15 witnesses attend: at this Court & before Grand Jury Kings Attorney attending 4 days Petit Jury 0: 14: 6 Taxing I: 0 £12: 14:0 Exam B Gambling Clerk Allowd Twelve Pounds Fourteen shillings H Sherburne A True Copy Examd B Gambling Clerk [Penelope Kenney was executed at Portsmouth December 27, 1739, for the murder of an infant. — ED.] [3-98] [Action of the Legislature on the Foregoing.] ffeb 12th 1741: In the House of Representatives voted there be allowed and pd the Sum of £65. 3. 3 for this Mem° James Jeffry Cler assm In Counc1 feb 18 1741/2 Read and Concurr'd R Waldron Sec Feb 18: 1741. assented to B Wentworth In the House of Representatives march 20th 1741, upon Reconsidering the vote of the 12th Currt Voted That the Sum of Twelve pounds twelve Shillings be Alowd and Paid in addition To the Sum of £65. 3. 3 before Voted which is In full of the within memorial and that the whole Sum be Paid out of the Tresurry To Mr Benja Gambling Clark of the Sup' Court and that he pay the Same to the Severall Persons to whom It Respectively becomes Due: James Jeffry Cle' ass In Council March 20th 1741 the within vote of this Day Read & Concurrd Theod Atkinson Secry march 22d Assented to B. Wentworth [3-99] [Bill for Repairs on Fort William and Mary.] Province of New Hampshire to Edwd Toogood for work Done on Fort Wm & Mary is 1722 Dr July ye 3d to one Day & half my man Carrying Down Lime -,, 7, 6 to I Day my self getting of gundelo & telling to 6 Days my self & 5 days John Augst 3d to 3 Days my self & 3 days John Grifeth to I Day my self at Newichawanick to 1 Day my man at oyster river ffeb the 12th 1741: In the House of Representatives: allowed to be pd only £2,, 10 in full of the accompt James Jeffry Cler assm In Coun1 Feb 18 1741/2 Read and Concurred R Waldron Secry Feb 18: 1741 Assented to B Wentworth [Letter from Governor Wentworth to Board of Trade, March 6, My Lords 1741-42.] [Copied from the English Archives.] I have by this conveyance, Viaa Bristoll, transmitted to your Lordships, Mr Mitchells Survey of the river Merrimack to Pautucket falls, which he has taken with the greatest Accuracy, and tho' it was impracticable to mark out a line, that in every part thereof would be exactly three miles north of said river, Yet he has so punctually complyd with His Majesty's determination in Council, that there remains the same quantity of Acres to the Massachusetts, as tho' it had been possible to have drawn a line three miles North of said river, and the Advantage is, on the side of the Massachusetts, rather than in favour of New Hampshire. I must begg leave to inform your Lordships that Mr Mitchill is appointed by His Majesty Surveyor of the King's Lands in Nova Scotia, and for that reason, and his Superior Skill in Surveying, he was thought the most proper person to imploy in that part of His Majesty's determination, in which there was the only difficulty which I hope will give weight to his Survey in some certain bends of the river, he has been under a Necessity to come Nearer than three miles, and in other Suddain turns the Reaches described in his plan, extend Near three Miles & a half North of the river, so that there is ample allowances made from the Mouth of the river to the Pautucket falls, to the Massachusetts, to avoid any further dispute with them. Your Lordships will please to observe that in the course of the whole line from the Sea to Pautucket falls, there are only two houses, & two barns intersected, which can by no means incommode the inhabitants, as has been represented, more than three parts of the inhabitants from the Sea to Pautucket Falls since my Arrival have petition'd to be incorporated, into Towns & Parishes, inclineing rather to be under the King's Government, than under the Charter Governm1 tho' before, being influenced by some persons claiming large tracts of Land in New Hampshire, they had petitioned to be under the Jurisdiction of the Massachusetts. These particular proprietors, My Lords, were the only Abettors, of the pettitions preferd to His Majesty by the Agent Mr Hutchinson, whose Authority did not derive so much, from the general disposition of the Inhabitants, as from the particular Views of those persons, who have, without any Authority, but Superior power, possess'd themselves, by Virtue of grants from the Massachusetts, within five or Six years, of whole townships; in the King's Government of New Hampshire. There is, My Lords, in none of these grants, any reserve made of Pine trees fit for his Majestys use, which as they fall in New Hampshire