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Full text of "[Provincial and state papers]"

Gc M. 

974.2 
N41 

V.22 
1136881 



GENEALOGY COLLECTION 



ALLEN COUNTY PUBLIC LIBRARY 



3 1833 01092 3909 



Digitized by the Internet Archive 
in 2013 



http://archive.org/details/provincialstatepv22newh 



Early State Paprrs 

OF 

HEW HAMPSHIRE 

Including the Journals of the Senate and House of Repre- 
sentatives and Records of the President and Coun- 
cil, from June, 1790, to June, 1793, 

WITH AN APPENDIX 

Containing the Journal 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. 



VOLUME XXII. 



ALBERT STILLMAN BATCHELLOR 



ED 1TOR. 




CONCORD : 
Ira 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 tlie Senate and House of Representatives in Ge?ieral Court convened: 

That His Excellency the Governor be hereby authorized and empowered, with 
the advice and consent of the Council, to employ some suitable person and fix his 
compensation, to be paid out of any money in the treasury not otherwise appro- 
priated, to collect, arrange, transcribe, and superintend the publication of such 
portions of the early state and provincial records and other state papers of New 
Hampshire as the Governor may deem proper; and that eight hundred copies of 
each volume of the same be printed by the state printer, and distributed as follows : 
namely, one copy to each city and town in the state, one copy to such of the 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 AtlgUSt 4, 1 88 1 . 



PREFACE 



1136881 

This volume is the third of the series which embodies the 
journals of the Senate and House of Representatives and the 
records of the President and Council from the beginning of the 
political year 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 first 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 the Federal relations of the American 
slates. Yet the people of the state have never found sufficient 
occasion for substituting another constitution for that of 1784 — 
that is to saw that constitution has 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 
1 791-2 as the " Constitution of 1792" ; Picrcex. State, 13 N. H. 536, 
542 ; Baker v. Holderness, 26 N. II. no, 114 ; Rich v. Flanders, 
39 N. II. 375, 376; Cofif v. Henniker, 55 N. H. 179, 191 ; Per- 
kins v. Scott, 57 N. H. 55, 57, 78; King v. Hopkins, 57 N. H. 
346: Re-port of Commissioners for Revision of the Laws, 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. II. 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 1784 
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 1850, 1876, and 
[889. 

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 effect in 1793 were important and 
radical. By their operation the form of government was materi- 



PREFACE. V 

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 1883, 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 very 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 



VI PREFACE. 

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 gentlemen 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 79° 
Members of the House, 1790-91 . 
House Journal, June Session, 1790 
Senate Journal, January Session, 179 1 
House Journal, January Session, 1791 
Records of President and Council, 1790-91 
State Officers, 1791-92 . 

Senate Journal, June Session, 1 79 1 
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 Journal, June Session, 179 2 
Senate Journal, November Session, 179 2 
House Journal, November Session, 1792 
Records of President and Council, 1792-93 



1-4 

5-3 T 

35-39 

4°~93 

95- J 37 
139-244 

245-274 

275-278 

279-304 

307-312 

3 J 3-3 6 4 

3 6 5-399 

401-483 

4 8 5~5°9 
5 II -5 I 3 
5 1 5-539 
543-548 
549-599 
601-634 

635-7 H 

715-744 



APPENDIX. 

Impeachment of Woodbury Langdon 
Records of N. H. Society of the Cincinnati . 
Biographical Sketches ..... 



757-820 
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, 5 the Senate. 
CHRISTOPHER TOPPAN, Hampton, Rock- \ Chosen from 
mgham, \ the House of 

Representa- 
tives . 



JOSEPH BADGER, Jr., Gilmanton, Strafford, 
LEMUEL HOLMES, Surry, Cheshire 
JOSEPH PEARSON, Exeter, Secretary of State. 
WILLIAM GARDNER, Portsmouth, State Treasurer. 

STATE SENATE. 

June 2, 1790, to June 1, 1791. 

EBENEZER SMITH, Meredith, 

President Pro Tern, or Senior Senator. 
'JOSEPH CILLEY, Nottingham. 
NATHANIEL PEABODY, Atkinson. 

RocHngham. < PETER GREEN < Conc -d. 

OLIVER PEABODY,i Exeter. 
NATHANIEL ROGERS, Newmarket. 

1 Oliver Peabody, in June, 1790, was appointed Judge of Probate, and January 14, in t' e 
winter session, Christopher Toppan was elected Senator. He declined, and on the 18 
John Bell was elected and served the remainder of the year. A memoir of Oliver Peabody 
is given in Vol. 3, Collections of New Hampshire Historical Society, p. 297. 



2 NEW HAMPSHIRE EARLY STATE PAPERS. i. 1 !^ 

County of S JOHN WALDRON, Dover. 

Strafford. I EBENEZER SMITH, Meredith. 

County of 5 EBENEZER WEBSTER, Salisbury. 

Hillsboro'. I ROBERT WALLACE, Henniker. 

County of \ AMOS SHEPHARD, Alstead. 

Cheshire, t SANFORD KINGSBURY, Claremont. 

County oi S JONATHAN FREEMAN, Hanover. 
Grafton. c 

JUDICIARY. 

Superior Court of Judicature. 

JOHN PICKERING, 1 Portsmouth, Chief Justice. 
JOHN DUDLEY, Raymond, j 

WOODBURY LANGDON, 2 Portsmouth, i Puisne Justices. 
SIMEON OLCOTT, Charlestown, ) 

JOHN PRENTICE, Londonderry, Attorney-General. 
NATHANIEL ADAMS, Portsmouth, Clerk. 

MILITARY ESTABLISHMENT. 

His Excellency JOSIAH BARTLETT, 

Captain- General, Commander-in-Chief, and Admiral. 

(No record showing who wore military aids to the Commander-in-Chief in the adminis- 
t rat ion of 1790-91 has heen found. See Vol. xx, p. 573.) 

FIRST DIVISION. 

BENJAMIN BELLOWS, Walpole, Major-General. 
Aids with the Rank of Major. 

JYIOODY DUSTIN, Claremont. 
"GEORGE SPARHAWK, Walpole. 

l Mr. Chief Justice Bartletl became President of the State in June, 1790. On the 17th of 
thai month Woodbury Langdon, John Dudley, Simeon Oleott, and John Pickering were 
nominated in the Executive Council, one of whom to he Chief Justice. On the 7th of July, 
1790, Mr. Pickering was appointed, and continued in the office till he resigned in 1795 to 
accept an appointment to the office of Judge of the United States District Court, which had 



become vacanl by the death of Judge John Sullivan. See article by Judge Nesmith on 
adge Pickering's case, \ Granite Monthly, 133. 



2 Judge Langdon, having heen appointed by President Washington, commissioner for 
settling the accounts between the United States and the individual States, to which office 
he was confirmed h\ the Senate Decemher 24, 1790, resigned his seat on the bench of the 
Superior Court. 

A i the June session of thai year an attempt was made in the General Court to impeach 
Judge LAngdon, on the charge that he neglected the duties of his office on account of the 
ilemands ol his private business. These proceedings were not successful. See Morrison's 
Life of Jeremiah Smith, p. 88. 

Timothj Farrar was appointed to succeed him, March is, 1791. 

For biographical sketches of Judge Farrar. see History of New Ipswich. 



179°] STATE OFFICERS, I79O-QI. 

SECOND DIVISION. 

JOSEPH CILLEY, Nottingham, Major- General. 

Aids with the Rank of Major. 

JOSEPH MILLS, Deerfield. 
BRADBURY CILLEY, Nottingham. 

Brigadier- Generals. 

GEORGE REID, Londonderry. 
MOSES DOW, Haverhill. 
JONATHAN CHASE, Cornish. 
THOMAS BARTLETT, Nottingham. 
JAMES HILL, Newmarket. 
NOAH LOVEWELL, Dunstable. 

Brigade Majors. 1 
, Adjutant- General. 



SUPPLY CLAPP, Portsmouth, Commissary- General . 

UNITED STATES SENATORS. 
I79O-9I. 

JOHN LANGDON, Portsmouth. 

Six years, be ginning March </, iySg. 

PAINE WINGATE, Stratham. 

Four years, beginning March 4, lySp. 

REPRESENTATIVES IN CONGRESS. 
179O-9I. 

Two years from March 4, 1789. 

NICHOLAS GILMAN, Exeter. 
SAMUEL LIVERMORE, Holderness. 
ABIEL FOSTER, Canterbury. 

l It is supposed that the Adjutant-General and Brigade Majors were the same as given 
in the official tables for the previous year, but this cannot be verified in the absence of con- 
temporary records. No registers for the State were published for the years 1790, '91, '02, '93. 



NEW HAMPSHIRE EARLY STATE PAPERS. L 1 ?^ 

Two years from March ^, 1791. 

NICHOLAS OILMAN, Exeter. 
SAMUEL LIVERMORE, Holderness. 
JEREMIAH SMITH, Peterborough. 



FEDERAL OFFICERS, 1790-1791. 



DISTRICT COURT. 



JOHN SULLIVAN, Durham, Judge. 

JOHN S. SHERBURNE, 1 Portsmouth, District 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. 

JOHN TAYLOR GILMAN (declined) . 

WOODBURY LANGDON, Portsmouth, Com- 
missioner for Settling the Accounts between the 
United States and Individual States 

NATHANIEL GILMAN, Exeter, Commissioner 
of Loans ....... 

WILLIAM GARDNER, Portsmouth, Commis- 
sioner of Loans, in place of Nathaniel Gilman, 
who declined his appointment .... 

JOSHUA WENTWORTH, Portsmouth, Super- 
visor. District of JVezv Hampshire . 

l Appointed by the name of Samuel Sherburne, Jr. As to change of name, see N. II. MSS. 

Laws, its:), Vol. (3, p. .w. 



Date of Confirmation 


Aug. 


10, 


1790. 


Dec. 


24, 


1790. 


Aug. 


7> 


1790. 


Dec. 


24, 


1790. 


March 4, 


1791. 



Journal of the Senate 



CONTAINING THE PROCEEDINGS 



FROM JUNE 2 TO JUNE 19, 1790. 



JOURNAL OF THE SENATE, 



At a Session of the General Court holden at Concord June 2 (1 
1790 being the day appointed by 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 d 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 entry of the return of votes for a 
President, was read by which it appeared that no President was 
Elected by the people. 

Adjourned Until 4, O'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 rs [for the County of Hillsborough, and] 
Jonathan Freeman Esq 1 " [for the County of Grafton] 

.Adjourned the further Elections 'till to-morrow morning. 



8 NEW HAMPSHIRE EARLY STATE PAPERS. l. 1 !^ 

[The Senate then retired to their chamber.] 
The above Gentlemen appeared in Senate except Joseph Cilley, 
Esq 1 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 1 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 1 ' Oliver Peabody, and M 1 
Green, joined. 

Adjourned 'till to-morrow morning 9, O'Clock. 

FRIDAY, June 4 th 1790 

Met according to adjournment. 
Present all the Senate duly qualified. 

Upon examination it appeared that the Honorable Ebenezer 
Smith Esq 1 ' is Senior Senator. [Who accepted of said office.] 

A Vote, for 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 1 ' Oliver 
Peabody, 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 r 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 1 ' Webster, and M r 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 r Kingsbury, 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 r Waldron, and M 1 ' 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, 
icad & concurred, M 1 ' Webster and M r Wallace, joined. 

A Vote, for a committee to join a committee of the Senate to 



1 790] 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 
Aurean School (so called) and report thereon, was brought up, 
read and concurred. General Peabody and M r 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 : M r 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 th 1790. 

Met according to adjournment. 
Present as yesterday. 

A Vote, for 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. [M r Green,] M r N. 
Peabody and M 1 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 r 
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 r 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 1 
Webster, and M r 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.] 



IO NEW HAMPSHIRE EARLY STATE PAPERS. [l^ 

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 
County 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 th 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 l " Nathaniel Peabody, and M r 
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 r Shepard 
and M r Green, joined. 

Adjourned 'till to-morrow morning 8, O'Clock. 

THURSDAY, June 8 th 1790 

* 2-541 * Met according to adjournment. 

Present as Yesterday. 
A Vote, for a committee to join a committee of the Senate to 
inform I lis Excellency that the two branches will be ready to 
receive hia answer at half after nine of the Clock, was brought 
up, read and concurred. M 1 Nathaniel Peabody, M r Green, and 
M' Oliver Peabody, joined. 



1 79°] 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 respecting 
Light houses &c &c. was brought up, read and concurred : M 1 ' 
Green, and M r Rogers, joined. 

The Honorable Senate met with the Honorable house of Rep- 
resentatives in their Chamber. The committee appointed to 
inform His Excellency Josiah Bartlett Esq r 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 following Gentlemen were chosen Counsellors viz. 

The honorable Chistopher Toppan, Joseph Badger, Robert 
Wallace, Lemuel Holmes and Jonathan Freeman Esq rs 

They then proceeded to ballot for a Secretary and it appeared 
upon counting the same that Joseph Pearson Esq 1 ' was chosen to 
that office. 

They then ballotted for a Treasurer and upon counting the 
same it appeared that William Gardner Esq 1 ' was [unanimously] 
chosen to that office 

And also proceeded to ballot for a Commissary General by 
which it appeared that Supply Clap Esq 1- was Chosen. 
Adjourned 'till to-morrow 4, o'Clock P. M. 

The Senate then retired to their Chamber. Soon after the 
above named Counselors attended in Senate, took and Subscribed 
the usual oaths as Counsillors ; after which Joseph 
Pearson Esq r *Took and Subscribed the oaths as Secre- * 2-542 
tary for the Year ensuing 

A Vote, for a committee to join a committee of the Senate to 
consider of the petition of H. Sherburne, and report thereon, was 
brought up, read and concurred : M r Rogers, joined. 

A Vote for a committee to join a committee of the Senate to 
consider of the petition of William Tenney, was brought up, read 
and concurred. M r 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. C 1 ?^ 

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 1 Kingsbury, joined. 

A Vote, for a committee to join a Committee of the Senate to 
consider of the petition of Josiah Swett and others and report 
thereon, was brought up, read and concurred : M r 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. M r Oliver Peabody, M r Shepard, and M r 
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 th , 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 Vote, for a committee to join a committee of the Senate to 
consider of the petition of William Simpson Esq r and report 
thereon, was brought up, read and concurred M r Oliver Peabody, 
and M 1 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 r Shepard 
M r Webster, and M 1 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 r Green, joined. 

A Vote, 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 r Smith 
joined. 



1 790] JOURNAL OF THE SENATE. 13 

A Vote for a committee to join a committee of the Senate to 
consider of the petition of Samuel Davis, was brought up, read 
and concurred : M r Oliver Peabody and M r 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 first to be entered 
upon, was brought up, read and concurred : M r Oliver Peabody, 
M r Green and M 1 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 1 ' [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 r Nathaniel 
Peabody joined. 

Adjourned 'till to-morrow morning 8, o'Clock. 

THURSDAY, June 10 th 1790. 

Met according to adjournment 
Present, all the Senate. 

A Vote, to hear the petition from Wolfsborough on the second 
Thursday of the next 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 r Rogers, 
and M r Freeman joined. 

The Hon. Joseph Cilley Esq 1 ' 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 r Webster and M 1 ' Smith 
Joined. 

A Vote, for a committee to join a committee of the Senate to 



14 NEW HAMPSHIRE EARLY STATE PAPERS. \_T-l9 

consider of a Letter from Judge Hubbard, was brought up, read 
and concurred M 1 ' Kingsbury, and M r Smith joined. 

A Vote, for a committee to join a committee of the Senate to 
consider of the Petition of Capt. Thomas 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 r and report thereon, 
was brought up, read and concurred : M r Waldron, and M r 
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 1 ' Smith and M r 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 Derryfield, was 
brought up, read and Concurred 

A Vote, granting the prayer of the petition of James M'Gregore 
Esq r 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 Senate to 
consider of the petition of Samuel Camfield, and report thereon, 
was brought up, read and concurred. M r W 7 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 
thereon, was brought up, read and concurred. General Peabody, 
joined. 

A Resolve, that the Inferior Court of Common Pleas by 
* 2-545 Law *To be holden at Dover on the third Tuesday of 
June Instant as well as the Court of General Sessions, 
In- 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 Tuesdav 
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. 



179°] JOURNAL OF THE SENATE. iq 

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 r Freeman 
and M 1 * 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 
other Towns and report thereon, was brought up read and con- 
curred, M r Wallace and M r Green, joined. 

A Vote, that the bond signed by the Treasurer M r Peabody and 
M 1 " 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 Thursday 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, for 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 1 ' [N.] 
Peabody, and M r Cilley, joined. 

A Vote, to accept the Answer of the Committee to the Late 
President and that they present the same to John Sullivan Esq 1 " 
was brought up, read and concurred. 

Adjourned 'till 8 o'Clock to-morrow morning. 

FRIDAY June 11 th 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 r Webster joined. 

A Vote, to hear the petition of the Selectmen of Concord [alias] 
on the second Friday 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 papers,] was brought up, read and 
concurred. 

A Vote, for a committee to be added to the committee on the 
account of J Swett, was brought up, read and concurred : M l 
Shepard, joined. 



1 6 NEW HAMPSHIRE EARLY STATE PAPERS. [ J 790 

A Vote, that the [inhabitants on the] Locations granted to A. 
M'Millian, W. Stark, P. Bayley, V. Royce, 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 1 ' Smith joined. 

A Vote, for a committee to join a committee of the Senate to 
consider of the petition of the Reverend Oliver Noble, and report 
thereon was brought up, read and concurred : M r 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 Hurd 
to the second Friday of the next Session, was brought up, read 
and concurred 

A Vote appointing Captain Stephen Dole of Bedford Elijah 
Frink Esq 1 " 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 r 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 r Green, joined. 

A Vote, for a committee to join a Committee of the Sen- 
ate to consider of the petition of Daniel Rindge Esq 1 * 
* 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 'between this State and the Treas- 
urer thereof, was brought up, read and concurred. M 1 * N. Pea- 
body, and M 1 Kingsbury, joined. 

A Vote, for a committee to join a committee of the Senate to 



*e79°] journal of the senate. 17 

consider of the petition of Joseph Kimbal, and report thereon, 
was brought up, read and concurred : M r 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 r Cilley, and M r 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 th 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 1 ' Kingsbury, 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 r Freeman, and M r Waldron, joined. 

A Vote, that John Hubbard Esq 1 ' 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 1 ' 
of Surry, and Major Daniel Warner of Amherst be a committee (at 
the expence of the Petitioners) to view 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. C 1 ?^ 

MONDAY June, 14 th 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 hear 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 r Kingsbury, 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 shall * Be adjourned : Also consider what allowance shall 
be made to the members of the Honorable Senate and 
I louse of Representatives and their Officers for travel and attend- 
ance at this Session, was brought up, read and concurred: M r 
Smith M 1 ' N. Peabody, and M 1 ' Freeman joined. 

A Vote, for a committee to join a committee of the Senate to 
consider of the petition of James Houston, was brought up, read 
and Non-concurred. 

A Vote, to hear the petition of William Burrows on the Second 
Thursday of the next Session, was brought up, read and con- 
curred. 



1790] JOURNAL OF THE SENATE. IO 

A Vote, for a committee to join a committee of the Senate to 
consider of a Letter from M r Odiorne, and report thereon, was 
brought up, read and concurred. General Peabody, and M r Web- 
ster, joined. 

A Vote for a committee to join a committee of the Senate to 
consider of the propriety of the Treasurer issuing extents for out- 
standing Taxes excise and Impost, and report thereon, was brought 
up, read and concurred : M r Rogers, and M 1 ' 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 immediately 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 r Rogers, joined. 
Adjourned 'till to-morrow morning 8, o'Clock. 

TUESDAY, June, 15 th 1790. 

Met according to adjournment. 
Present as yesterday. 

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 twenty pounds in the Securities of this 
State in part payment of an Extent for Excise now lying 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. [i} CjO 

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 fourth 
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, w r as 
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 r Rogers, and M r 
Smith, joined. 

A Vote, that Nathaniel Gilman Esq 1 ' of Exeter the Honorable 
Nathaniel Rogers Esq 1 ' of Newmarket and Nathaniel Parker Esq r 
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.] Wentworth, 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, w r as 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 accordinglv 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 accordingly, 
was brought wp. 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 



179°] 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 16 th 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, voted 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, for a committee to join a committee of the Senate 
to consider of the petition of Job Dow, was brought up, read and 
concurred : M r Cilley, and M r 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 r Green and M r 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 Vote, 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 r Smith and M r Freeman, joined. 

A Vote, to hear the petition of the Inhabitants of Eaton and 
Burton on the Second Tuesday of the next Session, was brought 
up, read and concurred. 

A Vote, for a committee to join a committee of the Senate 



2 2 NEW HAMPSHIRE EARLY STATE PAPERS. t^*? 

to consider of the petition of the Heirs of Col. John Wentworth 
Deceased, and report thereon, was brought up, read and con- 
curred : M r Green, and M r 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 Boynton, was brought up, 
read and concurred : M r Webster, joined. 

A Vote granting the prayer of the petition of Sarah Sherburne, 
and giving her 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 G. [George] Hough, and all Simi- 
lar matters, was brought up, read and concurred : M 1 * Waldron 
and M r Webster joined. 

A Vote, to hear the petition of Elizabeth M'Clary on the second 

Friday 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 prayer of the petition of the Selectmen of 
Packersiield 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 1 " Nathaniel Peabody, and 
M r Shepard, joined. 

A Vote, 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 <>i Bartlett, having been read a third time Voted 
that the same be enacted 

A Vote, that the Secretary be requested to furnish the Several 



1 790] JOURNAL OF THE SENATE. 23 

Printers in this State with a Copy of the report of the committee 
on County lines, as soon as conveniently may be, and that the 
several printers be requested to print the same in their news 
papers three Weeks successively 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 16 th 1790.] 

Whereas a Resolve passed the General Court on the fifteen 
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 for 
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 for 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 any 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 1 ' Plumer, M r Toppan, and M r 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 1 ' 
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. [.^l^ 

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 th 1790. 

Met according to adjournment. 
Present as yesterday. 

A Vote, for 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 r 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 r Rogers, M r Shepard, and M r 
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 r Webster, joined. 
* 2_ 555 *^ Vote, for a committee to join a committee of the Senate 
to consider of the petition of Col. Jonathan Wentworth 
and report thereon, was brought up, read and concurred : M 1 
Webster, joined. 

A Vote, to refer the account of J. Eames Esq 1 * to the committee 
on the petition of Moore Russell, was brought up, read and con- 
curred. 

A Vote, to hear the petition of the 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 the third 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 Eliphalet Giddinge, and Nathaniel Gid- 
dinge, was brought up, read and concurred: General Peabody, 
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 r Waldron joined. 



179°] JOURNAL OF THE SENATE. 25 

A Vote, for a committee to join a committee of the Senate to 
consider of the petition of Thomas Cochran Jun r was brought up, 
read and concurred. M r 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 r Green, joined. 

A Vote, that Thursday the Twenty 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, granting the prayer of the petition 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 r Green, 
joined. 

Adjourned 'till to-morrow 9, O'Clock A M. 

FRIDAY, June, 18 th 1790. 

Met according to adjournment. 
Present as yesterday. 
An Act to enable Jonathan Sherburne of Portsmouth Physician 
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 1 ' 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 



l6 NEW HAMPSHIRE EARLY STATE PAPERS. [j^ 

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 
County of Grafton Esq r 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 r 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 1 ' for Assault and 
Battery and also restore John Sullivan Jun r James Sullivan, George 
Sullivan, Jonathan Steel, and Micah Davis to their Law, in an Action 
brought against them by the said Ebenezer Thompson Jun r 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 Vote, appointing Supply Clap, Nathaniel Rogers, 
& Nathaniel Gilman Esq 1 '" 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 pay Jeremiah Eames Esq 1 ' one pound, seven shillings 
in full of his Account for attending the Sheriff 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. 27 

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 of T Cochran, Jun r 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 1 ' thirty shillings Robert 
Wallace Esq r forty shillings, Amos Shepard Esq 1 ' 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 th 1789; also a Certificate 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 paj^ment 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 Treasury of this State, was brought 
up, read and concurred * With this Amendment, that the * 2-558 
Senate and Secretary 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. [l79<> 

Hamp[t]on Esq 1 ' deceased, and in the Executors of his last will and 
testament, having been read a third time, Voted 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 
OOice 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 1 ' 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, Voted that the same be enacted. 

A Vote, to pay the balance of the account of John Calfe Esq 1 ' 
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 
Wednesday of the next Session, was brought up, read and con- 
curred. 

A Vote, to allow the Rev'd Israel 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 d 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, Voted 
that the same be enacted. 

A Vote, to pay the account of J. Nelson amounting to eight 
pounds six shillings and four pence for horse carriage &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 1 ' to sell certain Lands, 
having been read a third time, voted that the same be enacted. 



179°] JOURNAL OF THE SENATE. 2Q 

A Vote, that Nathaniel Parker be allowed sixteen pounds, nine 
Shillings for his Account on Continental Accounts, was brought 
up, read and concurred. 

A Vote, to pay the account of Nathaniel Gilman Esq r 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- 
fore 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 further 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 th 1790. 

Met according to adjournment. 
Present as yesterday. 

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, Voted 
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 r 
amounting to * Thirty Shillings, was brought up, read * 2-560 
and concurred 

A Vote, to pay the account of George Hough amounting to 
three pounds ten Shillings and six pence for 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. C 3 ^ 

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 
Vote 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 1 Peabody, and 
Col. Peabody, joined. 

A Vote, to pay 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 Treasury 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 pa) 7 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' 1 
•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. 3 1 

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 
Excellency 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 v 



JOURNAL 



House of Representatives 



CONTAINING THE PROCEEDINGS 



FROM JUNE 2 TO JUNE 19, 1790. 
3 



House of Representatives 



FOR THE YEAR 1790-91 






"1136881 

Thomas Bartlett, Nottingham, Speaker. 

John Calfe, Hampstead, Clerk. 1 

Moses Leavitt Neal, Assistant Clerk. 

Rev. Israel Evans, Concord, Chaplain. 

Rev. John C. Ogden, Portsmouth, 

Preacher of Election Sermon, 

REPRESENTATIVES . 



George Gains. 
George Wentworth. 
John Samuel Sherburne. 
Benjamin Connor. 
James McGregore. 
Joseph Blanchard. 



Joshua Weeks. 



Portsmouth 

Exeter 

Londonderry 

Chester 

Newington . 

Greenland . 

Rye . 

North Hampton 

Hampton 

Hampton Falls 

Seabrook 

South Hampton 

Stratham 

Dunbarton 

Bow 

Salisbury 

1 Mr. Calfe being ill at the beginning of the session, William Plumer consented to serve as 
clerk during such disability, and accordingly was elected to that office June 2. He resigned 
in favor of Mr. Calfe on the 5th of June. See Life of William Plumer, p. 106. 

2 Elected to the Senate. 



Christopher Toppan. 
Elisha Brown. 
Phillips White. 



David Story. 
Ebenezer Webster. 2 



36 



NEW HAMPSHIRE EARLY STATE PAPERS. 



[I790 



Boscawen . 

Fishersfield 

Sutton 

Warner 

New London ' 

Andover & J 

Gore 

Charlestown 

Alstead 

Keene 

Swanzey 

Westmoreland 

Richmond . 

Jaffrey 

Winchester 

Chesterfield 

Rindge 

Walpole 

Claremont . 

Cornish 

Newport ^ 

Croydon £ 

Acworth ^ 

Lempster > 

Marlow ) 

Wendell } 

Unity \ 

Litchfield 

Derryi 

Dunstable 

Merrimack 

Bedford 

Goffstown 

Mollis 

Amherst 

Raby 

Mason 

New Ipswich 

Francestown 

Duxbury ) 

Mile Slip S ' 



field > 
field $ 



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. 1 
James Wellman. 

Jesse Lane. 
William Grout. 



Timothy Taylor. 
Stephen Dole. 

Daniel Emerson. 
Daniel Warner. 

Obediah Parker. 

Charles Barrett. 



1 Elected to the Senate. 



I 79°] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 



37 



Sli 



Wilton 

Lyndeborough 

Temple 

Peterborough 

Peterborough 

Society Land 

Hancock ^ 

Antrim > 

Deering ) 

Henniker > 

Hillsborough ) 

New Boston 

Weare 

Hopkinton . 

Pelham 

Dover 

Durham 

Somersworth 

Rochester . 

Barrington . 

Lee 

Sanbornton 

Gilmanton . 

Madbury . 

Meredith 

New Hampton 

Sandwich 

Tamworth 

Moultonborough 

Tuftonborough 

Wolfeborough 

Ossipee J 

Barnstead 

New Durham 

New Durham Gore 

Wakefield ) 

Middleton V 

Effingham ) 

Conway 1 

Eaton 

Burton 

Locations 



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. 



1 Elected to the Senate. 



38 



NEW HAMPSHIRE EARLY STATE PAPERS. 



[179O 



Nottingham West 
Kensington 
South Hampton 
East Kingston 
Kingston 
Brentwood . 
Epping . 

Newmarket 

Nottingham 

Deerfield 
Northwood ^ 
Epsom > 

Allenstown ) 
Northfield 
Canterbury 
Chichester 
Pittstield 
Loudon 

Concord 



Pembroke 
Candia 
Raymond 
Poplin 
Hawke } 
Sandown £ 
Hampstead 
Atkinson £ 
Plaistow 5 ' 
Salem 
Newton 
Windham . 
Surry ) 
( Til sum > . 
Sullivan ) 
Stoddard ^ 
Washington $ 
Dublin I 

Packersfield $ 
Marlborough 

1 Elected to the Senate 



John Eastman. 

William Plumer. 
$ Nathaniel Rogers. 1 
I James Hill. 
5 Thomas Bartlett. 2 
I Bradbury Cilley. 



Michael McClary. 

Charles Glidden. 
Jeremiah Clough. 



Samuel Chamberlin, 
, Peter Green. 1 
I John Bradley. 

Richard Bartlett. 

Stephen Fifield. 



5 Nathaniel Peabody. 1 
I Joseph Smith. 



Lemuel Holmes. 

Thomas Penniman 
Reuben Morse. 



2 Appointed Judge of Superior Court of Common Pleas. 



I 79°] JOURNAL OF THE HOUSE OF REPRESENTATIVES, 



39 



Fitzwilliam 
Plainfield . 
Protectworth 
New Grantham 
Holderness ^ 
Campton > 
Thornton ) 
Plymouth > 
Rumney ) 
New Chester ~) 
Alexandria I 
Bridgewater j 
Cockermouth J 
Enfield '} 
Canaan ! 
Cardigan f 
Grafton J 
Hanover 
Lebanon 
Lyme } 

Dorchester ) 
Haverhill ^ 
Coventry 5 
Piermont ^ 
Warren 5 
Orford \ 

Wentworth ^ 
Lincoln 
Franconia 
Bath 
Lyman 
Landaff 
Gunthwaite 
Littleton 
Dalton J 

Lancaster 
Northumberland 
Stratford 
Dartmouth 
Percy 
Cockburne 
Coleburne 



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 Elected to the Senate. 



•m-i ::: STATE OF NEW HAMPSHIRE, 



A JOURNAL 



Proceedings of the Honb l 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 agreably to the Constitution — after 
producing their credentials and taking the necessary oaths pro- 
ceeded to the choice of a Chairman and Ebenezer Smith Esq 1 ' (of 
Merideth) was chosen for that purpose — 

Motion was then made for the choice of a Clerk and William 
Plummer Esq 1 ' was chosen for that purpose 

The ballots were then called for, for the choice of a Speaker 
and The Honb 1 Thomas Bartlett Esq 1 ' was unanimously chosen 
Speaker of the House 

The Members of the Honb 1 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 s 
Oliver Peabody, J Waldron, J [Jeremiah] Smith, D Warner & 
G. Gains appointed as a Committee to re-examine the returns 
compare them with the Secretary s list and make report as soon as 
may be — The Senate elected and House then agreed to adjourn 



1 790] JOURNAL OF THE HOUSE OF REPRESENTATIVES, 



4 1 



the elections until to morrow at 9 oClock A M. and the Senators 
withdrew — 

Voted that M 1 ' Emerson, M 1 ' Macgregore & M r 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 d 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 1 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 

Yea. 
M r Plummer 



Nays. 


Nays. 


Nays. 


Nays. 


M r Gains 


M r E Smith 


M r Grout 


M r Peabody 


M r Wentworth 


(Durham) 


Mr Kellie 


M r Penniman 


M r Connor 


M r Palmer 


M r Wallace 


M r Morse 


M r Macgregore 


Mr Hale 


Mr Webster 


M r Stone 


M r Blanchard 


M r Badger 


M r Gerrish 


M r Kimball 


M r Weeks 


Mr Giles 


M r Page 


M r Duncan 


M r Toppan 


M r E Smith 


M r Shepherd 


M r Baker 


M r Brown 


(Merrideth) 


M r Stiles 


M r Burnam 


M r Eastman 


M r Bedee 


M r Whitcomb 


M r Crawford 


M r Rogers 


M r Hoit 


Mr Gaskill 


M r Freeman 


M r Bartlett 


Mr Taylor 


M r Prescutt 


M r Dow 


Mr McQarey 


Mr Dole 


M r Temple 


M r Tarlton 


Mr Clough 


M r Warner 


Mr M Smith 


M r Dame 


M r Chamberlain 


M r Parker 


M r Rand 


M r Young 


M r Green 


M r Barrett 


M r Allen 


M r Eames 


M r Cragin 


M r Abbott 


M r Wellman 


Mr R Bartlett 


M r Holmes 


Mr Clark 


M r Lane 


M r J Smith 



i Yea 66 Nays — So it passed in the Negative — 

The members of the Honb 1 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. t 1 ?^ 

person hath a majority that the four candidates having the highest 

numbers are the Honb 1 John Pickering Esq 1 ' 3189 The Honb 1 

Joshua Wentworth Esq r 2369 Honb 1 Josiah Bartlett Esq r 

* 14-3 1676 and the Honb 1 * Nathanael Peabody Esq r 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 1 Senators elected by the people and House being met 
in the Assembly Chamber agreably to the adjournment pro- 
ceeded to fill up the Honb 1 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 1 John 
Pickering Christopher Toppan, Peter Green Nathanael Peabody 
Joseph Cilley, Nath 11 Rogers John Bell and James Sheafe Esqr s 
— Honb 1 Ebenezer Smith & Joseph Pierce Esqr s for the County of 
Strafford — Honb 1 Robert Wallace, Robert Means, Ebenezer 
Webster and Jacob Abbott Esqr s for the County of Hillsborough 
and the Honb 1 Jonathan Freeman & Moses Dow Esquires for the 
County of Grafton) And made choice of the Honb 1 Nathanael 
Peabody Peter Green Joseph Cilley & Nathanael Rogers for the 
County of Rockingham — The Honb 1 Ebenezer Smith Esq 1 ' was 
unanimously chosen for the County of Strafford — The Honb 1 
Robert Wallace & Ebenezer Webster Esqr 8 for the County of 
Hillsborough and the Honb 1 Jonathan Freeman Esq 1 ' 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 r Abbot, M r Macgregore & M r Toppan with such 
of the Honb 1 Senate as they may join be a Committee to consider 
of the Petition of James Sheafe Esq 1 ' and others & report thereon — 

Sent up by M r Young 

* 14-4 • Voted that M r Abbot M r Sherburne & M r Dow with such 

of the Honb 1 Senate as they may join be a Committee to 
wait upon the Rev nl M r Ogden and return him the thanks of the 
Genera] Court for his ingenious discourse this day delivered 
before the Legislature and request of him a Copy for the press — 



179°] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 43 

Voted that M r Sherburne, M r J Smith, M r Dow M r Page and 
M r 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 1 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 th 1790 

The House met according to adjournment 

Voted that M r Holmes, M r Young and M r Dole with such of 
the Honb 1 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 r Taylor 

Voted that M r Sherburne, M r Cragin & M r Weeks with such of 
the Honb 1 Senate as they may join be a Committee to consider of 
the Petition of Jacob Burbank and report thereon — 

Voted that Six shillings ^ r day be given to an Assistant Clerk 
for this Session to be chosen out of the House — 

* Voted that M r Macgregore, M 1 ' Page and M r 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 r Toppan M 1 ' Dow & M r Eames with such of the 
Honb 1 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 r Young 

Voted that M r Blanchard, M r Badger & M r Shepherd with such 
of the Honb 1 Senate as they may join be a Committee to consider 
of the Petition of Josiah Sweat and report thereon — 

Sent up by M r Cragin 

Voted that M r Gains, M r Badger, M r M c Clarey M r Emerson 
and M r Penniman with such of the Honb 1 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 r Cragin 



44 NEW HAMPSHIRE EARLY STATE PAPERS. l. 1 !^ 

Voted that M 1 ' Macgregore, M r E Smith & M r Holmes with 
such of the Honb 1 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 r Moses Leavitt Neal be an Assistant Clerk for 
this House for the present Session — 

The Honb 1 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 r Abbott, M r J Smith & M r Tay- 
lor with such of the Honb 1 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 r Taylor 
* 14-6 * Adjourned to 3 o Clock P M — 

Met accordingly 
Voted that M r Toppan, M r J Smith, M r Dow, M r E Smith & 
M r Page with such of the Honb 1 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 r Dole 

Voted that M r Gains, M r Hale, M r Abbott, M r Stiles and M r 
Dow with such of the Honb 1 Senate as they may join be a Com- 
mittee to consider of the Petition 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 r 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 by M r 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 



179°] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 45 

being called for taken and counted the Honb 1 John Pickering and 
the Honb 1 Josiah Bartlett Esquires were elected — 

Sent up by M r Giles 
Voted that M r Holmes, M r Warner & M r Wentworth with such 
of the Honb 1 Senate as they may join be a Committee to consider 
of the Petition of Abel Allen and report thereon 

Sent up by M r Stiles 
Voted that M r J Smith, M r M c Clary & M r Taylor with such of 
the Honb 1 Senate as they may join be a Committee to consider of 
the Petition of William Tenny and report thereon — 

Sent up by M r Emerson 
Adjourned to 8 o'Clock to morrow morning 

SATURDAY June 5 th 1790 

Met according to adjournment 

*The Committee appointed to prepare rules & orders * 14-7 
for the government of the House reported the following 

I st Each member shall seasonably and punctually attend his 
duty in the House — 

2 d When the House adjourns each Member shall keep his 
place until the Speaker goes out and then the Members shall 
follow — 

3 d 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 th The Speaker shall rise to put a question but may state it 
sitting — 

5 th 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 th 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 th 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 th Whilst the Speaker is putting the question each Member 



46 NEW HAMPSHIRE EARLY STATE PAPERS. [_^19° 

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 th 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 — 

io* 1 ' 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 th 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 commit or amend it — And 
no new motion shall be admitted under colour of Amendment as 
a Substitute of the motion under debate — 

i2 Ul No member shall act as an advocate without leave obtained 
of the House for that purpose — 

13 th 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 th 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 th Before any Bill resolve or vote shall be sent up to the 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 th 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 provided 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 by a Member thereof and upon motion made 

* 14-9 * for that purpose — 

18 th 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 — 



I 79°] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 



47 



On Motion of M r 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 r Connor 


M r Plummer 


M'N Hoit 


Mr Kimball 


M r Blanchard 


M* Kelley 


Mr Dole 


M r Baker 


M r Toppan 


Mr Hale 


Mr Rand 


M r Burnam 


M r Brown 


M r Bedee 


Mr Allen 


M r Dame 


M r Eastman 








Nays. 


Nays. 


Nays. 


: Nays. 


M r Gains 


Mr Giles 


M r Gerrish 


Mr Grout 


M r Sherburne 


M r M°Millian 


Mr Flanders 


M r Holmes 


M r Wentworth 


M r Taylor 


M r Page 


M r Penniman 


M r Macgregore 


M r Emerson 


M r Shepherd 


M r Morse 


M r Weeks 


M r Warner 


M r Stiles 


Mr Stone 


M r M c Clarey 


Mr Parker 


M r Whitcomb 


M r Duncan 


M r Clough 


M r Barrett 


M r Gaskill 


M r Crawford 


M r Chamberlain 


M r Abbott 


M r Prescutt 


M r E Hoit 


Mr R Bartlett 


Mr Clark 


M r Temple 


M r Dow 


M r E Smith 


M r Cragin 


M r M Smith 


M r Tarlton 


M r Palmer 


Mr J Smith 


M r Wellman 


M r Young 


Mr Badger 


M r Wallace 


M r Lane 


M r Eames 



17 Yeas — 48 Nays — so it passed in the Negative 
Voted that M r Toppan, M r J Smith, M r Dow, M r E. Smith & 
M r Page with such of the Honb 1 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 r Holmes 

The Letter referred to is as follows (viz) 

Gentlemen of the Honb 1 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. t 1 ?^ 

adieu to all posts and Offices within the Same to entreat that you 
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 th day of June 
1790 — John Sullivan 

Voted that M r Sherburne, M r Badger & M r J Smith be a Com- 
mittee to agree with M r Hough to print three hundred copies of 
the Election Sermon this week deliver d by the Reverend M r 
Ogden — 

The Honb 1 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 1 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- 
ally Eligible to a seat in this House — 

Voted that M r J Smith, M r Page & M r Hoit with such of the 
Honb 1 Senate as they 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 r Gilman late Comptroller General — 

Sent up by M r M Smith 

The following vote came down from the Honb 1 Senate 

In Senate June 5 th 1790. The Honb 1 Senate proceeded to the 
choice of a President and the ballots being taken sorted and 
counted it appeared that the Honb 1 Josiah Bartlett Esq 1 " was 
elected to that Office — Sign d Joseph Pearson Secretary 

Voted that M r Macgregore, M r J Smith, M r Eastman M r Bar- 
rett & M r Page with such of the Honb 1 Senate as they may join 
be a Committee to notify his Excellency Josiah Bartlett Esq 1 " 
President elect of his appointment to that office — 

Sent up by M r Allen 

Voted that M r Gains, M r Sherburne, M r Hoit, M r Dow and M r 
Hale with such of the Honb 1 Senate as they may join be a Com- 
mittee to make such arrangements as they may think proper for 
the reception of his Excellency Josiah Bartlett Esq 1 " President 
Elect — Sent up by M r N Hoit 



1 790] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 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 1 " 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 may be offered for recording and to tile 
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 r Dole 

Voted that the Honb 1 John Calfe Esq 1 " be Clerk of this House 
in the room of William Plummer Esq 1 ' who has resigned — 
Adjourned to Monday next 3 o'Clock P. M — 

MONDAY June 7 th 1790. 

The House met according to adjournment 
The Honb 1 Senate and House being met in the Assembly 
Chamber — voted to adjourn the Elections until ten of Clock to 
morrow morning — 

* Voted that M r Dow, M 1 " Sherburne & M r Abbott with * 14-13 
such of the Honb 1 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 1 ' Morse 



50 NEW HAMPSHIRE EARLY STATE PAPERS. L 1 ?^ 

Voted that M r Gains, M r Hoit, M r Holmes M r Emerson & M r 
McClarey with such of the Honb 1 Senate as they may join be a 
Committee to consider of the propriety of receiving fees for Pe- 
titions and report thereon — Sent up by M r Dame 
Adjourned to 8 o'Clock to morrow morning — 

TUESDAY, June 8 th 1790. 

The House met according to adjournment 

Voted that M r Sherburne, M r Abbott, M r Dow, M r Page & M 1 " 
Plummer with such of the Honb 1 Senate as they may join be a 
Committee to inform his Excellency Josiah Bartlett Esq 1 " 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 r 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 1 Sanford Kingsbury Esq r is 
chosen a Senator and that they call a meeting for a Second 
choice — 

Voted that M 1 ' 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 necessaiy oaths 
(which were administered by the senior Senator) his Excellency 
and the honorable Senate withdrew.] 

Voted that M r Wentworth, M r Toppan, M r J Smith, M 1 ' Gains, 
& M r Macgregore with such of the Honb 1 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 r Penniman 

* 14-14 *The Honb 1 Senate and House being met in the Assem- 
bly Chamber according to adjournment to proceed to the 
Elections yet unfinished — 

Proceeded to the Election of Counsellors and the ballots bein<r 
taken the Honb 1 Christopher Toppan Joseph Badger Robert Wal- 
lace Lemuel Holmes & Jonathan Freeman Esquires were chosen — 



I 79°] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 5 1 

Proceeded to Elect a Secretary, and the ballots being taken the 
Honb 1 Joseph Pearson Esq r 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 unanimously chosen — 

Voted to adjourn the further Elections til to morrow at 4 o'Clock 
PM — 

Voted that M r Wentworth, M r Whitcomb and M r Hoit with 
such of the Honb 1 Senate as they may join be a Committee to con- 
sider of the Petition of Henry Sherburne and report thereon — 

Sent up by M r M c Millan 
Adjourned to 3 o'Clock P. M — 
Met accordingly 
Voted that M r Plummer, M r E Smith, M r J Smith M 1 Holmes 
& M r Dow with such of the Honb 1 Senate as they 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 r Whitcomb 
Voted that a further consideration of the Bill brought in by M 1 ' 
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 r Cragin 

The Committee on the Petition of Oliver Farwell and others 
reported as their Opinion that the prayer thereof be granted and 
that they have leave to bring in a Bill accordingly [Signed Ebenz r 
Webster for the Committee] — which report being read and con- 
sidered voted that it be received and Accepted — 

Sent up by M r Taylor 
Adjourned to 8 o'Clock to morrow morning 

WEDNESDAY June 9 th 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 that it be received and accepted — 

Sent up by M r Temple — 



52 NEW HAMPSHIRE EARLY STATE PAPERS. [l^ 

Voted that M r Abbot, M r Page and M r Young with such of the 
Honb 1 Senate as they may join be a Committee to consider of the 
Petition of William Simpson Esq 1 " and report thereon — 

Sent up by M 1 ' Dame 
Voted that 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 by M 1 Parker — 

Voted that M r Abbott, M r Macgregore, M r Hale, M r Page 
* 14-16 & M 1 Eames with such of the Honb 1 Senate as they *may 
join be a Committee to consider of the Petition of Sam- 
uel Lack! 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 1 ' Tarlton 
Voted that M 1 ' Barrett, M r Connor & M r Baker with such of the 
Honb 1 Senate as they may join be a Committee to consider of the 
Petition of Jonathan Bunker and report thereon — 

Sent up by M r Prescutt — 
Voted that M r Hoit, M r Dow, & M r Plummer with such of the 
Honb 1 Senate as they may join be a Committee to consider of the 
Petition respecting Starks & McMillans locations and report 
thereon— Sent up by M r M'Millan 

Voted that M r Holmes, M r Abbott, M r M Smith, M r Plummer 
& M r Macgregore with such of the Honb 1 Senate as they may 
join be a Committee to consider of the Petition of Sam 11 Davis and 
report thereon — Sent up by M r Morse — 

The Secretary came down with the following message from his 
Excellency the President — 

Gentlemen of the Honb 1 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 1 Office 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 experienced the candor and Indul- 
gence of my fellow Citizens that 1 cannot now entertain the 
Smallest doubt but that I shall have every Assistance in your 



I 79°] 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 my 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 partiality 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 w T ith 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 of 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 Country 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 prosperity — 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 
conveniently can be done — 



54 NEW HAMPSHIRE EARLY STATE PAPERS. t 1 ? ^ 

You will judge of the propriety of 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 my part 
to promote the welfare happiness and prosperity of our common 
Country 

Given at the Council Chamber at Concord the 9 th day of June 
Anno Domini 1790 Signed Josiah Bartlett 

Voted that M r Toppan, M r Sherburne, M r White M r J Smith & 
M r Stiles with such of the Honb 1 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 r Lane 

* 14-19 * Voted that M r Blanchard M r Connor & M r Bedee with 
such of the Honb 1 Senate as they may join be a Com- 
mittee to consider of the Petition of Joseph Kimball Esq 1 " and 
report thereon — Sent up by M r Lane 

Voted that M r Cragin, M r Emerson & M r Gerrish with such of 
the Honb 1 Senate as they may join be a Committee to consider of 
the Petition of William Lowell and report thereon — 

Sent up by M 1 Flanders 

The Committee on the Petition of James Sheafe Esq r and others 
Reported that an Act be passed giving leave for 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 x\ction 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 atlirmation 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 M r Emerson 



I 79°] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 55 

Adjourned to 3 o Clock P. M — 

Met accordingly 

Voted that M r Macgregore, M r Badger, M r Abbott, M r Holmes 

& M r Young with such of the Honb 1 Senate as they may join be 

a Committee to consider of the Petition of Ozias Silsby and report 

thereon — Sent up by M r Gaskill 

Voted that M r Plummer, M r E Smith & M r White * with * 14-20 
such of the Honb 1 Senate as they may join be a Com- 
mittee to inform William Gardner Esq 1 * 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 r Smith 

Agreably to the order of the day proceeded to a hearing on 
Petitions — 

After hearing and considering the Petition of Cyrus Baldwin 
Esq 1- voted that said Petition be dismissed — 

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 1 * Smith 

Adjourned to 8 oClock to morrow morning 

THURSDAY June io lh 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 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 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 r Allen 

Voted that M r Connor, M r Hale, M r Dole, [M r White and M r 
Whitcomb] with such of the Honb 1 Senate as they may join be a 
Committee to consider of the Petition of Maj 1 ' Jon a Cass and report 
thereon — Sent up by M r Weeks 

* Voted that M r Whitcomb, M r Stiles and M r Prescutt * 14-21 
with such of the Honb 1 Senate as they may join be a 
Committee to consider of a Letter from Honb 1 John Hubbard Esq r 
Judge of the Probate in County of Cheshire and report thereon — 

Sent up by M r Stiles 



56 NEW HAMPSHIRE EARLY STATE PAPERS. t 1 ^ 

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 d day of June 1789 — W^e 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 & fifty 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 r Young 

Voted that M 1 Toppan, M r Sherburne & M r Dow with such of 
the Honb 1 Senate as they may join be a Committee to consider of 
the Petition of Cap 1 Thomas Leavitt and report thereon — 

Sent up by M r Flanders 

Voted that M r Gains, M 1 ' Smith & M r Plummer with such of 
the Honb 1 Senate as they may join be a Committee to consider of 
the Petition of David Webster Esq 1 * and report thereon — 

Sent up by M 1 ' 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 1 ' voted that the prayer thereof be granted and that he have 
leave to bring in a Bill accordingly — Sent up by M r Young 

Voted that M r Dow, M r Emerson & M r Hoit with such of the 
Honb 1 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 r Young 

Upon reading and considering the Petition of Jacob Sheafe Esq 1 
and others Inhabitants of Portsmouth — Respecting John Samuel 
Sherburne Esqr 8 holding a Seat in the House of Representatives 
on Account of his being an Invalid Pensioner & Attorney to the 
[ nited States — 

Voted that the Petition be dismissed, on which vote the yeas and 
rays were called and are as follows (viz) 



I 79°J JOURNAL OF THE 


HOUSE OF REPRESENTATIVES. 


Yeas. 


Yeas. 


Yeas. 


Yeas. 


M r Gains 


M r Palmer 


M r Wallace 


M r Lane 


M r Wentworth 


Mr Hale 


M r Gerrish 


M r Grout 


M r Connor 


M r Badger 


M r Flanders 


M 1 * Holmes 


M r Macgregore 


M r Giles 


Mr Page 


M r Penniman 


M r Blanchard 


M r Bedee 


M r Shepherd 


M r Morse 


M r Weeks 


Mr N Hoit 


M r Stiles 


M r Stone 


M r Brown 


M r McMillan 


M r Whitcomb 


Mr Kimball 


M r White 


Mr Dole 


M r Gaskill 


M r Baker 


M r Eastman 


M r Emerson 


M r Prescutt , 


M r Burnham 


M r T Bartlett 


M r Warner 


M r Alexander 


M r Crawford 


M r McClarey 


M r Parker 


M r Temple 


M 1 ' Dow 


M r Clough 


M r Barrett 


M r M Smith 


M r Tarlton 


M r Chamberlain 


M 1 ' Abbott 


Mr Rand 


M r Dame 


M r R Bartlett 


Mr Clark 


Mr Allen 


M r Young 


Mr Kelley 


Mr Cragin 


M r Wellman 


M 1 * Eames 


M r E Smith 


M r J Smith 






* Nays. 


Nays. 


Nays. 


* 


M r Toppan 


M r Plummer 


M r Duncan 





57 



M" 2 3 



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 you very 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 11 Nath 11 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 1 John Sul- 
livan Esq 1 ' — Sent up by M r Gerrish 
Adjourned to 3 o'Clock P. M. — 
Met accordingly — 
Voted that M r Hoyt, M r Warner, M r Taylor M r Prescutt & M r 
Tarlton with such of the Honb 1 Senate as they may join be a Com- 



58 NEW HAMPSHIRE EARLY STATE PAPERS. [!79° 

mittee to consider of the Petition of the proprietors of Morristown 
and report thereon — Sent up by M r Clark — 

* 14-24 * Voted that M r Cragin, M r Emerson, M r Wellman M r 

Weeks & M r Penniman with such of the Honb 1 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 r Whitcomb 

Voted that M r Page M 1 ' R Bartlett & M r Kimball with such of 
the Honb 1 Senate as they may join be a Committee to consider of 
the Petition of Jonathan Wooley and report thereon — 

Sent up by M r Whitcomb 

Voted that the hearing on the Petition of the Honb 1 John Sulli- 
van Esq r 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 r Temple 

Voted that M r Crawford, M r Penniman & M r Holmes with such 
of the Honb 1 Senate as they may join be a Committee to consider 
of the Petition of Samuel Camfield and report thereon — 

Sent up by M r Holmes 

Voted that the hearing on the Petition of Joseph Kimball Esq 1 ' 
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 Plainlield 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 r Blan chard 

* 14-25 Voted that the Bond signed by the Treasurer, M 1 ' * Pea- 

body and M r Connor which the Committee have laid 
before this House be accepted as fully satisfactory to said House — 

Sent up by M r Blanchard 
Upon reading and considering the Petition of the Inhabitants 
of New London 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 Some 
one of the New I lampshire News papers 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 r Wellman 



I 79°] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 59 

Voted that M r Rand, M r Blanchard & M r Whitcomb with such 
of the Honb 1 Senate as they may join be a Committee to consider 
of the Accounts of Josiah Gilman Nath 11 Gilman & Nath 11 Parker 
Esquires and report thereon — Sent up by M r 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 r 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 r Smith 

The Speaker being absent motion was made for the choice of a 
Speaker Protempore and William Page Esq 1 ' was chosen for that 
purpose — 

Voted that M r Warner, M r Dole & M r Gibson with such of the 
Honb 1 Senate as they may join be a Committee to consider of the 
Petition of Elisabeth M c Clary and report thereon — 

Sent up by M r Tarlton 

The Committee on the Petition respecting Starks & f McMil- 
lans Locations reported that the Locations granted to Andrew 
M c Millan, 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- 



60 NEW HAMPSHIRE EARLY STATE PAPERS. C 1 ?^ 

ing State and all other Taxes and transact any other business in 
the Same manner that Towns and Parishes by 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 
* 14-27 have liberty to bring in a * Bill accordingly — which 

report being read & Considered voted that it be received 
and accepted — Sent up by M r Hoit 

Voted that M r Blanchard, M r Tarlton & M 1 ' Stiles with such of 
the Honb 1 Senate as they may join be a Committee to consider of 
the Petition of Moses Dow Esq 1 in behalf of the Town of Coventry 
and report thereon — Sent up by M r 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 r 
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 r Hoit 
Adjourned to 9 oClock to morrow morning. 

FRIDAY June 11 th 1790 



The House met according to adjournment 
Voted that M 1 ' Toppan & M r Page with such of the Honb 1 
Senate as they may join be added to the Committee on the Peti- 
tion of Maj 1 Jonathan Cass — Sent up by M r Weeks. 

Voted that M r Dole & M r M'Clarey with such of the Honb 1 
Senate as they may join be added to the Committee on the Peti- 
tion of Josiah Sweat — Sent up by M r 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 r 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 hv received and accepted — Sent up by M r Fames 



1 790] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 6 1 

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 r 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 peculiarly 
happy to find you still so attentive to the Calls of your Country as 
to quit an honourable and lucrative Office to enter on the arduous 
duties of first Magistrate of this state 

From your 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- * 14-29 
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 off 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 may 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 approbation and are happy in assuring you that we 
hope soon to have the important object compleated — 



62 NEW HAMPSHIRE EARLY STATE PAPERS. [i^ '0,0 

All communications from your Excellency we shall receive with 
pleasure and chearfully 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 r Crawford — 
Agreably to the order of the day 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 r Grout 

Voted that M r Wellman, M r Page and M r Holmes with such of 
the Honb 1 Senate as they may join be a Committee to consider of 
the Petition of the Revr d Oliver Noble and report thereon — 

Sent up by M r Wellman 
The Committee on the Petition of Josiah Sweat and others 
reported that the prayer 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 r of Lempster and Timothy Taylor Esq r of Mer- 
rimac be a Committee for the purpose aforesaid — 

Sent up by M r Wellman 
Upon hearing and considering the Petition of John Young Esq 1 ' 
motion was made that the prayer thereof be granted and that he 
have leave to bring in a Bill accordingly, on which motion the 
yeas and nays were called and are as follows — viz — 

Yens. Yeas. Yeas. Yeas. 

M'Macgregore M 1 ' Clark Mr Temple Mr Kimball 

M r Eastman M r Wallace M* Rand M r Duncan 

M>- T Bartlett - M r Shepherd M r Wellman M' Baker 

M r Chamberlain M r Stiles M 1- Lane M r Burnam 

M r Palmer M r Whitcomb M'Penniman M r Dow 

M r Hale M'-Gaskill M r Morss M r Young 

Mr McMillan M* Alexander 



I 79°] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 63 

*Nays. Nays. Nays. Nays. * 14—31 

M r Wentworth M r Plummer M r Bedee M r Gerrish 

M r Connor M r R Bartlett Mr Emerson M r Allen 

M r Blanchard M r Gibson M r Parker M r Grout 

M r Weeks M r Kellie M r Barrett M r Stone 

M r Brown M r Badger Mr Abbott M r Crawford 

M r White M r Giles M r Cragin M r Dame 

26 Yeas — 24 Nays — so it passed in the Affirmative — 

Sent up by M r Gerrish — 

Voted that M r Sherburne, M r Penniman & M r Stiles with such 
of the Honb 1 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 r Flanders — 

Voted 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 sitting of said Court that any per- 
son or persons may then appear and shew cause why the prayer 
thereof mav not be granted — Sent up by M r Young 

Voted that M r Connor, M r Hoit M r Abbott, M r Shepherd and 
M r Dow, with such of the Honb 1 Senate as they may join be a 
Committee to consider of the Petition of Gen 1 James Reid and all 
other Invalids belonging to this state and report thereon — 

Sent up by M r Stiles 

Voted that M r Gibson, M r Barrett & M r M c Clarey with such of 
the Honb 1 Senate as they may join be a Committee to consider of 
the Petition of Gideon Tiffany and report thereon 

Sent up by M r Stiles — 

Voted that M 1 ' Sherburne, M 1 ' Stiles & M r Warner with such of 
the Honb 1 Senate as they may join be added to the Committee to 
consider what is the best method to be taken for chusing Repre- 
sentatives to Congress and report thereon — 

Sent up by M r Gaskill 

* Upon reading and considering the Petition 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 1 ' Lane 

Voted that M r Abbott, M 1 ' Gibson & M r White with such of the 
Honb 1 Senate as they may join be a Committee to consider of the 
Petition of Daniel Rindge Esq 1 ' & others and report thereon — 

Sent up by M 1 Kelley 



64 NEW HAMPSHIRE EARLY STATE PAPERS. [!79° 

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 r Barrett & M r 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 Chesterfield Academy and others 
and that thev report thereon — Sent up by M r Stone 

Voted that M r Gains, M r Badger, M r [J.] Smith, M r Holmes 
and M r Eames with such of the Honb 1 Senate as they 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 r Bedee 

Voted that M 1 ' Flanders, M r Hoit & M 1 ' Parker with such of the 
Honb 1 Senate as they may join be a Committee to consider of the 
Petition of Maj r Joseph Kimball in behalf of the Selectmen of 
Plainfield and report thereon — Sent up by M r Alexander 

Voted that M r E Smith, M r McMillan & M r Cragin with such 
of the Honb 1 Senate as they may join be a Committee to consider 
of the Petition of Isaac Moore & report thereon — 

Sent up by M r Prescutt — 
* 14-33 *Adjourned to 8 oClock to morrow morning 

SATURDAY June 12 th 1790. 

The House met according to adjournment 
The Committee on the Letter received from the Honb 1 John 
Hubbard Esq 1 ' 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 r Stiles — 

Voted that the hearing on the Petition from the Towns of 
Wendall, Lempster, Unity, Newport & Fishersrield which was to 
have been this Session of the General Court be postponed to the 
Second Thursday of the next Session and that Cap 1 Jeremiah 
Stiles of Keene, Lemuel Holmes of Surrey & Maj 1 ' 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 



I 79°] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 65 

the Several Towns to attend them at the time and place of their 
meeting — Sent up by M r Stiles — 

Voted that M r Taylor, M r Abbott, M r Badger, M r Shepherd & 
M r Wentworth with such of the Honb 1 Senate as they may join 
be a Committee to consider of the Petition of Maj 1 ' Jonathan Cass 
report thereon — Sent up by M r M c 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 r Stiles 

The Committee appointed in January last to view the lines 
between the Revr d M r Barnard's & the Revr d M r 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. \_T-l9 

all the lots South and east of the above described lines to the Revr 1 ' 
M r Barnards Parish in said Amherst 

Concord June 10 th 1790 — Sign' 1 Cyrus Baldwin for the Com tet ' 
which report being read and considered voted that it be received 
and accepted and that they have leave to bring in a Bill accord- 
m &b T — Sent up by M r 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 1 ' Holmes & M r 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 r Holmes & M r Alexander 
Adjourned to Monday next at 3 oClock P. M. 

MONDAY June 14 th 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 Court on y° 2 d 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 Successively prior to the Sitting 
of said Court in one of the New Hampshire News papers 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 r 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 r Stiles 



179°] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 



6 7 



Voted that M r Badger, M r Gains, & M r Allen with such of the 
Honb 1 Senate as they may join be a Committee to consider of the 
Petition of the Selectmen of Wendall & report thereon — 

Sent up by M r 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 may then 
appear and shew cause why the prayer thereof may not be 
granted — Sent up by M r Young 

The Committee on the Petition of Elisabeth M c Clarey reported 
that the Petitioner be heard thereon before the General Court on 
Some 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. 


M r Blanchard 


M r Warner 


Mr Temple 


M 1 * Duncan 


M r Brown 


Mr Clark 


Mr M Smith 


M r Baker 


M r M c Clarey 


M r Wallace 


M r Rand 


M r Burnam 


M r Gibson 


M r Shepherd 


M r Wellman 


M r Dow 


Mr Kellie 


M r Stiles 


Mr Grout 


M r Crawford 


M r Palmer 


M r Whitcomb 


M r Penniman 


M r Young 


M r N Hoit 


M r Prescutt 


M r Morse 


M r Eames 


M r Copp 


M r Alexander 


Mr Kimball 


Mr Badger 


M r McMillan 








Nays. 


Nays. 


Nays. 


Nays. 


M r White 


M r E Smith 


M r Cragin 


M r Lane 


M r Eastman 


Mr Hale 


M r Gerrish 


M r Holmes 


M r Plummer 


M r Giles 


M r Page 


M r Stone 


M r Chamberlain 


Mr Barrett 


Mr Gaskill 


M r Dame 


Mr Bartlett 


M r Abbott 


Mr Allen 





33 Yeas — 19 Nays — So it was Accepted — 

Whereupon 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 Petitioner * cause * 14-37 
that Nathanael Gilman 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 he may then appear and Shew 
cause why the prayer thereof may not be granted and that the 



68 NEW HAMPSHIRE EARLY STATE PAPERS. \_T-l9° 

Execution against the Petitioner be stayed until the decision of 
the General Court — Sent up by M 1 ' 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 r 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 r Wentworth 

Upon reading and considering the Petition of William Burrows 
Jun 1 ' 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 Butterfield 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 may not 
be granted and that the Execution against said burrows be stayed 
until the decision of the General Court — 

Sent up bv M r Burnam 

Voted that M r Giles, M r Plummer, M r Barrett," M r Dow & M r 
Duncan with Such of the Honb 1 Senate as they may join be a 
Committee to take under consideration a letter from M 1 ' Thomas 
Odiorne to the Honb 1 the Speaker of this House and report 

thereon — Sent up bv M r Giles — 

* 14-38 * Voted that M r Sherburne, M r Barrett^ M 1 ' White M r 
Eames & M r Whitcomb, with such of the Honb 1 Senate 
as they may join be a Committee to draught a Bill for establish- 
ing permanent and Honb 1 Salaries for the Honb 1 Justices of the 
Superior Court of Judicature for this State and lay the Same 
before this House — Sent up by M r Gerrish 

Voted that M r Sherburne, M r Copp, M r J Smith, M r Page & 
M r Dow with such of the Honb 1 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 1 Senate & 
House of Representatives & their Officers for travel & attendance 
at the present Session and report thereon — 

Sent up by M r Wallace 



I 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 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 r Crawford 

Voted that M r Gibson, M r Barrett & M r Gaskill with such of 
the Honb 1 Senate as they may join be a Committee to consider of 
the Petition of James Houston and report thereon — 

Sent up by M r 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 M r Stone 

Voted that M r Plummer, M r Hoit & M r Flanders with such of 
the Honb 1 Senate as they may join be a Committee to consider of 
the Petition of William Hastings and report thereon — 

Sent up by M r Dole 

Voted that M r White M r Hoit, M r Cragin, M r Page and M r 
Baker with such of the Honb 1 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 1 ' Burnam 

Voted that Jonathan Lock be allowed eighteen shillings in full 
for his Account for going to Nottingham to Notify Gen 1 Cilley of 
his Appointment and that the President give order accordingly — 

Sent up by M r 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 M r Tarlton 
Adjourned to 8 oClock to morrow morning 

TUESDAY June 15 th 1790. 

The House met according to adjournment 
The Committee on the Petition of Maj r Jonathan Cass reported 
that the Treasurer be directed to receive of Maj r Jonathan Cass 



7 o 



NEW HAMPSHIRE EARLY STATE PAPERS. 



[I790 



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 r 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 r Flanders & M r Dame 

An Act to enable the Inhabitants of the one Mileslip and 
Duxbury 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 r Flanders & M r Dame — 

The Committee to consider what 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. 

M r Warner 

M r Parker 

M r Barrett 

M r Abbott 

Mr J Smith 

Mr Wallace 



Nays. 
MM iains 
M r Sherburne 
M r Wentworth 
M r Connor 
M r Macgregore 
Mr Blanchard 

* 14-41 »M r Clark 

M r Cragin 

M r Gerrish 

22 Yeas 
mitted — 



Mr Page 
Mr Stiles 
M r Prescutt 
M r M Smith 
Mr Rand 
M r Allen 

Nays. 
M r Flanders 
M r Brown 
M r White 
M r Eastman 
M 1 ' I Mummer 
M* Bartlett 
M r M°Clarey 
M* Shepherd 
M 1- Whitcomb 
M r Alexander 



Mr Wellman 
M r Lane 
AI r Grout 
M r Holmes 
M r Penniman 

Nays. 
M 1 ' Temple 
M r Chamberlain 
Mr R Bartlett 
M r Gibson 
Mr Kellie 
M r E Smith 
M r Palmer 
M 1 ' Mores 
M r Duncan 
M r Burnam 



Mr Stone 
M r Baker 
Mr Dow 
M r Tarlton 
M r Dame 

Nays. 
M r Crawford 
M r Badger 
Mr Giles 
Mr Hoit 
Mr Copp 
Mr McMillan 
M r Emerson 
Mr E Hoit 
M r Young 
Mr Eames 



39 Nays — So it was not accepted but was recom- 



179°] 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 Herri man 
Esq r & others and the Petition of Charles Johnston Esq 1 ' 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 r 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 r Wentworth 

Voted that M r Wallace, M r Dole & M r Abbott with such of the 
Honb 1 Senate as they may join be a Committee to consider of the 
Petition of Job Dow Esq r and report thereon — 

Sent up by M r Temple 
Voted that M r Sherburne, M r Gains & M r [N.] Hoit with Such 
of the Honb 1 Senate as they may join be a Committee to consider 
of the Petition of John Porter Esq 1 ' and report thereon — 

Sent up by M r Wentworth 
Upon hearing and considering the Petition of the Honb 1 John 
Sullivan Esq 1 ' 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. 


M r Wentworth 


M r Copp 


M r Shepherd 


M r Wellman 


M r Macgregore 


Mi- McMillan 


M r Stiles 


M r Lane 


M r Bartlett 


Mr Dole 


M r Whitcomb 


M r Holmes 


M r M c Clarey 


M r Warner 


M T Gaskill 


M r Stone 


M r Chamberlain 


M r Barrett 


M r Prescutt 


M r Burnam 


M r R Bartlett 


M r Clark 


M r Temple 


M r Dow 


M r Palmer 


M r Wallace 


M r M Smith 


M r Tarlton 


M r Badger 


Mr Flanders 


M r Rand 


M r Young 


Mr N Hoit 








Nays. 


Nays. 


Nays. 


Nays. 


M r Gains 


M r Brown 


M r Gibson 


Mr Giles 


M r Connor 


Mr White 


M r Kellie 


M r Emerson 


M r Blanchard 


M r Eastman 


M r E Smith 


M r Abbott 


M r Toppan 


M r Plummer 


M r Hale 


M r Cragin 



72 NEW HAMPSHIRE EARLY STATE PAPERS. C 1 ?^ 



Nays. 


Nays. 


Nays. 


