CALENDAR of the PAPERS AND RECORDS RELATING TO THE LAND BANK OF 1740, IN THE MASSACHUSETTS ARCHIVES AND SUFFOLK COURT FILES.

prepared by ANDREW McFARLAND DAVIS.

I. MASSACHUSETTS ARCHIVES.

II. SUFFOLK COURT FILES.

I.

MASSACHUSETTS ARCHIVES.

1. 102: 46–48. [October, 1739.]

A List of the Subscribers to the Land Bank in Boston. John Colman and 395 others. Sets forth that they have by advice and persuasion prevailed with the subscribers to write small sums, to make room for a great number to come in. A very considerable number of merchants and eminent traders in Boston have promised and stand ready to join if it goes on.

2. 102: 28. 10 March, 1739–40.

Broadside. The Printed Scheme of the Land Bank. Announcing that the Committee will receive subscriptions.

3. 102: 49–55. [March, 1739–40.]

Part of Articles of Silver Scheme and List of Subscribers, headed by Edward Hutchinson. Total subscriptions £124,400 proposed to be reduced to £120,000.

4. 101: 683. 18 March, 1739 [–40.]

Joint Committee appointed by Council and Representatives to inquire into divers projections for making and emitting notes of hand as a medium of trade and commerce between man and man.

Resolve of Council. Concurrence of House. Names of appointees.

5. Court Records, XVII./2} 259. 18 March, 1739 [–40.]

[Same as No. 4.]

6. 102: 37, 38. 26 March, 1740.

Report of Committee appointed to inquire into the divers projections laid by private persons for emitting notes, &c.; referring especially to the Scheme of John Colman and 395 others, and the Scheme of Edward Hutchinson and about 106 others; recommending that all further proceedings be stayed until the Court meet again. Read and accepted in Council, 26 March, 1740, and ordered that Colman be strictly forbidden to go ahead, and that Hutchinson be stayed until next Court.

Sent down for Concurrence. Read and non-concurred in House of Representatives, 28 March, 1740, and voted that proceedings in both Schemes be stayed until May Session of General Court.

Read and concurred in Council, 28 March, 1740.

Consented to by the Governor.

7. Court Records, XVII./2} 283. 28 March, 1740.

[Record of Proceedings set forth in No. 6.]

8. 102: 39. 4 June, 1740.

Petition of John Colman, Robert Auchmuty, Samuel Adams, Peter Chardon, and William Stoddard to be heard in the affair of the Land Bank or Manufactory Scheme then under consideration in the House of Representatives.

9. 102: 40, 41. 6 June, 1740.

Petition of sundry merchants, factors, and others inhabitants of the Province, addressed to the General Court, praying that the Land Bank may be discountenanced and suppressed, the memorialists themselves being obliged to refuse all bills emitted on this or any other such scheme.

Signed by Benjamin Gerrish, John Wolcott, Samuel Gardner, and fifteen others.

10. 102: 42, 43. 12 June, 1740.

Draft of Resolve in Council referring the Scheme of John Colman and others for emitting £150,000 in notes of hand, and also the Scheme of Edward Hutchinson and others for emitting £120,000, to the consideration of a Joint Committee. Draft of concurrence of House and names of House Committee.

11. Court Records, XVII./2} 316. 12 June, 1740.

Order in Council: That the Scheme of John Colman and others for emitting £150,000, and that of Edward Hutchinson and others for emitting £120,000, the consideration of which was referred to this session, be referred to a Joint Committee to report what they judge proper to do.

House concurred.

12. 102: 45. 15 June, 1740.

Petition to Governor and Council, of John Choate, Andrew Burley, Robert Choate, John Bordman, James Eveleth, and seven others, inhabitants of Ipswich. Setting forth, the want of a medium of trade; recommending the Land Bank and Manufactory Scheme because it encourages home manufacture; because it would thereby prevent the export of Silver; because the bills are secured by mortgages. For these and other reasons set forth in this petition, the subscribers hope and pray that the Governor and Council will patronize, encourage, and assist the Scheme.

13. Court Records, XVII./2} 341. 24 June, 1740.

In the House of Representatives the question was put whether the persons concerned in the Scheme of John Colman Esqr. and others be strictly forbidden issuing any bills or notes of hand in pursuance of said Scheme, and it passed in the negative.

In Council, read and unanimously non-concurred. A reference noted to proceedings 25 June, inst.

14. Court Records, XVII./2} 344. 25 June, 1740.

In the House of Representatives the question was put whether the persons concerned in the Scheme of John Colman and others should be strictly forbidden issuing any bills or notes of hand in pursuance of said Scheme, and it passed in the negative.

In Council, read and unanimously non-concurred, inasmuch as this Scheme and the Scheme of Edward Hutchinson, Esq., and others are referred to the consideration of a Committee of both Houses, and ordered, that the said Committee meet forthwith and make report as soon as may be.

In the House of Representatives, read and non-concurred, and the House insist upon their own vote.

In Council, read and non-concurred.

15. Council Records, 10: 393. 11 July, 1740.

Petition of James Bowdoin and a great number of others, merchants and traders of Boston, complaining of John Colman and others, that they are about to make and issue notes of hand which have no foundation, &c.

Committee appointed to consider petition, and make report what they judge proper for the Board to do.

16. Council Records, 10: 400. 17 July, 1740.

Draught of Proclamation made by Secretary by order of Board, referring to Scheme for issuing notes, read and approved, and his Excellency advised to issue same.

Letter to Governors of neighboring Provinces on same subject, approved and ordered to be sent.

17. 102: 73. 17 July, 1740.

Proclamation of Governor Belcher: Setting forth that a Scheme for emitting bills or notes was laid before the General Court at their session held at Boston, 5 December, 1739; that great numbers of men of estate and business had prayed that some proper method be taken to prevent the inhabitants of the Province being thereby imposed upon; wherefore he warned his Majesty’s good subjects not to receive or pass said notes.

18. 102: 4–27. 6 September, 1740.

List of Subscribers to the Land Bank with amount of assessment laid upon each subscriber. 944 names, including duplicate entries. Assessment, £799 10s. Five additional names, no assessment. With an account of expenses of organization amounting to £318. 4. 10.

19. Court Records, XVII./2} 430. 12 October [September?], 1740.

Message of Governor Belcher: Refers to the order passed in March last by the General Court strictly forbidding John Colman and others, and Edward Hutchinson and others, to issue any notes of hand, &c, till the May session, since which time the whole Court has done nothing further in the affair. Recommends the reference of both Schemes to a Committee to sit during recess. Further proceedings meantime to be prohibited without leave from the government.

20. 102: 84. 5 November, 1740.

