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. 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 Portsm", 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 with 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creditors on the account of the Law in relation to the statute of Banckrupts, In Councill Voted, That the said Act be repealed, and hence forward be of none effect. 8br 7, 1717.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 wth 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-hold's 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 Gov 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 yor Excellency's Commission and Instructions that none else is invested wth powr 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 Indas was attended wth so much success,* and are ready and willing to fall in wth any measures that the good agreemt wth them may be continued & any grievances may be redrest. We observe the affairs of yr other Governmt will quickly call you hence; wherefore we shall attend ye present busyness with 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 gbr, 1717. Adjorned to tomorrow 9 o'clock, a. M. Tho: Packer, Speak'. 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 Gov' 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 adjournm of the house, you must necessarily as such cease to be; & in our opinion cannot wout 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 im plicitly confirming our opinion, that you are not looked upon as a House of Representatives-We count it not safe for us to act w you, as you were on ye 24 of Sept. last dissolved untill new elected and qualifyed legally. Sbr. 7th, 1717. We subscribe o'selves yor hum: servts, Jos. Smith, Jn° Tuck. [P. 80.] Col. Jos. Smith, Maj. Peter Wear, Esq., and Mr. Juo Tuck were sent for to this board, & examined apart concerning the afores paper, by them subscribed;- wch examination is on file.* Jno. Tuck being sworn: * [Copied from the Paper on file.] Ye Govr. asked, Who was at ye town meeting? Tuck answered, Abt sixty men. Govr.: Who wrote the Town Vote? I wrote it. Govr.: Did nobody dictate to you? Tuck: There was several p'sons p'sent when I wrote it. Govr.: Who dictated to you? Messrs. Smith & Wear & myself did it amongst us. Govr.: Whether the paper signed by Messrs. Smith & Wear & yourself was read in ye town meeting? Tuck: Yes. Govr.: Was it read before or after the vote? Tuck: I don't certainly know, but I believe before ye vote. Majr. [Wear] being sworn, to give true answers to such: Govr.: Did you draw up ye vote? Wear: I did not. Who did draw it up? Wear: I don't know. Govr.: Was ye pp. signed by you putt into ye Genl. Assembly, read in Town meeting? I think it was, I can't certainly say if it was. Was it read before or after ye election? I don't know. Govr.: Wt was ye design of that pp. signed by you, &c.? It was given as reasons for our not sitting. Joseph Smith being sent, for came, & being sworn: Govr.: Did you write the vote of ye town? Smith: No. Govr.: Who did, were you not concerned? I wrote part of it. Did you write the pp. putt into ye Assembly, signed by yourself, Maj. Wear & Mr. Tuck? did you sign it? I did. Was it read in town meeting? No, but something like it or to ye same effect. Govr.: Where is yt pp. that was read? Smith: I have it. Govr.: Let me see it. Smith: I have not got it here. Where is it? I will send it. Col. Smith, Maj. Wear & Mr. Tuck Examination, 8br 8th, 1717, minuted as follows. Jno. Tuck on oath informed: That there was abt 60 men at the town meeting; that he wrote ye town vote for electing ye Assembly men; that Joseph Smith & Peter Wear dictated to him in writing sd vote, and that the paper signed by Joseph Smith, Peter Wear and himself was read in ye town meeting, but whether it was before or after ye vote was past he did not know. Maj. Wear on oath informed, that he knew not who drew up ye town vote & could not certainly say whether the pp. signed by Joseph Smith, Esq., himself and Mr. Tuck was read in the town meeting or not, but that he believed it was. Then the Govr. asked wt ye design or end of that pp. was; to which he answered:- to shew the reason why they would not sitt in Genl. Assembly. Jos. Smith, Esq., on oath informed, that he wrote part of the town vote, and that he wrote the paper that signed by himself, Peter Wear, Esq., & Mr. Tuck; that the said pp. was not read in town meeting, but something like it, or to ye same effect; which being demanded by ye Govr., he answered, he had it not there, but wd send it to his Excellency. Then they withdrew. [Vote of the Town.] At a Legall meeting of ye freeholders of ye town of Hampton, the 7th of ye 8th mo. 1717. Then chosen moderatr, Jno. Redman, sen. Voted, That whereas, Wee ye town of Hampton, did elect Coll. Joseph Smith, Maj. Peter Wear & Mr. John Tuck our Representatives to sitt in ye late Generall Assembly, which Assembly was dissolved by his Maj'ty's Lt. Govr. Vaughan, as appears to us of Records: And now, having Rec'd a precept from his Excellency Govr. Shute, Capt. Paul Gerrish & Lt. Benj" Wentworth having received commissions for Capt. and Lieut. of a troop of Horse in Dover, & Mr. James Jeffrey a Commission for Coroner & Notary Publick wthin this Province,-all took the oaths instead of the oathes of allegiance and supremacy, & ye abjuration oath accordingly. The Clerk was sent down to the house of representatives we a vote for a Committee of Auditt, &c., wch was returned from said house by Jotham Odiorne, Esq., concurred wth, & is as follows: In Councill. Voted, That Mark Hunking, Jno. Wentworth & Geo. Jeffrey; '. Esqs., be of a Committee from this board to joyn wth such as shall be chosen by the house of representatives, to receive the claims and auditt the accounts due from this Province. 8br 8th, 1717. Rich Waldron, Cler. Con. Read three times in the House of representatives and voted a concurrence. Voted, that Col. James Davis, Jn° Gillman, Esq., & Josh. Peirce be a Committee from this House to joyn ye Committee of the upper house for the auditt of the Prov: claims, in order to be laid before ye Assemb for allowance. Adjourned to 3 o'clock, P. M. Josh. Peirce, Clerk of Assem. [P. 81.] Pro: N. Hamp'. Mett according to adjournm'. Present in Councill- as before. The clerk was sent down to ye House of representatives wth a vote for chusing a committee to prepare several bills in ord❜ to their being past into Acts, &c. His Excellency the Gov' and Councill having considered the af fairs of Jos. Smith and Peter Wear, Esqs., & Deacon Jno Tuck, Ordered that that they be brought to the Councill board. They appeared accordingly, where was read to them the following vote of Councill: In Councill. Whereas, a libel has been drawn up and signed by Joseph Smith for a new choice to joyn ye sd Assembly, dismist as above said; In answer to which wee say: If ye Representatives of our town are dismist, the whole are dismist. And wee humbly declare wee are of opinion not to joyn Assembly men with such as are not legally chosen & quallifyed. Vera Copia. Test. Jno. Tuck, Town Clerk. |