side, and then to conclude and finally determine the difference according to the said instructions, and as fully and amply to all intents and purposes as this Govermt can give them power to act. And whereas the Honourable Adolph Phillips of New York, Esq' was nominated & proposed to be chosen on the part of this Province for this affair at the last sessions of the General Assembly; since which, he having been Elected by the General Assembly of the Massachusetts Bay on their part, & being a gentleman of so universal a good character, and so agreeable to his Majesty's Instruction and the desires of this Goverm*, and whereas the Goverment of the Massachusetts Bay have also chosen the Honourable Joseph Talcut, Esqr. Governor of Connecticut, on their part; and the Honourable Joseph Jencks, Esq. Governor of Rhode Island, being thought a most suitable person to be a Commissioner on the part of New Hampshire: Be it therefore Enacted by His Excellency the Governor, Council and Representatives convened in General Assembly and by the Authority of the same, that the aforesaid Honourable Adolph Phillips, Esq. chosen and appointed conjunctly by the two Goverments, and the Honourable Joseph Jencks, Esq. chosen and appointed on the part of this Goverment, and the Honourable Joseph Talcut, Esq. chosen and appointed by the Goverment of the Massachusetts Bay, be Commissioners, and by virtue of these presents are hereby invested with all the powers and authoritys that this Goverment can give them, to repair to the places where the aforesaid controversy arises, and fully to hear each side, and then finally to fix and settle the said boundarys between the said Provinces according to his Majesty's aforesaid Instruction that is to say, the Boundary between the Province of New Hampshire and the late Province of Maine, as well as the other Boundary between New Hampshire and the Massachusetts Bay. And be it further Enacted by the authority aforesaid, that George Jaffrey, Esq. Rich Waldron, Esq. Benjamin Gambling, Esq. Theodre Atkinson Esq. Capt. James Jeffrey, be a Committee in behalf of this Province, to joyn with so many to be chosen in behalf of the Province of the Massachusetts Bay, to make a joynt application to the Honble Adolph Phillips, Esq. afores to undertake the said affair, and likewise to make a seperate application to the Honble Joseph Jenks, Esq. on the part of this Province; and if it should so happen, that the Honble Adolph Phillips, Esq. or the Honble Joseph Jenks, Esq. should not be prevail'd with to undertake the affair, or should be prevented by any unforeseen accident, that then the afores Committee with the Committee to be chosen by the Massachusetts, appoint another person in the room of the said Mr. Phillips, and that the said Committee of this Province (seperately) chuse a person in the room of Gov Jenks, in case they or either of them should not undertake the affair: And in case Gov Talcut should not undertake for the Province of the Massachussetts Bay, that then the Committee of that Province shall make choice of another person in his room, and that the Person or Persons which shall be chosen by the Committee conjunct or seperate shall have the same full power and authority to all intents and purposes as the Commissioners who are herein nominated and appointed: Provided always, that the Gen1 Assembly of the Mass Bay agree to the choice aforesaid, in the manner aforesaid, and to the Settlement of the Eastern as well as the Western boundary of the said Province of New Hampshire as aforesd, and that the said Commissioners be desired to proceed upon the business as soon as they conveniently can, so that if possible, the affair may be finally determined by the twenty-fourth day of June next, and that the charge be born by the two Provinces. Dec. 3d 1730. Read three times in the House of Represent. And pass'd to be enacted. Andrew Wiggin, Speaker. Eod die. Read three times at the Council Board and voted a conRich Waldron, Secretary. currence. I assent to the enacting this Bill Death of Richard Waldron. J. BELCHER. [From Adams' Ann. Portsmouth, pp. 156, 157.] November 30, 1730. The honourable Richard Waldron [Sen.] departed this life in the 80th year of his age. He was the son of Major Richard Waldron of Dover, and was bred a merchant under Lieutenant Governor Willoughby of Charlestown. After his return to this Province, he resided part of his time at Dover, and part at Portsmouth, and pursued the business of merchandise. He was early engaged in public life, and sustained many offices of honour and importance. His superior qualifications first introduced him to notice, and his desire of being useful to society, induced him to accept the several appointments which were offered him. He was a Councillor, Justice of the Court of Common Pleas, Judge of Probate, a Justice of the Peace, and Colonel of the Militia for many years together. He discharged the duties of these several offices with great ability and undeviating rectitude. Amidst these worldly honours and riches he did not neglect the more important concerns of religion. He was circumspect in his Christian conduct, and endeavored to walk agreeable to the precepts of the Gospel. He was buried without military honours, because he had frequently expressed his dislike to pomp and parade at funerals. [See also Vol. VIII, Coll. N. H. Hist. Soc., pp. 348-352.] Hon. John Wentworth, late Lt Governor, deceased, Dec. 12, 1730, aged 59 years. He was son of Samuel Wentworth, and was born at Portsmouth June 16, 1672. His inclinations led him to a seafaring life, and he soon obtained the command of a ship. In this situation he was very exemplary in his conduct, and constantly maintained the worship of God in his ship, by morning and evening prayer. By a careful attention to his business, he acquired a handsome fortune. His engaging manners procured him the affection and esteem of all who knew him. His public spirit induced him to take an interest in whatever would benefit his native place. He was appointed one of the Council in 1712, and Lieutenant Governor in 1717,-his Commission being signed by J. ADDISON, Author of the "Spectator." After the administration of the Government devolved on him, his unwearied endeavors were to promote the welfare of the Province. In the discharge of his official duties, he gained the approbation of the inhabitants, and the affairs of the Province flourished under his mild administration. He was constant in his attendance on public worship, regular