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Full text of "[Provincial and state papers]"

f tjoviudat ^^m. 



DOCUMENTS AND llECORDS 



liELATING TO THK 



PROVINCE OF NEW-HAIPSHIEE. ' 



PEGM 1749 TO 1763 : 



Containing very valuable and InterCBting Records and Papers relating to the Crown 
Point Expedition, and tlie "Seven Years French and Indian Wars," 17.")5-1702. 



PUBLISHED BY AUTHORITY OF THE LEGISLATURE OF NEW HAMPSHIRE. 



VOI^TJ3J[E VI. 



COMPILED AND EDITED 15T 

NATHANIEL BOUTON, D. D., 

Corresponding Secretary of the New Hampshire-Historical Society. 



MANCHESTER: 

JAMES M. CAMPBELL, STATE PETNTER, 

18 7 2. 



OTICE. 



Joint Resolution, passed by the Legislature of New-Hampsliire. 

Resolved by the Senate and House of Ji.e2:>resentatives, in 
General Court convened, That his Excellency the Governor be 
hereby authorized and empowered, with the advice and consent of 
the Council, to emplo}' some suitable person, and fix his compensa- 
tion, to be paid out of any money in the treasury no.t otherwise 
appropriated, to collect, arrange, transcribe and superintend the 
publication of such portions of the early State and Provinc-ial 
Records, and other State Papers of New-Hampshire, as the Gov- 
ernor 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 NeAV-Hamp- 
shire Historical Society, and the remainder placed in the custody 
of the State Librarian, who is hereby authorized to exchange the 
same for similar publications issued by other States. 

Approved July 6, 1866. 



EDITOirS PUEFACE. 



Most of the conteuts of this vohime will be found of great historic 
interest and value. The controversy between the House of Kepresenta- 
tives and his Excellency Benning Wentworth, on his right to negative 
their choice of a Speaker and to determine what towns were entitled to 
Representation ; the conspiracy for his removal from office ; the official 
proceedings of the Government and the part the Inhabitants of the Prov- 
ince took in the expedition against Crown Point, and in the loug, expen- 
sive and bloody French and Indian wars ; the extension and growth of 
settlements in the northern and western sections of the Province; the 
action of the government in favor of Rev. Eleazer Wheelock's plan for 
instructing the Indian tribes; and the very important and copious public 
documents interspersed through the volume — all these give it a special 
value, and entitle it to a careful perusal and to frequent reference, by all 
who wish to become well versed in our Provincial history. 

Readers of this will please turn to page 320 and read the " Note by the 
Editor," explanatory of a change or moditication of the plan heretofore 
pursued. But, all may be assui-ed, that the portions of the Journal of the 
House which appear, were copied entire and exact. The "Records of 
the Coimcil" are also complete; and the numerous letters, documents, 
&c., which are interspersed are meant to be a literal transcript of the 
original. 

The VII"i and last volume of Provincial Papers will be one of more 
than oi'dinary interest and value, as it Avill embrace all records, papers 
and documents, to be found, relating to the ante-revoiutionary period, 
with the administration of the last of the Royal Governors of the Prov- 
ince — His Excellency John Wentworth, Esq. 



GENERAL CONTENTS. 



VOLUME VI. 



Pages. 
Adminlstration of Gov. Benxixg Wentwokth— cowimwed, 1749-1763 

Kecokds of his majesty's Council, 1750-1757 . . . 1-38 
Orderby the Governor, relating to Iron forge, &c. . . 8 

Order of Court I'elatiug to an Indian 9 

Ci»rrespoxde:nce — A conspiracy for tlie removal of Governor 

Wentworth from office 39-68 

Notice of Hon. llichard Waklron, Sec^' 39 

Notice of Col. Isaac Royall 41 

1719. JouRN.\i. of the House of Representatives, eontiimed 

from Vol. Y.,2y- 590 09-126 

Richai'd Waldron chosen* Speaker 71 

Disallowed by the Governor 71 

Controversy between the Governor and House, relating to 
the Speaker and the right of certain Towns to be repre- 
sented 71-13G 

Governor's Messages (1) . . . 71, 72, 83, 86, 88, 101, 112 
Answers of the House to Governor's Messages, 71, 73, 74, 

79, 85, 102, 104, 105, 106, 110, 113. 
Additional Instruction to the Governor by the Lords Jus- 
tices 82 

Address to his Majesty by the Assembly .... 89 

Address to his Majesty 93 

Draft of another address to his Majesty .... 99 

1750-1. Governors Messages . . .115, 116, 117, 119, 122, 124, 125 
Answers of the House thereto, . . . 115, 116, 117, 119, 120 

Coroner's inquest 125 

Assembly dissolved 125 

1752. A New Assembly called, "Journal of the House," resumed 127-295 
"New Style " introduced in New Hampshire, 1752 . . 127 

Names of members of the House 127 

Governor's Messages 130, 137, 160 



(1) The messages of the Governor and answers thereto each" year, are noted by 
pages, in the order in which they were presented.— Ed. 



VI 



GENEEAL CONTENTS. 



218, 



Pages. 

Answers of the House thereto 136 

Kules of the House 133 

Instruction from Lords of Trade and Plantations . . 138, 139 
Letter to John Thomliuson, Esq., agent .... 144 

Eeport of Attorney and Solicitor General to Lords Com- 
missioners of the Treasuiy, in relation to reimbursing 

fund, &c. ._ 

Letter to Richard Waldron from Richard Partridge . 
Memorial for settlement of the Coos country 
Governor's message relating thereto .... 
Letter from Theodore Atkinson respecting the same 
Letter to Capt. Phineas Stephens about Coos . 

1753. Governor's messages .... 181,197,200,217 

Answers of the House thereto 

A Pi'ovincial House recommended .... 

Report of Committee on Cutting Roads to and from Coos 

Letter from Capt. Israel Williams relating to Coos . 

A plan of the Province by Geo. Mitchell, &c. 

Address to his Majesty — on the subject of currency . 

Letter from John Thomlinson, Agent 

Report of the Attorney and Solicitor General relating to 

certain Townships and Tracts of Land, west of Con- 
necticut river 

Letters from Earl of Holdernesse .... 
from Lords of Trade, &c. .... 

Letter from Col. Eben'' Hinsdale, relating to Indians 

1754. Names of members of the House, 1752 
Governor's messages, 231, 258, 262, 277, 290, 292, 296, 300, 

321, 325, 329, 335. 
Answers of the House thereto, 243, 275, 287, 324, 332, 336 

The Province Goal, broken open by a mob 
Correspondence relating thereto — murder of Sabatis and 

Plausaway, Indians 262-265 

Letters from Gov. Shirley of Massachusetts . . . 277-279 
Letter from Gov. Shirley relating to Union of the Colonies 279 

Report of Committee relating to the purchase of a house 

for the Governor 

Commissioners to treat with the Six Nations of Indians, &c 

Letter from Lt. Gov^ DeLancey of New York . 

Resolution of Assembly of New York 

Building a Fort in the Coos country .... 

Letter from Gov^' Shirley to Gov'" Wentworth 

Governor's Message relating to the General Congress at 

Albany, &c 

Treaty of Peace with the Penobscot Indians 

Special Conventions, called August, 1754 .... 
Names of members in the first Special Convention . 



144-146 
146 

153-166 
160 
161 
163 
231 
173 
197 
198 
199 
200 
223 
226 



228 
233 
235 
236 
238 



337 
262 



280, 289 
283 
283 
284 

283-287 
291 

292 
292, 293 
295-301 

296 



GENERAL CONTENTS. 



Vll 



Johu 



Message of Gov^ Wentworth, to first Convention 
Letter from the Governor, and proceedings of Convention 
Message of GoV^ Wentworth to Second Convention 
Indian Troubles at Stevexs-Town and Vicixity . 
Depositions. — Of James Lindsey .... 

William Stark .... 

Lieut. William Miles 

William Emery 

Elizabeth Miles 

Amos Eastman 

Nathaniel Maloon . 

Ann Lindsey '. 

John Flanders .... 
Memorial of John Stinsou . • . 
Memorial of William Stark, Amos Eastman and 

Stark 

Further Indian Hostilities 

Letter from Elisha Chapin to Col. Israel Williams 
Letter from Col. Williams to Hon. Josiah Willard 
Letter from Col. Blanchard to GoV Wentworth 
Letter from Capt. Phineas Stevens to Col. Hinsdale 
Letter from Major Bellows to Col. Blanchard 
Letter from Col. Blanchard to GoV Wentworth 
Letter from Lt. Col. Willard to Col. Blanchard . 
Letter from Lt. Col, Willard to GoV Wentworth 
Letter from Ebenezer Hinsdale to Col. Williams 
Letter from Capt. John Gofle to Col. Blanchard 
Letter from Col. Blanchard to Gov'' Wentworth 
Names of men in service on Merrimack River . 
Names of men on Connecticut River, under Major Bellow 
Names of men near Keene and Fort Dummer, under Col 

Willard 

Note by the Editor 

Journal of the House — resumed 

Letter of Sir Thomas Robinson to Gov. Shirley 
Address of the Assembly to Gov'' Wentworth . 
Letter from Euos Bishop to Rev. Jedediah Jewett 

Captivity of James Johnson 

Passport of the Governor of Montreal to James Johnson 
Letter from Govi" Shirley to GoV Wentworth . 
Vote of the General Assemlily of Massachusetts 
Captives in Canada .... 

Muster Rolls 

Relating to Justices of the Superiour Court 
Division of the Province into Counties 



1755. 



Pages. 
297 

297, 298 
300 

301-309 
301 
302 
302 
303 
303 
305 
306 
306 
307 
308 

309 
310-319 
310 
310 
311 
312 
312 
313 
313 
314 
315 
315 
317 
318 
318 

318 
320 

320-384 
323 
324 
330 
330 
331 
334 
335 

335-337 
337 
339 

342, 346 



Vlll 



GENERAL CONTENTS. 



Pages. 



Messages from the Governor, 343, 348, 349, 355, 365, 368, 
369, 372, 379, 386, 400, 406, 409, 415, 418, 420, 427, 438, 
444. 

Answers of the House thereto, 348, 361, 366, 371, 372, 391, 
403, 406, 409, 419, 442. 

Journal of Walter Brj^ant in running the line between New 
Hampshire and the Province of Maine, 1741 

Letter from Sir T. Robinson to Gov. "Wentworth, relating 
to the defence of the Colonies 

Messages of the Governor relating to the same . . 355- 

Message of Gov. Shirley on the same 

Report of Committee in Mass"- on Gov. Shirley's message 

Report of Committee in N. H. on Gov. Weiitworth's message 

Letter from Gov. Shirley to Gov. Wentworth . . 

Memorial of Joseph Frye to Gov. Shirley ... 

Letter from Gov. Shirley 

Report of Committee on Gov''^ Message relating to enlist 
ments for the Western Expedition 

Extracts from his Majesty's Commission to Gov. Went- 
worth, &c 



of 



Crown Point Expedition 

Expedition to Crown Point, Gov'*^ message and answer 

the House 

Sundry papers relating to Crown Point Expedition . 
Letter from Lieut. Gov. Phipps of Mass^ . 
Letter from Lieut. Gov. DeLancey of New York 
Answer of N. Y. Assembly to the foregoing, and Resolu 

tions 

Letter from Col. William Johnson .... 
Letter from Col. Wendell, relating to Crown Point . 
Order of Gov. Wentworth relative to the Crown Point 

forces 

A Special Convention, called June, 1755 .... 
GoV^s message, relating to Crown Point 
Papers accompanying the message . '. . . 

Letter from Gov. Shirley 

Gen. Johnson's letters to Gov. Shirley 

Wm. Alexander to Gov. Shirley 

Answer to Gov's message, above .... 
Gov Shirley's letter, relating to Crown Point 
Resolves of New York Assembly .... 

Report of Massachusetts Committee .... 
List of Articles provided by Committee of War 
Name of members of Convention .... 

Journal op the House — resumed 

Minutes of Council at Alexandria, Va., April 14, 1755 
Massachusetts' act to prevent trading with the French 



349-351 

353 
-357, 365 
358 
359 
361 
363 
364 
365 

366 

370 

368-729 

372 

373-375 

377 

379 

380 
381 
382 

384 

386-399 
386 

387-391 
387 

388-390 
390 
391 
392 
394 
395 
396 
399 

400-530 
401 
401 



GENERAL CONTENTS. 



IX 



175G, 



Pages. 

Sundries for the Crowu Point Expedition .... 403 

Letter from Gov. Shirley 404 

Letter from Lt. Gov. Phipps 407 

Vote of Massachusetts to raise 500 men .... 407 

Letters from Admiral Boscaweu 408 

Letter from Col. Ebenr Hinsdale, relating to an attack by 

Indians on Hinsdale's fort 412 

Letter relating to the defeat of Gen. Braddock . . 413,414 

Letter from Col. Blanchard, on march to Albany . . 415 

Gov. Weutworth's order on Gen. Johnson for provisions 41G 

Letter from Maj. Gen. Johnson 421 

Minutes of Council of War, August, 1755 .... 422 

Letters from Lt. Gov. Phipps 424-42G 

Letter from Gov. Fitch of Connecticut .... 42(3 

Letter from Lt. Gov. DeLancey 427 

Letter from Col. Blanchard 42t) 

Letter from Gen. Shirley to Gov. Wentworth . . . 432 

The Baron de Dieskau, notice of 438 

Account of Crown Point Expedition, by SecJ' Atkinson . 439 

Letter from Gov. Shirley 445-44(1 

Letter from Lt. Gov. Phipps 445 

Letter from Gov. Fitch, of Connecticut .... 445 

Report of Committve in Massachusetts .... 447 

Letter from Maj. Gen. Johnson to Gov. "Wentworth . . 449 
Governor's messages, 453, 459, 480, 484, 487, 503, 505, 511, 

513, 517, 521, 534, 538, 542. 
Answers of House thereto, 454, 483, 48G, 511, 512, 515, 519, 

532, 540, 549. 

Letter from Col. Hinsdale 458 

Letter from Gen. Shirley to Gov. Wentworth . . . 4G0 

Council of War at New York, Dec, 1755 .... 4G3 
Proposal for an attempt against Ticondcroga and Crown 

Point 467 

Report of Committee on the same ..... 469 

Letter from Josiah Willard to Gov. Wentworth . . 471 

Resolve of the Assembly of New York .... 474 

Petition of Ezra Carter and John Chandler, of Rum ford . 477 
Letters from Maj. Gen. Shirley to Gov. Wentworth . . 480, 489 
Instructions for Committee of Massachusetts going, to 

Albany 490 

Proportion of Ordnance, &c., for Crowu Point Expedition 493 

Answers to sundry Queries 498 

Letter from Gov. Shirley to Gov. Wentworth , . . 499 

Muster Rolls 500 

Allowance for wages of five hundred men for Crown Point 504 

Letter from Gov. Shirley to Gov. Wentworth . . , 505 

Grant of £30,000 for Crowu Point Expedition . . . 506 



X 



GENERAL CONTENTS. 



. Instructions for agents sent to Albany 
Letter from Gen. .Tolin Winslovv to Gov. Wentworth 
Letter from Col. Natli' Meserve to Gov. Wentworth . 

Special Coxvention, called Sept., 1756 .... 

Message of Gov'' Wentworth 

Letter from the Earl of Loudonn to Gov. Wentworth 
Names of members of the Convention 

Journal of the House, resumed ..... 
Earl of Loudoun's letter to Gov. Wentworth 
Orders to the Agent at Albany, about provisions 
Copy of the King's warrant on the Treasury for £115,000 
Letter from Messrs. Handbuvy & Thomlinson to Gov 
Wentworth 

1757. Governor's messages, 552, 559, 5G5, 566, 571, 575, 576, 578, 
583, 591, 594, 599, G02, 611. 
Answers of the House thereto . 564,577,578,586,601, 
Letter from Theo. Atkinson, Esq., to Gov. Wentworth 
Earl of Loudoun's application for more forces . 
Proportion of men to each Colony .... 
Earl of Loudoun's answer to sundry Queries 
Earl of Loudoun's determination on sundry points 

Act for raising 500 men 

Letter from J. West, Sec^ of the Lords Commissioners 
Letter from Gen. John Winslow and Memorial . 

Earl of Loudoun's letter 

Letters from Hon. Wm. Pitt, Secy .... 
Letter from Gov. Wentworth to Gen. Webb 
Petition of Maj. John Gilman 

Special Convention called, June, 1757 .... 

Correspondence : 

Letter from Lord Loudoun to Gov. Wentworth 

Gov. Wentworth's answer to the above 

Letter from Secretary Pitt to Gov. Wentworth . 

Letter from Gov. Wentworth to Secy Atkinson . 

Letter from Peter Bours, R. I., to Secy Atkinson 
Records of Council, 1758-1763. — Continued from n. 38 

Letter from Capt. Joseph Mead, asking to impress seamen 

Letter from Secy Atkinson to Capt. Mead . 

Commission of Hon. John Temple, Lt. Gov. of the 
Province ......... 

Commission of Theo. Atkinson, jun., Sec'y of the Province 

1758. Journal of the House — resumed from p. 618 . 

Governor's messages, 635, 640, 646, 648, 654, «55, 656, 662 

666, 667, 671, 674, 678, 683, 690. 
Answers of the House thereto . . . 650, 655, 659. 



Pages. 
527 
529 
530 

534-538 
534 
535 
537 

538-600 
539 
539 
543 

544 



606, 608 
556 
556 
559 
560 
561 
569 
571 

571, 572 
595 

596, 597 
598 
600 

601-608 

608 
609 
610 
614 
615 
619-633 
626 
626 

630 
631 

635-848 



667, 694 



GENERAL CONTENTS. 



XI 



1760. 



727, 729 



Earl of Loudoun's letter relating to Rangers 
Letter from Andrew Oliver, Boston, and answer 
Letter from Lieut. Wni. Cook of the Royal Regiment 
Commissioners to meet in Boston .... 
Earl of Loudoun's letter about Rangers 
Notice of Mrs. Jemima How and other captives 

Letter from Gov. Wentworth 

Letter from Secretarj^ Pitt, relating to prosecuting the war 
Letters from Gov. Wentworth to SeO' Atkinson 
His Majesty's 29"i Instruction . . 

Address to his Majesty, Geo. II 

Taverns in New Hampshire, number in towns . 
Address to his Majesty in Council .... 
Messages of Gov. Wentworth, 701, 709, 711, 713, 715, 

Answers of the House thereto 

Letter from Secretary Pitt, relating to the war . 
Letter from Gen. Amherst to Gov. Wentworth . 
Letter from Secretary Pitt, on prosecuting the war . 
Division of the Province into Counties 
Messages of Gov. WentAvorth .... 
Answers of the House thereto .... 
Letter from Gen. Amherst to Gov. Wentworth . 
Names of towns in the Province, to be taxed 
Petition, in relation to fish in the Merrimac river 

1761. Death of his Majesty King George, the 2'^ . 
Messages of Gov. Wentworth . . 759, 777, 780, 785, 

Answers thereto 762, 778, 

Letter from Secretary Pitt to Gov. Wentworth . 
Address to his Majesty, King George, the 3d 

Address of ministers in the Province to the same 
Letter from Gen. Amherst to Gov. Wentworth . 
Address to his Majesty 

1762. Letter from Gov. Wentworth to Sec.v Atkinson . 
Messages of Gov. Wentworth ... . 802, 810, 825 

Answers thereto 

His Majesty's 24'i' Instruction to Gov. Wentworth 
Letters from the Earl of Egreraont .... 

Letters from Gen. Amherst , 

An Act for raising £10,000 sterling .... 
Abstract of Muster Rolls, 1761, in Col. Gofl''s Regiment 

Letter from Gov. Wentworth 

Petitions for and against a Play-house inPortsm" — names. 
Rev. Eleazer Wheelock — memorial, &c. . . . 837- 

Special Convention, held July, 1762 

Governor's message 

Letters from Sir Jeffrey Amhei'st 

Report of Committee 



Pages. 
636 
637 
641 
642 
643 
645 
653 
656 
667, 684 
674 
684 
686 
700 
718, 721 
710, 720 
703 
705 
714 
722, 749 
746, 756 
732, 735 
730 
742, 760 
753 
758 
791, 796 
780, 785 
775 
782 
783 
796 
798 
801 
850, 854 
835, 858 
803 
810, 811 
812, 014 
818 
823 
824 
831-835 
■840, 862 
845-849 
845 
846 
847 



XU GENERAL CONTENTS. 

Pages. 
Letter from Andrew Clarkson, clerk, to Sr. Jeff. Amherst, 849 

Letter from Sir Jefl'. Amherst 851 

Letters from Gov. "Wentworth 853, 854 

Letters from Theo. Atkinson, sen., to Mr. Thomliuson . 855, 856 
Letter from Hon. James Nevin, iu London, to Theo. Atkin- 
son 856 

1763. Governor's Messages . . .... 860, 872, 879 

Answers thereto 875, 882 

Testimonial of ministers in Connecticut to Rev. Eleazer 

Wheelock 862 

Answer of ministers iu New Hampshire, thereto . . 863 

Treaty of Peace, at Paris, February 10, 1763, abstract of . 873 

MISCELLA^'EOUS Papers 886 

I. Correspondence between John Thomlinson, Esq., Mr. 

Secretarj' Atkinson, Heurj' Sherburne, jun.. & others, 886-896 

The Mason Purchase 893 

Mason's title 895 

II. Copy of a Ilepresentation of the Lords of Trade to 

King George II., respecting New Hampshire . . 896-904 

III. Report of Agents impowered to receive money, &c., 905-907 

IV. Commissions of Gov. Beuning AVentworth from his 

Majesty, George III., 1760 908-915 



Names of members of his Majesty's Council in the Province of 
New Hampshire, under the Adnmiistration of Governor 
JBenning IVentn^orth, 1749 to 1763. 

Appointed in 1728. HENRY SHERBURNE. Died Dec. 29, 1757. 

1733. ELLIS HUSKE. Died 1755. 

1734. THEODORE ATKINSON. 

1739. RICHARD WIBIRD. 

1740. SAMUEL SMITH. Died May 2, 1760. 
1740. JOHN DOWNING. 

1743. SAMUEL SOLLEY. Died in England, 1758. 

1745. SAMPSON SHEAFFE. 

1753. DANIEL WARNER. 

• 1754. JOSEPH NEWMARCH. 

1759. MARK HUNKING WENTWORTH. 

1759. JAMES NEVIN. 

1761, WILLIAM TEMPLE. 

1761. JOHN NELLSON.(l) 

1763. THEODORE ATKINSON, Jun. 

1763. NATHANIEL BARRELL. 

(1) Never took the oaths of office, and nevei- sat in the Council.— Ed. 



NEW-HAMPSHIRE 

PROVINCIAL PAPERS. 



VOLUME VI 



Theodore Atkinson 
Ricli'i Wibird 
Sam^ Smith 



RECORDS OF THE COUNCIL. 

[The Records of his Majesty's Council whicli follow, continued from 
page 133, of volume v, "Provincial Papers," are copied from a MS. vol- 
ume in tlie office of Secretary of State, labeled, •' Council Records, 
1742 to 17(J7." Pages in the mai'gin correspond with the Record from 
which the copj* is made.— Ed.] 

[r. 53.] At a Council holden at Portsni", according to his Ex- 
cellencys Suraons, Jan^' 3'^ 1749, [50.] 

Present 
His Excelency, Benning Wentworth, Esq. Gov^ 
Henry Slierburne 

■ Esqs. Sam' Solley S- Esqs. 

Sampson Slieaffe ) 

His Excelency laid before the Board Sund'^ Petitions from the 
Inhabitants of Haverhill District so called desiring that they may 
be incorporated into Towns or Parishes as his Excelency with the 
advice of the Council should tliink proper so that they may be en- 
abled to transact Town or Parish affairs Avliich in their ])resent 
scituation they Avere not impowered to do — To which the Council 
gave the following advice — That his Excelency be desired to in- 
corporate the people into Townships agreeable to or near as may 
be to the report [of] a Comittee heretofore appointed by his Ex- 
celency with the advice of y*^ Council to survey & report thereon 
& the Plan exhibited by the Petitioners. 

[p. 54.] His Excelency acquainted the Council that he had re 
ceived many Petitions from the Inhabitants of this Province for 



2 PROVINCE OF XEW-HAMPSHIRE. [1750. 

granting Lands within tlie same and proposed to them the grant- 
ing to such of the inhabitants of each town within this govern- 
ment that sent a member to the Assembly as shouki be tho't most 
likely to settle & improve tlie same, a Township of six miles 
square under the restrictions & Quitrents directed to in his Maj 
esties Instructions to which his Majesties Council did advise & 
consent. 

His Excelency laid before the Board a Petition of Coll. Wil- 
liam Williams & others jtraying a Grant of a townshij) at a place 
called Melloomscott (1) on the Avestern part of this government 
agreeable to a plan by s'^ Williams exhibited ^^■hich was alsoe laid 
before the Board. 

And then asked his Maj'-''^ Council weither they would advise to 
the making a grant of the s'^ township agreeable to his Majestys 
Instructions. 

To w^hich the Council did advise and consent. (2) 



At a Council holden at Portsmouth according to his Excelencys 
Summons on Wednesday Feb^' 14"" 1749 — 
Present — His Excelency Benning Wentworth, Esq. Governour. 
Ellis Huske '\ Sam^ Smith "^ 

Theod. Atkinson -Esqs. John Downing ^-Esqs. 

liich'^ Wibird ) Sampson Sheaffe } 

[p. 55.] The memorial of Benjamin Rolfe Esc{. in the name and 
behalf of the Inhabitants of Kumford so called within this Pro- 
vince praying that they may be incorporated into a Township &c. 
xead and ordered that the Petitioners serve the selectmen of the 
Town of Bow with a copy of the said Petition & notify them 
that they appear before the Govern'' & Council on the 8"" day of 
May next then & there to shew cause why the passage of the Pe- 
tition should not be granted. (3) 

His Excelency laid before tlie Board Mr. Agent Thomlinsons 
letter of the 3*^ of December 1749 & sundry papers referred to in 
the said letter relating to a report from the Lorcl Comissioners foi* 
trade and Plantations to the Lords of the Comittee of Council 

(1) This should he WaUoomsack, wliich is now the name of a river in Vermont, 
formed by the nnion of several streams in Bennington, and, llowing W. unites with 
Iloosic river in Iloosic township, N. Y. Bennington was the lirst townsliip granted by 
(jiov. Benning Wentworth, west of the Connecticut river, and was so named in honor 
t)f the Governor. The charter was granted Jawuary 3, 1749-50. William Williams in 
first named as one of the grantees. [See MS. Charter Records in Sec'y's oflice, Vol. I, 
1i.47.]-Ed. 

(2) It should be noted that this grant was at the extreme western terminus of the 
territory claimed by New Hampshire — touching the boundaries both of Massachusetts 
nad New York. It gave rise to the great controversy subsequently, about the N. H. 
Grants.— Ed. 

(3) See Bouton's Hist, of Concord, p. 208. The abovesaid Petition of Col. Benj. 
Uolfe is on file in l)undle of papers now in N. II. Hist. Soc. Lib. indorsed, " Doc. No. 2. 
A." Also a counter petition of Selectmen of Bow, indorsed, " Doc. No. 2, B." 



1750.] RECORDS OF THE COUNCIL. 3 

relating to Fort Diimnier witli an acot /annexed of the charges of 
supporting Fort Dummer from November 1744 to October 1748 
by the Province of the Massachusetts Bay &c. & the agent desire- 
ing that his Excelency & the Council would imediately procure 
such })roofe as directed to in s*^ letter and forward them properly 
authenticated to be made use of before the Lords of the Comittee 
aforesaid, which letter & papers having been read his Excelency pro- 
posed that a Comittee of this Board be immediately directed to 
procure all such evidences as may be tlio't necessary for answering 
the ends aforesaid to which the Council di<l advise & consent & 
accordingly Ellis Huske, Richard Wibird, Sanuiel Smitli, John 
Downing & Sampson Sheaffe Esqrs. are appointed for the ends 
aforesaid, & 'tis further advised by his Majesties Council that his 
Excelency would direct that the Kings attorney & the Secretaiy 
give their advice & assistance to the said Comittee in every thing 
necessary to that end and that his Excelency give his Warr' upon 
[p. 56.] the Treasury for such sum to be paid to the said Comittee 
as will answer the necessary expense of the said affair thus comit- 
ted to them. 



At a Council holden at Portsmouth according to his Excellencys 
Sumons on Fry day the IG"^ of Feb>' 1749 — 
Present — Ilis Excellency Benning Wentworth Esq. Governour 
Theodore Atkinson ) rp John ])owning ") t, 

Sam' Smith ]" ^^^^ Sampson Slieaffe | ^^"^^ 

His Excellency laid before the Board the several letters & pa- 
pers from the agent as mentioned the 14"^ inst. and acquainted the 
Board he intended to prorogue the General Assembly for about 
three weeks there not being at present above four or five members 
of the House attending & that he pro})Osed that the Secretary 
should write Circular letters to the respective members to give 
their attendance at the day to Avhich the General Assembly should 
be prorogued in order that they may be informed what dangers 
the interests of the Province is in miless some due measures are 
pursued to which the Council did advise. 



At a Council holden at Portsmouth according to his Excellencys 
Sumons on Wednesday March 22'', 1749 — 

Present 
Ellis Huske ^ Sam' Smith ^ 

Theodore Atkinson vEsqs. Jno Downing V-Esqs 
Rich'' Wibird j Sampson Sheaffe ) 

Upon the request of the selectmen of Newtown setting forth that 



4 PROVINCE OF NEW-HAMPSHIRE. [1750. 

the town of South Hampton had voted oft' tliirty Inhabitants of 
[p. 57.] s*^ town to be annexed to Newtown and praying the au- 
thority of this Board to invest the s*^ thirty men with power to 
transact with the town of Newtown in all town affairs excepting 
the repairing the highway &c. which request was alsoe made by 
the s*^ persons so polled off". The matter being debated at the 
Board, Resolved that an order be drawn up to answer the end 
proposed, which being accordingly done and read at the Board or- 
dered that the same be engrossed & laid before his Excellency the 
Governour for his assent & that he be advised to affix the seal of 
the Province to the same which was accordingly don and entered 
in the book of Charters — Pages 58 & 59. (1) 

(lu the margiu) — "Copy'd & deliver'd the gov'r to send to England." 



At a Council holden at Portsm" according to his Excelencys 

Sumonson Thursday the May 3*^ 1750. 

Present — his Excelency Benning Wentworth, Esq. Governour. 

Theodore Atkinson ^ t t -r» • -» 

-o- 1 d Txr-i -1 ( 1? John Dowmng | ^^ 

Rich^ Wibn-d t Esqs. g^^ gj^^^^^ I Esqs. 

Sanr bmith ) ^ ■' 

The petition of Joseph Peasley and about 27 othei's inhabitants 
of the district of Methuen i)raying that they together with some 
adition out of the westerly end of Haverhill District may be incor- 
porated into a Township by such metes and bounds as described 
in a i)lan exhibited by tlie j)etitioners, upon reading which 'tis or- 
dred that the parish of Windham & those people on the west part of 
Haverhill afore*'"^ be notified to ai)pear at this Board the 9"^ inst. 
to shew cause if any they have why the prayer ot the petition 
should not be gi-anted. 



[r. 58.] At a Council holden at Portsm" according to liis Ex- 
celencys Orders on Thursday May the 9"^ 1750. 
Present — His Excellency Benning Wentworth, Esq. Governour. 
Theodore Atkinson ) -p, ., Sam^ Solley 1 Esos 

Rich*^ Wibird j ^^^' Sampson Sheaffe j ^ ' 

The Council took under consideration the Petition of Peasly & 
others as entered the 3"^ inst. «fc having received from the Inhabi- 
tants of Windham by the hand of one of the selectmen of s*^ Wind 
ham a memorial signifying their consent that the Petitioners might 
be set off* mtirely and not polled off' only — and the other persons at 
the west end of Haverhill being notified also & not appearing to 

(1) The abovesaid is found in "Charter Records" in Sec'y's office, Vol. I, pp. 58, 59.— Ed. 



1750.] , EECORDS OF THE COUNCIL. 5 

slie^v any reasons why the prayer of the s*^ Petition shox;lcl not be 
granted — Resolved that his Excelency be desired to grant a char- 
ter of Incorporation agreeable to the s*^ Plan & Petition with a 
clause to be inserted therein reserving to the Governour & Coun- 
cil a power of makeing such alteration hereafter as may be for the 
advantage of the said Inhabitants. 

The Petition of Oliver Partridge Esq. of North Hampton in the 
Massachusetts Bay in behalf of himself & others praying for a 
grant of a tract of his Maj'-'* Lands at or near a place called Cold- 
rain to contain six miles square agreeable to a Plan exhibited — 
the said petition being read and debated his Excelency ordred 
[p. 59.] the question to be put to the Council weither they would 
advise him to make such a grant as above mentioned agreeable to 
his Majesties Instructions — to which the Council did unanimously 
consent. 



At a Council holden at Portsmouth according to his Excelencys 
Sumonson Fryday May the 18"' 17o0. 

Present 

' Ellis Huske 1 t i t^ • ^ 

^,^■^ 1 wi • John Downmg ) 

IJieod. Atkinson -r, c i c n { t? 

llichMVibird p^'l^- ^-vm'Solley -Esqs. 

Sam^ Smith J Sampson bhenfte ) 

A Petition signed Samuel Miller Wm. Moore & others ])referred 
by John Goife, P]sq. & Mr. Samuel Patten ])raying foracliarter of 
Incorporation of the inhal)itants of a place called Sowhegan East 
(1) in this Province being read & J()se])h Blanchard, Esq. in be- 
half of the town of Merrimack also at the same time a])])earing & 
the ])arties being heard on the said Petition & agreeing where the 
line should run in case his Excelency with the advise of the Coun- 
cil should think proper to grant the Petitioners a Charter of In 
corporation — Mr. Gofte & Patten upon being asked declared tliat 
the sole end proposed by tbe ])etitioners was to be incorporated 
with privileges as other towns by law have within this Province. 

Upon which the Council did unanimously advise that his Ex- 
celency grant a charter of Incorporation as usual in such cases. 

(1) Now called Bedford.— Ed. 



6 PROVINCE OF NEW-HAMPSHIKE. [1750. 

At a Council lioldeii at Portsmouth aecordiiio- to liis Exceleucys 

Sumoiis on Thursday June 2P' 1750. 

j^p. 60.] Present — His Excelency B. Wentworth, Esq, Governor. 

Ellis Huske ") q i c n -^ 

n-,1 1 A<-i • f -ui oanr bollev | ^ 

Iheod. Atkinson >-Esqs. ^ cm ji* >■ Esqs. 

Sam^ Smith j Sampson Sheaiie j 

His Excelency laid before the I3oard a letter he lately received 
from Gov'' Cornwallis dated Halifax the 8'!' day of May last, ac- 
quainting- his Excelency that he had sent a detatchment to Chenuto 
who found the French froni Canada &c. too numerous &, that his 
s'' detachment tho't it tlieir prudence to re-imbark the same day 
they landed & also referr'd him to a letter he had wrote to Lieut. 
Gov"" Phipps of the third of May last a copy of which letter his 
Excelency also laid l)efore the Board. 

And then asked his Maj'^'^ Council what answer they would ad- 
vise him to make to the said letters. 

To which the Council did advise That his Excelency acquaint 
Governoiu- Cornwallis that the Council on their parte were ready 
& willing to do every thing in their power to })romote the set- 
tlem' of his Maj'^" province of Nova Scotia, but as the pay cfe sub 
sistance of any troojis sent from hence de})ended on a grant of 
money from the House of Representatives who were not at pres- 
ent in a state of action they look upon raising of men at this time 
for that purpose impracticable. 

His Excelency also laid before the Board a letter from Gov"" 
Clinton dated from Fort George, New York, Jau^ 6"' 17o0, com- 
2)laining that a giant of land lately made by this Governm' was 
partly within that Governra' &c. And then asked the Council 
what answer they would advise him to make. 

[p. 61.] To Avhicli tlie Council did advise that his Excelency 
submit the determinatio'.i of the Boundary line between the Prov- 
inces to his Maj'-'' ct i)ray his lavour in settling the same & to ac 
quaint Goveruour Clinton of such his resolution. 



At a Council holden at Portsm" According to his Excelencys 
Sumons on Thursday August 22*^ 1750. 

Present — His Excelency B. Wentworth, Esq. Governour. 

Henry Sherburne ] John Downing ^ 

Ellis Iluske [-^^ Sam' Solley J- Esqs. 

Theodore Atkinson [ ' '' " Sampson Sheaffe } 

Rich'i Wibird J 

His Excelency laid before the Board a letter he rec"^ from his 
Excelency Governour Clinton dated New York 25"^ of July 1750 
relateing to the dividing line between the two governments & de- 



1750.] KECORDS OF THE COUNCIL. 7 

siring if the affidr was siibuiitted to liis Maj'^'"^ determination that 
his Excelency "wouhl exchange "witli liini the representation he 
should make to his Ma]'^ thereon — and that lie would in this case 
send his representation to his Excelency liere. 

And then asked the Council if they would advise to such an ex- 
change — to which the Council did advise & consent. 

His Excelency also mentioned to the Council the money grant- 
ed by Parliament for reimbursting the charge the Province had 
been at in the expeditions against Louisburg & the the intended 
expedition against Canada taking notice of the circumstances that 
attended the said Grant that at ])resent it lay Avithout any im 
[V. 62.] provem' to the advantage of the Province — and then 
asked the opjunion of the Council therein that if any thing could 
be done for the service of the Province he was ready to joyn them 
therein — which matter being debated and several acts of Gov- 
ernm' for emitting the said money being read & laid U])on the ta 
ble it was resolved that the future consideration of this aifair be 
referr'd to the next meeting: of the Governour & Council. 



At a Council holden at Portsm" on Fryday August 31, 1750.. 
Present — his Excelency Benning Wentworth, Esq. Governour 
Henry Sherburne ) Rich'^ Wibird "^ 

Ellis Iluske |-Es(|s. John Downing -Esqs. 

Theod. Atkinson 3 Sampson Sheafle} 

The Council again took under consideration the affair of the 
money in England granted b}' Parliament as mentioned the 22''- 
Instant and considering the several acts by which the money Avas 
emitted here and the directions from England thereon did not at 
present think it advisable to conne to any resolution relating to the 
same. 

His Excelency laid before the Board the Act of Parliament past 
the 16"^ of November 1749 entituled An act to encourage the im- 
portation of Pigg & liar Iron from his Maj'^'* Colleries in Amer- 
ica & to jirevent the (-recting of any inill or other engine for slit- 
ting or rolling Iron &c. And ordered that the same be made 
publick thro' out this Province by the High Sheriffs i-eading the 
same in the iiublick places of this town & th' y*" Secy cause a 
Notification to be sft up in several towns thro' out the Province. 



8 PROVINCE OF NEW-HAMPSHIRE. [1750. 

Order by the Governor. 

[Copied from MS. Corr. in Secy's office, vol. II, p. 45] 
Province of New Hampshire 

By his Excelency the Governour 

All persons who are Proprietors of or are concerned in any mill or 
Engine for slitting and rolling of Iron or any Plateing forge to work 
with a Tilt-liammer, or any furnace for malving steel within this govern- 
ment (if any sucli mill, engine, furnace or forge there are) are hereby re- 
quired to deliver or caused to be lodged in tlie Secretarys office on or 
before the 10"' day of October next a Certiflcate of their respective inter- 
ests or shares in such mill. Engine, Forge or Furnace Expressing 
therein the places where they stand, the Time Avhen Erected & weither 
the same be used or not. 

Given under my hand at Portsm'' the 31**'^ day of Angust, 1750. 

B. Wextwokth. 

By his Excelcncys command 

Theodore Atkinson, Sec^ 

Since issuing the alcove order, I do herebj' certily that tliere hath not 
been any certilicate in or about tlie Premises above said, Bro't or lodged 
in the Secretarys office, & that there is not now nor ever was within this 
Province any such mill, Engine, Forge or Tilt-hammer 

B. W. 
By order of his Excelency, 

T. A. S3-. 



[i>. 63] At a Council hokleii at Portsmouth Sept. 26"^ 1750. 
Present — His Excelency Y>. Wentwortli Esq. Governour 

??• ?.f w-i^^T"'"''' K^ Sam^Sollev ) t, 

SSS j '■ Sampson Sheaffej ^'^'- 

The Higli Slieriif bro't in & delivered his Excelency an order 
of his Majesties Superiour Court of Judicature for dismissing an 
Indian man named Nambrous who was committed to goal by a 
Warr* from Sam' Harte Esq. for attempting to kill Moses Win- 
gate by stabing him in the arm &c. and tliat his Excelency should 
be informed of the s'^ order to the intent that his Excelency might 
make such order with relation to the s'^ Indian as he should think 
proi)er. 



1750.] RECORDS OF THE COUNCIL. 9 

Order of Court, <&c. 
[Copied from MS. Corr. iu Secy's office, vol. II, p. 51.] 
Province of New Hampshire — 
At his Majesties Super Court of Judicature held at Portsmoutli in and 
for tlie Province of New Hampshire on the second Tuesdaj' of Sep- 
tember being tlie Eleventh day of said month by adjournment from 
y first Tuesday of August next foregoing, iu the L'4"i year of his 
Majesties reign, A. D. 1750. 

Present— The Hon^e Ellis Iluske, Esq. Chief Justice 

The Honwe S Thomas Wallingford ) j, justices 
• ^"^ ^^^" I Meshech Weare 5 ^^^^- "^"^"ces 

An Indian man of Penobscot (as he saith) hy y" name of Nambrous 
being committed to his Majesties goal in Portsmouth ))y warrant from 
Sam' Hart Esq. Justice of the Peace for said Province for attempting to 
kill Moses Wingit of Dover by stal)bing him with a knife in the arm and 
body — no evidence appearing against him, the said Indian — to couTict 
him — It is considered bj' the court that the said Indian be acquitted and 
Discharged. And inasmuch as the Indian Nations arc making Warr upon 
his Majesties subjects in New England, therefore Ordered that his Excel- 
lency the governour be Informed of this Courts order to Discharge the 
said Indian and that this court can hold lilui no longer, to the Intent that 
his Excelency may take order as he shall think fit concerning him. 

This order pass'd Sept. 2(), 1750. 

Copy of Record— Attest Geo. JattVey, CI. 

Which [order] being read at tlie Board and iu as much as tlie 
tribe to which the s'^ Indian l)elonfjs liavino- coniitted hostilities 
against his Maj'^'' subjects of the neighbouiing Governments the 
Coimcil advised his Excelency to give the Sherift' orders to de- 
tain the s'^ Indian tt his squaw that is now with him till further 
order of the Governour & Council. 



At a Council liolden at Portsmouth by liis Excelencys Sumous 
on Thursday December 13"^ 1750 
Present — His Excelency Benning Wer.tworth, Escj. Governour. 
[p. 64.] 

Ellis Huske ^ Jolui Downing ^ • 

Theod. Atkinson [-Esqs. Sam' Smith " vEsqs. 

Paeh'i Wibird ) Sampson Sheaffe j 

His Excelency laid before the Board a letter dated Whitehall 
the 19"' Jixly 1750 from the Right Hon"*^ the Lords Comissionei-s 
for Trade and Plantations directing his Excelency to send over to 
them with all possible dispatch the best ace*** he can get of the 
boundaries of the Province together with a Cart or Map thereof 
and all the accounts & vouchers to support the same particularly 
with relation to any settlement made by the English on the fron- 



10 PKOVINCE OF NEW-HAMPSHIKE. [1751. 

tiers towards tlie lakes & mountains & to inform their Lordshijjs 
weither the subjects of any foreign Prince have made any & what 
incroachments on the Province aforesaid & at what time. 

And then asked the Council what method they would advise 
him to take fully to answer the said letter. 

To which the Com.cil did advise that his Excelency em})loy some 
suitable person or persons to mak^ an exact Plan of the Province 
agreeable to the bounds mentioned in his Exceleneys Comission, & 
if necessary to measure the course and distance between Piscata- 
fjua river & curve line that is 3 miles north of Merrimack and 
that the exi)eKse thereof be paid out of the Treasury Avhen ace'*' 
thereof shall be laid before the Couiu'il and allowed. 

His Excelency acquainted the Board that the Goal-keeper liad 
made frequent applications to him for sonre allowance for siqiport- 
ing the Indians now in goal by order of the Governour & Council 
he having long supported them and having liithcrto received no 
alloAvance therefor. 

Resolved that his Excellency be desired to grant his warrant ori 
the Treasury for ten pounds N Ten" to be paid out of the money in 
the treasury as tines to the said Pitman if any such money there 
is there. 



[p. 65.] At a Council holden at Portsmouth by liisExcellencys 
order on the 24"' day of Jan^. 1750— 

Present. 
His Excellency Benning Went worth Esq. Governour. 
Theodore Atkinson |^ t,^ John Downing ^ -j-, 

liich^ Wibird j "^^^l*^- Sampson Sheaffe j -^^^^• 

His Excelency laid before the Board a letter from his Excelen- 
cy G. Clinton Esq. Governour of New York dated the 18 of Decem- 
ber last acquainting his Excelency here that he had appointed a 
meeting of the six nations of Indians at Albany on the tirst week 
of Jime next and desiring he would ])e there in person or send 
Comissioners to consult on proper measures (with the other govern- 
ments) in order to retain the s'^ six nations in the Interest of his 
Majesty & of his Provinces here, and that such Comissioners 
come properly furnished with presents &c. Avhich letter being read 
]iis Excelency asked the advise of the C<^uncil in Avhat manner 
they would advise him to an'* the s*^ letter. (1) 

Upon which the Council answered that considering the present 
unactive situation of the Government could not advise to any oth- 
er answer than acquainting his Excelency Governour Clinton of 
their hearty inclination to cultivate a good understanding with the 

(I) The letter of Gov. Clinton cannot be found.— Ed. 



1751.] RECORDS OF THE COUNCIL 11 

said six nations, & that they Avould readily joyn Avith tlie otlier 
brances of tlie Legislatiire in every reasonable thiiii^ to answer 
such an end, but at present think it improper to advise to the 
[p. 66.] sending any Commissioner, not being in their power to 
furnish them properly with suitable presents without which they 
ap])rehend the embassy would be of little service. 

Mr. John Ober from the town of Salem & Mr. Samuel Campbell 
from the Parish of Windham produced before the Board the votes 
of the s*^ town & Parish for altering the line between them as pr 
votes on file & prayed that his Excelency & Council would be 
pleased to alter the s'^ line agreeable to the s*^ votes Sc a Plan also 
exhibited but there being a petition & complaint also exhibited 
by Sam' Morrison & others relating to the s'^ votes &> line the 
Council suspended the consideration of the s'^ affair till a future 
meetina:. 



At a Council holden at Portsmouth according to his Excelency "s 

Sumons on Friday A})ril 26"' 1751, 

Present 

His Excelency B. Wentworth Es<}. (iovernour 

Ellis Iluske ") t i t^ • -^ 

rri 1 A<-i ■ I T7I John i)ownin<r f t. 

iheod. Atkinson >-Esqs. ,, ,,, \;. )- Esqs. 

R. Wibird ' j Sampson Sheatte j ^ 

The petition of Timothy Dwight of North Ham])ton in y' Mass'' 
Bay, Esq. and others his Associates ])raying a grant of a tract of 
land of six miles square within this his Maj'-^'^ Province agreeable 
to the scituation & bounds in the s'^ Petition mentioned being read 
at the Board his Excelency asked the Council weitlier they would 
advise to the granting the said tract of land & makeing out a 
Charter in the comon form — accordingly to which the Council did 
advise and consent. 

[r. 67.] Also one other petition of Phineas Lyman Esq. of y'^ 
«'' North Hampton & his associates })raying for one other tract ot 
Land of six miles square & adjoyning to the abovementioned tract 
granted to Timo. Dwight & associates bounded as in the said })e- 
tition being read his Excelency asked the advice of the Council 
weither a grant &, Charter in comon form should be made to the 
petitioners to which the Council did advise & consent. 



12 PKOVINCE OF NEW-HAMPSHIRE. [1751. 

At a Council liolden at Portsm" on Wednesday 17 July 1751. 

Present 

His Excelency Benning Wentworth Esq. Governour. 

Henry Sherburne"^ John Downing 1 Ecfio 

Theod Atkinson [-Esqs. Sampson Sheaffe,j ^' 

Richi Wibird ) 

Upon reading the petition of Thomas George Abraham Merrill 

& others prayhig to liave the inhabitants of a tract of land lying 

partly in Chester, partly in Londonderry & and partly land not 

heretofore incorporated lying l^etween those towns & Merrimack 

river, incorporated & the inhabitants thereon invested with the 

privileges of a town etc. It appearing by a vote of the town of 

Chester that they had consented so far as they Avere concerned, 

but Londonderry not having signifyed their consent — Ordered that 

the Town of Londonderry be notifyed hereof that they may shew 

cause if any they have why the prayer of the said Petition may 

not be granted on the first of August next and that the petitioners 

serve the selectmen or Town Clerk of Londonderry with a copy 

of the petition & this order. 



[r. 68. J At a Council holden at Portsmouth by his Excelencys 
Sunions oh the 1"' of August 1751. 

Present in Council 
His Excelency Benning Wentworth, Esq. Governoiu* 
Henry Sherburne ^ John Downing \ -p, 

Theodore Atkinson >Esqs. Sampson Sheaffe j "^' 

Pach'i Wibird ) 

Capt. Samuel 15arr appeared in C-ouncil & desired to be heard in 
behalf of Londonderry on the aftair of the petition of Thomas 
George, Abraham Merrill and others relateing to a Parish as en- 
tred the 17"' of July last, but his ])Ower of appearing being insuffi- 
cient & he praying a further time to notify the town & to know 
their oppinion &c. Ordered that the aftair of the s*^ petition be 
suspended til the first Tuesday in September next and that the s*^ 
town be notifyed accordingly & shew cause if any they haA^e why 
the prayer of the said petition should not be granted. 



1751.] RECOKDS OF THE COUNCIL. 13 

At a Council holden at Portsmouth on Tuesday September the 
3<i 1751. 

Present 
His Excelency Benning Wentwoilh Esq. Governouv 
Henry Sherburne ^ John Downing^ 

Theodore Atkinson vEsqs. Sam" Smith [-Esqs. of his 
Rich'^ Wibird ) Samp. Sheaffe j Maj'-^-^ Council. 

Applycation being made to this Board by Sr. William Pepperell, 
Bar' that he had a copy of an Act of Assembly of this Province 
attested by Richard Waldron Esq. the former Secretary and all of 
[p. 69.] s'' Waldron's own writing, the original he supposes was 
burnt when the said Waldron's house was burnt he not being able 
to find it & therefore ])rays that his Excelency Avith advice of 
Council would l)e i)leased to permit the Secretary to enter the same 
upon the records of this Province and it appearing to the Board 
that the s*^ coi)y is in the hand writeing of Richard Waldron Y.sq. 
the former Sec^ and attested as a true copy by liim — 'Tis ordered 
that the Secretary enter the same upon the proper records together 
with this minit of Council & to certify the same to be a copy of a 
copy. 



At a Council holden at Portsmouth by his P]xcelencys Sumons 
on Wednesday Sei)tember 25"^ 1751. 

Present 
His Excelency Benning Wentworth Escj. Governour. 
Henry Sherburne 1 Sam" Smith ") Escjs 

Ellis Huske I Fs s John Downing ^- of the 

Theodore Atkinson [ ^^^' Sampson Sheaffe j Council 

Rich*! Wibird J 

His Excelency & the Council took under consideration the alter- 
ation of the lines between the town of Saleni and the Parish of 
Windham agreeable to the votes of each of the places (as entered 
the 24"" Jan^' last) copys of which being produced before the Board 
& in order to the settling the said jdaces in peace it being agreea- 
ble to the votes afores*^ — Ordered that the line be altei"'d agreeable 
to the Plan & votes exliibited & that an Instrument be drawn up 
for the makeing the said alteration, and that his Excelency be de- 
sired to sign the same & cause the Province Seal to be affixed & 
[p. 70.] countersigned by the Secretary & this to be don on the 
back of the Charter for Salem (if it can conveniently be so don) 
or by a separate Instrument & recorded in the Sec-^'* books accord- 
ing to custom & that the town of Salem be ordered to produce the' 
Charter aforesaid in order to effect the affiiir abovesaid. 



14 PROVINCE OF NEW-HAMPSHIRE. [1751. 

Post Meridiem 

His Excelency tlie Governor acquainted the Board that he this 
day was informed a discovery was lately made of a number of 
counterfeit Bills in imitation of the true Bills of Credit of this 
Province and that his Maj'^'^ Superio^^r Court of Judicature now 
setting had issued process against sundry persons suspected to be 
guilty of makeing or passing the s'' Bills, and then informed the 
Council he had sent for & talked with the Kings Attorney on this 
affair and asked him if there was any thing jjy ])roclamatio)i or 
otherways that he with the advice of Council could do that would 
probably be of service in detecting the persons concerned in the 
said counterfetts, that the Kings attorney told him he did not at 
present see that any proclamation Avas necessary for the pur- 
sons were already under a process but that if any new discovery 
should be made or any further evidence should be wanting on 
tryal, a Proclamation might be requisite which he would give 
timely notice of to his Excelency. Then his Excelency asked the 
Council what they Avould advise to, who answered they advised his 
Excelency to issue any such Proclamation as may be of service so 
far as to promise therein that any person or j^ersons who would 
[p. 71.] voluntarily inform against any person or persons concerned 
so as that they may be convicted they should be liberated from any 
punislmient for being concerned &c. 



Prov. of New Hamp"" 

At a Council holden at Portsmouth according to his Excelencys 
Sunions on Tuesday October the 15"" 1751. 

Present, 
His Excelency Benning Went worth Esq. Governour 
Ellis Huske 1 Sam- Smith )„ 

His Excelency laid before the Board a petition of Thomas 
Sheapard & others inhabitants of this Province praying for a 
grant of his Maj''^^ lands of the contents of six miles square lying 
on Pemidgwasset river on the east side thereof as surveyed and 
]ilanned by Sam^ Lane surveyor whose plan was also laid before 
the Board & the land petition'd for being No (1) in the said plan 
lying on the east side of said river, and then asked the council 
weither they would advise to such a grant ; to which the Council 
did advise and consent. 

His Excelency also laid before the Board the petition of An- 
drew Oliver Esq & others of Boston in the Massachusetts Bay praying 
for a grant of his Majesties land of the contents of six miles square 



1752.] RECORDS OF THE COUNCIL. 15 

bordring on the Liue between the Provinces of New Ilani]*'' & the 
3Iassaehusetts Bay and. lying between Connecticut & lludsons 
rivers adjoyning on the west side of the town of Halifax, tfec. 
[}'. 72] and then asked the Council weither they would advise to 
tlie said sri'ant to wliich the Council did advise & consent. 



At a Council h(»lden at Portsmouth according to liis Excelencys 
.Summons Feb^ the 10"' 1752 

Present 
His Excelency Benning Wentworth Esq. Governour 
Henry Sherburne ^ Richard Wibird) 

Ellis Huske |:-Esqs Sam' Smith j Esqs 

Theodore Atkinson ) 
The Secretary by his P]xcelencys order laid before the Board 
three i)etitions from sundry ]iersons ])raying for three separate 
Townshij)s of his Maj'-^'" lands lying on tlie east side of Con- 
necticut river beginning at the north side of a tract of land called 
Winchester and extending up the river to the northward so as to 
joyn to No. (4) so called and east to the land called the Asliuelotts 
as far as they (the Ashuelotts) go to the northward (viz.) TItat 
the first or most southerly townshi]) called No. (1) in tlie Plan 
exhibited may be allotted to the petition signed Elias.Vlexander, John 
Brooks and others : That the townshij) adjoyning northerly on 
No. (1) tfc marked No. (2) in the s'' })lan be granted on the }»etition 
of Elias Hubbard, Tho" Chamberlain and otliers, and tliat the 
township marked No. (3) on the said ])lan and a<ljoyning No. (4) 
may be granted to the i)etition signed Benj" Bellows, Ebenezer 
Harris & others — all which petitions ifc Plans being perused by 
the Council, the Secretary by his Excelency's order put it to the 
Council weither they would consent to the granting the said 
[^^ 73] respective tracts of land to the Petitioners Avith such 
others as should be tho't proj)er to be entred as Associates — to 
which the Council did advise and consent. 

His Excelency then asked the Council weither they would advise 
to the appointing a Publick Fast to be held and kept thro' out this 
Province on the 10"' ot March next to which the Council did 
advise & consent. 



At a Council holden at Portsm" according to liis Excelencys 
Sumons on Tuesday March 24"" 1752. 

Present 
Ellis Huske 
Theodore Atkinson 
Richard Wibird — Esqs. 



16 PROVINCE OF NEW-HAMPSHIRE. [1752. 

The Sec^ acquainted the Council that his Excelency the Gov- 
ern'' Avas just informed that a vessel Avas come into this harbour 
from Boston Benj" Randell master on board of Avhich vessell there 
Avere many passengers — that as the Small Pox Avas A'ery rife at 
Boston as Avell as many other places from A\'hence A^essells Avere 
dayly expected — and then asked the Councill Avhat method they 
Avould advise to in order to prevent the said distemper from being 
bro't into this gOA'ernm' & particular Avhat orders he should give 
the s* A'essel from Boston in particular — To Avhich the Council 
did adA'ise that his Excelency give orders'that all A^essells indls- 
criniitiately that shall come into this port be ordered & obliedged 
to anchor in some place Avhere there Avill be no danger of comu- 
nicating the said distemper & that suitable persons be appointed 
to visit every vessell before any other person is admitted to go on 
board or any mariner sailor or passenger come on shore, and that 
[p. 74] the charge of such visit of encpiiry be paid by the master 
or OAvner of each Acssell before she shall be admitted to an entry 
or have leave to unlade or to unmoor or get under sail again & 
Avith respect to Randell the A'essell aboA'e mentioned from Boston — 
Ordered that his Excelency be desired to order such a A^sit a& 
above be made before any thing be landed from on board her. 



At a Council & General Assembly holden at Portsm° by his; 
Excelencys Sumons on Thursday March 26, 1752. 

Present 

Ellis Huske \ Richi Wibird \ ^^^ ^ 

Theodore Atkinson j John Downing j ^^' 

of the Council. 

The Sec-y laid before the Board his Excelencys letter of yester- 
days & tills days date relateing to their proi)Osing some order to 
prevent the spreading of tlie Small Pox or it being bro't into this 
Province either by sea or land. 

In consideration of Avhich the Council came to the folloAving re- 
solve viz. 

That at present they think the vote of Council of the 24"" Inst, 
Avith his Excelencys orders thereon if duely & punctually put in 
execution may be the means of preventing the spreading the s*^ 
distemper if bi'o't in by sea, an that in order to prcAcnt the said 
distemper being bro't in to the Province from Boston or other in • 
fected place by land 'tis ordred that not any i)erson not having 
heretofore had the small Pox be allowed to enter this Province by 
land comeing from Boston or other suspected place on any pretence 
Avhatever, the Comon Post and Publick Expresses excepted, & 
[i\ 75.] tlmt no person all he or she may have had the s*^ distem- 
per be alloAved to enter the Province further than the habitation 



1752.] BECOEDS OF THE COUNCIL. 1< 

of the first Justice of the Peace Avithin this Province before whom 
he is to take an oath that he has not been in any toAvn where the 
small Pox is or lately has been for four days then last })ast & that 
he has with him nor sort of goods (his wearing a])i)arell excepted) 
that can ])ossibly contain the infection cfe every Justice of the 
Peace is hereby directed to administer such oatli and give the 
person so swearing a certificate under his hand of his haveing tak- 
en such an oath & every person who hath not heretofoi-e had the 
small Pox that shall be found traveling from Boston or other sus- 
pected place to have the small Pox Avhich shall be determined by 
liis oath before a Justice of the Peace unless there should be rea- 
son to suspect his swearing falsely, — every such person found 
within this Province shall be imediately apprehended by any 
one of his Maj''"'* Ju.stices of tlie Peace or the Selectmen, constable, 
Tithingmen, or other officer within any town in this Province, 
and be directly by order of the next Justice of the Peace [sent] 
back to the place whence he she or they came — & if any such ])er- 
son shall be detected in attempting to come into the Province a 
i^econd time such person shall be by order from any Justice of the 
Peace imediately sent to the Pest House in Portsm" tliere to re- 
main till furtlier orders of the (lovernour & Council, and tliat his 
Excelency be desired to issue a Proclamation hereon cfc cause the 
same to be put up in suitable })lacL's that ])ersons may not i)lead 
ignorance. 



[i>. 7G.] At a Council liolden at Portsm" by his Excelencys 
■Sumons on Tuesday April 21 1752 

Present 
Henry Sherburne l^^^. ^ Kich'^ Wibird Iesos 

Theodore Atkinson j ^^^' Sampson Sheaff'e j ^ ' 

The memorial of Mr. Sheriff Packer setting forth that Timothy 
Johnson comitted to the Province Goal for debt did on the 18"' 
inst. make a breach in the said Goal & made his escape, and that 
tlie Goal by means of tlie said breach and other defects is insutfi- 
■cient to keep any prisoners that shall be comitted, and prays the 
advisement of this Board : Which being read at the Board, Or 
dred, that Thomas Wibird, Esq. & Mr. Jeremiah Libby be a Com- 
mittee, and they are hereby desired to examine the said Goal ifc 
make a lleport at 4 o'clock this afternoon what repairs are neces 
,sary to be imediately done to make it sufficient to retain any 
prisoners that may be comitted there. 

4 o'clock r. M. 

Messrs Wibird & Libby the Comittee ai)pointed to visit the 
Goal this day made their report as on file, that it was absolutely 
necessary to have three new locks and the j^etitlGii between the 
loAver rooms lined with two inch oak plank well spiked. 



18 PROVINCE OF NEW-HAMPSHIRE. [1752, 

Upon wliicli report 'tis onlred, tliat the Sherriff l)e dirocted to 
get the said repairs faithfully don & the locks purchased and put 
on to the doors as soon as may be and lay the asc'* of the cost and 
oharece thereof before this Board. 



At a Council holden at Portsmouth on Monday Angust the 10"^ 
1752, By his Excelencys Sumons, 

Present 
[i*. 77.] His Excellency B. Wentworth Esq. Governour. 

Henry Sherburne ) u- i, t -htm- ii 

rp, '\ A , 1 • f XT Kichard W ibird ^j, 

1 heodore Atkinson VEsqs. t i i-» • >- Esqs. 

Ellis Huske j J^''^^ Downmg ; 

His Excellency lade his Maj''" Instructions to him before the 
board and ordered a minute to be made in the Council books viz. 
the following is that clause of his Maj"^'* first Instruction to Gov 
ernour Wentworth which relates to the order & peace of his Maj'"-'* 
Council for this Province as it stands in the said Instruction Viz. 
"Tlie members of his Majesties Council in that Province Viz — 
Shadrach Walton, George Jaffrey, Jotham Odiorne, Henry Sher- 
burne, Richard Waldron, Theodore Atkinson, Joshua Pierce, 
Josej)!! Sherburne, Ellis Husk e, Kichard Wibird Samuel Smith John 
Downing Esqs," which by liis Excelencys orders was entred ac- 
cordingly. 

His Excellency acquainted the Council that his ill state of 
health had hitherto prevented his asking the Councils advice in 
calling a new assemV)ly but that he Avas now in hopes of being able 
to attend his Maj'''' service in General Assembly — Asked the 
Council weither they could advise him to issue a Precept for the 
calling an Assembly as soon as conveniently might be, to M'hich 
the Council did advise and consent unanimously. 



At a Council holden at Portsm" on Thursday Nov: 2^ 1752. 

Present. 
His Excelency Benning Wentworth Esq Governor. 
Henry Sherburne ) Samuel Smith ^ 

Theodore Atkinson vEsqs. John Downing vP^sqs. 

Rich'^ Wibird } Sampson Sheaffe ) 

[i*. 78.] The petition of John Halburt Josiah Willard & about 
58 others }n'aying for a grant of a Townshij) of his Maj'"'^ lands ly- 
ing on the west side of Connecticut river (heretofore granted to 
the Petitioners by the Massachnsetta Governm' tt known by the 
name of No. (1) or Tauntontown, (1) but since the running of the 

(n Now Wcstminpter, Vt.— Eu. 



1752.] RECORDS OF THE COUNCIL. 11> 

divisional line between the Provinces tlie said lands fall Avitliin this 
Province) upon the conditions that his Excelency Avith advice of 
his Majesties Council grants to other his Majesties subjects : 
u]ion which the question was by his Excelencys order ])ut to the 
Council weither they would advise him to make a grant to the s"* 
Petitioners agreeal>le to the s'^ Petition to which the Council did 
advise with an aditioual number to be added to the subscribers of 
the said petition. 



At a Council holden at Portsm" on Monday Deceml/ 4"' 1752. 

Present. 
His Excelency BeuTiing AVentworth Esq. Governour. 
Theodore Atkinson ") Sam" Solly ) „ 

Rich'i Wil)ird IEsos. Sampson Sheaffe j ^^'i'"" 

John Downing ) 

His Excelency ac(piaiuted the Board that u|)on the JMeiiiorial of 
Ca])t William Symes lie had some tlio"ts of attem})ting a settle- 
ment at Co-OS as the same if effected would in so many ways great 
ly tend to the advantage of this Province and asked tlie CV)uncil 
weither as they had been well acquainted with the circumstances 
of that affair tl'.ey would advise to the granting four townshij)3 of 
the contents of six miles square each to and amongst four hundrc<l 
[r. 97.] men as soon as so many are ready to enter and^make settle- 
ment at the aforesaid place called Co-os to Avhich the Cormcil did 
unanimously consent and advise (1) 

At a Council & General Assembly holden at Portsmouth by his 
Excellencys Sumons on Tuestlay Decemlicr 21 1752. 

Present. 
His Excelency Penning Wcntworth Esq. Governoiir 
Henry Sherburne ) Richard Wibird ^ 

Theodore Atkinson V Esqrs John Downing vEs<p-s 
Ellis Huske ) Sam" Solly. ^' j 

His Excelency directed the Secretary to read at the Board the 
following petitions for grants of sundry tracts of land agreeable to 
his Maj"''^ Instructions — viz. 

A Petition signed by William Lawrence & Tho^ Read & alii. 
A Petition signed by Josiah Converse Seth Blodgett et alii. 
A Petition signed of Zedekiah Drury Sampson Stoddard et alii. 
A Petition signed & preferred by Capt William Symmes — 
And then directed the Secretary to put the question to the- 
Council weither they would advise him^to make out charters to the 
respective petitioners or to such as may be adcd tlie first of the- 

(1) See documents in Journal of the House relutivc to the abovesaid matter.— Ei>. 



20 PROVINCE OF NEW-HAMPSHIRE. [1753. 

said towns to lye adjacent to the u]jper Ashuelot so called ct east 
of Wallpolc to the petition of W" Lawrence Thomas Reed & 
others & the other three to the nortli Avard of this tract agreeable 
to the petitions, — to all which the Council did unanimously con- 
sent & advise — 

His Excellency then laid the petition of Sanrael Wentworth, 
Palmer Goulding & alii praying for a tract of land on the west 

• side of Connecticiit river known by the name of No (2) (1) before 
i£i'. 80] the Council and asked weither they would advise him to 

make out a charter lor these lands to which they did unanimously 
consent and advise — 

His Excellency laid before the Board the following petitions 

• and asked the Councils advice thereon viz. 

The petition signed by Elias Alexander &, 50 others. Also the 
.petition signed Thomas Tayler & 59 others also the petition 
signed Sam" Ashley ct 59 others. Also the petition signed John 
Bissell tfc 59 others Each praying for a tract of land of the con- 
tents of six miles square and weither they would advise him to 
-make a grant of the said tracts agreeable to said petitions to 
'wliich the Council did unanimously consent & advise — 



At a Council holden at Portsm" Jan^' tlie fourth being Thursday 
1753 by his Excelencys summons. 

Present. 
Henry Siierburne ) -n> Pticliard Wibird ") ^ 

Tlieodore Atkinson | ^''1''" Sam" Solley | ^^'^' " 

The Secretary by his Excelencys order laid before the Council 
ra letter from Mr Secretary Willard to his Excelency dated at Bos- 
ton the first Inst, enclosing 2 others one from Killingsly of the 
28"^ ult from W™ Chandler Esq giving an ace' of some counterfit 
Bills in imitation of the genuine Bills of this Province and that 
^one John George had uttered the said Bills &" and acquainted the 
Council that his Excelency desired the Council would advise what 
was pro])er to be done in the Premises. 

To which the Council did advise — 

That in as much as the said John George referred to in the 
afore said letters had been suspected to have been concerned in 
[f. 81] i)assing of such counterfit Bills in tlie tov>'n of Hampton in 
this Province & process being issued against him therefor they tho't 
it adviseable to suspend the affair till enquiry be made into the cir- 
cumstances of that procedure before any other ste})S could be 
taken. 

(1) Now Eockingham, Vt.— Ed. 



1753.] RECOKUS OF THE COUNCIL. 21 

At a Council liolden at Portsmouth })y liis Exceleneys orders on 
Wednesday April 11"^ 1753. 

Present- 
Theodore Atkinson) -g.g Samuel Solley X^^^ 
Richard Wibird ) ^ Daniel Wai-ner ) ' ^ 

Tlie Secretary by his Exceleneys order laid before the I^oard the 
petition of Benj'^ Bellows in behalf of & as impower'd by the 
clainiers & settlers of that tract of land called & known by the- 
name of the upper Ashuelot praying that as they had settled the 
said tract of land by virtue of a grant from the Massachusetts Gov- 
ernm* before the line of Governm' was run and continuetl 
there till drove of by the Indian War etc and that a grant may be 
made so as not to break in u[)()n their former surveys & laying 
out but to those i»ersons that claim the same & have nuule im- 
])rovements thereon &'^ and then asked the Council wheither 
they would advise his Excelency to make the said grant agreeable 
to the said recpiest — To Avhich they did mianiniously con.^ent & 
advise. 

The Secretary also laid before tin- l^iard the petition of John- 
Ilazzeltine Esq for himself & in behalf of about sixty others 
praying for a grant ot a tract of his Maj'"^^" lands -westward of Con- 
necticut river of the Contents of six miles square under the lents. 
& reservation & duties &*= directed to in his Maj*''" Instructions, 
[r. 82] and by his Exceleneys order asked the Councils advice^ 
thereon. To wliich the Council did advise & consent — 

The Secretary laid before the Council the jielition of Abner 
Sawyer and about sixty others ]»raying a gra:it of his ]\Iaj'"'* unap- 
]»roi)riated lands lying to the westward of Connecticut river for a 
Townshij) of six miles scpiare ui)on the conditions directed to in 
his Ma]'''"' Instructions — and asked the Council weither they 
would advise his Excelency to make sucli a grant. To vvhich they 
did advise & consent. 



At a Council ct General Assembly liolden at Portsmouth on 
Monday July the 2'^ 1753. 

Present — 
His Excelency Benning Wentworth Esq Goveniour. 
Tlicodore Atkinson ^ Sam'' Solley "> 

Ivich'' Wibiid |- Esqrs Daniel Warner ^- Esqs 

John Downing ) Sampson Sheaffe} 

His Excelency laid befoi-e the Board the petitioii of Ebenezer 
Hinsdale Esq in behalf of himself & sundry persons inhabiting at 
a place called Northfield lying on the north of the dividing line of 
the Province of New Hamp' & the ilassachusetts Bay pi-aying 



!22 PEOVINCE OF KEW-HAMrSIIIRE. [175o. 

that the Petitioners &" may be incorporated & invested with town 
priviledge.s &" & in case such a cliaiter is inconsistent with his 
^/[gjties Instructions tliat t'nen the said tract Avith an adition of his 
Maj''" unappropriated hands adjacent thereto may be granted to 
the Petitioners &" agreeable to his Maj'"''* s'^ Instructions. Which 
■petition was read and also at the same time a letter signed by the 
.Selectmen of that part of Noithtieid aforesaid that lyes in the 
Massachusetts Government on the South side of the said dividing 
i[p. 83] line setting forth that they w^ere informed that sundry 
persons were designing to ])ctition for the above said lands lying 
on the north of the s'^ dividing Line in which they were also inter- 
ested and praying they may be allowed time to petition for the 
said lands &'^ Wliich the Council took under consideration & 
passed the following resolve (viz.) 

That Ids Excellency be desired to suspend the making any 
grant of the premises for two months and that the inhabitants of 
Northtield that live on the south side of the divideing Line & in 
the ]\Lassachusetts Govermnent be advised of this resolve by a let- 
ter from the Sec''^' that they may if they see cause petition for the 
said lands, & that if they do not that then & in such case his Ex- 
<:;eiency be desired to make out charters for the same agreeable to 
the above mentioned petition of the inhabitants on the north side 
of the said dividing Line. 

Tiie ly^tition of Josiah Wiilard Esq lor himself & in behalf of 
the settlers & claimers of a tract of land liounding partly on the 
province Line partly on Noithtieid so called & partly on Connec 
ticut river called by the name of Winchester as the same was 
granted by the Massachu.^etts Government — pi-aying lor a gr:int 
ol the G*^ tract or Township agreeable to their former surveys 
divisions tt partitions &'' which being read at the Board his Ex- 
celency put the question to the Council weither they would advise 
him to make a charter agreeable to the petition to which the 
Council did consent & advise. 

[p. 84] The petition of Coll Williams Symes in behalf of the 
settlei-s tfc claimers of a tract of land knoAvn by the name of the 
Lovrer Ashuelot as the same was granted by the Province of the 
Mas-sachnsetts praying for a grant of the Premises to be so made 
that it might not subvert their former possessions survej^s & 
divisions ife*" was read at the Board & his Excellency pat the ques- 
tion to the Council Weither they would advise him to make a char 
ter agreeable to the above proposal to which the Council did con- 
sent & advise. 

The petition of Phineas Stevens Esq in behalf of liimself & the 
claimers & settlers of a tract of land on Connecticut river known 
by the name of Number Eour (1) setting forth that the said tract of 
land was heretofore granted to theiji by the Mass" Govermnent in 
pursuance of which they had divided the same and made great 
improvements thereon & praying they might have a grant of the 

(I) NowCharlestowu, N. II.— Ed. 



17r,3.] IIECOKDS OF THE COUNCIL. 23 

premises in such a manner as to confirm them in their several di - 
visions &" Avhich was read at the Council Board & the question 
being- put weither they Avould advise his Excelency to make out a 
charter agreeable thereto & it passed in the affirmative unani- 
mouslv. 



At a Council holden at Portsm" on Saturday September 1'' 1753. 

Present. 

Ilis Excelency 1>. ^Ventwojlh Esq. Gov"". 

Henry Sherburne ^ John Downing '^ 

Theodore Atkinson '- Esqrs Samjison Sheaffe V Esqrs 

liichMVibird ) DanienVarner j 

[r. 85.] A petition of the settlers & Claimers of land in the 

north ])art of Northlield so called who live on the south side of 

the Province Line, and also the i)etition of Ebenez"" Hinsdale in 

behalf of himself *fc others claimers of Land in said Nortlifield who 

live on the north side of the said dividing Line as entred the 2'^ 

day of July last praying for a grant of the said tract of land lying 

on the North side of the s'^ dividing Line agreeable to his jNIaj'"" 

Instructions &" both Avhich was read at the Board as Avas also the 

kings attorney & Solicitors oppinion relateing to these sort of 

grants &" and then Ids Excellency asked the Council weither they 

Avould advise him to make out charters of grant for the same in 

such a manner that the present settlers & claimers maybe invested 

in their rightjt; as they imagined they lield the same before the 

running the said Pi'ovince Line — to wliich tlie Council did advise 

and consent as also that a strij) of tlie kings Land shouhl bo a<lded 

on the west side of Comiecticut river so as to include the farms of 

Sarsrent & Sautle so called — 



At a Council holden at Portsm" on "Wednesday September 5"' 

I IDii. 

Present 
His Excelency Penning Wentworth Esq Governour — 
Henry Sherbui-ne ^ Sam" Smith '\ 

Theodore Atkinson. -Esqs. Sampson Sheaffe |-Esqs. 

Pvich'i Wibird ) Daniel Warner ) 

Ul)on reading the petition of Ebenez"" Hinsdale Esq. praying to 
[i'. 80.] have an alteration made in tlie dividing Line between the 
towns ol Winchester & Hinsdale for the better accomodating the 
inhabitants of l)oth tow^ns Avith respect to the incorporation only 
agreeable to the charter of the said townes to Avhich the Council did 



24 PKOVINCE OF NEW-HAMPSHIKE. [17o3. 

agree & consent and advised his Excelency to grant a charter of 
Incorporation accordingly agreeable to a Plan exhibited to begin 
eighty rods easterly on the Province Line from Connecticut river 
& there to run north by the Needle — 



At a Council holden at Portsni" on Monday the 24"' of Decem- 
ber 1753 — 

Present. 
Theodore Atkinson j Samjison Sheaffe) -r-, 

Kich^'Wibird ^ Esqrs. Daniel Warner |-^^fps- 

Sam" Solly j 

The Secretary by his Excelencys order laid before the Board 
the several petitions of William Brattle Esq Josiah Willard Esq 
& the other persons claiming a tract of land lying on the west side 
of Connecticut river in this Province setting forth that they were 
purchassers under a grant of the Massachusetts of the said tract 
comonly called the equivalent lands but by the dividing Line of 
tlie Provinces tails within tliis Government — and praying to have 
the kings grant therefor under the conditions &'^ directed to in his 
Maj'^" Instructions And then agreeable to his Excelencys direc- 
tions asked the ('ouncil weither they would advise to the making- 
out a charter — to which the Council did advise with an aditional 
number of officers to be added to the Petitioners as Grantees — 

[p. 87.] The Secretary also laid before the Board by his Excel- 
encys orders the ])etition of Palmer Goulding it about fifty others 
])raying for a tract of his Maj'- " unjqtproprialed lands on the west 
side of (jonnecticut river and adjoyning thereon next above a 
township lately granted by the name of Pockingham — and then ask- 
ed the Councils advise to his Excelency thereon — Tlie Council took 
the same under consideration and advised the Governour not to 
grant the said land to the said jietitioners but advised thnt a grant 
should be made (if the petitioners desired the same) of a tract 
lying six miles westerly ot the tract ol land petitioned for. 



At a Council holden at Portsm" Feby 20, 1754 Wedner,day- 

Present. 
Theodore Atkinson ] Samuel Solly ) 

Rich'* Wibird { j. Sampson Sheafte ^Esqrs. 

Sam" Smith ( "^^'^''^ Dan" Warner ) 

John Downing J 

The Sec'' by his Excelencys order laid Ijefore the Council tlie 
petition of Palmer Goulding & others ])raying a grant of a tract of 



1754.] RECORDS OF THE COUNCIL. Jo 

his Majestys land that is yet uiiai)propriated neither a tract of six 
miles square to begin at the Northwest corner of Rockingham 
thence west six miles & to carry that breadth north ten degrees 
east six miles should be granted to the ]jetitioners agreeable to his 
3Iaj'^''' instructions & it passed in the affirmative &, the Governor 
desired to graTit a charter accordingly. 



[r. 88.] At a Council holden at Portsm" by his Exeelencys 
sumons on Wednesday March the 13"' 1754. 

Present. 
Theod"" Atkinson j Sam])Sou Shcaffe) t^ .^ 

Kich'^Wibird V Esqrs Dan" Warner l^^^i^- 

Sam'i Solly f 

The Secretary laid before the Board his Exeelencys letter of 
this day relative to a stagnation of affairs now before the Su|ierior 
Court for want of a Quorum of the Justices — and a doubt aiising 
in wliich particular his Excelency required tlie advice of Council 
therefore ordered that the Secretary write to his Excelency to 
accpiaint him thereof &'^ and to a-^snre him of the Councils ready- 
ness in every thing in their ]»ower to advise in this or any otlier 
affair for his Maj'^" service. 

The Council adjourned till to-morrow 9 o'clock A. M. 
The Council met accordingly & being nothing before them ailj'' 
sine die. 



At a Council holden a*- Portsm" by his Exeelencys sumons on- 
Thursday March the 21 1754. 

Present. 
His Excelency the Governoxxr. 
Theod'' Atkinson ) Sampson Sheaffe ) -p, 

Rich'^Wibird [-Esqs Daniel Warner j" ^^^^ 

John Downing ) 
His Excelency acquainted the Council that the high Sheriff of 
the Province had informed him that at two of the clock in the 
morning of this })resent day a number of persons to the amomit of 
one hundred or more made an attempt upon the Province Goal 
[r. 89.] with axes iron crows and broke open the doors of the prison 
and rescued the two jnisoners indicted for the murther of two In- 
dians said to be killed at or near Contoocook Viz — John alias Au 
thony Bowen & John Morrel & aided & assisted them tlie said 
Bowen & Morrell in their escape — Ills Excelency then desired the 
Council would advise what steps they tlio't necessary or proper to be 



'2G PROVINCE OF KEAV-HAMPSHIKE. [1754. 

taken in the aftair in order to tlie apprehending- the said Bowen 
or Morrell or either of theni & bringing- tlie persons who broke 
open tlie Goal as aforesaid or Avas aiding or assisting- in the said 
breach or rescous the Council apprehended that such a number of 
persons as M-ere supposed to be the authors of the rescotis must be 
many of them known & as it is suggested that some of them are 
known & may be brought to justice Avithout offring any reward — 
but with respect to the two Prisoners Bowen & Morrell that his 
Excellency be advised & desired to issue a Proclamation olfring a 
a reward of two hundred pounds old Ten'' to any i)erson or per- 
sons that shall ap])rehend the s*^ Bowen & the like sum of £200 
in old Ten"" to any ])erson or persons that shall a])prehend the s'^ 
Morrel & bring them or either of them to his Majestys Goal in 
Portsm" & all necessary charges in bringing the said prisoners or 
either of them to the said Goal — (1) 



At a Council holden at Portsmouth on Thursday May 15"' 
1754. 

Present. 
Ilis Excelency the Govcrnonr. 
[p. 90.] 

Henry Sherburne ] Saini)son Sheafie ) 

Theodore Atkinson ! j^ ^ Daniel Warner > Esqs 

Kich'^ Wil»ird j ^' ^' Joseph Newmarch ^ 

Jn" Downing J 

INIr Stei)hen Gerrish appearing- at this Board presented a petition 
of Phineas Steyens & eight others inhabitants at Contoocook set- 
ting forth that the Indians had began hostilities in that part & had 
•■captiyated a family and rifled the lioxise of another cfcc, & being- 
examined what he knew of the aftair says on Saturday the 11"' 
Inst he saw a lad son of Nathaniel Malloon who lived at a place 
called StevenstoAvn about five miles from Contoocook who informed 
him the declarent that his father & family were taken as he sup- 
posed by the Indians he having seen a number of Indians near his 
fathers house Avhich occasioned him the s'' lad to run into the woods 
by which he esca})ed upon which re})ort the said Gerrish & sundry 
others Avent immediately to the house where they found the feath- 
er beds emptied upon the floor & the tickins carryed oft' — Most of 
the meal that Avas in the house cariyd oft". They tracked the In- 
dians some Avay from the house — that the family consisting of the 
man his Avife & three children Avere all gon oft' and by the said 
signs he imagined Avere all carryed into captivity. The petitioners 
therefore prayed some speedy succours to guard & defend tliem 
tt to prevent if ])0ssible further depredations — upon Avhich peti- 

\(l) See more on t'.iis afl'air iii .Tounial of tlie House, of correspondent date. — Eu. 



1754.] RECORDS OF THE COUNCIL. 2t 

tion & information his Exceleney a.sked tlie Council wliat they 
Avould advise to in the Premises. The Council considering there- 
of did advise liis Exceleney to give the necessary orders for inlist- 
ing or im|)ressing twenty effective men to be immediately sent to 
j~i'. 91.] Contoocook, Canterbury & Stevenstown to be destined as 
his Exceleney shall think most advantageous for guarding the in- 
habitants in these })arts for one month. 

His Exceleney lade before the Board his Maj'-"' Mandate directing 
liim to swear & admit Jose})h Newmarch Esq to be of his Maj*^^ 
Council in tliis Pro\'ince which was read at the Board & the sai<l 
Newmarch took the usual oath as required as also the oath of of 
fice. 



At a Council holden at Portsmouth by his Excelencys Sumons 
on Sunday August the 18"' 1754. 

Present. 

Henry Sherburne ) T7. IMch' Wibird ) -l-., 

Theod^ Atkinson j ^'^l^' Dan" AVarner j ^^^'l^" 

The Secretary laid before the Board his Excelencys letter of 
this day giving an ace' he had rec'^ of some miscliiefs being done by 
the Indians at a ])laee called Stevens Town on the frontiers of this 
Government & directed to the taking the particulars for further 
information from Andrew McClary who bro't tlie advice to his 
Exceleney. 

The said An(b'ew being examined declare*! that Eph'" Foster & 
Eph™ Moor a^^quainted the declarent that they were at Stevens- 
town the day after the mischief was done by the Indians & found 
the body of JMrs Call lying dead (near the door her house) scal})e(l 
& her liead all most cut off & upon fui'ther search found the body 
of a man whose name M'as Cook dead &; scalped that the Indians 
Avere supposed to be about tliirty in number according to tlie ace' 
of eight men that upon hearing the news Avent immediately from 
{]r. 92.] Contoocook to Stevens Town & in their way passed by tlie 
enemy who soon followed tliem & seeing the Indians too many in 
number to engage they parted & endeavoured to escape one of the 
■company one Bishop stood some time and fired at the Indians Init 
was soon obliedged to run. Cook Avas found dead by tiie rivers 
iside Bishop supposed to be killed & sunk in the river he being 
still missing. That there were two men belonging to the said 
plantation at a distance working in a meadow that as yet were not 
come in & twas feared had fallen into the eneinies hands that as 
the declarent understood all the inhabitants consisting of about 
eight families Avere come down into the lower towns tt had left 
their improvements corn hey cattle t&- — 

Upon which the Council came to the fulloAving resolve, viz. 



28 PKOVINCE OF NEW-HAMPSHIEE. [1754. 

That his Excclency be desired to ij^ive iiniiiediate orders for enlist- 
ing or impressing sueli a nunibei" of men as he ))iay think proper 
in tliis emergency & dispose of the same to enconrage the settlers 
to return to their liabitations & to secure their cattle ct harvest 
& to encourage the other frontiers in that quarter — 

At a Council holden at Portsni" according to his Excelencys 
Sumons on Thursday Septeni'" 3*^ 1754. 

Present. 
Il'^nry Siiei-buriie \ Sam])son Slieaffe ") 

Theod'" Atkinson |.-Esqs. Daniel Warner vEsqs. 

Rich'^ Wibird ) Josejdi Newmarch } 

The Sec'^ by liis Excelencys order laid before the Council Sun- 
dry Letters he this day rec*^ from the Western frontiers on Con- 
necticut river giving an ace' of a large body of Indians coming 
[p. 93.] cross the Lake and that they had don great damage at 
Hoosuck on the north part of the Massachusetts and had killed & 
captivated sundry persons thereabouts had burnt many houses — 
That another party liad been at Charlestown on Connecticut river 
in this Province and had cai)tivated the families of James Johnson 
*fc plundered his house. And then acquainted the Council that his 
Excelency desired they would give him their advice in & about 
the })remises (1). The Council taking the premises under consid- 
eration and finding there was no money in the Ti-easury but what 
by act of Assembly is ai)propriated to particular ])ur])oses anil 
with out money for soldiers subsistancc they cant be impressed 
therefore recomend to his Excelencys consideration weither under 
the present difficulties it may not be proper to call the members of 
Assembly together that his Excelency may have their advice & 
assistance in providing the necessary aid for the security of the s*^ 
frontiers. 



At a Council holden at Portsni" on Saturday Feb^ 15'*' 17o5_ 

Present 
His Excelency th.e Governor. 
Theodore Atkinson 1^ -p , ^ Sampson Sheaffe) -^^ 

Jn'' Downing j ^ ^''' Daniel Warner, f '' ^^' 

The Secry by his Excelencys order made a representation to the 
Council of the affair now before the Superior Court of Judicature 
in relation to their })rocedure aga''' sundry persons apprehended for 
counterfiting or passing counterfeit Bills of Credit in imitation of 
[r. 94.] the^true Bills &". And also laid before the Council his 
Excelencys letter of this day on that afiair. 

And also the vote of Assembly concurrd the 24"' Jan^' last di- 
recting all proper officers to use their endeavours to finde out tt'= 

(1) See said letters in Journal of the House.— E.D.. 



1755.] RECORDS OF THE COUNCIL. 29 

any i)ersoii or persons that may liave a liantl in the said affair and 
for paying the charge & expenca tliereof out of the Treasury. 
All Avhich being laid before the Board the Council Avas asked what 
advice they would give his Excelency with respect to his draft on 
the Treasury. 

To Avhich they did advise tliat his Excelency be directed to 
grant his Warrant on the Treasury for such sums from time to 
time as the Judges of the Su2)erior aforesaid should certify in their 
oppinion was iiecessary for the support of evidences, charges of 
expresses & officers exjiences &'^ which the Council at)prehend to 
he the design & intent of said vote of Assembly. 



At a Council holden at Portsin" by liis Excelencys su'.uons on 
Wednesday Feby 26, 17o5. 

Present 

His Excelency the Governor. 

Theod' Atkinson — Daniel Warner Esqs. 

His Excelency made a sj)eecli to the Council in the words fol- 
lowing, viz — In order to dislodge the subjects of tlie French King 
wlio have errected forts within the limits of liis Maj"''* dominions 
in North America & comitted oi)en acts of hostilities the King lias 
ordered two regiments to be sent to America and two others to be 
raised within any of his Provinces on the Continent and as it may 
[v. 95.] be probable some of the Trading peo})le of this Govern- 
ment may for the sake of gain carry i)rovisions & warlike stores 
to some of the French settlemen''* unless there is some ])rohibition 
laid on the exportation thereof in this j)ort which may be of great 
])rejudice to his Majesty's service \i\)on this point I desire his Maj'-* ' 
Oouncil to advise to some measures that may eftectually prevent 
such supjjlys being ship'd off from this Governm' for tiie sui)i>ly- 
ing of any of the French Kings Colonies or subjects. 

Upon which the Council did advise that his Excelency give or- 
-<lers to the several officers that no vessell be admitted to clear out 
of any port within this Province on board of which any sorte oi 
provisions or warlike stores were laden more than shall be- neces- 
i>ary for the crew & passengers (which (pumtity to be ascertained 
!>y the oath of the master) until the Master shall have given bonds 
with suretys to his Maj*^' in the sum of live hundred pounds ster- 
ling the said bond to be taken by the Sec>' & lodged in his office 
vv'ith condition that any such j)rovisions or warlike stores shall be 
bona tide landed in some of his Maj'^'^ dominions & I'eturn a cer- 
tiiicate of their being so landed irom the Custom House Naval 
otHcer or other projier officer in the })ort where such goods shall be 
so landed. 



30 PROVINCE OF NEW-HAMPSHIRE. [1755.. 

At a Council lioluen at Portsm" by liis Excelencys siuuous on 
Thursday June 5"' 1755. 

Present. 
His ExcelencY tlie Governonv 
Theodore Atkinson") Sampson Sheafte (-p,^ 

Rich'^ Wibird > Esqs. Joseph Ne\\nnarcli ^ ''^^ 

Jn° Downing ) 

[p. 96.] His Excelency laid before the Board a letter he rec*^ 
from Goveruour Shirley dated Boston 29"' of May 1755 also an 
extract of a letter from Maj'' Gen" Johnson to Gov. Shirley dated the 
16* of May 1755 — also two other exti'acts one from Maj'' Gen'' 
Johnson <lated the 3'^ 16"' of May the other cnit of a letter from 
Mr. Alexander dated the 18"' INIay both to Govern"- Sliirley. (1) 

Also a lisi of particulars from Gen" Johnson respecting several 
officers necessary to be appointed for the expedition to Crown 
Point. All Avhich letters ifc paragraphs contained several articles 
relating to the Crown Point Expedition. 

Then his Excelency asked the Council what they advise him to 
do with resi)ect to the contents of the said letters & papers. Up- 
on which the Council did advise That his Excelency sumon the 
Members of Assembly as soon as consistent with his Excelencys 
pleasure and that he M^ould lay the several ])a]»ers matters tfc 
things before them for their deliberation the most of which to carry 
into execution will requii'e grants of money which cannot be made 
but in conjunction with the Assembly. 

His Excelency ordered that sumons imediately issue to the sev 
cral membei-s to meet at Portsm" on Monday tlie 9"' of June at 10' 
o'clock before noon. 



At a Council holden at Portsm" l)y his Excelencys sumons on; 
Tuesday the 6"' day of August 1755 

Present 
[p. 97.] His Excelency the Goveruour. 

Theodore Atkinson \ -^ Jn" Downing ) y 

Richard Wibird S ^' Daniel Warner \ ^' ^' ' 

His Excelency laid before the Board several letters giving an 
aec* of the defeat of his Maj"''^ Troops under the conimand of 
General Braddock & also letters from Lent Goveruour Delancy tt 
Leu' Govern"' Phi)»s on that affair wherein is mentioned Avether 
twill not be ex])edient for the several ])rovinces to raise a larger- 
number of men &" as a reinforcement to Gen" Johnson — And 
asked his Maj"'^'* Council what steps they advised him to take in 
and about the Premises — to which the Council answered that mu 

(1) See said letters in Journal of ihe House.— Ed. 



1755.] RECORDS OF THE COUNCIL. 31. 

liis Excelency had not received an aec' of any particidar stejis 
lately taken by tlie other Governments in these attairs they could 
not advise his Excelency at |)resent to attempt the raisins? of any 
more men than what is already employed in the expedition to 
Crown Point our numbers there already vastly exceeding the 
proportion this Province in reason ought to raise and therefore 
advised his Excelency to wait the result of the other Governments 
deliberations. 



At a Council holden at Portsmouth by his Excelencys sunions 
on Payday August the 8"* 1755 — 

Present — 
His Excelency the Gov^ 
Theodore Atkinsoji ^ Sampson Sheaffe '^ 

llich'^ ^Vil)ird I Esqrs Dan'' Warner V Esc^rs. 

John Downing ) Joseph Newmarch ) 

His Excelency laid l)efore the Board sundry letters enclosed him 
by Coll Elanchard viz — one from ^laj'' Bellows of Wali)ole one 
from Coll Hinsdale & sundry ])crsons of Hinsdale & one signed 
[p. 98] by several inhabitants of Cliarlestown setting forth the dith- 
culties the people in those parts were in by reason of the dayly incur- 
sions of the Indians killing S: captivating ct" killing their cattle 
tfe*= and then acquainted that he had ordered 40 of the seventy men 
granted the last sessions to the supj)ort of Connecticut aiul then 
asked the Council what they Avould advise him to do in the j^res- 
ent emergency — The Council took the same under consideration 
and advised his Excelency to raise twenty live men & order them 
to joyn those he had already posted on Comiecticut river in order 
to assist the settlers in that part from Cliarlestown to the Province 
Line. 



At a Council holden by his Excelencys sumons at Portsni" 3Iay' 
20"^ 1756. 

Present 
His Excelency the Governour. 
Theod' Atkinson "] Sampson Sheaife ) 

Rich-i Wibird [ -^^^ ^.^ Daniel Warner V Esqrs. 

Jn" Downing ( ' ' '^ Joseph Newmarch ) 

Sam" Solley J 

His Excelency laid before the Board a letter from Sec/^ Willard' 
l)y order of the Lieut Governom- of the Mass" dated the 18"' Inst 
enclosing the interogation of one Thomas Ilowe taken at Boston 
the 18"' Inst touching a f^ronch fleet of nien-of-War — being ouj 



32 PROVINCE OF NEW-HAMPSHIRE. [175G. 

the Grand Bank — that the declarent Avas hailed by a 74 gun ship 
who enquired of him what ships of War was at Boston tfe at Hal- 
ifax ttc. In the said letter was also enclosed an act })assed in the 
Prov^ of the Mass^ Bay enabling the officers in the Crown Point 
[p. 99] expedition to hold regimental and Gen'^ Court Marshalls & 
directing a method for the same. 

His Excelency then asked the Council what y'^ Council advise 
him to do with respect to Fort W" & Mary wether they tho't it 
expedient to have an additional number of men posted there that 
jn case any of the French Ships should make an attempt on this 
Province that said Fort might be in a posture to make resistance 
to Avhich they did advise that his Excelency send ten men more 
than are already posted there and that his Excelency order the 
Treasurer to supply provisions for them — 

His Excelency then acquainted the Board that the Treasurer by 
ibis orders had rec*^ from the Controler of his Maj"^* ordnance stores 
at Boston — 300 stand of arms the greatest part of Avhich he pro- 
poses to use in the service of the Crown Point Expedition — And 
then asked Avhat they would advise him to do with the i-emainder. 

The Council advised that his Excelency order what should not 
be used in the Crown Point expedition should be lodged in Fort 
W'" & Mary for the use of that garrison till otherwise disposed of. 



At a Council golden at Portsm" by his Excelencvs Sunions on 
Thursday June 17"^ 1756. 

Present 
His Excelency the Governonr. 
Theodore Atkinson ^ Sam" Solley ) 

Ukh^ Wibird > Esqs. Dan" Warner > Esqs. 

Jn" Downing ) Joseph Newmarch ) 

[r. 100.] The Secry by his Excelencys order laid before the 
Board the following questions viz. 

1. What measures the Council tho't Avould best answer the call- 
ing into one body the forces enlisted for the CroAvn Point service 
l^elonging to Coll Meserve's regiment that are not marched by 
reason of sickness or have deserted. 

Answer. The Council advised to the Issuing a proclamation 
directing all such delinquents to appear in order to their being- 
sent forward to the regiment. 

2^^ Q^ Whether it Avould be most advisable to send such dilin- 
quents by water or by land. 

Ans — The Council recomend their going by Avater if any con- 
siderable mmiber if but few by land. 



175G.] RECORDS OF THE COUNCIL. 33 

[p. 101.] At a Council holdon at Portsm° according to his Excel 
encys Sunions on Wednesday Jxily 4"* 1756. 

Present. 
His Excelency the Governour. 
Theodore Atkinson ^ Sampson Sheafle ^ 

Jn° Downing > Esqs Dan" Warner ;- Esqa. 

Sam" Solley i Joseph Newmavch ) 

His Excelency laid before the Board a letter he rec"* from Incfi 
Fox Secretary of State dated White Hall l?"" l7o6, acquainting 
his Excelency that his Maj'^' had declared war against France <fc 
enclosed his Maj''*' Declaration with his Maj'^* orders to proclaim 
the same within this Province whidi was accordingly done first in 
the Council Chamber ct tlicn in the main street the first regiment 
of foot being dravrn up in the said street before the Council Cham- 
ber. 



At a Council holden at Portsmouth by his Excclencys Suraons 
on Monday August the SO"* 1756. 

Present 
His Excelency the Governour 
Theodore Atkinson ] Dan' Warner J ^ 

.Tn° Downing J' Esqs Joseph Newmarch J ^^'^^ 

Sampson ShealTe J 
His Excelency ordered the 8evP' to read a letter he received 
from his Lordship the Earle of Loudoun dated Albany the 20'^ 
of August 1756 giveing an account that he had received advice that 
his Maj'^^ forts & garrison at Oswego togeather witli the naval force 
& stores by a series of bad circumstances had fallen into the hands 
of the French & that he could with the number of forces he had 
left scarce hope to do more than resist the French power in that 
quarter and earnestly recomending the raising with all possible 
dispatch as many men as he could to succour the Provincials now 
on the Expedition to Crown Point and to assist with oxen & car- 
riages cfe*^ as that Government could not furnish a sufficient quan 
tity for the necessary transportation of stores & provisions &^ 
Then his Excelency asked the Council what they would advise to 
be don in relation to what his Lord.ship had demanded of him. 

The Council after considering the subject matter of his Lord- 
ships said letter came to the following resolve (viz). Resolved 
that 'tis the opinion of this Board that his Excelency cause to be 
enlisted or impressed two companys of men each to consist of fifty 
but not to begin the levys till his Excelency had advised with tlie 
assembly in as much as the expense that will attend the said levys 
& transportation &c of the men when raised cannot be defrayed 
without they make provision therefore — 

3 



'34 PKOYINCE OF KEW-IIAMPSHIRE. [175C, 

£p. 1 02] His Excelency ordered to be read at the Board a letter lie rec* 
from Governour Shirley dated Boston August the 28"' 1756 giving 
an account of sundry Frencli Nuterals passing thro' the Massachu- 
setts into this Government in their passage as he feared to Nova 
iScotia & which he hoped his Excelency would endeavour to pre- 
vent. Which letter being read his Excelency asked the Council 
what they would advise lain to do to prevent such French persons 
making their escape thro' this Province to Nova Scotia. To which 
they did advise that his Excelency issue orders to all officers civil 
& Military not to suffer any such French ])ersons to enter this 
Government & if any should have got within the limits to appre 
Jiend them & send them imediately back to the place from whence 
they came and deliver them to some officer there. (1) 



Xt a Council holden at Portsm" according to his Excelencys 
Kumons on Smiday October the S*^ 175G. 

Present 
His Excelency the Governour — 
Theod' Atkinson J Sampson Sheafie ) ^ 

K.ich'^ Wibir«l > Es(j3 Joseph Newmarch j " *' 
Jn° Downing 
His Excelency laid before the Board sundry letters he received 
from the Camp at Lake Geoi-ge & Fort Edward from Gen'^ Wins- 
low & Coll Meservc &^ dated the 20"" September last with an ace' 
of the scituation of the Provincial forces there also a copy of the 
proposals made by Lord Loudoun to the several agents to take 
what provisions & stores supply 'd by the several Provinces & now 
remaining there his Lordship h:iving engaged in said proposalls to 
I p. 103] receive & pay therefor &'': And as the agents for this 
Province have represented to his Lordship that these orders were 
to get the provisions &" up to Lake George but had no power to 
make any transfer thereof wdiich representation of the agents Avere 
also laid before the Council with a state of the provisions &"=._ — 
Then his Excelency asked what orders the Council Avould advise 
him to give relative to the premises To which the Council gave 
their advice that his Excelency issue orders for delivering to Lord 
Loudoun's orders all such provisions as shall be now remaining at 
Albany as above. 

His Excelency then acquainted the Board that he was inlormed 
))y Coll Harte who arrived last night from the camp with de- 
spatches to him that tho' the New Ilampshii-e regiment was in 
better health than many other regiments there, yet there was a 
number sick lame & wounded— and then asked what method they 

(I) See Journal of the House.— Ed. 



1757.] RECORDS OF THE COUNCIL. OO 

w'ould advise liiin to take to get them to their respective liabita- 
tions — 

The Council considering the great distance & difficulty of trav- 
elling or transporting sick persons by land so late in the season — 
think it advisable that a suitable vessell be immediately sent to 
Albany to bring such invalids to this river — 



Province of } At a Council holden at Portsm'^ by his Excelency's 
New IIamp'"f Sumons, Jan^' 18"', 1757. 

Present 
His Excelency the Governour 

Rich'i Wibird Daniel Warner 

John Downing 
[i-. 10-1.] His Excelency laid before the Council his Majesty' 
Comands signifyd to him by the K' Hon'''* the Lords Coinisioners 
l\)r Trade & Plantations in^lieir letter dated White Hall, Octob"" 
O"' 1756, directing that an Embargo during his Maj'^" pleasure 
should be laid upon all vessells clearing out with ])rovisions from 
any port of this Province — Then asked the Council what method 
they advised to take in rendring effectual his Mnj'- •* comands in the 
premises &''. The Council advised that his Excelency ])ursue the 
directions signifyd to him in the Lords Comissioners for Trade 
and Plantations letter above said — which was accordingly don. 



At a Council holden at I'orl.sm" by his Excelency's Sumons on 
Fryday March 11, 1757. 

Present 
His Excelency the Governour 
Theodore Atkinson) ,;, Daniel Warner Esq. 

Rich" Wibird P^^l' 

His Excelency lade before the Board a letter he rec'' this morn 
ing cLated Boston Feb^ 9"', 1757 from Lieut. Govern"' Phips in- 
closing a copy of a letter his Honor rec'' from his Excelency the 
I']arle of Loudoun dated N. York March 2*^ 1757, desireingan Em- 
bargo might be laid upon all vessells for the present in all his 
Maj'^'^ Governments, which letters being read at the Board together 
with a Proclam" issued in the Province of the Massachusetts Bay 
for laying an Embargo in that Province His Excelency asked the 
Councils advice in the Premises, who advised to his Excelencys 
issuing a Proclamation in this Province laying an embargo on all 
vessells til further order and accordingly a proclamation issued. 



36 I'ROVINCE OF NEW-HAMPSHIRE. [1757. 

j_p. 105.] At a Council holden at Portsm° by his Excelency's 
Sumons on Tuesday August 8"' 1757. 

Present 
His Excelency the Govern our 
Theod"" Atkinson ~) -p, Dan" Warner Esq. 

Kidx^ Wibird I ^^'1^ 
His Excelency laid before the Board a letter signed G — Christe 
A — D. Q. M — G. Captin the 48"^ regiment commanding at Albany 
dated Albany August the 4'^ 1757, 12 o'clock, acquainting his 
Excelency that by letters he rec*^ from Gen^ Webb from Fort Ed 
ward he apprehended the design of the enemy was against Fort 
Wm Henry and that on the third they Avere attack'd and the fir- 
ing of cannon and small arms continued till near sunset when they 
ceased but the issue not known as all communication between the 
s** Fort and Fort Edward was cut ofi' and desired all the govern 
ments A\^ould send all the force they could to their assistance — his 
Excelency also laid before the Board a letter rec*^ from Gov'' Pow 
nell, dated Boston, August 7"" 1757 acquainting his Excelency of 
the measures he proposed in lending assistance. 

His Excelency adjourned til tomoiTOw 9 o'clock there not hav- 
ing been time to convene a suitable number of the Council. Accord- 
ingly the Council met at 9 o'clock, A. M. 

Present. 
His Excelency the Gover' 
Theodore Atkinson ] Joseph Newmarcli ^ ^ 

Kich'» Wibird j> Esqs. Daniel Warner S i' 

Sampson Sheafte J 
[p. 106.] The Council again read the letters as laid before 
them yesterday and his Excelency demanded their advise thereon 
what assistance they tho't proper he should send to the assistance 
of the l)esieged. 

The Council took the letters &c, under consideration and in 
as much as Fort Wm Henry being at the distance of near 350 
miles from hence the Small Pox in almost every pass in the way 
the extreaiii heat of the weather at this season the great numbers 
of men already in the service from this Province now under Lord 
Loudoun not only those in the pay of the Pi-ovince but the most 
if not all the Raingers in four Companys, & a Comp* of carpenters 
enlisted by Coll. Meserve that the Province is allmost drained of 
:iU the men suitable for such service in the woods, and if General 
Webb should march the men now posted at CharlestoAvn and 
thereabout to Fort Edward this Province would be entirely ex 
posed to the incursions of the enemy and the frontiers very nake<l 
and defenceless and at the same time as neai- Crown Point as Foit 
Wm Henry is to the city of Albany, with this difference that be 
tween the frontiers of this Province and Crown Point there is 



1757] RECORDS OF THE COUNCIL. 37 

nothing to make a stand against the enemy and therefore are of 
oppinion under the present circumstances they cannot think it for 
his Majestys service to advise his Excelency to march any men to 
such a distance — But think it advisable that his Excelency give 
the necessary order for two hundred men either horse or foot as 
liis Excelency may think proper to hold themselves in readiness to 
march at the shortest notice to the relief of any place that may be 
attacked on any of the frontiers of this or the adjoyning Province, 
[p. 107.] His Excelency then acquainted the Council that he 
tho't it necessary to pull down the South West bastion of Fort 
William Su Mary at New Castle it being much shaken and is 
falling down and that he proposed in rebuilding it to make the 
bastion something larger and also some parts of the wall between 
the s'^ bastion &, gateway and asked the Council weither they 
would advise to the laying the stone work in lime mortar to which 
thev did advise. 



At a Council holden at Portsm^ by lii.s Excelencys Sumons on 
Fryday August 2G, 1757. 

Present 
His Excelency the Govern"^ 
Theodore Atkinson) y, Sam' Sollev ) -.^ 

KichMYibird /^"l- Uan'i Warner j"-^^^^- 

His Excelency laiil before the Board a letter he rec'^ from Lord 
Loudoun dated on lK)ard tlie Winchelsey at Sea the 18"' of Au- 
gust 1757 acquahiting his Excelency that he had rec'' advice of the 
surrender of his Maj"'' Garrison at Fort Wm Henry and that lie 
lioped his Excelency would lend his whole force to oppose any 
further progress of the enemy in case they should make any fur 
ther advances acquainting that his Lordship was then on liis pas- 
sage to New York to give his aid in driving back tlie enemy. 

His Excellency also laid before the Board Governour Pownalls 
letter of the 25"' of August 1757 from Boston acquainting him 
that he had rec*^ despatches- from Lord Londoun on his passage 
to New Y''ork and that his Lordship depended upon the Assistance 
of all his Maj'-'* Governments in such measures as might be taken 
in carreying on an offensive Avarr &*-'. and proposed his Excellency 
should supply his Lordship a number of carts &, quantitys of fodder 
for cattle and send them forward to Albany, &•=. (1) HisP^xcellency 
[p. lOS] the Govern"' then asked the Council what they would 
advise him to do in relation to these aiiairs. 

The Council took the same under consideration and came to the 
following vesolution — To advise his Excellency that they tho't 'tis 
Impossible to collect any quantity of fodder in this Province, the 

(1) The letters above referred to cannot now be found. — Ei>. 



38 PROVINCE OF NEW-HAMPSHIRE. [1757. 

drought l)eiiig so severe that there is not more than half a usual 
crop and tliat transporting of ox carts to Albany is scafce practi- 
cable by reason of the great distance & impassable roads in "the 
way and therefore advised his Excellency to wait Lord Loudouns 
further advice before he makes any preparations of that sorto. 



At a Council holden at Portsm" l>y his Excellency's Sumons on 
Fryday December 23*^ 1757. 

Present 
His Excellency the Govcrnour 
Theodore Atkinson "] Dan" Warner } -.^ ^ 

Rich^i Wibird )- Esqs. Joseph Xewmarch ]' -^'^^®- 

Sampson Slieaffe J 

His Excellency laid before the Board a letter he rec*^ from Capt. 
John Dunkley Ooniander of his Maj'^* ship Enterprise of this days 
date acquainting his Excellency that a mob consisting of two hun- 
dred men or more had seized the longboat belonging to his Maj'-'" 
said ship and had drawn her into the country tt^ acquainting his 
Excellency that under these circumstances he could not think him- 
self safe here, and that therefore he proposed to carry his ship to 
Boston, tfe*^ and tho't it his duty to acquaint liis Plxcellency of it 
and to desire to know how he sliould come by his boat again <&". 
Which being read his Excellency asked tlie Council what they 
advised him to do in the premises. 

[p.l09] TheCounciltakingthesaid affairs under consideration and 
to show their abhorrence of this act of violence a crime so destructive 
to Society in general which in its consequences tends to the sub- 
version of all authority' and good order of this Government, come 
to the following resolves, viz. 1. That his Excellency be advised 
to give his orders to the High Sherriff to cause the said boat to be 
imediately carryed to a boat building yard and there thro'ly re- 
par'd with all possible expedition. Tliat she may be deliver'd in 
as good order to Capt. Dunkley with hei* tackle amd apparell as she 
was when taken out of his possession. 

2*^'^ That his Excellency give his orders to the civil officers for 
apprehending such of the said rioters as may be discovered espe- 
cially the beginners or first promoters of the s'^ riot in order to 
their being delt with as to law and justice doth appertain.. 



OOEEESFONDENGE, 

Shoiclng a Conspiracy for the remooal of Governor JBennimf 
Wentu'orth from office. 

[Copied from original letters in the Arehives of the X. H. Hist. Society. '■ 
Note by the Eoitoi;. 

The administration of Governor Beuninjf Wentworth was irreatlj' em- 
barrassed from 1747 to 1750, by a powerful opposition arrayed ayaiusl 
him both among members of the House of liepreseutatives, and some of 
his Majesty's Council. The following letters betwet-ii HiciiAnD Wai,- 
DROX Esq., Col. Isaac Royal, and otliers, will fully explain the origin, 
progress and failure of a plot to displace tlie Governor from olllee. The 
correspondence implicates Gov. Jonathan lielclier, as at least counte- 
nancing the movement; it also illustrates tlie character of soine of the 
leading men of that i)eriod, and is very important to be read and under- 
stood, as explanatory, in part, of the singular proceedings of tlie legis- 
lative body, as I'ecorded in the Junrmil of the JIi>nse—i74^H-\750. The 
letters here published, are only a part of tlic correspondence relative ta 
the same matter. Tliey are numbered for tlie sake of reference. — Ed. 



(No. 1.) 
From, lion. Richard Wak7ro)i (1) to Gov. Belcher^ 

May it please yo^ Ex. 

(My most dear and Hon*! Friend) 

If I go over the line, or keep not a due distance, iny'' manner of xny 
address, let my affection lie an Excuse, ami let your Goo"dnes.s forgive the 
Trouble tiiis Time, and I promise tliat in future I'll transgress no more 
in ye like kind. 

I am now sit down to a ditiicult Task, being elated with Joy, and de- 
press'd with Grief at the Same Instant, my Joy arising from your Happi- 
ness, and my sorrow from the distant situation I am in from y^^ place des- 

(1) This Ricliavil W;iMron, was eon of Col. Kic)i.Trd, former Secretary of the Trov- 
incc, aiul graurU'ou of Major Richarri, wlio wan massacreil by the Indians .vfc Dover. 
1G89. Adams, in Ann. of Portsmouth, says, " On his maternal line he was tlie ^'rand- 
8on of Major William Vaiigiian ; so that he was de.scendcd from two ol'the earliest and, 
most respci-table inhabitants of New Hampshire." He was born in 1(5!)!, graduated at 
Harvard College, 1712, ap))ointed Councillor 17.W, and afterward Secretary of the Prov- 
ince, by Gov. Relcher. Rut in 171:3 he was suspended from oflice by Gov. Rennin.c- 
Wentwortli. This gave rise to, or rather conlirmed the alienation between tlie Gov- 
ernor and Secretary Waldron. anil lieiice, probably, the plot on the part of the hitter to 
remove the Governor from oflice. In ITIM, Jlr. Vv'aldron -was chosen to represent the 
town of Hampton in the House of Representatives, and was elected Speaker. Gov. 
Wentworth neg;itived the choice; the House adhered; anrl hence arose a coiiliict and; 
embarrassments which are fnllv disclosed in tlie .Tournals of tlie Hoiise, and of the 
Council and Assembly. Mr. Waldron died 2 !d August 175.^, aged 00.— Ki). 



40 TROVIMCE OF NEW-HAMrSIIIRE. 

i.iiicd for your residcuce. (1) How tlieii shall I express myself -when Joy 
aud Sorrow are jarring in my mind, And wliat shall I say, while a Tumult 
of passions prevails in my Breast ; and yet, how can I restrain my Pen to 
a more convenient season which perhaps may never arrive. When yo'" 
Ex. first projected your voyage at Boston, I rejoyc'd, Avhen yo embark'd 
[ fear'd, when yJ arrived in England I exulted, while y^ remain'd success- 
less I mourn'd ; when \'> pervail'd my Joys were renew'd, and when you 
were returning, my fears again took place lest ye Dang's of the Sea and 
yo Perils of War, should cut short yo^' hopes and shut up y'' scene before 
y» had reap'd any Fruits of yo^' Hazard and Toil : Thus Sr. has my mind 
been agitated from your first setting out till the blessed news of yo"" 
happy arriv' at yo'' Government. I wrote yoi' Ex. a Line or tAvo when I 
first heard you M'ere on y^ Sea and drawing near yo'' Port, and now again 
renevv^ my congratulations on yo Event of yo'" Voyage. I also take this 
opportunity to recognize my ol)ligations to yo^'Ex. for yor many past 
li'avours, and to return my unfeigned Thanks for them. As I have for- 
merly been admitted to great Freedom, and indulged perhaps with 
greater Degrees of Intimacy than some other of your Friends, I flatter 
myself yo"" Ex. wont be displeased, if I suggest a Hint or two concerning 
myself and my own affairs, and on y' presumption take leave to say — My 
living is retir'd, which has its Ease ; and I can't call it unhappy, as ye less 
I am busy'd at mani/ things, the greater is the opportunity for minding 
ye one fhiny necclful. I go seldom to Town and am visited Init by a few 
select Friends : I enjoy a competent measure of Health, tl\o' it has been 
sometijues interrupted by Cholic Fits of several Days duration. My 
spouse remains in Statu quo save such alteration as the addition of 5 or 
« y's to her age has made, excepting also an abateni'' of y"- Vivacity with 
which she us'd to be spirited once or twice a j^ear by ye visits of Gov"" 
i'elcher, Avhich arc now no more. My eldest Son left me ab' 2 ys agoe, 
to seek his fortune abroad, nothing at home offering to his mind, and 
him I have not heard of since, but under such circumstances as give rea- 
;^on t') believe, y*- y vessel in which lie went, with y^ whole Company 
pcrish'd in ye Deep. This is a gloomy Dispensation, ))Ut it is ye lA y"- 
hath done it, and who dares say unto him, whose Counsels are uncon- 
trollable and whose Power is irresistable. Whv hath thou done thus? 
My second son who was at Cape Breton and behav'd well, and i-eturn'd 
v.'ith a good cliaractcr, having lost all liopo of Promotion in ye army is 
aov/ at Cocheco, managing m.v aflairs there : lieuce I cannot forbeare 
mentioning ye persevering malice of our Gov'' in an instance or two of 
his Treatjuent to him : When we were under the greatest apprehension 
of Dang'' from ye lnd"» he apply'd for a warr' to enlist a Comp'' of Volun- 
liers upon a bounty Act for scalps w''' out wages or subsistance ; he had 
a dilatory ausw" was ordered to attend 3 or 4 days after, and he did so, 
))ut tlien was deny'd admittance; the other Instance is, when there Avas 
Instruction from iiomc for levying soldiers for a Canada Expedition, he 
again apply'd for beating ord''*, and tho' one of y'^ first in ye application, 
was one of ye last y'' had them, and then was limited to one regim' yt had 
been first pick'd, while all ye rest y' had ord'^ (and some of y'" ye very 
refuse of ye Earth) Avere permitted to l^eat through ye Avhole Province, 
which lias now C i-egim-^ in it: This uugent'm and cruel Partiality, Avith 
sundry circumstances attending it, convincing him that he Avas to expect 
no comision, whatever his success might be in getting men, and that they 
w'd be turn'd over to Dicgos Dupes (2) he made no use of it but return'd 

(1) About this time Mr. Belcher, fovmeily Governor of Massachusetts ami Ncav 
llampshii-e, was appointed Governor of XewJersey, and resided at Elizabeth Town, 
N'. J.— En. 

(2) " Diego " .'^eema to bo one of the opitiiets applied to Gov. AVentworth. iu allusion 
to his haviii.ij; been in the Spauisii Trade befoi'O he received liis Commiasion aa Gov- 
m-uor.— .'^D. 



CORRESPONDENCE. 41 

it w'** out enlisting a man, tho' he had many y^ ofleretl. These are mor- 
sels hard of Digestion, but I am oblig'd to swallow y"'. I say not these 
things in a way of Complaint, as it is out of y« Exc's Province and i)ow'' 
to grant me redress, but onely, as a short specimen of my own story w'^*^ 
I tho't w'l not be disagreeable to yoi" curiosity, if I remain worthy of yo^ 
Exc** remcmbr^e^ 

I don't mention any Particulars of our wretclied Adm" bee : it would be 
tedious, and to no Purpose but to surprise y^ with unparallel'd Instances 
of Foil}' and Iniquity ; indeed the lamentable condition we are in cannot 
be describ'd, nor known, but by those who feel it. The aptest similitude 
y' I can think of to represent our case by, is that of a Field of Battle 
after y*" fight is ended ; the common People being compar'd to ye carcasses, 
and those who are y« Chief in Power, to the Vultures and ravens glut- 
ting on y« Carnage. If yo'' Excel, sh'd find a leisure minute and conde- 
scend to honor me w^'> a line, I shall be much oblig'd. If I might have a 
word of Iluske's conduct in Engl'', if y" know any thing of it, but more 
especially of what my Kinsman Vaughan was pursuing, and whether it 
was likely y' he W' have obtain'd any tiling, if he had tri'd. W' the 
liighest Esteem and greatest regai'd, I am ^S^ 

Yo^ Ex** most obe^, most obliged, and most devoted hum. .sei'v'' 



R. W. 

Port : 7'"- 24, 1747. 



Mrs. \Yaldron presents her ))est regards 



Note.— Sec y Wnldron's letters are written in a very close hand, ollcn on scrap.s of 
paiier, and ai/pear to be first draujjht.s of ttiose sent to Gov'r Belcher and other con'e- 
Bpondents.— Ki>. 



(Xo. 2.) 

F'j'oin Col. Isaac Royal (1) to liichwd Waldroit Ksq. 

Charlestowu, [Mass.] March 7"', 174S. 
Sir— 

A few Days ago JMr. Foye Delivered mc your kind & friendly Ectler. 
I am much obliged to you for the good opinion you Entertain of me, & 
for the many kind Expressions of y"" friendship & Assurances of your ut- 
most Eudeavoi-s to piomote & l)ring to Efl'ect the Skeem lately proposed 
to me by your worthy & ingenious Son in Conjunction with our mutual 
friend Mr. Foye. (2) A Skeem altogether new and uiithought of ))y me, 

(1) Col. Isaac Hoval, of Cliarlestowu, Ms., but allcrwardo set otT to Medford, wii.s 
a Hon of Col. Isaac ItoyuU, ol the same placa, and a desceudaut of t!ie fourth ,i,'enera 
tion, of Williara Royall, of Oasco, Ms. Kiiii, and who was sent over to Gov. Endic-wtt of 
Salem, Ms. l(;2l), ;is " ji cleaver of timber." Col. Isaac wa? born in Anli;.^uii, where his 
father resided about 40 years. He was a .sjeatlemea of largo wealtli ;uui distinction. 
In Brooks' history of Meilford, (Bo-tDii, 1SJ5) pii. 558-.").!;), is a li>igister of th ; Jioyall 
Familjr ; and on pp. 170-181, is an iatiTi'^ting sketch of tho Colonel. He resided in a 
.splendid mansion built by his father, in Medford. (at lii-st within the limits of Charles- 
town,) was representative from Charlest.nvn to the (ieueral Court of Massachusetts, 
nine years in succession, from 1713 to 17."<2. In 1752 was promoted to a scat in the 
Council Board. At tho time of the Itevolution, he was a proscribed refugee, and his 
estate was confiscated in 1778. lie died of small-pox in Kngland, 17S1. Mr. Brooks 
says he was a timid mm, but of gre.it liberality ; " his bounty laid the first iirofessor- 
ship of Law at C.imbridge. He bequeathed more I'.ian 2;)00 acres of land in Granby 
and lloyalton, ]Ms., for that purpose. He left a legacy of iilate to the first church in 
Medford, made becfue^ts to Medford and Worcester, "and legacies to the clergymen. 
While a member of tlie House of Representatives, he presented a chandelier which 
adorns its halls." His daughter Elizabeth married Sir \MUiam renjicrill of Kittery, 
Me.— Ed. 

(2) Mr. Foye was a kinsman of Richard Waldron.— i:!). 



42 PROVINCE OF NEW-HAMrSHIRE. 

but doubtless y Sou ars well as Mi*. Foye has acquaiuted you with the 
mauy Uifflcultys that lay upon luy mind. I assure you Sir it was with 
great Keluctauce that I was l)rought first to lisseu to it iu ye least, as not. 
thinking myself capable of rilling so important a place, but the assurance 
your Son & Mr. Foye gave me of your advice & assistance from time to 
time with y-' hopes & prospect of Relieving a Distressed people from 
their many Burdens are the Greatest Inducements to me, to Except of y** 
Place (could I obtain y- same with Honi) which I am the more Encour- 
aged by your Letter to think it will not lie so great a Ditticulty to Remove 
that Gentleman that is now at y""- head of y"" affairs as I at tirst Imagin'd, 
Since you assure me of the many heavy Complaints against the Gcutle- 
mau which can be well supported, and since Mr. Foye has assured mo 
that a great Number of Gentlemen among you that are lovers of Liberty 
& friends to their Country as well as to maintain the privileges of Trew 
Lo3'all Englishmen, were Determined to Remove that Gentleman wheather 
I accept' d of it or not, therefore was it not Represented to me iu this 
light I should think it very Dishonourable to make y^ least attempt to- 
wards it, but as ye way seemes clear & yon uaving assured me of its being 
Quite agreeable "to you & that I should not want for your best assistance 
I will therefore as soon as yon think it adviseable write to my Friend 
Slingsby Bethell Esq. who I am well assured will use his utmost Endeavors 
to serve me in this affair (& who is now a member of Parliment for yo 
City of Loudon) I am senceable it will be attended with considerable 
charge to have it effected. I am Determined to go as far if needful as 
live hundred pounds sterling towards procureing y" same, & apprehend 
that if it can be effected that will be sufhcient, neither should I choose to 
putt myself to greater Expence though I were sure of obtainiug it. As 
my undertaking the altair is not so much to serve myself as y*" people of 
y^ Province, whome I should Endeavour U" it should be effected, iu my 
administration to Render them as easy & liappy as is posable in my 
power & that it shall be Intirely their own faults if it be other ways. 

I am senceable should it be effected I must leave a large Estate in this 
province as well as a Beautiful situation which I have lay'd out a great 
i)eal of money on to make it commodious and as convenient as is pos- 
.sible to render life easy & agreeable so far as y^ things of this world arc 
capable of I am not actuated from ye views of adding to my Estate, nor 
by only getting to myself a feather in my cap, but I trust from more Ltiu- 
dible & generous principles, viz : of gratitude to my Maker for his many 
Benefltts bestow'd upon me & a desire of being as serviceable to my fel- 
low men as is possible. 