Nays. 


M r Gerrish 


M r Grout 


M r Duncan 


M'- E Hoit 


M r Page 


M r Penniman 


Ap- Baker 


M r Dame 


M r Alexander 


M r Morse 


M r Crawford 


M r Eames 


M' 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 1 " Copp — 

Upon hearing and considering the Petition of the Select men of 
New Chester and Bridgewater 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 r Holmes 

Upon hearing and considering the Petition of the Select men of 
Warren voted 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 ^ r Acre for one year on the Lots of the Non-resi- 
dents which are now laid out — Sent up by M r Holmes — 

Upon hearing and considering the Petition of Joseph Blake 
voted that the prayer thereof be granted and that he have leave 
to bring in a Bill accordingly Sent up by M r Holmes 

Upon hearing and considering the Petition of the Select men of 
Wentworth voted that the prayer thereof be granted and that they 
have leave to bring in a Bill accordingly — 

Sent up by M r Dame 
* 14-43 * Upon hearing and considering the Petition of Col 
Ebenz 1 ' Brewster voted 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 r Holmes 

Upon hearing and considering the Petition of the Select men of 
Protectworth 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 two pence ^' Acre on all the land in said Town for one 
year — Sent up by M r Duncan 

Voted' that the hearings on the Petition of the Select men of 
Alstead, the Petition of Jonathan Blake Esq 1 ' and the Petition 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 notice be 
given agreably to the former order three weeks prior to the Next 
Session of said General Court — Sent up by M r Duncan 

Voted that the remainder of the hearings which were to have 
been this day before the General Court be postponed until to- 



I 79°] 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 r Duncan 

Adjourned to 8 oClock to morrow morning 

WEDNESDAY June 16 th 1790. 

The House met according to adjournment 
Voted that M 1 ' Dow, M r Penniman, & M r Gibson with such of 
the Honb 1 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 r 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 & that he have leave to bring in a Bill accordingly — 

Sent up by M r Young 

* Voted that M r Burnam, M r Barrett M r White M r * 14-44 
Toppan & M r Macgregore with such of the Honb 1 Sen- 
ate as they may join be a Committee to consider of the proposals 
made by William Page Esq 1 ' for a tract of Land also consider of 
the propriety of disposing of the unlocated Lands in the North- 
erly part of this State and report thereon — 

Sent up by M r Parker 

Upon reading and considering the Petition of the Inhabitants of 
Chester praying that the time of holding their Annual meeting 
may be altered voted that the prayer thereof be granted and that 
they have leave to bring in a Bill or Resolve accordingly — 

Sent up by M r 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 r JVLMillan & M r 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 M r 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 EARLY STATE PAPERS. 



[I790 



Yeas. 
M r Gains 
M* Wentworth 

M r Connor 
M r Top pan 
AI r lirown 
AP' White 
M r Eastman 
A I 1 ' I Mummer 
Al r Gibson 

* 14-45 *Nays. 
AI r Macgregore 
M>- Blanchard 
Air T Bartlett 
M r M c Clarey 
AI r Chamberlain 
All" r Bartlett 
Al r Palmer 



Yeas. 
M* Kellie 
AI r E Smith 
Mr Hale 
M r Giles 
AM- McMillan 
M r Parker 
M r Barrett 
AI r Cragin 

Nays. 
M r Badger 
Mr N Hoit 
M r Copp 
M r Taylor 
M 1 ' Emerson 
M r Warner 
M r Clark 



Yeas. 
AI r Gerrish 
Air p a ge 
M* Shepherd 
Mr Stiles 
AI r Whitcomb 
M r Alexander 
M r Allen 
AI r Grout 

Nays. 
AI r Prescutt 
AP AI Smith 
AP- Rand 
M r Wellman 
AP Lane 
AI r Stone 
Mr Kimball 



Yeas. 
M r Holmes 
M r Penniman 
M r Morss 
M r Duncan 
Air Baker 
Mr E Hoit 
M r Dame 
M r Eames — 

Nays. 
M r Burnam 
M r Crawford 
AP' Payne 
M r Dow 
Mr Tarlton 
M r Young 



33 Yeas — 27 Nays — so it was dismissed — 
Voted that M r Hoyt, M r Cragin & M r Payne with such of the 
Honb 1 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 r Giles 

Voted that the account of Cap 11 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 r 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 they have) why the 
prayer thereof may not be granted — Sent up by M r 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 M 1 ' 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 r 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 r Cragin 

Voted that M r Badger, M r Payne, & M r Gibson with such of the 
Honb 1 Senate as they may join be a Committee to consider of the 
Petition of Maj r William Boynton & report thereon — 

Sent up by M r Bartlett 

Voted that the hearing on the Petition of Joseph Hicks Esq 1 " 
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 by M r Temple 

Voted that M r White M r E Smith, M r Barrett, M r Page & M r 
Eames with such of the Honb 1 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 M r M c Clarey 

Voted that M r Plummer, M r N : Hoit, M r J Smith M r Page & M r 
Dow with such of the Honb 1 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 r Duncan 

Voted that M r Macgregore, M r [E.] Smith, M r Barrett M 1 ' Pen- 
niman & M r Dow with such of the Honb 1 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 M r 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 r 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 



76 NEW HAMPSHIRE EARLY STATE PAPERS. [_T-l9° 

mode to that pursued by the Act for carrying into effect an 
Ordnance of Congress of the 13 11 ' 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 1 ' Plummer M r Toppan & M r E Smith with 
such of the Honb 1 Senate as they may join be a Committee to 
draught a Bill for that purpose and lay the Same before this 
House — Sent up by M 1 ' Copp — 

Whereas Woodbury Langdon Esq r one of the Justices 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 at Charlestown in the County 
of Cheshire on the third Tuesday of May last and at Plymouth 
on the fourth Tuesday 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 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 Tuesday 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 r 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 


M r Page 


Mr Allen 


Mr Kimball 


M r M'.Millan 


AI'- Shepherd 


M r Lane 


M r Crawford 


M r Dole 


Mr Stiles 


M r Grout 


M r Tarlton 


M r Warner 


M"- Gaskill 


M r Penniman 


M r Duncan 


Mr Wallace 


M r Temple 







I 79°] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 



77 



Nays. Nays. Nays. Nays. 

M r Gains M r Chamberlain M r Parker M r M Smith 

M r Sherburne Mr R Bartlett M r Barrett M r Rand 

M r Wentworth M^ Gibson Mr Abbott M r Wellman 

M r Connor M' Kellie Mr Clark Mr Morse 

M r Macgregore M r E Smith Mr Cragin M r Stone 

M r Blanchard Mr Palmer M r J Smith Mr Duncan 

M r Brown M r Giles Mr Gerrish M r Baker 

M r White M r N Hoit M r Flanders M r Burnam 

M r Eastman M r Copp M r Whitcomb M r E Hoit 

M r Plummer M r Taylor M r Prescutt M r Dow 

M r T Bartlett M r Emerson M r Alexander M r Young 
M r M c Clarey 

18 Yeas — 45 Nays — so it was rejected — 

* An Act to enable Jacob Burbank to sell certain Land * H-49 
of his Ward — was read a third time and passed to be 
enacted Sent up by M r Brown & M r Dole 

Voted that M r Gaskill, M r Grout, & M r Allen with such of the 
Honb 1 Senate as they may join be a Committee to consider of the 
Petition and Account of Moore Russell & Report thereon 

Sent up by M r Brown 
Voted that M r Gains, M r Hale & M r Toppan with such of the 
Honb 1 Senate as they may join be a Committee to consider of a 
Letter from the Treasurer to his Excellency the President & 
report thereon — Sent up by M r 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 w 7 ith advice of 
Council be desired to issue a Proclamation Seasonably for that 
purpose — Sent up by M r 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 why the prayer thereof may not be granted — 

Sent up by M 1 ' Emerson 

The following Resolve came down from the Honb 1 Senate for 
Concurrence — 

State of New Hamp 1 ' In Senate June 16 th 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. l, 1 !^ 

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 Security from him for 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 any Session Established 
by Law — Sent up by M r Emerson 

Adjourned to 8 oClock to morrow morning 

THURSDAY June 17 th 1790 

The House met according to adjournment 
Voted that M r Toppan, M r Kellie, M r Emerson, M r Duncan & 
M 1 ' Page [Payne] with such of the Honb 1 Senate as they may 
join be a Committee to consider of the Petition of Samuel Hobart 
Esq 1 * and report thereon — Sent up by M r 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 they have) why 
the prayer thereof may not be granted, and that the Extents 
against Coventry be stayed until a decision be had — 

Sent up by M r Dow — 

* 14-51 * Voted that M 1 ' Emerson, M r Warner & M 1 Whitcomb 

with such of the Honb 1 Senate as they may join be a 
Committee to consider the Petition of Col" Jonathan Wentworth 
and report thereon — Sent up by M r Alexander 

Voted that the Account of Jeremiah Eames Esq 1 ' be referred to 



1 790] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 



79 



the Committee on the Petition & Account of Moore Russell and 
report thereon — Sent up by M 1 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 Petitioners 
cause that James Adams & John Henry Heiner mentioned in said 
Petition be served with a Copy 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 may not be granted — Sent up by M 1 ' Gerrish 

An Act to vacate and annul a certain deed made by Joseph 
Blake to his Son Isaac Blake dated Jan 1 ' 3 d 1789 was read a third 
time and passed to be enacted — 

Sent up by M r Stiles & M r 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 r , 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 r Stiles & M r Shepherd 

Upon a Second reading of the title and preamble of a Bill for 
restoring the Honb 1 John Sullivan Esq 1 ' 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 follows (viz) 



Yeas. 
M r Wentworth 
M r Macgregore 
M r Blanchard 
M r T Bartlett 
Mr M c Clarey 
M r Chamberlain 
M r R Bartlett 
M r Palmer 
Mr Badger 



Yeas. 
Mr N Hoit 
Mr Copp 
M r M c Millan 
M r Taylor 
Mr Dole 
M r Warner 
M r Barrett 
Mr Clark 
M r Wallace 



Yeas. 
M r Flanders 
M r Page 
M r Stiles 
M r Whitcomb 
Mr Gaskill 
M r Prescutt 
M r Temple 
Mr M Smith 
M r Rand 



Yeas. 
M r Wellman 
M r Lane 
M r Holmes 
M r Stone 
M r Bur nam 
M r Dow 
M r Tarlton 



8o 



NEW HAMPSHIRE EARLY STATE PAPERS. 



[I790 



Nays. Nays. Nays. Nays. 

M> Gains M r Kellie M* Gerrish M r Kimball 

M r Connor AI r E Smith M r Shepherd M r Duncan 

M r Toppan M r Hale M r Alexander M r Baker 

M r Brown M r Giles M r Allen M r Crawford 

M r White M r Emerson M r Grout M r E Hoit 

M r Eastman M r Abbott M r Penniman M r Dame 

M* Plummer M r Cragin M r Morse M r Eames 
M r 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 Esq 1 ' 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 r Gibson & M r Gaskill 

Voted that M r Wentworth, M r Badger & M r M c Clarey with 
such of the Honb 1 Senate as they may join be a Committee to con- 
sider of the Petition of Eliphalet Giddings Esq r & Nathanael 
Giddings and report thereon — Sent up by M 1 ' Temple 

Voted that M r Gains, M r Toppan & M r Wellman with such of 
the Honb 1 Senate as they may join be a Committee to consider of 
the Petition of Hanson Hight and report thereon — 

Sent up by M 1 ' Temple 
* 14-53 * Voted that M r Young, M r Hoit & M r Palmer with such 
of the Honb 1 Senate as they may join be a Committee to 
consider of the Petition of Smith Emerson & report thereon 

Sent up by M r Parker 

Voted that M r Dole, M r Taylor & M r Duncan with such of the 
Honb 1 Senate as they may join be a Committee to consider of the 
Petition of Thomas Cochran Jun r and report thereon 

Sent up by M r 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 — 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 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. 8l 

ers be appointed to view the Situation of the Petitioners and report 
thereon at the next Session and that Robert Wallace Esq 1 ' Daniel 
Emerson Esq r & M r Francis Cragin be the Committee — 

Sent up by M r 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 1 ' Chamberlain & M r Dame 

An Act to restore John Sullivan Esq r to his Law in an Action 
heretofore brought by him against said Ebenezer Thompson Jun r 
for Defamation and James Sullivan in an Action heretofore by 
him brought against said Ebenezer Thompson Jun 1 ' for assault and 
Battery and also to restore John Sullivan Jun r James Sullivan, 
George Sullivan Jonathan Steele & Micah Davis to their Law in 
an Action brought against them by the said Ebenezer Thompson 
Jun r for Assault and Battery and to set aside the Report of 
RefTerees and the Judgment of Court thereon in said Actions — 
was read a third time & passed to be Enacted — 

Sent up by M r Warner & M r Young 

* Whereas Woodbury Langdon Esq r one of the Justices * I 4~54 
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 Tuesday 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 fourth 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 1 ' 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 



NEW HAMPSHIRE EARLY STATE PAPERS. 



[I790 



the prosecution in behalf of this House before th 
Upon reading the foregoing motion was made 
into a Resolve — on which motion the yeas & 
and were as follows (viz) — 



e Honb 1 Senate — 
that it be passed 
nays were called 



Yeas. 


Yeas. 


Yeas. 


Yeas. 


M r Macgregore 


M r Temple 


M r Grout 


M r Payne 


M r Blanchard 


M r T Bartlett 


M r Copp 


M r Warner 


M r Eastman 


Mr Palmer 


M r McMillan 


M r Flanders 


* 14-55 * Mr Shepherd 


Mr Hale 
Mr M Smith 


M r Dole 

M r Penniman 


M r Page 
M r Tarlton 


M r Stiles 


M r Rand 


M r Kimball 


M r Dame 


M* Gaskill 


M r Allen 


M r Duncan 


M r Young 


M r Prescutt 


M r Wellman 


M r Crawford 


M r Chamberlain 


M r Alexander 


M r Lane 


Mr Hoit 


M r R Bartlett 


Nays. 


Nays. 


Nays. 


Nays. 


Mr Gains 


M r Gibson 


Mr Parker 


M r Whitcomb 


M 1 * Sherburne 


Mr Kellie 


M r Barrett 


Mr Morse 


M r Wentworth 


Mr E Smith 


M 1 ' Abbott 


M r Stone 


M r Connor 


Mr Giles 


Mr Clark 


Mr Baker 


M r Brown 


M r N Hoit 


M r Cragin 


M 1 ' Bur nam 


M r White 


M r Taylor 


M r Jere Smith 


M r Dow 


M r Plummer 


M r Emerson 


M r Gerrish 


M r Eames — 


M r M^Clarey 









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 r Blanchard & M r 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 r Hoyt & M 1 ' Gerrish 

Voted that M r Taylor, M r Plummer & M r Abbott with such of 
the Honb 1 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 1 ' Blanchard 

Voted that the allowance to the members of the Honb 1 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 r Taylor 



1 790] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 



83 



Upon the report of the Committee for allowing four pence ^ r 
mile for Travel to and from the General Court, the yeas & nays 
were called and are as follows (viz) — 

14-56 



* Yeas. 


Yeas. 


Yeas. 


Yeas. * 


M r Connor 


Mr Taylor 


M r Shepherd 


Mr Grout 


M r Macgregore 


Mr Dole 


M r Stiles 


Mr Penniman 


M r Blanchard 


M r Emerson 


M r Whitcomb 


Mr Morse 


M r Plummer 


M r Warner 


Mr Gaskill 


Mr Stone 


M r T Bartlett 


M r Parker 


M r Prescutt 


Mr Kimball 


M r Chamberlain 


M r Barrett 


M r Alexander 


Mr Baker 


Mr Kellie 


M r Clark 


M r Temple 


Mr Burnam 


M r E Smith 


M r Cragin 


M r M Smith 


Mr Crawford 


M r Palmer 


M r J Smith 


Mr Rand 


Mr E Hoit 


M r Hale 


M r Wallace 


M r Allen 


Mr Payne 


M r Copp 


M 1 ' Flanders 


M r Wellman 


Mr Dame 


M r M c Millan 


M r Page 


M r Lane 


M r Young 


Nays. 


Nays. 


Nays. 


Nays. 


M r Brown 


M r Eastman 


M r Gibson 


Mr Gerrish 


M r White 


M r R Bartlett 


Mr Giles 


Mr Duncan 



48 yeas — 8 Nays — So it passed in the Affirmative 
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 yeas and nays 
were called and are as follows 



Yeas. 
M r Blanchard 
M r Brown 
M r Eastman 
Mr R Bartlett 
M r Chamberlain 
M r Palmer 
Mr N Hoit 
Mr M c Millan 

Nays. 
M r Gains 
M 1 * Sherburne 
M r Wentworth 
M r Connor 
M r Macgregore 
M r White 
M r Plummer 
Mr T Bartlett 



Yeas. 
Mr Taylor 
M r Dole 
M r Clark 
M r Wallace 
M r Gerrish 
M r Flanders 
Mr Shepherd 
M r Prescutt 

Nays. 
M r M c Clarey 
M r Gibson 
Mr Kellie 
M r E Smith 
Mr Hale 
M r Giles 
Mr Copp 
M r Emerson 



Yeas. 
M r Allen 
M r Wellman 
M r Lane 
M r Grout 
M r Penniman 
M r Morse 
M r Stone 
Mr Kimball 

Nays. 
M r Warner 
M r Parker 
M r Barrett 
M r Abbott 
M r Smith 
M r Page 
M r Stiles 
M r Whitcomb 



Yeas. 
M r Duncan 
M r Baker 
M 1 ' Burnam 
M r Crawford 
Mr E Hoit 
M r Dow 
M r Dame 
M 1 " Young 

Nays. 
M r Gaskill 
M r Alexander 
M r Temple 
M r M Smith 
Mr Rand 
M r Payne 
M 1 ' Eames 



32 Yeas — 31 Nays 



■So it passed in the Affirmative 

Sent up by M r Lane 



84 NEW HAMPSHIRE EARLY STATE PAPERS. C 1 ?^ 

* 14-57 *An Act to enable James Macgregore Esq r to sell certain 

Lands — was read a third time and passed to be Enacted — 
Sent up by M r Taylor & M r 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' 1 
Rec' 1 & Accepted — Sent up by M r Taylor 

The Committee on the Account of Jeremiah Eames Esq 1 ' reported 
that he be paid one pound Seven shillings out of the Treasury in 
full for his account and that the President give order accordingly — 
which report being read & considered voted that it be received and 
Accepted — Sent up by M r Taylor 

Upon reading and considering the Petition of Maj 1 ' William 
Boynton and the Report of a Committee thereon 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 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 r Taylor 

Upon reading and considering the Petition of Thomas Cochran 
Jun 1 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 r Taylor 
Adjourned to 8 oClock to morrow morning 

* 14-58 * FRIDAY June 18 th 1790. 

The House met according to adjournment 
Voted that the account of Thomas Bartlett Esq 1 * amounting to 
thirty Shillings, The Account of Robert Wallace Esq 1 * amounting 
to forty shillings and the Account of Amos Shepherd Esq 1 * amount- 



I 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 r 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 r Allen 

Voted that the Honb 1 Speaker, M r Hale, M r Warner M r Penni- 
man & M r Young be a Committee to nominate three proper per- 
sons to draught Articles of Impeachment against the Honb 1 Wood- 
bury Langdon Esq r and prosecute the same before the Honb 1 
Senate — 

Voted that Supply Clap, Nathanael Gilman 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 r Kellie 

Upon reading and considering the Petition of Hanson Hight 
and the report of 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 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 r 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 r Kellie & M r Copp 

An Act in addition to and to alter an Act intitled an Act to set 
off and incorporate a number of Inhabitants living in the Northerly 
part of Amherst into a parish passed the 24 th day of January A 
D. 1789 was read a third time and passed to be Enacted — 

Sent up by M r Macgregore & M r Warner 

Voted that the Ballance of the iVccount 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 r 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 r Gains 



86 NEW HAMPSHIRE EARLY STATE PAPERS. L 1 ? ^ 

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 r Gains — 

Voted that William Page Esq 1 ' Edward S Livermore Esq 1 " and 
Jeremiah Smith Esq 1 ' be and they hereby are appointed a Commit- 
tee to draught Articles of Impeachment against the Honb 1 Wood- 
bury Langdon Esq 1 ' agreably to a Resolve of this House of 
Yesterday and lay the same before this House and also to prose- 
cute before the Honb 1 senate such impeachment as shall be ap- 
proved by this House — 

Upon reading and considering the Petition of Eliphalet Gid- 
dinge & Nathanael Giddinge Esqr s 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 Copy 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 1 ' Gains 

An Act to prevent the destruction of Salmon Shad and alewives 
in Merrimac River and for repealing all the Laws heretofore made 
for that purpose, was read a third time and passed to be Enacted. 

Sent up by M r Gains & M r M c Clarey 

Voted that the pay Roll of Cap t Titus Salter amounting to 
forty two pounds be allowed and paid out of the Treasury by 
order of the President — Sent up by M r Wallace 

The Committee on the printers accounts reported that John 
Melcher be allowed thirty pounds nine shillings, Henry Ranlett 
Six pounds Eighteen shillings and one penny, George Jerry 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 r Wellman 

Voted that the Treasurer be directed to receive a Certificate 
signed by David Morrill and Leavitt Clough selectmen 

* 14-61 of Canterbury December 18 th 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 th of Nov 1 ' 1787, re- 
specting killing wolves and legal defect notwithstanding — 

Sent up by M r M°Millan 

An Act to restore Jaasiel Herriman to his Law was read a third 
time and passed to be Enacted — 

Sent up by M r McMillan & M r Smith 

Voted that the Revr d 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 1 ' 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 r M c Millan & M r 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 r Emerson & M r 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 next Session of the General Court unless 
applied to by the Select men of any Town or place deficient — 

Sent up by M r Penniman 

Voted that the Travel Rolls for payment of the travel of the 
Members of the Honb 1 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 r 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 time and passed to be 
Enacted— Sent up by M r Gains & M r Badger 

Adjourned to 3 oClock P. M — 
Met accordingly 

The vote respecting the pay of the Travel of the Members of 
the Honb 1 Senate and House &c came down from the Honb 1 
Senate for the following amendment That the Senate and the 
Secretary be paid their wages out of the money in the Treasury 



88 NEW HAMPSHIRE EARLY STATE PAPERS. \_^19° 

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 pay in the Same manner — Sent up by M 1 ' 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 payment out of the Treasury from 
the revenue arising by Excise — Sent up by M r M c Clarey 

An Act to alter the time for holding the Superior Court of Judi- 
cature — was read a third time and passed to be Enacted — 

Sent up by M r Young & M r 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 1 ' Young 

Voted that M r M c Clarey, M 1 ' Sherburne & M r Wentworth with 
such of the Honb 1 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 1 ' Gardner retain the * chest in 
his hands until said Committee make report — 

Sent up by M r Alexander 

Voted that the Ballance of the Account of John Calfe Esq 1 
amounting to five pounds eighteen shillings and Six pence be 
allowed and paid by order of the President from the Revenue aris- 
ing from Excise — Sent up by M r Alexander 

Voted that M r 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 anyone of the 
aforesaid weeks — Sent up by M r Alexander 

Voted that Josiah Gilman Esq 1 ' 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 r Alexander 

Voted that Nathanael Parker Esq 1 " 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 1 ' Alexander 

[ Voted, That 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.] 

Voted that the Account of Josiah Nelson amounting to eight 



179°] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 



8 9 



pounds Six shillings and four pence be allowed and paid out of 
the Treasury by order of the President — 

Sent up by M r Alexander 
Voted that the Members of the Honb 1 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. 
M r Wentworth 
M r Blanchard 
M r White 
M r M c Clarey 
M r Chamberlain 
M r R Bartlett 
M r Kellie 

* Nays. 

M r Gains 
M r Sherburne 
M r Connor 
M r Macgregore 
M r Brown 
M r Eastman 
M r Plummer 
M r Gibson 



Yeas. 
M r Palmer 
Mr N Hoit 
M r Copp 
M r M c Millan 
Mr Taylor 
Mr Dole 
M r Clark 

Nays. 
Mr Hale 
M r Badger 
M r Giles 
M r Warner 
M r Barrett 
M r Wallace 
M r Gerrish 
M r Flanders 



Yeas. 
M r Cragin 
M r Shepherd 
M r Stiles 
M r Whitcomb 
M r Gaskill 
M r Temple 
M r Wellman 

Nays. 

M r Page 
M r Prescutt 
M r Alexander 
Mr M Smith 
M r Rand 
M r Allen 
M r Lane 



Yeas. 
M 1 ' Holmes 
M r Stone 
M r Duncan 
M r Baker 
M r Tarlton 
M r Young 
M r Eames 

Nays. * 

M r Grout 
M r Penniman 
M r Morse 
M r Burnam 
M r Crawford 
M r Payne 
Mr Dow 



14-64 



28 Yeas — 30 Nays — so it passed in the negative 
Ordered that M r Payne, M 1 ' Warner, M r Stiles, M r Kimball & 
M r Wallace be a Committee to carry up the following Articles of 
Impeachment to the Honb 1 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 1 ' 
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 ninety — 

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 



gO NEW HAMPSHIRE EARLY STATE PAPERS. l. 1 !^ 

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 impartially, 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 r hath wilfully 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 by 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 1 Senate against the said Woodbury Langdon Esq r 
Justice of the Superior Court as aforesaid all and Singular the 
general and Special articles of Impeachment following 

Firstly — The said Woodbury Langdon Esq 1 " hath from time to 
time corruptly and wilfully 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 r did not attend his 
duty as a Justice of said Court at the Superior Court by Law 
holden at Amherst within and for said County of Hillsborough on 
the Second Tuesday of May 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 Woodbury Langdon Esq 1 ' 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 — 



I 79°] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 91 

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 1 Senate 
aforesaid any complaints or allegations against the said Woodbury 
Langdon Esq 1 ' for any 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 r shall make to the Articles 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 1 Senate would order that the said Woodbury Langdon Esq r 
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 may by the judgment of the Honb 1 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 th 1790. 

The House met according to adjournment 
Resolved that Supply Clap Nathanael Gilman and Nathanael 
Rogers Esquires be a Committee to receive from Josiah Gilman 
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 consulting the President of the State shall 
adjudge properly belong to the Comptroller Generals office they 
deliver over to James Macgregore Esq 1 ' present Comptroller of 
Accounts taking his receipt for 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 Gilman in the 
Secretary s Office or elsewhere as they may judge proper till the 
further order of the General Court and make report at the next 
Session — Sent up by M r Grout 

Voted that the Account of George Hough amounting to thir- 
teen pounds Sixteen shillings be allowed and paid out of the 



92 NEW HAMPSHIRE EARLY STATE PAPERS. [ J 790 

Treasury by order of the President from the Revenue arising by 
excise — Sent up by M r Grout 

Voted 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 r Grout 

Voted that such part of the Letter from Thomas Odiorne Esq 1 ' 
to the Speaker of the House of Representatives as respects the 
Sums which he paid to John Taylor Gilman Esq 1 ' late Treasurer 
as reported by 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 r Shepherd 

Voted that Nathanael Parker Esq 1- of Exeter be and he hereby 
is appointed receiver of Nonresident Taxes for this state — 

Sent up by M 1 ' Shepherd 
Voted that the Honb 1 Senate and House of Repre- 
* 14-68 sentatives and the Honb 1 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 r 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 r Temple 

Voted that M r J Smith, M r Sherburne, & M r Macgregore with 
such of the Honb 1 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 r 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 1 ' 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 1 ' 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 r Tarlton 



1 79°] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 93 

Voted 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 by M r Wentworth 

Voted that the Account of Peter Green, [Nathaniel Rogers] 
Nathan Hoit and Michael M c Clarey Esqr s amounting to One pound 
ten shillings be allowed and paid out of the Treasury bv order of 
the President — Sent up by M r 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 r 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 r E Smith 

The Honb 1 Senate gave information that the trial on the impeach- 
ment of the Honb 1 Woodbury Langdon Esq 1 * will be at Exeter on 
Wednesday the twenty eighth day of July next at 9 oClock in the 
forenoon — Whereupon voted that M r Page, M r Livermore and 
M r Smith the Committee appointed yesterday be requested to 
attend on said day 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 Contrary notwithstanding excepting only that this 
Resolve shall not effect or alter the force of any vote or Resolve 
for staying extents in particular cases — Sent up by M r 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 



CONTAINING THE PROCEED! 



FROM JANUARY 5 TO FEBRUARY 18, 1791 



STATE OF NEW HAMPSHIRE, 



*At a Session of the General Court holden at Concord * 3—47 ^ 
on Wednesday Jan y 5 — 1791 agreeably to Adjournment 

Present in Senate 

His Excellency Josiah Bartlett Esq President — The Hon. Eben 1 * 
Smith [S S.] Nath 1 Peabody Peter Green Joseph Cilley John 
Waldron Eben 1 ' 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 

TPIURSDAY Jan y 6 th 1791 

Met according to Adjournment 

Present as yesterday with the addition of the Hon Nath Rogers 

A vote for a Com toe to join a Com tee 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 r Peabody, M r Green, & M 1 ' Cilley 
joined — 

A vote for a Com tte to join a Com tee of the Senate to consider 
the petition of Rob* Parker & report thereon was brot up read & 
^concurred M r Cilley & M r Peabody joind 

A vote for a Com tec to join a Com tee of the Senate to consider of 
the Pet 11 of Esther Holland & report thereon was brot up read & 
concurred M r Shephard joined — 

A vote for a Com tee to join a Com tee of the Senate to take under 
consideration the laws relative to excise was brot up read & con- 
curred M r Smith & M r Rogers joined 

A vote for a Com tee to join a Com tee of the Senate to consider of 
a petition from Peterborough Slip, was bro* up read and concurred 
M r Kingsbury & M r Webster joined 

Adjd till tomorrow morning 9 oClock 



98 NEW HAMPSHIRE EARLY STATE PAPERS. [ I 79 I 

* 3-476 * FRIDAY Jan y 7 th 1791 — 

Met according to Adjournment 
Present as yesterday. 

A vote directing the Treas 1 ' 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 h Certifi- 
cate is dated Aug 13 th 1785 was brot up read & concurred 

A vote for a Com tl ' to join a Com 1 "' of the Senate to consider of 
the pet 11 of Geo Hall & report thereon was bro* up read & con- 
curred M r Green & M r Webster jd 

A vote for a Com tee to join a Com 1 "' of the Senate to take under 
consideration the cession of the Light House to the United States 
was bro* up read & concurred, M r Peabody M r Smith & M r Rogers 
joined — 

A vote to pay the Acc° of E Hartwell for the Tuition &c of J 1 
Bowers amo 1 to 18s was bro 1 up read & concurred 

A vote to pay the Acc° of D Hills [Hill] for board of J Bowers 
amo tg to 4-£ & 9' 1 was bro 1 up read & concurred — 

A vote for a Com 1<0 to join a Com toc of the Senate to consider of 
the propriety of establishing Post Roads & post riders &c was bro 1 
up read & concurred M r Shepard M 1 ' Rogers M r Cilley & M r 
Smith joined 

A vote referring the estimate of Col Clap to the Com 1 " on the 
propriety of ceeding the Light House to the U S was bro 1 up read 
and concurred — 

A vote for a Com 11 ' to join a Corn 100 of the Senate to consider of 
the pet of J Wendell Esq was brot up read & concurred M 1 ' Smith 
& M r Rogers joined — 

A vote for a Com 1 "' to join a Com 1 "' of the Senate to consider of 
some more easy & less expensive mode of hearing &c petitions: 
was bro 1 up read & concurred M 1 ' Peabody M r Cilley & M 1 " Green 
joined 

A vote for a Com 1 "' to join a Com 1 " of the Senate to consider 
What shall be done with the money now in the Treas 1 ' &c was 
bro 1 up read & concurred M r Shepard M r Peabody M 1 ' Wallace!; 
[M 1 ' Cilley] joined — 

A vote for a Com 1 "' to join a Com 1 "' of the Senate to consider of] 
a Letter from the State of Virginia was bro 1 up read & conc cl M'j 
Peabody & M r Cilley joined — 

* 3 _ 477 * A Resolve that the Treas 1 ' be directed to procure a suit-. 



I79 1 ] JOURNAL OF THE SENATE. 99 

able Chest for the use of the Treasury as soon as possible may be 
— was brot up read & concurred. 

A vote for a Com tee to join a Com tee of the Senate to consider in 
what manner the Arrears to Invalids shall be paid was brot up 
read & concurred M r Smith M r Webster & M r Shepard jd 

A vote for a Com tee to join a Com tee of the Senate to prepare a 
Resolve expressing the thanks of the Gen 1 Court to the Town of 
Concord for the offer made by the Selectmen in behalf of the 
Town of the building lately by them erected for public use was 
bro* up read & concurred M r Peabody joined — 

A vote granting the prayer of the pet 11 of the Selectmen of 
Rindge & giving them leave to bring in a bill accordingly was 
brot up read & concurred — 

A vote for a Com tee to join a Com toe of the Senate to consider 
of the pet n of Jacob Green & Enoch Noyes was brot up read & 
concurred M r Peabody & M r Cilley joined — 

Adjourned till tomorrow morning 9 oClock 

SATURDAY, Jan^ 8 1791 

Met according to adjournment 

Present as yesterday with the adt n of Hon Jon a Freeman 

A vote to hear the petition of the Selectmen of Cockermouth 
on the second Tuesday of their next Session was bro fc up read & 
concurred. 

A vote granting the prayer of the pet 11 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 d limits was brot up read & concurred 

A vote to pay the Acc° 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 acc° of Col M c Clary amounting to £1.. 12.. 8 
for time & expences to Portsm to enquire into the matter respect- 
ing an Iron Chest was bro 1 up read & concurred 

A vote that the Com tee 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 tee to join a Com tee of the Senate to * 3-478 
devise a mode for giving efficacy to y' part of the Con- 



IOO NEW HAMPSHIRE EARLY STATE PAPERS. [ I 79 I 

stitution which provides that permanent & honourabl Salaries be 
established by law for the Justices of the Sup 1 * Court was brot up 
read & concurred M r Peabody M r Freeman & M r Green joined — 
A vote for a Com tee to join a Com U( ' of the Senate to consider 
what method shall be taken to fill up the vacancey in the Senate 
was brot up read & concurred M r Peabody M r Waldron & M 1 ' 
Green joined 

Adjourned till Monday next 3 "Clock P M — 

MONDAY Jan y 10 — 1 791 

met according to Adjournment 
Present as on Saturday last. 

A vote for a Com tee to join a Com tee of the Senate to consider 
of the Acc° of Simeon Ladd & all similar matters & report thereon 
was bro* up read & concurred M r Smith & M r Cilley joined — 

A vote for a Com* 66 to join a Com tee of the Senate to consider of 
Judith Meloons pet — & report thereon was brot up read & con- 
curred M r Shepard joined — 

A vote for a Com tee to join a Com tee of the Senate to consider of 
the Printers Acc os was brot up read & concurred M r Smith & M 1 ' 
Cilley M r Rogers joined — 

A vote for a Com tee to join a Com tce of the Senate to consider 
of the pet 11 of the Selectmen of New Grantham was bro 1 up read 
& concurred M r Kingsbury joined 

A vote that the pet 11 of W Duncan & D Livermore b,e referred 
to the Com Ut ' on pet 11 of E Noyse & J Green was brot up read and 
concurred 

Adjd till tomorrow morn g 9 "Clock 

TUESDAY Jan^ ii 1791 

met according to adjm 1 
Present as yesterdav 

A vote granting the prayer of the pet 11 of the Selectmen of 
Peterbor" Slip & giving them leave to bring in a bill accord y was 
bro 1 up read & concurred 

A Resolve that the President give directions to the Coms y Gen 1 
of this State to deliver to the Order of Rufus Graves 130 stand of 
lire Anns with bayonets & 130 Cartouch boxes & belts lor the use 
of the Students of s d College ; The President of said College giv- 
ing bond to the said Corns-' Gen 1 in the sum of 30o£ for the pres- 
ervation of s d lire Arms &c & for their return when called for 
was bro 1 up read & concurred 



I79 1 ] JOURNAL OF THE SENATE. IOI 

* State of New Hampshire * 3-479 

In Senate January 11 th 1791 — 
Voted that M r Rogers & M r Freeman be a Com tee with such of 
the Hon ble 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 tee to join a Com teu of the Senate to consider 
of the Act of Congress of the 4 th of Aug last was bro* up read & 
concurred M r Peabody M r Freeman & M r Smith joined — 

A vote that the pet n of Benj Noyes be referred to the Comtee 
on the pet of Green & Noyes was brot up read & concurred 

A vote to pay the Acc° 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 join in conference with the Hon ble 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 te to join a Com tee of the Senate to take un- 
der consideration the petition of the Inhabitants of Unity was bro 1 
up read & concurred M r Shepard & M r Kingsbury j d 
Adj d till tomorrow morning 9 °Clock 

WEDNESDAY Jan y 12 th 1791 

Met according to adjournmen 
Present as yesterday 
A vote to accept a report of a Com te that it is not expedient to 
take a fee of 6/ on every private petition & that a Resolve pass 
accordingly was bro 1 up read & concurred 

*A vote that a Com tee be added to the Com tee on the * 3-480 
pet n of J. Green & E. Noyes & that the pet 11 of John 



102 NEW HAMPSHIRE EARLY STATE PAPERS. [ I 79 I 

Bryant & Rich' 1 Bartlett Esq 1 '" be referred to s (1 Com u ' e was brot up 
read & concurred M 1 ' Webster joined — 

A vote for a Com toe to join a Com Ue of the Senate to consider 
of the pet n of Jabez Shaply was brot up read & concurred M r 
Green & M r Freeman jd 

A vote for a Com u ' L ' to join a Com t(e of the Senate to consider of 
the petn of the Selectmen of Orange was brot up read & coned 
M r Waldron jd 

A vote for a Com tot ' to join a Com tee of the Senate to consider 
of the pet of Joseph Dow of Hampton was brot up read and con- 
curred M r Kingsbury M r Cilley & M r Green jd 

A vote granting the prayer of the pet n of J Kimball & giving 
him leave to bring in a bill accordingly was brot up read & con- 
curred 

A vote for a Com tee to join a Com tee of the Senate to consider- 
of the pet 11 of Benj Heath was bro* up read & concurred M r Cilley 
& M r Smith joined 

A vote for a Com tee to join a Com tee of the Senate to consider of 
the pet of T Bond &c was bro 1 up read & concurred M r Rogers jd 

A vote for a Com tee to join a Com tee of the Senate to consider of 
the pet 11 of John Goddard et alii was bro 1 up read & concurred M r 
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 th 1790 — having been read a third time voted that the same be 
enacted 

A vote for a Com tee to join a Com tee of the Senate to consider of 
[the petition of] Susannah Johnson & others was brot up read & 
concurred M r 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 tee to join a Com tee of the Senate to consider of 
An Act for taxing lands in the Towns of Littleton & Dalton was 
brot up read and concurred M r Smith jd 

A vote for a Com t,,( ' to join a Com te of the Senate to consider of 
the petition of Bradbury Cilley was brot up read & concurred M r 

Rogers M r Shepard & M r Freeman joind 
* 3-481 * A vote for a Com tee to join a Corn 11 ' of the Senate to 
consider of the petition of J [John] Wendall Esq was 
brot up read & concurred M r Green joined — 

Adjourned till to morrow morning 9 °Clock 



1791] JOURNAL OF THE SENATE. IO3 

THURSDAY Jan y 13 th 1791 

Met according to adjm 1 
present as yesterday — 

A vote for a Com tee to join a Com tee of the Senate to consider of 
the pet 11 of Benj a Stone was brot up read and concurred M r Shep- 
ard joined — 

A vote for a Com tee to join a Com tee of the Senate to consider of 
the petition of Rich d Sincler was brot up read & concurred M r 
Smith joind 

A vote to receive & accept the following report of a Com tee 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 office of Judge of Probate the Com tee further 
report as their opinion that the Hon John Pickering & Christ 
Toppan Esq rs 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 pet 11 of S Camfield & 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 te to consider of the 
propriety of continuing the Excise &c & that a bill or bills be'bro* 
in accordingly was bro* up read & concurred 

A vote to postpone the hearing of the pet 11 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 y £11.. 2 in full 
for rations due Capt Salter & C° to 1 Jan y 1790 & £2 2.. 8.. 2 to 
11 th March last was brot up read & concurred — 

A vote for a Com tee to join a Com te of the Senate to consider of 
a Letter from Joseph Whipple Esq was brot up read & concurred 
M r Smith & M r Freeman M r Peabody 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 



104 NEW HAMPSHIRE EARLY STATE PAPERS. [ I 79 I 

have the same power to settle the estate as she w d have had had she 
remaind a wid" & giving her leave to bring in a bill accd ly was 

brot up read & coned 
* 3-482 *A vote to hear the pet 11 of Rich' 1 Sincler [Jun r ] on the 
27 th of Jan v 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' 1 till to morrow morning 9 °Clock 

FRIDAY Jan* 14 th 1791 

Met according to Adjournment 
Present as yesterday 

A vote for a Corn 1 "' to join a Com tee of the Senate to consider on 
the pet" of J. Clifford & A Brainard was bro* up, read & concurred 
M 1 Webster joined 

A vote for a Com t0 ° to join a Com t(L ' of the Senate to consider of 
the pet 11 of Joseph Hussey was bro* up read & concurred M r Wal- 
dron joined — 

An Act to impower the Inhabitants of New Chester & Bridge- 
water in the County of Grafton, to levy a tax on all Lands (public 
lands excepted in s (l Towns for making & repairing the highways — 
having been read a third time voted that the same be enacted 

A vote that a Corn 11 ' be added to the Com te on the mode of hear- 
ing petitions was bro 1 up read & concurred 

The Senate agreeably to a vote of yesterday met with the Hon 
House of Rep in one room and by joint ballot proceeded to ballot 
for a Senator — the ballots being taken it appeared that the Hon 
Christ" Toppan Esq w r as 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 Pet 11 of Elis a M c 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 11 of G Tiffany until 
Tuesday next was brot up read and concurred. 

A vote to hear the Pet 11 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 11 of the Inhabitants of 
Wolf borough & giving them leave to bring in a bill accordingly 
was brot up read & concurred 

A vote to postpone the hearing of the pet 11 of the Town of Cov- 



I79 1 ] JOURNAL OF THE SENATE. IO5 

entry untill the third Wednesday of the next Session was brot up 
read and concurred 

A vote granting the prayer of the Pet 11 of W m Burroughs and 
giving him leave to bring in a bill accd ]y was brot up read and 
concurred 

*A vote to hear the pet 11 of Campbells Gore on the Sec- * 3-483 

ond Tuesday of the next Session was brot up read & 

concurred .,. , ..i, , nr > (1 , 

Adjourned till tomorrow morning 9 "Clock 

SATURDAY Jan y 15 th 1791 

met according to Adjournment 
Present as yesterday 

A vote so far 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 for a Com tee to join a Com te of the Senate to consider of 
the petition of the Trustees of Atkinson Academy was brot up 
read & concurred M 1 ' Shepard M r Green & M r Freeman joined 

A vote for a Com tee to join a Com tec of the Senate to consider of 
the petition of Love Runnels was bro 1 up read and concurred : 
[M r Green joined] 

A vote that the pet n of Joshua Bailey & others be referrd to the 
Com te on the pet 11 of the Trustees of Atkinson Academy was brot 
up read & concurred 

A vote for a Com tee to join a Com tL ' of the Senate to consider 
of the petitions of E Brown & J Willard was brot up read & con- 
curred M r Cilley & M 1 ' Rogers joined 

A vote that the pet 11 of the Trustees of New Ipswich Academy 
be referred to the Com te on the pet 11 of the Trustees of Atkinson 
was brot up read & concurred 

A vote for a Com tc to join a Com te of the Senate to consider of 
an Abstract from pay rolls &c was brot up read & conc d M r Pea- 
body & M r Rogers joined — 

Adjd till Monday next 3 °Clock P — M — 

MONDAY Jan y 17 1791 — 

Met according to Adjrm* 
Present as on Saturday last except M r Cilley 
A vote that the report of D r S Tenny & Doc tr W m Parker a 
Com tee to examine Invalids be referred to the Com tee on Arrears 
due to Invalids was bro* up read & concurred 



106 NEW HAMPSHIRE EARLY STATE PAPERS. [ I 79 I 

A vote granting the prayer of the pet 11 of the Selectmen of 
Orange & giving them leave to bring in a bill accordingly was 
brot up read & concurred 

A vote for a Com t( ' e to join a Com tec of the Senate to consider of 
the pet 11 of N Doyne was brot up read & concurred M r Green 
joined — 

A vote for a Com u ' e to join a Com tee of the Senate to consider of 
the pet 11 of T. Simpson was brot up read and concurred M r Freeman 

joined — 
* 3-484 *A vote for a Com tee to join a Com tce of the Senate to 
consider what method shall be taken for collecting the 
Excise was brot up read & concurred M r Peabody & M r Smith 
joined 

A vote for a com tee to join a Com tee of the Senate to consider of 
the pet 11 of Samuel Randell was brot up read and concurred M r 
Green joined — 

A vote to refer the pet 11 of Charletown to the Com tee on the 
pet 11 of the Trustees of Atkinson Academy was brot up read & 
concurred 

Adjd till tomorrow morning 9 °Clock 

TUESDAY Jan y 18 th 1791 

met according to adjournm 1 
Present as yesterday 

A vote to refer the pet 11 of Chesterfield to the Com tee on the 
pet 11 of the Trustees of Atkinson Academy was brot up read & 
concurred 

His Exc v laid before 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 1 up read & concurred. 

A vote for a Com tw to join a Corn' 1 ' of the Senate to consider of 
the petition of David Perkins was brot up read & concurred 
M r Wallace joined — 

A vote to refer the pet n of Philip Goss to the Com tee on the 
pet 11 of Brown & Willard was brot up read & concurred — 

A vote for a Com tee to join a Com tee of the Senate to consider of 
the pet 11 of Lemuel Parker was bro 1 up read & concurred M r Free- 
man joined — 

A vote that Joseph Whipple Esq have for his services as Impost 
Officer £135 ^ Annum & that he settle his Acc° with the Treas r 
accordingly was brot up read & concurred 



I79l] 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 prayer of the pet 11 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 d Town of two pence ^ Acre for the pur- 
pose of repairing the public roads in s d 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 tee to join a Com tee of the Senate to * 3-485 
consider of the pet 11 of D Webster Esq was brot up read 
& concurred M r Kingsbury & M r Webster joined — 

A vote to postpone the hearing on the pet 11 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 n of Eaton and Bur- 
ton until the second Tuesday of the next Session was bro 1 up read 
& concurred 

A vote to postpone the hearing on the petition of Eaton and 
Burton until Friday 21 of Jan y current was brot up read & con- 
curred 

A vote to postpone the hearing on the pet n of Lyman until 
Friday 21 Jan y current was brot up read and concurred 

A vote to postpone the hearing on the pet 11 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 d till tomorrow r morning 9 °Clock 

WEDNESDAY Jan y 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 



108 NEW HAMPSHIRE EARLY STATE PAPERS. [ I 79 I 

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 — 

A vote of yesterday postponing the hearings which were to have 
been on that day untill this day was bro 1 up read & concurred 

A vote granting the pra} 7 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 tee to join a Com te 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 r Peabody & M r Freeman joined — 

A vote granting the prayer of the pet 11 of John Goddard & 
others and giving them leave to bring in a bill accordingly was 

brot up read & 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 11 of Thomas Simpson on the second 
Tuesday of the next Session was brot up read & concurred 
Adj d till tomorrow morning 9 °Clock 

THURSDAY Jan y 20 1791 

met according to Adjm t 
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 1 ' 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 11 ' 1 ' to join a Cora tee of the Senate to take into 
consideration the present Judiciary System & report such altera- 
tions therein as they may think necessary &c w r as brot up read & 
concurred M 1 ' Cilley and M r Webster M r Peabody & M r 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 



I79 1 ] JOURNAL OF THE SENATE. IO9 

A vote to hear the pet n of Col. Webster on the third Wednesday 
of the next Session was brot up read & concurred 

A vote for a Com tee to join a Com tee of the Senate to consider 
of the Acc° of Ezekiel Dow was brot up read & concurred M r 
Shepard joined — 

A vote that the prayer of Jon a [John] Blake Esq for praying 
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 1 in 
accordingly was brot up read & concurred 

Adj d till tomorrow morning 9 °Clock 

FRIDAY Jan y 21, 1791 

met according to adjournnr 4 
Present as yesterday 

A vote for a Com tee to join a Com tee of the Senate to consider 
of the petn of W [William] Loudon was bro 15 up read & conc d M r 
Rogers join'd — 

A vote of yesterday to postpone the hearings which were to have 
been on that day to this day was bro fc up read & concurred 

*A vote to hear the pet n of Jon a Hoit on the third Wed- * 3-487 
nesday of the next Session was bro 1 up read and con- 
curred 

A vote granting the prayer of the pet 11 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 11 Pleas by law 
to be holden on the first Tuesday of February next to the fourth 
Tuesday of Feb y next then to be holden at s d Portsm — &c &c was 
bro* up read & concurred. 

A vote for a Com tee to join a Com tee of the Senate to consider 
of the pet" of S Dana & S Dole Esq 1 ' 8 was brot up read & concur- 
red M r Shepard M r Freeman & M r Green joined 

A vote to hear the pet 11 of A — Heyward [Heywood] Adm s 
[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 11 of D Perkins & alii and 
giving them leave to bring in a bill accordingly was bro* up read 
& concurred 

A vote for a Com tee to join a Com tee of the Senate to consider of 
the pet n of Doct 1 ' Smith was bro* up read & concd M r Green joined 



IIO NEW HAMPSHIRE EARLY STATE PAPERS. [ I 79 I 

A vote for a Com tee to join a Com tee of the Senate to consider 
of the pet 11 of J Orr — was brot up read and concurred M r Smith 
& M r Wallace joined — 

A vote granting the prayer of the pet 11 of W [William] Boyn- 
ton and giving him leave to bring in a bill accordingly was brot 
up read & concurred 

A vote granting the prayer of the pet n of the Selectmen of Als- 
tead & giving them leave to bring in a bill accd ly was bro* up read 
& concurred 

A vote to refer the Acc° of G [J.] Osborne to the Com tee on G 
Houghs Acc° was brot up read & concurred 

A vote for a Com tec to join a Com tee of the Senate to consider 
of the pet n of Mary Neal & John Neal was brot up read & con- 
curred M 1 ' Peabody joined — 

A vote granting the prayer of the Selectmen of Wendell and 
giving them leave to bring in a bill for raising a tax of one half 
penny for three years on each Acre of land in the Town of Wen- 
dell was bro 1 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 tee to join a Com tee of the Senate to 
consider of a Letter from Col Clap was brot up read 
& concurred M r Cilley joined — 

A vote to hear the pet 11 from Unity on the third Thursday of the 
next Session was brot up read & concurred 

A vote to postpone the Hearing of the pet n 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 & Count}' 
taxes assessed against s d 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 tee to join a Com tee of the Senate to consider 
of the Ace" of Daniel Putnam^was brot up read & coned M r 
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 



I79 1 ] JOURNAL OF THE SENATE. Ill 

SATURDAY Jan y 22, 1791 

Met according to adjournment 

Present as yesterday except S Kingsbury [and J. Freeman] 
Esq[uires] 

A vote to hear the pet 11 of the Selectmen of Orford on the third 
Wednesday of the next Session was bro r 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 in a bill accordingly was bro* up read and non-concurred 

A vote granting the prayer of the pet n of Tho s Wentworth & 
others and giving them leave to bring in a bill accordingly was 
bro* up read & so far concurred as that the pet rs 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 & impartial appraisement be sufficient to satisfy the s d execu- 
tion & legal costs on a levy to be served by the Sheriff or some 
deputy by him specially 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 d till monday morning next at 9 °Clock — 

* MONDAY Jan y 24 th 1791 * 3-489 

met according to adjrm t 

Present as on Saturday last with the addition of J [John] Bell 
Esq 

A vote to hear the pet 11 of the Selectmen of New Hampton on 
the third Wednesday of the next Session was brot up read and 
concurred 

A vote for a Com tee to join a Com tee of the Senate to consider oi 
the pet 11 of B — Prescutt was brot up read & concurred M r Smith 
joined — 

A vote to refer the pet 11 of Otis Baker & others Rich d Tripe & 
others to the Com te on the pet 11 of Jacob Green & Enoch Noyes 
was brot up read & concurred 

A vote to pay Ezekiel Dow 18/ in full of his Demand as an 
evidence at the Court Martial for the trial of Col Stone was brought 
up read & concurred 



112 NEW HAMPSHIRE EARLY STATE PAPERS. [ I 79 I 

A vote appointing the Hon Timothy Farrar James Underwood 
and Jeremiah Page Esquires a Com tee 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 tee 
report thereon at the next Session of the General Court was brot 
up read & concurred 

A vote for a Com tee to join a Com tee of the Senate to consider of 
the pet 11 of Michael Dwyer was brot up read & concurred M r Bell 
[joined.] 

A vote for a Com tee to join a Com tee of the Senate to consider of 
the petition of Alex dr Plumley was brot up read & concurred 
M r Webster joined 

A vote that W m Loudon have & receive six pounds out of the 
treasury to pay [some] house rent &c &that s a sum be p (l 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 d 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 d Portsm° Esq deceased to sell & convey to Nathaniel Healey 
of Hampton falls in s a County Trader certain parcels of land set 
off to s (l Executors by Exon on a Judgment recovered by s d Execu- 
tors against the Executors of Meshech Weare Esq deceasd having 

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 d Town to be appropriated for the pur- 
pose of repairing the highways in s li 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 County of Hillsborough having been read a third time 
voted [that the same] be enacted 

Adj d till tomorrow morning 9 "Clock 



I79 1 ] JOURNAL OF THE SENATE. H3 

TUESDAY Jan y 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 y instant be collected in 
the same way & manner as has heretofore been legally practised 
excepting only that no person who will render a true acc° on Oath 
shall be liable to any prosec 11 for sell g without license &c and that 
an Act or Resolve be passed for that purpose was bro* up read & 
concurred 

A vote for a Com tee to join a Com tee of the Senate to consider of 
the pet n of Jon a Chase Esq was brot up read & concurred M r 
Smith & M r Webster joined — 

A vote so far granting the prayer of the pet n of Mary Neal & 
John Neal as that they have leave to bring in a bill for confirming 
the title of the heirs & assigns of John Neal Esq Dec d 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 tee to join a Com tee of the Senate to consider of 
the pet n from Cornish & Plainfield was brot up read & concurred 
M r Smith & M r Webster joined 

A vote for a Com tee to join a Com tee of the Senate to consider 
of the pet n of Rebecca Barrett was brot up read & concurred 
M r Wallace & M r Bell joined — 

An Act to restore Elisabeth M c 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 entitled 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 off & incorporate a number of Inhabitants 
living in the north west part of Amherst into a parish passed 24 th 
day of Jan y 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. [ I 79 I 

WEDNESDAY Jan* 26 1791 — 

met according to adjournment 
Present as yesterday with the adt u of M 1 ' Freeman — 

A vote for a Com tee to join a Com tee of the Senate to consider 
of the pet 11 of Ach d M c Murphy was brot up read & conc d M r Wal- 
dron joined — 

A vote granting the prayer of the pet 11 of Sam Rendal and 
giving him leave to bring in a bill accordingly was brot up read & 
so far concurred as y* s cl Rendall have leave to enter the same action 
at the S. C [Superior Court] next to be holden at Dover in & for 
s d 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 d Court to s d Roberts and the Judges of s d 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 tee to join a Com tee of the Senate to consider 
of y e pet 11 of the Selectmen of Bath was brot up read & concurred 
M r Green & M r Smith joined 

A vote for a Com tee to join a Com tee of the Senate to consider 
of the pet n of Will™ Vans et alii was brot up read & concurd M r 
Peabody M r Smith & M r Cilley joined — 

A vote for a Com tee to join a Com tee 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 r Shepard & M r Webster joined — 

A vote for a Com tee to join a Com tee 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 r Smith M 1 ' Cilley & M r | 
Wallace joined 

A vote that Col David Page apply to any public Officer in this 
State for the original order s d to be drawn by Benj Heath of Con- 
way in favor of Dan 1 Cook — s d Officer is directed to deliver s d Order 
to s d Page & to take a fair copy thereof to remain with him previous 
to his delivering y c Original to s d Page was brot up read & con- 
curred — 
* 3-492 *A vote for a Com tee to join a Com tee of the Senate to 
be added to the Com tee on the pet 11 of Ach d M c Murphy 
was brot up read & concurred M r Webster joined — 

A vote that a paper signed Sam 1 Payne be referred to the Com tee 
on the pet 11 of Jon a Chase Esq was brot up read and concurred 



I791] JOURNAL OF THE SENATE. H^ 

A vote to pay Capt Joseph Smith thirt} T six shillings in full of 
his acc° for a Journey to Portsm on public Service was brot up 
read & concurred 

A vote to refer the pet n of the Selectmen of Pembroke to the 
Com tee on the pet n of Green & Noyes was brot up read and con- 
curred — 

A vote for a Com tee to join a Com tee of the Senate to consider 
of the petition of the Selectmen of Plastow was brot up read and 
concurred M r Rogers & M r Bell joined — 

A vote to refer the pet of Otis Baker et alii to the Com tee on the 
pet of Green & Noyes was brot up read and conc d 

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 n of Reb ca 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 11 of the Selectmen of 
Lyman and giving them leave to bring in a bill for raising a tax 
of one half penny ^ year on every acre of land in s d Town for 
3 years was brot up read & concurred 

A vote that Dan 1 Putnam receive i6£ in full of his Dem d 
for losses & c as a Soldier in 1776 was brot up read & noncon- 
cured 

Adj d till tomorrow morning 9 °Clock 

THURSDAY Jan y 27 1791 

Met according to adjournment 
Present all the Senate — 

A vote for a Com tee to join a Com tee of the Senate to consider 
of the pet n of John Nesmith was brot up read & concurred M r 
Wallace joined — 

A vote for a Com tee to join a Com tee of the Senate to consider 
of the pet n of Isaac Baldwin was brot up read & concurred M r 
Rogers joined 

A vote to pay W m Harper 12s for carrying precepts to Plymouth 
was brot up read & concurred 

*A vote for a Com tee to join a Com tee of the Senate to * 3~493 
consider of the pet n of Jacob Green & all similar matters 
was brot up read & concurrd M r Wallace & M r Freeman joined 



Il6 NEW HAMPSHIRE EARLY STATE PAPERS. [ I 79 I 

A vote that the hearing on the petition of Rich' 1 Sincler J r which 
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 conc d 

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 highways having 
been read third a time voted that the same be enacted — 
Adj d till tomorrow morning 9 °Clock 

FRIDAY Jan y 28th 1 791 

met according to adjournment 
Present as yester[day] 

A vote to receive & accept the report of the Com tee 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 Acc° of J D. Griffith to the Com tee on the 
Printers Acc° was brot up read & concurred 

A vote granting the prayer of the pet n of J Nesmith & giving 
him leave to bring in a bill accordingly was brot up read & con- 
curred 

A vote for a Com tee to join a Com tee of the Senate to consider of 
the Acc° of Ozias Silsby was brot up read & concurred M r Kings- 
bury joined — 

A vote for a Com tee to consider of the pet 11 of Eben[ezer] Thomp- 
son was brot up read & concurred M r Green joined — 

A vote for a Com tee to consider of the pet 11 of the Selectmen of 
New Holderness was brot up read & concurred M r Smith & M r 
Green joined 

A vote that the Acc° of W [William] Page Esq et alii be re- ! 
ferred to the Com tee of J Green was bro 1 up read & concurred 

A vote for a Com tee to consider of the pet 11 of J Livingston was j 
brot up read & concurred M r Waldron joined — 

A vote to pay the Acc° of Mess rs Clap Rogers & Gilman was 
brot up read & concurred 

An Act to repeal such parts of the several Acts of this State as j 
imposed an Excise on spirituous liquors & other articles having j 
been read a third time voted that the same be enacted 

An Act to impower the Inhabitants of Alexandria in the County j 
of Grafton to levy a tax on all the lands (public lands excepted) 



I79 1 ] JOURNAL OF THE SENATE. Iiy 

in said Town for 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 receive £20 from the Treasury was 
bro* up read and Nonconcurred 

A vote granting the prayer of the pet n of the Inhabitants of 
Hampstead and giving them leave to bring in a bill accordingly 
was bro* up read & concurred 

A Resolve that His Exc y & Council be & hereby are requested 
to remove Woodbury Langdon Esq from his Office of Justice of 
the Superior Court of Judicature of s d State, was bro* up and 
read — Upon which his Exc y the President & the Hon. R Wal- 
lace & J. Freeman Esq r two of the Council declined acting — 
The Sen. Senator being in the Chair took under consideration the 
afores d Resolve, after some time agreed to postpone the further 
consideration thereof — 

Adjd till tomorrow morning 9 °Clock 

SATURDAY Jan y 29 th 1791 

met according to Adjournment 
[Present as yesterday.] 

A vote granting the prayer 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 1 Sessions of the Peace by law 
to be holden at Portsmouth within & for the County of Rocking- 
ham on the second Tuesday of Feb y 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 years 
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 tee to join a Com tee of the Senate to consider 
of the propriety of receiving at a consolidated value, bills emitted 
by this State prior to the year 1780 — in paym* of outstanding 
Certif te & Indent Taxes &c was bro* up read and concurred M r 
Shepard M r Webster & M r Bell joined 

A vote that Specie Orders drawn by the President on the funds 



Il8 NEW HAMPSHIRE EARLY STATE PAPERS. [ I 79 I 

impost excise or Naval Office be indiscriminately received in pay- 
ment of any outstanding specie Taxes, impost or excise bonds 
wa.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 n 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 heretofore 
made upon the Estate of the late Hon John Wentworth 
Esq dec d in the hands of Tho s Millet Wentworth & James Carr 
Adm trs de bonis non to said estate having been read a third time 
voted that the same be enacted — 

Adf till Monday next 3 °Clock P. M — 

MONDAY Jan y 31 1791 

met according to adjournment — 
Present as on Saturday last except M r Smith & M r Webster 

A vote for a Com tee to join a Com tee to consider of the petition 
of Samuel Thing was bro* up read & concurred M r Green 
joined — 

A vote for a Com tee to join a Com tee of the Senate to consider 
of the proposals made by the printers was brot up read and con- 
currd M r Rogers joined — 

A vote for a Com tee to join a Com tee of the Senate to consider 
of the pet n of James Murch was brot up read & concurred M r 
Peabody joined — 

A vote for a Com tee to join a Com tee to consider of a letter from 
A. Hamilton Esq was brot up read & conc d M r Peabody join d 

A vote to hear the pet 11 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 tee of 
J Green & was brot up read & concurred 

A vote to pay Col Clap £4.-1.. 9 expences for survey & plan of 
Light House was brot up read & concurred 

A vote for a Com tee to join a Com tee of the Senate to consider 
of the pet 11 of A. Davis was brot up read & concurred M r Wal- 
dron joined — 



I79 1 ] JOURNAL OF THE SENATE. HO 

A vote to hear the pet n of T Pinkham on the Second Tuesday 
of the next Session was brot up read & concurred 

A vote to hear the pet n of the Selectmen of Campton on the 
Second thursday of the next Session was brot up read and con- 
curred 

A vote for a Com te to join a com tee of the Senate to consider of 
the pet of the Selectmen of Middleton was brot up read & con- 
curred M r 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 d , 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 yesterday with the addition of M 1 ' Webster 

A vote for a Com tee to join a Com tee of the Senate to nominate 
two persons in each County to make sale of the Excise &c was 
brot up read and conc d M r Kingsbury & M r Peabody joined 

A vote for a Com tee to join a Com tee of the Senate on the sub- 
ject matter of the revision of the laws was brot up read & con- 
curred M r Freeman M r Green M r 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 tee to join a Com tee of the Senate to consider 
of the Pet n of D. Johnson was brot up read & concurred M r Wal- 
lace joined 

A vote for a Com tee to join a Com tee to take under considera- 
tion the report of a Com tee on Treasurers Acc° was brot up read 
& conc d M r Peabody & M r Cilley joined — 

A vote to hear the pet n 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 tee to join a Com tee of the Senate to consider 
of the petition R. Colony was brot up read & concd M r 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 



120 NEW HAMPSHIRE EARLY STATE PAPERS. [ I 79 I 

trial of an Impeachment exhibited by the Hon House of Rep s vs 
W y Langdon Esq was brot up read and concurred 

A vote for a Com tee to join a Com tee of the Senate to consider 
of what business is yet necessary to be done at this Session &c 
was brot up read & concurred M 1 ' Webster M 1 ' Rogers and M r 
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 1 & 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 d Town for their neglect 
in procuring four men for the Continental service in 1781 Pro- 
vided s d Town shall pay into the Treas y the principal of s d 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 voted that the same be enacted 

A vote to accept the report of the Com tee apt d to receive books 
papers &c from the late Compt 11 ' was brot up read & concurred 
Adj d till tomorrow morning 9 °Clock 

WEDNESDAY Feb 2 1791 

met according to adjournment 
Present all the Senate 
A vote appointing Thursday the 7 th April next to be observed as 
a day of public hum tu fast g & prayer was bro 1 up read & con- 
curred 

A vote for a Com tee to join a Com tee of the Senate to consider 
of the petition of Tim Walker Esquire et alii — was brot up read 
& concurred M r Cilley & M r Kingsbury joined — 

A vote granting the prayer of the pet n of James Murch and 
giving him leave to bring in a bill accordingly was brot up read 
& concurred — 

Adj d till tomorrow morning 9 "Clock 



1791] JOURNAL OF THE SENATE. 121 

THURSDAY Feb 3 1791 

met according to adf 
[Present as yesterday.] 

A pet n signed S [Stephen] Peabody & others praying for an 
Incor [poration] of An Academy by the name of the Atkinson 
Acd y Also for a Lottery to raise £1000 with a vote thereon grants 
the prayer thereof was bro* up & read — on motion to divide the 
Quest 11 — shall they have leave to bring in a bill for an incorpora- 
tion — passed in the AfBrm tve shall they have leave to bring in a 
bill for a Lot y to raise £1000 The yeas & Nays being called for 
were as follows Yeas Mess 8 Bell Waldron Wallace Peabody Green 
Shepard & Freeman Nays Mess rs Smith Webster Kingsbury 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 for, were as 
follows viz Yeas Mess r Bell Waldron Wallace Peabody Shepard 
Freeman Green — Nays Mess r 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 n signed Sam 1 Dana & Step 11 Dole praying for an Incor- 
poration of an Ac dy Also for a Lottery to raise £1000 with a vote 
thereon granting the prayer thereof, was brot up & read — on mo- 
tion to divide the Quest 11 shall they have leave to bring in a bill 
for an Inc ptn passed in the afT tive 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 1 ' Shepard Wallace Peabody & 
Green — Nays Mess 1 ' 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 for 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 r Shepard Wallace Peabody Green & 
Waldron Nays Mess 1 " Bell Smith Webster Kingsbury Cilley Free- 
man and Rogers — & so — an Incorp : only [Yeas 5 — Nays 7 — 



122 NEW HAMPSHIRE EARLY STATE PAPERS. [ I 79 I 

So it was voted that they shall not have leave to bring in a bill for 
a lottery 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 tee to ]oin a Com tee of the Senate to examine 
& compare the engrossed bills agreeably to a vote this day passed 
was brot up read & concurred M r Kingsbury joined 

A vote that the Gen 1 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 st day of Nov 1 ' next was brot up read & concurred 

A vote for a Com tee to join a Com tee of the Senate to consider 
of the pet n of Gen 1 Stark was brot up read & concurred M r 

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 stay the extents against 
Eleazer Brown Sam 1 Lane Jonas Twitchel & John Thompson for 
the sums they entrusted in the hands of Jon a Gaskill dec d and that 
Josiah Willard Sam 1 Gaskil & others have leave to withdraw their 
petitions was brot up read & concurred 

A vote for a Com tee to join a Com tee of the Senate to consider 
of Acc° of S. Bean was brot up read & concurred [M r Rogers 
joined] 

A vote to postpone the further consideration of a pet n presented 
by B Cilley, to the next June Session & that the Treas r stay his 
Extents vs s d Cilley until s d time — was brot up read & concurred 

A vote for a Com tee to join a Com tee of the Senate to take un- 
der consideration the proposals lodged with the Sec y for all or any 
tracts of unlocated lands &c was brot up read & concurred M r 
Kingsbury & M r 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 11 defence during 
the late war not already stated and sent forward for allowance — 






I79 1 ] JOURNAL OF THE SENATE. 123 

that the several sums allowd & reported by the Commissioners 
that were for that purpose appointed in 1780 and whose powers 
were extended and defined by sundry subsequent votes & resolves 
be also included — And that three Coms lirs be now appointed by 
and on the part & behalf of this State to collect the Acc os papers 
and vouchers necessary for making the above statement and for 
such other further charges as may in the opinion of the Coms nrs be 
exhibited by this State against the US — by virtue of the several 
Acts & Ordinances of Congress and that s d Coms nrs certify such 
abatement to be forwarded to the board of Coms nrs 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 n of E Buckman et alii to the * 3-500 
Com tee 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 1 ' & others, the original Deed of which is lost 
having been read a third time voted that the same be enac d 

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 ent d 

An Act authorizing the Executor of Sam 1 Marsh 8 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 d State to tax the unimproved lands in s d Sandwich 
owned by nonresidents of s d Town one penny on each acre for the 
purpose of repairing highways in s d Town having been read a third 
time voted that the same be enacted. 

