A message to the board by Capt. Greenough wth the following

Votes:

Voted, That an Act be past to prohibit all trade and commerce with the Eastern Indians, and that a committee of both houses be chosen for the ends aforesaid.

Voted, That Col° Davis & Col° Wear be of ye Committee for this house to joyn such as may be chosen by the upper house to form an Act to prohibit a trade and commerce with the Eastern Indians.

George Jeffry, Esq., from the Committee appointed to prepare the bill prohibiting a trade with the Indians, laid the same before the board, which was read and past to be engrost; and sent down to the house of represents for concurrence by the Clerk.

Hugh Banfield preferred a petition directed to the Honble the Lt. Gov and Coun: as the Supream Probate, praying for a settle of his father John Banfield's estate, which said petition is ordered to be heard tomorrow.

Adjorned till tomorrow 9 o'clock, A. M.

Pro: N. Hamp❜.

At a General Assem: at Portsm by adjourm' 8br 7th, 1721.

Present in Coun:

His Honour John Wentworth, Esq., Lt. Gov',

Weeks and direct them to have the high-ways within their districts forthwth repaired.

A message to the board by Mr. Dennet wth the bill prohibiting a trade with the Eastern Indians, past in the house to be Ingrost. A message to the board by Mess" Davis & Gillman with a vote for repealing the Impost & Excise Act, wch vote was returned to the house by Geo. Jaffry, to be reconsidered.

Mr. Treasurer Penhallow presented to the board an account of his necessary disbursms for the souldiers gone Eastward, which he was directed to lay before the house of Representatives for their consideration.

[P. 209.] A message to the board by Capt. Tibbitts wth the vote of the house (amended in part) for repealing the Impost & Excise Act, which was again sent down by Geo. Jaffry & Rich Wibird, Esqs. for further amendmt; who brought back the said vote wth some further alteration, which was accepted and concurred with, and is as follows:

FORASMUCH as the Act of Impost, &c., lately past in this Province is resented by the Government of the Mass as injurious to them, upon which they have enacted the imposing severe, uncommon & unneighborly Dutys on provisions and other wares and merchandise that shall be imported and exported to and from y Goverm'; and being given to understand that the execution of s Act is suspended or does not commence until the 20 instant, in expectation of a reconsideration of our Act of Impost, &c., which they say has occasioned such a misunderstanding between the Goverments, for the redressing and removing of which, Voted, That the Act of Impost and Excise of this Province be repealed so farr as relates to Impost on liquor, and Export on boards, provided that the Great and General Assembly of the Massachusetts, in their next sessions repeal their said Act imposing said severe dutys, as also their former Acts laying double dutys on Merchandise imported from their province, powder mony, double light mony, &c., on the vessels of this province, more than

is paid by the vessels belonging to any other the neighboring Goverments, and that an order be issued out to the receiver or receiv ers, that they receive no more until further order, from and after this date. But if in case the said Great and General Assembly of the Massa do not see meet to repeal their sa Acts so farr as affects & relates to this Province, then our Act to remain in full force notwithstanding.

Oct. 7th, 1721.

Dan' Greenough, Cler. Assem.

In Coun:

Eodem die, Voted a concurrence.

Ricdd Waldron, Cler. Con. Hugh Banfield appeared at ye board to prosecute his petition preferred yesterday, and being heard upon it, it appeared fully, that his said father, John Banfield's estate, had [P. 210] been heretofore settled according to law: whereupon it was ordered that the said petition be dismist. R. Waldron, Cler. Con.

A message to the board by Capt. Greenough with an explanatory vote upon a paragraph in the Impost & Excise Act, which was sent down by Geo: Jaffry & Rich Wibird, Esqs., to be amended, who brought back the same vote without any alteration; which is as follows:

Pro: N. Hamp. Whereas the Act of Excise past in General Assem: which was to take effect the nineteenth of July, 1721, wh interferes with the licences taken before, wch terminates ye 6th day of Sept following.

In the House of Represents.

Voted, That the said Act should not take place until sd 6th of Sept, 1721.

Ordered, That the vote of the house sent up yesterday for deferring the payment of the thousand pounds payable into the treasury this year, till 1725, be under consideration till next sessions, and that the treasurer do not Issue out his warrts for ye same in the mean time.

Rich Waldron, Cler. Con.

