Trading there with masts, yards, & Bowspits for your Majties Royal Navy and of the whole Trade and Navigation of this Collony as may more fully appeare by a Coppy of their Representation hereunto annexed" all which is humbly Submitted Whitehall ffeb 4th 1742/3 cess Copy Monson Mr Bladen R Plumer B Keene A Paragraph of Mr Agent Thomlinsons Letter The Loan Bill being contrary to the Govrs Instructions, the Lords cannot Lay it before his Majtie for his approbation, However they have Annexed the Representation of the Principle Merchants Trading to your Province to their Report and have prayed for a Coppy of it, in Order to delay the Consideration of it untill I can take the most adviseable Steps to have it properly considered by the Committee And I am not yet without hopes of SucI have also been at Some charge and a great deale of trouble at the Council office, and board of Ordinance upon your application for Stores, and his Majesties orders are that an Ingineere Should be Sent, if not one in the Country already, to Survey the Fort and Guns, and Send an account wt Gunns will be proper to Send over, as they Suppose the old Guns are not fitt to be trusted to, and also to Direct you in repairing the Fort. This Report I must pay the fees of and it had been Sent to Mr Basteed the Ingineere by this conveyance, but choose to keep it here, until your Money Bill is considered, to Shew what we are to do, and which we cannot do without his Majesty Shall approve of the Loan Bill, I Shall not leave one Stone unturn'd to get this Bill approv'd however I may Succeed [Endorsed] Lord of Trade's Report on Three Money Bills: passed in N. Hamps in Apr 1742- & a Paragraph in Mr Agent Thomlinson's Letter-4 Feb. 1742-3. [3-104] [Attorney-General Livermore's Opinion, 1743.] Sr In obedience to his Excellys Command I have considered the Querys and Table of Fees you Sent me, the Sixth Instant, and my Opinion upon them is as follows, Namely as to the first Query which is "Whether the Govorn's assent to an Act for Establishing a new “Table of Fees, Fines & Forfeitures will not Superseed alter or Re"peal Acts already in Force relating to the Fines & Forfeitures" My opinion is, That the Govorn's assenting to Such an act, will during the Continuance of Such act, Supersede all other acts in force (at the Time of passing Such Act) relating to Fees Fines & Forfeitures, but not Repeal them without Special words for that purpose As to the 2d which is, "Whether a Publick act can be Drawn upon "different matters without providing for the Same by different acts, "and without intermixing in one and the Same act things that have "no relation to Each other" My Opinion is, that a Publick act may be Drawn upon Different matters without providing for the Same by different acts but not without intermixing in one and the Same act Such different things as have no Relation to Each other As to the 3d, Which is, "Whether an act can be drawn to alter the "Fees already Established by Law and to fix a New Table (agreeable "to the Table of Fees Exhibited by the Committee to the Gen' Court) "Such act appearing to be new in it Self & not mentioning any "former act or acts, as will not Supersede or Repeal an act or acts at "the Same time in force relating to Fees" My opinion is, That Such an act cannot be drawn, but it will during its continuance Supersede an act or acts in force at the time of passing Such act, relating to Fees but not repeal the Same without Special words for that purpose Province of New hampshire December the 7th 1743 The above I humbly offer as my Opinion upon the foregoing Querys, and am his Excellys most obedient humble Serv To Theod Atkinson Esq' Secry for the Province of Newhamps Copia Examd Matthew Livermore Att Gen1 James Jeffry Cler assm [John Thomlinson to Theodore Atkinson.] Theodore Atkinson, Esq. London, 21 Jan 1737-8. Sir-I have now to answer your favours of the 9th & 14 of December pr Capt. Homans, and shall send you those goods you write for by one of the Spring Ships, but fears shall not be able to pay the draught you propose sending on me of Eighty, for at present hath not the least prospect of coming into any money for either Mr. Wentworths ship or his Cargoe, and suppose we could sell them I fear even then he hath drawn more than they will neat, several of his bills I have already sent back which I am surpria at his drawing, for his Capt. and his son could have told him how things were here — I am sorry for him. You nor any of my friends hath not been so kind as to take any notice to me what you have done in the affair of the lines, I really think that (at last) was Due to me, and without you are determined to drop the affair you ought by the very first opportunity to have sent me those materialls that the Assembly hath prepared: that we might have been first in ye affair, which is here a principle point, and the Extra Treatment you have met wth in the execution of his Majtys Commission would have turned out (if I am not much mistaken) very much to your advantage. I dont know what the Coll° is about or does he seam Resolved, and when I have put it to him If he would have the Govt of N. Hampshire, supposing we should obtain a division, he will not Resolve: what other views he may have I know not. I heartily wish him well, and I fear very much, he hath not a Right way of thinking or soliciting in his own affairs, and I am afraid not any thing like the Interest I expected he had. However you will not take notice of what I say on this head, least our enemies triumph, and it may still happen (if I have any materialls soon from you) that he may come out Gov for your Province. The Massa augmenting the number of their Agents dont at all Discourage me, altho' they are endeavouring to play you a sly trick I shall doe all I can to prevent it, Tho' they do not think I have the least