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DOCUMENTS AND RECORDS

RELATING TO THE

STATE OF NEW-HAMPSHIRE

DURING THE PERIOD OF THE AMERICAN REVOLUTION,

FROM 1TT6 TO 1783;

Including the Constitution of New-Hampshire, 1776; New-Hampshire Declaration for

Independence ; the " Association Test," with names of Signers, &c. ;

Declaration of American Independence, July 4, 177G;

the Articles of Confederation, 1778.

PUBLISHED EY AUTHORITY OF THE LEGISLATURE OF XEW-IIAMPSHIRE.

VOLUME VIII.

COMPILED AND EDITED PY

NATHANIEL BOUTON, D. D.

Corresponding Secretary of the New-Hampshire Historical Society.

CONCORD, N. H. :

EDWARD A. JENKS, STATE PRINTER.

1874.

NOTICE

JOINT RESOLUTION, passed by the Legislature of New-Hampshire.

Resolred by the Senate and House of Representatives in General Court convened, That His Excellency the Governor be hereby authorized and empowered, with the advice and consent of the Council, to employ some suitable person, and fix his compensation, to be paid out of any money in the treasury not otherwise appropriated, to collect, arrange, tran- scribe, and superintend the publication of such portions of the early State and Provincial Records, and other State Papers of New-Hamp- shire, as the Governor may deem proper; and that eight hundred copies of each volume of the same be printed by the State Printer and distributed as follows: namely, one copy to each City and Town in the State, one copy to such of the Public Libraries of this State as the Governor may designate, two hundred copies to the New-Hampshire Historical Society, and the remainder placed in the custody of the State Librarian, who is hereby authorized to exchange the same for similar publications issued by other States. Approved July 6, 1866.

EDITOR'S PREFACE.

Readers of this volume will please understand that the "Provincial " history of New-Hampshire terminated with the publication of Volume VII, 17G6-1776. This volume is a con- tinuation of documents and papers relating to New-Hampshire, after it assumed government and took the name, first, of Colony. and then of State of New-Hampshire. The Colonial period continued about one year. Why it was called a " Colony " the editor has found no declared reasons ; though it appears that all the other Provinces, Colonies, or States assumed the same de- signation, and were spoken of during the early part of the Revo- lution as the United Colonies of America, as they were claimed to be colonies of Great Britain.

This volume will be found to be of great value, as containing the First Constitution that was adopted by authority of the people of New-Hampshire, 1776, which is claimed and under- stood to be the first that was adopted in any State or Colony in the Union. It contains, also, the New-Hampshire Declaration for Independence, the "Association Test," as it was called, in which are found the names of all the male inhabitants of New- Hampshire; above twenty-one years of age, about 8,199 in number, who signed it, and the names also of 773 who refused to sign it.(l) Readers will take notice that the names attached to the Association Test are not repeated in the Index.

Although, under advice, the editor has found it necessary to omit from the proceedings of the General Assembly much mat-

(1) The above statement was made by the late John Farmer, Esq., but a careful count may, perhaps, vary the sum total.— Ed.

iv EDITOR S PREFACE.

ter relating to personal and town affairs, yet he has carefully copied and included in this volume whatever records, docu- ments, and correspondence he could find relating to the part which New-Hampshire took in the Revolution. In this regard New-Hampshire has a proud history: she furnished her full quota of men from time to time, and her officers and soldiers did noble service for liberty.

The editor regrets that the undue size of this volume, with matter which could not be omitted, renders it necessary to defer the proceedings of the Conventions which were called to settle a form of government for the State, and which resulted in the adoption of a new Constitution in 1783. He hopes, how- ever, to find ample space for the same in a subsequent volume.

The editor desires to express, publicly, his acknowledgments to their Excellencies, Governors Ezekiel A. Straw and James A. TVestox, for the interest they have taken in this publication, and the encouragement which, by their counsels, they have given him in his work.

GENERAL CONTENTS.

VOLUME VIII.

1776. Jan.

Journal of the House ....

New-Hampshire takes the name of a Colony

Takes up Civil Government ....

Petition of Inhabitants of Newtown

Councillors chosen for each County

Letter from Pierse Long, Esq.

Pules for the House of Representatives .

Justices and other officers appointed

Dissent and Protest from Portsmouth, &c, against tak

ing up Government

More justices & County officers appointed Letter from General Washington . An anonymous letter offensive Letter from Thomas Wk AVTaldron .

County officers

Letter to and from General Washington

Letter from General Sullivan

Note, relating to the name of Hobart .

Condition of the people at Gosport

Letter from General Sullivan, relating to Quebec

Order from Gen. Sullivan ....

Letter frem General Washington .

Letter from John Hancock Resolves of Congress

Letter from Gen. Sullivan ....

Letter from Meshech Weare to Gen. Washington

Letter to Gen. Washington ....

Orders from Committee of Safety to Joseph Wait

Orders to Israel Morey & John Bellows

Letter from Josiah Bartlett, in Congress

Pages

1-67

1-3

2-4 4

8 10,11

14-17 18 22

25-27 28

28,29

30-35

30-32 32 34

36,37 38 38

39-41 42 42 43 46 46

48,49

GENERAL CONTENTS.

1776. Jan.

Feb.

Oaths to be administered

Complaint against Adam Stuart, of Londonderry Instructions to Committee to visit Gen. AVashington

Letter from Gen. Sullivan

Justices of the several Courts .... Letter to the Continental Congress, with documents an petition

Correspondence

Letter from General Washington, relating to certain ac

counts ........

Petition of Capt. Titus Salter ....

Letters to certain towns to return census

Letter to Col. John Bellows

Letter to Col. Morey and Maj. Bellows instructions Letter from Stephen Moylan, relating to Col. John Stark Letter of Acknowledgment made by Col. Stark Court of Inquiry relative to Col. Stark's conduct Petition to Congress for Continental troops . Letter to Hon. John Hancock Letter from Committee of Safety to Col. Morey Letter from Col. John Langdon to Comtee of Safety Letter to the Committee of Safety from a French gen

tleman

Letters from Hon. Josiah Bartlett, in Congress . Letter from Hon. Win. Whipple, in Congress Letter from Hon. John Langdon .

Journal of the House, resumed

List of Members [see Index of Names] .

A regiment of 300 men to be raised

Orders from Gen. Washington, on Dorchester Heights

Gen. Howe to leave Boston

Letter from Col. Morey to the Committee of Safety Letter from Col. Bedel to the Committee of Safety Instructions to Col. Henry Gerrish

Letter to Col. Bedel

Letter from Meshech Weare to Gen. Washington Letter from Gen. Washington to Meshech Weare Letter from Capt. Titus Salter, a guard at Fort Point Letter from Gen. Sullivan, with a list of Col. John Wal

dron's regiment

On making Copper Coin ....

PAGES

50

52, 53

51

55

61-64

67 68-77

68

70 70 71 71 72 72 73

74

75,76

76

77

F8-114

78-S

87,

92,

GENERAL CONTENTS.

1776. Feb.

Apr.

May.

June.

Regimental officers appointed

Price of Salt petre

Letter from Col. John Goffe, relating to fish . Memorial and Petition of Dr. Hall Jackson . Certificates relating to Dr. Jackson .... Permission to Capt. Eliphalet Ladd to sail for West

Indies

A Proclamation by the Council & Assembly .

Letter from Capt. James Osgood

Letter from Col. Timothy Bedel

Letter from Thomas Johnson

Appointment of a Commissary

Correspondence

Hanover Committee, relating to counterfeit money

Letter for Gen. Sullivan

Orders to Capt. Titus Salter, and his return .

Letter to Gen. Ward, and answer ....

Letter from Hon. William Whipple ....

Order to Col. David Gilman

Instructions to Pierse Long, Esq. .....

Letter from Hon. John Hancock, with Resolves of Con- gress

Letter from Col. David Gilman, relating to officers and soldiers

Letter from Meshech We are to Hon. Thomas Cushing

Letter from John Hancock, with resolves of Congress

Letter from Wm. Whipple

Resolve of Congress for the Colonies to take up Gov eminent

Orders to General Folsoni

Resolves of Congress, relating to supplying Militia, &c,

Letter from John Hancock

Letter from our delegates in Congress .

List of Representatives [see Index, Names]

Pages 94

98

99

100,101

101

Journal of the House, resumed Business to be transacted Order to Capt. Henry Gerrish A bridge to be built at New Castle Letter from Col. David Gilman

102 103 104 104 105 109

115-132

115-117

117-119

119, 120

120

121

121

121

122

123 123 124 125

126 126 127

128, 129 129

130, 131

(1)133

134

134

136, 164

138

(1) On p. 133, for James Bellows, read James Bettou.— Ed.

GENERAL CONTENTS.

1776. PAGES

June. Committee to draft a Declaration of Independence 139

Civil officers appointed 139, 140

Letter from Selectmen of Hanover .... 140 Address and Petition of Maj. James Hackett . . 142 County officers appointed Acts passed . . (1)143, 144 Letter from Hon. John Hancock to the General Assem- bly 146,147

Letter from our delegates in Congress .... 147

Letter from Hon. Josiah Bartlett 147, 148

Declaration of Independence 149

Letter to Hon. John Hancock 151, 152

Letter from Josiah Bartlett to John Langdon . . 152

Letter from Commissioners in Canada, relating to Col.

Bedel, &c 153

Kesolve of Congress, relating to clothing for soldiers . 153

Persons inimical to the Country 156

Proclamation of Admiral Howe 159

Letter from Admiral Howe to Gov. John Wentworth 160

Letter to General Schuyler, relating to hard money . 161

Major Robert Rogers, suspected ..... 163

Letter from John Hancock, with resolves . . . 165-167

Bills to be emitted, form of 169, 191

Letter from Col. Jacob Bailey— note .... 171

Alarms in Coos County, petition, &c 172, 173

Letter from Col. Benja Bellows, asking for arms, &c. . 173

County officers appointed 174, 175

Letter from Hon. Meshech Weare to Gen. Ward . 17S

Letter from Hon. Meshech Weare to General Court of

Massachusetts 178,179

Alarms at Walpole 180

Petition from Plymouth 181

July. Powder to sundry towns 185

Regiments for the reinforcement in Canada . . . 186

Order of Gen. Folsom to Capt. James Gage . . 186

Order of Gen. Folsom to Capt. Stephen Peabody . 187

Letter from the Selectmen of Wakefield ... 187

Letter from Gen. Schuyler 188

Letter from the Selectmen of Rochester . . . 188

Letter from Gen. Sullivan 189

Hand-bills issued— call for soldiers .... 192

Court Maritime Fees 198

(1) On p. 143, for Benjamin Baker, read Barker.— Ed.

GENERAL CONTENTS.

1776.

July. Declaration of Independency, U. S.

PAGES

. 200-203

Returns of the "Association Test," 1776. [Returns from towns in the order in which they are

printed in the following pages

jtgg^ Names not repeated in the Index. Ed.]

204-296

i\r0M-

Non-

Signt r$.

Siyncrs.

Sinners.

Ni<jrwrs.

Amherst

201

4

Hinsdale

35

10

Allenstown

21

1

Hopkintown

161

14

Alstead

66

4

Keene

133

13

Acworth ~)

32

0

Kensington

118

20

Lemster(l) >

24

0

Kingstown

150

14

Unity ' )

26

4

Lebanon

87

0

Atkinson

97

0

Exeter? [imperfec

tl 48

Barn stead

37

0

Leavittstown (Effingham)

Barrington

200

12

17

0

Bedford

87

1

Lee

142

14

Boscawen(2)

108

1

Londonderry

375

15

Bow

63

0

Loudon

69

0

Brentwood

160

18

Meredith

48

0

Canterbury

128

0

Monadnock No. 5

(Marlboro')

Claremont

84

16+31

50

5

Chester

221

0

New Boston

108

0

Chesterfield

139

13

New Castle

57

4

Concord

156

0

Newington

67

3

Conway, &c.

55

0

Newmarket

164

38

Deer-field

157(3]

20

North Hampton

116

0

Deering

33

2

[Newport see p.

282.]

Derryfield

47

0

Northwood

61

1

Dublin

57(4)

0

Nottingham

104

25

Dunbarton

59

10

Nottingham W. (Hudson)

Dunstable [no return 1

118

1

Canaan )

24

0

Packersfield (Nelson) 38

1

Enfield |

13

0

Pembroke

129

9

Epping

209

11

Peterborough

84

0

Epsom

68

o

Piermont(o)

35

0

Exeter [no con

iplete

Portsmouth

509

46

returns ; see p.

248.]

Raby (Brookline)

23

0

East Kingston

78

3

Richmond

156

12

Francestown [nc

) return]

Rindge

150

0

Gilmanton

115

32+21

Rochester

198

22

Gilsom

42

0

Rye

123

0

Hampton

174

2

Salem

171

36

Hampstead

97

21

Salisbury

83

2

Hampton-falls [ Hawke (Danvilh

10 return]

Sanbornton

80

1

i) 74

4

Sandown

103

7

Henniker

51

22

Sandwich

37

9

Hillsborough

35

1

(1) 111 Lempster, for the name Trin/race, read Freegrace.

(2) In Boscawen, for Willm Welch, read Mirick ; and for Jerome Little, read Friend.

(3) By error, 101.

(4) By error, 22.

(5) Dorchester was classed with Piermont.— Ed.

lA

GENERAL CONTENTS.

Signers. Newport ") 36

Croydon > 31

Saville S 18

Society Land (Antrim)

25 South Hampton 85

Stratham 131

Snrry 42

1776. July.

Kon-

Sigm rs.

0

4

0

0 4

42

0

Temple

Wakefield

Weare

Westmoreland

Wilton

Winchester

Wyndham

Signers.

84

62 131 130 128 103

Correspondence

Alarm on the Frontiers. Meeting in Hanover Petition from Lebanon asking assistance Letter from J. Hurd, Esq. Appeal for help Petition from Conway for assistance Letter from Capt. Ira Allen

Orders to Benja Giles

Portsmouth instructions to Representatives .

Commission for Col. Isaac Wyman

Orders to Capt. David Woodward

Letter from Committee in Kittery

Letter to the Selectmen of New Market

Letter from Capt. Robert Parker

Letter to Capt. Jeremiah Eames instruction

Letter from Maj. Jonathan Child

Letter from Committee in Moultonborough .

Letter to Hon. John Hancock

Letter from Capt. William Barron

Letter from Col. John Hurd

Order respecting Samuel Dyer, of Berwick .

Orders to Col. Joshua Wingate .

Direction for Col. Jacob Bailey for raising men

Letter from Portsmouth Committee about Capt. Roach

Letter from Portsmouth Committee relating to Mrs

Livius

Order to Brig. Gen. Stark .... Letter from Benja Giles .... Letter from Col. Hurd ....

Letter from Col. Joshua W entworth . Letter from Col. John Bellows Complaint of Zacheus Clough, of Poplin Certificate for Zacheus Clough, of Poplin

Non- Signers. 3 0 41 6 o

15 (1)3

Pages 297-318 297 298 29S 299 300 300 301 302 302 303 303 303 304 304 305 305 306 306 308

309 310 310 311 311 311 312 312

(1) Persons who add the above returns may find a different sum total from that stated in the text, p. 204.— Ed.

GENERAL CONTENTS.

1776. July.

Aug.

Sept.

Oct.

Pages

Petition from Warren for fire-arms, &c. . . . 313

Letter from Col. David Oilman 313

License for Mrs. Livius to go to Quebec . . . 313

Letter to Benj11 Giles 314

Orders to Lieut. John Oilman ..... 314

Letter from Col. John Hurd 314

Letter from M. S. Metcalf to Col. Bailey ... 316

Letter from Col. Wait to Col. Kurd .... 316

Letter from Col. Hurd to Meshech Weare . . . 317

Letter from Eleazer Russell to Meshech Weare . . 317

Proclamation by Gon. Howe . 318

Journal of the House, resumed .... 319-357

List of members [see Index "Names"] . . . 319-321 Massachusetts Resolves, relating to the ship Raleiijh . 322

Report of Committee, and papers relating to Asa Porter 324-331 New Hampshire assumes the name of Stale of New- Hampshire ........ 332

Special Convention, proceedings of

Form of oath to be taken by Representatives

Form of precept for calling a new House

Special Convention, proceedings of

Resolve of Congress for raising an army during the war, 349

Letter from Hon. John Hancock, relating to enlistments, 351

Pay-roll of members of the Convention, . . . 356

Correspondence

Letter from Charlestown Committee to Gen. Gates Letter from Col. Moulton to N. H. Committee of Safety Letter from Col. Jacob Bailey .... Letter from Col. Thomas Stickney Letter from J. Brackett, relating to ship Prince Geor Letter from Portsmouth Committee, relating to

billiard table 361

Letter from John Hancock, relating to an attack on

New York 361

Letter from Selectmen of Charlestown to N. H. Com,

of Safety 362

Letter from Eleazer Russell, on Maritime fees . . 363

Letter from Col. David Oilman, on being superseded, 365

Resolution of Congress, relating to gunpowder, . . 366

Orders to Col. Benjamin Bellows, jun. . . . 366

337, (1)338

341

. 342,343

. 349-351

358-396 358 359 360 360 360

(1) On p. 338, for Capt. Sutler, read Salter.— Ed.

GENERAL CONTENTS.

1776.

Oct. Letter from Col. Hurd, relating to Rangers at Cohos Letter from General Washington, on exchange of

prisoners, ........

Letter from N. H. Committee of Safety to Gen. Ward Petition in favor of Lt. Abraham Perkins Col. John Langdon's return of enlisting men Letter from Col. Bailey, relating to affairs in Canada Resolves of Congress, relating to blankets, &c. Letter from Gen. Ward ......

Letter from Andrew Colburn to Matthew Thornton Letter from Col. Wigglesworth, relating to sickness at

Crown Point .......

Resolves of Congress, relating to Physicians, &c. .

Letter from Hon. John Hancock on same subject .

Petition of Joshua Heath, of Conway .

Resolves of Congress, relating to the army .

Letter from Hon. John Hancock on the same

Letter from Joseph Whipple, relating to roads, &c

Representation relative to Capt. Jere. Eames

Tories sent from New York to New-Hampshire names

Letter from France to N. H. Committee of Safety

Instructions to Committee sent to Ticonderoga .

Introduction to Gen. Washington

Letter from Col. Thomas Tash to Com. of Safety

Letter from Col. Joseph Welch ....

Letter from Hon. John Jay, of New York, relatii

tories ........

Order of Col. Rob' Van Ransilaer about tories

Letter from Col. Blanchard relating to raising men at

Ticonderoga for the army .

Col. Blanchard's Report of Commissioned officers, &c Letter of thanks from Gen. Gates to N. H. officers and

soldiers .

Inlisting orders to Capt. Joshua Abbot

Action of N. H. Com. of Safety relative to New York

tories

Certificate &c, relating thereto .... Letter from Hon. Wm. Whipple relating to the anny Resolve of Congress for a supply of shoes for the army

Nov. Journal of the House resumed .... List of members names [see Index " Names"] .

367 368 368 369 369 370 370 371

371 372 373 373

374-376 377 377 378

379-384 385 386 387 388 388

389 390

390 391, 392

393

393 394 395 396

397-427 397-400

GENERAL CONTENTS.

1776.

Nov.

Dec.

1777. Jan.

County officers appointed .....

Restrictions on tory prisoners ....

Letter from Col. Jacob Bailey, relating to Indians

Resolves of General Assembly of Massachusetts .

Resolves of General Assembly of Rhode Island

Letter from Governor Trumbull, of Connecticut .

Letters from Gen. Charles Lee to Gov. Bowdoin .

Letter from Col. Anthony Wayne to Col. Hurd .

Letter from Gov. Cooke, of R. I., to N. H. Assembly, &c

Letter from Gov. Cooke to Gov. Bowdoin, of Mass.

Letter from Hon. Meshech Weare to Gov. Bowdoin

An embargo ordered ....

Names of muster-masters, &c.

Letter from Gen. Schuyler

Day of Fasting and Prayer

Letter from John Man, a prisoner .

Letter from Hon. Meshech Weare to our Delegates in Congress relating to troubles in Grafton County, &c, in Hanover, Lyme, Haverhill; also, in Acworth, Ches terfield, Mar low, &c, &c

Letter from Gen. Geo. Measam, commissary of cloth ing, with Resolves of Congress ....

Letter from Gen. Washington on exchange of prisoners

Journal of a new House of Representatives

List of Members [see Index "Names"]

Affairs in Rhode Island Gov. Cooke .

Letter relating to New York prisoners in Exeter .

Letter from Doct. Peter Green, of Concord .

Col. Asa Porter reward offered for his apprehension

Delegates to Congress chosen ....

Letter from Capt. Eliphalet Daniels

Letter to Hon. John Hancock ....

Letter to our delegates in Congress

Letter from Col. Pierse Long, relating to the schooner

George

Letter from Capt. Thomas Thompson on the same Letter relating to Washington's victory at Trenton Letter from Gen. Heath on the same Letter from Hon. Matthew Thornton . Letter from Col. Peirse Long, explanatory Officers of the schooner George placed in Concord Letter from John Jay, on New York prisoners

Pages

401 403 405 406 406 407 407, 410 410, 411 411 411 412 412 415 417 419 419

420-425

426 426

428-471 428-430 431, 432 434 435 436 437 438 439 440

443 444 444 445 445 446 447 448

GENERAL CONTENTS.

1777. Jan.

Report on affairs in Grafton comity Certificates of money sent to New-Hampshire Prices of sundry articles fixed .... Letter relating to John Powell, a deserter . Letter from Gen. Schuyler, relating to Ticonderoga Letter from Hon. John Hancock on the same

Letter from Gen. Ward

Resolves of Massachusetts, concerning Ticonderoga Propositions relating to couriers for New England Report relating to Continental battalions, &c.

Military officers appointed

Letter from Col. John Langdon, relating to lead and

flints

Prisoners of war to be exchanged ....

Correspondence

Letter from Col. Peirse Long ....

Letter from Gov. Bowdoin of Mass., relating to

privateer

Letter from Timothy Walker, jun., relating to tories

Letter from H. Wentworth on the same

Commissary orders to Nichs Gilman

Orders to Capt. John Haven about prisoners

Letter from Joshua Gidney, a prisoner .

List of British prisoners sent from N. H. to R. I.

Letter from Gen. Schuyler, relating to Ticonderoga

Letter from Col. Long to the Committee of Safety

Letter from Comtee of Safety to Capt. Osborne

Letter from Hon. John Langdon to Comtce of Safety

Petition of Josias Eltinge, a New York prisoner .

Letter relating to clothing for Col. ScammelPs regiment

Letter from Thomas Thompson on enlistment of marines

Letter from Thomas Thompson ....

