Thursday, August 25, A. D. 1737. The Honble Court of Comiss's sent another Recomendation in the words following, viz. Province of New Hampshire. At a Court of Comisss for the settling the Boundarys between the Province of New Hampshire & the Province of the Mass Bay in New England held at Hampton in the Province of Newhampshire on ye 24th day of August 1737. Whereas this Court on the 12th currt Recomended to the gen" Courts of the Province of the Massa Bay & New hampshire (then & now sitting) to agree upon some Plan which they should think proper to be laid before the said court of the Rivers Merrymack and Newitchwannock in order to expedite the Business thereof, and [P. 5081] whereas the gen" Court of Newhampshire have not sent to this Court any Resolve of theirs touching what was recomended to them as aforesaid, but it appeares to be acted on by one Branch of the gen" assembly only, Wherefore this Court do renew their Recomendation of this affaire to the sa Gen Court of the Province of New Hampshire to agree upon some Plan as aforesaid in conjunction with the Gen" Court of the Mass aforesaid, if it may be, and they are desiered speedily to report their concurrence or non-concurrence with what is already done by the gen' Court of the Mass touching the premises in writing. That so this Court may proceed on the affair which lay before them with all possible Dispatch, and the clerks are ordered forthwith to deliver coppys hereof to the Comittee of the Province of Newhampshire. A true coppy as appeares of Record, Exam pr Wm. Parker, Benja. Rolfe, (2) Clers In the House of Representatives. May it Please your Excell'y & the Hon'ble Board Inasmuch as his Majties Comiss's is at present stopt in their proceedings in the affair of the Lines (by your Excelly & his Majties Council) in not passing upon the Report of our Comittee & a vote of this House sent up the 20th currt and his Majties Comissrs having again recomended to our Gen" Court for a speedy Report of your concurrence or nonconcurrence upon the votes of this House in relation to the Plan or Draught of Merrymack River, &c. And it is therefore humbly moved by this House to your Excelly & the Honble his Majties Council, to pass upon said votes, that the ComissTM may have opportunity to proceed without any further delay in that affaire. August 25th 1737, voted to be sent up. (1) There is an error in paging-506 and 507 being wanting in the original. ED. (2) Benjamin Rolfe was a resident in Concord, then called Rumford, where he died December 20, 1771. He graduated at Harvard College in 1727, and for some time was the only civil magistrate in Concord. He married Sarah, daughter of Rev. Timothy Walker, of Concord, and she, after the death of Mr. Rolfe, became the wife of Benjamin Thompson, Esq., afterward the distinguished German Count, whose title was Count Rumford. Sarah, daughter of Count Rumford, died at the old family mansion in Concord, Dec. 2, 1852, aged 78. She made liberal bequests to several public Institutions, among which was $15,000 to the New-Hampshire Asylum for the Insane.-[See Bouton's Hist. of Concord, pp. 555, 572-573.] ED. [P. 599.] The above was Return'd with a verbal mess to strike out the words in the parenthesis which was done, and voted to be sent up againe. The same vote Return'd againe with a written Mess from his Excell, viz. Gentlemen of the House of Representatives, I am obliged to observe to you the great impropriety of a Mess Bro this day from your house saying his Majties Comissrs are at present stopt in their proceedings in the affair of the lines by your Excelly and his Majties Council, not passing upon the Report of our Comittee, &c. There is nothing laying before me relating to the affaire of the Boundarys, but if any thing lies before his Majties Council, when they have passed thro' it, then it may properly come to me. But if your Mess" has been made Ignorantly & inadvertently, you will take [care] for the future to act with that decency which becoms you to bis Majties Governour. August 25th 1737. J. BELCHER. In the House of Representatives. Whereas this House received a Report from our Comittee that went to Salisbury to agree upon Draughts to be presented the Court of Comissrs & past a vote on the same & also a vote of this House of the 20th Currt & sent the same with the Draughts for the Upper House to pass upon the same & on the 24th current, presenting the said Draughts & votes of this House thereon to the sd Court, But the Massa took Exceptions that 'twas acted by but one part of the Legislature, & therefore not good according to the Recomendation : The said Comiss's now recomend the same againe, that all parts of the Legislature may [P. 510] act if they please: Therefore in the House, Voted that the said Recomendation be herewith sent to the upper house & pray their acting on sa votes. A Messa by Mr. Dennet with a vote of Council, viz. Pursuant to the recomendation of the Honble Court of Comiss to agree upon a Plan of the river Merrymack to be laid before them, and now having before this Board a Plan of the River which runs from Winnipisiokee Pond to the Atlantick sea presented by the Great and Gen" Court of the Mass Bay, to the Gen Assembly of New hampshire to be agreed upon by the said Gen" Assm of New hampshire in order that be laid before the Honble Comiss's afore mentioned, Therefore voted, that the said Plan be accepted and it is hereby ordered that the same be forthwith laid before the said Honble Comiss" to give them an Idea of the beforementioned River runing from Winnipissiokee Pond aforesaid to the Atlantick ocean afore mentioned. Ordered to be sent down for concurrence. R. Waldron, See'. In the House of Representatives Read and non concurred, and Voted, That the House adheres to their votes of the 20th currt Relating to the Plans. Then the House adjourned to the 26th currt. Fryday August 26th A. D. 1737. Province of New hampshire In the House of Representatives: Pursuant to the Recomendation of the Honble Court of Comiss to agree upon a Plan with the Mass voted, That the annexed Plan be Presented