Amendment of Article 19, Silver Scheme. Refers to the execution of the Articles of the Scheme, 1 August, 1740. The subscribers agree to comply with said Article 19, and to exchange and give in bills of common currency to any and all possessors of the Silver Notes on demand.

Executed under Seal. Acknowledged. Recorded.

21. Council Records, 10: 450. 5 November, 1740.

Draught of Proclamation for warning officers appointed by Board against being concerned in Manufactory Bills, which had been prepared by Secretary, was laid before Board and read and approved, and His Excellency advised to issue it.

22. 102: 86, 87. 6 November, 1740.

Proclamation of Governor Belcher: Recites proclamation of 17 July, warning people not to receive Land-Bank bills, alleges that notwithstanding this they have issued notes and pass them among divers people in the Province, and divers persons who hold commissions in the militia. Warns militia officers not to sign or give encouragement to the passing of said notes, and declares his resolve to dismiss from office such as shall continue to do so.

23. 102: 88. 10 November, 1740.

Letter from William Stoddard, resigning his trust, after having seen the proclamation of 5 November, since it comes in competition with what he thinks to be his duty to his country.

24. 102: 89. 10 November, 1740.

Letter from Robert Hale: It is not out of contempt for the authority of the Governor and Council, but from a desire to act in the interest of the country, which inclines him to pursue the Manufactory Scheme. The proclamation of the 5th inst. makes this incompatible with his longer holding a Commission under the government. He therefore resigns as Justice of the Peace.

25. 102: 90. 10 November, 1740.

Joint Letter of Samuel Adams and John Choate, resigning because by proclamation the holding of a commission under his Excellency is made inconsistent with the prosecution of the Manufactory Scheme.

26. Court Records, XVII./2} 436. 22 November, 1740.

Governor Belcher’s speech to General Court: Refers to two Schemes or Projections. Is told the notes are getting out among the people. The Court not having taken action, the Council took the matter in hand during recess. This brought the makers of the Silver Scheme to make an essential amendment, whereby holders of notes may receive the value of the notes in silver or gold on demand. This amendment is lodged in the Secretary’s office. Has thought it indispensable that he should bear testimony against the Land Bank. Recommends the passage of a law stopping further proceedings. Refers to an application to Parliament for the suppression of this dangerous affair.

27. Council Records, 10: 463. 5 December, 1740.

Preamble and Resolve of Council removing from office Samuel Adams, William Stoddard, Samuel Watts, Robert Hale, and John Choate, Justices of the Peace, because they have been concerned in passing the Manufactory Bills and Land-Bank Bills, and are determined to persist therein.

28. 102: 93. 5 December, 1740.

[Copy of the Record given in No. 27.]

29. Council Records, 10: 464. 5 December, 1740.

Record of the Vote of the Council refusing permission to the Secretary to record the instrument entitled the Manufactory Scheme, which had been offered for record by Robert Hale, and declaring their opinion that it was a great indignity offered to the Board.

30. 102: 94. 5 December, 1740.

[Copy of the Record given in No. 29.]

31. 102: 96. 9 December, 1740.

Council Meeting: Removal of George Leonard, a Justice of the Peace and one of the Justices of the Inferior Court of Common Pleas in the County of Bristol.

32. 102: 97. December, 1740.

Open Letter to Registers of Deeds, calling for names of persons who have mortgaged lands to Land Bank.

33. 102: 98. 11 December, 1740.

Open Letter to Colonels of Regiments, instructing them to make careful inquiry into the conduct of all the commissioned officers in their regiments as to their relations to the Land Bank.

34. 102: 102. 19 December, 1740.

Council Meeting: Joseph Blanchard, Justice of the Peace, removed from office.

35. 102: 103–106. 19 December, 1740.

Registry of Deeds, Suffolk County: Return of all those who have mortgaged their real estate in Suffolk County to the Directors of the Manufactory Company (so called). Taken by order of the Governor and Council. 122 names.

36. Council Records, 10: 471. 19 December, 1740.

Removal of Joseph Blanchard from his office as Justice of the Peace.

Confession of John Chandler, Junr.

Registers of Deeds ordered to send list of Mortgages.

37. Council Records, 10: 473. 20 December, 1740.

Draught of Letter prepared by order of Council to Justices in General Sessions: Secretary instructed to send same in name of Governor and Council.

38. 102: 107, 108. 20 December, 1740.

Certified Copy of a letter addressed to the Justices of the Peace when met together in the Court of General Sessions of the Peace, as well as to the individual Members of the Court, instructing them to discourage and prevent the passing of Land-Bank or Manufactory Bills; to caution retailers and common victuallers; and to warn licensees, and not give out licenses to such as despise the Government.

39. 102: 109, 110. 22 December, 1740.

Registry of Deeds, County of Middlesex: A List of the names of persons who have mortgaged any part of their estates to the Directors of the Manufactory Company.

Taken at the desire of the Governor and Council. 119 names.

40. 102: 112. 25 December, 1740.

Letter from Richard Fry to the Governor and Council, reporting that William Young, Gaol keeper, Boston, in defiance of the most noble and honorable Board, passes and repasses notes of hand vulgarly called Land-Bank Money.

41. Council Records, 10: 475. 26 December, 1740.

Andrew Burleigh, Justice of the Peace for Essex, summoned before the Board. John Darrell, Coroner of Suffolk County, dismissed.

42. 102: 116. 30 December, 1740.

Letter of John Higginson enclosing on separate sheet list of Land-Bank Mortgages in Essex County.

43. 102: 117–119. 30 December, 1740.

Registry of Deeds, Essex County: A List of the names of those who have mortgaged any part of their estates in Essex County to the Manufactory Society, so called. 115 names.

44. 102: 120. 30 December, 1740.

Registry of Deeds, Barnstable County: List of names of all such persons as have mortgaged any part of their estates in Barnstable County to the Society which has put forth bills called Manufactory Bills. Drawn up in obedience to the Governor and Council. Ten names.

45. 102: 121. 31 December, 1740.

Letter from Andrew Burley to the Governor: Would have waited on the Council in obedience to orders except for a blow on his leg which disabled him from riding a journey. Freely acknowledges having passed Manufactory Bills, and is determined to do so.

46. 102: 122. 1 January, 1740 [–41.]

Registry of Deeds, Worcester County: A List of the names of persons who have executed Mortgages to the Directors of the Manufactory Company which have been recorded in said office. 165 names.

47. Council Records, 10: 489. 1 January, 1740 [–41.]

Draught of a letter to Courts of Justice. Instructions of Board to Secretary to send it.

48. Council Records, 10: 480. 2 January, 1740 [–41.]

Dismissal of John Fisher, Elkanah Leonard, and Ammi Ruhamah Wise, Justices of the Peace, for receiving and passing the notes commonly called Land-Bank or Manufactory Bills, and persisting therein.