You Desler this affair mny be kept a Secret. You may depend upon it 
that on my part it shall be so, for I look upon secresy as the gi-eatest 
step to succeed in this affair : I assure you Sir I have not Devoulg'd it to 
any even to my wife : I find by y-'^ yf you have not by reason of y'' great 
snowes been able to communicate it to any of y friends, & I doubt not 
Sir you will take that care to communicate it to those only who are Per- 
.sons you are sure can be Rely'd on, & Doubt not of your utmost Endeav- 
oui's to serve me in this affair which should I obtain you may Depend 
upon it no thing in m> power shall bo wanting (that is worthy of your 
acceptance) to promote & searve j^ourself Family or Friends to the ut- 
most. 

I Doubt not but you & y^' Friends will in procureing the Papers from 
the Secretary's office with the Pi-oper Certificates Due it in as prudent a 
manner as it is possil)le, least should y^' affair be surmised it may be a 
Damige. I should be glad it may never l)e known that I am y° Person 
for whome y" attempt is to l)e made, untill the attair be fully accomplished 
in England. Mr. Foye thinks it will be best & most proper for you Gen- 
tlemen that are for just Reasons Disaffected to y^ Gov""* past conduct to 
joyne togetlier & choose Mr. Partridge (Gov'' Belcher Br in Law) for yt" 



CORRESPONDENCF. 43 

agent to solicit this alTair, who is a Gentleman of considerable iufluenet- 
at home and who would lie likely with pi-oper applications and present- 
ing your complaints to succeed in getting y^ Gov liemoved, & when that 
is Effected, my Friend Mr. Bethell may stand ready to aske the favour of 
the Place for me. As I was willing to lett you know my mind as full as 
possible which has occationed this Epistle to be longer t'len I at first 
Designed. I would therefore afcer asking pardon for intruding so much 
on yy Time & patience conclude with all Due Respects to your self &. 
Lady, Sir, 

Your most Humble Serv' 

Isaac Royall. 

P. S. My regards to y'' Son whom I shall if possible write to by this 
Conveyance & shall be glad to be favoured with a particular Answer to 
this Letter. 

Since the foregoing letters Mr. F'oye coramuuicated his letter to me y"" 
Letter you wrote him of the 4 of ilarch & 1 shall when you think best 
send y" hundred pound old Teu^ for copys &c. 
To the Ilonbic Kichard Waldron, Esq"-. 



(No. 3.) 

F'/'Oi/i Mr. Waldroji to Isaac Royall. 
Sir— 

I have yo^ favor of y^ 7 curr'^ and have duly consider'd the full contentK 
of it : I am much pleased with yo'' Resolution, and the Motives and In- 
ducem''-' to it and shalMn;artily contribute mj- best Endeavours to l)ring 
so good a design to a happy Issue. I shall consult our Friends on what, 
you nientiou (from Mr. Foye) touching Mr. Partridge, and you may de- 
pend shall take every step that looks most likely to forward and promote 
the agreeable scheme and to Crown it with success ; 1 have not been 
idle since I last wrote you, but have been gathering together some ma- 
terials for a complaint, and have begun to Form one, but as the principal 
vouchers are to l)e had from the Secretary's oltice it cannot be compleated 
till I am furnish'd with copys from thence which I purpose to have soon 
demanded, and l)y the next Post hope shall be able to inform you how we 
are like to succeed there, and sha 1 from Time to Time keep you advised 
of our Proceedings, till the Part that is to be perform'd here is Ijro't to a. 
Head. I am of opinion that it will be best to acquaint your Friend iu 
London Avith the Design by the first ship, and remember him of it by 
every afcer opportunity, till we are ready to forward the CompU that he 
may have the longer space for making Friends and preparing the way 
for its welcome and effectual i-eceptiou. As secrecy is one of th-e Poles 
on which great actions generally turn, I am glad we are agreed in opin- 
ion on yt point, however I am afraid it will be necessary t > mention yo'' 
name to some, and in y' case I must desire yo'' consent for it especially 
to such as I understand are yc particular Friends and acquaintance. Ai< 
to what y" mention in y"" letter to my son touching Gov'' Belcher and CoF' 
Vassal you may depend I will be seasonable in my request to the former, 
and in regard to y^ latter I suppose his mis-carriage was principally ow- 
ing to a feeble mind, the want of proper Address and application to 
business, and y° giving himself up to Pleasure. He wrote me from Lon- 
don, that he slV' liave made an easy conquest if he had had but the shadow 

of a complaint, for Mr. AV th had no interest at Court worth naming, 

nor any Friend save Capt. Tomliuson, liut that the Ministers, wbenyy 



44 rEOVINCE OF NEW-HAMPSHIRE. 

made a removal chose to have some color or Pretcuce for it, tho' it was 
ever so iusiguiflcant. 

lam obliged to you for the handsome mention j'ou made of my son, 
thank you for the Intimation of your readiness to oblige me, my Family 
and Friends in case of success, and am with proper regards 

Sryour most humble serv*. 

P. S. The money for W^"^ you mention iu a Postscript may come when 
yo please ye Desposal of which yo may depend upon having an exact ac- 
compt of. 

Indorsed— "Copy to Mr. Eoyall, March 11. 1747." 



(No. 4.) 

From Col. Moyall to Hichard Wa/dron, Esq. 

Charlestovv-n, March 2Pt 1747-8. 
Sir 

I Eeccived y^ agreeable favour of the 11"' Instant and am much oblig'd 
to you for the same &. for your Repeated Assurances of your utmost En- 
deavours to promote and bring to eftect y scheme now on foot, and as 
seci*ecy is a grand Ingredient in this affair, I should think it advisable 
that it be not known that any attempts is making towards y*" Removal of 
y"^ Governor or so much as y*^ least hint, no further than what is neces- 
sary for ye gitting the propper Certiflcatts and other papers that is need- 
fidy from the several offices, much less can I think it advisable that my 
name should be mentioned to any at least at present, for fear of some 
Barrs being laid in the Avay, which may Deter if not Totally defeat the 
thing, otherwise I should cheerful)}' grattifye you in consenting to y^^ Re- 
quest in that Respect, We may very often take those to be our friend who 
are friends to y<= opposite part_y & so blow us in our Designs : I think it 
will be Enough Sir to mention it to y'' friends or those you can Rely on : 
that yc place to be obtained is for a gentleman of Fortune who seeks it 
not from any ndsonary or sellish veiwes but from a Principle of Regard to 
Render himself as serviceable as possible which are ye Trew motives & 
Real sentiments of my heart at this time, and hope it ever will continue 
to be such. I observe by yi-^ that you havegeathered togealher meterials 
and have begun to form your complaints only wate for some of the Prin- 
ciple vouchers from ye Secretary's office to compleat ye same which Doubt- 
less by this time you have obtained, and shall be glad to know of y"' suc- 
cess, agreable to yf assurance by y^ Return of the Post. & of y'" proceed- 
ings from time to time, and should be obliged to you when you have got 
your complaint Ready, with the Vouchers to send home you'd be so good 
•as to favour me with a sight of it befor it goes ; agreable to your De- 
sire I have this Day wrote to my Friend Slingsby Bethell, Esq. acquaint- 
ing him of the affair, & to ask his assistance, which I Doubt not of as far 
^s lays in his power. I am glad that it seems agreeable to you the pro- 
posal of Mr. Foye & myself Respecting Mr. Partrige, and beg that as 
speedy an application as is possible in y'' affair may be made to him by 
y^self and the gentlemen who are heartily engaged with you in in this 
affair, & I am obliged to you for y'' assureance oif y"' speedy application to 
Gov'". Belcher and doubt not as he has so great a Regard for you y appli- 
cation to him will be of considerable Influence & weight with him to pro- 
cure Letters of ilecommendation from him to his B'' Parterige & others 
that may be servicable in ye affair. 1 observe what you mention Respect- 
C^ol'^ Vassall & shall Endeavor to shon those things that you mention 



CORRESPONDENCE. 45 

prove his miscarrage, I observe what he wrote you when in Englanr] 
that he should have had au easy conquest in ye obtaining the place if he 
had had the least shaddow of "Complaint which I am much surprised at 
as I had binn Informed that you & others had furnished him with suffi- 
cient mete rials well vouch'd, and I am surprised that ever he should go so 
many hundi'ed leagues to obtain a place without carrying sufficient me- 
terials to Remove all the obstructions in his way. As to what you men- 
tion in yr Postscript it shall be sent you in a very short time, haveing 
not to add at present, I remain with all Due Respects to yself & lady. 
Sir 

Your most Humble serv'. 

Isaac Royall. 
To Richard Waldron, Esq. 



(No. 5.) 

Frotn Mr. WakJron to Col. Royall. 
Sir- 
On Wednesday last I rec'i : y'' Favour of y<=21 March ten days after Date 
of it, and take Notice of all you say and you may depend (as I have said 
before) shall take all the liest methods I am capable of to stear clear of 
Difficulties, & carry the afl'airinto sncli a channel, where tis likely we may 
meet with the least obstruction ; but I esteem it quite necessary that the 
matter should rest a little while, for reasons I wrote last week to Mr. 
Foye, to which must pray you to be referr'd, as also to my son who set 
out this morn on a Journey southward intending to make it in his way 
without fail to wait on you before his return in ord'' to give you an ac- 
count how matters stand, & show you the necessity of mentioning your 
name, for there are two Persons already guess'' at (which I shoukl never 
have dreamt of) whom our Friends don't relish, I am glad you have wrote 
to Mr. Bethell and hope you'l forward a duplicate by y'"- next conveyance 
and y"^ our not proceeding so fast as we intended will be no discouragem' 
to you, but rather double y'' vigour, as the delay is purely to fortify our- 
selves the better for the Design. As to Col. Vassal whatever yi' tho'ts 
were, I cau assui'e you, he carry'd not a Scrip from this Province, for I 
was the principal Person in his contidence, but relyed wholly upon driv- 
ing his Design thorough l)y tlie Dint of his moue}', which I am almost 
ready to think he might have accomplish'd had he not taken another Turn, 
and spent it in I'leasiires : I am credibly inform'd he intended a second 
attempt this summer, but he is now no more. I hope by y" next Post tf> 
write to Gov'' Belcher, but we can't well write to Mr. Partridge till the 
complaint is ready, for Ave must have y^ &y'^ letter signed together. 

I had a conversation P> Days agoe w"' Mr. H. Sherburn to whom I could 
not avoid mentioning yo^ name uijon his promise ot secrecy ; he told me 
he was well acquainted with you, gave me an agreeable character of you 
and said he lik'd you well, but withall gave his opiuion that 'tvtas best to 
wait a little, before a Demand was made at y<^ Secretary's office, to see 
how some matters now on the carpet would turn out. 

Indorsed— "Copy to Mr. Royall April 1, 1748." 



i<> PROVINCE OF NF/vV-HAMrSHIEE. 

(No. 6.) 

From Col. lloyall to Hich'^ Waldron ItJsfj. 

Charlestown, April 11"', 1748. 
^Sir— 

Your favour of the first of tliis Instant I Eec"^ this Da}' sen' night ; the 
contents of whicli I have Duely observ'd, as also the letter which you Re- 
fer me to of Mr. Foye, and I think j'ou Judge quite Right in not proceed- 
ing in the aflair any further at present, inasmuch as I perceive by youi's there 
are matters of great consequence Depending noAv in your Province, which 
have given great uneasiness to many, Even to friends of the gentleman you 
mentioned as also your Assembly beiug now so near their Disolution & a 
new one call'd in their stead, all which things Doubtless will pi'ove great 
helps towards eflectiug our scheme ; and I assure you, Sir, the Delay in 
this aflair gives me no uneasiness, especially in as much as by it we shall 
be furnished with meterials to make the more vigorous push ; I see by 
yours that you communicated the scheme to Mr. Sherburn and am glad to 
find that he approves of ye same, & that he so heartily Joynes with j^ou in 
the atfair, & I much approve of bouth his and your sentiments in the Re- 
spect of the Delay at present, and should be very glad to be favour'd with 
a. line from him. 

As 1 had the favour of a visett from your son at which time we conversed 
very freely upon those aflairs and as I doubt not but he has comnmnicated 
the conversation which pass'd between us to you, so it would be need- 
less for me to Enlarge on it. Leaving ail matters to your wise and pru- 
dent management, I remain with all Due Respects to your self, Family & 
Friends, 

Sir, your mo'it Humble serv^ 

Isaac Rovall. 

To the Hon'ble Richard Waldron Esq. 
In Portsmouth, New Hampshire. 



(No. 7.) 
From 3Ir. Waldron to Gov'. Belcher. 

May it please yo=' Ex>'. 

I reC' y'' Favour of y*^ 7 of October last, a month and four Days after y" 
date of it and was about to acknowledge the rec'' of it immediately, but 
upon an apprehension that I might have something more to sa}'in a little 
time, than a bare owning its coming to my hands, I have hitherto post- 
poned it, and now, S'', give me leave to say that I rec^ y*^ Favour w*'' such a 
greatful sense of yo^ ExcJs kind remembrance of me, that Time itself will 
be scarce able to ei'ase the agreeable Impression it made on my mind. 

[ acknowledge I did not wi'ite yo^ Exc. during y term you mention, 
and y^ only reason was bee : it c'd be of no service to you ; and as to my- 
self, I had nothing to ask of ye Court as I had neither Gold or Silver to 
enforce a request, without which I am sensible no Favours are to be ob- 
tained in y*' regions where Mammon reigns. 

The satisfaction yo^ Esc. has from a royal Justification of yo"" past con- 
duct, yo^ being resettled in a pleasant and fruitfuU country, among a 
kind & respectfull People and situated on y^ Banks of y^ American Eu- 
phrates, with yo'' other fine accommodations, are all very desirable cir- 
cumstances ; and to what Pitch of contentment can't your ExJs Wisdom 
.H.ad Piety heighten them, tho" the Salary and Perquisites are not such as 



CORRESPONDENCE. 47 

perhaps 'vvere expected and niiglit be reasonablj- wish'd for; and as to the 
want of Conversation, might not that Defect be in some measure repair'd, 
by a Lady from Boston. N. York, Philadelphia, if none in y« Jerseys to 
your Taste ; and can it be, that a Gentlewomen of suitable age & fortune 
who w'd be one spirit as well as one Flesh with you could fail to sweeten 
the remains of life. The religious remark yo' Exc>' makes on y'' length of 
yo shadows, y« Decline of yo^ Sun, and low remaining sands, is a good 
instruction to me (and perhaps was so intended) which I hoi^e I shall 
properly apph' and that it wont prove a fruitless Lesson. 

What your Exc. says of renewing our Correspondence and yo"" kind 
mention of my Family, with yo>" wishes for our prosperity, I esteem as a 
renewed mark of your goodness to me & mine. I have but 2 sons left out 
of 8 children, viz. Thomas, who has pitched his tent at Cocheho for ye 
present, and George who yet remains with me. It is a wretched ace' we 
have of one of our Feather Hunters, one of which is not, inning drop'd 
his plumes, and being gather'd to y'' Congregation of y« Dead, and y-' other 
says his Pro'' was goue from Loudon before his arrival, for w''' reason he 
did not see him. The Don was in bitter agonies till Kodomontndo's re- 
turn, and this leads to the main thing I have to otfar, namely — y'' ab' (t 
weeks agoe my son being at Charlestown was introduced by Mr. Foye to 
Mr. Royall, where hey soon fell into a political conversation particularly 
on ye Governmt ot NT. II., in y*^ close Mr. R. agreed to advance (!00£ Ster. 
to remove y^* Don, (1) and gain his Chair, provided I should approve of 
y^ scheme. & w'd lend a helping hand to furnish a proper complaint w^'> I 
hcai'tily like, and am now doing my part that way. Several L'ttrs liave 
passed between him and me on y« allair. My Son was again at Charles- 
town last week, & by av' I learn from him iSb y'" Gent"* own L'ttrs, together 
^yth ]\[r. Foye's, I find he is quite steady, and even sanguine in y^ Design, & 
it may be, wiien yc purse is once opened, the sum will be doubled, rather 
than y« attempt sh'd fail ; ho delights to dis})]ay his riches and tis said 
will bleed freely when hon'' calls — he has already wrote to his correspond- 
v/ho is a Pari' mem. from y'" city of London, ;iud desired liim to be i)re- 
paring the way, he intends to write to Adni' Warren & JIawke, who arc 
both of y"' his acquaintance & Friends. It is jiroposed, that tiie com- 
plaint go to Mr. Partridge as agent for y" sul)scril)ers, and y' ISIr. Royals 
friends stand ready to sollicit for him in cas(! of success. 

I understand Mess'^ Belcher (2) & Foye are full in the scheme, and have 
wrote or will soon write to yo'' Exc. upon it. Y'' Gent Inis iirg'd uk; 
pressingly to engage yo'' Exc. Interest as ftir as 'tis in my power, which i 
do now humbly request, particularly y'' you'l be pleased to give us yo"" 
best Directions for our proceeding here w"' stich L'ttrs to yo"" Friends in 
Kngland as may most tend to promote y-' Design w^'' will greatl}^ oblige 
me, altho' I have very little Inclination to interrupt mj- repose, w"' y 
ICmbarrasm''' of Governm', heving found by G yis Experience y' yc sweets 
of retirem'' arc too precious to be barter'd, for all the Toys N. II. can be- 
stow, yet I own I am sollicitous to remove a creature y' is both a Tyrant 
.•md an Ignoramus, more especiall}'^ as I am convinced y' it w'd be his de- 
light (if in his power) to crush me and my family into atoms. I heartily 
wish prosperity to ye Prov. w^'' does not deserve so much as that, from me ; 
but to speak undisguised Truth, my principal stir is the promotion of my 
Son, and to give him y° chance of l)eing a rising spoke in y" wheel of Gov- 
ernm', whose behaviour at Louisbourg and prudent conduct at home, 
have made him much y'= favorite of ye people and eqnalh' y^ hate of ye Don 
and his Dupes — an instance of w''' we had a fortnight agoe at agen'Tow'n 
.nceting here, when ye Spanish party made their utmost ellbrts to gain a 
set of selectmen, who, maugre all y arts, had a great majority ag'^' them, 

(1) An epithet applied to Gov. Wentworth.— Ed. 

(2) Trobably refers to a brother and a son of Gov. Belclier.— I'Ji). 



48 PKOVINCE OF NEW-HAMPSHIRE. 

and my son had a considerable number of votes more y" any other man — 
but I find I am running into a strain of vanity, whicli I must pray y^ Exc. 
to excuse, since I don't enlarge— With mine & Mrs. Waldron's highest 
Esteem and best regards, I am y'' Excys most dutiful most obcd'' & most 
obliged, hum. serv' 

R. W. 
Port. Ap! 15, 1748. 

P. S. Y« enclosed was written one Day before I rec^ yours of ye 7 S"'' 
last, and was intended to go 1)y that week's post, but upon yc rec' of y» 
Favour I tho't proper to suppress it especially till such time as I sh'd 
have further occas" to write to yo'' Exc. And tho' I acknowlcdjje it is now 
quite out of season yet as I found it lying by me, I have taken y"^ freedom 
to forwi it. 

I wrote yo"^ Exc. ye 24 Sept. and sent it to Mr. Belcher praying his 
favour to forward it. I sh'd be glad to know whether it has rc.'ach'd yo'- 
hands. 

I am as above 

li. W ALDKON. 

Same date 

Indor.sed— "Copy to Gov^. Belcher 
April 15, 1748." 



(No. 8.) 
Frora Mr. Waldron to Col. lloyall. 

Sir — 

Yesterday I reC^ y Favour of y<= ll'i' curr' by the Post. T have but lit- 
tle to add to what have already said both to you & Mr. Foye. Providence 
seems to be giving a turn to our affairs quite to my wish The discon- 
tentment is increasing, and some of Y officers talk of going home to sol- 
licit for a redress of their grievances, particularly one Maj'' Oilman who is 
cashiered. I hope all things will work together for good, and that we 
shall be able to m.ake good Earnings out of y« Evils of y" present Day— for 
surely nothing could have happen'd more opportunely to favour our Design 
than what has been, and now is doing ; I shall communicate yo"" L'tti's to 
Mr. Sherb" and desire him to write you. My son who is at Cochecho gave 
me an ace' of w' pass'd at y house, and you may assure y'^self what- 
ever is proper to be done in every respect as soon as ever it is a suitable 
time for action will not be neglected. With my complim's to yourself & 
Lady. I am, Sir, y^' most hum. serv' 

R. W. 
April 22J 1748. 

I wrote lately to GoV Belcher last post, and earnestly requested his ad- 
vice and Interest. 



COFvKESroXDEXCE. 41) 



(Xo. 9.) 

JFroni Col. Roy all to Mr. Waldrou.. 

[Extract.] 

Chaiiestown April ^C'li. 174s. 
Sir— 

'•Yours ufy' L'2'i of this Instant, I tliis day roc"', by which I perceive that 
the atlairs ofy-' Goveruiu"^ seem to operate greatly towards forwarding our 
.scheme & tliat there are several gentl'" of tlie INIilitary Onlot Ceaschaird and 
others reduced to a lower standing than what they ouglit to have been and 
that they are goeiug home to liave their grievances Kedrcss'd ; all which 1 
apprehend nuist operate greatly to our advantage. I had an Intimation 
within ;i few days past as if Col. Kichmoud was going liome to Try if (as 
a recompence for his galliant behavour at Cape Britton) he conld gett 
your Cxovermt and by some Expressions which lie drop't wlien in company 
\vith me Just before y' Court was Disolv'd I believe tliere is something In 
it; however I don't think it will Ik- of any Dcsservis to us. I perceive bv 
y'"* you have not as yett seen Mr. Shirl)urn But that yon Intended to very 
.shortly. I shoukl be very glad to be favour'd with a line from him. Mr. 
Eoye and myself Did Design to have taken a ride y way, but Believe we 
shant be a))le to accomplish it now, as I have aliair of some iuiportauce 
coming on and Election l)eiug so nigh must adjourn it till afterwards." 

Sir your most oblig'd and 

Very humble Scrv' 

Isaac Kovall. 

To the Hon''''' Rich'' Waldron. Esq. 



(No. 10.) 

From Mr. ~\VaJ<lroii to Col. Itoyall. 
Sr— 

I rec' yo'' Eavour of y'' ;i<i''' April which I could not answer at y<^ return 
of the Post, nor have I had any thing ^Material to offer since, nor indeed 
should I have troubled you now but on a Busyness which I think will oper- 
ate Avell toward promoting the grand Design— it is to pray you to seal and 
forward the incloscnl to admiral Warren through the hands of your friend, 
and to recommend the case of Mr. Sherburne to the Admiral if y^' think 
proper, who has ;i personal knowledge of him. Mr. Sher" intends liome 
iu the Fall, and if he goes w"' a live zeal.^ will give ;i good Lift to w^ we 
Intend. 

The letter is sent open that you may see the contents, and what it in- 
closes which has made the Don and his Dupes almost outrageous, and 
some of them tell Mr. Sherburn he is used only as a Cat's-paw to hurt the 
Govi'^ interest at home «&c. 

The Term of the Breseut Assembly is drawing to an End, the 4"' of Junt- 
compleating their 3 yeaivs which will be noAV soon at an End, I would tain 
hope we shall be able to make some advantage of the new choice, tho' I 
expect we shall liave greater struggles than ever there were before, the 
(Jovi' and Council having granted several new Townships, for no other 
purpose as I suppose but to augment the number of votes. I am now at 
Cochecho, so can't answer any Particulars of your last letter not having it 
with me. The inclosed papers were sent me this morn from Portsm*' by 
Express which I pray may be forwarded by first conveyance ; ))eing for- 



50 PKOVINCE UF XE\V-IIAMr,SIIIKE. 

warded they can't fail of l)eiiig .scrvicable to our Design. I expect 1 siiall 
quickly have occasion to write .you again & in tlie mean time shall be glad 
of a line at the Post's return. 

I am, Sir, yo'' most obed' humble 
seryt. 
Indor.sed — -'Copy to Mr. Koyall 
May 2G, 1748." 



(Is'o. 11.) 

I'rom Coll. Eoyall to Mr. Waldron. 

Charlestown June 17'''^ 17-tS. 
Sir— 

I rec ' yo'' favour of the 2(J of May with y<^ Pacquett Inclosed & as I ap- 
prehend it will be some service to ye proposed scheme agreable to yo'' De- 
sier shall write the Admiral as well as Mr. Befhell in favour of Capt. 
Sherburn pr Capt. Fones & forward the Packett. I am glad to heare Capt. 
Sherburn Intends home himself because the affair by his being on ye spott 
is likely to be pusht Avith greater vigour. As you mention y^' l)on & his 
Dupes are upon y<^ high Popes, I think it ))est & most likely to serve the 
affair, for my name to be kept an Intire Cecret because I am apprehensive 
it if should be known I am concerned there will be the gi eater opposition 
made against it, and it may be a very great Damage to me if we should 
not succeed. I am not very well or should Avrite more largely on y« af- 
fairs, but as you sa}' .yo^' Assembly is now near being Dissolved antl a new 
choice will speedily come on, I am of the opinion it would much promote 
the grand Design if yon would accept of a seat in the lower house : how- 
ever I hope yo>' Assembly will consist of such men as are agreable & will 
serve the publick Interest. If we should have occasion to forward any 
other papers pr Capt Fones please to send them timely & I will Inclose y 
same. I should be glad to hear from my friend Mr. Henry Sherburn to 
whom please to give my servise. I desire to know Avhither you have 
heard from Gov'' Belcher on this affair. 

I have not to add but that I shall l)e allways glad to hear from you as 
often as occasion Kequires, and Kemaiiie with all ]3ue Pegardfi to y'self & 
i.ady. 

Sir. yo- most Humble 
serv' 

Isaac Rovall. 

P. S. ^1}' servis to y" son from whom a line would be Exceptable. 

PiCH'' Waldrox. ES(1S. 



(Xo. 12.) 

From Mr. Waldron. to Col. R<)}/<dl. 
Sr— 

Yo'" Favour of y'' 17^'' curr' I have by y^post, am glad you Rec<' my Packet, 
and y' you agree in opinion w"' me, y' it may be of some service to our 
Design, and am obliged in Capt. Sherburn's behalf, y' you'l forward it by 
Fones, and write to ye Adm' and Mr. Rethell in his behalf. You may de- 
pend I shall be cautious as to what y" hint, in regard to the mention of 



COKKESrOXDENCE. 51 

,your name, tlio' a Gentleman told me not long since lie perceived there 
were some private steps taking- towards y*^ removal of the Don, and sun- 
dry persons were guess'd at for y*^ intended succession, but s'^ he guess'd 
Mr. lioyall is the man, which was mere conjecture, for I am sure, that 
person never had y^ least Intimation directly or indirectly of such a De- 
sign. Our Assem. was dissolved y^ -t curr' w^'^ was y last day of their 
;5 years. No writ is yet issued for a new one, which is a matter of won- 
der in this time of Avar — it is that the Don is afraid to come to the Tryal, 
which is the reason of the omission, ijut I think it can't be long Ijefore 
he must come to it. I am not without Tho'ts (if I should be chosen) of 
taking a seat in y^ Assem. purely for y^ sake of advancing our Design; but 
how y*^ case may be, is at present an uncertaint}-. I am o'oliged for your 
otter of forwarding other Papers by Fones. I cannot tell why Mr. Sher- 
burn has not wrote you, as I desired him several times, but I think 1 am 
sure it is not l)ecause he dislikes our scheme, for he has lent me the Jour- 
nal of ye Asseml)ly w"'' he kept himself, for his own satisfaction, that I 
might pick out of it what would serve towards a Complaint. I have no an- 
swer yet from Govi' Belcher, l)ut expect it Aveekly. My son has been near 
a month at Cochecho, and has Ijeen ill the major part of the Time, but you 
may be assured is as full in the scheme as ever, and more so perhaps than 
any other man, and leaves no stone unturned to make and strengthen a 
party in favour of it. I shall acquaint him av"' av'' you say, and when he 
returns to Tortsmo' I believe you may depend on a letter from him. 1 
have been in an ill state of health of late and am not Avell noAV, av*^'' must 
excuse me from anything farther at present, than my couiplim's to your 
self and Jjadv. and sa^ying that 1 am, Sir, your most humb'. serv'. 

If. ^v. 

Indorsed — " Answer to Mr. Koyall 
June m, 174s." 



(No. 13.) 

Col. Royall to 3Ir. Waldron. 

[Extract.] 

Charlestown June 28"' 1748. 
Sir— 

" I rec'^ your of the L'4"i Instant pr Post & am glad to hear you are so much 
Disposed to accept of a seat in y« House upon your being chose. I can't 
but think it will be of singular service. 

'• I am ol)liged to you for y^ assurances of secreting my name wliicli I am 
still of y^' mind will be best; as to that Gent'" you mention Avho guessed 
me to be y'" person as it Avas nothing but mere conjecture, I beg the fa- 
vour that he may not have y<^ least Intimation tiiat might strengthen him 
in his suspicion but that you Avould use y'' Endeavours to put him oft" the 
scent. 

" It is not a little surprishig tliat Avrits foi' calling a new Assembly arc 
not as yet Issued ))ut I think tho' I don't very well know the circumstan- 
ces of y Government that Fear and Danger should not prevent or hinder 
its being done, but Ijelieve this Avill be no Damage to our Scheme but of 
servis. 

" And as the Don has a scheme on Foot doubtless to carry an End his 
own Designs so I doubt not you & others Avho have y'' Eyes open & are 
aAvare of it Avill Endeavour to* Defeat him in all Destructive schemes and 
be Expeditious in bringing to perfection y oavu projections Avhich may be 
of service to the Avhole Government. 



52 PEOVINCE OF KEW-HAMrStimE. 

" Gov'' Shirley luis prorogued y^ General Asscmbl.v to the 13''' of Sep- 
tember next in order to proceed on a Journey to Albany to Treat Avith the 
Six Nations of Indians l)ut before their rrorogation he prevail'd so far as 
to get y-' Court to send Commissioners with him who were to set out this 
da3^ 

" A letter from Gov^' Shirley was wrote to y Gov. concerning ihe said 
Treaty. In answer to which Mr. Wentworth Avrote (which Avas laid be- 
fore our Assembly) that your Courte was Dissolved and it Avonld be some 
time before a new one could Yjv. got together and therefore could not do 
any thing about it, but that he was well pleas'd that Gov Shirley Avas 
going in" Person and made no doubt ))ut that he should gitt y« Assembly 
Avhen mett together into such measures as should be agreed upon and 
generously pay their proportion, or to that effect, — this to y'' self. As 
you say the Reason of Mr. Slierl)urue's omitting to Avrite me is not out of 
ioislike to the scheme therefore I conclude it is hurry of business but 
hope it Avill not be long before he Avill let me have the pleasure of a Line. 

'• I Design shortly to Avrite him and should have done it before but Avaited 
to hear from him. I perceive you have not yet heard from Gov Belcher 
wdiich I a little Avounder at anil also that I have not heard from him tho' 
it is some' months past since I Avrote him a congratulatory Letter on his 
arrival at his Government hoAvever hope Ave shall both have an ansAver 
from him in a short time. You inform me y' your Son has been at Co- 
checlio for some time past and has been sick there Avhich I am heartily 
. sorry for. I doubt not but he Avill do every thing for ye advantage of the 
■ scheme and that he Avill leave no stone unturned to promote ye same, and 
that I sliall hear from liim on his return to Portsmouth. Should Ave suc- 
ceed I shall always have a GreatefuU sence of your kindness and En- 
deavour to make Due Returns to y'' self & Son and all other my Friends 
that shall promote & serve me in the affair. 

" As my Friend the Rev^i Mr. Whitefleld is uoav gone from Bermudos to 
Loudon Avho is a very popular man no doubt some of the Grandes there 
are his Fi-iends, and being about to ansAver a letter of his to me from Ber- 
mudos I have some tho'ts of connnunicating to him our design & Engage 
his Interest therein, he has a very high esteem and regard for Mr. Sher- 
burn, I believe it would be of service if he also Avrote him concerning the 
same, if it is agreeable to you, if not Desire you to let me knoAV y' senti- 
ments thereon. I am Avell assured he Avill lay himse-lf out to serve me to 
the utmost of his poAver." 

"I remain, Avith my best respects to y»' self & Lady (& compliments to 
.your son, &c.) Sir. your most obliged and very humble Serv''. 

Isaac Eoyall." 
Mr. Waldron. 



(No. U.) 

Coll. Royci^U to 3L\ Waldron. 

CharlestoAA'u, July 18*'' 1748. 
Sir— 

I rec'^ yours of tiie 1 & 8 of this Instant by ye Post and perceive you have 
at last heard from Gov^' Belcher Avho Avrites he sees no Remedy for ye 
oppress'd but a change, and that the Gent" you mentioned is able (I sup- 
pose he means me & sliould be glad to know if so or not) but the sum 
proposed he thinks not sufficient. I should think five hundred pounds 
sterling Avhicli I have ordered to be advanced, if need be, is sufficient, and 
I think I mentioned it to you in a former letter, l)ut if that sum should 
not be enough I shall not be backward to go something further. 

In yours of y'^' lirst July you mention Gov'' Belcher's mistaking ye Dates 



CORRESPONDENCE. 53 

of yr Letters & so u'iviiig' an auswer contrary to Expcftatiou ami then Re- 
cite a paragraph from his Letter tliat lie thought y atfair Dyed in Embryo 
>!c so needed no particular answer, but then what you mention, directly 
after seems to look Discouraging as tho' he was not so hearty in the 
affair as you at first Expected, which 1 am sorry for. I suppose by y^' 
affair being carreid thro' in case you should have an agi'eeable assembly 
without Foreign Assistance you mean witliout Gov Belcher's Assistance. 

I am sorry he mistook what you wrote about, however as you liave 
wrote him again & therein rectified y*^ mistake & give liim a True state of 
y*^ case, I hope you will in a short time Receive an agreeable Answer. 

I am surprised you have no precepts Issued for calling a new Asscm- 
l)ly, pray is y' Constitution such that the Gov nniy Defer it as long as he 
pleases — if so perhaps you won't have one this year. 

As to what you mention about the 111 success political affairs meet with 
in ye hands of y« Cleargy &c, I am Intirely of y- mind that is not Iiest to 
have to great Dependance upon them in such affairs inGenearal, but hOAV- 
ever am well satisfied that I may with confidence Rely on Mr. White- 
field's Friendship in this affair, and ;is he is a popular man tlio' he may 
}iot l)e Imediately acquainted Avith any of the ministry, yet he may be 
acquainted with Gent" of sum Influence there who may be serviceable in 
tins aflair. # 

I am obliged to you for y care in delivering my letter to Mr. Sherburu. 
I have not as yet Rcc*^ an auswer from him but when I do will acquaint 
you thereof as you Desier. 

Our G r has been waiting for tlie Packett from Englanil above a 

fortnight spending tho greatest part of his time at y'^' Castle as I have 
l)een informed, l»ut is at last set out on his journey to meet the Indians. 
Doubtless the ])recariousness of the times occasioned Jiis Tarrying so- 
long to write his friends at home that he might sti-engthen his interest 
there, & apprehend he would not have gone till he had receiv'd Intelli- 
gence from home could he have well avoided it. 

I have nothing new to acquaint you of but refer you to ye Independent 
Advertiser in which are some smart strokes upon our Don, which paper 
I suppose you take otherwise should have sent it to you. 

I have not as yet answer'd y" letter (iov'' Belclicr sent me and think to 
Defer answering yf same till sucli time as yon liear from him again, by 
that time shall i)e better able to Determin whether it will be Rest for me 
to mention y'' scheme to liiin or not. 

I have not to add but that I am with all Due regard— Sir— your most 
humble serv' 

Isaac Royai.l. 

P. S. ye Gov ifc his Friend Ylv. Waldo is fallen out. My Complements, 
to yo'' Son. 

To Rich'' Waldron, Esq. 



(No. 15.) 

3fr. V/akhxu) ^> Coll. Boy all. 
Sir— 

■ I wrote you y? 15!i' July, liut whether any L'tf reach'd y" 1 don't know.. 
I reed yo'' Favdur of y>^ 18 of y<^^ same month Ijy ye Post and had prepar'd an 
answ>' for his return." Init beiiig sur]irised w^'' some Hints on y" Post morn- 
ing which threatened the overthrow of our Design. I tho't proper to stop 
it till I could get farther Intelligence, and by ye Information I have had 
there is no doubt with me. but "that a powerful Interest is already se- 
cured for a Gentleman who luis merit to plead as well as money to en- 



54 PROVINCE OF NEW-IIAMrSHIR]:. ' 

force Lis request. I am under an obligatiou to keej) iiis name a secret, as 
I am not to mention yours. However Justice obliges me to say tlius 
mucli, lest you should run hood Avink'd into a fruitless Expense. This is 
quite an unlucky Jobb in regard to our iScheme, Init as you now know it 
you may tlie better judge what resolution to take, and may depend y* as I 
first engaged in yo' Interest, if you resolve to prosecute your Intention, 
you shall have all my Assistance, tho' the prospect of success be ever so 
small. I have said something to Sir. Foye on this aii'air, -who will shew 
you his letter. 

I shall i)e glad of a Line from you l)y the Post, and to know what Mr. 
Sherburn lias said to you who has l)een at Bostou, and I suppose visited 
you. I han't seen him since his return. 

Indorsed — '• Copy to Mr, Royal). August o, 1748." 



(No. 16.) 
Col. Royall to Mr. Waldron. 

Charlestown, August 12^'', 1748. 
Sir— 

I Kec" yis. of the l'> July but have been prevented Answering the same 
by Peason of a Boyl on my finger Avliich has Troul)led me nmch but is now 
better. I also liec^ y''= of the 5t'> Instant pr Post upon reading of which 1 
found some things very shocking to me & stumbled me pretty much at 
first, but upon Ilecollecting of wiiat had passed between us, and your re- 
peated Kesolutions to pursue y^ proposed scheme, as well as j^ good & great 
opinion I had entertain'd of y^' Integrity & stability made me think you 
could never go from a thing which y" yourself had projected, after not only 
you but I had so deeply engaged therein here & at home. 

You know Sir, it was with great Peluctancc I at first determined to pur- 
sue y'^' scheme l)ut having the greatest dependence upon yo'' Friendship ^ 
assistance which was a great Inducement to me, I ventured and Avas De- 
termined to use my Indeavors to Peleave y^ Distress'd people of y Prov- 
ince to y'= utmost of my power and uoav to see you at a stand & almost 
Heady to leave me lias something of a discouraging aspect, but however 
as I am so far ingaged I can't with Honour go back, therefore am Deter- 
mined to pursue. 

I observe you Kec' mine the 18''' July & had prepared an answer, Init 
being surprised with a hint that threatened y"^ overthrow of our design 
you thought proper to stop it &c. I should have been glad nothing had 
prevented it — as to the overthrow of the scheme tho' you are in no doubt 
there is a powerfiill Interest made for some other Gent" yet I can't thiidc 
if you are determined to pursue the thiug & continue still attached to my 
Interest we have any need to Ijc Discouraged for I am Pesolved to spare 
no pains &c. to obtain the thing and have already wrote to my Friends to 
Engage them and their Interest on my side according to your Desire and 
as I have in every step pursued your directions Pespecting this att'air, I 
still expect a helping liand from you. I have given you the greatest as- 
surances tliat I would serve you to the utmost of my power Avhich that 
you may see I am still hearty in I again Penew' & do assure you that let 
the person you hint about be who he will if S'' William (1) himself I shall 
not be Disheartened but am determined as I am Engaged not to be so 
childish as to tjive out, but prosecute y^ Design with y-' utmost vigor and 
you may assure yourself no man can Ije more hearty to seek the welfare 
of your Government & the promotion & advantage of yi' self & ftxmily than 

(I) See William Pepperill. 



CORRESroNDEXCE. OD 

nij-self should I ever attain the thing. Mr. Foye was so good as to shew 
me j^'s to him & he aj^peared as greatly surprised at first at what you wrote 
as I could be. 

t am oblige to 3'ou for the kind assurances you give at the close of yi' 
Letter to him that you shall continue to pursue the affair if I am deter- 
mined to go on : I do assure you my Resolutions are still the same and I 
think the sooner a push is made the better. I am not for loosing auy 
time, therefore I think it would l)e l^est for you to get Ready to send by 
y6 next ship and to Inclose the proper complaints as soon as may be that 
i may forward the same and write home to all my friends to make a strong 
push IinmediaLely having already prepared the way — as to what you men- 
tion in y« Postscript of JNIr. i'oye's letter about, Engaging Mr. Foye or 
some other gent" to go home and solicit the alfair, I can't think there will 
be the least occasion of it as my friend Mr. Bethell is a member of Par- 
liment «.<: of considerable Influence & Mr. Dunbar my other correspondent 
is W to (tOvi Thomas who is a gent" of great Interest there and Gov 
Thomas is a friend of mine and I believe they Avill pursue this afiair to 
serve me to y« utmost of their power. I have wrote all of them fnlly pr 
Capt Fones and thej- must certainly be better able to manage this afl'air 
than any person sent from hence tho' never so capable. 

1 forwarded Capt. .Sherburn's Packett agreea])le to y Desire to S'' Peter 
Warren pr Fones and wrote him full >.^- Mr. Bethell also in iiis favour, antl 
let S^' Peter know something of the ditlicultys you people labour under but 
nothing about m.y own atlair not thinking it prudence at present to let him 
know my designs till we are i)repared with ('(unjilaints to send home 
which hope you will take care to forward me Innuediately that I may send 
itliem ]»y the next ship which is owned l)y my friend Mr. Bethell. The 
Capt. dined with me last Saturday & I expect him i^c Mr. Belcher to lodge 
with me to night, he will sail in about a fortnight , as lie is a man of good 
sence it Breeding his l)eing personally acquainted witli me may be of no 
diservis to y'^ affair in hand. 

I shall be glad to have a full and parliculiir Answer to tliis ami also to 
mine of the IS July Oc as Mr. Foye Informed me he forwarded a Letter to 
30U from Gov Belcher, if he writes any thing concerning (mr Sciieme shall 
esteem it a favour to know his sentiments. 

Mr. Henry 8herl)urn called at my house it Breakfasted with me in his 
Avay from Portsmoutli Init l)eing up late y-' night l)efore was kept abed later 
than usual so that I had not above two lionrs conversation Avith him & he 
tlien appear'd to be (piite hearty in y^' skeeme. I had some expectation 
he Avould have called at my house in his return home Avhen I purposed 
more fidly to Discoursed with him concerning the grand affair. l)ut as he 
did not I Avas prcA'cnted. hoAvever I liave great Reason to think he Avill use 
his Interest for me. I Desire every tiling may be conducted Avith as great 
Secresy as the nature of the thing Avill admitt of. I remain Avith all Due 
Regards to y'' self & Lady, S^ your most Huml)le Serv. 

Isaac IvOVAll. 

P. S. If Capt. Sherburn inclines to send Duplicates of Ins Letter and 
Complaint Lett them be sent & I Avill forward them. 



(X.>. 17.) 

Mr. Waldron to Coll. lio>/(dL 
8r. ^ 

I have ]jy ye Post your FaAOur of the 12"' curr*. Ijcfore I proceed to an- 
SAver it in form, I must take leave to premise (Avhich I hope Avill give you 
no offence) that 1 have seen more than fifty years & never had my Honesty 



50 PROVIXCE OF X'EW-HAMrSIIIKE. 

suspected or my Faithfiilliiess to a friend oall'd in question, that I Ivuow of 
to this day, unless some intimations in your Letter are of that Complex- 
tion ; on tlie contrary permit me to produce one witness in my Favour, 
])eing perhaps is as good a Judge ))oth of Men and Things as any Gen- 
tleman in tliese parts, who says in a late letter to me, •' As you have for 
near 18 yrs past approved yo'' self worthy of being one of my Cabinet 
Friends," &c. It is true that what I Avrote was discouraging and should 
I not ha^■o ))een a Traitor if I had ^vithheld it, as I was assured what I 
hinted ^vould interfere with your Design and threatened its overthrow. 
But did'nt 1, wlien I intimated the danger, give fresh assurance of my 
steadiness to your Interest in case you should continue resolved and if so,, 
wliy tlieu you say, '1 hat you see me at a stavd arid almost ready to leave 
you, and Again, if I am determined to pursue the thina, and continue still 
attach'd to yo'' Interest, — which expressions signity that you were doubt- 
full of my steadiness. I dont lind upon a Kevie^v of my copy that I have 
given any cause to have my Integrity suspected and am sorry that my 
honest and friendly Intentions in warning you of the Danger of spending 
yo'' money fruitlessly, should be misinterpreted to my Disadvantage. How- 
ever I am y« same man and have y same purposes juid resolutions, and to 
speak once for all, so long as you persevere you shall lind me steadfast. 

In answer to yo^' letter of y-' 1« Ult. the Person whom our Friend at the 
soutlnvard says is able could mean )io Body but yo^' self, because I men- 
tioned no other Person to him. I think there is nothing more in it that 
reciuires a particular reply, :ind as to yo^' last, my having said you shall 
find me steadfast, is a full answer in few words to the maj^' Part of that; 
but it would be unjust in me not to own that the .Spirit of it speaks you to 
he a Gentleman of generosity and lesoluticni, and ^vorthy of what you are 
aiming at. As you are determin'd to pursue the atl'air I am glad you have 
taken the steps you mention, w'^ may be of service in preparing the way. 

I am obliged for the renewed assurances of your friendship in case of 
success. 

I am glad C'apt. Sherl)urn's Papers are gone forward, and thank you for 
ottering to send Duplicates. I have a letter from our Southern friend sent 
me last week ])y Mr. Foye, who will not liave his name mentioned in y^' 
affair at pres'. I lind he was mistaken in y" date of my Letters as I here- 
tofore hinted, and being now set right, I have no doubt of his Assistance 
after he has conversed with Mr. Foye. I have not seen Mr. Sherburn 
since he return'd; I sent him yo^' Letter yesterday noon; Yoiir other to mj- 
son went last night to Cochecho (where he is.) I am almost weary of 
waiting for an Election, and if we han't one soon shall be for moving y^^ 
w^aters without * * * nmch longer, tho' it may be Detrimental in the 
new choice. 

Willi my Compleni'S to your self and Lad_v, 
I am, Sr, yo'' most humble Serv'. 

K. Waldkox. 

3Ir. Royall. Pr Post. Aug^' PJ, 1748. 



(Xo. IS.) 
Coll. Rnyall to Mr. ^Valaron. 

diai-lestown. August 2fi<'i 1748. 
Sir 

I Pec' yours of the ID-f' Instant pr post and am fu'.Iy satislied of your 
steadiness i^c integrity to prosecute .v' i)ropo:-cd rch.cme. I must ac' nowl- 



COKKESPOXDEXCE. 0< 

e(\ge that upon y" iinst sight of your Letter of the .")''' currt. I thought you 
"Were not quite so hearty as I could wish Init upon Keviewing the same 6c 
comparing it witli j'ours to Mr. Eoye I found my self agreable mistaken 
not oidy from the strong assurances you therein gave me of y'' being 
heartily attached to my Interest but from your known Integrity & .Stability, 
and aske pardon that I mistook y^' Letter and wrote you as I did. 

I do assure you. Sir. tho' you thought by my Letter I was in Doubt about 
j'our steadiness, I have now not the least Koom left to suspect y^ same 
but with the utmost Dependence Eely on jour faithfulness >yc Integritj^ to 
me & I thank you for your strong Kesolutions to persevere so long as j'ou 
lind me steadfast. 

I assure you I am Determined to pursue the scheme at all adventures 
(since I have ingaged in it) steadily & secretly & that Avith the utmost 
Vigour. I am exceedinglj' pleased to find our Friend Gov''. Belcher ap- 
pears so hearty in the thing iJc make no Doubt of his Friendship which 
Avill be of great service to gain y'- point 6c you may l)e assured that his 
name will not be mentioned by me. 1 should be glad as there is a Com- 
petitor to have everj' thing pushed forward with all prudent speed Espe- 
cially as to y'' matters of complaint that they may go forward by ^Ir. 
Betliell's shii). for I wrote him that by y*^ next tliey would be sent forward 
— this being y« needful! at this time, I remain witli all Due Begards to your 
self >.<: Lady 6c Family, Dear Sir, your most 
Assuretl Friend and very 

lluml)le Serv'. 

Isaac Kovai.i.. 
P. S. 

1 am determined in my own mind 
to take a journey Avith Mr. Foye to Burliuglou (1) 
if j'ou should think it best, so beg you W(niUl 
give me y'' advice on this head. 



(Xo. 10.) 

Jlr. W(f/fln»t to Coll. R,>,/all. 
Sir— 

Yours of y l'G:ii Aug'* is in Hand 6c am glad to tind that your suspicions 
are removed, which makes it inniecessary for me to give any fresh assur- 
ances of my friendship and assistance, especially as I have repeatedly 
said eno' on that score already. 

I am glad also to tind your resolution so lix'd, which is a good omen of 
success, and I cannot ])ut Hatter my self y' y"* a fair probability of gain- 
ing the Prize unless it should be Ijestowed as a reward of personal Merit 
for services alread^y done. 

It will be impracticable to get a complaint sign'd within the time you 
mention, for my sou who must manage that part, must be a fortnight at 
least in his saddle, before it can be accomplish'd; beside, we shall un- 
doubtedly meet with delay, at y'^ Secretary's ottice, for Capt. Joseph Sher- 
burn l)v my advice api)ly'd thei'e for the Seal to authenticitte copy, and 
was told if he w'd adil such other Copys as tlie Gov'' had dlrect<'d he 
might have it, which he refus'd to do, and so had it not. I will meditate 
on something or othei', if I can ag'*'^ y^' next Post to l^e forwarded to your 
Friend in his own Ship as a Prelude to what may follow. 

As you are pleas'd to ask my advice touching a Journev to Burlington, 
I reply, that it is m_y opinion that it Avill give you great satisfaction, as 

(1) Burlington, X. J.-Ek. 



^8 riJOVIXCE OF X'EW-JlAMr>SIIIl{E. 

the Geiitk'iiuui Avliom you visit cuii ,i;ive the best of Council, and as I have 
reason to think lie will be quite hearly hi his advice to promote your 
Design. 

Your Letter to my sou I forwarded to him last Night at Cochecho, the 
last Time I saw him he said he Avould see you as soon as he could break 
through his ]]usyness. which at pres^^ is pretty urgent. Mr. iSherburn I 
have not seen, since he saw you, which I a little Avonder at. especially as' 
he has pass'd lately within 30 rods of my ])oor. I am, &c. 

Indorsed—" Copv to Mr. lloyall ' Pi. W. 

Sept. 2'". 174,s."" 



(No. 20.) 

Mi-. IValdro?/ to iSUngshj/ JjetJielU JSsq. 
.Sir. 

Will y" be pleas'd to permit a stranger to address y"? It is on a matter 
of Importance, else I should not have taken the Freedom nor would that 
excuse me, was it not in Behalf of one Avho is in y^' Friendship, and has 
already wrote you on the sul)ject. 

Isaac Koyall, Esc]. is the person I mean, who being a Gentleman of 
Character, and an attiuent Fortune has upon those considerations ))een 
sollicited for his Assistance to relieve a distressed People from oppres- 
sion, and has generously yielded to open his Purse, and to employ the In- 
terest of his Friends for their Deliverance. 

I W'as in Hopes e'er this to have forwarded a Complaint ag^* Mr. Went- 
woith the present Gov'', exhibiting some parts of his male Administration, 
but several Impediments successively occurr'd, which have hitherto 
obliged me to ]H)stpone it. 

I think I shall lind the way now clear to bring it soon to a head, wliicli 
when accomplished, Avill be immediately put into Mr. IJoyall's hands tol)e 
sent forward. 

The substance of the intended Coniphunl is an invasion of the civil 
and religious rights of the People, superseding a Law, arbitrary remov- 
als of Judges, partially bestowing most of the places of Power and Prolit 
on his relations, endeavoring to destroy the Independency of the Geni 
Assembly', taking money out of the Treasury without an Act for it, and 
cashiering and reducing worthy and brave officers, Avho served at the 
siege of Louisbourg, and were again engaged in tlie intended expedition 
ag*-* Canada, cum multis aliis, the particulars I refer to the Complaint it 
self, when you shall receive it. 

Mr. Poyall kuoAVS not of my writing this Letter, but I shall send it 
him this Day liy the Post, to be forwarded, if he approves of it. and Avill 
1)e my Apologist for presuming to commence a correspondence Avitli an 
unknoAvn Gentleman of yo^' character and station, or to be Avithheld, if he 
judges I have Assumed too great a Freedom, 
I am, Sir, vo'' most obd' and most 
humble serv* 

R. W. Portsm" 
in X. H. in N. E. Sep', is, 1718. 

I cant help anticipating the Complaint by giving 
a sketch of our Family, kindred, Governm'. Avhich 
3'ou'l find in the enclosed Paper. 



COKEESPONDEXCE. 59 

(No. 21.) 

Col. Roy all to Mr. IVcddi-on. 
Sir— 

I Kec'i yi' kind c<: Aery agreeable Letter of the 2'' Instant (but not before 
the Post Keturn -which prevented my answering it hist post) wliicli gave 
me great satisfaction & Incouragement to think tlie Report you had of Mr. 
Huske.s l)eing appointed Gov^' is groundless or you Avould have mentioned 
it in j'l' last. 

It v»-ould I)e greatly pleasing to me to see y'' Sou and hope before I set 
out for the Jerseys I shall be favoured with a visit from him when we can 
more full}- converse about all affairs. 

I am sorry the Complaints can't be got Read}' to send prm\' Friend Mr. 
Bethell's ship but however am glad to hear y*^ purpose to send a specimen 
to prepare the way and if you can send the same pr next Post I believe 
will come just in time because the Capt. who Dined "with me last Satur- 
day with Mr. Foye &c. and spent y Sabbath Avith me Informed me he 
could not get ready to sail 1)cfore the latter end of next Aveek if then — I 
have had considerable Intimacy with the Capt. since he has been here (it I 
thiidv him to be a man of good sence, he Avas formerly consul of Naples 
& has been a vcr3' great Traveller — he has Expressed to my Friends a 
great Esteem & Regard for me and has declared that he Avould do me any 
.serA'ice in his poAver, therefore if you think proper (as Mr. Foye thinks 
it Avill be best) just upon his sailing I will connnunicate the affair to him 
Avhich may l)e of consideral)le service. I beleive 1 may rely on his Friend- 
sliip that Avhatever I communicate to him will not be Devolged to any 
only his and my Friend Mr. IJethell wher he nn-.y often Avhilst in London 
Remind him of the s'' affair. ]>ut if it is not agreeable to you I will not 
do it, as I am Determined to do nothing in this affare without your ad- 
vice, seeing you Avere the first projecter. 

I should be glad to know Avhat i)osts ar in the (Jovernors poAver to give 
aAvay. that if the Secretary's post or any other place you Desire is not in 
his Gift I may write to my Friend by the same conveyance to obtain that 
or any thing else for you and some thing for your son Mr. Thomas (1) in 
case of success. 

I am obliged to j'ou for forwarding mine to your son. Since my last i 
rec' a very kind& frieudlj' Letter from Mr. Henry Sherburn Avho Informs 
me the Reason of his not waiting on you was the great hurry of business 
he Avas in but purposed shortly to see you, he writes very Incouraging 
and I believe is heartily in the thing; I hear your Don and some great 
men have l)ought Masons Right so called, which I apprehend will hereaf- 
ter make great contention amongst the people in y^' province, therefore 
Avliether it is not l)est to look out in time to prevent future Dillicultys 
(but this to y'' self) being y*^ needful at present I Remain ^vith my best 
Respects to y»' self ot Family 

Hon'' & Dear Sir, your 
Hearty Friend & very 

Humble Serv^ 



Charlestown, X. England 

Sept. IL', 174.S. 



IS.VAC ROYALL. 



(1) Mr. AValdron's Son-s n.niiie was Thomas AVcstbrook Waldrou,— Ed. 



^0 PROVINCE OF NEW-IIAMrSHIRE. 

(Xo. 22.) 

J//-. Waldroii to <U>1. RotiaU. 
Sr. -^ 

I have yo' favour of the 12*'' cuvi-t I am glad my letter of y<^ 2^ was 
aijrceable and encouraging. I have heard no talk of the Bermudas news 
lately, and as several ships are arrived from England, since that report 
was tirst spread and have bro't no conflrination of it, it was doubtless 
without Foundation. I am sure my son would be as glad to wait on j-ou, 
as you could be to see him, Imt I'm afraid it will be too hurtfull to his in- 
terest to move just now. I entirely acquiesce in your communicating the 
Design to the gentleman you mention, who assuredly Avill not hurt but 
may help to promote it: Great nuichines have little wheels, and the 
greatest Buildings small pins, so in State Matters, great Events arc 
sometimes promoted by petit Instruments, yo'' complm*s in saying you 
shall do nothing in ye affair without my advice, will always be a stimulus 
to my zeal, and an oljligation to my giving the best that my capacity will 
aft'ord. you ask what Posts are in the Gov's gift. Yoy answi' take a sketch 
of our Constitution — the King appoints the"(4ovi' and y<= Lieut Gov when 
we liave one, and the Councillors l)eing 12 in numl^er, -when ye Board is 
full; thcGovi' appoints the Judges & Justices w'^^'' sh'^ be done with the ad- 
vice of ye Council according to y® s'l Instrument, but that has not always 
been observed ; he also appoints the Secretary, Treasurer, Sheriff, Regis- 
ter of Probate, and the Military Officers ; all w''' appointm's are in the 
Crown itself if his Majesty pleases, for we luive no Cliarter, and the Gov'*" 
Commission l)eing the Foundation of the Governm*. The Gene!' Court ap- 
points the Register of Deeds claiming the right by prescription, and the 
Supi' antl Infi' Courts appoint their Clerks by authority of the Law, but 
those Clerks are generally recommended by a"^ letter from the Gov''. The 
Councill's and Representatives have (I thin]:) the same wages as with 
you, the Judges of the Superior Court have no salary, and each saves per 
haps .") or 10£ pounds a year new Ten'' out of their Fees; the Judges of \-e 
Infer'' Court may each proba1)lc save ab^ 2.')£ a year. The Secretary's al- 
lowance and honest perquisites may amount to about 70£ a year. The 
Treasnrer Avho is also Commissary makes good earnings in Time of war; 
I cannot guess what, but in peace I l)elieve his office is'ut worth more 
than 40 or 50£ a year, the Clerk of the Superior Court's office is worth ab" 
oO£ a year, and the register of Probate's the same. The Clerk of the In- 
ferior Court's office and the Sheriff's are the two best offices in the Gov- 
ernmS and are probably worth near 125£ a year each. The Judge Pro- 
bate's office is worth from 20 to 2;'3£ a year. Thus, Sr, I have given you a 
touch of our Governmf, and of the jjlaces of profit within the same. But 
what I have said of the profits is merely conjectural, and not to l)e rely'tl 
ou. You are exceeding kind and obliging in offering to mention me and 
my son to your friend for any office not in the Gov'^ gift. I shall always 
acknowledge this as a verj' singular Instance of your kind regards. As 
to myself I can hardly find any Inclination to be further concerned in pub- 
lic affairs. I was in the Secretary's office 27 y"^, I was a Councill'', Judge 
of y- Inferiour Court and of Pro):iate. and Justice of the Peace ab' 10 y''* 
and these I think were a suficient share for me, especially as my da.ys are 
on the Decline and my sun so far beyond its meridien. 

As to my sf)n who is man of a good character and reputation, and in 
general esteem among the people here, and who deserves well both of his 
Xing and Country for his services at the siege of Louisbourg, he com- 
manding one of the whale boats which first landed in Chepeau-rouga Bay, 
and being one of the Captains that connnanded a Company in sustaining 
the advance Batter.y the first day it pla'd on the City, when the TrcMich 
was hardly knee deep, and no't 200 yards from the City walls. ni)on v.liicl! 



CORRESPOXUEXCE. 01 

the Enemy kept a continual Fire all the day Ijoth with Cannon and Mus- 
kets, and "where the volleys of small shot were like showers of hale, and 
for which he has been very illy reiiuited l)y Mr. W— iitw— th, I say with 
respect to him, I shall he lilad. tliat he may have some )uarks of your 
Friendship, as a reward of his Merits, in case of success, and l)e promoted 
in such manner as may be for his Interest and tlie public good. 

Be pleased to excuse Avhat I have said of my Son, for tho' it is no more, 
nor half so much as Justice to his character demands, yet I acknowledge 
it comes Ijut with an ill grace from a father's pen. 

There is one thing I have often tho't of mentioning namely, That if you 
should succeed and not constantly al)ide here, it will be almost absolute 
'necessary for your peace, tliat there l3e a Lt. GoV that you may confide 
in, otherwise you may meet with Trouble that is inconceivable, as Gov'' 
Belcher did from Lt. Gov' Dunbar, GoV Dudley from Lt. Gov Usher, and 
Gov'' Shute from Lt. Gov'' Vaughan, who always attempted to set the 
Province in an uproar, as soon the Gov''-* Backs Avere [turned] and to 
counter-work all their schemes, and there is no reason to think the case 
will l)e otherwise now, for Mr. Jaffrey, Gov' Wentworth's lirother-in-Law 
is sen' Councill'' who has the same full power of Governm' in a (Jovern- 
or's aljsence out of the Province, that a (Governor has liimself when he is 
in it, and there is a Party that will adhere to him and be like a nest of 
Hornets, wlicn he has power to support them. This is a thing worth your 
consideration unless you resolve on a constant residence here. I suppose 
a Lt. Gov'"* commission which is no otlier than a AVarrant of 10 Lines 
under the Privy Seal and may l)e had, for almost any Body for 5 or C 
guineas or ten at most, especially as there is a vacancy and no Ixxly to 
remove. Col" Duulxvr Avho was tlie last Jit. (tOv'', being appointed Ciov'' 
of yt. Helena and gone thither y'^* agoe. But then the Difficulty will arise 
Where is the man'/ 1 hope. Sir, you won't think I have said tliis to lead 
you to make me a complim' upon it. Xo, I assure you 1 Jiave no such 
"meaning, for if 1 had an Inclination my Prudence couhl not give consent, 
as I well know such a station nuist uiuivoidably be attended w"' a consid- 
erable expence without any salary or Perfiuisites to tlefray it, whicli my 
]nirse Avill not admit of; moreover, 1 am so l;xr from making this proposal 
in my own Favour, that I am not determined to ask to be restored to my 
place at the Council Board, from whence Mr. Wentworth illegally sus- 
pended me, or rather pretended to suspend me, for 1 find in myself a nuich 
stronger Bias to retirm'' than to hiunch again into the Busy world now in 
my advanced years. 

"l sent Mr. Sherlniru's letter to him yesterday morning, and that to my 
son last night. I am glad you appro\e of what I Avrote to Mr. Bethell ; 
but am sorry your journey is delay'd bee. I think it will be convenient for 
.vou to be at home sometime l)elbre the Mast Fleet sails w^'' perhaps may 
be ah' the 10"' of Xovember. I am ol)liged to you for ottering yo'' care of 
a Letter to Gov'' Belcher, whicli is what li'el expect from the hands of Mr. 
Foye. If I hear from you l)y the Post "tis proba))le I may write you again 
next week, be that as it will I wish you a pleasant and prosperous Jour- 
ney, and with my Compl""'" to yourself and Lady am — 

[Indorsed] "Copy to Mr. Royall 
Sept. It;. 174s."" 



02 riiOVINCE OF NEW-HAMPSHIRE. 



(No. 23.) 

Col. Hoi/all to Mr. Waldron. 
Extract. 
' Charlestowu, X. E. Sept. lO'h 174s, 
Hou''''e Sir, 

"I am obligx'd to you for y^ sketch yon give me of tlie nature ami con- 
stitution of y Province and y*^ posts of lionour and profitt tliat are in the 
Gov'* power to bestow, which I appreliend Avill be a great use to me, and 
I liave thouglits of giving a skctcli of some of them to my friend Mr. 
Bethell, Tho' I am afraid I shant liave opportunity of doing it by tliis 
vessel, as slie sails to-morrow & my pacquett is seal'd up. 

" I am fully satisfj'ed by other hands as well as by j'our letters of the 
arbitrary proceedings of your Gov'' in Illegally suspending you from the 
Council, and superseding you and putting his Brothers ikc. into the offices 
that you so worthily lilFd ; but Sir, hope ere long to have the pleasure to 
Restore you to all y'' former places again, wliicJi should I be so happy as 
to succeed, I assure you the service of y'' self & family shall employ sonie 
of my first thoughts, & hope a (ientleman of y Talents and capacity will 
not think to live a retired life when you may be so eminently serviceable 
to y'' country. 

'•I am sencible tlie character you give me of y'' sou, he well deserves 
& I have heard Coll. liichmon & several others commend him much for 
his gallant l)chavour at Louisburg, & and assure you Sir, in case I succeed 
nothing sliall l^e wanting in my power & I shall with great pleasure pro- 
mote & serve a young gentleman of liis worth & merit, and JiaA'e already 
wrote my friend in his favour. 

" With my hearty respects to y'' self Lady 

and famd}', I am. Dear sir. your sincere 

Friend & most humble serv*^ 

Isaac Poyai.i.." 



(Xo. 24.) 
Private letter front Mr. Waldron to G-oif- Belcher. 

May it please — 

I have wrote y'^ this day, and committed it to y*^ care of Capt. Huske, 
in Avhicli I omitted some things lest a too prying eye sh'd reach the inside 
of it. It is generally expected both at Boston and here, that the Don will 
soon be superseded, the candidates for the succession are K-tt-ry(l) Ro- 
domentado(2) and Sapling (3) 

The first I have reason to think has consented to the Ex''^ of a thousand 
yellow Boys, and will go further if need require to carry the Point. I say 
consented, bee : he is pretendedlj^ passive, — the Sp-liw-k(2) Son the man- 
ager, — this I say by guess but on a good Foundation. 

The second is more insignificant than when he had Lady Topsail to 
council and guide him ; he is quite poor, and has nothing but Ins oflice to 
find him Bread ; what he said of his thousand pieces is unquestionable 
without foundation : the Dependence is on the Brother's Interest to ask 
and have, and the Son to pay the Fees. IJis wife sold most of her Interest 
at Berwick to enable him to go to Enghmd, & 'tis tho't lier reflections up- 
on it broke her heart. 

(l)Sh- William Pepperel? (2) Hon. Ellis Hiuke? (3) Col. Isaar, Royall? 
(2) Sparhawk, son-in-law of Sir AVni.— Ed. 



COKRESrOXDENC'i:. (53 

The third I know has ordered 7 or SOO (iuineas certain and I believe 
more if need be to .ii:aiii the prize. His friend who is to manage for him is 
Slin.sjsliy Betliell, Esq. worth a liund'' thous'' p'l Ster. and member of Par- 
liam^ for London, who wrote him in May or June hist, he will do his best 
to obtain what he desires. Beside a Maji" & Capt. at Louisbourg and in 
ye intended Expedition ag^' Canada, are gone Iiome in the :Mast [ships] 
"laden Avith heavy complaints ag''^ the Don, which was their only Busyness ; 
so that upon the whole I can't but think there is reason to hope for re- 
demption from our present Bondage, Ijy one means or other. 

Your Exx Favour of Dec'' last I have answered in that of this Day, W^'' 
('apt Huske has to forward. With my heartiest wishes for yo' Kx> pros- 
l)erity I am, yo'' ExO'* most obedient and obliged 

humble servant 
I shall this day desire K. WAi.Dnnx. 

:\Ir. Foye to forw' w"' this Portsnr' March 10, 17-ts-'.).. 

what 1 wrote in Sept''. 
When yo'' Ex. receives my 
lettersj I shtdl be obliged. 
if I know it. 



(No. 25.) 

TjCtter fro)i), Corntnlttee of G-en) ^issenibh/ to IIon}'^' /Slhn/sbij 

ISethell, AWj. London. 

[This letter is in the hand writing of Mr. Waldron. — Ed.] 

Hon''c Su-— 

"We being a Committee of the (ieneral Assemljly of his ^Majesty's Prov- 
ince of New llamp'' in New England, in America, take leave to apply to 
you in Behalf of the said Province, upon the reconnnendation of Isaac 
Jvoyall, Esq. reciuesting your Favour, in presenting an AiUlress to his 
Majest.y for us, and using your Endeavours to oljtain a favorable answer 
thereto, especially in the removal of ]\Ir. Wentworth our present CJov- 
eruonr, whose arbitrary attempts on our civil and religious Privileges, 
together with his unskilfuU conduct, in the Administration of Covernm' 
haVe bro't us into the most distressing circumstances, and rendered him- 
self (]uite disagreeal)le to the Generality of our People ; and unhapjiy as 
the situation of om- affairs is, there is no probalnlity of its being l)etter, 
till his Maj'ty shall be graciously jileased to place a (Jeiitleman of better 
Abilities, and a ditt'erent Disposition in his rof)m. 

The Address witu its vouchers accompany this, which we hope will l)e 
sufficient; however, we think it not improper to give a specimen of some 
parts of the Governors conduct, in a few particular Instances, by which 
his habitual character may be the better known, and his capacity for gov- 
erning a Province the better judged of. 

He has made various attempts to wrest the Pecords of Deeds, which 
contain the Peoples Titles of their Inhabitances otit of the hands of their 
representatives, and to l)e the sole Disposer of them, tho' the General 
Assembly has always had a vote in the appointment of a Kecorder, ever 
since there has been a Government in the province. 

He has made an attempt also on our Ecclesiastical Privileges, by abro- 
gating a Law (as far as he could) incorporating a Parish, and reserving 
the presentation of the tlrst Minister to the Presid* and Fellows of Har- 
vard College (in Mass-i Bay) or the two sen'' Ministers in this Province. 
The case was thus : A nundoer of People, in the ancient and large Towii 
of Exeter, living remote from the Place of public worship, petitioned the 



•04 rEOVIXCE OF NEW-HAMPSHIEE. 

'Goveruor, Council :\nd Genii Assoml)ly, conven'd in their legislative ca- 
pacity to incorporate them into a rarish ; the Petition was granted, and 
an Act was pass'd conformable thereto, and the Name of the Parish was 
called Brentwood. Sometime after there grew a Discontent among the 
Parishioners, and a Party petition'd the Gov'' and Council to divide Brent- 
Wjod into two Parishes, and accordingly he with the Advice of the Coun- 
cil, pretended to .Supersede the Act which he himself had sign'd not long- 
before, and l)y Letters Patent as he calfd the Instrument, to make a new and 
second Parish, within the Boimds of Brentwood, by the name of Keenbor- 
ough, and in the said Instrument to reserve the presentation of the first 
Minister as aforementioned ; which we suppose to l)e the first Instance of 
the kind that ever was in N. England, and is directly contrary to a stand- 
ing Law of the province as well as to his Majesty's gracious Indulgence 
in that regard. To this we may add, that but a few yeai's agoe, the High 
Sheritt" of the Province, Brother-in-Law to the Governor, entered into a 
meeting-house on the Lord's Day in the time of public worship, with one 
of his Deputy's, who by the Sherifi''s order euter'd the pulpit and seized 
the Minister then performing divine service and forced him not onely out 
of the Pulpit but out of the House, tho' he was then officiating as a Gos- 
pel Minister at the Desire of the nu\jor part l)oth of the Church and con- 
gregation. This was universally supposed to be done b.y the Governor's 
Direction, and is another new Instance of arbitrary Power not known 
])efore in New England, that ever we heard of. 

Again, it is but a year or two agoe that the Gov'' publicly declared, that 
the Supreme Court of Probate in which he presides, was not oblig'd to 
observe the rules of Law, tho' the Inferior Judge was. 

About sixteen months agoe, the Governor sent the Secretary to the 
General Assemljly with the Draught of two votes for them to pass upon, 
Avho said they were in the Governor's writing, and that the Council were 
of opinion, tiiey Avould answer the Ends proposed — this was on a Money 
aft'air, and was enough to have raised their Intlignation, as the Drift of it 
^vas manifestly to bring the Assembly more and more inider his lufiuence, 
and at last to "render their Independency, as a Branch of the Legislature 
utterly void and of no eftect. 

Furthermore, It is a Thing beyond Doubt with us, that he has taken 
large sums of Money out of the Treasury without La^v and disposed of 
them at pleasure, and this rmder colour of a I^oan to the King to pay oft' 
the Troops intended for Canada :— whereas there was no grant made to his 
Majesty in that Pcspect, a vote onely being pass'd, that when the sum was 
ascertained, which his Majesty desired to borrow, the Assem. would lend 
the money, and pass an Act accordingly, but the sum was never ascer- 
tained, nor an Act pass'd; the Governor (doubtless) choosing rather to 
exercise his power upon indefinite sums, than to be under a Limitation ; 
an exact account of his management in this matter, will hardly ever be 
))ro't to Light, unless his Majesty should be pleas'd altera new Governor's 
appointed to issue a Commission of Inquiry into this Dark and myste- 
rious artair, l)y which 'tis probable much mirighteousness might be dis- 
covered, and considerable sums of money saved either to his ISIajestj-s 
Exchequer, or the Treasury in this Province or both. 

We are. Sir, your most obed' and most humble 

Serv's ■ K. AV. [Kich'i AValdron] 

P. G. [Peter Gillraan] 

Portsm" in N. Hamp'" in New England, J. C. [.Tames Clarkson] 

April 13, 1749. T. M. [Thomas Millet] 

Copv E. W. II. S. jun [Henry Sherburne] 

HonWe Slings))y Bethell, Esq." Sent to Mr. Koyall, April U, 174'J 

for convevance. 



CORRESPONDENCE. 05 

(No. 26.) 
Froin the Committee to iSlrngshy Sethell, Esq. 

Honorable Sir — 

We have wrote you this da}- requesting your Favour in presenting an 
Address to his Majesty for us. the Expense of whicli Mr. Koyail has en- 
gaged to defray, and will so write you by this conveyance. 

That Gentleman's compassionate concern for this Province, and his be- 
nevolent Disposition and Readiness to help us under our Difficulties, oblige 
us in gratitude, to pray you to exert your best Endeavours and Influence, 
to gethim the Government of, this Province, in case of Mr. Wentworth's 
I'emoval. 

This request we have the more reason to urge, as INIr. Royall is a gen- 
tleman of an affluent Fortune, and so will be under no Temptation to oppress 
or receive Bribes, and moreover, he has so good a character in general, as 
gives us much reason to think that if his Majesty woxdd l)e graciously 
pleased to place him in the chief-chair here, the Province would be happy 
under his Administration. 

We are, sir, your most obed' and most 
humljle servants — 

RiciiAKi) "\Vai.T)i;on' ^ 

Portsmo in N. Hamp'' in Peter Gillmax 

N. England, April i;?, 1749. James Clarkson 

Hon''ic Slingsby Bethell, Esq. Thomas Mileet 

Copy, R. W. Henry Siierhurx, jun. 

Sent to Mr. Royall, April 14, 1740. for conveyance. 



(No. 27.) 

Hon. John Thorpe to Slingsby Jiethell, Esq. 

Lincoln Inn, July .I"' 1741). 
Dr S"-. 

I have perused & considered the Address of the General Assemblj- of 
New Hampshire against Gov'' Wentworth and am extremely sorry to find 
that the matters contained in the Address instead of answering the Ex- 
pectations of the Assembly in procuring the i-emoval of Mr. Wentworth 
will in my apprehension fix him firmer in his seat of Government & pro- 
cure him the Royal sanction and protection. The address consists of 
these articles of Complaint. His issuing writs to places not privileged 
to send members to Elect Representatives; His refusing to suffer the 
House to sit or to approve their Speaker, till the House permitted the 
new members returned pursuant to the said writs to sit and vote in the 
choice of a Speaker : 

In both which he is clearly Avarranted & supported by the Royal Instruc- 
tion Issued by the Lords of the Regency ; for by that Instruction it ap- 
pears Mr. Wentworth was directed and required to Dissolve the foi'uier 
Assembly merely because thej' refused to permit the members Elected for 
Towns who had never sent members before to sit & vote in the choice of 
a Speaker — It is likewise expresslj* declared by the Instruction that his 
Majesty has a lawful Right of Extending the privilege of sending Repre- 
sentatives to such new Towns as his Majesty should judge worthy thereof; 
and Mr. Wentworth is by the same Instruction required and Directed to 
Issue Writs for such new Towns to Elect fit persons to Represent them 
in the Assembly & to support the Rights of such Representatives when 



60 rilOVlNCE OF XEW-HAMPSHIEE. 

chose ; so that what Mr. Wentworth has done in the premises was in pur- 
suance of the Koyal Command he will undoubtedly be supported & justi- 
tied in it & therefore I can never advise the presentinii; a Complaint of 
this kind which will certainly bring praise and commendation to Mr. 
Wentworth & verj^ proliably a censure on the Assembly ; for it is most 
certain the plantations have not that Inherent Constitutional Kight to hold 
Assemblys as the Kingdom of Great Britain has to the holding of Par- 
liam*'^, & it is equally certain that the I\ight any Town in our Tlantations 
has to send members to the Assemlily and even the Eight the Plantations 
have of holding any Assembly at all is founded originally on the lioyall 
Commission and Instruction given l)y the Crown to their Governors, and 
it is also as certain that the Governors in all the plantations have a Eight 
to negative the Speaker chose by the Asseral)ly. The King here has the 
same Eight to negative a Speaker chose by the House of Commons, — For 
tho' this right is seldom or never exercised yet it is certain the Crown has 
a right to exercise it when ever they see proper. There is another thing 
oi)servable, viz : That the Assembly of New Hampshire met and acted 
after the Gov'' had negatived their Speaker Avhich is wholly unwarranta- 
ble as they were not a House without a Speaker. The facts mentioned in 
their private letter are strong nnitters of complaint Ijut none of them are 
mentioned in the address. I therefore apprehend it will not be advisable 
to present the present address, but that instead thereof a new address be 
presented to the Crown not by way of complaint against Mr. Wentworth 
us to his Issuing the new Writs & negativing the Speaker, but humbly 
Ilepresenting against the Eoyal instruction shewing the Inconveniences 
arising from it and praying his Majesty to recall it, and to have a repeti- 
tion of complaint against Mr. Wentworth charging him with such acts of 
male-administration as they shall be al)le to make out, which I am iu- 
fonned there will 1)e no difficulty in doing, particularly in relation to his 
Disposal of military Commissions ; thus I have given you my real senti- 
ments on this Address, and am with the most perfect Truth & Esteem, 
Dear Sir, 

Your most obliged and ever 

faithfull Humble serv'. 

John Thorpe. 
To Sliugsby Bethell, Escf. 

Superscribed — " Messi's. Waldron, Gillman, Clarkson, Millet and 
Sherburn, Gent" of the Connnittee of the General Assembly of 
New Hampshire." 

Indorsed — "Copy of Mr. Thorp's Letter to Mr. Bethell, July 5, 174'J, 
sent to the Comittee by Mr. Eoyall, Sept. 13, 1749." 



(Xo. 28.) 
Coll. Roy all, to Genf^ of the Committee. 

Charlestown, Sept. 13"i 1749. 
Gentlemen — 

I wrote you some time since that I had forwarded your Address to my 
Friend Mr. Bethell by him to be presented to his Majesty; Since Avhich 
have none of y^' Favours. I have now to Inform you that I am advised 
by Mr. Bethell in his Letters of the 4"' & S"' of July last that Mr. AVent- 
worths Interest is great at home, & that INIr. Thorp in a letter to Mr. 
Bethell of the o"' of s^i July acquaints him that in his opinion it is not ad- 
A'isable to pi'esent the address to his Majesty, because the matters there- 
in contained, instead of forwarding the Eemoval of Mr. AV th would 



€OPvRespoxde:n'Ce. 67 

tend to Establisli him the tirnior & procure for liim the Kojal Protection, 
as you will see bj' these letters (for which I am heartily sorry) the per- 
plex'd «& embarrass'd state of y^ publick aflairs as Mr. Thorpe writes so 
full}- & as they may be of service to y'' Province I have enclosed you & 
Mr. AValdron copys verbatim of the aforementioned Letters. 

Gentlemen I heartily return you my thanks for your kind sollicitatious 
& Endeavors to procure for me the Chair of Goveriynent among you, and 
had providence smiled upon the Attempt I trust I should have exerted 
}n3'self to have made you a happy People, but as my ill state of health 
grows upon me & the Intricacy of your afl'ajrs are such as makes the pros- 
pect of success Distant & ciuite uncertain, 1 must wholly Decline taking 
au_y further steps in the prosecution of this affair. I shall ever Avish well 
to the good People of 3'our Province, & pray God to direct and Bless j'oii 
iu all your Public Aifares. 

Having not to add save to Assure you that 

1 am with the profoundest Kespects, 

Gentlemen^ your most obliged 

Humble serv*. 

Is.VAC ROYALL. 

To Messrs Waldron, Gillman, lic. 



(No.. 29.) 

Letter from Col. Isaac Royall. 

[Copied from MS. Corr. Vol. II, p. 43.] 

Charlestown, January 15'" 1740-50. 
D'ar Sir. 

Yours of y^ 22'^ ult" came safe to hand and I am much obliged to you 
for proposing (as I think you did) to y- Coni"^'^ to Avrite me, but as they 
did not comply therewitli 1 shall not say anything further on that head 
only that my proceeding so far as I did to serve your Province proved very 
Detrimental to myprivate Interest & Health, it being above above a Thou- 
sand Pounds Damage to me, so that I am much poorer this Day than I 
should have been had I not Engaged, by ordering such large quantitys of 
Sugar home to Defray the charge that might attend the aflair, which sold 
fifty pr. ct. less than I could have had for them here, besides a Dispute 
between Mr. Vassall and myself in Antigua when he was on ye spot & I 
.stade heir waiting for y<= event of our Scheme which was a greater dam- 
age to me than y^ former, but however since it has so happened I must 
he contented & if the Gent" of y^ Com«'^e Don't think I have done what is 
worth their thanks I am quite Easy, since I know I have Don all I could 
to searve them & acted uprightly in the aftair. 

You have been Kightly informed concerning Mr. Bollans acc'» and I 
am apprehensive that the Court will choose him agent for the Province 
again the next week when y^ choice comes on, the members of our Gen- 
eral Court are so much Divided in their opinion that we have not done 
one single article for the Benefit of y® Province tho' we have sat near 
Eight weeks, what is done one week is wholly set aside in half an hour, 
sothat Ave are in a melancholly situation, and I fear nothing will be done 
to Releave tlie people. 

Accoi-ding to your Desire I have sent you the Journals of the House for 
your amusement and shall as opportunity presents itself give you some 
intimations of Avhat may happen during the present Sessions. 



<>8 niOVINCE OF NEW-HAMPSHIRE. 

I ain concerned that your publick affairs remain under a cloud till now — 
but liopc the 8un will ))reak out ere lon^- and scatter those Mists of Dark- 
ness that at present hang over you, and may S^' William lie the happy In- 
strument of relieving your Distressed Province. 

I am very sorry to hear of your Indisposition but l)y your next hope to 
liear you are perfectly well. 

Being much Engaged in the Publick affairs I have not to add Init R^st 
with mine & Mrs. Koyall's Compliments to yi self & Lady — 
Am Sir, your Friend & most Hum'''^ Serv* 

Isaac Royall. 

To the HonWe Rjeli'i Waldron, Esq. 



JOUIINA L 



HOUSE OF REPRESENTATIVES. 



.\t)TK r.Y Tin: KDiioi:. 



Tlie JonvHul <>/ Utc Ilouxf ^vliicli follow;^, to May ."Jist, 17,")."), is copied 
from a MSi bound vohinie in the Secretary's office, I;d)eled " Jouunai, ov 
THK IIoi'SK — 1747-17.").")." It is a continuation of said Journal, as jirinted 
in A'olunie V.. i)a,ii;e ."j!)0. Interspersed, in order of date, will he found the 
.Speeches or Messages of Governor ]5enninii' Wentwortli, with many im- 
portant letters and official documents Avhicli are of are at interest and Aal- 
ue. Indeed nearly all public papers anil documents, belonj>;in,ii" to this 
l)eriotl of our Trovincial History, are comprised in the JoudikI of tin' 
Iloiist', instead of being spread over all the i)ages of this A'olume ; and 
will ou that account, the Editor trusts, be much more easy of reference. 
Pages in the margin correspond with pages in the MS. Journal. 

[i-. 104.] ^iiuio Jle(/iif' liegis Georf/U Secundi McifpuM lirlt- 
anim J-^rancia>, S Ilihernim Vlcesimo /Sectindo. 

A Jonrnal of y" House of Representatives at a Geiieral Assem- 
bly of liis Majesties Province of New Hanipsliire in Xew Eno:laii(l 
beo-un and held at Portsmouth in s'' Province on Tuesday v'' Tliir<l 
Day of Jan. 1748-9. 

At twelve o'clock tlie Members not beino- Generally Come in the 
Secretary by the Governor's Order Adjourned the General Asseni- 
l)lv till to-morrow 11 o'clock. 



Wednesday Jan' the 4"' 1748 at 11 o'clock tlie following Mem- 
bers being present As Keturnd from the following Towns Viz. 

( James Clerkson Escf. 
Fi'om Portsm" ■< Eleazer Russell Esq'. 

( M''. Henry Sherburne Jun'". 
-p. ( Tho^ Millett Esq-". 

-" ^'^^' XM'. John Wentworth 



70 PKOVINCE OF NE.W-IIAMPSHTRF. [UJiQ- 

TT , (3F. J<)sepliPhill)ric-k 

^ (Ilichard W aldron Jisq'.. 

Hampton Falls Meshecli Weare Esq"". 

T^ f Coll". Peter Gilinan 

iLxeter -^^^, Zebulou Giddings 

[p. 105.] Newcastle Tho^ Bell Esfj;. 

Strathaia Moses LeaA'itt Esq"". 

Newingtoii M'' John Knight 

Londonderry John Maennnphy Esq''. 

Greenland Clem' JVkirch Esq^ 

The Sec"-^ Came into the Ilouse & adjotirn'd tlie Gen' Ass'" by 
his Excellency's Direction till to Morrow 12 o'clock. 



Thnrsday Jan^- o"' 17-18— 
Present nt 12 o'clock the Members which were present 3'esterday 
there being present Also From Durham Cap'. Jon^ Thompson 
Tliere also being ]rt'esent in the House Ca]j' Abel Morss who Ap- 
pear'd as being ("ailed in by the King's Writt to llepresent the 
Town of Chester And also M''. Samuel Frencli who appeared hi 
tlie Same Manner for South Hampton. 

The Hon''''^ Ellis Huske John Downing & Theodore Atkinson 
Esq""^ Came into the House And Said they Avere Sent by his Ex^' to 
Administer the Oaths to the Members lleturn'd And Accordingly 
Administer'd the oaths A])pointed Instead of the oath of .Allegi- 
ance & Supremacy to the Following jjcrsons Viz. 

James Clerkson Esq'^ Eleaxer Russell Es(|''. 

Mr. Henry Shei-burne Jan.'' Tho?. Millelt Esq^ 

Mr. John'Wentworth Mr Joseph Philbrick 

Richard Waldron Esq^". Meshech Weare Esq^ 

Coll. Peter Gilman Mr. Zebulon Giddings 

Tho' Bell Esq'' Moses Leavitt Escf. 

[r. lOG.] M^ John Knight John ]\[cMurphy Esq'". 

Clem'. March Esq''. Ca|/. Abel Morss 
M^ Samuel French 

And the Oath & Declaration being Subscribed ihey withdrew 
And presently the Hon''"' Richard. Wibird Esq'". Came into the 
House And said he Avas Sent by his Ex"*" to Inf(n-m the House that 
his Ex^" Required the House immediately to j^roceed to the Choice 
of a Speaker & ]jrcsent him. 

And tlie question being put whether M'' Morss & M''. French 
who appeared from Chester & South Hampton shoidd have a voice 
in the Choice of a Speakel- it unanimously i)ass'(l in the Negative 
And then the Plouse proceeded to- Choose a Speaker And the 



1749.] JOURNAL OF THE HOUSE. 71 

lion'''* Riclmrd Waldroii Esq"' Avas Clioseii Speaker bv evei'v Vote 
except one And he was Accord in i;ly Conducted to the Chair 

And then James Clerkson Esq'. *Tho^ Millett Esq' Coll" Peter 
Gihnan And M"". Joseph Pliilbrick Avere sent to Intbrni his Ex^ 
that the House had Chosen Kichard Waldron 'E»q''. for tlieir 
Speaker. 

Then the House proceeded to Choose a Clerk And Meshech 
Weare Esq'', was Chosen Clerk and an Oatli Admiuistered to liini 
Accordingly Richard Wil^ird Esq"" Came into the House and said 
he Avas Sent by his Ex^' to Inquire Avhctlier tlie jMembers Avho Avere 
lieturn'd from Chester And South Hampton Voted in the Choice 
of a Speaker And after some Debate And Consideration Upon the 
Message An Answer Avas Seut to his Y,x-'. by Moses Lea\'itt &> 
Tho*. Bell Es'^\ that those (Tcntlemen A\-ho appeared from Chester 
& South Hampton Did not vote in the Clioice of A Speaker. 

[p. 107.] M"". Sec^. Bro't Down the followiug Message from his 
Excellency the Governour viz : 

I am Directed by liis Ex-v to Acquaint you tliat lie DlsapproAX's of the 
Clioice of Richard AValih'on Esq'', for your Speaker And tliat you are Di- 
rected to proceed to the Choice of xVuotlier Spealcer And tliat his ExJ'. 
Requires you in his Majesty's Name to send out for tlie member Return'd 
And Sworu for Sontli Hampton i!v: yenieml)er Return'd iH Sworn for Cliester 
Avho haA'c an Equal Riyht Avitli the other members to AOte in the Choice 
of a Speaker And that no Speaker Avill be Approved in the Choice Avhere- 
of the Above Members are Excluded. 

Voted that y'' folloAving Message be Sent to liis Ex-^' in Answer 
to his Message to y*" house of this Day by ]^[^ Sec-^ Atkinson. 

Mm/ it Ph'cisr ycmr ExcfUcnoj 

Hi Answer to your ExeeHy** Messai^e of this day by M''. Secv Atkinson 
Avherciii your Ex.v has been pleased to Say you Disapprove y" Choice ol" 
Rich'i Waldron Esqi' for Speaker of this House & to Direct that Ave pro- 
ceed to y« Choice of Another Speaker And to Require in his Majcstys 
Name that Ave Admit y Members as your Ex>' is pleased to call them from 
Chester and South Hampton to Vote in y" ucav Choice Aud to Declare y* 
no Speaker Avill be Approved in y-" Choice whereof y abovementioned 
members are excluded. The House Humbly Repl}'s y* as soon as yoiiv 
Exy Avill be pleased to ShcAV them your Ex>'^ PoAverto Nejiative a Speaker 
they Avill immediately Submit to it & proceed to Another Choice And y* 
as soon as your Fx^ Avill be Rleased to Evince to them y' y pretended 
members of South Hampton & Chester liave a Right to Sit and Vote in 
this house they Avill immediately Admit them But till Such evidence is 
produced both in ye one Case & y other they Cannot see y" Way Clear to 
Comply Avitli Avliat your Ex^' Requires in the Said Message. 

[i*. 108.] While the foregoing AnsAver to his Ex^* Message Avas 
preparing tlie Sec-^ came into y*^ House And by his Exc-^' Order Ad- 
journed y*^ Gen' Ass"' till to morroAv Eleven o'Clock. 



rl PROVINCE OF XEW-II AMPS HIKE. [174',>. 

Fiyday Jaii^ G"' 1748 a. m. 

The House met according to Adjoiininient. 

Voted That M'" Giddings & W Thomi)son go to y" Council & In- 
quire whether his Excellency be Come to Council or not who Re- 
turn'd that his Ex'' was present in Council. 

The Answer to his Excellency's Message Avliicli was Aoted yes- 
terday was Sent U}) this day l)y Tho^ Millett Estf M'' Henry Sher 
l)urne CoP Peter Gilman Clem' March Esff & Jn" ]Macmurphy 
Esq^ 

Voted That 31'' Zebulon Giddings & Ca])'. Jn". Wentwortli & 
Meshech Weare Esq"", be a Com""^ to go to M''. Daniel Pierce the 
Late Clerk of the House of Represeiitatives And Demand of him 
all the Books Records And files Plans and paper which are in his 
hands belonging to the House of Ke})resentatives to be Delivered 
to Meshech Weare Esq', the Present Clerk of the House 

M' Sec^' Come into the House and Head the following Messac/e 
from his JExcellency 

I am to iiiforni y* members of y" Geu^ Ass'' that when his Ex>'' Message 
of yesterday is fully Obey'd iu y'' Choice of a new Speaker wherein y'" 
Members for Sontli Hampton and Chester arc to have a vote his Ex>' is 
Eeady to give them Any Satisfactory Answer to things they have a Eight 
I "p. ion.] to Inquire into And not till then. 
Jany (!'''. 

Resolved Tliat Any Person or persons Dis])Osed to print the 
Journals of y'' General Assembly's or Any jjarts of them have Lib- 
erty so to Do And that the Clerk furnisli Copys for Reasonable 
fees to the person or persons who shall desire tlie Same And in 
Case Such Copys should be Avanted when there is no General As- 
sembly subsisting that then the person with Avhom the General 
Assembly's Books files And papers shall be left shall have Power 
And is hereby Authorized to give Sucli Copys to the person or 
persons Desiring y'' Same for Reasonable fees as abovesaid & Au- 
thenticate them by his testimony before a Justice of y" Peace. 

The Com"" Appointed to go to M'" Daniel Pierce y^ Late Clerk 
of y" House of llei)resentatives for y" Books Records and Files 
Plans ifc papers Avhich Avere in his liands belonging to y*^ House of i 
Representatives ma<le Return that M''. Pierce had Delivered to 
Meshech Weare Esq'', the present Clerk of }•" House the Books 
Records Files Plans &> papers Containing y" Avhole as he inform'd 
them Avhich Avere in Ins hatids belonging to y'' Hoiise of Repre 
sentatives. 

M'. Sec^ Came into the house & bv his Ex''" Order AdjournVl v*' 
Geni As^^m till three of Clock P. M. ' 

Fryday Jan^ 6 1748 v. ai. 
The House met According to Adjournment. 
[p. 110.] The Sec-' Came into the House and by liis Ex- " Order 
Adjourn'd y" Gen' Ass"' till to morrow ten o'Clock. 



1749.] JOURXAL OF THE HOUSt:. <3 

Saturday Jan'' 7"' 1748 a. m. 

Met According to Adjournment. 

Voted That \he Ron^^' Richard Wal.lron Ei<f ^SV Henry 
Slierljurne Jun'' & Mesliech Weare Esq"" be a Com"'"^ to make a 
Draft of An Answer to his Ex''^ Messages liespecting y^ Nega- 
tiving A Speaker And Ciilling in of New Members to vote in y*" 
Gen' Ass'", to be laid before y" House as soon as may be 

Voted That the following Message be Sent to his Excellency 

3In>i it Flea^p Your Excellency 

The House have notliiug to Lnj' before your Ex''>' to Day — Tliey have 
Chose a Com*<^« to Draw iip an Answer to your Ex>''* Several ISlessages, 
which they will Lay before your Ex>' as Sooi as may be. 

Sent by M^ Weare & M'". 3Iarch. 

M'' Sec^ Came into y" House ct by his Ex- " Onlev Adj )urned y' 
Gen' Ass'", to Mondav next 12 o'clock. 



[p. 111.] 3Ionday Jan> 0-'' 1748— 

Tiie House met according to Ailjournment. 

M''. Sec^' Came into y" House And bv liis Ex'-^ Order .Vdjoui-n'd 
y" Gen' Ass'" till three'o'Clock 

:Monday Jan> 9 1748 c. m. 

The House met According to Adjourmnent 

M'. Macmurphy tfc M'. Knight were Sent to the C'ouncill Cham- 
ber to inform his Ex^ That there is a,Member Ajjpears in the House 
from Rye Avho has not been Qualitied And i)ray his Ex'' if lie thinks 
proper y' he may be qualitied : — Who made Retui-n y' his Ex'' was 
not in the Councill Chamber. 

Mr. Sec^' Came into tlie House and by his Ex'" ])irection Ad 
journed y" Gen' Ass'" till to-morrow, ten o'Clock. 



Tuesday Jan>' 10 1748 a. m. 

The House met According to Adjournment. 

Voted That the Rev. M'' Langdon be desired to Pray with tlie 
House this Morning ct so from Day to Day if he Can Attend it 
During the Sessions And M"" Philbrick was Sent to infoi-m liiin 
thereof 

Order'd Tliat M'' Gi(hlings ct M'' Kniglit go to the Council! 
Chamber And inform his Ex'' if he be tliere that tliere is a Re- 
turnd Member for Dover in y" House who has not been qualitied 
And if his Ex-'' is not tliere to inform y" Councill thereof 

fi'. 112.] A member of the Plouse inform'd tliat the Sec-'' De- 



74 rPvOviNci-: of new-Hampshire. [1740. 

sired tliat Maj'' Davis the Iletunied member who was not Qualified 
shouhl go to the Council Chamber to have the oatlis administered 
to him who accordingly went up And then tlie See/ Came into the 
House And intbrmd the House y' Maj"" Davis liad taken And Sub 
scribed y*^^ Oaths & Declaration upon wliich lie was Admitted his 
Seat. 

The Com''''' Appointed to Draw up an Ans'' to his Ex^'** Messages 
laid what the}^ had Pi'ejiared before the House "v^'hich was Head 
three Times. Richard Jenness Esq'' Came into the House as a 
Jleturnd Member from liye. 

Ordered y' Maj"' Da\is and Caji' V/ent\vortli go to y'' Councill 
Chamber And inform his Ex^' if ])resent if not the Hon''''' Councill 
that there is a member Appears lleturnd from Rye who has not 
been Qualified & pray y' ho may be Qualified. 

M"" Sec-^' Came to y'' Door Richard Jenness Esq'' y" Memlser Re- 
turnd from Rye went v\'ith him to y" Ccnmcill Chamber & then M'' 
Sec-' Came to y'' House .Vnd infornnl that Richard Jenness Es«f' 
had taken And Subscrii>e<l the Oaths And Declaration upon which 
he was Admitted to his Seat. 

Then M'' Sec^' Came into the House And by his Ex-^'" Order Ad- 
journed y" (xen' Ass'" till three o'Clock. 

[r. 113.] Tuesday Jan^' 10 17-18 i>. m. 

The House met According to Adjournment. 

Voted That the following ]\[essage be Sent to his Ex^ y" Gov- 
ern our 

31(1 1/ it please iimir J;J.i> 

"With yourEx.v« permission we will nial'ce a sliort recapitulation of y*^ 
Sevei'al Messages pass'd between your Ex>' and this House touching- your 
ExJ'"* Power to Negative a Speaker and Introduce Members amongst us 
not Warranted by Law Usage or Custom or any other Authority tliat Ave 
Can tind. Then we'l make a Short liemark or two on what is past & Sug- 
gest a few Authoritys which we think full in Point Against what your Exy 
Requires and then give our final Resolution on the Premises. 

Your Exy tirst sent to this House your Direction to Choose a Speaker 
we innnediately Did it And informed your Exy what we liad done Your 
Exy^ next message was to inquire whether y^ Members as you were pleased 
to Call them Returned from Chester & South Hampton Voted in y^ Choice 
of a Speaker. 

To which we Replyd y*' Gentlemen which Appeared from Chester and 
South Hampton Did not vote in y" Choice of a Speaker. 

Then your Exy was pleased to Send us your Disapprobation of our 
Choice of a Speaker and to Direct us to proceed to y"^ Choice of Auother 
And to Declare y' no Choice would ho Approved of Unless the persons 
[i'. 114.] who had been Excluded before Avere admitted to Vote in y'" 
ncAV Choice 

To which we Humbly Replyd tliat as Soon as your Exy would be pleased 
to show us your power to Negative a Speaker we would immediately Sub- 
mit to it & proceed to Another Clioice And as Soon as your Exy would 
evince to us y' the pretended memljers had a Right to Sit And Vote in 
tliis House Ave Avould immediately admit them. But till Such Evidence 
should be produced both in y" one Case & y*^ other Ave Could not See y"^ 
way Clear to Comply Avitli av' y' Exy had Required. 



1749.] JOURNAL OF THE HOUSE. <0 

Then your Ex-^' was pleas'd to Reply yt when your message should be 
fully obey'd in y'' Choice of a New Speaker And the two persons from 
Chester and South Hampton Admitted to Vote in y<-" S'^ Choice that then 
you should be Ready to Give us a Satisfactory Answer to things we had a 
Right to inquire into & not till then 

Thus Stands y^ Case Between y'' Ex>' & this House And this is y^ Seventh 
day Since y^ Session Commenced without our being permitted to enter 
upon y^ Common & ordinary business of y« Province Unless we would 
yield to j''' Ex^' two important points of Priviledge which we were and are 
full in ye opinion y^' Ex>' had no Right to Denumd. 

After your Exx was pleas'd to begin a dispute Avith us did we not in- 
deavor to shorten it in a Becoming manner. 

[i'. IIJ.] When y'' Ex^' inquired whether j'° persons Returndfrom South 
Hampton & Chester were admitted to Vote did we not immediately Answer 
yt they were not Tho perhaps upon a Critical Examination into y^ Rights of 
Governours it would be found y' ^ Ex^ had no Right to make Such an inqui- 
sition yet how Readily did we yield it And here Ave avouUI humbly ask 
Avhy y'' Exy Chose Rather to inquire Avhether ye persons Returned from 
Chester & South Hampton Voted than Avhether y" members Sent from 
Portsm'J & Dover Did— Does not y« Question imply y' y' Exx apprehended 
ye Chester & South Hampton persons Avould not be Admitted And Avhat 
could such Apprehensions be Grounded on But a Cousciousuess that y 
Ex>' had no poAver to impose them upon us. 

Then Sir with Respect to y^^ message we Sent to yi' ExV Requesting to 
see y'' Power for Negativing a Speaker And Admitting y'' two persons 
from Chester and South Hampton Can y Ex-^' imagine yf such a Reply 
•should be Satistactory to a Senatorian Assembly, your Exx Rctpiired of 
lis Avhat Ave tho't UnlawfuU and therefore Ave pray'd you avouUI (show us 
your Right to Command & promise As Soon as y' Ex^ should do so we 
Avould immediately Obey — But Lo, Avhat Avas y- Reply — That Avhen your 
Message is fully obeyed you Avonld give i^s a Satisfactory Answer to Avhat 
Ave had a Right to inquire Into. What is this but insisting y' Ave should 
first take a Leap in y" Dark & then y'' ExJ' Avould < )rder a Light to be held 
to us yt we might Discern Avhether Ave had leap'd Right or Avrong. 

And now Sir Avith Respect to y° authority's we promised to Suggest & 
first in Regard to the PoAver of Negativing a Speaker Ave find in Bishop 
Burnets history of his own times that in y'' year ICTtt It Avas saiil y^' House 
had the Choice of their Speaker in them >!i y' their presenting y^= Speaker 
Avas only a Soleum SheAving him to y*^ King Such as was presenting the 
[r. 1 1(). j Lord ]Mayor & Sherifts of London in the Exchequer but that y*-' Iviug 
Avas bound to Confirm their Choice — Again The point Avas Setled that the 
Eight of Electing Avas in the House & y' Coufiruuition Avas a thing of 
Course. Thus far the Bishop. And thus Ave presume y*^ Case Stands be- 
tAveen ye King and y" House of Commons at tliis day. If your ExJ' KnoAVS 
it to be otherwise Ave Beseech you to Connnunicate it to us y' Ave ma.y 
Act According to knowledge for We Abjure all implicit faith in Politicks 
As Avell as Religion And are resolved to See Avith our Oavu Eyes And Act 
According to our own Understanding. 

Again Ave rind a Grant Made to a Governour of a Neighl)ouring ProA^- 
ince by Letters patent from King William & Queen Mary in the third year 
of their Reign That he Avith y Council And .Vssembly should make Orders 
LaAvs Statutes & (Jrdiuances Directions & Instructions for y" Welfare of 
ye Province & yt he the Governour should have a Negative Voice upon all 
Such ()rders Laws Statutes and Ordinances & in all Elections & Acts of 
Government Avhatsoever to be pass'd I)}' the General Court or Assembly 
or in Council And Tho' this power is Greater than Avhat Ave think is Con- 
tain'd in y Ex^"'* Connnission yet his Majesty King George ye first in the 
tAvelfth year of Ids Reign Explicitly Says that no Provision is made in ye 
Said Letters Patent meaning those above mentioned touching y*^ Nomina- 



<<> riJOVIXCE OF NEW-HAMP8IIIKE. [1749. 

tioii & Election of A »Speaker nor any reserviition made foi* his being Ap- 
[p. 117.] proved or Disapproved bj- a Governour. 

Upon yi' Ex>'s Considering what we have ofl"ered on tliis Point We hum- 
bly hope yi Exy will be pleas'd to retract your Disapprobation of Our 
Choice of a Speaker or SheAv us that you have a Pight to maintain it. As to 
calling memijcrs of Assembly from Unpriviledgcd places if y"^ ExJ' will ])e 
Ixeferd to President Cutfs Commission which Vas the first 'for this Pro- 
vince it Avill we apprehend Easily End y<= Dispute for l)y it you may See that 
in ye Very first formation And founding this Government the People Avere 
Ordered by ye King to have a hand in it. And while there was no Assem- 
bly yet in the Province and the first was to be called for a first there must 
be the King Says to the President & Councill that within a Limitted time 
they shall issue a Summons for Convening a CJcni Ass'" Observing such 
Ivules & Methods and Appointing ,such|time & Place of Meeting As the 
Electors shall think fit. And Agreeable to this in forming y^ Government 
of a Xeighbouring Province it was Appointed by the Crown that they 
should have two members from every Town in their first Assembly And 
that they with the other Branches of y« Legislature should ]>etermine 
what members should be afterwards Sent to Kepreseut y" Country Towns 
& Places. 

"What we Avould further add is the Custom & Usage of ye Province Ac- 
cording to which by yi' Ex-^'s Commission Gen' Ass"'"* are to be Called 
[p. U.S.] which as we Apprehend has always been that the Arlmission of 
Any new member was by Vote or Act of Gen' Ass'" And for this we would 
]{efer y'' Ex^ to a Message Sent to y'' Exy by a former Ass"' when this 
Same thing was in Dispute About four years ago. 

Upon the whole we Say once more if y^' Exx will shew us y* you have a 
Power to Negative a Speaker Ave Avill proceed to Another Choice And if 
y Ex.^' Avill sliCAV us that you have a IJight to introduce Chester & South 
Hampton Persons into this House Against y« Common Custom & Usage 
of y Province "We Avill admit them But in Case no Such Evidences are 
produced 

Voted & lif'solvcd That Ave do & Avill Adhere to our Right vS: Privilege in 
botli those Cases As Avell as in all other According to ye Laws Usage & 
Custom of yp Province & are fully Determind not to proceed to y^ Choice 
of Another Speaker Jior to Admit the tAVO persons from Chester & South 
Hampton aforesaid but upon y Conditions before mentioned And this Ave 
Huml)ly ofler as y^ final Kesult of this House Upon these two Points. 



Tlie House being infonn'd That liis Exc^' was confin'd by illness 
The foi-egoing- message Avas sent to him by Mess"' Sherburne Millet 
Oilman tfc Bell Avho going to his house and being infovm'd that his 
Ex*"^' could not be spoken Avith Desired that the 8ec^ might be sent 
for Avho going to his Exc-'' Keturn'd and inform'd that his Exc-'' di- 
rected the s'^ message to be left Avith the Councill. Accordingly 
the foregoing message to his Exc^' Avas sent up and deliver'd to y*^ 
Council. 

[i'. 119.] Mr. Sec-'' came into the House & by his Exc'* Direc 
tion adjourned the Gen' Ass'" till to morroAV ten o'clock. 



1749.] JOURNAL OF THE HOUSE. 77" 

Wednesaay Jau^ 11, 1748— a. ji. 

The House met aecordins; to adjournment. Mr. Sec-^ came into 
the House & said he was Directed by the Council to inform the 
members that the Governours Indis[)Osition was so great and y^ ill- 
ness he was under Remained so liigh upon him that the message 
which was sent yestei'day could not be connnunicated to him. But 
they did not know what might be in y^ afternoon. 

Mr. Sec^ came into House and by his E.vc-" Direction adjourned 
yt gej^i ags'n ^^Y[ three o'clock. 

Wednesday Jan^ 11, 1748— p. m. 

The House met according to adjournment. 

Mr. Sec^ came into y" House and by his Exc'' Direction ad- 
journed the gen^ Ass"^ till tomorrow 10 o'clock. 



Thursday Jan'' 12, 1748 — a. m. 

The House met according to adjournment. Capt. Thomson in- 
formed y° House y' there was a Gentleman at y'' Door from Kum 
lord who desired leave to come into y" House — which Avas 
granted, and Capt. Thompson was desired to inform liini thereof 
which he did, an<i came into the House again tfc said that the gen- 
tleman now ])eclined to come in at present. 

[p. 120.] Mr. Sec^' came into y" House and informed the House 
that Mr. John Chandler who was Keturnd upon the Slieriffs writ 
as a Representative from Rumford had taken & sul)scnbed tlie 
oaths tfc Declaration & Mr. Chandler being with him the Sec7 told 
y^ House y' was the man. Mr. Chandler being asked by y^' House 
Avhether Rumford was a Priviledgcd place or had any otlier au- 
thority to send a Representative to this House that lie knew of than 
the King's writ — he answer'd No. 

Then he was asked by y" House whether it was his desire to 
have a seat in this House in case he might be admitted contrary to 
y*' usage & custom of y'' Province. To which he Reply 'd that he 
did not Desire anything y' Avould break in upoii y" Priviledges of 
this House. Whereupon it was 

Voted and Resolved that untill the s*^ John Chandler made it ap- 
pear to this House that the Place for which he is chosen liad a 
Right by Law usage or custom of this Province before the issuing 
y*^ King's writ to send a Re})resentative to sit in y" gen^ ass'" of this 
Province, he be not admitted to the Priviledge of a seat in this 
House. Voted unanimoiisly. 

Mr. Sec^' came into the House & by his Exc^* Direction 
adjourn'd y*^ gen^ ass"' till 3 o'clock. 



78 PKOVIKCE OF NI':W-HAMPSHIEE. [1749. 

Thursday Jan>- 12 ]478 ]•. m. 

Tlie House met accordiq^ to adjournni'. 

[r. 121.] Mr. Sec^ came into the House -by his Exc-' Direction 
adjourn'd y*" g-eii' ass'" till tomorrow 11 o'chx-k. 



Fryday Jau^ 13, 1748 — a. m. 

The House met accordins^ to adjournment. 

A message was sent to the Treasurer by Maj'' Davis to Desire 
the Treasurer to Provide Avood for the Assembly. 

Mr. Sec^ came into the House & by his Exc-'^ Direction ad- 
journ'd y*^ Gen^ Ass"' till three o'clock. 

Fryday Jan^ 13, 1748 r. m. 

Tiie House met according to adjoiirnment. 

Mr. Sec^ came into the House and by his Excellencys Direction 
adjoui-ned tlie Gen' Ass'" till to morrow 10 o'clock. 



Saturday Jan^ 14, 1748— a. m. 

Tlie House met according to adjournm'. 

Mr. Sec-^ came into the House and by his Exc^'** Direction Pro- 
rogued the Gen' Ass'" till Monday next 12 o'clock. 



Monday Jan>' 16, 1748— 

Tlie House met according to Prorogation. 

Ml". Sec^ came into the House & by his Exc-^^ Direction ad- 
journd y"" Gen' Ass'" till tomorrow ten o'clock. 



[p. 122.] Tuesday Jan^' 17, 1748 a. m. 

The House met according to adjournment. 

Mr. Sec^ came into the House and said he Avas connnanded by 
his Exc^ to acquaint the House that it is his Direction that you 
proceed immecliately to the choice of a Speaker that the business 
of the Session may no longer be delay 'd, and that the new mem- 
bers if any of them are in Town are to have a vote in the said 
choice. 

Ordered Thomas Bell Esq. & Mr. Giddings go up to the Hon"^'*^ 



1741).] JOURNAL OF THE HOUSE. 79 

Couiicill and Desire that the Kino-'s writ for calliiisj; tlie present 
ass'" with the Returns tliereon be Laid before the House. 

Ordered tliat Maj"" Davis and Clem' Marcli Esq. go to the Sec-''' 
and desire that a copy of the niinit of Council for issuing the "writ 
f(^)r calling the present ass'" may be laid before the House. 

Mr. Sec^ came into the House tk by his Excellency's Direction 
adjourn'd the gen' ass'" till three o'clock. 

Tuesday Jan>' IT"' 1748— r. m. 

The House met according to adjournment. 

[i'. 123.] Oidered That Mr. ]Macmur})Iiy & Mr. I'hilbrick go up 
to y" Council Ciiamber & inform his Exc' if there and if he is not 
there inform y'^^ Council That Edward Hall Esq. appears in the 
House as a member return'd for Xew Markett who is not Qualified 
& l)ray that he may be Qualified. 

Edward Hall Escj Avent to the Council Chamber antl then the 
Sec^ came into the House and infonn'd y'^ House tlnit Edward Hall 
Esq. the lleturn'd member for Newmarkett had taken and sub- 
scribed the oaths and Declaration where upon he was admitted his 
seat. 

Voted, That the following message be sent his Ex'-'' the Gov- 
ernour in answer to his message of this day directing that we im- 
mediately proceed to the choice of a .S})eaker, that y'' ]>usiness of 
tlie Session be no longer delay'd, and that the new members if 
any of them are in town are to have a vote in the said choice. 

31(11/ it pJ('(i><(>. ijnur Exci'Ui'urn. 

After the maturost consideration on your Exc>"* l)isapprol)ation of our 
clioice of a Speaker and your Exc^'^ Indeavour to introduce members into 
this House from unpriviledg'd Places of your own mere Pleasure, we 
[p. 124.] made a full ujid fund llesolve on those Points, and that y^' Busi- 
ness of ye Province miglit not be delay'd Sent it your Exc^' this day 
Sev'ni*;, to which Sir we pray you to be Kefer'd it being our tlx'd Deter- 
mination to adhere thereto. 

The foregoing message was sent to liis Ex^' by James Clerkson 
Tho' Davis & Clem' March Esqs. 

Mr. Sec^ came into the House and by his Ex^* Directions ad- 
journ'd y^ Gen^ Ass'" till to morrow 11 o'clock. 



Wednesday Jan^ 18, 1748— a. .ai. 
The House met according to adjournm'. 

Mr. Sec/ came into the House and by his Ex^'" Direction ad 
journ'd y" Gen^ Ass'" till three o'clock. 

Wednesday Jan^ 18, 1748—1-. .m. 
The House met according to adjournm'. 

Voted That the following message be sent his Ex'-*' the Gov- 
ernonr. 



<S0 PROVINCE OF NEW-HAMPSIIIEE. [1749. 

May it please i/onr Uxcellenci/ ■ 

Consideriiiii- the Present situation of our Publick afiairs, -wliicli have at 
best But an uncomfortable aspect on his Majestj''s good subjects of this 
Province, We crave leave to Kenionstrflte to your Excellency. 

[p. 125.] We arc now in the third week since Ave were convened and 
niiglit have done a considerable part of the Provincial Business before 
tliis time, had not your Exc>' Eestrained us. 

On Tuesday the tenth Ins^ Ave sent your ExO' our final Result upon .your 
3')isapproviug our choice of a Speaker & Introducing members into this 
House Avithout LaAv usage or Custom to Avarrant the same or any other 
autliority that Ave knoAV of. 

From y" tenth Ins' to ye seventeenth Ave Avere silent & patiently Avaiting 
for your Ex.^s farther Pleasure Avithout having any thing from your Exy 
but your messages to adjourn this House once or tAvice a day and one 
Message to Prorogue us— Save thatyesterdayAA-e had a message from your 
Exy Directing us to choose a Speaker and to admit tlie ncAv members if 
any of them Avere in toAvn to vote in the choice. For ansAver to this 
message avc pray'd y^' Exy to be Eefer'd to our Resolve sent y» Exy the 
tenth cur't to Avliich Ave Avere & are Determiu'd to adliere. 

The case standing thus 

AVe think it uoav high time to address yf Exy on the common affairs of 
y" Province and in faithfulness to our constituents and justice to onrselves 
to say 

Tliat Ave Esteem it necessary to y*^ Aveal and Avell being of y^ Province 
that ye State of y*' Treasury &'the several funds of our Paper currency be 
[p. 12G] immediately Exam'd into and more especially as your Exy Avas 
Pleas'd to keep ye Province Avithout an Ass'" from the fourtli of June last 
to ye third of the present month : Tliat y«^ Province is overAvhelm'd Avith 
Debt as Ave have Reason to think and the Publick aftairs in a perplex'd 
condition as Ave have Reason to fear : That y"^ Soldiery Avho scouted & 
Guarded the frontiers last Summer are crying aloud for their Avages AAiiich 
they justly Expected to Receive Avhen they Disbanded — But Ave Avere Dis- 
appointed : That Ave think the State of the Loan ought to be forthAvith 
Enquired into & the Interest of that money Disposed of according to the 
appropriations : That ye Parliamentary Grant t() reimburse the charge of 
the Cape Britton Expedition in our opinion merits the attention and 
greatest care of a Geni Ass™ that it may be put into proper hands as soon 
as possible & Disposed of agreeable to the tenor and Intention of the 
Grant : That the Records "of Deeds have Ix'cn shut np several Days 
Avhich is a manifest Obstruction to the course of Justice : That there is 
no person authorized to collect the Excise nor has been for several months 
past — and finally that there are sundry accounts of long standing Be- 
tAveen the Province and Committees noAV lying open Avhich ought to have 
been settled before this time. 

[p. 127.] We Humbly offer these things to y'' Excys serious considera- 
tion hopeing y"' Exy will be moved hereby to compassionate the Dis- 
tressed condition of the Province and no longer keep us together in a 
State of Inaction, but permit ns either to enter upon and proceed in the 
Business and service of our King and Country, or to Return to our oAvn 
private afl:airs. 

Past niiaiiiinonsly. 

The foregoing message Avas sent his Ex^' by James Clerkson & 
Tho' Millet Esqs. & ]\Ir. Philbrick :\Ir. Giddings & Mr. Knight. 

The Sec-^ came into the House and by his Excellency's Direc 
tion adjourn'd y'' Geu^ Ass™ till to morrow Eleven o'clock. 



17^0.] JOURXAL OF THE HOUSE. 81 

Tliursday Jan>' 19''^ 1748— a. ^r. 
The House met according to adjourrmient. 

Mr. 8ec^' came into the House and by liis Ex'^ Direction ad- 
journ'd y*^ Gen^ Ass'" till three o'ckick. 

Thursday Jan>' 19"^ 1748— p. m. 
The House met according to adjournment. 

Tlie 8ec-^' came into the House and by his Ex- ' Direction ad 
journ'd tlie Gen' Ass'" till tomorrow ten o'clock. 



Fryday Jan'' 20, 1748 — a. m. 

The Plouse met according to adjournmir. 

[r. 128.] Mr. Sec-' came into the House and said he was Di 
rected by his Ex^' to inform y'' House that he had prorogued tlie 
Gen' Ass"' to "Wednesday the Eighth Day of February next at ten 
o'clock A. M. And then in his Majesty's name Declared this House 
Proi'osfued. 



Wednesday Feb'' y" 8, 1748 — The House met according to Pro 
rogation. 

Mr. Sec-^' came into the House and by his Ex^^ Direction ad 
journ'd y"" Gen' Ass"' till 3 o'clock. 

Wednesday Feb. 8, 1748 v. ?.i. 

j\Ir. Hec-^ came into the House, Joseph Blanchard & Tho^ Pack- 
er Esq being with him & Inform'd the House that Joseph Blanch- 
ard Esq. & Tho- Packer Esq. two members Ileturn'd upon the 
King's writ had taken the Oaths and subscribed the Declaration. 

[p. 129.] Whereupon the said Jose])li Blanchard & Thomas 
Packer Es(j[s Moved for a seat in the House and to be heard to 
shew that they liad a Right thereto. Coll" Blanchard moreover 
said, that since liis coming to Toavu he had the favovu* to obtain a 
copy of an Instruction to his Ex^ which he tho't gave him a Right 
to a Seat in this House Avhich he desir'd Leave to Read and after 
a slmrt withdraw l)y order of the House they wei'e Readmitted 
and being inform'd that they had the Leave of the House to olfer 
what they tho't proper to shew that they had a Right to a Seat in 
this House Mr. Packer Produced a ])aper which he Read and 
being Desired to lay the same on the Table said he would Lend it : 
Goj^y of which is as follows. 
a 



<S2 PROVINCE OF NEW-HAMPSHIRE. 

By the Lords Justices. 
Bedford Gower C. P. S. 

MOXTAGU 

Pembroke 

Additional Instruction to Bemiing Weutwortli, Esq. his Majesty's Govern- 
our and Commander in Chief in & over the Province of New Hamps^ in 
New England in America, or to tlie Commander in chief of the said Pro- 
vince for tlie time being. 

[r. 130.] Given at White Hall the thirtieth day of June 1748 in tlic 
twenty second year of his Majesty's Reign. 

"Whereas it hath been Represented unto his Majesty that you having in 
his Majesty's name and by vertue of your Commission Issued a writ to 
the Sheriff of the Province under your Government commanding liim to 
make out Precepts Directed to the Selectmen of certain Towns Parishes 
& Districts therein mentioned for the Election of lit Persons qualified in 
Law to Represent them in the General Assembly appointed to be held at 
Portsmouth within the said Province on the 24:t'\Day of Jamuiry 17-t4:-5 
By which writ the Towns of South Hampton and Chester and the Dis- 
tricts of Haverhill and of Methuen & Dracutt, and the District of Rum- 
ford were Impowered to choose Representatives as aforesaid — Tlie said 
General Assembly did Refuse to adniitt the Persons duly Elected to Rep- 
resent the said Towns and Districts, to sit & Vote in the choice of a 
Speaker: And Whereas the Right of sending Representatives to the said 
Assembly was founded originally on the Commission & Instruction given 
by the Crown to the Respective Governours of the Province of New 
Ilampsi" and his Majesty may therefore lawfully Extend the Priviledge of 
.sending Representatives to Such Towns as his Majesty shall Judge worthy 
[i*. 131.] thereof — It is therefore his Majesty's Will and Pleasure and you 
are hereby directed and Required to Dissolve the Assembly of the Pro- 
vince under your Government as soon as conveniently may be and Avheii 
another is called to Issue his Majesty's writ to the Sheriff of the said Pro- 
vince commanding him to make out Precepts Directed to the Selectmen 
of the Towns of South Hampton and Chester, the Districts of Haverhill 
and of Methuen & Dracutt and the District of liumford, Requiring them 
to cause the freeholders of the said Towns to Assemble to Elect tit per- 
sons to Represent s'i "Towns & Districts in General Assembly in manner 
following, viz. One for the Town of South Hampton, one for the Town 
of Chester, one for the District of Haverhill one for the District of Me- 
thuen & Dracutt, One for the District of Rumford,— And it is his Majes- 
ty's further Will and Pleasure that you do support the Rights of such 
Representatives when chose, and that you do likewise signify his jMajes- 
ty's Pleasure heiein to the members of the said General Assembly. 

Extract of that part of his Majesty's Additional Instruction Determin- 
ing ye Right of sending Representatives to such new Towns as his Majes- 
ty shall Judge worthy thereof to be in the Crown. 

Pr. Theodore Atkinson, Sec-^'. 

[p. 132.] Mr. Sec'' came into the House & b.y ]iis Ex'' Direc 
tion adjourn'd the Gen^ Ass'" till to inorrow ten o'clock. 



Thursday, Feb>' 9, 1748— a. .^i. 
The House met accordinc: to adjournm'. 

Mr. Sec^ came into the House and by his Exc'" Direction ad- 
journ'd y'^ Gen' Ass"' till three o'clock. 



1740.] JOURXAL OF THE HOUSE. 83. 

Thm-sday Feb^' 9, 1748— f. ji. 

The House met according; to adjournment. 

Wm. Frost, Esq. Bro't into the House a Petition from sundry 
Inhabitants of New Castle S: Rye Representing illegal proceed- 
ings in the Election of Tho^ Bell & Richard Jenness Esqs to be 
Representatives and praying that they }nay be Di.smiss'd from this 
House, &c. which is on hie. 

Mr. Sec^ came into the House and by his Ex^' Direction ad- 
journal the Gen^ Ass"" till to morrow 10 o'clock. 



Fryday Feb^ 10, 1748— a. m. 

The House met according to adjourmnent. 

Voted That the Hon""' Richard" Waldron, Esq. ,Tho^ Millet Esq.. 
James Clarlcson, Esq. Coll" Peter Gillman & Mr. Henry Sherl)urne, 
[p. 133.] be a Committee of this House and that they or the major 
])art of them forthwith prepare an Address to his most Excellent 
Majesty Representing the Grievous and Distressed State of this 
Province in General and in particular they take notice in it of a late 
partial Representation, to say no worse of it. made to his Majes 
ty by some person or i)ersons unknown, to the Prejudice of this 
Province and to pray for Relief That the said Address when ])re- 
])ared be laid l)efore the House if sitting for their a])])robatiou But 
if not siting then the said Address to be signed by the said Com'"'^ 
or the major part of them in the name of the House and forward- 
ed with all possible Dispatch. 

Mr. Sec^ came into the House and by his Ex-^'* Direction ad- 
journal the Gen^ Ass'" till to morrow ten o'clock. 



Saturday Feby 11"^ 1748— a. m. 
Tlie House met according to adjournment. 

Mr. Sec^ came into the House ct Dc^iivered the following writ- 
ten Message from his Excellency the Governour, viz. 

[p. 134.] Provmce of 
New Humps''. 

