USA > Massachusetts > Journals of the House of Representatives of Massachusetts > Part 7
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Read and
Resolved, That the Bill do pass to be Enacted.
A Message from the Board by Addington Davenport, and Edmund Quinsey Esqrs; That His Excellency and Council, have pitch'd upon the Clerk of this House for a Commissioner to proceed to Cape Sables to Treat with the Indians there, and desire the consent of the House that he may attend that Service.
The Question being put, Whether the House consent to the said Motion from the Board ? It pass'd in the Negative.
A Message sent up to acquaint His Excellency & the Board with the said Vote. And then the House Adjourn'd till Monday next Three a Clock in the afternoon.
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Luna 25 die Julii 1715.
A Memorial of Andrew Belcher Esq; at the desire and in behalf of Samuel Pa- tridge Esq; Moving, That liberty may be granted to those that had Boxed Pine Trees to draw Turpentine in the County of Hampshire, before the Act pass'd the last Session did prohibit it, may be allowed to draw the Turpentine from them this Summer, paying such acknowledgment as this Court shall see meet to Order, brought down from the Board, having been there Read, and Recommended. Read.
And the Question being put, Whether the Request of the said Memorial be granted? It pass'd in the Negative.
A Message from the Board by Andrew Belcher, Isaac Winslow, & John Pynchon Esqrs; That His Excellency & Council, have found no proper Person, besides Col. Goffe, that they can prevail with to proceed as Commissioner, to Treat with the Cape Sable Indians, and that they apprehend His Majesty's Subjects in their hands are in danger of Suffering by them. Desiring the Advice of the House in the affair. And left two Affidavits of such Persons as have lately been in the hands of the said Indians, which were Read:
And a Petition of Jotham Odiorn in behalf of himself, and William Pepperell Esq; of Kittery, Shewing, That the Indians at Cape Sables have taken two Fish- ing Sloops and a Shallop belonging to the said Pepperell, and two Fishing Sloops of the said Odiorns': praying, That they may have liberty to send and Ransom their Vessels, and bring home Eleven Men now in the hands of the said Indians: And that a suitable Number of Men may be allowed to go with them, for that end in such Vessel as this Court shall Order. Read and
Ordered, That the Petition be Rejected; the Petitioner Odiorn being an Inhabi- tant of the Province of New-Hampshire; it is proper for him to apply there.
Ordered, That a Message be sent up to His Excellency the Governour, earnestly moving, That the Request of this House of the 21st. currant agreed to by the Council, for the Guard-ship to proceed to Cape Breton, Sc. when she had finished her Intended Cruise, may be answered.
That if it be Suspected, That any of the English have Injured, or Defrauded any of the Indians, that it may be inquired into and Justice done to the Indians, That no proper means may be neglected to prevent the great Calamity of a War returning upon us.
That His Excellency will please to give Instruction to the Captain of the Man of War, to Represent to the Commander in Chief at Cape Breton, That the French are [ 43 ] Fishing to the Westward of the Gut of Canso, which is contrary to the late Treaty of Peace.
A Message from the Board, That His Excellency did agree to the Message last sent to him from the House.
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A Message from the Board by John Clark, Thomas Fitch, and Edmund Quinsey Esqrs; That the Man of War is delay'd Sailing on her Cruise Eastward by noth- ing but the wanting of another Commissioner, in which they should be glad of the advice of this House.
A Message sent up to the Board by Capt. Noyes & Col. Thaxter, That the House is of Opinion, That Mr. John Nelson is a Person very proper for that Service.
Who Return'd, That Mr. Nelson could not be obtain'd for that Service.
A Message from the Board by Addington Davenport and John Pynchon Esqrs; Desiring, Mr. William Paine a Member of this House, to undertake the Service of a Commissioner, to Treat with the Cape Sables Indians; and that the House would consent to his proceeding therein:
But Mr. Paine acquainted the House, That he could by no means attend that Service.
The following Vote sent down from the Board, viz. In Council July 25. 1715.