49. 102: 127. 3 January, 1740 [–41.]

[Recital of action of Governor and Council given in No. 48.]

50. 102: 128. 5 January, 1740–41.

Registry of Deeds, Worcester County: List of Mortgages to the Land Bank. Eight names.

51. 102: 129. 5 January, 1740–41.

Registry of Deeds, Plymouth County: List of Mortgages to the Directors of the Manufactory Company. 42 names.

52. 102: 130. 6 January, 1740 [–41.]

Letter signed by Secretary Willard, by order of Governor and Council, to the General Sessions, about the Land Bank, instructing the Justices of the Peace when in Court and elsewhere to prevent the spreading of the fraud, and particularly to charge their officers by no means to pass, receive, or countenance said bills. To give public notice of this by reading the letter at the opening of Court.

53. 102: 131. 6 January, 1740–41.

[Duplicate of No. 52. Not signed.]

54. Council Records, 10: 481. 6 January, 1740 [–41.]

Second Summons of John Chandler, Junr., before the Board. Summons of William Ward and Samuel Jennison, Judges of Common Pleas, to explain their position to the Board.

55. 102: 157. [No Date.]

Copy of Letter to be forwarded to those against whom information has been lodged with the Governor and Council, that after having promised not to give encouragement to the passing of Manufactory Bills, they have taken them; demanding an explanation, and a statement as to their final conclusion in the affair.

Endorsed on back—Letters to Col. Chandler, Col. Ward, Mr. Jennison, Mr. Dudley.

56. 102: 158. [No Date.]

Copy of Letter announcing that the Governor and Council are informed that those to whom this letter is addressed have encouraged the passing of Manufactory Bills after the Proclamation, and demanding an immediate answer, with a statement as to what their intention in the matter is.

With the following names: Wm, Jennison, Col. Wm. Ward.

57. 102: 132. 9 January, 1740 [–41.]

Letter from William Jenison, acknowledging receipt of a letter charging him with encouraging the circulation of Manufactory Bills. Has never encouraged their circulation. Has never liked the Scheme. Can’t say that he has never received any of them, but has none now, and had made up his mind not to take any more before he received the Secretary’s letter.

58. Court Records, XVII./2} 512. 9 January, 1740 [–41.]

Governor Belcher’s speech: Refers to the Scheme for forming a Land Bank. Acknowledges the zeal and steadiness of the Council in joining with him in suppressing a project so full of mischievous consequences. Regrets that the House will not give the least aid, but seem rather to countenance this iniquitous contrivance and combination; doubts not that the measures taken will soon have the desired effect.

59. Council Records, 10: 484. 9 January, 1740 [–41.]

John Jones, Justice of the Peace for Middlesex, appears before the Board.

60. 102: 133, 134. 10 January, 1740–41.

Letter from John Chandler: Explains how the night before he was called before the Governor and Council he sold Capt. Blanchard 100 acres in the Groton Gore, which by the new line between the Provinces would fall in New Hampshire, for £4 Manufactory Bills; which bills he included in his return to the Council as having on hand. Declares that he will not give countenance directly or indirectly to the bills called Land-Bank or Manufactory Bills.

61. Council Records, 10: 489, 490. 15 January, 1740 [–41.]

Isaac Little and Samuel Dudley, Justices of the Peace, called upon to explain.

Answers of John Chandler, Junr., and William Jenison laid before the Board.

Committee appointed to draught letter to Board of Trade.

62. 102: 135. 22 January, 1740–41.

Letter from William Ward to the Governor and Council, replying to a letter from the Secretary in which he was called upon to report as to his conduct in regard to passing Manufactory Bills. Has not passed any since the Governor’s proclamation. Does not himself intend to encourage the passing of the bills either directly or indirectly.

63. 102: 136. 26 January, 1740 [–41.]

Letter from Col. Richard Saltonstall to the Governor: Has received the orders of the Governor relative to Manufactory Bills. Has inquired of his officers, and has found none in the regiment faulty except Capt. Thomas Kimball of Bradford, whom he has removed.

64. 102: 137. 27 January, 1740 [–41]

Letter of Samuel Howland to Secretary Willard, enclosing on a separate sheet a list of names [see No. 65] of those who have mortgaged any of their land in Bristol County to the Directors of the Manufactory Company [so called].

65. 102: 138. 27 January, 1740 [–41]

A List of names of the persons who have mortgaged any of their lands, being in the County of Bristol, to the Directors of the Manufactory Company (so called). 50 names.

66. 102: 140. 27 January, 1740 [–41.]

Vote of Council that no person shall be admitted to appear and plead before the Board who shall pass, receive, or give encouragement to the bills called Land-Bank or Manufactory Bills.

67. Council Records, 10: 493. 28 January, 1740 [–41.]

Report of Committee appointed to draught letter to Board of Trade accepted.

68. Council Records, 10: 493–4. 28 January, 1740 [–41.]

Secretary ordered to write John Metcalf and Samuel White, Justices of the Peace, and John Moory and Jona. Whitney, Coroners.

Also ordered to write second letters to William Ward, Isaac Little, and Samuel Dudley.

69. Council Records, 10: 494. 28 January, 1740 [–41.]

Vote refusing to permit persons to appear before Board who give encouragement to Land Bank.

70. Council Records, 10: 497. 5 February, 1740 [–41.]

Answer of John Moorey, acknowledging that he has passed Land-Bank Bills, but has determined to stop.

71. 102: 141. 28 February, 1740–41.

Letter from Samuel White to the Governor and Council: Acted as appraiser before the Proclamation. Ordered his lad not to receive Land-Bank money before he received the letter from the Secretary. Hopes he shall never do anything that may tend to hurt the peace of the King, or of the rulers of the land or the subjects thereof.

72. 102: 142. 5 March, 1740–41.

Registry of Deeds, Worcester County: List of Mortgages to the Directors of the Land Bank, lodged for record since his last. 17 names.

73. 102: 143. 9 March, 1740–41.

Registry of Deeds, Hampshire County: List of the names of all persons who have mortgaged their lands to the Directors of the Manufactory Scheme, so called, for Manufactory Bills, whose mortgages are entered on record there. Seven names.

74. 102: 144. 13 March, 1740–41.

Registry of Deeds, Worcester County: List of persons who have recorded their Mortgages to the Land-Bank Directors in that office, since his last. 19 names.

75. 53: 77, 78. 27 March, 1741.

Letter from Francis Wilks, Agent, London, announcing passage in the House of Commons of a bill to extend the Bubble Act of 1720 to the plantations in America. Is satisfied that it is the determination of Parliament to dissolve all Companies in America that have put forth notes or bills to pass in public.

76. 102: 148. 1 April, 1741.