To the members of the Asseml)ly Eeturu'cl 
on his Majesty's writ to serve iu General Assembl}' : 
On Wednesday the S'^' curr' the Sec>' deliver'd my order to Coll'^ Joseph. 
Blaucliard and Thomas Packer, Esq. two members duly Elected & Quali- 
tied to sit aud vote in General Assembly, an authenticated Copy of his 
Majesty's Additional Instruction, Given at AVhite Hall the 30*'i June 1748, 
Wherein his Majesty's Kight of sending IJepreseutatives to such new 
Towns as he shall think worthy thereof is fully & amply set forth. 

The said Instruction was given to Coll" Joseph Blanchard&Thos Packer 
Esq"^ to support their Election and the Election of the other new Members 
from the several Towns & Districts iu ol^edience to the Eoyal commands 



S4 PROVINCE OF NEW-IIAMPSHIEE. [17:t9. 

tlierein signitied to me & that tlie meinl)evs of the Assembly miglit be 
fully apprised of the contents thereof. ISTotwithstaudiug liis Majestys 
said Instruction lay in the House two days, yet the members from the 
new Towns liave hitherto been refused a seat with the other members 
Avhich is in Direct Disobedience to his Majesty's commands, and will be 
Esteemed the Highest contempt of liis authority. 

[v. 135.] You are therefore Strictly required forthwith to receive such 
of the new members as are duly Elected & Qualified that are in Town, and 
tc i^roceed to the choice of a Speaker and when chosen to present him to 
the Chair that the Publick business may sutler no longer delay. 

B. Wentwokth. 
Council Chamber in 
Portsmouth, Feby 11. 174S-[). 

Upofi wliicli message it was moved to send to the Sec^ for the 
Precepts issued by y*^ Sherriii to y' selectmen of y* new Towns and 
Districts for tlie choice of liepresentatives for the present Gen^ 
Ass'" with the Ileturns thereon and the Clerk was Desired to ask 
y*^ Sec^' for them Mdio Accordingly did and then inform'd the House 
that the Sec>' said tliose writs were not lodged in Ids office but 
Avere with tlie Sherriff. 

The Door keeper came into the House & said ColP Blanchard 
& Mr. Packer were without & Desired admission into the House. 
Upon wducli Maj'' Davis one of the members was directed to in- 
form those Gentlemen that tl\ey had the Leave of the House to 
come in who came accordingly and Mr. Blanchard said to the fol- 
lowing purpose, viz. 

That when they came here a few days ago to claim a seat in this 
[p. 136.] House they bro't a copy of an Instruction Avith them to 
support their Right Avhich co])y they then Lent y'' House, but hav- 
ing afterwards A\ithdrawn it and liaving cb having made the nse 
of it they had occasion for had now bro't it in again and the House 
might have it if they Plcas'd — to Avhich it Avas reply'd, As it was 
liis he might do Avith it as he ])leas'd. Whereupon he Laid it on 
y" Table tt then AvithdrcAV as did Mr. Packer Avith him. 

The Sherriif of y*^ ProA'ince being called into the House Avas de- 
aired to lay the Precepts Avhich he sent to ncAV Towns & Districts 
Avith the Returns thereon before the House: Reply'd that he 
Avould consider of it — and after withdrawing and tarrying a fcAV 
minutes Return'd and said, That Avhen this House Avas Duly set- 
tled & Qualified to act he Avonld lay those papers before them but 
not till then. 

Mr. Sec^ came into the House and by Ex^'^ Direction adjourn'd 
y*-' Gen^ Ass™ till Monday next ten o'clock in y^ forenoon. 



Monday Feb^ 13, 1748— a. ^r. 
The House met according to adjournment. 
[Adjourned till 3 o'clock. Again met. Adjourn'd till Tuesday, 
[p. 137.] 10 o'clock. Met and adjourned till 3 o'clock r. m.] 



17-t9.] JOURNAL OF THE HOUSE. 85 

Voted, That tlie following- Message be sent his Excellency the 
Governour. 

May it please yonr Excellency — 

On Satinxlaj'- last just l^efore wc •were adjouru'd we received your mes- 
sage of that days date ])y Mr. Secretary wherein your Ex3' tells us that the 
Secretary delivered by your order to Coll" Joseph Blanchard & Thomas 
Packer Esqf two members duly Elected & qualified to sit and vote in trcneral 
Assembly An authenticated copy of his Majesty's Additional Instruction 
wherein your Excellency is pleas'd to say His Majesty's lUght of sending 
Eepreseu'tatives to such new Towns as he shall think Avorthy thereof is 
fully & amply set forth, and further that the said Instruction was given to 
Coll" Joseph Blanchard & Thomas Packer, Esq" to support their Election, 
&c. 

If your Excellency intended the a))ovementioned copy as a message to 
the general Assembly & the abovemeutioned gentlemen to be the messen- 
gers they foil'd to Execute the trust, for nothing of that kind was sug- 
gested by them, Init on the contrary Coll" Blanchard said he had the f\ivour 
to obtain that copy : and after it was read they were carrying it olfas their 
property — but upon the Speakers Desiring it might be left with y"^ House 
[p. 138.'] Mr. Packer Pcply'd he would lend it. and laid it on the Tal)le, and 
two days after it was demanded and deliver'd to the owner or owners. 

If your Exy did not intend it for a message to the general Assembly then 
Ave presume you do not Expect that Ave should take notice of it as such : 
Nor can avc tiiink your Ex-v did intend it as a message if it Avas anything Ave 
have a right to Inquire into, because your Excellency told us four or five 
Aveeks ago that you Avould not give u.s any ansAver to any thing Ave had a 
right to Inquire into till Ave had chose a ncAV Speaker tic adnuttcd tAvo per- 
sons from South Hampton & Chester to vote in the choice,— Avhich avc 
have not yet done. 

But further Avith respect to the copy aforesaid your Ex>' calls it in your 
Saturday's message an authenticated copy of his Majestys Additional In- 
struction, by Avhich avc understand a copy of the Avhole instruction. But 
Mr. Secretary in his attestation of it calls it but a part, his Avords are these : 
"Extract of that Part of his JIajcsty's Additional Instruction," &c. If 
there be a licpugnancy betAveen your Ex>smcs>:'ge and ^Ir. Secretary's at- 
testation Ave leave it Avitli your Ex.^' to Peconcile the dillcrence, and at the 
same time assure your Excellency that Avhenevcr you shall lay thcAvhole In- 
struction l^eforc us Ave Avill treat it Avith the utmost deti'erence Kespect and 
llegard and act upon it in such a maimer as becomes the most dutifuU sub- 
jects, being Determin'd to do in this case and all others (avc shall have 
cognizance of) that Avhicli Avill most tend to promote the Honour of the 
CroAvn and the ])cnefit of the subject, Avhich avc are persuadid Avill be most 
acceptable to his Majest}- Avho is a tender father antl gracious King. 

What j'our Ex>' is i)leas'd to say as herein before recited, viz. That those 
gentlemen are members Elected & t^ua.liticd to sit and vote in gen' Assem- 
bly, that the aforesaid copy Avas given them to support this Election &c. 
[p. 139.] and that in the said copy is set forth his Majesty's Eight of send- 
ing Representatives to such ncAV ToAvns as he shall think Avorthy thereof, 
Ave must take leaA-e to Refer to your Ex^' for an Explanation. For hoAV his 
Majesty's Right of sending Representatives to such ncAV ToAvns as he shall 
think Avorth.y thereof can support an Election of those Gentlemen to sit 
& A'ote in this Assembl_y is as far beyond our comprehension as it is out of 
our Power to reconcile to & from to one meaning and make them convey 
the same idea — Beside, Sir, avc must take leave further to say that it is 
really a matter of Avonder to us that your Excellency should think that the 
copy which Avas lent us as aforesaid could support the Election of those 
gentlemen Avho are return'd from Places not so much as mentioned in the 



so PEOVIJsCE OF NEW-HAMPSHIRE. [1749. 

said copj^ Except Metliuen "vvliicli is one oi the two places from Avliich Mr. 
Packer is lleturu'd. 

As to your Excellencys charging us with Direct Disobedience to his Maj- 
estys commands and saying it will be Esteem'd the Highest Contempt of his 
Majestys authority, We repl.y that we are sorry your Ex>' chose to signify 
your mind to the Assembly in such severe terms : However, Sir, we are 
not Dismay'd having consciences void of oHence in this matter and we 
doubt not but we shall be able to sit this controversy in so just and clear 
a light before his Majesty as to avoid the Reproach of Disobedience and 
contempt which your Exy has so freely BestoAv'd upon us and Instead 
thereof to obtain his Majesty's Royal approbation of our conduct through 
the whole of this important and very Extraordinary affair. 

As to onv Proceeding to a new choice of a Speaker we have more than 
once signified the mind of the Assembly to your Ex:^' on that head to which 
we pray you to be refer'd for an answer to that part of your Message more 
Especially till your Excellency shall be pleas'd to shew us your Power to 
^Negative the choice already made. 

[r. 140.] Mr. Sec^ came into the House and by liis Exc-^' Di- 
rection adjoiirn'd the Gen' Ass'" till to jnorrow ten o'clock. 



Wednesda}- Vch>' l.j"' 1748— a. :,i. 

The House met according to adjotn-nment. 

The message wdiich Avas yesterday Voted to be sent his Exc7 the 
Governour w^as this day sent by Coll'' Gilnian, Mr. Philbrick Mr. 
Hall & Mr. Macmur})hy. 

Mr. Sec^' came into the House and by his Ex^' Direction ad- 
journal y'^ Gen^ Ass'" till three o'clock. 



Wednesday Feb-'' 15, 1748 — v. 
The House met according to adjournment 



M. 



Mr. Sec^' came into the House and Deliver'd the following writ- 
ten message from his Ex^ viz. 

Province of ) 
New Hamps'' 5 

To the members of the Ass"^ return'd on his Majestys Writ to serve 
in General Assembl}^ — 

If in any manner you have had his Majestys Instruction Given at White 
Hall June 30*^'> 1748 signified to the members of the Gen^ Ass™ Determin- 
ing the Right to be in the Crown of Lawfully Extending the Priviledge of 
aending Representatives, to such new Towns as his Majesty shall Judge 
[p. 141.] v.-orthy thereof, it was all his Majesty intended, wlien I am com- 
manded by said Instructions to siguilie his Majestys Pleasure therein to 
the memljers of the said Gen"' Ass'". 

As to the method of Doing it, and time when I hope I may be permitted 
to be the sole Judge and therefore you may not Expect any other part of 
the Royal Instruction than what has been laid before yon. The Kings In- 
structions being to govern me & for 3^ou to o])ey. 

You seem to cavell at the Language of the Royal Instruction, but when 
you will give yourselves time to cool a little I ani perswaded you will find 
the English to be Sterling, and that it needs no further Explanation. 



1749.] JOURXAL OF THE HOUSE. 87 

It Avill be needless to put the people j"ou Repi-eseut to auy further ex- 
pence in disputing about the names of the Towns the members are call'd 
from which you have hitheito refused a seat with the other members; 
Because I liave hy vertue of m.v Commission called them from such 
Towns as I tho't worthy thereof^and if I had thought ten other Towns 
worthy of sending Representatives I should in obedience to the Roj'al 
Instruction have supported their Election as zealoush' as I shall the Elec- 
tion of Coll" Blanchard & ]Mr. Packer and the other neAv members ; In the 
Execution whereof I am sure of his Majesty's approbation, and as sure 
that your conduct will be Esteem'd the Highest Act of Disobedience, and 
[p. 142.] if you could but lay aside the strong Prejudice some of you 
brought with you. you must honestly confess, tliat you have as fiir as in 
your power l)een striping a sett of honest industrious People of a Privi- 
ledgc which his ^Majesty has Determined have a)i ctiual Right with 
yourselves. 

I shall pass by the Irregularities & Indecencies of the other parts of 
Avhat you call your message of the 14"i Instant, and shall only take Notice 
of what relates to the choice of a new Speaker. The King's Commission 
and Instructions are & shall be the measure of my conduct in the admin- 
istration of my goverinuent, and by them I have a negative on every act 
of Government, and consequently fall power to Negative one or more 
Speakers and if my autliorit.v will not convince you clearer Evidence may 
))e had at White Hall Avhere some tlentlemcn seem very fond of going 
and where any misconduct of mine Avill be impartially considered. But I 
would advise you to be certain of tlie justness of your cause before you 
presume so far : For if you should lun-c the misfortune to miscarry it 
Avould illustrate my conduct Avliich would neither answer your purposes 
nor intentions. Be pleas'd Gentlemen once more to take Uiider your con- 
sideration how long you have disobey'd his Majesty's Conunands in not 
proceeding to the choice of a Speaker after the Speaker presented to the 
Chair was Disapproved by me, whereb}' yon have put a stop to the ad- 
ministi'ation of my Government so far as was in your Power. 

[p. 143.] Be pleas'd likewise to consider the Error you have made pro- 
ceeding to debar Gentlemen call'd to serve their King and Country by the 
same Authority with your selves from a seat in the House of Representa- 
tives before you had the least shadow of power to justify you. If j-ou 
had proceeded against these Gentlemen after yon were Qualitied to aci as 
a seperate Branch of tlie Legislature, it might have been less Expensive 
to the Pul)lick and for whicli I believe the people yon represent would 
liave thank't you. But as you have tho't tit to act otherwise I am Indis- 
pensably liound in obedience to the Royal Commands to support the King's 
Authorit}^ in every branch of it and to use mj' utmost Endeavors in sup- 
port of his Instructions. 

Comicil Chamber in B. "\Vi:xtwoi:tii. 

Portsmouth, Febx i:>"' 1748-!). 

Mr. Sec'*' came into tlie House & l)y liis E.\c-^'^ Direction ndjoiirnd 
"the Gen' Ass'" till to }norrow ten o'clock. 



Tluirsday FeV 16: 1748— a. :*r. 

The House met accordinGf to adjournment [and adjournd till 3 
o'clock, p. M., again met and] 

[r. 144.] Voted, That the admission of the Persons Return'd 
upon the King's Writ t-o serve as Representatives for the Towns 



88 TKOVIXCE OF NEW-HAMPSHIKE. [17i9. 

of South Hampton & Chester, & y'' Districts of Haverhill and of 
Pelhani and Metlmen, and the Towns of Dunstaljle, Merrimack, 
Monson, Nottino-ham West and the District of Kumford, to sit 
& vote in this House be suspended till his Majestys pleasure shall 
be farther kno\\'n. 

Mr. Sec^' came into the House and by his Ex-^"' Direction ad- 
journ'd the Geu^ Ass'" till to morrov/ ten o'clock. 



Fry day Feb-^' 17"' 1748— a. m. 
The House met [and adjourn'd till 3. r. sl, and tiien adjourn'd 
till next day. 10 o'clock, a. m., aiid then adjourn'd till next day, 10 
o'clock, A. M. 



Saturday Feb>' 18, 1748— a. m. 

The House met accordino- to adjournment. 

Mr. Sec^ came into the House and Said it was his Exc'' Plea 
sure to Prorogue tlie Gen^ Ass'" till the fourth day of April next at 
ten o'clock in the forenoon, then to meet at this Place, and then in 
his Majesty's name Declared this House Prorogued. 



[p. 145.] Tuesday Apr' 4'" 1749. 

The House met according to Prorogation. 

Mr. Sec^ came into the House and by liis Ex-' Direction ad- 
journ'd the Gen' Ass'" till to morrow ten o'clock. 



Wednesday Apr' 5 1749, a. m. 
The House met according to adjournment 
. Mr. Sec^ came into the House and l)y his Ex^* Direction ad- 
journ'd the Gen' Ass'" till three o'clock. 

Wednesday Apr' 5"' 1749, r. m. 
The House met according to adjom-nment 

Mr. Sec^ Bro't down the following written message from his 
Ex'' the Governour, viz. 

Province of } 

Nevv' Kainps'' ^ To the menil:)ers Return'd to serve in General Ass'" from 

the Kespcctive towns hy vei'tue of the King's writ. 
Gentlf-meii 

Yoiu- repeated Eefustil to comply Avith my orders in procecdinic to tlie 
Choice of a Speaker in the Pooni of Iiithard AValdron Esq'' who I Disap- 



1749.] JOURNAL OF THE HOUSE. 89 

proved of and the Disregard j-ou have shown to his Majest3-s lustruciiou 
Giveu at White Hall June oU^'' 1748 connuandiug- me to call in six new 
members from several Towns >.<; Districts witliin this Province and to sup- 
port their lilectiou when chosen made it necessary for me to give several 
Prorogations to the Gen' Ass'" hopeiug thereliy yon might maturely con- 
sider of your past misconduct & come to a due sense of your Duty to his 
Majesty & not give any further occasion for delaying the King's Business, 
[p. 146.] A due obedience to the Royal commands is what his Majesty 
may reasonably expect from his Plantations, and it is as reasonable to 
conclude that ills Majesty reciuires all his subjects in the Respective Colo- 
nies in their several Capacities to be aiding and assisting to his Govern- 
ours in carrying the Royal Connuands into Execution, all Pretences or 
Excuses to the contrary will avail nothing, but must be construed in the 
strictest sense as acts of Disobedience, and arc absolutely against the 
true Interest of the People, who tinally will be the only suH'erers. I shall 
thei'efore give you further time to deliberate on the duty you owe to your 
Sovereign and what I Esteem to be the true Interest of the Province. 

B. Wkntwohtii. 
Council Chamber in 
Portsmouth 5"' Apr' 174'J. 

Mr. Sec^" came into tlie House and by liis Ex-^ Directions ad- 
journ'd the Gen' Ass'" till tomorrow ten o'clock. 
[Met and again adjourned till] 

Fry day, April 7"' 1740, a. m. 

The House met according to adjoununeni . 

The Cojumittee appointed to maive a Draft of an address to his 
Majesty ])repared one accordingly which they laid before the Geu'- 
Ass'" which Avas Kead & accepted, and ordei'ed that the same 
should be forwarded to his Majesty with all i)ossible Dispatcli by 
the said Com'^''. 

To the JiTinr/s most Excellent Majesty 

The humble Address of the General Assembly of your Majesty's Pro^■ince 
of New Hampsliire in New England in America. 

[Copied from MS. Addresses to the King, pp. 74-sl'.] 
Mo&l Gracious ^(jvcrci'jn 

We your Majesty's most dutifull and loyal subjects implore your Per- 
mission to Spread before your Majesty the unhappy and distressed state 
of this Government, under the Administration of Mr. Wentworth the 
present Governor humbly intreating your Majesty to hear our Supplica- 
tion and to grant us relief. 

On the 24"' day of January in the year of our Lord 1744, a Gener:il As- 
sembly was convened in this Province l)y your JNIajestys Writ, and there 
appeared then among the Members 'live persons who came from places not 
privileged to send Members to the Assembly by your IMajesty's Commis- 
sion to tlie Governor, or ))y any Instruction that he would make known or 
b}' any Law, Statute or ordinance of this Government, but contrar_v to tlie 
ancient usage and custom thereof: iipon which Considerations, and its 
appearing that the Governor had made an attempt to extend your JNIajes- 
ty's Power further than he was authorized to do, by his Counnission or 
any Instructions that he could or would shew, and moreover, in consid- 
eration that those unprivileged Places, had never petitioned the Lcgisla- 



■90 PEOVINCE OF NE-\Y-IIAMPSHIKE. [1749. 

turc to authorize tlieiu to send ]\eprt'sentative.s to tlie Asscmbh', nor 
ill any manner siguitiecl the least Desire of that kind, the said five Persons 
tAvere refused a Seat in. that Assembly, Avhich was dissolved the third Day 
of May following, having been continued by several Adjournments about 
three months and ten days : This "was the Assembly that made the gen- 
erous and unasked Grants of JNIoney to your Majesty for carrying on this 
Province's part of tlie extraordinary and successfuli Expedition against 
Cape ]>riton, and this was their rcAvard from the Governor, namely soon 
after they had done it to be dissolved. 

On the Tjt'' Day of June 1745, another Assembly was convened in pur- 
suance of your Majesty's Writ, but Ave presume, from a consciousness in 
the Governor, that he had before extended j'our Majesty's Power beyond 
-what he had your Majesty's order or leave to do, he made no second at- 
tempt of the like kind at that time, and so no contest of that sort inter- 
j-upted tlie Provincial alfairs during the continuance of that Assembly 
whicli was three years or tliereabout, tho' he made several attempts of 
otlier kinds during tliat space as well as before, and since, whicli have 
occasioned a general Dissatisfaction and uneasiness throughout the Pro- 
vince. 

On tlie third Day of January last anotlier Assembly was convened hy 
3'our Majesty's Writ Avhen several persons from unprivileged places, ap- 
peared among the members, as in the year 1744, without our knowing 
from tlie Governor or having the least intimation, any other way that it 
was \-our Majesty's pleasure tlie number of tlie Assembly should be aug- 
mented, whereupon we refused to admit those Persons to sit and vote 
with us as the former Assembly had done, in the year 1744. 

After our choosing a Speal;er l\v the Governor's Order, and informing 
him whom Ave had chosen, he sent a member of Council to inquire Avheth- 
er the Persons return'd from Southampton and Chester A'oted in the choice, 
(they being all the persons then in Toavu return'd from unprivileged 
Places) Ave immediately replyed that tliej' did not vote in tlie Choice of a 
-Speaker. 

Then he sent a message by the Secretary signifying his Disapprobation 
of our choice of a Speaker, directing us to proceed to tlie choice of an- 
other, ami declaring none should l^e approAcd unless those tAvo Persons 
had a vote in the choice. 

We immediatelj^ rejoyn'd in another Message to the Governor, that as 
soon as lie Avould shoAv us his PoAver to negative a Speaicer, Ave Avould 
proceed to the choice of another, and as soon as he Avould evince to us 
that tliose Persons Avho came from Southampton and Chester had a right 
to sit in the General Assembly Ave Avould admit them. 

To Avhich he reply'd, that Avhen Ave had obey'd Avhat he had commanded, 
in regard to the choice of another Speaker and admitting those Persons 
Avho came from Southampton and Chester, he Avould give us satisfaction 
in the things Ave had a right to iniiuire into, liut not till then. 

This Ave apprehend, Avas such a peculiar Peply and so much Mr. Went- 
Avorth's OAvn, that no other Governor in your Majesty's Dominions could 
in a like case have devised such. 

Thus the Matter stood, the Country distress'd, the Assembly perplex'd, 
and all our Provincial atfairs at a dead stand, till the IS Day of said Jan- 
uary, Ave not having yet luul one singk' Hint of an additional Instruction 
touching the Admission of Members from the ucav Toaviis into the As- 
sembly. 

Then Ave address'd the GoA'eruor, earnestly beseeching him to permit 
.us to enter upon, and proceed in the common and ordinary Busyness of 
our King and Country, or to return to our private aflairs ; sIiCAving at the 
same time, that there Avas no Collector of the Excise, that the office of 
Eecorder of Deeds was shut up, and the course of Justice therebj- ob- 
• structed; that the Treasurer's accompts had reninin'd a long time unset- 



1749.1 



JOURNAL OF THE HOUSE. 91 



tied, that the ,soldier.s who guarded the frontiers hist Summer were cry- 
ing aloud for their wages, a"ud no Provision made to pay them, that no 
care had yet been taken to bring over the Money granted by the Parlia- 
ment to reimburse the Charge this Province had been at in the Cape Bre- 
ton Expedition, in order to sink our paper Currency. 

These Inconveniences to the Government are principally owing to the 
Governors keeping the Province without an Assembly from the fourth of 
June to the third of Jauuaiy, being seven Months. 

To the Address abovemeution'd, the Governor made no reply, Init two 
Days after it was sent him, viz. on the twentyeth of January, he pro- 
rogued the General Assembly to the eighth Day of February following. 

At which time we again met, Avhen two gentlemen said to be chosen by 
some of the new places, and who had not appeared before, came to the 
Assembly and demanded a seat with us, saying they were chosen by vir- 
tue of the King's Writ, and one of them added. That since his coming to 
Town he had tlie favor to obtain a copy of an Instruction which he sup- 
posed would entitle him to a seat in the Assembly. The copy was read, 
and at the Desire of the Assembly left Avith them, one of those Gentle- 
men saying he would lend it. 

This was the tirst Intimation we had of an Instruction for calling rep- 
resentatives from new places tho' we had sit sixteen days l)efore the As- 
sembly w^a.s prorogued, and a second session was now licgun, and not- 
withstanding also the Governor was expressly required thereby to signi- 
fy your Majestys Pleasure tlierein to the members of tlie Gen^ Assemlily. 

As soon as we had the said Copy (tho' in such a Manner) we imme- 
diately entered upon the Consideration of it, as we esteem'd ourselves in 
Duty bound to do, but it was recall'd two days after it Avas lent us, and 
re-delivered to the Lender. 

We thought it our Duty also not to l)e sudden in our Pesolve, but to 
wait, and see whether the Governor would connnunieate to us the said 
Instruction in a parliamentary Way, and more especially, as what Avas 
lent us appeared l)y the Secretary's attestation to be l)ut a Copy of Part 
of the Instruction. 

On Saturday the eleventh of February the Govern' sent us a Message 
by the Secretary (but no Copy of the Instruction) informing, that on the 
eighth Currrent he had ordered the Secretary to deliver to Col" Blanch- 
ard and Mr. Packer an authenticated Copy of his I\Iajesty"s additional In- 
struction, in order to supi)ort their Election, and the Election of the other 
ncAV :Members, requiring us to receive them innnediately and proceed to 
the choice of a Speaker. 

L^pon Avhich Ave sent to the Secretary desiring that the Precepts Avhieh 
the Slieritriiad issued to the ucav places for the choice of representatives 
and the Selectmen's IJeturns tliereon, might be laid before the Assembly, 
to Avhich he reply'd they Avere not lodg'd in his oliice, but Avere Avith the 
Sheriff, tho' it appear'd'liy your Majesty's Writ, then lying before us, that 
the Sherift'Avas expressly required to return his Precepts, Avith the respec- 
tive SJelectmen's Returns tliereon into the Secretary's oflice, together Avith 
your .Majesty's Writ, yet this had not been done, altho' thirty Days Avere 
laps'd, since the return Day. 

Being thus frustrated in obtaining those Precepts and Ivcturns from the 
•Secretary's ofHce, Ave apply'd directly to the High .Sheriff for them, that aa'C 
might be the better enabled to judge, Avhether all or any of the Persons 
Avho came from the ucav Places and claim'd a seat in the General Assem- 
bly Avere chosen and return'd in pursuance of, and agreeable to your Maj- 
esty's Instructions, more especially Ave thought it necessary to see those 
returns Avhich the Select Men liad "made to tlie High Sheriff, as he (being 
the returning officer) had return'd himself to represent tAvo of the ucav 
Places; but the Gentleman (to our great surprise) ansAvered, that Avhen 
Ave Avere duly settled and qualifyed to act, he Avould lay those Papers be- 
fore us, and not till then. 



92 PROVINCE OF XEW-HAMrSIIIRE. [1740.. 

This, we apprehend is such an Instance of arbitrary judicial Power, as- 
sumed and exercised by an executive officer, as is not to ))e parallcl'd in 
an}' of your IMajesty's British Doniinions, nor do we tliinic he wouhl have 
made so niajestermi a Eeply, but in confidence of being supported in it 
by the Governor who is his brother-in-hiw. 

The case standing thus : 

1. That the Assembly was convened the third Day of January, con- 
tinued sitting to the twentyeth and then prorogued to the eighth of Feb- 
ruary, Ijefore we heard any thing of j'our Majesty's Instruction. 

2. That then a Part of it onely was brought and lent us, i'6v two Days, 
not sent by the Governor., 

3. That the High Sherifl", wiio was the returning officer had not re- 
turn'd the Precepts wliich he issued to the respective select men, with 
their returns to liim into the Secretary's office, as your Majesty's Writ x'e- 
quired him to do, when thirty days were pass'cl after the return day. 

4. Tliat the said returning officer, refused to lay those Precepts, and 
the respective selectmen's returns on tliem before the General Assembly, 
tho' requested so to do. 

5. Tliat the Governor liad sent for one Representative from five dis- 
tinct Places, v>-hicli vrei'e to unite in tlie choice, not one of which places 
is mention'd in tlie copy of that Part of the Instruction whicli was lent 
us ; and for another from two other Places, which were to unite also in 
tlie choice, one only of tlie said two Places being mention'd in tlie said 
copy. 

Lastly, that the Governor told us in one of his Messages, that if he had 
thouglit ten other Towns Avorthy of sending representatives he Avould 
have supported their Election : from thence it appeared to us, that he 
wi'o-ngfully infer'd from the said Instruction, (viz.) that because your Maj- 
esty might extend your Power, he therefore might extend it; Avhetlier he 
had your Majesty's order or leave for so doing or not ; Avhich, if that sh'd 
be the case, Avill be one of the most afflictive and distressing circumstances 
that ever happened to this People, whose Afi'ection, Duty and Loyalty to 
your Majesty, Ave think Ave may Avith truth say, Avere not exceeded (if 
equall'd) l)y the like number of your Majesty's subjects throughoiit all your 
Realms and Dominions. 

Forasmuch also, as not one of these new Towns or Districts ever Pe- 
titioned for leaA'e to send a representative in tho usual Avay, and so never 
Avas deuy'd that Privilege. 

MoreoA^er as Ave have tlie strongest Reason to belicA'c the representation 
Avliich has been made to your Majesty, and Avhich produced the additional 
Instruction before mention'd Avas not only partial but unjust. 

Therefore (upon all these considerations) Ave liaA'e taken leaA'e humbly 
to address your Majesty, in order to set this unhappj^ controversy in a just 
and impartial light, having resolv'd first, in obedience to your Majesty's 
Instruction (so far as it has been made known to us) not to reject the Per- 
sons return'd from the ncAv places, but only to suspend the Admission of 
them till the GoA'crnor's Management and Behavior should be fairly stated 
and laid before your Majestj-, and your Majesty's Pleasure lurther knoAVU 
thereon. 

And noAV, Ave most humblj' beseech your Majesty, that of your great 
goodness and clemency, no injurious or unjust Representations Avhich haA'C 
already been, or hereafter nia.v be made against this ProA'ince, may induce 
your Majesty to AvithdraAV j^our royal Favor from us, unless by an unbe- 
coming conductor MisbehaA'ior, it should be forfeited, AA'hich Ave pray God 
may iieA'er l)e the case, nor have Ave the least shadoAV of reason to tliink it 
eA'er Avill. 

In particular Ave humbly request that the General Assembly of the said 
Province maybe continued in their ancient usage and custom of haA'ing a 
A'ote in the Privileging of Places to send representatives to the said As- 



17id.] JOURXAL OF THE HOUSE. 93 

sembly, as there lias never been the least colour of I'orieiture, Xo place 
that has yet ask'd that Privilege having over been deny'd it to tliis Da.y; 
which usage and custom l)y the Favour of your Majesty, and yo' Koyal 
predecessors have been eujoy'd Time immemorial. 

We further most humbly implore your iVIajesty if it may stand with your 
Royal Will and Pleasure considering the wretched and perplexed condi- 
tion and circumstances in which all our Provincial atfairs are involved, 
and bro't on us, principally b.y the unreasonable and unskilfull conduct of 
the Governor, that he may he removed and a Gentleman of more knowl- 
edge in ^Matters of Government, and a better Disposition to cherish the 
Duty and affection of your Majestys subjects to your Mcjesty, may be 
placed in his room. 

AYe are, may it please your Majesty, 
your Majesty's 
most Dutiful, most obedient and 
most Loyal subjects & servants 
Portsm" in Xew Hampsliire. 
in Xew England, April 7, 174it. 



[The following Address, relating to the same subject, though without 
date, seems to liave been drawn up " by sundry members of the General 
Assemblv;"' whetiier forwarded or not to his Majestv. does not appear. — 

Ed.] 

A D DRESS. 

[Copied from MS. " Addresses to the King," pp. U t— U.] 
To the Kui'js most ExceUent Majesty in Council. 
The lluml)le Petition of Sundry of the meml^ers of the General Assem- 
bly of your I\Iajesty's Province of X^ew Hampsliire in Xew England, 
Shews, That 

We your ?ilajestys most Loyal & most Dutifull Subjects, sensible of the 
many Inestimable priviledges enjoyed l)y that form of (Tovernmeut under 
which we Live, among the chief of which we Esteem the Lilierty of ap- 
plying to our Sovereign in all cases of Injury as the fountain of Justice, 
and gratefully acknowledging your Majesty's Clemency & peculiar Regaril 
to the Grievances of the Lowest of j'our subjects. Implore your gracious 
permission to Exhibit some of the unhappy 6c Distressing Circumstances 
of this Province Relative to tlie administration of Government uuder the 
conduct & occasioned hy what we can't but apprelieiul to be arbitrary 
measures Pursued by our jiresent Governor Benniug Wentworth Es({r. 
With whom we would gladly have maintained a good Harmony, could it 
Iiave been done consistent with our Duty in tlie place we sustain. 

It is with the greatest Reluctance therefore that we have Entered into 
a Debate with our Governor to which nothing could have Inthiced us of 
less consequence than the preservation of those Libertys which l)y our 
happy Constitution and the Royal Grace &. favour have long been granted 
& continued to be our Right, and we a free People. We can't Init Expect 
to hear that since the commencement of this Dispute we have been rep- 
resented as malcontents of a Factious Disposition Influeiicetl only by a 
party spirit, laden with Inveterate prejudices & acting from no motive 
but a view to Embarrass the administration & render all Designs & pro- 
jections for the public good abortive. This is what is easily said, and is 
frequently thought. When men big with selrish purposes, meet with any 
opposition, let the principles from whence it proceeds be ever so lionest, 
the Instruments of it seldom escape the odium, the slander & all other ef- 



94 rKOviNCi-: of new-Hampshire. 

fects of a Furious Eescntmeut in the power of the opposed, due to the 
most Atrocious Vilhiiiiies, But as we have always been SoUicitous not 
only to obtain l>ut also to merit the character of i^utifull Loyal & faithful 
subjects, as tirmly attached to j'our Majesty's honour .!t Interests as any 
within your Dominions, We can with such a consciousness the more 
chearfully sul)mit our conduct to your Majesty's great wisdom & justice, 
Whether we have done any thing repugnant to that character. 

We have had such a large Experience of yo'' Majesty's Clemency & Pa- 
ternal regards for your subjects here, that we can't suppose any Governor 
over us will ever have your Majesty's countenance in any oppressive 
measures or such as tend to Innovations in the Constitution & an unjust 
lucroachment upon our Liberties, Nor that j'our Majesty will in any De- 
gree be displeas'd with an.y of your Dutifull subjects here or elsewhere 
who under y^ apprehensions of such an attempt, make a stand & resolutely 
oppose such measures even though tliey should be guilty of some 
undesigned mistakes, in the means they use to obtain that desirable End 
of preventing such an Infringment. This Experience of your Majestys 
Grace & favour thro' the Avhole of your auspicious Reign with the consid- 
eration of your Majesty's consummate knowledge of the Nature and Value 
of that Constitution of Govei'nment, of which your Majesty is the head as 
well as of Liberty in general, nnikes us with the greater alacrity Refer 
our selves as our duty Requires to your Majesty's wisdom and goodness 
for a decision. 

That in order to set this controver.sy in a clear light, it is necessary to 
observe that inost of the public aftairs in the several Towns here have 
alwa.ys been transacted in & by popular Assemblys, such as the granting, 
.•settling & Improving their Land, Electing those called tOAvn officers, col- 
lectors of Taxes and the like, which made it absolutely necessarj" these 
meetings should be under due regulation & government & accordingly in 
Earl}' times Laws were past l)y the Assembly for that purpose & were 
used in manuscript long Ix'fore any were printed, by which (among other 
things) cei'tain officers were Enabled to call the Qualitied Inhabitants tk. 
Freeholders, or the Freeholders only (as the Business Rerjuired) together 
and to regulate the atfairs & govern the meeting : And l^y a law of this 
kind now in Print Entituled an act for the better Regulating Town & Pro- 
prietary Meetings (among other things) it is provided. That all such 
meetings shall choose a Moderator ])y the Majority of voters present for 
the purpose afores'i, who is invested Avith a power of Fining & Expelling 
from the Assembly an}' disorderly persons. 

And l)y another Law of this Province Entituled An Act for the calling 
& Electing of Assembly men & their Qualiflcatious, It is Enacted that no 
Assembly shall continue longer than three years ; That there shall be tif- 
teen Days at least ])etween the Date of the writ for electing & the choice ; 
That no Person shall serve as a member of the House of Representatives 
who has not a Real Estate in the Province of the value of Three hundred 
Pounds; The (^ualitication of the persons Elected to be determined by the 
House and no person shall be allowed to vote in the choice of Represen- 
tatives who has not a Real Estate of the value of Fifty Pounds within the 
Town Parish or Precinct where he votes — the Qualifications of "\-oters to 
be determined by the Moderator &- Selectmen of the Town, Parish or Pre- 
cinct or the Major part of them, — But in case of a Dilt'erence among them 
the final decision to be ))y the House of Representatives. Upon which 
Laws we would with all humble sul)mission beg leave to obsei've, that the 
Moderator of these meetings has no authority but Avhen he is cliosen l:)y 
the Qualified Voters Lawfully called together : That the meeting of the 
Qualifiinl Voters to transact any affiur relating to any Town Parish or 
Precinct as such is always supposed to be within the Town Parish or 
Precinct Respectively for which the business is to be done : Thus for 
instance the choice of Representatives for the Town of Portsmouth must 



1749.] JOUKXAL OF THE HOUSE. 05 

be made at Portsmouth, and so of any other Business of that Town, tliat 
is to be done by Law by an Assembly of the people belonging to it or 
Freeholders in it ; And it never was known from the Beginning of Times 
here (till very lately in one Instance only) That two or more Towns, 
Parishes, or Precincts united for such purposes (Excepting the cases 
hereafter mentioned) But the (lualilied voters of every place must by the 
I^aw hold their meeting at the place they belong to & not Elsewhere: 
That from hence it folfows tiiat there cannot be a Lawful! Assembly of 
the Qualitied Voters of Two or more Towns, Parishes, or precincts 
(which are to send Kepresentatives to the General Asseml)ly) united in 
one li. the same meeting within one such place either to choose one or 
more persons to represent them complexly, as several Bodys or Corpora- 
tions consolidated, nor to choose one or more for each of them severally ; 
for Each must choose severally within their own Jurisdiction : ^Jor could 
there be any order kept at such united Meetings. The moderator so cho- 
sen could have no power, he could Derive no authority from the Laws 
which Invest him with suthcient power in other cases, Because in this 
case he is not Legally chosen, for to every legal purpose iSuch a meeting 
would be only a tumultuous Assembly, and all their Transactions a nicer 
nulity, having neither Law to support it nor usage nor custom to give it 
countenance. There is indeed some few Instances (which are Avhat we 
intended by the Exceptions al)ove hinted) Where new Parishes have l)een 
made by An Act of Assemljly (the way they were always made here and 
throughout New England till our present (ioveruor Assumed such al'ow- 
er himself) the Parisliioners have still had the Liberty of voting with the 
Town they were sett ott" from in the choice of Pepresentatives, that is, 
the Town remains in that Uespect ^^ the Parishioners tho' erected into a 
new Jurisdiction in some Pespects are still Inhal)itants of the Town and 
members of the old Corporation, as to this purpose. And in this case 
there has always l)een a clause in the Act by which the Parish is set otl". 
Keserving thisPrivilege to the Parisliioners, which shews the sense of 
the Legislature here, and that they thought it would not Ije Legal for the 
Parish & Town to unite in Such a case without an Express power so 
given. 

That on the fourth of June 1748 the Assembly of this Province was Dis- 
solved of course Ijy virtue of the said Triennial Act, from which time to 
tlie third of January then next, there was no Assembly in being here, 
But on that day a new Asseml)ly was convened among whom appeared 
several persons to represent places which had never before sent mem- 
bers — Upon the Governor's order to proceed to the choice of a Speaker, 
a question arose aniong the Kepresentatives of those places known to 
have had that privilege, and of whom former Assembly Avere comi)oscd, 
Whether tlicy ought to admit those persons to vote in the choice of a 
Speaker, until they could be satisticd of the Legality of their Election 
and Bight to vote. And as the (.ientlemen themselves could give no ac- 
count of the matter, )>ut only they were chosen for such places (as they 
named) Pursuant to a Precept froni the Sheritt'to their Pespective Select- 
men, and no other Information was given us, it was tho't wholly as Irreg- 
ular to admit them, as any other Persons who should ol)trude themselves 
at any time on the House >.<: claim a seat there, and therefore we proceed- 
ed to the choice of a Speaker without them, and for that reason the Gov- 
ernor negatived him, & Directed to a new choice ifc to admit the nevv' 
members to join in it, which we informed his Excellency we were ready 
to do, as soon as he would please to show us his power to Negative a 
speaker, and the Kight the excluded meml)ers had to a seat in the Gen- 
eral Assembly : To" which he replyed, that when we had obeyed Avliat he 
had commanded, in Regard to tlie choice of a Speaker, and adiiiittiiig. 
those Persons, he would give us Satisfaction in the things we had a right 
to Inquire into, but not till then. This appeared to us to be an Implicit 



96 FHOA'IXCE OF NEW-HAMPSHIRE. [1740. 

Denial of tlie right of tlie House expressly vested by the afores'' act, and 
Inherent in them ]>y the Constitution, of Judging of the Legalitj' of Elec- 
tions and purging their own members ; and Equivalent to requiring abso- 
lute obedience in a case wherein all former Assemljlys have claimed and 
Enjoyed the Eight of Exercising their own Judgment, and acting agreea- 
ble to it. Here we would beg leave hum))ly to observe. That we appre- 
hend the Members of the Assembly have a right to be informed by what 
authority any new place claims the priviledge of sending a Eepreseuta- 
tive, and by what right any man pretending to l)e such supports or pro- 
poses to support his claim, even before they choose a Speaker and are 
form'd a House, to prevent Imposition & the obtruding such as can have 
no Foundation of such a Eight, joining and as it may happen choosing 
the Speaker for them, if a more particular Examination of the Elections 
«& all process Eelating thereto should be suspended & Eeservd till after 
they were so formed. 

That on the 18"' of January we addressed the Governor, Earnestly re- 
questing him to permit us to proceed to Business, Eepresenting the ne- 
cessity of it from the consideration of the State & condition of the pub- 
lic affairs, as that there Avas no collector of the Excise upon strong Li- 
ciuors granted to your Majesty, the Treasurer's Accounts had Eemained a 
long time nnsetled, no provision made for the soldiers, who guarded the 
Frontiers the last Summer, whose necessitys cry aloud, to which, besides 
the obligations of common Justice, self-preservation should induce as to 
attend, as it was a time of War, and we should have further need of their 
.services ; the necessity that something should be done respecting the 
money granted by Parliament on the account of the Expedition against 
Louisburg, the necessity of Inquiring into the State of the Loan, how the 
act had been obseiw'd, with many other things absolutely necessary to ))e 
done for the well being of the Province. To which address the Governor 
did not vouchsafe an answer, Init on y" 20"' of January Prorogu'd the As- 
sembly, to the eighth of February then next. And here we beg leave to 
say that all the above mention"d inconveniences might have been either 
avoided or Eedressed, before that time, had not the Province been with- 
out an assembly seven months together, a case without precedent here in 
time of Warr. 

That meeting on the 8"' of February, two Gentleman (who had not ap- 
peared before) came & claimed a seat in the Assembly, saying the,v were 
chosen by virtue of the King's writ duly issued, & produced a copy of part 
of an Instruction (Dated 30"' of June 1748, to the Governor to Dissolve 
the Assembly of this Province as soon as might be, and when another 
should be called, to issue your Majesty's writ to the Sheriff" commanding 
him to make out Precepts to the Selectmen of the Towns of South Hamp- 
ton & Chester, the Districts of Haverhill, Methuen & Dracut. and the Dis- 
trict of Eumford, Eequiring them to cause the Freeholders of the 
said places to assemble [and choose] fit persons to represent said Towns 
& Districts in General Assembly, one for each of said Towns & Districts : 
And to signify your Majesty's pleasure therein, to the members of the said 
General Assembly. Pursuant to which, they said your Majesty's Avrit had 
been issued to the Sherifl* And his precepts to the Selectmen agreeable to 
the Directions thereof, and they were chosen, viz. Joseph Pianchard, 
Esq. for the Towns of Dunstable, Merrimac, Holies, Monson and Notting- 
ham West, & Thomas Packer, Esq. for Pelham & Methuen. This is the 
first notice we had of any Instruction relating to this matter, and now not 
communicated to us ))y the Governor, but oidj- shown by those Gentlemen 
us a matter courtesy & favour ; Had the whole of said Instruction concern- 
ing this aft'air been reasonably commimicated to the members of the Gen- 
eral Assembly, as is therein directed, it is without Doubt the present dis- 
pute had been avoided. Excepting so far as relates to the Executing this 
Instruction which has been done in such a manner as we humbly conceive, 
gave sufficient ground of objection as the sequel will show. 



J749.] JOL'UNAL OF THH HOUSK. V)7 

That as it was altoi^ether a new thing amony; us for so many places ^< 
use a man?{\) We tho't it our Duty to Inquire into the manner of tliese 
Ijlections. and thereupon tk'sireil the Secretary, that the Precejjts wliicli 
the Sheriff had issued to the Selectmen of these new places for the choice 
of Representatives, and the Keturns thereon, might be laid before the As- 
sembly, to which he reply'd, they were in the Slieritls hands tho' your 
Majesty's writ commands Iiim to Eeturn them, with that into the Sec- 
retary'.s oHice, where they might be had. as occasion Kequires ; and tho* 
thirty days were now elapsed since tliis should have been done. AVhere- 
upou we applyed to the Sherift'for those Precepts and lleturns (which a])- 
peared to ))e still more necessary to Examine, as he had retnrn'd himself 
as chosen to serve for two of the places) who answer'd, that when we 
were duly settled & Qualifyed to act. he would Lay those Precepts before 
iis & not till then : which vras in ettect saying, that after we had admitted 
.an Election to bo valid, we might then judge whether it was or not. 
Whether such a magisterial answer was proper in this case for the Sheritl' 
to give, is humbly submitted. 

That said Instruction (so far as we have seen) says nothing of those 
l)laces, which these two gentlemen said they Represented, and as we un- 
derstand it, is only declarative of your ^Majesty's power to extend the i)riv- 
iledge of sending Kein-esentativos to your such new jilaces as vou shall 
judge wortliy thereof. And not that the (Jovernor ex oiHcio slionld ex- 
tend this priviledge at i)leasure. to such as he should think wortiiy, — l)Ut 
that he must have vour Majesty's directions to what new ])laces this i)riv- 
ilegc from tim.> to time shall be extended. 

That the Districts here were places added to this i)y the late determina- 
tion & Piunning of the Houndary Line between this & the Province of the 
Massachusetts Bay. and were soon after Incorporated by a Temporary Act 
of Assembly here, only fortlie purpose of taxing the polls oi Estates witlun 
them to tlie charges of this Government, until tiieysliDuld be incorporated 
into Townshii)s l)vprop-r Cliarters. 

Methuen ^^ Dracut were one of those Districts, part of which, viz. Dra- 
<-ut, lias since been Incorporated into a Townshii) by the name of Pelham, 
but that Part called Methuen remained upon the Foundation laid l)y the said 
Act which has been several times revived, and the last time for three years 
which expired within seven months after the conveening this Assembly. 
In this last Act of revival the Districts of Litchtield. ^'ottingham. & Dun- 
stable, and that part of Methuen >.^ Dracut district, call Dracait. were left 
■out >.^- soon after Erected into Townshii)s : By the afore s<i Act for calling 
an Assembly, it may subsist three years, then by this management, here 
-would have i)een a liepresentative in that case for Methuen two years and 
n half (lusarly) after it was Dissolved >.<.• without any Legal Existence as a 
Corporation. Morpnvfr, by the writ issued by the Governor for calling 
■this Assembly, the Freeholders of Pelliam & Methuen are Directed to unite 
and dioose one Representative for both places, at one meeting to be held 
at Pelham, and also one for the Towns of Dnnstable, Merriinac. Hollos. 
Monson & Nottingham West, at one .Meeting, to be held by the Free- 
Iiolders of said Town jointly, and as members of one Corporation, or Body 
politic entituled to that priviledge. This, we humbly conceive is utterly 
illegal being against the Letter & Intention of the Act above mentioned 
for the calling & Electing of Assemljly, ..<:c. contrary to the meaning of all 
the Laws of the Province relating to the meetings of F'reeholders, ex- 
cepting the case above mentioned, where Towns liave been divided into 
two Parishes, which v.ere before but one. by an Act of Assembly, the two 
Parishes liave united by a special clause in the Act for the chnsing Assem- 
bly men, managing their common Laws & sometimes only the first of 

(1) Evidently something is here omitted— Perliiips it should 1)?, -for so m:i'.iy plaees" 
io unite in dioosiny a man. — Ki>. 



1)8 PH(3VINCE OF NEW-HAMPSHIKE. [1749. 

these — that is, they have been Divided by special Acts only as to some 
purposes, and others remaiu'd as they Avere. But there is neither Law nor 
custom to Warrant such an Assembly as this, called by the said writ of 
the Freeholders of so many diflereut Towns together, or even of two : and 
we ))e]ieve this is the lirst that ever was heard of in Xcav England; — 
and had there been any disorders committed at this meeting, the authors 
could no more have been punished here, than for the like done at any ac- 
cidental meeting elsewhere. 

It is therefore humbly submitted whether Elections made in such a 
manner can possibly be adjudged regular and supported under the pres- 
ent Constitution ; It appearing to us that the Design of j'our Majesty's 
Instruction luis been quite mistaken, or wilfully perverted, which, with 
an intent to bring the Assembly to a blind obedience, we apprehend was 
the Keasou why this Instruction was not communicated in the manner it 
Directs. And this proceedure was not only an Innovation, but Equiva- 
lent to a claim of a Tower to dispense with the Laws of the Province, at 
Pleasure. 

In this view of the premises. We apprehend that to admit the members 
and pass over these matters in silence would be giving up the Rights of 
the Assembly, betraying the Liberty's of the people, &, submitting to such 
Arbitrary measures as your Majesty neither expects or desires of any of 
your siibjects, and what in fidelity & with a good conscience we could not 
do, until better Informed. 

That under these circumstances the Governor has kept the Assembly 
under short prorogations to this daj', and nothing has been done, but ad- 
tling to the Public charges (to be paid some time or other) by their fre- 
([uent attendance & consequently our calamitys insteadof being alleviated 
have been augmented from that Quarter, from Avhence compleat redress, 
was justly Expected. In fine, we beg leave humbly to observe. That our 
objections are not made in this Debate to your Majesty's right & power 
of Extending this priviledge, as has been represented & Industriously re- 
ported, but the several points in Dispute between the Governor & us are 
these : viz : Whether the Assembly have had not the right of judging and 
determining of the Legality & Regularity of the Election of their own 
members, [dcnif'd them.i'J and as a necessary consequence of this. Whether 
any instruction wherein your Majesty has or nuiy extend the priviledge of 
sending Representatives to the General Assembly unto new places, ought 
not to be communicated to the Assembly by the Governor, and the writ by 
which they are called, and the whole process thereon returned, where the 
Assembly may have access to it, before they proceed to business. 

Whether the Governor's command to the Assembly to receive any mem- 
bers, the Regularity of whose election they are not satisfyed of, and which 
is drawn into Question, is ol)ligatory upon them & gives the disputed 
members a Jiight to vote before that point is determined by them. 

Whether the Governor can L\r Officio extend the priviledge, of sending 
a Representative or more to the General Assembly at his pleasure, to 
what places he Judges worthy of that priviledge, without any Instructiou 
Determining that matter, and as a consequence of this can Diminish the 
number at pleasure & so model the Asseml)ly to his own standard. 

Whether the Governor has a Power to Insert such a clause in your Maj- 
est}''s writ, and order the Freeholders of two or more Towns to unite in 
one meeting, and conjunctly choose a Representative, or more, in the 
manner aforesaid, notwithstanding the Laws afore^'^fe Immemorial custom 
to the contrary — And Whether the Assembly can consistent with the Laws 
of the Province, their duty to the people they represent. Parliamentary 
Rules, (and, which is more & Imj^ly'd in all those) their duty to your Maj- 
esty, admit persons so chosen to make jiart of an Assembly under your 
Majesty's (xovernment, and an English Constitution — all which is most 
chearfuUy & Humbly submitted to your Majesty's Justice, AVisdom & 
Clemency. 



1749.] JOURNAL OF THE HOUSE. i)l) 

Wherefore iipou the whole, j'oui' Petitioners with great Loyalty & Sub- 
mission, most humbly & Earnestly pray, that your Majesty would be gra- 
ciously pleased to take the case of your good subjects here into considera- 
tion, and of your great Clemency & Goodness, continue to them those Lib- 
ertys and Priviledges they have heretofore enjoyed, & Prevent any In- 
croachments and undue attempts to diminish them, and particular that the 
Governor be Directed to communicate such Instructions as relate to their 
conduct, before they are Pequired to Act in conformity thereto, that they 
may not be brought into the Dilemma, Either of Disobeying your Majesty's 
commands or acting upon an Implicit faith, which has often been insisted 
on with them. 

And in special we would mostardenth' Deprecate the Governor's having 
a Descretiouary Power granted to him, of adding to the Assembly in the 
manner aforesaid at his pleasure, and so of forming them to his own 
mind. 

But we huml)ly pray that your Majesty would 1)e graciously pleased, sO' 
to state & limit the number, conditions &, circumstances of, & previous to,, 
the extending the priviledge aforesaid to new places, a^* may be Equivalent 
to a Law or permit the same to be Kcgulated by an Act of the Assembly 
for the future that so valuable a Priviledge and such an Interesting Fi'an- 
chise may not stand on so precarious a Foimdationas aGovernoursFancj^or 
particular & selfish views; or grant us such other Kelief & Redress of our 
grievances afores^' as in your consummate Avisdom and abimdant goodness 
you shall Judge proper. And your Petitioners as by the strongest duty & 
highest obligations Bound, shall ever Prav, &c. 



[The following paper appears to be the draft or outlincof an Address to 
the Freeholders of the Province, relating to the same matters as the fore- 
going addresses to his Majesty, and serves to throw additional light on 
the controversy between the Assembly and the Governor. — Ed.] 

[Copied from MS. "Addresses to the Kiug" &c. pp. 83-80.] 

1st An address to the Freeholders showing the deplorable state of the 
Province &c. interspersed with all possible expressions of Duty &. Loyalty 
to the King, &c. &c. 

2'y State the Dispute, showing it was not with the King, but with the 
G 

S'y Some animadversions on the Paragraph from Pres' Cutts his Com- 
mission. If there was no Parenthesis in the original Coramiss then the 
words -'as they shall judge most convenient" plainly refer to the persons 
who are to chuse their deputies ; but if the words refer to the President & 

Council as would have them, then he has not proceed'' accords to s'' 

Commi^'^ for he never consulted the Council in the aflair. He says the fol- 
low- Par : of Pres : Cutts Commiss clearly show &c. & the utter impossibility 

of Dn-lrinfi an;/ power or Priviledge therefrom Wherein they contain 

great Priviledge. 

The Gov^ by his Commiss is to call Assemb : according to the usage of 
the Pi-ovince— W'l usage the Printed Journall shews. 

The Instruction requires the Gov'" to send to 5 places by name, where- 
as he sends to, I think, 10, & Requires 4 to meet together in one to choose 
one person to Rep. y^ 5 w^^'^ is contrary to all law & usage & such a meeting 
could h( only a tumultuous Assembly.' 

The Speaker was unanimously &and not partially chosen. In the first 
Parag: h'' allows y-' Assemb. were qualified to enter upon business & af- 
terwards he says that they took upon them to exclude 5 members & before 



100 PROVINCE OF NEW-HAMPSHIKE. [1749. 

they had got in thom.selves; & adds expressly coutraiy to liLs Maj'^s In- 
ritruc-', when the Assembly knew nothing of any such Instruction. 

The next Parag : mistakes the point iu ye dispute again, w'^ was not 
whether the Elections Avere due, i)ut whether the places were qualified to 
sfuid &c. & is not the attempt to send to unqualitied places without anj- 
Instruction & contrary to all former usage a great invasion on the Privi- 
eilges of the people, and the publication of the message a design to 
arause & deceive the people? Nobody ever pretend^ that his maj'y^ add. 
Instruc" were an invasion &c. but that he who attempted to act without 
anch Instructions actually invaded the Rights, &c &that his firoilucing ? of 
it in such a manner plainly discovers Enmity ag**'- y^ people & an unbound'^ 
tJiirst of the ax'bitrary Gov''. 

The Gov's arbitrai'y proceedings set the Gov' on tire. If he had cou- 
.^ulted the good of the people & not private Interest, none of these ditfi- 
culties would have happened. He that without any provocation begins a 
Quarrell must be looked upon as the cause of all the evils that follow. 
What occasion had he of all men who was introduced at the expense of 
the people to endeavor to sap the foundation of all Priviledge & in a waj' 
w"'' none of his predecessors ever hit upon. 

Had the Gov'' attend'' to his Maj''.v« Instruction & laid the whole of it 
:).ccord'-' to directions therein Ijefore the Gen. Assenil). at the opens thereof 
the difficulties might have been prevented But he did neither. 

The unreasonably arb. &c. proceedings of the (JoV is imdoubtedly the 
canse of all the evils mentioned, w"^'' the Assembly earl.y warned him of. 

The Gov'' undoubtedly kept the I'rov : months without an Assembly 

& afcerwards purposely contrivetl these difficulties to keep them from Act- 
ing least the.y should inquire into the state of the Treasury &- thereby dis- 
cover the very large sums that had been taken out without any due au- 
thority, & without doubt with a design to get the money granted to Par- 
liament if possible into his own hands, or at least during these disputes, to 
make large advantages by the Improvement of it for the Ijenetit of himself 
&his creatures and that there was an attempt to get the monej'' will appear 
byT's letter, & ifthej' can share the Interest of £oO, 000 stcro among them, 
no wonder if they contrive all possible waj's to prevent there being an ac- 
tive Assembly. 

The disposall of the laws to strangers & not to the Inhabitants of the 
l^rovince plainly shews liow the money would have been disposed of if 

could have got it & the want of Regard for the true Interest of the 

people. 

Quere. Whether a hint of a scheme some people have who are collecting 
ail the paper currency of the l*rov : into their hands in order to get the 
ster? mone.v & sink it with all the paper currency at once, & cautions to 
the Freeholders to choose persons to Represent them, that won't come in- 
to such a scheme, may not be of use, &c. 



The Gov!" commenc'i the dispute & not Assembly and he might consist^ 
with his Maj'>''* Instruction (especially when he was made sensible in Eeb> 
1748 that he had not attended to the Instruction) have dissolved the Gen. 
Assemb. & called a new one, & in calling the same exactly attended to the 
Instruction, & his not dissolving plainly shewed y^ he was not ■willing to 
have an active Assemb. least (perhaps) they should have made Represen- 
tations of the Truth where address? might "be had. 

The Gov as he charges the Assemb. with private Int^ &c. would do well 
to point out what private views or self-Inte^ they could possibly have. 

The Assembly never refused to joyn with y" other branches of Gover', 
but they refus^ to joyn with .\ssembly, & here would it be improper to 



1749.] JOUHNAL OF THK HOUSE. 101 

print the vote of the Assemb. for payiiig tlic soldiers v."'" wan sent up, al.so 
tlie vote for a Recorder. 



[r. 147.] ^Ir. Sec-^ eaiiie into the House ;ni(l Jjy his Exc^' Di- 
rection adjourn'd the ijen' ass"' till three ocloek. 



Frvday, Apr' 7, 1749, v. m. 

The House met according to adjournment. 

Mr. Sec^ came into the House and said he was Directed by his 
Exc^ the Governor to acquaint the House that he had prorogued 
the gen' as.s"' till Wednesday the 19"' Instant then to meet at 
Portsm". 



Wednesday, Ajir' y'lO"' 1749. The House met according to 
Prorogation, [and Avas adjourned from day to day till A])r' 21, i*. m., 
and was then Prorogued Ity his P^xc'* Direction till Tuesday the 
ninth of May next.] 



[i-. 148.] Tuesday May 9''' 1749. 

The House met according to Prorogation. The Hon'''' !Sam' 
Smith, Esq. Bro't Down a written message from his Ex^ llie Gov- 
ernor which is as follows, viz : 

Gentlemen, 

You luiviuij Refused to proceed to the choice of a Speaker in the room 
of Kicli'' Waldrou Esq. who 1 disapproved of, ami the necessity I was un- 
der to have a due obedience ])aid to his Majesty's Additional Instruction 
given at White Hall the oO"> of June 1748, made it necessary for me to 
keep y'^ Gen' Ass"' under Proro.^ation to this day which is more than four 
months. 'It will now be very pleasing tome if I meet you disposed to pay 
a due obedience to his Majesty's commands, and what I have been so long 
[r. 14!).] Avaitiug on you for. 'fhat no farther impediment maj' be given to 
the Public aftairs and that I may be I'revented from laying the obstruc- 
tions I have met with in the atlministration of mj' Government before his 
Majesty whereby greater Prejudices may arise to the People you repre- 
sent thaTi j'ou may conceive of. 

15. WKNT WORTH. 

Council Chamber in 

Portsnr' May ye O'l', 1749. ^ 

Mr. Sec-^' came into the House and l>y his Ex''" Dij-ection ad 
joiu'n'd y" Gen' Ass'" till to morrow ten o'clock. 



102 PROVINCE or NEW-HAMPSHIRE. [1749. 

Wednesday May 10, 1749, a. m. [Met and adjourned till 4 
o'clock, 1'. M. when the following message was read.] 

May it Please your Excellency. 

We received your message of the fifteeutb of February last to which we 
had voted an answer but before it could be copyed we were Prorogued 
which prevented your Excellency's having it. Wherefore we now take 
leave to make a reply to it, tho' perhaps it may seem a little out of season ; 
yet when it is considered that it is in your Ex^s Power to prorogue the As- 
sembly as soon as you have sent them a message, and thereljy prevent 
their "giving an immediate answer, we hope it will not be tho't imper- 
tinent if we catch any opportunity that we can to vindicate ourselves 
[p. 150.] from any injurious or undeserved imputations and to justify our 
conduct. Your Exx says If we have had his Majesty's Instruction signi- 
fied to us in any manner it is all his Majesty intended, which is a plain In- 
timation that somehow orother we have had the whole Instruction signified 
to us : yet a few lines after, your Ex^ says we may not expect auy other 
part of the Royal Instruction than what has been laid before us, which 
implys that the" whole has not been signified to us : Again your Ex>' gives 
for iieasons why we may not Expect any other part of it that you arc 
the sole Judge of the method of signifying it to us and the time when. 

Now how it consists that we have had the v>-hole of the Instruction 
and that we have had but a part of it, and that we may not expect the 
Remaining part because your Ex>' is Judge when it shall be laid before us 
is what we cannot comprehend. 

Your Ex>' charges us with cavelling at y>^ language of the Royal In- 
struction, and says when we are cool we shall find the English to be sterling. 
We are quite sorry your Ex.>' v*'as so nuich mistaken as to take what we 
said for cavilling to fix it too on the Royal Instruction, and to fancy that 
we wanted a cooling. Our remarks were natural, they were plain and 
easy to be understood and therefore not a cavil ; they were not made on 
the'Language of the Royal Instruction, but far Eno' from it, for they were 
on your'ExJ's message, and if the English of it was sterling (we borrow 
your Ex>'s word) we'hope it will be of no ofl'ence to say your argument 
did not appear to us to be of the same coin. 

As to our being cool, perhaps your Ex.>' tho't that the ill state of our 
provincial affairs and the means by which they were brought into it had 
raised a warmth in the Representatives of a Distressed people,— be that 
as it will we can't think that your Ex>' had yc least Reason to imagine it 
[p. 151.] had got to such a Pitch as that we needed a cooling. 

Your Exys caution against puting the People to further Expense in dis- 
puting about the names of Towns, we apprehend was needless, as it had 
been no part of ye controversy ; the Privilege of our cousti^tuents has 
been the subject of the Dispute, and while we are maintaining that we 
liave no Reason to think they will murmur at the Expense, how much so- 
ever they may be Discontented at the cause of it. 

Your Ex>« saying we Refused the persons from the new places a Seat 
with us, because you call'd them by virtue of your Commission is a point 
in which you are also mistaken, for the Reverse of that was the Reason 
Ave did not admit them, viz. Because they were not call'd by vortue of 
your Ex^^ Connnission, there being no such powers given your Ex^' there- 
in that we can find, and agreeable to our opinion in this matter your Ex3' 
says in your message of the fifth of April you were comnumdeil to call 
them by the Instruction. Your Ex>' says If you had tlio't ten other towns 
worthy of sending Representatives you would have supported their Elec- 
tion. We doubt it not, and are of opinion you might have done that as 
Avell as some other things Avhich have been done ; but as this Declaration 
seem'd to be intended for a menace of wliat your Ex-v would do hereafter. 



1749.] JOUKXAL OF THE HOUSE. 103 

we have used the be.st precautiou we could in an addre.s.s to his Majesty 
to prevent the threatned calamity. 

[p. 1.52.] Your Exy says if we would lay aside the stroug prejudices 
some of us In-o't with us we must Houestly confess we have been strip- 
ing an honest set of Industrious People of a Privilege. 

"As these strong prejudices are charged only on some of us, the guilty 
(if any there be) ought to answer the accusation, l)ut we know of none 
suchTyet we own your Ex-^' can make the best guess as best kaowing 
whether there has been any just cause given therefor. 

As to your Ex-^s saying we must honestly confess, we Eeply that we 
must honestly declare that we should be dishonest if we should confess 
what you require, and therefore your Ex-v must excuse us from confession 
if you please till we are conscious of guilt, or the charge is proved by a 
more convincing argument than that of a bare assertion. 

"We are sensible there has been an Indeavour to strip a much larger num- 
ber of honest Industrious people than the set your Ex^' mentions even the 
whole people of the Province, and that too of more privileges than one, 
which we have Represented to his :\Iajesty in the Avay of Address I'or the 
Itedi-ess of Grievances, and huml)ly submitted it to the Koyal wisdom to 
determin to whom this stripping imputation appertains. 

Your ExJ" says you will pass by our Irregularities & indecencies; we 
know of none, if you had pointed out any, we would have Kefuted the 
charge or readil}' asked your i)ardon. 

Your Ex^ says by the King's Commission and Instruction you have full 
power to Negative every Act of Government, and consequently full Power 
to Negative one or more Speakers. The tirst part is a truth beyond con- 
tradiction, but we utterly deny tlie consequence. 

[p. ir(3.] If your Ex>" will Prove that a vote of the Representatives for 
Regulating their House is an Act of government we will yield the Point 
forever and choose as many speakers as your Ex-^' shall re(iuire. But we 
olxserve by the way that by your Ex.^-* saying you have a Right to Nega- 
tive one or more Speakers, we suppose you mean a Riglit to Negative as 
many as you please, and if that be tlie ease what becomes of the Privilege 
of choosing, or Avliat is it Imt a nu'er Phantom 1 

The Gen' Ass'" consists of twenty n)embers, we will supi)ose nineteen 
have been chosen Speakers i.^ negatived, the twentieth then must 
necessarily be the Speaker and wiio will say what is done by necessity is 
done ])y choice. 

What your Exx means l)y a fondness in some gentlemen to go to While 
Hall we do not understand. Your Ex>^ advice to us to be certain of y 
Justice of our cause we shall follow by endeavoring to l)e as certain as 
the nature of the thing will admit of. 

By your Ex>'s saying one miscarrying will illustrate your conduct, per- 
haps your Ex-^' nieans'will make it illustrious, be that as it will to illustrate 
it is our Design, and if that will l)e agreeable to your Exx we shall be 
l)leased in doing you such an acceptable service. 

As to considering further of the choice of another Speaker & admitting 
the Persons from the new places we have once and again given your Kx> 
our final Resolve thereon, to which we once more pray you to be refer'd 
for our Determination on those points. 

Voted tli:it tlie loreir<>i:ig message be soiit liis Ex- I lie (Jover- 
nour. 

Sent up bv Mi-. C"Iavks';ii. M:ij'' Davis. Mr. ri\ill)i-ick aiul Capt. 
Hall. 



104 PROVINCE OF NEAV-HAMrSHIRE. [1749„ 

[r. 154.] May it Flmse yonr Excdlcncij. 

We Receiv'd your message of the lil'rli of April Avherein you charcce iis^ 
with a repeated Refusal to comply with y<MU- orders in choosing a Speak- 
er in the Room of Ricliard Waldron. Esq. and a Disregard to his Ma- 
jesty's Instruction in not admitting tlie members from the new Places, 
"We'must pray your Ex> to be refer'd to Avliat we ha\-e Repeatedl.y said 
for an answer to tliose Points as we clioose not to trouble your ExJ' or 
ourselves witli vain Repetitious. *»> 

If your Ex>' had ofl'ered any new arguments we would have submitted- 
to them or endeavored to have confuted them. There is indeed one 
thing new. (viz.) That your Ex^ is commanded by the Instruction to call 
in six new members, ^^c. whereas it api)ears by the copy lent us that you 
Avere to call in but live, tho' from six places: and by the King's writ it 
apptfars also that you caU\l one from new places not inention'd in the 
Instruction at all. How exact your Ex^ has been in your conformity to 
the Royal Oommands perhaps you may think tit to reconsider; — and here 
we take leave to Recommend it t(j your Ex>** consideration in particular 
that tho' you say in your Message of the fifth of April that you were com- 
idanded by the instruction to call the new members, yet in your message 
of the tifteenth of February it is expressly said they were called by vcrtue 
of your Connnission, Now how it consists that your IOx> should be com- 
manded to call them l>y the Instrnctiou & yet call them by vertue of your 
Commission we do not understand nor can we tiiul a Power in the Com- 
mission to call them and by comparing the King's writ Avith the piece of 
Instruction which was lent us it appears plainly that your Ex.^' has not 
acted in conformity to the said Instruction, but A'ery wide from it wliicli. 
alone (Exclusive of other important reasons) Ave humbly apprehend will 
[p. 155] sufficiently justify us in not admitting those persons till his 
Majesty's Pleasure shall be further known. 

Your Ex>' says you gave us sevei'al Prorogations that Ave might mature- 
ly consider of our past misconduct. The more, »Sir, Ave have considered 
tlie more Ave are convinced that Ave have done our duty both to our King, 
and Country and we hope that in the space you have pleased to give us 
to consider of our nusconduct (as you are pleased to call it) your lixJ' has- 
considered of .your own conduct also, and that the Result is that Ave may 
be permitted Avithout further delay to Enter upon such business (at least) 
as is necessary to save the Province from ruin. 

As to Avhat your Ex>' says of his Mnjesty's Expectations and the duty 
of his subjects in other Plantations & Coloneys Ave do not see Avhat in- 
duced your Ex> to draw those things into your message, nor that we have 
any business to make a reply to them. It is sulticient for us to do our 
duty and if we ftiil. to answer for Ourselves. 

Your Ex>' says j'ou shall give us further time to deliberate. To Avhick 
Ave reply : — If you will be pleased to give us also Reasons and Arguments- 
to prove that your Ex-v is in the Right and the Gen' Ass'" in the Avrong 
touching the Dispute in hand, Ave shall be glad of an opportunity for fur- 
ther Deliberation, but to consider further of naked assertions and what 
we have so maturely considered already will be ))nt a needless fe fruitless 
Ejxpence of time. 

Upon the Avhole in behalf of liis Majesty Aud in behalf of our Constitu- 
ents Ave once more Earnestly lutreat your Ex^ to let us Enter upon some 
of the Provincial business that is of the most importance (if not on all) 
as particidarly to incjuire into the state of the treasury and the funds to 
[r. 15-1. 1] pay the Publick Debts, especially to the poor soldiers for tlieir 
last years service; and that we nny take the proper nu-asures to have 
the money granted by Parliament In'o't over, tind to obtain a Reimburse- 
ment for the money taken out of the Treasnr}' (if any has been taken out), 

I. I'iiger^ \'\\ :\ni\ 15."). are veiieatefl in the original.— Ki>. 



1740.] JOURNAL OF THE IIOUSP:. 105 

to pa.v the Canada Troops ; and moreover that we uia.v take the proper 
.steps to have the Publick Records of Deeds once more opened to the Peo- 
ple whose pi'operty they are. 

Voted Unauimously that tlie forei^oinii- message be sent to liis 
Ex-^' the (iroverMour. 

Sent up by Mr. Sherbunie, Cai)t. Millet, Coll" Gilinaii and Mr. 
March. 

Mr. Sec-''' came into the House and Ijy his Ex- ' Direction ad- 
journed the Gen' Ass"' till to mori'ow ten o'clock. 



Thursday May 11"' IJiU, a. m, , 
[p. 155.] Tii3 House met according to adjournment [and by 
his Kx-" order \va< ailjourned till Friday, and again till] 

Saturday May 18, 17-4^0, a. m. 
The House met, and 

Voted unanimously, That y'' Ibllowing Mcssiige be sent his Ex 
cellency y" Govern our. 
il/aiy it please tjonr L'.rreUe)iri/ 

On j-« ninth present we Received your Exceilencys message of that days 
■tlate so mucli y" same in kind witli your former Messages, to whicli we 
luive so often & fully Reply'd that wa Desire your Excellency to be Re- 
ferred to our former Resolves for an answer to this, l)eing deternnnd to 
adheni to theni 'till his Miiie><ty's I'leasure shall be further known, or your 
Exy shall convince us by Rational arguments that we are in an error, 
your Exv says you have been waiting on us more than four mouths, &c. 
Have we not been waiting on your Ex-v y' same length of time, and Re- 
peatedly Desired that we might be uermitted to P>nter upon j'« necessary 
business of the rrovince. tho' hitlivrto in vain ? And was not y-' whole Prov- 
[r.l5(;]iuce waiting seven months before without any Assembly at all tho' 
ic Avas a time of War, tho' many Publick debts were unpaid, many accounts 
uusetled and our Provincial atiairs in general in a most perplexed and un- 
happy posture V Your Excellency says it would be very pleasing to you 
to find us disposed to pay a due obedience, &c. We reply it will be e(iually 
pleasing to us to Hud a Disposition in your Ex>'to remove y*^ Impediments 
Avhich obstruct us in doing our Duty to our King and country which may 
prevent us from laying further (ireivauces Ijefore his Majesty that may 
perhaps produce con>e(iuences not so agreeable to your Ex> as you nuiy 
wish. 

Before the foregoing message was ready to be sent his Ex-^', 
Mr. Sec'' came into the House and said he was directed by his 
Ex^' to Inform us tluit he had Prorogued the Gen' Ass'" till Tliurs- 
day the tirst day of June next at 12 o'clock, and then in his Maj 
esty's name Declared this House Prorogued. 



Thursday. June P' J 749. The House met according to Pra 
ro station. 



106 PROVINCE OF NEW-HAMPSIIIEE. [1740. 

Voted that the following message be sent his Excellenc}- y" Gov- 
ernour. 

3Ia7j it please your Excellency. 

[p. 157.] In consideration of the varions Tokens of ye Divine Displeas- 
ure which this Province is under at this time, more Especially in Kegaixl 
to the unconnnon & early Dronglit & y^ Perplexed and unhappy circum- 
stances of our Provincial Civil aflairs, We humbly move and Eainiestly 
Pray that your Excellency will he pleased (with the advice of the Council) 
to Proclaim a Solemn Fast throughout tliis Province Exhorting both 
Ministers and People Religiously to observe the same by Deep Humilia- 
tion and.heartj^ Confession of sin the Procuring cause of all Evils & un- 
feigned Repentance for our past Iniquities and by seeking to y*^ Eatlicr of 
mercies in a way of Prayer and most Devout & fervent supplication that 
he will be graciously pleased to avert the tokens of his Displeasure and 
give us Rain from Heaven and fruitful Seasons & Reign down Righteous- 
ness upon y*^ Rulers & Ruled, and Deliver y"-' Province from its present 
pei'plexities. 

Past nemine contradicente. 

Mr. Sec-^ came into the House & by his Exc^* Direction ad- 
jonrn'd y*^ Gen^ Ass'" till to morroAv ten o'cloclc. 



[r. 158.] Friday June 2'^ 1749, a. m. 

The House met — [and adjourned till 3 o'clock] 

P. m'. 

The House met according to adjournment. 

The answer to y"^ Governours message to the Hoiise of tlie O"* . 
of May Avhich was voted on the 13"' of y'^ same month but not 
then sent his Ex-% and y" Message to his Ex-^" Avhich was voted yes- 
terday were sent np by Mr. Clerksou, Mr. Giddings tfc Mr. Jenness 
who returning and informing that his Ex-^' ^\'as not at Y Council 
Chamber : The Messages were then sent up by ]Mr. Sherburne & 
Mr. Weare & Deliver'd to j'' Sec^. There not being a Quorum of 
y" Council & y" Sec^' Avas desired lo torwai'd y"^^ same to his Ex'*' 
who ansAver'd that he would. 

Mr. Sec7 came into y" House & by liis Ex^'^ Direction ad- 
journ'd y'' Gen^ Ass"* till to-morrow ten o'clock. 

[i'. 1.59.] [Met and adjom-ned from time to time till] 

Thursday, June 29, 1749, a. m. 

The House met according to adjournment. 

The Gen' Ass'" having heard that his Ex^ has been advised by 
y*^ Councill to keep them siting, or under short Prorogations or 
adjournments. 

Ordered, That; Mr. Sherburne cfc Mr. Weare go to the Sec^ & 
Desire a Copy of y'' miuit of Council m wliich is contain'd their 
advice to his Ex-^' as above mention'd. 

[p. 160.] After a short time the Sec-' Deliver'd them a copy of 
v*" said minit, which is on file. 



1749.] JOURNAL OF THE HOUSE. 107 

Mr. Sec^ came into the House and by his Ex^' Direction ad 
jouru'd y'' Gen' Ass'" till four o'clock. 

Thursday June 29, 1749 r. m. 

The House met according to adjournment. 

Whereas by an order of this day a])plication "was made to y* Sec^ 
for a copy of y*" Minute of Council of y'= 21" of April (a) last which 
being obtain'd & laid before the House, and it appearing thereby 
that his Excellency y"^ Governor had on y'^ said day conununicated 
to y" Council his Majesty's 84"' Instruction Directing his Excel- 
lency with y*" advice of y* Councill to take order if any thing should 
happen which may be of advantage to y^ Province which is not 
provided for in his Instruction or by his Commission, ttc. And 
that his Excel-^ also took notice of the Present circumstances of y* 
Province y' y" aftairs of Government Avere stagnated by the means 
therein mentioned ; and then asked whether the Councill by ver- 
tue of the said 84"^ Instruction could advise to any method or thing 
that might be Prosecuted or Done for the advantage of the Gov 
ernment, who taking the same under consideration did advise 
[p. 161.] that his Excellency keep the said Assembly under short 
Prorogations or adjournments. 

Mhmtes of Council. 

(a) Jour. Couii. & Asscin. April 21, 1749. His Excellency ordoreit the 
Secretary to read at the l)oard liis Majesty's Aditioiial In.striictiou dated 
at Wiiite Hall the 30''^ of June 17-18 Declaring the Kight of calling mem- 
bers of Assembly from any new Towns to be in the Crown, &c. and alsoo 
liis Majesties 84"i Instruction Directing las Excellency with the advice of 
the Council to take order if any thing should happen which may be of ad- 
vantage to the Province which is not Providetl for in his Instruction or by 
liis Comission.(l) 

Which being read at the board his Excelency took notice of the present 
circumstances of tlie Province that the affairs of Government were stag- 
nated & obstructed by reason of the members of Assembly liaving hitherto 
refused to Pay any regard to his Majesties Instmiction in admitting sev- 
eral members from new Towns agreeable to his Majesties Aditional In- 
struction above said — and then asked weitlier the Council could by virtue 
of the said (8t-"') Instruction advise to any method or thing that might be 
Prosecuted or Done for the advantage of the Government. The Council 
took the same under consideration and did advise that his Excellency keep 
the said Assembly under short Prorogations or adjournments. 



Now, forasmuch as the Declared Intention of this advice was for 
v^ advantage of the Province, and it is manifest that no advantage 
can accrue to the Provinca by frequent sessions of the Assembly, 
but on the contrary that they must necessarily Increase y'' Dis- 
tresses, & unreasonably augment y*" load of Province Debts, un- 
less the Councill will join v»ith them in Acting what may be for y** 

(1) The 8UIi lustructiou is in the Journal of the House, under date of Feby 8, 1S48-!) 
— Kl). 



'OS PKOVIXCE OF NEW-HAMrSHlKE. [1749. 

Publick utility, and upon a Prcsuuiptiou of tlie Councils Readiness 
so to do infer'd from tht'ir advice given his Ex^' as abovementioned. 

Voted, that Mr. Daniel Pierce, Gentlemen, he Recorder of 
Deeds & Conveyances of Land for this Province for one year from 
the Date hereof until the third day of the next siting of the Gen' 
Ass"" alter y" Ex])iration of said term, and that he shall not be 
Qualified to act as Recorder untill he has given bond with sufficient 
Sureties to the Sjjeaker of the House of Rejiresentatives for y'' 
[p. 162. J time being in the sum of two tliousand Pounds and taken 
an Oatli for y'' faithfull discharge of tlie said office, and that y*" fee for 
Recording shall be six Pence a page,each page to consist of twenty- 
eight lines eight words to a line, and three pence for each attestation 
such Record, and its being compared with the Book, and that 
Coll" Henry Sherburne, Richard Wibird, Thos. Millet, Eleazar 
liussell & Thos. Bell, Esq' be a Com"='^ they or y'^ major part of 
them to take the Books and jtapers belonging to y*^ said office of Re 
(border into their custody in case of y^' Death or Incapacity of y'' said 
Recorder or the Expiration of y'' term above mentioned and them 
safely keej) until further order of the Gen' Ass"', and it is further 
voted that said Com''"' or the major jiart of them take a list of all 
y'" Books now belonging to the said office & a Receipt for y^' same 
from y"' said Recorder, and that they be under oath for ye faithfull 
discharge of theii- trust and tliat a Duplicate of the said Receipt be 
Lodged in y" Sec-'' office. 

[p. 163.] Mr. Sec^ came into y*" House & by liis Exc^'^ Direc 
tion adjoun'd y" Gen' Ass"' till to-morrow ten o'clock. 



Fryday June 30, 1749, a. m. 

The House met according to adjoxu'um'. 

The Speaker being detain'd that he could not attend y" Gen' Ass"' 
this forenoon. 

Voted That Coll" Peter Gilman be Speaker pro tempore. 

The Vote for a Recorder which pass'd yesterday was tins day 
sent up by Maj' ]3avis & Capt. Wentworth. 

Mr. Sec'' came into the House and by his Ex-^' Direction adjourn'd 
v-^ Gen' Ass'" till four o'clock. 



Fryday, June 30, 1749, p. m. 

The House met according to adjournment. 

Voted that CoU" Peter Gilman, Mr. Henry Sherburne jun'' and 
Thos. Bell Esq. be a Com"''' of this House to joyn such as shall be ap- 
pointed by y" Hon''"' Councill to Examin the Treasurer's acco'^ 
ami lay y" State of them before y" Gen' Ass"' as soon as may be. 

Sent up for concurrence. 



1749.] JOURNAL OF THE HOUSE. 109 

The above vote was sent i;[) by Mr. Giddings & Mr. March who 
lleturn'd witli y'' vote & said there was not a Quorum of y" Coun 
cill met. 

[p. 164.] Mr. Sec-' came into y'' House and by his Ex'^ Direc- 
tion adjourn'd y'^ Gen' Ass'" till to-morrow ten o'clock. 



Saturday July y-^ 1^' 1749, v. m. 

The House met accordiu2^ to adjournm'. 

The Vote for a Com""-" to Examin y" Treasurer.'^ [ace'] whicli 
j)ast yesterday was sent up a<2;ain this day by Mr. Giddinye. 

Voted that'Tho.s. Millett & i:dvvard Hall, Esq. it Mr. Zebulon 
Giddinge be a Com"'' of this House to joyn such as shall be ap- 
pointed by y"^ Hon'"''' Councill to Examin y'' Muster Ilolls of the 
soldiers in y'^ service of this Governm' in defence of the frontiers in 
the year 1748 in the Recess of y*" Court, and that said C'Om""' o^ive 
publick notice to all whose proper business it is to brini^ in fSaid 
Muster Kolls to y" Com'"-"'" to be Examin'd by tlieni cfc they to lie- 
port to y"^ Gen'. As.s'" as soon as may be that said Muster lioUs may 
1)0 past tt y" soldiers ])aid. Sent up for concnrreiu-e, l>y ^laj'' Da- 
vis ct Mr. Kniiifht. 

[r. 1G5.] ]Mr. Sec'' IJro't D.)\vii a written messaii-? from v'' 
Councill Ilelative to the Hdusc's vote for a IL'Cordei', sent u[) to 
y'^ Councill yesterday for concurreiu-e — wliicli messajre is on file.(a) 

(a) Jour. Couu. v<: Asseiii. July I. 1741). The Couucil took uiuler cousid- 
eratiou tlie vote of the nieuibers for a recorder as sent up yesterday anil 
caiiio to a resolve in wrltinu- & voted the same & sent it to the nienibers. 
in wliich they took notice of their Partial recollection of the advice given 
l^y tlieui to his Excellency on Ills layim;- his ]Maj'y'* Additional Instructions 
& S4 Instruction before them on the 'J\'''- of April Last, and ac((U!iinted the 
menil)ers that they did not look upon them as (|uallifyed to Pass any votes 
that (needed tlie concurrence of the Council to render it effectual) till 
they had chosen a Speaker & such choice had ))eeu ajjproved of ))y his 
Excellency &c. and till they were thus qu;dlifyed the Council nuist be ex- 
cused joynina,' with them in the concurrence or non-concurrence of any 
vote tiiey nui;ht offer. Avhich resolve was sent down by the Sec*' accord- 
ingly. 

Voted tliat James Clerkson K<([. Mr. Henry Sherl)urne jun'" tfc 
Mesheck Weare Esq. be a Com*'''= to draw up a re[)ly to said mes- 
sage. • Mr. Sec'' came Down and said he was directed by y*^ Coun- 
cil to inform us that the Councill had perused the vote sent u]> 
this day by Mr. Gidding & y" Cotmcill were of opinir)n that what 
was sent down from them Respecting y"" vote for a Recorder A\as 
a sufficient Reply to y" other also. And then y'' Sec-'' said he was 
Directed l)y his P^x^' to acqttaint the Htnise that he had prorogued 
y* Gen' Ass'" to Wednesday the 26 Inst, and then in his Majesty's 
name Declared it prorogued accordingly. 



110 PROVINCE OF NEW-HAMPSHIRE. [1749.. 

[p. 166.] Wednesday July 26"M 749 

A number of the members met according to Prorogation [and 
Avere adjourned, by Direction of his Ex^' from time to time tilll 

[p. 167.] Thursday, Aug*-' 24, 1749, p. m. 

The Sec^ came into y" House of Representatn-es & said he was 
Ordered by liis Ex^ to accjuaint them before tlie last Prorogation, 
if there had a Quorum, that he had longwaited on them to Enable 
him to proceed on the Kings business & other necessary afl'airs of 
the Province which they had hitherto put it out of his Pov/er to 
Enter u])on which he Desired y^ House to consider of and no 
[p. 168.] longer hinder his proceeding on the Publick affairs for 
that he had matters of Imjjortance from England to lay before 
them when they were qualified to act. 

This message being Reduced to writing was shown the Sec^ by 
order of y*" House in order to be corrected, if there were any mis- 
takes in it, who said he would look on his minutes & give y" clerk 
of y"^ Ass'" the message in writing, and accordingly gave bim in 
writing the former part of the above message, but omitted y" lat- 
ter part, viz. That his Ex^ had matters of Importance from En- 
gland to lay before them when theyAvere qualified to act. 

Mr. Sec^' came into y" House & by his Ex^^ Direction adjourn'd 
the Gen' Ass'" till to morrow ten o'clock. 



Fryday, Aug^' 25"' 1749, a. m. 
The House met and adjourned till 4 o'clock 

P. M. 

Voted, that y'= folloAving Message be sent to his Excellency the 
Governour, 

Hay it please ijour Excellency 

[p. 169.] Yesterday we Received an oral messa.c^e from your Excellency" 
Deliver'd by Mr. Secy to Avhich we take leave to Reply, that a. cursor}' Re- 
view of what has pass'd between your ExceHency and us will in our opin- 
ion be sufficiently convincing that your proceeding in Publick ati'airs has in 
no measure been obstructed by us, but that y*^ obstruction has been whol- 
ly owing to your own unprecedented conduct, which is a grievance & Bur- 
den to the People hardly to be Express'd. Didn't your Ex^' several years 
agoe Endeavour to luring members into the assembly without any author- 
ity for so doing and contrary to the common usage & custom of the Prov- 
ince, and ha'nt you since Exceeded tlie Limitts of his M;ije.sty's Instruc- 
tion by attempting to introduce members into this Ass'" from places not 
so much as menti(Ui'd in the said Instruction, And did'nt your Excellency 
disapprove our choice of a Speaker, withoutany shadow of right so to do? 
And are not these the things that have stagnated the Provincial Bnsiiief-s? 
And if so then be pleased to judge yourself at whose door Ihe Rliune lyes 
of the unhappy situation of our Publick afi'airs. We liave been ever Ready 



1749.] JOURXAL OF THE HOUSE. Ill 

& willing & are not only so now but even soUicitous to Enter upon Busi- 
ness of auy kind that is proper for us to act upon, and we now once more 
Earnestly Desire we may be permitted so to do and in particular we pray 
if your Hx;cellenc3^ has any advices from England proper for our cogni- 
[p. 170.] zance that they may be laid before us, and that if your Excellency 
has anything from the Governm' of the Massachusetts touching a Peace 
Avith the Indians that concerns us, we may have that communicated also : 
And further wo Kequest that we may be permitted at this Juncture now 
Commissioners are going to Canada from a neighboring Governnit to do 
something towards tlie Kedemptlon of any captive or captives belonging 
to this Province which are now in the hands of the French or Indians ; — 
and here we take leave further to assure your ExJ' if you are determiu'd 
not to let us act in our capacitj^ as a Gen^ Ass"' till we have yielded up the 
Priviledges which you have demanded there will be no acting at all upon 
our common Provincial affairs, for that we are equally Hesolved not to 
give them away; being also Determin'd not to Receive your Excellency's 
Assertions for arguments, nor your opinion for Law. 

Sent to his Ex^' l)v Mr. Sher])urne Cai)t. Wentwortli cfc Capt. 
Bell. 

Mr. Sec^ came into the House and by his Ex'*' Dii'ection ad- 
journ'd the Gen' Ass™ till to morrow ten o'clock. 



Saturday, Aug' 26, 1749. 

The House met according to adjournm' 

[p. 171.] Mr. Secretary came into the House and said he was 
Directed by his Ex^' to acquaint us that he had Prorogued the 
Gen' Ass" to Wedti3sdiy the twentieth Day of Sep' next at ten 
o'clock in y" forenoon, and then in his Majesty's name Declared it 
Prorosrued accordingly. 



Wednesday Sep' 20th 1749. 

A number of members met according to Prorogation. 
Mr. Sec^ came into the House and by his Ex^" Direction ad- 
journ'd y'' Q-eni Ass™ till to morrow^ ten o'clock. 



Thursday Sep' 21, 1749. The House met according 
to adjotirnm'. 

[p. 171.] Mr. Sec^ came into the House & said that he was 
commanded by his Ex^ y" Governour to acquaint the House that 
his Excellency was still Availing to see if the House Avould proceed 
to business. 

Mr. Sec^ came into the House & by' his Ex^' Direction ad- 
journ'd the Gen' Ass™ till 4 o'clock. 



112 I'HDVINCK OF NEW-HAMPSHIRE. [1749. 

P. M 

[i*. 172.] [Tlie House met and was a(lJonnie<l or Provcgued 
from time to time, without doing any business, till] 

[i'. 173.] Thursday, Nov^ 30, 1749, v. m. 

The House, being inform'd that his Ex^' had something to lay 
before them sent Coll" Oilman & Mr March to y'' Couucill Board 
to give information that there was a Quorum of the House met & 
Ready to proceed to business — who lieturn'd & said that they had 
been to the Councill Board but that neither his Ex' nor any of y*" 
C^ouncill were there. 

Mr. Sec'' came & by his Ex-^'^ Direction adjourned y*^ Gen' 
Ass'" till to morrow ten o'clock. 



[p. 174] Saturday, Dec^ 2d 1749. 

Met according to adjournm*. Mr. Sec-' Bro't down the follow 
ing written message from his Ex-' y'' Governo^lI•, viz. 

rroviucool'^ To the members convened to sit in (k'lieral Assembly in 
N. Hamp'' 5 vertue of the 

Kiui^'s writ : ^ 

(TOitlevieu — Tliat no fm-ther impediment may l)e Given ye I'ubiicJv Con- 
eerns of the ProA'iuce, I tliinlc it necessary to appraise 50U that whenever 
you Resolve to proceed to the choice of a Speaker in couformity to my 
repeated Commands which liitherto you have Refused to comply with, I 
shall expect previous to such choice to ))C acquainted Avith your Resolu- 
tion thereon, that I may have an opportunity to adjourn or Prorogue the 
(ieueral Assembly in order to assemble six members called liy the same 
authority that you were >S«: in all Respects equally Qualitled with yoiu- selves 
to vote in said choice, which members you have hitherto Refused either 
to sit or vote tho' in Direct opposition to liis Majesty's connnands to me, 
& gracious Intentions to the People they Represent. 

The two points now in Controversy, Unfortunate for tlie (icntlemeu 
that led you into y^ Dispute by ealling them the Priviledges of y People, 
are Prerogatives of the highest order, and too delicate in their nature for 
me to dispense with ; therefore you must excuse me, Avhen I tell you they 
are and must be sacred to me. 

I?. WKx;rwoi!Tn. 
Councill Chamber in 
Portsmouth, NoV 2;), 1740. 

[r. 175.] Mr. Sec'' came into the House and by his Ex'' Direc- 
tion adjourn'd y'^ (xen' Ass™ to Tuesday next at ten o'clock in y' 
forenoon. 



1740.] JOUKNAL OF THE HOUSE. 113 

Tuesday Dec'' 5th 1749. 
Met and adjourn'd, [again and again, till] 

Thursday Dec' 7, 1749. a. .v. 
Met according to adjournni' — 

Voted, That the following message be sent his Ex^ y* Gover 
nour. 

May it please your EuxeUency 

Your message of the 29 of last month was bro't us by Mr. Secretary on 
ijaturday last just before we were adjourn'd. To which we Reply that 
when Ave Kesolve to choose another Speaker we will then take under con- 
,sideratiou the propriety of giviuir your Excellency previous notice there- 
of, as b}' j'our message you P^xpect, but with that we are determin'd 
not to proceed to another ciioice as we have Kepcatedly told jour Ex>' till 
3'ou shew us your power to Negative or Disallow that which we have al- 
ready made. As to y" two points in Controversy which your ExJ' says 
are unfortunate for y^ Gentleman or (Jentlemen that led us into y Dis- 
pute, we saj- that we know of no other leader than your self, and how 
unfortunate it may be to you time doul)tless will Discover. As your J]x> 
began the Dispute so it is with you to end it if you please either bj' a Ke- 
traction or shewing your Authority. 

[p. 17G.] We have indeed seen a copy of a piece of an Instruction Ke- 
lating to calling members from new places, which was lent us. But as it ap- 
pear'd maini'd and not y- whole & came in such a manner too, and besides as 
your ExJ' had exceeded the powers therein given you, we could not think 
it wise or safe to Act thereon till his yiajesties pleasure should be farther 
known. But as to the Negativing or I)isapi)rovingthe choice of a Speak- 
<'r we have not had a Olimpse of Evidence to i)rove your .Vuthority in 
that case, neither from your Ex>' nor any other way. 

Your Ex>' says the points in controversy are Prerogatives of the higliest 
order & Delicate in their nature : "What if they are 'i Does j« height or 
Delicacy of them prove that his Majesty has vested you with a power to 
Exercise them which is what your Ex> has to do if you would do any 
thing to purpose in Kegard to us. 

Sent up by Tho* Millet &, Mesliech "VVeare Esqrs. 

]Mr. Sec-^' came into y" House and said lie was Directed by ids 
Ex^' to acciuaint us that he had Prorogued the Gen' Ass'" to Wed- 
nesday y'' third day of Jan^ next at ten o'clock in y*^ forenoon, ami 
then in his Majesty's name Declared it Prorogued accordingly. 



Wednesday Jan^ 8'' 1749. 
A number of the members met according to Prorogation. 
Mr. Sec^ by his Ex'' Direction adjourn'd y*^ Gen' Ass'" till to 



morrow ten o'clock. 

8 



114 PROVINCE OF NEW-HAMPSHIRE. [1750. 

Thursday, Jau^ 4, 1749— a. m. 

[p. 177.] Met [and adjoui-ned, till] 

Fryday, Jan^' 5, 1749, i'. m. 

Met aecordiug to adjournment. Mr. Sec^' came into the House 
and said, " I am directed by his Ex^' to acquaint you that he has 
" Prorogued the Gen^ Ass'" of this Province to Wednesday the 
"seventh day of Feb^' next at ten o'clock, and accordingly in his 
"Majesty's name you are Prorogued." 



Wednesday, Feb-' 7, 1749 — 
A number of y" members met according to Prorogation. Mr, 
Sec^ by his Ex^" Direction adjourn'd y'' Gen^ Ass'" till tomorroAV 
ten o'clock. 



Thursday, Feb-^' 8, 1749. a. m. 
Met according to adjournment, [and without doing any business 
[r. 178] -were adjourned from day to day, till] 

Fryday, Feb^ 16, 1749, r. yi. 
[i'. 179.] ]Mr. Sec^ came into the House & by his Ex^'^ Direc- 
tion Progued the Gen' Ass'" to Wednesday the 14'^ Day of March 
next. 



Before the meeting of the Ass'" on the fourteenth of March the 
members were Inform'd by Letter from the Sec^' that the Gen' Ass'" 
was to be further Prdrugued to the twenty first day of March. 



[r. 180.] Wednesday March 2r' 1749. 

The members met according to the Letters sent them. 
Mr. Sec-' came into the House and by his Ex-^ Direction ad- 
journ'd the Gen' Ass'" till to morrow 12 o'clock. 



Thursday, March 22, 1749. Met according to 
adjourn m'. 

Mr. Sec^ Bro't DoAvn a wn-itten message from his Ex^ which is 
on file, (a) 



1750.] JOURNAL OF THE HOUSE. 115 

(a) Journ. Coun. & Assem. March 22, 1749. His Excellency sent by the 
Secy to the returnd members a written message of this Days date setting 
forth that their behaviour had made it necessary for him to keep them un- 
der short adjournments & Prorogations for more than a yearTastin order 
to have a due obedience Paid to his Majesties commands and that he 
hoped they would in the present Assemblance think it both their dutj' & 
Interest to comply therewith and mentioned the Massachusetts Petitiou 
to his Majesty for a reimbursement of their charg in garrisoning fort 
Dummer, &c. 

Mr. Sec7 came into the House and by his Ex^" Direction ad- 
journ'd y'' Gen' Ass™ to three o'clock. 

P. M. [Met andAvere adjournd till] 

Saturday, March 24"^ 1749. Met according to 
adjouinm'. 

Voted, that the following message be sent hi.s Ex^' the Gov- 
ernour. 

May it please your Excellency 

111 answer to your message of the 22'^ Inst, we takeleave to say that 
your Excellencys beeping us under Short Prorogations «&, Adjournments is 
not with propriety chargable to us nor ever would there have been any 
[p. 181] such short adjournments & Prorogations as we conceive, had 
your Excellency laid before us the full of his Majesty's Instructions Ke- 
iating to the matter in controversy when we were first Assembled; audit 
was your Excellency's not doing that which was the whole foundation of 
the controversy as it now stands touching the admission of the Persons 
from the new Places; and the same were not only kept Iromus at our first- 
convening But we were kept intirely Ignorant thereof 'till Mr. Blanchard 
bro't a part of one into the House which was thirty-five days after our first 
meeting: But waving many things which might be said touching your 
Excellencys part in the controversy &. in Justification of ourselves, and to- 
speak once more full to the point in a few words — If you will show us 
your Power we will shew you our compliance. If you will lay before us 
the whole of his Majestys Instruction Kelating to this afl'air we will soon 
convince your ExJ' of our Readiness to Do what appears to be our Duty. 
If your Exy is Resolved not to shew us the whole of the Instruction the 
Dispute must Remain as it is 'till his Majesty shall be pleas'd to order 
them to us in some other way, or till his Majesty's Pleasure is further 
known. Here let us add that the Dispute is not neither has it been 
whether we will obey his Majesty's Instruction, nor can it be as we do 
not know it. But whether your Ex>' will make it known to us or not — this 
is the Point in controversy Between us. 

Before the foregoing message was sent Mr. Sec/ came into the 
House & by his EV' Direction adjourn'd the Gen' Ass'" till Tues- 
day next twelve o'clock. 



Tuesday March 27, 1750. 
A number of the members met according to adjournm', [and 
without doing any business adjourn'd from time to time,] till 

[p. 182, 183.] Saturday 5 of May 1750. 

Met according to adjournment. Mr. Sec^ came into the House 



IK) rROVINCE OF NEW-HAMPSHIRE. [1750. 

and said he was directed by his Jix^ to acquaint iis That he was 
hoping in consideration of the Paragrafs of a Letter from the 
Right Hon"*' the Lords Commissioners for trade and PLintation of 
the 14"" of Dem'"' last which the Hec^ Delivered to Maj' Davis to 
communicate to the members That they would have admitted the 
new members and proceeded to the choice of another Speaker, 
and if we Desired any further time to consider of that matter he 
would be glad to know it. Otherwise he had orders to Prorogue — 
"llie members present viz. llichard Waldron Esq. James Clark- 
son Esq. Eleazer Russell Esq. Mi*. Henry Sherburne Jun"" Maj"^ 
Tho* Davis, Meshech Weare Esq. Mr. John Knight, Capt Jonathan 
Thompson, sent the following message which was Delivered Orally, 
viz. 

May it please your Excellency, 

In answer to your oral Message of this Day by Mr. Sec>' we Reply that 
whenever your Excellency shall be pleased to Lay before us his Majesty's 
additional Instruction with the Letter Referred to in said message from 
the Right Hon''i<= Lords Commissioners for Trade and Plantation we shall 
immediately take the same under consideration and with the utmost cheer- 
fulness pay the Readiest Obedience to what appears to be his Majestys 
pleasure in the matters in controversy. 

[v. 184.] Mr. Sec-' came into tlie House and by his Ex^^ Direc- 
tion Prorogued the Gen' Ass"' to the tliird Wednesday being the 
twentieth dav of June next. 



Wednesday June y' 20, 1750. A mimber of the members met 
according to Prorogation and by adjournment met again 



Thursday, June 21^ 1750. r. 3i. 

The Sec^ Bro't DoAvn the following written Message from his 
Ex>', viz. 

To tlie members called l)y the Kings VV^rit to sit in General Assemblj-, 

Gentlemen — 

lipon my meeting you on this Prorogation I am in expectation that you 
will comply with my former messages in proceeding to the choice of a 
Speaker, and in sending in for the new members duly Qualified and called 
by the Kings Writ to have a voice in the Election which will be agreeable 
to his Majesty's commands to me in support of their Election. 
Councill Chamber B. Wkxtwokth. 

Portsmouth 2P'^ June 1750. 

[p. 185.] Mr. Sec^ came into the House and by his Ex-'"' Direc 



1750.] JOURNAL OF THE HOUSE. 117 

[p. 186.] tioii adjourn'd the Gen' Ass'" till tomorrow ten o'clock, 
[and so from time to time, without doing any business,] till 

[p. 187.] Thursday 27 Sep' 17:;0, a. m. 

Met according to adjournment. 

Voted that the following Message be immediately sent to his 
Excellency the Governor. 

May it please your Excellency 

As the Proviuce was without an Asscmblj- seven mouths before this was 
convened (tho' part of that space was a time of war) and it is now almost 
one and twenty months since we Avcre first called together, Duriuir whicli 
Avhole time of two jears and four months not one single Act or vote lias 
pass'd thro' the Legislatui'c occasiou'd by obstructions from yonr Excel- 
lency by which ye Province is Bro"t under almost insuperable Didlculties : 

We therefore once more Implore your Excellency to permit us to pro- 
ceed to Business, that we may as far as to us appertains and in us lies Ex- 
tricate the (iovernment out oi' that Labyrinth of Distresses in which it i.s 
Involved. 

But if it is not Eno' that your Excellency has Exercised your (iovcrnnijz 
Power iu the manner as in years past And the Time of healing our Publick 
[r. 188.] maladys is not yet come, at least for mercy's sake and iu com- 
passion to our poor Naked Brethren in the frontiers we earnestly Beseech 
your Excellency to allow us to do what is our Duty for the Belief of a? 
many of them as we can, for by the accounts we have from all Quarters 
they are in great Danger of the Indians, and i)erhaps greater tlian if an 
open war was declar'd. 

Before the foregoing message was sent up, Mr. 8ec-^' came into 
the House and by liis Ex^* Direction adjourned the (4en' Ass'" to 
three o'clock. 

Thursday 27 Sej)' 1700 i* m, met according to adjourr.ment. 

The message which was voted in the forenoon was sent up this 
afternoon by Mr. Weare & Mr. Ilall, and the (4(ncrnour not being 
at the Councill Chaml)er the message was lett with the Secretary. 

Mr. Sec^' came into the House and by his Illx'" Direction ad- 
jotirn'd the Gen^ Ass'" till to morrow Eleven o'clock. 



Fryday 28 Sep* 1750 a. m. Met according to adjournment. Mr. 
Sec^' Bro't Down a written message from his Excellency which is 
on file. 

Governor's Message. 

[Copied from MS. Gov='*^ Messages in SeO's ofSce, vol. ii. pp. 71-7o.] 



Province of > 

New Hampshire 3 



To the members couveu'd by the King's Writ to sit in 
General Assemblj'. 
Ge)itlempn 

On the 21*' of Jtuie last my message was deliver'd you by the Secretary 



118 mOVINCE OF NEW-HAMPSHIRE. [1750. 

which to this day you liave not tho't proper to take tlie lest Notice of, 
liow consistant sucli a Ijehaviour is, with Gentlemen in your situation, t 
think is worthy your consideration. 

By your message of yesterday's date, had it been the first of that tenor 
that came from you, I miglit liave ):)een induced to believe you were in 
earnest, wherein you are pleased to Implore rae to permit you to proceed 
upon business, & beseecli for meroy's salce to allow you to do what is your 
duty for the relief of the frontiers ; l^ut when I consider that upon every 
Prorogation & adjournment for tlie space of near twenty one mouths, you 
have liad these opportunities offer'd you & put into your hands and with- 
out tlie lest interruption from me, unless j^ou mean by obstructions, that 
I have in faithfulness to my Iloyal master endeavor'd to support his au- 
thority & commands against the attempts you have made upon both, & 
when I consider that actions are clearer & stronger Evidences to judge 
by, than words whicli may be calculated only to deceive & misguide, such 
as have neither time or opportunity to inquire after trutli, you must per- 
mit me to suspend my belief, until there is a more exact correspondence 
between them. 

The unhappy posture You have put the Public concerns in calls upon 
you for a speedy restoration thereof, &it is in j^our power only to eflect it, 
lest by a longer continuance in your disobedience, you fall imder his Ma- 
jestys highest displeasure, which from a paragraph of the R' Hon'''*" the 
Lords Commissioners for Trade & Plantations letter to me in the follow- 
ing words you have great reason to fear. 

"The Refusal of the Assembly to admit the members of the new Towns 
"directed to be chosen by his Majesty's Instruction to j'ou. which was 
"found Expedient, after the most solemn & mature deliberation, and the 
"opinion of his Majestys Attorney & Solicitor General had thereupon, is 
"so notorious and imjustitiable an Act of disobedience, that we lost no 
"time in transmitting the same to liis Grace the Duke of Bedford, to be 
"forthwith laid before his Majesty for his Directions thereupon." 

From the Inuniuent danger you are in of Increasing his Majestys Dis- 
pleasure by your past disobedience, from the war we are threatened with 
which calls for more than the aid of the whole Legislature in conjunction, 
I hope you will think it not onlj' your Duty, but your highest Interest to 
take oft" the mask & openly declare that his Majesty has been graciously 
pleased to enlarge the Priviledges of the People in away most consistant 
with his Royal wisdom, — which is an iucontestible fact, — declare also 
that by your l)ehaviourthe honest and unwar.v people have been perswad- 
ed to believe that the King was robing them of their priviledges ; That 
the Troops employed fortiie defence of the frontiers in the late war & the 
people that subsisted them, have been kept out of their just dues ; lay 
aside all prejudices, enter cheerfully on the public business, consult the 
good of tlie people you represent, seek the peace of the Government & 
pursue it, then you can meet with no obstructions from me, but on the 
contrary you will find me ready to concur with every act of Government 
that is cousistant for me to assent to, & when there is a perfect harmony 
subsisting in the Government, we may have reason to hope for & Expect 
the smiles of Heaven on our honest endeavors for the pul)lic weal. 

B. Wkxtwortii. 
Council Chamber in 
Portsmouth, Hcp^ L'S, 1750. 

Mr. Sec^ by his Ex-^*' Dircctinu udjounrd y'^' Gen' Ass"' to three 
o'clock. 

Fryday, Se})t. 28. l7ol). v. m. 
Met acconlinG; to unjournment. Mr. 8?c^ same into tlie House 



1750.] JOURNAL OF THE HOUSE. 110 

and said he wu.s Directed 1)}' his Ex-^' to acquaint us that we niiglit 
set next week and longer it' we desh'ed inore tinie. 

Mv. Sec7 came into tlie House and by liis Ex''^ Direction ad 
journed the Gen' Ass'" till tomorrow ten o'clock. 



[p. 189.] Saturday 29 Sep' 17.50. 

Met according to adjournment. 

Mr. Sec^ caine into tlie House and said lie was Directed by his 
Ex^ to Enrjuirc whether Ave had any thing to sendnp this forenoon. 

L''tk'r from Uk: (rovernor to St'O'. Atkinson 

Little Harbour, -J'J'^' Sept. 1759. 
Sir— 

If my message deliveretl the members yesterday obtains any answer or 
tliere is a probabilitj' of tlieir entering 011 business, tlicu you are to ad- 
jouru tlic General Assemljly 'till Monday next at teu, a. m. If there is not 
the above prospect, then atljourn the Geui Assembly to Wednesday 2-t"' 
OcH' at 10 A. M. ])revious to which atljournment you are to Inquire if they 
have any thing to send up. I am, 

Sr. Vour lliuu'' Serv' 
Col. Atkinson. 

[Copied from MS Messages 15. Wkmavoimii. 

Vol. II. p. 77.]— En. 

Voted that the following message be scut to his Ex-' the Gov- 
ernour. 

3/«// it Ph'aan ijour 'ExrcUcmnj 

As your Excellency's written message of yesterday l{e([uires more time 
for a full answer than this day aftbrvis we suspend a Keply at present But 
will get oue Keady as soon as we can and send it the lirst opportunity af- 
ter it is prepared. 

As to your Excellency's oral message of yesterday we Keply — If your 
Excellency will permit us to proceed to Lusiness we shall l)e glad to have 
the Session prolonged, Tiut to be kept sitting and kept ^"om acting we 
have no Desire. 

Mr Sec/ came into the House and by his Ex'' Direction ad- 
jonrned the Gen' Ass'" to Monday next ter. o'clock in the forenoon. 



Monday U* Oct"' 1 750. Met acc(jrding to adjoununent — [and 
adjourned from time to time.] t'lll 

Wednesday 3'' Octob'' 1750 a. m. 
[y. 190.] Voted. That the following message be sent to his Ex'' 
the Governor in answer to his Message of the 28 of Se]itember. 



/^ 



120 TKOVINCE OF NEAV-HAMPSHIRE. [1750. 

May it PUase your ExcoUenry, 

What your Excellency charges us with in the very lirst Paragraph is a 
mistake, viz, That we had not taken the least notice of your message of 
the 21 of June, Whereas we Keceiv'd it, Read it, Entered it in our Jour- 
nals and cousider"d it; and if that was not taking notice of it we know 
not what is. 

Indeed Ave did not make an answer; and the Reason was because it was 
only a short Repetition of what your Exx had sundry times said before, 
and we as often Reply'd to. 

In the next Paragraph your ExJ' says, had our message of the 27 of' 
September been the lirst of that tenor you might have been induced to be- 
lieve it Avas in Earnest : It is true indeed it was a Message of the old Tenor 
But we assure you it Avas no counterfeit nor sent your Ex>' to Jest : and 
if Avhile your Ex>' is making our Importunate Request in behalf of his 
Majestys Exposed Defenceless subjects in the frontiers only a jesting 
matter any of them should be slain, CaptiA'ated or their substance De- 
stroyed by the Indians, Avould it not give you occasion for very sorroAV- 
full Reflections ? for the more Eft'ectual prevention of Avhich Ave once 
more ReueAV our Request in their behalf and assure yoifr Exx that if you 
[p. 191] Avill permit us to act Ave Avill soon convince you of our being in 
Earnest by granting the necessary succours accoriling to our ability and 
in doing every other thing that an Assembl.y ought to do. 

Is it possible for your Ex-v to imagine that your telling us you did not 
believe avc Averein earnest, thatAvords may be Calculated to deceive, that 
you must suspend your belief, and your advising us to take ofl' the mask, 
Avill pass for Reasoning Avith Reasonable men, or be Deem'd a suitable Re- 
ply to a serious i-equest on so important an occasion, or that it can appear in 
any other light than an evasive answer to Avhat Ave liad so pressingly asked 
in favor of the Exposed frontiers. If Ave had a Disposition to Reply in 
the way your Ex^" has taught us, and if it could have a tendency to Guard 
against the Indians, or to End the Dispute between your Ex^ & us, might 
Ave not Justly lietort some of your OAvn Expressions. But Ave forbear — 
Choosing rather to apph^ Palsamicks than return your Corrosives. 

If your IL\.v did not lieally l)elieve that avc aaxu-c in Earnest Avould it not 
have been a Avise and Effectual Avay to have try'il us, and if Ave had fail'd 
in Granting succours for the frontiers avc might justly h.ave l)een <'harged 
Avith a Repugnancy be*Aveen our Avords and actions. 

Your Ex>' says that upon ever}' Prorogation and adjournment for the 
space of or near tAventj- one months Ave luiA'e had opportunities offered to 
proceed upon business, and do our duty for the Relief of the frontiers : 
to the flrst part Ave have fully Reply'd in several former messages : to the 
Latter Ave Replrv noAV, that with Respect to the frontiers it is impossible 
in the nature of things, for it is but about a month since the Indians first 
violated the Peace, till Avhich time the frontiers Avanted no Relief, and 
there has been no Session of the Assembly since, 'till the present Avhicli 
shows this to be another mistake. 

Your Exy says you must suspend your belief of our being in earnest 
'till there is a more exact correspondence betAveen our Avords and actions : 
To Avhich Ave Reply, that Avhere no actions are there can be no corres- 
pondence betAveen Avords and actions, and in the supposed case there 
luiA^e been no actions, your Ex^ having Refused to pei-mit us to act, so 
that Ave cannot Discern the correspondence betAveeu Avhat your Ex^ says 
[i', l'J2] and Avliat you mean, Avherefore Ave suspend saying further upon 
it till Ave can nuike a farther Discovery, 

As to the Paragraph of a I^etter inserted in your Ex-v message, if you'l 
please to give us the Avhole of it Ave'l take it under consideration, and 
make an ansAver to it and send to the Right Honorable the Lords of trade 
Avithout Delay, But this proposal perhaps may not suit your Ex>'. 

AVhat Ave find in a copy of your Ex.v« commission being properly apply'd 



1750] JOURNAL OF THE HOUSE. 121 

to the Dispute between your Exv & us will serve for a full answer to any 
thiuj; else in your message not particularly reply'd to, and to all your 
messages if there had never been any answers given to them before, and 
in our opinion ought to put a final Issue to the controversy : The words 
we refer to are as follow : 

'•And Ave do hereby Ilequire ami Command you to do & Execute all 
•'things in due manner that shall belong to your said connuand and the 
"trust we have reposed in you, according unto the several Powers and 
"Directions granted or appointed you by this present Commission and 
"the Instructions & authorities herewith given you, or by such Powers, 
"Instructions and Authorities as shall at any time hereafter be granted 
"or appointed you under our Signet & Sign manual, or by our Order in 
"Privey Council, and according to such Reasonable Laws and Statutes as 
"now are in force or hereafter shall l)e made &c." 

From the foregoing words it appears manifestly to us tliat your Ex>' has 
no Power as a Oovernour but what was Granted it appointed you by your 
Commission, or by the Instructions you Received with it, or afterw;irii, 
or by such Laws as have been made since. Now 

Mat/ it please your Excellency — 

Whatsoever power you see meet to exercise that is Granted and ap- 
pointed you by j'our Connnission or Instructions or the Laws as above- 
mentioned, we are ready to pay the utmost obedience to, and whatsoever 
power your ExJ' attempts to Exercise which is not granted & appointed 
you in your Comuussiou, nor Instruction nor the Laws aforesaid, we look 
upon as arbitrary & despotic and are equally determined to yield no obe- 
dience to it, nor have we the Least apprehension of his .Majesty's Dis- 
[p. li)o] jdeasure Xotwithstanding your menaces, unless it should be bro't 
upon us Ijy undue and untrue Representation against us. 

Rut to apply the al)()ve Recited Paragraj)!! of j'our Ex>'^ Commission 
more pcrticularly to tlie Points in Dispute we say. If j'our P^x>' has a Power 
to Negative the choice of a Speaker by your Commission. Instructions 
or the Law, how easj' is it for you to shew it to us, and if you have and 
will j)lease to do so, it will put an End to tiiat part of the controversy at 
once, and how kind it would be to the Province in general to shew us this 
Power of Negativing if you can, and if not how IIonoura1)le it W(ndd be 
to your self as well as just to yield a Point you can't maintain. 

Again, if Your Exy will shew us any Power that you have by your Com- 
mission, Instructions or the Law to augment the number of Representa- 
tives, we will imniediately pay a Ready obedience to it, and more Es])ec- 
ially if your Ex>' will lay before us an attested copy of his Majesty's whole 
additional Instruction of the ;50t'i of June, 1748, with such other Instruc- 
tions as your Ex^ may have (if there be smy other) Respecting the calling 
of members from new Places to sit in Gen' Ass'" or the Qualilications of 
Places to send meml^ers that Ave may know the Avhole of his Majesty's 
Pleasure and his appointment and directions in this matter Ave Avill Di- 
rectly on having the same (Avhich you have hitherto denied us) admit sr> 
inany of Persons called from the ncAV Places as are comprehended in the 
said Instruction or instructions, Pi'ovided their Election AA^as agreeable to 
Law. 

And that AA'e should knoAV Avhat his Majesty's Pleasure & Directions in 
this matter are, l)efore Ave are required to obey the same, is so plain & Rea- 
sonable that to use arguments to prove it would be like proving first prin- 
ciples, and it is Avhat his viajesty has re(iuird of your Ex^ in that part of 
the said additional Instruction which Ave have seen in the folloAving Avords : 
"And that you do likeAvise signify his Majestj^'s Pleasure herein to the 
members of said General Assembly." 

[i'. ]'.)■!■.] Does your Exv tl^en do us justice in Representing us as niak- 



122 PKOYINCE ()E NEW-HAMPSHIRE. [1750. 

ino; attempts against his Majesty's Authority & Commands and persvvading 
People to believe that the King was robing "them of their Priviledges, and 
many other things of the like sort which appear in your Ex>s messages. 

We assure your Exy that with the greatest freedom & cheerfulness we 
submit it to his Majesty's Determination where the Disobedience to his 
Majesty's authority & commands lies; and we also freely leave it to the 
consideration of every considerate unpi-ejudiced person where the fault 
lies that the Provincial afl'airs are in such a Dcploral)le situation as at 
present. 

Tlie foreg-oing- message "was sent up bv jVIr. Sherburne, Mr. Mil- 
let and Capt. Hall. 

Mr. Sec'' came into the House and by his Ex-^' Direction ad- 
journed the Gen^ Ass'" to three o'clock afternoon. 

Wednesday 5'^ Oct. 17.50, v. m. 

Met according to adjournment. Mr. Sec-^ came into the House 
and by his Exc^' Direction adjourned the Gen' Ass"' till to morrow 
■ten o'clock. 

Thursday 4"> Oct^ 1750, a. m. 

Met according to adjournment. Mi'. Sec-*' brot down a written 
message from his Ex-^' — whicli is on file. 

Governor s Message. 

[Copied from MS. Govs Messages, Vol. II. p. 81.] 

Province of ? To the members return'd to serve in General Assem- 

New Hampshire. 5bly, by virtue of the Kings Writ, 

I tho't it for his Majesty's service to keep the General Assemblj^ sitting, 
from the 2.S"- of Sept. until I received an answer to my message of that 
date & on the 3'^' of October at one o'clock it was sent to tlie chair crouded 
with indecent and xmparliamentary Language agreeal^le to most of the 
members perhaps that understood it, and pass't it, nemine cnntradicente, 
but as your luibecoming behaviour can't afl'ect me, so it must opperate 
against you & perhaps greatl.y to the prejudice of the people you repre- 
sent, — when the whole of your conduct appears in another place; I shall 
therefore take no further notice tiiereof, but confine myself to what I es- 
teem most essential to his Majesties service. 

You have refused for near twenty one months past, to proceed to the 
choice of a new Speaker & have deuy'd the new members called by the 
King's writ to sit in General Assembly, a seat and vote in the House, be- 
fore you were qaalitied to sit & vote thereon yourselves, alleging that the 
King's Governor had not a Power vested in him to negative a Speaker, 
challenging him to show his power if any such he had, & then j'ou would 
submit to it. You Iiave been told by me that the farmer was a prerogative 
too delicate Id its nature forme to dispense with & tlie latter agreeable to 
his Majesty's Instructions Therefore upon every Prorogation & adjourn- 
ment Since Feb>' 1748 have you not liad it in your Power to call in the 
new members, to proceed to the choice of another Speaker, & to put an 
-end to the deplorable posture of our public affairs, without the least in- 
terruption from me. 

The King's Coinniission li Instructions are what will support me in neg- 



1750.] JOURNAL OF THE HOUSE. 123 

iitiviug the Speaker you made choice of, and the paragraph j'ou have re- 
cited ill my Commissiou is in point against you on that head, if you will 
read it over with upright intentions, & unprejudiced eyes j'ou must own 
that I have full authority vested in me in support & defence of the Rojal 
Prerogative & consequently power to negative a Speaker, & command you 
to proceed to the choice of a new one, which command it was incumbent 
on you to obey, you being by the two following Paragraphs in his Majes- 
ty's Commissiou commanded & required to do it. 

1. "And to do and Execute all & every thing & things which to our 
"Governor & Commander in chief doth or ought of right to belong. 

2. "And We do hereby require & Command all officers and ministers 
"civil & military, & all other inhabitants of our said Province to be obe- 
"dient aiding and assisting unto you the said Benning Wkntwohtii in 
"the Execution of this our Commission & of the powers and autlioritys 
"herein contaiu'd." 

Here by your disobedience you find another instance wherein .you have 
been instrumental in bringing the Province into such a deplorable condi- 
tion, & without any iuteruption from me as yoii would suggest. 

I liave read over my letter from the Kt. Hon''iethe Lords Commissioners 
for Trade & Plantations, from which I gave you a Paragraph, & it was 
purely in compassion to the good people of the Province that 1 tlio't it 
necessary, but I can't find that it was their Lordships intention that tlie 
whole or any part thereof, should l)e laid before the Assembly for their 
consider^^tiou, more especially before only a part of the members called 
by the King's writ, who in their present situation are disqualified from 
taking it uuder consideration until his Majesty's commands & Instructions 
are fully obey'd. 

In & aI)out the month of Eeb>' 1748 as soon as I was recover'd from the 
dangerous Pleurisy I was under the Secretary authenticated that part of 
his Majesty's Additional Instruction given at Whitehall June oO"' 1748, 
which related to or any ways concern'd the Assembly : Coll. Blanchard &. 
Mr. Packer received it from my hands with directions to read it to the 
members present, in support of the Election of the new members, & to 
prevent dispute, and leave it with tiiem if required; it was accordingly 
read in the House and left with you, Init upon your refusing, Mr. Blanch- 
ard, Mr. Packer, the member from Southampton ^*t Kumford a seat in the 
House, who were all then attending. Coll" Blanchard return'd home and 
had my leave to withdraw the above said copy for the satisfaction of the 
People he represented, previous to which 1 was well inform'il that a copy 
was taken thereof l)y some of the members present, and I was soon con- 
flrm'd in it, by seeing the Instruction printed as Hampton News in the 
Post boy, so that it plainly appears that instead of denying you a copy of 
his Majesty's additional Instruction as you would suggest, I took early 
care that it should be communicated to you in the fullest & niost direct 
way, even by your own members, which I chose rather to Employ to con- 
vey his Majesty's pleasure to you, than by signifying it by a message by 
the Secretary, which is what would have sufficiently justifyed me to his 
Majesty & all that was intended hy the word signify. 

I know of no Instructions that the King has commanded to lay before 
you, more than has ))een laid before former Assemblys as occasions of- 
fered, there are manj' which I am to communicate to his Majesty's coun- 
cil ; because their advice and consent is necessary therein, but I don't find 
in the whole body of the Royal Instructions, that I am commanded to ad- 
vise & consult with the Assembly, or lay any Instruction before them for 
their consideration, but for their complyance only therewith. 

You would appear to be dntifuU & Loyal subjects, you profess to be 
friends to your countiy, but unless you demonstrate your loyalty by im- 
mediate obedience & yoxir zeal and "love to your country by relieving it 
from the distresses you have bro't upon it, how can any honest, nprighi; 
Spectators give the least ci'cdit to your professions. 