In answer to the Petition of William Pepperell Esq; He has leave to visit the Indians in friendship, at Cape Sables, and use all proper methods to regain his Men and Vessels, out of the Indians hands; and the Frigot being also ordered to visit that Coast may cover them, and afford them their Advice and Protection.
Sent down for Concurrence.
Read and Non-concurr'd: As a Matter of dangerous Consequence, for this Government to give allowance to the Ransoming of Captions from the Indians.
And then the House Adjourn'd till to Morrow Morning Nine a Clock. 1
Martis 26 Die Julii 1715.
A Petition of the Eastern Congregation in the Town of Watertown by their Committee, praying, That they may be made a Separate Town, the West- ern Part of the said Town continuing to Illude the Orders of this Court for the Maintenance of the Ministry in the said Town: Sent down from the Board with their Vote thereon for Concurrence, which was Read and Agreed to by the House, with an Amendment. And is as follows, The Amendment being inserted, viz.
Ordered, That the Petitioners, serve the Select-men and Assessors of Water- town, with a Copy of this Petition and Summon them to attend this Court on the Second Wednesday of the next Fall-Session, to answer the Complaints, made therein, of their neglecting to comply with the Orders of this Court, for the Main- tenance of their Ministers. Sent down for Concurrence.
Read and Concurr'd.
The Honourable Board not seeing cause to agree to the Vote of this House of the 23d Currant for Building a Fort with Wood.
Voted, That His Excellency the Governour be Requested to Order the Repair-
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ing of the Stone Fort at Brunswick near Pejepscut Falls, agreeable to the Vote of this Court at their last Session. Sent up for Concurrence.
Ordered, That a Message be sent up to the Board, desiring, That the Bills that have pass'd the Houses, may be Engross'd, and Enacted, that the Court may rise; this House having now no business before them.
The Petition of Josiah Chapin Esq; of Mendon, upon which a Vote was pass'd in this House, the 28th June last; sent down from the Board, the Council not having then pass'd upon it.
Ordered, That the said Vote be Revived and sent up for Concurrence. [ 44 ]
And the Vote of this House pass'd on the Petition of the Inhabitants of Brook- field, the 9th of June last, not being then pass'd upon in Council: Sent down again to be Revived.
Ordered, That the said Vote be Revived and sent up for Concurrence.
A Petition of Edward White of Boston, shewing, That Mr. Joseph Dowding of the said Town hath wrongfully taken away, and with-holds from him his House, wherein he is without remedy in the Law; And that the Committee appointed by this Court to Audit, and Adjust the Accompts depending between them, have reported a considerable Sum to be due to him: Praying, That the said Report may be confirmed, and the said Dowding be compelled to pay him accordingly; or that his Affair may again have its course through the Law.
Sent down from the Board, pass'd upon there, viz. In Council July 26. 1715. Read, and the prayer of the Petition is so far granted, That the Petitioner be admitted to a new Trial. Sent down for Concurrence. Read & Con- curr'd.
A Letter from His Excellency the Governour to the two Houses. Sent down from the Board, and is as follows, viz.
Council Chamber in Boston, July 26. 1715.
T GENTLEMEN,
He News from Cape Sables increasing upon us, that the Indians have pro- ceeded in their Hostilities, so far as to make themselves Masters of about Twenty-seven of our Fishing Vessels, and Men belonging, of whom they have Mur- dered Eight, and wounded Others.
I am of Opinion, That the Frigot proceed immediately to Annapolis Royall, and Acquaint the Government there, of our present Posture, and their Danger, and obtain their advice of any Method, to be used to Recover our Vessels, and Prisoners out of the Indian bands; and from thence to proceed to Cape Sables, to advise our Fishing Ves- sels there of their Danger: And that there be taken up forth-with two good Sloops with Thirty Men each, to Defend and Secure our remaining Fishery, upon the Coast of Cape Sables, and Parts Adjacent, and to hold his Cruise there for Twenty Dayes, and then give us Notice for our further Proceedure; and that the Frigot Sail forth-with,
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with Col. Goffe on Board, no other fit Person to be joyned with him in this Negotiation appearing. J. DUDLEY.