Letter from Capt. Osborne on same subject .

Application to Gen. Ward for fire-arms

Letter from Gen. Washington ....

Letter from Hon. Sam. P. Savage, of Mass., on sendin

a vessel to sea . . . Certificates of money sent to New-Hampshire Invoice of money and certificates sent . Letter from Hon. John Hancock, relating to money

Pages 450 453 455, 471 458 460 460 462 462 462 464 466

467 468

472-502 472

473

473 474 474 474 475 476, 477 480 480 480 481 481 482 482 484 484 485 485

486 4S6 487 487

GENERAL CONTENTS.

1777. Jan.

Mar.

Instructions to James Betton andWm. Gregg in regard

to money

Letter to Capt. Osborn about enlistments

Letter from Gen. Washington ....

Letter from Gov. Trumbull, of Conn. .

Letter from Gen. Sullivan

Letter from the Council in Massachusetts

Letter from Lieut. Worthen relating to Ticonderoga

Letter from Gen. Schuyler to Nichs Gihnau .

Letter from Gov. Cooke, of Rhode Island, on counter

feits

Order relating to New York Prisoners .

Letter from Hon. John Hancock, with Resolves .

Letter from Capt. Thomas Thompson, respecting a pris

oner

Letter from Comtec of Safety to Gen. Washington. Letter from Comtee of Safety to Gov. Trumbull Letter from Comtee of Safety relating to N. Y. prisoners Letters from Capt. House, Win. Trumbull, and Enoch

Bartlett

Letter from Francis Worcester relating to a tory .

Letter from John Langdon about rum .

Orders relating to the seizure of rum .

Letters from Tho's Wk Waldron on N. Y. prisoners

Petition from Mrs. Sarah Elliott, for her husband

Letter from James Martin on casting cannon shot

Commission of Capt. Isaac Fry note .

Journal of the House resumed . Names of new members ....

Letters from Elijah Grout, Commissary Letters from Col. John Stark

Order for arrest of Col. Holland and Moore

Letter N. Y. Convention to Comtes of Safety

Letter from Col. Bedel on defence of Coos, &c.

Orders to Gen. Folsora for raising troops

Letter from Noah Emery, Jun., relating to stores

Complaints against certain tories .

Letter sent to Col. Langdon about blankets, &c.

Coi. Stark's letter of resignation

Report of Committee on N. Y. prisoners

Letter from Col. Stark

Letter from Maj. George Reed to Col. Stark

&c.

489 489 490 490 492 492 493

494 494 495

496

497 497

498 499 499 500 501 501 501 502

503-542 503 504

505, 506 507 508 510 512 514 515 517 518 519 521 521

GENERAL CONTENTS.

1777. Mar.

Letter from Maj. Jona. Child on enlistments, &c. . Report of Comtee on date of Commissions Officers appointed in different regiments

Letter from Gen. Schuyler

Resolve from Rhode Island aid asked .

John Taylor Gilinan to receive soldiers' Certificates, &c,

Litigations discouraged

Letter from Elijah Grout, Commissary .

Correspondence between April 12 and June 4, 1777 Letter from Gen. Wayne, at Ticonderoga Letter from Col. Enoch Hale on enlistments Letter from Col. Enoch Hale in favor of Jon. Parker Jun. . . . . . . .

Daniel Fowle and Benja. Dearborn summoned Compliments from Robert Fowle .... Certificate given to Robert Fowle Petition from Hollis Committee .... Letter from N. H. Committee of Safety to Gen. Prescott Letter from Gov. Trumbull to Meshech Weare Letter from Gov. Trumbull to Meshech Weare Letter from Hon. John Langdon, on military stores Letter from Gen. Sullivan, relating to losses at Dan

bury, Conn.

Wages of guard on the sea-coast .... Letters from Hon. Josiah Bartlett on dangers of our

country, raising men for Ticonderoga, &c. Letter from Maj. Jona. Child, on mustering men . Letter from Gen. Washington Resolve of Congress Letter from Comtee of Safety to Col. Langdon Letter from Londonderry, asking for powder and lead Letter from Comtee of Safety, Doct. Silas Hedges accused

Memorial of Lt. John Colcord

Letter from Gov. Cooke, of Rhode Island Orders to Gen. Folsom for Colonels .... Letter from Gen. Sullivan, about Danbury . Letter from Jethro Hurd, of Dover . . Certificate to persons named therein .... Letter from Comtee of Safety, relating to counterfeiters

Orders to Gen. Folsom

Letter from Jacob Treadwell to Maj. Geo. Gains .

PAGES

522 (1)524 531 534 53G

538 540

541-

570 542 513

514 544 545 545 545 546 546 547 543

549

550

551 552 553 553 554 554 555 555 555 556 557 557 558 559 559

(1) The name " Nath'l " Gilman should be Nicb..— ED.

1777.

GENERAL CONTENTS. XVU

TAGES

560

5G0

Mar. Letter from Col. Scammell to Committee of Safety . Proceedings at a meeting in Hampton . Letter to our delegates in Congress, asking for aid

Postmasters and post-riders exempted from military

duty; a prize ship at Portsmouth— certificate for . JJJ

Paul Hale, a counterfeiter "

Boscawen applies for arms, &c

Memorial of prisoners at Portsmouth .

The sloop Friends Adventure .

Letter from Hon. John Bell, of Londonderry . o™

Deposition of Adam Dickey

Letter from Dr. Richard Bartlett, of Pembroke . °™

Letter from Noah Emery, jun ^

General staff of the army, 1775-1777 .

Letter from Massachusetts relating to an expedition to ^

St. John's, in Nova Scotia

Letter from Gov. Trumbull to Meshech Wearo . . ™>

Letter from Nicholas Pike, relating to Col. Asa Porter &w

- j , . 568, 50U

Sundry letters referred to '

Petition of Jacob Sheafe of Portsmouth

June. Journal of the House, resumed . %\~3ll

List of members [see Index— "Names,"] . ba °'

Letter from Capt. Thompson of the ship Raleigh

576

577 578

County officers appointed; providing for troops -

j^eiier ii urn v^cijju. j-ii^."r i

Letter from Gen. Enoch Poor, at Ticonderoga

Letter from Gen. Horatio Gates . .

Letter from Hon. Meshech Weare to John Parker, sheriff 5i 7

Vote for apprehension of Col. Asa Porter

Tories arrested by Col. Thomas Stickney; proceedings

at Portsmouth relating to tories .... 580, 581

Letter from Gen. Schuyler

Votes relating to tories &c. in gaol . £>b-' ° '

Letter from Gen. Sullivan, relating to Gen. Howe . &^

Committee of Safety; tories Ill

Petition of Capt. Wm. Scott . ^

Order from the Board of War °°'

Instructions to our delegates, soliciting aid ... 5bb

Petition to Congress for money .

Letter, intercepted, relating to tories .

An Act for taking up, &c, persons dangerous to the State oJ^

Depositions and orders of Justices, in the county of

Cheshire, relative to tories 594-598

GENERAL CONTENTS.

1777.

Pages

June. Regiments of N. H. militia divided into three brigades 600

Letter from Gov. Cooke of Rhode Island; answer

thereto 601,602

Military officers appointed ...... 605, 612

Justices of the Peace and civil officers appointed . . 609

Letter from Noah Emery, jun., commissary . . . 611

Expedition to St. John's, Massachusetts proceedings 613

Correspondence : between June 28th and July 17th,

1777 614-628

Letter from Gen. Schuyler, relating to Ticouderoga . 614

Certificate of Jn° O'Neil 615

Application of Epping Committee for salt . . . 615 Letter from Keene, asking help for Ticonderoga . . 615 Letter from Vermont, the Militia of that State . 610 Letter from Col. Seth Warner, of Vermont . . 616 Letter from Meshech Weare, relating to salt for Epping 617 Letter from Col. Joseph Badger, relating to Ticonderoga 617 Letter from Col. Ebenr Smith to Committee of Safety 618 Letter from Gen. St. Clair, Ticonderoga evacuated . 618, 619 Letter from Gen. Washington, relating to Gen. Howe 620 Letter from Comtee of Portsmouth on ship Raleigh . 621 Letter to Gov. Trumbull evacuation of Ticonderoga . 621 Letter from officers at Bennington evacuation of Ti- conderoga 023

Letter from officers of New-Hampshire regiments

evacuation of Ticonderoga ..... 623

Orders to Capt. Thomas Gilman, of Exeter gaol . . 021

Letter from Maj. Stephen Peabody battle of Castleton 625

Letter from Col. Benj. Bellows our losses and dangers 625

Letter from Col. Timothy Walker on persons returning

from the army 626

Letter from Col. Enoch Hale in gaol at Charlestown . 626

Private letter from Gov. John Wentworth . . . 627

Private letter to Gov. John Wentworth . . . 62S

July. Special Session— Journal of the House . . . 629-639

Report of Committee on business 629, 630

Letters from Ira Allen, Esq., of Vermont . . . 031

Letters from Gen. St. Clair 631-633

Letters from N. H. Committee of Safety to Massa . 631

N. II. Militia divided into two Brigades . . . 635

Persons inimical to the American cause to be disarmed.

Militia may be drafted 638

GENERAL CONTENTS.

1777. July.

Pages 640-GSO 640 Gil 642 G42, 643 644

Correpsondexce between July 19th and Sept. 17th, 17 Letter to General Stark on the condition of the army Letter from Col. Seth Warner to N. II. Committee Orders to draft men. Advance of British troops Letters from Beza Woodward, Col. John Hurd, &c. Letters from Col. Jacob Bailey and Col. Morey . Letter from Gov. Cooke, of R. I., on appearance of a

fleet 645

Committee of Safety to Gen. Ward .... 645

Orders to Militia Colonels to draft. Letter from ( ien.

Schuyler. Defence of Portsmouth .... 640

Letter from Gen. Folsom 647

Letter from New York Council of Safety on their tri- als, &c 647

Letter from Gen. Wra, Williams to Gen. Stark . . 648

Resolves of Congress, relating to evacuation of Ticon-

deroga 649

Instructions for Gen. Stark ...... 650

Letter from Gen. Stark to Comtee of Safety . ... 650

Resolves of Congress for raising recruits . . . 651

Letter from Geu. Washington to Gen. Putnam relating

to the British fleet ........ 652

Letter from Comtee of Safety to Wm. Weeks, Esq. . 653

Letter from Gen. Washington to Gen. Putnam relating

to Gen. Howe's movements 653

Letter from Gen. Stark, relating to stores at Charles- town, &c. Return of said stores. Letter to Gen.

Stark 654,655

Resolves and order of Congress 656

Letters from Jona. Gove and John Stevens, prisoners

at Exeter 656

Letters from Gen. Gates, asking for troops, and from

Hon. John Hancock. Order of Gen. Stark, &c. . 657

Gen. Burgoyne's orders to inhabitants of Castleton . 658

Gen. Schuyler's address to the same .... 658

Letter from Gov. John Wentworth to his father . . 659

Letter from Gen. Washington on army regulations . 660

Proclamation by Gen. Burgoyne ..... 660

Letters, &c, relating to Gen. Stark's command . . 662, 663 Gen. Burgoyne's instructions to Col. Baum . . . 664

Letter from Maj. Jona. Hale to Col. Morey . . . 666

Letter from persons in the army belonging to New Ipswich 667

XX GENERAL CONTENTS.

*■'«'• PAGES

July. Vermont Council of Safety to Col. Marsh ... C68 Gen. Stark's first engagement at Bennington; trophies

of war sent to New-Hampshire 669

Gen. Stark's account of the battle at Bennington, 16th

August, 1777; notes, &c 670,671

Letter from Gen. Stark; order of Committee of Safety;

Col. Nathan Hale to be arrested .... 672

Resolves of Congress, relating to Quakers . . . 673

Letter from our delegates in Congress . 673

Resolve of Congress, relating to military stores, &c. . 675

Petition of William Vance for relief from prison . 675

Remonstrance against release of Col. Holland . . 675

Letter from Jere. Clough, in Exeter gaol, to his father 676

Letter from Plymouth, relating to counterfeiters . . 676

Resolution relating to Mark Hs Wentworth . . . 677

Movements of Gen. Lincoln ; the battle of Brandywine 678

Letters from Gen. Stark and Gen. Gates ... 679

Orders to Col. Stephen Evans to march to Bennington 679 Letter to Gen. Stark desiring him to remain in the

service 680

Journal of the House— resumed .... 681-699 List of members, towns, and distance .... 681-6S3 Report of Committee on a new proportion of taxes . 085-689 Letter from Capt. Thomas Thompson, of the ship

Raleigh 690

Report of Committee on paper currency . . . 691

Report of New England Convention at Springfield, Mass. 691

Letter from Capt. Paul Jones 692

Letter from Col. Stephen Evans, order to march . . 693

Resolve relating to driving cattle, &c, out of the State 696

A prison-ship to be provided for prisoners ... 697

Gen. Whipple to command the Northern army . . 697

Letter from Gen. Jacob Bailey 697

Letter from Gen. Bailey 69S

Letter from Peter Labaree, Esq 698

Orders from Charlestown Comtee of Safety about prisoners 698

Vote for calling new members of the Assembly . . 699

Sept. Correspondence, from Sept. 30 to Oct. 23, 1777 . 700-711

Letter from Col. John Hurd, relating to Capt. Thornton 700 Letter from Comtecof Safety in Newington, about Benj.

Adams 701

GENERAL CONTENTS.

1777. Sept. Oct.

Nov.

Red

Letters from Col. Goffe and Hon. Nath1 Folsom Orders to Gen. Whipple to re-inforce the Northern army Thanks by Congress to Gen. Stark Letter relating to a flag of truce from R. I.

Reply to said letter

Letter from Stephen Holland to be allowed bonds

Letter from Comtee of Safety to Gov. Trumbull .

Letter from Dr. Silas Hedges about counterfeiters

Court-martial, Maj. Gen. Sullivan

Letter relating to the above from Hon. John Hancock

Orders of Committee of Safety to Noah Emery, Jun.

Letter from Gen. Sullivan— battle of Germantown

Letter from Gen. Folsom relating to Gen. Howe's army

Letter from Gen. Wm. Whipple .

Letter from Gen. Win. Whipple relating to Burgoyne's

army

Account of the British army under Burgoync Prisoners taken at Saratoga . Ordnance and Stores taken at Saratoga Letter from Col. Evans relating to a part of his

ment

Deserters from Col. Evans's regiment, names of

Journal of the House resumed . Vote in relation to Quakers ..... Form of Oath and Declaration to be taken . General Thanksgiving for Victory, &c. . Affairs in Grafton County— Asa Porter Embargo Act repealed ..... Appointment of Civil officers .... Act relating to taxes in unincorporated places Letter from Gen. Bailey .... Act relating to persons suspected of treason Encouragement for manufacture of paper Abstract of proceedings of the Assembly from the 19th to the 29th of November

Correspondence from Nov. 1 to Dec. 17, 1777 . Letter from Col. Bailey relating to suspected persons Resolves of Congress, relating to North River passes Letters from Col. Morey and Geo. J. Trumbull. Arti- cles of agreement relating to manufacture of powder

Pages

701 701 702 702 702 703 703 703 703 704 705 705 706 706

707 708 708 709

709 710

712-725 713 714 716 717 718 718 719 720 721 721

722-725

726-736 726 726

727

XX11 GENERAL CONTENTS.

1777. pages

Nov. Letter from Col. Senter. Richard Peters. Resolve of Congress relating to outstanding bills, &c. Letter from Gen. Heath about Canadian prisoners . . 728

Resolves of Congress relating to prosecution of the Avar 728-732 Letters from Londonderry, relating to Col. Holland 732

Resolves of Congress, relating to an enterprise under

Gen. Stark 733,734

Letter from Londonderry, relating to Robert Fulton 734

Letter from Gen. Poor about N. H. troops. Note . 735

Dec. Journal of the House resumed .... 736-746 List of members of the House [see Index " Names"] 736-739

List of members of the Council 739

Rules of the House 740

Petition of Comtce of Safety in Chesterfield ... 741

Letter from Gov. Cooke of R. I. John Robertson. Hon. Henry Laurens. Answer to Gov. Cooke, and report and resolution relative to aid for Rhode Island . 742

Gen. Sullivan in the battle of Brandywine. Letter

from Gen. Sullivan 743

Act relating to persons inimical to the States . . 745

Report on public affairs ...... 746

Articles of Confederation 747-753

Letter from Hon. Henry Laurens relating to said articles 754 Letter from Hon. Nath1 Folsom relating to the same . 755 Hon. Josiah Bartlett and Wm. Whipple, delegates to Congress. Nicholas Gilman, treasurer and receiver- general 756

Directions for calling a free representation in conven- tion to form a new constitution ..... 757, 758

Order respecting New York tory prisoners at Amherst 759

Wyseman Clagett. Note ...... 759

1778. Jan. Military and civil officers appointed .... 761

Return of numbers wanting to complete the Continental

troops Resolves of Congress 764, 765

Feb. Journal— continued 766

List of Representatives and of the Council [see Index

—"Names"] 766,767

Notice to absentees and deserters from the army, by

Gen. Poor 769

GENERAL CONTENTS.

1778 Feb.

Mar.

Au£.

Oct.

Board of "War appointed

Samuel Livermore, Esq. Note ....

Exeter the place of Rendezvous for soldiers

Report on calling a Convention at Concord, to form a

constitution .

Act to dissolve the marriage relation of Robert and

Elizabeth Rogers

Report on the manufacture of wool cards Resolution to adopt the Articles of Confederation Vote to raise money, issue notes, &c. Delegates to Congress chosen .... Play at cards by members of the house offensive . Notes by the editor

Journal of the House continued

List of members of the House [see Index " Names,"]

List of the Council

Delegates to Congress, appointed ....

Vermont controversy. Note ....

Prisoners at Exeter, report upon

Committee of Safety, appointed, &c.

Case of Stephen Holland of Londonderry. Note

Defence of Piscataqua harbour ....

Rhode Island volunteers

Manufacture of paper

Resolve to confiscate property of tories, &c. . Naval and civil officers. Thanks to Gen. Sullivan Damages and losses at New Castle estimated

Packs

771

772

770, 773

774, 775

777 777 778 779 7S0, 783 783 7S0

787-815

7S7, 788 788

789, 790 790 791 792 793 797 800 802

803, 808 805 806

Public Acts: (1) To prevent the return of certain deserters, who have joined the British. (2) To con- fiscate the estates of such persons .... 810-814

Dec. Proceedings of General Assembly from Dec. 18 to

Dec. 24 815, 816

Resolves of Convention relating to New Hampshire

Grants 817,818

Journal of General Assembly from Dec. 26, 1778 to

Apr. 3d, 1779 819-826

List of Representatives [see Index "Names,"] . .819-821

List of Council, Rules, &c 821

1779 Mar. Sale of Gov. John Wentworth's estate (in part) . . 822

XXIV GENERAL CONTENTS.

1779. PAGES

Mar. Vote of thanks &c. to Col. Joseph Cilley ... 823

Committee of Safety. Civil officers .... 825, 826

June. Address of Congress to the people of the United States 827

Civil officers appointed 828, 829

Raising soldiers for the Continental service, and, pro- portion for Rhode Island 830

Oct. New-Hampshire Grants. Tory families in Dunbarton,

Goffstown, &c 833, 834

Nov. Field officers for the 9th regiment . . , . . . 835

Stores at No. 4 to be disposed of 836

Civil officers appointed. Soldiers to be supplied with

clothing, &c 837,838

Dec. List of Representatives [see " Names" and Index] . S39-841

Members of the Council 841

Re-enlisting Continental troops. Bounty . . . 842

Samuel Livermore, Esq., delegate to Congress . . 844, 845

17S0.

Jan. Committee of Safety S45

Implements for counterfeiting found .... 847

Depreciation money ....... 848

Rule of estimation for inventory of estates . . . 849-851

Instructions to Committee of Safety .... 854

April. Supplies for the Continental army. Gov. Wentworth's

farm at Wolfeborough ...... 855, 856

Table of depreciation of currency .... S58

June. Members of the Council. Sale of Gov. Wentworth's

estate 860, S61

Rule for proportioning men to be raised from the militia

in the State 862, 863

Estates of absentees to be sold 864

Proportion of men to be stationed at Portsmouth, and

on the Western frontier 865

Proportion of officers and men for the Continental army 866

Militia of the State to be in four Divisions . . . 867

Correspondence 868-873

Letter from Col. Moses Nichols relating to our troops in

the Highlands, N. Y 869

Letter from Gen. Washington on distressed condition

of the army 870

Letter relating to the troops in Coos .... S72

GENERAL CONTENTS. XXV

1780. PAGES

June. Letter appointment of Col. Jabez Hatch, Dep. Qr.

Master 872

Letter from the President of Congress on arrangements

for the army 873

Oct. Jourxal resumed 884

Precept for calling a new Assembly, and also a Conven- tion to settle a Plan of Government .... 875 Nov. Officers of the tenth Regiment of militia, and civil offi- .

cers 878,879

List of Towns discounted for money advanced for boun- ties to soldiers 880

1781.

Jan. Rev. Israel Evans note 882

Letter from Gen. John Stark 883

Instruction to delegates in Congress respecting the New- Hampshire Grants 885

Report of Committee on calling a Convention . . 885

Report of Committee on pay of soldiers in the army dur- ing the war ........ 886

Votes relating to delegates for Congress . . . 887

Scouting parties on the Western frontiers. Committee of Safety 888

Mar. Names of members of the Council 890

Votes relating to N. H. soldiers in the Massachusetts

service, and to depreciation of currency . . . 892

Report on Petition of Gen. James Reed supplies for

the army 893

Votes relating to Ecclesiastical difficulties in Goffstown, to a representative from Hollis, to a Convention in Concord for settling a form of Government, to milita- ry offices in the State, soldiers not to be imprisoned

for debt 894,895

Apr. Phillips Exeter Academy incorporated .... 895

Estates of Absentees to be confiscated. Dartmouth Col- lege lands. Western frontiers 896

Resolve for calling a Convention, at Concord, to form

a Constitution. Yeas and nays .... 897

Letter relating to the sale of Stephen Holland's lands . 899

June. List of members of House of Representatives . . 900-903 Appointment of 650 men for the army field officers . 904, 905

2a

GENERAL CONTENTS.

1781. June.

Aug. Nov.

Dec.

1782. Mar.

June.

Sept. Nov.

1783. Jan.

Feb.

Mar.

Table of depreciation of currency . Letter from Lt. Bezaleel Howe Letter from Capt. Ebenezer Webster Filling up our quota of the Continental army- Appointment of civil officers . Release of persons imprisoned at No. 4 Rules of the House .... Names of members of the Council Delegates to Congress .... An armed force for the western part of the State.

portion of men to be drafted therefor, &c. A tax, to raise £110,000 Batteries at Piscataqua harbour . Meeting of the General Assembly at Concord

List of Representatives and of the Council, 1782 Courts opened in Grafton county. Appointment

civil officers . ...

