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Resolved, That the Petitioners abovementioned, and all others who have Vessels fitting out for the Whale Fishery, be, and they hereby are permitted to send their Vessels out on said Fishery, they taking on board no more Provisions than is necessary for said voyages, in the judgment of the Selectmen of the Towns from whence they sail, and giving bond to the Receiver-General of this Colony, in the sum of two thousand Pounds for each Vessel, that they will carry out no more Provisions than is hereby allowed; and that said Vessels, with their Cargoes, return to some Port in this Colony, and there land the same, the Ports of Boston and Nantucket excepted.

In Council, September 27, 1775: Read and concurred.

Joseph Palmer, Esq., brought down the Report of the Committee to whom was recommitted the Report relative to Catharine Cook and Nancy Sullivan, viz:

“In Council, September 27, 1775.

“The Committee of both Houses appointed upon the representation of a number of the inhabitants of the Town of Lexington, relating to Catharine Cook and Nancy Sullivan, taken up at Lexington, and brought to this Court, on suspicion of their travelling about the country upon some bad design, the Committee have made inquiry of the time and manner of their coming out of Boston, and have reason to think they came out of Boston within about three weeks past, and have husbands now in Boston, one a soldier in the Fifty-Ninth Regiment, the other a carpenter in General Gage’s Army; and your Committee are of opinion their staying in the country would be attended with trouble and expense, and that it will be expedient that application should be made to his Excellency General Washington, for their passing through his lines into Boston.

“BENJAMIN CHADBOURN, per order.”

Read and concurred, and Voted, That the honourable Board be desired to cause a Letter to be sent to General Washington, for the purpose aforesaid.

Resolved, That nine o’clock, to-morrow morning, be assigned for the choice of a Chaplain pro tempore.


Thursday, September 28, 1775.

On a motion made, that the House proceed to the choice of a Chaplain pro tempore, the question was put, and it passed in the negative.

A Petition of James Ready, praying for some satisfaction for ninety-seven pounds of Tea, which was taken from him in July or August, 1774, on his way to Albany, was read, and dismissed.

A Petition of Daniel Nimham, (an Indian, ) praying an allowance for his services as a soldier in the Army; also a Petition of Solomon Uhhaunnauwaunmut, chief Sachem of the Moheakonnuck, or Stockbridge Indians, praying an allowance for services performed in consequence of a Letter he received from the Provincial Congress, as set forth in said Petition, were both read, and committed to Mr. Sullivan, Mr. Wood, and Deacon Stickney.

The Committee on the Proceedings of the Committee of Inspection of Deer-Island, relative to the Schooner Nightingale and Sloop Sally, reported a state of facts, and also two Resolves, directing the Committee at Deer-Island to release and discharge the Schooner Nightingale, belonging to Jonathan Rich.

Read, and not accepted; and ordered to be recommitted.

The other was accepted, and is as follows, viz:

Resolved, That whereas the Committee of Safety and Correspondence of Deer-Island did, on the 30th of August last, take into custody the Sloop Sally, belonging to Nathan Jones; that the said Committee be, and they hereby are directed to detain and take proper care of said Sloop Sally, until the further order of this Court.

In Council, October 12, 1775: Read and concurred.

Major Hawley, by desire of Mr. Ephraim Jones, Keeper of the Jail at Concord, informed the House that Josiah Jones, Jonathan Hix, and William Likely, did last night break out of said Jail, and requested the directions of the House. Whereupon,

Ordered, That Colonel Mitchell, Colonel Grout, and Colonel Barrett, be a Committee to make inquiry of Mr. Jones, and report what is proper to be done.

A Petition of Ivory Hovey, in behalf of three Districts in the County of Lincoln, praying that this Court would appoint (or give said Districts liberty to choose) a Committee to be empowered to detain Vessels acting contrary to the Resolve of Congress, &c.

Read, and committed to Mr. Sullivan, Major Sewall, and Colonel Thompson.

The Committee on the Petitions from Edgartown and Chilmark reported. The Report was recommitted.

The Committee on the Petition of David Foster reported. The Report was recommitted for amendment.

