Spring, when we shall have more time to sitt, think of some measures to promote naval stores, wch will be very acceptable to his Maj'tie, and very beneficial to this Province. Oct. 24, 1717. Adjorned to 3 o'clock, P. M. SAML. SHUTE. [P. 74.] Pro: N. Hamp'. Mett according to adjornm'. Present in Councill As before. His Excellency produced and lay'd three lett'rs before this board from Whitehall; the one directing his Excellency to send home an account of the State of this Province; the second was directing the method of drawing out the Minutes of Councill and Gen Assembly from the Journals in order to be sent home; and the third ordered the publishm2 of two articles out of the treaty of peace and neutrality in America, conducted between England and France the 6-16 day of 9br, 1686. Whereupon it was In Councill Ordered, That a Proclamation be issued out accordingly. Rich Waldron, Cler. Con. Sam Penhallow & George Jeffrey, Esqs., were sent down to the house of Representatives to ask whether they wanted to be informed in any matters that caused their delay of busyness. Rich Wibird, Esq., was sent down to the house of Representatives to require their attendance at the Councill board; they came accordingly; where his Excellency ord'ed to be read to them the minute of Councill abt Mr. Penhallow's being suspended, &c. He also read to ym several of his Instructions relating to that matter. Adjorned to 9 o'clock tomorrow. By error in the original Record, 74 and 75 are repeated. [P. 75.*] Pro: N. Hamp'. At a Gen' Assembly held at Portm by adjourm Oct 3d, 1717. Present in Councill, His Excellency Sam' Shute, Esq., Gov', Whereas on Wednesday the 24 gbr, the speaker of ye house of Representatives came to the Councill board, & there informed his Excellency in Councill, that Jos. Smith and Peter Wear, Esqs., and Mr. John Tuck refused to sitt in Gen' Assembly, and said that if they were chosen again pr a new p'cept, they would not serve in said Assembly: It was desired by the Councill that a p'cept might be issued out for other Representatives for the town of Hampton, in the room & stead of ye aforesd Smith, Wear & Tuck; and his Excellency thereupon issued out a p'cept accordingly. His Excellency the Gov' ordered the clerk of the Councill a the Councill board, That, whereas he now had the Prov: Seal in his custody that he should not deliver the same to any p'son bu by his especial ord2 y′for. John Usher, Esq., p'sented these papers to this board, directed to his Excellency the Govr & Councill; the one a complaint agst Lt. Gov. Vaughan for irregularly entering upon the Governm2; the second, agst Maj. Vaughan & Capt. Pickerin for their mismanagement as recorders; & the third, agst Col. Vaughan & Col. Waldron as Justices of the Inferiour Court of Common Pleas : he also p'sented a fourth pp [paper] respecting the wast lands of this Province, &c., all which are on file. Geo. Jeffrey, Esq., in behalf of Maj. Peter Wear, p'ferred a Petition to this board to have a new township laid out on the wast lands wthin this Prov: as on file. Adjorned to 3 o'clock, P. M. [P. 76.] Pro: N. Hamp'. Mett again according to adjornm1. Present in Councill, as before. Col. Davis & Capt. Odiorne, Esq., brought a vote to this board from the house of Representatives requesting his Excellency the Gov to send a p'cept to Hampton for Assembly men, &c., as on file: and also prayed leave of his Excellency in behalf of the house, that they might adjourn to Monday next. Adjorned to Monday next, 3 o'clock, P. M. *Repeate l by error in the original. Pro: N. Hamp'. At a Gen' Assembly held at Portsm by adjornm October ye 7th, 1717. Present in Councill, His Excellency Sam' Shute, Esq., Gov', Sam' Penhallow, Mark Hunking, Esqs. Geo. Jeffrey, Shad. Walton, Esqs. Rich Wibird, Mr. Geo. Walton & Mr. Geo. Walker appeared at this board to prosecute their petitions abt being bankrupts, wch were both granted after the petitioners had taken the oaths as ye law directs in such cases, & it was in Councill ordered, That Messrs. Knight, Ayres & Field be commissioners to receive the claims due from said bankrupts' estate, &c., & that the clerk prepare Commissions accordingly. Rich Waldron, Cler. Con. In Councill. Whereas Mrs. Hannah Jose appeared at this board & made Information that the surveyors of high-ways for ye town of Portsmo had by ord' of Quart Sessions of the Peace layed out a highway through her land, wthout any satisfaction made her therefor, very much to her damage, and prayed she might be considered in yt regard; it was In Councill [P. 77.] Ordered, That the selectmen of sd Portsmo, be notifyed to chuse one p'son, & Mrs. Jose another, to apprise the damage she sustains by having said high-way laid out through her land, and that the town of Portsmo' pay her therefor as also for her fence. Rich Waldron, Cler. Con. The clerk was sent down to the house of Representatives wth a vote for repealing the Act abt banckrupts. Jotham Odiorne & Capt. Jno. Gillman brought up the following vote to this board from the House of Representatives, wch was sent thither for concurrence. It appearing to this board that a great many inconveniences happen unto several creditors on the account of the Law in relation to the statute of Banckrupts, In Councill Voted, That the said Act be repealed, and hence forward be of none effect. 