Letter from Shuball Gorham of Barnstable, to the Governor: Has made inquiry into the conduct of the officers of his regiment as to their signing or giving countenance directly or indirectly to the bills called Land-Bank or Manufactory Bills. Cannot find that they are chargeable with fault therein.

77. Council Records, 10: 505. 2 April, 1741.

Secretary instructed to write Thomas Kemball, Sylvester Richmond, Sylvester Richmond Junr, Benja. White, Saml Willis, and Henry Lee.

Dismissal of Isaac Little, Justice of the Peace for Plymouth County, and John Metcalf, Justice of the Peace for Suffolk County.

78. Court Records, XVII./2} 538 3 April, 1741.

Petition of Edward Evelith, Ebenezer Stevens, and John Brown, in behalf of themselves and their partners, setting forth that they have projected a medium of trade by bills of credit.

They propose to emit, agreeable to the Scheme herewith presented, praying for the approbation and direction of this Court therein.

In Council, read and voted that William Dudley, John Cushing, and William Brown, Esqrs., with such as the Honorable House shall join, be a Committee to consider of this petition and the projection therein referred to, and report what they judge proper for this Court to do therein.

In the House of Representatives, read and non-concurred.

79. 102: 149. 9 April, 1741.

Form of Letter to be sent to Colonels of Regiments, saying that the Governor is uneasy at the delay in reporting whether the officers have encouraged the passing of Land-Bank Bills. Announcing that his Excellency expects a prompt answer.

Memoranda that copies were sent to—Col. Winslow, 20 April, 1741; Col. Willard, 21 April, 1741; Col. Varnum, 21 April, 1741.

80. 102: 150. [April, 1741.]

Letter from Joseph Allen, replying to the letter from the Secretary, dated 4 April, 1741, relative to Land-Bank Bills. Has not had any for a considerable time. Has refused them for many months. Has had them offered in payment of hazardous debts, but has refused them, and is determined to have nothing to do with them.

81. 102: 151. 9 April, 1741.

Open Letter of the Secretary, announcing that the Governor and Council have been informed that the recipient of it has encouraged the passing of Manufactory Bills, and that they expect prompt information as to whether he will persist in passing or receiving or giving encouragement to said bills in the future.

82. Council Records, 10: 508. 9 April, 1741.

Letter of Samuel White laid before the Board. Dismissal of Samuel White and Samuel Dudley from their offices as Justices of the Peace.

Letter of Joseph Allen laid before the Board.

83. Council Records, 10: 509. 9 April, 1741,—Adjournment.

Secretary directed to call upon John Osgood, Esqr., Justice of the Peace for Essex, for explanations, &c.

84. 102: 152. 14 April, 1741.

Letter from Henry Lee to the Secretary, answering letter of 3 April. Approves of the Manufactory Scheme, and will do what he can to encourage it. The privilege of an Englishman is his sufficient warrant therefor. Regards his being punished for differing in opinion from the Governor and Council, and his removal from office until unfaithful, an invasion of his native rights.

85. 102: 156. 20 April, 1741.

Letter of Thomas Kimball to Governor and Council: Is not concerned in the Land Bank. Has taken and passed the bills, but some time since determined in no way to give countenance thereto in the future.

86. Council Records, 10: 512. 30 April, 1741.

Letter of Henry Lee laid before the Board. Dismissal of Henry Lee from his office as Justice of the Peace.

Letter of Thomas Kemball laid before the Board.

87. 102: 155. 2 May, 1741.

Certified Copy of Affidavit of Samuel Bates informing that he heard a report of a confederacy of about 5,000 men who proposed to come to Boston to know the reason why Land-Bank money had no currency. Part of the design was to know if there was any corn to be shipped off for a market; gives names of certain parties supposed to be connected therewith.

88. 102: 154. 4 May, 1741.

Letter to John Quincy (copy, unsigned), informing him that the Governor desires him to look into the matter mentioned in the enclosed. If he finds anything in it, to consult with Mr. Justice Lincoln; to report soon; to proceed with privacy.

89. Council Records, 10: 513. 9 May, 1741.

Vote of Council instructing the members of the Board who are Justices of the Peace thrôout the Province to issue warrants for apprehending and conventing the Persons or some of the principal of them that are represented or concerned in a design to come in a tumultuous and seditious manner into Boston to force the currency of Land-Bank Bills.

90. 102: 159,160. 11 May, 1741.

Affidavit of Robert Brown, that one Latham, of Bridgewater, told him at Kingston that if he would take Land-Bank money for corn his warehouse would stand; and when asked what lie meant, would not answer; what Mr. Johonnot had heard concerning the rising of the Land Bankers; statement of Nathl Cobb, of Plymouth, that 300 men had signed.

91. 102: 161. 11 May, 1741.

Affidavit of Thomas Josselyn, of Hanover, as to what Joseph Gurney of Abingdon told him about a number of men that were to come to Boston to buy corn. Was informed that he was abused because he would no longer support the Land Bank.

92. 102: 162. 11 May, 1741.

Affidavit of Thomas Crosby, of Braintree, that Joseph Gouge told him that there would be a rising about the Land Bank, and that Capt. Peirce of Milton would be the head. That one Tenney of Bridgwater told him that there were notifications on some of the Meeting Houses, as follows: “Here are a number of men that want company—of our design there is no fear of failing. Our names must be kept secret.”

93. 102: 139. [May, 1741]

List of names. Evidently connected with the Land-Bank Conspiracy.

94. Council Records, 10: 514. 11 May, 1741.

Examination of Joseph Crosby, Robert Brown, William Royal, and Thomas Josselyn touching the seditious designs and practices of people in regard to Manufactory Bills.

Captn William Pierce, not giving satisfactory account of himself, bound over to appear on Wednesday next.

95. 102. 163. 11 May, 1741.

Affidavit of William Royall, of Stoughton, that Joseph Kenney told him that it was the design of the mob to rise on the nineteenth of May, to go to Boston on that day on pretence of getting corn for their families. That Mr. Thayer and Mr. Clark, both of Braintree, told declarant that there was a paper put up on the Meeting Houses or public houses in said town relating to said rising. That Elijah Jordan of Bridgwater said that the people there were much engaged in the affair.

96. Council Records, 10: 514–15. 12 May, 1741.

Examination of Thomas Borden and Seth Cushing upon oath, touching the seditious meetings and designs of divers people for forcing a currency of the Manufactory Bills.

97. 102: 164, 165. 12 May, 1741.

Affidavit of Seth Cushing of Hingham that John Lewis of Hingham had told him that he had heard that 1000 men would rise in Boston on the nineteenth inst., and 20,000 in the country. That he had heard them say that they would come to Boston, and if corn was there and the merchants would not let them have it they would throw them into the dock.

98. 102: 166, 167. 12 May, 1741.