The Committee on the Petition of Joseph Palmer, * Esq., and the Petition of the Selectmen and Committee of Correspondence of the Town of Braintree, † reported. Read and accepted.

Resolved, That the Committee of Correspondence of the Town of Braintree be, and they hereby are fully authorized and empowered immediately to enter upon and take possession of the Estate of the late John Borland, Esq., deceased, situate in Braintree, in the County of Suffolk, both real and personal, and that they improve the same in the best manner they can, till the further order of this Court, any Resolve of the late Congress to the contrary notwithstanding; they to be accountable to this Court for the profits arising from the same.


Afternoon.

On the Petition of the Committee in behalf of the Town of Edgartown, ‡ the Petition of Joseph Mayhew and others,

aforesaid gentlemen, most humbly prays this honourable Court to take into consideration the great necessity of the whale fishery at this day, and grant them liberty of proceeding on their voyage; they complying with the order of this honourable Court, which they are always ready to obey. Your petitioner would further represent, that, should this honourable Court neglect granting the desire aforesaid, a large number of the inhabitants of said County will be unemployed in any sort of business; and as a number of said vessels hath been preparing for the employ aforesaid, your petitioner humbly hopes the aforesaid petition will be granted. And, as in duty bound, shall ever pray.

* The petition of Joseph Palmer, of Braintree, humbly shews: That your petitioner, by order of the Selectmen and Committee of Correspondence of said Braintree, lately presented a petition to this honourable Court, respecting an estate of the late John Borland, Esq., praying directions in the premises therein mentioned; which petition is now pending, and reference is had thereunto by your petitioner.

And whereas there is a part of the house and premises of said estate, which said Borland usually reserved for the special use of himself and family, which is and long has been void of any occupant; and whereas your petitioner, living near the sea, has been obliged to quit his habitation, and has taken refuge with Mr. Crauch, at Braintree; but there not being with him sufficient accommodation for both families in the winter time, your petitioner, upon application, was put into possession of said vacant estate by delivery of the keys by said Selectmen and Committees of Correspondence; but upon your petitioner’s sending servants to clean the rooms, in order to put his furniture into the premises, your petitioner was forbidden by one James Hayward, who is in possession of another part of said house and estate, although he does not so much as pretend to any right of occupancy in said vacant part, nor any thing but a verbal agreement with said Borland, for the occupancy of any part of said estate. Your petitioner, therefore, humbly prays this honourable Court to take his case into consideration, and to put him into immediate, actual, and quiet possession of said vacant part of said estate, (he being accountable as your Honours may direct,) or otherwise to grant relief to your petitioner, as in your wisdom may seem meet. And your petitioner, as in duty bound, shall ever pray.

† Petition of the Selectmen and Committee of Correspondence from the Town of Braintree humbly sheweth: That, in consequence of two several resolves of the late Provincial Congress, dated the 16th and 21st of June past, respecting the property and estates of such persons who had left their habitations in the country, and taken refuge with our enemies, your petitioners made application to one Mr. Hayward, who resided on Mr. Borland’s estate, in Braintree, and inquired of him (the said Hayward) whose was the property of the stock upon the farm, and the household furniture, &c.; but not receiving satisfactory answers, your petitioners took an inventory of said stock and furniture, and were proceeding to let said farm, but, before this was effected, your petitioners were acquainted with an explanatory resolve of said Congress, respecting the premises, dated the 8th July past, which occasioned doubts in the minds of your petitioners, what was the duty expected from them by the publick; therefore, they, your petitioners, humbly pray this honourable Court to direct them in the premises, as in their wisdom may seem meet. And your petitioners, as in duty bound, shall ever pray.

‡ Petition of the Inhabitants of the Town of Edgartown humbly sheweth: That whereas your petitioners, thinking themselves in imminent danger of our reputed enemies, invaders of our rights and properties, without the interposition of your Honours, humbly beg leave to represent their case as briefly as may be.

Whereas your petitioners, being situated on an island, laying about three leagues distant from the main land which makes a sound, where ships of war and tenders are frequently passing and repassing; also, there being two commodious harbours lying about eight miles distant from each other, in which ships of war and tenders have of late frequently anchored, by which means the said inhabitants have been frequently

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