A vote granting the prayer of the petition of Jacob Green & 



124 NEW HAMPSHIRE EARLY STATE PAPERS. [ I 79 I 

Enoch Noyes & giving them leave to bring in a bill accordingly 
was brot up read & concurr d 

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 nie 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 conc d — 
* 3-501 *A vote to refer the proposal of Nicholas Austin to the 
Com tee 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 d Portsmouth Esq 
having been read a third time voted that the same be enacted. 
Adj d till tomorrow 9 °Clock AM — 

SATURDAY Feb* 5 — i 79 i_ 

met accord^ &c present as yesterday 
This day spent in reading pub c Acts 

Adj d till Monday morning next 9 °Clock 

MONDAY Feb y 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 1 ' to his law having been 
read a third time voted that the same enacted. — 

A vote for a Com tl '° to join a Com te of the Senate to consider 
of the pet 11 of Tho s Pennyman in behalf of Washington was bro 1 
up, read & concurred M 1 ' Waldron joined — 

An Act to encourage the culture of hemp within this State having 
been read voted that the same be nonconcurred 



I79 1 ] JOURNAL OF THE SENATE. 125 

A vote to pay G Hough £22. .5.. 9 out of Excise for printing 
was brot up read & concurred — reconsidered concurred as below) 
concurred with this amendm 1 that s d Hough be allowed 17 £ 5 & 9 
instead of 22 £ 5.-9 — Sent down brot up con d 

A vote so far granting the prayer the pet 11 of Aaron Davis as 
that the extent for the year 1788 be stayed until the next Session 
of the Gen 1 Court so far as it respects the State was brot up 
read & non concurred 

*A vote that His Exc y the President, the Hon the Chief * 3-502 
Justice and the Treas 1 ' of this State be and are appointed 
Agents in behalf of this State to vest in the funds of U S — the 
old Cont 1 Money final Settlements & Indents now in the Treas y or 
that may be bro* in prior to the opp ty of funding the same was brot 
up read and concurred — 

A vote granting the prayer of the pet n of Lem 1 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 Lyman be abated 
£98.. 1. .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 any demands for being doomed 
too high was brot up read & concurred 

A vote that M r Smith & M 1 " Freeman with such of the Hon 
House as they shall join be a Com tee 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 pet n of H Miller in behalf of Steph n Har- 
ford on the second Thursday of the next Session was brot up read 
and concurred 

An Act to impower John Calfe Eben r Webster and Nathaniel 
Weare to take back & rectify a certain report by them made to the 
Superior Court in a cause wherein John Quimby Sanborn of Can- 
dia was pl tf & Sam Corser defendent having been read a third time 
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 d Judgment was rendered having been 
read a third time voted that the same be enacted 
Adj d till tomorrow morn^ 9 °Clk 



126 NEW HAMPSHIRE EARLY STATE PAPERS. [ I 79 I 



* 3-503 * TUESDAY Feb y 8 th 1791 

Met accd y [according to adjournment.] 
Present as yesterday 

A vote for a Com tee to join a Com tee of the Senate to consider 
of a bill for regulating Licenced Houses was brot up read & con- 
curred M r Freeman joined — 

A vote adding M r Macgregore & M r Emerson to the Com tee on 
the pet 11 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 time 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 d 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 



1 791 JOURNAL OF THE SENATE. I 27 

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 Ran let g£ 6 in full of his Acc° for print- 
ing was brot up read & concurred 

A vote referring the petition of Rich a Eastman et alii to the 
Com tee on the pet 11 of T. Walker Esq was brot up read & cone' 1 

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 r 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 (l 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 d 
Hanniford an order for the like sum on the revenue arising from 
the Excise was brot up read & Nonconcurr d 

Adj till tomorrow morning 9 "Clock 



128 NEW HAMPSHIRE EARLY STATE PAPERS. [ I 79 I 

THURSDAY Feb y 10 th 1791 

met according to adjt 
Present as yesterday 

A vote for a Com tee to join a Com te to consider of the pet n of 
Geo Kenfield was brot up read & concurred M 1 ' Green & M r Smith 
[joined] — 

An Act altering the places of holding the Courts in the County 
of Strafford 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 impovver 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 & 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 acds to adjt — 
[Present as yesterday.] 
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' 1 Town prior to the year 1789 until a special Act pass the 
General Court, directing the manner of levying and collecting s d 

Taxes was bro 1 up read & concurred. 
* 3-506 *A vote to pay the Acc° of Jacob Green amo tg to £1.. 
4. .0 John Parker d° 3. .12. .6 W m Page et alii 30..17..0 
for expences &c on the prosecution of W y Langdon Esq was bro 1 
up read & concurred 

A vote to accept the report of the Com tee to nominate two per- 
sons in each county in this State to make sale of the excise, — 
that the persons hereafter mentioned be appointed for that purpose 



I79 1 ] JOURNAL OF THE SENATE. I 29 

viz N Rogers & E Robinson for the Count} T of Rockingham J 
Waldron & J 'Wingate Strafford Will m 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 tee to join a Com tee of the Senate to consider 
what number of law books shall be printed was brot up read & 
concurred M r Freeman & M r Shepard joined 

A vote that the Compt 1T call on Col D d Hobart to acc° for the 
money he received [for paying soldiers 1777 and in particular the 
money he receivd] for Geo Kemfield [Kenfield] 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 1 " settle the same with 
the Selectmen of s d Town who are to account with the non resi- 
dent proprietors for their proportion of the same — was bro 1 up 
read & concurred 

adj d till tomorrow morning 9 °C 

* SATURDAY, Feb y 12, 1791 * 3-507 

Met according to adjournment 
[Present as yesterday.] 

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 Acc° of Nath 1 Rogers & Nath 1 Gilman Esq 1 ' 
amounting to £4 & that said Rogers & Gilman lodge in the Sec ys 
Office the receipt by them taken of J s Macgregore Esq Compt r of 
Accounts was brot up read & concurred 

A vote for a Com tee to join a Com tee of the Senate to consider 
of the Acc° of Col° Giddinge was brot up read & concurrd M l 
Smith joined 

Adjd till Monday next 9 °Clock A M 



130 NEW HAMPSHIRE: EARLY STATE PAPERS. [ I 79 I 

MONDAY Feb. 14 1791 

met according to adjournment 
Present as on Saturday last 

A vote to hear the pet u 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 Acc° for selling a lot of land in 
Washington by order of the Gen 1 Court & that the Treas 1 ' 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 
ferry 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 w r hich are now in the hands 
of [the committee of] Claims and which belong to s' 1 office be de- 
livered to James Macgregore Esq Comptroller of Acc° & 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 & hereby 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 tee to join a Com tee 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 r Freeman M r Webster and M r Shepard 
joined — 

A vote that the Treas 1 ' have & receive out of the Treas 17 £240 
as a Salary from June 1790 to June 1791 and that it be considered 
in full for services Office hire travel Stationary &c was brot up ' 
read & concurred with this Amendm 1 that he have & receive two I 
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 7 
receive £230 instead of £200 — Sent down for concurrence brot I 
up with a Message that they adhere to their former vote — 



1791] JOURNAL OF THE SENATE. 131 

A vote that the Sec y have £50 as a Salary from June 1790 to 
June 1 791 was bro* up read & concurred 

A vote that the Corns 7 Gen 1 receive £9 as a Salary 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 11 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 & nonconcured 

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 i6$£ instead of £i8o£ & the 
other Justices i35£ each instead of i4o£ Sent down — [for con- 
currence.] 

A vote that G Gains S. Clap Esq rs be a Com tee 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 d Acc° — and that the same be lodged with the Treasurer taking 
his receipt therefor was brot up read & concurred — 

A vote for a Com tee to join a Com tee of the Senate to consider 
matters relative to Invalids — was brot up read and concurred M r 
Smith & M r 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 
j 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 Attorney Gen 1 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 the 
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 & collecting the 4 s d Taxes in the same manner as 
they by law cou d have done had no such vote or resolve be passed 
was brot up read & concurred 



132 NEW HAMPSHIRE EARLY STATE PAPERS. [ I 79 I 

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 d till tomorrow morning 9 °Clock 

TUESDAY Feb 15, 1791 

Met according to adjournment 
Present as yesterday 

The fol g amend 1 to a vote of yesterday viz that His Exc y have 
and receive £230 instead of £200 was reconsidered & then the 
vote that His Exc y 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 1 dated in 1782 or 1783 for £50 & that s d Kelley or 
Wentworth have an Order on the Treas r 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 
* 3-5 10 * An Act for the punishment of idle & disorderly per- 
sons for the support & maintenance of the poor — and 
for designating the duties & defining the powers of overseers of I 
the poor — having been read a third time voted that the same be 1 
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 tee on Treas re 
Acc° 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 1 ' govern himself accordingly & charge the 
same in his next account to be settled was brot up read & con- 
curred 



I79 1 ] 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 
& 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, Adultery and Polyg- 
amy having been read a third time voted that the same be enacted 

A Resolve for 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 s 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 d Doct or Evans receive £3 — 12 as * 3-5 11 
Chaplain was brot up read & concurred — w* grant d 

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 1 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 lottery was brot up & read — the yeas & nays 
being called for were as follows Yeas M r Waldron M r Rogers 
M r Cilley M r Bell & M r Kingsbury Nays M r Green M r Wallace 
M r Smith M r Freeman M r Shepard M r Peabody & M r 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 & nonconcured — 
Adj d till tomorrow morn 8, 9 °Clock 



134 NEW HAMPSHIRE EARLY STATE PAPERS. [ I 79 I 

WEDNESDAY Feb — 16, 1791 — 

met accord^ to adf 
Present as yesterday 

A vote to pay the Acc° of Eben r Smith Esq amounting to £7.. 
17..0 as one of a Com tee on unlocated lands was brot up read & 
concurred 

A vote to pay the Acc° 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 1 Court be the 
same as the last year was brot up read & concurred — 
* 3-512 *An Act to incorporate an Academy in the Town of 
Charlestown by the name of Charlestown Academy hav- 
ing been read a third time voted that the same be enacted — 

A vote that the expence Acc° mentioned in the report of the 
Com tee on settling the Acc os between the Treas r & this State 
amo tg ' to £42.. 4. 5 [be allowed] was brot up read & concurred 

A resolve to pay the Travel Attendance &c of the Gen 1 Court 
out of the money, now in the Treas y 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 1 in for that purpose was bro* up read & concurred 

A vote to pay the Acc° of W" 1 Duncan amo tg to 18s 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 1 Peabody Esq £41.-2/ on revision of Laws 
was brot up read & concurred 

A vote to pay the Acc° of J Smith Esq amo tg to £85. .19. .6 
on revision of laws was brot up read & concurred 

[A vote to pay the Acc° of Jn° Sullivan Esq Amo tg to £32.-6.0 
on revision of laws was brot up read & conc d ] 

A vote to pay the Acc° of A Livermore Esq amo tg to £6.. 1/6 
for engrossing Acts was brot up read & concurred 

a Vote to pay the Acc° Ed d Livermore amo tff to £3 for engross- 
ing Acts was brot up read & concurred 

A vote to pay the Ace" of John Porter amo tg to £3.-6/ for 
engrossing bills was brot up read & conc (1 

A vote that the Chf Justice of S C [Superior Court] have i5o£ 
and each of the other Justices £130 each of them accounting for 
fees respectively was brot up read & concurred 



I79 1 ] JOURNAL OF THE SENATE. 1 35 

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 * 3-51 3 
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 collecting the Indent & Certificate taxes that they 
certify to the Treas 1 ' the amount of the sums in Certificates & 
Indents &c &c was read & concurred except such parts thereof 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 m Duncan £3 for the use of a Room &c was 
brot up read and concurred 

A resolve that the Treas 1 " 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 s & that he require the 
Selectmen to pay such sums into the Treas y 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 tee to examine the Treas r 
Acc° was brot up read & concurred 

A vote to pay the Members of Hon Senate their travel & 
Attendance when sitting on the trial of W y Langdon Esq was 
brought up read & concurred — 

A vote to pay C. Buswell £21. .10 for wood, candles Attend 06 
&c was bro* up read & coned 

A vote to pay J Griffith 20s in full of his Acc° for printing was 
brot up read & concurred — 

A vote requesting His Excellency to write to our Rep s in Con- 
gress relative to the Invalids in this State not on the pention list 
was brot up read & concurred — 

Adj d till tomorrow morning 9 oClock 



I36 NEW HAMPSHIRE EARLY STATE PAPERS. [ I 79 I 

THURSDAY Feb 17 1791 

Met according to Adf — 
[Present as yesterday.] 
* 3- 514 *A vote granting the prayer of the pet 11 of J Atherton 
in behalf of S Flagg & giving him leave to bring in a 
bill accordingly was bro 1 up read & concurred 

A vote for a Com tee to join a Com tee of the Senate to report 
what business is yet necessary to done was brot up read & con- 
curred M r Cilley & M 1 ' 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 d falls & regulating the toll of s d 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 d — brot up 
concurred — 

A resolve that the Coms ms admit the claim of Sam 1 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 d M 1 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 v inform M r Evans that it is the desire of 
the Legislature that he wou d deliver an Election sermon in June 
next at Concord was brot up read & concurred — 

A vote to pay the Acc° of J [James] Gray amo tg to £1.-15 f° r i 
engrossing bills was brot up read & concurred 

A vote to pay the Acc° of M L Neal amo tg to £5.. 13.. 3 for j 
engrossing bills was brot up read & concurred 
*3~~5 I 5 * A vote appointing Jer h Smith Esq to inspect the press 

while the laws are printing was brot up read and con- I 
curred, with this amendment that the Hon Nath 1 Peabody Esq be 
added to the Com tee to inspect the press while the revised laws | 
are printing either of whom to attend that business & that s d ' 
Com hT be directed to draught a book of forms for such civil Ofh- j 
cers of this State as they shall think proper cS: lay the same before 
the Gen 1 Court at the next Sessions was sent down for concur- j 
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 Acc° of John Calfe Esq amo tg to g£ & 7 d for 
paper recording &c was brot up — read & concurred — 

A vote to pay the Acc° of J Nelson amo tg to £18.-15. .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 v 1792 was brot up read & concurred 

A vote that His Excellency the President be requested to write 
to the Sec y of the Treas y 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 d till tomorrow morning 9 °Clock 

FRIDAY Feb y 18 1791 — 

Met accd Present as yesterday — 

A vote that specie orders Excise orders &c be indiscriminately 
received in the payment 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 offer 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 May 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 1 Court agreeably to the above vote — A procla- 
mation thereof, was accordingly made 

f J. PEARSON See* 



JOURNAL 



House of Representatives 



CONTAINING THE PROCEEDINGS 



FROM JANUARY 5 TO FEBRUARY 18, 1791 






I 



* STATE OF NEW HAMPSHIRE, *h-7o 



A JOU RN A L 



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 5 th 1791. 

A quorum of the House met according to adjournment 
Information was given to the Honb 1 Senate that a quorum of the 
house were present and ready to proceed to business — 

A message from the Honb 1 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 r 6 th 1791. 

The House met according to Adjournment 

Motion was made for the choice of an Assistant Clerk and M r 
Moses Leavitt Neal was chosen for that purpose 

The Secretary 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 



I42 NEW HAMPSHIRE EARLY STATE PAPERS. [ I 79 I 

when the rapid progress of Agriculture and manufactures and 
the nourishing state of commerce wear so favourable an aspect 
and when the great national affairs that concern the United 
States in General which formerly 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 conveniently 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 your 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 which was 
under your consideration 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 we have 
been at in Supporting the light since the 15 th of August 1789 ad- 
justed in order that the money may 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 force, and if your Committee who were appointed 
for that purpose are ready to report I should hope the business 
will be properly attended to the present Session — 

The advantage of good roads to keep up a free and easy com- 
munication 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 



I79 1 ] JOURNAL OF THE HOUSE OF REPRESENTATIVES. I43 

the advantages that may 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 effectually 
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 Individuals 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 justice 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 officers 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 every 
measure that will conduce to the welfare of my fellow citizens — 

Concord, January 5 th 1791 — Josiah Bartlett 

* Voted that M r Plummer, M 1 Jer e Smith, M r Abbott M r * 14-73 
Macgregore & M r Badger with such of the Honb 1 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 necessary 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 th 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 th 1785 and signed 



144 NEW HAMPSHIRE EARLY STATE PAPERS. [ I 79 I 

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 — 

Voted that the Treasurer be directed to deliver to John Orr Esq r 
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 
having proceeded in said business agreably to an Act for that pur- 
pose passed Jan r 15 th 1790 — 

The Seat of the Speaker having become vacant by the Honb 1 
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 1 Moses Dow Esq r 
was chosen to that office — 

Adjourned to three oClock P. M. 
Met accordingly 

Voted that M r Toppan, M r Macgregore & M r Cragin with such 
of the Honb 1 Senate as they may join be a Committee to consider 
of the Petition of Esther Holland and report thereon — 

Voted that M r Gains, M r Barrett & M r Page with such of the 
Honb 1 Senate as they may join be a Committee to consider of the 

Petition from Peterborough slip & report thereon — 
* 14-74 * On motion by M r 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 r Sherburne, M l Page, M r Hale, M r Barrett & M r 
Young with such of the Honb 1 Senate as thev 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 r Page, M r Hoit & M r Whitcomb with such of the 
Honb 1 Senate as they may join be a Committee to consider of the 
Petition of Cap 1 Robert Parker and report thereon — 
Adjourned to 9 oClock to morrow morning 

FRIDAY Jan* 7 th 1791. 

The House met according to adjournment 
Voted that M r Plummer, M r Abbott & M r Holmes with such of 
the Honb 1 Senate as they may join be a Committee to consider of 
the Petition of John Goddard & others and report thereon — 

Voted that M r Sherburne, M r Baker & M r Plummer with such 



1791] JOURNAL OF THE HOUSE OF REPRESENTATIVES. I45 

of the Honb 1 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 
may 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 r Eames, M r Badger & M r Stiles with such of the 
Honb 1 Senate as they may join be a Committee to consider of the 
Petition of John Wendall Esq r in behalf of the Proprietors of 
Lyman, and report thereon — 

Voted that M r Gibson, M r Sherburne, M r Wentworth M r Plum- 
mer and M r Abbott with such of the Honb 1 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 — 

Voted that the Estimate made by Supply Clap Esq 1 ' Commis- 
sary General, of Rations due to Cap 1 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 r Macgregore, M r N Hoit, M r Warner, M r Stiles & 
M r Young with such of the Honb 1 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 necessary — 

Voted that M r Sherburne, M r Hill, M r Abbott, M r Page & M r 
Dow with such of the Honb 1 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 — 

10 



I46 NEW HAMPSHIRE EARLY STATE PAPERS. [ I 79 I 

Voted that M r Plummer, M r N Hoit, M r Jer e Smith M r Page 
M r Crawford, M r Sherburne & M r Barrett with such of 

* 14-76 the Honb 1 * 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 1 ' of Portsmouth by a Resolve 
of the General Court was directed and impowered to take into 
possession the personal estate of George Meserve an absentee and 
dispose of the Same at public Auction in order to Support his wife 
and children. Accordingly M r Parker took said personal estate into 
possession among which said Chest was included and at the sale 
of the Same M 1 ' James Sheafe attended, bid off the Chest and 
paid the money into the hands of M r 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 possibly may be — 

Voted that M r Gains M r Hoit, M r Abbott, M r Whitcomb & M r 
Eames with such of the Honb 1 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 that M r Abbott, M r Badger & M r Sherburne with such of 
the Honb 1 Senate as they may 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 r Macgregore, M 1 Plummer & M r M c 

Clarey with such of the Honb 1 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 o\ 

the Town of Rindge — voted that the prayer thereof be grantee 

and that they have leave to bring in a Bill accordingly — 



I79 1 ] JOURNAL OF THE HOUSE OF REPRESENTATIVES. I47 

Voted that M r White, M r Cilley & M r Jo s Smith with such of 
the Honb 1 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 r Blanchard, M r Macgregore & M r Bartlett with 
such of the Honb 1 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 th 1791. 

The House met according to adjournment 
Upon reading and considering the Petition of James Woodward 
Esq r 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 — 

Voted 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 — 

Voted that the Account of John Parker and Nath 11 Rogers Esqr s 
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 c Clarey Esq 1 ' * 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 r White, M 1 ' Badger M r Jer e Smith M r Holmes & 
M r Eames with such of the Honb 1 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 1 Salaries be 
established by Law for the Justices of the Superior Court — 

Voted that M r White M r Jer e Smith M r Badger [M r Page] & 
M r Abbott with such of the Honb 1 Senate as they may join be a 
Committee to report what method shall be taken for filling up the 
vacancy in the Honb 1 Senate occasioned by the appointment of the 
Honb 1 Oliver Peabody Esq r to the office of Judge of Probate — 
Adjourned to Monday next at 3 o'Clock P. M. 



I48 NEW HAMPSHIRE EARLY STATE PAPERS. [ I 79 I 

MONDAY Jan* 10 th 1791 

The House met according to adjournment 

Voted that M r White M r Gibson & M r Toppan with such of 
the Honb 1 Senate as they may join be a Committee to consider of 
the Petition of Judith M eloon and report thereon — 

Voted that M r Bradley, M r Badger, M r Warner M r Holmes & 
M r Baker with such of the Honb 1 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 r N Hoit M r Whitcomb & M r Weeks with such of 
the Honb 1 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 1 " Kimball M 1 ' Prescutt & M r Stiles with 
such of the Honb 1 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 r Gains M r M Smith & M r Freeman with such of 
the Honb 1 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 st 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 ail Act be passed to regulate the granting of license to 



I79 1 ] 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 r 11 th 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 th 1790 — was read a third time and passed to be Enacted — 
Voted that M r Hill M r Abbott, M r White M 1 Clark and M r 
Badger with such of the Honb 1 Senate as they may join be a 
Committee to take under consideration an Act of Congress of the 
4 th of August last which respects making provision for the debt of 



I50 NEW HAMPSHIRE EARLY STATE PAPERS. [ I 79 I 

* 14-81 the United states and assuming the debt of * Individual 

States and report thereon — 
Voted that M 1 ' Young M r Gains and M r Gibson with such of 
the Honb 1 Senate as they niay join be a Committee to consider of 
the Petition of Col Benjamin Stone and report thereon — 

Voted that the Honb 1 Thomas Bartlett Esq 1 ' have and receive 
out of the Treasury 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 for 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 1 Senate for Con- 
currence — 

In Senate Jan 1 ' 11 th 1791 — 
Voted that M r Rogers and M r Freeman with such of the Honb 1 
House as they may join be a Committee to consider of the expe- 
diency of the Secretary or Clerk continuing to take a fee of Six 
shillings on every private Petition agreable to a Resolve passed 
the 10 th of June 1788 — was read and concurred and M 1 ' Abbott, 
M r Warner, M 1 ' White, M 1 ' Badger & M 1 ' 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 — 

* 14-82 * Voted that M r Page, M r Temple & M r Allen with such 

of the Honb 1 Senate as they may join be a Committee 
to consider of the Petition of the Inhabitants of the Town of 
Unity and report thereon — 

A vote came down from the Honb 1 Senate appointing a Confer- 
rence with the Honb 1 I louse on the subject of filling a vacency in 



I79 1 ] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 151 

the Honb 1 Senate (if the House see fit) as soon as may be, which 
was read and concurred — 

Adjourned to 9 o'Clock to morrow morning 

WEDNESDAY, Jan r 12 th 1791 — 

The House met according to adjournment 
Voted that M r Hoyt & M r Gerrish [with such of the Honorable 
Senate as they may join,] be added to the Committee on the Peti- 
tion of Jacob Green & Enoch Noyes and that the Petition of John 
Bryant and Richard Bartlett Esqr s 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 th 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 — 

Voted that M r Badger, M r Hill & M r Eastman with such of the 
Honb 1 Senate as they may join be a Committee to consider of the 
Petition of Benjamin Heath and report thereon — 

Voted that M r Cragin, M r Badger & M r Connor with such of 
the Honb 1 Senate as they may join be a Committee to consider of 
the Petition of Joseph Dow Esq 1 ' and others in behalf of the Town 
of Hampton and report thereon — 

Voted that M r Jer e Smith, M r Penniman & M 1 ' Freeman 
with such of the Honb 1 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 r 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 Camfleld 
voted that the prayer thereof be granted and that he have leave 
to bring in a Bill accordingly — 

Adjourned to 3 o'clock P. M. — 



152 NEW HAMPSHIRE EARLY STATE PAPERS. [ I 79 I 

Met accordingly — 

Voted that M r Bedee, M r Rand & M r Morse with such of the 
Honb 1 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 voted that the Peti- 
tioner be heard thereon before the General Court on the third 
Wednesday of their next Session and that neither party take any 
advantage of their Executions against the other in the mean time 
and that M 1 Hutchinson Attorney to the Petitionee be served with 
a Copy of the Substance of the Petition & order of Court within 
two months from 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 ^ r Acre for the 
purpose of repairing the public roads in said Packersfield — was 
read a third time and passed to be Enacted — 

Voted that M r Hale, M r Badger & M r N Hoit with such of the 
Honb 1 Senate as they may join be a Committee to consider of the 

Petition of Richard Sinkler Jun r & 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 r Eames, M r Tarlton & M r Lane with such of the 
Honb 1 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 

Voted that M r Toppan, M r Barrett & M l Plummer with such 
of the Honb 1 Senate as they may join be a Committee to consider 
of the Petition of John Wendall Esq r and report thereon — 

Voted that M r Hale M r Prescutt M r Hill, M r Plummer & M r 
Holmes with such of the Honb 1 Senate as they may join be a 
Committee to consider of the Petition of Maj r Bradbury Cilley 
and report thereon — 

Voted that M 1 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 



I79 1 ] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 153 



THURSDAY Jan* 13 th 1791. 

The House met according to adjournment 
The Committee to consider of the method to fill a vacancy in 
the Honb 1 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 1 Oliver Peabody Esq 1 ' 
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 1 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 yeas and nays were called & are as follows 
(viz) 

Yeas. Yeas. Yeas. Yeas. 

M r Gains M r Cilley M r M c Millan M r Stone 

M r Sherburne M r M c Clarey M r Parker M r Baker 

M r Wentworth Mr Clough M r Barrett M r Burnam 

M r Connor M r Chamberlain M r Clark M r Crawford 

M r Macgregore M r Bradley M r Cragin M r Hoit 

M 1 ' Weeks M r Gibson M r Flanders M r Freeman 

M r White M r Badger M r Prescutt M r Payne 

M r Eastman M r Giles M r Grout M r Eames 

M r Plummer M r Bedee M r Holmes M r Abbott 

M' Hill M r N Hoit M? Morse 

Nays. Nays. Nays. Nays. 

M r Blanchard M r Warner M r Stiles M r Wellman 

M r Brown M r Jer e Smith M r Whitcomb M r Lane 

M r Bartlett M r Wallace M r Alexander M r Penniman 

Mr Jos Smith M* Fifield Mr Temple M r Kimball 

Mr Kellie M r Gerrish M r M Smith M r Tarlton 

Mr Palmer M r Page Mr Rand M r Dame 

M r Hale M r Shepherd M r Allen M r Young 
M r 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 accordingly — 



154 NEW HAMPSHIRE EARLY STATE PAPERS. [ I 79 I 

The Committee on Col Clapp's Estimate. Reported that the 
Sum of Eleven pounds two shillings in full for rations due Cap 1 
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 th of March last be paid out of the Treasury to Sup- 
ply Clap Esq r 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 1 ' and the report of a Committee thereon 
voted that the Petitioner be heard thereon before the General 
Court on Thursday the twenty Seventh day of January current 
and that the Petitioner serve the Honb 1 John Sullivan Esq r 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 prayer 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 r Plummer, M r Page, M r Bedee, M r Barrett & M r 
Baker with such of the Honb 1 Senate as they may join be a Com- 
mittee to consider of the matters contained in a Letter from Joseph 
Whipple Esq r 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 r 14 th 1791. 

The House met according to adjournment 
Voted that M 1 ' Freeman, M 1 ' Stiles & M r "Holmes with such of 
the Honb 1 Senate as thev may join be a Committee to consider of 



I 79 I ] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 155 

the Petition of Isaac Clifford and Asahel Brainard and report 
thereon — 

* Voted that M r White, M r Gains, & M r Emerson with * 14-87 
such of the Honb 1 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 accordingly — 

Voted That M r Payne & M r Plummer with such of the Honb 1 
Senate as they may 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 Petition and order of Court thereon Six weeks 
prior to said day of hearing that he may then appear and shew 
cause why the prayer thereof may not be granted — 

The Committee on the Petition of Susanna Johnson & Sylvanus 
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 — 



156 



NEW HAMPSHIRE EARLY STATE PAPERS, 



[1791 



Upon hearing and considering the Petition of the Inhabitants of 
Wolfborough voted that the prayer thereof be granted and that 
they have leave to bring in a Bill accordingly — 

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. 



M r Gains 
M r Sherburne 
M r Wentworth 
M r Blanchard 
M r Weeks 
M r Eastman 
M r Cilley 
M r Clough 
M r Bartlett 
M r Gibson 

Nays. 
M r Connor 
M r Macgregore 
M r Brown 
M r White 
M r Plummer 
Mr Hill 
Mr M^'Clarey 
M r Chamberlain 



M r Palmer 
M r Giles 
Mr Dole 
M r Warner 
M r Parker ■ 
M r Abbott 
Mr Fifield 
M r Gerrish 
M r Shepherd 

Nays. 
M r Bradley 
M r Jo s Smith 
Mr Kellie 
Mr Hale 
M r Badger 
M r Bedee 
Mr N Hoit 
Mr Taylor 



M r Stiles 
M r Whitcomb 
M r Prescutt 
M r Temple 
Mr M Smith 
M r Rand 
M r Allen 
M r Lane 
M r Holmes 

Nays. 
M r Emerson 
M r Barrett 
Mr Clark 
M r Cragin 
M r Flanders 
M r Page 
M r Alexander 



M r Penniman 
M r Morse 
M r Duncan 
M r Burnam 
M r Crawford 
Mr E Hoit 
M r Payne 
M r Young 
M r Eames 

Nays. 
M r Wellman 
M r Grout 
M r Stone 
Mr Kimball 
M r Baker 
M r Freeman 
M r Dame 



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 accordingly — 
Agreably to the order of the day proceeded to a hearing on 
Petitions — 

Upon hearing and considering the Petition of William Bur- 
roughs Jun r 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 c Clarey 
voted that the prayer thereof be granted and that the Petitioner 
have leave to bring in a Bill accordingly — 



I79 1 ] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 157 

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 Tiffany and 
of the Select men of Lyman which 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 — 

The Honb 1 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 1 Christopher Toppan Esq r 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 
they 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 r 15 th 1791. 

The House met according to adjournment 

Voted that M r Badger, M r Warner, M r Page M r Plumer & M r 
Abbott with such of the Honb 1 Senate as they may join be a Com- 
mittee to consider of the Petition of the Trustees of Atkinson 
Academy and report thereon — 

Voted that M r Cilley, M r Kellie and M r Young with such of 
the Honb 1 Senate as they 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 r and others be 
referred to the Committee on the Petition of the Trustees of 
Atkinson Academy and that they report thereon — 

Voted that M r Connor, M r White & M r M c Clarey with such of 
the Honb 1 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 Academy and that they report thereon — 

Voted that M r Gains, M r Badger & M r Dole M r Holmes and 



158 NEW HAMPSHIRE EARLY STATE PAPERS. [ I 79 I 

M r Baker with such of the Honb 1 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 1 ' reported that the said Joseph Whipple have for his 
Services as impost Officer one hundred and thirty five pounds ^ r 
Annum and that he settle his account with the Treasurer accord- 
inglv which report being read and considered voted that it be 
received & accepted — 

Adjourned to Monday next at 3 o'Clock P. M 

MONDAY Jan r 17, 1791. 

The House met according to adjournment 

Voted that the report of Doct 1 ' Samuel Tinney [Tenney] and 
Doct r William Parker a Committee to examine Invalids be 
referred to the Committee on Arrears due to Invalids and that they 1 

report thereon — 
* 14-91 * Voted that M r White, M r Temple and M r Kellie with 

such of the Honb 1 Senate as they may join be a Com- 1 
mittee to consider of the Petition of Samuel Randall & report 1 
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 I 
Hanneford an order for Seven pounds drawn on the Specie Tax 
Dated Jan r 19 th 1790 and destroy the Same and deliver to said 1 
Hanneford an order for the like sum payable from the Revenue ! 
arising from excise — 

Voted that M r Barrett, M r N Hoit and M r White with such of 
the Honb 1 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 accordingly which 
report being read and considered voted that it be received and 
accepted — 

Voted that M r Bartlett, M r Holmes & M 1 ' Whitcomb with such 
of the Honb 1 Senate as they may join be a Committee to consider 
of the Petition of Nathanael Doyne and report thereon — 



I79 1 ] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 1 59 

Voted that M r Toppan, M r Badger, M r Abbott, M 1 Page & M 1 
Crawford [Prescott] with such of the Honb 1 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 r 18 th 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 r Penniman, M r Parker & M r Weeks * 14-92 
with such of the Honb 1 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 — 

Voted that M r Eames M r N Hoit & M r Penniman with such of 
the Honb 1 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 1 * 
in behalf of John Fisher Esq r 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 Clifford 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 NEW HAMPSHIRE EARLY STATE PAPERS. [ I 79 I 

Met accordingly — 

Voted that M r Gains, M r White & M r Badger with such of the 
Honb 1 Senate as they may join be a Committee to consider of the 
Petition of David Webster Esq r and report thereon — 

Voted that the hearing on the Petition of Gideon Tiffany which 
was to have been before 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 — 

Voted that the hearing on the Petition of the Select men Ly- 
man which was to have been this day before the General Court 
be postponed until Friday the 21 st 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 Tuesday 
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 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 a Judgment mentioned in said 
Petition be stayed until the determination of the General Court 

The Honb 1 Christopher Toppan Esq 1 ' having declined accepting 
his appointment as Senator — The Honb 1 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 1 John Pickering and the Honb 1 John Bell Esqr s 
* 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 1 John Bell Esq 1 — 

Voted that the hearing on the Petition of Stephen Herriman 
Esq r 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 — 

Voted that the hearing on the Petition of the select men of 
Wendall which was to have been this day before the General 



I79 1 ] JOURNAL OF THE HOUSE OF REPRESENTATIVES. l6l 

Court be postponed until friday next of which all persons con- 
cerned are to take notice and govern themselves accordingly — 

Voted 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 w r hy 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 r 19 th 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 * I 4 _ 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 — 

Voted that M r Gains, M r Hoit, M r Taylor, M r Page & M r Free- 
man with such of the Honb 1 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 
i 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 
I commissioner of the United states that said Accounts may be laid 
before Congress and that they report thereon — 



162 



NEW HAMPSHIRE EARLY STATE PAPERS. 



[1791 



An Act to enable John Fisher Esquire to take hold and convey 
certain Lands in Lyman in the County of Grafton 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. 


M 1 ' Gains 


M r Clough 


M r Page 


Mr 


Stone 


M r Sherburne 


M r Bartlett 


M r Shepherd 


Mr 


Duncan 


M 1 Wentworth 


M r Palmer 


M r Prescutt 


Mi 


Burnam 


M r Connor 


M r Badger 


M r Alexander 


M r 


Crawford 


M r Macgregore 


M r M c Millan 


Mr Rand 


Mr 


E Hoit 


M>- Weeks 


M* Dole 


M 1 ' Lane 


Mi 


Payne 


M r Brown 


M r Parker 


M r Grout 


M* 


Tarlton 


M r Plummer 


M r Barrett 


M 1 ' Holmes 


Mr 


Dame 


M* Hill 


M r Gerrish 


Mr Morse 


M 1 


Eames 


M r M c Clarey 










Nays. 


Nays. 


Nays. 




Nays. 


M r Blanchard 


Mi'N Hoit 


M r Wellman 


Mi- 


Baker 


M r Bradley 


Mr Allen 


M 1 ' 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 voted 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 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 — 

Upon reading and considering the Petition of Thomas Simpson 
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 Petitionees named in said Petition be served with a 
Cop}' of this Petition and order of Court thereon two months pre- 
vious to 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 — 

Agreably to the order of the day proceeded to a hearing on 
Petitions — 

Upon hearing and considering the Petition of Thomas Cochran 



I79 1 ] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 163 



Jun 1 ' voted that the prayer thereof be granted and that he have 
leave to bring in a Bill accordingly — Sent up by M 1 ' Temple 

Upon hearing and considering the Petition of Jonathan Blake 
Esq r voted that the prayer 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 by M r 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 1 ' Temple 
Adjourned to 9 o'Clock to morrow morning 

THURSDAY Jan r 20 th 1791. 

The House met according to adjournment 
Upon reading and considering the Petition of David Webster 
Esq r and the report of a Committee thereon voted that the Peti- 
tioner 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 William Simpson Esq 1 ' 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 — 

Sent up by M r Grout 
On granting the day of hearing above mentioned the yeas and 
nays were called and are as follows — 

Yeas. Yeas. Yeas. Yeas. 



M r Gains 


M r Bradley 


M 1- Warner 


M r Holmes 


Mr Blanchard 


M 1 ' Bartlett 


M r Parker 


M r Stone 


M r Toppan 


M r Smith 


Mr Clark 


M r Duncan 


M r Brown 


M r Palmer 


M r Cragin 


M r Baker 


M r White 


Mr Badger 


M 1 ' Fifield 


M r Burnam 


M r Eastman 


Mr Giles 


Mr Shepherd 


M r Crawford 


M r Plummer 


Mr Bedee 


Mr Stiles 


M r Hoit 


Mr Cilley 


Mr N Hoit 


M r Smith 


M r Freeman 


M r M^Clarey 


Mr McMillan 


M 1 " Wellman 


M 1 ' Young 


M r Clough 


M 1 " Taylor 


M r Lane 


M 1 ' Eames 


M r Chamberlain 


M r Emerson 


Mr Grout 




Nays. 


Nays. 


Nays. 


Nays. 


M r Macgregore 


Mr Abbott 


M r Prescutt 


M r Allen 


Mr Weeks 


M 1 ' Gerrish 


M r Alexander 


M 1 ' Penniman 


Mr Keliie 


M r Page 


M 1 ' Temple 


M r Morse 


M r Barrett 


M r Whitcomb 


M r Rand 


M r Dame 



i6 4 



NEW HAMPSHIRE EARLY STATE PAPERS, 



[1791 



43 Yeas — 16 nays So it was granted — 

Upon hearing and considering the Petition of the Inhabitants of 
the Northwest part of Lyndborough and the Report of a Com- 
mittee thereon appointed at the last Session to view the Situation 
of the Petitioners, voted that the prayer of the Petition be so far 

granted as that the Petitioners be Incorporated into a 
* 14-98 Town agreably to the report of said * Committee and 

that the Petitioners 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. 


M r Gains 


Mr Giles 


M r Flanders 


M r Duncan 


M r Wentworth 


Mr Hoit 


M r Shepherd 


M r Burnam 


M r Blanchard 


Mr McMillan 


M r Prescutt 


M r Crawford 


M r Eastman 


M r Emerson 


M r Temple 


M r Payne 


Mr Cilley 


M r Parker 


Mr Allen 


M r Tarlton 


M r Clough 


M r Barrett 


M r Holmes 


M r Dame 


M r Bradley 


M r Abbott 


M r Penniman 


M r Young 


M r Bartlett 


M r Cragin 


M r Morse 


M r Eames 


Mr Kellie 


Mr Fifield 


Mr Kimball 




Nays. 


Nays. 


Nays. 


Nays. 


M r Connor 


M r M c Clarey 


M r Warner 


M r Wellman 


M r Macgregore 


M r Chamberlain 


M r Gerrish 


M r Lane 


M r Weeks 


M r Gibson 


M r Page 


M r Grout 


M r Toppan 


M r Palmer 


M r Stiles 


M r Stone 


M r Brown 


M r Badger 


M r Whitcomb 


M r Baker 


M r White 


M 1 ' Bedee 


M r Alexander 


Mr E Hoit 


M r Plummer 


Mr Taylor 


M r M Smith 


M r Freeman 


M«- Hill 


Mr Dole 


Mr Rand 





35 Yeas — 31 Nays — so it passed in the Affirmative 

Sent up by M r Grout 

Whereas it hath been made to appear that the personal attend- 
ance of Jonathan Fogg is necessary as a Witness on the hearing 
of the Petition of Maj 1 " William Boynton to be had this 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 r ~Dow, M r Plummer, M r Payne, M r Abbott and 
M r White with such of the Honb 1 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 r Burnam 

* Voted that the excise on exciseable articles from the * 14-99 
I st 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 Quantity 
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 — 
Voted 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 

Voted that M r Cilley, M r Allen & M r Kellie with such of the 
Honb 1 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 Hey wood — 
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 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 by M r Emerson 

Voted that M r Freeman, M r Macgregore M r Whitcomb M r 



1 66 NEW HAMPSHIRE EARLY STATE PAPERS. [ I 79 I 

Smith & M r Chamberlain with such of the Honb 1 Senate as they 
may join be a Committee to consider of the Petition of Samuel 
Dana and Stephen Dole Esquires and report thereon — 

Sent up by M r Emerson 

Whereas the Inferior Court of Common pleas by Law to be 
holden at Portsmouth in the County of Rockingham on the first 
Tuesday of February next w r ill 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 hereby is adjourned to the fourth 
Tuesday of February 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- 
inglv — Sent up by M 1 ' 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 Successively Six weeks 
* 14-101 prior* to the sitting of said Court that an}' 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 r Bradley 

Voted that M r Holmes, M r Allen and M 1 ' Wellman with such of 
the Honb 1 Senate as they may join be a Committee to consider of 
the Petition of William Loudon & report thereon — 

Sent up by M r 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 r Bradley 

Adjourned to 9 o'Clock to morrow morning 



I79 1 ] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 



167 



FRIDAY Jan r 2i ht 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 
voted that the Petition be dismissed — ] 

Upon hearing and considering the Petition of Maj r William 
Boynton, motion was made that the prayer of said Petition be 
granted, on which motion the yeas and nays were called and are 
as follows — 



Yeas. 

M r Wentworth 
Mr Cilley 
M r M c Clarey 
M r Clough 
M r Chamberlain 
M r Bradley 
M r Bartlett 
M r Gibson 
M r Palmer 

* Nays. 

M r Gains 
M r Connor 
M r Blanchard 
M r Weeks 
M r Brown 



Yeas. 

M r Taylor 
Mr Dole 
M r Barrett 
Mr Clark 
Mr Cragin 
Mr Fifield 
M r Gerrish 
M r Prescutt 
M 1 ' Alexander 

Nays. 

Mr White 
M r Eastman 
Mr Hill 
M r Jo s Smith 
Mr Kellie 



Yeas. 

M r Temple 
Mr M Smith 
Mr Rand 
Mr Allen 
M r Wellman 
M r Lane 
M r Holmes 
M r Stone 



Nays. 

M 1 ' Giles 
M r Bedee 
Mr N Hoit 
Mr McMillan 
M r Shepherd 



Yeas. 

M r Kimball 
M r Baker 
M r Burnam 
M r Crawford 
M r Payne 
Mr Tarlton 
M r Dame 
M r Young 

Nays. * I4-IO2 

M 1 ' Stiles 
M r Whitcomb 
Mr Grout 
M r Penniman 
M r Morse 



34 Yeas — 20 Nays — so the prayer thereof was granted and 
the Petitioner hath leave to bring in a Bill accordingly — 

Sent up by M 1 Warner 
Voted that M r Gaines, M r Warner and M r Clough with such of 
the Honb 1 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 by M r 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 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 
Town of Unity three weeks Successively Six weeks prior to the 



l68 NEW HAMPSHIRE EARLY STATE PAPERS. [ I 79 I 

said day of hearing that any person or persons may then appear 
and shew cause why the prayer thereof may not be granted — 

Sent up by M r Brown 

Voted that M r Barrett M r Hoit and M r Macgregore with such 
of the Honb 1 Senate as they may join be a Committee to consider 
of the Petition of Mary Neal and John Neal and report thereon — 

Sent up by M r Brown 

Voted that the Account of George Osborne be referred to the 
Committee on the account of George Hough and that they report 
thereon — Sent up by M r Alexander 

Voted that M r Macgregore, M r Gibson & M r Abbott with such 
of the Honb 1 Senate as they may join be a Committee to consider 
of the Petition of John Orr Esq 1 ' & report thereon 

Sent up by M 1 ' Alexander — 
* 14-103 * Voted that M r Page M r Crawford & M r Bartlett with 
such of the Honb 1 Senate as they may join be a Com- 
mittee to consider of the Petition of Doct r Nathan Smith and report 
thereon — Sent up by M 1 ' 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 r Young & M r 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 r Burn am 

An Act to restore Elisabeth M c Clarey to her Law — was read a 
third time and passed to be Enacted — 

Sent up by M r Ciough & M 1 ' 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 ^ r 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 r Ciough & M r 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 1 Ciough & M r Flanders 



1791] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 169 

An Act to enable Supply Clap Esq r Joseph Champney merchant 
and Jane Boyd widow all of Portsmouth in the County of Rock- 
ingham Executors of the last will and Testament of George Boyd 
late of Portsmouth Esq r 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 1 ' deceased — was read a 
third time and passed to be Enacted — 

Sent up by M r Smith & M r 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 r Smith & M r 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 voted 
that it be received and accepted — Sent up by M r 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 Copy 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 r Dame 

Agreably to the order of the day proceeded to a hearing on 
Petitions — 

Upon hearing and considering the Petition of the Heirs of John 
Wentworth Esq 1- deceased voted that the prayer thereof be granted 
and that they have leave to bring in a Bill accordingly — 

Sent up by M r 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 by M r Shepherd — 



I/O NEW HAMPSHIRE EARLY STATE PAPERS. [ I 79 I 

Upon reading and considering the Petition from Wendall voted 
that the Petitioners have leave to bring in a Bill for raising a Tax 
of one half penny ^ r year for three years on each Acre of land in 
Wendall — Sent up by M r Connor — 

Voted that M r Cilley, M r Page & M r Sherburne with such of 
the Honb 1 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 r Smith 

Voted that the hearing on the Petition of Joseph Hicks Esq 1 " 
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 
accordingly — Sent up by M r 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 directing the manner of levying and collecting 
said Taxes — Sent up by M r 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 contiguous to fort William & Mary with a plan of 
the Fort and light house as soon as conveniently may be — 

Sent up by M r Chamberlain 

An act to impower the select men of Wolfborough to assess 
and collect a Tax of one penny ^ r 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 r Hill & M 1 ' Eames 
* 14-106 * Adjourned to 9 o'Clock to morrow morning 

SATURDAY Jan r 22 d 1791. 

The House met according to adjournment 
The Committee on the Petition 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 voted that it be received and accepted — 

Sent up by M r Gibson 
Upon reading and considering the Petition of William Page of 
Charlestown in behalf of the Inhabitants thereof and the report of 



I79 1 ] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 171 

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 money by 
Lottery — Sent up by M r Smith 

Upon reading and considering the Petition of the Trustees of 
Chesterfield Academy voted that the prayer thereof be granted and 
that they have leave to bring in a Bill for raising one thousand 
pounds by Lottery, for the purpose mentioned in said Petition — 

Sent up by M r 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 Lottery for the purpose mentioned in said 
Petition — Sent up by M r 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 M r 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 
fifteen 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 r 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 r Prescutt 

Resolved that it is the Opinion of this House that Woodbury 
Langdon Esq 1 ' 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 — 



172 



NEW HAMPSHIRE EARLY STATE PAPERS. 



[1791 



Yeas. Yeas. Yeas. Yeas. 

M r Macgregore M r Hale M r Prescutt M r Grout 

M r Blanchard M r Copp M r Alexander M r Kimball 

M r White M r Warner M r Temple M r Duncan 

M r Eastman M r Wallace M r M Smith M r Baker 

Mr Hill Mr Fifield M^ Rand M' Payne 

M r Chamberlain M r Page M r Allen M r Tarlton 

M r Jo s Smith M r Shepherd M r Wellman M r Dame 

M r Palmer M r Stiles M? Lane M r Young 

Nays. Nays. Nays. Nays. 

M r Gains M r M c Clarey M r Parker M r Penniman 

M r Sherburne M* Clough M r Barrett M r Morse 

M r Wentworth M>' Bradley M r Clark M* Stone 

M r Weeks M r Gibson M r Cragin M r Crawford 

Mr Brown M r Kellie M r Gerrish M r E Hoit 

M r Plummer M r N Hoit M r Whitcomb M r Eames 
M r Cilley 

32 Yeas — 25 Nays — so it passed into a Resolve — 
* 14-108 * Resolved that it is the Opinion of this House that the 

said Woodbury Langdon Esq 1- in writing a letter ad- 
dressed to the President of this State and sundry papers inclosed 
addressed to the Honb 1 Senate with desire that the same be com- 
municated to both Houses of the Legislature (which has been 
done) is guilty of a Contempt of both Houses and especially to 
the said Honb 1 Senate in as much as the Same papers contain 
pleas and answers to matters that are and ought to come before 
the said Honb 1 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 1 Senate in a cause that is judicially to come before them and 
that the said papers contain Scandalous insinuations injurious to 
the characters of the Members of both houses and of many 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 follows — 



Yeas. 
M* Wentworth 
M r Macgregore 
M r Blanchard 
M r White 
M r Eastman 
M* Hill 

M 1 ' Chamberlain 
M>- Jo B Smith 
W Palmer 



Yeas. 
Mi" Hale 
M* McMillan 
M r Warner 
M r Wallace 
M* Fifield 
M r Page 
M r Shepherd 
M* Stiles 



Yeas. 
M r Prescutt 
M r Alexander 

M r Temple 
M* M Smith 
M r Rand 
M* Allen 
M r Wellman 
M r Lane 



Yeas. 
M r Grout 
M r Stone 
M r Kimbali 

M r Duncan 
M r Payne 
M r Tarlton 
M r Dame 
M r Young 



I79l] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 173 



Nays. 


Nays. 


Nays. 


Nays. 


M r Gains 


M r M c Clarey 


M r Parker 


M r Penniman 


M r Sherburne 


M r Clough 


M r Barrett 


Mr Morse 


M r Weeks 


M r Bradley 


Mr Clark 


M 1 ' Baker 


M r Brown 


M r Gibson 


Mr Cragin 


M r Crawford 


M r Plummer 


Mr Kellie 


M r Gerrish 


Mr E Hoit 


M r Cilley 


Mr N Hoit 


M r Whitcomb 


Mr Eames 



33 Yeas — 24 Nays — so it passed into a Resolve 
Upon hearing and considering the Petition of the Inhabitants of 
Pelham voted 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 r Prescutt 
Adjourned to Monday next at 9 o'Clock AM — 

MONDAY Jan r 24 th 1791. 

The House met according to adjournment 
The vote for granting the prayer of the Petition of the Heirs of 
Col John Wentworth came down from the Honb 1 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 
Execution and legal costs on a levy to be served by the sheriff or 
some deputy by him specially appointed for 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 r Gains — 
Upon reading and considering the Petition of Otis Baker and 
others and the Petition of Richard Tripe & others voted that they 
be refered to the Committee on the Petition of Jacob Green & 
Enoch Noyes and that they report thereon — 

Sent up by M 1 ' Gains 
Voted that M r White, M 1 ' Barrett and M r Macgregore with 
such of the Honb 1 Senate as they may join be a Committee to con- 
sider of the Petition of Benjamin Prescutt and report thereon — 

Sent up by M r Gains 



174 NEW HAMPSHIRE EARLY STATE PAPERS. [ I 79 I 

An Act to make good a title to certain lands in Hancock to 
Thomas Cochran Jun r and others the original Deed of which is 
lost — was read a third time and passed to be Enacted — 

Sent up by M r Gains & M r Smith 
Voted that the Account of Cap 1 Joseph Smith amounting to 
thirty Six shillings be allowed & paid out of the Treasury bv 
order of the President — Sent up by M r Stiles — 

* 14-110 *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 for rasing a 
Tax of one half penny ^ r year on every acre of Land in said 
Town for the term of three years — Sent up by M 1 * Stiles 

Adjourned to 3 o'Clock P. M — 

Met accordingly 

Voted that M r Whitcomb, M r Wellman & M r Hill with such of 
the Honb 1 Senate as they may join be a Committee to consider of 
the Petition of Alexander Plumbley and report thereon — 

Sent up by M 1 ' Holmes 

The Honb 1 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 Lvndsborough 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 1 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 
Lyndsborough and that said Committee notify the Petitioners 
from the Several Towns Seasonably of the time place and design 
of their meeting — Sent up by M 1 ' Holmes 

Voted that the account of George Jerry Osborne amounting to 
Sixty live pounds Seven shillings and three pence be allowed and 
paid out of the Treasury by order of the President 

Sent up by M r 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 for said Sum — 

Sent up by M 1 ' 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 



I79 1 ] 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 1 " for the above purposes and that the 
President give order accordingly — Sent up by M 1 ' M c Millan 

Voted that M 1 ' Temple M r Copp and M r Well man with such of 
the Honb 1 Senate as they may join be a Committee to consider of 
the Petition of Michael Dwyer and report thereon — 

Sent up by M r Crawford 
Adjourned to 9 o'Clock to morrow morning — 

TUESDAY Jan r 25 th 1791. 

The House met according to adjournment 
An Act in Addition to and to alter an Act intitled an Act to set 
off and Incorporate a number of the Inhabitants living in the 
Northwest part of Amherst into a parish passed the twenty fourth 
day of January 1789 — was read a third time and passed to be 
Enacted — Sent up by M r Warner & M r Copp — 

Voted 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 by 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 by M 1 ' Warner — 

Voted that M r Cragin, M r Wentworth M r Holmes M r Gains & 
M r Kimball with such of the Honb 1 Senate as they may join be a 
Committee to consider of the Memorial and Petition of Jonathan 
Chase Esq 1 ' and report thereon — Sent up by M r Brown 

The Committee on the Petition of Mary Neal and John Neal 
administrators to the Estate of John Neal Esq 1 ' 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 1 ' in his life time of Robert Smith Agent of the 
confiscated Estate of Stephen Holland Esq 1 ' an Absentee Referance 
being had to the deed of conveyance from the said Robert to 
the said John Neal Esq 1 ' since deceas d bearing date on or about 
the 24 th of May 1781 for a particular description of said Lands — 



176 NEW HAMPSHIRE EARLY STATE PAPERS. [ I 79 I 

The said Stephen Hollands deed of certain lands to one John 
Quigley Esq r notwithstanding — which report being read and con- 
sidered voted that it be received and accepted — 

Sent up by M r Allen 
Voted that M r Blanchard, M r E Hoit and M r Warner with such 
of the Honb 1 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 r Lane 
Adjourned to 3 o'Clock P. M — 
Met accordingly — 
Voted that M r White, M 1 ' Abbott & JVT Gerrish with such of the 
Honb 1 Senate as they may join be a Committee to consider of the 
Petition of Rebecca Barrett and report thereon — 

Sent up by M r Wentworth 
Voted that the Account of the Honb 1 Phillips White Esq r 
amounting to Sixteen pounds, Sixteen shillings be allowed and 
paid out of the Treasury by order of the President — 

Sent up by M r Toppan 
Voted that M r Plummer, M r Toppan, M r Holmes JVT Cilley and 
M r Gibson with such of the Honb 1 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 r Fifield 

Voted that M r Abbott, M r Allen & M r [E.] Hoit with such of 
the Honb 1 Senate as they may join be a Committee to consider of 
the Petition of Archibald M c Murphy Esq 1 ' & report thereon — 

Sent up by M 1 " M c Gregore 
Adjourned to 9 o'Clock to morrow morning 

WEDNESDAY Jan* 26 th 1791 

The House met according to adjournment 
M4-113 * Voted that M r Wallace, M r Connor M r Abbott, M r 
Sherburne and M 1 ' Eames with such of the Honb 1 Sen- 
ate as the}' may join be a Committee to consider of the Petition of 
William Vans & others and report thereon — 

Sent up by M 1 ' Burn am 
Voted that Col" David Page be directed to apply to Cap 1 Josiah 
Gil man 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 an attested Copy in their hands — 

Sent up by M r Burnam 



I79 1 ] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 177 

Voted that M r Plummer M r Badger, M r Abbott M r Whitcomb & 
M 1 ' Paine with such of the Honb 1 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 r Burnam 

Voted that M r Warner, M r Sherburne, M r Badger M r Holmes 
[Hale] and M r Young with such of the Honb 1 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 1 Dame 

Voted that M 1 ' Badger and M r Hale be added to the Committee 
on the Petition of Archibald M c Murphy Esq 1 ' and that they report 
thereon — Sent up by M r Dame 

Voted 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 r Stiles 

Voted that a paper signed Samuel Payne be referred to the 
Committee on the Petition of Jonathan Chase Esq r and that they 
report thereon — Sent up by M r 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 1 Senate against 
* Woodbury Langdon Esq r be instructed to enter a noli * 14-114 
prosequi to said Impeachment — 

Whereas Woodbury Langdon Esq 1 ' 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 1 Senate to answer to said Impeachment on the 25 th 
of January 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 1- 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 hereby are requested to remove the said 
Woodbury Langdon Esq 1 ' from his office of Justice of the Supe- 
rior Court of Judicature of said State Sent up by M r Crawford 

Voted that the Petition of the Select men of Pembrook and 
the Select men of Bow be referred to the Committee on the 



178 NEW HAMPSHIRE EARLY STATE PAPERS. [ I 79 I 

Petition of Jacob Green and Enoch Noyes and that they report 
thereon — Sent up by M r Bartlett 

The vote for granting the prayer of the Petition of Samuel 
Randall came down from the Honb 1 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 by M r 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 by M r 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 r Prescutt 

An Act to set aside the levy of an Execution heretofore made 
upon the Estate of the late Honb 1 John Wentworth Esq r 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 by M r Cilley & M r Whitcomb 
Voted that M r Eastman, M r Gains, M r Allen, M r Hoit & M r 
Weeks with such of the Honb 1 Senate as the} 7 may join be a Com- 
mittee to consider of the Petition of the Select men of Plastow 
and report thereon — Sent up by M r 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 1 ' Young & M r 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 M r Hill & M r Holmes 
Adjourned to 9 o'Clock to morrow morning 



I791] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 179 

THURSDAY Jan r 27 th 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 r Crawford & M r Tarlton 

An Act to impower the Inhabitants of Alexandria in the County 
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 M r Stiles & M r Wentworth 

* Voted that William Harper Esq r 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 r Stiles 

Voted that M r Wentworth, M r White, M r Sherburne M r Whit- 
comb & M r Allen with such of the Honb 1 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 r Stiles 

Voted that M r Connor, M 1 ' Macgregore & M r White with such 
of the Honb 1 Senate as they may join be a Committee to consider 
of the Petition of John Nesmith and report thereon — 

Sent up by M r Flanders — 

Voted that M r Taylor M r Jo s Smith & M r Gibson with such of 
the Honb 1 Senate as they may join be a Committee to consider of 
the Petition of Isaac Baldwin and report thereon — 

Sent up by M 1 Flanders — 

The House resolved themselves into a Committee of the whole 
on the report of the Select Committee on Money in the Treasury 
outstanding Taxes &c — M r 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 

Voted that the hearing on the Petition of Richard Sincler Jun r 

which was to have been this day 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 r Morse 

The House again Resolved themselves into a Committee of the 
whole on the Subject matter of appropriating the money in the 



l80 NEW HAMPSHIRE EARLY STATE PAPERS. [ I 79 I 

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 r Sherburne in 

behalf of the Committee reported progress — 
* 14-117 * Adjourned to 9 o'Clock to morrow morning 

FRIDAY Jan* 28 th 1791. 

The House met according to adjournment 
x\n 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 by M r Hill & M r Penniman 
Voted that M r Parker, M r Taylor and M r Shepherd with such 
of the Honb 1 Senate as they may join be a Committee to consider 
of the Account of Ozias Silsby and report thereon — 

Sent up by M r 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 voted 
that it be received and accepted — Sent up by M r Gibson 

Voted that M r Hoit, M r Warner & M r Macgregore with such) 
of the Honb 1 Senate as they may join be a Committee to consider! 
of the Petition of John Livingston & report thereon 

Sent up by M r Baker 
Voted that the Account of William Page Esq 1 ' and others be 
refered to the Committee on the Account of Jacob Green & that 
they report thereon — Sent up by M r Baker 

Voted that the Account of J D Griffith be refered to the Com- 
mittee on the printers accounts — Sent up by M 1 ' Grout 

The Committee appointed to consider of the Petition of Daniel 
Rindge Esq r and others reported that his Excellency the Presi- 
dent with the Honb 1 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 soi 
far as may be necessary to determine what sums are due to the 
Members of the 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 



I79 1 ] JOURNAL OF THE HOUSE OF REPRESENTATIVES. l8l 

Counsellors at Seven Shillings ^ r day each for their 
attendance and the said Representatives *Six Shillings * 14-118 
*§ r day each for their attendance in said General Court 
and a proper roll of said arrears being made and certified that his 
Excellency 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 r Grout 

The vote for postponing the hearing of the Petition of Richard 
Sincler Jun 1 ' to Thursday next came down from the Honb 1 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 by M r Grout 

Voted that M r Hill, M r Connor and M r Whitcomb with such of 
the Honb 1 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 r Abbott 

Voted that the Account of Supply Clap Nath 11 Rogers and 
Nath 11 Gilman Esquires amounting to twelve pounds be allowed 
and paid out of the Treasury by order of the President — 

Sent up by M r Abbott— 

Voted that M r Wentworth M r Hale & M r Plummer with such 
of the Honb 1 Senate as they may join be a Committee to consider 
of the Petition of Ebenezer Thompson Jun r and report thereon — 

Sent up by M r Warner 

Voted that M r Gains, M r Plummer, M r Barrett M r Bradley & 
M r Baker with such of the Honb 1 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 r 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 

tvt tt r £ Exeter December o 1700 — 

JNew Hamp 1 $ " Iy 

Pursuant to a vote of the Honb 1 General Court passed at Con- 
cord the 1 8 th day of June last appointing us the Subscribers a 
Committee for Examining and settling the Accounts between the 



l82 NEW HAMPSHIRE EARLY STATE PAPERS. [ I 79 I 

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 st 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 st 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 Twenty 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 st 
1789 for one years Interest and part of the principal of state notes 
dated July 31 st 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 "$ r 
Book of record appears to have 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 from the Treasurer and 
for which new notes & certificates have been issued are of the fol- 
lowing description (viz) Notes for money borrowed of Consoli- 
dated value — Thirty four pounds fifteen shillings and ten 
* 14-120 pence — Bounty Notes fifty nine pounds fifteen *Shil- 
lings and Six pence — Depreciation Notes twenty five 
pounds fourteen shillings — Consolidated Notes dated July 31 st 1782 
& July 31 st 1784 (nominal amount) Sixteen hundred and ninety five 
pounds four shillings & five pence and others dated July 31 st 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 for 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 



I79 1 ] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 183 

part of the principal of state notes the Sum of Ten Thousand four 
hundred and eleven pounds eighteen shillings & 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 1 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 1 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 1786 & 1787 (as ^ r 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 Thirty 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 for 1789 and 1790 (^ r Order of Court) 
Eight pounds fifteen Shillings and eleven pence — Bounties paid 
on Wolves (^ r Account) Five hundred and thirty one pounds 
paid on Sundry Rolls for travel and attendance of the Honb 1 
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 (^ r 
order of Court) Seven hundred and thirty four pounds fourteen 



184 NEW HAMPSHIRE EARLY STATE PAPERS. [ I 79 I 

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 *§ r 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 1789 (*$ y 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 1789 inclusive as ^ r list Thirty four 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 for Interest on Continental 
Securities — 

The State certificate Account we have also received amounting 
to forty nine thousand five hundred & twenty 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 farthings — Abatements *§* 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 ^ r 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 favour of the Town of Wendall (including Interest) Eighty 
four pounds nineteen shillings and two pence Outstanding on said 
Tax two thousand four hundred & nine pounds ten shillings & Six 
pence (enclusive of Interest from 30 th of November 1788) ( ^ r list) 
and the ballance of Six hundred & fifteen pounds and four pence 
is carried to the credit of State Certificate account — 



I79l] 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 shillings four 
pence is accounted for as follows (viz) Presidents order in favour 
of Thomas Odiorne for thirty eight pounds thirteen shillings and 
one penny half penny. Outstanding (^ r 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 1 ' 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 — 

An 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 1 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 ^ r 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 thirty 
three thousand one hundred & forty eight dollars and Sixty three 
ninetieths of a Dollar which are also in the Treasury on which 



l86 NEW HAMPSHIRE EARLY STATE PAPERS. [ I 79 I 

Interest appears to have been paid up to the 31 st day of December 
1787 and for which interest the state has been credited — 

The Several Accounts — Orders — Notes — Certificates Indents 
&c which we have received are ready to be delivered to the Order 
of the Honb 1 Court at the Same time beg leave to observe that 
the Accounts have been kept in a very regular and fair manner 
are right cast and well vouched except the Expence Account 
which is not warranted by any order but is submitted to the Honb 1 
Court — C Supply Clap ^ 

Signed } Nath 11 Gilman i Com tee 
( Nath 11 Rogers ) 

N. B. The Treasurer in renewing some notes belonging to 
Maj r Caleb Stark & Maj 1 ' 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 five pence 

be allowed — Sent up by M r 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 r Warner & M r 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 Treasury Twenty pounds, 
and that the President give order accordingly — 

Sent up by M r Smith 

Upon reading and considering the Petition of the Inhabitants of 
Hampstead praying that the time of holding the Annual meeting 
in said Town may be altered — voted that the prayer thereof be 
granted and that thev have leave to bring in a Bill accordinglv — 

Sent up by M r 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) 



I79 1 ] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 



187 



Yeas. Yeas. Yeas. Yeas. 

M r Gains M r Giles M r Whitcomb M r Stone 

M r Sherburne M r N Hoit M r Prescutt M r Duncan 

M r Macgregore M r Copp M r Alexander M r Burnam 

M r Clough M r M c Millan M r Temple M r Freeman 

M r Chamberlain M r Taylor M r M Smith M r Payne 

M r Barrett M r Warner M r Rand M r Tarlton 

M r Kellie Mr Fifield Mr Allen M' Dame 

M r Palmer M r Flanders M r Wellman M r Young 

M r Hale M r Page M r Holmes 

Nays. Nays. Nays. Nays. 

M r Connor M r M c Clarey M r Emerson M r Shepherd 

M r Blanchard M r Bradley M r Parker M r Stiles 

M r Weeks M r Jo s Smith M r Abbott M r Lane 

M r Brown M r Gibson M r Clark M r Grout 

M r White M r Badger M r Cragin M r Penniman 

M r Eastman M r Bedee M r Wallace M r Morse 

M r Plummer M r Dole M r Gerrish M r Crawford 
M r Cilley 

35 Yeas — 29 Nays — so it passed in the affirmative 
On report of the Committee that Six Shillings & eight pence be 
received in lieu of Twenty shillings in Indents for the outstanding 
Indent Taxes now uncollected, the Yeas and Nays were called 
and are as follows — (viz) — 

Yeas. 
M r Alexander 
M r Temple 
Mr Rand 
Mr Allen 
M r Wellman 
M r Holmes 
Mr Stone 



*Yeas. 
M r Gains 
M r Sherburne 
M r Macgregore 
M r Clough 
M r Chamberlain 
M r Bartlett 
M r Palmer 
Mr Hale 

Nays. 
M r Connor 
Mr Blanchard 
Mr Weeks 
M r Brown 
M r White 
M r Eastman 
M r Plummer 
Mr Hill 
M r Cilley 



Yeas. 
M r Bedee 
Mr N Hoit 
Mr Copp 
Mr Taylor 
M r Warner 
Mr Fifield 
M r Flanders 
M r Whitcomb 

Nays. 
M r M c Clarey 
M r Bradley 
M r Jo s Smith 
M r Gibson 
Mr Kellie 
M r Badger 
M r Giles 
Mr McMillan 
Mr Dole 



Yeas. * 14-121 
M r Baker 
M r Burnam 
M r Crawford 
M r Freeman 
M r Tarlton 
M r Dame 
M r Young 



Nays. 
M r Emerson 
M r Parker 
M r Abbott 
Mr Clark 
M r Cragin 
M r Wallace 
M r Gerrish 
M r Page 
M r Shepherd 



Nays. 
M r Stiles 
M r Prescutt 
Mr M Smith 
M r Lane 
M r Grout 
M 1 * Penniman 
M 1 ' Morse 
M r Duncan 
M r Pavne 



30 Yeas — 36 Nays — so it passed in the Negative 
Motion was made that eight shillings in Specie be received in 
lieu of twenty shillings in Indents for outstanding Indent Taxes 



i8S 



NEW HAMPSHIRE EARLY STATE PAPERS. 



[I 79 I 



now uncollected, on which motion the yeas and nays were called 
and are as follows (viz) — 



Yeas. 


Yeas. 


Yeas. 


Yeas. 


M r Gains 


M* Hale 


Mr Fifield 


M r Lane 


M r Sherburne 


Mr Giles 


M r Flanders 


M r Holmes 


M r Macgregore 


M r Bedee 


M 1- Page 


M r Penniman 


M r Blanchard 


Mr N Hoit 


M r Stiles 


M r Stone 


M* Weeks 


M r Copp 


M r Whitcomb 


M r Duncan 


Mr White 


Mr McMillan 


M r Prescutt 


M r Baker 


M r M c Clarey 


M 1 ' Tavlor 


M 1 ' Alexander 


M r Burnam 


M r Clough 


Mr Dole 


M r Temple 


M r Crawford 


M r Chamberlain 


M r Warner 


M r Smith 


M r Payne 


M r Bradley 


M r Parker 


M r Rand 


Mr Tarlton 


M r Bartlett 


M r Abbott 


M r Allen 


M r Dame 


Mr Kellie 


Mr Clark 


M r Wellman 


M r Young 


M r Palmer 








Nays. 


