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974.2
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1136881
GENEALOGY COLLECTION
EN COUNTY PUBLIC LIBRARY
IlllllillliliilP
3 1833 01092 3909
Early State Papers
new hampshire
IXCIA'DING THE JOURNALS OF THE SeNATE AND HoUSE OK REPRE-
SENTATIVES AND Records of the President and Coun-
cil, FROM June, 1790, to June, 1793,
WITH AN APPENDIX
Containing the Jourxai. of the Senate on the Impeachment
of Woodbury Langdon, the Records of the New Hampshire
Society of the Cincinnati, and Biographical Sketches
of Men Who Sustained Important Relations to the
State Government during the Period Covered
BY those Records and Journals, Taken
FROM the Manuscript Biographies of
Governor William Plumer.
VOLUMK XXII
ALBERT STILLMAN BATCHELLOR,
K 13 1 T O Fi .
CONCORD:
C. Evans, Public Printer,
1893.
JOINT RESOLUTION relating to the preservation and publication of portions of
the early state and provincial records and other state papers of New Hampshire.
Resolved by the Senate and House of Representatives in General Court convened:
That His Excellency the Governor be hereby authorized and empowered, with
the advice and consent of the Council, to employ some suitable person and tix his
compensation, to be paid out of any money in the treasury not otherwise appro-
priated, to collect, arrange, transcribe, and superintend the publication of such
poraons of the early stale and provincial records and other state papers of New
Hampshire as the Governor may deem proper; and that eight hundred copies of
each volume of the same be printed by the state printer, and distributed as follows :
namely, one copy to each city and town in the state, one copy to such of the pub-
lic libraries of this state as the Governor may designate, fifty copies to the New
Hampshire Historical Society, and the remainder placed in the custody of the state
librarian, who is hereby authorized to exchange the same for similar publications
by other states.
Approved August 4, i88r.
PREFACE
1136881
This volume is the third of the series which embodies the
journals of the Senaite and House of Representatives and the
records of the President and Council from the beginning of the
political \'ear 1784-5 to the close of that of 1792-3. These nine
years are recognized as an important epoch in the constitutional
history of the state. The constitution of 1776 (State Papers, Vol.
VIII, p. 2 ; Charters and Constitutions of the United States, by
Ben: Perley Poore, 1878, Vol. II, p. 1279) was intended for
a temporary purpose, and provided for little more than the
establishment of a legislative government to serve a present
emergency. It granted powers in the briefest and most general
terms, and the idea of constitutional limitations had little promi-
nence in it. Circumstances made this instrument, with the con-
temporary Federal compacts, the organic law of the state during
the entire period of the revolutionary struggle.
The next successful attempt at constitution making in the state
resulted in the adoption of the constitution of 1784. The gov-
ernment inaugurated in June of that year was the lirst under
its provisions. Its framers doubtless availed themselves of the
opportunity to examine the new constitutions of other states, then
recently adopted. The forms and usages of government with
which they had become familiar in the provincial and revolution-
ary periods were preserved to a marked extent. The antipathies
which had arisen out of the same experience naturally influenced
the framers in respect to certain features of their work. This
governmental structure, moreover, was enacted amid the uncer-
tainties which overshadowed the constitution makers of that time,
IV PREFACE.
concerning the future of llie Federal relations of the American
.states. Yet the people of the state have never tbunci sufficient
occasion for substituting another constitution for that of 1784 —
that is to say, that constitution lias never given place to any new
or independent state constitution. In fact, no new constitution
lias been submitted for the consideration of the people since 1783.
The courts, and some of those having to do with the revision of
the laws of the state, from time to time, however, had fallen into the
error of referring to the product of the constitutional convention of
1791-2 as the "Constitution of 1792" ; Piercev. State, 13 N. H. 536.
542 ; Baker v. Holdcrness, 26 N. H. no, 114 ; Rich v. Flanders,
39 N. H. 375, 376; Cofp V. Henniker, 55 N. H. 179, 191 : Per-
khis V. Scotl, 57 N. H. 55, 57, 78; King v. Hopkins, 57 N. H
346; Report of Co7nmissioners for Revision of the Lazi's, 1878.
p. 29, note ; General Laws, p. 40, note ; XX State Papers, p. 4.
The publication of the journal of the convention of 1791-2, X
State Papers, 23-196, has facilitated a review of the relations of
the work of that convention to the constitution of 1784. In the
opinions of the court by Allen, J., in State v. Saunders, 66
N. H. 39, 72, and by Carpenter, J., in State v. Griffin, appt.
decided 1890, the historical fact is stated, and it is demonstrated
by the record, that only amendments to the constitution of 17S4
have been submitted and ratified or rejected since that date, and
that the constitution in the form it assumed in 1792 was not sub-
mitted to the people or adopted by them in its entirety. The
constitution of 1784 was amended in 1791-2, by the same process
and by the same constitutional methods that prevailed in the
amendments proposed by the conventions of i8^o, 1876, and
1889.
For citations to acts of the legislature passed from time to time.
which provided for taking the sense of the people as to calling
conventions to provide for constitutional amendments and the
popular votes thereon, see New Hampshire Manual, 1889, p. 66.
The amendments which took efiect in 1793 were important and
radical. By their ojieralion the tbrm of government was materi-
ally modified. This was particularly notable in the redistribution
of powers among the three coordinate branches of government.
The nine years of proceedings in the legislative and executive
departments which constitute the material of the series of volumes
of which this is the third, viz., volumes XX, XXI, and XXII,
were prolific in experience and instruction to those who were first
called to take part in devising amendments to the constitution
of 1784. The legislative journals for the period from 1793 to the
present time are accessible in the original printed form in several
of the public libraries of this and other states. Their contents
may be made available for practical use by the provisions for
indexes which are contemplated by the act of Sept. 11, 1883,
(Laws of 18S3, p. 56), should the wise policy outlined in that
legislation be continued. It has not been deemed advisable, for
reasons above indicated, to continue the publication of this class
of records further than to the end of the political year 1792-3,
which is reached in this volume, bringing the work down to the
beginning of what may be regarded as a distinct period in the
constitutional history of the state.
The plan on which the work has been edited is that outlined in
the prefaces to volumes XX and XXI. With the exception of
references to the volumes of Town Papers, as related to the legis-
lative journals, the presentation of illustrative biographies, notes
and citations, official tables, and exhaustive indexes, is the same
as in the preceding volumes. As in those volumes also, sections
found enclosed in brackets indicate differences between the man-
uscript journals and the official printed edition. The volume also
contains the official record of the proceedings relating to the
impeachment of Woodbury Langdon as a justice of the superior
court, and the journal of the New Hampshire Society of the
Cincinnati.
With the verv complete indexes to the volumes of Town
Papers and Miscellaneous Papers, so called, edited by Mr. Isaac
W. Hammond, and the Index to the Laws, published by the state
in 1886, the volumes of this series are submitted as a contribution
to the material for the history of the American people and of
popular institutions at a time which was of critical importance to
the state and to the republic.
It is a pleasure to renew the expressions of obligation which are
due to His Excellency Governor Smith, and the members of his
Council, and other gendemen in the service of the state, previously
made, for active and generous cooperation in the work.
The Editor.
Table of Contents,
State Officers, 1790-91
Senate Journal, June Session, 1 790
Members of the House, 1790-91 .
House Journal, June Session, 1790
Senate Journal, January Session, 1791 .
House Journal, Januar}' Session, 1791 .
Records of President and Council, 1790-91
State Officers, 1791-92
Senate Joui-nal, June Session, 1791
Members of the House, 1791-92 .
House Journal, June Session, 1791
Senate Journal, November Session, 1791
House Journal, November Session, 1791
Records of President and Council, 1791-92
State Officers, 1792-93
Senate Journal, June Session, 1792
Members of the House, 1792-93 .
House Jmunal, June Session, 1792
Senate Journal, November Session, 1792
House Journal, November Session, 1792
Records of President and Council, 1792-93
1-4
5-31
35-39
40-93
95-' 37
139--44
M5-^74
-75--7S
279-304
307-312
313-364
365-399
401-4S3
4S5-509
5' 1-5 1 3
5 '5-539
543-54S
549-599
60 1 -634
635-7 > 4
715-744
APPENDIX.
Impeachment of Woodbury Langdon
Recortls of N. II. Society of the Cincinnati
Bioo-raphical Sketches ....
747-756
757-S20
S21-S64
New Hampshire Early State Papers,
STATE OFFICERS, 1790-91.
EXECUTIVE DEPARTMENT.
JOSIAH BARTLETT, Kingston, President.
Council.
ROBERT WALLACE, Henniker, Hillsboro\ } Chosen from
JONATHAN FREEMAN, Hanover, Grafton, ^ the Senate.
CHRISTOPHER TOPPAN, Hampton, Rock- \ Chosen from
in oil am, \ the House of
JOSEPH BADGER, Jr., Gilmanton, Strafford, i Refrcscnta-
LEMUEL HOLMES. Surry, Cheshire, ^ I tives.
JOSEPH PEARSON, Exeter, Secretary of State.
WILLIAM GARDNER, Portsmouth. State Treasurer.
STATE SENATE.
June 2, 1790, to June i, 1791.
EBENEZER SMITH, Meredith,
President Pro Tcm. or Senior Senator.
fjOSEPH CILLEY, Nottingham.
NATHANIEL PEABODY, Atkinson.
Rockingham. ^^TER GREEN. Concord.
^ OLIVER PEABODY.i Exeter.
[NATHANIEL ROGERS, Newmarket.
1 Oliver Peaborty, in June, 1790, was appointed .Judge of Probate, and J.anuary 14, in t' i-
winter session, Cbristoplier Toppan was elected Senator. He declined, and on tbe 18
John Bell was elected and served the remainder of the year. A memoir of Oliver Peabo>.y
IS given in Vol. 3, CoUectious of New Hampshire Historical Society, p. 297.
NEW HAMPSHIRE EARLY STATE PAPERS. [179°
County of 5 JOHN WALDRON, Dover.
Strafford, l EBENEZER SMITH, Meredith.
County of 3 EBENEZER WEBSTER, Salisbury.
Hillsboro'. I ROBERT WALLACE, Henniker.
County of <; AMOS SHEPHARD, Alstead.
Cheshire, 'l SANFORD KINGSBURY, Claremont.
County of
Grafton.
J JONATHAN FREEMAN, Hanc
JUDICIARY.
Superior Court of judicature.
JOHN PICKERING,! Portsmouth, Chief Justice.
JOHN DUDLEY, Raymond, ^
WOODBURY LANGDON,2 Portsmouth, \ Punue Justices.
SIMEON OLCOTT, Charlestown, )
JOHN PRENTICE, Londonderry, Attorney-Ceneral.
NATHANIEL ADAMS, Portsmouth, Clerk.
MILITARY ESTABLISHMENT.
His Excellency JOSIAH BARTLETT,
Captain- General, Co7nmandcr-in-Chief, and Admiral.
FIRST DIVISION.
BENJAMIN BELLOWS. Waipnk-. jVaJor-Gencral.
Aids with the Rank of Major.
^MOODY DUSTIN, Chiremont.
"gEORGK S1\\RHAWK. Waljiolc.
1 Mr.Chiof.li i- Im ., ;,i,h rr^^i.l.ni ,,| il,,. Sl;,lr ill .Imu. 1790. On the 17tli of
tluit month A\ i ' ■ ' n-l'lin I iiirllr^ , Sim. mi i il.nii, mid .John Pickering were
noniinatefl in iIm I .1 > n 1 - 1 il, ..1 m i,,.ni i<. i,, rlii.i .instioe. On the 7th of July,
1790. Mr. Picl<i-iiiiK iMi.-. Ill iiiril. :iiiil ..1,1 : 1, ili, ..ilici. till he resigned in 1796 to
accept anapi>ointnieiii t(i ihr oilier iif .111.' :. lii- 1 ni. .1 siiiics District Court, which had
become vacant by the ilintli ..f .Imlt'i .1 ; - 1, Si .■ article by Judge Nesmith on
Judge Pickermg's ciusi', -1 driinilr .!/..»//,
2 Judge Lnnsiiliui. liin ill- 1.1 1 11 ;ii.|...ii,i i,. i.'.ni Washington, commissioner for
settling the an 1 1.. 1 ,. , . ,, 1 1,, l,,.!,, - ,i, ;ii,,| tlic individual States, to which office
he was contiriii. ! ' h. -; I 1 ,, 17:10. resigned liis seat on tlie bench of the
Superior Conn
AttheJuni' - 1,1 \:i< made in the General Court to impeacli
Judge Langil.'ii, .n lii- .hni. il.i 1, :i..i.,l ili.. duties of )iis office on account of the
demands of iiis prniiir liiisnii..ss. 1 hfst' iiriu'cciling.s were not successful. See Morrison '.s
Life of Jeremiah Smith, p. 38.
Timothy Farrar was appointed t
For biographical sketc
179°] STATE OFFICERS, 179O-9I.
SECOND DIVISION.
JOSEPH CILLEY, Nottingham, Major-General.
Aids ivit/i the Rank of Major.
JOSEPH MILLS, Deerfield.
BRADBURY CILLEY, Nottingham.
Brigadicr-Gcucrals.
GEORGE REID, Londonderry.
MOSES DOW, Haverhill.
JONATHAN CHASE, Cornish.
THOMAS BARTLETT, Nottingham.
JAMES HILL, Newmarket.
NOAH LOVEWELL. Dunstable.
Brigade Majors.'^
, Adjutant-General.
SUPPLY CLAPP, Portsmouth, Commissary-Gcucral.
UNITED STATES SENATORS.
1790-91.
JOHN LANGDON, Portsmouth.
Six years, beginningMarch 4. ijSg.
PAINE WINGATE, Stratham.
Four years, beginning Alar ch 4, 178^.
REPRESENTATIVES IN CONGRESS.
1790-91.
Two years from March 4, ijSg.
NICHOLAS GILMAN, Exeter.
SAMUEL LIVERMORE, Holderness.
ABIEL FOSTER, Canterbury.
1 It is supposed that tlie Adjutant-General and Brigade Majors were the same as giv
in the official tables for the previous year, but this cannot be verified in the absence of co
temporary records. No registers for the State were published for the years 1790, '91, '92. '93.
con-
NEW HAMPSHIRE EARLY STATE PAPERS. [^TpO
Tzvo years from March 7, ijgi.
NICHOLAS GILMAN, Exeter.
SAMUEL LIVERMORE, Holderness.
JEREML\H SMITH, Peterborough.
FEDERAL OFFICERS, 1790-1791.
DISTRICT COURT.
JOHN SULLIVAN, Durham, Jtidgc.
JOHN S. SHERBURNE,! Portsmouth. Dislrict Attorney.
JOHN PARKER, Portsmouth, Marshal.
JONATHAN STEELE, Durham, Clerk.
PORT OF PORTSMOUTH.
JOSEPH WHIPPLE, Portsmouth, Collector.
ELEAZER RUSSELL, Portsmouth, Naval Officer.
THOMAS MARTIN, Portsmouth, Surveyor. "^
FISCAL DEPARTMENT.
D.atp of Conliniiation.
JOHN TAYLOR GILMAN (declined) . . Aug. 10, 1790.
WOODBURY LANGDON, Portsmouth, Coiu-
niissionerfor Settling the Accounts between the
United Slates and Individual States . . Dec. 24, 1790.
NATHANIEL GILMAN, Exeter, Connnissioner
0/ Loans ....... Aug. 7, 1790.
WILLIAM GARDNER, Portsmouth, Commis-
sioner 0/ Loans, in place of Nathaniel Oilman,
who declined his appointment .... Dec. 24, 1790.
JOSHUA WENTWORTH, Portsmouth, Super-
visor, District 0/ A'ezv //amphire . . . March 4, 1 791.
iiinuicl Sl.crlmn.p, .Ir. As tci cliange of name, see N. 11. MS.S.
Journal of the Senate
CONTAINING THE PKOC
FROM JUNE 2 TO JUNE 19, 1790.
JOURNAL OF THE SENATE,
At a Session of the General Court holden at Concord June 2'
1790 being the day appointed b)' the Constitution for the annual
Meeting of the General Court.
The Honorable Oliver Peabody, Amos Shepard, John Waldron,
and Sandford Kingsbury Esquires being Elected by the free suf-
frages of the People for year ensuing, attended and took the oath
of Allegience and Office as Senators.
The members present met with the Honorable House of Repre-
sentatives in their Chamber and proceeded to enter the return of
Votes for a President ; having compleated the entry and Chosen a
committee of five [persons to examine] said Entry agreed to ad-
journ 'till to-morrow morning at ten of the Clock A. M. the Senate
then retired to their Chamber and adjourned 'till to-morrow 9,
O'clock A. M.
THURSDAY, June 3" 1790.
Met according to adjournment.
Present as yesterday.
The Senators present met with the Honorable House of Repre-
sentatives after some time spent in debate, the report of the com-
mittee appointed to examine the entr\- of the return of votes for a
President, was read by which it appeared that no President was
Elected bv the people.
Adjourned Undl 4, 0"Clock P. M.
Met with the Honorable House according to adjourn-
ment *And proceeded to ballot for Senators to fill up, * 2-538
the vacancies by which it appeared that the Hon. Gen-
eral Nathaniel Peabody Peter Green, Joseph Cilley and Nathaniel
Rogers [were chosen for the County of Rockingham,] Col.
Ebenezer Smith [for the County of Strafford,] Ebenezer Webster
and Robert Wallace Esq" [for the County of Hillsborough, and]
Jonathan Freeman Esq'' [for the County of Grafton]
-Adjourned the further Elections 'till to-morrow morning.
8 NEW HAMPSHIRE EARLY STATE PAPERS. [179°
[The Senate then retired to their chamber.]
The above Gentlemen appeared in Senate except Joseph Cilley,
Esq' and took and Subscribed the Oath of Allegience and the Oath
of Office, as Senators for the year ensuing.
A Vote, for a committee to join a committee of the Senate to
wait upon the Reverend M' Ogden and return him the thanks of
the General Court for his ingenious discourse this day delivered
before the Legislature, and request of him a copy for the press,
was brought up, read and concurred ; M'' Oliver Peabody, and M''
Green, joined.
Adjourned 'till to-morrow morning 9, O'Clock.
FRIDAY, June 4"' 1790
Met according to adjournment.
Present all the Senate duly qualified.
Upon examination it appeared that the Honorable Ebenezer
Smith Esq'' is Senior Senator. [Who accepted of said office.]
A Vote, tor a committee to join a committee of the Senate to
consider of the petition of James Sheafe, and report thereon, was
brought up, read and concurred. General Peabody, and M"' Oliver
Peabod)-, joined.
A Vote, for a committee to join a committee of the Senate to
consider of the petition of [the town of] Lyman and others, was
brought up, read and concurred, M' Freeman, joined.
A Vote, for a committee to join a committee of the Senate to
consider of the petition of Farwell, and others, was brought up,
read and concurred : M' Webster, and M'' Wallace, joined.
A Vote, for a committee to join a committee of the Senate to
consider of the petition of Jacob Burbank, was brought up, read
and concurred : M'' Kingsbur}-, joined.
A Vote, for a committee to join a committee of the Senate to
consider of all the printers accounts, was brought up. read and con-
curred : M' Waldron, and M'' Rogers, joined.
• 2-539 "The Senate, met with the Honorable House of Repre-
sentatives and adjourned the Elections 'till to-morrow
morning 9, O'Clock. The Senate then retired to their Chamber
A Vote for a committee to join a committee of the Senate to
consider what measures are necessary to be taken respecting the
Records of Deeds in the County of Hillsborough, was brought up,
read & concurred, M' Webster and M' Wallace, joined.
A Vote, for a committee to join a committee of the Senate to
1790] JOURNAL OF THE SENATE. 9
consider of the Petition of the Trustees of the Chesterfield Acad-
emy of the Town of Charlestown and of the Proprietors of the
Aiirean School (so called) and report thereon, was brought up,
read and concurred. General Peabody and M' Green, joined.
A Vote, for a committee to join a committee of the Senate, to
consider of the petition of Abel Allen and report thereon, was
brought up, read and concurred : AP Shepard, joined.
The Honorable House of Representatives informed the Senate
that they had proceeded to make choice of two persons out of the
four who had the highest number of Votes for a President ; and
the ballots being called, taken and counted. The Honorable John
Pickering and the Honorable Josiah Bartlett Esquires, were elected.
Adjourned till to-morrow morning 9, O'Clock
SATURDAY, June 5'" 1790.
Met according to adjournment.
Present as yesterday.
A Vote, lor a committee to join a committee of the Senate to
take under consideration a Letter from the Late President Sullivan
and draught an answer as they may jud[g]e proper and report the
same, was brought up, read and concurred. [AT Green,] M' N.
Peabod}' and M' O. Peabody joined.
The Senate met with the House and adjourned the Elections to
Monday next 4, O'Clock P. M.
The hon. Senate proceeded to the Choice of a President and the
ballots being taken it appeared that the Hon. Josiah Bartlett Esq''
was elected to that Office.
A Vote, for a committee to join a committee of the Senate to
consider and report what method shall be taken to pro-
cure the papers * From M'' Gilman late Comptroller * 2-540
General, was brought up, read and concurred. General
Peabody joined.
A Vote, for a committee to join a committee of the Senate to
Notify His Excellency Josiah Bartlett President elect of his appoint-
ment to that Office, was brought up, read and concurred : M"'
Webster, and M'' Shepard, joined.
[A vote for a Committee, to join a Committee of the Senate, to
make such arrangements as they may think proper, for the recep-
tion of his Excellency Josiah Bartlett, Esquire, President-elect, was
brought up, read, and concurred: General Peabody and Colonel
Green joined.]
lO NEW HAMPSHIRE EARLY STATE PAPERS. [179°
A Vote, that a Special Court of General Sessions of the Peace be
held at Amherst on Thursday the tenth of June Instant and the
Justices of said Court are empowered to adjourn from day to day
to open and examine the returns of Votes for Register of Deeds
in said County and if it should so happen that the late Moses
Nichols should have the highest number of Votes for said Office
the said Court are empowered to issue preceipt to call a meeting of
the Inhabitants in said County to chuse a Register of Deeds for said
Count}' and further empowered to adjourn said Court to some day
Antecedent to the next term to receive the return of Votes for said
Office to proceed to examine said return &c. and to choose some
person at said adjustment to take the Records of said Office into
custody he giving bonds for safe keeping &c. and the person so
chosen is empowered to receive file and minute the time of receiv-
ing the same and entitled to receive six pence for each Deed, was
brought up, read and concurred
Adjourned 'till Monday next 2, O'Clock A. M. [in the afternoon.]
MONDAY, June, 7'" 1790.
Met according to adjournment.
Present as on Saturday, last.
The honorable Senate met with the Honorable House of Repre-
sentatives in their Chamber and adjourned the Elections until to-
morrow 10, O'clock A M.
A Vote, for a committee to join a committee of the Senate to
consider of the petition of Betsy Peirce, and report thereon, was
brought up, read and concurred : M'' Nathaniel Peabody, and M""
Kingsbury, joined.
A Vote, for a committee to join a committee of the Senate to
consider the propriety of [revising] receiving fees for petitions and
report thereon, was brought up, read and concurred : M'' Shepard
and M'' Green, joined.
Adjourned 'till to-morrow morning 8, O'Clock.
THURSDAY, June 8'" 1790
•2-541 *Met according to adjournment.
Present as Yesterday.
A Vote, for a committee to join a committee of the Senate to
inform His Excellency tluit the two branches will be ready to
receive his answer at half after nine of tiie Clock, was brought
up, read and concurred. M'' Nathaniel Peabody, M'' Green, and
M'' Oliver Peabody, joined.
1790] JOURNAL OF THE SENATE. II
A Vote, for a committee to join a committee of the Senate to
take under consideration the Act of Congress &c respecdng
Light houses &c &c. was brought up, read and concurred : M'
Green, and M'' Rogers, joined.
The Honorable Senate met with the Honorable house of Rep-
resentadves in their Chamber. The committee appointed to
inform His Excellency Josiah Bartlett Esq' the President elect
that the two branches would be ready to receive his answer at
half after 9 O'Clock waited on his Excellency to the Assembly
Chamber who delivered his answer of acceptance as President of
said State the Senior Senator then proceeded to administer the
Oaths to his Excellency which being done declared before both
branches of the Legislature that his Excellency was the President
of said State for the year ensuing. The Senate then retired.
The Senate met with the honorable house and proceeded to
ballot for councillors : after balloting several times it appeared
that the tbllowing Gentlemen were chosen Counsellors viz.
The honorable Chistopher Toppan, Joseph Badger, Robert
Wallace, Lemuel Holmes and Jonathan Freeman Esq'''
They then proceeded to ballot for a Secretary and it appeared
upon counting the same that Joseph Pearson Esq"" was chosen to
that office.
They then ballotted for a Treasurer and upon counting the
same it appeared that William Gardner Esq' was [unanimously]
chosen to that ofhce
And also proceeded to ballot lor a Commissary General bj-
which it appeared that Supply Clap Esq'' was Chosen.
Adjourned 'till to-morrow 4, o'Clock P. M.
The Senate then retired to their Chamber. Soon after the
above named Counsillors attended in Senate, took and Subscribed
the usual oaths as Counsillors ; after which Joseph
Pearson Esq'' *Took and Subscribed the oaths as Secre- * 2-542
tary for the Year ensuing
A Vote, ibr a committee to join a committee of the Senate to
consider of the pedtion of H. Sherburne, and report thereon, was
brought up, read and concurred : M" Rogers, joined.
A Vote for a committee to join a committee of the Senate to
consider of the petidon of William Tenney, was brought up, read
and concurred. M'' Oliver Peabody, joined.
A Vote, to pay the account of the Trustees of New-Ipswich
Academy for Boarding J. Bowers amounting to fifteen pounds,
sixteen shillings and seven pence, was brought up, read and con-
curred
12 NEW HAMPSHIRE EARLY STATE PAPERS. [179°
A Vote, for a committee to join a committee of the Senate to
consider of the petition of Wolfsborough, was brought up, read
and concurred : M'' Kingsbury, joined.
A Vote, for a committee to join a Committee of the Senate to
consider of the petition of Josiah Svvett and others and report
thereon, was brought up, read and concurred : M' Wallace,
joined.
A Vote, for a committee to join a committee of the Senate to
consider what is the best method to be taken for choosing Repre-
sentatives to represent this State in Congress, was brought up,
read and concurred. IS'P Oliver Peabody, M'' Shepard, and M''
Rogers, joined.
A Vote, granting the prayer of the petition of Oliver Farwell,
and giving him leave to bring in a bill accordingly, was brought
up, read and concurred
Adjourned 'till to-morrow morning 8, o'Clock A. M.
WEDNESDAY, June, 9'", 1790.
Met according to adjournment.
Present as yesterday.
A Vote, granting the prayer of the petition of Jacob Burbank
and giving him leave to bring in a bill accordingly, was brought
up, read and concurred.
A V^ote, for a committee to join a committee of the Senate to
consider of the petition of William Simpson Esq'' and report
thereon, was brought up, read and concurred M' Oliver Peabody,
and M' Shepard, joined.
A Vote, granting the prayer of the petition of Abel Allen, and
giving him leave to bring in a bill accordingly, was brought up,
read and concurred.
A Vote, for a committee to join a committee of the
•2-543 Senate to "Consider of Sundry petitions relative to mill
dams, was brought up, read and concurred : M' Shepard
M' Webster, and M' Rogers, joined.
A Vote, for a committee to join a committee of the Senate to
consider of the petition of Jonathan Bunker, and report thereon,
was brought up, read and concurred. M' Green, joined.
A Vole, for a committee to join a committee of the Senate to
consider of the Petition of the Inhabitants of Starks, and M'Mil-
lians Locations, was brought up, read and concurred : M'' Smith
joined.
1790] JOURNAL OF THE SENATE. I3
A Vote for a committee to join a committee of the Senate to
consider of tlie petition of Samuel Davis, was brought up, read
and concurred : M"^ Oliver Peabod}' and M' Shepard joined.
A Vote, for a committee to join a committee of the Senate to
consider of the petition of Joseph Kimbal, was brought up, read
and concurred.
A Vote, for a committee to join a committee of the Senate to take
under consideration His Excellency's Message and to draught an
answer, also report what business is necessary iirst to be entered
upon, was brought up, read and concurred : M"' Oliver Peabody.
M'' Green and M'' Freeman, joined.
A Vote, for a committee to join a committee of the Senate to
consider of the petition of William Lowel, was brought up, read
and concurred. M' [N.] Peabody, joined.
A Vote, for a committee to join a committee of the Senate to
inform William Gardner Esq. of his appointment as Treasurer
and receive of him a bond in usual Form and lay the same before
this House, was brought up, read and concurred. M'' Nathaniel
Peabody joined.
Adjourned 'till to-morrow morning 8, o'Clock.
THURSDAY, June io'" 1790.
Met according to adjournment
Present, all the Senate.
A Vote, to hear the petition from Wolfsborough on the second
Thursday of the ne.\t Session, was brought up, read and con-
curred.
A Vote, of Yesterday that the remainder of the hearings which
were to be then heard be postponed to this day, was brought up,
read, and concurred
* A Vote, for a committee to join a Committee of the * 2-544
Senate to consider of the petition of Ozias Silsby, and
report thereon, was brought up, read and concurred : M' Rogers,
and M' Freeman joined.
The Hon. Joseph Cilley Esq' attended and took the Oaths as a
Senator and his Seat at the Senate Board.
A Vote, for a committee to join a committee of the Senate to
consider of the petition of Jonathan Cass, and report thereon, was
brought up, read and concurred. M" Webster and M'' Smith
Joined.
A Vote, for a committee to join a committee of the Senate to
14 NEW HAMPSHIRE EARLY STATE PAPERS. [179°
consider of a Letter from Judge Hubbard, was brought up, read
and concurred M'' Kingsburj^ and M'' Smith joined.
A Vote, for a committee to join a committee of the Senate to
consider of the Petition of Capt. Tliomas Leavett, and report
thereon, was brought up, read and concurred : General Peabody
and Col. Green, joined.
A Vote, lor a committee to join a committee of the Senate to
consider of the petition of David Webster Esq'' and report thereon,
was brought up, read and concurred : ISP Waldron, and ISP'
Cilley, joined.
A Vote, for a committee to join a committee of the Senate to
consider of the petition of the Selectmen of Concord in the
County of Grafton and report thereon, was brought up, read and
concurred. M'" Smith and M'' Cilley, joined.
A Vote to accept the report on the petition of James Sheafe
and others, and giving them leave to bring in a bill, was brought
up, read and concurred
A Vote to accept the report of the Committee appointed to ascer-
tain the West and North lines of the Town of Derrytield, was
brought up, read and Concurred
A Vote, granting the prayer of the petition of James APGregore
Esq' and giving him leave to bring in a bill accordingly ; Also
that he give Bonds to the Judge of Probate to account for the pro-
ceeds, was brought up, read and concurred.
A Vote, for a committee to join a committee of the vSenate to
consider of the petition of Samuel Camfield. and report thereon,
was brought up, read and concurred. AP W^aldron, joined.
A Vote for a committee to join a committee of the Senate to
consider of the Account of Josiah Gilman, and others, and report
tiiereon, was brought up, read and concurred. General Peabod}',
joined.
A Resolve, that the Inferior Court of Common Pleas by
" --545 Law * To be holden at Dover on the third Tuesday of
June Instant as well as the Court of General Sessions,
be and hereby are adjourned, to the second Tuesday of July next
then to be holden at Dover and all writs &c. are to be returned
and sustained at said Courts to be holden on the second Tuesday
of July next at Dover, was brought up, read and concurred.
A Vote, to pospone the hearing on the petition of General Sul-
livan until Tuesday next, was brought up, read and concurred.
A Vote, to hear the petition of the Inhabitants of New-London,
on the second Wednesday of the next Session, was brought up,
read and concurred.
1790] JOURNAL OF THE SENATE. I5
A Vote, for a committee to join a committee of the Senate to
consider of the Petition of the proprietors of Morristown and re-
port thereon, was brought up, read and concurred: M' Freeman
and M'' Cilley, joined.
A Vote, for a committee to join a committee of the Senate to
consider of the petition of the Inhabitants of Lyndsborough and
otlier Towns and report thereon, was brought up read and con-
curred, M'' Wallace and M'' Green, joined.
A Vote, that the bond signed b}' the Treasurer M" Peabody and
M'' Conner be accepted as fully satisfactory, was brought up, read
and concurred.
A Vote, to hear the petition of the Inhabitants of Thornton on
the second Thursda}' of the next Session, was brought up, read
and concurred
A Vote, to pospone the hearing on the petition of Joseph Kim-
bal untill the second Wednesday of the next Session, was brought
up, read and concurred.
A Vote, lor a committee to join a committee of the Senate to
consider of the petition of Jonathan Woodley, [Woolley] and
report thereon, was brought up, read and concurred : M' [N.]
Peabod)', and M'' Cilley, joined.
A Vote, to accept the Answer of the Committee to the Late
President and that the}- present the same to John Sullivan Esq'
was brought up, read and concurred.
Adjourned 'till 8 o'Clock to-morrow morning.
FRIDAY June ii"' 1790.
Met according to adjournment
Present as yesterday.
A Vote, for a committee to join a committee of the Senate to
consider of the petition of Elizabeth M'Clary, and re-
port thereon. *Was brought up, read and concurred: * 2-546
M' Webster joined.
A Vote, to hear the petition of the Selectmen of Concord [alias]
on the second Frida}' of the next Session, was brought up. read
and concurred.
A Vote to allow Ozias Silsby six pounds in full for his Services
[for the postage of publick paper,g,] was brought up, read and
concurred.
A Vftte. for a committee to be added to the committee on the
account of J Swett, was brought up, read and concurred : M'
Shepard, joined.
l6 NEW HAMPSHIRE EARLY STATE PAPERS. [l790
A Vote, that the [inhabitants on the] Locations granted to A.
M'Millian, W. Stark, P. Bayley, V. Roj^ce, and James Gray, in
the County of Grafton be classed together in one district and em-
powered to choose all necessary Officers for assessing &c. was
brought up, read and concurred.
A Vote, that Samuel Davis ought to apply to the Court of the
General Sessions of the Peace in the County of Cheshire to re-
mit the fine Mentioned in his petition, was brought up, read and
concurred
A Vote, for a committee to join a committee of the Senate to
consider of the Petition of Moses Dow, and report thereon, was
brought up, read and concurred. M'' Smith joined.
A Vote, for a committee to join a committee of the Senate to
consider of the petition of the Re\erend Oliver Noble, and report
thereon was brought up, read and concurred : M' Green, joined.
A Vote, that the petition of Weymouth [and] Wallace be referred
to the Committee on the petition of William Lowell, was brought
up, read and concurred.
A Vote to pospone the hearing on the petition of Jacob llurd
to the second Frida}- of the next Session, was brought up, read
and concurred
A Vote appointing Captain Stephen Dole of Bedford Elijah
Frink Esq'' of Lemster and Timothy Taylor of Merrimac a Com-
mittee to view certain lines relative to a petition requesting an in-
corporation of Campbell's Gore, was brought up, read and con-
curred.
A Vote, for a committee to join a committee of the Senate to
consider of the petition of the Selectmen of Unity and others,
was brough[t] up, read and concurred: M' Shepard, joined.
A Vote, for a committee to join a committee of the Senate to
consider of the petition of Gideon Tiffany, and report thereon,
was brought up, read and concurred : M' Green, joined.
A Vote, for a committee to join a Committee of the Sen-
ate to consider of the petition of Daniel Rindge Esq''
•2-547 and others "Was brought up, read and concurred : Gen-
eral Peabody joined
A Vote, for a committee to join a committee of the Senate, to
nominate six persons out of whom for three to be appointed a
committee to settle the accounts'betvveen this State and the Treas-
urer thereof, was brought up, read and concurred. M'' N. Pea-
body, and M'' Kingsbury, joined.
A Vote, for a committee to join a committee of the Senate to
*I790] JOURNAL OF THE SENATE. 17
consider of the petition of Joseph Kimbal, and report thereon,
was brought up, read and concurred : M' Rogers, joined.
A Vote, for a committee to join a committee of the Senate to
be added to the Committee appointed to Consider what is the best
method to be taken for choosing Representatives to Congress,
was brought up, read and concurred. M"^ Cilley, and M"' Freeman,
joined.
A Vote to refer the petition of the Selectmen of Portsmouth to
the committee on the petition of the Trustees of Chesterfield
Academy, was brought up, read and concurred.
A Vote, to refer the petition of the Inhabitants of Strafford
to the committee of Chesterfield Academy, was brought up, read
and concurred.
Adjourned 'till to-morrow morning 8 O'Clock.
SATURDAY, June 12"' 1790.
Met according to adjournment.
Present as Yesterday.
A Vote to receive and accept the Answer reported by the com-
mittee &c on His Excellency's Message, was brought up, read
and unanimously concurred
A Vote, for a committee to join a committee of the Senate to
consider of the petition of Isaac Moore, and report thereon, was
brought up, read and concurred : M'' Kingsburj', joined.
A Vote, for a committee to join a committee of the Senate to
consider of the petition of Jonathan Cass, was brought up, read
and concurred M"' Freeman, and M'' Waldron, joined.
A Vote, that John Hubbard Esq'' Judge of the Probate for the
County of Cheshire be requested to order the Trustee of the Estate
of Breed Batcheldor to pay the ballance due to this State to the
Treasurer in public Securities of this State, was brought up, read
and concurred.
A Vote, to pospone the hearing of the petition from the Towns
of Wendell, Lemster, Unity, Newport, and Fishersfield
to the second * Thursday of the next Session, and that * 2-548
Captain Jeremiah Stiles of Keen, Lemuel Holmes Esq"'
of Surry, and Major Daniel Warner of Amherst be a committee (at
the expence of the Petitioners) to \iew the situation of said petition-
ers and report their opinion [on] at the next Session. Said Com-
mittee are to notify the several Towns to attend them at the time
and place of their Meeting, was brought up, read and concurred.
Adjourned 'till Monday next three of the Clock P. M.
.l8 NEW HAMPSHIRE EARLY STATE PAPERS. [l790
MONDAY June, 14'" 1790.
Met according to adjournment.
Present as yesterday, [on Saturday last.]
An Act in addition to and amendment of an Act entitled an act
to restore John Hogg and others to their Law, having been read a
third time. Voted that the same be enacted.
A Vote, granting the prayer of the petition of Cyrus Balwin,
and giving him leave to bring in a bill accordingly, was brought
up, read and concurred.
A Vote to liear the petition of Elijah Frink in behalf of S. Cam-
field on the second Wednesday of the next Session, was brought
up read and concurred
A Vote, for a committee to join a committee of the Senate to
consider of the petition of General Reid and all Invalids belong-
ing to this State, was brought up, read and concurred. General
Peabody and General Cilley, joined.
A Vote, to hear the petition of Gideon Tiffany on the second
Thursday of the next Session, was brought up, read and con-
curred.
A Vote, to hear the petition of the Selectmen of Lyman on the
Second Friday of the next Session, was brought up, read and
concurred.
A Vote, for a committee to join a committee of the Senate to
consider of the petition of the Selectmen of Wendall, was brought
up, read and concurred : M'' Kingsbur}', joined.
A Vote, granting the prayer of the petition of Moody Bedel and
giving him leave to bring in a bill accordingly, was brought up,
read and concurred.
A Vote for a committee to join a committee of the Senate to
take under consideration what Business is yet necessary to be
done at this Session and at what time and place this Court
* 2-549 sliall * Be adjourned : Also consider what allowance shall
be made to the members of the Honorable Senate and
House of Representatives and their Officers for travel and attend-
ance at this Session, was brought up, read and concurred: M"
Smith M' N. Peabody, and M'' Freeman joined.
A Vote, for a committee to join a committee of tiie Senate to
consider of the petition of James Houston, was brouglit up, read
and Non-concurred.
A Vote, to hear llie petition of William Burrows on the Second
Thursday of the next Session, was brought up, read and con-
curred.
1790] JOURNAL OF THE SENATE. I9
A Vote, for a committee to join a committee of the Senate to
consider of a Letter from M'' Odiorne, and report thereon, was
brought up, read and concurred. General Peabody, and M'' Web-
ster, joined.
A Vote for a committee to join a committee of the Senate to
consider of the propriet}' of the Treasurer issuing extents for out-
standing Taxes excise and Impost, and report thereon, was brought
up, read and concurred: M'' Rogers, and M'' O. Peabody, joined.
A Vote, to hear the petition of the Selectmen of Alexandria on
the second Thursday of the next Session, was brought up, read
and concurred.
A Vote, for a committee to join a committee of the Senate to
draught a bill for establishing permanent and honorable Salaries
for the Justices of the Superior Court & was brought up, read and
concurred General Peabody and Col. Peabody, joined.
A Resolve that His Excellency the President be requested to
direct the Several Judges of Probate immediateh' to call on the
Estates of Absentees to settle their accounts and pay the Treasurer
the balances due thereon in failure thereof to deliver the bonds of
such Trustees into the hands of the Attorney General to be prose-
cuted, was brought up, read and concurred
A Vote, for a committee to join a committee of the Senate to
consider of the petition of William Hastings, and report thereon,
was brought up, read and concurred : M'' Rogers, joined.
Adjourned 'till to-morrow morning 8, o'Clock.
TUESDAY, June, 15'" 1790.
Met according to adjournment.
Present as j'esterday.
A Vote, to pay the balance of the Account of R. [Rich-
ard] H. Osgood, amounting * To one pound twelve shil- * 2-550
lings and ten pence, was brought up, read and concurred.
A Vote, to pay the account of J. Lock amounting to eighteen
Shillings, was brought up, read and concurred.
A Vote, that the Treasurer receive of Major Jonathan Cass the
sum of one hundred and twent}' pounds in the Securities of this
Stale in part payment of an Extent for Excise now l^'ing against
said Cass and that the Extent for the remainder of said bond be
stayed untill the next Session which being considered. Voted that
it be accepted with this alteration that the Treasurer receive one
hundred pounds only in State Securities was brought up, read and
concurred.
20 NEW HAMPSHIRE EARLY STATE PAPERS. [179°
An Act, to enable Oliver Farvvell and Daniel Stearns to sell the
real Estate of Joseph Hodgman late of Merrimac Deceased Intes-
tate, having been read a third time, voted that the same be enacted
A Vote, to pospone the hearing of the petition of S. Herriman
and others and Charles Johns [t] on and others to the second Tues-
day of the next Session, was brought up, read and concurred.
An Act to enable the Superior Court of Judicature for the
County of Rockingham to be holden at Portsmouth on the Iburth
Tuesday of April 1791, to take cognizance of and give Judgment
in an Action wherein William Jame [James] of Bristol in the
County of Bristol and Kingdom of Great Britian, Merchant, was
Appellant against George Meserve of Portsmouth in the Province
of New-Hampshire Merchant Appelee, having been read a third
time, Voted that the same be Enacted.
A Vote, granting the prayer of the petition of John Sullivan
Esquire and giving him leave to bring in a bill accordingly, was
brought up, read and concurred.
A Vote, for a committee to join a committee of the Senate to
consider of the petition of Jonathan [John] Porter, and report
thereon, was brought up, read and concurred. M"' Rogers, and M'"
Smith, joined.
A Vote, that Nathaniel Gilman Esq"' of Exeter the Honorable
Nathaniel Rogers Esq'' of Newmarket and Nathaniel Parker Esq''
of Exeter be a committee to settle the Account between this
State, and the Treasurer thereof, and that they report at
* 2-551 * The next Session, was brought up, read and concurred
with this amendment that Col. [J.] Wentvvorth, and Col.
Supply Clap, be added to the above Committee
A 'Vote, granting the prayer of the petition of Joseph Blake and
giving him leave to bring in a bill accordingly', was brought up,
read and concurred.
A Vote granting the prayer of the petition of Ebenezer Brew-
ster and giving him leave to bring in a bill accordingly at this or
the next Session, was brought up, read and concurred.
A Vote, granting the prayer of the petition of the Selectmen of
'Wentworth and giving him leave to bring in a bill accordinglv.
was brought up, read and concurred
A Vote, granting the prayer of the Petition of the Selectmen of
Warren and giving them leave to bring in a bill accordingly, was
brought up, read and concurred.
A 'Vote, granting the prayer of the petition of the Selectmen of
New-Chester, and Bridgewater, and giving them leave to bring in
1790] JOURNAL OF THE SENATE. 21
a bill accordingly, at this or the next Session, was brought up,
read and concurred.
Adjourned 'till to-morrow morning 8, O'Clock.
WEDNESDAY, June i6''> 1790.
Met according to adjournment.
Present as yesterday.
An Act to empower Abel Allen to sell certain Lands in Ches-
terfield in the County of Cheshire belonging to his Wards having
been read a third time, zwtcd that the same be enacted.
A Vote [of the House] of the fifteenth Instant [that] the
remainder of the hearings which were to have been on that Day be
posponed until this day was brought up, read and concurred.
A Vote, tor a committee to join a committee of the Senate
to consider of the petition of Job Dow, was brought up, read and
concurred: M'' Cilley, and M'' Smith, joined.
A Vote, for a committee to join a committee of the Senate
to consider of the petition of the Selectmen of Bath, was
brought up, read and concurred: M"^ Green and M' Kingsbury,
joined.
*A Vote, that Jaasiel Herriman have Liberty to re-enter * 2-552
his Action at the Inferior Court next to be holden in the
County of Grafton, and plead to said Action as fully as though
no default had taken place, and that he have leave to bring in a
bill accordingly, was brought up, read and concurred.
A Vote, to pospone the hearings on the petition of the Select-
men of Alstead, Jonathan Blake, and of the Selectmen of Wen-
dall, to the second Tuesday of the next Session, was brought up,
read and concurred
A Vote, granting the prayer of the petition of J. Blanchard and
giving him leave to bring in a bill accordingly, was brought up,
read and concurred.
A V^ote, for a committee to join a committee of the Senate
to consider of the proposals of William Page for a tract of Land ;
also consider of the Propriety of disposing of the unlocated Lands
in the Northerly part of this State, was brought up, read and con-
curred : M'' Smith and M"' Freeman, joined.
A Vote, to hear the petition of the Inhabitants of Eaton and
Burton on the Second Tuesda}- of the next Session, was brought
up, read and concurred.
A Vote, for a committee to join a committee of the Senate
22 NEW HAMPSHIRE EARLY STATE PAPERS. [179°
to consider of the petition of the Heirs of Col. John Wentworth
Deceased, and report thereon, was brought up, read and con-
curred : M'' Green, and M"' Cilley, joined.
A Vote, to pay the Account of Captain David Hough amount-
ing to three pounds, twelve shillings, was brought up, read and
concurred
A Vote, granting the prayer of the petition of the Inhabitants
of Cardigan and giving them leave to bring in a bill accordingly,
was brought up, read and concurred
A Vote, for a committee to join a committee of the Senate,
to consider of the petition of Major Boj'nton, was brought up,
read and concurred : M"' Webster, joined.
A Vote granting the pra3-er of the petition of Sarah Sherburne,
and giving her leave to bring in a bill accordingh-, was brought
up read and concurred.
A Vote, for a committee to join a committee of the Senate
to consider of the petition of G. [George] Hough, and all Simi-
lar matters, was brought up, read and concurred : AP Waldron
and M"" Webster joined.
A Vote, to hear the petition of Elizabeth M'Clary on the second
Fridaj' of their next Session, and that she cause N.
* 2-553 Gilman of * Newmarket [to be served] with a Copy of
the petition &c &c. was brought up, read and concurred.
A Vote, granting the praj'er of the petition of the Selectmen of
Packersfield and giving them leave to bring in a bill accordingly,
was brought up, read and concurred.
A Vote, for a committee to join a committee of the Senate to con-
sider of the Propriety of exempting the body of Debtors from
being imprisoned by executions &c. &c. was brought up, read and
concurred: General Peabody, Col. Peabody, and Col. Shepard,
joined.
A Vote, for a committee to join a committee of the Senate
to consider what shall be done with the Money in the Treasury,
was brought up, read and concurred : M' Nathaniel Peabody, and
M"' Shepard, joined.
A Vole, to pospone the hearing on the petition of Joseph Hicks
to the third Wednesday of the next Session, was brought up. read
and concurred.
An Act to incorporate certain Locations in the County of Graf-
ton by the name of Bartlett, having been read a third time Va/cd
that the same be enacted
A Vote, that the Secretary be requested to liu-nish the Several
1790] JOURNAL OF THE SENATE. 23
Printers in this State with a Copy of the report of the committee
on County lines, as soon as convenient!}' may be, and that the
several printers be requested to print the same in their news
papers three Weeks successivel}' and that the further considera-
tion of said report be posponed untill the next Session was
brought up, read and concurred.
A Vote, granting the prayer of the petition of the Selectmen of
Protectworth, and giving them leave to bring in a bill accordingly,
was brought up, read and concurred.
[State of New Hampshire.
In Senate, June i6"' 1790.]
Whereas a Resolve passed the General Court on the tifteen
day of June current, that a special Court of the General Sessions
of the Peace should be holden at Amherst in and for the County
of Hillsborough on Thursday the tenth day of June current lor
the purpose of examining the returns of Votes for Register of
Deeds in said County and that the Justices of said Court were in
and by said Resolve empowered to adjourn from day to day for
said purpose, and Whereas said special Court is not empowered
to transact any other business.
Be it therefore Resolved, that the said Special Court of General
Sessions of the Peace at any time where it shall Sit by
adjournment as * Aforesaid, previous to the next Session * 2-554
of said Court by Law established be empowered to con-
sider the situation of Josiah Kenney now a prisoner in the Goal
in Amherst and remit to or take security from him tor the fine
imposed on him by the Superior Court of Judicature holden at
said Amherst in October last, if said Court shall think proper in
the same manner that the said Court might do at an}' Session
established by Law, Sent down for concurrence, brought up, con-
curred.
A Vote, to accept the report of the committee appointed to
consider what is the best method for choosing Representatives to
Congress and that M' Plumer, M'" Toppan, and M'' E. Smith
with such of the Honorable Senate as they may Join be a com-
mittee to draught a bill, was brought up, read and concurred : M'
Oliver Peabody, Joined.
A Vote, granting the prayer of the petition of Limuel Holmes
in behalf of Gilsom and Sullivan, and giving them leave to bring
in a bill at this or the next session, was brought up, read and
concurred.
24 NEW HAMPSHIRE EARLY STATE PAPERS. [179°
An Act, to enable the Inhabitants of the one Mile Slip and
Doxbury school Farm to lay out, make and repair all necessary
highways and Bridges within their district And to raise money
and apply it for the schooling their Youths in the same manner as
the several incorporated Town in this State are empowered by
Law to do, having been read a third time. Voted that the same be
enacted.
Adjourned 'till to-morrow 9, o'Clock A. M.
THURSDAY, June 17"' 1790.
Met according to adjournment.
Present as yesterday.
A Vote, tor a committee to join a committee of the Senate to
consider of the Treasurers Letter, and report thereon, was brought
up, read and concurred : M"' Smith joined.
A Vote, for a committee to join a committee of the Senate to
consider of the [petition] of S. Hobart, and report thereon, was
brought up, read and concurred : M'' Rogers, M'' Shepard, and M''
Wallace, joined.
A Vote, for a committee to join a committee of the Senate to
consider of the petition of Moore Russell, and report thereon, was
brought up, read and concurred : M'' Webster, joined.
* -~55S *^ Vote, for a committee to join a committee of the Senate
to consider of the petition of Col. Jonathan Wentworth
and report tliereon, was brought up, read and concurred : M''
Webster, joined.
A Vote, to refer the account of J. Eames Esq'' to the committee
on the petition of Moore Russell, was brought up, read and con-
curred.
A Vote, to liear the petition of tlie Inhabitants of Coventry on
the Second Friday of the next Session, was brought up, read and
concurred.
A Vote, to hear the petition of the Heirs of [the Estate of] Col.
John Wentworth on tiie third Wednesday of tlie next Session, was
brought up, read and concurred
A Vote, for a committee to join a committee of the senate to
consider of the petition of Eliphalet Giddinge, and Nathaniel Gid-
dinge, was brought up, read and concurred : General Peabod}-,
joined.
A Vote, for a committee to join a committee of the Senate to
consider of the Petition of Hanson Might, was brought up, read
and concurred : M'' Waldron joined.
1790] JOURNAL OF THE SENATE. 2$
A Vote, for a committee to join a committee of the Senate to
consider of the petition of Thomas Cochran Jun'' was brought up,
read and concurred. M"' Green, joined.
A Vote, for a committee to join a committee of the Senate to
consider of the petition of Smith Emerson, was brought up, read
and concurred : M'' Green, joined.
A Vote, that Thursday theTwenty fifth day of November next be
observed as a day of public Thanksgiving throughout this State,
and that His Excellency the President with advice of Council be
desired to issue a Proclamation seasonably for that purpose, was
brought up, read and concurred.
An Act to enable Jacob Burbank to sell the Lands of his
Ward, having been read a third time. Voted that the same be
enacted.
A Vote, grandng the prayer of the pedtion of Thomas Leavett,
and giving him leave to bring in a bill accordingly, was brought
up, read and concurred.
A Vote, to hear the petition of the Inhabitants of Part of Lynds-
borough on the third Wednesday of the next Session, was brought
up, read and concurred.
An Act directing the mode of choosing Representatives to Con-
gress of the United States, having been read a third time, Voted
that the same be enacted.
A Vote, for a committee to join a committee of the Senate to
consider of the petition of a number of the Creditors to
the Estate of Thomas [Parker] Packer, * and report * 2-556
thereon, was brought up, read and concurred : M"' Green,
joined.
Adjourned 'till to-morrow 9, O'Clock A M.
FRIDAY, June, iS'" 1790.
Met according to adjournment.
Present as j'esterday.
An Act to enable Jonathan Sherburne of Portsmouth Phj-sician
to enter an appeal at the next Superior Court to be holden at Keen
in and for the County of Cheshire from a Judgment rendered
against the said Jonathan by default in an action of covenant
broken commenced against him and others by Jonathan Whitcomb
Esq'' and to enable Sarah Sherburne and Samuel Penhallow who
were sued with the said Jonathan Sherburne but not summoned to
become parties of said Suit, having been read a third time, voted
that the same be enacted
26 NEW HAMPSHIRE EARLY STATE PAPERS. [179°
An Act to empower the Judge of the Court of Probate of Wills
for the County of Grafton to allow a further time for the Commis-
sioners on the Estate of Timothy Bedel late of Haverhill in said
Count}' of Grafton Esq"' Deceased represented insolvent to receive
examine and report the claims against said Estate, having been
read a third time, Voted that the same be enacted.
An Act, to restore John Sullivan Esq"' to his Law, in an Action
heretofore brought by him against Ebenezer Thompson Jun. for
defamation and James Sullivan in an Action heretofore brough[t]
by him against said Ebenezer Thompson Jun'' for Assault and
Battery and also restore John Sullivan Jun' James Sullivan, George
Sullivan, Jonathan Steel, and Micah Davis to their Law, in an Action
brought against them by the said Ebenezer Thompson Jun'' for
Assault and Battery and to set aside the report of certain Referees
and the Judgment of Court thereon in said Actions, having been
read a third time. Voted that the same be enacted.
An Act to alter the time of holding the annual Meeting in the
Town of Chester, having been read a third time. Voted that the
same be enacted.
An Act, in addition to an Act entitled and Act to enable the
Selectmen of Moultonborough to Assess Levy and collect a Tax
on all the Lands of non-resident Proprietors in said Town for
building Bridges and repairing highways in said Town, having
been read a third time. Voted that the same be enacted.
A Vote, to hear the petition of William Boynton, on the third
Wednesday of the next Session, was brought up, read and con-
curred.
* 2-557 *A "V^ote, appointing Supply Clap, Nathaniel Rogers,
& Nathaniel Gilman Esq''* a committee to settle the Ac-
counts [between] this State and the Treasurer thereof and that
they report at the next Session of the General Court, was brought
up, read and concurred.
A Vote, to pa}' Jeremiah Eames Esq'' one pound, .seven shillings
in full of his Account for attending the SheritT serving Preceipts
on Cockburn, and others [other towns] was brought up, read and
concurred.
A Vote, to hear the petition of Hanson Hight on the third
Wednesday of the next Session, was brought up, read and con-
curred.
A Vote, to pay Moore Russell three pounds ten shillings in full
of his Account, [for serving summonses on Cockburn, and other
towns,] was brought up, read and concurred.
1790] JOURNAL OF THE SENATE. 2*]
A Vote, to pay the account of Benjamin Hannaford amounting
to seven pounds, for an election Dinner, was brought up, read and
concurred.
A Vote, to hear the petition ot' T Cochran, Jun'' on the second
Tuesday of the next Session, was brought up, read and concurred.
A Vote that the allowance to the members of the Honorable
Senate Council and House of Representatives, and their Officers
be the same as was allowed at the last Session of the General
Court, was brought up, read and concurred.
A Vote, to pay Thomas Bartlett Esq"' thirty shillings Robert
Wallace Esq' forty shillings, Amos Shepard Esq'' thirty shillings,
the Committee on County lines, was brought up, read and con-
curred.
A Vote that the next Session of the General Court be holden at
Concord was brought up, read and concurred
A Vote, to pay the Roll of Captain Titus Salter amounting to
forty two pounds, was brought up, read and concurred.
A Vote, to pay John Melcher thirty pounds nine shillings, [for
printing ;] Henry Ranlet six pounds, eighteen [eight] shillings
and one penny, [for ditto;] George J. Osborne, thirty seven
pounds ten shillings, [for ditto ;] John Lamson three pounds two
shillings [for ditto — ] in full of their account, was brought up,
read and concurred.
A Vote, that the Treasurer receive a Certificate signed by David
Morrill and Leavitt Clough Selectmen of Canterbury dated Decem-
ber 18"' 1789: also a Cerdficate signed by Michael Dwyer dated
N. [New] Holderness [6th November, 1787,] Respecting killing
Wolves, was brought up, read and concurred.
A Vote, that the Travel Rolls for the payment for the Travel of
the Members of the Honorable Senate an house of Representa-
tives and their Officers the present Session be paid out of the
Money now in the Treasurj^ of this State, was brought
up, read and concurred * With this Amendment, that the * 2-558
Senate and Secretarj' be paid their Wages out of [the
money in] the Treasury and that the Council and Secretary be paid
for their travel and attendance in the recess in the same way.
Sent down for concurrence, brought up, [concurred with this
amendment, that the Representatives receive their wages in the
same manner: — The above amendment] non concurred.
An Act in addition to an Act intitled an act vesting certain
powers in the commissioners appointed to receive and examine
the Claims Against the Estate of Jonathan Moulton late of
28 NEW HAMPSHIRE EARLY STATE PAPERS. [l790
Hamp[t]on Esq"' deceased, and in the Executors of his last will and
testament, having been read a third time, ]"otcd that the same be
enacted.
A Vote, to pay the Account of John Waldron and Ebenezer
Smith, selling Excise, was brought up, read and concurred.
A Vote, that the Treasurer have Liberty of Absence from his
Office on the last week in June, [September] December and
March, was brought up, read and concurred.
A Vote, to pay the account of Jonathan Gage amounting to two
pounds sixteen shillings and four pence at the Sale of Excise, was
brought up, read and concurred.
A Vote, to pay the Account of Josiah Gilman Jun' fifteen pounds
as one of a committee on Continental Accounts, was brought up,
read and concurred.
An Act to restore Jaasiel Herriman to his Law, having been
read a third time, V^olcci that the same be enacted.
A Vote, to pa}^ the balance of the account of John Calfe Esq''
amounting to five pounds eighteen Shillings, and six pence, was
brought up, read and concurred
A Vote, to hear the petition of Col. Giddinge on the third
Wednesdaj' of the next Session, was brought up, read and con-
curred.
A Vote, to allow the Rev'd Lsrael Evans forty shillings as Chap-
lin, [to the General Court] was brought up. Read and concurred.
An Act to vocate and Annul a certain Deed made by Joseph
Blake to his Son Isaac Blake Dated January 3'' 1790, having been
read a third time, Voted that the same be enacted
An Act to incorporate the Township of Cardigan into a Town
by the name of Orange, having been read a third time, ]^otcd
that the same be enacted.
A Vote, to pay the account of J. Nelson amoundng to eight
pounds six shillings and four pence for horse carriage t&c. to Con-
cord was brought up, read and concurred.
* 2-559 *A Vote, to pay Richard H. Osgood, one pound, thirteen
Shillings and seven pence, was brought up, read and
concurred.
A Vote, for a committee to enquire whose property the Iron
Chest is, now in the hands of the Treasurer and that said Treas-
urer retain it in his hands untill said Committee report, was
brought up, read and concurred.
An Act to enable James M'Gregore Esq'' to sell certain Lands,
having been re.ad a third lime, voted that the same be enacted.
1790] JOURNAL OF THE SENATE. 29
A Vote, that Nathaniel Parker be allowed sixteen pounds, nine
Shillings tor his Account on Continental Accounts, was brought
up, read and concurred.
A Vote, to pay the account of Nathaniel Oilman Esq"' amount-
ing to one pound, nineteen shillings as one of the committee
on Continental Accounts &c. was brought up, read and con-
curred.
An Act to prevent the destruction of Salmon, Shad and Ale-
wives in Merrimac River, and for repealing all the Laws hereto-
tbre made for that purpose, having been read a third time. Voted
that the same be enacted.
A Vote, that all extents be stayed against the Town of Bath
untill lurther order of the General Court, was brought up, read
and concurred
A Vote, to pay the Account of a Committee to view the North-
erly part of the County of Hillsborough, amounting to nine
pounds, was brought up. read and concurred.
Adjourned 'till to-morrow 9, o'Clock A. M.
SATURDAY, June 19"' 1790.
Met according to adjournment.
Present as }'esterdav.
An Act to impower the Inhabitants of Gilsom and Sullivan to
Assess the Non-resident owners of Lands in said Towns for
repairing the highways, having been read a third time, Vulcd
that the same be enacted
An Act to impower the Inhabitants of Warren to Assess the
Non-resident owners of Land in said Town for repairing high-
ways, having been read a third time, Voted that the same be
enacted.
A Vote, to pay the Account of Peter Green Esq''
amounting to * Thirtv Shillings, was brought up, read * 2— 360
and concurred
A Vote, to pay the account of George Hough amounting to
three pounds ten Shillings and six pence tor printing, was brought
up, read and concurred.
An Act to empower the Town of Wentworth to Assess the Non-
resident Lands in said Town for the repairing Bridges and
highways therein, having been read a third time, Voted that the
same be Enacted
A Vote, to pay Caleb Buswell four pounds, as Door keeper
30 NEW HAMPSHIRE EARLY STATE PAPERS. [l790
to the House of Representatives, was brought up, read and con-
curred.
A Resolve, that the expediency of Issuing Extents for outstand-
ing Taxes, Impost and Excise be left discretionary with the
Treasurer any order to the Contrary notwithstanding, excepting
only that this Resolve shall not effect or alter the force of any
Vole or Resolves for staying Extents in perticular cases, was
brought up, read and concurred.
A Vote, for a committee to join a committee of the Senate, to
form a Resolve expressive of the Sentiments of the Legislature
on the assemption of the State debts of the several States by Con-
gress, was brought up read and concurred. Gen' Peabody, and
Col. Peabody, joined.
A Vote, to pa}' the account of Moses Leavitt Neal, amounting
to four pounds, sixteen shillings as Assistant Clerk, was brought
up. read and concurred
A Vote, that the President take order on the Treasurj- for
three pounds for expences &c. was brought up, read and non-
concurred.
A Vote, that the Senate, Council and House of Representatives
and their Officers receive their pay for the present Session out of
the Money now in the Treasury, was brought up, read and con-
curred.
A Vote, appointing Nathaniel Parker of Exeter receiver of Non-
resident Taxes, was brought up, read and concurred.
A Vote, to pay the Account of Josiah Nelson amounting to
two pound three shillings and six pence for transporting papers
to and from Portsmouth, was brought up, read and concurred.
A Vote, to pay the Account of George Hough amounting to
thirteen pounds sixteen shillings for printing Election Sermon,
was brought up, read and concurred.
A Vote, respecting sums of Money paid by T. Odiorne to
Treasurer Gilman that the same be referred to his Excellency the
President who after Inspecting the same give order for payment
of such sums as may be found due on the present Treasurer, was
bro't up, read & cone''
* 2-561 * A Vote that the Committee for revising &c the Laws
of this State be directed to proceed during the recess of
the General Court on their Business, and report at the next Ses-
sion, was brought up, read and concurred.
A Resolve, that Supply Clap, Nathaniel Gilman and Nathaniel
Rogers Esq" be a committee to receive from Josiah Gilman Esq
1790] JOURNAL OF THE SENATE. 3I
late Comptroller of Accounts all the public Books and papers
belonging to this State now in his hands and custody &c &c. was
brought up, read and concurred
An Act to impower the Inhabitants of Protectworth to Assess
the Non-resident owners of Land in said Town for the repairing
of highways, having been read a third time, voted that the same
be enacted
A Vote, that his Excellency the President with advice of Coun-
cil be desired to adjourn the General Court to the first Wednesday
of January next, was brought up, read and concurred.
The Secretary by order of His Excellency went down and
informed the Speaker of the House of Representatives that His
Excellenc}' the president with advice of Council had thought fit to
adjourn the General Court to meet again at Concord on the first
Wednesday of January next ; And was accordingly adjourned.
Attest JOSEPH PEARSON Sec>
JOURNAL
OF THE
House of Representatives
CONTAINING THE PROCEEDINGS
FROM JUNE 2 TO JUNE 19, 1790.
House of Representatives
FOR THE YEAR 1790-91.
1138381
Thomas Bartlett, Nottingham, Speaker.
John Calfe, Hampstead, Clerk.^
Moses Leavitt Neal, Assistant Clerk.
Rev. Israel Evans, Concord, Chaflain.
Rev. John C. Ogden, Portsmouth,
Preacher of Election Sernio
REPRESENTATIVES.
Portsmouth
Exeter
Londonderry
Chester
Newington .
Greenland .
Rye . .
North Hampton
Hampton
Hampton Falls ,
Seabrook \
South Hampton
Stratham
Dunbarton >
Bow \
Salisbury .
George Gains.
George Wentworth.
John Samuel Sherburne.
Benjamin Connor.
James McGregore.
Joseph Blanchard.
Joshua Weeks.
Christopher Toppan.
Elisha Brown.
Phillips White.
David Story.
Ebenezer Webster. -
. Calfe being- ill at the beginniiig of tlie session, William Phimer consented to serve a-s
clerk during such disability, and accordingly was elected to tliat office June 2. He resigned
' Mr. Calfe on the 5tli of June. See Life of William Plumer, p. 106.
36
NEW HAMPSHIRE EARLY STATE PAPEF
Boscawen .
Fishersfield
Sutton
Warner
New London ^
Andover & >
Gore )
Charlestown
Alstead
Keene
Swanzey
Westmoreland
Richmond .
Jaffrey
Winchester
Chesterfield
Rindge
Walpole
Claremont .
Cornish
Newport ^
Croydon ^
Acworth ^
Lempster >
Marlow )
Wendell }
Unity S '
Litchfield )
Derryfield S
Dunstable
Merrimack ,
Bedford
Gofl^stown
HoUis
Amherst
Raby )
Mason j
New Ipswich
Francestown
Duxbury }
Mile Slip S '
Henry Gerrish.
James Flanders.
William Page.
Oliver Shepherd.
Jeremiah Stiles.
Elisha Whitcomb.
Archelaus Temple.
Jonathan Gaskill.
Benjamin Prescott.
John Alexander.
Moses Smith.
Daniel Rand.
Aaron Allen.
Sanford Kingsbury.
James Wellman.
Jesse Lane.
William Grout.
Timothy Taylor
Stephen Dole.
Daniel Emerson
Daniel Warner.
Obediah Parker
Charles Barrett.
I Elected to the Senate.
1790] JOURNAL OF THE HOUSE OF REPRESENTATIVES.
37
Wilton
Lyndeborough .
Temple
Peterborough Slip
Peterborough }
Society Land <i
Hancock ^
Antrim >
Bearing )
Henniker ^
Hillsborough S
New Boston
Weare
Hopkinton .
Pelham
Dover
Durham
Somersworth
Rochester .
Barrington .
Lee .
Sanbornton
Gilmanton .
Madbury
Meredith )
New Hampton 5 "
Sandwich }
Tamworth
Moultonborou^
Tuftonborough
Wolfeborougb
Ossipee J
Barnstead ^
New Durham ^
New Durham Gore )
Wakefield ^
Middleton V
Effingham )
Conway 1
Eaton [
Burton ('
Locations J
ugh 1
h r
Jacob Abbott.
Peter Clark.
Francis Cragin.
Jeremiah Smith.
William Wallace.
James Gibson.
John Kielle.
Ebenezer Smith.
Daniel Goodwin.
Barnabas Palmer.
Samuel Hale.
Paul Giles.
Joseph Badger, Jr.
Ebenezer Smith. 1
Daniel Beede.
Nathan Hoit.
David Copp.
Andrew McMillan.
Elected to the Senate.
38
NEW HAMPSHIRE EARLY STATE PAPERS.
Nottingham West
Kensington
South Hampton
East Kingston
Kingston
Brentwood .
Epping
Newmarket
Nottingham
Deerfield
Northwood ^
Epsom >
Allenstown )
Northfield
Canterbury
Chichester >
Pittstield S
Loudon
Concord
Pembroke .
Candia
Raymond j"
PopHn S
Hawke }
Sandown 5
Hampstead
Atkinson )
Plaistow 5
Salem
Newton
Windham .
Surry ^
Gilsum > .
Sullivan )
Stoddard }
Washington ^
Dublin )
Packerstield 5
Marlborough
I Elected to the Senate.
John Eastman.
William Plumer.
^ Nathaniel Rogers.'
I James Hill.
5 Thomas Bardett.2
^ Bradbury Cilley.
Michael McClary.
Charles Glidden.
Jeremiah Clough.
Samuel Chamberlin.
(, Peter Green.*
I John Bradley.
Richard Bartlett.
Stephen Fifield.
5 Nathaniel Peabody.>
I Joseph Smith.
Lemuel Holmes.
Thomas Penniman.
Reuben Morse.
•2 Appointeil Ju<1bi' (iI SiiiKTinr Court of Cominoii Pk-
790] JOURNAL OF THE HOUSE OF REPRESENTATIVES.
39
>
Fitzwilliam
Plainfield .
Pi-otectworth f
New Grantham ^
Holderness ^
Campton |-
Thornton S
Plymouth I
Rumney ^
New Chester |
Alexandria (
Bridgewater (^
Cockermouth J
Enfield ]
Canaan
Cardigan
Grafton J
Hanover
Lebanon
Lyme f
Dorchester S
Haverhill f
Coventry i|
Piermont f
Warren S
Orford }
Wentworth S
Lincoln }
Franconia ^
Bath 1
Lvman |
Landaft' I
Gunthwaite |
Littleton |
Dalton J
Lancaster ']
Northumberland |
Stratford |
Dartmouth *^
Percy I
Cockburne |
Coleburne J
Abner Stone.
Joseph Kimball.
Samuel Duncan.
Moses Baker.
Abraham Burnham.
Thomas Crawford.
Ebenezer Hoit.
Jonathan Freeman
Elisha Payne.
Moses Dow.
William Tarlton.
Theodore Dame.
Samuel Young.
Jeremiah Eames.
1 Elei'ted tii the Sen.iti-
*H-i =^^STATE OF NEW HAMPSHIRE,
A JOURNAL
Proceedings of the Honb^ House of Representatives of
said state begun and held at concord on wednesday
THE Second day of June A D. 1790 and in the fourteenth
YEAR OF THE InDEPENDANCE OF AMERICA
WEDNESDAY June 2" 1790.
Sixty one members met agreabl}' to the Constitution — after
producing their credentials and taking the necessary oaths pro-
ceeded to the choice of a Chairman and Ebenezer Smith Esq"' (of
Merideth) was chosen for that purpose —
Motion was then made for the choice of a Clerk and William
Plummer Esq' was chosen for that purpose
The ballots were then called for, for the choice of a Speaker
and The Honb' Thomas Bartlett Esq' was unanimously chosen
Speaker of the House
The Members of the Honb' Senate who were elected by the
people being met with the Representatives in the Assembly
Chamber, Voted to receive all votes that are properly certified
for a President at any time previous to the two houses separating
this day —
The votes for a President were then counted and a list made of
them by the Secretary in the presence of both houses and Messr""
Oliver Peabody, J Waldron, J [Jeremiah] Smith, D Warner &
G. Gains appointed as a Committee to re-examine the returns
compare them with the Secretarys list and make report as soon as
maybe — The Senate elected and House then agreed to adjourn
1790] JOURNAL OK THE HOUSE OK REPRESENTATIVES. zj I
the elections until to morrow at 9 oClock A M. and the Senators
witlidrew —
I'olcd that M' Emerson, M' Macgregore & M'' Green be a
Committee to provide an entertainment to morrow for the Rev-
erend Gentlemen of the Clergy — his Excellency the President
the Honorable Council & such other Gentlemen of distinction as
they may think proper to dine with said Clergy — The House
then adjourned to 8 o Clock to morrow morning
* THURSDAY June 3'* 1790 * 14-2
The House met according to adjournment
Proceeded to read and examine the returns of the members
elected —
On Motion whether John Samuel Sherburne Esq' by reason of
his being on the list as an Invalid pensioner is rendered ineligible
to a seat in the House of Representatives — Voted that he is not.
Upon which question the yeas and nays being called were as
follows
M'' Plummer
Nays.
M'' Gains
Mr Wentworth
M"" Connor
M'' Macgregore
Mi^ Blanchard
M-- Weeks
Mr Toppan
Mr Brown
M"' Eastman
M' Rogers
Mr Hartlett
W M-^CIarey
Mr Clough
M"" Chamberlain
M'' Green
Mr Cragin
M"" Holmes
Nays.
M' E Smith
(Durham)
M"- Palmer
Mr Hale
Mr Badger
Mr Giles
Mr E Smith
(Merrideth)
Mr Bedee
Mr Hoit
Mr Taylor
Mr Dole
Mr Warner
Mr Parker
Mr Barrett
Mr Abbott
Mr Clark
Nays.
Mr Grout
Mr Kellie
Mr Wallace
Mr Webster
Mr Gerrish
Mr Page
Mr Shepherd
Mr Stiles
Mr Whitcomb
Mr Gaskill
Mr Prescutt
Mr Temple
Mr M Smith
Mr Rand
Mr Allen
Mr Wellman
Mr Lane
Nays.
Mr Peabody
Mr Penniman
Mr Morse
Mr Stone
Mr Kimball
Mr Duncan
Mr Baker
Mr Burnam
Mr Crawford
Mr Freeman
Mr Dow-
Mr Tarlton
Mr Dame
Mr Young
Mr Eames
Mr R Bartlett
Mr J Smith
I Yea 66 Nays — So it passed in the Negative —
The members of the Honb' Senate elected by the people again
met with the house in the Assembly chamber to proceed upon the
Elections —
The Committee appointed to re-examine the returns of the votes
for a President reported that the whole number is 7762, that no
42 NEW HAMPSHIRE EARLY STATE PAPERS. [179°
person hath a majority that the four candidates having the highest
numbers are the Honb' John Pickering Esq'' 3189 The Honb'
Joshua Wentworth Esq' 2369 Honb' Josiah Bartlett Esq"'
* 14-3 1676 and the Honb' * Nathanael Peabody Esq' 294.
Signed Oliver Peabody for the Committee — The Sena-
tors Elected and the House then adjourned the Elections to four
o'clock P. M —
The House then adjourned to 4 o'Clock P. M —
Met according to adjournment —
The Honb' Senators elected by the people and House being met
in the Assembly Chamber agreably to the adjournment pro-
ceeded to fill up the Honb' Senate by joint ballot agreably to the
Constitution (having been previously informed by the President
and Council that there were but four Senators elected by the
people — one of those Elected by the people was for the County
of Rockingham one for the County of Strafford and two for the
County of Cheshire — That the persons out of whom four were to
be elected for the County of Rockingham were the Honb' John
Pickering Christopher Toppan, Peter Green Nathanael Peabody
Joseph Cilley, Nath" Rogers John Bell and James Sheafe Esqr^
— Honb' Ebenezer Smith & Joseph Pierce Esqr* for the County of
Strafford — Honb' Robert Wallace, Robert Means, Ebenezer
Webster and Jacob Abbott Esqr" for the Count}- of Hillsborough
and the Honb' Jonathan Freeman & Moses Dow Esquires tor the
County of Grafton) And made choice of the Honb' Nathanael
Peabody Peter Green Joseph Cilley & Nathanael Rogers lor the
County of Rockingham — The Honb' Ebenezer Smith Esq'' was
unanimously chosen for the County of Strafford — The Honb'
Robert Wallace & Ebenezer Webster Esqr" for the County of
Hillsborough and the Honb' Jonathan Freeman Esq' for the
County of Grafton — The Elections were then adjourned to ten
o'clock to morrow morning and the Senators elected by the
people withdrew also those elected by joint ballot of both Houses —
Voted that M' Abbot, M'' Macgregore & M' Toppan with such
of the Honb' Senate as they may join be a Committee to consider
of the Petition of James Sheafe Esq' and others & report thereon —
Sent up by M' Young
* 14-4 • Voted Xhdii M' Abbot M' Sherburne & M' Dow with such
of the Honb' Senate as they may join be a Committee to
wait upon the Rev"' M' Ogden and return him the thanks of the
General Court for his ingenious discourse this day delivered
before the Legislature and request of him a Copy for the press —
1790] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 43
Voted that M-- Sherburne, M'' J Smith, M'' Dow M^ Page and
M'' E Smith be a Committee to prepare & report such rules for the
future government of this House as they may judge necessary —
Voted that the Towns of Concord, New Markett Salisbury and
Hanover the districts of Atkinson and Plastow and of Merrideth &
New Hampton be informed that the Seat of their Respective Rep-
resentatives is become vacant by the removal of their Representa-
tives to the Honb' Senate and that the Selectmen of said Towns
and Districts be required to call a meeting of said Inhabitants to
make choice of other persons to Represent them in this House
said Selectmen giving legal notice of the time place and design of
said meeting —
Adjourned to 8 o'Clock to morrow morning
FRIDAY June 4'" 1790
The House met according to adjournment
Voted that M'' Holmes, W Young and M"' Dole with such of
the Honb' Senate as they may join be a Committee to consider of
the Petition of Oliver Farwell and others and report thereon —
Sent up by M'' Taylor
V^oted that M' Sherburne, M"' Cragin & M'' Weeks with such of
the Honb' Senate as they may join be a Committee to consider of
the Petition of Jacob Burbank and report thereon —
Voted that Six shillings ^'' day be given to an Assistant Clerk
for this Session to be chosen out of the House —
* Voted that M'' Macgregore, M'' Page and M"' Holmes * 14-5
be a Committee to treat with some young Gentleman of
education out of this House to serve for this Session and report
thereon —
Voted that M'' Toppan M'' Dow & M'' Eames with such of the
Honb' Senate as they may join be a Committee to consider of the
Petition of the Select men of Lyman and report thereon —
Sent up by M" Young
Voted that M'" Blanchard, M' Badger & M' Shepherd with such
of the Honb' Senate as they may join be a Committee to consider
of the Petition of Josiah Sweat and report thereon —
Sent up by M' Cragin
Voted that M-- Gains, M"' Badger, M' M^Clarey M'^ Emerson
and M'" Penniman with such of the Honb' Senate as they may
join be a Committee to consider of the accounts that may be
exhibited this Session by the Several printers and report thereon —
Sent up by M' Cragin
44 NEW HAMPSHIRE EARLY STATE TAPERS. [^790
]'oted that M'' Macgregore, M"' E Smith & W Holmes with
such of the Honb' Senate as they may join be a Committee to con-
sider of the Petition of the Inhabitants of Wolfborough and report
thereon — Sent up by Col" Hoit
Voted that M"' Moses Leavitt Neal be an Assistant Clerk for
this House for the present Session —
The Honb' Senate again met with the House in the Assembly
Chamber and agreed to adjourn the Elections which are to be
made by both houses till 9 o'Clock to morrow morning and the
Senate then withdrew —
Whereas by the death of the register of Deeds for the County
of Hillsborough said Office is become vacant and there being no
Committee appointed by the Court of Sessions for said County to
receive and take charge of the records and files in said Office
the Same are exposed and great damage may accrue to many
persons — Therefore voted that M' Abbott, JVP J Smith & M'' Tay-
lor with such of the Honb' Senate as they may join be a Commit-
tee to consider what measures are necessary to be taken respect-
ing said records and report thereon —
Sent up by M'' Taylor
* 14-6 *Adjourned to 3 o Clock P M —
Met accordingly
Voted tha^t W Toppan, M' J Smith. M' Dow, M"- E Smith &
M"^ Page with such of the Honb' Senate as they may join be a
Committee to return the thanks of the General Court to his Excel-
lency President Sullivan for his Services while President of this
State — Sent up by M'' Dole
Voted that M'" Gains, M"' Hale. M' Abbott, M'' Stiles and M"^
Dow with such of the Honb' Senate as they may join be a Com-
mittee to consider of the PeUtion of the Trustees of Chesterfield
Academy, the Town of Charlestown and the proprietors of the
Aurean school (so called) and report thereon —
Sent up by M'' Dole
Upon reading and considering the account of the Trustees of
New Ipswich Academy amounting to the Sum of fifteen pounds
Sixteen shillings and Seven pence — voted that the same be
accepted and allowed and that the President give order on the
Treasurer for payment out of the Revenue arising from the excise
Sent up b}- M"' Giles
Proceeded to make choice of two persons out of the four who
had the highest number of votes for a President and the ballots
1790] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 45
being called for taken and counted the Honb' John Pickering and
the Honb' Josiah Bartlett Esquires were elected —
Sent up by M' Giles
Vo/cd that M"' Holmes, M"' Warner & M"' Wentworth with such
of the Honb' Senate as they may join be a Committee to consider
of the Petition of Abel Allen and report thereon
Sent up by M'' Stiles
Voied that M'' J Smith, M'' APClary & M'' Taylor with such of
the Honb' Senate as they may join be a Committee to consider of
the Petition of William Tenny and report thereon —
Sent up by M"' Emerson
Adjourned to 8 o'Clock to morrow morning
SATURDAY June 5'" 1790
Met according to adjournment
*The Committee appointed to prepare rules & orders * 14-7
for the government of the House reported the following
i" Each member shall seasonably and punctually attend his
duty in the House —
a"* When the House adjourns each Member shall keep his
place until the Speaker goes out and then the Members shall
follow —
3'' The Speaker shall preserve decorum and order, may speak
to points of order in preference to other Members rising from his
seat for that purpose and shall decide questions of order subject to
an appeal to the House
4"' The Speaker shall rise to put a question but may state it
sitting —
5'" When any member is about to Speak in debate or deliver
any matter to the House he shall rise from his seat and respect-
fully address himself to the speaker —
6'" If any member in speaking or otherwise transgress the rules
of the House the speaker shall or any member may call to order
in which case the Member so called to order shall immediately set
down unless permitted to explain, and the House if appealed to
shall decide the case but without debate and if there be no appeal
the decision of the chair shall be submitted to —
7"' No member shall speak more than twice to the same ques-
tion without leave of the House nor more than once until every
member choosing to speak shall have spoken —
8"' Whilst the Speaker is putting the question each Member
46 NEW HAMPSHIRE EARLY STATE PAPERS. [l790
shall keep his seat until the question is decided nor shall any one
while the member is speaking pass between him and the Speaker —
9'" Every member who is in the House when any question is
put if he hath heard the debate shall vote thereon unless excused
by the House —
10"' No debate shall be allowed on any motion until the
same is Seconded and any motion shall be reduced to
* 14-8 * writing or divided if the Sense will admit of it if any
member desires it —
11"' A motion ma}- be withdrawn at any time before it be divided
or amended — and a motion for adjournment shall always be in
order and when a motion is regularly before the House no new one
shall be received unless to postpone commit or amend it — And
no new motion shall be admitted under colour of Amendment as
a Substitute of the motion under debate —
12"' No member shall act as an advocate without leave obtained
of the House for that purpose —
13'" No person except a Member of the House or its Officers
shall be admitted above the Bar unless by vote of the House on
Motion for that purpose unless to deliver a message from the Pres-
ident or Senate —
14'" No Bill shall be introduced but by motion for leave or by
order of the House on the report of a Committee and shall not
pass to be Enacted until the Same be read three times — The first
reading shall be for information and if no opposition be made or
the question to reject the Bill be negatived a time shall be assigned
for a second reading —
15"' Before any Bill resolve or vote shall be sent up to tlie Sen-
ate the Speaker shall read the resolve vote or title of the Bill —
And a Bill shall never be sent up by less than two members —
16"' No member shall be obliged to Serve on more than two
Committees at the Same time nor shall any member nominate
more than one person for the Same Committee pro\ided the person
so nominated shall be chosen nor shall any member after being
himself chosen nominate one for the Same Committee —
17"' No petition shall be received by the House unless it be
presented b}- a Member thereof and upon motion made
• 14-9 * for that purpose —
18"' The Journal of the House for the preceeding day shall
be read every morning previous to entering upon new business —
Signed John Samuel Sherburne for the Committee
which report being read and considered voted that it be received
and Accepted —
1790] JOURNAL OF THE HOUSE OF REPRESENTATIVES.
On Motion of M' Plummer that the following rule should be
added to wit, That no member of the House shall in any wise
appear or act in the House or before both Houses Assembled in
one room, as an advocate or attorney in any cause depending in
which the state is a party nor in any matter between Individuals
unless interested or engaged previous to the Establishment of these
Rules — Upon which the yeas and nays being called for are as
follows —
Yeas.
Yeas.
Yeas.
Yeas.
M"' Connor
Mr I'liimmer
MrN Hoit
Mr Kimball
M>- Blanchard
M'- Kelley
Mr Dole
Mr Baker
M-- Toppan
Mr Hale
Mr Rand
Mr Burnam
M"- Brown
Mr Bedee
Mr Allen
Mr Dame
M"- Eastman
Nays.
Nays.
Nay.s.
Nay.s.
W Gains
Mr Giles
MrGerrish
Mr Grout
M-- Sherburne
Mr M^Millian
Mr Flanders
Mr Holmes
M' Wenlwortli
Mr Taylor
Mr Page
Mr Penniman
M'' Macgregore
Mr Emerson
Mr Shepherd
Mr Morse
M>- Weeks
Mr Warner
Mr Stiles
Mr Stone
Mr M-^Clarey
Mr Parker
Mr Whitcomb
Mr Duncan
Mr Clough
Mr Barrett
Mr Gaskill
Mr Crawford
M"' Chamberlain
Mr Abbott
Mr Prescutt
Mr E Hoit
M"- R Bartlett
Mr Clark
Mr Temple
Mr Do«-
Mr E Smith
Mr Cragin
Mr M Smith
Mr Tarlton
M-- Palmer
Mr J Smith
Mr Wellman
Mr Young
Mr Badger
Mr Wallace
Mr Lane
Mr Eames
17 Yeas — 48 Nays — so it passed in the Negative
J'o/cd that M'' Toppan, M' J Smith, M"^ Dow, M'' E. Smith &
M' Page with such of the Honb' Senate as they may
join be a Committee to take under consideration *a * 14-10
Letter from the late President Sullivan and draught such
an answer as they shall judge proper and report the Same
Sent up by M"^ Holmes
The Letter referred to is as follows (viz)
Gentlemen of the Honb' Senate & House of Representatives
The General Court being now properly organized and only a
few Members who have not been qualified, and it not being of
Absolute Necessity that I should remain here till the whole have
taken the Oaths & being called to Act in a different department I
beg you to permit me to take my leave of the two Branches of the
Legislature at this time —
Will you allow me Gentlemen at this moment of my quitting
the chair of Government in the state and probably bidding a final
48 NEW HAMPSHIRE EARLY STATE PAPERS. [^79°
adieu to all posts and Offices within the Same to entreat that j'ou
as a body in particular and through you the citizens of the State
in General would accept my most cordial thanks for the repeated
marks of Confidence which you have so repeatedly and variously
honored me with? And to assure you that in whatever depart-
ment of life providence may place me I shall retain a grateful
remembrance of the generous conduct of the people of New
Hampshire —
Given at the Council Chamber at Concord the 4"' day of June
1790 — John Sullivan
Voted that M'' Sherburne, M"' Badger & M'' J Smith be a Com-
mittee to agree with M' Hough to print three hundred copies of
the Election Sermon this week deliver'' by the Reverend M''
Ogden —
The Honb' Senate and House being again met in the Assembly
Chamber agreed to adjourn the Elections yet to be made before
both Houses until Monday next at 4 o'Clock in the Afternoon —
[And the Honb' Senate withdrew — ]
* 14-11 * Voted that it is the Opinion of this House that an At-
torney for the district of New Hampshire is constitution-
allv Eligible to a seat in this House —
'Voted that M' J Smith, M"' Page & M"^ Hoit with such of the
Honb' Senate as the}^ may join be a Committee to take into con-
sideration the present state of the Office of Comptroller general
[of Accounts] and report what method shall be taken to procure the
Papers in that Office from M'' Gilman late Comptroller General —
Sent up by M" M Smith
The following vote came down from the Honb' Senate
In Senate June 5"' 1790. The Honb' Senate proceeded to the
choice of a President and the ballots being taken sorted and
counted it appeared tliat the Honb' Josiah Bartlett Esq'' was
elected to that Office — Sign'' Joseph Pearson Secretary
Voted that M'' Macgregore, M'' J Smith, AP Eastman M'' Bar-
rett & M'' Page with such of the Honb' Senate as they may join
be a Committee to notify his Excellency Josiah Bartlett Esq""
President elect of his appointment to that office —
Sent up by M'' Allen
Voted that M'' Gains. M"' Sherburne, W Hoit, M"^ Dow and M'
Hale with such of the Honb' Senate as they may join be a Com-
mittee to make sucii arrangements as they may think proper for
the reception of his Excellency Josiah Bartlett Esq'' President
Elect — " Sent up by M"' N Hoit
1790] JOURNAL OF THE HOUSK OF REPRESENTATIVKS. 49
Resolved that a Special Court of General Sessions of the peace
be holden at Amherst in and for the County of Hillsborough on
Thursday the tenth day of June Instant and the Justices of said
Court be and hereby are impowered so convened to adjourn from
day to day as they may think necessary to open & ex-
amine * the returns of votes for Register of Deeds in * 14-12
said County and in case it should so happen that the late
Moses Nichols Esq'' should have the highest number of votes to
that office the said Court be and hereby are impowered to issue
precepts to the Selectmen of the Several Towns and places in said
County requiring them to call a meeting of the Inhabitants of
•their Respective towns and places according to Law to chuse a
Register for said County and the said Justices be and hereby are
further impowered to adjourn said Court to such day antecedent
to the next term as they may judge proper to receive the returns
of the votes for said Office And at said adjournment the said
Court may proceed to examine the return of votes and shall have
all the powers relative to the Office of Register of Deeds in said
County which the said Court at any Stated term by Law now
have — And that the said Court to be holden on the said tenth day
of June Instant may proceed to chuse such person as they may
judge proper to take the records of said Office into custody he
giving Bond in a Reasonable Sum for the safe keeping of the
records and papers, and the person so chosen hereby is impowered
to receive all Deeds that ma}' be offered for recording and to file
and minute the time of receiving the Same which shall be as good
and valid in law as if the Same was so done by the Register of
Deeds and for every Deed so received he shall be entitled to Six-
pence — -"Sent up by M'' Dole
Voted that the Honb' John Calfe Esq"' be Clerk of this House
in the room of William Plummer Esq'' who has resigned —
Adjourned to Monda}' next 3 o'Clock P. M —
MONDAY Junk 7'" 1790.
The House met according to adjournment
The Honb' Senate and House being met in the Assembly
Chamber — z'o/^-tf to adjourn the Elections until ten of Clock to
morrow morning —
* Voted that M'^ Dow, M"' Sherburne & M'' Abbott with * 14-13
such of the Honb' Senate as they may join be a Com-
mittee to consider of the Petition of the Widow Betsy Pierce and
report thereon — Sent up by M'' Morse
so NEW HAMPSHIRE EARLY STATE PAPERS. [^790
Voted that M' Gains, M'' Hoit, A'P Holmes W Emerson & M''
McClare}' with such of the Honb' Senate as they ra&y join be a
Committee to consider of the propriety of receiving fees for Pe-
titions and report thereon — Sent up by M'' Dame
Adjourned to 8 o'Clock to morrow morning —
TUESDAY, June 8"' 1790.
The House met according to adjournment
Voled that M'' Sherburne, M"- Abbott, M"- Dow, M"- Page & M''
Plummer with such of the Honb' Senate as they ma}' join be a
Committee to inform his Excellency Josiah Bartlett Esq"' that the
two branches of the General Court will be ready to receive his
Answer in the Assembly Chamber at half past nine of Clock this
morning and that they escort him in accordingly —
Sent up by M' Temple
Voted that the Clerk be directed to notify the Inhabitants of
Claremount that their seat is become vacant in the house of Repre-
sentatives as their Member the Honb' Sanford Kingsbur}' Esq'' is
chosen a Senator and that thej- call a meeting for a Second
choice —
Voted that AP Sherburne have leave to bring in a Bill for the
encouragement of raising & manufacturing Hemp.
[The honorable Senate and House being met in the Assembly-
Chamber his Excellency Josiah Bartlett, Esq. came in and mani-
fested his acceptance of his appointment to the office of Chief
Magistrate of this state, and after taking the necessar}' oaths
(which were administered by the senior Senator) his Excellency
and the honorable Senate withdrew.]
Voted that M"' Wentworth, M'' Toppan, M'' J Smith, M'' Gains,
& M'' Macgregore with such of the Honb' Senate as they may join
be a Committee to take under their consideration the Act of Con-
gress respecting light houses and report whether the light house in
this State and whether any and what territory shall be ceeded to
the United States and likewise to consider of the Situation of fort
William & Mary — Sent up by M' Penniman
* 14-14 *The Honb' Senate and House being met in the Assem-
bly Chamber according to adjournment to proceed to the
selections yet unfinished —
Proceeded to the Election of Counsellors and the ballnts being
laken the Honb' Christopher Toppan Joseph Badger Robert Wal-
lace Lemuel Holmes & Jonathan Freeman Esquires were chosen —
1790] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 5 1
Proceeded to Elect a Secretarj', and the ballots being taken the
Honb' Joseph Pearson Esq' was chosen —
Proceeded to the choice of a Treasurer and William Gardner
Esquire was Unanimously chosen
Proceeded to the choice of a Commissary General and Col"
Supply Clap was unanimousl}' chosen —
Voted to adjourn the further Elections til to morrow at 4 o'Clock
PM —
Voted that M'' Wentworth, M"' Whitcomb and M"' Hoit with
such of the Honb' Senate as they may join be a Committee to con-
sider of the Petition of Henry Sherburne and report thereon —
Sent up by M"' M'^Millan
Adjourned to 3 o'Clock P. M —
Met accordingly
]^oted that M' Plummer, M'' E Smith, W J Smith IVP Holmes
& IVP Dow with such of the Honb' Senate as the}- may join be a
Committee to consider what is the best method to be taken for the
choice of Representatives to represent this State in the Congress
of the United States and report thereon —
Sent up by M"' Whitcomb
]'oted that a further consideration of the Bill brought in by M"
Sherburne for the encouragement of raising and Manufacturing
hemp be postponed until Thursday next
* Voted that the Petition of the Inhabitants of the * 14-15
County of Strafford be refered to the Committee on the
Petition of the Trustees of Chesterfield Academy &c and that
they report thereon — Sent up by M' Cragin
The Committee on the Petition of Oliver Farwell and others
reported as their Opinion that the prayer thereof be granted and
that the}- have leave to bring in a Bill accordingly [Signed Ebenz''
Webster for the Committee] — which report being read and con-
sidered voted that it be received and Accepted —
Sent up by INP Ta}-lor
Adjourned to 8 o'Clock to morrow morning
WEDNESDAY June 9"' 1790
The House met according to adjournment
The Committee on the Petition of Jacob Burbank reported that
the prayer thereof be granted and that he have leave to bring in a
Bill accordingly at this or the next Session — which report being
read and considered voted ihzi it be received and accepted —
Sent up by AP Temple —
52 NEW HAMPSHIRE EARLY STATE PAPERS. [179°
Voted that M"" Abbot, M"' Page and M"" Young with such of the
Honb' Senate as they may join be a Committee to consider of the
Petition of WilHam Simpson Esq"' and report thereon —
Sent up by M'' Dame
Voted tliat Friday next at 9 oClock be assigned for taking
under consideration the report of the Committee on the County
lines —
The Committee on the Petition of Abel Allen reported that the
prayer thereof be granted and that he have leave to bring in a
Bill accordingly he giving bond to the judge of Probate — which
report being read and considered voted that it be received and
accepted — Sent up b}' M'' Parker —
Voted that M' Abbott, M'' Macgregore, W Hale, M'' Page
* 14-16 & M'' Eames with such of the Honb' Senate as they *may
join be a Committee to consider of the Petition of Sam-
uel Ladd and others — the Petition of Ichabod Robie and others
— also the Petition of the Select men of Gilmantown and others
and all Similar matters and report thereon —
Sent up by M'' Tarlton
Voted that M'' Barrett, M"' Connor «& M' Baker with such of the
Honb' Senate as they may join be a Committee to consider of the
Petition of Jonathan Bunker and report thereon —
Sent up b}- M'' Prescutt —
Voted that M'' Hoit, M"" Dow, & AP Plummer with such of the
Honb' Senate as they may join be a Committee to consider of the
Petition respecting Starks & McMillans locations and report
thereon — Sent up by M' M'Millan
Voted that M'' Holmes, AP Abbott, M'' M Smith, M'' Plummer
«fe M'' Macgregore with such of the Honb' Senate as they ma}^
join be a Committee to consider of the Petition of Sam" Davis and
report thereon — Sent up by M'' Morse —
The Secretary came down with the following message from his
Excellency the President —
Gentlemen of the Honb' Senate and Gentlemen of the Honour-
able House of Representatives —
Though it would have been highly improper and unbecoming
in me to have sought the Honb' Olhce in which you have been
pleased to place me, yet I could not think it my duty to decline
the appointment.
I have so often in times past experienci'd the candor and Indul-
gence of my fellow Citizens that I cannot now entertain the
Smallest doubt but that I shall have every Assistance in your
1790] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 53
power to bestow while I attempt to discharge the duties of an hon-
ourable but arduous employment — If the most faithful attachment
to the Interest of the State, and the most diligent & constant
application to the duties of mj' Office can in any meas-
ure * compensate for the want of greater abilities, my * 14-17
fellow citizens and you Gentlemen, shall have no cause
to complain of having misplaced that confidence which you have
in this appointment reposed in me —
I congratulate you Gentlemen, and my fellow citizens at large
on the present prosperous State of our affairs — A retrospective
view of the Scenes through which we have lately passed would
Serve to give the most lively contrast to our present Situation and
future prospects —
Through the partialit}- of my fellow citizens I have been called
in various Stations and employments to manifest my love and
attachment to my Country in times of danger and distress and the
best part of my life has been spent in Support of a cause .which
it hath pleased divine providence to crown with Success — That
our Country is now free, and that we have now the means of
attaining all the blessings and advantages resulting from a free
and equal Government we are, under heaven indebted to the
valour and patriotism of our Citizens, as yet unparallel'd in the
Annals of history — And it is peculiarly grateful to me in the
evening of my days to be called by such citizens to the chief seat
in government — The public letters received since the last Session
and many other papers being still in the hands of my predecessor
in Office and through a close attention to the business ot another
department, from which I have been Suddenly and unexpectedly
called, it is not in my power to be as particular as I could wish, in
pointing out to you the many and important concerns which
demand your immediate attention ; You will permit me however
to Observe in general that on the promotion of agriculture, the
encouragement of the manufactures of our own Countr}' and the
practice of the virtues of economy and frugality and
above all a Strict adherence to our engagements *both * 14-18
public and private must essentially depend our happiness
and prosperitv — A revision of the Laws and Statutes practiced
upon in this State I have long considered as a matter of highest
importance and am happy to learn that this object has already
engaged the attention of the legislature — I hope nothing will be
wanting on your part to bring this business to a close as soon as it
convenient!}' can be done —
54 NEW HAMPSHIRE EARLY STATE PAPERS. [^790
You will judge of the propriety oi' taking the necessary measures
at this Session for electing the Representatives to Congress —
I Shall take care to lay before you the public papers as they
come to hand — I need not recommend to you Gentlemen dispatch
in conducting the public business nor need I say how necessary
unanimity is for that purpose — from the characters of the respect-
able Gentlemen who compose both houses I am led to form the
most flattering presages from your joint deliberations and you may
be assured Gentlemen that nothing shall be wanting on mj' part
to promote the welfare happiness and prosperity of our common
Country
Given at the Council Chamber at Concord the 9"' day of June
Anno Domini 1790 Signed Josiah Bartlett
Voicd that M"' Toppan, iVr Sherburne, M' White M"' J Smith &
M'' Stiles with such of the Honb' Senate as they may join be a
Committee to take under consideration his Excellency's message
this day received and draught an Answer thereto also report what
business is first necessary to be entered upon and done at this
Session — Sent up by M"' Lane
* 14-19 * Vo/ed that M"' Blanchard M"" Connor & M"' Bedee with
such of the Honb' Senate as they may join be a Com-
mittee to consider of the Petition of Joseph Kimball Esq'' and
report thereon — Sent up by M' Laiie
]^otcd that M'' Cragin, M'' Emerson »& AP Gerrish with such of
the Honb' Senate as the}' may join be a Committee to consider of
the Petition of William Lowell and report thereon —
Sent up by M'' Flanders
The Committee on the Petition of James Sheafe Esq"' and others
Reported that an Act be passed giving leave tor the appellant or his
legal Representative to enter at the Superior Court in the County
of Rockingham on or before the third day of the Sitting of said
Court next April term the appeal by him made to the King of
Great Britain in Council entitled to the Same advantages as he
might have in an Action of review if it could now be brought
legally — That said Superior Court be impowered to sustain and
finally determine the Same and upon failure or neglect on the part
of the Appellant to enter and prosecute said Action that the
Appellee or his legal Representative be impowered to file a com-
plaint and have affirmation of the last former Judgment for reversal
with additional costs and damages and that the Petitioner have
leave to bring in a Bill for that purpose which report being read
and considered voted that it be received and accepted —
Sent up by IVP Emerson
1790] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 55
Adjourned to 3 o Clock P. M —
Met accordingly
Vo/cd that M'' Macgregore, M'' Badger, M'' Abbott, M"' Holmes
& M' Young with such of the Honb' Senate as they may join be
a Committee to consider of the Petition of Ozias Silsby and report
thereon — Sent up by M'' Gaskill
Vo/cd that M"' Plummer, M"' E Smith & M'' White * with * 14-20
such of the Honb' Senate as they may join be a Com-
mittee to inform William Gardner Esq"' of his appointment to the
Office of Treasurer and receive from him a Bond in usual form
and lay the Same before this House — Sent up by M" Smith
Agreably to the order of the day proceeded to a hearing on
Petitions —
After hearing and considering the Petition of Cyrus Baldwin
Esq' vo/cd that said Petition be dismissed —
Vo/cd that the remainder of the hearings which were to have
been this day betbre the General Court be postponed until to mor-
row of which all persons concerned are to take notice and govern
themselves accordingly — Sent up by M'' Smith
Adjourned to 8 oClock to morrow morning
THURSDAY June id"' 1790.
The House met according to adjournment
Upon reading and considering the Petition of the Inhabitants of
Wolf borough and the report of a Committee thereon vo/cd that
the Petitioners be heard thereon belbre the General Court on the
Second thursday of the next Session and that in the mean time the
Petitioners cause that the Substance of the Petition and order of
Court thereon be published three weeks Successively prior to said
day of hearing in the New Hampshire Gazzette that any person
or persons may then appear and Shew cause why the prayer
thereof may not be granted — Sent up by !M'' Allen
Vo/cd that M-- Connor, M"- Hale, M'' Dole, [M' White and M"-
Whitcomb] with such of the Honb' Senate as they may join be a
Committee to consider of the Petition of Maj"' Jon" Cass and report
thereon — Sent up bv AP Weeks
* Vo/cd that M'' Whitcomb, M' Stiles and'M'' Prescutt * 14-21
with such of the Honb' Senate as they may join be a
Committee to consider of a Letter t'rom Honb' John Hubbard Esq''
Judge of the Probate in County of Cheshire and report thereon —
Sent up by M' Stiles
56 NEW HAMPSHIRE EARLY STATE PAPERS. [^790
The Committee appointed to Ascertain and Establish the West
and North lines of the Town of Derryfield reported as follows
(viz) Pursuant to a vote of the General Court directing us the
Subscribers to notify the Selectmen of Chester and then to proceed
to Ascertain and Establish the lines on the West and North of the
Town of Derryfield — The Select men of Chester was Notified
and attended upon the 23'' day of June 1789 — We began at a place
shewed to us to be the bounds between Litchfield and Derryfield,
from thence we measured up the River Merrimac according to the
General course of the Same eight miles and there we placed stake
& Stones from thence East Southeast about one mile and a half to
Some marked trees shewed to us by General Stark and he said it
was Chester line, from thence upon the Same course we measured
two miles and a half & fift}- two rods and placed a Stake and
Stones which is the Northeast corner of said Town — Signed
James Bettan Archibald M' Murphy, Zechariah Chandler — which
report being read and considered was Received & Accepted
Sent up by M' Young
Voted that M'' Toppan, M'' Sherburne & W Dow with such of
the Honb' Senate as they may join be a Committee to consider of
the Petition of Cap' Thomas Leavitt and report thereon —
Sent up by M'' Flanders
Voted that M"' Gains, M'' Smith & M"' Plummer with such of
the Honb' Senate as they may join be a Committee to consider of
the Petition of David Webster Esq' and report thereon —
Sent up by M' Temple
* 14-22 *Agreably to the order of the day proceeded to a hearing
on Petitions —
Upon hearing and considering the Petition of James Macgregore
Esq' voted that the prayer thereof be granted and that he have
leave to bring in a Bill accordingl}' — Sent up by M' Young
Voted that M' Dow, M' Emerson & M' Hoit wfth such of the
Honb' Senate as they may join be a Committee to consider of the
Petition of the Select men of Concord in the County of Grafton
and report thereon — Sent up by M' Young
Upon reading and considering the Petition of Jacob Sheafe Esq''
and others Inhabitants of Portsmouth — Respecting John Samuel
Sherburne Esqr" holding a Seat in the House of Representatives
on Account of his being an Invalid Pensioner & Attorney to the
L'nited States —
Voted that the Petition be dismissed, on which vote the 3'eas and
rays were called and are as follows (viz)
1790] JOURNAL OF THE HOUSE OF REPRESENTATIVES.
2/
Yeas. Yeas. Yeas. Yeas.
M>- Gains M"' Palmer M"- Wallace M'' Lane
W Wentvvorth M-- Hale M'' Gerrish M>- Grout
Mr Connor iM>- Badger M'' Flanders M'' Holmes
M'' Macgregore iM"" Giles M"" Page ' M'' Penniman
M'' Blanchard M'' Bedee Mr Shepherd M'' Morse
Mr Weeks M"- N Hoit M'' Stiles Mr Stone
Mr Brown Mr McMillan Mr Whitcomb Mr Kimball
Mr White Mr Dole Mr Gaskill Mr Baker
Mr Eastman Mr Emerson Mr Prescutt , Mr Burnham
MrTBartlett Mr Warner Mr Alexander Mr Crawford
MrM^'Clarey Mr Parker Mr Temple Mr Dow
Mr Clough Mr Barrett Mr M Smith Mr Tarlton
Mr Chamberlain Mr Abbott Mr Rand Mr Dame
Mr R Bartlett Mr Clark Mr Allen Mr Young
Mr Kelley Mr Cragin Mr Wellman Mr Eames
Mr E Smith Mr J Smith
•Nays. Nays. Nay.s. * I4-23
Mr Toppan Mr Plummer Mr Duncan
62 Yeas — 3 Nays — So it was determined —
The Committee appointed to draught an Answer to the late
President Sullivans Letter reported the following —
Sir/
The Senate and House of Representatives having received your
letter of this day wherein j'ou veiy affectionately take leave of
the two branches of the Legislature beg leave to express the high
sense they entertain of your Military talents & past exertions in
the many and important Offices you have been called by the Suf-
frages of your fellow citizens to Sustain and to Assure you that
the repeated marks of confidence the people of this State have
from time to time reposed in you have been but faint Testimonials
of their gratitude and your merit — They congratulate you on
your appointment to an honourable Office under the United states
and Sincerely wish that your health may be restored and that you
may long continue by dispensing equal justice a great blessing to
this people and while they anticipate future they will ever retain
a pleasing remembrance of your past exertions for the public
good — Sign'' Nath" Peabody for the Committee which report
being read and considered voted that it be received and accepted
and that said Committee present the Same to the Honb' John Sul-
livan Esq'' — Sent up by M' Gerrish
Adjourned to 3 o'Clock P. M. —
Met accordingly —
Voted that M' Hoyt, M' Warner, INP Taylor M'" Prescutt & M"'
Tarlton with such of the Honb' Senate as they may join be a Com-
S8 NEW HAMPSHIRE EARLY STATE PAPERS. [179°
mittee to consider of the Petition of the proprietors of Morristown
and report thereon — Sent up by M' Clark —
* 14-24 * Voted that M"' Cragin, M'' Emerson, W Wellman M'
Weeks «& M'' Penniman with such of the Honb' Senate
as they may join be a Committee to consider of the Petition of a
Number of the Inhabitants of Lyndsborough and other Towns
and report thereon — Sent up by M'' Whitcomb
Voted that M'' Page M'' R Bartlett & M'' Kimball with such of
the Honb' Senate as they may join be a Committee to consider of
the Petition of Jonathan Wooley and report thereon —
Sent up by M'' Whitcomb
Voted that the hearing on the Petition of the Honb' John Sulli-
van Esq'' which was to have been this day before the General Court
be postponed until Tuesday next of which all persons concerned
are to take notice and govern themselves accordingly —
Sent up by M'' Temple
Voted that M'' Crawford, M'' Penniman & M" Holmes with such
of the Honb' Senate as they may join be a Committee to consider
of the Petition of Samuel Camfield and report thereon —
Sent up b}' M'' Holmes
Voted that the hearing on the Petition of Joseph Kimball Esq''
which was to have been this day before the General Court be post-
poned until the second Wednesday of the next Session and that in
the mean time he cause that a Copy of the Petition and this order
be posted up in Some public place in the Town of Plainiield Six
weeks prior to the sitting of said Court that an}' person or persons
may then appear and shew cause if any they ha\e why the prayer
thereof may not be granted —
Sent up by M'' Blancliard
* 14-25 ]'oted that the Bond signed by the Treasurer, M'' * Pea-
body and NP Connor which the Committee have laid
before this House be accepted as fully satisfactory to said House —
Sent up by M'' Blanchard
Upon reading and considering the Petition of the Inhabitants
of New London z'oted that the Petitioners be heard thereon before
the General Court on the Second Wednesday of their next Session
and that in the mean time the Petitioners cause that the Substance
of the Petition and order of Court thereon be published in Some
one of the New Hampshire News papers three weeks Successively
prior to the sitting of said Court that any person or persons may
then appear and shew cause (if an\- tiiev have) why the prayer
thereof may not be granted — Sent up by M'' Wellman
1790] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 59
Voted that M'' Rand, M'' Blanchard & M'' Wliitcomb with such
of the Honb' Senate as they may join be a Committee to consider
of the Accounts of Josiah Gibnan Nath" Gibnan & Nath" Parker
Esquires and report thereon — Sent up by AP Wellman
Upon reading and considering the Petition of the Select men of
Thornton voted that the Petitioners be heard thereon before the
General Court on the Second Thursday of the next Session and
that in the mean time the Petitioners cause that the Substance of
the Petition and order of Court thereon be published in the Con-
cord Herald three weeks Successively prior to the sitting of said
Court that any person or persons may then appear and shew cause
(if any they have) why the prayer thereof may not be granted —
Sent up by M"' Baker
Whereas the Inferior Court of Common pleas by Law to be
holden at Dover on the third Tuesday of June Instant will happen
at the time of this Court's Sitting — many members whereof and
other persons obliged to attend thereon have business at
said Court of Common pleas * And whereas the General * 14-26
Sessions of the Peace for said County stand adjourned
to the first Thursday next following "the third Tuesday of June.
Therefore Resolved that the said Inferior Court of Common pleas
by Law to be holden at Dover on the third Tuesday of June In-
stant as well as said Court of General Sessions be and hereby are
adjourned to the Second Tuesday in July next then to be holden
at said Dover and all writs pleas and processes returnable to said
Courts of Common pleas and quarter Sessions held as aforesaid
shall be returned and Sustained at the said Courts to be holden on
the Second Tuesday of July next at said Dover —
Sent up by M"' Smith
The Speaker being absent motion was made for the choice of a
Speaker Protempore and William Page Esq' was chosen for that
purpose —
Voted that M'' Warner, M'' Dole & IVr Gibson with such of the
Honb' Senate as they may join be a Committee to consider of the
Petition of Elisabeth M'Clary and report thereon —
Sent up by M"' Tarlton
The Committee on the Pedtion respecting Starks & (M'Mil-
lans Locations reported that the Locations granted to Andrew
McMillan, William Starks, Phillip Bayley Vera Royce and James
Gray all Situate in the County of Grafton and near Conway and
contiguous to each other be classed together in One district &
Impowered to choose necessary officers for Assessing and collect-
6o NEW HAMPSHIRE EARLY STATE PAPERS. [179°
ing State and all other Taxes and transact any other business in
the Same manner that Towns and Parishes b}' Law are authorized
to do, and that Some Suitable person be appointed to call the first
meeting of the Inhabitants of said district and that they
* 1^-27 have liberty to bring in a *Bill accordinglj' — which
report being read & Considered voted that it be received
and accepted — Sent up by IVf Hoit
Voted that M'' Blanchard, M'' Tarlton & M'' Stiles with such of
the Honb' Senate as they may join be a Committee to consider of
the Petition of Moses Dow Esq'' in behalf of the Town of Coventry
and report thereon — Sent up by M'' Hoit
Upon reading and considering the Petition of the Select men of
Concord in the County of Grafton and the report of a Committee
thereon, voted that the Petitioners be heard thereon before the
General Court on the Second Friday of the next Session and that
in the mean time the Petitioners cause that Leonard Whiting Esq'
be served with a Copy of said Petition and order of Court Sixty
days prior to the sitting of said Court that he may then appear
and Shew cause (if any he hath) why the prayer thereof may not
be granted, and that all the extents against the Select men of
Concord alias Gunthwait be stayed until a decision be had —
Sent up by M' Iloit
Adjourned to 9 oClock to morrow morning.
FRIDAY June ii"' 1790
The House met according to adjournment
\'oted that M'' Toppan & M'' Page with such of the Honb'
Senate as they may join be added to the Committee on the Peti-
tion of Maj'' Jonathan Cass — Sent up by M' Weeks.
Voted that M' Dole & AP M'Clarey with such of the Honb'
Senate as they may join be added to the Committee on the Peti-
tion of Josiah Sweat — Sent up by M'' Duncan
The Committee on the Petition of Ozias Silsby reported that he
be allowed Six pounds in full for his Service — which report
being read and considered voted that it be received and Ac-
cepted — Sent up by M'' Duncan
•14-28 *The Committee on the Petition of Samuel Davis Re-
ported that the said Samuel ought to apply to the Court
of General Sessions of the peace in the County of Cheshire to remit
the line in said Petition mentioned and that the Petitioner have leave
to withdraw his Petition — which report being read and considered
voted that it be received and accepted — Sent up by M'' Eames
1790] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 61
The Committee" on the Petition of Samuel Campfield reported
that the prayer of the Petition be granted and that they have leave
to bring in a Bill accordingly — which report being read and con-
sidered voted that it be received and Accepted —
Sent up by M"' Eames
The Committee to draft an answer to his Excellencys Message
reported the following —
May it please your Excellency
The Senate and House of Representatives beg leave to congrat-
ulate your Excellency and the State on the Auspicious event of
your being placed in the chair of Government — After having so
long enjoyed the confidence of the Public in the many important
stations your Excellency has heretofore filled ; we are peculiar!}'
happy to find you still so attentive to the Calls of your Countr}- as
to quit an honourable and lucrative Office to enter on the arduous
duties of first Magistrate of this state
From -sour intimate knowledge of the Interests of the public
and your long tried attachments to the rights of men we form the
most flattering presages that under your administration the gov-
ernment will be prosperous and the people happy —
Having Spent the best part of a valuable life in the service of
the public and risked both life and property in it's cause
we rejoice that the people yet mindful of *such Obliga- *iq-29
tions, have given you the highest testimonials of their
gratitude in their power to bestow — A view of the dangers we
have escaped contrasted with the happiness we now enjoy affords
the most agreable sensations and pleasingly reminds us of your
Excellency's ardent exertions in warding oft' those dangers and
conducting us to our present Situation —
We are happy to find that the encouragement of the manufact-
ures of our Country has attached your Excellencys attention, we
are deeply sensible of their importance and although they now
languish under the impression of antient prejudices we hope by
suitable rewards to the Industrious and enterprizing no longer
to be indebted to foreign climes for articles that ma}' be better
raised and Manufactured among us —
An Adherence to engagements as well private as public we con-
sider as the palladium of our honour and happiness and the
flourishing state of our Country with its increasing resources we
presume will soon free us from the imputation of violated faith —
We are pleased to find that the revision of the Laws meets your
Excellency's approbadon and are happy in assuring you that we
hope soon to have the important object compleated —
62
NEW HAMPSHIRE EARLY STATE PAPERS.
[1790
All communications from your Excellency we shall receive with
pleasure and chearfullj- join in every measure to promote the
General Good —
That you may long live and enjoy the benedictions of a grateful
people and at Some very distant period be called to inherit the
rewards of the Christian and the Patriot is our fervent prayer —
Signed Oliver Peabody for the Committee which report being read
and considered, voted that it be received and Accepted —
Sent up by M"' Crawford —
Agreably to the order of the da}' proceeded to a hearing on
Petitions —
* 14-30 * Adjourned to 3 oClock P M —
Met accordingly
Voted that the Petition of Weymouth Wallace be referred to
the Committee on William Lowells Petition and that they report
thereon — Sent up by M' Grout
Voted that M" Wellman, M'' Page and M"' Holmes with such of
the Honb' Senate as they may join be a Committee to consider of
the Petition of the Revr'' Oliver Noble and report thereon —
Sent up by AP Wellman
The Committee on the Petition of Josiah Sweat and others
reported that the pra^-er thereof be so far granted as that a Com-
mittee be appointed by this Court to view the Premises (at the
expence of the Petitioners) and report to this Court at their next
Session — which report being read and considered voted that it
be received and accepted and that Cap' Stephen Dole of Bedford
Elijah Frink Esq'' of Lempster and Timothj' Taylor Esq'' of Mer-
rimac be a Committee for the purpose aforesaid —
Sent up by M"' Wellman
Upon hearing and considering the Petition of John Young Esq''
motion was made that the prayer thereof be granted and that he
have leave to bring in a Bill accordingly, on which motion the
veas and navs were called and are as follows — viz —
Mr Macgrcgore
M' Eastman
Mr T IJartlctt »
M'' Chamberlain
M"" I'almer
Mr Hale
Mr McMillan
Mr Clark
Mr Wallace
Mr Shepherd
Mr Stiles
Mr Whitcomb
MrGaskill
Mr Alexander
Yeas.
Mr Temple
Mr Rand
Mr Wellman
Mr Lane
Mr l'<
Mr Morss
Yeas.
Mr Kimball
Mr Duncan
Mr Baker
Mr 13urnam
Mr Uow
Mr Young
•Nays.
Nays.
