USA > Massachusetts > Journals of the House of Representatives of Massachusetts > Part 6
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Mr. Speaker and the House went up accordingly, and His Excellency made a Speech to the Court, whereof Mr. Speaker obtain'd a Copy, and with the House return'd to their own Chamber.
His Excellency's Speech, Read, and is as follows, viz.
GENTLEMEN,
A T the Last Sessions of this Assembly I earnestly recommended to you the Rais- ing of 22000 1. Granted & Determined by two former Assemblies of the Prov- ince, for the Drawing in of that Sum of the Province Bills, Raised & Emitted for the Support of the late War, and Trouble with the Indians; which said Acts of Assembly were Passed, by the Representatives, and the Council of the Province, and Presented to the Governour to be Sign'd, & Pass'd by the Seal in due manner and accordingly in that Form, were sent home, and are there of Record, and Accepted by the Right Hon- ourable the Lords of the Council of Trade & Plantations, as I was Commanded by the Instructions for the Government, of which every body Concerned, being apprized, I made no doubt you would without any Delay have Proceeded to Apportion, and Levy it as those Acts Direct; as also the Impost & Excise, which is thereby in like manner De- termined, to be Raised in Aid, of the said Taxes severally; You are all sensible how well & thriftily, as well as successfully those Sums were Disbursed, and applyed to De- fray the necessary Expences of the War, and with what Honour your Bills Passed for the Support of those heavy Charges, without any Disparagement: And its as easy to see how the Credit of those Bills, must needs sink & fail, if the present or any future
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Assembly, shall upon any Pretence whatsoever, break in upon those Clauses in the Said Acts, for the time of Payment, which I am willing to give my Opinion, We have no Power to do. Nor if we had, any reason at present to Project it, for that we are in Peace, and very capable to Discharge our Debts, in such Proportion as they are De- termin'd, and since we have neither Power, nor need to delay the Payment, I am of Opinion we shall Disparage the Publick Faith of the Province, to that Degree that our Bills will fail in their Value, to the very great Injury of every Body that have taken them, or are in Possession of them; and in this we are justified by His Majesty's Most Gracious Speech from the Throne, "That nothing can contribute more to the Support "of the Credit of the Nation, than a strict Observance of Parliamentary Engagements. [ 36 ]
I therefore earnestly Recommend the Consideration of the Tax, Impost and Excise to your present Resolves, and hope you will make no Delay but pass through them, in two or three Dayes, not admitting of any other business this Session.
You will also Remember, That the Treasurers Support in his Office, is not provided for, and others in Office at Home or Foreign depending on your Justice, and respect to them in such manner, as has been usual; which being done. I shall not further Delay your own Business, which Demand your being at home.
I shall Account my self happy to see these Affairs well agree'd, and there shall be nothing wanting on my Part for His Majesty's Service, the Honour of the Govern- ment, and the benefit of all His Majesties good Subjects concern'd herein.
J. DUDLEY.
A Bill Intituled, An Act in Addition to an Act for Regulating of Fees. Read a first and a second time.
A Bill Intituled, An Act in Addition to an Act for Erecting a Powder-house in Boston. Read a first and a second time.
A Bill Intituled, An Act for the more safe keeping the Registry of Deeds & Convey- ances of Lands. Read a first and a second time.
A Bill Intituled, An Act in Addition to an Act of Limitation, for Quieting of Pos- sessions. Read a first and a second time.
A Bill Intituled, An Act for Building & Maintaining a Light-house upon the Great Brewster, called Beacon Island, at the entrance of the Harbour of Boston.
Read a first and a second time.
Mr. Gershom Hall return'd Representative of the Town of Harwich, who was not present at the last Session, now appeared. And made his Excuse to the House for his Absence the last Session.
Ordered, That his Excuse be accepted, and that he go up to the Board to be qualifyed by taking the Oaths, &c.
