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such Books, Records, Papers, and Files; and upon non-compliance, to commit such recusant or recusants to his County Jail, there to remain until further order of the General Assembly. A copy of the Vote of the said Assembly, attested, to be full evidence of the appointment of such new officer or officers.
The Committee appointed to lay Captain Eliphalet Ladd under proper restrictions, &c., made the following Report, viz:
Provided this honourable Court think it advisable to give Captain Ladd permission to prosecute a voyage to the West-Indies, in a private capacity, we are of opinion that it is absolutely necessary he should be laid under the following restrictions, viz:
1st. That he shall exert himself, to the utmost of his power, to procure powder, arms, saltpetre, sulphur, and German steel.
2d. That he shall proceed to no other ports but those that are foreign, beginning at St. Lucia and ending at Hispaniola.
3d. If he will agree to comply with the first request, he may be permitted to load on board such produce as is not forbid by the Continental Congress, giving this Court, or a Committee appointed by them, sufficient bonds for his performing the abovesaid voyage.
4th. That he shall not be permitted to purchase, with the nett proceeds of his cargo, any of the produce of the West-Indies, if powder, arms, saltpetre, sulphur, and steel, can be had at any of the ports aforesaid; but if at the first, second, or third Island, he cannot sell his cargo, and those articles can be had there, and at no other place, he must proceed from the Island he may sell at, after he has received his cash, and purchase the same; he must leave no stone unturned to accomplish this end, and when performed, he must proceed home here, and give the refusal of the same to this Colony.
Which Report being read and considered,
Voted, That the same be received; and that Captain Long, Mr. Rollins, and Mr. Cutts, be a Committee of this House, to join a Committee of the honourable Board, to take proper security of Captain Eliphalet Ladd, for his proceeding on the voyage mentioned in the above Report, under the several restrictions therein mentioned.
By the Council and Assembly.
Whereas the Congress of this Colony have, agreeable to a recommendation from the honourable Continental Congress, resolved and formed themselves upon a form of Government, by a Council and House of Representatives, which plan has been published and dispersed through the Colony, and is to be in force during the present dispute with Great Britain, unless otherwise advised by the Continental Congress; conformable to which said plan of Government, the Council and Assembly have chosen and appointed the proper officers for the administration of justice in the several Counties, who are to be sworn to the faithful discharge of their several trusts. It is therefore expected that no person or persons claim or exercise any civil authority but such as are or may be appointed as aforesaid, on the penalty of being deemed inimical to their country. Provided, nevertheless, and this Proclamation is intended, Not to interfere with the power of the necessary Committees of Safety, chosen in the several Towns through the Colony, by virtue and in, consequence of any recommendation or Resolves of the Continental Congress; whereof all persons concerned are to take due notice, and govern themselves accordingly. And at the same time it is earnestly recommended, that in this distressing day of publick calamity, when our enemies are watching all opportunities to ensnare and divide us, every one would strive to prevent, and, if possible, to quell all appearance of; party spirit, and to cultivate and promote peace, union, and good order, and by all means in their power to discourage profanity, immorality, and injustice.
God save the People.
Voted, That this Proclamation be transcribed, printed, and published throughout this Colony.
Adjourned till to-morrow morning, eight oclock.
Wednesday, March 20, 1776.
Met according to adjournment.
Voted, That John Dudley, Esq., Timothy Walker, Esq. and Captain Long, be a Committee of this House, to join a Committee of the honourable Board, to confer together on the account of Ezekiel Worthen, Juns Wages, and make report thereon as soon as may be.
Voted, That Colonel David Gilman receive out of the Treasury twelve Pounds, to be by him accounted for, and that the President of the Council give order of payment.
Voted, That Major Tash, Doctor Dearborn, and Mr. Jacob Abbot, be a Committee of this House, to join a Committee of the honourable Board, respecting a Petition from Marlow, Stoddard, and Camden, and make report thereon as soon as may be.
Voted, That Mr. John Smith, of Durham, be, and hereby is, appointed to sign the Bills of Credit of this Colony, now at the Treasury, in the room of Mr. Joseph Gilman, who prays to be excused.
Voted, That each Captain in the Regiment now to be raised for the defence of this Colony, receive out of the Treasury forty-three Pounds four Shillings, for their Non-Commissioned Officers and Soldiers Blanket Money, and that each of said Captains give bond, with surety, to the Treasurer, to account for the same, and that the President of the Council give order for payment accordingly.
The Petition and Account of the Committee of Correspondence of the Town of Kittery, praying to be paid for two pair of Fire-Rafts, &c., read and considered.
Voted, That the prayer of said Petition be not granted, but dismissed.
Adjourned to half-past two oclock, afternoon.
Met according to adjournment.
Voted, That Doctor Hall Jackson receive out of the Treasury, for his services, and the services of Clement Jackson, Esq., and Mr. Clement March, Jun., to, and for the Troops stationed at Portsmouth and Piscataqua Harbour, to this time, seven Pounds ten Shillings, per month, for five months past, amounting in the whole to the sum of thirty Pounds ten Shillings, and that the President of the Council give order of payment accordingly.
Upon hearing and considering the Petition of Leonard Whiting, Benjamin Whiting, Samuel Cummings, and Thomas Cummings, all of Hollis, against the Committee of Safety for the Towns of Hollis, Dunstable, Merrimack, and Litchfield, as on file, which being read and agreed by counsel, before both Houses, in the Town-House in Exeter,
Voted, That the further consideration thereof be postponed until the second Tuesday of the next sitting of this House, in order that the full evidence of both parties may be procured and brought in.
Resolved, That if any person, or persons, in either County within this Colony, who have held, or pretend to hold, any office, or offices, under the former Administration, or any other authority whatever, and not being confirmed by the present Council or Assembly, still retain in his, or their, custody any Books, Records, Papers, and Files, should refuse to deliver up the same on demand to the new officer, or officers, appointed in his, or their, stead by the Council and Assembly, upon such refusal the Sheriff of the County where such delinquent dwells, is hereby authorized and required to demand of him, or them, such Books, Records, Papers, and Files; and upon non-compliance with said Sheriffs demand, he, the said Sheriff, shall take the said delinquent before either of the Justices of the County, who, upon examination of the matter, unless the said offender shall give sufficient reasons for his non-compliance, shall have full power to commit him, the offender, to the County Jail, there to remain till he comply with this direction, and pay cost of commitment, or until further order of the General Assembly; a copy of the Vote of the said General Assembly, attested, to be full evidence of the appointment of such officer, or officers.
Adjourned to eight oclock, to-morrow morning.
Thursday, March 21, 1776.
Met according to adjournment.
Voted, That Mr. Samuel Hutchins, of Portsmouth, be