M'' VVentworth
AK Plummer
Ml' Connor
Mr R Bartlett
M' Blanchaid
M"- Gibson
M"- Weeks
Mr Kellie
M-- Brown
Mr Badger
M'- White
Mf Giles
M-
1790] JOliRNAL OF THE HOl'SE OF REPRESENTATIVES. 63
Nays. Nays. * 1 4—3 1
Bedee M"" Gerrisli
Emerson M^ Allen
Parker Mi" Grout
Barrett M"" Stone
Abbott M' Crawford
Cragin M^ Dame
26 Yeas — 24 Nays — so it passed in the Affirmative —
Sent up by M" Gerrish —
l^o/cci that M'' Sherburne, M' Penniman & M' Stiles with such
of' the Honb' Senate as they may join be a Committee to consider
of the Petition of the Selectmen and others Inhabitants of Unity
and report thereon — Sent up by M'' Flanders —
i'o/cd that the hearing on the Petition of Jacob Hurd and others
which was to have been this day before the General Court be post-
poned to the Second Friday of the next Session and that in the
mean time the Petitioner cause that the Substance of the Petition
and this order of Court be published in one of the New Hampshire
News papers, also posted up in Some public place in the Town of
Lyman three weeks prior to the sittmg of said Court that any per-
son or persons may then appear and shew cause why the prayer
thereof may not be granted — Sent up by M'' Young
J^o/cd that M"' Connor, M'' Hoit M"' Abbott, M'' Shepherd and
M' Dow, with such of the Honb' Senate as they may join be a
Committee to consider of the Petition of Gen' James Reid and all
other Invalids belonging to this state and report thereon —
Sent up by M' Stiles
l^o/fd that M'' Gibson, M'' Barrett & M' M'^'Clarey'^with such of
the Honb' Senate as they may join be a Committee to consider of
the Petition of Gideon Tiffany and report thereon
Sent up b}- M'' Stiles —
Vo/cd that M'' Sherburne, M' Stiles & M"' Warner with such of
the Honb' Senate as they may join be added to the Committee to
consider what is the best method to be taken tor chusing Repre-
sentatives to Congress and report thereon —
Sent up by M' Gaskill
* Upon reading and considering the Pedtion of Josiah * 14-32
Kenney voted that he be recommended to the Clemency
of the "President and Council for pardon and remittance as they
judge proper — Sent up by M' Lane
Voted that M"' Abbott, M"' Gibson & M'' White with such of the
Honb' Senate as thev may join be a Committee to consider of the
Petition of Daniel Rindge Esq' & others and report thereon —
Sent up by M' Kelley
64 NEW HAMPSHIRE EARLY STATE PAPERS. [^790
An Act in addition to and amendment of an Act intiled an Act
to restore John Hogg and others to their Law — was read a third
time and passed to be Enacted —
Sent up by M"' Barrett & M'' Eastman
Upon reading and considering the Petition of the Select men of
the Town of Portsmouth voted that it be referred to the Committee
on the Petition of" the Trustees of Chestertield Academy and others
and that they report thereon — Sent up by M'' Stone
Voted that M'' Gains, M'' Badger, M'' [J.] Smith, M"- Hohnes
and M'' Eames with such of the Honb' Senate as the}' may join be
a Committee to Nominate to this House Six proper persons out of
whom for three to be appointed a Committee to Settle the accounts
between this state and the Treasurer thereof —
Sent up by M'' Bedee
Voted that M' Flanders, M'' Hoit cS: M'' Parker wiUi such of the
Honb' Senate as they may join be a Committee to consider of the
Petition of Maj'' Joseph Kimball in behalf of the Selectmen of
Plainfield and report thereon — Sent up by M" Alexander
Voted that M'- E Smith, W M'Millan & M'' Cragin with such
of the Honb' Senate as they may join be a Committee to consider
of the Petition of Isaac Moore & report thereon —
Sent up by AP Prescutt —
* 14-33 *Adjourned to 8 oClock to morrow morning
SATURDAY June 12'" 1790.
The House met according to adjournment
The Committee on the Letter received from the Honb' John
Hubbard Esq'' Judge of the Probate of Wills &c. for the County of
Cheshire, Reported that the said Hubbard be requested to order the
Trustee of the Estate of Breed Batcheldor to pay the ballance due
to this State to the Treasurer thereof in public Securities of this
State — which report being read and considered, voted that it be
received and accepted — Sent up by M' Stiles —
Voted that the hearing on the Petition from the Towns of
Wendall, Lempster, Unity, Newport & Fisherstield which was to
have been this Session of the General Court be postponed to the
Second Thursday of the next Session and that Cap' Jeremiah
Stiles of Keene, Lemuel Holmes of Surrey & Maj' Daniel Warner
of Amherst be a Committee at the Expence of the Petitioners to
view the Situation of said Petitioners and report their Opinion at
the next Session — said Committee are to notify the Select men of
1790] JOURNAL OF THF, HOUSE OF REPRESENTATIVES. 65
the Several Towns to attend them at the time and phice of their
meeting — Sent up by ISr Stiles —
Voted that M-- Taylor, M-- Abbott, M'' Badger, M'' Shepherd &
M"' Wentworth with such of the Honb' Senate as they may join
be a Committee to consider of the Petition of Maj'' Jonathan Cass
report thereon — Sent up by AP M'Clarey
The Committee on the Petition of Samuel Ladd & others the
Petition of Ichabod Robie and others &c Reported that the Laws
for the preservation of fish in Merrimac River do not answer
the purpose intended and that Some alterations and additions to
said Laws are necessary to effect the design proposed — which
report being read and considered, voted that it be received and
accepted and that Col" Badger be desired to get a Bill draughted
agreable to some minutes made by the Committee —
Sent up by M"' Stiles
The Committee appointed in January last to view the lines
between the Revr'' M'' Barnard's & the Revr'' M'' Bruce's
parishes *in Amherst reported that the lines between the * 14-34
said Parishes be in future conformable to the following
description (viz) beginning at the Southeast corner of the Warner
lot so called and the Southwest corner of the Lot that John Coch-
ran & Amos Flint now lives on, thence running Northwardly on the
west line of said Cochrans and Flints lot to the Northwest corner
thereof — thence running Eastwardly to the Southwest corner of
the Lot that Nathan Fuller now lives on, thence running North-
wardly to the Northwest corner of the same — thence running
Eastwardly to the Southwest corner of the lot Benjamin Pike now
lives on, thence running Northwardly to the Northwest corner of
the Same, thence running Westwardly to the Southwest corner of
the Lot John Manning now lives on — thence running North-
wardly to the Northwest corner of the Same — thence running
Eastwardly to the Southwest corner of Lot number ninety sup-
posed to belong to Holt and Abbott — thence running North-
wardly to the Northwest corner of said Lot, thence running East-
wardly to the southwest corner of lot number 104, thence running
Northwardly to the Northwest corner of the Same thence running
Eastwardly to the Southwest corner of Henry Spaulding's land
thence running Northwardly by said Spauldings land to the
Northeast corner thereof, till it intersects the line between
Amherst aforesaid and New Boston so as to take in all Spauld-
ings land now belonging to the farm he now lives on and leave
66 NEW HAMPSHIRE EARLY STATE PAPERS. [179°
all the lots South and east of the above described lines to the Revr''
AP Barnards Parish in said Amherst
Concord June lo"' 1790 — Sign"' Cj-rus Baldwin for the Com'*''
which report being read and considered voted that it be received
and accepted and that they have leave to bring in a Bill accord-
ingly — Sent up by AP Holmes
An Act to impower Abel Allen to sell certain lands in Chester-
field in the County of Cheshire belonging to his wards, was read
a third time and pased to be Enacted —
Sent up M'' Holmes & M'' Alexander.
* 14—35 *An Act to impower the Superior Court of Judicature for
the County of Rockingham to be holden at Portsmouth
on the fourth Tuesday of April 1791 to take cognizance of and
give Judgment in an Action wherein William James of Bristol in
the County of Bristol and Kingdom of Great Britain Merchant
was Appellant against George Meserve of Portsmouth in the
Province of New Hampshire Merchant appellee was read a third
time and pased to be Enacted —
Sent up by M'' Holmes & M'' Alexander
Adjourned to Monday next at 3 oClock P. M.
MONDAY June 14'" 1790
The House met according to adjournment
Upon reading and considering the Petition of Samuel Camp-
field and the report of a Committee thereon, voted that the Peti-
tioner be heard thereon before the General Coin-t on y" 2'' Wednes-
day of the next session and that in the mean time the Petitioner
cause that the Substance of the Petition and order of Court
thereon be published three weeks Successivelj^ prior to the Sitting
of said Court in one of the New Hampshire News papers that anj'
person or persons may then appear and shew cause (if any they
have) why the prayer thereof may not be granted —
Sent up by M'' Prescutt
Upon reading and considering the Petition of Gideon Tiffany
and the report of a Committee thereon voted that the Petitioner
be heard thereon before the General Court on the Second Thurs-
day of the next session and that in the mean time the Petitioner
cause that Alexander Phelps or his Attorney be served with a
Copy of said Petition and order of Court thereon three weeks
prior to the sitting of said Court that he may then appear and
shew cause why the prayer thereof may not be granted —
Sent up by M"' Stiles
[790] JOURNAL OF THE HOUSE OF REPRESENTATIVES.
67
Voted that M'' Badger, M'' Gains, & M'' Allen with such of the
Honb' Senate as they may join be a Committee to consider of the
Petition of the Selectmen of Wendall & report thereon —
Sent up by M'' Young
* Upon reading and considering the Petition of the * 14-36
Select men of Lyman and the report of a Committee
thereon voted that the Petitioner be heard thereon before the
General Court on the Second Friday of the next Session and that
in the mean time the Petitioners cause that the Substance of the
Petition and order of Court thereon be published three weeks Suc-
cessively prior to the sitting of said Court in one of the New
Hampshire News papers that any person or persons ma}' then
appear and shew cause why the prayer thereof may not be
granted — Sent up by M"' Young
The Committee on the Petition of Elisabeth M''Clarey reported
that the Petitioner be heard thereon before the General Court on
Sojne day in the next Session — On reading said report Motion was
made to accept the Same on which motion the yeas and nays were
called and are as follows viz.
Yeas.
Yeas.
Yeas.
Yeas.
Mr Blanchard
Mr Warner
Mr Temple
Mr Duncan
Mr Brown
M'- Clark
Mr M Smith
Mr Baker
M-^ M<^Clarey
Mr Wallace
Mr Rand
Mr Burnam
M-- Gibson
Mr Shepherd
Mr Wellman
Mr Dow
M"- Kellie
Mr Stiles
Mr Grout
Mr Crawford
Mr Palmer
Mr Whitcomb
Mr Penniman
Mr Young
Mr N Hoit
Mr Prescutt
Mr Morse
Mr Eames
M-- Copp
Mr Alexander
Mr Kimball
Mr Badger
Mr McMillan
Nays.
Nays.
Nays.
Nays.
Mr White
Mr E Smith
I\lr Cragin
Mr Lane
Mr Eastman
Mr Hale
Mr Gerrish
Mr Holmes
M'- Plummer
Mr Giles
Mr Page
Mr Stone
Mr Chamberlain
Mr Barrett
Mr Gaskill
Mr Dame
Mr Bartlett
Mr Abbott
Mr Allen
33 Yeas — 19 Na_vs — So it was Accepted —
Whereupon voted that the Petitioner be heard thereon before
the General Court on the Second Friday of the ne.xt
Session and that in the mean time the Petitioner * cause * 14— 37
that Nathanael Gilman the Petitionee be served with a
Copj' of the Petition and order of Court thereon three weeks prior
to the Sitting of said Court that he may then appear and Shew
cause why the prayer thereof may not be granted and that the
68 NEW HAMPSHIRE EARLY STATE PAPERS. [^790
Execution against the Petitioner be stayed until the decision of
the General Court — Sent up by M'' Gaskill
Upon reading and considering the Petition of Moody Bedel
voted that the prayer thereof be granted and that he have leave
to bring in a Bill accordingly — Sent up by M'' Dow
The Committee to take under consideration the Act of Congress
respecting Light Houses &c and report whether the light house
in this State and what territory shall be ceeded to the United
States — Reported that the light house in this State with one
quarter of an Acre of Land adjoyning be ceeded to the United
States — which report being read and considered voted that it be
received and Accepted & that a Bill be brought in for that pur-
pose — Sent up by M"' Wentworth
Upon reading and considering the Petition of William Burrows
Jun' voted that the Petitioner be heard thereon before the General
Court on the Second Thursday of the next Session and that in the
mean time the Petitioner cause that James Buttertield the Peti-
tionee be served with a Copy of the Petition and order of Court
thereon within Six weeks from this time that he may then appear
and Shew cause if any he hath why the prayer thereof ma)' not
be granted and that the Execution against said burrows be stayed
until the decision of the General Court —
Sent up by AP Burnam
Voted that AP Giles, AP Plummer, M'' Barrett," AP Dow & W
Duncan with Such of the Honb' Senate as thej' may join be a
Committee to take under consideration a letter from M'' Thomas
Odiorne to the Honb' the Speaker of this House and report
thereon — Sent up by M'' Giles —
* 14-38 * Voted that M"' Sherburne, Af Barrett", M"' White M"'
Eames & M'' Whitcomb, with such of the Honb' Senate
as they may join be a Committee to draught a Bill for establish-
ing permanent and Honb' Salaries for the Honb' Justices of the
Superior Court of Judicature for this State and lay the Same
before this House — Sent up by M' Gerrish
Voted that M'' Sherburne, W Copp, M"- J Smith, M'' Page &
M' Dow with such of the Honb' Senate as they may join be a
Committee to take under consideration what business is yet
necessary to be done at this session and at what time and to what
time and place this Court shall be adjourned also consider what
allowance shall be made to the Members of the Honb' Senate &
House of Representatives & their Officers for travel & attendance
at the present Session and report thereon —
Sent up by M"' Wallace
^79°] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 69
Upon reading and considering the Petition of the Inhabitants of
Alexandria voted that the Petitioners be heard thereon before the
General Court on the Second Thursday of the next Session and
that in the mean time the Petitioner cause that the Substance of
the Petition and order of Court thereon be published three weeks
Successively prior to the sitting of said Court in the New Hamp-
shire Gazzette that an}- person or persons may then appear and
Shew cause (if any they have) why the prayer thereof may not
be granted — Sent up by M'' Crawford
Voted that M'' Gibson, M'' Barrett & M'' Gaskill with such of
the Honb' Senate as they maj' join be a Committee to consider of
the Petition of James Houston and report thereon —
Sent up by M'' Dole
Resolved that his Excellency the President be * re- * 14-39
quested to direct the Several Judges of Probate within
this State immediately to call on the Trustees to the Estate of
Absentees to settle their Accounts and pay to the Treasurer the
ballances due thereon and on failure thereof to deliver the Bonds
of such Trustees into the hands of the Attorney General to be
prosecuted — Sent up by IVP Stone
Voted that M'' Plummer, M'' Hoit & M"' Flanders with such of
the Honb' Senate as they may join be a Committee to consider of
the Petition of William Hastings and report thereon —
Sent up by M"' Dole
Voted that M'' White M"' Hoit, M'' Cragin, M'' Page and M"
Baker with such of the Honb' Senate as they may join be a Com-
mittee to consider of the propriety of the Treasurer's issuing
extents for outstanding Taxes, Excise & Impost and report
thereon — Sent up by M'' Burnam
Voted that Jonathan Lock be allowed eighteen shillings in full
for his Account for going to Nottingham to Notify Gen' Cilley of
his Appointment and that the President give order accordingly —
Sent up b)' M"' Tarlton
Voted that the Account of Richard Hazzen Osgood amounting
to one pound twelve shillings & ten pence be allowed and paid
out of the Treasury by order of the President —
Sent up by W Tarlton
Adjourned to 8 oClock to morrow morning
TUESDAY June 15'" 1790.
The House met according to adjournment
The Committee on the Petition of Maj'' Jonathan Cass reported
that the Treasurer be directed to receive of Maj' Jonathan Cass
70
NEW HAMPSHIRE EARLY STATE PAPERS.
[1790
the Sum of one hundred and twenty pounds in the Securities of
this State in part payment of an Extent for Excise now lying
against said Cass & that the extent for the remainder of said Bond
be Stayed until the next session of the General Court, which
report being read and considered voted that it be
* 14-40 received and * accepted with this amendment that the
Treasurer receive one hundred pounds only in State
Securities — Sent up by M'' Wellman
An Act to enable Oliver Farwell and Daniel Stearns to sell the
Real Estate of Josiah Hodgman late of Merrimac deceased, was
read a third time and passed to be Enacted —
Sent up by M'' Flanders & M'' Dame
An Act to enable the Inhabitants of the one Mileslip and
Duxbur}' school farms to lay out make and repair all necessary-
highways & bridges within their districts and to raise money and
apply it for schooling their youth in the same manner as the Sev-
eral Incorporated Towns in this State are Impowered by Law to
do — was read a third time & passed to be Enacted —
Sent up by M' Flanders & M"' Dame —
The Committee to consider v^'hat is the best method to be taken
for chusing representatives to represent this State in the Congress
of the United States — Reported that the state be divided into three
districts for that purpose — On reading said report motion was
made to accept the same on which motion the yeas and nays were
called and are as follows (viz) —
Yeas.
Yeas.
Yeas.
Yeas.
M^ Warner
Mr Page
Mr Wellman
Mr Stone
M"- Parker
Mr Stiles
Mr Lane
Mr Baker
Mf Barrett
Mr Prescutt
.Mr Grout
Mr Dow
Mr Abbott
Mr M Smith
.\lr Holmes
Mr Tarlton
M"- J Smith
Mr Rand
Mr Penniman
Mr Dame
Mf Wallace
Mr Allen
Nays.
Nays.
Nays.
Nays.
Mr Gains
Mr Flanders
xMr Temple
Mr Crawford
Mr Sherburne
Mr Brown
Mr Chamberlain
Mr Badger
M' Wentworth
Mr White
.\ir R Bartlett
Mr Giles
Mr Connor
Mr Eastman
Mr Gibson
Mr Hoit
Mr Macgregore
Mr Plummer
Mr Kellie
Mr Copp
Mr Blanchard
Mr Bartlett
Mr E Smith
Mr M'-.Millan
•14-41 * Mr Clark
Mr AU-Clarey
Mr Shepherd
Mr Palmer
Mr Morss
Mr Emerson
Mr E Hoit
Mr Cragin
Mr Whitcomb
Mr Duncan
Mr Young
Mr Gerrish
Mr Ale.\ander
Mr Burnam
Mr Eames
22 Yeas — 39 Nays — So it
litted —
,'as not accepted but was recom-
79°] JOURNAL OF THE HOUSE OF REPRESENTATIVES.
71
[Agreably to the order of the day proceeded to a hearing on
Petitions — ]
Adjourned to 3 o clock P. M.
Met accordingly — [and proceeded to a hearing on petitions.]
Voted that the hearing on the Petitions of Stephen Herriman
Esq" & others and the Petition of Charles Johnston Esq'' and
others which were to have been this day before the General Court
be postponed to the second Tuesday of the next Session of which
all persons concerned are to take notice and govern themselves
accordingly — Sent up by M'' Crawford —
Upon reading and considering the Petition of Sarah Sherburne
and others voted that the prayer of the Petition be granted and
that the Petitioners have leave to bring in a Bill granting the liberty
of entering an Action at the next Superior Court to be holden in
said County as though it had been appealed, and that the Execu-
tions and all demands between the parties be stayed until the
decision of the Superior Court — Sent up by M'' Wentworth
Voted that M'' Wallace, M'' Dole & "SV Abbott with such of the
Honb' Senate as they may join be a Committee to consider of the
Petition of Job Dow Esq"" and report thereon —
Sent up by M'' Temple
Voted that M'' Sherburne, M" Gains & M"' [N.] Hoit with Such
of the Honb' Senate as they may join be a Committee to consider
of the Petition of John Porter Esq'' and report thereon —
Sent up by M'' "Wentworth
Upon hearing and considering the Petition of the Honb' John
Sullivan Esq'' motion was made that the prayer thereof be
granted — On which motion the yeas and * Nays were * 14-42
called and are as follows viz —
Yeas.
Yeas.
Yeas.
Yeas.
Mr Wentworth
Mr Copp
Mr Shepherd
Mr Wellman
Mr Macgres^ore
Mr M'^-Millan
Mr Stiles
Mr Lane
Mr Bartlett"
Mr Dole
Mr Whitcomb
Mr Holmes
M-- M'-Clare)-
Mr Warner
M->- GaskiU
Mr Stone
Ml' Chamberlain
Mr Barrett
Mr Prescutt
Mr Burnam
Mr R Bartlett
Mr Clark
Mr Temple
Mr Dow
Mr Pahiier
Mr Wallace
Mr M Smith
Mr Tarlton
Mr Badger
Mr Flander?
Mr Rand
.Mr Young
Mr N Hoit
Nays.
Nays.
Nays.
Nays.
Mr Gains
Mr Brown
.Mr Gibson
Mr Giles
Mr Connor
Mr White
Mr Kellie
.Mr Emerson
Mr Blanchard
Mr Eastman
Mr E Smith
.Mr Abbott
Mr Toppan
Mr Plummer
Mr Hale
Mr Cragin
72 NEW HAMPSHIRE EARLY STATE PAPERS. [179°
Nays.
Nays.
Nays.
Nays.
Mr Gerrish
Mr Grout
Mr Duncan
Mr E Hoit
M^ Page
W Henniman
Mr Baker
Mr Dame
M"" Alexander
Mr Morse
Mr Crawford
Mr Eames
Mr Allen
Mr Kimball
33 Yeas — 30 Nays — So the prayer thereof was granted and
the Petitioner hath leave to bring in a Bill accordingly
Sent up by M'' Copp —
Upon hearing and considering the Petition of the Select men of
New Chester and Bridgewater zwied that the prayer thereof be
granted and that they have leave to bring in a Bill accordingly at
this or the next Session — Sent up by M"' Holmes
Upon hearing and considering the Petition of the Select men of
Warren vo/ed that the Petitioners have leave to bring in a Bill at
this or the next Session authorizing the Select men to levy a Tax
of two pence l^' Acre for one year on the Lots of the Non-resi-
dents which are now laid out — Sent up by M'' Holmes —
Upon hearing and considering the Pedtion of Joseph Blake
voied that the prayer thereof be granted and that he have leave
to bring in a Bill accordingly Sent up by M"' Holmes
Upon hearing and considering the Petidon of the Select men of
Wentworth voied that the prayer thereof be granted and that they
have leave to bring in a Bill according!}' —
Sent up by M'' Dame
* 14-43 * Upon hearing and considering the Petition of Col"
Ebenz"' Brewster voied that the prayer thereof be granted
and that he have leave to bring in a Bill accordingly at this or the
next Session — Sent up by M'' Holmes
Upon hearing and considering the Petition of the Select men of
Protectworth volcd that the prayer thereof be so far granted as that
they have leave to bring in a Bill at this or the next Session for
raising two pence '"<^'' Acre on all the land in said Town for one
year — Sent up by M' Duncan
Voicd that the hearings on the Peddon of the Select men of
Alstead, the Peddon of Jonathan Blake Esq'' and the Petidon of
the Selectmen of Wendall which were to have been this day
before the General Court be postponed to the Second Tuesday
of the next Session and that the Selectmen of said Alstead
and the Select men of said Wendall cause that public nodce be
given agreably to the former order three weeks prior to the Next
Session of said General Court — Sent up by M' Duncan
Voted that the remainder of the hearings which were to have
been this day before the General Court be postponed until to-
1790] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 73
morrow of which all persons concerned are to take notice and
govern themselves accordingly — Sent up by M"' Duncan
Adjourned to 8 oClock to morrow morning
WEDNESDAY June i6«" 1790.
The House met according to adjournment
Vo/ed that M' Dows M"' Penniman, & M'' Gibson with such of
the Honb' Senate as they may join be a Committee to consider of
the Petition of the Select men of Bath and report thereon —
Sent up by M'' Young
Upon hearing and considering the Petition of Jaasiel Herriman
voted that the Petitioner have liberty to re-enter Said Action at the
Inferior Court next to be holden in the County of Grafton and
plead to the said Action as fully as though no default had taken
place tit that he have leave to bring in a Bill accordingly —
Sent up by AP Young
* Voted that M'' Burnam, M' Barrett M'' White M' * 14-44
Toppan «& M' Macgregore with such of the Honb' Sen-
ate as they may join be a Committee to consider of the proposals
made by William Page Esq"' tor a tract of Land also consider of
the propriet}' of disposing of the unlocated Lands in the North-
erly part of this State and report thereon —
Sent up by AP Parker
Upon reading and considering the Petition of the Inhabitants of
Chester praj'ing that the time of holding their Annual meeting
ma}' be altered voted that the prayer thereof be granted and that
the}' have leave to bring in a Bill or Resolve accordingly —
Sent up by M' Blanchard
An Act to incorporate certain Locations in the County of Graf-
ton by the Name of Bartlett — was read a third time and passed
to be Enacted — Sent up by M"' M'^^Millan & M"' Parker
Upon reading and considering the Petition of the select men of
Packersfield voted that the prayer thereof be so far granted as that
they have leave to bring in a Bill at this or the next Session for
raising a Tax of two pence on each acre of Nonresidents Lands in
said Town for one year — Sent up by IsV Morss —
Col" Benjamin Stone not appearing in Support of his Petition —
motion was made to dismiss the Same, on which motion the yeas
and nays were called and are as follows —
74
NEW HAMPSHIRE EARI.Y STATE PAPERS.
[1790
Yeas.
Yeas.
Yeas.
Yeas.
Mr Gains
Mr Kellie
Mr Gerrish
Mr Holmes
Mr Wentworth
Mr E Smith
Mr Page
Mr Penniman
M" Connor
Mr Hale
Mr Shepherd
Mr Morss
M' Toppan
Mr Giles
Mr Stiles
Mr Duncan
m Brown
Mr M^-Millan
Mr Whitcomb
Mr Baker
Mr White
M'- Parker
Mr Alexander
Mr E Hoit
Mr Eastman
Mr Barrett
Mr Allen
Mr Dame
Mr Plummer
Mr Cragin
Mr Grout
Mr Eames —
Mr Gibson
•14-45 *Nays.
Nays.
Nays.
Nays.
Mr Macgregore
Mr Badger
Mr Prescutt
Mr Burnam
Mr Blanchard
Mr N Hoit
Mr M Smith
Mr Crawford
Mr T Bartlett
Mr Copp
Mr Rand
Mr Payne
Mr MeClarey
Mr Ta\lor
Mr Wellman
Mr Dow
Mr Chamberlain
Mr Emerson
Mr Lane
Mr Tarlton
Mr R Bartlett
Mr Warner
Mr Stone
Mr Young
Mr Palmer
Mr Clark
Mr Kimball
33 Yeas — 27 Nays — so it was dismissed —
Voicd that M"' Hoyt, M' Cragin & M' Payne with such of the
Honb' Senate as they may join be a Committee to consider of the
Petition of the Heirs of Col" John Wentworth deceased and report
thereon — Sent up by M'' Giles
Voted that the account of Cap" David Hough amounting to
three pounds twelve shillings be allowed and paid out of the
Treasury by order of the President —
Sent up by M"' Chamberlain
Upon reading and considering the Petition of the Proprietors of
Eaton and Burton voted that the Petitioners be heard thereon
before the General Court on the Second Tuesday of their next
Session and that in the mean time the Petitioners cause that the
Substance of the Petition and order of Court thereon be published
three weeks Successively in the New Hampshire Gazzette Six
weeks prior to the sitting of said Court that any person or persons
may then appear and shew cause (if any the)' have) why the
prayer thereof may not be granted — Sent up by M"' Taylor
The Committee on the Petition of Cap' Thomas Leavitt reported
that the prayer of said Petition be granted and that he have leave
to bring in a Bill accordingly — Sent up by IVP Toppan
Agreably to the order of the day proceeded to a hearing on
Petitions —
Upon hearing and considering the Petition of the Inhabitants of
Cardigan voted that the prayer thereof be granted and that they
have leave to bring in a Bill accordingly at this or the next
Session — Sent up by M'' Toppan
1790] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 75
* Upon hearing and considering the Petition of the * 14-46
Inhabitants of Gilsom and Sullivan voted that the prayer
thereof be granted and that they have leave to bring in a Bill
accordingly at this or the next Session Sent up by M'' Cragin
Voted that M'' Badger, M'' Payne, & M"' Gibson with such of the
Honb' Senate as they may join be a Committee to consider of the
Petition of Maj'' William Boynton & report thereon —
Sent up by M"' Bartlett
Voted that the hearing on the Petition of Joseph Hicks Esq''
which was to have been this day before the General Court be
postponed to the third Wednesday of the next Session of which all
persons concerned are to take notice and govern themselves
accordingly — Sent up b)' M'' Temple
Voted that M' White W E Smith, M'' Barrett, M'' Page & M""
Eames with such of the Honb' Senate as they may join be a Com-
mittee to take under consideration what shall be done with the
money now in the Treasury and report thereon —
Sent up by AP M'^Clarey
Voted that M'' Plummer, M'' N : Hoit. M"' J Smith M'' Page &. W
Dow with such of the Honb' Senate as they may join be a Com-
mittee to consider of the propriety of exempting the bodies of
debtors from being imprisoned by executions arising upon civil
contracts when Sufficient property may be had, and report
thereon — Sent up by M' Duncan
Voted that M'' Macgregore, W [E.] Smith, M'' Barrett M'' Pen-
niman & AP Dow with such of the Honb' Senate as they may join
be a Committee to consider of the Representation and Petition of
George Hough and all Similar matters and report thereon —
Sent up by AP Duncan
Upon reading and considering the report of the *Com- * 14-47
mittee appointed to report their Opinion Respecting an
alteration in the lines of the Respective Counties in this state and
whether any and what alterations are necessary Voted that the
Secretary be requested to furnish the Several printers in this State
with a Copy of said report as soon as conveniently may be and
that the Several printers be requested to print the Same in the Sev-
eral news papers three weeks Successively and that the further
consideration of said report be postponed until the next Session —
Sent up by M"' Lane
Adjourned to 3 oClock P. M.
Met accordingly —
The Committee to consider what is the best method to be taken
for chusing Representatives to Congress, reported that a Similar
*]6 NEW HAMPSHIRE EARLY STATE PAPERS. [l79°
mode to that pursued by the Act for carrying into effect an
Ordnance of Congress of the 13"' of September 1788 is the best
method of Chusing Representatives to represent this State in
Congress and that a Bill be brought in accordingly — which
report being read and considered voted that it be received and
Accepted and that M'' Plummer M"' Toppan & M'" E Smith with
such of the Honb' Senate as they ma}' join be a Committee to
draught a Bill for that purpose and lay the Same before this
House — Sent up by M'' Copp —
Whereas Woodbur}' Langdon Esq'' one of the Justices of the
Superior Court of Judicature for said state has at divers times
neglected his dut}' in said Office in not attending at the times and
places prescribed by Law for holding said Court (viz) at Amherst
on the Second Tuesday of May last at Charlestown in the County
of Cheshire on the third Tuesda}' of May last and at Plymouth
on the fourth Tuesda}- of said May and likewise b}- means of his
not attending upon his said duty the Court which by Law was to
have been holden at Plymouth within and for the County of Graf-
ton on the fourth Tuesday of May A D. 1789 was not
* 14-48 holden at said time but adjourned until *the Monday
next preceeding the third Tuesda}' of October in the
Same year by means whereof no business could be done at said
Court which occasioned much inconveniency damage and uneasi-
ness among the good citizens of this State —
And whereas it is absolutely necessary that the Superior Court
should be composed of Gentlemen who can and will attend to the
important business that must unavoidably be brought to said
Court and the true genius of Republicanism dictating that it is
absolutely essential that no Office in Government should be held
as a Sinecure
Therefore Resolved that the President and Council be addressed
by both houses of the Legislature to remove the said Woodbury
Langdon Esq' from his Office of Justice of the Superior Court of
Judicature of this state
On reading the foregoing, motion was made that the Same be
passed into a Resolve on which motion the yeas and nays were
called and are as follows (viz) —
Yeas.
Yeas.
Yeas.
Yeas.
M' Hale
.Mr Page
Mr
■ Allen
Mr Kimball
Mr M'-Millan
M-- Shepherd
M'
■ Lane
Mr Crawford
M-- Dole
W Stiles
W
Grout
Mr Tarlton
Mr Warner
M' Gaskill
Mt
■ Penniman
Mr Duncan
M^ Wallace
Mf Temple
^79°] JOURNAL OF THE HOUSE OF REPRESENTATIV)
77
Nays. Nays. Nays. Nays.
M'- Gains Mr Chamberlain M>- Parl<er M^ M Smitli
Mr Sherburne Mr R Bartlett Mr Barrett Mr Rand
Mr VVentworth Mr Gibson Mr Abbott Mr Wellman
Mr Connor Mr KelHe Mr Clark iMr Morse
Mr Macgregore Mr E Smith Mr Cragin Mr Stone
Mr Blanchard Mr Palmer Mr J Smith Mr Duncan
Mr Brown Mr Giles Mr Gerrish Mr Baker
Mr White MrNHoit Mr Flanders Mr Burnam
Mr Eastman Mr Copp Mr Whitcomb Mr E Hoit
Mr Plummer .Mr Taylor Mr lYescutt Mr Dow
Mr T Bartlett Mr Emerson Mr Alexander Mr Young
Mr Mi'Clarey
i8 Yeas — 45 Nays — so it was rejected —
* An Act to enable Jacob Burbank to sell certain Land * 14-49
of his Ward — was read a third time and passed to be
enacted Sent up by M'' Brown & TvP Dole
Voted that M' Gaskill, M"' Grout, & M'' Allen with such of the
Honb' Senate as they may join be a Committee to consider of the
Petition and Account of Moore Russell & Report thereon
Sent up by M'' Brown
Voted that M"' Gains, M"' Hale & M'' Toppan with such of the
Honb' Senate as they may join be a Committee to consider of a
Letter from the Treasurer to his E.xcellency the President &
report thereon — Sent up by M"' Brown
Voted that Thursday the twenty fifth day of November next be
observed and kept as a day of public Thanksgiving throughout
this State and that his Excellency the President with advice of
Council be desired to issue a Proclamation Seasonably for that
purpose — Sent up by Ar Gains —
Upon reading and considering the Petition of William Tenny
and the report of a Committee thereon — voted that the Petitioner
be heard thereon before the General Court on the Second Tues-
day of their next Session and that in the mean time the Petitioner
cause that Abijah Mosher the Petitionee be served with a Copy of
the Petition and order of Court thereon three weeks prior to the
Sitting of said Court that they or either of them may then appear
and Shew cause wh}' the prayer thereof may not be granted —
Sent up by M'' Emerson
The following Resolve came down from the Honb' Senate for
Concurrence —
State of New Hamp' In Senate June 16"' 1790
Whereas a Resolve passed the General Court on the fifth day
of June Current that a Special Court of General Sessions of the
78 NEW HAMPSHIRE EARLY STATE PAPERS. [179°
Peace should be holden at Amherst in and for the County of
Hillsborough on Thursday the tenth day of June current for the
purpose of Examining the returns of votes for Register of Deeds
in said County and that the Justices of said Court
* 14-50 *were in and by said Resolve impowered to adjourn
from day to day for said purpose, and whereas said
Special Court is not impowered to transact any other business —
Be it Therefore Resolved that the said Special Court of Gen-
eral Sessions of the peace at any time when it shall sit by
adjournment as aforesaid previous to the next Session of said
Court by Law Establised be impowered to consider the Situation
of Josiah Kenney now a prisoner in the Goal at said Amherst
and remit to or take Securit)- from him for the tine imposed on
him by the Superior Court of Judicature holden at said Amherst
in October last, if said Court shall think proper in the Same
manner that the said Court might do at any Session Established
by Law — Sent up by M"^ Emerson
Adjourned to 8 oClock to morrow morning
THURSDAY June 17'" 1790
The House met according to adjournment
Voted that NP Toppan. M' Kellie, Af Emerson, M'' Duncan &
M'' Page [Pa3'ne] with such of the Honb' Senate as they may
join be a Committee to consider of the Petition of Samuel Hobart
Esq"' and report thereon — Sent up b}- M' Rand
Upon reading and considering the Petition from the Town of
Coventry and the report of a Committee thereon voted that the
Petitioners be heard thereon before the General Court on the Sec-
ond Friday of the next Session & that in the mean time the Peti-
tioners cause that the Substance of the Petition and order of Court
thereon be published in one of the News papers in this State three
weeks Successively before the next Session that any person or
persons may then appear and shew cause (if any the}' have) wh}'
the prayer thereof may not be granted, and that the Extents
against Coventry be stayed until a decision be had —
Sent up by M"' Dow —
* 14-51 * Voted that M"" Emerson, M'' Warner & M' Whitcomb
with such of the Honb' Senate as they may join be a
Committee to consider the Petition of Col" Jonathan Wentworth
and report thereon — Sent up by M'' Alexander
Voted that the Account of Jeremiah Eames Esq' be referred to
1790] JOURNAL OF THE HOUSE OF REPRESENTATIVES.
79
the Committee on the Petition & Account of Moore Russell and
report thereon — Sent up by M' Alexander
Upon reading and considering the Petition of the heirs of the
Estate of Col" John Wentworth of Sommersworth deceased and
the report of a Committee thereon, voted that the Petitioners be
heard thereon before the General Court on the third Wednesday
of their next Session and that in the mean time the Petitionei's
cause that James Adams & John Henry Heiner mentioned in said
Petition be served with a Cop}' of said Petition and order of Court
thereon three weeks prior to the Sitting of said Court that they or
either of them may then appear and Shew cause why the prayer
thereof ma}' not be granted — Sent up by M'' Gerrish
An Act to vacate and annul a certain deed made by Joseph
Blake to his Son Isaac Blake dated Jan'' 3* 1789 was read a third
time and passed to be enacted —
Sent up by M'^ Stiles & M'' Shepherd
An Act to enable Jonathan Sherburne of Portsmouth Physician
to enter an appeal at the next Superior Court to be holden at
Keene in and for the County of Cheshire from a judgment ren-
dered against the said Jonathan by default in an Action of Cove-
nant broken commenced against him and others by Jonathan
Whitcomb Esq% and to enable Sarah Sherburne & Samuel Pen-
hallow who were Sued with the said Jonathan Sherburne but not
Summoned to become parties to said Suit — was read a third time
and passed to be Enacted —
Sent up by M"' Stiles & M"' Shepherd
Upon a Second reading of the title and preamble of a Bill for
restoring the Honb' John Sullivan Esq"' to his Law
*in certain Actions — Motion was made to accept the * 14-52
Same, On which motion the yeas and nays were called
and are as follo'ws (viz)
Yeas.
Yeas.
Yeas.
Yeas.
M"- Wentworth
Mr N Hoit
Mr Flanders
Mr Wellman
M'' Macgregore
Mr Copp
Mr Page
Mr Lane
Mr Blanchard
Mr McMillan
Mr Stiles
Mr Holmes
Mr T Bartlett
Mr Tavlor
Mr Whitcomb
Mr Stone
Mr M<^Clarey
Mr Dole
Mr Gaskill
Mr Burnam
Mr Chamberlain
Mr Warner
Mr Prescutt
Mr Dow
Mr R Bartlett
Mr Barrett
Mr Temple
Mr Tarlton
Mr Palmer
Mr Clark
Mr M Smith
Mr Young
Mr Badger
Mr Wallace
Mr Rand
8o
NEW HAMPSHIRE EARLY STATE PAPERS.
[1790
Nays. Nays. Nays. Nays.
M' Gains M^ Kellie M^ Gerrish M^ Kimball
W Connor M"- E Smith M' Shepherd M^ Duncan
Mr Toppan M"- Hale Mr Ale.'^ander Mr Baker
Mr Brown Mr Giles Mr Allen Mr Crawford
Mr White Mr Emerson Mr Grout M^ E Hoit
Mr Eastman Mr Abbott Mr Penniman Mr Dame
Mr Plummer M'' Cragin Mr Morse Mr Eames
Mr Gibson
35 Yeas — 29 Nays — so it was accepted —
An Act to impower the Judge of the Court of Probate of Wills
&c for the County of Grafton to allow a further time for the Com-
missioners on the Estate of Timothy Bedel late of Haverhill in
said County of Grafton Esc/ deceased represented Insolvent to
receive Examine and report the claims against said Estate — was
read a third time and passed to be Enacted.
Sent up by M"' Gibson & M"- Gaskill
Voicd that M' Wentworth, M' Badger & M"^ M^'Clarey with
such of the Honb' Senate as they may join be a Committee to con-
sider of the Petition of Eliphalet Giddings Esq"' & Nathanael
Giddings and report thereon — Sent up by M'' Temple
Voted that M'' Gains, M"' Toppan & M'' Wellman with such of
the Honb' Senate as they may join be a Committee to consider of
the Petition of Hanson Hight and report thereon —
Sent up by M'' Temple
* 1-1-53 * Volcd that M'' Young, M'' Hoit & M'' Palmer with such
of the Honb' Senate as they may join be a Committee to
consider of the Petition of Smith Emerson & report thereon
Sent up by AP Parker
Vo/cd that M"' Dole, M'' Taylor & M' Duncan w'ith such of the
Honb' Senate as they may join be a Committee to consider of the
Petition of Thomas Cochran Jun"' and report thereon
Sent up by M'' Warner
Upon reading and considering the Petition of the Inhabitants of
the Northwest part of the Town of Lyndborough and others and
the report of a Committee thereon — l'///cd that the Petitioners be
heard thereon before the General Court on the third Wednesday
of their next Session and that in the mean time the Petitioners
cause that the Select men of Lyndborough and Peterborough be
served with a copy of the Petition and order of Court thereon Six
weeks before the sitting of said Court that they may then appear
and Shew cause if any they have why the prayer thereof may not
be granted — and that a Committee at the Expence of the Petition-
1790] JOURNAL OF THE HOUSE OF REPRESENTATIVES. Si
ers be appointed to view the Situation of the Petitioners and report
thereon at the next Session and that Robert Wallace Esq'' Daniel
Emerson Esq"' & M"' Francis Cragin be the Committee —
Sent up by M'' Warner —
An Act directing the mode of chusing Representatives to the
Congress of the United States — was read a third time and passed
to be Enacted — Sent up by M'' Chamberlain & M'' Dame
An Act to restore John Sullivan Esq'' to his Law in an Action
heretofore brought by him against said Ebenezer Thompson Jun''
for Defamation and James Sullivan in an Action heretofore by
him brought against said Ebenezer Thompson Jun'' for assault and
Battery and also to restore John Sullivan Jun'' James Sullivan,
George Sullivan Jonathan Steele & Micah Davis to their Law in
an Action brought against them by the said Ebenezer Thompson
Jun"^ for Assault and Battery and to set aside the Report of
Refferees and the Judgment of Court thereon in said Actions —
was read a third time & passed to be Enacted —
Sent up by M'' Warner & M'' Young
* Whereas Woodbury Langdon Esq'' one of the Justices * 14-54
of the Superior Court of Judicature for said state has at
divers times neglected his duty in said Office in not attending at
the times and places prescribed by Law for holding said Court (viz)
at Amherst on the second Tuesday of May last and at Plymouth
on the fourth Tuesda}- of said May — And likewise by means of
his not attending upon his said duty the Court which by Law was
to have been holden at Plymouth within and for the County of
Grafton on the iburlh Tuesday of May A D. 1789 was not holden
at said time but adjourned until the monday next preceeding the
third Tuesday of October in the Same year by means whereof no
business could be done at said Court, which Occasioned much
inconveniency damage and uneasiness among the good citizens of
this State —
And whereas it is Absolutely necessary that the Superior Court
should be composed of Gentlemen who can and will attend to the
important business that must unavoidably be brought to said Court
and the true genius of Republicanism dictating that it is abso-
lutely essential that no Office in Government should be held as a
Sinecure
Therefore Resolved that this house do impeach the said Wood-
bury Langdon Esq'' of crimes and Misdemeanors and that a
Committee be chosen to exhibit articles of impeachment to be laid
before this House for their approbation and likewise to manage
82
NEW HAMPSHIRE EARLY STATE PAPERS.
[1790
the prosecution in behalf of this House before the Honb' Senate —
Upon reading the foregoing motion was made that it be passed
into a Resolve — on which motion the yeas & na3-s were called
and were as follows (viz) —
Yeas. Yeas.
Mr Macgregore iM'' Temple
Mr Blanchard M-" T Bartlett
Mr Eastman Mr Palmer
*.4-55*MrShepherdj;:Htn,ith
Mr Stiles Mr Rand
Mr Gaskill Mr Allen
Mr Prescutt Mr Wellman
Mr Alexander Mr Lane
Yeas.
Mr Grout
Mr Copp
Mr McMillan
Mr Dole
Mr Penniman
Mr Kimball
Mr Duncan
Mr Crawford
Mr Hoit
Nays.
Mr Parker
Mr Barrett
Mr Abbott
Mr Clark
Mr Cragin
Mr Jerf Smith
Mr Gerrish
Yeas.
Mr Payne
Mr Warner
Mr Flanders
Air Page
Mr Tarlton
Mr Dame
Mr Young
Mr Chamberlain
Mr R Bartlett
Nays.
Mr Whitcomb
Mr Morse
Mr Stone
Mr Baker
Mr Burnam
Mr Dow
Mr Eames —
Nays. Nays.
Mr Gains Mr Gibson
Mr Sherburne Mr Kellie
Mr Wentworth Mr E Smith
Mr Connor Mr Giles
Mr Brown Mr N Hoit
Mr White Mr Taylor
Mr Plummer Mr Emerson
Mr MeClarey
35 Yeas — 29 Nays — So it passed into a Resolve
An Act to alter the time of holding the Annual meeting in the
Town of Chester — was read a third time and passed to be En-
acted — Sent up by M"^ Blanchard & M'' Giles
[An act to incorporate the township of Cardigan into a town by
the name of Orange, was read a third time and passed to be
enacted.]
An Act in addition to an Act intitled an Act to enable the Select
men of Moultonborough to assess levy and collect a Tax on all
the lands of Nonresident proprietors in said Town for building
bridges and repairing highways in said Town — was read a third
time and passed to be Enacted —
Sent up by M'' Hoyt »& M' Gerrish
Voted that M'' Taylor, M'' Plummer & M"' Abbott with such of
the Honb' Senate as they may join be a Committee to consider of
the Petition of a number of the Creditors to the Estate of Thomas
Parker and report thereon — Sent up by M'' Blanchard
Voted that the allowance to the members of the Honb' Senate
Council & House of Representatives and their Officers be the Same
as was Allowed at the last Session of the General Court and that
the Secretary and Clerk make up the Respective Rolls accord-
ingly — Sent up by M' Ta3'lor
1790] JOURNAL OF THE HOUSE OF REPRESENTATIVES.
83
Upon the report of the Committee for allowing four pence '^''
mile for Travel to and from the General Court, the yeas & nays
were called and are as follows (viz) —
•Yeas.
Yeas.
Yeas.
Yeas. * I,
4-56
Mr Connor
Mr Taylor
Mr Shepherd
Mr Grout
Af Macgregore
Mr Dole
Mr Stiles
Mr Penniman
M" Blanchard
Mr Emerson
Mr Whitcomb
Mr Morse
Mr Plummer
Mr Warner
Mr GaskiU
Mr Stone
Mr T Bartlett
Mr Parker
Mr Prescutt
Mr Kimball
M' Chamberlain
Mr Barrett
Mr Alexander
Mr Baker
M-- Kellie
Mr Clark
Mr Temple
Mr Burnam
Mr E Smith
Mr Cragin
Mr M Smith
Mr Crawford
Mr Palmer
Mr J Smith
Mr Rand
Mr E Hoit
Mr Hale
Mr Wallace
Mr Allen
Mr Payne
M' Copp
Mr Flanders
Mr Wellman
Mr Dame
AK M<:MiIIan
Mr Page
Mr Lane
Mr Young
Nays.
Nays.
Nays.
Nays.
M-- Brown
Mr Eastman
Mr Gibson
Mr Gerrish
M-- White
Mr R Bartlett
Mr Giles
Mr Duncan
48 3-eas — 8 Naj's — So it passed in the Atfirmative
On reading the Report of the Committee, which was that the
next Session of the General Court be holden at Concord — motion
was made to accept the Same on which motion the 3'eas and nays
were called and are as follows
Yeas.
Mr Blanchard
Mr Brown
Mr Eastman
Mr R Bartlett
Mr Chamberlain
Mr Palmer
Mr N Hoit
Mr McMillan
Nays.
Mr Gains
Mr Sherburne
Mr Wentworth
Mr Connor
Mr Macgregore
Mr White
Mr Plummer
Mr T Bartlett
Yeas.
Mr Taylor
Mr Dole
Mr Clark
Mr Wallace
Mr Gerrish
Mr Flanders
Mr Shepherd
Mr Prescutt
Nays.
Mr M>-Clarey
Mr Gibson
Mr Kellie
Mr E Smith
Mr Hale
Mr Giles
Mr Copp
AJr Emerson
Yeas.
Mr Allen
Mr Wellman
Mr Lane
Mr Grout
Mr Penniman
Mr Morse
Mr Stone
Mr Kimball
Nays.
Mr Warner
Mr Parker
Mr Barrett
Mr Abbott
Mr Smith
Mr Page
Mr Stiles
Mr Whitcomb
Yeas.
Mr Duncan
Mr Baker
Mr Burnam
Mr Crawford
Mr E Hoit
Mr Dow
Mr Dame
Mr Young
Nays.
Mr Gaskill
Mr Alexander
Mr Temple
Mr M Smith
Mr Rand
Mr Payne
Mr Eames
32 Yeas — 31 Nays — So it passed in the Aifirmative
Sent up by M'' Lane
84 NEW HAMPSHIRE EARLY STATE PAPERS. [l790
* 14-57 *An Act to enable James Macgregore Esq" to sell certain
Lands — was read a third time and passed to be Enacted —
Sent up by M' Taylor & M"' Emerson
The Committee on the Petition and Account of Moore Russell
&c Reported that Moore Russell be paid three pounds ten shillings
in full of his Account and that said Sum be paid out of the Treasury
by order of the President — which report was read & consider'^
Rec'' & iVccepted — Sent up by M'' Taylor
The Committee on the Account of Jeremiah Eames Esq'' reported
that he be paid one pound Seven shillings out of the Treasur}' in
full for his account and that the President give order accordingly —
which report being read & considered voied that it be received and
Accepted — Sent up bj^ M' Taylor
Upon reading and considering the Petition of Maj'' William
Boynton and the Report of a Committee thereon voled that the
Petitioner be heard thereon before the General Court on the third
Wednesday of the next Session and that in the mean time the
Petitioner cause that Edward Wells the Petitionee be served with
a Copy of the Petition and order of Court thereon Six weeks prior
to the sitting of said Court that he may then appear and shew
cause (if any he hath) why the prayer thereof may not be granted
and that all proceedings in consequence of said Judgment be
stayed until a determination of said Court —
Sent up by M'' Taylor
Upon reading and considering the Petition of Thomas Cochran
Jun"' and the report of a Committee thereon, voted that the Peti-
tioner be heard thereon before the General Court on the Second
Tuesday of the next Session and that in the mean time the Peti-
tioner cause that the Substance of the Petition and order of Court
thereon be published three weeks Successively in one of the New
Hampshire News papers Six weeks prior to the Sitting of said
Court that any person or persons may then appear and shew
cause why the prayer thereof may not be granted —
Sent up by M' Taylor
Adiourned to 8 oClock to morrow morning
* 14-58 * FRIDAY June 18'" 1790.
The House met according to adjournment
Voted that the account of Thomas Bartlett Esq"^ amounting to
thirty Shillings, The Account of Robert Wallace Esq'' amounting
to forty shillings and the Account of Amos Shepherd Esq'' amount-
^79°] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 85
ing to thirty shillings be allowed and paid out of the Treasury by
order of the President — Sent up by M'' Allen
Voted that the Account of Benjamin Hanneford amounting to
Seven pounds be allowed and paid out of the Treasury by order
of the President — Sent up by M"' Allen
Voted that the Honb' Speaker. M"' Hale, M'' Warner M'' Penni-
man & M' Young be a Committee to nominate three proper per-
sons to draught Articles of Impeachment against the Honb' Wood-
bury Langdon Esq'' and prosecute the same before the Honb'
Senate —
Voted that Suppty Clap, Nathanael Oilman and Nathanael
Rogers Esquires be and hereby are appointed a Committee to
settle the Accounts between this State & the Treasurer thereof and
that they report at the next Session of the General Court —
Sent up by M' Kellie
Upon reading and considering the Petition of Hanson Hight
and the report of a Committee thereon Voted that the Petidoners
be heard thereon before the General Court on the third Wednes-
day' of their next Session and that in the meantime the Petitioner
cause that Thomas Johnson the Petitionee be served with a Copy
of the Petition and order of Court thereon Six weeks prior to the
sitting of said Court that he may then appear and shew cause (if
any he hath) why the prayer thereof may not be granted
and that the Execution against said * Hight be stayed * 14-59
until the decision of the General Court
Sent up by M'' Kellie
An Act to impower the Inhabitants of Protectworth to Assess
the Nonresident owners of Lands in said Town for the repairing
of highways — was read a third time and passed to be Enacted —
Sent up by M'' Kellie & M'' Copp
An Act in addition to and to alter an Act intitled an Act to set
oft" and incorporate a number of Inhabitants living in the Northerly
part of Amherst into a parish passed the 24"' daj^ of January A
D. 1789 was read a third time and passed to be Enacted —
Sent up by M'' Macgregore & M'' Warner
Voted that the Ballance of the Account of Richard Hazzen
Osgood amounting to one pound thirteen Shillings and Seven
pence be allowed and paid out of the Treasury by order of the
President — Sent up by M' Gains
Voted that the Account of Jonathan Gove, Ebenezer Webster,
Cyrus Baldwin, Charles Barrett and Levi Harvey Esquires
amounting to nine pounds be allowed and paid out of the Treas-
ury by order of the President — Sent up by M' Gains
86 NEW HAMPSHIRE EARLY STATE PAPERS. [179°
Voted that the Account of Jonathan Gage amounting to two
pounds Sixteen shillings and four pence be allowed and paid out
of the Treasury by order of the President —
Sent up by M"" Gains —
Voted that William Page Esq'' Edward S Livermore Esq'' and
Jeremiah Smith Esq'' be and they hereb}' are appointed a Commit-
tee to draught Articles of Impeachment against the Honb' Wood-
bury Langdon Esq'' agreably to a Resolve of this House of
Yesterday and lay the same before this House and also to prose-
cute before the Honb' senate such impeachment as shall be ap-
proved by this House —
Upon reading and considering the Petition of Eliphalet Gid-
dinge &. Nathanael Giddinge Esqr* and the report of
* 14-60 * a Committee thereon voted that the Petitioners be heard
thereon before the General Court on the third Wednes-
day of their next Session and that in the mean time the Petition-
ers cause that Blodget & Gilman mentioned in said Petition be
served with a Cop}' of said Petition and order of Court thereon
Six weeks prior to the sitting of said Court that they may then
appear and Shew cause why the prayer thereof may not be
granted, and that the Execution against the Petitioners be stayed
until the decision of the General Court — Sent up by M'' Gains
An Act to prevent the destruction of Salmon Shad and alewives
in Merrimac River and lor repealing all the Laws heretofore made
for that purpose, was read a third time and passed to be Enacted.
Sent up by M'' Gains & M'' ^PClarey
Voted that the pay Roll of Cap' Titus Salter amounting to
forty two pounds be allowed and paid out of the Treasury by
order of the President — Sent up by M' Wallace
The Committee on the printers accounts reported that John
Melcher be allowed thirty pounds nine shillings, Henrj- Ranlett
Six pounds Eighteen shillings and one penny, George Jerr}' Os-
borne [jun.] Thirty Seven pounds ten shillings, John Lamson three
pounds two shillings and four pence, and James D Griffith Six
shillings in full for their accounts and that the Same be paid out
of the Revenue arising by Excise — which report being read and
considered voted that it be received and Accepted and that the
President give order accordingly — Sent up by M'' Wellman
Voted that the Treasurer be directed to receive a Certificate
signed by David Morrill and Leavitt Clough selectmen
* 14-61 of Canterbury December i8"' A D. 1789, Also *a Cer-
tificate signed by Michael Dwyer Constable & one of
1790] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 87
the Select men Dated at New Holderness 6'" of Nov'' 1787, re-
specting killing wolves and legal defect notwithstanding —
Sent up by M'' McMillan
An Act to restore Jaasiel Herriman to his Law was read a third
time and passed to be Enacted —
Sent up by M'' McMillan & M'' Smith
Voted that the Revr'' Israel Evans have and receive out of the
Treasury forty shillings for his Service as Chaplain the present
Session and that the President give order accordingly
Sent up by M'' Dame
An Act in addition to an Act intitled an Act for vesting certain
powers in the Commissioners appointed to receive and examine
the claims against the Estate of Jonathan Moulton late of Hamp-
ton Esquire deceased and in the Executors of his last will and
Testament^ was read a third time and passed to be Enacted —
Sent up by M'' McMillan & M"- Smith
An Act to impower the Inhabitants of Gilsom and Sullivan to
Assess the Nonresident owners of Lands in said Towns for the
repairing of highways, was read a third time and passed to be
Enacted — Sent up by M'' Emerson & M' Burnam
The Committee on the propriety of the Treasurers issuing
Extents for outstanding Taxes, excise and Impost Bonds — reported
that it be left discretionary with the Treasurer which report being
read and considered voted that it be received and accepted with
this amendment that he issue no extents for the Continental Specie
Tax for 1787 until the uext Session of the General Court unless
applied to by the Select men of any Town or place deficient —
Sent up by M'' Penniman
]^oted that the Travel Rolls for payment of the travel of the
Members of the Honb' Senate and House of Representatives and
their Officers be paid out of the money now in the Treasury of
this State Sent up by M'' Gains
An Act to impower the Inhabitants of Warren * to as- * 14-62
sess the Nonresident owners of Lands in said Town for
repairing of highways — was read a third dme and passed to be
Enacted — " Sent up by M"' Gains & M'' Badger
Adjourned to 3 oClock P. M —
Met accordingly
The vote respecting the pay of the Travel of the Members of
the Honb' Senate and House &c came down from the Honb'
Senate for the following amendment That the Senate and the
Secretary be paid their wages out of the monev in the Treasury
88 NEW HAMPSHIRE EARLY STATE PAPERS. [179°
and that the Council and Secretary be paid for their Travel and
attendance in the recess the Same way — " which was read and
concurred with this amendment that the Representatives receive
their pa}' in the Same manner — Sent up b}' M' Warner
Voted that the Account of John Waldron & Ebenezer Smith
Esqr* amounting to two pounds twelve shillings be allowed and that
the President give order for the paj'ment out of the Treasury from
the revenue arising by Excise — Sent up by M'' M'Clarey
An i\ct to alter the lime for holding the Superior Court of Judi-
cature — was read a third time and passed to be Enacted —
Sent up by M'' Young & M' Grout
The Committee on the Petition of the Select men of Bath
reported that all extents against said Town of Bath be staid until
further order of the General Court — which report being read and
considered voted that it be received and Accepted
Sent up by M'' Young
Voted that M"' M-'Clarey, M'' Sherburne & IVP Wentworth with
such of the Honb' Senate as they may join be a Committee to
enquire whose property the chest is that is mentioned in the Treas-
urers Letter to his Excellency and that they report at the
* 14-63 next Session and that M'' Gardner retain the * chest in
his hands until said Committee make report —
Sent up by M'' Alexander
Voted that the Ballance of the Account of John Calfe Esq'
amounting to five pounds eighteen shillings and Six pence be
allowed and paid by order of the President from tlie Revenue aris-
ing from Excise — Sent up by M"' Alexander
I'oted that M' Gardner the Treasurer have liberty to be absent
from his Office on the last week in June. September December and
March unless the General Court should be sitting on any one of the
aforesaid weeks — Sent up by M'' Alexander
Voted that Josiah Gilman Esq'' be allowed fifteen pounds in full
for his Account and that Said Sum be allowed and paid out of the
Treasury by order of the President — Sent up by M" Alexander
Voted that Nathanael Parker Esq'' be allowed Sixteen pounds
nine shillings in full for his Account and that said Sum be allowed
and paid out of the Treasury by order of the President —
Sent up by M' Alexander
[ Voted, Tiiat the account of Nathaniel Gilman, Esq. amount-
ing to thirty-nine shillings, be allowed and paid out of the Treasury,
by order of the President.]
\^oted that the Account of Josiah Nelson amounting to eight
1790] JOURNAL OF THE HOUSE OF REPRESENTATIVES.
pounds Six shillings and four pence be allowed and paid out of
the Treasury by order of the President —
Sent up by M'' Alexander
Voted that the Members of the Honb' Senate Council and
House of Representatives and their Officers receive their wages
and traveling fees out of the money now in the Treasury and that
the Several Towns and districts now represented shall be severally
taxed in the next Tax bill for the attendance of their Respective
Members — on which vote the yeas and Nays were called for and
are as follows —
Yeas.
Yeas.
Yeas.
Yeas.
MrWentwortli
Mr Palmer
Mr Cragin
Mr Holmes
M-- Blanchard
Mr N Hoit
Mr Shepherd
Mr Stone
Mr White
Ml- Copp
Mr Stiles
Mr Dvmcan
M' M<--Clarey
Mr M'-Millan
Mr Whitcomb
Mr Baker
M"' Chamberlain
Mr Taylor
Mr Gaskill
Mr Tarlton
M'- R Bartlett
Mr Dole
Mr Temple
Mr Young
M>- Kellie
Mr Clark
Mr Wellman
Mr Eames
•Nays.
Nays.
Nays.
Nays. * :
Mr Gains
Mr Hale
Mr Page
Mr Grout
Mr Sherburne
Mr Badger
Mr Prescutt
Mr Penniman
Mr Connor
Mr Giles
Mr Alexander
Mr Morse
Mr Macgregore
Mr Warner
Mr M Smith
Mr Burnam
Mr Brown
Mr Barrett
Mr Rand
Mr Crawford
Mr Eastman
Mr Wallace
Mr Allen
Mr Pavne
Mr Plummer
Mr Gerrish
Mr Lane
Mr Dow
Mr Gibson
Mr Flanders
14-64
28 Yeas — 30 Nays — so it passed in the negative
Ordered that AP Payne, M'' Warner, M'' Stiles, M"' Kimball &
M"^ Wallace be a Committee to carrv up the following Articles of
Impeachment to the Honb' the Senate —
To the Honorable the Senate of the state of New Hampshire —
Articles of Impeachment of misconduct and Maladministration
in Office offered and presented against Woodbury Langdon Esq'
one of the Justices of the Superior Court of Judicature for said
State by the House of Representatives thereof convened at Con-
cord in said State on the eighteenth day of June in the year of our
Lord one thousand Seven hundred and ninet}- —
Whereas the said Woodbury Langdon Esquire for many years
past hath been and now is a Justice of the Superior Court of Judi-
cature for said State — And whereas it is essential to the preser-
vation of the rights of every citizen of the State his life, liberty,
property & character that the Superior Court of Judicature should
90 NEW HAMPSHIRE EARLY STATE PAPERS. [179°
be holden at the times and places by Law prescribed by all the
Justices of said Court in order that Justice may be administred to
the good citizens of the State impartialh^ promptly and without
delay, And whereas the public are at all times intitled to the Serv-
ices of their Officers receiving Salaries — And whereas the said
Woodbury Langdon Esq'' hath wilfullj' and corruptly in various
instances misbehaved in his said Office and hath
* 14—65 * neglected to attend the duties thereof by means whereof
the said Courts have not been holden at the times &
places bj' Law established and the administrations of Justice
delayed to the great injury of the good citizens of said state —
Therefore the said House of Representatives do offer and present
to the Honb' Senate against the said Woodbury Langdon Esq''
Justice of the Superior Court as atbresaid all and Singular the
general and Special articles of Impeachment following
Firstly — The said Woodbury Langdon Esq'' hath from time to
time corruptly and wilfuU}^ neglected his duty as a Justice of the
Superior Court aforesaid in not attending at the times and places
prescribed by Law for holding said Courts in the Several Counties
in this state and hath misbehaved in said Office in his duty as a
Justice of said Court —
Secondly The said Woodbury Langdon Esq'' did not attend his
duty as a Justice of said Court at the Superior Court b}- Law
holden at Amherst within and for said County of Hillsborough on
the Second Tuesday of Maj^ last past, At Charlestown within
and for the County of Cheshire on the third Tuesday of said
May — At Plymouth within and for said County of Grafton on
the fourth Tuesday of said May nor did he at any time during the
sitting of said Court at said times and places, by means whereof
the citizens of this State and others resorting to said Courts for
the decision of their causes then and there pending have been
deprived of the benefit of trial —
Thirdly The said Woodburj' Langdon Esq'' did on the tenth day
of May in the year of our Lord one thousand Seven hundred and
eighty nine refuse to attend his duty at the Court by law to be
holden at Plymouth in and for the said County of Grafton on the
fourth Tuesday of the Same May and by reason thereof the said
Court was not holden at said time and place to the great damage
and injury of the good Citizens of this state, all which matters
contained in the foregoing articles general & Special
* 14-66 the said House of * Representatives are ready to verify
and prove —
1790] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 9I
And they do thereupon as the grand inquest of the State afore-
said impeach the said Woodbury Langdon of all and Singular the
misconduct and Maladministration in his said Office of Justice of
the Superior Court of said State contained and alledged in the
Articles aforesaid, and saving to themselves by protestation the
liberty of exhibiting at any time hereafter to the Honb' Senate
aforesaid any complaints or allegations against the said Woodbury
Langdon Esq'' for an}' other misconduct and Maladministration in
his said Office not Specially contained in the Articles aforesaid also
of replying to the answers which the said Woodbury Langdon
Esq'' shall make to the x\rticles aforesaid and of offering proof of
the premises or of any of their Impeachments and complaints
that shall be exhibited by them as the case may require —
They the said House of Representatives pray that the said
Honb' Senate would order that the said Woodbury Langdon Esq''
may be notified to make answers to the charges contained in the
foregoing articles and to the impeachment preferred by this House
of Representatives & be brought to trial thereon and that if he be
found guilty thereof he ma}' by the judgment of the Honb' Senate
be removed from his Office of Justice of the Superior Court afore-
said and that such other judgment may be rendered thereon as
shall be agreable to Law and the Constitution —
Adjourned to 7 oClock to morrow morning
SATURDAY June 19"' 1790.
The House met according to adjournment
Resolved that Supply Clap Nathanael Oilman and Nathanael
Rogers Esquires be a Committee to receive from Josiah Oilman
Esquire late Comptroller of Accounts all the public books
and papers belonging to *this State now in his hands * 14-67
and custody, and such of said Books and papers as the
said Committee after consuldng the President of the State shall
adjudge properly belong to the Comptroller Oenerals office they
deliver over to James Macgregore Esq'' present Comptroller of
Accounts taking his receipt tor such of said Books and papers as
are of Consequence — And that said Committee deposit such
other Books and papers as they may receive of said Oilman in the
Secretarys Office or elsewhere as they may judge proper dll the
further order of the Oeneral Court and make report at the next
Session — Sent up by M'' Orout
looted that the Account of Oeorge Hough amounting to thir-
teen pounds Sixteen shillings be allowed and paid out of the
92 NEW HAMPSHIRE EARLY STATE PAPERS. [179°
Treasury by order of the President from the Revenue arising by
excise — Sent up b}' M'' Grout
Voicd that the Account of Caleb Buswell amounting to five
pounds be allowed and paid out of the Treasury by order of the
President — Sent up by M'' Grout
Voted that such part of the Letter from Thomas Odiorne Esq''
to the Speaker of the House of Representatives as respects the
Sums which he paid to John Taylor Gilman Esq"' late Treasurer
as reported b}- the Committee who settled said Treasurers accounts,
be referred to his Excellency the President who after inspecting
the Same give order for payment of such sums as may be found
due on the present Treasurer — Sent up by M"' Shepherd
Voted that Nathanael Parker Esq"' of Exeter be and he hereby
is appointed receiver of Nonresident Taxes for this state —
Sent up by M'' Shepherd
Voted that the Honb' Senate and House of Repre-
* 14-68 sentatives and the Honb' Council and their Officers * re-
ceive their Attendance and travelling fees for the present
Session out of the money now in the Treasury and that the
Several Towns and districts shall be taxed in the next Tax bill
for the attendance of their respective representatives —
Sent up by M'' Temple
Voted that the Treasurer be directed to stay Extents for the
Continental Specie Tax for 1787 until the next Session of the
General Court unless the Select men shall apply for such extents
or unless the Treasurer shall be other wise certified that any Con-
stable shall have collected the Same — Sent up by M' Temple
Voted that M'' J Smith, M"" Sherburne, & M'' Macgregore with
such of the Honb' Senate as they may join be a Committee to
draught a Resolve expressive of the Sentiment of the Legislature
of this state on the Subject of the Assumption of the debts of the
Several states by the Congress of the United states and lay the
Same before this House — Sent up by M'' Holmes
Voted that the Account of Josiah Nelson amounting to two
pounds three shillings & Six pence be allowed and paid out of the
Treasury by order of the President — Sent up by M' Prescutt
Voted that the Committee for revising arranging &c the Laws
of this state be desired to proceed on said business in the Recess
of the General Court and that they report at the next session —
Sent up by M'' Prescutt
Voted that the Account of George Hough amounting to three
pounds two shillings and Six pence be allowed and paid out of the
Treasury by order of the President— Sent up by M'^ Tarlton
^79°] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 93
J 'o/cd that the account of Moses Leavitt Neal * amount- * 14-69
ing to four pounds Sixteen shillings be allowed and paid
out of the money now in the Treasury by order of the President —
Sent up b}- M'' Wentworth
Vo/cd that the Account of Peter Green, [Nathaniel Rogers]
Nathan Hoit and Michael M'^Clarey Esqr" amounting to One pound
ten shillings be allowed and paid out of the Treasury by order of
the President — Sent up by M'' Hoit
Voted that his Excellency the President take order on the
Treasury for three pounds being, the Expences of the light horse
&c on their way to Concord — Sent up by M'' Duncan
Voted that his Excellency the President with advice of Council
be desired to adjourn the General Court to the first Wednesday of
January next — Sent up by M'' E Smith
The Honb' Senate gave information that the trial on the impeach-
ment of the Honb' Woodbury Langdon Esq'' will be at Exeter on
Wednesda}- the twenty eighth day of July next at 9 oClock in the
forenoon — Whereupon voted that M'' Page. M' Livermore and
M'' Smith the Committee appointed yesterday be requested to
attend on said da}^ and prosecute said Impeachment in behalf of
this House —
[The vote of this day respecting staying extents for the conti-
nental specie tax of 1787, being returned by the honorable Senate,
the following resolve was passed :]
Resolved that the expediency of issuing Extents for out standing
Taxes Impost and excise be left discretionary with the Treasurer
any order to the Contrar}' notwithstanding excepting only that this
Resolve shall not effect or alter the force of any vote or Resolve
for sta3'ing extents in particular cases — Sent up by M'' Burnam
The Secretary came down and gave information that he was
directed by his Excellency the President to inform that he with
advice of Council had thought proper to adjourn the General Court
to the first Wednesday in January next then to meet at Concord
and they are adjourned accordingly —
Journal of the Senate
PROCEEDINGS
FROM JANUARY 5 TO FEBRUARY 18, 1791.
STATE OF NEW HAMPSHIRE,
*At a Session of the General Court holden at Concord * 3-475
on Wednesday Jan-' 5 — 1791 a<rreeably to Adjournment
Present in Senate
His Excellency Josiah Bartlett Esq President — The Hon. Eben''
Smith [S S.] Nath' Peabody Peter Green Joseph Cilley John
Waldron Eben'' Webster Rob' Wallace Amos Shepard & Sanford
Kingsbury Esquires —
A message came down & informed the Senate that there was an
House & ready to proceed on business —
The Senate informed the House by a message that there was a
Quorum of the Senate & ready to proceed to business —
Adjd till tomorrow morning 9 O'Clock
THURSDAY Jan'^ 6'" 1791
Met according to Adjournment
Present as 3'esterday with the addition of the Hon Nath Rogers
A vote for a Com'''^^ to join a Com"'' of the Senate to take under
consideration His Excellencys Message & report what business is
necessary first to be entered upon & done at this Session, was
brot up read & concurred : M' Peabody, M"' Green, & M'' Cilley
joined —
A vote for a Com'"''' to join a Com'"" of the Senate to consider
the petition of Rob' Parker & report thereon was brot up read &
concurred M'' Cilley & M'' Peabody joind
A vote for a Com"'"' to join a Com'"''' of the Senate to consider of
the Pet" of Esther Holland & report thereon was brot up read &
concurred M'' Shephard joined —
A vote for a Com'™ to join a Com'"'' of the Senate to take under
consideration the laws relative to excise was brot up read & con-
curred M'' Smith & M'' Rogers joined
A vote for a Com'"' to join a Com'"' of the Senate to consider of
a petition from Peterborough Slip, was bro' up read and concurred
AP Kingsbury & M"' Webster joined
Adjd till tomorrow morning 9 oClock
98 NEW HAMPSHIRE EARLY STATE PAPERS. L^79^
* 3-476 * FRIDAY Jany 7"> 1791 —
Met according to Adjournment
Present as jesterday.
A vote directing the Treas'' to receive a certificate in favor of
Nathan Andrews & others for killing one Wolf & a Wolfs whelp
which certificate is dated Aug. 29 1789 Also one other certificate
in favor of Joseph Spalding for killing a grown wolf w'' Certifi-
cate is dated Aug 13'" 1785 was brot up read & concurred
A vote for a Com''' to join a Com''''' of the Senate to consider of
the pet" of Geo Hall & report thereon was bro' up read & con-
curred M'' Green & M'' Webster jd
A vote for a Com'"' to join a Com'"' of the Senate to take under
consideration the cession of the Light House to the United States
was bro' up read & concurred, M'' Peabody M'' Smith & M' Rogers
joined —
A vote to pay the Ace" of E Hartwell for the Tuition &c of J'
Bowers amo' to i8s was bro' up read & concurred
A vote to pay the Acc° of D Hills [Hill] for board of J Bowers
anions to 4£ & 9'' was bro' up read & concurred —
A vote for a Com"''' to join a Com"''' of the Senate to consider of
the propriety of establishing Post Roads & post riders &c was bro'
up read & concurred M'' Shepard M'' Rogers M'' Cilley & M'
Smith joined
A vote referring the estimate of Col Clap to the Com' "' on the
propriety of ceeding the Light House to the U S was bro" up read
and concurred —
A vote for a Com''' to join a Com' "' of the Senate to consider of
the pet of J Wendell Esq was brot up read & concurred M'' Smith
& M'' Rogers joined —
A vote for a Com"'' to join a Com''' of the Senate to consider of
some more easy & less expensive mode of hearing &c petitions
was bro' up read & concurred M'' Peabody M'' Cilley & M'' Green
joined
A vote for a Com'" to join a Com'''' of the Senate to consider
What shall be done with the money now in the Treas'' &c was
bro' up read & concurred M'' Shepard M'' Peabody M'' Wallace
[M'- Cilley] joined —
A vote for a Com'"' to join a Com"'' of the Senate to consider of
a Letter from the State of Virginia was bro' up read & cone'' M'
Peabody & M'' Cilley joined —
* 3-477 * A Resolve that the Treas' be directed to procure a suit-
1791] JOURNAL OF THE SENATE. 99
able Chest for the use of the Treasury as soon as possible ma}' be
— was brot up read & concurred.
A vote for a Com'''' to join a Com'''' of the Senate to consider in
what manner the Arrears to Invalids shall be paid was brot up
read & concurred M"" Smith M'' Webster & M'' Shepard jd
A vote for a Com''"' to join a Com''"' of the Senate to prepare a
Resolve expressing the thanks of the Gen' Court to the Town of
Concord for the offer made b}' the Selectmen in behalf of the
Town of the building lately by them erected for public use was
bro" up read & concurred M'' Peabody joined —
A vote granting the praj-er of the pet" of the Selectmen of
Rindge & giving them leave to bring in a bill accordingly was
brot up read & concurred —
A vote for a Com"'' to join a Com'*''' of the Senate to consider
of the pet" of Jacob Green & Enoch Noyes was brot up read &
concurred M'' Peabod}' & M'' Cilley joined —
Adjourned till tomorrow morning 9 oClock
SATURDAY, Jan^ 8 1791
Met according to adjournment
Present as yesterday with the adt" of Hon Jon" Freeman
A vote to hear the petition of the Selectmen of Cockermouth
on the second Tuesday of their next Session was bro' up read &
concurred.
A vote granting the pra3-er of the pet" of J Woodward Esq &
that the Treasurer be directed to issue a new note of the same
tenor & date accordingly was brot up read & concurred
A vote so far granting the prayer of the petition of Joseph Til-
den as that he have leave to bring in a bill to vest in him his heirs
& assigns the privilege of a ferry but not to prevent the building
of a bridge hereafter within s'' limits was brot up read & concurred
A vote to pay the Ace" of J Parker & N Rogers amounting to
£3. 6 for selling the Excise in the County of Rockingham was
bro' up read & concurred
A vote to pay the ace" of Col M'Clary amounting to £1.. 12.. 8
for time & expences to Portsm" to enquire into the matter respect-
ing an Iron Chest was bro' up read & concurred
A vote that the Com'"' on the revision of the laws have leave to
engage one or more Clerks to assist them in compleating said busi-
ness was brot up read & concurred
*A vote for a Com"'" to join a Com''''' of the Senate to * 3-478
devise a mode for giving efficacy to y' part of the Con-
lOO NEW HAMPSHIRE EARLY STATE PAPERS. [179^
stitution which provides that permanent & honourabl Salaries be
established by law for the Justices of the Sup"" Court was brot up
read & concurred M'' Peabody M'' Freeman & M"' Green joined —
A vote for a Com'"' to join a Com'''"' of the Senate to consider
what method shall be taken to fill up the vacancey in the Senate
was brot up read & concurred M' Peabody M"" Waldron & M''
Green joined
Adjourned till Monday next 3 "Clock P M —
MONDAY Jan^ 10— 1791
met according to Adjournment
Present as on Saturday last.
A vote for a Com'™ to join a Com"''' of the Senate to consider
of the Acc° of Simeon Ladd & all similar matters & report thereon
was bro' up read & concurred M'' Smith & M'' Cilley joined —
A vote for a Com"'*^^ to join a Com"''-' of the Senate to consider of
Judith Meloons pet — & report thereon was brot up read & con-
curred M'' Shepard joined —
A vote for a Com"''' to join a Com"'" of the Senate to consider of
the Printers Ace"" was brot up read & concurred M'' Smith & M''
Cilley M'' Rogers joined —
A vote for a Com"'' to join a Com"'^^ of the Senate to consider
of the pet" of the Selectmen of New Grantham was bro' up read
& concurred M' Kingsbury joined
A vote that the pet" of W Duncan & D Livermore b(e referred
to the Com'''' on pet" of E Noj'se & J Green was brot up read and
concurred
Adjd till tomorrow morns 9 "Clock
TUESDAY Janv h 1791
met according to adjm'
Present as yesterday
A vote granting the prayer of the pet" of the Selectmen of
Peterbor" Slip & giving them leave to bring in a bill accord' was
bro' up read & concurred
A Resolve that the President give directions to the Corns' Gen'
of this State to deliver to the Order of Rufus Graves 130 stand of
fire Arms with bayonets & 130 Cartouch boxes <& belts lor the use
of the Students of s'' College ; The President of said College giv-
ing bond to the said Corns' Gen' in the sum of 30o£ for the pres-
ervation of s'' fire Arms &c & for their return when called for
was bro' up read & concurred
,179^] JOURNAL OF THE SENATE. lOI
* State of New Hampshire * 3-479
In Senate January 11'" 1791 —
Vo^cd that M" Rogers & M'' Freeman be a Com""'' with such of
the Hon''"'' House as they may join, to consider of the expediency
of the Secretary or Clerk continuing to take the fee of 6/ on every
private petition agreeably to a Resolve passed June 10, 1788 was
sent down for Concurrence — brot up concurred
A vote for a Com'""' to join a Com"' of the Senate to consider
of the Act of Congress of the 4"' of Aug last was bro' up read &
concurred M' Peabody M' Freeman & M' Smith joined —
A vote that the pet" of Benj Noyes be referred to the Comtee
on the pet of Green & No3'es was brot up read & concurred
A vote to pay the Ace" of Thomas Bartlett Esq amounting
to seventeen shillings for money by Him paid for postage of Let-
ters & that the President give order accordingly was brot up read
& concurred
A vote granting the prayer of the petition of Esther Holland &
giving her leave to bring in a bill accordingly was brot up read &
nonconcurred —
State of New Hampshire
In Senate January 11 1791 —
A Vote that the Senate ioin in conference with the Hon'''" House
of Representatives in their Chamber on the subject of filling up
the vacancy in the Senate (if they should see fit) as soon as may
be sent down for concurrence bro* up concurred
A vote to hear the petition of the Selectmen of New Grantham
on the second Tuesday of the next Session was brot up read and
concurred
A vote for a Com*'^ to join a Com*'^'*^' of the Senate to take un-
der consideration the petition of the Inhabitants of Unity was bro'
up read & concurred M'" Shepard & M' Kingsbury j'^
Adj** till tomorrow morning 9 "Clock
WEDNESDAY Jan^' i2"> 1791
Met according to adjournmen
Present as yesterday
A vote to accept a report of a Com''' that it is not expedient to
take a fee of 6/ on every private petition & that a Resolve pass
accordingl}' was bro' up read & concurred
*A vote that a Com'''"' be added to the Com'''^^ on the "3-480
pet" of J. Green & E. Noves & that the pet" of John
I02 NEW HAMPSHIRE EARLY STATE PAPERS. [^791
Bryant & Rich'' Bartlett Esq" be referred to s'' Com''''' was brot up
read & concurred M"' Webster joined —
A vote for a Com""^ to join a Com'"' of the Senate to consider
of the pet'^ of Jabez Shaph^ was brot up read & concurred ftP
Green & M'' Freeman jd
A vote for a Com"' to join a Com'"' of the Senate to consider of
the petn of the Selectmen of Orange was brot up read & coned
M"' Waldron jd
A vote for a Com'"' to join a Com'''' of the Senate to consider
of the pet of Joseph Dow of Hampton was brot up read and con-
curred M'' Kingsbury M' Cilley & M'' Green jd
A vote granting the prayer of the pet° of J Kimball & giving
him leave to bring in a bill accordingly was brot up read & con-
curred
A vote for a Com"'' to join a Com'*"'" of the Senate to consider
of the pet" of Benj Heath was bro' up read & concurred M'' Cilley
& M' Smith joined
A vote for a Com"^'' to join a Com""" of the Senate to consider of
the pet of T Bond &c was bro' up read & concurred M'' Rogers jd
A vote for a Com"^'' to join a Com"^'^' of the Senate to consider of
the pet'^ of John Goddard et alii was bro' up read & concurred M''
Green jd.
An Act in addition to an Act entitled an Act to empower the
Inhabitants of Gilsum & Sullivan to assess the non resident Own-
ers of lands in said Towns for the repairing highways passed June
19"' 1790 — having been read a third time voted that the same be
enacted
A vote for a Com""* to join a Com""" of the Senate to consider of
[the petition of] Susannah Johnson & others was brot up read &
concurred M"' Kingsbury joined —
A vote granting the prayer of the pet of New London and giv-
ing them leave to bring in a bill accordingly was brot up read &
concurred.
A vote for a Com""*" to join a Com"^'' of the Senate to consider of
An Act for taxing lands in the Towns of Littleton & Dalton was
brot up read and concurred M"' Smith jd
A vote for a Com"''' to join a Com"* of the Senate to consider of
the petition of Bradbury Cilley was brot up read & concurred M'
Rogers M'' Shepard «& M' Freeman joind
• 3-481 * A vote for a Com"^^'' to join a Com"" of the Senate to
consider of the petition of J [John] Wendall Esq was
brot up read & concurred AF Green joined —
Adjourned till to morrow morning 9 "Clock
I791] JOURNAL OF THE SENATE. IO3
THURSDAY Jan^ 13'" 1791
Met according to adjm'
present as yesterday —
A vote lor a Com"'' to join a Com"'*' of the Senate to consider of
the pet" of Benj ' Stone was brot up read and concurred M'' Shep-
ard joined —
A vote for a Com"*' to join a Com"'"' of the Senate to consider of
the petition of Rich'' Sincler was brot up read & concurred M''
Smith joind
A vote to receive & accept the following report of a Com"'" viz
that the Members of the Senate & House of Representatives in
one room by joint ballot elect one person from the two candidates
for Senators in the County Rockingham who at the last election
had the highest number of votes to serve as a Senator until the
first Wednesday of June next in the room of the Honorabl Oliver
Peabody Esq whose seat at the Senate board hath become vacant
by his accepting the otfice of Judge of Probate the Com"" further
report as their opinion that the Hon John Pickering & Christ"
Toppan Esq''' by Constitution are the two Candidates, was bro' up
read & concurred
A vote to hear the petition of Geo Hull on the third Wednesday
of the next Session was bro* up read & concurred
A vote granting the prayer of the pel" of S Camtield & giving
him leave to bring in a bill accordingly was brot up read & con-
curred
A vote to accept of the report of a Com"' to consider of the
propriety of continuing the Excise »S:c & that a bill or bills be bro'
in accordingly was bro' up read & concurred
A vote to postpone the hearing of the pef^ of Thornton to the
second Thursday of the next Session was bro' up read and con-
curred
A vote that Col Clap receive out of the Treas'' £11.. 2 in full
for rations due Capt Salter & C" to i Jan'' 1790 & £22. .8. .2 to
11'" March last was brot up read & concurred —
A vote tor a Com'''' to join a Com"' of the Senate to consider of
a Letter from Joseph Whipple Esq was brot up read & concurred
AP Smith & M'' Freeman M' Peabodv joind
[A vote to hear the petition of G Hull on the Third Wednesday
of the next Session and that neither party take advantage of Exe-
cution against the other in the mean time was brot up read & con-
curred — ]
A vote so far granting the prayer of Judith Meloon as that she
I04 NEW HAMPSHIRE EARLY STATE PAPERS. [179^
have the same power to settle the estate as she W' have had had she
remaind a wid" & giving her leave to bring in a bill accd'- was
brot up read & coned
* 3-482 *A vote to hear the pet" of Rich'' Sincler [Jun"'] on the
27'" of Jan' current was brot up read & concurred
A vote to postpone the hearing which were to have been this
day until to morrow was bro' up read and concurred —
Adj' till to morrow morning 9 "Clock
FRIDAY Janv 14''' 1791
Met according to Adjournment
Present as yesterday
A vote for a Com'"'' to join a Com"'' of the Senate to consider on
the pet" of J. Clitlord & A Hrainard was bro' up, read & concurred
M'' Webster joined
A vote tor a Com"''' to join a Com'"'' of the Senate to consider of
the pet" of Joseph Hussey was bro' up read & concurred M'' Wal-
dron joined —
An Act to impower the Inhabitants of New Chester & Bridge-
water in the County of Grafton, to lev}- a tax on all Lands (public
lands excepted in s'' Towns for making & repairing the iiighwa3's —
having been read a third dme vo/rd that the same be enacted
A vote that a Com''' be added to tlie Com''' on the mode of hear-
ing petitions was bro' up read & concurred
The Senate agreeably to a \-ote of yesterday met with the Hon
House of Rep in one room and b}' joint ballot proceeded to ballot
for a Senator — the ballots being taken it appeared that the Hon
Christ" Toppan Esq was elected A Senator in the room of the Hon
O [Oliver] Peabody who has resigned his Seat at the Senate board
the Senate then retired to their own room. —
A vote granting the prayer of the Pel" of Ens'" M'Clary and
giving her leave to bring in a bill accordingly was brot up read
and concurred
A vote to postpone the hearing on the pet" of G Tiflany until
Tuesda}' next was brot up read and concurred.
A vote to hear the Pet" of B [Col.] Stone on the Second Tues-
day of the next Session was brot up read & concurred
A vote granting the prayer of the pet" of the Inhabitants of
Wolfborough & giving them leave to bring in a bill accordingly
was brot up read & concurred
A vote to postpone the hearing of the pet" of the Town of Cov-
1791] JOURNAL OF THE SENATE. lOS
entry untill the third Wednesday of the next Session was brot up
read and concurred
A vote granting the prayer of the Pet" of W'" Burroughs and
giving him leave to bring in a bill accd'-'' was brot up read and
concurred
*A vote to hear the pet" of Campbells Gore on the Sec- * 3-483
end Tuesday of the next Session was brot up read &
concurred , ,. j ^-n ^ • 0/^1 1
Adjourned till tomorrow morning 9 "dock
SATURDAY Jan^' 15'" 1791
met according to Adjournment
Present as yesterda}'
A vote so tar granting the prayer of the petition of Alexandria
as that they have leave to bring in a Bill for assessing & collecting
a Tax of one penny on each Acre of non resident proprietors lands
for two years & was brot up read & concurred
A vote tor a Com''"'' to join a Com'"' of the Senate to consider of
the petition of the Trustees of Atkinson Academy was brot up
read & concurred M'' Shepard M'' Green & M' Freeman joined
A vote for a Com"^^"' to join a Com'"'' of the Senate to consider of
the petition of Love Runnels was bro' up read and concurred :
[M'" Green joined]
A vote that the pet" of Joshua Bailey & others be referrd to the
Com'"' on the pet" of the Trustees of Atkinson Academy- was brot
up read & concurred
A vote for a Com'*'' to join a Com"' of the Senate to consider
of the petitions of E Brown & J Willard was brot up read & con-
curred iM'' Cilley & M' Rogers joined
A vote that the pet" of the Trustees of New Ipswich Academy
be referred to the Com"' on the pet" of the Trustees of Atkinson
was brot up read & concurred
A vote for a Com'" to join a Com" of the Senate to consider of
an Abstract from pay rolls &c was brot up read & cone'' M'' Pea-
body & M'' Rogers joined —
Adjd till Monday next 3 'Clock P — M —
MONDAY Jan^' 17 1791 —
Met according to Adjrm'
Present as on Saturday last except M' Cille}'
A vote that the report of D'' S Tenny & Doc"' W™ Parker a
Com"''' to examine Invalids be referred to the Com"'" on x\rrears
due to Invalids was bro' up read & concurred
Io6 NEW HAMPSHIRE EARLY STATE PAPERS. [^791
A vote granting the prayer of the pet" of the Selectmen of
Orange & giving them leave to bring in a bill accordingly was
brot up read & concurred
A vote for a Com'" to join a Com"^'' of the Senate to consider of
the pet" of N Doyne was brot up read & concurred M"' Green
joined —
A vote for a Com"'' to join a Com"'*= of the Senate to consider of
the pet" of T. Simpson was brot up read and concurred M"' Freeman
joined —
* 3-484 *A vote lor a Com""'' to join a Com"'"" of the Senate to
consider what method shall be taken for collecting the
Excise was brot up read & concurred M' Peabody & M'' Smith
joined
A vote for a com"''^ to join a Com"^^ of the Senate to consider of
the pet" of Samuel Randell was brot up read and concurred M"'
Green joined —
A vote to refer the pet" of Charletown to the Com"'' on the
pet" of the Trustees of Atkinson Academy was brot up read &
concurred
Adjd till tomorrow morning 9 "Clock
TUESDAY Jan^- 18'" 1791
met according to adjournm'
Present as yesterday
A vote to refer the pet" of Chesterfield to the Com'"' on the
pet" of the Trustees of x\tkinson Academy was brot up read &
concurred
His Exc'' laid betbre the Senate the resignation of C Toppan as
a Senator —
A vote to hear the petition of the Selectmen of Rumney on the
Second Friday of the next Session was bro' up read & concurred.
A vote for a Com"''^^ to join a Com''' of the Senate to consider of
tlie petition of David Perkins was brot up read & concurred
M'' Wallace joined —
A vote to refer the pel" of Philip Goss to the Com"''' on the
pet" of Brown & Willard was brot up read & concurred —
A vote for a Com"'' to join a Com"'' of the Senate to consider of
the pet" of Lemuel Parker was bro' up read & concurred M' Free-
man joined —
A vote that Joseph Whipple Esq have lor his services as Impost
Officer £135 '^ Annum & that he settle his Ace" with the Treas'"
accordingly was brot up read & concurred
1791] JOURNAL OF THE SENATE. IO7
A vote to pay Asahel Brainard £15, & Isaac Clifford £4 in
full for principal & Interest for monies paid Maj Child was brot
up read & concurred
A vote granting the pra^'er of the pet" of J. Peirce and giving
him leave to bring in a bill accordingly was brot up read & con-
curred —
An Act to enable the Selectmen of Packersfield in the county
of Cheshire to assess, levy & collect a tax on all the lands of non
resident proprietors in s'' Town of two pence '^ Acre for the pur-
pose of repairing the public roads in s'' Packersfield having been
read a third time voted that the same be enacted
The Hon. Senate met with the Hon House of Representatives
and proceeded to ballot for a Senator in the room of the Hon
Christopher Toppan who had resigned and the ballots being taken
it appeared that the Hon John Bell Esq was elected —
* A vote for a Com"^'' to join a Com"^" of the Senate to * 3-485
consider of the pet" of D Webster Esq was brot up read
& concurred M'' Kingsbury & M"' Webster joined —
A vote to postpone the hearing on the pet" of G Tiffany until
the second Tuesday of the next Session was brot up read & con-
curred
A vote to postpone the hearing on the pet" of Eaton and Bur-
ton until the second Tuesday of the next Session was bro*- up read
& concurred
A vote to postpone the hearing on the petition of Eaton and
Burton until Friday 21 of Jan'' current was brot up read & con-
curred
A vote to postpone the hearing on the pet" of Lyman until
Frida}' 21 Jan-' current was brot up read and concurred
A vote to postpone the hearing on the pet" of Stephen Herri-
man Esq until the Second Tuesday of the next Session was brot
up read & concurred
A vote to postpone the hearing on the petition of Jabez Shapley
until the second Tuesday of the next Session was brot up read
and concurred
Adj'' till tomorrow morning 9 "Clock
WEDNESDAY Jan^' 19 1791
met according to Adj*
[Present as yesterday, with the addition of Gen. Cilley.]
A vote granting the prayer of the petition of the Inhabitants of
Wendell Lempster Unity Newport & Fishersfield & giving them
I08 NEW HAMPSHIRE EARLY STATE PAPERS. \_^19'^
leave to bring in a bill accordingly — was bro' up read & Non-
concurred.
A vote granting the prayer of the pet" of the Inhabitants of
Sandwich and giving them leave to bring in a bill accordingly
was brot up read & concurred —
x\ vote of yesterday postponing the hearings which were to have
been on that da}' untill this day was bro' up read & concurred
A vote granting the praj^er of the petition Mary Pringell and
giving her leave to bring in a bill accordingly was brot up read &
concurred
A vote for a Com^ee to join a Com**' of the Senate to take into
consideration an Act of Congress providing for the settlement of
the Ace" between the U. S. and Individual States & point out
some mode to collect all Claims &c was brot up read & concurred
M'' Peabody & M' Freeman joined —
A vote granting the prayer of the pet" of John Goddard &.
others and giving them leave to bring in a bill according!}' was
brot up read Si concurred
* 3-486 * A vote to postpone the hearings which were to have
been this day till tomorrow was brot up read & con-
curred
A vote to hear the pet" of Thomas Simpson on the second
Tuesday of the next Session was brot up read & concurred
Adj'' till tomorrow morning 9 "Clock
THURSDAY Jan^' 20 1791
met according to Adjm*
Present as yesterday —
An Act to alter the time of holding annual meetings in the
Town of Rindge, having been read a third time voted that the
same be enacted
An Act to enable John Fisher Esq' to take hold & convey cer-
tain lands in Lyman in the County of Grafton having been read a
third time voted that the same be enacted.
A vote for a Com"' to join a Com'"' of the Senate to take into
consideration the present Judiciary System & report such altera-
tions therein as they may think necessary &c was brot up read &
concurred AP Cilley and M'' Webster M' Peabody & M'' Green
joined
A vote to postpone the hearing on the pet" of J Hurd »& the
petn of Lyman untill the third Wednesday of the next Session
was brot up read & concurred
179^] JOURNAL OF THE SENATE. IO9
A vote to hear the pet" of Col. Webster on the third Wednesdaj'
of the ne.xt Session was brot up read & concurred
A vote for a Com'^e to join a Comt«e of the Senate to consider
of the Ace" of Ezekiel Dow was brot up read & concurred M""
Shepard joined —
A vote that the prayer of Jon" [John] Blake Esq for prajing
to be restored to his law be granted & that the actions of review
be bro' & sustained in the County of Grafton the parties having
agreed thereto, and that the property in the hands of the Sheriff
be there continued until a final decision & that a bill be bro' in
accordingly was brot up read & concurred
Adj'' till tomorrow morning 9 "Clock
FRIDAY Jan^' 21, 1 79 1
met according to adjournm'
Present as yesterday
A vote for a Com'^'^'' to join a Com''*'^ of the Senate to consider
of the petn of W [William] Loudon was bro' up read & cone'' AP
Rogers join'd —
A vote of yesterday to postpone the hearings which were to ha\'e
been on that daj- to this da}' was bro' up read & concurred
*A vote to hear the pet" of Jon' Hoit on the third Wed- * 3-^^87
nesdaj' of the next Session was bro' up read and con-
curred
A vote granting the prayer of the pet" of T Cochran and giv-
ing him leave to bring in a bill accordingly was brot up read &
concurred
A Resolve to adjourn the Inferior Court of Com" Pleas by law
to be holden on the first Tuesday of February ne.\t to the fourth
Tuesday of Feb'' next then to be holden at s'' Portsm° — &c &c was
bro' up read & concurred.
A vote for a Com'*""" to join a Com*<^«^ of the Senate to consider
of the pet" of S Dana & S Dole Esq'* was brot up read & concur-
red M'' Shepard M'' Freeman & M'' Green joined
A vote to hear the pet" of A — Heyward [Heywood] Adm"
[on the estate of Samuel Heywood] on the third Wednesday of
the next Sessions was bro* up read & noncurrd
A vote granting the prayer of the pet" of D Perkins & alii and
giving them leave to bring in a bill accordingly was bro' up read
& concurred
A vote for a Com'^^ to join a Com*^^ of the Senate to consider of
the pet" of Docf Smith was bro' up read & coned M"" Green joined
no NEW HAMPSHIRE EARLY STATE PAPERS. [l79I
A vote for a Com"''^ to join a Com**''' ot" the Senate to consider
of the pet" of J Orr — was brot up read and concurred M'' Smith
& M'' Wallace joined —
A vote granting the prayer of the pet" of W [William] Boj'n-
ton and giving him leave to bring in a bill accordingly was brot
up read tS: concurred
A vote granting the prayer of the pet" of the Selectmen of Als-
tead & giving them leave to bring in a bill accd'"' was bro* up read
& concurred
A vote to refer the Acc° of G [J.] Osborne to the Com*'''' on G
Houghs Acc° was brot up read & concurred
A vote for a Com*'''' to join a Com*"" of the Senate to consider
of the pet" of Mary Neal & John Neal was brot up read & con-
curred M'' Peabody joined —
A vote granting the pra3er of the Selectmen of Wendell and
giving them leave to bring in a bill for raising a tax of one half
penn}' for three years on each Acre of land in the Town of Wen-
dell was bro' up read & concurred with this amendment that there
be an annual tax of one half penny on each acre of land for the
term of three years in lieu of the tax above mentioned — Sent
down — brot up concurred
* 3-488 *A vote for a Com*'"" to join a Com*"" of the Senate to
consider of a Letter from Col" Clap was brot up read
& concurred M"' Cilley joined —
A vote to hear the pet" from Unity on the third Thursday of the
next Session was brot up read & concurred
A vote to postpone the Hearing of the pet" of Joseph Hicks to the
third Tuesday of the next Session was brot up read & concurred —
An Act to authorize the Selectmen & Constables of the Town
of Orange for the year 1790 to assess & collect the State & County
taxes assessed against s'' Towns for the years 1787 & 1789 &
granting them a time to assess & collect the same having been read
a third time voted that the same be enacted.
A vote for a Com*"" to join a Com*"" of the Senate to consider
of the Ace" of Daniel Putnam^was brot up read »& coned M'
Rogers joined —
A vote that His Excellency the President be requested to procure
an accurate survey of the land owned by the State on the Island
of New Castle contiguous to the Fort William and Mary with a
plan of the Fort & Light House as soon as conveniently may be
was brot up read & concurred
Adjourned till to morrow morning 9 "Clock
1791] JOURNAL OF THE SENATE. Ill
SATURDAY Jan^' 22, 1791
Met according to adjournment
Present as yesterday except S Kingsbury [and J. Freeman]
Esq[uires]
A vote to hear the pet" of the Selectmen of Orford on the third
Wednesday of the next Session was bro' up read & concurred
An Act establishing to Samuel Camfield his title to a certain
piece of land, having been read a third time voted that the same be
enacted.
A vote granting the prayer of Love Runnels & giving her leave
to bring m a bill accordingh- was bro* up read and non-concurred
A vote granting the pra3'er of the pet" of Tho' Wentvvorth &
others and giving them leave to bring in a bill accordingly was
bro* up read & so far concurred as that the pet''* have leave to bring
in a bill for setting aside the levy & that the Creditor be impowered
to levy on the same land or so much thereof as may by a fair,
legal & impardal appraisement be sufficient to sadsfy the s'^ execu-
tion & legal costs on a levj- to be served b}' the Sheriff or some
deputy bj' him speciall}' appointed for that purpose & that the
Creditor be placed in as advantageous circumstances respecting
said Execution as he was by law at the time of the former service —
Sent down — brot up concurred
adj'' till monday morning next at 9 "Clock —
* MONDAY JAN^- 24'" 1791 * 3-489
met according to adjrm'
Present as on Saturday last with the addidon of J [John] Bell
Esq
A vote to hear the pet" of the Selectmen of New Hampton on
the third Wednesday of the next Session was brot up read and
concurred
A vote for a Comt^'e to join a Comtek of the Senate to consider of
the pet" of B — Prescutt'was brot up read & concurred M' Smith
joined —
A vote to refer the pet" of Ods Baker & others Rich"* Tripe &
others to the Com**" on the pet" of Jacob Green & Enoch No3-es
was brot up read & concurred
A vote to pay Ezekiel Dow 18 in full of his Demand as an
evidence at the Court Mardal for the trial of Col Stone was brought
up read & concurred
112 NEW HAMPSHIRE EARLY STATE PAPERS. [179^^
A vote appointing the Hon Timothy Farrar James Underwood
and Jeremiah Page Esquires a Com**^<^ to view the Situation of the
Inhabitants of the Northwest part of Lyndborough as well those
who were not petitioners as those were, and that it be done at
the cost of the Inhabitants of Lyndborough and that said Com*<^*^
report thereon at the next Session of the General Court was brot
up read & concurred
A vote for a Com't^^ to join a Com*^** of the Senate to consider of
the pet" of Michael Dwyer was brot up read & concurred M"' Bell
[joined.]
A vote for a Com^ee to join a Com*'''' of the Senate to consider of
the petition of Alex'''" Plumley was brot up read & concurred
M'' Webster" joined
A vote that W'" Loudon have & receive six pounds out of the
treasury to pay [some] house rent &c &that s'' sum be p"" to George
Gains Esq for the above purpose was brot up read & concurred
An Act to enable the Selectmen of New London in the County
of Hillsborough to assess levy & collect a tax on all the lands of
non resident Proprietors in said Town of three pence per Acre for
the purpose of repairing the public roads in s'^ New London having
been read a third time voted that the same be enacted
An Act to enable Supply Clap Esq Joseph Champney Merchant
& Jane Boyd Widow all of Portsmouth in the County of Rocking-
ham Executors of the last Will & Testament of George Boyd late
of s'' Portsm" Esq deceased to sell & convey to Nathaniel Healey
of Hampton falls in s* County Trader certain parcels of land set
off" to s'' Executors by Exon on a Judgment recovered by s'' Execu-
tors against the Executors of Meshech Weare Esq deceasd ha\ing
been read a third time voted that the same be enacted
* 3—490 *An Act to vest the exclusive privilege of keeping a ferry
over a certain part of Connecticut River in Joseph Tilden
of Lebanon his heirs & Assigns having been read a third time
voted that the same be enacted
An Act to impower the Selectmen of Wolf borough to assess &
collect a tax of one penny "^ acre annually for the term of two
years upon all the lands in s'' Town to be appropriated for the pur-
pose of repairing the highways in s'' Town having been read a
third time voted that the same be enacted
An Act to incorporate a tract of land lying South of Peterbor-
ough in the Count}- of Hillsborough having been read a third time
voted [that the same] be enacted
Adj'' till tomorrow morning 9 "Clock
I791] JOURNAL OF THE SENATE. II3
TUESDAY Jan^' 25 1791
met according to Adjournment
Present as on Saturday last
A vote that the Excise on all excisable Articles from & after the
first day of Octo last to the first day of Jan'' instant be collected in
the same way & manner as has heretofore been legally practised
excepting only that no person who will render a true ace" on Oath
shall be liable to any prosec" for sell* without license &c and that
an Act or Resolve be passed for that purpose was bro* up read &
concurred
A vote for a Com*''^ to join a Com**^'' of the Senate to consider of
the pet" of Jon'' Chase Esq was brot up read & concurred M''
Smith & M'' Webster joined^
A vote so far granting the pra3'er of the pet" of Mary Neal &
John Neal as that thej^ have leave to bring in a bill for confirming
the title of the heirs & assigns of John Neal Esq Dec* of, in & to
certain lands & was brot up read & concurred.
A vote to pay Geo. J. Osborne £65. .7. .3 for printing was bro'
up read & concurred —
A vote for a Com'*''' to join a Com*<'<' of the Senate to consider of
the pet" from Cornish & Plainfield was brot up read & concurred
M'' Smith & M'' Webster joined
A vote for a Comt«^e ^q join a Com'*''' of the Senate to consider
of the pet" of Rebecca Barrett was brot up read & concurred
M' Wallace & M"- Bell joined —
An Act to restore Elisabeth M'Clary to her law having been
read a third time voted that the same be enacted
An Act in addition to an Act passed March 18, A D 1780 entitled
an Act in addition to an Act entided an Act to confiscate the
estates of sundry' persons therein named passed A D 1778 having
been read a third time voted that the same be enacted —
* An Act in addition to and to alter an Act intitled an * 3-491
Act to set oft" & incorporate a number of Inhabitants
living in the north west part of Amherst into a parish passed 24"'
day of Jan'' A D 1789 having been read a third time voted that
the same be enacted.
Adjd till tomorrow morning 9 "Clock
114 NEW HAMPSHIRE EARLY STATE PAPERS. [^791
WEDNESDAY Jan^" 26 1791 —
met according to adjournment
Present as yesterday with the adt"of M'' Freeman —
A vote for a Com**''' to join a Com^ee of the Senate to consider
of the pet" of Ach'' M'^Murphy was brot up read & cone'* M"' Wal-
dron joined —
A vote granting the prayer of the pet" of Sam Rendal and
giving him leave to bring in a bill accordingl}' was brot up read &
so far concurred as y' s'' Rendall have leave to enter the same action
at the S. C [Superior Court] next to be holden at Dover in & for
s'' County on the third Tuesday of April next leaving the same
open to trial by Jury & giving 14 days notice previous to the sit-
ting of s'' Court to s'^ Roberts and the Judges of s' Court are
impowered to hear the same, correct any errors there may be if
not tried by Jury) and give judgment thereon Sent down — brot
up concurred
A vote for a Com*«« to join a Com*<'<' of the Senate to consider
of y' pet" of the Selectmen of Bath was brot up read & concurred
M'' Green & M"' Smith joined
A vote for a Com*'"^ to join a Com*ee of (.j^e Senate to consider
of the pet" of Will"' Vans et alii was brot up read & concurd M'^
Peabody M"' Smith & M' Cilley joined —
A vote for a Comt<^<^ to join a Com'"*^ of the Senate to consider
& report what sums are necessary to be raised to defray the charges
of Government the present year was brot up read and concurred
M' Shepard & M'' Webster joined —
A vote for a Com"^*' to join a Com''^'' of the Senate to report what
allowances shall be made to the Officers of the civil list for the last
year was brot up read & concurred M"' Smith M' Cillej' & M"
Wallace joined
A vote that Col David Page apply to any public Officer in this
State for the original order s'' to be drawn by Benj Heath of Con-
waj' in favor of Dan' Cook — s'' Officer is directed to deliver s'' Order
to s'' Page & to take a fair copy thereof to remain with him previous
to his delivering y'' Original to s"* Page was brot up read & con-
curred —
* 3-492 *A vote for a Com'^'^'^ to join a Com'*"^ of the Senate to
be added to the Comt^^e on the pet" of Ach'' M^Murphy
was brot up read & concurred M'^ Webster joined —
A vote that a paper signed Sam' Payne be referred to the Com^^^
on the pet" of Jon" Chase Esq was brot up read and concurred
1791] JOURNAL OF THE SENATE. II5
A vote to pay Capt Joseph Smith thirt}- six shillings in full of
his ace" for a Journey to Portsm" on public Service was brot up
read & concurred
A vote to refer the pet" of the Selectmen of Pembroke to the
Com''"' on the pet" of Green & Noyes was brot up read and con-
curred —
A vote for a Com'^® to join a Com''"'' of the Senate to consider
of the petition of the Selectmen of Plastow was brot up read and
concurred M'' Rogers & M'' Bell joined —
A vote to refer the pet of Otis Baker et alii to the Com'^** on the
pet of Green & Noyes was brot up read and cone''
A vote to pay the Acc° of Hon. Pillips White Esq amounting
to sixteen pounds sixteen shillings for adjusting & allowing claims
against Gov Wentworths and Col Hollands Estate was brot up
read & concurred
A vote granting the prayer of the pet" of Reb"" Barret and
giving her leave to bring in a Resolve accordingly was brot up
read and concurred.
A vote granting the prayer of the pet" of the Selectmen of
L}-man and giving them leave to bring in a bill for raising a tax
of one half penn}^ "^ year on every acre of land in s'' Town for
3 years was brot up read & concurred
A vote that Dan' Putnam receive i6£ in full of his Dem''
for losses &'' as a Soldier in 1776 was brot up read & noncon-
curred
Adj'' till tomorrow morning 9 "Clock
THURSDAY Jan^ 27 1791
Met according to adjournment
Present all the Senate —
A vote for a Com*^^ to join a Com'*^® of the Senate to consider
of the pet" of John Nesmith was brot up read & concurred M"^
Wallace joined —
A vote for a Com*^<' to join a Com*«e of the Senate to consider
of the pet" of Isaac Baldwin was brot up read & concurred M"'
Rogers joined
A vote to pay W™ Harper 12s for carrjang precepts to Plymouth
was brot up read & concurred
*A vote for a Com*'''' to join a Comte" of the Senate to * 3-493
consider of the pet" of Jacob Green & all similar matters
was brot up read & concurrd M"' Wallace & M' Freeman joined
Il6 NEW HAMPSHIRE EARLY STATE PAPERS. [l79I
A vote that the hearing on the petition of Rich'' Sincler J"' wliich
was to have been this day be postponed to Thursday next was brot
up read & concurred with this amendment that the hearing on said
petition be postponed until the second Tuesday of the next Session
instead of Thursday next — Sent down brot up cone"
An Act to empower the Inhabitants of Wendell in the County
of Cheshire to levy a Tax on all the lands (public Rights excepted)
in said Town for making bridges & repairing highwa3's having
been read third a time voted that the same be enacted —
Adj'' till tomorrow morning 9 "Clock
FRIDAY Jan^ 28th 1 791
met according to adjournment
Present as yester[day]
A vote to receive & accept the report of the Com*''^ on the peti-
tion of D — Rindge Esq et allii & that a Resolve be passed for that
purpose was bro' up read & concurred.
A vote to refer the Ace" of J D. Griffith to the Comt«« on the
Printers Ace" was brot up read & concurred
A vote granting the praj-er of the pet" of J Nesmith & giving
him leave to bring in a bill accordingly was brot up read & con-
curred
A vote for a Com'^« to join a Com*'^'' of the Senate to consider of
the Ace" of Ozias Silsby was brot up read & concurred M'' Kings-
bury joined —
A vote for a Com"*"^ to consider of the pet" of Eben[ezer] Thomp-
son was brot up read & concurred M'' Green joined —
A vote for a Com"^'' to consider of the pet" of the Selectmen of
New Holderness was brot up read & concurred M"" Smith & M''
Green joined
A vote that the Ace" of W [William] Page Esq et alii be re-
ferred to the Com'^'*^ of J Green was bro' up read & concurred
A vote for a Com'''« to consider of the pet" of J Livingston was
brot up read & concurred M'' Waldron joined —
A vote to pay the Ace" of Mess'" Clap Rogers & Gilman was
brot up read & concurred
An Act to repeal such parts of the several Acts of this State as
imposed an Excise on spirituous liquors & other articles having
been read a third time -voted that the same be enacted
An Act to impower the Inhabitants of Alexandria in the County
of Grafton to levy a tax on all the lands (public lands excepted)
179^] JOURNAL OF THE SENATE. Il7
in said Town lor the purpose of making & repairing the high-
ways having been read a third time voted that the same be
enacted
*A vote so far granting the prayer of the pet of Isaac * 3-494
Baldwin as that he receix-e £20 from the Treasury was
bro' up read and Nonconcurred
A vote granting the prayer of the pet" of the Inhabitants of
Hampstead and giving them leave to bring in a bill accordingl}-
was bro' up read & concurred
A Resolve that His Exc' & Council be «& hereby are requested
to remove Woodbury Langdon Esq trom his Office of Justice of
the Superior Court of Judicature of s'' State, was bro* up and
read — Upon which his Exc'" the President & the Hon. R Wal-
lace & J. Freeman Esq'' two of the Council declined acting —
The Sen. Senator being in the Chair took under consideration the
afores'' Resolve, after some time agreed to postpone the further
consideration thereof —
Adjd till tomorrow morning 9 "Clock
SATURDAY Jan^' 29th 1791
met according to Adjournment
[Present as yesterday.]
A vote granting the pra\'er of the petition of John Wendell
Esq & giving him leave to bring in a bill accordingly was brot up
read & concurred
A Resolve that the Court of Gen' Sessions of the Peace by law
to be holden at Portsmouth within & for the Count}^ of Rocking-
ham on the second Tuesday of Feb' next be & hereby is ad-
journed to the fourth Tuesday of March next was brot up read &
concurred.
An Act to impower the Selectmen of Orange to assess a tax of
one half penny upon an Acre annually for the term of three j^ears
upon all the unimproved lands in said Town for the purpose of
making & repairing highways in said Town having been read a
third time voted that the same be enacted
A vote for a Com''"*' to join a Com'''* of the Senate to consider
of the propriety of receiving at a consolidated value, bills emitted
by this State prior to the 3^ear 1780 — in paym' of outstanding
Certify & Indent Taxes &c was bro' up read and concurred M''
Shepard W Webster & M"- Bell joined
A vote that Specie Orders drawn by the President on the funds
Il8 NEW HAMPSHIRE EARLY STATE PAPERS. [179^
impost excise or Naval Office be indiscriminately received in pay-
ment of any outstanding specie Taxes, impost or excise bonds
w^s brot up read and concurred —
A vote to pay Ozias Silsby £4..i8..6 for the postage of public
papers was brot up read & concurred
A vote that the Town of New Holderness be credited £23.2
N. Emission out of the Tax due for 1780 for beef was brot up
read & concurred.
A vote granting the prayer of the pet° of John Young Esq and
giving him leave to bring in a bill accordingly was brot up read
& concurred
* 3-495 * An Act to set aside the levy of an Execution heretotbre
made upon the Estate of the late Hon John Wentworth
Esq dec'' in the hands of Tho'* Millet Wentworth & James Carr
Adm'''* de bonis non to said estate having been read a third time
voted that the same be enacted —
Adj'' till Monday next 3 "Clock P. M —
MONDAY Jan^ 31 1791
met according to adjournment —
Present as on Saturday last except M"' Smith & M"' Webster
A vote for a Com''^'' to join a Com*^*' to consider of the petition
of Samuel Thing was bro* up read & concurred M' Green
joined —
A vote for a Com*«« to join a Com^^e of the Senate to consider
of the proposals made by the printers was brot up read and con-
currd M' Rogers joined —
A vote for a Comt«^e to join a Comtf^^ of the Senate to consider
of the pet" of James Murch was brot up read & concurred M''
Peabody joined —
A vote for a Com'^*' to join a Com'^'' to consider of a letter from
A. Hamilton Esq was brot up read & cone'' M'' Peabody join*"
A vote to hear the pet" of the Inhabitants of New Durham on
the second Tuesday of the next Session was brot up read and
concurred. —
A vote to refer the Acc° of John Parker Esq to the Com'«'« of
J Green & was brot up read & concurred
A vote to pay Col Clap £4..!.. 9 expences for survey & plan of
Light House was brot up read & concurred
A vote for a Com*'^'' to join a Com'*''' of the Senate to consider
of the pet" of A. Davis was brot up read & concurred M' Wal-
dron joined —
1791] JOURNAL OF THE SENATE. II9
A vote to hear the pet° of T Pinkham on the Second Tuesday
of the next Session was brot up read & concurred
A vote to hear the pet° of the Selectmen of Campton on the
Second thursday of the next Session v^'as brot up read and con-
curred
A vote for a Com'*' to join a com"'*' of the Senate to consider of
the pet of the Selectmen of Middleton was brot up read & con-
curred AP Freeman joined
An Act authorizing the Judge of Probate for the County of
Hillsb" to license Rebecca Barrett to represent the estate of her
late husband James Barrett deceas'', insolvent having been read a
third time voted that the same be enacted —
Adjd till tomorrow morning 9 "Clock
* TUESDAY Feb i, 1791 * 3-496
met according to adjournment
Present as j^esterday with the addition of M"' Webster
A vote for a Com'*'*' to join a Com't* of the Senate to nominate
two persons in each County to make sale of the Excise &c was
brot up read and cone'' AF Kingsbury & M"' Peabody joined
A vote for a Com'*^^*' to join a Com'*'*' of the Senate on the sub-
ject matter of the revision of the laws was brot up read & con-
curred M'' Freeman AP Green AP Rogers joined
A vote granting the prayer of the petition of S [Samuel] Thing
and giving him leave to bring in a bill accordingly was brot up
read & concurred —
A vote for a Com'^*' to join a Com'"** of the Senate to consider
of the Pet" of D. Johnson was brot up read & concurred M'' Wal-
lace joined
A vote for a Com'"*' to join a Com'*'" to take under considera-
tion the report of a Com'*"' on Treasurers Acc° was brot up read
& cone'' M'' Peabody & W Cilley joined —
A vote to hear the pet" of N Doyen on the third Wednesday of
the next Session was brot up read & concurred
An Act to restore Samuel Randall to his law having been read
a third time voted that the same be enacted
A vote for a Com'"" to join a Com'"" of the Senate to consider
of the petition R. Colony was brot up read & coned M' Waldron
joined
A vote that the Secretary in making up the Roll for the present
Session add the travel & attendance of the Hon Senate on the
I20 NEW HAMPSHIRE EARLY STATE PAPERS. [^79^
trial of an Impeachment exhibited by the Hon House of Rep" vs
W' Langdon Esq was brot up read and concurred
A vote for a Com*«<= to join a Com'^'* of the Senate to consider
of what business is yet necessary to be done at this Session &c
was brot up read & concurred M'' Webster M'' Rogers and Ar
Kingsbury joined
A Resolve that the President with advice of Council give order
for the payment of such sums as may be found due to the Mem-
bers of the Council & House of the late Province of N H for their
attendance during the 2 last years previous to the commencement
of the late revolution at the rate of 7/ ^ day for each Member of
C & 6/ '§ day for each member of the House was brot up read
& concurred —
A vote to abate the Town of Middleton the Am" of the Inter-
est which has arisen on the fines laid on s'' Town for their neglect
in procuring four men for the Continental service in 1781 Pro-
vided s'' Town shall pay into the Treas^' the principal of s'' fines in
one year from this time was brot up read and concurred
* 3-497 * An Act providing remedy when executions are levied
upon estate not the property of the Debtor having been
read a third time vo/cd that the same be enacted
A vote to accept the report of the Com**"^ apt'' to receive books
papers &c from the late Compt" was brot up read & concurred
Adj'' till tomorrow morning 9 "Clock
WEDNESDAY Feb 2 1791
met according to adjournment
Present all the Senate
A vote appointing Thursday the 7"' April next to be observed as
a day of public hum*" fast*? & prayer was bro' up read & con-
curred
A vote for a Com''^'<^' to join a Com'*"* of the Senate to consider
of the petition of Tim" Walker Esquire et alii — was brot up read
& concurred M' Cilley & M' Kingsbury joined —
A vote granting the prayer of the pet" of James Murch and
giving him leave to bring in a bill accordingly was brot up read
& concurred —
Adj' till tomorrow morning 9 "Clock
I791] JOURNAL OF THE SENATE. 121
THURSDxW Feb 3 1791
met according to adj'
[Present as yesterday.]
A pet" signed S [Stephen] Peabody & others praj-ing for an
Incor [poration] of An Academy by the name of the Atkinson
Acd' Also for a Lotterj- to raise £1000 with a vote thereon grants
the prayer thereof was bro' up & read — on motion to divide the
Quest" — shall they have leave to bring in a bill for an incorpora-
tion — passed in the Affirm'^" shall they have leave to bring in a
bill for a Lot' to raise £1000 The yeas & Nays being called for
were as follows Yeas Mess' Bell Waldron Wallace Peabod}' Green
Shepard & Freeman Nays Mess'" Smith Webster Kingsburj- Cil-
ley & Rogers yeas 7 Nays 5 & so it was voted that they shall have
leave to bring in a bill to raise iooo£
A petition signed W Page praying for an Incorporation of an
Academy Also for a Lottery to raise £1000 with a vote thereon
granting the prayer thereof was brot up & read on motion to
divide the Ques* — shall he have leave to bring in a bill for an
Incorporation passed in the Affirm shall he have leave to
bring in a bill for a Lottery to * raise £1000 including * 3-498
all expences The yeas & nays being called tor, were as
follows viz Yeas Mess"^ Bell Waldron Wallace Peabody Shepard
Freeman Green — Nays Mess"' Smith Kingsbury Webster Cilley
Rogers Yeas 7 Nays 5 & so it was voted that he shall have leave
to bring in a bill to raise iooo£ includ &c
A pet" signed Sam' Dana & Step" Dole praying for an Incor-
poration of an Ac''-' Also for a Lottery to raise £1000 with a vote
thereon granting the pra3'er thereof, was brot up & read — on mo-
tion to divide the Qiiest" shall the}' have leave to bring in a bill
for an Inc"*" passed in the aff'""'' Shall they have leave to bring
in a bill for a lottery to raise £1000 the yeas and nay being called
for were as follows Yeas Mess'' Shepard Wallace Peabody &
Green — Nays Mess'' Bell Smith Webster Kingsbury Cilley Wal-
dron Freeman & Rogers [Yeas 4 — Nays 8 — So it was voted that .
they shall not have leave to bring in a bill lor a lottery- to raise
one thousand pounds.]
shall they have leave to bring in a bill for a Lottery to raise
£500 instead of £1000 — The yeas & nay being called for
were as follows Yeas Mess'" Shepard Wallace Peabody Green &
Waldron Nays Mess"^ Bell Smith Webster Kingsbury Cilley Free-
man and Rogers — & so — an Incorp : onh' [Yeas 5 — Nays 7 —
122 NEW HAMPSHIRE EARLY STATE PAPERS. [^791
So it was voted that they shall not have leave to bring in a bill for
a lotterj' to raise five hundred pounds instead of one thousand
pounds.]