,
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Some Letters advising that the Cape Sables Indians had taken some Fishing Vessels belonging to Inhabitants of this Province; Sent down from the Board & Read. And the Governours Orders to Capt. Cayley Commander of His Majesties Ship the Rose Man of War, to take on board & transport Col. Edmund Goffe, and Capt. Cyprian Southack, Commissioners appointed to Treat with the said In- dians, and know the reasons of their Insulting the Fishery, and Taking the Ves- sels, and Demand their Restoration; and to Conciliate and Establish Friendship with the said Indians. Read.
Post Meridiem.
A Petition of Archibald Stobo, a Minister of the Gospel, lately arriv'd from Carolina, Driven from his Habitation there by the Hostility of the Indians, pre- sented to the House & Read, praying that the Duty upon Eleven Negro Women and Children by him Imported, may be abated.
A Message from the Board by Andrew Belcher Esq; That Capt. Southack being sick, Col. Higginson & Col. Goffe are appointed Commissioners to go and Treat with the Cape Sables Indians. And His Excellency & Council desire the Clerk of this House may be spared to go with them, and assist in that Service, being ac- quainted with the Treaties that have been with the Indians.
A Message sent up to the Board by Mr. William Paine, That the House (as his Excellency in his Speech to the Court Directs) are desirous to Dispatch the busi- ness of the Session as speedily as possible, & therefore can by no means spare their Clerk.
His Excellency's Speech Read again, and that Paragraph thereof which relates to the Levying of 22000 1. this Year, long debated, and a Resolution formed.
I N Consideration that the Trade of this Province, is greatly Obstructed, & sunk by the Exportation of the Coin, and for want of a Medium of Exchange, & the only Medium [ 37 ] now passing in Trade, is the Bills of Publick Credit, which are so far drawn in already, that by reason thereof the Inhabitants of this Province, will labour under great Difficulty to pay the Tax of Twenty two Tousand Pounds, granted to be raised this Year within the same. And Considering, That no Damage will accrue to the Publick, or to private Persons, the Possessors of the Bills: (this Court having abund- antly secured the Credit of the Bills by making them a legal Tender) but Conveniency, and Advantage to both by Protracting the Payment, of part of the said Tax to a further Convenient time.
Voted, That Eleven Thousand Pounds only of the said Sum, be Levied and Col- lected this present Year, and that the Impost and Excise be a Fund & Security for drawing in the Sum of Four Thousand Pounds more thereof.
And that the remaining Sum of Seven Thousand Pounds be Levied at the Ses-
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sion of this.Court in May, 1722. and paid into the Treasury by the last Day of December next after. Sent up for Concurrence.
And then the House Adjourn'd till to Morrow Morning Nine a Clock.
Tobis 21 die Julii 1715.
A Bill Intituled, An Act for Granting to His Majesty several Rates & Duties of Impost & Tunnage of Shipping. Read a first and second time.
. Resolved, That the Bill do pass to be Engross'd. Sent up for Concurrence. Ordered, That Mr. Paine, Mr. Remington, Col. Thaxter, Mr. Balch, and Capt. Cawley, Go up to the Board, and acquaint his Excellency, That this House desire to be Informed, Whether His Excellency has consented to the several Publick and Private Bills, pass'd by both Houses at the last Session. And what steps have been since taken for the Repair of the Fort at Brunswick near Pejepscut Falls ? Who Return'd, That His Excellency had consented to the several Bills, but His Excellency had still under consideration the Vote on the Petition of Richard Coomes. And that nothing was yet done to the Repairing of the Fort at Brunswick.
A Bill Intituled, An Act for Building & Maintaining a Light-house, upon the Great Brewster (called Beacon Island) at the Entrance of the Harbour of Boston. Read a third time, and
Resolved, That the Bill do pass to be Engross'd. Sent up for Concurrence. A Bill Intituled, An Act in Addition to an Act for Regulating Fees.