to the said Honble Court of Comiss" to give them an Idea of the Course of the water from Winnipissiokee & Pimewasset (') to where [P. 511] it emptys itself into the Atlantick Ocean. Augt 26th 1737 Sent up for concurrence. James Jeffry, Cler. Ass". Eod Die. A Messa pr Mr. Secretary, That the last vote was concurr'd at the Board and assented to by His Excell and that his Excellency adjourned this Assembly to Wednesday next at 10 o' the clock. Wednesday August 31, 1737. The affaire of the Lines being in the Height of Argument for conclusion and several of the members obliged to attend that affaire, The House adjourn'd to the first of September 1737. Thursday September the 1st A. D. 1787. Mr. Boyce was sworn & Qualifyed as a member of the House for Londonderry. Chester Petition formerly Read was now Read againe : the Parties agreed to a hearing, and being heard and the House considered thereof, Voted That the Petition be Dismiss'd. Then the House adjourn'd to the 2d currt. () More commonly called Pemigewasset. ED. Fryday September the 2a A. D. 1737. Chester Papers sent up. A Mess from his Excellency pr Mr. Secretary viz. That his Excellency Prorogued the Gen1' Assembly to the 13th of October next; and then Mr. Secretary Declared the Assembly Prorogued accordingly. October the 13th A. D. 1837. The House met according to his Excellency's Prorogation. A Mess sent to his Excellencie to signifie there was a Quorum met. The return was, his Excelly said 'twas [P. 512] well, and Directed the House to proceed to Business. Voted, That Nathaniel Weare Esq. Mr. Jotham Odiorn & Mr. George Walton be a Comittee of this House, to joyne with such as the Honble the Council shall appoint, to Examine the accounts now laid before the Assembly, by the Comittee appointed by the Gen" Assembly in the affaire of the Lines, and to proceed thereon as soon as may be, and make their Return to the Gen" Assembly for approbation. Sent up for concurrence. The same vote return'd. Eodm Die, the same vote, and the accompt of charges the Comittee had been at on account of the Court of Comiss's was sent up with the vote. A Messa from the Board that the vote was concurr'd and that the Board had appointed Ephraim Dennet, Joseph Sherburn & Ellis Huske, Esqs. to Joyne the above Comittee for the Ends therein mentioned. Then the House adjourn'd to the 14th currt. Fryday, October the 14th A. D. 1737. A vote of Exceptions to the Judgmt of the Honble Comiss relating to the Boundary Lines was drawn up and Read, as follows, viz. Province of New hampshire, Oct the 14th 1737. To the Honble the Comiss's appointed by his Majtics Comiss" under the Great Seale, to settle the Boundary Lines between his Majties Province of New hampshire and the Province of the Mass Bay in New England: Forasmuch as his Excellency Prorogued the Gen" Assembly of this Province at their last sitting before they could know the Judgm1 of the Comiss Respecting the Boundary Lines of this his Majties Goverm1 & Province to the day before the said Court of Comiss by adjournm were to meet in order to receive [P. 513] the appeal of Either Province, that should think themselves agrieved, at which last meeting of the Comiss Either Party agrieved, was to give in yre appeal from which part of the Judgmt as they should think eronious & not afterwards, and this Province, being thereby stript of the Bennefit & advantage of appealing from such part of the Comiss" Judgmt as they should think unreasonable and Prejudicial, and that his Majesty might not think this House satisfied with all parts of the said Judgm Voted, That his Majties Province think themselves agrieved by said Judgmt in the following particulars, viz. On the Southern Boundary, in that the Judgmt says, Beginning at the Southerly side of the Black Rocks so called at Low Water mark, when those Rocks are about a mile from the mouth of the River Merrymack, and neare three Quarters of a mile north from where it Emtys itself into the Atlantick sea or ocean. 2dly From a Parallel Line with the River in case a crooked Line should be run (which by no means we are humbly of opinion ought to be admitted) For we object against the runing a Crooked line Paralell to the River it being founded upon the old Charter of the Corporation of the Mass Bay long since vacated. Yet in such a case it ought to begin three miles to the north of the mouth of the River Merrymack at Low water mark where it Emptys it self into the Atlantic sea or ocean, & in that manner to run no further than the River hath a Westerly course and not to run Paralel to the River where it runs north & south, at three miles distance from the River and far beyond where wee apprehend it was formerly called Merrymack and more Particularly because the Province of the Mass Bay [P. 514] now holds under the Charter of Wm & Mary which never intended a Crooked Line. 3dly As to the Northern Boundary we object against that part of the Judgm' that says "through the mouth of Piscataqua Harbor & up the middle of the River," Because we humbly conceive that Mr. Gorges Patent by which the Mass claim, doth not convey any Right to the River, for the whole of that River and the Jurisdiction thereof hath ever been in the possession of this Province, & never claimed by the Massachusets, and this Province in order to preserve & safe guard the same have alwayes had a Castle and maintain'd a garrison there. And the Comittee appointed by the Gen" Assembly of this Province to lay all papers and Evidences relateing to the affaire of the Lines before the Comissioners are hereby directed to p'sent this vote imediately to the Court of Comisss for settling the Lines & pray that the same may be entred at Large in their Minutes & made part of their Records. By order of the House of Representatives. Post Meridiem. James Jeffrey Cler Ass. The time to which the Council was adjourned to being past, A Mess was sent to know if the Council were sitting, The Return was, That there was no Council. This being the day the Appeal or Exceptions was to be filed and it Drawing neare sun setting, Another Mess was sent to know |