Pass'd upon in Council, viz. July 26th. 1715. Read and Accepted, and desired that it be forth-with proceeded upon. Sent down for Concurrence.
Read and Concurr'd.
An Engross'd Bill, Intituled, An Act for the more safe keeping the Registry of Deeds and Conveyances of Lands. Read and
Resolved, That the Bill do pass to be Enacted.
An Engross'd Bill Intituled, An Act in Addition to an Act for Regulating Fees. Read and
Resolved, That the Bill do pass to be Enacted.
A Petition of John Austan, late Town Clerk of Suffield, presented to the House and Read, praying this Court to Order the Proprietors of the said Town, to have a Meeting; and that the Justices of the General Sessions of the Peace in the County of Hampshire, may Hear and Determine their Differences relating to Grants of Lands in the said Town.
Ordered, That the Inhabitants of the Town of Suffield, be advised & directed to Compromise, and Issue their Differences in the Affairs afore-mentioned, among themselves as speedily as may be. But if they shall not be so wise as to do it, in the space of three Months next coming, & signifie it to the Honourable Samuel Par- tridge Esq; That then the Justices of the General Sessions of the Peace in the County of Hampshire, Hold a Special Session at the said Town, Hear both Par- ties & Determine and Settle their Differences, whose Determination shall be a final Issue, and be so entred in their Town Book.
The charge of the Session to be born by the said Town.
And the Town Clerk is directed to Enter no Record of the Lands in contro- versy, [ 45 ] before the Session order'd of the Justices, unless the Town come into a good and amicable agreement therein. Sent up for Concurrence. With a Message that the House have no business before them and desire to Rise.
A Message from the Board by John Clark, Thomas Hutchinson, and Edmund Quinsey Esqrs; That several Allowances which are wont to be made Annually at the May Session, are not yet done; as the Allowance to the Judges, Treasurer, &c. Moving the House now to Grant the same. And intimated that the Treasurer is not willing to be Sworn for the Service of the Year currant, until his Allowance for the last Year's Service is Granted.
The Question being put, Whether the House will proceed to make Allowances at this time, inasmuch as the Tax to be Levied this Year is not agreed on?
It pass'd in the Negative.
And the said Vote was sent up to the Board by Capt. Noyes, Mr. William Paine, and Mr. Chipman.
The following Vote sent down from the Board, viz. In Council, July 26th. 1715.
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Elisha Hutchinson, Eliakim Hutchinson, Andrew Belcher, Thomas Hutchinson and Edmund Quinsey Esqrs; are a Committee to confer upon the Tax, with such as the Representatives shall appoint, that the Occasions of the Province be not lost for want of a Supply. Sent down for Concurrence. Read & Concurr'd with an Amendment added, viz. And consider some Expedient wherein the Houses may be likely to agree for raising one.
And Capt. Noyes, Mr. Cooke, Mr. Epps, Capt. Fullam, Maj. Bradford, Capt. Parsons, Capt. Cawley, Mr. Knolton, and Capt. Chambers are joined in the Affair.
And then the House Adjourn'd till to Morrow Morning Nine a Clock.
Mercurii 27 die Julit 1715.
A Plat of Land, offered to the House for confirmation, pursuant to the Vote of this Court at their last Session for 1686. Acres to be laid out, in answer to the Petition of the Heirs of John Haynes.
And the Petition of the Heirs of the said John Haynes, presented to the House and Read, praying, That the Land in the said Plat may be confirmed to them.
And a Petition of Hopestill Brown, John Brigham, Joshua Haynes, & Edward Goddard, presented to the House and Read, praying, That a certain Tract of Meadow, belonging to them, and others, lying within the Limits of the said Plat, may be reserved to them, together with some Up-land to Stack their Hay upon, and a convenient High-way to the Meadow.
An Answer of the Heirs of the said John Haynes to the last mentioned Petition, Read; and the Question being put, Whether the Plat be Confirmed ?