Read a third time, and
Resolved, That the Bill do pass to be Engross'd. Sent up for Concurrence. A Bill Intituled, An Act in Addition to an Act for Erecting of a Powder-house in Boston. Read a third time, and
Resolved, That the Bill do pass to be Engross'd. Sent up for Concurrence.
A Bill Intituled, An Act in Addition to an Act of Limitation, for Quieting Posses- sions. Read a third time, and
Resolved, That the Bill do pass to be Engross'd. Sent up for Concurrence. A Bill Intituled, An Act for the more safe keeping the Registry of Deeds & Convey- ances of Lands. Read a third time, and
Resolved, That the Bill do pass to be Engross'd. Sent up for Concurrence.
Post Meridiem.
The Petition of Archibald Stobo, praying as entred Yesterday. Read again, and Ordered, That the prayer of the Petition be Granted. Sent up for Concurrence.
A Bill Intituled, An Act granting to His Majesty an Excise upon Wines, Liquors and other Strong Drink, Sold by Retail. Read a first and second time.
Resolved, That the Bill do pass to be Engross'd. Sent up for Concurrence. [ 38 ]
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W Hereas the Subjects of the French King are vigorously carrying on a very considerable Settlement at Cape Breton, which must necessarily demand large Supplies, of Provisions, Timber, Plank Boards, Nails, &c. for the well effect- ing thereof. And inasmuch as there are just Grounds to believe that some evil Minded Persons, in this as well as the Province of New-Hampshire, in manifest contempt of the Fifth & Sixth Articles of a Treaty for a Neutrality, in America, between England and France, made at Whitehall the 6th of November, 1686. wherein it is Inserted, in the Fifth Article of the aforesaid Treaty, "That if any "Ship or Vessel shall be found Trading or Fishing, contrary to the Tenour of the "aforesaid Treaty, the said Ship or Vessel with its Loading, proof being made "thereof, shall be Confiscated. Which Articles were lately sent from the Secretary of State to this Government, for their Observation thereof, and Printed & Pub- lished here. As also a Proclamation against a Commerce & Trade, with the French of Canada, Cape Breton, &c. Issued forth by Order of the Governour, with the Ad- vice of the Council the 3d Day of January last past, and one other of the same Import, on the 29th Day of March last past, for the Lucre of gain have from time to time furnished the French at Cape Breton, with Live Cattel, Pork, Corn, Lum- ber, and other things, without which the aforesaid Settlement would have been very much Retarded, if not wholly Defeated.
Wherefore Resolved, That a Message be sent up to His Excellency the Governour to desire that he would be pleased to Order Capt. Cayley in His Majesty's Ship Rose after he has accomplished his intended Cruise to the Eastward, forthwith to proceed to Cape Breton, and there to Cruise as long as the Season will allow; to prevent the aforesaid clandestine Trade, which will be of great Service & Honour to the Crown: But if not timely done, may prove very injurious to this Province, with respect to the Fishery, which at all times deserves a very great Regard. And that the Commissioner be Instructed, to proceed to Cape Breton, and acquaint the Chief Officer there of the Insults & Captions, made by the Indians & French amongst the Fishery, on the Coast of Nova Scotia, which the Indians do affirm was by the Instigation of the French at Cape Breton, from whom they have re- ceived great Presents; which is a manifest Breach of the Peace concluded be- tween Her late Majesty, and the Most Christian King; and that this Govern- ment accordingly represent the same to His Majesty.
The Petition of Samuel Sewall Esq; pass'd upon in this House the last Session. Brought down from the Board, not having been pass'd upon there. Read again, and the Vote of this House thereon, and
Ordered, That the said Vote be Revived, and sent up for Concurrence.
A Plat of Seven Hundred Acres of Land, laid out by John Gardner, Surveyor, and the Chain-men under Oath, for John & Nathanael Higginson, pursuant to the Order of this Court at their last Session. Presented to the House for Confirmation.