Defense of Piscataqua harbor .... Celebration of the birth of the Dauphin of France Resignation of Chief Justice, Hon. Meshech Weare Resolution relating to certain towns in Vermont Hon. Samuel Livermore appointed Chief Justice . Hon. John Sullivan, Attorney General Companies for defense of the frontiers . Letter from Capt. Isaac Frye ....

Towns classed for representatives Votes relating to Mrs. Holland, wife of Stephen H.

Ferry over Merrimac river

Appointment of civil officers .....

Payments to civil officers and others

Address to the Commander of the French forces

Portsmouth

Pro

of

Letters from Hon. John T. Gilman

Articles of Peace signed at Versailles .

Letter from Hon. John Sullivan. Delegates to Com

Form of Inventory for taxes

Estate of John Tufton Mason .... Resolution relating to the existing form of government Appointment of civil and military officers . Names of sick or wounded soldiers

Pages

907

909

909

912

916

917

-922

918

-921

921

923

,929

925

-928

927

929

032

-936

933-935

939 941 942 942 943 944 945 946 948 949 953, 960 953 955 957

9C0

902-964

963

? 965

966

9G7

969, 970

970, 972

973-975

GENERAL CONTENTS. XXV11

1783. PAGES

April. Enlistments suspended 970

Report of a committee of Congress, relating to the

inhabitants in the several States for taxation . . 97G

June. A ferry over Saco river. Phillips Exeter Academy . 977

Civil officers appointed. Custom House at Portsmouth 978 Address to the people of New-Hampshire, relating to

the eighth article of confederation .... 980-983

Thanksgiving for Peace,— a Proclamation . 984

Names of the Honorable Councilors in Neiv-Hampshire, under the Constitution, from 1776 to 1783.

1770. MESHECII WEARE,

MATTHEW THORNTON,

WILLIAM WHIPPLE,

JOSIAH BARTLETT,

NATHANIEL FOLSOM,

THOMAS WESTBROOK WALDRON,(l)

EBENEZER THOMPSON,

WYSEMAN CLAGETT,

JONATHAN BLANCHARD,

SAMUEL ASHLEY,

BENJAMIN GILES,

JOHN HURD.

1777. NICHOLAS GILMAN,

GEORGE ATKINSON, TIMOTHY WALKER, MATTHEW PATTEN, BENJAMIN BELLOWS.

1779. MOSES NICHOLS, JACOB ABBOT.

1780. GEORGE ATKINSON, JOHN McCLARY,

(1) It does not appear from the records that Thomas W'k Waldron took his seat as a councilor, but that Hon. John Wentworth -was in his stead as councilor from Stratford Co.

XXV111 GENERAL CONTENTS.

1780. TIMOTHY FARRAR, SAMUEL HUNT, ENOCH HALE, CHARLES JOHNSTON.

1781. WOODBURY LANGDON, GEORGE FROST, JOHN HALE, WYSEMAN CLAGETT, BENJAMIN BELLOWS, FRANCIS WORCESTER.

1782. TIMOTHY FARRAR, JACOB ABBOT, THOMAS SPARHAWK, CHARLES JOHNSTON.

1783. FRANCIS WORCESTER.

NEW-HAMPSHIRE

STATE PAPERS,

VOLUME VIII.

REVOLUTIONARY PERIOD.

Journal of the House of Representatives,

A Journal of the House of Representatives of the Colony of New-Hampshire, who Convened at Exeter as Delegates From the Several Towns, Parishes & Places in said Colony on the Twenty first day of December A: Dom 1775, and Continued A Congress, untill the Fifth day of January A : Dom 1776, and Then (by leave of the Honble The Con- tinental Congress) Resolved themselves into a House of Representatives or Assembly for the Colony of New-Hamp- shire.

In Congress Friday November 3d 1775. The Congress taking into Consideration the report of the Committee on the New-Hampshire Instructions Resolved, That it be recommended to the Provincial Convention of New- Hampshire to Call a Full and Free Representation of the People, and that the Representatives, if they think it Neces- sary, Establish Such a Form of Government, as in their Judgment will best Produce the Happiness of the People, & most Effectually Secure Peace and good order in the Province

2 COLONY OF NEW-HAMPSHIRE. [1776.

During the Continuance of the Present Dispute between Great Britain & the Colonies.

Extract from the Minutes Chas Thompson Seer'7 By order of Congress John Hancock, President A true Copy Att Noah Emery Depty Secr^.

In Congress at Exeter Janry 5th 1776.

Voted That this Congress Take up Civil Government for this Colony in manner and Form Following viz.

We the members of the Congress of New-Hampshire Chosen and Appointed by the Free Suffrages of the People of said Colony, and Authorised and Impowered by them to meet together, and use such means and Pursue Such Measures as we Should Judge best for the Public Good ; And in Particu- lar to establish Some Form of Government, Provided that Measures should be recommended by the Continental Con- gress; And a Recommendation to that Purpose having been Transmitted to us From the Said Congress; Have taken into our Serious Consideration the Unhappy Circumstances, into [p. 2.] which this Colony is Involved by means of many Grievous and Oppressive Acts of the British Parliament, Depriving us of our Natural & Constitutional rights & Privi- leges ; To Enforce Obedience to which Acts, A Powerful Fleet and Army have been Sent into this Country, by the ministry of Great Britain, who have Exercised a Wanton & Cruel Abuse of their Power, in Destroying the Lives and Properties of the Colonists in many Places with Fire & Sword ; Taking the Ships & Lading from many of the Honest and Indus- trious Inhabitants of this Colony Employed in Commerce, agreeable to the Laws & Customs a long time used here, The Sudden & Abrupt Departure of his Excellency John Went- worth Esqr our Late Governor, and Several of the Council, Leaving us Destitute of Legislation, and no Executive Courts being open to Punish Criminal Offenders ; whereby the Lives and Propertys of the Honest People of this Colony, are Lia- ble to the Machinations & Evil Designs of wicked men ; Therefore for the Preservation of Peace and good order, and for the Security of the Lives and Properties of the In- habitants of this Colony, We Conceive ourselves Reduced to the Necessity of establishing A Form of Government to Con- tinue During the Present Unhappy and Unnatural Contest with Great Britain ; Protesting & Declaring that we Never

1776.] JOURNAL OF THE HOUSE. 3

Sought to throw off our Dependance upon Great Britain, but felt ourselves happy under her Protection, while we Could Enjoy our Constitutional Rights and Priviledges, And that we Shall Rejoice if Such a reconciliation between us and our Parent State can be Effected as shall be Approved by the Continental Congress in whose Prudence and Wisdom we confide Accordingly Pursuant to the Trust reposed in us, We do Resolve That this Congress, Assume the Name, Power & Authority of a house of Representatives or Assembly for the Colony of ISFeiv- Hampshire. And that Said House then Pro- ceed to Choose Twelve Persons being Reputable Freeholders and Inhabitants within this Colony, in the Following manner viz, Five in the County of Rockingham, Two in the County of Strafford, Two in the County of Hillsborough, Two in the County of Cheshire, and one in the County of Grafton, To be a Distinct and Separate Branch of the Legislature, by the Name of A Council for this Colony, to continue as Such un- till the Third Wednesday in December next ; any Seven of whom to be a Quorum to do Business. That Such Council appoint their President ; and in his absence that the Senior Councellor Preside.

That a Secretary be appointed by both Branches, who may be a Councellor, or otherwise as they shall Choose.

[p. 3.] That no act or resolve Shall be Valid & put into Execution unless agreed to, and passed by both Brandies of the Legislature.

That all Public Offices for the Said Colony, and Each County, for the Current Year, be appointed by the Council & Assembly, Except the Several Clerks of the Executive Courts, who shall be appointed by the Justices of the respec- tive Courts.

That all Bills, Resolves, or votes for Raising Levying & Collecting money Originate in the House of Representatives.

That at any Session of the Council and Assembly, Neither Branch Shall Adjourn for any Longer time than from Satur- day till the Next Monday without Consent of the other.

And it is further Resolved, That if the Present unhappy Dispute with Great Britain Should Continue longer than this present year, & the Continental Congress Give no Instruc- tion or Direction to the Contrary The Council be chosen by the People of Each respective County in such manner as the Council & house of Representatives shall order.

That General & field officers of the Militia, on any Vacan- cy, be appointed by the Two houses and all Inferior officers be chosen by the respective Companys.

4 COLONY OP NEW-HAMPSHIRE. [1776.

That all officers of the Army be appointed by the Two houses, Except they should Direct otherwise in case of any Emergency.

That all Civil officers for the Colony & for Each County be appointed, & the time of their Continuance in office, be Determined by the Two houses, Except Clerks of Courts, & County Treasurers, & recorders of Deeds.

That a Treasurer and a recorder of Deeds for Each County be Annually Chosen by the People of Each County Respec- tively ; The votes for Such officers to be returned to the re- spective Courts of General Sessions of the Peace in the Coun- ty, there to be ascertained as the Council & Assembly Shall hereafter Direct.

That Precepts in the name of the Council & Assembly Signed by the President of the Council & Speaker of the House of Representatives, shall Issue Annually at or before the first day of November, for the Choice of a Council and house of Representatives to be returned by the third Wed- nesday in December then next Ensuing, in such manner as the Council & Assembly Shall hereafter Prescribe.

Upon reading the Petition of the agents for the Town of Newtown against Joseph Bartlett, Esq' (being Present before the House) ordered that the Parties be heard thereon before this house on the 18th day of January Current if the Assem- bly be then Sitting and if not then on the Second day of their Sitting after that time.

Petition of Inhabitants of Neivtown.

[MS. State Pap. Vol. III., p. 1.]

To the HonbIe Gent" of the Congress for the Collony of New-Hamp- shire Holden at Exeter on Jany Instant 1776

The Petition of us the subscribing agents for the Town of Newtown in sd Province: Humbly sheweth That a Greeable to an express ree'd from the Committee of Safety of the 20th of April last, a number of the inhabitants being together on a Publick fast it was thought expedient by some after service without any further notice to appoint some per- son to repair immediately to Exeter & join in Congress in consulting measures for the Public Safety Upon which Joseph Bartlett Esq1 was nominated & chosen who according to his appointment repaired to Exeter, who upon his return among other intelligences Gave the surprising a Count that he was to continue in office for six months from ye 17"1 of May last thus things continued for some time at length a different a Count was circulating that the former Congress was desolved, & that we ought to have been notified & made a new choice & that the reason why we ware not Notified was not owing to deficien-

1776.] JOURNAL OF THE HOUSE. 5

cie in Congress, but suttlefcy in our delegate upon this the town grew uneasy, & a Petition from a great number of the Inhabitants was sent to Exeter to be Presented in Congress. But previous to its being Lodged it was thought Proper to propose a mode of settlement to sd Bartlett who was then setting in Congress to which he a Greed to the acceptance of those intrusted with s'1 Petition which occasioned its not being Presented in Congress. Since which sd move of settlement Proving ineffectual for the purposes designed makes it necessary for this Application to this Hbnble Congress, earnestly asking your attention to this affair at such a time as your honours in your wisdom may sett apart for that purpose not doubting but that we shall be able to make it fully Appear that the sd Bartlett had no right to represent this town in Congress Since the 17th of May last & consequently that we have no right to be taxed with his services. The election of a delegate to represent us especially in this difficult day we look upon a great Privi- lege & to have it rested from us by artificial methods adds a peculiar pungencie to ye grief & makes it tedious to Beare we only further ask thatif on finding our cause right & just & the sd Bartlett the faulty cause of all this trouble you give us cost. Thus we in the Name & Behalf of our a Grieved Brethren the inhabitants of Newtown shall ever pray, &c.

Stephen Bartlett Robert Stewart Timothy Favour Abraham Kimball.

Voted That the HonbIe Matthew Thornton Esqr be Speaker of this House.

Voted That Ebenezer Thompson Esqr be Clerk of this House.

Voted That Noah Emery Esqr be Assistant Clerk of this House.

Adjourned till Tomorrow morning 9 o'Clock.

[p. 4.] Saturday January 6th 1776.

The house met according to Adjournment.

Voted That the last book of records of the Court of Pro- bate be returned to William Parker, Esqr in order for him to Compleat the Records.

Voted That the Several Muster rolls of Cap* Salter & Cap' Daniel be paid Agreeable to return of the Committee for Ex- amining Muster rolls, Stopping out Such Stoppages as are mentioned in their report thereon.

Voted That the Matrosses under Command of Capt Salter & Capt Daniel be paid off monthly for the future.

Voted That the Account of the Select men of North- hampton amounting to seven pounds nineteen Shillings (for blankets) be allowed & paid out of the Treasury.

6 COLONY OF NEW-HAMPSHIRE. [1776.

Yoted That the Treasurer & Deacon Samuel Brooks be a Committee to receive and pay off for all the Blankets that may be Collected in this Colony for the Continental Army and to make report thereof to this house.

Then the House Proceeded to choose Twelve Councellors for this Colony and Voted That the Honbfe Meshech Weare Esqr be first Councellor for this Colony The HonMe Matthew Thornton Esqr (Second) William Whipple Esqr (third) Josiah Bartlett Esqr (fourth) Nathaniel Folsom Esqr (fifth) Councellors for the County of Rockingham, Thomas West- brook Waldron Esqr (Sixth) & Ebenezer Thompson Esqr (Seventh) for the County of Strafford, Wyseman Clagett Esqr (Eight) & Jonathan Blanchard Esq1 (ninth) for the County of Hillsborough, Samuel Ashley Esqr (Tenth) & Benjamin Giles Esq1" (eleventh) for the County of Cheshire and John Hurd Esqr (Twelfth) for the County of Grafton, for the Current year.

Voted that Ebenezer Thompson Esqr be Secretary for this Colony For the Current year Then the Hon"6 the Council & Secretary left the house.

Whereupon the house Voted That Clement March Esqr be Chairman of this House, P. T.

Voted That Samuel Cutts Esqr have an order on the Treasury for Three hundred Pounds to be by him accounted for. Adjourned to Monday next at 3 o'clock afternoon.

Letter from Pierse Long, Esq. [State Pap. Revn Vol. III. p. 19.]

Portsm0 January 6th 1776.

Sir— Mr. MeCIure Tells me there was some difficulty respecting the Roles, which prevented the Moneys from being paid. I sincerely wish every obstiele may be Removed, and their wages may Immediately come down, For I heartily wish to see the time for to get the Troops of. Mr. Ayres whom you have appointed waggon master, says he can't make it convenient to undertake for more than Cap18 .Bearings, Wiggins & Brewster's Companys, as the others Lives far out of his way, and consequently his Expenses in making preparations will be large; I think in order to save all that Expense those several Captains had better pro- vide carriages for themselves and men. as they will be able to deter- mine the hour perhaps they will go from their Rendezvous. There is one Mr. Beal of this Town an officer of Col. Poor's Regiment, who is Inlistingmen from out of the companies down here, to serve during the War. There is a Resolve of Congress dated I think 16'h Sept. last, which no Doubt you have, which he thinks authorises him.

The prisoners who are set at Liberty by virtue of your Vote, are without Money or friends, wandering about within their limits, Reflect-

1776.]

JOURNAL OF THE HOUSE.

ing on us for making no provision for them. I have been obliged to let some of them sleep in the Barracks, otherways they would in all proba- bility have perished this Inclement season. I had forgot to mention that Mr. Beal has applied to me for a Barrack & other necessarys for his men. I would Likewise inform yon That I have paid all the Car- penters who wrought on the new Barracks and on the Bridge, and have purchased near a Sloop Load of Wood at 4 dollars per cord, for the Forts and Troops, which leaves in my hands about one hundred pounds Of the sum of Two Hundred & Thirty five pounds Received of Col°Langdon; and must add theres not one stick of wood now either at the Barracks or Forts, excepting a small matter at Capt Sal- ters. I am this day a going again to find where I can purchase any. For tliey cant do without. I must Intreat your attention to the poor prisoners, who are continually at my house in Droves, Begging for pro- visions to be made. The Staff Role will be handed to you by Mr. Mc- Clure. Have nothing further to add, But am, Sir, your m' hum Sev1

Pierse Long.

P. S. After I have purchased some more wood I will call on you and settle the above ace13 . Indorsed— "Col. Long's letter to ye President, Jan* 6th 1776."

Monday Jany 8th 1776.

The house met according to adjournment, and the Chair- man not being present, Voted that Phillips White Esqr be chairman pro Tempore.

Voted That this House Proceed to the choice of a Speaker, and that he be Chosen by Ballot, and the Votes being Count- ed it appeared That Phillips White Esqr was Chosen Speaker of this House, who took the Chair accordingly.

Voted that Noah Emery Esqr be Clerk of this House.

Voted to Choose a Committee of Five Members of this house to draw up Rules for the order of this house & that Cap* Giddings, Cap* Long, Majr Downing John Dudley, Esqr & Col Walker be the Committee for that purpose & to report as soon as may be.

[p. 5.] Janry 8th 1776— P. M.

Voted that Precepts be sent out to the several Towns & Places in this Colony (whose Representatives are advanced to the Council) to Choose New Members to Represent them in this Assembly.

The Clerk of this House being Necessarily Called out of the house, Voted That Samuel Cutts Esq1 be Clerk pro Tem- pore.

8 COLONY OF NEW-HAMPSHIRE. [1776.

Voted to Choose Two Monitors, and that Israel Morey Esqr & Doc* Levi Dearborn be Monitors of this House. Adjourned to 9 O'Clock Tomorrow morning.

Tuesday Jany 9th 1776.

The house met according to adjournment. The Commit- tee appointed yesterday to draw up Rules for the order of this house, made report of Twelve rules following, which be- ing Distinctly read & Considered, Voted that the Same be ac- cepted, adopted, and made rules for the order of this house, and are as Follows, Viz4.

1st That Whoseoever shall by any Misbehaviour in Speech or action Justly offend any of the members of the House, Shall for the first of- fence be admonished and for the Second be Fined as the house shall see meet.

2d That no member Speak twice to any matter in Debate before the House Until every member have Liberty to Speak once to the Same matter if he Should see Cause.

3'1 That every member Direct his Speech to the Speaker, and not one to another, and when any member has a mind to Speak to any mat- ter in Debate he shall Stand up and ask leave of the Speaker, and not Speak without his Consent, and shall be Silent at his Command; But if the member Speaking think such Command unseasonable or unreason- able, the Speaker Shall take a Vote of the House thereon, To which Such member Shall Submit on Paiu of Forfeiting Such Sum as the House Shall Determine.

4th That Whenever it happens that there are as many Votes on the one Side of a Question as on the other without the Speaker, That then the Speaker make the Casting Vote.

5lh That If the Speaker be absent, the House may choose a Speaker pro Tempore That the business of the House may be Carried on with- out Delay.

6lh That if any member, after being Qualified & Entered, Shall ab- sent himself at any time without Leave from the House, he Shall be Liable to be fined at the Discretion of the House.

7th That if any member of this House Shall by the major part of the House Be thought unfitt; and not Qualified for Said Place, It shall be fp. 6.] in the Power of the House to Dismiss Such Person, Giving Notice to the Town or Towns, Parish or Parishes where he belongs to Choose another to fill up such Vacancy.

81' That Every Bill to be passed in this House, Be read Three times, and that there be Two adjournments of this House before any Bill be Passed into An act.

9th That the Speaker & Thirty of the members returned, be a House to do Business.

1776.] JOURNAL OF THE HOUSE. V

10th That no Vote that is passed in this House shall be reconsidered by a Lesser Number than were Present when Passed.

11th That no Vote Shall be Valid unless Passed by a majority of the members Present

12th That no member make any new motion untill that which is un- der Consideration is Determined or Postponed.

Voted, That Col0 Morey be Excused from being a Monitor to this house, and That Samuel Cutts Esqr be Chosen & Ap- pointed in his room

Voted That Cap Long, Col0 Morey & John Dudley Esq, be a Committee of this House to Confer with a Committee of the Honble Council and report to this house what Business is Necessary to be Immediately Entered upon.

General Folsom Came down from the board & Informed the House that the Honble Council had appointed a Commit- tee to join the Committee of this house to Confer & report what Business Shall be Immediately Entered upon, and the Committee of this house Immediately Attended them accord- ingly.

The House adjourned to 3 o'clock P. M.

The house met according to Adjournment.

Voted, That John Dudley Esqr Col0 Walker, John Mo- Clary Esqr Col0 Evens & Cap4 Prentice be a Committee to Draft an Act to Confirm the Proceedings of the late Con- gresses— Excepting what relates to the pay of the members of this House.

Voted, That Noah Emery & Samuel Cutts Esqr & Col0 David Gilman be a Committee of this house to join a Com- mittee of the Honble Council To Revise the System of Laws Lately in force in this Colony, and to Report what Altera- tions additions & amendments of them are Necessary to be made in our Present Circumstances, For the Guidance of the Executive Officers of Government. Sent up for Concur- rence.

The honble Council Joined to the above Committee the Honble Matthew Thornton, Ebenezer Thompson & Wyseman Clagett Esqr—

Voted, That Mr Secretary Thompson & Co1 Baker be De- sired as soon as may be to procure Two books for records.

10 COLONY OF NEW-HAMPSHIRE. [1776.

The one for the Honble Council and the other for this House, and that the Treasurer be Directed to pay for them. Sent up for Concurrence. Then the House adjourned to Tomor- row morning, 9. o'clock.

[p. 7.] Wednesday Janry 10th 1776.

The House met according to Adjournment.

The Clerk of the house being Necessarily Called away

Voted That Timothy Walker Junr Esqr be Clerk pro Tem- pore.

Voted, That John Dudley Esqr. Capt Prentice, Mr. Baldwin & Mr. Chase be a Committee to State the wages of the Present House of Assembly & the Hon.bIe Council, and make report to this house as Soon as may be.

Voted, That the Clerk of this House Apply to the Honble Meshech Weare Esqr, Clerk of the Late House of Assembly of this Colony for the journals & files of said late Assembly.

Voted, That Co1 Morey, Co1 Gerrish, Major Bellows & Capt Prentice be a Committee to State the Quantity & Quality of fire arms Necessary to be Purchased by this Colony, and make report to this house as soon as may be.

Voted, That Col0 Nicholas Gilman Esqr Be and hereby is appointed Treasurer & Receiver General for this Colony for one year from the Twenty first day of December last, and to Continue after that Time untill a New Appointment of the General Assembly, he giving bond with two Sufficient Sure- ties in the Sum of one hundred Thousand Pounds to the Speaker of this house, for the time being, in behalf of the Colony for the faithfull Discharge of his Trust.