Nays. 


Nays. 


Nays. 


M r Connor 


Mr Hill 


M r Emerson 


M r Gerrish 


M r Toppan 


Mr Cilley 


M r Barrett 


Mr Shepherd 


M r Brown 


M r J o s Smith 


M r Cragin 


M r Grout 


M r Eastman 


M r Gibson 


M r Wallace 


M r Morse 


M r Plummer 


M r Badger 







49 Yeas — 18 Nays, 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 County 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 r Tarlton 

Voted that, that part of the report of the Committee of the 
whole which respects funding the old Continental money final 
Settlements and Indents be accepted and that his Excellency the 
President the Ilonb 1 the Chief Justice and the Treasurer of this 
state are appointed agents for that purpose 

Adjourned to 9 oClock to morrow morning — 



I79 1 ] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 



SATURDAY Jan r 29 1791. 

The House met according to adjournment — 
Upon reading and considering the Petition of John Wendall 
Esq 1 ' and the report of a Committee thereon, voted that the prayer 
thereof be granted and that he have leave to bring in a Bill ac- 
cordingly — Sent up by M r Tarlton. 

Resolved that all Specie orders or orders drawn by 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 that M r Toppan, M r Gains, M r Copp, M r Hoit and M r 
Freeman with such of the Honb 1 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 
calculating the value by the scale of depreciation at the 
time of the date of said Bills & report thereon 

Sent up by M r Dame 
The Committee on the Petition of Maj 1 ' Bradbury Cilley re- 
ported that he have leave to withdraw his Petition on reading of 
which report the yeas and Nays were called and are as follows 
(viz)— 

Yeas. Yeas. Yeas. Yeas. 



M r Gains 
Mr Weeks 
M r Brown 
M r White 
M r Eastman 
M r Clough 
M r Bartlett 
M r Jo* Smith 
M r Gibson 

Nays. 
M r Sherburne 
M r Wentworth 
M r Connor 
M r Macgregore 
Mr Blanchard 
M r Toppan 
M r Plummer 

35 Yeas — 25 Nays So the liberty was granted & the Petition 
was withdrawn — 



Mr Kellie 
Mr Hale 
Mr Dole 
M r Emerson 
Mr Barrett 
M r Cragin 
M r Wallace 
M r Gerrish 
Mr Stiles 

Nays. 
M r McClarey 
M r Chamberlain 
M r Bradley 
M r Palmer 
M r Badger 
Mr Giles 



Mr Whitcomb 
M r Prescutt 
M r Alexander 
M r Smith 
M r Rand 
M r Allen 
M r Wellman 
M r Lane 
M r Penniman 

Nays. 
M r Bedee 
Mr N Hoit 
M r McMillan 
M r Warner 
Mr Abbott 
Mr Clark 



M r Morse 
Mr Stone 
M 1 ' Baker 
M r Burnam 
Mr Crawford 
M r Payne 
M r Tarlton 
M r Dame 

Nays. 
Mr Page 
M r Temple 
M r Grout 
M r Duncan 
M r Freeman 
M r Young 



I9O NEW HAMPSHIRE EARLY STATE PAPERS. [ I 79 I 

Voted that M r Toppan, M r Gains, M r Copp, M r Hoit & M r 
Freeman with such of the Honb 1 Senate as they 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 Treasury 
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 r 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 r McMillan 
* 14-1 29 * 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 
money by the Treasurer out of the Tax due from said Town for 
the year 1780 it being so much due for Seven hundred weight of 
Beef delivered to Joseph Badger Jun 1 ' 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 by M 1 ' 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 third 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 
Vermont 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 stayed until a determination of said 
Court Sent up by M r Bartlett 

Voted that M r White, M r Hoit M r Abbott, M r Crawford & M r 
Page with such of the Honb 1 Senate as they may join be a Com- 
mittee to take into consideration the proposals lodged with the 
Secretary for all or any 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 r Gains 

Adjourned to Monday next at 9 o'Clock A. M — 



I79 1 ] JOURNAL OF THE HOUSE OF REPRESENTATIVES. I9I 

MONDAY Jan r 31 st 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 r was 
chosen for that purpose — 

Voted that M r White, M r Emerson & M r Giles with such of 
the Honb 1 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 r M c Millan 

Upon reading and considering the Petition of the Select men of 
Campton 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 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 r M c Millan 

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 by 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 r Penniman & M r M c Millan 

Voted that M r Kellie, M r Holmes & M 1 ' Cilley with such of the 
Honb 1 Senate as they may join be a Committee to consider of the 
Petition of Aaron Davis and report thereon — 

Sent up by M r M c Millan 

Upon reading and considering the Petition of Thomas Pinkham 
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 substance of the petition 
and order of court thereon, be published three weeks successively 
in one of the New Hampshire news-papers] [Elihu Hayes 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 [any person or persons] may then appear and Shew cause 
(if any he hath [they have] ) why the prayer of said Petition may 
not be granted Sent up by M 1 ' M c Millan 

[Upon reading and considering the Petition of the Select men 
of New Durham voted that the Petitioner be heard thereon before 



I92 NEW HAMPSHIRE EARLY STATE PAPERS. [ I 79 I 

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 
any they have) why the prayer thereof may not be granted — 

Sent up by M r Crawford] 
Voted that the Account of John Parker Esq 1- be referred to the 
Committee on the Account of Jacob Green & Similar matters — 

Sent up by M r Wentworth — 
Voted that M r Copp, M r Gains & M 1 ' Penniman with such of 
the Honb 1 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 r 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 r Bedee & M r Fifield 
Adjourned to 3 o'Clock P. M — 
Met accordingly — 
Voted that M r Macgregore M r Abbott & M r Connor with such 
of the Honb 1 Senate as they may join be a Committee to consider 
of the Petition of James Murch and report thereon — 

Sent up by M r 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 ^ r 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 M r Gains & M r Wentworth 
Voted that M r Sherburne, M r Copp, M r Holmes, M r Barrett & 
M r Freeman with such of the Honb 1 Senate as they may join be a 
Committee to consider of what business is vet necessary 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 Members of the Honb 1 Senate & House of * Represent- 
atives and their Officers for travel & attendance the 
present Session and that the Honb 1 Council in the recess of the 
General Court and report thereon — Sent up by M r Bedee — 



I791] JOURNAL OF THE HOUSE OF REPRESENTATIVES. I93 

Voted that M r Macgregore, M r Hoit & M r Toppan with such of 
the Honb 1 Senate as they may join be a Committee to consider of 
a Letter from Alexander Hamilton Esq r and report thereon — 

Sent up by M r Dame 

Voted that M r Hoit, M r Gains & M r Allen with such of the 
Honb 1 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 r Burnam 

Voted that the Account of Supply Clap Esq r amounting to four 
pounds one shilling and nine pence be allowed & paid out of the 
Treasury by order of the President — Sent up by M r Crawford 
Adjourned to 9 oClock to morrow morning — 

TUESDAY February I st 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 M r Holmes & M r 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 M r Crawford 

Voted that M r White, M r Warner, M r Badger M r Grout & M r 
Baker with such of the Honb 1 Senate as they 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 M r Weeks — 

* Voted that M r Dole, M r Badger & M r Emerson with * 14-133 
such of the Honb 1 Senate as they may join be a Com- 
mittee to consider of the Petition of David Johnson and report 
thereon — Sent up by M r 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- 
1 lectors who are delinquent in collecting the Indent & Certificate 
Taxes and that they certify to the Treasurer of this state the 
I 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. [ I 79 I 

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 always 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 & 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 any 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 r Jo s Smith 

Voted that M r Payne, M r Macgregore, M r Page, M r Badger and 
M r Abbott be a Committee to confer with the Honb 1 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 M r 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) 



I79 1 ] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 



^95 



Yeas. 


Yeas. 


Yeas. 


Yeas. 


M r Macgregore 


Mr Taylor 


M r Whitcomb 


M r Holmes 


M r Eastman 


M r Dole 


Mr Temple 


M r Penniman 


M r M c Clarey 


M r Warner 


M r Rand 


M r Morse 


M r Chamberlain 


Mr Clark 


M r Allen 


M r Stone 


M r Hale 


Mr Fifield 


M r Wellman 


M r Duncan 


M r Badger 


M r Shepherd 


M r Lane 


Mr Tarlton 


M r Bedee 


M r Stiles 


M r Grout 


M r Young 


M r M c Millan 








Nays. 


Nays. 


Nays. 


Nays. 


M r Gains 


M r White 


M r Parker 


M r Stone 


M r Wentworth 


Mr Gibson 


M r Barrett 


M r Alexander 


M r Connor 


Mr Kellie 


M r Abbott 


M r Baker 


M r Blanchard 


M r Palmer 


M r Cragin 


M r Crawford 


M r Weeks 


M r Giles 


M r Gerrish 


M r Payne 


M r Toppan 


Mr N Hoit 


M r Prescutt 


M r Dame 


M r Brown 


M r Emerson 







29 Yeas — 26 Nays — so it passed to be Enacted — 

Sent up by M r Crawford & M r Weeks 

Whereas the Honb 1 Senate were at considerable expence the 
last Summer for travel attendance &c on the trial of an Impeach- 
ment exhibited by the Honb 1 House* of Representatives against 
Woodbury Langdon Esquire — Therefore Voted that the Secre- 
tary be directed in making up the Roll for the present Session to 
add the aforesaid Travel &c of the Honb 1 Senate to said Roll — 

Sent up by M r 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 r Prescutt 

The Committee appointed at the Session in June last to receive 
public Books and papers from Josiah Gilman Esq 1 " 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 r and have taken his receipt 
therefor — 

papers relative to settlement of Continental Accounts and orders 



I96 NEW HAMPSHIRE EARLY STATE PAPERS. [ I 79 I 

&c which have been received of Nicholas Gilman and John Tay- 
lor Gilman Esqr 8 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 they 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 
by Special order of the General Court is Submitted by — 

Nath 11 Rogers ) ^ 

at 4.U11 r^-i ? Committee 

Nath 11 Gilman 3 

Which report being read and considered voted that it be received 

and accepted and that Supply Clap Nathanael Rogers & Nath 11 

Gilman Esqr s be a Committee to deface the orders men- 

* 14-136 tioned in said report in such way and manner * as they 

may judge proper — Sent up by M r 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 r Holmes 

Voted that M r Holmes M r Temple & M r Kellie with such of 
the Honb 1 Senate as they may join be a Committee to consider of 
the Petition of Richard Colomy and report thereon — 

Sent up by M r 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 r Holmes & M r 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 ^ r day for each Member of Council 
and Six shillings ^8 r day for each Member of the House pursuant 
to a vote of the Legislature at their present Session for that pur 
pose — Sent up by M r Shepherd 

Adjourned to 9 o'Clock to morrow morning 



179* ] JOURNAL OF THE HOUSE OF REPRESENTATIVES, 



197 



WEDNESDAY Feb* 2 d 1791. 

The House met according to adjournment 

An Act confirming the title of certain lands in the vendee or 
vendees of John Neal Esq r was read a third time and passed to be 
Enacted — Sent up by M r Bradley & M r Abbott 

* Voted that Thursday the Seventh day of April next * 14-137 
be observed and kept as a day of Public fasting humil- 
iation and prayer throughout this state and that his Excellency 
the President Seasonably issue a proclamation for that purpose — 

Sent up by M r Stiles 

Voted that M r White M r JVPMillan, M r Abbott M r Holmes & 
M r Payne with such of the Honb 1 Senate as they may join be a 
Committee to consider of the Petition of Timothy Walker Esq 1 ' 
and others and report thereon — Sent up by M r Cilley — 

The Committee on the Petition of Ebenezer Brown & others and 
the Petition 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 Petition until the next Session of the General 
Court and that Josiah Willard and others have leave to withdraw 
their Petition — which report being read and considered voted 
that it be received and accepted — Sent up by M r 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. Yeas. Yeas. Yeas. 

M r Gains M r Cilley M r Warner M r Wellman 

M r Sherburne M r M c Clarey M r Barrett M r Penniman 

M r Wentworth M r Bradley M r Abbott M r Morse 

M* Connor M r Bartlett M r Clark M r Stone 

Mr Macgregore M r Hale M r Page M r Duncan 

M r Weeks M r Badger M r Stiles M r Freeman 

Mr Toppan M r Giles M r Alexander M r Payne 

Mr Brown M r McMillan M r Temple 

Nays. Nays. Nays. Nays. 

M r Blanchard M r Palmer M r Emerson M r Shepherd 

M r White Mr Bedee M r Parker M r Whitcomb 

M r Eastman M r Hoit M r Cragin M r Prescutt 

Mr Chamberlain M r Copp M r Fifield M r Smith 

Mr Jos Smith M r Taylor M r Gerrish M r Rand 

Mr Gibson M r Grout M r Baker M r Tarlton 

* Mr Allen M r Holmes M r Crawford M r Dame * 14-13 8 

Mr Lane M r Dole M r Flanders M r Young 
Mr Keliie 



NEW HAMPSHIRE EARLY STATE PAPERS. 



[1791 



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. 


Yeas. 


Yeas. 


M r Macgregore 


M r Bedee 


Mr Fifield 


M r Grout 


Mr Weeks 


M r Copp 


M r Gerrish 


M r Holmes 


M r White 


M r Taylor 


M r Flanders 


M r Morse 


M r Eastman 


Mr Dole 


M r Shepherd 


M r Baker 


M r Bradley 


M r Barrett 


M r Whitcomb 


M r Crawford 


Mr Kellie 


M r Rand 


Mr Allen 


M r Tarlton 


M r Prescutt 


M r Abbott 


M r Lane 


M r Dame 


Mr Hale 


M r Cragin 






Nays. 


Nays. 


Nays. 


Nays. 


M r Gains 


Mr M c Clarey 


M r Emerson 


M r M Smith 


M r Sherburne 


M r Chamberlain 


M r Warner 


M r Wellman 


M r Wentworth 


M r Bartlett 


M r Parker 


M r Penniman 


M 1 ' Connor 


Mr Jo s Smith 


Mr Clark 


Mr Stone 


M r Blanchard 


M r Gibson 


M r Page 


M r Duncan 


[Mr Weeks] 


M r Palmer 


M r Stiles 


M r Freeman 


M r Toppan 


Mr Giles 


M r Alexander 


M r Payne 


M r Brown 


[M r Bedee] 


M r Temple 


M r Young 


Mr Cilley 


M r McMillan 







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 by M r Warner & M r Hoyt 

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 r Bedee 

Adjourned to 3 o'Clock P. M. 



I79l] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 



I99 



Met accordingly — 
Voted that M r Macgregore with such of the Honb 1 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 r 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 1 * Gains & M r 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 r Gains 

Voted that any person or persons have liberty to remove a pier 
that was built by this State for a Bridge near Cap 4 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 r Morse 

On the Second reading of a Bill for the encouragement of rais- 
ing hemp the yeas and nays were called respecting paying nine 
shillings bounty for each hundred weight raised by any one per- 
son, and are as follows (viz) 



*Yeas. 

M r Gains 
M r Sherburne 
Mr Wentworth 
M r Connor 
M r Blanchard 
Mr Weeks 
M r Brown 
Mr White 
Mr Eastman 



Yeas. 

M r Cilley 
M r M c Clarey 
M r Clough 
M r Chamberlain 
M r Bradley 
M r Bartlett 
M r J s Smith 
Mr Hale 
M r Bedee 



Yeas. 

M r Copp 
Mr Taylor 
M r Warner 
M r Gerrish 
M r Prescutt 
M r Alexander 
M r Wellman 
M r Morse 



Yeas. * 14-140 

M r Duncan 
M r Baker 
M r Burnam 
M r Freeman 
M r Payne 
M r Tarlton 
M r Young 
M r Eames 



200 



NEW HAMPSHIRE EARLY STATE PAPERS. 



[1791 



Nays. 
M r Gibson 
Mr Kellie 
M r Palmer 
M r Giles 
Mr Hoit 
M r Parker 
M r Barrett 



Nays. 
Mr Clark 
M r Cragin 
Mr Fifield 
M r Flanders 
M r Page 
M r Shepherd 



Nays. 
Mr Stiles 
Mr Whitcomb 
M 1 ' Temple 
Mr M Smith 
Mr Rand 
Mr Allen 



Nays. 
M r Lane 
M r Grout 
M r Penniman 
M r Stone 
M 1 ' Crawford 
M r 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. 
M r Gains 
M r Sherburne 
M r \Vent\vorth 
M r Connor 
M r Macgregore 
M 1 ' Weeks 
M r Toppan 
M r Brown 

Nays. 
M r White 
M r Eastman 
M r Bartlett 
M r Gibson 
M r Kellie 
M r Palmer 
M r Badger 
M r Bedee 
Mr N Hoit 

31 Yeas — 33 Nays — so it passed in the Negative and two 
vears were agreed on for the continuance of said Act — 

Voted that M r Allen, M r Gerrish & M r Burnam with such of 
the Honb 1 Senate as they may join be a Committee to consider of 
the Account of Samuel Bean & report thereon 

Sent up by M r Holmes — 
* 14-141 * Adjourned to 9 o'Clock to morrow morning — 



Yeas. 
Mr Cillev 
Mr McClarey 

Mr Clough 
M r Chamberlain 
M r Bradley 
Mr Jo* Smith 
Mr Hale 
Mr McMillan 

Nays. 
M 1 ' Copp 
Mr Parker 
M r Barrett 
M r Abbott 
Mr Clark 
Mr Cragin 
Mr Fifield 
Mr Flanders 



Yeas. 
M r Taylor 
Mr Dole 
M r Emerson 
M r Warner 
M r Gerrish 
M r Prescutt 
M r Alexander 
M r Holmes 

Nays. 
M r Page 
M r Shepherd 
Mr Stiles 
M r Whitcomb 
Mr Temple 
Mr M Smith 
Mr Rand 
M r Allen 



Yeas. 
M r Baker 
M r Burnam 
M r Freeman 
Mr Payne 
M 1 ' Tarlton 
M r Young 
M r Eames 

Nays. 
Mr Wellman 
M r Lane 
Mr Grout 
M r Penniman 
Mr Morse 
M r Stone 
M r Crawford 
Mr Dame 



THURSDAY February 3 d 



1791 — 



The 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 r Holmes & M r Temple 



I79 1 ] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 



20I 



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 by M r 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. 
M r Gains 
M r Sherburne 
M r Wentworth 
M r Connor 
M r Macgregore 
M r Weeks 
M r Toppan 
M r White 
Mr Cilley 
Mr M c Clarey 

Nays. 
M r Blanchard 
M r Brown 
M r Giles 
M r Palmer 
M r Badger 
M r Bedee 
Mr N Hoit 



Yeas. 

~lougl 
M r Chamberlain 
Mr Kimball 
M r Jo s Smith 
Mr Hale 
M r M c Millan 
Mr Taylor 
Mr Dole 
M r Emerson 

Nays. 
M r Copp 

M r Parker 
M r Barrett 
Mr Clark- 
Mr Cragin 
Mr Fifield 
M r Flanders 



Yeas. 
M r Warner 
M r Gerrish 
M r Prescutt 
M r Alexander 
M r Bradley- 
Mr Baker 
M r Morse 
M r Freeman 
M r Payne 

Nays. 
M r Page 
Mr Shepherd 
M r Stiles 
M r Whitcomb 
M r Temple 
Mr Rand 
Mr Allen 



Yeas. 
Mr Tarlton 
M r Young 
M r Eames 
M r Eastman 
Mr Hill 
M r Bartlett 
M r Gibson 
M r Kellie 
M r Wellman 

Nays. 
M r Lane 
M r Grout 
M r Penniman 
M r E. Hoyt 
M r Stone 
M r Crawford 
M r Dame 



37 Yeas — 28 Nays — so it passed to be Enacted — 

Sent up by M 1 ' Holmes & M r Temple 
Upon reading and considering the Petition of Bradbury Cilley 
Esq 1 " 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 Cilley for the 
Sums due on his Excise bonds until said June Session — 

Sent up by M r Prescutt 
* Adjourned to 3 o'Clock P. M — * 14-142 

Met accordingly 
Voted that M r Sherburne, M r Barrett, M r Allen, M r Whitcomb 
& M r Abbott with such of the Honb 1 Senate as they may join be 
a Committee to consider of the Petition of Gen 1 John Stark and 
report thereon — Sent up by M r Chamberlain 



202 NEW HAMPSHIRE EARLY STATE PAPERS. [ I 79 I 

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 payments & 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 state 
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 r Kellie 

Adjourned to 9 o'Clock to morrow morning 

FRIDAY Feb r 4 th 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 time 
and passed to be enacted — Sent up by M r Hoyt & M r 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 M r Hoyt & M r 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 1 " and 
others and that they report thereon — Sent up by M 1 ' Eames — 

The Committee on the Petition of Jacob Green & Enoch Noyes — 
W m Duncan & Dan 1 Livermore — Rich 11 Bartlett & John Bryant — 
Select men of Pembrook & Bow respecting bridges and the Peti- 



I79 1 ] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 203 

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 for that purpose — 

That as the said Duncan & Livermore have withdrawn their 
Petition and joined in the prayer of the Petition of said Green & 
Noyes — And the said Bartlett and Bryant having agreed that the 
Petition of the said Select men of Pembrook and Bow be supported 
in preference to their aforesaid Petition and the Committee having 
by a Sub Committee from among themselves obtained information 
respecting the Premises further reported that the prayer of the 
Petition 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 time and Subject to such rules and regulations 
as the General Court may direct and that the Petitioners 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 
aforementioned right or grant for 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 mentioned 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 r Chamberlain 

On motion 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. 



[1791 



Yeas. 
M r Connor 
M r Blanchard 
M r Macgregore 

Mr White 
M* M<'Clarev 
M r Clough 
M r Chamberlain 
M r Bradley 
M r Bartlett 

Nays. 
M r Gains 
M r Wentworth 
M r Weeks 
M r Toppan 
M r Brown 
M r Eastman 
M r Plummer 
Mr Hill 
Mr Cilley 



Yeas. 
M r Palmer 
M* Badger 
M r Bedee 
Mr N Hoit 
M r Copp 
M r McMillan 
Mr Taylor 
M r Warner 
M r Abbott 

Nays. 
M r Smith 
M r Gibson 
Mr Kellie 
Mr Hale 
M r Dole 
M r Parker 
Mr Barrett 
Mr Clark 



Yeas. 
M r Gerrish 
M r Page 
M r Temple 
M r Grout 
M r Holmes 
M r Duncan 
Mr Baker 
M r Burnam 

Nays. 
M r Wallace 
Mr Fifield 
M r Flanders 
M r Shepherd 
M r Stiles 
M r Whitcomb 
M r Prescutt 
M r Alexander 



Yeas. 
M r Crawford 
Mr E Hoit 
M r Freeman 
M r Payne 
M r Tarlton 
M r Dame 
M r Young 
M r Eames 

Nays. 
M r Rand 
Mr Allen 
M r Wellman 
M r Lane 
M r Penniman 
M r Morse 
M r Stone 
xMr Kimball 



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. 


M r Connor 


M r Palmer 


M r Gerrish 


M r Burnam 


M r Macgregore 


M r Badger 


M r Page 


M r Crawford 


M r Blanchard 


M r Bedee 


M r Prescutt 


Mr E Hoit 


Mr White 


Mr N Hoit 


M r Temple 


M 1 ' Freeman 


Mr M^Clarey 


M r Copp 


M r Wellman 


M 1 ' Payne 


M r Clough 


Mr McMillan 


M r Lane 


M r Dame 


M r Chamberlain 


Mr Dole 


M r Grout 


M r Young 


M r Bradley 


M r Warner 


M r Holmes 


M r Eames 


Mr Bartlett 


Mr Abbott 


M r Baker 




Nays. 


Nays. 


Nays. 


Nays. 


Mr Gains 


Mr Jo* Smith 


Mr Clark 


M r Alexander 


M r Weeks 


M r Gibson 


M r Wallace 


Mr Rand 


M r Toppan 


Mr Kellie 


Mr Fifield 


M r Allen 


M r Brown 


Mr Hale 


M r Flanders 


M r Penniman 


M r Eastman 


M r Taylor 


M r Shepherd 


M r Morse 


M r Plummer 


Mr Parker 


Mr Stiles 


M r Stone 


Mr Hill 


M 1 ' Barrett 


M r Whitcomb 


Mr Kimball 


M'- Cilley 









35 Yeas — 29 Nays — so it passed in the affirmative 
Adjourned to 3 o'Clock P. M — 



I79 1 ] 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 M r Holmes — 
Voted that M r Macgregore M r Hoit M r Page M r Whitcomb M r 
Payne, M r Allen & M r Barrett be a Committee to report the Sev- 
eral routs for post riders, and the conditions on which the} 7 can 
engage said post riders — 

Adjourned to 9 o'Clock to morrow morning 

SATURDAY Feb r 5 th 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 Quinby Sanborn 
of Candia was Plaintiff and Samuel Corser Defendant — was 
read a third time and passed to be Enacted — 

Sent up by M r M c Millan & M r Brown 

The Committee on printers accounts reported that George 
Hough be allowed twenty two pounds five 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 r M c Millan 

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 r 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 Charlestovvn Claremont Newport Lempster 
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 — 



206 



NEW HAMPSHIRE EARLY STATE PAPERS. 



[1791 



The third from Portsmouth to Exeter Kingstown Plastow 
Hampstead Chester Londonderry Litchfield GofFstown Bow to 
Concord & to return through Pembrook Deerfield Nottingham and 
by the way of New Markett bridge to Portsmouth — 

The fourth from Portsmouth to Dover Rochester Wakefield 
Ossipee Tarn worth, 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 yeas and nays w r ere called and are as follows 
(viz) — 



* 14-147 *Yeas. 

M r Gains 

M r Wentworth 

M r Macgregore 

M r Blanchard 

M r Brown 

Mr Hill 

M r M c Clarey 

Mr Clough 

M r Chamberlain 

M r Bradley 

Nays. 
Mr Weeks 
M r Eastman 
M r Plummer 
M r Gibson 
Mr Kellie 
M r Taylor 
M r Emerson 



Yeas. 
M r Bartlett 
M r J o s Smith 
M r Palmer 
Mr Hale 
M r Badger 
M r Giles 
M r Bedee 
Mr N Hoit 
M r Copp 

Nays. 
M r Parker 
M r Barrett 
M r Abbott 
M r Cragin 
M r Wallace 
Mr Fifield 
M r Shepherd 



Yeas. 
M r M c Millan 
M r Dole 
M r Warner 
Mr Clark 
M r Gerrish 
M r Page 
M r Stiles 
M r Temple 
M r Grout 

Nays. 
M r Whitcomb 
M r Prescutt 
M r Alexander 
Mr Rand 
M r Allen 
M r Wellman 



Yeas. 
M r Duncan 
M r Baker 
M r Crawford 
M r E Hoit 
M r Freeman 
M r Payne 
M r Tarlton 
M r Young 
Mr Dame 

Nays. 
M r Lane 
M r Penniman 
M r Morse 
M r Stone 
M r Kimbal 
M r Eames 



37 Yeas — 26 Nays — so it passed in the affirmative 

An Act regulating process of trial in civil causes, was read a 
third time and passed to be Enacted — 

Sent up by M r Holmes & M r Gerrish 

An Act regulating Fees, was read a third time and passed to be 
Enacted — Sent up by M r Holmes & M r Gerrish 

An Act regulating Pounds — was read a third time and passed 
to be Enacted — Sent up by M r Holmes & M r Gerrish 

An Act annulling a Judgment recovered at the Superior Court 
of Judicature holden in the County 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 r Freeman & M r Plummer 



I79l] 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 ^ r 
mile for their Service — the yeas & nays were called and are as 
follows (viz) 



Yeas. 

M r Gains 

M r Wentworth 

M r Macgregore 

M r Hill 

M r M c Clarey 

M r Clough 

* Nays. 

M r Weeks 
M r Toppan 
M r Brown 
M r Eastman 
M r Plummer 
M r Bartlett 
M r Jo s Smith 
M r Gibson 
Mr Kellie 



Yeas. 

M r Chamberlain 
M r Bradley 
M r Palmer 
Mr Hale 
M r Badger 
Mr N Hoit 

Nays. 
M r Giles 
Mr Taylor 
M r Emerson 
M r Warner 
Mr Parker 
M r Barrett 
M r Abbott 
Mr Clark 



Yeas. 

M r Copp 
M r M c Millan 
M r Gerrish 
M r Page 
M r Temple 
M r Grout 

Nays. 
M r Cragin 
M r Shepherd 
M r Stiles 
M r Whitcomb 
Mr Prescutt 
Mr Rand 
M r Allen 
M r Wellman 



Yeas. 

M r Holmes 
M r Baker 
M r Crawford 
M r Freeman 
M r Payne 
M r Tarlton 

Nays. * 14-148 
M r Lane 
M r Penniman 
Mr Morse 
Mr Stone 
Mr Kimball 
M r Duncan 
Mr E Hoit 
M r Young 



24 Yeas — 33 Nays — so it passed in the Negative 
Voted that M r Plummer, M r Hoit, M r Warner M r Allen and 
M r 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 r Gibson & M r Temple 
Adjourned to Monday next at 9 o'Clock A M 

MONDAY Feb* 7 th 1791. 

The House met according to adjournment 
Voted that M 1 ' Warner, M r Holmes & M r * Barrett with such of 
the Honb 1 Senate as they may join be a Committee to consider of 
the Petition of Thomas Penniman Esq 1- in behalf of the Inhabitants 
of Washington and report thereon Sent up by M r Young 

An Act to restrain the taking unlawful Interest was read a third 
time and passed to be Enacted — 

Sent up by M r Young & M r Eames 
An Act for the Suppressing of Lotteries — was read a third time 
and passed to be Enacted — Sent up by M r Young & M r Hale 



208 NEW HAMPSHIRE EARLY STATE PAPERS. [ I 79 I 

An Act for laying out highways, was read a third time and 
passed to be Enacted — Sent up by M r Young & M r Hale 

An Act for the taking affidavits out of Court — was read a third 
time and passed to be Enacted — 

Sent up by M r Young & M r 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 r Young & M r Hale 
* 14-149 * The Committee on the Petition of John Wendall Esq r 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 voted that it be 
received and accepted — Sent up by M r 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 r Young & M r 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 r Young & M r 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 r Young & M 1 ' 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 r Freeman & M 1 ' Gibson 
An Act relative to common fields and regulating fences was read 
a third time and passed to be Enacted — 

Sent up by M r Tarlton & M r Emerson 
The following vote came down from the Honb 1 Senate for Con- 
currence — 

In Senate February 7 th 1791 — Voted that M r Smith & M r Free- 
man with such of the Honb 1 House as they may join be a Com- 



I79 1 ] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 



209 



mittee to consider the Subject matter of a Resolve passed by the 
Honb 1 House on the 21 st 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 1 ' Connor, M r Emerson and M r Cilley joined — 

Sent up by M r Tarlton 
Adjourned to 9 o'Clock tomorrow morning 

TUESDAY Feb* 8 th 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 first 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 Treasury — On which report the yeas & 
nays were called and are as follows — (viz) 

Yeas. Yeas. Yeas. Yeas. 

M r Gaines VI r Kellie M r Stiles M r Crawford 

M r Sherburne M r Palmer Mr Temple M r Hoit 

M r Connor M r Hale M r Wellman M r Freeman 

M r Macgregore M r Badger M r Lane M r Tarlton 

M r Hill M r N Hoit M r Grout M r Dame 

M r M c Clarey M r Copp M r Duncan M r Young 

Mr Bartlett M r Page M r Baker M r Cilley 

Nays. Nays. Nays. Nays. 

M r Blanchard M r Gibson M r Shepherd M r Penniman 

M r Weeks M r Taylor M r Whitcomb M r Morse 

M r Brown M r Parker M 1 * Prescutt M r Stone 

M r Eastman M r Barrett Mr Rand M r Kimball 

M r Plummer M r Clark M r Allen M r Eames 

Mr Jos Smith M' Fifield 

28 Yeas — 22 Nays — So it passed in the affirmative 

On reading and considering the Bill for regulating licensed 

houses as amended by the Senate — -the yeas and nays were 

called and are as follows, (viz) 



Yeas. 


Yeas. 


Yeas. 


Yeas. 


M r Toppan 


M r Emerson 


M r Shepherd 


Mr Baker 


Mr Hill 


M r Parker 


M r Whitcomb 


M r Crawford 


Mr Jos Smith 


M r Barrett 


M r Rand 


M r Freeman 


Mr Kellie 


Mr Clark 


M r Allen 


M r Payne 


Mr Palmer 


M r Cragin 


M r Wellman 


Mr Tarlton 


Mr N Hoit 


M 1 ' Wallace 


M r Lane 


M r Dame 


Mr Taylor 


Mr Fifield 


Mr Kimball 


M r Young 


M r Dole 


M r Gerrish 


M r Duncan 





2IO 



NEW HAMPSHIRE EARLY STATE PAPERS. 



[1791 



* 14-151 *Nays. Nays. Nays. Nays. 

M* Gains M r Cilley Mr Giles M r Alexander 

M r Sherburne M r M^Clarey M r Copp M r Temple 

M* Wentworth M r Chamberlain M r McMillan M r Grout 

M 1 ' Connor M r Bradley M r Warner M r Penniman 

M r Blanchard M r Bartlett M r Flanders M 1 ' Morse 

M r Weeks M r Gibson M r Page M r Stone 

M* Brown M' Hale M* Stiles M r E Hoit 

Mr Eastman M r Badger M r Prescutt M 1- Eames 
M r Plummer 

31 Yeas — 33 Nays — So it passed in the negative 

Voted that M r Plummer, M 1 ' Gerrish & M r Sherburne with such 
of the Honb 1 Senate as they may join be a Committee to take 
under consideration the Bill regulating licensed houses and report 
such alterations & amendments as they may judge necessary — 

Sent up by M r Toppan 

Voted that M r Macgregore & M r Emerson be joined to the 
Committee on the Petition of Timothy Walker Esq r and others 
instead of M r White & M r Abbott who are absent — 

Sent up by M r 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 r 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 why 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 r 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 r Gains & M r 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 



I79l] 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 r Gains 

Upon reading and considering the Petition of the Select men of 
Conway voted that it be referred to the Committee on the Petition 
of Timothy Walker Esq 1 * and others and that they report thereon — 

Sent up by M r 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 r 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 r Badger 

* Voted that William Gardner Esq r have and receive * 14-153 
out of the Treasury of this state Two hundred and 
forty pounds as a Salary as Treasurer from June 1790 to June 
1791 & 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 r Badger — 

Voted that John Prentice Esq 1 * 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 r Badger 

Voted that Joseph Pearson Esq r have and receive out of 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- 
i n gly — On which vote the yeas and nays were called and are 
as follows (viz) — 



212 



NEW HAMPSHIRE EARLY STATE PAPERS. 



[1791 



Yeas. 


Yeas. 


Yeas. 


Yeas. 


M r Sherburne 


M r Jo> Smith 


Mr Dole 


M r Grout 


M r Wentworth 


Mi- Kellie 


M r Warner 


M r Holmes 


M r Connor 


M r Palmer 


Mr Barrett 


M r Penniman 


Mr Weeks 


Mi- Hale 


Mr J ere Smith 


M r Morse 


M r Toppan 


Mi- Badger 


Mr Wallace 


Mr Kimball 


M* Hill 


Mr Giles 


Mr Stiles 


M r Duncan 


Mr Cillev 


Mr N Hoit 


M r Alexander 


M r Payne 


Mr M^Clarey 


Mr McMillan 


Mr Temple 


Mr Tad to 11 


M r Bartlett 


Mr Taylor 


M'- Wellman 


M r Young 


Nays. 


Nays. 


Nays. 


Nays. 


M 1 ' Macgregore 


Mr Copp 


Mr Page 


M r Stone 


M r Blanchard 


M 1 ' Emerson 


Mr Shepherd 


Mr Baker 


M r Brown 


Mr Clark 


M r Whitcomb 


M r Burnam 


M r Eastman 


M r Cragin 


Mr Prescutt 


M r Crawford 


M r Plummer 


Mr Fifield 


Mr Rand 


Mr E Hoyt 


M r Chamberlain 


M r Gerrish 


Mr Allen 


M 1 ' Dame 


M r Bradley 


M r Flanders 


Mr Lane 


M r Eames 


M r Gibson 









36 Yeas — 29 Nays — so it passed in the affirmative 

Sent up by M r Badger 
Voted that Supply Clap Esq 1 ' have and receive out of the Treas- 
ury nine pounds for a Salary as Commissary General 
* 14-154 from June 1790 to June 1791 and that the President * give 
order accordingly — Sent up by M 1 ' Badger 

An Act for the punishment of certain crimes — was read a third 
time and passed to be Enacted — 

Sent up by M r Badger & M r 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 r Badger & M r Bartlett 
An Act establishing forms of Oaths — was read a third time and 
passed to be Enacted — Sent up by M r Badger & M 1 Bartlett 

An Act regulating the choice and Service of Grand Jurors, was 
read a third time and passed to be Enacted — 

Sent up by M r Badger & M r 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 r Badger & M r Bartlett 
An Act for regulating Towns and the choice of Town Officers 
— was read a third time and passed to be Enacted 

Sent up by M 1 Badger & M r Bartlett 
Adjourned to 9 o'Clock to morrow morning 



I79 1 ] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 213 

WEDNESDAY Feb* 9 th 1791. 

The House met according to adjournment 

The Committee on the printers Accounts reported that Henry 
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 r 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 1 ' Warner & M r Gerrish 

An Act for the maintenance of Bastard children was read a 
third time and passed to be Enacted — 

Sent up by M r Warner & M r Gerrish 

An Act relative to strays and lost goods — was read a third 
time and passed to be Enacted — 

Sent up by M r Warner & M r 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 r Warner & M r Gerrish — 

An Act directing the proceedings against deficient Collectors 
was read a third time and passed to be Enacted — 

Sent up by M 1 Warner & M r 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 1786, and whose powers were extended 
and defined by sundry subsequent votes and resolves of the Gen- 
eral-Court, be also included, and that said commissioners by 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. 



2I 4 



NEW HAMPSHIRE EARLY STATE PAPERS. 



[1791 



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. 


Yeas. 


Yeas. 


Yeas. 


M r Gains 


M r Plummer 


Mr Hale 


Mr Whitcomb 


M r Sherburne 


Mr Hill 


M r Giles 


M r Prescutt 


M r Wentworth 


Mr Cilley 


Mr Copp 


M r Alexander 


M r Connor 


Mr M c Clarey 


M r Warner 


M r Wellman 


M r Macgregore 


M r Bartlett 


M r Cragin 


M r Payne 


Mr Weeks 


Mr Kellie 


Mr Stiles 


M r Eames 


M r Brown 


M r Palmer 






Nays. 


Nays. 


Nays. 


Nays. 


Air Blanchard 


M r Dole 


M r Temple 


M r Duncan 


M r Eastman 


M r Emerson 


Mr Rand 


M r Baker 


M r Chamberlain 


M r Parker 


M r Allen 


M r Burn am 


M r Bradley 


Mr Clark 


M 1 ' Lane 


M r Crawford 


M r Jo s Smith 


Mr Wallace 


M r Grout 


Mr E Hoit 


M r Gibson 


Mr Fifield 


M r Penniman 


M 1 " Freeman 


Mr N Hoit 


Mr Gerrish 


Mr Morse 


M r Tarlton 


Mr McMillan 


Mr Page 


M 1 ' Stone 


M 1 ' Dame 


Mr Taylor 


M r Shepherd 


Mr Kimball 


M r Young 


27 Yeas — 


36 Nays — so it 


Dassed in the ne 


gative 



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. 
M r Gains 
M r Sherburne 
M 1 ' Wentworth 
M r Connor 
M r Macgregore 
Mr Weeks 
M 1 ' Brown 
*14-15G "Nays. 
Mr Blanchard 
M r Eastman 
M r Chamberlain 
M r Bradley 
M 1 Bartlett 
M r Jo s Smith 
M r Gibson 
M r X Hoit 

M r Copp 

M'- M'Millan 



Yeas. 
M r Plummer 
Mr Hill 
M r Cilley 
Mr McClarey 
Mr Kellie 
Mr Palmer 

Nays. 
Mr Taylor 

Mr Dole 
M r Barrett 
Mr Clark 
M r Cragin 
Mr Wallace 
Mr Fifield 
M r Gerrish 
M r Flanders 
Mr Page 



Yeas. 
M r Hale 
Mr Giles 
M r Emerson 
M r Warner 
M r Parker 
M r Stiles 

Nays. 
Mr Shepherd 
Mr Temple 
M r Rand 
Mr Allen 
M r Grout 
M 1 ' Penniman 
M r Morse 
Mr Kimball 
M r Duncan 
Mr Baker 



Yeas. 
M r Whitcomb 
M r Prescutt 
M r Alexander 
M r Wellman 
M r Lane 
M r Stone 

Nays. 
M r Burnam 
M r Crawford 
Mr E Hoit 
M r Freeman 
M r Payne 
Mr Tarlton 
Mr Dame 
M r Young 
M r Eames 



I79 1 ] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 215 

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. Yeas. Yeas. Yeas. 

M r Sherburne Mr Warner M r Alexander M r Stone 

M r Macgregore M r Wallace M r Rand M r Freeman 

M r Plummer M r Page M r Wellman M r Payne 

M r Cilley M r Shepherd M r Lane M r Young 

M r Hale M r Stiles M r Grout M r Eames 

M r Copp M r Whitcomb 

Nays. Nays. Nays. Nays. 

M r Gains M r Bartlett M r Emerson M r Penniman 

M r Wentworth M r Jo s Smith M r Parker M r Morse 

M r Connor M r Gibson M r Barrett M r Kimball 

M r Blanchard M r Kellie M r Clark M* Duncan 

M r Weeks M r Palmer M r Cragin M r Baker 

M r Brown Mr Badger M r Fifield M r Burnam 

Mr Eastman M r N Hoit M r Gerrish Mr Crawford 

Mr Hill M r McMillan M r Prescutt M r E Hoit 

M r M c Clarey Mr Taylor M r Temple M r Tarlton 

M r Chamberlain M r Dole M r Allen M r Dame 
M r Bradley 

22 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 — 

Voted 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 r 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 r Smith & M r 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 r Smith & M r Grout 
An Act to prevent frauds and perjuries was read a third time 
and passed to be Enacted — Sent up by M r Smith & M r Grout 
Adjourned to 9 o'Clock to morrow morning 

THURSDAY Feb* 10 th 1791. 

The House met according to adjournment 
The vote respecting ceeding the light house at Fort point &c 
came down from the Honb 1 Senate for the following amendment 



2l6 



NEW HAMPSHIRE EARLY STATE PAPERS. 



[1791 



"that it be one Acre & three quarters instead of two Acres three 
roods & thirty three poles beginning at the light House point — 
which amendment was read and concurred — 

Sent up by M r Penniman 

Voted that M r Eames, M r Gains & M r Hill with such of the 
Honb 1 Senate as they may join be a Committee to consider of the 
Petition of George Kenfield and report thereon 

Sent up by M r 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 Salary the Same to be paid in 
quarterly payments to the said Justices respectively, they, the said 
Justices accounting for the fees they 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 r 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. 
M r Connor 
M r Jo* Smith 
M r Palmer 
Mr Hale 
M r Warner 
Mr Fifield 
M r Gerrish 

* 14-158 *Nays. 
M r Gains 
M r Sherburne 
M 1 ' Connor 
M r Blanchard 
Mr Weeks 
M r Toppan 
M r Brown 
M r Eastman 
M 1 ' Plummer 



Yeas. 
M r Flanders 
Mr Page 
M r Shepherd 
Mr Stiles 
M 1 ' Prescutt 
M r Alexander 
M 1 ' Temple 

Nays. 
Mr Hill 
Mr Cilley 
M r M'-Clarey 
Mr Bradley 
Mr Bartlett 
M 1 ' Gibson 
M r Kellie 
M 1 ' Badger 
Mr Giles 



Yeas. 
Mr Allen 
Mr Wellman 
M r Lane 
Mr Grout 
M r Holmes 
M r Morse 
Mr Stone 

Nays. 
Mr N Hoit 
Mr McMillan 
M r Taylor 
Mr Dole 
M r Emerson 
Mr Parker 
M r Barrett 
Mr Clark 
M 1 ' Craffin 



Yeas. 
Mr Kimball 
M r Duncan 
M r Burnam 
Mr E Hoit 
M r Freeman 
M r Tarlton 
M 1 ' Young 

Nays. 
Mr Wallace 
M r Whitcomb 
Mr Rand 
M 1 * Penniman 
Mr Baker 
M r Crawford 
M r Dame 
M r Eames 



28 Yeas — 35 Nays — so it passed in the negative 
On motion to reconsider the vote of Yesterday appointing Com- 
missioners on Accounts — the yeas and nays were called and are 
as follows — (viz) 



I79 1 ] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 



217 



Yeas. 
M r Bartlett 
M r Smith 
M r Gibson 
M r Kellie 
Mr Dole 
M r Emerson 
M r Warner 
M r Fifield 

Nays. 
M r Gains 
M 1 ' Sherburne 
M r Connor 
M r Blanchard 
M 1 ' Weeks 
M r Toppan 
M r Brown 
M r Eastman 



Yeas. 
M r Gerrish 
M r Flanders 
M r Page 
M r Shepherd 
M r Stiles 
M r Prescutt 
M r Alexander 
M r Temple 

Nays. 
M 1 ' Plummer 
Mr Hill 
Mr Cilley 
Mr M c Clarey 
M r Chamberlain 
Mr Bradley 
Mr Palmer 
Mr Hale 



Yeas. 
M r Allen 
M 1 ' Wellman 
M 1 ' Lane 
M r Grout 
M r Holmes 
M r Stone 
Mr Kimball 
Mr Duncan 

Nays. 
M r Badger 
Mr Giles 
Mr N Hoyt 
M r Copp 
Mr McMillan 
M r Taylor 
M r Parker 
M r Barrett 



Yeas. 
M r Baker 
M r Burnam 
M r Freeman 
Mr Payne 
M r Tarlton 
Mr Dame 
M 1 ' Young 
M r Eames 

Nays. 
Mr Clark 
M r Cragin 
Mr Wallace 
M r Whitcomb 
Mr Rand 
M r Penniman 
M r Crawford 



33 Yeas — 31 Nays — so it passed in the Affirmative 
Voted that M r Cilley, M r Hale, M r Warner, M r Page & M r 
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 r Penniman & M r Parker 

Adjourned to 3 o'clock P. M — 
Met accordingly 

Voted that M r Gains, M r Toppan & M r Whitcomb be a Com- 
mittee to consider of the Petition of Moses Kelley Esq 1 * 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 1 * amounting to three pounds twelve shillings and Six 
pence and the Account of William Page Edward S Livermore & 
Jeremiah Smith Esqr s amounting to thirty pounds Seventeen shil- 
lings be allowed and paid out of the Treasury by order of the 
President — which report being read and considered voted that it 
be received and accepted — Sent up by M r M c Millan 

Adjourned to 9 oClock to morrow morning 

FRIDAY Feb r 11 th 1791. 

The House met according to adjournment 
The Committee appointed to consider and report any proposals 
that should be made by the Several printers in this State — Re- 



2l8 NEW HAMPSHIRE EARLY STATE PAPERS. [ I 79 I 

ported the following (viz) M r George Hough proposes to print the 
revised laws on fools cap or pot folio, on pica or english types at 
one penny farthing ^ r Sheet exclusive of binding, the journals at 
one penny half penny ^ r Sheet Proclamations &c at a propor- 
tionable price — M r John Melcher proposed to print the Laws of 
the State in folio on good fools cap paper with a good pica type 
with marginal notes and deliver them neatly bound & Lettered 
at one penny half pennv ^ r Sheet — The Journals on good crown 
paper in Octavo on long primer types at one penny ^ l " 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 — M r 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 r John Melcher be received 
and being put to vote passed in the affirmative — 

Sent up by M r Holmes 

Voted that M r Holmes, M r Cilley, M r Hoit, M r M c Clarey and 
M r Warner be a Committee to consider of the Petitions of Eben- 
ezer Bean, Joshua Lovejoy & Robert Bradford Wilkins and report 

thereon — 
* 14-160 Voted that M r Connor, M r Hale, M r Warner, M r Page 
and M 1 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 1 ' reported 
that said Kelley or Joshua Wentworth Esq r 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 voted that it be re- 
ceived and accepted — Sent up by M r 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 11 
Rogers & Ephraim Robinson for the County of Rockingham 
John Waldron & Joshua Wingate, for the County of Strafford — 
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) 



I79 1 ] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 2IO, 



Yeas. 


Yeas. 


Yeas. 


Yeas. 


M r Gains 


Mr Bartlett 


M r Parker 


M r Lane 


M r Connor 


M r Jo s Smith 


Mr Barrett 


M r Grout 


M r Blanchard 


M r Gibson 


Mr Clark 


M r Penniman 


M r Weeks 


M r Palmer 


Mr Fineld 


M r Morse 


M r Brown 


Mr Hale 


M r Shepherd 


M r Burnam 


M r Eastman 


M r Badger 


M r Whitcomb 


M r Crawford 


Mr Hill 


Mr N Hoit 


M r Prescutt 


Mr Hoit 


Mr M c Clarey 


M r Copp 


M r Alexander 


M r Freeman 


M r Clough 


Mr Taylor 


M r Rand 


M r Payne 


M r Bradley 


M r Warner 


Mr Wellman 


M r Tarlton 


Nays. 


Nays. 


Nays. 


Nays. 


M r Sherburne 


Mr Giles 


M r Allen 


M r Baker 


M r Plummer 


Mr Cragin 


M r Stone 


M r Young 


M* Cilley 


M r Stiles 


Mr Kimball 


M r Eames 


Mr Kellie 


M r Temple 


M r Duncan 





40 Yeas — 15 Nays — so it passed in the affirmative 

Sent up by M r Stiles 

An Act to vest the exclusive right and priviledge of keeping a 
ferry over a certain part of Merrimac river in Benjamin Noyes of 
Bow his heirs & Assigns — was read a third time and passed to be 
Enacted— Sent up by M r Dole & M r 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 r Dole & M r Wallace 

[An Act prescribing the forms of writs in civil causes — was read 
a third time and passed to be Enacted — 

Sent up by M r Dole & M r Wallace] 

An Act for the equal distribution of Insolvent Estates was read 
a third time and passed to be Enacted — 

Sent up by M r Dole & M r 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 nays were called and are as follows viz — 



Yeas. 
M r Gains 
M r Sherburne 
M r Wentworth 
M r Connor 
M r Macgregore 
Mr Blanchard 
Mr Weeks 
M r Brown 



Yeas. 
M r Eastman 
M r Plummer 
Mr Hill 
Mr Cilley 
M r M c Clarey 
Mr Clough 
M r Chamberlain 
Mr Bradley 



Yeas. 
M r Bartlett 
Mr Jos Smith 
M r Kellie 
Mr Palmer 
Mr Hale 
M r Badger 
Mr Giles 
Mr McMillan 



Yeas. 
Mr Taylor 
M r Dole 
M r Emerson 
M r Warner 
M r Clark 
M r Gerrish 
M r Flanders 
M r Page 



220 



NEW HAMPSHIRE EARLY STATE PAPERS. 



[ J 79i 



Yeas. 
Mr Shepherd 
M r Prescutt 
M r Alexander 
Mr Rand 

Nays. 
Mr N Hoit 
M r Barrett 



Yeas. 
M r Wellman 

M r Lane 
Mr Grout 
M r Penniman 

Nays. 
M r Cragin 

Mr Whitcomb 



Yeas. 
M 1 ' Morse 
Mr Kimball 
M r Baker 
Mr E Hoit 

Nays. 
Mr Allen 
Mr Stone 



Yeas. 

M r Freeman 
M 1 * Payne 
M r Tarlton 



M' 



Nays. 
Eames 



47 Yeas — 7 Nays — so it passed in the Affirmative 

Sent up by M r Page & M r Allen 
An Act to enable the Justices of the Inferior Court of common 
pleas to fix and determine the boundaries of the goal yards in their 
respective Counties was read a third time and passed to be 
Enacted— Sent up by M r Holmes & M r Bradley 

Voted that M r Macgregore M r Hoit, M r Emerson M r Holmes 
and M 1 ' Freeman with such of the Honb 1 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 r 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 paying soldiers under his Command in the yea^ 1777 
and in particular for the money he received for George Kenfield a 
Soldier in Cap 1 Eliots Company Sent up by M r Chamberlain 

An Act to incorporate the Episcopal Society in Portsmouth was 
read a third time and passed to be Enacted — 

Sent up by M r Sherburne & M r Emerson 
The vote for allowing M r Hough twenty two pounds live shil- 
lings and nine pence came down from the Honb 1 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 1 ' Cragin — 

Adjourned to 9 o'Clock to morrow morning — 



SATURDAY Feb* i 



1791 



The House met according to adjournment 
Voted that the Account of Nathanael Rogers & Nath 11 Gilman 
amounting to four pounds be allowed and paid out of the Treasury 
by order of the President and that said Rogers & Gilman lodge 



I79l] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 221 

in the Secretarys office the receipt by them taken of James Mac- 
gregore Esq 1 ' Comptroller of Accounts Sent up by M r Gerrish 

Voted 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 1 ' Comptroller of Accounts and 
that they be kept in an Office at Exeter — - 

Sent up by M r Gerrish 

Resolved that there be and hereby is established the four fol- 
lowing routs for 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- 
town 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 fourth rout ten pounds for six months only commencing 
the first of April next and they shall reverse their respective routs 
weekly, provided and it is the intent of this resolve that All Acts 
proclamations 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 Haverhill and 



222 



NEW HAMPSHIRE EARLY STATE PAPERS. 



[1791 



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 Secretary'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 duty of the Several post 
masters and post riders before they 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) — 



Yeas. 



Yeas. 



Yeas. 



Yeas. 



M r Gains 


M r Chamberlain 


M r Warner 


M r Penniman 


M r Sherburne 


Mr Bradley 


M r Smith 


M r Duncan 


M r Wentworth 


M r Bartlett 


M r Wallace 


M r Burnam 


M 1 ' Macgregore 


M r Palmer 


M r Gerrish 


M r Crawford 


M r Blanchard 


Mr Hale 


M r Flanders 


M r Hoit 


M r Top pan 


M r Badger 


M r Page 


M r Freeman 


M r Brown 


Mr Hoit 


Mr Stiles 


Mr Payne 


M* Hill 


M r Copp 


M r Temple 


Mr Tarlton 


Mr Cilley 


Mr McMillan 


M r Well man 


M r Dame 


Mr M^'Clarey 


Mr Taylor 


M r Lane 


M r Young 


M r Clough 


M r Dole 


M r Grout 




Nays. 


Nays. 


Nays. 


Nays. 


Mr Weeks 


M r Parker 


M r Shepherd 


M r Morse 


M r Eastman 


M r Barrett 


M r Whitcomb 


M r Stone 


M r Gibson 


Mr Clark 


Mr Prescutt 


M r Kimball 


Mr Giles 


M r Cragin 


M r Alexander 


M r Eames 


M r Emerson 


M r Flanders 


M r Rand 





43 Yeas — 19 Nays — so it passed in the affirmative 

Sent up by M r 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 
sitting in their Legislative capacity, And that the President of 
this State be requested to forward this resolve as soon as may 



1 79*] 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 r Giles — 

Voted that M r Connor, M r Gibson & M r Hale with such of 
the Honb 1 Senate as they may join be a Committee to 
consider of *the Account of Eliphalet Giddinge Esq 1 " * 14-165 
and report thereon — Sent up by M r 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 by M r Copp and M r Dole — 

The Committee on the Petition and Account of John Orr Esq r 
reported that the said John Orr Esq r 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 r 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 prayer thereof may not be 
granted — Sent up by M r Weeks — 

Adjourned to 3 o'Clock P. M — 
Met accordingly — 

Resolved that John T Gilman, Sanford Kingsbury & 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 by 
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 any such Services done or losses Suffered 



224 



NEW HAMPSHIRE EARLY STATE PAPERS. 



[1791 



in the late war, as would have been in case they had been pre- 
sented within the time limited by Congress for receiving them, 

proper charges by this State against the United States 
* 14-166 — And 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 by causing the Same to be published in all the public papers 
printed in this State and the said Commissioners shall by the 
first 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 bv 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 1 ' 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) — 



Yeas. 


Yeas. 


Yeas. 


Yeas. 


M r Macgregore 


AP' Copp 


M r Grout 


.AP- E Hoit 


M 1 * Eastman 


M r Barrett 


M 1 ' Penniman 


Mi- Tarlton 


Mr Bartlett 


M r Jere Smith 


M r Kimball 


M r Young 


M r Jo s Smith 


M r Page 


M 1 ' Duncan 




Nays. 


Nays. 


Nays. 


Nays. 


M r Gains 


AB- Cilley 


M r Taylor 


M r Prescutt 


M r Sherburne 


AP - Bradley 


M r Emerson 


Mr Allen 


M r Wentworth 


M r Gibson 


M r Parker 


Air R an d 


M r Connor 


M>- Kellie 


Mr Clark 


AP Wallace 


M r Blanchard 


M r Palmer 


M 1 ' Cra^in 


AP- Holmes 


M* Weeks 


M>- Hale 


Mr Wallace 


AP- Alorss 


AP' Toppan 


M r Badger 


Mi- Shepherd 


AI r stone 


M r Brown 


AP Giles 


Mi - Stiles 


AP" Baker 


M r Plummer 


M'N Hoit 


Mi- Whitcomb 


AP" Freeman 


AM- Hill 


Mi- APAIillan 







I79 1 ] 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 M r J * 14-167 
S Sherburne for his attention to and draughting of Sev- 
eral public bills the present Session without fee or reward — 
Adjourned to Monday next at 9 o'Clock AM — 

MONDAY Feb* 14 th 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 r Young 

An Act for the punishment of Idle and disorderly persons for 
the Support and maintenance of the Poor and for 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 r Gains & M r Copp — 

Whereas in and by an Act passed the 28 th 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 for 
selling the Excise in the County of Rockingham, John Waldron 
and Joshua Wingate in the County of Strafford, 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 day of January 1791 
— in their respective Counties before the said last day of March 

15 



226 NEW HAMPSHIRE EARLY STATE PAPERS. [ I 79 I 

and that the Several Committees respectively are hereby 

* 14-168 required to take bond with two Sufficient * Sureties of 
El'l'LV "-- the farmer in each County payable by the first day 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 r 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 r Blanchard & M r Clark 

An Act regulating Bail in civil causes was read a third time 
and passed to be Enacted — 

Sent up by M r Blanchard & M r Clark 
Adjourned to 3 o'Clock P M 
Met accordingly — 
Resolved that the Members of the Honb 1 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 r Prescutt 

Voted that the allowance for travel and attendance of the Mem- 
bers of the Honb 1 Senate and House of Representatives and their 
Officers be the Same as at the last Session and the allowance to 
the Honb 1 Council the Same as the last year and that the Secre- 
tary and Clerk make up the respective rolls accordingly 

Sent up by M l Prescutt 
Voted that M r Toppan M r Hoit, M r Barrett, M r Page and M r 
Baker with such of the Honb 1 Senate as they 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 r Prescutt — 
Voted that M r Plummer, M 1 ' Page and M r Taylor with such of 
the Honb 1 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 r 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 



I79 1 ] 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 r Smith & M r 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.] x [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 r Macgregore 
M r Clough 
M r Chamberlain 
Mr J s Smith 
Mr Copp 
Mr Dole 



* Nays. 
Mr Gains 
M* Wentworth 
Mr Connor 
Mr Blanchard 
Mr Weeks 
M r Brown 
M r Eastman 
Mr Plummer 
Mr Hill 

23 Yeas — 



Yeas. 
M r Warner 
Mr Gerrish 
M r Flanders 
M r Page 
M r Stiles 
M r Prescutt 

Nays. 
M r 'M c Clarey 
M r Bradley 
M r Bartlett 
M r Gibson 
Mr Kellie 
Mr Palmer 
Mr Badger 
Mr Hoit 
Mr M c Millan 



Yeas. 
M r Temple 
M r Wellman 
M r Grout 
M r Holmes 
M r Kimball 
M r Duncan 

Nays. 
M r Taylor 
M 1 ' Emerson 
M r Parker 
M r Barrett 
M 1 ' Clark 
M r Cragin 
M r Wallace 
M r Shepherd 
M r Whitcomb 



Yeas. 
M r Burnam 
M r Crawford 
M r Freeman 
Mr Tarlton 
M r Dame 

Nays. *I4- 
M r Alexander 
Mr Rand 
M 1 ' Penniman 
M r Morse 
Mr Stone 
M r Baker 
M r E Hoit 
M r Young 
M r Eames 



■170 



36 Nays — so it passed in the negative] 

1 Not in printed journal. 



228 



NEW HAMPSHIRE EARLY STATE PAPERS, 



[1791 



Voted 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 r 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 1 ' 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 r Holmes & M 1 ' 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 M r Holmes & M r Plummer 
Adjourned to 9 o'Clock to morrow morning 



TUESDAY Feb* 15 th 1791. 

The House met according to adjournment 
The vote for establishing the Salary of the Judges of the Su- 
perior Court came down from the Honb 1 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. 
M r Blanchard 
M r Eastman 
M* Hill 
M r Clough 
M r Chamberlain 
M* Bradley 
M r J o s Smith 
M r Palmer 



Yeas. 
M r Badger 
M* N Hoit 
A I'- Copp 
M* McMillan 
M r Taylor 
M* Dole 
M* Parker 
M r Craein 



M r Smith 
Mr Stiles 
M r Whitcomb 
M r Prescutt 
M r Rand 
M* Grout 
M r Holmes 
M* Kimball 



Yeas. 
M r Baker 
M r Crawford 
Mr E Hoit 
M r Freeman 
M r Dame 
M r Young 
M r Eames 



I79 1 ] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 



229 



Nays. 


Nays. 


Nays. 


Nays. 


M r Gains 


M r Plummer 


M r Warner 


M r Wellman 


M r Wentworth 


Mr Cilley 


M r Barrett 


M r Stone 


M r Connor 


M r McClarey 


M r Wallace 


M r Duncan 


M r Weeks 


M r Bartlett 


M r Page 


M r Burnam 


M r Toppan 


Mr Kellie 


M r Alexander 


M r Tarlton 


M r Brown 


M r Emerson 


M r Temple 





31 Yeas — 23 Nays — so the vote was confirmed — 

An Act for the punishment of Lewdness Adultery and Polyg- 
amy, was read a third time and passed to be Enacted — 

Sent up by M r Page & M r Warner — 

An Act subjecting lands and tenements to the payment of debts 
and directing the mode of levying executions on real and per- 
sonal Estate — was read a third time and passed to be Enacted 

Sent up by M r Page & M r 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 they be distributed as follows (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 M r Crawford 

*The Committee on the Abstract from Pay 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 settled — 
which report being read and considered — voted that it be received 
and accepted — Sent up by M r 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 by M r Crawford & M r Dame 



230 



NEW HAMPSHIRE EARLY STATE PAPERS. 



[1791 



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. Yeas. Yeas. Yeas. 



M r Gains 


M r M^Clarey 


Mr McMillan 


M r Grout 


M r Wentworth 


M* Clough 


Mr Taylor 


M r Morse 


M r Connor 


M r Chamberlain 


M r J ere Smith 


M r Crawford 


M r Blanchard 


Mr Bradley 


Mr Wallace 


Mr E Hoit 


Mr Weeks 


Mr Kellie 


M r Gerrish 


M r Freeman 


M r Brown 


M r Badger 


Mr Page 


M r Dame 


M r Plummer 


Mi- N Hoit 


M r Whitcomb 


M r Young 


Mr Cilley 


M r Copp 


M r Alexander 




Nays. 


Nays. 


Nays. 


Nays. 


M r Macgregore 


Mi- Palmer 


M r Cragin 


M r Holmes 


M r Eastman 


Mr Dole 


Mr Stiles 


M r Stone 


Mr Toppan 


M r Emerson 


Mr Prescutt 


Mr Kimball 


Mi" Hill 


M r Warner 


M r Temple 


M r Burnam 


M r Bartlett 


M r Parker 


M r Rand 


M r Tarlton 


M r Jo* Smith 


M r Barrett 


Mr Wellman 


M r Eames 


M r Gibson 


Mr Clark 







31 Yeas — 26 Nays — 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 * voted that 

it be received and accepted and that the Treasurer 

govern himself accordingly — Sent up by M r Chamberlain 

An Act to restore William Boynton to his Law r — was read a 
third time and passed to be Enacted — 

Sent up by M r Chamberlain & M r Cragin 
Voted that the Revr d M r Evans have and receive out of the 
Treasury by order of the President three pounds twelve Shillings 
a recompence for his Officiating as Chaplain to the General 



as 



Court during the present Session — Sent up by M r M°Clarey 

The vote respecting post roads & post riders came down from 
the Honb 1 Senate for the following amendment ' k that there be a 
post Officer appointed at Plastow" on which amendment the yeas 
and nays were called and are as follows 

Yeas. Yeas. Yeas. Yeas. 



M r Connor 


M r Jo s Smith 


M r Tavlor 


Mr Wallace 


M 1 ' Macgregore 


Mr Kellie 


Mr Dole 


M 1 ' Gerrish 


M>- M'Clarey 


Mr N Hoit 


Mr Warner 


M r Page 


M r Chamberlain 


M 1 ' Copp 


M r Cragin 

t 


Mr Stiles 



I79l] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 



231 



Yeas. 


Yeas. 


Yeas. 


Yeas. 


M r Holmes 


M r Duncan 


Mr E Hoit 


M r Eames 


Mr Kimball 


M r Baker 


M r Dame 




Nays. 


Nays. 


Nays. 


Nays. 


M r Gains 


Mr Cilley 


M r Barrett 


M r Penniman 


M r Wentworth 


M r Bradley 


M r Clark 


M r Morse 


M r Blanchard 


M r Bartlett 


M r Shepherd 


M 1 ' Stone 


M r Weeks 


M 1 ' Gibson 


M r Whitcomb 


M r Burnam 


M r Brown 


M r Palmer 


M r Prescutt 


M r Crawford 


M r Eastman 


M r Badger 


M r Alexander 


M r Tarlton 


M r Plummer 


M 1 ' Emerson 


M r Rand 


M r Young 


M r Hill 


M r Parker 


M r Wellman 





23 Yeas — 31 Nays — so it passed in the negative 

The Committee to consider of the Petition of Joseph Kimball 
Esq 1 ' reported that no extent be issued against the Town of Plain- 
field on account of said Town's being deficient in furnishing their 
Quota of Soldiers in the late war until the next session of the 
General Court — which report being read and considered voted 
that it be received & accepted and that the Treasurer govern him- 
self accordingly — Sent up by M 1 ' M c Clarey 

Voted that the Account of the Honb 1 Ebenz 1 ' Smith Esq 1 " 
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 r Holmes 

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 r Holmes 
Adjourned to 9 o'Clock to morrow morning 

WEDNESDAY Feb* 16 th 1791. 

The House met according to adjournment 
Voted that the Account of Maj 1 ' William Duncan amounting to 

Eighteen shillings be allowed and paid out of the Treasury by 

order of the President — Sent up by M r 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. 
M r Wentworth 
M r Blanchard 
Mr Hill 
Mr McClarey 
Mr Gibson 
Mr Kellie 
Mr Badger 



Yeas. 
Mr N Hoit 

M 1 ' Copp 

Mr McMillan 

M r Warner 
M r Parker 
M r Barrett 
Mr Clark 



Yeas. 
M r Cragin 
M r Gerrish 
M r Whitcomb 
M 1 ' Prescutt 
M r Alexander 
M r Temple 
M r Wellman 



Yeas. 
M r Grout 
M r Penniman 
M r Morse 
M r Burnam 
Mr E Hoit 
M r Young 
M r Eames 



232 



NEW HAMPSHIRE EARLY STATE PAPERS. 



[1791 



Nays. 
M r Gains 
M r Connor 
M r Macgregore 
Mr Weeks 
M r Brown 
M r Eastman 
M r Plummer 
M* Cilley 

28 Yeas- 



Nays. 

M r Chamberlain 
M r Bradley 
M r Jo s Smith 
M r Palmer 
Mr Taylor 
M r Dole 
M r Emerson 



Nays. 
M r Jer e Smith 
M r Wallace 
Mr Page 
M r Shepherd 
Mr Stiles 
Mr Rand 
M r Stone 



Nays. 
Mr Kimball 
M r Duncan 
M r Baker 
M r Crawford 
M r Freeman 
Mr Tarlton 
M r Dame 



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 follows — 



Yeas. Yeas. 