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Ordered, That the Land laid out and protracted in the said Plat be confirmed as the Seven Hundred Acres formerly Granted to the late Reverend Mr. John Higginson: Provided it Intrench not upon any former grant. Sent up for Con- currence.
And then the House Adjourn'd till to Morrow Morning nine a clock.
Deneris 22 Die Julii 1715.
T He Precept last sent to the Town of Rochester, Return'd into the House, and Mr. Samuel Prince their Representative; who appear'd: And went up to the Board to be qualified by taking the Oaths, &c.
A Letter from Major John Jencks of Providence, Moving that the Line be- tween this Government and that of Rhode-Island, may not be Settled, according to the last agreement of the Commissioners for that end. Read. [ 39 ]
A Report of Eliakim Hutchinson, &c. the Committee appointed the last Year to count & burn unserviceable Bills in the Treasury, Dated January 24. 1714. Read. Signifying, That they had then counted & burnt the Sum of 14427 l. 4 s. of the said Bills. 2589 l. 9 s. 9 d. thereof being part of the 40000 l. Loan received into the Treasury, the remaining 11837 l. 14 s. 3 d. thereof being such as were Exchang'd.
Ordered, That the Treasurer be Discharged of the said Bills, which the Com- mittee Report on the other side they have seen burnt to ashes. Sent up for Con- currence.
A Report of the Committee last mentioned, Dated March 24. 1714 Read. Shewing,
That they then had counted & burnt of Bills receiv'd in exchange. l. 6000 00 0 Of Province Neat Bills. 15638 12 I
Receiv'd into the Treasury with 5 per Cent. advance, is 781 18 7
1. 22410 10 8
Ordered, That the Treasurer be Discharged of the Bills, which the Committee report on the other side they have seen burnt to ashes. It being agreeable to the Treasurers General Accompts, pass'd by this Court at their Session in May last, so far as relates to them. Sent up for Concurrence.
A further Report of the Committee last mentioned, Dated, May 19. 1715. Read. Shewing, That they had then counted & burnt, 7953 l. 5 s. 7 d. of the said Bills of Publick Credit, that were receiv'd in Exchange as not fit to pass any longer.
Ordered, That the Treasurer be Discharged of the Bills which the Committee report on the other side, they have seen burnt to ashes.
Sent up for Concurrence.
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A Petition of Peter Roe, James Younglove, John Burbank & Jacob Adams jun. Selectmen of the Town of Suffield, presented to the House & Read, Shewing, That pursuant to the Order of this Court at their last Session, the said Town had a Meeting and chose Town Officers, but that John Austan, Clerk of the said Town the last Year, detain's and refuses to Deliver the Town Book to the Town Clerk chosen for this Year, which creates confusion in the affairs of the Town. Praying Remedy.
Resolved, That John Austan the late Town Clerk of Suffield, be preremptorily required to deliver the Town Book & Records to Joseph Winchel, the person last chosen and Sworn to be Clerk of the said Town, upon the Penalty of paying Ten Pounds per Week, for the use of the County of Hampshire, for every Week he con- tinues to detain them, after the said Winchel makes demand thereof.
Sent up for Concurrence.
The Vote of this House pass'd the 20th Currant for a Tax of 11000 l. only to be raised this Year. Sent down from the Board, pass'd on there, viz. In Council July 21. 1715. Read and Non-concurr'd.
Ordered, That the said Vote be Insisted on, and sent up.
A Petition of Zechariah Tuthill Lieut. & Master Gunner, of His Majesty's Cas- tle William, presented to the House & Read, praying, That Arrears of Wages due to him may be paid; as set forth in the Petition.
Ordered, That the said Petition be referr'd to the next Session for further Con- sideration.
A Petition of Mary Haddrell, and Magdalene Beauchamp, lately arrived from Carolina, being driven from their Livings there by the Incursions of the Indians, presented to the House & Read, praying, That the Duty on Eight Negro Slaves belonging to them here Imported, may be abated.