It pass'd in the Negative. It appearing to the House that the Plat is fallaciously drawn, and contains several Hundred Acres of Land more than the 1686. design'd to be confirmed by this Court.
The Petition of the Committee of sundry Proprietors of Swampfield, praying as entred the 7th Day of June last. Read again, and
Ordered, That the Petitioners lay before the Court a Plat of their Original Grant, and of the Land they Petition to have added to them by a Surveyor and Chain-men under Oath. Sent up for Concurrence.
A Message from the Board by John Clark & Thomas Fitch Esqrs; Moving the House to Vote the Wages that shall be given to a Surgeon for the Sloops Ordered to Cape Sables.
Ordered, That a Message be sent up to the Board, That some proper Person be agreed with for that Occasion, upon such reasonable Terms as he can be ob- tained. [46 ] .
The following Vote brought from the Board by Andrew Belcher, Isaac Winslow, Thomas Hutchinson, Thomas Fitch, and Edmund Quinsey Esqrs; viz.
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Proposals for the Drawing in 22000 l. to be Levied on Polls and Estates, for this present Year 1715. l. s. d.
Interest on the 50000 l. Loan Money. 2000 O 0
In the Treasury, as appears by the Treasurers Accompts. 2000
Impost and Excise, suppose to be.
5000 0
A Tax on Polls & Estates to be Levied this present Year, to compleat the 22000 l.
13000 o O
1. 22000 o o
In Council July 27th. 1715. Voted & Accepted unanimously.
Sent down for Concurrence. Read.
Post Meridiem.
A Message sent up to the Board by Mr. William Denison, Mr. Hitchcock, and Mr. Chipman, That the House desire to see the Report of the Committee of both Houses, appointed to confer about the Tax. Which they brought down, & is as follows, viz.
Proposals, for Drawing in the Tax of 22000 l. Granted to be paid in the Year 1715. viz. l. s. d.
A Tax on Polls and Estates.
11000 0 o
Interest of the 50000 l. Loan,
2000
In the Treasury, with an Obligation & Judgment of Court. 2050 O
6950 0 0
Impost and Excise.
1. 22000 o 0
A Tax to be Granted on Polls and Estates to make good Deficiencies on any of the above Sums, 5000 l. To be Levied in 1712, or 1713.
Read and Accepted. Sent up for Concurrence.
A Message from the Board by Elisha Hutchinson, Andrew Belcher, Edward Bromfield, John Clark, Thomas Hutchinson, Thomas Fitch, Thomas Oliver, and Ed- mund Quinsey Esqrs. who brought down the Vote of this House upon the Report of the Committee of both Houses, concerning the Tax Non-concurr'd. And Ac- quainted the House that the Council could not consent to the Post-poning any part of the Tax, and mov'd the House to consent to the Vote of the Board relat- ing to the Tax sent down this Day.
The Vote of the Board relating to the Tax, entred in the forenoon, and then sent down for Concurrence. Read and Non-concurr'd.
Ordered, That the House Adhere to their Vote on the Report of the Committee of both Houses. And that it be sent up again.
And then the House Adjourn'd till to Morrow Morning Nine a Clock.
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Tobis 28 die Tulit 1715.
A N Engross'd Bill Intituled, An Act in Addition to an Act of Limitation, for Quieting of Possessions. Read and ' Resolved, That the Bill do pass to be Enacted.
Ordered, That Col. Thaxter, Col. Winthrop, and Mr. William Paine, with such as the Honourable Board shall Nominate, be a Committee to Consider & Treat with Persons Skilful in Surveying; and acquainted in the Frontires, in order to take a Plat of the ungranted Lands, in the Frontiers lying between Connecticut Great River, and Merrimack River, up as high Westward, as Pennicook, upon Merrimack River, and from thence upon a strait Line, to the nearest part of Con- necticut River: The Plat to [ 47 ] Include all the ungranted Lands lying between the said two Rivers, and the said strait Line, and the Frontier Towns. And in order to take Plats of the ungranted Lands that are within the said Frontiers. And make a Report to the next Session of this Court what the charge may proba- bly amount to. Sent up for Concurrence. 1
Dost Meridiem.