Sent up to the board by Co1 Gilman & Capt Moulton. Vot- ed, That the Town of Allenstown, being Taxed the last year the Sum of <£3 . . 6 . . 1, more than their proportion, with other towns in this Colony, The Said Town be abated that Sum. Sent up by Co1 Gilman & Capt Moulton.

Voted that the HonbIe Meshech Weare Esqr— be Chief Justice of the Superiour Court of Judicature for this Colony. That Matthew Thornton Esqrbe Second Justice, Leverett Hubbard Esqr third Justice and Elisha Pain Esqr Fourth Justice of Said Court. Sent up by Col0 Gilman & Capt Moulton

Adjourned to half after 2 o'clock P. M.

1776.]

JOURNAL OF THE HOUSE. 11

Jany 10 P ra.

The house met according to Adjournment. Upon a mo- tion made by Sam1 Sherburne Esqr Voted that he wait on the Houble Council and Enquire whether they have received any Publick Letters Mr. Blanchard Came down from the board & Informed the House that the Hon"" Council had received no Public Letters but what they had Communicated to the house.

Voted That Thomas Sparhawk Esqr be Judge of the Pro- hate of Wills and for Granting administration of the Estates of Persons Deceased in & for the County of Cheshire, and that Iehabod Fisher Esqr be register for that County.

Voted That Samuel Ashley Esq be first Justice of the In- feriour Court of Common pleas for the County of Cheshire ; Benjamin Bellows Junr Esqr Second Justice, Samuel Chase, Esqr third Justice and Enoch Hale, Esqr the fourth Justice of said Court.

Voted, That Benjamin Bellows Jur Esqr be Recorder of Deeds & Conveyances for the said County of Cheshire.

Voted, That Samuel Hunt Esqr be Sheriff of the County of Cheshire.

[p. 8.] Voted, That Thomas Sparhawk Esqr be County Treasurer for the County of Cheshire.

Voted, That Matthew Patten Esqrbe Judge of the Probate of Wills & for granting administration of the Estates of Per- sons Deceased in and for the County of Hillsborough.

Voted, That Jonathan Lovewell Esqr be first Justice of the Inferiour Court of Common pleas, for the County of Hills- borough, Jeremiah Page Esqr Second Justice, Timothy Far- rar Esqr third Justice and Henry Gerrish Esqr fourth Justice of said Court.

Voted, That James Underwood Esqr be Register of the Court of Probate for sd County of Hillsborough.

Voted, That Moses Nichols" Esqr be recorder of Deeds & Conveyances for the County of Hillsborough.

Voted That Deacon Nahum Baldwin be County Treasurer for the County of Hillsborough.

Voted, That Moses Kelley Esq1 be Sheriff of the County of Hillsborough.

The foregoing Eleven Votes for officers were Sent up to the honUe Board.

The house adjourned till tomorrow 9 O'Clock forenoon.

12 COLONY OF NEW-HAMPSHIRE. [1776.

Thursday Jany 11th 1776.

Met according to Adjournment.

Voted, That William Parker, Esqr one of the Paymasters to our Forces have an order on the Treasurer for Three hun- dred & thirty five pounds, Seven Shillings & five pence, to pay off the rolls yet unpaid, and that the President of the Council give his warrant on the Treasurer for the Same, Ac- cordingly. Sent up to the board.

Voted, That Theophilus Gilman & Cap* Charles Rundlett be added to the Committee for Examining accounts against this Colony.

A Petition of Sundry Members of this house being read Voted that it lay upon the Table for Consideration.

Adjourned to 3 o'clock afternoon.

The house met according to Adjournment.

A Copy of an anonimous Letter was bro't into the house by one of the members & ordered to be read (by the Speak- er) whereupon the Clerk of the house read the same, and is as follows

Portsmouth Jan» 11th 1776

Dear Sir, as the Committee Chosen yesterday by this Town are just agoing to Exeter, with a Petition & remonstrance to the Congress Against their Proceedings, I thought I would Just Inform you of it. For I think it gives a Silley Cast to all their Doings. I hope they will not Comply with their request. The Objections was first Started in the Committee at the work-house, the night before last, and the Town meeting Call'd yesterday, the meeting was Very thin, not above Forty or Fifty persons in it. Every one in the meeting Voted for it. Though I believe they were actuated by different Motives. They have Voted to Send Circular Letters to all the Towns, that they may remonstrate likewise. It was proposed I think by designing men, on purpose to make a Division in the Colony, and I believe will go near to Effect it unless the Wisdom of the Congress Prevents it. I am &c

Veritas.

[p. 9.] Read a Petition from Sundry members of this house and also a remonstrance or Petition of the Town of Portsmouth.

[The petition of members of the House is not preserved: See Re- monstrance of the Town of Portsmouth, on a subsequent page. Ed.]

The House Examined Several Gentlemen lately from Lon- don, about the State of Affairs there Concerning America.

Voted, That the Petition from the Town of Portsmouth lay for Consideration.

Voted, That the Petition of Fourteen members of this house be Dismist.

1776.] JOURNAL OF THE HOUSE. 13

Voted, That Co1 Walker be added to the Committee for Examining Muster-rolls in the room of Phillips White Esq1 our Speaker.

Voted, That John Unrd Esq1 be Recorder of Deeds & Conveyances Ac for the County of Grafton.

Voted, That Israel Morey Esqr be Judge of the Probate of Wills & for Granting Administration of the Estates of Persons Deceased, in the Comity of Grafton.

Voted, That Elisha Pain Esq' be register of Probate for the County of Grafton.

Adjourned to tomorrow morning 9 O'Clock.

Friday Jan17 12th 1776.

Met according to adjournment.

Voted, That John Hurd Esqr be first Justice of the In- ferior Court of Common Pleas for the County of Grafton, and that Bezaleel Woodward, Esqr Israel Morey Esqr & Sam- uel Emerson Esqr be Justices of Said Court.

Voted, That Jotham Cummings Esqr be Sheriff of the County of Grafton.

Voted, That Cap' George Turner's Company of Artillery be paid out of the Treasury the Sum of one hundred & fifty Pounds towards their wages in the Service of this Colony, and that the President of the Councill give his Warrant on the Treasurer for the Same. Sent up for Concurrence.

Adjourned till half past two o'clock P m.

Met according to Adjournment.

Voted That Timothy Walker & William Parker Esq" be a Committee to join with The secretary by Leave of the Honble Board To prepare & Correct the Plan or Form of Government for this Colony and fit it for the Press. Sent up for Concurrence.

Voted, That the Account of John Hart Jur Amounting to <£13: 1: 3. be allowed & Paid out of the Treasury, and that the President of the Council give his Warrant on the Treas- urer for payment thereof. Sent up to the board.

Voted, That the ballance of the account of Benjamin Chadbourne Amounting to £ 76: 15: 10. be allowed and Paid out of the Treasury, and that the President of the Council give his Warrant on the Treasurer for payment thereof. Sent up to the board

14 COLONY OF NEW-HAMPSHIRE. [1776.

[p. 10.] Voted, That the account of Jonathan Flood amounting to Nine Shillings, be allowed & paid out of the Treasury and that the President of the Council give his War- rant on the Treasurer for payment thereof. Sent up.

Voted, That the ballance of the account of George Hart amounting to £190: 10: 3. be allowed and paid out of the Treasury and that the President of the Council give his War- rant on the Treasurer for payment thereof. Sent up.

Voted, That the ballance of the account of Elisha Hill amounting to £80: 14: 3£. be allowed & paid out of the Treasury and that the President of the Council give his Warrant on the Treasurer for payment thereof Sent up

Voted, That the account of John Hopkinson amounting in the whole to £56: 15: 8— after Deducting £14: 3: 11. over Charged as by report of the Committee appointed to exam- ine & adjust accounts against this Colony, making the bal- lance to said Hopkinson £42: 11: 9. be allowed.

Cap* Long and Mr Sherburn brot in the Following Dissent & Protest which was read, and is as follows, viz,

We the Subscribers chosen by the People of several Towns in the Colony of New-Hampshire to represent them in the Congress of said Colony, Held at Exeter on the 21st day of December 1775, Beg Leave to Enter our Dissent to and Protest against the Present Plan of Tak- ing up Government. For the following Reasons

First That the Vote of the Continental Congress Countenancing the Same was obtained by the Unwearied Importunity (both within Doors and without) of our Delegates there, as appears by their Letter.

Second, That the Said Vote does not appear to have been unanimous, but we have reason to think Very otherwise.

Third, Because the Colonies of New York & Virginia which are in Similar Circumstances with us, are much Larger & more oppulent, and we Presume much Wiser (to whom we would pay all Due Deference) have not attempted anything of the Kind, nor as we Can Learn, Ever Desired it.

Fourth, Because we have no ground on which to pretend to make a Councill, as our Neighbours of the Massachusetts, who act by Charter Never Vacated on any Legal Trial.

Fifth, Because it appears assuming for so Small & Inconsiderable a Colony to take the Lead in a Matter of So great Importance.

Sixth, Because our Constituents never Expected us to make a New Form of Government, But only to set the Judicial & Executive wheels in Motion.

Seventh, Because the Congress, as such, Could have done what was Necessary, and their Power could not be Enlarged by any Act of their own.

Eight. Because the expense of the Colony is greatly augmented thereby

1776.] JOURNAL OF THE HOUSE. 15

Ninth, Because it appears to us too much like Setting up an Indepen- dency on the Mother Country. January 10"' 1776. [Signed]

North Hill, Levi Dearborn, Kensington Ezekiel Worthen,

Newington Richard Downing, Stratham Benjamin Barker, Portsmouth Sam1 Sherburne, Rochester James Knowles, Dover Stephen Evans, Sandwich, & Moultonborough

Portsni0 Peirce Long, Daniel Beede.

Rye Nathan Goss, Lee Hercules Mooney.

Dover, Otis Baker,

Entered according to the original on file.

Attest Noah Emery, Clerk D. Rep5-

[p. 11.] A Committee from the Town of Portsmouth bro't into the House a request from the Town of Portsmouth, which was read and is as Follows Viz'-

Culmiy of I At a Town meeting held at Portsmouth this 12th day New Hampe | of Jany 1776,

Voted Unanimously That Ammi R. Cutter Esqr George King Esqr and Cap' George Wentworth be a Committee to write a Letter to the Congress requesting to be favored with the Original of an Anonymous Letter, read in Congress this day. The said Committee ac- cordingly returned with the Following Draught, which was Voted to be forthwith Sent to the Congress and is as follows Portsmouth 12th Jan^ 1776. To the Honble"the Congress at Exeter. May it please your hons The Committee appointed to Preferr the Petition of this Town, of the 10th Instant having acquainted us, That after they had Preferr'd the Same & had retired, they were Informed that a Letter Subscribed, Veritas, was read before your hon8 Purporting that it was Voted at a very thin meeting, with other Assertions Utterly False, Scandalous, and Derogatory to the Honour of the Town. It is our Duty to Acquaint your Hons that there were upwards of Two hundred Per- sons Present, who Unanimously Voted therefor, and we Earnestly re- quest That your hons will indulge us with a Sight of the Original Let- ter of which that was a Copy, in order that the author who has been guilty of this Scandalous Falsehood, may receive the reward of his Just Demerit. Portsmouth Janr» l2lh 1776.

A true Copy attest John Penhallow Town Clerk.

Entered according to the Original, attest N. Emery Ck D. Rep8,

The Petition of the Principal Inhabitants of Southhamp- ton, relating- to the Estates of Elijah Brown & Moses Brown, Praying that this House would make Some Effectual Act or lay some barr so they may not squander away their Estates without the knowledge of the Town, &c. Being read, or- dered that it lay for further consideration.

The Committee to draw a Plan for Providing fire arms for a Colony Stock Report as follows viz.

That for every good firearm Manufactured in this Colony, made after the following manner (viz) a Barrell, three feet nine Inches long to car- ry an ounce ball, a good Bayonet, with blade Eighteen inches long, Iron

16 COLONY OF NEW-HAMPSHIRE. [1770.

ramrod with a Spring to retain the Same, the makers name Engraved on the Lock, Which Shall be delivered at Exeter to Nicholas Gilman Esqr receiver General on or before the first of May next, the owner of Such firearms, receive Three pounds for Each, of said receiver General, after having Tryed said gun in the Presence of the said receiver Gen- eral with four Inches & a half of Powder well wadded, at his the owner's own Risque, and that there be appointed one Good man well approved, [p. 1*2.] in Each County to receive any firearms so made in said County on the Same Condition (as before mentioned for the recr General to re- ceive them) and the Persons so appointed, to receive the money for the Number of Guns so Delivered;

Which report being read & Considered, Yoted that the Same be received and Established as a resolve of this house and Voted That Col0 Evans for the County of Strafford, Sam- uel Emerson for the county of Grafton, Major John Bellows for the County of Cheshire & Deacon Nahum Baldwin for the County of Hillsborough, be receivers of fire-arms agree- able to the aforesd resolve. Sent up Jany 20th.

The Memorial & Remonstrance of the Freeholders & In- habitants of the Town of Portsmouth, being bro't into the house was read, and is as follows

Colony of New Hampshire, Portsmouth Jan? 10lh 1776 To the Honble Congress now Sitting at Exeter in and for said Colony

The Memorial and Remonstrance of the Freeholders & other Inhabi- tants of the Town of Portsmouth in Legal Town meeting Convened, Humbly Shews : That your memorialists are Greatly Alarmed by the Information of their Delegates That they together with the other Dele- gates of the Several Towns in said Colony were about to Dissolve their Existence as a Congress & assume that of a House of Representatives, and to proceed to an Election of Twelve Counsellors, who are to act as another Branch of Legislation for the future Government of this Colo- ny, Which measure your Memorialists with all Decency, Tenderness & respect, beg Leave to Remonstrate against for the Following Weighty reasons.

First as we are of opinion that the Inhabitants of the Colony, do not Generally approve of this measure, We would Therefore have wished to have had the minds of the People fully Taken on Such a Momentous Concernment, and to have Known the Plan, before it was Adopted, & carried into Execution, which is Their Inherent right.

Secondly we humbly conceive that Such a measure is an Open Declaration of Independency, which we can by no means Countenance untill we Shall know the Sentiments of the British Nation in General We have hitherto Viewed the Controversy as with the Ministry & Par- liament only, and our Enemies are Stiled the Ministerial Army & Navy, and we have considered them as Acting Contrary to the Voice of the Nation. We have just received Certain Advices That our Friends in Great Britain are at this very Time Exerting themselves & Uniting in their Petitions for a redress of our Grievances, and in all Probability will make a Powerfull Division in our Favour, and will Finally Prevail

1770.] JOURNAL OF THE HOUSE. 17

[p. 13.] if it is once fully believed that we are not aiming at Indepen- dency, but when they Perceive we are Setting up a New Form Government, they will be Exasperated against us and losing Sight of their former Friendship, & affection will be filled with resentment & charge us with Duplicity

Thirdly, We have the Highest opinion of the upright Disposition of the Congress, and that what they have done is Intended for the General Good, but at the same time must beg leave to Suggest our apprehen- sions that this Measure will have a Tendency to Disunite us, which is a most alarming Consideration as being a Circumstance which we are well Informed our Enemies Greatly Expect & would be rejoiced to hear of. We would be Cautious of Prolixity in Addressing your Honours, but must begg leave to repeat that the ministry among other Deceptions have asserted that the Rebellious War, (as they Term it) " now Levied *' is become more General and is manifestly Carried on for the Purpose " of Establishing an Independency. " This our friends in Great Britain utterly deny. While we are Governed by a Congress they have a right so to do, because Necessity Compells us to the Measure, but they will Certainly make a very wide Distinction between Necessity and what will be called Usurpation, The Consequences of which Deserve Due Weight. We therefore Humbly pray that the Assumption of Govern- ment may at Least be Suspended for the Present, & that Some regula- tion may be adopted for the Preservation of Property Under Such Re- strictions as the Congress in their wisdom Shall think Proper, and your Memorialists as in duty bound shall ever Pray. Portsmouth Janry 10th 1776 A true Copy attest John Penhallow Town Clerk.

Entered according to the original Presented to the House Attest N. Emery Ck D Reps—

Portsmouth Toivn meeting.

[State Pap. Rev" Vol. III. p. 41.]

New^ELamp1' \ At a Town meeting held at Portsmouth Monday the 15th day of January 1776,

The Question being put to the meeting whether the Town will choose a Committee to go to Exeter to inforce the Petition from this Town now laying before the Congress at Exeter, for suspending taking up a new form of government for the present

Voted, That they will send a Committee to Exeter for said purpose.

Voted That John Pickering Col° Joshua Wentworth & John Wendell Esqrs be and hereby are a Committee to go to Exeter to speak to the Petition now laying before the Congress from this Town, & to make report thereof at the adjournment of this meeting.

Portsmouth January 16th 1776. a true Copy, attest,

John Penhallow, Town clerk.

Voted, That Moses Nicholls Esq1' be an Assistant to the Clerk of this House. Voted That Matthew Patten Esqr of

18 COLONY OF NEW-HAMPSHIRE. [1776.

Bedford, Jonathan Lovewell Esq1' of Dunstable, Jeremiah Page Esq1' of Dumbarton, Timothy Parrar Esq1' of New Ipswich, Henry Gerrish Esq1' of Boscawen & Moses Nicholls Esq1' of Amherst be Justices of the peace for the County of Hillsborough.

Voted that Daniel Emerson Jur of Hollis and Samuel Kimball of Henniker be Coroners for the County of Hills- borough.—

[p. 14.] Voted That John Hurd Esq1' be County Treasurer for the County of Grafton.

Voted, That Samuel Cutts, Timothy Walker & David Gil- man Esq1' be a Committee of this house to Confer with a Com- mittee of the hon1,le Board about the adjournment of the Council and Assembly, and to make report at what time & to what time the Hon1jle Board think best to adjourn. Sent u-p by Mess1'8 Cutts & Walker. Adjourned for a Quarter of an hour, then met according to Adjournment.

An Act for Confirming & Establishing the Votes, Resolves & Proceedings of the Several late Congresses of the Colony of New Hampshire, was read a Second Time.

Mr. Blanchard Came from the Council & Informed the house that the Honble Board had appointed a Committee to Confer with the Committee of this house about Adjourning.

Voted, That Cap1 Peirce Long be paid out of the Treasury the sum of one Hundred Pounds, towards his account as Barrack Master, to be by him accounted for and that the President of the Council give his Warrant on the Treasurer for the payment thereof. Sent up by Mr. Baldwin.

Voted, That the Members of the Honble Council, and the Honble the Justices of the Superiour Court of Judicature, be Justices of the Peace and of the Quorum throughout this Colony.

Voted, That the Justices of the Inferiour Court of Com- mon pleas in the County of Cheshire be Justices of the Peace for that County.

Voted That Col° Benjamin Bellows Be a Justice of the Peace & of the Quorum throughout this Colony.

Voted, That Francis Smith Esq1' of Plainfield be a Justice of the peace for the county of Cheshire.

Voted, That Samuel Trott Esq1' be Coroner for the Coun- ty of Cheshire.

Voted, That Samuel Cutts Timothy Walker & David Gil- man Esqrs be a Committee of this House to join a Commit-

177(5.] JOURNAL OP THE HOUSE. 19

tee of the Hon*16 Council to Draw up a Recommendation of Mr Johnson (an Indian Preacher) to the Indian Nations. Sent up by Mr. Cutts.

Adjourned till to morrow morning 9 o'clock A M.

Saturday Jan? 13th

Met according to adjournment, and made a Collection in the house for the rev'1 Mr Joseph Johnson, of £5. 2. 6., Presented him by M1' Cutts

Voted, That James Underwood Esq1' of Litchfield and Isaac Andrews Esq1' of Hillsborough be Justices of the peace for the County of Hillsborough.

Voted, That the Revd Doctor Eleazer Wheelock of Han- over and Israel Morey Esq1' of Orford be Justices of the Peace and of the Quorum for the County of Grafton.

[p. 15.] Voted That Bezaleel Woodward Esq1' of Hanover, Samuel Emerson Esq1' of Plimouth, Daniel Brainard Esqrof llumuey, John Wheatly Esq1' of Lebanon and Joseph Pev- erly Esq1' of Northumberland, be Justices of the Peace for the County of Grafton.

Voted, To Choose a Committee to Collect the Evidence of Losses Sustained in this Colony since the shutting up of our Ports.

Voted, That John Giddings Esqr and Cap* John Emery he a Committee of this house to Join a Committee of the Hon1,1' Council to collect the Evidence of all Losses Sus- tained in this Colony since the Shutting up of our Ports.

Voted, That the Staff Roll of Col1 Wingate amounting to Seventy three pounds Nineteen Shillings & four pence be al- lowed and paid out of the Treasury, and that the President of the Council Give order on the Treasurer for Payment thereof

Sent up by Col1 Baker

Upon Reading the Petition of the Town of Dover, Voted that they be heard thereon on thursday next if this house be then Sitting, and if not, then on the Second day of their Next Session. The Petition from Greenland, and that from Portsmouth to be heard on the Same day.

Voted That Col1 Walker, Col1 Morey, Cap* Prentice, Cap* Long & Mr Sherburne be a Committee to Draft a Letter in answer to the request of the Comtee of Portsmouth

Adjourned to Monday next at 3, o'clock afternoon

20 COLONY OP NEW-HAMPSHIRE. [1776.

Monday January 15th 1776.

Met according to Adjournment.

The Bill for Confirming & Establishing the Votes, resolves, & Proceedings of the Several late Congresses of the Colony of New Hampshire, having been read a third time, Voted that it Pass to be Enacted. Sent up by

Voted That Cap1 Abijah Learned be allowed & paid out of the Treasury the Sum of Twenty three Shillings & four pence, (being So much Short allowance to him in the Late pay roll of the Congress) and that the President of the Council give his Warrant on the Treasurer for payment thereof Sent up by

Upon reading the Petition of the Selectmen of Newington, Voted That they be heard thereon on Thursday next if the General Assembly be then Sitting and if not, then on the Second day of the next Session of the Assembly.

[p. 16.]" Voted, That the Members of the Honble Council, and the Members of this house receive Five Shillings per day for their Attendance on the General Assembly Sundays In- cluded, and Two pence per mile Travel to andj'rom their homes. Excepting Such members as live within fifteen miles of the Place where the Gen1 Assembly Sitts who shall receive pay for their Travel to and from their Homes, & have no pay for Sundays : and that Each member living more than fifteen miles from Court shall receive pay for their Travel on every adjournment of the assembly for a Longer time than from Saturday till monday ; Excepting the Travel on one Late Adjournment from Saturday till Tuesday, on which adjourn- ment they are to receive pay for Sunday & monday ; and that they receive their pay at the End of Every Session, out of the Publick Treasury on a pay roll to be Certified by the Secre- tary and the clerk of the House, respectively, and Lodged with the Treasurer. Sent up for Concurrence Jany 22d-

Adjourned till tomorrow morning 9 o'clock.