Affidavit of Adam Cushing of Weymouth, concerning examination of Thomas Vincent by Benjamin Dyer at declarant’s house, touching disorderly meetings on the Land-Bank affair. Vincent testified that letters were written, but he knew not what nor whether they were sent. It was understood that they were written by John Orcutt.

99. Council Records, 10: 515. 14 May, 1741.

Examination of Joseph Gurney upon information of his being concerned in the seditious meetings of divers people for forcing a currency of the Manufactory Bills.

100. 102: 168. 14 May, 1741.

Warrant for the arrest of Richard Carter, John Bray, Nathaniel Spear, and David French, on information that they had been concerned in a design and combination with a number of evil-minded persons to come into the town of Boston in a tumultuous manner, tending to the disturbance and disquiet of the Government and affright and terror of his Majesty’s good subjects, and against the King’s peace and dignity.

101. 102: 179. 15 May, 1741.

Letter to Colonel Tyng, to the effect that the Governor is uneasy at the delay in reporting whether any officers of the regiment have encouraged the passing of Land-Bank or Manufactory Bills, and calling for a prompt answer.

102. Council Records, 10: 516. 20 May, 1741.

Divers persons were examined by the Board respecting seditious meetings for forcing a currency of Manufactory Bills.

103. Court Records, XVII./2} 568. 27 May, 1741.

Disapproval by the Governor of the choice of Samuel Watts as Speaker of the House.

104. Court Records, XVII./2} 573. 29 May, 1741.

Message of the Governor, announcing that he has instructed the Secretary to declare this Court dissolved, because the management of the Elections of Councillors has discovered to him their inclination to support the fraudulent and pernicious scheme commonly called the Land Bank. He judges it derogatory to the King’s honor and service, and inconsistent with the peace and welfare of this people, that they shall longer sit in General Assembly.

105. Court Records, XVII./3} 5. 8 July, 1741.

Message of the Governor, disapproving of the choice of John Choate as Speaker of the House.

106. Court Records, XVII./3} 35. 25 July, 1741.

House of Representatives: Joint Committee ordered to project some proper method to bring to as speedy, easy, and final conclusion as may be the private schemes for emitting bills of credit.

Council concurred.

107. 102: 180. 25 July, 1741.

Joint Committee ordered to project some proper method to bring to as speedy, easy, and final conclusion as may be the private schemes for emitting bills of credit.

House of Representatives, 24 July, 1741.

Council, 25 July, 1741.

108. Court Records, XVII./3} 97. 28 [27?] August, 1741.

A bill entitled an Act to subject the bonds and mortgages given by the undertakers and their sureties in the Silver Scheme and Manufactory Scheme, so called, to the payment of the possessors of their bills in the most speedy and equal manner.

In Council, read a first time.

109. Court Records, XVII./3} 99. 28 August, 1741.

Same bill (as in No. 108) read a second time and passed to be engrossed, in the Council.

110. 102: 188–191. 23 September, 1741.

Adjourned meeting of the Manufactory Company, 22 September, at Milton. Committee appointed at a meeting held at Concord, 1 September, reported. Report gives amount of bills printed and how distributed; amount employed in trade; amount let out at interest; amount loaned on notes; amount due the Company; amount of bills on hand; expenses of Directors. Adjournment of meeting, 23 September. Acceptance of Report.

Page 188. Analysis of Report.

Page 191. Statement of bills outstanding, due from partners, &c.

111. 102: 196. 1 November, 1741.

Letter from Jos. Miller, in the name and by order of the late Directors of the Land Bank, to Messrs. Hartshorn, Sheafe, and Prescott, answering theirs of the 5th, in which they took exception to the powers given them by the partners. Announcing that the Directors are prepared to make a List of Partners showing payments, &c., and are willing to aid in settling the accounts, and notifying them to attend 16 November, at 9 o’clock in the forenoon, to burn bills.

112. 102: 210, 211. 20 March, 1741 [–42.]

Petition of Nathaniel Martyn and others, possessors of Land-Bank Bills, representing that they are holders of large sums of them, which the partners refuse to redeem. To avoid multiplicity of law suits, and to protect individual partners who have complied with their duty, the Petitioners ask for legislation which shall effectually compel those concerned to give them satisfaction.

113. 102: 212. 20 March, 1741 [–42]

Appointment of a Committee by House of Representatives and Council, to consider the petition of Nathaniel Martyn and others, and report thereon.

114. 59: 326–329. 3 April, 1742.

27 March, 1742. Petition of Eben Hartshorn and Peter Prescott, a Committee of the Manufactory Company, for legislation which shall secure the partners from impending distress and confusion, either by the appointment of Commissioners to adjust the affairs of the partners, or in some other way.

30 March, 1742. Referred by the House of Representatives to Committee on Silver and Manufactory Schemes.

March, 1742. Council concurred.

March, 1742. William Pepperell in behalf of Committee reports, recommending a committee to adjust and audit accounts of directors and partners, with power to sue for and recover effects belonging to the Company; to redeem the bills; to give up bonds and covenants, and execute discharges of mortgages, &c.

31 March, 1742. Report accepted by Council. Committee appointed.

2 April, 1742. House concurred, with amendments, and appointed Committee.

3 April, 1742. Council concurred.

115. Council Records, 10: 601. 7 April, 1742.

Notification to all persons lately concerned in either of the Schemes for making a medium of trade, to bring in the bills they have received, in pursuance of the Act of Parliament submitted by John Read, approved and ordered to be published.

116. 102: 213, 214. 7 April, 1742.

Proclamation by the Governor, reciting the passage of the Act of 6 George I., and Act of 14 George II., and calling upon all those who had before 29 September, 1741, relinquished said undertakings to bring in the bills of the respective Companies for which they are proportionately chargeable.

117. 102: 225. 23 April, 1742.

Resolution by House, appointing members of a Joint Committee to examine affairs of Silver and Manufactory Schemes, and to report at May session the names of those who have not brought in their quotas of notes, so that care may be taken to cause them to do so.

Concurrence of Council same day, and appointment of Committee on their part. Approval of the Governor.

118. 102: 243–245. 2 June, 1742.

27 May, 1742. Petition of Joseph Parmenter and others, partners in the Land Bank or Manufactory Scheme, who have paid their proportionate share of the indebtedness of the Company,—representing that there are many delinquents, and praying for legislation which will make their property liable to possessors of bills, and for such relief as the General Court shall see fit to give.

2 June. Referred to a Committee by the House.

Council concurred, and added members.

119. 102: 260. 30 June, 1742.

Report on the state of the Silver Scheme by the Committee appointed to examine the affairs of the Manufactory and Silver Schemes:

Showing amount issued

£120,000.