M r Blanchard M r Bradley 

Mr Hill Mr Gibson 

M r McClarey M r Kellie 

* I4 ._ I7 r * M rGerrish M ' Temple 
14 175 m uernsn Mr Wellma 



M r Whitcomb 
M r Prescutt 
M r Alexander 

Nays. 
M r Gains 
M r Wentworth 
M r Connor 
M r Macgregore 
M r Weeks 
M r Brown 
M r Eastman 



man 
M r Grout 
M r Morse 
M r Badger 

Nays. 
M r Plummer 
Mr Cilley 
M r Chamberlain 
M r Jo s Smith 
M r Palmer 
M r Copp 
M r Tavlor 



Yeas. 
Mr N Hoit 
Mr McMillan 
M r Warner 
M r Stone 
M r Baker 
M r Burnam 
M r Crawford 
Mr Parker 

Nays. 
M r Dole 
M r Emerson 
M r Je r Smith 
M r Wallace 
M r Page 
M r Shepherd 
M r Stiles 



Yeas. 
Mr Barrett 
Mr Clark 
M r Cragin 
M r E Hoit 
M r Freeman 
M r Young 
M r Eames 

Nays. 
Mr Rand 
M r Penniman 
M r Kimball 
M r Duncan 
M r Tarlton 
M r Dame 



30 Yeas — 27 Nays — so it passed in the Affirmative 

Sent up by M 1 ' 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 r Smith & M r Eames — 
An Act directing the proceedings in case of forcible entry and 
detainer of lands and tenements — was read a third time and 
passed to be Enacted — Sent up by M r Smith & M 1 ' Eames 

An Act regulating licensed houses, was read a third time and 
passed to be Enacted — Sent up by M r Smith & M r Eames 

Voted that the Account of Jeremiah Smith Esq r 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 1 ' Warner 



I79 1 ] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 233 

Voted that the Account of Nath 11 Peabody Esq r amounting to 
forty one pounds & two shillings be allowed & paid out of the 
Treasury by order of the President — Sent up by M r Warner 

Voted that the Account of John Sullivan Esq r amounting to 
thirty two pounds Six shillings be allowed and paid out of the 
Treasury by order of the President — Sent up by M r 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 r Warner 

* Voted that the Account of Edward S Livermore Esq r * 14-176 
amounting to three pounds be allowed and paid out of 
the Treasury by order of the President — 

Sent up by M r Warner 

Voted 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 r 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 r 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 NEW HAMPSHIRE EARLY STATE PAPERS. [ I 79 I 

their Memorial and what other measures if any they 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 M r Parker — 
Adjourned to 3 o'Clock P. M — 
Met accordingly — 
An Act relative to the Attestation of Wills — was read a third 
time and passed to be Enacted — 

Sent up by M r Plummer & M r Macgregore 
Voted that the Members of the Honb 1 Senate and their Clerk 
be allowed four pence ~$ r mile for travel to and from the place of 
their meeting when sitting for the trial of the Honb 1 Woodbury 
Langdon Esq r and Six shillings ^ r 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 r Whitcomb — 
An Act relating to attorne}'s, was read a third time & passed to 
be Enacted — Sent up by M r Whitcomb & M r 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 r 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 r Whitcomb & M r 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 r Whitcomb & M r 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 r 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 



I79 1 ] 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 such 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' 1 voted that it be rec d & accepted 

Sent up by M r 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 r Prescutt & M r Temple 

Voted that the Account of Caleb Buswell amounting to twenty 
Dne pounds ten shillings be allowed and paid out of the Treasury 
:>y order of the President from the money now in the Treasury — 

Sent up by M r M c Clarey 
[ Voted that the Account of William Duncan amounting to three 
rounds be allowed and paid out of the Treasury by order of the 
President— Sent up by M r M c Clarey] 

Resolved that in all future Sessions of the Legislature of this 

State that the Doors of the Senate be open for the admission of 

he Citizens of this State to hear the debates of the Senate in the 

ame manner as citizens are now admitted to hear the debates of 

he House of Representatives — Sent up by M 1 ' M c Clarey 



236 NEW HAMPSHIRE EARLY STATE PAPERS. [ I 79 I 

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 
Treasurv bv the first dav of March 1792 — 

Sent up by M r M c Clarey 

The Committee to consider of a Letter from Alexander Hamil- 
ton Esq r 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 Treasury dated Jan y 14 th 
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 may think for the 
public good — which report being read and considered voted that 
it be received and accepted — Sent up by M r M c 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 by 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 1 
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. 

On which motion the yeas and nays were called, and are as 
follow : 

1 Taken from printed journal. 



I79 I J JOURNAL OF THE HOUSE OF REPRESENTATIVES. 



237 



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. Went worth, 
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. W T hitcomb, 
Mr. Morse, 



Yeas. 
Mr. Joseph Smith, 
Mr. Gerrish, 
Mr. Prescott, 
Mr. Holmes, 
Mr. Crawford. 

Nays. 
Mr. Blanchard, 
Mr. Plummer, 
Mr. Bartlett, 
Mr. Badger, 
Mr. Emerson, 
Mr. Cragin, 
Mr. Alexander, 
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. 
M r Blanchard 
Mr Hill 
M r M c Clarey 
M r Bradley 
M r Gibson 
Mr Kellie 
M r Badger 
Mr N Hoit 

Nays. 
M r Gains 
M r Wentworth 
M r Connor 
M r Macgregore 
M r Weeks 
Mr Toppan 
M r Brown 
M r Eastman 



Yeas. 
M r Wallace 
M r Warner 
M* Parker 
M r Barrett 
Mr Clark 
M r Cragin 
M r Gerrish 
M r Whitcomb 

Nays. 
M r Plummer 
Mr Cilley 
M r Clough 
M r Chamberlain 
M r Bartlett 
M r Jo s Smith 
M r Palmer 
Mr Copp 



Yeas. 
M r Prescutt 
M r Alexander 
M r Temple 
M r Wallace 
M r Grout 
M r Holmes 
M r Morse 
M r Stone 

Nays. 
Mr Taylor 
Mr Dole 
M r Emerson 
M r Jer e Smith 
M r Wallace 
M r Flanders 
Mr Page 
M r Shepherd 



Yeas. 
M r Baker 
M r Burnam 
M r Crawford 
Mr E Hoitf 
M r Freeman 
M r Young 
M r Eames 

Nays. 
M r Stiles 
M r Rand 
M r Penniman 
Mr Kimball 
M r Duncan 
M r Dow 
M r Tarlton 
M r Dame 



31 Yeas — 32 Nays — so it was negatived — 

Adjourned to 9 o'Clock to morrow morning 



238 NEW HAMPSHIRE EARLY STATE PAPERS. [ I 79 I 

THURSDAY Fee* 17 th 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 r Gains & M r Freeman 
Voted that the Account of James Gray 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 r 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 Treasury by order of the President from the revenue aris- 
ing by Excise — Sent up by M r Gains — 

Voted that no extent issue against the Select men of Bath for 
any public taxes until January 1792 — 

Sent up by M r Young 
*I4~i8i * Voted that the Account of John Calfe Esq 1 ' 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 by M r 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 r 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 r Warner 

An Act to authorize the Treasurer to issue precepts to certain 
Towns and places was read a third time & passed to be Enacted — 

Sent up by M r Warner & M r Cragin 
Voted that his Excellency the President be desired to give 
information to the Revr (l M r Evans of Concord that it is the desire 
of the Legislature that he would prepare & deliver an Election 
Sermon at Concord before the General Court that may assemble 
on the first Wednesday in June next and in case that it should so 
happen that the Revr d M r Evans cannot attend, that the Revr d M r 
Morrison of Londondery be requested to prepare for the above 
purpose — Sent up by M r Emerson 

Voted that M 1 ' Toppan, M r Page & M r Macgregore with such 
of the Honb 1 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 r E Hoit 
Adjourned to 3 o'Clock P. M — 



I79 1 ] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 239 



Met accordingly 
Voted that M r Gains, M r Page & M r Badger with such of the 
Honb 1 Senate as they may 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 r Eames — 

On motion whether this state will make any grant * to * 14-182 
the Revr d M r Belknap for his encouragement in com- 
piling and perfecting the History of this State — The yeas and 
nays were called and are as follows — (viz) — 



Yeas. 


Yeas. 


Yeas. 


Yeas. 


M 1 Gains 


M r Cilley 


M r Warner 


M r Wellman 


M r Connor 


M r Bradley 


M r Parker 


M r Grout 


M r Macgregore 


M r Bartlett 


M r Barrett 


M r Holmes 


M r Blanchard 


Mr Kellie 


M r Jere Smith 


M r Stone 


M r Weeks 


M r Palmer 


M r Gerrish 


M r Duncan 


M r Toppan 


Mr Copp 


M r Page 


M r Freeman 


M r Plummer 


M r McMillan 


M r Stiles 


M r Tarlton 


Mr Hill 


M r Emerson 


M r Prescutt 


M r Eames 


Nays. 


Nays. 


Nays. 


Nays. 


M r Brown 


Mr N Hoit 


M r Shepherd 


M r Kimball 


M r Eastman 


M r Taylor 


M r Whitcomb 


Mr Baker 


M r M c Clarey 


Mr Dole 


M r Alexander 


M r Burnam 


M r Clough 


Mr Clark 


Mr Temple 


M r Crawford 


M r Chamberlain 


M r Cragin 


M r Rand 


M r E Hoit 


M r Jo s Smith 


M r Wallace 


M r Penniman 


M r Dame 


M r Gibson 


M r Flanders 


M r Morse 


M r Young 


Mr Badger 









32 Yeas — 29 Nays — so it passed in the Affirmative 
Voted that the Revr a Jeremy Belknap have & receive out of the 
Treasury of this State fifty 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. 
Mr Gains 
M r Connor 
M r Macgregore 
Mr Blanchard 
Mr Weeks 
Mr Toppan 
M r Plummer 
Mr Hill 
M r Cilley 



"Yeas. 
M r McClarey 
M r Clough 
M r Chamberlain 
M r Bradley 
M r Bartlett 
Mr Kellie 
M r Palmer 
Mr Copp 
M r M c Millan 



Yeas. 
M r Emerson 
M r Warner 
M r Parker 
M r Barrett 
M r Jere Smith 
M r Gerrish 
M r Page 
M r Stiles 



Yeas. 
M r Prescutt 
M r Wellman 
M r Grout 
M r Holmes 
M r Duncan 
M r Freeman 
Mr Tarlton 
M r Eames 



240 



NEW HAMPSHIRE EARLY STATE PAPERS. 



[ x 79i 



Nays. 
M r Brown 
M r Eastman 
M r Jo s Smith 
M r Gibson 
M r Badger 
Mr N Hoit 
M r Taylor 



Nays. 
Mr Dole 
M'- Clark 
M r Cragin 
M* Wallace 
M r Flanders 
M r Shepherd 
M r Whitcomb 



Nays. 
M r Alexander 
M r Temple 
M r Rand 
M r Penniman 
M 1 ' Morse 
M r Stone 



Nays. 
M r Baker 
M r Burn am 
M r Crawford 
M r E Hoit 
M r Dame 



34 Yeas — 26 Nays — so it passed in the affirmative 

Sent up by M r 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. 
M r Gains 
M r Macgregore 
M r Blanchard 
Mr Weeks 
M r Toppan 
M r Brown 
M r Chamberlain 
M r Bartlett 
M r Gibson 
Mr Kellie 
M r Palmer 

Nays. Nays. Nays. Nays. 

M r Connor M r M c Clarey M r Parker M r Gerrish 

M r Eastman M r Bradley M r Barrett M r Grout 

M r Plummer M r Jo s Smith M r Cragin M r Penniman 

M r Hill M r Emerson M r Wallace M r Morse 
Mr Cilley 

41 Yeas — 17 Nays — so it passed in the Affirmative 

Sent up by M r 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 day of May next unless the Several 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 hy M r Brown 



Yeas. 
Mr N Hoit 
M r Copp 
M r McMillan 
Mr Taylor 
Mr Dole 
M r Warner 
M r J ere Smith 
M r Flanders 
M r Page 
M r Shepherd 



Yeas. 
Mr Stiles 
M r Whitcomb 
M r Prescutt 
M r Alexander 
M r Temple 
Mr Rand 
M r Wellman 
M r Holmes 
M r Stone 
Mr Kimball 



Yeas. 
M r Duncan 
M r Baker 
M r Burnam 
M r Crawford 
Mr E Hoit 
M r Freeman 
M r Tarlton 
M r Dame 
M r Young 
M r Eames 



1 791] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 24I 

The following vote respecting the Honb 1 Woodbury Langdon 
came down from the Honb 1 Senate — 

TT , . > In Senate Chamber Concord Feb 1 ' 17 th 1701 — 

Hampshire ) 

The Honb 1 Ebenz 1 ' Smith Senior Senator in the Chair Nath 11 
Peabody, Ebenz r Webster, John Bell, Amos Shepherd Peter 
Green, Nath 11 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 January last purporting to be an Address to his 
Excellency the President and the Honb 1 Council for the removal 
of Honb 1 Woodbury Langdon Esq r 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 1 House of Representatives with 
respect to said Langdon and his conduct toward them and the 
Senate being duly 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 say 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 1 ' 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 r Langdon im- 
pressed with these Sentiments or from other motives hath prior to 
said resolve by a letter dated the 17 th of January last for that pur- 
pose now before the President and Council actually 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 1 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 Unanimously voted that it is 

16 



242 NEW HAMPSHIRE EARLY STATE PAPERS. [ I 79 I 

not their duty to Concur with the Honourable House in their said 
Resolve or Address — [Joseph Pearson Secretary] 

Voted that the Honb 1 Jeremiah Smith Esq 1 ' 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 System 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 r Smith cannot attend that the 
President and Council appoint some other person — 

Sent up by M r E Hoit — 
Adjourned to 8 o'Clock to morrow morning 

FRIDAY Feb r 18 th 1791. 

The House met according to adjournment 

The following resolve came down from the Honb 1 Senate for 
Concurrence — 

Whereas Samuel Flagg hath Petitioned the General Court of 
said State setting forth that Zaccheus Cutler late of Amherst in 1 
said State Esq 1 " on the fourth day of Sept 1 ' A D 1774 For value j 
received made and Subscribed his note of hand to the said Sam- J 
uel for the Sum of Eighty eight pounds Seven shillings & ten i 
pence Lawful money carrying Interest and his further note for| 
the Sum of Six pounds fifteen shillings and Seven pence like 
money with Interest after three months — And afterwards the said 
notes being due and unpaid became an absentee & by 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 founq 
in outstanding debts due to said Estate not proportioned among 
the Creditors or that he might be otherwise relieved and obtaii, 
Substantial justice as to the said Court might Seem most fit — 

Which prayer appearing reasonable 

Be it therefore Resolved that the said Samuels Claims aforesaic 



1 79*] 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 r 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 any expence to the State — Sent up by M r Smith 

Resolved that all Specie orders or orders drawn by the President 
on the Treasurer or the funds of Impost Excise or Naval Office 
and Wolf Certificates be indiscriminately received in the payment 
of an}' outstanding Specie Tax, Impost or Excise bonds — 

Sent up by M r Holmes 

An Act for suspending the operation of Sundry Acts therein 
enumerated until a certain time therein mentioned came down from 
the Honb 1 Senate to be Enacted and after having been read a third 
time was Enacted — Sent up by M r Smith & M r Emerson 

The vote appointing M r Smith to inspect the press &c came down 
from the Honb 1 Senate for the following amendment "That the 
Honb 1 Nath 11 Peabody Esq 1 " 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 & lay the Same 
before the General Court at the next Session which amendment 
was read & concurred — Sent up by M r Prescutt 

Voted that the President with advice of Council be desired to 
adjourn the General Court to the last Wednesday in May next 
then to meet at Concord — Sent up by M r Prescutt — 

Resolved that the thanks of the General Court be returned to 
the Town of Concord for the generous and very polite offer made 
j 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 1 Moses Dow 



244 NEW HAMPSHIRE EARLY STATE PAPERS. [ I 79 I 

Esquire be a Committee to present a Copy of this Resolve to the 
Select men of the Town of Concord — Sent up by M r Prescutt 

Voted that the Clerk of this House be directed to furnish the 
Treasurer with a Copy of the vote for staying extents for the out- 
standing Certificate & Indent Taxes — 

The Secretary 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 

1 [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 £16 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 lottery 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 8s. 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 th 1790 * 1 B. N.-64 

Present His Excellency Josiah Bartlett Esq Pres- 
ident The Hon ble Christopher Toppan, Joseph [Badger], Rob 1 
Wallace Lemuel Holmes and Jonathan Freeman Esquires — 

Proceeded and nominated 

Daniel Newcomb of Keene Esq, Sam 1 Ashley Esq of Clare- 
mont, Benj Bellows Esq of Walpole and Francis Smith Esq of 
Plainfield one of whom for first Justice of the Inferior Court on 
Com 11 Pleas for the County of Cheshire — Jonathan Freeman 

Joseph Badger J r 
Lemuel Holmes 
Christo 1 ' Toppan 
Robert Wallace 

At a Council holden at Concord June 10 th 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 for a Justice of the peace & of the Quo- 
rum for the County of Rockingham — 

Mathias Bartlett, Moses Hook Jer h Clough Jun r Nathaniel 
Batchelder, Simon Wiggin, Jon a Leavitt Elisha Brown Tim Ladd 
of Salem Stephen March of Greenland, and Jn° 
White of *Plastow for Justices of the Peace for * 1 B. N.-65 
the County of Rockingham — 

George Frost Esq of Durham for a Justice of the Peace and of 
the Quorum for the County of Strafford — Solom 11 Emerson of 



248 NEW HAMPSHIRE EARLY STATE PAPERS. [179O-9I 

Madbury Jabez Dame of Rochester Jn° Smith 3 d Durham, for 
Justices of the Peace for the County of Strafford. — 

Nath 1 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 a Brown of Epping for U Col and Olivr Morrill of Epping 
for Maj. of the 4 th Regiment of Militia — 

Advised to by us — Christo 1- Toppan 

Joseph Badger J r 
Lemuel Holmes 
Robert Wallace 
Jon a Freeman 
* 1 B. N.-66 * At a Council holden at Concord June 11 th 1790 

Present His Excellency Josiah Bartlett Esq Pres- 
ident The Hon. Christ Toppan Joseph Badger Robert Wallace 
Lemuel Holmes & Jon a Freeman Esq rs — 
Proceeded & nominated — 

Ezekiel Godfrey of Poplin for a Justice of the Peace for the 
County of Rockingham — 

Levi Dearborn of N th Hampton for d° 

Caleb Tilton of Hampton falls for d° Christo 1 ' Toppan 

Robert Wallace 
Jon a Freeman 
Lemuel Holmes 
Joseph Badger J r 

At a Council holden at Concord June 16 th 1790. — 

Present, His Excellency Josiah Bartlett Esq President The Hon 
Joseph Badger Rob 1 Wallace Lemuel Holmes & Jon a 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" 



I79O-9 1 ] RECORDS OF PRESIDENT AND COUNCIL. 249 

Thomas Pennyman of Washington for a Justice of the Peace 
for the County of Cheshire Christo r Toppan. 

Lemuel Holmes. 
Joseph Badger J 1 *. 
Robert Wallace. 
Jon a Freeman. 

*At a Council holden at Concord June 17, 1790 — * 1 B. N.-67 
Present His Excellency Josiah Bartlett Esq Presid 1 
The Hon. Christ Toppan Joseph Badger Rob* Wallace Lemuel 
Holmes & Jon a 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 r 

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 1 * Webster for a Justice of the Peace & Quorum for the 
County of Hillsbor — 

Henry Gerrish of Boscawen for a Justice for the County of 
Hillsbor — 

Jerem h 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 c 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 rs one of whom for a Chief Justice of the Su- 
perior Court of Judicature — 

The Hon Tho s Bartlett, Daniel Humphreys, James Sheafe & 
Nath 1 Rogers Esq. one of whom for a Justice of the Inferior Court of 
Common Pleas for the County of Rockingham — 
*The Hon. Oliver Peabody, Nathaniel Peabody, *i B. N.-68 
Daniel Humphreys, Joshua Bracket, W m Plum- 



250 NEW HAMPSHIRE EARLY STATE PAPERS. [179O-9I 

mer & Daniel Rindge Esq rs one of whom for a Judge of Probate 
for the County of Rockingham. — Jonathan Freeman 

Chfisto 1 " Toppan 
Joseph Badger J r 
Robert Wallace 
Lemuel Holmes — 
At a Council holden at Concord June 19 th 1790 
Present His Exellency Josiah Bartlett Esq President The Hon 
Christ Toppan Joseph Badger Rob 1 Wallace Lemuel Holmes & 
Jonathan Freeman Esq 8 
proceeded & nominated 

Benj a Mann of Mason for a Justice of the Peace for the County 
of Hillsbor — 
Jon a Searle for d° 
John Cochran Jun r New Boston for d° 

Christ Toppan 
Jonathan Freeman 
Robert Wallace 
Joseph Badger J 1 ' 
Lemuel Holmes 

* 1 B. N.-69 * At a Council holden at Kingstown July 8 th 1790 

Present His Excellency Josiah Bartlett Esq Presi- 
dent The Hon. Christopher Toppan Joseph Badger Rob 1 Wallace, 
Lem 1 Holmes & Jonathan Freeman Esquires — 
Proceeded & nominated 

John Shepard of Gilmantown for a Justice of the Peace for the 
County of Strafford. 

Joseph Badger Jun 1 ' of Gilmantown for a Justice of the Peace & 
Quorum for the County of Strafford Christo r Toppan 

Jon a Freeman 
Robert Wallace 
Lemuel Holmes 
Josiah Gilman Jun r for a Justice of the Peace for the County of 
Rockingham — 

Rich 11 Jenness of Deerlield for a Justice of the Peace for s d 
County. Christo 1- Toppan 

Jon a Freeman 
Robert Wallace 
Lem 11 Holmes 
Joseph Badger J 1 * 

* 1 B. N.-70 * Proceeded & nominated. — 

John M c Clary & Sam 1 Penhallow Doct r Cutter 



I790-9 1 ] RECORDS OF PRESIDENT AND COUNCIL. 25 1 

Esq rs 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 c Duffee Esq for special Justices of 
the Sup. Court for the County of Strafford in certain causes &c. 

Joshua Bailey & Sam 1 Wilkins Esq rs for special Justices of the 
Sup. Court for the County of Hillsbor in certain Causes &c — 

Sam 1 Stevens & Calvin Frink Esq rs for special Justices of the 
Sup. Court for the County of Cheshire in certain causes &c 

Russell Freeman & Davenport Phelps Esq rs for special Justices 
of the Sup. Court for the County of Grafton in certain causes &c — 

Christo r Toppan 
Jon a Freeman 
Lem 11 Holmes 
Joseph Badger Ju r 
RobertWallace — 

* At a Council holden at Exeter Aug. 19 1790. — * 1 B. N.-71 
Present, His Excellency Josiah Bartlett Esq. Pres- 
ident. The Hon. Christopher Toppan, Joseph Badger, Rob* 
Wallace Jon a Freeman & Lemuel Holmes Esquires. — 

Proceeded & nominated. 

Simmons Secomb of Kingston for a Justice for the County of 
Rockingham. 

Tho s Stow Raney of Brintwood for d° — 

Will m Harper of Sandbornton for a Justice of the peace for the 
County 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 & Quorum 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 s Johnston for a Justice of the Peace & Quorum for the County 
of Grafton — 



252 NEW HAMPSHIRE EARLY STATE PAPERS. [179O-9I 

Edm' 1 Shattock for a Just c Peac e for the County of Grafton 
M r Thomas Odiorne for a Special Justice of the Inferior Court 
of Com 11 Pleas for the County of Rockingh m 
* 1 B. N.-72 And *M r Ephraim Robinson for a Special Justice 
of the Inferior Court of Common Pleas for the 
County of Rockingham — 

Advised to by us — Christo r Toppan 

Robert Wallace 
Jon a Freeman 
Joseph Badger Ju r 
Lemuel Holmes 
At a Council holden at Exeter Oct 16. 1790 — 
Present His Exellency Josiah Bartlett Esq President, The Hon. 
Christopher Toppan, Joseph Badger, Rob 1 Wallace, Lemuel 
Holmes & Jon a Freeman Esq 1 '" 
Proceeded & nominated 

Roger Gilmore of Jaffrey for a Justice of the Peace & Quorum 
for the County of Cheshire — 

Jer h 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 r of Raby for a Coroner for the County of 
Hillsbor 

Rich' 1 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 County 
of Grafton. — Christo 1 ' Toppan 

Robert Wallace 
Jon a Freeman 
Joseph Badger Ju r 
Lemuel Holmes 
*i B. N.-73 * At a Council holden at Concord Jan y 7 th 1791 

Present His Excellency Josiah Bartlett Esq Presi- 
dent Hon Christ Toppan Joseph Badger jun 1 " Rob 1 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 for the 
County of Strafford — 

Tho s Tash Jun r of New Durham for a Justice of the Peace for 
the County of Strafford — 



ble 



I79O-91] RECORDS OF PRESIDENT AND COUNCIL. 253 

Advised to by us Christo 1 " Toppan 
Robert Wallace 
Joseph Badger J r 
Lemuel Holmes 
At a Council holden at Concord Jan y 8 th 1791 — 
Present His Excellency Josiah Bartlett Esq President Hon 
Christ Toppan Joseph Badger jun r Lemuel Holmes & Jonathan 
Freeman Esquires 

Proceeded & nominated 

John Sherburne Portsm ) for Justices of the Peace & 
Dan 1 Rindge Portsm $ Quorum thro' the State 
Benj a 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° * 1 B. N.-74 

Ebenezer Wright of Plainfield for d° in d° 

Advised & consented to by us Christo r Toppan 

Joseph Badger j r 
Lemuel Holmes 
Jon a Freeman 
Robert Wallace 
At a Council holden at Concord Jan y 10 th 1791 — 
Present His Excellency Josiah Bartlett Esq President The Hon. 
Christ Toppan Joseph Badger jun 1 ' Jon a 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 & Quorum for 
the County of Strafford — Christo r Toppan 

Jon a Freeman 
Joseph Badger J r 
Lem 11 Holmes 
Robert Wallace 
At a Council holden at Concord Jan y 17, 1791 
Present His Exelency Josiah Bartlett Esq President The Hon. 
Christopher Toppan Lemuel Holmes Jonathan Freeman Esq 1 ' 8 
Proceeded & nominated — 

Elijah Henman of Stratford for a Justice of the peace for the 
Countv of Grafton 



254 NEW HAMPSHIRE EARLY STATE PAPERS. [179O-9I 

James Burnside of Northumberland for a Coroner for s d 

County — ^ . T , ^ j )of Portsmouth for Cor- 

J Cant ohn Evans and ( c ., ^ c 

o 4. at i.ui tvt u n >oner lor the County of 
Cant Nath 1 Marshall V n i • i_ 
1 ) Rockingham 

* 1 B. N.-75 * John Smith of New Chester for a Coroner for the 

County of Grafton — 
Absolem Peters of Wentworth for a Coroner for the County of 
Grafton — Christo r Toppan 

Lemuel Holmes 
Jon a Freeman 
Joseph Badger J 1 
Robert Wallace 
At a Council holden at Concord Jan y 25 th 1791 
Present His Excellenc}' Josiah Bartlett Esq President Hon 
Christ Toppan Joseph Badger Jun 1 ' Rob 1 Wallace & Lemuel 
Holmes Esq 1 " — 

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 d County 
John Stark Jun r of Derryfield for a Coroner for s d County 
Reuben Morse of Dublin for a Justice of the peace for the 
County of Cheshire — 

Levi Dearborn Jun 1 ' of Ossipee for a Justice of the peace for 
the County of Strafford 

Jon a 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 1 Little of Hampstead for a Coroner for the County of Rock- 
ingham — Christo 1 ' Toppan 

Lemuel Holmes 
Robert Wallace 
Joseph Badger J 1 

* 1 B. N.-76 * At a Council holden at Concord Feb y 2 d 1791 — 

Present His Excellency Josiah Bartlett Esq Presi- 
dent Hon Christopher Toppan Joseph Badger Jun 1 ' Robert Wal- 
lace Lemuel Holmes & Jonathan Freeman Esq 1 '" 

proceeded and nominated 

John Fairfield of Lyme for a coroner for the County of Graf- 
ton — 

Nathan Waldo of Orange for a Justice of the peace for the 
County of Grafton — 



I79O-91] RECORDS OF PRESIDENT AND COUNCIL. 255 

Frederic French of Dunstable for a Justice of the peace for the 
County of Hillsbor — 

Augustus Blanchard 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 Strafford Christo 1 ' Toppan 

Robert Wallace 
Jon a Freeman 
Joseph Badger J r 
Lemuel Holmes 
At a Council holden at Concord February 5 th 1791 — 
Present His Excellency Josiah Bartlett Esq President — The 
Hon rble Christopher Toppan, Joseph Badger Jun r , 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 d S Livermore for a Justice of the peace for the County of 
Rock hm 

John Demerritt of Madbury for a Justice for the County of 
Strafford Christo 1 ' Toppan 

Jon a Freeman 
Joseph Badger J 1 ' 
Robert Wallace 
Lemuel Holmes 
* At a Council holden at Concord Feb y 7 th 1791 — * 1 B. N.-77 
Present His Excellency Josiah Bartlett 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 1 ' Toppan 

Joseph Badger J 1 ' 
Robert Wallace 
Lemuel Holmes 
Jon a Freeman 
At a Council holden at Concord Feb 18 1791 
Present His Excellency Josiah Bartlett Esq Presid 1 The Hon 
Christ Toppan, Joseph Badger Jun Jon a Freeman Lemuel Holmes 
Rob* Wallace Esq rs 



256 NEW HAMPSHIRE EARLY STATE PAPERS. [179O-9I 

The Hon. Woodbury Langdon Esq having resigned his seat on 
the Sup r bench — 

proceeded & nominated 

John Prentice, Oliver Whipple Dan 1 Humphreys Nath 1 Peabody 
Peter Green Timothy Farrar Joshua Atherton Moses Dow Elisha 
Payne Tho s Cogwell one of whom for a Justice of the Superior 
Court of Judicature Joseph Badger J r 

Lemuel Holmes 
Jon a Freeman 
Robert Wallace 
Christo r Toppan 
* 1 B. N.-78 * At a Council holden at Exeter March 18 — 1791. 
Present — His Excellency Josiah Bartlett Esq Pres- 
ident The Hon ,,le Christ Toppan Joseph Badger Jun r Rob 1 Wal- 
lace Lemuel Holmes & Jon u Freeman Esq rs 
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 Strafford 
Samuel Douglass of Raby 
Aaron Greeley Hopkinton 

John Shepard of Amherst (to be nom td as of Quor m ) 
Sam 1 Wilkins of d° 

Tim Taylor of Merrimac & Robert Means of Amherst for Jus- 
tices of the Peace for the County of Hillsborough 

Dan 1 Emerson Jun r of Hollis for a Justice of the Peace & Quo- 
rum for said County 

Benj' 1 West of Charleston for a Justice of the Peace and Quorum 
for the County of Cheshire 

Elijah Grout of Charleston for a Justice of the Peace for s d 
County. 

Eben r Hoit of Grafton & 

Eben r 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 1 ' Toppan 
Lem 11 Holmes 
Robert Wallace 
Jon a Freeman 
Joseph Badger J r 



179O-91] RECORDS OF PRESIDENT AND COUNCIL. 257 

* At a Council holden at Exeter March 19, 1791 — * 1 B. N.-79 

Present as yesterday 
Proceeded and nominated 

William Duncan of Concord for a Justice of the Peace for the 
County of Rockingham — ♦ 

John Bradley of Concord for a Justice of the Peace for said 
County. — Christo r Toppan 

Robert Wallace 
Joseph Badger J r 
Lemuel Holmes 
Jon a Freeman 
At a Council holden at Exeter on the 14 th of May 1791. 
Present His Excellency Josiah Bartlett Esq President The Hon. 
Christopher Toppan, Jonathan Freeman Lemuel Holmes, Robert 
Wallace & Joseph Badger Esq rs 
proceeded & nominated 

Eben r Champney, Joshua Atherton, Eben 1 " Webster Henry Ger- 
rish & John Duncan Esq rs 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 
for the County of Cheshire — 

Sam 1 Kelley of N. Hampton for a Justice of the Peace for the 
County of Strafford Christo 1 ' Toppan 

Joseph Badger J r 
Robert Wallace 
Jon a Freeman 
Lemuel Holmes 

* At a Council holden at Exeter May 17 th 1791 — * 1 B. N.-80 
Present His Excellency Josiah Bartlett Esq Presi- 
dent The Hon Christ Toppan, Joseph Badger, Robert Wallace, 
Lemuel Holmes, & Jon a Freeman Esq rs — 

proceeded & nominated 

Abiel Foster of Canterbury Esq a Justice of the Peace & of the 
Quorum 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 d 
County — Christo 1 " Toppan 

Joseph Badger J r 
Robert Wallace 
Jon a Freeman 
Lemuel Holmes 



APPOINTMENTS, RESOLUTIONS, AND ADYICE, 



* 2 P. & C.-iio * At a Council holden at Concord June 9 th 1790 

Present His Excellency Josiah Bartlett Esq 
President The Hon bl€ Christ Toppan Joseph Badger, Lemuel 
Holmes Robert Wallace & Jon a Freeman Esq 1 ' 8 — 

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 r Toppan 

Joseph Badger J r 
Robert Wallace 
Lemuel Holmes 
Jon a Freeman 
At a Council holden at Concord June 17, 1790 — 
Present His Excellency Josiah Bartlett Esq. President The Hon. 
Christ Toppan, Joseph Badger, Lemuel Holmes, Robert Wal- 
lace, & Jon a Freeman Esq 1 ' — 
Proceeded and appointed 

Daniel Newcomb Esq. of Keene first Justice of the Inferior 
Court of Common Pleas for the County of Chesh re 

Matthias Bartlett of Newton, Moses Hook of Sandown Jerem 11 

Clough Jun r of Canterbury, Nath 1 Batchelder of East Kingston, 

Simon Wiggin of Stratham, Jon a Leavitt of 

* 2 P. & C.-iii 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 
Quorum for the County of Strafford 

Jabez Dame of Rochester, John Smith 3 d of Durham Justices of 
the Peace for the County of Strafford 



I 79°~9 I ] RECORDS OF PRESIDENT AND COUNCIL. 259 

Nath 1 Bean of Warner, Asa Davis of Nottingham West, Zeph- 
eniah Clark of Fishersfield Justices of the Peace for the County 
of Hillsbor 

Daniel Grout of Acworth & Daniel Kimball of Plainfleld for 
the County of Cheshire 

Joseph Skinner of Lyme & Joseph Senter of Plymouth Justices 
of the Peace for the County of Grafton — 

Amos Shepard of Alstead a Justice of the peace & Quorum for 
the County of Cheshire 

Joseph Pearson of Exeter a Justice of the Peace & of the 
Quorum throughout the State — 

Benjamin Brown of Epping U Col and Oliver Morrill of 
Epping Major of the fourth Regiment of Militia 

Advised to by us — Jonathan Freeman 

Christo r Toppan 
Joseph Badger J r 
Robert Wallace 
Lemuel Holmes — 
His Excellency requested the attendance of the Hon Council at 
Exeter on Wednesday the 7 th day of July next — 

* At a Council holden at Concord June 19 th 1790 * 2 P. & C.-112 
Present His Excellency Josiah Bartlett Esq 
President The Hon. Christopher Toppan Joseph Badger Rob* 
Wallace Lemuel Holmes & Jon a 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 r Toppan 

Robert Wallace 
Jon a Freeman 
Joseph Badger J 1 
Lemuel Holmes 
At a Council holden at Kingstown July 7 th 1790 — 
Present His Excellency Josiah Bartlett Esq 1 ' President The 
Hon. Christopher Toppan Joseph Badger Robert Wallace, Lemuel 
Holmes & Jon a Freeman Esquires — 
Proceeded and appointed 

Ezekiel Godfrey 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-91 

Tho" Pennyman of Washington a Justice for the County of 
Cheshire — Christo 1- Toppan 

Lemuel Holmes 
Robert Wallace 
Joseph Badger J r 
Jon a 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 r 
Jon a 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 r 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 d 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 1 * Toppan 

Lemuel Holmes 
Robert Wallace 
Joseph Badger J r 
Jon a Freeman 
* 2 P. & C.-114 * At a Council holden at Kingston July 8 th 1790 
Present His Excellency Josiah Bartlett Esq r 
President The Hon. Christopher Toppan Joseph Badger, Robert 
Wallace Lemuel Holmes & Jon a 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 a Mann & Jon" Searle of Mason Justices of the Peace for 
the County of Hillsbor". 

John Cochran Jun r of New Boston a Justice of the peace for the 
County of Hillsbor — Christo r Toppan 

Lemuel Holmes 



I79O-91] RECORDS OF PRESIDENT AND COUNCIL. 26l 

Robert Wallace 
Joseph Badger J r 
Jonathan Freeman 
His Excellency requested the Attendance of the Hon. Council 
at Exeter on Wednesday August 18 th 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 a Freeman Esquires — 

Sundry Letters were laid before the Council for considera- 
tion 

*At a Council holden at Exeter Aug 19 th 1790 — *2 P. &C.-115 
Present His Excellency Josiah Bartlett Esq 
President. The Hon. Christ Toppan, Joseph Badger, Robert 
Wallace, Lemuel Holmes, & Jon a Freeman Esquire — 
Proceeded & appointed, 

William Weeks Esq 1 ' of Greenland a Justice of the Peace & 
Quorum for the County of Rockingham — 

Solomon Emerson Esq 1 * of Madbury a Justice of the Peace for 
the County of Strafford. — Christo 1- Toppan 

Joseph Badger J r 
Lemuel Holmes 
Jon a Freeman 
Robert Wallace 
Proceeded & appointed 

Archibald McMurphy Esq a Justice of the peace for the County 
of Rockingham — Christo 1- Toppan 

Joseph Badger J r 
Lem 11 Holmes 
Robert Wallace 
* Simeon Ladd Esq a Coroner for the County *2 P. & C.-116 
of Rockingh m 

Samuel Dodge Esq of Hillsbor a Coron 1- for the County of 
Hillsbor 

John Shepard Esq. of Gilmantown a Justice of the Peace for 
the County of Strafford Christo 1 ' Toppan 

Joseph Badger J r 
Lemuel Holmes 
Jon a Freeman 
Robert Wallace 



262 NEW HAMPSHIRE EARLY STATE PAPERS. [179O-9I 

Proceeded & appointed 

Joseph Badger Jun 1 ' Esq r of Gilmantown a Justice of the Peace 
and Quorum for the County of Strafford. Christo 1 " Toppan 

Lemuel Holmes 
Jon :l Freeman 
Robert Wallace 
Josiah Gilman Jun 1 * Esq of Exeter a Justice of the Peace for the 
County of Rockingham 

Rich' 1 Jenness Esq of Deerfield for d° — 

Doct 1 " A R Cutter, John M c Clary & Samuel Penhallow, Esq rs 
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 1 ' 8 Special Justices of the 
Superior Court for the County of Strafford in certain causes to be 

mentioned in the Commission — 
* 2 P. & C.-117 * Joshua Bayley & Samuel Wilkins Esq rs Special 
Justices of the Superior Court for the County of 
Hillsborough in certain causes to be mentioned in the Commission. 
Samuel Stevens, & Calvin Frink Esq rs for Special Justices of 
the Superior Court for the County of Cheshire in certain causes 
to be mentioned in the Commission. 

Russell Freeman and Davenport Phelps Esq 1 '" Special Justices 
of the Superior Court for the County of Grafton in certain causes 
to be mentioned in the Commission — Christo 1 ' Toppan 

Joseph Badger J 1 ' 
Lemuel Holmes 
Jon a Freeman 
Robert Wallace 
His Excellency the President requested the Attendance of the 
Hon. Council at Exeter Wednesday 13 th Oct 1790 
At a Council holden at Exeter August 20 th 1790 
Present His Excellency Josiah Bartlett Esq 1 ' 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 1 Sessions of the Peace in each County in this 
State Jon ;1 Freeman 

Robert Wallace 
Lem 11 Holmes 
Joseph Badger J 1 ' 



I79O-91] RECORDS OF PRESIDENT AND COUNCIL. 263 

* At a Council holden at Exeter October 13 th * 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 th November next, as on file — 

At a Council holden at Exeter October 14 th 1790 — 
Present His Excellency Josiah Bartlett Esquire President The 
Hon. Joseph Badger, Lemuel Holmes, Robert Wallace, Christo- 
pher Toppan and Jon a Freeman Esquires — 

Proceeded to open and enter the returns for Representatives to 
Congress. — 

At a Council holden at Exeter October 15 th 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 ble Samuel Livermore Esq has 
3585 and consequently is elected — That the next four highest 
numbers are as follows viz. Jeremiah Smith 1876 — Nich s Gilman 
1681, John S. Sherburne 1591 and Abiel Foster Esq 1213 

Josiah Bartlett President. 
Christo 1 " Toppan ~] 
Jon a Freeman 

Robert Wallace ^Counsellors 
Lemuel Holmes 
Joseph Badger J 1 ^ 

* Proceeded and Advised — * 2 P. & C.-119 
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 th of March last, agreeably to a Contract 
made by a Committee appointed by the Gen 1 Court 

Christo 1 " Toppan 
Joseph Badger J 1 ' 
Lemuel Holmes 
Robert Wallace 
Jonathan Freeman 



264 NEW HAMPSHIRE EARLY STATE PAPERS. [179O-9I 

At a Council holden at Exeter October 16 th 1790 

Present His Excellency Josiah Bartlett Esq President The Hon. 
Christopher Toppan Joseph Badger Robert Wallace Lemuel 
Holmes & Jon a Freeman Esq rs . 

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 

Will" 1 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 Quorum 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 1 ' of Exeter Special 
Justices of the Inferior Court of Common Pleas for the County 
of Rockingham — Christo 1 " Toppan 

Robert Wallace 
Joseph Badger J r 
Jon a Freeman 
Lem 11 Holmes 

At a Council holden at Concord Jan y 10 th 1791 — 

Present His Excellency Josiah Bartlett Esq President The Hon 
Christ Toppan Joseph Badger jun Lemuel Holmes & Jon a Free- 
man Esquires 

Proceeded and appointed 



I79O-91] RECORDS OF PRESIDENT AND COUNCIL. 265 

Roger Gilmore Esq of Jaffrey 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 — 

William Ayer of Canaan a Justice of the peace for the County 
of Grafton Christo r Toppan 

Jon a Freeman 
Joseph Badger J r 
Lemuel Holmes 
Robert Wallace 
*At a Council holden at Concord Jan y 15, 1791 *2 P. &C.-121 
Present His Excellency Josiah Bartlett Esq Pres- 
ent The Hon. Christopher Toppan Rob 1 Wallace Jon a Freeman 
Lemuel Holmes & Joseph Badger Jun r Esq rs 

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 Gilman Esq . . . 2802 

John Sam 1 Sherburne Esq . , 1877 

Abiel Foster Esq — .... 1338 — 

by which, agreeably to an Act of the General Court of the 17 th 
of June last it appears that the Hon. Jeremiah Smith & Nicholas 
Gilman Esq rs are elected Josiah Bartlett President 

Christo 1 ' Toppan "] 
Lemuel Holmes 

Jon a Freeman ^Counsellors 

Joseph Badger J r 
Robert Wallace 
At a Council holden at Concord Jan v 25. 1791 
Present His Excellency Josiah Bartlett Esq President The Hon 
Christ Toppan Joseph Badger Jun 1 ' Lemuel Holmes & Robert 
Wallace Esquires 

proceeded and appointed 

Rich d 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 s Tash Jun r 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 c 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' 1 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 & Quorum 
for the County of Strafford. — 

Capt John Evans > of Portsm Corroners for the County of 
Capt Nath 1 Marshall > Rockingham Robert Wallace 

Christo 1 * Toppan 
Joseph Badger J r 
Lemuel Holmes 
At a Council holden at Concord Jan y 29 th 1791 — 
Present His Excellency Josiah Bartlett Esq President Hon 
Christopher Toppan Joseph Badger Jun 1 ' Jon a Freeman & Lemuel 
Holmes & Robert Wallace Esquires 

James Hearsey ) of Sanbornton Justices of the Peace County 
Nathan Taylor 5 of Strafford Christo 1 ' Toppan 

Joseph Badger J 1 ' 
Robert Wallace 
Jon a Freeman 
Lemuel Holmes 
* 2 P. & C.-123 * proceeded & appointed 

Samuel Jenness of Rye a Justice of the peace 
for the County of Rockingham — Christo 1 ' 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 for the County of Grafton 
Absolom Peters of Wentworth a Coroner for d° 

Christo 1 ' Toppan 
Joseph Badger J 1 
Robert Wallace 
Jon' 1 Freeman 
Lem 11 Holmes 



I79O-9 1 ] RECORDS OF PRESIDENT AND COUNCIL. 267 

At a Council holden at Concord Feby 2 d 1791 — 

Present His Excellency Josiah Bartlett Esq President The Hon 
Christopher Toppan Joseph Badger Jun r Jon a 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 1 Court 
which have been heretofore passed or shall be passed during their 
present Session Christo 1 " Toppan 

Joseph Badger J r 
Robert Wallace 
Lem 11 Holmes 
Jon a 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 1 ' 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 d 
County 

John Stark jun r of Derry field a Coroner for s d County 

Reuben Morse Esq Dublin a Justice of the peace for the County 
of Cheshire 

Levi Dearborn Jun 1 ' of Ossipee a Jus ce Peace for the County of 
Straff d 

Jon a Sherburne of Portsm a Justice of the peace for the County 
of Rock hm 

Stephen Powers of Croydon a Justice for the County of Cheshire 

Daniel Little of Hampstead a Coroner for the County of Rock 

Eben r Wright of Plainfleld a Justice for the County of Chesh- 
ire — Christo 1 ' Toppan 

Jon a Freeman 
Joseph Badger J 1 ' 
Robert Wallace 
Lemuel Holmes 

At a Council holden at Concord Feb y 15. 1791 

Present His Excellency Josiah Bartlett Esq President The Hon 
Joseph Badger Rob 1 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 County of Grafton — 
Nathan Waldo of Orange a Justice of the Peace for s d 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 d 
County 

* 2 P. & C.-125 * Paul Hayes of Barrington a Justice of the Peace 

for the County of Strafford 
Edward S. Livermore a Justice of the Peace for the County of 
Rockingham 

Edward S. Livermore a Solicitor for s d County 
John Demerit of Madbury a Justice of the Peace for the County 
of Strafford 

William Simpson of Orford a Justice of the Peace & Quorum 
for the County of Grafton Christo 1- Toppan 

Joseph Badger J r 
Robert Wallace 
Jon a Freeman 
Lemuel Holmes 
At a Council holden at Concord Feb 18. 1791 
Present His Excellency Josiah Bartlett Esq Present The Hon. 
Jon' 1 Freeman Lemuel Holmes Rob* Wallace & Joseph Badger 
Jun r 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 r 

Lemuel Holmes 
Robert Wallace 
Jon a Freeman 

* 2 P. & C.-126 *At a Council holden at Exeter March 16 — 1791. 

Present His Excellency Josiah Bartlett Esq r Pres- 
ident The Hon blc Christopher Toppan, Joseph Badger Jun Robert 
Wallace & Lemuel Holmes Esq r> — 

His Excellency the President & Council took under Considera- 
tion a vote of Court of the 1 Feb y 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 the late Revolution — 
At a Council holden at Exeter March 17 th 1791 — 
Present as yesterday with the addition of the Hon. Jonathan 
Freeman Esq 1 — 



I790-9 1 ] 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 18. 1791 — 

Present as yesterday — 
Nominated and appointed agreeably to a Resolve of 15 th of 
Feb y 1791 

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 1 ' of Meredith for d° on the fourth Rout 
Geo. Jerry Osborne a Postmaster at Portsmouth 
J. W. Gilman a Postmaster at Exeter 

Payson for d° at Plaistow 

George Hough for d° at Concord 
William Gordon for d° at Amherst 

*Eliphalet Ladd Jun r for Postmaster at Do- * 2 P. & 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 r Toppan 
Joseph Badger J 1 
Lemuel Holmes V Counsellors 
Robert Wallace 
Jon a Freeman 
Proceeded and appointed 

The Hon Tim Farrar Esq r of New Ipswich a Justice of the 
Superior Court of Judicature for the State of New Hampshire — 

Joseph Badger J r 
Robert Wallace 
Lemuel Holmes 
At a Council holden at Exeter March 19 th 1791 

Present as yesterday 
proceeded & appointed 

Elijah Henman Esq of Stratford a Justice of the peace for the 
County of Grafton — Christo 1 ' Toppan 

Joseph Badger J r 
Lemuel Holmes 
Robert Wallace 
Jon a Freeman 



27O NEW HAMPSHIRE EARLY STATE PAPERS. [179O-91 

*2 P. & C.-128 *The resignation of John Dennet Esq as Col 
of the first Reg 1 of militia was accepted, also 
the resignation of Samuel Chase Esq as Col of the fifth Regim* & 
James Ford Esq as U Col" of said regiment was accepted 
Proceeded & appointed 

Supply Clap, Nathaniel Rogers & Nathaniel Gilman Esquires 
a Com tee 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 th Feb y last — Christo r Toppan 

Joseph Badger J r 
Lemuel Holmes 
Robert Wallace 
Jon a Freeman 
At a Council holden at Exeter May 13 th 1791 — 
Present His Excellency Josiah Bartlett Esq President Hon. 
Christopher Toppan, Joseph Badger Lemuel Holmes Robert Wal- 
lace & Jonathan Freeman Esq rs 

proceeded to open & enter the Returns of the votes for Sena- 
tors — adjourned till tomorrow morning — 

At a Council holden at Exeter May 14 th 1791 — 

Present as yesterday 
proceeded to enter the remainder of the Returns of the votes 
for Senators & to rexamine the entry of the Returns &c — 
adjourned till Monday morning next 
At a Council holden at Exeter on Monday May 16 th 1791 
Present His Excellency Josiah Bartlett Esq President The Hon. 
Christ Toppan Joseph Badger Rob* Wallace Jon a Freeman & 

Lemuel Holmes Esq rs — 
* 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 12719 — 
That the Hon. John T. Gilman & Nathaniel Rogers Esq ls having 
a majority 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 Sheaf e 1205 The Hon Abiel Foster 1186 
Phillips White 1156 Nath 1 Peabody 1122 

Christ Toppan 876 John Bell Esq ls 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 18 having a majority of votes are chosen & have 
been summoned accordingly — 



I790-9 1 ] RECORDS OF PRESIDENT AND COUNCIL. 27 1 

That the whole number of votes for Senators in the County of 
Hillsborough amount to 3207 That the Hon Robert Wallace & 
Robert Means Esq 1 ' 8 having a majority of votes are chosen & have 
been summoned accordingly That the whole number of votes for 
Senators in the County of Cheshire amount to 17 12 — 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- 
ingly — Josiah Bartlett President 

Joseph Badger J 1 '^ 
Robert Wallace 
Lemuel Holmes ^Counsellors 
Christo 1- Toppan 
Jon a Freeman 

* Proceeded & 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 rs Justices of the peace 
for the County of Strafford — 

Samuel Duglass of Raby, 

Aaron Greeley of Hopkinton 

Samuel Wilkins of Amherst 

Timothy Taylor of Merrimack & 

Robert Means of Amherst Esq rs Justices of the Peace for the 
County of Hillsborough — 

Daniel Emerson of Holies Esq a Justice of the Peace and Quo- 
rum for said County 

Benj a 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 1 * Hoit of Grafton & 

Ebenez r 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 rs Justices of 
the Peace for said County — Christo r Toppan 

Robert Wallace 
Joseph Badger J r 
Jon a Freeman 
Lemuel Holmes 

* 2 P. & C.-131 * At a Council holden at Exeter May 17 th 1791 

Present His Excellency Josiah Bartlett Esq 
President The Hon. Christ Toppan Joseph Badger Rob 1 Wallace 
Lemuel Holmes & Jon a Freeman Esq rs 
proceeded & appointed 

Joseph March of Deerfield Esq a Justice of the Peace for the 
County of Rockingham — Christo 1 " Toppan 

Robert Wallace 
Joseph Badger Ju r 
Lemuel Holmes 
Jon a Freeman 
Proceeded and appointed Thomas Smith of Surry 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 1 Bean who declined accepting said Office. 

Appointed Eben 1 ' Cram of Pitsfield Postrider on the fourth Rout 
instead of Moses Senter jun r who declined accepting said office 

Appointed Henry Ranlet Postmaster at Exeter instead of John 
W. Gilman who has declined accepting said office — 

Josiah Bartlett President 

Joseph Badger J r 

Robert Wallace 

Jon a Freeman ^Counsellors 

Lemuel Holmes 

Christo r Toppan 

* 2 P. & C.-132 *His Excellency the President requested the 

advice of Council, whether the Treas 1 * 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 1 ' Toppan 
Jon a Freeman 
Robert Wallace 
Joseph Badger Ju r 
Lemuel Holmes 



I79O-9 1 ] RECORDS OF PRESIDENT AND COUNCIL. 273 

At a Council holden at Concord May 31 st 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 d County 

Christo 1 " Toppan 
Robert Wallace 
Joseph Badger Ju r 
Lemuel Holmes 
Jon a Freeman 
* At a Council holden at Concord June I st 1791 * 2 P. & C.-133 
Present His Excellency Josiah Bartlett Esq r 
President The Hon Christ Toppan Joseph Badger Jun r Robert 
Wallace Lemuel Holmes and Jon a Freeman Esquires 
Proceeded and appointed 

The Hon. Ebenezer Webster Esq a Justice of the Inferior Court 
of Common Pleas for the County Hillsborough 

Advised to by us Christo r Toppan 
Jon a Freeman 
Joseph Badger Ju r 
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, (Chosen from 

ROBERT WALLACE, Henniker, Hillsborough, ) Senate. 

JOSEPH BADGER, Jr., Gilmanton, Strafford A Chosen from 

LEMUEL HOLMES, Surry, Cheshire, \ ^ House of 

JONATHAN FREEMAN, Hanover, Grafton, twel ^ 

JOSEPH PEARSON, Exeter, Secretary of State. 

JOHN TAYLOR GILMAN, 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 SHEAFE, Portsmouth. 
CHRISTOPHER TOPPAN, Hampfon. 
NATHANIEL PEABODY, Atkinson. 
LABIEL FOSTER, 1 Canterbury. 
County of ( JOHN WALDRON, Dover. 
Strafford. 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 
ruled June 7, by the election of Abiel Foster. 



County of 
Rockingham 



276 NEW HAMPSHIRE EARLY STATE PAPERS. [ I 79 I 

County of 5 ROBERT WALLACE, Henniker. 
Hillsboro'. I ROBERT MEANS, 1 Amherst. 
County of ( SANFORD KINGSBURY, Claremont. 
Cheshire. I WILLIAM PAGE, 2 Charlestown. 

Grafton. 0± \ M0SES DOW > Haverhill. 

JUDICIARY. 

Superior 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, Commander-in-Chief, and Admiral. 

FIRST DIVISION. 

BENJAMIN BELLOWS, Walpole, Major- General. 

Aids with the Rank of Major. 

MOODY DUSTIN, Claremont. 
GEORGE SPARHAWK, Walpole. 

SECOND DIVISION. 

JOSEPH CILLEY, Nottingham, Major- General. 

Aids zvith 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 Biographical sketch, Saunderson's Hist. Charlestown, p. 498. 



I791] STATE OFFICERS, I79I-92. 277 

Brigadier- Generals. 

GEORGE REID, Londonderry. 
MOSES DOW, Haverhill. 
AMOS SHEPHARD, Alstead. 
THOMAS BARTLETT, Nottingham. 
JAMES HILL, Newmarket. 
NOAH LOVEWELL, Dunstable. 

, Adjutant- General. 1 

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, 2 Portsmouth, Marshal. 
NATHANIEL ROGERS ,s 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, 
tor 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. [ I 79 I 

FISCAL DEPARTMENT. 

WOODBURY LANGDON, Portsmouth, Commissioner for Set- 
tling the Accounts between the United States and the Individual 
States. 

WILLIAM GARDNER, Portsmouth, Com?nissioner of Loans. 

JOSHUA WENTWORTH, Portsmouth, Supervisor, District 
of New Hampshire. 



Journal of the Senate 



CONTAINING THE PROCEEDINGS 



FROM JUNE i TO JUNE 17, 1791. 



* STATE OF NEW HAMPSHIRE, *4-i 



Concord — WEDNESDAY June i, 1791 — 

Being the day appointed by the Constitution for the annual 
meeting of the General Court, Seven of the Members elected by 
the People as Senators for the year ensuing attended and took the 
Oaths, viz The Hon. Moses Dow Rob 1 Wallace John T. Gilman 
Sanford Kingsbury Nath 1 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 s 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 tee to join a Com tee of the Senate, to provide an 
entertainment tomorrow for his Excellency the President the 
Hon Council the Gentleman of the Clergy & such other Gentlem 11 
of distinction as said Com tee may think proper to invite, was brot 
up, read and concurred : M r Dow & M r 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 g 9 °Clock — 

THURSDAY June 2 d 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 *4~2 
votes they were as follows (viz) For His Excellency Josiah 
Bartlett Esq 8679 votes, and for sundry persons in all 288 there- 



282 NEW HAMPSHIRE EARLY STATE PAPERS. [ I 79 I 

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 te to join a Com tec 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 r Gilman, M r Dow & M r Rogers joined 

The abovesaid Com tcu waited upon his Exc y and informed him of 
his being elected President of the State of New Hamps re where- 
upon his Exc y informed the Com tee that he was ready to give his 
answer — The Hon Senate then joined the Hon House and his 
Exc y being introduced by the Com tee , the necessary Oaths were 
administered by the Hon Moses Dow Esq Sen 1 ' Senat r — The 
Sen 1 ' Senator then declared before both Houses of the Legislature 
that His Exc y Josiah Bartlett Esq was duly elected President of 
said State for the year ensuing by the free suffrages of the 
People — The Senate then retired to their own Chamber — 
Adjourned till tomorrow morning 9 °Clock 

FRIDAY June 3 d 1791 

met according to adjournment 
Present as yesterday — 
A vote for a Com tee to join a Com tce of the Senate to present the 
Rev d M 1 " Evans with the thanks of the Gen 1 Court for his excel- 
lent discourse delivered yesterday and request a copy of the same 
for the press : And also desire him to attend as Chaplain to the 
Gen 1 Court this present Session was brot up, read and concurred 
M r 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 County 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 1 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 1 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 1 Rogers 
Esq was chosen a Counsellor for the year ensuing — 

The ballots being again taken, it appeared that the Hon Joseph 
Badger Jun 1 ' 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- 

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— 

They 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 for a Commissary General it *4~4 
appeared that Supply Clap Esq was chosen Commissary 
General for the year ensuing — 

Adjourned till tomorrow morning n °Clock 

The Senate then retired to their Chamber — 

The Hon Nath 1 Rogers Joseph Badger Jun r Robert Wallace 
Lemuel Holmes & Jonathan Freeman Esq rs were introduced into 
the Senate Chamber and took the Oath agreeably to the Consti- 
tution as Counsellors for the ensuing year — 

The Oaths were next administered to Joseph Pearson Esq agree- 
ably to the Constitution as Secretary of s d State 

A vote appointing a Com tee to take under consideration His 
Excellencys Message this day received and report an answer 
there to — Also to consider what business is necessary first to be 



284 NEW HAMPSHIRE EARLY STATE PAPERS. [ I 79 I 

entered upon & perfected at this Session and report thereon — was 
brot up read and concurred : M r Peabody, M r Sheafe & M r Dow 
on the part of the Senate — 

Adjourned till tomorrow morning 8 °Clock 

SATURDAY June 4 th 1791 

met according to adjournment — 
Present all the Senate except M r 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 11 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 tee to join a Com tee of the Senate to consider of 
a Letter from the Hon W y Langdon respecting the Accounts of 
this State against the United States, was brot up read & con- 
curred M r Kingsbury & M r Sheafe joined — 

A vote for a Com tee to join a Com tee of the Senate to consider 
of the petition of Joel Doolittle and report thereon was brot up 
read and concurred — M r 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 tee to join a Com tee of the Senate to nominate 
6 persons out of whom three to be chosen for the purpose of 
settling the Acco t8 between this State & M r Gardner late Treas r 
was brot up, read and concurred M r Toppan & M r 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 tee to join a Com tee of the Senate to consider 
of a Letter from Joseph Gilman Esq &c was bro* up, read and 
concurd M r Page & M r 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 r Hale, with the addi- 
tion of M r Means — 



1791] JOURNAL OF THE SENATE. 285 

A vote to hear the pet 11 of Josiah Hastings on the second Thirds- 
day of their next Session was brot up read & concurred — 

A vote for a Com tee to join a Com tee of the Senate to consider of 
the pet" of Benj a Heath & report thereon was bro* up read & 
concurred M r Hale & M r Dow joined — 

A vote to hear the pet n of J Herriman on the second Wednesday 
of the next Session, was brot up read & concurred 

A vote that M r Peabody M r Page and M r Dow with such of the 
Hon bl House as they may join be a Com tee to report the measures 
necessary to be adopted to carry into effect 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 & 
conc d 

A vote for a Com tee to join a Com tee 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 r 
Peabody M r Means M r Dow & M r 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 P M — 

A vote for a Com tee to join a Com tee 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 necessary 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 M r Sheafe 
M r Gilman M r Page & M r Peabody joined 

Adjourned till tomorrow morning, 8 °Clock. — 

TUESDAY June 7 th 1791 

met according to adjournment. — 
Present all the Senate except M r Hale — 
A vote to hear the pet 11 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 tee to join a Com te of the Senate to consider 



286 NEW HAMPSHIRE EARLY STATE PAPERS. [ I 79 I 

of the pet 11 of the Selectmen of Hopkinton & report thereon was 
brot up read & concurred M r Wallace & M r Dow joined 

A vote for a Com tee to join a Com tee of the Senate to consider 
of the pet n of Sam 1 Smith & others & report thereon was brot up, 
read & concurred : M r Dow & M r Toppan joined — 

A vote to accept the report of a Com tee that the sum of eighty 
nine pounds one shilling & ten pence be allowed Joseph Gilman 
Esq. in full of all acc os & Demands he has against the State, and 
that on receiving the same s d Gilman or his Attorney shall execute 
a discharge accordingly which report being read & considered 
voted that it be received & accepted & that his Excellency the 
President give order accordingly was brot up, read & concurred. — 

A vote on the pet 11 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 m Gardner Esq late Treas 1 * of this State deliver 
over to John T Gilman present Treas 1 ' all such monies public 
Securities Bonds & other papers as may be delivered over prior 
to the Settlement of his accounts that he take s d Gilmans receipt 
to be accountable to the State for the same and debit the State 
therewith — was brot up read & concurred 

A vote that M r Nath 1 Gilman Nath 1 Rogers & Supply Clap 
Esq rs be a Committee to settle the Acco ts between this State & M 1 
Gardner the late Treas 1 ' and report thereon at the next Session of 
the General Court was bro* up read & concurred with the follow- 
ing amendment viz that s d Com teo be also empowered to receive 
from W m 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. Gilman 
Esq Treas 1 ' of this State taking from him duplicates receipts there- 
for to be accountable to the State — one set of s d Receipts to be 



1791] JOURNAL OF THE SENATE. 287 

delivered to the Sec y of s d State & deposited in the Sec ys 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 s Macgregore Esq r to make out all the Claims which this 
State hath against the united States which have not been made 
out heretofore — that they 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, 
afford 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 state of our 
public affairs which affords us a fresh proof of the solidity of the 
foundation on which they rest, and of the happy 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 worthy 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 necessary 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. [ I 79 I 

large & that by 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. Gilman who had resign d his 
Seat at the Senate board and accepted the Office of Treas r 

The ballots being taken it appeared that the Hon ble Abiel Fos- 
ter Esq was elected whereupon Abiel Foster Esq manifested his 
acceptance of s d 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 tee to join a Com tee of the Senate to consider of 
the pet" of James Moor & others of Windham was brot up read & 
concurred M r Wallace & M r 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 s Adams & 
giving him leave to bring in a bill accordingly was brot up read 
& concurred 

A vote that M r 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 tee to join a Com tee of the Senate to consider of 
the pet 11 of Jon a Gove Esq was brot up read & concurred M r 
Page M r Dow & M r 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 tee to join a Com** 5 of the Senate to consider of 
the pet 11 of Walter Geer was brot up read & concurred M r Page & 
M r Kingsbury joined. 

A vote that M r Peabody M r Sheafe & M r Dow with such of the 
Hon House as they may join be a Com tet> to wait on his Excellency 



IfOl] JOURNAL OF THE SENATE. 289 

the President & present him with an Answer to his late Mes- 
sage — Sent down for concurrence — brot up concurred. 

* A vote to accept the report of the Com tee on the pet 11 of * 4-10 
Benjamin Heath that the instrument purpoting to be an 
order drawn by s d Heath requesting the Treas 1 ' to pay his wages to 
Daniel Cook was forged & that s d Heaths wages were receivd by 
virtue of s d order & that said Heath hath never receivd his wages 
himself & that s cl 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 attorney General be 
directed to prosecute s d Dan 1 Cook for s d forgery was bro 1 up read 
and concurred 

A vote for a Com tee to join a Com tee of the Senate to take under 
consideration a Letter from the Hon Nich s Gilman Esq also the 
pet ns of all Inv ds was brot up read & concurred M r Page & M r 
Kingsbury joined — 

A vote for a Com tee to join a Cbm tee of the Senate to consider 
of the pet 11 of James Adams was brot up read & concurred M 1 * 
Dow joined — 

An Act prescribing the duty & directing the mode of choosing 
Registers of Deeds & County Treasurers having been read a 
third time voted 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 y 

of this State a bounty of seven shillings for every piece of topsail 

,Duck and other Stouter Sail Cloth which shall hereafter be 

-manufactured within this State being twenty four inches in breadth 

and thirty nine yards long & that the Corns 7 Gen 1 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 any 

manufacturer of Duck or sail Cloth within this State attended 

with a Certificate from the Selectmen of the Town where the s d 

iManufacturer resides of his being bonafide the Manufacturer of 

fhe 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 afores d 

shall give a Certificate thereof to the person applying as afores d 

19 



29O NEW HAMPSHIRE EARLY STATE PAPERS. [ J 79I 

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 1 Court & that the Pres- 
* 4-1 1 ident with &c give order * for the paym 1 of the bounty on 
proper Certificates being produced was brot up read and 
concurred 

A vote for a Com tee to join a Com tcc of the Senate to consider of 
the pet 11 of Daniel Bailey was brot up read & concurred : M r 
Kingsbury & M r Dow joined — 

A vote to hear the pet 11 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 Treasury £20 
for was brot up read &] 

A vote to hear the pet 11 of the westerly 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 tce to join a Com tee of the Senate to consider | 
of the pet 11 of Susannah Hazeltine & report thereon was brot up I 
read & concurred M r Hale joind 

An act authorizing the Commissioners formerly appointed to 
receive and examine the Claims against the Estate of Breed 1 
Bachelder an absentee to reconsider said report & make such re-| 
port as Justice & equity may require having been read a third 
time passed to be enacted — Sent down for concurrence — brot 
up concurred 

A vote on the pet 11 of the Selectm" of Thornton, that one penn\ 
^ Acre be laid on each first division Lot — that 16/8 be laid on 
each second Division Lot that may be laid out within six months 
& if not so laid out that 16/8 shall be laid and assessed on the 
common land now belonging to each right for three years nex 
ensuing & that they have leave to bring in a bill accordingly was 
brot up read & concurred 

A vote granting the prayer of the pet' 1 of the Selectmen 
Campton and giving them leave to bring in a bill accordingly 
was brot up read and concurred 

A vote for a Com tcc to join a Com t(c of the Senate to consider oi 
the pet" of James & John MacMasters was brot up read and con! 

curred M r Rogers joined — 
•4—12 * A vote for a Com' 01 ' to join a Com tee of the Senate t 



I791] JOURNAL OF THE SENATE. 29I 

consider of the petitions of Peter Gushing & Bradbury Cilley and 
report thereon was brot up read & concurred M r Sheafe & M 1 ' 
Kingsbury & M r Wallace joined — 

A vote for a Com tee to join a Com tee 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 M r Peabody M 1 ' Foster & M r 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 money or monies which upon such application he may 
receive was brot up read and concurred — 

Adjourned till tomorrow morning 9 °Clock — - 

FRIDAY June 10 th 1791 

met according to adjournment 

Present as yesterday 

A vote for a Com tee to join a Com tee of the Senate to report 

what allowance shall be made to the Citizens of this State who 

hold the Treas rs Receipts for Continental money was brot up read 

& concurred M 1 ' 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 tee to join a Com tee of the Senate to consider of 
the pet 11 of Joshua Heath was brot up read & concurred M 1 ' Rogers 
!|&M r 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 11 of Stephen Harford 
vhich was to have been yesterday to the second Thursday of the 
liext Session was brot up read and concurred — 

* An Act to enable the Judge of Probate for the County * 4-13 
)f Cheshire to grant licence to sell the whole of the real 
estate of Samuel Adams late of Fitzwilliam deceased having been 
ead a third time voted that the same be enacted. 