notice of it. If when these come to hand, if you should have despatched papers so as to be here in all this month, And as perfect as you could let me have a list of such as you, Mr. Jeffreys Mr. Rindge &c, would have in the Council & in the Room of whome: While I was at Bath I heard that Gambling was dead, and wrote Coll. Dunbar how he should put John Rindge in his Roome: But not being done when I came to town I imediately got him recommended, and he will be approved of by his Majty the next Council; and I hope shall send his mandamus by one of the first ships for Boston: how agreeable it may be to him I know not, but I should think that in your present situation it were incumbent on you and your friends, to write me as soon as a vacancy happens in the Council, who you would have it filled up with. I hear my friend Richard Wibird hath a desire, if you should think him proper I will endeavour to get him Recommended to his Majty. Please to give my service to him and let him know so much. I have just now heard that Rhoad Island designs to change their agent, because the Massachusetts has appointed him one of theirs (and I think they will be in the right of it) so I should be glad that you would write to your friends at Rhode Island in my favour, I think I am situated to doe them as much service as any body, it might at least be a means of bringing me into some of the Business of that country: I shall allways be ready to acknowledge all obligations of that nature and am [The Belknap Papers are in the possession of the New Hampshire Historical Society. A portion of them were printed in Vols. IV. and V., and the remainder, which seem to be of equal value, will be inserted in this volume. — ED.] [Mr. Paris to Mr. Thomlinson, 1737.] [Belknap Papers, Vol. I., p. 65.] Sir Two nights agoe I received great heaps of papers from you about the lines & have since been 4 times at the Collo office & Board of Trade to discover what I could in this imperfect affair, But cannot see the case (which has come over to the Board of Trade) till after Tuesday next. Notwithstanding wch I have (as well as I can without proper materialls) drawn up a long pet" of Appeal to his Majty, and as the Massachusetts have not yet presented theirs I send you the Drat of it now to settle, and hope too shall have our Appeal (as well as the Pettition from the New Hampshire Assembly) in before the Massachusetts gets theirs in. Had your principalls considered the great consequence & advantage of being first, surely in all this time they would have sent you a copy of their proceedings, in order to have enabled us to be first, but as it is I am forced to g'ess at matters & affirm facts at adventure or upon dubious passages in letters which is a sad way of proceeding, & I wish we dont mistake some facts. They oblige us to make brick without straw. I beg of you to write them immediately: I am told the Com's adjourned their Čom" to 1 aug. 1738. If it be so I desire y' Principalls to get it adjourned from 3 months to 3 months. One Com' is sufficient for that purpose by the Commission, which can be no great expense, and one does not know what Turn the matter may take, it may be sent to the Comissioners again — and then unless they keep this Com" alive by continuall adjournmts they'l be put to the heavy charge of sueing out a new Commission again. I wonder they would not send me my papers wch I sent them the * 1677 & 1678 and the first Com" to a Gov' of New Hampshire & the Atts & Solis Genneralls opinion, &c. And above all things why did not they send a Coppy of their own Appeal, for want of it I have been forced to g'ess what that appeal was from loose passages in Mr. Atkinson's Letter. If we had treated this affair so on this Side it would never have came to what it is now. As to the pretended votes of Assembly, I never saw such irregular scrips of papers in my life, some signed some not signed, none attested to be votes of Assembly. This was in their power to have sent Regularly. But as they are now sent its impossible to have one of them read. There are numbers of mistakes in them allso. Some dated in the beginning in 1735, and at the end of the same paper in 1737. Begg them imediately to order an exact coppy to be made of all their votes (in genneral) from the 31 March 1737 down to the end of Oct 1737, & to be made fair at full length, with the title of each days votes to be copied out in one large Book, and to be copyed very fair by a good hand, and at the end lett them be attested by ye clerk of ye Assembly and if you can't have the great Seal to them let them be also attested by the Speaker of the Assembly, to be true coppys of all the votes of the Assembly of N. Hampshire from such a day to such a day contained in so many foregoing pages. It will be a sad thing if you cannot get the Seal to them, and if not, I dont know we shall be able to Read them here as Evidence. The next best Authority (if we want the Seal) that I can think of is, that some body coming hither should either Examine them with the Minute Books (so as to be able to swear here that they examined them themselves and that they were true Coppys, and that they saw the Speaker & the Clerk of the Assembly sign them) or else to take some passenger who is coming hither and let him see & attest to the swearing by the Speaker & Clerk before some Magistrate whom he knows has power to administer an oath, that the Speaker & Clerk did make oath to the Truth of those Copys. Had those votes come here Regularly and authentically his Excellency wo'd have been shaken quite down in a few weeks by them. You'l observe I have laid it on him pretty handsomely in my petition to the King. If your Friends are in earnest they ought not to loose one hour n sending over all those matters in the manner I have mentioned. [* One word I cannot make out. - ED.] |