Of which there has been received in

69,361. 12. 6

Remaining outstanding

50,638. 7. 6

Charges for paper, graving, printing bills, &c., amounted to 2¼ ꝑ cent, which has been assessed. Partners are daily settling. Read in Council 30 June, 1742, and sent down.

120. 102: 261. 30 June, 1742.

Action in House of Representatives on the Report of the Committee on the Manufactory and Silver Schemes. Report accepted, and voted that although the delay of the partners in closing up the affair works injustice and is of great importance, yet the session is so near an end that the whole matter is referred to the next fall session.

Sent up for concurrence, and concurred in by Council same day.

Consented to by the Governor.

121. 102: 262. 30 June, 1742.

Report on the state of the Manufactory Scheme by the Committee appointed to examine the affairs of the Silver and Manufactory Schemes:

Showing amount issued to Directors and Partners £35,582.

To several persons in a way of Trade

11,700. 2. 10

In the hands of the Directors, never issued

1,967. 17. 2

 

£49,250

Received for Principal, Interest, and Trade

30,567. 12. 5

Outstanding

£18,682. 8[?]7

There has been consumed to ashes, including Bills never issued

22,411. 16. 8

Now in the hands of Directors, not consumed

8,155. 15. 9

Subsequently received as per supplemental account

2,033. 3. 2

Now outstanding

16,649. 5. 5

Sent down to the House by the Council and by the House referred to the next session.

Concurred in by Council and consented to by the Governor.

122. Court Records, XVII./3} 451. 30 June, 1742.

John Jeffries, Esq., from the Committee of both Houses in the affair of the Manufactory Scheme, gave in a Report. [See No. 121.]

Vote of the House referring the matter to the next fall session.

Concurred in by the Council. Consented to by the Governor.

123. Court Records, XVII./3} 453. 30 June, 1742.

Report on the state of the Silver Scheme presented by John Jeffries, in behalf of the Committee appointed to examine the affairs of the Manufactory and Silver Schemes.

Referred by vote of House to the next fall session.

Council concurred. Governor consented.

124. Council Records, 10: 657. 13 September, 1742.

Petition of John Colman, Esq., and others, Directors and Partners in the late Land Bank, who have done their utmost to comply with the Act of Parliament, but who are prevented from complete success by the obstinacy of many of the Partners,—praying for relief.

Order of Council. [See No. 125.]

125. 102: 264, 265. 13 September, 1742.

Order of Council, based upon the complaint of the Partners in the Manufactory or Land-Bank Scheme who have complied with the Act of Parliament, made against the delinquent partners; in which complaint they set forth the injuries which they suffer, and to which they are exposed by this neglect, and pray for relief.

The Attorney-General is instructed to prosecute all such delinquents as shall incur the pains and penalties of premunire.

126. 102: 267–269. 23 November, 1742.

23 November, 1742. Petition of Samuel Stevens of Roxbury to the General Court, setting forth that he was a partner in the Land Bank. That at a meeting of the Company a Committee was appointed to close affairs and destroy plates and bills. That the Directors are not destroying the bills nor working to close up the affair; but for their own benefit suing or causing such partners to be sued as have opposed their exorbitant demands. The petitioner has been sued by Richard Jennys, an obscure man, who he thinks was supplied by the Directors with notes paid in by mortgagors. Prays for relief, otherwise he must be sacrificed to the exorbitant demands of the Directors.

127. Court Records, XVII./3} 502. 24 November, 1742.

In Council: Petition of Samuel Stevens of Roxbury, setting forth that he was a partner in the Land Bank. That at a meeting of the Company a Committee was appointed to close affairs, &c. [For Petition, see No. 126.]

128. 102: 271–273. 2 December, 1742.

Answer of George Leonard and others, late Directors of the Manufactory Company, to the petition of Samuel Stevens, alleging that they have burned the bills as they came in, have destroyed the plates and have not since the Act of Parliament came over in May, 1741, had a bill struck off. They have aided partners who could not otherwise procure the bills, by exchanging bills in the hands of possessors and lending them to the partners and inducing moneyed men to do the same. They deny having employed Jennys to sue Stevens and charge Stevens with being a delinquent partner and at the same time with having instigated suits against the subscribers who have all paid their quotas.

129. Court Records, XVII./3} 528. 7 December, 1742.

Petition of Samuel Stevens, praying as entered 24 November, 1742. In Council, read again, together with the answer of George Leonard, Esqr. and others, the late Directors of the late Manufactory Company, and the matter being fully considered, the question was put whether the prayer of the petitioner be granted, and it was resolved in the negative.

It was thereupon unanimously resolved that the Petition be dismissed.

House concurred. Governor consented.

130. 102: 269, 270. 7 December, 1742.

24 November. Council ordered the late Directors of the Manufactory Company to make answer 1 December next.

House concurred.

The Petition of Samuel Stevens of Roxbury, 23 November, 1742, which was referred, 24 November, to Directors of Manufactory Company for answer, was answered, 2 December, by George Leonard and others, late Directors, &c.

This Petition was read a second time in the Council, 7 December, 1742, together with the answer of the Directors. It was unanimously voted not to grant the prayer of the petitioner, and his Petition was unanimously dismissed.

7 December, 1742. House concurred. The Governor’s consent attached thereto.

131. 102: 274. 15 December, 1742.

6 December, 1742. Memorial of Samuel Stevens of Roxbury, addressed to the General Court. Refers to his former Petition. Has heard that the Directors made answer, and that his Petition has been dismissed. Alleges that he has personally complied with the Act of Parliament. Asserts that the demands of the Directors are repugnant to the Act of Parliament against frauds and combinations. Prays for a public hearing.

15 December, 1742. Dismissed by the Council.

132. Court Records, XVII./3} 611. 14 January, 1742 [–43.]

The Bill entitled an Act for the more speedy finishing the Land Bank or Manufactory Scheme, was read in Council a second time and passed in concurrence with amendments as taken into a new draught, which being sent down were agreed to by the House.

133. Court Records, XVII./3} 617. 15 January, 1742 [–43.]

An Engrossed Bill entitled an Act for the more speedy finishing the Land Bank or Manufactory Scheme, having been read three several times in the House of Representatives and in Council, was passed to be enacted by both Houses.

134. Court Records, XVII./3} 621. 15 January, 1742 [–43]

Speech of the Governor: The unhappy circumstances of the late Directors and Partners of the Land Bank Scheme have been the object of his attention. Would be glad to promote the end aimed at by the engrossed bill which has passed both Houses. It interferes, however, with the Act of Parliament, and is of extraordinary nature. It might possibly have its entire effect before it could be submitted for approval to his Majesty, and he is instructed to submit all bills for approval before signing them himself. Hopes the prudent measures which have had such extraordinary influence in bringing in the bills for destruction will be continued. Commends the moderation of possessors of bills in confining their demands to delinquents. Hopes that none will take advantage of the Act of Parliament to gratify pique. Announces that the Council have ordered the Attorney-General to prosecute contumacious partners.