in his family devotions and in the observance of all the ordinances of the Christian religion. He had 16 children: of whom fourteen survived him. [See Ad. Ann. Portsmouth, pp. 157-8. Farm. Belk., p. 226. ED.] [P. 335.] Anno Regni Regis Georgii Secundi Magnæ Britanniæ, Franciæ et Heberniæ, &c Quarto. A Journal of the House of Representatives of his Majesties Province of New Hampshire in New England, began and held at Portsmouth in said Province the 34 day of February, Anno Dom, 1730-1. The Persons returned according to the Kings Writ to serve in General Assembly for the several Towns, are as followeth, viz. For Portsmouth Dover Joshua Pierce, Esq. Hampton Exeter Stretham New Castle Mr Ebenezer Stephens Kingstown Newington Mr George Walton Londonderry Mr. John McMurphee The Honble George Jaffrey, Esq, and Mr. Secretary came from the Board and acquainted the House that they were authorized by his Excellency to administer the oaths to the Members return'd p'suant to an act of Parliam which being done they withdrew. [P. 336.] A Messa pr Mr. Secretary directing the House to make choice of a Speaker. The house proceeded to the choice of a Speaker. Andrew Wiggin, Esq. was chosen Speaker. Three of the members were sent up to signifie the House had made choice of a Speaker and that Andrew Wiggin Esq was chosen Speaker. The Board waited till the House had made choice of their Clerk. Mr. James Jaffry was chosen Clerk and sworn accord Mr. Secretary came down and said that his Excellency ordered this Assembly to be adjourned to the last Monday [Wednesday?] in March next, and then declared the assembly adjourn'd accordingly. Wednesday March the 31st A. D. 1731. The house met according to adjournment. Mr. Secretary came down and said that his Excellency ordered this Assembly to be adjourned to the last Thursday in Aprill next, and then declared the assembly adjourned accordingly. Thursday April the 29th A. D. 1731. A Quorum of the House being met, A Messa was sent to signifie it to his Excellency. A Mess from his Excelly pr Mr. Secretary viz. That his Excelly required the attendance of Mr. Speaker & the House in the Council Chamber, Mr. Speaker & the House went up accordingly. His Excell made a speech. Mr. Speaker obtained a Coppy and then with the House returned. His Excellency's Speech was read as followeth, viz. [Copied from Governors' Messages, in Secretary's office, vol. I, p. 119, Compared with Journal of the House pp. 336-338.] Gentlemen of the Council and House of Representatives. [P. 337.] Your steady Loyalty and duty to the King is your great happiness and distinguishing honour. In this Light I have represented you to his Majesty, and I doubt not but you will constantly reap the advantage of it, in the injoyment of his Gracious Favour and Protection; and I have no reason to think but you are now met in General Assembly to do every thing in your power that may be for his Majesty's honour and service, & for the best good & welfare of your Countrey; and to these things you shall always have my hearty consent. I suggested so much to the last Assembly for advancing the Prosperity of the People that I have hardly anything more to say than to desire you to look back and peruse them; yet for your own safety and tranquillity I must remind you of revising your Laws, and adding to them, what may be further necessary at present. Your Militia more especially wants the assistance of the Legislature to make it serviceable to the Province, they being under God our only defence in case of a rupture with any of our Neighbors; & I am told the fines for the Neglect of appearance on days of muster are so low, that the Militia are in a manner dwindled to nothing. It is also absolutely Necessary that the public Papers and Records of the Province should be reduced to good order and method. I am now to acquaint you, Gent That the late Gen' Court of the Massachusetts Bay have past a Law much of the Nature of that past here the last fall, for settling the long disputed Bounds between this Province and that; & an authentick Copy of this Law shall be laid before you; and I shall not doubt your adding to yours what may still be Necessary for perfecting so good a work. Gentm of the House of Representatives, As it is more peculiarly your business & duty to make the Necessary supplies for the Honble support of this his Majesty's Government & for establishing the peace and well-being of his good subjects in this Province, I shall order the Publick accounts to be laid before you, That you may know the state of the Treasury, & do what may be Needful for defraying the growing charge of the currt year. [P. 338.] Gentm of the Council and House of Representatives, As it is a bussie season of the year, I hope you will carefully endeavour the best dispatch of what affairs may come under your consideration, by a good harmony and unanimity among yourselves—which will always give me the greatest pleasure and satisfaction. J. BELCHER. Mr. Secretary bro't down a Coppy of the act of the Mass refer'd to in his Excellys Speech. The same was read in the House. Then the House adjourn'd to the 30th currt. Fryday April the 30th A. D. 1731. Voted that Joshua Pierce and Nathaniel Weare Esqs. be a Comittee of this House to draw up objections why this House cannot come into the measures proposed in the act of the Massa relating to the Lines & make return to the House for approbation. Post Meridiem. The Comittee for drawing objections agt the act of the Mass about the Lines made the Report which was read in the House as follows, viz. 1. Objection, The Act of the Massa binds up the Comiss only to the Bounds mentioned in their Old Charter (which is vacated) Whereas our dispute is only on the Charter of King William & Queen Mary to the Mass Bay, which also tyes up the Comiss from heareing arguments that either part may offer. 2 Objection agt the said Act is, That the Comissrs shall have power to order equivalent Lands to be given and received by each Goverm1 in lieu of such Lands as either Govermt is in possession of, if it happen not to be within their lines. This is not in his Majties Instruction, nor any thing like it, nor in the power of the Assembly to take or give Equivalent Lands, the right of soile being in the Crown. 3 Objection is, That the Act of the Mass" is absolute that the Comisss finally settle the Boundary Lines without any Regard [P. 339] to the Reservation in his Majties Royal Instruction which 'tis humbly presumed this Province will not come into. |