Adjd till tomorrow morning 9 "Clock
FRIDAY Feb>.4, 1791
met according to adjournment
Present as yesterday
A vote for a Com'<'« to join a Cornt'"' of the Senate to examine
& compare the engrossed bills agreeably to a vote this daj' passed
was brot up read <& concurred M'' Kingsbury joined
A vote that the Gen' Court proceed to complete the revision of
the laws the present Session — that after the third reading in the
House they passed to be engrossed &c and that they take effect
the i^' day of Nov'' next was brot up read & concurred
A vote for a Com'^^ to join a Comt**" of the Senate to consider
of the pet" of Gen' Stark was brot up read & concurred M'
Shepard joined —
* 3-499 * An Act to impower Samuel Thing to sell a parcel of
Land situate in Exeter the property of his wife by
descent from her father Joshua Wilson having been read a third
time voted that the same be enacted
A vote that the Treasurer be directed to sta}- the extents against
Eleazer Brown Sam' Lane Jonas Twitchel & John Thompson for
the sums they entrusted in the hands of Jon' Gaskill dec'' and that
Josiah Willard Sam' Gaskil & others have leave to withdraw their
petitions was brot up read & concurred
A vote for a Com'"** to join a Com'^^ of the Senate to consider
of Ace" of S. Bean was brot up read & concurred [M"' Rogers
joined]
A vote to postpone the further consideration of a pet" presented
by B Cilley, to the next June Session & that the Treas'' stay his
Extents vs s'' Cilley until s'' time — was brot up read & concurred
A vote for a Com"'*' to join a Com""^ of the Senate to take un-
der consideration the proposals lodged with the Sec^' for all or any
tracts of imlocated lands &c was brot up read & concurred M'
Kingsbury & AP Smith joind
A vote that there be a fair Statement of all the payments and
allowances that have been made by the State to towns or to indi-
viduals for services & expenditures in the com" defence during
the late war not alreadv stated and sent forward for allowance —
I791] JOURNAL OF THE SENATE. I23
that the several sums allowd & reported by the Commissioners
that were for that purpose appointed in 17S0 and whose powers
were extended and defined b}' sundry subsequent votes & resolves
be also included — And that three Coms'^''* be now appointed by
and on the part & behalf of this State to collect the Acc°' papers
and vouchers necessary for making the above statement and for
such other further charges as may in the opinion of the Corns'"'* be
exhibited by this State against the U S — by virtue of the several
Acts & Ordinances of Congress and that s'' Corns"'"'* certify such
abatement to be forwarded to the board of Coms"""* of the U S
whose province it may be to receive the same in such way and
manner as the President of this State may direct was brot up read
and concurred
* A vote to refer the pet" of E Buckman et alii to the * 3-500
Com*ee on T Walker et alii was brot up read & con-
curred
An Act to make good a title of certain lands lying in Hancock
to Thos Cochran jun'" & others, the original Deed of which is lost
having been read a third time voted that the same be enac''
An Act to alter the time of holding the annual meeting in the
Town of Hampstead having been read a third time voted that the
same be enacted.
An act to enable John Young to reenter an action and have a
new trial thereon at the Superior Court having been read a third
time voted that the same be enf'
An Act authorizing the Executor of Sam' Marsh* Will to sell
certain real Estate having been read a third time voted that the
same be enacted
An Act to enable the Selectmen of Alstead in the County of
Cheshire to assess levy & collect a tax on all the lands of non resi-
dent proprietors in said Town of two pence ^ Acre for the purpose
of repairing the public roads in said Alstead having been read a
third time voted that the same be enacted
An Act confirming the title to certain lands in the Vendee or
Vendees of John Neal Esquire having been read a third time voted
that the same be enacted
An Act impowering the Selectmen of Sandwich in the County
of Strafford in s'' State to tax the unimproved lands in s'' Sandwich
owned by nonresidents of s'' Town one penny on each acre for the
purpose of repairing highways in s'' Town having been read a third
time voted that the same be enacted.
A vote granting the prayer of the petition of Jacob Green Sa
124 NEW HAMPSHIRE EARLY STATE PAPERS. [^79^
Enoch Noyes & giving them leave to bring in a bill accordingly
was brot up read & concurr''
A vote that any person or persons have liberty to remove a Pier
near Capt John Blunts in New Castle to a place in the River at
Portsmouth called & known by the name of the sunken rocks &
fixing the same as a monument for mariners provided this State
be at no expence therefor was brot up read and concurred with
this amendment that {he person or persons removing said Pier pay
all costs or charge if any there be for taking care and securing the
same — Sent down brot up cone'' —
* 3-501 *A vote to refer the proposal of Nicholas Austin to the
Com'ee on proposals for unlocated lands was brot up
read & concurred.
A vote to hear the petition of a number of Inhabitants of Pel-
ham on the second Thursday of the next Session was brot up
read & concurred
An Act to authenticate & make valid two certain Deeds executed
by Zachariah Foss of Portsmouth in the State aforesaid Gentleman,
to John Phillips of Newport in the State of Rhode Island Esq
and by the said Phillips to John Wendell of s** Portsmouth Esq
having been read a third time voted that the same be enacted.
Adj'' till tomorrow 9 "Clock AM —
SATURDAY Feb^ 5_i7c)i_
met accords &c present as yesterday
This day spent in reading pub'' Acts
Adj'' till Monday morning next 9 "Clock
MONDAY Feb^- 7 1791
Met [according to adjournment.
Present as on Saturday last.]
An Act to enable Jonathan Blake to review an Action in the
County of Grafton, which was commenced by him in the County
of Rockingham against Josiah Burnham having been read a third
time voted that the same be enacted
An Act to restore William Burrows Jun' to his law having been
read a third time voted that the same enacted. —
A vote for a Com'^*^ to join a Com'*" of the Senate to consider
of the pet" of Tho" Pennyman in behalf of Washington was bro'
up, read & concurred M'' Waldron joined —
An Act to encourage the culture of hemp within this State having
been read voted that the same be nonconcurred
1791] JOURNAL OF THE SENATE. I25
A vote to pay G Hough £22. .5. .9 out ot" Excise for printing
was brot up read & concurred — reconsidered concurred as below)
concurred with this amendm' that s'' Hough be allowed 17 £ 5 & 9
instead of 22 £ 5.-9 — Sent down brot up con''
A vote so far granting the prayer the pet" of Aaron Davis as
that the extent tor the year 1788 be stayed until the next Session
of the Gen' Court so far as it respects the State was brot up
read & non concurred
*A vote that His Exc'' the President, the Hon the Chief * 3-502
Justice and the Treas"' of this State be and are appointed
Agents in behalf of this State to vest in the funds of U S — the
old Cont' Money final Settlements & Indents now in the Treas-^' or
that ma}' be bro' in prior to the opp'^' of funding the same was brot
up read and concurred —
A vote granting the prayer of the pet" of Lem' Parker & giving
him leave to bring in a bill accordingly was brot up read & non
concurred
A vote that the proprietors of the Town of Lj-man be abated
£98.. I. .5 out of their Certificate tax and £7. .17.. out of their
New Emission tax in full for all demands for services done by the
Inhabitants or proprietors or for an}- demands for being doomed
too high was brot up read & concurred
A vote that M'' Smith & M'" Freeman with such of the Hon
House as they shall join be a Com"'<' to consider the subject matter
of a Resolve passed by the Hon House on 21 of January last con-
cerning Extents issuing against the Selectmen of Concord in the
County of Grafton or the Selectmen of Concord alias Gunthwaite
or any Inhabitant thereof prior to the year 1788 and report thereon
was sent down for concurrence brot up concurred —
A vote to hear the pel" of H Miller in behalf of Steph" Har-
tord on the second Thursday of the next Session was brot up read
and concurred
An Act to impower John Calfe Eben"' Webster and Nathaniel
Weare to take back & rectify a certain report by them made to the
Superior Court in a cause wherein John Qiiimby Sanborn of Can-
dia was pi" & Sam Corser defendent having been read a third lime
voted that the same be enacted
An Act annulling a Judgment recovered at the Superior Court
of Judicature holden in the County of Grafton at Oct" term 1790
by Geo Eager, & James Moore vs James Murch & granting a new
trial on the action in which s'' Judgment was rendered having been
read a third time voted that the same be enacted
Adj'' till tomorrow morns 9 "Clk
126 NEW HAMPSHIRE EARLY STATE PAPERS. [179^
•3-503 * TUESDAY Feb^ 8"^ 1791
Met accd'' [according to adjournment.]
Present as yesterdaj'
A vote for a Com''^'^ to join a Com"^** of the Senate to consider
of a bill for regulating Licenced Houses was brot up read & con-
curred M" Freeman joined —
A vote adding M^ Macgregore & M"' Emerson to the Com"^'' on
the pet" of Tim" Walker Esq was brot up read & concurred.
A vote to hear the petition of Alexander Plumley on the third
Wednesday of the next Session was brot up read & concurred
An Act for laying out highways having been read a third time
voted that the same be enacted
An Act relative to common Fields & regulating Fences having
been read a third time voted that the same be enacted
An Act for setting off Debts, mutual demands & executions
against each other, having been read a third time voted that the
same be enacted.
an Act regulating the choice & service of Grand Jurors having
been read a third time voted that the same be enacted
An Act for regulating Towns & the choice of Town Officers
having been read a third time voted that the same be enacted
An Act for the punishment of certain crimes having been read
a third dme voted that the same be enacted
An Act for establishing an equitable method of making taxes
and for ascertaining the powers of Selectmen having been read
a third time voted that the same be enacted
An Act prescribing the duty & regulating the Office of Sheriff
having been read a third time voted that the same be enacted
An Act establishing forms of Oaths having been read a third
time voted that the same be enacted
Adj'' till tomorrow morning 9 "Clock
•3-504 * WEDNESDAY Feb^- 9— 1791
Met according to Adjournment
[Present as yesterday.]
An Act for the taking of Affidavits out of Court having been
read a third time voted that the same be enacted
An Act regulating fees having been read a third time voted that
the same be enacted
An Act regulating process & trial in civil causes having been
read a third time voted that the same be enacted
1791] JOURNAL OF THE SENATE. I27
An Act regulating Pounds, having been read a third time voted
that the same be enacted
An Act for the relief of Idiots & distracted Persons having been
read a third time voted that the same be enacted
An Act for establishing Courts of Law, for the administration
of Justice within this State & designating their powers & regulat-
ing their proceedings in certain Cases having been read a third
time voted that the same be enacted.
An Act relative to strays & lost Goods having been read a third
time voted that the same be enacted
An Act directing the proceedings against deficient Collectors
having been read a third time voted that the same be enacted.
A vote to pay Henry Ranlet ()£. 6 in full of his Acc° for print-
ing was brot up read & concurred
A vote referring the petition of Rich'' Eastman et alii to the
Com^^^'on the pet" of T. Walker Esq was brot up read & cone''
An Act for the convenient & speedy assignment of Dower hav-
ing been read a third time voted that the same be enacted
An Act authorising Eph'' Putnam Joseph Henrich & Jonas Kid-
der to sell the real Estate of Thomas Pringell deceased for the
benefit of his widow — having been read a third time voted that
the same be enacted —
A vote that the Light House at Fort point with the property &
Jurisdiction of two Acres three roods & thirty three poles of lands
on the neck at Great Island containing the whole width of s'' neck
up to the lands claimed by Bells heirs be ceeded to the U S reserv-
ing to this State the right of pursuing & apprehending all persons
who may escape from &c [the pursuit of any officers of this state
and take refuge within said territory — and that a bill be brought
in for that purpose.] was brot up read & concurred with this
amendment that it be one Acre & three quarters instead of 2 A 3
R 33 poles begs at the L H point Sent down for concurrence brot
up cond
* A vote that the President receive from B Hanniford * 3-505
an Order on the specie tax and in lieu thereof deliver s*"
Hanniford an order for the like sum on the revenue arising from
the Excise was brot up read & Nonconcurr''
Adj till tomorrow morning 9 "Clock
128 NEW HAMPSHIRE EARLY STATE PAPERS. [l79I
THURSDAY Feb^' io«> 1791
met according to adjt
Present as 3'esterday
A vote for a Com*^^ to join a Com"' to consider of the pet" of
Geo Kenfield was brot up read & concurred M'' Green & M"" Smith
[joined] —
An Act altering the places of holding the Courts in the County
of Strafibrd having been read a third time voted that the same be
enacted.
An Act for the punishment of Profane cursing and swearing
having been read a third time voted that the same be enacted
An Act to prevent frauds & perjuries having been read a third
time voted that the same be enacted
An Act declaring the mode of conveyance by deed having been
read a third time voted that the same be enacted
An Act regulating Prisons having been read a third time voted
that the same be enacted.
An Act allowing a certain Premium for killing Wolves having
been read a third time voted that the same be enacted
An Act to impower the Inhabitants of Lvman in the County of
Grafton to lev}' a tax on all the lands (public rights excepted) in
said Town ibr making & repairing highways therein having been
read a third time voted that the same be enacted
[Adjourned till to-morrow morning 9 o'clock.]
In Senate [FRIDAY] Feb. ii, 1791
Met acdi^ to adjt —
[Present as 3'esterday.]
A vote that no extent in future be issued against the Selectmen
of Concord in the County of Grafton or the Selectmen of Con-
cord alias Gunthwaite or any Inhabitant thereof for any taxes due
from s'' Town prior to the 3'ear 1789 until a special Act pass the
General Court, directing the manner of levying and collecting s*
Taxes was bro' up read & concurred.
•3-506 *A vote to pay the Ace" of Jacob Green amo's to £1..
4. .0 John Parker d" 3. .12. .6 W" Page et alii 30..17..O
for expences &c on the prosecution of W-^' Langdon Esq was bro'
up read & concurred
A vote to accept the report of the Com''^'' to nominate two per-
sons in each count}' in this State to make sale of the excise, —
that the persons hereafter mentioned be appointed for that purpose
1791] JOURNAL OF THE SENATE. I29
viz N Rogers & E Robinson for the Count}- of Rockingham J
Waldron & J Wingate Strafford Will" Gorden & S Dole Hillsbor"
Amos Shepard & W Page for Cheshire Moses Baker & John
Rogers Grafton was brot up read & concurred
A vote for a Com**^*^ to join a Com*'^'' of the Senate to consider
what number of law books shall be printed was brot up read &
concurred M'' Freeman & M'' Shepard joined
A vote that the Compt" call on Col D'' Hobart to ace" for the
money he received [for paying soldiers 1777 and in particular the
money he receivd] for Geo Kemfield [Kentield] was brot up read
& concurred
An Act for the equal distribution of insolvent Estates having
been read & third time voted that the same be enacted
An Act for the maintenance of Bastard children having been
read a third time voted that the same be enacted
An Act declaring the duty and defining the power of collectors of
taxes having been read a third time voted that the same be enacted
An Act prescribing the forms of writs in civil Causes having
been read a third time voted that the same be enacted.
A vote that the Town of Wendell be abated the sum of £184
out of their Certificate taxes »&: that the Treas'' settle the same with
the Selectmen of s'^ Town who are to account with the non resi-
dent proprietors for their proportion of the same — was bro' up
read & concurred
adj<itill tomorrow morning 9 °C
* SATURDAY, Feb-"- 12, 1791 * 3-507
Met according to adjournment
[Present as yesterda}'.]
An Act directing the proceedings against the Trustees of absent
or absconding Debtors having been read a third time voted that
the same be enacted
An Act to restrain the taking of unlawfull Interest having been
read a third time voted that the same be enacted.
A vote to pay the Ace" of Nath' Rogers & Nath' Gilman Esq""
amounting to £4 & that said Rogers & Gilman lodge in the Sec*^
Office the receipt by them taken of J' Macgregore Esq Compf of
Accounts was brot up read & concurred
A vote for a Com*e*' to join a Com*«e of the Senate to consider
of the Ace" of Col" Giddinge was brot up read & concurrd M''
Smith joined
Adjd till Monday next 9 "Clock A M
130 NEW HAMPSHIRE EARLY STATE PAPERS. [179^
MONDAY Feb. 14 1791
met according to adjournment
Present as on Saturday last
A vote to hear the pet" of Littleton & Dalton on the third
Wednesday of the next Session was brot up read & concurred
A vote that John Orr have & receive two pounds seventeen shil-
lings & five pence in full of his Ace" for selling a lot of land in
Washington by order of the Gen' Court & that the Treas' deliver
up to said Orr his bond for £200 — was brot up read & con-
curred —
A Resolve appointing Commissioners to state the Demands of
this State against the United States was bro' up read and con-
curred.
An Act to vest the exclusive right & privilege of keeping a
ferr}- over a certain part of Merrimac River in Benjamin Noyes
of Bow his heirs & assigns having been read a third time voted
that the same be enacted.
A vote that all the books & papers which are now in the hands
of [the committee of] Claims and which belong to s'' office be de-
livered to James Macgregore Esq Comptroller of Ace" & that they
be kept in an Office at Exeter was brot up read & concurred.
A resolve that the Senators of this State in the Senate of the U
S be & hereb}' are instructed to use their endeavours to procure
the admission of the Citizens of the U S to hear the debates of
their House whenever they are sitting in their Legisla-
* 3-508 tive capacity * was brot up read & concurred
A vote for a Com'*"'^ to join a Com'*?*^ of the Senate to
confer on the subject matter of the Resolve respecting the receiv-
ing of specie in lieu of facility taxes &c now outstanding was brot
up read & concurred M' Freeman M'' Webster and AI'' Shepard
joined —
A vote that the Treas' have & receive out of the Treas'-'' £240
as a Salary from June 1790 to June 1791 and that it be considered
in full for services Office hire travel Stationarj- &c was brot up
read & concurred with this Amendm* that he have & receive two
hundred & forty pounds in full for services Office hire travel &
responsibility of Office — sent down for concurrence — brot up
coned
A vote that his Excellency have & receive £200 as a Salary
was brot up read & concurred with this Amendm* that his Exc''
receive £230 instead of £200 — Sent down for concurrence brot
up with a Message that they adhere to their former vote —
I791] JOURNAL OF THE SENATE. I3I
A vote that the Sec"' have £50 as a Salaiy from June 1790 to
June 1 791 was bro' up read & concurred
A vote that the Corns* Gen' receive £9 as a Salar}' from June
1790 to June 1791 was brot up read & concurred
An Act to enable the Justices of the I C [Inferior Court] of
Com" Pleas to fix & determine the boundaries of the Goal Yards
in their respective Counties having been read a third time voted
that the same be enacted —
A vote granting the prayer of the Trustees of Chesterfield
Academy and giving them leave to bring in a bill for raising
£1000 by Lottery was brot up read & nonconcurred
A vote that the Chf Justice receive £180 & the other Justices
£140 as Salaries was brot up read & concurred with this altera-
tion that the Chf Justice receive i65£ instead of £i8o£ & the
other Justices i35£ each instead of I40£ Sent down — [for con-
currence.]
A vote that G Gains S. Clap Esq'" be a Comt«« to examine and
ascertain the amo'^ of what has been expended in support of the
light House since Aug 1789 & to call on J Whipple for paym' of
s'' Ace" — and that the same be lodged with the Treasurer taking
his receipt therefor was brot up read & concurred —
A vote for a Com^^e ^q join a Com^^^"^ of the Senate to consider
matters relative to Invalids — was brot up read and concurred M'
Smith & M"' Cilley joined —
* An Act for ceding to the U S of America one Acre * 3-509
and three quarters of an Acre of land with the fort &
Light House thereon scituated in New Castle having been read a
third time voted that the same be enacted.
An Act for the suppressing of Lotteries having been read a
third time voted that the same be enacted —
A Resolve that the time for farming the Excise be lengthened
out until the last day of April next was brot up read & con-
curred —
A vote that the proposals of John Melcher for printing the re-
vised laws be received — was brot up read & concurred —
A vote that the Attornej' Gen' receive £60 as a Salary from
June 1790 to June 1791 was brot up read <& concurred.
A vote that all former votes passed staying or forbidding tlie
levy & collecting the State or County Taxes in Bath be reconsid-
ered and made null & void — And the Selectmen & collectors pro-
ceed in the levy Sa collecting the .s' Taxes in the same manner as
they by law cou'' have done had no such vote or resolve be passed
was brot up read & concurred
132 NEW HAMPSHIRE EARLY STATE PAPERS. [^79^
A vote that the General Court which is to assemble on the first
Wednesday of June next, meet at Concord was brot up read &
concurred.
Adj'' till tomorrow morning 9 "Clock
TUESDAY Feb 15, 1791
Met according to adjournment
Present as yesterday
The fols amend* to a vote of yesterday viz that His Exc*" have
and receive £230 instead of £200 was reconsidered & then the
vote that His Exc^ have & receive £200 as a Salary from June
1790 to June 1791 was read & concurred
A vote that Moses Kelley Esq or Joshua Wentworth Esq de-
liver to the President & Council the receipt signed Meshech
Weare Presid* dated in 1782 or 1783 for £50 & that s'' Kelley or
Wentworth have an Order on the Treas"' for that sum was brot up
read & concurred
An Act impowering the Selectmen of Campbells Gore to take
an Invoice & assess & collect the tax of the year 1790 having
been read a third time voted that the same be enacted
An Act regulating Bail in civil Causes having been read a third
time voted that the same be enacted
An Act regulating Marriages & for the registring of Marriages
Births & Burials having been read a third time voted that the same
be enacted
•3-510 * An Act for the punishment of idle & disorderl}' per-
sons for the support & maintenance of the poor — and
for designating the duties »& defining the powers of overseers of
the poor — having been read a third time voted that the same be
enacted. —
An Act for Preventing Trespasses having been read a third
time voted that the same be enacted.
An Act empowering the Judge of Probate to grant license to
sell real estate in certain cases having been read a third time
voted that the same be enacted.
A vote to receive «& accept the report of a Com'^^ on Treas"^
Ace" that said Abstract amounting to £1018. 2. .3^ in Specie &
£17. .6 New Emission money be allowed & paid out of the Treas-
ury & that the Treas'' govern himself accordingly & charge the
same in his next account to be settled was brot up read & con-
curred
I791] JOURNAL OF THE SENATE. I33
An Act to restore William Boynton to his law having been read
a third time voted that the same be enacted —
An Act subjecting lands & Tenements to the payment of debts
&i directing the mode of levying executions on real & personal
Estate having been read a third time voted that the same be
enacted
An Act for the ease & relief of persons imprisoned for debt hav-
ing been read & third time voted that the same be enacted
An Act for the punishment of Lewdness, Adulter}^ and Polyg-
amy having been read a third time voted that the same be enacted
A Resolve tor establishing four routs of Posts was brot up read
& concurred with this amendment that there be a Post Officer ap-
pointed at Plastow sent down for concurrence — brot up with a
Message that the House of Rep" adhere to their former vote — ,
In Senate the same day the foregoing amendment was recon-
sidered & voted that the said Resolve be concurred.
A vote so far granting the prayer of the petition of P Goss as
that the extent against him for the sum of £45 be stayed till the
next Session was brot up read & concurred —
*A vote that the ReV' Doct'"' Evans receive £3 — 12 as * 3-5 n
Chaplain was brot up read & concurred — w* grant''
A vote that 340 books of the revised laws be printed at the
expence of the State was brot up read & concurred.
A vote that no extent be issued against Plainfield for the deficien-
cies of Soldiers until the next Session of the Gen' Court was brot
up read & concurred
An Act to incorporate the Episcopal Society in Portsm'' having
been read a third time voted that the same be enacted
A vote granting the prayer of the petition of the Trustees of
New Ipswich Academy and giving them leave to bring in a bill
for raising £1000 by letter}' was brot up & read — the yeas & nays
being called for were as follows Yeas M'' Waldron NP Rogers
M-- Cilley M'' Bell & M'' Kingsburv Nays M"" Green M'' Wallace
M"' Smith M"' Freeman M'' Shepard M'' Peabody & M'' Webster
[Yeas 5 — Nays 7 — ] so it passed in the Negative —
A vote granting the prayer of the [petition of the] Inhabitants
of Hopkinton and giving them leave to bring in a bill for raising
£1000 by lottery was brot up read & nonconcurred —
Adj'' till tomorrow morn»" 9 "Clock
134 ^'^'^^' HAMPSHIRE EARLY STATE PAPERS. [l79I
WEDNESDAY Feb — i6, 1791 —
met accords to adj'
Present as yesterday
A vote to pay the Ace" of Eben' Smith Esq amounting to £7..
17..0 as one of a Com*''" on unlocated lands was brot up read &
concurred
A vote to pa}- the Ace" of George Hough amounting to •£3..
2. .6 for printing Proclamation was brot up read & concurred
A vote that the travel attendance &c of the Gen' Court be the
same as the last year was brot up read & concurred —
* 3-5 1 2 *An Act to incorporate an Academy in the Town of
Charlestown by the name of Charlestovvn Academy hav-
ing been read a third time voted that the same be enacted —
A vote that the expence Ace" mentioned in the report of the
Comtee on settling the Ace"' between the Treas'' <& this State
amo*s to £42.. 4. 5 [be allowed] was brot up read & concurred
A resolve to paj' the Travel Attendance &c of the Gen' Court
out of the money, now in the Treas'" was brot up read and con-
curred
A vote that a tax of £2000 be raised the current year and that
a bill be bro' in for that purpose was bro' up read & concurred
A vote to pay the Ace" of VV'" Duncan amo'*^ to i8s for ex-
pences &c notifiing J Bell Esq of his Apptmt was brot up read &
concurred —
An Act to incorporate certain Physicians by the name of the
New Hampshire Medical Society having been read a third time
voted that the same be enacted.
A vote to pay Nath' Peabody Esq £41.. 2/ on revision of Laws
was brot up read & concurred
A vote to pay the Ace" of J Smith Esq amo's to £85.. 19.. 6
on revision of laws was brot up read & concurred
[A vote to pay the Ace" of Jn" Sullivan Esq Amots to £32. .6.0
on revision of laws was brot up read & cone'']
A vote to pay the Ace" of A Livermore Esq amo'^ to £6. .1/6
for engrossing Acts was brot up read & concurred
a Vote to pay the Ace" Ed' Livermore amo*^; to £3 for engross-
ing Acts was brot up read & concurred
A vote to pay the Ace" of John Porter amo^s to £Z--^/ f*^''
engrossing bills was brot up read & conC'
A vote that the Chf Justice of S C [Superior Court] have 150 £
and each of the other Justices £130 each of them accounting for
fees respectively was brot up read & concurred
I791] JOURNAL OF THE SENATE. 135
An Act directing the proceedings in case of forcible entry or
detainer of lands or Tenements having been read a third time
voted that the same be enacted
* An Act for the punishment of certain Crimes not * 3-513
Capital having been read a third time voted that the
same be enacted.
An Act relative to the Attestation of Wills having been read a
third time voted that the same be enacted
An Act prescribing the time & mode of redeeming real Estate
mortgaged or conveyed by Deed of Bargain & Sale with defeaz-
ance having been read a third time voted that the same be enacted
A Resolve that the Selectmen of the several Towns & places in
this State be directed to call on the several Collectors who are
delinquent in collecdng the Indent & Certificate taxes that they
certify to the Treas'' the amount of the sums in Certificates &
Indents &c &c was read & concurred except such parts thereot as
relate to notes & Certificates of this State Sent down — brot up
with a message that the House adhere to their former vote —
nonconcurred —
A vote to pay W'" Duncan £3 for the use of a Room &c was
brot up read and concurred
A resolve that the Treas'' issue a precept to the several Towns
that have been represented the year past stating the sums due from
such Towns for the attendance of their Rep- & that he require the
Selectmen to pay such sums into the Treas'' by the first of March
1792 was brot up read & nonconcurred —
A vote to pay S Bean £5.. 10 for postage of public papers was
brot up read & concurred
A vote to accept the Report of the Com"^^<^ to examine the Treas"'
Ace" was brot up read & concurred
A vote to pay the Members of Hon Senate their travel &
Attendance when sitdng on the trial of W'' Langdon Esq was
brought up read & concurred —
A vote to pay C. Buswell £21.. 10 for wood, candles Attend'*'
&c was bro' up read & coned
A vote to pay J GrifiSth 20s in full of his Ace" for printing was
brot up read & concurred —
A vote requesting His Excellency to write to our Rep' in Con-
gress relative to the Invalids in this State not on the pendon list
was brot up read & concurred —
Adj'' till tomorrow morning 9 oClock
136 NEW HAMPSHIRE EARLY STATE PAPERS. [179^
THURSDAY Feb 17 1791
Met according to Adj' —
[Present as yesterday.]
*3— 514 *A vote granting the prayer of the pet" of J Atherton
in behalf of S Flagg & giving him leave to bring in a
bill accordingl}- was bro' up read & concurred
A vote for a Coni*^<^ to join a Com*'''^ of the Senate to report
what business is yet necessary to done was brot up read & con-
curred M'' Cilley & M'' Freeman joined —
An Act granting to certain persons therein named the exclusive
right of building a toll Bridge over Merrimac River at any place
between one mile below Isle Hooksett falls so called & one mile
above the s'' tails & regulating the toll of s'' bridge having been read
a third time passed to be enacted Sent down — bro' up concurred
An Act suspending the operation of sundry Acts therein enu-
merated until a certain time therein mentioned having been read a
third time passed to be enacted sent down for conc*^ — brot up
concurred —
A resolve that the Coms"''^ admit the claim of Sam' Flagg
against the estate of Z Cutler an Absentee and that he have the
same out of his estate not administered upon was sent down for
concurrence — brot up concurred
A vote that the Rev' M' Belknap receive £50 by order of the
President as a recompence & encouragement for his laudable
undertaking of & compiling the History of New Hampshire was
brot up read & concurred
A vote that His Exc' inform M"^ Evans that it is the desire of
the Legislature that he wou'^ deliver an Election sermon in June
next at Concord was brot up read & concurred —
A vote to pay the Ace" of J [James] Gray amo's^ to £i..i5 for
engrossing bills was brot up read & concurred
A vote to pay the Ace" of M L Neal amots to £5. .13. .3 for
engrossing bills was brot up read & concurred
*3~5i5 * ^^ '^'ote appointing Jer'' Smith Esq to inspect the press
while the laws are printing was brot up read and con-
curred, with this amendment that the Hon Nath' Peabody Esq be
added to the Com*™ to inspect the press while the revised laws
are printing either of whom to attend that business & that s'^
^Qn^tee bg directed to draught a book of forms for such civil Offi-
cers of this State as they shall think proper & lay the same before
the Gen' Court at the next Sessions was sent down tor concur-
rence — brot up concurred.
1791] JOURNAL OF THE SENATE. 137
An Act to establish an Academy in the Town of Atkinson and
to incorporate the Trustees thereof having been read a third time
voted that the same be enacted
An Act relating to Attorneys having been read a third time
voted that the same be enacted
An Act to prevent incestuous Marriages & to regulate divorces
having been read a third time voted that the same be enacted
A vote to pay the Ace" of John Calfe Esq amo^s to c)£ & y"^ for
paper recording &c was brot up — read Sa concurred —
A vote to pay the Ace" of J Nelson amo's to £i8..i5..4 for
time expences &c was brot up read & concurred —
An Act to incorporate & establish an Academy in Amherst hav-
ing been read a third time voted that the same be enacted
A vote that no Extents issue against the Selectmen of Bath for
any public Taxes until Jan' 1792 was brot up read & concurred
A vote that His Excellency the President be requested to write
to the Sec'' of the Treas'' relative to the sums in final Settlement
Certificates paid to the State of N. H. by the Agents in the late
Army was brot up read & concurred
Adj"' till tomorrow morning 9 "Clock
FRIDAY Feb^ 18 1791 —
Met accd Present as yesterday —
A vote that specie orders Excise orders &c be indiscriminateh'
received in the paj'ment of any outstanding specie tax, Impost or
Excise bonds was bro' up read & concurred
A resolve that the thanks of the General Court be returned to
the Town of Concord for the generous & polite ofler made by the
Selectmen in behalf of said Town, of the use of the
public building lately *erected for the accommodation *3— 516
of the General Court was brot up read & concurred
A vote that the President with advice of Council be desired to
appoint a Post Officer at Plastow, provided it be done without any
expence to the State was brot up read & concurred
A vote that the President with advice of Council be desired to
adjourn the General Court to the last Wednesday in Ma}' next,
was brot up read & concurred.
His Excellency the President sent down the Secretary to inform
the hon. house, that he with advice of Council had thought fit to
adjourn the Gen' Court agreeably to the above vote — A procla-
mation thereof, was accordinglv made
f J. PEARSON See'
JOURNAL
(■F THE
House of Representatives
COXTAINIXG THE PEOCEEDINGS
FROM Jx\NUARY 5 TO FEBRUARY 18, 1791.
STATE OF NEW HAMPSHIRE. *i4-7o
A JOURNAL
Proceedings of the House of Representatives of said
State at their Session begun and holden at Concord
ON Wednesday the fifth day of January One thousand
Seven hundred and ninety one and in the fifteenth
year of the Independance of America —
WEDNESDAY January s^^' 1791-
A quorum of the House met according to adjournment
Information was given to the Honb' Senate that a quorum of the
house were present and ready to proceed to business —
A message from the Honb' Senate gave information that a
quorum of the Senate were present, but as the day was far spent
should be ready to proceed to business to morrow morning at
which time the public papers would be laid before the House —
Adjourned to 9 oClock to morrow morning
THURSDAY Jan« 6*^ 1791.
The House met according to Adjournment
Motion was made for the choice of an Assistant Clerk and AP
Moses Leavitt Neal was chosen for that purpose
The Secretarj' came down from the Honbl Senate with the fol-
lowing message from his Excellency
Gentlemen of the Senate and Gentlemen of the House of Rep-
resentatives —
It is with peculiar satisfaction I again meet you in Session
142 NEW HAMPSHIRE EARLY STATE PAPERS. [179^
when the rapid progress of Agriculture and manufactures and
the flourishing state of commerce wear so favourable an aspect
and when the great national affairs that concern the United
States in General which formerlj' occupied a considerable part
of the time and attention of the state Legislatures having by
the adoption of the General Government devolved on the national
Legislature has afforded us a favourable opportunity to
* 14-71 attend with more deliberation to those * matters that
principally concern the interest of this state in particular,
and this being the Season of the year when this Legislature can
most convenientl}' attend to the affairs of the public, you will per-
mit me to suggest for your consideration such matters as appear to
me to require your attention the present session —
The Secretary will lay before you such public papers as I have
received since 3'our last meeting among which you will observe an
Act of Congress past the fourth of August last entitled " an Act
making provisions for the debt of the United states which will I
apprehend require your early attention —
The proposal of ceeding the light house in this State A\-hich was
under your consideradon the last Session will probably be resumed
at this time and determined in such manner as you shall think
will be most for the Interest of the state and the expences w-e have
been at in Supporting the light since the 15"' of August 1789 ad-
justed in order that the monej^ ma}' be received agreably to the
Acts of Congress —
The Act for raising a Revenue in this state by Excise I would
recommend to your consideration, whether as our affairs are now
circumstanced the continuing it longer will be beneficial to the
public you will determine, and if you should think proper to con-
tinue the excise in whole or in part whether a different mode of
collecting it might not be adopted with advantage —
A revision of the Laws and Statutes practised upon in this state
and adopting them to our present situation is a matter greatly to
be desired, that the people at large may know what are the Laws
that are now in foixe, and if your Committee who were appointed
for that purpose are ready to report I should hope the business
will be properl}- attended to the present Session —
The advantage of good roads to keep up a free and easj- com-
municadon through the state and proper encouragement to post
riders to carry dispatches and intelligence through the different
parts of it is so great that it is worthy your consideration whether
the expence that will accrue will not be greatly overbalanced by
1791] JOURNAL OF THE HOUSE OF REPRESENTATIVES. I43
the advantages that maj' rationally be * expected from it * 14-72
in giving the citizens a better opportunity of being [ac-
quainted] with the public affairs of the state and more effectuallj-
uniting and cementing them in one common interest —
I have seen with some concern, considerable part of the time of
the Legislature frequently taken up in hearing and determining on
private petitions to the hindrance of public business, expence to
the parties and the state and loss to the Indi\-iduals who compose
the Legislature and I would recommend it to your consideration
whether in many cases some other mode might not be adopted for
granting relief that would do equal iustice to the parties at less
expence to the state and them —
Gentlemen, of the House of Representatives
The settlement of the Treasurers accounts, making provision
for the Supply of the Treasury and granting proper allowances to
the public ofKcers being matters that are usually transacted at this
Season of the year will not I suppose pass unnoticed —
Gentlemen of the Senate and Gentlemen of the House of Rep-
resentatives
Laws to encourage agriculture and Manufactures, Regulations
that will tend to excite a Spirit of Industry- and frugality, proper
attention to the education of the rising generation who are soon to
come on the stage of Action, to instruct them in the principles of
knowledge and literature to implant in their minds the seeds of
virtue and morality of benevolence and patriotism and the love of
justice will I conceive tend greatly to promote the happiness and
prosperity of the community, which are the great objects to which
our care and deliberations ought to be directed and Gentlemen
you may rely on my hearty assistance and coopperation in ever}-
measure that will conduce to the welfare of my fellow citizens —
Concord, Januarv 5'" 1791 — Josiah Bartiett
* Voted that M' Plummer, M'' Jer'= Smith, M'' Abbott M' " 14-73
Macgregore & M'' Badger with such of the Honb' Sen-
ate as they may join be a Committee to take under consideration
his Excellencys Message this day received and report what busi-
ness is necessar}' first to be entered upon and done at this Session —
Voted that the Treasurer be directed to receive a certificate in
favour of Nathan Andrews and others for killing one grown wolf
and a wolfs whelp which certificate is dated at Plainfield April
29"' 1789 and signed by the Select men and constable, also one
other certificate in favour of Joseph Spaulding for killing one
grown wolf which certificate is dated August 13'" 17S5 and signed
144 ^E^^" HAMPSHIRE EARI.Y STATE PAPERS. [^791
by the Select men and allow said persons the bounties prescribed
by Law thereof, any legal defect in said Certificates to the con-
trary not withstanding —
]'otcd that the Treasurer be directed to deliver to John Orr Esq''
a Bond by him signed for the faithful discharge of trust reposed in
nim respecting the sale of land in Washington, he the said Orr
ha\ing proceeded in said business agreably to an Act for that pur-
pose passed Jan' 15"' 1790 —
The Seat of the Speaker having become vacant by the Honb'
Thomas Bartlett's having accepted an appointment of a justice of
the Inferior Court in the County of Rockingham — motion was
made for the choice of a Speaker and the Honb' Moses Dow Esq''
was chosen to that office —
Adjourned to three oClock P. M.
Met accordingly
Voted that M"' Toppan, M'' Macgregore & M'' Cragin with such
of the Honb' Senate as they may join be a Committee to consider
of the Petition of Esther Holland and report thereon —
]^oted that M"' Gains, M'' Barrett & M"^ Page with such of the
Honb' Senate as they may join be a Committee to consider of the
Petition from Peterborough slip & report thereon —
* 14-74 * On motion by M'' Sherburne, does the Resolve past by
a former House of Representatives respecting the pay-
ment of a Dollar on the preferment of Petitions to the Legislature
extend to this House voted that it does not —
Voted that M' Sherburne, M'' Page, M'' Hale, M'' Barrett & M"-
Young with such of the Honb' Senate as they may join be a Com-
mittee to take under consideration the Laws of this state relating
to Excise and report what is necessary to be done respecting said
Laws —
Voted that M' Page, M"' Hoit & M'' Whitcomb with such of the
Honb' Senate as they maj^ join be a Committee to consider of the
Petition of Cap' Robert Parker and report thereon —
Adjourned to 9 oClock to morrow morning
FRIDAY Janb 7'" 1791.
The House met according to adjournment
Voted that M' Plummer, M"^ Abbott & M' Holmes with such of
the Honb' Senate as they may join be a Committee to consider of
the Petition of John Goddard & others and report thereon —
Voted that M'' Sherburne, M'' Baker & M'' Plummer with such
I791] JOURNAL OF THE HOUSE OF REPRESENTATIVES. I45
of the Honb' Senate as they may join be a Committee to consider
of the Petition of George Hull and report thereon —
Upon reading and considering the Petition of the Town of
Cockermouth voted that the Petitioners be heard thereon before
the General Court on the Second Tuesday of their next Session
and that in the mean time the Petitioners cause that the Substance
of the Petition and order of Court thereon be published three
weeks Successively in one of the New Hampshire News papers
Six weeks prior to the sitting of said Court that any person or
persons may then appear and shew cause why the prayer thereof
ma}' not be granted —
* Voted that the ballance of the Account of David * 14-75
Hills amounting to four pounds and nine pence be al-
lowed & paid out of the Treasury by order of the President from
the revenue arising by excise —
Voted that the Account of Ephraim Hartwell amounting to
eighteen shillings be allowed and paid out of the Treasury' by
order of the President from the revenue arising by Excise —
Voted that M'' Eames, JVP Badger & M'' Stiles with such of the
Honb' Senate as they may join be a Committee to consider of the
Petition of John Wendall Esq' in behalf of the Proprietors of
Lyman, and report thereon —
looted that NP Gibson, M' Sherburne, M' Wentworth M"' Plum-
mer and NP Abbott with such of the Honb' Senate as they may
join be a Committee to take under consideration that part of his
Excellency's message that respects ceeding of the Light House to
the United states and if they shall judge proper report a Bill for
that purpose —
looted that the Estimate made by Supply Clap Esq'' Commis-
sary General, of Rations due to Cap' Salter & others be referred
to the Committee on the propriety of ceeding the light house to
the United states, and that they report thereon —
Voted that M"' Macgregore, W N Hoit, M'' Warner, M"' Stiles &
M' Young with such of the Honb' Senate as they may join be a
Committee to consider of the propriety of establishing Post roads
and Post riders to the Interior parts of this State and report a Bill
for that purpose if they shall judge it necessarv —
Voted that M"' Sherburne, W Hill, l\P Abbott, M'' Page & M"'
Dow with such of the Honb' Senate as they may join be a Com-
mittee to consider of some more easy and less expensive mode of
hearing and determining on Petitions preferred to the General
Court and report thereon —
146 NEW HAMPSHIRE EARLY STATE PAPERS. [l79I
Voied that M"- Plummer, M' N Hoit, M'' Jei"' Smith M' Page
M"^ Crawford. M"' Sherburne & M'^ Barrett with such ot"
* 14-76 the Honb' * Senate as they may join be a Committee to
take under consideration what shall be done with the
money now in the Treasury also what method shall be taken with
respect to collecting out standing Taxes and what may be due
on Bonds given to the Treasurer for Excise Impost or any other
matter that remain unpaid & report thereon —
The Committee appointed last Session to make enquiry whose
property the chest was that was mentioned in a Letter from the
Treasurer to his Excellency. Reported that by the best evidence
they could procure John Parker Esq"^ of Portsmouth by a Resolve
of the General Court was directed and impowered to take into
possession the personal estate of George Mcserve an absentee and
dispose of the Same at public Auction in order to Support his wife
and children. Accordingly M'' Parker took said personal estate into
possession among which said Chest was included and at the sale
of the Same AP James Sheafe attended, bid off the Chest and
paid the money into the hands of M"' Parker — Signed Michael
McClarey which report being read and considered voted that it
be received and accepted —
Resolved that the Treasurer be directed to procure a Suitable
chest for the use of the Treasury as soon as possiblv mav be —
Voted that M"' Gains M"' Hoit, AP Abbott, M' Whitcomb & M''
Eames with such of the Honb' Senate as they may join be a Com-
mittee to consider in what manner the arrears due to Invalids shall
be paid and report thereon —
Voted \\-i2X AP Abbott, M'' Badger & AP Sherburne with such of
the Honb' Senate as they ma}- join be a Committee to prepare a
Resolve expressing the thanks of the General Court to the Town
of Concord for the offer made by the Select men in behalf of
said Town of the buildings lately erected by them for public
use —
* 14-77 * Voted that M'' Macgregore, M' Plummer & ftP M""-
Clarey with such of the Honb' Senate as they may join
be a Committee to take under consideration a Letter from the
Legislature of Virginia and report thereon —
Adjourned to 3 o'Clock P. M —
Met accordingly —
Upon reading and considering the Petition of the Select men of
the Town of Rindge — voted that the prayer thereof be granted
and that they have leave to bring in a Bill accordinglv —
1791] JOURNAL OF THE HOUSE OF REPRESENTATIVES. I47
Voted that M' White, M"" Cilley & M'' Jo' Smith with such of
the Honb' Senate as they may join be a Committee to consider of
the Petition of Susanna Johnson and Sylvanus Johnson and report
thereon —
Voted that M'' Blanchard, M"' Macgregore & M'' Bartlett with
such of the Honb' Senate as they may join be a Committee to
consider of the Petition of Jacob Green and Enoch Noyes &
report thereon —
Adjourned to 9 o'Clock tomorrow morning
SATURDAY Jan^ 8'" 1791.
The House met according to adjournment
Upon reading and considering the Petition of James Woodward
Esq' voted that the prayer thereof be granted and that the Treas-
urer be directed to issue a new note of the same Tenor and date
accordingly —
Upon reading and considering the Petition of Joseph Tilden
praying for the priviledge of a ferry across Connecticut River at
Lebanon — voted that the prayer thereof be granted so far as that
he have leave to bring in a Bill to vest in him his heirs & Assigns
the priviledge for a ferry but not to prevent the building of a
Bridge hereafter within said limits —
looted that the Committee appointed for the revision of the
Laws have leave to engage one or more Clerks to assist them in
compleating the business of their appointment —
l''otcd that the Account of John Parker and Nath" Rogers Esqr*
amounting to three pounds and Six shillings be allowed & paid
out of the Treasury by order of the President —
* Voted that the account of Michael M'^^Clarey Esq'' * 14-78
amounting to One pound twelve shillings & eight pence
be allowed and paid out of the Treasury by order of the Pres-
ident —
Voted that M'' White, M'' Badger M' Jer"^ Smith M"" Holmes &
M' Eames with such of the Honb' Senate as they may join be a
Committee to devise a mode for giving efficacy to that part of the
constitution which provides that permanent and Honb' Salaries be
established by Law for the Justices of the Superior Court —
Voted that M' White M"' Jer'' Smith M"' Badger [M"' Page] &
M' Abbott with such of the Honb' Senate as they may join be a
Committee to report what method shall be taken for tilling up the
vacancy in the Honb' Senate occasioned by the appointment of the
Honb' Oliver Peabody Esq' to the office of Judge of Probate —
Adjourned to Monday next at 3 o'Clock P. M.
148 NEW HAMPSHIRE EARLY STATE PAPERS. [l79I
MONDAY Jan" 10"' 1791
The House met according to adjournment
Voted that M'' White JNP Gibson & W Toppan with such of
the Honb' Senate as they may I'oin be a Committee to consider of
the Petition of Judith Meloon and report thereon —
Voted that M'' Bradley, JVP Badger, M"' Warner IVT"' Holmes &
M' Baker with such of the Honb' Senate as they may join be a
Committee to consider of the account of George Hough and of all
accounts exhibited by printers and report thereon —
Voted that M'' N Hoit M"' Whitcomb & M"' Weeks with such of
the Honb' Senate as they may join be a Committee to consider of
the account of Simeon Ladd and all Similar matters and report
thereon —
Voted that the Petition of William Duncan & Daniel Liver-
more be referred to the Committee on the Petition of Jacob Green
& Enoch Noyes and that they report thereon —
* 14-79 * Voted that M'' Kimball M'" Prescutt & W Stiles with
such of the Honb' Senate as they may join be a Com-
mittee to consider of the Petition of the Selectmen of New Gran-
tham and report thereon —
Voted that M"' Gains M'" M Smith & M'' Freeman with such of
the Honb' Senate as they may join be a Committee to consider of
the Petition of Thaddeus Bond & Relief Bond and report
thereon —
The Committee on the Petition of Esther Holland reported that
the prayer thereof be granted and that she have leave to bring in
a Bill accordingly — which report being read and considered
voted that it be received and accepted —
The Committee appointed to consider of the propriety of con-
tinuing the excise in this State and what is necessary to be done
respecting the excise Laws now in force are of Opinion that from
and after the first day of January instant all excise on Spirituous
liquors and other Articles shall cease —
That agreeably to said Laws the excise on Spirituous Liquors
from the first day of October last to the 31" of December inclusive
and one fourth part of the Excise on Carriages and other excise-
able articles be disposed of or Collected in such way and under
such regulations as the General Court may direct —
That all the Laws in this State imposing an excise on Spirituous
Liquors and other Articles be repealed —
That an Act be passed to regulate the granting of license to
I791] JOURNAL OF THE HOUSE OF REPRESENTATIVES. I49
Taverners and other keepers of public houses — which report
being read and considered voted that it be received & accepted
and that a Bill or Bills be brought in accordingly —
Resolved that the Secretary be requested to furnish this House
with an exact list of all orders drawn by the President on the
Treasurer pursuant to Acts Resolves or votes of the General
Court or Committee of Safety since the year 1775 to whom pay-
able and the sums expressed therein and their dates —
Adjourned to 9 oClock to morrow morning
TUESDAY Jan« ii'" 1791.
The House met according to adjournment
*Upon reading and considering the Petition of Abra- * 14-80
ham Burnam in behalf of the Inhabitants of Rumney
voted that the prayer thereof be granted and that he have leave
to bring in a Bill accordingly —
The Committee on the Petition from Peterborough Slip Reported
that the prayer thereof be granted and that they be Invested with
all the priviledges that other Incorporated places in this State have
and that they have leave to bring in a Bill accordingly — which
report being read and considered voted that it be received and
accepted —
Upon reading and considering the Petition of Rufus Graves in
behalf of the Students of Dartmouth College
Resolved that the President give direction to the Commissary
General of this State to deliver to the order of Rufus Graves one
hundred and thirty stands of Arms with Bayonets and one hun-
dred and thirty Cartouch Boxes & belts for the use of the Stu-
dents of Dartmouth College the President of said College giving
Bond in the Sum of three hundred pounds for the preservation of
said fire Arms &c and for their Return when called for —
Voted that the Petition of Benjamin Noyes be referred to the
Committee on the Petition of Jacob Green & Enoch Noyes and
that they report thereon —
An Act in addition to an Act intitled an Act to impower the
Inhabitants of Gilsom and Sullivan to Assess the Nonresident
owners of lands in said Towns for the repairing highways passed
June 19"' 1790 — was read a third time and passed to be Enacted —
Voted that M^ Hill M'' Abbott, AP White AP Clark and M'
Badger with such of the Honb' Senate as they may join be a
Committee to take under consideration an Act of Congress of the
4"' of August last which respects making provision for the debt of
150 NEW HAMPSHIRE EARLY STATE PAPERS. [l79I
* 14-81 the United states and assuming the debt of * Individual
States and report thereon —
Voted that M' Young M' Gains and M'' Gibson with such of
the Honb' Senate as they niay join be a Committee to consider of
the Petition of Col° Benjamin Stone and report thereon —
Voted that the Honb' Thomas Bartlett Esq"' have and receive
out of the Treasur}' Seventeen shillings for money by him paid
for the Postage of Letters directed to the Speaker of the House of
Representatives — and that the President give order accordingly —
Upon reading and considering the Petition of New, Grantham
and the report of a Committee thereon voted that the Petitioners
be heard thereon before the General Court on the Second Tues-
day of the next Session and that in the mean time the Petitioners
cause that the Substance of the Petition and order of Court
thereon be posted up in Some public place in the Towns of Cor-
nish and New Grantham six weeks prior to the sitting of said
Court that any person or persons may then appear and shew
cause why the prayer thereof may not be granted and that the
Treasurer be directed to stay his extent against the Town of New
Grantham tor their part of the proportion of the Expence of the
Representative from Cornish & New Grantham in the year 1787
until the next Session of the General Court —
The following vote came down from the Honb' Senate for Con-
currence —
In Senate Jan"' 11"' 1791 —
Voted that M' Rogers and NP Freeman with such of the Honb'
House as they may join be a Committee to consider of the expe-
diency of the Secretar}^ or Clerk continuing to take a fee of Six
shillings on ever}^ private Petition agreable to a Resolve passed
the 10''' of June 1788 — was read and concurred and M'' Abbott,
AP Warner, M'' White, M'' Badger & M'' Cilley joined —
Adjourned to 3 o"Clock P. M.
Met accordingly
Upon reading and considering the Petition of George Hull and
the report of a Committee thereon — voted that it lay for further
consideration —
• 1^-82 * Voted that AP Page, AP Temple & W Allen with such
of the Honb' Senate as the}- may join be a Committee
to consider of the Petition of the Inliabitants of the Town of
Unity and report thereon —
A vote came down from the Honb' Senate appointing a Confer-
rence with the Honb' House on the subject of filling a vacency in
1791] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 15I
the Honb' Senate (if the House see tit) as soon as may be, which
was read and concurred —
Adjourned to 9 o'Clock to morrow morning
WEDNESDAY, Jan'^ 12'" 1791 —
The House met according to adjournment
Voted that M'' Hoyt & M'' Gerrish [with such of the Honorable
Senate as the}' may join,] be added to the Committee on the Peti-
tion of Jacob Green & Enoch Noyes and that the Petition of John
Br3'ant and Richard Bartlett Esqr'* be referred to said Committee
and that they report thereon —
The Committee on the expediency of continuing to take a fee
of Six shillings on every private Petition agreable to a Resolve
passed June 10"' 1788 — Reported that it is not expedient to take
the fee mentioned in the said Resolve, and that a Resolve pass
accordingly which report being read and considered voted that it
be received & accepted
Upon reading and considering the Petition Walter Geer voted
that the prayer thereof be granted and that he have leave to bring
in a Bill accordingly —
}'oted that W Badger, M'' Hill & M"" Eastman with such of the
Honb' Senate as they may join be a Committee to consider of the
Petition of Benjamin Heath and report thereon —
Voted that W Cragin, M'^ Badger & M"' Connor with such of
the Honb' Senate as they may join be a Committee to consider of
the Petition of Joseph Dow Esq"' and others in behalf of the Town
of Hampton and report thereon —
looted that M'' Jer'' Smith, M'' Penniman & M"" Freeman
with such of the Honb' Senate as they may join be a
* Committee to consider of the Petition of Jabez Shapley * 14—83
and report thereon —
Agreably to the order of the day proceeded to a hearing on
Petitions —
Upon hearing and considering the Petition of the Inhabitants
of New London voted that the prayer thereof be granted and that
the Petitioners have leave to bring in a Bill accordingly —
Upon hearing and considering the Petition of Joseph Kimball
Esq'' voted that the prayer thereof be granted and that he have
leave to bring in a Bill accordingly —
Upon hearing and considering the Petition of Samuel Camlield
voted that the prayer thereof be granted and that he have leave
to bring in a Bill accordinglv —
Adjourned to 3 o'clock P. M. —
152 NEW HAMPSHIRE EARLY STATE PAPERS. L'^79'^
Met accordingly —
J^o/ed that M'' Bedee, M'' Rand & M'' Morse with such of the
Honb' Senate as they may join be a Committee to consider of the
Petitions of the Select men of Orange and report thereon —
Upon reading and considering further on the Petition of George
Hull and the report of a Committee thereon vo/ed that the Peti-
tioner be heard thereon before the General Court on the third
Wednesday of their next Session and that neither part}' take any
advantage of their Executions against the other in the mean time
and that M' Hutchinson Attorney to the Petitionee be served with
a Copy of the Substance of the Petition & order of Court within
two months trom this time —
An Act to enable the Select men of Packersfield in the County
of Cheshire to Assess Levy and collect a Tax on all the lands of
Nonresident proprietors in said Town of two pence ^'' Acre for the
purpose of repairing the public roads in said Packersfield — was
read a third time and passed to be Enacted —
Vo/ed that M"' Hale, M'' Badger & M"' N Hoit with such of the
Honb' Senate as they may join be a Committee to consider of the
Petition of Richard Sinkler Jun'' & report thereon —
* 14-84 * An Act to impower the Inhabitants of New Chester and
Bridgewater in the County of Grafton to levy a Tax on
all land public rights excepted in said Towns for making and
repairing highways was read a third time and passed to be Enacted
Voted that M'' Eames, M'' Tarlton & M'' Lane with such of the
Honb' Senate as they may join be a Committee to take under con-
sideration an Act for taxing Land in the Towns of Littleton and
Dalton & report thereon
Vo/cd that M"' Toppan, M' Barrett & M' Plummer with such
of the Honb' Senate as they may join be a Committee to consider
of the Petition of John Wendall Esq" and report thereon —
J^oied that M"- Hale M' Prescutt M' Hill. M'^ Plummer & M''
Holmes with such of the Honb' Senate as the}' may join be a
Committee to consider of the Petition of Maj"' Bradbury Cilley
and report thereon —
Voh-d that M' Aaron Hutchinson be added to the Committee
on revising and arranging the Laws and that he be requested to
assist said Committee during the Session of this Court or so long
as may be necessary —
Adjourned to 9 o'Clock tomorrow morning
1791] JOURNAL OF Tl
E HOUSE OF REPRESENTATIVES.
153
THURSDAY Jan-' 13"' 1791.
The House met according to adjournment
The Committee to consider of the method to till a vacancy in
the Honb' Senate &c — Reported that the Members of the Senate
and House of Representatives in one Room by joint Ballot elect
one person from the two candidates for Senators in the County of
Rockingham who at the last Election had the highest number
of votes to serve as Senator until the first Wednesday of June
next in the room and stead of the Honb' Oliver Peabody Esq''
whose seat at the Senate Board hath become vacant by his accept-
ing the Office of Judge of Probate —
The Committee further report as their Opinion that the * 14-85
Honb' John Pickering and Christopher Toppan Esquires
by Constitution are the two Candidates — which report being
read considered motion was made to receive and accept the Same,
on which motion the 3'eas and navs were called & are as follows
(viz)
Yeas.
Yeas.
Yeas.
Yeas.
M' Gains
Mr CiUey
Mr McMillan
Mr Stone
M'- Sherburne
Mr M'-'Clarey
Mr Parker
Mr Baker
M^ Wentvvorth
Mr Clough
Mr Barrett
Mr Burnam
Mr Connor
M«- Chamberlain
Mr Clark
Mr Crawford
Mr Macgregore
Mr Bradley
Mr Cragin
Mr Hoit
Mr Weeks
Mr Gibson
Mr Flanders
Mr Freeman
Mr White
Mr Badger
Mr Prescutt
Mr Payne
Mr Eastman
Mr Giles
Mr Grout
Mr Eames
Mr Plummer
Mr Bedee
Mr Holmes
Mr Abbott
Mr Hill
Mr N Hoit
Mr Morse
Nays.
Nays.
Nays.
Nays.
Mr Blanchard
Mr Warner
Mr Stiles
Mr Wellman
Mr Brown
Mr Jere Smith
Mr Whitcomb
Mr Lane
Mr Bartlett
Mr Wallace
Mr Ale.xander
Mr Penniman
Mr Jo« Smith
Mr Fifield
Mr Temple
Mr Kimball
Mr Kellie
Mr Gerrish
Mr M Smith
Mr Tarlton
Mr Palmer
Mr Page
Mr Rand
Mr Dame
Mr Hale
Mr Shepherd
Mr Allen
Mr Young
Mr Taylor
39 Yeas — 29 Nays — So it was received & accepted —
Voted that the hearing on the Petition of the Select men of
Thornton which was to have been this day before the General
Court be postponed to the second Thursday of the next Session
of which all persons concerned are to take notice and govern
themselves accordinglv —
154 NEW HAMPSHIRE EARLY STATE PAPERS. [^79^
The Committee on Col" Clapp's Estimate. Reported that the
Sum of Eleven pounds two shillings in full for rations due Cap'
Titus Salter and Company to the first day of January 1790 and
twenty two pounds eight shillings & two pence in full from that
time to the 11'" of March last be paid out of the Treasury to Sup-
ply Clap Esq"" Commissary General to be by him paid agreable
to his estimate and that the President be "desired to give order
accordingly, which report being read and considered, voted that
it be received & Accepted —
* 14—86 *Upon reading and considering the Petition of Richard
Sinkler Jun'' and the report of a Committee thereon
voted that the Petitioner be heard thereon before the General
Court on Thursday the twentj' Seventh day of January current
and that the Petitioner serve the Honb' John Sullivan Esq'' with
a Copy of the Petition & order of Court thereon ten days prior to
said day of hearing that he may then appear and Shew cause (if
any he hath) why the prayer thereof may not be granted —
The Committee on the Petition of Judith Meloon reported that
the pra3er of the Petition be so far granted that she have the
same power to settle the Estate as she would have had, had she
remained a Widow, and that she have leave to bring in a Bill
accordingly — which report being read and considered voted that
it be received and accepted —
Voted that M"' Plummer, M'' Page, M'' Bedee, M'' Barrett & M""
Baker with such of the Honb' Senate as they may join be a Com-
mittee to consider of the matters contained in a Letter from Joseph
Whipple Esq' and report thereon
Adjourned to 3 o'Clock P. M.
Met accordingly
Agreably to the order of the day proceeded to a hearing on
Petitions but came to no determination before adjournment —
Voted that the remainder of the hearings which were to have
been this day before the General Court be postponed until to mor-
row of which all persons concerned are to take notice and govern
themselves accordingly
Adjourned to 9 o'Clock tomorrow morning
FRIDAY Jan"^ 14'" 1 791.
The House met according to adjournment
Voted that M'' Freeman, M'' Stiles & M''Holmes with such of
the Honb' Senate as they may join be a Committee to consider of
I791] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 155
the Petition of Isaac Cliftbrd and Asahel Brainard and report
thereon —
* Voted that M"' White, M'' Gains, & AF Emerson with * 14-87
such of the Honb' Senate as they may join be a Com-
mittee to consider of the Petition of Joseph Hussey and report
thereon —
Upon reading and considering the Petition of Walter Geer
voted that the prayer thereof be granted and that he have leave
to bring in a Bill accordingl}^ —
f o/rrfThat M'' Payne & M'' Plummer with such of the Honb'
Senate as they maj^ join be added to the Committee on the mode
of hearing and determining Petitions — .
Upon reading and considering the Petition of Col" Benjamin
Stone and the report of a Committee thereon voted that the Pe-
titioner be heard thereon before the General Court on the Second
Tuesday of the next session and that in the mean time the Pe-
titioner cause that John White of Haverhill Merchant be served
with a Copy of the Pedtion and order of Court thereon Six weeks
prior to said da}' of hearing that he may then appear and shew
cause why the pra3'er thereof may not be granted —
The Committee on the Petition of Susanna Johnson & Sj^vanus
Johnson Reported that the prayer thereof ought not to be granted
and that the Petitioners have leave to withdraw the Petition which
report was read and considered received and Accepted —
The Committee on the Petition of Joseph Hussey reported that
he have leave to withdraw his Petition which report was read and
considered received and Accepted —
Upon reading and considering the Petition of the Inhabitants
of Campbells Gore and the report of a Committee thereon voted
that the Petitioners be heard thereon before the General Court on
the Second Tuesday of the next Session and that in the mean
time the Petitioners cause that the Select men of Hillsborough &
the Select men of Stoddard & Washington be Served with a Copy
of the Substance of the Petition and order of Court thereon that
they may then appear and shew cause why the prayer thereof
may not be granted —
The Committee on the Petition of Thaddeus Bond and
* Relief Bond reported that the Petitioners have leave * 14-88
to withdraw their Petition — which report was read and
considered received and accepted —
Resumed the consideration of the Petitions which were heard
the last evening —
^56
NEW HAMPSHIRE EARLY STATE PAPERS.
[179I
Upon hearing and considering the Petition of the Inhabitants of
Wolfborough vo/ed that the prayer thereof be granted and that
they have leave to bring in a Bill accordingl)' —
Upon hearing and considering the Petition of the Inhabitants
of Wendall Lempster Unity Fishersfield and Newport, motion
was made that the prayer thereof be granted on which motion the
yeas and Nays were called and are as follows (viz)
Yeas.
Yeas.
Yeas.
Yeas.
Mr Gains
Mr Palmer
Mr Stiles
Mr Penniman
M"- Sherburne
Mr Giles
Mr Whitcomb
Mr Morse
M"- Wentworth
Mr Dole
Mr Prescutt
Mr Duncan
W Blanchard
Mr Warner
Mr Temple
Mr Burnam
M-- Weeks
Mr Parker ■
Mr M Smith
Mr Crawford
M" Eastman
Mr Abbott
Mr Rand
Mr E Hoit
M>- Cilley
Mr Fifield
Mr Allen
Mr Payne
M"- Clough
Mr Gerrish
Mr Lane
Mr Young
M"- Bartlett
Mr Shepherd
Mr Holmes
Mr Eames
M-- Gibson
Nays.
Nays.
Nays.
Nays.
W Connor
Mr Bradley
Mr Emerson
Mr Wellman
M' Macgregore
Mr Jos Smith
Mr Barrett
Mr Grout
M"" Brown
Mr Kellie
Mr Clark
Mr Stone
Mr White
Mr Hale
Mr Cragin
Mr Kimball
Mr Plummer
Mr Badger
Mr Flanders
Mr Baker
Mr Hill
Mr Bedee
Mr Page
iMr Freeman
Mr MfClarey
Mr N Hoit
Mr Ale.xander
Mr Dame
Mr Chamberlain
Mr Taylor
37 Yeas — 30 Nays — so the prayer of said Petition was granted
and the Petitioners hath leave to bring in a Bill accordingly —
Adjourned to 3 oClock P M.
Met accordingly —
Voted that the hearing on the Petition from the Town of Cov-
entry which was to have been this day before the General Court
be postponed until the third Wednesday of next Session
* 14-89 of which all persons concerned are to take * notice and
govern themselves according!}^ —
Agreably to the order of the day proceeded to a hearing on
Petitions —
Upon hearing and considering the Petition of William Bur-
roughs Jun"' voted that the prayer thereof be granted and that the
Petitioner have leave to bring in a Bill accordingly
Upon hearing and considering the Petition of Elisabeth M'^Clarey
voted that the prayer thereof be granted and that the Petitioner
have leave to bring in a Bill accordingly —
I791] JOURNAL OF THE HOUSE OF REPRESENTATIVES. I57
Voted that the determination on the Petition of the Select men
of Concord be postponed until to morrow —
Voted that the hearings on the Petition of Gideon Tiftany and
of the Select men of Lyman which were to have been this day
before the General Court be postponed until Tuesda}' next of which
all persons concerned are to take notice and govern themselves
accordingly —
The Honb' Senate and House being met in the Assembly room
proceeded by joint ballot to elect one of the two candidates named
in the vote of Yesterday for filling a vacancy in the Senate and they
made choice of the Honb' Christopher Toppan Esq'' for that
purpose —
Upon hearing and considering the Petition of the Inhabitants of
Alexandria — voted that the prayer thereof be so far granted as that
the\' have leave to bring in a Bill for assessing and collecting a
tax of one penny on each acre of Nonresident Lands for two
years and that the Act now in force for raising a Tax on unim-
proved lands in said Town be repealed —
Adjourned to 9 o'Clock to morrow morning
SATURDAY Jan'' 15"^ 1791.
The House met according to adjournment
Voted that M'' Badger, M' Warner, M' Page M' Plumer & M''
Abbott with such of the Honb' Senate as the}' may join be a Com-
mittee to consider of the Petition of the Trustees of Atkinson
Academ}' and report thereon —
Uo/^-/ that M'' Cilley, M' Kellie and M" Young with such of
the Honb' Senate as the\' may join be a Committee
* to consider of the Petition of Love Runnels and report * 14-90
thereon —
Voted that the Petition of Joshua Bayley Esq'' and others be
referred to the Committee on the Petition of the Trustees of
iVtkinson Academy and that they report thereon —
Voted that M'' Connor, M' White & M"' M^Clarey with such of
the Honb' Senate as they may join be a Committee to consider of
the Petition of Ebenezer Brown and others also the Petition of
Josiah Willard & others and report thereon —
Voted that the Petition of the Trustees of New Ipswich Acad-
emy be referred to the Committee on the Petition of the Trustees
of Atkinson Academ}' and that thej- report thereon —
Voted that M"' Gains, M' Badger & IVP Dole M'' Holmes and
158 NEW HAMPSHIRE EARLY STATE PAPERS. [^VP^
M"' Baker with such of the Honb' Senate as they may join be a
Committee to consider of an Abstract from pay Rolls &c made
out and reported by the Committee who settled the Accounts
between this state and the Treasurer thereof and report thereon —
The Committee on the matters contained in a Letter from Joseph
Whipple Esq"' reported that the said Joseph Whipple have tor his
Services as impost Officer one hundred and thirty five pounds l^"
Annum and that he settle his account with the Treasurer accord-
ingly which report being read and considered voted that it be
received & accepted —
Adjourned to Mondaj' next at 3 o'Clock P. M
MONDAY Jank 17, 1791.
The House met according to adjournment
Voted that the report of Docf Samuel Tinne}^ [Tenney] and
Docf William Parker a Committee to examine Invalids be
referred to the Committee on Arrears due to Invalids and that they
report thereon —
* 14-91 * Voted that M'' White, M'' Temple and M'' Kellie with
such of the Honb' Senate as they may join be a Com-
mittee to consider of the Petition of Samuel Randall <& report
thereon —
Voted that the Petition of the Inhabitants of the Town of
Charlestown be referred to the Committee on the Petition of the
Trustees of Atkinson Academy and that they report thereon —
Voted that the President be desired to receive from Benjamin
Hanneford an order for Seven pounds drawn on the Specie Tax
Dated Jan'' 19*'' 1790 and destroy the Same and deliver to said
Hanneford an order for the like sum payable from the Revenue
arising from excise —
Voted that M'' Barrett, M' N Hoit and M"' White with such of
the Honb' Senate as they may join be a Committee to consider of
the Petition of Thomas Simpson and report thereon —
The Committee on the Petition and Memorial of the Selectmen
of Orange reported that the prayers thereof be granted and that
they have leave to bring in a Bill or Bills accordingl}' which
report being read and considered voted that it be received and
accepted —
Voted that M'' Bartlett, M'' Holmes & M'' Whitcomb with such
of the Honb' Senate as they may join be a Committee to consider
of the Petition of Nathanael Doyne and report thereon —
1791] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 159
looted that AP Toppan, M'' Badger, M"' Abbott, M'' Page & M''
Crawford [Prescott] with such of the Honb' Senate as they may
join be a Committee to consider what method shall be taken for
collecting the Excise on Exciseable Articles from the first of Octo-
ber last to the first of January Instant
Adjourned to 9 o'Clock to morrow morning
TUESDAY Jan« 18'" 1791 —
The House met according to adjournment
Voted that the Petition of the Trustees of Chesterfield Academy
be referred to the Committee on the Petition of the Trustees of
Atkinson Academy & that they report thereon
* Voted that M"' Penniman, M' Parker & M"' Weeks * 14-92
with such of the Honb' Senate as they may join be a
Committee to consider of the Petition of David Perkins and others
Inhabitants of Campbells Gore and report thereon —
Upon reading and considering the Petition of the Select men of
Rumney voted that the Petitioners be heard thereon before the
General Court on the Second Friday of their next Session and that
in the mean time the Petitioners cause that the Substance of the
Petition and order of Court thereon be published three weeks Suc-
cessively in one of the New Hampshire News papers prior to the
sitting of said Court that any person or persons may then appear
and Shew cause why the prayer thereof may not be granted —
]^otcd that M"' Eames IVP N Hoit & M"' Penniman with such of
the Honb' Senate as they may join be Committee to consider of
the Petition of Lemuel Parker and report thereon —
Voted that the Petition of Phillip Goss [jr.] be referred to the
Committee on the Petition of Ebenezer Brown and others and
of Josiah Willard & others and that they report thereon —
Upon reading and considering the Petition of John Pierce Esq''
in behalf of John Fisher Esq'' voted that the prayer thereof be
granted and that he have leave to bring in a Bill accordingly —
The Committee on the Petition of Isaac Cliftbrd and Asahel
Brainard reported that the said Asahel Brainard have the Sum of
fifteen pounds in full for principal Interest and cost and that the
said Isaac Clifford have the Sum of four pounds in full for prin-
ciple & Interest which report being read and considered voted
that it be received and accepted and that the President give orders
on the Treasurer for payment of the above Sums —
* Adjourned to 3 o'Clock P. M. — * 14-93
l6o xNEW HAMPSHIRE EARLY STATE PAPERS. [^791
Met accordingly —
Voted that AP Gains, W White & M"' Badger with such of the
Honb' Senate as they may join be a Committee to consider of the
Petition of David Webster Esq"' and report thereon —
Voted that the hearing on the Petition of Gideon Tiffany which
was to have been betbre the General Court at this Session be post-
poned until the Second Tuesday of their next Session and that in
the mean time the Petitioner cause that Alexander Phelps or his
Attorney be served with a Copy of said Petition and order of
Court thereon three weeks prior to the sitting of said Court that
he may then appear and shew cause why the prayer thereof may
not be granted —
]'oled that the hearing on the Petition of the Select men Lj'-
man which was to have been this day before the General Court
be postponed until Friday the 21*' of January current of which all
persons concerned are to take notice and govern themselves
accordingly —
Upon reading and considering the Petition of Jabez Shapley
and the report of a Committee thereon voted that the Petitioner
be heard thereon before the General Court on the Second Tuesdaj'
of the next Session and that in the mean time the Petitioner cause
Thomas Kimball the Petitionee be served with a Copy of the
Petition and order of Court thereon Six weeks prior to the sitting
of said Court that he ma}' then appear and Shew cause if any
he hath why the prayer thereof ma}' not be granted — and that
all proceedings in consequence of a Judgment mentioned in said
Petition be staj-ed until the determination of the General Court
The Honb' Christopher Toppan Esq'' having declined accepting
his appointment as Senator — The Honb' Senate and House being
met in the Assembly Chamber proceed by joint ballot to elect
another person to fill up the vacancy (after being informed that
the Honb' John Pickering and the Honb' John Bell Esqr'
* 14-94 were the two persons who had the * highest number of
votes who have not been elected) and they made choice
of the Honb' John Bell Esq-- —
Voted that the hearing on the Petition of Stephen Herriman
Esq"- and others which was to have been this day before the Gen-
eral Court be postponed until the second Tuesday of the next
session of which all persons concerned are to take notice and
govern themselves accordingly —
looted that the hearing on the Petition of the select men of
Wendall whicli was to have been this day before the General
I79IJ JOURNAL OF THK HOUSE OF REPRESENTATIVES. 161
Court be postponed until friday next of which all persons con-
cerned are to take notice and govern themselves accordingly —
I'otcd that the hearing on the Petition of the proprietors of
Eaton and Burton which was to have been this day before the
General Court be postponed to the second Tuesday of the next
Session and that in the mean time the Petitioners cause that the
Substance of the Petition & order of Court thereon be published
in the Exeter News paper three weeks Successively Six weeks
prior to the sitting of said Court that any person or persons may
then appear and shew cause if any they have why the prayer
thereof may not be granted —
Voted that the remainder of the hearings which were to have
been this day before the General Court be postponed until to mor-
row of which all persons concerned are to take notice and govern
themselves accordingly —
Upon reading and considering the Petition of the Inhabitants of
Sandwich — voted that the prayer thereof be granted and that
the Petitioners have leave to bring in a Bill accordingly —
Adjourned to 9 o'Clock to morrow morning
WEDNESDAY Jan'' 19"' 1791.
The House met according to adjournment
An Act to alter the time of holding the Annual meet-
ing *in the Town of Rindge was read a third time and * 14-95
passed to be Enacted —
Upon reading and considering the Petition of Mary Pringell
voted that the prayer thereof be granted and that she have leave
to bring in a Bill accordingly —
The Committee on the Petition of John Goddard & others re-
ported that the prayer thereof be granted and that the Petitioners
have leave to bring in a Bill accordingly — which report being
read and considered voted that it be received & accepted —
]'oted that M'' Gains, M' Hoit, IVP Taylor, M'' Page & AP Free-
man with such of the Honb' Senate as they may join be a Com-
mittee to take under consideration an Act of Congress providing
for the Settlement of the Accounts between the United states and
Individual States and point out some mode to collect all claims in
this state for services accrued or losses Sustained during the late
war that are proper charges against the united states and that have
not heretofore been received and passed upon by this state or some
commissioner of the United states that said Accounts may be laid
before Congress and that they report thereon —
NEW HAMPSHIRE EARLY STATE PAPERS.
[17c
An Act to enable John F
certain Lands in Lyman
third time and motion was
which motion the yeas and
isher Esquire to take hold and convey
in the County of Grafton was read a
made that it pass to be Enacted — on
navs were called and are as follows —
Yeas.
Yeas.
Yeas.
Yeas.
Mr Gains
Mr Clough
.Mr Page
Mr Stone
M' Sherburne
Mr Bartlett
.Mr Shepherd
Mr Duncan
M"- Wentworth
Mr Palmer
Mr Prescutt
Mr Burnam
Mr Connor
Mr Badger
.Mr Ale.\ander
Mr Crawford
Mr Macgregore
Mr .M<-Mman
Mr Rand
Mr E Hoit
Mr Weeks
Mr Dole
Mr Lane
Mr Payne
Mr Brown
Mr Parker
.Mr Grout
Jilr Tarlton
Mr Plummer
Mr Barrett
.Mr Holmes
Mr Dame
Mr Hill
Mr Gcrrish
Mr .Morse
Mr Eames
Mr M^-Clarey
Nays.
Nays.
Nays.
Nays.
.Mr Blanchard
MrN Hoit
.Mr Wellman
Mr Baker
Mr Bradley
Mr Allen
Mr Penniman
.Mr Young
Mr Bedee
37 Yeas — 9 Nays — So it passed to be Enacted —
* 14-96 *The Committee on the Petition of Samuel Randall re-
ported that the prayer thereof be granted and that the
Petitioner have leave to bring in a Bill accordingly which report
being read and considered volcd that it be received and ac-
cepted —
Adjourned to 3 oClock P. M.
Met accordingly
The Committee on the Petition of Lemuel Parker reported that
the praj'er thereof be granted and that the Petitioner have leave
to bring in a Bill accordingly — which report being read and con-
sidered voted that it be received and accepted —
Upon reading and considering the Petition of Thomas Simpson
and the report of a Committee thereon volcd that the Petitioner be
heard thereon before the General Court on the Second Tuesday
of their ne.xt session and that in the mean time the Petitioner
cause that the Petitionees nained in said Petition be served with a
Copy of this Petition and order of Court thereon two months pre-
vious to the sitting of said Court that thev may then appear and
shew cause (if any they have why the prayer thereof may not be
granted —
Agreably to the order of the day proceeded to a hearing on
Petitions —
Upon hearing and considering the Petition of Thomas Cochran
1791] JOURNAL OF THE HOUSE OF REPRESENTATIVES.
163
Jun'' voted that the prayer thereof be granted and that he have
leave to bring in a Bill accordingly — Sent up by M'' Temple
Upon hearing and considering the Petition of Jonathan Blake
Esq'' t'oted that the pra3''er for being restored to his Law be
granted, and that the review be brought in the County of Grafton
the parties having agreed thereto and that a Bill be brought in
accordingly — Sent up bj- M'' Blanchard
Voted that the remainder of the hearings which were to have
been this day before the General Court be postponed
* until to morrow of which all persons concerned are to * 14-97
take notice and govern themselves accordingly —
Sent up by M'' Temple
Adjourned to 9 o"Clock to morrow morning
THURSDAY Jan^
[791.
The House met according to adjournment
Upon reading and considering the Petition of David Webster
Esq'' and the report of a Committee thereon voted that the Peti-
tioner be heard thereon before the General Court on the third
Wednesda}' of the Next Session and that in the mean time the
Petitioner cause that William Simpson Esq'' the Petitionee be
served with a Copy of the Petition and order of Court thereon Six-
weeks prior to the sitting of said Court that he may then appear
and shew cause why the prayer thereof ma}' not be granted —
Sent up by M'' Grout
On granting the day of hearing above mentioned the yeas and
navs were called and are as follows —
Yeas.
Yeas.
Yeas.
Yeas.
Mr Gains
Mr Bradlev
Mr Warner
Mr Holmes
iM'- Blanchard
.Mr Bartlet't
.Mr Parker
Mr Stone
Mr Toppan
Mr -Smith
Mr Clark
Mr Duncan
Mr Krown
Mr Pahner
Mr Cragin
Mr Baker
Mr White
Mr Badger
Mr Fifield
Mr Burnam
Mr Eastman
Mr Giles
Mr Shepherd
Mr Crawford
Mr Pkimmer
Mr Bedee
Mr Stiles
Mr Hoit
Mr Cillev
Mr N Hoit
Mr Smith
iVIr Freeman
Mr M<-Ciarey
Mr M'-Millan
Mr WeUinan
Mr Young
Mr Clough
Mr Taylor
Mr Lane
Mr Eames
Mr Chamberlain
Mr Emerson
Mr Grout
Nays.
Nays.
Nays.
Nays.
Mr Macgres;ore
Mr Abbott
Mr Prescutt
Mr Allen
Mr Weeks"
Mr Gen-ish
Mr Ale.xander
Mr Penniman
Mr Kellie
Mr Page
Mr Temple
Mr Morse
Mr Barrett
Mr Whitcomb
Mr Rand
Mr Dame
164
NEW HAMPSHIRE EARLY STATE PAPEF
[179I
43 Yeas — 16 nays So it was granted —
Upon hearing and considering the Petition of the Inhabitants of
the Northwest part of L3'ndborough and the Report of a Com-
mittee thereon appointed at the last Session to view the Situation
of the Petitioners, voted tliat the prayer of the Petition be so far
granted as that the PetiUoners be Incorporated into a
* 14-98 Town agreably to the report of said * Committee and
that the Petidoners have leave to bring in a Bill accord-
ingly, On which vote the yeas & nays were called and are as
follows —
Yeas.
Yeas.
Yeas.
Yeas.
Mr Gains
Mr Giles
Mr Flanders
Mr Duncan
M-- Wentworth
Mr Hoit
.Mr Shepherd
Mr Burnam
Mr Blanchard
Mr M^-.Millan
Mr Prescutt
Mr Crawford
Mr Eastman
.Mr Emerson
Mr Temple
Mr Payne
M' Cilley
Mr Parker
Mr Allen
Mr Tarlton
Mr Clough
Mr Barrett
.Mr Holmes
.Mr Dame
M' Bradley
Mr Abbott
.Mr Penniman
Mr Young
Mf Bartlett
Mr Cragin
Mr Morse
.Mr Eames
Mr Kellie
Mr Fifield
Mr Kimball
Nays.
Nays.
Nays.
Nays.
M>- Connor
Mr M<^^Clarev
Mr Warner
Mr Wellman
Mr Macgregore
Mr Chamberlain
Mr Gerrish
Mr Lane
Mr Weeks
Mr Gibson
Mr Page
Mr Grout
Mr Toppan
.Mr Palmer
.Mr Stiles
Mr Stone
Mr Brown
Mr Badger
.Mr Whitcomb
Mr Baker
Mr White
Mr Bedee
Mr Alexander
Mr E Hoit
Mr Plummer
.Mr Tavlor
Mr M Smith
.Mr Freeman
Mr Hill
Mr Dole
Mr Rand
35 Yeas — 31 Nays — so it passed in the Affirmative
Sent up by M'' Grout
Whereas it hath been made to appear ihat the personal attend-
ance of Jonathan Fogg is necessary as a Witness on the hearing
of the Petition of Maj'' William Boynton to be had tliis day before
the General Court and that the said Jonathan Fogg is liable to be
arrested by civil process —
Therefore voted that the said Jonathan during the time of his
coming to attendance at and returning from this Court on the said
hearing be exempt from all civil process against his body and all
Executive officers are to take notice thereof and govern them-
selves accordingly —
Voted that M'"Dow, M"' Plummer, M'' Payne, M"' Abbott and
IVP White with such of the Honb' Senate as they may join be a
Committee to take into consideration the present judiciary Sys-
I791] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 165
tern and report such alterations therein as they may think neces-
sary or propose such new mode for the administration of Justice
as may to them appear expedient —
Sent up by M" Burnam
* Voted that the excise on exciseable articles from the * 14-99
I*' of October last to the first of January instant be col-
lected in the Same manner as it has been heretofore collected but
that no person be liable to a fine for selling without licence pro-
vided he or they will render an Account on Oath of the Qiiantity
sold within said term agreably to the Laws now existing —
Adjourned to 3 "Clock P. M —
Met accordingly
An Act to authorize the Selectmen and Constable of the Town
of Orange for the year one thousand Seven hundred & ninety to
Assess and Collect the State and County Taxes Assessed against
said Town for the years Seventeen hundred and eighty eight and
Seventeen hundred and eighty nine and granting them a time to
Assess and Collect the Same, was read a third time and passed to
be Enacted —
An Act establishing to Samuel Camfield his title to a certain
piece of Land — was read a third time and passed to be Enacted —
J^o/ed that the hearing on the Petition of Jacob Hurd (praying
for the priviledge of a ferry) which was to have been this Session
of the General Court be postponed to the third Wednesday of the
next session, and that the Petition of the Select men of Lyman
praying for the Same priviledge be taken under consideration at
the same time
J'o/ed that M' Cilley, M'" Allen & M-- Kellie with such of the
Honb' Senate as they may join be a Committee to consider of the
Account of Ezekiel Dow and report thereon —
Upon reading and considering the Petition of Abiel Heywood —
vofcd that the Petitioner be heard thereon before the General
Court on the third Wednesday of their next Session and that in
the mean time the Petitioner cause that the Substance of the Peti-
tion and order of Court thereon be published three weeks Succes-
sively in one of the New Hampshire News papers also posted up
in some public place in the Town of New Ipswich Six weeks Suc-
cessively prior to the Sitting of said Court that any
person or persons may *then appear and Shew cause * 14-100
(if any they have) why the prayer thereof may not be
granted — Sent up b}- M"' Emerson
]'o/cd diat M' Freeman, M' INIacgregore M'" Whitcomb M''
l66 NEW HAMPSHIRE EARLY STATE PAPERS. [^791
Smith & M'' Chamberlain with such of the Honb' Senate as they
ma}' join be a Committee to consider of the Petition of Samuel
Dana and Stephen Dole Esquires and report thereon —
Sent up b}^ M'' Emerson
Whereas the Inferior Court of Common pleas by Law to be
holden at Portsmouth in the Count}- of Rockingham on the first
Tuesday of February next will probably happen at the time of
this Court's Sitting many members of which, and other persons
obliged to attend here have business at said Court of Common
pleas —
Therefore Resolved that the said Inferior Court of Common
pleas by Law to be holden at said Portsmouth on the first Tues-
day of February next be and hereb}' is adjourned to the fourth
Tuesday of Februar}- next then to be holden at Portsmouth and
all Suits and pleas now pending at said Court and all writs and
processes returnable to said Court of Common pleas to be held
as aforesaid shall be returned to and Sustained at said Court to
be holden on the fourth Tuesday of February next and that all
persons concerned are to take notice & govern themselves accord-
ingly — Sent up by M'' Bradley
Upon reading and considering the Petition of Jonathan Hoyt
voted that the Petitioner be heard thereon before the General
Court on the third Wednesday of the next Session and that in the
mean time the Petitioner cause that the substance of the Petition
and order of Court thereon be published three weeks Successively
in the Concord herald also posted up in some public place in the
Town of Orange three weeks Successivel}- Six weeks
* 14-101 prior * to the sitting of said Court that any person or
persons may then appear and Shew cause why the prayer
thereof may not be granted and that all processes against the said
Hoyt be stayed until the decision of the General Court —
Sent up by M"' Bradle\'
Voted that AP Holmes, M' Allen and iM'' Wellm'an with such of
the Honb' Senate as they ma}- join be a Committee to consider of
the Petidon of William Loudon & report thereon —
Sent up by M'' Penniman
Agreably to the order of the day proceeded to a hearing on
Petitions but came to no determination before adjournment
Voted that the remainder of the hearings which were to have
been this day before the General Court be postponed until to mor-
row of which all persons concerned are to take notice and govern
themselves accordingly — Sent up by M' Bradley
Adjourned to 9 o'Clock to morrow morning
I791] JOURNAL OF THE HOUSE OF REPRESENTATIVES.
167
FRIDAY Jank 2V' 1791.
[Resumed the consideration and determination on the petitions
which were heard the last evening.]
[The House met according to adjournment.
Upon hearing and considering the Petition of Hanson Hight
vo/ed that the Petition be dismissed — ]
Upon hearing and considering the Petition of Maj"' WilHam
Boj'nton. motion was made that tlie prayer of said Petition be
granted, on which motion the yeas and nays were called and are
as follows —
M'' Wentworth
Mr Taylor
Mr Temple
Mr Kimball
M'- Cillev
.Mr Dole
Mr M Smith
Mr B.aker
Mr M^'Ciarev
Mr Barrett
Mr Rand
Mr Burnam
M'- Clough
Mr Clark
Mr Allen
Mr Crawford
Mr Chamberlain
Mr Craa;in
Mr Wellman
Mr Payne
M'- Bradley
.Mr Fifield
.Mr Lane
.Mr Tarlton
Ml- Bartlett
Mr Gerrish
Mr Holmes
Mr Dame
AK Gibson
Mr Prescutt
Mr Stone
Mr Young
Mr Palmer
Mr Ale.xander
•Nays.
Nays.
Nays.
Nays. * 14
Mr Gains
.Mr White
Mr Giles
Mr Stiles
Mr Connor
.Mr Eastman
Mr Bedee
.Mr Whitcomb
Mr Blanchard
Mr Hill
Mr N Hoit
Mr Grout
Mr Weeks
Mr Jos Smith
Mr McMillan
Mr Penniman
.Mr Brown
Mr Kellie
Mr Shepherd
Mr Morse
34 Yeas — 20 Nays — so the praj'er thereof was granted and
the Petitioner hath leave to bring in a Bill accordingly —
Sent up by M'' Warner
Voted that M'' Gaines, M'' Warner and M"' Clough with such of
the Honb' Senate as they may join be a Committee to take under
consideration the Several matters contained in the letters from Col"
Clapp to his Excellency the President and report thereon —
Sent up b}' M'' Warner
Upon reading and considering the Petition of the Inhabitants of
Unity and the report of a Committee thereon voted that the Peti-
tioners be heard thereon before the General Court on the third
Tuesday [Thursday] of their ne.xt session and that in the mean
dme the Petitioners cause that the substance of the Petition and
order of Court thereon be posted up in some public place in the
Town of Unity three weeks Successively Six weeks prior to the
l68 NEW HAMPSHIRE EARLY STATE PAPERS. [179^
said da}' of hearing that any person or persons ma}' then appear
and shew cause wh}- the prayer thereof may not be granted —
Sent up by AP Brown
Voted that M"' Barrett M'' Hoit and M' Macgregore with such
of the Honb' Senate as they may join be a Committee to consider
of the Petition of Mar}- Neal and John Neal and report thereon —
Sent up by M' Brown
Voted that the Account of George Osborne be referred to the
Committee on the account of George Hough and that the}' report
thereon — Sent up by IVP Alexander
Voted that AP Macgregore, IM"' Gibson & AP Abbott with such
of the Honb' Senate as they may join be a Committee to consider
of the Petition of John Orr Esq'' & report thereon
Sent up by M' Alexander —
* 14-103 * Voted that M'' Page M'' Crawford & AP Bartlett with
such of the Honb' Senate as they may join be a Com-
mittee to consider of the Petition of Docf Nathan Smith and report
thereon — Sent up by jNP' Kimball
An Act to incorporate a tract of Land lying south of Peter-
borough in the County of Hillsborough was read a third time and
passed to be Enacted — Sent up by M"' Young & M" Emerson
The Committee on the Petition of Love Runnels reported that
the prayer of said Petition be granted and that she have leave to
bring in a Bill accordingly which report being read and consid-
ered voted that it be received and accepted —
Sent up by M'' Burnam
An Act to restore Elisabeth M'Clarey to her Law — was read a
third time and passed to be Enacted —
Sent up by M'' Ciough & AP Flanders —
An Act to enable the Select men of New London in the County
of Hillsborough to assess Levy and collect a Tax on all the Lands
of Nonresident proprietors in said Town of three pence "^^ acre
for the purpose of repairing the public roads in said New London,
was read a third time and passed to be Enacted —
Sent up by M'' Ciough & AP Flanders
An Act to impower the Select men of Orange to Assess a Tax of
a half penny upon an Acre Annually for the term of three years
upon all the unimproved lands in said Town for the purpose of
making and repairing highways in said Town — was read a third
time and passed to be Enacted —
Sent up by M' Ciough & M"' Flanders
1791] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 169
An Act to enable Supply- Clap Esq'' Joseph Champne)' merchant
and Jane Boj-d widow all of Portsmouth in the Count}' of Rock-
ingham Executors of the last will and Testament of George Boyd
late of Portsmouth Esq'^ deceased to sell & convey to Nathanael
Healy of Hampton Falls in said County trader certain parcels of
Land set ofF to said Executors by Executions on a Judg-
ment recovered by said Executors against * the Execu- * 14-104
tors of Meshech Weare Esq'' deceased — was read a
third time and passed to be Enacted —
Sent up by M^ Smith & M'' Dame
An Act to vest the Exclusive priviledge of keeping a ferry over
a certain part of Connecticut river in Joseph Tilden of Lebanon
his heirs and assigns, was read a third time and passed to be
Enacted — Sent up by M'' Smith & M'' Dame
Adjourned to 3 o'Clock P. M —
met accordingly
The Committee on the Petition of David Perkins & others In-
habitants of Campbells Gore reported that the prayer thereof be
granted and that the Petitioners have leave to bring in a Bill or
resolve accordingly, which report being read and considered voicd
that it be received and accepted — Sent up by M"' Dame
Upon reading and considering the Petition of the Inhabitants
of Orford voted that the Petitioners be heard thereon before the
General Court on the third Wednesday of their next session and
that in the mean time the Petitioners cause that the Substance of
the Petition and order of Court thereon be published three weeks
Successively in [one of the New Hampshire newspapers] the
New Hampshire Gazzette also cause that said Cop}' and order be
posted up in some public place in the Town of Orford three weeks
Successively Six weeks prior to the sitting of said Court that any
person or persons may then appear and shew cause why the
prayer thereof may not be granted — Sent up by M'' Dame
Agreably to the order of the day proceeded to a hearing on
Petitions —
l^pon hearing and considering the Petition of the Heirs of John
Wentworth Esq"' deceased voted that the prayer thereof be granted
and that they have leave to bring in a Bill accordingly —
Sent up by M'' Eastman
Upon hearing and considering the Petition of the
select * men of Alstead voted that the prayer thereof be * 14-105
granted and that they have leave to bring in a Bill
accordingly — Sent up bv M'' Shepherd —
170 NEW HAMPSHIRE EARLY STATE PAPERS. [179^
Upon reading and considering the Petidon from Wendall voted
that the PeUtioners have leave to bring in a Bill for raising a Tax
of one half penny ^g" year for three years on each Acre of land in
Wendall — " Sent up by M'' Connor —
Voted that M'' Cilley, M'' Page & M'' Sherburne with such of
the Honb' Senate as they may join be a Committee to consider of
the Petition and Account of Daniel Putnam and report thereon —
Sent up by M'' Smith
Voted that the hearing on the Petition of Joseph Hicks Esq''
which was to have been this Session of the General Court be
postponed until the third Wednesday of the next Session of which
all persons concerned are to take notice and govern themselves
according^ — Sent up by A'P Smith —
Resolved that no extent in future be issued against the Select
men of Concord in the County of Grafton or the Select men of
Concord alias Gunthwait or any Inhabitant thereof for any Taxes
due from said Town prior to the year 1789 until a Special Act pass
the General Court direcdng the manner of levying and coUecdng
said Taxes — Sent up by M'' Young
Voted that his Excellency the President be requested to procure
an accurate survey of the land owned by the state on the Island
of New Castle condguous to fort William & Mary with a plan of
the Fort and light house as soon as conveniently may be —
Sent up by IM'' Chamberlain
An act to impower the select men of Wolfborough to assess
and collect a Tax of one penny ^'' Acre Annually for the term of
two years upon all the lands in said Town to be appropriated for
the purpose of repairing the highways in said Town, was read a
third time and passed to be Enacted —
Sent up by M'' Hill & M'' Eames
* 14-106 *Adjourned to 9 o'Clock to morrow morning
SATURDAY Jan« 22' 1791.
The House met according to adjournment
The Committee on the Pedtion of the Trustees of Atkinson
Academy reported that the prayer thereof be granted under such
regulations and restrictions as the General Court shall think
proper and that a Bill be brought in accordingly, which report
being read and considered zjc/ef^ that it be received and accepted —
Sent up by M'' Gibson
Upon reading and considering the Petition of William Page of
Charlestown in behalf of the Inhabitants thereof and the report of
1791] JOURNAL OF THE HOUSE OF REPRESENTATIVES. I7I
a Committee thereon voted that the prayer thereof be so far
granted as that they have liberty to bring in a Bill for an incorpo-
ration and for raising one Thousand pounds Lawful monej' by
Lottery — Sent up by M'' Smith
Upon reading and considering the Petition of the Trustees of
Chestertield Academy voted that the prayer thereof be granted and
that they have leave to bring in a Bill for raising one thousand
pounds b}^ Lottery, for the purpose mentioned in said Petition —
Sent up by M"" Smith
Upon reading and considering the Petition of the Trustees of
New Ipswich Academy and the report of a Committee thereon
voted that the Petitioners have leave to bring in a Bill for raising
one thousand pounds by Lotter}^ for the purpose mentioned in said
Petition — Sent up by M'' Smith
Upon reading and considering the Petition of the proprietors of
the Aurean school (so called) or intended Academy in Amherst
and the report of a Committee thereon voted that the prayer of
the Petitition be so far granted as that the petitioners have leave to
bring in a Bill for an incorporation and for raising one Thousand
pounds by Lottery for the purposes suggested in said Petition —
Sent up by JNI'' Smith
*Upon reading and considering the Petition from the * 14-107
Town of Hampton voted that the prayer thereof be so
far granted as that they have leave to bring in a Bill for raising
tifteen hundred pounds Lawful money by Lottery for the purpose
therein mentioned providing in said Bill that if said money shall
not be wholly wanted for said purpose that they be accountable to
the state for the surplusage — Sent up by M'' Toppan
Upon reading and considering the Petition of the Select men of
New Hampton voted that the Petitioners be heard thereon before
the General Court on the third Wednesday of the next Session
and that in the mean time the petitioners cause that the Substance
of the Petition and order of Court thereon be published three
weeks successively in the New Hampshire Gazzette six weeks
prior to the sitting of said Court that any person or persons may
then appear and shew cause (if any they have) why the prayer
thereof may not be granted — Sent up by M'' Prescutt
Resolved that it is the Opinion of this House that Woodbury
Langdon Esq'' being under impeachment of this House for mis-
conduct and maladministration in Office as a Justice of the supe-
rior Court of Judicature ought not to be permitted to resign said
Office — on which resolve the yeas & nays were called and are as
follows —
[72
NEW HAMPSHIRE EARLY STATE PAPERS.
[179I
Yeas.
Yeas.
Yeas.
Yeas.
Mr Macgregore
Mr Hale
Mr Prescutt
Mr Grout
M-- Blanchard
Mr Copp
Mr Alexander
Mr Kimball
M>' White
Mr Warner
Mr Temple
Mr Duncan
IVK Eastman
Mr Wallace
Mr M Smith
Mr Baker
Mr Hill
Mr Fifield
Mr Rand
Mr Pavne
Mr Chamberlain
Mr Page
Mr Allen
Mr Tarlton
M"- Jo" Smith
Mr Shepherd
Mr Wellman
Mr Dame
W Palmer
Mr Stiles
Mr Lane
Mr Young
Nays.
Nays.
Nays.
Nays.
Mr Gains
Mr McQarey
Mr Parker
Mr Penniman
Mr Sherburne
Mr Clough
Mr Barrett
Mr Morse
Mr Wentworth
Mr Bradley
Mr Clark
Mr Stone
Mr Weeks
Mr Gibson
Mr Cragin
Mr Crawford
Mr Brown
Mr Kellie
Mr Gerrish
Mr E Hoit
Mr Plummer
Mr N Hoit
Mr Whitcomb
Mr Eames
Mr Cilley
32
Yeas — 25 Nays-
— so it passed
into a Resolve
* 14-108 *J?cso/Tcd that it is the Opinion of this House that the
said Woodbury Langdon Esq'' in writing a letter ad-
dressed to the President of this State and sundry papers inclosed
addressed to the Honb' Senate with desire that the same be com-
municated to both Houses ot" the Legislature (which has been
done) is guilty of a Contempt of both Houses and especially to
the said Honb' Senate in as much as the Same papers contain
pleas and answers to matters that are and ought to come before
the said Honb' Senate in a Judicial way and that the matters con-
tained in the Same papers must be considered as an unwarrant-
able attempt to prejudice the minds of the members of the said
Honb' Senate in a cause that is judicialh- to come before them and
that the said papers contain Scandalous insinuations injurious to
the characters of the Members of both houses and of man}' respect-
able Officers in this State — On reading the foregoing motion was
made that it pass into a Resolve of this House on which motion
the yeas and nays were called and are as tbllows —
Mr Wentworth
Mr Macgregore
Mr Blanchard
Mr White
Mr Eastman
Mr Hill
Mr Chamberlain
Mr Jo» Smith
i\|r Palmer
Yeas.
Mr Hale
Mr M'-.Millan
Mr Warner
Mr Wallace
Mr Fifield
iMr Page
Mr Shepherd
Mr Stiles
Mr Prescutt
Mr Ale.vander
Mr Temple
Mr M Smith
Mr Rand
Mr Allen
Mr Wellman
Mr Lane
Mr Grout
Mr Stone
Mr Kimbal.
Mr Duncan
Mr Payne
Mr Tarlton
Mr Dame
Mr Young
[791] JOURNAL OF THE HOUSE OF REPRESENTATIVES.
173
Nays. Nays. Nays. Nays.
Mr Gains U^ M>-Clarey M"- Parker M'- Penniman
Mr Sherburne M' Clough M' Barrett M^ Morse
Mr Weeks M-- Bradley Mr Clark Mr Baker
Mr Brown Mr Gibson Mr Cragin Mr Crawford
Mr Plummer Mr Kellie Mr Gerrish Mr E Hoit
Mr Cilley Mr N Hoit Mr Whitcomb Mr Eames
33 Yeas — 24 Nays — so it passed into a Resolve
Upon hearing and considering the Petition of the Inhabitants of
Pelham volcd that the Petitioners be heard thereon before the
General Court on the Second Thursday of their next Session and
that in the mean time the Petitioners cause that the Substance of
the Petition and order of Court thereon be posted up at both
of the meeting houses in said Pelham three weeks
* Successively six weeks prior to the sitting of said * 14-109
Court that any person or persons may then appear and
shew cause why the prayer thereof may not be granted —
Sent up by M'' Prescutt
Adjourned to Monday next at 9 o'Clock AM —
MONDAY Jan^^ 24'" 1791.
The House met according to adjournment
The vote for granting the prayer of the Petition of the Heirs of
Col" John Wentvvorth came down from the Honb' Senate for the
following amendment that the Petitioners have leave to bring in a
Bill for setting aside the Levy and that the creditor be impowered
to levy on the same land or so much thereof as may by a fair
legal and impartial appraisement be sufficient to satisfy said
Execudon and legal costs on a levy to be served by the sheriff or
some deputy by him specially appointed lor that purpose and that
the creditor be placed in as advantageous circumstances respecting
said Execution as he was by Law at the time of the former serv-
ice — which amendment was read and concurred —
Sent up by M'' Gains —
Upon reading and considering the Petition of Otis Baker and
others and the "Peduon of Richard Tripe & others voted that they
be refered to the Committee on the Petition of Jacob Green &
Enoch No3'es and that the\' report thereon —
Sent up by M'" Gains
J^o/cd that M'' White, M' Barrett and M'' Macgregore with
sucli of the Honb' Senate as they may join be a Committee to con-
sider of the Petition of Benjamin Prescutt and report thereon —
Sent up by M' Gains
174 NEW HAJIPSHIRE EARLY STATE PAPERS. [^79^
An Act lo make good a title to certain lands in Hancock to
Thomas Cochran Jun'' and others the original Deed ot" which is
lost — was read a third time and passed to be Enacted —
Sent up b}' M'' Gains & M'' Smith
Voted that the Account of Cap' Joseph Smith amounting to
thirty Six shillings be allowed & paid out of the Treasurj' by
order of the President — Sent up bj- M' Stiles —
*i4-iiO *Upon hearing and considering the Petition of the
Select men of Lyman and the agreement of the parties
voted that the Petitioner have leave to bring in a Bill lor rasing a
Tax of one half penny "^'' year on ever}- acre of Land in said
Town for the term of three 3'ears — Sent up b\' M" Stiles
Adjourned to 3 o'Clock P. M —
Met accordingly
looted that M'' Whitcomb, M'' Wellman & M'' Hill with such of
the Honb' Senate as they ma}' join be a Committee to consider of
the Petition of Alexander Plumbley and report thereon —
Sent up by M'' Holmes
The Honb' Senate having returned the vote for granting the
prayer of the Petition of the Inhabitants of the Northwest part of
Lyndborough Motion was made to appoint a Committee to view
the Situation of the Inhabitants of Lyndsborough as well those
that were not Petitioners as those that were and that said Commit-
tee report their Opinion at the next Session of the General Court —
Whereupon voted that the Honb' Timothy Farrar James Un-
derwood and Jeremiah Page Esquires be a Committee to view the
premises and that it be done at the cost of the Inhabitants of
L^-ndsborough and that said Committee notify the Petitioners
from the Several Towns Seasonably of the time place and design
of their meedng — Sent up by M'' Holmes
I'oied that the account of George Jerry Osborne amounting to
Sixt}- five pounds Seven shillings and three pence be allowed and
paid out of the Treasury by order of the President
Sent up by M'' Holmes
Upon reading and considering the Account of Ezekiel Dow and
the report of a Committee thereon voted that the said Dow have
and receive Eighteen Shillings in full for his Account and that the
President give order on the Treasurer ibr said Sum —
Sent up by M'' Smith
* 14-1 1 1 Voted that William Loudon have and receive out of * the
Treasury Six pounds to enable him to pay some house
rent at New Castle and to help him to remove his family into
I791] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 175
some place in the Interior part of this state and that said Sum be
paid to George Gains Esq'' for the above purposes and that the
President s;ive order accordingly — Sent up by M"' McMillan
Voicd that M'' Temple M' topp and M'' Well man with such of
the Honb' Senate as they maj- join be a Committee to consider of
the Petition of Michael Dwyer and report thereon —
Sent up bj' M'' Crawford
Adjourned to 9 o'Clock to morrow morning —
TUESDAY Jank 25'" 1791.
The House met according to adjournment
An Act in Addition to and to alter an Act intitled an Act to set
otT and Incorporate a number of the Inhabitants living in the
Northwest part of Amherst into a parish passed the twenty fourth
day of Januarj' 17S9 — was read a third time and passed to be
Enacted — Sent up by M"' Warner & M'' Copp —
looted that the Excise on exciseable articles from & after the
first day of October last to the first day of January instant be col-
lected in the same way and manner as has heretofore been legally
practised excepting only that no person who shall duly and to the
best of his knowledge and Judgment on Oath render an Account
of all the exciseable articles bj- him bought sold expended or
owned within said term shall be liable to any prosecution for or on
Account of his Selling Spirituous liquors within said term without
license therefor and that an Act or Resolve be passed for that
purpose — Sent up bj' M'' Warner —
rotcd that M'' Cragin, M'' Wentworth M'' Holmes M'' Gains &
M' Kimball with such of the Honb' Senate as they maj' join be a
Committee to consider of the Memorial and Petition of "Jonathan
Chase Esq'' and report thereon — Sent up by M'' Brown
The Committee on the Petition of Mary Neal and John Neal
administrators to the Estate of John Neal Esq'' deceased reported
that the prayer of the said Petition be so far granted as that an
Act be passed confirming the title to the heirs and Assigns
of the said John Deceased of in and to certain lands * part * 14-1 1 2
of the Society lands so called purchased by the said
John Neal Esq'' in his life time of Robert Smith Agent of the
confiscated Estate of Stephen Holland Esq'' an Absentee Referance
being had to the deed of conveyance from the said Robert to
the said John Neal Esq'' since deceas'' bearing date on or about
the 24"' of May 1781 for a particular description of said Lands —
176 NEW HAMPSHIRE EARLY STATE PAPERS. [179^
The said Stephen Hollands deed of certain lands to one John
Quigley Esq' notwithstanding — which report being read and con-
sidered voted that it be received and accepted —
Sent up by M' Allen
Voted that M'' Blanchard, W E Hoit and M"' Warner with such
of the Honb' Senate as they may join be a Committee to consider
of the Petition of the Select men of Bath and report thereon —
Sent up b}' M"' Lane
Adjourned to 3 o'Clock P. M —
Met accordingly —
Voted that M'' White, M'' Abbott & W Gerrish with such of the
Honb' Senate as they may join be a Committee to consider of the
Petition of Rebecca Barrett and report thereon —
Sent up by M'" Wentworth
Voted that the Account of the Honb' Phillips White Esq"'
amounting to Sixteen pounds, Sixteen shillings be allowed and
paid out of the Treasury by order of the President —
Sent up by M'' Toppan
Voted that M"- Plummer, M' Toppan, M'' Holmes M'' Cilley and
M' Gibson with such of the Honb' Senate as they may join be a
Committee to consider of the Petition of the Inhabitants of Cor-
nish and Plainfield and report thereon — Sent up by M"' Fitield
Voted that M'' Abbott, M"- Allen & M"- [E.] Hoit "with such of
the Honb' Senate as they may join be a Committee to consider of
the Petition of Archibald M'^Murphy Esq' & report thereon —
Sent up by M' Ar'Gregore
Adjourned to 9 o'Clock to morrow morning
WEDNESDAY Jan'^ 26'" 1791
The House met according to adjournment
*i4-ii3 * Voted that M'' Wallace, M' Connor M'' Abbott, M'
Sherburne and M"' Eames with such of the Honb' Sen-
ate as they may join be a Committee to consider of the Petition of
William Vans & others and report thereon —
Sent up by M'' Burnam
looted that Col" David Page be directed to apply to Cap' Josiah
Gilman of Exeter or any other public officer in this state for the
original Order said to be drawn by Benjamin Heath a Soldier in
Col" Hazzens Regiment in favour of Daniel Cook & said Officer
or Officers are hereby directed to deliver said Original order to
said Page and keep a'n attested Copy in their hands' —
Sent up by M' Burnam
I791] JOURNAL OF THE HOUSE OF REPRESENTATIVES. I77
Voicd that M'' Plummer M'' Badger, M' Abbott M'" Whitcomb &
M'' Paine with such of the Honb' Senate as they may join be a
Committee to report what sums are necessary to "be raised to de-
fray the charges of Government the current year and lay the Same
before this House — Sent up by M' Burnam
I'oted that M'' Warner, M'' Sherburne, M"' Badger M'' Holmes
[Hale] and M'' Young with such of the Honb' Senate as they
may join be a Committee to report what allowances shall be made
to the Officers of the Civil list for the year past and lay the Same
before this House — Sent up by M'' Dame
Voted that M'' Badger and W Hale be added to the Committee
on the Petition of Archibald M'Murphy Esq'' and that they report
thereon — Sent up by M" Dame
I'otcd that the Petition of B [Otis Baker] R Watson and others
and the Petition of Joseph Waldron and others be referred to the
Committee on the Petition of Jacob Green & Enoch Noyes and that
they report thereon — Sent up by M'' Stiles
Voted that a paper signed Samuel Payne be referred to the
Committee on the Petition of Jonathan Chase Esq"' and that the}'
report thereon — Sent up by AP Stiles
Resolved that the managers appointed by and in behalf of
the House of Representatives to manage the Impeachment ex-
hibited by this House to the Honb' Senate against
* Woodbury Langdon Esq' be instructed to enter a noli * 14-114
prosequi to said Impeachment —
Whereas Woodbury Langdon Esq'' one of the Justices of the
Superior Court of Judicature was impeached by the House of
Representatives of misconduct and maladministration in office and
whereas he hath been duly summoned and notified to appear be-
fore the Honb' Senate to answer to said Impeachment on the 25'"
of Januar}- instant at the Senate Chamber in Concord but hath
not obeyed said Summons but hath gone out of the state and as it
is doubtful whether a trial can be had upon said Impeachment
except the said Woodbury Langdon Esq'" be personally present
and as it is of Importance for the due administration of Justice
that the Superior Court consist of all the justices of said Court —
Therefore Resolved that his Excellency the President and Hon-
ourable Council be and herebj^ are requested to remove the said
Woodbury Langdon Esq'' from his office of Justice of the Supe-
rior Court of Judicature of said State Sent up by AP Crawford
I'oted that the Pedtion of the Selectmen of Pembrook and
the Select men of Bow be referred to the Committee on the
178 NEW HAMPSHIRE EARLY STATE PAPERS. [179^
Petition of Jacob Green and Enoch Noyes and that they report
thereon — Sent up by M'' Bartlett
The vote for granting the prayer of the Petition of Samuel
Randall came down from the Honb' Senate for the following
amendment, "that said Randall have leave to enter the same action
at the Superior Court next to be holden at Dover in and for said
County on the third Tuesday of April next leaving the same open
to trial by Jury and giving fourteen days notice previous to the
sitting of said Court to said Roberts — and the Judges of said
Court are impowered to hear the cause correct any error there
may be (if not tried by jury) and give judgment thereon" —
which was read and concurred —
Sent up b}' RP Eames
* 14-115 * Upon reading and considering the Account of Daniel
Putnam voted that he be allowed Sixteen pounds in
full of all demands and that the President give order accordingly —
Sent up b}' AP Young
Upon reading and considering the Petition of Rebecca Barrett
and the report of a Committee thereon Voted that the prayer
thereof be granted and that she have leave to bring in a Resolve
accordingly — Sent up by M'' Prescutt
An Act to set aside the levj- of an Execution heretofore made
upon the Estate of the late Honb' John Wentworth Esq' deceased
in the hands of Thomas Mellet Wentworth and James Carr Ad-
ministrators de bonis non to said Estate — was read a third time
and passed to be Enacted —
Sent up bv M'' Cilley & M' Whitcomb
Voted that M"' Eastman, W Gains, AP Allen, AP Hoit & M''
Weeks with such of the Honb' Senate as they may join be a Com-
mittee to consider of the Petition of the Select men of Plastow
and report thereon — Sent up b}' M' Smith —
Adjourned to 3 o'Clock P. M — '
Met accordingly —
An Act to impower the Inhabitants of Wendall in the County
of Cheshire to levy a Tax on all the Lands public rights excepted
in said Town for making bridging and repairing the highways —
was read a third time and passed to be Enacted —
Sent up by M' Young & M'' Warner
An Act to repeal such parts of the Several Acts of this state as
imposed an excise on spirituous Liquors and other Articles was
read a third time and passed to be Enacted —
Sent up by AP Hill & ftP Holmes
Adjourned to 9 o'Clock to morrow morning
I791] JOURNAL OF THE HOUSE OF REPRESENTATIVES. I79
THURSDAY Jan"^ 27'" 1791
The House met according to adjournment
An Act providing remedy when executions are levied upon
Estate not the property of the debtor — was read a third time and
passed to be Enacted — Sent up by M'' Crawford & M' Tarlton
An Act to impower the Inhabitants of Alexandria in the Count}'
of Grafton to levy a Tax on all the lands ( publick lands excepted)
in said Town for the purpose of making & repairing the high-
ways — was read a third time and passed to be Enacted —
Sent up by AP Stiles & M' Wentworth
* Voied that William Harper Esq' have and receive * 14-116
out of the Treasury twelve shillings in full for his carry-
ing precepts to Plymouth and that the President give order accord-
ingly — Sent up by M'' Stiles
Vofcd that M'^ Wentworth, M'' White, M'' Sherburne M"^ Whit-
comb & M' Allen with such of the Honb' Senate as they may join
be a Committee to consider of the Account of Jacob Green and
all Similar matters & report thereon Sent up by M'' Stiles
J'olcd that M' Connor, M"' Macgregore & M'' White with such
of the Honb' Senate as they may join be a Committee to consider
of the Petition of John Nesmith and report thereon —
Sent up b_v M'' Flanders —
Voied that M' Taylor W Jo' Smith & M'' Gibson with such of
the Honb' Senate as they may join be a Committee to consider of
the Petition of Isaac Baldwin and report thereon —
Sent up by M' Flanders —
The House resolved themselves into a Committee of the whole
on the report of the Select Committee on Money in the Treasurj-
outstanding Taxes &c — M'' Sherburne in the chair — proceeded
to the consideration of said Report and after Some conversation
on the Subject the Committee rose with leave to sit again and the
Speaker resumed the chair —
Adjourned to 3 o'Clock P. M —
Met accordingly
Voied that the hearing on the Petidon of Richard Sincler Jun'"
which was to have been this daj' before the General Court be
postponed to Thursday next of which all persons concerned are
to take notice and govern themselves accordingly —
Sent up by M"' Morse
The House again Resolved themselves into a Committee of the
whole on the Subject matter of appropriating the money in the
iSo NEW HAMPSHIRE EARLY STATE PAPERS. L^79'^
Treasury collection of out standing taxes &c and after some consid-
erable debate on the Subjects the Committee rose with leave to sit
again, and the Speaker resumed the chair & M' Sherburne in
behalf of the Committee reported progress —
* 14-117 * Adjourned to 9 o'Clock to morrow morning
FRIDAY Jan« 28'" 1791.
