[Secretary Atkinson Accountable for the Books of Charters.] [Belknap Papers, Vol. II., p. 307.] In Provincial Congress at Exeter the 7th July 1775 Whereas this Congress have resolved it as their Opinion that all the public Records of this Colony were at this time unsafe in the Town of Portsmouth & that the same should be removed to the Town of Exeter All which records have in consequence thereof been removed by a Committee appointed for that purpose as far as came to their knowledge except the Books of Charters of the several Townships in this Colony Therefore it is now resolved that the Honble Theodore Atkinson Esq Secretary of the Colony is accountable to the People for said Records and that he ought without delay to deliver the same to the Committee Extract from the Minutes Attest Noah Emery Dep' Secy St the Above is Copy of what I recd from Majr Weeks on of the Comittee that required the records &c the other Day I made the Same answer to him that I did to the Comtee the other Day Viz that I could make no Delivery if they took them they must be answerable Majr Weeks Seemed Sorrowful that he was appointed &ca— Monday July 10-1775 To his Excellency the Gov Mr McDonough — [Atkinson's Account to the Governor.] [Belknap Papers, Vol. II., p. 308.] Portsm° N Hamp July 7th 1775. Sr Your Excellency will give me Leave to acquaint you that on the 4th Inst I had a Visit as Secretary from a Comtee appointed by the Provincial Congress of this Colony held at Exeter when they Shew me their appointmt & requested the Dilivery of all the records & files in the Secrys office I told them it would be agst my Hon' & my Oath of office to be a Voluntier in such dilivery after an Hour's moderate Conversation & without any heat the Comtee left me & I was in hopes I should not have had any further Visit from them but on the 6 Inst they came again and urged the Dilivery I Stil refused as before & told Them They well knew it was not in my Power to defend the office by force of Arms if they took the records &ca or any of them they must be answerable they then Entred the office & took All the Files & Records belonging to ye Sectys office Except those books in which was recorded the Several Charter Grants of Land which were with your Excellency to take some Minutes from the Comtee offered me their rect agreable to their orders from the Congress but I refused being otherwise concerned than barely as a Spectator they then Cleared the office of All the Books & Papers & Transported them to Exeter & where they are (as I am Informed) remain til further order that I have Stated the facts as they Occurrd & I am May it Please Your Excellency Govt Wentworth [6-63] Your Excellency most obedient Humble Serv TA [Removal of Records from Office of Recorder of Deeds, 1775] Province of New Hampshire ( To his Excellency John Wentworth Esquire Governor of said Province The Honble the Council & House of Representatives Humbly Sheweth Joseph Peirce of Portsm° in the County of Rockingham & Recorder of Deeds for said County that on the 4th Day of July 1775 William Weeks Samuel Dudley Esquires & Samuel Brooks came to your Petitioner & informed him that they with others were a Committee appointed by the Congress for this Province then setting at Exeter to take into their Possession all the Publick Records in said Portsmouth & to remove them to Exeter — Your Petitioner objected to the removal & told the Committee he was appointed to his Office by the General Assembly of this Province & was answerable for the safekeeping of the Records committed to his Care, to which they answered that they were appointed to take the Records and were determined to do it — And in the Afternoon of the same Day Said William Weeks & Samuel Dudley came again to your Petitioner's Office, and the said Weeks went immediately to one of the Cases wherein were Part of the Books of Records & took hold of a Book to remove it, upon which your Petitioner asked him if he was still determined to move the Records, to which he replied they were Then your Petitioner told him the said Weeks that the Petitioner was appointed by the General Court & under Oath & large Bonds for the safe keeping of the Records, the said Weeks replied that many of the Representatives were of the Congress & knew it very well - The Petitioner then desired said Weeks to consider well what he was about, for it was expressly against the Petitioner's Consent Your Petitioner was then informed by said Weeks that if he attempted to hinder the Removal of the Records, they, meaning the Committee, would come the next Day with a sufficient Number of Men to remove them But notwithstanding the repeated Denial of your Petitioner and Remonstrance against the Removal of the Records, the said Weeks declared that the Comee were