must effectually vacate the grants, Since I have discover'd this fact I have, as far as my power extends, given the Necessary orders to the deputy Surveyors of His Majesty's woods, to appoint proper persons to take care that no waste be made in any of these townships, in which I hope for your Lordships Approbation. On the 12th of Dec' past I arrived in New Hampshire, & the same day I published His Majestys Commission with the Usual Solemnity & as soon as the time would Admit, I met the Generall Assembly which is now siting, after the business of this Session is over I shall pay a due obedience to His Majestys instructions by transmitting to your Lordships the whole transaction, & I shall in this, & in every other respect endeavour to Approve my Self a faithfull Servant to the Crown, & while I do, I shall hope for your Lordships favour & protection. I begg leave to Subscribe my Self My Lords Your Lordships Most faithfull humble Servant Portsmouth March 6th 1741-2 B. Wentworth The Right Honbl the Lords Commiss's for Trade & Plantations. [Enclosing Mr. George Mitchell's Survey of the Merrimack river.] [3-100] [Petition relative to Governor Vaughan, 1742.] To His Excellency Benning Wentworth Esq' Governor & Commander in Chief in & Över His Majesty's Province of New Hampshire the Honorable His Majesty's Council & House of Representatives for said Province in General Court Convened The Petition of William Vaughan of Damaris Cotty in the County of York in the Province of Massa Bay Gent, Sole Exec' of the last Will & Testament of George Vaughan late of Portsmo In the Province of New Hampshire Esq' Deceas'd Humbly Shews That the said George Vaughan was Lieut Governor and Commander in Chief from Octob' Anno 1715 to the same Month Anno 1716 (Omitting the days in the said Month at the beginning & end of the said Term) And afterwards Lieut Governor under Governor Shute about fifteen Months, during which time a just & Reasonable Claim Accrew'd to him for his attendance upon the Affairs of the Government & the service done by him in that Station for an Adequate Compensation That the Poverty of the Province & the Claims thereon in those times were Such that the then House of Representatives acknowledged they could not "Retaliate him according to the Willingness of their Minds" But made him a present only of One years income of the Excise in Consideration of Services done before his Claim. (Arising as aforesaid) and before his Command & charge of the Fort which was about Eighteen Months and in which he was at Expence himself for Servants Attendants & other Occasions but no allowance made to this day for the same which Your Petitioner humbly Conceives has not been the Case with Respect to any other Gentleman in such a Station or that has held those Posts in the Province even from the beginning of times That the said George Vaughan having Occasion of money had (with others) money out of the Treasury upon Loan giving his Bond for Security which running upon Interest & not yet paid amounts to a considerable Sum & which when taken out of the Estate of the said Deceased will greatly prejudice his Heirs That your Petitioner being a Minor in the times before Mentioned & long after even till the Decease of his said Testator can give no Relation of facts Respecting the Renewing the Said Claim or Shew any Reason why it was not Satisfied in the Season of it or Since (Unless his sd Testator tho't Discount was good pay) But however that may be, as delay is no payment he humbly hopes it will not be be deem'd too Stale a Claim to be demanded Especially Considering that is not tho't to be the Case with Respect to the Debt demanded from the Estate of the said Testator which is near about the same Standing - and there is no Difference in an Equitable Consideration, or with Regard to Strict Justice, that there was Security in the one Case whereby Compulsory methods might be pursued, and the other Depended only upon honour as to the performance thereof-and therefore persuades himself from the Justice of this Honorable Court that as they have tho't proper to Condescend upon Measures to Recover the Debt due to the Government from said Estate they will also consider the Grounds & Justice of the aforesaid Claim & make Such an allowance for the Same as is Right & Equitable - And Accordingly most Humbly prays the same may be done or that He may be Relieved in Such way and manner as this Honble Court in their Wisdom & Goodness Shall think meet & your Petitioner as in duty bound shall ever pray &c W: Vaughan |