135. Court Records, XVII./4} 42. 6 June, 1743.

A Petition of Samuel Stevens of Roxbury, complaining of an unjust prosecution by Nathaniel Martin for the payment of a quantity of notes called Manufactory Notes, although he had already paid his own quota of the said notes, and thereby complied with the true intent of the Act of Parliament. Prays for relief from this Court.

In Council, read and ordered that the petitioner serve the adverse party, Nathaniel Martin, with a copy of this Petition, that he show cause, if any he have, on Friday next, why the prayer thereof should not be granted, and execution is stayed in the meantime.

In the House of Representatives, read and concurred.

Consented to by the Governor.

136. 102: 308–311. 10 June, 1743.

Answer of Nathaniel Martyn to the Petition of Sam’l Stevens, addressed to General Court: Alleging that many statements in the Petition are false and malicious; denying that he has prevented petitioner from prosecuting an appeal from the judgment recovered by respondent; is ready now to accept the proposition made by petitioner’s attorney; believes that he has lawful authority to sue any one concerned in the late Manufactory Company, whether they have paid their quotas or not; thinks it unreasonable to expect that possessors of bills will confine themselves now to delinquents, who are generally impoverished, vastly distant out of the Province, absconded or deceased; alleges that petitioner himself was a delinquent when respondent brought his suit; thinks that if petitioner’s prayer is granted, the Act of Parliament will be defeated; prays that Petition be dismissed.

137. 102: 295–297. 15 June, 1743.

Complaint addressed by Nathaniel Martyn to the Governor and Council: Represents that the Sheriff of Suffolk County has refused to serve writs on sundry Members of the Assembly, who were concerned in the late Manufactory Company; claims that under the Act of Parliament no essoign, protection or wager of law should be granted or allowed; prays that instructions be issued to Sheriffs to serve writs grounded on the Act of Parliament, notwithstanding the public character of the defendant.

Read and dismissed at a Council meeting, 15 June, 1743.

138. 102: 304. 1743.

Statement of the condition of the Land Bank, at the time the General Court took it out of the Directors’ hands.

139. Court Records, XVII./4} 74, 83. 15, 17 June 1743

A Bill entitled an Act for the more speedy finishing the Land Bank or Manufactory Scheme, having been read three times in the House of Representatives, and then passed to be engrossed, was read a first time in Council, 15 June.

In Council, read a second time, and passed in concurrence to be engrossed, 17 June.

140. Court Records, XVII./4} 91. 18 June, 1743.

An Engrossed Bill, entitled an Act for the more speedy finishing the Land Bank or Manufactory Scheme, having been read three several times in the House of Representatives and Council, was passed to be enacted by both Houses.

141. Court Records, XVII./4} 103. 22 June, 1743.

Petition of Samuel Stevens, praying as entered the 7th inst.

In the House of Representatives, read again, together with the answer of Nathaniel Martyn, and the matter fully considered.

Ordered, that the Justices of the Superior Court of Judicature, next to be holden at Boston, be and hereby are, empowered and directed to hear and try the merits of the cause mentioned in the petition, to make up judgment and award execution therein; the judgment therein mentioned notwithstanding; and the execution herein mentioned is hereby set aside; provided the adverse party, Nathaniel Martyn, be notified and served with a copy of this petition and the order thereon, fourteen days at least before the sitting of said Court.

In Council, read and concurred. Consented to by the Governor.

142. Court Records, XVII./4} 119. 25 June, 1743.

Speech of the Governor: Says the Bill for the more speedy finishing of the Land Bank or Manufactory Scheme must lie for consideration till next meeting, as he expects speedily to hear from the Lords Commissioners of Trade.

143. Court Records, XVII./4} 128. 9 September, 1743.

Speech of the Governor: Has not received any instructions concerning the Engrossed Bill entitled an Act for the more speedy finishing the Land Bank or Manufactory Scheme. The Scheme has happily subsided beyond expectation, through the measures taken by the Government, six out of seven of the Partners having paid their proportions. Has it much in heart to protect those who have complied with the Act of Parliament, and to compel those who stand out refractorily.

144. 102: 316–323. [3 November], 1743.

Memorial of Nathaniel Martin: Refers to his application for relief 17 March, 1741–42. Nothing done. Brought suit against Sam’l Stevens on Manufactory Bills, January, 1742–43. Recovered judgment. Stevens appealed in February. Judgment affirmed. Execution awarded. Stevens applied to the General Court for rehearing. Execution stayed and re-hearing granted; August, 1743, Stevens defaulted on rehearing. September session of the General Court Stevens petitioned to have his default set aside and case reopened. Execution was thereupon stayed, memorialist answered. Council voted to refer whole matter to next Court, execution meantime to be stayed. House concurred, but this did not receive Governor’s consent. Whereupon execution was revived, but as the General Court did not allow memorialist reasonable costs prayed for, he petitioned the General Court next session, which petition was dismissed in the House. Fears that he is in a fair way to be bubbled out of his rights. Recites certain transfers of property to show that Stevens has put his property out of his hands. Recites demands made on Robert Hale and John Choate which are also neglected. Asserts that the privilege of being Members of the General Court is pleaded in bar and the Sheriff will not serve writs, which proceeding has been approved by the General Court. Claims as good a right of protection for the honest and suffering possessor of bills as for the Directors.

145. Court Records, XVII./4} 195. 5 November, 1743.

The Bill entitled an Act for the more speedy finishing the Land Bank or Manufactory Scheme was read a second time in the Council and the Council concurred with amendments, which being sent down, were agreed to by the House.

146. Court Records, XVII./4} 201, 202. 8 November, 1743.

Order of Council: Recites the fact that Nathaniel Martyn has delivered to the Secretary’s clerk a libellous paper directed to the Board, called a Memorial of the said Nathaniel Martin; containing gross and scandalous reflections on the Board as well as on the House of Representatives, tending to traduce the Acts of the Government, excite a seditious spirit and having no other purpose than to affront and insult the Government. The Sheriff of Suffolk County is therefore unanimously ordered to take Martyn into custody and to keep him till further order, and the Memorial and the vote of Council are ordered to be sent down to the House.

147. 49: 182. 8 November, 1743.

[A copy of the Record given in No. 146.]

148. Court Records, XVII./4} 203. 9 November, 1743.

In the House of Representatives: Action on the Memorial of Nathaniel Martin sent down from the Council.

Resolved, That said report contains many indecent and scandalous expressions and insinuations relating to the proceedings of the Honourable Board, together with scandalous, insolent, and seditious reflections upon this House, and has a tendency to render His Majesty’s Government of this Province contemptible, and the said Martyn having been by order of His Excellency, the Governor, and the Council committed to the custody of the Sheriff of the County of Suffolk, a Joint Committee is recommended to consider what is proper further to be done in this affair.