Resolved, That the prayer of the Petition be granted. Sent up for Concurrence. A Message from the Board by John Higginson, Andrew Belcher, John Cushing and Addington Davenport Esqrs; Moving, That in the Bill for the Erecting & Maintaining a Light-house, &c. the Vessels belonging to the Province of New- Hampshire, may be inserted among those that are to be accounted Coasters.
The Question being put, Whether the House agree to the said Amendment ?
It pass'd in the Negative. [ 40 ]
A Message was sent up to the Board to acquaint them with the said Vote.
A Petition of James Minot, and Sixty seven others, presented to the House and Read, praying, That a Tract of Land of Eight Miles square, lying on the Westerly and Northerly sides of Brookfield, may be granted to them and made a Township, and that they may have leave to purchase the Indian Title thereof.
Ordered, That the said Petition be referr'd to the next Session, for further con- sideration.
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Post Meridiem.
Whereas this Court have ordered the Calling in & Exchanging of several of the De- nominations of the Bills of Publick Credit on this Province; and many of the Bills that are paid into the Treasury are Torn & Defac'd which can be of no use, but some haz- ard to lodge long in the Treasury.
Ordered, That the Representatives of the Town of Boston, Capt. Chambers. & Mr. Denison with such as the Honourable Board shall Nominate, be a Commit- tee, at any time (between this Session & the Session of this Court in May next) when the Treasurer shall have Two Thousand Pounds, or more of Bills in the Treasury, that are received in Exchange, as aforesaid, or otherwise defac'd, and unfit for use, at his application to them, to take an account of the Number of each of the sorts of the said Bills, and the Sum the whole amounts to, and give the Treasurer Receipt for them; and burn the said Bills to ashes, and make report of their doings to this Court, as often as there shall be opportunity, whose Receipt shall be a Discharge to the Treasurer equal to what the said Bills would have been, if they had continued in his hands.
Sent up for Concurrence.
A Petition of Amos Merrel of Boston, presented to the House & Read, praying, That the Taile upon the Land descended to him from his late Father Jeremy Mer- rel, may be cut off for reasons therein mentioned.
Ordered, That the said Petition be Referr'd to the next Session, for further con- sideration.
A Petition of William Manley Sen. and fifteen others, Inhabitants of the Tract of Land commonly called Taunton North Purchase; presented to the House & Read, praying, That they may be form'd into a Township, for reasons therein mentioned.
Ordered, That the said Petition be Referr'd to the next Session, for further consideration.
Resolved, That the Sum of Five Hundred Pounds be allowed and paid out of the Publick Treasury, to the Committee appointed by this Court, to Erect a Light- house on Beacon Island at the Entrance of the Harbour of Boston, pursuant to an Act of this Court, for a present supply towards the carrying on of that affair, who are to keep, and render fair Accompts of their Disbursing thereof to this Court.
And the said Committee are hereby Impowred to Treat with the Owners of the said Island, and purchase it of them, for the said Service.
Sent up for Concurrence.
A Bill Intituled, An Act for Establishing a Rule for the Apportioning of Town & County Assessments, for the Year Seventeen Hundred & fifteen.
Read a second & a third time.
Resolved, That the Bill do pass to be Engross'd. Sent up for Concurrence. The Vote of this House pass'd the 20. Currant for the Raising of a Tax of
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11000 l. only this Year: Sent down again from the Board, pass'd upon there, viz. In Council July 22. 1715. put to the Vote whether the Board do Insist on their Vote of Non-concurrence, within-mentioned, on the 21 July Currant?
Pass'd in the Affirmative.
For that the Grant of Twenty Two Thousand Pounds mentioned in the Intro- duction, to the Vote of the House of Representatives, cannot justly be taken away, altered, or abated by this Court.
And then the House Adjourn'd till to Morrow Morning Nine a Clock. [ 41 ]
Babbati 23 Die Julii 1715.