The House met according to adjournment
An Act to impower the Select men [inhabitants] of Lyman in
the County of Grafton to Levy a Tax on all the lands public rights
excepted in said Town for making and repairing highways
therein — was read a third time and passed to be Enacted
Sent up bv M'' Hill & AP Penniman
Voied that M' Parker, M'' Taylor and M"^ Shepherd with such
of the Honb' Senate as they may join be a Committee to consider
of the Account of Ozias Silsby and report thereon —
Sent up by M" Gibson
The Committee on the Petition of John Nesmith reported that
the prayer thereof be granted and that he have leave to bring in
a Bill accordingly which report being read & considered voied
that it be received and accepted — Sent up by AP Gibson
Vo/cd that M'' Hoit, M'' Warner & M'' Macgregore with such
of the Honb' Senate as they may join be a Committee to consider
of the Petition of John Livingston & report thereon
Sent up by M'' Baker
Voied that the Account of William Page Esq' and others be
refered to the Committee on the Account of Jacob Green & that
they report thereon — Sent up by M'' Baker
Voied that the Account of J D Griffith be refered to the Com-
mittee on the printers accounts — Sent up by M' Grout
The Committee appointed to consider of the Petition of Daniel
Rindge Esq' and others reported that his Excellency the Presi-
dent with the Honb' Council be requested to examine the Jour-
nals & Rolls of the Sitting of the General Court under the former
government in the late Province now state of New Hampshire so
far as may be necessary to determine what sums are due to the
Members of tiie Council and House of Representatives for their
attendance in the General Court under the said Goverment for the
two last years previous to the Revolution and upon a proper ad-
justment of the Ballances or arrears due to the said Members
respectively for said term Accounting and reckoning the said
I791] JOURNAL OF THK HOUSE OF REPRESENTATIVES. 181
Counsellors at Seven Shillings "i^'' day each for their
attendance and the said Representatives *Six Shillings * 14-118
^'' day each for their attendance in said General Court
and a proper roll of said arrears being made and certified that his
Excellenc}' the President give order for the payment thereof out of
the state Treasury and that a Resolve be passed for that purpose —
which report being read and considered voted that it be received
and accepted — Sent up by M'' Grout
The vote for postponing the hearing of the Petition of Richard
Sincler Jun'' to Thursday next came down from the Honb' Senate
for the following amendment " That the hearing on said Petition
be postponed until the second Tuesday of the next Session instead
of Thursday next " — which amendment was read and con-
curred — Sent up b}' M"' Grout
Voted that AP Hill, M' Connor and M'' Whitcomb with such of
the Honb' Senate as they may join be a Committee to consider of
the Petition of the Select men of New Holderness and report
thereon — Sent up by M' Abbott
Voted that the Account of Supply Clap Nath" Rogers and
Nath" Gilman Esquires amounting to twelve pounds be allowed
and paid out of the Treasury by order of the President —
Sent up by M"' Abbott —
Voted that AP Wentworth M"' Hale & AP Plummer with such
of the Honb' Senate as they may join be a Committee to consider
of the Petition of Ebenezer Thompson Jun'' and report thereon —
Sent up by AP Warner
Voted that M"^ Gains, AP Plummer, M'' Barrett" AP Bradley &
M'' Baker with such of the Honb' Senate as they may join be a
Committee to take under consideration the report of the Commit-
tee who were appointed at the last session to settle the accounts
between this state and the Treasurer thereof and report what shall
be done with the papers now in the hands of the Committee —
Sent up by M' Warner —
Said Report is as follows —
*The Committee appointed at the last Session of the * 14-119
General Court to settle the Accounts between this State
and the Treasurer thereof reported as follows — viz
New'^Halp^ \ ^""^^^^ December 9 1790 -
Pursuant to a vole of the Honb' General Court passed at Con-
cord the iS'" day of June last appointing us the Subscribers a
Committee for Examining and settling the Accounts between the
l82 NEW HAMPSHIRE EARLY STATE PAPERS. [l79I
State and the Treasurer thereof do report that we have carefully
examined the Treasurer's books Accounts and documents relative
thereto from the time of his appointment up to the 31'' day of July
last to which period they are closed and have received from him
as follows (viz)
An Account of state Notes and certificates issued by him and
dated July 31" 1788 for the cancelling old notes and Interest due
thereon — part of the principal and Sundry Orders drawn by the
President to issue notes — The Notes are numbered One to Nine
hundred & twenty five inclusive amounting to Twent)' six thousand
eight hundred & Sixty one pounds Eleven Shillings & three
pence — The Certificates are Numbred from One to One thousand
four hundred & forty two inclusive amounting to Six thousand
seven hundred & forty three pounds three shillings and eight
pence — Also an Account of Certificates issued dated July 31^"
1789 for one years Interest and part of the principal of state notes
dated July 31*' 1788 and are numbred from One to One thousand
three hundred and fifty one inclusive amounting to four thousand
and Seventy three pounds three shillings and four pence and '§^
Book of record appears to ha\'e been Indorsed, of which Sum
notes to the amount of four hundred and Seventeen pounds ten
shillings and four pence are wholly paid and taken up —
The old Notes which we have received trom the Treasurer and
for which new notes & certificates have been issued are of the fol-
lowing description (viz) Notes lor mone}' borrowed of Consoli-
dated value — Thirt}^ four pounds fifteen shillings and ten
* 14— 120 pence — Bount}- Notes fift}' nine pounds fifteen "Shil-
lings and Six pence — Depreciation Notes twenty five
pounds fourteen shillings — Consolidated Notes dated July 31"' 1782
& July 31*' 1784 (nominal amount) Sixteen hundred and ninety five
pounds four shillings & five pence and others dated July 31*' 1785
(nominal amount) thirty three thousand Seven hundred and twenty
three pounds fifteen shillings and ten pence —
The orders drawn by the President to issue notes which we have
received, are lor depreciation two hundred and Seventy one pounds
Seven shillings and eight pence — And for claims against confis-
cated Estates Nine hundred and eighty Six pounds ten shillings
& two pence exclusive of Interest, and there appears to have been
outstanding in state notes of various denominations on the aforesaid
thirty first day of July last the Sum of Seventy eight thousand
nine hundred and twelve pounds Sixteen shillings and eleven
pence and in Certificates of various dates issued for Interest and
1791] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 183
part of the pi-incipal of state notes the Sum of Ten Thousand four
hundred and eleven pounds eighteen shilHngs & four pence
We have received Sundry state notes which were taken into the
Treasury for Taxes, Excise (by Special orders of Court) and on
Account of the Masonian proprietors bonds to the amount of five
thousand Seven hundred and thirty one pounds Seven shillings &
three pence exclusive of Interest thereon — Also in state Certifi-
cates the Sum of Seventeen thousand Seven hundred & thirty five
pounds nineteen shillings and one penny which were received for
taxes — Also in Certificates issued by the late loan Officer to the
amount of Two hundred and Seventy one pounds ten shillings &
five pence which were received by order of the Honb' Court equal
to state Certificates
The Account exhibited to us for the Amount of Continental Spe-
cie Taxes being twenty Six thousand eight hundred and Sixty eight
pounds Sixteen shillings and eleven pence is accounted
for in the following manner (viz) * Receipts produced * 14-121
for cash paid the late Loan Officer Three Thousand and
Six hundred pounds — Sundry Rolls for travel and attendance of
the Honb' Senate, Council & House of Representatives to the
amount of Seventeen hundred and Seventy Six pounds three shil-
lings and four pence —
Presidents orders in favour of Sundry persons Two hundred and
Seventy pounds two shillings & ten pence — Outstanding on
Taxes for the years 17S6 & 1787 (as ^^' list) Thirteen Thousand
two hundred and forty one pounds two shillings & ten pence And
a Ballance amounting to Seven thousand nine hundred and Eighty
one pounds Seven shillings and eleven pence in Gold and Silver
in the Treasurers hands —
The State Specie Account amounting to Thirt}^ Thousand two
hundred «& thirty two pounds Seventeen shillings & three pence
half penny we have also received and is accounted for as follows
(viz) Presidents orders for eight Thousand Six hundred and forty
one pounds one shilling & five pence three farthings — An Abate-
ment of Sandwich Taxes lor 1789 and 1790 C^' Order of Court)
Eight pounds fifteen Shillings and eleven pence — Bounties paid
on Wolves (^'' Account) Five hundred and thirty one pounds
paid on Sundry Rolls for travel and attendance of the Honb'
Senate Council and House of Representatives Three Thousand
two hundred and Eighty eight pounds two shillings & Seven
pence half penny — Sundry State Notes received for excise C^""
order ox Court) Seven hundred and thirty four pounds fourteen
184 NEW HAMPSHIRE EARLY STATE PAPERS. [179^
shillings and Seven pence — An Account for expences of Office
forty two pounds four shillings and five pence —
Outstanding on Taxes from 1786 to 1790 Inclusive (as 'f!'' list)
Sixteen thousand nine hundred and four pounds nineteen Shillings
& nine pence three farthings — And a Ballance of Eighty one
pounds eighteen and five pence half penny due from the Treas-
urer for which sum he is to be debited in his new account with the
State —
We have also received an Account Continental Indents
* 14-122 amounting to fifty eight thousand four hundred * and
ninety four pounds two shillings & five pence and is
accounted for as follows (viz) The late loan Officers receipts for
thirteen thousand & thirty eight pounds five shillings — An
abatement on Sandwich Tax for 17S9 C^'' order of Court) eighteen
pounds Seven shillings and nine pence — Presidents Orders in
favour of Thomas Odiorne One hundred and ninety four pounds
Seven Shillings and one penny farthing — Outstanding on Taxes
from 1786 to 17S9 inclusive as '§'' list Thirty tour Thousand Six
hundred and Sixty three pounds thirteen shillings and nine pence,
And the ballance of Ten Thousand five hundred and Seventy
eight pounds eighteen shillings and nine pence three farthings we
have received in Indents issued lor Interest on Continental
Securities —
The State certificate Account we have also received amounting
to forty nine thousand five hundred & twent}- two pounds Sixteen
shillings and Six pence three farthings and is accounted for in the
following manner (viz) Presidents orders for Two Thousand eight
hundred and twenty eight pounds one Shilling and Seven pence
three tarthings — Abatements '"f?' order of Court One hundred and
Seventy five pounds Eleven Shillings — Bounties paid on Wolves
Seven pounds ten shillings — Outstanding on Taxes from 1775 to
1788 inclusive as ^'' list Twenty three thousand two hundred &
fifty seven pounds seven Shillings and nine pence half penny —
We have also received an Account for the Tax of Deficiency of
Soldiers amounting to three Thousand one hundred & nine pounds
two shillings and is accounted for as follows (viz) An abatement
in fa\'our of the Town of Wendall (including Interest) Eighty
four pounds nineteen shillings and tv\o pence Outstanding on said
Tax two thousand four hundred & nine pounds ten shillings & Six
pence (enclusive of Interest from 30''' of November 1788) ( ^"^ list)
and the ballance of Six hundred & fifteen pounds and four pence
is carried to the credit of State Certificate account —
1791] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 185
*The Account of the New Emission Tax amounting * 14-123
to five hundred and fifty five pounds nine shilHngs four
pence is accounted for as follows (viz) Presidents order in favour
of Thomas Odiorne for thirt}' eight pounds thirteen shillings and
one penny half penny. Outstanding (I?'' list) one hundred and
eighty six pounds Six shillings and ten pence and the Ballance of
three hundred and thirty pounds nine shillings & four pence half
penny we have received in New Emission Bills —
We have likewise received an Account for the Revenue of Im-
post amounting to thirteen hundred and Sixty five pounds nine
shillings and Seven pence including Interest received and is
Accounted for as follows (viz) Sundry bonds in the Treasury on
which appears to be due two hundred and forty four pounds thir-
teen shillings and Seven pence and the ballance of Eleven hun-
dred and twenty one pounds Sixteen shillings is carried to the
Credit of the state Specie account —
The Account for Revenue of Naval Office received of Eleazer
Russell Esq' in cash and Orders amounts to One hundred and Six
pounds Seventeen shillings and ten pence half penny and is also
carried to the credit of state Specie Account —
i\.n Account of the Masonian proprietors Bonds we have also
received on which appears to have been paid Fifteen hundred and
thirty Seven pounds ten shillings in state notes and two hundred
and thirteen pounds two shillings and eleven pence half penny
in Specie for which sum the state have been credited and there
is now due exclusive of Interest Ten Thousand four hundred and
Sixty two pounds ten Shillings in Notes and Twenty Six pounds
Seventeen shillings and one half penny in Specie —
There appears to be due on Rolls for travel & attendance of the
Honb' Senate Council & House of Representatives (including a
Troop of Horse under Col" Cogswells Command the Sum of One
thousand and Eighteen pounds two shillings & three pence half
penny in Specie & Seventeen pounds Six Shillings in New Emis-
sion money as '§'' an Abstract made out on which we have certified
the Same to be due —
* We have also received an Account of the old Con- * 14-124
tinental money in the Treasury amounting to three
million eight hundred and thirty four thousand Seven hundred &
twenty dollars and two thirds of a Dollar — Also an Account of
final settlement notes of the United states to the amount of thirtj'
three thousand one hundred & forty eight dollars and Sixty three
ninetieths of a Dollar which are also in the Treasurv on which
l86 NEW HAMPSHIRE EARLY STATE PAPERS. [179^
Interest appears to have been paid up to the 31'' day of December
1787 and for which interest the state has been credited —
The Several Accounts — Orders — Notes — Certiticates Indents
&c which we have received are ready to be delivered to the Order
of the Honb' Court at the Same dme beg leave to observe that
the Accounts have been kept in a verj' regular and fair manner
are right cast and well vouched except the Expence Account
which is not warranted by an}- order but is submitted to the Honb'
Court — r Supply Clap ^
Signed < Nath" Oilman > Com"^^"
( Nath" Rogers )
N. B. The Treasurer in renewing some notes belonging to
Maj"' Caleb Stark & Maj'' Daniel Livermore omitted deducting the
Several Indorsements of principal, made on said Notes, which
errors amounting to One hundred and Sixty two pounds and one
penny exclusive of Interest he is to credit the State in his new
account and charge the amount back on receiving the Same from
the said Stark & Livermore —
The House took under consideration on the expence Account
mentioned in the foregoing report, and voted that said Account
amounting to forty two pounds four shillings and live pence
be allowed — Sent up by M'' Gains
Adjourned to 3 oClock P. M —
Met accordingly —
An Act to restore Samuel Randall to his Law, was read a third
time and passed to be Enacted —
Sent up by M'' Warner & M"' Chamberlain
•14-125 * Upon reading and considering the Petition of Isaac
Baldwin voted that the prayer thereof be granted so
far as that he have and receive out of the Treasurj' Twenty pounds,
and that the President give order accordingly —
Sent up by M'' Smith
Upon reading and considering the Petition of the Inhabitants of
Hampstead praying that the time of holding the Annual meedng
in said Town may be altered — voted that the prayer thereof be
granted and that they have leave to bring in a Bill accordingly —
Sent up by M'' Smith —
Took under consideration the report of the Committee of the
whole on the Collection of outstanding Taxes —
On [reading] the report of the Committee that eight Shillings
in Specie be received in lieu of twenty Shillings in Certificates for
the outstanding Certificates Taxes now uncollected — the yeas and
Nays were called and are as follows (viz)
1791] JOURNAL OF THE HOUSE OF REPRESENTATIVES.
187
Yeas.
Yeas.
Yeas.
Yeas.
M' Gains
Mr Giles
Mr Whitcomb
Mr Stone
Mr Sherburne
Mr N Hoit
Mr Prescutt
Mr Duncan
Mr Macgregore
Mr Copp
Mr Alexander
Mr Burnam
Mr Clough
Mr McMillan
Mr Temple
Mr Freeman
M'- Chamberlain
Mr Tavlor
Mr M Smith
Mr Pavne
Mr Barrett
Mr Warner
Mr Rand
Mr Tarlton
Mr Kellie
Mr Fiheld
Mr Allen
Mr Dame
M"- Palmer
Mr Flanders
Mr Wellman
Mr Young
Mr Hale
Mr Page
Mr Holmes
N!iys.
Nays.
Nays.
Nays.
Mr Connor
Mr McClarey
Mr Emerson
Mr Shepherd
Mr Blanchard
Mr Bradley
Mr Parker
Mr Stiles
Mr Weeks
Mr Jos Smith
Mr Abbott
Mr Lane
Mr Brown
Mr Gibson
Mr Clark
Mr Grout
Mr White
Mr Badger
Mr Cragin
Mr Penniman
Mr Eastman
Mr Bedee
Mr Wallace
Mr Morse
Mr Plummer
Mr Dole
Mr Gerrish
Mr Crawford
Mr Cilley
35 Yeas — 29 Nays — so it passed in the affirmative
On report of the Committee that Si.x Shillings & eight pence be
received in lieu of Twent}' shillings in Indents for the outstanding
Indent Ta.xes now uncollected, the Yeas and Na3S were called
and are as follows — (viz) —
»Yeas.
Yeas.
Yeas.
Ye.as. * 14-126
Mr Gains
Mr Bedee
Mr Ale.xander
Mr Baker
Mr Sherburne
Mr N Hoit
.Mr Temple
.Mr Burnam
Mr Macgregore
.Mr Copp
.Mr Rand
.Mr Crawford
Mr Clough
.Mr Tavlor
Mr Allen
.Mr Freeman
Mr Chamberlain
Mr Warner
Mr Wellman
Mr Tarlton
Mr Bartlett
Mr Fifield
.Mr Holmes
.Mr Dame
Mr Palmer
Mr Flanders
.Mr Stone
.Mr Young
Mr Hale
Mr Whitcomb
Nays.
Nays.
Nays.
Nays.
Mr Connor
Mr M'^Clarey
.Mr Emerson
Mr Stiles
Mr Blanchard
Mr Bradley
.Mr Parker
Mr Prescutt
Mr Weeks
Mr Jo' Smith
.Mr Abbott
Mr M Smith
Mr Brown
Mr Gibson
.Mr Clark
Mr Lane
Mr White
.Mr Kellie
Mr Cragin
Mr Grout
Mr Eastman
Mr Badger
Mr Wallace
Mr Penniman
-Mr Plummer
.Mr Giles
.Mr Gerrish
.Mr Morse
Mr Hill
.Mr M^-.Millan
.Mr Page
.Mr Duncan
Mr Cilley
.Mr Dole
.\lr Shepherd
Mr Payne
30 Yeas — ^6 Nays — so it passed in the Negative
Alotion was made that eight shillings in Specie be received in
lieu of twenty shillings in Indents for outstanding Indent Taxes
i88
NEW HAMPSHIRE EARLY STATE PAPERS.
[179I
now uncollecte
d, on which
motion the yeas anc
I nays were c
and are as follows (viz) —
Yeas.
Yeas.
Yeas.
Yeas.
M"- Gains
Mr Hale
Mr Fifield
Mr Lane
M-- Sherburne
Mr Giles
Mr Flanders
Mr Holmes
M" Macgregore
Mr Bedee
Mr Page
Mr Penniman
M-- Blanchard
Mr N Hoit
Mr Stiles
Mr Stone
Mr Weeks
Mr Copp
Mr Whitcomb
Mr Duncan
Mr White
Mr MOIillan
Mr Prescutt
Mr Baker
M-- M^-Clarev
Mr Tavlor
Mr Ale.xander
Mr Burnam
Mr Clough
Mr Dole
Mr Temple
Mr Crawford
M' Chamberlain
Mr Warner
Mr Smith
Mr Pavne
M"- Bradley
Mr Parker
Mr Rand
Mr Tarlton
Mr Bartlett
Mr Abbott
Mr Allen
Mr Dame
Mr Kellie
Mr Clark
Mr Wellman
Mr Young
M-- Palmer
Nays.
Nays.
Nays.
Nays.
Mr Connor
Mr Hill
Mr Emerson
Mr Gerrish
Mf Toppan
Mr Cilley
Mr Barrett
Mr Shepherd
Mr Brown
Mr Jo^ Smith
Mr Cragin
Mr Grout
Mr Eastman
Mr Gib.son
Mr Wallace
Mr Morse
Mr Plummer
Mr Badger
49 Yeas — 18 Naj's, so it passed in the affirmative
•14-127 * Whereas the public convenience requires that the
Court of General Sessions of the Peace by Law to be
holden at Portsmouth within and for the Count}' of Rockingham
on the Second Tuesday of February- next should be adjourned to
a future day —
Therefore Resolved by the Senate and House of Representa-
tives in General Court convened that the Court of General ses-
sions of the Peace by Law to be holden at Portsmouth within
& for the County of Rockingham on the Second Tuesday of Feb-
ruary next be and it hereby is adjourned to the fourth Tuesday
of March next, then to be holden at Portsmouth aforesaid — and
all Suits actions complaints writs pleas & processes now pending
or returnable to said Court shall be then and there returned and
Sustained as though said Court had not been adjourned, and all
persons concerned are required to take notice and govern them-
selves accordingly — Sent up by M'' Tarlton
Voted that, that part of the report of the Committee of tlie
whole which respects funding the old Continental money final
Settlements and Indents be accepted and that his Excellency the
President the Honb' the Chief Justice and the Treasurer of this
state are appointed agents for that purpose
Adjourned to 9 oClock to morrow morning —
[791] JOURNAL OF THE HOUSE OF REPRESENTATIVES.
189
SATURDAY Jan« 29 1791.
The House met according to adjournment —
Upon reading and considering the Petition of John Wendall
Esq' and the report of a Committee thereon, voted that the prayer
thereof be granted and that he iiave leave to bring in a Bill ac-
cordingly — Sent up by M'' Tarlton.
Resolved that all Specie orders or orders drawn b}^ the Presi-
dent on the funds of Impost Excise or Naval Office be indiscrimi-
nately received in payment of any outstanding Specie Taxes Impost
or Excise Bonds —
Voted X\\?iX. M'Toppan, M' Gains. AP Copp, M'' Hoit and M''
Freeman with such of the Honb' Senate as they may join be a
Committee to consider of the propriety of receiving at a Consoli-
dated value from the citizens of this State and at the Treasury
Bills emitted by this State prior to the year 1780 in pay-
ment of outstanding Certificates and Indent * Taxes * 14-128
calculadng the value by the scale of depreciation at the
time of the date of said Bills & report thereon
Sent up by M'' Dame
The Committee on the Petition of Maj' Bradbury Cilley re-
ported that he have leave to withdraw his Pedtion on reading of
which report the veas and Nays were called and are as follows
(viz)—
Yeas. Yeas. Yeas. Yeas.
Mr Gains M'' Kellie M"" Whitcomb .M"^ Morse
M' Weeks M"- Hale M"" Prescutt M'' Stone
Mr Brown M' Dole M^ Ale.xander .M'' Baker
Mr White Mr Emerson Mr Smitli Mr Burnam
Mr Eastman Mr Barrett Mr Rand Mr Crawford
Mr Clou<,di Mr Cragin Mr Allen Mr Payne
Mr Bartfett Mr Wallace Mr WeUman Mr Tarlton
Mr Jo* Smith Mr Gerrish Mr Lane .Mr Dame
Mr Gibson Mr Stiles Mr Penniman
Nays. Nays. Nays. Nays.
Mr Sherburne Mr MeClarey Mr Bedee .Mr Page
Jlr Wentworth Mr Chamberlain Mr N Hoit Mr Temple
Mr Connor Mr Bradley Mr McMillan Mr Grout
.Mr Macgregore Mr Palmer Mr Warner Mr Duncan
Mr Blanchard Mr Badger Mr Abbott Mr Freeman
Mr Toppan Mr Giles Mr Clark Mr Young
.Mr Plummer
35 Yeas — 25 Nays So the liberty was granted & the Petition
was withdrawn —
ipO NEW HAMPSHIRE EARLY STATE PAPERS. [^79^
Voted that M^ Toppan, M"- Gains, M'' Copp, M"' Hoit & M^
Freeman with such of the Honb' Senate as ihey may join be a
Committee to consider of the propriety of receiving at a Consol-
idated value from the Citizens of this state and at the Treasur}-
bills emitted by this state prior to the year 1780 in payment of
outstanding certificate & Indent Taxes calculating the value by
the scale of depreciation at the time of the date of said Bills —
and report thereon Sent up by M' Dame
The Committee on the Account of Ozias Silsby. reported that
said Silsby be allowed four pounds eighteen [eight] shillings and
Six pence in full for taking charge and carrying sundry public
papers to different parts of this State which report being read
and considered — voted that it be received and accepted & that
the President give order for payment accordingly —
Sent up by M'' McMillan
* 14-129 * The Committee on the Petition of the Select men of New
Holderness. Reported that the Town of New Holder-
ness be credited twenty three pounds two shillings New Emission
monej' by the Treasurer out of the Tax due trom said Town tor
the year 1780 it being so much due for Seven hundred weight of
Beef delivered to Joseph Badger Jun"' deputy Collector for the Use
of this State in October 1780 — which report being read and con-
sidered voted that it be received and accepted —
Sent up b}^ M' Emerson
Upon reading and considering the Petition of Nathanael Doyne
and the Report of a Committee thereon voted that the Petitioner
be heard thereon before the General Court on the tliird Wed-
nesday of the next Session and that in the mean time the Pe-
titioner cause that Phinehas Annis of Thetford in the State of
\'ermont be served with a Copy of the Petition and order of Court
thereon Six weeks prior to the Sitting of said Court, that he may
then appear «& Shew cause why the prayer thereof may not be
granted and that all proceedings in consequence of the Judgment
mentioned in said Petition be staved until a determination of said
Court " Sent up by M"' Bartlett
Voted that M"- White, M"- Hoit M-- Abbott, M-- Crawford & M'
Page with such of the Honb' Senate as they may join be a Com-
mittee to take into consideration the proposals lodged with the
Secretary for all or an}- tracts of unlocated lands in this State and
report the proposals and also some mode for disposing of said
lands if they think proper — Sent up by M'' Gains
Adjourned to Monday next at 9 o'Clock A. M —
I791] JOURNAL OF THE HOUSE OF REPRESENTATIVES. I9I
MONDAY Jan"^ 31^' 1791.
The House met according to adjournment
The Speaker being absent motion was made for the choice of a
Speaker Protempore and John Samuel Sherburne Esq'' was
chosen for that purpose —
Vo/ed that M'' White, M'' Emerson & M"' Giles with such of
the Honb' Senate as they may join be a Committee
*to consider of the Petition of Samuel Thing and re- * 14-130
port thereon — Sent up by M'' APMillan
Upon reading and considering the Petition of the Select men of
Campton voied that the Petitioner be heard thereon before the
General Court on the Second Thursday of the next Session and
that in the mean time the Petitioners cause that the substance of
the Petition and order of Court thereon be published three weeks
Successively in the New Hampshire Gazzette Six weeks prior to
the sitting of said Court that any person or persons may then
appear and Shew cause (if any they have) whj' the prayer
thereof may not be granted — Sent up by M"' McMillan
An Act impowering the Select men of Sandwich in the County
of Strafford in said State to tax the unimproved lands in said
Sandwich owned b)' Nonresidents of said Town One penny on
each Acre for the purpose of repairing highways in said Town
was read a third time and passed to be Enacted
Sent up by M' Penniman & M"' M'Millan
Volcd that AP Kellie, M' Holmes & W Cilley with such of the
Honb' Senate as they may join be a Committee to consider of the
Petition of Aaron Davis and report thereon —
Sent up by AP M'Millan
Upon reading and considering the Petition of Thomas Pinkham
voted that the Petitioner be heard thereon betbre the General
Court on the Second Tuesday of their next Session and that in the
mean time the Petitioner cause that [the substance of the petition
and order of court thereon, be published three weeks successively
in one of the New Hampshire news-papers] [Elihu Ha3^es the
Petitionee be served with a copy of the Petition and order of
Court thereon] Six weeks prior to the Sitdng of said Court that
he [any person or persons] may then appear and Shew cause
(if any he hath [they have]) why the prayer of said Pedtion may
not be granted Sent up by M'' McMillan
[Upon reading and considering the Pedtion of the Select men
of New Durham z'o/ed that the Pedtioner be heard thereon before
192 NEW HAMPSHIRE EARLY STATE PAPERS. [179^
the General Court on the Second Tuesday of their next
* 14-131 Session and that in the mean time the Petitioners *cause
that the Substance of the Petition and order of Court
thereon be published three weeks Successively in one of the New
Hampshire News papers Six weeks prior to said day of hearing
that any person or persons may then appear and Shew cause (if
anv they have) why the prayer thereof may not be granted —
Sent up by AP Crawford]
Voied that the Account of John Parker Esq'' be referred to the
Committee on the Account of Jacob Green & Similar matters —
Sent up by M' Wentworth —
Vo^ed that M' Copp, M" Gains & AP Penniman with such of
the Honb' Senate as they may join be a Committee to consider of
Petition of the Selectmen of Middletown and that they report
thereon — Sent up by M'' Wentworth
An Act authorizing the Judge of Probate for the County of
Hillsborough to licence Rebecca Barrett to represent the Estate of
her late Husband James Barrett deceased Insolvent, was read a
third time and passed to be Enacted —
Sent up by M"" Bedee & AP Fifield
Adjourned to 3 o'Clock P. M —
Met accordingly —
Voted that AP Macgregore AP Abbott & AP Connor with such
of the Honb' Senate as they may join be a Committee to consider
of the Petition of James Murch and report thereon —
Sent up by AI'^ Freeman
An Act to enable the Select men of Alstead in the County of
Cheshire to Assess levy and collect a Tax on all the Lands of
Nonresident proprietors in said Town of two pence '^' Acre for
the purpose of repairing the public roads in said Alstead was read
a third time and passed to be Enacted —
Sent up by AP Gains & AP Wentworth
Vo/cd that AP Sherburne, Al"' Copp. AP Holmes, AP Barrett &
AP Freeman with such of the Honb' Senate as they may join be a
Committee to consider of what business is yet necessarj- to be done
at this Session and at what time this Court shall adjourn, and at
what place the General Court shall meet on the first Wednesday
in June next, also what allowance shall be made to the
• 14-132 Alembers of the Honb' Senate & House of •Represent-
atives and their Otficers for travel & attendance the
present Session and that the Honb' Council in the recess of the
General Court and report thereon — Sent up by AI'' Bedee —
I791] JOURNAL OF THE HOUSE OF REPRESENTATIVES. I93
Voted that M"" Macgregore, AP Hoit & AP Toppan with such of
the Honb' Senate as they ma}* join be a Committee to consider of
a Letter from Alexander Hamilton Esq"' and report thereon —
Sent up by M'' Dame
Voted that RP Hoit, M' Gains & W Allen with such of the
Honb' Senate as they may join be a Committee to consider of pro-
posals made by Several printers respecting printing Acts Journals
&c for the state and report thereon — Sent up by M' Burnam
Voted that the Account of Supply Clap Esq'' amounting to four
pounds one shilling and nine pence be allowed & paid out of the
Treasury by order of the President — Sent up by AP Crawford
Adjourned to 9 oClock to morrow morning —
TUESDAY February 1'' 1791.
The House met according to adjournment
An Act to alter the time of holding the Annual meeting in the
Town of Hampstead — was read a third time & passed to be
Enacted — Sent up by AP Holmes & AP Temple
The Committee on the Petition of Samuel Thing reported that
the prayer thereof be granted and that the Petitioner have leave
to bring in a Bill accordingly — which report being read and con-
sidered voted that it be received and accepted —
Sent up by AI"' Crawford
Voted that AP White, AP Warner, AI'' Badger AP Grout & AP
Baker with such of the Honb' Senate as the}' may join be a Com-
mittee to nominate to this House two proper persons in each of the
Counties in this State to be appointed a Committee for making
sale at public Auction the Excise on exciseable articles from the
first of October last to the first of January last
Sent up by AP Weeks —
* Voted that AP Dole, AP Badger & AP Emerson with * 14-133
such of the Honb' Senate as they may join be a Com-
mittee to consider of the Petition of David Johnson and report
thereon — Sent up by AP Bedee
Resolved that the Select men of the Several Towns & places in
this state be directed as soon as may be to call on the Several Col-
lectors who are delinquent in collecting the Indent & Certificate
Taxes and that they certify to the Treasurer of this state the
amount of the Sums in certificates and Indents respectively due
from the Several persons named in their lists to the Several Col-
lectors and that the Treasurer receive of the Several Collectors
194 NEW HAMPSHIRE EARLY STATE PAPERS. [^791
eight shillings in Specie for every Twenty shillings in Certificates
or Indents so certified by the said Select men to be due from the
said Individuals and the Treasurer shall receive of the said Col-
lectors for the Sums so certified to be due in Certificates or
Indents, State Notes, Certificates or Indents indiscriminately Pro-
vided alwaj's that before any collector shall avail himself of the
liberty given hereby of paying in Silver at the said rates in lieu
of Certificates and Indents he shall pay the Treasurer in state
Notes Certificates or Indents respectively all such Sums as are
now due in Certificates »S: Indents from such Collector to the
Treasurer which are not so certified, and the said Collector shall
receive of the Several persons named in their lists for all Sums
now due in Certificates & Indents, State Notes Certificates &
Indents indiscriminately for either Tax or Silver at the said rate
for either tax —
And that the Treasurer keep a particular account of the State
Notes, Certificates Indents and Specie and the amount of each he
shall receive on outstanding Certificates & Indent Taxes from each
collector — And that all Specie orders drawn by the President on
the funds of Impost excise or naval Office and Wolf certificates be
indiscriminately received in payment of anj^ outstanding Specie
Taxes Impost or Excise bonds — and that said Collectors and that
the farmers of Excise receive the Same of every Individual liable
to pay taxes —
And that said Select men shall also make return of the
* 14-134 * Several Sums of Continental & State Specie Taxes in
the hands of the Several Collectors at the Same time
that they return an Account of the Amount of Indents and Certifi-
cates uncollected — Sent up by M' Jo* Smith
Voted that M"' Payne, M"' Macgregore, M'' Page, M"' Badger and
AP Abbott be a Committee to confer with the Honb' Senate (or
such of them as they may appoint) on the subject of the revision
of the Laws and manner of proceeding respecting the Same and
report thereon — Sent up by AP Gains
Adjourned to 3 o'Clock P. M —
Met accordingly
An Act to enable John Young to re-enter an Action and have a
new trial thereon at the Superior Court — was read a third time
and motion was made that it pass to be Enacted. On which mo-
tion the Yeas and Nays were called and are as follows — (viz)
[791] JOURNAL OF THE HOUSE OF REPRESENTATIVES.
195
Mr Macgregore
Mr Eastman
M"- i\H-Clarey
M'' Chamberlain
M"- Hale
Ml- Badger
M"- Bedee
M"- M'-Millan
Nays.
M"" Gains
M"" Wentworth
Mr Connor
M"- Blanchard
Mr Weeks
Mr Toppan
M"- Brown
Yeas.
Mr Taylor
M"- Dole
Mr Warner
M"- Clark
Mr Fifield
Mr Shepherd
Mr Stiles
Nays.
Mr White
Mr Gibson
Mr Kellie
Mr Palmer
Mr Giles
Mr N Hoit
Mr Emerson
Yeas.
Mr Whitcomb
Mr Temple
Mr Rand
Mr Allen
Mr Wellman
Mr Lane
Mr Grout
Nays.
Mr Parker
Mr Barrett
Mr Abbott
Mr Cragin
Mr Gerrish
Mr Prescutt
Yeas.
Mr Holmes
Mr Penniman
Mr Morse
Mr Stone
Mr Duncan
Mr Tarlton
Mr Young
Nays.
Mr Stone
Mr Alexander
Mr Baker
Mr Crawford
Mr Payne
Mr Dame
29 Yeas — 26 Nays — so it passed to be Enacted —
Sent up by M"- Crawford & M'" Weeks
Whereas the Honb' Senate were at considerable expence the
last Summer for travel attendance &c on the trial of an Impeach-
ment exhibited b}' the Honb' House* of Representatives against
Woodbury Langdon Esquire — Therefore ]^otcd that the Secre-
tary' be directed in making up the Roll for the present Session to
add the aforesaid Travel &c of the Honb' Senate to said Roll —
Sent up by W Prescutt ■
* The Committee on the Petition of the Select men of * 14-135
Middletown reported that the Town of Middletown be
abated to the Amount of the Interest which has arisen on the fines
laid on said Town for their neglect in procuring four men for the
Continental Service agreable to a requisition of said State in the
year 1781 provided said Town shall pay into the Treasury the
principal of said fines in one year from this time — Which report
being read and considered voted that it be received and Accepted
and that the Treasurer govern himself accordingly —
Sent up by M" Prescutt
The Committee appointed at the Session in June last to receive
public Books and papers from Josiah Oilman Esq'' late State Comp-
troller — Reported that they have received the Same and after
examination have disposed of them in the following manner (viz)
those that belong to the State Comptrollers department we have
delivered to James Macgregore Esq"" and have taken his receipt
therefor —
papers relative to settlement of Continental Accounts and orders
ip6 NEW HAMPSHIRE EARLY STATE PAPERS. [^79^
&c which have been received of Nicholas Gihnan and John Tay-
lor Oilman Esqr' late state Treasurers on Sundry Settlements we
have left in the hands of the Committee on claims — There are in
the Treasury Accounts Orders for issuing Notes &c and Certifi-
cates issued by the late board of War which we beg leave to sug-
gest the propriety of being defaced — It appears that the most
of the Depreciation accounts have already been settled and those
that remain open the probability is that thej^ are principally for
services done by foreigners who are either dead, left the Country
or where a Soldier deserted previous to the time he engaged to
Serve
The propriety of any more of those accounts being Settled unless
b}' Special order of the General Court is Submitted by —
Nath" Rogers ) ^
TVT .uii r^■^ t- Committee
Nath" Cjilman )
Which report being read and considered voted that it be received
and accepted and that Supply Clap Nathanael Rogers & Nath"
Oilman Esqr' be a Committee to deface the orders men-
* 14-136 tioned in said rejDort in such way and manner * as they
ma}- judge proper — Sent up by AP Holmes
Upon reading and considering the Petition of a number of the
Inhabitants of Hopkintown and other Towns adjacent praying for
liberty of raising one thousand pounds by way of a Lottery towards
establishing an Academy in said Hopkinton — voted that the
prayer thereof be granted and that they have leave to bring in a
Bill accordingly — Sent up by M' Holmes
Voted that AP Holmes AP Temple & AP Kellie with such of
the Honb' Senate as they may join be a Committee to consider of
the Petition of Richard Colomy and report thereon —
Sent up by M'' Smith
An Act authorizing, the Executors of Samuel Marsh's will to
sell certain real estate, was read a third time and passed to be
Enacted — Sent up by M'' Holmes & M'' Temple
Resolved that the President with advice of Council give order
for the payment of such sums as may be found due to the Mem-
bers of the Council and House of Representatives of the late
Province of New Hampshire for their attendance during the last
two years previous to the Commencement of the late Revolution
at the rate of Seven shillings f*'' day for each Member of Council
and Six shillings ^'' day for each Member of the House pursuant
to a vote of the Legislature at their present Session for that pur-
pose — Sent up b}' M"' Shepherd
Adjourned to 9 o'Clock to morrow morning
[791] JOURNAL OF THE HOUSE OF REPRESENTATIVES.
197
WEDNESDAY Feb" 2" 1791.
The House met according to adjournment
An x\ct confirming the title of certain lands in the vendee or
vendees of John Neal Esq'' was read a third time and passed to be
Enacted — Sent up by M'' Bradlej' & M' Abbott
* Vo/cd that Thursday' the Seventh day of April next * 14-137
be observed and kept as a day of Public fasting humil-
iadon and prayer throughout this state and that his Excellency
the President Seasonably issue a proclamation for that purpose —
Sent up by M"' Sdles
Voied that M"- White M-" M-^^Millan, M^ Abbott M-- Holmes &
M' Payne with such of the Honb' Senate as they may join be a
Committee to consider of the Pedtion of Timothy Walker Esq"'
and others and report thereon — Sent up b}^ M'' Cilley —
The Committee on the Peddon of Ebenezer Brown & others and
the Peddon of Josiah Willard and others reported that the Treas-
urer be directed to stay the extents against Eleazer Brown Samuel
Lane Jonas [James] Twitchel and John Thompsom for the Sev-
eral Sums they intrusted in the hands of Jonathan Gaskill deceased
as set forth in their Peddon until the next Session of the General
Court and that Josiah Willard and others have leave to withdraw
their Pedtion — which report being read and considered vo/ed
that it be received and accepted — Sent up by Ar Duncan
On Motion for the Salary of the chief Justice to be Two hun-
dred pounds a year, the yeas and Nays were called and are as
follows (viz) —
Yeas.
i\f Warner
Mr Barrett
Yeas.
M>- Gains
Mr Sherburne
Mr Wentworth
M' Connor
M"" Macgregore
m Weeks
AK Toppan
Mr Brown
Nays.
M"- Blanchard
Mr White
Mr Eastman
Mr Chamberlain
M'' Jo* Smith
iVTr Gibson
*.M'- Allen
Mr Lane
Mr Kellie
Mr Cillev
Mr Mi-Ciarev
Mr Bradlev'
Mr Bartlett
Mr Hale
Mr Badijer
Mr Giles
Mr M^'.Millan
Nays.
Mr Palmer
Mr Bedee
Mr Hoit
Mr Copp
Mr Taylor
Mr Grout
Mr Holmes
Mr Dole
Mr .Abbott
Mr Clark
Mr Page
Mr Stiles
Mr Alexander
Mr Temple
Nays.
Mr Emerson
Mr Parker
Mr Cragin
Mr Fifield
Mr Gerrish
Mr Baker
Mr Crawford
Mr Flanders
Yeas.
Mr Wellman
Mr Penniman
Mr Morse
Mr Stone
Mr Duncan
Mr Freeman
Mr Payne
Nays.
Mr Shepherd
Mr Whitcomb
Mr Prescutt
Mr Smith
Mr Rand
Mr T,arlton
Mr Dame
Mr Young
* 14-138
NEW HAMPSHIRE EARLY STATE PAPEI
[179I
31 Yeas — 33 Nays — so it passed in the negative and One hun-
dred and Eighty pounds Was agreed on
On motion that the other Justices of the Superior Court have a
Salary of One hundred & thirty pounds a Year, the yeas and nays
were called and are as follows
Yeas. Yeas.
M>' Macgregore M'' Bedee
M' Weeks Mr Copp
Mr White M"- Tavlor
M"^ Eastman M^ Dole
Mr Bradley M"" Barrett
Mr Kellie M"- Rand
Mr Prescutt Af Abbott
M>- Hale Mi- Cragin
Nays. Nays.
Mr Gains M"- M<'CIarey
M'' Sherburne M"" Chamberlain
.Mr Wentworth M"- Bartlett
M»' Connor W Jo^ Smith
Mr Blanchard M^ Gibson
[.Mr Weeks] M-" Palmer
.Mr Toppan Mr Giles
Mr Brown [Mr Bedee]
Mr Cilley Mr M-^^Millan
30 Yeas — 32 [34] Nays — so it passed in the Negative and
One hundred and forty pounds [per year] was agreed on —
An Act for establishing Salaries of a fixed and permanent value
for the Justices of the Superior Court was read a third time and
passed to be Enacted — Sent up b)' M'' Warner & M^ Iloyt
An Act to impower Samuel Thing to sell a parcel of Land Sit-
uate in Exeter the property of his wife by descent from her father
Joshua Wilson was read a third time and passed to be Enacted —
The Committee on the subject matter of the revision of the Laws
and manner of proceedure respecting the same reported that the
General Court proceed to compleat the revision of the
* 14-139 Laws the present Session, that after * the third reading
in the House they pass to be engrossed that a Com-
mittee of one Member from each Branch be appointed to exam-
ine and compare the Same after engrossing and report thereon —
And that they take effect the first day of November next — which
report being read and considered voted that it be received and
accepted — Sent up by M' Bedee
Adjourned to 3 o'Clock P. M.
Yeas.
Mr Fifield
.Mr Gerrish
.Mr Flanders
.Mr Shepherd
.Mr Whitcomb
.Mr Allen
.Mr Lane
Nays.
Mr Emerson
Mr Warner
Mr Parker
Mr Clark
Mr Page
Mr Stiles
Mr .Ale.xander
.Mr Temple
Yeas.
Mr Grout
Mr Holmes
Mr Morse
Mr Baker
Mr Crawford
Mr Tarlton
Mr Dame
Nays.
Mr .M Smith
Mr Wellman
Mr Penniman
Mr Stone
.Mr Duncan
Mr Freeman
Mr Payne
Mr Young
jgi] JOURNAL OF THE HOUSE OF REPRESENTATIVES.
199
Met accordingly —
Vo/cd that M'' Macgregore with such of the Honb' Senate as
they may join be a Committee to examine and compare the en-
grossed bills, agreably to a report of this day —
Sent up by M' Wentworth
An Act to authenticate and make valid two certain deeds Exe-
cuted by Zachariah Foss of Portsmouth in the state aforesaid
Gentleman to John Phillips of Newport in the state of Rhode
Island and by said Phillips to John Wendall of Portsmouth was
read a third time and passed to be Enacted —
Sent up by M'' Gains & M"' Holmes
Upon reading and considering the Petition of Stephen Harford
voted that the Petitioner be heard thereon before the General
Court on the Second Thursday of the next Session & that in
the mean time the Petitioner cause that Thomas Shannon of
Dover be served with a Copy of the Petition & order of Court
thereon Six weeks prior to the sitting of said Court that he may
then appear and shew cause why the prayer thereof may not be
granted and that Execution be stayed until a decision be had by
the General Court — Sent up by M"' Gains
Voted that any person or persons have liberty to remove a pier
that was built by this State for a Bridge near Cap' John Blunts at
New Castle at a place in the river at Portsmouth called and known
by the Name of the Sunken rocks and fixing the Same there as a
Monument for Mariners provided this state is at no expence
therefor — Sent up by M' Morse
On the Second reading of a Bill for the encouragement of rais-
ing hemp the yeas and naj's were called respecting paying nine
shillings bounty for each hundred weight raised by any one per-
son, and are as follows (viz)
*Yeas.
M"" Gains
M' Sherburne
M"" Wentworth
Mr Connor
Mr Blanchard
M'- Weeks
Ml' Brown
M-- White
Af Eastman
Yeas.
Mr Cilley
Mr M^larey
M' C lough
M'' Chamberlain
M-- Bradley
.AK Bartlett
Mr Jos Smith
i\K Hale
M'- Bedee
Yeas.
Ml- Copp
M'- Taylor
M-- Warner
Mr Gerrish
Mr Prescutt
M"- Alexander
.\K Wellman
Mr Morse
Yeas.
Mr Duncan
Mr Baker
Mr Burnam
Mr Freeman
Mr Payne
Mr Ta'rlton
Mr Young
Mr Eames
14-140
NEW HA^IPSHIRE EARLY STATE PAPERS.
[179I
Nays.
M'' Gibson
M^ Kellie
M'' Palmer
M' Giles
M' Holt
Mr Parker
M' Barrett
Nays.
Nays.
Nays.
iM'- Clark
Mr Stiles
Mr Lane
M>- Cragin
Mr Whitcomb
Mr Grout
Mr Fifield
Mr Temple
Mr Pennimar
Mr Flanders
Mr M Smith
Mr Stone
Mr Page
Mr Rand
Mr Crawford
Mr Shepherd
Mr Allen
Mr Dame
34 Yeas — 25 Nays — so it passed in the affirmative
On the clause of the Bill for extending the time for paying said
bounty to the term of three years the yeas and nays were called
and are as follows (viz) —
Yeas.
Yeas.
Yeas.
Yeas.
Mr Gains
Mr Cillev
Mr Taylor
Mr Baker
Mr Sherburne
Mr M^-Ciarev
Mr Dole
Mr Burnam
Mr Wentworth
Mr Clough
Mr Emerson
Mr Freeman
Mr Connor
Mr Chamberlain
Mr Warner
Mr Pavne
Mr Macgregore
Mr Bradley
Mr Gerrish
Mr Ta'rlton
Mr Weeks
Mr Jos Smith
Mr Prescutt
Mr Young
Mr Toppan
Mr Hale
Mr Ale.xander
Mr Eames
Mr Brown
Mr M-^Millan
Mr Holmes
Nays.
Nays.
Nays.
Nays.
Mr White
Mr Copp
Mr Page
Mr Wellman
Mr Eastman
Mr Parker
Mr Shepherd
Mr Lane
Mr Bartlett
Mr Barrett
Mr Stiles
Mr Grout
Mr Gibson
Mr Abbott
.Mr Whitcomb
Mr Penniman
Mr Kellie
Mr Clark
Mr Temple
Mr Morse
Mr Palmer
Mr Cragin
Mr M Smith
Mr Stone
Mr Badger
Mr Fifield
Mr Rand
Mr Crawford
Mr Bedee
Mr Flanders
Mr Allen
Mr Dame
MrN Holt
31 Yeas — 33 Naj's — so it passed in the Negative and two
years were agreed on for the continuance of said Act —
Voted that M"' Allen, M"' Gerrish & M"' Burnam with sucli of
the Honb' Senate as they may join be a Committee to consider of
the Account of Samuel Bean & report thereon
Sent up by M" Holmes —
* 14-141 * Adjourned to 9 o'Clock to morrow morning —
THURSDAY February f 1791 —
Tlie House met according to adjournment
An Act to enable Jonathan Blake to renew an Action in the
County of Grafton which was commenced by him in the County
of Rockingham against Josiah Burnam was read a third time and
passed to be Enacted — Sent up by M' Holmes & M' Temple
I79I.
JOURNAL OF THE HOUSE OF REPRESENTATIVES.
The Committee on the Petition of James Murch reported that
(having considered the Same and the facts therein stated being
fully Substantiated) the prayer of said Petition be granted and that
the Petitioner have leave to bring in a Bill accordingly which
report being read and considered voted that it be received and ac-
cepted — Sent up b}- M'' Holmes
An Act to encourage the Culture of Hemp within this State was
read a third time and motion was made that it pass to be Enacted
— on which motion the Yeas and nays were called and are as
follows — (viz)
Yeas.
Yeas.
Yeas.
Yeas.
M'- Gains
Mr Clough
Mr Warner
Mr Tarlton
AK Sherburne
Mr Chamberlain
Mr Gerrish
Mr Young
Mr Wentworth
Mr Kimball
Mr Prcscutt
Mr Fames
Mr Connor
Mr Jo^ Smith
Mr Alexander
Mr Eastman
Mr Macgregore
Mr Hale
Mr Bradley
Mr Hill
iM-- Weeks
Mr M'^Millan
Mr Baker
Mr Bartlett
Mr Toppan
Mr Tavlor
Mr Morse
iVlr Gibson
Mr White
Mr Dole
Mr Freeman
Mr Kellie
M'- Cilley
Mr Emerson
Mr Payne
Mr Wellman
Mr MoClarey
^
Nays.
Nays.
Nays.
Nays.
Mr Blanchard
Mr Copp
Mr Page
Mr Lane
Mr Brown
Mr Parker
Mr Shepherd
.Mr Grout
Mr Giles
Mr Barrett
Mr Stiles
Mr Penniman
Mr Palmer
Mr Clark
Mr Whitcomb
Mr E. Hoyt
Mr Badger
Mr Cra<;in
Mr Temple
Mr Stone
Mr liedee
Mr Fifiekl
.Mr Rand
Mr Crawford
Mr N Hoit
Mr Flanders
Mr Allen
Mr Dame
37 Yeas — 28 Navs — so it passed to be Enacted —
Sent up by M'' Holmes & M'' Temple
Upon reading and considering the Petition of Bradbury Cilley
Esq'' for abatement in Excise voted that the further consideration
thereof be postponed to the next June Session and that the Treas-
urer be directed to stay his Extents against said Cillej- for the
Sums due on his Excise bonds until said June Session —
Sent up by M'' Prescutt
•Adjourned to 3 o'Clock P. M — * 14-142
Met accordingly
Voted that M"' Sherburne, M' Barrett." M'' Allen, M'' Whitcomb
& j\P Abbott with such of the Honb' Senate as the}' may join be
a Committee to consider of the Petition of Gen' John Stark and
report thereon — Sent up by AP Chamberlain
202 NEW HAMPSHIRE EARLY STATE PAPERS. [l79I
The Committee to consider what methods are necessary to be
taken on the part of this State to obtain a just settlement of Ac-
counts and demands between the United states and this State
agreable to the Acts of Congress. Reported that there be a
fair statement of all the paj'ments & allowances that have been
made by the State to Towns or to Individuals for services or Ex-
penditures in the common defence during the late war not already
stated & Sent forward for allowance — That the Several Sums
allowed & reported by the Commissioners that were for that pur-
pose appointed in the year 1786 and whose powers were extended
& defined by sundry subsequent votes and Resolves of the Gen-
eral Court be also included and that three Commissioners be now
appointed by and on the part and behalf of this state to Collect
the Accounts papers and vouchers necessary for making the
above statement and for such other and further charges as may
in the opinion of the Commissioners be Exhibited by this slate
against the United states by virtue of the Several Acts & ordi-
nances of Congress — And that said Commissioners certify such
statement to be forwarded to the board of Commissioners of the
United States whose province it may be to receive the Same in
Such way and manner as the President of this State may direct —
which report being read and considered voted that it be received
and Accepted — Sent up by M' Kellie
Adjourned to 9 o'Clock to morrow morning
FRIDAY Feb^^ 4'" 1791 —
The House met according to adjournment
* 14-143 An Act granting to Joseph Kimball Esquire the * exclu-
sive right or priviledge of making Waterquechee falls
in Connecticut river navigable for boats — was read a third tiine
and passed to be enacted — Sent up by M'' Hoyt & M'' Gerrish
An Act for altering the Places for holding the Courts in the
County of Strafford — was read a third time and passed to be En-
acted — Sent up by W Hoyt & M"' Gerrish
Upon reading and considering the Petition of [the Select men
of] Northumberland Lancaster & Stratford voted that it be re-
ferred to the Committee on the Petition of Timothy Walker Esq' and
others and that they report thereon — Sent up by M' Fames —
The Committee on the Petition of Jacob Green & Enoch No3'es —
W" Duncan & Dan' Livermore — Rich'' Bartlett & John Bryant —
Select men of Pembrook & Bow respecting bridges and the Peti-
1791] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 2O3
tion of Benjamin Noyes for a ferry — Reported that the prayer of
the petition of said Benjamin Noyes be granted & that he have
leave to bring in a Bill tor that purpose —
That as the said Duncan & Livermore have withdrawn their
Petition and joined in the prayer of the Pedtion of said Green &
Noyes — And the said Bardett and Bryant having agreed that the
Peddon of the said Select men of Pembrook and Bow be supported
in prefterence to their aforesaid Peddon and the Committee having
by a Sub Committee from among themselves obtained informadon
respecdng the Premises further reported that the prayer of the
Petidon of said J Green & E Noyes be so far granted as that they
& their Associates have a Grant of a priviledge for the exclusive
right of building and keeping up a Toll bridge over Merrimac
river at the Isle Hookset falls so called or at any more convenient
place within one mile either above or below said falls, they enter-
ing into bond in a reasonable Sum to build and compleat said
bridge within such dme and Subject to such rules and reguladons
as the General Court may direct and that the Petidoners have
leave to bring in a Bill for that purpose — And also that the said
Green and Noyes & Associates have the exclusive right
of building and maintaining a * toll bridge across said * 14-144
Merrimac river near Garvens falls so called or at any
other more convenient place upon said river between the right of
ferry lately Occupied by Samuel Butters and the limits of the
aforemendoned right or grant tor the Isle Hookset bridge so Called
provided that the said Green and Noyes and their Associates will
immediately give bond in a Reasonable Sum as the General Court
may direct to build erect and compleat said bridge within two years
or such other time and subject to such rules and regulations as the
Court may think proper but in case the said Green & E Noyes
with their associates shall not consent and agree to give such Bond
then and in that case the said last mendoned right & priviledge
for building and keeping up a toll bridge be alike granted to the
said Select men of Pembrook and their Associates upon the same
conditions and Subject to the Same rules & regulations aforesaid
and that they have leave to bring in a Bill accordingly — which
report being read and considered voted that it be received and
accepted — Sent up by M'' Chamberlain
On modon that there be post roads & post riders established in
this State the yeas & Nays were called and are as follows
204
NEW HAMPSHIRE EARLY STATE PAPERS.
[179I
Yeas.
Yeas.
Yeas.
Yeas.
Mr Connor
Mr Palmer
Mr Gerrish
Mr CraNvford
M-- Blanchard
Mr Badger
Mr Page
Mr E Hoit
M'' Macgregore
Mr Bedee
.Mr Temple
Mr Freeman
Mr White
Mr N Hoit
Mr Grout
Mr Payne
Mr MeClarey
Mr Copp
.Mr Holmes
Mr Tarlton
Mr Clough
Mr M^'Millan
Mr Duncan
Mr Dame
Mr Chamberlain
Mr Taylor
Mr Baker
Mr Young
Mr Bradley
Mr Warner
Mr Burnam
Mr Fames
Mr Bartlet't
Mr Abbott
Nays.
N.ays.
Nays.
Nays.
Mr Gains
Mr Smith
Mr Wallace
Mr Rand
Mr VVentworth
Mr Gibson
Mr Fifield
Mr Allen
Mr Weeks
Mr Kellie
Mr Flanders
Mr Wellman
Mr Toppan
Mr Hale
Mr Shepherd
Mr Lane
Mr Brown
Mr Dole
Mr Stiles
Mr Penniman
Mr Eastman
Mr Parker
Mr Whitcomb
Mr Morse
Mr Plummer
Mr Barrett
Mr Prescutt
Mr Stone
Mr Hill
Mr Clark
Mr Ale.xander
Mr Kimball
Mr Cilley
34 Yeas — 33 Nays, so it passed in the affirmative —
* 14-145 * On motion that there be four post riders employed
on different routs — the yeas and nays were called and
are as follows —
Yeas.
Yeas.
Yeas.
Yeas.
Mr Connor
Mr Palmer
Mr Gerrish
Mr Burnam
Mr Macgregore
Mr Badger
Mr Page
Mr Crawford
Mr Blanchard
Mr Bedee
Mr Prescutt
Mr E Hoit
Mr White
Mr N Hoit
Mr Temple
Mr Freeman
Mr McClarey
Mr Copp
Mr Wellman
Mr Payne
Mr Clough
Mr M^-Millan
Mr Lane
Mr Dame
Mr Chamberlain
Mr Dole
Mr Grout
Mr Young
Mr Bradley
Mr Warner
Mr Holmes
Mr Eames
Mr Bartlett
Mr Abbott
Mr Baker
Nays.
Nays.
Nays.
Nays.
Mr Gains
Mr Jo>* Smith
Mr Clark
Mr Alexander
Mr Weeks
Mr Gibson
Mr Wallace
Mr Rand
Mr Toppan
Mr Kellie
Mr Fifield
Mr Allen
Mr Brown
Mr Hale
Mr Flanders
Mr Penniman
Mr Eastman
Mr Taylor
Mr Shepherd
Mr Morse
Mr Plummer
Mr Parker
Mr Stiles
Mr Stone
Mr Hill
Mr Barrett
Mr Whitcomb
Mr Kimball
Mr Cilley
35 Yeas — 29 Nays — so it passed in the affirmative
Adjourned to 3 o'Clock P. M —
1791] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 205
Met accordingly —
Upon reading and considering the proposal of Nicholas Austin
— voted that it be referred to the Committee on proposals made
for unlocated lands and that they report thereon —
Sent up by A'P Holmes —
Voted that M' Macgregore M'' Hoit M'' PageM"' Whitcomb M"'
Payne, M'' Allen & M'' Barrett be a Committee to report the Sev-
eral routs for post riders, and the conditions on which they can
engage said post riders —
Adjourned to 9 o'Clock to morrow morning
SATURDAY Feb^' 5'" 1791 —
The House met according to adjournment
An Act to impower John Calfe, Ebenezer Webster and Nathan-
ael Weare to take back and rectify a certain report by them made
to the Superior Court in a cause wherein John Qiiinby Sanborn
of Candia was Plaintiti' and Samuel Corser Defendant — was
read a third time and passed to be Enacted —
Sent up by M' M'Millan & M"' Brown
The Committee on printers accounts reported that George
Hough be allowed twent}' two pounds live shillings and nine pence
in full for his Account, which report being read and
* considered, voted that it be received and Accepted * 14-146
and that the President give order for payment of said
Sum on the Revenue arising by excise —
Sent up by M' McMillan
The Committee on the Petition of Aaron Davis reported that
the prayer be so far granted as that the extent for the year 1788
be stayed until the next Session of the General Court so far as it
respects the state — which report being read and considered voted
that it be received and accepted and that the Treasurer govern
himself accordingly Sent up by M"' Dole
The Committee on the routs for post riders &c Reported that
there be four routs (viz) The first beginning at Concord from
thence to [Weare,] New Boston, Amherst, Wilton Temple Peter-
borough Dublin, Marlborough Keene Westmoreland Walpole
Langdon Acworth Charlestown Claremont Newport Dempster
Washington Hillsborough Hinnekar Hopkinton to Concord —
The Second from Concord to Boscawen Salisbury Andover
New Chester Plymouth Haverhill Piermont Orford Lime Hanover
Lebanon Enfield Canaan Grafton Alexandria Salisbury to Con-
cord —
2o6
NEW HAMPSHIRE EARLY STATE PAPERS.
[179I
The third from Portsmouth to Exeter Kingstown Plastow
Hampstead Chester Londonderry Litchfield Goffstovvn Bow to
Concord & to return through Pembrook Deerfield Nottingham and
by the waj' of New Markett bridge to Portsmouth —
The fourtli from Portsmouth to Dover Rochester Wakefield
Ossipee Tamworth, Sandwich Center harbour Plymouth, New
Hampton, Merrideth Gilmantown Barnstead Barrington New
Market bridge to Portsmouth — which report being read and con-
sidered Motion was made that it be received and Accepted — On
which Motion the veas and nays were called and are as follows
(viz)-
•U-U7 *Yeas.
Yeas.
Yeas.
Yeas.
Mr Gains
Mr Bartlett
Mr M<^Mman
Mr Duncan
Mr Wentworth
Mr Jo^ Smith
Mr Dole
Mr Baker
Mr Macgregore
Mr Palmer
Mr Warner
Mr Crawford
M-- Blanchard
Mr Hale
Mr Clark
Mr E Hoit
M-- Brown
Mr Badger
Mr Gerrish
Mr Freeman
Mr Hill
Mr Giles
Mr Page
Mr Pavne
Mr M'-Clarey
Mr Bedee
Mr Stiles
Mr Ta'rlton
Mr Clough
MrN Hoit
Mr Temple
Mr Young
Mr Chamberlain
Mr Copp
Mr Grout
Mr Dame
M"- Bradley
Nays.
Nays.
Nays.
Nays.
Mf Weeks
Mr Parker
Mr VVhitcomb
Mr Lane
Mr Eastman
Mr Barrett
Mr Prescutt
Mr Penniman
Mr Plummer
Mr Abbou
Mr Alexander
Mr Morse
M' Gibson
Mr Cragin
Mr Rand
Mr Stone
Mr Kellie
Mr Wallace
Mr Allen
Mr Kimbal
Mr Taylor
Mr Fifield
Mr Wellman
Mr Eames
iM"' Emerson
Mr Shepherd
read
37 Yeas — 26 Nays — so it passed in the affirmative
An Act regulating process of trial in civil causes, w<
third time and passed to be Enacted —
Sent up by M"' Holmes & M' Gerrish
An Act regulating Fees, was read a third time and passed to be
Enacted — Sent up by M'' Holmes & M'' Gerrish
An Act regulating Pounds — was read a third time and passed
to be Enacted — Sent up by M"' Holmes & M"' Gerrish
An Act annulling a Judgment recovered at the Superior Court
of Judicature holden in the Count}- of Grafton October Term, one
thousand Seven hundred and ninety by George Eager and James
Moore against James Murch and granting a new trial in the Action
in which said Judgment was rendered — was read a third time
and passed to be Enacted —
Sent up by M' Freeman & M' Plummer
1791] JOURNAL OF THE HOUSE OF REPRESENTATIVES.
207
On motion that the President with advice of Council be re-
quested to agree with Post riders but not to exceed one penny '^''
mile for their Service — the yeas & naj-s were called and are as
follows (viz)
Yeas. Yeas. Yeas. Y'eas.
4-148
M-- Gain.s
Mr Chamberlain
Mr Copp
Mr Holmes
lAK Wentworth
iM'- Bradley
Mr M>MiIIan
Mr Baker
Mr Macgregore
M'- Palmer
Mr Gerrish
Mr Crawford
M-- Hill
Mr Hale
Mr Page
Mr Freeman
Mr M<^CIarey
Mr Badger
Mr Temple
Mr Payne
M-- Clough
Mr N Hoit
Mr Grout
Mr Tarlton
•Nays.
Nays.
Nays.
Nays. *I^
M-- Weeks
Mr Giles
Mr Cragin
Mr Lane
Mr Toppan
Mr Taylor
Mr Shepherd
Mr Penniman
W^ Brown
Mr Emerson
Mr Stiles
Mr Morse
M-' Eastman
Mr Warner
Mr Whitcomb
Mr Stone
W Plummer
Mr Parker
Mr Prescutt
Mr Kimball
Mr Bartlett
Mr Barrett
Mr Rand
Mr Duncan
M"- Jo^ Smith
Mr Abbott
Mr Allen
Mr E Hoit
M-- Gibson
Mr Clark
Mr Wellman
Mr Young
M' Kellie
24 Yeas — 33 Nays — so it passed in the Negative
Vo/cd that M' Plummer, M'' Hoit, M' Warner M' Allen and
M' Young be a Committee to report what sum they may judge
proper to be allowed to the several post riders in the Several routs
prescribed by a vote of this day
An Act to restore William Burrows to his Law — was read a
third time and passed to be Enacted —
Sent up by M^ Gibson & M"- Temple
Adjourned to Monday next at 9 o'Clock A M
MONDAY Feb« 7'" 1791.
The House met according to adjournment
Vo/cd that M'' Warner, M"' Holmes & M'' Barrett with such of
the Honb' Senate as they may join be a Committee to consider of
the Petition of Thomas Penniman Esq' in behalf of the Inhabitants
of Washington and report thereon Sent up by M'' Young
An Act to restrain the taking unlawful Interest was read a third
time and passed to be Enacted —
Sent up by M' Young & M'' Eames
An Act for the Suppressing of Lotteries — was read a third time
and passed to be Enacted — Sent up by M' Young & M'' Hale
208 NEW HAMPSHIRE EARLY STATE PAPERS. [l79I
An Act for laying out highways, was read a third time and
passed to be Enacted — Sent up by M' Young & M' Hale
An Act for the taking affidavits out of Court — was read a third
time and passed to be Enacted —
Sent up by M' Young & M'' Hale
An Act for setting off debts, mutual demands & Executions
against each other — was read a third time and passed to be En-
acted — Sent up by M' Young & M' Hale
* 14-149 * The Committee on the Pedtion of John Wendall Esq' in
behalf of the proprietors of Lyman having examined the
Invoices prior to the year 1786 and votes of Court respecting the
taxes on said Town Reported that said proprietors be abated ninety
eight pounds one shilling and five pence out of their Certificate
Tax and Seven pounds Seventeen shillings out of their New Emis-
sion Tax in full for all demands for services done by the Inhab-
itants or proprietors or for any demands for being doomed too
high — which report being read and considered vo/cd that it be
received and accepted — Sent up by M' Young
An Act for the relief of Idiots and distracted persons was read
a third time and passed to be Enacted —
Sent up by M' Young & M"' Hale
Adjourned to 3 o'Clock P M —
Met accordingly —
An Act to impower the Inhabitants of Lyman in the County of
Grafton to levy a Tax on all the lands public rights excepted in
said Town for making and repairing highways therein — was read
a third time and passed to be Enacted —
Sent up by M' Young & M' Hale
An Act authorizing Ephraim Putnam Joseph Herrick & Jonas
Kidder to sell the real estate of Thomas Pringell deceased for the
Benefit of his widow, was read a third time and passed to be En-
acted — Sent up by M^ Young & M'' Hale
An Act for the convenient and Speedy assignment of Dower,
was read a third time and passed to be Enacted —
Sent up by M' Freeman & M'' Gibson
An Act relative to common fields and regulating fences was read
a third time and passed to be Enacted —
Sent up by M' Tarlton & M"' Emerson
The following vote came down from the Honb' Senate for Con-
currence —
In Senate February 7'" 1791 — Vo/cd that M' Smith & M' Free-
man with such of the Honb' House as they may join be a Com-
I791] JOURNAL OF THE HOUSE OF REPRESENTATIVES.
mittee to consider the Subject matter of a Resolve passed by the
Honb' House on the 21" of January last concerning extents issuing
against the Select men of Concord in the County of Grafton or the
Select men of Concord alias Gunthwait or any Inhabi-
tant thereof for any Taxes due * from said Town prior * 14-150
to the year 1788 and report thereon Was read and con-
curred & M'' Connor, M'' Emerson and M'' Cilley joined —
Sent up by M'' Tarlton
Adjourned to 9 o'Clock tomorrow morning
TUESDAY Feb^ 8"
1791
The House met according to adjournment
The Committee appointed to report what sum they may judge
proper to be allowed to the several post riders Reported that the
Post riders who shall have the lirst and Second routs prescribed in
said vote shall have twelve pounds each and for the third rout nine
pounds and for the fourth rout ten pounds for Six months to be
paid out of the public Treasur\' — On which report the yeas &
naj's were called and are as follows — (viz)
Yeas.
Yea.s.
Yeas.
Yeas.
M'' Gaines
\lr Kellie
Mr Stiles
Mr Crawford
M'- Sherburne
Mr Palmer
Mr Temple
Mr Hoit
M'' Connor
Mr Hale
Mr Wellman
Mr Freeman
M>' Macgregore
Mr Badger
Mr Lane
Mr Tarlton
M-^ Hill
Mr N Hoit
Mr Grout
Mr Dame
Mr McClarey
Mr Copp
Mr Duncan
Mr Young
M'^ Bartlett
Mr Page
Mr Baker
Mr Cilley
Nays.
Nay.s.
Nays.
Nays.
M' Blanchard
.Mr Gibson
Mr Shepherd
Mr Penniman
M' Weeks
Mr Tavlor
Mr Whitcomb
Mr Morse
M"- Brown
Mr Pafker
Mr Prescutt
Mr Stone
M'' Eastman
Mr Barrett
Mr Rand
Mr Kimball
Mr Plummer
Mr Clark
Mr Allen
Mr Eames
Mr Jos Smith
Mr Fifield
28 Yeas —
■22 Nays — So it
passed in the affi:
rmative
On reading and considering the Bill for regulating licensed
houses as amended by the Senate — the 3-eas and naj's were
called and are as follows, (viz)
Mr Toppan
Mr Hill
Mr Jos Smith
Mr Kellie
Mr Palmer
Mr N Hoit
Mr Taylor
Mr Dole
Yeas.
Mr Emerson
Mr Parker
Mr Barrett
Mr Clark
Mr Cragin
Mr Wallace
Mr Fii^eld
Mr Gerrish
Yeas.
Mr Shepherd
Mr Whitcomb
iMr Rand
Mr Allen
Mr Wellman
.Mr Lane
Mr Kimball
Mr Duncan
Mr Baker
Mr Crawford
Mr Freeman
Mr Payne
Mr Ta'rlton
Mr Dame
Mr Young
NEW HAMPSHIRE EARLY STATE PAPERS.
[179I
* 14-151 *Nays.
Nays.
Nays.
Nays.
M'- Gains
iM>- Cillev
Mr Giles
Mr Alexander
M>- Sherburne
Mr McClarey
Mr Copp
Mr Temple
Mr Wentworth
Mr Chamberlain
Mr McMillan
Mr Grout
M'' Connor
Mr Bradley
Mr Warner
Mr Penniman
M"- Blanchard
Mr Bartlett
Mr Flanders
Mr Morse
iM>- Weeks
Mr Gibson
Mr Page
Mr Stone
Mr Brown
Mr Hale
Mr Stifes
Mr E Hoit
Mr Eastman
Mr Badger
Mr Prescutt
Mr Eames
Mr Plummer
31 Yeas — 33 Naj's — So it passed in the negative
Voted that M'' Plummer, M'' Gerrish & INP Sherburne with such
of the Honb' Senate as they may join be a Committee to take
under consideration the Bill regulating licensed houses and report
such alterations & amendments as the}- may judge necessaiy —
Sent up by M' Toppan
Voted that M' Macgregore & M'' Emerson be joined to the
Committee on the Petition of Timothy Walker Esq"' and others
instead of M"' White tS: M"' Abbott who are absent —
Sent up by M' Toppan
Upon reading and considering the Petition of George Turner
and Thomas Simpson voted that the prayer thereof be granted
and that they have leave to bring in a Bill accordingly —
Sent up by M"' Wentworth
Upon reading and considering the Petition of Alexander
Plumbley voted that the Petitioner be heard thereon before the
General Court on the third Wednesday of their next Session and
that in the mean time the Petitioner cause that Col" Ebenezer
Brewster be served with a Copy of said Petition and order of
Court thereon Six weeks prior to the sitting of said Court that he
may then appear and Shew cause if any he hath wh}- the prayer
thereof may not be granted and that the Execution against said
Plumbley be stayed until the decision of the General Court
Sent up by M'' Freeman
Adjourned to 3 o'Clock P. M —
Met accordingly —
An Act allowing a certain premium for killing wolves was read
a third time & passed to be Enacted —
Sent up by M'' Gains & M"' Cragin —
* 14-152 *The Committee on the propriety of ceeding the light
House in this State to the United States &c Reported
that the Light House at Fort point with the property and Jurisdic-
tion of two Acres three roods &. thirty three poles of land on the
^79^] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 211
neck at Great Island containing the whole wedth of said neck up
to the lands claimed by Bells Heirs agreably to the plan taken by
order of the General Court be ceeded to the'United States reserv-
ing to the State the right of pursuing & apprehending all persons
who may escape from the pursuit of any officers of this state &
take refuge within said territory and that a Bill be brought in for
that purpose — which report being read and considered voted that
it be received and accepted — Sent up by M' Gains
Upon reading and considering the Petition of the Select men of
Cpnway rolcd that it be referred to the Committee on the Petition
of Timothy Walker Esq"' and others and that they report thereon —
Sent up by M"' Gains
The Committee on the Petition of the Select men of Wendall
having examined the Several Assessments of Taxes on said Town
for the year 1777 and to the year 1783 Inclusive find said Town
was over doomed in a Comparative view with other Towns —
Therefore reported that said Town be abated the Sum of One
hundred & Eighty four pounds out of their Certificate taxes and
that the Treasurer settle the Same with the Select men of said
Town who are to account with the Nonresident proprietors for
their proportion of the Same — which report being read and con-
sidered voted that it be received and accepted and that the Treas-
urer govern himself accordingly Sent up by M'' Gains —
Voted that his Excellency the President have & receive out of
the Treasury Two hundred pounds as a Salary from June 1790 to
June 1791 and that he take order accordingly —
Sent up by M'' Badger
* J'o/ed that William Gardner Esq"^ have and receive * 14-153
out of the Treasury of this state Two hundred and
fort}' pounds as a Salary as Treasurer from June 1790 to June
1 791 & that it be considered in full for Service, Responsibility of
Office, Office hire travel Stationary &c and that the President
give order accordingly Sent up by M"^ Badger —
Voted that John Prentice Esq"' have and receive out of the
Treasury Sixty pounds for a Salary as Attorney General of this
State from June 1790 to June 1791 and that the President give
order accordingly — Sent up by M"- Badger
J'oted that Joseph Pearson Esq'' have and receive out o"f the
Treasury fifty pounds for a Salary as Secretary of this State from
June 1790 to June 1791 and that the President give order accord-
ingly — On which vote the yeas and nays were called and are
as follows (viz) —
NEW HAMPSHIRE EARLY STATE PAPERS.
[179I
Yeas.
Yeas.
Yeas.
Yeas.
Mr Sherburne
Mr Jo* Smith
Mr Dole
Mr Grout
Mr Wentworth
Mr Kellie
Mr Warner
Mr Holmes
Mr Connor
Mr Palmer
Mr Barrett
Mr Penniman
Mr Weeks
Mr Hale
Mr Jere Smith
Mr Morse
Mr Toppan
Mr Badger
Mr Wallace
Mr Kimball
Mr Hill
.Mr Giles
Mr Stiles
Mr Duncan
Mr Cillev
Mr N Hoit
Mr Alexander
Mr Pavne
.Air MoCiarey
Mr M^-MiUan
Mr Temple
Mr Tarlton
Mr Bartlett
Mr Taylor
Mr WeUman
Mr Young
Nays.
Nays.
Nays.
Nays.
Mr Macgregore
Mr Copp
Mr Page
Mr Stone
Mr Blanchard
Mr Emeison
Mr Shepherd
Mr Baker
Mr Brown
Mr Clark
Mr Whitcomb
Mr Burnam
Mr Eastman
Mr Crasiin
Mr Prescutt
Mr Crawford
Mr Plumn-ier
Mr Filield
Mr Rand
Mr E Hoyt
Mr Chamberlain
Mr Gerrish
Mr Allen
Mr Dame
Mr Bradley
Mr Flanders
,Mr Lane
Mr Eames
Mr Gibson
36 Yeas — 29 Nays — so it passed in the affirmative
Sent up by M"' Badger
Voted that Supply Clap Esq'' have and receive out of the Treas-
ury nine pounds for a Salarj^ as Commissary General
* 14-154 from June 1790 to June 1791 and that the President * give
order accordingly — Sent up by M'' Badger
An Act for the punishment of certain crimes — was read a third
time and passed to be Enacted —
Sent up by M'' Badger & M' Bartlett
An Act prescribing the duty and regulating the Office of Sher-
rifF — was read a third time and passed to be Enacted
Sent up by M'' Badger & W Bartlett
An Act establishing forms of Oaths — was read a third time and
passed to be Enacted — Sent up by M'" Badger & M'' Bardett
An Act regulating the choice and Service of Grand Jurors, was
read a third time and passed to be Enacted —
Sent up by M' Badger & M'' Bartlett
An Act for establishing an equitable method of making Taxes
and for ascertaining the powers of Select men — was read a third
time and passed to be Enacted —
Sent up by M'' Badger & M'' Bartlett
An Act for regulating Towns and the choice of Town Officers
— was read a third dme and passed to be Enacted
Sent up by M' Badger & M' Bartlett
Adjourned to 9 o'Clock to morrow morning
1791] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 213
WEDNESDAY Feb'' 9'" 1791.
The House met according to adjournment
The Committee on the printers Accounts reported that Henrj'
Ranlett be allowed nine pounds Six shillings in full for the within
Account and that the President give order accordingly — which
report being read and considered voted that it be received and
accepted — Sent up by M'' Warner —
An Act for the punishment of profane cursing and Swearing —
was read a third time and passed to be Enacted
Sent up by M"' Warner & M'' Gerrish
An Act for the maintenance of Bastard children was read a
third time and passed to be Enacted —
Sent up by M'' Warner & M'' Gerrish
An Act relative to stra3's and lost goods — was read a third
time and passed to be Enacted —
Sent up by M'' Warner & M'' Gerrish
*An Act for establishing Courts of Law for the * 14-155
Administration of Justice within this State and desig-
nating their powers and regulating their proceedings in certain
cases — was read a third time and passed to be Enacted —
Sent up by M'' Warner & M"' Gerrish —
An Act directing the proceedings against deficient Collectors
was read a third time and passed to be Enacted —
Sent up by JNI' Warner & M'' Gerrish
Adjourned to 3 o'Clock P. M —
Met accordingly
1 {^Resolved that John Taylor Gilman Esquire, James Macgreg-
ore and Thomas Bartlett, Esquires, be and they hereby are
appointed commissioners to receive and examine, and make a fair
statement of all the payments and allowances that have been
made by the state to towns and individuals, for services and
expenditures in the common defence, in the late war, not already
stated and sent forward for allowance : — That the several sums
allowed and reported by the commissioners that were for that pur-
pose appointed in the year 17S6, and whose powers were extended
and defined by sundr}- subsequent votes and resolves of the Gen-
eral-Court, be also included, and that said commissioners b}' and
on the part and behalf of this state, collect the accounts, papers
and vouchers necessary for making the above statement, and for
such other and further charges, as may in the opinion of the com-
missioners be exhibited by this state against the United-States,
1 Taken from printed journal.
214 NEW HAMPSHIRE EARLY STATE PAPERS. [^791
by virtue of the several acts and ordinances of Congress ; and
that said commissioners certify such statement to be forwarded to
the board of the commissioners of the United States, whose prov-
ince it may be to receive the same in such way and manner as the
President of this state may direct.]
On the report of the Committee that the next Session of the
General Court be held at Portsmouth the yeas and nays were
called and are as follows (viz)
Yeas.
M>- Gains
Mr Sherburne
Mr Wentworth
Mr Connor
i\I'' Macgregore
M^ Weeks
Mr Brown
Nays.
M^ Blanchard
M'' Eastman
M'' Chamberlain
M'- Bradley
.M-- Jo'' Smith
Mf Gibson
Mr N Hoit
.M'- M<-Millan
Mr Taylor
Yeas.
M>" Plummer
M'- Hill
M'- Cilley
Mr M<^Clarey
Mr Bartlett
Mr Kellie
Mr Palmer
Nays.
Mr Dole
Mr Emerson
Mr Parker
iMr Clark
Mr Wallace
Mr Fifield
Mr Gerrish
Mr Paije
Mr Shepherd
Yeas.
Mr Hale
Mr Giles
Mr Copp
Mr Warner
.Mr Cragin
.Mr Stiles
Yeas.
Mr Whitcomb
Mr Prescutt
Mr Ale.xander
Mr Wellman
Mr Payne
Mr Eames
Nays. Nays.
-Mr Temple Mr Duncan
.Mr Rand Mr Baker
Mr Allen .Mr Burnam
Mr Lane Mr Crawford
.Mr Grout Mr E Hoit
.Mr Penniman Mr Freeman
Mr Morse Mr Tarlton
.Mr Stone Mr Dame
Mr Kimball Mr Young
27 Yeas — 36 Nays — so it passed in the negative
Motion was then made that the next Session be held at Exeter
on which motion the yeas and nays were called and are as follows
(viz)
Yeas.
Veas.
Yeas.
Yeas.
M' Gains
Mr Plummer
Mr Hale
Mr Whitcomb
Mr Sherburne
.Mr Hill
Mr Giles
Mr Prescutt
Mr Wentworth
Mr Cillev
Mr Emerson
Mr Ale.xander
Mr Connor
Mr Meciarey
Mr Warner
Mr Wellman
iMr Macgregore
.Mr Kellie
Mr Parker
Mr Lane
Mr Weelis
Mr Palmer
xMr Stiles
Mr Stone
Mr Brown
•u-156 "Nays.
Niiys.
Nays.
Nays.
iMr Blanchard
.Mr Tavlor
Mr Shepherd
Mr Burnam
Mr Eastman
Mr Dole
Mr Temple
Mr Crawford
Mr Chamberlain
Mr Barrett
.Mr Rand
Mr E Hoit
Mr Bradley
.Mr Clark
.Mr .'\llen
Mr Freeman
Mr Bartlett
Mr Cragin
Mr Grout
Mr Payne
Mr Jo« Smith
Mr Wallace
Mr Penniman
Mr Tarlton
Mr Gibson
.Mr Fifield
.Mr .Morse
Mr Dame
Mr N Hoit
Mr Gerrish
Mr Kimball
Mr Young
Mr Copp
Mr Flanders
Mr Duncan
Mr Eames
iMr M-^^Millan
Mr Page
Mr Baker
1791] JOURNAL OF THE HOUSE OF REPRESENTATIVES.
!I5
25 Yeas — 39 Nays — so it passed in the negative
Motion was then made that the next Session be held at Charles-
town — On which motion the yeas & nays were called and are as
follows — (viz) —
Yeas.
yU Warner
iM'- Wallace
i\K Page
Ml" Shepherd
M-- Stiles
M"- Whitcomb
Nays.
M'- Bartlett
Mr Jos Smith
Ml' Gibson
M>- Kellie
Ml- Palmer
Mr Badger
M-^ N Hoit
M"^ McMillan
Mr Tavlor
Ml- Dole
Yeas.
M' Alexander
Mr Rand
Ml- Wellman
Ml" Lane
Ml- Grout
Nays.
.M'- Emerson
Ml- Parker
Ml- Barrett
Ml- Clark
M"^ Cragin
Ml- Fitield
Ml- Gerrish
Ml- Prescutt
Ml- Temple
Ml' Allen
Yeas.
Mr Stone
Ml- Freeman
Mr Pavne
Mr Young
Mr Eames
Nays.
Mr Penniman
Mr Morse
Mr Kimball
Mr Duncan
Mr Baker
Mr Burnam
I\lr Crawford
Mr E Hoit
Mr Tarlton
Mr Dame
Yeas.
Mr Sherburne
Mr Macgregore
Mr Plummer
Mr Cilley
Mr Hale
Mr Copp
Nays.
Mr Gains
Mr Wentworth
Mr Connor
Mr Blanchard
Mr Weeks
Mr Brown
Mr Eastman
Mr Hill
Mr M^'Clarey
Mr Chamberlain
Mr Bradley
2 2 Yeas — 41 Nays — so it passed in the negative
Motion was then made that the next Session be held at Con-
cord — which Passed in the affirmative —
Vo^cd that the General Court which by the Constitution are to
Assemble on the first Wednesday in June next meet at Concord —
Sent up by M'' Hill
An Act declaring the duty and defining the powers of Collect-
ors of Taxes — was read a third time and passed to be Enacted —
Sent up by M'' Smith & M'' Grout
*An Act declaring the mode of conveyance by deed — * 14-157
was read a third time and passed to be Enacted —
Sent up by M'' Smith & M'' Grout
An Act to prevent frauds and perjuries was read a third time
and passed to be Enacted — Sent up by M"' Smith & M'' Grout
Adjourned to 9 o'Clock to morrow morning
THURSDAY Febk io"> 1791.
The House met according to adjournment
The vote respecting ceeding the light house at Fort point &c
came down trom the Honb' Senate for the following amendment
2l6
NEW HAMPSHIRE EARLY STATE PAPERS.
[179I
"that it be one Acre & three quarters instead of two Acres three
roods & thirty three poles beginning at the light House point —
which amendment \\'as read and concurred —
Sent up by M'' Penniman
Voted that M'" Eames, M"' Gains & M'' Hill with such of the
Honb' Senate as the}' may join be a Committee to consider of the
Petition of George Kenfield and report thereon
Sent up by M"' Penniman
Voted that the chief Justice of the Superior Court have and
receive out of the Treasury of this State One hundred and eighty
pounds and the other Justices of said Court One hundred and
forty pounds each as an Annual Salar}' the Same to be paid in
quarterly payments to the said Justices respectively, they, the said
Justices accounting for the fees thej' may Severally receive from
the Clerk of said Court and that the Clerk shall quarterly trans-
mit to the President an Account of the fees by him paid to said
Judges and that the President give order accordingly for the pay-
ment of the Several and respective ballances —
Sent up by M' Penniman
On motion to make an addition to the vote of Yesterday appoint-
ing Commissioners on Accounts the yeas & nays were called and
are as follows —
Yeas.
Yeas.
Yeas.
Yeas.
Mr Connor
Mr Flanders
Mr Allen
Mr Kimball
>!>■ Jo'' Smith
Mr Page
Mr Wellman
Mr Duncan
M"- Palmer
Mr Shepherd
Mr Lane
AP- Burnam
M-- Hale
Mr Stiles
Mr Grout
Mr E Hoit
Mr Warner
Mr Prescutt
Mr Holmes
Mr Freeman
Mr Fifield
i\lr Ale.xander
Mr Morse
Mr Tarlton
Mr Gerrish
Mr Temple
Mr Stone
Mr Young
•14-163 'Nays.
Nays.
Nays.
Nays.
Mr Gains
Mr Hill
Mr N Hoit
Mr Wallace
Mr Sherburne
Mr Cillev
Mr .McMillan
IVP- Whitcomb
Mr Connor
Mr M^-Ciarev
lAp- Tavlor
I\P- Rand
Mr Blanchard
.Mr liradlev
Mr Dole
Mr Penniman
Mr Weeks
.Mr Bartlet't
Mr Emerson
I\P- Baker
Mr Toppan
Mr Gibson
Mr Parker
Mr Crawford
Mr Brown
Ap- Kellie
Mr Barrett
Mr Dame
Mr Eastman
Mr Badger
Mr Clark
Mr Fames
Mr Plummer
Mr Giles
Mr Cragin
28 Yeas —
- 35 Nays — so it
passed in the
negative
On motion
to reconsider the
! vote of Yeste
rday
appointing Com-
missioners on Accounts — the
yeas and nay
s were called and are
as follows —
(viz)
I791] JOURNAL OF THE HOUSE OF REPRESENTATIVES.
Yeas.
iM'- liartlett
iMr Smith
M" Gibson
Mr Kellie
Mr Dole
M'' Emerson
Mr Warner
Mr Fifield
Nays.
Mr Gains
Mr Sherburne
Mr Connor
Mr Blanchard
Mr Weeks
Mr Toppan
Mr Brown
Mr Eastman
Yeas.
Mr Gerrisli
Mr Flanders
Mr Pa?e
Mr Shepherd
Mr Stiles
Mr Preseutt
Mr .Alexander
Mr Temple
Nays.
.\Ir Plummer
.Mr Hill
.Mr Cillev
.Mr M^'Ciarey
Mr Chamberlain
Mr Bradley
Mr Palmer
Mr Hale
Yeas.
Mr Allen
.Mr Wellman
.Mr Lane
.Mr Grout
Mr Holmes
Mr Stone
Mr Kimball
Mr Duncan
Nays.
Mr Badger
.Mr Giles
Mr N Hovt
Mr Copp'
Mr Mi-.Millan
Mr Taylor
Mr Parker
Mr Barrett
Y'eas.
Mr Baker
iMr Burnam
Mr Freeman
Mr Payne
Mr Tarlton
Mr Dame
Mr Young
Mr Eames
Nays.
Mr Clark
Mr Cragin
Mr Wallace
Mr Whitcomb
Mr Rand
Mr Penniman
Mr Crawlord
33 Yeas — 31 Na^'s — so it passed in the Affirmative
Vo/cd that M' Cilley, M"- Hale, M" Warner. M'' Page & M--
Young be a Committee to nominate to this House Six persons out
of whom for three to be appointed Commissioners on Accounts
An Act regulating prisons was read a third time and passed to
be Enacted — Sent up by M' Penniman & M' Parker
Adjourned to 3 o'clock P. JNI —
Met accordinglv
I'ofcd that ftp Gains. AP Toppan & INP Whitcomb be a Com-
mittee to consider of the Petition of Moses Kelley Esq'' and report
thereon —
* The Committee on the Account of Jacob Green & * 14-159
Similar matters reported that the Account of said Green
amounting to One pound four shillings and the Account of John
Parker Esq'' ainounting to three pounds twelve shillings and Six
pence and the Account of William Page Edward S Livermore &
Jeremiah Smith Esqr'' amounting to thirtj- pounds Seventeen shil-
lings be allowed and paid out of the Treasury by order of the
President — which report being read and considered vo/cd that it
be received and accepted — Sent up by M"' APMillan
Adjourned to 9 oClock to morrow morning
FRIDAY FebR
1791.
The House met according to adjournment
The Committee appointed to consider and report any piroposals
that should be made by the Several printers in this State — Re-
2l8 NEW HAMPSHIRE EARLY STATE PAPERS. [l79I
ported the following (viz) M"' George Hough proposes to print the
revised laws on fools cap or pot folio, on pica or english types at
one penn}- farthing ^'' Sheet exclusive of binding, the journals at
one penn}' half penny ^'' Sheet Proclamations &c at a propor-
tionable price — M' John Melcher proposed to print the Laws of
the State in folio on good fools cap paper with a good pica tj^pe
with marginal notes and deliver them neatly bound & Lettered
at one penny half penny ~^'' Sheet — The Journals on good crown
paper in Octavo on long primer types at one penny ^'' Sheet,
Proclamations Extents &c on writing paper with a good type at one
penny per Sheet and every other kind of printing in the Same
proportion — AP George Jerry Osborne proposes to print the Laws
if revised this Session at twelve shillings each Book taking the
risque of the number of Sheets — On reading which report mo-
tion was made that the proposals of M'' John Melcher be received
and being put to vote passed in the affirmative —
Sent up by M'' Holmes
Vo/cd that M'' Holmes, AP Cilley, M'' Hoit, AP IVPClarey and
M' Warner be a Committee to consider of the Petitions of Eben-
ezer Bean, Joshua Lovejoy & Robert Bradford Wilkins and report
thereon —
* 14-160 Vo/ed that AP Connor, AP Hale, AP Warner, M"^ Page
and M'' Freeman be a Committee to consider of the
Account of John Porter and all Similar matters and report thereon —
The Committee on the Petition of Moses Kelley Esq'' reported
that said Kelle}' or Joshua Wentworth Esq"' deliver to the Presi-
dent and Council the receipt Signed Meshech Weare President
dated in the year 1782 or 1783 for fifty pounds and that said
Kelley or Wentworth have an order on the Treasurer for that
sum, which report being read and considered rofed that it be re-
ceived and accepted — Sent up by M'' Gains
The Committee to nominate two persons in each of the Coun-
ties in this state to make sale of the Excise reported that Nath"
Rogers & Ephraim Robinson for the Count}' of Rockingham
John Waldron & Joshua Wingate, for the County of Stratford —
William Gordan, & Stephen Dole for the County of Hillsbor-
ough Amos Shepherd & William Page for the County of Cheshire
and Moses Baker & John Rogers for the County of Grafton —
which report being read and considered motion was made to ac-
cept the Same on which motion the yeas and nays were called &
are as follows (viz)
[791] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 219
Yeas.
Mf Gains
M"' Connor
.Mr Blanchard
Mr Weeks
M'- Brown
M'' Eastman
M-- Hill
Mr AK'Clarey
Mr Clousrh
M"- Bradley
Nays.
Mr Sherburne
Mr Plummer
Mr Cilley
Mr Kellie
Yeas.
Mr Bartlett
Mr Jos Smith
Mr Gibson
Mr Palmer
Mr Hale
Mr Badger
Mr N Hoit
Mr Copp
Mr Taylor
Mr Warner
Nays.
Mr Giles
Mr Cragin
M>- Stiles
.Mr Temple
Yeas.
Mr Parker
Mr Barrett
Mr Clark
Mr Fifield
Mr Shepherd
Mr Whitcomb
Mr Prescutt
Mr Alexander
Mr Rand
Mr Wellman
Nays.
:\lr Allen
Mr Stone
Mr Kimball
Mr Duncan
Yeas.
Mr Lane
Mr Grout
.Mr Penniman
Mr Morse
Mr Burnam
Mr Crawford
.Mr Hoit
Mr Freeman
Mr Payne
Mr Tarlton
Nays.
Mr Baker
Mr Young
Mr Eames
40 Yeas — 15 Nays — so it passed in the affirmative
Sent up by M'' Stiles
An Act to vest the exclusive right and priviledge of keeping a
feny over a certain part of Merrimac river in Benjamin Noyes of
Bow his heirs & iVssigns — was read a third time and passed to be
Enacted — Sent up by M' Dole & M' Wallace
An Act to impower the Judge of Probate to grant * 14-161
license to sell real Estate in certain cases — was read a
third time and passed to be Enacted —
Sent up by M'' Dole & M^ Wallace
[Arf Act prescribing the forms of writs in civil causes — was read
a third time and passed to be Enacted —
Sent up by M'^ Dole & W Wallace]
An Act for the equal distribution of Insolvent Estates was read
a third time and passed to be Enacted —
Sent up by M^ Dole & M"- Wallace
An Act to Incorporate certain Physicians by the name of the
New Hampshire Medical Society — was read a third time and
passed to be Enacted — on the vote for passing the Bill the yeas
and na3's were called and are as follows viz —
Yeas.
Yeas.
Yeas.
Yeas.
.Mr
■ Gains
■ Eastman
Mr
■ Bartlett
M'
• Taylor
.\I'
■ Sherburne
' Plummer
.Mr
■ Jo- Smith
.Mr
Dole
.M'
■ Wentworth
■Hill
M'
• Kellie
Mr
' Emerson
M>
■ Connor
■ Cillev
M'
• Palmer
.M'
■ Warner
MrMacgregore
M-Ciarey
Mr
Hale
Mr
Clark
M>
■ Blanchard
■ Clough
M'
■ Badger
.M'
■ Gerrish
.M'
■ Weeks
■ Chamberlain
M'
■ GileS
.M'
• Flanders
M>
■ Brown
Bradlev
.\I>
• M'-.Millan
.Mr
•Page
NEW HAMPSHIRE EARLY STATE PAPEI
[179I
Yeas.
Mr Shepherd
M"- Frescutt
Mf Alexander
Mr Rand
Nays.
Mr N Hoit
M"- Barrett
47 Yeas-
Yeas.
Mr WeUman
M"- Lane
Mr Grout
M'' Penninian
Nays.
Mr Cragin
Mr .Morse
Mr Kimball
Mr Baker
Mr E Hoit
Nays.
Mr Allen
Mr Stone
Freeman
Payne
M
M
Mr Tarlton
Nays.
Mr Eames
Mr Whitcomb
Naj-s — so it passed in the Affirmative
Sent up by M"' Page & M'' Allen
An Act to enable the Justices of the Inferior Court of common
pleas to fix and determine the boundaries of the goal j^ards in their
respective Counties was read a third time and passed to be
Enacted — Sent up by M' Holmes & M"' Bradley
Vo/cd that M"' Macgregore M"' Hoit. M'' Emerson M"' Holmes
and M'' Freeman with such of the Honb' Senate as they may join
be a Committee to consider and report what number of Books of
the revised laws shall be printed and how distributed —
Sent up by M'' Holmes —
* 14-162 * Adjourned to 3 oClock P. M —
Met accordingly
Voted that the Comptroller of Accounts for this state be and he
hereby is directed to call on Col" David Hobert of Haverhill in the
Common wealth of Massachusetts to account for the money he
received for pa3-ing soldiers under his Command in the yea^- 1777
and in particular for the mone}- he received for George Kenfield a
Soldier in Cap' Eliots Companj' Sent up by M'' Chamberlain
An Act to incorporate the Episcopal Society in Portsmouth was
read a third time and passed to be Enacted —
Sent up by M'' Sherburne & M'' Emerson
The vote for allowing M'' Hough twenty two pounds live shil-
lings and nine pence came down trom the Honb' Senate for the
following amendment — "that said Hough be allowed Seventeen
pounds five shillings & nine pence — which amendment was read
& Concurred Sent up by M'' Cragin —
Adjourned to 9 o'Clock to morrow morning —
SATURDAY Feb"
[791
The House met according to adjournment
Voted that the Account of Nathanael Rogers & Nath" Oilman
amounting to four pounds be allowed and paid out of the Treasury
by order of the President and that said Rogers & Oilman lodge
lypi] JOURNAL OF THE HOUSE OF REPRESENTATIVKS. 221
in the Secretarys office the receipt by them taken of James Mac-
gregore Esq'' Comptroller of Accounts Sent up by M'' Gerrish
\^otcd that all the books and papers which are now in the hands
of the Committee on Claims and which belong to said Office be
delivered to James Macgregore Esq'' Comptroller of Accounts and
that they be kept in an Office at Exeter —
Sent up by M"^ Gerrish
Resolved that there be and hereby is established the four fol-
lowing routs lor posts to be appointed pursuant to this Resolve to
ride through the interior parts of this State (viz)
The first beginning at Concord thence to proceed through Weare,
New Boston, Amherst, Wilton, Temple, Peterborough Dublin
Marlborough Keen Westmoreland, Walpole Acworth Charles-
town, Claremont, Newport, Lempster, Washington
■* Hillsborough Hinnekar, Hopkinton to Concord — * 14-163
The Second from Concord Boscawen Salisbury,
Andover New Chester Plymouth Haverhill Piermont Orford lyme
Hanover Lebanon Enfield Canaan Grafton Alexandria Salisbury
to Concord —
Third beginning at Portsmouth thence through Exeter Kings-
town Plastow Hampstead Chester Londonderry Litchfield Goffs-
tovvn Bow to Concord & to return through Pembrook Deerfield
Nottingham by the way of New Markett Bridge to Portsmouth
Fourth from Portsmouth to Dover Rochester Wakefield Ossippee
Tamworth Sandwich Center Harbour Plymouth Merrideth Gil-
mantown Barnstead Barrington Durham to Portsmouth —
Each Post rider shall perform his rout weekly (Extraordinaries
Excepted) and that those on the first and Second routs shall have
twelve pounds each the one on the third rout nine pounds and the
one on the tburth rout ten pounds for six months only commencing
the first of April next and they shall reverse their respective routs
weekl}-, provided and it is the intent of this resolve that All Acts
proclamadons public letters and every other matter belonging to
the State be franked with the name of the public Officer commu-
nicating the Same and conveyed free of postage —
That the postage on all private single letters be six pence for
every forty miles and four pence for every number of miles less
than forty and that other letters and packets according to their
weight and bulk which shall be the exclusive perquisites of the
post riders carrying the Same — That one person be appointed
in each of the following Towns (viz) Portsmouth Exeter, Con-
cord, Amherst Dover Keene Charlestown Hanover Ha\erhill and
NEW HAMPSHIRE EARLY STATE PAPERS.
[179I
Plymouth whose duty it shall be to take charge of all matters
which are to be conveyed by the posts and shall respectively
receive as a compensation therefor two pence to be advanced on
the postage of each private letter packett &c which shall pass
through the respective offices, said post Officers to be nominated
and appointed by the President & Council, notice of
* 14-164 which under the Secretarj-'s signature *by order of the
President shall be a Sufficient warrant for the respective
officers to enter on the duty of their respective Office —
Provided also and it Shall be the dutj^ of the Several post
masters and post riders before the}' enter on their respective Office
to give bond to the Treasurer of this State to the Acceptance of
the President for the faithful performance of the trust reposed in
them And said post Officers shall be allowed upon the exhibitions
of their respective Accounts for Services and expenditures such
further sums as the General Court shall adjudge reasonable and
just — On passing this Resolve the yeas and nays were called and
are as follows (viz) —
M^ Gains
JVIr Sherburne
Mr Wentworth
M"^ Macgregore
M"- Blanchard
M'' Toppan
IVf Brown
IVf Hill
M-- Cillev
M-- M^-Ciarey
M-- Clough
Nays.
m Weeks
M'' Eastman
M'' Gibson
Mr Giles
Mr Emerson
Yeas.
Mr Chamberlain
M"- Bradley
Mr Bartlett
W Palmer
M"- Hale
Mr Badger
Mr Hoif
Mr Copp
Mr McMillan
Mr Taylor
Mr Dole
Nays.
Mr Parker
Mr Barrett
Mr Clark
Mr Cragin
Mr Flanders
Yeas.
Mr Warner
Mr Smith
Mr Wallace
Mr Gerrish
Mr Flanders
Mr Page
Mr Stiles
Mr Temple
Mr Wellman
Mr Lane
Mr Grout
Nays.
Mr Shepherd
Mr Whitcomb
Mr Prescutt
Mr Alexander
Mr Rand
Yeas.
Mr Penniman
Mr Duncan
Mr Burnani
Mr Crawford
Mr Hoit
Mr Freeman
Mr Pavne
Mr Ta'rlton
Mr Dame
Mr Young
Nays.
Mr Morse
Mr Stone
Mr Kimball
I\lr Eames
43 Yeas — 19 Nays — so it passed in the affirmative
Sent up by AP Gains
Resolved that the Senators of this State in the Senate of the
United States be and hereby are instructed to use their utmost
endeavours to procure the admission of the Citizens of the United
States to hear the debates of their House whenever they are
sitdng in their Legislative capacity. And that the President of
this State be requested to forward this resolve as soon as may
1791] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 223
be to the Senators from this State in the Senate of the United
States — Sent up by M"' Giles —
Voted that M'' Connor, M'' Gibson & M"' Hale with such of
the Honb' Senate as they maj' join be a Committee to
consider of *the Account of Eliphalet Giddinge Esq'' * 14-165
and report thereon — Sent up b}^ M"' Giles —
An Act directing the proceedings against the trustees of absent
or absconding debtors — was read a third time and passed to be
Enacted Sent up b}- M'' Copp and M"' Dole —
The Committee on the Petition and Account of John Orr Esq'
reported that the said John Orr Esq'' have and receive out of the
Treasury two pounds Seventeen shillings & five pence in full for
Selling a lot of land in Washington by order of the General
Court and that the Treasurer deliver up to the said Orr his bond
for two hundred pounds mentioned in his Petition — which report
being read and considered voted that it be received and accepted —
Sent up by M' Weeks
Upon reading and considering the Petition of Samuel Young
in behalf of Littleton and Dalton voted that the Petitioners be
heard thereon before the General Court on the third Wednesday
of their next Session and that in the mean time the Petitioners
cause that the substance of the Petition and order of Court thereon
be published three weeks successively in One of the New
Hampshire News papers Six weeks prior to the sitting of said
Court that any person or persons may then appear and shew
cause (if any they have) why the praj^er thereof may not be
granted — Sent up by M"" Weeks —
Adjourned to 3 o'Clock P. M — ^"
Met accordingly —
Resolved that John T Oilman, Sanford Kingsburj- & James
Macgregore Esquires be and they hereby are appointed Commis-
sioners to state the demands of this State against the United
States And for this purpose they shall have access to all the
papers and documents in any public Office in this state, And the
said Commissioners shall as soon as may be forward all such
Accounts & demands of this State against the United states as are
proper charges to be laid before the Commissioners appointed b}'
congress to settle and adjust the Accounts between the United
States and Individual states
And it shall also be the duty of said Commissioners first above
mentioned to receive from any Towns or any Individuals in this
State all accounts for anv such Services done or losses Suffered
224
XEW HAMPSHIRE EARLY STATE PAPERS.
[179I
in the late war, as would have been in case thej' had been pre-
sented within the time limited by Congress for receiving them,
proper charges by this State against the United States
* 14-166 — i\nd the * said Commissioners shall cause the times
and places of their meetings to receive such Accounts
with the nature and kind of Accounts to be received, the vouch-
ers to be produced &c &c &c to be advertized throughout this
State b}- causing the Same to be published in all the public papers
printed in this State and the said Commissioners shall by the
lirst day in June next close the Accounts so by them received
and shall prepare a Petition to Congress to have the said Sums
allowed or Submitted to the board of Commissioners appointed
by Congress notwithstanding the time limited by Law of the
United states is expired — And the Towns and Individuals shall
receive from the state the benefit of all such allowances as shall
be made this State by Congress on account of such demands of
such Individuals so allowed — And the said Commissioners ap-
pointed by the Resolve as aforesaid shall certify- the Towns and
Individuals presenting such accounts of all such sums as they
shall think well vouched — Sent up by M'' Weeks
The Committee on the Petition of the Select men of Plastow
having considered all the circumstances relative to the Account
exhibited with said Petition are of Opinion that no part of said
Account prior to the year 1775 be allowed and that said Town be
allowed fifty five pounds in full for said Account since that time —
On reading which report motion was made that it be accepted
— On which motion the yeas and nays were called and are as
follows (viz) —
Mr Macgregore
.M-' Copp
Mr Grout
.Mr E Hoit
M' Eastman
M"- Barrett
.Mi-Penniman
.Mr Tarlton
M'- Bartlett
Ml' Jere Smitli
M>- Kimball
.Mr Young
M'- Jo'- Smith
Mr Page
.M'- Duncan
Nays.
Nays.
Nays.
Nays.
.M' Gains
.M'- Cillev
.Mr Taylor
Mr Prescutt
M'- Slierburne
M'- Bradley
M' Emerson
Mr Allen
M'- Wentworth
.M'" Gibson
.M>- Parker
Mr Rand
M'' Connor
.M'- Kellie
.M'- Clark
Mr Wallace
M'- Blancliaid
M'- Palmer
Mr Cragin
Mr Holmes
.Mr Weeks
.M'- Hale
.Mr Wallace
.Mr Morss
M'' Toppan
.\I'- Badger
Mr Shepherd
Mr Stone
M' Brown
M>- Giles
Mr Stiles
.Mr Baker
Ml" Flimimer
M'- N Hoit
Mr Whitcomb
Mr Freeman
M'- Hill
.M'- M'-Millan
I791] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 225
15 Yeas — 38 Nays — so [the report was not accepted.] it
■passed in the Negative —
* Voted that the thanks of this House be given to jVP J * 14-167
S Sherburne tor his attention to and draughting of Sev-
eral public bills the present Session without fee or reward —
Adjourned to Monday ne.xt at 9 o'Clock A M —
MONDAY Feb'' 14'" 1791
The House met according to adjournment —
The Committee on the Petition of the Select men of Bath
reported that all former notes of the General Court passed Stay-
ing or forbidding the levy and collecting the State or County
Taxes in the Township of Bath be reconsidered and made null
and void and the said Selectmen and Collectors proceed in the
levy and collecting the said Taxes in said Town in the Same
manner as they by Law could have done had no such vote or
resolve passed — which vote being read and considered — voted
that it be received and accepted — Sent up by M'' Young
An Act for the punishment of Idle and disorderly persons for
the Support and maintenance of the Poor and tor designating
the duties and defining the powers of overseers of the poor —
was read a third time and passed to be Enacted —
Sent up by M"' Gains & M"' Copp —
Whereas in and b}' an Act passed the 28'" of September 1787
it is Enacted that the Excise arising by virtue of said Act shall
be farmed out and Sold at public vandue in the Several Counties
in this State Some time between the first day of October and
the first day of February annually by Committees appointed for
that purpose which time hath elapsed and no sale has, been made
agreably to said Act —
Therefore be it Resolved that the time for farming out the said
Excise be lengthned out until the last day of March next, and
that Nathanael Rogers & Ephraim Robinson be a Committee tor
selling the Excise in the County of Rockingham, John Waldron
and Joshua Wingate in the County of Straflxard, William Gordan
and Stephen Dole for the County of Hillsborough, Amos Shep-
herd & William Page in the County of Cheshire and Moses
Baker and John Rogers for the County of Grafton — And that
the Several Committees proceed to make sale of the said Excise
from the first day of October 1790 to the first da}- of January 1791
— in their respective Counties before the said last day of March
226 NEW HAMPSHIRE EARLY STATE PAPERS. [l79I
and that the Several Committees respectively are hereby
* 14-168 required to take bond with two Sufficient * Sureties of
Bxtlii '-■"'■ the farmer in each County paj'able by the first da}- of
June next and Interest from the said first day of June till paid and
lodge the said Bonds with the Treasurer of this State on or before
the said first day of June — Sent up by M'' Blanchard —
An Act regulating Marriages and for the registering of Mar-
riages Births and Burials — was read a third time and passed to be
Enacted — Sent up by M' Blanchard & M'' Clark
An Act regulating Bail in civil causes was read a third time
and passed to be Enacted —
Sent up by M"" Blanchard & M' Clark
Adjourned to 3 o'Clock P M
Met accordingly —
Resolved that the Members of the Honb' Senate, Council and
House of Representatives and their Officers receive their wages
and travelling fees out of the money now in the Treasury and
that the Several Towns and districts now represented shall be
severally Taxed in the next tax bill for the attendance of their
Respective members — Sent up by M"' Prescutt
Voted that the allowance for travel and attendance of the Mem-
bers of the Honb' Senate and House of Representatives and their
Officers be the Same as at the last Session and the allowance to
the Honb' Council the Same as the last j'ear and that the Secre-
tary and Clerk make up the respective rolls accordingly
Sent up by M'" Prescutt
Voted that M'' Toppan M"' Hoit, M"' Barrett, M"' Page and M"'
Baker with such of the Honb' Senate as the}' may join be a Com-
mittee to confer on the Subject matter of the Resolve respecting
the receiving of Specie in lieu of the Facility Taxes whether
Indents or Certificates now outstanding and report thereon —
Sent up by M"' Prescutt —
Voted that M"' Plummer, M'' Page and M"' Taylor with such of
the Honb' Senate as they may join be a Committee to take under
consideration the Acts, Resolves and votes of the Congress of
the United States and Legislature of this State respecting Inva-
lids and report whether any and what measures may
* 14-169 *be taken for the benefit of Invalids who have lately
applied or may hereafter apply for relief —
Sent up by M"' Smith
An Act for ceeding to the United States of America one acre
and three quarters of an Acre of Land with the fort & Light
1791] JOURNAL OF THE HOUSE OF REPRESENTATIVES.
227
House thereon Situate in New Castle was read a third time and
passed to be Enacted — Sent up by M"' Smith & M"' Hoyt •
Resolved that it is the Opinion of this House that the Act of
Congress passed at their last Session entitled an Act making pro-
vision for the debt of the United states so far as the Same respects
making provision for the debts of the respective states is very
injurious to this state because this state have already made pro-
vision for the payment of the greater part of the debt incurred
by this State during the late war and a considerable proportion
of it is actually paid and because this State can with more justice
and Satisfaction to its creditors and more ease to its citizens dis-
charge the ballance now due from this State than the Same will
or can be discharged by the Method prescribed in said Act and
because the Sum so assumed for the Several states is by no means
in proportion to the services done or debts contracted for the com-
mon defence by the respective states as in case of any assumption
previous to a final settlement of the Account of the Several states
in Justice and equity it ought to have been, and that this state is
particularly injured in this respect their just proportion of the
Sum of twenty one million and five hundred thousand dollars
being a Sum far exceeding the sum of three hundred thousand
Dollars assumed for this state by said Act — [and that the said
assumption is an infringement on the rights of the legislature of
this state.] ^ [On reading the foregoing motion was made that it
pass into a Resolve of this House on which motion the yeas &
Nays were called and are as follows (viz)
Yeas.
M'' Macgregore
'W Clough
M'' Chamberlain
Mr Jos Smith
Mr Copp
Mr Dole
* Nays.
Mr Gains
Mr Wentworth
Mr Connor
Mr Blanchard
Mr Weeks
Mr Brown
Mr Eastman
Mr Plummer
Mr Hill
Yeas.
Mr Warner
Mr Gerrish
Mr Flanders
Mr Page
Mr Stiles
Mr Prescutt
Nays.
Mr-MoClarey
Mr Bradley
Mr Bartlet't
Mr Gibson
Mr Kellie
Mr Palmer
Mr Badger
Mr Hoit
Mr McMillan
23 Yeas — 36 Nays-
Yeas. Y'eas.
Mr Temple Mr Burnam
Mr Wellman Mr Crawford
Mr Grout Mr Freeman
Mr Holmes M' Tarlton
Mr Kimball Mr Dame
Mr Duncan
Nays. Nays. * I4-170
Mr Taylor Mr Alexander
Mr Emerson Mr Rand
Mr Parker Mr Penniman
Mr Barrett Mr Morse
Mr Clark Mr Stone
Mr Cragin Mr Baker
Mr Wallace Mr E Hoit
Mr Shepherd Mr Young
Mr Whitcomb Mr Fames
SO it passed in the negative]
I Not iu priuted jourual.
228
NEW HAMPSHIRE EARLY STATE PAPERS.
[179I
Voied that George Gains and Supply Clap esquires be and
they hereby are appointed a Committee in behalf of this State
to examine arrange and ascertain the amount of what has been
expended by this State in support of the light and attending the
light house since August 1789 and that they call on Joseph Whip-
ple Esq"' collector of Impost duties for payment of said Account,
and on receiving the Same that they pay the Sum into the Treas-
ury of this state and take the Treasurers Receipt therefor —
Sent up by M" Dole
An Act impowering the Select men of Campbells Gore to take
an envois and assess and collect the Tax of the year One thou-
sand Seven hundred and ninety — was read a third time & passed
to be Enacted — Sent up by M"' Holmes & M"' Plummer
An Act granting to certain persons therein named the exclusive
right of building a Toll bridge over Merrimac River at any
place below the right of Butters's ferry so called and one mile
below Isle Hookset falls so called and regulating the toll of said
bridge was read a third time and passed to be Enacted
Sent up by AP Holmes & M"' Plummer
Adjourned to 9 o'Clock to morrow morning
TUESDAY Feb" 15'" 1791.
The House met according to adjournment
The vote for establishing the Salar\- of the Judges of the Su-
perior Court came down from the Honb' Senate for the following
amendment "That the chief Justice receive one hundred & Sixty
five pounds instead of One hundred and eighty pounds and the
other Justices one hundred and thirty five pounds each instead of
One hundred and forty pounds — which amendment
* 14-17 1 was read * and nonconcurred — Whereupon Voted that
the chief Justice have One hundred and fifty pounds
and the other Justices one hundred and thirty pounds each — On
which vote the yeas & nays were called and are as follows —
(viz)
Yeas. Yeas. Yeas. Yeas.
i\lr Blanchard M-- Badger Mi" Smith Af Baker
M>- Eastman W^ N Hoit Af Stiles AK Crawford
Mr Hill Af Copp .M>- Whitcomb AK E Hoit
M'CIoue;!! iMr M-Millan iM"- Prescutt AK Freeman
M' Chamberlain M^ Taylor AK Rand M'' Dame
M'' liradley Mr Dole M'' C.rout Mr Young
M'' Jqs Smith M'' Parker M'" Holmes M'' Eames
Mf Palmer M-- Cragin M-- Kimball
Nays.
Nays.
Mr Gains
Mr Plummer
Mf Wentwortli
Mr Cillev
Mr Connor
Mr M^'Ciarev
Mr Weeks
Mr Bartlett'
Mr Toppan
Mr Kellie
Mr Brown
Mr Emerson
[791] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 229
Nays. Nays.
Mr Warner Mr Wellman
Mr Barrett Mr Stone
Mr Wallace Mr Duncan
Mr Page Mr Burnam
Mr Alexander Mr Tarlton
Mr Temple
31 Yeas — 23 Nays — so the vote was confirmed —
An Act for the punishment of Lewdness Adulter}' and Polyg-
amy, was read a third time and passed to be Enacted —
Sent up by M' Page & M"' Warner —
An Act subjecting lands and tenements to the payment of debts
and directing the mode of levying e.xecutions on real and per-
sonal Estate — was read a third time and passed to be Enacted
Sent up by AP Page & M' Warner —
The Committee to consider what number of books of the revised
laws shall be printed and how distributed, reported that there be
printed at the expence of the state Three hundred and forty books
of the revised laws and that the}- be distributed as tbllows (viz)
To each Town Parish or place Inhabited called upon for the pay-
ment of public taxes one book — To the Superior Court of Judi-
cature, the Several Courts of Common pleas and Court of Pro-
bate each one Book — To the President and each Member of the
present Legislature One Book — To the Attorney General one
Book — To the Secretary and Clerk of the House each one Book —
To Congress one — to each State in the Union one — to the district
Court in this State one and to the Trustees of Dartmouth Colledge
one book — which report being read and considered. Voted that
it be received and accepted —
Sent up by AP Crawford
* The Committee on the Abstract from Pa}- Rolls &c * 14-172
made out and reported by the Committee who settled
the Accounts between this State and the Treasurer. Reported
that said Abstract amounting to One thousand & eighteen pounds
two shillings & three pence half penny in Specie and Seventeen
pounds Six shillings New Emission money be allowed and paid
out of the Treasury and that the Treasurer govern himself accord-
ingly and charge the Same in his next account to be setded —
which report being read and considered — voted that it be received
and accepted — Sent up by M'' Crawford
An Act for the ease and relief of persons imprisoned for debt,
was read a third time and passed to be Enacted —
Sent up bj' M'' Crawford & M" Dame
230
NEW HAMPSHIRE EARLY STATE PAPERS.
[179I
On the punishment to the crime of Blasphemy prescribed in the
Bill to be Enacted — the Yeas and nays were called and are as
follows (viz) —
Yeas.
M'' Gains
iM"- Wentworth
Mr Connor
Mr Blanchard
Mr Weeks
M"" Brown
M'' Plummer
.AK Cilley
Nays.
Mr Macgregore
M'- Eastman
Mr Toppan
M'- Hill
Mr Bartlett
Mr Jqs Smith
Mr Gibson
31 Yeas —
Yeas.
Mr Mi-Clarey
Mr Clough
Mr Chamberlain
Mr Bradlev
Mr Kellie '
Mr Badger
Mr N Hoit
;\lr Copp
N.ays.
Mr Palmer
Mr Dole
Mr Emerson
Mr Warner
Mr Parker
Mr Barrett
Mr Clark
Yeas.
Mr M'^^Millan
Mr Taylor
Mr Jer"? Smith
Mr Wallace
Mr Gerrish
Mr Page
Mr Whitcomb
Mr Alexander
Nays.
Mr Cragin
Mr Stiles
Mr Prescutt
Mr Temple
Mr Rand
Mr Wellman
Yeas.
.Mr Grout
.Mr Morse
Mr Crawford
Mr E Hoit
Mr Freeman
Mr Dame
Mr Young
Na,ys.
Mr Holmes
Mr Stone
Mr Kimball
Mr Burnam
Mr Tarlton
Mr Eames
6 Na3-s — so it passed in the affirmative
Adjourned to 3 o'Clock. P. M —
Met accordingly —
The Committee on the Petition of Phillip Goss reported that the
prayer of said Petition be so far granted as that the extent against
him be stayed till the next session of the General Court
* 14-173 — which report being read and considered * z'otcd that
it be received and accepted and that the Treasurer
govern himself accordingly — Sent up by M'' Chamberlain
An Act to restore William Boynton to his Law — was read a
third time and passed to be Enacted —
Sent up by M'' Chamberlain & M"' Cragin
Voted that the Revr'' M"' Evans have and receive out of the
Treasury by order of the President three pounds twelve Shillings
as a recompence for his Officiating as Chaplain to the General
Court during the present Session — Sent up by M'' M'Clarey
The vote respecting post roads & post riders came down from
the Honb' Senate for the following amendment " that there be a
post Officer appointed at Plastovv" on which amendment the yeas
and na^'s were called and are as follows
Yeas.
Yeas.
Yeas.
Yeas.
Mr Connor
Mr Macgregore
Mr i\hClarey
Mr Chamberlain
Mr Jo^ Smith
Mr Kellie
Mr N Hoit
Mr Copp
.Mr Tavlor
Mr Dole
.Mr Warner
Mr Cragin
Mr Wallace
Mr Gerrish
.Mr Page
Mr Stiles
[791] JOURNAL OF THE HOUSE OF REPRESENTATIVES.
231
Yeas.
Yeas.
Yeas.
Yeas.
iM'- Holmes
M' Duncan
Ml- E Hoit
Ml Eames
Mr Kimball
Ml- Baker
Ml- Dame
Nays.
Nays.
Nays.
Nays.
Mr Gains
Mr CiUev
Ml- Barrett
Mr Penniman
M' Wentworth
M'- Bradley
Ml- Clark
Ml- Morse
W Blanchard
M'- Bartlett
Mr Shepherd
Ml- Stone
M-- Weeks
M'- Gibson
Mr Whitcomb
Ml- Burnam
Mr Brown
Ml- Palmer
Ml- Prescutt
Mr Crawford
M'' Eastman
Mr Badger
Ml- Alexander
Mr Tarlton
M' Plummer
M"' Emerson
Ml- Rand
Mr Young
Mv Hill
Ml- Parker
Ml- Wellman
23 Yeas —
-31 Nays — so
it passed in the negative
The Committee to consider of the Petition of Joseph Kimball
Esq' reported that no extent be issued against the Town of Plain-
field on account of said Town's being deticient in furnishing their
Qiiota of Soldiers in the late war until the next session of the
General Court — which report being read and considered voied
that it be received & accepted and that the Treasurer govern him-
self accordingly — Sent up by M'' M'-'Clarey
Vo/cd that 'the Account of the Honb' Ebenz'' Smith Esq''
amounting to Seven pounds Seventeen shillings be
allowed *and paid out of the Treasury by order of the * 14-174
President Sent up by M"' Holmes
J^o/cd that the Account of George Hough amounting to three
pounds two shillings and Six pence be allowed and paid out of the
Treasury by order of the President — Sent up by M'' Holmes
Adjourned to 9 o'Clock to morrow morning
WEDNESDAY Feb'' i6«' 1791.
The House met according to adjournment
Volcd that the Account of Maj'' William Duncan ainonnting to
Eighteen shillings be allowed and paid out of the Treasury by
order of the President — Sent up by M'' Holmes
On Motion that three Thousand pounds be raised as a Tax for
the Current year — the yeas and nays were called and are as
follows —
Yeas.
Mr Wentworth
Mr Blanchard
Mr Hill
Mr M^Clarey
Mr Gibson
Mr Kellie
Mr Badger
MrN Hoit
Mr Copp
Mr M^-.Millan
Mr Warner
Mr Parker
Mr Barrett
Mr Clark
Yeas.