8br 7, 1717. Rich Waldron, Cler. Con. Read three times in the house of Representatives, and voted a concurrence. Josh. Peirce, Cler. to ye Assem3. Jotham Odiorne and Capt. Jn° Gillman brought the Sheriff's precept (to the Selectmen of Hampton for chusing Assembly men) to this board, together with the selectmen's return on the back side thereof, which paper was sent back by Mark Hunking and Geo, Jeffrey, Esqs., they being directed by his Excellency the Govern' to demand the reason of the House of representatives of their sending sd pp. to the Councill board: wch was performed; and the House by them returned the following answer: (viz.) To pray the opinion of the board upon it. To which ye board made ye following reply, & sent it the House pr. Sam' Penhallow & Jno. Wentworth, Esqs.: (viz.) That the free-holds at Hampton had not made a choice of ye representatives agreeable to the precept sent them. [P. 78.] Jotham Odiorne, Esq., and Capt. Jn° Gillman brought the House of representatives' answer to ye Govs Speech to this board; wch is as follows: Portsmo, In N. Hamp". May it please your Excellency : We have considered yo' Excellency's speech, and imbrace this opportunity to resent the illegal, unwarrantable and imprudent management of the Lt. Gov in his late practices, wch so very much tend to the destruction of Governmt, and confusion and ruin of this Province. We are sensible by yo' Excellency's Commission and Instructions that none else is invested wth pow" of Governm but yo'self, while in America; and by the Lt. Govrs Commission we observe that he is onely to p'form such instructions and ord as he shall receive from the King, or from his Command-in-chief for the time being; and for him to act, without either is unwarrantable; but to act contrary thereto is illegal and highly imposing on his Majties good subjects, directly leading them into distraction and confusion, the event of wch may be ye worst of evils. That such proceedings may be prevented for the future, we pray that care may be taken yt loyalty, peace and unity may be p'served & continued. We rejoice yo' Excellency's interview with ye Eastern Indns was attended wth so much success,* and are ready and willing to fall in with any measures that the good agreem' with them may be continued & any grievances may be redrest. We observe the affairs of y' other Governmt will quickly call you hence; wherefore we shall attend ye present busyness wth all *See account of the Conference and Treaty with Eastern Indians, in Records preceding-pp. 693-701. application & diligence that the publick affairs that cannot now be finished may be prepared agst ye next session. 7th 8br, 1717. Adjorned to tomorrow 9 o'clock, A. M. Tho: Packer, Speak". Shad. Walton, Esqs. Col. Davis and Capt. Jotham Odiorne, Esq., brought two papers from the House of Representatives to this board; ye one a copy of a vote out of Hampton town book, concerning Messrs. Smith, Wear & Tuck, representatives for sd town, as on file; and the other a paper signed pr. the said Smith, Wear & Tuck, and by them p'sented to the house of represents, wch is as follows:— Pro: N. Hamp❜. To the members of the late House of representatives for said Province: Gent",-The words in the King's Commission to His Excellency Col. Shute appears to us very plain (viz.), that when the Gov is absent out of the Province, then his Hon' the Lt. Gov is authorized and impowerd to execute the powers contained therein, untill ye Govern's return into said Province: Now it is most certain ye Govr was not in this Province the 24th day of Septemb' last past, when the Lt. Gov' disssolved the Genl. Assembly. Gent-Were there any room to dispute ye legality of the dissolution, and it should appear as illegal, yet sure notwithstanding that inasmuch as there was no adjournmit of the house, you must necessarily as such cease to be; & in our opinion cannot without dishonour to the Crown, imposition on the people and danger to y'selves, be capable of acting again, wthout a new election & new qualifications of the whole house; So that we, the subscribers, being now chosen by his Excellency ye Govs p'cept, thereby implicitly confirming our opinion, that you are not looked upon as a House of Representatives We count it not safe for us to act wth you, as you were on ye 24 of Sept. last dissolved untill new elected and qualifyed legally. 8br. 7th, 1717. Gent", We subscribe o'selves yor hum: servts, Jos. Smith, Jn° Tuck. |