124 PKOVINCE OF NEW-HAMPSHIRE. [1750. 

Be persuaded therefore to retrieve the honour * * * *(i) house 
of Representatives, which you have * * to the lowest ebb, be prevailed 
upon to act worthy of the station you are called to sustain &, to become 
ji separate branch of the Legislature according to the King's pleasure, 
when you Avill be released from my command, which seems at present so 
grievous, nothing less will demonstrate to the world nor to me the assur- 
ances you have given in your Extraordinary Messages & nothing less will 
remove yon from the situation you are in until his Majesty's pleasure is 
fully known. 

Council Chamljer B. Wkxtwoutii. 

in Bortsmo. Oct'' ^H' 17.')0. 

Wednesday 3'' Oct^ 17.50 i-. m. 

Met according to adjournment — [and then by adjournment and 
})rorogotion, iVoni time to time, met again] 

Thursday, Novem'"' 8, 1750, a. m. 

[r. 1 95.] Mr. Sec^ bro't doAvn a written message from his Ex^, 
which is as follows, viz. 

Province of ) To the members convened liy the King's writ to sit in 
New Hamp''. ) Gen' Ass'". 

« 

(rentlemcii — By and with y advice of his Majesty's ("ouncil I have kept 
you under short Prorogations & adjournments great part of y" time since 
January 1748 in E.xpectation that sooner or Later you might Return to 
your duty it Obedience by paying a due Regard to his Majesty's commands 
signified to you by his Governour in proceeding to the choice of a New 
Speaker in conjunction with the new members — with these views I have 
and shall keep you under short adjournments & Prorogations untill you 
think it your Duty & Interest to comply therewith or his Majesty's Pleas- 
ure be further knoAVU concerning your past conduct. 

B. Wentwoutu. 
Oouncill Chamber in 
Portsmouth, November 7"' 1750. 

[r. 106.] Mr. 8ec' by his Ex-'" Direction adjourned the Gen' 
Ass'^' to tlirce o'clock. 

P. M. Met according to adjournment [and without doing any 
business, met and adjourned from time to time till] 

[p. 201.] Thursday, 27 June 1751, a. m. (2) 

Mr. See/ came into the House and said that liis Ex^' had Direct- 
ed him to Inform the House tliat he was still waiting on the De- 
liberations of the House, Expecting they Avould proceed to the 
choice of a Speaker in conjunction with the new members ; — and 
afterward he came and l)y his Ex'' Direction, adjourn'd the Gen' 
Ass"' to three o'clock. 

(1) .Several words efl'aced in the original. — Ed. 

(3) In the int.eiim—i. e. between Nov. 8, IV.'iO, and .Tnne 27, IT.'il, there were thirty-six 
meetings and adjournments of the House, without doing any business.— Kd. 



1750.] JOrilNAL OF THE HOUSE. 125 

Thursday 27"' June 1751, p. m.J 

Met according to adjournment. Mr. Sec'' by his Ex^' Direction 
adjourn'd y" Gen^ Ass"' till to morrow ten o'clock. 



Fryday, 28"^ June 17.51, a. m. 

Met according to adjournment [and so met and were adjourned 
[p. p. 202-5] from time to time,] till 

Saturday 4"' Jan> 1752. (1) 

Met according to adjournment. Mr. Sec^ and John Downing 
Esq. came into the House and Mr, Sec-' said he was Directed by 
his Ex^ to deliver a message to the House and then Read a long 
message from his Ex'' the Goveniour to the House (a) and after 
he had read the Message he said I am, 

"Directed by his Excellency to acquaint yuu that lie has Dis- 
"solved the (reneral Asseml)ly of this Province, an<l accordingly 
" in his ]Majesty"s Name you are Dissolved." 

(a) This message of the (Joveriior cannot he I'omul : ]5ul the ./oiidiuI of 
CJoun. and Assemb. Jan-^' 4''' 11 o2, says, '-His Excellency sent Col. Down- 
ing & SeO' to the House with a written message — taking notice of several 
Paragraphs of Presiclent Ciitts Conniiission in relation [to] the lirst au- 
thority for calling Assemblys and mentioned the Assemblys three years 
dispute aga'*' the Kings Commands — setting forth that those Disputes 
were the cause of many injuries as the shutting up of the Records, the 
loss of Excise, the loss of the Interest that might have been gained l)y 
the money in England, the soldiers that defended the frontiers the last 
year of tlie Avar remaining unpaid, &c. S^v. which was read in the House 
the members Present." 

(b) Jour. Conn. & Assem. June 1'7, 17j1. His Excellency sent the Sec- 
retary to the members of Assembly, with the following Mess=S viz. That 
he was waiting upon them to proceed to the choice of a Speaker in con- 
junction with all the new meml)ers called in by the Kings writ. 



C 'oro H rs Inqu est . 

[Copied from MS. Corr. vol. n. ]>. ");!] 
trov. of > 

New Hamp. 5 These may certify whom it may concern that Mr. John 
Shackford one of the Coronors for said Province bro't in to his Majesty's 
Court of General Sessions for the Peace, lioiden at Portsni" In & for said 
Province in December Sessions 1750, an Inquisition on the Dead Body of 
Mehitable Higgins and also two other Inquisitions of two Dead Bodies, 
Thomas Manuel Bangs 30"> day of June 1751, the other the IP'i Day of 
July follows on the Dead Body of llichard Major found Drowned in "this 
Town of Portsm" afores''. 

Ordered by the Court that the Clerk Certify it and give an order on the 

(1) In the interi in— lihc lionise met and Mere adjourned thirty-scveu times.— Kn. 



126 PEOVINCE OF NEW-HAMPSHIRE. [1750- 

Treasurer of the Pi"oviuce for the time being for the charge and to pay the 
money to tlie Coroner afor.s'', there being no Estate to be found to pay 
said charges. The charge is as follows, viz. 

Mehitable Higgins— charge £2 : 1-i : 8 

Thomas Manuel Bangs, Do. 2:14:8 

Eichard Major— Do. 2 : 14 : 8 



New Tenor £8:4:0. 
A true Copy — Attest. W. Wentvvorth, Cler. 

Indorsed — "Mr. Jn" Shackford's order on the Treasurer for £8:4. for 
three Dead Bodies found Dead in Portsra"." [No date] 



[p. 215.] Anno Regni llegis Georgii Secundi Mugnae 
Brattaniae, Franciae Hibernae Vicesimo Sexto Annoque 
Domino 1752. 

A JOURNAL OF THE HOUSE OF IIEPRESENTATIVES. 

At a General Assembly of his Majesty's Province of New 
Hampshire began and held at Portsmouth in said Province on the 
second Tuesday in September, being the ninteenth (1) day of said 
month, 1752, in the twenty.sixth year of his Majesty's Ileign. 

Tuesday, September 19"^ 18o2. 
[From Journal of Council and Assembly.] 
rrovince of New Hainp''. Xeio Assembly. 

At a Council & General Asseml)ly, called hy the Kings Precept on the 
second Tuesday in September being (according to Act of Parliament for 
altering the st"ile) the l',)"i Day of the s'' month, 1752. 

Present in Council 

The Hon''ie Henry Sherburne ^ Kich'^ Wibird ) ,, 

Theodore Atkinson V Esqs. .John Downing V ^'f'^^' ?/ "''^ 

Ellis lluske ) Sampson Sheaffe } <- ouncU. 

The Sheriff" made return on the Kings Precept for Electing members- 
of the (ieueral Assembly, viz. That he had Issued Precepts to the sev- 
eral Towns & Precincts named in the said Writt, and the Persons re- 
turned are as follows : 

C Matthew Livermore Esq. 
Poi'tsmouth < Elea// Kussell Esq. 

( Mr. Henry Sherburne, jun. 

C Thomas Millet 
Dover ■{ Maj^ Thomas Davis 

Capt. ,Iolni Wentworth 



tj„^, f^,. S liicli'' Waldron Esq. 
Hampton J ^^^^^^^^ j^^ ^^^j^.j,^ l. 

( Col. Peter Gilman 
I Mr. Zebulon Giddin< 



Philbrick 
Exeter 
New Castle K r^ . m^ -r, ^^ 

o > Capt. Thomas Bell 

Tj J Richard Jenues Esq. 

Kingstowu Jed'' Philbrick 



(1) This record is according to the Xew Style which is hei-e for the first time used 
Tlie reformation in the calendar proposed by Pope (iregory XIII, in 1.^8-2, was adopted 
by Act of Parliament in Great Britain in )7ol, by which Act 11 days in September, 1752. 
wei-e retrenched, and the third day was reckoned the fourteenth. Hence if according 
to the Old Style the second Tuesday in September was the eighth day of the month,, 
then according to the \iw Style, it would be the nineteenth.— Ed. 



128 rilOVlNCE OF NEW-lIAMrSHIKE. [1752. 

Hampton Falls. Me.shech Wear Esq. 
Newington, Mr. Jno Kuight jun. 
Strathain, Corn' Thomas Wiggiu jun. 
Londonderry, Jno Mcmurphy Esq. 
Durham, Joseph Thomas 
Greenland, Clem^ March, Esq. 
New Market, Capt. Isri Gillman 
South hamptou, Jno. Page Esq. 
Chester, Lieut Silvanus Smith 
Plastow & Hampstead, Lieut Tho« Kale 
Salem & Pelham, Mr. Henry Sanders 
Dunstable & Merrimack, Mr. Jou^ Lovewell 
liumford 



Thursday September y'' 21" 1752. 

[i-. 216] The Hon''''' Tlieodofe Atkinson and the Hon"'" Rich- 
ard Wibird, Esqs. came into tlie Hoitse and said that liis Excel 
lencv the Governour directed them to administer the oaths ap- 
pointed to he talcen instead of the oaths of Supremacy and allegi- 
ance, and accordingly administered the said oaths to the following 
gentlemen who afterwards subscribed the said oaths and the Dec- 
laration and then they informed the members that it was Excel- 
lency's pleasure that they should Immediately proceed to the choice 
of a Speaker — and present him for his Excellency's approbation. 

Membei's jn-esent and sworn, (a) 

(a) Journ.Couu. & Asseni. Sept. 21, 1752. Said oaths administered agree- 
ably to Directions to Twenty-three members returned by the Sheriff as 
Ek"cted in the several Parishes Towns &c. to serve in General Assembly 
v^c which were all that was returned Except Richfi Waldron Esq, re- 
turned for the town of Hampton, & Lieut. Silvanus Smith for Chester. 

Mattliew Livermore i 

Eleazer Russell, Esq > For Portsmoutli 

Mr. IlenrySherburne, jun f 
Thomas Millet " ) 

Maj-- Tho^ Davis - for Dover. 

Capt. John Wentworth, 3d ) 
Deacon Joseph Philbrick — for Hampton. 
Peter Gilman Esq | fo^. j,.^^,^., 

Mr. Zebulun (Tiddm^s \ 
Thomas Bell Esq. " \ for New Castle & 
Richard Jennes Esq. j Rye. 

[i>. 217.] Jedidiah Philbrick, Esq. for Kingston 

Meshecli Weare Esq. for Hampton-Falls 
Mr. John Knight, jun^ for Newington 
Cornet Thos. Wiggin for Stratham 
John MacMurphy Esq. for Londonderry 
Mr. Joseph Thomas for Durham 



1752.] JOURNAL OF THE HOUSE. 129 

Clem' March Esq. for Greenland 

Capt. Israel Oilman for Newmarket 

.Tolin Pa.o-e, Esq for Soutliam])ton 

Lieut. Thos. Hale for Plastow tt Hampstead 

Mr. Henry Sanders for Salem & Pelham 

Mr. Jonathan Lovell for Dirnstable & Merrimack 

Soon after the afores*^ memljers were sworn Mr. Secretary by 
his Excellency's order adjourned the General Assembly till three 
of the clock in the afternoon. 

Post Meridiem. Met according; to adjournm'nt A motion V)c- 
ing made by some of the members whether the House would im- 
mediately proceed to the choice of a Speaker — It Avas thought 
necessary that a copy of his Excellency's Commission should be 
layd before the House. Whereupon Meshech Wear and Jolin Mac- 
murphy Esqs. were desired to Avait upon the Secretary and get a 
[p. 218.] copy of said Commission, who rcturn'd and said he had 
it not in his office but as soon as it could be liad the House should 
have it. 

About sunset the Secretary came into the House and a<l)ourn'd 
tlie General Assembly by Ids Excellency's order (as lie said) till to- 
morrow morning Ten of the clock. 



Fryday, Sept. 22'' l7o2. 

Met according to adjournment, And the copy of the Govern- 
ours Commission being brought into the House it was Read, and 
then some of the members making a motion tliat a mes.sage be 
sent to his Excellency to enquire of him if lie had any instruction 
or Instructions relating to the choosing a Speaker, and Meshech 
Wear and Jolm Macmurphy Es(|s. were desired to cfc accoidingly 
waited upon his Excellency to make the above enquiry, Avho de- 
livered the message & soon afterwards Mr. Secretary came into the 
House and said his Excellency's answer was that he did not know 
that he had any Instruction or Instructions relating to the choice 
of a Speaker, but if they referr'd to what Places should send mem 
bers the General Assembly had liad already what related to tliat, 
or words to that purpose. 

[i'. 219.] And then the House proceeded to bring in their votes 
for a Speaker, which being Examined it aiipeard that the Honor- 
able Meshech Weare Esq. was chosen Speaker of the House by a 
majority of Votes, and was accordingly conducted to the chair. 
And then Matthew Livermore, Thos. Millet Esqs. Mr. Henry 
Sherburne jun. Peter Gilman & Thomas Bell Esqs. Avere ap- 
])ointed a Committee to Avait on his Excellency and Inform him 
that the House had made choice of Meshech Wear Esq. to be 

9 



130 PROVINCE OF NEW-HAMPSHIRE. [1752. 

their Speaker, which message they deliver'd and returned to the 
House & soon after Mr. Secretary, the Honorable Ilicliard Wibird 
& John Downing Esqs. came into the House and said that his Ex- 
cellency approved ot the choice of Meshech Wear Esq. for their 
Speaker and that his Excellency ordered the House of Represen- 
tatives to give their attendance at the Council Chamber. The 
House Immediately attended, and his Excellency the Governor 
read the following Speech to them. 

OentUmen of the Council & of the Assembly 

NotwithstancUnn: the uahappy situation of the public aflairs, I have been 
prevented by the Providence of God from meetini^you in General Assem- 
[p. 220.] bly uutillthis time, and it will be the greatest difficulty now, to 
give my attendance on the present sessions. 

I shall therefore recommend the Restoration of a happy union between 
the Respective Branches of the Legislature, and a due observance of the 
several Powers each branch is invested with, which must prevent all un- 
necessary controversys & Issue in the peace and prosperity of the Pro- 
vince. 

It will fiive me great satisfaction to meet you at a time of such difficul- 
ty, disposed sincei-ely and with one voice, to extricate the Government 
out of its present and growing distresses, and unless a speedy Remedy is 
found and applied, the Posture of your public concerns will not only 
bring the Government into the deepest disgrace, but the consequence may 
be of a more dangerous nature. 
Gentlemen of the Assemblij 

Upon Examining into the public funds and enquiring into the Just de- 
mauds on the Government, you will find it necessary to supply the Trea- 
sury with a sum equal to such demands ; in like manner, to defray the 
growing charges of the Government. & such other contingencies as are 
not already provided for, among other things I must recommend to your 
[p. 221] consideration the condition of my house, and making an ade- 
quate grant for the arrearages due on my salary, and an alteration in the 
time of payment. 

The State of his Majesty's Port AYilliam & Mary, where the Royal 
Bounty has placed so many valuable stores, demands your Immediate care, 
and the Honor and safety "of the Government requires it. 

It should be your early care to have a Recorder chosen, and the Excise 
put under proper Regulations, and it being your province more Immedi- 
ately to make the Provision I have recommended, I shall not doubt of 
your discharging that part of duty with the utmost readiness and the 
strictest justice. 

The several sums his Majesty has been graciously pleased to Repay 
towards defraying the Expenses of the Louisbourg and Canada Expedi- 
tions will amount to about £30,000 Str. clear of all deductions & other 
charges. You will therefore look into the State of these Expeditions and 
in support of the public I;iith make provision for all things that were en- 
gaged to be executed in the Act for emitting the sum of £60,000 in order 
to the calling in and sinking said Emission, & I shall direct the Treasurer 
to prepare his accounts for your Inspection & Government herein. 

I have his Majesty's Additional Instruction given at Whitehall April 
[p. 222.] 16"! 17.52, with other matters and things to lay before you which 
shall be communicated by messages at proper opportunitys in the course 
of the session, & as they relate to his Majesty's service and the good of 
the Government tliey must merit your attention. 



1752.] JOURNAL OF THE HOUSE. 131 

Gentlemen of the Council & of the Assembly 

The Acts for altering the sitting of the Courts of Appeal & the Superior 
Court of Judicature are not to be found in the Kecords of the Secretary's 
office whereby many inconveniences may arise, before a copy of these 
Acts duly authenticated can be obtained from the Plantation office, I must 
therefore recommend the speedy passing of an Act for establishing the 
sitting of said Coui'ts & every other matter relative thereto, that may be 
expedient. 

I Recommend to you unanimity and Dispatch in all your public Busi- 
ness and whatever is for his Majesty's service & the prosperity of the 
Government, you may be assured of my heartj" concurrence with you in. 

B. ^YENTWORTH. 

Council Chamber in Portsmouth, 
September the 22*1 1752. 
Copied from the original speech. 

Mr. S]jeaker asked for a copy thereof and the original was sent 
by Mr. Secretary. Mr. Speaker and the House being- returned to 
their own Room they made choice of a clerk, and Mattliew Liver- 
[r. 223.] more was chosen Clerk of the House, and was sworn to 
the faithful discharge of that office by Meshech Weare Esq. 

Voted, That the High Sheriff be directed to lay all his Precepts 
for choosing Assembly men & the lieturns thereon before this 
House Su Mr. Israel Oilman is directed to inform the Sheriff thereof,. 

Voted That the Secretary be desired to lay the Kings Amt for 
calling this Assembly and the Sheriff's Return thereon l)efore this 
House and Coll. Peter Gilman is directed to Inform him thereof. 

Mr. Sheriff Packer brought in to the House his Precepts and 
the Returns thereon and delivered them to the Speaker. Coll. Gil- 
man Brought in the King's writ for calling the Assembly and the 
Shexiff's Return thereon and laid it on the Table, and then the 
King's writ & y" Return thereon and the Sheriff's Precepts & 
the Returns thereon were I'ead. 

And then the Speaker adjourn'd till nine of the clock to-morrow 
morn in"-. 



Saturday Sept. 23*^ 1752. 

Met according to adjournment. And after some debate Mr. 
Knight was sent to the Secretary to get the copy of the cliarter of 
Southampton, Plastow, Ilampstead, Salem, Pelhara, Dunstable, & 
Merrimack, soon after Avhich Mr. Secretary brought into the House 
the Council Book -wherein the s*^ Charters were recorded and the 
same were read in the House out of the s*^ Council Book, and soon 
after Mr. Secretary came into the House and adjourn'd the General 
Assembly till Monday next eleven of the clock in the forenoon. 



132 TROVINCE OF NEW-HAMPSHIRE. [1752. 

Monday Sej)' 25'"^ 1752. 

A number of the members being met the Secretary came and 
adjonrnd the General Assembly till tliree of clock afternoon, 
[p. 224] P. M. Met according to adjournmnt A motion being 
made Avhether the House would now come to the consideration of 
the Election of the members returud from new Places to serve in 
this General Assembly, and also a motion being made by Mr. 
Jona. Lovell to examine and enquire into the Right and method 
of New Castle & Rye, Hampton Falls, Londonderry, Greenland, 
Newington, Stretham, New Market, Durham & Kingston their 
sending Representatives to serve in Gen' Assembly, and it being 
<^bserved that there was not a full House orderd that the con- 
jsideration thereof be put off till tomorrow morning for a full 
House. 

Mr. S^Deaker adjournVl till tomorrow morning nine of the clock. 



Tuesday Sept. 26'" 1752. 

Met according to adjournment. 

The order of yesterday in the afternoon being read and there 
not being a fuller house than when s'^ order was made, further or- 
dered that y" consideration of the matter therein referred to be 
further suspended till there is a fuller House. 

Voted Tliat the Clerk of the late Assembly deliver into the 
hands of the present Clerk all the Books, papers and files in his 
hands relating and belonging to the Assembly, 
[i-. 225.] Voted that Mr. Speaker, Mr. Henry Slierburne jun. and 
Coll. Peter Gilman be and hereby are ajipointed a Connnittee of 
this House to draAV an answer to his Excellency's Speech made to 
the General Assembly the twenty-second Inst. And lay the same 
before tl\e House as soon as may be. 

Voted That the Rev*^ Mr. Samuel Langdon & the Rev'' Mr. 
Samuel Haven be desir'd to pray with this House (at about ten of 
the clock in y'' forenoon) alternately during this session or sessions 
and that Mr. Russell acquaint them thereof.(l) 

Mr. Speaker adjour'd till three of the clock in the afternoon. 

Post Meridiem 
Met according to adjournment. 
Voted that the following be the Rules of the House. 

(1) Mr. Samuel Langdon was minister of the First or North Church in Portsmouth. 
He was born in Boston, graduated 1740, was ordained Feb. 4, 1747, dismissed Oct. 9- 
1774, to accept the Presidency of Harvard College, and died, after a life of eminent use- 
fulness, Mov. 29, 1797, aged 74. 

Rev. Samuel Haven Avas minister of the South Congregational Church in Portsmouth, 
graduated at Harvard College 1749, and was ordained May C, 1752. He died Mai-ch 3, 
fsOO, aged79.— Ed. 



]752. I JOURNAL OF THE HOUSE. 133 

1. That whosoever shall by any misbehavior in speech or action justly 
offend any of members of the House shall for the first ofl'ence be admon- 
ished, for the second fined as the House ^lall see meet. 

2. That no member speak twice until every member have liberty to 
speak once if he please. 

3. That every member direct his speech to the Speaker and not to one 
another, and when any member has a mind to speak to any case that he 
[p. 22G.1 stand up and ask leave of the speaker to speak. 

4. That whenever it happens that there are as many votes on one side of 
the Question as on the other without the Speaker, that then the Speaker 
make the casting vote. 

5. That if the Speaker be absent, the House may choose a Speaker pro 
tempoi'e, that the affairs of the House may be carried on without stop. 

G. That if any member after being Qualifycd and entered shall absent 
himself at any time without leave from the House, he shall be liable to be 
fined at the discretion of the House. 

7. That if any member of this House shall be by the major part of this 
House, tho't unfit and not qualifycd for s'l Place, it shall'be in their power 
to dismiss such person, giving notice to the Town or precinct where lie 
belongs to choose another to All up such vacancy. 

8. That eveiy Bill to be pass'd in this House be read three times and 
that there be two adjournments of this House before any Bill be pass'd 
into an act and that every member keep his place in the House and not 
speak out of it. 

[p. 227.] 9. That the Speaker with eleven members be a House to 
do business. 

10. That no vote that is pass'd in the House shall be reconsidered by a 
less numljer. 

Whereas tliere has been a motion niacle to take into considera- 
tion the Election of Some members return'd from new Places to 
serve in tliis General Assembly, and also a motion being made by 
Mr. Jonathan Lovell as on tile, and considerino- the length of time 
it will take to produce evidence of one sort and another to act 
thereon with safety, and considering also tlie circumstances of the 
Province and that it is necessarpfor the Avell being thereof that 
the House immediately proceed upon Business. Therefore 

Voted, That the consideration thereof shall be further suspend- 
ed in order to get further and more light. Mr. Giddino- moved 
that his dissent might be entered against the above vote which is 
entered accordingly. 

Voted, That Mr. Speaker, ]\[r. Henry Sherburne, jun''. Tho'' 
Millet Esq, and Coll. Peter Gilman be a Committee of this House 
to draft a vote in tlie best manner they can relating to the Re 
cords of Deeds and Conveyances and lay tlie same before this 
House as soon as may be for their consideration and acting 
thereon. 

[p. 228.] And then the Speaker adjourn'd the liouse till to mor- 
row moriiino- nine of the clock. 



134 PROVINCE OF NEW-HAMPSHIRE. [1752. 

Wednesday Sept. 27"' 1752. 

Met according to adjournment. Adjourn'd till three of the clock 
in the afternoon. 

Post Meridiem. 

Met according to Adjom'nment. Adjom-n'd till to-morrow nine 
of the clock. 



Thiirsday Sept. 28"^ 1752. 

Met according to adjournment. 

Voted, That Daniel Pierce Esq. be and hereby is appointed Re- 
corder of Deeds and Conveyances of Lands for this Province for 
the space of one year, commencing from the time he shall be qual- 
ifyed to act in said office and untill the third day of the next sit- 
ting of the General Assembly after the Expiration of the said 
term, and that he shall not be qualifyed to act as Recorder untill 
he shall have given Bond, with two sufficient Surety s jointly 
and severally in the sum of Ten thousand Pounds xmto the Speaker 
of the House of Representatives for the time being and taken an 
[p. 229.] oath for tlie faithfull discharge of the said office and that 
he be not qualifyed to act in said office untill fourteen days after 
this vote has passed the three Branches of the General Assembly 
and that the fee for Recording shall be nine pence a page each 
page to consist of twenty eight lines eight words to a line, and 
three pence for the attestation of such Record and its being com- 
pared with the original, and the same for a copy from the Record, 
and the attestation thereon of its being compared witli tlie Book, 
and that the Honorable Henry Slierburne, Riciiard Wibird and 
Meshech Wear Esqr. and Eleazer Russell and Thomas Bell, Esqrs 
be a Committee and that they or the Major part of them take the 
Books & 2»apers belonging to the said office of Recorder into their 
custody in case of the death or incapacity of the said Recorder, or 
the Expiration of the term above mentioned, & them safely keep 
untill further order ot the General Assembly, and it is further 
Voted, That the said committee or the major j)art of them take a 
list of all the Books now belonging unto the said office and Receipt 
for the same from the s*^ Recorder and that they be under oath for 
[p. 230.] the taithful discharge of their trust, and that a Duplicate 
of said Receipt be lodg'd in the Secretary's office, (a) 

(a) Jour. Coun. and Assem. Sept. 28, 1752. Capt. Israel Gilman & 
Capt. Jedediah Philbrick bro't up from the house a vote appointing Daniel 
Pierce Esq recorder of Deeds &c. which being read a message Avas sent 
from the Governour and council to the house to recommend to their con- 
sideration weJther it would not be better to liave the recorder execute the 
office till anotlicr recorder should be chosen & swonie in liis room instead 
of the Third day of the next session &c. as mentioned in the said vote & 



1752] JOURNAL OF THE HOUSE. 135 

to enquire if such a clause had had its Determination in the house, if so 
to return the s'' vote, if not to leave it with the house, which message be- 
ing deliver'd the Speaker said, that Paragraph had been under considera- 
tion & was disapproved by the house — which answer being reported at the 
board the s<i Vote was again read and concurr'd by the Council and as- 
sented to by the Governour. 

Sent up by Capt. Israel Gilman and Jedediah Philbiick, Esq'. 
Adjourn'd till three of the clock in the afternoon 

Post Meridiem. 

Met according to adjournment. 

Whereas the acts for alterins; the sitting of the Court of A])peals 
and of the Superior Court of Judicature are not to be found in the 
Secretary's othce, and inasmuch as many inconveniences may arise 
before a copy of those acts can be obtained from the Plantation of- 
fice ■which may be very prejudicial to the Government, and where- 
as the Justices of the Court of General Sessions of the Peace have 
by Law no power of adjourning that Court whereby many Illcon- 
veniencys have already happened and many nu)re may hajipen, for 
prevention and Remedy whereof, 

Voted That Mr. Henry Sherburne Jun"" and Matthew Liveruiore 
be a Committee of this House to joyn with sucli as shall be ap 
pointed by the Hon'^''^ Council to draw ii}) a suitable Act relating 
to the premises, (a) 

(a) Jour. Coun. & Asseni. Sept. 2S, 1752, p. m. Which vote was con- 
currd, a Committee added on tlie part of the board and assented to by the 
Governour. 

Sent up by Richard Jennes, Es(p and Deacon Philbrick. 

[p. 231.] Voted tliat his Excellency the Governor be desired to 
direct the Treasurer to lay his accounts before the General Assem 
bly as soon as may be, as the House is now ready to proceed to 
the Examination of the said accounts. Sent up by Mr. Bell and 
Mr. Lovell. 

Adjourn'd till tomorrow nine of the clock. 



Fryday Septemb^ 29"^ l7o2. 

Met according to adjournment. 

Voted That Mr. Sherburne be desired to wait on y" C-hairman 
of the Committee for letting out the £25000 Loan and desire y*" 
■Chairman to lay before this House a State of s'^ Loan with respect 
to what is ]>aid xmto the s'' Committee of the principal and interest. 

Mr. Sherburne accordingly waited upon the Chairman of the 
Committee and reported that tlie Channnan said it should be done 
as soon as may be. 

Adjourned till three of the clock in the afternoon. 



136 PEOVINCP] OF NEW-HAMPSHIKE. [IToiJ. 

Post Meridiem. 

Met according to adjourumsnt. 

Rich.ard Wibird Esq. came into tire Hou^e and said he was di- 
[p. 232] rected by liis Excellency to deliver two letters, and desir- 
ed tlie Honse to take them under their immediate consideration 
and advise him what methods they tho't best to pursue, and if 
they tho't proper to give a Reward he would immediately Issue 
his proclamation. 

Voted that the following be sent up to his Excellency as an an- 
swer to his Excellencvs speecli made to the Gen' Assembly dated 
y'^ 22'iday of Sept. 1752. 

2Iaii it please your Excellency 

The unhappy situation of tlie public affairs ol" this Pi-ovince uoav are 
and for so long a time past have been in, gives great conceva to us, the 
Representatives of this Province, and its present aud grievous Distresses 
are not unobserved by us, aud we assure your Excellency of our hearts 
desire of a happy imiou between the Respective Branches of the Legisla- 
ture aud of our sincere IJispositiou to do ever? thiug in our power cou- 
sistent with the duty we owe to his Majesty aud the good of the people 
Ave Represent to Extricate the Governuieut out of its present Difticultys 
aud to advance the true interest thereof. We shall take under cousidei'a- 
tiou the several things recommended by j'our Exceleucj', shall Endeavour 
to give a due attention to y^ importance of them and to do that which 
[p. 233.] shall appear for the best Intrest of the Government — To pursue 
which is the Honour and Intrest of all the Branches. 

Sent u}) l)y Mr. V/entworth & Mr Wiggin. 
Adjourii'd till to morrow morning nine of the clock. 



Saturday Sept. 30* 1752. 
Met according to adjournment. 

Voted that the following be an answer to liis Excellency's Mes- 
sage of yesterday by Richard Wibird Esq. 

If your Excellency thinks it expedient to Issue out a Proclamatiou for 
apprehending the Persons meutioucd in the letter signed P. I. as mur- 
therers, the House consent that a Reward of lifty Pounds new Tenf be 
offer'd to any Person or Persons who shall apprehend the said Persons in 
this Province and the_v are convicted. 

But the House are of the opinion that the most likely way to have 
them apprehended, would be to send an officer or officers to apprehend 
the Persons suspected before a proclamation is Issued. 

Sent up l)y jMarch. 

The Secretary came into the House and said his Excellency had 
directed him to adjourn the Gen' Assembly till Monday next elev- 
en o'clock in the forenoon and accordingly adjourned the same. 



17-52.] JOURNAL OF THE HOUSE. loV 

[r. 234.] Monday Oetob^ 2"i 1752. 

A number of tlie nierabev.s beini;- met, the Secretary adjourn'd 
the Gen^ Assembly till to morrow morning ten of the clock in the 
forenoon. 



Tuesday OctoV y'= 3^"^ 1752. 
A number of the members being met, the Secretary came into 
the house and said he Avas directed by his Excellency to adjourn 
the General Assembly till three of the clock in the afternoon and 
accordingly adjourned the same. 

Post Meridiem. 
Met according to adjournment. The House adjournVl till to 
morrovv' mornini'- nine o'clock. 



Wednesday OctoV 4"^ 1752. 

Met according to adjournment. The act for altering the time of 
the sitting of the (xovernor and Council as a Court of Ap}>eals &c. 
being brought into the House was read a first time. 

Tiie House adjourn'd for quarter of an hour by order of the 
Speaker. 

Met according to adjouruuieut. The above act was read a sec- 
ond time. 

Post Meridiem. 

[p. 235] Mi't according to adjournment. Tiie afore-mentioned 
act read the third time ami pass'd to be enacted and sent up by Mr. 
Je'dediah Philbrick, Mr. Knight and Mr. Lovewell for concurrence. 

Mr. Secretary came into the House and said he waited upon the 
House Avith two Messages from his Excellency and deliverd them 
and two other pa]>ers, tlie contents of which the House would see 
and recommendeil the consideration thereof to the House when 
there should be a convenient opportiuiity. 

[Message and papers relerrcdto copied iVoni MS. Gov's Messages, Vol. II, 

pp. 91, t)2. 

Mr. Speaker & CTentlemen of the Assembli/ — 

The Right Hou''i'- the Lords Commissiouevs for Trade & riantations 
haveiug transmitted to me of 2St'» April, 1752 au Additional Instrnction 
from their Excellencys the Lords Justices, Given at Whitehall tlie K;"' day 
of April 17,"»2, requiring & directing me jointl.y with the Council and As- 
sembly of the Province under my Government, forthwith to revise the 
Laws, Statutes & ordinances no^v in being, it in I.,ieu thereof to frame & 
pass a complete body of new Laws, which T must press you to give your 
services & diligent attention to, and as the said Instractiou only relates 
to this weighty and Important concern, you will herewith receive a copy 
thereof for your direction & guidance. 

Their Lordships, apprehending difhcultys might occur in carrying this 



138 PROVINCE OF NEW-HAMPSHIRE. [1752. 

Instruction into Execution, they have sent me a law passed in Virginia 
upon the burial of their old Laws, which as far as it sutes with the Con- 
stitution of this Government will greatly Expedite the method of bury- 
ing our old Laws. I now send it down by the Secretary for your perusal 
•& direction. 

And as their Lordships have in a most tender & afiectionate manner ex- 
pressed themselves on this occasion, I have given you the Pai'agraph of 
their letter in the words following : 

" As difficultys may occur with Respect to the method of carrying the 
"latter of these Instructions into Execution, We think it proper to inclose 
"to you a copy of an Act passed in Virginia for the revisalof the Laws of 
"that colony which has been successfully executed, and as it appears to 
"us to contain very prudent regulations for the attainment of so desirable 
•"an end, wee recommend it to you to endeavor to follow the same plan as 
"nearly as the particular circumstances of your Government will admit. 
"We must likewise recommend it to you to use your best endeavours 
"in carrying this Instruction into Execution to prevail on the Assembly 
" to make effectual Provision in the new body of Laws for all such mat- 
" ters as have been from time to time recommended to you by Instruc- 
"tion or otherwise, & for which provision may not have been already 
"made; so we bid you heartily farewell and are 

Your very Loving Friends & hum'^i'-' Servants 

DuxK Halifax 
J. Pitt. 
DurrLix 
Whitehall, April 28"' 1752. Ciiaules Townshexd." 

It will give me great satisfaction to And that a matter of such general 
concern to the Public should be entered upon readily & cheerfully, and as 
the method of doing it which must have taken up a great deal of your 
time, is fairly pointed out by a Colony that has succesfully gone through 
athiugoftlie same nature, I am hopeing nothing will prevent our suc- 
cess. 

Council Chamber in B. Wextwohth. 

Portsmouth, Oct-J 4"- 1752. 



[Copied from MS. " Addresses to the King." pp. 72, 73.] 
Mr. Speaker & 
■Gentlf^men of the ^Issembly, 

Upon my transmitting the several Acts passed by me to the Right 
Honi'i« the Lords Commissioners of trade & Plantations, their Lordships 
having first taken the above acts under consideration, are pleased to write 
me thereon as follows : 

"The two first of the above four Acts for Erecting, Establishing & In- 
" corporating Parishes, have clauses which direct that they shall have all 
" the Libertys & Privileges of other towns & Parislies, Saving only the 
" choosing a representative in General Court, in which matter, the Inhab- 
"itants at the said Parishes are to joyn with the other towns, & the two 
"last declare that the Inhabitants of" the new Parish shall remain with the 
" inhalMtants of the old Towns, from which thev were taken as to the 
"choosing representatives until further order of the General Court. 
"These provisioos appear to us to be encroachments on the Prerogative 
" of the Crown, inasmuch as his Majesty's Governor is impoAvered by his 
" Commission & Instructions to Issue Writts in his Majesty's name to any 
" Parish or township duly qualified according to the Said Instruction to 
" send a representative to the Assembly, from which power these Acts do 
" preclude him, and therefore we should have laid the same before his 



1752.] JOUliNAL OF THE HOUSE. 139 

'' Majesty for his disapprobation, but as the respective Parislies may have 
^' been settled under the said Acts, & their privileges confirmed to them 
•" thereby, such a repeal might greatly atlect the prosperity of the Inhabi- 
"tants, & therefore we the rather recommend to you to endeavor to 
■*' get Lavps passed as soon as possible, for explaining & amending the 
"former Lavrs in the particulars above mentioned, and be very carefull 
* ' for the future of giving your assent to Laws of this kind. 

Signed, 

Dunk Hallifax 
J. Granville 
E. Fane 
J. Robinson 
J. Pitt. 

Their Lordships of 14'^ Dec"" 17-19, write me, again : 

"You yielding to the assembly, in suflering them to insert clauses in 
■"the Actspassed for Division of old Towns, erapoworing or restraining 
"those towns from sending Representatives to the General Assembly, by 
"which the prerogative of the crown was infringed, has, we fear, in 
"many points been the occasion of the extraordinary encroachments 
"they have from time to time continued to make, & have at length car- 
"ried to so dangerous a pitch. Should they refuse to pass acts to Ex- 
" plain & amend those above mentioned, We shall lay them before his 
"Majesty for his Disapi^robation, & recommend Charters of Incorpor- 
"ation. 

Signed, J. Pitt Ch^ Townsend 

DufHin J. Greenville. 

As I cannot be more particular, or in stronger terms recommend the 
passing the Acts of Amendment refer'd to in the two above recited para- 
graphs from the board of Trade, I shall onlj^ press 3^our cheerful and ready 
complyance therewith. 

B. "Wkntwoiitii. 
Council Chamber 
Portsm° Oct" -1, 1752. 

[Acts referred to.] 

An act for incorporating a new Parish in tlie Township of Londonderry 
in the Province of New Hampshire, Passed Feb>' 12"- 17-11-2. 

An Act for ei'ecting & incorporating a new Parish or precinct in the 
township of Exeter in the Province of New Hampshire. Passed 23^ Feb- 
ruary 1741-2. 

An Act for making & Establishing a Parish in the Soutli Westerly part 
of Exeter in the Province of New Hampshire Passed 2(5"' June 1742. 

An Act for making and Establishing & Confirming a Parish in the north- 
erly part of Hampton in the Province of New Hampshire, agreeable to 
the metes & bounds herein after mentioned. Passed 30"' November, 1742. 

The Treasurer came into the House & delivered his acc'\ 
The House adjourn'd by order of the Speaker till tomorrow 
mornin<2r nine of tlie clock. 



Thursday Octob'" 5'="^ 1752. 
Met according to adjournment. 

Whereas an Act Entitled an Act in addition to an Act for grant- 
ing unto his Majesty an Excise on several Liquors made & passed 



14:0 PROVINCE OF NEW-HAMPSHIRE. [1752. 

l)y tlie General Assembly of tliis Province in the nineteentli year of 
his Majesty's Reign is ex])ire(:l, the same being Temporary, and 
whereas the said act while in force Av^as fonnd to be beneficial to 
this government, 

Voted That the said act be Revived for the space of Ten 
[p. 236] years from the Day this ^-ote shall pass the three 
Branches, and w^hereas there are considerable sums of money due 
for Excise to this Government, by virtue of the said act before it 
expired, which money began to become due on the sixteenth day 
of May 1748 and ended the first day of July 1751 when the said 
act expired — And considerable sums due for Excise by "sirtue ot" 
an act made and passed in the fifth year of his Majesty's Reign 
Entituled an act for Granting unto his Majesty an Excise on sev- 
eral Liquors, — It is further Voted that the Excise upon the several 
Liquors mentioned in the last recited act sliall be the same as the 
Excise mentioned in the fii'st recited act herein voted to be re\ived, 
& further voted that the whole of the Excise now due as afores'^ 
shall be recover'd by the Collectors hereafter mentioned and ap- 
pointed who shall be and hereby are invested Avith all and singular 
the Power of collecting t?ie same which the farmer of the Excise 
had by virtue of the said acts — that every Retailer & Tavern er 
give a true account upon oath to the Collector in whose District 
he or she lives of Avhat Liquors (liable to pay Excise) he or 
she hath sold between the sixteenth day of May 1748 and the day 
on Avhicli this Aote shall pass the three Branches — And if any 
Taverner or Retailer shall refuse to give such account upon oath 
(which any justice of the Peace Avithin this Piovincc is hereby Im- 
[r. 237.] powered to administer) that he or she ]iay a fine of Eight 
Pounds new Tenor to the collector in Avhose District he or she 
lives for the use of the Government Avhich shall be in full for his or 
her Excise during the said time, Avhich fine shall and may be reco\'- 
ered by such Collector in the same Avay and manner as the fine for 
refusing to SAvear is RecoA^erable in and by the last recited act. 
And Avhereas there is no person or persons a])pointed to collect 
and Receive the Excise afores*^ — Voted, That there be collectors 
appointed for that end, and that Avhen appointed they lie under 
oath for tlie faithful discharge of the said trust, & that each of 
them give Bond to the S])eaker of this House for the time being 
in the sum of one thousand Pounds ncAV Tenor with tAVO suflicient 
suretys jointly and seA'erally that such collector shall do all in 
his PoAver to collect the same in his Respective District and j)ay 
Avhat he shall receive of said Excise or fines unto the Treasurer of 
the Province of Xcav Hampshire for the time being Quarterly, de- 
ducting Avliat shall be alloAv'd him for collecting the same, and that 
such Collector shall also render an account thereof under oath unto 
the General Assembly Avhen thereunto required. And that there 
be Duplycates of the said Bonds taken, the one of Avhich shall be 
lodg'd Avith the Speaker of this house for the time being, and the 
other Avith the Secretary, & 



1752.] JOURNAL OF THE HOUSE. 141 

Further Voted, that the several Districts be as folhiws, viz. 
[p. 238] That Portsmouth, New Castle, Rye, Greenland Xewiug- 
ton, Strnthain and Gosport be one District, and y' Mr. James 
Stoodley jun. of Portsmouth, Inn holder, be the collector for tliat 
District, and that he be allowed four and a half per cent for what 
moneys he shall collect in that District : 

That Hampton, Hampton Falls, Southampton and Kensington 
be one District, and that Mr. Jose])h Thomas of Durham be the 
Collector for that District, and that lie be allow'd live per cent for 
what moneys he shall collect in that District : 

That Exeter, jSTewmarket, Ep])ino-, Brentwood Nottingham and 
Epsom be one District & that Mr. Zebulon Giddiug be the Col 
lector for that District and that he be allow'd live per Cent for 
what moneys he shall collect in that District : 

That Dover, Durham, Kocliester, Harrington & Summersworth 
be one District and that 3Ir. Joseph Thomas of Durham be the 
Collector for that District and that he be allow'd six per Cent for 
what moneys he shall collect in tliat District : 

That Kingston, Newton, Plaistow and Hamjistead be one Dis- 
trict and y' Mr. Zebulon Gidding be the Collector tor y' District, 
and tliat he be allow'd six ])er Cent for what moneys he shall col- 
lect in that District : 

[p. 239.] That Chester, Londonderry, Derryfleld, Litchfield and 
all other towns and places on the East Side of Merrymack River 
not before mentioned be one District and that Jolm Macmurphy of 
Londonderry Esq. be the Collector for that District, and that he 
be allow'd six pr Cent for what moneys he shall collect in that 
District : 

That all the Towns and i)laces on the west side of Merrymack 
River be one District and that Mr. Jonathan Lovewell of Dunsta- 
ble be the Collector for that District, and that he be allow'd six 
jir Cent for what moneys he shall collect in that District : 

Further A^oted That each of the said collectors be furnished 
by the Secretary with a copy of the two before recited acts and of 
the act tliat shall be made in consequence of this vote, at the 
charge of the Province ; also that the Province sliall be at the 
charge of the Bonds that shall be given. And that Mr. Speaker 
and Mr. Sherburne be a Committee of this House to joyn such as 
shall be ai)pointed by the Hon"'' Council to draw up an act agreea- 
able to this vote. 

Sent up by Esqr. Philbrick tfe Esq. Page. 

Voted That Mr. Speaker, Mr. Sherburne, Mr. Bell & Mr. Gid- 
ding be a committee of this House to Joyn Avith such as may be 
[p. 240.] appointed by the Hon"'' Council to consider upon that 
part of his Excelencys the Governor's speech relating to the money 
w*^" his Majesty hath been pleased most graciously to Repay 
towards defrayhig the Expences of the Louisbourg and Canada 
Expeditions and Report as soon as may to the Gen' Assembly what 



142 PROVINCE OF NEW-HAMPSHIRE. [1752. 

method will be best to proceed in Avith regard thereto in order to- 
promote the General good of the Province. 

Sent up by Mr. Gidding and Mr. Knight. 

Voted, That Eleazer Russell, Esq. and Mr. John Knight be a 
committee of this House to joyn with such as may be appointed 
by the Hon^'" Council to look out for and provide a suitable place 
or places in this Town for the Gen^ Assembly the Superiour Court 
of Jud" and Infe'' Court of Common Pleas to set in as there shall 
be occasion between this time and the first of May next and to 
agree with any person or persons therefor at the Expense of the 
Province. 

Sent up by Mr. Thomas and Mr. Lovewell. 

The House adjourn'd till three of the clock in the afternoon. 

P. M. 

Met a(;cording to adjournment. 

Voted that Coll Peter Gilman, Mr. Henry Sherburn Jun''. and 
Thomas Bell Esq. be a committee of this House to joyn Avith such 
[p. 241.] as shall be appointed by the Honourable Council to exam- 
ine into the Treasurer's accompts (a) and make Report thereof to 
the General Assembly as soon as may be, and that if they do the 
business in the Recess of the Court, that they be allow'd Reason- 
able satisfaction for their trouble and service. 

(a) Jour. Coun. & Assein. Oct. 6, 1752. Mr. Livermore from the House 
bro't up a vote for choice of a Comittee of both houses for auditing the 
Treasurer's Acc't — which was read & coucurr'd at the board & a comit- 
tee added aud assented to by the Governor. 

Sent up by Mr. Hale and Mr. Wiggen. 
Adjourned till tomorrow morning nine of the clock. 



Fryday Octo^ G"^ 1752. 

Met according to adjournment. 

A motion being made to enquire if the vote of the House sent 
up yesterday to the Council appointing a Committee of this House 
to examine into the state of the Treasurer's account was acted upon 
by the Council and if not to desire to withdraw it. Mr. Lovewell 
went up to make the s'* enquiry, soon after which the Secretary 
brought the said vote of yesterday into the House nothing being 
done upon it by the Council. 

Voted, That Mr. Speaker and Matthew Livermore be added to 
the afores"^ Committee. Vote sent up again by Mr. Sanders. 

Adjourned till three of the clock afternoon, 

fp. 242] Post Merediem. 

Met according to adjournment. [Adjournd.] 



1752.] JOURNAL OF THE HOUSE. 143- 

Saturday, Oct' 7* 1752. 

Met according to adjournment. 

Whereas a certain sum of money has been granted by tlie Par- 
liament of Great Britain for Reimbursing to this Province part of 
the Expenoe whicli tliis Province was at in taking and supporting 
Cape Breton and promoting an intended expedition against Can 
ada, which said money has by order of the Lords of his Majesty's 
Treasury been Issued and paid unto Jolm Thomlinson, Esq. agent 
for this Province at the Court of Great Britain for the use of this 
Province, who hath advised this Government thereof and desired he 
might have proper orders rebating thereto, and inasmuch as this gov- 
ernment hath not yet liad an account of the particular sum allow'd 
and granted by the Pai'liament for the intended expedition against 
Canada and lodged witli the said agent for accompt of the Prov- 
ince or wdiether in tlie said Grant of I'arliameut any particular ap- 
propriation for the use of this Province was made and ordered and 
forasmuch as the uncertainty of these particulai's renders it im- 
practicable for this Government at present to make any other use, 
profit or advantage of the said money now in the hands and under 
the management of the said agent than to invest it in some of the 
publick stocks or fund:^ wherel)y it may be bringing in something 
[p. 248] for the Benefit of tlie Province, in order fur the Bringing 
in and sinking the Bills of Credit emitted for carrying on and pro- 
moting the said Exjjeditions — Wherefore Voted that the said John 
Thomlinson Eeq. be and hereby is desired, authorized and Im- 
powered Immediately on Receipt hereof in Behalf and in the name 
of the Governor, Council and General Assembly of this Province 
and for the use and benefit of the Province, to put the whole of the 
said money into such stocks or funds as he shall Judge most ad- 
vantageous for the Province taking the proper and usual security 
therefor and sending a copy of such security A^th a duplicate 
thereof to the committee hereafter named — Further Voted, That 
the Interest arising from said nu)ney be applyed to the sinking the 
Bills emitted for carrying on and pronu^ting said ex])editions, and 
that Mr. Speaker and Mr. Henry Sherburn jun"". be a Committee of 
this House to joyn with such as may be appointed by the Ilon*"^ 
Council to forward an attested Copy of this vote under the seal of 
the Province to John Thondinson Esq. Agent for this Province at 
the Court of Great Britain as aforse'\ and to correspond with him 
in this afiiiir. 

Sent up by Mr. Bell & Mi'. Sanders, (a) 

(a) Jour. Of Coun & Assem. Oct. 7. 1752. whicli vote was read at the 
board & coucurred. 



144 PKOVINCE OF NEW-HAMPSHIRE. [1752. 

Jjetter of the Committee to Mr. Thomlinson. 

[Copied from MS. Corr. Vol. II. p. CO.] 

Portsm", N. Hampi' Nov. 18,1752. 
Sn — You'l Please to ol)sei've by the Inclosed vote that we are appointed a 
Committee of the General Assembly of this Province to forward it to you 
and to correspond with you in this afi'air. The vote itself is so expressive 
that it leaves little room for any further or more Particular Directions, 
the Determinations of the Govenror, Council and Assembly being- to have 
the money therein mentioned put Imediately under the Best Improvement 
any of the Publick Stocks or funds will admit of, which by the s<' vote is 
referred to your discreet management. That clause in the vote that says, 
"if it be not repugwant to the grant made l)y the Parliament to his Majes- 
ty," &c. wasiucerted that the Governor might not be in the least suspect- 
ed any Avay to act counter either to the Act of Parliament made for re- 
straiuing the Plantations from making Paper money or Postponing the Pay- 
ment of any already made or to auyof his Instructions relative thereunto, 
but as this Grant is circumstanced we apprehend no Dangerfrom that Ques- 
tion and unless we can have a better time to look about the Province will 
be sunk Avith the Load of Debts now Due, the money allowed for the Can- 
ada Expedition being but about one half the sum those Preparations real- 
ly cost, so that if we should Immediately Draw for the Sterling money to 
sink our Paper it would by nomeansansweranygood End, for weshouldin 
that case have about £150,000 old Ten'' out standing besides the great Debt 
due from the Province for its Defence last War which it would be Impos- 
sible to Collect should the Paper money at once be called in, especially at 
this time, so that there is but one way that we (on this side the water) 
can think of to save the Province from sinking ; — therefore give us leave 
in behalf of the Province (which hath Ave believe your good wishes) to in- 
sist upon it that you Imediately put this money under the improvement 
mentioned in the vote & to desire you'd keep us (in the quality of a Com- 
mittee) constantly & minutely advised how you Proceed therein that we 
may from time to' time Report thereon to the General Assembly. 

Mr. Wibird & the Speaker Mr. Wear, being out of Town Don't sign but 
as the vote Expresses all that is expected from you, their signing is not so 
material, however Ave shall soon forAvard a Duplicate under their hands. 

We are Avith much respect, your most obedient Hum'^'^ Serv'* 

Theodore Atkinson 
Henry Sherburne, jun. 
To John Thomlinson Esq. Agent (a copy) 

for the Province of Ncav Hampshire 
at the Court of Great Britain in 
London. 

Per the ship London, Capt. Grainger. 
Copy of AA-hat went Avith the vote referr'd to above, authenticated under 
the iPi-ovince Seal &c. 

Attest Theodore Atkinson, Chairman. 
Reported to the General Assembly 28"' November, 1752. 



Report of Attorney and Solicitor General in respect of paying reim- 
bursing funds for expences in the expedition against Louisbourg. 

[Copied from MS. Corr. in Secys office, Vol. II, p. 33.] 

To the Right Honorable the Lords Commissioners of his Majesty's 
Treasury. 



1752.] JOURNAL OF THE HOUSE. 145 

3Iuy il please your Lordsliips — 

III pursuance of your Lordships desire signified to us by Mr. West iu 
his letter of Octob'' last, Representing that your Lordships having had uu» 
cler consideration the payment of the several sums granted by Parliament 
last session to reimburse to the several Provinces and Colonies in North 
America the Expences they have been at in takiug and Securing Cape 
Breton, to which payment your Lordships were very desirous of giving 
all proper dispatch, and that the agents for the said Colloneys, on the one 
hand, having applied for the immediate payment of the said sums, and 
produced copies of the powers under which they claim the same; and 
the Merchants trading to New England having, on the other hand, oficr- 
ed reasons in a Memorial against such payment And that your Lordships 
not being satisfied that what the Agents call their powers are sufficient 
authorities on which such large sums may'legallj^ be issued; as well by 
reason of the dates of some of them being antecedent to the grants as 
because thej^ do not appear to be derived from legal acts of the General 
Assemblies — Your Lordships were pleased to transmit the said Memori- 
al and powers to us to take the same under consideration together 
with the votes of the House of Commons and clause of appropriation, 
and to desire our opinion whether these powers are such as ilo oblige or 
will in Law sufficiently justify your Lordships to issue the sums without 
account to the Agents respectively, especial]}' as the Agent of the princi- 
pal province has refused to give security for answering the Trust in him 
reposed, and accounting in the Exchequer for the same. 

We have taken the said several papers into consideration, (all Avhich 
are herewith return'd to your Lordships) and have been attended by the 
respective agents, and hy some of the petitioners in the Petition of the 
New England merchants, to whom we thought it proper to give notice of 
the Reference. 

As to the powers of Mr. Bollau from the Massachusetts Baj-, and to 
Mr. Palmer from Connecticut, they are only votes of the Assembly. But 
as they have no Letter of Attorney under the Seal of the Province, who 
are Corporate Bodys by Charter from the Crown and cannot regularly 
make Attorneys but under their common Seal, We are of opinion that 
these gentleman are not properly authorized for that purpose. And the'" 
General Agents have been .sometimes made by votes of Assembly, and 
such agents have acted on the Foot of such authority, which have been 
acquiesced in, yet in a matter relating to the Revenue, and issuing large 
sums of publick money given by act of Parliament out of his MJijcsty's 
Treasury, we conceive nothing .should be done but according to the strict 
rules of Law. Nor do we think that the giving security if ottered for the 
due accounting for the money would be sufficient ground to dispence with 
those Rules in the present case. 

With respect to Mr. Partridge's power from Rhode Island, as he pro- 
duced to us an authority under the Seal of the Province (a copy of which 
was sent to us from your Lordsliips) We are of opinion your Lordships 
may be well justified in paying him the sum appropriated by tlie said act, 
to Rhode Island upon his giving a proper Receipt, and leaving with your 
Lordships his said power. 

However as the Merchants of New England have by their petiton rep- 
resented the Inconvenience arising from the paper credit given in that 
province, as well as in the Massachusetts Bay, and desired the payment 
of these sums might wait till it be seen what steps would be taken there 
to redress that grievance, Mr. Partridge acquainted us that he was willing 
the money appropriated to Rhode Island might be placed in the Bank till 
further Instructions from his Province. 

As to New Hampshire, It appearing from an Extract of Captain Thora- 
linson's letter to Mr. West which he likewise confirmed to us, that he 
cannot produce at present either the original or copy of his power, & rep- 

10 



140 PKOVIXCE OF NEW-HAMPSIIIKE. [1752. 

resenting such power as he has to be only a general power of agency not 
adapted to this particular purpose, We are of opiuiou your Lordships can- 
not i)e justified in issuing to him the money given to that Province, tho' 
from his character and the general sense of the Merchants we do'nt con- 
ceive any doubt of his being their general Agent. 

All which is most humbly submitted to your Lordships great Judg- 
ment. 

D. Hydek 
W. Murray. 
(Copy) 23 Novem'- 17i8. 



Letter to Michard Waldron from Jiichard Partridge^ London 
23 3Iar. 1748-9. 

[Extract— copied from MS. Corr. Vol. II. p. 37.] 

London P' mo : or March the 23*', 1748-9, 
Mtj Friend liichard Waldron, 

" Thy favor of the 15"' Nov'' last pr Capt Sherburn, I have received. 

"As to the Expence the several Colonys of New England were at in 
taking and securing Cape Breton, you have been already acquainted with 
the Act of Parliament of last sessions for granting the several sums ac- 
cording to their Demands, but for want of the respective agents being 
duly empowered to receive them & for some other Cause also the Lords 
of the Treasury have postponed the payment hitherto, but now the Mass- 
achusetts have sent over their Act of General Assembly empowering 
three Gentlemen to receive the money for that Province, & that they had 
concluded to call in & pay of their paper Bills of Credit with it in propor- 
tion at 10 for one, it is expected tliey will not detain the monej^ much 
longer, application having already been made for it to the Treasury who 
have taken till after the time called Easter holj'-days to consider of it is 
over, That is about 10 days, & the others also when their Powers come 
over probably will fare in like manner : And as to the money due for the 
Expence in the late Canada Expedition there were last year some pay- 
ments made, but a stop has been put to it now for about 8 mo* : Since for 
want chiefly of Governour Shirlys sending over the several Colonys Ace'-'* 
which he was to collect and transmit to the Secretary' of State, most of 
Avhich I suppose are still behind, so that it is uucertain when that money 
Avill come, but I make no doubt of its being paid some time or other & 
probably not very long first after the accounts are adjusted here. 

"There is a Bill lately brought into the House of Commons for regu- 
lating & restraining paper Bills of Credit &c. in the Plantations, a printed 
copj"^ whei'eof I send thee indorsed, which is framed in such a manner 
that if it should pass into a Law as it stands, it would, as we here appre- 
hend, be very prejudicial to the Plantation Goverm's in general, especially 
that part relating to the Instructions to be sent from hence to tlie several 
Govt's, & therefore some of the agents have thought it their duty to peti- 
tion the House praying to be heard by Counsel against the Bill, which 
was granted & the day appointed for it is the 11"' of next mo' when 
doubtless we shall get some alterations at least made in it. 

"I was yesterday in the House of Commons when Lord Dupp'in of the 
Board of Trade moved (in consequence of the King's last .speech to his 
Parliament relating to Provisions being made for the reduced officers and 
disbanded men who had behaved well in the Land & Sea service) for the 
undertaking (which the King and Ministry seem to be very fond of) for 
peopling and Settling Nova Scotia by sending several Transports to Che- 
bucta with 2 or 3 men of Avar under Adm' Hawk agreeable to an adver- 
tizem' in a Newspaper herewith sent thee ; they propose to send now 



1752.] JOURXAL OF THE HOUSE. 147 

">,000 porsons of -^vliicli about 000 are already entered : the said Lord men- 
tioned it in a ])articiilar manner setting fortli tlie strength & security it 
■would be to our Northern Colonj'S «.<: other advantages respecting Masts 
to be readily got there for the Royal Navy, Lmnber for supplying our su- 
gar Colonies, The Fur trade with the Indians, the cutting otf the Com- 
merce of the French Inhabitants of Annapolis Royal with Louisbourg, & 
above all. The Beuetit of so good a Cod Fishery &c. and concluded with 
a proposition of a supply for it of £40,000 at present, intimating also tliat 
something further will be annually wanted, which was seconded by some 
in the ministry & it seemed to Ije fallen in with in general : whereupon a 
supply was accordingly Voted, Nemini Contra : Sr John Hind Cotton, a 
member of the House signitied indeed That he was glad they had at 
length thought our Northern Colonys worth being supported ^L- defencletl 
& that according to the old Proverb better late than never & wished the 
Lord who moved this miitter had been at the Congress at Aix la Chappell 
with his Notions & pi-evented the delivering up Cape Breton : not that lie 
should oppose what they were now upon, but he was ready to think the 
proverb was now suitable that when the steed was stolen they might shut 
the stable door, & did hardly expect such great things from the unilertak- 
ing as they talk't oft"; — or to this eftect, & others alleged Inconvenienc}' 
Avould attend from the French Roman Catholics settled at Annapolis Royal, 
that some care should be taken to send our Protestant Schoolmasters 
for Educating their children & that the French there were increased from 
2500 (which' is what they were at the Peace of Utrecht) to 25000 as they 
arc now — but I think not more than one person iu the House opposed the 
undertaking. 

Col" Cornwallis, Bro'" to Lord Cornwallis is to go over Governour in 
the Expedition, W^^'^ is to be a Civil Governm' — & it is sayd that some of 
the Englisli Forces at Louisbourg are to joyn in the settlem^ at Nova 
Scotia — for further news I refer to y" prints herewith sent & conclude with 
kind respects. 

Thy Assured Friend. 

Ricii'i Pahtkidge. 

2'' mo. 4"'. They saj' now that Adm' Hawke w"' 5 men of war is bound 
to Tobago probably to drive ye French from thence, & that Capt. Rouse 
only in a man of War is to convey y*^ Transports to Nova Scotia & to sail 
y-' latter end of this month. 



Voted That Matthew Livermore l)e and hereby is desired 
to procure a complete Body of the Laws of Connecticut at tlie cost 
of y" Province. 

[i\ 244.] Voted That jMr. Slierburn Mr March and Matthew 
Livermore be a Committee ot this House to wait upon his Excel- 
lency to confer with him upon that part of his Excellency's Speech 
relating to the Repairs of his House and lleport thereon to this 
House as soon as may be. 

Mr. Secretary came into the House and said the Aote for choos- 
ing a Recorder was passed, That the Act for establishing the 
Courts was passed, The vote relating to y'^ money in England was 
concurred by the Council, The vote about the Excise was under 
consideration, The vote for choosing a Committee to examine the 
Treasurers Acc'^ was finished and a Committee added, The vote 
for looking out a House for the Gen^ Assembly &c. to sit in was 



148 PROVINCE OF NEW-HAMPSHIRE. [1752. 

finished and a Committee added, And tliat the Governor liad di- 
rected him to adjourn the Gen' Assembly to Monday next tliree of 
the clock in tlie afternoon, and accordingly adjom'u'd the same, and 
s*^ that it would be adjournd from Monday next to Tuesday come 
sen' night after. 



Monday Octo"" 9"^ 1752. 

A few of the members, viz. Livermore. Russell and Sherburn 
met and the Secretary came into the House and adjourned the 
Gen' Assembly to Tuesday the 17"^ day of Octo' 1152, ten of the 
clock in the forenoon. 



[r. 245.] Tuesday Octo-" 17'*^ 1752. 

Two of the members, viz. Mr. Russell and Livermore met and 
the Secretary came into the House and said it was his Excellency's 
order to him to adjourn the Gen' Assembly to three of the clock 
in the afternoon, and accordingly adjourned the same. 

Post Meridiem. 

Met according to adjournment. 

The committee ai)])ointed to wait upon his Excellency to confer 
with him relating to the Repairs of his house made Report to the 
House that they had waited upon his Excellency and confered 
with him thereon, and that he signified that he desired to have a 
comfortable house provided for him, but did not condescend to par- 
ticulars. 

By order of the Speaker the Plouse adjourned till to-morrow 
morninc: nine o'clock. 



Wednesday Octo^ 18"' 1752. 

Voted That Mr. Sherburn Coll Gilman and Capt. Bell be a Com- 
mittee of this House to Joyn with such as shall be a})pointed by 
the Hon^' Council to make inquiry into what method may be most 
siiitable to proceed in for making Provisions for a convenient 
House for his Excellency and make Report thereon to the Gen' as- 
sembly as soon as may be. Sent up by Mr. Thomas and Mr. Wig- 
gen, (a) 

(a) Journ. of C. & Ass'". Which vote was read & concurrd aud 
assented to by the Goveniour. 



1752.] JOURNAL OF THE HOUSE. 149 

[p. 246.] Voted, That Mr. Speaker Mr. Slierburne Mr. Lovewell 
and Mr. Went\vorth be a Committee of tliis House to consider 
of Avhat method or plan is best to proceed upon in order to a new 
proportion and make Ileport thereon to tiie House as soon as 
may be. 

Adjourned till three of tlie clock afternoon 

Post Meridiem. 

Met according to adjournment. 

By order of the Speaker tlie House adjonrnd till tomorrow 
niorninfc nine o'clock. 



Thursday Octo^ 19"' 17.52. 

Met according to adjournm' 

Voted That the Committee for providing Stores &c. for the in 
tended Canada Expedition be and hereby are authorized and Im • 
powered to sell at piiblic vendue as soon as may be all the stores 
provided for the s*^ Expedition now remaining in their hands and 
custody, and that the money that -shall arise therefrom be put into 
the Treasury in order to the jiaying the soldiers that have been 
employed in the defence of the Province, so far as it Avill go when 
the Muster Rolls are made up and allow'd by the General Assem- 
bly and that the surplusage (if any) be towards the Defreying the 
contingent charges of the Government as shall be hereafter onlei'Vl 
by the Gen' Assembly. Sent uj) by Mr. Wentworth & Mr. San- 
ders. 

Mr. Secretary came into the House and delivered tlie Speaker a 

paper which he said was a state of y" acct. of y" loan 

money exclusive of Avhat those of y'' committee who were borrow- 
ers had stopi)ed for their pay, and also said that y"" vote for consid- 
I p. 247] ering the affair about ])roviding a convenient house for his 
Excellency was finished and tliat himself and Mr. Wibird were 
added to 'the Com'"' and that they are ready to proceed upon the 
business. 

Voted That Mr. Macmurjihy and Mr. March be a Connnittee of 
this House to get from the Treasurer ;m account of what places 
that have at any time paid Provincial Taxes, have not had Avar- 
rants sent to them for collecting j)rovince Taxes and how long 
such warrants have been omitted, also what })laces have not paid 
M'hich have had warrants sent to them. 

By order of the Speaker the House was adjourned till three of 
the clock afternoon. 

Post Meridiem. 

Met according to adjounmient. Adjourned by order of the 
Speaker till to morrov,^ morning nine o'clock. 



150 PROVINCE OF NEW-IIAMrSIIIKE. [1752. 

Fryday Octo'' y^ 20*" 1752. 

Met according- to adjouniiii*. 

Voted That Mr. Macinurphy Capt. Gilinan and Mr. Lovewell 
be a Committee of tliis House to pro])ortion what sum such 
places shall ]jay to the Province Tax as the Treasurer can't now 
seixl warrants to, also y*^ arrearages of such places. 

Col. Gilman and Mr. Hale waited on his Excellency to enquire 
of him if the vote relatinj^ to the money in Mr. Thomlinson's 
hands was assented to by him, who came back and said they had 
delivered the message, (a) 

(a) Journ. of C. & Assem. Oct. 20, 1752. Ili.s Excellency sissented to 
the vote I'or Putting the money in agxnit Thomlinson's liands, hito some 
of tlie funds &c. as concurrd by the Council on the 7"' Inst. 

[i\ 248.] The Secretary came into the House and bro't in the 
A'ote relating to y'^ money in Mr. Thomlinson's hands and said y*^ 
Council had concurrd with it but that the Governor proposed an 
amendm' which the Secretary mention'd. 

The House adjourn'd till three of the clock afternoon. 

Post Meridiem. 

Met according to adjournment. 

Upon reconsidering the vote relating to the money in Mr. Thom- 
linson's hands. Voted that the following Avords, viz. If it be not 
repugnant to the Grant made to his Majesty by Parliament, 
wdiereby his Excillency our Governor may be in danger of 
incurring the King's Displeasure. — be added in the close of the 
Preamble of the afores'' vote. Sent up by Mr. Bell and Mr. 
Knight, wlu) re])orted they had delivered the vote. 

Voted That Esq'' Piiilbrick and Esfj'' Page Avait on the Council 
and Enqiure whether the vote relating to the Excise and also that 
relating to the selling the Stores remaining in the hands of the 
Committee for providing stores tfec. for the intended Expedition 
against Canada be concurrd by the Council, — who reported they 
had delivered the message. 

The House adjournd till toinorrow morning nine o'clock. 



[r. 249.] Saturday Octo^ 2P' 1752. 

Met according to adjournment. 

The Secretary came into the House and brought in the vote re- 
lating to the Excise and said the Council tho't that the Excise on 
Liquors Avas (for the future) jnit at too low a rate, and that there 
were some places pd particularly mentioned in the vote — A\'hich 
the Council tho't ought to be particularly mentiond and left the 
said vote with the House for their reconsideration. He also bro't 



1752.] JOURNAL OF THE HOUSE. 151 

into the Iloxise the vote for selling the Stores &c provided for the 
intended Canada Expedition remaining in the hands of the Coni'*^'' 
appointed for the providing s*^ stores ifee. and said the Governor 
having signitied he could not assent to it as it was, viz. That the 
money arising upon such sale should be put into the Treasury for 
y*^ use and purpose mentioned in s'^ vote, the Council had not pass'd. 
npon it and then lelt it with the House for their Ileconsideration. 

He also bro't into the House si;ndry Acts namely the District 
Act, the last Reviving District Act. the Small Pox Act, an Act 
about Highways, the Gaging act. The Explanatory act about 
Town meetings, also an Act ]»ass'^ July 2*^ 1743. He also said the 
vote about the money in Mr. Thomlinson's hands was assented to 
by the Governor. 

[r. 250] The Secretary came into tlie House and said that the 
Council had nonconcurrd the vote of the House of the 11>''' In- 
stant relating to the selling the remaining Canada stores, the said 
vote ha-\dng been sent back to the Council after it was left Vv'itli the 
House for their Reconsideration. 

Voted That the Committee for ])roviding Stores ttc. foi" the in- 
tended Expedition against Canada be and hereby are authoris'd 
and Impower'd to sell at public vendue as soon as may be, all the 
stores provided for the said Expedition now remaining in their 
hands and custody and that the money that shall arise therefrom 
(after the charges of storage and sale and all other Incident 
charges are satisfyed and paid) shall be put into the Treasury there 
to remain till further order of the General Assembly. Sent up by 
Capt. Gilman. 

Voted That the Treasurer send out his Warrants for Collecting 
the Proxince Tax for the current year agreeable to the Prices af- 
fixed and set to the following Articles, viz. 

[p. 251.] Merchantable Hemp pr hundred 

Flax pr pound 

Winter and flrst fare Isle of Sable Cod-fish pr Quintal 

Barr Iron pr liinidred 

IJye pr bu.sliel 

"Wlicat pr do. 

Barley pr do. 

Peas pr do. 

Indian corn per do 

Pork pr pound 

Beef pr do 

Joyst pr Thousand 

Merchantable white Pine Boards pr Thousand 

White Oak two Inch plank pr Do 

Same proportion for tuicker 

Bees wax pr pound 

Pitch pr barren 

Tar pr Do 

Turpentine pr Do 

Bay-berry wax pr Pound 

Tann'd sole Leather pr Do 



£2: 


15: 





0: 


1: 





0: 


15: 





2 : 


0: 





0: 


5 : 





0: 


G: 





0: 


4: 





0: 


8 : 





0: 


4: 


; 


0: 


0: 


; 4 


0: 





: b 


2 : 





: 


2 : 


5 


:0 


8: 


0; 


:0 


O: 


1 : 


: G 


1: 


5: 


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: 


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10 


: 


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: 3 


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: C 



152 PROVI]^CE OF NEW-HAMPSHIRE. [1752. 

[The Gov'' assents to the above.] 

The Secretary came into the House and said the Council had 
concurr'd with the vote for selling the Canada stores also with the 
[p. 252.] vote for regulating the Treasurer in sending out his 
Warrants for collecting the Province Tax for the current year, 
And said it was his Excelleneys order that the General Assembly 
be adjourned to Tuesday the thirty first day of October, Inst. Tea 
of the clock in the forenoon, and accordingly adjourned the same. 



Tuesday October 31^' 1752. 

A few of the members met according to adjournment and the 
Secretary came into the House and said it was liis Excellency's or 
clersto him to adjourn the General Assembly till three of tlie clock 
in the afternoon and accordingly adjournd the same. 

Post Meridiem. 

A number of the members met but not siifficient to make ^ 
House, and the Secretary came into the House and said it was his 
Excelleneys orders to him to adjourn the General Assen\bly till to 
morrow morning ten o'clock, and accordingly adjourned the same. 



Wednesday, Nov. 1'' 1752. 

Met according to adjournment. 

Voted That Thomas Millett, Richard Jenness and Eleazer Rus- 
sell Esqs. be a committee of tliis House to joj'n with such as shall 
be appointed by the Honourable the Council to tell over what Bills 
[p. 253.] of public credit now are in the hands of the Treasurer to 
be burnt according to acts of General Assembly, and when the 
same is told, to bring the same into the General Assembly in order 
to be burnt to ashes in the face of the General Assembly. 

Sent up l;)y Esq'' Page. 

Mr. Treasurer Jalfrey bro't into the House sundry ace'* relating 
to the Treasury, some of which related to the late dec'd Treasurer, 
and the others to liimself as Treasurer. 

The House adjournd by the order of the Speaker till three 
o'clock afternoon. 

Post Meridiem. 

Met according to adjournment. 

Capt. Andrew Todd brought into the House a muster i-oll and 
swore to the truth thereof 

Capt. Moses Foster brought into the House a muster roll and 
swore to the truth thereof. 



1752.] JOUENAL OF THE HOUSE. 153 

Mr. William Walker brought into the House a muster Roll and 
swore to the truth of it. 

Voted That the Committee appointed for the Examining the 
Treasurer's accounts jDroceed upon the examination of the accounts 
this day bro't into the House by Mr. Treasurer Jaifrey. 

The House adjournd by the Speaker till tomorrow morning nine 
o'clock. 



Thursday Nov. 2'^ 1752. 

Met according to adjournment. 

[p. 254.] The House upon reconsidering their vote of the fifth 
of October last past relating to the Excise upon Liquors wliicli 
vote was sent back to the House by the Honourable the Council 
the twenty-first day of the same October for Reconsideration of 
said vote, adhere to the said Vote, Excepting that Northampton 
Parish in said Province, be assigned unto Mr. Joseph Thomas and 
that it be in that District in whicli Hampton is, and tliat John 
Macmurphy Esq. be the Collector of the Excise due from all aiid 
any of those Persons who are in and by this vote aj^pointed Col- 
lectors of Excise, and that the said John JMacmurphy ICsq. be under 
the same regulations and invested with the same Powers and an- 
thoritys as the other Collectors are and that the s*^ John McMur- 
phy Esq. be allow'd six per cent for collecting the same. 

Sent up by Capt. 13 ell and Esquire Page. 

The Secretary brought into the House a memorial signed by 
Wra. Symes which was read and ordered to lay for consideration. (a) 

Journ. of C. & Ass'". Nov. 1, 17.52. The memorial of Capt. Wm. Sj'incs 
in relation to a settlement of some of the Kiiiijj'.s lands at a place called 
Co-o.s on Connecticut river setting- forth his having the promise of Three 
Hundred and forty men already engaged for that service, & praying that 
50 of the said men maybe in the pay & subsistance of this Province, read, 
recommended and sent Down to the House. 

Thomas Rawlins of Stratham in the Province of New Hamp- 
shire came into the House and declared upon oath That he liad 
lately his dwelling House consumed by fire, That in it he had 
burnt to the best of his judgment eight Pounds eight Shillings old 
Ten'' Bills of public Credit of this Province, and pray'd that he 
might be allow'd that sum by the Government. Therefore 

Voted That he be paid the sum of Eight Pounds eight Shillings 
[p. 255.] old Ten'" Bills of public Credit on this Province out of the 
Bills now to be burnt to ashes, and that the said sum be accounted 
part of what shall now be burnt and that the Speaker of this 
House be impowr'd and desired to take said Bills and pay the same 
to said Rawlins taking his receipt therefor. 

Sent up by Doctor March and Mr. Wiggens 

Adjourn'd till three o'clock afternoon. 



154 PROVINCE OF NEW-HAMPSHIRE. [1752. 

Post Meridiem. 

Met accordino; to adjournment. 

Voted That Thomas Millet, Ilichard Jcnness and Eleazer Kus^ 
sell Esqrs be a Committee of this House to Joyn with such as shall 
be appointed by the Honourable the Council to receive from the 
Trustees for letting- out the tvrenty five thousand Pounds Loan, 
what of the principal sxim of said Loan is paid unto the said Trus- 
tees and to tell over the same and to bring the same into the Gen- 
eral Assembly in order to be burnt to ashes in the face of the Gen- 
eral Assembly agreeable to the Act for emitting the said sum of 
twenty five thousand Pounds Loan. 

Sent up by Capt. Wentworth and Capt. Philbrick. 

The House adjourned by the Speaker till to-morrow morning 
nine o'clock. 



[p. 25G ] Fiyday Nov"' S^*^ 1752. 

Met according to adjournment. 

The Speaker being absent upon the business of the Government 
Richard Jenness Esq. was chosen Speaker pro tempore. And the 
Clerk being absent on the business of the Government John Mac- 
murphy Esq. Avas chosen Clerk pro tempore. 

By order of the Speaker protempore the House Avas adjourn'd 
till three of the clock afternoon. 

Post Meridiem. 

Met according to adjournment. 

John Macmurphy Esq. made oath that he Avould execute the of- 
fice of Clerk of the House being chosen clerk pro tempore, so long 
as he shall remain in that office according to his best skill and 
judgment, agreeable to Law, before Matthew Livermore, Jus. 
Peace. 

The House adjourned till tomorrov/ at nine of the clock, by 
order of the Speaker. 



Saturday, Nov^^ y'^ i^^ 1752. 

Met according to adjournment. 

Mr. Secretary came into the House and said That it was his Ex- 
celency's orders that the General Assembly sho'd be adjourn'd tc» 
Monday next at three of the clock, post Meridiem. 



1752.] JOURNAL OF THE HOUSE. 155 

Monday Xov^ 6"^ 1752. 

A few of tiie incinbers met, but no Speaker. The Secretaiy 
came into the House and said it was his Excelency's orders to him 
[p. 257.] to adjourn the General xVssemhly till tomorrow ten of the 
clock in the forenoon. 



Tuesday Nov"" y" Seventh 1752. 

A nnniber of the members met but not a House. The Secre 
tary came into the House and said it was his Excelleucys orders to 
adjourn the Gen^ Assembly till three of the clock in the afternoon^ 
and accordingly adjourned the same. 

Post Meridiem. 

The House met according to adjournment. 

My. Speaker Wear being absent Rich*^ Jenness Es<i. Speaker 
pro tempore took the chair. 

Whereas the Act more eifectually to prevent profane cursing 
and swearing is expired, the same being temporary, which act 
while in force Avas found beneficial — therefore Voted that the said 
act be revived for the sjiaee of five years and that Richard Jeimess 
Esq. and John JMacnmrphy Esq. be a Connnittee of this House 
to joyn with such as shall be appointed by the Ilon''''^ the Council 
to draw uj) an Act accordingly. Sent up by Capt. Gilmau & Mr. 
Lovewell. 

The House is adjournd l)y order of the Speaker, for the space of 
[r. 258.] a quarter of an hour. 

Met according to adjounnnent. 

The Act to prevent deceit in the Gage of Cask pass'd by the 
House but the Council being broke up was not sent up to the 
Board. 

The House adjournd till tomorrow morning nine of the clock 
l)y order of the Speaker. 



Wednesday Nov"" 8"' 1752. 

Met according to adjournment. Richird Wibird Esc^. bro't into 
the House sundry paj^ers relating to Mr. Clem' Minor of Stoning- 
ton in the Colony of Connecticut setting forth that the s*^ Minor 
had a dwelling house burnt and considerable paper Bills of this 
Province, and other things therein in the month of April 1747. 

Post Meridiem. 

Met according to adjournment. 

Whereas there is a necessity of having a farther Regulation of 



15G PllOVmCE OF NEW-HAMPSHIRE. [1752. 

the Ferrys within this Province and of having the Fees and 
fares of the Respective ferrys within this Province settled & 
stated — tlierefore Voted that Clement March Esqr. Capt. Israel 
Gilnian and Mr. Jonathan Lovewell be a Committee of this Honse 
tojoyn with such as shall be appointed by the Honorable the 
Council to draw up an act accordinoly. 

[p. 259.] The House was adjournd by order of the Speaker till 
tomorrow mornins: nine of the clock. 



Thursday Nov'' 9*-'> 1752. 

Met according- to adjournment. 

The Secretary bro't into the House tlie vote relating to the Ex- 
cise upon Liquors and said the Council had pass'd it with an 
amendment and tliat the Council ho})ed the House would concur 
Avith the amendment. 

The House concurr with the amendment of the Council on the 
afores'* Vote. Sent up by Mr. Lovell. 

The House adjournd by order of the Si)eaker till tliree of the 
clock afternoon. 

Post Meridiem. 

Met according to adjournment. 

The vote pass'd yesterday about tlie Regulation of the ferrys 
sent up this day by Mr. Lovell. 

The House adjournd by order of the Speaker till tomorrow 
morning nine of the clock. 



Fryday Xov"". 10"^ 1752. 

Met according to adjournment. 

Richard Wibird Esq. came into the House and desired he might 
witlidraw the papers he had some time before bro't into the House 
relating to Mr. Clement Minor, — which were deliverd him. 

[r. 260] Richard Wibird Esq. bro't again into the House the 
papers relating to JMr. Clement Minor and a memorial of him the s"^ 
Clement INIinor desiring he might be allowd the sum of one hundred 
and sixty five pounds old Ten'" out of the Treasury of the Province 
of New LLampshire for so much Province bills of C-redit on the 
Province of New Hampshire which, as the memorial suggests was 
burnt when his dwelling house was burnt. 

He also bro't into the House the Report of the Committee ap- 
pointed to make enquiry into what method may be most suitable 
to proceed in for the making provision for a convenient house for 
his Excellency. 

The House adjourrid for two hours ])y order of the Speaker. 



1752.] JOURNAL OF THE HOUSE. 157 

Post Meridiem. 

Met according to adjournment. 

The Report of the Committee appointed to make enquiry into 
what method may be most suitable to proceed in for tlie making 
Provision for a convenient liouse for his Excellency being read and 
considered, 

Voted that the said Report be accepted with Regard to the Re- 
pairs that are necessary to be immediately made on the House his 
Excellency now hath so as to make it conveniently tenantable, also 
[p. 261] that it will be for the Honour as well as Interest of y'' 
Province either to build or purchase a Province House for the Res- 
idence of the Governor hereafter, provided a way and method can 
be found out for the effecting thereof not prejudicial to the Gov- 
ernment. 

Sent up by Doctor March. 

Mr. Obadiah Parry brought into the House a muster Roll which 
he swore to in the House. Upon consideration of the memorial 
of Mr. Clement Minor and the evidence i)roduced in support and 
maintenance of the fads therein suggested, 

Voted That he be paid the sum of forty one Pounds live shil- 
lings new Tenor Bills of public Credit on this Province now in the 
Treasury to be burnt to ashes (so much of the Bills of Credit ou 
this Province being burnt in his house) & that the said sum be ac 
counted & reckoned as so much and part of what shall now bo 
burnt, — and that Richard Wil)ird Esq. who brought the said me 
morial into the House, be and hereby is authorised and Imjiowered 
to receive the same of the Committee for Receiving the nK)ney to 
be burnt, the said Richard giving a Receijit therefor, and that 
when the s*^ Ricliard Wibird Esq. shall pay the same unto the said 
[p. 262] Minor, his agent Attorney Heirs Executoi's or Admin- 
istrators take a Receipt for the same and lodge it in the Secretarys 
office. 

Sent up Saturday by Capt. Gilman. 

Voted That Capt. Jenness and Dr. March be a Committee of 
this House to joyn such as shall be appointed by the Honorable 
the Council to get the Repairs necessary to be made this Fall on 
the house that the Governor now hath, that they get them done im- 
mediately, consulting the owners of the House, and that the same 
be allowed out of the Rent for said house, and that the said com 
mittee may be enabled to effect the same, further Voted that so 
much as is necessary therefor of the Bills of public Credit on this 
Province shall be taken out of the Interest of the Twenty live 
thousand Pounds Loan now in the Treasury to be paid by the 
Treasurer unto the said Committee and that what sum shal^be 
drawn out of the Treasury for the purpose afores*^ be replaced in 
the Treasury by the next supply Bill and that the said Committee 
render their account thereof to the Geu^ Assembly. 

[v. 263.] Sent up by Capt. Gilman. 



158 PIIOVIXCE OF NEW-HAMPSHIRE. [1752. 

Ordered That tlie hearing of ]\Ir. Symmes his memorial be on 
the tliird day of the sitting of tlie General Asseml^ly after next 
week, and that all the members attend on the adjournment and 
that tlie absent members be notil^yed thei'eof and required to at 
tend Avithout fail. 

The Secretary came into the House and said he vras ordered by 
his Excellency to adjourn the Gen' Assembly to Monday tlie tAven- 
tyeth Day of NoAember Instant three of the clock in the afternoon 
and accordingly adjourned the same. 

Metnorandiim. After the adjournment made out a Notification 
for Peter Gilman Esq. Mr. Zebulon Gidding and Jeclediah Phil- 
brick, Esq. each of them to appear at the adjournment and sent 
them by Mr. Lovewell, also one for Major Davis and sent it by 
Thomas Millet Esq. also one for Mr. Joseph Thomas and sent it by 
Capt. Gilman, also one for Thomas Bell, Esq. and gave it to Mr. 
Jacob Sheaf for conveyance. Attest 

Matthew' Livermore, Clerk. 



November Monday the 20"' l7o2. 

[r. 264] A few of the members met but not sufficient to make 
a House. The Secretary came into the House and said it Avas Ids 
Excellency's orders to him to adjourn the General Assembly till 
tomorrow morning ten of the clock and accordingly adjoui-nd the 
same. 



Tuesday Nov'' 21^' 1752. 

Anumber of tlie members met, but not the Speaker so as to go 
upon business. 

The Secretary came into the House and said he was directed by 
liis Excellency to adjourn the Gen' Assembly till three of y*" clock in 
the afternoon and accordingly adjourned the same. 

Post Meridiem 

Met according to adjournment 

Capt. Jonathan Chesle brought into the House a nmster Roll 
and made oath to the truth of the same. 

Voted That Coll. Gilman and Mr. Russell be a Committee of 
this House to joyn with such as shall be appointed by the Hon'''"' 
the Council to Examine the muster Rolls that are or may be laid 
before the Gen' Assembly for men that have been employed in the 
Defence of the Province pursuant to votes of the Gen', assembly 
\v. 265] and make Report thereon unto the General Assembly as 
soon as may be. 



1752.] JOUEXAL OF THE HOUSE. 159 

Sent up Wednesday b^ Maj'' Davis. 

The Ilouse adjouvnd by order of tlie Speaker till tomorrow 
mornino: nine o'clock. 



Wednesday Xov-- 22'^ 17 o2. 

Met according to adjournment. 

The vote of yesterday for a Comuiittee to Examine Muster Rolls 
sent up this day by Maj"" Davis. 

The House adjournd till tlirce of the clock in the afternoon by 
order of the Speaker. 

Post Meridiem 

Met according to adjournment. 

Upon reading the memorial of Cajit. William Synimes and it 
being suggested that there had been sundr}- Petitions heretofore 
put into the Governor and Council for Grants of land at a ])lace 
calld Co-os or Cohass namely one by a number of jiersons of New- 
market, one by a Number of persons of Hampton Falls, one by a 
number of persons of Kensington, one by a number of persons of 
Southampton, one by a number of persons of Northampton, & 
one by a number of persons of Hampton, & the House being de- 
sirous to get all the light that possibly they can in order to do 
what is Right and Just relating to the said memorial, 

Voted That Cai)t. Israel Gihnan and John Page Esq. wait upon 
[p. 266.] his Excellency and desire that he will be i)leased to fovor 
the House with a view of the Petitions afores'^ or any other Peti 
tions that have been preferr'd to the Governor and Council by any 
of the Inhabitants of this Province for any lands at the place called 
Coos or Cohass. 

Voted That the further hearing of Capt. AVilliam Symmes his 
memorial be on the morroA\-. 

The House adjournd till tomorrow morning nine o'clock by order 
of the Speaker. 



Thursday Nov^ 23'^ 1752. 

Met according to adjournment. 

Voted That Mr. Si)eaVer and Matthew Livermore be a Commit- 
tee of this House to draw up an act for the admeasurement of 
Boards &c. and lay the sanie before this House as soon as may be. 

The Committee appointed to wait upon his Excellency relating 
to the memorial of Capt. Symmes brought into the House his Ex- 
cellencvs answer thereto, as on file, which was read. 



IGO PROVINCE OF NEW-HAMPSHIRE. [1752.. 

[Copied from MS. Gov"^ Messages, Vol. II. p. 93.] 
Mr. Speaker & 
Gent'^ of the Assemhhj. 

In answer to your Message of the 22'' Instant respecting any Petitions 
from the Inliabitants of this Province for tlie Lauds or Townships at Co- 
hoss or Cohass, I Ijuow of none but what I loolv upon as obsolete & by 
no means interfering with tlie intended grant to be made to the live hun- 
dred men to be raised by Capt. S.\ mes for settling said Tract of land. 

But if any of the luhabitants of this Province are desirous of Joyning 
in tlie Grant, I sliall reserve room for one or more Townships in which 
his Majesty's subjects of New Hampshire shall have an equal chance with 
any of his Majesty's subjects in the neighboring Governments & such In- 
habitants shall be regimented m the same way & manner as the others that 
proceed to settle said lands, & be under their own officers Avhen the men 
appear to my satisfaction, it is a thing I cannot answer to the King my 
master to grant any townships at such a distance as Coos or Cohass, to 
any of liis Majesty's subjects without a sufficient cover, & therefore my 
engagements to Capt. Symes are only conditional, that in case he can 
raise five hundred men to be regimented before Wiey depart from hence, 
& be subject to military discipline, or at the lest, four hundred men, that 
then he shall be certain of a Township for every one hundred men, of six 
miles square & on no other terms. 
Given at Portsmouth, 

23*1 Nov. 1752. B. Wentwoetii. 

The House adjournd till three o'clock afternoon by order of the 

Speaker. 

Post Meridiem. 

[p. 267.] Met according to adjournment. 

Upon reading the memorial of Capt William Symmes and the 
answer in Avriting from his Excellency to the Message of this 
Hovise yesterday, The Question was pnt whether the follow- 
ing Qitestion should be answered prior to any other Question 
relative to the said memorial, Namely, Whether the Inhabi- 
tants of this Province ought not to have the preference of set- 
tlino- the lands mentioned in the memorial aforesaid, before the 
Inhabitants ot his Majesty's other Governments — which passed 
in the affirmative. 

Matthew Liverraore dissents against the above Questions being 
put as worded. Afterwards it was moved that the above Vote 
should be reconsidered, which passd in the affirmative.- 

Then it was moved to have the Question put whether the said 
memorial should be dismissed or not and it pass'd in the Negative. 

For dismissinr/ Against dismissing 

Eleazer Russell," Esq. Matthew Livermore 

Mr. Henry Shcrburn, jun. Kichard Jenness Esq. 

Thos. Millett, Esq. Jedediah Philbrick Esq. 

Mai'' Thos. Davis Mr. John Knight, jun 

Capt. John Wentworth Corn' Thos. Wiggen 

Deacon Joseph Philbrick John Macmurphy Esq. 

Peter Oilman Esq. Clem' March, Esq. 

Mr Zebulon Gidding John Page Esq. 

Mr. Thos. Hale 
Mr. Henry Sandeis 
Mr. John Lovewell. 



1752.] JOURNAL OF THE HOUSE. IGl 

[p. 268.] Then the aftair was debated and after the Debate the 
Question was put wliether there sliould be a vote drawn as wati 
proposed, and it passd in tlie atlirmative. 

The House adjourTid till tomorrow morning- nine of the clock. 



NOTK BY THE KDITOU. 

[The Memorial of dipt. Symmes has not been ibuiKl, but tlic foUowiiii; 
letter of Theodore Atkinson, Esq. to Juhu Thomllusou, Esq. throws much 
light on the atfair]. 

[Copied from '-Book I. ]G31-17ijG," in Sec>' oflice, p. 204.] 

Portsni" Nov. 19"' 1752. 

Sn. Eor many reasons I have long since Left writing y(m any Particu- 
lars of Governm*^ aflairs supposing you was always kept miuuteij- adviseii 
by the Governour, however as we are now again got upon action I would 
tell you that v:e have a new Assemhln that at Frcscnt si'i-m inrlinablc to do 
thr Fuhlic business icith a (jood IndiuatUiu & Temppr (1) which I hope will 
continue. They have rec'd the new members, chose an anccixeptionable 
SpeaAer & have past several Votes which are agreeable to the (iovr & 
Council, as appointing a recorder, Excise officers, a vote for Putting the 
Ballance of the Canada & Louisl)ourg Ace'"* in your hands into some of 
the Publiek Funds & are now upon the Treasurer's ace's .settling all ace'* 
of the Province that we may know whereabouts wc are — as soon as this 
Hurry is over which at Present we are necessarily iuAolved in I suppose 
we shall turn Immediately to make a more complete Defence of our alfairs 
with you al)0Ut fort Dummer &c. You have never advised me of the rcc* 
of the Papers sent you for Mr. Parris' Direction in the case of French v.s 
Morse, those I sent pr Mr. ISolley were Lost at least never came to hand 
tho' I have heard they were saved & in some man's custody there : as soon 
as I heard of this miscarriage I forwarded by the way of Ijiddiford by 
Capt, Sams another set of the Papers & Law book &c. which I got JMr. 
Mark Wentworth to comit to the Master's care to ))e deliverd to his 
owner Mr. Benson to be carefully forward'' you. I know the vessell weut 
safe & therefore am surprised you have not advised me of the rect- of 
them. I suppose the (Jovern»' now writes you at large on the Province af- 
fairs which leaves me only room to hope you irill mis no opportunitu input- 
ting the Canada & Lonishounj raone)j under some improrement, 'tis the onlj 
liemedij to keep tis in any credit. As to the aflair of I'ort Dummer I look 
upon it that all that the most sanguine hei'e Expect is to have the Land 
near s'' Fort assigned to them which our Gov'' & Council have already 
chartered out & chietly to those who claim'd it under the Mass-'' Grants i, 
the Towns in consequence of our Grants are settling Acry fast abouu 
thirty mile above or north of fort Dummer & the Peoi)lc quite easy & sat- 
istied. some few of the Mass" claimers only excepted whose obstinacy 
would not submit to take his Maj'^s Grant from this Governm*. 

We are now upon a Project (which I believe will take clfoct) of settling a 
Tract c,f the finest Land on the Continent, caU'd by y*"' Indians Co-ns, which 
Lyes upon Connecticut river about 90 miles northerly from the Province 
line. We have already inlisted about four hundred Proper men, thej^ arc 
to cut a road to that Place build 2 Garrisons with sufficient accommoda- 
tions for the 400 or 500 men, in this parte of the country they will raise 
Provisions the tirst year for double their number & all their land under 
tillage be in sight of and defended by the Garrisons ; 'tis a great under- 

(1) Underscored in the original letter.— Ed. 
11 



102 PEOVINCE OF NEW-IIAMPSllIRE. [1752. 

takiucc and ;i good one, for I really believe, if wc do not se.Ule it the French 
will lor 'tis the main passage made use of by the Indians from Canada to 
this country, and if we can fix there, which 500 such men as ai-e going (bar- 
ring the particular frowns of rrovideuce) manger all the eflbrts of the In- 
dians — I say if this is once eft'ected there will ])e ever a large stock of Pro- 
vision enough for an army of men to march to Canada which from thence 
may easily be done in three or four days to the very river of Canada, the 
men already Enlisted are well versed in the Indian warrs & are under 
iittle concern for their opjjosition. I mentioned above the French set- 
tling this Tract of Land & why should it be Questioned — 'tis much nearer 
f.ci them than Crown Point, I suppose near half the Distance, less Expense 
-'A'ould do it & when don 'tis the cream of the country, the Intervale land 
on both sides the river for 30 or fift}" miles successively in many places a 
mile wide, where at the first you have little to do but Plow, it ])eing gen- 
•<!rally clear like a salt marsh & but about 40 or ,"jO miles Distance from 
many of our new settlements, that should the French once get footing 
there we should be so far from enlarging our own Borders that it would 
soon be a means of Driving in many of our new settlements. The last of 
these were motives no Doubt that induced the French to settle Crown 
Point, a place maintained at a great Exigence & the Land about it not 
capable of any tolerable Improvement and at a greater Distance from 
both French & English & of consequence Less detrimental to the one & 
more Expensive to the other. The Frojection for our settlaiy is — These 
400 or 500 men is to have a suitable portion of Land, on yc King's quit-rent, 
lyand cut into Townships for them — 2 of which, one on each side the river 
opposite to each other Immediateh' taken into Possession & a regular 
<5arrisou built in each of them, encompassing perhaps 15 or more acres 
of Land, this to be enclosed, with Log-houses at some distance from each 
other, ami the spaces filled up with either Palisades or Square timbers, in 
the middle of the square something of the miture of a Cytidall where the 
i'nblie Buildings & Granarys &c. will be built & to be large enough to con- 
taiu all the Inhabitants, if at an}' time drove from the outer Enclosui'c 
v.'hich is to Ije large enough to contain their cattle .Sic. These fortifica- 
tions are to be built so as to assist each other on every occasion. They 
are to have courts erected & to have Power of Determining all causes 
civil cftwsccS amongst themselves & to be under a stricter military Disci- 
pline tlum commonly our Militia are. These men arc now solliciting 
tlieso Grruits of the Gov"" & Council & have a memorial before the Gen^ u\s- 
aembly aho for some assistance in this undertaking; we are really so much 
j;i debt that I fear they will not obtain any great matters but something I 
Ifclieve will be done tj assist them either in cutting roads to the Place or 
granting a suitable number waiges for some time & as tliey Propose two 
roads, one near Connecticut river from the Towns now Settling above or 
Tiortli of the Province Line & the other directly down to our settlements 
on Merrimack river. y<nii in case we meet vnth any trorible about fort Dum- 
iner it will Discourage this Project intirely, for if after 10 years delibera- 
tion the Massachusetts Grantees that claimed the Land about fort Dum- 
iTM-r & 30 miles above have at last Petitioned this Governm' for the King's 
grunt & have obtained agreeable to his Majestys Insti'uction, if, I say tl.^.ey 
whould meet witli any Discouragement & the King's grant not held to be 
good to y'^' People involved in yc case, (1) no person would go to Coos : If 
«ii the other hand any sum of money should in any way be taken from us 
for support of fort Dummer which never Avas of any service to y Prov. 
we should not have it in the power of the Governm' to assist these new 
settlements. These attairs are matters of such conseipience to this coun- 
try in general that when I begun I could not help Inlarging upon it for 
your Information. & Now jiive me leave to mention something oujc more 

(1) These words in the copy arc interlined, and the writing scarcely legible.— Ed. 



17.-;2.] JOUHNAL OF THE HOUSE. 103 

ill relation to the Canada accounts, only this Tray let nie know neither 
those articles charged by the Treasurer here to me & uientiouod in hi.s 
acc's sent home I think -4 articles for waiices. cloathinj^, great coat.s for 
those men that went to Annapolis Koyal & £100 for Blankets Avere allowed 
at home. 1 possibly may meet with Difliculty with the Assembly here if 
it is not ascertained. Pray also let nie know the Balance of each ollicer 
now in your hands that they may draw on you for the Ballance if any of 
them are in credit with you. I have shown them your ace', but as they 
liave not kept an.v ace' Avhat they have ordered and still ar ; in the Dark, 
all the want is the Exact sum they may draw for. I know there is but 
few if any. i^ therefore can't take up much time only to send a List of y 
names & tlie several ballances annexed. Particularly let me have Lieut. 
Coll. Wentworths i)t Insign llngh Hall Wentworths if the Executor to 
Capt. Rymes Estate does not receive the whole I fear I .vliall l>e bro't ii» 
for the residue being liii bonds" which I long since mentioned to you. 1 
now write to you & cornp* on our Private atlairs to wliich give me leave 
to referr you, & am with tiie greatest esteem. 

Your most obleidgcd Humble serv' 

Indorsed — Tii A. 

■•Copy to Thomlinson about 
Publlck affairs, Coos iS:c. 17.jL'. 
pr Capt. Granger." 

Letter to Capt. Phineas Stephens about Cho-os. 

[Copied from MS. Corr. Vol. II. p. G7.] 

Portsm", March 4" \1'>2. 
Si!. Tills will be forwarded to you by Capt. Symes of Winchester to 
whom his Excellency the Govern'' has given a warr' of which the En- 
dorsed is a copy. This Gentleuian, Capt. Symes, opportunely happeued 
liere while the Govn'" was concerting measures to nnke the attempt of 
settling Cho-os & had(l) Engaged Col. Bianchard in Quest of a suitable 
number of suitable mea for tins undertakeing & it l)eing agreeable to 
(;apt. Symes' views in coming into these parts lie the more readily En- 
gaged in undertaking t.5 make a Tryal of s'' affair. Now S"". wliat occa- 
sions you this Trouble is to acciuaint you that I know it will lie very 
agreeable to his Excellency (if you approve the Schecni) if you will joyn 
Capt. Symes in advice & Endeavours to forward this undertaking, he is 
master of the Governor's Scheme & Intentions & very desirous of your 
l)eing concerned. Tliereforc Avill let you into the whole aflair, to h'm 1 beg 
leave to referr you & am 

'i'our very Hum''''^ Serv' 

P. S. If it suits your Inclination to Engage in this affair & it will be of 
any service to tiie cause or Pleasure to you & you'l let me know by a line 
I'le send such a warr'- as y'-' Enclosed to you. 

[Note. This letter, though without a signature, is evidently in the 
hand-writing of Secretarj' Atkinson. — Ed.] 



Fryday Nov"- 24* 1752. 
Mel acc'orclino; to adjournment. 

Tlie House adjouvnd till three of the clock in the afternoon by 
order of tlie Speaker. 

l\) Tliis word "hMir" is doubtful— it miiy be who, or it may read was Kvgaged by.— Ed. 



1G4 PROVINCE OF NEW-HAMPSHIRE. [1752. 

Post Mevidieiii. 

The Iloiist' {akiiig- under further consideration the niemuriiil of 
Capt. William Synies & a inotion being made that tlie following- 
Question be put namely Whether the said memorial shall lay un- 
til his Majesty's pleasure can be known thereon and he can be ad- 
dressd to obtain his leave in some method to defray the charge of 
defending those settlements therein referred to — which Questioii 
was accordingly put and it pass'd in the affirmative. Jedediah 
rhilbrick Esq, dissents against the above vote. Matthew Liver- 
more dissents against the above vote. 

The House adjourned till tomorrow morning nine o'clock. 



Satiu-day Ni)v'' 2')'=' l7r)2. 

Met according to adjournm'. 

[p. 2G9.] The memorial of Caj)t. Wn\ Hynnnes with the vote 
thereon sent up to the Council by Mr. Lovewell. ' 

The act relating to the Small Pox passd this day a)id sent u}) by 
Capt. Wentworth and Mr. Knight. 

Mr. March dissents to the vote passd last niglit Relating to y*" 
memorial of ('apt. Symmes. Capt Jenness dissents to the afores*^ 
vote. 

The Secretary brought into tlie House the memorial of Capt. 
Symmes with the vote of this House thereon and having men- 
tioned several objections the Council made unto the vote thereon left 
the said memorial and vote for the fm-ther consideration of the 
House. 

The Secretary came into tlie House and said he was directed by 
his Excellency to adjourn the General Assemljly till Monday next 
at twelve of' the clock at Noon and accordingly adjourned the 
same. 



fr. 270.] Monday Nov^ 27"' 1752. 

A number of the House met but not the Si)eaker. The Secre- 
tary came into the House and said he Avas directed by his Excel- 
lency to adjourn the Gen* Assemby till three of the clock in the 
afternoon aiul accordingly adjourned the same. 

Post Meridiem. 

A number of the members met but not the Speaker. The Sec- 
retary came into the House and said he was directed by his Excel- 
lency to adjourn the Gen* Assembly till tomorrow morning and ac- 
cordingly adjourned the same. 



1752] JOURNAL OF THE HOUSE. 165 

Tuesday Nov'' 28*'' 1752. Met according to adjournment. 

The Act relative to the rei)airiDg of highways ])assd to be en- 
acted by the House, and sent up by Mr ]March & Mr Sanders. 

The Secretary came into the House and brought in three Peti- 
tions namely one from Mr. Joslma Pickerin, one from Mrs Mary Avis 
Executrix &:c. and one from Mr. James Hodges(a) and left them 
in the House, — lie also said he was directed by the Council to en- 
quire whether the House had acted anything upon the memorial of 
Ca})t. Symmcs which was recommended by the Council last Satur- 
day. 

Ca) Jour, of C. & Ass. Xov. 28. 1752. A petition issued by Matthew 
Livcrmorc Esq. as attorney to and in behalf of James Hodges of Boston 
marriuer setting forth that ho recovered judgment and had execution 
ag^ one Benj-' Littleton and one Grotster for sundry sums in the said pe- 
tition mentioned and that in virtue thereof the said IJttletou & Grotster 
were couuttcd to Goal and after made their escape, and that he had Bro't 
his actions as the Law Direct Ag«' the Sheriff but fail'd in s'l action the 
Jury declaring the Escape was made thro' the Insulliciency of the Goal 
and Prayed reliett' of the Gen' Assembly therein — read & sent Down by 
Mr. Atkinson — 

Adjourned by order of tlie Speakei" till three of tlie clock after- 
noon. 

Post ^reridiem. 

Met according to adj(tui-nment. 

[f. 271.] Tlie House taking under consideration the vote sent 
to the Council upon the memorial of Capt. Syinmes which vote 
was i)assed last Friday and (ui Saturday last was brought down to 
the House for their further consideration — voted that the said vote 
be Reconsidered. 

The House adjomned till tomorrow morning nine of the clock 
by order of the Speakei'. 



Wednesday Xov"- 29"' 1752. 

Met according to adjournm' 

Mr. Secretary brouglit into the House a ])etition of Coll. Sher- 
burn and others & left s'' Petition with the House, also said he 
Avas directed by the Council to enquire whether the House had 
done anything relating to the memorial of Capt. Symmes. In an 
swer to which Mr. Knight was ordered to Inform the Council that 
the Ilotise had now that aftair itnder consideration, and Mr. Knight 
iiccordingly waited upon the Council and delivered the message. 

The House adjourned for two hours by order of the Speaker. 

Post ]\[eudieni. 
Met according to adjournment. 



n>(» PKOVINCE OF NEW-HAMPSHIRE. [1752. 

Upon Reconsidering the memorial of Ca|)t Wilaam Symmes and 
it apjjearing that it will be of advantage & Benefit Not only to this 
{f. 272.] Government but also to many other of his Majesty's Gov- 
ernments in North America if tlie lands mentioned in the said 
Memorial were settled by his Majesty's subjects and possession 
thereof kept and maintained by them, and whereas in the Act En- 
titled an Act for emitting the sum of twenty-iive thousand Pounds 
in Bills of Credit on this Province equal to so much Proclamation 
money, upon Loan aiul for granting unto his Majesty the Interest 
in the said act mentioned, There is (of the said Interest) the sum 
of one Thousand Pounds for cutting Roads, Employing })]'oper 
persons to search out and take plans of such parts of the Province 
as shall be ordered by the (General Assembly, which smn hath not 
been improved and applyed as yet for the ends and ])urposes afore- 
said — Therefore Voted That so much of tlie said sum of one 
Thousand Pounds part of said Interest as shall be necessary there- 
for l)e improved and employed to and for the cutting of Roads cfc 
Building of Bridges to and from said Coos, Namely from Number 
Four so called on Connecticut River to s*^ place called Coos, and 
from said Coos to Canterbury in s'' Pi'ovince, if it shall ajjpear to 
be best and mo.st beneficial to cut said Road from said Coos to 
{y. 273.] Canterbury afores'', otherwise in the best i)lace that can 
be found to come to the nearest convenient lamling in the way 
from s*^ Coos to Portsmouth in s*^ Province as shall be agreed upon 
by the Committee that shall be agreed upon and appointed by the 
three Branches of the General Assembly for that purpose, and 
that the Person or Persons with whom the said Committee shall 
agree to cut tlie said Roads and V)uild the said Bridges shall not 
be entitled to receive or have any pay or satisfaction for any thing 
they shall do in cutting said Roads or building said Bridges in any 
place beyond Canterbury aforesaid miless there shall be grants ob- 
tained by the said William Symmes for himself and associates or 
by any others for four Townships (of six miles square or equal 
thereto each) for four hundred men at said place call'd Coos and 
that there be four hundred effective men (at least) at said Coos by 
the last day of May next in a suitable posture for sitting down 
there in order for making a settlement in said place and cultivating 
& imjiroving the said lands. And that Richard Jenness Esq and 
Mr. .Jonathan Lovewell be a Committee of this House to joyn such 
us shall be appointed by the Hon''''-' the Council to effect the Busi- 
[i'. 274] ness aforesaid in the best manner they can ; and further 
Voted, That the said committee be and hereby are imjjowered' to 
draw out of the Treasury so much of the said one thousand 
Pounds Interest of said Loan as shall be necessary to pay and sat- 
isfy for the ways that shall be cut and the Bridges that shall be 
built in consequence of and agreeable to this vote, and that the 
said Committee make Report to the General Assembly from time 
to time of Avhat they shall do relating to the premises and render 



1752.] JOUENAL OF THE HOUSE. 167 

an aocoimt of what moneys they shall <lra\s' out of the Treasury 
for tlie business afores'' to the General Assembly from time to time. 
The House adjourn'd till to-mori'ow inornins; nine o'clock by or 
(ler of tlie Speaker. 



Thursday Nov"" y^' 30"' 1752. 

Met accordini^to adjournm' 

Voted That Mr. Speaker, Mr. Ilemy Sherburu jun'' & Matthew 
Livermore be a Committee of tliis House to joyn such as shall be 
appointed by the Honorable Council to consult what is further 
necessary to be done relatini^ to the money f^ranted by the Parlia- 
ment of Great Britain for lieimbursino: to this Pi-ovince jiait of the 
Expense which this Province was at in takinijand su])portino; Cape 
[v. 27o.] Britton and make Report of tlieir d(iin<>s thereon unto 
the Gen" Assembly as soon as may be. 

Sent up by Mr. Sanders. 

The Memorial of Symmes and vote of this House ])a.st yen- 
terday relating thereto sent u[) this day ]>y ^fr. Sanders, (a) 

(a) Journ. C. & Assem. Nov. 30, 17.52 Mr. Sanders trom the House 
bro't up the memorial of Capt. Wm. Symcs as Entered the first Instant 
with vote of the House thereon of the 21"' Instant, wliieh was sent back 
by the Council on the said Day rc(;ommendinir a reconsideration, &c with 
the vote on said memorial for j^rantini; so nuich of the Interest of the 
£25000 Loan as may be sulliriLMit for cutlin;; a road from No. 4 to Co-os, 
& from tlieuce to Canterl)ur.v, and for eiioosin,i>; a committee to arranjjje 
that attair. 

The Petition of Henry Sherburn Es({. read and voted that the 
Petitioner have liberty to brin_i»; in a general [/>^7/] all relating to 
Proprietors. Sent up by Capt. Wentworth. 

The Secretary brought into the House a copy cd" the letter sent 
Mr. Thondinson l)y the Committee appointed for that i)urpose and 
left the s*^ Copy with the House. The House adjourned till three 
of the clock in the afteriU)on by order of the Sjjeaker, 

Post Meridiem. 

Met according to adjournment. 

Deacon Joseph Philbrick one of the Kej)resentatives for the 
Town of Hampton suggests that the s*^ Town have the Pri\ilige of 
sending two members to set in General Assembly, That at the last 
election of members to sit in Gen' Assembly they made choice of 
two persons, namely Pichard Waldron Esq. and the s'' Joseph- 
Philbrick to rei)resent them in Gen' Assembly, one of whom, viz, 
the s'' Richard Waldron Esq. hath not attended in Gen' Assembly, 
therefore he moves that tl)e s'' Ricliard Waldron Esq. be scut to 
by the House to know whether he will attend in Gen' Assembly 
[p. 27G.] as one of the Representatives of Hampton or not. 



168 PROVINCE OF NEW-IIAMPSHIRE. [1753. 

Voted That the above luotiou lay for further consideration. 

Mr. Zebiilou Giddinge de.sires his dissent may be entered 
against the vote tliis day sent up to the Council relating to the 
mo'rial of Capt. Symmes. Major Davis desires the same. Capt. 
John Wentworth desires the same. 

The House adjourn'd till to-morrow morning nine o'clock by 
order of the Speakei*. 



Fryday Dec' y*^ 1^' 1752. 

Met according to adjournment 

Voted That Mr Sjx'aker, Riclmrd Jenness Esq. and Mr. Henry 
Sherbiirn Jun'' be a Committee of this House to ioyn with sireh as 
shall be appointed by the Honorable the Council to look out for a 
suitable ])lace in the Town of Portsmouth to build a State House 
upon and draw tt prepare a suitable ])lan thereof and make Report 
oi their doings thereon to the General Assemblv as soon as may 
be. 

Sent up by Capt. Gilman. 

Coll. Smith brought into the House from the Council the Act 
for the better re})airing of Higli ways, with the Council's vote 
theieon of concurrence, Avith the following alteration viz. Dele, in 
the 11"^ 12"' and 13"' lines from the top of the second Page these 
words, viz. During the time of their sitting in the Genei'al As 
senibly — whicli vote of Council was read in the House and voted a 
concurrence and the said words in the said Act were blotted out. 
The House adjournd till three of the clock in the afternoon by 
order of the Speaker. 

[p. 277.] Post Meridiem. 

Met according to adjournment. 

The Act for the better re])airing of High ways and the vote of 
concurrence of this House for a'.i amendment sent u}) this after- 
i!oon by John Page, Esq. 

Voted That EJeazer Russell, Esq. tt Ca]>t. Israel Gilman be a 
Committee of this House to joyn such as shall be appointed by the 
Honourable the Council to examine and Encjuire into the State and 
circumstances of the Prison and what part of the Intei'est of the 
twenty live thousand Pounds Loan ajjpropriated to and tor the Re- 
pairing of the Prison hath been used and applied to that use, also 
to consider what is necessar}" and proper now to be done as to the 
further Reparation of the Prison, and make Report thereon to the 
Gen' Assemblv as soon as may be. 

Sent up by Mr. Sanders. 

Wm. Parker Esq. bro't into tlie House a memorial concerning a 
work house &c. which was read. 

Upon the Reading the Petition of Joshua Pickerin, (a) Voted 



1752.] JOURNAL OF THE HOUSE. 1G9 

that the Petitioner be heard on his Petition on the tliirtl day of the 
sitting of the General Assembly next after tlie first day of January 
ne.Yt (if he see cause) and that he at liis own cost serve the adverse 
[p. 278.] ])arty with a copy of the Petition and of the votes 
thereon, tliat he may shew cause if any lie have wliy the Prayer of 
the Petition sliould not be granted. 

(a) Jourii. C.'& Ass"\ Nov. 1, 1752. The Petition of Joshua Pickering for 
releitf in an affair of au Exi^cution g^ranted as^ainst him from liis Maj'>'* 
Superior Court whicli was founded upou a judgment of s'' court in favour 
of Matthias Towle and to rectii'y a mistake in the said judgment read. 

The House adjourned till tomorrow morning nine o'clock l)y or 
der of the Sj^eaker. 



Saturday Dec^ 2*^ 1 752. 

Met according to adjournment. 

Mr. Pickerin's petition with the vote of tlie House pass'd tliere- 
on yesterday sent up this day by Mr. Kniglit. 

Capt. James Cam])l)ell l)i'ought a Muster Itoll into the House 
which Avas read and l)y liim sworn to in the House. 

Order'd that Thos. Millet, Esq. Deacon Joseph Philbrick, Peter 
Oilman, Esq. Mr. Zebidon Gidding, Thos. Bell, Esq. Mr. Thos. 
Wiggen and Mr. Joseph Thomas, now absent, be notil'yed to aj)- 
pear and attend on Monday next in the Gen' Assembly, and fur- 
ther 

Order'd That all the members attend on ^[onday next in (xcn' 
Assembly. 

Memorandum — made out a Notification lo eacli of the s'' nuMu- 
bei'sand Mr. Speaker took y'" for Mr. Philbrick. Esip Philbrick for 
Coll. Gilman Mr. Gidding and Mr. Wiggen, ^laj'" Davis for Ca])t. 
Millet and Mr. Thomas. " 

The Secretary came iiit<} tlie Hoitse and said he was directed by 
his Excellency to adjourn the Gen' Assembly till ]Monday next ten 
o'clock in the forenoon, and accordingly adjourned the same. 



J^[onday Dec'- 4"' 1752. 
A few of tlie members met but not sufficient to make a House, 
[p. 279.] The Secretary came into the House and said he was di- 
rected by his Excellency to adjourn the Gen' Assembly till three 
of the clock in the afternoon and accordingly adjourned tiie same. 

Post ]\[eridiem. 
Tlie Houc-e met according to adjournment. 

The House adjourned till tomorrow morning nine of the clock 
by order of the Speaker. 



^'^0 PliOVINCE OF NEW-IIAMrSIIIRE. [1753. 

Tuesday Dcc"^ a"' 1752. 

The motion of Denc-ou Joseph Piiilbiick as eiiterd y"' 30"' of Nov' 
last being considered the question was ])ut whether liich'^ Waldron 
Escf should be sent unto by this House to know whether lie will 
attend in Gen' Assembly as one of the Iteprcsentatives of Hamp- 
ton or Not, — and it jiassed in the Neijative. The following ques- 
tion was put, viz. Wlicther Ivichard Waldron Esq. should be oalld 
over in the calling over of the House and it passd in the Negative. 

The House adjournd till three of the clock in the afternoon by 
oi'der of the S]ieaker. 

Post Meridiem. 
Met according to adjournment. 

The House adjourned till to morrow morning nine of the clock 
by order of the Speaker. 



Wednesday Dec-" 6"' 1752. 

Met according to adjournment. 

[i*. 280.] The Secretary came into the House and said he was 
directed by his Excellency to adjourn the Gen'- Assembly till Tues- 
day the ninth day of January next at ten of the clock in the fore 
noon and accordingly adjourned the same. 



Tuesday January 9"' 1753. 
A few of the members met but not sufiicient to make a House. 
The Secretary came into the House and said he was directed by 
his Excellency to adjourn the Gen' Assembly till three of the clock 
in the afternoon and accordingly adjourned the same. 

Post Meridiem. 
A number of the members met but not a sufficient Number to 
make a House. The Secretary came into the House and said he 
was directed by his Excellency to adjourn the Gen' Assembly till 
tomori'ow morning ten of the clock and accordingly adjourned the 
same. 



AVednesday January 10"' 1753. 
A number of the members met, but not sufficient to make a 
bouse. The Secretary came into the House and said he was di- 
rected by his Excellency to adjourn the Gen' Assembly till three 
of the clock in tne afternoon and accordingly adjourned the same. 



]7r,3.] .JOURNAL OF THE IIOUSP:. 171 

Post Meridierii. 

The House met according to adjournment. 

The House adjourned by order of the Speaker till tomorrnw 
mornino' uine o'clock. 



[i». 281.] Thursday Jaiuiary 11"' IToo. 

Met accoi'ding to adjourumeut. 

The House adjourned by order of the Speaker till three of th« 
clock in the afternoon. 

l*ost Meridiem. 

Met according to adjournment. 

The Hon'''* Meshech Weare Esq"" Speaker of the House being 
absent on Business of Importance The House made choice of Kich- 
ard Jenness Esq'' as Speaker j)ro tempore. 

Mr. Secretaiy Atkinson brought down the Petition of John 
Pickerin against Matthias Towle, and then by order of the S})cak- 
er the House adjourned till tomorrow morning nine o'clock. 



Fryday January y" 12"' 17');^ 

The House met according to adjournment. 

A message being sent up to the Council in (he forenoon to 
en(piire what was done relating to sundry votes of this House and 
accts. heretofore sent up to the Council — The Secretary delivered 
to one of the House, after the House was adjourned I'or the fore- 
[i". 282.] noon, a menu:)randnm containing how these affaires now 
stand — as on file. 

A petition of Mr. Humphry Scammon was bro't into the House 
and read. 

The House adjourned till to morrow morning uine o'clock by 
order of the Speaker. 



Saturday Jan^ 13"' 1753. 

Met according to adjournment. 

The petition of Mr. John Pickerin this day brought into the 
House by the Secretary was read, and voted That the Petitioner 
be heard on said petition the third day of tlie sitting of the Gen- 
eral Assenil)ly next after the twenty second day of Jauuaiy cur- 
rent, and that the petitioner at his own cost serve the adverse par- 
ty ]\Iatthias Towle with a copy of the Petition and of the votes 
tiiereon that he may shew cause if any he hath why the Prayer of 
the Petition should not be granted. 

Sent up by Capt. Bell. 



ii-i PKOVINCE OF XEW-UAMP^IIIKE. [1753. 

Whei-eas there hath l)een no settled nllowance for the Treasurer 
of this Province since the year 1749, Therefore Voted that the 
Treasurer of said Pi'ovince for the time being be alh)Aved for his 
service as Treasurer sixty Pounds in Bills of Credit of the Ncav 
Tenor, ])r. Annum for six years coinmencing "with the year 1750, 
[p. 283.] Avliich is to be in full for his service as Treasurer. 

Sent up by Capt. Bell. 

The Secretary came into the House and said he was directed by 
his Excellency to adjourn the General Assembly till Monday next 
at twelve of the clock at noon and accordingly adjourned the 
same. 



jMonday Januaiy l.j"' 17o3. 

A number of the members being come in, but not the Sjjeaker, 
the Secretary came into the house about one of the clock P. M. 
and adjourned the General Assembly till three of the clock in the 
afternoon. 

Post Meridiem. 

Met [and adjourned from day to day, without any business, till] 

[i>. 284.] Frychiy Jan>' 10'" 1753. 

Met according to adjournment. 

Mr. Humphry Scannnon being called into the House and his 
Petition as on hie being Read, he made oath that at tlie time his 
house was burnt he had to the best of his knowledge the sum of 
tliree hundred pounds old Tenor in Bills of Credit on the Province 
of New Hani])"' burnt in one Bundle, and that to the best of his 
knowledge another bundle of more than fifteen hundred Pounds 
old Tenor in Bills of Credit were then burnt )>ut liow much of this 
Province he cannot say. 

Adjoui-ned till ihree of the clock in tlio afternoon. 

Post ]Meridiem. 

The House met according to adjoin-nment. 

The House adjourned till to-morrow morning 9 o'clock by order 
of tlie Speaker. 



[i'. 285.] Saturday Jan-^' 20"^ 1753. 

Met according to adjournment. 

The House taking under consideration the Petition of Mr. 
Humphry Scammon and the evidence produced in support and 
niainteinmce of the facts therein suggested, 



1753.] JOURNAL OF THE HOUSE. ] 7-'> 

Voted, That he be paid the sum of one liundied and fifty Pou)ids 
new Tenor Bills of public Credit on this Province now in the 
Treasury to be burnt to ashes (so much of the Bills of Credit on 
this Province beincf burnt in the house of the said Scammon,) and 
that the said sum be accounted and Reckoned as so much and 
part of what shall now be l)urnt and that the Committee for Re- 
ceiving the money now to be burnt i)ay the same unto him the said 
Scammon or to his order and take a Receipt for tlie same and 
Lodge it in the Secretarys office. [Concurrd by the council.] 

The Secretary came into the House and said he v\'as directed bv 
his Excellency to adjourn the General Assembly till Monday next 
at twelve o'clock at Noon and according!}' adjourned the same. 



Monday January 2'2'^ I7")3. 

A few of ihe members met but not sufficient to make a house, 
nor the Sperker, the Secretary came into the House and said he 
was directed by his P^xcellency to adjourn the Gen' Assembly till 
three of the clock in the afterno')ii and accordingly adjourned Vnv 
same. 

[i-. 286.] Post Meridiem (a) 

(a) His Excellency laid before the Board a mandamus from the Lords 
Justices requirini; him to admit & swear Daniel Warner (1) Esq. as one 
of his Majestys Council for tliis Troviuce whicli oaths Avero administered 
in Council and the said Warner took his phice accordin.irly. 

His Excellenc}^ also laid before the Council Sundry Paragraphs out of 
the 14'i', 21, 'd'2'^ &, 4(; Instructions and ordered the same to be Entered in 
the Council Book. 

Met [and adjourned, from day to day, -without business, till] 

Wednesday, January 24"' IT.j^J. 

The petition of IVIr. Humphrey Scammon and vote tliereon in 
the House the 20"' Inst, sent up this day l)y Mr. Knight. 

The House adjourne<l till three o'clock in y*^ afternoon, by order 
of the Speaker. 

Post Meridiem 

Met according to adjournment 

Voted, That the following message be sent to his Excellency the 
Governor. 

Ifwj it please, yejur Excellenry, 

Whereas a vote has pass'd in this House relatini? to the Excise upon 
[p. 287.] Liquors within this Province, with which the Secretary has in- 

(1) Hon. Daniel Warner was of Portsmouth. He died in 1778.— Ed. 