Mr Cragin
Mr Gerrish
Mr Whitcomb
Mr Prescutt
Mr Alexander
Mr Temple
Mr Wellman
Yeas.
Mr Grout
Mr Penniman
Mr Morse
Mr Burnam
Mr E Hoit
Mr Young
Mr Eames
232
NEW HAMPSHIRE EARLY STATE PAPERS.
[179I
Nays. Nas's. Nays. Nays.
Mr Gains M"^ Chamberlain Mr Jei-e Smith AK Kimball
Mr Connor M^ Bradley M"" Wallace M^ Duncan
Mr Macgregore M^ Jo^ Smith i\f Page Mr Baker
Mr Weeks Mr Palmer Mr Shepherd Mr Crawford
Mr Brown Mr Taylor Mr Stiles Mr Freeman
Mr Eastman Mr Dole Mr Rand Mr Tarlton
Mr Plummer Mr Emerson Mr Stone Mr Dame
Mr Cilley
28 Yeas — 29 Nays — so it passed in the Negative
Voted that a Tax of two thousand pounds be raised on the Polls
and Estates in this State the current year and that a Supply Bill
be brought in for that purpose On which vote the yeas and nays
were called and are as tbllows —
Yeas.
Mr N Hoit
Mr McMillan
Mr Warner
Mr Stone
Mr Baker
Yeas.
Mr Blanchard
Mr Hill
Mr M^Clarey
Yeas.
Mr Bradley
Mr Gibson
Mr Kellie
4-I7S *MrGerrish ^ ufT,^''
^ '^ Mr Wellman
Mr Whitcomb
Mr Prescutt
Mr Alexander
Nays.
Mr Gains
Mr Wentworth
Mr Connor
Mr Macgregore
I\lr Weeks
Mr Brown
Mr Eastman
Mr Grout
Mr Morse
Mr Badger
Nays.
Mr Plummer
Mr Cilley
Mr Chamberlain
Mr Jos Smith
Mr Palmer
Mr Copp
.Mr Tavlor
Mr Burnam
Mr Crawford
Mr Parker
Nays.
Mr Dole
Mr Emerson
Mr ler Smith
Mr Wallace
Mr Page
Mr Shepherd
Mr Stiles
Yeas.
Mr Barrett
Mr Clark
Mr Cragin
Mr E Hoit
Mr Freeman
Mr Young
Mr Eames
Nays.
Mr Rand
Mr Pennimai
Mr Kimball
Mr Duncan
Mr Tarlton
Mr Dame
30 Yeas — 27 Na3's — so it passed in the Affirmative
Sent up by M'' Gerrish —
An Act for the punishment of certain crimes not capital, was
read a third time and passed to be Enacted
Sent up by M'' Smith & M'' Eames —
An Act directing the proceedings in case of forcible entry and
detainer of lands and tenements — w^as read a third time and
passed to be Enacted — Sent up by M"' Smith & M'' Eames
An Act regulating licensed houses, was read a third time and
passed to be Enacted — Sent up by M" Smith & M' Eames
looted that the Account of Jeremiah Smith Esq' amounting to
Eighty five pounds nineteen shillings «& Six pence be allowed and
paid out of the Treasury by order of the President —
Sent up by M'' Warner
I791] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 233
J^o/cd that the Account of Nath" Peabody Esq' amounting to
forty one pounds & two shillings be allowed & paid out of the
Treasury by order of the President — Sent up by M'' Warner
l"o/rd that the Account of John Sullivan Esq' amounting to
thirty two pounds Six shillings be allowed and paid out of the
Treasury by order of the President — Sent up by M' Warner
Voted that the Account of John Porter amounting to three
pounds Six shillings be allowed and paid out of the Treasury by
order of the President — Sent up by M' Warner
* Voted that the Account of Edward S Livermore Esq' * 14-176
amounting to three pounds be allowed and paid out of
the Treasury b}- order of the President —
Sent up by M' Warner
V^oted that the Account of Arthur Livermore amounting to Six
pounds one shilling and Six pence be allowed and paid out of the
Treasury by order of the President — Sent up by M' Warner
Voted that the chief Justice of the Superior Court have and
receive out of the Treasury of this State One hundred and fifty
pounds and the other Justices of said Court one hundred and
thirty pounds each as an Annual Salary the Same to be paid in
quarterly payments to the said Justices respectively that the said
Justices accounting for the fees they may severally receive from
the Clerk of said Court, and that the Clerk of said Court shall
quarterly transmit to the President an account of the fees by him
paid to said Judges, and that the President give order for the pay-
ment of the Several and respective ballances —
Sent up by M'' Parker
The Committee on Invalids &c Reported that his Excellency
the President of this State be requested to write as soon as may
be to our Representatives in Congress informing them that it ap-
pears that there are a number of Invalids in this state who are not
on the list of Invalid pensioners — That a personal or particular
application from each of such Invalids to Congress is attended
with much expence to the Invalids and is troublesome to Congress
and desire said Representatives to lay a memorial before Congress
requesting them to authorize them to appoint and authorize some
person or persons in this state to inspect such Invalids — And that
the Certificate from such person or persons made to Congress shall
have the Same effect as a personal or particular application from
said Invalids to Congress would have — And that said
Representatives * be requested to give information to * 14-177
his Excellency as soon as may be of the Success of
234 ^EW HAMPSHIRE EARLY STATE PAPERS. [l79I
their Memorial and what other measures if any thej^ think neces-
sary to be taken on the Subject — which report being read and
considered — voted that it be received and accepted —
Sent up by AP Parker —
Adjourned to 3 o'Clock P. M —
Met according!}^ —
An Act relative to the Attestadon of Wills — was read a third
time and passed to be Enacted —
Sent up by M'' Plummer & M'' Macgregore
Voted that the Members of the Honb' Senate and their Clerk
be allowed four pence ^'' mile for travel to and from the place of
their meeting when sitting for the trial of the Honb' Woodbury
Langdon Esq" and Six shillings ^'' day for their attendance and
that the Secretary make up a Roll for that purpose or add the said
travel and attendance to the Roll for the present Session and that
the President give order for payment —
Sent up by M"" Whitcomb —
An Act relating to attorneys, was read a third time & passed to
be Enacted — Sent up by M"' Whitcomb & M"" Shepherd
The Committee on the Account of Samuel Bean reported that
he be allowed five pounds ten shillings in full which report being
read and considered voted that it be received and Accepted, and
that the President give order on the Treasury for payment of said
Sum — Sent up by M' Whitcomb
An Act prescribing the time and mode of redeeming real Estate
Mortgaged or conveyed by Deed of bargain and Sale with defea-
zance — was read a third time and passed to be Enacted —
Sent up by M'' Whitcomb & M'' Shepherd
An Act to establish an Academy in the Town of Atkinson and
to incorporate the trustees thereof — was read a third time and
passed to be Enacted —
Sent up by M"' Whitcomb & M'' Shepherd
The Committee on the Printers accounts reported that James D
Griffith be allowed twenty shillings in full for his account which
was for advertizing the report of the Committee on
* 14-178 * County lines, which account is lost — which report
being read and considered, voted that it be received
and that the President give order accordingly —
Sent up by M"' Prescutt —
The Committee to consider of the report of a Committee ap-
pointed last Session to examine and settle the Treasurers Accounts
reported that said report be received & accepted and the Statement
1791] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 235
by them reported be approved & considered as a settlement of
Accounts between the state and said Treasurer as far as relates to
the matters therein stated — that the Indents mentioned in said
report and all other public Securities of the United States now in
the hands of said Committee be delivered over to the Commis-
sioners appointed to fund the Same in behalf of this State taking
from said Commissioners a descriptive certificate therefor to be
fairly recorded in the Secretarys Office and lodged in the Comp-
trollers Office for the use of the State — That the state notes and
Certificates and new emission money, mentioned in said report be
secured and deposited in the Treasurers Office and custody the
said Treasurer giving sucli descriptive certificate for said State
Notes Certificates & New Emission money as the President shall
think proper to Accept, which receipt is to be fairly recorded by
the Secretary and lodged in the Comptrollers Office —
That the state orders and orders for premiums for killing wolves
mentioned in said report be punched under the direction of the
President and Council by persons to be appointed for that purpose
and be deposited in the said Comptrollers Office for the use of the
state — And that Accounts receipts and all other papers in the
hands of the Committee as mentioned in the said report and not
otherwise herein disposed of be also deposited in the said Comp-
trollers office for the use of the state and that when the business
shall be compleated on the part of said Committee as herein before
mentioned that they be fully discharged — Which report being
read and consider'' voted that it be reC' & accepted
Sent up b}' M'' Prescutt —
* An Act to Incorporate & establish an Academy in * 14-179
Amherst was read a third time and passed to be En-
acted — Sent up by M'' Prescutt & M'' Temple
Voted that the Account of Caleb Buswell amounting to twenty
one pounds ten shillings be allowed and paid out of the Treasury
by order of the President from the money now in the Treasury —
Sent up by M'' M'Clarey
[ Voted that the Account of William Duncan amounting to three
pounds be allowed and paid out of the Treasury by order of the
President — Sent up by M"' M'Clarey]
Resolved that in all future Sessions of the Legislature of this
State that the Doors of the Senate be open lor the admission of
the Citizens of this State to hear the debates of the Senate in the
Same manner as citizens are now admitted to hear the debates of
the House of Representatives — Sent up by M'' ArClarey
236 NEW HAMPSHIRE EARLY STATE PAPERS. [179^
Resolved that the Treasurer be and he hereby is directed to
issue a precept to the Several Towns and places that have been
represented the year past stating therein the Sum due from such
Town or place for the attendance of their respective representa-
tives and that he require the Select men to pay such sum into the
Treasury by the first day of March 1792 —
Sent up by M"' M'^Clarey
The Committee to consider of a Letter from Alexander Hamil-
ton Esq'' Reported that his Excellency the President be requested
to call upon the Treasurer or such other person or such other per-
sons as he may think proper to obtain the Information requested
in the letter from the Secretary of the Treasur}- dated Jan'' 14'"
1791 and make answer to said letter as upon enquiry he may judge
expedient — and also that his Excellency the President be re-
quested to take such other measures respecting the subject matter
of said Letter as he with advice of Council ma}- think for the
public good — which report being read and considered voted that
it be received and accepted — Sent up by M' M'Clarey
1 [Motion was made that a resolve pass this house in the follow-
ing words :
Resolved that it is the opinion of this house, that the act of
Congress passed at the last session, intitled. "An act making pro-
vision for the debt of the United-States." so far as the same
respects making provision for the debts of the respective states,
is very injurious to this state, because this state have already
made provision for the payment of the greater part of the debt
incurred by this state, during the late war, and a considerable
proportion of it is actually paid, and because this state can with
more justice and satisfaction to its creditors, and more ease to its
citizens, discharge the balance now due from this state, than the
same will or can be discharged b}* the method prescribed in said
act. and because the sum so assumed, is by no means in propor-
tion to the services done, or debts contracted for the common
defence, by the respective states ; as in case of any assumption
previous to a final settlement of the account of the several states,
in justice and equity it ought to have been, and that this state is
particularly injured in this respect, their just proportion of said
sum of twenty one million and five hundred thousand dollars,
being a sum far exceeding the sum of three hundred thousand
dollars assumed for this state \>\ said act.
On which motion the yeas and nays were called, and are as
follow :
1 Taken from printed journal.
179IJ JOURNAL OF THE HOUSE OF REPRESENTATIVES.
!37
Yeas.
Mr. Macgregore,
Mr. Copp,
Mr. Flanders,
Mr. Temple,
Mr. Kimball,
Mr. Freeman,
Nays.
Mr. Gains,
Mr. Weeks,
Mr. Hill,
Mr. Gibson,
Mr. N. Hoit,
Mr. Parker,
Mr. Wallace,
Mr. Rand,
Mr. Baker,
Yeas.
Mr. Clough,
Mr. Dole,
Mr. Page,
Mr. Wellman,
Mr. Duncan,
Mr. Tarleton,
Nays.
Mr. Wentworth,
Mr. Brown,
Mr. M'Clarey,
Mr. Kellie,
Mr. M'Millan,
Mr. Barrett,
Mr. Shepherd,
Mr. Penniman,
.Mr. E. Hoit,
Yeas.
.Mr. Chamberlain,
.Mr. Warner,
Mr. Stiles,
Mr. Grout,
.Mr. Burnham,
Mr. Dame,
Nays.
Mr. Connor,
.Mr. Eastman,
Mr. Bradley,
Mr. Palmer,
.Mr. Taylor,
.Mr. Clark,
Mr. Whitcomb,
.Mr. Morse,
Mr. Young,
Mr. Joseph Smith,
Mr. Gerrish.
Mr. Prescott,
Mr. Holmes,
Mr. Crawford.
Nays.
-Mr. Blanchard,
Mr. Plummer,
iMr. Bartlett,
Mr. Badger,
Mr. Emerson,
.Mr. Cragin,
Mr. .'\le.xander,
Mr. Stone,
Mr. Eames.
23 Yeas — 36 Nays, — So it was negatived.]
* On the Second reading of the Bill for raising two * 14-180
Thousand pounds for the use of this State for the cur-
rent year motion was made that it pass to be Enacted on which
motion the yeas and nays were called and are as follows —
Yeas.
Mr Baker
M^ Blanchard
M<- Hill
M"- M<^Clarey
M"- Bradley
M"" Gibson
Mr Kellie
Mr Badger
Mr N Hoit
Nays.
Mr Gains
Mr Wentworth
Mr Connor
Mr Macgregore
Mr Weeks
Mr Toppan
Mr Brown
.Mr Eastman
Yeas.
Mr Wallace
Mr Warner
Mr Parker
Mr Barrett
Mr Clark
Mr Cragin
Mr Gerrish
Mr Whitcomb
Nays.
Mr Plummer
Mr Cillev
Mr Clough
Mr Chamberlain
Mr Bartlett
Mr Jos Smith
Mr Palmer
Mr Copp
Mr Prescutt
.Mr Alexander
Mr Temple
Mr Wallace
.Mr Grout
.Mr Holmes
.Mr Morse
Mr Stone
Nays.
iVIr Taylor
Mr Dole
Mr Emerson
Mr Jere Smith
.Mr Wallace
Mr Flanders
Mr Page
Mr Shepherd
.Mr Burnam
Mr Crawford
Mr E Hoit!
Mr Freeman
Mr Young
.Mr Eames
Nays.
Mr Stiles
.Mr Rand
.Mr Penniman
.Mr Kimball
Mr Duncan
Mr Dow
Mr Tarlton
.Mr Dame
31 Yeas — 32 Nays — so it was negatived —
Adjourned to 9 o"Clock. to morrow morning
238 NEW HAMPSHIRE EARLY STATE PAPERS. [179^
THURSDAY Fee^ 17'" 1791 —
The House met according to adjournment
An Act to prevent incestous marriages and to regulate divorces
— was read a third time and passed to be Enacted —
Sent up by M'" Gains & M"' Freeman
Voted that the Account of James Graj- amounting to One pound
fifteen shillings and three pence be allowed & paid out of the
Treasury by order of the President — Sent up by M'' Gains —
Voted that the Account of Moses L Neal amounting to five
pounds thirteen shillings and three pence be allowed and paid out
of the Treasur}- b}- order of the President from the revenue aris-
ing by Excise — Sent up by M' Gains —
Voted that no extent issue against the Select men of Bath for
any public taxes until January 1792 —
Sent up by M' Young
* 14-181 * Voted that the Account of John Calfe Esq'' amount-
ing to Nine pounds and Seven pence be allowed and
paid out of the Treasury by order of the President from the
Revenue arising by Excise — Sent up b}' M'' Young
Voted that the Account of Josiah. Nelson amounting to Eighteen
pounds fifteen shillings and four pence be allowed and paid out of
the Treasury by order of the President — Sent up by M"' Dole
Upon reading and considering the Petition of Samuel Flagg
voted that the prayer thereof be granted and that he have leave to
bring in a Resolve accordingly — Sent up by M'' Warner
An Act to authorize the Treasurer to issue precepts to certain
Towns and places was read a third time ct passed to be Enacted —
Sent up by W Warner & W Cragin
Voted that his Excellency the President be desired to give
information to the Revr'' AP Evans of Concord that it is the desire
of the Legislature that he would prepare & deliver an Election
Sermon at Concord belbre the General Court that may assemble
on the first Wednesdaj- in June next and in case that it should so
happen that the Revr'' M'' Evans cannot attend, that the Revr'' M''
Morrison of Londondery be requested to prepare for the abo\e
purpose — Sent up by M'' Emerson
Voted that M'' Toppan, M'' Page & M'' Macgregore with such
of the Honb' Senate as they may join be a Committee to prepare
a Petition to Congress and Instructions to our representatives on
the Subject matter of the Assumption of the state debts —
Sent up by M'^ E Hoit
Adjourned to 3 o'Clock P. M —
1791] JOURNAL OF THE HOUSE OF REPRESENTATIVES.
239
Met according!}'
I'otcd that M' Gains, M'' Page & M'' Badger with such of the
Honb' Senate as they mav join be a Committee to report what
business is necessary to be yet done at this Session and when this
Court shall adjourn — Sent up by M' Eames —
On motion whether this state will make &uy grant *to * 14-182
the Revr'' M"^ Belknap for his encouragement in com-
piling and perfecting the History of this State — The j-eas and
nays were called and are as follows — (viz) —
Yeas.
M' Gains
M"' Connor
M"' Macgregore
Mr Blanchard
M-- Weeks
Mr Toppan
Mr Plummer
Mr Hill
M' Brown
Mr Eastman
Mr Mi^Clarey
M-- Clough
Mr Chamberlain
M' Jos Smith
M"' Gibson
Mr Badger
M"- Cillev
M-- Bradley
M"- Bartlett
lAK Kellie
Mr Palmer
Mr Copp
Mr McMillan
Mr Emerson
Nays.
Mr N Hoit
Mr Taylor
Mr Dole
Mr Clark
Mr Cragin
Mr Wallace
Mr Flanders
Mr Warner
Mr Parker
Mr Barrett
Mr Jere Smith
Mr Gerrish
Mr Page
Mr Stiles
Mr Prescutt
Nays.
Mr Shepherd
Mr Whitcomb
Mr Alexander
Mr Temple
Mr Rand
Mr Penniman
Mr Morse
Yeas.
Mr Wellman
Mr Grout
Mr Holmes
Mr Stone
Mr Duncan
Mr Freeman
Mr Tarlton
Mr Eames
Nays.
Mr Kimball
Mr Baker
Mr Burnam
Mr Crawford
Mr E Hoit
Mr Dame
Mr Young
32 Yeas — 29 Nays — so it passed in the Affirmative
Voted that the Revr'' Jeremj- Belknap have & receive out of the
Treasury of this State lift}' pounds as an encouragement for his
laudable undertaking of compiling and perfecting the History of
this State — On which vote the yeas & Nays were called and are
as follows (viz)
Yeas.
Yeas.
Yeas.
Yeas.
Mr Gains
Mr McClarev
Mr Emerson
Mr Prescutt
Mr Connor
Mr Clough
Mr Warner
Mr Wellman
Mr Macgregore
Mr Chamberlain
Mr Parker
Mr Grout
Mr Blanchard
Mr Bradley
Mr Barrett
Mr Holmes
Mr Weeks
Mr Bartlett
Mr Jere Smith
.Mr Duncan
Mr Toppan
Mr Kellie
Mr Gerrish
Mr Freeman
Mr Plummer
Mr Palmer
Mr Page
Mr Tarlton
Mr Hill
Mr Copp
Mr Stiles
Mr Eames
Mr Cilley
Mr McMillan
240
NEW HAMPSHIRE EARLY STATE PAPERS.
[179I
Nays.
M'' Brown
M"" Eastman
Mr Jos Smith
Mr Gibson
M"^ Badger
Mr N Hoit
Mr Taylor
JJays.
Mr Dole
M'- Clark
Mr Cragin
M"- Wallace
Mr Flanders
Mr Shepherd
Mr Whitcomb
Nays.
Mr Alexander
Mr Temple
Mr Rand
Mr Penniman
Mr Morse
Mr Stone
Nays.
Mr Baker
Mr Burnam
Mr Crawford
Mr E Hoit
Mr Dame
Mr Young
34 Yeas — 26 Nays — so it passed in the affirmative
Sent up by M'' Prescutt —
* 14-183 * Resolved that the Treasurer of this State be and he
hereby is directed not to issue any Extents against any
Constables or Collectors for any state Certificate or Indent out-
standing Taxes except on particular application of the Select men
of any Town or place until further order of the General Court —
On which resolve the Yeas and nays were called and are as fol-
lows (viz)
Yeas.
Yeas.
Yeas.
Yeas.
Mr Gains
Mr N Hoit
Mr Stiles
Mr Duncan
Mr Macgregore
Mr Copp
Mr Whitcomb
Mr Baker
Mr Blanchard
Mr M'-Millan
Mr Prescutt
Mr Burnam
Mr Weeks
Mr Taylor
Mr Alexander
Mr Crawford
Mr Toppan
Mr Dole
Mr Temple
Mr E Hoit
Mr Brown
Mr Warner
Mr Rand
Mr Freeman
Mr Chamberlain
Mr Jer-^ Smith
Mr Wellman
Mr Tarlton
Mr Bartlett
Mr Flanders
Mr Holmes
Mr Dame
Mr Gibson
.\lr Page
Mr Stone
Mr Young
Mr Kellie
Mr Shepherd
Mr Kimball
Mr Fames
Mr Palmer
Nays.
Nays.
Nays.
Nays.
Mr Connor
Mr McClarey
Mr Parker
Mr Gerrisli
Mr Eastman
Mr Bradley
Mr Barrett
Mr Grout
Mr Plummer
Mr Jos Smith
Mr Cragin
Mr Penniman
Mr Hill
Mr Emerson
Mr Watlace
Mr Morse
Mr CiUey
41 Yeas —
17 Nays — so it
passed in the Affii
rmative
Sent up by M'' Brown
Resolved that the Treasurer of this State be and he hereby is
directed to issue his extents against the Several Excise masters
who are now Indebted to this State, except upon the Bonds
signed by John Neal, Ebenezer Green and Bradbury Cilley
Esquires on the first da}^ of May next unless the Se\'eral excise
masters shall previous to that time pay into the Treasury one third
of the Sum now due on said Excise bonds other than those before
excepted Sent up by M' Brown
1791] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 24I
The following vote respecting the Honb' Woodbury Langdon
came down from the Honb' Senate —
^TT i- Mn Senate Chamber Concord Feb'' 17"' 1701 —
Hampshire ^ 1 ly
The Honb' Ebenz'' Smith Senior Senator in the Chair Nath"
Peabody, Ebenz' Webster, John Bell, Amos Shepherd Peter
Green. Nath" Rogers, Sanford Kingsbury & Joseph Cilley
Esquires Present —
* His Honour the Senior senator laid before the Sen- * 14-184
ate a Resolve of the House of Representatives of the
twenty Sixth of Januarj- last purporting to be an Address to his
Excellency the President and the Honb' Council for the removal
of Honb' Woodbury Langdon Esq'' from the Office of Justice of
the Superior Court of Judicature in this State which was read —
And which together with a short retrospective view of the late
proceedings of the Said Honb' House of Representatives with
respect to said Langdon and his conduct toward them and the
Senate being d\x\y considered — The Senate are of Opinion
although they pretend not at this time to determine but that said
Langdons Conduct in his said Office on trial upon the merits of
an Impeachment might have been found extremely censurable
nor do they sa}- but that his conduct in many other respects
towards the authority of the State in General and some respect-
able characters in places of high trust and Confidence in particu-
lar might upon a candid construction appear unjustifiable even
upon the most favourable explanation — Yet when the Senate for
a moment reflect that the full force of said Resolve or address if
carried into execution, can operate no farther than to effect a
removal from office — And also consider that M'' Langdon hath
accepted of an Important appointment under the authority of
the United States which renders it inconvenient for him to exer-
cise and highly improper that he should any longer hold his said
office as a Justice of said Court — And that M'' Langdon im-
pressed with these Sentiments or from other motives hath prior to
said resolve by a letter dated the 17'" of January last for that pur-
pose now before the President and Council actuallj- resigned his
said Office — And notwithstanding the Senate entertain the most
favourable Ideas and Sentiments of the wisdom zeal
and laudible efforts of the Honb' House * by their * 14-185
endeavouring to bring to trial any officer of Goverment
accused of Mal-conduct in Office, Nevertheless the Senate taking
all circumstances into consideration Unanimouslv voted that it is
242 NEW HAMPSHIRE EARLY STATE PAPERS. [^791
not their duty to Concur with the Honourable House in their said
Resolve or Address — [Joseph Pearson Secretarj^]
Voted that the Honb' Jeremiah Smith Esq'' be and he hereby is
appointed a Committee to inspect the press while the revised laws
are printing — That he prepare an Index & Superintend and
direct the business of printing and binding said Laws and that
the Committee for revising the Laws be requested to lay before
the General Court such further Laws as are necessary to compleat
the Sj'stem at the Commencement of the next Session — and that
said Committee determine what laws now in force shall be printed
and published — and in case M'' Smith cannot attend that the
President and Council appoint some other person —
Sent up by AP E Hoit —
Adjourned to 8 o'Clock to morrow morning
FRIDAY Febk i8"' 1791.
The House met according to adjournment
The following resolve came down from the Honb' Senate for
Concurrence —
Whereas Samuel Flagg hath Petitioned the General Court of
said State setting forth that Zaccheus Cutler late of Amherst in
said State Esq' on the fourth day of Sepf A D 1774 For value
received made and Subscribed his note of hand to the said Sam-
uel for the Sum of Eighty eight pounds Seven shillings & ten
pence Lawful money carrying Interest and his further note for
the Sum of Six pounds fitteen shillings and Seven pence like
money with Interest after three months — And afterwards the said
notes being due and unpaid became an absentee & b}- due course
of Law Commissioners were appointed to examine and allow
claims to his estate, but that by some unforeseen accident the said
Samuels demands aforesaid although he had taken as he Sup-
posed due pains to lay them before said Commissioners, were not
by them duly examined or allowed by means whereof
* 14-186 he had been deprived of the * benefit of said Notes and
prayed relief herein and that he might be admitted to
come in with the other creditors and have the contents of said
Notes or such part of said Absentees Estate as yet may be found
in outstanding debts due to said Estate not proportioned among
the Creditors or that he might be otherwise relieved and obtain
Substantial justice as to the said Court might Seem most fit —
Which prayer appearing reasonable
Be it therefore Resolved that the said Samuels Claims aforesaid
I791] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 243
be admitted according to the effect of his said prayer notwith-
standing their not having been allowed by said Commissioners
and that he have the Same out of the Estate of the said Absentee
not yet administred upon or not accounted for if any such may
be found but nothing herein shall be understood to entitle him to
receive the Same out of the Estate of the said Absentee already
proportioned among the other Creditors —
which resolve was read and concurred —
Sent up by M'' Smith
Voted that the President with the advice of Council be desired
to appoint a Post Officer at Plastow provided it can be done with-
out an}- expence to the State — Sent up by M" Smith
7?esohrd that all Specie orders or orders drawn by the President
on the Treasurer or the funds of Impost Exxise or Naval Office
and Wolf Certificates be indiscriminately received in the paj^ment
of any outstanding Specie Tax, Impost or Excise bonds —
Sent up by M"' Holmes
An Act for suspending the operation of Sundry Acts therein
enumerated until a certain time therein mentioned came down from
the Honb' Senate to be Enacted and after having been read a third
time was Enacted — Sent up by M"' Smith & M'' Emerson
The vote appointing M'' Smith to inspect the press &c came down
from the Honb' Senate for the following amendment "That the
Honb' Nath" Peabody Esq'' be added to the committee
to inspect the press while the revised laws are * printing * 14-187
either of whom to attend that business and that said
Committee be directed to draught a book of forms for such civil
Officers of this State as they shall think proper & la}- the Same
before the General Court at the next Session which amendment
was read & concurred — Sent up by M' Prescutt
Voted that the President with advice of Council be desired to
adjourn the General Court to the last Wednesday in Maj- next
then to meet at Concord — Sent up by M'' Prescutt —
Resolved that the thanks of the General Court be returned to
the Town of Concord for the generous and very polite offer made
by the Select men in behalf of said Town of the use of the well
designed and elegant public building lately erected for the accom-
modation of the General Court this mark of attention and liberality
in the Town of Concord will be gratefully remembred by the
Legislature whose deliberations will be facilitated by improving
the fabric for the laudible purposes for which it was erected and
the rising prosperity of this Town will at all times add to the hap-
piness of the General Court and that the Honb' Moses Dow
244 NEW HAMPSHIRE EARLY STATE PAPERS. [^79^
Esquire be a Committee to present a Copy of this Resolve to the
Select men of the Town of Concord — Sent up by M' Prescutt
Voted that the Clerk of this House be directed to furnish the
Treasurer with a Copy of the vote tor staying extents for the out-
standing Certificate & Indent Taxes —
The Secretarv came down and gave information that he was
directed by his Excellency the President that he with advice of
Council had thought fit to adjourn the General Court to the last
Wednesday in May next then to meet at Concord — and that they
were accordingly adjourned
^ [Of the foregoing votes which were sent up to the Honorable
Senate for concurrence, the following were non-concurred and
ordered to lay until the next session.
The vote granting the prayer of the petition of E[s]ther
Holland.
The vote on the petition of Wendell, Lemster, Unity, &c.
The vote on the petition of Abiel Heywood.
The vote on the petition of Love Runnels.
The vote in favor of Daniel Putnam's receiving £i6 for losses
in 1776.
The vote on the petition of Isaac Baldwin.
The Hemp act.
The vote granting the prayer of the petition of Aaron Davis.
The vote granting the petition of Lemuel Parker.
The vote for exchanging Benjamin Hanniford's order.
The vote for granting a lotter}' for Chesterfield Academy.
The vote for granting a lottery for Newipswich Academy.
The vote for granting a lottery, &c. for Hopkinton.
The vote for receiving 85. in specie, in lieu of 205. in indents and
certificates, and
The resolve for the Treasurer's issuing precepts to certain towns
and places were non-concurred.
The act for regulating licenced houses, and
The resolve for the Treasurer not to issue extents against
excise masters were non-concurred.
The bill for opening a channel on Waterquechee-falls.
Walter Geer's petition.
Hampton petition for a lottery.
Amherst petition as far as it respects a lottery, and
The resolve for keeping the Senate doors open, were ordered
to lay until the next session.]
1 Taken from printed journal.
STATE OF NEW HAMPSHIRE,
A REGISTER
OF
Resolutions and Adyice of Council,
BEGUN AT THE FIRST SESSION IN JUNE, 1790.
President and Council.
NOMINATIONS,
* At a Council holden at Concord June 9"' 1790 * i B. N.-64
Present His Excellency Josiah Bartlett Esq Pres-
ident The Hon*'"' Christopher Toppan, Joseph [Badger], Rob'
Wallace Lemuel Holmes and Jonathan Freeman Esquires —
Proceeded and nominated
Daniel Newcomb of Keene Esq. Sam' Ashley Esq of Clare-
mont, Benj Bellows Esq of Walpole and Francis Smith Esq of
Plaintield one of whom for first Justice of the Inferior Court on
Com" Pleas for the County of Cheshire — Jonathan Freeman
Joseph Badger J''
Lemuel Holmes
Christo'' Toppan
Robert Wallace
At a Council holden at Concord June 10"' 1790
Present His Excellency Josiah Bartlett Esq President The Hon.
Christ" Toppan, Joseph Badger Rob' Wallace Lemuel Holmes &
Jonathan Freeman Esquires —
Proceeded and nominated the following Gentleman to the re-
spective Offices hereafter mentioned —
William Weeks Esq lor a Justice of the peace & of the Qiio-
rum for the County of Rockingham —
Mathias Bartlett, Moses Hook Jer" Clough Jun'' Nathaniel
Batchelder, Simon Wiggin, Jon" Leavitt Elisha Brown Tim" Ladd
of Salem Stephen March of Greenland, and Jn"
White of *Plastow for Justices of the Peace for * i B. N.-65
the County of Rockingham —
George Frost Esq of Durham for a Justice of the Peace and of
the Qiiorum for the County of Strafford — Solom" Emerson of
248 NEW HAMPSHIRE EARLY STATE PAPERS. [179O-9I
Madbury Jabez Dame of Rochester Jn" Smith 3'' Durham, for
Justices of the Peace for the County of Strafford. —
Nath' Bean of Warner, Asa Davis of Nottingham West Zeph''
Clark for Justices of the Peace for the County of Hillsbor" —
Daniel Grout of Acworth & Daniel Kimball of Plainfield for
Justices of the Peace for the County of Cheshire
Joseph Skinner of Lyme and Joseph Senter of Plymouth for
Justices of the Peace for the County of Grafton
Amos Shepard Esq of Alstead for a Justice of the Peace & of
the Quorum for the County of Cheshire —
Joseph Pearson for a Justice of the Peace & of the Quorum
through the State. —
Benj" Brown of Epping for L' Col" and Olivr Morrill of Epping
for Maj. of the 4"' Regiment of Militia —
Advised to by us — Christo'' Toppan
Joseph Badger J''
Lemuel Holmes
Robert Wallace
Jon'' Freeman
* I B. N.-66 * At a Council holden at Concord June 11"' 1790
Present His Excellency Josiah Bartlett Esq Pres-
ident The Hon. Christ" Toppan Joseph Badger Robert Wallace
Lemuel Holmes & Jon" Freeman Esq" —
Proceeded & nominated —
Ezekiel Godfrey of Poplin for a Justice of the Peace for the
County of Rockingham —
Levi Dearborn of N"' Hampton for d '
Caleb Tilton of Hampton falls for d ' Christo'' Toppan
Robert Wallace
Jon" Freeman
Lemuel Holmes
Joseph Badger J'
At a Council holden at Concord June 16"' 1790. —
Present, His Excellency Josiah Bartlett Esq President The Hon
Joseph Badger Rob' Wallace Lemuel Holmes & Jon" Freeman
Christ" Toppan Esquires. —
Proceeded & nominated
Archibald MacMurphy for a Justice of the peace for the County
of Rockingham —
Samuel Weare of Hampton falls for a Justice of the peace
for d"
1790-91] RECORDS OF PRESIDENT AND COUNCIL. 249
Thomas Pennyman of Washington for a Justice of the Peace
for the County of Cheshire Christo'' Toppan.
Lemuel Holmes.
Joseph Badger J''.
Robert Wallace.
Jon" Freeman.
*At a Council holden at Concord June 17, 1790 — * i B. N.-67
Present His Excellency Josiah Bartlett Esq Presid'
The Hon. Christ" Toppan Joseph Badger Rob' Wallace Lemuel
Holmes & Jon" Freeman Esquire —
Proceeded & nominated. —
The Hon Christ" Toppan for a Justice of the Peace & of the
Quorum throughout the State —
Advised to by us Jonathan Freeman
Robert Wallace
Lemuel Holmes
Joseph Badger J''
Proceeded and nominated —
Joseph Dow of Hampton for a Justice of the Peace for the
County of Rockingham
Moses Leavit of North Hill for a Justice of the Peace & of the
Quorum for the County of Rockingham
Eben'' Webster for a Justice of the Peace & Qiiorum for the
County of Hillsbor" —
Henry Gerrish of Boscawen for a Justice for the County of
Hillsbor" —
Jerem'' Emerson of Hopkinton for a Coroner for the County of
Hillsbor" —
Gideon Lamson & Simeon Ladd of Exeter one of whom for a
Coroner for the County of Rockingham. —
John M'Murphy dismised of Alexandria for a Coroner for the
County of Grafton. —
Samuel Dodge of Hillsbor" for a Coroner for the County of
Hillsbor" —
The Hon. Woodbury Langdon, John Dudley Simeon Olcott &
John Pickering Esq'^ one of whom for a Chief Justice of the Su-
perior Court of Judicature —
The Hon Tho' Bartlett, Daniel Humphreys, James Sheafe &
Nath' Rogers Esq. one of whom for a Justice of the Inferior Court of
Common Pleas for the Count}- of Rockingham —
*The Hon. Oliver Peabody, Nathaniel Peabody, *i B. N.-68
Daniel Humphreys, Joshua Bracket, W" Plum-
250 NEW HAMPSHIRE EARLY STATE PAPERS. [179O-9I
mer & Daniel Rindge Esq''" one of whom for a Judge of Probate
for the County of Rockingham. — Jonathan Freeman
Christo'' Toppan
Joseph Badger J"'
Robert Wallace
Lemuel Holmes —
At a Council holden at Concord June 19"' 1790
Present His Exellency Josiah Bartlett Esq President The Hon
Christ" Toppan Joseph Badger Rob' Wallace Lemuel Holmes &
Jonathan Freeman Esq'
proceeded & nominated
Benj" Mann of Mason for a Justice of the Peace for the County
of Hillsbor" —
Jon'' Searle for d"
John Cochran Jun"' New Boston for d°
Christ" Toppan
Jonathan Freeman
Robert Wallace
Joseph Badger J''
Lemuel Holmes
* I B. N.-69 * At a Council holden at Kingstown July 8"' 1790
Present His Excellency Josiah Bartlett Esq Presi-
dent The Hon. Christopher Toppan Joseph Badger Rob' Wallace,
Lem' Holmes & Jonathan Freeman Esquires —
Proceeded & nominated
John Shepard of Gilmantown for a Justice of the Peace for the
County of Strafford.
Joseph Badger Jun'' of Gilmantown for a Justice of the Peace &
Quorum for the County of Strafford Christo'' Toppan
Jon" Freeman
Robert Wallace
Lemuel Holmes
Josiah Oilman Jun'' for a Justice of the Peace for the County of
Rockingham —
Rich'' Jenness of Deerfield for a Justice of the Peace for s'*
County. Christo'' Toppan
Jon" Freeman
Robert Wallace
Lem" Holmes
Joseph Badger J''
• I B. N.-70 * Proceeded & nominated. —
John M^Clary & Sam' Penhallow Docf Cutter
1790-91] RECORDS OF PRESIDENT AND COUNCIL. 25 1
Esq" for special Justices of the Superior Court for the County of
Rockingham in certain causes to be mentioned in the Commis-
sion —
Joshua Wingate & John M'^Duffee Esq for special Justices of
the Sup. Court for the County of Strafford in certain causes &c.
Joshua Bailey & Sam' Wilkins Esq" for special Justices of the
Sup. Court for the County of Hillsbor" in certain Causes &c —
Sam' Stevens & Calvin Frink Esq" for special Justices of the
Sup. Court for the County of Cheshire in certain causes &c
Russell Freeman & Davenport Phelps Esq" for special Justices
of the Sup. Court for the County of Grafton in certain causes &c —
Christo'' Toppan
Jon" Freeman
Lem" Holmes
Joseph Badger Ju"'
RobertWallace —
* At a Council holden at Exeter Aug. 19 1790. — * i B. N.-71
Present, His Excellency Josiah Bartlett Esq. Pres-
ident. The Hon. Christopher Toppan, Joseph Badger, Rob'
Wallace Jon" Freeman & Lemuel Holmes Esquires. —
Proceeded & nominated.
Simmons Secomb of Kingston for a Justice for the County of
Rockingham.
Tho"" Stow Raney of Brintwood for d" —
Will'" Harper of Sandbornton for a Justice of the peace for the
Count)' of Strafford.
James Hearsy of d" for d° [in margin] postponed d"
Nathan Taylor of d° for d° d"
David Blish of Gilsum for a Justice of the Peace for the County
of Cheshire. —
Reuben Alexander of Winchester for d°
Edward Jewett of Rindge for d''
John Tasker of Barnstead for a Justice of the Peace for the
County of Strafford —
Oliver Whipple of Portsm" for a Justice of the Peace for the
County of Rockingham
John Prentice Esq a Justice of the Peace & Qiiorum through
the State —
Nenian Aiken for a Justice of peace for the County of Hillsbor"
Josiah Stevens for d° for the County of Cheshire —
Ch" Johnston for a Justice of the Peace & Qiiorum for the County
of Grafton —
252 NEW HAMPSHIRE EARLY STATE PAPERS. [179O-9I
Edm'' Shattock for a Just'' Peac'' for the Count}- of Grafton
M' Thomas Odiorne for a Special Justice of the Inferior Court
of Com" Pleas for the County of Rockingh""
*i B. N.-72 And *M'' Ephraim Robinson for a Special Justice
of the Inferior Court of Common Pleas for the
County of Rockingham —
Advised to by us — Christo'' Toppan
Robert Wallace
Jon" Freeman
Joseph Badger Ju'
Lemuel Holmes
At a Council holden at Exeter Oct" i6. 1790 —
Present His Exellency Josiah Bartlett Esq President, The Hon.
Christopher Toppan, Joseph Badger, Rob' Wallace, Lemuel
Holmes & Jon" Freeman Esq''
Proceeded & nominated
Roger Gilmore of Jaffrey for a Justice of the Peace & Quorum
for the Count}- of Cheshire —
Jer" Stiles of Keene for a Justice of the Peace for the County of
Cheshire. —
Samuel Jenness of Rye for a Justice of the Peace for the County
of Rockingham. —
Samuel Douglass Jun" of Rab}- for a Coroner for the County of
Hillsbor"
Rich'' C. Shannon of Raby for a Justice of the Peace and
Quorum for the County of Hillsbor"
Will"' Ayer, of Canaan for a Justice of the Peace for the Count)-
of Grafton. — Christo'' Toppan
Robert Wallace
Jon" Freeman
Joseph Badger Ju'^
Lemuel Holmes
*i B. N.-73 * At a Council holden at Concord Jan-' 7"' 1791
Present His Excellency Josiah Bartlett Esq Presi-
dent Hon Christ" Toppan Joseph Badger jun'^ Rob' Wallace &
Lemuel Holmes Esquires
Proceeded & nominated
John Mooney of Holderness for a Justice of the Peace for the
County of Grafton —
Joshua Foss of Barrington for a Justice of the Peace lor the
County of Strafford —
Tho' Tash Jun'' of New Durham for a Justice of the Peace for
the County of StratTord —
1790-9^] RECORDS OF PRESIDENT AND COUNCIL. 253
Advised to by us Christo'' Toppan
Robert Wallace
Joseph Badger }■■
Lemuel Holmes
At a Council holden at Concord Jan'' 8"' 1791 —
Present His Excellenc}- Josiah Bartlett Esq President Hon"*'"
Christ" Toppan Joseph Badger jun'' Lemuel Holmes & Jonathan
Freeman Esquires
Proceeded & nominated
John Sherburne Portsm" } tor Justices of the Peace &
Dan' Rindge Portsm" ^ Qiiorum thro' the State
Benj'' Sias of Pittsfield for a Justice of the peace Rockingham
John Waldron of Dover for a Justice of the Peace & Quorum
for the County of Strafford
James Brackett Lee for a Justice for the County of Strafford
Abraham Sanborn of Protectworth for a Justice of the Peace
for the County of Cheshire —
* Uriel Evans of Hinsdale for d" in d" *i B. N.-74
Ebenezer Wright of Plainfield for d'= in d"
Advised & consented to bj- us Christo'^ Toppan
Joseph Badger 'y
Lemuel Holmes
Jon-' Freeman
Robert Wallace
At a Council holden at Concord Jan^' lo"" 1791 —
Present His Excellency Josiah Bartlett Esq President The Hon.
Christ" Toppan Joseph Badger jun' Jon" Freeman & Lemuel
Holmes Esquires. —
Proceeded & nominated.
Elijah Frink of Lempster for a Justice of the Peace for the
County of Cheshire —
Daniel Beede Sandwich a Justice of the Peace & Qiiorum for
the County of Strafford — Christo' Toppan
Jon" Freeman
Joseph Badger J''
Lem" Holmes
Robert Wallace
At a Council holden at Concord Jan'' 17, 1791
Present His Exelency Josiah Bardett Esq President The Hon.
Christopher Toppan Lemuel Holmes Jonathan Freeman Esq''"
Proceeded & nominated —
Elijah Henman of Stratford for a Justice of the peace for the
County of Grafton
254 ^'^"^^ HAMPSHIRE EARLY STATE PAPERS. [179O-9I
James Burnside of Northumberland for a Coroner for s''
County — r^ . T 1 ■c' J )of Portsmouth for Cor-
•' Lapt ohn li^vans and ( r ,u /-> ^ r
r^ . -Kj .ui T\/r L 11 /-oner lor the Countv of
Capt Nath' Marshall ( d i ■ i
^ ) Rockingham
* I B. N.-75 * John Smith of New Chester for a Coroner for the
County of Grafton —
Absolem Peters of Wentworth for a Coroner lor the County of
Grafton — Christo'' Toppan
Lemuel Holmes
Jon" Freeman
Joseph Badger J''
Robert Wallace
At a Council holden at Concord Jan'" 25"' 1791
Present His Excellency Josiah Bartlett Esq President Hon
Christ" Toppan Joseph Badger Jun'' Rob' Wallace & Lemuel
Holmes Esq'' —
proceeded & nominated
Levi Harvey of New London for a Justice of the peace for the
County of Hillsborough —
Peter Clark of Lyndborough for a Justice for s'' County
John Stark Jun'' of Derryfield for a Coroner for s'" County
Reuben Morse of Dublin for a Justice of the peace for the
County of Cheshire —
Levi Dearborn Jun"" of Ossipee for a Justice of the peace for
the Count}' of Strafford
Jon-^ Sherburne of Portsm" for a Justice of the peace for the
County of Rockingham —
Stephen Powers of Croydon for a Justice of the Peace for the
County of Cheshire —
Dan' Little of Hampstead for a Coroner for the County of Rock-
ingham — Christo'' Toppan
Lemuel Holmes
Robert Wallace
Joseph Badger J''
* I B. N.-76 * At a Council holden at Concord Feb"' 2'' 1791 —
Present His Excellency Josiah Bartlett Esq Presi-
dent Hon Christopher Toppan Joseph Badger Jun'' Robert Wal-
lace Lemuel Holmes & Jonathan Freeman Esq'"
proceeded and nominated
John Fairfield of Lyme for a coroner for the County of Graf-
ton —
Nathan Waldo of Orange lor a Justice of the peace for the
County of Grafton —
1790-9^] RECORDS OF PRESIDENT AND COUNCIL. 255
Frederic French of Dunstable for a Justice of the peace for the
County of Hillsbor" —
Augustus BLinchard of Amherst for a Justice of the Peace for
the County of Hillsbor" —
Francis Cragin of Temple for a Justice of the peace for the
County of Hillsbor"
Paul Hayes of Barrington for a Justice of the Peace for the
County of Stratford Christo"' Toppan
Robert Wallace
Jon'' Freeman
Joseph Badger J''
Lemuel Holmes
At a Council holden at Concord February 5"' 1791 —
Present His Excellency Josiah Bartlett Esq President — The
Hon'''" Christopher Toppan, Joseph Badger Jun", Robert Wallace.
Lemuel Holmes, and Jonathan Freeman Esquires
proceeded and nominated
Edward S. Livermore & Daniel Humphreys one of whom for a
Solicitor for the County of Rockingham —
Ed'' S Livermore for a Justice of the peace for the County of
Rock'™
John Demerritt of Madbury for a Justice for the County of
Stratford " Christo'' Toppan
Jon" Freeman
Joseph Badger J''
Robert Wallace
Lemuel Holmes
* At a Council holden at Concord Feb'" 7"' 1 791 — *i B. N.-77
Present His Excellencj- Josiah Bardett Esq Presi-
dent The Hon. Christopher Toppan Joseph Badger Robert
Wallace Lemuel Holmes & Jonathan Freeman Esquires —
proceeded & nominated —
William Simpson of Orford for a Justice of the peace & quorum
for the County of Grafton Christo'' Toppan
Joseph Badger J'
Robert Wallace
Lemuel Holmes
Jon-^ Freeman
At a Council holden at Concord Feb iS 1791
Present His Excellency Josiah Bartlett Esq Presid" The Hon
Christ" Toppan, Joseph Badger Jun Jon ' Freeman Lemuel Holmes
Rob' Wallace Esq""*
256 NEW HAMPSHIRE EARLY STATE PAPERS. [179O-9I
The Hon. Woodbury Langdon Esq having resigned his seat on
the Sup' bench —
proceeded & nominated
John Prentice, OHver Whipple Dan' Humphreys Nath' Peabody
Peter Green Timothy Farrar Joshua Atherton Moses Dow Elisha
Payne Tho" Cogwell one of whom for a Justice of the Superior
Court of Judicature Joseph Badger J"'
Lemuel Holmes
Jon" Freeman
Robert Wallace
Christo' Toppan
* I B. N.-7S * At a Council holden at Exeter March i8 — 1791.
Present — His Excellency Josiah Bartlett Esq Pres-
ident The Hon''' Christ" Toppan Joseph Badger Jun'' Rob' Wal-
lace Lemuel Holmes & Jon^ Freeman Esq''*
Proceeded & nominated
Joshua Weeks of Greenland for a Justice of the Peace for the
County of Rockingham
John Rollins of Somersworth
Joseph Pierce of New Durham Gore for Justices of the Peace
for the County of Stratford
Samuel Douglass of Raby
Aaron Greeley Hopkinton
John Shepard of Amherst (to be nom"' as of Quor™)
Sam' Wilkins of d"
Tim" Taylor of Merrimac & Robert Means of Amherst for Jus-
tices of the Peace for the County of Hillsborough
Dan' Emerson Jun' of Hollis for a Justice of the Peace & Qiio-
rum for said County
Benj" West of Charleston for a Justice of the Peace and Qiiorum
for the County of Cheshire
Elijah Grout of Charleston for a Justice of the Peace for s''
County.
Eben' Hoit of Grafton &
Eben"' Kendall of Cockermouth for Justices of the Peace for
the County of Grafton
Asa Foster of Canterbury for a Justice of the Peace for the
County of Rockingham — And Joseph March of Deerfield for d"
Christo'' Toppan
Lem" Holmes
Robert Wallace
Jon" Freeman
Joseph Badger J''
1790-91] RECORDS OF PRESIDENT AND COUNCIL. 257
* At a Council holden at Exeter March 19, 1791 — * i B. N.-79
Present as yesterday
Proceeded and nominated
William Duncan ot" Concord for a Justice of the Peace for the
County of Rockingham — «
John Bradley of Concord tor a Justice of the Peace for said
County. — Christo' Toppan
Robert Wallace
Joseph Badger J''
Lemuel Holmes
Jon" Freeman
At a Council holden at Exeter on the 14"' of May 1791.
Present His Excellency Josiah Bartlett Esq President The Hon.
Christopher Toppan, Jonathan Freeman Lemuel Holmes, Robert
Wallace & Joseph Badger Esq'*
proceeded & nominated
Eben"' Champney, Joshua Atherton, Eben'' Webster Henry Ger-
rish & John Duncan Esq'* one of whom for a Justice of the
Inferior Court of Common Pleas for the County of Hillsbor" —
Col George Aldrich of Westmorland for a Justice of the Peace
lor the County of Cheshire —
Sam' Kelley of N. Hampton for a Justice of the Peace for the
County of Strafford Christo' Toppan
Joseph Badger J"'
Robert Wallace
Jon" Freeman
Lemuel Holmes
* At a Council holden at Exeter May 17"' 1791 — * i B. N.-80
Present His Excellency Josiah Bartlett Esq Presi-
dent The Hon Christ" Toppan, Joseph Badger, Robert Wallace,
Lemuel Holmes, & Jon" Freeman Esq''* —
proceeded & nominated
Abiel Foster of Canterbury Esq a Justice of the Peace & of the
Qiiorum throughout the State
John Shepard of Amherst for a Justice of the Peace and of the
Quorum for the County of Hillsborough
Robert Alcock of Deering for a Justice of the Peace for s*
County — Christo'' Toppan
Joseph Badger J'^
Robert Wallace
Jon" Freeman
Lemuel Holmes
APPOINTMENTS, RESOLUTIONS, AND ADYICE,
* 2 p. & C.-iio * At a Council holden at Concord June 9"' 1790
Present His Excellency Josiah Bartlett Esq
President The Hon'''^' Christ" Toppan Joseph Badger, Lemuel
Holmes Robert Wallace & Jon" Freeman Esq''* —
His Excellency the President requested the Advice of Council
relative to drawing Orders on the Treasurer —
Whereupon the Council advise His Excellency to issue his
Orders on the Treasurer agreeably to the Acts, Resolves & Votes
of the General Court which have been heretofore passed or shall
be passed during the present Session —
Advised to by us. — Christo"' Toppan
Joseph Badger J"^
Robert Wallace
Lemuel Holmes
Jon" Freeman
At a Council holden at Concord June 17, 1790 —
Present His Excellency Josiah Bardett Esq. President The Hon.
Christ" Toppan, Joseph Badger, Lemuel Holmes, Robert Wal-
lace, & Jon" Freeman Esq" —
Proceeded and appointed
Daniel Newcomb Esq. of Keene first Justice of the Inferior
Court of Common Pleas for the County of Chesh"
Matthias Bardett of Newton, Moses Hook of Sandown Jerem"
Clough Jun' of Canterbury, Nath' Batchelder of East Kingston,
Simon Wiggin of Stratham, Jon" Leavitt of
*2P. &C.-111 Chichester, Elisha Brown of Seabrook * Tim-
othy Ladd of Salem, Stephen March of Green-
land, John White of Plastow, Justices of the Peace for the County
of Rockingham
George Frost of Durham a Justice of the Peace and of the
Qiiorum for the County of Straflbrd
Jabez Dame of Rochester, John Smith 3'^ of Durham Justices of
the Peace for the County of Stratford
1790-91] RECORDS OF PRESIDENT AND COUNCIL. 259
Nath' Bean of Warner, Asa Davis of Nottingham West, Zeph-
eniah Clark of Fishersfield Justices of the Peace for the Countj^
of Hillsbor°
Daniel Grout of Acvvorth & Daniel Kimball of Plaintield for
the County of Cheshire
Joseph Skinner of L3'me & Joseph Senter of Plymouth Justices
of the Peace for the County of Grafton —
Amos Shepard of Alstead a Justice of the peace & Qiiorum for
the County of Cheshire
Joseph Pearson of Exeter a Justice of the Peace & of the
Quorum throughout the State —
Benjamin Brown of Epping L' Col" and Oliver Morrill of
Epping Major of the fourth Regiment of Militia
Advised to by us — Jonathan Freeman
Christo'' Toppan
Joseph Badger J'
Robert Wallace
Lemuel Holmes —
His Excellency requested the attendance of the Hon Council at
Exeter on Wednesda}' the 7"' day of July next —
*At a Council holden at Concord June 19"' 1790 *2 P. & C.-112
Present His Excellency Josiah Bartlett Esq
President The Hon. Christopher Toppan Joseph Badger Rob'
Wallace Lemuel Holmes & Jon" Freeman Esquires
The Council advise His Excellency to adjourn the General
Court to the time & place mentioned in the vote of the Legislature
of this day — Christo' Toppan
Robert Wallace
Jon" Freeman
Joseph Badger J'
Lemuel Holmes
At a Council holden at Kingstown July 7"' 1790 —
Present His Excellency Josiah Bartlett Esq"' President The
Hon. Christopher Toppan Joseph Badger Robert Wallace, Lemuel
Holmes & Jon" Freeman Esquires —
Proceeded and appointed
Ezekiel Godfre}' Esq of Poplin a Justice of the peace for the
County of Rockingham —
Levi Dearborn of N. Hampton for d° —
Caleb Tilton of Hampton falls a Justice for d" —
26o NEW HAMPSHIRE EARLY STATE PAPERS. [179O-9I
Tho' Pennyman of Washington a Justice tor the County of
Cheshire — ' Christo' Toppan
Lemuel Holmes
Robert Wallace
Joseph Badger J"'
Jon" Freeman
*2 P. & C.-113 * Proceeded & appointed —
The Hon Christopher Toppan Esq a Justice of
the Peace & of the Quorum throughout the State —
Lemuel Holmes
Robert Wallace
Joseph Badger J""
Jon" Freeman
Proceeded & appointed —
Joseph Dow of Hampton a Justice of the Peace for the County
of Rockingham —
Moses Leavitt a Justice of the Peace & Quorum for the County
of Rockingham —
Eben' Webster Esq a Justice of the Peace & Quorum for the
County of Hillsborough —
Henry Gerrish Esq of Boscawen a Justice for d°
Jeremiah Emerson of Hopkinton a Coroner for s'' County
John Pickering Esq Chief Justice of the Superior Court of
Judicature. —
Oliver Peabody Esq. of Exeter Judge of Probate for the County
of Rockingham — Christo'' Toppan
Lemuel Holmes
Robert Wallace
Joseph Badger J''
Jon" Freeman
* 2 P. & C.-114 * At a Council holden at Kingston July 8"' 1790
Present His Excellency Josiah Bartlett Esq"'
President The Hon. Christopher Toppan Joseph Badger, Robert
Wallace Lemuel Holmes & Jon" Freeman Esquires
Proceeded and appointed —
The Hon. Thomas Bartlett Esq a Justice of the Inferior Court
of Common Pleas for the County of Rockingham
Benj ' Mann & Jon" Searle of Mason Justices of the Peace for
the County of Hillsbor".
John Cochran Jun'' of New Boston a Justice of the peace for the
County of Hillsbor" — Christo'' Toppan
Lemuel Holmes
1790-91] RECORDS OF PRESIDENT AND COUNCIL. 261
Robert Wallace
Joseph Badger J'"
Jonathan Freeman
His Excellency requested the Attendance of the Hon. Council
at Exeter on Wednesday August i8"' 1790 —
At a Council holden at Exeter Aug 18. 1790 —
Present His Excellency Josiah Bartlett Esq President The Hon.
Christ" Toppan, Joseph Badger, Robert Wallace, Lemuel Holmes
& Jon" Freeman Esquires —
Sundrj^ Letters were laid before the Council for considera-
tion
*At a Council holden at Exeter Aug 19"' 1790 — * 2 P. & C.-i 15
Present His Excellency Josiah Bartlett Esq
President. The Hon. Christ" Toppan, Joseph Badger, Robert
Wallace, Lemuel Holmes, & Jon" Freeman Esquire —
Proceeded & appointed,
William Weeks Esq'" of Greenland a Justice of the Peace &
Quorum for the County of Rockingham —
Solomon Emerson Esq"" of Madbury a Justice of the Peace for
the County of Strafford. — Christo"" Toppan
Joseph Badger J""
Lemuel Holmes
Jon" Freeman
Robert Wallace
Proceeded & appointed
x\rchibald McMurphy Esq a Justice of the peace for the County
of Rockingham — Christo"' Toppan
Joseph Badger J""
Lem" Holmes
Robert Wallace
* Simeon Ladd Esq a Coroner for the County * 2 P. & C.-116
of Rockingh'"
Samuel Dodge Esq of Hillsbor" a Coron"^ tor the County of
Hillsbor"
John Shepard Esq. of Gilmantown a Justice of the Peace for
the County of Stratford Christo' Toppan
Joseph Badger J"^
Lemuel Holmes
Jon" Freeman
Robert Wallace
262 NEW HAMPSHIRE EARLY STATE PAPERS. [179O-9I
Proceeded & appointed
Joseph Badger Jun'' Esq"' of Gilmantown a Justice of die Peace
and Quorum for the County of Strafford. Christo'' Toppan
Lemuel Hohnes
Jon" Freeman
Robert Wallace
Josiah Oilman Jun'' Esq of Exeter a Justice of the Peace for the
County of Rockingham
Rich'' Jenness Esq of Deerfield for d" —
Docf A R Cutter, John M''Clary & Samuel Penhallow, Esq'*
Special Justices of the Superior Court for the County of Rocking-
ham in Certain causes to be mentioned in the Commission —
Joshua Wingate & John McDuffee Esq" Special Jusdces of the
Superior Court for the Count}' of Strafford in certain causes to be
mentioned in the Commission —
* 2 P. & C.-117 * Joshua Bayley & Samuel Wilkins Esq'-* Special
Justices of the Superior Court for the County of
Hillsborough in certain capses to be mentioned in the Commission.
Samuel Stevens, & Calvin Frink Esq'* for Special Jusdces of
the Superior Court for the County of Cheshire in certain causes
to be mentioned in the Commission.
Russell Freeman and Davenport Phelps Esq'* Special Jusdces
of the Superior Court for the County of Grafton in certain causes
to be mentioned in the Commission — Christo'' Toppan
Joseph Badger J''
Lemuel Holmes
Jon'' Freeman
Robert Wallace
His Excellency the President requested the x\ttendance of the
Hon. Council at Exeter Wednesday 13'" Oct" 1790
At a Council holden at Exeter x^ugust 20"' 1790
Present His Excellency Josiah Bartlett Esq'' President The Hon.
Joseph Badger, Robert Wallace, Lemuel Holmes & Jonathan Free-
man Esquires —
His Excellency the President requested the Advice of Council
relative to his issuing a General Commission of the Peace
Whereupon the Council advise His Excellency to issue a Gen-
eral Commission of the Peace, to be lodged with each of the
Clerks of the Gen' Sessions of the Peace in each County in this
State Jon' Freeman
Robert Wallace
Lem" Holmes
Joseph Badger J'
1790-91] RECORDS OF PRESIDENT AND COUNCIL. 263
* At a Council holden at Exeter October 13'" * 2 P. «& C.-118
1790 —
Present — His Excellency Josiah Bartlett Esq President The
Hon. Christopher Toppan, Joseph Badger, Lemuel Holmes, &
Robert Wallace Esquires —
His Excellency laid before the Council sundry communications
— Also issued a Proclamation for a public Thanksgiving on the
25"' November next, as on file —
At a Council holden at Exeter October 14'" 1790 —
Present His Excellency Josiah Bartlett Esquire President The
Hon. Joseph Badger, Lemuel Holmes, Robert Wallace, Christo-
pher Toppan and Jon" Freeman Esquires —
Proceeded to open and enter the returns for Representatives to
Congress. —
At a Council holden at Exeter October 15'" 1790 —
Present His Excellency Josiah Bartlett Esq President The Hon.
Christopher Toppan, Joseph Badger, Lemuel Holmes Jonathan
Freeman & Rob' Wallace Esquires
Proceeded to examine the returns for Representatives to Con-
gress and upon casting up the Number of the returns, we find that
the whole number of votes amount to 14,277 and that it requires
2380 to make a choice That the Hon'''"' Samuel Livermore Esq has
3585 and consequently is elected — That the next four highest
numbers are as follows viz. Jeremiah Smith 1876 — Nich" Oilman
1681, John S. Sherburne 1591 and Abiel Foster Esq 1213
Josiah Bartlett President.
Christo'' Toppan 1
Jon" Freeman [
Robert Wallace )» Counsellors
Lemuel Holmes
Joseph Badger J"'
* Proceeded and Advised — * 2 P. & C.
His Excellency to issue an Order on the Treas-
urer in favor of Capt Titus Salter for Eighty seven pounds ten
shillings for the support of the Light House for the space of six
months from the 11'" of March last, agreeably to a Contract
made by a Committee appointed by the Gen' Court
Christo'' Toppan
Joseph Badger J'
Lemuel Holmes
Robert Wallace
Jonathan Freeman
264 NEW HAMPSHIRE EARLY STATE PAPERS. [1790-91
At ;i Council holden at Exeter October i6"' 1790
Present His Excellency Josiah Bartlett Esq President The Hon.
Christopher Toppan Joseph Badger Robert Wallace Lemuel
Holmes & Jon'' Freeman Esq'".
Proceeded & appointed
Simmons Secomb Esq of Kingstown a Justice of the Peace for
the County of Rockingham —
Tho" Stow Raney of Brintwood a Justice of the Peace for the
County of Rockingham
WilV" Harper Esq of Sanbornton a Justice of the Peace for the
County of Strafford.
David Blish of Gilsum a Justice of the Peace for the County of
Cheshire.
Reuben Alexander Esq of Winchester for d"
Edward Jewett Esq of Rindge for d"
John Tasker Esq of Barnstead a Justice of the Peace for the
County of Strafford
Oliver Whipple Esq of Portsmouth a Justice of the Peace for
the County of Rockingham —
* 2 P. & C.-120 * John Prentice Esq of Londonderry a Justice of
the Peace & of the Quorum throughout the
State. —
Nenian Aiken Esq of Deering a Justice of the Peace for the
County of Hillsbor"
Josiah Stevens Esq of Newport a Justice of the Peace for the
County of Cheshire —
Charles Johnston Esq of Grafton a Justice of the Peace and of
the Qiiorum for the County of Grafton —
Edmund Shattock Esq of Cockermouth a Justice of the Peace
for the County of Grafton. —
Thomas Odiorne & Ephraim Robinson Esq' of Exeter Special
Justices of the Inferior Court of Common Pleas for the County
of Rockingham — Christo'' Toppan
Robert Wallace
Joseph Badger J'
Jon" Freeman
Lem" Holmes
At a Council holden at Concord Jan'' 10'" 1791 —
Present His Excellency Josiah Bartlett Esq President The Hon
Christ" Toppan Joseph Badger jun Lemuel Holmes & Jon' Free-
man Esquires
Proceeded and appointed
1790-91] RECORDS OF PRESIDENT AND COUNCIL. 265
Roger Gilmore Esq of Jaftrey a Justice of the Peace & Quorum
for the County of Cheshire —
Jeremiah Stiles of Keene a Justice of the Peace for the County
of Cheshire —
WiHiam Ayer of Canaan a Justice of the peace for the County
of Grafton Christo' Toppan
Jon" Freeman
Joseph Badger J'
Lemuel Holmes
Robert Wallace
*At a Council holden at Concord Jan^ 15, 1791 *2P. &C.-121
Present His Excellency Josiah Bartlett Esq Pres-
ent The Hon. Christopher Toppan Rob' Wallace Jon" Freeman
Lemuel Holmes & Joseph Badger Jun"' Esq'*
Proceeded to examine the Returns for Representatives to Con-
gress and upon casting up the number of said returns, we find the
number of votes as follows viz —
The Hon Jeremiah Smith Esq . . . 4422
Nicholas Oilman Esq . . . 2802
John Sam' Sherburne Esq . . 1877
Abiel Foster Esq — . . . . 1338 —
by which, agreeably to an Act of the General Court of the 17"'
of June last it appears that the Hon. Jeremiah Smith & Nicholas
Gilman Esq" are elected Josiah Bartlett President
Christo'' Toppan ']
Lemuel Holmes j
Jon" Freeman )>Cotinsellors
Joseph Badger J"'
Robert Wallace J
At a Council holden at Concord Jan'' 25. 1791
Present His Excellency Josiah Bartlett Esq President The Hon
Christ" Toppan Joseph Badger Jun"' Lemuel Holmes & Robert
Wallace Esquires
proceeded and appointed
Rich'' C. Shannon Esq a Justice of the Peace & of the Quorum
for the County of Hillsborough —
Joshua Foss of Barrington a Justice of the peace for the County
of Strafford
Tho* Tash Jun"' of New Durham a Justice for the Countv
of d"
* John Sherburne ) of Portsm" Justices of the * 2 P. & C.-122
Daniel Rindge 3 Peace & Quorum through-
out the State —
266 NEW HAMPSHIRE EARLY STATE PAPERS. [179O-9I
Benj Sias of Pittsfield a Justice of the Peace for y*^^ County of
Rockingham —
John Waldron Esq of Dover a Justice of the Peace & Quorum
for the County of Strafford
James Brackett of Lee a Justice for s'^ County —
Abraham Sanborn of Protectworth a Justice for the County of
Cheshire —
Uriel Evans of Hinsdale a Justice for d° —
Elijah Frink of Lempster a Justice for d" —
Daniel Beede of Sandwich a Justice of the peace & Qiiorum
for the County of Strafford. —
Capt John Evans } of Portsm" Corroners for the County of
Capt Nath' Marshall 5 Rockingham Robert Wallace
Christo'' Toppan
Joseph Badger J'
Lemuel Holmes
At a Council holden at Concord Jan'' 29'" 1791 —
Present His Excellency Josiah Bartlett Esq President Hon
Christopher Toppan Joseph Badger Jun'' Jon" Freeman & Lemuel
Holmes & Robert Wallace Esquires
James Hearsey > of Sanbornton Justices of the Peace County
Nathan Ta3-lor 5 of Strafford Christo'' Toppan
Joseph Badger J'
Robert Wallace
Jon'' Freeman
Lemuel Holmes
* 2 P. & C;-I23 * proceeded & appointed
Samuel Jenness of Rye a Justice of the peace
for the County of Rockingham — Christo'' Toppan
Robert Wallace
Lemuel Holmes
proceeded & appointed
John Mooney of N Holderness a Justice for the County of
Grafton
James Burnside of Northumberland a Coroner for the County
of Grafton —
John Smith of N. Chester a coroner lor the County of Grafton
Absolom Peters of Wentworth a Coroner for d"
Christo"' Toppan
Joseph Badger J'
Robert Wallace
Jon' Freeman
Lem" Holmes
1790-91] RECORDS OF PRESIDENT AND COUNCIL. 267
At a Council holden at Concord Feby 2'' 1791 —
Present His Excellency Josiah Bartlett Esq President The Hon
Christopher Toppan Joseph Badger Jun'' Jon-^ Freeman Lemuel
Holmes & Robert Wallace Esquires
His Excellency the President requested the advice of Council
relative to drawing Orders on the Treasurer — Whereupon the
Council Advise his Excellency to issue his Orders on the Treas-
urer agreeably to the Acts, Resolves & Votes of the Gen' Court
which have been heretofore passed or shall be passed during their
present Session Christo'' Toppan
Joseph Badger J''
Robert Wallace
Lem" Holmes
Jon" Freeman
* At a Council holden at Concord February 5. * 2 P. & C. -124
1791 —
Present — His Excellency Josiah Bartlett Esquire President —
The Hon. Christopher Toppan, Joseph Badger Jun'' Robert Wal-
lace, Lemuel Holmes and Jonathan Freeman Esquires
proceeded & appointed —
Levi Harvey of New London a Justice of the Peace for the
County of Hillsborough —
Peter Clark Esq of Lyndborough a Justice of the peace for s*
County
John Stark jun"' of Derryfield a Coroner for s'' County
Reuben Morse Esq Dublin a Justice of the peace for the County
of Cheshire
Levi Dearborn Jun'' of Ossipee a Jus" Peace for the County of
Straft"'
Jon" Sherburne of Portsm" a Justice of the peace for the County
of Rock'""
Stephen Powers of Croydon a Justice for the County of Cheshire
Daniel Little of Hampstead a Coroner for the County of Rock
Eben'' Wright of Plainfield a Justice for the County of Chesh-
ire — Christo'' Toppan
Jon" Freeman
Joseph Badger J'
Robert Wallace
Lemuel Holmes
At a Council holden at Concord Feb-' 15. 1791
Present His Excellency Josiah Bartlett Esq President The Hon
Joseph Badger Rob' Wallace Lemuel Holmes Jonathan Freeman
& Christ" Toppan Esquires —
268 NEW HAMPSHIRE EARLY STATE PAPERS. [179O-9I
Proceeded & appointed —
John Fairfield of Lyme a Coroner for the Count}' of Grafton —
Nathan Waldo of Orange a Justice of the Peace for s'' County —
Frederic French Dunstable and Augustus Blanchard of Am-
herst a Justices of the peace for the County of Hillsbor"
Francis Cragin of Temple a Justice of the Peace for s*^
Count}-
* 2 P. «& C.-125 * Paul Hayes of Barrington a Justice of the Peace
for the County of Stratford
Edward S. Livermore a Justice of the Peace for the County of
Rockingham
Edward S. Livermore a Solicitor for s'' County
John Demerit of Madbury a Justice of the Peace for the County
of Strafford
William Simpson of Orford a Justice of the Peace & Qiiorum
for the County of Grafton Christo'' Toppan
Joseph Badger J"'
Robert Wallace
Jon" Freeman
Lemuel Holmes
At a Council holden at Concord Feb i8. 1791
Present His Excellency Josiah Bartlett Esq Present The Hon.
Jon'" Freeman Lemuel Holmes Rob' Wallace & Joseph Badger
Jun' Esquires —
His Excellency the President requested the advice of Council
relative to the adjournment of the General Court — Whereupon
the Council advise that the General Court be adjourned to meet
again on Wednesday the last day of May next to meet at Concord
agreeably to a vote of Court Joseph Badger Ju"^
Lemuel Holmes
Robert Wallace
Jon-^ Freeman
*2 P. &C.-126 *At a Council holden at Exeter March 16 — 1791.
Present His Excellency Josiah Bardett Esq'' Pres-
ident The Hon'''' Christopher Toppan, Joseph Badger Jun Robert
Wallace «& Lemuel Holmes Esq'" —
His Excellency the President & Council took under Considera-
tion a vote of Court of the i Feb' last relative to the pay of the
Members of the Council & House of Representatives of the late
Province of New Hampshire for their Attendance during the two
last years previous to the commencement of tiie late Revolution —
At a Council holden at Exeter March 17"' 1791 —
Present as yesterday with the addition of the Hon. Jonathan
Freeman Esq' —
1790-9^] RECORDS OF PRESIDENT AND COUNCIL. 269
His Excellency laid before the Council sundry communications
also took under consideration a Resolve of the General Court
relative to appointing Post Masters & post riders —
At a Council holden at Exeter March i8. 1791 —
Present as Aesterday —
Nominated and appointed agreeably to a Resolve of 15"' of
FeV 1 791
Osias Silsby of Acworth a Post rider on the first Rout
John Lathrop of Lebanon Postrider on the second Rout
Samuel Bean of Weare Postrider on the third Rout &
Moses Senter Jun'' of Meredith for d" on the fourth Rout
Geo. Jerry Osborne a Postmaster at Portsmouth
J. W. Gilman a Postmaster at Exeter
Paj'son for d" at Plaistow
George Hough for d° at Concord
William Gordon for d° at Amherst
*Eliphalet Ladd Jun' for Postmaster at Do- * 2 P. c% C.-127
ver —
Josiah Richardson for d° at Keene
Samuel Crosby for d" at Charlestown
Samuel McCluer for d" at Hanover
Moses Dow Esq for d° at Haverhill and
John Rogers for d° at Plymouth.
Josiah Bartlett — President
Christo"" Toppan 1
Joseph Badger J''
Lemuel Holmes V Counsellors
Robert Wallace
Jon" Freeman J
Proceeded and appointed
The Hon Tim" Farrar Esq'' of New Ipswich a Justice of the
Superior Court of Judicature for the State of New Hampshire —
Joseph Badger J''
Robert Wallace
Lemuel Holmes
At a Council holden at Exeter March 19"' 1791
Present as yesterday
proceeded & appointed
Elijah Henman Esq of Stratford a Jusdce of the peace for the
County of Grafton — Christo' Toppan
Joseph Badger J''
Lemuel Holmes
Robert Wallace
Jon" Freeman
270 NEW HAMPSHIRE EARLY STATE PAPERS. [179O-9I
* 2 P. & C.-128 *The resignation of John Dennet Esq as Col°
of the first Reg' of militia was accepted, also
the resignation of Samuel Chase Esq as Col" of the fifth Regim' &
James Ford Esq as L' Col" of said regiment was accepted
Proceeded «& appointed
Supply Clap, Nathaniel Rogers & Nathaniel Oilman Esquires
a Com"'' to punch or deface the State Orders, and orders for pre-
miums for killing wolves as mentioned in a vote of Court of the
16"' Feb^ last — Christo' Toppan
Joseph Badger J'
Lemuel Holmes
Robert Wallace
Jon" Freeman
At a Council holden at Exeter May 13"' 1791 —
Present His Excellency Josiah Bartlett Esq President Hon.
Christopher Toppan, Joseph Badger Lemuel Holmes Robert Wal-
lace & Jonathan Freeman Esq'"
proceeded to open & enter the Returns of the votes for Sena-
tors — adjourned till tomorrow morning —
At a Council holden at Exeter May 14"' 1791 —
Present as yesterda}'
proceeded to enter the remainder of the Returns of the votes
for Senators & to rexamine the entry of the Returns &c —
adjourned till Monda}' morning next
At a Council holden at Exeter on Monday May 16"' 1791
Present His Excellency Josiah Bartlett Esq President The Hon.
Christ" Toppan Joseph Badger Rob' Wallace Jon" Freeman &
Lemuel Holmes Esq'* —
* 2 P. & C.-129 * Upon examining & casting up the Returns of
the votes for Senators for the County of Rock-
ingham, We find the amount of the whole number to be 127 19 —
That the Hon. John T. Oilman & Nathaniel Rogers Esq" having
a majorit}' of votes are elected and have been summoned accord-
ingly — But as no other person has a majority the next six highest
numbers are as follows viz.
The Hon. James Sheafe 1205 The Hon Abiel Foster 1186
Phillips White 1156 Nath' Peabody 1122
Christ" Toppan 876 John Bell Esq''* 723
That the whole number of votes for Senators in the County of
Strafford amount to 3201 — That the Hon John Waldron & Sam-
uel Hale Esq'" having a majority of votes are chosen & have
been summoned accordingly —
1790-91] RECORDS OF PRESIDENT AND COUNCIL. 2'] I
That the whole number of votes for Senators in the Count}- of
Hillsborough amount to 3207 That the Hon Robert Wallace &
Robert Means Esq" having a majoi'it)^ of votes are chosen & have
been summoned accordingly That the whole number of votes for
Senators in the County of Cheshire amount to 1712 — That the
Hon. Sanford Kingsbury Esq having a majority of votes is chosen
& has been summoned accordingly — the next two highest num-
bers are as follows viz
The Hon. Amos Shepard Esq 307 & William Page Esq 264 —
That the whole number of votes for Senators in the County of
Grafton amount to 801 — That the Hon Moses Dow Esq having
a majority of votes is chosen and has been summoned accord-
i"gb' — Josiah Bartlett President
Joseph Badger J'"j
Robert Wallace
Lemuel Holmes > Counsellors
Christo"' Toppan
Jon" Freeman J
* Proceeded Sc appointed. * 2 P. & C.-130
Joshua Weeks of Greenland a Justice of the
Peace for the County of Rockingham —
John Rollins Esq of Somersworth &
Joseph Peirce of New Durham Gore Esq'' Justices of the peace
for the County of Stratford —
Samuel Duglass of Rab}-,
Aaron Greeley of Hopkinton
Samuel Wilkins of Amherst
Timothy Taylor of Merrimack &
Robert Means of Amherst Esq" Justices of the Peace for the
County of Hillsborough —
Daniel Emerson of Holies Esq a Justice of the Peace and Qiio-
rum for said County
Benj" West of Charlestown a Justice of the Peace & of the
Quorum for the County of Cheshire
Elijah Grout of Charlestown Esq a Justice of the Peace for
said County —
Ebenez'' Hoit of Grafton &
Ebenez'' Kendall of Cockermouth Justices of the Peace for the
County of Grafton —
Asa Foster of Canterbury a Justice of the Peace for County of
Rockingham —
272 NEW HAMPSHIRE EARLY STATE PAPERS. [179O-9I
William Duncan & John Bradley of Concord Esq'" Justices of
the Peace for said County — Christo' Toppan
Robert Wallace
Joseph Badger J''
Jon'' Freeman
Lemuel Holmes
* 2 P. & C.-131 * At a Council holden at Exeter May 17"' 1791
Present His Excellency Josiah Bartlett Esq
President The Hon. Christ" Toppan Joseph Badger Rob' Wallace
Lemuel Holmes & Jon'' Freeman Esq"^*
proceeded & appointed
Joseph March of Deerfield Esq a Justice of the Peace for the
County of Rockingham — Christo'' Toppan
Robert Wallace
Joseph Badger Ju''
Lemuel Holmes
Jon" Freeman
Proceeded and appointed Thomas Smith of Surrj' Postrider on
the first Rout instead of Ozias Silsby who has declined accept-
ing said Office —
Appointed Ozias Silsby of Acworth Postrider on the third Rout
instead of Sam' Bean who declined accepting said Office.
Appointed Eben'' Cram of Pitsfield Postrider on the fourth Rout
instead of Moses Senter jun' who declined accepting said office
Appointed Henry Ranlet Postmaster at Exeter instead of John
W. Oilman who has declined accepting said office —
Josiah Bardett President
Joseph Badger J'l
Robert Wallace
Jon" Freeman I Counsellors
Lemuel Holmes
Christo'' Toppan J
*2 P. & C.-132 *His Excellency the President requested the
advice of Council, whether the Treas'' should
be directed to attend to the General Court at the next Session in
Concord — Whereupon the Council advise, that the Treasurer
be desired to attend with the necessary papers
Advised to by us Christo'' Toppan
Jon" Freeman
Robert Wallace
Joseph Badger Ju"'
Lemuel Holmes
1790-91] RECORDS OF PRESIDENT AND COUNCIL. 273
At a Council holden at Concord May 31'' 1791 —
Present His Excellency Josiah Bartlett Esq President The Hon.
Christopher Toppan Joseph Badger, Jonathan Freeman, Robert
Wallace & Lemuel Holmes Esquires. —
Proceeded and appointed. —
Col. George Aldrich of Westmorland a Justice of the Peace
for the County of Cheshire —
Samuel Kelley of New Hampton a Justice of the Peace for the
County of Strafford.
Abiel Foster of Canterbury a Justice of the Peace & Quorum
throughout the State
John Shepard of Amherst a Justice of the Peace & Quorum for
the County of Hillsborough
Robert Alcock of Deering a Justice of the Peace for s'^ County
Christo'' Toppan
Robert Wallace
Joseph Badger Ju'
Lemuel Holmes
Jon" Freeman
* At a Council holden at Concord June i" 1791 * 2 P. & C.-133
Present His Excellency Josiah Bartlett Esq'
President The Hon Christ" Toppan Joseph Badger Jun'^ Robert
Wallace Lemuel Holmes and Jon" Freeman Esquires
Proceeded and appointed
The Hon. Ebenezer Webster Esq a Justice of the Inferior Court
of Common Pleas for the Count}- Hillsborough
Advised to b}^ us Christo'' Toppan
Jon" Freeman
Joseph Badger Ju'
Robert Wallace
Lemuel Holmes
274
NEW HAMPSHIRE EARLY STATE PAPERS. [179O-9I
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STATE OFFICERS, 1791-92.
EXECUTIVE DEPARTMENT.
JOSIAH BARTLETT, Kingston, President.
Council .
NATHANIEL ROGERS, Newmarket, Rock- ^ ^,
ingham, C Chosen from
ROBERT WALLACE, Henniker, Hillsborough, ) '^^«<^^^-
JOSEPH BADGER, Jr., Gilmanton, StraffordA Chosen from
LEMUEL HOLMES, Surry, Cheshire, \ ^he House of
JONx\THAN FREEMAN, Hanover, Grafton, J a^^s^'^" "'
JOSEPH PEARSON, Exeter, Secretary of State.
JOHN TAYLOR OILMAN, Exeter, State Treasurer.
STATE SENATE.
June I, 1791, to June 6, 1792.
JOSIAH BARTLETT, Kingston, President.
MOSES DOW, Haverhill, President Pro Tern.,
or Senior Senator.
'NATHANIEL ROGERS, Newmarket.
JAMES SHEx\FE, Portsmouth.
CHRISTOPHER TOPPAN, Hampfon.
NATHANIEL PEABODY, Atkinson.
ABIEL FOSTER,! Canterbury.
County of UOHN WALDRON, Dover.
Straftbrd. I SAMUEL HALE, Barrington.
1 John Taylor Gilman was elected Senator by the people, but on the third of June he was
chosen State Treasurer by the General Court. The vacancy thus created in the Senate was
filled June 7, bv the election of Abiel Foster.
County of
Rockingham.
276 NEW HAMPSHIRE EARLY STATE PAPERS. [^79^
County of ^ ROBERT WALLACE, Henniker.
Hillsboi-o'. ( ROBERT MEANS, i Amherst.
County of ^ SANFORD KINGSBURY, Claremont.
Cheshire, i WILLIAM PAGE,- Charlestown.
&af2°M'^'°"'=S°°^'"»™*"-
JUDICIARY.
Suferior Court of Judicature.
JOHN PICKERING, Portsmouth, Chief Justice.
JOHN DUDLEY, Raymond, \
SIMEON OLCOTT, Charlestown, \ Puisne Justices.
TIMOTHY FARRAR, New Ipswich, >
JOHN PRENTICE, Londonderry, Attorney-General.
NATHANIEL ADAMS, Portsmouth, Clerk.
MILITARY ESTABLISHMENT.
His Excellency JOSIAH BARTLETT, Kingston,
Captain-General, Co>nmander-in-Ckief, and Admiral.
FIRST DIVISION.
BENJAMIN BELLOWS, Walpole, Major-Gcncral.
Aids with the Rank of 3fa/or.
MOODY DUSTIN, Claremont.
GEORGE SPARHAWK, Walpole.
second DIVISION.
JOSEPH CILLEY, Nottingham, Major-General.
Aids with the Rank of Major.
JOSEPH MILLS, Deerfield.
BRADBURY CILLEY, Nottingham.
1 Robert Means resigned, and Charles Barrett, of New Ipswich, was elected to fill the
vacancy Dec. 6, 1791.
2 Bioerraphical sketch, Saundcrsoii's Hist. Cliarkstown, p. 498.
1 791] STATE OFFICERS, 179I-92. 277
Brigadier- Generals.
GEORGE REID, Londonderry.
MOSES DOW, Haverhill.
AMOS SHEPHARD, Alstead.
THOMAS BARTLETT, Nottingham.
JAMES HILL, Newmarket.
NOAH LOVEWELL, Dunstable.
, Adjutant-General.^
SUPPLY CLAPP, Portsmouth, Commissary-General.
SENATORS IN THE CONGRESS OF THE UNITED STATES.
JOHN LANGDON, Portsmouth.
PAINE WINGATE, Stratham.
REPRESENTATIVES IN CONGRESS.
NICHOLAS GILMAN, Exeter.
SAMUEL LIVERMORE, Holderness.
JEREMIAH SMITH, Peterborough.
FEDERAL OFFICERS, 1791-1792.
DISTRICT COURT.
JOHN SULLIVAN, Durham, Judge.
JOHN S. SHERBURNE, Portsmouth, District Attorney.
JOHN PARKER,^ Portsmouth, Marshal.
NATHANIEL ROGERS ,3 Newmarket, Marshal.
JONATHAN STEELE, Durham, Clerk.
PORT OF PORTSMOUTH.
JOSEPH WHIPPLE, Portsmouth, Collector.
ELEAZER RUSSELL. Portsmouth, Naval Officer.
THOMAS MARTIN, Portsmouth, Surveyor.
1 It is not known with certainty who was the incumbent at this time, or whether the
office was recognized by law. The last appointment was that of Nicholas Gilman of Exeter,
for the year 1788-89. See Vol. xxi, p. 255, p. 547, note 2, and note on p. 3 of this volume.
2 John Parker died Oct. 4, 1791. 3 Nathaniel Rogers, appointed Nov. 16, 1791.
278 NEW HAMPSHIRE EARLY STATE PAPERS. [l79I
FISCAL DEPARTMENT.
WOODBURY LANGDON, Portsmouth, Commissioner for Set-
tling the Accuunts bctzveen the United States and the Individual
States.
WILLIAM GARDNER, Portsmouth, Commissioner of Loans.
JOSHUA WENTWORTH, Portsmouth, Supervisor, District
of Nczv Hampshire.
Journal of the Senate
CONTAINING THE PROCEEDIN(
FROM JUNE I TO JUNE 17, 1791.
STATE OF NEW HAMPSHIRE, U-^
Concord — WEDNESDAY June i, 1791 —
Being the daj- appointed by the Constitution for the annual
meeting of the General Court, Seven of the Members elected b}-
the People as Senators for the year ensuing attended and took the
Oaths, viz The Hon. Moses Dow Rob' Wallace John T. Oilman
Sanford Kingsbury Nath' Rogers John Waldron & Samuel Hale
Esquires —
A Message came up from the Hon House informing that
there was a Quorum of the House & ready to proceed to busi-
ness —
soon after the Hon. House of Rep^ were informed by a Mes-
sage, that there was a Quorum of the Senate duly qualified to
proceed on business —
A vote for a Com'"' to join a Com""' of the Senate, to provide an
entertainment tomorrow for his Excellency the President the
Hon Council the Gentleman of the Clergy & such other Gentlem"
of distinction as said Com"'= may think proper to invite, was brot
up, read and concurred : IVP Dow & M"' Rogers joined —
The members present met with the Hon House of Representa-
tives & proceeded to enter the votes for a President agreeably to
the Constitution — adjourned till tomorrow morning 10 "Clock —
The Senate then retired to their Chamber and adjourned till
tomorrow morn^' 9 "^Clock —
THURSDAY June 2' 1791
Met according to adjournment
Present as yesterday
The Hon Senate being again met with the House in the
Assembly Chamber proceeded in examining the returns
*for a President and upon fully examining & counting the * ^-2
votes they were as follows (viz) For His Excellency Josiah
Bartlett Esq 8679 votes, and for sundry persons in all 28S there-
282 NEW HAMPSHIRE EARLY STATE PAPERS. [^791
fore it appears that his Excellency Josiah Bartlett Esq is chosen
President of this State for the ensuing year by a majority of 8391
votes and his election was declared accordingly — adjourned the
further elections till tomorrow morning 10 "Clock — The Senate
then retired to their Chamber —
A vote for a Com"^^ to join a Com'*'"' of the Senate to wait on his
Excellency Josiah Bartlett Esq President elect & present him a
Certificate of his Election to the office of Chief magistrate of this
State the ensuing year and request his answer — was brot up,
read & concurred : M'' Oilman, M' Dow & M' Rogers joined
The abovesaid Com''"' waited upon his Exc' and informed him of
his being elected President of the State of New Hamps"^"' where-
upon his Exc'' informed the Com''^'" that he was ready to give his
answer — The Hon Senate then joined the Hon House and his
Exc'' being introduced by the Com"% the necessary Oaths were
administered by the Hon Moses Dow Esq Sen'' Senaf — The
Sen' Senator then declared before both Houses of the Legislature
that His Exc-^' Josiah Bartlett Esq was duly elected President of
said State for the year ensuing by tlie free suffrages of the
People — The Senate then retired to their own Chamber —
Adjourned till tomorrow morning 9 "Clock
FRIDAY June 3" 1791
met according to adjournment
Present as yesterday —
A vote for a Com''"' to join a Com''"' of the Senate to present the
Rev'' M'' Evans with the thanks of the Gen' Court for his excel-
lent discourse delivered 3'esterday and request a copy of the same
for the press : And also desire him to attend as Chaplain to the
Gen' Court this present Session was brot up, read and concurred
M'" Dow Joined —
The Hon Senate met with the Hon House of Representatives
and proceeded to the choice of Senators to fill up the vacancies —
The ballots being taken it appeared that the Hon James Sheafe
was elected a Senator for the Count}- of Rockingham —
* 4-3 * The ballots being taken for another Senator it appeared
that the Hon Christ" Toppan Esq was elected a Senator for
said County —
The ballots being taken for the Senator wanting it appeared
that the Hon. Nath' Peabody Esq was elected a Senator for said
County. —
The ballots being taken for a Senator to fill the vacancy in the
I791] JOURNAL OF THE SENATE. 283
County of Cheshire it appeared that the Hon William Page was
elected to that office —
The further elections were then adjourned until four oClock
in the afternoon —
The Hon. James Sheafe Christopher Toppan Nath' Peabody
and William Page Esquires attended in the Senate Chamber and
took the usual Oaths and their Seats at the Senate Board
The Hon Senate met with the Hon House according to adjourn-
ment and proceeded to the Choice of Counsellors for the year
ensuing —
The ballots being taken, it appeared that the Hon Nath' Rogers
Esq was chosen a Counsellor for the year ensuing —
The ballots being again taken, it appeared that the Hon Joseph
Badger Jun'' Esq was chosen a Counsellor for the year ensuing —
The ballots being again taken, it appeared that the Hon
Robert Wallace Esq was chosen a Counsellor for the year ensu-
ing—
The ballots being again taken, it appeared that the Hon Lemuel
Holmes Esq was chosen a Counsellor for the year ensuing
The ballots being again taken, it appeared that the Hon Jona-
than Freeman Esq was chosen a Counsellor for the year ensu-
ing—
Thej^ then proceeded to ballott for a Secretary, by which ballot
it appeared that Joseph Pearson was unanimously chosen Secre-
tary for the year ensuing —
The ballots were then taken for a Treasurer it appeared that
the Hon John Taylor Gilman Esq was chosen Treasurer for the
year ensuing —
*The ballot being taken ior a Commissary General it *4-4
appeared that Supply Clap Esq was chosen Commissary
General for the year ensuing —
Adjourned till tomorrow morning ii "Clock
The Senate then retired to their Chamber —
The Hon Nath' Rogers Joseph Badger -Jun'' Robert Wallace
Lemuel Holmes & Jonathan Freeman Esq''" were introduced into
the Senate Chamber and took the Oath agreeably to the Consti-
tution as Counsellors for the ensuing 3'ear —
The Oaths were next administered to Joseph Pearson Esq agree-
ably to the Constitution as Secretary of s'' State
A vote appointing a Com""' to take under consideration His
Excellencys Message this day received and report an answer
there to — Also to consider what business is necessary tirst to be
284 NEW HAMPSHIRE EARLY STATE PAPERS. L^79'^
entered upon «& perfected at this Session and report thereon — was
brot up read and concurred : M'' Peabody, M' Sheafe & M' Dow
on the part of the Senate —
Adjourned till tomorrow morning 8 "Clock
SATURDAY June 4"> 1791
met according to adjournment —
Present all the Senate except iNP Means
A vote granting the prayer of the pet. of the Wardens of the
first parish in Portsm" and giving them leave to bring in a bill ac-
cordingly was brought up read «& concurrd
A vote to hear the pet" of John Blunt »& others on the sec-
ond Wednesday of the next Session was brot up read and con-
curred.
A vote for a Com^ee to join a Com*«« of the Senate to consider of
a Letter from the Hon W'' Langdon respecting the Accounts of
this State against the United States, was brot up read & con-
curred M' Kingsbury & ]\P Sheafe joined —
A vote for a Com*«« to join a Com*^*^ of the Senate to consider
of the petition of Joel Doolittle and report thereon was brot up
read and concurred — AP Page joind
The Hon. Senate met with the Hon House & agreed to adjourn
the elections till Monday next 5 "Clock P. M.
the Senate then retired to their Chamber —
* 4-5 * A vote granting the prayer of the petition of the Select-
men of Protectworth and giving them leave to bring in a
bill accordingly, was bro' up read & concurred.
A vote for a Com*'''' to join a Com"^** of the Senate to nominate
6 persons out of whom three to be chosen for the purpose of
settling the Acco'' between this State & M' Gardner late Treas"'
was brot up, read and concurred M'' Toppan & M' Dow joined —
A vote to hear the petition of Joel Doolittle & others on the sec-
ond Tuesday of the next Session, was brot up, read & concurred.
A vote for a Com*''*' to join a Com'^e of the Senate to consider
of a Letter from Joseph Oilman Esq &c was bro' up, read and
concurd M"^ Page & M' Rogers joined —
Adjourned till Monday next 3 "Clock P M —
MONDAY June 6, 1791
met according to adjournment
Present as on Saturday last except, Maj' Hale, with the addi-
tion of M' Means —
1791] JOURNAL OF THE SENATE. 285
A vote to hear the pet" of Josiah Hastings on the second Thirds-
day of their next Session was brot up read & concurred —
A vote for a Com'^e ^q join a Com'^e of the Senate to consider of
the pet" of Benj" Heath & report thereon was bro' up read &
concurred AP Hale & NP Dow joined —
A vote to hear the pet" of J Herriman on the second Wednesday
of the next Session, was brot up read & concurred
A vote that AP Peabod}' M'' Page and M'' Dow with such of the
Hon"'' House as they may join be a Com"''' to report the measures
necessary to be adopted to carry into etiect that part of the Con-
stitution of this State directing a Convention to be called for a re-
vision of the same — sent down for concurrence — brot up read &
cone''
A vote for a Com'^® to join a Comt*^*^ of the Senate to take under
consideration a bill describing the lines of the Several Counties
in this State & report thereon was brot up read & concurred M"
Peabody M' Means M' Dow & M"' Waldron joined
A vote to hear the petition of the Selectmen of Ossipee on the
second Wednesday of the next Session was brot up read & con-
curred
*The Senate met with the Hon. House agreeably to ad- *4-6
journment and adjourned the elections till to morrow 3
■"Clock PM —
A vote for a Com*'^'' to join a Com*<^« of the Senate to take un-
der consideration the assumption of the State Debts as assumed
by the Act of the late Congress of the United States and report
such necessarj' measures as they may judge proper in order to
procure a sum more proportionate to our expenditures and exer-
tions during the late war was brot up read & concurred AP Sheafe
M'' Oilman M'' Page & M' Peabody joined
Adjourned till tomorrow morning, 8 "Clock. —
TUESDAY June f 1791
met according to adjournment. —
Present all the Senate except AP Hale —
A vote to hear the pet" of the Inhabitants of Shelburne and
Chatham on the second Wednesday of their next Session was brot
up read & concurred.
A vote to hear the petition of the Selectmen of Dorchester on
the second Tuesday of their next Session was brot up read and
concurred.
A vote for a Com*'^'^ to join a Com''' of the Senate to consider
286 NEW HAMPSHIRE EARLY STATE PAPERS. ['^79'^
of the pet" of the Selectmen of Hopkinton & report thereon was
brot up read & concurred M'' Wallace & AP Dow joined
A vote for a Com'<^e to join a Com^ee of the Senate to consider
of the pet" of Sam' Smith & others & report thereon was brot up,
read & concurred : M'' Dow & M"' Toppan joined —
A vote to accept the report of a Com*'^'' that the sum of eighty
nine pounds one shilling & ten pence be allowed Joseph Oilman
Esq. in full of all acC" & Demands he has against the State, and
that on receiving the same s'' Oilman or his Attorne}' shall execute
a discharge accordingh' which report being read »S: considered
vo/cd that it be received & accepted & that his Excellency the
President give order accordinglj' was brot up, read & concurred. —
A vote on the pet" of Robert L Fowle, voted, that it appears
that said Robert L. Fowle kept a printing Office at Exeter & car-
ryed on the printing business there by publishing a public News-
paper & printing Acts Laws & other papers for this State
*4-7 'That he left this State in the year 1777 and that agree-
able to the confiscating Act this State took possession of
his printing materials books &c and that it does not appear that
any part thereof has been restored to him was brot up read &
concurred.
A vote that the answer to His Excellencys Message reported
by a Committee chosen for that purpose having been read & con-
sidered voted that it be received and accepted was brot up read &
concurred which is as follows viz See the next page
A vote that W™ Gardner Esq late Treas'' of this State deliver
over to John T Oilman present Treas' all such monies public
Securities Bonds & other papers as may be delivered over prior
to the Settlement of his accounts that he take s'' Oilmans receipt
to be accountable to the State for the same and debit the State
therewith — was brot up read & concurred
A vote that W Nath' Oilman Nath' Rogers & Supply Clap
Esq''" be a Committee to settle the Acco'" between this State & M''
Gardner the late Treas'' and report thereon at the next Session of
the General Court was bro' up read & concurred with the follow-
ing amendment viz that s'' Com''^^'" be also empowered to receive
from W"' Gardner Esq late State Treasurer all public monies
books & papers of every kind in his custody and belonging to the
said Treasurers Office giving him proper Certificates therefor &
to deliver over all such monies books & papers to John T. Oilman
Esq Treas"" of this State taking from him duplicates receipts there-
for to be accountable to the State — one set of s*" Receipts to be
1791] JOURNAL OF THE SENATE. 287
delivered to the Sec'' of s* State & deposited in the Sec^' Office
the other set to be delivered to the Comptroller of Accounts &
deposited in his Office — Sent down for concurrence — brot up
concurred
A Resolve that the Hon Jeremiah Smith Esq be & hereby is
appointed a Commissioner together with the Hon Sanford Kings-
bury & J* Macgregore Esq' to make out all the Claims which this
State hath against the united States which have not been made
out heretofore — that thej- deliver over on or before the last day of
June Inst all such claims as have not been delivered them — that
they collect all the Laws & other vouchers &c & that the time
limited &c be extended to the next Session appoint Clerks &c was
brot up read & concurred —
* May it please your Excellency — * 4-8
The Senate & House of Representatives congratulate
your Excellency, that the suffrages of a free people have placed
you in the Chair of Government, your constant attachment for so
many years past to the concerns & best interest of the State,
affiard us the strongest assurance that the first object of your
attention is the prosperity of the people —
With particular satisfaction we receive your Excellencys Mes-
sage to both Houses communicating to us the pleasing stale of our
public affairs which affords us a fresh proof of the solidity of the
foundation on which they rest, and of the happ}- consequence
that have resulted from the troubles & difficulties that we have
had to contend with in years past — The diminution of direct
taxes, the increase of our agriculture & manufactures, and the
expectation that our commerce & fishery will be in an eligible sit-
uation, all agree to inspire us with the auspicious prospect, that
joined with our endeavours, we shall enjoy ease prosperity & free-
dom, both civil & religious.
We agree with your Excellency, that as the citizens of this
State have had a full share in the burthens and exertions that
have procured us freedom & independence : They are therefore
justly intitled to all the benefits & advantages resulting therefrom —
We shall renew our attention to complete the revision of the
State laws & such other objects as may be worth}- of our delib-
erations — The time for the revision of the Constitution being now
at hand we shall readily concur with your excellency in making
the necessar}- arrangements —
We trust in all public concerns, unanimity & harmony, candor
& liberality of Sentiment will prevail among us and the People at
288 NEW HAMPSHIRE EARLY STATE PAPERS. [^791
large & that b}- the blessing of heaven our motive & aim may
be directed to that desirable end the public good, and in your
co-operation we are sure of a resource which strengthens our
hopes & will justify the confidence which the citizens of this State
have so unanimously placed in you —
*4-9 * The Senate met with the Honorable House of Represent-
atives in their Chamber and proceeded to ballot for a Sen-
ator in the room of the Hon John T. Oilman who had resign'' his
Seat at the Senate board and accepted the Office of Treas'
The ballots being taken it appeared that the Hon^''"' Abiel Fos-
ter Esq was elected whereupon Abiel Foster Esq manifested his
acceptance of s'' Office and was introduced into the Senate
Chamber and took the oath of Office as a Senator and his Seat at
the Senate board
The elections were then adjourned without day
A vote for a Com'"' to join a Com"^^" of the Senate to consider of
the pet" of James Moor & others of Windham was brot up read &
concurred AP Wallace & M" Foster joined —
Adjourned till tomorrow morning 8 "Clock
WEDNESDAY June 8, 1791
met according to adjournment
Present all the Senate —
A vote granting the prayer of the petition of Tho' Adams &
giving him leave to bring in a bill accordingly was brot up read
& concurred
A vote that M" James Macgregore be added to the Committee
on the bill for describing County lines in the room & stead of the
Hon Abiel Foster Esq who is removed to the Senate was brot up
read & concurred
A vote for a Com'"' to join a Com'"' of the Senate to consider of
the pet" of Jon'' Gove Esq was brot up read & concurred M"'
Page AP Dow & M'' Wallace joined.
A vote to pay the account of Joshua Wingate Esq amounting to
thirty six shillings as a special Justice of the Superior Court was
brot up read and concurred
A vote for a Com'"' to join a Com"'" of the Senate to consider of
the pet" of Walter Geer was brot up read & concurred M' Page &
yi' Kingsbur}' joined.
A vote that M' Peabody M' Sheafe & M"' Dow with such of the
Hon House as they may join be a Com"'" to wait on his Excellency
1791] JOURNAL OF THE SENATE. 289
the President & present him with an Answer to his late Mes-
sage — Sent down tor concurrence — brot up concurred.
* A vote to accept the report of the Com"^e on the pet" of * 4-10
Benjamin Heath that the instrument purpoting to be an
order drawn by s'' Heath requesting the Treas'' to pay his wages to
Daniel Cook was forged & that s'' Heaths wages were receivd by
virtue of s"' order & that said Heath hath never receivd his wages
himself & that s'' Heath ought to receive out of the Treasury the sums
due to him by the Rolls for Depreciation interest &c and that an
order be passed accordingly — Also that the attorne}- General be
directed to prosecute s'' Dan' Cook for s' forgery was bro' up read
and concurred
A vote tor a Com'"' to join a Com'"' of the Senate to take under
consideration a Letter from the Hon Nich" Oilman Esq also the
pet"" of all Inv''" was brot up read & concurred M'' Page & M"'
Kingsbury joined —
A vote for a Com'"'' to join a Com""' of the Senate to consider
of the pet" of James Adams was brot up read & concurred M''
Dow joined —
An Act prescribing the duty & directing the mode of choosing
Registers of Deeds & County Treasurers having been read a
third time z'o/cd that the same be enacted
Adjourned till tomorrow morning 8 "Clock
THURSDAY June 9, 1791
met according to adjournment
Present as yesterday
a vote that there be granted & paid out of the public Treas^
of this State a bounty of seven shillings for everj- piece of topsail
Duck and other Stouter Sail Cloth which shall hereafter be
manufactured Avithin this State being twenty four inches in breadth
and thirty nine yards long & that the Coms'' Gen' be and hereby
is appointed an Agent who is authorised to appoint one or more
Agents under him to inspect the same who on application of anj^
manutacturer of Duck or sail Cloth within this State attended
with a Certificate from the Selectmen of the Town where the s''
Manufacturer resides of his being bonafide the Manutacturer of
the said Duck or sail Cloth, or that the same was manufactured
by some person or persons acting for or under him, shall proceed
to inspect the same & if found good & merchantable as atbres''
shall give a Certificate thereof to the person applying as af ores''
290 NEW HAMPSHIRE EARLY STATE PAPERS. [^791
which Certificate shall entitle the person presenting it to the
bounty abovementioned, which bounty shall continue and be in
force until further order of the Gen' Court & that the Pres-
* 4-1 1 ident with &c give order * for the paj'm' of the bounty on
proper Certificates being produced was brot up read and
concurred
A vote for a Com'"' to join a Com'"' of the Senate to consider of
the pet" of Daniel Bailey was brot up read & concurred : M''
Kingsbury & M'' Dow joined —
A vote to hear the pet" of Samuel Smith & others on the third
Thursdays of the next Session was brot up read and concurred —
[A vote that Isaac Baldwin receive from the Treasur}^ £20
for was brot up read &]
A vote to hear the pet" of the westerl}- half of the Town of
Boscawen on the second Tuesday of the next Session was brot
up read & concurred
An Act to alter the time of holding the annual Meeting in the
Town of Protectworth having been read a third time voted that
the same be enacted
A vote for a Com"'"' to join a Com''''' of the Senate to consider
of the pet" of Susannah Hazeltine & report thereon was brot up
read & concurred M' Hale joind
An act authorizing the Commissioners formerly appointed to
receive and examine the Claims against the Estate of Breed
Bachelder an absentee to reconsider said report & make such re-
port as Justice & equitj- ma}- require having been read a third
time passed to be enacted — Sent down for concurrence — brot
up concurred
A vote on the pet" of the Selectm" of Thornton, that one penny
■^ Acre be laid on each first division Lot — that 16/8 be laid on
each second Division Lot that ma}' be laid out within six months
& if not so laid out that 16/S shall be laid and assessed on the
common land now belonging to each right for three years next
ensuing & that they have leave to bring in a bill accordingly was
brot up read & concurred
A vote granting the praj'er of the pet" of the Selectmen of
Campton and giving them leave to bring in a bill accordingly
was brot up read and concurred
A vote for a Com"' to join a Com'''' of the Senate to consider of
the pet" of James & John MacMasters was brot up read and con-
curred M'' Rogers joined —
*4-i2 * A vote for a Com'"' to join a Com*'^'' of the Senate to
1791] JOURNAL OF THE SENATE. 29I
consider of the petitions of Peter Gushing & Bradbury Cilley and
report thereon was brot up read & concurred M'' Sheafe & M'
Kingsbur}^ & M'' Wallace joined —
A vote for a Com'""' to join a Com"'"' of the Senate to take into
consideration the propriety of this States becoming a subscriber
to the Bank of the United States and report thereon was brot up
read and concurred AP Peabody M"' Foster & M'' Sheafe joined
Resolve that the Treasurer of this State be directed to call upon
the Continental Loan Officer from time to time for the Interest
which already has or may hereafter become due upon the Conti-
nental Securities funded by His Excellency Josiah Bartlett Esquire
for the benefit of this State and that he pass to the Credit of this
State the mone}' or monies which upon such application he may
receive was brot up read and concurred —
Adjourned till tomorrow morning 9 "Clock —
FRIDAY June 10'" 1791
met according to adjournment
Present as yesterday-
A vote for a Com'""' to join a Com''"' of the Senate to report
what allowance shall be made to the Citizens of this State who
hold the Treas'" Receipts for Continental money was brot up read
& concurred M'' Toppan joined
An Act for recording proceedings before Justices of the peace
& for preserving such records having been read a third time voted
that the same be enacted
A vote for a Com"" to join a Com"'- of the Senate to consider of
the pet" of Joshua Heath was brot up read & concurred M'" Rogers
& AI'' Hale joined —
An Act regulating the Office of a Coroner having been read a
third time voted that the same be enacted
A vote to postpone the hearing on the pet" of Stephen Harford
which was to have been j-esterday to the second Thursday of the
next Session was brot up read and concurred —
* An Act to enable the Judge of Probate for the County * 4-13
of Cheshire to grant licence to sell the whole of the real
estate of Samuel Adams late of Fitzwilliam deceased having been
read a third time voted that the same be enacted.
A Vote that AP Toppan AP Rogers & INP Dow with such of
the Hon''''= House as they may join, be a Committee to take under
consideration a Bill regulating of swine and to report such altera-
292 NEW HAMPSHIRE EARLY STATE PAPERS. [l79I
tions as they may think necessary Sent down for concurrence
bro' up concurred
A Resolve that the Registers of Deeds in the several Counties
of this State be & hereby are directed to make out a general
Index referring to deeds which Index shall be in one large folio
volume of a size that will admit of a large number of additional
names which shall be added as often as deeds are recorded — the
Index shall contain two lists — one to consist of all the names of
the Grantors to the Grantees the other to consist of the names of
the Grantees from the Grantors — And the Registers shall be
allowed therefor by the State a sum in the same proportion as the
law allows for recording Deeds — was sent down for concurrence
— brot up concurred
Adjourned till to morrow morning 8 "Clock
SATURDAY June ii'" 1791
met according to adjournment
Present as yesterday —
A vote granting the prayer of the pet" of the Inhabitants of
L3-ndborough & giving them leave to bring in a bill accordingly
was brot up read & concurred
A vote that the Hon. Nath' Rogers Christ" Toppan & Joseph
Badger Jun' Esq'" be and hereby are appointed a Com'"' to take
into consideration in the Recess of the Gen' Court the pet" of
Peter dishing & Bradbury Cille}^ pra3ing for an abatement upon
their Excise bonds the expence of the Com'"' to be paid by the
petitioners and that s'' Com'''' report thereon at the next Ses" of
the Gen' Court which shall be final & decisive between this State
& the petitioners, the petitioners having agreed thereto was brot
up read & concurred —
*4-i4 *A vote granting the prayer of the petition of the Select-
men of Rumney and giving them leave to bring in a bill
accordingly was brot up read and concurred
A vote that the Treas'' be directed to receive seven shillings in
specie in lieu of twenty shillings on the outstanding Taxes now
payable in Indents or State Certificates and that a resolve be brot
in accordingly was brot up read & concurred
Adjourned till Monday next 3 "Clock P — M —
1791] JOURNAL OF THE SENATE. 293
MONDxW June 13, 1791
met according to adjournment
Present all the Senate except AP Wallace
A vote for a Com'"' to I'oin a Com""' of the Senate to consider
what business is }'et necessary to be done at this Session, at what
time & to what time & place this Court shall be adjourned &
report thereon also report what allowance shall be made to the
Gen' Court & their officers this Session was bro' up read and con-
curred, M"' Hale M'' Page [M"' Means] M' Sheaf e & M'' Dow
joined
A Resolve that the Selectmen of every Town & place in this
State from whom any certificate or Indent taxes are now due, be
directed immediately to call to account their collectors who are
delinquent in indent & Certificate taxes and that said Selectmen
within three months certify to the Treas'' of this State the amount
of the certificate, indent & specie taxes due from the persons
named in their lists to the several collectors — And that the Treas"'
receive from the several collectors seven shillings in lieu of every
twenty shillings in said certificates or indents so certified by the
Selectmen to be due from the s'' individuals —
Provided that before any collector shall avail himself of the
liberty given hereby of paying in silver at s'' rates he shall first
pay to the Treas'' either in certificates, indents or State notes
indiscriminately so much as ma}' be due in certificates or indents
to the Treasur}' and which are not so certified — And for Certifi-
cate and indent taxes the Collectors shall receive indiscriminately
as may be offered them by the several delinquent persons in their
lists either State notes, indents certificates or silver as before
rated — And the Treas' shall keep an ace" of what cerdficates
indents State notes or specie he shall receive of each collector for
such outstanding taxes — Sent down for concurrence — brot up
concurred
* Adjourned till tomorrow morning 8 "Clock *4-i5
TUESDAY June 14, 1791
met according to adjournment
Present as j'esterday with the addition of M"' Wallace
A vote, that his Excellency the President be requested to
Ibrvvard to ihe Legislature of the United States by the Represent-
atives from this State, the following Memorial of said State and
294 ^"EW HAMPSHIRE EARLY STATE PAPERS. [^791
that s'' Representatives be requested to lay the same before Con-
gress and use their influence to obtain redress —
To the Honorable Senate & House of Representatives of the
U. S. of America — The Memorial of the Legislature of the
State of New Hampshire with all due respect sheweth
That this State hath ever been chearfully ready, according to
its utmost abilit}' to contribute its proportion by the supply of men
& money during the late war for the defence of the Country and
establishment of Independence & freedom — by means of which
war and the long & strenuous exertions made by this State a
heavy debt in proportion to our property was accumulated on the
State — This debt incurred for the common defence & safety and
in the common cause of our Country, conformidably to the direc-
tions of Congress we expected wou'd be finally adjusted, and
equal justice done to this, as well as to all the other States, by the
Statement of the Accounts agreeably to the articles of the late
confederation ; But the obligations and sums promised by the
State, we considered the State alone responsible for to its creditors
as we conceived the other States were to theirs respectively —
From this persuasion the Legislature of this State have from time
to time during the war and since laid burthensome taxes upon its
Citizens for paying not only the Interest but a large part of the
principal of the State debt ; at the same time practising the most
rigid Economy in expenditures for the support of the civil Gov-
ernment of the State and for their own particular defence — By
these means the State have extinguished a large part of their
Debt, and began to have the animating hope that in the course of
a few years more our debt wou'd be discharged, and the Citizens
eased of those heavj- burthens they had so long borne with
exemplary patience — From these circumstances it may well be
supposed this State was much disappointed at, & received
*4-i6 with general disapprobation and uneasiness that part *of
a late Act of Congress in which it is proposed to assume
Twenty one millions and five hundred Thousand Dollars of the
debts of the several States and in which provision is made for
funding and paying the same. By which measure an increased
Debt is bro' on the General Government the necessity of an
increased revenue is involved — and probabl}' a delay of the pay-
ment of the national Debt will thereby be occasioned : all which
are evils (in our opinion) to be avoided — But still more objec-
tionable in our view, and disgusting to the Citizens of N H is the
assumption of the State Debts on account of the very unequal pro-
1791] JOURNAL OF THE SENATE. 295
portion there is between the Qiiotas allowed to be assumed from
tlie debts ot' some States and those of others — On a view of the
requisitions made on the States by the Congress under the confed-
eration ; whether for men or money it will appear that N. H —
was generall}' apportioned as about one twenty eighth part of the
Union — The proportion of her present Representation is nearly
as one to twenty two ; And this it is presumed will not be found
too great a proportion of the number of which the House of Rep-
resentatives of the United States is now composed, when the num-
ber of Inhabitants of all the States is ascertained. It was not in
the power of this State fully to comply with all the requisitions
made by Congress, yet we presume it will appear that of the
number of soldiers furnished by the several States the expence
consequent thereupon and the actual payments made by all the
States in consequence of requisitions of Congress, this State has
furnished at least one twenty eighth part. Notwithstanding the
above proportions & Supplies, the sum proposed to be assumed of
this States Debt is less than one seventieth part of the whole sum
proposed to be assumed, tar less in proportion than any other
State in the Union ; whether such State owed any Debt con-
tracted for the common Defence or not — This must devolve on
the Citizens of this State, the burthen of paying about six hundred
Thousand Dollars of the mass of assumed Debt more than is
assumed of theirs calculating agreeably to former requi-
sitions *of Congress and on the supposition that the rev- *4-i7
enue arising from the impost & excise or anj' other kind
of General Tax (whether actually collected in the State or in the
neighboring States thro which a great part of our commerce
passes) will actually be paid by the Consumers of Dutied articles ;
And that the Citizens of New Hampshire will consume of those
Articles of other States in proportion to their numbers which prob-
ably will be the Case — In this view of the assumption it cannot
but appear very unequal and while there is a distinction made
between this State & every other State in the Union in the smal-
ness of its Qiiota allowed to be assumed it appears to us to
criminate the State as the most delinquent in the Union which we
are confident we deserve not ; or else that equal justice is not
distributed to us —
Wherefore as Guardians of the rights & privileges of the Citi-
zens of N. H — whom we have the Honor to represent we con-
ceive it our duty to remonstrate against said Act so far as it
respects the assumption of the State Debts, or if s'' assumption
296 NEW HAMPSHIRE EARLY STATE PAPERS. [l79I
must be carried into effect to request that this State may have such
addition made to the sum allowed to be assumed of its debt as
shall place the citizens of N H. on an equality with those of other
States at least equal to the smallest proportion allowed to any
other State according to the Census or that the injuries & bur-
thens we complain of may be removed in such other way as you
in 3-our wisdom & Justice shall think tit was brot up, read and
concurred
A vote for a Com''''' to join a Com'"" of the Senate to consider of
the pet of P Rindge was brot up read & concurred M' Toppan &
M' Wallace joined
A vote to hear the pet" of the Selectmen of Chichester on the
second Wednesday of their next Session was brot up read and
concurred
*4-i8 *An Act regulating licenced Houses having been read a
third time — On Motion being made that the yeas & Nays
be taken They were as follows —
Yeas.
Mr Peabody
M"^ Kingsbury
Nays.
Mr iMeans Mr Page M'' Foster M"' Wallace 5
M'' Toppan
and so it was enacted
A vote to hear the pet" of James Wallace on the Second Thurs-
day of the ne.xt Session, was brot up read & concurred
A vote for a Com'''' to join a Com''' of the Senate to take under
consideration a Resolve respecting receiving seven shillings in
specie in lieu of 20s of Indents &c was brot up read & concurrd :
M'' Rogers joined
A vote so far granting the prayer of the pet" of Walter Geer as
that s'' Geer have libertj- to renew s'' action separate of s*" Grout
& that he have leave to bring in a bill accordingly was brot up
read & concurred
A vote for a Com'" to join a Com'" of the Senate to consider of
the pet" of S Hobart who pays [prays] the Gen' Court to order that
nail making works shou'' be erected at the several prisons in the
respective Counties agreeable to a certain Act & was brot up read
& Non concurred —
A vote to pay the ace" of J Smith Esq amounting to ,£32..i7..o
as one of the Com"'' on revision of the laws was bro' up, read &
concurred
Yeas.
Yeas.
Yeas.
M'
• VValdron
M'
■ Rogers
M'- Hale — ;
M'
• Sheafe
M-'
Dow &
Nays.
Nays.
Nays.
M-
■Page
M>
■ Foster
M'- Wallace
I791] JOURNAL OF THE SENATE. 297
A vote to pay Elias Tarlton £4. .13. .4 on Capt Salters Roll was
brot up, read & concurred, [w' granted.]
A vote that Sanford Kingsbury James Macgregore & Jer''
Smith Esq'' receive out of the Treasury £10 each to be b\- them
severally accounted for was brot up read & concurred —
A vote for a Com'"' to join a Com'"' ot" the Senate to consider of
a Letter from J Wliipple Esq was brot up read and concurred.
M'' Toppan Sz M'' Rogers joined —
* A vote to postpone the hearing of the petition of the *4-i9
Selectmen of Cockermouth to the second Wednesday of
the next Session was brot up, read & concurred
A vote to postpone the remainder of the hearings which were to
have been this day until to morrow was brot up read & concurred
A vote granting the prayer of the pet" of New Grantham and
giving them leave to bring in a bill accordingly was brot up, read
& concurred
Adjourned till tomorrow morning 8 "Clock —
WEDNESDAY June 15, 1791 —
Met according to adjournment
Present all the Senate —
An Act to incorporate the South part of the Society Land and
sundry other tracts of Land having been read a third time voted
that the same be enacted.
An Act to prevent fraud in Cord Wood exposed to Sale having
been read a third time voted that the same be enacted.
An Act to incorporate the first or North parish in the Town of
Portsmouth, having been read a third time voted that the same be
enacted
A vote grandng the prayer ot' the pet" of Alex'''' Ewen and giv-
ing him leave to bring in a bill accordingly was brot up read &
concurred —
k. vote granting the prayer of the petition of the Selectmen of
New Durham [New Grantham] and giving them leave to bring
in a bill accordingly was brot up read & concurred —
A vote that the Secretary be directed to have printed as soon as
may be, three hundred & fifty copies of the Resolve passed this day
respecting cerdficates & Indent taxes outstanding — And forward
them immediately by the members to the several Towns & places
in this State Sent down for concurrence — brot up concurred
A vote that George Kenfield have &. receive out of the Treasurv
29S NEW HAMPSHIRE EARLY STATE PAPERS. [l79I
* 4-20 £9.. 6.. 3 for wages and travel * in Capt Eliots Company
in Col. Hobarts Regiment in the year 1777 and that the
President give order accordingly was brot up read & concurred
Adjourned dll tomorrow morning 8 oClock
THURSDAY June 16'" 1791 —
Present all the Senate except M'' Kingsbury. —
An Act directing the mode of calling a convention to revise the
Const'" of this State having been read on the Question shall it be
enacted — the yeas & na\'s, being required, were as follows
Yeas. Yeas.
i\f Dow M'- Peabody
Nays. Nays. Nays. Nays.