A message to the board by Capt. Greenough praying a Conference with the Honble the Lt. Gov' and Council upon the subject matter of striking and emitting more bills of creditt for defraying the dayly accruing charge of the Goverm', The request

granted, and the Speak' and House came to the Council Chamber accordingly, and having fully discoursed the point, withdrew to their own apartment.

MEMORANDUM. This day delivered to the Gen' Assem: by the Grand Committee for the management of the fifteen thousand pounds, one hundred and forty three pounds, four shillings and four pence, which was burnt to ashes in presence of the Gen1 Assem: of which sum the sd committee are hereby discharged.

[P. 211.] His Hon' the Lieut. Gov' directed the Clerk to notify the house of Represents that they give their attend" at ye Coun: board. The Speak' and House came accordingly: And the Bill entituled an Act to prohibit trade and commerce with the Eastern Indians being past both houses to be Engrost and Enacted, the same was signed & sealed in p'sence of the Gen' Assem: & then they were,

Adjorned till ye 7th day of Novem', 1721.

Prorogued till Novem2 21, 1721.

Pro: N. Hamp❜.

At a Gen' Assem: held at Portsm by proroga" 9br 21st, 1721.

Present in Coun:

His Honour John Wentworth, Esq., Lt. Gov',

Geo. Jaffry,

Richa Wibird, Esqs.

Mark Hunking, S

Sam' Penhallow, Esqs.

Thos Packer, Esq.

A message to the House (1) by the Clerk requiring their attend" at the board; the Speak' and house came accordingly; to whom his Honour was pleased to make the following Speech:

Gent. The principal reason of my further proroguing the Gen1 Assembly to this day, was to give the other Government time before us to see whether they would repeal an Act lately imposed on this Government so cruel and so oppressive.

I am to let you know that since our last sitting, Mr. Speaker Pierce and Mr. Treasurer Penhallow accompanyed me to Ipswich, where I mett Governour Shute according to appointment, and we

(1) [From Journal of the House.]

Nov. 22, 1721. Prov: N. Hampr.

George, &c.

Whereas sundry members of ye house were delinquent, according to ye adjournmt from Novembr 7th to 21st of sd month, a warrant was issued out from this house pr. Mr. Speakr for their appearance.

discoursed matters relating to the above Act, &c., and came to this resolve, That in case the Mass will drop all their impositions [P. 212.] formerly and lately laid on this Goverment, that then and in such case we will do the same, (viz.) Drop all Dutys laid by us on them, or in such wise as they do by us; his Excellency has promised his best endeavors shall not be wanting for the accommodation thereof.

Now in case the Massa does not redress us, then we have noth ing more left us but to state the case fairly, and to Address his Majesty, by our Agent, Mr. Newman; and you may be assured that I will do everything in my power for the repealing that Act. When our Act and that of Massachusetts comes before impartial Judges, ours will be thought no hardship, but wt one Goverment may lay on another: but theirs will look cruel and oppressive.

I would recommend to your consideration the fifteen hundred pounds collected last year, and should have been burnt according to act of General Assembly; for what reason that mony was misapplyed, Mr. Treasurer is to account for. I hope you will consider of ways and means to bring it into the treasury again, that so it may answer the just end for which it was made.

I remember last year there was a motion made for calling in the fifteen penny bills of Creditt, many of which were found to be counterfeited. It will be well worth your while to consider and raise mony for that use on a good fund, and putt into the Treasury for Exchanging sd bills, and that you will take care that his Excellency may be provided for as usual, that so the honour of this His Majties Government may be supported.

Adjorned till tomorrow, 9 o'clock, a. M.

J. WENTWORTH.

Pro: N. Hamp❜.

At a Gen' Assemy held at PortsmR by adjornm', 9br 22a, 1721.

Present in Councill,

His Honour John Wentworth, Esq., Lt. Gov',

Sam! Penhallow,} Esqs.

Richa Wibird,}

Tho' Packer,

Adjorned till to morrow, 9 o'clock, A. M.

Esqs.

[P. 213.] Pro: N. Hamp'.

At a General Assem: held at Portsm by adjornm', 9br 23d, 1721.

Present in Coun:

His Honour John Wentworth, Esq., Lt. Gov',

Sam' Penhallow,

Mark Hunking,

Esqs.

Geo. Jaffry,

Adjorned till Monday next, the 27th instant, at 10 o'clock, A. M.