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[7-142] [Petition of Three Men to be Restored to Office.]

State of NewTo his Excellency John Sullivan Esq' President of Hampshire the State of New Hampshire the petition of Ela Dow Jonathan Clough and Thomas Cotton Humbley Shews.

That whereas it was suggested that we said Dow Clough and Cotton were Guilty of Ading assisting and abiting the Insurgents at Exeter in Septem' 1786 in Consequence of which we said Dow Clough and Cotton with maney others were arested and a Court martial appointed for our Trial that at the meeting of the Honourabel Court ye 22d of Novem 1786 we attended in order to have gone to Trial but the Honble Court Adjourning prevented the trial at that time upon adjournment in Decem' 1786. I Ela Dow was Sick Thomas Cotton appeard before the Court to know when our trial was likely to come on when it was Conceived our trial would take place on friday we Clough and Cotton made preparations to attend on Thirsday afternoon but on Tuesday there Ĉame on a violent Snow Storm which made the passing Extreemly Dificult. However the Honourabel Court Martial in their that wisdom thought fit to Dismiss us from our Respective offices and when the proceedings of the Honble Court martial were Laid Before the Honourabel Legislature of Said State the Honbl Coll Calfe Sent to me Ela Dow informing me that he thought it by all means advisabel for me to attend the general Court but unfotunatly the young man my apprentice and Brother in Law then Lay Dead and the Day appointed for his funeral was the Day I should have attended the Honbl Legislature we Doubt not but that the Honbl Court martial acted according to the Strictest Rules of Justice and a Becoming Zeal for the Support of goverment and we aquiese in their Proceedings, yet we flatter our Selves that Even Your Excellency has a Simpthy with us in our present Situation and pray your Excellency to Restore us to our Respective offices again if it Can be Done Consistent with Honour and the good of goverment and as in Duty Bound Shall pray &c

Dated at Sandown December 21st 1789

Ela Dow
Jonathan Clough
Thomas Cotton

[8-1]

[Petition of Lemuel Sargent.]

To the Honorable the General Assembly of the State of New-Hampshire, now sitting at Exeter.

The Petition of Lemuel Sergeant, of Rockingham, in the State of

Vermont, otherwise in the County of Cumberland, in the State of New York Humbly Sheweth,

That your Petitioner, for a Number of Years last past, and during the unsettled and precarious Situation of the Polity and Jurisdiction of these States, did erect, at a great Expence, a House of Entertainment, and build a Boat for the Accommodation of Gentlemen travelling to and from these neighboring States, at a Place on Connecticut River, called Bellows's-Falls; the Convenience whereof, to the Public, is manifest, as the Boat receives and discharges Passengers immediately in the Road, without the intervening Obstacles of Gates, Bars, &c.

That the aforesaid Situation is the most direct Line of Communication between the interior Parts of the Western Grants, and the Eastern States; and, that since the Settlement of Peace, Boundaries, &c the Jurisdiction of the River is allowed to be in your Honorable Body; and your Petitioner, in his present Jurisdiction, has no legal chartered Right to ferry in the said River.

He therefore prays your Honors, that through your Wisdom, and Desire to promote the amicable Commerce and friendly Intercourse of the respective States, you will grant him such Liberties, Privileges, and Immunities, by Way of Charter, up and down said River, for the Distance of two Miles, as shall be a sufficient Warrant and Protection from any Damage or Prosecution which may be commenced against him for ferrying upon the Waters of the said River.

And your Petitioner, as in Duty bound, shall ever pray, &c Lemuel Sergeant

[8-3] Dissent

[Dissent of James Sheaffe and Others, 1790.]

1st Because we apprehend it to be more consonant to the dignity and wisdom of this house, & more consistent with our publick trust fairly to meet & decide a constitutional question, than to put it over to a period when the present house will not have it in their power to determine it & when many evil consequences resulting from unconstitutional proceedings that are now dreaded will have then taken place

2nd - Because we find ourselves called on by our duty rather than inclination at this present time to declare in the most unequivocal terms that we consider the two offices held by his excelly, namely that of Presid' of this State and district Judge of the federal court,

to be incompatible, inconsistent with, & subversive of our happy constitution which we wish to transmit from our hands pure, & unsullied to exculpate ourselves from being accessaries, to measures which might have been prevented, we think it our duty solemnly to protest against them, especially against the dangerous precedent of one person, holding the aforesaid offices, being at the same time a legislator in Newhampshire, & Judge of the federal Court under the authority of the United States, where as judge he may explain & interpret laws, which as legislator he assisted to make & as an executive officer was to carry into effect which mixed authority we conceive tends directly, to a consolidation of both governments-to blind powers that should be seperate, to create diffidence, & distrust in the minds of the people, when unanimity and confidence in the government are absolutely necessary —

Jany 1790

[8-4]

James Sheafe

John Hodgdon
W Page

Thos Crawford
Jeremiah Smith

[New Hampshire State Advertiser, 1790.]