174 rilOVINCE OF NEW-HAMPSHIRE. [1753. 

torrapd this House the Council has coucurred and Avhich now lyes for j-our 
Excellency's assent, and as it is of great Importance to this Government 
that the Excise now due upon Liquors be speedily collected, the House 
prays your Excellency to i>ive 3-our assent unto the said vote. 

Sent uj) by Mr. Ma(;inurpliy. 

A muster Itoll of Capt. Jonatliaii Snow bro't into tlie House by 
Mr. Jona. Lovewell. 

Tlie House adjournd till tomorrow morning- nine oftlie clock by 
order of the Speaker. 



Thursday Jan-^' 2.j"> 17o3. 

Met accordiii!4' to adjournment [and adjourned from day to day, 
without business, till] 

[p. 288.] Tuesday, January oO"^ 1753. 

A sufticient number of the members met to nuxke a house, but 
the Speaker beini^ absent tlie House ])roceeded to the choice of a 
Speaker pro tempore, and made choice of Richard Jeuness Esq. 
for Speaker, pro temjjore (in order to ])roeeed upon business) who 
took the Chair. 

Mr. Knio-ht was sent up to enquire \\hethe]- the Governor liad 
assented to the vote relating" to the Excise, who returned aud re- 
[f. 289.] ])ortGd that the Secretary said the Governor liad not as- 
sented to it biit now had it under consideration. 

Mr. Joshua Pickerin bringing- into the House his ]»etitio)i and 
the orders thereon and signifying that the liespond' in said peti- 
tion was not duly notified of the time appointed for the He.iring 
thereof and praying that a further day may be appointed for that 
end, 

Therefore Voted that the Petitioner be heard on tiie said peti- 
tion on the third day of the General Assembly next after the 
t\\'entyeth day of February next and that the Petitioner at his 
own cost serve the adverse party with a coj)}' of the said Petition 
and of the votes thereon by delivering the same at the usual ])lace 
of his abode at least ten days before the day of hearing, that he 
may shew cause, if any he have why the prayer ot the ]jetition 
sliould not be granted. 

Sent up by J. Phil brick, Esq. 

The House adjourned till three of the clock in the ;tfteruoou by 
order of tlie Speaker. 

Post Meridiem. 

Met according to adjournment. 

The House adjourn'd till tomoi'row morning nine (/clock })y or 
der of the Speaker. 



175:5.] JOURNAL OF THE HOUSE. 175 

[r. 290.] Wednesday Januaiy .'iU* iToo. 

Met accordin<ij to adjouviiment. 

Whereas it appears necessaiy that there should be a new Pro- 
portion made in each Town Parisli and Di.strict within this Prov- 
ince in order to an equal Payment of the Province Taxes — There- 
tore Voted tliat tlie Select men (or the major part of them) of each 
Town Parish or District within tliis Province at the charge of such 
Town Parish or District Pespeclively, shall take an e.xact invoice of 
all Kateable male Polls & llateable Estates within their respective 
Towns Parishes and Districts in the month of March next in the man- 
Tier following, namely, of all Rateable male Polls Irom sixteen years 
old and upwards, of all Indian Xegro and Molatto Slaves and ser 
vants (male and female) a\)0ve sixteen years of age, of tlie number 
of Dwelling Houses, of all Improved lands, jiamely arable, orchard, 
meadow and pasture land (Pasture land so much as Avill keep one 
cow to be reckoned four acres,) of the number of acres of each sorl 
& kind, of all Horses and mares above foiu- years old, of all colts 
of three years old, two years old and one year old, the number of 
each, of all oxen four years old and upwanls. of all cows four yeai's 
old and upwards, of all young cattle namely thi-ee years old, two 
[p. 291.] years old and yearlings, and of all mills, and of the yearlv 
lient thereof in the Judgem' of the s'' Select men, yearly Iie])air.< 
being deducted, and that the Selectmen of each Town Parish and 
District afores'^ mtike liei)ort of their doings niuler oath (such oatli 
to be administered by any Justice of the Peace Avithin this Pro\- 
ince) to the Clerk of the House of Ilepresentatives for s'^ Pro\ - 
ince, by tlie tenth day of April next, and that the Secretary send a 
copy of this vote (when completed) unto the select men of each 
To\vn l*arish and District within this Province at the charge of 
the Province. 

Sent up by Mr AVi<;gin. 

The House adjourneil till tlnve o'clock in the afternoon bv <>r 
der of the Speakei-. 

Post Meridiem. 

Met according to adjournment. 

Sam])SOTi Sheaf Es(|. brought from the Cijuncii the Petition of 
James Stoodly, jun,(^a) -.t Nath' D(.)e. 

(a) Jour, of C. & Ass. ,);xii. .'U, 17r>;i. The petition of James Stoodlev. 
juu. for himself aud I'artnf'rs prayinii; a further cousidoration from a Loss 
sustained in the afi'air of the Sloop Spoedvvoll hired by this Goverument 
to go to France with French Prisoners &c. read & ordered to t)c sent 
Down to the House. 

Whereas there are sundry Persons inhabiting within the I'rov- 
iru'.e of New Hampshire upon a tract of land within said Province 
call'd and known by the name of Souhegan west, the major ])art 
of which lyes within no Township, Contoocook so call'd that lyes 
within no Townshij), j)art of Pennycook so call'd and part of 



170 TKOVINCE OF NEW-HAMPSHIRE. [1753. 

Suiicook so call'd tliiit lye v,U])iii no Township witliin tr.is Prov- 
ince, so as tliev or their Estates can by Law be taxed towards the 
supportino- and defraying: the cliaro^es of this Province, and who 
are in such circumstances as that tliey onght to lielp maintain and 
[p. 292.] support the Provincial charges — therefore Voted that 
part of Souhegan west not within any township be one District, 
Contoocook, That part of Pennycook and that part of Sun- 
cook not lying within any Townshi]) be one District, and that 
an act be drawn up tf) oblige them to pay their Proportion 
of the Pi-ovince Tax and to enable them to raise the same, 
and that John Macuiui-phy Esq. and Mr. Jonathan Lovewell be a 
Committee of tlii:^ House to joyn such as shall be a})pointed by the 
Honorable the Council to draw up an act accordingly. 

The House adjourned till tomorrow morning nine o'clock by 
order of the S]>eaker. 



Thursday Feb^' 1"*- 1753. 

Met according to adjournment. 

The petition of James Stoodly jun. & Natli^ Doe being read or- 
dered that it lay for consideration. 

The vote pass'd yesterday relating to making a District Act sent 
up this day by Mr. Thomas. 

Mr. Secretary brought into the House the vote of this House 
sent uv) yesterday relating to a new Proportion, and said the 
Council ma<le two ol>jeci;ions to it, n.amely, one that the Return 
ought not to be made by the selectmen unto the Clerk of this 
House, but into the Secretary's office, or that there should be a du- 
[p. 293.] plicate thereof, also that the vote did not mention what 
places were to be sent unto which he said ought to be made cer 
tain in the vote, and left the vote with the House for their Recon- 
sideration. 

The House adjourn'd till three of the clock in the afternoon by 
order of the Speaker. 

Post ^leridiem. 

Met according to adjournment. 

The Secretary hi the forenoon brought into the House tlie vote 
relating to the Excise and said his Excellency could not see his 
way clear, so as to assent thereunto in the whole but that the Com- 
mittee might proceed to draw up an act for the gathering and col- 
lecting the Excise now due. 

The House ujton reconsidering their vote sent up yesterday re- 
lating to a new Pro))ortion and this day brought back again by the 
Secretary into the House for their Reconsideration, Adhere to the 
said vote. Excepting that the Selectmen make their Report into 
the Secretarys office and not unto the Clerk of the House of Rep- 
resentatives,' Excepting also that the Secretary send to the places 



1753.] JOURXAL OF THE HOUSE. 177 

hereafter mentioned, namely, To Portsmoutli, Greenland, Hampton, 
Hampton Falls, North Hampton, Kensington, Southampton, Do- 
ver, Summersworth, Durham, Newington, Exeter, Nevv"niarket, 
Epping, Brintwood, Kingston, Kingston East Parish, London- 
derry, Wendham, Stretham, New Castle, live, Dunstable, Chester, 
[p. 294.] Rochester, Nottingham West, Litehtield, Nottingham, 
Harrington, Gosport, Salem, Pelham, Newtown, Plaistow, Ilamp 
stead, Hollis, Merrimack, Monson, Bedford, Bow, Canterbury ct 
Derryiield. [ConcuiTd by Council.] 

The Plouse adjournd till tomorrow morning nine o'clock by 
order of the Speaker. 

Fryday February 2*^ 17 ')3. 

Met according to adjournment 

The vote })ass'd yesterda}^ for Reconsidering the vote for a New 
Proportion sent up this day by Deacon Joseph Philbrick. 

The House adjouru'd till three of the clock in the afternoon by 
order of tlie Speaker. 

Post Meridiem. 

IVEet according to adjournment 

The House a<ljourned for the space of half an hour by order of 
the Sjjeaker. 

The House met according to adjournment. 

The Secretary brought into the House the Petition of Alexander 
Park and others which was read and Voted, That the Petitioners 
be heard on their Petition on the third day of the sitting of the 
General Assembly next after tlnr tenth day of February Instant 
and tliat the Petitioners at their own cost serve James Dunlap, 
Hugh Brown and Joseph Clyde, Selectmen of the Parish of Wend- 
ham for the year 1751 with a copy of the said Petition and of the 
<irder thereon to appear and shew cause, if any they liave, why 
[p. 295.] the prayer of the Petition should not be granted. *" 

The House adjourned till tomorrow morning nine of the clock 
by order of tlie Speaker. 



Saturday Feb. 3'\ 1753. 

Met according to adjournment. 

The Petition of Alexander Park and others ])ass'd yesterday 
sent up this day by John Macmurphy Esq. 

The Act for Reviving the Act more effectually to ]>revent pro- 
fane cursing and swearing being read a third time Voted That it 
})ass to be enacted, — and sent up by Mr. Thomas. 

The Secretary came into the House and said he Avas directed by 
his Excellency to adjourn the General Assembly till Monday next 
ten of the clock in the forenooii, and accordingly adjourned the 
same. 

]2 



178 niOVINCE OF NEW-HAMPSHIRE. [1753^ 

Monday February y" 5"' 1753. 
A few of tlie members met but not sufficient to make a House & 
there being no Speaker come tlie Secretary came into the House 
and said he was directed by his Excellency to adjourn the General 
Assembly till three of the clock in the afternoon and accordingly 
adjourned the same. 

Post Meridiem. 
A few of the members met but not sufficient to make a Iiouse 
and there being no Speaker come the Secretary came into the 
House and said he was directed by his Excellency to adjourn the 
General Assembly till tomorrow morning ten o'clock and accord- 
ingly adjourned the same. 



Iv. 296.] Tuesday February 6"> 1753. 

Met according to adjournment. 

The House adjourned till three of the clock in the afternoon by 
order of the Speaker. 

Post Meridiem. 

Met according to adjournment. 

Whereas Richard Waldron Esq. hath been returned by the Se- 
lectmen of Hampton as one of the members elected to Represent 
the said Town in the jiresent General Assembly, and whereas the 
said Richard Waldron Esq. hath signified to this House in writing 
under his hand, that he renounces his Right to a seat in the pres- 
ent General Assembly — Therefore Voted that a Writ issue from 
the Speaker of this House to the Sheritf of the Province of New 
Hampsliire requiring him immediately to send his Precept to the 
Select men of Hampton afores'^ requiring them to cause the free- 
holders of s'^ Town qualifyed by Law to assemble at such time and 
])Iace as they shall appoint to represent them in y'^ Geiieral Assem- 
bly the fourteenth day of February Iiist. at ten of the clock in the 
forenoon (in the room of s"^ Richard Waldron Esq.) if the General 
Assembly be then sitting, and if not then sitting, on the second 
day of its sitting afterwards and so Die in Diem during its sessions. 

The Hoiise then adjournd till tomorrow morning nine o'clock 
by order of the Speaker. 



Wednesday Feb. 7"> 1753. 

The House met according to adjournment 

This day a writ issued from the Speaker to the Sherift' of this 
Province for the choice of a Representative for the ToAvn of 
Hampton in the Room of Richard Waldron Esq. Avho hath re- 
j>. 297.] nounced his Right to a seat in the House. 



1753.] JOURNAL OF THE HOUSE. 179 

Tlie House adjounid till 3 odook in the atternoon by order of 
tlie Speaker. 

Post Meridiem. 

The House adjournd till toinori'ow morning nine o'clock by or- 
der of the Speaker. 



Thursday February 8"» 1753. 
Met accordinor to adjournment. 

The House adjournd till three of the clock in the afternoon by 
order of the Speaker. 

Post Meridiem 

Met according- to adjournment 

The Speaker being absent on the business of the Government 
the House made choice of Richard Jenness Esq. for their Speaker 
pro tempore who accordingly took the chair. 

The House adjournd till tomorroAv morning nine of the clock by 
order of the Speaker. 



Fryday, Febr^- 9"^ 1753. 
Met according to adjournment. 

The House adjournd till three of the clock in the afternoon by 
order of the Speaker. 

Post Meridiem 

Met according to adjournment. 

Voted That if any member of the Council or the House of Rep- 
resentatiyes purchase of the Canaihi stores to tlie yalue of seyenty- 
fiye Pounds new Tenor or under, he shall not be oblig'd to pay the 
money down but it shall be sulticient to giye his note for what he 
[r. 298.] ])urchases to the yendue master for the use of the Gov 
ernmertt payable on demand. Sent up by Capt. Gilman. 

The House adjournd till to-morrow morning nine o'clock by or 
der of the Speaker. 



Saturday February y" 10"' 1753. 

Met according to adjom-nment. 

The act for appointing, collectors to collect the Excise on sev- 
eral liquors having been read in the House three times, Voted that 
it pass to be enacted, and sent up by Esquire Philbrick and Es- 
quire March. 

The Secretary came into the House and said he was directed by 
his Excellency to adjourn the General Assembly till Monday next 
ten of the clock in the forenoon and accordingly adjourn'd the 
same. 



180 PROVINCE OF NP:W-IIAMPSHIRE. [1753. 

Monday February y'' 12"' 1753 
A fevv^ of tlie members met but not a House nor the S])eaker. 
The Secretary came into the House and said he was directed by 
his Excellency to adjourn the Gen^ Assembly till three of the clock 
in the afternoon and accordingly adjournd the same. 

Post Meridiein. 
Met [and adjournd from time to time till] 

[r. 299.] Wednesday February y'^ U"' 1753. 

The Sheriff brought into the House the Precept for the choice 
of a Representative for Hampton witli his Return thereon, that 
tliey had made choice of Mr. Jonathan Tuck. 

Ordered That a message go to liis Excellency and acquaint him 
that there is a member returnd for Hamjiton in the Room of Rich- 
ard Waldron Esq. who hath Resigned his seat in tliis House, and 
desire his Excellency that he may be qualifyed. Matthew Liver- 
more and Ml". Henry Sherburn were sent to deliver tlie above mes- 
sage, who returned and said they had deli^^erd the same to the 
Council, his Excellency not being at the Council Board. 

The House adjounul till thice of the clock in the afternoon by 
oi'der of the Si)eaker. 

Post Meridiem. 

Met according to adjournment. 

The Secretary came into the House and in ar.swer to the mes- 
sage sent to his Excellency in the forenoon relating to the member 
returnd for Hampton said it was a thing that was new and that he 
<lesired to see the Precept that went out from the House with the 
[p. 300.] Return thereon and in a day or two he would give his 
answer. 

The Secretary also brouglit into the House an answer to the Pe- 
tition of Alexander Park and others and said that the original Pe- 
tition was lett Avith the Governor at Little Harbour, that a copy of 
the s*^ Petition might be had and that the House might proceed upon 
the copy, otherwise that it might l)e put off till tomorrow that the 
original may V)e had. 

Upon the motion of Mr. Sam' Morri.-on that the hearing of the 
Petition of Alexander Park and others be i)ut off untill tomorrow, 
ordered that it be put off untill tomorrow. 

In answer to his Excellencys message by Mr. Secretary this af- 
ternoon desiring to see the Precept that went out to Hampton for 
the choice of a member in the. Room of Richard Waldron, Esq. 
and the Return thereon, Orderd That the Precept and Return 
thereon be sent to his Excellency Avith a message praying that his 
Excellency Avould be pleased to order the member returned to be 
<]ualifyed and informing him that the House cannot at present see 
their way clear to proceed upon any Business till the said member 
be qualifyed. 



1753.] JOURNAL OF THE HOUSE. 181 

Sent up by Mr. Sherburne and Esquire Philbrick. 
The House adjounid till tomorrow morning nine o'clock by or- 
der of y* Speaker. 



[i>. 301.] Thursday Feb-^ 15"' 1753. 

Met according to adjournment. 

The Petition of Alexander Park &c. bro't into tlie House by the 
Secretary. The House adjournd till three of the clock in the af- 
ternoon by order of the Speaker. 

Post Meridiem. 

The House met according to adjournm'. 

The Secretary brought into the House a written message from 
his Excellency and left it — lie also brought in the Precept issued 
by the House for the choice of a member for Hampton sent yester- 
day to his Excollencv bv Mr. Sherburu aiul Esq"" Philbi-ick and left 
it.' 

His Excellencys 3Iessa(/e, 

[Copiod from MS. Gov"' messages Vol. II. p. 07.] 

3fr. SpcnJcrr d- 

Cfpntlemen <>f the Af<f<emhlif 

Yesterday in Council the Secretary laid before me the substance of 
your message desiring that I would give orders for the qualifying a new 
member, & iu the afteruoon of the same day Mr. Slierburu ancl Mr. Phil- 
brick delivered me from the House the authority by which the said mem- 
ber was elected. As the manner of introducing this new member was 
new to me, I thought it wortliy of consideration, & in the short time I 
have taken to consider of it, I find the method of introducing this new 
member is directly contrary to what his Majesty iu his great wisdom has 
directed to and ap;iointed for calling meml)ers to sit iu (jeneral Assembly, 
which ought to ha invariably regarded — That it is my opinion the member 
3'ou refer to do's not legally appear in the House, and I also lind that for- 
mer Assemblys have upon the death or incapacity of a returned or siting 
member addressed the King's Governor, regularly to issue the Kinga writ 
to supply the vacanc}" occasioned by sucli death or incapacity, which 
ought to have been done iu the present case. 

Notwithstanding I have these objections to contend Avith, this session 
having already been spuu out to an unusual & unreasonable length, I have 
thought it for his Majesty's service & tlie good of his subjects to direct 
the Secretary to qualify the returned member for Hampton, but that this 
condescention is not to be pleaded as a precedent in similar cases in this, 
nor in succeeding Assemblys, having submitted the other points to his 
Majesty to prevent delays in our public concerns at this critical Gonjunc- 
ture. 

Council Chamber iu B. Wextwoktu. 

Portsmouth, Feb. 1.")"' 175;). 

His Excellency informing the House in his written message 
that he had directed the Secretary to qualify the Keturnd mem- 
ber for Hami)ton, Coll. Gilmau and Mr. Gidding were sent to In- 



182 PROVINCE OF NEW-HAMPSHIRE. [17o3. 

form that tlie said member was in tlie House, soon after which the 
Secretary came into the House and qualifyed him. 

Sam^ Morrison who ap])ear.s in behalf of Alexander Park and 
others, moving that he might be heard by Council, And the Re- 
spondents moving that they were not prepared with Council The 
hearing of the Petition is put off till toniorj-ow three of the clock 
in the afternoon. 

The House adjourned till tomorrow morning nine of the clock 
by order of the Speaker. 



Fry day Feb^ 16"^ 1753. 
Met according to adjournment. 

[p. 302.] The House adjournd till three of the clock in the af 
ternoou by order of the Speaker. 

Post Meridiem 

Met according to adjournment. 

Mr. Samuel Morrison who appeared to prosecute the Petition of 
Alexander Park etc. and the Respondents came into the House 
and moved that the hearing upon the Petition might be put oft to 
some further da}-. Therefore ordered that the Hearing upon the 
said Petition be put off till Thursday next if the General Assembly 
shall be then sitting, and if not then sitting then on the third day 
of their sitting afterward. 

The House adjourned till tomorrow morning nine of the clock 
in the forenoon by order of the Speaker. 



Saturday Feb^ 17* 1753. 

Met accordmg to adjournment 

Voted That the Committee of this House for Examining into 
the Treasurer's ace'', be a Committee of this House to joyn such as 
shall be appointed by the Hon'''"' the Council to receive and exam- 
ine the accounts of Theodore Atkinson Esq. relating to the Can 
ada Expedition, and make Report thereon to the Gen' Assembly 
as soon as may l)e. 

Sent up by Esquire Philbrick. 

[p. 303.] The Secretary came into the House and said he was 
directed by his Excellency to adjourn the Gen'. Assembly till Mori 
<lay next ten of the clock in the forenoon and accordingly 
adjourned llie same. 



1753.] JOURNAL OF THE HOUSE. 183 

Monday February 19"' 17o3. 
A few of the members met but not sufficient to make a house, 
nor the Speaker. Tlie Secretary adjourned the Gen' Assembly till 
three of the clock in the afternoon. 

Post Meridiem, 
Met and adjourned [fi:om time to time, till] 

[p. 304.] Thursday p. m. February 22'^ 1753. 

Upon hearing the Petition of Alexander Park and others and 
the Respondents and considering the evidence j^roduced by the 
partys, Voted That the choice of l)oth the sets of officers made at 
the annual meeting referred to in the said Petition was illegal! 
and that the said choice be and liereby is declared to be null and 
void and that there be a meeting held in the said Parish ot Wind- 
ham on the first Tuesday of March next for the choice of Parish 
officers for the s'' Parish of Windham for the year 1752, and that 
Peter Gilmau Esq. be and hereby is appointed & authorized to 
call the said meeting and to be the moderator of the s"* meeting 
and that the s'^ Peter Gilman Esq. put up or cause to be put up a 
Notification of the time and place of meeting at the meeting 
House in said Windham and also at the dwelling house of John 
Christy Innholdcr in s** Windham at least four days before the 
time of holding said meeting. Sent uj) by Ca])t. Gilman. [Vote 
concurrd by Council.] 

The House adjourned till tomorrow morning nine o'clock by 
order of the Speaker. 



Fryday Feb^ 23'' 1753. 

Met according to adjournment. 

[p. 305.] The Secretary brought into the House the Act for the 
Better Repairing of High Ways and said the Governor iipon 
Reading over the Acts relating to High Ways observed that in 
this Act there is no notice taken of them either by Avay of addi- 
tion or amendment Avhich the Governor thinks ought to be done. 

Upon Reading the Petition of James Hodges & considering the 
evidence produced in support thereof, Voted That there lie paid 
out of the money that shall be put into the Treasury by the next 
Supply Bill unto the said James Hodges his Executors Adminis- 
trators or attorney the sum of nineteen Pounds four shillings three 
pence new Tenor in full of the two Judgments referred unto in 
said Petition and the necessary charges the said James Hodges hath 
been at for the obtaining the moneys Recovered by him against 
the said Littleton and Grotster. [Concurrd by Council.] 

The House adjourned till three of the clock afternoon by order 
of the Speaker. 



184 PROVINCE OF KEW-HAMPSHIRE. [1753. 

Post Meridiem. 

Met according to adjournment. 

Upon Reading the Petition of Joshua Pickering and consider- 
ing the evidence produced by tlie Petitioner, Voted that the 
Prayer of the Petition be granted and tliat the Petitioner have 
liberty to bring in a Bill accordingly. [Concurrd by Council.] 

The House adjournd till tomorrow mornmg nine o'clock by 
order of the .S2)eaker. 



[r. 306.] Saturday February 24"' 1753. 

Met according to adjournment. 

The act relating to Highways which was Ijrought into the House 
yesterday by the Secretary being altered in the Title was this day 
sent up again by Deacon Phil brick. 

Also the Petition of Joshua Pickerin with the vote of this 
House thereon. Also the Petition of James Hodges with the vote 
of this House thereon, sent up by Deacon Philbrick. 

The Secretary came into the House & said he was directed by 
liis Excellency to adjourn tlie Gen^ Assembly till Monday next ten 
of the clock in the forenoon and accordingly adjournd the same. 



Monday February 26"' 1753. 
A few of the members met but not sufficient to make a House — 
[and adjourned] till 

Tuesday, February 27"\ P. M. 1753. 

[r. 307.] There being a sufficient number to make a house, and 
the Speaker being absent the House made choice of Richard Jen- 
ness Esq"" for Speaker pro Tempore, who accordingly took the 
chair. 

The Act for Regulating the sizes and admeasurement of Lum- 
ber, &c. having been read three times Voted that it pass to be en- 
acted, and sent up by Mr. Lovewell, [Concurred by Council and 
assented to by the Governour.] 

The House adjournd till tomorrow morning nine o'clock by or- 
der of the Speaker pro temj)ore. 



Wednesday February 28"' 1753. 

Met according to adjournment. 

The Proprietary Act having been rem} three times, Voted that 
it ])ass to be Enacted and sent up by Mr. Knight. 

The House adjournd till three of the clock in the afternoon by 
order of the Speaker ])ro tempore. 



1753.] JOURNAL OF THE HOUSE. 185 

Post Meridiem. 
Met accordino' to adjoiinunent. 
The Hoijse adjoiirnd [from time to time] till 

[f. 308.] Fryday March Second, 1753, P. M. 

The Committee of this House brought into the House tiie ac- 
compt of the Hon'''" George JaftVey Esq. dec'd (1) late Treasurer 
and Receiver General of his Majesty's Revenues within his Maj- 
esty's Province of New Ham])shire of the late intended }Cx})edition 
against Canada, and acc'^ of Province Taxes and contingencies 
rendered by George Jaifrey Esq. Adm^ 

Voted That the account of Theodore Atkinson Esq. be allowed, 
(a copy of which is on file) and That Theod. Atkinson Esq. ])ay 
the Ballance thereof being thirteen hundred and forty six Pounds 
seventeen shillings and four pence one farthing new Tenor unto 
the Treasurer. 

The House adjourn<l till tomori'ow morning nine o'clock by or 
der of the Speaker. 



Saturday ]March the third 1753. 

Met according to adjournment. 

Upon Reading the Petition of iMrs. Mary Avis Executrix of the 
Last will and Testament of John Avis late of Boston in the County 
of Suffolk in the Province of the Massachusetts 13ay mai'iner dec'd, 
[i'. 809.] and considering the Evidence pro(hiced, Voted that there 
be paid out of the money that shall be })ut into the Treasury by 
the next Sup})ly Bill unto the said Mary Avis, her Executors, ad- 
ministrators or attorney the sum of fifty nine Pounds fourteen 
shillings and six Pence new Tenor in full of the three Judgments 
refer'd unto in the said Petition and the necessary charges the said 
Mary hath been at for the obtaining the moneys Recoverd against 
the said Grotster and Littleton. 

Sent up by Mr. Sanders. [Concurred by Council.] 

The Secretary came into the House and said lie was directed by 
liis Excellency to adjourn the General Assembly till Monday next 
ten of the clock in the forenoon and accordingly adjourned tlie 
some. 



Monday March 5"^ 1753. 

A few of the members met but not sufficient to make a house, 
nor the Sjieaker, [and adjourned] till 

Tuesday March G"' 1753, P. M. 
Mr. Sec^ Bru't down from the Council the Petition of S'' Wil 
liain Pepperell, Barronet, which is on lile. 

(1) Hon. Geo. Jaffrey died Ma.v S, 1740, aged (i(J. See notice ol'liiin p. 12G. Vol. V.— Ei>. 



^^^ PROVINCE OF NEW-HAMPSHIRE. [1753. 

[p. 310.] The House adjonnid till tomorrow inoriiiiig nine of 
the Clock, by order of the Speaker. 



March y^ 7"' 1753, Wednesday. 
Met according to adjournment — The House adjourned till three 
of the clock in the afternoon by order of the Speakei-. 

Post Meridiem. 

Met according to adjournment 

Upon Reading the Petition of Sir William Pepperell, (a) 

(a) Jour. C. & Ass. March 6, 175.3. The petition of S"^ William Pepper- 
ell Bar. praying to be Enabled to Redeem Parte of the Estate of Simon 
Gilman Deceased from the mortgages &c. And to have the benefit thereof 
towards Discharging a Debt Due from the said Simon to the Petitioner 
which was read and sent down. 

Voted that there be a hearing tliei"eon upon the second day of the 
sitting of the Gen' Assembly next after the twentieth day of Marcli 
Instant And that the Petitioner at his own cost send Mark Hunk 
ing and Nath' Meserve Esqs. Executors of the last Will and Test- 
ament of Jotham Odiorne late of Portsmouth in the Province of 
New Hampshire Esq. dec'd,(l) with a copy of s*^ Petition and of 
the orders thereon, and also Mr. William Moor and Mrs. Elizabeth 
Gilman Administrators to the Estate of Simon Gilman with a copy 
of the H^ Petition and the orders thereon to appear and shew 
cause if any they have why the Prayer of the Petition should not 
be granted. 

The House adjournd till tomoiTow" morning nine of the clock by 
order of the Speaker. 



Thursday March y' 8'^ 1753. 

Met according to adjournment 

The Petition of Sir William Pepperell sent u}) this day with the 
vote thereon by Mr. Knight. 

Adjournd till three of the clock in the afternoon by order of the 
Speaker. 

[p. 311.1 Post Meridiem. 

Met and adjournd [from time to time,"] till 

Monday March y" 12*" 1753. 
A verbal message sent this day to the Council by Mr. Livermore 

(1) Jotham Odiorne, Esfj. died Aug. 10. 174S, aged 73.— Ed. 



1753.] JOURNAL OF THE HOUSE. 187 

to kiiOAV Avhat was done relating to the vote of the House of the 
12"* of December 1746, and also relating to the vote of the House 
of the 27"" of May 1748 for grant made to his Excellency of two 
hundred and fifty Pounds by each of said votes. The Secretary 
came into the House and said the Council had concui-red with each 
of said votes but that his Excellency had assented to neither of 
them. 

Voted That Kichard Jenness Esq. And Mr. John Knight be a 
Committee of this House to joyn such as shall be appointed by the 
Honorable Council to receive from the Trustees for letting out the 
[p. 312.] twenty-five thousand Pounds Loan what of the Principal 
sum of said Loan the said Trustees liave Receiv'd, and put what 
they shall receive of the said Trustees into the Treasury, taking 
the Treasurer's Receipt for the same and that the same remain in 
the Treasury till further order of the Gen' Assembly, and the 
said Committee make Report of their doings to the Gen' Assembly 
as soon as may be. [Concurred by Council.] 

John Gage Esq. brought into the House two Commissary ac- 
counts which he swore to and left in the House. 

The House adjournd till tomorrow morning nine of the clock by 
order of the Speaker. 



Tuesday March 13'" 17')3. 

Met according to adjournment. 

The Petition of Nath' Nason and others read. 

The vote past yesterday relating to the Principal of the Loan in 
the hands ot the Trustees sent up this day by Mr. Sanders. 

The House adjourn'd till three of the clock in the afternoon by 
order of the Speaker. 

Post Meridiem. 

Met according to adjournment. 

Voted That there be allowed and j)aid unto his Excellency Ben- 
ning Wentworth Esq. Governor and Commander-in-chief in & 
over the Province of New Hampshire, out of the money that is 
or shall be in the Treasury the sum of two Thousand Pounds new 
Tenor in full discharge of any and all arrearages and deficiencies 
[r. 313.] in his Excellency's salary upon all accounts whatsoever 
unto the twelfth day of December 1752. and that his Excellency 
draw the same out of the Treasury by his Warrant by and with 
the advice of his Majesty's Council : — Also that each member of 
his Majesty's Council V)e allowed and pay'd out of the money that 
is or shall be in the Treasury the sum of Eleven shillings new 
Tenor for every day of their attending in General Assembly from 
the third day of January 1748-9 until the dissolution of the pres- 
ent General Assembly, and also three pence new Tenor per mile 
for travelling to and from the place of the sitting of the General 



188 PROVINCE OF NEW-HAMPSHIEE. [1753. 

Assembly, every time tlie General Assembly is adjounid or Pro 
rogued from Saturday to Monday or for any longer time during the 
said term. The same to be paid by the Treasurer upon a certifi- 
cate of the Secretaiy. 

Also that each member of the House of Representatives in the 
last Assembly be allowed and paid out of the money that is or shall 
be in the Treasuiy the sum of nine shillings new Tenor for every 
day of their attending in General Assembly from the third day of 
January 1748-9 untill the Dissolution thereof which was on the 
fourth day of January 1752, and also th:''ee Pence new Tenour per 
[p. 312.] (1) mile for travelling to and from the place of the sit 
ting of the General Assembly eveiy time the General Assembly 
was adjourned or Prorogued from Saturday fo Monday or for a 
longer time Except such as live more than twenty miles distant 
from the place where the General Assembly sits, who are not to be 
allowed Travil unless Avhen the Gen' Ass™ was adjourned or Pro- 
rogued for a longer time than from Saturday to Monday. But 
when the adjournment or Prorogation was from Saturday to Mon- 
day instead of Travel to be allowed one days pa}', And that the 
said members be paid by the Treasurer upon a Certificate from the 
■Clerk of the present House of Representatives And that each 
member of the present House of Representatives be alloAved and 
paid out of the money that is or shall be in the Treasury the sum 
of nine shillings new Tenor for every day of their attendance in 
General Assembly from the nineteenth day of September 1752 un- 
til the dissolution of the ])resent General Assembly, and also three 
Pence New Tenor per mile for travelling to and from the place of 
the sitting of the General Assembly every time the General Ass'" 
has been or shall be adjourned or Prorogued from Saturday to 
Monday or for a longer time. Except such as live more than twen- 
ty miles distant from the place where the General Assembly sits, 
who are not to be allowed Travil unless when the General Asseni 
[v. 313.] bly has been or shall be adjournal or Prorogued for a 
longer time than from Saturday to Monday. But when the ad- 
journm' or Prorogation hath beoi or shall be from Saturday to 
Monday, instead of Travel, to be allowed one days Pay, and that 
the said members be paid by the Treasurer upon a Certificate from 
the Clerk of the House of Representatives: Also that there be al- 
lowed and ])aid out of the money that is or shall be in the Treas- 
ury unto Theodore Atkinson Esq. for his service as Secretary the 
sum of seventy five Pounds New Tenor yearly from the twenty- 
fifth day of March 1748 to the first day of January 1753, being 
five years and three quarters of a year, amounting to the sum of 
three hundred and fifty six Pounds five shillings New Tenor to be 
drawn oxit of the Treasury by his Excellencys warrant by and 
with the advice of the Council. Also that the Secret:uy for this 

(I) I'itgcs :;i-2 .iml 31:3, rciieiitcd by error in the original record.— Ed. 



1753.] JOURXAL OF THE HOUSE. 189 

Province be allowed the sum of one hundred Pounds New Tenor 
for the current year commencing the first day of January 1753 
and ending the first day of January 17o4, to be paid at the end of" 
the year and to be drawn out of the Treasury by his Excellency's 
Warr' by and Avith the advice of the Council. Also that Meshech 
Wear Esq. who a. -ted as clerk of the late House of Representa- 
tives be allowed and inud out of the money that is or shall be in 
[p. 314.] the Treasury the sum of nine shillings new Tenor per 
Day for his service as clerk for eacli day of his attendance (Exclu- 
sive of his Avages as a member of tlie House of Representatives) 
to be paid him by the Treasurer upon a certificate from the clerk 
of the present House of Representatives. . . Also that the Clerk 
of the Present House of Re]>resentatives be allowed and paid out 
of the money that is or shall be in the Treasury the sum of nine 
shillings new Tenor ])er day, for each day of his attendance in 
General Assembly (Exclusive of his wages as a member of the 
House of Re])resen1atives,) to be ])aid him by the Treasurer upon 
a Certificate from the Clerk of the House of Representatives. . . 
. . Also that whatevei- sum or sums that shall be allowed by the 
General Assembly for Muster Rolls shall be i)aid out of the money 
that is or shall be in the Treasury to be drawn out of tlie Treasury 
by his Excellency's Warrant by and with the advice of the Coun- 
cil Also that Mr. Benjamin ^Vkerman Door keeper be 

allowed and paid out of the money that is or shall be in the Treas- 
luy the sum of seventy five Pounds new Tenor in full for his ser 
vice as Doorkeeper untill the twenty fifth day of March 1753, to 
be drawn out of the Treasury by his Excellency's Warr' by and 
with the advice of tlie Council. 

A new vote follows. 

[p. 315.] Whereas this government has been at very great ex- 
pence & charge in supjxu'ting the government of this 'His Majes- 
ty's Province, in defending the fronteers in tlie late war, and car- 
rying on the war against his Majesty's enemies, and also in pre- 
venting an intended Ex])edition against Caiuida by reason and 
means whereof tlie j)ublick is loaded with a great and heavy debt: 
and whereas a vote lias this day passed this House granting sun- 
dry allowances to sundry persons to whom the Province is indebt- 
ed — Now in order to discharge the Public Debts & to bring in and 
sink the Bills for promoting the said intended Expedition against 
Canada as fast as the circumstances of the Province will admit of, 
if the said vote of this House of tliis Day shall pass the Honoui- 
able the Council and shall be assented to by his Excellency — 

Voted that there be a further Tax of Twelve thousand five hun- 
dred Pounds new Tenor laid upon the Polls & Estates in this Prov 
ince to be paid in five annual payments. The first ])ayment to be 
made by the last day of December 1753 and so yearly by the last 
day of December untill the whole is paid. And tliat the Treas- 
urer issue out his Warrants accordingly by the last day of May 



li)0 PROVINCE OF NEW-HAMPSHIRE. [1753. 

yearly agreeable to a new Proportion to be made by the General 
Assembly, and as the same shall be paid into the Treasury to re- 
[p. 316.] main there to be disposed of as the General Assembly 
shall order for the uses aforesaid — And that Mr. Sjieaker Mr. Sher- 
burne and Mr. Livermore be a Connnittee of this House to joyn 
such as shall be appointed by the Honorable the Council to draw 
up an act accordingly. [Council concun-ed.] 

The House adjourned till tomorrow morning nine o'clock by 
order of the Speaker. 



Wednesday March y*^ 14"^ 1753. 

Met according to adjournment. 

Mr. Speaker Wear being absent in Public Business, — Voted 
that Coll. Peter Gillman Esq. be speaker pro tempore. 

Matthew Livermore Esq. clerk of the House being absent, 
Voted That Eleazer Russell Esq"" be Clerk pro teinpore. 

Voted That the muster Roll of Capt. John Gofte for forty -four 
men scouting the Frontiers in the year 1748 amounting to £520 
19 : 5 including Billeting and amunition be allowed and paid out 
of the money in the Treasury — the money to be paid to each man, 
his order Attorney or legal Representative. 

Voted Tliat the Muster Roll of Capt. John Goffe for himself and 
thirty t^^'o men scouting and guardiiig the Frontiers in the year 
1748 amounting to £610 : 10: 5 including Billeting and anmiuni- 
tion be allowed & paid out of the money in the Treasury, Each 
man's wages to bo paid him his order Attorney or legal Repre- 
sentative. 

And then the House adjournd till three by order of the Speaker. 

Post Meridiem. 

Met according to adjournment. 

[p. 317.] A private Act for enabling the judges of the Sup'' 
Court to Examine into two Judgments between Joshua Pickerin 
and Matthias Towle liaving been read three times pass'' to be en 
acted. Sent up by Mr. Sherburne. 

Mr. Speaker Wear being absent on public Business 

Voted Tliat Coll. Peter Gilman Esq. be Speaker pro Tempore. 

The Committee for auditing the Treasurers accoiints brought 
into the House the accounts of the late Treasurer George Jaffrey, 
Esq. with a Report thereon which was read — and the House ad- 
iournd till tomorrow nine of the clock. 



Thursday March 15"' 1753. 
Met according to adjournment. 

Mr. Speaker Wear being absent on public Busmess Voted That 
Coll. Peter Gilman Esq. be Speaker of the House pro Tempore. 



1753.] JOURNAL OF THE HOUSE. 191 

Voted' That the Muster Roll of Capt. Obadiah Pairv for 
himself and thirty seven men guarding tlie Frontiers in tlie" year 
1748 amounting to tive hundred Eighty two Pounds fourteen shil- 
lings and seven pence for wages, Billeting and ammunition be al- 
lowed and paid out of the money in the Treasury, the Avages to he 
paid to each man, his order attorney or legall Representadve. 

Voted That the Muster Roll of Capt. Andrew Todd for Jumself 
and Twenty-five men for Guarding the Frontiers in y^ year 1748 
amounting to six hundred Eighty Eight Pounds three sliillings and 
one penny for wages, Billeting and ammunition be allowed and 
paid out of the money in the Treasury — The wages to be i)ai<l to 
each man, his order attorney or legall Representative. 

Voted That the Muster Roll of Cai)t. Jonatlian .Snow fur him- 
[i». 318.] self and thirty men guarding tlie Frontiers in y" year 1750 
amounting to Eighty si.x Pounds fourteen '^hillings for wages, be 
allowed and paid out of the money in the Ti-easury, the wages to 
be paid to each man, his order attorney or legal Representative. 

Voted That the muster Roll of Capt. James Campbell for him- 
self and fifteen men Guarding the Frontiers in the year 1750 
amounting to sixty two Pounds twelve shillings & two pence for 
wages Billeting and ammunition be allowed and paid out of the 
money in the Treasury, the wages to be paid to each man, his or 
der attorney or legal Representative. 

Voted That the Muster Roll of CajAt. Job Clements deceased, 
for himself and twenty one men Guarding the Frontiers in the 
year 1748 amounting to two hundred and Eighty Eight Pounds 
two shillings and nine pence three farthings for Mages be allowed 
and paid out of the money in the Treasury, the wages to be paid 
to each man, his order attorney or legal Re])resentative. 

Voted That the Muster Roll of Capt. Jonathan Chesley for him- 
.self and seventy three men guarding the Frontiers in the year 1748, 
amounting to three hundred and seventy five Pounds and nine 
Pence for wages be allowed and paid out of the money in the 
Treasury, The wages to be paid to each man, his order attorney or 
legal Reiu-esentative. That Capt. Chesley settle his Commissary 
account before he Recei\'e his own wages. 

Voted That the muster Roll of Capt. Moses Foster guarding the 
Frontiers in y*" year 1748 for himself and twenty six inen amount 
ing to two hundred and ninety nine Pounds three shillings & three 
))ence for wages Billethig and annnunition be allowed and ])aid 
out of the money in the Treasury, the wages to be paid to each 
[p. 319.] man, his order attorney or legal Representative. 

Voted, That tlie muster Roll of Capt. William Walker for liim- 
self and forty seven men guarding the Frontiers in the year 1748, 
amounting to £577 : 11:3, for wages. Billeting and ammunition, 
be allowed and paid out of the money in the Treasury, that the 
wages be paid to each man his order, attorney or legal Represent- 
ative. 



192 PROVINCE OF NEW-HAMrSHIRE. [1753. 

The vote for suiKlry allowances and the vote for a Tax.Bill sent 
up bv Mr. Israel Gilinan and then tlie House adjourned to three by 
order of tlie Speakt r. 

Post Meridiem. 

Met according to adjournment. 

The two Muster Jvolls of Capt. John GoiFe wnth the votes 
thereon, That of Ca]jt. Obadiah Parry with the vote thereon, That 
of Capt. Andrew Todd with the vote thereon, that of Capt. Jona- 
than Snow with the vote thereon, that of Capt. James Campbell 
Avith the vote thereon, that of Capt. Job Clements, dec*^, with the 
vote thereon, that of Capt. Jonathan Chesley with the vote 
thereon, that of C^apt. Moses Foster with the vote thereon, and 
that of Capt. William Walker v»'ith the vote thereon sent up this 
day by i\Ir. Tliomas. 

The account of the Honorable George JafFrey Esq"" late Treas 
urer of this Province, dec'*. Rendered by George Jaffrey Esq. ad- 
ministrator to his Estate for what he had received of the Interest 
[i\ 320.] of the Twenty five Thousand Pounds loan and of the 
payments made out of said money for the Repairs of the Fort, 
Prison and and his PLxcellency's salary with the Report of the Com- 
mittee of audit thereon being read. 

Voted That the said Report be accepted and that the Estate of 
the said George Jaftrey Esq. dec**, be and hereby is discharged 
from the several sums therein paid and that there now remains due 
to the Province from the Estate of the said George Jaflrey Esq. 
dec'*, of the Interest of the said Loan, Two Thousand five hundred 
and sixty Pounds fourteen shillings and ten pence farthing. 

The account of the Honorable George Jaffrey Esq. late Treas- 
urer of this Province, dec"*, for the Intended Expedition against 
Canada, the annual and contingent charges of the Province for the 
years 1747, 1748 and to May 1749 ttc. rendered by George Jaffrey 
Esq. Adm''. l)eing read with the Report of the Committee of audit 
thereon, Voted That the sixty Pounds and the sixty five Pounds 
Voted and allowed the Treasurer for his ordinary and Extraor- 
dinary services as Treasurer in the years 1745 and 1746 were in 
full satisfaction for Receiving and paying the money mentioned in 
those accounts as Treasurer, and that no farther allowance be made 
therefor. 

Voted That the Report of the Committee be accepted — That 
the Treasurer be accountable for the fifty Pounds over paid Capt. 
Eastman, said i)ayment being contrary to the allowance of the 
[p. 321.] General Assembly and that there remains due from the- 
Estate of the said George Jaffrey Esq. dec**, unto the Province to 
ballance this account Exclusive of the said Fifty Pounds, four 
thousand six hundred and forty five Pounds nineteen shillings and 
seven pence one farthing new Tenor, besides the Ballance of an 
account for the ProA'ince Tax for the year 1743 not included herein. 



1753.] JOURNAL OF THE HOUSE. 193 

and the tAvo luuidred and sixty Pounds seven sliillings and nine 
pence rendered out standing of the Province Tax from 1742 to 
1748 Avliicli the present Treasurer is hereby reqtiired iuunediately 
to collect. [All the above votes concurred by Council.] 

Voted That there be allowed and ]iaid out of the money in the 
Treasury unto Mrs. Sarah Priest in full of her account (exhibited to 
the General Assembly,) the sum of fifteen Pounds New Tenor. 
[Concurred by Council.] 

The House adjournd till tomorrow morning nine o'clock by or 
der of the Speaker. 



Fryday March 16'" 1753. 

Met according to adjournment. 

The Speaker being absent on public business I'eter Gil man Esq. 
was chosen Speak'' pro Tempore. 

The late Treasurer's ace'* sent n\^ by ^Ir. Sanders. The House 
adjourned to three o'clock afternoon. 

Post Meridiem. 
Met according to adjournment. The House adjournd till to 
morrow morninir nine o'clock. 



Saturday March 17"' 1753. 

Met according to adjounnnent 

The Secretary came into the House & said his Excellency the 
[p. 322.] Gov"" had directed him to adjourn the (leneral Assembly 
to jMonday next at three of the clock in the afternoon, and ac- 
cordingly adjourned the same. 



Monday March lO"" 1753. 
A number of the members met but not sufficient to make a 
house, nor the Speaker. The Secretary came into the House and 
adjourned the General Assembly till tomorrow morning Ten 
o'clock. 



Tuesday March y' 20"^ 1753. 

The Hon''' J. Downing Es(]. bro't down from the Council the 
Report of the Committee for looking out a ])lace in the Town of 
Portsmouth for a State House &c. with a memorandum of building 
a Brick house of 80 feet by 30. 

The House adjournd till thi-ee of the clock in the aftei-noon; by 
order of the Speaker. 



194 PROVINCE OF NEW-lIAMrSHIKE. [175;j. 

Post Meridiem.- 

]Sret accuixling to adjoiininient 

The Hoii^''' Daniel Warner, Es*]. brouglit down the Petition of 
the Seleetmen of Derritield relating to a high-way, as on file. 
Then the Speaker ordered the House to be adjoiirnd till tomorrow 
uiornino; nine of the clock which was done accordingly. 



Wednesday March 21^' 1753. 
Met according to adjournment. 

The Hon''' Daniel Warnei' Esq. hro't do\yn the Petition of Dan 
iei Eads (a) on file. 

(a) Jour. C. & Ass. Mar. 21, 17.j;5. The retitionof Daniel Eados relating 
to tm action Depending at the Superior Court 1)etwccn the said Ead and 
Mr. Rob' Trail read and sent down. 

Voted That the Petitioner bo heard on his Petition on Eryday 
next at ten of the clock in the forenoon, if the Court be then sit- 
[i'. 323.] ting and that y*" Petitioner serve Robert Trail with a copy 
of the said Petition and order of this Court thereon, to show 
cause, if any he have, wliy the Pi-ayer of the Petition dionld not 
be granted. 

The Hon''' Sampson Sheafe Esq. lironght down the Petition of 
James Leach and John Mills relating to the escape of James Tom- 
aon w'ch was read and Dismissed, (h) 

(b) The petition of James Leacli and Jolin Mills setting forth that they 
Avere sureties for Francis Tucker under keeper of the Goal and that one 
'Thompson had escaped out of Goal by Avhich means the high sherilf had 
had a judgment ag^t- him, and in consequence thereof had bro't his action 
and recovered judgment against the Petitioners & praying for a Grant of 
s;ome monej' to enable tliem to discharge the said judgment &c. 

Tl'.e House adjournd till tomorrow niorning nine of the clock by 
ovd'' of y*^ Speaker. 



Thursday March '22'' 1753. 

Met according to adjournment. 

Mr. Treasurer Jaflfrey sent his accounts into the House. 

Mr. Secretaiy came into the House and said he Avas directed by 
ids Excellency the Governor to inform the House that the ways 
were so bad that he could not come u]) to Town and should be 
glad that a number of the House and of the Council woirld come 
down and confer "\yith him upon the aftairs. Whereupon, 

Voted That Mr. S{)eaker Weare who is absent on public Busi- 
ness, if he can attend, and Coll. Gilman Speaker pro Tempore, Mr. 
Sherburne, Mr. Mcnnu'phy and Capt. Gilman be desired to go 
down. 



17J3.] JOUKNAL OF THE HOU^>E. lOo 

Tlie House adjouriKl to three of tlie clock in the ;iften!Oon, by 
Older of the speaker. 



_[r. 324.] Saturday March 24"' 17o3. 

3Iet according to adjourniuent. 

Richard Wibird & Daniel Warner Esqs. bro't down the vote of 
tile House of the 13"' of Marcli Inst, for granting allowances to 
his Excellency and others with the following amendments, viz. In 
Council ]\Iarch 24"' 17o3. The above vote read and concurrd with 
the following amendments. First, That the article of an allowance 
to his Excellency for Arrearages and Deficiencies of his Salary be 
altered, and Instead of the wolds [Two Thousand I'ounds new 
Tenor in full discharge of any and all arrearaget, jtnd Deticiencies 
in his Excellency's Salary upon all accounts whatsover unto the 
tweftli day of December 1752] It stands worded as follows : viz. 
Two Thousand Pounds new Tenor towards discharging the arrear- 
ages and Deficiencys of His Plxcellencys Salary to tlie twelfth day 
■of December 1752. 

2'^' That in the article for the Councils allowance, Instead of 
Eleven shillings new Tenor it stands worded Twelve shillings and 
.six pence new Tenor. 

[}'. 325.] Voted That the lirst amendment be concurrd. 2''' 
That the House adhere to their vote for tlie allowance granted to 
liis Majesty's Council, Eleven shillings per Day being full allow- 
ance. 

Sent up ])y ^Iv. ]Macniurphy and ]Mr. Sanders, [Council con- 
<curred.]. 

The Secretary came into the House and said he was directed by 
Ills Excellency to adjourn the Gen'. Assembly to Tuesday the 17"* 
of April next ten of the clock in the forenoon, and accordingly 
.declared the House adjoui-nd. 



Tuesday April 17"^ 1753. 

Met according to adjournment. 

A number of the members, viz. P]leazer Russell, Mr. Henry 
Slierburne jun. JNIr. Joseph Philbrick, jMr. Tuck, INIr. Gidding and 
Mr. Thomas met. 

The Secretary came into the House and said he was directed by 
his Excellency to adjourn the Gen'. Assembly till Monday next ten 
of the clock in the forenoon, and accordingly adjournd the same. 



Monday April 23^ 1753. 
Some of the members met. The Secretary came into the House 
jmd adjournd tlie House till tliree of the clock in the afternoon. 



19G PROVINCE OF NEW-HAMPSHIRE. [1753. 

Post Meridiem. 

Met according to adjouniiuent. 

[p. 326.] A number of the members present, viz Eleuzer Ilus- 
sell, Esq. Mr. Slicrburne, Coll. Gilm;m Capt. Bell, Capt. Jenness, 
Mr. Wiggen and Mr. March. The Secretary came to the House 
and Said he was directed by his Excellency the Governor to ad- 
journ the Gen' Assembly till tomorrow morning ten of the clock. 



Tuesday April 24'^ l7o3. 
Met according to adjournm'. Tlie House adjournd by order of 
the Speaker till three of the clock in the afternoon. 

Post Meridiem. 

Met according to adjournment. Mr. Speaker Wcare came to 
the House tfc took the chair. 

Voted that Kichard Jenness Esq. & Mr. John Knight be a com- 
mittee of this House to joyn such as niay be appointed by the 
Hon" Council to farm out the Excise for one year from the first 
of Jan'' last past to the first of Jan^ 1754, at Publick vendue to 
the highest Bidder to be paid half yearly and to take good secu- 
rity from the person oi" jtersons to whom it may be sold and deliv- 
<jr the Bonds to the Treasurer for the time being to Avhom the 
Bonds must be made ])ayable for the use of the Government, and 
[}'. 327.] tluit said C'Ommittee give public Notice of the time and 
place oi sale. 

Sent up by Mr. Knight. [Council concurred.] 

The House adjournd till tomoiTOw morning nine o'clock !)y or- 
der of tlie Speaker. 



Wednesday April 25" 1 753. 

Met according to adiournment. 

Abraham Place made oatli in the House that he was in tlic ser- 
vice under Ca})t. Clements six weeks in the year 1748. 

Voted That there be allowed to the officers and soldiers at Fort 
William and Mary from the 25"' of March 1749 to the 25^^ of 
March 1753 Two hundred Pounds New Tenor a year in full for 
their Avages, Billeting &c. to be paid out of the money in the 
Treasury^ Sent np May 8"> by Mr. Tuck. 

Voted That the muster Poll of Thomas Bell Estj. for thirty 
one men landing of Guns at New Castle amounting to fifteen 
Pounds two shillings and three pence in full for wages and Billet- 
ing be allowed and j)aid out of the money in the Treasury. Sent 
up by Mr. Tuck. [CouTicil concurred.] 



17o3.] JOUKXAL OF THE HOUSE. 197 

Voted That the account of Rich*^ Jenness Esq. for wood siip- 
ply'd y* Gen'. Assembly anionnting to £S : 15 :0, be allowed and 
paid out of the money in the Treaisurv. [Council concurred.] 

Sent u]) bv Mr. Sanders. 

[r. 328.] ' The Ilon'''^' John Downing Esq. Brot DoAvn the Pe- 
tition of Abial Astin(a) as on file. 

(a) Jour. C. & Ass. Ap. 2.5, 1758. The petition of Abial Astiu one of 
the Constables of Methueu & Dracut in the year 1744, Praying the consid- 
eration of the Geni Assembly settiny forth that sundry persons in his List 
of Taxes were also rated in the Parish of Windham by which means he 
would not Levy the same, — read & sent Down to the Hon.se of Kepresen- 
tatives. 

The House adjournd to three of the clock in the alternoon by 
order of the Speaker. 

Post jMeridiem. 

Met according to adjournment. 

William Johnson made oath in the Iloiise that lie was in the ser- 
vice of the Governm' under Ca])t. Clements Thirty four days in the 
year 1748 in scouring from Barrington to Rochester. 

Voted That the Secretary be desired to send to the House ihi' 
Invoices that he has received relating to a New Proportion to be 
lay'd before the House. Capt. Wentworth went tor the above In- 
voices. 

The Secretary bro't intt) the House all the Invoices that were re- 
turned into his othce as he said relating to the New Projjortion, 
also a memorial relating to tlie work House, also a Petition of the 
Selectmen of Monson. Tlie House adjourned till to morrow morn- 
ing nine of the Clock, by order of the Speaker. 



Thursday April 26, 1753. 

Met according to adjournment. 

The Secretary brought into the House a written message from 
his Excellency relating to a Provincial House. He also brought 
into the House the Petition of Sir William Pepperell Avith the vote 
of Council thereon appointing a further day for a hearing thereon, 
Namely Fryday the fourth ])ay of IMay next, with which vote the 
House concurr'd. Sent up by Mr. Thomas. 

Governor's Message. 

[Copied from MS. Govt's Messages Vol. II, p. 99.] 
Mr. Speaker 
and G-entlcmcn of the Assembly. — 

Tliis being the most advantageous season to make Provisions for 
a Provincial House, I am hoping you will Embrace it, that neither 
myself or the Government may be put to any further inconven- 



198 ITvOVINCE OF NEW-HAMPSHIRE. [1753.. 

ience on thiit acc^, for this end I have rrovided a liouse to remove my fur- 
niture into, that the ■workmen may liave no interruption from me if the 
Briclv House should be tliought most convenient. 

The money heretofore granted for rent & repairs falling vastly short of 
what it was Intend for and ^vhat■was absolutely necessary to be expend- 
ed for my accommodation, you will observe by the Treasurer's account,, 
is not Drawn fully out. 1 must tlierefore recommend it to you to malie 
a just satisfaction to the Proprietors for time that is past & if needfull for 
the future, there being as I apprehend no Prospect of my being accomo- 
dated any other way, by which means I shall b« able to give Due atten- 
tion to the Publick business during tlie tSessions of the General Assembly, 
Council Chamber in Portsm"' li. Wkxtwoktii. 

April 20, 1753. 

[p. o:;9.] Tlie House udjourinl till tliree of the eiock in the af- 
ternoon. 

Post Meridiem. 

Met .'K'cordiiig to adjournment. 

The Secretary hro't into tlie Hotise an ace' of Georg-e Mitchell,. 
Esq. one of Dr. Sargeant, a Petition of Tho'' Packer Esq. to the 
(tov'' and Comicil, relating to the Prison and an order for a survey 
and a Peport thereon — and an aec' of Jereiniali Libbey. 

Daniel Pierce Esq. brouglit in liis ace' of Sundrys and swore to- 
it in the House and made a iwotion to have his fees raisd. 

The House adjournd till lomonow morning nine o'clock. 



Fi-yday April 27''', 17.33. 

Met according to adjournment. • 

The Hon''''' Daniel Warner Esq. In'o't into tlie House the Peti 
tion of John Bnntile, the Re])ort of the Committee for cutting 
Roads &c. to and from Coos, and an account of the <'harge thereof 
and a Flan of the way from the Crotch of Merrimack Piver to Coos, 

The House adjournd till three of the clock in the al'ternoon by 
order of llie S])eaker. 

Rcjxjrt of the Coinmlttee on cuttlmj Roads. Sc. 
[Copied from MS. Corr. \'ol. II, p. 71.] 

Province of ) Portsmouth, April 2(j, 1753. 

N. Hamp'". \ In pursurance of a vote of Governouv, Council and Assem- 
bly of the 29* of November & (J"' of December last, Impowering us as a 
Committee to cfi'ect the cutting road, &c. to and from Co : os. and to make a 
report of what we should cause to l)e done in the Premises from time tO' 
time, to the General Assembly, Do hereby Eeport as follows, viz. 

That we have Employed ]\!aj'' Zachcus Lovewell Capt. John Tolford ii 
Mr. Caleb Page with a suitable Number of men as guards & as.sistimlH 
who have been upon the spot & have searched out a convenient way where 
a I'oad may be cut & Bridged without any uncommon charge or Difficult j 
comencing at the Crotch of Merrimack river where the rivers of Pemidg- 
wasset & Winnipiseocce meet & Ending about Ten miles below the head 



1753.] JOURNAL OF THE HOUSE. 190 

of the s'l Tract of land called Co : os, a Plan of which said way or road is 

herewith presented(l) with the Acc^ of the cost that hath arisen thereby 

all which is Humbly submitted, liy 

John Downing ^ 
liichard Jennes > Com"^\ 
Jon^ LoA'ewell j 

In Council April 27'" 17.".:'. 

read & ordred to be sent down 

to ye Hon'^'e House of Represnt^ 
Theodore Atkinson, SeO'. 

Indorsed — "J. Downing Esq''. 

Report concerning looking out 

a Road to Co : os." 

Tjetter froin. Capt. Israel Willlauis relating to the Coos 
Country, to Lt. Gov. Fhips. 

[Copied from Book II. Prov. Rec. in SeO's office, p. '-'(jr).] 

Hatfield March P), 17r>3. 
Sir— 

Capt. Stevens of Xo. 4 was lately at my House i.t gave me. the following 
acco', which I thought it my duty to transmit to your Honour, it appear- 
ing to me to be of Importance to the I'ublick, viz. That the beginning of 
,\-A\\>' last six Indians of the St. Francois Tribe came to No. 4. Fort under 
a Flag of Truce; The first thing they ask'd after was, Whether it was all 
weliV To which be answered, Yes, & asked. Whether they had not heard 
of the late Treaty at the Eastward — Their ans\ver was, No, They knew of 
no such thing: lie told them there was no iJoubt but some of their Tribe 
was present at the Treaty : They said none of their Chiefs, for if they had 
any Treaty Avith the English it would be at Albanv, or in some of these 
parts : They further said to the Cap' you well know what you lie;;rd from 
our Chief men last Sunnner at Montreal, and what they say is always 
Strong. In the most of the conversation he liad with them he told me 
Uk'II mimifi'stcd ijrcat iDieasint'sa at our I'eoph's i/oijir/ to laki' a vUw of Cknrnsa 
.^fcadoirK hist ,'<j>n'i/(/; hnt never fully declared their minds till the morning 
they took their Departure, when with a great deal of Deliberation (as lu; 
express'd it) they told him, /or titc Eiu/lish to settle (Jovass icas vlint thtij 
roiild nut aiircc to, and as the Englisli had no need of that Land, but liad 
enough without it, they must think the Eiu/Iis]/ had a mind for 11 ut, if they 
should go there. & said, if you do we will endeavour that you shall have 
a strong war. that they should have the Mohawks and Ottawawas to help 
them, Tiiat there was four hundred Indians now a hunting on this side St. 
Francois River, and that the owners of the land at Cowass would be all 
there this Spring, & that they at No. 4, miglit expect that if the afiair of 
settling Cowass went forward, to have all their houses burnt — They told 
him further, they had no mind for War, & desired him to iise his Interest 
to prevent the English going to Cowass, and said again, if thej' go there 
must be a War, and it would ])e a war of the F^nglish's making — Thus I 
have given the account almost in the woi'ds he deliver'd it to me nothing 
materiality dift'erent. 

Upon the whole its evident the Indians are acquainted with the Designs 
& Projections of a neighboring Government, & it is as evident they don't 
intend tamely to yield up the Possession of that place to the English, but 
on the contrary do what they can to hinder the settlemt of it; and as 
they suppose the Land to be theirs and none without their consent have 
right to enter upon it, & that tlie,y have good right ri & arinh to drive any 
such away, so beyond all dispute the French will encourage and help 

(1) The editor has uot succeedei'. in iniding tiie Plan above releircd to.— Ed. 



1 



200 PROVINCE OF NEW-HAMPSHIRE. [17^3. 

them, that they may prevent tlie English being so near neighbors to them 
— However easy and practicable the settlement of Cowass may appear to 
some yet I make no (loul)t they will meet with a Tartar, &, find themselves 
miserably disappointed that they have nndertaken it, if they proceed. 

Tho' there is no rational Prospect of success attending the Scheme un- 
der its present direction, yet perhaps some rash & inconsiderate attempt 
may be made by some of the undertakers, that may prove of unhappy 
consequence to themselves & others, unless care be taken — Therefore for 
the security and safety of the People of this Province, I cant but think it 
a Point of Prudence in this Government to make the Indians sensible we 
are neither the contrivers nor Promoters of the design of which they 
might be ascertain'd in the answer to their message by Capt". Stevons, 
which he tells me they are expecting with some Impatience. 

Pursuant to your Honour's orders, two men are posted at Shirley & Pel- 
ham Forts, than is, one at each, with their Families ; and inasmuch as the 
Reason for their continuance or appointment remains, and not having had 
any orders to dismiss 'em, I have directed them to continue there till your 
further Pleasure be known 

I am, sir, your most obedient, humble servant, 
Govern^ Phips, ' Is' Williams. 

Copy cxamind pr. Thos. Clarke, D'pty Secy. 

Post Meridiem. 
Met according to adjournment. 

The HonsG adjournd till tomorrow morning nine o'clock, by or 
der of tlio Speakei'. 



[f. 330.] Saturday April 28"' 1753. 

Met according to adjournment. 

Mr. Jeremiah Libbey made oath to the truth of an aec' for work 
done to the Prison anrounting to the sum of sixty-two Pounds ten 
shillingsi old Tenor, being in new Ten'' £15 : 12 : 6. 

Voted That Jeremiah Libby's ace' of fifteen Pounds twelve shib 
lings and six pence new" Ten"" be allowed for w^ork done to the 
Prison to be ])aid him out of the Interest of the twenty-five Thou- 
sand Pounds Loan in the Treasury for Repairing of the Prison. 

Sent up by Mr. Thomas. 

The Secretary bro't into the House a written message trom his 
Excellency and' a Petition of Benjamin Gilman &c. He also de- 
livered a Verbal message from his Excellency the Gov"' and the 
Council relating to the Excise Act and the vote for selling the Ex- 
cise, signifving that there is an amendment wanting to ascertain 
what tiia Excise to be paid is. 

Governors 3Iessage, 28''' Ajiril 1753. 
[Copied from MS. Gov« Messages, Vol. II, p. 103.] 

j}kr. Speaker & 

GentJemen of thin Assembly. 

In obedience to liis Majesty's Commands, I have with the advice of hi.s 
Majesty's Council F:mployed George Mitchell, lOsq. to make a Plan of the 



i 



1753.] JOURNAL OF THE HOUSE. 201 

Province, oue of which I trausmittod to tlie Lords of trade some time 
past, but the duplicate remans with Mr. Mitchell, to i-ectify an essential 
error in the Plan, which he has m.v directions to lay before the Honse 
and I am perswaded 3'ou will make him satisfaction for his trouble in this 
service upon his effecting that mistake. 

The Secretary will lay before you by my order a Journal of a Treaty of 
Peace with the Eastern Indians, held at Falmouth in Sep' 1749, (1) and as 
I thought it for his Majesty's service & the Inteiest of the Province I ap- 
pointed Commissioners to appearat said Treaty in behalf of this Province, 
the charges arising on this service also, the Secretary' will furnish you 
with, which I have no room to doul)t but you will discharge with honour, 
the mone}' being hitherto advanced by private persons. 

B. WKXTWoirni. 

Council Chamber in 
Portsmouth April 26 '", 17.");>. 

The House adjourn'' till Monday next three oi" the clock in the 
afternoon by order of tlie Speaker. 



Monday April 30''' 1753. 
A number of the membens met but not the Speaker. The Sec- 
retary came into the House and adjournd the G.'n' A-Jsi'inbly till to 
morrow morn in ir ten of the clock. 



[v. 331.] Tuesday May the first, 17.')3. 

Met acL'onling to adjournment. 

The House adjourmi till three of the clo;-k in the aft-'moon by 
order of the Speaker. 

Post Meridiem. 

Met aceordinii" to adjournment. 

Upon readini;- the Petition of Antipas^ (Jilman and others. Vot 
ed That the Petitioners be heard on tlie s'' Petition on the third dav 
of the sitting of the Gen' Assembly next after the first day of Junt' 
next and that they at their own cast serve the Guardian of the 
minors Interested in the Premises & all other persons Interested 
therein who are not Petitioners, with a copy of the s'' Petition and 
of the order thereon, to appear and shew cause, if any they have, 
why the praver of the Petitio:i should not be u-ranted. Sent uii 
Ma> 3' A. ^'I. by Mr. Thomas. 

The I'etition of the Selectmen of Monson being read, A'oled 
Tliat it be <.lismissed(a). 

(a) "Praying to be omitted in the Proportion now al)ouL to be made 
for aportioning the Prov. Tax." Jour. C. & Ass. Ap. 25, 175;j. 

The House adjournd till tomorrow morning nine o'clock by or 
der of the Speaker. 

(1) See copj' of said Treaty in Vol. V. Prov. Papers, pp. l:jl-l:!3. 



-OJ rROVIXCE OF >^KW-IIA:\irSniKE. [175:3. 

Wednesday May 2'', 1753. 
Tiic House adjouriid till three of the clock in the afternoon by or 
der of tlie Sjteaker. 

Post Meridiem 
Met according- to adjournment 

The House adjournd till tomorrow morning nine of the clock by 
order of the Speaker. 



[r. 332.] Thursday May 3'^ l7o3. 

Met according to adjournment. 

The Act for reviving the additional Probate ^Vct having been 
three times read, 

Voted, That it })ass to be Enacted. [Concurred & Assented to] 

The Petition of Antipass Oilman &c. & the aforementioned all 
sent up by Mi*. Thomas. 

The Hou''''^ S:nn' Smitli Esq. ])ro't down the Petition of Jonathan 
Longfellow. 

Tiie IJouse adjournd till three of the clock in the afternoon by 
order of the Speaker. 

Post Meridiem. 
Met according- to adjournment. 

The Secretai-y bro't into the House the Petition of William Mor 
rison(a) &c. 

(a) 'Trayiiii;- the aid of tlic General Assembly in relation to some 
Transactions at a Town meeting there held for the choice of Town ofli- 
cers" &c. Jour. C. & Ass. May T., Iir/A. 

Upon reading the Petition of William ^lorrison and others, 
Voted That tiie ])rayer of the Petition be granted. That 
there be a Town meeting in the Town of Nottingham mentioned 
in said Petition V)etween tliis day and the last day of June ne.xt 
and that Joshua Pierce Esq. be tlie moderator of said meeting to be 
called b}' him and y* he give Eight days notice of the time and 
place of meeting. Sent up l)y Mr. Knight. 

John Macmui-phy Esq. Mr. Joseph Thomas, Mr. Jonathan Love- 
well and ]Mr. James Stoodley jnn. respectively jnade oath that they 
would faithfully execute the office (A' a Collector of Excise accord- 
\\\ 333.] ing to their best skill and judgment. 

The House adjom-nd till to morrow morning nine of the clock 
by order of the S])eaker. 



Fryday May y'' 4"^ l7o3. 

Met according to adjournment. 

The House adjournd for one quarter of an hour by order of the 
Speaker. 



1753] JOUKNAL OF THE HOUSE. 1203 

Met according to adjournment. 

The House ailjournd till three of the clock in the afternoon l)y 
order of the Speaker. 

Post Meridiem. 

Met according' to adjournment. 

The Act for a New proportion liaving been read thiec time.s 
Voted, That it pass to be enacted. 

Sent up by Mr. Sanders with the Invoices. 

Upon Koading- the Petition of Sir William Pepperell and the 
Petitioner and Executors of Jothani Odiorne, 'Esq. dec'', being- 
heard thereon. Voted That the Petitioner have liberty and be au- 
thorized to make a lawfull tender of what is now due to this Pro 
vince upon the lands mentioned in s'^ Petition and to the estate of 
the s'^ Jotham upon the said lands, — that he be allowed to pursue 
and maintain an action against the Estate of Simon Oilman dec'd, 
to make out the Justice and legality of his demand against the 
[r. 334.] said Estate, That he have the advantage of the s'' lands 
so far as to make him whole (if there be sufUcient) deducting what 
he shall pay for the redemption thereof, That the overplus (if any) 
be for the advantage of the other creditors to the Estate of the 
s** Simon and his lleirs and that the Petitio)ier have liberty to 
bring in a Bill accordingly. Sent up by ]\lr. Tuck. [Council con- 
cui-red.] 

The House adjourned for a (piarter of an lumr by order of the 
Speaker. 

Met according to adjourmnent. 

The House adjournd till tomorrov/ morning nine of tlie clock bv 
order of the Speakei". 



Saturday May .j"' 17.';3. 

jNfet accordmg to adjournment. 

Upon reading the Petition of John IJantile Voted, That the 
said Petition be dismissed. The Petition of Abiel Austin being 
read. Voted That it be dismissed. 

The House adjourn'd till Monday ne.xt ten ot tiie Clock in the 
forenoon by order of the Speaker. 



May y<^ 7"' 17."^3. 
Met according to adjournment 

The House adjournd till three o'clock afternoon, by order of 
the Speaker. 



-04 PKOVIXCE OF NEW-IIAMPSHIRE. [1753. 

Post Meridiem 

Met according- to adjournment. 

[p. 335.] Mr. Daniel Allen made oath that he was in the ser- 
vice mider Cajit. Job Clements dec'd, in the year 1748, the si)aceof 
r.ine weeks, in the room of a pressed man five weeks at one time 
and fonr at anotlier. 

The House adjoui-nd till tomorrow mornino- nine o'clock by or^ 
der of the Speaker. 



Tuesday May y' 8"' iToo. 

Met according to adjournment. 

Voted That there be paid unto his Excellency Bcnning Went- 
wortli Esq. out of the money that is or shall be in the Treasury 
the sum of one hundred and sixty-eight pounds fifteen shillings 
new Ten'' in full for house Rent and Repairs from the twelfth day 
of December 1748 to the twelfth day of June 1753, and it is to be 
understood that what -was laid out the last fall by vote of the Gen- 
eral Assembly for Repairing the Governor's House is to be de- 
ducted out of said sum. 

Further Voted That there be paid unto his Excellency Benning 
Wentworth Esq. out of the money that is or shall be in the Treas- 
ury the sum of iifty ])Ounds new Tenor in full for House Rent and 
Repairs from the twelftli day of June 1753 to the twelfth day of 
June 1754. Sent U]) by Mr. Sanders. 

The ace' of Thomas Bell, Esq. amounting to the sum of forty- 
[r. 336.] five Pounds two shillings and nine pence new Ten'' 
allowed. Sent up by Mr. Philbrick. [Council concurred] 

The Muster Roll of Thomas Bell Esq. amounting to the sum of 
£615 : 12 : 5 new Ten'' allowed. Sent up by Mr. Tuck. [Council 
concurred.] 

As also the vote of allowance to the officers of fort Wni. tfc 
Mary y' ]:)ast 25 April. Adjournd till three o'clock afternoon by 
order of the Sj^eaker. 

l^ost Meridiem 

Met ai'cordiiig to adjournment. 

Tlie question being put whether tlie Excise to be paid by Tavern 
kee})ers, Imdiolders anil Retailers for sundry Liquors by virtue of 
an Act Entitled an act for granting unto his Majesty an J^xcise on 
several Liquors nuide and passed in the fifth year of his Majesty's 
Reign, is to be understood New Tenor or old Tenor, Resolved 
That the same is to be iinderstood, paid and taken as New Tenor 
from the first day of January 1753. Sent up by Mr. Thomas. 
[Concurred] 

Voted That there be ])ai(l unto Tl)omas Packer Esq. as Sheriff 
the sum of FiH y Pounds new Tenor in full from the twenty-fifth 



1753.] JOURNAL OF THE HOUSE. 205 

day of March 1748 to the tweuty-fiftli of March 1753, to he paid 
oxit of the money that is or sliall be in tlie Treasury. [Concurred] 

[p. 337.] Further Voted tliat he be paid the svtm of t-\velve 
Pounds ten shillings new Tenor in full for the use of the Court 
House from the twenty fifth day of March 1748 to the twenty-fifth 
day of March 1753, to be paid out of the money that is or shall be 
in the Treasury. 

Sent u]) "Wednesday Ijy Mr. Gidding. 

The House adjournd till tomorrow morning nine o'clock by 
order of the Speaker. 



Wednesday May y*^ 9"' 1753. 

Met according to adjournment 

The acct* of Daniel Pierce Esq. amounting to the sum of £25 : 
15:2:1. new Ten"^ allowd, to be i)aiil out of the money tliat is or 
shall be in the Treasriry. [Concurred.] 

The ace' of Mr. Ezra Carter amounting to tlie sum of £2 : 4. 
new Ten"" allowd, to be paid out of the money that is or shall be 
in the Treasury. [Concurred.] 

The ace' of Sargent & Dearborn amounting to the sum of 
£8 : 10 : 9 New Ten'' allowed, to be ])aid out of the money 4hat is 
or shall be in the Treasury. Sent up by Mr. (Tidding. 

The vote for Mr. Packer's allowam-e sent up this day by Mr. 
Gidding. [Concurred.] 

Voted That the Key of the Province Box which was in the 
hands of Eben'' Stevens Esq. the late Speaker of the House of 
[r. 338.] Re))resentatives, atid all papers he had in his keeping 
that Vjelonged to the (Tovernment be delivered to Meshech AVeare 
Esq. the present S])eaker of the House of Ke])resentatives for the 
Province of New Hampshire, and that Jedediah Philbru-k Esqr. 
be and hereby is desired and impowered to receive tlie same and 
deliver them to the present Speaker. 

Voted That the ace' of Theodore Atkinson Esq. amounting to 
the sum of one hundred and two Pounds seventeen shillings :ind 
nine Pence New Ten'' be allowd, to be paid out of the money that 
now is or shall be in the Treasury. Sent up by Estp Philbrick. 
[Concurred] 



20(5 riioviNCE or new-hampshiee. [i; 

Mr. Atkinson s Ac-count. 

[Copied from MS. Corr. Vol. II. p. 78.] 
1748. Frovince. of Neio Hampshire to Theodore Atkinson, Dr. 
To cush p'' Fleet Proclamations for a Fast > 

IJy verbal order of the General Court, 5 

To cash pd Samuel Wcntworth for a blanket for ^ 
an Indian & his Squaw Imprisoned pr order of > 
the Superior Court & pr order of Gov' & Council ) 
'I'o Do p'l Do 2h yds half Thicks at 2Gs. stockin.i^s, ;5 : 5 
To p'l Love Almory for 2 shirts at 70.s. 7 : 

To ])'' Soil". I^oud for 2 pr Indian schoes 4 : 10 

20 : 15 : 



£S: 
u: 10 



G8: 



To o copys of the Act for altering the time of ^ 

the setting of the Court of Appeals & Holding- > 

the Superiour Court, &c. at 20s } 

To 42 copys of the vote of Assembly requiring ^ 

an Invoyce of eacli set of Selectmen endorsed ^ 21 : — 

with a letter to each, at 10s ) 

To 4 ream of Paper at sundry times from Boston 30 : 

'I'o 2 ream lio't here 22 : 

'I'o a book for recording the Journal of Gen'. Assem. 10 : 

'I'o Coll. Downings &, my own Expences to Casco j> 

I'ay by the Goveruour's Commission, on a Treaty > £153: 

with the Indians, Exclusive of time & horse liire ) 

To myself & Col. Downing each 18 Days time & ) ^^^^^ . q 

horse hire itc . . . 5 

To Ptolland Cotton Es(i. as Secretary at the } •",0-0 

Treaty for his Trouble & copys 5 

To the copy of fifteen Acts for the Collectors of ) 

Kxcise by the Act to be paid for by them 5 

Old Ten'- £411: 11: 

New Ten' 102: 17: It 

I'ortsm". X. Ilamp'' May the 9'i> 1753 
Submitted to y^ Gen' Assembly 

Theodore Atkinson. 
April fi, 1754 
Paid Coll. Downing £105. being his part. 

Voted That Matthew Livennore Esq. be allowed Eiglity Pounds 
New Tenor to be paid out of the money that is or shall be i)i the 
Treasury in full for his service as attorney Gen^ and drawing Acts 
from the year 1746 to this time. Sent up by Mr. Lovewell. [Con 
<-nrred.] 

The House adjonrnd till three of the clock in the afternoon by 
order of the Speaker. 

Post Meridiem. 

Met according to adjournment 

The Secretary bro't in to the House Sundry Papers, viz. The 
lligli way Act, the Act for a new Proportion with several Papers 
relating to Salem and Windham and the Petition from sundry In- 
habitants of Nottingham, and said the Governor did not like the 



175a.] JOL'UXAL OF THE HOUSE. ' -07 

[p. 839.] Exception in y" Hiuhway Act so fur as it related to the 
Governor & Lieutenant Governor, inasmuch as it seemed l>y tliat 
Exception tliat the Gov' and Lieutenant Governor would be obli<i-(1 
to work on y" high ways, if not i)articularly excepted, and also 
that his Excellency -would have it but two years, and further said 
the Council v/ere content the above alterations should be made by 
the House, Xotwithstanding they had passed the same. lie also 
said the Council observd y' in y" proportion for a New that then.' 
were sundry persons taken from Salem and ]tut to AVendliam which 
he s'^ y'' Council tho't ought to belong to Salem for Reasons whii-h 
lie mentioned and left sundry pajiers relating thereto. 

He also s*^ the Governor tho't it was uimecesary to make an ari 
for a Town meeting at Nottingham, but that it insted be done by a 
vote. 

The Sec-^' and the Hon'''" Dan' Wui'iier Es((. bro't into the J louse 
the vote for sundiy allowances and the Secretary said his Excellen 
cy did not like the words J'or discharglug itc. but would have it 
toirards discharging tfcc. for that the A\'ord for may })reclude him 
from asking any thing more hereafter. 

In answer to the verbal message by the Secretary relating to the 
liighway act, the House nuide the alteration as to the (governor 
and Lieutenant Governor, but made no alteration as to the time of 
the continuance of the s'' act, inasmuch as it is Jiulged to be a very 
beneficial act and was sent back to the Council by Mr. Sherburn 
[i'. 3-40.] and Esq. Phiibiick ; And as to the message relating to 
Salem and Wendham, That if the Coimcil tho't proper to take any 
thing from Wendham and put it to Salem the House had nothing 
ti) say against it. But that the House did not at present a))prehend 
that it lay with them to settle any dispute tliere is between Salem 
and Wendham relating to their boundary. 

With respect to the allowances, the Hous;' made tiie alteration 
agreeable to the message from his Excellency whicli \\ as sent back 
by Mr. Siierburn and Mr. TliDUias. 

The Ace* of David Horney amounting to tJie sum of Eight 
Pounds new Ten'' allowed. In answer to the message relating to 
a Town meeting at Nottingham, the house agreed to the proposed 
amendment and ordered the words following to be eras'd in the 
vote, namely [and that the Petitioners have liberty to bring in a 
Hill accordingly.] [Concurred.] 

The House adjom'nd till tomorrov,' morning nine o'clock l.iy oj- 
der of the Speaker. 



Thursday May 10"' 1753. 

Met according to adjournment. 

The Committee for telling over the nione}' in the Treasury that 
is to be burjit bro't into the House a Receipt from the Hon'''" 
Richard Wibird Escj. for the sum of forty one Pounds five shillings 



208 riiOVINCE OF NEW-HxVMPSPIIRE. [1753. 

new Ten'' being so much allow'd Mr. Clement Minor by vote of 
Gen^ Assembly for so much Bills of Credit on the Province of New 
[p. 341.] Hani])"" burnt in the dwelling house of the s^ Clem' Minor, 
also a Receipt from the Hon''''' Meshech Wear Esq. for the sum of 
one hundred and tiftv Pounds new Ten'' being so much allow'd Mr. 
Humj)hrey Scannnon by vote of Gen' Assembly for so nuich Bills 
of Credit on the Province of New Hampshire bm-nt in the dwell- 
ing house of tlie s'' Humphrey Scammon, and for two Pounds two- 
shillings New Ten'' being so much allow'd Mr. Thomas Kawlinsby 
vote of Gen' Assembly for so much burnt in the dwelling house of 
the said Thomas llawlins Avliich was paid out of the money in the 
Treasury to be burnt agreeable to votes of the General Assembly : 
Therefore Voted that the said Committee be and hereby is dis- 
charged from said sums. 

The ace' of Mrs. Ann Slay ton amounting to the sum of £10:5:9 
new Ten'' allow'd. The ace' of N. Sargent Esq. amounting to the 
sum of £2 : 8 : 6 N. Ten'' allow'd. [Concurred.] 

Capt. Horney's ace', Mrs. Slayton's ace' and Dr. Sargents ace', and 
the vote for Discharging tlie Connnittee for telling the money in 
the Treasury to be burnt, with the Receipts therein Referrd to, 
sent u]) by Esc}'" Page. 

Petition for Town meeting at Nottingham sent up by Mr. 
Wiggen. 

Voted That there be allowd and paid out of the money in the 
Treasuiy or that shall be in the Treasury mito the Reverend Mr. 
Sam'. Langdon the sum of five Pounds new Ten'' for his attending 
and praying with the late Gen'. Assembly and with the present Gen', 
[i'. 342.] Assenddy. Also voted that there be allowd and paid 
out of the money that is or shall be in the Treasury unto the Rev- 
erend Mr. Samiiel Haven the sum of Tliree Pounds new Tenor for 
the present General Assend)ly. 

Sent u}) l)y Mr. Sanders. 

The ace' of Matthew Livermore amounting to £1:11:4:2 
New Ten'' allowd. Sent up by Mr. Sanders. [All foregoing con- 
curred] 

The House adjournd till three of the clock in the afternoon by 
order of the Speaker. 

Post Meridiem. 

Met according to adjournment. 

Voted That Nath' Fellows be allowed four Pounds new Ten' 
which, with four dollars he rec"' (as he says) of Coll. Wendell and 
Col. Greenleaf hereafter to be allowd, is in full of his ace' to be 
paid out of the money that is or shall be in the Treasury. Sent 
up by ¥^si\. Philbrick and Mr. Lovewell. 

The act on the Petition of Sir William Pepperell Voted to be 
enacted. Sent up by Esq. Philbrick and ]\Ir. Lovewell. 

The Committee for Examining & enquiring into the State and 
circximstances of the Prison &c. making their Report that they 



1753.] JOURXAL OF THE HOUSE. 209 

had taken a survey of it and find it so bad that they think it can- 
not be repair'd so as to make it safe and convenient but rather 
think it best to build a new one, and that they have also looked 
[p. 343.] into the accounts of the Loan and find there has been 
expended upon it thirty one Pounds five shillings and nine pence 
half penny new Ten"" so that there remains twelve hundred and 
sixty eight Pounds fourteen shillings and two pence half penny 
new Tenor — and the same being read, Voted That it be accepted. 

Whereas the Committee for Examining and enquiring into the 
state and circumstances of the Prison cfcc. making lleport 
that they liad taken a survey of it and find it so bad that they 
think ic best to build a new one and that they have also looked 
into the accounts of the Loan and find there has been expended 
up5n it Thirty one Pounds five shillings and nine pence lialf penny 
new Ten"' so that there remains twelve hundred and sixty eight 
Pounds fourteen shillings and two pence half ])enny — which Re- 
port being read was accepted — Therefore Voted That Eleazer Rus- 
sell Esq. and Mr. Thomas Wiggen be a Committee of this House 
to joyn such as sliall be appointed by the Hon''''^ Council to look 
out for a convenient place in the Town of Portsmouth in the 
Province of New Hamp'' to build a Goal upon, — also to consider 
of what form and Bigness, the same is best to be and Avitli what 
raatei'ials to be built and to Enquire Avhat a suitable Piece of 
Ground for building a Prison upon may be purchased lor and make 
Report thereon as soon as may be. 

[p. 344.] Daniel Warner Esq. bro't down the Petition of Jon- 
athan Combs Avhich was read & ordred to ly for consideration. 

The House adjournd till tomorrow morning nhie o'clock by or- 
<ler of the 8])eakei'. 



Fry day May 11"' 1753 

Met according to adjournment. 

Mr. Zebulon Gidding made oath that he would faithfully exe- 
cute the ofiice of a Collector of Excise agreeable to Law according 
to his best skill and judgment. 

The Report of the Committee about the Prison and the New 
Vote for a Committee to look out a place suitable to build a prison 
upon &c. sent uy> by Mr. Knight and Deacon Philbrick, who also 
were to enquire if the vote of allowances was assented to by the 
Governor. 

The Secretary came into the House and in Answer to the mes- 
sage by Messrs Knight and Philbrick relating to the vote of allow- 
ances said, that his Excellency said the vote for allowances should 
pass with the act, but that one shoiild not pass without the other. 

Voted That the muster Roll of the men under Capt Job Clem- 
ents scouting and guarding the Frontiers in the year 1748, as as- 

14 



1210 PROVINCE OF NEW-IIAMrSHIRE. [1753. 

oertained and made up amounting to the sum of Eighty six Pounds 
seven sliillings and three pence new Ten"" be allowd and jjaid out 
of tlie money in the Treasury each man's wages to be paid him, 
his order, attorney or legal Representative. Sent up by Mr. Wig 
gen. 

[r. 345.] The House adjourned till three of the clock in the af- 
ternoon by order of the Speaker. 

Post Meridiem 

Met according to adjournment. 

The ace' of Capt. Mark Langdon amounting to the sum of one 
Pound twelve shillings and three Pence new Ten"" allow'd him and 
paid out of the money that is or shall be in the Treasury. Sent up 
by Docf March & Mr. Tuck. 

Mr. Knight and Mr. Lovewell went with a verball message to 
his Excellency the Governor and Council signifying that the 
House desird there might be a Conference of a Committee of the 
Council and of the House with his Excellency. 

Voted That the consideration of Mr. Mitchell's ace' be deferrd 
till a further day, and that the plan brought into the House by Mr. 
Mitchell be returnd to him. 

The Secretary came into the House and said in answer to the 
message about a Conference that his Excellency and the Council 
were ready to have a Conference and that ])crsons were appointed 
for managers. He also said the vote for allowances Avas assented 
to by the Governor. 

Voted That Mr. Speaker, Mr. Sherburn, Capt. Jenness, Capt. 
Bell, Doct. March and Mr. Livermore be the persons from this 
House to joyn in the Conference. 

The House adjournd till tomorrow morning Eight o'clock by 
order of the Speaker. 



Saturday May 12'" 1753. 

Met according to adjournment. 

[p. 346.] The House adjournd for the space of ten minutes by 
order of y" Speakei*. 

Met according to adjournment. 

Voted That the Travil to be allowd to each member of this 
House be as set against his name. 

The House adjournd for the space of ten minutes by order of 
the Speaker. 

Met according to adjournment. 

The Act for granting unt© his Majesty the sum of Twelve 
Thousand Pounds, Voted to be Enacted. Sent up by Deacon 
Philbrick and Mr. Thomas, (a) 



1753.] JOURNAL OF THE HOUSE. 211 

(a) Journ. C. & Asseni. Maj 24, 1753. Upon readiii? at the board the 
Bill for supplyiug the Treasury with the sum of £12500 the following 
Questions was put^to his Maj'J'^ Council by his Excellencys orders : 

Q. pt. Weither the Governour's consenting to the Act for issuing 
£12500 out of the Treasury is not contrary to the true intent and meaning 
of an Act of Parliament made & passed Nov^ 10, 1747, wherein the Gov- 
ernoiirs amongst other things are expressly forbid under the severest 
Penalties to consent to any Act, vote or order or allowance for re-issuing 
or postponing any money in the Treasury contrary to the act whereby it 
was placed there. 

Q. 2^ And weither such a consent if contrary to s'' Act will not be ipso 
facto void and consequently useless for the Purposes intended to be an- 
swered by it ? 

Upon which the Question was Put weither the Council would advise his 
Excellency to consent to the passing the Act referr'd to in the above 
Questions & weither his so consenting would not be contrary to the Intent 
&, meening of the said Act of Parliament in the s^i Questions mentioned 
&c. — To which the Council did unanimously agree That his Excellencys 
passing the said Act for the supply of the Treasury with £12500 is noway 
contrary to the said Act of Parliament, nor the true Intent and meaning 
thereof, and therefore advised his Excellency to consent to the same. 

The Act for supply of the Treasury with the sum of £12500 as sent up 
(Passed by the House) the 12"' Inst, being read at the board a third time 
Passed by the Council to be Enacted — to which his Excellency was pleased 
to give his consent. 

Voted That the Treasurer of this Province for the lime being 
pay out of tlie money in the Treasury to such Persons as are eu 
tituled to a premium for Avolves lieads fifty shillings new Tenor for 
each head. And to the Grand Jurors of this Province so much as 
is now due to them for their service as grand jurors agreeable to 
law. And to any Coroners of this Province such sum or sums of 
money as are now due to them from the Province agreeable to 
Law. And such sum or sums of money as are now due to any of 
the Constables of Portsmouth for attending the Respective Courts 
in this Province agreeable to Law. Sent up by Esq'' Philbrick. 

[p. 3-47.] The Secretary came into the House and said he was 
directed by his Excellency to adjourn the Gen' Assembly till 
Thursday the seventeenth day of May lust, and accordingly ad- 
iournd the same. 



Thursday May 17'" 1753. 

A number of the members met sufficient to make a house but 
not the Speaker. The House made choice of Peter Gilman Esq. 
for Speaker pro Tempore. 

Voted that the Travil of the following members of the late Gen' 
Assembly be as follows, viz. The Hon*"^ Richard Waldron, Esq. 
two mile, Moses Leavit Esq. from Stratham twelve mile, Capt. 
Jonathan Thomson from Durham fourteen mile, Edward Hale Esq. 
from New Market thirteen mile. 

The Secretary came into the House and said he was directed by 



212 PROVINCE OF NEW-HAMPSHIRE. [1753. 

his Excellency to adjourn the Gen' Assembly till Thursday next 
ten of the clock in the forenoon and accordingly adjournd the 
same. 



Thursday May 24"> 1753. 

Met according: to adjournment. 

The House adjournd till three of tlie clock in the (afternoon by 
order of the Speaker. 

Post Meridiem 
Met accoi'ding to adjournment. The Secretary came into the 
House and said that the Governor had assented to the Treasury 
bill for the sum of twelve Thousand five hundred Pounds and that 
[p. 348.] he was directed by his Excellency to adjourn the Gen' 
Assembly till the nineteenth d;iy of June next, and accordingly- 
adjournd tlie same. 



Tuesday June 19"^ 1753. 
Several of the members met but not sufficient to make a house, 
nor the Speaker, the Secretary came into the House and adjournd 
the Gen\ Assembly till three of the clock in the afternoon. 

Post Meridiem 
Several of the members met but not sufficient to make a house, 
nor the Speaker. The Secretary came into the House and ad- 
journd tlie Gen' Assembly till ten of the clock in the forenoon. 



Wednesday Jmie 20"^ 1753. 

Met according to adjournment. 

Sam' Davis made oath that he was in the service of this Prov 
ince in y" year 1748 imder the Command of Capt. Job Clements, 
dec"^, one month. Josejih Tibbets (being a Quaker) affirmed on 
the pains and Penalty of Perjury that Bryent Davis a servant of 
his was in the service of this Prov*^ as a centinel under Capt. Job 
[i». 349.] Clements, Dec" one month in y« year 1748. 

The Secretary bro't into the House the Petition of David Elliot 
and two persons with it. 

Whereas it appears that the advance Wages is twice deducted 
out of the muster Roll of Capt. Job Clements at Chester and Bar- 
rington in y*" year 1748, who were enlisted April 7, 1748, 

Voted That the sum of forty four Pounds deducted out of the 
foot of the said muster Roll be allowed and that each man Receive 
for his wages the sum carryed off against his name in the column 
of what is due. Sent up by Esq. Philbrick. 



i 



1753.] JOUEXAL OF THE HOUSE. 213 

Coll. Gilraan bro't into the House the Petition of Wni. Walker. 
Upon readino- the Petition aforesaid, Voted that there be paid unto 
the Execuf tt Admin'' of John Rawlins mentioned in the s'^ Peti- 
tion out of the money in the Treasury the sum of six pounds thir- 
teen shillings and seven 2>ence new Ten"" for the nine weeks and 
five days service mentiond in the said Petition (the same not hav- 
ing been yet allowd) and unto Cajit. "William Walker the sum of 
five Pounds five shillings new Ten"" for Billeting the said John 
[p. 350.] Rawlins at the same time. Sent up by Esq. Philbrick. 

Nath' Huggins made oath that in the year 1748, he was one 
month in the service under Capt. Job Clements & Cai)t. Jon" 
Chesley and y' he can't find he has been allowed for more than one 
half of that time. The House adjourned till three of the clock 
in the afternoon by order of the Speaker. 

Post Meridiem. 

Mot accerding to adjournment. 

Upon Reading the Petition of David Elliot, 

Voted Tliat the Petitioner be lieard upon the s'^ Petition on 
Thursday the 28"' Day of June Inst, if the Gen' Assembly be then 
sitting, & if not then sitting, then on the third day of the sitting 
of the Gen' Assembly next after next week, and that the Peti- 
tioner at his own cost serve the adverse party with a eo})y of this 
Petition and of the order tliereon, to sliew cause, if any he have, 
Avhv the Prayer of the Petition should not be granted. Sent up 
by Esq. Philbrick. 

Voted that there be paid out of the money in the Treasury unto 
[p. 351.] David Welsh the sum of three Pounds and ten pence 
half ])enny new Ten"" for thirty one days omitted in the muster 
Roll of Capt. William Walker. Sent up by Esq. Page. 

Capt. Jeremiah Clough came into the House and moved for a 
further allowance upon a muster Roll which he exhibited in y"" 
year 1747, and the House upon considering his motion determined 
unanimously to make a fuilher allowance. 

Voted Tliat the Treasurer send out liis Warrants for collecting 
the Province Tax of the thirteen Thousand Pounds for the curr't 
year agreeable to the prices affixed and set to the articles men- 
tioned in a vote passd by this Ho\;se on the twenty-first day of 
October 1752. Sent up by Capt. Wentworth. 

Voted That there be allowed and paid unto Mr. Hunking Went- 
worth out of the money in the Treasury the sum of two Pounds 
six shillings and three pence new Ten'' in full for his ace' for a 
Book of Records for tlie Inf' Court. Sent uj) by Mr. Hale. [The 
foregoing all concurred.] 

The House adjourned till tomorrow morning nine o'clock by 
order of the Speaker. 



214 PROVINCE OF NEW-HAMPSHIRE. [1753. 

Tliursday June 2P' 1753. 

Met accortling to adjournment. 

[p. 352.] Voted That the Hon'''^ Meshech AVeare Esq. and Mr. 
Henry Sherburn jun' be a Committee of this House to joyn Math 
such as may be appointed by the Hon''''' Council to encjuire into 
the state of the Massachusetts demands relating to Fort Dunimer, 
to procure and prepare all necessary Papers in order to make a 
true Representation of that matter and forward the same to John 
Thomlinson Esqr. agent for this Province at the Court of Great 
Britain as soon as may be, at the Expence of the Province, and 
that the said Committee make Report from time to time to the 
Gen'. Assembly of their Proceedings. Sent up by Mr. Lovewell. 
[Concurred.] 

The Secretary bro't into the House Sundry papers relating to 
Fort Duramer. 

The Secretary bro't into the House a Petition of Mr. Jona. 
Lovewell &c. (a) Upon the reading the above Petition, Voted 
That the Petitioners be heard on the said Petition on the third day 
of the sitting of the Gen'. Assembly next after the first day of Au- 
gust next and that the Petitionei's at their own cost cause the sub 
[p. 353.] stance of s'^ Petition and of the order thereon to be put 
into the Post Boy Print three weeks successively that any person 
or persons that may be affected by the Prayer of s'' Petition's be 
ing granted may appear and sheAV cause, if any they have why the 
Prayer of the s'' Petition should not be granted. Sent up by Mr. 
Lovewell. 

(a) "Prayhig to be enabled to lay a Tax upon the unimproved Lands 
lying: in the said town to Defray the cliarj^e of building a bridge over 
Nashua river." Joun. C. «& Ass. June 21, 1753. 

The House adjourn'd till tomorrow morning nine of the clock 
by order of the Speaker. 



Fryday June 22'^ 1753. 
Met according to adjournm*. Upon Reading the Petition of 
William Parhan, John Itldelle & Alexand"" Macmurphy selectmen 
of Derryfield, Voted That Mr. Zebulon Gidding be a Committee of 
this House to joyn such as may be appointed by the Hon''''' the 
Council to go and take a view of the two ways referr'd unto in 
the s'' Petition and Notify the Selectmen of Derryfield for this 
j)resent year, and those Persons who were Selectmen of Deiryfield 
tor the year 1752 to be presenl, if they please, and make Report 
to the Gen' Assembly as soon as may be which of s"^ ways appears 
to be most convenient for the public or whether it is best they should 
[p. 354.] both remain, and that the cost be defrayed by Derryfield. 
Sent up by Mr. Lovewell. 



1753.] JOURNAL OF THE HOUSE. 215 

Pane Tibbets made oath that he was in the service of this Prov- 
ince in the year 1748 under the command of Capt. Job Clements, 
dec'd. 

Upon Readincj the Petition of Jonathan Longfellow against 
Abner Clough, Voted the Petitioner be heard upon the said Peti 
tion on the third day of the sitting of the Gen^ Assembly next af- 
ter the first day of August next, and that Execution of the Judg- 
ment referr'd unto in the said Petition be suspended in the mean- 
time and that the Petitioner at his own cost serve y*^ adverse Party, 
Abner Clough with a Copy of the s*^ Petition and of the order 
thereon to shew cause if any he have why the Prayer of the Peti- 
tion should not be granted. Sent up by Mr. Knight. 

Voted That Pichard Jeniiess Esq. be and hereby is desired to 
prepare a Bill for the suppressing of Private Lotterys. 

[p. 355.] The House adjournd till three of the clock in the af- 
ternoon by order of the Speaker. 

Post Meridiem. 

Met according to adjournment. 

The House adjoiu'nd till tomorrow morning nine o'clock by or- 
der of the Speaker. 



Saturday June 25"^ 1753. 

Met according to adjoiirnm'. 

Voted That the sum of seven Pounds three shillings and nine 
Pence New Ten"^ be allowd and paid unto Capt. Jona. Chesly out 
of the money in the Treasury in full of his ace' for haling sundry 
stores &c. from Durham to Nottingham, and tliat the s*^ Chesly 
Receive his wages as settled in his nnxster Roll accounting for 
what he rec'^ to the Treasurer, for advance wages. Sent up by 
Mr. Macmurphy. 

The House adjournd till Monday next three of the clock in the 
afternoon by order of the Speaker. 



Monday June 25"^ 1753. 

Mr. Speaker and a number of the House met & the House ad- 
journed till tomorrow nine o'clock by order of the Speaker. 



Tuesday June 26, 1753. 
Met according to adjournment, & the House adjourn'd till three 
o'clock in the afternoon, by order of the Speaker. 



216 PROVINCE OF NEW-HAMPSHIRE. [1753. 

[p. 356.] P. M. June 26. 

Met according to adjournin' [and adjourn'd till] 

Wednesday, P. M. June 27"\ 

Voted, That Henry Sherburn jun'' be Clerk of this House pro 
Herapore, Math. Livermore Esq. Clerk of the House being sick. 

Whereas a vote passed the General Assembly y*^ 27"" May 1748, 
That Josej)]! Pudney should be posted at the Garrison in Rumford 
from y*" 27"' of May to the last of Se])tember following, 

Voted, That there be allowed and paid unto the said Joseph 
Pudney or his order out of the money in the Treasury Twenty 
pounds eighteen shillings & six pence in full for wages. Billeting 
and amunition during y*-' s'^ Time. Sent up by Mr. Macnmrphy. 
[Concurred.] 

Mr. Secretary brought down the Petition of Joshua Present tt 
also the Petition of Samuel Adams. 

The House adjournd till tomorroAV nine o'clock by order of the 
Speakei'. 



[p. 357.] Thursday June 28, 1753. 

Met according to adjournm'. 

The Petition of Docf Samuel Adams as on file being read — 
Ordered that it be dismissed. 

The Petition of Joshua Present (1) as on file being read. Or- 
dered that it be dismissed. 

This being the day appointed for the hearing the Petition of 
-David Eliot^Both parties appearing the Petition is read and both 
Parties being fully heard by their Council, with drew and then 
the House after mature deliberation on the aff"air Voted That the 
Petition be dismissed. 

The House adjourned till three o'clock by order of the Speaker. 

P. M. June 28, 1753. Met according to adjournment 

A nmster Roll for a number of men under y*" command of Capt. 
Job Clements guarding the Frontiers in y*" year 1748, amounting 
to ninety nine Pounds 16:4, being made up and presented, 

Voted That s*^ nmster Roll be allowed and paid out of the mon- 
ey in the Treasury, that the money be paid to each man, his order, 
attorney or legall Representative. Sent up by Mr. Thomas. 

William Pai'ker Esq. Attorney to Antipas Oilman & others 
bringmg the Petition of s'^ Antipas and others into the House & 
Representing that the time appointed for hearing s'^ Petition was 
passed and moving that a further time be appointed for hearing 
thereof, 

(1) lu C, & Assm. Journal this name is Perkins.— Ed. 



1753.] JOURNAL OF THE HOUSE. 217 

[p. 358.] Voted that the s*^ Antipas GUman and others Peti- 
tioners be heard on their s'' Petition on the third day of the sitting 
of the General Assembly next after the tirst day of August next 
and that tliey at their own cost serve tlie guardians of the minors 
interested in the premises and all other persons interested therein 
who are not petitioners Avitli a copy of the s'' petition and the or- 
der thereon that they may ap[)ear and shew cause if any they have 
why the Prayer of the Petition should not be granted. Sent up 
by Mr. Gidding. 

The House adjournd till tomorrow nine o'clock by order of the 
Speaker. 



Fryday June 29"^ 1753. 

Met according to adjournment. 

The Com''^" api)ointed by the vote j)assed in tliis House on y* 
29"^ Novem'"' 1752 in answer to the memorial of Capt. Wm. Synies 
— reporting that no settlement had been made at Coos agreeable 
to said vote, & that Coll. Symes was desirous to go forward with 
s*^ settlement agreeable to said vote, if further time miglit be al- 
loAved, 

Voted That there [be] a further time allowed for the carrying 
s*^ vote of y'^ 29"' of Novem"" 1752 into Execution under all y'^ Lim 
itations & Restrictions tlierein mentioned, viz. till the last day of 
May next. Sent up by Mr. Jed. Piiilbrick. [Concurred.] 

Voted That all tlie money allowed in Capt. Obadiah Parry's 
muster Roll for Billeting tlie men be paid to tlie Rev'' Mr. Phineas 
Stevens and that he be accountable to the respective persons to 
whom it may belong. Sent up by Mi\ Wiggens. [Concurred.] 

The lion'''" Samuel Solly and Daniel Warner Esqs. came into 
the House and brought tlie House's vote of May 2S"' 1753, for y" 
allowance of his Exc^ the Gov" House-rent &c. & said that the 
[359.] Council thought that the allowance was not enough. They 
also brought a written message from Ids Exc^ w''"' is on tile. 

Governor s 3Iessage. 
[Copied from MS. Grov's Mess. Vol. 11. p. 107.] 
Upon my meeting you in Gen^ Assembly I desired that you would pass 
a resolve to enable the Treasurer to pay me my salary at such times & 
Seasons as would be convenient for me ; the stated time as it now staads, 
being very inconvenient on account of the season of the year. I likewise 
desire that the Treasurer may be enaljled to adjust the price of silver for 
such deticiencys as may be due at the times my salary is paid, or in any 
other way, that may be a saving to the public & not injurious to me. 

E. Wentwokth. 
Council Chamber in 
Portsmouth, 29 June, 1753. 

The House adjournd till three o'clock by order of the Speaker. 



218 PROVINCE OF NEW-HAMPSHIRE. [1753. 

Fryday June 29"^ 1753. P. M. 
Met according to adjournment. 

Mr. Secretary brought doAvn a written message from his Exc/ 
the Gov"" relating a provision for the Fort as on file. 

Governor s Message. 
[Copied from MS. Gov'« Mess. Vol. II. p. 105.] 
Mr. Speaker & ^ 

(rentlemen of the Assembly — 

The provision you have made for the service of his Majesty's Fort 
Wm & Mary to 25^ii March 1753 has had my consent. I have finlher to 
desire that the provision you may malie from that time the Treasurer may 
l)e enabled in your vote to pay Quarterly, that the meu posted there may 
be regularly paid, otherwise there will be little service, neither will the 
Province reap that benefit from their service -W^ they might reasonably 
expect. 

B. Wentwokth. 
Council Chamber, 
in Portsm« June 29, 1758. 

The House taking under consideration the Council's message in 
y" forenoon Relating the House's vote of y" 8"' of May last, Vot- 
ed, That the House adhere to tlieir vote. 

The House taking under consideration his Exey* message of y* 
forenoon relating to the altering the time of paying his Salary ; — 

Voted That his Exc^' tlie Governor be impoAverert to draw his , 
Salary out of the Treasury Quart eily & the Treasurer is hereby 
required to pay the same Quarterly. Sgnt up by Mr. Knight. 
[Concurred.] 

Whereas by an act passed y" 3 of April 1742 there was granted 
to his most Excellent Maj''^ towards the support of his Excellency 
Benning Wentworth Esq. Gov'' & Comd' in chief in & over his 
jyiajtys Pi-ovince of New Hamp"", the sum of Two hundred & fifty 
pounds Proclamation money or in Silver money at 6 : 8 pr oz. etc. 
or in such sums of bills of Credit of this Province as shall be equal 
thereto, to be paid the one half on y" 12"' of June, and the other 
lialf on yM2"' of Decemb: yearly, *& Avhereas the House have 
passed a vote impowering his Exc^ to ch-aw his Salary out of the 
Treasury Quarterly: Now in order that Justice may be done <fc 
that his Exc^ niay Receive the value of said grant — 

[p. 360.] Voted That the Hon"^ Meshech Weare Esq. & 
Henry Sherburn jun. be a Committee of this House to joyn with 
such as may be appointed by the Hon'''" Council to settle and de 
termine y" difference of money from time to time as his Exc^^ Sal- 
ary by virtue of s'^ grant may become due & make report unto 
his Exc^ in order that he may receive y^ full value agreeable to 
said grant, and their Report shall justify the Treasurers paying 
the same. Sent \\p by Mr. Knight. [Concurred.] 

The House adjournd for one quarter of an hour by order of 
the Speaker. 



1753.] JOURNAL OF THE HOUSE. 219 

Met accordinij to adjournment. 

An Act to Inforce the assessing & Collecting of Rates of Taxes 
having been read three Times : 

Voted That it pass to be enacted. Sent up by Mr. Gidding. 

Voted That there be allowed & paid out of the money in the 
Treasury unto the officers and soldiers posted & employed by his 
Exc^ tlie Govern'' at his Maj'^' Fort William & Mary from the 25"' 
1753 to y' 25"^ March 1754, Two hundred & fifty pounds new 
Ten"" to be in full for wages & billeting & all other allowances 
during said Term'tfe that the money be drawn quarterly out of the 
Treasury by his Elxcellency the Governor's warrant. Sent up by 
Mr. Wentworth. [Concurred.] 

The House adjournd for ten minutes. 

Met according to adjournment. 

The House adjournd till tomorrow nine o'clock by order of the 
Speaker. 



[p. 361.] Saturday June y" 30"' 1753. 

Met according to adjournment. 

An Act for calling a meeting of the Inhabitants of the Town- 
ship of Bow and of the Inabitants of the Tt)wnship of B.xrring 
ton both in said Province, to be severally lield within said Town- 
ships Kes])ectively having bcien read three limes, 

Voted That it pass to be enacted. Sent up by Mr. Knight. 

The House adjourned for ten minutes by order of tlie Speaker. 

The House met according to adjournment. 

Mr. Secretary brought down a written message to his Exc^ as 
on file, Reconi' the choice of a new agent, & also and addressing 
his Maj'y for further time for calling in & sinking the Canada 
Emiss : 

Governors Message. 

[Copied from MS. Govs Mess. Vol. II.' p. 109.] 
Mr. Speaker & 
Gentlemen of the Assembly — 

Mr. Thomlinsou who is your present agent, being at Bath for the re- 
covery of liis healtli, where he proposes to remain until tlie month of 
November, it will be impossible for him to attend the business of the 
Province, and he having signified to me, and to the Assembly, that it will 
be necessary for the Government to appoint a new agent, (1) & at the 
same time recommends J. Pownall Esq'', as a (it pei'son : the gentleman is 
an intire stranger to me, and I presume to all in the administration, but 
as he is Reporter to the Lords of Trade he may be the most suitable per- 
son & Mr. Thomlinson mentions that Gentleman to me as a great favor- 
ite at that Board, which may render his servises to the Province more 
acceptable than any other. 

(1) The communicatiou above referred to, cannot be foimd.— Ed. 



220 PROVINCE OF NEW-HAMPSHIRE. [1753. 

Your public concerns at this juncture demand a person that can always 
attend on the offices ^vhen required. & Mr. Thomlinson's health not per- 
mitting him to do that, since Mr. Pownall is an Intire stranger to the 
Government, I should recommend at least that you joyn him with Mr. 
Thomlinsou to transact your aflairs at the Court of Great Britain, w* I 
am hoping will be agreeable to the House. 

By letters I this morning rec'i from England I conceive there is an ab- 
solute necessity for j-our so doing. & that the House joyn with his Maj- 
esty's Council in addressing the King for further time for calling in and 
sinking your Canada Emissions — which the Secretary will inform you 
more fully of. 

It was my intention to have given you a recess at this busy Season be- 
fore the above letter came to me, but I now think it necessary to keep 
you sitting, or to give you but a short adjournment (,if you desire it) until 
these things are finished — Esteeming them quite expedient for the public 
good. 

Council Chamlier in B. Wentworth. 

Portsmo June 30"' 1753. 

Voted That the Honb' Mesliech Weare Esq. Matthew Livcnnore 
Esq. & Mr. Henry Sherbiirn be a Com*'"'' of this House to joyn 
wdtli sucli as naay be appointed by the Hoiib' Conneil Immediately 
to prepare & lay before the Geu^ Assembly an address to his most 
Gracious Majesty, Humbly Representing the state and circum- 
stances of the Province with regard to the paper Currency, the 
2;reat load ol" Debt contracted in promoting tlie intended expe- 
dition ag'' Canada, & carying on the late war, Hoav far short the 
sum repaid by his Majesty falls of what the Province Disbursed 
to promote the intended Expedition and that it is xitterly im- 
possible for the Government to sink the Bills Emitted for that use 
all at once without involving the Province in certain Ruin, & 
Humbly praying for further time to call in and sink said Bills. 

Sent up by Mr. Page. [Concurred.] 

[f. 362.] Mr. Secretary caine into the House & adjournd the 
General Assembly by the Gov''' order to Tuesday y" 10"" day of 
Julv next. 



Tuesday July 10"^ 1753. 

A number of the House met, but not sufficient to make a House, 
nor the Speaker. The Secretary came into the House and by his 
Excellency's order adjournd the Gen' Assembly to three of the 
clock in the afternoon. 

Post Meridiem. 

Met according to adjournment. 

Mr. Speaker Weare being absent and not able to attend by 
reason of Indisposition of Body, Mr. Henry Sherburn Jun'' was 
chosen Speaker pro Tempore. The House adjournd till tomorrow 
morning nine o'clock by order of the Speaker. 



1753.] JOURNAL OF THE HOUSE. 221 

Wednesday July 11'^ 1753. 

Met according to adjouriinient. 

Voted tliat his Excellency be desired to lay before tlie House the 
lette]"s referred unto in his message to the House of the thirtyeth 
day of June last. Sent up by Mr. Knight. 

The Secretary bro't into the House the Petition of Timothy 
Clements and one of Xathan Kendall, John GoiFe & others, (a) 

(a) Jour. C. & Ass. July 11, 17.")F!. A petition signed Timothy Clements 
praying an allowance lor measuring and taking a plan of Winnipiseoca 
Pond read and sent Down to the House of Representatives. 

Tlie petition of Jeremiali Coleburne, Natlianiel Kendall and otliers 
Praying that u road near Amoskeag falls as ordered by the Qr. Sessions 
may be confirmed &c. read and ordered to be sent down to the House of 
Representatives. 

[p. 363.] The Secretary came into the House ct in answer to 
the message of this House to Ids Excellency this day said That las 
Excellency said he tho't it would be dishonorable to the Board of 
Trade to lay their letter before the House, that sundry of the mem- 
bers had seen it, and y* he made no doubt but that others of y"' 
might see it in a private ca])acity. 

The House adjournd till three of the clock in the afternoon by 
oixler of the Speakei". 

Post Meridiem. 

Met according to adjournment 

It being put to vote whether the House would join any other 
person with Mr. Thomlinson to transact the affairs of this Prov- 
ince at the Court of Great Britain, it ])assed in the Negative. 

Voted That tlie muster Roll of Major Thos. Davis be allowd 
amounting to the sum of Ten ])oinids eight shillings and three 
pence New Ten"" and ])aid out of the money in the Treasury to the 
s*^ Major Davis, and y' he be accountable to the Respective Per 
sons. Sent up by Mr. Lovewell. 

[p. 364.] Voted That the additional lunster Roll of Capt. Jon- 
athan Snow for Billeting amounting to the sum of fifty four Pounds 
eight shillings and nine pence New Ten"" be allowd and ])aid unto 
the s'^ Snow or his order out of the money in the Treasury. Sent 
up by Mr. Lovewell. 

The Conmiittee appointed to tell over and Receive the Tax 
money to be burnt making Report that they had rec'd of Geo. 
Jaffrey Esq. Treasurer Five Thousand four hundred and seventy- 
five Pounds two slullings old Ten'' and burnt it in the face of the 
Gen' Assembly, Voted y* the s'^ Report be receiv'd and accepted. 

The Secretary came into the Plouse & said he was directed by 
his Excellency to adjourn the Gen' Assembly till Tuesday y'^ 24"' 
day of July Inst, ten of the clock in y*-' forenoon and accord 
ingly adjournd the same. 



222 PliOVINCE OF NEW-HAMPSHIKE. [1753. 

Tuesday July 24"^ 1753 

Met according to adjournment. 

The Committee for selling the Excise laying before the House 
their account lor selling the same amounting to the sum of Eight 
Founds four shillings and four pence half penny New Tenor, 

Voted That the same be alloAved and paid unto the s*^ Committee 
[p. 365.] out of the money in the Treasury put in as Excise money. 
Sent up by Major Davis. [Concurred.] 

The House adjourn'd till to morrow morning nine o'clock by 
order of the Speaker. 



Wednesday July 25"' 1753. 

Met according to adjournment. 

Voted That there be allowed and paid out of the money in the 
Treasury unto Israel Pierce or order the sum of Three Pounds ten 
shillings new Tenor in full for his guarding at Rochester in the 
year 1748 imder Capt. Job Clements, as a listed soldier two 
months, nothing having been allowed him in the muster Koll al- 
i-eady made up, excepting two Pounds new Tenor advance wages. 

Sent up by Capt. Weutworth. [Concurred.] 

The House adjourned till three of the clock in the afternoon by 
order of the Speakei-. 

Post Meridiem. 

^let according to adjournment. 

The Committee appointed to tell ovei- and receive the Tax 
money to be burnt, making Report that they had received one 
thousand two hundred and fifty eight Pounds five shillings and 
nine pence of old Tenor, y* same was bro't into the House and 
burnt in the face of the General Assembly. 

Voted That the said Report be received and accepted. 

[p. 366.] The House adjournd till tomorrow morning nine of 
the clock by order of the Speaker. 



Thursday July 26"^ 1753. 

Met according to adjournment. 

Voted That Mr. Henry Sherburn jun, Speaker of the House pro 
Tempore be and hereby is desired, authorized and Impowerd to sign 
in behalf of this House the Address of his Majesty's Council and 
Assembly of this Province unto his most Excellent Majesty and a 
Duplicate thereof, Voted This day to be presented unto his most 
Excellent Majesty. And that the Committee already appointed to 



1753.] JOURNAL OF THE HOUSE. 223 

correspond with John Thonilinson Esq. agent for this Province at 
the Court of Great Britain be and hereby are desired to forward 
the s** Address and to request him the s'' John Thonilinson Esq. to 
present and enforce the same. Sent up by Coll. Oilman, Esq'' 
Philbrick & Mr. Knight. [Concurred.] 

Voted That the Committee already a})pointed to correspond 
with John Thonilinson Esq. agent for this Province at tlie Court 
of Great Britain, be and hereby are desired to write to him the s'' 
John Thonilinson Esq. desiring him still to continue agent for this 
Province at the s*^ Court. Sent up by Col. Gilman Esq. Philbrick 
& Mr. Knight. [Concurred.] 



[The following is the Address to his Majesty, above referred to. — Ed.] 
[Copied from MS. " Addresses to the King," pp. 89-0;).] 



Province of 



:e of ) 



N. Hamp' 5 T'* '^n'"^ King's most Exckllext Majesty. 

The Memorial of j'our Majesty's Council and Assembly of jour Majesty's 
Province of New Hampshire in New England most humbly shews : 

That in the year one thousand seven hundred and forty three, your Maj- 
esty's Province of New Hampshire had not more than six tliousand Pounds 
new Tenor in Paper Bills then P^xtant, on tiie credit of the (iovernment, 
which sum was emitted by several acts agreeable to your Majesty's In- 
structions to the Governour of tliis Province, and conformable to the said 
acts hath been applyed to the payment of and discharging such debts as 
arose in supporting this j-our Majesty's Government and in Executing your 
Majesty's order and Commission in settling the dividing line between this 
Government and your Majesty's Government of the Massachusetts Bay. 
The whole of which sum hatli, agreeable to the several Periods fixed in 
the several Acts for emitting the same, been from time to time duly levyed 
and burnt to ashes, so that our Public Debt was then comparatively small 
and no great Difllculty attended the sinking said sum, the last of which 
was brought into the Treasury in the year one Thousand seven hun- 
dred and forty Nine. But so it happened Maj' it please your Majesty, 
that your Majesty being tired with forbearance, very justly declared War 
against the French King: His Excellency the Governour of this Province 
receiving your lloj'al Comands to put this Province into the best Posture 
of Defence its circumstances would admit of: Dutj' and Inclination im- 
mediately obliged us to involve ourselves not only in Defending the Fron- 
tiers of this your Majesty's Province against the Incursions of the Indian 
Enemy (to which this Province In time of War Is much exposed) but to 
assist (beyond our proportion and ability) in carrying on an Expedition 
against your Majesty's Enemys the French settled at Loulsbourgh, Neither 
of which could possibly be efl'ected and carryed into Execution without 
an Emission of Paper Bills. This and this only was the occasion of our 
breaking through our Determination & Pcsolutlon to have no more Paper 
Bills on the credit of the Province Extant than what was allowed by your 
Majesty's Immediate Instructions, and this necessarily occasioned an Emis- 
sion of paper Bills of Credit to the amount of thirteen thousand Pounds 
New Tenor in the month of February one thousand and forty four, and 
by the act by which the same was Emitted,, A Tax of thirteen Tliou- 
sand Pounds ne w Tenor on the Polls and Estates within this Province was 



224 PllOVINCE OF NEW-HAMPSIIIRE. [1753. 

granted to your Majesty for the IJcpaymcnt of said sum, in ten equal an- 
nual payments, eommencing the twenty-tifth day of December one Thou- 
sand seven hundred and flfty-one : — That most of this Emission was im- 
mediately expended in Levying and Embarking our Troops in the said 
Louisbourg Expedition, and the seige continuing longer than was expect- 
ed and having at the same time repeated Informations from the General 
there, of the Necessity of a Reinforcement of men and of a Supply of Pro- 
visions and Avarlike stores, caused a New Levy of three Companys, the 
charge of which caused auotker Emission of six Thousand Pounds new 
Tenor in Bills of Credit, and for the Repayment thereof A Tax of Six 
Thousand Pounds new Tenor was granted to your Majesty on the Polls 
and Estates in this Province to be levycd in six equall Annual Payments, 
commencing the twenty-lifth day of DeccniDer one Thousand and seven 
hundred and Sixty one. soon after which we had the News of the City and 
Country s thereabouts being surrendered to your Majesty's arms, and it 
being absolutely necessary that a sufficient Garrison should be maintained 
there untill your Majesty's Pleasure could be known thereon, and the Ex- 
pence having exceeded the Provision there made and the greater part of 
our men being detained there, made it necessary to emit more Paper Bills, 
and this was the sole Reason of athird Emission of Paper Bills in the month 
of Octo1)er one Thousand and seven hundred and forty-live to the amount of 
Eight Thousand Pounds New Tenor, and a Tax granted as aforesaid for Re- 
paying the same in four equal annual payments, commencing the Tweaty 
fifth clay of December one Thousand seven hundred and sixty three. 

That in the Summer of the year one Thousand seven hundred and 
forty-six His Excellency the Governor of this Province by your Majesty's 
order Informed us, of your Majesty's gracious Intentions of an Expedi- 
tion aL-ainst Canada, your Majesty at the same time directing and ordering 
the Levying, cloathing and arming as many men as coidd be got ready and 
transports equipped to embark them by the time proposed for your Maj- 
esty's forces from Europe arriving in America, all which this your Maj- 
esty's Province of New Hampshire readily and cheerfully coniplyd with 
and obeyd. But then. May it please your Majesty, it was impossible for 
us to do any thing to purpose in this afl'air, without a further and larger 
Emission of paper Bills inasmuch as our former Emissions were all Ex- 
pended and the Province greatly in debt by the heavy charge of support- 
ing a great number of men to protect, defend and cover our Infant 
Frontiers : 

That to promote the Intended Expedition against Canada the sum of 
Sixty Thousand Pounds new Tenor Bills of Credit was emitted and that 
in the Act for Emitting the same no particular Period is fixed for calling 
in and sinking said Bills, But it is declard in the said Act, That in case 
the charge & expense this Province should be at in the Prosecution of the 
s<i Expedition against Canada, should be Repaid by your Majesty or out of 
the Revenues of the Crown, then the money so repaid should be put into 
the Treasury as a Fund for the immediate calling in and sinking said Bills 
by exchange with the Possessors thereof or otherways as the General As- 
sembly should order, and in case the sum so repaid should fall short of 
the sum expended in the s"^" Expedition that what should be so wanting 
should be levyed by a Tax on the Polls & Estate of the Inhabitants within 
this Province in such way and manner as the Gen' Assembly should de- 
termine at their next session after that matter could be ascertained. 