A Vote that M r Toppan M r Rogers & M r Dow with such of 
he Hon ble House as they may join, be a Committee to take under 
onsideration a Bill regulating of swine and to report such altera- 



292 NEW HAMPSHIRE EARLY STATE PAPERS. [ I 79 I 

tions as they may think necessary Sent down for concurrence 
bro t 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 11 th 1791 

met according to adjournment 
Present as yesterday — 
A vote granting the prayer of the pet 11 of the Inhabitants of 
Lyndborough & giving them leave to bring in a bill accordingly 
was brot up read & concurred 

A vote that the Hon. Nath 1 Rogers Christ Toppan & Joseph 
Badger Jun 1 ' Esq rs be and hereby are appointed a Com ttl ' to take 
into consideration in the Recess of the Gen 1 Court the pet 11 of 
Peter Cushing & Bradbury Cilley praying for an abatement upon 
their Excise bonds the expence of the Com Ue to be paid by the 
petitioners and that s d Com tee report thereon at the next Ses 11 ot 
the Gen 1 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 1 " 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 u Clock P — M — 



I79 1 ] JOURNAL OF THE SENATE. 293 

MONDAY June 13, 1791 

met according to adjournment 
Present all the Senate except M r Wallace 

A vote for a Com tee to join a Com tee of the Senate to consider 
what business is yet 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 1 Court & their officers this Session was bro fc up read and con- 
curred, M r Hale M r Page [M r Means] M r Sheafe & M r 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 1 ' 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 r 
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 d individuals — 

Provided that before any collector shall avail himself of the 
liberty given hereby of paying in silver at s d rates he shall first 
pay to the Treas 1 ' either in certificates, 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 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 1 ' shall keep an acc° of what certificates 
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 _I 5 

TUESDAY June 14, 1791 

met according to adjournment 
Present as yesterday with the addition of M r Wallace 
A vote, that his Excellency the President be requested to 
forward to the Legislature of the United States by the Represent- 
atives from this State, the following Memorial of said State and 



294 NEW HAMPSHIRE EARLY STATE PAPERS. [ I 79 I 

that s (1 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 shevveth 

That this State hath ever been chearfully ready, according to 
its utmost ability 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 heavy 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 1 on the General Government the necessity of an 
increased revenue is involved — and probably 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- 



I79 1 ] JOURNAL OF THE SENATE. 295 

portion there is between the Quotas allowed to be assumed from 
the debts of 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 generally 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, far 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— 17 
enue arising from the impost & excise or any 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 Quota 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 d assumption 



& 



296 NEW HAMPSHIRE EARLY STATE PAPERS. [ I 79 I 

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 your wisdom & Justice shall think fit was brot up, read and 
concurred 

A vote for a Com tee to join a Com tee of the Senate to consider of 
the pet of I s Rindge was brot up read & concurred M r Toppan & 
M r Wallace joined 

A vote to hear the pet 11 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 & Navs 
be taken They were as follows 

Yeas. 
M r Peabody 
M r Kingsbury 

Nays. 
M r Means 
M r Toppan 

and so it was enacted 

A vote to hear the pet" of James Wallace on the Second Thurs- 
day of the next Session, was brot up read & concurred 

A vote for a Com tee to join a Com* 6 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 r Rogers joined 

A vote so far granting the prayer of the pet 11 of Walter Geer as 
that s' 1 Geer have liberty to renew s a action separate of s l1 Grout 
& that he have leave to bring in a bill accordingly was brot up 
read & concurred 

A vote for a Com' 1 ' 1 ' to join a Com* 56 of the Senate to consider of 
the pet 11 of S Hobart who pays [prays] the Gen 1 Court to order that 
nail making works shoir 1 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 acc° of J Smith Esq amounting to £32..i7-.o 
as one of the Com Uc ' on revision of the laws was bro 1 up, read & 
concurred 



Yeas. 
M r Waldron 
M* Sheafe 


Yeas. 
M 1 ' Rogers 
M r Dow & 


Yeas. 
Mr Hale — 7 


Nays. 
M r Page 


Nays. 
M r Foster 


Nays. 
M r Wallace 5 



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 l granted.] 

A vote that Sanford Kingsbury James Macgregore & Jer h 
Smith Esq 1 ' 8 receive out of the Treasury £10 each to be by them 
severally accounted for was brot up read & concurred — 

A vote for a Com tee to join a Com tee of the Senate to consider of 
a Letter from J Whipple Esq was brot up read and concurred. 
M r Toppan & M r 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 granting the prayer of the pet 11 of Alex dr Ewen and giv- 
ing him leave to bring in a bill accordingly was brot up read & 
concurred — 

A 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 certificates & Indent taxes outstanding — And forward 

. them immediately by the members to the several Towns & places 

I in this State Sent down for concurrence — brot up concurred 

A vote that George Kenfield have & receive out of the Treasury 



298 NEW HAMPSHIRE EARLY STATE PAPERS. [ I 79 I 

* 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 till tomorrow morning 8 °Clock 

THURSDAY June 16 th 1791 — 

Present all the Senate except M r Kingsbury. — 
An Act directing the mode of calling a convention to revise the 
Const 111 of this State having been read on the Question shall it be 
enacted — the yeas & nays, being required, were as follows 

Yeas. Yeas. 

M r Dow M* Peabody 

Nays. Nays. Nays. Nays. 

M r Page M* Wallace M r Means M r Waldron 

M r Rogers M r Toppan M r Foster M r Sheafe 
Mr Hale 

Nays, 9, — Yeas 2 so it passed in the negative — 

A vote to pay the acc° of Nath 1 Gilman & Nath 1 Rogers Esq 
amounting to <£3..o..o [for defacing orders] was bro 1 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 1 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 11 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 11 of Edw d Livermore Esq 
Attorney to James & John MacMasters & that the President be 
desired to give order that Wentworth Cheswell deliver all the 
books and Papers now in his Custody belonging to the petitioners 
to them or their Attorney was brot up read and concurred — 



I79 1 ] 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 off the list make immediate 
application to D r Tenney & D r W m Parker of Exeter for exami- 
nation who are hereby appointed inspectors of Inv cls 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 s & Sen 1 ' 8 in Cong 8 stating the facts 
relative to the subject was bro fc up read & concurred 

A vote that the Com tee apt d to deface Orders &c having com- 
pleted the business be discharged was brot up read & concurred 

A vote for a Com tee to join a Com tee to consider of the pet" of 
Tho s Smith & John Lathrop was brot up read & concurred M r 
Dow joined 

A vote for a Com tee to join a Com tee of the Senate to consider of 
the pet" of Tho s Simpson was brot up read and Nonconcurred 

A vote that the Acc° of Eph m Robinson & Nath 1 Rogers be 
accepted & that said Rogers pay into the Treasury 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 tce 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 tee to join a Com tee of the Senate to Consider 
and report what method shall be adopted respecting military 
stores belonging to s d 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 r 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 n of New Hampton that a tax of one penny on 
each acre of land in s d Town be raised for three years and that 
they have leave to bring in a bill accordingly at this or the next 
Session was brot up read and concurred 



300 NEW HAMPSHIRE EARLY STATE PAPERS. [ I 79 I 

A vote to hear the pet 11 of a Com te appt d 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 by a public Lottery 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. 
Mr Wallace 
Mr Hale 


Mi 


Yeas. 

Dow- 
Page 


Yeas. 
M r Waldron 
Mr Means & 


Yeas. 
M 1 ' Peabody 7 


Nays. 
M 1 * Toppan 


Mi 


Nays. 
Rogers 


Nays. 
Mr Foster & 


Nays. 
Mr Sheafe 4 



and so it passed to be enacted [and sent down.] 

An Act to impower Walter Geer to review an Action 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 ns of Gid 

Tiffany & J Shapley prop trs of Eaton & Burton Tho s 
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 penny 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 d 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 tee ap ul 3 d Inst to present the Rev d M r Evans 
with the thanks of the Gen 1 Court &c be requested to receive from 
M r Evans the copy therein mentioned & agree with M r Hough to 
print 250 copies of the same was brot up read & concurred 



I791] JOURNAL OF THE SENATE. 3OI 

A vote to hear the pet 11 of Wendall Lempster et alii on the third 
Thurdsday of the next Session was brot up read and concurrd 

A vote to hear the pet 11 of Sam 1 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 11 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 tee 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 1 ' should be authorised & impow- 
ered to subscribe to the s 1 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 11 of the Selectmen of Orford that a tax of two 
pence on each acre of land be levied in s (l 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 addition 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 Day of January Anno 
Domini 1790, having been read a third time voted that the same 
be enacted 

adjournd till tomorrow morning 8 °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 n of Jon a Wadleigh and 
giving him leave to bring in a bill accordingly at this or the next 
Session w T as brot up read & concurrd 

An Act to restore Alexd 1 ' Ewen to his law having been read a 
third time voted that the same be enacted 

A vote that the allowance for travel & attendance for the Mem- 
bers of the Senate & House of Rep s & their Officers be the same 



302 NEW HAMPSHIRE EARLY STATE PAPERS. [ I 79 I 

as was allowed to the last Session of the Gen 1 Court was brot up 
read & concurred — 

* 4-25 * A vote that the Treas 1 ' pay the Holders of s d Rec ts 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 10s *$ 
Cent in lieu of five *$ Cent & 6 pence for each receipt & that .an 
Act or resolve be now passed w r as brot up read & concurred 

A vote granting the praver of the pet 11 of Benj a Stone & giving 
him leave to bring in a bill accordinglv was brot up, read & 
Nonconcurred 

A Resolve that M r Nath 1 Parker Recv r of non resident taxes 
shall be allowed in future to demand & take 10 ^ Cent 111 on all 
non resid* taxes he may receive and six pence for cash But which 
shall &c was sent down — brot up concurred 

A Resolve that His Exc cy & the Treas 1 ' be and are impowered 
to subscribe on Acc° & 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 J in Gold & Silver & f 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 1 ' are authorised to take out of 
the State Treasury the above monies and funded papers for s li 
purpose & make all necessary transfers according to such rules 
as are instituted in that behalf by law & do and transact all & 
singular Acts Matters & things as shall or may appertain to s' 1 
subscription & render an acc° thereof to the Gen 1 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 ^ Acre on the lands in s d Town for repairing 
the highways having been read a third time voted that the same 
be enacted 

A vote to hear the pet 11 of John Bryant on the first Tuesday of 
the next Session was brot up read & concurred 

A vote to pay the acc° of Benj a Hannaford amo tg to £8 was 
brot up, read and concurred 

A vote to hear the pet 11 of Benj Abbot on the third Wednesday 
of the next Session was brot up read & concurred 

* 4-26 * A vote to hear the pet 11 of Alexander Plumley on the 

third Wednesday of the next Session was brot up read 
and concurred 

An Act to enable Alex lh ' Craige Josiah Sanborn and Wil m Pres- 
son the Selectmen of the Town of Thornton in s d State for the 



1 791] JOURNAL OF THE SENATE. 303 

time being to levy assess & collect a tax of two pence ^ Acre 
upon all the lands (public lands excepted in s d Town) for the 
purpose of making highways & bridges therein having been read 
a third time voted that the same be enacted 

A vote to pay the Acc° of Joseph Pearson amounting to 
£30..i2..o p d Col Giddinge for the use of a Room firewood and 
candles &c from 16 Dec 1789 to 16 May 1791 was brot up read & 
concurred 

A vote to pay the Acc° of Geo Hough amounting to 29/2 for 
printing was brot up read & concurred. 

A vote appointing Thursday the 17 of Nov 1 ' next to be observed 
as a day of public thanksgiving throughout this State was brot up 
read & concurred 

A vote to pay the Acc° of Sam 1 Dinsmore amounting to 
£3.. 3.. 9 for copying & adjusting Acc° for Commissioners on con- 
tinental Acc os — was brot up read & concurred 

A vote to pay the Acc° of Joseph Pearson amounting to £45 as 
paymaster of Inv ds 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 e pet n of Joseph Kimbal in behalf of the Town of 
Plainfield lay till the next Session of the Gen 1 Court and that the 
Treas r be directed to stay all extents against s d 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 1 Ladd thirty shillings Henry *4~27 
Randlet thirty six shillings John Melcher £23..i..o in full 
of their Acco s for printing John Waldron & Joshua Wingate Esq 
36s in full of their Acco s for selling Excise Jon a Gage 30s in full 
for his Acc° for expences at sale of Excise Reuben Libbey fifteen 
shillings in full of his Acc° for taking an Inventory of the Town 
of Tuftonbor Ozias Silsby three pounds in full of his Acc° for 
postage of letters was brot up, read and concurred 



3O4 NEW HAMPSHIRE EARLY STATE PAPERS. [ I 79 I 

A vote to pay Josiah Nelson six pounds sixteen shillings & 
eight pence as Doorkeeper was brot up read & concurred 

A Resolve that His Exc v the President be & he hereby is 
authorised & impowered with Advice of Council to draw orders 
on the Treas 1 ' in favor of John Melcher for such sum as he may 
adjudge expedient not exceeding £80 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 1 ' be & hereby is authorised to receive 
from James Reed late Brig d Gen 1 a Certificate issued from the 
Treasury office of the United States for the sum of two thousand 
two hundred & forty three Dol s & 88 Cents dated 27 May 1791 & 
allow 7 s' 1 Reed therefor at the rate of 18s 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 d Treas 1 ' to 
obtain a proper transfer of s d Certificate or the am° thereof for the 
use and Benefit of this State was sent dowm 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 r Evans receive out of the Treasury 40s 
for his services as Chaplain was brot up read & concurred — 

A vote to pay the Acc° of Moses [L.] Neal amount^ to 30s for 
engrossing bills was brot up, read & concurred 

A vote that His Exc y the President with advice of Council 
adjourn the Gen 1 Court until the last Wednesday in Novem 1 " next, 
then to meet at portsmouth was brot up read & concurred — and it 
was accordingly adjourned 



JOURNAL 



House of Representatives 



CONTAINING THE PROCEEDINGS 



FROM JUNE i TO JUNE 17, 1791 

20 



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, \ Chaflav, 
Rev. John C. Ogden, Portsmouth, 

Rev. Walton, 

Rev. Israel Evans, Concord, 

Preacher of Election Sermon. 



REPRESENTATIVES . 



Portsmouth . 

Exeter 

Londonderry 
Chester 
Newington . 
Greenland . 
Rye . 

North Hampton 
Hampton . 
Hampton Falls 
Seabrook 



George Gains. 
John Pierce. 
James Sheafe. 1 
Benjamin Connor, Jr. 
James M c Gregore. 



Joshua Weeks. 



Moses Leavitt. 
Christopher Toppan. 1 

Nathaniel Hubbard Dodge. 

l Elected to the Senate. 



3 o8 



NEW HAMPSHIRE EARLY STATE PAPERS. 



[1791 



Stratham 
Dunbarton > 
Bow 5 

Salisbury . 

Boscawen . 

Fisher sfi eld 

Sutton 

Warner 

New London J 

Andover & [ 

Gore J 

Charlestown 

Alstead 

Keene 

Swanzey 

Westmoreland 

Richmond . 

JafFrey 

Winchester 

Chesterfield 

Rindge 

Walpole 

Claremont . 

Cornish 

Newport ) 

Croydon ) 

Acworth ^ 

Lempster > 

Marlow ) 

Wendell > 

Unity > 

Litchfield 

Derry field 

Dunstable 

JMerrimack 

Bedford 

Goflstown 

Mollis 

Amherst 

Raby ) 

Mason $ 



Jonathan Wiggin. 



5 John C. Gale. 
I Ebenezer Webster. 
Joseph Gerrish. 



James Flanders. 



William Page. 1 
Oliver Shepherd. 
Jeremiah Stiles. 
Elisha Whitcomb. 
Archelaus Temple. 

Abel Parker. 
John Alexander. 
Moses Smith. 
Daniel Rand. 
Aaron Allen. 
Sandford Kingsbury. 1 



James Bingham. 



James Martin. 

Daniel Emerson. 
Daniel Warner. 



1 Elected to the Senate. 



1 79*] JOURNAL OF THE HOUSE OF REPRESENTATIVES, 



309 



New Ipswich 
Francestown 
Duxbury 
Mile Slip 
Wilton 

Lyndeborough 
Temple 

Peterborough Slip 
Peterborough ) 
Society Land } 
Hancock ^ 
Antrim > 
Deering ) 
Henniker ) 
Hillsborough 5 
New Boston 
Weare 
Hopkinton . 
Pelham 
Dover 
Durham 
Somersworth 
Rochester . 
Barrington . 
Sanbornton 
Gilmanton . 
Madbury 
Meredith 
New Hampton 
Sandwich ) 
Tamworth 5 
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. 



Conway 
Eaton 
Burton 
Bartlett 
Locations J 
Nottingham West 
Kensington 
South Hampton ^ 



East Kingston 
Kingston 
Brentwood 
Epping 
Newmarket 
Nottingham 
Deerfield 
Northwood 
Epsom 
Allenstown 
Northfield 
Canterbury 
Chichester 
Pittsfield 
Loudon 
Concord 
Pembroke . 
Candia 
Raymond ) 
Poplin 5 
Hawke ) 
Sandown 5 
Hampstead 
Atkinson ) 
Plaistow 5 
Salem 
Newton 
Windham . 
Surry ^ 
Gilsum > . 
Sullivan ) 
Stoddard ) 
ton \ 



Washing 



Andrew McMillan. 
Jacob Blaisdell. 1 



Ebenezer Clifford. 

Ezra Currier. 

John Eastman. 
Jabez Smith. 
William Plumer. 
Nathaniel Rogers. 2 
Jonathan Cilley. 
Joseph March. 

Jonathan Clark. 

Charles Glidden. 
Abiel Foster. 2 

Robert Tibbetts. 

Jonathan Smith. 
William Duncan. 

Nathaniel Emerson. 
Ezekiel Godfrey. 

Thomas Page. 
Nathaniel Peabody. 2 



James Betton. 
Lemuel Holmes. 



Thomas Penniman. 

Excluded from a seat in the House, June 3, 1791. 2 Elected to the Senate. 



I791] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 3II 



Dublin J 

Packersfield < 
Marlborough 
Fitzwilliam 
Plainfield . 
Protectworth 
Grantham 
Holderness ^ 
Campton > 
Thornton ) 
Plymouth ) 
Rumney > 
New Chester 
Alexandria 
Bridgewater 
Cockermouth 
Enfield '} 
Canaan 
Cardigan 
Grafton J 
Hanover 
Lebanon 
Lyme > 

Dorchester $ 
Haverhill ) 
Coventry $ 
Piermont > 
Warren 5 
Orford 
Wentworth 
Lincoln I 
Franconia 5 
Bath 
Lyman 
Landaff 
Gunthwaite 
Littleton 
Dalton 



Samuel Griffin. 

Abner Stone. 
Joseph Kimball. 

Samuel Duncan. 



Benjamin Gould. 



Thomas Crawford. 



Ebenezer Hoit. 

Jonathan Freeman 
Elisha Payne. 

Moses Dow. 1 
Joseph Hutchins. 

William Tarlton. 
William Simpson. 



^> 



John Young. 



1 Elected to the Senate. 



312 



NEW HAMPSHIRE EARLY STATE PAPERS. 



[J79 1 



William Cargill. 1 



Lancaster 

Northumberland 
Stratford 
Dartmouth 
Percy 

Cockburne 
Coleburne 

l 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 unable 
to state what towns they represented. —Ed. 



STATE OF NEW HAMPSHIRE, •*+-* 



A JOURNAL 



Proceedings of the Honb l House of Representatives of 
the State of New Hampshire at their Session begun 
and holden at concord in said state [on wednesday] 
June i st 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 i st 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 1 Elisha 
Payne Esq r was chosen for that purpose — 

Motion was then made for the choice of a Speaker and the 
Honb 1 Nathanael Peabody Esq r was elected to that Office — 

Motion was then made for the choice of a Clerk and John Calfe 
Esq 1 ' was chosen for that purpose — 

Motion was then made for the choice of an Assistant Clerk and 
M r Moses Leavitt Neal was chosen for that purpose — 

Information was given to his Excellency the President and the 
Honb 1 Senate that the House was organized and ready to proceed 
to business — 

Voted that M r Sheafe M r W m Page & M r W m Duncan with 
such of the Honb 1 Senate as they may join be a Committee to 
provide an Entertainment to morrow for his Excellency the Pres- 
ident the Honb 1 Council the Revr d Gentlemen of the Clergy and 



314 NEW HAMPSHIRE EARLY STATE PAPERS. [ I 79 I 

such other Gentlemen of Distinction as the Committee may think 
proper to invite — 

A Message from the Honb 1 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 1 Senate being met with the House 

of Representatives in the Assembly Chamber and proceeded 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 Strafford — 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 o'Clock to morrow morning — 

THURSDAY June 2 d 1791. 

The House met according to adjournment 

Voted that M r Plummer, M r Gains, M r Payne M r Simpson & I 
M r Badger be a Committee to prepare and report such rules for ! 
the future government of this House as they may judge nee- 1 
essary — 

The Honb 1 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) for his Excellency Josiah 
Bartlett Esq 1 ' 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 Excellency Josiah Bart- 
lett Esq 1 ' 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 1 Senate then withdrew — 

Voted that M 1 ' Pierce, M 1 ' Foster, M r Bettan, M r E Smith and 
M 1 ' Sheafe with such of the Honb 1 Senate as they may join be a 
Committee to wait upon his Excellency Josiah Bartlett Esq 1 ' Pres 
ident elect and present him a Certificate of his Election to thd 
office of chief Magistrate of this state for the ensuing year and 
request his answer — 

The Honb 1 Senate and House being again met in the Assembly 
Chamber — His Excellency Josiah Bartlett Esq 1 ' attended by the 
Committee came in and manifested his Acceptance of the Office 
of chief Magistrate for the Ensuing year, he then took anc 



J79 1 ] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 315 



Subscribed the Oath of Allegiance and Oath of * Office * 14-190 
which Oaths were administred by the Honb 1 Moses 
Dow Esq 1 ' Senior Senator and the said Senior Senator declared 
his Excellency Josiah Bartlett Esq r 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 accordingly — 

Proceeded to consider the returns of Members from 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 r William Cargill motion 
was made to take the opinion of the House whether M r 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 r Gains 


Mr Clark 


M r Bedee 


Mr Stiles 


M r Sheafe 


M r Foster 


Mr N Hoit 


M r Whitcomb 


M r Pierce 


Mr Glidden 


Mr Tash 


M r Parker 


M r Connor 


M r W Duncan 


M r Tasker 


M r Alexander 


M r Leavitt 


M r Knox 


M r Chamberlain 


M r Temple 


Mr Dodge 


M r N Emerson 


M r D Emerson 


Mr M Smith 


M r Wiggin 


Mr Godfrey 


M r Martin 


Mr Rand 


Mr Clifford 


M r Page 


M r Barrett 


Mr Holmes 


M r Currier 


Mr Bettan 


M r Abbott 


M r Penniman 


M r Eastman 


Mr Kellie 


M r Wallace 


M r Griffin 


Mr Jabz Smith 


Mr Carr 


M r Webster 


M r Stone 


M r Plummer 


M 1 ' Badger 


M r Gerrish 


Mr Gould 


Mr March 


Mr E Smith 


M r Shepherd 


M r N orris 


Nays. 


Nays. 


Nays. 


Nays. 


M r Macgregore 


M r Gregg 


M r Bingham 


M 1 * Payne 


M r Weeks 


M r Jn<> Smith 


M r S Duncan 


Mr Tarlton 


Mr Tibbetts 


M r J Duncan 


Mr E Hoyt 


M r Simpson 


Mr Warner 


Mr Allen 


M r Freeman 


M r Young 


52 Yeas — 


16 Nays — so the 


said Cargill was excluded a 



Seat 
in the House of Representatives — 

* Voted 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- 
jcant by M r Cargill's being excluded a Seat in said House — 
Adjourned to 8 o'Clock to morrow morning — 



3i6 



NEW HAMPSHIRE EARLY STATE PAPERS. 



[J79 1 



FRIDAY June f 1791. 

The House met according to adjournment 
Voted that M r Foster, M 1 Parker & M r Macgregore with such 
of the Honb 1 Senate as they may join be a Committee to present 
the Revr d M r 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 Officiate 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 after fully hearing 
and considering said returns and the circumstances of the affair — 
motion was made to take the minds of the House whether Col 
M c Millan shall be excluded a Seat in this House — On which 
motion the yeas & nays were called and are as follows — ( v i z ) 



Yeas. 
M r Dodge 
M r Wiggin 
M r Eastman 
M r Jab z Smith 
M r Tibbets 
M r Jon a Smith 

Nays. 
M r Sheafe 
M r Pierce 
M r Connor 
M r Macgregore 
M r Leavitt 
M r Toppan 
Mr Clifford 
M r Plummer 
Mr Cilley 



Yeas. 

M r Godfrey 
M r T Page 
M r Waldron 
M r Chamberlain 
M r Martin 
M r Barrett 

Nays. 
M r Foster 
M r W Duncan 
M r Knox 
M r N Emerson 
M r Bettan 
M r Kellie 
Mr Carr 
M r E Smith 
M r Bedee 



Yeas. 
M r Darling- 
Mr Shepherd 
Mr M Smith 
M r Rand 
M 1 ' Allen 
M r Bingham 

Nays. 
Mr Tash 
M r Warner 
M r Abbott 
Mr Gregg 
M r Jn° Smith 
M r J Duncan 
M r Wallace 
M r Webster 
M r Whitcomb 



Yeas. 
M r Holmes 
M r Penniman 
Mr Griffin 
M r Gould 
Mr E Hoyt 

Nays. 
M r Alexander 
M r Temple 
M r Stone 
M r S Duncan 
M r Freeman 
M r Norris 
Mr Tarlton 
M r Simpson 
M r 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 r 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 offered were 
Sufficient to exclude M 1 Crawford from a seat in this House 



I79 1 ] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 317 

which passed in the negative, so that M r Crawford kept his seat 
and M r 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 sufficient to entitle them to a Representative the return 
was accepted and M r 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 1 ' Tash allowed a seat The expence for the attendance of each 
of said Members to be borne by their respective constituents — 

The Honb 1 Senate and House being met in the Assembly 
Chamber agreably to adjournment — proceeded to fill up the 
vacancies in the Honb 1 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 1 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 1 Amos Shepherd and the Honb 1 William Page Esquires 
— And they made choice of the Honb 1 James Sheafe, The Honb 1 
Christopher Toppan and the Honb 1 Nathanael Peabody Esquires 
for the County of Rockingham and the Honb 1 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 st Each Member shall seasonably and punctually attend his 
duty in the House 

2 rt When the House adjourns each Member shall keep his seat 
until the Speaker goes out and then the Members may follow — 

3 d The speaker shall preserve decorum and order, may speak 
j 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 th The speaker shall rise to put a question but may state it 
sitting — 

5 th When any member is about to speak in debate or deliver 



3l8 NEW HAMPSHIRE EARLY STATE PAPERS. [ I 79 I 

any matter to the House he shall rise from his seat and respect- 
fully address himself to the Speaker — 

6 th 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 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 th 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 th 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 th 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 — 

io th No debate shall be allowed on any motion until the same be 
seconded and any motion shall be reduced to writing & divided if 

the subject will admit of it, if an}- member desire it — 
* 14-194 *n t!i 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 7 motion shall be admitted under colour 
of an Amendment as a Substitute of the motion under debate — 

12 th No member shall act as an Advocate without leave first 
obtained of the House for that purpose — 

13 th No person except a Member of the House or its Officers 
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 th 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 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 th 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 



I79 1 ] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 319 

House, And all votes and resolves that are necessary to be carried 
to the Senate for their Concurrence shall be sent by the Assistant 
Clerk — 

16 th No member shall be compelled to serve on a Committee he 
being at the Same time a member of two other Committees who 
have not reported — nor shall any member nominate more than 
one person for 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 th No Petition shall be received by the House unless it be pre- 
sented by a Member thereof & upon motion made for that purpose 

18 th The journal of the House for the preceeding day shall 
be read every morning previous to entering upon new busi- 
ness — 

* Adjourned to 3 o'Clock P. M — * I 4~ I 95 

Met accordingly — 

The Honb 1 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 1 William Plummer Esq 1 ' 
was elected to that Office — 

The Honb 1 Senate and House being again met in the Assembly 
Chamber agreably to adjournment proceeded to the Election of 
Counsellors and the ballots being taken the Honb 1 Nathanael 
Rogers, Joseph Badger, Robert Wallace, Lemuel Holmes & 
Jonathan Freeman Esquires were Elected — 

Proceeded to Elect a Secretary and the ballots being taken the 
Honb 1 Joseph Pearson Esq r was unanimously chosen — 

Proceeded to the choice of a Treasurer and the ballots being 
taken the Honb 1 John Taylor Gilman Esq 1 ' was elected to that 
Office 

Proceeded to the choice of a Commissary General and the bal- 
lots being taken the Honb 1 Supply Clap Esq 1 ' was elected to that 
Office — 

Voted that the Elections be adjourned to 11 o'Clock to morrow 
morning — [and the honourable Senate then withdrew.] 

Voted that M r Foster M r E Smith, M 1 ' Macgregore M r Pierce 
& M r N. Hoit be a Committee to take under consideration a letter 
from his Excellency Josiah Bartlett Esq 1 ' respecting the proceed- 
ings of the Committee for funding the old Continental money &c 
and the papers accompanying said Letter & report thereon — 

Voted that M 1 ' Emerson, M 1 ' J Duncan & M 1 ' Stiles be a Com- 
mittee to consider of the Petition of Thomas Adams & report 
thereon — 



3 20 NEW HAMPSHIRE EARLY STATE PAPERS. [ I 79 I 

Voted that M r Pierce, M 1 ' Macgregore, M r Connor, M r Webster 
& M r 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 that they have leave to bring in a Bill accord- 
ingly— 

* 14-196 *Upon reading and considering the Petition of John 

Blunt Esq r and other Inhabitants of New Castle — 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 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 they 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 1 Senate with the fol- j 
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 j 
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 affairs in General wear so I 
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 w r holly wanting 
to ourselves) of future ease and prosperity connected with civil 
and religious liberty as the happy 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 beer leave to recommend 
the com pi eating the revision of the state laws which were in such 
forwardness at the close of the last session 



I 79 I ] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 321 

The time pointed out for the revision of the 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 d of June 1791 — 
Voted that M r Foster, M r E Smith, M r Macgregore M r Pierce 
and M r N Hoit be a Committee to consider of a Letter from M r 
Gardner late Treasurer and the papers accompanying the Same 
and report thereon — 

* Voted that M r Payne, M r Macgregore M r Foster, M r * 14-198 
Plummer and M r E Smith with such of the Honb 1 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 

I said Representatives to the Honb 1 Senate also to Portsmouth that 
the Seat of one of their Representatives has become vacant by the 
removal of M r Sheaf e to the Honb 1 Senate — 

Voted that M r N Hoit, M r Emerson & M r Tasker be a Commit- 
tee to agree with persons for door keepers to the Legislature — 
Adjourned to 8 o'Clock to morrow morning 
21 



322 NEW HAMPSHIRE EARLY STATE PAPERS. [ I 79 I 

SATURDAY June 4 th 1791 

The House met according to adjournment 

Voted that M r E Smith M r Pierce, M r Simpson, M r Foster and 
M r Macgregore with such of the Honb 1 Senate as they ma}* join 
be a Committee to consider of a Letter from the Honb 1 Woodbury 
Langdon Esq 1 " respecting the Accounts of this state against the 
United states and the papers accompanying the Same and report 
what measures they judge necessary to be taken respecting them — 

Voted that M 1 ' Emerson M r Payne & M 1 ' Badger be a Commit- 
tee to consider of a Letter from Joseph Whipple Esq 1 ' and the 
papers accompanying the Same which respects supplies for the 
light house in time past & report thereon — 

Voted that M r Gains M r Macgregore & M r W Duncan be a 
Committee to consider of a letter from Nathanael Parker Esq 1 ' 

Collector of Nonresidents Taxes and report thereon 
* 14-199 * Voted that M r Freeman, M 1 ' Emerson and M r Barrett 
be a Committee to take under consideration a Letter 
from the Honb 1 John Hubbard Esq 1 ' Judge of Probate for the 
County of Cheshire respecting the confiscated estate of Breed 
Batcheldor and the papers accompanying said Letter and report 
thereon — 

The Honb 1 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 1 ' Bedee M 1 ' Gerrish & M 1 ' Allen with such of the 
Honb 1 Senate as the}* may join be a Committee to consider of the 
Petition of Joel Doolittle and report thereon — 

Voted that M r M c Millan M 1 ' Young & M r 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 r Badger, M 1 ' Gains & M 1 ' Freeman with such of 
the Honb 1 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 r Gardner late 
Treasurer thereof — 

Upon reading and considering the Petition of Joel Doolittle and 
the report of a Committee thereon voted that the Petitioner be 



I79 1 ] 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, why 
the prayer thereof ma}' not be granted — 

* Voted that M r Pierce, M r Holmes, M r Parker M r N * 14-200 
Hoit and M r Badger with such of the Honb 1 Senate as 
they may join be a Committee to consider of a Letter from Joseph 
Gilman Esq 1 ' and papers accompanying the same & report 
thereon — 

Adjourned to Monday next at 3 o'Clock P. M 

MONDAY June 6 th 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 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 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 may then appear and shew cause why the 
prayer thereof may not be granted — 

Voted that M 1 * N Hoit M r Foster and M r Gains with such of the 
Honb 1 Senate as they may join be a Committee to consider of the 
Petition and Memorial of Benjamin Heath and report thereon — 

Voted that M r Bettan, M r Parker & M r 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 
jfhen appear and shew cause why the prayer thereof may not be 
granted — 



324 NEW HAMPSHIRE EARLY STATE PAPERS. [ I 79 I 

* 14-201 * Voted that M 1 ' Foster, M r Pierce, M r Badger, M r 

How, M r Warner, M 1 ' Flanders, M r Whitcomb, M r 
Kimball M r Young & M r 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 prayer thereof may not be granted — 

The Honb 1 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 M 1 ' Macgregore, M 1 ' Gains, M r Connor M r Foster 
and M 1 * Penniman with such- of the Honb 1 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 th 1791 

The House met according to adjournment 
A vote came down from the Honb 1 Senate appointing M r Pea- 
body, M r Page & M 1 ' Dow with such of the Honb 1 House as they 
may join a Committee to report the measures necessary to be 



I79 1 ] 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 r Gains, M r How M r J 
Duncan, M 1 ' Stiles & M r Freeman joined — 

Voted that M r Bettan, M r Whitcomb and M r Emerson be a 
Committee to consider of the Petition of Daniel Bayley and report 
thereon — 

The Committee on the Letters from Joseph Gilman Esq r &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 voted 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 — 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 published 
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 why the prayer thereof may 
not be granted — 

Voted that M r Payne M r Freeman & M r N Hoit with such of 
the Honb 1 Senate as they may join be a Committee to consider of 
the Petition of the Select men of Hopkinton and report thereon — 

Voted that M r Tasker, M r Young & M r Payne with such of 
the Honb 1 Senate as they may join be a Committee 
*to consider of the Petition of Samuel Smith and others * 14-203 
& report thereon — 

Voted that M r N Hoit M r Barrett M r Parker, M r Payne and M r 
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 — 

Voted that M r Bettan M r Simpson & M 1 ' Stiles with such of the 
Honb 1 Senate as they ma}^ 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 voted that it appears the said Robert L Fowle kept a print- 
ing office at Exeter and carried on the printing business there by 



3^6 NEW HAMPSHIRE EARLY STATE PAPERS. [ I 79 I 

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 Excellency's mes- 
sage reported the following — 

May it please your Excellency 

The Senate and 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 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 affords us a fresh proof of the solidity of the 
foundation on which they rest and of the happy 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 therefore 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 readily concur with your excellency in mak- 
ing the necessary arrangements 

We trust in all public concerns, unanimity & harmony candor 
and liberality of Sentiment will prevail amongst us and the people 
at large and that by 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 — 



I79 1 ] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 327 

Met accordingly 
Voted that Nathanael Gilman, Nathanael Rogers & Supply 
Clap Esquires be a Committee to settle the accounts between this 
state and M r Gardner the late Treasurer thereof and report thereon 
at the next Session of this Court — 

* The Honb 1 John Taylor Gilman Esq 1 ' having mani- * 14-205 
fested his acceptance of the Office of Treasurer occa- 
sioned a vacancy in the Honb 1 Senate — 

The Honb 1 Senate and House being again met in the Assembly 
chamber agreably to adjournment proceeded to the choice of a 
Senator and the Honb 1 Abiel Foster Esq 1 ' was elected. 

The Elections were then adjourned without day 

Voted that M r Gains M 1 ' E Smith and M r Badger be a Com- 
mittee to receive from the Honb 1 John T Gilman Esq 1 ' a Bond for 
the faithful discharge of his office as Treasurer and lay the Same 
before this House — 

Resolved that the Honb 1 Jeremiah Smith Esq 1 ' be and he hereby 
is appointed a Commissioner together with the Honb 1 Sanford 
Kingsbury and James Macgregore Esquires two of the Commis- 
sioners appointed by a Resolution of the General Court of the 14 th 
of Feb r 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 Resolutions 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 for this purpose the time limited for transacting said busi- 
ness be and hereby is extended until the next session of the 
General 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 — 

Voted that William Gardner Esq 1 ' late Treasurer of 
this * State deliver over to John Taylor Gilman Esq 1 ' pre- * 14-206 
sent Treasurer all such monies public Securities Bonds 
and other papers as may be delivered over prior to the settlement 



32 



8 NEW HAMPSHIRE EARLY STATE PAPERS. [ I 79 I 



of his Accounts that he take said Gilmans receipt to be account- 
able to the state for the Same and debit the state therewith — 

Voted that M r Page, M r Connor, M r Stiles M r Leavitt and M r 
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 vote of the Town of Portsmouth and 
report thereon — 

The vote appointing a Committee to settle the accounts between 
this state and M r Gardner the late Treasurer thereof came down 
from the Honb 1 Senate for the following amendment (viz) " That 
said Committee be also impowered to receive from William Gard- 
ner Esq v late Treasurer all public monies books and papers of even- 
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 1 ' 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 Secretary 
of said state and deposited in the Secretaiys 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 M r Connor M r Duncan M r Jn° Smith, M 1 ' Warner 
and M 1 ' M c Millan with such of the Honb 1 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 r Emerson M r Wallace & M r N Hoit M r Simpson 
and M r Parker be a Committee to take under Consideration a 
number of Petitions praying for Lotteries & report to this House — 

Voted that M r E Smith, M r Allen M r Barrett, M r Whitcomb 
[White] and M 1 ' 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 — Voted that the Judge of Probate for the County of Chesh- 
ire be impowered if he shall think proper upon dul} r 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 paying debts and that he take suffi- 
cient bond of the said Thomas to account for the avails of said sale 
agreably to the Testators will and that the Petitioner have leave 
to bring in a Bill accordingly — 

Adjourned to 8 o'Clock to morrow 



I79 1 ] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 329 

WEDNESDAY June 8 th 1791 

The House met according to adjournment 

Voted that M r N Hoit M 1 ' Tasker & M r Allen be a Committee 
to consider of the account of Josiah Nelson and report thereon — 

Voted that M r Macgregore be added to the Committee on the 
Bill for describing County lines in the room and Stead of M 1 ' Fos- 
ter who is removed to the Honb 1 Senate — 

Voted that M r Eastman, M r Flanders, M 1 ' Hoit, M r Shepherd 
and M r Walclron be a Committee to consider of the Petition of 
Isaac Baldwin and report thereon — 

Voted that M r Warner, M r Jabez Smith, M r Bedee M r Kellie & 
M r Abbott with such of the Honb 1 Senate as they may join be a 
Committee to consider of the Petition of Jonathan Gove Esq r and 
report thereon — 

Voted that M r Pierce M r Leavitt, M r March M r Barrett and M r 
Waldron be a Committee to consider of the Petition of Thomas & 
George Odiorne and report thereon — 

Voted that M r Cilley, M 1 ' Carr & M r Stiles be a Committee to con- 
sider of the Petition of Elisha Ellis and report thereon — 

* An Act prescribing the duty and directing the mode * 14-208 
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 M 1 ' Payne M r Young & M r J Duncan with such of 
the Honb 1 Senate as they 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 r Gains M r Young & M r 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 1 ' amounting to 
one pound Sixteen shillings be allowed and paid out of the Treas- 
ury by order of the President — 



23° NEW HAMPSHIRE EARLY STATE PAPERS. [ I 79 I 

Upon reading and considering the Petition of the Inhabitants of 
the Town of Washington 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 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 Taylor Gilman, Jabez Smith and Benjamin Connor Jun 1 ' for 

the faithful performance of the duties incumbent on the 

* 14-209 * said John Taylor Gilman Esq 1 ' 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 by this Court at the Expense of the Petitioners to view 
the Situation of the Inhabitants of Wyndham and report their 
Opinion to this Court relative to the Situation of the meeting House 
in said Town — which report being read and considered voted that 
it be received and accepted and that Robert Wallace Esq 1 ' Maf 
Daniel Warner and Doct 1 ' 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 Petition 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 purporting 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 
depreciation 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 1 ' N Hoit, M 1 ' Holmes, M 1 ' Carr, M 1 ' Freeman and 
M r Rand with such of the Honb Senate as they may join be a 



I79 1 ] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 



331 



Committee to consider of a Letter from the Honb 1 Nicholas Gil- 
man Esq 1 ' also of the Petition of all Invalids that may be prefered 
during the present Session and report thereon — 

Voted that M r Leavitt, M r Whitcomb, M 1 ' Pierce, M r Young & 
M r Clifford with such of the Honb 1 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 1 * 14-210 
Senate for Concurrence — 

In Senate June 8 th 1791 — 

Voted that M r Peabody M r Sheafe & M 1 " Dow with such of the 
Honb 1 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 r Plummer, M 1 ' 
Pierce, M r Warner, M 1 ' Crawford & M r 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 by 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. 
M r Darling 
M r Flanders 
M r Temple 
Mr Allen 
M r Bingham 
M r Penniman 
M r Kimball 
M 1 ' S Duncan 



Yeas. 
M r Macgregore 
m B Page 
M r Weeks 
M r Cilley 
Mr Clark 
M r Tibbetts 
M r Knox 
M* Bettan 



Nays. 
Mr Gains 
M r Pierce 
M r Connor 
Mr Leavitt 
M r Dodge 
Mr Wiggin 
Mr Cliflford 
M r Currier 
Mr Jabz Smith 
Mr Plummer 
Mr March 



Yeas. 
Mr Waldron 
M 1 ' Harper 
M r Tash 
Mr Warner 
M r Abbott 
M 1 ' Gregg 
M r Jn° Smith 
M 1 ' J Duncan 

Nays. 
M r Jon a Smith 
M 1 ' W m Duncan 
M r N Emerson 
M 1 * Godfrey 
Mr T Page 
Mr Kellie 
M r Carr 
M 1 ' Badger 
Mr Bedee 
M r N Hoit 



Yeas. 
M 1 ' Nichols 
M r Crawford 
Mr E Hoit 
M r Freeman 
Mr Payne 
M 1 ' Tarlton 
M r Simpson 
M r Young 



Nays. 
Mr Tasker 
M 1 ' Chamberlain 
Mr McMillan 
M r Martin 
M r D Emerson 
Mr Clark 
Mr Wallace 
Mr Gerrish 
M 1 " Shepherd 
M 1 ' Stiles 



Nays. 
M 1 ' Whitcomb 
M 1 ' Parker 
M 1 ' Alexander 
M 1 ' M Smith 
Mr Rand 
Mr Holmes 
M r Griffin 
Mr Stone 
Mr Gould 
M r Norris 



32 Yeas — 41 Nays — 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 2 



NEW HAMPSHIRE EARLY STATE PAPERS. 



[1791 



ury of this State a bounty of Seven Shillings for every piece of 
Topsail duck or other stouter sail Cloth which shall be here- 
after manufactured within this state being twenty-four 
* 14-211 * 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 fide 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 applying as aforesaid which certificate 
shall entitle the person presenting it to the bounty 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 payment 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 nays were called and are as follows, (viz) 



Yeas. 




Yeas. 


Yeas. 


Yeas. 


M r Gains 


AP 


Plummer 


Mi" E Smith 


Mi- J Duncan 


M r Pierce 


Mi 


March 


Mi- Bedee 


M r Temple 


M r Connor 


Mi 


Clark 


Mi' Tasker 


M r M Smith 


M r Macgregore 


Mi 


N Emerson 


M r Chamberlain 


M r Rand 


Mi' B Page 


Mi 


Bettan 


Mi- McMillan 


Mi- Bingham 


M* Weeks 


Mi 


Kellie 


AP- Martin 


M r Holmes 


M r Leavitt 


Mi 


Can- 


M r Warner 


Mi- Griffin 


M r Dodge 


Mi 


Howe 


Mi- Barrett 


M 1 ' S Duncan 


M r Wiggin 


Mi 


Waldron 


Mi' Abbott 


M r Freeman 


M r Clifford 


Mi 


Harper 


M r Gregg 


M r Simpson 


M 1 ' Jabz Smith 


Mi 


Badger 


M r Jn° Smith 


M r Young 


Nays. 




Nays. 


Nays. 


Nays. 


M r Currier 


Mi- 


Godfrey 


Mi' Shepherd 


Mi' Stone 


M* Cilley 


Mi 


T Pa2;e 


Mi Stiles 


M r Gould 


M r Tibbets 


Mi 


Tash 


Mi' Whitcomb 


Mi- Crawford 


M r Foster 


Mi 


D Emerson 


M 1 ' Alexander 


Mi- E Hoyt 


M r Jou ; > Smith 


Mi 


P. Clark 


M' Allen 


Mi- Payne 


M 1 ' Duncan 


Mi 


Wallace 


M r Penniman 


M 1 ' Norris 


M r Knox 


M> 


Darling 







44 Yeas — 26 Nays — so it was Accepted — 
Voted that M r Gains, M r N Hoit & M r Weeks be a Committee 
to consider of the Petition of Thomas Simpson & report thereon — 



I79 1 ] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 



333 



*The Committee on the Petition of William Vans & * 14-212 
others Reported that the time for the proprietors of 
Erroll & Millsfield to compleat the Settlement of said Towns be 
eight years 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 
voted that it be received and accepted — 

Adjourned to 8 o'Clock — to morrow morning 

THURSDAY June 9 th 1791. 

The House met according to adjournment 
Voted that M r Payne, M r Macgregore, M r Waldron, M r Gains 
and M r Tarlton with such of the Honb 1 Senate as they may join 
be a Committee to consider of the Petition of Daniel Bayley 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 Certificates 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 accordingly. 
On the foregoing report the yeas and nays were called whether 
the Same should be accepted and were as follows — (viz) 

Yeas. Yeas. Yeas. Yeas. 



M r Pierce 


M r How 


M r Jn° Smith 


M 1 ' S Duncan 


M r Macgregore 


Mr Waldron 


M 1 ' Darling 


M r Nicols 


Mr B Page 


M 1 * Harper 


M r Flanders 


Mr Gould 


M r Currier 


Mr N Hoit 


M r Stiles 


M r Crawford 


W Cilley 


Mr Tash 


Mr Parker 


M r Payne 


Mr Tibbets 


M r Chamberlain 


Mr Temple 


M r Norris 


M r Jon a Smith 


Mr M c Millan 


Mr Rand 


Mr Hutchens 


M r Knox 


M r Martin 


M r Holmes 


M 1 ' Tarlton 


M r N Emerson 


M r Warner 


M 1 ' Stone 


M r Simpson 


Mr Kellie 


Mr P Clark 


Mr Kimball 


M r Young 


Mr Carr 


M 1 ' Gregg 






* Nays. 


Nays. 


Nays. 


Nays. *I4 


Mr Gains 


Mr Weeks 


M r Dodge 


Mr Clifford 


Mr Connor 


M r Leavitt 


Mr Wiggin 


M r Jabz Smith 



334 



NEW HAMPSHIRE EARLY STATE PAPERS. 



[1791 



Nays. 

M r Plummer 
M r March 
M>" Clark 
M r Duncan 
M r Godfrey 
Mr T Page 
M r Bettan 



Nays. 
M r Badger 
M r E Smith 
M r Bedee 
M r Tasker 
M r Emerson 
M r Barrett 
M r Abbott 



Nays. 
M 1 ' Jn° Duncan 
M r Wallace 
M 1 ' Gerrish 
M* Shepherd 
M r Whitcomb 
M r Alexander 
M* M Smith 



Nays. 
M* Allen 
M 1 ' Bingham 
M r Penniman 

M r Griffin 
M' E Hoyt 

M 1 ' Freeman 



42 Yeas — 35 Nays — so the report was accepted 
The Committee on the Petition of Isaac Baldwin reported that 
the Petitioner have and receive Twenty 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 Motion the yeas and Nays were called and 
are as follows — (viz) 



Yeas. 
M r Pierce 
M 1 ' Connor 
M 1 ' Macgregore 
M r B Page 
Mr Cilley 
M r Clark- 
Mr Glidden 
M r W Duncan 
M r N Emerson 

Nays. 
M r Gains 
M 1 ' Weeks 
M r Leavitt 
M r Dodge 
M r Wiggin 
Mr Clifford 
M r Currier 
M r Jabz Smith 
M 1 ' Plummer 



Yeas. 
M r Bettan 
Mr Can- 
Mr Waldron 
Mr Harper 
Mr N Hoit 
Mr Tash 
Mr Martin 
M r D Emerson 
Mr Warner 

Nays. 
Mr March 
Mr Knox 
Mr Godfrey 
Mr T Page 
Mr Kellie 
M r Badger 
M 1 ' E Smith 
M 1 ' Bedee 
M r Chamberlain 



Yeas. 
Mr Barrett 
Mr Abbott 
M 1 ' Gregg 
M r Jn° Smith 
M 1 ' J Duncan 
Mr Wallace 
M r Gerrish 
Mr Flanders 
Mr Parker 

Nays. 
Mr P Clark 
M 1 ' Darling 
Mr Stiles 
Mr Whitcomb 
M r Alexander 
Mr M Smith 
Mr Rand 
Mr Allen 



Yeas. 
M r Temple 
Mr Griffin 
M r S Duncan 
M r Nicols 
M 1 ' Freeman 
Mr Payne 
Mr Tarlton 
M 1 ' Young 

Nays. 
M 1 ' Bingham 
M r Holmes 
M r Penniman 
M 1- Stone 
Mr Gould 
M 1 ' Crawford 
Mr E Hoyt 
Mr Norris 



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 — voted 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 may then appear and 
shew cause (if any he hath) why the prayer thereof 
may not be granted — 



I79 1 ] 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 — 

Voted that M r Gains, M 1 ' Connor & M r Penniman with such of 
the Honb 1 Senate as they may join be a Committee to consider of 
the Petition of James & John M c Masters & report thereon — 

Upon reading and considering the Petition of the Inhabitants of 
the Westerly half of the Town of Boscawen praying to be set off 
as a distinct Town — 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 Boscawen be served with a Copy of the Petition and 
order of Court thereon six weeks prior to the sitting of said Court 
that they may then appear and shew cause if an}^ they have why 
the prayer thereof may not be granted — 

Voted that M r Penniman, M 1 ' Nicols & M r Bingham with such 
of the Honb 1 Senate as they may join be a Committee to consider 
of the Petition of Susanna Hazeltine and report thereon — 
Adjourned to 3 o'Clock P. M — 
Met accordingly — 

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 ^ r 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 funded by his Excellency Josiah Bartlett Esquire 
for the Benefit of this State and that he pass to the Credit of this 



336 NEW HAMPSHIRE EARLY STATE PAPERS. [ I 79 I 

state the money or monies which upon such application he may 
receive — 

Voted that M 1 Freeman, M r Payne, M r Badger, M r Parker and 
M r Connor with such of the Honb 1 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 r Young, M r Badger, M r Jn° Smith, M r Parker 
and M r Allen with such of the Honb 1 Senate as they may join be 
a Committee to consider of the Petitions of Peter dishing and 
Bradbury Cilley Esq 1 ' and report thereon — 

Adjourned to 8 oClock to morrow morning 

FRIDAY June 10 th 1791. 

The House met according to Adjournment 

Voted that M r Cilley, M r Stiles & M r Macgregore be a Com- 
mittee to consider of the Petition of Levi French and report 
thereon — 

Voted that M r Barrett, M r Parker & M r Connor with such of 
the Honb 1 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 entitle 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 
Moultonborough — was read a third time and passed to be 
Enacted — 

Voted that M r Connor, M r Barrett, M r M Smith, M r N Hoit 
and M 1 ' Wallace with such of the Honb 1 Senate as they may join 
be a Committee to consider of the Petition of Joshua Heath and 
report thereon — 

Voted that the hearing on the Petition of Stephen Harford which 
was to have been Yesterday before the General Court be postponed 
to the Second Thursday 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 delivered to Thomas Shannon the Peti- 



I 79 I ] 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 prayer thereof should not be 
granted — 

Adjourned to 3 o'Clock P. M — 
Met accordingly — 
The Committee appointed by the General Court at their Session 
in Jan r 1791 to consider of the Petition of the Inhabitants of the 
Northwest part of Lyndborough having viewed the Situation of 
all the parties 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 Copy 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 as fol- 
lows — (viz) 



Yeas. 


Yeas. 


Yeas. 


Yeas. 




M r Gains 


Mr Tibbets 


M r Kellie 


Mr Martin 




M r Pierce 


M r N Emerson 


M r N Hoit 


M r D Emerson 




M 1 ' Macgregore 


Mr Wallace 


Mr Allen 


Mr Gould 




* M r Barrett 


Mr Gerrish 


M r Penniman 


M r Crawford *i^ 


-217 


M r Abbott 


M r Shepherd 


Mr Kimball 


Mr E Hoyt 




M r Gregg 


M r Alexander 


M r S Duncan 


M r Payne 




M r J no Smith 


M r Temple 


M r Nicols 


M 1 ' Tarlton 




M r J Duncan 


M r Bettan 


Mr Tasker 


M 1 ' Simpson 




Mr Clifford 










Nays. 


Nays. 


Nays. 


Nays. 




M 1 ' Connor 


M r March 


Mr Bedee 


M r Rand 




Mr B Page 


M r Jon a Smith 


Mr Tash 


M r Bingham 




M r Weeks 


Mr Godfrey 


M r Chamberlain 


M r Holmes 




M r Leavitt 


Mr T Page 


M r Warner 


Mr Griffin 




p r Dodge 


Mr Carr 


Mr Darling 


M r Stone 




Mr Wiggin 


M 1 ' How 


Mr Stiles 


M r Freeman 




M r Jabz Smith 


Mr Waldron 


Mr Whitcomb 


M r Norris 


/ 


M r Plummer 


Mr Badger 


M r Parker 


M r Hutchens 




Mr Cilley 


Mr E Smith 


Mr M Smith 


Mr Young 





33 Yeas — 36 Nays — so it was negatived, it was then voted 
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 any time 
with in twelve months, and that a Bill be brought in accordingly — 

A vote came down from the Honb 1 Senate appointing M r Toppan, 
M r Rogers & M r Dow with such of the Honb 1 House as they may 

22' 



333 



NEW HAMPSHIRE EARLY STATE PAPERS. 



[1791 



join a Committee to take under consideration 
ing of Swine and report such alterations 
necessary 

M r Bedee, M 1 E Smith, 
Voted that the Honb ; 



a Bill for regulat- 
as they may think 
which vote was read and concurred and M r Rand, 
M 1 ' Gains & M r Parker join' 1 , 
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 Cilley 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. 


Yeas. 


Yeas. 


Yeas. 


M r Pierce 


M* Clark 


Mr Tash 


M r Bingham 


M r Connor 


Mr Glidden 


M r Chamberlain 


M r Griffin 


M r Macgregore 


M r Jon a Smith 


Mr M c Millan 


M r Kimball 


Mr B Page 


Mr W Duncan 


Mr Warner 


M r S Duncan 


M r Weeks 


M r Knox 


M r Barrett 


M r Nicols 


M r Leavitt 


M r Godfrey 


M 1 ' Abbott 


Mr Gould 


M r Dodge 


Mr Carr 


Mr Clark 


Mr E Hoyt 


M r Wiggin 


Mr Waldron 


M 1 ' Gregg 


M r Payne 


Mr Clifford 


M 1 ' Harper 


Mr Wallace 


M r Norris 


M r Currier 


Mr E Smith 


M r Gerrish 


Mr Tarlton 


M r Jabz Smith 


M r Bedee 


M r Flanders 


M r Simpson 


M r Plummer 


Mr N Hoit 


M r Alexander 


M r Young 


M r March 


Mr Tasker 


M r Temple 




Nays. 


Nays. 


Nays. 


Nays. 


Mr T Page 


M r Darling 


Mr M Smith 


M r Stone 


M r Bettan 


M r Shepherd 


Mr Rand 


Mr Crawford 


M r Kellie 


M 1 ' Whitcomb 


Mr Allen 


M r Hutchens 


M r Martin 


Mr Parker 


M r Penniman 





51 Yeas — 15 Nays — so it passed in the affirmative 
Agreably to the order of the day proceeded to a hearing on 
Petitions — 

Upon hearing and considering the Petition of the select men of 
Rumney — voted that the prayer thereof be granted & that the 
Petitioners have leave to bring in a Bill accordingly 
Adjourned to 8 o'Clock to morrow 



I79 1 ] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 339 

SATURDAY June 11 th 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 ready 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 — by 
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 heavy burthens they had so long borne with exemplary 
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 twenty one million and five hun- 
dred thousand Dollars of the debts of the Several states and in 



340 NEW HAMPSHIRE EARLY STATE PAPERS. [ I 79 I 

which provision is made for funding and paying the Same, by 
which measure an increased debt is brought on the General Gov- 
eminent 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 very 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, 
w'hen the Number 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 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 Twenty 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 paying 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 any 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 very 

unequal ; and while there is a distinction made between 

* 14-221 this state and every * other state in the union in the 



I79 1 ] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 34I 



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 confident we deserve not, or else that equal 
justice is not distributed to us — 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 
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 citi- 
zens of New Hampshire on an equality 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 you 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) why 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. 



M r Pierce 


M r Knox 


M r Duncan 


M r Penniman 


M r Connor 


M r Waldron 


M r Wallace 


Mr Kimball 


M r Macgregore 


M r Harper 


M r Darling 


M r Nicols 


M r Leavitt 


M r M c Millan 


M r Gerrish 


M r Freeman 


M r Dodge 


M r Warner 


M r Flanders 


M r Payne 


Mr Clifford 


M r Barrett 


Mr Stiles 


Mr Tarlton 


Mr Cilley 


Mr Abbott 


Mr Temple 


M r Simpson 


M r Jon a Smith 


Mr Clark 


M 1 " M Smith 


M r Young 


M r W Duncan 


M r Gregg 


M r Bingham 




*Nays. 


Nays. 


Nays. 


Nays. * 14- 


Mr Gains 


M r Plummer 


Mr Kellie 


M r N Hoit 


Mr B Page 


Mr Tibbetts 


Mr Carr 


Mr Tasker 


Mr Weeks 


Mr Glidden 


M 1 ' How 


M r Tash 


M r Wiggin 


M 1 * N Emerson 


M 1 ' Badger 


M r Chamberlain 


M r Currier 


M r Godfrey 


M r E Smith 


M r Jn° Smith 


Mr Jabz Smith 


M r T Page 


M r Bedee 


M r Shepherd 



222 



34 2 



NEW HAMPSHIRE EARLY STATE PAPERS. 



[1791 



Nays. 


Nays. 


Nays. 


Nays. 


M r Whitcomb 


Mr Allen 


M 1 ' S Duncan 


Mr E Hoyt 


Mr Parker 


M r Holmes 


Mr Gould 


M 1 ' N orris 


M r Alexander 


Mr Griffin 


Mr Crawford 


M 1 ' Hutchens 


M* Rand 


M r Stone 







35 Yeas — 38 Nays — so it was negatived — 

Voted that M r Pierce M r Whitcomb, M r Young, M r Allen and 
M 1 Hoit with such of the Honb 1 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 1 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 th 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 1 Senate for two amendments, the first amendment was on the 
clause which forbids any person (without being licensed therefor) 
from selling spirituous liquors in a less quantity 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. 




Mi 


Pierce 




Mr 


Leavitt 




Mr 


Dodge 




Mr 


Wiggin 




* I 


4—223 * 


Mr 


Mr 


Chamberlai 


Mr 


Martin 




Mr 


Abbott 




M>- 


Clark 




Mr 


C-regs 





Tash 



Yeas. 
Mr Clifford 

M r Currier 
M 1 * Eastman 
Mr Glidden 

Mr Wallace 
M r Darling 
M r Gerrish 
Mr Shepherd 
M'- Whitcomb 
M 1 ' Alexander 
M'- Jon ;i Smith 



Yeas. 
Mr Knox 
Mr Kellie 
M r How 
M 1 ' Temple 
Mr M Smith 
Mr Rand 
M 1 ' Bingham 
M r Penniman 
M 1 ' S Duncan 
Mr Waldron 



Yeas. 
Mr E Smith 
Mr N Hoit 
Mr Tasker 
Mr Gould 
Mr E Hoit 
M r Freeman 
M 1 ' Payne 
M 1 ' Hutchens 
M 1 ' Simpson 
M 1 ' Young 



I79 1 ] JOURNAL OF THE HOUSE OF REPRESENTATIVES, 



343 



Nays. 
M r Gains 
M 1 ' Connor 
M r Macgregore 
M r B Page 
Mr Weeks 
M r Jabz Smith 



Nays. 
M 1 ' Plummer 
M r March 
Mr W m Duncan 
M r Godfrey 
M r Bettan 
M r Carr 



Nays. 

M r Badger 
M r McMillan 
M r Warner 
Mr Barrett 
M r Jn° Smith 
M r Jn° Duncan 



Nays. 
M r Stiles 
M r Parker 
M r Stone 
M r Crawford 
M r Norris 
Mr Tarlton 



41 Yeas — 24 Nays — 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) — 



Yeas. 
M r Pierce 
M r Connor 
M r Macgregore 
Mr Weeks 
M r Leavitt 
M r Dodge 
M r Wiggin 
M r March 
Mr Tibbets 
Mr Kellie 

Nays. 
M r Gains 
Mr Clifford 
M r Currier 
M 1 ' Eastman 
Mr Jabz Smith 
M r Plummer 



Yeas. 
Mr Carr 
Mr How 
Mr Waldron 
M r Badger 
Mr E Smith 
Mr N Hoit 
Mr Tasker 
Mr Tash 
M r Chamberlain 
M 1 ' M c Millan 

Nays. 
M r W m Duncan 
M r Knox 
M r Godfrey 
M r Bettan 
M r Warner 
M 1 ' Jn<> Smith 



Yeas. 
M 1 ' Martin 
M r Barrett 
Mr Clark 
M r Wallace 
M r Parker 
M r Alexander 
M 1 ' Temple 
M r M Smith 
Mr Rand 



Nays. 
M r J Duncan 
M 1 ' Darling 
M r Gerrish 
Mr Shepherd 
M r Whitcomb 
M r Penniman 



Yeas. 
M r Bingham 
Mr Griffin 
M r Nicols 
M 1 * Freeman 
M r Payne 
M r Norris 
M r Tarlton 
M r Simpson 
M r Young: 



Nays. 
M r Stone 
M r Duncan 
M r Gould 
M 1 ' Crawford 
Mr E Hoit 
M r Hutchens 



38 Yeas — 24 Nays — so it passed in the affirmative 

Adjourned to 9 o'Clock to morrow morning 

FRIDAY [TUESDAY] June 14 th 1791 

The House met according to adjournment 
An 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 first 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 1 Senate for 
Concurrence — 



344 NEW HAMPSHIRE EARLY STATE PAPERS. [ I 79 I 

In Senate June 10 th 1791 — 

Resolved 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 1 ' Macgregore, M r Simpson M r Parker M r Hoit 
and M r Penniman with such of the Honb 1 Senate as they may 
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 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 One of the New Hampshire News papers 
six weeks prior to the sitting of said Court that any person or per- 
sons may 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 r Glidden, M r Parker and M r Bettan be a Com- 
mittee to consider of the Petition of Benjamin Abbott and report 
thereon — 

Voted that M r Duncan M r John Smith and M 1 ' Bettan be a 
Committee to consider of the Petition of William Adams and 
report thereon — 



I79 1 ] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 345 

Voted that M r Wallace M r Leavitt, M r Barrett M r Badger and 
M r Jabez Smith with such of the Honb 1 Senate as they may join be 
a Committee to consider of the Petition of Isaac Rindge Esq r and 
report thereon — 

Voted that M r N Hoyt M r Waldron & M r Clifford with such of 
the Honb 1 Senate as they may join be a Committee to consider of 
the Petition of Samuel Hobart Esq 1 ' 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 — 

Voted that the Account of Jeremiah Smith Esq r amounting to 
thirty two pounds Seventeen shillings be allowed and paid out of 
the Treasury by order of the President — 

* Voted that Sanford Kingsbury James Macgregore * 14-226 
and Jeremiah Smith Esquires have and receive out of 
the Treasury Ten pounds each to be by them Severally accounted 
for as Commissioners of Accounts and that the President give 
order accordingly — 

Voted that M r Eastman M r P. Clark & M r Penniman be a 
Committee to consider of the Petition of the Honb 1 William Page 
Esq r 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 1 ' Badger, M r Gains & M r Allen with such of the 
Honb 1 Senate as they may join be a Committee to consider of a 
Letter from Joseph Whipple Esq r and papers accompanying the 
Same and report thereon — 

Voted that the Committee appointed the third Instant to present 

the Revr d M r Evans with the thanks of the General Court &c be 

requested to receive from M 1 ' Evans the Copy therein mentioned 

and agree with M r Hough to print two hundred and fifty copies of 

the Same — . ,. , ,^, - ^ ,, 

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 — 



34-6 NEW HAMPSHIRE EARLY STATE PAPERS. [ I 79 I 

An Act to prevent damage which may be done by Lumber to 
the owners of Lands lying on or adjoining Connecticut River 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 — 

Upon hearing and considering the Petition of Stephen Harriman 
Esq 1 ' and others voted that said Petition be dismissed. 

Upon hearing and considering the Petition of the Inhabitants of 
Campbels Gore & others voted that said Petition be dismissed — 

Upon hearing and considering the Petition of Col Benjamin 
Stone voted that the determination thereon be postponed until to 
morrow morning — 

Voted that the hearing on the Petition 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 notice and govern 
themselves accordingly — 

Upon hearing and considering the Petition of the Select men of 
New Durham, voted that a Tax of one penny ^ r 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 day before the General Court be postponed until tomor- 
row of which all persons concerned are to take notice and govern 
themselves accordingly — 

Adjourned to 8 o'Clock to morrow morning 

WEDNESDAY June 15 th 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 ^ r 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 time and passed to be Enacted — 



I79 1 ] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 



347 



* Resumed the consideration of the Petition of 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. 
M r Macgregore 
M r Wiggin 
M r Clifford 
M r Currier 
M r Eastman 
M r Jabz Smith 
Mr Cilley 
M r Tibbets 
M r GJidden 
M r Jon a Smith 
M r Godfrey 

Nays. 
M r Gains 
M r Pierce 
M r Connor 



M r Weeks 
M r Dodge 
M r Plummer 
M r March 



Yeas. 
M r T Page 
Air Kellie 
M r Carr 
M r Waldron 
M r Harper 
M r Badger 
M r N Hoit 
Mr Tasker 
Mr Tash 
Mr Barrett 
Mr Clark 

Nays. 
Mr Clark 
M r Duncan 
M r Knox 
M r Bettan 
M 1 ' How 
M r Chamberlain 
M r M c Millan 



Yeas. 
M r J no Smith 
M r Jn° Duncan 
M r Wallace 
M r Darling 
M r Gerrish 
M r Flanders 
M r Shepherd 
M r Parker 
M r Temple 
M r Bingham 
M r Penniman 

Nays. 
Mr Martin 
M r Warner 
M r Abbott 
M r Gregg 
Mr Stiles 
M r Whitcomb 
M r Alexander 



Yeas. 
Mr Griffin 
M r Stone 
M r Kimball 
Mr Crawford 
Mr E Hoyt 
M r Freeman 
M r Norris 
M r Hutchens 
Mr Tarlton 
M r Young 



Nays. 
Mr M Smith 
M r Allen 
M r Holmes 
M r Duncan 
Mr Nicols 
M r Gould 
M r Payne 



43 Yeas — 29 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 Six shillings and three pence it being due to him 
for wages and travel as a Soldier in Cap 1 Eliots Company in Col 
Hobarts Regiment in the year 1777 and that the President give 
order accordingly — 

Voted that M r Pierce, M r N Hoit M r Simpson M r Gerrish and 
M r Macgregore with such of the Honb 1 Senate as they may join 
be a Committee to consider of the propriety of limiting a time for 
receiving Seven shillings in lieu of twenty 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 1 Senate for Concurrence — was read a 
third time & concurred — 

The following resolve came down from the Honb 1 Senate for 
concurrence — 



;•}' 



NEW HAMPSHIRE EARLY STATE PAPERS. 



[J79 1 



Resolved that the Select men of every Town and 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 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 twenty shillings in said Certificates or Indents so 
certified by 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 follows (viz) 



Yeas. 
M T Gains 
M r Pierce 
M 1 ' Macgregore 
Mr B Page 
M r Weeks 
Mi- Clifford 
M r Wiggin 
M r Currier 

* 14-230 *M r MSmith 

M r Rand 
Mr Allen 
M r Holmes 

Nays. 
M r Connor 
M r Leavitt 
M r Dodge 
M r Eastman 
M r Jab* Smith 
M r Plummer 



Yeas. 
Mr Griffin 
Mr Cilley 
M r March 
Mr Tibbets 
M r Jon" Smith 
M 1 ' Knox 
M 1 * N Emerson 
Mr Kellie 
Mr Carr 
M r Stone 
M r Kimball 
M r S Duncan 
M r Nicols 

Nays. 
Mr Clark 
Mr Godfrey 
Mr T Page 
Mr E Smith 
Mr Tasker 



Yeas. 
Mr Gould 
M r How 
M r Waldron 
M r Harper 
M r Badger 
M r N Hoit 
M r Tash 
M r Chamberlain 
Mr McMillan 
Mr Crawford 
Mr E Hoit 
M r Freeman 
Mr Payne 

Nays. 
M r Emerson 
M r Warner 
Mr Barrett 
M r Abbott 
Mr Wallace 



Yeas. 
Mr Norris 
Mr Martin 
Mr Clark 
M r Gregg 
M r Jn° Smith 
Mr Flanders 
Mr Stiles 
M r Whitcomb 
M r Temple 
M 1- Hutchens 
Mr Tarlton 
M 1 ' Simpson 
M r Young 

Nays. 
M r Darling- 
Mr Gerrish 
Mr Shepherd 
Mr Bingham 
M r Fenniman 



51 Yeas — 21 Nays — so it was concurred — 



I79 1 ] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 



349 



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 yeas and nays 
were called and are as follows — 



Yeas. 


Yeas. 


Yeas. 


Yeas. 