To the Honble the Senate and House of Representatives of the State of Newhampshire, in General Court convened, this fourth Day of January A D 1790

Humbly Shews George Jerry Osborne of Portsmouth Printer, That he has exerted himself equally with any of his Cotemporaries to furnish useful Matter for Publishing a weekly Paper, which he flatters himself, has been as correct, and entertaining to Individuals, & respectable in the State, as any Publications of the kind; for the Truth of which he appeals to the Candour of this Honble Court, Notwithstanding which he finds himself, excluded by Law, from every Advantage to be derived from Printing Advertisments of a Public Nature, and the State in no wise benefited thereby; He therefore supplicates your Honours, that a State News Paper may be instituted, by your Patronage, under the Title of The New Hampshire State Advertiser, in which all the Advertisments of a public Nature may be inserted, and that your Petitioner, (while his Exertions meet the Approbation of the Public & your Honours) may have the Benefit of Printing said Paper, on the following Conditions

1st The Title to be the Property of the State, and the Paper to be printed by your Petitioner, at his own Expence and Risque, under the Direction of the general Court

2d The Paper to contain all the Acts & Resolves of the Court, as they may be from Time to Time passed, & the Ordinances of the feoderal States &c

3dly It shall be printed weekly in large Paper, and Good Types 4th The Advertisments to be inserted upon moderate Terms

5thy The Secretary & Treasurer of this State, & every incorporated Town, to be furnish'd with the said Paper, (to be deliver'd at the Printing Office) either weekly Quarterly or Yearly, as will best Suit their Convenience, at the Printer's expense.

Should your Petitioner be privileged with Printing a Paper upon the above Principles, his utmost Exertions will not be wanting to render it it a Sourse of intelligence Entertainment, both honorary to the State and beneficial to Individuals. It would be affrontive to the good Sense of this Honble Body to make any Proposals, which they must know could not be comply'd with, without Injuring Individuals, and oblige your Petitioner at some after Sessions of this Court, to apply for Relief & Assistance, - Your Petitioner further begs Leave to prepose for your Consideration, to print the Acts Resolves, Journals of the Assembly, Treasurers Blanks &c, at the following reduced Rates, (he finding Paper) viz. the Acts & Resolves @ /2a per Sheet, the Journals of the House & Senate @ /3a the Sheet, and the Treasurer's Blanks @ 6/ per hundred, and other Work in like Proportion; By which Reduction, it will evidently appear that there will be a great Saving, to the State, and an Object worthy your Attention, Your Petitioner humbly submits, his aforesaid Propositions to this Honorable Court and as in Duty bound will ever Pray

State of new Hamp

George Jerry Osborne

In the house of Representatives Jan 4th 1790 upon Reading and Considering the Petition & proposals of George Jere Osborne Voted that it be Refered to the Committee on the proposals of Henry Ranlet

Sent up for concurrence

Jacob Abbot-Speaker P T

J Pearson Secy

In Senate the same day read & concurred

[8-5]

[Report of Committee on Waste Lands.]

We the Subscribers A Committee for assertaining the Waste Lands in the State of New Hampshire have proceeded to Run the Line on the Easterly Side of Said State the Same Course that the

Line was formerly Run and Spotted between this State and the Massachusets we Begun to measure and Spot at the North East Corner of (Shelburn in this State) and measured on to the Waters of Umbagogue Lake which is Sixteen Mile and two hundred forty Rods, then across a branch of Said Lake 54 Rods then fourteen Rods on the Land to a River that is 6 Rods wide and Runs Westerly into Said Lake, then measured on the Land one mile 226 Rods to Said Lake, then a cross the water 40 Rods then over a neck of Land 16 Rods to an arm of Said Lake then a cross the water 235 Rods, then we Continued on our Course 195 Rods to Said Lake then a cross Said Lake about three and half miles then we measured and Spotted 2 miles 226 Rods to Margallaway River that Runs about South West and is about 10 Rods wide Empts into Amerscogin River a litle below Said Lake, then we measured on our Course one mile and 70 Rods and Crossed Said margallaway River again which will more fully appear by the Plan herewith exhibited we Continued on our Line measured and Spotted to the High Lands that Divide the water that fall into the River St Larance and the waters that fall into the Atlantick ocean from the North East Corner of Said Shelburn to Said High Lands is 54 Miles and we marked a tree at the end of Every mile except where miles end on water from one to 54 miles inclusive where we marked a Large Burch that Stands on Said High Lands thus N E. 54. M. NEW. HAMPSHIRE. 1789, for the North East Corner of New Hampshir and piled Stones Round Said tree, then from Said North East Corner where we marked the Burch we measured and Sptoted Southwesterly and westerly along on Said High Lands about Six mile then we Run about west measured and marked a tree at the end of every mile from Said Burch marked 54 mile at the North East Corner of Said State, from 1 to 17 mile and 200 Rods to the head of the Northwest Branch of Connecticut River and marked a fir tree N H. N W. 1789 for the North west Corner of New Hampshire, then down Said River or Northwest Branch to the main River about 15 mile where Said branch falls into the Main River about half a mile Below Latitude 45° North which will more fully appear by the Plan the Mountains Streams, and waters are laid down on the Plan very accurate where the Line we Run Crossed them but where they were at Sum distance from our Line we laid them down by Conjec

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