Now we beg leave to inform your Majesty, That notwithstanding your 
Majesty's gracious Bounty in granting us a Reimbursement of our Expen- 
ses occasioned by the Expedition against Louisbourg & such a part as 
seemed agreeable to your Majesty's wisdom and goodness to grant tow- 
ards the defraying the chargeincurred by the intended expedition against 
Canada which (w^ trust) will be handed down to and gratefully remem- 
bered (in a most dutiful Behaviour) by our latest Posterity : — Yet, with- 



1753.] JOURNAL OF THE HOUSE. 225 

out your Majesty's giMcious aid I'revents, our Difliculties are such as wc 
must inevitahl)' sink into Kuiu — tbrasmucli as the rcmaiuiug charge of 
the Canada Expedition together witli the Heavy expeuce in Defending 
the Frontiers of this Province from the Inroads of tlie Indian Enemy, 
Avliicli our near situation to Canada peculiarly exposes us unto in time of 
AVarr has involved us in a very heavj- debt exclusive of the Incidental 
charges of the Government : We would beg leave further to observe to 
your Majesty, That Avith respect to the Intended Expedition against Can- 
ada, this Province, considering its situation and other circumstances, 
was at a much greater expense tliau any of your Majesty's other Govern- 
ments : — the men raised here having (besides their Billeting money first 
given them) their Provision constantly delivei-ed them a great part of the 
time, The Transports for carrying the Regiment of a Thousand men 
equipped, victualled and manned, in the constant pay and sul)sistanco 
of this Government till late in the fall of that year; — all which charges 
and many others incident to buch Expeditions fall intirely upon tlie In- 
habitants of this Province to pay by a tax upon the Polls and Estates 
within the same; the only waj' we have of raising money here. Ma}"- it 
please your Majesty; — Your Majesty's subjects in this Province are not 
desirous of large Emiss;ions of paper Pills, nor of Extending them to 
farther Periods than the situation .."t circumstances of thf Province abso- 
lutely require, and far from desiring to jiostpone the payment of anj'^ I'a- 
per Bills now out, But willing to sink all at the periods tix'd in the sev- 
eral acts for emitting the same, and doubt not we sliall be able to ac- 
complisli it, if not prevented in our i)rojected scheme cah'ulated for 
answering that end, — which, we beg leave to inform your ]\Iajesty is to 
invest the money Your Majesty luis been graciously pleased to grant us, on 
account of the said Expedition, in some of the National Stock (or 
funds) and y* the Interest may be apply'd ammally for a number of years 
for the sinking of the Bills emitted for and improved towards the intend- 
ed Expedition against Cauada, together with a Tax to be laid on the Polls 
and Estates on the Inhabitants within this Province So that all our Paper 
Bills now extant shall be t)ro't in by the time tixed in the several Acts for 
emitting the same, and this we hope will meet with j'our Majesty's gra- 
cious favour and approbation, as it tixes our money in England and will 
enable us not only to call in our I'ajjcr Bills, but also put us into a capac- 
ity of supporting in a more honorable way the Dignity of this j'our Maj- 
esty's Government, than possibly we can if suddenly prohibited the use 
of our paper currency, and as we humbly conceive doth not militate Avitb 
the act of Parliament for Regulating and Restraining Paper Bills of Credit 
in your Majesty's Colonys or Plantations of Rhode Island &c. nuide and 
passed in the twenty fourth year of your Majesty's Reign. 

Except this be indulged us by j'our ^Majesty we can see no way in Pros- 
pect we have of being al)le to pay our just De])ts or to support the Hon- 
our and credit of this yoi,ir Majesty's Governmf. AVe beg leave further to 
Inform your Majesty that over and above the sums before mentiond, an 
Act of Ass'" passed here in the month of May last for granting unto your 
Majesty the sum of Twelve Thousand live hiuulred Pounds New Tenor to 
be raised upon the Polls and Estates of the Inhabitants within tins Prov- 
ince for Discharging the arrearges due in supporting the (Government, 
Defending the Frontiers in the late Warr and Promoting the Intended 
Expedition against Canada, many just Demands occasioned by that Expedi- 
dion having not yet being satisfyed, which sum is by the s^' act to be paid 
into yo Treasury in Ave e(iual annual payments commencing the last 
day of December one thousand seven hundred fifty three : 

That we are now Burthened with an annual Tax of three Thousand eight 
hundred Pounds new Ten'', besides Avhat we must raise for the necessary 
support of the Governm^ in those years, which amounts to double the sum 
ever rais'd in this Province in anyone former year and which by no means 

35 



220 PROVI^'CE OF NEW-nAMrSHlUE. lUoS. 

(as we can foresee) can be raise! if our Paper Bills f-liould be immediately 
calld in and sunk, we having neither silver or gold passing amongst us. 

We have, May it please your Majesty, endeavoured to state the facts in a 
.j-:ist and true light. Wherefore We most humbly pray that your Majesty 
will be pleasd to suffer and allow us to put the money grantetl us by your 
Majesty on account of the s^' Expedition, into some of the public funds or 
stocks in England and remain there u few 3'ears, till by the help of the In- 
terest thereof we shall be enabled to Extricate ourselves from the great 
(lifficultys we now labour under. And that as there is no certain time 
lixed in the Act for eniitting the sum of Sixty Thousand Pounds for the 
Intended Expedition against Canada, when the same shou'd be called in 
and burnt, your Memorialists most humbly pray that your Jlajesty will be 
graciously pleased to grant such an Instruction to his Excellency our Gov- 
ernor, as that he may be enabled to pass an Act for raising so much of s'' 
sum by a Tax annually on the Polls and Estates of the Inhabitants of this 
Province, as shall with the annual f nterf^st of the money granted by vour 
Majesty sink the said sum of Sixty Thousand I'ounds by the end of the 
.year one thousand seven hundred and sixty six. 

Pi"Ovince of 
New Hampshire 

In the House of Ifejivcsentutives, July 2G"' 1753. Voted, That 
tlie foregoinc^ Address be ]M'esented unto liis most Excellent Maj- 
esty. 

Hen. Sherltuni, Speaker 
l*ro tempore. 



I'NoTK. The Letter of the Comniittcc to John Tiiomlinson Esq. cannot 
now be found; but the following, which appears to be in Mr. Thomlin- 
^sou's own hand, is his reply to the letter sent. — Ed.] 

[Copied from MS. Corr. Vol. IF. pp. 8.-1-87.] 

East Barnet, y»-Mltii of Octr 1753. 
Gentlemen 

fjast week I received your Favor of y« 1*^ of August inclosing a vote 
of your Assembly for continuing me your Agent, and a Memorial; and 
the' I had wrote you That it would be of the greatest advantage to tlie 
Province, to make Mr. Powuall your agent, and that I should then con- 
tinue to serve the Province, and every individual in it, to y utmost of 
lay power, yet you have not done it, and which I am sorry for; aud yet, 
I caunot help looking upon the good opinion your Government seems to 
express toward me, )jy this vote, as a great compliment, and you may de- 
pend upon it, I will do every thing in my power to serve you ; But let 
i:ie once more say, that For your own sake's I desire that you will ap- 
point this Gentleman whilst 1 am able to assist him, by acquainting him 
with all things relating to your Government, which he may not otherwise 
1>B so soon made acquainted with. Indeed want of Health was the cause 
which induced me to make this request, for since July 1752 I have not 
been able to get to London above eight or nine Times, aud then, when it 
Vi'as unavoidable and chiefly on the Business of your Province; and just 
after I had wrote you in March last, 1 went to Bath for the Ilecovery of 
i:iy health, aud there was taken with a fit of sickness, which confined me 
there until the latter End of June, and for some time, I continued to be 
given over by ray Physicians, Family and Friends, and since my return 



1753.] JOUIJNAL OF THE HOUSE. 227 

to this place I liavo been recovering Slowl\-, but am ?till cnconiced by 
my riiy-sicians to hope, That by ni^' retiring thus from all kinds of Bn.si- 
nes?, and Kiding constantly (as I now do) lor a Time, will restore me to 
a good state of health. 

i wrote you on y*^^ S'^ of March as fully as I was able, and then told joii, 
that I had purchased for you twenty thousand pounds of three per cent 
annuitys of 17.'31, and sent you the cost which was near Twenty one 
thousand i)0uuds, and that I should lay out tlie remainder of your money 
in my hamis, in the same auimitys, if it should be clieaper, or on my re- 
turn from IJath, and desired you to send me a proper power of attorney, 
to accept it for you in the name of y^ Governor, Council & Assembly of 
New Hampshire, and to receive the Interest thereof, as it should become 
due, so that I nor any Body else will be able then to meddle with or dis- 
pose of it, without a proper ])Ower for that purpose from your Gover- 
nor, Council & As.->embly, and untill you do thus, it must stand in my 
name and be as much ut my disposall. or at the disposallof my Executors 
in case of my Death, as tho" it was my own money. You say you are still 
at a loss to knoAV how the particular ))owcr of attornej- must be executed. 
I think I then told you. But ut present, I think, if tlie Assembly passes 
a vote to impower your Gentlemen to Execute such a power of attorney 
as I have directed, and that vote to be authenticated by y^ concurrence of 
the Governor & Council, and tl»e seal of y"-' Brovince. and" annexed to your 
power, it will be suticient, and when I shall put the Bemainder of your 
money in y Same fund, and put it out of mine, or any Bodys power to 
Touch it, "without proper power for so doing, and shall settle witli Mr. 
Paris, who has just now sent me in Large Bills for this long affair of 
* Fort Dnmmer &c. & send your account perfect, as soon as I am ahle to 
get that and some other little affairs settled, and that you may know the 
state of the Province affairs here with me. I will acquaint you as near as I 
can in my present situation. Tliat your Ballance in my hands of the Ac- 
count I had drawn out in order to send you about two years since, after 
all Fees, charges, Gratuitys &c. and my debts were deducted, was about 
twenty nine thousand, one hundred Pounds, the particulars of which and 
ICvery thing else that I have since done, you shall have as soon as I am 
able to make out your account. And altho' stocks still continue high, 
and I have not been able to lay out your other Eight Thousand pounds, 
in y^ same fund with the other, yet tiiat you may not suffer, I have i)laced 
it atyc same Interest, and I have received £:>00 for the half year annuity 
of ye £20,000, and your account has credit for the same, as it will always 
have for ail your Interest, as I shall receive it. 

As to the Memorial you have sent me, with desire that I will make tlie 
proper and best use of it, and you may depend on it I shall, if ever I have 
occasion to make any use of it, or any part of it : But my present opinion 
is. That the presenting a memorial to liis IMajesty is improper at all times, 
But this memorial would be |)articularly improper, as it prays for leave to 
place your money in the Funds, which is already done in effect, and 1 
think from what I wrote the Secretary in one of the Letters I referr'd to 
in mine to you of ye ?y^ of March, That you have nothing to fear on that 
account, if you remain (juiet on tliat head, and can in all other money af- 
fairs conforin to the late Act of Parliament for regulating & restraining 
Paper Bills of Credit, as you must do, by all means, and if y" £12,500 New 
Tenor you in May last pass'd an Act for, is contrary to the said Act of 
Parliament, are you to tell his Majesty that you have done it. when it is 
not in his Majesty's power to Excusing your Breach of an act of Parlia- 
ment, or Grant an Instruction to his Governor to act contrary thereto? 
Therefore to present this Memorial to his Majesty (supposing it w^as 
decent at any time to Memorial the King) would (in n)y opinion) be in- 
volving you in such difflcultys as may not easily l)e got over, and raise all 
yo.ur Euemys in judgment against you. Therefore I shall keep it by luc 



2t28 PROVINCE OF NEAY-IIAMrSHIRE. [1753, 

in private; however I am glad to have such a clear State of ye affairs of 
the Province in my possession, as it may be oi great use to nie if I should 
l)e call'd upon for any thing j'oa liave done amiss. 

I shall be most heartily glad to have the papers which Mr. Paris and I 
wrote for, to put an end to the aflair of Port Dunmier, as all the applica- 
tion and Interest I have been able to make, has with great dithculty pre- 
vented it being heard thus long, and you must know I have not any thing 
that can enable my council to make a proper Ditl'euce, and if it is 
brought on before I have proper papers, you may judge what will be the 
consequence. 

There is another affair, tho' it was sent me by Mr. Atkinson as a private 
Appeal, yet as the Determination thereof may in some measure affect the 
Province,, it may not be improper here to saj', that tho' Mr. Paris has so 
long since wrote for such proofs as he thinks are uecessaVy for the trying 
that Appeal, yet nothing of that sort is yet come to my hands, I mean that 
of French against ralans))y. 

And now Sirs, give me leave once more to recommend to you to culti- 
vate the happy agreement & Harmony which now seems to subsist 
between the several Branches of the Legislature, and do everything in 
your power for the benefit and advantage of the Province : And for my 
part, I shall (as long as it shall please God to eiuxble me) Endeavour to 
serve you as far as I can, not only while I am continued your Agent, But 
as long as I live. I shall with y*= utmost pleasure, contribute all in my 
power to forwartl the prosperity of the Province for which I have so great 
a value, and can assure you, it is no small proof of my regard for you, that 
I have undertaken to write you so long a Letter, liefore 1 am so far recov- 
ered as to be al)le to engage in writing or meddling with Business of anj- 
consequence. However, 1 am now, and I hope shall always be with great 
Truth- 
Gentlemen, your most hum', serv'. 

John Thomlixsox. 
To Theodore Atkinson "] 

Richard AVibird [_ ^^^^ ^^ 

Mr. Speaker Wear ( ' ^' ' 
Henry Sherbourn j 



The Attorney and /Solicitor GeneraVs lie^jort, dated Aug. 14"' 
1752, relating to certain Ihnynships and Tracts of Z,and; laid 
before his Majesty's Council, Sept. 1, 1753. [See p. 23 of this 
volume.] 

[Copied from Sec>** office, "Prov. Boundaries."] 
New Hampshire — 

State of the Case with respect to certain Townships and Tracts of Land 
granted by the Goverwments of the Massachusetts Bay and Connecticut 
in New England, which Townships antl Tracts of Land are now Part of 
the Province of New Hampshire; Ijy the Determination of the Boundary 
Line between that Province and the Province of the Massachusetts Bay in 
the year 173S. 

Disputes having for a long time subsisted lietween the Provinces of the 
Massachusetts Bay and New Hampshire with respect to their Boundaries, 
in 1733 a Petition was presented on Behalf of the Province of New^ 
Hampshire praying that Commissioners might be appointed to ascertain 
the Boundaries — 

Upon hearing of botli Parties before the Attorney and Solicitor Gen- 
eral, the Board of Trade and the Council His Majesty was pleased by his 



1753.] JOURXAL OF THE HOUSE. 229 

Order in Council the 9"i Febr>' 173G, to direct that a Commission should be 
prepared and pass Under the great Seal, authorizinj? Commissioners to 
mark out the dividing Liue between the rrovinces of the Massacliusetts 
Bay and New Hampshire, giving Liberty to either Party therein who 
thought themselves aggrieved to appeal therefrom to his Majestie iu 
Council. In Pursuance of His Majestys said Commission, Commissioners 
met and reported their Determination specialh', upon which lioth Pro- 
vinces appealed to His Majesty iu Council, and afterwards their Lordships 
reported to His Majesty as their Oppiuion that the Xortltcrn Boundaries of 
the Jilassachusetts Bay are and be a similar curve Line pursuinri the Course 
of Merrimac liiver at three Mies Distance frora the North side thereof begin- 
ning at the Atlantic Ocean and ending at a Point due Xorth of a Place in the 
Plan returned hy the said Commissioners called Pautukct Falls, and a straight 
Line Drav:n from thence due ]]est, crossing the said Hirer till it meets icith 
His 3Iajesttjs other Governments — and that the rest of the Commissioners 
said Peport of Determination be ailirmed by His Majesty. In 173.S, His 
Majesty was Pleased with the advice of his Privy Council to approve of 
their Lordships Peport, and to conlirm it accordingly in Consequence 
whereof the Lino has been mark"d out. 

In the years 173.J and 173(i. while the appeals from both the Massachu- 
sets Pay and New Hampshire were depending before his Majesty the 
•General Assemlily of the Massachusets Bay granted above thirty Town- 
ships between the Pivers Merrimac and Connecticut, which Townships 
upon the running of the Boundary Line iu 173S fell within the Province of 
New Hampshire. The conditions of these Grants were that the Grantees 
should settle the said Townshii)s witliin 3 years after the date of their re- 
spective grants, but this condition has been performed by very few. if by 
any of tlie (irantees no obligation to pay Quit lients or a Peservation of 
Pine Trees tit for the service and supjily of his :Majestys Navy, are insert- 
ed in any of these (irants altho no Grant ought in good Policy to be made 
of any Lands in any Part of Nortii America without both tliese Provis- 
ions which have\ been thouijht of so much Importance and so absolutely 
necessary for the publick service that Mr. Wentworth His Majesty Gov- 
ernor of New Hampshire was particularly instructed in the year nil 
jiever to pass any grant of Lands without enjoining express condition.s of 
cultivation the Peservation of Quit Pents and llie Kescrvation of such 
Pines as are of size for the use of his Majestys Nav.v. 

There are also about GO, 000 Acres of Land situated on tlie West side of 
Connecticut Piver which were i)urchased by i)rivate Persons, from the 
Government of Coun3cticut to whom that Land had been laid out, by the 
Government of the Massachusetts Bay. as an Equivalent for two or tliree 
Townships which the Massachusetts Bay purchased from Connecticut 
Government ; This Tract of Land l)y the Determination of the Boundary 
Line in 1738 is become a Part of New Hampshire, but the Proprietors of 
it are subject to no Conditions of Improvement and the Land lies waste 
and uncultivated. 

(Question. 

Whether tlic Crown can resume the Lands granted by the Province of 
the Massachusetts Bay under Condition of Cultivation those Lands being 
now become a Part of New Hampshire hj tlie running of the Boundarj- 
Line in 1738, in Cases where the Proprietors have not performed the con- 
ditions of their Grants, and if the Crown can what is tlie most advisable 
and regular method of making such Pesumtion? Whetlier in the case of 
the Lands granted away by tlie Province of the Massachusetts Bay to par- 
ticular Persons with out any condition of cultivation, the Crown can now 
inforce tlie Proprietors of such Lands to cultivate them or oblige them to 
take these Lands under new Grants upon the said Lands being made a part 
.of the Province of New Hampshire by the Determinaiion of Boundary 



230 I'KOVIXCE OF XEW-IlAMrsniKE. [1753. 

Line in 17;*..s. We arc clearly of opinion the Crown may rcj^ume the Lands- 
granted on condition of settling within tliree years where there has in 
fact been no settlement. 

With regard to lands granted by the ]\Iassachusetts Bay, without any 
such express condition where there lias l>een no settlement as they appear 
now to have been no part of that province their grants arc in themselves 
void as against the Crown; and there appears no ground to support them, 
but on tiie foot of the direction wliich we lind to have been given in an 
order of Council of the 22 of January 1735, when the commission for mak- 
ing the Dividing Line between the two Provinces was tirst directed, viz : 
That due care should be taken that private property might not be ailected 
by it: We do not And that this direction was continued either in the order 
of the 9"' of February 173G on which the present Commission issued, or 
in the commission itself, or that the commissioners in their report taken 
notice of any such Private rights, or that they are saved in the linal Order 
of the Council that establishes the Boundary Line. However, considering 
the manifest intent of tliese sort of grants whether appearing from the 
general nature or the particular recitals or considerations of them that 
the country may be settled and Inhabited, and the Tacit condition attend- 
ant on tliem tli'e Lands should be settled in a reasonable time : We think 
due care will be taken of the private property arising from these Grants, 
if His Majesty shall be pleased to give these sort of Proprietors a reason- 
able time to come in and accept of new grants upon Terms of settling the 
Lands within a certain time reserving the old t^uit Kent and Pines lit for 
His Majestys Navy; And in case of their not accepting these Terms His 
Majesty may resume the Lands. 

The Proper manner of making such resumption after such default is l^y 
making new grants to such as shall be willing to accept them at such 
Rents and on such Terms as shall be thought most advisable — 

Signed 1). Ryder, 

W. Murray, 
U. Aug. 1752. 

[f. 3G7.] Tlie SL'cretaty bro't into the House tlie Petition of 
Nicholas Smith. 

Upon Kealing the Petition of Xicliolas Smith Voted That the 
Petitioner be heard on the s'^ Petition on the third day of the sit- 
ting of the Gen' Assembly next after the third day of August 
next, and that the Petitioner at his own cost serve all partys in- 
terested in the lands referr'd unto in the s*^ Petition with a copy 
of the s'' Petition and of the order thereon, that they may appear 
and shew cause, if any they h:ue, why the jjrayer of the Petition 
should not be gi'anted. 

Sent up by Mr. ^lacMurphy. [Concurred.] 

Voted That there be paid unto Mr. William Webb out of the- 
money in the Treasury the sxuii of forty shillings new Tenor in 
full f n- drawing a fair copy of an Address to his Majesty, and a 
<luplicate thereof which he is to draw. Sent up by Deacon Phil- 
brick. [Concurred and assented to b}'' the Governor.] 

The House adjournd for the space of live minutes by order of 
the Speaker. The House met according to adjournment. 

[p. 3G8.] A Bill for enabling the Ses=(ions to grant Taveraers, &c. 
past to be enacted. Sent up by Mr. W^iggens & Mr. Hale. [Con- 
cuired.] 



17,53.] JOURNAL OF TlfK HOUSE. 231 

The Soeretary oaine into the House ami said he was directed by 
his Excellency to Prorogue the General Assembly of this Province 
to Tuesday the thirtyeth day of October next, and in his Majestys 
name Prorogued tlie same accordingly. 



December IV^ 17o3. 

A number of the members met according to his Excellency's 
Prorogation, namely. Col. Peter Gilman, Eleazer Kussell, Esq. 
Clem'March, Esff.'Tlu/ Bell, Esq. Deacon Jose])h Philbrick, Dea" 
Jon'' Tuck & Mattheu' Livei'more, and the Secretary came into 
the House and said he Avas dire(;ted by his Excellency to Prorogue 
the Gen' Assembly to Wednesday the Second day of January next 
ten of tlie clock in the forenoon and accordingly in Iris M;jesty's 
name, Prorogued the same. Mem", liich'' Jenness Esij. came 
into the House a few minutes after the Prorogation, but before 
this Entiy was liiiished. Also Mr. Zebulon (iidding came in soon 
after. 



[r. oG!).] Wednesday, Janujtry L^'', 1754. 

^V number of the House met agreeable to I'lorogation, viz. Co!i. 
Gillman, Mr. Gidding, Mr. Wiggin, Deacon Tuck, Ca])t. Jenness, 
Matthew Livermore, iVLr. Knight, Deacon Philbrick, ct Mr. Rus- 
sell, but not sufficient to make a House. And the Secreta^ry came 
into tlie House & said he was directed by his Excellency to ad- 
journ the (xeueral Assembly to three of the clock in the afternoon, 
and accordingly adjournd the same. 

Post Mciidiem. 

A mimber ot the members met, viz. Col. Gilman, Mr. Russell, 
Capt. Jenness, Mr. Tuck, Deacon Philbrick, Mr. Wiggin, Esq. 
Philbrick, Matthew Livermore, IMr. Gidding, Mr. Knight and Doc- 
tor March, met and the Secretary came into the House and said 
his Excellency desired the House to wait upon his Excellency at 
the Council Chamber, which was at the <lwelling House of the 
late Coll. Moore, dec*^. Whereupon the members present waited 
upon his Excellency at the Cotmcil Chamber who made a speech 
to the Gen' Assembly, a copy of which was desired, and deliverd 
by the Secretary to the members and the Papers referrd to in the 
Governour's Speech 

Here follows the Governour's Speech, Namely : 

|_r. 370.] Gentlp.men of the Council and of the Assembly. 

The unprovided state of the Govcrmneut for accommodating the Gen- 
eral Assemblj' in the present Sessions on, venders my attendance extreme- 



232 PROVINCE OF XE\Y-HAMPSHIRE. [1753. 

ly difficult, even in cases that absolutely demand my attention, for •\vhicb 
reason I hope you will unite in dispatehing the business only that requires 
your lirst consideration. 

Gentlemen of the Assemhhj — 

As 3'ou did not take under your consideration in your last Session his 
Majesty's Instruction for compiling a New Bod}- of Laws, I think it Prop- 
er to inform you, That all Laws hereafter to be Enacted bj' the Governor, 
Council and Assembly, are to be past with a suspending clause, and are 
not to be in force, until they have received the Eoyal assent, after which 
they are to become a part of your New Laws. 

The great care token by the Right Hon^'', the Lords Commissioners for 
trade and Plantations in Pointing out a method for eflecting so necessary 
a work & with so great Ease and Safety to his Majesty's Subjects, I think 
cannot fail of pressing you to your Duty in a matter of such importance 
to the Government. Tlie Secretary will lay before you the Earl of Holder- 
ness's letters to me of the 28"i of June &' 28"i of August last. The for- 
[p. 371.] mer relates to the Arms & military stores, supposed to be under 
my care, that were made use of in the intended Expedition against Cana- 
da, & as the conducting of all necessaries for the service of that Expedi- 
tion, was under the management of a Committee of the Council & Assem- 
h\y I must desire that the same Committee may fully Inform me of the 
State of the Arms & Military Stores purchased for that Expedition, that I 
May give a Direct answer to his Lordships letter. 

His Lordships letter of the 2S'ii of August shew the great care his Maj- 
esty takes of his Dominions in North America, and when any danger 
threatens tlicm his ministers never fail ©f giving early Notice thereof that 
they may provide for their own safety and Defence. 

The Execution of the Kings commands signifie to me in his Lordships 
Letter, depends on the aid I am to Receive from the General Assemblj^ & 
it will be highly acceptable to his Majesty to shew your Zeal in this ser- 
vice and a readiness to aford a mutual Assistance in this or any other Ex- 
igencies of the like nature. 

I shall likewise lay before you the right Hon'''ethe Lords Commissioners 
for Trade & Plantations letter to me dated September the 18"^ wherein 
their Lordships inform me, That his Majesty having ordered a sum of 
money to be issued for presents to the six Nations it was the King's pleas- 
ure to direct his Governonr of New York to hold an interview with them 
[p. 372.] for Delivering these Presents and renewing the Covenant chain 
with those Nations, at which interview I am lilcevrise commanded to Rec- 
ommend to the General Assembly of this Province forthwith to make proper 
{.Tovisions for appoinring Commissioners on the part of this Government 
prepared -with Presents as usual and to act in conjunction with the Com- 
missioners of his Majesty's other Governments at the interview. 

His Majesty's graciou-* intention at this critical conjuncture Rescuing 
these Nations out of the French King's Interest, & the superior advanta- 
ges that must arise to the Province by an alliance with those powerful 
Indians, which we were never fullj- interested in before, are irresistible 
arguments for your immediate compliance with his Majesty's pleasure on 
this important occasion. 

The IIon''i" James Delancey Esq. Lieutenant Governor & Commander 
in chief of New York having Transmitted to me a Paragraph of the 
Lords for Trade & Plantations Letter to the Governor of that Province, I 
shall Direct the Secretary to lay it before you, from which you will ob- 
serve that Different measures will be taken at this congress from any that 
have preceded, Tliat it will be more general, and not confined to one par- 
ticular Colony, but that all his Majesty's Provinces that are present by 
their Commissioners will be included in one General Treaty; after you 
have dulv weighed how interesting this alliance will be to the Province, 



i7o^~ JOURNAL OF THE HOUSE. 2oo 

[p. 37o.] ■with liow much more safetj^ the New Towns may be settled 
whereby you will find a surprising increase of Inhabitants, I must not 
doubt of your makinic an ample and honourable grant for this service. 

The Secretary will be directed to lay before you Coll. Hinsdals letter of 
2G"i of November, the contents whereof in one particular Instance de- 
mands an early reply, That I may give the necessary orders relative to 
the case tlierein mentioned ; — which upon Perusing the Letter, you will 
be able to judge how necessarj' it is to be Earlj' in preventing threaten- 
ing Dangers. 

Being apprehensive that if the reports which Prevailed earl}^ in the 
summer, of what is refer'd to in Colonel Hinsdale's letter were true, com- 
plaints would be made thereof at the meeting of the Indians at the iu 

the fall of the year accordingly- I desired the favour of Governor Sliirley 
that his Commissioners might be instructed (upon any com])laintof inju- 
ries said to be done by the Inha])itants of New Hampshire) to assure the 
Indians that upon their appointing a Time & Place they should l-.ave a 
full hearing of the Injuries complained of, and i;atisfaction made accord- 
ing to the nature of the ofl'ence, but there being no complaint of any kind 
whatsoever made at that meeting. I was hoping tiic rumors which Avere 
spread aln'oad were false untill this letter of Colonel Hinsdale's came to 
my hand. 

You are all sensible, Gentlemen, that the last Period for calling iu and 
[p. 374.] sinking the £:.'"), 000 Loan liis Majesty was graciously- pleased to 
indulge this Goveiniment witli, is arrived, by means whereof one half of 
the Salary settled on me cannot be drawn out of the Treasurj' after the 
12"! day of Decemb'last, and till you provide a suhicient fund for the pay- 
ment thereof in some other way tliat may l)e more convenient, and I am 
persuaded you will not foil of making an lionourable ))rovi.^iun for me 
when you take it under your consideration. 

(rentlemni of the 
Council and Assembly. 

I have endeavored to charge the ])resent session with as few things as 
possible, having confined myself principally to his Majesty's commands, 
hy reason of the Inclemency of the season, and other concurring circum- 
stances which render your attendance diflicult, intending as soon [as] you 
dispatch wliat I have recommended, and do furtlier reconnnend in tlie most 
pressing terms as things essentially ter.ding to your present happiness, 
and finally Avill make you a great & nourishing Province, to adjourn you 
to a more convenient season. 

B. WKNTworvTii. 
Council Chamber in 
Portsmouth, Jan>' the 2J 17.")4. 

Copy examined pr Theoilore Atkinson. 



Letters Ileferrcd to hi t/ie Gove)-)tors Jlessage. 

[Copied from MS. Corr. Vol. II. p. yl.] 

Whitehall 28 June. 1753. 
Sir— 

I am to acquaint you that [it] is the King's pleasure, tliat the arms & 
military stores which were made use of, upon tlie Intended Expedition 
against Canada, and which were returned by his Majesty's order, when 
the Troops were dismissed that service, and are now lying in tlie Prov- 
ince of New Hampshire and in your care, should be forthwith transmitted 



234 PROVINCE OF XEW-nAMP8IirKE. [1750- 

tD Govi' Shirley at Massachusetts Bay, to be ready for such services as 
his J.Iajcsty shall hereafter bo pleased to direct. 

T am. Sir, your most obedient humble servant 

IIOLDKRNESSK. 

Governor of Xevv Hampshire. 

Copy of a letter laid before the House, Jan^ L"' IT'A, by his Excellency 
the Gov. 

Attest: Matthew Livermore, Clerk of the House of TJepresentatives. 

[Copied from MS. Corr. Vol. H. p. ,s;}.] 

Whitehall, 28'!' August, 1753. 
Sir— 

His Majesty having Keccived Information of the march of a consider- 
able number of Indians not in alliance with the King, supported by some 
Regular European Troops, intending as it is apprehended, to commit 
some Ilostilitys on parts of his Majesty's Dominions in America, I have 
the King's commands to send you this Intelligence and to direct you to 
nse your utmost diligence to learn how far the same may be Avell grounded 
and to put you upon your guard, that you may at all Events, bein a con- 
dition to resist any Hostile attempt that may be made upon any Parts of 
his Majesty's Dominions within your (iovernmcnt. and to direct you, in 
the King's name, that in case the subjects of any foreign Prjnce or State 
should presume to nuike any Incroachment on the limits of his Majesty's 
Dominions, or to Erect Eoits on his Majesty's Lands, or commit any other 
act of Hostility, you are immediately to represent the Injustice of such 
Proceedings, and to require them, forthwith, to desist from any such nn- 
lawfull undertaking; But if, notwithstanding your Kequisition they 
should still persist, you are then to draw forth "the armed force of the 
Province, and to use your best Endeavours, to liepell force ])y force. But 
as it is his Majesty's i)etermination not to be the aggressor I have the 
King's commands most strictl,v to enjoyn you, not to make use of the 
armed force under your direction, excepting within the undoubted Limits 
of his Majesty's Dominions. 

And whereas it may be greatly conducive to his Majesty's service, that 
all his I'rovinccs in America should be aiding and assisting each other in 
case of any Invasion, I have it i)articularly in charge from his Majesty to 
acquaint you that it is his Koyal will and Pleasure that you should beep 
up an exact correspondence with all his ]\Iajesty's Governors on the con- 
tinent, and in case you shall be informed, by any of them, of any Hostile 
attempts, you are Imediately to asseml)le the (ieneral Assembly within 
your Government, and lay before them the necessity of a mutual assist- 
ance and engage them to grant such supply as the Exigencj^ of affairs may 
require. I have wrote hy this conveyance to all his Majesty's Governors 
to the same purport. 

I am, Sir, j'our most obedient humble serv'. 

HOLDEUXESSi;. 

Governor of Nevp Hampshire. 

A Copy of a letter laid before the House, Jany 2''' 1754, by his Excellency 
the Gov''. 

Attest — Matthew Liverraore 

Clerk of the House of Kepresentatives 

[Copied from MS. Corr. Vol. II, p. SO.] 

Whitehall, Sept. 18*" 1753. 

SiK 

His Majesty liaviug been pleased to order a sum of money to be issued 
for Presents to the six Nations of Indians and to direct his Governor of 
New York to hold an interview with them for delivering those Presents, 



1753.] JOURNAL OF THE HOUSE. 235 

for Buryiuq; the Hatchet, and for Renewing the Covenant Chain v,-ith them, 
we think it our Duty to acquaint you therewith, and as we tind it has been 
usual upon former occasions, when an IntervicAv lias been held with those 
Indians, for all his Majesty's Colonys whose Interest & security is con- 
nected with and depends upon them to join in such Interview, and as the 
present Disposition of those Indians, and the attempts which have been 
made to withdraw them from the British Interest appear to us to nialvc a 
General Interview more jjarticularly necessary at this time. We desire 
you will lay this matter before the Council and General Assembly of the 
Province under your Government and r'jcommend to them forthwith to 
make proper Provision far appointinj? Commissioners to be joind with 
those of the otiier Governl'iients for Renewing the Covenant Chain with 
the Six Xations, and for making such Presents to tliem as lias been usual 
upon the like occasions, and we desire that in tlie choice and Xomination 
of the Commissioners, you will take care that they arc men of cliaracter, 
ability and Integrity, and well acquainted with the Indian alfairs. 

As to tlie time and place of meeting it is left with the Governor of New 
York to fix it and he lias orders to give you earl}' notice of it. 

We are. Sir, your very loving friends and humble servants 
Bexxing Wextwoutii, Es(i. Duxk Hai.ikax, 

Gov"^ of New Hampshire. .1. Gkexvillk. 

Indorsed — "Copy of a letter to Diri'i-ix. 

Goyi' Wentworth, from Lords 

of 'l.'rade, Sept. 18'->, 17r>3. 

Submitted l" Jan. 7. 1754." attest. — Matthew Livermore. CI 



Extract of a letter fr())ii the. Lords (Jouimissioiiers of Trade dc 

I*lantatloiis. 
[Copied from MS. Corr. Vol. 11, p. '■);'..] 
'•As we find it has been usual upon former occasions when an Interview 
has been held with the Indians, for the other neighboring Governin'^ in 
alliance with tliem to send Commissioners to be j(jined witli those of New 
York, and as the present wavering Disposition of tlie Indians e<|ual]y ef- 
fect the other Provinces, we have wrote to the tJovernors of Virginia, 
Pennsylvania, Maryland, New Hampshire, Massachusetts Bay and New 
Jei'sey desiring them to represent to their respective Assemblies the util- 
ity & necessity of this measure, and to urge tliem to make proper provis- 
ion for it, & therefore it will be necessary that when you have settled the 
time and place of meeting, you sliould give them early notice of it, and 
this leads us to recommend one thing more to your attention, and that is- 
jto take care that all the Provinces be (if practicable) compris'd in one 
general Treaty to be made in his i\I;ijesty's name, it appearing to us tluit 
the practice of each Province making a seperate Treaty for itself, in its 
own name is very improper and may be attended with great inconven- 
ience to his Majesty's service." 

A copy of an Extract of a letter layd before the House Jan>' 2' 1751 by 
y« Gov. 

Attest ^latthew Livermore, Clerk of tlie House of Representatives. 



[Copied from MS. Gov" Message, p. 110.] 

Hinsdale, Nov. 20'' 175o\ 
May it please your ExcelP 

In obedience to your Excell-vs comnaau'ls cnjoyniiig me upon any thing 
Remarkable occurring in this part of your Excellency's Province to give 
notice thereof by the first opportunity: 



:^3G rROYiNCE or Isew-hampshire. [1753. 

These iuforin y' last week 'J'wo Indians of the Fransmcay tribe came 
into No. 4, alias Charlestown, one of them a Cape Cod Indian taken out 
of Capt. Gorham's company at Annapolis last -war now incorporated with 
the St. Fransoways : — The other a lad who speaks good English, being- 
kept iu the ]\Iassachusetts rrovince last War, and upon y« Peace Re- 
turned home. 

Upon Capt. Stevens enquiring of them after two Indians vis. Is-battis 
alias Sabbaday & Pruu-so-way alias Teransoway, who went Eastward 
from Charles Town in their Hunt last Spring & have not returned ac- 
cording to appointment. 

They answer — These Indians are supposed dead, for they hear from 
Indians by the way of Albany, y' tliej^ went into ye English settlements — 
That the English gave them Rum with poison which destroyed them — 
That it was said among themselves, it may be the English kill'd them, be- 
cause one of them stole a Negro from them. 

However, they say, Ten smart fellows lixed out and were coming down 
to Revenge their death, but were stay'd byyf old men, who said It may 
be these reports are not true many times such stories prove false, & if 
they should prove so, 30U would do what you will he sorry for. It is best 
3'ou stay j-our hand for the year; go to your hunting & visit all the trad- 
ing-houses East & West iu y' country, where you may llud the certainty 
of the matter. 

They inform that there are four sachems or chiefs iu the St. Frausoway 
tribe, whose names as follows viz. 

1. Au-won-noo-co. 

2. Nun-uau-wa-so 

3. Toh-qua-so-mit. 

4. Paui-per-wa-so-mit. 

That ye last mentiond whose name signifie the smallest-overseer or In- 
spector is up Connecticut river Hunting & purpo>^es to come down to 
Charles Town with ten others Next Christmas or when the Travailing is 
good on the Ice in Connecticut River. 

They inform that ithe large armament of French and Indians who last 
went against the Tweetwa Indians are returned home, have made peace 
with the Tweetwas & done some spoil on the Flat-head", have brought 
home between 20 & ?,0 captives & Expect intirely to Extirpate that Nation. 

Further that the New Goveruour of Canada is arrived, that he is very 
earnest to build a Trading house on the hither end of the Lake called 
Main-pow-ba-gag (1) which is about half way between Connecticut liiver 
(above Coo-os) & St. Frausoway. 

That ye French & Indians have held a consultation on this afiair almost 
all last Summer, the Indians who claim the land are loth to consent to it. 
Inasmuch as they think it will spoil their hunting ground, That they have 
not as yet determined to build it. 

Lastly they say as the Drought & Scarcitj' last year was verj- grcc-ft; 
when Capt. Stevens was in Canada, so this year altho there has been con- 
siderable Rain, yet the land produces such a Triile that there is very great 
scarcity of all sorts of Provisions. 

The above is humbly submitted by your Excellencj'S most dutifuU & 
obedient seiw'. 

EBENKZ. HlXSDALi:. 

Gov''. Wcjitworth. 

A copy of a Letter Laid befoi'c the House January 2, 1734 by the Gov- 
eruour. 

Attest, Matthew Livermore, 

Clerk of the House of Representatives. 

(1) Mcmphrcma<joy 1 



1754.] JOURNAL OF THE HOUSE. 2oi 

[y. 375.] The Secretary came into the house and atljournd the 
General Assembly till tomorrow morning ten of the clock. 

Thursday Jan^ S*^ 1754. 

The House met according to adjournment. And Mr. Speaker 
Weare being absent the House made choice of Mr. Eleazer Rus- 
sell, Esq. for their Speaker pro Tempore, who was thereupon con- 
ducted by three of the members to the chair. 

Voted That the Clerk of this House take co})ys of the Papers 
Delivered by the Secretary with the Copy of his Excellency's 
Speech and attest them that they may be kept with the tiles of this 
Honse. 

The House adjouru'd till 3 of the clock in the afternoon by or- 
der of the Speaker. 

Post Meridiem. 

Met according to adjournment. 

Voted That Daniel Pierce, Escp be and hereby is appointed Re- 
corder ot Deeds and conveyances of lands for this Province for 
the space of one year from the fourth day of January 175-t and 
untill the third day of the next setting of the General Assembly 
after the Expiration of the s'^ Term, and that he shall not bo qual- 
ifyed to act as Recorder afo res'* untill he lias given Roiid with 
sufticient suretys Jointly & severally in the sum of Ten thousand 
[p. 37G.] Pounds unto the Honoural)lc jNIeshecli AVearc, Esq. 
Speaker of the House of Representatives and t/aken an oath for 
the fiithfull discharge of the s'' otHce, and that tlie fee for Record- 
ing shall be nine pence a page, each page to consist of twenty 
eight lines, eight words in a lilie, and three pence for attesting 
such Record, and its being compared Avith the original and the 
same for a copy from the Record and the attestation thereof of 
its being compared with the Book, and that Rich'' Wibird, Esq. 
Daniel Warner, Esq. P^leazer liussell, Esq. Mr. Henry Sher- 
burne Jun'^ & Mr. John Knight be a Committee and tliat 
they or the major part of them take the Books and i)apei"s 
belonging unto the s'* office of Recorder into their custody in 
case of the Death or incapacity of the s** Recorder or the Expira- 
tion of the Term above mentioned, and them safely keej» untill 
further order of the General Assembly ; and it is further Voted, 
That the said Committee or the major part of them take a list of 
all the Books & papers nov/ belonging unto the s'* office & a Re- 
ceipt for the same from the said Recorder & that they be under 
oath for the faithfull discharge of their trust, and tliat a Duplicate 
of s'* Receipt be lodged in the Secretary's office. Sent up y" fourth 
by Dea. Philbrick. [Concurred and assented to.] 

[p. 377.] The House adjourn'd till tomorrow morning nine 
o'clock by order of the Speaker. 



-38 rUOVIXCE OF NEW-HAMrSHIRE. [1754. 

Fry day Jan>' 4* 1754. 

Met according to adjournment. The House adjournd till three 
of the clock in the aftei-noon by order of tlie Speaker. 

Post Meridiem. 

Met according to adjournment. 

Tlie Secretary bro't into the Hous(- the Petition of Mr. Jona- 
than Swett. The Petition of Mr. Jonathan LongfelloAV continued 
for a hearing till Wednesday next, if the Gen' Assembly be then 
sitting, and if not then sitting, untill the third day of the sitting 
of the Gen^ Assembly afterwards. 

The Petition of Jon"^ Lovewell tfcc. continued as the Petition of 
Mr. Swett. 

Upon lieading the Petition of Benjamin Gilman and otliers, 
Voted That the Petitioners have liberty to bring in a Bill to Ena- 
ble a Connnittee to divide the Lands and Premises Refer'd unto 
in the said Petition into a number of Equal Shares to and among 
the Partys interested and Draw Lots for the Same and make a 
Plan thereof, and lodge the same in the office of the Register of 
[y. 378.] the Court of P'robate for said Province, & that Lieut- 
Rob'' Light, Lieut John Gilman, and Mr. Jonathan Gilman, jun. 
be a Committee they or the major part of tliem to do the said 
Business, and that if need be they have convenient highways, and 
that the charge of Division be paid by the partys interested. 

The House adjourn'd till tomorrow morning 9 of the clock, by 
order of the Speaker. 



jfoTi!. — The jio.xt eleven pages of the Jourual of the House, contain 
lleaord-tables of "the attendance of members of the General Assembly 
begun September 19"i 1752, at Portsmouth in New Hampr''." 

The names of the members are as follows.— Ed. 

Haiupton Falls, Hon''''' Meshech Weare Esq. 

Portsni". Matthew Livermore, 

" n. Sherburn, 

" Eleazer Russell, Esq. 

Dover Tho^ Millet, Esq. 

" Maj. Tho' Davis, 

" Capt. Jn". Wentworth, 3*^. 

Hampton Richard Waldron, Esq. (1) 

" Jo7i'' Tiich 

" Dea. Joseph Philbrick 

Exeter Peter Gilman, Esq. 

" Zebulon Gidding. 

(I) Kicliiird Waldron resigned, & Joua. Tuck took liid phice Feb. 14, 1753.— Ed. 



17 oi.] JOURNAL OF THE HOUSE. 239 

New Castle & } Tho^ Bell, Esq. 

llye ]' II. Jeiniess Esq. 

Kino-ston. Je(]edi:ili Philbrick. Ki^i\. 

Newington John Knight, jun. 

Sti-atham Corn. Thos. Wiggin 

Londonderry ^ Jno. McMurphy, Esq. 
Durhana Joseph Thomas 

Greenland Clem' March, Esq. 

New Market Capt. Israel Gilman 

Southampton Jno. Page, Esq. 

Plaistow & Hampstcad Thomas Hale 
Salem & Plaistow Henry Sanders 

Dunstable AMerrimaek Jon^ Lovewell. 



[i\ 393.] Saturday January 5"' 1754. 

The House met according to adjourinnent. Upon Reading the 
Petition of Jonathan Swett, Voted That the Petitioner be heard 
on his Petition on Thursday the 17"' Instant, if the Gen' Assem- 
bly be then sitting, and if not, then on the third day of the sit- 
ting of the General Assembly next after, and that the Petitioner 
serve the adverse Party with a co])y of the said Petition and of 
the orders thereon (at Ids own cost.) to shew cause, if any thev 
have, why the Prayer of the Petition should not be granted. 

The l\'tilion of Ijenjamin Gilman etc. and of Mr. Jonatlian 
Swett with the votes thereon sent ;;]> by Deacon Tuck. 

Voted That Mr. S])eaker Weare, Mr. Henry Sherburn jun"". and 
Matthew Livermore be a CJomniittee of this House to draw an an- 
swer to his E.vcellency's Speech & present the same to the House 
as soon as may be for their approbation 

The Secretary bro't into the House the Petition of Mr. Pichard 
Hazzen. 

Ujjon reading the Petition of jMr. Hazzen. Voted That the Pe- 
tion'^ be heard on s'^ Petition on the 22'^ day of January Inst, if the 

General Assembly be then sitting, and if not, then on the 

day of the sitting of tlie General Assembly next after, and that 
the Petitioner at his own cost serve the adverse party with a 
[p. 394.] copy of s** Petition and of the order thereon to shew 
cause if any they have why the Prayer of the Petition should not 
be granted. Sent up by Mr. Hale. 

The House adjourn'd till three of the clock afternoon by order 
of the Speaker. 

Post Meridiem. 

The House adjourn'd till tomorrow morning nine of tiio clock 
by order of the Speaker. 



240 PKOVINCE OF NEW-IIAMPSHIKE. [1754 

Tuesday Januaiy 8"- 1754. 

The House met according to adjournment. Voted, That Mr- 
Speaker Weare & Matthew Livermore be a Committee of this 
House to join sucli as shall be appointed by the Hon''''' Council to 
consider of that part of his Excellency's Speech relating to a new 
Body of Laws and what is Necessary to be done lielative thereto 
& make lleport thereof to the Genei-al Assembly as soon as may 
be. Sent u]) by Esq. Macmurphy. [Concui-red.] 

Voted, That the account of , Mr. Itunkhig Wentworth, amount- 
ing to £3:16:3 New Tenor be alloAved. Sent up by Mr. Sanders 
Mar. 4^1^ 1754. 

Voted That Clement March, Esq. be a Committee of this Plouse 
to join with such as shall be appointed by the Council to consider 
Avhat is necessary to be done Relating to that part of his Excellen- 
cy's speech concerning an Interview with the Six Nations & make 
lieport immediately. Sent up by Mr. Thomas. [Concurred.] 

The House adjourn'd till 3 ot the clock in the afternoon by or- 
der of the Speaker. 

[r. 895.] Post Meridiem. 

Met according to adjournment. 

The Secretary brought into the House the Petition of Abraham 
Perkins. 

The Vote relating to the Interview with the Six Nations, sent 
up by Mr. Tliomas. 

Voted That his Excellency be desired to order and Direct some 
proper Person or Persons to make Inc^uiry about the two missing 
Indians refer'd to in the letter from Col. Hhisdall to his Excellency 
& make re])ort thereof to his Excellency as soon as may be. Sent 
up the 9"' by Mr. Knight. [Concurred.] 

Upon Reading the Petition of Abi-aham Perkins, 

Voted, That he be & hereby is allowed to keep a Tavern in Ep- 
ping in s'^ Province nntill the General Sessions of the Peace in 
Sep'tember next & tluit in order to Qualify liim therefor he Recog- 
nise for his good behavior as a Tavern keeper before Daniel Pierce, 
Esq. one of "his Majesty's Justices of the Peace for said Province, 
which Recognizance the said Justice is hereby Directed to lodge 
with the Cledc of the General Sessions of the Peace for s'' Prov- 
ince. Sent up the 9"' by Mr. Knight. [Concurred.] 

Voted That John MacMurphy Esq. be a Committee of this 
House to join with such as shall be appointed by the Council to 
wait upon the Treasurer &, enquire of him what moneys he has 
Received of the Collectors of Excise appointed by the last Excise 
Act & make Rei)ort thereof to the General Assembly immediate- 
ly. Sent up the 9"^ by Mr. Knight. 

Whereas one William Randall now residing at Portsmouth in. 
the Province of New Hampsliire, mariner, on the 8*'' day of Jan- 
uary 1754 at Portsm" in s"^ Province did in the Face of the House 



1754.] JOCKNAL OF THE HOUSE. 241 

of Kepreseiitatives for s'^ Province Damn the General Assembly 
meaning tiie General Assembly of said Province & thereby is Guil- 
[p. 396.J ty of a great misdemeanor, therefore Voted, Tliat the s'' 
William be committed to bis Majesty's Goal in Portsmouth in s'' 
Province untill further order of the House of Representatives or 
until he shall thence be delivered by due course of Law. Mitti- 
mus Issued l)y the Speaker according to vote. 

Tlie House adjournd till tomorrow morning at 9 of the clock. 



Wednesday January the 9*'' 17o4. 

Met according to adjournment. 

William Ilandall wIkj was yesterday committed fur offering an 
affront to the house being bro't into the House acknowledged that 
he was out of the way in behaving towards the house in the man- 
ner that he did, and said he was sorry for it & said he would do 
so no more ct asked the forgiveness of the Jiouse for the affront 
to them by him given : It is Ordered that the said William upon 
his knees in the tace of tlie House ask pardon for the said affront 
and pay the P^ees of the Constable, Prison fees and Door keepers 
fees and stand connnitted till performed & it is further Ordered 
That he be lieprimanded by the Speaker Pro Tempore oftliis 
House. 

The Seci'etary bro't into the House the Petition of Ebenezer 
Spaldin <.t others (a) 

(a) "Prayiug to be excused from paying Taxes to Londonderry & be 
ordered to Pay to Nottingham West." Jour. C. & Ass. Jan. 9, 1754. 

Upon Reading the Petition of Ebenezer Spaldin & others, Vot- 
ed that the Petitioners be Heard on the said Petition on the third 
day of the sitting of the General Assembly next alter the P' day 
of March next, ct that the Petitioners at their own cost serve the 
Select men of London Dcrry Avith a copy of s'^ Petition & of the 
order thereon, That they may shew cause if any tliey have why 
the Prayer of the Petition should not be granted. Sent up by 
Mr. Knight. 

The House adjourn'd for ten minutes. 

Met according to adjournment. 

[i\ 397.] The house adjourn'd till 3 of the clock in tlic after- 
noon. 

Post Meridiem. 

Met according to adjournment. 

The consideration of the petition of Joseph Blanchard Esq. & 
Mr. Jonathan Lovell dofer'd till Wednesday next. 

An Act for Dividing a certain part of the Estate of Samuel 

16 



242 PROVINCE OF NEW-HAMPSHIRE. [1754. 

Thing Esq. late of Exeter in the Pj-ovince of New Hampshire, 
having been Read tliree times, Voted That it pass to be Enacted. 
Sent lip by Capt. Went worth and Deacon Tuck. 

Voted, That tliere be paid unto the Recorder of Deeds for this 
Province over and above what is allowed him by the last vote for 
the ai)pointment of a Recorder the sum of three pence for every 
attestation «t three pence every Page. Sent up the 10 by Mr. 
Knight. 

John Macmurphy Esq. Desires his protest may be Entered 
against the above Vote & every part thereof which is accordingly 
done. 

Voted That Richard Jenness Esq. & Mr. John Knight be a 
Oommittee of this House to join with such as shall be appointed 
hj the Honourable Council to form out the Excise upon Liquors 
within tins Province to the Highest Bidder for the space of one 
year from the first day of January 1754 inclusively. Sent up the 
10 by Mr. Knight. [Concurred.] 

The House adjournd till 9 of tlie clock tomorrow morning. 



Thursday January 10 l7o4. 

Met according to adjoiu'nment. 

A question being moved upon that Paragraph of the Act for 
granting unto his Majesty an Excise on several Liquors made in 
the fifth year of his Majesty's Reign, concerning persons selling in 
lesser Quantitys than Twenty-five Gallons to be delivered at one 
1 1'. 398.] time without License, to wit, Whether an appeal Lay from 
a sentence given by a Justice of the Peace against a Respondent to 
the Court of General Sessions of the Peace : Resolved in the affirma- 
tive, That an Api)eal does lay in such case and that the said Act is 
rio to be understood tk Practised upon, any usage or custom to the 
contrary notwithstanding. 

Sent up by Mr. Tuck. [Concurred.] 

Alexander Macmurphy one of the Selectmen of Derry-field came 
into the House & desired they would Revive the consideration of 
a certain Petition now lying at the Council Board not finished 
heretofoie, put into the General Assembly by the Select men of 
Derryfield concerning an Highway near Ammoskeg falls. 

The House adjourn'd till three of the clock in y" afternoon. 

Post Meridiem 

Met according to adjournment 

The House adjourned till tomorrow morning 9 of the clock. 



1754.] JOURNAL OP^ THE HOUSE. 243 

Fryday, Jaii^ 11 1754. 

Met according to adjournment. The Secretary brought into 
the House the Petition of Luke Mills & others. Also the Petition 
of Mark llunking Wentworth Esq. and others, E.vecutors. 

Daniel Warner, Esq. brought into the house the Petition of the 
Select men of Derry tield & said there was nothing done upon it 
<fc that the Council thought what was done by the Sessions should 
stand, but if the house thought proper to send any other ('omniit- 
tee they would join. 

Voted That the said Petition of the Selectmen of Derry Held be 
dismissed. 

The House adjourn'd till 3 of the clock in the aft.er;iv)on. 

Post Meridiem. 
Met according to adjournment. 

Voted That the following be sent to his Excellency as an answer 
to his Excellency's speech made the second Instant, to wit : 

May it please your Excellency — 

[p. 399.] The House have taken under consideration yoxw Kxcelleiicy's 
Speech to them made & delivered the second day of Jauy 1754, and are not 
insensible of the Ditlieultys to each Branch of the General Assembly Oc- 
casioned by the want of a proper House for the Geueral .Assembly to sit 
in But as that matter has been under the consideration of a Coiinnittee, 
the Report of whom the House has not had opportmiity duly to weii^h & 
consider, The House are determined as soon as possible with eon venieney 
to take care there I)e such an house built. 

And as the compilius: of a new body of Laws (which this House are ot^ 
the opinion would be of vast Beuetit & advantage to his Majesty's subjects 
of this I'rovince) will be attended with great expense & take up much 
Time for the Effecting thereof the House have made choice of a Connnit- 
tee to joyn such as& shall be appointed by the Council to consider of that 
matter & what is necessary to be done Relative thereto & nuike Report 
thereof as soon as may be, which Report when made shall have the due At- 
tention of this House. 

As to that part of your Excellency's Speech relating to the arms & mil- 
itary storjs therein refered to, the House will take the same under eousid- 
eration & act thereon agreeable to the best light they can get concerning 
that matter & do further assure your Excellency that we shall always be. 
ready according to the utmost of our Power and Ability to do every thing 
for our own Safety & Defence & to Assist any other of his Majesty's 
Neigbouring Governments against the common Enemy a.s Necessity' shall 
require. We are likewise sensible of the great advantage which will nat- 
urally Result to this Government as well as to his Majesty's other neigh- 
[p. 400.] bouring Governments from an Alliance with the Six Nations & 
shall not be wanting iu doing every thing that may be thought reasonable 
for us to do for the Effecting & bringing about such an Alliance. 

The House have taken under consideration the letter from Colonel 
Hinsdall to your Excellency & have passed a vote Desiring & do hereby 
Desire your Excellency to appoint some proper person or Persons to 
make Inquiry concerning the two missing Indians, in the letter mentioned. 

We shall also take under consideration That part of your Excellency's 
Speech relating to that part of your Excellency's salary which accruecl 
from the twenty-five thousand Pounds Loan & shall act thereon as we 
hope justly & lion'>'y 



244 PROVINCE OF NEW-HAMrSIIIRE. [1754. 

In line, wo shall Endeavour to DLspatch eveiy thing recommended in 
your Excellency's speech in sucti a way & manner as we trust, under Di- 
vine Providence, will tend to the present happiness of this Government &. 
linally make us a great & flourishing Province. 

Province of ] 

Xew Ham})'', j In the House of llepresontatives Jan^' 11* 1754, 
V^oted tliat tlie above be sent to his Excellency as an answer to 
liis Excellencys Si)eech made to the House, Jan-^ the 2*^, 1754. 
The House adjonrn'd till tomorrow mornins; i) of the clock. 



[p. 4!J1.] Saturday .Iaii> 12, 1754. 

Met according- to adjournnumt. Voted That Clement jMarch, 
.Tedediah Philbrick and John l^ige Esq. be a committee to wait 
upon his Excellency with the answer of liis Excellency's Speech. 

The Secretary liro't into the lionse the Petition of IJow Select- 
men. '^-- 

Upon readinL? the Petition of the Selectmen of Bow, Voted 
That the Petitioners be lieard on the s"* Petition on the thirty-first 
day of January Instant, if the General Assembly be tlien sitting, 
if not theit on the third day of the sitting- of the General Assem- 
bly next after the first day of February next and that the Peti- 
tioners at their own cost serve Moses liCvet Jllsq. Clerk of the 
Pro])rietoi's of Bow Avith a copy of s'^ Petition & of the orders 
thereon that the s*^ Pro])rietors of Bow, if they see cause may 
appear and show" cause if any they liave why the Prayer of the 
Petition should not be granted. Sent n]» by Deacon Philbrick. 
|[Concurred.] 

The House adjournd till Monday next .'5 of the clock in the af- 
tcrn<ion by oi'der of the Speaker. 



Monday January the 14, 1754. 
Met according to adjournment. 
The House adjourn'd till tomorrow morning ten of the clock. 



Tuesday Jan^' 15"^ 1754. 
Met according to adjournment. The' House adjourndftill 3 of 
the clock in the afternoon. 

Post Meridiem. 
Met according to adjournment. The House adjournd Ttill to- 
morrow^ morn"^ of the clock 



1754.] JOUKXAL OF THE HOUSE. 245 

AVediiesday Jan" 16"' 1754. 

Met according to adjournment. 

The Secretary came into the ITottsl' & made a motion rehxting 
[p. 402.] to tlie eonnter part of the Mortgages lying in the hands 
of tlie Recorder tt said tluit many of the 13orroAvers refnsed to pay 
their Interest & Principal except they could have them delivered 
up ifc that he exi)ects tliey would protest against the Committee & 
that tlie House woukl take it un<]er consideration & do something 
thereon. 

Tlie I'etition of ,Mi-. l^nvewell S:v. put oft' fir a hearing till 
Wednesday next. 

The House adjournd for ten nxinutes. 

Met according to adjournment. Tlie House adjourned till ^5 of 
the clock in the afternoon. 

Post Meridiem. 

Met according to adjoui-nment. The Act for reviving the Tem- 
porary Probate act being read a tiiird tinu', ^'oted That it pass to 
be enacted. Sent up l)y Cajit. (iilman. 

Voted That ]\Ir. S[)eaker Weare be and herein- is ajipointed a 
Commissioner on the i)art of this house to be joined with such 
person as shall be appointed by the Hon'"'" Council to liei)resent 
this Province at tlie intended Interview with the six Nations of 
Indians to act in conjunction Avith the Commissioners of his 3Iaj 
esty's other Governments at the s** Interview. (a) 

And that the s'' Commissioners be allowed the sum of fifty shil 
lings new Tenor each for each day they shall be upon the afore- 
said business and service, the same to be in full for all cost & 
charge of this Pro\ince to the s*^ Conmiissioners for the service 
afores'^. And that the said Conunissioners draw out of the Treas- 
ury the sum of one hundred & twenty five ]iounds new Tenor be 
fore their setting out upon the said Ibisiness. Sent u\) by Capt. 
Gilrnan. 

(a) Jour. ('. & Ass. .Ian. L'C. 17.">4. The Sec> was sent 1)y the Council 
to the House with the vote of the house appoiutiiii; Commissioners to 
attend tlie interview with the six Nations, reconimeudiuiij somealteiation.s 
in the said vote. 

The House iuliourn'd till tomorrow morning of the clock. 



[p. 403.] Thursday, January 17, 1754. 

Met according to adjournment. 

Whereas the Secretary came into the house on the sixteenth 
Instant & made a motion relating to the counter part of the Mort- 
gages lying in the liands of the Pecorder and said that many of 
the Borrowers refused to pay their Interest and Principal except 



246 pkovincp: of new-hampshire. [1754. 

they could have them delivered up, Wherefore Voted, That when 
any person shall pay the full of the Principal and Interest upon 
any Mortgai^es made unto the Trxistees for letting out the twenty- 
five tlK)usand Pounds Loan that there be an Indorsement thereof 
made on the Back of the Counter part that lyeth with the Recor- 
der & that thei'e be an Endorsement made of the payment of the 
princi))al & Interest on the Counter j)art of all such Mortgages as 
are already paid and taken up by the Mortgagers — The House not 
thinking it proper that the counter parts should be delivered up as- 
they were put into the Recorder's otKce by the act for Emitting 
the sum of Twenty-iive Thousand Pounds Loan. Sent up by Mi*. 
Hale. [Concuired.] 

Voted that there be paid unto Mr. Timothy Clements the sum 
of Twenty jiounds new Tenor out of that part of the Interest of 
the tnenty tive thousand pounds Loan appropriated for cutting 
Roads, imploying proi)er persons to search out and take Plans, 
in full for liis survevingand taking a Plan of VVinnepissiokee Pond. 
Sent up 18'" by Uv. Hale. [Concurred.] 

The House adjourned till three of the clock in the afternoon by 
order of the S]»eaker. 

Post Meridiem. 
jMet according to adjouinnient. The House adjourn'd till to- 
morrow moi-niuLi- of the clock. 



[r. 404.] Fiiday, Jan>' the 18, 17.)4. 

Met aci^ording to adjournment. 

Upon I'eading the Petition of Jonathan Swett Voted that the 
Petitioner have liljcrty to bring in a Rill to eiuible the Supe"' Court 
of Judicature of this Province to proceed upon the ^^•rit of Review 
abated & Referred to in the s'^ Petition, the abatement thereof not- 
withstanding, and to stay the Proceedings upon any action depend- 
ing upon the Judgm' Review'd, until! the tiyal u])on the Review 
is over. Sent up by Mr. Hale. 

The House adjourn'd for 3-4 of an hour. 

Met according to adjournment. Jedediah Philbrick, Esq. pursu- 
ant to a vote of this House pass'd y*" 9"' of May 1753, bro't into this 
House the Recorder's Bonds, viz. for the year 174o, 1746 & 1747, 
and also a Key which he rec'd of the P^xecutors of the Tei^^ament 
of the Hon''''' Eljcn"" Stevens, Esq. dec'd, and delivered the same 
unto My. Speaker Weare in the House. 

The House ailjournd for the 8]»ace of tive juinutes l)y order of 
the Speaker. 

Met according to adjournment. 

The act for the better Repairing of Higli ways ttc. having 
been read three times, Voted, That it pass to be enacted. Sent up 
l)y Messrs Macnnn|>hy and Thomas. 

The House adjourned till 3 of the clock in the afternoon. 



1754.] JOURNAL OF THE HOUSE. 247 

Post Meridiein. 

Met according to adjournment. Capt. Wibird bro't into tlie 
House from the Council the Petition of a Committee of Summers 
worth, also of the Inhabitants of the westerly part of Dover. 

An act to enaVjle Proprietors of common and undivided Lands 
&c. being read three times Voted That it pass to be enacted. 
Sent up by Esq"" Page and Deacon Phill>rick. 

[p. 405.] Upon reading the Petition of sundry of the westerly 
part of Dover, Voted That the Petitioners be heard on the s** Pe- 
tition on Wednesday the thirteenth day of February next, if the 
General Assembly be then sitting, and if not, then on the third 
day of the sitting of the Gen'. Assembly next after, and that the 
Petitionei's at their own cost serve the Selectmen of Dover in s** 
Province with a copy of this Petition and of the orders thereon 
that they may ap])ear and shew cause, if any they have, Avhy tiie 
Prayer of the^Pedtion should not be granted. Sent up, 19, by 
Mr.'Knight. 

Upon reading tlie Petition of the Committee of Suinmerswortli 
(a) Voted, That the Petitioners be heard on the said I'etition upon 

(a) "Prayiug to be made into a Town." Jour. C. & Ass. 

Wednesday the thirteenth day of February next, if the Gen' Ah- 
sembly be then sitting, and if not, then on the third day of the 
sitting of the Gen' Assembly next after, and that the Petitioners 
at theii' own cost serve the Selectmen of Dover in s'' Pi-ovince 
with a copy of the s'' Petition and of the orders thereon, that they 
may appear and shew cause if any they have why tiic Prayer of 
the Petition should not be granted. Sent u|» by Mr. Knight. 

Daniel Pierce, Esq. came into the House and gave Bond for 
duly executing the Business of Recorder and was sworn unto the 
faithful Discharge thereof by jMeshech Weare Escj. in the House 
of Representatives and the Speaker took the Bond. 

The House adjourn'd till tomorrow morning 9 of the clock. 



Saturday Jaii>' 10"' 1754. 

Met according to adjournment 

The two Petitions al)ove mentioned sent up by Mr. Knight. 

[v. 406.] Voted That the following (named) members of the 
House of Re])rcseiitatives be allowed in their next Certificate, 
for their Travil and attendance between the Prorogation of the 
Gen' Assembly on y'= 26"' of July 1753, and the second day of 
January 1754, viz. The Hon''''^ M. Weare Esq. one day, Matthew 
Livermore one day, Eleazer Russell, Esq. one day, Maj"^ Davis two 
days, Capt. Wentworth two days. Coll. Gilman one day, Mr. Gid- 
ding two days. Deacon Tuck one day, Deacon Philbrick one day, 
Tho^ Bell, Esq. two days, Rich'' Jenness P'sq. two days Jedcdiah 



24S PROVINCE OF NEW-TIAMPSHIRE. lllBi. 

Philbrick Esq. one days travil and attendance and one day's at- 
tendance, Mr. Thomas Wiggen one day, John McMurphy Esq. one 
day Clem' Marcli, Esq. two days, Mr. Josepli Tlionias one day, 
Capt. Israel Gihiian tliree days, John Page Esq. two days, Thomas 
Hale one day. 

The House adjonrn'd till Monday next three of the clock after 



Monday Jan^ 2P' 1754. 
A number of the members met, but not the Speaker nor eno' to 
make a House. The Secretary came into the House and adjournd 
the Gen^ Assembly till tomorrow morning nine of the clock. 



Tuesday Jan^ 22'' 1754. 
[p. 407.] A number of the House met, but not the Speaker, 
nor enough to chuse one. The Secretary came into the House and 
adjournd the Gen' Assembly till three of the clock in the afternoon. 

Post Meridiem 

Met [and adjourned till Wednesday, January 2o'' 1754, and 
again, till 3 o'clock, P. M.] 

Upon reading the Petition of Jose])h l>lanchai"d, Esq. and Mr. 
Jonathan Lovewell, it appearing that Notification had been given 
pursuant to vote and no ])erson or Persons appearing to make ob- 
jection thereto and the Prayer of the Petition being reasonable, 
Voted, That the Petitioners have liberty to bring in a Bill accord- 
ingly. Sent up by Mr. l^ovewell the 24"'. 

The House adjoiu'ned till tomorrow morning nine of the clock. 



[p. 408.1 Thursday January 24"' 1754. 

Met according to adjournment. The Secretary bro't into the 
House the Petition of Joseph Butler (a) 

(a) '"Praying to be set ofl'from LondoudeiTV uud I'ut ou to Pelham." Jour, of C. & Ass. 

Voted That all tiie absent members be immediately sent tor to 
give their attendance the first of next week and that tlie clerk 
give them notice thereof in writing as soon as convenientlv mav 
be. 

The House adjournd till throe of the clock in the afternoon by 
order of the Speaker. 

Post Meridiem 

Met according to adjournment. The House adjournd till to- 
morrow morning 9 of the clock by order of the Speaker. 



1754.] JOURNAL OF THE HOUSE. 249 

P'rvtlay Jaii-^ 2.')"' 1754. 

Met accordini^ to adjouniineut. Voted That there be allowed 
and paid out of the money in tlie Tjx'asiirv unto Ejihraini Lock 
the sum of tliree Pounds one shillinir new Tenor for his service as 
a soldier one month and throe days at J^arrinc^ton in the Province 
of New Hampshire under Cai)t. Jol» Clements in the summer of 
year 1740. Sent up by 3[r. Knight. [Concurred.] 

The House adjourned for the space of ten minutes. 

Met according to adjournment. 

[p. 409.] Voted That there be allowed and paid unto Edmund 
Brown out of the Tnterc^^t of tlie twenty-five thousand Pounds 
Loan ap])ropriated foi* tlie Repairs of the Prison, the sum of seven 
pounds five shilliTTgs new Tenor in fidl for his accompt for Avork 
and liepairs on the Prison dated Jan-^' 24"' 1754. Sent up by 
Messrs. Philbricks. [Concurred.] 

The House adjournd till three of Ihe clock in the afternoon by 
order of the Speaker. 

Post iteridiem. 

Met according to adjournment. The Lumber Act having been 
read three times. Voted that it pass to be enacte;!. S^nt up 26"' 
by Messrs Pliilbricks. Mr. (Tidding, Mr. Jenness, Esq. Philbrick 
and ^Nlr. Thomas desired their dissent might h'^ entered against 
the ])assing of the afores'^ act. 

The House adjourned till tomornnv morning nine of th;; clock. 



Saturday January 26"^ 1754. 

Met according to adjournment. The Small Pox act haviiig 
been read three times, \'oted That it pass to be enacted. Sent up 
by Messrs Philbricks. 

The Secretary bro't into the House the High way act and s"^ the 
[p. 410.] Council had passd it, but that the Gov' did not see thro' 
sundry ])aragraphs in it, but would i)ass it if it were for two 
years. 

He also bro't into the House the vote of this House for the 
appointment of Commissioners for the intended Interview with 
the Six Nations and said the Council did not like it for that they 
tho't the Provision therein made was not a pro])er provision, nei- 
ther as the case might ha[)i)en, would be sufficient for the charge 
and expenses the Commissioners might necessarily be at, and fur- 
ther that the Council did not like it as it confined the Commissioners 
to the number of two only, and it might happen that one of them 
might not be able to attend the business, and upon the whole 
they tho't if this Province send Commissioners that the charge 
should be a Provincial charije and the Treasurer authorized to 



250 PROVINCE OF NEW-HAMPSIIIKE. [1754. 

supply them out of the Treasury with what might be needful. 

The House adjourned till tliree of the clock afternoon Monday 
next by order of tlie Speaker. 



Monday Jan>' 28*'^ 1T54. 
A number of the House met but not the Speaker nor sufficient 
to make a house. The Secretary came into the House and ad- 
journ'd the Gen' Assembly till tomorrow morning ten of the clock. 



[p. 411.] Tuesday January 29"^ 1754. 

Met according to adjournment. The Highway Act sent np by 
Mr. MacMiu'phy with the alteration mentioned by the Secretary in 
his message Saturday last. 

Upon reading the Petition of Joseph Butler, Voted That the 
Petitioners be lieard on the said Petition on the third day of the 
sitting of the Gen' Assembly next after the first day of March 
next, and tliat the Petitioner at his own cost serve the Selectmen 
of Londonderry with a copy of said Petition and orders thereon, 
and also the Selectmen of Pelham with a copy thereof, to appear 
and shew cause if any they have why the prayer of the Petition 
should not be granted. Sent up by Dea. Philbrick. 

Tlie House adjournd for ten minutes. 

Met according to adjournment. The House adjournd till three 
of the clock in the afternoon by order of the Speaker. 

Post Meridiem. 

Met according to adjournment. The Act for enabling Mr. Jon" 
Sweet to prosecute a suit of Review against Mr. Josejih Manef 
and wife being read a third time, Voted That it ])ass to be enacted. 
Sent up by Capt. Gilman. 

The House adjournd till tomorrow morning nine of the clock by 
order of the Speaker. 



[p. 412.] Wednesday January 30"^ 17o4. 

Met according to adjournment. 

The Committee for telling the money in the Treasury to be 
burnt bro't into the House tlie sum of one thousand- one hundred 
and eighty two Pounds twelve shillings and six pence old Ten*" 
Bills of Credit on this Province which Avas burnt to ashes in the 
face of the Gen' Assembly and the s'' Committee are discharged of 
s** sum. 



1754.] JOURNAL OF THE HOUSE. 25t 

The House adjourned till three of the clock in the afternoon by 
order of the Speaker. 

Post Meridiem. 

Met according to adjournment. The Committee for telling the 
money in the Treasury to be burnt bro't into the House the sum 
of five hundred and six Pounds fifteen shillings old Ten"" which 
was burnt to ashes in the face of the Gen^ Assembly and the s'' 
Connnittee are discharg'd from s'' sum. 

Voted, That Mr Speaker Weare be and hereby is ai)pointed a 
Commissioner on the part of this House to be joyned with such 
person as shall be appointed by the Hon'''" the Council to rejtresent 
this Province at the intended Interview with the Six Nations of 
Indians to act in conjunction with the Commissioners of his Majes- 
ty's other Governments, at the said Interview : And that the s'' 
Commissioners be ailow'd the sum of three Pounds new Ten'' each 
for each day they shall be upon the afores'' Business and service 
[p. 413.] for theniselves and servants, horses and all other Expences 
except what extraordinary charges and Expences they may be at* 
when at the Interview, to be at the charge of the Province And 
that the said Commissioners be and herel)y are authorized and Im 
]»owered to make such Present or Presents to the Indians afores'' 
at the said Interview as they shall judge necessary and Expedient 
not exceeding two hundred and fifty ])Ounds new Ten''. And that 
the said Commissioners draw out of the Treasury not exceeding 
the sura of five hundred Pounds new Ten"" before their setting out 
upon the s** Business, and that the s'' Commissioners render an ac 
count of the Disbursements of the money they shall receive out of 
the Treasury for the afores"* Business, and also lay before the Gen' 
Assembly the whole account of theii- Proceedings relating to the 
said Interview. Sent up Fchy l"' 1754, by Mr. Knight. 

The House adjourn'd till tomorrow morning nine of the clock by 
order of the Speaker. 



Thursday Jan>' ?.P' 1754. 

Met according to adjournment. Matthew Livermore desires 
that his dissent may be entred against the vote past yesterday re- 
lating to the Interview intended with the Six Nations, and to as- 
[p. 414.] sign his Reasons for his dissent, whicli was allov/ed, — 
his Reasons are as follows : viz. thirst, That he is of opinion that 
there is not asufiicient number of Commissioners to be appointed 
by the said vote for the s'' Business. 2""^ For that he thinks there 
is not proper provision made by s'' vote to carry the matter there- 
in proposed to be done into execution. 

Voted That his Excellency be and hereby is desired to direct 
the Treasurer to lay his accounts before the House in order for 
their Examination, that they may be informed of the State of the 



252 PROVINCE OF NE^y-lIAMPSHIRE. [1754. 

Treasiiry for their g-overnment and direction in making a proper 
and suitable ])rovision fo]- the supply tliercoffor the discharging 
the public debts. Sent up by Mr. Knight. 

The House adjourn'd till three of the clock in the afternoon by 
■order of the Speakei". 

Post Meridiem 

Met according to adjournment. The Act for taxing Dunstable 
lands read atliird time and Voted That it pass to be enacted. Sent 
up by Esq. Philbrick. [Concurred.] 

Whereas there is a Necessity of Revising the Laws of this 
Province and compiling a now Body thereof, whicli if done would 
be of great Benefit and advantage to the Province, Therefore vot- 
[p. 415.] ed that the Hon""-- Meshech Weare Esq. Coll. Peter Gil- 
luan, Mr. Henry Slierburne jun. & Mattliew Livermore be a Com- 
mittee of this House to joyn with two such persons as the Hon 
ourable the Council shall appoint to Revise and Compile a New 
Body of Laws for this Province and that William Parker Esq. be 
the clerk of said Committee. And that the said Committee from 
time to time lay such acts as they shall prepare (in consequence of 
this vote) before tlie General Assembly as the said Committee 
shall judge Expedient and as opportunity shall offer for the exam- 
ination of the General Assembly. And that tlie said Committee 
be supply 'd with money out of the Treasury sufficient to piirchase 
such things as shall be by them judged necessary to carry 
the said affair into Execution & also to defray their Expences and 
the Expences of the Clerk, while upon the said Business. 

And that the said Committee and Clerk be ])aid for their time 
and trouble in Revising and Compiling the said Body of Laws by 
the Province, as shall hereafter be setled and determined by the 
General Assembly. Sent up 1)y Est). Philbrick. 

[p. 416.] The Committee for telling the money in the Treasu 
ry to be burnt bro't into the House the Sum of one Thous*^ and 
ninety two Pounds two shillings and six pence old Ten"- Bills of 
Credit of this Province which was Inirnt to ashes in the face of 
the Gen^ Asseml)ly, and they are discharged from s"^ sum. 

The House adjourn'd till tomorrow morning nine o'clock, by 
.order of the Sjjeaker. 



Fryday February P' 1754. 

Met according to adjournment. 

The Vote relating to the appointment of Commissioners for the 
Interview intended with the Six Nations, sent up this day by Mr. 
Knight. 

The House adjourn'd till three of the clock in the afternoon by 
order of the Speaker. 



1754.] JOURNAL OF THE HOUSi:. 253 

Post Meridiem. 

Met accoivling to adjournment. 

The Secretary came into the House and said there was a vessel 
coming- into the Harboiu' hist eveninf^ who saw a signal on Boon 
Island, which to tliem seemed to be a signal of Distress, That the 
Council had examined some of the Persons who saw the Signal 
suppos'd it to be a Signal of Persons in Distress, That the Coun- 
cil had talk'd Avith Mr. Sheaf and Capt. Bell about sending out a 
vessel to make Inquiry into the circumstances of the affair, But as 
the Gen' Assembly was sitting they tho't it proper to acquaint this 
[p. 417.] House of it that they miglit act thereon as they might 
judge pro])er. 

Jolui Watson and Joshua Small came into the House, gave an 
account of what they observ'd relating to the above mentioned 
affiiir. 

Wliereas Joliii Watson and Josliua Small have tliis day Peprc- 
sented to tliis House tliat last Evening about sun half an hour 
liigh they saw a signal upon Boon Island whicli they judged to be 
a signal of Distress : Therefore Vote<l That Thomas Bell, Esq. be 
and hereby is authorized and lm])0\vered as soon as wind and 
Aveather will permit to dispatch away a pro})er vessel with a suit- 
ble number of hands and necessary Provisions, to make enquiry 
into tlie said affair and use their best Endeavors for the Relief of 
any Person or Persons tluit may be there in Distress at the charge 
of the Province, and that if need be, that he be and hereby is au- 
tliorized & Inqiower'd to Impress a vessel and liands for that \mv- 
pose. Sent up by Dr. March. [Concurred.] 

Whereas it is llepresented to this House That the Kev'^ Mr. 
Timothy Walker is gone to Great Britain as an agent in l)ehalf of 
a number of Persons of Kumford and Suncook (1) so called, who 
claini lands under the Government of the ]Massacluisetts Bay 
[p. 418.] against otliers wlio claim lands under the Gov"" and Coun- 
cil of New Ilamp"" And whereas the said Timotliy Walker may 
liave Instructions from tlie Government of the Massachusetts Bay 
to manage the said affair, so as, may affect this Province as such, 
therefore Voted That the Committee already a])pointed to treac 
Avith John Thomlinson Esq. agent for this Province at the Court 
of Great Britain relating to the affairs of Fort Dummer, be and 
hereby are desired to write to the said agent to be upon his Avatch 
as to any thing of that sort that may hajipen and to Avrite to the- 
said Committee from time to time, if anything shall arise, Avhere 
by this Government may be affected and what may be necessary to 
be done by this Government in order to defend themselves in tlie- 
best manner they can. Sent up by Capt. (Tilman. [Concurred & 
assented to.] 

The House adjournd till tomorrow morning nine of the clock 
by order of the S})eaker. 

(1) See IJouton's History of Concord, pp. 213-218. 



254 PROVINCE OF NEW-HAMPSHIRE. [1754. 

Saturday Feb^ 2'^ 1754. 

Met according to adjournment. 

Whereas there is some difficulty attending the method for se 
curing the money this Province has in England, and whereas It is 
probable some Person will soon go to Boston on the affair of Fort 
Dummer, Therefore, Voted That the Person who shall go on the 
aifair of Fort Dummer, advise Avith Mr. Prat and Mr. Gridly or 
[p. 419.] either of them (as he shall Judge most Expedient) and 
get their or either of their opinion what manner it is best to pro- 
ceed in to secure said money in England for the Benefit of this 
Province and that tlie Expences such person shall be at for the ad- 
vice afores'^ be a Province charge. 

The Secretary came into the House and said he was directed by 
his Excellency to adjourn the General AssemVjly till Tuesday the 
nineteenth day of February Inst, ten of the clock in the forenoon 
and accordingly adjourned tlie same. 



Tuesday, Feb-^ 19'^ 1754. 

A few of the members met, but not sufficient to make a house. 
The Secretary came into the house and said he was directed by his 
Excellency to adjourn the Geu^ Assembly till three of the clock in 
the afternoon ana accordingly adjourned the same. 

Met [and again adjourned] till tomorrow morning 10 o'clock. 



Wednesday Feb^ 20"^ 1754. 

Met according to adjournment. 

Mr. Speaker Weare being absent the House proceeded to the 
choice of Peter Gilman, Esq. for Speaker pro Tempore. 

[p. 420.] The House adjournal till three of the clock in the 
afternoon by order of the Speaker. 

Post Meridiem. 

Met according to adjournment. 

Mr. Page sent to the Council to enquire if the Act for Reviving 
the temporary Probate Act, the Lumber Act, Small Pox Act, the 
Highway Act and the Proprietors Act, were concurred by the 
Council, and assented to by the Governor. 

The Secretary bro't into the House the Petition of David Gregg, 
John Kyle and others. 

Upon reading the Petition of David Gregg, John Kyle and oth- 
ers, Voted, That the Petitioners be heard upon the said Petition 
OQ the third day of the sitting of the Gen' Assembly next after 
the first day of April next and that the Petitioners at their own 
cost serve the Selectmen of Windham with a copy of tlie s** Peti- 
tion and of the orders thereon, to shew cause if any they have, 
why the Prayer of the Petition should not be granted. 



1754.] JOURNAL OF THE HOUSE. 255 

Sent up by Mr. Knight. 

The House adjourn'd till toraorrow morning nine of the clock 
by order of the Speaker. 



Thursday Feb^^ 21, 1754. 

Met according to adjournment. 

Voted That the Secretary of this Province be and hereby is de- 
sired to procure authenticated Copy's of the Treatys with the In- 
dians called Dummer's Treatys, also a copy of the Treaty with 
them in the year 1749, 1752 <fc 1753, at the charge of this Pro- 
vince (1) and that the Treasurer of this Province supply him with 
money to procure the same. Sent up by Mr. Knight. 

Portsm*> N. Ilampi" March 1, 1754. 
S"" — I am ordered by vote of Assembly to Procure autlicnticated Copys 
of Sundry Treatj's with the Indians, viz. That Comonly called Goveruor 
Dummer's, that made by the Massachusetts in the year 1752, & one Since 
in the year 1753. That of 17-tf) I have already. If you'l be kind enough 
to forward me the other Three attested &, let me know your fees I shall 
remit it you Avith thanks. Our Superior Court sets on the lli'> Instant 
where these Copys will be wanting in a trial of two men .supposed to be 
the murderers of Two Indians. I imagine that Prints attested will an- 
swer every end. Pray let me have them pr Post. 
I am, Sir, your most obedient 

Humble scrv'-. 

Hont'io Josiah Willard. (Copy) 

[p. 421.] Mr. Knight carryd up to the Council the copy of the 
Virginia Act relating to the Compiling a new Body of Laws, 
sometime since sent to y" House by the Governor. 

Post Meridiem. 

Met according to adjournment. Voted That the hearing of the 
Petition of Summersworth against Dover be put oft' till to morrow 
morning nine of the clock. 

Voted That the hearing of the Petition of James Da^tis, John. 
Tasker &c be put off" till to morrow forenoon. 

The House adjourned till to morrow morning nice o'clock by 
order of the Speaker. 



Fryday Feb^ 22^^ 1754. 

Met according to adjournment. 

The Seci'etary brought into the House Sundry Papers — Mr. 
Light's acct. about taking Bowen & Morrill, an acct. from Mr. 
Stoodley, — The Virginia Act and vote for compiling y* New Body 

(1) See Prov. Papers, Vol. IV. pp. 188-190, 331-353. Also Vol. V. pp. 127, 133, 131-133, 

—Ed. 



250 TROVIXCE OF X'EW-IIAMrSlIIRE. [1754. 

of Laws and s'' the Gov"' was of opinion it Avas best y" s'' vote 
should be reduced to an act. lie also bro't the vote for Commis- 
sioners &c. for an Interview, and s*^ the Council found no fault 
with the sum mentioned for allowance, l)ut they thot the number 
of Commissioners not sufficient. 

Upon a hearing on y'' Petition of Summei'sworth, Voted That 
the prayer of the Petition be granted and that the Petitioners have 
[p. 422.] liberty to bring in a Bill. [Concurred.] 

Upon hearing a Petition for a New Parish in Dover, Voted 
That Mr. Zebulon Cidding and John Macnun'phy Esq'', be a Com- 
mittee of this House to joyn such as shall be appointed by the 
Hon*''" Council to take a view of8ueh])art of Dover as may be 
necessary in order to Judge wliether the Prayer of the Petition 
ought to be granted or not, and make lleport thereof to the Gen' 
Assembly as soon as may be and that the Petition" be at the cost 
and charge thereof [Concurred.] 

One of the Selectmen of Bow bringing into the House their Pe- 
tition and suggesting that there bad not been convenient opportu- 
nity to serve the cleik of the Proprietors of Bow with a copy of 
the Petition &e. & praying that y*^ Petitioners might have a fur- 
ther time appointc<l to be heard tlicrcon 

Voted that thei'e be a hearing y'' on upon Pryda}' next, if y" 
Gen' Assembly be y" setting, if not then on y'' 3'' day of the sitting 
of y*^ Gen' Assembly next after. 

The House adjournd till three of tlie clock in the afternoon by 
order of y'' Speaker. 

Post Meridiem. 

The House met according to adjournment. The Speaker being 
absent and the Speaker Pro Tem})ore being also absent, Voted y* 
Clem' March Esq. be Speaker pro Tempore. 

The House adjourned for half an Hour l)y order of the Speaker. 

Met according to adjourn.men'. 

The Committee for telling the money in the Treasury to be burnt 

[v. 423.] bro't into the House the sum of Three hundred and seven- 

'ty nine Pounds one shilling and six pence old Ten'' Bills of Credit 

on this l*rovince Avhich was burnt to ashes in the face of the Gen' 

Assembly and a^ Conmiittee is discharged from s** sum. 

The House adjournal till to morrow morning nine o'clock by 
order of tlie Speaker. 



Saturday Feb^ 23'' 1754. 

Met according to adjournment. The House adjourned for the 
space of five minutes. Met according to adjourmnent. 

The Act for the more easy prosecuting writs of Ejectment 
passed to be P^nactcd, and sent up by Esq' Macmurphy and Dea. 
Tuck. 



1754.] JOURNAL OF THE HOUSE. 257 

The Committee for telling the money in y^ Treasury to be burnt, 
bro't into the House the sum of fourteen hundred & three pounds 
ten shillings and three pence old Ten"" Bills of Credit on this Prov- 
ince, which was burnt to ashes in the face of the Gen' Assembly & 
said Committee are discharged thereof. 

The House adjournd till three of the clock in the afternoon on 
Monday next by order of the Speaker. 



Monday Feb^ 25"> 1754. 

Met according to adjournment. The Committee for telling the 
money in the Treasury to be burnt bro't into the House the sum of 
[i'. 424.] Eleven hundred and thirty-seven Pounds three shillings 
and three pence old Ten"" Bills of Credit on y* Province of New 
Hamp'' which was burnt to ashes in the lace of the Gen' Assembly, 
and they are discharged therefi"om. 

The House adjournd till tomorrow morning nine of tlie clock by 
order of the Sjieaker. 



Tuesday Feb>' 26'" 1754. 

Met according to adjournm'. 

Mr. David Mitchell brought into the House his acct. for going 
to Boon Island amounting to the sum of fifty eight Pounds one 
shilling old Ten"" and swore unto the truth of the articles therein 
charged in the House. 

The House adjournd till three of the clock in the afternoon by 
order of the Speaker. 

Post 3Ieridiem. 

Met according to adjournment. 

The Speaker being absent and the last Speaker })ro Tempore be- 
ing also absent, Peter Gilman Esq. chosen Speaker pro Tempore. 

Voted That the acct. of David Mitchell amounting to the sum of 
fifty eight Pounds one shilling old Ten' (for going to Boon Island) 
be allowed and paid out of the money y' is or shall be in the 
Treasury. Sent up by Mr. Hale. [Concurred.] 

The House adjournd till tomorrow morning nine o'clock by ord"" 
of the Speaker. 



[p. 425.] Wednesday P'eb. 27"^ 1754. 

Met according to adjournment. 

The Act in addition to the Act for the appointment of Jurors 
having been read tlnee times, Voted Tliat it pass to be Enacted. 
Sent up by Deacon Philbrick & Esq. Philbrick. 

Whereas this House on y*" ninth day of January 1754, Voted 

]7 



^58 PROVI^'CE OF KEW-HAMPSHIKE. [1754. 

that Richard Jenness Esq. and Mv. John Knight be a Committee 
of this House to joyn withsnclius should be appointed by the Hon'''* 
tiio Council to farm out the Excise upon Liquors within this Prov 
ince to the highest Bidder for the s))ace of one year from the first 
■ day of January 1754, inehisively, which vote Avas sent up to the 
.Honorable the Council, and as the House is informed a number of 
the Council added to said Committee of the House, and whereas 
the House is informed that his Excellency hath not assented unto 
said Vote, And inasmuch as the House is of opinion That the Ex- 
cise afores'' will not be of so great Benefit and advantage to the 
Governm' if the farming out the same be i)Ostponed and put ofl", 
as if it Avas soon done. Besides the House thmk they cannot with 
Propriety make Provision for the sujiply of the Treasury untill it 
in known what and how much the s*^ Excise will farm out for, during 
the said Term of one year — Tlierefore Voted, That his Excellency 
, [v. 426.] be requested and desired to give his assent unto the said 
Vote That the Excise afores^ may be farm'd out as soon as possible. 
Sent by Esq. Philbrick & Mr. Knight. 

The Committee for telling the money in the Treasury to be burnt 
l)ro't into the House the sum of Two thousand two hundred & 
twenty-six Pounds and six pence old Ten'' ]3ills of Credit on this 
Province, which was burnt to ashes in the face of the Gen' Assem- 
h\y and the s'' Committee are discharg'd from s"^ sum. 

The House adjournd till three of the clock in the afternoon by 
-oi'der of the Sjieakei'. 

Post Meiidiem 

]Met according to adjournm'. The Committee for telling the 
money in the Treasury to be burnt bro't into the House the sum 
of six hundred ninety two pounds eighteen shillings old Ten"" Bills 
of Credit on y'' Province of New Hamp"' Avhiclx was burnt to ashes 
-in the face of the Gen' Assembly and they are discharg'd from s"* 
sum. 

ThiC Secretary bro't into the House a written message from his 
Excellency relating to the settling y" price of silver, etc. 

Governor's 31essagc. 
[Copied from MS. Gov's Messages, Vol. II. p. 127.] 

Mr. Speaker & 
(tCU^. of the Assembly 

Until the price of silver is settled, whereby the Treasurer may pay 
tiiat part of my salary duo 12"> Decomb'' last, the public accounts cannot 
be thiishtd. tlic Coni'^'^ appointed for that service having neglected it, it 
>yill be necessary for the liouse to resolve at what price the Treasurer 
-Shall pay it at, for his Justification. 

When I met you in General Assemblj', it was not my intention to have 
l;iid before you any other business than what I mentioned in my Speech; 
' but as you have thought tit to engage in busiuess different from my in- 
tention, I must once more put you in nnud, to provide a proper house & 



1754.] jqUIiNxVL OF THE HOUSE. 259 

such other conveniencys as are necessary lor my accommodation, for 
want of which, I have been at an Exti-aordinary Expense for twelve 
years past, the grants made hy preceding Assemblys having fallen vastly 
short of what was absolutely necessary for me to expend. 
Council Chamber in ^ B. Wkntwortu. 

Portsmouth 2G of Peby 1754 > 

Whereas it is necessary that the act for the Better Repairing of 
liighways &c. should be printed, Therefore voted That Eleazer 
ivusscll Esq. get the said act printed and that he get printed to 
tlie nuinl)er ot one Imndred for the use of tliis Government and 
furnisli tlie Governor with one, each of y" Council with one and 
[p. 427.] each of the members of the House of Representatives 
with one, and each Town and Parish within this Province, who 
choose surveyors of liighways with one, and that he be allow'd 
and ])aid out of the Treasury the sum of Eiglit })oiuids fifteen 
shillings new Ten'' for the same, and that the Secretary furnish 
him with a copy of said act. 

Sent up 28"> "by Mr. Thonuis. 

The House adjournd till tomorrow morning nine o'clock by or- 
iler of the Speaker. 



Tliursday Feb. 28"' 17.54. 

Met according to adjournment. The Coimnittee for telling the 
money in the Treasury to be burnt bro't into the House the sum 
of Eleven hundred and ninety eight Pounds One shilling and 
three pence Old Ten'', which was burnt to ashes in the face of the 
Gen' Assembly and they are discharged Irom the Same. 

The House adjournd till three of the clock in the afternoon by 
order of the Speakei'. 

Post Meridiem. 

Met according to adjournment. The House taking under con 
sideration the vote last past relating to the intended Interview 
with the six Nations sent back by the Council — The House ad- 
here to their last vote, Avhich w^as sent back by JMr. ]x)vewell. 

The Secretary came into the House and bro't into the House the 
vote of this House of y*"' 9"' of Jan^ last relating to the selling the 
£p. 428.] Excise and said the Gov' observed that the s'' vote took 
no notice of the Committee's taking Bonds of the i)erson to Avhom 
it should be sold or of giving any notice of the time or place of 
sale, and that he tho't it better that there should be Districts made 
and Collectors in particular Districts than to have it farmed out in 
y" manner proposed by the afores'^ vote. 

Whereas by the act for the emitting the sum of twenty-five 
Thousand Potinds upon Loan There is Provision made by part of 
the Interest thereof, viz. The sum of two thousand Pounds for 
building a state House in the town of Portsmouth, Avhich House 



-00 PROVINCE OF NEW-IIAMPSIIIKE. [1754. 

is not yet built, and whereas it is necessary tliere be such an lionse 
built for the conveniency of tlie sitting of the Gen' Assembly and 
the holding the several Courts in this Province, and whereas it is 
judged that the Parade, so called, by the North meetirig-House in 
Portsmouth afores*^ is the most suitable and ])roper place to set the 
said House upon. Provided the Town of Portsmouth will consent 
thereunto, Therefore, Voted That it be set at s'^ place or adjoining 
thereto as the situation of the Place will best admit of And that 
it be built of wood, agreeable to a plan returnd by the Committee 
appointed to look out for a suitable })lace to set said House upon 
[p. 429.] and prepare a plan, Excejjt the cupola, and Mr. Henry 
Sherburne jun'' and Eleaz'' Russell Esq. be a Committee of this 
House to joyn with such as shall be appointed by the Hon*^'" the 
Council to let out the Building of s** House to such person or per- 
sons as will build the same in the best manner, and at the cheap- 
est Rate not exceeding the said sum of Two Thousand Pounds 
And that if it be let out. To draw out of the Treasury the s*^ sum 
of Two Tiiousand Pounds for the use and lousiness afores**, or so 
much thereof as shall be necessary. And that they Render an ac 
count of their Proceedings Relating to the said affair unto the 
Gen' Assembly from time to time as the circumstances of the case 
shall be. 8^it u}) March y^ P' by Capt. Wentworth. 

The House adjourn'd till tomorrow morning nine oclock by 
order of y' Speaker. 



Fry day March P' 1754 

Met according to adjournment. 

The Lamp act having been three times read. Voted, That it 
pass to be enacted. Sent up by Mr. Wiggin and Mr. Tuck. 

Voted That Richard Jenness Esq. and Mr. John Knight be a 
Committee of this House to joyn Avith such as shall bo appointed 
by y* Hon'''' the Council to farm out the Excise upon Liquors within 
this Province to the highest bidder for the space of one year from 
the fii'st day of January 1754, Inclusively. And that s*^ Commit- 
tee give proper and suitable notice of the time and place of sale 
and also take Bonds with ])roper securities of the person to whom 
s'' Excise sliall be farmed out, payable unto the Ti-easurer of s** 
Province for the time being in manner following, viz. The one 
[p. 430.J half of s*' sum said Excise shall be sold for by the first 
day of July 1754. The one quarter part thereof by the first day 
of October, 1754. And the other (juarter part thereof by the first 
day of January 1755, for the use of this Government Sent up by 
Mr. Knight. 

Voted That Clement March Esq. ct Mr. Henry Sherburn jun"" 
be a Committee of this House to joyn with such as shall be ap- 
pointed by the Hon''"' the Council to confer with the owner or 
owners of the Brick House in Portsmouth in the Province of 



1754.] JOUKNAL OF THE HOUSE. 261 

New Hump'' wherein liis Excellency lately lived, and ^inquire 
whether they will i)ut it into Tenantable Repair and upon what 
Rent or Rents yearly they wou'd be willing to lease it, and for 
how long time, and that they make Report unto the Gen' Assem 
bly Immediately of their doings relating to the premises. 

Sent up by Mr. Hale. [Concurred.] 

The Committee for telling the money in the Treasury to be 
burnt Bro't into the House the sum of eight hundred and seventy 
seven Pounds eleven shillings old Ten'' Bills of Credit on this 
Province which Avas burnt to ashes in the face of the Gen' Assem- 
bly and they are discharged from s'' sum. 

The House adjournd till three o'clock afternoon by order of the 
Speaker. 

[p. 431.] Post Meridiem. 

Met according to adjournment. 

Voted That for the future no member be allowed for his at 
tendance unless he answer the one i)art of the day ,.or be upon 
some business of the governm' or ui)on motion niade to be allow'd 
to have his name enterd. 

The Committee for telling the money in the Treasury to be 
burnt bro't into the house the sum of eight hundred and ninety 
three Pounds eleven shillings and six ])enceold Ten'' Bills of Cred- 
it on y* Province of New Hamp'' which was burnt to ashes in y" 
face of the Gen' Assembly, and they are discharged from s'' sum. 

The House adjourn'd tiil to morrow mornnig nine of the clock 
by order of the Speak"". 



Saturday March 2'' 1754. 

The House met according to adjournment The Secretary bro't 
into the House the Petition of Jeremiah Clough, Philij) Call &c. 
Upon reading tlie Petition above mentioned, 

Voted That it be dismiss'd. 

The Secretary came into the House aiul said he was directed by 
his Excellency to adjourn the Gen' As.^embly till Tuesday the 26"' 
day of March curr't at ten of the clock in the forenoon and accoi'd- 
ingly in his Maj'^" name adjournd the same. 



Tuesday March 26"' 1754, 
A number of the House met but not sufficient to make a House, 
nor the Speaker. The Secretary came into the House and said he 
was directed by his Excellency to adjourn the Gen' Assembly till 
[p. 432.] three of the clock in the afternoon and accordingly ad- 
journed the same. 



262 PROVINCE OF NBW-IIAMrSHIRK. [17o4, 

Post Meridiem. 

Tiie House met according to adjournment And Mr Speaker 
Weare being absent, Voted tliat Peter Oilman Esq. be Speaker pro 
Tempore, and accordingly he took the chair. 

The Seci'etary br(night into the House a written message from 
his Plvcellency and left the same with the Speaker. 

Governor s Message. 

[Copiod trom MS. Gov''s Messages, Vol. II. p. 120..] 
Mi\ Speaker & Gentlemen 
of the Assemhlg. 

The breaking down the doors of the rrovincial Goal & setting at liberty 
two Criminals Indicted for niurther, in the most insulting and insolent? 
manner, is a matter so well known, & the particular cii'cumstances at- 
tending the tumultuous outrage of the people that committed the fact, are 
so clearly evident to the respective members of the Legislature, that I 
need not take up any part of your time to iuf(>rm you of the incidents at- 
tending it. But, Gentlemen, To shew yonr abhorance and detestation of a 
crime so apparently destructive of government in general, so injurious to 
society, so dangerous to our Constitution, so lieinously aggravated, & 
even conmiitted contemptuously during the Session of his Majestys Su- 
perior Court of Judicature, merits your inmiediate attention, «t I do in 
the most pressing terms recommend the consideration of this insult on 
the authority of Government, which threatens nothing less than total sub- 
version of that Government his Majesty has been graciously pleased to 
Kstablish, as most worthy your lirs't care, and to which all other public 
concerns must & ought to give place. Therefore, That the Honour, wel- 
fare, safety il- peace of the Government may be preserved, as well as the 
guilt of blood removed from the Government, your assistance is required 
that the i)erpetrators favourers, advisers or those that have been in 
anj' ways aiding or assisting in committing this horrid crime may be 
brought to couilign punishment, & sucJi a Law Enacted as may prevent ca- 
lamitys of the like nature for the future, otherwise I shall not think my 
person safe in attending the King's business, & an end must be put to the 
administration of Government, until a representation can be laid before 
his Majesty for his further direction & connnands herein. 
Council Chamber in rortsnV, March 26, 175t. B. Wkxtwouth, 

{/Correspondence., <^c. relating to the abovesald affair. — Ed.] 

[Copied from Prov. Bee. Book I. pp. 20(1, 268, 271.] 

Boston, February 4, 1754. 
Sill— 

Your Excelleney may remember my Letter to you dated 17"^ of Septem- 
ber last, wherein I acquainted you with an account we had of a barbarous 
murther said to be committed unthin the Frovince of.Xexo Hampshire vpon 
two Indian.s nf a 'Tribe inamit;/ irith the English. I was afraid it had then 
come to the knowledge of the Indians, and that complaint Avould have 
been made at the Conference, but no notice was taken of it then. I have 
this day received a letter from Capt. Lithgow of Fort Kichmond advis- 
ing me that it is now come to their knowledge and that they ore deter- 
mined to recenye the murther. I shall send your Excellency copy of his 
letter so far as relates to this aftair. It will probably be attended * * * 
consequence to the Frontiers of one or both f>f the Provinces, if this mur- 
ther be not detected and punished. I will send ta Cok Miirofc who gave 



1754.] JOURNAL OF THE HOUSE. 263 

me the first Information and desire him to obtain all further inforraatiou 
possible and transmit it by the next Post, until when youT P^xcelleucy has 
some knowledge of the Persons concerned so as to be able the secure 
them. I doubt not you will think it prudent to keep the aflfiiir as private 
as may be. 

I am with great respect, Sir, 
Your Exc^s niost Humbi and most obedient serv* 

W. SlIiRLEV- 

His Excellency Benning Wentworth, Esq. 



Affidavits. 

Thomas Barrett and Ephraim Jones both of lawful age testify ami de- 
clare that in the month of August 1753 being in the Town of Kumford in 
the Province of New Hampshire at the house of Mr. Henr^ Lovejoy Avheu 

Bowcn who belonged to a Place called Contoocook above Rumford: 

on Merrimack River & who was supposed to be guilty of killing two In- 
dians in June last — hapened to come to said House and Stvcral Questions 
being asked him in our hearing concerning the same, and of his being 
guilty of the Fact and though he did not openly acknowledge the Facts. 
yet he gave reason to all persons to think by his answers and actions that 
he was not innocent Saying that if he did it, it was in his own Defence, 
and after his departure i'rom us Mr. Lovejoy related to ns the whole Tran!«- 
actionashehad heard it declared or hinted by said Bowen and some others 
at several times before — many or most of which Facts he thought might 
be made to appear & which according to the best of our remembrance was 
of the following Import viz — That two Indians one named Sabbatas and 
the other Plausaway came to said Contoocook about the beginning of JuneA- 
having the value of about two hundred Pounds Old Teni" in Beavers ajid 
other effects. The said Sabbatas being known to be one of the two In- 
dians who took two Negros at that Settlement the Year before & carried 
one of them to Canada the other making his Escape the said Bowen pro- 
cured a Gallon of Rum from Rumford and he with one or two other?; 
whose names we do not remember in Company with said Indians gave 
them Rum very freely, and took an opportunity to draw the charges out. 
of the Indians without their knowledge, and then went with them into 
the woods, and getting them some distance apart said Bowen had an en- 
gagement with s'' Sabbatas who it was said flashed his gun at him, &thc s'' 
Bowen Struck his Hatchet in s'l Indians Head then choped him several times 
in the Back & afterwards with a knife Stabb'd him to Death — The other Itt- 
dian coming up to him begged of him that he would not kill him but s'^ Bow- 
eu without speaking to him Struck him on the Head and kiled him on the 
spot, and leaving them by the Path Side till next morning it was said 
Bowen with his son as it is supposed went and dug a hole by the Path 
Side & then threw them into it and covered them with earth — but so shal- 
low that the dogs or other creatures uncovered them and their Bones have 
ofteti been since seen. 

Thomas Barrett 
Ephraim Jones 
Middlesex ss. 
Concord Feb O'^ 1754. 

Then the above named Thomas Barrett & Ephraim Jones came before 
nie the Subscriber and made Oath to the truth of the foregoing decleration 

James Minot Justice of the Peace 

Eleazcr Melvin of lawful age testifieth &. declared that he heard the sub- 
stance of the foregoing Decleration or to the same purport in August last 



264 . nioviNCE of nkw-hampshiee. [1734. 

from Mr. Lovejoy and some others, and further declares that about the 
same time in conversation with s<' Boweu he asked him concerning the s<> 
Indians wether they were certainly dead, and he answered he would war- 
rant it, and that they never would do any more mischief to the English or 
to that effect, and if he killed them he did it in his own Defence as he 
could prove 

Eleazer Melvin 
Middlesex ss Concord Feby 9»i 1754 

Then the above named Eleazer Melvin came before me the subscriber & 
made Oath to the Truth of the above named Decleration 

James Minot 

Justice of the Peace 



Jjetter from Governor /Shirley. 

[Copied from Prov. Kec. Cook I. p. 208.] 

Boston, February 9-'» 1754. 
Siu.— 

I have now to acquaint your Excellency that upon receiving Intelli- 
gence that the French have built, or are building a Fort near Kennebeck 
River towards the Head of it, I think proper to send an officer with a 
number of men from Richmond port to find out the Place where the Fort 
is built or building, and to require the Commander of it, in the name of 
his Majesty forthwith to draw off his people from the said Place, as 
lying within his Majesty's Territories. 

And as I expect they will meet with Indians in their march, who will 
challenge them with the nnu'ther I mentioned in my last letter to you, 
I must intreat your Excellency to give Captain William Lithgow by Let- 
ter to go by this Express (who is ordered to wait your command) advice 
what your Governm'' is doing in oi'der that justice be done to the Indians 
in this unhappy affair. 

I am with great Regard. Sir, 
Your Excellencys most Humble and most Obedient Servant 

W. SlIIULEY. 

His Excellency Govern'' Weutworth. 

TjCtter from Governor /Shirley. 

[Copied from Prov. Roc. B. I. p. 271.] 

Boston, April 1. 1754. 
Sin, 

I am favour'd w ith two of your Excellency's Letters bj' the Post before 
this; and upon considering that part of your Excellency's Letter of the 
22'' of the last month, which relates to tlic riotous & riolenl Brealdng open 
your Frisnn & carrying off the Prisoners indicted for the murther of the 
two St. Francois Indians, I would submit it to your Excellency's consid- 
eration, whether it would not be of service for your Goverumt to grant a 
Present to some of the nearest Relations of the deceased Indians, for 
vnping off tlia Blood, ixa i\\Qy term it : Which may possibly have a good 
effect, and in some measure soften the Resentments the whole tribe have 
of this great Injury; for the like method used by this Governm"^ after the 
murther of the Indians at Wiscasset, had success for preventing a War at 
that time : and further I apprehend it may be of some advantage for alle- 
viating tlie Wrong done the Indians, to set before them the Provocation 
given tliese men by the Indians carrying off two Negroes belonging to 



1754.] JOURNAL OF TIIP: HOUSE. 265 

them (& selling one of them nt Crovvu Point) at a time Avhen they 
were received kindly by the English, & they themselves made a shew of 
Friendship: Tho' this can by no means jnsti fy the barbarons act of 
murther; It might likewise be proper to put the Indians in mind of tho 
murther committpcl by thrni upon tlie EnijUsh men near Merrimack Hirer, all 
which taken together is a full Reprisal of the wrong done them by the 
English : notwithstanding which, That it is your Excellency's full purpose 
upon the recovery of the Prisoners (for which you arc using all proper 
means) that they shall be brought to a legal trial for the murther they 
stand charged with by the Indictment of your Grand Jury. 

I have more to say to your Exo but am obliged thro' a great hurry of 
business to postpone it, untill the next post, when I will have the honor 
of writing to you. 

I am with much regard. Sir 

Your ExcJ** most hum'''' and most ob'' serv'. 

W. SlIIlU.EY. 

His Excellency Benning Wcntworth, Esq. 



2Vie liesciie. 



The Hon. Chandler E. Pottur, in the Farmcr'a MoHllihj Visilor Sept. 
1853, gives an extended relation of Christo, Sabatis and Plausawa — three 
Indians, of whom tlie two latter were murdered. To this account the 
curious reader is referred. Mr. Potter says of the persons suspected of 
the murder: Henry Bowcn and Morrill, they were "arrested, in- 
dicted for the murder and put in Jail al Portsmouth to await their trial. 
They were to have been tried on tlie 2 1st of Marcli, 1754. The night pre- 
vious to the day appointed for their trial, a party of men from (."anter- 
bury, Contoocook and the neiglil)oring towns, appeared in Portsmouth, 
broke open the jail, knocked tlie irons from Bowen and Morrill, and set 
them free. Tliis outrage produced great excitement in the community-^ 
some endeavoring to discover and retake the murderers, and others fa- 
voring their escape. 

Both the murder and the rescue, however, were generally justified in 
the community. And, although rewards were ottered by (iovernor AVent- 
worth for the apprehension of Bowen and ^Morrill, jet in a short time 
they went oi)enly about their business, without fear of molestation, and 
the men engaged in breaking the jail at Portsmouth, ihough well known, 
were never cidled to account, but on the contrary, were considered as 
having performetl a most meritorious act. In fact, some of the most 
substantial men in the country were engaged in the rescue, — by act or 
advice, — and the Government could not have inade an arrest had they 
made the attempt. Presents were afterwards made to the relatives of 
these Indians l)v the Government of New Hampshire, and thus the ' blood 
was wiped away' to the satisf;Wtion of the Indians." — Ed. 



Voted, Thiit the liearing upon the Petition of Ehen'' Sj)aul(ling, 
Isaac Page and others, and also of Joseph Butler be put off till 
Thursday next. 

The House adjounul till tomorrow Tnoniing nine o'clock by or- 
der of y" Speaks 

Wednesday March 27"^ 1754. 
Met according to adjournment. 
A verbal message sent to the Honourable the Council desirinor 



260 PROVINCE OF NEW-HAMPSHIRE. [1754. 

tliat the CouTieil and House might meet and liave a conference 
relating to the late Riot committed by l)reaking up the Province 
Goal and rescuing the two Persons Im))risoned and Indicted for 
the murther of two Indians, and the written message sent to this 
House by his Excellency relating to the s*^ Plot also, sent to the 
Council by Col. Gilman and Matthew Livermore who return'd and 
said they had delivered the message. 

[p. 433.] Voted That there go out a Precept to Kingston to 
meet on Monday the Eighth day ot April next to make choice of 
some suitable person to represent the s** Town in Gen' Assembly 
in the stead and room of Jedediah Philbrick Esq. Dec'd, and that 
the Person who shall be elected appear in the Gen' Assembly on 
the ninth day of April next, if the Gen' Assembly be then sitting, 
and if not then sitting, then on the tirst day of their sitting after- 
wards. 

The Secretary came into the House and said the Council Avere 
willing and ready to confer with the House and to do any and 
every thing in their Power towards the discovery and detection 
of the Persons concerned in the late Riotous breaking open the 
Prison and Rescuing the Persons there imprisoned and Indicted 
for the murther of two Indians and to attend the s** Business, as 
soon as the House were ready. 

Whereupon the House Informed the Council y' they were ready 
— and the Secretary answered they would attend it either in the 
Council Cliamber orin the House of Rejjresentatives (if the House 
would adjoTU-n) whereupon the House adjournd — till three of the 
clock in the afternoon, by order of the Speaker. 

[i>. 434.] Post Meridiem. 

Met according to adjournment. 

Memorandum — After the adjournment in the forenoon the Coun- 
cil and House met in the House of Representatives and had a 
Conference relating to the breaking open the Prison (a) &c. 

(a) Jour. C. &. Ass. March 27, 1754. The Council took under consid- 
eration the subject matter of his Excellencys message to the house of 
yesterda}' tlie same liaving been commvyiicated tothe Board by the House, 
and are of opinion Tliat 'tis necessary totiialve tlie utmost scrutin}' into that 
affair, and therefore Ordered that the Secretary forthwith Issue Sumons 
directed to tlie High Sherifl'or liis Deputy to sumon the several Innholders 
on the road between Cliester & Portsm" where a numljer of persons, wlio 
being assembled in a tumultuous manner had the day preceediug the riotous 
Breaking up the Province (ioal stoped and to any other Person or Per- 
sons that may be thought capable of giving any acc^ of the Persons connec- 
ted in the before mentioned riot. 

A Precept Issued for the choice of a Representative for Kings- 
ton in the Room of Jedediah l^hilhrick Esq. dec'd. 

Voted That a summons Issue out from this House signed by 
the Speaker to summons sundry persons to appear before this 
House as soon as may be. 



1754.] JOURNAL OF THE HOUSE. 267 

A Summons accordingly Issued in pursuance of the afors*^ vote. 
Tlie House adjourn'd till tomorrow morning nine o'clock by 
order of the Speaker. 

Thur-sday March 28"^ 1754. 

Met according to adjournment. 

The Petition of Nicholas Smith being bro't from the Council' 
into the House, and it appearing that the Party (who are not mt 
nors) interested in y' estate referr'd unto in the s'* Petition have 
Liberty to bring in a Bill. Sent up by Coll. Gilman. 

The sum of £12: 11: 6, allow'd unto the legal Representative of 
John Boyd, dec'', for wages unde'' Capt. John Goft'e in y"' year 1748, 
£0 : 11 : 5 for ammunition and to Capt. Goffe The sum of £8:0: ()• 

fp. 43').] for his Billeting: also the sum of £l : 1.') : 4 unto John 
lamlet for wages, and £l) : 1 : 8 for ammunition, and to Capt. 
Goffe £1:2:6 for his Billeting heretofore omittetl in making up 
a muster Roll of the s'' Capt. Goffe. Sent ui> by Mr. Macmurphy< 
[All concurred.] 

The House adjourn'd till three of thi' clock in y* afternoon. 

Post Meridiem. 

Met according to adjournment. Upon hearing Jo.sej)h Butler 
upon his Petition and the Selectmen of Londonderry, Voted, That- 
the prayer of the Petition be granted and y' the Petitioner have 
liberty to bring in a Bill accordingly. [Concurred.] 

Voted That the Petition of Eben'' Sjniulding and others be dis 
miss'd. 

The House adjournd till tomorrow morning Eight o'clock by 
order of y* S))eaker. 



Fryday March 20"^ 1754. 
Met according to adjournmen'. 

The House adjournd till three of the clock in th? afternoon by 
order of y" Speaker. 

Post Meridiem. 
Met according to adjournm' [and] adjournd till to morrow morn- 
ing nine o'clock, by order of the Speaker. 



Saturday March 30''' 1754. 
Met according to adjournment. Thomas Packer, Esq. Sheriff" 
bro't into the House an ace', amounting to the sum of £37 new 
Ten'' for sundry services done, which was order'd to lay for consid 
eration. 



'268 PHOVINCE OF IsEW-HAMPSHIRE. [1754. 

The Secretary caine into the House and said he ^yas directed by 
[r. 436.] his Excellency to adjourn the Gen' Assembly till Tues- 
day the ninth day of April next nine ofthe clock in the forenoon 
and accordingly adjoxirn'd the same. 



April 9"' 1754— Tuesday. 
The House met according to adjournm'. The Secretary came 
into the House and adjourn'd the General Assembly to three of 
the Clock in the afternoon. 

Post Meridiem. 
Met according to adjournm'. Voted that Eleazer Russell Esq. 
be Clerk pro Tempore. 

The House adjourn'd till to morrow moru" nine of the clock. 



April 10"^ Wednesday— 1754. 

Met according to adjournment. Voted, that Mr. Zebulon Gid- 
ding and Mr. John Knight be a Committee of this House to joyn 
Avith such as shall be a])pointed by the Hon*"'"-" the Council to tell 
over the Principal of the Loan in the hands of the Trustees (for 
the twenty-five Thousand Pounds Loan) And to Receive the Same 
and bring it into the Gen' Assembly to be burnt to ashes. Sent 
up by Mr. Knight. [Concurred.] 

An act to authorize and direct the Selectmen of y^ town of Bow 
in assessing the polls and Estates within s'' Township, pass'd to be 
enacted. Sent up by Mi-. Knight. 

[p. 437.] The House adjournd till three of the Clock in the 
afternoon. 

Post Meridiem. 

Met according to adjournment. 

The Vote for Compiling a new Body of Laws bro't down by the 
Secretary Feb. 22'' Sent back by John Macmui-])hy Esq. with a 
message that y" House did not see it necessary that there should 
be an act made to carry the Same into execution. Also the Vir- 
ginia Act sent up at the same time. 

The House adjourned till tomorrow morning nine o'clock by 
order of the Speaker. 



Thursday April 11"' 1754. 
Met according to adjournment. The Committee for Gove" 
House made repoit as on iile.(l) 



(1) This Keport not found.— Ed. 



1754.] JOURNAL OF THE HOUSE. 209 

The House adjourned till tomorrow morning nine o'clock by 
order of the Speaker. 



Fryday April 12"' 1754. 

Met according to adjournment. 

The sum of £6 : 16 : 6 new Ten"" allow'd Mr. Edm"* Brown on 
his acct. Sent up by Mr. Sanders. A message sent to his Excel- 
lency to acquaint him that there Avas a member returned from 
Kingston to sit in Gen' Assembly in room of Jedediah Philbrick 
Esq. dec'd, by Mr. Wiggens <fe Mr. Lovewell. 

[p. 438.] The House adjournd till three o'clock afternoon by 
order of y" Speaker. 

Post Meridiem. 

Met according to adjournment. The House adjourned for the 
space of six minutes by order of the Speaker. 

Met according to adjourinnent. The act for dividing the Estate 
of John Mudget. dec'' having been read three times, Voted That it 
pass to be enacted. Sent u[) b}- Coll. Oilman. [Assented to.] 

The House adjourned till to morrow morning nine o'clock by 
order of the Speaker. 



Saturday, April 13"> 1754. 

Met according to adjournment. The House adjoin-n'd for the 
space of six minutes by order ot the Si)eaker. 

Met according to adjournment. 

The act for suppressing of Lotteries having been read three 
times pass'd to be enacted and sent up l)y Mr. Page, Mr. Tuck and 
Mr. Stevens y" 17"*. 

The Secretary, Capt. Wibird and Capt. Warner came into the 
House and qualifyed Mr. lienj* Stevens (sent by Kingston to repre 
sent them in General Assembly in the room of Jedediah Philbrick, 
Esq. dec'd) to sit in General Assembly. 

Additional act for regulating the Militia having been read three 
times Voted, That it pass to be enacted. 

Additional Act for the pi'eventing of gaming having been read 
three times Voted That it pass to be Enacted. 

The Act directing and Regulating the appointm' and choice of 
[p. 439.] Petit Jurors having been read three times, Voted that it 
pass to be enacted. The three foregoing Acts sent up y'= 17"" by 
Mr. Page, Mr. Tuck and Mr. Stevens. [All assented to.] 

The House adjourn'd till Monday next three of the Clock in the 
afternoon by order of the Speakei'. 



i^70 PKOVINCE OF NEW-HAMPSHIUE. [1754. 

Monday, April 15"^ 1754. 

Post Meridiem. 

A number of the House met but not the Speak"". The Secretary 

came into the House and said he was directed by his Excellency 

to adjourn the Gen' Assembly till to morrow morning ten o'clock, 

;md accordingly adjourn'd the same 



Tuesday, April 16"' 1754. 

Met according to adjournm*. The Speaker being absent, Mr, 
Henry Sherburne jun*" chosen Speaker pro Tempore. The Com 
mittee ai)pointed for telling the Principal of y'= Twenty five Thou 
sand Pounds Loan in the hands of the Trustees bro't into the 
liouse the sum of Eight hundred and sixty three pounds, fifteen 
.shillings & seven pence half penny New Ten"" which was burnt to 
ashes in the face of the Gen' Assembly, and they are discharg'd 
from s'' Sum. 

The House adjoui-nd till 2 of the clock in y" afternoon by order 
<if y" Speaker. 

Post Meridiem. 

Met according to adjournment. 

The Secretary bro't into the House the Petition of the Select- 
men of Merrimack for a Tax on the lands lying in s*^ Merrimack 
belonging unto non Resident Propiietors. 

[r. 440.] He also bro't into the House the petition of Joseph 
IJntler and said the Council v:ere of opinion that a vote would An- 
swer the end as well as an act. 

Tlie House upon reading the vote of Council upon the Vote of 
this House pass'd on the Petition of Joseph Butler the 28"" of 
March 1754, Voted that the House adhere to their former vote. 
Sent up by Mr. Lovewoll. 

Upon reading the petition of the Selectmen of Merrimack, Voted 
tluit the Petitioners be heard on the s'' Petition on the third day 
of the sitting of the Gen' Assembly next after the last day of June 
next, and that the Petitioners at their own cost insert the substance 
of the s'' Petition and orders thereon in two of the public papers, 
Viz. In y" Post Boy print and the Tuesdays paj^er three weeks 
successively, that any person or persons may shew cause, if any 
they have, why the Prayer of the Petition shou'd not be granted. 
Sent up by Esq"" Macmurphy. 

The Committee for telling the principal of the Twenty-five Thou- 
sand Pounds Loan in hands of the Trustees bro't into the House 
the sum of twelve lumdred and ninety two Pounds seven shillings 
and six pence new Ten'' Bills of Credit which was burnt in the 
House in the face of the Gen' Assembly. 

The House adjourn'd till to morrow morning nine o'clock by 
order of y'' S])eak'". 



1754.] JOURNAL OF THE HOUSE. 271 

Wednesday, April 17"' 1754. 

Met according to adjournment. 

[p. 441.] The Riot Act being read tliree times. Voted v' it pass 
to be enacted. (1) Sent up by Mr. Page, Mr. Tuck *fc Mr. Stevens. 

Whereas there is at present no Provincial House for the Gov- 
ernour of this Province to live in, and Whereas it is judged expe- 
dient that there should be such an liouse provided as soon as may 
be, if a way can be found to effect the same. Therefore Voted that 
Mr. Speaker, Mr. Henry Sherburne jun. and Matthew Livermore 
be a Committee of this House to joyn with such as shall be a])- 
pointed by the Hon'*"' the Council to make enquiry whether sucii 
an house can be purchased and for what Sum or whether it is best 
to build one and if so, to make Enquiry where is a convenient 
place to build such an house upon and to make Keport as soon as 
may be. Sent up by Cajit. Bell. [Concurred.] 

The Committee for telling the Princi])al of the Loan of Twenty- 
five Thousand Pounds in the hands of the Trustees, bro't into the 
House the sum of sixteen hundred and eighty four I^ounds nine- 
teen shillings and three pence new Ten"" ]>ills of Credit which was 
burnt to ashes in the face of the Gen' Assembly. 

The House adjourn'd till three of the clock in the afternoon by 
order of the Speaker. 

Post Meridiem. 

