In Council January 17th 1733-4.

Voted a concurrence, with this amendmt, That in case the Debtors before mentioned do not pay the full sums justly due from them on demand (which the Treasurer shall be directed forthwith to make) That then the Treasurer shall immediately sue for the [P. 415] same, Provided nevertheless that this vote of concurrence with amendmt shall be no impediment to his Majtie to Review his Suit at the Supreme Court 'gainst Mr. Atkinson for Hues money in his the said Atkinson's hands.

Eodm Die. In the House Read and non concurr'd and voted that this House adhere to the former vote. Sent up. Mr. Secretary Bro't down a written Messa from his Excelly which he said he was ordered to read & leave which is as followeth, viz.

Gentlemen of the House of Representatives

You have now been Conven'd in Gen' Assembly the usual length of a Sessions, and altho' I laid before you at your first meeting the necessity of the repair of his Majtys Fort and the Goal together with the payment of your just Debts, yet you have not to this day made the least provision in these important articles; but in duty to the King I am still waiting on your further deliberations and wish they may be to your own honour & to the safety, peace & good order of the Governmit yet if yo are come to a resolution not to pay the debts of the Province but by Extending ye funds beyond ye year 1742, which for me to consent to would be a manifest violation of the King's royal orders, I say, if you are so resolved I shall expect your direct & final answer, that the good people of this province may know who are accountable for any mischievous consequences from a neglect of so high a nature, and which I shall faithfully represent to his Majesty. J. BELCHER.

Jany 18th, 1733-4.

After reading the above, Mr. Secretary said he had another Messa from his Excell, viz. That since there was severall members wanting, and business of the greatest moment to act, That his Excelly ordered the Assembly to be adjourn'd to Monday the 21st currt and then declared the Assembly adjourn'd accordingly.

[P. 416.] Monday January the 21st A. D. 1733–4.

Mr. Secretary Bro't down a vote of this House of the 10th currt for appointing Mr. John Thomlinson Agent for this Province with a vote of Council thereon of the 16th currt

In Council January the 16th 1733-4.

The vote on the other side being read but Mr. Rindge's proceedings not having been laid before the Board neither a coppy of his Petition to his Majtie The Council are not capable of making any Judgm' thereon, who must judge for themselves, however satisfied the House may be in the affaire; & whereas the Council have no personal acquaintance with the gentleman proposed for an agent, neither knowing of his abilities (however capable and worthy he may be.) and moreover for as much as there is an average yet due to the two former agents and no supply yet made either to pay the old or a new one, and besides notwithstanding the great assurances & raised expectations of many touching the settlem of the line the Council cannot be of opinion that the present scheam can possibly succeed, and therefore are necessitated to non concur the vote which they do hereby accordingly,― pass unanimously & ordered to be sent down.

In the House a memorial was drawn up & read and voted to be drawn up Plaine to be sent home from the House. Then the House adjourn'd to the 22a currt.

Tuesday Jan. 22d A. D. 1733-4.

Voted, That Theodore Atkinson, James Clarkson & John Rindge, Esqs. be a Comittee to answer his Excellys Mess" of Jan. 18th currt & Bring the same at 3 o'clock.

Post Meridiem

Whereas this House did vote an Address to his Majtie therein setting forth the difficulties this Province Labours under for want [P. 417] of his Majties Royal Licence to Emit a further sum of Papper Currency, Therefore voted That the Honble the Lords Comissrs of Trade & Plantations be address'd from this House to use their Interest with his Majesty in behalfe of this Province in order to obtain the said Licence and that Mr. Speaker Theo. Atkinson & John Rindge Esqs. be a Comittee of this House to draw up such Address in the recess of the Assembly and transmitt the same to their Lordships.

Voted nemine contradicente.

The Comittee for answering his Excelly Mess of the 18th currt Brot in their draught which was read in the House as follows, viz.

May it Please your Excellencie,

Your Excelly Mess to the House of Jany 18th currt has bad its due weight & consideration and this House begs leave to Inform your Excelly that they have by their vote of the 16th currt directed to the calling into the Treasury all the money due to the Goverm and appropriated the same to the paymt of the soldiers & Repairing the Goal & paying other Debts due from the Province, but the Council past such a vote thereon as intirely defeated the end proposed by the House in said vote. And this House haveing voted to address his Majestie for Liberty to Emitt a further sum of Paper Money in order to repaire the Fort & other contingent charges of the Govermt, and inasmuch as we may Reasonably Expect his Majties Royall Pleasure thereon sometime in the Spring, & your Excelly having inform'd the House that you cannot postpone the paymt of any money already Emitted nor Emitt any further sum but which must be repaid in some of the years between this and the years 1742, which years are already sadled with as much as the People can pay, which are the only ways this House can at present propose for [P. 418] rebuilding the Fort, &c. Therefore this House thinks themselves in faithfulness to the People whom they Represent bound to suspend the consideration of that affaire till next Spring sessions of the Gen1 Assembly.

In the House voted, accepted and to be sent up.

A vote Bro't down from the Board & read as follows, viz: In Council Jan. 22a 1733-4.