M' Page iM-- Wallace .M'' Means M'' Waldion
iM"- Rogers M>- Toppan .M'" Foster iM'' Sheafe
Af Hale
Nays, 9, — Yeas 2 so it passed in the negative —
A vote to pay the acC^ of Nath' Oilman & Nath' Rogers Esq
amounting to £3..o..o [for defacing orders] was bro' up read &
concurred —
An Act to regulate the exportation of Beef & Pork having been
read a third time voted that the same be enacted —
A vote that the next Session of the Gen' Court be holden at
Dover was brot up read & concurrd with this alteration that it be
holden at Portsm" instead of Dover sent down brot up concurred
An Act regulating Swine having been read a third time voted
that the same be enacted —
An Act directing the mode of calling a convention to revise the
Constitution of this State having been read a third time voted
that the same be enacted.
*4-2i *An Act declaring the limits & boundaries of the several
Counties in this State having been read a third time
voted that the same be enacted.
A vote granting the prayer of the pet" of W [William] Page
Esq and giving him leave to bring in a Resolve accordingly was
brot up read & concurred.
A vote granting the prayer of the pet" of Edw'' Livermore Esq
Attorne}- to James & John MacJNIasters & that the President be
desired to give order that Wentworth Cheswell deliver all the
books and Papers now in his Custod}' belonging to the petitioners
to them or their Attorney was brot up read and concurred —
1791] JOURNAL OF THE SENATE. 299
A Resolve that all Invalids non commissioned Officers Soldiers
& Seaman who have not been inspected or who may have been
inspected & been refused or struck oft' the list make immediate
application to D'' Tenney & D'' W'" Parker of Exeter for exami-
nation who are hereby appointed inspectors of Inv''^ and on its
appearing to the Inspectors that any of them ought to be on the
invalid pension list that the Inspectors petition Congress for their
Admission & write to our Rep" & Sen'" in Cong" stating the facts
relative to the subject was bro' up read & concurred
A vote that the Com''" apt'^ to deface Orders &c having com-
pleted the business be discharged was brot up read & concurred
A vote for a Com'" to join a Com"'' to consider of the pet" of
Tho" Smith & John Lathrop was brot up read & concurred M''
Dow joined
A vote for a Com"''' to join a Com""" of the Senate to consider of
the pet" of Tho" Simpson was brot up read and Nonconcurred
A vote that the Acc"^ of Eph'" Robinson & Nath' Rogers be
accepted & that said Rogers pay into the Treasuiy the sum of
three pounds six shillings & take his receipt therefor & that the
Treasurer debit himself therewith was brot up read & concurred
A vote that all the books & papers now in the hands of the late
Com'"" of Claims Secretary, or any other person which relate to
the Claims of this State against the United States or the claims of
Individuals against this State for services done or losses suffered
in the late war be delivered to the commissioners appointed to
receive & examine & make a fair statement of all payments &
allowances that have been made to Towns and Individuals
for such expenditures they giving a * receipt to the person * 4-22
or persons possessed of such books or papers was brot up
read & concurred
A vote for a Com"" to join a Com'" of the Senate to Consider
and report what method shall be adopted respecting military
stores belonging to s'^ State now in the hands of Individuals in this
State also respecting Notes Receipts &c from Individuals now in
the Comptrollers Office given for military Stores, was brot up
read & concurred M'' Dow joined —
A vote granting the prayer of the petition of Daniel Bailey and
giving him leave to bring in a bill accordingly at this or the next
session was brot up read and concurred —
A vote on the pet" of New Hampton that a tax of one penny on
each acre of land in s'* Town be raised for three years and that
they have leave to bring in a bill accordinglj- at this or the next
Session was brot up read and concurred
300 NEW HAMPSHIRE EARLY STATE PAPERS. [^79^
A vote to hear the pet" of a Com'" appt'' by the proprietors of
Unity on the third Thursday of the next Session was brot up read
and concurred
An Act to raise one thousand pounds b}" a public Lotterj^ for
the use of the Atkinson Academy having been read a third time
on the Question shall it pass to be enacted — the yeas and nay
being required were as follows viz
Yeas. Yeas. Yeas. Yeas.
M>- Wallace .M'' Dow M'' Waldron M'' Peabodv ~
M"- Hale M'' Page M'' Means &
Nays. Nays. Nays. Nays.
Mr Toppan M'' Rogers M'' Foster & M^ Sheafe 4
and so it passed to be enacted [and sent down.]
An Act to impower Walter Geer to review an x\ction having
been read a third time passed to be enacted — Sent down — brot
up concurred
* 4-23 *A vote to postpone the hearings on the pet'" of Gid
Tiflany & J Shapley prop"'" of Eaton & Burton Tho'
Pinkham & Geo Hull Town of Coventry D Webster and others
[J. Hicks, N. Doine. A. Plumley and Littleton and Dalton] until
the third Wednesday of the next Session was brot up read &
concurred
An Act to enable the Selectmen of the Town of Thornton to
assess & cause to be collected the sum of one pennj- per Acre on
the first division Lots of land in said Thornton & 16/8 on each
second Division Lot that hath been laid out or may be laid out in
s** town of Thornton within six months from the date of this Act
»& if not so laid out on the Common lands belonging to such right
for three years next ensuing having been read a third time voted
that the same be enacted
[An Act for the limitation of Actions & for the preventing of
vexatious suits having been read a third time voted that the same
be enacted.]
An Act granting Joseph Kimball Esq the exclusive right or
privilege of making Waterqueeche falls in Connecticut River
navigable for boats having been read a third time passed to be
enacted Sent down for Concurrence —
A vote that the Com'''' ap"' 3'' Inst to present the Rev'' M' Evans
with the thanks of the Gen' Court &c be requested to receive from
M' Evans the copy therein mentioned & agree with M'' Hough to
print 250 copies of the same was brot up read & concurred
1791] JOURNAL OF THE SENATE. 3OI
A vote to hear the pet" ot" Wendall Lempster et alii on tiie third
Thurdsday of the next Session was brot up read and concurrd
A vote to hear the pet" of Sam' Duncan in behalf of N Gran-
tham on the second Tuesday of the next Session was brot up
read & concurred
An Act to enable the Selectmen of Campton to assess & cause
to.be collected one penny ^ Acre annually for two years
on all the unimproved Lands in said * Campton having * 4-24
been read a third time voted that the same be enacted.
A vote to hear the pet" of John Tasker et alii on the third Wed-
nesday of the next Session was brot up, read & concurred.
A vote to accept the report of a Com'"' viz that this State is
possessed of 47663 Dol 93 Cents in funded six per Cents & be-
tween seven & eight thousand pounds in cash — that his Excel-
lency the President & the Treas' should be authorised & impow-
ered to subscribe to the s' bank in behalf of this State to the
amount of 150 Shares which will require the sum of 45000 Dol-
lars in the said funded stock & 15,000 Dollars in Cash was brot
up read & concurred
A vote on the pet" of the Selectmen of Ortbrd that a tax of two
pence on each acre of land be levied in s" Town for one year and
that they have leave to bring in a bill accordingly at this or the
next Session was brot up read & concurred
An Act in addidon to & explanation of an Act entitled an Act
for granting a lottery for rebuilding a Bridge over Little Harbour
River to New Castle made & passed the 12 Da}' of January' Anno
Domini 1790, having been read a third time voted that the same
be enacted
adjournd till tomorrow morning S "Clock
FRIDAY June 17 1791
met according to adjournment
Present all the Senate except Sanford Kingsbury & Rob' Means
Esq
A vote granting the prayer of the pet" of Jon' Wadleigh and
giving him leave to bring in a bill accordingly at this or the next
Session was brot up read & concurrd
An Act to restore Alexd'' Ewen to his law having been read a
third time voted that the same be enacted
A vote that the allowance tor travel & attendance for the Mem-
bers of the Senate & House of Rep' & their Officers be the same
302 ^■E^^' Hampshire earey state papers. [^791
as was allowed to the last Session of the Gen' Court was brot up
read & concurred —
* 4-25 * A vote that the Treas'' pay the Holders of s'" Rec'" on
their producing the same at the rate of 55 for each 100
Dollars was brot up read & concurred
A vote that the Receiver of non resident taxes receive los ^
Cent in lieu of five '^ Cent & 6 pence for each receipt & that an
Act or resolve be now passed was brot up read & concurred
A vote granting the prayer of the pet" of Benj" Stone & giving
him leave to bring in a bill accordingly was brot up, read &
Nonconcurred
A Resolve that M' Nath' Parker Recv"^ of non resident taxes
shall be allowed in future to demand & take 10 ^ Cent™ on all
non resid' taxes he maj' receive and six pence for cash But which
shall &c was sent down — brot up concurred
A Resolve that His Exc'-'' & the Treas"' be and are im powered
to subscribe on Ace" & in behalf of this State for the Stock of
the bank of the United States the sum of 60,000 Dollars being
150 shares payable i in Gold & Silver & | in that part of the pub-
lic Debt of the united States which bears an Interest of 6 '^ C '^ A
And that the President & Treas'' are authorised to take out of
the State Treasury the above monies and funded papers for s''
purpose & make all necessary transfers according to such rules
as are instituted in that behalf bj' law & do and transact all &
singular Acts Matters & things as shall or maj- appertain to s''
subscription & render an ace" thereof to the Gen' Court at their
next Session was sent down for concurrence — brot up concurred —
An Act to authorise the Selectmen of New Durham to levy a
tax of one penny 1? Acre on the lands in s'' Town for repairing
the highways having been read a third time voted tliat the same
be enacted
A vote to hear the pet" of John Bryant on the first Tuesday of
the next Session was brot up read & concurred
A vote to pay the ace" of Benj-' Hannaford amo'^ to £S was
brot up, read and concurred
A vote to hear the pet" of Benj Abbot on the third Wednesday
of the next Session was brot up read & concurred '
•4-26 *A vote to hear the pet" of Alexander Plumley on the
third Wednesday of the next Session was brot up read
and concurred
An Act to enable Alex'''' Craige Josiah Sanborn and Wil"' Pres-
son the Selectmen of the Town of Thornton in s'' State for the
1791] JOURNAL OF THE SENATE. 3O3
time being to lev}- assess & collect a tax of two pence ^ Acre
upon all the lands (public lands excepted in s'' Town) for the
purpose of making highwaj's & bridges therein having been read
a third time voted that the same be enacted
A vote to pay the Ace" of Joseph Pearson amounting to
£30..i2..o p'' Col Giddinge for the use of a Room firewood and
candles Sac from i6 Dec 1789 to 16 Ma}- 1791 was brot up read &
concurred
A vote to pay the Ace" of Geo Hough amounting to 29/2 for
printing was brot up read & concurred.
A vote appointing Thursday the 17 of Nov'' next to be observed
as a day of public thanksgiving throughout this State was brot up
read & concurred
A vote to pay the Ace" of Sam' Dinsmore amounting to
£3.. 3.. 9 for copying & adjusting Ace" for Commissioners on con-
tinental Ace"" — was brot up read & concurred
A vote to pay the Ace" of Joseph Pearson amounting to £45 as
paymaster of InV'' from 23 Octo 1784 was brot up read and con-
curred
An Act suspending the operation of sundry Acts therein enu-
merated & referred to until a certain period, having been [read] a
third time voted that the same be enacted
An Act to enable the Selectmen of the Town of New Hampton
to assess & cause to be collected the sum of one penny ^ Acre on
each Acre of land in said Town annually public Rights excepted
for the term of three years from the passing this Act having been
read a third time voted that the same be enacted
A vote that y'^' pet" of Joseph Kimbal in behalf of the Town of
Plainfield lay till the next Session of the Gen' Court and that the
Treas'' be directed to stay all extents against s'' Town for deficiency
of soldiers until the next Session was brot up read & concurred
A resolve impowering Col William Page to raise a company of
Light Horse in the Towns of Newport Lemster, Washington
Stoddard & Marlow was brot up read & concurred —
*A vote to pay Eliph' Ladd thirty shillings Henry *4-27
Randlet thirty six shillings John Melcher £23..i..o in full
of their Acco' for printing John Waldron & Joshua Wingate Esq
36s in full of their Acco' for selling Excise Jon-' Gage 30s in full
for his Ace" for expences at sale of Excise Reuben Libbey fifteen
shillings in full of his Ace" for taking an Inventory of the Town
of Tuftonbor" Ozias Silsby three pounds in full of his Ace" for
postage of letters was brot up, read and concurred
304 NEW HAMPSHIRE EARLY STATE PAPERS. [^79^
A vote to pay Josiah Nelson six pounds sixteen shillings &
eight pence as Doorkeeper was brot up read & concurred
A Resolve that His Exc'' the President be & he hereby is
authorised & impowered with Advice of Council to draw orders
on the Treas'' in tavor of John Melcher for such sum as he may
adjudge expedient not exceeding £So to be accounted for & for
such further sum or Sums as the President may think expedient
for contingent expences for the benefit of the State not exceeding
£100 & that the Treasurer pay such orders accordingly was
brought up read «& concurred
A Resolve that the Treas'' be & hereby is authorised to receive
from. James Reed late Brig'' Gen' a Certificate issued from the
Treasur}- office of the United States for the sum of two thousand
two hundred & forty three Dol^ & 88 Cents dated 27 May 1791 &
allow s'" Reed therefor at the rate of i8s upon the pound to be
paid by deductions from the outstanding taxes due from such of
the Towns or Collectors as the said Reed may request — provided
the said Reed shall at his own expence empower the s'' Treas'' to
obtain a proper transfer of s" Certificate or the am° thereof for the
use and Benefit of this State was sent down for concurrence —
brot up concurred
A vote to pay Caleb Buswell three pounds as Doorkeeper was
brot up read & concurred
A vote to pay John Calfe Esq £13. .16. .2 for recording, copy-
ing &c was brot up read & concurred
A vote that the Revd M'' Evans receive out of the Treasury 40s
for his services as Chaplain was brot up read & concurred —
A vote to pay the Ace" of Moses [L.] Neal amount' to 30s for
engrossing bills was brot up, read & concurred
A vote that His Exc'' the President with advice of Council
adjourn the Gen' Court until the last 'Wednesday in Novem"' next,
then to meet at portsmouth was brot up read & concurred — and it
was accordingly adjourned
JOURNAL
OF THE
House of Representatives
CONTAINING THE PROCEEDINGS
FROM JUNE I TO JUNE 17, 1791.
House of Representatives
FOR THE YEAR 1791-92
Nathaniel Peabody, Atkinson, Speaker.
John Calfe, Hampstead, Clerk.
Moses Leavitt Neal, Assistant Clerk.
Rev. Israel Evans, Concord, -^
Rev. Dr. Samuel Haven, Portsmouth, |
Rev. Joseph Buckminster, Portsmouth, \ Chafla
Rev. John C. Ogden, Portsmouth,
Rev.
Walton,
Rev. Israel Evans, Concord,
Preachc
of Election Sermon.
REPRESENTATIVES.
Portsmouth .
Exeter
Londonderry
Chester "
Newington .
Greenland .
Rye .
North Hampton
Hampton
Hampton Falls \
Seabrook "
C George Gains.
< John Pierce.
( James Sheafe.i
Benjamin Connor, Jr.
James M'Gregore.
Joshua Weeks.
Moses Leavitt.
Christopher Toppan.'
Nathaniel Hubbard Dodge.
1 Elected to the Senate.
3o8
NEW HAMPSHIRE EARLY STATE PAPERS.
[179I
idon )
Stratham
Dunbarton ^
Bow ]
Salisbury .
Boscawen .
Fishersfield
Sutton
Warner
New London
Andover
Gore
Charlestown
Alstead
Keene
Swanzey
Westmoreland
Richmond .
Jaffrey
Winchester
Chesterfield
Rindge
Walpole
Claremont .
Cornish
Newport )
Croydon 5
Acworth ^
Lempster >
Marlow }
Wendell >
Unitv 5
Litchfield }
Derryfield \
Dunstable .
Merrimack
Bedford
Goflstown
Hollis
Amherst
Raby }
Mason ^
Jonathan Wiggin.
John C. Gale.
Ebenezer Webster.
Joseph Gerrish.
James Flanders.
William Page.i
Oliver Shepherd.
Jeremiah Stiles.
Elisha Whitcomb.
Archelaus Temple.
Abel Parker.
John Alexander.
Moses Smith.
Daniel Rand.
Aaron Allen.
Sandford Kingsbury,
James Bingham.
James Martin.
Daniel Emerson.
Daniel Warner.
1 Elected to tlip Senate.
[791] JOURNAL OF THE HOUSE OF REPRESENTATIVES.
309
New Ipswich
Francestown
Duxbury }
Mile Slip 5'
Wilton
Lyndeborough
Temple
Peterborough Slip
Peterborough )
Society Land 3 '
Hancock ^
Antrim >
Deering )
Henniker ^
Hillsborough ^
New Boston
Weare
Hopkinton .
Pelham
Dover
Durham
Somersworth
Rochester .
Barrington .
Sanbornton
Gilmanton .
Madbur}' .
Meredith )
New Hampton 5
Sandwich >
Tamworth >
Moultonborough"
Tuftonborough
Wolfborough
Ossipee
Barnstead .
New Durham
New Durham Gore
Wakefield ^
Middleton i
Effingham )
Charles Barrett.
Abiel Abbott.
Peter Clark.
John Smith, Jr.
John Duncan.
William Wallace.
Benjamin Darling.
John Kielle.
James Carr.
James Howe.
Isaac Waldron.
William Harper.
Joseph Badger, Jr.
Ebenezer Smith.
Daniel Beede.
Nathan Hoit.
John Tasker.
Thomas Tash.
3IO
NEW HAMPSHIRE EARLY STATE PAPERS.
[179I
Conway
Eaton
Burton
Bartlett
Locations J
Nottingham West
Kensington
South Hampton }
East Kingston ^
Kingston
Brentwood .
Epping
Newmarket
Nottingham
Deerfield
Northwood '
Epsom I
Allenstown
Northtield .
Canterbury
Chichester )
Pittsfield $
Loudon
Concord
Pembroke .
Candia
Raymond >
Poplin )
Hawke )
Sandovvn 3
Hampstead
Atkinson ^
Plaistow 5
Salem
Newton
Windham
Surry
Gilsum
Sulliva
Stoddard }
Washington ^
5 Andrew McMillan.
I Jacob Blaisdell.i
Ebenezer Clifibrd.
Ezra Currier.
John Eastman.
Jabez Smith.
William Plumer.
Nathaniel Rogers.
Jonathan Cilley.
Joseph March.
Jonathan Clark.
Charles Glidden.
Abiel Foster.-
Robert Tibbetts.
Jonathan Smith.
William Duncan.
Nathaniel Emerson.
Ezekiel Godfrey.
Thdmas Page.
Nathaniel Peabody.^
James Betton.
Lemuel Holmes.
Thomas Penniman.
led from a seat in the House, June 3, 1791. 2 Elected to the Sen;
/■91] JOURNAL OF THE HOUSE OF REPRESENTATIVES.
311
Dublin I
Packersfield 5'
Marlborough
Fitzwilliam
Plaintield .
Protectworth j*
Grantham ^
Holderness ^
Campton >
Thornton )
Plymouth )
Rumney >
New Chester
Alexandria
Bridgewater
Cockermouth
Enfield ^
Canaan I
Cardigan [
Grafton J
Hanover
Lebanon
Lyme }
Dorchester >
Haverhill >
Coventry 5
Piermont >
Warren )
Orford (
Wentworth i
Lincoln >
Franconia 5
Bath
Lvman
LandatT
Gunthwaite
Littleton
Dalton j
Samuel Griffin.
Abner Stone.
Joseph Kimball.
Samuel Duncan.
Benjamin Gould.
Thomas Crawford.
Ebenezer Hoit.
Jonathan Freeman
Elisha Payne.
( Moses Dow.i
( Joseph Hutchins.
William Tarlton.
William Simpson.
John Young.
1 Elected to the Senate.
312
NEW HAMPSHIRE EARLY STATE PAPERS.
[179I
William Careill.
Lancaster "]
Northumberland
Stratford
Dartmouth
Percy
Cockburne
Coleburne
1 Excluded from a seat in the House, June 2, 1791.
Note. — In addition to the above, the names of Chamberlain, Gregg, Knox, Morris.
Nichols, and B. Page appear on the roll-calls of the House for this year, but we are >inable
to state what towns they represented. —Ed.
* STATE OF NEW HAMPSHIRE,
A JOURNAL
Proceedings of the Honb^ House of Representatives of
THE State of New Hampshire at their Session begun
AND HOLDEN AT CoNCORD IN SAID StATE [oN WeDNESDAy]
June i^^ 1791 — [and in the fifteenth year of the Inde-
pendance of America — ] [being the day appointed by
the Constitution for the Annual meeting of the Gen-
eral Court.]
WEDNESDAY June r' 1791.
Eighty five members having met agreably to the Constitution,
after producing their credentials and taking the necessary Oaths
proceeded to the choice of a Chairman and the Honb' Elisha
Pa3'ne Esq'' was chosen for that purpose —
Motion was then made for the choice of a Speaker and the
Honb' Nathanael Peabody Esq'' was elected to that Office —
Motion was then made for the choice of a Clerk and John Calfe
Esq'' was chosen for that purpose —
Motion was then made lor the choice of an Assistant Clerk and
M" Moses Leavitt Neal was chosen for that purpose —
Information was given to his Excellency the President and the
Honb' Senate that the House was organized and ready to proceed
to business —
]'otcd that M"' Sheafe W W" Page & W W" Duncan with
such of the Honb' Senate as they may join be a Committee to
provide an Entertainment to morrow for his Excellency the Pres-
ident the Honb' Council the Revr'' Gentlemen of the Clergy and
314 ^'E^V HAMPSHIRE EARLY STATE PAPERS. [l79I
such other Gentlemen of Distinction as the Committee may think
proper to invite —
A Message from the Honb' Senate gave Information to the
House that a quorum of the Senate were present and qualified to
proceed to business —
The Members of the Honb' Senate being met with the House
of Representatives in the Assembly Chamber and pi-oceeded in
Examining the returns of the number of votes for a President and
after examining the returns from the Counties of Rock-
* 14-189 ingham and Strafi'ord — agreed to adjourn * the Elections
until 10 o'clock and the counting or examining the
votes to 9 o'clock to morrow morning and the Senate withdrew —
The House then adjourned to 8 ©"Clock to morrow morning —
THURSDxW June 2'' 1791.
The House met according to adjournment
Volcd that M" Plummer, M"" Gains, M"" Payne M'' Simpson &
M'' Badger be a Committee to prepare and report such rules for
the future government of this House as they may judge nec-
essary —
The Honb' Senate being again met with the House in the As-
sembly Chamber proceeded in examining and counting the returns
of votes for a President and upon fully examining and counting
the same they were as follows (viz) tor his Excellency Josiah
Bartlett Esq' Eight Thousand Six hundred and Seventy nine votes
and for Sundry other persons in all two hundred and Eighty
eight votes — Therefor it appears that his Excellencj^ Josiah Bart-
lett Esq' is chosen president of this state for the Ensuing year by
a Majority of Eight Thousand three hundred and ninety one votes
and his election was declared accordingly —
Voted that the Elections yet to be made be adjourned to 10
o'clock to morrow morning — The Honb' Senate then withdrew —
Vo/cd that M'' Pierce, M"' Foster, M'' Bettan, M'' E Smith and
M'' Sheafe with such of the Honb' Senate as the}' may join be a
Committee to wait upon his Excellency Josiah Bartlett Esq'' Pres-
ident elect and present him a Certificate of his Elecdon to the
office of chief Alagistrate of this state for the ensuing year and
request his answer —
The Honb' Senate and House being again met in the Assembly
Chamber — His Excellency Josiah Bartlett Esq'' attended b}- the
Committee came in and manifested his Acceptance of the Office
of chief Magistrate for the Ensuing year, he then took and
1791] JOURNAL OF THE HOUSE OF
LEPRESENTATIVES.
315
[90
Subscribed the Oath of Allegiance and Oath of * Office * 14-
which Oaths were administred by the Honb' Moses
Dow Esq'' Senior Senator and the said Senior Senator declared
his Excellency Josiah Bartlett Esq'' President of the State of
New Hampshire before both branches of the Legislature —
The President and Senate then withdrew
Adjourned to 4 o'Clock P. M —
Met accordingl)' —
Proceeded to consider the returns of Members trom Several
districts which had made double returns or returns of two mem-
bers from different parts of the Same district and other disputable
returns —
On hearing and considering the return from Lancaster North-
umberland &c respecting the election of M'' William Cargill motion
was made to take the opinion of the House whether M'' Cargill
shall be excluded a Seat in this House On which motion the yeas
and nays were called and are as follows — (viz)
Yeas.
Yeas.
Yeas.
Yeas.
M-- Gains
Mr Clark
Mr Bedee
Mr Stiles
M"^ Sheafe
Mr Foster
Mr N Hoit
Mr Whitcorab
Mr Pierce
Mr Glidden
Mr Tash
Mr Parker
iVf Connor
Mr W Duncan
.Mr Tasker
Mr Alexander
M"" Leavitt
Mr Knox
Mr Chamberlain
Mr Temple
Ml- Dodge
Mr N Emerson
Mr D Emerson
Mr M Smith
M^ Wiggin
Mr Godfrey
Mr Martin
Mr Rand
Mr Clifford
Mr Page
Mr Barrett
Mr Holmes
Mr Currier
Mr Bettan
Mr Abbott
Mr Penniman
W Eastman
Mr Kellie
Mr Wallace
Mr Griffin
Mr Jabz Smith
Mr CaiT
Mr Webster
Mr Stone
M>- Plummer
Mr Badger
Mr Gerrish
Mr Gould
Mr Marcli
Mr E Smitli
Mr Shepherd
Mr Norris
Nays.
Nays.
Xays.
Xays.
Mr Macgregore
Mr Gregg
Mr Bingham
Mr Pavne
Mr Weeks
Mr Jn« Smith
Mr S Duncan
Mr Ta'rlton
Mr Tibbetts
Mr J Duncan
Mr E Hoyt
iMr Simpson
Mr Warner
Mr ..\llen
Mr Freeman
Mr Young
52 Yeas — 16 Nays — so the said Cargill was excluded a Seat
in the House of Representatives —
* Vo/cd that the district of Lancaster, Northumberland * 14-191
Stratford Dartmouth Piercy Cockburne Coleburne &c
be informed that the seat of their Representative has become va-
cant by M'' Cargill's being excluded a Seat in said House —
Adjourned to 8 o'Clock to morrow morning —
3i6
NEW HAMPSHIRE EARLY STATE PAPERS.
[179I
FRIDAY June 3'
791.
The House met accoi"ding to adjournment
Voted that M"' Foster, M' Parker & Ar Macgregore with such
of the Honb' Senate as they may join be a Committee to present
the Revr'^' M'' Evans with the thanks of the General Court for his
excellent discourse delivered Yesterday before the Court and
request of him a Copy for the press and also desire him to attend
and OtBciate as Chaplain to the Legislature the present Ses-
sion —
Proceeded to consider of the returns from the district of Con-
way Eaton Burton Bartlett & Locations and atter fully hearing
and considering said returns and the circumstances of the aiiair —
motion was made to take the minds of the House whether Col°
McMillan shall be excluded a Seat in this House — On which
motion the yeas & nays were called and are as follows — (viz)
Yeas.
Mr Dodge
M"" Wiggin
M"- Eastman
Mr Jab^ Smith
Mr Tibbets
M'' Jon» Smith
Nays.
M'' Sheafe
M'' Pierce
M-- Connor
M'' Macgregore
W Leavitt
M'' Toppan
W Clifford
Mr Pkimmer
Mr Cilley
M-- Godfrey
i\f T Page
AK Waldron
M'' Chamberlain
M-- Martin
.M"- Barrett
Nays.
M'' Foster
M"- W Duncan
Mr Knox
M'' N Emerson
Mf Bettan
M'- Kellie
Mr Carr
.M>- E Smith
M>- Bedee
Yeas.
M"- Darling
M-- Shepherd
.M"^ .M Smith
M"- Rand
Ml- Allen
Mr Bingham
Nays.
M"- Tash
M"" Warner
Mr Abbott
Mr Gregg
Mr Jn" S'milh
Mr J Duncan
Mr Wallace
.Mr Webster
Mr Whitcomb
Yeas.
Mr Holmes
Mr Penniman
Mr Griffin
Mr Gould
Mr E Hoyt
Nays.
Mr Ale.xander
Mr Temple
Mr Stone
.Mr S Duncan
Mr Freeman
Mr Norris
Mr Tarlton
Mr Simpson
Mr Young
23 Yeas — 36 Nays — so he was not excluded —
Motion was then made to take the minds of the House
* 14-192 * whether M"' Blaisdell returned from the same district
should retain a seat in this House which passed in the
negative —
Proceeded to consider of the returns from New Chester Alex-
andria Cockermouth & Bridgewater and after fully hearing and
considering the same motion was made to take the minds of the
House whether the objections made and the evidence olTered were
Sufficient to exclude M'' Crawford from a seat in this House
I791] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 317
which passed in the negative, so that M'' Crawford kept his seat
and M'' Shattuck returned from the same district withdrew him-
self—
Proceeded to consider of the returns from the District of Barn-
stead, New Durham and New Durham Gore — after fully hearing
and considering the Same and it appearing that Barnstead had a
number sutlicient to entide them to a Representative the return
was accepted and jM'' Tasker allowed a seat in the House — And
it also appearing that the remainder of the district (viz) New
Durham & New Durham Gore had a Sufficient number to entitle
them to send one Representative the return was also accepted and
M"' Tash allowed a seat The expence for the attendance of each
of said Members to be borne by their respective constituents —
The Honb' Senate and House being met in the Assembly
Chamber agreably to adjournment — proceeded to fill up the
vacancies in the Honb' Senate after being Officially informed that
there were three vacancies in the County of Rockingham and one
in the County of Cheshire — That the Candidates for the County of
Rockingham were the Honb' James Sheafe Abiel Foster Phillips
White Nathanael Peabody, Christopher Toppan and John Bell
Esquires — That the Candidates for the County of Cheshire were
the Honb' Amos Shepherd and the Honb' William Page Esquires
— And they made choice of the Honb' James Sheafe, The Honb'
Christopher Toppan and the Honb' Nathanael Peabody Esquires
for the County of Rockingham and the Honb' William
Page Esquire for the County of Cheshire *The remain- * 14-193
der of the Elections were then adjourned to four of
Clock in the afternoon —
The Committee appointed to prepare rules and orders for the
government of the House reported the following which were
received and accepted —
I"' Each Member shall seasonably and punctually attend his
duty in the House
2'' When the House adjourns each Member shall keep his seat
until the Speaker goes out and then the Members may follow —
3' The speaker shall preserve decorum and order, may speak
to points of order in preference to other Members rising from his
seat for that purpose and shall decide questions of order subject to
an appeal to the House —
4"' The speaker shall rise to put a question but may state it
sitting —
5''' When any member is about to speak in debate or deliver
3lS NEW HAMPSHIRE EARLY STATE PAPERS. [^791
any matter to the House he shall rise IVoiti his seat and respect-
fully address himself to the Speaker —
6"' If any member in speaking or otherwise transgress the
Rules of the House the speaker shall or an}' member may call to
order in which case the Member so called to order shall immedi-
ately sit down, unless permitted to explain, and the House if
appealed to shall decide the case but without debate and if there
be no appeal the decision of the chair shall be submitted to —
7"' No member shall speak more than twice to the same ques-
tion without leave of the House nor more than once until every
member chusing to speak shall have Spoken —
8"' When the Speaker is putting the question each Member
shall keep his seat until the question be decided, nor shall any
one when a Member is Speaking pass between him and the
Speaker —
9"' Every member who is in the House when any question is
put if he hath heard the debate shall vote thereon unless excused
by the House —
10'" No debate shall be allowed on an}- motion until the same be
seconded and anj- motion shall be reduced to writing & divided if
the subject will admit of it, if anj' member desire it —
* 14-194 * 1 1''' A Motion may be withdrawn at any time before
it be divided or amended and a motion for adjournment
shall always be in order — And when a motion is regularly before
the House no new one shall be received unless to postpone com-
mit or amend. And no new motion shall be admitted under colour
of an Amendment as a Substitute of the motion under debate —
12"' No member shall act as an Advocate without leave tirst
obtained of the House for that purpose —
13"' No person except a Member of the House or it's Otticers
shall be admitted above the bar of the House except Members of
Congress or of any of the state Legislatures who may be pres-
ent —
14"' No Bill shall be introduced but by motion lor leave or by
order of the House on the report of a Committee and shall not be
enacted until the same be read three times — The lirst reading
shall be lor information and if no opposition be made or the
question to reject the Bill be negatived a time shall be assigned for
a Second reading —
15"' Before any Bill resolve or vote shall be sent up to the
Senate the Speaker shall read the vote resolve or title of the Bill
and a Bill shall never be sent up by less than two members of the
1791] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 319
House, And all votes and resolves that are necessar}- to be carried
to the Senate for their Concurrence shall be sent by the Assistant
Clerk —
16"' No member shall be compelled to serve on a Committee he
being at the Same time a member ol" two other Committees who
have not reported — nor shall any member nominate more than
one person tor the Same Committee provided that the person so
nominated shall be chosen, nor shall any member after being him-
self chosen nominate one for the same Committee —
17"' No Petition shall be received b}- the House unless it be pre-
sented by a Member thereof & upon motion made for that purpose
18"' The journal of the House for the preceeding daj- shall
be read every morning previous to entering upon new busi-
ness —
* Adjourned to 3 o"Clock P. M — * 14-195
Met accordingly —
The Honb' the Speaker having accepted his appointment as a
Senator and resigned his Office as Speaker, Motion was made for
the choice of a Speaker and the Honb' William Plummer Esq'
was elected to that Office —
The Honb' Senate and House being again met in the Assemblj-
Chamber agreably to adjournment proceeded to the Elecdon of
Counsellors and the ballots being taken the Honb' Nathanael
Rogers, Joseph Badger, Robert Wallace, Lemuel Holmes &
Jonathan Freeman Esquires were Elected —
Proceeded to Elect a Secretarj- and the ballots being taken the
Honb' Joseph Pearson Esq'' was unanimously chosen —
Proceeded to the choice of a Treasurer and the ballots being
taken the Honb' John Taylor Oilman Esq"' was elected to that
Office
Proceeded to the choice of a Commissary General and the bal-
lots being taken the Honb' Supplv Clap Esq'' was elected to that
Office —
Voicd that the Elections be adjourned to 11 o"Clock to morrow
morning — [and the honourable Senate then withdrew.]
J'oicd that M'' Foster M"' E Smith, M'' Macgregore M'' Pierce
& M'' N. Hoit be a Committee to take under consideration a letter
t'rom his Excellency Josiah Bartlett Esq'' respecting the proceed-
ings of the Committee for funding the old Continental monev «S:c
and the papers accompanying said Letter & report thereon —
Vofed that M'' Emerson, M'' J Duncan & M'' Stiles be a Com-
mittee to consider of the Petition of Thomas Adams & report
thereon —
320 NEW HAMPSHIRE EARLY STATE PAPERS. [^791
]^oicd that M"' Pierce, M"' Macgregore, M"' Connor, M' Webster
& M'' M Smith -be a Committee to consider of the Memorial and
Petition of Robert L Fowle and report thereon —
Upon reading and considering the Petition of the Wardens
of the first parish in Portsmouth — Voted that the prayer thereof
be granted and tiiat the}^ have leave to bring in a Bill accord-
ingly —
* 14-196 *Upon reading and considering the Petition of John
Blunt Esq"" and other Inhabitants of New Castle — looted
that the petitioners be heard thereon before the General Court on
the Second Wednesday of the next Session and that in the mean
time the Petitioners cause that the select men of New Castle and
the Select men of Rye be served with a Copy of the Petition and
order of Court thereon thirty days prior to the sitting of said Court
that thejr may then appear and Shew cause (if any they have why
the prayer thereof may not be granted —
The Secretary came down from the Honb' Senate with the fol-
lowing message from his Excellency the President —
Gentlemen of the Senate and of the House of Representatives —
To meet the two branches of the Legislature newly elected by
the free Suffrages of my fellow citizens and with them to consult
and deliberate on the measures necessary to be adopted for the
happiness and prosperity of this state affords me a peculiar Satis-
faction at this time when the public aff"airs in General wear so
pleasing an Aspect after the troubles and difficulties we have had
to encounter in years past — The peace harmony and good order
that prevails among us, the diminution of our late burdensome
direct taxes the rapid increase of our agriculture and manufactures
the freedom of Commerce and advantage of fisheries all conspire
to afford us the agreable prospect (if we are not wholly wanting
to ourselves) of future ease and prosperity connected with civil
and religious liberty as the happ}^ effects (under the Smiles of
divine providence) of the noble exertions of the citizens of the
United States in the great cause of freedom and their Country
and as in those exertions the citizens of this state in proportion to
their numbers and abilities have had at least an equal share with
those of the other states in General so they have a right
* 14-197 to expect in the Same proportion *an equal share in all
the advantages arising from those exertions —
In addition to the common business of the state which is usually
transacted at this season of the year, I beg leave to recommend
the compleating the revision of the state laws which were in such
forwardness at the close of the last session
1791] JOURNAL OF THE HOUSE OF REI'RESENTATIVES. 32I
The time pointed out lor the revision ot" tlie Constitution of this
state being now arrived you will probably think proper at this ses-
sion to make the necessary arrangements for calling a Convention
of the state for that purpose —
The Acts of Congress and such other public papers as have
come to hand since the last session I shall direct the Secretary to
lay before you and if any thing further shall occur during the
session that will require your attention I shall not fail to commu-
nicate it to you by seperate message —
I have nothing further to recommend at this time but the culti-
vation of a Spirit of Unanimity and Harmony of candour and lib-
erality of Sentiments among ourselves and the people at large,
that while as I trust we are all aiming to promote the General
Welfare the different sentiments that may be entertained of the
best mode to be adopted for accomplishing that desirable end may
not interrupt that harmony and good will that is so essentially
necessary to the happiness of all public societies —
And Gentlemen you may be assured that it will afford me the
most pleasing satisfaction to be able in any degree to contribute
to the real interest of my fellow citizens —
Council Chamber in Concord Josiah Bartlett
the 3'' of June 1791 —
]'otcd that AP Foster, M'' E Smith, M'' Macgregore M"^ Pierce
and M'' N Hoit be a Committee to consider of a Letter from M""
Gardner late Treasurer and the papers accompanying the Same
and report thereon —
* Voted that M'' Payne, M' Macgregore M'' Foster, IVP * 14-198
Plummer and M'' E Smith with such of the Honb' Sen-
ate as they may join be a Committee to take under consideration
his Excellency's Message this day received and report an Answer
thereto also consider what business is necessary first to be entered
upon and done at this session and report thereon
Voted that the Clerk of this House be directed to give informa-
tion to the District of Plastow & Atkinson and to the Towns of
Hampton Charlestown and Claremont that the seat of their
Respective Representatives has become vacant by the Removal of
said Representatives to the Honb' Senate also to Portsmouth that
the Seat of one of their Representatives has become vacant by the
removal of JNI'' Sheaf e to the Honb' Senate —
looted that AP N Hoit, M'' Emerson & AP Tasker be a Commit-
tee to agree with persons for door keepers to the Legislature —
Adjourned to 8 o'Clock to morrow morning
322 NEW HAMPSHIRE EARLY STATE PAPERS. [^791
SATURDAY June 4"' 1791
The House met according to adjoui-nment
Voted that M' E Smith M"^ Pierce, M"' Simpson, M'' Foster and
TvP Macgregore with such of the Honb' Senate as they ma}' join
be a Committee to consider of a Letter from the Honb' Woodbury
Langdon Esq'' respecting the Accounts of this state against the
United states and the papers accompanying the Same and report
what measures they judge necessar}- to be taken respecting them —
Voted that M'' Emerson M'' Pa3'ne & M' Badger be a Commit-
tee to consider of a Letter from Joseph Whipple Esq'' and the
papers accompanying the Same which respects supplies for the
light house in time past & report thereon —
Voted that JNI'' Gains M'' Macgregore & INI'' W Duncan be a
Committee to consider of a letter from Nathanael Parker Esq''
Collector of Nonresidents Taxes and report thereon
* 14-199 * Voted that M'' Freeman, M'' Emerson and JM' Barrett
be a Committee to take under consideration a Letter
from the Honb' John Hubbard Esq'' Judge of Probate for the
County of Cheshire respecting the confiscated estate of Breed
Batcheldor and the papers accompan3'ing said Letter and report
thereon —
The Honb' Senate and House being again met in the Assembly
Chamber agreably to adjournment — voted to postpone the Elec-
tions until Monday next at 4 o'Clock P. M —
Voted that M'' Bedee M'' Gerrish & M'' Allen with such of the
Honb' Senate as they may join be a Committee to consider of the
Petition of Joel Doolittle and report thereon —
Voted that M'' M-^Millan M'' Young & M'' Shephard be a Com-
mittee to consider of the Petition of Micah Reed and report
thereon —
Upon reading and considering the Petition of the select men of
Protectworth praying that the time for holding their Annual meet-
ings maybe altered — Voted that the prayer thereof be granted
and that the Petitioners have leave to bring in a Bill accordingly —
Voted that M'' Badger, M'' Gains «&: M'' Freeman with such of
the Honb' Senate as they may join be a Committee to nominate
six persons out of whom three to be chosen for the purpose of
setling the Accounts between this state and M'' Gardner late
Treasurer thereof —
Upon reading and considering the Pedtion of Joel Doolittle and
the report of a Committee thereon voted that the Pedtioner be
1791] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 323
heard thereon before the General Court on the Second Tuesday
of the next Session and that in the meantime the Petitioner cause
that the substance of the Petition and order of Court thereon be
published three weeks Successively in One of the New Hamp-
shire News papers six weeks prior to the sitting of said Court
that any person or persons may then appear and shew cause, wh}'
the prayer thereof may not be granted —
* Voted that M'' Pierce, M'' Holmes, M'' Parker M'' N * 14-200
Hoit and M'' Badger with such of the Honb' Senate as
they may join be a Committee to consider of a Letter tVom Joseph
Gilman Esq'' and papers accompanying the same & report
thereon —
Adjourned to Monda}- next at 3 o'Clock P. M
MONDAY June 6'" 1791 —
The House met according to adjournment
Upon reading and considering the Petition of Josiah Hastings
praying for the priviledge of a ferry over Connecticut river,
voted that the Petitioner be heard thereon before the General
Court on the Second Thursdaj- of the next session and that in
the mean time the Petitioner cause that the Substance of the
Petition and order of Court thereon be published three weeks
Successively in one of the New Hampshire news papers six weeks
prior to the sitting of said Court also posted up in some public
place in the Town of Chesterfield the Same term of time that any
person or persons maj- then appear and shew cause why the
prayer thereof ma}- not be granted —
Voted that M'' N Hoit M'' Foster and M'' Gains with such of the
Honb' Senate as thej- ma}- join be a Committee to consider of the
Petition and Memorial of Benjamin Heath and report thereon —
I'oted that M'' Bettan, M"' Parker & W J Duncan be a Commit-
tee to consider of the Petition of Joseph Eaton Kiniston and report
thereon —
Upon reading and considering the Petition of Jaasiel Herriman
voted that the Petitioner be heard thereon before the General
Court on the Second Wednesday of their next session and that in
the mean time the Petitioner cause that the substance of the Peti-
tion and order of Court thereon be published in two of the New
Hampshire News papers three weeks Successively six weeks
prior to the sitting of said Court that any person or persons may
then appear and shew cause why the prayer thereof may not be
granted —
324 NEW HAMPSHIRE EARLY STATE PAPERS. [^VPI
* 14-201 "* Voted that M'' Foster, M'' Pierce, M'' Badger, AP
How, AF Warner, M'' Flanders, M'' Whitcomb, M''
Kimball AP Young & M'' Gould with such of the Honb Senate
as they may join be a Committee to take under consideration a
Bill describing the lines of the Several Counties in this state and
report thereon.
Upon reading and considering the Petition of the Select men of
Ossipee voted that the Petitioners be heard thereon before the
General Court on the Second Wednesday of their next session
and that in the mean time the Petitioners cause that the Substance
of the Petition and order of Court thereon be published in the
New Hampshire Gazzette three weeks Successively six weeks
prior to the sitting of said Court that any person or persons may
then appear and shew cause (if any they have) why the prayer
thereof may not be granted —
Upon reading and considering the Petition of the Inhabitants
of Shelburne and Chatham and the locations between Conway
and Shelburne — Voted that the Petitioners be heard thereon
before the General Court on the Second Wednesday of the next
Session and that in the mean time the Petitioners cause that the
Substance of the Petition and order of Court thereon be pub-
lished three weeks Successively in the New Hampshire Gazzette
Six weeks prior to the sitting of said Court that any person or
persons may then appear and shew cause (if any they have) why
the praj'er thereof may not be granted —
The Honb' Senate and House being again met in the Assembly
Chamber agreably to adjournment voted to adjourn the Elections
until to morrow 3 oClock P. M —
Voted that AP Macgregore, M'' Gains, AP Connor AP Foster
and M'' Penniman with such- of the Honb' Senate as they may
join be a Committee to take under consideration the Assumption
of the state debts as assumed by the Act of the late Congress of
the United states and report such necessary measures as they
may judge proper in order to procure a Sum more proportionable
to our expenditures and exertions during the late war —
Adjourned to 8 o'Clock to morrow morning —
•14-202 "TUESDAY June 7'" 1791
The House met according to adjournment
A vote came down from the Honb' Senate appointing M'' Pea-
body, AP' Page & AP Dow with such of the Honb' House as they
may join a Committee to report the measures necessary to be
1791] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 325
adopted to carry into effect that part of the Constitution of this
state directing a Convention to be called for a Revision of the
Same — was read and concurred and M'' Gains, M'' How M" J
Duncan, M'' Stiles & M'' Freeman joined —
J'o/ed that M'' Bettan, M"' Whitcomb and M' Emerson be a
Committee to consider of the Petition of Daniel Bayley and report
thereon —
The Committee on the Letters from Joseph Oilman Esq' &c
reported that the Sum of Eighty nine pounds one shilling and ten
pence be allowed the said Gilman in full of all accounts and
Demands he has against the state and that on receiving the Same
said Gilman or his Attorney shall execute a discharge accord-
ingly — which report being read and considered ro/frt' that it be
received and accepted and that the President give order for said
Sum accordingly —
Upon reading and considering the Petition of the select men of the
Town of Dorchester — voicd that the Petitioners be heard thereon
before the General Court on the second Tuesday of the next
Session and that in the mean time the Petitioners cause that the
Substance of the Petition and order of Court thereon be published
three weeks Successivel}' in the New Hampshire Gazzette Six
weeks prior to the sitting of said Court that Any person or per-
sons mav then appear and shew cause why the praj-er thereof may
not be granted —
J'o/cd that INP Payne M'' Freeman & INP N Hoit with such of
the Honb' Senate as they may join be a Committee to consider of
the Petition of the Select men of Hopkinton and report thereon —
J'o^ed that M' Tasker, M'' Young & M' Payne with such of
the Honb' Senate as the}' maj' join be a Committee
*to consider of the Petition of Samuel Smith and others * 14-203
& report thereon —
I'o^cd that ]NP N Hoit M'' Barrett AP Parker, ]\P Payne and INI''
Harper be a Committee to take into consideration the propriety of
passing a Resolve directing the Treasurer to receive money in lieu
of Certificates and Indents for the outstanding Taxes at certain
rates as the House shall agree —
J'oicd that W Bettan JNl'' Simpson & M'' Stiles with such of the
Honb' Senate as the}' may join be a Committee to consider of the
Petition of the Inhabitants of Jaffrey and report thereon —
Upon reading and considering the Petition of Robert Lewis
Fowle z'o/cd that it appears the said Robert L Fowle kept a print-
ing office at Exeter and carried on the printing business there b}'
326 NEW HAMPSHIRE EARLY STATE PAPERS. [^791
publishing a public news paper and printing Acts Laws and other
papers for this State, That he left this state in the year 1777 and
that agreable to the confiscating Act this state took possession of
his printing materials books &c and that it does not appear any
part thereof has been restored to him —
The Committee to draught an answer to his Excellenc}''s mes-
sage reported the following —
May it please your Excellency
The Senate and House of Representatives congratulate your
Excellency that the Sutfrages of a free people have placed you in
the chair of Government — Your constant attachment for so many
years past to the concerns and best interests of the State affords us
the strongest assurance that the first object of your attention is the
prosperity and happiness of the people —
With particular satisfaction we receive your Excellency's mes-
sage to both houses, communicating to us the pleasing state of our
public affairs, which afibrds us a fresh proof of the solidity of the
foundation on which they rest and of the happj' conse-
* 14-204 quences that have resulted from the troubles * and diffi-
culties which we have had to contend with in years past —
The diminution of direct taxes, the increase of our agriculture
and manufactures, and the expectation that our commerce and
fishery will be in an eligible situation all agree to inspire us with
the auspicious prospect that joined with our own endeavours, we
shall enjoy ease prosperity and freedom both civil and religious —
We agree with your Excellency that as the citizens of this state
have had a full share in the burthens and exertions that have
produced its freedom and independance, they are tlierefore justly
intitled to all the benefits and advantages resulting therefrom —
We shall renew our attention to complete the revision of the
state Laws, and to such other objects as may be worthy of our
deliberations — The time for the revision of the constitution being
now at hand we shall readih' concur with your excellency in mak-
ing the necessary arrangements
We trust in all public concerns, unanimity & harmon}- candor
and liberality of Sentiment will prevail amongst us and the people
at large and that b}' the blessing of heaven our motives and aim
may be directed to that desirable end the public good, and in your
co-operation we are sure of a resource which strengthens our
hopes and will justify the confidence which the citizens of this state
have so unanimously placed in you —
which report was read and considered received and accepted —
Adjourned to 3 o'Clock P. M —
I791] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 327
Met accordingly
Voted that Nathanael Oilman, Nathanael Rogers & Supply
Clap Esquires be a Committee to settle the accounts between this
state and M'' Gardner the late Treasurer thereof and report thereon
at the next Session of this Court —
* The Honb' John Taylor Oilman Esq'' having mani- * 14-205
fested his acceptance of the Office of Treasurer occa-
sioned a vacancy in the Honb' Senate —
The Honb' Senate and House being again met in the Assembly
chamber agreably to adjournment proceeded to the choice of a
Senator and the Honb' Abiel Foster Esq'' was elected.
The Elections were then adjourned without day
Voted that M' Oains M'' E Smith and M' Ba'dger be a Com-
mittee to receive from the Honb' John T Oilman Esq'' a Bond for
the faithful discharge of his office as Treasurer and lay the Same
before this House —
Resolved that the Honb' Jeremiah Smith Esq'' be and he hereby
is appointed a Commissioner together with the Honb' Sanford
Kingsbury and James iMacgregore Esquires two of the Commis-
sioners appointed b}- a Resolution of the Oeneral Court of the 14"'
of Feb'' last to make out all the claims which this state have against
the United states and which have not been made out heretofore —
And all the powers given the Commissioners in and by said
Resolution is hereby given them
That they deliver over on or before the last day of this instant
June to Some one or more of the Commissioners appointed by the
United states to adjust the claims of the Several States all such
claims of this state as have not been heretofore delivered them —
That said Commissioners collect all the Laws Resoludons and
votes of the Legislature orders of the Committee of Safety and all
other vouchers which are necessary to support the claims which
have been or may be exhibited before the said last day of June
and forward the same to the Commissioners of the United states —
That tor this purpose the time limited for transacting said busi-
ness be and hereby is extended until the next session of the
Oeneral Court, and said Commissioners are hereby impowered to
appoint such Clerk or Clerks as they may find necessary for
transacting the business of their appointment —
\^oted that William Oardner Esq'' late Treasurer of
this * State deliver over to John Taylor Oilman Esq'' pre- * 14-206
sent Treasurer all such monies public Securities Bonds
and other papers as may be delivered over prior to the settlement
328 NEW HAMPSHIRE EARLY STATE PAPERS. [^791
of his Accounts that he take said Gihnans receipt to be account-
able to the state for the Same and debit the state therewith —
Voted that M'' Page, M' Connor, M' Stiles M'' Leavitt and M''
Macgregore be a Committee to consider of a Bill presented
respecting New Castle Lottery also of a Petition from the mana-
gers of said Lottery and vole of the Town of Portsmoutli and
report thereon —
The vote appointing a Committee to settle the accounts between
this state and Isl' Gardner the late Treasurer thereof came down
from the Honb' Senate for the following amendment (viz) " That
said Committee be also impowered to receive from William Gard-
ner Esq'' late Treasurer all public monies books and papers of ever}-
kind in his Custody and belonging to the said Treasury Office
giving him proper certificates therefor and to deliver over all such
monies books and papers to John T Gilman Esq"' Treasurer of this
state taking from him duplicate receipts therefor to be accountable
to the state one set of said receipts to be delivered to the Secretar}-
of said state and deposited in the Secretarj-s Office the other set to
be delivered to the comptroller of accounts and deposit in his
Office — which amendment was read and concurred —
Voted that AP Connor M'' Duncan M'' Jn^ Smith, M"' Warner
and M'' McMillan with such of the Honb' Senate as they may join
be a Committee to consider of the Petition of James Moor and others
Inhabitants of Windham and report thereon —
Voted that M'' Emerson M'' Wallace & M'' N Hoit M'' Simpson
and Ar Parker be a Committee to take under Consideration a
number of Petitions praying for Lotteries & report to this House —
]^oted that M'' E Srnith, M'' Allen M' Barrett, M'' Whitcomb
[White] and M'' Bedee be a Committee to consider of
* 14-207 the Petition * of William Vans and report thereon —
Upon reading and considering the Petition of Thomas
Adams — ]^ofed that the Judge of Probate for the County of Chesh-
ire be impowered if he shall think proper upon duh' considering
all circumstances respecting the Estate of Daniel Adams to grant a
license to the said Thomas Adams to sell all the real estate of said
Testator proceeding as the Law directs in granting license to sell
real Estate for the purpose of paj'ing debts and that he take suffi-
cient bond of the said Thomas to account for the avails of said sale
agreabh' to the Testators will and that the Petitioner have leave
to bring in a Bill accordingly —
Adjourned to S o'Clock to morrow morning —
1791] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 329
WEDNESDAY June S'" 1791
The House met according to adjournment
Voted that M' N Hoit M'' Tasker & M'' Allen be a Committee
to consider of the account of Josiah Nelson and report thereon —
\^otcd that M'' Macgregore be added to the Committee on the
Bill for describing Count}' lines in the room and Stead of M'' Fos-
ter who is removed to the Honb' Senate —
Voted that M'' Eastman, M'' Flanders, M'' Hoit, M'' Shepherd
and M' Waldron be a Committee to consider of the Petition of
Isaac Baldwin and report thereon —
Vdcd that M'' Warner, AP Jabez Smith, M'' Bedee M'' Kellie &
M'' Abbott with such of the Honb' Senate as they mav join be a
Committee to consider of the Petition of Jonathan Gove Esq" and
report thereon —
Voted that M'' Pierce M'' Leavitt, M'' March M'' Barrett and M''
Waldron be a Committee to consider of the Petition of Thomas &
George Odiorne and report thereon —
Voted that M'' Cilley, M'' Carr & M'' Stiles be a Committee to con-
sider of the Petition of Elisha Ellis and report thereon —
* An Act prescribing the dutj' and directing the mode * 14-20S
of choosing Registers of Deeds and County Treasurers,
was read a third time and passed to be Enacted —
An Act to alter the time of holding the Annual meeting in the
Town of Protectworth, was read a third time and passed to be
Enacted —
Voted that INP Paj-ne M'' Young & M'' J Duncan with such of
the Honb' Senate as the}- may join be a Committee to consider of
the Petition of Walter Geer and report thereon —
An Act regulating licensed houses, was read a third time and
passed to be Enacted —
Upon reading and considering the Petition of Elisabeth Curtis,
voted that the prayer thereof be granted and that the Petitioner
have leave to bring in a Bill accordingly — at this or the next
Session —
Voted that M'' Gains M'' Young & M'' Whitcomb be a Commit-
tee to consider of the Account of Eliphalet Ladd & of all printers
accounts that may be exhibited the present session and report
thereon —
Voted that the Account of Joshua Wingate Esq'' amounting to
one pound Sixteen shillings be allowed and paid out of the Treas-
ury by order of the President —
330 -NEW HAMPSHIRE EARLY STATE PAPERS. [179^
Upon reading and considering tlie Petition of the Inhabitants of
the Town of Washington voted that the Petidoners be heard
thereon before the General Court on the Second Wednesday of the
next Session and that in the mean time the Petitioners cause that
the Substance of the Pedtion and order of Court thereon be pub-
lislied three weeks Successively in the New Hampshire Gazzette
six weeks prior to the sitting of said Court that any person or per-
sons may then appear and shew cause (if any they have) why the
prayer thereof may not be granted —
Voted that the Bond presented by the Committee Signed by
John Tajdor Gilman, Jabez Smith and Benjamin Connor Jun'' for
the faithful performance of the duties incumbent on the
* 14-209 * said John Taylor Gilman Esq"' as Treasurer of this
State is fully satisfactory to this House —
The Committee on the Petition of James Moor and others Inhab-
itants of the Town of Wyndham Reported as their Opinion that
the prayer thereof be so far granted as that there be a Committee
appointed b}' this Court at the Expense of the Petidoners to view
the Situation of the Inhabitants of Wyndham and report their
Opinion to this Court relative to the Situadon of the meedng House
in said Town — which report being read and considered voted that
it be received and accepted and that Robert Wallace Esq'' Maj''
Daniel Warner and Docf Benjamin Page be a Committee for that
purpose and that they report thereon at the next Session of the
General Court
Adjourned to 3 o'Clock P. M —
Met accordingly —
The Committee on the Pedtion of Benjamin Heath reported that
having considered the facts stated in said Heaths Petition and such
evidence as hath been laid before them in Support of the Same are
fully of Opinion that the Instrument purpordng to be an order
drawn by said Heath requesting the Treasurer to pay his wages to
Daniel Cook was forged and that the said Heath's wages were
received by virtue of said order and that said Heath hath never
received his wages himself And that said Heath out to receive out
of the Treasury of this state the Sums due to him by the Rolls for
depreciadon interest &c and that an order be passed accordingly —
Also that the Attorney General be directed to prosecute said Daniel
Cook for said forgery — Which report being read and considered
voted that it be received & accepted —
Voted that M' N Hoit, M' Holmes, M"' Carr, M'' Freeman and
M'' Rand with such of the Honb Senate as they may join be a
jgi] JOURNAL OF THE HOUSE OF REPRESENTATIVES.
331
Committee to consider of a Letter I'rom the Honb' Nicholas Gil-
man Esq'' also of the Petition of all Invalids that may be prefered
during the present Session and report thereon —
Voh-d that M'' Leavitt, M'' Whitcomb, M'' Pierce, M'' Young &
M'' Cliftbrd with such of the Honb' Senate as they may join be a
Committee to consider of the Petition of James Adams & report
thereon —
* The following vote came down from the Honb' * 14-210
Senate for Concurrence —
In Senate June 8"' 1791 —
J'o/cd that INI'' Peabody M'' Sheafe & M'' Dow with such of the
Honb' House as they may join be a Committee to wait on his
Excellency the President and present him with an answer to his
late message, which was read and concurred & M'' Plummer, M''
Pierce, M'' Warner, M'' Crawford & M' How joined
Upon reading and considering the Petition of William Cargill
praying to be restored to a Seat in this House — after hearing
the evidence bj^ him produced, motion was made that the vote of
the Second of June Instant excluding the said Cargill from a seat
be reconsidered — On which motion the yeas and nays were called
and are as follows (viz) —
Yeas. Yeas.
M'' Darling M"" Nichol.s
M'" Flanders M' Crawford
-M'- Temple M'' E Hoit
M'' Allen M'' Freeman
W-' Bingham M'' Payne
M'' Penniman M'' Tarlton
iW Kimball M'' Simpson
.Ml' S Duncan .M'' Young
Nays. Nays.
M'- Tasker Mi- Whitcomb
AP' Chamberlain Mi' Parker
.M'' McMillan AP' Alexander
Ml' Alartin AP' AI Smith
AP' D Emerson AP' Rand
AP- Clark AP' Holmes
Ap- Wallace AP' Griffin
AP' Gerrish AP' Stone
AP' Shepherd AP' Gould
AP' Stiles AP' Norris
Yeas.
AP' Alacgregore
AP' D Page
AP' Weeks
AP' Cillev
AP- Clark
AP' Tibbetts
AP' Kno.x
AP Bettan
Yeas.
AP' Waldron
AP' Harper
AP' Tash
AP' Warner
AP' Abbott
AP' Gregg
AP' Jn" Smith
AP' J Duncan
Nays.
AP' Jon^ Smith
AP' Will Duncan
AP' N Emerson
AP' Godfrey
AP' T Page
AP' Kellie
Ap- Carr
AP' Badger
AP' Bedee
AP' X Hoit
AP' Gains
Ap- Pierce
AP' Connor
AP' Leavitt
Ap- Dodi;e
AP' Wii;sin
AP' Clitfoi'd
AP' Currier
AP' Jabz Smith
AP' Plummer
AP' Alarch
32 Yeas — 41 Naj's — So it was not reconsidered —
The Committee on the Petition of Thomas Odiorne and George
Odiorne Reported that there be granted and paid out of the Treas-
33-
NEW HAMPSHIRE EARLY STATE PAPERS.
[179I
uiy of this State a. bounty of Seven Shillings tor every piece of
Topsail duck or other stouter sail Cloth which shall be here-
after manufactured within this state being twent3Mbur
* 14-21 1 * inches in breadth and thirty nine yards long and that
the Commissary General be and hereby is appointed an
agent who is authorized to appoint one or more agents under him
to inspect the same who on application of any manufacturer of
Duck or sail cloth within this state attended with a Certificate from
the Select men of the Town where the said manufacturer resides of
his being bona tide the manufacturer of the said Duck or sail cloth
or that the Same was manufactured by some person or persons
acting for or under him — shall proceed to inspect the Same and
if found good and merchantable as aforesaid shall give a Certifi-
cate thereof to the person applj-ing as aforesaid which certificate
shall entitle the person presenting it to the bount}- above men-
tioned — which bounty shall continue and be in force until further
order of the General Court and that the President with advice of
Council shall give order for pa_yment of the bounty on the proper
Certificate being produced — On reading and considering the fore-
going report — motion was made to accept the Same on which
motion the Yeas and na3's were called and are as follows, (viz)
Yeas. Yeas. Ye.is. Yeas.
M'' Gains
Mr Pierce
M" Connor
Mr Macgregore
Mf B Page
M^ Weeks
M'' Leavitt
M-- Dodge
M>' Wiggin
M-- Clift"ord
M'- Jabz Smitli
Nays.
M'' Currier
M-- Cilley
M"- Tibbets
M"- Foster
M"" Jon-' Smith
M'' Duncan
Mr Knox
Mf Plummer
M'- Marcli
M'- Clark
M'' N Emerson
Ml- Bettan
iM>- Kellie
Ml- Can-
Mr Howe
M'- Waldron
.M'' Harper
M'- Badger
Nays.
M'- Godfrey
M'- T Page
M'- Tash"
M'' D Emerson
M'- P. Clark
M>- Wallace
M'- Darling
M'- E Smith
.M'- Bedee
M'- Tasker
M'- Chamberlain
Mr .M^-.Millan
Mr Martin
Mr Warner
.Ap- Barrett
AP- Abbott
Mr Gregg
Mr Jn" Sr
Nays.
Mr Shepherd
Mr Stiles
Mr Whitcomb
.Mr Alexander
JP- Allen
Ap- Penniman
lith
Mr J Duncan
lAp- Temple
Mr M Smith
Mr Rand
Mr Bingham
i\P Holmes
Mr Griffin
Mr S Duncan
ftp- Freeman
Mr Simpson
Ap- Young
Nays.
Mr Stone
Mr Gould
Mr Crawford
Mr E Hovt
ftp- Payne
Mr Norris
44 Yeas — 26 Nays — so it was Accepted —
Voled that M'' Gains. M'' N Hoit & M' Weeks be a Committee
to consider of the Petition of Thomas Siiiipson & report thereon —
I791] JOURNAL OF TME HOUSE OF REPRESENTATIVES.
333
*The Committee on the Petition of William Vans & * 14-212
others Reported that the time for the proprietors of
Erroll Sz Millsiield to compleat the Settlement of said Towns be
eight 3-ears provided they settle thirty families in each of said
Towns within five years and compleat the remainder of the settle-
ments of said Town agreable to the Charter thereof within eight
years from the date hereof and pay to this state one hundred
pounds to be expended in the making roads through the unlocated
lands between the Towns of Conway and Shelburne as the Gen-
eral Court shall order — which report being read and considered
voicd that it be received and accepted —
Adjourned to 8 o'Clock — to morrow morning
THURSDAY June 9"' 1791.
The House met according to adjournment
Vo/cd that M'' Payne, AP Macgregore, AP Waldron, M"' Gains
and AP Tarlton with such of the Honb' Senate as they may join
be a Committee to consider of the Petition of Daniel Bayle}^ and
report thereon —
The Committee to take into consideration the propriety of pass-
ing a Resolve directing the Treasurer to receive money in lieu of
Indents and Cerdficates for the outstanding Taxes at such rate as
the General Court [house] shall agree — Reported that the Treas-
urer be directed to receive Seven Shillings in Specie in lieu of
twenty shillings on the outstanding taxes now payable in Indents
or state Certificates and that a Resolve be brought in accordingh'.
On the foregoing report the yeas and nays were called whether
the Same should be accepted and were as follows — (viz)
Yeas.
Yea,s.
Yeas.
Yeas.
Mr Pierce
Mr
■How
Mr Jn" Smith
.Mr
S Duncan
Mr Macgiegore
Ml
• Waldron
Mr Darling
Ml
Nicols
M>- B Page
M«
■ Harper
.Mr Flanders
.Ml
Gould
Mr Currier
M'
■ N Hoit
.Mr Stiles
.Mr
■ Crawford
Ml- Cilley
Ml
■ Tash
Mr Parker
.Ml
■ Pavne
m Tibbets
Ml
• Cliamberlain
Mr Temple
.Ml
■ .\orris
Mr Jon" Smith
Ml
■ M^-Millan
Mr Rand
.Ml
• Hutchens
Mr Knox
Ml
■ Martin
.Mr Holmes
Ml
■ Tarlton
Mv N Emerson
Ml
■ Warner
Mr Stone
.Ml
' Simpson
AK Kellie
Ml
■ P Clark
Mr Kimball
M'
■ Young
Mr Carr
Ml
■ Gregg
-Nays.
Nays.
Nays.
Xays. *l4-2:
13
Mr Gain.s
.Ml
■ Week.s
.Mr Dod-e
.M'
■ Clifford
Mr Connor
Ml
• Leavitt
.Mr Wigsin
.Mr
■ Jabz Smith
334
NEW HAMPSHIRE EARLY STATE PAPERS.
[179I
Nays.
M^ Plummer
M"- March
M-- Clark
Mr Duncan
M>' Godfrey
Mr T Page
Mr Betlan
Nays.
M'- Badger
M'- E Smith
M'' Bedee
M'' Tasker
Mr Emerson
M'' Barrett
M>' Abbott
N.iys.
Ml' Jn'^' Duncan
M'- Wallace
I\I>' Gerrish
M>' Shepherd
Mr Whitcomb
Ml' Alexander
M'' M Smith
Nays.
Mr Allen
Mr Bingham
Mr Penniman
Mr Griffin
Mr E Hoyt
i\[r Freeman
42 Yeas — 35 Na^-s — so the report was accepted
The Committee on the Petition of Isaac Baldwin reported that
the Petitioner have and receive Twent}- pounds from the Treasury
of this State and that the President give order accordingly — On
reading the foregoing report motion was made that it be received
and accepted on which Alotion the yeas and Nays were called and
are as follows — (viz)
Yeas.
Yeas.
Yeas.
Yeas.
Mr Pierce
Mr Bettan
Mr Barrett
Mr Temple
Mr Connor
Mr Carr
Mr Abbott
I\lr Griffin
Mr Macgregore
Mr Waldron
Mr Gregg
Mr S Duncan
Mr B Page
Mr Harper
Mr Jn" Smith
Mr Nicols
Mr Cilley
Mr N Holt
Mr J Duncan
Mr Freeman
Mr Clark
Mr Tash
Mr Wallace
iMr Payne
Mr Glidden
Mr Martin
Mr Gerrish
Mr Tarlton
Mr W Duncan
Mr D Emerson
Mr Flanders
Mr Young
Mr N Emerson
Mr Warner
Mr Parker
Nays.
Nays.
Nays.
Nays.
Mr Gains
Mr March
Mr P Clark
Mr Bingham
Mr Weeks
Mr Kno.x
Mr Darling
Mr Holmes
Mr Leavitt
Mr Godfrey
Mr Stiles
I\lr Penniman
Mr Dodge
Mr T Page
Mr Whitcomb
Mr Stone
Mr Wiggin
Mr Kellie
Mr Ale.xander
Mr Gould
Mr Clifford
Mr Badger
Mr M Smith
Mr Crawford
Mr Currier
Mr E Smith
Mr Rand
Mr E Hovt
Mr Jabz Smith
Mr Bedee
Mr Allen
Mr Xorris
.Mr Plunimer
Mr Chamberlain
35 Yeas — 34 Nays — so it was accepted —
Upon reading and considering the Petition of Samuel Smith and
others and the report of a Committee thereon — ro/cd that the
Petitioner be heard thereon before the General Court on the third
Thursday of the next Session and that in the mean time the Peti-
tioner cause that the Petitionee be served with a Copy of the
Petition and order of Court thereon Six weeks prior to
* 14-214 the sitting * of said Court, that he ma}^ then appear and
shew cause (if any he hath) why the prayer thereof
may not be granted —
1791] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 335
An Act regulating the Office of Coroner, was read a third time
and passed to be Enacted —
An Act to prevent fraud in Cord Wood exposed to sale, was
read a third time and passed to be Enacted —
\'otcd that M' Gains, M'' Connor & M'' Penniman with such of
the Honb' Senate as they ma}- join be a Committee to consider of
the Petition of James & John M'Masters & report thereon —
Upon reading and considering the Pedtion of the Inhabitants of
the Westerh' half of the Town of Boscawen praying to be set oft"
as a distinct Town — voted that the Petitioners h& heard thereon
before the General Court on the Second Tuesday of the next
Session and that in the mean time the Petitioners cause that the
Select men of Boscawen be served with a Copv of the Petition and
order of Court thereon six weeks prior to the sitting of said Court
that they ma}- then appear and shew cause if any they have why
the prayer thereof may not be granted —
Voted that INP Penniman, M'' Nicols & M'' Bingham with such
of the Honb' Senate as they ma}' join be a Committee to consider
of the Pedtion of Susanna Hazeltine and report thereon —
Adjourned to 3 o'Clock P. RI —
Met accordingl}- —
An Act for recording proceedings before the Justices of the
Peace and for preserving such records — was read a third time
and passed to be Enacted —
Agreably to the order of the day proceeded to a hearing on
Petitions —
Upon hearing and considering the Petition of the select men of
Thornton — voted that one penny '^'' Acre be laid on each first
division lot and also that Sixteen shillings & eight pence be laid
on each second division lot that may be laid out within six
months and if not so laid out that said sixteen * shillings * 14-215
and eight pence shall be laid and assessed on the Com-
mon land now belonging to each right for three years next ensu-
ing and that a Bill be brought in for that purpose —
Upon reading and considering the Petition of the Select men of
Campton — voted that the prayer thereof be granted and that they
have leave to bring in a Bill accordingly —
Resolved that the Treasurer of this State be directed to call on
the Continental Loan Officer from time to time for the Interest
which already has or may hereafter become due upon the Conti-
nental Securities lunded by his Excellencv Josiah Bartlett Esquire
for the Benefit of this State and that he pass to the Credit of this
336 NEW HAMPSHIRE EARLY STATE PAPERS. [l79I
State the money or monies which upon such application he may
receive —
Voted that M'' Freeman, M'' Payne, M'" Badger, M'' Parker and
M' Connor with such of the Honb' Senate as they may join be a
Committee to take into consideration the propriety of this states
becoming a Subscriber to the Bank of the United states & report
thereon —
Voted that M"' Young, M'' Badger, M'' Jn° Smith, AP Parker
and AP Allen with such of the Honb' Senate as the}- may join be
a Committee to consider of the Petitions of Peter Cushing and
Bradbury Cilley Esq'' and report thereon —
Adjourned to 8 oClock to morrow morning
FRIDAY June io"> 1791.
The House met according to Adjournment
looted that A'P Cille3s AP Stiles & AP Alacgregore be a Com-
mittee to consider of the Petition of Levi French and report
thereon —
]'oied that Al"^ Barrett, M'' Parker & M"^ Connor with such of
the Honb' Senate as they may join be a Committee to report what
allowance shall be made to the citizens who hold the Treasurers
receipts for Continental money turned in the Sums being less than
will endtle them to draw notes &c and report thereon —
An Act for regulating of Swine, was read a third time and
passed to be Enacted —
* 14-216 * An Act to enable the Judge of Probate for the County
of Cheshire to grant license to sell the whole of the real
estate of Daniel Adams late of Fitz William — was read a third
time and passed to be Enacted —
An Act altering the time of holding the Annual meeting in
Aloultonborough — was read a third time and passed to be
Enacted —
]'otcd that AP Connor, M"' Barrett, M'' AI Smith, AP' N Hoit
and AP Wallace with such of the Honb' Senate as they may join
be a Committee to consider of the Petition of Joshua Heatli and
report thereon —
J'otcd that the hearing on the Petition of Stephen Harford which
was to have been Yesterda}' before the General Court be postponed
to the Second Thursday of their next Session and that in the mean
time the Pedtioner cause that the Substance of the Pedtion and
order of Court thereon be delivered to Thomas Shannon the Peti-
[] JOURNAL OF THE HOUSE OF REPRESENTATIVES.
337
tionee six weeks prior to the sitting of said Court that he may
then appear and shew cause why the praj-er thereof should not be
granted —
Adjourned to 3 o'Ciock P. M —
Met accordingly —
The Committee appointed by the General Court at their Session
in Jan'' 1791 to consider of the Petition of the Inhabitants of the
Northwest part of Lyndborough having viewed the Situation of
all the pardes concerned in said Petition and fully heard them
thereupon. Reported that a Town be Incorporated with the Same
limits and boundaries as reported by the Committee appointed in
June 1790 a Cop}' of which is inclosed — Signed Timothy Farrar,
James Underwood, Jeremiah Page, which report being read and
Considered — motion was made that it be received and Accepted,
On which motion the Yeas and nays were called and are
lows — (viz)
fol-
Ye.-\s.
Mr Gains
Mr Pierce
Mr iVIacgregore
* Mr Barrett
Mr Abbott
Mr Gregg
Mr Jn" Smith
Mr J Duncan
Mr Clitl'ord
Nays.
iMr Connor
Mr B Page
Mr Weeks
Mr Leavitt
.Mr Dodge
Mr Wiggin
Mr Jabz Smith
Mr Plummer
.Mr Cillev
.Mr Tibbets
Mr N Emerson
Mr Wallace
Mr Gerrish
.Mr Shepherd
Mr .-Mexander
Mr Temple
Mr Bettan
N.iys.
.Mr March
Mr Jon^ Smith
Mr Godfrey
Mr T Page
Mr Carr
.Mr How
Mr Waldron
.Mr Badger
.Mr E Sniith
Yeas.
.Mr Kellie
.Mr N Hoit
Mr Allen
Mr Penniman
Mr Kimball
Mr S Duncan
.Mr Nicols
.Mr Tasker
Mr Bedee
.Mr Tash
.Mr Chamberlain
.Mr Warner
Mr Darling
.Mr Stiles
.Mr Whitcomb
Mr Parker
.Mr .M Smith
Yeas.
.Mr Martin
.Mr D Emerson
Mr Gould
Mr Crawford *l
Mr E Hovt
Mr Payne
Mr Tarlton
Mr Simpson
Nays.
Mr Rand
.Mr Bingham
.Mr Holmes
.Mr Griffin
.Mr Stone
.\lr Freeman
Mr Norris
.Mr Hutchens
.Mr Young
TiS Yeas — 36 Nays — so it was negatived, it was then vofcd
that it be accepted with this exception that the persons living
in said Addition and whose names are contained in the Remon-
strance &c be at liberty to Poll off to Lyndborough at anv time
with in twelve months, and that a Bill be brought in accordingly —
A vote came down from the Honb' Senate appointing M'Toppan,
M'' Rogers & M' Dow with such of the Honb' House as thev mav
338
NEW HAMPSHIRE EARLY STATE PAPERS.
[179I
join a Committee to take under consideration a Bill for regulat-
ing of Swine and report such alterations as they may think
necessary — which vote was read and concurred and M"' Rand,
M'- Bedee, M^ E Smith, M'' Gains & M' Parker join",
J''oUd that the Honb' Nathanael Rogers, Christopher Toppan
and Joseph Badger Esquires be and hereby are appointed a Com-
mittee to take into consideration in the recess of the General Court
the Petitions of Bradbury Ciller and Peter Cushing presented
to the General Court at this Session for an abatement upon their
excise Bonds — The expence of the Committee to be paid by the
Petitioners and that said Committee report thereon at the next
Session of the General Court — which report shall be final and
conclusive between this state and the Petitioners — said Petitioners
having agreed thereto —
The yeas and Nays were called on the foregoing vote & are as
follows (viz)
•14-218 *Yeas.
M"^ Pierce
M"' Connor
Mr Macgregore
Mr B Pao;e
M" Weeks
M"- Leavitt
Mr Dodge
M'' Wiggin
M'- Clifford
M"" Currier
Mr Jabz Smith
Mr Plummer
M"" March
Nays.
Mr T Page
M' Bettan
M>- Kellie
M-- M.irtin
Ml- Clark
M"- Glidden
M"- Jon'» Smith
Mr W Duncan
Mr Knox
M'- Godfrey
M'' Carr
Mr Waldron
Mr Harper
Mr E Smith
.Air Bedee
Mr N Hoit
Mr Tasker
Nays.
Mr Darling
Mr Shepherd
Mr Whitcomb
i\lr Parker
Yeas.
Mr Tash
Mr Chamberlai
Mr .McMillan
Mr Warner
Mr Barrett
Mr Abbott
Mr Clark
.Mr Gregg
Mr Wallace
Mr Gerrish
Mr Flanders
Mr Ale.xander
Mr Temple
Nays.
Mr M Smith
Mr Rand
Mr Allen
Mr Penniman
Mr Bingham
Mr Griffin
Mr Kimball
Mr S Duncan
Mr Nicols
Mr Gould
Mr E Hoyt
Mr Payne
Mr Xorris
Mr Tarlton
Mr Simpson
Mr Young
Nays.
Mr Stone
Mr Crawford
Mr Hutchens
51 Yeas — 15 Nays — so it passed in the affirmative
Agreably to the order of the da}' proceeded to a hearing on
Petitions —
Upon hearing and considering the Petition of the select men of
Rumney — voted that the praj-er thereof be granted & that the
Petitioners have leave to bring in a Bill accordingly
Adjourned to 8 o'Clock to morrow morning
1791] JOURNAL OF THK HOUSE OF REPRESENTATIVES. 339
SATURDAY June ii"> 1791 —
The House met according to adjournment
Unanimously Voted that his Excellency the President be
requested to forward to the Legislature of the United States by
the Representatives from this State the following Memorial of
said State and that the said Representatives be requested to lay
the Same before Congress and use their influence to obtain
redress —
To The Honorable the Senate and House of Representatives of
the United states of America —
The Memorial of the Legislature of the State of New Hamp-
shire with all due respect sheweth — That this state hath ever
been chearfully read}- according to its utmost ability to
* contribute its proportion by the supply of men and * 14-219
money during the war for the defence of the Country
and Establishment of Independance and freedom by means of
which war and the long & Strenuous exertions made by this state
a heavy debt in proportion to our property was Accumulated on
the state, this debt incurred for the Common defence and Safety
and in the common cause of our Country conformably to the
direction of Congress we expected would be finally adjusted and
equal justice done to this as well as to all other states by the state-
ment of the Accounts agreably to the Articles of the late Con-
federation, but the Obligations and Sums promised by the state
we considered the state alone responsible for to its creditors as we
concieved the other states were to theirs respectively — From this
perswasion the Legislature of this state have from time to time
during the War and Since laid very burthensome Taxes upon its
Citizens for paying not only the Interest but a large part of the
principal of the state debt, at the Same time practising the most
rigid Oeconomy in Expenditures for the supply of the civil Gov-
ernment of the State, and for their own particular defence — bj-
those means the state have extinguished a large part of their debt
and began to have the animating hope that in the Course of a few
years more our debt would be discharged and the citizens eased
of those heav}' burthens they had so long borne with exemplar}^
patience — From these circumstances it may well be supposed this
state were much disappointed at and received with general dis-
approbation and uneasiness that part of a late Act of Congress in
which it is proposed to Assume twent}' one million and five hun-
dred thousand Dollars of the debts of the Several states and in
340 NEW HAMPSHIRE EARLY STATE PAPERS. [^791
which provision is made for funding and paj-ing the Same, by
which measure an increased debt is brought on the General Gov-
ernment the necessity of an Increased revenue is Involved, and
probably a delay of the payment of the National debt will thereby
be occasioned, all which are evils in our Opinion to be avoided —
But still more Objectionable in our view and disgusting to the cit-
izens of New Hampshire is the Assumption of the state debts on
account of the ver}- unequal proportion there is between
* 14-220 the * quotas allowed to be assumed from the debts of
some states and those of others, on a view of the Sev-
eral requisitions made on the state by the Congress under the
Confederation whether for men or money it will appear that New
Hampshire was generally apportioned as about one twenty eighth
part of the Union — The proportion of her present Representa-
tion is nearly as one to twenty two, and this it is presumed will
not be found too great a proportion of which the number of the
House of Representatives of the United states is now composed,
when the Number of Inhabitants of all the states is ascertained : it
was not in the power of this state fully to compl}- with all the
requisitions made by Congress yet it will appear that of all the
Number of Soldiers furnished by the several States, the expence
consequent thereupon and the Actual payments made by all the
states in Consequence of the Requisitions of Congress this state
has furnished at least one Twentj^ eighth part, notwithstanding the
above proportions & supplies the Sum proposed to be assumed of
this state debt is less than one Seventieth part of the whole sum
proposed to be assumed far less in proportion than any other state
in the Union whether such state owed any debt contracted for the
common defence or not — This must devolve on the Citizens of
this state the burthen of pajing about Six hundred thousand
Dollars of the mass of Assumed debt, more than is assumed of
theirs calculating agreably to former requisitions of Congress —
And on the Supposition that the revenue arising from the Impost
and Excise or an}' other kind of General Tax (whether actually
collected in the state or in the Neighbouring states through which
a great part of our commerce passes) will actually be paid by the
consumers of dutied articles and that the citizens of New Hamp-
shire will consume of those articles in common with those of other
states in proportion to their numbers which probably will be the
case — In this view of the Assumption it cannot but appear \ery
unequal : and while there is a distinction made between
* 14-221 this state and every * other state in the union in the
1791] JOURNAL OF THE HOUSE OF REPRESENTATIVES.
341
smallness of its quota allowed to be assumed it appears to us
implicitly to criminate the state as the most delinquent in the
Union, which we are contident we deserve not, or else that equal
justice is not distributed tons — Wherefore as Guardians of the
rights and priviledges of the citizens of New Hampshire whom
we have the Honour to Represent, we conceive it our duty to
remonstrate against said Act so far as it respects the Assumption
of the state debts ; or if said Assumption must be carried into
etlect, to request that this state may have such addition made to
the Sum allowed to be assumed of its debt as shall place the citi-
zens of New Hampshire on an equalit}" with those of other states ;
at least equal to the smallest proportion allowed any other state
according to the census — or that the injuries and burthens we
complain of may be removed in such other way as 3'ou in your
wisdom and justice shall think fit —
Upon reading and considering the Petition of Levi French and
the report of a Committee thereon, voted that the Petitioners be
heard thereon before the General Court on the Second Thursday
of the next session and that in the mean time the petitioner cause
that the Petitionee be served with a Copy of the Petition and order
of Court thereon six weeks prior to the sitting of said Court that
he may then appear and shew cause (if any he hath) whj- the
prayer thereof may not be granted —
The Committee to whom was referred the Petitions for Lot-
teries reported in favour of the Same — which report being read
and considered motion was made to accept the same on which
motion the yeas and nays were called and are as follows (viz)
Yeas.
Yeas.
Yeas.
Yeas.
Mr Pierce
Mr Kno.x
Mr Duncan
Mr Penniman
M"- Connor
Mr VValdron
Mr Wallace
Mr Kimball
Mr Macsjregore
Mr Harper
Mr Darling
Mr Nicols
MrLeavitt'
Mr M^-Millan
Mr Gerrish
Mr Freeman
Mr Dods;e
Mr Warner
Mr Flanders
Mr Pavne
Mr Clifford
iMr Barrett
Mr Stiles
Mr Tarlton
Mr Cillev
Mr Abbott
Mr Temple
Mr Simpson
Mr Jon^''Smitli
Mr Clark
Mr M Smith
Mr Young
Mr \V Duncan
Mr Gregg
Mr Bingham
'Nays.
Nays.
Nays.
Nays. * 14-222
Mr Gain.s
Mr Plummer
Mr Kellie
Mr N Hoit
Mr 15 Page
Mr Tibbetts
Mr Carr
Mr Tasker
Mr Weeks
Mr Glidden
Mr How
Mr Tash
Mr Wisgin
Mr X Emerson
Mr Badger
Mr Chamberlain
Mr Currier
Mr Godfrev
Mr E Smith
Mr Jn" Smith
Mr Jabz Smith
Mr T Page
Mr Bedee
.Mr Shepherd
342
NEAV HAMPSHIRE EARLY STATE PAPERS.
[179I
Nays.
Nays.
Nays.
Nays.
M'
Whitcomb
M'
■ Allen
Ml'
■ S Duncan
Ml
• E Hoy
M'
■ Parker
Mr
Holmes
Ml'
■ Gould
Ml
' Xorris
■ Alexander
Rand
■ Griffin
■ Stone
Ml
■ Crawford
Ml
■ Hutche
35 Yeas — 38 Naj's — so it was negatived —
P'o/ed that M' Pierce M"^ Whitcomb, M"' Young, M' Allen and
M' Hoit with such of the Honb' Senate as they may join be a
Committee to consider what business is yet necessary to be done
at this Session, at what time and to what time and place this
Court shall be adjourned and report thereon, also report what
allowance shall be made to the Members of the Honb' Senate and
House of Representatives and their Officers for travel and attend-
ance the present Session —
Adjourned to Monday next at 3 o'Clock P. M
MONDAY June 13*" 1791
The House met according to adjournment
Read and debated on Several public and private Bills
The Bill for regulating licensed houses came down from the
Honb' Senate for two amendments, the tirst amendment was on the
clause which forbids any person (without being licensed therefor)
from selling spirituous liquors in a less quantit}^ than ten gallons
[one gallon] at one and the Same time — the proposed amendment
was that no person without being licensed therefor should sell spir-
ituous liquors in less quantity than one gallon at one and the same
time — On reading which proposed amendment motion was made
that the word "ten" be erased and the word "one" inserted on
which motion the yeas and Nays were called and are as follows —
(viz)—
Yeas.
Yeas.
Yeas.
Yeas.
Ml' Pierce
Mr C'ilTord
Mr Kno.\
Mr E Smith
Mr Leavitt
Mr Currier
Mr Kellie
Mr N Hoit
Ml- Dodge
Mr Eastman
Mr How
Mr Tasker
Ml- Wiggin
Mr Gliddcn
Mr Temple
Mr Gould
*. 4-333 *MrTashjj:s;Sj
Mr M Smith
Mr Kand
Mr E Hoit
Mr Freeman
Mr Chamberlain
Mr Gerrish
Mr Bingham
Mr Payne
Mr Martin
Mr Shepherd
Mr Penniman
Mr Hutchens
Mr Abbott
Mr Whitcomb
Mr S Duncan
Mr Simpson
Mr Clark
Mr Ale.xander
Mr Waldron
Mr Young
Mr Gregg
Mr Jon" Smith
[791] JOURNAL OF THE HOUSE OF REPRESENTATIVES.
343
Nays.
Nays.
Nays.
Nays.
M'
■ Gains
iM'
■ Plummer
M>-
■ Badger
M'
• Stiles
iM'
■ Connor
M'
■ March
Mr
M^-Millan
!\I>
■ Parker
Mt
■ .Macgregore
M'
■ \\'"' Duncan
M'
■ Warner
M"
■ Stone
M'
■ B Page
M'
■ Godfrey
.Ml-
Barrett
M'-
Crawford
M'
■ Weeks
Ml
■ liettan
Ml
• Jn" Smitli
W
■ Norris
.M>
■ Jabz Smith
M'
■ Carr
.M'-
Jn'J Duncan
M''
■ Tarlton
41 Yeas — 24 Na3's — so it passed in the affirmative
The other proposed amendment was for preventing a licensed
retailer from selling in a lesser quantity than one pint at any
time — On which proposed amendment the yeas and nays were
called and are as follows — (viz) —
Ml- Pierce
AK Connor
M'' Macgregore
M>- Wee^ks
-M"" Leavitt
Mr Dodge
.Mr Wiggin
.M'- March
Mr Tibbets
.M-- Kellie
Nays.
M'- Gains
.M'- Clifford
.Mr Currier
.M>- Ka.stman
-Mr Jabz Smith
.Mr Plummer
Ye.is.
Mr Carr
Mr How
Mr Waldron
Mr Badger
Mr E Smith
Mr N Hoit
Mr Tasker
Mr Tash
Mr Cliamberkiin
Mr M'^^Millan
Nays.
Mr W'" Duncan
Mr Knox
Mr Godfrey
Mr Bettan
.Mr Warner
Mr Jn" Smith
Yeas.
Mr Martin
Mr Barrett
.Mr Clark
Mr Wallace
Mr Parker
Mr .Alexander
Mr Temple
Mr M Smith
Mr Rand
Mr J Duncan
Mr Darling
Mr Gerrish
Mr Shepherd
.Mr Whitcomb
Mr Penniraan
Yeas.
Mr Bingham
Mr Griffin
Mr Nicols
Mr Freeman
Mr Payne
Mr Norris
Mr Tarlton
Mr Simpson
Mr Young
Nays.
.Mr Stone
Mr Duncan
Mr Gould
.Mr Crawford
.Mr E Hoit
Mr Hutchens
38 Yeas — 24 Nays — so it passed in the affirmative
Adjourned to 9 o'Clock to morrow morning
FRIDAY [TUESDAY] June 14'" 1791
The House met according to adjournment
i\n Act for the limitation of Actions & for the preventing
vexatious suits — was read a third time and passed to be En-
acted —
* An Act to incorporate the tirst or North Parish in * 14-224
the Town of Portsmouth, was read a third time and
passed to be Enacted —
The following resolve came down from the Honb' Senate for
Concurrence —
344 ^E"' HAMPSHIRE EARLY STATE PAPERS. [179^
In Senate June lo'" 1791 —
Hesoh'cd that the Registers of Deeds in the Several Counties
of this State be and hereby are directed to make out a general
Index referring to Deeds, which Index shall be in one large folio
volume of a size that will admit of a large number of Additional
names which shall be added as often as Deeds are Recorded —
The Index shall contain two lists one to consist of the Names of
the Grantors to the Grantees, the other to consist of the Names of
the Grantees from the Grantors and the Registers shall be
allowed therefor by the state a sum in the Same proportion as the
Law allows for recording Deeds — Which Resolve was read &
concurred —
Voted that M'' Macgregore, JNP Simpson M"' Parker ftP Hoit
and M'' Penniman with such of the Honb' Senate as thej- ma}'
join be a Committee to consider of a Resolve respecting receiving
seven shillings in Specie in lieu of Twenty shillings of Indent or
Certificate Taxes and report thereon —
Upon reading and considering the Petition of the Select men
of Chichester — voted that the Petitioners be heard thereon before
the General Court on the Second Wednesda}' of the next Session
and that in the mean time the Petidoners cause that the Substance
of the Petition and order of Court thereon be published three
weeks Successively in One of the New Hampshire News papers
six weeks prior to the sitting of said Court that any person or per-
sons ma}' then appear and shew cause why the prayer thereof
may not be granted —
Upon reading and considering the Petition of James
* 14-225 * Wallace voted that the Petitioner be heard thereon
before the General Court on the Second Thursday of
the next session and that in the mean time the Petitioner cause
that the Petitionee be served with a Copy of the Petition and order
of Court thereon six weeks prior to the sitting of said Court that he
may then appear and shew cause why the prayer thereof may not
be granted and that all proceedings against said Wallace in con-
sequence of said Judgment be stayed until the decision of the
General Court —
Voted that M"' Glidden, M"' Parker and M'' Bettan be a Com-
mittee to consider of the Petition of Benjamin Abbott and report
thereon —
Voted that W Duncan M"" John Smith and M'' Bettan be a
Committee to consider of the Petition of William Adams and
report thereon —
1791] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 345
]'otcd that M'' Wallace M'' Leavitt, M'' Barrett M'' Badger and
M'' Jabez Smith with such of the Honb' Senate as the}' may join be
a Committee to consider ot' the Petition ot' Isaac Rindge Esq'' and
report thereon —
]'otcd that M' N Hoyt M' Waldron & M' Clifford with such of
the Honb' Senate as they may join be a Committee to consider of
the Petition of Samuel Hobart Esq' and report thereon —
Upon reading and considering the Petition of Alexander Ewins
[Ewen] voted that the prayer thereof be granted and that the
Petitioner have leave to bring in a Bill accordingly —
The Committee on the Petition of Walter Geer reported that the
prayer of the Petition be so far granted as that the said Geer have
liberty to renew said Action seperate of said Grout and that he
have leave to bring in a Bill accordingly — which report being
read and considered voted that it be received and accepted —
}''otcd that the Account of Jeremiah Smith Esq'' amounting to
thirty two pounds Seventeen shillings be allowed and paid out of
the Treasury- by order of the President —
* Voted that Sanford Kingsburj- James Macgregore * 14-226
and Jeremiah Smith Esquires have and receive out of
the Treasur}- Ten pounds each to be by them Severally accounted
for as Commissioners of Accounts and that the President give
order accordingly —
Voted that M"' Eastman M' P. Clark & M' Penniman be a
Committee to consider of the Petition of the Honb' William Page
Esq'' and report thereon —
Upon reading and considering the Petition of Elias Tarlton voted
that the prayer thereof be granted and that the President give
order on the Treasurer for payment of said Sum of four pounds
thirteen shillings and four pence accordingly —
Voted that M'' Badger, M'' Gains & M' Allen with such of the
Honb' Senate as they may join be a Committee to consider of a
Letter from Joseph Whipple Esq'' and papers accompanjang the
Same and report thereon —
Voted that the Committee appointed the third Instant to present
the Revr'' AP Evans with the thanks of the General Court &c be
requested to receive from M'' Evans the Copj- therein mentioned
and agree with M'' Hough to print two hundred and fifty copies of
the Same — ... . ,^, , -r. -vr
Adjourned to 3 o'Clock P. M —
Met accordingly
An Act to incorporate the South part of the Society Land and
Sundry other tracts of Land was read a third time and passed to
be Enacted —
346 NEW HAMPSHIRE EARLY STATE PAPERS. [179^
An Act to prevent damage which may be done by Lumber to
the owners of Lands lying on or adjoining Connecticut Ri\er and
Merrimac River, was read a third time and passed to be Enacted —
Agreably to the order of the day proceeded to a hearing on Peti-
tions —
* 14-227 Upon hearing and considering the Petition of the * In-
habitants of New Grantham voted that the prayer
thereof be granted and that they have leave to bring in a Bill
accordingly —
L'pon hearing and considering the Petition of Stephen Harriman
Esq'' and others voted that said Petition be dismissed.
Upon hearing and considering the Pedtion of the Inhabitants of
Campbels Gore & others voted that said Petition be dismissed —
Upon hearing and considering the Peddon of Col" Benjamin
Stone voted that the determination thereon be postponed until to
morrow morning —
Voted that the hearing on the Pedtion of the Select men of
Cockermouth which was to have been this day before the General
Court be postponed to the Second Wednesday of the next Session
of which all persons concerned are to take nodce and govern
themselves accordingly —
Upon hearing and considering the Petition of the Select men of
New Durham, voted that a Tax of one penny "^'' Acre be laid on
all the lands in said Town (public rights excepted for two years
for repairing the highways in said Town and that they have leave
to bring in a Bill accordingly
Voted that the remainder of the hearings which were to have
been this da}' before the General Court be postponed undl tomor-
row of which all persons concerned are to take nodce and govern
themselves according!}- —
Adjourned to 8 o'Clock to morrow morning
WEDNESDAY June 15'" 1791.
The House met according to adjournment —
An Act to enable the Select men of the Town of Thornton to
Assess and cause to be collected the Sum of one penny '^'^ Acre on
the first division lots of Land in said Thornton and Sixteen shil-
lings and eight pence on each second division lot that hath been or
may be laid out in said Town within six months and if not laid
out on the common Lands belonging to each right for three years
next ensuing, was read a third dme and passed to be Enacted —
1791] JOURNAL OF THE HOUSE OF REPRESENTATIVES.
347
* Resumed the consideration of the Petition ot" Col" * 14-228
Benjamin Stone and after fully considering the Same
motion was made that the prayer thereof be granted — On which
motion the yeas and nays were called and are as follows [viz.]
Yeas.
Yeas.
Yeas.
Ye.as.
Mr Macgregore
Mr T Page
Mr Jn" Smith
.Mr Griffin
M' Wiggin
Mr Kellie
Mr Jn'> Duncan
.Mr Stone
.Af Clifford
Jlr Carr
Mr Wallace
.Mr Kimball
Mr Currier
Mr Waldron
Mr Darling
.Mr Crawford
jM'' Eastman
Mr Harper
Mr Gerrish
Mr E Hoyt
M"- Jabz Smith
Mr Badger
Mr Flanders
Mr Freeman
Mr Cillev
Mr X Hoit
Mr Shepherd
Mr Norris
Mr Tibb'ets
Mr Tasker
Mr Parker
.Mr Hutchens
M-- Giidden
MrTash
Mr Temple
Mr Tarlton
Mr Jon" Smith
.Mr Karrett
.Mr Bingham
.Mr Young
M-- Godfrey
.Mr Clark
Mr Penniman
Nays.
Nays.
Nays.
Nays.
M"- Gains
.Mr Clark
Mr .Martin
Mr .M Smith
M«- Pierce
.Mr Duncan
.Mr Warner
Mr Allen
M'' Connor
.Mr Knox
.Mr .Abbott
.Mr Holmes
Mr Page
Mr I'.ettan
Mr Gregg
.Mr Duncan
Mr Weeks
.Mr How
Mr Stiles
.Mr Nicols
M"- Dodge
Mr Chamberlain
Mr Whitcomb
.Mr Gould
Mr Plummer
Mr MrMillan
.Mr .Ale.\ander
.Mr Payne
Mr March
43 Yeas — 2(
■) Nays — so the
prayer thereof
was granted and he
hath leave to bring in a Bill accordingly —
Voted that George Kenfield have and receive out of the Treas-
ury Nine pounds Si.x shillings and three pence it being due to him
for wages and travel as a Soldier in Cap' Eliots Company in Col°
Hobarts Regiment in the year 1777 and that the President give
order accordingly —
Voted that M'' Pierce, M'' N Hoit M"' Simpson M"" Gerrish and
M"' Macgregore with such of the Honb' Senate as they may join
be a Committee to consider of the propriety of limiting a time for
receiving Seven shillings in lieu of tw^enty shillings from collectors
and Individuals for Certificate and Indent taxes now outstanding —
An Act authorizing the Commissioners formerly appointed to
receive and examine the claims against the estate
* of Breed Batcheldor an absentee to consider Said re- * 14-229
port and report as Justice and equity may require, was
sent down from the Honb' Senate for Concurrence — was read a
third time & concurred —
The following resolve came down from the Honb' Senate for
concurrence —
348
NEW HAMPSHIRE EARLY STATE PAPERS.
[179I
J?csolvcd that the Select men of every To\\'n and place in this
state from whom any certiiicate or Indent Taxes are now due be
directed immediately to call to account their Collectors who are
delinquent in Indent and Certificate Taxes, and that said Select
men within three months certify to the Treasurer of this State the
amount of the certificate Indent and Specie Taxes due from the
persons named in their lists to the Several Collectors — And that
the Treasurer receive from the Several Collectors seven shillings
in lieu of every twent}' shillings in said Certificates or Indents so
certified b}' the Select men to be due from said Individuals —
Provided that before any Collector shall avail himself of the
liberty given hereby of paying in Silver at said rates he shall first
pay to the Treasurer either in Certificates or Indents or state Notes
Indiscriminately so much as may be due in certificates or Indents
to the Treasury and which are not so certified — And for certificate
and Indent taxes the collectors shall receive Indiscriminately as
may be offered them by the Several delinquent persons in their lists
either state notes indents certificates or silver as before rated —
And the Treasurer shall keep an Account of what Certificates
Indents state notes or Specie he shall receive of each Collector for
such outstanding taxes — which resolve being read and considered
Motion was made that it be Concurred on which motion the yeas
and nays were called and are as tbllows (viz)
Yeas.
M' Gains
M-' Pierce
Mr iMac£;regore
iM-- 11 Pa<;e
M"- Weel^s
Mr Clifford
Af Wiggin
M"' Currier
*i4-230*M>'MS
Mr Rand
M>- Allen
Mr Holmes
Nays.
M'' Connor
M'' Leavitt
M'- Dodge
M'' Eastman
M'' Jabz Smitli
M"' Plummer
Yeas.
Yeas.
Yeas.
Mf Griffin
Mr Gould
Mr Norris
M-- Cillev
Mr How
.Mr Martin
Mr March
Mr Waldron
Mr Clark
M'- Tibbets
Mr Harper
Mr Gregg
Mr Jon" Smith
Mr Badger
Mr Jno Smith
M'' Knox
Mr N Hoit
Mr Flanders
M'- N Emerson
Mr Tash
Mr Stiles
M' Kellie
Mr Chamberlain
Mr Whitcomb
Mr Carr
Mr McMillan
Mr Temple
M>- Stone
Mr Crawford
Mr Hutchens
MI- Kimball
Mr E Hoit
.Mr Tarlton
M'- S Duncan
Mr Freeman
Mr Simpson
M'- Nicols
Mr Payne
Mr Young
Nays.
Nays.
Nays.
Mr Clark
Mr Emerson
Mr Darling
i\K Godfrev
Mr Warner
Mr Gerrish
M>- T Page
Mr Barrett
Mr Shepherd
Mr E Sm'itli
.Mr Abbott
Mr Bingham
Mr Tasker
.Mr Wallace
Air Penniman
51 Yeas — 21 Nays — so it was concurred
[791] JOURNAL OF THE HOUSE OF REPRESENTATIVES.
549
On the report of a Committee that the next session of the Gen-
eral Court be held at Portsmouth or Dover — motion was made
that it be held at Dover — which was negatived — [but the motion
was lost.]
Motion was then made that the next Session of the General
Court be held at Portsmouth — On which motion the 3'eas and na3's
were called and are as follows —
Yeas.
\eas.
Ye.as.
Yeas.
Mr Gains
Mr Plummer
.Mr E Smith
Mr Parker
M'- Pierce
.Mr Ciilev
.Mr Warner
Mr Ale.xander
Mr Connor
.Mr .Marc'li
.Mr Barrett
.Mr .M Smith
Mr Macgregore
Mr Clark
.Mr Gregg
.Mr Rand
Mr Weeks
Mr Bettan
Mr Jn" Smith
.Mr Griffin
Mr Leavitt
Mr Kellie
Mr Flanders
Mr Payne
Mr Dodge
Mr Carr
.Mr Stiles
.Mr Tarlton
Mr VViggin
Mr Waldron
.Mr Whitconib
.Mr Simpson
Mr Clifford
Nays.
N.ays.
Nays.
Nays.
Mr Currier
Mr N Hoit
.Mr Wallace
.Mr Kimball
Mr Eastman
Mr Tasker
.Mr Darling
.Mr S Duncan
Mr Tibbets
Mr Tash
Mr Gerrish
.\lr Nicols
Mr Glidden
Mr Chamberlain
Mr Shepherd
.Mr Gould
Mr Jon" Smith
Mr McMillan
Mr Temple
.Mr Crawford
Mr Knox
.Mr .Martin
.Mr Allen
Mr E Hoyt
Mr Godfrey
Mr D Emerson
Mr Bingham
.Mr Norris
Mr T Page
.Mr .Abbott
Mr Penniman
.Mr Hutchens
Mr How
Mr Clark
.Mr Stone
.Mr Young
.Mr Harper
3,S Yeas —
■37 Nays — so it was negatived
* Adjourned to 3 o'Clock P. M — * I-I-231
Met accordingly —
Motion was then made that the next Session of the General
Court be holden at Exeter — which motion was lost —
Motion was then made that the next Session be held at Concord
— On which motion the Yeas and Nays were called and are as
follows — ■
Yeas.
Ye.as.
Yeas.
Yeas.
Mr Tibbets
.Air Martin
.Mr Stiles
Mr Nicols
Mr Glidden
Mr P. Clark
Mr Temple
Mr Gould
Mr Jon* Smith
Mr J Duncan
Mr Allen
.Mr Crawford
Mr W Duncan
.Mr Darling
Mr Bingham
.Mr E Hovt
Mr N Emerson
.Mr Gerrish
Mr Penniman
.Mr Xorris
Mr Knox
.Mr Flanders
.Mr Grillin
Mr Hutchens
Mr Harper
.Mr Shepherd
.Mr S Duncan
.Mr Tarlton
.Mr .M'-.Millan
350
NEW HAMPSHIRE EARLY STATE PAPERS.
[179I
Nays.
Xiys.
N.ays.
Nays.
Mr Gains
Mr Jab^ Smitli
Mr E Sniitli
Mr Jno Smith
M' Pierce
Mr Plummer
Mr Bedee
Mr Wallace
Mr Connor
Mr Cillcv
MrN Hoit
Mr Whitcomb
M"' Macgregore
iMr Marcli
Mr Tasker
Mr Parker
Mr B Page
Mr J Clarl<
Mr Tasli
Mr Ale.xander
Mr Weeks
Mr Godfrev
Mr Chamberlain
Mr M Smith
Mr Leavitt
Mr T Pag4
Mr D Emerson
Mr Rand
Mr Dodge
Mr Bettan
Mr Warner
Mr Stone
Mr Wiggin
Mr Kellie
Mr Barrett
Mr Kimball
Mr Clifford
Mr Can
Mr Abbott
Mr Pavne
Mr Currier
Mr How
Mr Gregg
Mr Simpson
Mr Eastman
Mr VValdron
29 Yeas — 46 Nays — so it was negatived —
Motion was then made that the ne.xt Session be held at Dover —
On which motion the yeas and Nays were called and are as fol-
lows —
Yeas.
Yeas.
Yeas.
Yeas.
Mr Gains
Mr Plummer
Mr Harper
Mr Stiles
Mr Pierce
Mr Cillev
Mr E Smith
Mr Ale.Kander
Mr Connor
Mr J Clark
Mr N Hoit
Mr Temple
Mr B Page
Mr Tibbetts
Mr Tasker
Mr M Smith
Mr Weeks
Mr Jon» Smith
Mr Tash
Mr Rand
Mr Leavitt
Mr Kno.x
Mr Chamberlain
Mr Allen
Mr Dodge
Mr Kellie
Mr Mi-.Millan
Mr Bingham
Mr Wiggin
Mr Can-
.Mr .Manin
Mr Penniman
Mr Clifford
Mr HONV
Mr P Clark
Mr Nicols
Mr Jab'- Smith
Mr Waldron
Mr Flanders
Mr Simpson
*U-232 *Nays.
Nays.
Nays.
Nays.
Mr Macgregore
Mr Bettan
Mr Darling
Mr S Duncan
Mr Currier
Mr D Emerson
Mr Gerrish
Mr Gould
Mr Eastman
Mr Warner
Mr Shepherd
Mr Cra\vford
Mr March
Mr Barrett
Mr Whitcomb
Mr E Hovt
Mr Glidden
Mr Abbott
Mr Parker
Mr Payne
Mr W Duncan
Mr Gregg
.Mr Griffin
Mr Norris
Mr N Emerson
Mr Jn" Smith
Mr Stone
Mr Hutchens
Mr Godfrey
Mr J Duncan
Mr Kimball
.Mr Tarlton
Mr T Page
Mr Wallace
40 Yeas — 34 Najrs — so it passed in the Aifirmative
Voted that the next Session of the General Court be holden at
Dover —
The following vote of the Honb' Senate came down for Con-
currence —
Voted that the Secretary be directed to have printed as soon as
may be three hundred and fift\- copies of the Resolve passed this
day respecting certificate and Indent taxes outstanding and for-
[791] JOURNAL OF THE HOUSE OF REPRESENTATIVES.
351
ward them immediatel}' b}' the Members to the Several Towns and
places in this state — which vote was read and concurred —
An Act directing the mode of calling a convention to revise the
Constitution of this state — was read a third time and passed to be
Enacted —
Agreabl}- to the order of the da}' proceeded to a hearing on
Petitions —
Upon hearing and considering the Petition of Richard Sinkler
Jun'' motion was made to dismiss said Petition On which motion
the Yeas and navs were called and are as follows —
Yeas.
M'- Gains
W Pierce
MrMacgregore
Ml- B Page
M'- Weeks
Mr Leavitt
Mr Dodge .
M' Wiggin
Mr Jab'^ Smith
M' Plummer
*Nays.
M' ClilTord
M"^ Eastman
M>- Tibbets
M"- Glidden
Mr Jon" Smitli
M-- T Page
Rf How-
Yeas.
M'- J Clark
M>' W Duncan
M>" Kno.x
Mr N Emerson
M"- Godfrey
Ml' Bettan
Ml- Kellie
Mr Carr
Ml- Tasli
Nays.
M'- Badgei"
Ml- E Smith
M'- X Hovt
Ml- TaskeV
Ml- Abbott
Ml- P. Clark
Ml- Wallace
M'- Ch.iniberlain
.M'- D Emerson
Ml- Gregg
Mr Jn" Smith
Ml Duncan
Ml- Stiles
Ml- Whitcomb
Ml- M Smith
Ml- Rand
Nays.
Ml Darling
Ml- Gerrish
Mr Flanders
Ml- Shepherd
Ml Parker
Ml- Temple
Ml- Kimball
Ml- Allen
Ml- Bingham
Mr Holmes
Ml- Penniman
Ml- Griffin
Ml Stone
Ml S Duncan
Ml E Hoyt
Ml Payne
Nays. * 14-233
Ml- Nicols
Ml- Gould
Ml Crawford
A[i- Norris
Ml- Hutchens
Mi-Tarlton
37 Yeas — 27 Na3's — so it was dismissed —
Upon hearing and considering the Petition of the Select men of
New Hampton — voted that a Tax of one penny [per acre] be
laid on each acre of Land in said Town for three years (public
rights excepted) to be laid out in making and repairing highwaj's
and that they have leave to bring in a Bill accordingly at this or
the next Session —
Upon hearing and considering the Petition of the select men
of Orford — -voted that a Tax of two pence be laid on each acre
of Land in said Town for one year, and that they have leave to
bring in a Bill accordingly at this or the next Session
Upon hearing and considering the Petition of Jonathan Hoyt
voted that the prayer thereof be granted and that they have leave
to bring in a Bill accordingly at this or the next Session
looted that the remainder of the hearings which were to have
352 NEW HAMPSHIRE EARLY STATE PAPERS. [l79I
been this day before the General Court be postponed until to mor-
row of which all persons are to take notice and govern themselves
accordingly —
Adjourned to 8 o'Clock to morrow morning —
THURSDAY June i6'" 1791
The House met according to adjournment
An Act regulating Swine, was read a third time & passed to be
Enacted —
An Act to regulate the exportation of Beef and Pork was read
a third time and passed to be Enacted —
An Act to enable the Select men of Campton to assess and
cause to be collected one penny '^'' Acre Annually on all the unim-
proved lands in Campton for three years was read a third time
and passed to be Enacted —
* 14-234 * Resolved that all Invalid noncommissioned Officers
Soldiers and Seamen who have not been inspected or
who may have been inspected and been refused or struck otf' the
list make immediate application to Doctor Samuel Tinney and
Docf William Parker of Exeter for Examination who are hereby
appointed Inspectors of Invalids and on its appearing to the
Inspectors that any of them ought to be on the Invalid Pension
list that the Inspectors Petition Congress for their Admission and
write to our Representatives and Senators in Congress stadng the
facts relative to the Subject —
The Committee on the Petition of James & John M^'Masters
reported that the prayer thereof be granted and that the President
be desired to give order that Wentwoith Cheswell Esq'' deliver all
the books and papers now in his custody belonging to the said
M'iNIasters' to them or their Attorney
The Committee appointed (by vote of the General Court of
Feb'' I"' 1791 — ) to deface state orders and orders for premiums
tor killing wolves &c beg leave to report that we have defaced the
Same by striking them through with a circular punch of one inch
diameter — We have also delivered the Indents mentioned in the
report on the Settlement of the Treasurers Accounts to the Com-
missioners appointed to fund the same and have taken their
receipt therefor — we have also lodged in the Treasurers custody
a Trunk containing the state notes, Certificates and new Emission
money received of him on Settlement of his Accounts and have
taken his Certificate for the Same which Certificate and receipt
1791] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 353
above mentioned are recorded in the Secretary's Office and
delivered to the state Comptroller —
e- ,, Nath" Rogers } ^
Sitrn" TvT ,, ,1 r--i f- Committee
•^ Nath" Gilman S
Which report being read and considered voted that it be received
and accepted — and that said Committee be discharged —
The Committee on the Petition of the Honb' William
Page Esq"' * reported that the prayer thereof be granted * 14-235
and that the Petitioner have leave to bring in a Resolve
accordingly — which report being read and considered voted that
it be received and accepted —
Voted that the Account of Nathanael Gilman & Nathanael
Rogers amounting to three pounds be allowed and paid out of the
Treasury by order of the President —
Voted that the account of Ephraim Robinson and Nath" Rogers
be accepted and that the said Rogers pay into the Treasury said
Sum of three pounds Six shillings and take his receipt therefor
and that the Treasurer debit himself therewith —
Voted that M"' Barrett, M"' Hoyt, AF Holmes, M"' Macgregore
and AP Jn" Smith with such of the Honb' Senate as they may join
be a Committee to consider of the PetiUon of Thomas Smith &
John Lathrop and report thereon —
Voted that M^ Badger M'^ Gains, M"' Warner M'' M Smith and
M' Simpson with such of the Honb' Senate as they may join be a
Committee to consider of and report what mode shall be adopted
respecting military stores belonging to this state now in the hands
of Individuals in said state also respecting notes and receipts from
Individuals now in the Comptrollers ofRce given for military
stores —
[ Voted that M'' Gains, M"' Simpson & M"' Weeks with such of
the Honb' Senate as they may join be a Committee to consider of
the Petition of Thomas Simpson and report thereon — ]
An Act declaring the limits and boundaries of the Several
Counties in this state — was read a third time and passed to be
Enacted —
Voted that all the books and papers which are now in the
hands of the late Committee of Claims, Secretary or any other
person which relate to the claims of this State against the United
States or the claims of Individuals against this State for services
done or losses suffered in the late War be delivered to the Com-
missioners appointed to receive and examine and make a fair
statement of all payments and allowances that have been made
354
NEW HAMPSHIRE EARLY STATE PAPERS.
[179I
by this State to Towns and Individuals for such expend-
* 14-236 itures *they giving a receipt to the person or persons
possessed of Such books or papers —
The vote for holding the next Session of the General Court at
Dover came down from the Honb' Senate for the following
amendment "That said Session be held at Portsmouth instead of
Dover" — [which amendment was concurred] — [on which pro-
posed amendment] the j'eas and nays were called and are as
follows — [viz.]
Yeas.
Yeas.
Yeas.
Yeas.
Mr Gains
Mr Ciller
Mr Gregg
Mr Rand
M'- Pierce
Mr March
Mr Jn" Smith
Mr Griifln
W Macgregore
Mr J Clark
Mr J Duncan
Mr Stone
Mr Page
Mr N Emerson
Mr Wallace
Mr Gould
Ml- Weeks
Mr Bettan
Mr Stiles
Mr Crawford
Mr Leavitt
Mr Martin
lAIr Whitcomb
Mr Payne
Mr Dodge
Mr Warner
Mr Parker
Mr Norris
Mr Wiggin
Mr Barrett
Mr Alexander
Mr Tarlton
Mr Clifford
Mr Abbott
Mr M Smith
Mr Simpson
Mr Plummer
Mr P Clark
Nays.
Nays.
Nays.
Nays.