Met according to adjounuii'. The Act to enable Itich'' Jenness 
the third farmer of the Excise to administer an Oath etc. to any 
Tavern keeper A:c. having been ivad three times, A'oted That it 
pass to be enacted. Sent uj) by Docf March. 

[r. 442.] Upon Heading the memorial of Thomas Wallingford 
Esq, tfec. relating to a Provincial work house, (a) A'(>ted That Mr. 
Speaker Weare Coll. Peter (Oilman and Mr. Joir' Lovewell be a 
Committee of this House to joyn with such as shall be appointed 
by the Hon'*' the Council to consider of the s'' memorial what 
they think proper to be done l)y the Governni' relative thereunto 
and make llejiort thereof unto the General Assembly as soou as 
may be. Sent up by Mr. Sanders. 

(a) Jour. C. & Ass. April 17, 1754. Mr. rage from the lloii;;e hro't up 
the mcuiorial of Thomas Walliugforcl & others a Comlttco appointed by a 
society of Gentlemen who had raised a sum of money for building a work 
house and making an otter thereof to the Province &c. and a vote of the 
House thereon appointing a Comittee to consider thereof and report 
thereon — read &, concurred and a Comittee added. 

Adjourned till tomorrow 10 o'clock A. M. 

The })rojected vote relating to the money in Great Britain in 
the hands of John Thomlinson Esq. agent at the Court of Great 
Britain for this Government, being read. Voted that it lay till to- 
niorroAV morning for consideration. 

(1) See said Ai;t in full, in MS. rublic ActM, Secrctai-T'.s office. 1741— <;j. pp. SCT)— 2(;«. 
-Kd. 



272 PKOVINCE OF NEW-HAMPSHIRE. [1754. 

Upon reading tlie ace' of George Mitchell P^sq. for drawing a 
Plan of this Province, 

Voted, That Coll. Peter Oilman and John Page Esq. be a 
Committee of this House to joyn with snch as shall be appointed 
by the Hon'"''' the Council to consider of the demand of the s* 
George Mitchell Esq. and Avhat they think proper to be done 
thereu[)on, and make Report thereof to the Gen' Assembly as 
soon as may be. Sent up by Mr. Wiggin. 

The Committee for telling the Princijial of the Twenty-five 
thousand Pounds Loan in the hands of the Trustees, bro't into 
the House the sum of sixteen hundred and forty five Pounds sev- 
enteen shillings and nine pence new Ten"" Bills of Credit, which 
was burnt to ashes in the face of y* Gen' Assembly. 

[p. 443.] The House adjouiii'd till tomorrow^ morning nine 
o'clock by ord' of y" Speaker. 



Thursday April 18"^ 1754. 

Met according to adjournment. 

Ml*. Jonathan Lovewell one of the Excise Collectors for this 
Province exhibiting an account of the money by him received and 
of his own Excise, and of what he had paid the Treasurer, and 
having sworn to the Same and producing vouchers from the Treas- 
urer for the Ballance paid him amounting to the sum of fifty eight 
Pounds seventeen shillings and six pence new Ten"", Voted, That 
the s** ace' be received and accepted. Sent up by Mr. Lovewell. 
[Concurred.] 

The Committee for telling the Principal of the twenty-five 
Thousand Pounds Loan in the hands of the Trustees bro't into 
the House the sum of twelve hundred and sixty three Pounds, 
fifteen shillings and ten pence half Penny new Ten"" Bills of Cred- 
it new Ten"" which was burnt to ashes in the face of the Gen' 
Assembly. 

The House adjourn'd till three of the clock in the afternoon by 
order of the Speaker. 

Post Meridiem 

The act for preventing the Destruction of alewives in their pass- 
ing through Cohass Brook(l) into great IMassabesie Pond, having 
been read three times. Voted that it pass to be enacted. Sent up 
[p. 442.] (2) by Esq' Maemurphy. 

The House adjourn'd for the space of five minutes by order of 
the Speaker. 

Met according to adjournm'. 

The Act for the Proprietors of the Cominon lands in Portm" 
having been three times read, Voted, that it pass to be Enacted. 
Sent up by Deacon Philbrick. 

(1) Cohass Brook was the outlet of Massabesic pond, into the Merrimack river 
where once was the farm of Capt. John Goffc. — Kd. 

(2) Bj' error of the Clerk, pp. 442, 413, are repeated.— Ed. 



1754.] JOUEXAL OF THE HOISE. 273 

The Committee for telling the principal of the Twenty-five 
thousand Pounds Loan in the hands of the Trustees bro't into the 
House the sum of fourteen hundred and one pounds and nine 
peHce new Ten"" Bills of Credit, Avliicli was burnt to ashes in the 
face of the Gen' Assembly. 

Voted that Thomas Millet, Kichard Jenness and Eleazer llussell 
Esq, be a Committee of this House to joyn with such as shall be 
appointed by the Hon*''"^' the Council to tell over what Bills of 
Public Credit now are in the hands of the Treasurer to be burnt 
according to acts of the (ien' Assembly and bring the same into 
the Gen'AsscmV^ly in order to be l)urnt to ashes. Sent up by Mr. 
Lovewell. 

The Act for Incorporating Summersworth into a Town being 
read tluee times. Voted that it pass to be enacted. Sent u]) by 
Mr. Sanders. 

The House adjournd till to morrow morning nine o'clock by or- 
der of the Speaker. 



Fryday, April 19"' 17.54. 

Met according to adjournment. 

Whereas it appears" by Letters from John Thomlinsou Es(i. 
Agent for this Province at the Court of Great Britain, That he 
[p. 443.] (2) had, with part of the money in his hands belonging 
to this Province purchased annuities to the amount of Twenty 
Thousand Pounds Sterling money of Great Britain, which, for 
want of Proper Power of Attorney stood enterd in his own name, 
Avhieh is not consistent Avith the Interest of the Province There- 
fore Voted that Theodore Atkinson, llichard Wibird, Meshech 
Weare Esqs. and Mr. Hein-y Sherburne jun. be and hereby are 
Nominated and apjiointed Trustees for this Province in the Res- 
pect and to the Pui))ose hereafter in this vote declared and a Com 
mittec they or the major part of them to make, seal and execute 
in behalf of this Province a proper Power of Attorney to tlie said 
John Thomlinsou Escj, Impowering him and liis Executors or ad 
ministrators in ca.se of his Decease to accept the said annuities, 
and all such as he hath since or shall hereafter purchase with the 
money belonging to this Province for, and cause the same to be 
entered in the said Books to, and in the names of the said Theo 
dore Atkinson, Rich'' Wibird, Meshech Weare and Henry Shcj- 
bern jun. as Trustees for this Province in such way and manner as 
that it may appear that the said annuities and all the Interest, 
Profit and' advantage that shall arise thereby belongs to this Prov- 
ince : And to invest him or them with full Power and authority to 
do any act, matter or thing necessary to the Purpose aforesaid and 
to Enable him the said John Thomlinsou Esq. to Receive tlie said 
Interest and apply the same as the said Trustees or the major part, 
of them or their successors in the said trust shall from time to 



274 PROVINCE OF NEVV-lIAMrSHIRE. [1754. 

tune Direct pursuant to such orders thei'oto lielating a^ they shall 
from time to time receive from tlie Gen' Assembl}'. Sent up by 
Mr. Tuck. 

The Committee for telling- the Principal money in the hands of 
the Trustees of the twenty live Thousand Pounds Loan brought 
into the House the sum of three thousand five hundred and thirty 
seven Pounds eighteen shillings and nine pence new Ten"" Bills of 
Credit which was burnt to ashes in the face of the Gen' Assembly. 

The House adjournd till three of the clock in the afternoon by 
order of y*^ Speaker. 

Post MeridieJii. ♦ 
Met according to adjournment. 

Voted Thiit the Treasurer send out his warrant for collecting 
the Province Tax for the current year (which ma} be jiaid in spe 
cie) agreeable to the Prices fixed and set to the following articles, 
viz. 

Neio Tenor. 

•Vlercliaiitjible llcinp pr Hundred £4 : 10 : 

Flax pr Pound : 1:2 
Winter and first fare Isle of Sable merchantable cod-fish pr 

Quintal 1:10:0 

r>arr Iron pr jiundrcd ^ 2 : 10 : 

Uye pr busliel : G : 

Wheat pr Do 0: 8:0 

liarley pr Do 0: 5:0 

I'ease pr Do 0:10:0 

Indian Corn pr Do 0:5:0 

Pork pr pound : : (> 

P.eef pr Do 0:0:3 

.Joyce pr Thousand L> : 10 : 

Merchantable white pine Boards pr Do - : 15 : 

White-oak two inch plauk pr Do 10 : 0:0 

liecs wax pr ponnil : 2:0 

Pitch pr J5arrel 1:10:0 

[p. 445.] Tar pr b;UTel 1:5:0 

Turpentine pr Do 2:0:0 

Bay -berry Wax \)Y ponnil : 1 : (! 

I'.'vnu'd sole leather pr Do : 1 : 9 

Sejit up by ]VIr. Tuck. [Concurred.] 

The Connnittee for telling the Principal of the Twenty-five 
Thousand pounds Loan in the hajids of the Trustees to be l>arnt, 
hro't into the house the sum of Two tliousand four hundred and 
thirty-eight Pounds seventeen shillings and five pence half penny 
New Tenor IJills of Credit which w!i.s burnt to ashes in the face of 
the Gen' Assembl}-. 

The House adjournd till tomoirovv murning nine o'clock by or 
der of y*" Speaker. 



1754.] JOUKXAL OF THE HOUSE. 275 

Saturday April 20''' 17.54. 

Met according to adjournment 

The Secretary came into tlie House & said lie was directed by 
liis ICxcellency to Inform tlie House that he should adjourn the 
Gen^ Assembly till Monday next. And he had orderd the Treas- 
urer to lay such accounts before the House as tliey sliou'd desire, 
and that he would have the late Treasurer's accounts settled and 
finished in the first place for that lie wanted them to send home. 

The Secretary came into the House and said he was directed by 
his Excellency to adjourn the Gen'. Assembly till Monday next 
ten o'clock in the forenoon and accordingly adjournd the same. 



[p. 446.] Monday April 22^^ 17o4. 

A number of the House met, but not a House nor the Speaker. 
[Adjourn'd till 3. P. M., and again adjournd till] 

Tuesday, April 23'', 1754. 

Met according to adjournm'. 3Ir. Sjjcaker Weare being absent, 
the House made choice of Mr. Henry Sherbui-n Speaker pro 
tempore. 

The House adjourn'il till three of tlie clock in the atternoon by 
order of the Speaker. 

Post 3Ieridiem. 

3Iet according to adjournm' Voted That Mesliech Weare Esq. 
Mr. Henry Sherburne jun. Peter Gilman, p]sq. Thomas Bell Esq. 
and Matthew Livermore be a Committee of this House to Joyn 
with such as shall be appointed 1)y the Hon'''"' the Council to ex- 
amine the accounts of the late and i>resent Treasurer which now 
remain unsettled and to make their Itepoit to the Gen' -\ssembly 
[p. 447.] as soon as may be. Sent up 24"' by I\Ir. Sanders. 
[Concurred.] 

The House adjourn'd till tomorrow morning nine o'clock by or 
der of the Speaker. 



Wednesday April 24"' 1754. 
Met according to adjournment. The act for ciioosing (irand 
Jurors and directing their service being read three times, Voted 
That it pass to be enacted. Sent up Ijy Capt. Wentworth. 

Answer of the House to the Governor's J]fcssage. 
May it please your Excellency, — 

We have had your Excellency's message of the 20^'' day of March last 
flelatLve to the high handed crime of Breaking opeu the Froviuclal Goal 
;jnd setting at lil)erry two criminals Indicted for raurthor, under our cou- 



27G PROVINCE OF XEW-HAMPSIIIUE. [1754. 

sideration, are very sensible that such pi'actices are an open Insult upon 
and manifestly subversive of all Government and authority, and that much 
it concerns every one in their respective stations to exert themselves that 
oflenders may be brought to condign Punishment, and such pernicious 
practices prevented for the future and we are arc unanimously disposed 
to do all in our power in order thereto and we have applied ourselves to 
carry out the most likely methods to attain that end and to promote peace 
and good order in the Governm'; and in order hereto have prepared and 
pass'd Acts for cluising grand and Petit Jurors for attending the sevei'al 
Courts in such a way and manner as we appreheud will be most likely to 
have Jurors to serve at said Courts who will be qualifyed for their re- 
[p. 4-4S.] spective Business and the least burthensome on account of at- 
tendance; and also an Act for suppressing of Riots for the future. To 
all which we pray your Excellency's assent, and we desire that such offi- 
cers whose proper business it is to nuake out process against or to appre- 
hend such as were concerned in said crime may be directed to do their 
duty and that all necessary orders may be given for such aid and assist- 
ance as may be necessarj- to etfect the same. 

Sent up by Capt. Wentwovth and Mr. Knioht. 

The House adjournd till three of the clock in the afternoon by 
order of the Speak"". 

Post Meridiem. 

Met according to adjournment. The Secretary bro't into the- 
House the Report of the Committee relating to the Petition of a 
number of persons in Dover for a new Parish. 

The House adjourn'd till tomorrow morning nine o'clock by or- 
der of the Speaker. 

Thursday April 2o"' 1754. 

Met according to adjournmen'. [and again adjourned to 3 P. M.] 

The Committee for selling the Excise brought in their account 
of charge amounting to the sum of Eight Pounds seven shillings 
and six pence new Tenor which was voted to be allowed and paid 
[r. 449.] out of the money in the Treasury. Sent up by Mr. 
Knight. 

The Committee lor revising the Laws in 1747, Bro't in theii- 
ace' amounting to the sum of litty two Pounds one shilling and 
three pence old Ten"", in New Ten"" thii-teen I'oimds and three 
pence three farthings. Voted that the same be allow'd and paid 
out of the money in the Treasury. Sent up by Mr. Knight. 

Voted That Peter Gilman Esq. and 3Iatthew Livermoi'e be a 
Com'" of this House to joyn with snch as shall be appointed by 
the Hon^'" the Council to Repair the Provincial Goal in such Avay 
and manner as they shall judge necessary, also to make any addi- 
tion or additions to the said Goal as by them shall be thought 
proper, also to purchase any Parcell or spot of ground or land con- 
venient for a garden or any other accommodations for said Goal 
and to dig a well in for said Goal, and to dig and finish said well 
and that the said Com'"" hereby are appointed Trustees for said 
Province to take the Deed or Deeds for the land they shall pur- 



1754.] 



JOUKNAL OF THE HOUSE. 277 



chase pursuant to this vote in their names as Trustees for said 
Province, and that they draw out of the money that is or may be 
in the Treasury not exceeding what remains appropriated to that 
use, and tliat they proceed upon said Business as soon as may be 
and that they render an account of their Proceedings therein to 
the GeneralAssembly from time to time as there nuiy be ojjpor 
tunity. Sent up by Knight. 

The Secretary brouglit into tlie House a message from his Ex- 
cellency relative to a Letter from Gov'' Shirley, also a letter from 
Gov^ Shirley of y- 22'^ of April 1754. 

77if' Governor s Message. 
[Copied from MS. Govt's Messaires, Vol. II, p. l;!l.] 
Mr. Speaker & Crentknieti 
of the Assembly. 

For want of time to give you a copy of Governor Shirley's letter to me 
of the22'i inst, I have directod the Secretary to read to you the orifrinal 
& to leave it with the House, that the things rdlalive to this Government 
therein may be foitliwith taken under your conside'ation, expecting to 
have it retiiru'd to Due time to give answer thereto by the Post tonu)rrow. 

The Interview to be held :it Falmouth, you must think the Province in- 
terested in & therefore I make no doubt but you will make an ample and 
suitable provision for Connnissioner.s to attend at it, if my health will not 
permit mo to be present in person. 

You will Gentlemen observe that Lieut. Governor Delanccy has in- 
formed Governor Shirley that it is reported at Albany that the French 
have lately finished a fort at C'o-as. whether this Pa'port be true oi- false, 
is not material, 1)ut when such reports are Current, it is our duty in ol)e- 
dience to his Majesty's Commands, to inquire into the truth of the re- 
ports & I shall not doubt of your instantly making a grant to put it in my 
power to enquire into a matter of such Importance to his Majesty & the 
Province. Ey the other paragraphs of his Excellency's letter you will 
observe with what dispatch & pleasure the Assembly of the Mas.saehu- 
setts have gone through their pul)lick business. 

B. Wi'-ntwohtu. 
Council Chamber in 
Portsmouth, April 2.j''', 17.'34. 

' Governor Shirley s Letter. 

[Copied from MS. Gov'ts Messages, Vol. II, p. 13:3. j 

Boston, Api 22" 1754. 

Siu— 

Since my last Letters to your Excellency the General Court of this Pro- 
vince have provided for an Interview between me and the Eastern In- 
dians as also for my building a new Fort upon Keunebeck lliver as far up 
the lliver as I shall judge proper, and have also desired of me to use the 
proper means for removing any French fort that may be built within his 
Majesty's Territories near Kennebeck River and have provided for my 
raising Ave hundred meu for this servis and for Presents to the Indians 
in case I shall judge it convenient to deliver them. I tiud upon duo in- 
quiry that the Indians Hunting Time will not be over till near the end 
of May, so that I propose to be ready to go from hence to Falmouth in 
Casco'Bay (which I shall order to be the Place of meeting) about the 
Eighth of June, and if your Excellency or Commissioners from your 



278 PROVINCE OF NEW-HAMPSHIRE. [1754. 

Government will meet us there as it will be acceptable to me, so (I trust) 
it wiil conduce to tlie general good and it seems more necessary oii the 
account of tlie Indians killed in your Province that every thing that can 
may be done to give the Tribes satisfaction on that Head. As to the 
story of Indians being killed on Montinicus Island, upon the utmost 
search I have made by persons I sent down to said Island for that pur- 
pose, I apprehend it is a . . . notorious invented Falshood by a ly- 
ing ]5oy tliat was a servant upon the Island. I am at present undeter- 
mined whether to raise all the live hundred men provided for, and shall 
be governed in sum measure i)y the further Intelligence I may receive of 
Indian affairs and especially respecting the French Fort said to be built 
near tlie head of Kennebeck River: I shall give your Excellency further 
advice upon these matters upon any new Occurrence. The Assembly is 
upon the point of rising so that I have only time to add that I am, Sir. 
your Excellencys most humble 

and most obedient Ser'f. 

W. SlIIKLKY. 

P. S. By a letter I have rec' from Mr. Delancey Lieutenant Governor 
of New York, by this he Informs me that there is a report at Albany that 
the French have lately fmished a Fort at Co-as near the head of Connect- 
icut River. I should ha\e added that the Assembly hath voted a grant of 
£1500 Lawful money for pi'oviding Presents for the Indians for the Six 
Nations, and have authorized Comm'^ to agree upon measures in concert 
with the Gov- of New York & the other Governs which shail send Cora's 
to Albany, for retaining the six nations in our Interest, and bear their 
proportionable part of the expenses as I mentioned I should recomeuol 
them to do in my last to your ExcelU'. 

A true copv of a Letter sent to the House by his Excellencv, April 25'^' 
1754. 

Attest: — Matthew Liverraore, Clerk of Assembly. 
Indorsed— "Copy of a letter from Gov Shirley ) 
to Gov Wentworth, Ap. 22<i 1754." 5 

[The following is Gov"" Shirley's letter above referred to. copied from 
Prov. RocB. I. p. 270.— Ed.] 

Boston. March 18'^ 1754. 
Sir— 

I hav(^ now to acquaint your Excellency that I have receiv'd such In- 
formation of the French of Canadas' building a Fort near the Head of 
KennelK'ck River as leaves me no room to doubt of the fact : I :nn using 
all the means I am able to obtain a more perfect kno\vledge of the partic- 
ular Place & of the streniith of the Fort, and as I apprehend this to be 
iin open violation of the Treaties of Peace and Invasion of his Majesty's 
Rights, & like to have a fatal Influence on the Safety of his Maj'ys sub- 
jects in these Colcfriies, if measures ben't used for dislodging the French 
from these places, 1 propose to lay this IMatter before the General As- 
sembly of this Province at their meeting the next week & to recommend 
to them to make provision for the charges of raising and employing For- 
ces for the Driving oft' the French from that Post. And as this Service 
cannot be so well eflected Atithout the Assistance of the neighboring Col- 
onies more especially of New Hampshire & Connecticut, & as our com- 
mon Safety is deeply concerned, and his Majesty has signified his Pleas- 
ure that the several Governm's of Ihese Colonies unite their Force in 
preventing or Repelling the French encroachm'^'* on the English Territo- 
ries, & be I'eady to give assistance to each other, as their occasions shall 
require, I doubt not but that your Excellency & j^our whole Government 
will join with us in an aft'air wherein his Majesty's Honour and Interest 



1754.] JOURNAL OF THE PIOUSE. 27» 

& our own Security is so nuicli involved. I tlioui;ht it proper to givo 
you tliis early Intimation, so tliat the proper season for enterprising tin- 
Design may not be lost by delay. I shall give you further advices of 
these matters when I have the mind of your Assembly, & if they fall in 
with my Judgm' here in, I will not lose a ISIomeut for preparing to Exe- 
cute this Design : Eor the jjrcsent it will be best to keep the matter from 
public notice. Tlie Indians have (jiven such menaces against the Enylish 
that I am much afraid they icill make some attempts upon our Frontiirs this 
Spriwj. 1 am, Sir, with respect and Esteem 

Your Excellency's most obedient Humble Servant. 

W. SiriRLEV. 

His Excellency Bcnning Wentworth, Es<i. 

Extract from a Letter from Gov. Shirley relating to union of 
the Colonies, etc. 

[C;opied from Prov. Kec. B. I, p. 2(!i».] 

Boston, :\Iar(h .")'" 1754. 
"Sir 

I am to Acknowledge the receipt of your Excys favours of the I)''» 14'-'' 
and 21*'^ of February which 1 have waited for the opportunity of answer- 
ing by Mr. Fierce. 

'•I receiv'd from Gov'' Dinwiddie by last Post an ace* of the Frenclis' hav- 
ing built two forts, one upon the Lake Erie, and the otlier at ah' 15 miles 
distance upon the river Ohio, very lately, and preparing to buikl several 
others in the ensuing Spring, the principal of W^^'' is to 1)e built at Logs 
Town; I shouUl have mention'd that oue of the forts already built is 
mounted w'" S six Pounders, and both garrison'd with 15() men each, the 
rest of their army being gone into Winter (Quarters. 

" They have already prevailed upon three Indian Nations to take up the 
Hatchet'agt the English, viz. The t:hipperways, Ottoways and Onondacks 
and threaten hostilities ag'^'" the other neighbouring Indians, if they inter- 
fere in our favour. 

^'■These Jncroachni^^ of the French and their others upon the Lakes and Hiv- 
ers, particularhj that at Crou-n Point, as cdso their for/s upon the Isthinus oftht 
Peninsula of Nova Scotia, St Johns and Ken)ieheck river.-<, aj),rda> nnj alarm- 
inr/ prospect ; and should they prevail by m"naces or artifices upon the In- 
dians of the Six Nations to desert our alliance and coyie over to their In- 
terest, it might have very fatal eftects. IIoic neces.^ary then is that union. 
of the Fnrilish Colonies jr*^^'' the Karl o/ Ilnldernesse recommends to all his 
Maj^y^ Gorernours for their mutual protection and defence ag-"'' tiie Enemy. 

"Wherefore as there is to be an Interview at Albany Avith thosi^ Indians 
in June next to w^''> I suppose Comnussioners will be sent from the Gov'^' 
of Virsinia, Maryland, Pennsilvania, the New Jerseys, your Excy^and my 
own ami 1 hope also from Connecticut, I would propose it for your Excy" 
consideration whether this meeting of the Comm's fi-om so many Gov's to 
treat with these Indians in concert with the Gov' of New York may not 
yield a mo»t favourable opportunitij for be(jinnin(j such an union (in this most 
essential ai'ticle) by jointly agreeing upon such measures, as may most ef- 
flectually preserve and strengthen our alliance and Iriendshij) with these 
Nations : For w"^'' purpose the several Comm' >* should have sufticient powers 
given them by their respective Gov'** as also to settle the Quota of each 
Gov' either in'men or money for carrying what shall be agreed upon into 
Execution, whether that shall be by erecting and maintaining one or more 
forts within such parts of the Mohawk Country, as the Indians themselves 
shall chuse for their protection of it, the Squaws and paposas ags' the Incur- 
sions of the French and their Indians in their alliance, at such times as 



280 PROVINCE OF NEW-HAMPSHIRE. Ll"54. 

they shall be engaged iu hunting or warr, or otherwise as shall be most 
acceptable to the Indians and conducive to his Majestj^'s sei'vicc. 

"This is what I shall recommend in a pressing manner to the Assembly 
within this Gov*" at their meeting ontheii7"' Instant; and I can't but think 
it would have a most happy effect, if his MajOs several Gov'S would pre- 
vail upon their respective Assemblies, w"^^'' I shall take the liberty of men- 
tioning to them for their consideration, to join in so salutary and neces- 
sary a measure for the common cause." 

Be pleas'd to favour me with your Exc>'* sentiments upon it. 
I am with respect, Sir, j'our Exros 

most obedient Humble servant 

W. SlIIKI.KY. 

His Excellency Governor Wentworth. 

Upon reading- tlie Potitlou of a number of })ersous in Dover 
for a new Parish iu Dover and the Ivei)ort made by tlie Committee 
relative thereunto, 

[y. 450.] Voted that the Petition lay for further consideration 
that the contending partys may have opportunity to agree among 
themselves. 



Fryday, April 26"^ 1754. 
Met according to adjournment. The house adjourn'd till three 
o'clock in tlio afternoon. 

Post Meridiem. 
Met aci'ording to adjourmnent. The Secretary bro't into the 
House the Report of the Committee a])pointed to look out a 
House for the (Tovernor of this Province to live in. 

[Report, copied from MS. Corr. Vol. II, p. !)!).] 
April LT, lirA. 
In pursu nice of llio within vote we have Treated with the owners of 
the Brick House in Portsm" where his Excellency the Governor lately 
lived (that l>eing tht^ only House in town now to be sold that we appre- 
liend suitable for a Gove'rmnent House) who are disposed to sell the s^ 
House with the Land and Yards adjoining on the South End of the Street, 
and the corner Lot oi'.posite on the South side to contain about .seventy 
feet square, which tlie owners aforesaid will sell to the Province for nine 
Thousand I'ounds Old Teni'. 

We tho't it unnecessary to Pursue the vote further in searching a con- 
venient place to P.uild a suitable House till the (General Assembly had de- 
termined whether they would Purchase the above said House or not. 
All Avhich is submitted by 

Theodore Atkinson 
R. Wibird 
D. "Warner 
Meshech Weare 
Hen. Sherburne junr 
Matthew Liverraore. 
In Council, April 2fi, ITHt, 
Read & ordered to be sent 
down. Theo'i Atkinson, Secx. 

The House adjoun'd till tomorrow morning nine o'clock. 



11754.] JOURNAL OF THE HOUSE. 281 

Saturday April 27"^ l7o4. 

Met according to adjournment. 

Whereas it i:s Reported Tliat the French have lately linished a 
JFort at Co-as supposed to be within this Provin<;e, 

Voted That his Excellency the Gavernour be Desired to use such 
methods to find out the truth of said Ite])ort as he may think proper 
.and that the charge thereof be Defrayd out of the money that is 
or may be in the public Treasury. 

Sent up by Mr. S:^nders. [Concurred.] 

The ace' of Capt. Jenness for wood amounting to the sum of 
{twelve Pounds ten shillings new Ten"". Voted That it be allowed 
and paid out of the money that is or may be in the Treasury. 
.Sent up by Doct. March. 

Ordered That Capt Israel Gilman and Mr. Joseph Thomas be 
sent for to attend the House on Monday next in the forenoon. 

[i\ 451.] Sent out accordingly. 

The Secretary came into the House and said he was directed by 
his Excellency to adjourn the Gen' Assembly till Monday next tea 
.of the clock forenoon and accordingly .'uljouru'd the same. 



]\Ionday April 29"', 17.V1. 

A few of the members met [but not enough to form a house, ami 
■adjourned, once and again, till] 

Tuesday, 3 o'clock, P. M. 

Met according to adjournment. 

[p. 4.52.] Wliereas his Excellency tlie Governor hath signifyed 
to this House by his message of y" 25"^ Instant that the Govern- 
jnent of the Massachusetts Bay intend ;in Interview with the East- 
ern Indians at Falmouth in Casco IJay, some time in June next, 
and intim;ites a Desire that suitable Provision might be made for 
Commissioners I'rom this Province to attend at said IntL'rview, if 
Jiis Excellency's health will not permit him to attend in person. 

Voted That if his Excellency thinks it \vill be for the advantage 
of this Province ))ersonally to attend at said Interview and his 
his health will admit of it, the Expence tliereof be defrayed by the 
Province, and that Colonel Peter (Oilman and Clement March Esqs. 
be a Committee of this Housa to joyn with such as may be ap 
pointed by the Hon''''' Council to atteiul upon his Excellency : but 
in case his Excellency's health will not permit him ]jersonally to 
attend, that they, with such as may be appointed by the Honour- 
able the Council, be Commissioners to Represent this Province at 
8*^ Interview, and if needful for the benefit of the Province to make 
any present to the said Indians, that they be and hereby are Im- 
powred to do it at the Expense of tlie Province. 



^i^- I'KOVINCP: of NP:W-HAMPSinRE. [1754. 

Sent, np May T' Ijv Capt. Bell. 

The House adjoui'ird till tomorrow moniinu,- nine o'clock by or 
der of tlie fS))eaker. 



Wednesday May l'^' 1754. 

3Iet accordiin^- to adjonrninent. 

[r. 453.] Voted That there l)e })aid unto Ids ExcelP' tlie Gov- 
ernor out of the money that is or may l)e in the Treasury for his 
more Hon'*'*' and ample support this present year 1754, five hun- 
dred & lifty |>ounds new Ten"". Sent up by C'apt. Gilman. 

The House adjourn'd till tlu-ee of the clock, in the afternoon by 
order of the S|)eaker. 

The Hon''''' Rich'^ Wibird P^sq. came into y"= House and brought 
a Letter which he said the Gov'" just Rec'^ from Coll. Blanchard & 
directed him to deliver it to the Speaker. (1) 

The Repoi't of the Committee of both Houses appointed y'' 17"' 
Inst, to make eiKpiiry after a suitable house to be purcliased for a 
Provincial House for the Governor to live in, being read, 

Voted, That if the Brick House and land mentioned in said Re 
port may be purchased for the sum of one thousand seven liund 
red and fifty pounds new Ten'', and a good title can be made to it 
and a })roper way can be found out for raising money to ])ay for 
y^ same, that the said Brick House and Land be ])urchased for a 
I'rovincial House, and y' y'' C'om'" ai)pointed by s'' A'ota shall be 
& hcre'oy are authorized it Lnpowrd to tieat with y" owners of 
s*^ house ct Land and if they will take the s'^ smu of one thousand 
seven hundred & fifty pounds new Ten'' for the same, to examine 
into the Title thereof: But if the s'' owners will not take the s'' 
sum for the same that then the s'' Committee enquire after a suita- 
ble place to build a Provincial House upon and make Report as 
soon as may be. 

Sent n\) by Mr. Macmuiphy and ]Mr. Sanders. 

The Secretary came into tlie House and said y' the Council were 
of the opinion that the vote relating to tlie Intended Interview 
with the five Nations might be mended in tliree j^articulars, viz. 
[r. 454.] If the House intended that any thing should be done by 
the (Commissioners more than W'hat related to the five Nations, it 
was not ex])ressive eno' ; also, that they tho't there Avas not a suf- 
ficient number of Commissioners appointed l)y s'^ vote ; also, that 
they tho't it might be better if the Commissioners ajipointed for 
s^^ Interview should have a Sterling Bill instead of drawing money 
out of the Treasury, (a) 

(a) Jour. C. & Ass. May 1, 17.54. His Excellency sent a letter lie rec** 
from Coll« Blanchard, to the house (by Capt. Wibird) relating to the 

(1) This letter cannot now be founrl.— En. 



1754.] JOURNAL OF THE HOUSE. 28.'^ 

sending a mitnber of men up tlie Connecticut river in order to fln«A- 
weitlier tlie French were building a Fort in that part of the rroviuce as 
has been reported. 

Mr. Atkinson and Mr. Warner, witli a message from tlie Council to the 
house in relation to the vote about Comissioners to treat with the six 
Nations of Indians, viz. That the s^' vote would stand better if the 
Comissioners Tower were enlarged and not contined to the Interview- 
with the Indians only. 

2'^"y The Number of Comissioners ought in tlicir opinion to l)e aug- 
mented, and 

3Jiy That the Comissioners should be furnished with Bills of Ex.- 
change instead of Paper money. 

Mr. Sherburne & Mr. Livermore from the house with a message to the 
Council to Desire that the House might withdraw the vote for appointing 
Comissioners to attend at the Interview with the six Nations of Indians 
and to act in conjunction with Comissioners from tue other Govern- 
ments &c. 

The Council took under consideration the foregoing message and direct- 
ed the Secretary to carry the said vote to the House and deliver the sanu" 
to the Speaker and to acquaint him and the house that they Durst not re- 
linquish their right to the said vote till the hou>e had passed another in 
lieu thereof to their acceptance. 

The PIousc atljourii'd till toinonovN' nionrnig nine of the clock 
by order of the Speaker. 



Thursday May 2" 17o4. 

Met according to adjonrnm'. 

The Secretary bro't into the House tlie vote of tliis Iloii^e of y' 
bO"* of January last relating to y'' interview with y'' Si.v Xalions 
and said the C^ouncil did not cai'e to Keliin|uish their liight to it- 
unless one should pass that will better answer y'' purposes therein 
proposed. 

A verbal message sent to his Excellency by ]\[r. Thomas And- 
Liveniiore to acquaint his Excellency that if he tlio't fi-om Coll.- 
Blanchard's Letter to his Excellency that there might no danger 
arise by deferring the sending out Any men to examine into the 
Report of the French having built a Fort at Coos for some tiiue, 
they are content, but submit the whole affair to his Excellency f« 
conduct. The Secretary brought into the House a Letter from 
[p. 455.] Lieut Governor DeLancey to Gov. Wentworth ; also tht*' 
Copy of a liesolve of the Assembly of New York. 

Letter from lA. Gov' DeLancey of J^eio Yorl: 

[Copied from MS. Corr. Vol. II. p. 101.] 

New York, 22^ Ajn-il 1754. 
Sir. 

In my speech at the opening of this session I declared my apprehen- 
sion that unless the Colonys unite in measures for building forts in the In- 
dian country for their security And the safety of the women and children 
when the men are abroad and for sending smiths.'' and other proper per- 
sons to reside among them. We shall loose the little intiuence we still have 
over them, and it was reasonable the expense should be borne by the Col- 



284 PROVINCE OF NEW-IIAMrSHIKE. [1754. 

lonys in general : Yet it might be expected a scheme for that purpose should 
take its rise here. I also recommended to tlie Assembly that they would 
Enable me to build a fort or I'orts on the Northern parts of this Province 
until 1 had used my Endeavors to bring the Neighbor Governments to 
joyn in the expense of erecting as many forts as might be necessary to 
guard them and us from the Incursions of the Enemy in that quarter: 
Upon wliich they came to the Enclosed Resohition, and as I doubt not of 
your Excellency's agreeing in opinion that the building forts in the Indian 
Country is an Essential step toward securing them and their allies in his 
Majesty's Interest, in which all the CoUouies are much concerned, and 
that the erecting other forts on the Northern Quarters toward the French 
is a necessary measure for our conniion security, you will I am Perswa- 
ded use your Endeavors to bring your Assembly to joyn in this Expence. 
We cannot have a more favorable opportunity to concert a scheme for 
this Purpose than at the Aluany Treaty where I hope to see Commissiou- 
ei-s from your Government instructed on these heads. 

I am. Sir, your Excellencys 
most obedient & most humble serv'. 
James DeLancky. 
(Copy) 
Pr. Theo' Atkinson, Secy. 

llesolution above referred to. 
[Copied from Prov. Kec. B. I. p. 272.] 

Assembly Chamber the 17"' April, 1754. 
liesolvrd, that in as much as the securing the five Indian Nations and 
those in alliance with them in the British interest, is of the utmost con- 
sequence to all his Majesty's Colonys on the Continent; awd as they have 
Requested to have Forts Built among them to secure their wiv< s and 
children when they go out to war in behalf of the British nation ; and as 
the Building such forts and some others on the Northern parts of this 
Colony will cover, and in a great Measure secure the settlements of sev- 
eral other of his Majesty's Colonys against the Incursions of the French 
and their Indians : Ills Honour the Lieutenant Governor be hereby ad- 
dressed to use his Endeavors Avith the neighboring Governments to joyn 
with this Colony in the expence of erecting and maintaining such Forts, 
and to assure him that this House will readily come into any well concert- 
ed scheme for that purpose Ordered that Mr. Thomas and Mr. Miller 
wait on his Honour with the said Address. 

By order of the General Assembly 

Abr"' Lott, Jun'. cl. 
New York 20"' Aiml 1754. A true copy, Exam'' pr 

Geo. IBanyar, D. Sec>. 

Tlie House adjournd till three of the clock in the afternoon by 
order of the Speaker. 

Post Meridiem. 

Met according to adjournnieiit. 

Voted That Mr. Speaker Weare and Mr. Henry Sheibtirtie jun, 
l)e and lieveby are ajjpointed Comniiss'^'* on the jiart ot this House 
to be joynd with two such Persons as shall be appointed by the 
Hon'*''' Council to Ke))resent this Province at the intended Inter- 
view with the Six Nations of Indians to act in coniunction with 
the Commissioners of his Majestys other Governm'' at y*' s'^ Inter 
view in Renewing the covenant chain and securing them in the 



1754.] JOURNAL OF THE HOUSE. 285 

British Interest and in consultins^ on any Plar. or Projection that 
may be proposed for the safety and Benefit of this Province tt of 
the British Coh)nys in general. 

And tiiat the said Commiss''* be allowed the sum of three pounds 
new Ten"" each for each day they shall be upon the afors*^ business 
and service for themselves, servants, horses and all other Expenses 
(except what extraordinary charges and Expenses they may be at 
w^hen at s'^ Interview, which shall be at the charge of the govern- 
ment.) 

And that the said Commiss"'' be and hereby are authorized and 
Impowered to make such Present or Presents to the Indians afors'' 
at the 8'^ Interview as they shall judge necessary it Expedient not 
exceeding the sum of two hundred and fifty pounds new Ten"", and 
that the said Commiss'''' be and hereby are lm])()werd and author- 
ized to take of the Com"''^ api)ointed to draw Bills on John Tl)oin- 
linson Esq. agent for this Province at the Court of Great Britain, 
a Bill or Bills for the sum of Two hundred pounds Sterling money 
of Great Britain for y'^ s'' Business and service, and the said Com- 
[p. 456.] mittee be and hereby are authorized and Iinpowerd to 
draw such Bill or Bills, and that the s** Commiss" render an ace' 
oftheir disbursements and also lay before the General Assembly 
the Avhole oftheir Proceedings relating to the Business afors*^. 

Sent up by Mr. Page & Stevens. [Concurred."] 

Whereas tliis Government liave an Immediate occasion for a 
sum of Ster''' money to carry his Maj'^* orders with Relation to 
Treaties with the Six Nations & Eastern Indians into Execution, 
also to make eiupiiry into the truth of the French having built a 
Fort at or near Co-as on Connecticut river (as is reported) and 
whereas there is a sum of money arising from the Interest of the 
money belonging to this Government in the stocks in Great Bri- 
tain now lying in the hands of John Thomlinson, Esq. agent for 
this Province, 

Therefore Voted, That Tlieodore Atkinson, liichard Wibird & 
Meshech Weare Esqs. and Mr. Henry Sherburne or the Major part 
of them, be and heieby are authorized tt imjtowered to draw on 
the s*^ John Thomlinson for y'' sum of five hundred Pounds Ster- 
ling to be Itn])roved for the uses afores'' as the General Assembly 
shall order & that a Tax be Immediately laid ujion the Polls & 
Estates within this Province for bringing in and sinking the sum 
of one thousand five hundred pounds new Ten"" bills of Credit on 
this Province, part of the Bills of Credit emitted by this Province 
for the carrying on the Intended Expedition against Canada. (a) 

Sent up by Messrs Page & Stevens. 

An Act for granting unto his Most Excellent Maj'' the sum of 
£6000 having been read three times. 

Voted That it pass to be Enacted. Sent up by Mess" Page & 
Stevens. 

An Act for the Division of the Estate of Jotham Odiorn, Esq. 
deceas** ha\inir been read three times 



''28G PPvOVIXCE OF KEW-HAMPSHIRK. [1754. 

Voted, That it pass to be enacted. Sent up by Mess" Page & 
-Stevens. 

[p. 457.] The Secretary came in the House and bro't the vote 
for Conunissioners for the Interview with the Six Nations and the 
vote for drawing on John Thomlinson Esq. for the sum of five 
tl-iundred pounds sterling and said the Governor & Council tho't it 
best tliat the liills sliould be drawn by the Treasurer and the 
money ]>ut'into the Treasury that the ace** might appear more reg- 
,ular. 

(a) Jour. C. & Ass. May 2^, 1754. Messrs Atkinson and Warner Avith 
u message from the Governour & Council with the vote Impoweriug the 
Comittee to draw on Mr. Agent Tliomlinson for £500 sterlins: &c. as sent 
np this day to acquaint the House that they think it Quite improper for a 
('omittee to Draw said Bills aud recommended that the Treasurer should 
draw the same and left the said vote with the house. 

Also to Put the irouse in mind that there was no Provisian for the ex- 
pence of an Interview with the Eastern Indians. 

The House adjournd till tomorrow morning nine o'clock by or 
.<ler of y*" Speaker. 

Fryday May 3'^ 1754. 

Met according to adjournm' : [and adjourned till 3 o'clock, P. 
M. then] 

Voted. That the Commissioners appointed to Represent this 
Province at the Intended Interview with the Eastern Indians at 
J^'almonth in Cac^co Bay, if his Excellency the Gov"" shall not at- 
te!id in Person be allowed each the sum of three Pounds new Ten'' 
pr day for each day they shall be upon y" s'^ Business, for them- 
sX'lves servants Horses & all other Expences, except what extraor- 
ordinary chaiges they may be at when at y*^ s*' Interview, which 
rtliall be at tlio charge of the Government & that they Peceive of 
the Com''^'^ appointed to draw Bills on John Thomlinson, Esq. a 
Bill or Bills for the sum of fifty Pounds sterling before they set out 
on s'' Business for the use afores*^ & the s*^ Com"" shall be and 
hereby are authorized & Impowered to draw such Bill or Bills, and 
that the s'^ Commiss'" render an ace' of their Disbursements & also 
l:iy before the Gen' Assembly the whole of their proceedings Ke- 
Inting to the Business afores*^ &■ that the Com''" appointed to draw 
x'^ Bills sell the Remainder of the sum of five hundred ])ounds Ster^ 
Voted to be drawn for except the two hundred ])Ounds voted for 
tlie Intended Interview with the Six Nations, for the most they 
will letch & put the money aiising thereby into the Treasury to & 
for the uses proposed by the vote for drawing said Bills ; but if his 
[v. 458.] Excellency shall attend in person at s'* Interview, that 
then the Com""' appointed to draw the s'^ Bills be and hereby are 
Impowerd. to deliver to his Excellency's order as much of s*^ Bills 
;is lie shall think proper for y'' s*^ Business and dispose of y" le- 



1754.] JOURNAL OF THE HOUSE. 287 

mainder (except as above exce})ted) for the most they will fetch & 
put the same into the Treasury for the purposes afores*^ ; — lurther 

Voted, That if his Excellency attend s"^ Interview in Person that 
the Coni''"" appointed to wait upon him be allowd forty shillings 
new Ten'' pr day each, every day they shall be ii])on s'^ Business, 
their Expences being l)orn. 

Sent u]) by Mr Macmin-phy & Mr. Sanders. 

Tlie lIousG considering of the message by the Secretary yester- 
<iay relating to the vote for the Interview with the Six Nations, 
and the vote for drawing on Julm Thomlinson Es(|. for the 
sum of tive hundred ])Ounds Sterling. Voted That tiiey adhere to s** 
votes Sent back by IMr Macmurphy & Mi-. Sanders. 

Daniel Warner Esq. came with a verbal message from his Ex- 
cellency signifying that there was no Bounty offered for ])ersons 
that niiglit be sent out to examine into the Report of the Fi-ench 
their building a Fort at Coos on Comiecticut River and that if a 
Bounty should be oft'ered it would be more likely to get suitable 
persons to go ujjon s*^ Business. 

Voted, That the following answer be sent to his Excell'" message 
of this afternoon by Daniel Warner Es(j. with Coll. IJUuicliard's 
letter. 

May it please your Excellency — 

Upon niiiture consideration of the subject matter of Col. Elanchard's 
Letter, The House is Humbly of the opinion that the sendiiiiJ: men to 
Coos uuvy oe deferred till the time of the Jiulians Hunting is over, when 
ten may be suflicieut, but as by the House vole the matter is left iiitirely 
with your ExccUenc.v, the House consent when your Exc>' thinks it will 
[p. 45[>.] be best to send out that such Bounty and other encounvnement 
for lalistiug ten Volunteers be oflercd as may best answer the end 
proposed. 

Sent uj) by i\Ir. March, (a) 

(a) Jour. C. & Ass. May 4, 17ui. His Excellency Laid before the 
House message to him of yesterday relating to the raising Volunteers to 
serch the counti-y about Co-os on Connecticut river for a French fort 
supposed to be building there and asked the Council weither they con- 
curred in sentiments with the house to whicli the Council did agree & 
<;onsent. 

The aec' of David Ilorney amounting to the sum of twelve 
Pounds eighteen shillings and throe pence new Tenor be allowed 
and ])aid out of the money that is or shall be in the treasury. 
.Sent up by Mr. Sanders. [Concurred.] 

Allowed of the acc^ of Mi\ Edmund Brown the sum of three 
Pounds ten shillings new Ten"' to be paid out of the money that is 
or shall be in the TreasTiry. Sent up y'" 4"' by Mr. Sanders. 

The House adjournd till tonuu-row morning nine o'clock by or 
tier of the Speaker. 



288 I'KOVINCE OF NEW-HAMPSHIRE. [1754;. 

Sntiiraay May 4"' 1754. 

Met accordinc; to adjounim'. 

The ace* of ])anicl Pierce Esq. amounting to the sum of four- 
teen Pounds ten sliillinos new Ten"" allow'd to be paid out of the 
money that is or may be in the Treasury. Sent up by Mr. Sanders. 

Mr. Ilunking Wentworth ace' that was allowed y'' 8"^ of Jan^ 
last sent up this day by Mr. Sanders. [Concurred.] 

Upon reading and considering the Petition of James Studley 
jun & Nath' Doe Voted that there be allowed and ])aid out of the 
money that is or may be in the Treasury unto the Petitioners the 
sum of Thirty Pounds new Ten"' in tull for all and any demands 
[f. 460.] they may have on this Province on ace' of the vessel, 
mentioned in s'^ Petition or anything relative thereto. Sent up by 
Mr. Knight. [Concurred.] 

Upon reading the Petition of Joshua Prescutt Voted that it be 
dismis'd. 

The Secretary came into the House and said lie was directed by 
his Excelleiu^y to adjourn the Gen' Assembly till ]V[onday next- 
ten of the clock in the forenoon, and accordingly adjourned the- 
same. 



Monday May G"^ 1 754. (a) 

Met [and adjourned till 3, P. M.] 

The Secretary bro't into the House the Report of the Commit 
tee appointed the first Instant, relating to the purchasing a Provin- 
cial House for the Governor to liv9*in — as on file. 

(a) Jour. C. & Ass. May G, 17.54. Upon reading the votes of the 
House of the 30"^ of April Last and 2'^ Instant relateing to an Intenicw 
with the Eastern Indians at Casc6 bay his Excellency Tut the following 
Question to his Maj^y^ Council viz. Weither it is not an Infringement on 
the Prerogative for the Assembly to appoint Comissioners for the above 
Interview. 

To which the Council answered They did not think the Assembly had 
any Inherent right to the appointment of such Comissioners, but that 
they found it had been lontj the custom at such Interviews for the Lower 
House to nominate by vote some Pei'sou.s to joyn Avith such as should be 
appointed by the Council and who have always concurrd sucli votes and 
joyned a Comittee "With respect to the votes above jucntioned th<' 
Council think that in obedience to the Direction in the letter from 
the Right HonW« the Lords Comissioners for Trade and Plantations to 
your Excellency, they were obleidged to concurr the said votes of the 
House referrd to that his Majesties Gracious Intentions therein signifyed- 
mlghtnot be frustrated. 

The House adjournd till tomorrow morning nine o'clock. 



1754.] JOUKXAL OF THE HOUSE. 289 

Tuesday May 7"* 1754, 

Voted, That if the Brick House & Land mentioned in the Re- 
port of the Coni'*^ of y" 26"^ of Ap' 1754 for looking out a 
House for the Gov"" to live in may be purcliased for the sum of 
Two thousand Pounds new Ten'' & a good title can be made to it 
£p. 461.] and a proper May found out for raising money to pay for 
it, that the same be purchased for a Provincial House & that the 
Com"* a])])ointed by the vote of y" 17"* of Aprill afores*^ be and 
hereby are authorized and Impowerd to treat with the owners 
thereof to enquire if they will take the sum of two thousand 
Pounds new Ten'' for the same, it having been suggested to the 
House that they would, tfc if they Avill, to enquire into the Title 
thereof and make Report to the Gen' Assembly as soon as may be. 
Sent up by Mr. Page. 

The Secretary bro't into the House the act for the appointment 
of Petit Jurors and also the act for the appointment of Grand Ju- 
rors, and said tlie Council did not like them as they now were, 
but if the House would pass them with a suspending clause the 
Council would concurr them. 

The House adjourn'd till three of the clock in the afternoon by 
order of the Speaker. 

Post Meridiem. 

Met according to adjournment. The House taking under con- 
sideration the message irom the Council in the forenoon relating 
to the act for appointing of ])etit Jurors and also of grand Jurors, 
are of ojnnion that they be sent back to the Council desiring that 
the}' may be ])ast as they now are, — and accordingly sent a verbal 
message relative thereto by Messrs. Bell ct Knight with the s'* 
acts. 

Whereas this House is of ojnnion that it is of the utmost conse- 
quence and Importance that the vote of this House of the nine- 
teenth day April 1754 relative to the annuitys already purchased 
[p. 462.] or that may be jmrchased by John Thomlinson, Esq. a- 
gent for this Province'at the Court of Great Britain by the moneys 
belonging to this Government, should as soon as possible be fin- 
ished here and an authenticated copy thereof sent over imto the 
s'^ agent, which vote the House is inform'd is concurrd by the 
Council — Therefore Voted, that the following Message be sent un- 
to his Excellency, Namely, That his Excellency be most earnestly 
desired to assent unto the said vote. Sent up by Mr. Knight & 
Mr. Stevens. 

The Secretary Bro't into the House a message from his Excel 
lency, as on file, in auAvser to the message of this House this after- 
noon relating to the vote of this House of the 17tli of April 



290 PROVINCE OF NEW-HAMPSHIRE. [1754, 

last conceniing y" aiinuitys purchased or y' may be purcliased by 
the moneys in liis liaiids belonging to this Provhice. 

Message of the Governor. 

[Copied from MS. Gov^-- Messages, Vol. II, p. 135.] 
Mr. Speaker & 
Gentlem-en of the xissemhlij 

The Vote of the House referred to in your Message tliis afternoon of the 
19th of April past, respecting appointing Trustees for the Louisbourg & 
Canada money, you must excuse me from consenting to at present (al- 
though it has been concurred by his Majesties Council) until I have his 
Majestys approbation of what I have already consented to, in regard to 
placing that money where it is, & from the revenue of which the Pro- 
vince is reaping an advantage. 

B. Wentworth, 
Council Chamber in 
Portsni" May 7"' 175t. 

Whereas it is judged expedient that the following acts should 
be printed, viz. The act for llegulating and Repairing of fences 
between Improved lands, pass'd the 28'" of Sept. 1743, The act 
against Lotterys, That for Regulating y" Militia, That against 
Oaming and that ag"' Riots, Therefoi'e Voted that the Same he 
printed at the cost of the Province and that Eleazer Russell Esq. 
be and hereby is desir'd to get the same jninted, and furnish the 
Geu^ Assembly Avith one hundred of each, to ])e disposed of as 
they shall think proper, and that he be allowd for the same the 
[y. 463.] sum of Twenty Pounds new Ten"", to be paid him out of 
the money that is or shall be in y*^ Treasury — The Secretary fur- 
nishing him with copys tiiereof at the cost of the Province. 
Sent up by Messrs Page & Sanders [Concurred.] 
The House adjournd till tomorrow jnorning nine of the clock by 
order of the Speak''. 



Wednesday May 8"^ 1754. 

Met according to adjournment. 

Voted That the Committee already a])pointed b}' the General 
Assembly to corres})ond "with John ThomUnson Es(|. for this Prov- 
ince at tlie Court of Great Britain be and hereby are desired, au- 
thorized and impowered to write unto the said John Thomlinson 
Esq. to desire that he will use his ntmost endeavours to get two 
acts, viz. An act relating to the ajjpointment of Petit Jurors 
and an act for the api)ointment of Grand Jurors lately passed by 
the Gen^ Assembly of this Piovince, wdth a suspending clause, al- 
lowed and approved of By his most excellent Majesty. Sent up 
by Mr. Knight. [Concurred.] 

The Secretary brought into the House a letter from Coll. J, 
Blanchard Esq. (1) relating to the suppos'd fort building by the 

(1) Coll. Blincli.ivrt's letter canuot now be foiiiid.— Kd. 



1754.] JOURXAL OF THE HOUSE. 291 

French at Coos and said tliat if y*" tlie Ilonse liad any thing to say 
relative thereto more than they had said, tlie Gov'' desired they 
wonkl do it. Sent up by Mr. Kniglit. 

Mem°. Tlie Bill of Lading nnd Invoice of Goods sent to Kew 
York for the six Nations hy this Governm' in y'' year 1747, deliv- 
[i». 464.] ered to Mr. Henry Sherburne jun, by order of the House. 

The Secretary came into the House and said he Avas directed by 
his Excellency to adjourn the Gen^ Assembly till Tuesday the 16'"^ 
day of July next, ten of tlie clock in the forenoon and according- 
ly adjourn'd the same. 



Letter from Gov" Shirley to Gov'' We)it»:ort/i. 

[Copied from Prov. Rec, Book I, p. 273.] 

Boston Jiuie 3'i 1754. 
Sir— 

I ain to acknowledge to receipt of your Excell'' letter in which you ac- 
(juaint me of the Hostilities lately committed by some Indians within your 
Governni'^; and have now to comnuuiicate to your Excell> the following 
paragraph of a letter w"^'' I received this morning from the Captain of Rich- 
mond fort upon Kennebeck River, viz. "Pesseciueent one of the most lead- 
"iug Indians of the Norrigewallc tribe attended with three others, two of 
"w"'' w'cre of thereuobscott tribe, and the other of Norridgewalk, cam to 
"this foit, and gave the following aec' and said that tliey saw four Canada 
"Indians which were chief men of the Worenock Tribe, andy' those four 
"chiefs deliver'd me (the Captain of the Eort) the following message, viz. y^^ 
"Canghnwage, Assegunticook and Worenock three sunilry tribes of In- 
"dians desir'd the Euglisli to take care of themselves, for that they had 
'■'■not fhrgott hov the Eiif/Uah had serv'd tiro of their countr>/vic)i about a year 
"(igo near Connrrtirnt 9'/iv'r,and said they are nowgoing to j)ay themselves 
"for the loss of the above two Indians, near a place call'd by the natives 
" Capuhchewack, I'-heir the Indians sa>/ there is a fort built, and some settlem^ 
'■^lateJtibcriun btj the Enqlish on Connecticut Biver." This letter is dated 
May 24. 

I propose to set out for Falmouth, where I shall be glad of meeting 
your Exc>' ab* the l;5"> Instant. Colonel Mascarene will gd with me as 
from the Gov*^ of Nova Scotia. 

I must intreat your Excelx if Mr. Dummer's Treaty with the Indians in 
1724 is not yet return'd by Col. Atkinson, y^ you would be pleas'd without 
fail to let me have it by the return of the Post. 

I am with great esteem, Sir 
your Excy'^ most humble and 
most obedient serv- 
His Excy. Gov. Wentworth. W. Shiri.kY. 



Tuesday Jidy 16"^ 1754. 

A number of the House met, but not sufficient to make a house. 
[and adiourned by order of the Governor, till Tuesday the 23'^ 
inst. 3 o'clock P. M.] 

The Secretary, [then] lu'o't into the House a written mess.age 



20'2 TROVINCE OF NEW-HAMPSHIRE. [^754. 

from his Excellency and the Papers relating to y* Interview with 
the Indians at Albany & Casco Bay, and said that after the House 
[p. 465.] had perused the Interviews the Gov"" would have them 
lodg'd in the Secretary's office. The House adjournd till tomor- 
row morning nine of y** clock, by order of the Speaker. 



Governor s Message. 

[Copied from MS. Gov'« Messages^ Vol. II, p. 139.] 

(Tentlemen of the Council 
& C/f the Assemhli). 

I have directed the Secretary to lay before both Houses, the transac- 
tions of the General Congress held at Albany, also the Submission of the 
Korridgwalk & Penobscot Indians, at an Interview held at Falmouth by 
Governor Shirley, that you may acquaint yourselves with what passed at 
both interviews ; when you have fully perused them, I must desire that 
tlie whole may be lodg'd in the Secretary's office, 

B. AYextwoiitii. 
Council Chamber in 
Portsmouth, July 2'^'^ 1751. 



Coj??/ of the Treaty of Peace tnitJi the Penohscot Indians, 

July G, 1754. 

[Copied from MS. Corr. Vol. II. p. 115.] 

We the subscribers being the chief men of the Penobscot Tribe, having 
hoard the Submission and Agreement of the Eastern Indians, viz. the 
Peuobscots, St. John's, Cape Sables, and other Tribes Inhabiting within 
his Majesty's Territories of Xew England and Nova Scotia, who were en- 
gaged "in the War in the years 1723 and 1724, which was made and conclu- 
ded at Boston, the lifteenth day of December 1725, between the Hon<''^ie 
William Dummcr Esq. then Lieutenant Governour and commander iu 
chief of the Province of the Massachusetts Bay and John Wentworth, 
Esq. Lieutenant Governour and commander in chief of the Province of 
New Hampshire, and Paul Mascarene Esq. appointed by Laurence Arm- 
strong Esq. Lieutenant Governour & Commander in chief of the Province 
of Nova Scotia or Arcadia of the one part, and the aforesaid Easteru 
Indians of the other part : Also the Submission and Agreement of the 
Eastern Indians, viz. The Penol)scots, Norridgewalks, Arscgnnticooks 
and Wecweenocks made & Concluded at Falmouth in Casco Bay on the 
sixteenth day of October 174!), betwev,'U Thomas Hutchinson, John Choate, 
Israel Williams and James Otis, Esqrs. Commission'^ appointed by the 
Hon'*''' Spencer Phips, Esq. Lieutenant Governour & Commander in chief 
of the Province of the Massachusetts bay aforesaid, and Theodore Atkin- 
son and John Downing, Esq'". Commissioners appointed l)y the Hon^i" 
Benning Wentworth, Esq. Governour and commander in chief of his 
Majesty's Province of New Hampshire of the one part, and the aforesaid 
Eastern Indians of the other part, distinctly and deliberately read over 
and Interpreted to us : Do, by these presents in a publick and solemn 
manner, as well for ourselves, as for all the rest of our Tribes by Avhom 
-we are Delegated and fully impowered for that purpose, Patify and Con- 



1754.] ' JOURNAL OF THE HOUSE. 293 

firm all and singular the articles contained in the aforementioned Sub- 
mission and Agreements ; and agree that tlie same and each ol" them 
shall be and remain in full foi'ce, efficacy and Power to all intents and 
purposes whatsoever. 

Done and concluded at Falmouth in Casco Bay. before his Excellency 
William Shirley Esq. Governour and commander in chief in and over 
his Majesty's Province of tlie Massachusetts Bay in Xew England afore- 
said, and his Majesty's Council of said Province, The Hon''''= Paul 
Mascarene, Esq. Commissioner from the Province of Xova Scotia, The 
Hon^e Daniel Warner, Esq. Peter Oilman and Clement March, Esq. 
Commissioners from the Province of New Hampshire, and the several 
Gentlemen that subscribe their Names as Witnesses hereto. 

Witness our hands and Seals this sixth Hay of July, in the twenty 
eighth year of the Kcign of our Sovereign Lord George the Second, by 
the Grace of God of Great Britain France and Ireland King, Defender ol' 
the Faith, &c. Anno Dom. 175-1. 

Ausong — his mark and Seal 
Noodult — his mark and Seal 
Baparemit — his mark and Seal 
Tersock — his mark and Seal 
Ahenquid, his mark and Seal 
Macque alias Michael, his mark and Seal. 
Espegueant, his mark and Seal 
Saukees, his mark and Seal 
Espeguserat, his mark and Seal 
Sooseph, his mark and Seal 
Pierre, his mark and Seal 
Arcxes, his mai-k and Seal 

Witnesses present 

Thomas Hubbard 
Wm. Brattle 
Ezra Bichmond 
Thos Clap 
Samuel Livermore 
Wm. Bowdoin 
John Storer 
Edward iliilikeu 
Job Lewis 
Charles Brockwell 
Samuel Moody 
Wm. Sever 
Fraus Wells jun. 
Wm. Lithgow 
Moses Pierson 
John Ernest Knockel 
Ezekiel Price. 

Note by the Editor. 
No papers are found in the Secretary's office ixdating to the Interview 
with the Indians at Albany but •' the Proceedings of the Colonial Con- 
gress" held there, from June I9'i', to July 11"' 1754, are fully reported 
and contained in Vol. VI. pp. 853 — 892, of Documents relating to Colonial 
History of New York, — which see in State Librarv of New Hampshire. — 
E». 



294 rPvOviNCE of new- Hampshire. [1754. 

Wednesday July 24"^ 1754. 

Met according to .'idjournment. The Secretary brought into 
the House y'^ Petition of Jeremiah Clougli, William Miles &c. 
Also the Petition of Jonathan Palmer. 

The House adjournd till three of the clock in the afternoon by 
order of the Speaker. 

Post Meridiem. 
Met according to adjournment — [and adjourned till] 

Thursday July 25*'^ 1754. 

Upon reading the Petition of Jeremiah Clough William Miles 
&c. Voted that it be dismiss' d. 

Upon reading the Petition of Jonathan Palmer Voted, That the 
Petitioner be heard on the said Petition on the third day of the 
sitting of the General Asseml)ly next after the first day of Octo- 
ber next and that the Petitioner at his own cost serve the Select- 
men of Northampton with a copy of the s'^ Petition and ot the or 
ders thereon, that they may shew cause, (if any they have) why the 
Prayer of the Petition should not be gr:mted. Sent up by Mr. 
Knight. 

[r. 466.] Mr. Secretary brought into the House the Petition of 
James Marden and Joses Philbrook, Selectmen of Rye, the Peti- 
tion of Thomas Sim] )son of Nottingham, and the Petition of Na- 
than Hale, Esq. of Newb^. Also the Petition of Clem* March, 
Esq. &c. agents for the Proj)rietors of Bow. 

Whereas Clement March, Escj. Daniel Pierce Esq. and Mr. Zeb- 
ulon Gidding, as agents for the Proprietors of Bow have Peti- 
tition'd the Gen^ Assembly of this Province to lend them the sum 
of one hundred pounds sterling money, to enable them to carry on 
a suit before his Majesty in Council, now depending there between 
one Merril and the s'^ Proprietors, (1) and signiiied in their Peti- 
tion that they are I'eady to give such security for the Pepuyment 
thereof as the Gen^ Assembly shall please to order: — 

Therefore Voted That Theodore Atkinson, Richard Wibird and 
Meshech Weare Esqrs. and Mr. Henry Sherbern, jun'. be and 
hereby are appointed a Com'*'" they or the major part of them to 
draw a Bill in favor of the Petitioners on John Thomlinson Esq. 
agent for this Province at the Court of Great Britain for the sum 
of one hundred Pounds sterling of the Interest in the hands of 
the said John Thoinlinson, Esq. belonging to this Government, and 
that the said Clem' March, Daniel Pierce and Zebulon Giddihge 
[i\ 467.] give security unto the s"* Com''^'' for the payment of the sum 
of three hundred Pounds Bills of Credit new Ten'' on this Province 
within one year from tlie date of s'^ Bill to be by them drawn as 
afores'^ witli six pr cent Interest in like Bills and that the s'^ Com- 

(1) See Bouton's Hist, of Concord, pp. 208 — J2o. 



1754.] JOURNAL OF THE HOUSE. 295 

inittee })ut the s'^ Principal and Interest, wlien rec'^ into tlie Treas- 
ury of this Province (taking- a Ueceipt for tlie same) and that the 
same be burnt to ashes in the face ot the Gen^ Assembly in order to 
sink so much of the Bills of Credit of this Province emitted for carry- 
ing on the Intended Expedition against Canada. Sent up by Esq. 
Macmur})hy. [Concurred.] 

Upon reading the Petition of Joses Philbrick and others, Voted 
that it be dismist. 

Upon reading the Petition of Tho' Siiniison, Voted that it be 
disniiss'd. 

Ui)on reading the Petition of Nathan Hale, I]sq. (a) Voted that 
the Petitio)ier have liberty to Ijring in a Gen^ Bill, having a clause 
or Paragraph therein, Avliich 'may answer the prayer of the Peti 
tion''. Sent up by Mr. Hale. 

(a) '•Praying- an Act niiglit l^e passed Enabling the said Hale to revivt: 
an action of Ejectment against tlie Execntors of Obacliah Perry which 
was discoutinned at his jMuj'y^ Snperior Court of Judicatnre in August 
last by reason of the death of the said Obadiah, while the s'' action was 
Depending." Jour. C. & Ass. July 25, 175t. 

The Secretary came into the House and said he was directed by 
his Excellency to Prorouge the Gen' Assembly till the twenty 
£p. 468.] ninth day of Octobi-r next and accordingly in his Majes- 
ty's name i)rorogucd the same. 



NoTi:. 
Before the day of the (Tcneral Assembly's sitting on the twenty-ninth of 
October, 175t, to which it stood prorogued, it was by Proclamation fur- 
ther prorogued to the twenty-sixth day of Novem^ 17.")t. Then Met and 
Adjourned till'Wednesday, Nov. 27^1' 1754; again adjourned to Dec. 3'', 
and again to Dec'' 4"i. 1754. In the mean time, however a Spkcial Con- 
VEXTiox of the General Assembly was called, at which important busi- 
ness was transacted. 

SPECIAL CONVENTION. 

[Copied from MS. Corr. Vol. II, p. 110.] 
Province of New Hampsh^ 

At a Special Convention of the General Assembly at Ports- 
mouth in the Province of New Hampshire the 2P' day of Aug^ 
1754, in Pursuance of an order from his Excellency the Governor 
to the Sherift' of s** Province to summon the members to meet — 
as on tile — 



296 PROVINCE OF NEW-HAMPSHIRE. [1754. 

Present. 

The Hon'''^ Meshech Weare Esq. Tho^ Bell, Esq. 

The'' Millet, Esq. Capt. Israel Gilman 

Maj"" Tho' Davis, Richard Jenness, Esq. 

Capt. John Wentworth Mr. John Knight 

Peter Gilman, Esq. Mr. John Tuck 

Mr. Zeb. Gidding Mr. Joseph Philbrick 

Mr. Benj'' Stevens Mr. Henry 8herburu jun. 

Mr. Tho' Wiggins. Elea"" Russell Esq. 

Clement March Esq. Matthew Livermore. 

Members of his Majestijs Council icho attended the Special Con- 
vention. 

Henry Sherburne Samuel Smith 

Theodore Atkinson Sampson Sheaffe 

Jno. Downing Daniel Warner 

Rich'i Wibird Joseph Newmarch. 

The Secretary bro't into the House a message from his Excel- 
lency — as on tile — and three letters relative to the mischief done by 
the Indians at Baker's Town(I) so called, and said the Gov'' tho't it 
best for the members of the Council and of the House of Repre- 
sentatives to confer together upon this occasion as it might have a 
tendency to expedite and lacilitate the affairs now to be con- 
sidered of 

Governor s Message. 
[Copied from MS. Gov^s messages, Vol. II, p. 143.] 

Upon a special Convention at Portsmouth, August 2P' 1754. 
Gentlemen of the Council 
and of the Assembly 

The distressed state of his Majesty's Subjects on the frontiers, more 
particularly the repeated Hostilitys committed by the Indians at a place 
called Stevens Town, demaud your closest attention and speedy assist- 
ance ; the accounts I have had from tlience the Secretary will lay before 
you. 

By the advice of his Majesty's Council I have afforded the distressed 
people for their present security, a detachment from the regiment of Coll** 
Downing, of fifty horse, which detachment I have an accoinit moved yes- 
terday morning and to relieve the horse, I have directed Coll^ Blanchard 
by Express, to Inlist or Impress fifty men out of his regiment, but as it 
was not in my power to engage pay & subsistance for want of a proper 
fund for that service in the Treasury, I am doubtfuU whether the foot 
will be prevailed upon to march. 

As Captain General I am invested with power to assemble the Military 
force within my Government upon many occasions, but neither horse nor 

(1) This was the place, now Franklin, where the two Indians, Sabbatis and Plausa- 
■wa, were murdered the year before by Bowen: called liaker-'s town as originally 
granted by Massacliusctts, but as afterwards granted by the IMasonian proi)rietors 
called Stebeni to\\n, from Ebenezer Stevens one of the original grantees from Kingston, 
M. H.— Eu. 



]754.] SPECIAL CONVENTIOX. 297 

foot can be sent under arms more than twenty-liours, or perform remote 

marches, unless they are paid & subsisted. 

I have not been wanting in my duty in a point so essential to the well- 
being of all Governments, to press the Assembly from time to time to 
make this salutary provision for the defence & safety of the frontiers, by 
placing requisite sums of money in the Treasury to be used only on 
Emergencys & unfoi'eseen exigencys, but hitherto I have not succeeded 
therein, which makes a great defect in the administrations of Govern- 
ment. 

In this season, I am now under a necessity of convening the members 
of the General Assembly at this unseasonable time and to call upon you 
for your advice and assistance, in what manner I shall afford protection 
to the exposed frontiers, l)Oth with respect to the number of troops and 
the method of paying and subsisting them. 

After you have deliberated on the important occasion of your Conven- 
tion, and have agreed upon your advice, I hope you will think it proper 
to have it signed l^y the Secretary in behalf of his Majesty's Council & 
by the Speaker in behalf of the Assembly, engaging to perfect what is 
wanting, at the next meeting of the General Assembly, which will give 
weight to your advice. 



B. Wkntwoutii. 



Tortsmouth, 21*'^ Ang^ 1754. 



Governor's Letter. 

[Copied from MS. Gov''* Messages, p. 141.] 

Little Harbour, lil^t Augt 1754. 
Sir — It was my intention to have been at the Convention this day, but 
upon the method I have put the business to be transacted at this Conven- 
tion I shall have no part to bear in it, so shall only rely on the advice I 
receive & I think it will l)e safest to have it done in tlie manner I have 
mentioned in the enclosed message. One hundred men with pay & sub- 
sistance is the lest they can advise to, for two months if needful!. 

I have desir'd Mr. Livermore to call on you to whom j'ou are to shew 
my message & if you & he agree on any alteration or addition for the pub' 
lie service you are to make it. 

I must see the Speaker on account of the Court before he goes out of 
Town. 

I am, Sir, your lium''''^ serv'. 

15. Wkxtworth. 

I have mentioned to Mr. Livermore the propriety of Councils sitting, 
together on this occasion, as it will certainly shorten the work & possibly 
may be the cause of making better work. 

B. W. 

As you are to read my message to the Council & Assembly it will not 
be improper to remain together on this occasion. 

[Probably written to Secy Atkinson.] 

The House sent a message by Doc' March to tlie Council to ad- 
vise y"^ that they were ready to confer with theui. 

. Upon which there was a Conl'erence between the Council and 
the members of tlie House, after wliich the members adjourned 
till to morrow morning nine of the Clock. (a) 



-98 PEOVIXCE OF KEW-HAMPSHIEE. [1754. 

(a) Jour, of C. Ass™. Aug. 21 & 22^1754. A conference was held in the 
Assembly Chamber and the method of Proceeding Discoursed of, and 
agreed to meet again on the morrow. 

Accordingly the Council met again on Thursday the 22'' Instant as En- 
tered yesterday and proposed that a member of Each house wait upon his 
Excellency & confer with him about the premises, P. M. 



Thursday, Aug' 22'^ 1754. 

Tlie members met agreeable to adjournm' 

Present 
Tlie Hon'^''^ Meshecli Weare, Es(|. John Macniurphy Esq 

Capt. Tho^ Millet, Esq. Mr Jno. Knight 

Maj-- Tho^ Davis Mr. Jno Tuck 

Capt. John Wentworth Mr. Joseph Philbrick 

Mr. Zcb. Gidding H. Sherburn, jun. Esq. 

Capt. Israel Gilman Eleazer Kussell Esq. 

Mr. l>enj. Stevens Matthew Livermore 

Mr. Tho" Wiggin Eich'' Jenness Esq. 

Peter Gilman, Esq. Mr. Josei)h Thomas 

Doc"" Clem' March. Mr. Jon^' Lovewell 

Mem". John Macmurphy Esq. came to Town yesterday after the 
Convention broke up. 



[The following Paper was copied from MS. Papers in Sec^s office, labeled 
"Towns," Vol. YI. p. 195.] 

Province of 
New Hamp'' 

At a special Convention of the members of the Gen' Assembly at 
Portsmouth on y" 22*^ day of Aug' 1754 in Pursuance of an or- 
der from his Excellency the Governor to the Sherift' of s*^ Prov 
ince to summon the members to meet, as on tile : 

Whereas his Excellency the Governor by liis message of tlie 
twenty-first Instant takes notice of sundry Hostilitys committed 
on sundry of his Majestys subjects at a place called Stevens-Town 
within this Province by Indians (supposed to be of the St. Erancis In- 
dians) and that the Inhabitants on the Frontiers are nnich exposed 
and so put in fear that they stand in need of protection and helji — 
Therefore it is agreed upoji by the members of the House of Pep- 
resentatives that there be the number of sixty men enlisted or Im- 
pressed (and his Excellency is hereby desired to give orders for 
the enlist" or Impress^ y' number) for the protection and tiefence 
of the Frontiers, not exceeding the space of two months, and that 
the allowance for their 2)ay, subsistence and ammunition be the 
same as at the latter end of the last Indian war, and in Older for a 



175 i.] SPECIAL COXVEXTIOX. . 299 

tfund, therefor, it is further agreed tli;it tliere be so nmeli of the 
Bills of Credit of y* Interest of the Twenty five Thousand 
Pound-; Loan in the liunds of the Treasurer, borrowed as will be 
sufficient for the same ; and that for the replacing the same in the 
Treasury it is furtlier agreed, that tliere be a tax laid on the Polls 
and estates within this Province agreeable to the last jjroportion, 
to be paid by the 30"' day of Decemb'' 1755, and that there shall 
be a tax Bill for that end as soon as the Gen'. Assembly shall be 
in a condition to act in a legislative capacity.(a) 

Mesbech Weare, Speaker. 

(a) Jouu. Coun. Aug. 22^i. Mr. Macmurplij^ from the House bro't up to the 
board iui agreement made by the members of xissembly, aucl acquainted 
the Board that y^ members desired tlie Council ■would Peruse the same 
and if approved of to send it back to the members tliat the speaker might 
sign the same in behalf of the memljers — Avhich was read and approved 
of & sent down & returned by Mr. j\Iacnuu-ph.v again, signed by the Speaker, 
which being read again at the board was concurred, and the Secretary 
ordereil to sign the same. 

Then the Conveutiou broke up. 

The House having considered of the matters laid before them 
by his Excellency the Convention broke up. (1) 



NOTK. 

[A second special Convention was called and held at Portsmouth on the 
6"! day of September 1754. — Ed.] 

[Copied from MS. Corr. Vol. II, p. 137.] 
Province of New Ilamp''. 

At a S])ecial Convention of tlie Gen' Assembly at Portsmouth 
in the Province of New Hampshire on Fryday y" 6"' day of Sep' 
1754, in pursuance of an order from his Excellency to the Secre- 
tary, and from liim to the Sheritf to Notify the members of 
Assembly to convene at Portsmouth at twelve o'clock this day up- 
on extraordiiunw aflairs as pr C(?rtificate from the Secretary, as on 
file: 

Present 
The Hon'''" Mesl>ech Weare, Es(i. . John Page Esq''. 
Capt. Thos. Millet, Esq. John Macmur})hy Esq. 

Maj. Thus. Davis Clem'. Marcli, Esip 

Ca|»t. John Wentworth ]Mr. Jno. Knight 

Peter (rilman P]sq. Thos. Bell, Esq. 

Mr. Zebulon Gidding Mr. Jona. Tuck 

Capt. Israel Gilinan Eleaz'' liussell, Esq. 

Matthew Liver more llich'' Jennes Esq. 

Henry Sherburne, jun. Esq. 

(1) The three letters referred to in his Excellency's message have not been fonnd; 
but the facts enil)raced in them are contained, probably, in Council llecords, pp. ij-as 
of this volume; (also sec Journal of the House.) The reader is also referred to^Bel- 
knay's History of N. H., (Farm. Ed.) Vol. I., ji. 311. 



'300 PROVINCE OF NEW-HAMPSHIRE. [1754. 

Message of the Governor. 

[Copied from MS. Gov"* Messages, Vol. II. p. 145.] 

At a Special Convention at 
Portsmouth, Sept. ctn 1754. 
Gentlemen of the. 
Council & Assembhj — 

It was advised, at the late Special Convention of the members of the 
General Assembly that provision should be made for Sixty men for the 
safety & protection of the Frontiers, & I -was then hopingthat provision 
would have answered all occasions, but the depredations & hostilitys 
committed by the Indians since on the Western frontiers of this Govern- 
ment on & near Connecticut river & in the western frontier of tlie Massa- 
chusetts Bay, as you will be fully informed by the Papers which the Sec- 
retary will deliver to you, together with the applications from diverse 
parts of the Government for succor & protection, which the Secretary 
likewise will lay before j'ou, makes it necessary for nie to convene you at 
this time, for your further advice & assistance, more especially lis his 
Majesty's Council has advised to it, in a particular manner, as the only 
expedient to enable me to aflbrd such assistance as the distress'd & ex- 
posed situation of the frontiers at present calls for. 

The hostile appearance of the Indians in so many of his Majesty's Gov- 
ernments, and in such numerous partys, is unusual even in time of war 
& the revenge the.y pretended to seek for the loss of two of the St. Fran- 
cis tribe plainly show the artfuU design of the French, and that these 
repeated hostilities did nqt arise from that supposed murther, but from 
the views the French have in setting Boundarys to all his Majesty's Gov- 
ernments & that tlie Indians are to ))e the lustruments to carry this de- 
sign into execution unless they can be restrained. 

Upon these heads I have wrote pressinglj- to Governor Shirley setting 
forth the necessity of adviseiug together in a matter of such importance 
to the crown — not doubting of your support & assistance, when I meet 
you in General Asseml)ly to enable me to Execute eflectually any meas- 
ures that Ave shall agree upon to render the designs of the French 
abortive. 



Council Ch.'imber in 
Portsmouth, Sept. G'^ 1754. 



B. Wentworth. 



Saturday, Sep*. 7<'', 1754. 

Present, [as before, except Peter Gilman, Esq.] 

Whereas liis Excellency the Governor by his messai::e of the 
sixth Instant mentions tlie appearance of a great uniuber of In- 
dians in sundry places within this Government as well as in some 
of his Majesty's other Governm''' in a hostile manner and that sun- 
dry Hostilitys and depredations have lately been committed by 
them in the western parts, and laid before the Honse snndry let- 
ters from Diverse places relative thereto, and it appearing that 
there is a necessity of a further supply of men for the protection 
and Defence of the Frontiers, Therefore it is agreed npon by the 
members of this House of Re})resentatives, that there be the 
niimber of Fifty men enlisted or Impressed (and his Excellency 
is hereby desired to give orders for the enlisting or Impressing 
that number for the Protection and Defence of the Frontiers if 



175i.] DEPOSITIONS. • 301 

he shall judge it necessary) not exceeding the space of six weeks 
from this day and that the allowance for their Pay, subsistance 
and amunition be the same as at the latter end of the last Indian 
war; and for a fund for the Same It is further agreed that there be 
so much of the Interest of the Bills of Credit of y^ Twenty-five 
Thousand Pounds Loan in the hands of the Treasurer borrowed, 
as will be sufficient therefor, and that for the Replacing the same 
in the Treasury, it is further agreed, That there be a Tax layd on 
the Polls and Estates within this Province agreeably to the last 
proportion to be paid by the thirtyeth day of Decenib"' 1756, aiui 
that there shall be a Tax Bill for that end as soon as the General 
Assembly shall be in a condition to act in a Legislative capacity. 

Meshech NYeare, Speaker. 
Province of New Hampshire — 

In Council September 7"' 1754 

The foregoing agreement of the members of Assembly being 
read in Council was agreed to & ordered that the Sec'^ sign the 
:same in their behalf. 

Theodore Atkinson, Sec''. 

The House having consider'd the matter laid before them by 
his Excellency, the Convention broke up. 



Note. 
[The extent of Indian hostilities about this time will appear from the 
following Documents & letters. — Ed.] 

Indian Troubles at Stevens-Town and Yicinity. 

{Copied from MS. Vol. in Sec'y^ office, labeled "Province and Kevolu- 
tionary Papers," pp. 15-19.] 

James lAndsey of Canterbury in the Province of New Hamp- 
shire of Lawful age Testifies ifc says — That in May 1752 Sabbattis 
& Cristo two Canada Indians cayie to Canterbury aforesaid and 
after about eight Days Tarry went off — That the same evening af- 
ter his Negro man Tom (of the value of six hundred Pounds old 
Tenor at the least) was captivated with a negro man belonging to 
Josiah Miles of Canterbury named Peer — 

That about three Days after Peer made his escape and Retnrn'd, 
who said That Sabbattis & Ci-isto took them — The Depon' after- 
wards was Informed That Sabbattis had sold the said Tom at 
Crown Point to the French — That some time in May 1753 said 
Sabbattis came to Canterbury aforesaid and after the Depon' had 
some conversation with him about his Robbing him of his negro, 



302 PROVINCE OF NEW-IIAMPSHIRP:. [1754. 

Sabbattis said tliat it was war Avith the St. Francis Tribe they had 
made no Peace, & the negro was Lawftil Phmder — The Depon' 
has not since received his negro nor had any satisfaction. 
Province of ) 
New Hani] 'sh (" Canterbury JMay y'' 2P' 

1754 after careful examina- 
tion ifc Due Caution to Testify the 
Truth the Said James l^indsey 
made Solemn Oath to the truth of 
the afore written Deposition Ijefore 
Joseph Blanchard — 

Jus. of v^ Peace. 



William Stark of a place called Starks Town in the Province- 
of New Hampshire of Lawful agti Testifies &, says That on the 
28"* Day of April 17.52 he Avas in company Avith John Stark, Amos 
Eastman & David Stinson on a Branch of Pt inigeAvasset River 
about eighteen miles from Steven's ToAvn so called — That the same 
Day toAvards night the Indians captivated John Stark — 

That the next mo]-ning soon after Jiicak of Day they captivated 
Amos Eastman and fird on the Deponent and David Stinson in a 
cannoe, kill'd the said David scalp'd & stript hiu), the fire miss'd 
the Deponent & he escaped and the Indians carried the said tAvo 
ca])tives aAvay — That it Avas upwards of three months before the 
said captives Return'd — The Plunder the Indians then took from 
the Deponent Sc his said company was of the value of Five hundred 
& sixty Pounds old Tenor at the least for Avhich he has received 
nothing. 

Province of NeAV^ 

Hainpshire j" Penicook May the 

23'^ 1754 the afore" 
named William Stark made 
Oath to the afore Avi'itten 
Deposition before 

Joseph Blanchard 
Just, of peace. 
A copA' Exam*^ ^ 

P. William Parker Not>- Pub. 



Lien. William Allies of Canterbury in the Province of Ncav 
Hamjtshire of Lawfull age Testifies & says — That sometime in 
May 1752 a Canada Indian named Sabbattis came to Canterluiry, 
in Conversation told the Depon' there Avas not a Peace made Be- 
tween the St. Francis Indians &, the English, tho' for his OAvn part 
pretended friendship. That a feAv days after at Canterbury a 



17o4.] DEPOSITIONS. 303 

Negro man named Peer a slave of Jo.^iah Miles's aiuT miotlier 
Named Tom Beloiigino-to James Lindsay both of Canterbury were 
Captivated. After a few days Peer made his escape got home, & 
said Sabbattis & Cristo took them — Tom is not returned to this 

That afterwards in May 1753 the said Sabbattis came to Canter- 
bury again with an Indian Named Phiusaway of the St Francis 
Tribe — Sabbattis tlien tohl the Deponent with menacing words 
and Gestures that he took the aforesaid two Negroes & had sold 
Tom to tlie Fi'ench for three hundred Livres at Crown Point and 
Justified his Right in taking them. 

Province of New}_ 

Hampshire J Canterbury May 21^' 1751 the 

above named William Miles 
made oath to the trutl\ of 
afore written Deposition 
before — 
Josei)lx Blanchard, Just, of Peace. 



Williaiii Emery of Contoocook in tlu; Province of New Ilami)- 
shire of Lawful age — Testifies &: says — That on the Tenth Day of 
May 1754 his wife being III and People afraid to tarry to take care 
of her there being an Out-house moved her into Town with the rest 
of his family about five miles — the next morning he Iveturned to 
his House tfe found it Plundered, Avhat of his Goods Avas not car- 
ried oft" was spoilt, of tlie value and to liis Damage Two hundred 
Pounds old Tenor at tlie Least and the same time found Nath^ 
Maloons Horse tyed by liis said House which Maloon his Avife Ra- 
chel his two Daugliters Rachel Sc Sarah tt son Samuel Avere cap- 
tivated & carried away by the Indians and of clothing Bedding tfc 
Provisions <jf the value of tAVO hundred tt thirty Pounds ohl lY'ii- 
or at the least. 

Province of New "^ 

Hampshire j" Contoocook May 22'^ 1754 the above Named 

William Emery, made oath to the truth of the afore Avritten Depo- 
sition before ' 

Joseph Blanchard Just, of Peace. 

A Copy Exam"^ 

'William Parker, Not. Pub. 



Elizabeth Miles Wife to Josiah Miles of Canterbury in the 
Province of Ncav Hampshire Testifies and says — That some time 
in the month of May 1752 two St Francis Indians (as they called 



304 PROVINCE or NEW-HAMPSHIRE. [175+. 

themselves) named Sabbattis & Cristo came to Canterbury. Sab- 
battis made liis General Lodging at the said Josiah's House for 
eight or Ten Days & was Treated with all Possible Friendship & 
Courtesy. Notwithstanding tlie said Sabbattis often Discovered a 
Restless & Malicious Disposition & Several times (Her husband 
being absent) with Insulting threats put her in very great Fear. 
Constantly kept a long knife Naked in his hand and on seeing any 
man come towards the House (of which he kept constant watch) 
arm'd himself — That the evening after he went away a Negro man 
of the said Josiah's was taken (named Peer) and another belonging 
to James Lindsey of Canterbury aforesaid Named Tom and carried 
away said Peer of the value of five hundred pounds old Tenor at 
the least. 

That the said Peer about three days after return'd pinion'd & 
Bound witli Indian Lines and said that Sabbattis and Christo had 
taken them and that by accident he made his Escape. 

That sometime in the month of May 1753 she was going to the 
field and an Indian (named Plausway) spoke to her behind a Fence 
and asked for her husband who was then at work close by, her 
Imsband enquired what company he had and lie said Sabbattis he 
enquired what he canie for or how lie dare come (meaning Sabbat- 
tis) he evaded an answer, her husl)and Desired him to go into the 
house, (being vehemently suspicious they were design'd for Further 
mischief, where he kept him that night and urged the appearance 
of Sabbattis, Plausway said he was afraid that he or Lindsey would 
kil him for Stealing their negroes the year Before. 

That after assurance that if he made his appearance he should 
not be hurt Next day searching in the woods found him and after 
a parley he came in — 

The wife of James Lindsey a near neighbor, hearing the Indians 
was there came to the house (the Englislunen Avere all gone out to 
work) and finding Sabbattis there said Lindseys wife urged his In- 
gratitude that after he had received so much kindness at their 
house to commit such a Villainous Act as to Rob her of her slaye 
with some Few words more to the same Purpose BotI\ the Indians 
immediately armed themselves with their guns Sabbattis with a 
Long knife and Plausway with a Hatchet and Avith a furious Ges- 
ture Insulted her holding the Hatchet over her head making at- 
tempts as if he would strike and told her if she said one word 
more aboiit it he would split her brains out if he died for it the 
next minute — Sabbattis Avent out to her husband in the field and 
told him that if he CA^er see the said Lindseys Avife any more he 
Avould kill her be the event Avhat it Avould (as her husband then 
told her) that the said Sabbattis insisted that tlie said Negro Avas 
Lawfull plunder the Deponent sold the said Indians tAVO shirts an 
ha]>pened to see them Avhen they shirted and there was next their 
skin Tyed a Number of Small Metump Lines not such as are usual- 
ly made for Tying Packs — a Collar of a Length about sufficient to 



urA.} DEPOSITIONS. 305 

go aroixnd a Man's Neck and as she then apprehended was what is 
called Captive Lines — 

Tliat the Deponent and her hushand frequently seeing them 
uncommon Lines Asked what Business Sabbattisand he could have 
there as they had not brought their packs for trade — at length 
Plausway said he had a kinsman (named Sabbattis) who had at 
C^ape Sable killed an Indian and that they agreed lor his Redemi> 
tion (being held by them) to pay five hundred pounds or get an 
English slave. 

That Sabbattis being his Names sake offered to assist him in the 
redemption and said the Hunting was best this way That the 
Indian must be released by the money or other ways (by Suiuer) 
or he must be put to Death. 

Province of New|^ 

Hampshire j Canterbury May 21" 1754. 

Tlie afore named Elizabeth INIiles made oath to the afore written 
Deposition Before Joseph Blanchard Just, of Peace. 
A Copy examined by 

AVilliam Parker, Not. Pub. 



I fAiiios JSastman of Pcnnicook and John Starke of Starkstown 
Both in the Province of New Hampshire of Lawfull age Testify 
and say — 

That on the 28"' Day of April 1752 they were in Company 
with William Stai-ke of Starkstown and David Stinson of Lon- 
donderry on one of the Branches Pemmigawasset liiver about 
eighteen miles from Stevenslown, and that on the same day tow- 
ards night the Indians captivated the said John and the next 
morning soon after Break of day captivated the said Amo3 and 
fired on David Stinson & William Starke killed scalped and 
striped the said David and the said William made his escape and 
carry'd the Deponents both to Cannady who did not return till 
the sixth day of August then next — 

That the stulf the Indians then took from the Deponents and 
their company was of the value of Five hundred and sixty pounds 
at (he Least (Old Tenor) for which they have had no Restitution — 

That the said Amos was sold to the French and for his Re- 
demption paid sixty dollars to his master Besides all his expence 
of getting home — 

That the said John Purchased his Redemption of the Indians 
for which he paid one hundred & three Dollars besides all his ex 
pences. getting home — 

That there was ten Indians in company who captivated the 
Deponents and Lived in St. Francis — they often told the Depo- 
nauts it was not peace One Francis Titigan Avas the chief of the 

30 



306 PROVINCE OF NEW-HAMPSHIRE. [1754. 

scout there was in their scout one Named Peer they called a young 
Saganioi'e that belonged to St. Francis — 

And the Deponents further say thfit in their Return from Can- 
ada they were at Crown Point a Negro man named Tom was 
there who told them that he was captivated at Canterbury that 
year by Sabbatis and CIn-isto and that they sold him to a French- 
man at that Fort lor Four hundred Livers Avhich sum Ca))t Phine- 
has Stevens and Mr. Wheelwright then ofiered for his Redemp- 
tion in order to return him to his master James Lindsay but the 
Frencliiuan his master refus'd his Liberty unless they would pay 
him six hundred Livers which they refused to Do — 
Province of New ] 
Hampshire j Pennicook May 23'^ 1754. 

The above named Amos Eastman and John Starke made Oath 
to the truth of the aforewritten Deposition 

Before 

Joseph Blanchard Jus. of Peace. 

A Copy examined by William Parker, Not. Pub. 



yathaniel Maloon the son of Nathaniel Maloon of Stevenstown 
in New Hampshire aged aboiit 14 years Testifies ami says — 

That at Stevenstown aforesaid on the 11"' day of May 1754 in 
the morning before sunrise his Father set out Designing to go to 
Pennicook a place of about twenty miles distant whose road went 
by the house of Mr William Emery of Contoocook That the same 
morning about nine of the clock the Dejionant was at work in his 
Fathers field and saw a number of Indians he thought ten or a 
dozen running to the house, and two took after the Deponant, but 
a thicket near was Quick out of sight and made his escape and hid 
not far off Sometime afterwards lieard liis Father call him sundry 
times — 

That after he supposed the Indians Drawn off, made his escape 
to Contoocook. 

Province of \ 

New Hamps" / At Contoocook the 22'^ of 

May 1754. 
The above named Nathaniel Maloon made solemn oath to the 
afore written Deposition — 

Before Joseph Blanchard Jus. of Peace. 



Ann Ziindsey the wife of James Lindsey of Canterbury in the 
Province of New Hampshire Testifies and says — 

That a Negro man named Tom belonging to her husband at 



1754.] DEPOSITIONS. 307 

Canterbury aforesaid sometime in May 1752 was captivated by the 
Indians and carried away — 

Tliat some time in May 1753 a French Indian named Sabbatis 
who cajjiivated the said Tom came to Canterbury aforesaid to 
whom the Deponant said, Sabbatis how coukl you thus Hub me of 
my Negro when I have always been as kind to you as a mother 
and done so many good things for you this many years. Hoav can 
you have the Face to appear had you been in my Country (mean 
ing Ireland) and had stole lo*"^ you would have been harjged for iti 
— on which Sabbatis and PlauscAvay an Indian of his Company 
Immediately Catch'd their guns Sabbatis drew a Long Knife and 
Plauseway a Hatchet and held the Hatchet over the Dcponants 
head witli a most Furious Gesture made attempts as if lie would 
strike saying if you speak one word more (meaning the Deponent) 
111 split your Brains out and repeated the expressions many times 
with many other Insulting speeches — 

Province of ^ 

New Ilamp'- j" Canterbury May 21"' 1754. 

The above named Ann Lindsey made Oath to the truth of the 
afore written Deposition — 

Beibre — Joseph Blanchard, Jus. of Peace. 
A Copy Exam"^'' by William Parker Not. Pub. 



John Flanders of Contoocook in the Provijice of New Hamp- 
shire of Lawful 1 age Test ifys and says — 

That in May 1753 an Indian named Plauseway came to Contoo- 
cook aforesaid exulting and telling of his Frequent coming to that 
place in the war how many he liad killed and taken Merrymack 
in the war — The Deponent told him that in the Fall lie intendeli 
to Catch liim some Beaver to make him a hat and asked PlauseAvay 
if he would hurt him if he see him wlio ansAver'd yes if he found 
him a hunting he would kill him and earnestly repeated it several 
times — 

And the Deponent further says That on the 1 1"' day of May 
1754 in the Forenoon at Contoocook aforesaid William Emery 
came to the Body of the Town and Informed that somebody had 
that morning broke open his house taken many things and spoiled 
others, a liouse his family liad moved from the night Before all his 
Cloathing (his Beds empty'd and ticks cut to pieces) and suppos'd 
it to be Indians the Deponent and others Immediately went foimd 
the house strip'd & Plunder'd to the said Emery's Damage at least 
Two hundred Pounds old Tenor — 

That they proceeded to the house of Nathaniel Meloon in Stevens- 
town so called Avhich was about six miles Farther and met with said 
Meloou's Eldest son who gave account of the Indians that day 
captivating his Father and Mother and three children who retarn'cl 



308 PROVINCE OF NEW-HAMPSHIRE. [1754. 

with tlie scout to liis Fathers house where they Found it pliincler'd 
and strip'd and by tlie best nccts the Deponent could get of the 
things missing bioke and Cutt to pieces was of the vahie and to 
Maloon's Damage at least two hundred and thirty pounds old 
Tenor. 

Province of \ 

New Hanip^= > Contoocook May 22'^ 1754. 

TJiG above named .John Flanders made Oath to the truth of the 
iaforewritteu Deposition 

Before Josoph Blanchard, Just. Peace. 
A Copy Exam'd by William Parker, Not. Pub. 



To Ills Excellency Benning Wcntworth Esq"" Governor & 
Commander in Cliief in & over his Majestys Province of New 
Hampshire. 

The Memorial of John Stinson of Londonderry in said Prov- 
mce Humbly Shews. 

That your Memorialist, would Repeat his application and Re- 
monstrate to your Excellency That on the 29^'^ of AjkiI 1752 his 
Bon David Stinson Avas in the Kings Peace & about his Lawful! 
Business in this Province. That it was after a Peace concluded on 
& finished with the French King & all his subjects with the King 
of Great Britain and his subjects. 

That on the same 29'''' of April a Party of Indians who ac- 
Lnowlcdgc themselves the subjects of the French King belonging 
to the St Francis Tribe without any manner of Provocation shot 
upon kill'd Scalp'd & Strip'd your said Memorialists son David in 
a hostile Murderous & Wicked manner and Robbed him of his 
effects there in Company with three others of the value of Five 
Hundred & Sixty Pounds at the Least Old Tenor. 

And inasmuch as he is Informed that in a short time there's to 
be an Interview with the said Tribe your memorialist would most 
humbly address your Excellency, That the Actors in that Horrid 
Murder & Robbery may be bro't to Justice & Restitution made, 
or that the Government on their Refusal may pay a Proper Re 
fientment for such Barbarous usage to one of their Fellow sub- 
jects and that our Lives & Estates may be better Secured for the 
Future. 

And your Memorialist as in Duty Bound shall ever pray. 

his 
JohnM Stensons 
* mark 

A 'Copy Exam'* 

P. William Parker, Not. Pub. 



17o4.] DEPOSITIONS. 309 

To His Excellency Benning Wentwcrlh Esq. Governor and 
Commander in Chief in & over His M.'ijesty's Province of New 
Hampshire. 

William Stark, John Stark, and Amos Eastman Inhabitants of 
the Province aforesaid would most Humbly llepeat their Kemon- 
strance to your Excellency — That the Latter end of April 1752 
they were on one of the Branches of Pemigewasset River about 
Eighteen Miles from Stevens Town within the undoubted Limits 
of his Majesty's Dominions in New Hampshire in the Kings Peaco 
& about their Lawlul Business. 

That ten of the Indians belonging to the S' Francis Tiibe came 
there who they seasonably Diseo\ercd, gave them no oft'euce but • 
had it in their Power to destroy them — or Defeat their Enter- 
prise, but esteeming it a time of Peace with all the l!i(li:i-i3 who 
own themseh es the subjects of the French King — Free fiom Ex- 
pectation of any Hostilities being commiited against them peaca- 
bly applied themselves to their Business till ambushed by the In- 
dians who killed Scalp'd & Striped David Stinson ony of their 
Company, Captivated the aforesaid John Sz Amos, & Shot at th.o 
said William who escaped carried the said Cajitives to Canada 
and at the same time took the Goods & effects of- your memoi'ial- 
ists and said David Stinson in Comyiany of the Vnhie of Five 
Hundred & sixty pounds at the least old Tenor. 

That it cost the said Amos &> John One Hundi-cd and three dol- , 
lars for their liedemptiou besides all charges getting home & Loss 
of time. 

That they are Leige Subjects to the King & Done their part for 
the Protection of Government, and esteemed Themselves by the 
Laws and Intentions of this Province Kestrained from making Re- 
prisals for their Satisfaction tho' it might happen in their Power 
from the same Tribe. 

They Humbly apprehend they have a Right of Restitution from 

and inasmuch as they are Infoiufd, that tho said 

Tribe is to meet this Govei'nment in a shoit time at Casca Bay to 
Discuss some Points of Debate between that Tribe & this Govei'n- 
ment We Humbly hope the countenance and aid of this Province 
for our Redress & satisi'action for all Damages, from the Indians, 
out of the Treasury, or in some other justitiable way. 

W^herefore we most humbly address your Excellency that you 
will coimtenance & aid our Relief that Restitution may be made — 
and that our Lives Liberties &, Estates for the Future may be De- 
fended against such unjustifiable Insults & Losses & that we may- 
share in the Liberties of Englishmen and your memorialists shall 
ever Pray 
May 2 P'" 1754. 

William Stark 
Amos Eastman- 
John Stark 

A Copy Exam'^ p. William Parker, Not. Pub. 



310 PKOVINCE OF NEW-IIAMrSHIRE. [1754. 

Indian Hostilities. 

Letter from l^llsha CJiapbi to Coll. Israel Williams. 

[Copied from MS. Corr. Vol. II. p. 123.] 

Fort Massachusetts, (1) August 20, 1754. 
SIR, 

Wo have the account of the Indians very different from what I wrote be- 
fore. There was not long since a number of Canada Mawquas Indians in 
at Albany and declared their Friendship to all this Country, and when 
they got back last Week to Crown Point they heard there was 150 of the 
Aurooutooks and Annaugoun-goes was come away from Crown Point and 
they never met them on the Lake, two of them ran back to the Carrying 
place and gave Mr. Vanderider a Belt Df Wampoon to show their Fidelity 
and the Truth that that army was come down upon Sari^togo and Hoosuck 
and our Newtown excepting 20 of the army they supposed was gone East 
to some part of New England. Last Tuesday I seat some men down to 
lloosuck to get some meal, they could not all get grinding that day. I 
stayed till yesterday and there came to the Mill 4 or 5 Stockbridge Indians 
that came from AA^ooloomscock and told them they see no sigus of any En- 
emy, but before they went away the Indians told them they must not 
stay there, they told the Indians they must get Meal first, they said you go 
quick and so went off for Stockbridge, the men came here safe, a Dutch- 
man that brought his Family to the F'ort was agoing to the Mill and de- 
signed to be at the Fort last night, lef two Boys in the Field the Boys saw 
a House on fire not far ofl' and made to the Fort and found one of their 
Neighbors and told him they saw a House on Fire, he went on the Kids 
and saw the Smoaks arise almost all over the Town, and that Dutchman 
that went to the Mill is not come, we have great Reason to think is fell 
into the Indians hands, and many more poor people that ly in the Woods 
ia the night and go into the field in the diy that we hear nothing ofl*. I 
sent a scout this morning to see what they can find as private as they can. 
Thi-i is the directest account I can get at present. There went down to 
Koosuck this morning to [two] of ihe West Town men and find it all iu 
ashes, except five of the nearest houses to the Fort, the Scout I sent is 
not returned, they design to lie out and make the furthest discovery that 
Ih-y can, tliis afternoon there was 4 or 5 Indians tracked within 2 or 3 
miles of the Fort, tis Ihought by the Dutch that the main part of the army 
13 gone off, — from 

Your very linmble servant to 
command 

Elisiia Ciiapix. 
Colo Israel Williams 
True copy— Attest, Tho^. Clarke, Dp*y Secrx. 



JueUer from Col. Williams to Hon. Joseph Willard, Sec^, Mass. 

[Copied from MS. Corr. Vol. II, p. 147.] 

Springfield, August 31, 1754. 

Sir — Herewith I send you Capt. Chapin's account of the mischief done by 

the Indians at Hoosuck. The man that came from the Fort with the Letter, 

says two men cime into the Fort as he was coming away, one wounded 

and that one who was with them was killed. 

(I) Fort Massachusetts was iuthe town of Adams, in the western part of Massachu- 
setts. "The remains of the olil fort are still to 1)6 seen on the north end of Saddle Moun- 
tain, erected as a defence against the savages." Harper's Univ. Gaz. "Adams."— Ed.] 



1754.] CORRESPONDENCE— INDIAN HOSTILITIES. 311 

Last week five Indians came to Suncook,(l) informed of the Indians 
coming oat, upon wliicli tlie People removed and thereby saved their 
lives. 

The People in the Frontiers are put into the greatest consternation, and 
but few if any will .continue. Our Infant settlements Avill be again ruined. 
They are not able to make scarce any resistance. 

If the People at Pentoosuck, Charleniout, Cold-rain and Fall Town 
could have protection, I ahou'd hope the[y] might be persuaded to remain 
and might pi-ove a considerable security and cover to Stockbridge, Shef- 
field, the new settlements betweeu Stockbridge aucl Sheffield, and the old 
Towns on Connecticut River. We are in a bad scituation, shall become I 
fear an easy Pray to the Enemy, and if the People escape with their lives, 
their substance will in all probability be soon destroy'd. 

I have ordered the People in the Frontiers to I^e on their Guard which 
is all I can do at present. I conclude the Dutch will (if they have not al- 
ready) retire from the East side of Hudson's River, and we nmst expect 
to receive the attacks. I have directed Capt. Ciiapin to keep out a Scout 
for discovery. « 

I am S', y"" ob' humb. scrv* 

W Williams. 
Hon. Josiah Willard, Esq. 

A true copy, Attest Thos Clarke, Dep' SeO'. 



Letter from Col. Ulanchard to Gov' Wentworth. 

[Copied from MS. Corr. Vol. II. p. 125.] 

Dunstable, August 29i'\ 175-1. 
3Ltii U please your Excellency 

On rec' of y Orders for a Detacht^ out of my regiment, I Imediately ex- 
press'd to the several conipanys & next day had sixty Impress'd, last Mon- 
day morning mustered at Dunstaljle, viev/ed the arms of those that pro- 
ceeded, supply'd them with ammunition &c. The complement Destin'd 
for Connecticut River march'd in company & under the Command of Major 
Bellows. (2) Twenty nine up jMerrimack river (of which) five I directed 
to guard a new settlement about S or 10 miles Westerly from Pennicook, 
who are now building a Fort, advantageously situated to cover the Set- 
tlginis Lower down the river; the rest witli Capt. Gofi'e to relieve the 
troops up the River with Directions to him for tlie most useful improving 
the souldlers. One half his scout are gone to Hillsborough & to search yo 
Branches of Contoocook river (the most likely places to discover if any of 
the Indian Scout has tarry'd) & to come in at Stevenstown or Contoo- 
cook. 

Relating the Supi" Court, I am too senciljle of my obligations to y'' 
Escy to withold ray assistance in anything your Exc>' directs. 

The Sup'' Court is a provincial Benuetit and ought liono'^'i' to be sup- 
ported at their Exponce & not a pennurious spirit cause a scandalous In- 
jury to those who attend their duty there with fidelity, — nor can it be 
expected in this Infant Province, Gent" will long Endure the Fatigue & 
Bestow their fortunes tliat way. 

(1) This must be the name of a place in Massachusetts, not in New Ilampshire.— Ed. 

(2) See Muster Roll of these men, in Military Hii-tory by Col. C. E. Potter, Adj. Gen, 
Rep. ISJi!. Vol. II. pp. 117—110. 

M:tjor Benj. Bellou-.'^, afterwards Colonel, was the founder of Walpole, N. U., 1749. 
He was bora May i3'3. 1713, and died July 10, 1777, aged 05 years. 



312 pkovincp: of new-hampshiee. [1754. 

Notwith^tiUKling at present resign m5'solf y'-' Pleasure in it & will be 
clown y" lO'^'' of Sept at furthest. 

I am y'' Exc^'"' most dutiful & most Obedient Hum' Serv^. 

Joseph Blanciiaud. 
His Ex >' Benuing Weutworth, Esq. Gov"" &c. 

P. S. I have supply'd the lifty men, I think likely gooJ souldiers. 



JPro^n Gapl. Pkineas Stevens to Coll. IllnsclaU. 

[Copied from MS. Corr. Vol. II., p. 127.] 

Charlestown in New Hampshire, August oO, 1754. 
Sir, 

This moi'uing a Party of Indians have been at the House of James Jon- 
son & have carried olf hiinSL'lf, his wife &, three children, & a Daughter of 
Lieut. Muses Willinls of about 14 or 15 years of age. The s'l jonson's 
wife was then with child, & within a few days of her Tiiiie. (1) They 
have ;dso taken Ebenezer Farnsworth who lived in the house with him, 
and Peter Labaree, who went to Jonson's on some business. Aaron 
Hosmer was in the bed with Farnsworth, and made his escape by falling 
behind the bed & retiring to another place for shelter in the s'l Koom, unci 
abiding there for near half an hour, while the House was plundered. The 
Indians came several times into the chamber & as he went out at the door, 
one Indian pursued him & had like to have taken him. I have been since 
to the House & find that all the people are gone ofl"; (viz.) Eight Persons. 
(A sorrowful account to give in time of Peace.) Which is all at px'esent 
from 

yi" most Humble servant 

PiiiNEnAS Stevens. 
To Coll : Hinsdale, 

A true copy pr Josiah Willard. 



Letter f I' om Major Jjevj. .Belloics to Col. Blanchard. 
[Copied from MS. Corr. Vol. II. p. 139.] 

Sk. We have the news from Charlestown that on Thursdav morning 
the 29'^'i of this Instant the Indians came to the house of James Johnson 
& broak in and took s'' Johnson, his wife and three children and a maid «&. 
one Eben'' Farnsworth & Labbaree, & they suppose they have carryed them 
all ofl", they have not found any of ihem kill'd, the People are in great dis- 
tress all down the River, and at Keen & at Swansey, & the few men sent 
will not more than supply one Town, and the People cannot secure their 
grain nor hardly keep their Garrison, &c. 

Benj^ Bellows. 
Westmoreland, xiugust 31, 1754. 

Cello Jos: Blanciiard. 

P. S. [ have got no further than Westmoreland when I wrote this & 
got all the men safe there. 

(Copy J. B.) I B. B. 

(]) Sae a full account of the captivity anrl sulTering-i of Mrs. JohtiBou iu Historical 
Collections by Farmer & Moore, Vol. I. pp. 178-239.— Ed. 



1754.] CORRESPONDENCE— INDIAN HOSTILITIES. 313 

Letter from Col". Blancharcl to Gov'' Wenticorth. 

[Copied from MS. Corr. Vol. II. p. 149.] 

Dunstable, Sunday, 5 o'clock V. M. 1754. 
May it please if Uxd'. 

Four o'clock this afternoon I rec't a letter pr Express from Major Bel- 
lows whereof the Inclosed is a copj'. I tho't it necessary to give y'" Excelly 
the Earliest ace''. I have no further advice tlum the letter. A jiost is 
already gone to Capt. Goft'e Sz, all the frontier Inhabitants np this Riv- 
er with this advice as well as to be cautious. 

I have ace* I think may be depended on of the discovery of a Party of 
Indians up this River of the Same day of this attack at Charleston. 
This pr post 3 o'clock last Fryday morning, frequently heard shoot last 
w'cek at several distant places — it seems they are sporting themselves at 
present greatly to our disadvantage. I hope there will be a spirit of 
proper Resentni' raised in tlie Assembly. Tberc must be a frontier, & if 
the present are drove in we must have one much more difficult to Defend 
or a great many ne-.^' Settlements Eroak up. 

The Settlements on the two Rivers are so accommodated for raising 
Provisions t compact, the other towns so scattered & such thicketts, 
that four times tiie soldiers will not Leave them so safe even to come 
down to old Dunstable. Rut as this is out of my Province pray y Exc'y 
to excuse it. 

Before I parted with Maj"" Bellows, I strongly urged his taking an 
equal care of tiie inhabitants on Connecticut Rivcrdown to include West- 
moreland & ye Great Meadows (or I'ulney) & urged ihat tiie Great Mead- 
ows & Wetvlmoreland Joyn in one Garrison, Walpool Westminster & 
Rockingham whose Improvements lye handy to make two (Jarrisons. In 
Walpool one on the River Bank, the other on the outside the meadow 
where Mr. Bellows's house now stands, the forts about; half a mile Dis- 
tant right opposite to the Improvements in Westminster & will cover two 
Hundred acres of good meadow Land of Mr. Bellows's, which he says, 
according to thei' Familys shall have equal Benefit with himself during 
the war; the Fort on the Bank will cover y*^ Landing & safe passage to 
Westminster fields. I hope they'l settle it that way. Walpoole and 
Westmoreland will then bt; upwards of thirty men Each of the Inhabit- 
ants & safe as to the general of their labuur. These places lye the most ex- 
posed (with Charlestown) and as the Scout was small, some must Scout 
Round the tov.n to Divide them further I tho't wou'd defeat their being 
of much use any where — but told him on the whole he must be vigilant in 
making the Best advantage of their service where he found most need. 

I determin to wait on y ExeJ' the Monday before his Majesty's Sup'' 
Court Sitts. 

I am with the tender of my Duty y Excellency's most humble & most 
Obedient serv'. 



His Excy Benning Wcntworth, Esq. Gov. &c. 



Joscrir Blanch AKD. 



Letter from Lt. Col. Josialt Wlllard to Col. Blanchard. 

[Copied from MS. Corr. Vol. II. p. 141.] 

Winchester, Aug^t 31, 1754. 
Sr— This day I rec^ the malonclly tidings of a family being captivated 
by the Indians at CharlestoAvn, the circumstances Avhereof you will find 



314 PEOVINCE OF NEW-HAMPSHIRE. [1754. 

in the copy of Capt. Stevens letter to Coll" Hinsdale, w* is Inclosed in a 
letter to his Exceiiy GoV Went worth, W^'* I beg the favrof you to convey 
as speedily as can be. After you have Iiifonn'd yourself of the news con- 
tained in it, so try to help a poor distress'd people, for almost every man 
is upon the move in this part of the country. I have had no sleep this 
three nights and now have nine familys stop'd at my house. 

We have parswaded the Bigger part of the People to tarry a Little 

While & see if we can have some help, but the old Leaven of the M '•'» 

& Mr. Walker's turning the world upside down in so little a Time is dis- 
couraging to ninny of our people.(l) They hear evry day that there's no 
help to be had from ye Mass''^. I have a hard Task to keep fort Dummer 
with six or seven men and have not completed a good Garrison round my 
own House, but hope to have it done soon &c. 

JOSIAII WiLLARD. 

Colo. Blanchard. 

Copy pr J. B. 



Letter from Lt. Col. W'dlard to Gov. Wentworth. 

[Copied from MS. Corr. Vol. II, p. U3.] 

Winchester, August the 31, 1754. 
3Iaij it plf.as/i your Excellency — 

I would luhiibly beg leave to inform how extremely diflicult our circum- 
stances are, ou account of our being constantly exposed to become a very 
easy prey to our barbarous Enemies, who have been of late makiug re- 
peated invasions ou our Neighi)oring Towns whereby a considerable 
number of them are slain & are carried into captivity. We had informa- 
tion on Tuesday last that live Indians which came from Crown-Pint to 
a Dutch place ciUed St. Coiks, there asserted that Eight Hundred Indians 
were set out on an Expedition against the Fort Massachusetts, & the 
Dutch settlements thereabouts, (2) & that on the 27"> day of the month 
they intended to arrive thither, which accordingly they did & killed & 
took nine persons near s'' Fort. "We also this day received the Inclosed, 
& also certain intelligence that two women & three children belonging 
to Swanzey are missing, which after dilligent search made, not being 
found, are supposed to be taken : &, by the Discoveries that are made, we 
are afraid of being invaded on every Quarter: Wherefore we humbly en- 
treat that your Excellency would take our c:^se under consideration & 
grant lis that needed speedy Belief, as in your great wisdom you shall 
think best. 

From him who begs leave to subscribe himself your Excellencies obe- 
dient & Humble servant. 

JOSIAII WiLLAUD. 

To his Excellency Benning Wentworth, 

Esq. Governor of his Majesties Province of New Hampshire. 



Letter from LJbenezer Hinsdale to Col. Williams. 

[Copied from MS. Corr. Vol. II. p. 145.] 

Deerfield, Aug^t 31, 1754. 
Sir.— 
At this Instant one of the clock this morning Doctor Field of Northfleld 

(1) rrobnl)ly tliis has reference to the result of Kcv. Timothy Walker's visit to En- 
gliiiid, about tlds time. See p. •2ri,'5. — Eu. 

(2) The Dutch had extended themselves from the vicinity of the river ITudsou, N. 
Y. into the western pare of Massachusetts.— Ed 



17o4.1 CORRESPONDENCE— INDIAN HOSTILITIES. 315 

brought ine the following Liues from Capt. Oliver "Willard of fort Dum- 
mer. viz. 

Sin — A Post just now arrived from No. 4, who informs that the Indians 
came to Lieutenant Johnson's liouse about break of Day this morning 
took him, his vvit'e & four children, witli one Lubbaree & Ebenezer Farns- 
wortli; one Ausmorc who was in the House escaped, none Ivilled as we 
hear. 

Your servant, 

Oliver Wellahd. 

Doctor Field tells me the Express from No. 4 informs that the abovc- 
m^intioned Lubaree who is near Neighbour to Johnson just cnter'd his 
house when the Indians rush'd in after him. Osmour being in the Cham- 
ber heard the IiuUans in the House & heard Johnson plead for Quarter, 
said Osmour jump'd out of the Chamber, met an Indian who struck at him 
with a knife he escaped the stroke, the Indians call'd to him to come back, 
i)ut he kept ou to Capt. Stevens at the Fort, there was no Gun lired, the 
Express came immidiately from Ca[)!;. Stevens & they had not time to 
kuow whether Lubbarees Family & some other of their N9Jghbours are 
taken or not. 

These in haste from your kinsman, 

& very humble scrv' 

Ebexez'' Hixsl»ai.e. 
Coll" Williams. 

Capt. Catlin, Lieut Hawks & Field are present Avho send you this In- 
formation 

A true. copy — Attest — J. Willard. 
Directed to Coll. Israel Williams. 



Litter from Capt. John G-ojfc to Col. Ulanchard. 
[Copied from MS. Corr. Vol. II, p. 1.^;].] 

ConLoocook, Sejjt. 1, 1754. 
Sm— 

I arrived to Pennicook ab» 12 o'clock on Tlmrsday where I mett the 
Troop who came dowu to guard 10 or VI horses to mill, ;iiid I took their 
places and they went Ilorm.!, aiul I got safe to the Fort at Contoocook with 
all those that went to mill, and have given the People I believe good sat- 
isfaction since I have b.-eu here consid-^riug the few men 1 have. Tliose 
that went to IliUsljorough not being yet conic but expect them tomorrow. 
We have dontj considerable in guarding the People whose hay was cut 
before the mischief was done, has lain ever .since till we came and a 
great deal mi>re hay & grain we must guard thorn to get or they will loose 
it, and shall do what we c;ui f)r them as souldiers, for they are here more 
concerned than ever I knew them any time las*; war, and durst not go any 
where without a guard I have not bin to Stevens town yet, & its Tho't 
dangerous to attempt witliout any more men. There is nobody thisre, 
but I am Inforiued that there is a" great deal of good corn tliere w<^'' its 
pitty should bo lost, but four or five of the Inhabitants will go back to 
stay & them not witliout twenty men at least as souldiers with them. The 
Indiaui are certainly about, they arc tract & guns heard every day almoi.t 
In the woods. 

I w.'Ut with my scout and a number of the Inhabitants. I heard up to 
the wjstward wliea I was four miles out of Town two guns very Plain, — 
upon Satterday last we made a considerable scout and went near to Hop- 



316 PROVINCE OF NEW-HAMPSHIRE. [1754. 

kiuton, marched down Coutoocook river & so to the Fort, we saw fair 
moguson tracts in severall placus, some now and some older. I pray you 
would send mc Express what I shall do ab' going to Stevens town if I 
have no more men, if I go I must take them all with nie & I dont see but 
Contoocook must loose or sell or kill most of their Cattle for they have 
got but very little Hay since the mischief was done, and have a groat deal 
to get; all their pease almost in ti'e hold uuhook'd &, loosing every day, 
and abunilanco of them there is. Mr. Lovojoys G.irrison(l) are all moved 
oil' but throe familys, and he told me that he would not stay any longer 
Avithoat he had soaie souldiors — and if he had, severall laiuilys would come 
to them, w^'i if thiit fort breaks up they can grind none in Contoocook 
& must be forced to go to Eastman's \nlll on Turkey river (about 12 or 14 
miles a dangerous road) and it will be much more dangerous to go to Peii- 
nicook(l). Please to' take these things into consideration & send me 
what I shall do. 1 am ready to obey if you will command. 

The Scout must go up to Stevens town to take care of their Effects and 
stay a night or two and I believe if I was ordered to go once in a week or 
ten days up there it Uiight possibly have this effect to daunt the Phiemy 
or find 'em and light 'em. If you think it best to go and live at Stevens 
town I am ready to do it & heartily willing, but they have no provision but 
suit, I must buy an ox and drive up and kill there which will be costly, 
and to carry meal so far will be bad luggage — Pray your advice by the 
bearer, but if I go there pray your interest for Contoocook & Lovejoy's 
mill & Eastman's mill that there may be an addition of Souldiers &c. 

J. GOI'TE. 

P. S. The most of Contoocook People desired me to acquaint you 
that they are Destitute of any military officers and by that, means no- 
body will watch or wjird, but such as see cause & by that means some 
are oblidgod to do duty & some none at all, and they think it is owing to 
their living at so great a Distance from Coll". Smith to whose regiment 
they belong, that they have none, & < esired me to acquaint you that it is 
their desire to be annexed to y'" Ivogiment as they joyn upon it & think 
they shall be taken b tter care of if they were & pray your Interest to 
get it done &, pray also that if they can't be in y^' Regim' you wou'd rec- 
ommend Mr. Steven Ganish for their chief officer, for I assure you there 
is necessity that something be done in that respect soon. 

1 am &c. J. G. 

I have my full comp"' of men & I think one more, pray y'' advice in that 
— As I was sealing up this lleC' y* relating No. i (or Charlestowu) shall 
follow y'" Directions. 

J. G. 
Copy of Capt. Goffe's letter. 

Monday (paper annexed) 
I came down with a guard with two teams to Lovejoy's mill& to Relieve 
my souldiers fi-om Hillsborough who it seems did not care to come alone. 

J. G. 

(') Ucury Lnveioy\i Garrison was Pitnatcd in West Concord, on or near the spot 
where t!ie new l)rick schoo. liou<e now st inds. feoule from Contoocook and Canter- 
bury went to his mill sitnated near by. ./on than J-:astma},'s Garrison \\ as on the Hop- 
kinton road, on the rise of land neur "whyre tlio road diverges to Dunb irton. His mill 
was on Turkey river ne/.r where now St. Paul's School is located. This was 10 or 12 
miles from Contoocook, and Capt. Gofl'e calls it a -dangerous i-oad," but why he t hould 
say it was "more dangerous t > goto Peniiicook" — which was the name of tlie main 
Bettlemeat, the editor does not know. Seu RoutoiVs Hist. Conajrd, pp. 151-15'j, 17.')-17U. 
—Ed. 



1754.] CORRESPONDENCE— INDIAN HOSTILITIES. 317 

Dunstable, Sept. 3a 1754, 
May it please your ExcelH' 

The foregoiug letter I rec^i early this morning (with 11 messenger for 
more iiamumition) The better to let you know the whole situation, I 
copied the letter from Capt Gofle, the People nuist be distress'd in their 
present situation, 'tis great PiLty that the Indians sliould mal<e advantage 
of tlie fields & destroy yo food at Stevenstown, & for Contoocoolv to be 
starved, their crop wou'd serve themselves & many souldiers if preserved, 
the Garrisons at Lovejoy's mill & Eastman's mill must by no means be 
Broak, tlie two most usefull places if the towns there stand. 

To divide this Ilaudrull of men with Capt. Gufi'e to all these places, tak- 
ing first what's necessary for Stevens town must be useless to the rest. I 
have directed Capt. Gotl'e for the present to pur.sue tlie projection in his 
letter relateing Stevens town, and assist Contoocook and the two mills all 
in his povver.^ I expect every minit to hear of the Indians further attaclc 
unless the people give more than common attention to their guards. A 
proper company of men att liberty to take uj) to y« heads of y"^ Rivers first, 
& another to scour their woods might Quickly cross them, but those al- 
ready out can serve but little further than the fields. 
I am in nil duty your Exc>''' 

most Obedient Humble serv*. 

Joseph Blanciiakd. 

P. S. Your Excy will undoubtedly greatly serve the Inhabitants at Con- 
toocook by puttiug them under a military Regulation. They cannot in 
this time of war do without. Y'^, ut supra, 

J. Bl.ANCIIAni). 



Ijetter from Col. JBlanchard to Gov. Wentworth. 
[Copied from MS. Corr. Vol. II. p. 157.] 

Dunstable Sept. yo o-i^ 1754, 
M'ly it please y^ Ex''y. 

Three of the clock thifi morning I rcc^ the Inclosed Express came from 
Nichawog (1) (between sixty & seventy miles) from yesterday three of 
the clock, the bearer from Nichawog & can give no vcrball ace'. 

This message Col" Willard sent unsealed under covci'. I farther In- 
close a copy of his Private letter to me, & hope some way will be found 
out to prevent such fine settlemts becoming a dereliction. Tho' half the 
Gov' (till some proper measures can be taken) were constrained to go. 

This first shock will be the worst, when they get fixed in good Garri- 
sons, a smaller Nomber will be sufficient & the people I doubt not, will do 
well. 

The news I have from all Quarters makes me afraid there's a considera- 
ble nomber of Indians scattcr'd in the frontiers. 