A Petition of Joseph Lord Pastor of the Church at Dorchester in South Caro- lina, praying, That an Indian Girl his Servant attending upon Two of his Children, whom he has sent to this Province to avoid the Danger of the Indian Enemy, may be allowed to be Imported & Remain here for that Service, the Law of the Province to the contrary notwithstanding. Sent down from the Board pass'd upon there, viz. In Council July 20th. 1715. Read & Ordered, That the prayer of this Petition be granted, provided the Petitioner engage, to Transport the Indian Girl, when his Family go from hence; and that he do not make Me -- chandize of her in the mean time. Sent down for Concurrence.
Read & Concurr'd.
The Vote of this House pass'd the 20th currant for a Tax of 11000 l. only to be Raised this Year, and the last Vote of the Board thereon entred yesterday further considered, and
Ordered, That the Vote of the House be adhered to, and sent up.
An Engross'd Bill, Intituled, An Act for Granting to His Majesty several Rates & Duties of Impost & Tunnage of Shipping. Read and
Resolved, That the Bill do pass to be Enacted.
An Engross'd Bill, Intituled, An Act for Building & Maintaining a Light-house upon the Great Brewster, called Beacon-Island, at the Entrance of the Harbour in Boston. Read and
Resolved, That the Bill do pass to be Enacted.
An Engross'd Bill, Intituled, An Act Granting to His Majesty an Excise upon Wines, Liquors, & other Strong Drink, Sold by Retail. Read and
Resolved, That the Bill do pass to be Enacted.
A Plan of One thousand Acres of Land lying ten Miles, South-westward of Wa- chusett-Hill, laid out several Years since by John Haynes, Surveyor, pursuant to a Grant made Anno 1681. to the Six Youngest Children of Major Simon Willard, and now renewed by John Haynes, Surveyor, Son of the said John Haynes; pre- sented to the House by Samuel Sewall Esq; for confirmation. And the following Vote pass'd thereon: viz.
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Ordered, That the Land contained in the Plat above Delineated, be allowed and confirmed to be the Thousand Acres granted to the Six youngest Children of Major Simon Willard in the Year 1681. Sent up for Concurrence.
A Draught of a Stone Fort proposed to be Erected at Pejepscut Falls in Bruns- wick, & a computation of the Cost, sent down from the Board, & Inspected & Considered.
It appearing to this House by the Projection & Computation laid before them, that the Building of a Stone Fort at Brunswick, near Pejepscut Falls, will be at- tended with a great & unnecessary charge, and require a considerable time before it can be compleated.
Voted, That the Fort to be built there be made of Logs or Timber, not exceed- ing the Dimensions of Fifty Feet square; and that Col. John Wheelwright, Capt. Lewis Bane, and Charles Frost Esq; who built the Fort at Winter Harbour, be a Committee to build the said Fort, with as much Expedition as may be; that the Stores at Casco-Fort, so far as needful, may be removed thither: which we are In- formed are too much exposed to the Indians, through the decay'd State of that Fort. Sent up for Concurrence.
An Accompt of Joseph Jencks jun. his charge in building the Great Bridge over Pautucket River, amounting to the Sum of 223 l. 14 s. II d. Read, with a Letter from Mr. Richard Ward, Secretary of the Colony of Rhode-Island, Moving this Government to pay one half of the said Sum.
Ordered, That the said Accompt be Referr'd to the next Session, for further consideration.
Ordered, That such Petitions as were the last Session referr'd to this, and have not now been considered, be referr'd to the next Session. [ 42 ]
The Vote of this House pass'd this Day for a Wooden Fort to be built at Bruns- wick; Sent down again from the Board with a Message, That they are of Opinion, since there is a Stone Fort there that may be repaired, It is better it be proceeded in than that a New one should be built with Wood, and therefore the Board had not Concurr'd with the said Vote.
An Engross'd Bill Intituled, An Act for Establishing a Rule for the Apportioning of Town & County Assessments for the Year Seventeen Hundred & Fifteen.
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