Mr Currier
Mr T Page
Mr Tasker
Mr Temple
Mr Eastman
Mr Kellie
Mr Tash
Mr Allen
Mr Jabz Smith
Mr Carr
Mr Chamberlain
l\Ir Bingham
Mr Tibbets
Mr How
Mr M'-'MiUan
Mr Penniman
Mr Glidden
Mr Waldron
Mr Darling
Mr Duncan
Mr W Duncan
M'- Harper
Mr Gerrish
Mr Nicols
Mr Knox
Mr E Smith
Mr Flanders
Mr E Hoit
Mr Godfrey
Mr N Hoit
Mr Shepherd
Mr Hutchens
38 Yeas — 32 Nays — so it was concurred —
Upon reading and considering the Petition of the Proprietors of
Unity voied that the Petitioners be heard thereon before the Gen-
eral Court on the third Thursday of the next Session and that in
the mean time the Petitioners cause that a Cop}^ of the Petition
and order of Court thereon be published three weeks Successivel}'
in one of the New Hampshire News papers also posted up in
some public place in the Towns of Unity and Hampstead Six
weeks prior to the sitting of said Court that any person or persons
may then appear and shew cause (if any they have) why the
prayer thereof ma}- not be granted —
Vo/ed that M"' Badger, "M"' Macgregore & M'' Waldron be a
Committee to consider of the Petition of Stephen Evans Esq'' also of
the Petition of Joshua Telford Esq'' and report thereon —
* 14-237 *Upon reading and considering the Petition of the
I791] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 355
Inhabitants of New Grantham voted that the Petitioners be heard
thereon before the General Court on the Second Tuesday of the
next Session and that in the mean time the Petitioners cause that
the Substance of the Petition and order of Court thereon be pub-
lished three weeks Successively in the Concord Herald Six weeks
prior to the sitting of said Court that any person or persons may
then appear and shew cause (if anj' they have) wh}' the prayer
thereof may not be granted —
Voted that M' Pierce M'' Holmes & AP Simpson be a Commit-
tee to consider of the Petition of Robert Works, also of the
Petition of Jonathan Wodly and report thereon —
Voted that NP Connor M' Badger AP Penniman AP N. Hoit and
M"" Flanders be a Committee to consider of the Petition of the In-
habitants of [a part of] Wendall [and of part of some other Towns
adjoining] and report thereon —
Voted that M" T Page, M'' Bettan and M'' Stiles be a Com-
mittee to consider of the Petition of Benj" Archer and report
thereon —
Upon reading and considering the Petition of John Tasker Esq'
and others in behalf of Barnstead voted that the Petitioners be
heard thereon before the General Court on the third Wednesday' of
the next Session and that in the mean time the Petitioner cause
that the Substance of the Petition and order of Court thereon be
published in the New Hampshire Gazzette three weeks Succes-
sively Six weeks prior to the sitting of said Court that zxvy person
or persons may then appear and shew cause (if any they have)
why the prayer thereof may not be granted —
The Committee on the Petition of Daniel Bayley in behalf of
himself and the Town of Bath reported that having considered
the praj-er of said Petition they beg leave to state the follovving
facts, That the said Township is chief!}' laid out into lots the
greater part of which are unimproved and belong to Nonresidents —
That the proprietors have not appropriated the lots in said Town
to particular rights, so that the settlers know not what particular
rights their lots belong, and know them only by the num-
ber of the lots and the ranges and therelore the * Select * 14-238
men cannot tax the lots of Nonresidents to the owners
because thej' are unknown nor to the Original rights because they
are not appropriated, for which reasons the select men have never
been able to make a Tax according to the present laws of this
state which require that the taxes on the unimproved lands of
Nonresidents and for more than ten years past neither are they
356 NEW HAMPSHIRE EARLY STATE PAPERS. [^791
now able to collect them. That some relief ought to be afforded
them by this Court —
The Committee therefore report as their Opinion that the most
expedient way to grant them and others that may be in like cir-
cumstances redress will be to pass an Act in addition to an Act
now in force directing the mode for assessing and collecting Taxes
upon the unimproved lands of nonresidents impowering the Select
men for the time being to levy and assess all the outstanding
taxes against their respective towns and places not already
assessed as the Law directs in one Tax Bill distinguishing each
years tax by itself — and commit the same with a proper warrant
directing the Collectors for the time being to collect the Same and
that said Select men shall set a just proportion of said taxes upon
the buildings and unimproved lands owned by Nonresidents both
for state and County Taxes. And in case neither the owners of
lands nor the rights to which they belong shall be known by said
Select men it shall be lawful to assess said Taxes by the number
and range of the lots or other known & particular description —
And said Collector shall proceed in all respects to notify and
advertize said taxes and the sales of said lands vendues conveying
&c as in and by said Act is directed — & the Same mode in the
redemption shall also be observed —
And whereas it appears that Daniel Bayley the Petitioner who
was chosen Constable in said Town for the year 1788 has paid a
Considerable sum into the Treasury out of his own money for the
Taxes of said Bath for the year 1788 it is the Opinion of your Com-
mittee that a vote be passed directing the Treasurer to repay said
Baj'ley such sums as he has already paid into the Treas-
* 14-239 ury upon said Bayleys returning the receipt for * the
Same provided this Court shall not think proper to
point out some way to enable him to collect said Taxes — which
report being read and considered voted that it be received and
accepted —
Adjourned to 3 oClock P. M —
Met accordingly —
Voted that the hearings on the Petition of Gideon Tiffany
Jabez Shapley, Proprietors of Eaton & Burton, Thomas Pinkham
George Hull, Town of Coventry, David Webster Esq"' Joseph
Hicks Nathaniel Doyne, Alexander Plumbley and Littleton &
Dalton be postponed to the third Wednesday of the next Session
of which all concerned are to take notice and govern themselves
accordingly and in case any of the Petitioners have neglected giv-
I791] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 357
ing notice agreably to order of Court they are required to give
notice according to the former order the same length of time
previous to the next sitting of the General Court as they were to
have done previous to the present Session, and where stay of Exe-
cution was ordered the same to remain stayed until the decision of
said Court —
An Act to restore Alexander Ewin to his Law, was read a third
time and passed to be Enacted —
An Act in addition to and explanation of an Act intitled an Act
for granting a Letter}^ for building a Bridge across little harbour
to New Castle made and passed the twelfth day of January Anno
Domino 1790. was read a third time and passed to be Enacted —
An Act to enable Alexander Craige Josiah Sanborn and Wil-
liam Preston the Select men of the Town of Rumney in said state
for the time being to levy assess and collect a tax of two pence '^''
Acre upon all the lands public lands excepted in said Town that
have been laid out into lots for making highways and bridges
therein — was read a third time and passed to be Enacted —
An Act to enable the Select men of Campton to assess and
cause to be collected one penny '^'' Acre annually for two years
on all the unimproved lands in said Campton was read a third
time and passed to be Enacted —
* Upon reading and considering the Petition of a * 14-240
number of the Inhabitants of Wendall, Lempster Unity
Fishersfield and Newport, vo/ed that the Petitioners be heard
thereon before the General Court on the third Thursday of the
next Session & that in the mean time the Petitioners cause that
the select men of said Towns be served with a Copy of said
Petitions and the order of Court thereon six weeks prior to the
sitting of said Court that any person or persons may then appear
and shew cause whj' the prayer thereof may not be granted —
Upon hearing and considering the Petition of Joshua Toltord
Esq'' voted that the Petitioner be heard thereon before the
General Court on the Second Thursday of the next Session and
that in the mean time the Petitioner cause that the Petitionee
be served with a copy of the Petition and order of Court thereon
that he ma}' then appear and shew cause wh}- the pra3'er thereof
may not be granted —
The Committee appointed to report on the propriety of this
State's becoming a Subscriber to the Bank of the United states
having taken the matter to them refered under their consideration
find that this state is possessed of forty seven thousand seven bun-
358 NEW HAMPSHIRE EARLY STATE PAPERS. [179^
dred and Sixty three Dollars and ninety three Cents in tunded Six
^'' Cents and between seven and eight Thousand pounds in Cash
under these circumstances it is the Opinion of the Committee that
it would be of great advantage to the State that his Excellency
the President and the Treasurer of the state should be authorized
and impowered to subscribe to the said Bank in behalf of this
state to the amount of one hundred and tift}- shares which will
require the Sum of fort}- five thousand dollars in the said tunded
stock and fifteen thousand Dollars in cash — which report being
read and considered voted that it be received and accepted —
Upon reading and considering the Petition of Jonathan Wodly
and the report of a Committee thereon voted that the prayer
thereof be granted & that he have leave to bring in a Bill
accordingly.
* 14-241 * Upon reading and considering the Petition of Benja-
min Archer and the report of a Committee thereon
voted that the Petitioner be heard thereon before the General
Court on the Second Tuesday of their next Session and that in the
mean time the Petitioner cause that the Petitionee be served with
a Copy of the Petition and order of Court thereon six weeks prior
to the sitting of said Court that he may then appear and shew
cause if any he hath why the prayer thereof may not be granted
and that the Petitioner be liberated from Goal upon giving security
to respond the final judgment on the premises —
The Committee on the letter from Nathanael Parker receiver of
Nonresident taxes having met and considered the same agree to
report as their Opinion that said receiver of Taxes receive in
future ten '^■' Cent in lieu of five '^'' Cent heretofore paid and that
he receive Six pence for each receipt by him given in the Execu-
tion of said Ofiice to be paid by the Nonresidents and that an Act
or Resolve be now passed for that purpose — which report being
read and considered voted that it be received and accepted —
The Committee appointed to consider what allowance shall be
made to the Citizens of this state who hold the Treasurers receipts
for Continental money beg leave to report that they should be
allowed and paid five shillings for every hundred dollars of said
Continental money — which i-eport being read and considered
voted that it be received »& accepted and that the Treasurer pay
the holders of said receipts on their producing the same at the
said rate of five shillings for each hundred dollars —
Voted that the allowance for travel and attendance to the mem-
bers of the Honb' Senate & House of Representatives and their
1791] JOURNAL OF THE HOUSE OF REPRESENTATIVES.
359
Officers be the same as was allowed the last Session of the Gen-
eral Court and paid in the Same manner and that the Secretary
and Clerk make up the Respective Rolls accordingly
On the report of the Committee that the next meeting of the
General Court be on the first Wednesday of December next on
which report the yeas and nays were called and are as follows viz
'Yeas. Yeas. Yeas. Yeas. * I4-242
Ml- P. Clark
M"- Jn" Smith
M'- Jabz Smith
lAI'- Cillev
M'- March
M'' Tibbets
M'" Jon^ Smith
M'- W Duncan
Ml' Godfrey
M>- Bettan
Nays.
Ml' Gains
Ml' Pierce
Ml' Connor
Ml' Macgregore
.Ml- Page
Ml' Weeks
Ml' Leavitt
Ml' Dodge
Ml' Wiggin
.Ml' Currier
Yeas.
Mr KelHe
Mr Carr
Mr How
Mr Waldron
Mr E Smith
Mr N Hoit
Mr Tasker
Mr Chamberlain
Nays.
Mr Eastman
Mr Plummer
Mr Knox
Mr N Emerson
Mr Harper
Mr Tash
Mr Martin
Mr D Emerson
Mr Barrett
Mr Abbott
Mr Shepherd
Mr Whitcomb
Mr Parker
Mr M Smith
Nays.
Mr Gregg
Mr J Duncan
Mr Wallace
Mr Darling
Mr GeiTish
Mr Flanders
Mr Stiles
Mr Temple
Mr Allen
Yeas.
Mr Rand
Mr Bingham
Mr Stone
.Mr Kimball
.Mr Duncan
Mr Nicols
Mr E Hoyt
Nays.
Mr Penniman
Mr Griffin
Mr Gould
Mr Crawford
Mr Payne
Mr Norris
.Mr Hutchens
Mr Tarlton
Mr Simpson
30 Yeas — 38 Nays — so it -was not Accepted —
Adjourned to 8 o'Clock to morrow morning
FRIDAY June 17'" 1791
The House met according to adjournment
The following resolve came down from the Honb' Senate for
Concurrence —
Resolved that his Excellency the President and the Treasurer of
this state be and hereby are impowered to Subscribe on Account
and in behalf of this state for the stock of the bank of the United
states the Sum of Si.xty thousand Dollars being one hundred and
fifty shares payable one fourth in gold & silver and three fourths
in that part of the public debt of the United States which bears an
interest of Six '^'' Cent per Annum —
And that the President and Treasurer are hereby authorized to
take out of the State Treasury the above monies and funded
papers for said purpose and make all necessary transfers accord-
360 NEW HAMPSHIRE EARLY STATE PAPERS. [^791
ing to such rules as are Instituted in that behalf by law and do
and transact all and Singular acts matters and things as shall or
may appertain to said Subscription and render an account thereof
to the General Court at their next Session —
* 14— 243 *An Act to authorize the Select men of New Durham
to levy a Tax of one pennj* "^^ Acre on the lands in said
Town for repairing highways — was read a third time and passed
to be Enacted —
An Act Suspending the Operation of Sundry Acts therein
enumerated and refered to until a certain period — was read a
third time and passed to be Enacted —
An Act to impower Walter Geer to review an action was read a
third time and passed to be Enacted.
Upon reading and considering the Petition of Benjamin Abbott,
voied that the Petitioner be heard thereon before the General
Court on the third Wednesda}- of the next Session and that in the
mean time the Petitioner cause that the Petitionee be ser^■ed with
a copy of the Petition and order of Court thereon Six weeks prior
to the sitting of said Court that he may then appear and shew
cause (if any he hath) why the prayer thereof may not be granted —
Upon reading and considering the Petition of Alexander Plumb-
ley — volcd that the Petitioner be heard thereon before the Gen-
eral Court on the third Wednesday of the next Session and that
in the mean time the Petitioner cause that the Petitionee be served
with a Copy of the Petition and order of Court thereon six weeks
prior to the sitting of said Court that he maj- then appear and
shew cause whj' the prayer thereof maj- not be granted —
Upon reading and considering the Petition of John Bryant Esq''
voicd that the Petitioner be heard thereon before the General Court
on the first Tuesday of the next Session and that in the mean time
the Petitioner cause that the Select men of Concord Bow and
Pembrook be served with a Copy of the Petition and order of
Court thereon Six weeks prior to the sitting of said Court that they
or either of them may then appear and shew cause (if any they
have) why the prayer thereof may not be granted —
Upon reading and considering the Petition of Joseph
* 14-244 * Kimball Esq' in behalf of the Town of Plainfield —
vo/cd that the Petition lay till the next Session and that
no extent issue against Plaintield for the deficiency of Soldiers
until the next Session —
The following resolve came down from the Honb' Senate for
Concurrence —
1791] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 361
In Senate 17"' June 1791 —
Resolved that M" Nathanael Parker receiver of Nonresident
Taxes shall be allowed in future to demand and take ten "^^
Centum on all nonresident Taxes he may receive and sixpence
for each receipt, which shall be in lieu of what he has heretofore
received — which resolve was read and concurred —
Voted that the Account of Benjamin Hanneford amounting to
eight pounds be allowed and paid out of the money now in the
Treasurj' by order of the President
Voted that the Account of Joseph Pearson Esq"" amounting to
forty five pounds as paymaster for Invalids be allowed and paid
out of the Treasury' by order of the President
Voted that the account of Joseph Pearson Esq'' amounting to
thirty pounds twelve shillings for so much paid Col" Giddinge be
allowed and paid out of the Treasury by order of the President —
Voted that the Account of Samuel Dinsmore amounting to three
shillings & nine pence be allowed and paid out of the Treasury
by order of the President —
Voted that the Account of George Hough amounting to one
pound nine shillings and two pence be allowed and paid out of the
Treasur}' by order of the President —
Voted that the Account of John Calfe Esq' amounting to thir-
teen pounds Sixteen shillings and two pence be allowed & paid
out of the Treasury by order of the President —
*The Committee appointed to consider of and report * 14-2^5
on the Accounts of Printers and other accounts to them
referred — Reported that Eliphalet Ladd Jun' be allowed thirty
shillings in full for his Account — That Henry Ranlet be allowed
thirty six shillings in full for his Account — That John Melcher
be allowed Twenty three pounds one shilling in full for his
Account for printing the journals of both houses of the General
Court the last Session and for Sundry advertisements — That John
Waldron and Joshua Wingate Esqr* be allowed thirty six shillings
in full for their account — That Jonathan Gage be allowed thirty
shillings in full of his Account — That Reuben Libbey be allowed
fifteen shillings in full of his Account — That Ozias Silsbj' be
allowed three pounds in full of his Account which report being
read and considered voted that it be received and accepted and
that the President give order accordinglj' —
Voted that the Account of Moses Leavit Neal amounting to
thirty shillings be allowed and paid out of the Treasury by order
of the President —
362 NEW HAMPSHIRE EARLY STATE PAPERS. [l791
Voted that John Melcher have and receive out of the Treasuiy
Eighty pounds to be by him Accounted for in printing the revised
Laws of this state and that the President give order accordingly —
An Act to enable the Select men of New Hampton to assess
and cause to be collected the Sum of one Penny '^{J'' Acre on each
Acre of Land in said Town annually publick rights excepted for
the term of three years from the passing this Act — was read a
third time and passed to be Enacted —
Voted Unanimously that the thanks of this House be given to
William Gardner Esq'' for his attention to and tidelity in his
Office of Ti-easurer of this State during his continuance therein
and that M'' Connor be desired to deliver him a Copy of this
vote —
* 14-246 * Voted that Thursday the Seventeenth day of Novem-
ber next be Observed and kept as a day of public
Thanksgiving throughout this state and that his Excellency the
President with advice of Council be desired to issue a proclamation
seasonably for that purpose —
The Committee on the Petidon of William Adams reported that
he be allowed the Same wages & depreciation as Cap' Runnels
and other Officers in the same service have been allowed — which
report being read and considered rotcd that it be received and
accepted —
Voted that the Revr'' Israel Evans have and receive out of the
Treasury forty shillings for his Services as Chaplain to the Gen-
eral Court the Present Session —
Voted that when the business of the present Session is finished
that his Excellency the President with advice of Council adjourn
the General Court undl the last Wednesday in November next
then to meet at Portsmouth —
Voted that the account of Caleb Buswell amounting to three
pounds be allowed and paid out of the Treasury by order of the
President —
Voted that the Account of Josiah Nelson amounting to Six
pounds Sixteen shillings and eight pence be allowed and paid out
of the Treasury b}^ order of the President —
Hesoh'cd that Col" William Page comma,nder of the third Regi-
ment of light horse in said state is hereby impowered to raise a
Company of Light Horse in the Towns of Newport Lempster
Washington Stoddard and Marlow and such other parts of any
Towns adjoining as maybe found necessary, under the same rules
regulations & restrictions as other companies of Light horse in
1791] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 363
this state and the tield officers of said regiments are requested to
nominate officers for said Company —
*The following resolves came down from the Honb' * 14-247
Senate for Concurrence —
In Senate June 17"' 1791 —
Resolved that the Treasurer of this state be and he hereby is
authorized to receive from James Reid late Brigadier General a
Certificate issued from the Treasurj^ Office of the United states for
the Sum of Two Thousand two hundred and forty three Dollars
and eighty eight cents Dated 27"' May 1791 and allow the said
Reid therefor at the rate of eighteen shillings on the pound to be
paid by deductions from the outstanding Taxes due from such of
the Towns or Collectors as the said Reed may request provided
the said Reid shall at his own expence empower the said Treas-
urer to obtain a proper transfer of said Certificate or the amount
thereof for the use and benefit of this state —
[The following resolve came down from the honorable Senate
for concurrence.
In Senate, June 17, 1791-]
Resolved that his Excellency the President of this state be and
he hereby is authorized and im powered with advice of Council to
draw orders on the Treasurer of this state in favour of John Melcher
for such sum as he may judge expedient not exceeding eighty
pounds as so much advanced to be accounted for, and for such
further sum or sums as the President may think expedient for
contingent expences for the benefit of the State not exceeding one
hundred pounds and that the Treasurer pay such orders accord-
ingly which resolves were read and concurred —
The Secretary came down and gave information that his Excel-
lency the President with advice of Council has thought fit to
adjourn the General Court until the last Wednesday in November
next then to meet at Portsmouth — and declared them adjourned
accordingly —
1 [Of the foregoing votes, &c. the following are non-concurred
and ordered by the honorable Senate to lay.
Non-concurred.
Report of committee on Col. Hobart's petition.
Committee on petition of Thomas Simpson.
Col. Stone's petition.
1 Taken from printed journal.
364 NEW HAMPSHIRE EARLY STATE PAPERS. [^TP^
Ordered to lay over.
Jonathan Hoifs petition.
Lines of Jaffrey.
Committee on the propriety of limiting a time for receiving
seven shillings in lieu of twenty shillings.
Joshua Tolford's petition.
Benjamin Archer's ditto.
Washington ditto.
Moultonborough ditto.
Inhabitants of Windham ditto.
Levi French's ditto.
Elizabeth Curtis' ditto.
William Adams' ditto.
An act to prevent damage which may be done b}' lumber to
the owners of lands on Connecticut-river and Merrimac-river,
ordered to lay over.]
Journal of the Senate
CONTAINING THE PKOCEEDINC
FROM NOVEMBER 30, 1791, TO JANUARY 6, 1792.
STATE OF NEW HAMPSHIRE, *4-^9
At a Session of the General Court holden at Portsm" by adjourn-
ment on Wednesda}' Nov'' 30"' 1791 — Present in Senate His Ex-
cellency Josiah Bartlett Esq Presid' The Hon Rob' Wallace Abiel
Foster Sanford Kingsbury Nath' Rogers John Waldron, Samuel
Hale Christ" Toppan James Sheafe & W" Page Esq'" —
THURSDAY Dec i, 1791 —
Present as yesterday with the addition of Gen' Peabod\-
A vote appointing the Rev'' Docf Haven Revd M'' Buckminster
& the Rev'' AI'' Ogden to officiate as Chaplains the present Session
at Portsmouth, was bro' up read & concurred.
A vote for a Com'''-' to join a Com''' of Senate to take under con-
sideration His Excellencys Message and report an answer thereto
was brot up read & concurred M'' Sheafe & AP Peabody joined —
A vote for a Com'''' to join a Com'"' of the Senate to consider of
an Act of the Massachusets for regulating the fishery in Connec-
ticut River and report their opinion respecting the propriet}' of
passing a similar Act was brot up read and concurr'd M'' Page
joined
A vote for a Com'''' to ioin a Com'''' of the Senate to consider of
what business is necessary first to be entered upon & done at this
Session & report thereon was bro' up read & concurred IM'' Pea-
body & M"' Rogers joined —
A vote for a Com"''' to join a Com'''' of the Senate to consider of
the propriety of passing an Act for altering the place of sitting of
the S C [Superior Court] to their next Circuit from Plymouth to
Haverhill in the County of Grafton was bro' up read »S: concurred
INP Peabody joined —
*A vote for a Com"'' to join a Com"'' of the Senate to * 4-30
consider of the propriety of bringing in a bill for directing
the Admission of Town Inhabitants in future and report thereon
was bro' up read & concurred M'' Foster & M"' Toppan joined —
368 NEW HAMPSHIRE EARLY STATE PAPERS. [l79I
A vote for a Com''' to join a Com"' of the Senate to consider of
tiie pet" of John Young Esq who pra3-s for the privilege of build-
ing & altering chimnies according to a certain plan so as to carry-
smoke well was brot up read & concurred AP Page and M'' Sheafe
joined —
A vote to hear the petition of Hampton falls respecting high-
wa3-s in s'' Town and Seabrook on the 20"' of this Ins' was brot up
read and concurred
Adjourned till tomorrow 9 "Clock A M
FRIDAY Dec 2 1791
Met according to adjournment
Present as yesterday —
A vote for a Com"' to join a Com"' of the Senate to consider of
the Acc° of J M Sewall Esq & report thereon was brot up read &
concurred M'' Toppan joined —
A vote for a Com"' to join a Com'" of the Senate to consider of
the pet" of Abigail Fugard & report thereon was bro' up read &
concurred M' Kingsbury & M" Sheafe joined —
A vote for a Com"' to join a Com"' of the Senate to consider of
the pet" of Silas Betton was brot up read and Nonconcurred —
reconsidered See N° 215 — [January 2, 1792.]
A vote for a Com'" to join a Com'" of the Senate to report what
shall be done with the powder &c now in the hands of Individuals
belonging to this State was bro' up read & concurred AP Wallace
M' Foster & M'' Toppan joined
*4— 31 * A vote for a Com" to join a Com'" of the Senate to con-
sider of a Letter from Rob' Means Esq was bro' up read
& concurred M"^ Wallace joined
The pet" of Z Leach supported by the Selectmen of Westmor-
land praying to be enabled to sell the land of his Ward was bro'
up, read and dismissed —
A vote tor a Com"' to join a Com"' of the Senate, to consider
of the pet" of Eliph' Ladd & report thereon was brot up read &
concurred M' Hale joined
A vote for a Com"' to join a Com"' of the Senate to consider of
all Printers Accounts was brol up read & concurred M"' Sheafe
joined —
A vote for a Com'" to join a Com"' of the Senate to take under
consideration some Method respecting the routs of Postriders was
bro' up read & concurred M"^ Hale M'" Peabody M'' Page & M''
Wallace joined —
1791] JOURNAL OF THE SENATE. 369
A vote for a Com'"' to join a Com'"' of the Senate to consider
what measur's shall be taken for appropriating the public monies
now in the Treasury was brot up read & concurred ^'P Rogers M"'
Sheafe & M'' Page joined —
A vote for a Com'"' to join a Com"'" of the Senate to bring in a
bill providing how the business of Sheriff" shall be transacted,
when b}' reason of death or otherwise that office shall become
vacant was brot up read & concurred M'' Foster joined
A vote for a Com"' to join a Com"''' of the Senate to consider
that part of the report of the Com"'' on necessary business which
respects the encouragement of Literature & report what measures
may be taken for that purpose was brot up read and concurred M''
Kingsbury & M'' Wallace joined
*A vote for a Com'" to join a Com""^ of the Senate to *4-32
consider what method shall be adopted for compleating
the collection of outstanding taxes &c was brought up read and
concurred M'' Toppan & M' Page joined —
A vote for a Com"''^^ to join a Com"" of the Senate to consider
of the pet" of N Clough & all similar matters & report thereon
was bro' up read and concurred M"' Toppan M"' Peabody & M'
Page joined
A vote so far granting the prayer of the pet" of John Young
Esq as that an Exclusive right be given to him for fourteen years
& that he have leave to bring in a bill accordingly was brot up
read and concurred
A vote for a Com""* to join a Com"'" of the Senate to consider
of the propriety of lengthening out the time for the Treasurers
receiving returns from Selectmen of the sums due from Individu-
als to Collectors &c was brot up read & concurred M'' Toppan
joined —
A vote for a Com'"" to join a Com'"" of the Senate to consider
of the petition of Joseph Taylor was brot up read & concurred M"'
Foster joined
adjourned Ull tomorrow morning 9 "Clk
SATURDAY Dec 2 1791
met according to adjournment
Present as yesterday
A vote granting the prayer of John Peirce 3"* (who prays that
the name of Edward may be added to his name and that he may
be named Edward John Peirce) and giving him leave to bring in
a bill accordingly was bro' up read and concurred
370 NEW HAMPSHIRE EARLY STATE PAPERS. [^791
*4-33 *An Act altering the time of holding the annual meeting
in Moultonbor" having been read a third time voted that
the same be enacted
Adjourned till monday next 3 "Clock P M —
MONDAY Dec« 5'" 1791
met according to adjournment
Present as yesterday
A vote for a Com"^'' to join a Com'"= of the Senate to take under
consideration a Resolve of 16"' of June last respecting Invalids
and report what alterations may be necessary was brot up read &
concurred M'' Peabody & M'' Sheafe joined —
A vote granting the prayer of Jon" Hoit of Orange (who prays
that all his proceedings as Constable of s*^ Town for the year 1787
may be confirmed & established so far as the same would have
been legal had he been duly sworn) was bro' up read and non-
concurred
A vote for a Com' to join a Com" of the Senate to take under
consideration the propriety of passing an Act directing Suiters to
give bond to respond damages in case of a reversal of Judgment
in an Action of review, was bro' up read & concurred M"' Peabody
& M' Sheafe joined
A vote for a Com"' to join a Com"" of the Senate to consider of
the pet" of Nath' Oilman & report thereon was brot up read &
concurred M'" Page joined —
A vote for a Com"'*' to join a Com"-' of the Senate to consider of
the Pet" of W"' Duncan & others respecting a road from Durham
to Concord was brot up read & concurred M'' Sheafe M'' Foster &
M' Hale joined & M"' Rogers
adjourned till tomorrow morning 9 "Clk
TUESDAY Dec" 6 1791
met according to adjournment
Present as yesterda}- —
A vote for a Com""' to join a Com"'"' of the Senate to consider
of the pet" of Benj" Brown jun'' was brot up read & concurred M''
Sheafe joined
A vote to pay the ace" of Jon'' M Sewell [amount" to £15] for
service as Sec'' to the Convention in 1783 was brot up read &
concurred
*4-34 *A vote to hear the pet" of Moses Blake (who prays for
I791] JOURNAL OF THE SENATE. 37I
the privilege of keeping a ferry over Connecticut River) on the
second Thursday of their next Session was brot up read and con-
curred
A vote for a Com""" to join a Com"' of the Senate to consider
of the Acc° presented by the Com"*^ appointed to settle the ex-
pences of the Light Hous was bro' up read & concurred M' Top-
pan M'' Rogers & M'" Peabody joined
A vote that the vacancy in the Senate occasioned by the resig-
nation of Robert Means Esq be filled up as soon as may be
agreeably to the Constitution was bro' up read & concurred
a vote for a Com'" to join a Com"" of the Senate to consider of
the pet" of John Pendexter & others was brot up read & concurred
M' Hale & M'" Waldron joined —
A vote for a Com""' to join a Com"'" of the Senate to consider of
the Pet" of Henry Y. Brown was bro' up read and concurred M"'
Kingsbury joined —
A vote granting the prayer of the petition of John Peirce
Attorney to John Fisher was brot up read & concurred
The Hon Senate met with the Hon House in their Chamber
and proceeded in the choice of a Senator in the room of the Hon
Robert Means & the ballots being taken it appeared that the Hon
Charles Barrett Esq was unanimously chosen
A vote granting the prayer of the pet" of Jn° Bryant (who
prays for a ferry over Merrimac River) and giving him leave to
bring in a bill accordingly was brot up read and concurred
Adjourned till to morrow morning 9 "Clock
WEDNESDAY Dec 7, 1791
met according to adjournment
Present as yesterday with the addition of M' Barrett
* A vote to accept the report of the Com"=" appointed to * 4-35
settle the ace" between the State & W'" Gardner Esq late
Treasurer was bro' up, read & concurred
A vote for a Com'"' to join a Com"'" of the Senate to consider of
the pet" of John Mendum was bro' up read & concurred ]\P
Rogers joined
A vote to hear the pet" of Benj Brown on Friday 16 of Dec
Ins' was bro' up read & concurred
A vote for a Com'"' to join a Com'"" of the Senate to consider of
the pet" of Jon" Freeman in behalf of the Trustees of D [Dart-
mouth] College praying for the loan of a sum of money was brot
up read and concurred M" Hale & M' Foster joined —
372
NEW HAMPSHIRE EARLY STATE PAPERS. [^79^
A vote granting the prayer of the petition of Jeremiah Page
and giving him leave to bring in a bill accordingly was brot up
read & concur''
A vote for a Corn''" to I'oin a Com'"' of the Senate to consider ot
the Memorial of Bradbury Cilley was brot up read & concurred
TvP Rogers NP Toppan M'" Barrett & M'' Kingsbury joined
A vote granting the prayer of the pet" of Thomas Pennyman
in behalf of [the town of]"^ Washington and giving him leave to
bring in a bill accordingly was brot up read & concurred
A vote that Tamworth Eaton & Burton be considered as a class
for representation and that they have liberty to elect and send a
representative to the Gen' Court in future was brot up read &
concurred
A vote granting the prayer of the pet" from Conway Bartlett &
Locations and that a Resolve be brot in accordingly was brot up
read & concurred
A vote to postpone the hearing on the pet" of the Selectmen of
Ossipee till tomorrow was brot up read & concurred
* 4-36 * A vote granting the prayer of the petition of the Select-
men of Cockermouth, that they have leave to raise a tax
of one penny '^ acre for two years on all the lands in s'^ Town
except the undivided lands and that they have leave to bring in a
bill accordingly was bro' up read & concurred with this amend-
ment, that instead of one penny '^ Acre for two years, there be
liberty to raise a tax of two pence ^ Acre for one year upon all
lands in s" town except public lots or rights and except the undi-
vided lands and that two years be allowed for completing the
payment
Sent down for concurrence — brot up cone''
A vote to postpone the hearing on the pet" of Jaasiel Herriman
till the second Wednesday of the next Session was bro' up read &
concurred
A vote for a Com"'' to join a Com""'' of the Senate on the pet"
from Conway [and] Shelburne & report their opinion respecting
the same was brot up read & concurred M' Hale [Page] & M""
Sheafe joined
A vote granting the prayer of the pet" of the Selectmen of Chi-
chester & giving them leave to bring in a bill accordingly was
brot up read & concurred —
An Act to alter the name of John Peirce the third to Edward
John Peirce having been read a third time volcd that the same be
enacted
Adjourned till tomorrow morning 9 "Clock
1791] JOURNAL OF THE SENATE. 373
THURSDAY Dec 8, 1791
met according to adjournment
Present as Yesterday
a vote to hear the pet" from Amherst praying to be sett off from
I*' Parish on Second Tuesday of the next Session was brot up
read & concurred with this alteration that the name of
Charles Barrett Esq be inserted instead * of Jacob Abbot, * 4-37
Esq — Sent down for concurrence — brot up concurred
A vote for a Com'"' to join a Com'"" of the Senate to consider of
the pet" of Jer'' Eastman et alius & report thereon was brot up
read & concurred M'' Toppan & M'' Waldron joined.
A vote for a Com'"' to join a Com'"' of the Senate to take under
consideration the Resolve respecting Post routs & report thereon
was brot up read & concurred M' Peabody & M' Wallace joined
A vote for a Com'" to join a Com'° of the Senate to consider of
a letter from J' Macgregore Esq was bro' up read & concurred M''
Peabody & M^ Page joined
A vote for a Com'" to join a Com"' of the Senate to consider of
the pet" of Jn° Trott was brot up read & concurred M"' Kingsbury
joined —
A vote for a Com'* to join a Com'"' of the Senate to consider of
the pet" of Samuel Sherburne was bro' up read & concurred AP
Foster M'' Wallace & M"^ Barrett joined —
A vote for a Com"'' to join a Com'"' of the Senate to consider of
the pet" of Col W" Gregg & report thereon was brot up read &
concurred M' Page joined
A vote for a Com"^^*" to join a Com of the Senate to consider of
the pet" of Joseph Bell & report thereon was brot up read &
concurred M'' Barrett Joined —
A vote granting the prayer of the pet" of Henry Millan [in
behalf of] Stephen Harford so far as that he have a trial [on the
merits] original Suit and have leave to bring in a bill accordingly
was brot up read & concurred
A vote that the remainder of the hearings wh'''' were to have
been this day be postponed till tomorrow was brot up read & con-
curred —
*A vote for a Com""'' to join a Com"'' of the Senate to *4-38
consider of the pet" of John Reed was brot up read &
concurred M'' Peabody & M'' Sheafe joined
A vote appointing a Com'' to fix on the place in which the road
shall Run from Conway to Shelburne and report a plan &c was
brot up read & concurred —
374 NEW HAMPSHIRE EARLY STATE PAPERS. 1^19'^
An Act granting to Joseph Kimball Esq the exclusive right or
privilege of making Waterqueechee falls in Connecticut! River
navigable for Boats having been read a third time rofcd that the
same be enacted —
A vote granting the prayer of Nath' Gilman and giving him
leave to bring in a bill accordingly was brot up read & concurred
A vote that a Com"''' be appf' who shall at the expence of the
State look out & fix on the tract in which the road shall run from
Conway. to Shelburne &c &c was brot up read and concurred
Adjourned till tomorrow morn*-' 9 "Clk
FRIDAY Dec 9 1791
met according to adjournment
Present as yesterday
A vote for a Com"'*' to join a Com"'' of the Senate to consider
of the Ace" of John Morse was brot up read & concurred M''
Wallace joined
A vote for a Com"'" to join a Com"*'' of the Senate to consider
of the pet" of Tho" Tash was bro' up read and concurred M"^ Wal-
dron joined —
A vote to hear the pet" of Jon" Warner on Thursday next was
brot up read and concurred
A vote for a Com"" to join a Com"" of the Senate to
•4-39 consider of the pet" of William V^ans *was bro' up read
& concurred M'' Peabody and M'' Rogers joined
A vote for a Com"" to &c [join a committee of the Senate] on
the pet" of Susanna Dodge was brot up read & concurred M'
Sheafe joined
A Resolve that the Towns of Conway Bartlett & the locations
to the North of Bartlett together with Sterling Arch'" Stark &
Sam' Starks Locations South of s'' Conway have liberty to send a
member to the Gen' Court — And that Tamworth Eaton & Burton
have liberty to send a member to sd Court was bro' up read &
concurred with this Amendment that the Locations viz Caldwells
M" Neils & Martins be added to Tamworth Eaton & Burton —
Sent down for concurrence brot up concurred —
A vote for a Com"'" to join a Com"' of the Senate to consider
of the pet" from Hawke was brot up read & concurred M' Sheafe
joined
A vote allowing Joseph Bell 3o£ for Doctors Bills &c was brot
up read & concurred
1791] JOURNAL OF THE SENATE. 375
A vote for a Com""= to join a Com""' of the Senate to consider
of the pet" of E Triskelt was brot up read & concurred M"' Foster
joined —
A vote for a Com"" to join a Com"'" of the Senate on the pet"
of Jon" Tenny was bro' up read & Nonconcurred
A vote for a Com"'' to join a Com"'" of the Senate to consider
whether & what aherations shall be made in the lines of the sev-
eral Counties was bro' up read & concurred M"' Peabod}' M' Page
M'' Wallace & M'' Waldron joined
*A vote for a Com"'" to join a Com"'" of the Senate to *4-40
wait on the Hon Nath' Peabod}' Esq one of the Com"'" for
revising the laws &c and inquire how far said Com"" have pro-
ceeded &c was brot up read & concurred M" Toppan joined —
A vote for a Com"" to join a Com"" of the Senate to consider
of the Pet" of Tim" Gibson and Samuel Dodge & report thereon
was bro' up read & concurred M'' Rogers joined —
A vote granting the prayer of the pet" of John Blunt & others
and giving them leave to bring in a bill accordingly was brot up
read and concurred.
State of New Hampshire
In Senate December 9"' 1791 —
Whereas sundry Towns & places in the Northerly part of this
State and the Inhabitants thereof have been taxed for a number of
years past some of the Towns & many of the Inhabitants are
poor, and have at different times petitioned the General Court for
an abatement or discharge of their taxes — And whereas the Sec-
retary of this State has been ordered to advertize the unlocated
lands in said State for sale and as sundry offers have been made
therefor and as it is highly probable that the offers would be
greatly increased if any method was adopted for the granting of
said lands — Therefore voted that M'' Sheafe and M' Peabody
be a Com'"" with such as the Hon House may join to take into
consideration the above said matters and report thereon Sent
down tor concurrence brot up concurred
A vote granting the prayer of the pet" of J' Wallace and giving
him leave to bring in a bill accordingly was brot up read & con-
curred
A vote for a Com"" to join a Com'"" of the Senate to consider of
the Pet" of Bez' Woodward was brot up read and concurred M'
Barrett joined
*A vote granting the pet" of Mary Tufton Mason and *-4-4i
giving her leave to bring in a bill accordingly was brot up
read & concurred
376 NEW HAMPSHIRE EARLY STATE PAPERS. L'^79^
A vote to postpone the hearing on the petition of Josiah Hast-
ings until the second Tuesday of the next Session was brot up
read & concurred
A vote accepting the resignation of Santbrd Kingsbury Esq as
one of the Corns"" [committee] on Continental Ace"' was brot up
read & concurred
A vote to pay the Acc° of S Kingsbury Esq amount" to £13.15.0
as one of the Comsn"* [committee] on Cont' Ace"' was brot up read
and concurred w* granted
Adjourned till tomorrow morning 9 "Clock
SATURDAY Dec 10'" [1791]
met according to adjournment
Present as yesterday —
A vote that Eliph' Ladd receive io£ for his Services as Post rider
in the County of Strafford for the last 6 months was brot up read
& concurred —
An Act making provision in case of the death resignation or
removal from Office of the Sheriff of any County having been
read a third time voied that the same be enacted
A vote granting the prayer of the pet" of J Mendum and giving
him leave to bring in a Resolve accordingly was bro' up read &
concurred —
A vote for a Com"^** to join a Com''"' of the Senate to take under
consideration what business is yet necessary to be done — adjourn-
ment &c was brot up read & concurred M' Peabody & M' Hale
join''
An Act for laying out a road from Concord to Durham falls &
Newmarket bridge having been read a third Time voted that the
same be enacted
•4-42 *An Act to ]egalize the exchange of certain lands in the
Town of New Grantham & for abating a tax laid on s''
Town for the payment of a Representative having been read a
third time voted that the same be Nonconcurred —
An Act for regulating the fishery in Connecticutt River having
been read a third time voted that the same be enacted.
An Act impowering the Children of John Fisher to hold real
Estate in this State having been read a third time voted that the
same be enacted
An Act to vest the exclusive right & privilege of keeping a
ferry over a certain part of Merimac River in John Bryant of
1791] JOURNAL OF THE SENATE. 377
Bow his heirs & assigns having been read a third time voted that
the same be enacted —
An Act in addition to an Act passed the i8"' of June A D 1789
intitied an Act for regulating Schools in this State and tor repeal-
ing all Acts heretofore made respecting the same, having been
read a third time, on motion being made that the Yeas & Nays be
taken they were as follows viz
Yeas. Yeas. Yeas.
M-- Nath' Rogers M"- Cha^ Barrett M'- James Sheafe &
Rob' Wallace Abiel Foster Sanford Kingsbury — 6
Nays. Nays. Nays.
Ml- Nathi Peal)odv Mr Christ" Toppan M'' Will'" Page — 5
John Waldron Sam' Hale
And so it was enacted —
Adjourned till Monday ne.xt 3 "Clok P M
MONDAY Dec 12"' 1791
met according to adjournment
present as on Saturday last —
An Act to vest in John Young his heirs & Assigns the sole &
exclusive privilege of Building Chimneys & altering those already
built agreeably to a discovery & invention of the said
Young according * to the description of said discovery & * 4-43
invention lodged in the Office of the Sec'' of s'' State hav-
ing been read a third time voted that the same be enacted
An Act to empower the Inhabitants of Cockermouth in the
County of Grafton to levy a tax on all the lands (public lots «&
undivided lands excepted) in s'* Town for making & repairing the
highways having been read a third time voted that the same be
enacted.
An Act to restore Stephen Harford to his Law having been
read a third time voted that the same be enacted.
A vote for a Com"'' to join a Com"' of the Senate to nominate
four persons — two of whom to be a committee to settle all acco'
due to the State prior to June 1784 &c was brot up read & con-
curred M' Sheafe M"' Barrett & M"' Hale joined —
A vote for a Com"'^ to join a Com"'*' of the Senate to consider of
the pet" of John Tanner was brot up read & Nonconcurred
A vote for a Com"''' to join a Com"''' of the Senate to take under
consideration & report what shall be done respecting lands that
have been heretofore located in this State where the conditions of
378 NEW HAMPSHIRE EARLY STATE PAPERS. [l79I
the grants have not been complied with was brot up read & con-
curred AP Toppan & M' Sheafe joined —
A vote for a Com"''' to join a Com"=' of the Senate to consider of
the pet" of Phinehas Parker was brot up read & concurred M'
Foster joined
Adjourned till tomorrow morn' 9 "Clock
TUESDAY Dec 13 1791
met according to adj'
Present all the Senate —
An Act to restore Jonathan Wadleigh to his law having been
read a third time voted that the same be enacted
* 4-44 * A vote to accept the report of the Com"'" on the petition
of Tim° Gibson & Sam' Dodge that the bonds mentioned
in s'' pet" be remitted &c was brot up read & concurred
A Resolve on the pet" of W"' Vans respecting Errol & Mills-
field that a further term of Ten years from the pass" of this
Resolve be allowed s'' proprietors to complete the settlem' of s*"
Townships provided that within one ^-ear from the pass- this
Resolve the Prop'" of Errol pay into the Treasury of this State
the sum of £118. .6 — and the Prop'' of Millsfield pay £101. .8
was brot up read and concurred
A vote to hear the pet" of Phinehas Parker on the second
Thursday of the next Session & that all &c [further proceedings
against said Parker be stayed,] was brot up read Sa concurred
A vote for a Com''"' to join a Com'"'' of the Senate to consider of
the pet" of Joseph Kimball was brot up read & concurred M"^
Foster & M' Dow joined —
A vote for a Com"''' to join a Com""* of the Senate to consider of
the pet" of Benjamin Lamson was brot up read & concurred AP
Barrett joined —
A vote granting the prayer of the petition of Betsa Curtis and
giving her leave to bring in a bill accordingly was brot up read &
concurred
A vote for a Com""' to join a Com""* of the Senate to take under
consideration a Letter from Doc"'"' Tenny & Parker respecting
Invalids was brot up read & concurred [M'' Dow & M'' Rogers
joined — ]
A vote granting the prayer of the petition of Sam' Duncan and
giving him leave to bring in a bill accordingly was bro' up read &
concurred
I791] JOURNAL OF THE SENATE. 379
* A vote for a Com"''' to join a Com""' of the Senate to * 4-45
consider of tlie Memorial of Capt Titus Salter was brot
up read & concurred M'' Toppan & M'' Rogers joined
A Resolve that certain penalties be remitted unto Tim" Gibson
& Sam' Dodge provided the s'' T [Timothy] Gibson and Sam'
Dodge shall at or before the next S C [Superior Court] for s''
County pay all legal costs that have arisen in consequence of the
prosecution vs s'' [one David] Dodge & on ace" of the forfeitures
incurred by them was brot up read «& concurred —
A vote on the pet" of the Selectmen of Dorchester that a bill be
brot in for raising 2 pence '§ Acre on all lands in s'' Town for one
year was brot up read and concurred
A vote for a Com'"' to join a Com"'' of the Senate on the pet of
Joseph Kenniston was brot up read & concurred M'' Foster joined —
Adjourned till tomorrow morning 9 "Clock
WEDNESDAY Dec« 14 1791
met according to adjournment
present as yesterday except JVP Kingsbury
A vote that the Sec' be directed to procure 200 printed copies
of the Act respecting Schools passed this Session that the same
may be distributed at the close thereof to the several towns in
this State was bro' up read & concurred
A vote granting the prayer of Susanna Dodge and giving leave
to bring in a bill accordingly was brot up read & concurred
An Act ibr assessing two pence per Acre on the Nonresidents
lands in Chichester for repairing a road through said Town hav-
ing been read a third time vo/cd that the same be enacted.
A Resolve that the Town of New Grantham be abated the sum
of five pounds and that s'' five pounds be charged to the town of
Cornish was brot up read and concurred
* A vote for a Com"'' to join a Com"''' of the Senate on * 4-46
the pet" of L' J' Gould an Invalid was brot up read & Non
concurred
A vote for a Com"' to consider of the pet" of Benj ' Tripp was
brot up read & Nonconcurred
A vote to postpone the hearing on the pel" of John Tasker Esq
to the Second Wednesday of the next Session Also the pet" of
Eaton & Burton to the same time was brot up read & concurred.
An Act to restore James Wallace to his law having been read a
third time z-o/cd that the same be enacted —
380 NEW HAMPSHIRE EARLY STATE PAPERS. [l79I
A vote that M"' Rogers M"' Dow M"' Peabody M' Toppan M'
Sheafe & A'P Page with such of the Hon^'"' House as they may join
be a Com'" to consider a report of one of the Com'"' for revising
the laws — and to examine the printed Sheets of laws b}' him
exhibited & report what further measures are necessary to be taken
for completing the Code was sent down for concurrence brot up
concurred
A vote granting the prayer of the pet" of Joel Doolittle was brot
up read & nonconcurred
A vote to hear the pet" of Sam' Sherburne on Tuesday next was
brot [up] read and concurred
A vote granting the prayer of the petn of Joseph Peirce and
giving him leave to bring a Bill accordingly was brot up read and
concurred
A vote to postpone the remainder of the hearings which were to
have been this day untill to morrow was brot up read and con-
curred
A vote granting the prayer of the pet" of Tho^ Pinkham and
giving him leave to bring in a bill accordingly was brot up read
and concurred
* 4-47 * An Act altering the time of holding the annual meeting
in Dunbarton having been read a third time voted that
the same be enacted
A vote on the pet" of H [Henry] Y Brown that an Act be passed
empowering the Judge of Probate for the County of Rockingham
to appoint Comsn"^ to examine such further Claims against the Es-
tate of the late Gov' Wentworth &c was brot up read & concurred
Adjourned till to morrow morning 9 °Clk
THURSDAY Dec 15 1791
met according to adjournment
Present as ^-esterday
A vote granting the prayer of Alex'' Plumley and giving him
leave to bring in a bill accordingly was brot up read & noncon-
curred
A vote to postpone the remainder of the hearings which were to
have been this day untill to morrow was brot up read & concurred
A vote for a Com'" to join a Com'"' of the Senate to consider
of the pet" of Smith Emerson was brot up read & concurred M''
Waldron joined
Adjourned till to morrow morn'^ 9 "Clk
179^] JOURNAL OF THE SENATE. 381
FRIDAY 16 Dec'' 1791
met according to Adjm'
Present as j'esterday
An Act to impower Nathaniel Oilman Esquire to sell certain
real Estate of Mary Ann Odlin & Charlotte Odlin having been
read a third time voted that the same be enacted.
A vote for a Com'"'" to join a Com'"" of the Senate consider of a
bill respecting an equitable method of making rates &c was brot
up read & concurred M'' Dow & M'' Foster joined —
A vote for a Com'"" to join a Com'"" of the Senate to consider of
the pet" of the Selectmen of Durham et alii — (Newmarket bridge)
was brot up read & concurred Foster & M"' Sheafe joined —
a vote that the order drawn in fav'' of the Parish of Deerfield
Amo'^' to £259. .0.. 7 is now justly due that it ought to be paid in
Certificates &c &c was brot up read & concurred —
* A vote for a Com'" to join a Com'" of the Senate to * 4-48
consider of the pet" of Moses Kelley was brot up read &
concurred M"' Wallace joined
A vote for a Com'" to join a Com"* of the Senate to consider of
the Ace" of I Rollins Esq was brot up read & concurred M"' Barrett
joined —
A vote for a Com'"" to join a Com'"" of the Senate to consider of
the pet" of Sam Silsby was brot up read & concurred M"' Page
joined
Adjourned till to morrow morning 9 "Clock
SATURDAY Dec 17 1791
met according to adjournment
Present as yesterday
a vote of yesterday that the remainder of the hearing which
were to have been on s'' day be postponed until tomorrow was brot
up read & concurred.
A vote for a Com'"" [to join a committee of the Senate] to con-
sider of a pet" from New Castle was brot up read & concurred M''
Barrett joined —
a vote granting the prayer of the Pet" of Daniel Rindge & others
and giving him leave to bring in a bill accordingly was brot up
read & concurred
A vote granting the prayer of the pet" of D. Webster and giving
him leave to bring in a bill accordingly was brot up read & Non
concurred
382 NEW HAMPSHIRE EARLY STATE PAPERS. [179^
A vote to postpone the remainder of the hearings vvh'''' were to
have been heard this day till Tuesday next was bro' up read &
concurred
A vote referring the pet" of Wheeler to the Com'*^ on
located lands was brot [up] read & concurred
Adjourned till monday next 3 °Clk P M
MONDAY Dec 19 1791
met according to Adj
Present as on Saturday last
An Act to enable Mary Tufton Mason to take an appeal from a
certain decree of the Court of Probate for the County of Rock-
ingham to the Superior Court next to be holden in the same
County having been read a third time voied that the same be
enacted
* 4-49 * A vote for a Com'^" to join a Com"^® of the Senate on the
pet" of Robert Wier was brot up read & coned M"' Dow &
M'' Wallace joind
A vote granting the prayer of James Nickals and others & giv-
ing them leave to bring in a bill accordingly was brot up read &
concurred
A vote for a Com'" to join a Com*"' of the Senate to consider of
the pet" of Joseph Hammond was brot up read & concurred M'"
Dow and M"' Wallace joined —
Adjourned till to morrow morn^ 9 "Clk
TUESDAY Dec 20 1791
met according to Adjm'
Present as yesterda}-
A vote granting the praj-er of the pet" of Benj" Lamson & that
a bill be brot in accord [ingjly was brot up read <& concurred
A vote for a Com'"' on the pet" of a number of the Inhab'* of
Portsmouth was brought up read & concurred M'' Sheaf e joined —
A vote granting the prayer of the pet" of the Prop'" of Unit}- &
that a bill be brot in accordingly was brot up read & concurred
A vote so far granting the prayer of the pet" of Sam' Smith &
others, as that they have leave to bring forward an action in the
nature of a review & that a bill be brot in accordingly was bro' up
read & nonconcurred
A vote for a Com'"^ on the pet" of Tho* Simpson was brot up
read & concurred M"' Dow joined
I791] JOURNAL OF THE SENATE. 383
A vote to hear the pet" of Smith Emerson on Friday next was
brot up read & concurred with this amendment that he be heard
thereon, on Tuesday next instead of tViday —
Sent down for concurrence — bro' up with a Message that the
House adhere to their former vote — read again and nonconcurred
WEDNESDAY Dec. 21, 1791
met according to adj'
Present as yesterday
A vote of yesterday postponing the remainder of the hearings
which were to have been on s'' day to this day was brot up read &
concurred
* A vote granting the prayer of the pet" of L [Leonard] * 4-50
Whiting in behalf of B Abbott and that a bill be bro' in
accordingly was brot up read & concurred
A vote that Ichabod Rollins receive £15.12.3 in full of his
Demands vs the State was brot up read & concurred
A vote granting the prayer of the pel" of Geo Gains Esq et alii
and that a bill be brot in accordingly was brot up read & concurred
An Act to lay a tax of one penny "^ Acre on the nonresidents
lands in Ossipee for the purpose of making & repairing highways
having been read a third time voted that the same be enacted
A vote to hear the pet" of Susanna Dodge on the second Thurs-
day of the next Session was brot up read and concurred
An Act to impower the Inhabitants of Dorchester in the County
of Grafton to levy a tax on all the lands (public lands excepted)
in said Town for making & repairing the highwa3's having been
read a third time voted that the same be enacted
A vote granting the prayer of the pet" B Brown & that a bill be
brot in accordingly was brot up read & concurred —
A vote for a Com"^^"" on the pet" of W Hall was brot up read &
concurred M"' Toppan joined —
John Reeds pet" was referred to the Com"^^'' on a letter from
Doct"^ Tenny —
A vote to postpone the hearings on the pet"" of G Titf an_v *& A
Sanborn to the second Thursday of the next Session was brot up
read & concurred
x\ vote to postpone the hearing on tlie pet" of [S.] Sher-
burne until Friday next *3 "Clock P M was brot up read *4-5i
& concurred
An Act to impower the Inhabitants of New Grantham in the
384 NEW HAMPSHIRE EARLY STATE PAPERS. [^Tpi
Count}' of Cheshire to levy a tax on all the lands (public lands
excepted) in s'' Town for making & repairing highwa3-s therein
having been read a third time voted that the same be enacted.
A pet" from [the town of] Bartlett was referred to the Com'"'
on County lines —
A vote for a Com'" on the pet" of John Banhll was brot up, read
& concurred M"' Sheafe joined
Adjd till tomorrow morn' 9 "Clock
THURSDAY Dec 22 1791
met according to adj""'
Present as yesterday
An Act to lay a tax of two pence f Acre on all the lands in the
Town of Washington for the purpose of making & repairing the
highways, having been read a third time voted that the same be
enacted
A vote granting the prayer of sundry Inhat' of Lempster, & that
a bill be bro' in accordingly was bro' up read & concurred with
this amendment that any person living on y' part of the premises
which is taken out of Lempster have liberty of polling out of s*
premises to the Town of Lempster & any Inh'" of Lempster own-
ing land in the premises have the same liberty of polling his land
to s" Town any time within one year & that the Contract with the
Revd M'' Fisher be in no way affected by the s'* Act
Sent down for concurrence — brot up concurrd
An Act to authorize the assessment & collection of taxes in the
Township of Coventry in the County of Grafton in said State, having
been read a third time voted that the same be enacted.
•4-52 An Act to impower the Judge of Probate of the * County
of Rockingham for the time being to appoint Commis-
sioners and allow a further time for settlement of the Estate of
Robert Curtis deceased represented insolvent having been read a
third time voted that the same be enacted —
An Act to disannex certain lands in the Town of New Castle
with their Inhabitants from said Town, and annex the same to the
parish of Rye having been read a third time voted that the same
be enacted.
An Act to incorporate certain persons by the name of The New
Hampshire friendly Society having been read a third time voted
that the same be enacted
A vote to hear the pet" of Joseph Hammond on the first Tues-
day of the next Session was brot up read and concurred —
I791] JOURNAL OF THE SENATE. 385
A vote for a Com"'' on the pet" of John Young was brot up read
and concurred M"' Wallace & AP Foster joined —
A vote for a Com"='= to take under consideration all applications
that may be made to them by persons who are indebted to this
State on Excise bonds was brot up read and concurred M' Sheafe
and M'' Foster joined
Adjourned till tomorrow morn^ 9 "Clock
FRIDAY Dec« 23^' 1 791
met according to adj^
Present as yesterday —
An Act to impower Watchmen to apprehend & commit disor-
derly persons as is herein after declared having been read a third
time voted that the same be enacted
A vote to hear the pet" of Robert Wier on the first Tuesday of
the next Session was brot up read «& concurred with this alteration
that all judicial proceedings thereon be not stayed
Sent down for concurrence brot up cone'' with this amendment
that s'' Judicial proceed*-'" be not stayed by order of this Court
A vote granting the praj'er of the pet" of X. R. Cutter and that
a bill be brot in accordingly was bro' up read & concurred
* A vote on the propriety & utility of this States becom- * 4-53
ing a subscriber to the bank now forming in this State
was brot up read and concurred Ar Foster AF Page & M'' Rogers
joined —
In Senate Dec' 23 1791 —
Whereas a Resolve passed the Gen' Court June 13 1791 provid-
ing for the payment of outstanding taxes and the time limited
therein for the Selectm" to complete the Settlement with the Col-
lectors and make return to the Treasurer is expired
Therefore Resolved that the time for the Selectmen to complete
the settlement with the Collectors & to make return thereof to the
Treasurer agreeably to said Resolve be lengthened out till the
first day of March next and that the Treasurer shall receive of
any Collector the tax due from him or any part thereof on his
producing a certificate from the Selectmen of the Town or place
to which he belongs of his settlement with the Selectmen as
provided in said Resolve —
And be it further resolved that when it shall be found that any
town or place have not assessed the Indent or certificate taxes
charged against them or the fines imposed upon them for their
386 NEW HAMPSHIRE EARLY STATE PAPERS. [^791
deficiencies of soldiers or any part thereof & committed the same
to their Constables or Collectors to collect or where such taxes or
fines have been assessed and committed to their constables or col-
lectors to be collected the whole or any part thereof and not paid
the same over to the Treasurer or Selectmen or some other person
or persons or kept the same in his own hands but hath spent or
disposed of the same so that such Town or Place cannot avail
themselves thereof but are obliged to assess and pay the same over
again or any part thereof by reason of such Constables or Col-
lectors having absconded or otherwise become unable to pay the
same — And the Selectmen of such Town or place shall make a
certificate or certificates under their hands & attested by
*4-54 a Magistrate of *what sum or sums of such taxes or fines
have not been assessed & committed as aforesaid or if
assessed, committed & collected by their Constables or collectors
in whole or in part & that such Constables or Collectors have
absconded or otherwise become unable to pay the same and set
forth the sums such Town or place have actually lost and are
obliged to assess & pay over a second time — The Treasurer
upon receiving such certificate be and hereby is directed to receive
seven shillings in Gold or Silver in lieu of twenty shillings in such
Certificates or Indents —
And be it further Resolved that the Constables or Collectors
may pay into the Treasury ten shillings in silver or Gold in lieu
of twenty shillings in Certificates or indents collected of individuals
previous to the passing of said resolve of 13 June —
And be it further resolved that the Treas' be and he hereby is
directed to use his best endeavours to compleat the collection of
all outstanding taxes and that he be & hereby specially directed to
issue Extents for all taxes prior to the j'ear 1789 so as to compleat
the collection thereof by the first Wednesday of June next except-
ing those towns & places where there is or may be any particular
Act Resolve or vote of the General Court to the contrary
Sent down for cone"
A vote granting the prayer of the pet" of Geo JafFrey Esq &
others Sa that a bill be brot in accordingly was brot up read &
concurred
a vote granting the prayer of a pet" respecting Newmarket
bridge and that a bill be brot in accordingly was bro' up read and
concurred
A vote referring the pet" of E Trescott to His Exc'' & Council
was brot up read & concurred
I791] JOURNAL OF THE SENATE. 387
A vote on the pet" of Moses Kelley that a resolve be passed
authorizing the Treas'' to refund s'' Kelley £31.4. in specie
provided it shall appear the Collector *of the Rum tax *4-55
has not been credited for said sum was brot up read and
concurred
Adjd till tomorrow morn- 9 "Clock
SATURDAY Dec 24'" 1791
met according to adjournment
Present as yesterday
A vote accepdng the report of a Com"" on the pet" of Joseph
Kimball that Plainfield have credit for certain Sold"^^ was brot up
read & concurred
An Act to enable Benjamin Brown J"' to review an action in the
Inferior Court in the County of Hillsborough having been read a
third time voted that the same be enacted.
An Act to empower Benj Abbott to review an Action heretofore
brot by him against Sam' Hobart Esq of Exeter having been read
a third time voted that the same be enacted —
Adjourned till monday next 10 "Clock A M.
MONDAY Dec 26 [1791.]
met according to Adjt
Present as yesterday
An Act to authorize James Thurstin Senior of Exeter & Eliza-
beth his wife to convey certain lands having been read a third time
voted that the same be enacted
An Act to incorporate certain persons by the name of the United
Fire Societ}' N° one having been read a third time voted that the
same be enacted. —
A vote for a Com'*^ on the pet" of Philip Hills was brot up read
and concurred M"' Wallace joined —
A vote for a Com"^'' on the pet" of Josiah Oilman Esq was brot
up read «& concurred M"' Rogers joined
A vote granting the prayer of the pet" of Greenfield and giving
leave to bring in a bill accordingly was brot up read and concurred
A vote for a Com'" on the pet" of Joseph Philbrick was brot up
read and concurred M' Toppan joined
A vote that Hon John T. Oilman Esq «& Hon N Rogers be and
hereby are appointed a Com'" with full power to settle all Ace"
due to the State prior to June 1784 & to discharge the same on
388 NEW HAMPSHIRE EARLY STATE PAPERS. [^TP^
receiving such sum or sums or Security therefor as they
•4-56 shall Judge proper was brot up read * concurred with this
addition that M' W'" Page be added to the afores"^ Com""
and that either two of whom shall be impowered to transact said
business and that a Resolve be brot in accordingly
Sent down for concurrence —
A vote for a Com'^" on the Ace" of G [George] Hough was brot
up read & concurred M"' Sheafe and M'' Dow joined —
A vote for a Com"' on the pet" of J' Reed was brot up, read &
concurred M' Wallace & M" Foster joined
Adjd till to morrow morn^ 9 "Clock
TUESDAY Dec 27 1791
met accord^ to adj'
Present as yesterday
Voicd that M' Page AP Rogers AP Dow & AP Sheafe with
such as the hon'*' House may join be a Com'" to take into consid-
eration the proposed Resolve for completing the Collection of the
outstanding taxes & report thereon —
Sent down for concurrence bro' up cone''
An Act to incorporate a certain tract of land into a Township
by the name of Goshen having been read a third time voted that
the same be enacted
An Act to give the force and validity of an original Deed to the
copy of a Deed from the Inhabitants of the Town of Hampstead
to the proprietors of the Town of Kingstown which is now recorded
in the proprietary books of Unity having been read a third time
vo/cd that the same be enacted —
A vote for a Com"^^'' on the pet" of Jn" S Sherburne was brot up
read & concurred M"' Page joined —
A vote to pay the Ace" of Caleb Buswell Amounting to thirty
six shillings [as door keeper to the convention] was brot up read
& concurred
*4-57 "A vote for a Com'"^ on the pet" of Samuel Penhallow J''
was brot up read & concurred M'' Foster joined —
A vote to postpone the hearing on the pet" of the Mas" Propri-
etors till to morrow was brot up read & concurred
A vote granting the prayer of the pet" of Sam' Sherburne and
that a bill be bro' in accordingl}^ was brot up read & concurred
An Act to limit the time of prosecuting Demands against the
estate of Thomas Simpson late of Portsm" Esq deceased having
been read a third time voted that the same be enacted.
1791] JOURNAL OF THE SENATE. 389
A vote of yesterday appointing Hon J T. [John Taylor] Gil-
man & Hon N [Nathaniel] Rogers a Com"" to settle all AcC"
due to the State prior to June 1784 &c which was conc'^ with an
addition that M' Page be added to s'' Com''^^'^^ [and that two of
whom shall be empowered to transact said business and that a
resolve be brought in accordingly] &c which addition was recon-
sidered — on the Question to concur the foregoing vote the yeas
& Na3-s were required and are as follows
Yeas.
Veas.
Yeas.
Yeas.
Mr Waldron
Mr Foster
Mr Sheafe &
Mr Wallace
W liarrctt
Mr Toppan
Nays.
Nays.
Nays.
M-- Hale
Mr Dow &
MrPeabody 3
and so it was concurred
A vote for a Com'"'' to consider & report what is necessary to be
done to carry into effect a Resolve relative to unlocated lands was
brot up read & concurred M'' Page M' Peabody & AP Dow joined
Adjourned till to morrow morn*-' 9 "Clock
WEDNESDAY Dec 28 1791
met according to adjournment
Present as yesterday —
A vote to hear the pet" of Benj Archer on tlie Second Thurs-
day of the next Session was sent down for concurrence — brot up
con''
* An Act to vest the exclusive priviledge of keeping a * 4-58
ferry over a certain part of Connecticut River in Eben''
Brewster his heirs & assigns having been read a third time voted
that the same be enacted
An Act to lay a tax of Two pence "^ Acre on all the lands in
Orford for the purpose of making & repairing highways having
been read a third time voted that the same be enacted
An Act for the Inspection of Pot & pearl Ashes having been
read a third time voted that the same be enacted
An Act in addition to an Act intitled, " An Act to establish an
equitable method of making rates and taxes and determining who
shall be legal voters in town & parish affairs and for repealing
certain Acts herein after mentioned having been read a third time
voted that the same be enacted
A vote to hear the pet" of Philip Hills on the second Friday of
the next Session was brot up read and concurred
39° NEW HAMPSHIRE EARLY STATE PAPERS. [^791
A vote to accept the report of a Com"^ on the pet" of S. Silby
[Silsby] was brot up read & concurred
A vote for a Com"''^ to consider of the pet" of Dorchester was
brot up read & concurred M' Page joined
A vote for a Com'"' on the pet" of D Watson was brot up read &
concurred M" Sheafe j**
A vote granting the prayer of the pet" of Joseph Philbrick and
that a bill be brot in accordingly was brot up read & concurred
An Act to impower Benj" Lamson to sell certain Estate having
been read a third time voted that the same be enacted
An Act to alter the time & place of holding our Superior Court
of Judicature in our County of Grafton having been read a third
time voted that the same be enacted
* 4-59 * An Act for repealing a clause in an Act for regulating
the exportation of Beef & Pork passed the 16'" day of June
last having been read a third time voted that the same be enacted
An Act impowering the Judge of Probate to appoint Commis-
sioners or lengthen out the time for the Commissioners to receive
the claims upon the Estate of His Excellency John Wentworth
having been read a third time voted that the same be enacted
Adjd till tomorrow morning 9 "Clock
THURSDAY Dec 29, 1791
met according to adjournment
Present as yesterda}'
A vote for a Com"' to consider of the pet" of the Mason" Pro-
prietors &c was brot up read & cone'' M"' Peabody M'' Rogers M"'
Barrett M'' Toppan & M' Dow joined —
A vote appointing Thursday the 5'" day of April next to be
observed as a day of public humiliation [and prayer throughout the
State] &c was brot up read & concurred
An Act in addition to and explanation of an Act intitled " An
Act to incorporate the South part of the Society land and sundry
other tracts of land made and passed, the 14"' day of June Anno
Domini 1791 having been read a third time voted that the same be
enacted. —
Voted that M"' Foster & M'' Sheafe with such of the Honorable
House as they may join be a Com'"' to take under consideration
what method shall be adopted to forward on the vouchers of the
Demands of this State against the United States to the Coms"''" on
Continental Accounts —
Sent down for concurrence brot up cone'" & joined —
1791] JOURNAL OF THE SENATE. 39I
Resolved that the Treasurer be enjoined not to issue any extent
for outstanding taxes charged against the Towns of Bath
& Stratford * in the County of Grafton within two years * 4-60
from this date Sent down & brot up coned
A vote for a Com'"' to consider of a Resolve making two districts
for Representation from Bath &c was brot up read and concurred
M'' Dow joined —
adj'' till 9 "Clock
FRIDAY Dec 30 1791
met according to adjournment
Present as yesterday
A vote to hear the petn" from Cockermouth & Plymouth on the
second Wednesda}- of the next Ses" was brot up read & concurred
A vote remitting certain sums in fav'' of New Castle was brot up
read & concurred
A Resolve lengthening the time for Selectmen to make Returns
to the Treas' to i March next was brot up read & concurred
An Act in addition to an Act entided an Act to regulate the
repair of the Bridge over Exeter river from Stratham to New-
market & directing the manner in which the same shall be repaired
in future having been read a third time voted that the same be
enacted
A vote directing the Sec' to procure 200 Copies of a Resolve
respecting outstanding taxes the Acts in addition to an Act to
establish an equitable method of making rates & taxes Also the
Act for the inspection of pot & pearl Ashes to be printed in New-
paper was brot up read & concurred
A Resolve to exonorate Jn" Mendum from the penalty of a cer-
tain bond was brot up read <& cone''
A vote granting the prayer of the pet" of Sam' Penhallow [jun.]
and that a Resolve be brot in accordingly was brot up read & con-
curred
A vote to accept the report of the Com"'"' on the pet" of John
Trott who prayed to have certain Wages p'' him was brot up read
and concurred
* A Resolve that the several Clerks of the Courts of law * 4-61
admit the Com"'' of the Convention to have access to the
records &c in their respective Offices &c was brot up read & con-
curred —
A vote that His Excellencv the President have & receive £200
392 NEW HAMPSHIRE EARLY STATE PAPERS. [179^
as a Salary from June 1791 to June 1792 was brot up read & con-
curred —
A vote that the Chief Justice have & receive £170 as a salary
& the other Justices of s'' Court £130 each as a Salary from June
1 791 to June 1792 the fees the}- may severally receive being
deducted out of said Salary & that the President give order for
the remaind[er] of said sums to be paid in quarterly payments —
That the Treas' receive £240 in full of all his Services, responsi-
bility, Office hire stationary & all other charges — The Attorney
Gen' £60 — The Sec' £50 — said sums to be considered as Sal-
aries from June 1791 to June 1792 was brot up read & concurred
adjd till tomorrow morning 9 "Ck
SATURDAY Dec. 31, 1791
met ace"" to adj'
Present as yesterda}' —
A vote granting the prayer of the pet" of Jn" S. [Samuel]
Sherburne & that the Treas'' govern himself accordingly was brot
up read & concurred with this alteration that he receive a State
Note dated the 31 July 1788 with Interest
Sent down for concur'"' brot up concur''
A vote to hear the pet" of Sarah Gray on the Second Thursday
of the next Session was brot up read & concurred
A vote that the Gen' Court by the Constitution to be convened
on the first Wednesday in June next, meet at Dover was brot up
read & concurred
An Act to impower Sam' Silsby to review an Action brot agains
him by Ebenezer Corbin late of Acworth now of Charlestovvn hav-
ing been read a third time voted that the same be enacted
•4-62 *A Resolve adjourning the I C [Inferior] Court of Com"
Pleas in the County of Rockingham to the last Tuesday
of Feb next and the I. C. [Inferior] Court of Com" Pleas in the
County of Stratlbrd to the second Tuesday of March next, was
brot up, read »& concurred
A vote granting the prayer of the pet"" from Littleton & Dalton
and that a bill be brot in at this or the next Session accordingly
was brot up read and concurred
Adjd till Mondav next 10 "Ck A M
1792] JOURNAL OF THE SENATE. 393
MONDAY Jany 2, 1792
met according to adj'
Present as yesterday
A vote that Dudley Watson be allowed to pay into the Treas''
7s in silver in lieu of 20s in Certificates or Indents was brot up
read & concurred
An Act for adjusting Accounts & collecting sundry Debts due to
this State prior to the year 1784 having been read a third time
voted that the same be enacted
A vote appointing a Com"' to bring in a bill for correcting the
errors in certain Acts was brought up read and so far concurred
as that M" Page and M' Dow be joined to the above Com'" for
the purpose of pointing out the most eligible mode for correcting
the errors in the original bills
Sent down for concurrence brot up concurred
A Resolve that one half of the Courts of law in the County of
Hillsbor" after the expiration of two years be held in some Con-
venient place in the Northerly part of s" County «& That Tho'
Bartlett Tho' Cogswell & Lemuel Holmes Esq" be a Com'" to
determine the place was brot up read & concurred
A vote to pay O Silsby £3. .13. .6 for postage of public papers
was bro' up read & cone''
* A vote for a Com"' to consider of the pet" of Silas Bet- * 4-63
ton was brot up read & concurred M" Wallace joined
A vote the M'' Peabody M'' Toppan and AP Waldron with
Such of the Hon House as they may join be a Com"= to nominate
three persons one of whom to be appointed to preach an election
Sermon on June next before the General Court
Sent down for concurrence brot up joined [concurred] —
A Resolve respecting Invalids that all commissioned [and]
non-Commissioned Officers & alii who have been refused or struck
off the list ma}' make application to Docf" Sam' Tenney & Wil-
liam Parker for examination who are continued inspectors of
Invalids &c was brot up read & concurred.
A Resolve that Samuel Penhallow Jun'' be and hereby is exon-
erated from the penalties of a certain bond signed by him and
one John M"' Adams was brot up read & concurred
A vote that the Council receive 9s %? day in the recess of the
Gen' Court — that the allowance for the attendance & travel of the
Senate & House & their Officers be the same as at the last Ses-
sion — that the assistant Clerk have travel as a Member and that
394 NEW HAMPSHIRE EARLY STATE PAPERS. [^792
the wages of the Rep' be added to the State tax of the several
Towns &c was bro* up read & concur''
A vote for a Com'"'' on settling unlocated lands was brot up,
read & Nonconcurred
adjd till tomorrow morning 9 °Ck
TUESDAY Jan^ s" ^19^
met according to Adjournm'
Present as yesterday —
A vote that the time for the Commissioners of this State to
receive &. adjust the claims of this State against the united
*4-64 States be lengthened out untill *the 15 of June next was
brot up read & concurd reconsidered
An Act to establish a Bank in this State & to incorporate the
subscribers thereto having been read a third time voted that the
same be enacted.
An Act to prevent nusances having been read a third time voted
that the same be enacted
A vote to pay the ace" of Hon John Calfe Esq amounting to
£9..i5..o was bro' up read & concurred
A vote to pay the Acc° of M L Neal amounting to 15s was brot
up, read & concurred
A vote for a Com'"' to report what further measures may be
necessary to compleat the revision & impression of the laws — was
brot up read & concurred M'' Rogers Sc M'' Page joined
A vote that the Treas'' be & is hereby directed to send on to
Philadelphia such vouchers as have been collected for the pur-
pose of supporting the claims of this State against the United
states in the mail &c was brot up read and concurred
A vote to pay the Ace" of N Rogers & N Oilman amount- to
£io..i8..o was brot up read & cone''
A vote to pay the Acc° of N Adams Esq amount' to £i8..i9..o
was brot up read & concurred
A vote to hear the pet" of Silas Betton on the first Tuesday of
the next Session was brot up read and concurred
Adjd till tomorrow morning 9 "Ck
WEDNESDAY Jan^ 4'' 1792
met according to adjournment
Present as yesterday —
A vote that John Reed be put on the list of Invalid pensioners
was brot up read & concurred
1792] JOURNAL OF THE SENATE. 395
* An Act empowering Joseph Philbrick to sell certain *4-65
estate having been read a third time voted that the same
be enacted —
An Act in addition to an Act entitled An Act ordering the
descent of intestate estates & impowering the Judge of Probate to
settle the same accordingly having been read a third time voted
that the same be enacted
A Resolve that the Treas'' be & is empowered to pay Gen' Reid
£41.10.9 in specie — the Interest due on a Registered Certiticate
at the rate of 9s on the pound also the bal. due to sd Reid when
he shall transfer the Int aforesaid was brot up read & concurred —
A vote that the Mason" Prop"" pay into the Treas'' N H State
Notes so much with what State Notes they have already paid
upon s'' bond as will amount to 6333 J Dollars & that they have
liberty to discharge the balance both Interest & principal y' will
then remain due on s'^ bond by paj-ing 7s in specie in lieu of and
in full for cash 20s of the nominal sum of s'' balance was read —
on motion to concur s'' vote the yeas & Nays were required & as
follows —
Yeas.
AK Rogers
iM-- Sheafe
AK Toppan
Yeas.
M' Hale
Af Waldron
Yeas.
Mr Foster
-Mr Barrett
Yeas.
Mr Dow &
Mr Peabody
Nays.
M-- Wallace &
Nays.
M-- Page
[Yeas 9 — Nays 2.] & so it was concurred.
* A vote to hear the pet" of Benj" Ham of Portsm" on * 4-66
the iirst Tuesday of the next Session was bro' up read &
concurred with this amendm' that s"^ Twombly have personal notice
three weeks prior to the sitting of the Court by having a copy of
the pet" & order of Court left with him — And if s'' Twombly is
not in the State so as to have y" benetit of the above notice then s'*
hearing to be postponed to the ne.xt Session of y'^ Court after he
shall have received s'' notice and that the execution be not stayed
by order of this Court Sent down brot up concurred
An Act in addition to an Act passed the 17'" day of June last
entitled An Act suspending the operation of sundry Acts therein
enumerated & referred to until a certain period having been read
a third time — passed to be enacted Sent down — brot up concurred
A Resolve that the Treas"' of this State be and hereby is au-
thorized to receive the Interest that has or may become due to this
State from the united States in public Securities funded or un-
396 NEW HAMPSHIRE EARLY STATE PAPERS. [179^
funded and to give proper discharges therefor was Sent down for
concurrence brot up concurred
A vote that the Treas'' be directed to receive from the Town of
Westmoreland an order in favor of s* Town dated Aug 3 1791 &
issue a Note for the same on interest from the time the order be-
came payable was brot up read and concurred
A Resolve that the Members of the Com""" of Convention be
allowed the same travel & Attendance on the duties of their ap-
ptm' as the members of the Council are allowed in the recess of
the Gen' Court was bro' up read and concurred
* 4-67 * An Act authorizing the collection of County taxes which
are or may be assessed upon non resident lands in unin-
corporated Towns and places within this State having been read
a third time voted that the same be enacted
A vote that there be a new and correct edition of the State laws
as now amended with a suitable type & paper — And that some
suitable person be appointed to superintend the same was Sent
down brot up concurred
An Act to prevent damage which may be done by lumber to
the owners of lands lying on and adjoining Connecticut River &
Merrimac River having been read a third time voted that the same
be enacted
Adjd till tomorrow morning 9 "Clock
THURSDAY Jan^' 5 — 1792 —
met according to Adjt
Present as yesterday —
A Resolve requesting the Treas"' to receive from the proper
officer «& forward on to Philadelphia such vouchers as have been
collected for the purpose of supporting the claims of this State
against the united States — s'' papers to be left in the post Office
putting them up in convenient packages & addressing them to the
board of Coms"" of the united States under care of the Represent-
ative or Representatives of this State was brot up read »& concurred
A vote for a Com'""^^ to converse with & receive proposals from
the Printers relative to printing the new edition of the laws was
bro' up read & concurred with this amendm' that the Com'" have
full power to agree with the Printer M' Dow & M" Rogers joind
A vote that the Rev'' Ebenezer Thayer be & hereby is appointed
to deliver an election Sermon on June next before the
*4-68 General Court and that * His Excellency the President
1 79-] JOURNAL OF THE SENATE. 397
be requested to inibrm him thereof that he may seasonably prepare
therefor
Sent down for concurrence bro' up Nonconc''
A Resolve enrolling several persons as Invalids and that His
Exc-^' be requested to forward the list of pensioners together with
this resolve to the Senators & Rep' of this State to congress was
brot up read & concurred —
A vote to pay Geo. Hough £8..8..o in full of his Ace" for
printing was brot up read & coned
A vote to pay Henry Ranlet £4..8..o in full of his demand for
printing, was brot up read & concurred
An Act in addition to an Act passed february 7 1789 entitled an
Act to establish an equitable Method of making rates and taxes
& determining who shall be legal voters in town & parish affairs
and for repealing certain Acts herein after mentioned having been
read a third time voted that the same be enacted
A vote that Maj Bradbury Cilley be abated £200 on his Excise
bonds & no further abatement on his bond shall hereafter be made
was brot up read and concurred
A vote that Mess'" Peabody & Macgregore be abated on their
Excise bonds the sum of £330 & no further abatement to be made
on their bonds was brot up, read & concurred —
A vote that Peter Cushing be abated on his Excise bond com-
mencing Oct" 1788 the sum of £50 and that no further abatement
on his bonds shall hereafter be made was brot up read & concurred
A vote that Dan' Warner & Co. Collectors of Excise be abated
on their Excise bonds for the j-ears following Oct" 1788 the sum
of £110 & that no further abatement shall hereafter be made was
bro' up read and concurred
* A vote that the several abatements made or that shall * 4-69
be made at this Session of the General Court to any Ex-
cise Master shall not take effect until the excise Master shall pay
the remainder of what will be due after deducting said abate-
ments and that the Interest on such Bond be first added to the
principal & the abatement be deducted from the present amount of
principal & interest and not from the original demand, was brot
up read and concurred.
A vote that the Secretary provide two correct copies of the laws
as now revised & amended, one of which shall be delivered the
Printer Jn" Melcher, the other to Nathaniel Adams Esq, by which
copies the laws of the State shall be printed & corrected" — And
AP Adams shall retain in his hands one set of corrected sheets of
398 NEW HAMPSHIRE EARLY STATE PAPERS. [^792
the whole edition for the inspection of the General Court, in order
if necessary to compare them with one of the said original cop-
ies — And said Melcher shall deposit from time to time one cor-
rect sheet of the whole sett in the hands of M"' Adams for the
above purpose — was Sent down brot up concurred
A vote that the Treasurer call on all persons indebted to the
State for impost or Excise to pay or renew their respective bonds
with Interest by the twenty second day of March next with such
Sureties as the Treasurer may require and that he issue extents
against all persons who shall refuse or neglect to comply with
this order was Sent down brot up concurred
* 4-70 * A vote that the Treas' call on all persons indebted for
Impost & Excise to renew their bonds by 22 Feb next was
brot up read and Nonconcurred —
Adjourned till to morrow morning 9 "Clock
FRYDAY Jan^ 6'" 1792
Met according to adjournment
Present as yesterday
A vote that the Rev'' Docf Haven the Rev"* Buckminster the
Rev'' M"' Ogden & the ReV M' Walton receive out of the Treas''
30s each as Chaplains to the General Court was brot up read &
coned
A vote that the Treas' be desired to attend at Concord in Feb''
was brot up read & coned
A vote on the pet" of J S. Sherburne that the Treas' be directed
to receive the order therein mentioned in paym' of any outstanding
taxes was brot up read & concurred —
A vote that M' Morrison be appf' to preach the Election Sermon
was brot up read & concurred
An Act to enable Sam' Sherburne & John Sherburne of
Portsm" Esq'''* to review in a certain Action — On the Question,
shall it be enacted, the yeas & nays were required & as follows
Yeas. Yeas.
M"" Wallace Mf Foster
W Barrett Af Dow
Nays. Nays.
W Waldron M"- Sheafe
M'' Toppan
And so it was enacted.
Yeas.
Yeas.
Mr Peabody &
Mr Rogers —
N.ays.
Nays.
M^ Hale &
Mr Page — 5
1792] JOURNAL OF THE SENATE. 399
A Resolve that His Exc'' be requested to write to the executive
of Com"wealth of Massachusetts upon the subject of allowing
pot & pearl Ashes manufactured in this State & inspected &
branded for importation to be exported from Com"^^' of Massachu-
setts without further inspection was read & concurred
A vote to pay Geo J [Jerry] Osborne £7..io — in full of his
ace" for printing was bro' up read & concurred
A vote to accept the report of a Com'*^ on print*^ a new edition
of the laws was bro' up read & concurred
* A vote that John Melcher receive £60 to be by him *4-7i
accounted for in printing was brot up read & concurred
A vote for a Com""' on a Letter from M'' Smith at Congress was
brot up read & Nonconcurred
A vote that the Treas'' be directed to loan on Interest of 6 ^ C.
for any time not exceeding twelve months £4000 of the money
now in the Treasurj' to any person or persons who may apply for
the same taking their obligations for the sum loaned, and public
securities of this or the united States to the am" of 50 "^ C. more
than the sum loaned was brot up read & cone'*
An Act to authorize the Selectmen of New Durham Gore in
the County of Strafford in said State to levy a tax of one penny
an Acre on all the lands in said Gore for repairing the highway
having been read a third time voicd that the same be enacted
A vote to pay the Acc° of Geo. Gains Esq am"'^' to £ii..i4..o
for wood &ca was brot up read and concurred
A vote to allow the ace" of Ed'' S. Livermore amo"^ to £2..i4..o
for draughting bills was brot up read and concurred
A vote to pay the Ace" of N. Akerman amo'*-' to £10.14 as
Door keeper was brot up read & concurred
A vote to pay Capt Salter the Order mentioned in his Mem' &
Int. due thereon after deducting £80 out of the aggregate am" of
s'' order which he received of this State, for [support of Light-
House &c.] more than he ought to have received &c was brot up
read & concurred
A vote that the President with advice of Council be desired to
adjourn the Gen' Court to the last Wednesday in May next then
to meet at Dover — was brot up read & concurred —
[And so it was accordingly adjourned.
JOSEPH PEARSON, Sec'ry.-\
JOURNAL
OF THE
House of Representatives
■JTAINING THE PROCEEDINGS
FROM NOVEMBER 30, 1791, TO JANUARY 6, 1792.
==A JOURNAL * 14-248
Proceedings of the Honb"^ House of Representatives for
SAID State at their Session begun and holden at Ports-
mouth ON Wednesday the thirtieth day of November
A D. 1791 and in the Sixteenth year of the Independ-
ance of America —
WEDNESDAY Nov« 30^' 1791.
Several Members met but there not being a quorum — agreed
to adjourn to 9 oClock to morrow morning —
THURSDAY Dec« i*' 1791
Met according to adjournment and there being a quorum present
notice was given to his Excellency the President and the Honb'
Senate that the House were met and ready to proceed to busi-
ness —
A message from the Honb' Senate gave information that a
quorum of the Senate were present and ready to proceed to
business —
Vo/cd that the Revr'' Docf Haven the Revr'' M' Buckminster
and the Revr'' M" Ogden be requested to attend and Officiate as
Chaplains to the General Court the present Session that the Revr''
Docf Haven attend the present week the Revr'' M"' Buckminster
the next week and the Revr'' M'' Ogden the week following and
so alternately during the Session in this town —
The Secretary came down from the Honb' Senate with the fol-
lowing message from his Excellency the President
Gentlemen of the Senate and of the House of Representatives
It affords me a peculiar satisfaction at this time to meet the two
Houses of the Legislature at this Antient seat of Government of
the late Province now state of New Hampshire as it brings to
404 NEW HAMPSHIRE EARLY STATE PAPERS. [l79I
mind the many important Scenes through which we have been
conducted in the course of a tew years past and which by (divine
goodness) has terminated in the happy priviledge we now enjoy
of enacting such Laws as shall be most conducive to the happi-
ness and prosperity of the state without the controul of a foreign
jurisdiction —
* 14-249 * Indulged b}' Providence with so great a blessing it
becomes our Indispensible duty in enacting laws and
making regulations to consult the general good of the Community
and to use our best endeavours both by precept and example to
cultivate the principles of virtue and morality of justice and pa-
triotism to encourage a spirit of Industry and Oeconomy and the
Increase of Learning and useful knowledge through the state
which shall be the best means to procure a cordial Submission to
the equitable Laws of the Community and greatly promote the
happiness and tranquility of this rising republic
As this is the Season of the year when the Legislature can
most conveniently attend to public business I would beg leave to
recommend to your consideration the propriety at this Session of
making an accurate investigation of the state of the Treasury of
the Sums of money due to and from the State (more especially)
some accounts and demands of long standing and pointing out the
mode and giving directions for calling in the one and discharging
the other as soon as conveniently may be in such way and man-
ner as will do justice to the state and to the Individuals con-
cerned —
The time being expired for which post riders into the interior
parts of the state were engaged agreably to your resolve past last
winter — I beg leave to request your attention to that matter —
The difficulties occasioned by the death of a high sherriffin one
of the Counties will I apprehend point out to the Legislature the
propriety of making a Law to prevent Similar difficulties in like
cases for the future —
The many embarrassments attending the levying and collecting
state Taxes on unimproved wilderness lands, as the small amount
of the net produce to the state when collected compared with the
cost and trouble in collecting may render it worthy of your con-
sideration whether as the affiiirs of the state are now circum-
stanced it may not be for the general advantage of the public to
exempt that species of property from state taxes in future in the
manner they formerly were —
•14-250 * Any other matters that shall occur that may require
1791] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 4O5
your attention I shall not fail to communicate to 3'ou during the
Session and shall chearfully co-operate with you in every measure
that will tend to the prosperit}' of our common country
Council Chamber in Portsmouth . ^j^^ g^^^.^l^^^
November 30"' 1791 — •'
]'oicd that M' Plummer, M"' Payne & M'' Freeman with such
of the Honb' Senate as they may join be a Committee to take un-
der consideration his Excellencys message this day received and
report an answer thereto —
I'otcd that M"' Badger, M'' Freeman & M' Hoit with such of
the Honb' Senate as they may join be a Committee to consider of
an Act passed in the Common wealth of Massachusetts for regu-
lating the fishery in Connecticut river and report their opinion
respecting the propriety of passing an Act for the like purpose —
Voted that M"- E Smith, M' Payne, W Plummer, M"- Freeman
«& M"' Barrett with such of the Honb' Senate as they may join be
a Committee to consider of what business is necessary first to be
entered upon and done at this session and report thereon —
Voted that M' Freeman M"' Badger & M"^ Gould with such of
the Honb' Senate as they may join be a Committee to consider of
the propriety of passing an Act for altering the place of the sit-
ting of the Superior Court in their next circuit from Plymouth to
Haverhill in the County of Grafton & report thereon —
Adjourned to half 2 o'Clock P. M.
Met accordingly
Voted that M"" Pierce, M'' Gains & M' Plummer be a Committee
to wait on the Honb' the Justices of the Superior Court of Judica-
ture and enquire of said Justices the reason of their not holding
a Court in the County of Grafton in October last agreably to the
Law of this State and make report at this or the next Session of
the General Court —
Voted that AP How, IVP Gains, & M"' N Hoit with such of the
Honb' Senate as they may join be a Committee to consider of the
Petition of Abigail Fugard and report thereon —
* Voted that M'' Holmes. M'' Waldron AP Sherburne * 14-251
[Shepherd] M' N Hoit and M'' Badger with such of the
Honb' Senate as they may join be a Committee to consider of the
Petition of Nehemiah Clough [also the Petition of Abner Hoyt]
and all similar matters and report thereon —
[The petition of Abner Hoyt was read and referred to the above
committee.]
Upon reading and considering of the Petition of Abner San-
406 NEW HAMPSHIRE EARLY STATE PAPERS. [^791
born David Batcheldor and John Page a Committee in behalf of
Hampton falls voted that the Petitioners be heard thereon before
the General Court on the twentieth day of this Instant Dec' and
that the Petitioners cause that the Select men of Seabrook be
served with a Copy of the Petition and order of Court thereon
fifteen days prior to said day of hearing that they may then appear
and shew cause if any they have why the prayer thereof may
not be granted —
Voted that M' Bettan, M' Leavitt and M"' White with such of the
Honb' Senate as they may join be a Committee to consider of the
Account of Jonathan M Sewall Esq and report thereon —
Voted that M"' Cilley M"' Holmes and M' Badger with such of
the Honb' Senate as they may join be a Committee to consider of
the petition of Silas Betton and report thereon
The Petition of the Select men of Westmoreland was read and
referred to the Committee on Silas Bettons Petition
Voted that M' Parker, M"' Penniman & M"" Pierce with such of
the Honb' Senate as they may join be a Committee to consider
of the Petition of John Young Esq'' and report thereon —
Voted that M' Parker IsV J Duncan, AP Pierce, M' Bettan and
M'' Dodge with such of the Honb' Senate as they may join be a
Committee to consider of the propriety of bringing in a Bill for
directing the admission of Town Inhabitants in future & report
thereon —
Adjourned to 9 o'Clock to morrow morning —
FRIDAY Dec'' 2" 1791 —
The House met according to adjournment
Voted that IVP Gains, AP Warner W J Duncan M'' Flanders
and M'' E Smith with such of the Honb' Senate as they
* 14-252 '^ma}^ join be a Committee to take under consideration
a letter from Robert Means Esq'' to his Excellency the
President containing his resignation as a Senator and report their
Opinion of the propriety of tilling up said vacancy-^
Voted that W Pierce" M'' N Hoit, AP Warner AP Holmes and
AP Badger with such of the Honb' Senate as they may join be a
Committee to report what shall be done respecting powder lead
and other warlike stores in the hands of Individuals belonging to
this state —
Voted that AI"' Eastman, AP Badger M'' [J] Duncan W Whit-
comb & AP How with such of the Honb' Senate as they may join
lypi] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 4O7
be a Committee to consider of the Petition of Eliphalet Ladd and
report thereon —
Voted that AP Gains M'' N Hoit & M' Allen with such of the
Honb' Senate as they may join be a Committee to consider of the
Account of Henr}^ Ranlett and of all printers accounts that may be
presented the present Session and report thereon —
Voted that M'' E Smith M'' Payne, AP N Hoit M' Bettan and
M'' How with such of the Honb' Senate as they may join be a
Committee to consider of that part of the report of the Committee
[on necessary business] which respects the encouragement of
Literature and report what measures may be taken for that pur-
pose —
Voted that M'' W™ Duncan M"' Gains, M"" Badger N Hoit M""
Warner, M"' Flanders, M"' Whitcomb, M'' Allen M'' Gould and M''
Payne with such of the Honb' Senate as they maj- join be a Com-
mittee to consider of that part of the report on necessar}' business
which respects post riders, describing their respective routs &c —
and report thereon —
Voted that M"' Connor, M'' Freeman IVP N Hoit AP J Duncan
and AP Penniman with such of the Honb' Senate as they may join
be a Committee to take into consideration what method shall be
adopted for compleating a collection of the outstanding taxes and
for the settlement of what is due on Excise Bonds, also
for the settlement of Accounts * between this state and * 14-253
Individuals and report thereon —
I'oled that W Payne, AP Young & IVP E Smith with such of
the Honb' Senate as they may join be a Committee to report a
Bill directing how the business of SherrifF shall be transacted
when by reason of death or otherwise that Office shall be va-
cant —
Voted that M"' Connor M'' Cilley M'' Waldron M"' Badger W
Barrett M' [J] Duncan, INP Alexander, M'' Holmes M'' Young and
M'' Freeman with such of the Honb' Senate as they may join be a
Committee to consider and report what measures shall be taken
for appropriating the public monies now in the Treasury —
The Committee on the Petition of John Young Esq' reported
that the praj-er thereof be so far granted that an exclusive right
be given to the Petitioner for fourteen years and that he have
leave to bring in a Bill accordingly —
Adjourned to half after 2 o"Clock P. M —
Met accordingly
Voted that i\P N Hoit, jNP E Smith & ^P Whitcomb with such
408 NEW HAMPSHIRE EARLY STATE PAPERS. [l79I
of the Honb' Senate as they may join be a Committee to consider
of the Petition of Joseph Taylor and report thereon
[ Voted that M'' Freeman M"' Connor AP Parker M"' Warner and
M'' Penniman with such of the Honb' Senate as they may join be
a Committee to consider of the Petition of Joseph Taylor and
report thereon — ]
Voted that M"' Freeman, M"^ Connor, M"' Parker M' Warner &
M' Penniman with such of the Honb' Senate as they may join be
a Committee to consider of the Propriety of lengthning out the
time of the Treasurers receiving returns from Select men of the
sums due from Individuals to Collectors and if they judge neces-
sary to report a Resolve for that purpose —
Adjourned to 9 o'Clock to morrow morning
SATURDAY Dec" f 1791 —
The House met according to adjournment
Upon reading and considering the Petition of John Pierce the
3'' of Portsmouth voted that the prajer thereof be granted and that
he have leave to bring in a Bill accordingly —
* 14-254 * Voted that M'' Warner M"' Young & M'' E Smith with
such of the Honb' Senate as they may join be a Com-
mittee to consider of a Resolve passed 16'" of June last respecting
Invalids and report what alterations are necessary —
]^oted that M'' Whitcomb & M"' Young be added to the Com-
mittee on the Act for regulating tishing in Connecticut river
Adjourned to Monday next at 3 o'Clock P. M —
MONDAY Deck 5"' 1791
The House met according to adjournment
looted that M'^ N Hoit M"' Gains, M'' J Duncan M'' Warner & M''
Parker be a Committee to consider of an Act authorizing the
President with advice of Council to appoint Special Justices in
certain causes, and report such alterations as they may judge
necessary —
Voted that M'' Payne, M'' Allen, M'' Plummer, M'' Young and
M' Bedee with such of the Honb' Senate as they may join be a
Committee to take under consideration the propriety of passing
an Act directing the suitors who recover judgment to give bond to
resjiond in Damages in case of the reversal of a Judgment in an
Action of Review —
I791] JOURNAL OF THE HOUSE OF REPRESENTATIVES.
409
Voted that M'' E Smith M"' Pierce, M'' Connor with such of the
Honb' Senate as they may join be a Committee to consider of the
Petition of Nathanael Gilman Esq'' and report thereon —
The Committee on Post riders & Post routs &c reported that the
several posts continue their respective routs until the Second
Wednesday of June next and that the posts on the first second
and third routs receive the same sums as they were to receive for
the first six months and the post on the fourth rout receive twelve
pounds provided they continue to perform their established routs
once in a fortnight until said time — which report being read and
considered motion was made to accept the Same — On which
motion the yeas and nays were called and are as follows (viz)
-255
»Yeas.
Yeas.
Yeas.
Yeas. *I.
Mr Fierce
Mr Harper
.Mr Warner
Mr Gould
W Connor
Mr Badiier
Mr J Duncan
Mr Crawford
Mr VVig^in
Mr E Smith
Mr Wallace
Mr E Hovt
Mr I'kimnier
Mr Bedee
.Mr Gale
.Mr Freeman
Mr J Clark
Mr N Hoit
.Mr Gerrish
Mr Payne
Mr Duncan
Mr Tasker
Mr Temple
Mr Norris
Mr Knox
Mr McMillan
Mr Holmes
.Mr Tarlton
Mr Bettan
Mr Martin
Mr S Duncan
Mr Young
Mr VValdron
Nays.
Nays.
Nays.
Nays.
Mr li Page
Mr Glidden
Mr Shepherd
Mr Allen
Mr Dodge
Mr xN Emerson
Mr Stiles
.Mr Bingham
Mr Clifford
Mr Godfrey
.Mr Whitcomb
.Mr Penniman
Mr Currier
Mr T Pase
.Mr Parker
.Mr Griffin
Mr Eastman
Mr Jo^ Smith
Mr Alexander
Mr Stone
Mr Jab^ Smith
Mr Barrett
Mr Rand
Mr Kimball
Mr Tihbets
.Mr P Clark
33 Yeas — 26 Nays — so it was accepted — and a Resolve to be
brought in accordingly' —
Vo/cd that M'- Holmes, M'' Clifford, M"- N Hoit, M'' W" Duncan
& IVr Pierce with such as the Honb' Senate may join be a Com-
mittee to consider of the Petition of Maj' W" Duncan and others
and report thereon —
Adjourned to 9 o'Clock to morrow morning
TUESDAY Dec« 6'" 1791.
The House met according to adjournment
J'o/cd that M'' J Duncan M"' Young & M'' Sdles with such of
the Honb' Senate as they may join be a Committee to consider of
the Petition of Benjamin Brown and report thereon
4IO NEW HAMPSHIRE EARLY STATE PAPERS. [179^
Upon reading and considering the Petition of James Kennedy
voted that the prayer thereof be granted and that the Petitioner
have leave to bring in a Bill accordingly —
Upon reading and considering the Petition of the Select men
of Temple voted that it be referred to the Committee on outstand-
ing Taxes and that the}' report thereon —
Upon reading and considering the Petition of Moses Blake
praying for the priviledge of a feny over Connecticut river —
voted that the Petitioner be heard thereon before the General
Court on the Second Thursday of their next session and
* 14-256 that in the mean time the Petitioner cause that * a copy
of the Petition and order of Court thereon be posted
up in some public place in the Town of Dalton and in the two
next adjacent towns six weeks successively prior to the day of
hearing that any person or persons may then appear and shew
cause (if any they have) why the prayer thereof maj' not be
granted —
Voted that M'' Wallace M'' Parker & M'' T Page with such of
the Honb' Senate as they may join be a Committee to consider of
the account presented by the Committee appointed to settle the
expences respecting the Light House and the papers accompan}--
ing said account and report thereon —
Voted that M'' Bettan M"' Macgregore and M"' Parker M'' Pen-
niman & M'' M' Millan with such of the Honb' Senate as they may
join be a Committee to consider of the Petition of Henry Young
Brown and report thereon —
The Committee on the Account of Jonathan M Sewall reported
as their Opinion that his account amounting to fifteen pounds is
reasonable and ought to be allowed — which report being read
and considered voted that it be received and accepted and that the
President give order accordingly —
The Committee on the resignation of Col" Robert Means as a
Senator for the County of Hillsborough reported that the vacancy
in the Senate occasioned by the Resignation of the Honb' Robert
Means Esq'' be filled up as soon as may be agreabl}- to the Con-
stitution — which report being read and considered voted that it be
received and accepted —
Upon reading and considering the Petition of John Pierce in
behalf of John Fisher Esq"' voted that the prayer thereof be
granted and that the Petitioner have leave to Bring in a Bill ac-
cordingly —
Voted that M'' Macgregore M' Bedee & M'' Eastman with such
1791] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 4II
of the Honb' Senate as they may join be a * Committee * 14-257
to consider of the Petition of John Pendexter and
others — Inhabitants of Conway Bartlett and Locations and re-
port thereon —
An Act to legalize the Exchange of certain lands in the Town
of New Grantham and for abating a Tax laid on said Town for
the payment of a Representative was read a third time and passed
to be Enacted —
An Act to alter the name of John Pierce the third to Edward
John Pierce — was read a third time and passed to be Enacted —
An Act in addidon to an x\ct passed the 18'" [8"'] of June 1789
intitled an Act for regulating schools in this state and for repeal-
ing all Acts heretofore made respecting the same was read a third
time and passed to be Enacted —
Adjourned to half past 2 o'Clock P. M —
Met accordingly
Resolved that there be and hereb}- is Established the four fol-
lowing Routs for Posts hereafter to be appointed pursuant to this
Resolve to ride in and through the interior parts of this state —
The first beginning at Concord from thence to proceed to Weare
New Boston Amherst Wilton Temple Peterborough Dublin Marl-
borough Keene Westmoreland Walpole Alstead Acworth Charles-
town Claremont Newport Lempster Washington Hillsborough
Hinnekar Hopkinton to Concord —
The Second from Concord to Boscawen Salisbury [Andover]
New Chester Plymouth Haverhill Piermont Orford Lyme Han-
over Lebanon Enfield Canaan Grafton Alexandria Salisbury to
Concord —
The third beginning at Portsmouth thence through [Exeter]
Kingtown Plastow Hampstead Chester Londonderry Litchfield
Goffstown Bow to Concord and to return through Pembrook
Deerfield Nottingham, by the way of New Markett bridge to
Portsmouth —
The fourth from Portsmouth to Dover Rochester Wakefield Os-
sippee Tamworth, Sandwich Centerharbour Plymouth
* Merrideth Gilmantown Barnstead Barrington Durham * 14-258
to Portsmouth —
Each Post rider shall perform his rout one a fortnight and that
those on the first and second routs shall have twelve pounds each
the one on the third rout nine pounds and the one on the fourth
rout twelve pounds — said Posts commencing their Respective
routs the Second Wednesday in December instant and continuing
NEW HAMPSHIRE EARLY STATE PAPERS.
[179I
them once in a fortnight till the second Wednesday in June next
and they shall reverse their respective routs once in each fortnight
provided and it is the intent of this Resolve that all Acts procla-
mations public letters and every other matter belonging to the
state be franked with the name of the public officer communicat-
ing the same and conveyed free of postage —
That the postage on all private single letters be six pence for
every forty miles and four pence for every number of miles less
than forty and other letters and packetts according to their weight
and bulk which shall be exclusive perquisites of the post riders
carr3'ing the same —
That one person be appointed in each of the following towns
(viz) Portsmouth Exeter Concord Amherst Dover Keene Charles-
town Hanover Haverhill and Plymouth whose duty it shall be to
take charge of all matters which are to be conveyed by the posts &
shall respectively receive as a compensation therefor two pence
to be advanced on the postage of each private letter packetts »S:c
which shall pass through the respective offices — said Post riders
to be nominated and appointed by the President and Council
nodce of which under the Secretary's signature by order of the
President shall be sufficient warrant for the respective Officers to
enter on the duty of their respective Office —
Provided also and it shall be the duty of the Several Post mas-
ters and post riders before the}^ enter on their Respective Office to
give Bonds to the Treasurer of this state to the acceptance of the
President for the faithful performance of the trust reposed in
them — And said post officers shall be allowed upon the exhibi-
tion of their respective accounts for the services and expenditures
such farther Sum as the General Court shall adjudge reasonable
and just — The yeas and nays being called on the foregoing
resolve were as follows —
•u-259 *Yeas.
Ml" Pierce
M'- Connor
M'' Macgregore
M'- Weeks
M'- Dodge
M-- Clifford
Af I'lummer
M'- Cillev
M--J Clark
M>- \V Duncan
Yeas.
M"" Kno.x
M"- Bettan
AlrWaldron
M"" Harper
M'' Hadger
.M'- E Smith
M<- Bedee
M'- N Hoit
M'- Tasker
W .Martin
All' Warner
Al'' J Duncan
Air Wallace
AI'- Gale
Mr Flanders
Al'- Temple
AI'' Bingham
AI-- Holmes
Yea.s.
M'' S Duncan
M'- Gould
AK Crawford
AI'' Freeman
Mr Pavne
AI"- Norris
AI"" Hutchtns
Air Tarlton
AI'' Young
I791] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 4I3
Nays.
Nays.
Nays.
Nays.
M'
■ Leavitt
.M'
■ N Emerson
■ F Clark
M'
■ Rand
M-
Wig.nin
M'
■ Godfrev
• Darling
M'
' Allen
M'
■ Currier
Mr
■ T Page
■ Gerrish
M'
' Penniman
M-
■ Eastman
M'-
Jo- Smith
Shepherd
M'
■ Griiifin
M'
' Jab^ Smith
M'
■ Tash
• Stiles
M'
' Stone
M'
■ Tibbetts
M'
■ Chamberlain
• VVhitcomb
.M'
• Kimball
yu
■ Glidden
M'
■ AP-Millan
■ Parker
M'
■ Cargill
M"
■ Jon" Smith
M"
■ Barrett
• Ale.xander
37 Yeas — 31 Naj-s — so it passed in the atfirmative
The Honb' Senate and House being met in the Assembly
Chamber tor the purpose of filling up the vacancy occasioned by
the resignation of the Honb' Robert Means Esq' proceeded to fill
up said vacancy and the ballots being taken the Honb' Charles
Barrett Esq"' was unanimously chosen and the Honb' Senate with-
drew —
Agreably to the order of the day proceeded to a hearing on the
Petition of John Bryant Esq' and upon hearing and considering
said Petition vo/eci that the prayer thereof be granted and that the
Pedtioner have leave to bring in a Bill accordingly —
An Act grandng to Joseph Kimball Esquire the exclusive right
or priviledge of making Waterquechee falls in Connecticut river
navigable [for boats] — was read a third time and passed to be
Enacted —
The Committee appointed in June last for settling the i\ccounts
between this state and the Treasurer thereof reported as follows —
St^^^^f.^^^M Exeter Julv 16- 1791-
Hampshn-e >
Pursuant to a vote of the Honb' General Court passed at Con-
cord the 7'" day of June A D. 1791 appointing us with Supply
Clap Esq a Committee to settle the Accounts between
the state and William * Gardner Esquire late state Treas- * 14-260
urer Reported that we have carefully examined the
Treasurers Books accounts and documents relative thereto h-om
the thirty first of July 1790 being the period to which they had
been settled and have received from his as follows (viz) —
An Account of state Notes and cerdficates issued by him Dated
July 31"' 1788 for the cancelling old notes and Interest due
thereon, part of the principal and sundry orders drawn b}' the
President to issue notes — The notes are numbred from 926 to
1018 inclusive amounting to four thousand one hundred and thirty
eight pounds eleven shillings and two pence — The Certificates
are numbred from 1443 to 155 1 inclusive, amounting to Seven
hundred and Sixty pounds eighteen shillings and two pence —
414 NEW HAMPSHIRE EARLY STATE PAPERS. [^791
Also an Account of Certificates issued dated July 31" 1790 for
Interest and part of the principal of state notes numbred from i
to 685 inclusive amounting to two thousand three hundred and
one pound eight shillings and ten pence and by book of record
appears to have been indorsed of which sum notes to the amount
of twenty eight pounds eight shillings are wholly paid and taken
up —
The old notes which we have received from the Treasurer and
for which new notes and certificates have been issued are of the
following description (viz) Notes for money borrowed of consoli-
dated value Ninety nine pounds Seventeen shillings and Sixpence
— Bount}' notes Twenty four pounds seventeen shillings and
seven pence — Consolidated notes Dated July 31'' 1782 and July
31'' 1785 nominal amount three thousand & Seventy six pounds
nineteen shillings and three pence
The orders drawn by the President to issue notes which we
have received are for depreciation Sixty six pounds four shillings
and Seven pence — tor claims against confiscated Estates On
thousand two hundred and twenty six pounds twelve shillings and
in lieu of Notes Burnt forty three pounds seven shillings
* 14-261 * There appears to have been outstanding in state notes
of various denominations on the first day of June 1791
the sum of Eighty Thousand four hundred and eighty four pounds
fourteen shillings and Six pence and in certificates of various
dates issued for interest and part of the principal of state notes the
Sum of Seven thousand nine hundred pounds seven shillings and
three pence —
The state specie account (including the Continental specie
Taxes) amounting to thirty nine thousand nine hundred and thirty
seven pounds five shillings and four pence we have also received
and is accounted for as follows (viz) Presidents orders for three
thousand and Eighty five pounds eight shillings and five pence
halfpenny — Bounties paid on Wolves One hundred and ninety
eight pounds — Sundry Rolls for travel and attendance of the
Honb' Council Senate and House of Representatives amounting
to two thousand four hundred and forty five pounds and eleven
pence half penny — Pay Roll for Council prior to the late revolu-
tion for eighty four pounds Seventeen shillings — Timothy Taylor
and Abijah Usher's note tor nine pounds —
The Treasurers Accounts for expences amounting to Twent}-
pounds — Outstanding on state Specie Taxes (as "§'' list) Thirteen
Thousand seven hundred and forty pounds three shillings and two
I791] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 415
pence three farthings — Also on Continental Taxes Eight Thou-
sand eight hundred and ninety seven pounds twelve shillings and
eleven pence and Specie to ballance being Eleven thousand four
hundred and fifty four pounds two shillings and nine pence farth-
ing — We have also received Sundry Bonds given by the Masonian
Proprietors on which there is due in state notes ten thousand four
hundred and Sixty two pounds ten shillings, and twenty six
pounds seventeen shillings and one half penn}' in Specie exclusive
of Interest — There appears to be due on Rolls for Travel and
attendance of the Honb' Council Senate and House of Represent-
atives five hundred and Seventy nine pounds nineteen shillings
and three pence three farthings —
*To the Honb' Thomas Westbrook Waldron Esq'' for * 14-262
attendance in Council prior to the Revolution one
pound one shilling — and for troop of Horse under the Command
of Col" Amos Cogswell two pounds Seventeen shillings as ^'
Abstract — We have also received an Account for Continental
Interest Indents Amoundng to thirty four thousand six hundred
and Sixty three pounds thirteen shillings & nine pence and is
accounted for as follows (viz) His Excellency Josiah Bartlett
Esqr' receipt in behalf of the Committee appointed to fund public
Securities for seven thousand five hundred and eighteen pounds
three shillings and eight pence — Outstanding Taxes as ^''Abstract
— Amounting to twentj' six thousand Six hundred and ninety five
pounds five shillings and four pence half penny and the ballance
being four hundred and fifty pounds four shillings & eight pence
half penny — which we have received in Continental Indents —
The State Certificate Account we have also received Amount-
ing to twenty three thousand Six hundred and Sixty one pounds
eighteen shillings and eight pence half penny and is accounted
for in the following manner (viz) Presidents orders, and orders
of Court for abatement of Taxes amounting to five hundred and
thirty pounds four shillings and four pence — Taxes outstanding
"§'' list Sixteen thousand Seven hundred and eight pounds two
shillings and for the Ballance we have received state notes includ-
ing interest allowed and Certificates amounting to Six thousand
three hundred and Seventeen pounds eighteen shillings and four
pence half penny — Certificates issued b\' Nathanael Oilman
Eighty seven pounds fifteen shillings — and Se\'enteen pounds
eighteen shillings in Copper plate Bills — We have also received
an Account for Deficiency of Soldiers amounting to two thousand
four hundred and nine pounds two shillings & Six pence and is
4l6 NEW HAMPSHIRE EARLY STATE PAPERS. [l79I
accounted for as follows (viz) Outstanding (as ^"^ list) Two
Thousand three Hundred and eighty eight pounds
* 14-263 * fourteen shillings and nine pence and the Ballance
being twenty pounds seven shillings and nine pence is
credited in State Certificate Account — The Account for the New
Emission Tax amounting to One hundred and Eighty six pounds
six shillings and ten pence is Accounted for as follows (viz) An
order in favour of J Wendall for abatement of Tax of Lyman for
Seven pounds Seventeen shillings — paid Daniel Rand for his
attendance in Court August 1781 Seventeen pounds six shillings
— Taxes Outstanding ( ^"^ list) One hundred and twenty nine
pounds twelve shillings and one penny And the ballance being
thirty one pound eleven shillings and nine pence we have received
in New Emission Bills —
We have also received an Account for the Revenue of Impost
Amounting to Two hundred and forty seven pounds seven shillings
Including Interest received and is accounted for as follows (viz)
Sundry Bonds on which Interest is Outstanding (as "^^ list) Two
hundred and ten pounds six shillings and Six pence and the bal-
lance being thirty seven pounds & Six pence is credited in Specie
Account —
The Accounts for the Revenue of Excise amounting to Five
thousand eight hundred and thirteen pounds Six shillings and Six
pence is Accounted for as follows (viz) Outstanding on Sundry
Bonds (which we have received) Four Thousand Seven hundred
and Seventy eight pounds thirteen shillings and four pence halt
penny and the ballance being One thousand and thirty four pounds
thirteen shillings and one pennv half penny is credited in state
Specie Account
We have received an Account of the Old Continental money
Amounting to three Millions eight hundred & thirty four thousand
seven hundred and twent^' Dollars & two thirds of a Dollar —
Also of final settlement notes Amounting to Thirty three Thou-
sand one hundred and fortv eight dollars and Sixty three nine-
tieths which have been paid to the Committee appointed to fund
public Securities as '^' Receipt —
We have also received an Account of the final settlement
notes and Indents funded by the Committee appointed
* 14-264 for * that purpose. Also the certificates of funded debt
Amounting to One hundred and thirty seven thousand
seven hundred and eighty six dollars and forty one cents —
We have also received two final settlement notes which the
1791] JOURNAL OF *rHE HOUSE OF RKPRESENTATIVES. 417
Treasurer received of Lieu' Barnett for his Commutation agre-
ably to a vote of Court amounting to One thousand six hundred
Dollars and in Indents One hundred and eleven dollars Interest
being paid on said Notes to December 31" 1784 — which notes
and Indents we have delivered to the Loan Officer and taken his
receipts therefor —
We have also received two hundred and eighty two blank state
notes Eighty two of which being numbred from 1019 to iioo in-
clusive and countersigned by Joseph Pearson and Ephraim Rob-
inson — Sundrj' papers relative to the settlement of Joseph Whip-
ple's Account — Sundry bonds given by John Sullivan Esq'' and
by post masters and Post riders &c &c —
We have also received Sundry state notes Certificates and other
papers contained in a trunk which was lodged in the Treasurer's
hands for safe keeping as "§'' his receipt given us dated March 29"'
1 791 — which receipt was lodged with the state comptroller —
We have also received a Chest containing returns of Collectors,
Checks of state notes and Certificates, i\lso the Tax and other
books of record appertaining to the Treasurers office — which with
the Specie amounting to eleven thousand four hundred and fifty
four pounds two shillings and nine pence one farthing — The
Excise and Impost bonds the Certificates of funded debt, the State
notes. Certificates Indents New Emission money copper plate Bills
Orders books and other papers mentioned in the foregoing report
we have delivered to John Taylor Oilman Esq'' and have taken
duplicate receipts therefor which receipts are lodged agreably to
order of Court —
Your Committee beg leave to * Observe that the Ac- * 14-265
counts herein enumerated are all ballanced have been
kept very accurately, reflect honour on the Treasurer and are well
vouched except the expence account which is not warranted by
any order but is submitted to the Honb' Court —
Nath" Rogers > ^
TV-' .1 11 r--\ t- Committee
JNath" Oilman )
N : B. Among the state Certificates there appears to be one of
ten pounds a Counterfiet which in the hurry of Business the
Treasurer received for taxes and is charged with the other Cer-
tificates — The foregoing report being read & considered voted
that it be received and accepted —
Adjourned to 9 o'Clock to morrow morning
4l8 NEW HAMPSHIRE EARLY STATE PAPERS. [l79I
WEDNESDAY Dec« 7'" 1791.
The House met according to adjournment
Upon reading and considering the Petition of the Inhabitants
of Washington and the agreement between the Nonresident pro-
prietors and the Petitioners that a tax of two pence ^'' Acre be
laid on all the lands in said Washington except that part of said
Town owned b}' Reuben Kidder Esq'' and that said Kidders said
Lands be taxed and Assessed fifteen pounds Lawful money and
that all the tax aforesaid be worked out in two j-ears next follow-
ing the Assessments — the Select men lor the time being to assess
the Same and that Thomas Penniman Esq'' be appointed agent
with full power and authority to lay out said Tax to the best ad-
vantage for the good of the public and to give bond to be account-
able to the Sessions for his Conduct — Voted that the Petitioners
have leave to bring in a Bill proper to carry the foregoing agree-
ment into efl'ect
Upon reading and considering the Petition of Benjamin Brown
and the Report of a Committee thereon voted that the Pedtioner
be heard thereon before the General Court on friday the 16"' day
of Dec"' instant and that the Petitioner cause that Jesse Prescutt
of Deerfield and John Prendce Esq'' attorney to Amos Page be
served with a Copy of the Petition and order of Court thereon Six
days prior to said "day of hearing that the}' or either of them may
then appear and shew cause why the prayer thereof may not be
granted —
* 14-266 * Upon reading and considering the Petition of the
Inhabitants of Dunbarton voted that the prayer thereof
be granted and that they have leave to bring in a Bill accordingly —
The Committee on the Petition from Conway Bartlett and Loca-
tions reported that the prayer of said Petition be granted and that
a Resolve be brought in accordinglj- which report being read and
considered voted ihai it be received and accepted —
Voted that Tamworth Eaton and Burton be considered as a
Class for Representation and that they have liberty to elect and
send a Representative to the General Court in future
Voted that M"' Pierce M'^ Whitcomb M"' Penniman M' Godfrey
& M'' N Hoit with such of the Ilonb' Senate as they may join be
a Committee to consider of the Memorial of Maj'' Bradbury Cilley
and report thereon
Voted that IM' Pierce M'' Macgregore M'' N Hoit M'' E Smith
& M' W" Duncan with such of the Honb' Senate as thev mav join
[791] JOURNAL OF THE HOUSE OF REPRESENTATIVES.
419
be a Committee to consider of the Memorial and Petition of Jon-
athan Freeman Esq'' in behalf of the Trustees of Dartmouth Col-
lege & report thereon —
Voted that AP Gains M'' Bedee & M"' Shepherd with such of
the Honb' Senate as they may join be a Committee to consider of
the Petition of John Mendum and report thereon —
Adjourned to half past 2 o'Clock P. M.
Met accordingly
Upon reading and considering the Petitions of Sundry Inhab-
itants of Amherst also of the Petition of the Parishioners of the
third Parish in Amherst, Voted that the Petitioners be heard
thereon before the General Court on the Second Thursday of the
next Session and that in the mean time the Petitioners cause that
the Assessors of the first parish be served with a Copy of the Pe-
tition and order of Court thereon that they may then appear and
shew cause if any they have why the prayer thereof ma}' not be
granted also voted that M'' Ephraim Robinson of Exeter Joseph
Badger Jun"' Esq'' of Gilmantown and Charles Barrett Esq'' of New
Ipswich be a Committee at the expence of the Petition-
ers * to view the Situation of said Petitioners and report * 14-267
their opinion prior to said hearing —
Agreably to the order of the day proceeded to a hearing on
Petitions —
Upon reading and considering the Petition of some the Inhab-
itants of New Castle praying to be disannexed from New Castle
and annexed to Rye — voted that the Prayer thereof be granted
and that the Petitioners have leave to bring in a Bill accordingly —
which vote was determined by yeas and navs and were as follows
(viz)
Yeas.
M'' Gains
M>- Pierce
M'' Connor
Ml' MacE;regore
I\I'- B Page
M'- Weeks
Mr Dodge
Ml- Wiggin
M'' Clifford
Ml' Currier
Ml' Eastman
Ml' Jab'- Smith
M^ Plummer
■yeas.
M-- Cillev
Ml- March
Ml- J Clark
Ml- Tibbets
Mr Glidden
Ml- Jon^ Smith
JM'- Knox
Ml- N Emerson
M'- Godfrey
Ml' T Page'
Ml- Jo* Smith
Ml' Bettan
Mr Kellie
Ml- Waldron
Ml- Harper
Ml- Badger
Ml- E Smith
Ml' Bedee
Ml- N Hoit
M'- Tash
Ml- McMillan
Mr Martin
Ml- Warner
Ml- Abbott
.Ml- J Duncan
.Ml- Gerrisli
Yeas.
M'- Flanders
M'- Shepherd
Ml- Stiles
Ml- Whitcomb
iMi' Ale.xander
Ml' Rand
Ml' Allen
iMi" Bingham
Ml' Holmes
JIi" Penniman
.Ml' Griffin
.Ml- Stone
Ml- Kimball
420 NEW HAMPSHIRE EARLY STATE PAPERS. [l79I
Yeas.
Yeas.
Yeas.
Yeas.
Mr Gould
M>
• Freeman
Mr
Norris
Mr Young-
Mf Crawford
M>
• Payne
M«
■ Hutchens
Mr Cargill
Mr E Hoit
Nays.
Nays.
Nays.
Nays.
Mr wn> Duncan
Mr
■ P Clark
M'
' Temple
Mr Tarlton
62 [61] Yeas — 4 nays —
Upon hearing and considering the Petition of Conway Shel-
burne &c voted that M"" N Hoit AP E Smith »& M'' Payne with such
of the Honb' Senate as they may join be a Committee to report
their Opinion respecting the Same —
[ Voted that the hearing on the Petition of Jaasiel Herriman
which was to have been this da\' before the General Court be
postponed until the Second Wednesday of the next session and
that said Herriman give notice in the Same manner as described
in the former order of Court and the same term of time prior to
said da}^ of hearing — ]
* 14-268 * Upon hearing and considering the Petition of the
Select men of Cockermouth voted that the PetiUoners
have leave to raise a Tax of one penny ^^ Acre for two years on
all the lands in said Town except the undivided lands and that
they have leave to bring in a Bill accordingl}' —
Upon hearing and considering the Petition of the Select men
of Chichester voted that the prayer thereof be granted and that
the Petitioners have leave to bring in a Bill accordingly providing
in said Bill that the monies be laid out in repairing high ways
only —
Voted that the hearing on tiie Petition of the Select men of
Ossippee which was to have been this day before the General Court
be postponed until to morrow of w-hich all persons concerned are
to take notice and govern themselves accordingly —
Adjourned to 9 o'Clock to morrow morning
THURSDAY Dec« S'" 1791.