Whereas it has been suggested to the Board that the House have misrepresented the Council's vote of Amendm' of the 17th present on the vote of the House the day preceding touching Hughs and Amblers money, This is therefore to assure the Representatives that the Council never intended that the money above mentioned should be paid but once and to convince them of the truth thereof do now vote, That Mr. Atkinson do forthwith pay Hugh & Amblers money in his hands into the Treasury to pay the Debts allowed by the Gen Ass and in case of refusal or non paym* that he be prosecuted for the same at the next Infer. Court by the Treasurer or by Review at the next Superior Court in August which the House shall think best. Mem°. This vote of Council to be no impedim' to a Review in case the House nonconcurr it.

Eodm die. In the House, &c. read and concurred, with this amendmt (or plainer Expression) That the above said money be forthwith paid into the Treasury & that 200£ of it be for paym1 of the soldiers at Fort William & Mary, & £82: 18: 1, for the Repaire of the Prison according to the vote of the House of the 16th currt and that if not paid ac

cordingly, That the action be reviewed at August Court.

Sent up.

Then the House adjourn'd to the 23a currt.

Communication of Gov. Belcher to the Council Jan'y 22d 1734.

[Copied from the original in Secretary's office.]

Gent'n of his Maj'tys Council

You may recollect that some time in Dec 1732, Capt. King arrived at Boston from London and bro't his Majtys Royal mandamus for admitting Josh Pierce, Esq., Mr. Benning Wentworth and Mr. Theodore Atkinson to be of his Majestys Council for New Hampshire, which mandamus's were directed to me as his Majestys Governour of this Province, and the Gentlemen above mention'd in violation of their duty withholding them from me, I ordered Mr. Secretary Waldron to notify the detention of them in the publick prints, after which Mr. Peirce wrote me a dutifull letter pleading ignorance in the affair, upon which I directed his being sworn; but so far were Messrs Wentworth & Atkinson from a sense of their duty that they. went on with their rudeness and ill manners in detaining his Majtys commands to me for a fortnight after my being in the Province last year when they bro't them desiring to be sworn, but after such an insolent behaviour I could not think it for his Majesty's honour to admit them at that time, and represented to his Majesty's ministers what had pass'd in this affair; and notwithstanding what has been suggested by one of these Gentlemen of my receiving fresh orders to admit him, I take this opportunity of declaring that to be a great mistake, for that I have not to this day recd any fresh order in this matter, & yet you are sensible, Gentlemen, that I sent for Mr. Wentworth and Mr. Atkinson the 1st of this month before they had taken their oath in the House of represents and told them that I was ready to admit them to be of his Majestys Council & had ordered the Secretary to administer the oaths to them, which they finally refused to take (for the reasons enterd on the Council Book) 1 therefore desire your advice and opinion on what has passed in this matter, and what may most conduce to the King's Honour as to my future proceeding in it January 22, 1733-4.

J. BELCHER.

Pro. N. Hamp❜. At a Council Jany 22d 1733-4 (being Tuesday) at the house of Mr. Gambling in Portsmo.

Present, his Excelly the Gov

Shada Walton

Benj. Gambling

Jotham Odiorne Esqs

Josha Peirce

Esqs

R. Waldron

Jos. Sherburne

Ellis Huske

In answer to his Excellys representation relating to ye conduct of Messrs Wentworth and Atkinson touching their admission to the Council Board, & his demanding of our opinion, and advice thereon, We say it is our opinion that their behaviour on that occasion was in the beginning very indecent, and at least highly contemptuous of his Maj

esty and his royal orders, and do therefore humbly advise that their behaviour & refusal may be laid before his Majesty in order to his Majesty giving such direction thereon as may best consist with his honour & wisdome.

Pass'd unanimously.

R. W. Sec.

Wednesday January 23a A. D. 1733-4.

Voted, That the Borrowers of the £15,000 that hath not paid in their Respective Sums according to the acts and [P.419] votes made thereon do forthwith pay into the Treasury for one year at 6 pr ct. to the first Monday in March 1734-5, and that such Interest be for the paymt of the Publick Debts of the Province as shall be ordered by the Gen1 Assembly and all such as do not comply with this vote & do not bring in the Interest for one yeare by the first Monday in March next Extents shall forthwith be Issued against their lands, and all such as do comply with this vote Extents shall be stayed for one year. Sent up.

Post Meridiem.

Mr. Secretary came with a Messa that his Excell Required the attendance of the House in the Council chamber. Mr. Speaker and the House went up accordingly. His Excelly made a Speech. Mr. Speaker pray'd a Coppy and had it, which is in the words following, viz.

Gen't of the House of Representatives.

I shall be heartily glad that the fears of war (by the advice from Europe & other parts) may finally vanish and that a Lasting Peace may be Established by ye mediation of our most Gracious Sovereign. But should it happen otherwise you must witness for me that I was desireous to have Rouz'd you to make the best preparation for the safety of his Majtics good Subjects of this Province. To say you are not able to Repaire the only Fort in the Province or to make the Goal secure is trifling with things of the Greatest Importance, and againe to refuse paymt of your Debts is a great dishon' to his Majties Goverm1, a manifest violation of the publick faith & an act of high Injustice to all those to whom you are indebted. I must, Gentlemen, correct yo in a gross mistake when you call yo' selves the same House of representatives that sat here in the year 1730; whereas yo had not a being 30 days agoe tho' many of you were members of the House then that are so at this time [P. 420] which makes it the more surprising to me that yo should be guilty of so gross a misrepresentation (not to cal it a name it more justly deserves) as to presume to say that there was an expectation of the same fate of both the two Acts then projected, one for removing the Courts, the other for Emitting £6000, because at the opening of that sessions I laid before the House his Majestys royal