Tuesday Jan1* 16th 1776.

Met according to Adjournment.

Voted, That Col1 Evans, Cap1 Wait & Cap* Prentice be a Committee to Examine into & allow Such Muster-rolls as may be laid before them, and report thereon.

1776.] JOURNAL OF THE HOUSE. 21

Voted, That Major James Ilackett Forthwith repair to

Portsmouth and to the Fortresses at Fiscal aqua harbour, and muster the Artillery men & Matrosses, and make return© to this house as soon as may lie.

Voted, That Mr Speaker," Col1 Walker, Col1 David Gilman & Cap1 Moulton he a Committee to Enquire into the Struc- ture & the cost of a Powder Mill, and make report to this house as soon as may he.

Voted, That Andrew Savage Crocker, John Sloane, Cap* Edward Buckman, & Deacon Francis Worcester, he Coroners for the County of Grafton.

Voted, that Samuel Moore, Cap* Ehenezer Webster & Enoch Page he Coroners for Ihe County of Hillsborough.

Voted that Moses Chase Esq1' & Samuel Hills he Coroners for the County of Cheshire.

Voted That Joseph Bean Esqr of Salisbury he a Justice of the Peace for the County of Hillsborough.

Voted, That Col1 Evans, Cap* Prentice & Major Bellows be a Committee of this house to join a committee of the Honble Council to prepare & bring in a hill to Enable the Moderator of any Town or Parish meeting in this Colony to administer the oath of office to the Town or Parish Clerks, and also to Enable the said Clerks to Administer the proper oaths of of- fice to all other Town or Parish officers. Sent up by

Adjourned to half past 2 o'clock P. M.

[p. 17.] The house met according to Adjournment.

Voted, to choose a Committee of Safety to consist of three

members of this House and of the Council. To transact

the Business of this Colony in the recess of the General As- sembly.

Voted to build a Galley at the charge of this Colony, to Cruise on our Sea Coast and to be used for the Benefit of Defending oar Harbours and of annoying our Enemies.

The Petition of the Town of Rochester being read, Voted that the Petitioners be heard thereon on thursday next, if this house be then Sitting, and if not, Then on the Second day of the next Session of this Assembly.

Voted That Phillips White Esqr Cap* Josiah Moulton & Cap* Peirce Long be a Committee of this house to join a Committee of the Honble Board and in conjunction to act as

22 COLONY OF NEW-HAMPSHIRE. [1776.

a Committee of Safety for this Colony in the Recess of the Gen1 Assembly and that they have the same powers and authority as the Late Committee of Safety appointed by the Late Congress had Sent up by

Voted, That the muster-roll of Cap* John Brewster amounting to £84 : 8 : llf be allowed & paid out of the Treasury, and that the President of the Council give his Warrant on the Treasurer for payment thereof. Sent up by

Voted That a Letter of Recommendation & of Direction be Presented to the revd Mr Joseph Johnson, to be signed by the Speaker of this house and by the President of the Coun- cil. Sent up by Major Kellcy.

Voted That Cap* John Bell, Cap* Hercules Mooney & Co1 Timothy Walker be a Committee to join a Committee of the Honb,e Board to write & forward a Letter to Gen1 Sulli- van concerning Adam Stuart late of Londonderry, being a person Suspected of being Enemical to this Country. Sent up by

Voted That the account of Cap* Jacob Tilton amounting to <£10 : 17 : 4 be allowed & paid out of the Treasury, and that the President of the Council give his Warrant on the Treasurer for payment thereof. Sent up by

Voted That Noah Emery Esqr Cap* Stephen Harriman & Cap* Prentice be a Committee of this house to join a Com- mittee of the Honble Council to Prepare & bring in a bill for Establishing the fees of the Several offices in this Colony. Sent up by

Voted That Samuel Cutts, Israel Morey & John Bellows Esq1" be a Committee of this house to join a Committee of the IIonllle Council to Consult about firearms, and to prepare a Letter in answer to a Letter from his Excellency General Washington respecting the Same. Sent up by

Adjourned to tomorrow morning 9 o'Clock.

Letter from General Washiyigton to Mattluio Thornton. [Amer. Ar. 4 Ser. Vol. IV. p. 072.]

Cambridge, January 13, 1776.

Sir: I am sorry that I should so often trouble you respecting this army, and that I am under the necessity of applying to you again.

To my great surprise, Sir, I find that, notwithstanding I have taken the utmost pains to prevent the soldiers that would not reinlist in the new army from carrying away their arms, or such of them as were

1776.] JOURNAL OP THE HOUSE. 23

good, the whole number collected amounts to only one thousand, six hundred and twenty, of which there are no more than one hundred and twenty now in store, the rest being delivered to the recruits who have come in.

I also find, from the Report of the recruiting officers that few men are to be inlisted who have fire-arms in their hands, and that tiny are reduced to the disagreeable alternative of getting men without any, or no men at all. What is to be done? Must not these Governments ex- ert themselves in procuring them from the several towns, or in such other manner as to them shall seem most effectual and speedy.

To account minutely for this great deficiency would Joe tedious, and of no importance. I shall only say, that it has arisen from two causes, to wit: the badness of the arms of the old army, which the inspectors and appraisers did not think worth detaining, and to the disobedience of some Regiments carrying theirs away, in a manner, by stealth, not- withstanding every order I could issue, and even solemn threats of stop- ping the pay for the months of November and December, of those that should.

The prospect of getting imported arms is so remote and uncertain that I cannot depend upon it. I therefore, request the favor of you to inform me, whether you have any, and what number belongs to the government, as also, if you will be able to procure more, in what time. If you have any or can get them. I shall be glad to take them on ac- count of the United Colonies. They must be had if possible. I have wrote to the Honorable General Court of this Province about the same, but have not received their answer. Should any of your Militia be here when I get your answer, will it be prudent to apply to them for their arms? Leaving it optional in them cannot be amiss; but, will the necessity of the case justify an involuntary detention of them? I ask for information. I am, Sir, with great esteem, &c.

George Washington. To the Hon. Matthew Thornton, Esq.

President of the Convention of New Hampshire.

[p. 18.] Wednesday Jan1^ 17th 1776.

The House met according to adjournment.

Voted That Phillips White Esq1' be Judge of the Probate of Wilis & for Granting Administration of the Estates of Persons Deceased within the County of Rockingham.

Voted That William Parker Jun1' Esq1' be Register of Pro- bate for the County of Rockingham.

Voted That Samuel Cutts Esq1' be first Justice of the Infe- rior Court of Common Pleas for the County of Rockingham, and that John Dudley Esqr David Gilman Esq1' & Josiali Moulton Esq1' be Justices of said Court.

Voted, That Joseph Peirce Esqr be the recorder of Deeds

24 COLONY OF NEW-HAMPSHIRE. [1776.

& Conveyances for the County of Rockingham, and that the Office be kept at Exeter.

Yoted That Deacon Samuel Brooks be County Treasurer for the County of Rockingham.

Yoted That the Justices of the Inferior Court of Common pleas for the County of Rockingham be Justices of the Peace for said County.

Voted That Ilunking Wentworth. Jonathan Warner, Sam- uel Penhallow, William Weeks, Walter Bryant, Benjamin Rowe & Phillips White Esq1' be Justices of the Peace and of the Quorum for the County of Rockingham.

Yoted That Henry Prescott, Richard Downing, Noali Em- ery, William Parker Jun1', Samuel Dudley, Richard Bartlett, Samuel Emerson, Nathan Batchelder, Nathaniel Batchelder, Josiah Gage, Timothy Walker, Jun1', D1' Samuel Moore, Rob- ert Wilson, Ebenezer Stevens, Samuel Little, John M'Clary, Nicholas White, Joseph Welch, Timothy Ladd, James Belton, Benjamin Butler, Edward Russell, David Lawrence, Josiah Moulton, <fc William Moore Esq1'* be Justices of the Peace for the County of Rockingham.

Yoted, That George Gains & Samuel Folsom Esqre Amos Coffin, Huburtus Neal, Jonathan Swain, Nehemiah Wheeler, Jonathan Eastman, Jeremiah Eastman, Jonathan Eaton, Ben- jamin Little, & Simmonds Secomb, be Coroners for the Coun- ty of Rockingham.

Adjourned to half past 2 O'clock afternoon.

Met according to adjournment.

The Petition of a Number of the Freeholders of the Parish of Brintwood being read, Yoted that the Petitions be heard thereon Tomorrow if they See Cause.

Upon reading an Ignominious Scurrilous & Scandalous Piece Printed in the New Hampshire Gazette & Historical Chronicle 1001, of Tuesday "Jany 9th 177G— Directed or Addressed to the Congress at Exeter :

Voted That Daniel Fowle Esq1' the Supposed Printer of said Paper be forthwith Sent for and ordered to Appear before this house and give an account of the Author of said Piece, and further to answer for his Printing said piece, So much De- rogatory to the Honour of this Assembly, as well as of the Honble Continental Congress and Injurious to the cause of Liberty Now Contending for. Sent up by Capt Waite.

1770. ] JOURNAL OF THE HOUSE. 25

From the N. II. Gazette, JanV 9, 1776. No. 1001. To the Congress at Exeter.

Gentlemen— In quarrels between countries as between individuals, when they have arisen to a certain height, they no lunger regard their interest or advantage, but the gratification of their wrath; when anger has arrived to this Pitch, the most inflammatory measures arc esteemed the wisest ; and moderation, prudence and virtue are degraded to the place of baseness and cowardice. Is not this the case now? We be- gan the controversy on this principle, to seek Redress of Grievances : since, we have lost sight of the object, and are in quest of what will terminate most certainly in our ruin and destruction; I mean, Inde- pendency upon Great Britain ; a step that the public are exceedingly averse to; but the public in general are ignorant of the design and tendency of the conduct of their Representatives; I hope I am mis- taken myself, but from circumstances, I cannot help drawing conclu- sions : However, if I am so, I have erred on the safe side; and at most it is but a fault that may be remedied: If I am right, it may serve to open people's eyes, and put the unwary on their guard. The grounds for my conclusions, are the following: The grand Congress have de- clared they will give no Proportion towards the National expence, without the application of it. Now, by the Constitution, we acknowl- edge the application of all monies lays in the Crown. 2dlv. They say, that they will regulate the internal practice of the Colones ; now in their last Session they never asked this, but consistently with the Constitution gave it up desiring only one condition as at the close of the last war, when the Crown had a negation upon all our acts. 3dly. They, on an application from this Province recommended to them to assume a new Form of Government. Many other circumstances might be mentioned, but they are artfully blended with the necessity of the times, that I fear to offend the public ear in mentioning them.

If these are not the homely ugly features of that horrid Monster In- dependency,— marks and signs never refer to originals; some people may think otherwise, so apt are mankind to reject everything that does not coincide with their prevailing passions ; soon will they see it arise in order before their eyes, attended with all its hellish pageantry, so close- ly connected with other seeming necessitous measures; that to oppose the one, you must a multitude of others ; so that no prudent man can withstand it ; it will appear dressed with every ornament to hide its ugly form.

" It is monster of so horrid mien As to be hated, needs but to be seen."

Oppose it, Gentlemen, in the beginning; a little delay may be fatal; and like a neglected wound, it may mortify, and corrupt the whole body.

Every step towards Independency, I said would be ruinous and de- structive in its consequences: now I will prove it. The question turns on these two points: 1st. Can we gain Independency? 2d. If we gain can we support ourselves in it?

1st. We have for six or eight months past opposed but a part of Great Britain; 6000 land Forces is not an exertion of British power, they have been divided; and consequently irresolute and inconsistent in their plans: every man who knows history must acknowledge that the

26 COLONY OF NEW-HAMPSHIRE. [1776.

ill success of the British arms at the opening of last war was in conse- quence of popular clamor against the Ministry ; and their success after- ward to their union; and as long as we feed this party, shall we be successful. It is a party that acts from the noble principle of Inter- est, they esteem us part of the same body, and what affects one part will extend itself thro' the wliole. Every tyrannical arbitrary measure exercised over us, may in their turn be exercised over them; they op- pose it, not for our interest, but for their own. But a disjunction disunites our Interest likewise, and they will not assist us to their own loss: say they, the Americans are making us an instrument to ruin ourselves; we heard they had been misrepresented, as captious and impatient of government; and now it is true, they under a specious pretence of Liberty, are shaking off that government they in Congress solemnly swore to support. They are deceitful men ; they told us, they would pay their Quota toward the national Expence, & now will not give a penny, & we must pay their taxes, and protect their trade in War and Peace, and they only rail and revile us afterward. We have in their in- fancy nourished and brought them up, and now they have lost their nat- ural affection. Then let us one and all unite against these Rebels and subdue them ; else we shall lose all our Debts and trade. The Minis- try, continue they, are right to tax them, as they would not tax them- selves, and pay any thing toward our defending them thro' this long Peace from any sudden Excursion of the enemy both savage & civilized; this will be the united language of all Great Britain & Ireland. Say France and Spain, if we join in this American quarrel Great Britain will offer any terms to the Colonies, let them alone, they will weaken themselves more by our Neutrality, than Interposition, and be no ex- pence to us neither. That old British love & the affection for each other, will rouse itself if we intermeddle ; foreigners always disgust them ; and our finances were so exhausted by the late war, that we are not able, (a very able reason) therefore France and Spam are not for us, consequently according to Squire * * * * they are against us. The case then stands thus: all Great Britain united to subdue us, France and Spain neuter tho' Esq. * * * * says God Almighty never made a neuter, we depend wholly on ourselves that is, a Continent of 1000 miles sea coast defending themselves without one ship of war against 500 Rattle ships completely manned and fitted : A country that can pay but 30 thousand men, at war with a nation that has paid and can pay 150 thousand; A country of three millions of Inhabitants, fighting with a Nation of 15 millions; a country that can raise but 1 million of money at war with a nation who can raise 20 Mils, in specie, a country without arms, without ammunition, without trade, contending with a Nation that enjoys the whole in the fullest latitude. They have con- quered France, can't they conquer America? I said Avithout ammuni- tion; but the making of Salt Petre has made such rapid progress, es- pecially at Portsmouth, where both clergy and Laity are employed six days in the week & the Seventh is seasoned with it, that I beg leave to subtract that : Now cast the balance which side is heaviest, "we are gone in a minute " then we cannot gain Independency.

If we gain Independency, can we support it V Will any nation pro- tect us for our trade? No nations manufacture such articles as we con- sume but Great Britain, & these manufactures except a few articles are very clear and coarse: therefore we cannot trade with any foreign power

177G J JOURNAL OF THE HOUSE. 27

sufficiently to reimburse them for their protection. Can we manu- facture for ourselves? We cannot make sufficient of Paper for ready consumption; and we have learnt the art long ago, and we must buy English paper, except we would choose to write on Bark or wax. The reason is plain, we consist in this country of Fanners, Planters and Fishermen: we have not men sufficient for manufacturing; and Great Britain has made their emigrations a capital offence. This is the first objection to a state of Independency.

A second is, that no nation would take a great part of our Produce, because they come so much dearer from us, than other nations ; and to encourage us Great Britain has given bounties upon sundry articles to the amount of £200,00(3 sterl. that we might be able to export them to their merchants. A 3d objection is, That was the Continent a foreign state we should be obliged to pay what taxes they please on their Man- ufactures toward raising a Revenue. 4th objection, we must be obliged to garrison the Provinces of Canada and Nova Scotia in war and peace, which will cost us 500,000 sterling, which we never did, nor never can raise. A 5th objection is, We must maintain a Fleet equal to that of Great Britain, to defend our sea-coast, and our Trade, which will cost us 2 or 3 Millions; if we cannot raise one now, can we raise these five years hence? On a moderate computation, our Taxes would be tenfold: Now which is most eligible, to be independent, and pay 15 Dollars tax, or to be in the condition we were in 1762 and pay one? Who will it please but ambitious men ? The only way to make men do right is to put it out of their power to do wrong. The gentlemen of Pennsyl- vania have given instruction to their Representatives, that no congress- man should be a Place-man, it is a tempting bait, the offices of Treas- urer, Recorder, and other lucrative posts to do wrong. I speak this, because I hear there is a debate whether the officers of government shall be chosen from and by the Provincial Congress: they all go by Scrip- ture maxims ; they condemned a number of people on this text: uThey who are not for us are against ws," on a learned explanation of it in this wise, that a man must approve or disapprove any measure that is taken altogether, say they ; if lie uses one exertion he must another.

Now the rule fixed for the choice of Officers is this: " Choose your governors and Nobles out of yourselves: the Laws of God are the only rule since the dissolution of the Laws of the land, and they will abide by them till they can make theni better." However I have degressed too far; it is as certain if you establish a new Form of Government, as that you will have all the posts of profit, that we should have all the force of Great Britain, and every Ally, that interests or gratitude can gain, on our backs; and picture to yourselves the consequences. I know of no more direct step you could take to answer the Designs of the Ministry ; and every advocate for it is worthy a pension; I forgot to draw my consequences from the things I proposed ; but any man who can distinguish right from wrong may see any step toward Inde- pendency is ruinous and destructive in its consequences.

Was any man to see his neighbor's house in flames, would he fold his arms and silently sit at home: it would be madness ! such is my case; and tho' I burn my fingers in the attempt I will try to extinguish it, lest the whole city be in flames. JUNIUS.

28 COLONY OP NEW-HAMPSHIRE. [1776.

[p. 19.] Voted, That the HonWo John Wentworth Esqr of Summersworth be one of the Councellors for the County of Strafford, in the room of Thomas Westbrook Waldron, Esqr, who was chosen but did not accept. Sent up

Letter from Thomas Wk Waldron, Esq. [MS. State Papers, Revn Vol. III. p. 39.]

To the Honorable Congress or General Assembly of New Hampshire: Gentlemen :

While my Heart gratefully glows with Thankfulness on the distin- guished mark of respect shewn me by your vote of the 6th Instant handed hither by Ichabod Rollins Esqr the evening of the same day I beg leave to acquaint you that I have been little able to leave home for three Winters successively, that accepting the Honorable arduous & Intense Duty proposed without a prospect of attending thereto (which I have not) would be but to prevent the appointment of a suitable Per- son to assist in the Now critical Councils of the Colony, and that an Address giving Notice of my Inability & Imploring your Excuse would have been forwarded last week had not one of your Honorable body consented to convey this.

Please to forgive my saying that to prevent the effects of late uncon- stitutional measures many Colonies appointed Congresses as their General Assemblys were subject to the adjournments Prorogations & Dissolutions of Governors &c. & that while Congresses as such man- aged the momentous affair the Friends of America in England & elsewhere approved the Exertion, and we may reasonably hope will continue still so to do as it seems to me.

But as the fertile field before me begins to rise ideas too important for my steril Pen to marshal I take leave with only adding that I wish you Divine Direction & am with great truth & sincerity Honourable Sirs,

your respectful & most Dover, Jan? obliged humble servant

16th 1776. Thos Wk Waldron.

Voted, That Ichabod Rollins Esq1' be Judge of the Probate of Wills & for Granting Administration of the Estates of Persons Deceased, in the County of Strafford.

Voted that John Wentworth of Dover be register of the Probate for said County.

Voted That George Frost Esq1' be first Justice of the Infe- rior Court of Common pleas for the County of Strafford, and That Otis Baker Esq1' John Plummer and Moses Carr Esq1' be Justices of Said Court.

Voted That Col1 Stephen Evans be Sheriff of the County of Strafford.

Voted That Thomas Westbrook Waldron Esq1' be County Teasurer for said County.

1776.] JOURNAL OF THE HOUSE. 29

Voted Tli at Thomas Westbrook Waldron Esq1' be recorder of Deeds and Conveyances in and for the County of Straf- ford.

Voted That John Gage Esq1' of Dover, Ebenezer Tibbetts Esq1' of Rochester, John Horn of Wakefield, John Cate of Barrington and Jacob Brown of Moultonborough be Coroners for the County of Strafford.

Voted, That Ichabod Rollins Esq1' & John "VVentworth Esq1' be Justices of the Peace.

Voted That Joseph Badger Esq1' be a Justice of the Peace & of the Quorum for the County of Strafford.

Voted That Ebenezer Smith, Daniel Beede, Joseph Senter, Thomas Parsons, Simeon Dearborn, Miles Rendall, and Paul Hayes Esq1'* be Justices of the Peace fur the County of Straf- ford.

Voted, That John Hogg of Dunbarton, be a coroner for the County of Hillsborough. Sent up by

Voted that the Billeting Roll of Cap* Moses Leavitt, amounting to Eighty Seven Pounds Twelve Shillings & nine pence, be allowed & paid out of the Treasury, and that the President of the Council give his Warrant on the Treasurer or paymaster for the payment thereof. Sent up by D1' Dear- born.

Adjourned till tomorrow morning, 9 o'clock.

Thursday January 18, 1776.

Met according to adjournment.

Voted That Co1 Baker, Col1 Walker & Col1 Morey be a Committee of this house to Join a Committee of the Honbl° Council to wait on John Langdon Esq1' at Hamptonfalls, or wherever they may meet him, and Desire him to repair to this House as Soon as lie Conveniently can. Sent up by [p. 20.] A Letter prepared by the Committee of Both Houses in answer to one recd from General Washington respecting Fire arms &c. being read, Voted that the same be Transcribed and Sent to his Excellency Gen1 Washington as Soon as may be— Sent up by M1' Clough.

30 COLONY OP NEW-HAMPSHIRE. [1776.

Letter to General Washington.

[Amer. Ar. 4 Ser. Vol. IV. p. 709.]

Colony of New Hampshire, Exeter, January 17, 1776. Sir—

Your Excellency's letter of the 13th instant, setting forth the difficulty of providing fire-arms for the army, came to hand yester- day. The General Court, now sitting, immediately took the contents under consideration, and line! that all the publick arms of the Colony have been delivered out to the soldiers in the Continental Army, and at our Garrison in Portsmouth.

Upon a return lately made from the several towns in the Colony, we find that not more than two-thirds of the inhabitants capable of using arms are furnished therewith, and many of them such as would not be thought fit to be trusted to in the Continental Army.

The scarcity of workmen, as well as steel, has hitherto prevented our having any considerable number made in the Colony; for which reasons, together with the apparent need of our keeping a considera- ble body of troops to defend our sea-coasts, brings us to the disa- greeable necessity of informing your Excellency it is not in our power, at present, to supply any arms for the purpose you mention. We are fearful that the detention of the arms of the Militia, (now at the Camp) against their consent, will create such an uneasiness in their minds, that it would hinder their exerting themselves if called upon hereafter.

