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Full text of "[Provincial and state papers]"

Gc M« 

974.2 
N41 

V.22 
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 Weeks 
Mr Leavitt 
Mr Dodge 
Mr Wiggin 
Mr Clifford 
Mr Currier 
Mr Eastman 



Yeas. 
Mr How 
Mr Waldron 
Mr Badger 
Mr E Smith 
Mr N Hovt 
Mr Tash 
Mr Chamberlain 
Mr McMillan 
Mr R Macgregore 

Nays. 
Mr Jab^ Smith 
Mr Plummer 
Mr J Clark 
Mr Knox 
Mr N Emerson 
Mr Godfrey 
Mr T Page' 
Mr Jo« Smith 



Mr Warner 
Mr J' Clark 
Mr J Duncan 
Mr Wallace 
Mr Flanders 
Mr Stiles 
Mr Temple 
Mr Bingham 
Mr Penniman 

Nays. 
Mr Kellie 
Mr Abbott 
iAfr Gale 
Mr Shepherd 
Mr Whitcomb 
Mr Parker 
Mr Alexander 
Mr Rand 



Yeas. 
Mr Griffin 
Mr S Duncan 
Mr Nicols 
Mr Freeman 
Mr Pavne 
Mr Tarlton 
Mr Simpson 
Mr Young 

Nays. 
Mr Allen 
Mr Holmes 
Mr Stone 
Mr Crawford 
Mr E Hovt 
Mr Norris 
Mr Hutchens 



?92] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 



473 



35 Yeas — 31 Nays — so the motion prevailed — 

* Adjourned to 3 o"Clock P. M — * 14-3-7 

Met accordingly — 

Volcd that the Treasurer be directed to receive from the Town 
of Westmoreland an order in favour of said Town Dated August 
3'' 1791 — and issue a Note for the Same on Interest from the time 
the order became payable — 

On Motion that Maj'' Bradbury Cilley be abated on his Excise 
Bond commencing in October 1788 the Sum of Two hundred and 
thirty Six pounds — voted in the negative — 

Motion was then made that Bradbury Cilley Esq' be abated on 
his Excise Bond commencing in October 1788 the Sum of two hun- 
dred pounds and that no further abatement on his bond shall 
hereafter be made — on which motion the Yeas & nays were called 
and are as follows — (viz) 



Yeas. 


Yeas. 


Yeas. 


Yeas. 


Rf Gains 


Mr N Emerson 


Mr Chamberlain 


Mr Temple 


M'- Fierce 


Mr Carr 


Mr M'^Millan 


Mr Holmes 


Mr Connor 


Mr How- 


Mr R Macgregore 


Mr Griffin 


M"' Macgregore 


Mr Waldron 


Mr Warner 


Mr S Duncan 


Mr Leavitt 


Mr Harper 


Mr Abbott 


Mr Nicols 


Mr Dodge 


Mr Badger 


Mr Clark 


Mr Freeman 


M>- Jab^ Smitli 


Mr E Smith 


Mr J Duncan 


Mr Tarlton 


Mr J Clark 


Mr N Hoit 


Mr Wallace 


Mr Simpson 


Mr W»' Duncan 


Mr Tash 


Mr Stiles 


Mr Young 


Nays. 


Nays. 


Nays. 


Nays. 


M'- B Page 


Mr Kno.\ 


Mr Gale 


Mr Bingham 


M'- Weeks 


Mr Godfrev 


Mr Flanders 


Mr Penniman 


Mr Wiggin 


Mr T Page 


Mr Shepherd 


.Mr Stone 


Mr Clifford 


Mr Jo^^ Smith 


Mr Ale.xander 


Mr Crawford 


Mr Currier 


Mr Bettan 


.Mr Rand 


Mr E Hoyt 


Mr Eastman 


Mr Kellie 


Mr Allen 


Mr Norris 


Mr Hutchens 









36 Yeas — 25 Nays — so it passed in the affirmative — 
]'otcd that Peter Gushing be abated on his Excise bonds for the 
3'ear commencing in October 17S8 the Sum of fift}- pounds and 
that no further abatements on his bonds shall hereafter be made — 
]'otcd that Daniel Warner Esq'' and Companj- collectors of 
Excise for the County of Hillsborough be abated on their excise 
bonds for the year following October 1788 while they collected the 
Excise the Sum of One hundred and ten pounds and that no 
further abatement shall hereafter be made — 

The following Resolve