M r Gains 


M r Plummer 


M r E Smith 


M r Parker 


M r Pierce 


M r Ciiley 


Mr Warner 


M r Alexander 


M r Connor 


M r March 


M r Barrett 


Mr M Smith 


M r Macgregore 


M r Clark 


Mr Gregg 


Mr Rand 


M r Weeks 


M r Bettan 


M r Jn° Smith 


Mr Griffin 


M r Leavitt 


Mr Kellie 


M r Flanders 


M r Payne 


M r Dodge 


M r Carr 


Mr Stiles 


Mr Tarlton 


M r Wiggin 


M r Waldron 


M 1 ' Whitcomb 


M r Simpson 


m Clifford 








Nays. 


Nays. 


Nays. 


Nays. 


M r Currier 


Mr N Hoit 


Mr Wallace 


Mr Kimball 


M r Eastman 


M r Tasker 


M 1 ' Darling 


M 1 ' S Duncan 


M r Tibbets 


M r Tash 


Mr Gerrish 


M r Nicols 


M r Glidden 


M 1 * Chamberlain 


M r Shepherd 


Mr Gould 


M r Jon a Smith 


M r McMillan 


M r Temple 


M 1 ' Crawford 


M r Knox 


M r Martin 


Mr Allen 


Mr E Hoyt 


M r Godfrey 


M 1 ' D Emerson 


M r Bingham 


M r Norris 


M r T Page 


M r Abbott 


M r Penniman 


M r Hutchens 


M r How 


Mr Clark 


M r Stone 


M 1 ' Young 


M r Harper 








33 Yeas — 


37 Nays — so it 


was negatived 





* Adjourned to 3 o'Clock P. M — * I 4~ 2 3 I 

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. 


Yeas. 


Yeas. 


Yeas. 


Mr Tibbets 


M r Martin 


Mr Stiles 


M r Nicols 


| Mr Glidden 


Mr P. Clark 


M r Temple 


Mr Gould 


! Mr Jon a Smith 


M r J Duncan 


Mr Allen 


M 1 ' Crawford 


Mr W Duncan 


M 1 ' Darling 


M r Bingham 


Mr E Hoyt 


M r N Emerson 


M r Gerrish 


M r Penniman 


M r Norris 


Mr Knox 


M r Flanders 


Mr Griffin 


M r Hutchens 


Mr Harper 


M r Shepherd 


M 1 ' S Duncan 


Mr Tarlton 


Mr McMillan 









35o 



NEW HAMPSHIRE EARLY STATE PAPERS. 



[1791 



Nays. 
Mr Gains 
M r Pierce 
M r Connor 
M r Macgregore 
Mr B Page 
M r Weeks 
M r Leavitt 
M r Dodge 
M r Wiggin 
M r Clifford 
M r Currier 
M r Eastman 



Nays. 
M r Jab 2 Smith 
M r Plummer 
Mr Cilley 
M r March 
Mr J Clark 
Mr Godfrey 
Mr T Page 
M 1 ' Bettan 
Mr Kellie 
Mr Can 
M r How 
Mr Waldron 



Nays. 
Mr E Smith 
M r Bedee 
Mr N Hoit 
M r Tasker 
Mr Tash 
M r Chamberlain 
M 1 ' D Emerson 
M r Warner 
M 1 ' Barrett 
Mr Abbott 



Nays. 
Mr J n o Smith 
Mr Wallace 
Mr Whitcomb 
M 1 ' Parker 
M 1 ' Alexander 
Mr M Smith 
Mr Rand 
M r Stone 
xMr Kimball 
Mr Payne 
M r Simpson 



29 Yeas — 46 Nays — so it was negatived — 

Motion was then made that the next Session be held at Dover — 
On which motion the yeas and Nays were called and are as fol- 
lows — 



Yeas. 


Yeas. 


Yeas. 


Yeas. 


M r Gains 


M r Plummer 


M r Harper 


Mr Stiles 


M r Pierce 


Mr Cilley 


M r E Smith 


M r Alexander 


M r Connor 


Mr J Clark 


Mr N Hoit 


M r Temple 


Mr B Page 


Mr Tibbetts 


Mr Tasker 


Mr M Smith 


M r Weeks 


M r Jon a Smith 


Mr Tash 


M r Rand 


M r Leavitt 


M r Knox 


M r Chamberlain 


Mr Allen 


M r Dodge 


M r Kellie 


M r McMillan 


M r Bingham 


M 1 ' Wiggin 


Mr Carr 


M r Martin 


M 1 ' Penniman 


Mr Clifford 


Mr How 


Mr P Clark 


M r Nicols 


Mr Jab z Smith 


Mr Waldron 


M r Flanders 


M r Simpson 


* 14-232 *Nays. 


Nays. 


Nays. 


Nays. 


M r Macgregore 


M r Bettan 


M r Darling 


Mr S Duncan 


M r Currier 


M r D Emerson 


M r Gerrish 


Mr Gould 


M r Eastman 


M r Warner 


M r Shepherd 


M r Crawford 


Mr March 


M r Barrett 


M 1 ' Whitcomb 


Mr E Hoyt 


M r Glidden 


Mr Abbott 


M 1 ' Parker 


M r Payne' 


M r W Duncan 


M r Gregg 


Mr Griffin 


M r Norris 


M r N Emerson 


Mr J n" Smith 


M r Stone 


M r Hutchens 


M r Godfrey 


M 1 ' J Duncan 


Mr Kimball 


Mr Tarlton 


Mr T Page 


Mr Wallace 







40 Yeas — 34 Nays — so it passed in the Affirmative 
Voted that the next Session of the General Court be holden at 
Dover — 

The following vote of the Honb 1 Senate came down for Con- 
currence — 

Voted that the Secretary be directed to have printed as soon as 
may be three hundred and fifty copies of the Resolve passed this 
day respecting certificate and Indent taxes outstanding and for- 



I79 1 ] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 35 1 



ward them immediately by 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 — 

Agreably to the order of the day proceeded to a hearing on 
Petitions — 

Upon hearing and considering the Petition of Richard Sinkler 
Jun r motion was made to dismiss said Petition On which motion 
the Yeas and nays were called and are as follows — 

Yeas. Yeas. Yeas. Yeas. 



M r Gains 


Mr J Clark 


M 1 ' Chamberlain 


Mr Allen 


M r Pierce 


M r W Duncan 


M r D Emerson 


M r Bingham 


M r Macgregore 


M r Knox 


M r Gregg 


M r Holmes 


M r B Page 


M r N Emerson 


M r J no Smith 


M r Penniman 


M 1 ' Weeks 


M r Godfrey 


M r Duncan 


M r Griffin 


M r Leavitt 


M 1 ' Bettan 


M r Stiles 


M r Stone 


M r Dodge • 


M r Kellie 


M 1 * Whitcomb 


M r S Duncan 


Mr Wiggin 


M r Carr 


M r M Smith 


Mr E Hoyt 


M r Jab* Smith 


M r Tash 


M r Rand 


M r Payne 


M r Plummer 








*Nays. 


Nays. 


Nays. 


Nays. * 14-233 


Mr Clifford 


M r Badger 


M 1- Darling 


M r Nicols 


M r Eastman 


Mr E Smith 


M r Gerrish 


M r Gould 


Mr Tibbets 


Mr N Hoyt 


Mr Flanders 


M r Crawford 


Mr Glidden 


M r Tasker 


Mr Shepherd 


M r Norris 


M r Jon a Smith 


M r Abbott 


Mr Parker 


M r Hutchens 


M r T Page 


Mr P. Clark 


M r Temple 


M r Tarlton 


Mr How 


M r Wallace 


M r Kimball 





37 Yeas — 27 Nays — 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 highways 
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 

Voted that the remainder of the hearings which were to have 



352 NEW HAMPSHIRE EARLY STATE PAPERS. [ X 79I 

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 16 th 1791 

The House met according to adjournment 

An Act regulating Swine, was read a third time & passed to be 
Enacted — 

x\n 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 ^ r 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 off the 
list make immediate application to Doctor Samuel Tinney and 
Doct r 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 stating the 
facts relative to the Subject — 

The Committee on the Petition of James & John M c Masters 
reported that the prayer thereof be granted and that the President 
be desired to £'ive order that Wentworth Cheswell Esq 1 * deliver all 
the books and papers now in his custody belonging to the said 
M' Masters* to them or their Attorney 

The Committee appointed (by vote of the General Court of 
Feb 1 ' I st 1791 — ) to deface state orders and orders for premiums 
for 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 



I791] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 353 

above mentioned are recorded in the Secretary's Office and 

delivered to the state Comptroller — 

e . a Nath 11 Rogers > ^ 
Sign 11 at 4-uu o-i ? Committee 

b Nattv 1 Gilman $ 

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 1 William 
Page Esq 1 * 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 11 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 r Barrett, M r Hoyt, M r Holmes, M r Macgregore 
and M r Jn° Smith with such of the Honb 1 Senate as they may join 
be a Committee to consider of the Petition of Thomas Smith & 
John Lathrop and report thereon — 

Voted that M r Badger M r Gains, M r Warner M r M Smith and 
M r Simpson with such of the Honb 1 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 office given for military 
stores — 

[ Voted that M r Gains, M r Simpson & M r Weeks with such of 
the Honb 1 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, 



[I7 9 I 



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 1 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 yeas and nays were called and are as 
follows — [viz.] 

Yeas. Yeas. Yeas. Yeas. 



M r Gains 
M r Pierce 
M r Macgregore 
M r Page 
M r Weeks 
M r Leavitt 
M r Dodge 
M r Wiggin 
M* Clifford 
M r Plummer 

Nays. 
M r Currier 
M r Eastman 
M r Jabz Smith 
M r Tibbets 
M r Glidden 
M r W Duncan 
M r Knox 
M r Godfrey 



Mr Cilley 
M r March 
Mr J Clark 
M r N Emerson 
Mr Bettan 
M r Martin 
M r Warner 
M r Barrett 
M r Abbott 
Mr P Clark 

Nays. 
Mr T Page 
M r Kellie 
M r Can- 
Mr How 
Mr Waldron 
M r Harper 
Mr E Smith 
Mr N Hoit 



M r Gregg 
M r Jn° Smith 
M 1 ' J Duncan 
M r Wallace 
M r Stiles 
M r Whitcomb 
M r Parker 
M r Alexander 
M r M Smith 

Nays. 
M r Tasker 
Mr Tash 
M 1 * Chamberlain 
Mr McMillan 
M r Darling 
M r Gerrish 
M r Flanders 
Mr Shepherd 



Mr Rand 
Mr Griffin 
M r Stone 
Mr Gould 
M r Crawford 
M r Payne 
M r Norris 
M r Tarlton 
M r Simpson 

Nays. 
M r Temple 
Mr Allen 
M r Bingham 
M r Penniman 
M r Duncan 
M r Nicols 
Mr E Hoit 
M 1 ' Hutchens 



38 Yeas — 32 Nays — so it was concurred — 

Upon reading and considering the Petition of the Proprietors of 
Unity voted 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 Copy of the Petition 
and order of Court thereon be published three weeks Successively 
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 may not be granted — 

Voted that M r Badger, M 1 ' Macgregore & M r Waldron be a 

Committee to consider of the Petition of Stephen Evans Esq 1 ' also of 

the Petition of Joshua Tolford Esq 1 ' and report thereon — 

* 14-237 * Upon reading and considering the Petition of the 



I79 1 ] 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 any they have) why the prayer 
thereof may not be granted — 

Voted that M r Pierce M r Holmes & M r 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 M r Connor M r Badger M r Penniman M r N. Hoit and 
M r 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 r T Page, M l Bettan and M r Stiles be a Com- 
mittee to consider of the Petition of Benj a Archer and report 
thereon — 

Upon reading and considering the Petition of John Tasker Esq r 
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 any 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 prayer of said Petition they beg leave to state the following 
facts, That the said Township is chiefly 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 therefore the * Select * 14-238 
men cannot tax the lots of Nonresidents to the owners 
because they 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 



35^ NEW HAMPSHIRE EARLY STATE PAPERS. [ I 79 I 

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 
Bayley 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 r 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- 



I79l] 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 Lottery 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 ^ r 
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 ^ r 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, voted 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 why the prayer thereof may not be granted — 

Upon hearing and considering the Petition of Joshua Tolford 
Esq r 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 may then appear and shew cause why the prayer 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 hun- 



35$ NEW HAMPSHIRE EARLY STATE PAPERS. [ I 79 I 

dred and Sixty three Dollars and ninety three Cents in funded Six 
^ r 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 fifty shares which will 
require the Sum of forty five thousand dollars in the said funded 
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 ^ r Cent in lieu of five ^ r Cent heretofore paid and that 
he receive Six pence for each receipt by him given in the Execu- 
tion of said Office 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 report 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 1 Senate & House of Representatives and their 






I79 1 ] 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. * I4-2 


M r Jabz Smith 


Mr Kellie , 


Mr M Millan 


Mr Rand 


Mr Cilley 


M r Carr 


Mr P. Clark 


M r Bingham 


M r March 


M r How 


M r Jn° Smith 


M r Stone 


M r Tibbets 


M r Waldron 


M r Shepherd 


Mr Kimball 


M r Jon a Smith 


M r E Smith 


M r Whitcomb 


M 1 ' Duncan 


M r W Duncan 


Mr N Hoit 


M r Parker 


Mr Nicols 


Mr Godfrey 


Mr Tasker 


Mr M Smith 


Mr E Hoyt 


Mr Bettan 


M r Chamberlain 






Nays. 


Nays. 


Nays. 


Nays. 


M r Gains 


M r Eastman 


Mr Gregg 


M 1 ' Penniman 


M r Pierce 


M r Plummer 


M r J Duncan 


M r Griffin 


M r Connor 


M r Knox 


Mr Wallace 


M r Gould 


M r Macgregore 


M r N Emerson 


M r Darling 


M r Crawford 


M r Page 


M r Harper 


M 1 ' Gerrish 


M r Payne 


M r Weeks 


M r Tash 


Mr Flanders 


M r Norris 


M r Leavitt 


M r Martin 


M 1 ' Stiles 


M r Hutchens 


M r Dodge 


M r D Emerson 


M r Temple 


Mr Tarlton 


M r Wiggin 


M r Barrett 


M r Allen 


Mr Simpson 


M 1 ' Currier 


M r Abbott 







30 Yeas — 38 Nays — so it was not Accepted — 

Adjourned to 8 o'Clock to morrow morning 

FRIDAY June 17 th 1791 

The House met according to adjournment 
The following resolve came down from the Honb 1 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 Sixty 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 f 1 ' 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. [ I 79 I 

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 penny ^ r 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 ref ered 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, 
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 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 — 

Upon reading and considering the Petition of Alexander Plumb- 
ley — voted 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 may then appear and 
shew cause why the prayer thereof may not be granted — 

Upon reading and considering the Petition of John Bryant Esq r 
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 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 1 * in behalf of the Town of Plainfield — 

voted that the Petition lay till the next Session and that 
no extent issue against Plainfield for the deficiency of Soldiers 
until the next Session — 

The following resolve came down from the Honb 1 Senate for 
Concurrence — 



I79l] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 361 

In Senate 17 th June 1791 — 

Resolved that M r Nathanael Parker receiver of Nonresident 
Taxes shall be allowed in future to demand and take ten ^ r 
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 
Treasury by order of the President 

Voted that the Account of Joseph Pearson Esq 1 ' 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 1 ' 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 
Treasury by order of the President — 

Voted that the Account of John Calfe Esq 1 " 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 * 14-245 
on the Accounts of Printers and other accounts to them 
referred — Reported that Eliphalet Ladd Jun r 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 s 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 Silsby 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 accordingly — 

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 — 



6 

302 NEW HAMPSHIRE EARLY STATE PAPERS. [ I 79 1 

Voted that John Melcher have and receive out of the Treasury 
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 *§ r 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 1 " for his attention to and fidelity in his 
Office of Treasurer of this State during his continuance therein 
and that M 1 ' 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 Petition of William Adams reported that 
he be allowed the Same wages & depreciation as Cap 1 Runnels 
and other Officers in the same service have been allowed — which 
report being read and considered voted that it be received and 
accepted — 

Voted that the Revr d 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 until 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 by order of the President — 

Resolved that Col William Page commander 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 may be found necessary, under the same rules 
regulations & restrictions as other companies of Light horse in 



I79 1 ] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 363 

this state and the field officers of said regiments are requested to 
nominate officers for said Company — 

* The following resolves came down from the Honb 1 * 14-247 
Senate for Concurrence — 

In Senate June 17 th 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 Treasury Office of the United states for 
the Sum of Two Thousand two hundred and forty three Dollars 
and eighty eight cents Dated 27 th 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 impowered 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. [ I 79 I 

Ordered to lay over. 

Jonathan Hoit's 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 by lumber to 
the owners of lands on Connecticut-river and Merrimac-river, 
ordered to lay over.] 



Journal of the Senate 



CONTAINING THE PROCEEDINGS 



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 Wednesday Nov 1 ' 30 th 1791 — Present in Senate His Ex- 
cellency Josiah Bartlett Esq Presid* The Hon Rob* Wallace Abiel 
Foster Sanford Kingsbury Nath 1 Rogers John Waldron, Samuel 
Hale Christ Toppan James Sheafe & W m Page Esq 1 ' 8 — 

THURSDAY Dec i, 1791 — 

Present as yesterday with the addition of Gen 1 Peabody 

A vote appointing the Rev d Doct r Haven Revd M r Buckminster 
& the Rev d M r Ogden to officiate as Chaplains the present Session 
at Portsmouth, was bro* up read & concurred. 

A vote for a Com tee to join a Com tee of Senate to take under con- 
sideration His Excellencys Message and report an answer thereto 
was brot up read & concurred M r Sheafe & M r Peabody joined — 

A vote for a Com tee to join a Com tee 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 propriety of 
passing a similar Act was brot up read and concurred M 1 ' Page 
joined 

A vote for a Com tee to join a Com tec of the Senate to consider of 
what business is necessary first to be entered upon & done at this 
Session & report thereon was bro 1 up read & concurred M r Pea- 
body & M r Rogers joined — 

A vote for a Com tee to join a Com tee 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 1 up read & concurred 
M r Peabody joined — 

* A vote for a Com tee to join a Com tee 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 1 ' Foster & M r Toppan joined — 



368 NEW HAMPSHIRE EARLY STATE PAPERS. [ I 79 I 

A vote for a Com tee to join a Com tee of the Senate to consider of 
the pet' 1 of John Young Esq who prays for the privilege of build- 
ing & altering chimnies according to a certain plan so as to carry 
smoke well was brot up read & concurred M r Page and M r Sheafe 
joined — 

A vote to hear the petition of Hampton falls respecting high- 
ways in s d Town and Seabrook on the 20 th of this Ins 1 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 tee to join a Com tee of the Senate to consider of 
the Acc° of J M Sewall Esq & report thereon was brot up read & 
concurred M r Toppan joined — 

A vote for a Com tee to join a Com tee of the Senate to consider of 
the pet n of Abigail Fugard & report thereon was bro* up read & 
concurred M r Kingsbury & M r Sheafe joined — 

A vote for a Com tec to join a Com tee of the Senate to consider of 
the pet 11 of Silas Betton was brot up read and Nonconcurred — 
reconsidered See N° 215 — [January 2, 1792.] 

A vote for a Com tee to join a Com tee 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 1 up read & concurred M r Wallace 

M r Foster & M r Toppan joined 
*4~3i * A vote for a Com te to join a Com tee of the Senate to con- 
sider of a Letter from Rob 1 Means Esq was bro* up read 
& concurred M r Wallace joined 

The pet n 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 for a Com tce to join a Com tee of the Senate, to consider 
of the pet n of Eliph* Ladd & report thereon was brot up read & 
concurred M r Hale joined 

A vote for a Com tee to join a Com tec of the Senate to consider of 
all Printers Accounts was brot up read & concurred M r Sheafe 
joined — ^ 

A vote for a Corn 100 to join a Com toe of the Senate to take under 
consideration some Method respecting the routs of Postriders was 
bro 1 up read & concurred M r Hale M r Peabody M r Page & M r 
Wallace joined — 



I79 1 ] JOURNAL OF THE SENATE. 369 

A vote for a Com Lee to join a Com tee 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 M r Rogers M r 
Sheafe & M r Page joined — 

A vote for a Com tee to join a Com tee of the Senate to bring in a 
bill providing how the business of Sheriff shall be transacted, 
when by reason of death or otherwise that office shall become 
vacant was brot up read & concurred M r Foster joined 

A vote for a Com te to join a Com tee of the Senate to consider 
that part of the report of the Com tee 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 r 
Kingsbury & M r Wallace joined 

*A vote for a Com tee to join a Com tee 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 r Toppan & M r Page joined — 

A vote for a Com tee to join a Com tee of the Senate to consider 
of the pet" of N Clough & all similar matters & report thereon 
was bro 1 up read and concurred M r Toppan M r Peabody & M r 
Page joined 

A vote so far granting the prayer of the pet n 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 tee to join a Com tee 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 r Toppan 
joined — 

A vote for a Com tee to join a Com tee of the Senate to consider 
of the petition of Joseph Taylor was brot up read & concurred M r 
Foster joined 

adjourned till tomorrow morning 9 °Clk 

SATURDAY Dec 2 1791 

met according to adjournment 

Present as yesterday 

A vote granting the prayer of John Peirce 3 d (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 1 up read and concurred 

24 



37° NEW HAMPSHIRE EARLY STATE PAPERS. [ I 79 I 



*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 th 1791 

met according to adjournment 
Present as yesterday 

A vote for a Com tee to join a Com te of the Senate to take under 
consideration a Resolve of 16 th of June last respecting Invalids 
and report what alterations may be necessary was brot up read & 
concurred M r Peabody & M r Sheafe joined — 

A vote granting the prayer of Jon a Hoit of Orange (who prays 
that all his proceedings as Constable of s d 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 1 up read and non- 
concurred 

A vote for a Com* to join a Com te 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 1 up read & concurred M r Peabody 
& M r Sheafe joined 

A vote for a Com te to join a Com te of the Senate to consider of 
the pet 11 of Nath 1 Gilman & report thereon was brot up read & 
concurred M r Page joined — 

A vote for a Com tee to join a Com te of the Senate to consider of 
the Pet 11 of W m Duncan & others respecting a road from Durham 
to Concord was brot up read & concurred M r Sheafe M r Foster & 
M r Hale joined & M 1 Rogers 

adjourned till tomorrow morning 9 °Clk 

TUESDAY Dec* 6 1791 

met according to adjournment 
Present as yesterday — 
A vote for a Com tee to join a Com tee of the Senate to consider 
of the pet n of Benj a Brown jun 1 ' was brot up read & concurred M 
Sheafe joined 

A vote to pay the acc° of Jon a M Sewell [amount- to £15] foi 
service as Sec- V to the Convention in 1783 was brot up read & 

concurred 
*4~34 *A vote to hear the pet n of Moses Blake (who prays foi 



I791] JOURNAL OF THE SENATE. 37 1 

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 tee to join a Com tee of the Senate to consider 
of the Acc° presented by the Com tee appointed to settle the ex- 
pences of the Light Hous was bro* up read & concurred M r Top- 
pan M r Rogers & M r 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 fc up read & concurred 

a vote for a Com tee to join a Com tee of the Senate to consider of 
the pet n of John Pendexter & others was brot up read & concurred 
M r Hale & M r Waldron joined — 

A vote for a Com tee to join a Com tec of the Senate to consider of 
the Pet n of Henry Y. Brown was bro fc up read and concurred M r 
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 r Barrett 

*A vote to accept the report of the Com tee appointed to * 4-35 
settle the acc° between the State & W m Gardner Esq late 
Treasurer was bro* up, read & concurred 

A vote for a Com tee to join a Com tec of the Senate to consider of 
the pet 11 of John Mendum was bro f up read & concurred M r 
Rogers joined 

A vote to hear the pet" of Benj Brown on Friday 16 of Dec 
Ins 1 was bro 4 up read & concurred 

A vote for a Com tee to join a Com tee of the Senate to consider of 
the pet n of Jon a 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 r Hale & M r Foster joined — 



372 NEW HAMPSHIRE EARLY STATE PAPERS. [ I 79 I 

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 11 

A vote for a Com toc to join a Com tee of the Senate to consider of 
the Memorial of Bradbury Cilley was brot up read & concurred 
M r Rogers M r Toppan M r " Barrett & M r 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 1 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 n 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- I 
men of Cockermouth, that they have leave to raise a tax j 
of one penny °§ acre for two years on all the lands in s d Town | 
except the undivided lands and that they have leave to bring in a j 
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 d 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 conc (1 

A vote to postpone the hearing on the pet" of Jaasiel Herrima 
till the second Wednesday of the next Session was bro 1 up read & 
concurred 

A vote for a Com tee to join a Com tec of the Senate on the pet 
from Conway [and] Shelburne & report their opinion respecting 
the same was brot up read & concurred M r Hale [Page] & M 
Sheafe joined 

A vote granting the prayer of the pet 11 of the Selectmen of Chi 
Chester & giving them leave to bring in a bill accordingly wa 
brot up read & concurred — 

An Act to alter the name of John Peirce the third to Edwan 
John Peirce having been read a third time voted that the same b 
enacted 

Adjourned till tomorrow morning 9 °Clock 



. 



I791] 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 st 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 te to join a Com tee of the Senate to consider of 
the pet n of Jer h Eastman et alius & report thereon was brot up 
read & concurred M r Toppan & M r Waldron joined. 

A vote for a Com tec to join a Com tce of the Senate to take under 
consideration the Resolve respecting Post routs & report thereon 
was brot up read & concurred M r Peabody & M r Wallace joined 

A vote for a Com te to join a Com te of the Senate to consider of 
a letter from J s Macgregore Esq was bro 1 up read & concurred M r 
Peabody & M r Page joined 

A vote for a Com tee to join a Com te of the Senate to consider of 
the pet n of Jn° Trott was brot up read & concurred M r Kingsbury 
joined — 

A vote for a Com te to join a Com tee of the Senate to consider of 
the pet n of Samuel Sherburne was bro 1 up read & concurred M r 
Foster M r Wallace & M r Barrett joined — 

A vote for a Com tee to join a Com tee of the Senate to consider of 
the pet n of Col W m Gregg & report thereon was brot up read & 
concurred M r Page joined 

A vote for a Com tee to join a Com of the Senate to consider of 
the pet" of Joseph Bell & report thereon was brot up read & 
concurred M r Barrett Joined — 

A vote granting the prayer of the pet 11 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 ch were to have 
been this day be postponed till tomorrow was brot up read & con- 
curred — 

* A vote for a Com tee to join a Com tee of the Senate to *4~38 
consider of the pet 11 of John Reed was brot up read & 
concurred M r Peabody & M r Sheafe joined 

A vote appointing a Com te 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. [ I 79 I 

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 voted that the 
same be enacted — 

A vote granting the prayer of Nath 1 Gilman and giving him 
leave to bring in a bill accordingly was brot up read & concurred 

A vote that a Com tee be appt d 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 8 9 °Clk 

FRIDAY Dec 9 1791 

met according to adjournment 
Present as yesterday 

A vote for a Com tee to join a Com tee of the Senate to consider 
of the Acc° of John Morse was brot up read & concurred M r 
Wallace joined 

A vote for a Com tee to join a Com tee of the Senate to consider 
of the pet" of Tho s Tash was bro 1 up read and concurred M r Wal- 
dron joined — 

A vote to hear the pet 11 of Jon a Warner on Thursday next was 
brot up read and concurred 

A vote for a Com tee to join a Com tee of the Senate to 
*4~39 consider of the pet 11 of William Vans *was bro 4 up read 
& concurred M r Peabody and M r Rogers joined 

A vote for a Com tee to &c [join a committee of the Senate] on 
the pet 11 of Susanna Dodge was brot up read & concurred M r 
Sheafe joined 

A Resolve that the Towns of Conway Bartlett & the locations 
to the North of Bartlett together with Sterling Arch d Stark & 
Sam 1 Starks Locations South of s d Conway have liberty to send a 
member to the Gen 1 Court — And that Tamworth Eaton & Burton 
have liberty to send a member to sd Court was bro 1 up read & 
concurred with this Amendment that the Locations viz Caldwells 
M c Neils & Martins be added to Tamworth Eaton & Burton — 

Sent down for concurrence brot up concurred — 

A vote for a Com tee to join a Com te of the Senate to consider 
of the pet" from Hawke was brot up read & concurred M r 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 tee to join a Com tee of the Senate to consider 
of the pet 11 of E Triskett was brot up read & concurred M r Foster 
joined — 

A vote for a Com tee to join a Com tee of the Senate on the pet n 
of Jon a Tenny was bro* up read & Nonconcurred 

A vote for a Com tee to join a Com tee of the Senate to consider 
whether & what alterations shall be made in the lines of the sev- 
eral Counties was bro* up read & concurred M r Peabody M r Page 
M r Wallace & M r Waldron joined 

*A vote for a Com tee to join a Com tee of the Senate to *4~40 
wait on the Hon Nath 1 Peabody Esq one of the Com tee for 
revising the laws &c and inquire how far said Com tee have pro- 
ceeded &c was brot up read & concurred M r Toppan joined — 

A vote for a Com tee to join a Com tee of the Senate to consider 
of the Pet 11 of Tim Gibson and Samuel Dodge & report thereon 
was bro 1 up read & concurred M r Rogers joined — 

A vote granting the prayer of the pet n 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 th 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 r Sheafe and M r Peabody 
be a Com tee with such as the Hon House may join to take into 
consideration the above said matters and report thereon Sent 
down for concurrence brot up concurred 

A vote granting the prayer of the pet 11 of J s Wallace and giving 
him leave to bring in a bill accordingly was brot up read & con- 
curred 

A vote for a Com tee to join a Com tee of the Senate to consider of 
the Pet n of Bez 1 Woodward was brot up read and concurred M r 
Barrett joined 

*A vote granting the pet 11 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. [ I 79 I 

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 Sanford Kingsbury Esq as 
one of the Corns"™ [committee] on Continental Acc os 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 rs [committee] on Cont 1 Acc os was brot up read 
and concurred w* granted 

Adjourned till tomorrow morning 9 °Clock 

SATURDAY Dec 10 th [1791] 

met according to adjournment 
Present as yesterday — 

A vote that Eliph 1 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 voted that the same be enacted 

A vote granting the prayer of the pet 11 of J Mendum and giving 
him leave to bring in a Resolve accordingly was bro* up read & 
concurred — 

A vote for a Com tee to join a Com tee of the Senate to take under 
consideration what business is yet necessary to be done — adjourn- 
ment &c was brot up read & concurred M r Peabody & M r Hale 
join d 

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 legalize the exchange of certain lands in the 
Town of New Grantham & for abating a tax laid on s d 
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 



I791] 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 18 th of June A D 1789 
intitled an Act for regulating Schools in this State and for 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 r Nath 1 Rogers M r Cha s Barrett M r James Sheafe & 

Rob 1 Wallace Abiel Foster Sanford Kingsbury — 6 

Nays. Nays. Nays. 

M r Nath 1 Peabody M r Christ Toppan M v Will™ Page — 5 

John Waldron Sam 1 Hale 

And so it was enacted — 

Adjourned till Monday next 3 °Clok P M 

MONDAY Dec 12 th 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 y of s d 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 d 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 tee to join a Com te of the Senate to nominate 
four persons — two of whom to be a committee to settle all acco s 
due to the State prior to June 1784 &c was brot up read & con- 
curred M r Sheafe M r Barrett & M r Hale joined — 

A vote for a Com tee to join a Com tee of the Senate to consider of 
the pet 11 of John Tanner was brot up read & Nonconcurred 

A vote for a Com tee to join a Com tee 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 



37^ NEW HAMPSHIRE EARLY STATE PAPERS. [ I 79 I 

the grants have not been complied with was brot up read & con- 
curred M r Toppan & M r Sheafe joined — 

A vote for a Com tee to join a Com tee of the Senate to consider of 
the pet 11 of Phinehas Parker was brot up read & concurred M r 
Foster joined 

Adjourned till tomorrow morn* 9 °Clock 

TUESDAY Dec 13 1791 

met according to adj 1 
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 tee on the petition 
of Tim Gibson & Sam 1 Dodge that the bonds mentioned 
in s d pet 11 be remitted &c was brot up read & concurred 

A Resolve on the pet 11 of W m Vans respecting Errol & Mills- 
field that a further term of Ten years from the pass g of this 
Resolve be allowed s d proprietors to complete the settlem* of s d 
Townships provided that within one year from the pass s this 
Resolve the Prop trs of Errol pay into the Treasury of this State 
the sum of £118.. 6 — and the Prop r of Millsfield pay £101.. 8 
was brot up read and concurred 

A vote to hear the pet n 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 & concurred 

A vote for a Com tee to join a Com tee of the Senate to consider of 
the pet 11 of Joseph Kimball was brot up read & concurred M r 
Foster & M r Dow joined — 

A vote for a Com tee to join a Com tee of the Senate to consider of 
the pet' 1 of Benjamin Lamson was brot up read & concurred M r 
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 toe to join a Com tee of the Senate to take under 
consideration a Letter from Doc trs Tenny & Parker respecting 
Invalids was brot up read & concurred [M r Dow & M r Rogers 
joined — ] 

A vote granting the prayer of the petition of Sam 1 Duncan and 
giving him leave to bring in a bill accordingly was bro 1 up read & 
concurred 



1791] JOURNAL OF THE SENATE. 379 

*A vote for a Com tee to join a Com tee of the Senate to * 4-4 5 
consider of the Memorial of Capt Titus Salter was brot 
up read & concurred M r Toppan & M r Rogers joined 

A Resolve that certain penalties be remitted unto Tim Gibson 
& Sam 1 Dodge provided the s d T [Timothy] Gibson and Sam 1 
Dodge shall at or before the next S C [Superior Court] for s d 
County pay all legal costs that have arisen in consequence of the 
prosecution vs s d [one David] Dodge & on acc° of the forfeitures 
incurred by them was brot up read & concurred — 

A vote on the pet 11 of the Selectmen of Dorchester that a bill be 
brot in for raising 2 pence ^ Acre on all lands in s d Town for one 
year was brot up read and concurred 

A vote for a Com tee to join a Com tee of the Senate on the pet of 
Joseph Kenniston was brot up read & concurred M r Foster joined — 
Adjourned till tomorrow morning 9 "Clock 

WEDNESDAY Dec* 14 1791 

met according to adjournment 
present as yesterday except M r Kingsbury 

A vote that the Sec y 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 for 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 voted that the same be enacted. 

A Resolve that the Town of New Grantham be abated the sum 
of five pounds and that s d five pounds be charged to the town of 
Cornish was brot up read and concurred 

*A vote for a Com tce to join a Com tec of the Senate on * 4-46 
the pet u of U J s Gould an Invalid was brot up read & Non 
concurred 

A vote for a Com tce to consider of the pet 11 of Benj a Tripp was 
brot up read & Nonconcurred 

A vote to postpone the hearing on the pet 11 of John Tasker Esq 
to the Second Wednesday of the next Session Also the pet n 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 voted that the same be enacted — 



380 NEW HAMPSHIRE EARLY STATE PAPERS. [ I 79 I 

A vote that M r Rogers M r Dow M r Peabody M r Toppan M r 
Sheafe & M r Page with such of the Hon 1 ' 1 '' House as they may join 
be a Com tee to consider a report of one of the Com tee for revising 
the laws — and to examine the printed Sheets of laws by 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 n of Sam 1 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 n of Tho s 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 rs to examine such further Claims against the Es- 
tate of the late Gov 1 ' Wentworth &c was brot up read & concurred 
Adjourned till to morrow morning 9 °Clk 

THURSDAY Dec 15 1791 

met according to adjournment 
Present as yesterday 
A vote granting the prayer of Alex (1 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 te to join a Com u ' e of the Senate to consider 

of the pet" of Smith Emerson was brot up read & concurred M r 

Waldron joined 

Adjourned till to morrow morn" 9 °Clk 



I791] JOURNAL OF THE SENATE. 381 

FRIDAY 16 Dec r 1791 

met according to Adjm* 
Present as yesterday 

An Act to impower Nathaniel Gilman 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 tee to join a Com tee of the Senate consider of a 
bill respecting an equitable method of making rates &c was brot 
up read & concurred M r Dow & M r Foster joined — 

A vote for a Com tee to join a Com tee of the Senate to consider of 
the pet n of the Selectmen of Durham et alii — (Newmarket bridge) 
was brot up read & concurred Foster & M r Sheafe joined — 

a vote that the order drawn in fav r of the Parish of Deerfield 
Amo tg to £259.. o.. 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 te to join a Com te of the Senate to * 4-48 
consider of the pet 11 of Moses Kelley was brot up read & 
concurred M r Wallace joined 

A vote for a Com te to join a Com tee of the Senate to consider of 
the Acc° of I Rollins Esq was brot up read & concurred M r Barrett 
joined — 

A vote for a Com tee to join a Com tee of the Senate to consider of 
the pet n of Sam Silsby was brot up read & concurred M r 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 d day be postponed until tomorrow was brot 
up read & concurred. 

A vote for a Com tee [to join a committee of the Senate] to con- 
sider of a pet n from New Castle was brot up read & concurred M r 
Barrett joined — 

a vote granting the prayer of the Pet 11 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 11 of D. Webster and giving 
him leave to bring in a bill accordingly was brot up read & Non 
concurred s 



382 NEW HAMPSHIRE EARLY STATE PAPERS. [ I 79 I 

A vote to postpone the remainder of the hearings wh ch were to 
have been heard this day till Tuesday next was bro 1 up read & 
concurred 

A vote referring the pet n of Wheeler to the Com tee 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 voted that the same be 

enacted 
* 4-49 * A vote for a Com tee to join a Com tee of the Senate on the 
pet" of Robert Wier was brot up read & coned M r Dow & 
M r 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 tce to join a Com tec of the Senate to consider of 
the pet n of Joseph Hammond was brot up read & concurred M r 
Dow and M 1 ' Wallace joined — 

Adjourned till to morrow morn g 9 °Clk 

TUESDAY Dec 20 1791 

met according to Adjm* 
Present as yesterday 

A vote granting the prayer of the pet n of Benj a Lamson & that 
a bill be brot in accord [ing]ly was brot up read & concurred 

A vote for a Com tte on the pet u of a number of the Inhab ts of 
Portsmouth was brought up read & concurred M r Sheaf e joined — 

A vote granting the prayer of the pet 11 of the Prop trs of Unity & 
that a bill be brot in accordingly was brot up read & concurred 

A vote so far granting the prayer of the pet 11 of Sam 1 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 & nonconcured 

A vote for a Com 111 ' on the pet" of Tho s Simpson was brot up 
read & concurred M r Dow joined 



1791] JOURNAL OF THE SENATE. 383 

A vote to hear the pet n of Smith Emerson on Friday next was 
brot up read & concurred with this amendment that he be heard 
thereon, on Tuesday next instead of friday — 

Sent down for concurrence — bro 1 up with a Message that the 
House adhere to their former vote — read again and nonconcurred 

WEDNESDAY Dec. 21, 1791 

met according to adj 4 
Present as yesterday 

A vote of yesterday postponing the remainder of the hearings 
which were to have been on s d day to this day was brot up read & 
concurred 

* A vote granting the prayer of the pet 11 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 pet 11 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 n 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 highways having been 
read a third time voted that the same be enacted 

A vote granting the prayer of the pet n B Brown & that a bill be 
brot in accordingly was brot up read & concurred — 

A vote for a Com tee on the pet 11 of W Hall was brot up read & 
concurred M r Toppan joined — 

John Reeds pet 11 was referred to the Com tee on a letter from 
Doct r Tenny — 

A vote to postpone the hearings on the pet ns of G Tiffany & A 
Sanborn to the second Thursday of the next Session was brot up 
read & concurred 

A vote to postpone the hearing on the pet 11 of [S.] Sher- 
burne until Friday next *3 °Clock P M was brot up read * 4-51 
& concurred 

An Act to impower the Inhabitants of New Grantham in the 



3^4 NEW HAMPSHIRE EARLY STATE PAPERS. [ I 79 I 

County of Cheshire to lev}' a tax on all the lands (public lands 
excepted) in s d Town for making & repairing highways therein 
having been read a third time voted that the same be enacted. 

A pet 11 from [the town of] Bartlett was referred to the Com tee 
on County lines — 

A vote for a Com te on the pet 11 of John Banfill was brot up, read 
& concurred M r Sheafe joined 

Adjd till tomorrow morn g 9 °Clock 

THURSDAY Dec 22 1791 

met according to adj mt 
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 s of Lempster, & that 
a bill be bro* in accordingly was bro 1 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 d 
premises to the Town of Lempster & any Inh ts of Lempster own- 
ing land in the premises have the same liberty of polling his land 
to s (1 Town any time within one year & that the Contract w r ith the 
Revd M r Fisher be in no way affected by the s d 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 11 of Joseph Hammond on the first Tues- 
day of the next Session was brot up read and concurred — 



I79 1 ] JOURNAL OF THE SENATE. 385 

A vote for a Com tee on the pet n of John Young was brot up read 
and concurred M r Wallace & M r Foster joined — 

A vote for a Com tee 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 r Sheafe 
and M 1 ' Foster joined 

Adjourned till tomorrow morn g 9 °Clock 

FRIDAY Dec* 23 d 1791 

met according to adj 1 
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 n 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 conc d with this amendment 
that s d Judicial proceed gs be not stayed by order of this Court 

A vote granting the prayer of the pet n of A. 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 M r Foster M r Page & M r Rogers 
joined — 

In Senate Dec r 23 1791 — 

Whereas a Resolve passed the Gen 1 Court June 13 1791 provid- 
ing for the payment of outstanding taxes and the time limited 
therein for the Selectm 11 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 

25 



386 NEW HAMPSHIRE EARLY STATE PAPERS. [ I 79 I 

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 r 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 year 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 conc c 

A vote granting the prayer of the pet 11 of Geo JafFrey Esq & 
others & that a bill be brot in accordingly was brot up read & 
concurred 

a vote granting the prayer of a pet 11 respecting Newmarket 
bridge and that a bill be brot in accordingly was bro 1 up read and 
concurred 

A vote referring the pet 11 of E Trescott to His Exc y & Council 
was brot up read & concurred 



I79 1 ] JOURNAL OF THE SENATE. 387 

A vote on the pet n of Moses Kelley that a resolve be passed 
authorizing the Treas 1 ' to refund s d 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 g 9 °Clock 

SATURDAY Dec 24 th 1791 

met according to adjournment 
Present as yesterday 
A vote accepting the report of a Com ee on the pet n of Joseph 
Kimball that Plainfield have credit for certain Sold rs was brot up 
read & concurred 

An Act to enable Benjamin Brown J r 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 1 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 Society N° one having been read a third time voted that the 
same be enacted. — 

A vote for a Com te on the pet 11 of Philip Hills was brot up read 
and concurred M r Wallace joined — 

A vote for a Com tee on the pet n of Josiah Gilman Esq was brot 
up read & concurred M r Rogers joined 

A vote granting the prayer of the pet n of Greenfield and giving 
leave to bring in a bill accordingly was brot up read and concurred 

A vote for a Com te on the pet n of Joseph Philbrick was brot up 
read and concurred M r Toppan joined 

A vote that Hon John T. Gilman Esq & Hon N Rogers be and 
hereby are appointed a Com tee with full power to settle all Acc os 
due to the State prior to June 1784 & to discharge the same on 



388 NEW HAMPSHIRE EARLY STATE PAPERS. [ I 79 I 

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 r W m Page be added to the afores d Com tee 

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 tee on the Acc° of G [George] Hough was brot 
up read & concurred M r Sheafe and M r Dow joined — 

A vote for a Com te on the pet n of J s Reed was brot up, read & 
concurred M r Wallace & M r Foster joined 

Adjd till to morrow morn 5 9 °Clock 

TUESDAY Dec 27 1791 

met accord 5 to adj* 
Present as yesterday 

Voted that M r Page M r Rogers M r Dow & M r Sheafe with 
such as the hon bl House may join be a Com te to take into consid- 
eration the proposed Resolve for completing the Collection of the 
outstanding taxes & report thereon — 

Sent down for concurrence bro* up conc d 

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 
voted that the same be enacted — 

A vote for a Com tce on the pet 11 of Jn° S Sherburne was brot up 
read & concurred M r Page joined — 

A vote to pay the Acc° 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 tcc on the pet 11 of Samuel Penhallow J 1 
was brot up read & concurred M r Foster joined — 

A vote to postpone the hearing on the pet 11 of the Mas" Propri- 
etors till to morrow was brot up read & concurred 

A vote granting the prayer of the pet' 1 of Sam 1 Sherburne and 
that a bill be bro 1 in accordingly 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. 



I79 1 ] JOURNAL OF THE SENATE. 389 



A vote of yesterday appointing Hon J T. [John Taylor] Gil- 
man & Hon N [Nathaniel] Rogers a Com tee to settle all Acc os 
due to the State prior to June 1784 &c which was conc d with an 
addition that M r Page be added to s (i Com tee [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 
& Nays were required and are as follows 

Yeas. Yeas. Yeas. Yeas. 

M r Waldron M r Foster M r Sheafe & M r Wallace — 6 

M r Barrett Mr Toppan 

Nays. Nays. Nays. 

M r Hale M r Dow & M r Peabody 3 

and so it was concurred 

A vote for a Com tee 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 r Page M r Peabody & M r Dow joined 
Adjourned till to morrow morn g 9 °Clock 

WEDNESDAY Dec 28 1791 

met according to adjournment 
Present as yesterday — 

A vote to hear the pet n of Benj Archer on the Second Thurs- 
day of the next Session was sent down for concurrence — brot up 
con d 

* An Act to vest the exclusive priviledge of keeping a * 4-58 
ferry over a certain part of Connecticut River in Eben r 
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 11 of Philip Hills on the second Friday of 
the next Session was brot up read and concurred 



39° NEW HAMPSHIRE EARLY STATE PAPERS. [ I 79 I 

A vote to accept the report of a Com te on the pet 11 of S. Silby 
[Silsby] was brot up read & concurred 

A vote for a Com tee to consider of the pet" of Dorchester was 
brot up read & concurred M 1 ' Page joined 

A vote for a Com tee on the pet 11 of D Watson was brot up read & 
concurred M r Sheafe j d 

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 a 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 th 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 yesterday 

A vote for a Com te to consider of the pet n of the Mason 11 Pro- 
prietors &c was brot up read & conc a M r Peabody M r Rogers M r 
Barrett M r Toppan & M 1 ' Dow joined — 

A vote appointing Thursday the 5 th 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 th day of June Anno 
Domini 1791 having been read a third time voted that the same be 
enacted. — 

Voted that M 1 ' Foster & M r Sheafe with such of the Honorable 
House as they may join be a Com tee 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 Corns 111 ' 8 on 
Continental Accounts — 

Sent down for concurrence brot up conc (l & joined — 



I79l] JOURNAL OF THE SENATE. 391 

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 tee to consider of a Resolve making two districts 
for Representation from Bath &c was brot up read and concurred 
M r Dow joined — 

adj d till 9 °Clock 

FRIDAY Dec 30 1791 

met according to adjournment 
Present as yesterday 

A vote to hear the petn s from Cockermouth & Plymouth on the 
second Wednesday of the next Ses 11 was brot up read & concurred 

A vote remitting certain sums in fav 1 ' of New Castle was brot up 
read & concurred 

A Resolve lengthening the time for Selectmen to make Returns 
to the Treas r to 1 March next was brot up read & concurred 

An Act in addition to an Act entitled 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 y 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 & conc d 

A vote granting the prayer of the pet n of Sam 1 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 tee on the pet 11 of John 
Trott who prayed to have certain Wages p d him was brot up read 
and concurred 

* A Resolve that the several Clerks of the Courts of law * 4-61 
admit the Com tee 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 Excellency the President have & receive £200 



39 2 NEW HAMPSHIRE EARLY STATE PAPERS. [ I 79 I 

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 d Court £130 each as a Salary from June 
1 791 to June 1792 the fees they 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 1 ' receive £240 in full of all his Services, responsi- 
bility, Office hire stationary & all other charges — The Attorney 
Gen 1 £60 — The Sec v £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 acc d to adf 
Present as yesterday — 
A vote granting the prayer of the pet" of Jn° S. [Samuel] 
Sherburne & that the Treas r 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 CL ' brot up concur d 

A vote to hear the pet 11 of Sarah Gray on the Second Thursday 
of the next Session was brot up read & concurred 

A vote that the Gen 1 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 1 Silsby to review an Action brot agains 
him by Ebenezer Corbin late of Acworth now of Charlestown 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 11 
Pleas in the County of Rockingham to the last Tuesday 
of Feb next and the I. C. [Inferior] Court of Com 11 Pleas in the 
County of Strafford to the second Tuesday of March next, was 
brot up, read & concurred 

A vote granting the prayer of the pet m 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 Monday next 10 °Ck A M 



1792] JOURNAL OF THE SENATE. 393 

MONDAY Jan y 2, 1792 

met according to adj* 
Present as yesterday 

A vote that Dudley Watson be allowed to pay into the Treas y 
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 te to bring in a bill for correcting the 
errors in certain Acts was brought up read and so far concurred 
as that M r Page and M r Dow be joined to the above Com te 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 d County & That Tho s 
Bartlett Tho s Cogswell & Lemuel Holmes Esq rs be a Com tee 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 1 up read & conc d 

* A vote for a Com te to consider of the pet n of Silas Bet- ^4-63 
ton was brot up read & concurred M r Wallace joined 

A vote the M r Peabody M r Toppan and M r Waldron with 
Such of the Hon House as they may join be a Com te 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 Doct rs Sam 1 Tenney & Wil- 
liam Parker for examination who are continued inspectors of 
Invalids &c was brot up read & concurred. 

A Resolve that Samuel Penhallow Jun r be and hereby is exon- 
erated from the penalties of a certain bond signed by him and 
one John M c Adams was brot up read & concurred 

A vote that the Council receive 9s ^ day in the recess of the 
Gen 1 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. [ I 79 2 

the wages of the Rep s be added to the State tax of the several 
Towns &c was bro 1 up read & concur 11 

A vote for a Com tee on settling unlocated lands was brot up, 
read & Nonconcurred 

adjd till tomorrow morning 9 °Ck 

TUESDAY Jan y 3 d 1792 

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 acc° of Hon John Calfe Esq amounting to 
£9..i5..o was bro* up read & concurred 

A vote to pay the Acc° of ML Neal amounting to 15s was brot 
up, read & concurred 

A vote for a Com tce to report what further measures may be 
necessary to compleat the revision & impression of the laws — was 
brot up read & concurred M r Rogers & M 1 Page joined 

A vote that the Treas 1 " 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 Acc° of N Rogers & N Gilman amount* to 
<£io..i8..o was brot up read & cone* 1 

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 y 4 d 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 



I79 2 ] 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 1 ' be & is empowered to pay Gen 1 Reid 
£41.10.9 in specie — the Interest due on a Registered Certificate 
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 11 Prop trs pay into the Treas y N H State 
Notes so much with what State Notes they have already paid 
upon s d bond as will amount to 6333I Dollars & that they have 
liberty to discharge the balance both Interest & principal y l will 
then remain due on s d bond by paying 7s in specie in lieu of and 
in full for cash 20s of the nominal sum of s d balance was read — 
on motion to concur s d vote the yeas & Nays were required & as 
follows — 

Yeas. Yeas. Yeas. Yeas. 

M r Rogers M r Hale M r Foster M r Dow & 

M r Sheafe M r Waldron M r Barrett M r Peabody 
M r Toppan 

Nays. Nays. 

M r Wallace & M r Page 

[Yeas 9 — Nays 2.] & so it was concurred. 

* A vote to hear the pet 11 of Benf Ham of Portsm on * 4-66 
the first Tuesday of the next Session was bro* up read & 
concurred with this amendm* that s d Twombly have personal notice 
three weeks prior to the sitting of the Court by having a copy of 
the pet n & order of Court left with him — And if s d Twombly is 
not in the State so as to have y e benefit of the above notice then s d 
hearing to be postponed to the next Session of y e Court after he 
shall have received s d 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 th 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 1 ' 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- 



39^ NEW HAMPSHIRE EARLY STATE PAPERS. [!79 2 

funded and to give proper discharges therefor was Sent down for 
concurrence brot up concurred 

A vote that the Treas r be directed to receive from the Town of 
Westmoreland an order in favor of s d 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 tee of Convention be 
allowed the same travel & Attendance on the duties of their ap- 
ptm 1 as the members of the Council are allowed in the recess of 
the Gen 1 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 y 5 — 1792 — 

met according to Adjt 
Present as yesterday — 

A Resolve requesting the Treas r 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 d papers to be left in the post Office 
putting them up in convenient packages & addressing them to the 
board of Corns"" 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 teo to converse with & receive proposals from 
the Printers relative to printing the new edition of the laws was 
bro 1 up read & concurred with this amendm* that the Com te have 
full power to agree with the Printer M r Dow & M r Rogers joind 

A vote that the Rev d 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 



I792] JOURNAL OF THE SENATE. 397 

be requested to inform him thereof that he may seasonably prepare 
therefor 

Sent down for concurrence bro* up Nonconc d 

A Resolve enrolling several persons as Invalids and that His 
Exc y be requested to forward the list of pensioners together with 
this resolve to the Senators & Rep s of this State to congress was 
brot up read & concurred — 

A vote to pay Geo. Hough £8..8..o in full of his Acc° 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 rs 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 1 Warner & Co. Collectors of Excise be abated 
on their Excise bonds for the years following Oct 1788 the sum 
of £110 & that no further abatement shall hereafter be made was 
bro 1 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 
M r Adams shall retain in his hands one set of corrected sheets of 



39$ NEW HAMPSHIRE EARLY STATE PAPERS. [*79* 

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 r 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 r 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 y 6 th 1792 

Met according to adjournment 
Present as yesterday 

A vote that the Rev d Doct r Haven the Rev d Buckminster the 
Rev d M r Ogden & the Rev d M r Walton receive out of the Treas- V 
30s each as Chaplains to the General Court was brot up read & 
coned 

A vote that the Treas r be desired to attend at Concord in Feb 7 
was brot up read & coned 

A vote on the pet" of J S. Sherburne that the Treas r be directed 
to receive the order therein mentioned in paym 1 of any outstanding 
taxes was brot up read & concurred — 

A vote that M r Morrison be appt d to preach the Election Sermon 
was brot up read & concurred 

An Act to enable Sam 1 Sherburne & John Sherburne of 
Portsm Esq rs to review in a certain Action — On the Question, 
shall it be enacted, the yeas & nays were required & as follows 

Yeas. Yeas. 

M r Peabody & M r Rogers — 6 

Nays. Nays. 

Mr Hale & MrPase — 5 



Yeas. 


Yeas. 


M r Wallace 


Mr Foster 


M r Barrett 


M r Dow 


Nays. 


Nays. 


M r Waldron 


Mr Sheafe 


M r Toppan 




And so 


it was enacted. 



I79 2 ] JOURNAL OF THE SENATE. 399 

A Resolve that His Exc y be requested to write to the executive 
of Com n wealth of Massachusetts upon the subject of allowing 
pot & pearl Ashes manufactured in this State & inspected & 
branded for importation to be exported from Com nw of Massachu- 
setts without further inspection was read & concurred 

A vote to pay Geo J [Jerry] Osborne £7.-10 — in full of his 
acc° for printing was bro 1 up read & concurred 

A vote to accept the report of a Com te on print g a new edition 
of the laws was bro 1 up read & concurred 

* A vote that John Melcher receive £60 to be by him *4~ 71 
accounted for in printing was brot up read & concurred 

A vote for a Com tee on a Letter from M r Smith at Congress was 
brot up read & Nonconcurred 

A vote that the Treas r be directed to loan on Interest of 6 ^ C. 
for any time not exceeding twelve months £4000 of the money 
now in the Treasury 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 & conc d 

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 voted that the same be enacted 

A vote to pay the Acc° of Geo. Gains Esq am otg to £n..i4..o 
for wood &ca was brot up read and concurred 

A vote to allow the acc° of Ed d S. Livermore amo tg to £2..i4..o 
for draughting bills was brot up read and concurred 

A vote to pay the Acc° of N. Akerman amo tg to £10.14 as 
Door keeper was brot up read & concurred 

A vote to pay Capt Salter the Order mentioned in his Mem 1 & 
Int. due thereon after deducting £80 out of the aggregate am of 
s d 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 1 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, Sedry.~\ 



JOURNAL 



House of Representatives 



CONTAINING THE PROCEEDINGS 



FROM NOVEMBER 30, 1791, TO JANUARY 6, 1792, 



i: A JOURNAL •14-248 



Proceedings of the Honb l House of Representatives for 
said State at their Session begun and holden at Ports- 
mouth on Wednesday the thirtieth day of November 
A D. 1 791 and in the Sixteenth year of the Independ- 
ance of America — 



WEDNESDAY Nov* 3o st 1791. 

Several Members met but there not being a quorum — agreed 
to adjourn to 9 oClock to morrow morning — 

THURSDAY Dec* i st 1791 

Met according to adjournment and there being a quorum present 
notice was given to his Excellency the President and the Honb 1 
Senate that the House were met and ready to proceed to busi- 
ness — 

A message from the Honb 1 Senate gave information that a 
quorum of the Senate were present and ready to proceed to 
business — 

Voted that the Revr d Doct 1 ' Haven the Revr d M r Buckminster 
and the Revr d M r Ogden be requested to attend and Officiate as 
Chaplains to the General Court the present Session that the Revr d 
Doct r Haven attend the present week the Revr d M r Buckminster 
the next week and the Revr d M 1 * Ogden the week following and 
so alternately during the Session in this town — 

The Secretary came down from the Honb 1 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 



4O4 NEW HAMPSHIRE EARLY STATE PAPERS. [ I 79 I 

mind the many important Scenes through which we have been 
conducted in the course of a few 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 by 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 sherriff in 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 affairs of the state are now circum-j 
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 



I791] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 4O5 

your attention I shall not fail to communicate to you during the 

Session and shall chearfully co-operate with you in every measure 

that will tend to the prosperity of our common country 

Council Chamber in Portsmouth T • r -d a1 .. 

AT , tll _ osiah .Bartlett 

November 30 th 1791 — J 

Voted that M r Plummer, M r Payne & M r Freeman with such 
of the Honb 1 Senate as they may join be a Committee to take un- 
der consideration his Excellencys message this day received and 
report an answer thereto — 

Voted that M r Badger, M r Freeman & M r Hoit with such of 
the Honb 1 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 r E Smith, M r Payne, M r Plummer, M r Freeman 
& M r Barrett with such of the Honb 1 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 r Freeman M r Badger & M r Gould with such of 
the Honb 1 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 r Pierce, M r Gains & M 1 Plummer be a Committee 
to wait on the Honb 1 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 M r How, M r Gains, & M r N Hoit with such of the 
Honb 1 Senate as they may join be a Committee to consider of the 
Petition of Abigail Fugard and report thereon — 

* Voted that M r Holmes, M r Waldron M r Sherburne * 14-251 
[Shepherd] M r N Hoit and M r Badger with such of the 
Honb 1 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. [ I 79 I 

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 1 ' 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 r Bettan, M r Leavitt and M r White with such of the 
Honb 1 Senate as they may join be a Committee to consider of the 
Account of Jonathan M Sewall Esq and report thereon — 

Voted that M r Cilley M r Holmes and M r Badger with such of 
the Honb 1 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 1 ' Parker, M r Penniman & M r Pierce with such of 
the Honb 1 Senate as they may join be a Committee to consider 
of the Petition of John Young Esq 1 ' and report thereon — 

Voted that M r Parker M 1 ' J Duncan, M r Pierce, M r Bettan and 
M 1 ' Dodge with such of the Honb 1 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 r 2 d 1791 — 

The House met according to adjournment 

Voted that M r Gains, M r Warner M r J Duncan M r Flanders 

and M r E Smith with such of the Honb 1 Senate as they 

* 14-252 *may join be a Committee to take under consideration 

a letter from Robert Means Esq 1 ' to his Excellency the 

President containing his resignation as a Senator and report their 

Opinion of the propriety of filling up said vacancy — 

Voted that M r Pierce M r N Hoit, M 1 ' Warner M r Holmes and 
M r Badger with such of the Honb 1 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 M r Eastman, M r Badger M 1 ' [J] Duncan M r Whit- 
comb & M r How with such of the Honb 1 Senate as they may join 



I79 1 ] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 4O7 

be a Committee to consider of the Petition of Eliphalet Ladd and 
report thereon — 

Voted that M r Gains M r N Hoit & M r Allen with such of the 
Honb 1 Senate as they may join be a Committee to consider of the 
Account of Henry Ranlett and of all printers accounts that may be 
presented the present Session and report thereon — 

Voted that M r E Smith M r Payne, M r N Hoit M r Bettan and 
M r How with such of the Honb 1 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 r W m Duncan M r Gains, M r Badger N Hoit M r 
Warner, M r Flanders, M r Whitcomb, M r Allen M r Gould and M r 
Payne with such of the Honb 1 Senate as they may join be a Com- 
mittee to consider of that part of the report on necessary business 
which respects post riders, describing their respective routs &c — 
and report thereon — 

Voted that M r Connor, M r Freeman M r N Hoit M r J Duncan 
and M r Penniman with such of the Honb 1 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 — 

Voted that M r Payne, M r Young & M r E Smith with such of 
the Honb 1 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 r Connor M r Cilley M r Waldron M r Badger M r 
Barrett M r [J] Duncan, M r Alexander, M r Holmes M r Young and 
M 1 ' Freeman with such of the Honb 1 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 1 * reported 
that the prayer 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 M r N Hoit, M r E Smith & M r Whitcomb with such 



408 NEW HAMPSHIRE EARLY STATE PAPERS. [ I 79 I 

of the Honb 1 Senate as they may join be a Committee to consider 
of the Petition of Joseph Taylor and report thereon 

[ Voted that M r Freeman M r Connor M r Parker M r Warner and 
M 1 ' Penniman with such of the Honb 1 Senate as they may join be 
a Committee to consider of the Petition of Joseph Taylor and 
report thereon — ] 

Voted that M r Freeman, M r Connor, M r Parker M r Warner & 
M l Penniman with such of the Honb 1 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* 3 d 1791 — 

The House met according to adjournment 
Upon reading and considering the Petition of John Pierce the 
3 d of Portsmouth voted that the prayer thereof be granted and that 

he have leave to bring in a Bill accordingly — 
* 14-254 * Voted that M r Warner M r Young & M r E Smith with 
such of the Honb 1 Senate as they may join be a Com- 
mittee to consider of a Resolve passed 16 th of June last respecting 
Invalids and report what alterations are necessary — 

Voted that M r Whitcomb & M r Young be added to the Com- 
mittee on the Act for regulating fishing in Connecticut river 
Adjourned to Monday next at 3 o'Clock P. M — 

MONDAY Dec r 5 th 1791 

The House met according to adjournment 
Voted that M 1 N Hoit M r Gains, M r J Duncan M r Warner & M r 
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 r Payne, M r Allen, M r Plummer, M 1 Young and 
M 1 Bedee with such of the Honb 1 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 
respond in Damages in case of the reversal of a Judgment in an 
Action of Review — 



I79 1 ] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 



4°9 



Voted that M r E Smith M r Pierce, M r Connor with such of the 
Honb 1 Senate as they may join be a Committee to consider of the 
Petition of Nathanael Gilman Esq 1 ' 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. * 14- 


M r Pierce 


M r Harper 


M r Warner 


M r Gould 


M r Connor 


M r Badger 


M r J Duncan 


M r Crawford 


Mr Wiggin 


M r E Smith 


M r Wallace 


Mr E Hoyt 


M r Plummer 


M r Bedee 


Mr Gale 


M r Freeman 


M r J Clark 


M r N Hoit 


M r Gerrish 


M r Payne 


M r Duncan 


Mr Tasker 


M r Temple 


Mr Norris 


M r Knox 


M r M c Millan 


M r Holmes 


M r Tarlton 


M r Bettan 


M r Martin 


M r S Duncan 


M 1 * Young 


M 1 ' Waldron 








Nays. 


Nays. 


Nays. 


Nays. 


Mr B Page 


Mr Glidden 


M r Shepherd 


Mr Allen 


M r Dodge 


Mr N Emerson 


M r Stiles 


M r Bingham 


Mr Clifford 


M r Godfrey 


M r Whitcomb 


M r Penniman 


M r Currier 


M r T Page 


M r Parker 


M r Griffin 


M r Eastman 


M r Jo s Smith 


M r Alexander 


M r Stone 


Mr Jab z Smith 


Mr Barrett 


Mr Rand 


Mr Kimball 


Mr Tibbets 


Mr P Clark 







33 Yeas — 26 Nays — so it was accepted — and a Resolve to be 
brought in accordingly — 

Voted that M 1 Holmes, M r Clifford, M r N Hoit, M r W m Duncan 
& M r Pierce with such as the Honb 1 Senate may join be a Com- 
mittee to consider of the Petition of Maj 1 ' W m Duncan and others 
and report thereon — 

Adjourned to 9 o'Clock to morrow morning 

TUESDAY Dec* 6 th 1791. 

The House met according to adjournment 
Voted that M r J Duncan M r Young & M r Stiles with such of 
the Honb 1 Senate as they may join be a Committee to consider of 
the Petition of Benjamin Brown and report thereon 



4-IO NEW HAMPSHIRE EARLY STATE PAPERS. [ I 79 I 

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 they report thereon — 

Upon reading and considering the Petition of Moses Blake 
praying for the priviledge of a ferry 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 may not be 
granted — 

Voted that M r Wallace M r Parker & M r T Page with such of 
the Honb 1 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 accompany- 
ing said account and report thereon — 

Voted that M r Bettan M r Macgregore and M r Parker M 1 Pen- 
niman & M r McMillan with such of the Honb 1 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 1 Robert 
Means Esq 1 " be filled up as soon as may be agreably 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 1 " voted that the prayer thereof be 
granted and that the Petitioner have leave to Bring in a Bill ac- 
cordingly — 

Voted that M r Macgregore M r Bedee & M r Eastman with such 



I79l] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 4II 

of the Honb 1 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 addition to an Act passed the 18 th [8 th ] 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 hereby 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 



412 



NEW HAMPSHIRE EARLY STATE PAPERS. 



[1791 



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 
carrying 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 &c 
which shall pass through the respective offices — said Post riders 
to be nominated and appointed by the President and Council 
notice 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 they 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 — 



* 14-259 *Yeas. 
M r Pierce 
M r Connor 
M r Macgregore 
Mr Weeks 
M r Dodge 
M r Clifford 
M r Plummer 
M* alley 
1M'-J Clark 
M r W Duncan 



Yeas. 
M r Knox 
M v Bettan 
M* Waldron 
M r Harper 
M 1 ' Badger 
M r E Smith 
M* Bedee 
M r N Hoit 
M r Tasker 



Yeas. 
M* Martin 
M 1 ' Warner 
M 1 ' J Duncan 
Mi' Wallace 
M' 1 Gale 
M 1 ' Flanders 
M r Temple 
M 1 ' Bingham 
M r Holmes 



Yeas. 
M r S Duncan 
Mr Gould 
M r Crawford 
M r Freeman 
M r Payne 
M r Norris 
M r Hutchens 
M r Tarlton 
M 1 ' Youn»- 



I79l] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 413 



Nays. 


Nays. 


Nays. 


Nays. 


M r Leavitt 


M r N Emerson 


Mr P Clark 


Mr Rand 


M r Wiggin 


M r Godfrey 


Mr Darling 


Mr Allen 


M r Currier 


M r T Page 


M r Gerrish 


M 1 * Penniman 


M 1 * Eastman 


M r J o s Smith 


M r Shepherd 


Mr Griffin 


M r Jab z Smith 


M r Tash 


M r Stiles 


M r Stone 


Mr Tibbetts 


M r Chamberlain 


M r Whitcomb 


M r Kimball 


Mr Glidden 


M r M c Millan 


Mr Parker 


Mr Cargill 


M r Jon a Smith 


M r Barrett 


Mr Alexander 





37 Yeas — 31 Nays — so it passed in the affirmative 

The Honb 1 Senate and House being met in the Assembly 
Chamber for the purpose of filling up the vacancy occasioned by 
the resignation of the Honb 1 Robert Means Esq 1 ' proceeded to fill 
up said vacancy and the ballots being taken the Honb 1 Charles 
Barrett Esq 1 ' was unanimously chosen and the Honb 1 Senate with- 
drew — 

Agreably to the order of the day proceeded to a hearing on the 
Petition of John Bryant Esq 1 " and upon hearing and considering 
said Petition voted that the prayer thereof be granted and that the 
Petitioner have leave to bring in a Bill accordingly — 

An Act granting 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 Accounts 

between this state and the Treasurer thereof reported as follows — 

State of New ) -^ , T , ^ th _ 

xt ,. > Exeter July 16 th 1701 — 

Hampshire 5 

Pursuant to a vote of the Honb 1 General Court passed at Con- 
cord the 7 th 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 from 
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 certificates issued by him Dated 
July 31 st 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 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. [ I 79 I 

Also an Account of Certificates issued dated July 31 st 1790 for 
Interest and part of the principal of state notes numbred from 1 
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 
— Bounty notes Twenty four pounds seventeen shillings and 
seven pence — Consolidated notes Dated July 3i bt 1782 and July 
3i bt 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 — for 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 1 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 for nine pounds — 

The Treasurers Accounts for expences amounting to Twenty 
pounds — Outstanding on state Specie Taxes (as ^ r list) Thirteen 
Thousand seven hundred and forty pounds three shillings and two 



I79l] 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 penny in Specie exclusive 
of Interest — There appears to be due on Rolls for Travel and 
attendance of the Honb 1 Council Senate and House of Represent- 
atives five hundred and Seventy nine pounds nineteen shillings 
and three pence three farthings — 

*To the Honb 1 Thomas Westbrook Waldron Esq 1 ' 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 ^ r 
Abstract — We have also received an Account for Continental 
Interest Indents Amounting 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 s 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 ^ r Abstract 
— Amounting to twenty 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 
^ r 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 by Nathanael Gilman 
Eighty seven pounds fifteen shillings — and Seventeen 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 



416 NEW HAMPSHIRE EARLY STATE PAPERS. [ I 79 I 

accounted for as follows (viz) Outstanding (as ^ r 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 (^ r 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 ^ r 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 cSr thirty four thousand 
seven hundred and twenty Dollars & two thirds of a Dollar — 
Also of final settlement notes Amounting to Thirtv three Thou- 
sand one hundred and forty eight dollars and Sixty three nine- 
tieths which have been paid to the Committee appointed to fund 
public Securities as ^ r 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 



I79 1 ] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 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 st 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 1100 in- 
clusive and countersigned by Joseph Pearson and Ephraim Rob- 
inson — Sundry papers relative to the settlement of Joseph Whip- 
ple's Account — Sundry bonds given by John Sullivan Esq r 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 ^ r his receipt given us dated March 29 th 
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, Also 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 Gilman Esq 1 " 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 1 Court — 

Nath 11 Rogers > 

xt 4.U11 o-i ? Committee 

Nath 11 Gilman $ 

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 

27 



4 J 8 NEW HAMPSHIRE EARLY STATE PAPERS. [ I 79 I 

WEDNESDAY Dec* 7 th 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 < <j9 r Acre be 
laid on all the lands in said Washington except that part of said 
Town owned by Reuben Kidder Esq 1 ' 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 years next follow- 
ing the Assessments — the Select men for the time being to assess 
the Same and that Thomas Penniman Esq 1 ' 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 effect 

Upon reading and considering the Petition of Benjamin Brown 
and the Report of a Committee thereon voted that the Petitioner 
be heard thereon before the General Court on friday the 16 th dav 
of Dec 1 " instant and that the Petitioner cause that Jesse Prescutt 
of Deerfield and John Prentice Esq 1 ' 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 they 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 accordingly which report being read and 
considered voted that it be received and accepted — 

Voted that Tarn worth 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 r Pierce M r Whitcomb M r Penniman M r Godfrey 
& M 1 ' N Hoit with such of the Honb 1 Senate as they may join be 
a Committee to consider of the Memorial of Maj r Bradbury Cilley 
and report thereon 

Voted that M r Pierce M r Macgregore M r N Hoit M 1 ' E Smith 
& M 1 ' W m Duncan with such of the Honb 1 Senate as thev may join 



I79 1 ] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 



419 



be a Committee to consider of the Memorial and Petition of Jon- 
athan Freeman Esq 1 ' in behalf of the Trustees of Dartmouth Col- 
lege & report thereon — 

Voted that M r Gains M r Bedee & M r Shepherd with such of 
the Honb 1 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 may not be 
granted also voted that M r Ephraim Robinson of Exeter Joseph 
Badger Jun 1 ' Esq 1 ' of Gilmantown and Charles Barrett Esq 1 ' 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 nays and were as follows 
(viz) 



Yeas. 