In consequence of a former request from your Excellency, we have procured one hundred and forty blankets, which we shall forward to the camp immediately; and if any more can be obtained, they shall be sent along without delay.

In behalf of the Council and Assembly, I am, with great esteem and respect, your Excellency's most humble servant,

Meshech Weare, President. To his Excellency General Washington.

Letter from Gen. John Sullivan. [State Pap. Rev'1 Vol. III. p. 63.]

Winter Hill, Jan? 17th 1776. Much respected Gentlemen—

I inclose to you a letter from General Washington requesting Two Kegiments of men from New Hampshire to keep on the Lines till the first of April next, Each Regim1 to consist of Eight Companies. Those Companies to consist of one Captain, Two Lieut8, one Ensign, four Sergeants, tour corporals, one Drummer one Fifer and seventy six privates, all to be on the Lines by the first of February next. I need not inform you of the necessity we are under as our making the Requisition is sufficient evidence of that. I can venture to assure you that our force now on the Lines including the Militia does not amount to 12.000 although the Continental Congress ordered 22,000. The people in general seem to have an aversion to a campaign of 12 months. Though I presume they will be forward enough to enlist for

1776.] JOURNAL OF THE HOUSE. 81

two months, Especially as the time will expire sufficiently early for them to look after their springs work; the encouragement is to be a penny for mile travel in & out and the same wages as the Rest of the army. 1 have had much trouble to keep fair weather with your militia lately sent. I had to supply many with arms & to give my Obligations for ammunition which I dealt out to them Individually, took Receipts & must receive it in from them & Return it into the Store to redeem my obligations; but this was not all. The Congress had neglected to send along money, the military chest was empty and the soldiers complaining aloud for want of Cash, as well those who were about to leave us as those who agreed to tarry on the Lines one Fortnight longer. I at the General's request drew up En- listments & gave to the Captains to try their men & after tryal they Returned 75 men only. This alarmed me much for I feared that our Province would loose that credit which they by their conduct have so justly des;erved; to save which and to prevent the Lines from be- ing deserted I procured money sufficient to pay 3 Dollars pr man to those who would Tarry the 15 Days Required. I then had them Drawn up & endeavoured every Avay to Induce them to tarry and finally prevailed on all but about 350 who were determined to quit us at all Events. These worthless scoundrells though willing to sac- rifice their Liberties could not sutler the least delay of payment for their service, they had heard the Continental Chest was empty and could by no means be brought to believe there was any thing Less than a contrivance to cheat them of their wages. I well knew that General Washington had promised me they should be paid oft" when the time was expired. I promised the same to the Committee of Safety & they to the men, by which means I well knew the Commit- tee who had done every thing that men could do towards sending them would be censured & condemned; to prevent which and to do all in my power for the honour of the Government I Borrowed the money from more than 20 persons & paid off all those who were go- ing home & shall do the same to the others when their time is out. Though it pleases me to find our men tarry all to 350 & so far exceed the inhabitants of other Colonies in their zeal & spirit, yet it gives me pain to inform you that not near half the Massa militia could be prevailed upon to tarry & many of them went off one Day before their time was out. To prevent Delay with our men I made up most of the 31 pay Rolls with my own hands as some were from each company and with the assistance of Majr Scammel & Mr. Sherburne paid them all off between Day-break and 12 o'clock and hope they have Returned contented.

I must now Entreat you gentlemen to exert yourselves in forward- ing the forces wrote for by the General. Mass" has agreed to furnish seven Regiments, Connecticut four & hope our two' will be on the spot as soon as theirs. Rhode Island being continually surrounded by ships of war can furnish none. Connecticut over and above the four Regiments has sent 1500 men to guard New York, so that our proportion is by no means extravagant. I have hit upon an expedi- ent of Raising one of the Regiments here which I hope will prove agreeable, viz. as there are now 31 companies here already officered by you I am about to select 11 officers, three of which 'to be field officers & eight to be Captains of Companies. Those Captains to

32 COLONY OF NEW-HAMPSHIRE. [1776.

choose subalters from different companies & in that way I hope to compleat one of the Regiments proposed. This will in great measure Facilitate the Raising the other Regts & secure men upon the lines though yours should not arrive in season. I cannot but promise my- self your approbation of this measure; if I should find a probability of being disappointed in this attempt shall send an Express to you immediately, but am well convinced it will succeed.

I would in the appointment of officers beg leave to recommend men who will do credit to the government: I have a very high opinion of the held officers you appointed to Guard the Harbour of Piscataway, if they are not needed there I should be fond of them here; but this I leave to your wisdom & discretion.

I was favored with your Letter respecting the affair of Col0 Stark & Col" Hubbard (1) which I immediately laid before the General. He shew me your letter to him with a copy of Col0 Hubbard's to you & a tryal would immediately have taken place but Col0 Stark had gone into the country recruiting, he is now returned & a Court of Enquiry will sit upon him to-morrow or next day. You may de- pend that notwithstanding I esteem Stark as a worthy good officer I will do every thing in my power to punish any Insult he may have been guilty of offering to the Colony. I repeatedly told Col° Hub- bard the Eve after the affair happened when I found him and Stark together at my house on my return from Head Quarters that I would confine Stark Immediately if he desired it and even his whole Regi- iment if necessary but he chose to omit it.

I have thought of an expedient to save the money to the Colony at all events; which is this, viz. for the General Court to give notice in all the news-papers that a number of Bills of such a Date, namely Nov. 3d, numbered from 2771 to 2825 were stolen & that any persons possessed of those numbers should forward them to the Receiver General within one month to be Exchanged fro Silver, with a proper account how he came by the Bill or Bills & if not sent up by that time never to be redeemed in future, for which purpose an act should be passed & if the thief should have parted with any of this money (which by the way is not probable) the matter being fresh you may trace it up to his door. But if (as is by far the most probable) he should have delayed to pass it for fear of Discovery it must die in his hands & the Province not loose a farthing. This method, Gentle- men, I beg leave to Recommend for the Interest of the Colony ; let the Tryal here turn out as it may. I beg you to excuse my freedom & believe me to be with gratitude and Esteem, Gentlemen,

your much oblidged Humble Sev1

Jn° Sullivan. To the Honorable the General Court of New Hampshire.

(1) It appears that the mode of spelling the name Hobart was not settled. The gen- tleman here referred to was Samuel Hobart, Esq., pay master of the troops, who also bore the title of Colonel. Notjonly did General Sullivan mis-spell the name, but in the report of the battle of Bennington, Aug. 16, 1777, General Stark speaks of a " Col. Hubbard," and the same spelling is found in Belknap's history of that battle. Hence has arisen a confusion; and the inquiry been raised "Who was Colonel Hub- bard that Genl Stark commends?" The proper answer is, Col. David Hobart, who was of Plymouth, N. H. though a native of Hollis, and probably a relative of Samuel Hobart, Esq. whom Stark offended. See Better's Mil. Hist, in Adj. Gen. Rep. Vol. II. 1866, p. 320. Ed.

1776.] JOURNAL OF THE HOUSE. 33

Voted that Majv Barker, Mr Gibson & Cap* Wait be a Committee to Join a Committee of the Honble Council to take into Consideration what method is best to be Taken to Ob- tain Security for Debts in Civil Cases, and how far the Same shall be prosecuted, & Carried into Execution as to the recov- ery of such Debts. Sent up by Deacon Baldwin.

Upon reading the Petitions of the Committee from Newton in behalf of s'1 Parish, Voted that John Dudley Esq'', Cap4 Prentice, Mr. Balsh, Mr. Gibson, Capt Wait, James Betton Esq1' & Major Bellows be a Committee to Examine into the matters of the Complaint, and make report thereon as Soon as may be.

The said Committee made the following report thereon viz* upon " Considering the prayer of the within Petition, & " hearing the Evidences on both sides find that the within " named Joseph Bartlett Esq1' was not Legally chose by the " Town of New Town to represent them in Congress on May " 17th 1775."

Per order Nath11 Balch, Chairman.

The Petition from the Towns of Portsmouth, Dover, New- ington, Rochester, Stratham, North Hampton, Rye, New Market, Kensington, Greenland, and a part of Brintwood, against Taking up Government in the New Form Established by this House, being read <fc Considered (by both houses, being come together in the Town house) and fully argued by Mr John Pickering, Counsel for the Petitioners (1). The house adjourned till tomorrow 9 O'clk a m.

Friday January 19th 1776.

The house met according to adjournment.

Voted, to Choose a Committee of Five Persons, to consult with Some of the Members of the Committee of Safety of Portsmouth and report to this house what they think best to be done respecting removing the People from Gosport and that D1' Levi Dearborn Capt Wait, Col1 Evens, John McClary Esq1' and Capt Moulton be the said Committee.

Voted, That Col1 Morey, Col1 David Gilman & Col1 Evans be a Committee of this house to Confer with a Committee of

(l) "With the exception of the Petition from Portsmouth, the petitions here referred to have not been found. Ed. .

34 COLONY OF NEW-HAMPSHIRE. [177G.

the lionble Council, about Laying our Plan of Government before the Honble the Continental Congress and Taking their Advice thereon and to make report to this house as soon as May be.

[p. 21.] Voted, That the account of Deacon Samuel Brooks, amounting to <£14 : 14: 84 be allowed & paid out of the Treasury, and that the President of the Council give his or- der on the Treasurer for payment thereof. Sent up by Col. Walker.

The Committee appointed to consult about removing the People from Gosport made report to the house as Follows viz.

The Committee appointed for the above sd Business beg leave to re- port That it is our Opinion That the Inhabit*8 of Gosport on the Isle of Shoals remain there untill further orders from this House, and that they be allowed to Purchase any Necessaries of Life Sufficient for their own Families at Rye harbour or Little Boars head in North Hampton on making pay for the same in Cash or good Fish. Provision to be made by Some Two persons near said Harbours for the above purpose, or by a Committee for that Purpose, in behalf of the Colony, And that the said Inhabitants be forbid going to or trading in any Other Har- bour or Harbours which report being read & Considered,

Voted, That the Inhabitants of Gosport remain on that Island till further orders of this house.

Voted, That Cap* Moses Harriett of Londonderry be & hereby is Impowered to take and Certify Depositions for Adam Stuart & against him, concerning the complaint and Information of the Committee of Safety of Londonderry.

The Honble Board sent down the Following Vote of Coun- cil viz1

Colony of New Hampshire, In Council Jan1? 19th 1776 Upon reading the Letter from his Excellency General Washington, & General Sulli- van requesting recruits for the Continental Army, The Board are of Opinion that the requisition ought Speedily to be attended to, and would Therefore recommend a Vote to be passed for the raising one regiment, and more if General Sullivan Should fail in raising a Regi- ment out of our Militia now in the Service, and that a Committee of the Honble House be appointed to join with a Committee of the Board and fully authorized to carry the same into execution. Voted that the foregoing be Sent to the Honble House. Albert E. Thompson, Seer?

Copy of the Original Attest N Emery C1 D Reps

General Washington's Letter is as follows viz

Cambridge Jan? 16th 1776.

Sir the alarming and almost Defenceless State of our Lines occa- sioned by the Slow Progress in raising recruits for the New army, and the Departure of a great Number of the Militia, which had been called

1776.] JOURNAL OF THE HOUSE. 35

in for their Support till the 15th Instant, rendered it Necessary for me to Summon the General Officers in Council, to Determine on proper means to be adopted tor their Preservation: For this purpose they met at Head quarters yesterday and to-day & finding that it was with the [p. 22.] utmost difficulty & Persuasion, that Such of the latter, as are now here, have been prevailed on to continue tiil the Last of the month, after which there is not the remotest probability of their Stay- in.;' a moment, they have Judged it expedient and absolutely necessary that thirteen Regiments should he forthwith raised equal to those of the New Establishment to be officered according to the usual mode of their respective Governments; which are to repair to this Camp by the last Instant if Possible, to be in readiness to act in such manner till the first of April, as Circumstances may require, of this number they apprehend, the Massachusetts Should Furnish seven, Connecticut Four & your Government Two, being agreeable to the Proportion Set- tled by Congress In order that each Regiment may consist of a proper Number of officers & men, I have Enclos'd you a List for their legula- tion, and of the Continental Pay. I must earnestly Sollicit your atten- tion & regard, to arms, ammunition, Blankets, Kettles, & Clothing, that they may come as well Provided with these Necessaries as Possible, Particularly the first, as from the amasing Deficiency here, I shall not have it in my Power to supply them. The situation and Exigency of our affairs Calling for this assistance, I have the most pleasing assur- rance that your Honorable body, will Exei't themselves for complying with this requisition with all Possible Dispatch. I am Sir, with much Esteem & regard your most obed Serv'.

Honble Matthew Thornton Esq. G. Washington.

Another letter from his Excelly General Washington.

Cambridge Jan>' 21st 1778 Sir In the Hurry of my last Dispatches to you of the 19th inst. I forgot to Intimate that for the Encouragement of the Regiment Destin- ed for Canada, a months advance pay will be allowed officers & soldiers by me, in behalf of the Congress. At the same time I think it but right, that you Should be apprised of the Intention of this Govern- ment to advance their Regimts another months Pay to Enable the men to provide for So long and Fatigueing a march, and in the meantime leave something for their Familys to subsist upon During their Ab- sence.— I have no doubt but that this Last advance will be pleasing enough to Congress, and that the money will be Speedily refunded, but as I have no authority to Direct it, and would not appear by any act of mine to put the Three regiments of Canada upon a Different Footing than those who have been raising for the army, I only give you a hint of the Intention of this Government, That if you think proper, the Regiments from your Colony may be placed upon the same footing, as I know all kind of Distinctions are considered by Troops with an evil & [p. 23.] jealous Eye. Such Necessaries as are absolutely requisite for the march of this Regiment, you will please have provided, upon the best Terms you can, & regular accounts with Vouchers thereof kept, that payment may be made. The Importance of Dispatch will I am persuaded, appear in so urgent & pressing a Light to you, that I need add Nothing on this Head; but shall be glad to hear what Progress you

36 COLONY OF NEW-HAMPSHIRE. [1776.

make in the business, being with the Sincerest regard & Esteem Sir, your most obcd1 Humble Serv*

G. Washington.

Entered according to the original per N. Emery C1 D Reps

The House adjourned to 2 o'clock afternoon.

Letter from General Sullivan relating to the defeat at Quebec,

fie.

[State Pap. Rev11 Vol. III. p. 70. J

Winter Hill, Jan> 18th 1776.

MUCn ESTEEMED GENTLEMEN—

It is with the most sensible pain I sit down to write you the melancholy tidings of our army's being defeated at Quebec, on the 31st of Decemr with the Loss of 150 killed and wounded (according to the best accounts we can collect) & between three & four hundred taken prisoners; among the Latter are a number of our intrepid New Hampshire Friends who marched from hence with Col0 Arnold. The whole of his party Except himself and some few that retired with him when he was wounded are either killed or taken prisoners. The Brave the Intrepid, but alas Too unfortunate General Montgomery Fell and with his departing spirit courage and Resolution forsook the Troops he commanded. He attacked the Lower Town of Quebec at the Point Diamond on the opposite side Col0 Arnold with his party attacked a place called La Roche, & after an hours Engagement car- ried a Two gun Battery with the Loss of about 20 killed and wound- ed. They then attacked a Second Battery & carried it sword in hand but gaining the Second Battery proved their defeat for by possessing themselves of that they advanced beyond Palace Gate that leads from the upper Town to the Lower, from which the enemy Immediately Is- sued and falling on their rear drove them into the Lower Town from whence they could not Escape as the Enemy were possessed of the passage through which they Entered, and on the opposite side the un- fortunate Montgomery's party were defeated & had Retired so that the victors turning round to oppose brought the small but brave and Resolute party between two Fires. They took possession of the Lower Town about 7 in the morning and though exposed to a fire in front & rear as I mentioned as also to a fire in flank from the upper Town, they bravely maintained their ground till night when despairing of succour & growing weary of slaughter they surrendered themselves prisoners of war. The Brave Montgomery with his aid-de-camp were killed the first fire, and 1 believe that struck such a damp on his par- ty that little more was done by them. Col0 Livingston with his party of Canadians made a feigned attack on the Upper Town to favour the Real attack on the Lower, but this was extremely ill executed. You will soon Learn more particularly about the matter and how the whole country is in motion to assist our friends there; all the people west of Springfield are gone. Col0 Warner with his Green Mountain Boys marched Immediately to join the party which they had left, by being (as they thought) ill used by General Montgomery. You will find by the Enclosed Letter that the General Council have determined

1776. J JOURNAL OF THE HOUSE. 37

that a Regiment from each of the Frontiers of New IIampr Mass*1 and Connecticut are to march with all possible expedition to secure our Conquests & if possible retrieve the honor of the American anus. This Resolution induced us to Release one of the Regiments wrote for in my last to serve here two months, and Instead thereof for New Hampshire to furnish one here, and one for Canada enlisted for twelve months. I have a prospect of raising one for this place from among the Recruits here in the manner I formerly mentioned. So you need give yourselves no other Trouble about that, but advancing upon the Credit of the Continent a months pay advance which beg you to do. The party going for Canada I suppose General AVashing- ton has called upon you to furnish them with money &c. Upon my soul it gives me pain to find that our Continental chest is so often empty & that parsimony and Indolence which has destroyed so many powerful States is but too likely to destroy ours. To this alone was owing that total Defeat at Quebec as the deceased Montgomery Let- ters will fully show, for he seemed to prophesy his defeat from the want of money to pay off the Troops.

I have selected officers for the Regiment to be stationed here as I mentioned, Cap1 Waldron, Chesley & Place to take the command as field officers, and have taken some of the best Captains and subal- terns. I should rejoice if Cap' Mooney would in conjunction with the Bearer Lieut. Clough & two subalterns appointed by you or them un- dertake to bring in a Company. The Residue I can furnish myself without giving you any trouble except what I mention. With re- spect to the Reg4 bound to Canada you will excuse my suggesting the necessity of Raising that in the western parts of the Colony. Col0 Win. Stark now happens to be in Camp & says he can undoubt- edly Raise the men; he is well acquainted with the country and with the nature of such a march, I would therefore for the good of the service beg leave to recommend him unless you have some other per- son more suitable in view. I have directed him to wait on your Honours & receive your Commands. Captain John Parker Avho was here some days since was soliciting license from General Washington & myself to raise four or five Companies & march to Canada. We knowing of no necessity therefor refused him; perhaps he may now be of some advantage in Raising men, but many among you know the man §• his communications ; all these hints I throw out for the good of the service. I have no particular person in view barely for his own sake. The good of my country is what I mean to promote; where I mistake the proper means to ' attain that Desirable End you will please to correct me as an ignorant offender, and believe me to be (as I really am) a true friend to my country, & your much oblidged Humble Servant

Jn° Sullivan. Hon. Gen1 Assembly of New ) Hampshire. j

The General has inclosed you copies of most of the Important Let- ters from Canada. Yrs J. S.

P. S. My extreme hurry will, I hope, apologize for incorrectness.

J. S.

38 COLONY OF NEW-HAMPSHIRE. [1776.

Order from Gen. John Sullivan. [State Pap. Revu Vol. III. p. 61.]

To Join Waldron $■ AlpJieus Chesley, Es rs.

A requisition being made upon the Colony of New Hampshire for a regiment of men consisting of seven hundred & Twenty Eight Includ- ing all the officers, I have after consulting his Excellency Gen1 Wash- ing! on thought proper to raise and officer a Regiment out of the of- ficers & soldiers lately come in from that Colony to remain in the Continental service until the first day of April next. I have named Eight Captains & have nominated you the said John Waldron as Chief Co1 of said Regiment & you the said Alpheus Chesley as Lieut. Col" thereof & have wrote to the Gen1 Assembly upon the measure I have adopted & requested them to furnish one months pay advance for said regiment upon the credit of the Continent. You are there- fore requested Immediately to repair to the Gen1 Assembly, wait on them with my compliments & these orders, receive their commands & Immediately proceed to compleat the Regiment Proposed, & Return to head Quarters by the first day of February next. You will please to pay strict obedience to the commands of that Assembly & on all occations give notice of your proceedings to your Hum1 serv'

Jn° Sullivan, B. Gen1 of the Continental Congress.

Winter Hill, Jan? 19th 1776.

Letter from General Washington.

[State Pap. Rev11 Vol. III. p. 76.]

Cambridge, 19 Jan-V, 1776. Sir—

The Inclosed herewith sent convey such full accounts of the sad re- verse of our affairs in Canada as to render it unnecessary for me in my present hurry to add aught to the tale.

Your spirited Colony will, I have no doubt be sufficiently impressed with the expediency of a vigorous exertion to prevent the evils which must follow the repulse of our Troops. It does not admit of a doubt, but that General Carlton will improve this advantage to the utmost; and if he should be aide to give another current of sentiments to the Canadians and Indians, than those they seemed inclined to adopt, words are unnecessary to describe the melancholy effect that must inevitably follow.

I am persuaded therefore, that you will exert yourselves to the ut- most to throw in the reinforcements (by the rout mentioned in Gene- ral Schuyler's letter) that is now required of your Colony, as the doing of it expeditiously may prove a matter of the utmost importance.

You will perceive by the minutes of the Council of War (Inclosed) that the Regiment asked of you for Canada is one of the Two applied for in my letter of the 16 Inst, and that the only difference with re- spect to the requisition is the length of time and place of service; as no good would result from sending Troops to Canada for a shorter

1770.] JOURNAL OF THE HOUSE. 39

period than the Continental arrny is raised for, to wit, till the first of Jan1? 1777.

I am with very great esteem.

Sir, your most obed' H. serv*. (copy)

Hon. Matthew Thornton. Indorsed, ''General Washington. Regiment for Canada."

Notb. On the 19th January, 1776, the Continental Congress issued General Orders or ra.tli.-i- Resolutions to expedite the raising of forces for Canada,— advancing 12,500 dol- lars to each ol the General Assemblies or Committees of Safety of the Colonies in which troops were raised, for the purpose of recruiting their respective regiments. These Resolutions were forwarded to the General Assembly of New Hamps-hiie, followed hy a letter from Hon. John Hancock, as follows. Ed.

Letter from Hon. John Hancock relative to Troops to be raised

for Oanadai

[State Pap. Vol. Ill, p. 31.]

Philad8 Jan? 12, 1776.

GrENTLEMEN,

The repeated proofs which our enemies have given of their rage and malice, leave no room to doubt that they will exert their utmost endeavours to effect our destruction. Through the favour of Provi- dence our success in Canada has prevented them from employing the savages against our parties.

But as there is reason to apprehend they will attempt in the spring to recover the possession of that country, the Congress have resolved to support nine battalions for its defence, this year.