The House met according to adjournment
The vote respecting taxing the lands in Cockermouth at one
penny ^"^ Acre for two years came down from the Honb' Senate
for the following amendment " that instead of one penn}^ for two
years there be liberty to raise a tax of two pence '^'' Acre for two
years [one year] upon all lands in said Town except public lots
or rights and except tlie undivided lands and that two \-ears be
1791] JOURNAL OF THE HOUSE OF REPRESENTATIVES.
allowed for compleating paj-ment which amendment was read and
concurred —
I'olcd that M'- Parker M'' Flanders, M'' Eastman M'' N Hoit
and AP Harper with such of the Honb' Senate as they may join
be a Committee to consider of an alteration proposed by the Honb'
Senate to be made in the resolve respecting post riders and post
routs and report thereon
An Act to vest the exclusive right and priviledge of keep-
ing a ferry over a Certain part of Merrimac River in
* John Bryant of Bow, his heirs and assigns, was read * 14-269
a third time and passed to be Enacted —
An Act for the appointment of Special Justices — was read a
third time and passed to be Enacted —
]''otcd that M' Plummer, W Payne, M'' Freeman M"' Young and
M" Badger with such of the Honb' Senate as they may join be a
Committee to consider of the Petition of Samuel Sherburne Esq''
and report thereon —
Voicd that M'' Gains M'' Badger, M"' Warner, M'' Leavitt and
M'' Bettan with such of the Honb' Senate as the}- ma}- join be a
Committee to consider of the Petition from the Parish of Deer-
field and report thereon —
fo/fc/that AP B Page, M' Kimball & W Holmes [Howe] with
such of the Honb' Senate as the}' may join be a Committee to
consider of the Petition of Joseph Bell and report thereon
An Act to vest in John Young his heirs and assigns the sole and
exclusive priviledge of building chimneys and altering those
already built agreably to a discovery and" invention of the said
Young according to the description of said discovery and Inven-
tion lodged in the Office of the Secretarj' of said state was read a
third time and motion was made that it pass to be Enacted — On
which motion the veas & navs were called and are as follows (viz)
Yeas.
M'' Pierce
INK B Page
iM-- Leavitt
M"' Wiggin
M>- Clifford
iM'' Plummer
Mr March
M'- Tibbets
M"^ Knox
Ml" N Emerson
Mr Jo» Smith
M' Bettan
M-- How
M-- Harper
:\f Badger
iM'- N Hoit
Mr Tasker
M-- Tash
Yeas.
M"- M'-Millan
M>- :\Iartin
M'' Warner
Ml- P. Clark
M"' J Duncan
Ml- Stiles
M>- Parker
Ml- Temple
M"- Bingham
Ml- Penniman
Mr Kimball
M"- Duncan
Mr Crawford
Mr Freeman
Mr Payne
Mr Ta'riton
Mr CargiU
422
NEW HAMPSHIRE EARLY STATE PAPERS.
[179I
Nays.
Nays.
Nays.
Nays.
Mr Gains
M'- Glidden
Mr Wallace
Mr Rand
Mr Connor
M'- Jon^ Smith
Mr Darling
Mr Allen
M"- Weeks
M>- Godfrey
Mr Gale
Mr Holmes
Ml- Dodge
Mr T Page
Mr Gerrish
Mr Stone
M"^ Currier
Ml- Kellie
Mr Flanders
Mr Gould
M'' Eastman
M'- VValdron
Mr Shepherd
Mr E Hoyt
.Mrjab== Smitli
M'- Cliamberlain
Mr Whitcomb
Mr Norris
Mr Clark
Mr Abbott
Mr Ale.\ander
Mr Hutchens
* 14-270 * 35 Yeas — 32 Nays, so it passed to be Enacted —
Voted that M'- J Clark, M'- Pierce and M'' McMillan
with such of the Honb' Senate as they may join be a Committee to
nominate to this House Six persons three of whom to be appointed
a Committee for laying out the road from Concord to Durham
r'<7/rfl' that M'Cilley M'' Rand and M'' Stiles with such of the
Honb' Senate as they may join be a Committee to consider of the
Petition of John Trott and report thereon
Voted that M'' Connor, M'' Parker M' Holmes M"^ W" Duncan
and M'' Pierce with such of the Honb' Senate as the)- may join
be a Committee to consider of a letter from James Macgregore
Esq'' to his Excellenc}- the President and the papers accompany-
ing the Same and report thereon —
Voted that M' Pierce, M'' Whitcomb & M'' Leavitt with such
of the Honb' Senate as the)- may join be a Committee to consider
of the Petition of John Reed praying to be put on the list of In-
valids he having lost an Arm while a Soldier in Cap' Weare's
Company and report thereon —
Upon reading and considering the Petition of Jonathan Warner
'Escf voted that the Petitioner be heard thereon before the General
Court on Thursday next and that the Petitioners cause that the
Executors to the Estate of George Atkinson Esq' deceased be
served with a Copy of the Petition and order of Court thereon
as soon as may be that they may then appear and shew cause if
any they have why the prayer thereof may not be granted —
'VUcd that M'' Flanders "M' Waldron & M'' Wiggin with such of
the Honb' Senate as they may join be a Committee to consider of
the Petidon of Col" William Gregg and report thereon —
The Committee on the Conway and Shelburne Petitions re-
ported that a Committee be appointed [bj' the General Court] who
shall at the expence of the State look out and fix on the tract in
which the road shall run from Conway to Shelburne and
* 14-271 report a plan of the Same to tlie General Court * at
their next Session and that anv further proceedings
1791] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 423
respecting said Petition be postponed until said report of the Com-
mittee shall be received — which report being read & considered
zwted that it be received and accepted —
Voted that M"' J Duncan M'' Badger & M'' Holmes be a Com-
mittee to nominate Six persons three of whom to be a Committee
to look out and fix upon the place in which the road shall run
from Conwaj' to Shelburne and report a plan of the same to the
General Court at their next session —
The Committee on the Petition of Nathanael Oilman reported
that the prayer of said Petition be granted and that the Petidoners
have leave to bring in a Bill accordingly, which report being read
and considered voted that it be received and accepted —
Adjourned to 3 o'Clock P. M —
Met accordingly
[Agreeabl}' to the order of the day proceeded to a hearing on
petitions.]
Upon hearing and considering the Petition of Stephen Harford
voted that the prayer thereof be so far granted as that he have
a trial on the Original Suit and that he have leave to bring in a
Bill accordingly —
An Act impowering the Children of John Fisher to hold real
Estate in this state — was read a third time and passed to be
Enacted —
I'^oted that the remainder of the hearings which were to have
been this day before the General Court be postponed until to
morrow of which all persons concerned are to take notice and
govern themselves accordingly —
Adjourned to 9 o'Clock to morrow morning
FRIDAY Dec" 9'" 1791.
The House met according to adjournment
]'otcd that M'' B Page, M"' Payne & M'" Bettan with such of the
Honb' Senate as they may join be a Committee to consider of the
Pedtion of Jonathan Tinney [Tenney] and report thereon
Voted that Nathan Hoit Ebenezer Smith and Joseph Badger
Jun'' Esquires be a Committee to look out and fix on the place
in which the road shall run from Conway to Shelburne and
report a plan of the same to the General Court at their next Ses-
sion —
* Voted that M'' Cilley 'M' Connor & M"' Allen with * 14-272
such of the Honb' Senate as they may join be a Com-
424 NEW HAMPSHIRE EARLY STATE PAPERS. [iJP^
mittee to consider of the Petition of Thomas Tash Esq'' and report
thereon —
]'otcd that M'' Pa_vne M'' D Emerson & AP Freeman with such
of the Honb' Senate as they may join be a Committee to consider
of the Petition of Susanna Dods^e and report thereon —
Voted that M'- Cilley M'' Whitcomb & M' Allen with such of
the Honb' Senate as they maj' join be a Committee to consider of.
the Account of John Morse & report thereon
Voted that M'' [J] Duncan M'' Godfrey, M'^ Whitcomb W
Rand and M'' Connor with such of the Honb' Senate as they may
join be a Committee to consider of the Petition of the Select men
of Hawke and report thereon —
Voted that M'' E Smith M' N Hoit, M'' Parker M'' Freeman and
M"' Hutchens with such of the Honb' Senate as they may join be a
Committee to consider of the Memorial of and Petition of William
Vans and others and report thereon —
An Act for laying out a road from Concord to Durham falls
and New Markett Bridge — was read a third time and passed to
be Enacted —
] 'oted thai M'' Macgregore, M"' Warner & M' Glidden with such
of the Honb' Senate as the}- may join be a Committee to consider
of the Petition of Experience Triskett and the papers accompany-
ing the Same and report thereon —
\'otcd that M' Freeman, M'' Simpson M'' Payne M"' Whitcomb
and M"^ J Duncan with such of the Honb' Senate as they may join
be a Committee to consider of the Petition of the Inhabitants of
Stratford and report thereon —
Resolved that in future the Town of Conway Bartlett and the
Locations to the North of Bartlett in this State together with
Sterling's Archibald Starks and Samuel Starks Locations south of
said Conway have liberty to choose & send a member to
* 14-273 the General Court — And that Tamworth Eaton * and
Burton [together with Blair's, Caldwell's M'Neal's, and
Martin's locations] also have libert)- to choose and send a Mem-
ber to said Court — Each of said Districts following the rules and
Regulations of the Constitution and Laws of said state for chusing
and Sending Representatives to said Court —
The Committee on the Petition of Col" William Gregg reported
that he have leave to withdraw his Petition — which report being
read and considered voted that it be received and accepted —
]^otcd that M'' Connor M'' Gains M'' Badger M'' N Hoit M''
Warner, M'' Flanders. AP Holmes. M'' Parker. M'' Simpson and
I791] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 425
M' Crawford with such of the Honb' Senate as they maj- join be
a Committee to consider whether an}- and what alterations shall
be made in the lines of the Several Counties in this state and
report thereon —
The Committee on the Petition of Joseph Bell reported that the
Petitioner be allowed thirty pounds to be paid out of the Treasury
which report being read and considered voicd that it be received
and accepted and that the President give order accordingly —
Adjourned to 3 o'Clock P. M.
Met accordinglv —
J'o/cd that M' Parker M' ] Duncan & M'' E Smith with such of
the Honb' Senate as the}' may join be a Committee to wait on the
Honb' Nath" Peabody Esq'' one of the Committee for revising and
printing the Laws of this state and enquire how far said Commit-
tee have proceeded and when it is probable said Laws will be
ready to be distributed, and report thereon —
J'o/cd that AP Freeman, M' Parker & ISI'' Warner with Such of
the Honb' Senate as they may join be a Committee to consider of
the Petition of Timothy Gibson and Samuel Dodge and report
thereon —
[The Resolve respecting Conway «S:c being a District for Rep-
resentation also that Tamworth &c be a district came down from
the Honb' Senate for the following amendment that the Locations
(viz) Blairs, Caldwells, McNeils & Martins be added to Tamworth
Eaton and Burton — which amendment was read and concurred — ]
Voted that the hearing on the Petition of Josiah Hast-
ings * which was to have been Yesterday before the *" 14-274
General Court be postponed until the second Thursdav
of the next Session and that the Petitioner give notice in the same
manner as prescribed in the former order and the same term of
time prior to said day of hearing —
Voted that M'' Payne M'' E Smith M' Simpson ]\P Warner
[Wallace] «& M'' Young with such of the Honb' Senate as they
may join be a Committee to consider of the Petition of Bazaleel
Woodward Esq' Treasurer for the County of Grafton & report
thereon —
Upon reading and considering the Petition of JNLiry Tufton
Mason voted that the prayer thereof be granted and that the
Petitioner have leave to bring in a Bill accordingly
Agreably to the order of the day proceeded to a hearing on
Petitions —
Upon hearing and considering the Petition of James Wallace
426 NEW HAMPSHIRE EARLY STATE PAPERS. [179^
voted that the prayer thereof be granted and that he have leave
to bring in a Bill accordingly —
Upon reading the resignation of the Honb' Sanford Kingsbury
Esq'' as one of the Commissioners for stating the demands of this
state against the United states — Voted that said Resignation be
accepted and that the thanks of the General Court be given to
said Sanford Kingsbury Esq'' for his attention to said business —
Voted that the Account of Sanford Kingsbury Esq' amounting
to thirteen pounds fifteen shillings be allowed & paid out of the
Treasury by order of the President —
An Act to restore Stephen Harford to his Law was read a third
time and passed to be Enacted —
An Act for regulating the fishery in Connecticut river was read
a third time and passed to be Enacted —
xVdjourned to 9 o'Clock tomorrow morning
SATURDAY Dec"^ 10'" 1791 —
The House met according to adjournment
* 14-275 * The following vote came down from the Honb' Sen-
ate tor Concurrence —
Whereas Sundry Towns and places in the Northerly part of
this state and the Inhabitants thereof have been taxed for a num-
ber of years past, Some of the Taxes [towns] and manj^ of the
Inhabitants are poor and have at ditferent times Petitioned the
General Court for an abatement or discharge of their taxes And
Whereas the Secretary has been ordered to advertise the unlocated
lands in said State for sale and as sundry oilers have been made
therefor and as it is highly probable that the otler would be
greatly increased if an^^ method was adopted for the granting of
said lands — Therefore voted that M'' Sheafe & M'' Peabody be a
Committee with such as the Honb' House may join to take into
consideration the above said matters and report thereon — which
vote was read and concurred and M'' Connor M'' E Hoyt M' J
Duncan M'' Penniman and M'' Freeman joined —
Upon reading and considering the Petition of Moses Carmey
voted that it be referred to the Committee on the Petition of Ne-
hemiah Clough —
An Act making provision in case of the death resignation or
removal from Office of the sherrifl" of any County, was read a
third time and passed to be Enacted —
The Committee on the Petition of Eliphalet Ladd reported that
the Petitioner receive twelve pounds in full for performing the
lypi] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 427
Service of Post rider in the County of Strafford for the last six
months and that the President give order accordingly, which
report being read and considered voted that it be received and
accepted with this alteration that he receive ten pounds in full for
said Service —
Voted that M'' Pierce M"' N Hoit M"' Darling AP Parker and M''
Young with such of the Honb' Senate as they may join be a Com-
mittee to take under consideration what business is yet necessary
to be done at this Session at what time the General Court shall
adjourn and at what place the next General Court shall
meet — also what allowance shall be made to the * Mem- * 14-276
bers of the Honb' Council in the Recess and to the
Honb' Senate and House of Representatives and their Officers for
travel and attendance the present Session and report thereon —
Voted that M'' Pierce, M' Connor, M'' Parker, M'' Emerson and
M'' Waldron be a Committee to consider and report what allow-
ance shall be made to his Excellency the President as a Salary
for the current year also what Salaries the Justices of the Supe-
rior Court and other Officers of the civil list shall receive —
An Act to impower the Inhabitants of Cockermouth in the
County of Grafton to levy a Tax on all the lands (Public lots and
undivided lands excepted) in said Town for making and repairing
the highways — was read a third time & passed to be Enacted —
The Committee on the Petition of John Mendum reported that
the prayer thereof be granted and that he have leave to bring in
a Resolve accordingly — which report being read and considered
voted that it be received and accepted —
Voted that M'' How. M'' E Smith & M'' Whitcomb with such of
the Honb' Senate as they ma\' join be a Committee to consider of
the Petition of John Tanner and report thereon —
Adjourned to Monday next at 3 o"Clock P. M.
MONDAY Dec« 12'" 1791.
The House met according to adjournment
Voted that M'' Pierce M'' Badger, M'' Wallace M'' Allen and M''
Freeman with such of the Honb' Senate as the}- may join be a
Committee to nominate to this House four persons two of whom to
be a Committee to settle all accounts due to the state prior to June
1784 and to discharge the Same on receiving such sum or Sums
or Security therefor as they shall judge proper —
[Read and debated Several Bills and a report on the Collection
of outstanding taxes — ]
428 NEW HAMPSHIRE EARLY STATE PAPERS. [^791
Voted that M'' Freeman, M'' Kimball M' Hoyt M' Gerrish and
M'' Rand with such of the Honb' Senate as they may join be a
Committee to consider and report what shall be done respecting
lands that have been heretofore located in this state where the
conditions of the grant has not been complied with —
* 14-277 * Voted that M'' Young, M"' Penniman and M' Stiles
with such of the Honb' Senate as they may join be a
Committee to consider of the Petition of Phinehas Parker and re-
port thereon —
The Committee on the Petition of William Vans and others
reported a Resolve in the following words —
Upon reading and considering the Petition of William Vans and
others in behalf of the Proprietors of the Township of Errol and
Millsfield in the County of Grafton in said State setting forth
that by reason of a variety of Complicated embarrasments the
proprietors had not been able to make the cultivation and settle-
ments of said Township agreable to the conditions subjoined to
the original grants or Charters of said Townships respectively,
and among other things prayed that a further time be allowed to
the said proprietors lor compleating the same which appearing
reasonable — Therefore —
Resolved that a further term of ten years from the passing this
resolve be and hereby is allowed to said proprietors to complete
the Settlements and cultivations of said Townships respectively
provided that within one year from the passing this Resolve the
proprietors of said Township of Erroll paj- into the Treasury of
this state the Sum of one hundred and eighteen pounds six shil-
lings Lawful money and that the proprietors of said Township of
Millsfield pa}' into said Treasury' the Sum of One hundred and
one pounds eight shillings Lawful mone}' which sums upon exam-
ination are computed and stated to be the full for the arrears or
proportions of those Townships respectively to all public taxes
that have or ought to have been apportioned to said Townships
respectivel}- to make them equal with other Townships under cim-
ilar circumstances within this state as to the public taxes that
have been called for upon the apportionments heretofore made in
this state —
And it is hereby further Reso/ved in all public Taxes
* 14-278 * called for in future the proportion of the said Town-
ship of Errol shall be seven shillings upon each thou-
sand pounds to be raised in the state and the proportion of the
said Township of Millstield shall be six shillings upon each
I79I]
JOURNAL OF THK HOUSE OF REPRESENTATIVES.
4-9
Thousand pounds so raised until a new proportion shall be made
among the Several [towns] and places in this state — which resolve
being rend and considered voted that it be received and accepted —
Adjourned to 9 o'Clock to morrow morning
TUESDAY Dec« 13'" 1791
The House met according to adjournment
An Act to restore Jonathan Wodly to his Law, was read a third
time and passed to be Enacted —
The Committee on the Petition of Timothy Gibson and Samuel
Dodge Reported that the Bonds mentioned in said Petition be re-
mitted, the Petitioners paying all costs that hath already arisen
and that they have leave to bring in a Resolve accordingly which
report being read and considered voted that it be received & ac-
cepted
Upon reading and considering the report ot" the Committee on
the Collection of outstanding taxes much debate ensued and on
that part of the report which respected the receiving from Towns
and collectors who are deficient in paj-ing their Certificate and
Indent taxes ten shillings in Silver or Gold in lieu of twenty shil-
lings in Certificates and Indents — the yeas and nays were called
and are as follows (viz)
M' Gains
Mr Leavitt
Mr Dodge
M"^ Wiggin
M"" Currier
M"" Plummer
Mr Bettan
M>- Kellie
*Nays.
Mr Pierce
Mr Connor
Mr Macgregore
Ml- Weeks
Mr Jab^ Smith
Mr Marcli
M'- Clark
M'- Tibbets
M'-Gliclden
3 1 Yeas —
mitted —
.Ml- Badger
M-- Bedee
Ml- M'^Millan
Ml- Warner
Mr J Duncan
Ml- Wallace
Ml- Gale
Ml- Stiles
Nays.
M"- Jon" Smith
Ml- Knox
Ml- Waldron
.Ml- E Smith
M>- N Hoit
Ml- Tasker
•Ml- Tash
Ml- Chamberlain
YtMS.
M'- Whitcomb
.Ml- Parker
Ml- Alexander
.Mr Temple
Ml- Allen
Ml- Holmes
Ml- Penniman
Ml- Stone
Ml- R Macgregore
Ml- D Emerson
Mr Abbott
.Mr P Clark
.Mr Darling
Mr Gerrish
Mr Flanders
Mr .M Smith
Yeas.
.Mr Duncan
.Mr Gould
.Mr Crawford
.Mr E Hoit
.Mr Freeman
Mr Payne
.Mr Norris
N:iys. * I
Mr Rand
.Mr Bingham
Mr Kiniball
.Mr Hutchens
Mr Tarlton
Mr Simpson
Mr Vouna;
.Mr CargiU
4-279
■33 Navs — so it was negatived and the report recom-
430 NEW HAMPSHIRE EARLY STATE PAPERS. [l79I
Upon reading and considering the Petition of Joseph Pierce
[Peirce] in behalf of the Inhabitants of New Durham Gore z'otcd
that tiie praj'er thereof be granted and that he have leave to bring
in a Bill accordingly —
An Act altering the time of holding the Annual meeting in
Dunbarton — was read a third time and passed to be Enacted —
Upon reading and considering the Petidon of Phinehas Parker
and the report of a Committee thereon voted that the Petitioner
be heard thereon before the General Court on the Second Thurs-
day of the next Session and that in the mean time the Petitioner
cause that the Petitionee be served with a Copy of the Petition
and order of Court thereon Six weeks prior to said day of hear-
ing that he may then appear and shew cause if any he hath whj'
the prayer thereof may not be granted — and that all further pro-
ceedings against said Parker be stayed until the decision of the
General Court —
]^otcd that M'' E Smith M'' Young and M'' Simpson with such
of the Honb' Senate as they mav join be a Committee to consider
of the Petition of Joseph Kimball Esq'' and report thereon —
Whereas Timothj- Gibson and Samuel Dodge have Petitioned
the General Court representing that they were bound for the ap-
pearance of one David Dodge at the Superior Court of Judicature
holden at Amherst in and for the County of Hillsbor-
* 14-280 ough on the first Tuesday of October * last, and that
the said David hath absconded so that the}' could not
surrender his body into Court agreabl}' to the tenor of their
recognizance whereby they have become liable to paj- the Sum
of One hundred pounds each and praj'ing that they may not be
prosecuted therefor but that the Same be remitted unto them
Therefore Resolved that the penalties aforesaid incurred as
aforesaid be remitted unto the said Timothy Gibson and Samuel
Dodge Provided Nevertheless that the said Timothy Gibson and
Samuel Dodge shall at or before the next Superior Court of Judi-
cature for said Count)' pay all legal Costs that have arisen in con-
sequence of the prosecudon against the said David Dodge and on
account of the forteitures incurred by them
Adjourned to 3 o'Clock P M.
Met accordingly
Voted that M'' Connor •M'' Badger &"M'' E Snfith with such of
the Honb' Senate as the)' may join be a Committee to consider of
the Petition of Benjamin Lamson and report thereon —
Agreabl}' to the order of the day proceeded to a liearing on
Petitions —
1791] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 43 1
Upon hearing and considering the Petition of the Town of
Dorchester voted that the prayer thereof be so far granted and
that he have leave to bring in a Bill for raising two pence "^^ Acre
on all the lands in said Town
Upon hearing and considering the Petition of Joel Doolittle
voted that the prayer thereof be granted and that he have leave to
bring in a Bill accordingly —
Upon hearing and considering the Petidon from New Grantham
voted that the prayer thereof be granted and that they have leave
to bring in a Bill accordinglv
Voted that M'- E Smith M'' Whitcomb M'' Tarlton * M'' * 14-2S1
N Hoit and M'' Rand with such of the Honb' Senate as
they may join be a Committee to consider of a Letter from Doct'
Samuel Tinney [Tennej-] and [Doctor] William Parker [Jun']
to his Excellency the President and the papers accompanying the
Same also of the Petition of John Hale and report thereon —
Voted that M'' Macgregore M"' Parker »& M'' Gale with such of
the Honb' Senate as they may join be a Committee to consider of
the Petition of Joseph Eaton Kiniston and report thereon —
Voted that M'' Tash M' Holmes and M'' Allen with such of the
Honb' Senate as they may join be a Committee to consider of the
Memorial of Cap' Titus Salter »& report thereon —
An Act for assessing two pence ^'' Acre on the Nonresidents
lands in Chichester for repairing a Road through said Town was
read a third time and passed to be Enacted —
Whereas a Petition hath been prelerred to the General Court in
behalf of the Town of New Grantham by the selectmen thereof
setting forth that the Towns of New Grantham and Cornish were
classed to Send a Representative and in the j-ear 1787 it then
being the priviledge of New Grantham to send a Representative
and the Inhabitants of Cornish being notified met with the Inhab-
itants of New Grantham when it was voted not to send a Repre-
sentative that }-ear but the Inhabitants of Cornish supposing them-
selves to be sufficient in number to send a Representative warned
a Meeting and chose one accordinglj' and the Town of New
Grantham were called upon to pay their proportion for the pay-
ment of said Representative and praying relief therefor — Therefore
Resolved that the aforesaid Sum of five pounds be abated the said
Town of New Grantham and that the Treasurer govern himself
accordingly and the said five pounds shall be charged to the said
Town of Cornish and the Treasurer shall proceed in the
same manner to recover of the said Town of * Cornish * 14-282
432 NEW HAMPSHIRE EARLY STATE PAPERS. [^791
the said five pounds as b}* Law he would have done if the same
had been originally laid or apportioned on said Town ot" Cornish —
Adjourned to 9 o'Clock to morrow morning
WEDNESDAY Dec^ i^^'^ 1791 —
The House met according to adjournment
Vofed that JM'' Freeman M'' N Hoit, M'' Carr, AP How and M''
Simpson with such of the Honb' Senate as they ma}- join be a
Committee to consider of the Petition of James Gould and all
Similar matters and report thereon
J'o/ed that M'' Flanders, A'P Harper & M'' Dodge with such of
the Honb' Senate as they may join be a Committee to consider of
the Petition of Benjamin Trip and report thereon —
Vo/cd that the Secretar}^ be directed to procure two hundred
printed copies of the Act respecting schools passed the present
Session that the same may be distributed to the Several Towns in
this state at the close of the present Session
The Committee on the Petition of Susanna Dodge reported that
the Judge of Probate in said County be impowered to issue a new
Commission of Insolvency on said estate the lapse of time not-
withstanding provided said Judge shall think it proper and
reasonable that such Commission should issue — which report
being read and considered voted that it be received and accepted
and that a Bill be brought in for that purpose —
An Act to impower Nathanael Oilman Esquire to sell certain
Real estate of Mary Ann Odlin and Charlotte Odlin was read a
third time and passed to be Enacted —
Upon reading and considering the Petition of Samuel Sher-
burne Esq'' and the report of a Committee thereon voted that the
Petitioner be heard thereon before the General Court on Tuesday
next and that the Petitioner cause that the Petitionee
* 14-283 be served with a Copy of the Petidon and order *of
Court thereon as soon as may be that she may then
appear and shew cause (if any she hath) why the prayer thereof
may not be granted —
Voted that the hearing on the Pedtion of John Tasker Esq'' and
others which was to have been this day before the General Court
be postponed to the second Wednesday of the next Session and
that in the mean time the Petitioner cause that notice be given in
the same manner as described in the tbrmer order and the same
length of time prior to said day of hearing — Also that the hear-
1791] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 433
ing on the Petition of the Proprietors of Eaton and Burton be post-
poned to the Second Wednesday of the next Session —
The Committee on the Petition of Henry Young Brown reported
that an Act or Resolve be passed impowering and directing the
Judge of the probate of Wills &c for the County of Rockingham
to appoint Commissioners to examine such further claims against
the Estate of his Excellency Governor Wentworth as have not yet
been examined and that he certify the claims so examined and by
him allowed as in other cases — which report being read and con-
sidered voted that it be received and accepted —
Adjourned to 3 o"Clock P. M —
Met accordingly —
The folloing vote came down from the Honb' Senate for Con-
currence —
[In Senate Dec'' 14"' 1791 — ]
Voted that M' Rogers, M"' Dow, M' Peabody, M"' Toppan M"'
Sheafe & M' Page [Payne] with such of the Honb' House as
they may join be a Committee to consider a Report of one of the
Committee for revising the Laws and to examine the printed
sheets of Laws by him Exhibited and report what further measures
are necessary to be taken for compleating the Code which report
being read and considered voted to concur the Same and that M"'
Badger M" Parker M' Emerson M' Macgregore and M' Young be
joined —
An Act to enable Mary Tufton Mason to take an appeal from
a certain decree of the Court of Probate for the County
of * Rockingham to the Superior Court next to be * 14-284
holden in the Same County — was read a third time and
passed to be Enacted —
Agreably to the order of the day proceeded to a hearing on
Petitions —
Upon hearing and considering the Petition of Thomas Pinkham
voted that the prayer thereof be granted and that he have leave
to bring in a Bill accordingly —
Upon hearing and considering the Petition of Alexander Plumb-
ley against Col" Ebenezer Brewster voted that the further con-
sideration thereof be postponed until the Second Wednesday of
the next session of which all concerned are to take notice and
govern themselves accordingly —
Upon hearing and considering the Petition of Alexander Plumb-
ley against Solomon Jacobs — voted that the pra\-er thereof be
granted and that he have leave to bring in a Bill accordinglv —
434
NEW HAMPSHIRE EARLY STATE PAPERS.
[179I
Voied that the remainder of the Hearings which were to have
been this day before the General Court be postponed until to mor-
row of which all persons are to take notice and govern themselves
accordingly —
Adjourned to 9 o'Clock to morrow morning —
THURSDAY DecR 15'" 1791
The House met according to adjournment
After reading several Bills, proceeded agreably to the order of
the day to a hearing on Petitions — [but came to no determination]
Adjourned to 3 o'Clock P M —
Met accordingly —
Voied that M"' Young, M' Cilley & M"" Bettan with such of the
Honb' Senate as they may join be a Committee to consider of the
Petition of Smith Emerson & report thereon —
Upon hearing and considering the Petition of David Webster Esq''
motion was made that the prayer thereof be granted — On which
motion the yeas and naj's were called and are as follows — viz —
•u-285 *Yeas.
Yeas.
Yeas.
Yeas.
Mr Gains
Mr Jo^ Smith
Mr Abbott
Mr Allen
M-- Weeks
Mr Bettan
Mr P Clark
Mr Holmes
Mr Currier
Mr Kellie
Mr Gregg
Mr Penniman
M'- Jab^ Smith
Mr Carr
Mr Duncan
Mr Griffin
Mr Plummer
Mr Bedee
Mr Darling
Mr Stone
Mr Glidden
Mri\ Hoit
Mr Gale
Mr Gould
Mr Jon» Smith
Mr Tasker
Mr Shepherd
Mr Crawford
Mr W™ Duncan
Mr Chamberlain
Mr Stiles
Mr E Hoit
Mr N Emerson
Mr McMillan
Mr Parker
Mr Norris
Mr Godfrey
Mr D Emerson
Mr M Smith
Mr Hutchens
Mr T Page
Nays.
Nays.
Nays.
Nays.
Mr Pierce
Mr Cillev
Mr Warner
Mr Rand
Mr Macgregore
Mr Kno.x
Mr Jn" Smith
Mr Bingham
M'- Leavitt
Mr How
Mr Wallace
Mr Kimball
Mr Dodge
Mr Waldron
Mr Whitcomb
Mr Freeman
Mr Wiggin
Mr Tash
Mr Ale.xander
Mr Payne
Mr Cliflbrd
Mr Macgregore
Mr Temple
41 Yeas — 23 Nays — so it was granted and leave to bring in a
Bill accordingly —
Voted that the remainder of the hearings which were to have
been this day before the General Court be postponed until to mor-
row of which all persons concerned are to take notice and govern
themselves accordingly —
Adjourned to 9 o'Clock to morrow morning —
1791] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 435
FRIDAY Dec« i6"> 1791.
The House met according to adjournment
Voted that M"' Macgregore M'' Payne M"' Pierce M'' Young and
M"' Parker with such of the Honb' Senate as they may join be a
Committee to consider of a Bill in addition to an Act intitled an
Act to establish an equitable method of making rates and taxes
Sec. and report thereon
Voted that M'' Emerson M'' Simpson & M'' Tash with such of
the Honb' Senate as they may join be a Committee to consider of
the Petition of the Select men of Durham, New Market and
Stratham and report thereon —
The Committee on the Petition of Jeremiah Eastman and Ed-
mund Chadwick in behalf of the Parish of Deerfield — reported
that the order drawn in favour of said Deerfield amounting to
two hundred and fifty nine pounds and Seven pence,
* is now justly due and that it ought to be paid in Cer- * 14-286
tificates in favour of said Deerfield and the Treasurer
exchange the Same — which report being read and considered
voted that it be received and accepted —
Voted that M"' Badger M"' E Smith & M"' Griffin with such of
the Honb' Senate as they may join be a Committee to consider of
the Petition of Col° Moses Kelley and papers accompanying the
Same and report thereon —
Voted that M"^ Rand, M' Allen & M' Gains with such of the
Honb' Senate as they may join be a Committee to consider of the
Account of Ichabod Rollins Esq' and report thereon
Voted that M'' Bettan AP P Clark & M"- Clifford with such of
the Honb' Senate as they may join be a Committee to consider of
the Petition of Samuel Silsby and report thereon —
Upon reading and considering of the Petition of Daniel Rindge,
Thomas Martin and John Pickering Esq" voted that the prayer
thereof be granted and that they have leave to bring in a Bill
accordingly —
Adjourned to 3 o'Clock P. M —
Met accordingly —
Upon reading and considering the Petition of Joseph Whipple
Esq'' and others voted that it be referred to the Committee on un-
located Lands —
Upon reading and considering the Petition of the Managers
of New Castle Lottery, voted that the prayer thereof be so far
granted as that a Committee be appointed to view the Situation
436
NEW HAJIPSHIRE EARLY STATE PAPEI
[179I
& examine into their proceedings and report thereon — and that
said Committee consist of M' Duncan AP N Hoit, M' Holmes M"'
Young & M"' P. Clark with such of the Honb' Senate as they may
join for said purpose —
Agreably to the order of the daj^ proceeded to a hearing on
Petitions, but the determination was postponed —
Voted that the remainder of the hearings which were to
have been this day before the General Court be post-
* 14-287 poned * until to morrow of which all persons concerned
are to take notice and govern themselves accordingly —
Adjourned to 9 o'Clock to morrow morning —
SATURDAY Dec«
1791.
The House met according to adjournment
Proceeded to a determination on the Petitions which were heard
Yesterda}' —
Upon considering the Petition from Littleton and Dalton voted
that the prayers thereof be granted and that they have leave to
bring in a Bill accordingly —
Upon considering the Pedtion of Samuel Smith and others
Motion was made that the prayer thereof be so far granted as to
give the Petitioners libert}' to bring forward an Action in the na-
ture of a Review — and that a Bill for that purpose be brought in
accordingly — on which motion the Yeas and nays were called
and are as follows (viz) —
Yeas.
Yeas.
Yeas.
Yeas.
M"- Weeks
Mr Godfrey
Mr Wallace
Mr Penniman
Mr Leavitt
.Mr T Page
.Mr Darling
Mr Kimball
M-- Dodge
Mr Jo Smith
Mr Gale
Mr S Duncan
M"- Wiggin
.Mr How-
.Mr Gerrish
Mr Gould
M^ Clifford
Mr Waldron
Mr Flanders
Mr Crawford
Mr Currier
.Mr Harper
.Mr Shepherd
Mr E Hoyt
M'' Eastman
Mr .\ Hoit
Mr Stiles
.Mr Norris
Mr Cillev
.Mr Tasker
Mr Parker
Mr Hutchens
Mr Tibb'ets
Mr R Macgregort
i .Mr Temple
Mr Tarlton
M' Glidden
Mr Abbott
Mr .M Smith
Mr Young
Mr Knox
.Mr F Clark
Mr Allen
Mr Cargill
Mr N Emerson
Nays.
Nays.
Nays.
Nays.
Mr Gains
.Mr Jab^ Smith
.Mr W" Duncan
Mr Badger
Mr Pierce
Mr I'lummt-r
Mr Bettan
Mr E Smith
Mr Macgregore
Mr March
Mr Kellie
Mr Bedee
Mr B Page
Mr J Clark
.Mr Carr
Mr Tash
Nays.
Nays.
Mr
■ Bingham
M"- Stone
M'
Holmes
Ml' Freeman
M''
■ Griffin
Mr Payne
1791] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 437
Nays. Nays.
M' Chamberlain M^ Jn" Smith
M-- AKMillan M>- Whitcomb
M'' Warner M'' Ale.xander
iM-- Gregg M"- Rand
45 Yeas — 30 Nays — so the prayer thereof was granted [So
the inotion prevailed]
Agreably to the order ot" the day proceeded to a hearing on
Petitions but came to no determination — [thereon.]
* l^oh-d that the remainder of the hearings which * 14-288
were to have been this day before the general Court be
postponed until Tuesday' next of which all persons concerned are
to take notice and govern themselves accordingly
Adjourned to Monday next at 3 o'Clock P. M —
MONDAY DecR 19'" 1791.
The House met according to adjournment
The [Honb' the] Speaker being absent motion was made for
the choice of a Speaker Protempore and the Honb' Elisha Payne
Esq"' was chosen for that purpose —
An Act to lev}' a Tax of one penny ^'' Acre on the Nonresi-
dents lands in Ossippee for the purpose of making and repairing
highways was read a third time and passed to be Enacted —
An Act for the inspection of Pot and Pearl ashes was read a
third time and passed to be Enacted —
Vo fed that M' Stiles M"' Knox [Peirce] and jNP Jn" Smith with
such of the Honb' Senate as they maj- join be a Committee to con-
sider of the Petition of Robert Wier and report thereon —
An Act to impower the Inhabitants of Dorchester in the County
of Grafton to levy a tax on all lands (public lands excepted) in
said Town for making and repairing the highways — was read a
third time and passed to be Enacted —
Upon reading and considering the Petition of James Nicols and
others z'ofed that the praj-er thereof be granted and that he have
leave to bring in a Bill accordingly —
J^ofcd that M'' Holmes M'' Temple & M"^ R INIacgregore with such
of the Honb' Seiaate as they ma}' join be a Committee to consider
of the Petition of Joseph Hammond & report thereon —
Adjourned to 9 o'Clock to morrow morning
438 NEW HAMPSHIRE EARLY STATE PAPERS. [179^
TUESDAY Deck 2o"> 1791 —
The House met according to adjournment
The Speaker & Speaker Protempore being absent motion was
made for the choice of a Speaker Protempore and the Honb'
Jonathan Freeman Esq'' was chosen —
* 14-289 * The Committee on the Account of Ichabod Rollins
Esq'' reported that he be allowed the Sum of fifteen
pounds twelve shillings and three pence in full of said Account
which report being read and considered voted that it be received
and accepted and that the President give order accordingly —
Resumed the consideration of the Petitions which were heard on
Saturday last and after considering the Petition of Benjamin Ab-
bott — j'o^c^ that the praj-er thereof be granted and that he have
leave to bring in a Bill accordingly
Upon considering the Petition of the Proprietors of Unity voted
that the prayer thereof be granted and that they have leave to
bring in a Bill accordingly —
Upon considering the Petition from 'Wendall Lempster Unity
Fishersfield and Newport voted that the prayer thereof be granted
and that they have leave to bring in a Bill accordingly —
Voted that M'' Stiles, M'' Currier & M'' Bingham with such of
the Honb' Senate as they may join be a Committee to consider of
the Petition of John Banfill and report thereon
Upon reading and considering the Petition of George Gains
Esq' and others voted that the prayer thereof be granted and that
they have leave to bring in a Bill accordingly —
The Committee on the Petition of Benjamin Lamson and others
reported that the prayer thereof be granted and that they have
leave to bring in a Bill accordingly — which report being read and
considered voted that it be recei^•ed and accepted —
Upon reading and considering the Petition of Smith Emerson
and the report of a Committee thereon voted that the Petitioner
be heard thereon before the General Court on Frida}^ next and
that the Petitioner cause that the select men of Lee and Polly Foss
be served with a Copy of the Petition and order of Court thereon
to morrow that they or either of them may then appear and shew
cause (if any they have) why the prayer thereof may not be
granted —
* 14-290 * Voted that M'' Badger M'' J Macgregore & M"' E Hoit
with such of the Honb' Senate as they may join be a
Committee to consider of the Petition of Thomas Simpson and
report thereon —
1791] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 439
Voted that M"' Pierce, M'' Emerson & M'' Badger with such of
the Honb' Senate as they may join be a Committee to consider of
the Petition of Thomas Manning and report thereon —
An Act to impower the Inhabitants of New Grantham in the
County of Cheshire to levy a Tax on all the lands (public lands
Excepted) in said Town for making and repairing highways
therein — was read a third time and passed to be Enacted —
Adjourned to 3 o'Clock P : M. —
Met accordingly
Voted that the Petition of John Lapish and John Rob be referred
to the Committee on Invalids —
Upon reading and considering the Petition of the Inhabitants of
the Town of Bartlett, voted that it be referred to the Committee
on Count}' lines —
Agreably to the order of the day proceeded to a hearing on
Petitions — but came to no determination —
Voted that the remainder of the hearings which were to have
been this day before the General Court be postponed until to mor-
row of which all persons concerned are to take notice and govern
themselves accordingl}' —
Adjourned to 9 o'Clock to morrow morning
WEDNESDAY Dec« 21*' 1791
The House met according to adjournment
The vote respecting the hearing on the Petition of Smith Emer-
son came down from the Honb' Senate for the following amend-
ment ' ' that he be heard on Tuesday next instead of Friday " which
was concurred
* An Act to levy a Tax of two pence '^'' Acre on all * 14-291
the Lands in the Town of Washington for the purpose
of making and repairing highways — was read a third time and
passed to be Enacted —
Upon reading and considering the Petition of Susanna Dodge
zoted that the Petitioner be heard thereon before the General
Court on the Second Thursday of the next Session and that in the
mean time the Petitioner cause that the Substance of the Petition
and order of Court thereon be published three weeks Successively
in the New Hampshire Spy also posted up in Some public place
in the Town of Amherst the same term of time — six weeks prior
to the sitting of said Court that any person or persons may then
appear and shew cause why the prayer thereof may not be
440 NEW HAMPSHIRE EARLY STATE PAPERS. [^791
granted and that all proceedings against the said Susanna respect-
ing said Estate be stayed until the decision of the General Court —
Resolved that the Judge of Probate for the County of Rocking-
ham be and hereby is impowered and directed to appoint Commis-
sioners to examine such further claims against the Estate of his
Excellency Governor Wentworth as have not yet been examined
and allowed and that the same be certified as in other cases — Or
lengthen out the time for the Commissioners who have already
been appointed to receive and examine such claims and certify
them as aforesaid as to the said Judge of Probate may appear for
the public good —
Upon reading and considering the Petition of Sarah Gray voted
that the Petitioner be heard thereon before the General Court the
Second Thursday of the next Session and that in the mean time
the Petitioner cause that the Substance of the Petition and order
of Court thereon be published three weeks Successivly in the
New Hampshire Gazzettee and in one of the Boston
* 14-292 news papers Six weeks prior to the day *of hearing
that any person or persons may then appear and shew
cause (if any they have) why the prayer thereof may not be
granted —
Agreably to the order of the day proceeded to a hearing on
Petitions —
Upon hearing and considering the Petition of Jonathan Warner
Esq' — voted that said Petition be dismissed
Adjourned to 3 o'Clock P. M —
Met accordingly
An Act to incorporate certain persons by the name of the New
Hampshire friendly Society" was read a third time and passed to
be Enacted —
Voted that A'P Gains, M'' P : Clark «& jSP Knox with such of the
Honb' Senate as they may join be a Committee to consider of the
Petition of Willis Hall and report thereon —
An Act to impower the Judge of Probate of the County of
Rockingham for the time being to appoint Commissioners and
allow a further time for settlement of the Estate of Robert Curtis
deceased represented Insolvent — was read a third time and passed
to be Enacted —
An Act to authorize the Assessment and collection of Taxes in
the Township of Coventrj' in the County of Grafton in said State,
was read a third time and passed to be Enacted —
An Act to impower watchmen to apprehend and commit dis-
1791] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 44I
orderly persons as is herein after described was read a third time
and passed to be Enacted —
Agreabl}' to the order of the da}- proceeded to a hearing on
Petitions —
Upon hearing and considering the Petition of Benjamin Brown
Jun"^ voted that the pra3'er thereof be granted and that thej- have
leave to bring in a Bill accordingl}- —
Voted that the hearing on the Petition of Gideon * Tif- * 14-293
fany, also the Petition of Abner Sanborn and others
which were to have been this Session before the General Court
be postponed to the second Thursday of the next Session of which
all persons concerned are to take notice & govern themselves
accordingly — but that the Execution against said Tiffany be no
further stayed by order of Court —
]'oted that the hearing on the Petition of Samuel Sherburne
Esq' be postponed until Friday next at 3 o'Clock P. M. of which
all concerned are to take notice and govern themselves accord-
ingly —
Voted that M'' Freeman, M'' Parker, M"' R Macgregore AP Jo'
Smith and M'' Wallace with such of the Honb' Senate as they may
join be a Committee to consider of the Petition of John Young
Esq'' and report thereon
Adjourned to 9 o'Clock to morrow morning
THURSDAY Dec« 22'" 1791.
The House met according to adjournment
An Act to disannex certain lands in the Town of New Castle
with their Inhabitants from said Town & Annex the Same to the
Parish of Rye, was read a third time and passed to be Enacted —
Voted that his Excellency the President have and receive out
of the Treasury the Sum of Two hundred pounds as a Salary
from June 1791 to June 1792 and that he take order accord-
ingly—
On the report of a Committee that the Salary of the chief Jus-
tice be One hundred and eighty pounds the Yeas and nays were
called and are as follows — (viz)
Yeas. Yeas. Y'eas. Yeas.
M't;ains MrWiggin M"- March M-- Carr
M"- Pierce iM"- Clifford Af Duncan M'- Waldron
I\I'- Connor M'' Plummer Mr Kno.x M-- R Macgregore
Al'' Macgregore M^ Ciller .M^ X Emerson M'' D Emerson
Af Leavitt M'' Gliddeu M^ Bettan iM^ Warner
442
NEW HAMPSHIRE EARLY STATE PAPERS.
[179I
Yeas.
Yeas.
Yeas.
Yeas.
Mr J Duncan
Mr Temple
Mr Nicols
Mr Tarlton
M"- Parker
Mr Griffin
Mr Freeman
Mr Young
AU Alexander
Mr Duncan
Mr Payne
Mr Weeks
•14-294 •Nays.
Nays.
Nays.
Nays.
M-- B Page
Mr T Page
Mr Tash
Mr Stiles
M"^ Dodge
Mr Jona Smith
Mr Chamberlain
Mr M Smith
Mr Currier
Mr Godfrey
Mr M^'Millan
Mr Allen
M' Eastman
Mr T Page
Mr .Abbott
Mr Rand
Mr Jab^ Smith
Mr Jo^i Smith
Mr P Clark
Mr Bingham
M' J Clark
Mr Kellie
Mr Gregg
Mr Holmes
Mr March
Mr Harper
.Mr Wallace
Air Penniman
M-- Tibbetts
Mr Badger
.Mr Gale
Mr Stone
[Mr Glidden]
Mr Jona Smith
Mr E Smith
Mr Norris
Mr Kimball
Mr E Hoyt
Mr Gerrish
Mr Hutchens
Mr Crawford
Mr Bedee
[Mr AVhitcomb]
Mr Simpson
Mr Godfrey
Mr x\ Hoit
Mr Shepherd
32 Yeas — 46 Nays' — so it was not accepted —
Adjourned to 3 o'Clock P. M —
Met accordingly —
Upon reading and considering the Petition of Joseph Hammond
and the Report of a Committee thereon voied that the Petitioner
be heard thereon before the General Court on the first Tuesday of
the next Session and that in the mean time the Petitioner cause
that the Petitionee be served with a Cop}^ of the Petition and
order of Court thereon Six weeks prior to said day of hearing
that he may then appear and shew cause (if any he hath) why
the prayer thereof may not be granted and that all proceedings in
consequence of the Judgment of Court therein mentioned be
stayed until a decision of the General Court —
On Motion that the chief Justice of the Superior Court have and
receive One hundred and Seventy pounds as a Salary the Yeas
and Nays were called and are as follows —
Yeas.
Mr Gains
Mr Pierce
Mr Connor
Mr Macgregore
Mr B Page
Mr Weeks
Mr Dodge
Mr Wiggin
Mr Clifford
Mr Plummer
Yeas.
Mr Cilley
Mr March
M r W'" Duncan
Mr Knox
Mr N Emerson
Mr M'-.MilInn
.Mr R Macgregore
Mr Warner
Mr Gregg
Mr In" Smith
Yeas.
.Mr Bettan
Mr Carr
Mr How
Mr Waldron
.Mr E Smith
Mr T.nsh
Mr J Duncan
Mr Parker
Mr .Me.xander
Mr Temple
Yeas.
Mr Griffin
Mr Stone
Mr Duncan
Mr Nicols
Mr Freeman
Mr Payne
Mr Tarlton
Mr Simpson
Mr Young
Tlie names of Godfrey, T. Page, and Jon" .Smith are repeated in the list of nays
1791] JOURNAL OF THE HOUSE OF REPRESENTATIVES.
443
•Nays.
Nays.
Nays.
Nays. * 14-295
Mr Currier
Mr Kellie
Mr Gale
Mr Bingham
Mr Eastman
Mr Harper
Mr Gerrish
Mr Holmes
Mr Jab' Smith
Mr Badger
Mr Flanders
Mr Penniman
Mr Clark
Mr N Hoit
Mr Shepherd
Mr Kimball
Mr Tibbetts
.Mr Chamberlain
Mr Stiles
Mr Gould
Mr Glidden
Mr Abbott
MrWhitcomb
Mr Crawford
Mr Jon" Smith
Mr P Clark
■Mr M Smith
Mr E Hovt
Mr Godfrey
Mr Wallace
.Mr Rand
Mr N orris
Mr T Fat;e
Mr Darling
Mr Allen
Mr Hutchens
Mr Jo» Smith
39 Yeas — 37 Nays — So it passed in the atlirmative —
Voted that the Honb' John Pickering Esq'' have & receive One
hundred and Seventy pounds as a Salary as chief Justice of the
Superior Court of Judicature and the other Justices of Said Court
one hundred and thirty pounds each as a Salary from June 1791
to June 1792 — the fees they may severally receive in the Course
of their business being deducted out of said Salaries — That the
President give order on the Treasurer for the remainder of said
Sums to be paid in Quarterly payments — That the Treasurer re-
ceive two hundred and forty pounds in full for all his Services to
include his responsibility in Office, Office hire, Stationary and all
other charges — The Attorney General Sixty pounds — Secretary
fifty pounds and that the President give order accordingl}- — that
said Sums be considered as Salaries to said Officers from June
1791 to June 1792 —
Upon reading and Considering the Petition of Robert Wier
and the report of a Coinmittee thereon voted that the Petitioner
be heard thereon before the General Court on the first Tuesday
of the next Session and that in the mean time the Petitioner cause
that the Petitionee be served with a Copy of the Petition and
order of Court thereon six weeks prior to the said day of hearing
that he may then appear and shew cause (if any he hath) why
the prayer thereof may not be granted and that all proceedings
in consequence of said Judgment be stayed until a decision of
the General Court —
* Voted that the Treasurer immediately call on all per- * 14-296
sons indebted to the state for Impost or excise to renew
their respective Bonds with Interest by the twenty second day of
February next with such sureties as the Treasurer may require
and to issue extents against all persons that shall refuse or neglect
to comply with this order, —
Voted" '\.\\-c\\ M' Pierce M'' Badger, AP Wallace, M'' Penniman
444 ^EW HAMPSHIRE EARLY STATE PAPERS. [l79I
and M'' Simpson with such of the Honb' Senate as they may join
be a Committee to take under consideration all applications that
ma}' be made to them by persons who are indebted to this state on
Excise Bonds & report thereon —
Voted that the Honb' John Taj-lor Gilman Esq'' and the Honb'
Nathanael Rogers Esq'' be and they hereby are appointed a Com-
mittee with full power to settle all accounts due to the state prior
to June 1784 and to discharge the Same on receiving Such sum
or sums or Security therefor as they shall judge proper —
The vote granting the prayer of the Petition from Wendall
Lempster Unity »S:c came down from the Honb' Senate for the
following amendment "That anj' person living on that part of
the premises which is taken out of Lempster have liberty of
polling out of said premises to the Town of Lempster, and any
Inhabitant of Lempster owning land in the premises have the
same liberty of Polling his land to said Town any time within
one year and that the Contract with the Revr'' M'' Fisher be in no
way effected by the said Act which amendment was read and
concurred —
An Act to authorize James Thurston Senior of Exeter and
Elisabeth his wife to convey certain lands — was read a third time
and passed to be Enacted —
Adjourned to 9 o'Clock to morrow morning
FRIDAY Dec» 23" 1791
The House met according to adjournment
* 14-297 The Committee on the Petition of the Select men of * Dur-
ham Stratham and New Markett reported that the praj-er
of the Petition be granted and that the Petitioners have leave to
bring in a Bill accordingly — which report being read and con-
sidered voted that it be received and Accepted —
An Act in addition to an Act intitled an Act to establish an
equitable method of making rates and Taxes and determining who
shall be legal voters in Town and parish affairs and for repealing
certain Acts herein after mentioned was read a third time and
motion was made that it pass to be Enacted on which motion the
yeas and nays were called and are as follows —
Yeas.
Yeas.
Yeas.
Yeas.
Mr Cains
M-- Hage
Mr Wiggin
M'- Plummer
M'- Pierce
M'- Weeks
M'' Clifford
M'- March
M'- Connor
M-^ Leavitt
M'- Currier
Mr Glidden
Mr Macgregore
M'- Dodge
Mr Eastman
Mr W'o Duncan
1791] JOURNAL OF THE HOUSE OF REPRESENTATIVES.
445
Yeas.
Yeas.
Yeas.
Yeas.
Mr Knox
Mr Chamberlain
Mr Flanders
Mr Griitin
M'- Godfrey
Mr R Macgregore
Mr Shepherd
Mr Stone
M'- Page
Mr Warner
Mr Stiles
Mr Kimball
M-- Bettan
Mr Abbott
Mr Parker
Mr Nicols
M-- Kellie
Mr F Clark
Mr Alexander
Mr Crawford
W Carr
Mr Gregg
Mr M Smith
Mr Freeman
JNIr How
Mr J Duncan
Mr Rand
Mr Payne
Mr Waldron
Mr Wallace
Mr Allen
Mr Hutchens
M-- Badger
Mr Darling
Mr Bingham
Mr Tarlton
M>- E Smith
Mr Gale
Mr Holmes
Mr Cargill
Mr N Hoit
Mr Gerrish
Mr Penniman
Mr AP'Millan
Mr Tash
Nays.
Nays.
Nays.
Nays.
Mr Jona Clark
Mr Gould
Mr Norris
Mr Young
Mr Temple
Mr E Hoyt
Mr Simpson
61 Yeas —
•7 Nays — so it passed in the affirm
ative —
M'' Young
gave' in the following as his Obj
actions to p;
the foregoing Bill previous to taking the Yeas and Nays thereon
Upon the third reading of the Bill for regulating the Collection
of Taxes of Nonresidents in the way and manner pointed out in
said Bill by the Subscriber a Member of this House —
I"' Because there is a tnanifest contradiction in the Bill, as in
the former part thereof it is calculated to relieve select
*men &c where lots of land are laid out and the Grant- * 14-298
ees are not known and in the latter part of said Bill it
is said that the Collectors shall advertize under what grant such
lots were laid out or words to that amount
2'' because that the whole of said Bill is calculated to operate
injuriously (if there is any force in it) as when there is a dispute
by reason of there being two or more grants of the same lands the
parties to the dispute may & probably will be prevented a trial by
Jury —
Many other objections might be made but he will only request
the yeas and nays to be taken upon the question for passing said
Bill and that the foregoing be entered on the journals of the House
as his objections —
Portsmouth Dec' 22'' 1791 — John Young
The Comiuittee in the Resolve respecting abatement of Taxes
and unlocated lands reported in part that the Inhabitants of
those towns and places six miles square and other Towns larger
or Smaller in that proportion in this state whose numbers do not
consist of forty rateable Polls be hereafter exempt from all state
Taxes for their Polls improved lands and other rateable estate until
446 NEW HAMPSHIRE EARLY STATE PAPERS. [179^
their numbers amount to the aforesaid number of forty rateable
Polls — The Committee further reported — that the legislature shall
now proceed to grant the unlocated lands in the state in terms as
shall most eftectually secure the settlement of said lands (viz)
that there shall be settled on every Township of lands Six miles
square forty families within ten j-ears and that two good roads
shall be made within five years thr" said Towns as shall best serve
the public and the Towns, and that there be three lots reserved
one for the first Minister, the Second for a School, the third for a
parsonage — In case of Non-compliance the lands to revert to the
state and that the General Court now fix on the Sum
* 14-299 * and manner of granting the Same — which report hav-
ing been read and considered — voted that the Same be
received and accepted and that M' Pierce, M"' Badger M"' R Mac-
gregore M" Parker and M"' Freeman with such of the Honb'
Senate as they may join be a Committee to consider and report
what is necessary to be done to carry the foregoing into eflect or
what alteration is necessary to be made therein —
Upon reading and considering the Petition of A R Cutter and
others voted that the prayer thereof be granted and that they have
leave to bring in a Bill accordingly —
Voted that IVP Gains, M'' E Smith, M'' R Macgregore [M''
Penniman] & M' Payne with such of the Honb' Senate as they
may join be a Committee to take into consideration the propriety
and Utility of this State's becoming a Subscriber to the Bank
forming in this state and report thereon —
The Committee on the Petition of Joseph Kimball Esq' in
behalf of the Town of Plainfield reported as follows (viz) that the
General Court in the year 1786 passed the following vote (viz)
That the Town of Plainfield be abated their Taxes (viz) from the
doomage 1777 to 1780 one half, from 1780 to 1783 two fifths —
and from 1783 until a new proportion four ninths — And that said
Town had eight men in the Service in the year 1777 — who
served three years from their Inlistment — They therefore Re-
ported that the Town of Plainfield be discharged from the Sum
stated to be due from said Town by the certificate of the late
Treasurer William Gardner Esq'' which report being read and
considered voted that it be received and accepted and that the
Treasurer take order accordingly —
Adjourned to 3 o'Clock P. M —
Met accordingly —
An Act to enable Benjamin Brown Jun'' to review an Action in
1791] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 447
the Inferior Court in the County of Hillsborough was read a third
time and passed to be Enacted —
* Upon reading and considering the Petition of George * 14-300
Jaftry Esq'' and others voted that the Petitioners be
heard thereon before the General Court on Tuesday next —
The vote granting a hearing on the Petition of Robert Weir
and staying Law proceedings came down from the Honb' Senate
for the following amendment " that all judicial proceedings thereon
be not stayed " which was read and concurred with this amend-
ment the said judicial proceedings be not stayed by order of this
Court
Voted that the Treasurer be directed not to issue any extents
against the Town of Stratford in the County of Grafton until two
years from this State [date] are expired —
An Act to incorporate certain persons by the Name of the
United fire Society Number One — was read a third time and
passed to be Enacted —
An Act to give the force and validity of an original Deed to the
Copy of a Deed from the Inhabitants of the Town of Hampstead
to the proprietors of the Town of Kingstown which is now
recorded in the proprietary books of Unity — was read a third time
and passed to be Enacted —
The Committee on the Petition of Moses Kelley Esq' Reported
that the prayer thereof be granted and that a Resolve pass Author-
izing the Treasurer to refund to said Kelley thirty one pounds
four Shillings in specie provided it shall appear to him that Joshua
Wentworth Esq'' has not been credited for said Sum on Settlement
of his Rum Tax so called — which report being read and consid-
ered voted that it be received and accepted —
The Committee on the Petition of Experience Triskett reported
that the President and Council be desired to enquire into the facts
stated in the Petition and if it appears that the Petitioner hath not
received depreciation that his Exc"' give order on the
Treasurer for issuing the Same — which * report being * 14-301
read and considered voted that it be received and ac-
cepted — -
}"oted that M"' Bettan M"' Penniman & M'' Emerson with such
of the Honb' Senate as they may join be a Committee to consider
of the Petition of Samuel Penhallow Jun'' and report thereon —
Voted x\\vX M'" Flanders, IVP E Smith, M'' Connor, M' Glidden
and M"' Payne with such of the Honb' Senate as they may join be
a Committee to consider of the Petition of Gen' James Reid and
report thereon —
448
NEW HAMPSHIRE EARLY STATE PAPERS.
[179I
The Committee on the letter from James Macgregore Esq'' and
the papers accompanj'ing the Same Reported that as the time lim-
ited b}' a Resolution of the General Court of the Seventh day of
June last for the Commissioners of this State to receive and adjust
the claims of this state against the United states is expired it is
therefore necessarj' that a further time for finishing said business
be given James Macgregore Esq'' one of said Commissioners
until the lifteenth day of June next and that he be vested with all
the powers given in and by said Resolve to said Commissioners —
Adjourned to 9 o'Clock to morrow morning —
SATURDAY Dec^ 24'" 1791 :
The House met according to adjournment
On that part of a Resolve that came down from the Honb'
Senate directing the Treasurer to issue extents for outstanding
taxes to compleat the collection thereof bj- the first Wednesday of
June next — the Yeas and na3'S were called and are as follows —
Yeas.
M"' Gains
Mr Connor
W Leavitt
iM' Dodge
Mr Wiggin
Nays.
M' J Macgregore
M' B Page
M>- Weeks
M'' Currier
M' Eastman
M'' Cilley
* 14-302 *M'' Gale
M'' Gerrish
M'' Flanders
Mr Sheplierd
M-- Stiles
.Mr Whitcomb
18 Yeas — 50 Nays — so it was negatived —
An Act to alter and direct the time and place of holding our
Superior Court of Judicature in our County of Grafton was read
a third time and passed to be Enacted
An Act to impower Benjamin Abbott to review an Action here-
tofore brought b}' him against Samuel Hobart Esq'' of Exeter —
was read a third time and passed to be Enacted
Adjourned to Monday next at 3 o'Clock P. M
Yeas.
Yeas.
Yeas.
Mr Clifford
Mr Godfrey
.Mr Kellie
iMr Jab=^ Smith
.Mr T Page
Mr J Duncan
Mr Plummer
Mr ]o^ Smith
Mr Wallace
Mr W" Duncan
Mr liettan
Mr Freeman
M'' N Emerson
Nays.
Nays.
Nays.
Mr March
Mr E Smith
Mr Abbott
Mr Glidden
MrN Hoit
Mr P Clark
Mr Jon» Smith
Mr Tash
Mr Gregg
Mr Knox
.Mr Chamberlain
Mr Jn" Smith
Mr Carr
Mr McMillan
Mr Darling
Mr How
.Mr Griffin
Mr Payne
Mr Parker
Mr Stone
Mr Norris
Mr Temple
Mr Duncan
Mr Hutchens
Mr Rand
Mr Nicols
.Mr Tarlton
Mr Allen
Mr Gould
Mr Simpson
Mr Holmes
Mr Crawford
Mr Young
.Mr Penniman
.Mr E Hoyt
Air Cargill
Mr Waldron
.Mr D Emerson
1791.
JOURNAL OF THE HOUSE OF REPRESENTATIVES.
449
MONDAY Dec'^ 26"' 1791.
The House met according to adjournment
]'otc(l that M'' Simpson, M'' Warner & M'' J Duncan witli such
of tiie Honb' Senate as they may join be a Committee to consider
of the Petition of [Phillip Hills & report thereon —
]^o/cd that M'' B Page, M'' Gregg & M'' Dodge with such of the
Honb' Senate as they may join be a Committee to consider of the
Petition of] Joseph Philbrick & Abigail Eaton & report thereon —
Upon reading and considering the Petition of the Select men
of Greenfield voted that the prayer thereof be Granted and that
they have leave to bring in a Bill accordingh^ —
An Act to incorporate a certain tract of Land into a Township
by the name of Goshen — was read a third time and passed to be
Enacted —
Voted tliat M'' Macgregore M'' Stone & M'' Jab' Smith with such
of the Honb' Senate as they may join be a Committee to consider of
the Petition of Josiah Gilman Esq' and report thereon —
* An Act authorizing the Collection of County Taxes * 14-303
which are or may be assessed upon Nonresidents lands
in unincorporated Towns and places within this State was read a
third time and passed to be Enacted —
Voted that the Account of Caleb Buswell amounting to thirty
Six shillings be allowed and paid out of the Treasury by order of
the President —
Voted that M"" E Smith, M'' Connor & M"' N Hoit with such of
the Honb' Senate as they ma}- join be a Committee to consider of
the Petition of John Samuel Sherburne Esq"' and report thereon —
An Act to limit the time of prosecuting Demands against the
estate of Thomas Simpson late of Portsmouth Esq"' deceased was
read a third time and passed to be Enacted —
\'oted that the Account of George Hough be referred to the
Committee on printers accounts and that they report thereon —
On motion for dismissing a Resolve sent down from the Honb'
Senate respecting Post riders which was a little altered from the
Resolve sent up for concurrence, the yeas and Nays were called
and are as follows (viz) —
Yeas.
Yeas.
Yea,s.
Yeas.
Mr Clifford
M'- Currier
Air I'lumnier
Mr J Clark
M'- Glidden
Mr Godfrey
M'- Jqs Smith
.M'- liettan
Mr Badger
Mr E Smith
Mr Chamberlain
Mr P. Clark
M'' Gregg
Mr J Duncan
Mr Darling
Mr Shepherd
450
NEW HAMPSHIRE EARLY STATE PAPERS.
[179I
Yeas.
M>- Stiles
M'' Whitcomb
M >" Alexander
Nays.
M"' Connor
Mr Macgregore
Mr Weeks
Mr Leavitt
Mr Dodge
Mr Wiggin
Mr Jab^ Smith
Mr Jon* Smith
Yeas.
Mr M Smith
Mr Rand
Mr Allen
Nays.
Mr N Emerson
Mr Kellie
Mr Waldron
Mr Harper
Mr N Hoit
Mr Tash
Mr Warner
Mr Abbott
Yeas.
Mr Holmes
Mr Pennnnan
Mr Stone
Nays.
Mr Jn" Smith
Mr Wallace
Mr Gale
Mr Gerrish
Mr Parker
Mr Temple
Mr Bingliam
Mr Griffin
Yeas.
Mr S Duncan
Mr Simpson
Mr Cargill
Nays.
Mr Gould
Mr Crawford
Mr E Hoyt
Mr Freeman
Mr Payne
Mr Norris
Mr Hutchens
Mr Young
28 Yeas — 32 Nays — so it was not dismissed —
* 14-304 * On motion that the consideration of said Resolve be
postponed to the Session in June next — the yeas and
nays were called and are as follows —
Yeas.
Yeas.
Yeas,
Yeas.
Mr B Page
Mr Jon" Smith
Mr P. Clark
Mr Rand
Mr Wiggin
Mr N Emerson
Mr Gregg
Mr Allen
Mr Dodge
Mr Godfrey
Mr J Duncan
Mr Holmes
Mr Currier
Mr Jos Smith
Mr Gale
Mr Penniman
Mr Jab^ Smith
Mr Bettan
Mr Shepherd
Mr Stone
Mr Plummer
Mr How
Mr Stiles
Mr Gould
Mr Tibbets
Mr Badger
Mr Whitcomb
Mr Cargill
Mr Glidden
Mr E Smith
Mr Ale.xander
Nays.
Nays.
Nays.
Nays.
Mr Gains
Mr M'-Millan
Mr Temple
Mr Freeman
Mr Connor
Mr Warner
.Mr Bingham
Mr Payne
Mr Macgregore
Mr Abbott
Mr Griffin
Mr Norris
Mr J Clark
Mr Jn-> Smith
Mr Duncan
Mr Hutchens
Mr Waldron
Mr Wallace
Mr Nicols
Mr Tarlton
Mr N Hoit
Mr Gerrish
Mr Crawford
Mr Simpson
Mr Tash
Mr Parker
Mr E Hovt
Mr Young
Mr Chamberlain
31 Yeas — 29 Nays — so it was postponed —
Adjourned to 9 o'Clock to morrow morning
TUESDAY Dec" 27'" 1791.
The House met according to adjournment
An Act to lev}' a Tax of two pence ^'' Acre on all the lands in
Orford for the purpose of making & repairing highways was read
a third time and passed to be Enacted —
1791] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 43 1
Agreabh' to the order of the day proceeded to a hearing on
Petitions —
Adjourned to 3 o'Clock P. M —
Met accordingly —
The following vote came down from the Honb' Senate for Con-
currence —
In Senate Dec"" 27"' 1791 —
]^otcd that M' Page M^ Rogers. AP Dow & Isl' Sheafe with
such of the Honb' House as tliey may join be a Committee to take
into consideration the proposed Resolve for completeing the Col-
lection of the outstanding Taxes and report thereon — which vote
was read and concurred and AP Gains M'' Connor, M'' Waldron
M'- N Hoit M'- Jn" Smith M' Gerrish M'' Parker, M'' Penniman M''
Simpson «& M"' Payne joined —
*Agreably to the order of the day proceeded to a * 14-305
hearing on Petidons —
Upon hearing and considering the Petition of Samuel Sher-
burne Esq'' voted that the prayer thereof be granted and that he
have leave to bring in a Bill accordingh^ —
Upon hearing and considering the Petition of Smith Emerson
To/cd that the Petition be dismissed —
Voted that the hearing on the Petition of George Jaft'ry Esq''
and others which was to have been this da}' before the Gen' Court
be postponed until to morrow of which all persons concerned are
to take notice and govern themselves accordingly
An Act for repealing a clause in an Act for regulating the
exportation of Beef and Pork passed the 16"' day of June last,
was read a third time and passed to be Enacted —
Adjourned to 9 o'Clock to morrow morning —
WEDNESDAY Dec" 28'" 1791.
The House met according to adjournment
An Act in addition to an Act intitled an Act to establish an
equitable method of making rates and taxes and determining who
shall be legal voters in town and parish affairs and for regulating
certain Acts herein after mentioned, was read a third time and
passed to be Enacted —
An Act to impower the Judge of Probate to appoint Commis-
sioners, or lengthen out the time for the Commissioners to receive
the claims upon the Estate of his Excellency John Wentworth —
was read a third time and passed to be Enacted —
452
NEW HAMPSHIRE EARLY STATE PAPERS.
[179I
An Act to impower Benjamin Lamson to sell certain Estate —
was read a third time and passed to be Enacted —
The Act to Alter and direct the time and place of holding our
Superior Court of Judicature in our County of Grafton — was
brought down from the Honb' Senate without being concurred and
a Bill proposed in lieu thereof — Which Bill when read for a third
time — the Yeas and na3's were called for passing the Same and
were as follows (viz) —
Yeas.
*U-306 *Yeas.
Mr Gains
Mr Connor
Mr Macgregore
Mr Leavitt
.M-- Clifford
Ml- B Page
M'- Weeks
M"- Dodge
Mr Currier
Mr Eastman
M"" Plummer
Mr J Clark
Mr Tibbetts
Mr N Emerso
\ea.s.
Mr Knox
Mr Badger
Mr Duncan
Mr Stiles
.Mr Temple
Nays.
Mr Godfrey
.Mr T Page
Mr Kellie
.Mr Harper
Mr E Smith
Mr N Hoit
Mr Tash
Mr Chamberlain
Mr McMillan
Mr Griffin
.Mr S Duncan
Mr Freeman
Mr Payne
Mr Hutchens
Nays.
.Mr Warner
Mr .-Xbbott
Mr Wallace
Mr Gale
Mr Gerrish
Mr Shepherd
Mr Parker
.Mr Ale.xander
Mr M Smith
Yeas.
Mr Tarlton
Mr Simpson
Mr Young
Mr Cargill
Nays.
Mr Rand
Mr Allen
Mr Penniman
Mr Stone
Mr Gould
Mr Crawford
Mr E Hoyt
.Mr Norris
19 Yeas — 35 Nays — so it was rejected and the former one
sent up to the Honb' Senate for Concurrence —
Resolved that one half of the Courts of Law within and lor the
County of Hillsborough from and after the expiration of two
years be held in soine convenient place in the Northerl}- part of
said County and that the Honb' Thomas Bartlett Thomas Cogswell
and Lemuel Holmes Esquires be a Committee at the expence of
said County to determine the place where the Same shall be held
and make report of such determination to the General Court of
said State as soon as convenientlj' may be —
The vote for a hearing on the Petition of Benjamin Archer
which at the last Session was ordered by the Honb' Senate to lay
for consideration was sent down appointing the hearing on the
Second Thursday' of the next session which was read and con-
curred —
The Committee on the Petition of Joseph Philbrick and Abi-
gail Eaton reported that the prayer of said Petition be granted
and that they have leave to bring in a Bill accordingly — which
report being read and considered voted that it be received and
Accepted —
1791] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 453
Upon reading and considering the Petition of Phillip Hills
and the report of a Committee thereon voted that the
* Petitioner be heard thereon before the General Court * 14-307
on the second friday of the next session and that in
the mean time the Petitioner cause that the Select men of Dun-
stable Nottingham-West and Litchfield be served with a Copy
of the Petition and order of Court thereon six weeks prior to said
day of hearing that they may then appear and shew cause if any
they have why the prayer thereof may not be granted —
Voted that'M'' Hoit," M'' Godfrey & W Macgregore with such
of the Honb' Senate as they maj- join be a Committee to consider
of the Petition of Dudley Watson and report thereon
The Committee on the Petition of Samuel Silsby reported that
the prayer thereof be granted and that he have leave to bring in
a Bill accordingly which report being read and considered voted
that it be received and accepted —
Voted that M'' N Hoit, M"' Crawford & M'' Simpson with such
of the Honb' Senate as they may join be a Committee to con-
sider of the Petition of the Inhabitants of Dorchester & report
thereon —
Adjourned to 3 o'Clock P. M —
Met accordingly
Agreably to the order of the day proceeded to a hearing on the
Petition of George Jaftry Esq' and others, Masonian Proprie-
tors —
Voted that M'' Plummer M'' Connor, M' Badger, M' Smith M''
J [John] Duncan, M"' Warner, M'' Penniman, M'' Stiles, AP Payne
and AP Simpson with such of the Honb' Senate as they may join
be a Committee to take under consideration the Petition of the
Masonian proprietors and the Bond by them given to the state
and the matters relative thereto — and report thereon —
An Act in Addition to and explanation of an Act intitled An
Act to incorporate the South part of the Society- Land and sundry
other tracts of land made and passed the fourteenth day of
June Anno Domini 1791 — was read a third time and passed to be
Enacted —
An Act in addition to an Act intitled an Act to regulate the
repair of the bridge over Exeter River from Stratham to New
Market and directing the manner in which the Same
shall *be repaired in future, was read a third time and * 14-308
passed to be Enacted —
Adjourned to 9 o'Clock to morrow morning
454 NEW HAMPSHIRE EARLY STATE PAPERS. [^79^^
THURSDAY Dec« 29'" 1791.
The House met according to adjournment
Whereas the Inferior Court of Common pleas by Law to be
holden at Portsmouth in the County of Rockingham on the first
Tuesdaj' of February next and the Inferior Court of Common
pleas by law to be holden at Dover on the third Tuesday of Feb-
ruary next and the Court of General Sessions of the Peace in said
County of Straflbrd to be holden at Dover on the Thursday next
following the third Tuesday of February next will probably hap-
pen at the time when the Convention of this state will be in ses-
sion, many members of the Convention having business to transact
at said Courts of Law —
Therefore Resolved that the said Inferior Court of Common
Pleas by Law to be holden at said Portsmouth on the first Tues-
day of February next be and hereby is adjourned to the last
Tuesday of February next then to be holden at Portsmouth afore-
said, and that the said Inferior Court of Common pleas by law to
be holden at Dover aforesaid on the third Tuesday in February
next be and hereby is adjourned to the Second Tuesday of March
next and the Court of General sessions of the Peace to be holden
at Dover on the Thursday next following the third Tuesday of
February next be and hereby is adjourned to the Thursday next
following the Second Tuesda}' in March next, and all suits and
pleas pending at said Courts and all writs and processes return-
able to said Courts to be held by Law as aforesaid shall be re-
turned to and sustained by said Respective Courts at the times and
places to which said Courts are by this Resolve respectively ad-
journed to — and that all persons concerned take notice thereof
and govern themselves accordingl}' —
Voted that Thursday the fifth day of April next be observed
and kept as a day of public humiliation fasting and prayer
throughout this state and that his Excellency the President
with advice of Council Seasonably issue a Proclama-
* 14-309 tion * for that purpose —
Vo/ed that M' Badger, M''Whitcomb M'' J Macgregore
M"" Godfrey & M'' Abbott with such of the Honb' Senate as they
may join be a Committee to consider of a Resolve for making
two districts for representation from Bath Landaft' and other
Towns and report thereon —
Adjourned to 3 o'Clock P. M —
1791] JOURNAL OV THE HOUSE OF REPRESENTATIVES.
455
Met accordingly
Upon reading and considering the Petition of the Trustees
of the Atkinson, New Ipswich Charlestown, Amherst & Chester-
field x\cademies — motion was made to grant the pra3^er of said
Petitions — on which motion the yeas and nays were called and
are as follows — (viz)
Yeas. Yeas. Yeas. Yeas.
iM"' Macgregore iM' Jo^ Smith M^ B Darling M'" Gould
Mr B Page AK Harper Mr Stiles M^ Freeman
Mr Dodge M'- R Macgregore M"- Temple M"- Pa\'ne
M>- Clifford M"- Warner M-- M Smith M"- Tarlton
.M' March Mr P. Clark ^U Bingham M"' Simpson
Mr Knox M'' J Duncan M'' S Duncan M'' Young
Mr Page Mr Wallace
Nays. Nays. Nays. Nays.
.M"- Gains Mr W" Duncan Mr Tash Mr Rand
Mr Connor Mr N Emerson Mr Chamberlain Mr Allen
Mr Weeks Mr Godfrey Mr M'-Millan Mr Holmes
Mr Leavitt Mr Bettan Mr Abbott Mr Penniman
MrWiggin Mr Kellie Mr Gale Mr Griffin
Mr Currier Mr Carr .Mr Gerrish .Mr Stone
.Mr Eastman Mr How .Mr Shepherd Mr Crawford
.Mr Jab' Smith .Mr Waldron ,Mr Whitcomb Mr E Hoyt
.Mr Plummer Mr E Smith Mr Parker Mr Norris
.Mr Tibbetts .\lr N Hoit Mr Ale.xander M' Hutchens
.Mr Jon-'' Smith
26 Yeas — 41 Nays — so the motion was lost —
Motion was then made to postpone the consideration thereof
until to morrow on which motion the yeas & nays were called and
are as follows — (viz) —
Yea.s.
Yeas.
Yeas.
Yeas.
Mr Gains
Mr N Emerson
.Mr N Hoit
Mr Holmes
Mr Connor
Mr Godfrey
Mr M<-Millan
Mr Penniman
Mr Weeks
Mr Bettan
.Mr Abbott
Mr Griffin
Mr Leavitt
Mr Kellie
Mr Jn" Smith
Mr Stone
Mr Wiggin
Mr Carr
Mr Gale
Mr Gould
Mr Cunier
Mr How
Mr Gerrish
Mr Crawford
Mr Eastman
Mr Waldron
Mr Rand
Mr E Hovt
Mr Jab'- Smith
Mr Badger
.Mr Allen
.Mr Norris
Mr Plummer
Mr E Smith
•Nays.
Nays.
Nays.
N.ays. * 1 4-3 10
Mr 1 Macgregore
.Mr March
.Mr Kno.x
Mr Tash
.Mr B Page
.Mr J Clark
.Mr Page
Mr Chamberlain
Mr Dodge
Mr Tibbetts
.Mr J Smith
Mr P Clark
Mr Clifford
.Mr W" Duncan
Mr Harper
.Mr R Macgregore
456
NEW HAMPSHIRE EARLY STATE PAPERS.
[179I
M"" Warner
M"" Gregg
M"" J Duncan
Mr Wallace
M'' Darling
34 Yeas — 35 Nays — so it was not postponed —
ftlotion was then made to dismiss said Petition on which motion
the yeas and nays were called and are as tbllows — (viz) —
Yeas. Yeas. Yeas. Yeas.
Nays,
Nays.
Nays.
M>
■ Shepherd
M'- Temple
M'- Payne
M-
• Stiles
M'- Bingham
Mr Tarlton
iM'
■ Parker
M'- S Duncan
Mr Simpson
MI
■ Alexander
Mr Nicols
Mr Youn?
M'
■ M Smith
M'' Freeman
Mr Gains
Mr Clark
.Mr Waldron
Mr Ale.xander
Mr Connor
M'' Tibbets
Mr Badger
Mr Rand
Mr B Page
Mr Jon" Smith
Mr N Hoit
Mr Allen
Mr Weeks
Mr Glidden
Mr Chamberlain
Mr Holmes
Mr Leavitt
Mr W"' Duncan
Mr Abbott
Mr Griffin
Mr Dodge
Mr N Emerson
Mr Jno Smith
Mr Stone
Mr Wiggin
Mr Godfrey
Mr Gale
Mr Crawford
Mr Currier
Mr Bettan
Mr Gerrish
Mr E Hoyt
Mr Eastman
Mr Kellie
.Mr Shepherd
Mr Norris
Mr Jab- Smith
Mr Can-
Mr Stiles
Mr Hutchens
Mr Plummer
Mr How
Mr Whitcomb
Nays.
Nays,
Nays.
Nays,
Mr Macgregore
Mr Tash
Mr Wallace
Mr Nicols
Mr Clifford
Mr R Macgregore
Mr Temple
Mr Gould
Mr CiUey
Mr Warner
Mr M Smith
Mr Freeman
Mr March
Mr P Clark
Mr Bingham
Mr Payne
Mr Knox
Mr Gregg
Mr Penniman
Mr Tarlton
Mr T Page
Mr J Duncan
Mr Duncan
Mr Young
Mr J 0^ Smith
43 Yeas — 25 Nays — so the Petition was dismissed
'[Whereas a resolve passed the General Court, June 13, 1791,
providing for the payment of outstanding ta.xes, and the time lim-
ited therein for the Selectmen to compleat the settlement with the
Collectors and make return to the Treasurer is expired :
Therefore rcso/zrd that the time for the Selectmen to compleat
the settlement with the Collectors, and to make return thereof to
the Treasurer, agreeably to said resolve, be lengthened out to the
first day of March next, and that the Treasurer shall receive of
any Collector the tax due from him or any part thereof, on his
producing a certificate from the Selectmen of the town or place
to which he belongs, of his settlement with the Selectmen as pro-
vided in said resolve.
And be it further resolved, that when it shall be found that any
town or place, have not assessed the indent, or certificate taxes
1 Taken from printed jnuriial.
1791] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 457
charged against them, or the fines imposed upon them fur their
deficiency ol' soldiers or any part thereof, and committed to
their constables or collectors to collect, or where such taxes or
fines have been assessed and committed to their constables or
collectors to be collected and such constables or collectors have
collected the whole or any part thereof, and not paid the same
over to the Treasurer or Selectmen, or some other person or
persons, or kept the same in his own hands, but have spent or
disposed of the same so that such town or place cannot avail
themselves, but are obliged to assess and pay the same over again,
or any part thereof, by reason of such constables or collectors
having absconded, or otherwise become unable to pay the same —
and the selectmen of such town or place, shall make a certificate
or certificates under their hands, and attested before a magistrate
of what sum or sums of such taxes, or fines have not been assessed
and committed as aforesaid, or if assessed, committed and col-
lected b}- their constables or collectors, in whole or in part, and
that such constables or collectors have absconded, or otherwise
become unable to pay the same, and set forth the sums, such town
or place have actually lost, and are obliged to assess and pay over
a second time, the Treasurer upon receiving such certificate, be
and hereby is directed to receive seven shillings in gold or silver,
in lieu of twent}' shillings in certificates or indents collected of
individuals previous to the passing said resolve of the 13th of June,
that the expediency of issuing extents be left discretionary with
the Treasurer an}- former order of the General Court to the con-
trary notwithstanding, excepting onlj' that this resolve shall not
effect or alter the force of any vote or resolve for staj'ing extents
in particular cases, which report being read and considered, voted
that it be received and accepted.
The committee on the petition of the managers of the New-
Castle Lotter}' reported, that they have viewed the situation and
examined the work already done, toward building said bridge,
and find that a considerable sum has been well laid out thereon,
and that it will be of public and private utility, to have the said
bridge compleated, and that some measures be pointed out by the
General Court, to have the said bridge finished as soon as may
be — They further reported that the account of the managers of
said lottery appears to be regularly kept, and is herewith exhibited
for the examination of the General Court, which report being read
and considered, was recommitted for said committee to point out
such measures as to them appeared reasonable, who further re-
458 NEW HAMPSHIRE EARLY STATE PAPERS. [179^
ported, that all State taxes now due from the tovvn of New-Castle,
and their proportion of all such taxes for the ten years next ensu-
ing, be paid by the several collectors into the hands of the select-
men of said town, and the monies so arising, shall be applied by
said selectmen to the building New-Castle bridge, and said taxes
shall be regularly assessed by the selectmen, agreeably to the
requisition from the Treasurer of the State and instead of paying
the same to said officer, they shall be remitted to the town by the
State on condition of their applying the same as before directed,
and they shall account therefor to the General Court when called
upon — which report being read and considered, voted that it be
received and accepted.]
Upon reading and considering the Petition from Cockermouth
and Plymouth voted that the Petitioner be heard thereon before
the General Court on the Second Wednesda}- of the next Session
and that in the mean time the PeUtioners cause that the Select
men of Cockermouth and Pl3'mouth be served with a Copy of the
Petition and order of Court thereon Six weeks prior to said day
of hearing that they may then appear and shew cause if any they
have wh}' the pra^'er thereof may not be granted —
* 14-31 1 An Act to enable Samuel and John Sherburne of * Ports-
mouth Esquires to review in a certain action, was read
a third time and passed to be Enacted —
Adjourned to 9 o'Clock to morrow morning —
FRIDAY Deck 30'" 1791.
The House met according to adjournment
The following vote came down from the Honb' Senate for Con-
currence —
Voted that M"' Foster and M'' Sheafe with such of the Honb'
House as they may join be a Committee to take under considera-
tion what method shall be adopted to forward on the vouchers of
the demands of this state to the Commissioners on Continental ac-
counts which vote was read and concurred and M'' Badger, M''
Hoit, IsV Stiles [Mr. Conner] and M'' Parker joined —
The following resolve came down from the Honb' Senate lor
Concurrence —
Resolved that the Treasurer be enjoined not to issue any ex-
tents for outstanding taxes charged against the Towns of Bath
and Stratford in the County of Grafton within two years from
this date — which resolve was read and Concurred —
1791] JOURNAL OF THE HOUSE OK REPRESENTATIVES. 4S9
The Committee on the Petition of General James Reid reported
the following resolve —
Resolved that the Treasurer be and hereby is authorized and
impovvered to pay Gen' James Reid the Sum of forty one pounds
ten shillings and nine pence in Specie being the Interest due on
the Registered certificate of two thousand two hundred and forty
three Dollars and Eight}' eight hundredths at the rate of nine
shillings on the pound, also the ballance due to the said Reed on the
Certificate whenever he shall transfer to the state of New Hamp-
shire the Interest above mentioned and that the Treasurer pay the
Same by discounting in the manner directed by a Resolution of
the 17"' of June 1791, relative to said Certificate — The Committee
further reported as their Opinion that no allowance ought to be
made to Gen' Reid on the other matters contained in his Account —
which report being read and considered, voted that it be received
and accepted —
* Voted that the Secretary be directed to procure two * 14-312
hundred printed copies of the Resolve respecting col-
lecting outstanding taxes and of the Acts in addition to an Act to
establish an equitable method of making rates & taxes &c as
soon as may be — also cause that the Act for the inspection of Pot
and pearl ashes be published in one of the Portsmouth, the Exeter
and the Concord News papers as soon as conveniently may be —
Upon the report of the Committee that the next session of the
General Court be holden at Dover, the yeas & nays were called
and are as follows (viz)
Yeas.
Yeas.
M"' Gains
M'' Pierce
My Connor
M-- B Page
Mr Weelis
M"" Leavitt
Mr Wiggin
M' Clifford
Mr Eastman
Nays.
Mr Macgregore
M"' Currier
M' Glidden
Mr Win Duncan
Mr Knox
M'" N Emerson
Yeas.
Mr Jab' Smith
Mr Pkmimer
Mr Cillev
Mr March
M'-Clarl<
Mr Tibbets
Mr Bettan
Mr Kellie
Nays.
Mr Godfrey
Mr T Page
Mr Jo* Smith
Mr M^'Millan
Mr R Macgregore
Mr Abbott
Mr Carr
Mr How
Mr Waldron
M? E Smith
Mr N Hoyt
Mr Tash
Mr Chamberlain
Mr Warner
Nays.
Mr P Clark
iMr Jn" Duncan
Mr Wallace
Mr Darling
Mr Gale
Mr Gerrish
Yeas.
Mr Gregg
Mr Whitcomb
Mr Rand
Mr Bingham
Mr Crawford
Mr E Hoyt
Mr Norris
Mr Hutchens
Nays.
Mr Shepherd
Air Stiles
Mr Parker
Mr Alexander
Mr Temple
Mr M Smith
460
NEW HAMPSHIRE EARLY STATE PAI
[179I
Nays. Nays. Nays. Nays.
W Allen Mr Stone U^ Gould iM-- Tarlton
M>' Penniman Mr S Duncan M'' Freeman M'' Young
M>- Griffin M'- Nicols M'' Payne
33 Yeas — 35 Nays — so it was not accepted —
Motion was then made that the next Session of the General
Court be holden at Exeter — which motion was lost
Motion was then made that the next Session of the General
Court be holden at Chester on which motion the yeas and nays
were called and are as follows —
Yeas.
Yeas.
Yeas.
Yeas.
Ml' Gains
Mr B Pa^e
Mr Clifford
Mr Jab' Smith
M>' Connor
Mr Weeks
Mr Currier
Mr Plummer
M"- .Macgregore
Mr Leavitt
Mr Eastman
Mr Cillev
*i4-3:3*Mr March J|:g;;^"
Mr Jn" Smith
.\ir J Duncan
Mr Rand
Mr Allen
M' J Clark
Mr How
Mr Wallace
Mr Griffen
M-- N Emerson
Mr Waklron
Mr Stiles
Mr E Hoyt
M'- Godfrey
Mr Tash
Mr Whitcomb
Mr Simpson
M-- T Page
Mr R Macgregon
; Mr Alexander
Mr Young
M'- Jo« Smith
Nays.
Nays.
Nays.
Nays.
Mr Pierce
Mr N Hoit
Mr Shepherd
Mr Micols
Mr Wiggin
Mr McMillan
Mr I'arker
Mr Gould
Mr Tibbets
Mr Abbott
.Mr Temple
Mr Crawford
Mr Glidden
Mr P Clark
Mr Smith
Mr Pavne
Mr Jon" Smith
Mr Gregg
Mr Bingham
Mr Norris
Mr W»' Duncan
Mr Darling
Mr Penniman
Mr Hutchens
Mr Kno.x
Mr Gale
Mr Stone
Mr Tarlton
Mr Kellie
Mr Gerrish
Mr S Duncan
Mr Warner
Mr Harper
36 Yeas — 33 Nays — so the motion prevailed —
Voird that the General Court which by the Constitution are to
be convened on the first Wednesday of June next meet at Chester —
Adjourned to 3 o'Ciock P. M —
Met accordingly
Whereas John Mendum of Portsmouth Marriner hath Petitioned
this Court setting forth that he as surety with James Redonet a
foreigner signed a Bond on the twenty fourth of August A. D.
1784 payable to the impost ofKcer of this state tor Twelve pounds
seven shillings and three pence for Impost duties on goods im-
ported into this state that Sometime after said Redonet withdrew
himself from this state and has not yet returned — whereby he as
surety is become liable to pay said Bond without any remedy —
I791] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 461
the prayer of which petition being considered and the report of a
Committee thereon —
Therefore Resolved that the said John Mendum be and he is
hereby exonerated from the penahy of said Bond any Law Cus-
tom or usage to the Contrary notwithstanding —
An Act in addition to an Act intitled an Act ordering the de-
scent of Intestate Estates and impowering the Judges of Probate
to settle the Same accordingly — was read a third time and passed
to be Enacted —
Whereas the Convention of this state have it in con-
templation * to propose alterations in the judiciar\' sys- * 14-314
tern And whereas it is necessary that the fees of the
Judicial officers upon the present establishment should be known
to the Legislature that they may be enabled more justly to affix
their fees which information cannot be obtained with accuracy
but by examining the records docketts & tiles of the Courts of
Law —
Therefore Besolvcd that the Several and respective Clerks of
the Courts of Law in this state be and they hereb}' are directed
to admit free of expence any member of the Committee appointed
by the Convention of his state to consider of the alterations nec-
essary- to be made in the Constitution to have access to the records
docketts and tiles in their respective offices and to make extracts or
minutes therefrom provided nevertheless that the members of said
Committee who shall inspect the records docketts and files shall
not for such service be intitled to any compensation therefor from
the state —
The Committee on the Petition of Samuel Penhallow jun'' re-
ported that the prayer thereof be granted and that he have leave
to bring in a Resolve accordingly — which report being read and
considered voted that it be received & accepted
An Act to impower Samuel Silsby to review an Action brought
against him by Ebenezer Corbin late of Acworth now of Charles-
town, was read a third time and passed to be Enacted —
The Committee on the Petition of the Inhabitants of Dorchester
reported that the prayer of the Petition be so far granted as that
the Towns of Dorchester & Cockermouth be classed tor the purpose
of sending a RepresentaUve to the General Court and that the Pe-
titioner have leave to bring in a Resolve accordingly — which
report being read and considered voted that it be received and
accepted —
The Committee on the Petition of John Trott reported that the
462 NEW HAMPSHIRE EARLY STATE PAPERS. [179^
* 14-315 Comptroller of Accounts be directed to inspect * the
pa}' Rolls of Col" Lymans Regiment and certify to the
President what may be due to John Trott a Soldier in Cap' Will-
iam Stilsons Company in said Regiment, the President receiving
such Certificates to draw an order on the Treasurer for the amount
in favour of said Trott — which report being read and considered
voted that it be received and accepted —
The Committee on the Petition of John Sam" Sherburne reported
that the pra3'er of the Petition be granted — which report being
read and considered voted that it be received and accepted and
that the Treasurer govern himself accordingly
Voted that the Account of Ozias Silsby amounting to three
pounds thirteen shillings and Six pence be allowed and paid out of
the Treasury by order of the President —
An Act to prevent common nusances was read a third time and
passed to be Enacted —
Adjourned to 9 o'Clock to morrow morning
SATURDAY Dec« 3r' 1791
The House met according to adjournment
An Act tor adjusting accounts and collecting sundry Debts due
to this state prior to June 1784 was read a third time and passed
to be Enacted —
The Committee to consider of a Resolve making Bath Landaft"
and other Towns two districts for Representation — Reported tliat
the district mentioned in said Resolve contains eight Towns and
is a large district of Territory too large for one Class also that
Bath Landaff and Lincoln contain two hundred male Inhabitants
and the other Towns two hundred and one upwards of Sixteen
years of age as f*' Census and the Committee are of Opinion that
the}' ought to be divided into two districts — which report being
read and considered motion was made that the consideration
thereof be postponed until the next Session — On which motion
M"^ Young requested the yeas and naj's — The following are said
Youngs objections to the postponement because that by the Spirit
of our Constitution the said district are intitled at least to two mem-
bers and that Sundry districts at the present Session
*44-3i6 under Similar circumstances * have been divided and
even where the members are less tlian in the district of
Bath t&c — The said Young being a member from said district re-
quested that the foregoing reasons be entered upon the Journals
of the House of Representatives —
Dec' 31'' 1 791 — John Young
1791] JOURNAL OF THE HOUSE OF REPRESENTATIVES.
•163
The Yeas and nays were call
ed and are as follows
Yl-us.
Yeas.
Yeas.
Yeas.
M'' Gains
Mr Plummer
Mr Carr
Mr Shepherd
M'' Connor
Mr March
Mr Waldron
Mr Parker
iM'- B Page
Mr J Clark
Mr Badger
Mr Alexander
Mr Weeks
Mr Tibbetts
Mr N Hoit
Mr M Smith
Mr Leavitt
Mr W" Duncan
Mr R Macgregore
Mr Rand
Mr Dodge
Mr Kno.x
Mr P. Clark
Mr Allen
Mr Wiggin
Mr N Emerson
Mr J Duncan
Mr Bingham
Mr Clifford
Mr T Page
Mr Wallace
Mr Holmes
Mr Currier
Mr Jo* Smith
Mr Gale
Mr Griffin
Mr Eastman
Mr Bettan
Mr Flanders
Mr Stone
Mr Jab'- Smith
Mr Kellie
Nays.
Nays.
Nays.
Nays.
Mr Godfrey
Mr Abbott
Mr E Hoyt
Mr Hutchens
Mr Chamberlain
Mr Whitcomb
Mr Freeman
Mr Simpson
Mr M^'Millan
Mr Temple
Mr Pavne
Mr Young
Mr Warner
Mr Crawford
Mr Norris
42 Yeas — 15 Nays — so it was postponed —
Motion was made to reconsider the vote of Yesterday respect-
ing the General Court's meeting at Chester the next session —
to determine which the yeas and nays were called and are as fol-
lows (viz)
Yeas.
Yeas.
Yeas.
Y'eas.
Mr Ciains
Mr Kno.\
.Mr Warner
Mr Penniman
.Mr Pierce
Mr Kellie
Mr Abbott
Mr Stone
Mr Connor
Mr Carr
.Mr P Clark
Mr Duncan
.Mr Weeks
Mr How
.Mr Gregg
Mr Nicols
Mr Dodge
Mr Waldron
Mr Gale
Mr Crawford
Mr Wiggin
Mr Harper
Mr Shepherd
Mr Payne
M<-- Plummer
Mr E Smith
.Mr Whitcomb
Mr Norris
Mr Cilley
Mr N Hoyt
Mr Parker
.Mr Hutchens
Mr Tibbets
Mr Tash
Mr Temple
Mr Tarlton
Mr Ion" Smith
Mr Chamberlain
Mr Bingham
Mr Young
Mr W'" Duncan
Mr M''.Millan
Nays.
Nays.
Nays.
Nays.
.Mr .Macgregore
Mr J Clark
.Mr R Macgregore
Mr Rand
.Mr B Page
.Mr X Emerson
Mr J Duncan
Mr Allen
Mr Leavitt
Mr Godfrey
Mr Wallace
Mr Griffin
Mr Clifford
.Mr T Pa-e
Mr Flanders
Mr E Hoyt
Mr Eastman
.Mr Jo^ Smith
Mr Stiles
Mr Simpson
Mr Jab'' Smith
Mr Bettan
Mr Ale.\ander
*42 Yeas — 23 Nays — so it was reconsidered —
Motion was then made that the ne.xt Session of the
General Court be holden at Dover — on which motion
and nays were called and are as follows (viz)
^-3^
464
NEW HAMPSHIRE EARLY STATE PAPERS.
[179I
Yeas.
Yeas.
Yeas.
Yeas.
Mr Gains
.Mr CillL-y
Mr E Smith
Mr Stiles
Mr Pierce
Mr Clark
Mr N Hoit
Mr Whitcomb
Mr Connor
Mr Tibbets
Mr Tash
Mr Parker
Mr B Page
Mr Jon" Smith
Mr Chamberlain
Mr Rand
>!■• Weeks
Mr Knox
Mr .M^'.Millan
Mr Bingham
Mr Leavitt
Mr Godfrey
Mr R Macgregore
Mr Griffin
.M'- Dodge
Mr Kellie '
.Mr Warner
Mr Duncan
M-- Wiggin
.Mr Carr
Mr P Clark
Mr Payne
M>^ Eastman
.Mr How
Mr Gregg
Mr Tarlton
Mr Jab^ Smith
Mr Waldron
Mr Wallace
Mr Simpson
M' Plummer
.Mr Harper
Mr Flanders
Mr Young
Nays.
Nays.
Nays.
Nays.
Mr J Macgregore
Mr Jo" Smith
Mr Shepherd
Mr Stone
Mr Currier
Mr Bettan
Mr Alexander
Mr Nicols
Mr Wm Duncan
Mr Abbott
Mr Temple
Mr Crawford
Mr N Emerson
Mr J Duncan
Mr Allen
Mr E Hoyt
Mr T Page
Mr Gale
Mr Penniman
Mr Norris
Mr Hutcliens
44 Yeas — 21 NaA'S — so it passed in the affirmative
Voted that the General Court by the Constitution to be convened
on the first Wednesday in June next meet at Dover —
The Committee on the Petition of Dudley Watson reported that
said Watson be allowed to pa}' into the Treasury Seven shillings
in Silver in lieu of twenty shillings in Certificates or Idents he
being a bondsman to a collector who has absconded and the late
resolve does not give any relief in such cases — which report
being read and considered voted that it be received and accepted —
Voted that M' Payne, M' Badger, AP Pierce, AP Parker and
M'' Freeman with such of the Honb' Senate as they ma}- join be a
Committee to consider and state conditions for setling the unlo-
cated lands in the Northerly part of this state and receive such
proposals for the purchasing of said Lands as may be offered and
report thereon —
Voted that the Reasons assigned to this House the
* 14-318 * present Session b}' the Honb' John Pickering Esq""
Chief Justice of the Superior Court for the Judges not
attending the last fall circuit in the County of Grafton are fully
satisfactory —
The Committee appointed to consider of a Report made by the
Honb' Nathanael Peabody Esq'' one of the Committee for revising
the Laws, reported that they have carefully examined the printed
copy of said Laws, that there are many errors in said copy some
of which are in the originals some in the copies sent tiie printer
I79-] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 465
and some in the printer but the last chiefly owing to the unintelli-
gibleness of said copies — That it will be necessary to have thirty
four sheets reprinted which the printer is ready to do and rely on
the Court for such compensation as they may judge proper to
make — That the paper on which the laws are printed is not so
good as was expected but such as in their Opinion will not justify
a Refusal of said Copy — That after the reprinting the said thirty
four sheets there will be some inaccuracies in the remaining
sheets but not of importance —
That if it should be the Opinion of the Legislature to receive
said Copy it will be necessary to make the Original conformable
thereto — Your Committee herewith present one of said copies
with the errors marked in the margin also a list of said Errors
made by the Committee — Your Committee also present an Index
made out by Nathanael Adams Esq'' which will not require any
alterations should the copy presented be received by the Honb'
Legislature — which report being read and considered voted that
it be received & accepted and that M" J Macgregore, Nathanael
Adams Esq"' and M"' Parker with such of the Honb' Senate as they
may join be a Committee to bring in a Bill for correcting the in-
accuracies mentioned by making the originals conformable thereto,
also report some proper person or persons to inspect the press in
reprinting the said thirty four sheets —
The vote in favour of John S [Samuel] Sherburne
Esq'' came *dow'n from the Honb' Senate for the fol- * 14-319
lowing amendment "■ that he receive a State Note dated
the 31*' of July 1788 with Interest" — which amendment was read
and concurred —
Adjourned to mondaj- next at 2 oClock P. M —
MONDAY Jan'' 2" 1792.
The House met according to adjournment
Motion was made to reconsider the vote of Saturday last order-
ing a Report in favour of dividing Bath Landaft' &c into two
districts for Representation to lay till next Session, on which
motion the yeas and nays were called and are as follows —
Yeas. Ye.is. Yeas. Yeas.
M"^ Pierce M>- Harper M' .McMillan M^ Whitcomb
Mr Clifford iM>- E Smith .M-' Warner S\^ Parker
Mr Cilley M'' N Hoit M"- J Duncan M'' Temple
Mr Jon" Smith AK Tash Mr Flanders M^ Bingham
M'- Godfrey Mr Chamberlain M>- Stiles M"- Griffin
466
NEW HAMPSHIRE EARLY STATE PAPERS.
[1792
Yeas. Yeas. Yeas. Yeas.
M'' Duncan M'' E Hoyt M'' Norris M'^ Simpson
M'' Nicols Mr Freeman M^ Hutchens iM'' Young
Wi- Crawford Mr Payne M^ Tarlton
Nays. Nays. Nays. Nays.
M'' Gains M^ Eastman M^ Kellie M^ Alexander
W Connor M' Jab^ Smith M"- Carr M' M Smith
Mr B Page M"- Plummer M' Badger Mr Rand
M"- Weeks I\H- iMarcli M^ R Macgregore M' Allen
M"- Leavitt M"- J Clark M>- P Clark M' Holmes
Mr Dodge Mr Tibbets Mr Wallace Mr Penniman
Mr Wiggin Mr N Emerson Mr Gale Mr Stone
Mr Currier Mr Bettan Mr Shepherd
31 Yeas — 31 Nays — so the motion did not prevail
Whereas Samuel Penhallow Jun'' of Portsmouth hath Petitioned
this Court setting forth that he as Suret}' to one John IVPAdams
signed a Bond with him on the 24"' day of Ma}^ 17S4, pa3'able to the
impost Officer for ten pounds, also on the fifth daj' of November
the same year 1784 he signed as surety to said M'' Adams another
Bond of nine pounds Seven shillings pa3'able to said Impost Offi-
cer for duties on goods imported into this State — And as said
Penhallow has made it to appear to a Committee of both Houses
that he used his utmost endeavours with his principal and the Naval
officer to enforce payment who told him that the Law did not im-
power him to prosecute the bonds — since that time said
* 14-320 M" Adams has left this state * and has not _vet returned,
whereby he has become liable without any remedy —
The Committee reported that the prayer of said Petition be
granted —
Therefore Resolved that the said Samuel Penhallow Jun'' be and
he hereby is Exonerated from the Penalties of said Bond — any
Law custom or usage to the Contrary notwithstanding —
Resolved \\\-A.\. all Commissioned and non comiuissioned Officers
Soldiers and Seamen who have not been inspected or who may
have been Inspected and refused or struck off the list of Invalids
may make application to Docf Samuel Tinney [Tenne}'] and
Docf William Parker of Exeter for Examination who are hereby
continued Inspectors of Invalids and on its appearing to the In-
spectors that any of them ought to be on the Invalid pension list
they shall certify the Same to the President of this state stating
the facts relative to the subject and that he be desired to make
proper application to Congress on their behalf agreable to an}-
Act or Resolve of Congress or the state respecting Invalid Pen-
sioners —
I79-] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 467
An Act to authorize the Select men of New Durham Gore in
the County of Straflbrd in said state to levy a Tax of one penny
an Acre on all the lands in said Gore for repairing the highways —
was read a third time and passed to be Enacted
The vote appointing a Committee to bring in a Bill for correct-
ing the inaccuracies &c was sent down & M'' Page and M'' Dow
joined to the Committee for the purpose of pointing out the most
eligible mode for correcting the Errors in the Original Bills [in-
stead of bringing in a bill for correcting said errors] which
amendment was read and concurred
The vote respecting granting the prayer of the Petition from
Littleton and Dalton came down from the Honb' Senate for the
following amendment "that a Bill niaj^ be brought in at this or
the next Session respecting the Town of Dalton and the highway
tax in Littleton — wliich amendment was read and concurred —
Voted that his Excellency the President be requested to give
information to the Revr'' M'' Morrison of Londonderry that it is
the Desire of the Legislature that he would prepare to
* deliver an Election Sermon at Dover before the Gen- * 14-321
eral Court that may assemble on the first Wednesday
in June next
Voted that the Honb' Council and the Secretary be allowed
nine [six] shillings ^'' Day and the Same travel as Members of
Court for their service in the Recess, that the allowance for the
attendance and travel of the Senate and House of Representatives
and their Officers be the Same as was allowed the last session
with this addition that the Assistant Clerk be allowed the same
travel as a Member of Court and that they be paid in the same
manner as heretofore [and that the wages of the Representatives
be added to the tax of the several towns and districts the}^ repre-
sent in the same manner as heretofore.] and that the Secretary
and Clerks make up the Respective Rolls and the President give
order accordingly —
On Motion that the Members of the Present Legislature who
were not Members the last year be each of them entitled to a
Copy of the Revised Laws of this state at the charge of the
state — The yeas and nays were called and are as follows
Yeas.
Yeas.
Yeas.
Yeas.
I\I'
• Connor
Mt
■ Plummer
M'-
N Emerson
M'- Tash
M'
' B Page
W'
■J Clark
M'
Bettan
Mr Chamberlain
M'
■ Weeks
.M'
■ Tibbetts
M^
Kellie
Mr Tarlton
M'
■ Le.-ivitt
W
• M Smith
y\'
Waldron
M'- R M^Gregore
M>
■ Dodge
M'
■ Kno.x
M'-
N Hoyt
Mr Warner
468
NEW HAMPSHIRE EARLY STATE PAPERS.
[1792
Yeas.
WP. Clark
M^ J Duncan
I\lr Gale
Mr Flanders
Nays.
M"" Gains
M"" Godfrey
M"- Jos Sm'ith
Mr Can-
34 Yeas
Mr Shepherd
Mr Temple
M"- Holmes
M' S Duncan
Nays.
Mr E Smith
M"- Abbott
Mr Stiles
Mr Whitcomb
Yeas.
Mr Nicols
Mr Crawford
Mr E Hoyt
Nays.
Mr Parker
Mr Alexander
Mr Rand
Mr Allen
Yeas.
Mr Freeman
Mr Payne
Mr Norris
Nays.
Mr Bingham
Mr Grififin
Mr Stone
Mr Youns:
— 16 Nays — so it passed in the affirmative
Adjourned to 9 o'Clock to morrow morning —
TUESDAY Jan^^ 3" 1792
The House met according to adjournment
[The vote appointing the Reverend M' Morrison to preach the
election sermon, was returned by the Honorable Senate and the
following one took place thereof.]
Voicd that M'' Macgregore, M"" [N.] Hoyt, M'' Duncan M"' Bing-
ham and M'' Freeman be joined to a Committee appointed by the
Honb' Senate to nominate three persons one of whom to be ap-
pointed to deliver an Election Sermon on June next before the
General Court —
An Act impowering Joseph Philbrick to sell certain Estate was
read a third time and passed to be Enacted —
* 14—322 * Upon reading and considering the Petition of Benja-
min Ham — Tolcd ihut ihe Petitioner be heard thereon
before the General Court on the tirst Tuesday of the next Session
and that in the mean time the Petitioner cause that the Substance
of the Petition and order of Court thereon be published three weeks
Successively in one of the Portsmouth papers Six weeks prior to
the sitting of said Court that the Petitionee may then appear and
shew cause if any he hath why the prayer thereof maj' not be
granted and that the Execution against said Ham be stayed until
a decision of the General Court —
The Committee for pointing out the most eligible mode for cor-
recting the errors in the Original Bills reported that the two
branches meet in one House to consider the Errors in said Bills
that they may be corrected — which report being read and con-
sidered roh'd that it be received and accepted —
Vo/cd that the Account of John Calfe Esq' amounting to nine
pounds fifteen shillings be allowed and paid out of the Treasury
by order of the President —
[792] JOURNAL OF THE HOUSE OF REPRESENTATIVES.
469
Voted that the Masonian proprietors so called pay into the
Treasury New Hampshire state notes so much with what notes
they have already paid upon said Bond as will amount to Six thou-
sand three hundred and thirt}- three dollars and one third of a
Dollar and that they have libert}- to discharge the ballance both
Interest and principal that will then remain due on said Bond by
paying seven shillings in Specie in lieu of and in full for each
twenty shillings of the nominal sum of said Ballance — On the
foregoing vote the Yeas and nays were called and are as tbllows
(viz)
M'' Gains
Mr J iVIacgregore
M-- B Page
IW Weeks
M"' Leavitt
* Mr N Hoit
M-' Tash
Mr Chamberlain
M' M-^Millan
M'' R Macgregore
Nays.
M'' Connor
Mr Currier
Mr Eastman
Mr Plummer
M"- Tibbetts
Yeas.
Mr Dodge
Mr ClilTord
Ml' Jab^ Smith
Mr Cilley
Ml- March
Mr Warner
Mf P Claris
Mr J Duncan
Ml- Gale
M"- Flanders
Nays.
Mi- Jona Smith
Ml- Knox
Ml- Godfrey
Ml- Jo» Sm'ith
Ml- KeUie
Yeas.
M'- Jon" Clark
Ml- W"i Duncan
IVK N Emerson
Mr Bettan
Mr Can-
Mr Stiles
Mr Parker
Mr Rand
Mr Penniman
Mr Griffin
Nays.
Mr Shepherd
Mr Whitcomb
Mr Ale.xander
Mr Temple
Mr M Smith
Mr How
Mr Waldron
Mr Harper
Mr Badger
Mr E Smith
Mr Crawford *
Mr Payne
Mr Norris
Mr Simpson
Mr Young
Nays.
Mr Allen
Mr Stone
Mr S Duncan
Mr E Hoyt
Mr Hutchens
40 Yeas — 20 Nays — so it was confirmed —
Voted that the account of Moses Leavitt Neal amounting to
fifteen shillings be allowed and paid out of the Treasury by order
of the President —
Voted that the Account of Nathanael Rogers & Nath" Oilman
Esquires amounting to ten pounds eighteen shillings be allowed
and paid out of the Treasury by order of the President —
Upon reading and considering the Petition of Silas Bettan and
the report of a Committee thereon voted that the Petitioner be heard
thereon before the General Court on the first Tuesda}' of the next
Session and that in the mean time the Petitioner cause that the
Select men of New Boston be served with a Copy of the Petition
and order of Court thereon six weeks prior to said day of hearing
that they may then appear and shew cause (if any they have)
why the prayer thereof may not be granted —
Jicsolved that the Treasurer of this state be and hereby is di-
rected immediately to send on to Philadelphia such vouchers as
470 NEW HAMPSHIRE EARLY STATE PAPERS. [l79-
have been collected for the purpose of Supporting the claims of
this state against the United states in the Mail putting up the said
papers and vouchers in convenient packages and addressing them
to the Honb' Woodbury Langdon Esquire one of the Commis-
sioners for setling the accounts between the Individual states and
the United states —
Adjourned to 3 oClock P. M.
Met accordingly —
* 14-324 *The Senate and House being met in the assembly
Chamber, proceeded to correct sundry errors in certain
Acts
Voted that the Account of Nathanael Adams Esq'' amounting
to eighteen pounds nineteen shillings be allowed and paid out of
the Treasury by order of the President
Voted that M'' Macgregore M'' Payne & M'' Parker with such
of the Honb' Senate as they may join be a Committee to report
what farther measures may be necessary to compleat the revision
and impression of the Laws —
An Act in addition to an Act indtled an Act ordering the de-
scent of Intestate Estates and impowering the judge of Probate
to setde the same accordingly, was read a third time and passed
to be enacted —
An Act to prevent damage which may be done b}- Lumber to
the Owners of lands lying on and adjoyning Connecticut river and
Merrimac river was read a third time and passed to be Enacted —
The Committee on the Petidon of John Reid reported that it
appears from Certificates from Officers then in the service of the
United states that said Reid was a Soldier in Cap' Weare's Com-
pany in said Service and that after his inlistment he lost his right
arm by the firing a field piece on the Entrance of a General Officer
of the United states in the Town of Portsmouth and therefore in
the Opinion of the Committee said Reid is clearl}' indtled to be
put on the list of Invalid pensioners which report being read and
considered voted that it be received and accepted and that he be
enrolled accordingly —
Adjourned to 9 o'Clock to morrow morning
WEDNESDAY Jan« 4"' 1792.
The House met according to adjournment
On motion that the Interest on the Bonds given by the .Ma-
sonian Proprietors be struck off and not demanded by the state —
The yeas and nays were called and are as follows (viz)
[792] JOURNAL OF THE HOUSE OF REPRESENTATIVES.
471
•Yeas.
M'' Gains
M'' iMacgregore
M'- Weeks
Ml' Leavitt
Mr Plummer
Mr Connor
Mr B i'age
M'' Dodge
M"- Wiggin
M'- Clifford
Mf Currier
M'' Eastman
Mr Jab'' Smith
M' Tibbetts
Mrjon" Smith
M' Knox
Mr Godfrey
Yeas.
Mr Cilley
M'-J Clark
M'' VVi" Duncan
Mr N Emerson
Mr Bettan
Nays.
M'- T Page
Mr Jo5 Smith
Mr Kellie
Mr Carr
Mr Waldron
Mr R Macgregore
Mr Warner
Mr Abbott
Mr P Clark
Mr J Duncan
Mr Wallace
Mr Gale
Y'cas.
Mr How
Mr Badger
Mr E Smith
Mr N Hoit
Mr Tash
Nays.
Mr Flanders
Mr Shepherd
Mr Stiles
Mr Whitcomb
Mr Parker
Mr Alexander
Mr Temple
Mr M Smith
Mr Rand
Mr Allen
Mr Bingham
Mr Holmes
Yeas. * 14-325
Mr Chamberlain
Mr Crawford
Mr Payne
Mr Simpson
Nays.
Mr Penniman
Mr Griffin
Mr Stone
Mr Duncan
Mr Nicols
Mr E Hoyt
Mr Freeman
Mr Norris
Mr Hutchens
Mr Tarlton
Mr Young
19 Yeas — 47 Nays — so the motion did not prevail
Motion was then made that the state receive three 'g'' Cent only
in lieu of Six '§' Cent — which motion did not prevail —
On Motion that Messr" Peabody and Macgregore be abated
three Hundred and Sixt}' pounds on their Excise Bonds — the
yeas and nays were called and are as follows (viz)
Yeas.
Yeas.
Yeas.
Yeas.
Mr Gains
Mr Waldron
Mr M'-Millan
Mr Bingham
Mr Pierce
Mr How-
Mr R Macgregore
Mr Penniman
Mr B Page
Mr Badger
Mr Warner
Mr Griffin
Mr Cilley
Mr E Smith
Mr P Clark
Mr Nicols
Mr Jon» Smith
Mr N Hoit
Mr Wallace
Mr Freeman
Mr W>" Duncan
Mr Tash
Mr Stiles
Mr Simpson
Mr Can-
Mr Chamberlain
Mr Temple
Mr Young
Nays.
Nays.
Nays.
Nays.
Mr Connor
Mr Plummer
Mr Kellie
Mr M Smith
Mr Weeks
Mr J Clark
Mr Abbott
Mr Rand
Mr Leavitt
Mr Tibbets
Mr J Duncan
Mr Allen
Mr Dodge
Mr Knox
Mr Gale
Mr Holmes
Mr Wiggin
Mr N Emerson
Mr Flanders
Mr Stone
Mr Clifford
.Mr Godfrev
Mr Shepherd
Mr S Duncan
Mr Currier
■Mr T Page
Mr Whitcomb
Mr Crawford
Mr Eastman
Mr Bettan
.Mr Parker
Mr E Hoyt
Mr Jab'- Smith
Mr Jos Smith
Mr Alexander
.Mr Norris
28 Yeas — 36 nays — so the Motion was lost
* Motion was then made that said Messr' Peabody & * 14-326
472
NEW HAMPSHIRE EARLY STATE PAPERS.
[179^
jNIacgregore be abated Three hundred and fifty pounds on which
motion the yeas and nays were called and are as follows.
M'' Gains
Mr Pierce
M"- B Page
M' alley
Mr Tibbetts
Mr W" Duncan
Mr Can-
Mr How
Mr Waldron
Mr Badger
Mr E Smith
l\lr N Hoit
Mr Tash
Mr Cliamberlain
Mr M'^Millan
Mr R Macgregore
Mr Warner
Mr P. Clarlv
Mr Wallace
Mr Stiles
Mr Temple
Nays.
Mr Bettan
Mr Kellie
Mr Abbott
Mr J Duncan
Mr Gale
Mr Flanders
Mr Shepherd
Mr Whitcomb
Mr Pennmian
Mr Griffin
Mr Freeman
Mr Tarlton
Mr Simpson
Mr Young
Nays.
Mr Parker
Mr Alexander
Mr Rand
Mr Allen
Mr Holmes
Mr Stone
Mr Crawford
Mr E Hovt
Nays. Nays.
Mr Connor Mr Jab'' Smith
Mr Weeks Mr Plummer
Mr Leavitt Mr J Clark
Mr Dodge Mr Knox
Mr Wiggin Mr Emerson
Mr Clifford Mr Godfrey
Mr Currier Mr T Page
Mr Eastman Mr Jo^ Smith
Mr Payne
27 Yeas — 33 nays — so the motion was lost
Motion was then made that Messr'^ Peabody & Macgregore be
abated on their Excise Bonds the Sum of three hundred & thirty
pounds and that no further abatements on any of their bonds, or
bonds executed by either of them for excise shall hereafter be
made — On which motion the yeas and nays were called and are
as follows (viz)
Yeas.
Mr Gains
Mr Pierce
Mr B Page
Mr Bettan
Mr Cilley
Mr March
Mr Tibbets
Mr W'" Duncan
Mr Carr
Nays.
Mr Connor
Mr Wee 
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