Yeas. 



Yeas. 



Yeas. 



M r Gains 


Mr Cilley 


M r Waldron 


M r Flanders 


M r Pierce 


Mr March 


Mr Harper 


M 1 ' Shepherd 


M r Connor 


Mr J Clark 


M r Badger 


M r Stiles 


M 1 ' Macgregore 


Mr Tibbets 


Mr E Smith 


M 1 ' Whitcomb 


M r B Page 


Mr Glidden 


Mr Bedee 


M 1 ' Alexander 


Mr Weeks 


M r Jon* Smith 


Mr N Hoit 


M r Rand 


M r Dodge 


M 1 ' Knox 


Mr Tash 


Mr Allen 


M r Wiggin 


M 1- N Emerson 


Mr McMillan 


M 1 " Bingham 


Mr Clifford 


M r Godfrey 


M r Martin 


M 1 ' Holmes 


M^ Currier 


M 1 ' T Page 


M r Warner 


M r Penniman 


M r Eastman 


M r J o s Smith 


M r Abbott 


Mr Griffin 


Mr Jab z Smith 


Mr Bettan 


M 1 ' J Duncan 


M r Stone 


M r Plummer 


Mr Kellie 


M 1 ' Gerrish 


Mr Kimball 



420 NEW HAMPSHIRE EARLY STATE PAPERS. [ I 79 I 

Yeas. Yeas. Yeas. Yeas. 

M r Gould M 1 * Freeman M r Norris M r Young 

M T Crawford M r Pavne M* Hutchens M r Cargill 
Mr E Hoit 

Nays. Nays. Nays. Nays. 

Mr \V>" Duncan M'' P Clark M* Temple M r Tarlton 

62 [61] Yeas — 4 nays — 

Upon hearing and considering- the Petition of Conway Shel- 
burne &c voted that M r N Hoit M r E Smith & M r Payne with such 
of the Honb 1 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 day 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 day of hearing — ] 
* 14-268 * Upon hearing and considering the Petition of the 
Select men of Cockermouth voted that the Petitioners 
have leave to raise a Tax of one penny ^ r 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 accordingly — 

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 the Petition of the Select men of 
Ossippee which was 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 

THURSDAY Dec* 8 th 1791. 

The House met according to adjournment 
The vote respecting taxing the lands in Cockermouth at one 
penny ^ r Acre for two years came down from the Honb 1 Senate 
for the following amendment " that instead of one penny for two 
years there be liberty to raise a tax of two pence ^ r Acre for two 
years [one year] upon all lands in said Town except public lots 
or rights and except the undivided lands and that two years be 



I79 1 ] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 421 



allowed for compleating payment which amendment was read and 
concurred — 

Voted that M r Parker M r Flanders, M r Eastman M r N Hoit 
and M r Harper with such of the Honb 1 Senate as they may join 
be a Committee to consider of an alteration proposed by the Honb 1 
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 — 

Voted that M r Plummer, M r Payne, M r Freeman M r Young and 
M r Badger with such of the Honb 1 Senate as they may join be a 
Committee to consider of the Petition of Samuel Sherburne Esq 1 " 
and report thereon — 

Voted that M r Gains M r Badger, M r Warner, M r Leavitt and 
M 1 ' Bettan with such of the Honb 1 Senate as they may join be a 
Committee to consider of the Petition from the Parish of Deer- 
field and report thereon — 

Voted that M r B Page, M r Kimball & M r Holmes [Howe] with 
such of the Honb 1 Senate as they 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 Secretary of said state was read a 
third time and motion was made that it pass to be Enacted — On 
which motion the yeas & nays were called and are as follows (viz) 



Yeas. 


Yeas. 


Yeas. 


Yeas. 


M r Pierce 


M r N Emerson 


Mr McMillan 


M r Penniman 


Mr B Page 


Mr Jo s Smith 


Mr Martin 


Mr Kimball 


M r Leavitt 


M r Bettan 


M r Warner 


M r Duncan 


Mr Wiggin 


M r How 


Mr P. Clark 


M r Crawford 


Mr Clifford 


M r Harper 


M r J Duncan 


M r Freeman 


M r Plummer 


M r Badger 


Mr Stiles 


M r Payne 


M r March 


Mr N Hoit 


M r Parker 


M 1 ' Tarlton 


Mr Tibbets 


Mr Tasker 


M r Temple 


Mr Cargill 


M r Knox 


M r Tash 


M r Bingham 





422 



NEW HAMPSHIRE EARLY STATE PAPERS. 



[1791 



Nays. 
M r Gains 
M r Connor 
M r Weeks 
M r Dodge 
M 1 ' Currier 
M r Eastman 
M>- Jab z Smith 
Mr Clark 



Nays. 
M* Glidden 
M r Jon a Smith 
M r Godfrey 
Mr T Page 
M* Kellie 
Mr Waldron 
M r Chamberlain 
Mr Abbott 



Nays. 
Mr Wallace 
M r Darling 
Mr Gale 
M r Gerrish 
M r Flanders 
M r Shepherd 
M r Whitcomb 
M r Alexander 



Nays. 
Mr Rand 
Mr Allen 
Mr Holmes 
Mr Stone 
Mr Gould 
Mr E Hoyt 
M 1 ' Norris 
M r Hutchens 



* 14-270 * 35 Yeas — 32 Nays, so it passed to be Enacted — 

Voted that M r J Clark, M r Pierce and M r M c Millan 
with such of the Honb 1 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 

Voted that M r Cilley M r Rand and M 1 ' Stiles with such of the 
Honb 1 Senate as they may join be a Committee to consider of the 
Petition of John Trott and report thereon 

Voted that M r Connor, M r Parker M r Holmes M r W m Duncan 
and M 1 ' Pierce with such of the Honb 1 Senate as they may join 
be a Committee to consider of a letter from James Macgregore 
Esq 1 ' to his Excellency the President and the papers accompany- 
ing the Same and report thereon — 

Voted that M r Pierce, M r Whitcomb & M r Leavitt with such 
of the Honb 1 Senate as they 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 1 Weare's 
Company and report thereon — 

Upon reading and considering the Petition of Jonathan Warner 
Esq 1 ' 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 1 ' 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 — 

Voted that M 1 ' Flanders M 1 ' Waldron & M 1 ' Wiggin with such of 
the Honb 1 Senate as they may join be a Committee to consider of 
the Petition of Col William Gregg and report thereon — 

The Committee on the Conway and Shelburne Petitions re- 
ported that a Committee be appointed [by 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 the General Court *at 

their next Session and that any further proceedings 



I79 1 ] 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 
voted that it be received and accepted — 

Voted that M r J Duncan M 1 ' Badger & M r 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 Conway to Shelburne and report a plan of the same to the 
General Court at their next session — 

The Committee on the Petition of Nathanael Gilman reported 
that the prayer of said Petition 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 and accepted — 
Adjourned to 3 o'Clock P. M — 
Met accordingly 

[Agreeably 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 — 

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 take notice and 
govern themselves accordingly — 

Adjourned to 9 o'Clock to morrow morning 

FRIDAY Dec r 9 th 1791. 

The House met according to adjournment 
Voted that M r B Page, M r Payne & M 1 ' Bettan with such of the 
Honb 1 Senate as they may join be a Committee to consider of the 
Petition of Jonathan Tinney [Tenney] and report thereon 

Voted that Nathan Hoit Ebenezer Smith and Joseph Badger 
Jun 1 ' 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 r Cilley M r Connor & M r Allen with * 14-272 
such of the Honb 1 Senate as they may join be a Com- 



424 NEW HAMPSHIRE EARLY STATE PAPERS. [ I 79 I 

mittee to consider of the Petition of Thomas Tash Esq 1 " and report 
thereon — 

Voted that M r Payne M r D Emerson & M r Freeman with such 
of the Honb 1 Senate as they may join be a Committee to consider 
of the Petition of Susanna Dodge and report thereon — 

Voted that M r Cilley M r Whitcomb & M r Allen with such of 
the Honb 1 Senate as they may join be a Committee to consider of 
the Account of John Morse & report thereon 

Voted that M r [J] Duncan M r Godfrey, M r Whitcomb M 1 
Rand and M r Connor with such of the Honb 1 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 r E Smith M r N Hoit, M r Parker M r Freeman and 
M r Hutchens with such of the Honb 1 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 — 

Voted that M r Macgregore, M r Warner & M r Glidden with such 
of the Honb 1 Senate as they may join be a Committee to consider 
of the Petition of Experience Triskett and the papers accompany- 
ing the Same and report thereon — 

Voted that M r Freeman, M r Simpson M r Payne M r Whitcomb 
and M r J Duncan with such of the Honb 1 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 liberty 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 — 

Voted that M r Connor M r Gains M r Badger M r N Hoit Mf 
Warner, M r Flanders, M r Holmes, M r Parker, M r Simpson and 



I79 1 ] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 425 

M r Crawford with such of the Honb 1 Senate as they may join be 
a Committee to consider whether any 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 voted that it be received 

and accepted and that the President give order accordingly — 

Adjourned to 3 o'Clock P. M. 

Met accordingly — 

Voted that M r Parker M r J Duncan & M r E Smith with such of 
the Honb 1 Senate as they may join be a Committee to wait on the 
Honb 1 Nath 11 Peabody Esq 1 ' 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 — 

Voted that M r Freeman, M r Parker & M r Warner with Such of 
the Honb 1 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 &c being a District for Rep- 
resentation also that Tamworth &c be a district came down from 
the Honb 1 Senate for the following amendment that the Locations 
(viz) Blairs, Caldwells, M c Neils & Martins be added to Tamworth 
Eaton and Burton — which amendment w r as 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 Thursday 
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 r Payne M r E Smith M r Simpson M r Warner 
[Wallace] & M 1 ' Young with such of the Honb 1 Senate as they 
may join be a Committee to consider of the Petition of Bazaleel 
Woodward Esq r Treasurer for the County of Grafton & report 
thereon — 

Upon reading and considering the Petition of Mary 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. [ I 79 I 

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 1 Sanford Kingsbury 
Esq 1 ' 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 1 ' for his attention to said business — 

Voted that the Account of Sanford Kingsbury Esq 1 ' 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 — 

Adjourned to 9 o'Clock tomorrow morning 

SATURDAY Dec* 10 th 1791 — 

The House met according to adjournment 
* 14-275 * The following vote came down from the Honb 1 Sen- 
ate for 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 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 Secretary has been ordered to advertise the unlocated 
lands in said State for sale and as sundry offers have been made 
therefor and as it is highly probable that the offer would be 
greatly increased if any method was adopted for the granting of 
said lands — Therefore voted that M 1 ' Sheafe & M r Peabody be a 
Committee with such as the Honb 1 House may join to take into 
consideration the above said matters and report thereon — which 
vote was read and concurred and M 1 ' Connor M 1 ' E Hoyt M 1 ' J 
Duncan M 1 ' Penniman and M 1 ' 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 sherriff 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 



1 79*] 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 r Pierce M r N Hoit M r Darling M r Parker and M r 
Young with such of the Honb 1 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 1 Council in the Recess and to the 
Honb 1 Senate and House of Representatives and their Officers for 
travel and attendance the present Session and report thereon — 

Voted that M r Pierce, M r Connor, M r Parker, M r Emerson and 
M r 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 lev}' 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 r How, M r E Smith & M r Whitcomb with such of 
the Honb 1 Senate as they may 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 r 12 th 1791. 

The House met according to adjournment 
j Voted that M r Pierce M r Badger, M r Wallace M r Allen and M 1 
Freeman with such of the Honb 1 Senate as they 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. [ I 79 I 

Voted that M r Freeman, M r Kimball M r Hoyt M r Gerrish and 

M r Rand with such of the Honb 1 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 r Young, M r Penniman and M r Stiles 

with such of the Honb 1 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 for 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 pay 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 pay into said Treasury the Sum of One hundred and 
one pounds eight shillings Law r ful money 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 
respectively 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 Resolved 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 Millslield shall be six shillings upon each 



I79 1 ] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 



429 



Thousand pounds so raised until a new proportion shall be made 

among the Several [towns] and places in this state — which resolve 

being read and considered voted that it be received and accepted — 

Adjourned to 9 o'Clock to morrow morning 

TUESDAY Dec r 13 th 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 of 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 paying 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) 

Yeas. Yeas. Yeas. Yeas. 



Mr Gains 
Mr Leavitt 
Mr Dodge 
M r Wiggin 
M r Currier 
M r Plummer 
Mr Bettan 
Mr Kellie 

*Nays. 
M r Pierce 
M r Connor 
M r Macgregore 
Mr Weeks 
Mr Jab z Smith 
Mr March 
Mr Clark 
Mr Tibbets 
Mr Glidden 



M 1 ' Badger 
M r Bedee 
Mr McMillan 
M r Warner 
M r J Duncan 
Mr Wallace 
Mr Gale 
M r Stiles 

Nays. 
M r Jon a Smith 
M r Knox 
M r Waldron 
M 1 ' E Smith 
Mr N Hoit 
M r Tasker 
Mr Tash 
M 1 * Chamberlain 



M r Whitcomb 
M r Parker 
M r Alexander 
M r Temple 
M r Allen 
M r Holmes 
M r Penniman 
M r Stone 

Nays. 
M r R Macgregore 
M r D Emerson 
Mr Abbott 
Mr P Clark 
M r Darling 
M r Gerrish 
M r Flanders 
Mr M Smith 



M r Duncan 
M r Gould 
M r Crawford 
Mr E Hoit 
M r Freeman 
M r Payne 
M r Norris 

Nays. * 14-279 
M r Rand 
Mr Bingham 
M r Kimball 
M r Hutchens 
M r Tarlton 
M r Simpson 
M r Young 
Mr Cargill 



31 Yeas — 33 Nays — so it was negatived and the report recom- 
mitted — 



430 NEW HAMPSHIRE EARLY STATE PAPERS. [ I 79 I 

Upon reading and considering the Petition of Joseph Pierce 
[Peirce] in behalf of the Inhabitants of New Durham Gore voted 
that the prayer 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 Petition 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 why 
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 — 

Voted that M r E Smith M r Young and M r Simpson with such 
of the Honb 1 Senate as they may join be a Committee to consider 
of the Petition of Joseph Kimball Esq 1 ' and report thereon — 

Whereas Timothy 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 they could not 
surrender his body into Court agreably to the tenor of their 
recognizance whereby they have become liable to pay the Sum 
of One hundred pounds each and praying 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 County pay all legal Costs that have arisen in con- 
sequence of the prosecution against the said David Dodge and on 
account of the forfeitures incurred by them 

Adjourned to 3 o'Clock P M. 
Met accordingly 

Voted that M r Connor -M r Badger & M r E Sirhth with such of 
the Honb 1 Senate as the}' may join be a Committee to consider of 
the Petition of Benjamin Lamson and report thereon — 

Agreably to the order of the day proceeded to a hearing on 
Petitions — 



1 79*] 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 ^ r 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 Petition from New Grantham 
voted that the prayer thereof be granted and that they have leave 
to bring in a Bill accordingly 

Voted that M r E Smith M r Whitcomb M r Tarlton * M r * 14-281 
N Hoit and M r Rand with such of the Honb 1 Senate as 
they may join be a Committee to consider of a Letter from Doct 1 ' 
Samuel Tinney [Tenney] and [Doctor] William Parker [Jun r ] 
to his Excellency the President and the papers accompanying the 
Same also of the Petition of John Hale and report thereon — 

Voted that M r Macgregore M 1 ' Parker & M r Gale with such of 
the Honb 1 Senate as they may join be a Committee to consider of 
the Petition of Joseph Eaton Kiniston and report thereon — 

Voted that M r Tash M r Holmes and M r Allen with such of the 
Honb 1 Senate as they may join be a Committee to consider of the 
Memorial of Cap 1 Titus Salter & report thereon — 

An Act for assessing two pence ^ r 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 preferred 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 year 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 year but the Inhabitants of Cornish supposing them- 
selves to be sufficient in number to send a Representative warned 
a Meeting and chose one accordingly 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 



43 2 NEW HAMPSHIRE EARLY STATE PAPERS. [ I 79 I 

the said five pounds as by Law he would have done if the same 
had been originally laid or apportioned on said Town of Cornish — 
Adjourned to 9 o'Clock to morrow morning 

WEDNESDAY Dec* 14 th 1791 — 

The House met according to adjournment 

Voted that M r Freeman M r N Hoit, M r Carr, M r How and M r 
Simpson with such of the Honb 1 Senate as they may join be a 
Committee to consider of the Petition of James Gould and all 
Similar matters and report thereon 

Voted that M r Flanders, M r Harper & M r Dodge with such of 
the Honb 1 Senate as they may join be a Committee to consider of 
the Petition of Benjamin Trip and report thereon — 

Voted that the Secretary 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 Gilman 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 r 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 Petition 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 Petition of John Tasker Esq r 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 former order and the same 
length of time prior to said day of hearing — Also that the hear- 



I79 1 ] 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 1 Senate for Con- 
currence — 

[In Senate Dec r 14 th 1791 — ] 

Voted that M r Rogers, M r Dow, M r Peabody, M r Toppan M r 
Sheafe & M r Page [Payne] with such of the Honb 1 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 r 
Badger M r Parker M r Emerson M r Macgregore and M r 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 prayer thereof be 
granted and that he have leave to bring in a Bill accordingly — 

28 



434 



NEW HAMPSHIRE EARLY STATE PAPERS. 



[1791 



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 are to take notice and govern themselves 
accordingly — 

Adjourned to 9 o'Clock to morrow morning — 

THURSDAY Dec* 15 th 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 — 
Voted that M r Young, M r Cilley & M r Bettan with such of the 
Honb 1 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 r 
motion was made that the prayer thereof be granted — On which 
motion the yeas and nays were called and are as follows — viz — 

* 14-285 *Yeas. Yeas. Yeas. Yeas. 



M r Gains 


M r Jo s Smith 


M r Abbott 


Mr Allen 


M r Weeks 


M r Bettan 


Mr P Clark 


M r Holmes 


M r Currier 


Mr Kellie 


M r Gregg 


M r Penniman 


Mr Jab z Smith 


Mr Can- 


M r Duncan 


M r Griffin 


M r Plummer 


Mr Bedee 


Mr Darling 


M r Stone 


M r Glidden 


Mr N Hoit 


Mr Gale 


M r Gould 


M r Jon a Smith 


M r Tasker 


M r Shepherd 


Mr Crawford 


M r W m Duncan 


M r Chamberlain 


M r Stiles 


Mr E Hoit 


M r N Emerson 


M r McMillan 


M r Parker 


M r Norris 


M r Godfrey 


M r D Emerson 


M r M Smith 


M r Hutchens 


i\I r T Page 








Nays. 


Mays. 


Nays. 


Nays. 


M r Pierce 


Mr Cilley 


M r Warner 


M r Rand 


M r Macgregore 


M 1 * Knox 


M r Jn° Smith 


M r Bingham 


M r Leavitt 


Mr How 


Mr Wallace 


M r Kimball 


M r Dodge 


M r Waldron 


M r Whitcomb 


M r Freeman 


M r Wiggin 


M r Tash 


M r Alexander 


M r Payne 


M* Clifford 


M r Macgregore 


M 1 * 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* 16 th 1791. 

The House met according to adjournment 

Voted that M r Macgregore M r Payne M r Pierce M r Young and 
M r Parker with such of the Honb 1 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 
&c. and report thereon 

Voted that M r Emerson M r Simpson & M r Tash with such of 
the Honb 1 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 r Badger M r E Smith & M r Griffin with such of 
the Honb 1 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 r Rand, M r Allen & M r Gains with such of the 
Honb 1 Senate as they may join be a Committee to consider of the 
Account of Ichabod Rollins Esq r and report thereon 

Voted that M r Bettan M r P Clark & M r Clifford with such of 
the Honb 1 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 rs 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 1 ' 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 HAMPSHIRE EARLY STATE PAPERS. 



[1791 



& examine into their proceedings and report thereon — and that 
said Committee consist of M 1 ' Duncan M r N Hoit, M r Holmes M r 
Young & M r P. Clark with such of the Honb 1 Senate as they may 
join for said purpose — 

Agreably to the order of the day 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* 17 th 1791. 

The House met according to adjournment 
Proceeded to a determination on the Petitions which were heard 
Yesterday — 

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 Petition of Samuel Smith and others 
Motion was made that the prayer thereof be so far granted as to 
give the Petitioners liberty 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 r Weeks 


M r Godfrey 


Mr Wallace 


Mr Penniman 


M r Leavitt 


Mr T Page 


M r Darling 


Mr Kimball 


M r Dodge 


M r Jo Smith 


Mr Gale 


M r S Duncan 


M r Wi^gin 


M r How- 


M r Gerrish 


Mr Gould 


Mr Clifford 


Mr Waldron 


M r Flanders 


M r Crawford 


M r Currier 


Mr Harper 


M r Shepherd 


M r E Hoyt 


M r Eastman 


Mr N Hoit 


Mr Stiles 


M r Norris 


Mr Cilley 


Mr Tasker 


Mr Parker 


M r Hutchens 


M r Tibbets 


M r R Macgregore 


M r Temple 


Mr Tarlton 


Mr Glidden 


M r Abbott 


Mr M Smith 


M r Young 


Mr Knox 


Mr P Clark 


Mr Allen 


Mr Cargill 


M r N Emerson 








Nays. 


Nays. 


Nays. 


Nays. 


Mr Gains 


M r Jab z Smith 


M r W™ Duncan 


M 1 ' Badger 


M r Pierce 


M'* Plummer 


M r Bettan 


Mr E Smith 


M r Macgregore 


Mr March 


Mr Kellie 


M r Bedee 


W B Page 


Mr J Clark 


Mr Can- 


Mr Tash 



I79 1 ] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 437 



Nays. 


Nays. 


Nays. 


Nays. 


M r Chamberlain 


M r }n° Smith 


M r Bingham 


M r Stone 


M r McMillan 


M r Whitcomb 


M r Holmes 


M 1 ' Freeman 


M r Warner 


M r Alexander 


M r Griffin 


M r Payne 


M r Gregg 


M r Rand 







45 Yeas — 30 Nays — so the prayer thereof was granted [So 
the motion prevailed] 

Agreably to the order of the day proceeded to a hearing on 
Petitions but came to no determination — [thereon.] 

* Voted 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 Dec* 19 th 1791. 

The House met according to adjournment 

The [Honb 1 the] Speaker being absent motion was made for 
the choice of a Speaker Protempore and the Honb 1 Elisha Payne 
Esq r was chosen for that purpose — 

An Act to levy a Tax of one penny ^ r 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 — 

Voted that M r Stiles M r Knox [Peirce] and M r Jn° Smith with 
such of the Honb 1 Senate as they may 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 voted that the prayer thereof be granted and that he have 
leave to bring in a Bill accordingly — 

Voted that M r Holmes M r Temple & M r R Macgregore with such 
of the Honb 1 Senate as they may 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. [ I 79 I 

TUESDAY Dec r 20 th 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 1 
Jonathan Freeman Esq r was chosen — 

* 14-289 * The Committee on the Account of Ichabod Rollins 

Esq 1 " 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 — voted that the prayer 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 1 ' Stiles, M r Currier & M r Bingham with such of 
the Honb 1 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 1 " 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 received 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 Friday 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 r Badger M r J Macgregore & M 1 ' E Hoit 

with such of the Honb 1 Senate as they may join be a 
Committee to consider of the Petition of Thomas Simpson and 
report thereon — 



I79l] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 439 

Voted that M r Pierce, M r Emerson & M r Badger with such of 
the Honb 1 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 County 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 accordingly — 

Adjourned to 9 o'Clock to morrow morning 

WEDNESDAY Dec r 21 st 1791 

The House met according to adjournment 
The vote respecting the hearing on the Petition of Smith Emer- 
son came down from the Honb 1 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 ^ r 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 
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 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 



44-0 NEW HAMPSHIRE EARLY STATE PAPERS. [ I 79 I 

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 r — 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 M r Gains, M r P : Clark & M r Knox with such of the 
Honb 1 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 Coventry 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- 



I79l] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 44I 

orderly persons as is herein after described 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 Benjamin Brown 
Jun r voted that the prayer thereof be granted and that they have 
leave to bring in a Bill accordingly — 

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 — 

Voted that the hearing on the Petition of Samuel Sherburne 
Esq 1 ' 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 r Freeman, M r Parker, M r R Macgregore M r Jo 8 
Smith and M r Wallace with such of the Honb 1 Senate as they may 
join be a Committee to consider of the Petition of John Young 
Esq r and report thereon 

Adjourned to 9 o'Clock to morrow morning 

THURSDAY Dec r 22 d 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. Yeas. Yeas. 

M r Gains M r Wiggin M r March M* Carr 

Mr Pierce M r Clifford M r Duncan M* Waldron 

M r Connor M r Plummer M r Knox M r R Macgregore 

Mi' Macgregore M r Cilley M r N Emerson M r D Emerson 

M r Leavitt M r Glidden M r Bettan M r Warner 



442 



NEW HAMPSHIRE EARLY STATE PAPERS. 



[1791 



Yeas. 
M r J Duncan 
Mr Parker 
M r Alexander 

* 14-294 *Nays. 
Mr B Page 
M r Dodge 
M r Currier 
M 1 ' Eastman 
M r Jab z Smith 
Mr j Clark 
M r March 
M r Tibbetts 
[M r Glidden] 
M r Jon a Smith 
M r Crawford 
M r Godfrey 



Yeas. 
M r Temple 
M r Griffin 
M r Duncan 

Nays. 
M' T Page 
M r Jon a Smith 
M r Godfrey 
M r T Page 
M r Jo s Smith 
M r Kellie 
M 1 ' Harper 
M 1 ' Badger 
M* E Smith 
Mr E Hoyt 
Mr Bedee 
Mr N Hoit 



Yeas. 
M r Nicols 
M r Freeman 
M r Payne 

Nays. 
Mr Tash 
M r Chamberlain 
Mr McMillan 
Mr Abbott 
Mr P Clark 
M r Gregg 
Mr Wallace 
Mr Gale 
M r Norris 
M r Gerrish 
[M r Whitcomb] 
M r Shepherd 



Yeas. 
Mr Tarlton 
M r Young 
M r Weeks 

Nays. 
Mr Stiles 
M r M Smith 
Mr Allen 
Mr Rand 
M r Bingham 
M r Holmes 
M r Penniman 
M r Stone 
Mr Kimball 
M 1 ' Hutchens 
M r Simpson 



32 Yeas — 46 Nays 1 — 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 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 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. Yeas. Yeas. Yeas. 



M r Gains 
M r Pierce 
M r Connor 
M r Macgregore 
M r B Page 
Mr Weeks 
M r Dodge 
M r Wiggin 
Mr Clifford 
M r Plummer 



Mr Cilley 

M r March 

M r w™ Duncan 

M r Knox 

M r N Emerson 

M-- McMillan 

M r R Macgregore 

M r Warner 

Mr Gregg 

M r Jn«> Smith 



M r Bettan 
M r Can- 
Mr How 
M r Waldron 
M r E Smith 
Mr Tash 
M r J Duncan 
M r Parker 
M r Alexander 
M r Temple 



Mr Griffin 
M 1 ' Stone 
M r Duncan 
M r Nicols 
M r Freeman 
M 1 ' Payne 
Mr Tarlton 
M r Simpson 



l The names of Godfrey, T. Page, and Jon 11 Smith are repeated in the list of nays. 



1 79 I ] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 443 



Nays. * I4-295 
M r Bingham 
M r Holmes 
M r Penniman 
Mr Kimball 
M r Gould 
M* Crawford 
M r E Hoyt 
M r Norris 
M r Hutchens 



*Nays. Nays. Nays. 

M r Currier M r Kellie M'' Gale 

M r Eastman M r Harper M r Gerrish 

M r Jab z Smith M r Badger M r Flanders 

M r Clark M r N Hoit M r Shepherd 

M r Tibbetts M r Chamberlain M r Stiles 

M r Glidden M r Abbott M r Whitcomb 

M r Jona Smith M r P Clark M* M Smith 

M r Godfrey Mr Wallace M r Rand 

M r T Page M r Darling M r Allen 
M r Jo s Smith 

39 Yeas — 37 Nays — So it passed in the affirmative — 

Voted that the Honb 1 John Pickering Esq 1 ' 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 accordingly — 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 Committee 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 that M r Pierce M r Badger, M r Wallace, M r Penniman 



444 NEW HAMPSHIRE EARLY STATE PAPERS. [ I 79 I 

and M r Simpson with such of the Honb 1 Senate as they may join 
be a Committee to take under consideration all applications that 
may be made to them by persons who are indebted to this state on 
Excise Bonds & report thereon — 

Voted that the Honb 1 John Taylor Gilman Esq r and the Honb 1 
Nathanael Rogers Esq 1 " 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 &c came down from the Honb 1 Senate for the 
following amendment "That any 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 d M r 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 r 23 d 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 prayer 
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. 


M r Gains 
M r Pierce 
M r Connor 
M r Macgregore 


M* Page 
W Weeks 
M r Leavitt 
Mi- Dodge 


M r Wiggin 
Mi- Clifford 
M r Currier 
Mi" Eastman 


M r Plummer 
Mi- March 
Mi- Glidden 
R I !■ W* Duncan 



I79 1 ] JOURNAL OF THE HOUSE OF REPRESENTATIVES, 



445 



Yeas. 



Yeas. 



Yeas. 



Yeas. 



M r Knox 


M r Chamberlain 


M 1 ' Flanders 


Mr Griffin 


M 1 * Godfrey 


M r R Macgregore 


M r Shepherd 


M r Stone 


M 1 ' Page 


M r Warner 


M r Stiles 


M r Kimball 


M r Bettan 


M r Abbott 


M 1 ' Parker 


M r Nicols 


Mr Kellie 


Mr P Clark 


M 1 ' Alexander 


M r Crawford 


M r Carr 


M r Gregg 


Mr M Smith 


M r Freeman 


M r How 


M r J Duncan 


M r Rand 


M r Payne 


M r Waldron 


M* Wallace 


Mr Allen 


M r Hutchens 


M r Badger 


M r Darling 


M r Bingham 


M r Tarlton 


M r E Smith 


Mr Gale 


Mr Holmes 


Mr Cargill 


Mr N Hoit 


M r Gerrish 


M r Penniman 


Mr McMillan 


M r Tash 








Nays. 


Nays. 


Nays. 


Nays. 


M r Jona Clark 


Mr Gould 


M r Norris 


M r Young 


M r Temple 


Mr E Hoyt 


M r Simpson 





61 Yeas — 7 Nays — so it passed in the affirmative — 

M r Young gave in the following as his Objections to passing 
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 st Because there is a manifest 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 d 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 1 ' 22 d 1791 



John Young 



The Committee 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. [ I 79 I 

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 effectually secure the settlement of said lands (viz) 
that there shall be settled on every Township of lands Six miles 
square forty families within ten } r 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 r Pierce, M r Badger M r R Mac- 
gregore M r Parker and M r Freeman with such of the Honb 1 
Senate as they may join be a Committee to consider and report 
what is necessary to be done to carry the foregoing into effect 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 M r Gains, M r E Smith, M r R Macgregore [M r 
Penniman] & M r Payne with such of the Honb 1 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 1 ' 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 1 ' 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 1 ' 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 
Jaffry Esq r 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 1 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 r 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 r 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 y 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 — — 

Voted that M r Bettan M r Penniman & M r Emerson with such 
of the Honb 1 Senate as they may join be a Committee to consider 
of the Petition of Samuel Penhallow Jun 1 ' and report thereon — 

Voted that M r Flanders, M r E Smith, M r Connor, M r Glidden 
and M r Payne with such of the Honb 1 Senate as they may join be 
a Committee to consider of the Petition of Gen 1 James Reid and 
report thereon — 



448 



NEW HAMPSHIRE EARLY STATE PAPERS. 



[1791 



The Committee on the letter from James Macgregore Esq 1 ' and 
the papers accompanying the Same Reported that as the time lim- 
ited by 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 necessary that a further time for finishing said business 
be given James Macgregore Esq 1 " one of said Commissioners 
until the fifteenth 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 th 1791 : 

The House met according to adjournment 

On that part of a Resolve that came down from the Honb 1 

Senate directing the Treasurer to issue extents for outstanding 

taxes to compleat the collection thereof by the first Wednesday of 

June next — the Yeas and nays were called and are as follows — 



Yeas. 
M r Gains 
M r Connor 
M r Leavitt 
M r Dodge 
M r Wiggin 

Nays. 
M r J Macgregore 
Mr B Page 
M r Weeks 
M r Currier 
M r Eastman 
Mr Cilley 

* 14-302 *M r Gale 

M r Gerrish 
M r Flanders 
M r Shepherd 
M r Stiles 
M r Whit comb 



Yeas. 
M r Clifford 
M r Jab z Smith 
M r Plummer 
M r W m Duncan 
M r N Emerson 

Nays. 
M r March 
M r Glidden 
Mr Jon a Smith 
M r Knox 
M* Carr 
Mr How 
M r Parker 
Mr Temple 
Mr Rand 
Mr Allen 
M r Holmes 
M r Penniman 
M r Waldron 



Yeas. 
Mr Godfrey 
Mr T Page 
M r Jo s Smith 
M r Bettan 

Nays. 
Mr E Smith 
Mr N Hoit 
Mr Tash 
M r Chamberlain 
Mr McMillan 
Mr Griffin 
M r Stone 
M r Duncan 
M r Nicols 
Mr Gould 
M r Crawford 
Mr E Hoyt 
M r D Emerson 



Yeas. 
Mr Kellie 
M r J Duncan 
Mr Wallace 
M r Freeman 

Nays. 
Mr Abbott 
M r P Clark 
M r Gregg 
Mr J no Smith 
M r Darling 
M r Payne 
M r Norris 
M r Hutchens 
M r Tarlton 
M r Simpson 
M 1 ' Young 
Mr Careill 



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 by him against Samuel Hobart Esq r of Exeter — 
was read a third time and passed to be Enacted 

Adjourned to Monday next at 3 o'Clock P. M 



1791J 



JOURNAL OF THE HOUSE OF REPRESENTATIVES. 



449 



MONDAY Dec r 26 th 1791. 

The House met according to adjournment 

Voted that M r Simpson, M r Warner & M 1 ' J Duncan with such 
of the Honb 1 Senate as they may join be a Committee to consider 
of the Petition of [Phillip Hills & report thereon — 

Voted that M r B Page, M r Gregg & M r Dodge with such of the 
Honb 1 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 accordingly — 

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 that M r Macgregore M r Stone & M 1 ' Jab z Smith with such 
of the Honb 1 Senate as they may join be a Committee to consider of 
the Petition of Josiah Gilman Esq 1 " 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 r E Smith, M r Connor & M r N Hoit with such of 
the Honb 1 Senate as they may join be a Committee to consider of 
the Petition of John Samuel Sherburne Esq r and report thereon — 

An Act to limit the time of prosecuting Demands against the 
estate of Thomas Simpson late of Portsmouth Esq 1 * deceased was 
read a third time and passed to be Enacted — 

Voted 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 1 
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. 
Mr Clifford 
M r Currier 
|P Plummer 
Mr J Clark 



Yeas. 
M r Glidden 
M r Godfrey 
M r Jo y Smith 
M r Bettan 



Yeas. 
M r Badger 
Mr E Smith 
M r Chamberlain 
Mr P. Clark 



Yeas. 
M r Gregg 
M 1 ' J Duncan 
M r Darling 
M r Shepherd 



29 



45o 



NEW HAMPSHIRE EARLY STATE PAPERS. 



[1791 



Yeas. 


Yeas. 


Yeas. 


Yeas. 


M r Stiles 


Mr M Smith 


M r Holmes 


Mr S Duncan 


M r Whitcomb 


Mr Rand 


M r Penniman 


M 1 ' Simpson 


M r Alexander 


Mr Allen 


M r Stone 


Mr Cargill 


Nays. 


Nays. 


Nays. 


Nays. 


M r Connor 


M r N Emerson 


M r Jn° Smith 


Mr Gould 


M r Macgregore 


Mr Kellie 


M r Wallace 


M r Crawford 


IVI r Weeks 


M r Waldron 


Mr Gale 


Mr E Hoyt 


M r Leavitt 


M r Harper 


M r Gerrish 


M r Freeman 


M r Dodge 


Mr N Hoit 


M r Parker 


M r Payne 


M r Wiggin 


Mr Tash 


M 1 ' Temple 


M r Norris 


M r Jab z Smith 


M r Warner 


M r Bingham 


M r Hutchens 


M r Jon a Smith 


Mr Abbott 


Mr Griffin 


M r Young 


28 Yeas — 32 Nays - 


- so it was not dismissed — 


* 14-304 * 


On motion that the 


consideration of said Reso^ 



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 a Smith 


Mr P. Clark 


M r Rand 




Mr Wiggin 


M r N Emerson 


M r Gregg 


Mr Allen 




M r Dodge 


M r Godfrey 


Mr J Duncan 


M r Holmes 




M r Currier 


M r Jo s Smith 


M r Gale 


M r Penniman 




Mr Jab z Smith 


M r Bettan 


Mr Shepherd 


M r Stone 




M 1 ' Plummer 


M r How 


Mr Stiles 


M r Gould 




Mr Tibbets 


M r Badger 


M r Whitcomb 


M r Cargill 




Mr Glidden 


Mr E Smith 


M r Alexander 






Nays. 


Nays. 


Nays. 


Nays. 




M r Gains 


M r McMillan 


M 1 ' Temple 


M 1 ' Freeman 




M r Connor 


M r Warner 


M r Bingham 


M r Payne 




M r Macgregore 


M r Abbott 


M r Griffin 


M r Norris 




M r J Clark 


M r Jn° Smith 


M r Duncan 


M r Hutchens 




Mr Waldron 


M r Wallace 


M r Nicols 


Mr Tarlton 




Mr N Hoit 


M r Gerrish 


M r Crawford 


M 1 ' Simpson 




Mr Tash 


M 1 ' Parker 


M r E Hoyt 


M 1 * Young 




M r Chamberlain 










31 Yeas — 
A 


29 Nays — so it was postponed — 

rlinnrnerl to n r>'C!lnrk to mnrrnw rr 


inrnirur 





TUESDAY Dec r 27 th 1791. 

The House met according to adjournment 
An x^ct to levy a Tax of two pence ^ r Acre on all the lands in 
Orford for the purpose of making & repairing highways was read 
a third time and passed to be Enacted — 



I79 1 ] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 45 1 

Agreably 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 1 Senate for Con- 
currence — 

In Senate Dec r 27 th 1791 — 
Voted that M r Page M r Rogers, M r Dow & M r Sheafe with 
such of the Honb 1 House as they 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 M r Gains M r Connor, M r Waldron 
M r N Hoit M r Jn° Smith M 1 Gerrish M r Parker, M r Penniman M r 
Simpson & M r Payne joined — 

* Agreably to the order of the day proceeded to a * 14-305 
hearing on Petitions — 

Upon hearing and considering the Petition of Samuel Sher- 
burne Esq 1 ' 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 Smith Emerson 
voted that the Petition be dismissed — 

Voted that the hearing on the Petition of George Jaffry Esq 1 ' 
and others which was to have been this day before the Gen 1 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 th 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 th 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 — 



45 ^ 



NEW HAMPSHIRE EARLY STATE PAPERS. 



[1791 



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 1 Senate without being concurred and 
a Bill proposed in lieu thereof — Which Bill when read for a third 
time — the Yeas and nays were called for passing the Same and 
were as follows (viz) — 



* 14-306 *Yeas. 


Yeas. 


Yeas. 


Yeas. 


M r Gains 


M r Knox 


Mr Griffin 


Mr Tarlton 


M 1 ' Connor 


M r Badger 


M r S Duncan 


M r Simpson 


M r Macgregore 


M r Duncan 


M r Freeman 


M r Yoang 


Mr Leavitt 


M r Stiles 


M r Payne 


Mr Cargill 


M* Clifford 


M 1 ' Temple 


M r Hutch ens 




Nays. 


Nays. 


Nays. 


Nays. 


M* B Page 


M r Godfrey 


M r Warner 


Mr Rand 


M 1 ' Weeks 


Mr T Page 


M r Abbott 


Mr Allen 


M r Dodge 


Mr Kellie 


M r Wallace 


M r Penniman 


M r Currier 


M r Harper 


Mr Gale 


M r Stone 


M r Eastman 


Mr E Smith 


M r Gerrish 


Mr Gould 


M r Plummer 


Mr N Hoit 


M r Shepherd 


M r Crawford 


Mr J Clark 


M r Tash 


M r Parker 


M r E Hoyt 


Mr Tibbetts 


M r Chamberlain 


M r Alexander 


M r Norris 


M r N Emerson 


M r M c Millan 


Mr M Smith 








19 Yeas — 35 Nays — so it was rejected and the former one 
sent up to the Honb 1 Senate for Concurrence — 

Resolved that one half of the Courts of Law within and for the 
County of Hillsborough from and after the expiration of two 
years be held in some convenient place in the Northerly part of 
said County and that the Honb 1 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 conveniently may be — 

The vote for a hearing on the Petition of Benjamin Archer 
which at the last Session was ordered by the Honb 1 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 — 



I79 1 ] 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 r Hoit, M r Godfrey & M r Macgregore with such 
of the Honb 1 Senate as they may 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 r N Hoit, M r Crawford & M r Simpson with such 
of the Honb 1 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 Jaffry Esq r and others, Masonian Proprie- 
tors — 

Voted that M r Plummer M r Connor, M r Badger, M r Smith M r 
J [John] Duncan, M r Warner, M r Penniman, M r Stiles, M r Payne 
and M r Simpson with such of the Honb 1 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. [ I 79 I 

THURSDAY Dec* 29 th 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 
Tuesday 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 Strafford 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 Tuesday 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 accordingly — 

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 — 

Voted that M r Badger, M r Whitcomb M r J Macgregore 
M r Godfrey & M r Abbott with such of the Honb 1 Senate as they 
may join be a Committee to consider of a Resolve for making 
two districts for representation from Bath Landaff and other 
Towns and report thereon — 

Adjourned to 3 o'Clock P. M — 



I79 1 ] JOURNAL OF THE HOUSE OF REPRESENTATIVES, 



455 



Yeas. 
Mr B Darling 
Mr Stiles 
M r Temple 
M r M Smith 
M r Bingham 
M r S Duncan 



Yeas. 
M r Gould 
M r Freeman 
M r Payne 
M r Tarlton 
M r Simpson 



Met accordingly 
Upon reading and considering the Petition of the Trustees 
of the Atkinson, New Ipswich Charlestown, Amherst & Chester- 
field Academies — motion was made to grant the pra}^er of said 
Petitions — on which motion the yeas and nays were called and 
are as follows — (viz) 

Yeas. 

Macg 
Mr B Page 
M r Dodge 
Mr Clifford 
M r March 
M r Knox 
M r Page 

Nays. 
M r Gains 
M r Connor 
M r Weeks 
M r Leavitt 
M r Wiggin 
M r Currier 
M r Eastman 
Mr Jab z Smith 
M 1 ' Plummer 
Mr Tibbetts 
M 1- Jon a 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) — 



Yeas. 
M r Jos Smith 
M r Harper 
M r R Macgregore 
M r Warner 
M r P. Clark 
Mr J Duncan 
M r Wallace 

Nays. 
Mr W m Duncan 
M r N Emerson 
M r Godfrey 
M r Bettan 
Mr Kellie 
M r Can- 
Mr How 
M r Waldron 
M r E Smith 
MrN Hoit 



Nays. 
M r Tash 
M r Chamberlain 
M r McMillan 
M r Abbott 
Mr Gale 
M r Gerrish 
M r Shepherd 
M r Whitcomb 
Mr Parker 
M r Alexander 



Nays. 
Mr Rand 
Mr Allen 
M r Holmes 
M r Penniman 
M r Griffin 
M r Stone 
M r Crawford 
Mr E Hoyt 
M r Norris 
M r Hutchens 



Yeas. 
M r Gains 
M r Connor 
Mr Weeks 
Mr Leavitt 
M r Wiggin 
Mr Currier 
M 1 ' Eastman 
M r Jab z Smith 
M r Plummer 

*Nays. 
M r J Macgregore 
Mr B Page 
Mr Dodge 
Mr Clifford 



Yeas. 
Mr N Emerson 
M r Godfrey 
M r Bettan 
Mr Kellie 
Mr Carr 
M r How 
M r Waldron 
M r Badger 
M r E Smith 

Nays. 
M r March 
Mr J Clark 
M r Tibbetts 
M r W™ Duncan 



Yeas. 
Mr N Hoit 
M r McMillan 
M r Abbott 
M r Jno Smith 
Mr Gale 
M r Gerrish 
M r Rand 
Mr Allen 

Nays. 
M r Knox 
M r Page 
M r J Smith 
M r Harper 



Yeas. 
M r Holmes 
M r Penniman 
Mr Griffin 
M r Stone 
Mr Gould 
M r Crawford 
Mr E Hoyt 
M r Norris 

Nays. * 1 4-3 IO 
Mr Tash 
M r Chamberlain 
Mr P Clark 
M r R Macgregore 



45^ NEW HAMPSHIRE EARLY STATE PAPERS. L 1 


7 9 I 


Nays. 


Nays. 


Nays. 


Nays. 




M r Warner 


M 1 ' Shepherd 


Mr Temple 


Mr Payne 




M r Gregg 


M r Stiles 


Mr Bingham 


M r Tarlton 




M r J Duncan 


Mr Parker 


M 1 ' S Duncan 


M 1 " Simpson 




Mr Wallace 


M 1 ' Alexander 


M r Nicols 


M r Young 




M r Darling 


Mr M Smith 


M 1 * Freeman 






34 Yeas — 


35 Nays — so it was not postponed 






Motion was then made to dis 


miss said Petition 


on which motion 


the yeas and 


nays were called 


and are as follows — (viz) - 




Yeas. 


Yeas. 


Yeas. 


Yeas. 




M r Gains 


Mr Clark 


Mr Waldron 


M r Alexander 




M 1 * Connor 


Mr Tibbets 


M 1 ' Badger 


Mr Rand 




M r B Page 


M r Jon a Smith 


Mr N Hoit 


Mr Allen 




M'- Weeks 


M r Glidden 


M r Chamberlain 


M 1 ' Holmes 




M r Leavitt 


Mr W"» Duncan 


Mr Abbott 


M r Griffin 




M r Dodge 


M 1 * N Emerson 


M r J no Smith 


M r Stone 




M r Wiggin 


Mr Godfrey 


M r Gale 


M r Crawford 




M r Currier 


M r Bettan 


M 1 ' Gerrish 


Mr E Hoyt 




M r Eastman 


Mr Kellie 


M 1 ' Shepherd 


M 1 ' Norris 




M r Jab z Smith 


Mr Can- 


M r Stiles 


M 1 ' Hutchens 




M 1 ' Plummer 


Mr How 


Mr Whitcomb 






Nays. 


Nays. 


Nays. 


Nays. 




M r Macgregore 


Mr Tash 


Mr Wallace 


M r Nicols 




M* Clifford 


M 1 ' R Macgregore 


Mr Temple 


M r Gould 




M* Cilley 


M 1 ' Warner 


M r M Smith 


M 1 ' Freeman 




M r March 


Mr P Clark 


M 1 ' Bingham 


Mr Payne 




M r Knox 


M r Gregg 


M r Penniman 


M r Tarlton 




M r T Page 


M r J Duncan 


M 1 * Duncan 


M 1 ' Young 




Mr J o s Smith 











43 Yeas — 25 Nays — so the Petition was dismissed 

1 [Whereas a resolve passed the General Court, June 13, 1791, 
providing for the payment of outstanding taxes, 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 resolved 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 journal. 



179 1 ] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 457 

charged against them, or the fines imposed upon them for their 
deficiency of 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 by 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 twenty 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 any former order of the General Court to the con- 
trary notwithstanding, excepting only that this resolve shall not 
effect or alter the force of any vote or resolve for staying 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 Lottery 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- 



45$ NEW HAMPSHIRE EARLY STATE PAPERS. [ I 79 I 

ported, that all State taxes now due from the town 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 Wednesday of the next Session 
and that in the mean time the Petitioners cause that the Select 
men of Cockermouth and Plymouth 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 — 
* 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 Dec r 30 th 1791. 

The House met according to adjournment 

The following vote came down from the Honb 1 Senate for Con- 
currence — 

Voted that M r Foster and M r Sheafe with such of the Honb 1 
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 r Badger, M r 
Hoit, M r Stiles [Mr. Conner] and M r Parker joined — 

The following resolve came down from the Honb 1 Senate for 
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 — 



I79l] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 



459 



The Committee on the Petition of General James Reid reported 
the following resolve — 

Resolved that the Treasurer be and hereby is authorized and 
impowered to pay Gen 1 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 Eighty 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 th of June 1791, relative to said Certificate — The Committee 
further reported as their Opinion that no allowance ought to be 
made to Gen 1 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. 

M r Gains 
M r Pierce 
M r Connor 
Mr B Page 
M r Weeks 
Mr Leavitt 
Mr Wiggin 
Mr Clifford 
Mr Eastman 

Nays. 

M r Macgregore 
M r Currier 
Mr Glidden 
M r W m Duncan 
Mr Knox 
M r N Emerson 



Yeas. 

M r Jab z Smith 
M r Plummer 
M r Cilley 
M r March 
Mr Clark 
Mr Tibbets 
M r Bettan 
Mr Kellie 



Nays. 

M r Godfrey 
M r T Page 
M r Jo s Smith 
M r M c Millan 
M r R Macg 
Mr Abbott 



Yeas. 

M 1 ' Carr 
Mr How 
M r Waldron 
M r E Smith 
M r N Hoyt 
Mr Tash 
M r Chamberlain 
M r Warner 



Nays. 

Mr P Clark 
M r Jno Duncan 
M r Wallace 
M r Darling 
M r Gale 
M r Gerrish 



Yeas. 

M r Gregg 
M r Whitcomb 
Mr Rand 
M r Bingham 
M r Crawford 
M r E Hoyt 
M r Norris 
M r Hutchens 



Nays. 

M r Shepherd 
M r Stiles 
M r Parker 
M r Alexander 
M r Temple 
Mr M Smith 



400 



NEW HAMPSHIRE EARLY STATE PAPERS. 



[1791 



Nays. Nays. Nays. Nays. 

M r Allen M r Stone M r Gould M r Tarlton 

M r Penniman M r S Duncan M r Freeman M 1 ' Young 

M r Griffin M r NicoIs 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. 
M r Gains 
M r Connor 
M r Macgregore 

* 14-31 3 * Mr March 

Mr J Clark 
M r N Emerson 
M r Godfrey 



Yeas. 
Mr B Page 
Mr Weeks 
M r Leavitt 
M r Bettan 
Mr Can- 
Mr How 
M r Waldron 
M r Tash 
M r R Macgreffore 



Yeas. 
Mr Clifford 
M r Currier 
M r Eastman 
M r Jn<> Smith 
Mr J Duncan 
Mr Wallace 
M r Stiles 
M r Whitcomb 
M r Alexander 



Yeas. 
M 1 Jab z Smith 
M r Plummer 
Mr Cilley 
M r Rand 
M r Allen 
Mr Griffen 
M r E Hoyt 
M 1 * Simpson 
M r Young- 



Mr J s Smith 

Nays. Nays. Nays. Nays. 

M r Pierce M r N Hoit M r Shepherd M r Nicols 

M r Wiggin Mr M c Millan M r Parker M r Gould 

M r Tibbets Mr Abbott Mr Temple Mr Crawford 

MrGlidden Mr P Clark M 1 ' Smith M r Payne 

Mr Jon" Smith M r Gregg M r Bingham M r Norris 

M r W m Duncan M r Darling M r Penniman M r Hutchens 

Mr Knox M r Gale M r Stone M r Tarlton 

M r Kellie M r Gerrish M r S Duncan M r Warner 
M r Harper 

36 Yeas — 33 Nays — so the motion prevailed — 
Voted 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'Clock 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 officer of this state for 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 — 



I79 1 ] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 46 1 

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 penalty 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 judiciary 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 & files of the Courts of 
Law — 

Therefore Resolved that the Several and respective Clerks of 
the Courts of Law in this state be and they hereby 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 files 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 1 ' 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 for the purpose 
of sending a Representative 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. [ I 79 I 

* 14-315 Comptroller of Accounts be directed to inspect * the 
pay Rolls of Col Lymans Regiment and certify to the 
President what may be due to John Trott a Soldier in Cap 1 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 11 Sherburne reported 
that the prayer 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* 31 st 1791 

The House met according to adjournment 
An Act for 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 LandafF 
and other Towns two districts for Representation — Reported that 
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 upw r ards of Sixteen 
years of age as ^ r Census and the Committee are of Opinion that 
they 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 r Young requested the yeas and nays — 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 than in the district of 
Bath &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 1 " 31 st 1 791 — John Young 



I79l] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 



4 6 3 



The Yeas and nays were called and are as follows 



Yeas. 
M r Gains 
M r Connor 
Mr B Page 
M r Weeks 
M r Leavitt 
M r Dodge 
M r Wiggin 
Mr Clifford 
M r Currier 
M r Eastman 
M r Jab z Smith 

Nays. 
M r Godfrey 
M r Chamberlain 
M r McMillan 
M r Warner 



Yeas. 
M r Plummer 
M r March 
Mr J Clark 
M r Tibbetts 
M r W m Duncan 
Mr Knox 
M r N Emerson 
M r T Page 
M r Jo s Smith 
M r Bettan 
Mr Kellie 

Nays. 
M r Abbott 
M r Whitcomb 
M r Temple 
M r Crawford 



Yeas. 
Mr Can- 
Mr Waldron 
M r Badger 
Mr N Hoit 
M r R Macgregore 
Mr P. Clark 
M r J Duncan 
Mr Wallace 
Mr Gale 
M r Flanders 

Nays. 
Mr E Hoyt 
M r Freeman 
M 1 " Payne 
M r Norris 



Yeas. 
M r Shepherd 
M r Parker 
Mr Alexander 
Mr M Smith 
Mr Rand 
M r Allen 
M r Bingham 
M r Holmes 
M r Griffin 
M r Stone 

Nays. 
M r Hutchens 
M r Simpson 
M r Young 



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. Yeas. 



M r Gains 
M r Pierce 
M r Connor 
M r Weeks 
M r Dodge 
M r Wiggin 
M 1 * Plummer 
Mr Cilley 
M r Tibbets 
M r Jon a Smith 
M 1 ' W m Duncan 

Nays. 
M 1 ' Macgregore 
Mr B Page 
M r Leavitt 
Mr Clifford 
M r Eastman 
M r Jab z Smith 



M r Knox 
Mr Kellie 
Mr Carr 
M r How 
M 1 ' Waldron 
M r Harper 
M r E Smith 
Mr N Hoyt 
Mr Tash 
M 1 ' Chamberlain 
M r McMillan 

Nays. 
Mr J Clark 
M r N Emerson 
M r Godfrey 
Mr T Page 
M r J s Smith 
Mr Bettan 



M r Warner 
M r Abbott 
M r P Clark 
Mr Gregg 
Mr Gale 
M r Shepherd 
M r Whitcomb 
M r Parker 
M r Temple 
M r Bingham 

Nays. 
M r R Macgregore 
M r J Duncan 
M r Wallace 
M r Flanders 
M r Stiles 
M r Alexander 



M r Penniman 
M r Stone 
M r Duncan 
M r Nicols 
M r Crawford 
M r Payne 
M r Norris 
M r Hutchens 
Mr Tarlton 
M r Young 

Nays. 
Mr Rand 
M r Allen 
M r Griffin 
M r E Hoyt 
M r Simpson 



*42 Yeas — 23 Nays — so it was reconsidered — 
Motion was then made that the next Session of the 
General Court be holden at Dover — on which motion 
and nays were called and are as follows (viz) 



* 14-317 
the yeas 



4 6 4 



NEW HAMPSHIRE EARLY STATE PAPERS. 



[1791 



Yeas. 
Mr Cilley 

M* Clark 
M*- Tibbets 
M r J01V 1 Smith 
M r Knox 
M r Godfrey 
Mr Kellie 
Mr Carr 
Mr How 
Mr Waldron 
M r Harper 

Nays. 
M r Jo* Smith 
M r Bettan 
M r Abbott 
M r J Duncan 
Mr Gale 



Yeas. 
Mr E Smith 
Mr N Hoit 
Mr Tash 
M r Chamberlain 
Mr McMillan 
M r R Macgregore 
M r Warner 
Mr P Clark 
M r Gregg 
Mr Wallace 
M r Flanders 

Nays. 
M r Shepherd 
M r Alexander 
M 1 * Temple 
Mr Allen 
M r Penniman 



Yeas. 

Mr Stiles 
M r Whitcomb 
M 1 ' Parker 
Mr Rand 
M 1 ' Bingham 
Mr Griffin 
M r Duncan 
M 1 ' Payne 
M r Tarlton 
M r Simpson 
M r Young 

Nays. 
Mr Stone 
M r Nicols 
M r Crawford 
M r E Hoyt 
M r Norris 



Yeas. 
M r Gains 
M 1 ' Pierce 
M 1 ' Connor 
M* B Page 
Mr Weeks 
M r Leavitt 
M 1 ' Dodge 
M r Wiggin 
M r Eastman 
M r Jab z Smith 
M r Plummer 

Nays. 
M r J Macgregore 
M r Currier 
M r W m Duncan 
M r N Emerson 
M r T Page 
M r Hutchens 

44 Yeas — 21 Nays — 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 pay 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 r Payne, M 1 Badger, M r Pierce, M r Parker and 
M 1 ' Freeman with such of the Honb 1 Senate as they may 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 by the Honb 1 John Pickering Esq 1 " 

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 1 Nathanael Peabody Esq 1 ' 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 the printer 



I79 2 ] 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 1 ' which will not require any 
alterations should the copy presented be received by the Honb 1 
Legislature — which report being read and considered voted that 
it be received & accepted and that M r J Macgregore, Nathanael 
Adams Esq 1 ' and M r Parker with such of the Honb 1 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 1 ' came *down from the Honb 1 Senate for the fol- * 14-319 
lowing amendment " that he receive a State Note dated 
the 31 st of July 1788 with Interest" — which amendment was read 
and concurred — 

Adjourned to monday next at 2 oClock P. M — 

MONDAY Jan r 2 d 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 Landaff &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. 


Yeas. 


Yeas. 


Yeas. 


Mr Pierce 
Mr Clifford 
Mr Cilley 
Mr Jon* Smith 
Mr Godfrey 


M r Harper 
Mr E Smith 
Mr N Hoit 
Mr Tash 
M r Chamberlain 


M r M c Millan 
M r Warner 
M r J Duncan 
M r Flanders 
M r Stiles 


M r Whitcomb 
M r Parker 
M r Temple 
M r Bingham 
M r Griffin 



30 



$66 



NEW HAMPSHIRE EARLY STATE PAPERS. 



[1792 



Yeas. 
M 1 ' Duncan 
M r Nicols 
M r Crawford 

Nays. 
M r Gains 
xM r Connor 
M r B Page 
M r Weeks 
Mr Leavitt 
M r Dodge 
M r Wiggin 
M 1 ' Currier 



Yeas. 

Mr E Hoyt 
M 1 ' Freeman 
M r Payne 

Nays. 
M r Eastman 
M r Jab z Smith 
M r Plummer 
M 1 ' March 
Mr J Clark 
Mr Tibbets 
M r N Emerson 
Mr Bettan 



Yeas. 
M r N orris 
M r Hutchens 
xMr Tarlton 

Nays. 
Mr Kellie 
M r Can- 
Mr Badger 
M r R Macgregore 
Mr P Clark 
M r Wallace 
Mr Gale 
M r Shepherd 



Yeas. 
M r Simpson 
M 1 ' Youno- 



Nays. 
M r Alexander 
M 1 ' M Smith 
M r Rand 
Mr Allen 
M r Holmes 
M r Penniman 
Mr Stone 



31 Yeas — 31 Nays — so the motion did not prevail 

Whereas Samuel Penhallow Jun 1 ' of Portsmouth hath Petitioned 
this Court setting forth that he as Surety to one John M° Adams 
signed a Bond with him on the 24 th day of May 1784, payable to the 
impost Officer for ten pounds, also on the fifth day of November 
the same year 1784 he signed as surety to said M c Adams another 
Bond of nine pounds Seven shillings payable 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 c Adams has left this state * and has not yet 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 1- be and 
he hereby is Exonerated from the Penalties of said Bond — any 
Law custom or usage to the Contrary notwithstanding — 

Resolved that all Commissioned and non commissioned 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 Doct 1 ' Samuel Tinney [Tenney] and 
Doct 1 ' 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 any 
Act or Resolve of Congress or the state respecting Invalid Pen- 
sioners — 



I79 2 ] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 467 



An Act to authorize the Select men 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 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 r Page and M 1 ' 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 1 Senate for the 
following amendment "that a Bill may be brought in at this or 
the next Session respecting the Town of Dalton and the highway 
tax in Littleton — which amendment was read and concurred — 

Voted that his Excellency the President be requested to give 
information to the Revr d M 1 ' 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 1 Council and the Secretary be allowed 
nine [six] shillings ^ r 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 they 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. 


Mr Connor 


M r Plummer 


M 1 ' N Emerson 


Mr Tash 


Mr B Page 


Mr J Clark 


M r Bettan 


M r Chamberlain 


Mr Weeks 


Mr Tibbetts 


M r Kellie 


M r Tarlton 


M r Leavitt 


M r M Smith 


M r Waldron 


Mr R M c Gregoie 


Mr Dodge 


M r Knox 


M r N Hoyt 


M r Warner 



4 68 



NEW HAMPSHIRE EARLY STATE PAPERS. 



[1792 



Yeas. 


Yeas. 


Yeas. 


Yeas. 


Mr P. Clark 


M r Shepherd 


M r Nicols 


M r Freeman 


M r J Duncan 


M r Temple 


M r Crawford 


M r Payne 


M* Gale 


Mr Holmes 


Mr E Hoyt 


M r Norris 


M r Flanders 


M r S Duncan 






Nays. 


Nays. 


Nays. 


Nays. 


M r Gains 


Mr E Smith 


M r Parker 


M r Bingham 


M r Godfrey 


M r Abbott 


M r Alexander 


Mr Griffin 


M r J o s Smith 


Mr Stiles 


Mr Rand 


M r Stone 


Mr Can- 


M r Whitcomb 


M r Allen 


M 1 ' Young 



34 Yeas — 16 Nays — so it passed in the affirmative 

Adjourned to 9 o'Clock to morrow morning — 

TUESDAY Jan r 3 d 1792 

The House met according to adjournment 

[The vote appointing the Reverend M r Morrison to preach the 
election sermon, was returned by the Honorable Senate and the 
following one took place thereof.] 

Voted that M r Macgregore, M r [N.] Hoyt, M r Duncan M r Bing- 
ham and M r Freeman be joined to a Committee appointed by the 
Honb 1 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 — 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 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 may 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 voted that it be received and accepted — 

Voted that the Account of John Calfe Esq 1 ' amounting to nine 
pounds fifteen shillings be allowed and paid out of the Treasury 
by order of the President — 



I79 2 ] 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 thirty three dollars and one third of a 
Dollar and that they have liberty 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 follows 
(viz) 

Yeas. Yeas. Yeas. Yeas. 

M r How 
M r Waldron 
Mr Harper 
M r Badger 
M r E Smith 
M r Crawford * 14-323 
M r Payne 
M r Norris 
M r Simpson 
M r Young 



M r Gains 

M r J Macgregore 

M r B Page 

M r Weeks 

M r Leavitt 

*MrN Hoit 

Mr Tash 

M r Chamberlain 

M r M c Millan 

M r R Macgregore 

Nays. 
M r Connor 
M r Currier 
M r Eastman 
M r Plummer 
Mr Tibbetts 



M r Dodge 
Mr Clifford 
Mr Jab z Smith 
Mr Cilley 
M r March 
M r Warner 
Mr P Clark 
M r J Duncan 
Mr Gale 
M r Flanders 

Nays. 
M r Jon a Smith 
M r Knox 
M r Godfrey 
M r Jo s Smith 
Mr Kellie 



M r Jon a Clark 
M r W m Duncan 
M r N Emerson 
Mr Bettan 
Mr Can- 
Mr Stiles 
M r Parker 
Mr Rand 
M r Penniman 
Mr Griffin 

Nays. 
M r Shepherd 
M r Whitcomb 
M r Alexander 
M r Temple 
Mr M Smith 



Nays. 
M r Allen 
Mr Stone 
M r S Duncan 
Mr E Hoyt 
M r 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 11 Gilman 
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 Tuesday 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 — 

Resolved that the Treasurer of this state be and hereby is di- 
rected immediately to send on to Philadelphia such vouchers as 



47° NEW HAMPSHIRE EARLY STATE PAPERS. [!79 2 

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 1 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 r amounting 
to eighteen pounds nineteen shillings be allowed and paid out of 
the Treasury by order of the President 

Voted that M r Macgregore M r Payne & M 1 ' Parker with such 
of the Honb 1 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 intitled an Act ordering the de- 
scent of Intestate Estates and impowering the judge of Probate 
to settle the same accordingly, was read a third time and passed 
to be enacted — 

An Act to prevent damage which may be done by 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 Petition 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 1 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 clearly intitled 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 r 4 th 1792. 

The House met according to adjournment 
On motion that the Interest on the Bonds given by the Ma3j 
sonian Proprietors be struck off and not demanded by the state — 
The yeas and nays were called and are as follows (viz) 



I79 2 ] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 



471 



*Yeas. 


Yeas. 


Yeas. 


Yeas. * 14-325 


M r Gains 


Mr Cilley 


M r How 


M r Chamberlain 


M r Macgregore 


xM r J Clark 


Mr Badger 


M r Crawford 


M r Weeks 


M r W m Duncan 


Mr E Smith 


M r Payne 


M 1 ' Leavitt 


M r N Emerson 


Mr N Hoit 


M 1 ' Simpson 


M r Plummer 


M r Bettan 


Mr Tash 




Nays. 


Nays. 


Nays. 


Nays. 


M r Connor 


M r T Page 


Mr Flanders 


M r Penniman 


M r B Page 


M r Jo s Smith 


M r Shepherd 


M r Griffin 


M r Dodge 


Mr Kellie 


Mr Stiles 


M r Stone 


M r Wiggin 


Mr Carr 


M r Whitcomb 


M 1 " Duncan 


far Clifford 


Mr Waldron 


M r Parker 


M r Nicols 


M r Currier 


M r R Macgregore 


M r Alexander 


M r E Hoyt 


M 1 * Eastman 


Mr Warner 


M r Temple 


M r Freeman 


M r Jab z Smith 


M r Abbott 


Mr M Smith 


M r Norris 


Mr Tibbetts 


Mr P Clark 


M r Rand 


M r Hutchens 


M r Jon a Smith 


Mr J Duncan 


M 1 ' Allen 


M r Tarlton 


M r Knox 


M r Wallace 


M 1 ' Bingham 


M r Young 


M r Godfrey 


Mr Gale 


M r Holmes 





19 Yeas — 47 Nays — so the motion did not prevail 
Motion