One, of Canadians under Colonel J. Livingston; two, to be em- ployed of those brave Troops serving there, an honour due to their bravery and merit, to have an opportunity of defending a Country, which their valour has rescued from Slavery; three, from Pennsyl- vania & New Jersey, of which two are under marching orders; and the remaining three to be raised to the eastward, viz. one in your Colony, one in Connecticut, and one in New York, as you see by the enclosed Resolve.

As the arrival of the troops in due time will greatly conduce to the preservation of that country and defeat the designs of our enemy, and as the month of February, which is fast approaching, is the best, indeed the only time before summer, of crossing the lakes, the Con- gress rely that you will, according to your usual zeal, exert your ut- most endeavours, to have the battalion from your Colony raised and sent forward with all possible expedition. I am, gentlemen,

your obed1 humble serv4

John Hancock, Presid4.

A Battalion to consist of 8 companies, each Company of 1 Cap4, 2 Lieut* , 1 Ensign, 4 Sergeants, 4 corporals, a Drum & Fife, & 70 pri- vates, Adjutant, Quarter master & Surgeon.

To the Committee of Safety &c. New Hampshire.

40 COLONY OF NEW-HAMPSHIRE. [1776.

Resolves of American Congress.

[State Pap. Vol. III. p. 23.]

In Congress, Jan>' 8th 1776.

Resolved, That to make up the Battalions voted for the defence of

Canada, one battalion be immediately raised in New Hampshire, one

in Connecticut and one in New York.

Extract from the Minutes

Chas Thomson, Sec'?. Order'd to be Transmitted to the Committee of New Hampshire.

John Hancock, Presd4.

In Congress, Jan^ 8, 1776. Resolved, That the governor of Connecticut, the General Assem- blies of Massachusetts bay and New Hampshire & the Convention of New York, be wrote to forthwith by the delegates of said Colonies respectively to furnish General Schuyler with the account of the money paid to any persons in the army under his command, specify- ing the names of those to whom the money was paid by their order. Extract from the minutes.

Chas Thomson, Sec^.

Letter from Hon. John Hancock. [State Pap. Vol. III. p. 80.]

Philad* January 20th 1776. Gentlemen—

In addition to the resolutions of Congress passed the 8th Inst, for the defence of Canada, I have now to add sundry others which the advices lately received and the repulse our troops met with in their at- tempt on Quebec, rendei absolutely necessary to be carried into exe- cution with all possible expedition.

There is evei'y reason to hope that a timely reinforcement will not only secure our friends and retrieve our losses, but put us in posses- sion of Quebec before success can reach our enemies.

I am therefore directed most earnestly to press you with all possi- ble expedition to levy and forward the battalion ordered to be raised in your Colony, and as you lie the most contiguous I trust your wonted zeal will be the first to carry relief and succour.

You will easily conceive what life, spirit, and confidence the arrival of but one company will give our friends there, especially when they understand it is quickly to be followed by more forces: You will therefore with the utmost despatch forward the first that can be got ready.

To prevent any delay, I send inclosed by order of Congress blank Commissions for the field officers, Captains & subalterns, which you will please to fill up with such gentlemen as you shall judge best qualified & proper for the service.

The money for defraying the expence of the battalion will be for- warded by your delegate with all dispatch. The encouragement giv- en to the men will, I hope, facilitate your business, and I trust your zeal will not be wanting in the defence of our common liberties.

1776.] JOURNAL OF THE HOUSE. 41

Time will not permit me to enlarge, I must therefore beg leave for other matters to refer you to the enclosed extracts only reminding you that the battalion is to consist of eight companies, each company of a captain, two lieutenants, one ensign, four sergeants, four corpo- rals, a drum & fife & 70 privates. The staff officers, a surgeon, a quarter master, an adjutant & a chaplain for every two battalions with the pa}- of 33$ dollars.

I have the honor to be Gentlemen,

Your most obed' serv*

John Hancock, Preside

Resolves.

In Congress, January 17, 1776.

Resolved, That the Colonels of the several Battalions ordered to be raised, do immediately order their officers on recruiting service, to such parts where they are well known and have the greatest proba- bility of success.

That the recruiting officers ought to be careful to enlist none but healthy, sound, and able bodied men, not under sixteen years of age.

That the Colonels of the several battalions aforesaid appoint some place or places of rendezvous to which the recruits may be sent, and where the battalions may be quartered.

That the greatest attention ought to be paid to the behavior of the troops in quarters, that they may give no reasonable cause of com- plaint.

That the quarters of the troops be duly discharged once a week.

That an allowance of ten shillings per man be made to the recruit- ing officers in lieu of their expenses in recruiting, exclusive of the subsistence money allowed them, and that in case any men be inlisted contrary to the foregoing regulations, the pay they may have received and the subsistence-money that may be paid for them shall be stopped from the pay of the recruiting officer.

That the Colonels of the several Pennsylvania Battalions be sup- plied with money for the recruiting service by the Committee of Safe- ty of Pennsylvania, and disburse the same to the several recruiting officers, the Colonels and other officers to be accountable for what they shall receive, and all arrears they may fall into be stopped from their pay.

That no bought indented servants be employed on board the fleet or in the army of the United Colonies, without the consent of their mas ters.

(Extracts from the Minutes.)

Charles Thomson, Sec^.

1ST. B. The Physicians appointed by the Committee of Safety to examine the young gentlemen who design to offer themselves as Sur- geons in the New Battalions, have fixed Tuesday the 13th of Febru- ary for that purpose.

42 COLONY OF NEW-HAMPSHIRE. [1776.

Letter from General Sullivan. [State Tap. Vol. III. p, 82.]

Winter Hill, Jan? 20th 1776. May it Phase your Honours :

The bearer hereof Mr. Adjutant Peabody of Col0 Reed's Regiment earnestly desiring to go to the relief of our Distressed Brethren in Can- ada, I beg leave to recommend him to the office of a second Lieutenant & adjutant in the Reg1 bound there which offices he has voluntarily re- signed here & cheerfully undertakes the fatigues of a long march to Re- lieve our worthy friends at Quebeck. I can assure you that lie has ever behaved well and been highly esteemed here as well for his con- duct in the common Business of his office as for his courage & Intrepid- ity at Bunkers Hill. Any favour you will please to show him shall be gratefully acknowledged by your much oblidged Humble serv1

Jn° Sullivan. To the Hon. General Assembly.

Letter from Meshech Weare to General Washington. [State Pap. Vol. III. p. 90.]

Colony of N. II. Exeter 21st Jan? 1776. Sir—

Your Excys favor of the 19th curr4 with the several Inclosures came to hand yesterday noon bringing us the melancholy advices of ye Defeat of our Army before Quebec & the Death of ye brave General Mont- gomery, with a number of our Friends & fellow-soldiers a sad Re- verse this indeed of our affairs in Canada, wdl we are extremely sorry for and regret.

Our Council and Assembly were just upon the point of adjourning to Monday, when your Excell>'s pacquet was bro't us, wch determined us upon setting again in the afternoon : ye subject of ye Letters was immediately taken into consideration. The Assembly very readily & cheerfully agreed to & resolved upon raising a Regiment in the western Frontiers as therein recommended, to march directly into Canada, for the reinforcement of our Brethren there.

The Regiment to consist of ye number derected in the Continental Establishment. The Command is assigned to Col" Tim" Bedel who having approved himself well at the siege of St. Johns is just returned from Canada, & we think will readily enter on ye Duty.

The other Field officers being residents near Conn' River, well ac- quainted with the people and Country, we doubt not will be able soon to raise the whole of men. The Lt. Colonel J. Waite, one of our Assembly is already set out & carrys with him enlisting orders & mon- ey for yc purpose, the Assembly having voted to pay each man two months wages adve for their encouragement.

Directions are also gone out for ye procuring provisions & other necessarys requisite for their march from Con* River over to Onion River. We trust yr Excels will give Govr Schuyler timely advice that he may forward what prov" may further be necessary to meet the Troops at Onion River. In our last to y1' Excels we mentioned our having in readiness 160 Blankets to forward to Head Quarters which were just going off, when upon receiving these last advices 'twas thou't

1770.] JOURNAL OF THE HOUSE. 43

absolutely necessary to stop them, that they might be sent westward for the use of this Regiment as 'tis impossible to provide any Q'ty of Blankets in that part of the Country.

We are truly sensible of the expediency of a vigorous Execution to prevent the Evils wch may follow y Repulse of our Troops in Canada, and you may depend. Sir, we shall not fail to do our utmost to forward this Re-inforcem*.

In behalf of the Council & Assembly,

1 am with great Esteem & respect your Excellences,

most obed' humb1 serv4,

M. W. President. To his Excellency General Washington.

Letter to General Washington. [State Pap. Vol. III. p. 94.]

Exeter 22d Jan? 1776. Sir— AVe have just recd y1' Excellencys Favor of yesterday's Date, for answer to wch we beg leave to refer to our Letter forwarded herewth in w,h it may be observed our Assembly had taken up the matter of advance wages to the soldiery destin'd for Canada in the same manner as intimated by the Mass3 Government.

We shall duly note yr Excellency's kind intention of refunding to this Colony the money they advance as soon as the General Congress may remit you a sufficient supply, & we shall give the necessary Direc- tions that all accts respect- these matters may be correctly kept, and proper vouchers produced for the same. I am in behalf of

the Council and Assembly yr Excell-Vs

most humb serv' (Copy.)

Met according to Adjournment.

Voted That the account of the Committee of Safety of Exeter amounting to seventy nine pounds thirteen Shillings be allowed out of the Treasury, and that the President of the Council give his order on the Treasurer for payment of the Same. Sent up to the Board by Col1 Walker.

The Information & Complaint of the Committee of Safety of Londonderry against Adam Stuart, being read & Consid- ered in the House, Voted that the Parties be heard thereon on Tuesday next afternoon.

Voted That there be an Assistant Clerk of this House, and that Noah Emery Esq1' the Present Clerk have liberty to Appoint Said Assistant.

44 COLONY OF NEW-HAMPSHIRE. [1776.

Voted, That the Account of Samuel Connor, Amounting to six pounds one Shilling & one penny be allowed and paid out of the Treasury, and that the President of the Council give order on the Treasurer for payment thereof.

Sent up by Col1 David Gilman.

Voted That the Committee for Examining Accounts be & hereby are Directed to Advertise all persons that have ac- counts open against this Colony, to bring them immediately to said Committee for Allowance.

Voted, That John Dudley Esq1— Samuel Dudley Esqr Cap1 Prentice, James Betton, Esq & Major Bellows be a Committee of this house to join a Committee of the Honble Council to Examine into & report what wages or Pay Each Committee man, that have been employed by the late Con- gress and by this house, ought to receive for their services, and to make report to this house thereof.

The house adjourned till tomorrow morning 9 O'clock

Saturday Jan>" 20th 1776.

The House met according to Adjournment.

Voted, That Nicholas Gilman Esq. Treasurer of this Col- ony be Desired to Forward the Blanketts Collected for the Continental army, to Head Quarters as soon as may be, with an account thereof to the Generall, and to receive the mon- ey for them on a receit from the Commissary Generall.

Voted, That the Muster roll of Cap* James Merrill, amounting to £4: 5: 3. be allowed & paid out of the Treas- ury, and that the President give his order on the Treasurer for payment thereof.

[p. 24.] Voted that Col1 Walker, John McClary Esq. & Sam- uel Sherburne Esq be a Committee of this house to join a Committee of the honble Board to make report to this house what pay D1' Hall Jackson ought to receive for his past ser- vices to this Colony and what Establishment he shall have in future.

Voted that Cap* Moulton, Col1 Daniel Gilman and Major John Bellows be a Committee of this house to join a Committee of the Honble Board to consult about appointing the Field officers of the Regiment this day Voted to be rais- ed for the Continental Army and for further Carrying the Said Vote into Execution, and make report to this house.

1776.] JOURNAL OF THE HOUSE. 45

Voted to raise one Regiment of Soldiers Forthwith to Consist of Eight Companys, Each Company to Consist of one

Captain, Two Lieutenants, one Ensign, four Sargeants, four Corporalls, one Drummer, one Filer, and Seventy six pri- vates, all to be on the Lines at the Continental army by the first day of February next, and to Continue in the Service untill Uie first day of April next, on the Establishment of the Continental Army : and also to raise more men So as to make up another regiment of the Same Number in Case General Sullivan Shall Fail of raising a full regiment out of our Militia now in the Serviee, and that a Committee of this house be appointed to join with a committee of the honble board and be fully authorized to Carry this vote into Execu- tion, Saving to the Council and Assembly the right of ap- pointing the field offieers.

Voted That Joseph Wait Esq be Colonel of the Regiment Voted to be raised in this Colony for the Continental army, and that Henry Gerrish Esq1', be Lieutenant Colonel and Isaac Butterfield Esq be Major of Said Regiment.

Voted That the Regiment this day Voted to be raised in this Colony to Continue in the Service untill the first day of April next and to be on the Lines of the Continental Army by the first day of Feby next, on the Establishment of the Continental Army Shall be Instead of that Service Enlisted for the Service in the Northern Army, Commanded by Gen1 Schuyler, now at Canada, to continue in that Service Untill the first day of January next, unless Sooner Discharged, and to be on the Same Establishment with the Other Officers and Soldiers in the said Army, and that Col1 Timothy Beedle Command the said Regiment as Colonell, That Joseph Wait Esq be Lieutenant Colonel and Isaac Butterfield Esq be Ma- jor of Said regiment, and that Each officer and Soldier that Shall Enlist in said Service, shall receive Two months ad- vance pay upon their being Mustered : and in Case the said [p. 25.] Major Butterfield shall be by any means rendered Incapable of Proceeding in said Service, that a Blank Com- mission be given to Col1 Beedle or Col1 Wait to appoint Some , Other person to be major in his Stead this Vote notwithstanding. Voted that the Muster-roll of Capt Elephalet Daniel amounting to £31 : 14 : 6. be allowed & paid out of the Treasury, and that the President of the Council give his or- der on the Treasurer for the payment thereof.

Adjourned to three o'clock afternoon.

46 COLONY OF NEW-HAMPSHIRE. [1776.

Orders to Joseph Wait, Esq.

[State Pap. Vol. III. p. 80.]

In Committee of Safety, Jan? 21st 1776.

To Joseph Wait, Esq,

You being appointed Lieut. Colonel of a Regiment of Rangers to be commanded by Tim0 Beedle Esq. to serve in the Northern Continen- tal Army; you are hereby authorized & desired Immediately tct proceed on yu Inlisting the said Regiment, the several companysto consist of 86 able bodied effective men including 4 serg*8, 4 corporals, 1 Drummer & fifer well accoutred with arms & Blanketts, nntill the first Day of Janv next unless sooner Dismissed; and you may assure them they shall have the same pay as the other continental Troops. By order of the Committee.

Orders to Israel Morey $■ John Bellows, Esqrs.

[State Pap. Vol. III. p. 88.]

In Committee of Safety, Jan* 21st, 1776. Gent11

You are desired immediately to procure on the best terms, the fol- lowing Articles for the use of the Regiment now raising on the Frontiers of this Colony to march into Canada under the command of Col. Timv Bedel, there to join the Northern Continental Army, and to deliver to each soldier his proportion of the same of the Provisions at the rate of one pound of Pork one pound of bread & half a pint of pease each Day for their march from Connecticut River thro' the Woods to Onion River, which it is estimated will be fifteen days at least; and you are to keep an exact account of the delivery of the whole. 12.(M)0llb salt Pork

400 bushels of wheat to be ground into flour 500 pr of mens shoes 50 Moose skins for mogasons 720 pr Rackets or snowshoes 688 hatchetts or tomahawks.

688 blanketts at 15/ to be allowed each soldier, if the blanket cost more the soldier to pay the overplus, if less to be made up to him. 120 Tin camp kittles Gunpowder Musket Balls Flints

Ground Ginger 200 Gallons Rum

Yards Coarse cloth for Indian Leggings Coarse cloth for shirting Coarse cloth for mens Coats By order of the committee

M . Weare, Chairman. Israel Morev | -p & John Bellows, { ^W' (Copy.)

1776.] JOURNAL OP THE HOUSE. 47

Met according to adjournment.

Voted that D1 Hall Jackson Mr Sherburne & Capt Long be a Committee to procure one hundred & fifty stand of arms, now in Portsmouth, belonging to the Massachusetts Colony, and all the Duffells for Blanketting that the)' can Procure at Portsmouth, and Transport them to Exeter as soon as may be. Sent up by Co1 Morey.

Voted that Co1 Morey be appointed to Procure four hun- dred Hatchetts, and also snowshoes for the use of the Regi- ment going to Canada, Sufficient for their Service.

Voted that Mr Richard Champney be Desired to Procure & Deliver to the Treasurer one hundred & Seventy good Tinn Kettles as soon as may be for the use of the Regiment going to Canada.

Voted That Co1 Morey & Major Bellows, be Mustermasters of the Regiment going to Canada and also paymasters of their advance Wages, when they are Mustered at Coos or Elsewhere.

Voted that the account of Ezekiel Worthen, Joseph Wait & John Bellows amounting to Fifty Eight Shillings and two pence be allowed & paid out of the Treasury, and that the President of the Council give his order on the Treasurer for payment thereof.

Voted that Joseph Wait Esq1' receive out of the Treasury Seventy Pounds to be by him accounted for, and that the President of the Council give his Warrant on the Treasurer for the same. Adjourned to Monday next at 9 o'clock in the morning.

Monday Jany 22d

Met according to Adjournment.

Voted, That whereas by a Vote of Saturday Last Col1 Morey & Maj1' Bellows were appointed Mustermasters & pay- masters to the regiment going to Canada, & were Directed to pay their advance wages when mustered at Coos or else- where.— It is now further Voted that the said paymasters Deliver one half of said advance pay to the Field officers to be paid to the Soldiers upon their Enlistment, and the other half to be paid upon their Passing Muster Sent up by Cap* Moulton.

48 COLONY OF NEW-HAMPSHIRE. [1776.

[p. 26] Voted that the account of Caleb Greenleaf Adams, amounting to Fifteen pounds three shillings & Ten pence, be allowed & paid out of the Treasury, and that the President of the Council give order on the Treasurer for payment thereof. Sent up by Capt Moulton.

Voted That Co1 David Oilman James Betton Esq1' & Cap* Prentice be a Committee of this house to Confer with a Committee of the Honble Board Concerning Gen1 Sullivan's Appointing officers for a new Regiment, and his requisition to this assembly Concerning said Regiment, and to make re- port to this house as soon as may be.

Voted That Col1 Nicholas Gil man Capt Josiah Moulton & Capt Ezekiel Worthen be a Committee of this House to join a Committee of the Hon1,le Board to hire or agree with a Person or Persons to build for the use of this Colony, a Row Galley, agreeable to a Plan or Draught Presented to this house by Major Hackett. Sent up by Capt Worthen. Ad- journed to half past 2 o'clock afternoon.

Met according to Adjournment.

Voted That there be Added to the pay of Each of the members of the Honble Council & of this house one Shilling per day for their Attendance in Congress & on this Assem- bly for six months from the first Sitting of the Congress on the Twenty first of December last.

M1' Champney reported to the house That he had pro- cured Seventy three Six quart Kettles at Portsmouth, and that Thirty more will be ready at Newbury Port on Wednes- day Night next, and that Thirty more can be ready at New- bury Port by Saturday night next.

Voted, That Col1 Evans, John Dudley Esq & Ichabod Rawlins Esq1" be a Committee of this house to join a Com- mittee of the Honble Board to confer upon the Expediency of Choosing Delegates or a Delegate for this Colony to Repre- sent us at the Grand Continental Congress at Philadelphia for the year ensuing.

Letter from Hon. Josiah Bartlett, Delegate in Continental

Congress.

[State Pap. Vol. III. p. Si.]

Philadelphia, Jany 20th 1776. Gentlemen

The Congress on the 8th inst. voted to raise one Regiment in the

1776.] JOURNAL OF THE HOUSE. 49

■western parts of our Province for the service in Canada. The news of the misfortune at Quebeck arriving here last Thursday, they Voted yesterday to give the men a Bounty of forty shillings and one months pay advance, to encourage the speedy inlisting & sending forward said Regiment, and I hope you will do every thing in your power to hasten it, as the taking & securing Canada this Winter or early in the Spring before the arrival of British troops, will be ,of almost infinite advantage to the Continent, more especially to New England and to our Colony in particular. One Regiment will begin to march from this place for Canada in a few days, and one Regiment from New Jersey in 8 or ten days; Orders are also given to raise as soon as possible for the same service (Beside those in New Hampshire) one more Regiment in Penn- sylvania, one Do. New Jersey, one Do. on the western parts of New York, and one Do. in Connecticut; and this Day I expect one will be ordered to be raised in Massachusetts for the same purpose; no cost or pains must be spared to secure the important Province of Canada.

1 beg Leave to renew my request that Delegates may be appointed & sent here as soon as may be, as in my opinion the Representation of a Colony at this important Crisis is too weighty and important to be intrusted to any one person. That you may see the necessity of a larger Representation of our Colony I would inform you, that Beside Committees for special purposes that are frequently chosen, there are four or five standing Committees appointed, some for secrecy, some for dispatch, some of which Committees are Entrusted with large powers, and that there may be no cause of complaint, those Committees con- sist of one delegate from each Colony, sometimes two, sometimes 3, of those Committees set at the same time, so that tho' I attend some of the Committees almost every night and morning before and after Con- gress, yet some business of consequence is transacted by them without our Colony being represented, and sometimes the Committees set while the Congress is seting so that our Colony must be unrepresented in Both. 1 have been here almost five months a great part of the time without a colleague. I really find that I never knew what confinement with Business was before; and that I want more exercise of Body & less of mind, at least for some time: I please myself with hopes 1 shall soon see Delegates here from our Colony and that I may return to my family, and with my domestick affairs relax and unbend my fatigued mind.

The sum of 12,500 Dollars which the Congress ordered to be sent to you to be used in raising our Regiment for Canada, I shall send for- ward as soon as I can. Please to acquaint me with the Publick affairs of our Colony as often as convenient, and in particular of your success from time to time in raising the Regiment. As the Congress have entrusted you with appointing the officers, I know you will do the best you can to appoint proper persons, and hope you will be so fortunate as to give general satisfaction.

I am, gentln your

most obedient servant,

Josiah Bartlktt.

The Provincial Committee of Safety of New hampshire.

50 COLONY OF NEW-HAMPSHIRE. [1776.

"Voted That Wyseman Clagett Esq1* be Attorney Generall For this Colony For the Current Year.

Sent up by the Clerk.