appointed by the Congress & would execute their Trust. and accordingly they said Weeks & Dudley with two other Men, who were waiting with a Cart at the Door, proceeded & took away all the Books of Records belonging to the Office of your Petitioner to Carry, as they said, to Exeter - And after on the 6th Day of the same Month the said William Weeks & Stephen Evans Esq's Mr Sam" Brooks & Mr Thomas Bartlett came to the Office of your Petitioner & against his Will & express Refusal took away all the Files & Papers of Record in his Possession, to carry as they said to Exeter In such a Situation your Petitioner conceives it his Duty to give the earliest Information of the above facts to your Excellency & Honours that you may pass such Order thereon as in your great Wisdom you shall judge proper, and prays that you would secure him from all Damages on Account of the Records being so removed, & from any Risk while the Records so remain out of his Possession And your Petitioner as in Duty bound will ever pray &c Portsm° 15th July 1775 Joseph Peirce [Atkinson to Governor Wentworth, 1775.] [Belknap Papers, Vol. II., p. 309.] Portsm° Monday July 17-1775 S On Saturday last at half after one o'Clock the House adjourned till Three in the afternoon the Council did The Same - near five the House again adjourned till 3 this afternoon when I understand by some of the Members they Propose to make a Quorum to receive your Excellencys further Directions - which was brot me by Mr Mc donough after the adjournm' & the Members Dispersed & of Course your Excellencys mesage not dilivered I Propose late this afternoon to deliver it if the Speaker should be in Town or they Should make a House If that Proceed' & should not meet your Excellencys approbation you' Please to Let me have your further Directions - I am may it Please your Excellency Your Excellencys most obedient Humble Servt Govern' Wentworth [Wentworth to Atkinson.] [Belknap Papers, Vol. II., p. 310.] Fort William and Mary July 21st 1775 Sir, Captain Barkley (at noon) gave me the inclosed paper, which I hope may effect a continuance of the boat fishery. You are sensible that I have not any powers to alter or direct in this matter, the execution of the Restraining Act, being committed to the Navy & Custom house. I am with due Regard & Respect Sir, your most obedient servant J' Wentworth [Captain Barkley's Conditions.] [Belknap Papers, Vol. II., p. 311.] Captain Barkley will suffer the open boats of the Town of Portsmouth & the Country to go a Fishing for fresh fish only first having a permit from him, for that purpose, provided the Town of Portsmouth will let His Majesty's Ship under his Command be supplied with Fresh Beef as usual; at the common market price & our boats to pass & repass without Molestation Scarborough July 21st 1775. [Atkinson to Wentworth.] [Belknap Papers, Vol. II., p. 312.] Portsmo N H August 11th 1775 S Immediatly after I recieved your Excellencys Letter of Yesterdays Date (which was about 10 oClock this Morns) relative to the Inhabitants of this Town fireing on Capt Barkley's Boat I sumoned the Council to meet at 12 but did not make a Quorum til this afternoon when the Council was Truely Informed that a Town Meeting was Immedately Notifyed & a very full Meeting of the Inhabitants appeared & regularly & Deliberately Passd a Vote with a large & uncommon Majority in which they disapproved the Transaction &c2 your Excellency herewith hath the Vote of the Meeting attested and alsoe the Minute of Council Your Excellency will Please to bare in mind the Phrase of Currat Lex has been Some Time past interrupted the Kings attorny gave it as his oppintion that y' Present Situation was too uncertain & unsteady to enter any Actions in the Common Course of Law & which advise was then approved - and I see no reason why the Same Cause should not Produce the Same Effect now as then. [Wentworth to Atkinson.] [Belknap Papers, Vol. II., p. 313.] Fort William & Mary 17th August 1775. Sir, I desire that you will summon the Council to meet here this Afternoon at 4 o'Clock, if possible, if not at Nine O'Clock tomorrow Morning without Fail, having Occasion to lay some Matters concerning His Majesty's Service before them for their Consideration & Advice Please to send Me an Answer as soon as may be. I am Sir, Your most obedient Humble servant The Honorable Theodore Atkinson Esq J' Wentworth [Answer to the Foregoing.] [Belknap Papers, Vol. II., p. 314] Portsmo August 17-1775 half after 4 oClock P-M SI this Inst' recivd your Excellencys Comand, of this Day but too late to Summon the Council to attend yr Exy at Fort Wm & Mary but Shall endevour to do it so as to attend on yr Excellency on the Morrow as you order I am Your Excellencys 43 most obedient Humble Servt ΤΑ |