I detcrmiu to waite on your Excell.v on Satterday or Sunday, my Busi- 
ness by this Rout with the Indians has been hindert d & not expecting to 
tarry at this Sup"^ Court had undertaken Repairing my House & other 
Buildings necessaiy, besides I expect if the Indians continue these 
troubles a necessity of my being much at home, that if your- Excy shall 
think convenient to Hon'' me in y^ new Comission, I must beg your Indul- 
gence of my Return for part of this Court & afterwards will Endeavor to 
fit my Business better to attend. 

I saUue y Ex<^y with my'Duty & and assurance that I am y Exc^^ most 
obedient liumble serv' 

Joseph Bl.v>jciiard, 

(1) The locality of Nichawog is not kaown to the editor.— Ed. 



318 



ITvOVINCE OF NEW-IIAMrSIIIEE. 



[1754. 



The followiGg names are found nn the Muster Boll of the Troops cm- 
jiloyed in his Majesty's service on Merryviac Blvcr 17oi n der command of 
Col. Joseph Blanchard, and by him posted under propn' officers, arjreeable to 
his Excellency's orders. [kScc Potter's Mil. Hist. Adj. Gcu. Kep. Vol. II. 
1866, pp. 117-11'J. 



Mens Names 

Joseph Bhiuchard, Esq. 
John Goffe, Lieut. 
Caleb Paige, Serg'" 
Joshua Martin 
Jona. Woodbury 
Wm. Moore 
Isaac Waldron 
Timothy Cox 
Levi Hildreth, Sentinel 
Peter Cross 
Eleazer Farewell 
Nath' Moore 
Samuel Houston 
Simon Beard 
John Harwood 
Joseph Ordvvay 
Nathan Haywood 
Jacob Jewell 
John Bailey 



Josiah Parker 
Joshua Corlis 
Stephen George 
Joseph Eastman 
John Taylor 
Archibald Stark 
Thos. Jones 
Joseph Broffn 
Sam'. Hogg 
Nicholas Line 
Daniel Itoden 
John Hay 
John Allen 
Samuel Hilton 
James Hunter 
Thomas Groar 
Matthew Glean 
Thomas Archibald 
Hugh Miller 
John K.'irkin 
Israel Trull 



.Jonathan xViken 
Thos. llylaud 
John Duncan 
John Barret 
Samuel McDupley (1) 
John Archibald 
.Joseph McCoAven 
David Taylor 
James McNeil 
William Bonner 
William Patterson 
William Patterson 
Zachariah Stearns 
I'^phraim Foster 
Stephen Chase 
John Worthley 
Jeremiah Corlis 
Wm. Hutchinson 
Keuben Haniblet 
Andrew Walker 
William Gibson 
Robert Rogers. 



Names of the men posted on Connecticut Itiver under Major Bellows. 



Benjamin Bellows, Lieut. Joseph Richardson 
Phineas Stevens, Serg. James Page 
Jesse Richardson, Sen 

tiuel 
James Hewey 
Henry Hewey 
John Curaraings 
Amos Kenuey 
Henry Hill 



John Lover jr. 
Samuel Parker, jun. 
Timothy Beadle 
John Martin 
Samuel Stearns, jr. 



James French 
James Whiting 
Amos Whiting 
James Hill 
Jonathan Hubbard 
Caleb Willard 
John Cummiugs jr 



Names of the men, posted in the neighborhood of Keene and Fort Dum- 
mer, under Col. Willard. 



Josiah Willard, Lt. 
Samuel Thompson, Serg, 
Elijah Alexander, Cent. 
Asa Grant 
Christop'r Grant 
Benja. Moore 
Ichabod Fisher 
Obadiah Wells. 
Wra. Stevens 



Benjamin Little 
Nath' Heath 
Caleb Heath 
Ephraim Perry. 
John Stevens 
Jona. Atwood 
Wait Stevens, jr. 
ICben'' Fellows 
John Heath 



Joseph Lancaster 
Benj" Grillin 
Jona. Clough 
Thomas French 
Jona. Flood 
Samuel Marcli 
Joseph Brown 
Gideon Webster 



(1) Deserted Oct. 26. 



1754.] CORRESPONDENCE— INDIAN HOSTILITIES. 319 

Copy of a paragniph of a letter from his Excellency the Gov'. 
to Joseph Blanchard Esq. dated Nov. 3'^ 1754. 

[Copied from MS. Corr. Vol. II. p. IGI.] 

"It being uncertain whether the Assembly will pay the Troops 
for any longer time than their Grants extended to, I think* it proper that 
you give orders for dismissing both the Troops posted on Merrimack 
and those on Connecticut River, unless they are willing to remain at the 
mercy of the Assembly, which I cannot advise to." 



J20 niOVINCE OF NEW-HAMPSHIRE. [1754. 



NOTK BY THE EDITOK. 

Thus far, the Journal of the House has bein copied and printed entire, 
with all the accompanyiufr official papers and documents referred towhicli 
could be found in the Secretary's olHce or elsewhere ; but on account of 
the ^reat increase in the bulk of material from year to year — much of 
which relates to mere personal and local matters — and especially on ac- 
count of the greater importance to be attached to those portions of the 
Journal, with the Governor's messages, the correspondence and public 
documents, which relate to tlie "Seven Years' War'' with the French and 
Indians — which are very copious — the Editoi', under the advice and di- 
rection of his Excellency, Governor James A. Wkstox, has deemed it ex- 
pedient hereafter to cupyaud publish only such portions of the Joiirnal of 
the House as more particularly relate to matters of general and public in- 
terest. The editor, however, has carefully noted, in an abridged form, 
the joint proceedings of the House and Council relative to other matters, 
and placed the same in smaller type, in order, marked (a), (b), &c. He 
has also indicated the concurrence or non-concurrence of the Council, 
with the proceedings of the House. 



Wednesaay DeC- 4"' 1754. 

Met according to ndjoiirnment. Mr. Joseph Biclcford bro't n 
Muster Roll into the House and made oath thereunto. 

The Muster Rolls of Joseph Kimball, Rob' Kimball and Ezekiel 
Sanborn bro't in by Coll. Peter Gilman, being sworn unto before 
him. 

The Muster Roll of Thomas Lucas Itro't into the House by 
Coll. Peter Gilman being sworn unto before him. 

The House adjourned till three of the clock in the afternoon by 
order of the Speaker. 

Post Meridiem. 

Met according to adjournment. 

Capt. John Odlin bro't into the House a Muster Roll and made 
oath to the same. The House adjourn'd till tomorrow morning 
nine of the clock by order of y" Speak''. 



Thursday, Dec. 5"' 1754. 

Met according to adjournm'. 

The Secretary came into the House and said he was directed by 
his Excellency to acquaint the House that his Excellency expected 
the House at the Council Chamber and accordingly the Plouse at> 
tended his Excellency at the Council Chamber who made a Speech 
[p. 470.] and Mr. Speaker desired a copy thereof and the Secretary 
deliver'd Mr. Speaker the original and said a copy might be taken 
thereof and the original be returned. 

The House adjournd till three of the clock in the afternoon by 
order of the Speaker. 



1754.] JOtrUNAL OF THE HOUSE. 321 

Governor s S^^eech. ^ 

[Copied from MS. GoV^s Messaires, Vol. II, p. 153.] 

Gentlemen of the Council 
And of the Assembly — 

The necessity I was under to Transmitt the state of my Government to 
the King's Ministers, by the mast-Ships, obliged me to Prorogue the Gen- 
eral Assembly to a longer day ; It being impossible for me to attend such 
services at one and the same time, and as I meet you Now, at a season 
the least injurious to your private concerns, so I would hope your atten- 
tion will be more firmly set on the public. 

I have transmitted to his Majesty by one of his principal Secretaries of 
State, the ample provision you made in your last session for a proper de- 
tachment of the Militia, to "be Employed by me in searching after a French 
F'ort, reported to be built or building at Coos, on or near the head of Con- 
necticut River within the uudoubted limitts of this Government, which 1 
am pursuaded Avill be highly acceptable to his Majesty. 

The detachment I sent on the above service returned without discover- 
ing any Fort or provision making for building one, although they penetrat- 
ed further into the main body of land Westward from Coos than the Eng- 
lish inhabitants have yet done, and would have proceeded further, had not 
the Excessive rains unusual at that season of the year prevented it. 

Notwithstanding the Troops I sent on this discovery were too early, yet 
from the Intelligence I have had, I am pursuaded that the (Jeneral of Can- 
ada had determined upon building a F(n-t in the summer past either at 
Coos, or some more convenient place on this side the J.ake for a safe re- 
treat to the ludians and for the reception of their captives ; nd Plunder, 
after they had committed hostilities on our Frontiers, and nothing but 
their great attention to the success they rely on at the Ohio and the ne- 
cessity they are under to compleat their scheme there by secureing the 
Indians; in that quarter in the King's Interest, has prevented it. 

When you consider how acceptible it must be to his Majesty to defeat 
the French in the least attempt they may make to incroach on any part of 
his Uonunions, Avhen you consider the distresses of the Frontiers in the 
Summer past, and when you consider how their misery will be iwcreased- 
should the French this Winter or early in the Spring strongly Fortifle 
themselves at Coos, I cannot doubt of your resolution in taking posses- 
sion of that important pass, with the utmost Expedition. 

Your resolve in this momentous Concern you may be assured will not 
only recommend you to his Majesties especial favour, but must finally be 
your great security, as it Avill cut ofl" all comnuinication the ludians cai> 
have between our frontiers and the French Fort at Crown Point; it wil^ 
also prevent the Indians from St. Francis and Montreal from making in- 
cursions on our Frontiers, by shuting up those short and Easy water 
passes which they frequent ; another great advantage must ensue, in case 
of a general war; when that happens" there may be an occasion to march 
a body of troops into the Enemies country, the benefits the troops would 
receive from resting in such an advanced Fort, besides the probability of 
their Garrisons being within a few yeai-s capable of subsisting any num- 
ber of troops this Province may have occasion for, with many others of 
another nature arc truths that need no further proof. 

All undertakins of this kind are subject to great cJiarges. and should 
this be attended with extraordinary expenses it ought by no means to 
prevent its being carried into execution, being in no doubt but that it will 
be his Majesties pleasure to put this Province upon the same footing, for 
the services we engage in, in obedience of his Commands, as he puts his 
other governments, and that we shall receive the same aid from the 
Crown ; besides it must be considered that a fortification at Coos will be 
an infinitely greater security to all liis Majesties colonies, exposed to the 



"--i PROVIiS'CE 01<" NEW-HAMrSlIIKE. [1754. 

Hostilities of the Indians, tlmn a I'ort crcctod in any other place whatso- 
ever. 

You cannot but be sensible tliat with the approbation of the Legisla- 
ture I have used my utmost Endeavours I'or three years past to place a 
strong garrison at Coos, but from the opposition uiy plan met with, where 
1 could not expect it. (if they had judg'd rightly ibr themselves) it did 
not take etteet. Th« same reasons subsist with me as did then, for taking 
possession of those invaluable Lands, and irideed there tire so many en- 
couragements to the undertakfng, v.'lien duly Aveighed, that they cannot 
fail of Inviting you to engage in it. The nearness of our present settle- 
ntents Is a persuasive argument to this service, so that subsistance and 
reinforcements upon Emergencies may be conveyed with ease and safety, 
an well as all necessary stores; the commodious situations for Garrisons 
with a sufficient store of materials for such uses, and above all the fertil- 
ity of the soil, if mj' information is well grounded, exceeds every other 
advantage; from which it maybe expected that a fort placed under so 
many promising circumstances will not be a lasting charge on the gov- 
crmnent. 

(hyriUemen of the Assemhly 

His Majesty had no sooner lieceived the information of the marching 
of a considerable body of Indians, joyned by some regular European 
troops, with a design to commit Hostilities on some part of his Domin- 
ions, but he instantly directed one of his Principal Secretaries of State 
to inform the Governors of all his Colonies thereof, and to direct them 
to put the military force under their dii-ection In a posture to resist any 
liostile attempts that might be nni'Je on their respective Governments, 
ailso to I)e aiding and iissisting any other of his ilajesties Colonies in 
case of an Invasion. 

The Earl of Iloldernesses letter to me of 28"i August 1753, Expressly 
wrote by the Kings command on this occasion, I laid before you in your 
3ast Session. You must all be sensible that his Majesties command can- 
not be fully executed by me without your assistance, by making grants 
equal to the service required, and to excite in you a Zeal for so impor- 
taul a branch of your duty to his Majesty, you will observe the Royal 
Commands repeated in the following Paragraph of S^' Thomas Robinson's 
letter to me of the 5'''' of July Last, Avldch did not come to my hantl until 
t.hc 14"! of November. 

*'Thc Kings orders were signilied to you not only to act vigorous In de- 
►'ffcnce of your Government,"but to be likewise aiding and assisting his 
''Majesties other Colonies in America, to repel any hostile attempts 
''made against them. I am now l)y the Kings express Command to eu- 
" force to you the said Directions in the strongest manner and to acquaint 
*'you that'his Majesty expects your immediate observance oT them. 

"'•You will see by the inclosed copy of my letter to Governor, Shirley, 
••in what manner his Majesties subjects have behaved at Massachusetts 
"Bay, and that their conduct has been intirely approved by the King." 

Gentlemen — 

You may see how jealous his Majesty is, least the Erench should dis- 
tress or make any encroachment on 'his Colonies, from his approving the 
conduct of ouv neighl)ours in the Massachusetts Bay, in fortifying the 
lUver Kennebec, and since you have so fair a path open to tread in, a 
Avay so Broad that it will admit of no mistake, I pursuade my self you 
will embrace the opportunity put into your hands of recommending 
yourselves to his Majesties favour by making an ample grant for fortify- 
ing Coos and g.irrisouing the same. 

,;\s T have not only his Majesties commands but his repeated Com- 



1754.] JOUKXAL OF Till: HOUSE. 323 

inauds to pay obedience to, I have confined mysjplf to tlieni only, at the 
opening of this session, and as *oon as you have gone throujih what I 
have so earnestly recommended, I shall in a Message lay the other niat- 
ter.s requisite at this session Ijcfore you. 

Gentlempn of the Cov.ncil 
and of the Assnnhl'j 

It will give me the highest pleasure to concur with j-ou in the measures 
I have so pressingly recommended, and as thej- tend so much to his 
Majesties service and arc so agreeable to his connnauds, as well as for 
your own safety and the protection of his Majesties other Governments, 
i have no room to doul)t of your uiiiteing in making the necessary grants 
therefor. 

13. Wkntwoktu. 
Council Chamber in 
I'ortsmonth. Dcceml)er the .■;'■• !7."!. 



t!op)/ of /Si 7' Tho7)tas Jiobinso)iS Z,etter to Gov. Shirley. 

[Copied from MS. Corr. A'ol. II, p. 109.] 

Whitehall, 21^' June, 17.-.4. 
hut- 
Having received your Dispatches of the 10"' of .Vpril and the l**' of May 
last, with their several Inclosures. & having laid the same before the King, 
I am to acquaint you that his JNTajesty extremely approves tlie licsolution 
which has been taken by tlio .Vssembly of your Province in consequence 
of the Proposal recojnmended l)y you, to use their best Endeavours to 
drive the French from tiio lliver Ki imel)eck, and I am, at the same time 
to inform you. That his ;Majesty is graciously pleased to authorize and di- 
rect you to proceed upon the Plan, and to pursue the measures Avhich ap- 
pear by your Speeches to the Assembl.y and their answers thereto to have 
been so well calculated for that purpose ; and I am likewise to assure you 
as a mark of j^our Majesty's particular attention to the welfare of his Lov- 
al subjects in Xew England, that, every thing reconnnendcd by tlie said 
Assembly will be fully considered, iS. that immediate Directions will be 
given for promoting the Plan of a general concert between his Majesty's 
Colonit^, in order to prevent or remove any Encroachments upon the Do- 
minions of the Crown of Great Britain. 

It is with the greatest Pleasure that I take this Early opportunity of 
giving you the Satisfaction to know the very favorable manner in which 
the account of your Prudent & vigorous conduct, as well as of the zeal 
and activity of those under your Government have been received by the 
King, which cannot fail to excite & Encourage them in taking such farther 
steps as will most etlectually provide for their own security, & will give a 
proper Example to liis Majestys neighboring Colonies. 

I am, &c. 

T. KOIJINSON. 

(rovernor Shirley. 

Post Meridiem. 

Voted, That Mr. Sjieaker, Coll. Gilinau, Matthew Livermore, 
Capt. liell, John Pag-e Es;]. John McMurphy Esq. and Mr. Jona- 
than Lovewell be a Committee to v,-ait on his Excellency to con 
jiult about the affair of Coos. ^ 

The House adjourned till tomorrow nu-rp.ing nine of the clock. 



324 PHOVIN'CE OF NKW-IIAMJ'SIIIKE. [1754 

Fryda}-. Doc' 6"> 1 754. 

The Commit tee appointed to eoiifer witli his Ext^clleney upon 
the subject mattei- of his speecli, makinu; lleport, a mes.sacfe was 
sent by the House to desire a Conierence and it was agreed to be 
tomorrow morning. 

The House adjourn'd til] tomorrow morning. 



Saturday, Dec'' 7"^ l7oi. 

Met according to adjournm*. The Council and House met and 
[p. 471.] had a Conference u])on the subject matter of the Gov- 
ernor's Speech and the House voted as follows, viz. 

Voted, That INIr. Speaker, Henry Sherburn jun. Es(p Peter Gil- 
man Esq. and Matthew Livermore be a Committee of this House 
to jo}'u with such as may be a|»pointed by the Hon*'"' the Council 
to draw an answer to his Excellency's Speech. (;i) 

(a) Theo' Atkinson and Rich'' Wibirtl, Iviqs. appointed. 



Wednesday, Dec"" 11"^ 1754. 
[p. 472.] Voted that the following Address be sent to liis Ex- 
cellency and signed by the Speaker in the name and by oider of 
the House. 

Province ol' 
New Ilaaipsliire 

To his Excellency Benninj; Wciitworth Esq. Captain General 
(loveruor and Commander in Chief in and over his Majesty's 
Province of New Hampshire. 
The Humble Address of the Council and Assembly of said Province — 

[Copied from MS. GoV^ Messages, Vol. II. p. IGl.] 
We his ^lajesty's Loyal and dutiful subjects the Council and Assembly 
of said Province bej; leave to address your Excellency and acknowledge 
our obligations to your Excellency for your Speech to both Houses of the 
lifth Instant, wherein we observe. That yonr Excellency had Informed 
ills Majesty by his Ministers of the Provision made by this (Jovernment 
for searching after a Erench Fort reported to be built or building at Coos 
on Connecticut Piver, and also the other matters therein rcconnnended 
by your Excellency. 

' We greatly Kejoice that the Troops emp'oyed in that business upon 
the strictest search found no such Fortress or Building there, or any 
preparations made therefor. 

From the best information we Iiave as yet been able to get relative to 
the situation of Coos, We are of o])inion that a I^ort there with a sufli- 
cient Garrison, would be a great Defence and Protection not only to this, 
but also to his Majesty's other Northern Provinces : But at the same 
time caimot think that his Majesty's subjec'ts of this Province are al)le to 
carry the same into Execution, considering their present circumstances, 



1754.] JOURNAL OF THE PIOUSE. 325 

uamely, tlic largo Froutif-rs they have to Defoiicl, the great charge they 
were at in the late War, the Burden ^vhereof they have not yet got over; 
also the great charge they have been at this present year for the Px'otec- 
tion of the Frontiers and much greater that thej- must be at should there 
be a War, which there is reason to lear will soon be the case, and consid- 
ering also the great number of forces it will take to build a Fort there 
and tlie heavy charge that will necessarily' and unavoidably attend the 
garrisoning and maintaining the same, Inasmuch as the situation of the 
Place (as we understand) where said Fort is proposed to be built, is 
such, as there must be such a number of Troops posted there as will be 
sufficient to defend it from any attack that may be made upon it, either 
by the French or Indians separately or conjointly, as no early help can 
be had from any of his Majesty's settlements. Though we are willing 
and ready to do everj' thing within the compass of our Tower and ac- 
cording to the utnio t of our ability for the Protection and Defence of 
his Majesty's subjects of this and his other Governments against his 
Majesty's Enemies both French and Indians. 

We would further beg leave to observe to your Excellency That we 
think it highly necessary and expedient humbly to address his Majesty, 
shewing and setting forth the great advantage (we apprehend) it would 
be to his Majesty's Governments in North America, if his Majesty had a 
Fort & Garrison at Coos, and the inability of his Majesty's subjects of this 
Province to bear the Burden thereof. 

Sent l)y Coll. Gillman & Docf March in the afternoon. 

In Council December the Il"» 17r>4. 

The foregoing Address read & ordered that the Sec-^ in the nanie & the 
behalf of the Council sign tlie same. 

Theodore Atkinson. Sec>'. 
Province of } 

New Ilamp-^ 5 I^ec. 11"' 17.'')4. 

In the name and by order of the house of Kepresentatives 

Meschech AVeare 
.Speaker. 

Post Meridiem, 
[i*. 474.] The Se<3retary bro't into the House ;i written iiiessage 
iVoin his Excellency. 

Governor's 3l€ssage. 
[Copied from MS. Gov" Messages, Vol. II, pp. 1(;5-I72.J 

Mr. Speaker & 
Gentlemen of the Assemhhj 

In my Speech to both Houses at th-^ opening of this Session, I thought 
it my duty- to confine myself to his Majesty's commands only, and as they 
deserved your first attention, I thought it most for Majestys service, to 
defer all other matters necessary for your consideration, until 1 had your 
answer to what I therein so earnestly & seriously recommended. 

I shall direct the Secretary to lay before you the proceedings of the 
Commissioners I sent to Albany, that you may perfect Avhat is necessary 
for you to do on your part. 

I shall also direct the Secretary to Lay bt^fore you the transactions of 
the Commissioners I sent to Falmouth. 

I have had a severe reprimand from the Right Hon'''" the Lords Com- 
missioners for Trade & Plantations, fur not transmitting the Treasury ac. 
couQts siuee the year 1744. You are ali sensible that you have taken up 



'>2(> PIIUVINCE Ur .NKW-IIA.Mr.SIllKE. [1754. 

oil you the iiuditiiig ami Exaiiiiiihiy of these accounts, auil that Comii)i.t- 
tees have been eveiy Session appointed for that service, but tluit to this 
day the l)allanccs liave not been transfered, nor the accounts fully adjust- 
ed, for which reason the Treasurer cannot deliver me fair copys to trans- 
mit, I hope you will forthwith remove the Impediments that have been the 
occasion of tliis unrcasoualjle delaj\ Tlie Treasurer informs nie that the 
Committee lor making" sale of sundry stores that were reni'ining of the 
Canada Expedition have not paid the money those stores sold for into the 
Treasury, as was directed & as that money cannot be made use of in any 
other Avay than for sinking part of the £GU,U0O Emitted for ihe service 
of that I'^xpedition, I must desire that care be taken to have it placed 
agreeable to your Acts. 

The periods for calling in it sinking the £25,000 loan being arrived, 1 
shall order a state of that loan to be prepared, & the respective sums for 
each appropriation properly placed to avoid udstakes hereafter, which I 
shall direct the proper officer to lay before the Generall Assembly. 

In the late act of rarliameut for regulating paper money in the four New 
England (rovernmeuts, there is a clause providing for the calling in & 
sinking all loans, agreeable to the Acts of Government for Issuing the 
same, and that where there is any delicieucy in the Securitys the sums de- 
ficient shall be made good by an adequate tax on the Tolls & Estates of 
the Inhabitants I have often pressed the Assemljlys ever since I ar- 
rived in my Goveimnent to enquire into the State of the £15,000 loan, & I 
now repeat it to you, and if there appears a deliciency in the Securitys af- 
ter this Enquiry is made, j'ou must conform to the Act of Parliari^ent & 
the provisions therein made for that piu'pose, but in case it appears that 
the securitys taken are sufficient, then it is incumbent on you to make a 
final settlement of this loan, which has been so long outstanding. 

The little regard you paid lo the Earl of lloldernesst's letter to me in 
your last sessions, obliges me to put you in mind once more of the arms & 
military stores therein referr'd to, whicli I had the Kings Commands to 
deliver to Governor Shirley (a). 

(a) [Tlie following is the letter referred to, which the Editor found in 
Book 1, Trov. Kec, p. I'CO.] 

V\'hitehall. I'S Jnne 175o. 
SiK— 

I am to acquiiint you tliat it is the Kings pleasure that the arms and mil- 
itar.v stores, which were made u.so of upon the intended P^xpedition, 
against Canada, and which were returned by his IVIajesty's order, when 
the Troops were dismissal that service, and. are now lying in the Province 
of New ilampsliire, under your care, should be forthwith transmitted to 
Gov" Shirley at ]\Iassachusetts Bay, to be ready for such services as his 
.Majesty shall hei'cafter be i)leascd to direct. 

1 am Sir, your most obedient, 
liiimlde servant 

IFoi.DF.UNKSSI';. 

Governor of New Iliimpshire. 

I have mentioned the dUilculties I am under for want of a rrovincial 
House, so often that I almost give up the point, altlio' i cannot avoid say- 
ing that I hive endurcti this Inconveniency n"itr tlurteen 3'ears, & tliat ev- 
ery year isas been attcndi'd with an extriiordina.ry expense. 1 must like- 
wise remind you tli.it, it was my desire, that some measures might i)e tak- 
en to open v1 repair flu- road from Town to the place where I reside that 
1 might with;)Ut the lest inconvenience attend on the Kings business with- 
out danger to my ]iersoii. which' with all the conveniencys I have been at 
the expenco of, I can.not with safety now^ do-; the lest that I might have 



iTr.rt.i JOUKXAL or THE HOUSE. 327 

expected from so reasonable a request, was to have given a reason for not 
complying Avith it; but when you take this matter again mider considera- 
tion you will find this road is as antient as the settlement of the rroviuc. 
& no reason could bo assigned for the neglect of it. 

As soon as the Muster IJolls for the Troops Employed for the safety & 
protection of the Frontiers are ready, 1 shall order them to be laid before 
you, & make no doubt but that you will discharge those Troops posted by 
me with the advice of his JNIajestys Council, with equal chearlulness, as 
those I posted by virtue of your own grants. 

When you have passed upon the public accounts whicli 1 shall direct the 
Treasurer to have in re:idiness for your Inspection, I hope you will make 
the necessary provision for the coming year, having regard to the Emer- 
gencys of tlie Government, which the safety of our exposed Frontiers will 
demand & require. 

The Intelligence I have had that at least a hundred Indians have passed 
the Lake late this Fall, makes it necessary for me at this time to call for 
your further assistance to enable me to give such protection & cover to the 
frontiers as their case may call for. 

I think it my duty to put you in mind, that in conformity to your Acts 
for issuing the bills of Credit for the Louisbourg ^^t Intended Kxi)ediLion 
to Canada, proper measures ought to be concerted 4'elative to those Emis- 
sions; to delay a thing of such importance to the Government maj' be ai- 
tended witli dangerous conseciuences to the public. 

It is a matter of great concern to me, that so many of his Majesty's 
subjects, as have been captivated l)y the Indians in the Summer that is 
passed, should remain in the hands of the French, where the young peo- 
ple are exposed to the craft of the IJomish clergy, and are in great dan- 
ger of being corrupted with th;' pernicious i)rinciples of the cliurch ot 
Rome, principles destructive of all Societys but their oAvn, & to be ai)- 
horred by every true Frotestant : I shall tiierelore be glad to unite witli 
you in any measures that may contribute to their redemption, not oniy 
for the sake of relieving so many of the Kings subjects out of cai)tivily, 
but that they may t)e rescued out of the hands of the Koiuish clergy; who 
are more assiduous in jiroselyting them to their religion, than any but 
those who have had the oivportuuity of seeing it, can conceive. 

When you en((uire into tlie acts lor settling mj^ sal.ir,y, you v.ill ob- 
serve that £'2'M proc'amation moneys was settled to be paid out of the 
Interest arising from the £2.">,000 loan, and that it was likewise settled 
on me during the continuan(;e of that act & my administration: in your 
last session I thought it proper to accpiaint you. that that act on 
which that part of my salary was made payable expired at Chrismius 
last, therefore I desired tliat you would provide a future fund for the pay- 
ment thereof; I)efore I Frorogued the General Assembly a naked vote 
came from the House granting £'J'>i) nc w tenor, as it is called, to be paid 
me in Lieu of £L'r>0 proclamation money, but as I did not esteem that 
grant any equivalent for that year, and not liaviu'z any consideration 
made for the years that are passed, 1 could l)y no means accept of it, I 
shall now, not only expect that you will make me a sutHcient grant for 
the same that is passed, but that j'ou provide a snllicieut fund for the 
time to come, and I reconnnend it to you not onl)' as your interest, but 
as your duty, to comply with the intention of the acts, it being the Kings 
pleasure in his general Instructions to me to say, that the salary lixed 
on me should be paid in Sterling or Froclamation money, whereby it 
should not be liable to variation, by tlie uncertain value in paper money. 
It was certainly at the time of lixing my salary (which was but a slender 
provision at that day) the mind of the then Assembly that there should 
be no variation in it, notwithstanding it arose from iwo different Funds; 
I must therefore hope for the Honor and Interest of the Government, 
you will not constrain me to mention this atfair again, is it will be alto- 
gether disagreeable to me. 



328 PROVINCE OF NEW-HAMPSHIRE. [1754. 

It appearing to me that if I liacl drawn out of the Trea.sury the Grant 
you made me of £2000 new Tenor, before the troops & servants of the 
Government were paid, there would be a great deticiency to make good 
all your grants, for which reason I deferred my grant until the above 
payments were made; after which there was not a sufficiency left in the 
Treasury to discharge the whole grant, neither is there as the Treasurer 
informs me at this time : Therefore I hope you will, upon adjusting the 
Treasurers accounts, enable him to discharge the grant with Honour. 

B. "Wextwoktii. 
Council Chamber 
in Portsmouth, December 
the 11"! 1754. 



Voted that Mr. Sjjcaker, Mr. Sherburne & Mr. Livermore be a 
Committee of this House to draw an answer to liis Excellencys 
message of this day. (a) 

(a) Sampson Sheatfe and Joseph Newmarch Esqs. appointed by the 
Council. • 



Thursday, Dec. 12"' 1754. 

Met according to adjournm^ 

Voted That the Committee for jiroviding Stores for the Inten- 
ded Expedition against Canada be ordered to lay before the Gen 
eral Asseml)ly as soon as may be a state and account of Avhat they 
sold ot said Stores and of the charges arising thereon. Sent up 
by Mr. Lovewell. [ConciuTed.] 

The Secretary bro't into the house a message from his Excel- 
lency, & A letter from Sr Thomas Robinson to his Excellency. 

[p. 475.] The house upon considering the Message of his Ex- 
cellency of this day I'elating to the Letter from Sir Thomas Rob- 
inson to his Excellency of the 26"' of Octo"" 1754, and of the s"* 
Letter which his Plxcellency layd before the house, thought it 
proper that there should be a Conference between the Council and 
the House upon the same and accordingly sent a message to the 
Council relating thereto and the Council answered that they 
would attend a Conference tomorrow morning. 

The House adjourned till tomorrow morning nine of the clock 
by order of the Speaker. 

[Copied from MS. Gov^ Messages, Vol. II, p. 173.] 

Portsmouth, Dec. l^t'i, 1754. 

The Inclosed Mess-age to both Houses being of great Importance, I lost 
DOt one moments time, after I had read over Sr Thomas Robinson's let- 
tor, in preparing it; as soon as the letter & Mess* have been read in Coun- 
cil, you arc to carry both to the Speaker, and desire that as soon as they 
have made the necessary use of the letter, it maybe lodged in your office. 



1754.] JOURNAL OF THE HOUSK. 320 

If I remember rightly in j-our minutes in Council you omit my being 
present, As I am allway.s present in Council while in the Province so I all- 
ways Expect that yon enter it accordingly. 

i am, Sir, your hum' Serv' 

B. Wkn'tworth. 
Coll. Atkinson. 

[Copied from MS. Gov'^ Messages. Vol. II, p. 175.] 

Gentlemen of the Council 
iC of the Assembly. 

His Majesty's C^ommands signifyed to nic in Sr Thomas Robinson's let- 
ter of the 2G"' of October last,(l) which I this moment received depend 
Intirely on the aid I am to receive from the General Ass.imbly, to carry 
into Execution, ol that you may be fully informed of his Majestvs Expec- 
tations from this Province I have directed the Secretary to l.iy the same 
before you, depending on its being lodged with the Secretary, as soon as 
you have informed yourselves of its contents, depending likewise that you 
will Immediately take every Paragraph of s'' letter under your considera- 
tion, & give me as full an answer to them & with as much dispatch as the 
nature & circumstances of the commands from liis Majesty aihnit of, and 
I must earnestly desire that you will not give the lest disappointment to 
his Majesty's Expectations from this Government, hoping you will rather 
exceed in duty than fall short in any one point. 
Council Chamber in Portsmouth, B. Wkntwohtii. 

Dec. 12"' 1754. 

[r. 476.] Pursuant to a motion made yosterday to have a Con 
ferenco with the Council upon the (ioven\oi's IMossaji^e of yester- 
day, a Conference was this day liad. 

Voted that the allowance for the Billetiiiij the soldiers emjiloyed 
the summer past for the protection of the Frontiers be one shil- 
ling and six jience new Tenor per day fi>r eac^h man. 

Voted That Mr. Speaker, Henry Sherburn jun. K<i[. Peter Gil- 
man Esq. Thomas IJell, Esq. and ^Matthew Livermore be a Com- 
mittee of this House to joyn with such as may be a])pointed by 
[i'. 477.] the Honourable the Council to examine into tiie state of 
the fifteen Thousand pound Loan and make Report thereof unto 
the General Assembly as soon as may be. (a) 

(a) Josiali Wiliard, Benjamin Bellow.s and John Gofte, each brought 
in a Muster Roll and made oath to it. 



Tuesday Dec 17'^ 1754. 
The Secretary brt)'t into the House the petition of Messrs Wil- 
iard, Ruth Labaree and James Johnsoji ami also two letters from 
Enos Bishop to tlie Rev'' Mr. Jedediah Jewett relative to himself 
and sundry other English prisoners in Canada. 

(') Sr Thomas Ilobiasoii'.s letter caunot now be found.— Ku. 



330 rJiOVINCE OF NEW-lIAMrSillKE. [1754. 

Letter from. JiJuos IJlsh'jj* to Rev. Je'l&dlah Jcmnll of lloidey^ 

Mass. 

[Copied I'roin F;inn. & Moore's Ilist. Coll., Vol. I. p. Gil.] 

Montreal, Oct. I'J, 1754. 

Rev. Sik — The raasou of my du'cctiug these lines to you is, because it 
seems most likely that thej- will sooner arrive to the hands of a person of 
your note than to any body else. liefore I proceed. I shall give you a 
short description of my captivity. Tluit day, Sir, in Aui^usfc last [the 15"'] 
that you left my house at Contoocook, I was taken by the Indians, and by 
them carried to St. Francois, where we arrived in thirteen days ; and 
after I had been with them ei2;ht weclcs, they sold me to a French gen- 
tleman for 300 livers, which sum must be paid "before I can be free — which 
looks somewhat difilcult to me. But I hope that I have some friend in liow- 
ley that will contribute part of that sum for my relief; and I shall take it 
as a favor of you if you will move a contribution in your parish. There 
will l)e no diliiculty in my redemption if the money be paid, and there is 
no difficulty in coining at any time in the year. In the winter people pass 
on the ice all the way to Allniny, excepting a few miles. 

Inform the people at Contoocook, that Meloon and his wife are sold to 
a French minister near Qnebeck, and his boy in this town, and his oldest 
girl is with the Indians: their youngest child, I believe, died at St. Fran- 
cois a month ago. Samuel Scribuer, who was taken at Bakerstown when 
I was, I hear is sold to the French at Chambly, about 12 miles from this 
place; and Robert Barber, taken at the same place, sold to a Frenchman 
about a nule from St. Francois. They all desire release. 

I can write no more at present, only to ask an interest in your prayers, 
and beg leave to subscribe myself. 

Your most obedient humble servant 

Exos Bisiioi'. 

X. 15. Caution the frontiens to b^ on their guard. If any person comes 
or sends for me, let them repair to Col. John Lydius of Albany for direc- 
tion. 



■Tariiei. Johnson— IT'i^ (.'opilrlty. 

[Copied from MS. Corr. Vol. II, p. 1(;5.] 

The Declaration of ,James Johnson an English Captive, returned from 
Canada: That he with liis wife an.d tliree children and three other per- 
sons were taken from Kumber Four on the ;]0'" day of August last b\' 
eleven of the St. Francis Indians and carr.ved to Crown Point fort, Avhere 
lie tan led three diiys, and from thence was caj-ried to St. John's fort at 
the North end of Lake Ciiamphiin, ;uifl from thence to the Indian settle- 
ment at St. Francis, and was by the captors sold to a French man at Mon- 
treal with whom he lived al)out six weeks : That according to the best 
information he coxUd get the mischief done upon the English frontiers the 
year past was done by the St. Francis Indians except that at Fort Halifax 
on Kennebeck L'iver. concerning which he had no certain information, he 
only heard tlicre were thuee prisoners and two scalps brought into Qne- 
beck from thence befo?e he came away from Canada. 

That the Indians who took him captive told him that they sent out eight 
Indians to Merrimack to Revenge the death of two Indians that iiad been 
killetl there; Eleven to Number four, because the English had set down 
upon lands there which they had not purchased; Twelve to Iloosuck to 
Revenge the death of an Indian killed at Albany by some negroes, and two 



1754.] JOUKNAL OF THE HOUSE. o'31 

to Stoek1n'iil«e, and tliat they iutcnded next Spring to drive the English 
ou Connecticut Hiver so lar as Deerlield; That while he was at Crown 
Point the Scaticook Indians about seventy-live men Avomen and children 
came in there and went aboard a vessell of the French King about seven- 
ty tuns which carried them to St. John's Fort and from thence they went 
to St. Francis where they Iiad an interview with those Indians and were 
by them received as part of tUeir own Natjou. 

That he counted in Crown Point fort twenty-three cannon none exceed- 
ing fyur pounders as he judged. Tlijit he did not count tlie men but he 
thinks they did not exceed forty or fifty ; That he vras upon the Eminence 
about forty or fifty rods from the fort, that he heard nothing of an\' new 
fortifications near the Fort; That while he was at Montreal he saw about 
twenty of tlie Six Nations Miiieh came into that cit,v to hold a conference 
with the (Jovernour. Tluit the conference was publick, that he was in- 
formed i)y several that the Business of the Indians was to let the Ooveru- 
or know that they had agreed to a Neutrality both as to French & English, 
and that as he saw the Indians passing through the city he said to a 
French gentleman whom he saw there and who he was told was the third 
man in the city, tliere are some of our Ind ans, they are English Mo- 
hawks; wliereupon the gentleman Keply'd in English, they are not Eng- 
lish, nor are they French, tliey are neither one nor t'other. 

That he lefc Montreal about tiie IS'-'' November last having borrowed 
three hundred livers there to pnrcliase his freedom; that he gave his Pa- 
role for the payment of tlie, money and left his wife and children behind. 

He further savs, That he observed men actually passing down the River 
St. Lawrence ten or fifteen at a time to Kendezvous at Qnebeck, that he 
was told by an English man v.-ho was a soldier at Crown Point tliat there 
were four hundred l'\vnch and one hundred Indians going to take the new 
English fort al)out ninety miles as tiiey said from Quebec, that he was in- 
formed they had been sending men all summer to tiie southward to the 
number of four or five thousantl and that he saw them fiequently passing 
that way in small liodys; That he did not hear of any Frencli men of war 
being arrived at (Quebec, but iK'ard that one with a!l the men were lost 
in the liiver St. Lawrence. 
Province of Mass" Lay 
December 10, 1754. Ja.mks Jouxsc^n. 

James Johnson subscribed the foregoing Declaration and made oath to 
the truth thereof before his Excellency the Governor and his Maj^'sty's 
Council for the Province aforesaid — Attest 

J. Willavd. 
Cop.v Examin'd pr Thomas Clarke, Dep-v Se2>'. 
Copy Exam'd pr. Matthew Livermore, 

Clerk of the House of Kepresentatives. 



JF*ass2)(>rt of the (jroi'cmorof Montreal to Jmnei^ Johniio)}^ to gj 

to Albany.- 

[Copied from MS. Corr. Vol. 11, p. Wd.] 
CiiAiiLEs, Baron of Loniiuevi!, Knight of the Koyal and Military order 

of St. Louis, Governour of the City and Government of Moiitreal, We 

permit unto the Bearer of this license an English man l)y Nation to go to 

Albany, there to attend his own art'airs : 

We command all Gentl;;men Commanders of any Postes or stations 

wlieresoever he shall i)ass to take care that lio harm or hindrance he done 

to him either on the part of the French or Indians. 

Given and done at Montreal tJie ll''i day of November 175-!. / 

LOXGUEVIL. 



332 PROV^INCE OF NE\V-IL\MPSHIRE. [1754. 

|c„„7l The Gentlemen commanders of any post or Station wherever the 
I "_} s'^ Englishman shall pass, in case thp Indians leave him, shall fur- 
nish and provide for him b}' paying two French men to conduct him to 
the lands of the English. (!) 

LON'Gl'KVH.. 



Wednesday, DeC 18"' 1754. 
Ans'tcer to the Gov" Message of the ll"* Inst. 

May it plea ar your Excellency 

Having in conjunction with his Majesty's Council after mature consid- 
eration given aa answer to the very important matters recommended in 
your Excelleucys speech to both houses, of j'^ lifth Instant, We immedi- 
ately took under consideration the several things recommended in your 
message of the eleventh Instant, and assure your Excellency of our Keady 
Disposition and hearty Desire to do every thing with regard to the several 
matters laid before us that may be for his Majesty's Honour and tend to 
llecommend us to his favour, for your Excellencys comfort and satisfac- 
tion and the general good of all we Represent : But we must say that at 
present we are entirely at a Eoss, which way we shall make provision so 
as to answer these ends, such ditticultys we lind in the way & such per- 
plexitys attending our publick affairs — among which we look upon the 
Treasurers accounts not being settled as one and think we cannot proceed 
W'ith any propriety in judging what provision is necessary or in what 
manner it may be nuide for answering all or any of the matters recom- 
mended by your Excellency which depend upon a supply of money, untill 
these accounts are fully settled and the state of the Government as to that 
fully known — a thing we assure your Excellency we look upon it to be of 
great Importance to the Government and which we have been very desir- 
ous of seeing accomplished, and cannot charge ourselves with the least 
[p. 480.] neglect on our part that it is not done. 

There have been from time to time according to the constant usage 
and practice of the government Committees of both houses appointed 
.{we have not taken it upon ourselves) to examine and audit the Treasur- 
ers accounts who have with great care & assiduitj', according to the time 
allowed them, applyed themselves to the examination of the accounts and 
to have this matter finished, but such hath been the length and perplexed 
state of these accounts, their not being conformed to the acts and votes 
of the General Assembly, their not being generally laid before the General 
Assembly till towards the latter end of a session, with many other diffi- 
cultys, have hitherto prevented it. 

We shall now Immediately- give all the attention we can to accomplish 
a full settlement of these accounts which have not been laid before us till 
this morning, though ^ve have been sitting more than a fortnight, that we 
may the better act in o'her matters. 

Voted, That the foregoing be sent unto his Excellency :ia an 
answer unto his message of tlie Eleventh Instant unto the house 
of Representatives. Sent by ]Mr. Knight. 

The house then adjourned till three of the eloek in the afternoon 
by order of the Sj)eaker. 

(I) Note— The forcgciing was transliited from the French and a copy taken by Mat- 
Ahew l.ivermore. Clerk of the House of Representatives.— Ei>. 



1754.] JOURNAL OF THE HOUSE. 333 

Thursday Dec^ 19"' 1754, 

Met accordini^ to luljourmnont. 

[p. 481.] Whereas the condition and eircuinstauces of the Prov- 
incial Goal ajipeav to l)e such that it is not convenient eitlier for 
criminals or debtors, and uidess something is soon done by Repair- 
ing the same it may be ot pernicious consequence xmto the (tov 
ernment Wherefore Voted, That Peter Oilman Esq., and Mat- 
thew Livermore be a Committee of this house to joyn with such as 
shall be appointed by the Honourable the Council, to repair the 
said Goal in such way and manner as they shall judge necessary, — 
also, to make any addition or additions to the said Goal as by them 
shall l)e thought pro])er ; Also to purchase any ])arcel or sjjot of 
ground or land convenient for a garden or for any other accomo- 
dations for said (^oal an<l to dig a well in foi- sai<I Goal, and to dig 
& finish said well, and that the sai<l Committee be and are heieby 
appointed Trustees tor sai<l Province, to take the Deed or Deeds 
of the land they shall ])urchase i)ursuant to tliis vote, in their 
Names as Trustees for said Province and that they draw out of the 
money that is or may be in tlie Treasury not exceeding what re- 
mains appropriated to and for the Prison, and tliat they proceed 
upon the said Business as soon as may be, and that tliey render 
an account of tiieir j)roceedings tlierein unto the General Assem- 
bly from time to time as tliere may be opportunity. Sent uj) 20'" 
by Deacon Tuck. [Concurred. 1 

The House adjournd till three of the clock in the afternoon bv 
order of the Speaker. 

Post Merediem. 

Met according to adjournment. 

Whereas a representation hath been made to the Genei'al As- 
[p. 482.] sembly That James Johnson his wife and four children. 
Peter Labaree, Ebenezer Farnswortli, Miriam Willard, Nath' Me- 
loon his wife and three children, Robert Barber, Samuel Scribner 
and Enos IJishoj) were the summer past captivated by some of the 
St. Francois Indians and are now in the hands of the French & In 
dians, And a})plication having been made for some assistance 
towards their redemjition, 

Therefore Voted that there be and liereby is granted the sum of 
one hundred & fifty Pounds sterling money of Great liiitain 
towards the Redemption of the jjcrsons above mentioned. An<l that 
Mr. S[)eaker and Henry Sherburne jun. Esq. be a Committee of 
this house to joyn with such as may be appointed by the Hon- 
ourable the Council to draw a Bill or Bills on Jolm Thondinson 
Esq. agent for this Province at the Court of Great Britain for said 
sum to be paid out of the Interest of the money belonging unto 
this government in his hands to be made use of by them for the 
end and pur[»ose aforesaid, namely, for the redemption of tlie whole 



^334 PROVIKCE OF KEW-KAMPSHIEE. [1754. 

number or ])art of the said persons in the host way ;iiul iiuiinier 
tliey can. (a.) 

Sent up I'D'"" by Deacon Tuck. 

(a) Sent back to the house, by the Council, with a written vote thereon for 
^uignienting the said sum & altering the methotl proposed in the s" vote 
/ tor procuriuii; the captives — Jour. C. & Assni. 

\yiiereas tliere is an imniecliate necessity of tlie sum of one 
•Imndred and fifty pounds Sterling to be used and employ'd tovrards 
the Redemption of a number of persons now in Captivity among 
the French and Indians and wliereas a vote has been past in this 
Jiouse this day for tlie drawing on Joliii Tliomlinson Esq. agent 
[r. 483.] for this Province at the Court of Great I^ritahi for said 
smn out of the Interest of tiie money belonging unto this Govern- 
ment in liis hands : Therefore Voted that there be a tax laid on 
tlie Polls and Estates within this Province of the sum of foin- hun- 
dred arid fifty pounds new tenor bills of credit on this Province to 
be paid by the last day of December one tliousand seven hundred 
and fii'ty seven, in order to sink so much of the bills of Credit 
emitted l)y this govermnent for the intended E.\'])edition against 
Canada, and that an act be drawn uj» accordingly. (a) Sent up 20"' 
by Deacon Tuck. 

(a) Joseph BlanchiU'd Esq. bro't into the house a Muster Koll. and made 
oath unto the truth of the same. 



[n. 488.] Thursday January 2'^ 17.55. 

The Secretary bro't into the House a letter from Goa'' Shirley to 
Gov'' Wentworth, a vote of the Gen' Assejnbly of the Massaclui- 
setts Bay relating to the liede'eming y" Ca])tives at Canada, & a 
Message from his Excellency to the Council & Assembly relative 
thereto ; also a message from his Excellency relative to the prison 
& the report of Jeremiah Libby and Nath' Meserve Esc]. concern- 
in o- the Prison. 



Letter frorii Gov'' /S/iirlei/ to Gov^ Woitirortlt. 

[Copied from Prov. Eec. B. I. p. 2G5.] 
Siu — Tlie Assembly of this Province havint;; been apprised of some 
measures your Excellency's Government arc takiuiifor the lledemption of 
such persons taken by the Indians and carrieil prisoners into Canada, as 
belong to your Province, arc desirous to join with you in this aSair, that 
some expense may be saved to both governments by employing one and 
the same person to transact this business a tCanada, have judged Capt. 
Phineas Stevens (1) (^one of your own {/over nine nt) to he a 2)vopcr person to 

(1) Sec notice of Capt. Phineas Stevens, in narnitive ol' INIrs. Joliuson's ciiptiritv, 
Jl^arm. ^f Moore, fliit. Cell. Vol. I. pp. 1S2-1S9. 



UrA.'] .TOUHXAL OF THE HOUSE. ooi) 

be employed in this sercice, and the Council and House of IJeprescntatives 
have desired nie to write to your Excellency on this subject, as you will 
see by the Inclosed copy of their vote : Your Excellency will therefore be 
pleased to let nie have your answer as soon as may be that so the matter 
may l)e fully agreed upon I^elbre our General Assembly rises : I am with 
A'l'eat re.ijard, Sir. 

Your Excellencys most Humble 

And most obedient servant 

W. Siimr.KY. 
His Excellency Bennins: "Wentworth, Esq. 
Indorsed-" Gov''. Shirleys letter — 
1751, ab't redemption of 
Captives." 



J^'ote of the General ^issonhJij of Mctssac/ixmettii. 

[Copied from Pro v. Kec, B. I, p. 280.] 

Inasmuch as snudrj- persons ))elon,ijing to this rrovince, some of whom 
were soldiers and taken from the fort on Kennebeck Jliver, are now in 
captivity at Canada, — and as this Court have been inform'd that there are 
also divers persons in captivity at Canada belonging to the Govern- 
ment of New Hampshire. — Therefore, 

Voted That his Excellency the Captain General be desired, as soon as 
may be, to write to tiie Governour of New Ilamiishire, infornung him, that 
this Court propose to employ CapL" I'hineas Stevens of Xo. 4, to go to 
Canada redeem the captives belonging to this Government: Provided the 
Government of Xew Hampshire will also em])loy him, and pay a propor- 
tionable part of the expencc of his journey, according to the number he 
shall recover from their captivity for the respective Governments. 

Sent up for concurrence 

T. Hubbard, Spk''. 
In Council, Decern'' 27. 175-1, Ifead & concurr'd. 

Tho" Clarke. Dep.^' Sec*'. 
A true copy — attest J. Willard, Scc>. 



3Iessaf/e of (JovcDior Wenhroi-t/i, relcttim/ to Captives. 
[Copied from MS. Gov''^ Messages. Vol. if, ].. is:;.] 

Province of 
New Hampshire. 

Gentlemen of the (.'uitin-i/ 
it of the Assembhi 

1 have directed the Secretary to lay before you a letter J received from 
Governor Shirley, together Avith a vote of the House of Kepresentatives 
in his Government, of the 27''' Instant, concurrd the same day by the 
Council, both which I received by an Express last night. 

When you have duly considered the Import of the Governors letter, & 
of the House of Kepresentatives vote, & can be satisfied that the method 
therein proposed for the redemption of the persons in Captivity belonging 
to this Province will be a saveing to the Government, I hope you will 
make the dispatch necessary on this occasion. 

The Government of the Massachusetts having experienced the charges 
of redeeming their Captives bj- the hands of the Dutch traders at Albany, 



336 PROVINCE OF NEW-IIAMPSHIKE. [17r)4. 

& by tlie hands of private persons & tindini;: the redemption of captives is 
more certain & attended with less expence, when put into the hands of 
their own messengers, than when conducted oy tlie traders at Albany who 
have frecjuently, according to my information omitted the redemption of 
some, because they were obliged to pay the French or Indians from whom 
they purciuised them near the value allowed by the Government, & I am 
apprehensive this has Led the Massachusetts tiovermnent into the pres- 
ent measures tliey are now now i)ursuing. 

B. Wkxtwohth. 
Council Cliaml)cr in 
Portsmouth, December SO"' 1751. 



Message of Governo)' Wentworth relathig to theI*rison. 

[Copied from MS. Gov'« Messages, Vol. II, p. 179.] 

Province of 
New Hampshire 

(4entUmv)i of the 
Council it of the Asscinhl;/ 

The Kings Attorney General having on the 27"^'' Instant, represented to 
me the insufficiency of his Majesty's Goal, I Immediately toolt the same 
under my consideration and appointed two persons well skilled in timber 
worlc, & repairing wooden buildings, to make a critical examination into 
the state of tlic prison, & to report to me what repairs would be necessa- 
ry to make the prison secure for the present, untill a new one could be 
bull*--, v^hich report you will herewith have laid before you & which I ap- 
prove for the present necessity.(l) 

B. Wkxtworth. 
Council Chamber 
in Portsmouth, Dec' ;J0''' 
J 75 1. 

Tlie Iloust' adjouriKl to three oi" the clock V. 31. 

[p. 489.] Voted That the followino- be sent to his E.vcelleney 
lis an answer to his Message of y'' 30"' of Dec"" last relative to the 
Captives at Canada, vir,. 

Ma>j it please I/O tir Excdlenct/, 

The House have considered of your Exoellencys Message of y^ 30"' day 
of Dec'' last relative to the letter from Governor Shirley to your Excellen- 
cy, and the vote of the House of Kepresentatives and Council of the Prov- 
ince of the Massachusetts Bay of y*^ 27"' of Dec'' aforC* referr'd unto in 
your Excellency's said message, and having on the 10"' day of Dec*' 
afores'd passed a vote for the redemption of the Captives therein men- 
tioned, in the hands of the French and Indians, whicJi vote Avas sent up to 
the Honorable the Council the 20"' of DeC afores''. They cannot see 
then* way clear to come into any otlier measures for Redeeming the said 
C/aptives. 

Sent the 3'^ by Mess''" ( ridding" it Stevens. 

(;) The K'Ji)ort oC.Jcreniiiili I.il)br'y aii'i Nallil. Me^oi\ e above i-orcnod lo, cannot now 
l)e found.— P.n. 



]75o.] JOUllNAL OF THE HOUSE. 33 < 

Voted Tluit the following- he sent unto his Excelieiicy as an an- 
swer unto his Excellency's message of the tliiityetli day of Decem- 
ber, 1754, relative to the state and condition of tlie provincial 
Goal. 

May it please ijour Excellency 

Tbe House have consiclercd of your Excelleucys Message of the thirty- 
eth day of December last rehitive to the .State and condition of the Tro- 
vinciai Goal and they having passed a vote of the twenty-lifth of April last 
[p. 41)0.] appointing a committee of this house to joyu with such as might 
be appointed by tlie Honourable the Council to make such Keparatious to 
said Goal, ^tc. as they should judge proper, wliich vote was sent up to the 
Council on the same twentj'-flfth of April aforesaid in consequence of 
which Vote nothing having Ijeen done, and the House since this session 
being informed that the said Goal was not lit either for criminals or Debt- 
ors, They on the nineteenth day of December last passed a vote appoint- 
ing a Committee of this House to joyu with such as might be appointeil 
by the Honourable tlie Council to make such Reparation &c. to said Goal 
as they might judge proper, which vote last mentioned was sent up to the 
Honourable the Council the twentyeth day of December aforesaid, and 
are of opinion that it will be best and most for the Benefit and advan- 
tage of the Government that the said vote last mentioned be pursued and 
acted upon, (a) 

(a) Daniel Teirce Esq. appointed Ilecorder of Deeds and Conveyances, 
for one j'car — p. 400. 

(b) Matthew Livermore, a Committee, on the part of the House, to 
farm out the Excise, for one yeai— p. 4!>'_'. 



[i-. 492.] Saturday January 4'-' 17.').'>. 

The Secretary came into the House with the message of thi.s 
House to liis Excellency relative to tlie captives at Canada and 
said that the Governor and Council were of oidnion it would be 
better to agree with some person to go to Canada than to j)rocc'ed 
in the method already voted and agreed upon by the House. 

The Secretary bro't into the House the vote of this house of y*" 
19"^ of Dec"' last relative to the captives in Canada with the vote of 
[p. 493.] Council thereon — which vote of Council was read and 
non concurred, and farther Voted y' the house adliere to their for 
mer vote. Sent back by Mess" Page &, Stevens. 

The Bill for granthig his ^Majesty the sum of £1.100 being read, 
Voted y' it pass to be enacted, and sent up bv Capt. Gilman and 
Dr. March, (a) 

(a) Jan. 0, 1755. Muster KoUs allowed, &c. 
Of llobert Kimball for himself & nine men, 
of Joseph Kimball for himself & nine men, 
of Ezekiel Sanborn for himself & nine men, 
of Thomas Lucas for himself & five men, 
of Col. Peter Gilman for billeting Scouts, 
of John Webster for himself & nineteen men, 



£14: 


;15: 





14; 


:11: 


2 


14: 


15: 





16: 


5: 





'_>9: 


12: 


G 


100 ; 


i5 : 


1 



338 PROVINCE OF NEW-HAMPSHIRE. [17oi 

of Jonatliiin Evans for himself & six men, 

of Joseph Bickford for himself & seven men, 

of John Odlin for himself & thirty ti'oopers, 

of Jonathan Greeley for himself & twenty troopers, 

of Major Gofle, Ma]. Bellows & Coll. Willards, 

of Coil. Blanchard, for his trouble in Recs & paying ye 

money & making up the muster Rolls, 10 : : 

To James Osgood, allowed for subsisting & nursing 

Samuel Houston, a sick soldier, ."> •.2:6 

To Col. Jos. Willard, for an express sending home AVm. 

Stevens a sick soldier, his ace' in full. 7:0:0 



18: 


5 ; 


: 6 


l[t: 


18: 


: 8 


42: 


5 : 


10 1 


60: 


1: 


8 


1096 : 


5 : 






(b) Allowed for Trouble in making up muster Rolls. 

Capt. John Odlin, £0:7:6 Ezekiel Sanborn, 0:5:0 

'• John Greeley 0:7:6 Robert Kyniball, 0:5:0 

'■ John Webster 0:7:0 Jonathan Evans 0:5:0 

•' Joseph Bickford : 5 : Tliomas Lucas 0:5:0 

'• Joseph Kymball, 0:5:0 Total £2 : 12 :0. 

[Concurred by Council.] 



[y. 496.] Tuesday, Jan-^ 7"' l7o6. 

Whereas tliere is great reason to susi)ect y' many Counterfeit 
liills are passing made in Imitation of the true IJills of Credit of 
this Province, 

Voted That all Justices of the Peace and other proper officers 
within this Province be dii-ected and tliey are liereby directed to 
jnake diligent search and enquiry after all persons suspected to be 
concerned in counterfeiting or altering any siwh counterfeit Bills 
[r. 497.] knowing them to be such and use their utmost endeavors 
to have the guilty brought to condign punishment, and for the 
encouragement of all 2>i"oper officers to be obedient and industrious 
to discover the authors of so pernicious a practice, It is further 
Voted, That the necessary charge and expence tliey may be at 
shall be defrayed out of the publick Treasury provided that no per- 
son of ability shall be so convicted as to be subjected to pay the 
costs, (a) 

Sent up by Mr. Mcmurphy y" 8"'. 

(a) Capt John Light allowed, for apprehentling William 

Bowen £64 : 6 : 

John Green allowed for apprehending Eliphas Dow, 8 : 12 : 

Jon. Thompson allowed for apprehending Jeremiah Tibljets, 7 : 10 : 

Hezekiah Jennes, for Express to Dunstable, ?> : 0: 

(b) Accompt of AVilliam Parker Esq. for revising J/aws &c. 

allowed iM : 0: 

•' of Thomas Packer, Sherift", relating to rescue of 

Bowen, 7 : 10 : 

(c) Accompt of Com's to treat with Indians at Albany allowed 

" of Com" to treat with Indians at Casco, allowed 
•' of Eleazer Russell, for paper, books, &c. allowed 

[Concurred by Council.] 



187: 


0: 





43: 


3: 


6 


0: 


12: 


10 



1755.] JOURNAL OF THE HOUSE. oSO 

Wednesday afternoon Jan-^ 8, IToo. 

Met according to adjournment. 

Whereas Elisha Sweat, Sani^ Fifield & Benjamin Stevens agenis 
for the Proprietors of the Town of Kingstown have Petitioned the 
General Assembly of this Province to lend them the sum of one 
hundred pounds Sterg. money to Enable them to carry on a suit 
before his Maj'^ in Council now depending there between Nath' 
French & Thos. Follingsby ifec. & signified in y*' Petition that 
they are ready to give Security for y'^ Kepaym' thereof as the Gen. 
Assemb. shall please to order, 

Voted That tlie i)rayer of the Petition l)e granted & That the 
Honb. Theod. Atkinson, llich'^ Wil^ird Meshech WeaiT, Esqs. t% 
Henry Sherburne jun. be and hereby are ap])ointed a Com''", they 
or tlie major ]iart of them to draw a IJill in fa^ or of the petition- 
ers on John Thomlinson Esq. agent for this Prov. at tlie Court of 
Great Britain for the sum of one hundred ]iounds Stei" of the In- 
terest in the hands of the said John Thomlinst)n, Esq. Iielonging 
to this Government, & y' Elisha Sweat, Samuel Fifield & Benj^ 
Stevens the petitioners give good security inito y*' s'^ Com''" for the 
payment of the sum of three hundred jiounds Bills of Credit new 
Ten'' on this Province within one }ear from y'" date of s'^ l>ill to be 
by them Drawn as afores'' with six pr cent Interest in like liills tfe 
that the s*^ Com'*'" put y"^ s'' principal & In' when liec'' into y* 
Treasury of y'' Province (taking a llceeipt for the same) &' that 
the same be burnt to ashes in the face of the Gen. Assemb. in or 
der to sink so much of y*^ s'' Bills of Credit of this I*ro^'. emitted 
for carrying on the intended ICxpedition against Canada. Sent u]t 
y'' 9"^ by Capt. Gill man. [Concurred.] 

Message frovi the (rovenioi' rdat'utfj to Jxstlces of the Siqyerlor 

Court. 

[Copied from MS. Gov's Messages. VoI. II, p. 18."..] 

Province of 

New Hampshire 

Mr. Speaker & Gentlemen of the Aaspmhly — 

Upon the resignation of tlie late Chief Justice, ( 1 ) ilurinf;: whose admini.s- 
tration that Court was fallen into great disorder, and hy repeated delays 
the course of Justice was in a manner put a stop to, for remedying 
thereof, I prevailed on the Ilon'Jie Theodore Atkinson, Esij. to accept of 
a Commission fer Chief Justice, & upon his acceptance, the other three 
Justices (who were upon the point of resigning) accepted allso, upon cor- 
ditiou that as soon as the matters then depending, & that had laid so much 
heyoud the usual time, were put in order, they might have leave to resigH, 
without Incurring my displeasure ; which I thought it my duty both to 
his Majesty & his subjects to consent to, adding this condition, That if at 
the next sitting of the General Assembly proper provision was not made 
for supporting the Dignity of that Court, I could have no objectiou. Up- 
on this promise I received a letter signed by the Chief Justice & two of 
the other Justices, wliich you will have herewith delivered to yo'.J. 

(1) Hon. Ellis Iluskc, was Chief Juetice from 1719 to 17.54.— Ed. 



340 PROVINCE Oi" NEW-HAMPSHIRE. [1755. 

Knowing how interesting it was to liis Majesty's subjects to have tliis 
Court tilled with persons whose integrity & usefulness could not be ques- 
tioned, I liave taken care accordingly in my appointment, & I would in tlie 
most serious manner recommend it to you, that it may be your care, that 
a salary be fixed on tlie Chief Justice and the other Justices to enable 
them to support the Dignity of a Court, in which both tlie lives & fortunes 
of all his Majesty's subjects center; otlierwise this Court must fall 
through, or persons unequal to the Station must supplj- the vacancys, 
which upon any neglect of yours in what I have recommended, must hap- 
pen. 

B. Wextworth. 
Council Chamber in 
Portsmouth, Jan>' ts"' 1755. 

[p. 501.] Joseph Blandiard Esq. laying liIs account before the 
house relatino- to tlie extra expenses on y^ soldiers sent y" suniiner 
last to Mevryniack and Connecticut River amounting to the snni 
of twenty-two pounds three shilling & six pence new ten' Voted 
That it be allowed and paid out of y*" money in the Treasury for 
that end, the ammunition mentioned in s'* acct being allowed in the 
muster Rolls. Sent up Saturday 11"' Jau-^' 17.">,">. [ConciuTed.] 

Col. llUiiu-Jiard to Ciovemor 'Wentioortk. 

TCopied from MS. Gov-* Messages, Vol. II, p. 191.] 
Tlie total of the wages of the Troops posted on Merrimack Jiiver. 1754, 
■ tor 39t5 davs, wages ^391 : 17 : 11 

Billeting, at Is, 3d. pr day -46 -. W: '1 

£6.38 : : L' 

-Deduct from each officer & soldier in the above muster role \ 

the wages & Billeting charged after ye 7'^^ of November 5 £509 : 1) : 2 
Allowance for ammunition — 1;>:1-': 6 

£585 : 1 : 6 

The total of the niuster-rool of the Troops under Maj^' Bellows : 

On Connecticut River, 1754, AVages, £174 : 19 : 

Billeting 1751 days, at l-iW 109 :^t^» 

£284: 3: 9 
Deduct from each officer & soldier in the above muster-rooi, \ 
wages & billeting after the 9'" of NoV, 288 days, 5 £-7= ^= - 

Total, £256:14: 7 
Amuirition 



7: 0: 



£263:14: 7 

4 

The total of the :^Iu.-ter-rool under Col. Josiah Willard on Connecticut 

river, total of wages "^lao ' i \ ' n 

Subsistauce 1659 days, at l-3(? pr day 10.^ : i-'> •' -^ 

£268:19: 9 



1755.J JOURNAL OF THE HOUSE. 341 

Deduct from each officer & souldier in the above nnistor- 

rool the wages & billeting, after y* O^h of Nov. 234 da.vs £37 : 12 : 



Amunitiou 

(This njiscast at loss Us) 

Amunition delivered more than allowed to the soldiers 
Besides the several quantities many of the soldiers supply'd 
themselves with, 

Deduction from y" first vote of the House for subsistauce 
1-3 d pr. day, 

Deduction bro't over 



All exclusive of the charges for subsistauce in marching the 
men to their several posts— which ace'-' now lye before the 
Gen' Assembly. 

3/a.y it please your ExceUenr'j — 

The af<jregoing I extracted from tlie votes of y« Assembly passed on y'^ 
muster-rools & the subductions as tliey stated them, in which we are at 
loss besides much time & expense, £242 : 12 : .">. N. Ten^, in which yov.r 
Excellency's Interposition is most humbly solicited for Kelief of .v'" Troops, 
by your Excellency's most Dutifull & most obed' serv' 

Josepli Blanchard. 
Ilis Excellency B. Wkntwouth, Gov»' &c. 



£231 : 
G: 


7: 

7: 






£237 : 


14: 


'J 


£17: 

£:)1 : 


2 : 
8: 





£108: 
134: 


11: 
1: 


3 

2 


1242 : 


:12: 


5 



[p. 502.] Wednesday, Jan-^' 15"' 1755. 

Whereas there is an absoUitc necessity of raisinsjf a larG^e sum ot 
money for the defence of the Frontiers of tliis Province against 
the Common Enemy and carrying his Majestys orders connnunicat- 
ed by Sir Thomas Robinson's Letter (1) to liis Excellency the Cov^ 
ernor nito, ExQcntion, and whereas the Building or i)urchasing ;i 
Provincial House for his Plxcellency the Governor to dwell in will 
be of pnblic Benefit, 

Voted, That there be a Tax of one Penny })er acre laid ttpon all 
[p. 503.] the lands within this Province that are granted or laid 
out into townships or otherwise Improved or nnimjtroved for two 
years to be applyed to and for the uses aforesaid as the General 
Assembly shall order, and to be collected in such way and man- 
ner as the General Assembly may agree upon, and that Henry 
Sherburn jun'' and John Page Esq. be a Committee of this house 
to joyn with such as may be appointed by the Hon''''' the Council 
to draw up an act accordingly ; — and further. Voted That when a 
suitable act has passed all the three Bi-anches for the ends afores"* 

(1) Sir Thomas Kobint-on's letter not foiuul.— Ed. 



342 PROVINCE OF NEW-HAMPSHIRE. [1755. 

that then sucli f^unis <^)f money as may l)e wanted for present emer- 
geticies be borrowed on the Credit of the aforementioned Fnnd. 
Sent np by Mr. Wig.H'in. [Non-concurred.] 



Fry day Jan-^ 17"' ITo^j. 

Wlierea-s it appears to this Ilonse that it A\'ill be of great Benefit 
and advantage to the Inhabitants of this Province, if this Province 
svas divided and made into Countys, Therefore Voted, tliat this 
Province 1)e divided and made into two Countys, and that the 
dividing line between tlie said two Countys shall be the River Mer- 
rimack, and the County lying to the Eastward of Merrymack 
River shall be called the County of Portsmouth, and that the 
County lying to the westward of Merrimack River afores'^ shall be 
called the County of Cumberland. And that the shire town in the 
said County of Portsmouth shall be the town of Portsmouth. And 
that there shall be held and kei)t at the town of Portsmouth af ores'* 
Two Courts of Gen^ Sessions of the Peace and two Inf"" Courts of 
[p. 50o.] Common Pleas within the said County of Portsmoutli 
yearly at such days and times as shall be agreed upon, And two 
Courts of Gen' Sessions of the Peace and two Inferiour Coui-ts of 
Common Pleas at Exeter Avithin the said County of Portsmouth 
yearly at such days and times as shall be agreed upon and one Su- 
])eriour Court of Judicature, Court of Assize and General Goal De- 
livery at Portsmouth aforesaid yearly, at such time as shall be 
af«"reed upon — and one Su})eriour Court of Judicature, Court of As 
size and General Goal Delivery at Exeter aforesaid yearly at such 
time as shall be agreed upon. And four Courts of General Ses 
sions of the Peace, four Inferiour Courts of Common Pleas and 
one Superiour Court of Judicature, Couit of Assize and General 
Goal Delivery yearly at the town of Dunstable in said County of 
Cumberland, (whicli town of Dunstable shall be the shire Town of 
said County of Cumberland) at such days and times as shall be 
agreed u-pon and that Capt. Israel Gilman and Mr. Jon* Lovewell 
be a Com"'' of this House to joyn with such as may be appointed 
by the Ilon'''*^^ the Council to draw up an act accordingly. 

And farther Voted That in case the vote aforesaid, shall be car- 
ry 'd into execution, that there shall ))e allow'd and jiaid out of the 
money that is or may be in the Treasury unto the Justices of the 
Supe"" ('ourt of •Fud'' ttc. for this ProA'ince the sum ot one hundred 
and fifty pounds new Ten'' for one year from y*" time the act afores** 
shall take place, the better to enable them to attend the business 
of the County. 

Sent up l)y Mr. Mcnuirphy.(a) 

[i*. 506.] Eleaz'' Russell, and Henry Sherl)urne jun Esq", de- 
sired liberty to enter their dissents against the foregoing votes 
wliich Avas u ranted. 



1755.] JOL'KXAL OF THE HOUSE. 343 

(a) [To tlic above vote the Coiiucil say] "That the Couucil agree unan- 
imously with the house in its being verj- expedient to have the Province 
divided into two Counties and are Desirous of & should forward the 
same's being don, but could by no means consent to the Courts being- 
moved from Poitsmo to Exeter, that having been heretofore don bj' an act 
of Assembly & the said Act being repealed by his Majesty & therefore the 
Council could not Enter into that consideration. Also inform the house 
that they tlio't a Salary for the Judges of the Superior Court very neces- 
sary, but as it was in the vote granted conditionally and tacked to the 
other vote for moving the Courts — the Council could only advise to a new 
vote for that article." Jour. C. & Assem. p. IS.j. 

The House aJjounid till three of the clock in the afternoon by 
order of the 8})eak'. 

I'ost ^Meridiem. 

Met aceordinti- to adjournment. Theodore Atkinson. Rich'' Wi- 
bird and Dan' \Varner Esqs. came into the honse and deliy'r*^ a 
vcrball message from tlie Council relating to the votes of this house 
concerning the Rating the im])ioved and nniini>roved lands in tliis 
Province granted into Townships and otherwise and to the divid- 
ing y" Province into Countys and offerd sundry objections Avhy the 
Council could not concur Avith the said votes, but did not leave the 
s*^ votes or either of them with the House. 

They also bro't into the house a written message from his Ex- 
cellency the Governonr relating to the muster Rolls. 

Governor n MenscKjv. 
[Copied from MS. Gov"' Messages, \o\. II. p. 187.] 

Province of 
New Hampshire. 

3Ir. Speaker rf- 
Gentlemen of the Assembhj. 

The delay in passing the muster liolls in your house for the troops I 
posted on Merrimac & Connecticut Rivers, for the safety and protection 
of his Majesty's Subjects on the frontiers, has occasion'd a very great ex- 
pense to the otticers attending that Service, and the deductions you made 
for paj^ & subsistance on those troops, I am apprehensive will be ver}' 
prejudicial to his Majesty's service in all future levies. 

These deductions & the great expence the otlicers were at in attending, 
moved my Compassion towards them, from which I was prevailed upon 
to assent to your vote, (concurred by his Majesty's Council for the same 
reasons) Avith the deductions made on the Rolls of pay & sulisistance, 
ammunition, &c. an instance of the like kind cannot be produced from the 
Records of the Parliament, it being the constant care of the Parliament 
not to infringe on the Prerogative of the CroAvn. Therefore since you 
have undertaken to pass upon & examine all muster Rolls, as soon as the 
officer has satisfied the House that the troops contained in his Roll were 
levied and posted by my orders, as near as the nature & circumstances of 
things would admit, it Avas your duty & obligation in support of such or- 
ders, Avithout either delay or deductions to have passed upon them, oth- 
erwise his Majestys service is, & may be more affectAl than you can con- 
ceiAe of. 



344 PROVINCE OF NEW-HAMl'.SHIKE. [17o5. 

The oflicer I iippointed to commaud the Troops iu the Sumer past, ac- 
cording to his usual Zeal and activity executed mj' commands out of a 
broken scattered I?egiment, & his services ought to meet v,'ith j'our high- 
est encouragement ; but I am perswaded thej' were not duly weighed bj' 
the House, when there was no allowance made for his pay as Commander 
of the Troops ; a matter of such consequence to his Majestys service well 
deserves your attention. 

As soon as the Grants were made for the defence of the frontiers, I 
took under my consideration from wliat regiment the Troops could be de- 
tached, that would make tlie greatest saving to the Government, and flnd- 
ing that the diflerenee would be very great between drafting them from 
Coll. Blanchard's regiment & the lower regiments, besides the ditt'erence 
in their usefulness to the frontiers, I made tlie principal Levy from his 
regiment with orders to get subsistance at the Expence of the Govern- 
ment, which was accordingly done, not in the lest doubting, but that I 
should liave the concurrence of every branch of the Legislature, in giv- 
ing the highest encouragement to the provision countrys that could af- 
foi'd this aid to the Government, since the charges iu transporting sub- 
sistance to the frontiers had haen experienced to amount to more than 
the first cost iu the Treasury. 

If the House had taken these things uprightly under consideration, the 
rolls would have been properly passed, the honour and Interest of the 
Government saved, «.<: I should not have given you the trouble of this 
Message, & the application made to me for redress as you maj'' observe by 
the Extracts from j^our votes, herewi h delivered to you. 

B. WKXTV.'onTH. 

Council Chamber in 
Portsmouth, January 17, 17."J5. 

The House taking under eoiisiuenition tliat |>ai"t of his Excel- 
lency's message of y'' 1 1"* Dec'' last relating to his ISalary and the 
Question being pnt whether the two hundred and fifty Pounds pr 
year for his more lion''''' and ample Sui)port, arising from the act 
for the twenty live thousand Pounds Loan, extended beyond the 
duration and continuance of the said act, it }iassed nnaniniously in 
the Negative. 

[p. 507.] Also the Question being j»ut whether tlie payment of 
the sum of two hundred & fifty pounds new Ten' yearly to his 
Excellency during the continuance of the act for the twenty five 
thousand Pounds loan, Av^as not in full discharge of the grant made 
to him by the s'^ act towards his more Hon'"''' and ample support — 
it ])as8ed in the afhrniative. 

Daniel Pierce ^ii(.\. came into the House and gave Bond for the 
faithfull discharge of the ofhce of Recorder, and had the oliice oath 
administered unto him by the Hon''"^ Mesliech Weare, Esq. 

Voted, That Henry Sherburne jun. Esq. and Matthew Liver- 
more be a Committee of this House to draw an answer unto his 
Excellencys message of this day. 



Wednesday, Jan^ 22'^ 1755, A. M. 
Matthew Livermore Esq. Clerk of the House being absent. 



1755.] JOUKXAL OF TIIK HOUSE. 345 

Voted, That Henry Sherburne jun. be clerk oftlie lunisepro Tern- 
2)ore. 

Mr. Lovell sent to tlie Council witli :i Message to Avitlidraw fui- 
farming out the Excise. 

[p. oOO.J Mr. Secretary brouglit down the vote tVjr farming 
out the Plxcise & tlie followiiig vote was ]iassed & sent up in tlie 
room of it, viz. 

"Whereas by au .Vet entitled an .Vet for granting unto liis ]\[ajes- 
ty an E.veise on several Liijuors. it was Enacted that there should 
be paid by all Tavern-Keei)ers, Inholders & Retailers for all such 
wine. Hum & other spiritts. Cyder & Perry as they should sell or 
Retail, the Excise following, viz. Ry every Taveruer or Inholder 
eight }>ence pr gallon ou wine, vuni ct any other spiritts, & for 
cyder or Perry eighteen pence i»r. barrel & by every ]ietailer out 
of Doors six ])ence jir Gall, on any wine. Rum & oilier Spiritts, & 
whereas it ai)pears that the s'' Excise was set at too low a Rate in 
a^ act. 

Voted, That all Tavern keeper.-;, Inholders & Retailers within 
this Province i)ay tiie following excise for all wine, Rum, & othei' 
Spiritts, Cyder & Perry Avhich they shall sell or Retail, viz. ten 
pence pr. Gall, ou wine, Rum & any other spiritts tfc for cyder <fc 
Perry two shillings pr barrell, for one year from the first day of 
January Inst. & that instead of farming out the Excise as in times 
past, the Province be divided into Distrit'ts & that Collectors be 
appointed to collect y'" s'' Excise, y' the s'^ collectors be invested 
with all the powers & authorities as the farmers of the P^xcise had 
by any former acts : that when the s'' Collectors are appointed 
they be under oath for the faithfiill Discharge of y" s'' Trust & 
that each of them give Rond to the Speaker of this House for the 
time being in the sum of two thous*^ pounds new ten"" with two 
sufficient sureties joyntly & severally ; that such Collector shall do 
all in his power to collect the same in his respective district & pay 
what he shall Receive of s'' Excise or for fines unto the Treasurer 
of this Province for the time being half yearly, deducting what 
shall be allowed him f()r collecting the same & that such collector 
shall also render an ace' thereof under oath unto the General As 
sembly when thereunto Required, & that there be Duplicates of 
y" s'^ Bonds taken one of which shall be lodged with the Sjieaker 
of this House for the time being, and the other with the Secretary. 

[p. 510.] Further Voted, That the Districts be as follows, viz. 

1'' Dist. That Portsmouth, New C^astle, Rye, Greenland, New- 
ington, North Hampton & Gosport be one District, & that Rich'' 
Jennes, Rye, Esq. be the collector for that District & that lie be 
allowed four & an half pr cent for what money he shall collect in 
that District. 

2^ Dist. That Exeter, Hauipton, Hampton Falls, South Hamp- 
ton, Kensingtoji, Kingstown, East Kingstown, Newton, Stratham. 
Epping «fc Brentwood be one District <.t that Coll. Peter Gillman 



346 PROVINCE OF NEW-HAMPSHIRE. [1755. 

of Exeter, Esq. be the collector for that District *fe that he be al- 
lowed six pr cent for what money he sliall collect in s*^ District. 

3*^ Dist. That Dover, Durham, Rochester, Barrington, Suni- 
niersworth, New market, Nottingham & Epsom be one District & 
that John Wentworth, of Snmmersworth, Gent, be the Collector 
for s*^ District & that he be allowed six pr Cent for what money 
he shall collect in s'^ District. 

4"* Dist. That Plastow, Hampstead, Chester, Londonderry, 
Derryfield, Pelham, Salem & Windham be one District & that 
John Mcmurphy of Londonderry, Esq. be the Collector for that 
District & that he be allowed se'n & an half pr cent for what 
money he shall collect in s*^ District. 

5* Dist. That Nottingham West, Litchfield & all other Towns 
& places on the East & West side of Merrimack River not before 
mentioned be one District, tfc that Jonathan Lovell of Dunstable, 
Gent, be the ('ollector for s'^ District & that he be allowed se'n & 
an half pr Cent for what money he shall collect in s'^ District. 

Further Voted That each of y*^ s'^ Collectors be furnished with 
a copy of the act that may [be] made in consequence of this vote, 
& any other necessary papers at the charge of the Province, — also 
that the Province sliall be at the cost of the Bond that shall be 
given & oaths adminisf' to those persons that shall pay Excise 
& that John Mcmurphy Escp <fc Mr. Jonathan Lovell be a Com""' 
of this House to joyn with such as may be appointed by the Hon''^'" 
Council to draw nji an act accordingly. [Concurred.] 

The House adjournd till three of the clock in y" afternoon. 

[p. 511.] P. M. 

Met according to adjournment. 

Whereas it appears to this House that it Avill be of great advan- 
tage to the Inhabitants of this Government to have this Province 
divided into Counties, Therefore 

Voted, That this Province be divided into three Counties, & that 
Portsmouth, New Castle, Rye, Hampton, Nortli Hani|)ton, Strata 
ham, Greenland, Newington, Dover, Durham, Snmmersworth, 
Rochester, Barrington, & Gosi)ort be one County, That Ports- 
mouth be the shire Town & that all the courts to be held in s*^ 
county l)V virtue of this vote be held at s'' Portsmouth. 

That Exeter, Hampton Falls, Kensington, South Hampton, New- 
ton, Kingston, East Kingston, Brentwood, Epping, New Market, 
Nottingham, Chester, Londonderry, Hampstead, Plastow, Salem, 
Pelham, Windham, Derryfield, Epsom, and all other Towns and 
places not before mentioned on y'' east side of Merrymake River, 
except Nottingham West & Litchfield, be one County, and that 
Exeter be the" Shire Town; that one Inf' Court of Common Pleas 
& one Court of Gen' Quarf Sessions for y*^ yeare and every year 
be held at Londonderry, and that all the rest of the Courts to be 
held in s'' County by virtue of this vote, be held at Exeter. 



1755.] JOUKNAL OF THE HOUSE. o4< 

That Nottingham West and Litchfield and all Towns and places 
on the West side of Merymack Itiver be one County, that 
Dunstable be the shire Town & tliat all the Courts to be held in s'' 
County be held at Dunsta])le, till otherwise ordered by the Gen' 
Assenib. 

That there be held yearly in each County four Inf "■ Courts of 
Common Pleas & four Courts of Gen' Quar"" Sessions of the peace. 
Two Superiour Courts of Judicature, Courts of Assize & Gen. Goal 
Delivery in each of the lower Countys and one in the upper Coun 
ty under such Regulations as shall be agreed upon by the Gen' 
Assembly. That there be one Court of Probates & Register of 
Deeds in the Shire Towns of each County, & that Coll. Peter Gill- 
man Esq. & Mr. Jonathan Lovell & Math. Livcrmore Esq. be a 
Com"'" of this House to joyn with such as may be ap])ointed by 
the Honb Councill to draw u}) an act accordingly. Sent up by 
Mr. Giddings. [Concurred with an amendment. Jom-. C. Sc 
Assem., p. 140.] 



[i'. 512.] Fryduy afternoon, January y*^ 21"'. ITo'). 

Whereas there is a number of ]>laiik sheets in the Provini-e liox 
which were struck of from the plates when the IVills (»f C'redit were 
paid & whereas there is Reason to sus])ect that there are many 
Counterfeit IJills passing made in imitation of the true l^ills of 
[}'. 513.] Credit of this Province, and whereas it may be of publick 
Benefit for each of the members of the Councill & Assemb. and al 
so the Treasurer to have a Blank sheet for each plate by them that 
by comparing the Counterfeit Bills may be the more safely detect- 
ed, Therefore 

Voted, That there be delivered out of the s'' Bo.k unto each 
member of his Majesty's CounciU and to each member of the (Jen' 
Assemb. & also to the Province Treasurer one of y'' s'' Blank 
sheets from each ])late to be by them kept & taken care of for the 
purpose afores'' & that they l>e returned again into the Province 
Box when the Gen' Assenil). shall give orders therefor. Sent u[) 
by Mess" Wentworth & Knight. 

Mr. Secretary brought down the foregoing vote concurred, with 
y** following amendment, viz. After the words each plate, the 
words being first wrote in the space on each bill for the signers 
uame-s, viz. This Bill not to ])ass but be returned a Blank &c. 
which being read, 

Voted That it be concurred with ; and the vote sent ujj again by 
Mess" Philbrick & Wiggin. 

An Act Entitled An Act for the Raising & Collecting sundry 
sums in bills of Credit on this Province due from sundry places 
uuto y" Governm' w""'' cannot be rais'd and collected for \vant of a 



348 rUOVINCE OF NEW-HA.MPSIIIKE. [1755. 

Law to enable some person or ])ei'soii-> to collect y'" same, having 
been read three times, 

Voted That it pass to l)e Ena(-tcd.(l) 



Wednesday, Jaii^' 20, 17.>.'). 
[r. .'»!.'>.] Ivich'' Wibird Esq bro't into the House a message 
from his Excellency relating to the letf from Sir Tlios. Robinson. 

Governor s Message. 

[Copied IVom MS. Gov"* Messages Vol. II. p. 197.] 
(ientlemen of the Assemhhj 

The day. His Majesty's Commands arrived sigiiiHod to me in S'' Tliomas 
Uobinson's letter I lost uo time in laying the same before the General As- 
sembly, being then sitting. 

In (•onsc(juencc of liis Majesty's Commands in the befoi'e recited letter, 
Sr. William Pepperell demands of me an order on the Treasury for a sura 
of money which he will account for as his Majesty shall order, — which he 
says will greatly contribute towards fitting & completing his Kegiment. 

Sir William likewise demands my orders for Inlleting & quartering the 
soldiers that are already raised, or may be raised within my government 
for his Majesty's service & in obedience to his commands. 

The Government of Connecticut I am informed have resolved to bear 
the expeuce of thi'ee hundred men, as to subsistance, & have imder con- 
sideration a bounty, to Encourage men to Inlist to fill up the new Regi- 
ments. 

Upon these points I have been waiting & expecting your determination 
for a longer time than I could reasonably expect, & as I have desired a 
day or two to give my Answer to Sir William Pepperell's demands, I shall 
not be dubious, but that you will exert yourselves, and fully enable me to 
Execute his Majesty's Commands, Avhich appear to me not only Just, but 
I'easonable. 



B. Wkntwoktii. 



Council Chambei- 
in Portsmouth, Jan> 
28"' 17r)5. 

AiiSicer to Governor's Message. 

May it please yovr Eyrdlency 

In answer to your Excellency's message ol yesterday to this House 
permit us to say that on the fifteenth Instant this House passed a vote for 
raising a sum to answer the ends proposed in Sir Thomas Uobinson's let- 
ter to yoiir Exc^', w''' vote was sent up to the Iion''i<= the Council the same 
day. The House at present do not know of, nor can they think of any 
other way, whereby they can raise any sum of money under the present 
difficult and distressing circumstances and situations of the Provincial 
aft'airs. 

[p. 510.] We are desirous of contributing everything in our power to 
answer his Majesty's expectation and designs for the common good of 
his subjects in these parts, and ii appears to us that if the above vote 

(1) See an application of tliis Act to Bow, in Bouton's Hist, of Concord, pp. 216-218.— 
Ei>. 



1755.] .lOUKNAL OF THE HOUSE. 349 

should pajss & be carrved into oxL-riitioii, it will he the best provi.sioii we 
can make for these ends. 

AYe do not know what right Sir Wni. Pepperell may have to make .sucli 
demands on your Exc-^' as mentioned in your ExO'* message, Ave can find 
nothing in Sir Thomas Eobinson's Letter that countenances such de- 
mands. 

Voted Tliat the alcove be sent to liis Excellency as an answer 
\into liis Excelleiu y's inessa<i;e to this House yesterday. Sent up 
by Mess"^* Mciiiurjthy and Thomas. 

Col. Downinix bro't itito the House a message from his Excel- 
lency with Mr. Mitchell's ace'. 

Governor's Message. 

JL\ Speaker and Gcuthraeii of the Assembly. 

The account of George Mitchell Esq. which you will herewith have 
deliverd to you, was a debt arising to the Province in consequence of 
oi'ders & directions I received from the Kight Hon''''' the Lords Commis- 
sioners of Trade and Plantations, and as those plans have long since 
been transmitted by me. bj^ their Lordships commands, I am hoping you 
will not fail of making a reasonable allowance for said service. 

1). AVkxtwoktu. 

Council ChamV)er in 
Portsmouth, Jan. l'"'''''. 17.">.">. 



Dk. His Majesty's Province of New Hampshire, to George Mitchell. Cr. 

To 23 Days said Mitchell was Imployed in collecting sev- ^ 

cral surveys & in Ivcducing the same to one scale in order ^ £115:0:0. 
to lay down a Map of the Province, at lO.s ster-. pr Diem S 

G4 Days Imployed in Drawing two copys of the same — £o20 : : 

Paid for Paper for said use — 2:0:0 

Paid Joseph Buss for two Boxes to Inclose the Maps — 3:0:0 



Portsmouth, Octo' ;Vi. 175 



Old Tenor £440 : : 
pr. George Mitchell. 



[The following .Journal and ace' of Walter Bryent for running the Di- 
viding line between the Province of Xew Hampshire and the Province of 
Maine, was recently found by the editor in a MS. volume in the Secre- 
tary's office, labelled "Province Boundaries 1(]77-17(;7."J 

Waltek Bkykxts Journal in running the Boundary between New Hamp- 
shire and that part of the Massachusetts Bay called County of York, 1741. 

March 1:5, Pryday. I set out from New-Market Avith eight men to as- 
sist me, in running 6l marking out one of the Province Bounderys — 
lodged at Cochecho. 

14. Saturday. Sent our Baggage on loging sleds to Itochester from 
Cochecho under the care of three men, the other five continuing with me 
at Cochecho. it being foul weather. 



•350 PROVINCE OF NEW-HAMPSHIRE. [1755. 

lo. Sunday. Attended Public worship at Cochecho, and in the even- 
ing went to Rochester and lodged there. 

16. Monday. Travelled through tlie upper part of Rochester and 
lodg'd in a Logiug Camp. 

17. Tuesday. Went on Salmon Fall River c<i traveird up said River 
tm the ice above the second pond and campt. 

IS. Wednesday. Went to the third pond & al)out two of the clock in 
the afternoon it rain'd & snow'd very hard fcoblidg'd us to camp— extream 
stormy that night and two men sick. 

ID. Thursday. Went to the head of Nechawannock River and there 
set my course, being North two Degrees West, ])ut by the needle North 
Eight Degrees East, and run a half mile on a neck of Land with three 
men — then returu'd to the other five & campt. 

'JO. Frydaj-. Crost the head pond which was a mile over, and at two 
hundred rods distance from s'^ head pond was another which lay so in my 
course that I crost it three times, and has communication with Mousum 
River as I suppose — from the last mention'd pond, for six mile together 
I found the land to be pretty even, the growth generally White and Pitch 
Pine. (N. B. At the end of every mile I mark'd a ti'ee where the place 
would admit of it, with the number of miles from the head of Nechawan- 
nock River.) Went over a mountain from the summit of which I plainly 
see the White Hills & Ossipa Pond, which [pond] bore about North West 
and was about four mile distant. There also lay on the north side of said 
Mountain at a mile distant a pond in the form of a Circle, of the Diam- 
eter of three miles, the East End of which I crost. I also crost the River 
which comes from the East and runs into said pond & campt, had good 
travelling to-day & went between seven and eight miles. 

21. Saturday. In travelling five miles (the land pretty level) from the 
place where I campt last night, I came to a river which runs out from the 
last mention'd pond & there track'd an Indian & three Dogs, kill'd two 
Deer & campt. 

'22. Sunday. Remain'd in my Camp & about nine o'clock at night the 
camp was hail'd by two Indians (who were within fifteen rods of it) in sa 
broken English that they called three times before I could understand 
what they said, which was, "what you do there," — upon which I spoke 
to them and immediately upon my speaking they ask'd what news. I told 
them it was Peace. They answer'd, "May be no."' But however, upon 
my telling them they should not be hurt, and bidding them to come to the 
Camp, they came & behav'd very orderly and gave me an account of Os- 
sipa pond & River, as also of a place call'd Pigwacket. They told me the 
way to know when I was at Pigwacket was by observing a certain River 
which had three large hills on the south Avest side of it, which narrative 
of said Indians respecting Ossipa, &c. I found to correspond pretty well 
with my observations. They also inform'd me of their names which were 
Seutur & Pease. Scntur is an old man, was in Capt. Lovewell's fight, at 
which time he was much wounded and lost one of his eyes ; the other is 
a young man. They inform'd me there living was at Ossipa pond. They 
liad no gun but hatchett and spears. Our snow shoes being something 
broken they readily imparted wherewith to mend them. They would 
have purchased a gun of me, but could not spare one. They were very 
inquisitive to know what bro't Englishmen so far in the woods in peace, 
whereupon I inform'd them. And upon the Avhole they said they tho't it 
was war finding Englishmen so far in the woods & further that there were 
sundry companys of Indians a hunting & they believed that none of s''^ 
companys would let me proceed if they should meet with me. 



1755.] JOURNAL OF THE HOUSE. 351 

23. Monday. Parted with Indians & went to Ossipa liiver which is 
fifteen miles from the head of Salmon Fall which number of miles 1 mark'd 
on a pretty large Tree that lay convenient. (And in my return I found 
on said Tree a sword handsomely form'd grasp'd by a hand.) One mile 
from Ossipa River came to a mountain from the top of which I saw the 
White Hills. Travell'd over live large mountains. Campt. 

24. Tuesday. Found the snow very soft to da}^ so that we sunk half 
leg deep in snow shoes. See where two Indians had Campt on Hemlock 
Boughs. Campt. Snow'd all night. 

25. Wednesday. Continued snowing all day & night. Tlie general 
depth of the snow with what fell last night v^ to day was four foot and an 
half to live feet deep. 

20. Thursday. The Weather fair & clear and in my travel to day saw 
the White Hills which were West and by North from me, and about seven 
miles distant as near as I could guess. I also see Pigwaket Plain or In- 
tervale Land as also Pigwaket River which runs from the North West to 
the South East and cuts the aforesaid Interval to two Triangles, it lying 
North & South about eight miles in length & four in breadth. 

Al)out two or three mTles beyond Pigwaket I saw a large body of Water 
three or four miles long & half a mile broad, but whether River or Pond 
I do not know. 

27. Friday. Finding the travelling Difficult by the softness of the snow 
and the Rivers and Brooks breaking up, together with some backward- 
ness in my men to venture any further, I concluded to return, which I did 
accordingly, and on Wednesday the first of April we got safe to New 
Market and all in good health. 

Waltki: Bryent. 

Prov : of > May 22, 1741. Mr. Walter liryent made oath that this is a 
N. Hamp>' 5 true and exact Journal of his survey of part of one of the di- 
visional boundaries between his Majesty's Province of New Hampshire 
and the Massachusetts Bay, made by him according to the best of his skill 
and observations. 

Sworn before, Rich*' Waldron, J' Peace 

The charge of Runing y« Dividing line between yc Province of Main for 
myself and eight men. 
To two days myself at Portsm" attending on his Excellx the 

Governor and Counsell in order to an agreement . . £1 : 10 : 00 
To one day, Ditto 15s, and three men that where sworn, for 

line men, at lOs per day, each 2 : 5 : GO' 

To myself seventeen days, at 23s pr Day, . . . . 19:11:00 

To eight men each 17 days at 13s pr Day . . . . «8 : 08 : 00 

To a Plan & Return by y*' agreement £5. (& I gave three) . 5 : 00 : 00 



£116:14:00 
Received 85:00:00 



Remains £31 : 14 : OO 

Errors Excepted pr 

AValter Bryant. 
Newmarket, 1741. 

In the House of Representatives Feb. the 12"''' 1741 The within allowed 
to be p<J, £31 : 14. 

James Jeftrey, Clerk. 
In Council Read & concurred, Feb. 18 ; 1741 

R. Waldron 
Assented to 

B. Wkntworth, 



'>52 PROVINCE OF NEW-HAMPSHIRE. [1755. 

[p. 517.] l"i)Oii rcadini;- tlic vote of Council on y*" vote of this 
Jiouse on y" 22'^ Instant relating* to the Division of this Province 
into three countys, Voted, That the said vote of Council be nou- 
concurrd and further Voted, That the house adhere to their former 
vote with this amendment, viz. That the word N^evton in the 
second Paragraph be read New Town. 

Sent up 31 by Dea. Philbrick. 

The House adjourned till tomorrow morning nine o'clock by or- 
der of y*^ Speak'' (a) 

(a) The petition of Jcremlali "Webster & others setting fourth tliat tliey 
were proprietors of Ji tract of land called Stevens-town, within this Prov- 
ince & had built a fort and made considerable Improvements on the said 
land &c. Praying: for soldiers to maintain the Same — read and sent down. 
Jour. C. & Asseui. p. 140. 



[p. 518.] lltport of Committee. 

Province of ) Jan.^. ol*' IZor.. 
New Hampi' \ 

Agreeable to a vote of the Council anci Gen' Assembij' of the 24"' in- 
stant, consented to tjie same day by his Excellency the Governour, we 
have taken out of the Province Box "forty-four Blank sheets of the Great 
Plate for Impressing Pai)er Bills on the credit of the Province, and the 
same Number of tlie small plate for Ditto and have wrote the words in 
the same vote ordered, in the space in each Bill for the signers names and 
\YA\fi delivered the said Bills as the said vote directed and have left a 
jnemoraud'" of the same in tlie said Box, which is humblj' submitted, by 

Meshech Weare, Speak' 
Theodore Atkinson, SeO 

The foregoing lieport being presented to the House by the 
[[on'*''' Theodore Atkinson ami Meshech Weare Esq. for accept- 
ance, 

Voted that it be acce]>ted. Sent uj:), Feb 1, by Mr. Knight. 

The House adjournd till tomorrow morning ]iine o'clock by order 
of the Speak''. 



Saturday, Feb. 1''' 1755. 

The Committee apjiointed to examine the Treasurer's ace", mak- 
ing lieport that there is due unto this Pnnince from said Treas 
urer to balance the sum of four thousand nine hundred and thirty 
pounds fourteen shillings and five pence New Ten"", besides the 
Province Tax for the year 1754, M'hich is not included. 

Voted That the Pej)ort of s'' Committee be accepted. Sent up 
by Capt. Wentworth, Esq'' Page & Mr. Philbrick. 

Wliereas Capt Israel Oilman is Avilling at the desire of this house 
to go to Haverhill with ])roper officers and endeavour the appre- 
liending of Eben'' Kimball and David Emerson, jun. two persons 



1755.] JOURNAL OF THE HOUSE. 353 

suspected to be concern'd in coniiterfeitiiii;^ and altoiiui;' Bills in 
imitation of the Bills of Credit of this Province, 

Voted, That s'^ Oilman receive out of the publick Treasury 
twelve Pounds ten shillings new Ten"' to enable him to conduct and 
manage s'^ affair and that he render account thereof to the Gen' 
Assembly. Sent up by Mr. Wiggin. [Concurred.] 

The Secretary came into the House and said he was directed by 
his Excellency to prorogue the Gen^ Assembly to Tuesday the 
eleventh day of March next ten of the clock in tlie torenoon and 
accordingly in his Majesty's name prorogued the same, (a) 

(a) [Before the proi'ogation the following Bills wore passed to be cn- 
actetl, viz.] 

1. An act for granting liberty to the proprietors of Merrimack to lay a 
Tax on non resident Lands within the said Town. 

2. An act for the more easy & speedy prosecuting Actions of ejectment. 

3. An act for the more speedy making Partition of real Estates &c. 

4. An act for regulating the Town meetings in Bow. 

5. Additional act for enforcing the payment of the arrears of the Prov- 
ince tax. Jour. C. p. ItO. 14L 

Letter from. Sir T. llohinson to his Excellencif Gov" Went- 

worth. (1) 

[Copied from MS. Corr. \o\. II. p. si).] 

Whitehall, Oct'' i>(;, 175t. 
Sir, 

Having informed you in my letter of July .">"' that the Iving had under 
kis consideration the state of artairs in North America, I am now to ac- 
quaint you. That amongst other meastn-es that are thought proper for the 
Defence of his IMajesty's just Kights and Dominions in those parts, the 
King has not only been pleased to order two liegiments of foot consisting 
of 500 men each, besides commissioned and non-commissioned olticers 
commanded by Sir Peter Hackett and Colonel Dunbar to repair to Vir- 
ginia and to be there augmented to the number of 700 each, but likewise 
to send orders to Gov'' Shirley, and Sir William Pepperell to raise two 
Kegiments whereof they are respectively appointed Colonels, of 1000 men 
each, and also to sign commissions for a number of officers to serve in 
the said Two liegiments, and who will forthwith repair to North Americr« 
for that purpose. 

Whereas there will be wanting a considerable number of men to make 
up the designed complements of the said Begiments, it is his Majesty's 
pleasure that you should be taking the previous steps towards contributing 
as far as you can to have about 3000 men in readiness to be enlisted ; and 
it is his Majesty's Intention, That a General Officer of Hank & Capacity to 
be appointed to command-in-chief, all the King's forces in North America, 
a Deputy Quartermaster General and a Commissary of the Musters shall 
set out as soon as conveniently may be in order to prepare every thing for 
the arrival of the forces above mentioned from Europe, and for the rais- 
ing the others in America. You will receive from that General Offieei' 
and the other officers just mentioned a full and exact account of the 
arms clothing and other necessaries to be sent upon this important occa- 

(1) This letter was referred to by the Governor in an address to the Council, Feb. 26, 
1755. (See p. 29 )— Ed. 



354 PROVINCE OF NEW-HAMPSHIRE. [1755. 

sioii, as likewise of tlio ordiuance. stores, and of the ofticers and attendants 
belonging tliereto — all which being orderd for this service are such pi'oofs 
of his Majesty's Regard for the seciiritj- and welftire of his subjects in those 
Parts, as cannot fail to excite you to exert yourself and tJiose under your care 
to take the most vigorous steps to Rcpell your common danger, and to shew 
that the King's orders which were sent you last year by the Earl of Hol- 
dcriless and were renewed to you, in my letter of the fifth of Jul}', liave 
at last roused that Emulation and spirit which every man owes, at this 
time, to his ]VIajestj', the publick, and himself. The King will not thei'e- 
f'orc Imagine, that either you or the rest of his Governors will suffer the 
least neglect or Delay in the Performance of the present service, now 
strongly recommended to you, particularly with regard to the following 
Points : viz. 

That you should carefully provide a sufficient quantity of Fresh Vic- 
t'.tals at the Expense of j'our Government to be ready for the use of the 
Troops at their arrival : That you should likewise furnish the otflcers 
who may have occasion to go frcm place to place, with all necessarys for 
travelling by lantl, in case there are no means of going by sea, and that 
you should use your utmost diligence and authority in procuring an exact 
observance of such orders as shall be issued from time to time, by the 
Commander-in-chief, for quartering the Trooi^s, impressing Carriages, 
and providing all necessarys for such i'orces as shall arrive, or be raised, 
within your Government. As the articles aljove mentioned are of a local 
and peculiar nature and arising entirely within your Government, It is 
iilmost needless for me to acquaint j'ou. That his Majesty will expect the 
cJia'^ge thereof be defrayed by his subjects belonging to the same. But 
with regard to such other articles Avhich are of a more general concern, 
It is the King's Pleasure that the same should be supplyed by a common 
Fund, for the Beuelit of all the Colonies, collectively, in North America, 
for which Purpose you will use your utmost Endeavours to induce the As- 
sembly of your Province to raise forthwith, as large a sum as can be af- 
forded, as their contribution to this common i'und, to be employed, pro- 
portionally, for the general service of North America, (particularly for 
pnying the charge of levying the Troops to make up the Complements of 
the Regiments above mentioned) until such time as a Plan of general un- 
ion of his Majesty's Northern Colonies for their connnon Defence can be 
perfected. 

You will carefully confer or correspond, as you shall have opportunity 
upon every thins: relative to the present service with the said General, Sir 
William Pepperell and Governor Shirley or either of them, and as it is the 
King's Intention to give all proper encouragement to such persons who 
shall engage to serve upon this occasion, j^ou will acquaint all such per- 
sons in the Kings name. That they receive arms and cloathing from hence, 
and that they sliall be sent back (if desired) to their Respective Habita- 
tions when the service in America is over. As the several Governours in 
all the Kings Provinces and Colouys in North ximcrica Avill receive by 
this conveyance a letter to the same effect with this which I now send 
you, they will be prepared, at the same time to obey his Majesty's com- 
mands, and I am to direct you, to correspond with all or either of them 
occasionally as j'ou shall find expedient for the general service. 

I am, Sir, your most obedient humble serv^. 

T. Robinson. 

A true copy — 

Attest. Matthew Livermore 

Clerk of y*' House of Representatives. 



1755.] JOURNAL OF THE HOUSE. 355 

[p. 520.] Tuesday March 11"' 17oo. 

A few of the members met, but not th.e Speaker. nor sufficient 
to make a house. [Adjourned till] 

Wednesday, 12"'. 

The Secretary bro"t into the House in the forenoon a written 
message from his Excellency : 

Governor's Message. 
[Copied from MS. Gov'rs. Messages, Vol. II. p. 211.] 
3Ir. tSpeak-er & Gentlemen of the Assembhj : 

Having matters of great Importance for his Majesty's service, & tlie In- 
terest of all his Colonys in North America to lay before you, which it is 
proper should not be made public at this time, I must desire, that pre- 
vious to my acquainting you therewith, that the respective members do 
severally swear, not to divulge or make public either the whole or any 
part thereof, until the nature & circumstances of the service you are to 
take under consideration make it necessary. 

As soon as I am informed that your Members are sworn, I shall require 
your attendance in the Council Chamber. 

li. AVF.XTWoirrii. 
Council Chamber in Portsmouth. 
March 11"', 175.3. 

In consequence of the foregoing message, this afternoon the fol- 
lowing members took an oath of secresy relating to the foregoing- 
message, viz. 

Meshech Weare, Esq. Peter Gilman, Esq. 

Eleazer Kussell, Esq. Mathew Livermore 

Mr. Jonathan Tuck Thomas Millet, Esq. 

Mr. Zebnlon Gidding Mr. Joseph Philbrick 

Mr. Thos. Wiggin ]\Ii'. John Knight 

Clem*. March, Esq. John Mcmin-i)hy Es(p 
John Page, Esq. 

Mess" John Knight, John Mcmurphy and John Page sent with 
[r. 521] a message to his Excellency to acquaint him that there 
is a House and that the members present had taken the oath of se- 
cresy referr'd unto in his Excellency's message of this day. 

The Secretary came into the House and said his Excellency re 
quired the attendance of the house at the Council Chambers and 
his Excellency made a speech, which was delivered to the Speaker. 

[Copied from MS. Governor's Messages, Vol. II, p. 21o.] 
Gentlemen of the Council and of the Assembly — 

The dangerous encroachments made by the subjects of the French King 
in divers parts of his Majesties Dominions iu North America by building 



350 PROVINCE OF NEW-IIAMPSHIRE. [1756. 

Fortifications aud doing othei* unwarrantable Acts, demand the aid of all 
and each of his Governments and their united force, not only to demolish 
such Fortifications, as we have just pretentions to, but to erect others in 
such parts of the Continent as may appear most prol)able to be useful 
when a war with France shall happen ; more particularlj' it should be the 
political view of these Governments that are Exposed both in peace and 
in war to the depredations of the Indians, to curb and restrain, as much 
as in them lies, those Forts in the French King's possession, which have 
served as a place of safe Retreat to the Indians, after they had committed 
the most insulting outrages on our Frontiers. 

To answer these ends amongst others his Excellency William Shirley 
Esq. in his speech to the General Assembly of his Government ol the 
lo'h of February last, recommends the necessity of building a strong 
F'ort near the French Fort at Crown Point; the recommendation was 
committed, reported upon and accepted by the whole Legislature. The 
Governor's Speech and the Committee's Report I shall order to be laid 
before you. That you may be iuformd Avhat measures that Govci-nment 
has thought expedient, in conse(iuence of the Governor's recommenda- 
tion, anci in support of the common cause. 

F'rom the i)reparations his Majesty has been pleased to make to dislodge 
the French from their unjust encroachments in Nova Scotia and on the 
Ohio, it appears to me a most favourable conjuncture to give ihe French 
Troops a further diversion by erecting a strong Fort at or near their F'ort 
at Crown I'oint; and I do in the most earnest manner Recommend 
it, as essential to the future peace and welfare of all his Majesties 
Colonies. I shall not therefore douljt but that you will forthwith by a 
Committee of both houses, take this mattor under j^our consideration, 
and report what measures this Province ought to take in conjunction 
with his Majesties other Governments, in this general concern. 

Governor Shirley had no sooner imparted to me the x-esolutiou taken by 
his Government for the service herein mentioned, but by the advice of 
His Majesties Council I put a stop to the exportation of all kinds of pro- 
visions and warlike stores from this Port to any of the F'rench Colonies, 
and have given the necessary orders to the proper ofllcei's for a due obser- 
vance thereof. But to render my orders more effectual, and to prevent 
the port from being intirely shut up, which nuiy be injurious to our trade, 
a short act is still wanting on the present occasion. 

The government of the Massachusetts have passed an act to enforce 
the Governor's orders in this particular, and his Honour James DeLancey, 
Esq. Lieutenant Governor of New York, by the last post transmitted an 
act passed in that Government for a time therein limited for the same 
purposes, which shall be laid before you for your guidance in a thing so 
necessary at this time. Mr. DeLancey also signifies to me that he had 
given his assent to a Bill for Emitting £45.000 that currency of which 
£30,000 was granted to fortifie New York and the Northern Frontiers of 
that Province. 

That both the Council and Assembly may be imforaied of what conse- 
quence it is to all the Northern Colonies to remove the French from the 
euci'oachmeuts they have already made on his Majesties Dominions, and 
to prevent the like for the future, I shall be ready to communicate all the 
Intimations and Informations I have rec'd relative thereunto, and I am 
hopeing that it will be the care of every branch of the Legislature to re- 
move all obstructious and impediments to their great design and necessa- 
ry service, and that a happj^ union in the counsels of the respective Gov- 
ernments will prevail. 

It being consistan<; with his Majesties Commands that I should, in con- 
junction with the Governors of his other Provinces, use my utmost En- 
deavours to be aiding and assisting in removeing all encroachments made 
by the French on any part of his Dominions, the intended Enterprise seems 



1755.] JOUEXAL OF THE HOUSE. 357 

not only calculated to an.swcr Lis M'\ie«ti<-'S gracious iutcutions for those 
ends, but to be iniiversally bencticial to the ■whole Continent, and with the 
other measures his Majesty is taking must establish the future happiness 
of all his Colonies in America and should it please Almighty God, the 
wise Disposer and Governor of all Events to smile on this important un- 
dertaking and grant a l)lessing to his Majesties arms and the united coun- 
cils of his Governments, it must convey such a lasting store of blessings 
on our posterity, and greater than, at this time, I can express or you can 
conceive. 

Since then we maj^ promise ourselves Benetits universally extensive, if 
we unite in our Counsels and joint endeavours to remove the Invaders, 
Enemies that threaten, and have already made great advances tOAvards 
striping us of our most valuable enjoyments, both civil and religious, i5o 
so Plac'd in their stead tlie most iutoilerable Yoke of Tyranny and Super- 
stition — It would be unpardonable in this generation to suifer such a 
train of Evils, Avhichby the blessing of God, appear to be in our power 
to prevent from descending on those that are to succeed us, without ex- 
erting ourselves to the utmost, even to the half of what we now possess. 

The Expcnce will be great, but neither that, or anj^ other considera- 
tion, can be put in the ballance against impending Tyranny, the loss of 
our civil and Religious privileges, setiug up Superstition and Idolitiy in 
the room of the pure Avorship of the one only liveing and true God, noth- 
ing can be brought in competition with, or bear the least proportion to. 
the Evils and Calamities I liave enumerated, should the French succeed in 
their destructive counsels. 
Gentlemen — 

Therefore let it not hereal'ter l)e told in Gatli, or ever pul)lished in the 
streets of Askelon, that so many poi)ul()Us Colonies of Frotestants should 
tamely sul)mitt to entail irretrievable misery and bondage on the Gen- 
erations yet to ))e born, (a burthen which our fathers could not l)ear) 
Avithout makeing our strongest ettbrts to llepel the threatening danger, — 
Providence seems to have pointed out the Avay to effect it, and even the 
time Avhen this great event shall be brotight about; nothing therefore 
remains to be done on our part, but to make use of the means which I 
hope to find fully advised to, in the report of your Committee. 
Council Chamber in J). Wkxtwoktu. 

Portsmouth, 12 March 17.')."). 

Mr. Tliouias Halo came into the Iloust' and took tlie oath of se- 
cresy as sundiy of tlte other ineiiibers liad before dotie. 

The Secretary bro't into tlie House a copy of Gov'' Shirley's 
Sjjcech to the Council and House of Representatives of the Prov 
ince of the Province of the Massachusetts Bay of the 13"' of Feb-^' 
last, also the Copy of the Report of a Coniniittee of the Gen" 
Court of the Province of the Massachusetts Bay relating to sundry 
things therein mentioned, also the Copy of an Act lately passed 
by the Governm't of New York relating to the prohibiting the 
carrying Provisiojis to the French, and said That the Governor 
had not copys of the afores'^ Papers, and that Avhen the House had 
made Avhat use of them they should think proper, he Avoidd have 
them bo deliver'd to the Secretarv. 



358 PRO VIM CE OF NEW-HAMPSHIKE. [1755. 

[Papers above referred to.] 

Governor Shirley's Message. 

[Copied from MS. Gov's Messages, Vol. 11. p. 21!).] 

Gentlemen of the Council 

and House of Bcpresentativcs — 

Since making my Speech to j'ou at the beginning of this Session, upon 
considering the iiappy eflects W^^'' thro' the Divine blessing upon his Maj- 
esty's arms, we may promise ourselves for this Government, from the Ex- 
pedition now ritting out for dislodging the French from their Forts upon 
the Isthnms and St. John's River in Nova Scotia, and driving them out of 
that Province, it hath occurr'd to me as a very considerable one, that it 
aftbrds us a most favourable opportunity for building a Fort upon the 
rocky eminence near Crown Point, within the limits of his Majesty's ter- 
ritories, w'"'' may command the French Fort there, and put it into our 
Power, iu case of a Rupture w^' France, to march an army in a few days 
to the gates of the Cit}'^ of Montreal itself & pour our troops into the 
heart of their country. 

How greatly such an event is to be wish'd for, how much Blood & 
Treasure it would save to his Majesty's subjects of New England &, New 
York in a time of War, I need n ^t observe. Gentlemen, to you: The Dep- 
leditions committed upon us in the late War by the French and their In- 
dians from Fort St. Frederick, are still fresh in our memories; and Prov- 
idence seems to point out the present conjuncture as the most proper op- 
portunity for securing ourselves against them for the future. 

The Chief force and attention of the French is now employ'd upon the 
Ohio in extending their Incroachments upcni his Majesty's Territories in 
those parts; and in a short time, upon the first dawn w''' the Enterprise 
for removing the French out of Nova Scoiia will give them in Canada, 
they will naturally draw from thence what force they can spare for the 
support of their Incroachments upon the Isthmus and St. John's River; 
and in this divided State of their forces and counsels It is mos evident, 
that the country about Montreal must be very uuprepar'd to repel the at- 
teni' t I am now speaking of; espccialiy if to the surprise vv^'' they must 
then be in at the appearance of a considerable Body of troops so near one 
of their two capital cities a faint should be made at the Head of Kenne- 
bec or the River Chaudiere, to cause a Diversion of tiieir forces in Can- 
ada for the defence of their Metropolis at Quebec. 

How greatly the operations I propose, if carried on this year must con- 
tribute towards ridding his Majesty's Colonies upon this continent of 
the French Incroachments w"^ which they are now hemm'd in from Nova 
Scotia as far as North Carolina; to the reclaiming of the whole Body of 
Indians to the English Interest, establishing a Barrier Line of Forts 
against the French settlements on the north side of the River St. Law- 
rence, and making ourselves masters of the Principal passes into Canada, 
for driving the Frencli ott" this continent whenever it shall l)e his Majes- 
ty's pleasure to order that to be done, I am perswaded. Gentlemen, you 
so fully conceive, that it is needless for me to dilate upon it. 

You well know, how much the success of the Expedition against Louis- 
bourg was owing to it> being icdl tinid; had it been deferr'd to the year 
following, it seems doubtfuU what might have been the event of it. 

Let us avail ourselves of the present conjuncture with tue same pru- 
dence & activity that we did of that against Cape Breton, and we may 
hope for equal success; and this Province will have the Honour to be the 
first mover iu the operations for restoring the General tranquility of North 
America, as it had of being in those of 174.'>, w*^^'' contributed so greatly 
towards the restoration of a general Peace to his Majesty's Dominions. 

It will require no small Force, Gentlemen, to execute with success the 



1755.] JOUKXAL OF THE HOUSE. 359 

Enterprise I propose; and so far as it depends upon nie, yon may reiy 
iipon the Assistance at least of my Regiment to do it. 

Tliis is an object, gentlemen, well worthy yonr closest attention; and J 
should have been greatly wanting in my vigilance for the security & wel- 
fare of his Majesty's good People within this Province, if I had not waruM 
you of it: Whit I propose to you for your consideration may possibly 
prevent a very expensive war, W^'* seems very nearly approaching us. 

If you will make provision for enabling me to pursue the measures 
proper for the occasion, you may l)e assur'd, Gentlemen, that I shall exert 
my best endeavours to carry them into Execution. 

AV. SllIHLEY. 

Council Chambei', FebJ' 12, 1755. 

Copy — Attest, Pr. Thos. Clarke, D'.v Seer. 



Report of Committee on the foregoing Jlessage. 

[Copied from MS. Corr. Yol. II, p. 109.] 

At a great and General Court or Assembly for his Majestys Province of 
the Massachusetts Bay in New Eng'and begun and held at I'oston, upon 
Wednesday the 29*^' day of May 1754, and continued l)y adjnurnmcnts & 
Prorogation unto Wednesday the 5ti> day of February following, & then 
met — 

The Committee to whom was referred the consideration of his Excel- 
lency's Message of the 13"^ and 15"> Instant having maturely deli])eratc(l 
thereon report as their opinion, 

That the attempting to ere(;t a strong Fortress niion tlie eminence near 
to the French Fort at Crown Point or upon some other parts of his Maj- 
esty's lands not far distant from the said Fort is a measure highly neces- 
sary to be forthwith pursued in order to secure his Majesty's TerFitories 
from any further encroachments of the FrencJi, anil to remove such en- 
croachments as have already been made. 

That in order to erect such a Fortress, and to repel any force that may 
be brought to oppose the erecting the same, and to revenge any hostilities 
or i suits that may be ottered during the execution of this design, an army 
of at least rive thousand men will be necessary. 

That his Excellency the Governour be desird forthwith to make the 
necessary preparations for such an Expedition, to appoint and commis- 
sionate a general ollicer to command the same, to advise his Majesty's 
other Governments hereafter mentioned of this design, and in such man- 
ner as he shall think most ell'ectnal to urge them to join therein, and to 
raise their respective proportion of men as follows, viz. New Hamp- 
shire six hundred men, Connecticut one thousand, Phodc Isla- d four hun- 
dred. New York eight hundred, or such larger proportion as each Gov- 
ernment shall think proper. 

That his Excellency be desired to endeavour that his own Kegimeut or 
Sir William Pepperell's or both be employed in this service. 

That as soon as it shall appear that the said number of Five Thousand 
men, including those from this Province, shall be agreed to l)e raised, his 
Excellency be desired to cause to tie enlisted twelve hundred men and to 
promise to each of them a good blanket at their enlistment and twenty- 
six shillings ami eight pence pr month wages during the service, and an 
exemption from all Impresses for three years after the r discharge ; and 
to such of them as shall be provided with sutticient arms, a Dollar over 
and above their Avages, to be paid at the ttrst muster, and full recompence 
for such arms as shall be inevitably lost or spoiled, and that the pay of 
the olKcers shall be the same with that of the officers in the late expedi- 
tion to Keuuebeck. 



360 PKOVINCE OF NEW-HAMPSHIRE. [1755. 

That his Excelloncj- be desired likewise to make application to the Gov- 
erument of New Jersey to raise an additional number of men in propor- 
tion to the circumstances of that Government, to be employed in the ser- 
vice aforesaid, and also to the Government of Pensilvania urging them to 
contribute a ((uantity of Provisions to be transported to Albany for the 
service of the army. 

By order, Joiix Osuorne. 

Eebruary 18, 1755. 

In the House of Kepresentatives February 18, 1755, read & accepted. 
Sunt up for concurrence. T. Hubbard, sp'''': 

In Council, February is, 1755, Read and concurr'd 

Thos. Clarke, Dp-^ SecJ' 



NoTK. — The Act 'passed by the Government of New York, prohibiting 
the carrying Provisions to tlie French, has not been found.— Ed. 



\'oted That Mr. Speaker, Thornas Millet and Peter Giliuan Esq.s 
and Matthew Livennore be a Committee of this House to joyn 
with such as may be appointed by the Honorable the Council to 
consider of the speech made by his Excellency this day to the 
(p. 522.] Hon''''' the Council and Assembly, and make Report 
thereon as soon as may be Avhat they think necessary and expe- 
dient to l»e done by this Province relative thereto. tSent up by 
Messrs (4iddiii<^- i^- Ivnii^ht. [ConciuTcd & CV»ininittee added.] 



Tuesday, ^Vlarch 18'", 1755. 

Meuf. H. Shorburn jun. Esq. took the oath of secresy before 
Meshech Weare Esq. the 14"^ inst. 

Thomas Packer, Esq. Sheriff of the Province bro't into the 
[House] an information in writing setting forth the Huinoas state 
of the Province Goal, tfcc. 

The House ailjourned tdl three of the clock 

P. M. 

Capt. Israel Gilinan .and ^Ir. Jonatiiau L jvewell ttxtk tlie oath 
of secresy. 

Whereas Tiiomas Packer Esq. Sheriff of the Province of New 
Hainp'' hath this day informed this house that his Maj'^" Goal is 
in such a condition, That unless there be something immediately 
done by way of IJepair, no prisoner can be held & kej)t there, and 
also that there have been lately repeated Breaches maile u])on and 
Esca])es from said Goal, Therefore Voted, That Richard Jennes, 
Esq., and Mr. Jonathan Lovewell be a Committee of this House 
to joyn with such as may be ap])ointed by the Honorable the Coun- 
cil to examine into the condition of the s'' Goal and to make or 
cause to be made such Reparations as they shall judge necessary 



1755.] JOURNAL OF THE HOUSE. 361 

(for the present time) and that the expense thereof be defrayd out 
[p. 524.] of that part of the Interest of the Loan of Twenty-five 
Thousand Pounds aj)propriated to & for the Prison and that the s*^ 
Com''^^'^ render an aec' of their proceeding's unto the General As- 
sembly. 

Sent up witli the Sherift"s Information. [Concurred and com- 
mittee added.] 

The copy of the Report of the Committee appointed to con- 
sider of his Excellency's speech on y'' 12"^ Inst, as follows to wit: 

Province of Xew Hampr March 15"', 17.jj. 

The Committee of both Houses appointed ye 12''' Instant to consider of 
and report upon his Excellency's speech made to both houses on 5-<'s'' 12"' 
day, viz, What may be tho't necessary or expedient to ])C done by this 
Province relative to the atfairs therein recommended. Do Report, viz. 

That agreeable to the said vote we have had his Excellency's Speech 
and the sundry other papers therein mentioned and referred to before us, 
and are fully convinced that the fort built and Garrisoned by the French 
at or near the place called Crown Point on the southerly end of Lake 
Champlaiu, is within the undoubted limits of our Sovereign Lord King- 
George, his dominions, and therefore that the erecting said Fort was at 
tirst an Encroachment on his Majesty's Territory's : That it has ever 
been the place from whence the St. Francis and other Indians in League 
with the French King's subjects have made their Incursions on his Majes- 
ty's subjects of New England as well as Xew York, killing and Captivating 
[p. 525!] at every opportunity not only in the time of declared war be- 
tween the two Nations, the English and French, but in the time of the 
most profound peace, many instances of which are too recent to be par- 
ticularly mentioned here : — We are therefore humbly of opinion That the 
erecting of a strong Fortress in that part of his Majesty's dominions, 
and as near to the said French fort as tlie situation of the land and other 
concurring circumstances may admit, is of the last Importance to the 
very being of all his Majesty's Colonys, and as a junction of several of 
the said Colonys and Provinces hath been proposed as absolutely neces- 
sary to effect this important work by carrying this projection into speedy 
execution, and have the same now under tlieir res))ec;,ive Deliberation, 
and it being probable that some of the more Southern Governments, the 
most productive of provisions, will choose to les