The following Proposal presented to the House by the Subscribers. viz.
W E the Subscribers Proprietors of the Lands in Brunswick, Topsham, &c. be- ing Desirous to make such a Settlement, as may be able to sustain a War with the Indians, Do acknowlege the Favour of the General Court, in their readiness to Encourage & Protect the intended Settlements, and particularly in the Repair of the Fort there; yet perceiving the House inclinable to a Wooden Fort, on account of the Cheapness of it; We being sensible that as this Fort is set, so as to be a Bridle to the In- dians: So if a War should arise, it may be Expected, they will leave no means un- tryed, to become Masters of it, towards which the Remoteness from Succour will give them great advantage, and considering how much the Lives & Estates there will depend upon the Strength & Security of that Fort; We have been Induced to make the following Proposal.
That Whereas the Wooden Fort at Winter Harbour Cost, as we are Informed 400 1. Pounds, when Provisions, & Labour were much Cheaper, than at this time, We can't suppose such an one now would Cost much less than 500 1. Pounds; and a Stone Fort supposed to be much more Chargeable: Yet rather than the said Fort should be of Wood, and so liable to be Consumed by Fire, in case it should be Assaulted by French as well as Indians.
We Offer, That if the General Court will please to Allow Five Hundred Pounds, and let us now have the Fifteen Men, which are Designed for that Garrison, we will enter into Engagements to Repair & Finish the aforesaid Stone Fort: To be 50 Foot
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square, as proposed, with Four Bastions, Two of which of Wood on the Top of the Angle; at our own Charge, although it should amount to more than that Sum. And we shall set about it in a Weeks time if possible, and hope to finish it before Winter, if not Obstructed by the Indians. We desire to have Three Hundred Pounds of the said Sum as occasion shall require, to provide Materials, &c. and the remainder when the work is finished.
Boston, July 28th, 1715. Memorandum,
It is agreed that the Foundation of the said Fort shall be) Three Foot under ground, That the Wall shall be Three Foot Thick at Bottom, and at least Ten Foot High above the Ground; and laid in Lime Mortar, with Barracks for Fif- teen Men; to be built on or near the Spot where the Fort now stands.
Thomas Hutchinson Adam Winthrop
Oliver Noyes.
In behalf of them- selves and partners.
Voted, That the said Proposals be accepted, and the Sums be paid out of the Treasury as proposed. Sent up for Concurrence.
A Message from the Board by Thomas Fitch, & Thomas Oliver Esqrs; That Capt. Bommazeen with the other Four Eastern Indians that have been here some Days upon a Visit, are now returning home, and the Council think it convenient that something be given them, to bear their Expences.
Voted, That the Sum of Four Pounds be allowed them to bear their charges home. Sent up for Concurrence.
A Message sent up to the Board by Mr. Remington, and Capt. Osgood, That this House have no business lying before them, and if there be none to come down from the Board, the House desire to be dismist.
Who return'd answer, That His Excellency said the Treasury is not yet sup- plyed, nor the Tax to be Raised this Session agreed upon, nor the Treasurers Sal- ary Voted, and he, as yet not Sworn, which ought to be done before the Court Rises.
The following Vote sent down from the Board, viz In Council July 28th. 1715. Voted, That if the Assembly agree to lay Eleven Thousand Pounds Tax at this Session, in part of the Twenty two Thousand Pounds Granted by two former Acts of Assembly, to be paid this Year; the Council will agree to the Act.
Sent down for Concurrence. Read.
And then the House Adjourn'd till to Morrow Morning Nine a Clock. [ 48 ]
Deneris 29 Die Julii 1715.