"Voted That Col Timothy Walker Esq Go to headquarters as soon as may be and Enquire what Number of Troops are Enlisted there, belonging to this Colony to be in the Service untill the first of April next, and what officers they Choose to Command them and to make any further Enquiries Con- cerning the State of our Troops there, and to make Report thereof to this house or to the Committee of Safety as soon as may be.

Adjourned to 9 o'clock Tomorrow morning.

[p. 27.] Tuesday Jan1* 23d 1776.

Met according to Adjournment.

Voted That Co11 Walker, Capt Prentice & Coll David Gil- man be a Committee of this house to join a Committee of the Honble Board to Confer together and make report to this house as soon as may be, what may be best to be done in respect the Regiment Now raising for the Continental Army, and Commissioning them. Sent up by Col Walker.

Voted, That Major Downing, John Dudley Esq & Col Morey be a Committee of this house to Confer with a Com- mittee of the Honble Board about Nominating Three Dele- gates to Represent this Colony at the Continental Congress at Philadelphia. Sent up by Col Morey.

Voted, That Col Timothy Walker, Capt Josiah Moulton, Capt Prentice, M1* Jacob Abbot, Col Evans & Col Morey be a Committee of this House to Confer with a Committee of the Honble Council about the appointment of the Civil officers in this Colony. Sent up by Col. Walker.

The Following Vote of Council was bro't down from the Honble Board viz :

In Council 23d Jan1? 1776.

Whereas by Law, all Persons Annually appointed to offices in Towns & Parishes in this Colony, are required to take an Oath for the faith- full Discharge of their Duty therein, and as Difficulties have, & often may arise by reason of No Magistrate attending Town or Parish meetings, nor being appointed in Some Towns or Parishes, For Rem- edy Whereof, It is Now Resolved That the Moderator of any Such Town or Parish Meeting which may be held in this Colony, Be & is hereby Impowered to Administer the oath appointed by Law, to any Clerk of such Town or Parish, and afterward Such Clerk is hereby Impowered to Administer the Oaths Appointed by Law, to all other Town or Parish officers. Read and ordered to be sent down to the Honble House for Concurrence. M Weare President.

1776.] JOURNAL OP THE HOUSE. 51

In the House of Representatives Jan? 23'1 1776. This Re- solve being Read Voted That this House Concur therewith.

P. White Speaker. Entered according to the original. N. Emery C1 D Reps. .

Voted That Deacon Nahum Baldwin receive out of the Treasury Thirty Jive pounds to Purchase Fire Arms for this Colony, and to be by him accounted for. And that the President of the Council give order on the Treasurer for payment thereof. Sent up by Mr. Baldwin.

Voted to Send one of the members of this house (being of the Committee of Safety) and one of the Honble Council whom they shall appoint, as a Committee to Treat with his Excelly General Washington about officering the regiment now raising for the Continental army and that Said Commit- tee have full power to settle those matters with the Generall And that Capt Josiah Moulton be the Committee from this house. Sent up by

[p. 28.] Voted That Mr. Rawlins Mr. Cutts & Col1 David Gilman be a Committee of this house to Join a Committee of the Honble Board to Enquire into the State of the Treas- ury, & also to report what further sum of bills of Credit is Necessary to be Emitted on the faith of this Colony for our Present Exigencies, and in what manner to be emitted. And also to receive of the Treasurer all such bills as are on Interest, now in the Treasury, and to bring the same to be burnt to ashes before the Genl Court. Sent up by Mr. Cutts.

Voted, That Capt John Calfe be, and is hereby appointed to countersign the bills of Credit now lying in the Treasury, not countersigned. Sent up by Mr. Cutts.

Voted That John Dudley Esq Ichabood Rawlins Esq Col David Gilman, Saml Cutts Esq Samuel Sherburne Esq Jn° M'Ciary Esq & Major Tash be a Committee to Examine into the matters of complaint of the Committee of Londonderry against Adam Stuart who is suspected of being Enemical to this Country, and to make report thereon to this house as soon as may be.

Voted That Josiah Bartlett John Langdon and William Whipple Esq1' be & hereby are Appointed Delegates to Repre- sent this Colony in the Continental Congress at Philadelphia, for the term of one year from this Time, any one of Them (in the absence of the others) to Have Full Power to repre- sent the Colony, and That not more than two of them Attend at one time. Sent up by Cap. Worthen.

52 COLONY OP NEW-HAMPSHIRE. [1776.

Voted To Choose a Committee to Confer with a Commit- tee of the Honble Board and make report to this house, in what manner and in what Name, Such writs, Warrants & Precepts as may be Necessary to be Issued, in Cases of Tres- passes, assaults and other Breaches of the Peace, and also for Collecting of Taxes, Shall be Issued; and thatDoct Levi Dearborn Cap* Mooney & Cap1 Calfe be the Committee of this house for that Purpose.

Sent up by M1' Emerson.

Voted that the report of the Committee appointed to hear & Examine into the matter of Complaint of the Committee of Londonderry against Adam Stuart, be received & filed, and ordered That Capt Long, Mr. Rollins & Mr. Emerson write a Letter to the Genl Court at Waterton to advertise them of the Trial of said Stuart, before a Committee of this house, and that they have adjudged him to be Enemicai to the Cause of American Liberty.

Report of above said Committee. [MS. State Pap. Revn Vol. III. p. 59.]

The Committee to examine into the matters of Complaint of the Committee of Londonderry, against Adam Stuart, Beg leave to Re- port, viz :

That we have carefully & impartially heard the Evidences against Adam Stuart, and in his own defence, and are of opinion, upon the whole of the Evidence, that the said Adam Stuart, has in several instances (in conversation) discovered himself, as an enemy to Ameri- can Liberty ; therefore ought not to have the full Liberty of a True Friend to this Country. John Dudley, Chairman.

Jany 23*, 1776.

Note. The depositions, evidences, &c, on which the foregoing report was founded, are found in " State Papers, Rev'n, Vol. Ill," pp. 49-59. The following are a part of them. Ed.

Londonderry, Jan^ ye 15th 1776. We the Committee of Safety for Londonderry agreeable to the orders of the Congress of this Colony, Now Resolved into a house and Councill have made this Return to your Honnours that the Evidences here Inclosed Appeared Before us the Subscribers and made solem oath to the Inclosed. The said Adam Stuart we are informed is in Cambridg in the Massetusetts Goverment.

Mos Barnett, John MTveen, Sam1 Allison, Robert MacMurphy, John Gilman, John Nesmith, John Bell. To the Honble the House of Representatives now Convened at Exeter.

1776.] JOURNAL OP THE HOUSE. 53

Deposition of John Wiear.

Some time Last August I was at Loud Derry where I had some con- versation with Mr. Adam Steuart Wherein he made light of my saying I hoped our troops would soon be in Boston. Likewise the whole of his conversation was on the Dark side of our unhappy Differince with our mother country. With other expressions of the like Nature all which gave me ground to conclude him inimical to his country cvver since. Jn° Wiear.

Dated at Hampstead the 22d of Jan* 1776.

The Deposition of Mrs. Mary Ferrin of Lawfull age Testifieth & says, That sometime in the month of Novr last she heard Mr. Adam Stuart uttering the following words: That he would Fight under the colors of King George & that he could command a number of men out of Boston that would drive a great part of the country, as they were more Expert and Better Disciplined and more used to Fighting than the undisciplin'd country, &c. Likewise heard ye said Stuart use many Expressions which I looked upon to be in favour of the King and against the country, and that there was a commition laid for him when he went down, and further sayeth not.

Londonderry Jan^ yc 22d, 1776.

her

Mary X Ferrin. mark.

Whereas Adam Stuart leat of Londonderry has ben long suspected as being Enemical to his country and strong evidences hath been sworn before us the Comity of Safety against said Stuart, this is therefor to Require Every true subject to his contrey to aprehend the said Adam Stuart and covey him imediately before the Congrace at Exeter so that he may be dealt witli as his crime desarves and as we hear that said Stuart was in Londonderry yesterday seeking after debts and least that said Stuart should escape, this therefor Requirs the mor Hast from the Comity of Safety. Moses Barnett,

John McKeen, Sam1 Allison, John Nesmith. Londonderry January ye 19th, 1776.

Upon the application of Daniel Jackson for Liberty to Sail as a Privateer against our Enemies, Voted that Ichabood Rawlins & John McClary Esq & Mr. Barker be a Committee of this house to Join a Committee of the Honble Board, to Consult on that matter & Commission him in such manner as they shall think best, and lay the same before this house for their approbation.

Adjourned till to-morrow morning 9, O'clock.

54 COLONY OF NEW-HAMPSHIRE. [1776.

[p. 29.] Wednesday Jan1* 24th 1776.

Met according to adjournment.

Voted To Direct our Delegates at the Continental Congress to Purchase & send here on Freight One Thousand Barrells of Flour on account & Risque of this Colony at the best & Cheapest rate they can.

Voted, That Col Morey, Col Gerrish, & Dr. Dearborn be a Committee to View & try twenty firearms Procured for the use of this Colony by Mr. Moses Parsons.

Voted That Dr Joshua Brackett be Judge of the Court of Admiralty for the Colony of New Hampshire, & that Samuel Penhallow Esq. be Register of said Court.

Sent up by Mr. Cutts.

Voted That Col Walker & Saml Sherburne Esqr be a Com- mittee of this house to join a Committee of the Honble Board to Consult & Draw up Such Rules & Regulations for the Court of Admiralty to be governed by, as may appear to be Legal & Necessary at this time, and to make report to this house as Soon as may be. Sent up by Mr. Cutts.

Voted to choose a Committee of this house to join a Com- mittee of the honble Board To draw up Instructions for the Committee Voted to be Sent to Genl Washington about offi- cering the Regiment now raising for the Continental Army and that Col. Walker & James Betton Esq be the said Com- mittee from this house. Sent up by Mr. Cutts.

Instructions to the Committee appointed to wait on General Washington. [MS. State Pap. Rev" Vol. Ill, p. 96.] To the Honhle Matthew Thornton, Esq. § Josiali Moulton Esq.

You being appointed a Committee to wait on his Excellency General Washington, on the subject of his requesting a Regiment from this Colony to assist in guarding the Lines 2 months: You are therefore desired to proceed to the Camp and Enquire what number of men are there Inlisted or likely to Ingage in the Regiment officered by Gen1 Sullivan for said purpose, and if they are not and cannot be raised there, under the proposed officers, to consider whether the officers appointed by this Court will be likely better to effect the purpose of raiss the Reg'.

Likewise wait on General Washington and lay before his Excellency all the letters recd from General Sullivan on that subject and represent to him the Difficulties that have, & likely may arise, by General Sulli- van's doing things that this Colony suppose ought to be done by their Legislative authority. And if it is absolutely necess^ to advance a months pay to said Reg4 you may engage it. You are desired to en- quire whether the people that came in on the Lexington alarm are

177G.J JOURNAL OF THE HOUSE. 55

likely to be paid by the Continent; also in what name Commissions & Processes Issue in the Massa*8 Colony. (Copy.)

Letter from Gen. John Sullivan. [State Pap. Rev" Vol. Ill, p. 100.]

W inter Hill, Jan-V 2Gth, 177G. May it please your Honours

I have this Day had the pleasure of seeing the worthy Gentlemen you were pleased to appoint as a Committee. They relieved me much when they informed That you had Voted to advance the money for the new Regiment and that you approved of my plan for Raising it; which by Informations recd before I thought was not the case. I had not time before, nor have I even now to assign all the Reasons for such an attempt one weighty Reason was that all the new Troops that came in are bound to pay a Tax to the climate by sickness; this the present Militia have gone through & therefore will much better endure the severities of the next campaign. I hope to have a great part of the Regiment from those, but least a deficiency should happen I obtained leave to Furlough some officers for the purpose of enlisting some in the Country. I have now no doubt upon my mind about compleating the Regiment by the time, Since you have been kind enough to advance the months pay. This money I entreat you to put into the hands of Major Coffin that he may forward it to Waldron & Chesley as soon as possible, and I will be answerable for the Disbursement. After the Regiment is on the ground shall send you a List of the men & officers and beg you to grant the Commissions, and in this & every other mat- ter shall chearfully acquiesce in your Determinations & exert myself to obey any of your commands.

Gentlemen, I am with much respect,

y1' most obed1 serv1,

Jn° Sullivan. Hon. Gen1 Assembly of New Hampr.

Voted, That the Honble Matthew Thornton Esq1- & Capt Josiah Moulton receive out of the Treasury Six pounds, to be by them accounted for, and that the President of the Council give order on the Treasurer for payment thereof.

Sent up by Capt Moulton.

Voted, That the Draft of a Commission for Capt Daniel Jackson as Master and Commander of the Privateer Enter- prise, bro't by Mr Clagett into this house, by order of Coun- cill, is acceptable to the house, and that the same be Sealed up in a Letter & Sent to the Committee of Safety of Ports- mouth who are to take bond of said Jackson for his faithfull Discharge of his Trust, in case the Same measure is adopted by the General Court of the Massachusetts Bay, the bond to be for one thousand Pounds.

Sent up by Mr. Emerson.

Adjourned to half past 2 o'clock P. M.

56 COLONY OF NEW-HAMPSHIRE. [1776.

Met according' to adjournment.

Voted That in case the Regiment now raising for the Con- tinental Army be raised at the lines or elsewhere, or Nearly filled up under the officers appointed by Genl Sullivan, that the same officers Stand according to his appointment. Otherwise that the Committee of this house Nominate Six persons as candidates, Three of which to be Field officers of said Regiment viz Coll William Stark, Major Thomas Tash & Major David Copp, Coll Jonathan Burnam, Col Henry Gerrish and Capt Hercules Mooney. Sent up by Capt Moulton.

[p. 30.] Voted, That the Sum of Eleven hundred Twenty Eight Pounds & fifteen Shillings in paper bills on Interest, Received out of the Treasury by the Committee of both Houses be Forthwith burnt to Ashes in Presence of Both Houses, And that the said Committee be & hereby are Dis- charged in full from the rcceit thereof. Sent up by Mr. Cutts.

Voted That the Ballance of the account of Amos East- man for guns, amounting to Thirty two pounds Sixteen Shil- lings be allowed & paid out of the Treasury, and That the President of the Council give order on the Treasurer for payment thereof. Sent up by Mr. Clough.

Voted, That Capt Richard Emms now a Prisoner of Hon1' at Portsmouth, receive out of the Treasury Fifteen pounds toward his subsistence, to be by him accounted for, and that the President of the Council give order on the Treasurer for payment thereof. Sent up by Capt Long.

The Vote of this house of Jan^ 15th 1776, relating to the pay of the members of the Honble Council and of this house, being Sent up to the Honble Board, and being sent down to this House (by Mr. Giles) Concurr'd with this amendment viz: "that the money drawn out of the Treasury by Each " Member of the House of Representatives for their attend- " ance Shall be added to the next Tax bill of the Constituents "of Each respective Member," which being read <fe Consid- ered: Voted that this House adhere to their former Vote. Sent up by John Dudley Esq.

Adjourned to 9, O'clock to-morrow morning.

Thursday Jan^ 25th 1776. Met according to adjournment. Voted That the ballance of the account of Mr. Moses

1776.] JOURNAL OP THE HOUSE. 57

Parsons amounting to five pounds Nineteen Shillings be allowed & paid out of the Treasury, and that the President of the Council give order on the Treasurer for payment thereof. Sent up by Col Morey.

Voted That John Dudley & James Betton Esq1': be a Com- mittee of this house to Confer with a Committee of the Honble Board Concerning Settling the Dispute between Col Hobart and Col Stark, & make report thereon to this house as soon as may be. (1) Sent up by James Betton Esq.

Voted, That Col David Gilman & Capt Prentice be added to the Committee of Safety for the Purpose of Fitting out

e Regiment under Coraman

Sent up by Col D. Gilman.

Voted that the Committee of Safety proceed to Fit out & Send off to Canada the Regiment under the Command of Col Beedle, the Sitting of the Genl Assembly Notwithstand- ing. Sent up by Col Gilman.

Voted that Col Walker, Mr. Gibson & Capt Bell be a Com- mittee of this House to conferr with a Committee of the Lion'11'' Council about an adjournment of the Council & House, and to make report as soon as may be. Sent up by Col Walker.

Voted to Send no answer to Col Hobart' s Message by Mr Gray.

[p. 31.] Voted That Samuel Cutts Esq Commissary, re- ceive out of the Treasury Five hundred Pounds to be by him accounted for, and that the President of the Council give order on the Treasurer for payment thereof. Sent up by Mr Cutts.

Voted, the Committee of Safety of New Market their ac- count for five rafts, amounting ta Thirty nine pounds six Shillings & three pence halfpenny be allowed & paid out of the Treasury, and that the President of the Council give order on the Treasurer for payment thereof. Sent up by Maf Tash.

Voted That John Dudley Esq Otis Baker Esq. Mr Jacob Abbot, Capt Prentice and Mr Emerson be a Committee to join with a Committee of the Honble Board to Nominate proper persons in the respective Countys in the Colony to administer an oath to the respective officers of each County in said Colony, and to Nominate a Committee in each County

(1) See subsequent " Correspondence."— Ed.

58 COLONY OP NEW-HAMPSHIRE. [1776.

to receive Bonds of the recorders of Deeds & Conveyances Registers of Probates & County Treasurers in the Respect- ive Counties in this Colony also to Nominate a Committee in each County to remove the records of Deeds and Convey- ances, and of Probate, to the places where they are to be kept in the Respective Counties. Sent up by Capt Prentice. Adjourned to 9, O'clock to-morrow morning.

Friday Jan^ 26th 1776.

Met according to adjournment.

Voted That Matthew Morley a Prisoner here, Receive out of the Treasury Twelve pounds towards his Subsistence, to be by him accounted for, and that the President of the Coun- cil give order on the Treasurer for payment thereof. Sent up by M1' Rollins.

Voted that John Dudley Esq1" Maj : Barker Capt Prentice, Capt Worthen, John McClarey Esq & James Betton Esq, be a Committee to join a Committee of the Honble Council about Setting the Wages of both Houses.

Voted That Capt Long Maj1- Downing & Deacon Knowles be a Committee of this House to join a Committee of the honble Council to consider of the Petitioning the Honble The Continental Congress with regard to the Settling one or more Battallions of Soldiers at Portsmouth or any other part of this Colony for the Defence thereof upon the Continental Charge & Establishment. Sent up by Capt Long.

Voted That Phillips White Esq & Noah Emery Esqr For the County of Rockingham, Col1 Baker & Ichabod Rollins Esq for the County of Strafford, Moses Nichols Esq and Matthew Patten Esq. for the County of Hillsborough ; Thom- as Sparhawk Esq and Benjamin Bellows Jun Esq1' for the County of Cheshire, Samuel Emerson Esq & Daniel Brainard Esq1' for the County of Grafton, Be and hereby are appointed Committees in Conjunction with a Committee from the Honble Board in the Respective Counties to Administer an oath of office to the Several Persons Chosen into office in the afore- said Counties ; also to take Bonds of the Respective Record- ers of Deeds & Conveyances, & County Treasurers in a Re- spectable Sum to Phillips White Esq1' Speaker of the House of Representatives, or the Speaker for the time being Faith- fully & Impartially to Execute their Office; also to remove [p. 32.] the Records of Deeds, and of the Probate offices, and those of the Secretary and Deliver them to the Persons

1776.] JOURNAL OF THE HOUSE. 59

Now Appointed to keep those offices. Also upon the Death or Incapacity of any of the aforesaid officers where records are kept, that they in their Respective Countys be Impow- ercd b> take such records, and Safely keep them untill the then next Sitting of the General Assembly. Sent up by Jn° Dudley Esqr.

Voted That Capt Prentice <fc Capt Hercules Mooney be a Committee of this house to join a Committee of the Honble Council to prepare a form of an oath or oaths to be taken by the Several officers of the respective Counties in this Colony.

Sent up by M1' Clough.

Voted that Col Walker & Capt Long be a Committee of this house to join a Committee of the Honble Council to Con- sult about the most convenient Method of obtaining Flour from abroad. Sent up by Col1 Walker.

Voted that Col1 Oilman & Col1 Evans be a Committee to Procure Seventy Axes, for the use of the Regiment Destined for Canada, on the best Terms they Can get them.

Sent up by Col Gilman.

Upon reading the Vote of the Honble Council, that the pay due to the several members of the General Assembly be drawn out of the Treasury at the end of this Session, accord- ing to the Votes of the House, And the Question whether the Same be replaced in the Treasury by the Constituents of each member, as well as the future wages, be put off untill the Second Wednesday of the Sitting of the General Assembly after the adjournment, Voted not to Concur. Sent up by Capt Harriman.

Voted That Noah Emery Esq be allowed & paid out of the Treasury Six Shillings per day for each days attendance, in the Late Congress and in the house of Representatives for his Service as Clerk of said houses, over and above his wages as member of the Same. Sent up by N. Emery Esq1". Voted that the Justices of the Peace through this Colony and of the several Counties within the Same, be hereby Directed to try no actions in Civil Cases untill further order of the Gen- eral Assembly That after the first day of April next the Several Courts of General Sessions of the Peace Sit in the respective Counties, at the Term heretofore appointed by Law and not before That the Justices of the Peace make use of the same forms in the Issuing their Processes in Criminal Cases, as has been Legal Formerly That the Several Courts of Sessions at their Meeting Take up & Determine all matters

60 COLONY OF NEW-HAMPSHIRE. [1776.

that lay Unfinished by the Last Court of General Sessions held in such County. That the Superior Court of Judica- ture &c, and the several Inferior Courts of Common [p. 33.] pleas in their Respective Countys he not opened till further orders of the General Assembly That the Justices of the Peace be Guided by the laws of this Colony in Determining Criminal matters, till otherways Determined by the General Assembly. That the Laws of this Colony Printed in the late Edition thereof, Originally made & passed by the Legislative authority of this Colony may at Present (untill a more Care- full revision and amendment of them) be a Guide to all Executive officers of this Colony and be Considered as Law Except An Act requiring Persons to take an Oath of Alle- giance, (in the first Page) All Clauses Respecting the Gov- ernor & Council Sitting or acting as a Court of Appeals, the Clause Allowing an appeal to the King in Case &c. The act for fixing Triennial Assemblies, an act Laying an Excise on Spirituous Liquors. Sent up by Mr. Emerson.

Resolved That there be Emitted Twenty Thousand & Eight Pounds Sixteen Shillings Lawful money upon the Credit of this Colony, for the use and Service thereof in bills of the Following Denominations viz.

3176 bills of Six Dollars 3176 bills of Five Dollars 3176 bills of Four Dollars 3176 bills of Three Dollars 3176 bills of Two Dollars 3176 bills of One Dollars

And that the Same Shall be redeemed by a Tax on the Polls

& Estate of the Inhabitants of this Colony in the following