A N Act for Apportioning & Assessing a Tax of Eleven thousand pounds, on Polls and Estates, which with the Sum of Two thousand pounds in the Treasury, Two thousand pounds Interest of the Loan Money, and Seven thou-
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sand pounds by the Impost, Excise & Tunnage of Shipping, past this present Ses- sion, will make up the Sum of Twenty two thousand pounds pursuant to the Funds & Grants, made to Her late Majesty by this Court, at their several Ses- sions in Novemb. 1710 & May 1711.
Ordered, That the Preamble of the Tax Bill to be pass'd this Session, be formed agreeable to the above-mentioned Minutes. And that a Bill be drawn accord- ingly, as expeditiously as may be. Sent up for Concurrence.
Resolved, That the Treasurer be & hereby is Directed & Impowred, to Issue forth and Emit the Sum of Four thousand pounds, of the Bills of Publick Credit of this Province, that are or shall be received into the Treasury, for payment of the Publick Debts of the Province already contracted; for the Defence & Support of the Government, and the necessary Protection, and Preservation of the In- habitants of this Province; and for the Subsisting of Forts, or Garrisons, and Wages arising for their Service: (But the Fort at Casco Bay for no longer time, than the first Day of October next;) for Payment of Grants, Salaries, and Allow- ances, made or to be made by this Court, according to such Draughts as from time to time shall be made upon him, by Warrant or Order of the Governour, by & with the Advice & Consent of the Council: and the said Bills shall pass out of the Treasury at the value therein expressed, equivalent to Money; and shall be taken, and accepted in all Publick Payments at the Advance, and after the Rate of Five Pounds per Cent. more.
And as a Fund & Security for the same, There be, and hereby is Granted to His Most Excellent Majesty, to the ends & uses, as aforesaid, a Tax of Four thousand pounds, to be levied on Polls & Estates both Real & Personal within this Prov- ince, according to such Rules, and in such Proportion, upon the several Towns and Districts within the same as shall be agreed on, and ordered by the Great and General Court or Assembly of this Province, at their Session in May Anno 1722. And paid into the Treasury on or before the last Day of December next after.
Sent up for Concurrence.
Resolved, That the Sum of Forty Shillings be allowed, and paid out of the Pub- lick Treasury to Mr. Benjamin Rolf for his Service in writing for this Court the last Year. Sent up for Concurrence.
Post Meridiem.
A Bill Intituled, An Act for Apportioning & Assessing a Tax of Eleven Thousand Pounds upon Polls & Estates. Read a first time.
And then the House Adjourn'd till to Morrow Morning Nine a Clock.
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Sabbati 30 Die Julii 1715.
A
Bill Intituled, An Act for Apportioning & Assessing a Tax of Eleven Thou- sand Pounds upon Polls & Estates. Read a 2d and a 3d time. Resolved, That the Bill do pass to be Engross'd. Sent up for Concurrence. Ordered, That the Representatives of the Town of Boston, be desired to take the care of Printing the Votes of this House this Session, and Treat with a Printer about the Terms upon which they may be Printed here-after.
W HEREAS It is Enacted, in the Act for Granting to His Majesty several Rates, and Duties of Impost and Tunnage of Shipping. viz. "That there " shall be paid by the Master of every Ship, or other Vessel coming into any Port, "or Ports in this Province, [ 49 ] to Trade & Traffick, the major part of the Own- "ers whereof are not belonging to this Province; except such Vessels as belong to "the Provinces, or Colonies of Pensilvania, West & East Jersey, New-York, Con- "necticut, or Rhode-Island; every Voyage such Ship or Vessel does make, the Sum "of Eighteen-Pence per Ton, or one Pound of good New Gun-powder, for every "Ton such Ship or Vessel is in burthen; to be paid unto the Commissioner, or Re- "ceiver of the Duties of Impost, and to be Imployed for the Supply of His Maj- "esty's Castle, and Forts, within this Province.
Ordered, That it be an Explanation of the said Act, That the said Duty is not to be paid for such Part or Parts, of any Ship or other Vessel, that is owned by any person or persons Inhabiting this Province; and that it be an Instruction to the Officer of Impost to govern himself accordingly.
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