Council concurred.

149. 102: 324, 325. 9 November, 1743.

Petition of Nathaniel Martyn addressed to the Governor and Council: Represents that he is in custody charged with being the author of a libellous paper; that when he prepared the memorial he had no design of affronting or insulting the Governor and Council, and that on carefully perusing it he cannot see what words or expressions therein are offensive; that if he has offended it has been through ignorance or inadvertence. Prays that the offensive language may be pointed out to him, in order that he may confess if guilty, or justify if innocent. Prays for opportunity to explain and defend, and for release from confinement.

150. Court Records, XVII./4} 208. 10 November, 1743.

The Committee on the Nathaniel Martin affair gave in their Report, which was not accepted, but the following vote was passed in the House of Representatives:

Inasmuch as it is represented to the House that a doubt arose in the Committee whether they were sufficiently impowered by the vote of both Houses to hear and examine the said Martin in the affair, it is therefore ordered that the Sheriff of the County of Suffolk bring the said Martyn before the Committee that he may be heard and examined by them relating to his offence; and they are impowered and directed to inquire into his abettors and encouragers if any such there be, and to send for persons and other evidences, and are to make further report accordingly.

In Council, read and concurred.

151. Court Records, XVII./4} 209. 10 November, 1743.

An Engrossed Bill entitled an Act for the more speedy finishing the Land Bank or Manufactory Scheme, having been read three several times in the House of Representatives and in the Council, was passed to be enacted by both Houses.

152. 102: 329. 11 November, 1743.

Petition of Nathaniel Martyn addressed to the Governor and Council: Is exceedingly sorry and afflicted that he should have made use of the imprudent and undutiful expressions in his first Petition as well as in the late Petition; does not justify them, but begs pardon of his Excellency and their Honors, and promises to behave himself as a dutiful and loyal subject, and entreats that he may be discharged from confinement.

153. Court Records, XVII./4} 213, 214. 11 November, 1743.

Report of the Committee of both Houses on the affair of Nathaniel Martin: Have had Martin before them in order that they might hear what he had to say in justification of the exceptionable expressions contained in his memorial. His explanation not appearing to them to be satisfactory, they recommend that he be committed to the common gaol in Suffolk County, there to remain during the present session of the Court and until he shall give certain bonds for his good behavior for six months.

Report accepted in Council and a vote passed to carry the recommendations into effect.

House concurred. Governor consented.

154. Court Records, XVII./4} 215, 216. 11 November, 1743.

A Petition of Nathaniel Martyn, acknowledging his great fault in the indecent reflections contained in his Memorial.

In Council, read and sent down.

The Secretary went down by order of the Governor and Council to propose to the House that Nathaniel Martyn should be ordered before the whole Court in the Council Chamber, that his Petition should be publicly read, and said Martyn should be admonished for his fault. To which the House agreed, and the House having come up, said Martyn appeared, and his Petition being read, the Secretary, by order of the Court, admonished him. He was then ordered to withdraw.

In Council: In consideration of the humble submission of Nathaniel Martyn, ordered that the sentence of the Court be remitted and he be discharged.

House concurred. Governor consented.

155. 59: 346. 12 November, 1743.

Vote of Council assigning the Commissioners on the affairs of the late Land Bank the room at the West end of the Court House, where the assessors used to sit.

House of Representatives concurred. Governor consented.

156. Court Records, XVII./4} 229. 12 November, 1743.

In Council: Ordered, that the Secretary be directed to publish in the Boston Gazette the Act passed by this Court in the present Session for finishing the Manufactory Scheme.

House of Representatives concurred. Governor consented.

157. Court Records, XVII./4} 231. 12 November, 1743.

In Council: Vote assigning Commissioners to finish Land Bank, a room in the West end of the Court House.

House of Representatives concurred. Governor consented.

158. Court Records, XVII./4} 248. 13 February, 1743 [–44.]

A Bill entitled an Act for explaining and amending an Act for the more speedy finishing the Land Bank or Manufactory Scheme.

In Council, read a first time.

159. Court Records, XVII./4} 256. 15 March [February?], 1743 [–44.]

A Bill entitled An Act to explain a paragraph in an Act entitled an Act for the more speedy finishing the Land Bank or Manufactory Scheme. In Council, read a first time.

160. Court Records, XVII./4} 269. 22 February, 1743 [–44.]

An Engrossed Bill entitled an Act to explain a paragraph in an Act Entitled an Act for the more speedy finishing the Land Bank or Manufactory Scheme, having been read three several times in the House of Representatives and Council, was passed to be enacted by both Houses.

161. Court Records, XVII./4} 480. 16 August, 1744.

A Bill entitled an Act in further addition to and explanatory of an Act for the more speedy finishing the Land Bank or Manufactory Scheme.

In Council, read a first and second time and passed to be engrossed.

162. Court Records, XVII./4} 490. 17 August, 1744.

An Engrossed Bill entitled an Act in further addition to and explanatory of an Act for the more speedy finishing the Land Bank or Manufactory Scheme, having been read three several times in the House of Representatives and Council, was passed to be enacted by both Houses.

163. Court Records, XVII./4} 494. 18 August, 1744.

In the House of Representatives. Forasmuch as this Court are informed that there have been paid in to the late Directors of the Manufactory Scheme (so called) by the late partners, and are now in the hands of Samuel Adams, Esq., considerable quantities of said Company’s bills, remaining unconsumed, and the Commissioners appointed by law to order and adjust the affairs of said scheme have received and from time to time may receive further sums in said bills; the receiving of which till said Scheme shall be finished will be attended with great risk and other inconveniences, therefore, Ordered, that the Commissioners may burn the bills received or to be received.

In Council read and concurred. Governor consented.

164. Court Records, XVII./4} 562. 5 December, 1744.

John Jeffries, Esq., from the Commissioners on the affair of the Land Bank or Manufactory Scheme gave in a Report of their further proceedings in the said affair, which was read and approved of in the Council and sent down to the House.

165. Court Records, XVII./4} 604. 27 December, 1744.

A Bill entitled an Act for the more speedy finishing the scheme commonly called the Fifteen Year Silver Scheme and for the better securing the possessors of bills issued thereon; having been read three several times in the House of Representatives, and then passed to be engrossed, was in Council read a first time and committed.

166. 102: 351. December, 1744.

Robert Hale in account with Land Bank partners. Memorandum Account covering transactions 30 July, 1740, to December, 1744.

167. Court Records, XVII./4} 674. 2 February, 1744 [–45.]

The Bill entitled an Act for the more speedy finishing the scheme commonly called the Fifteen Years Silver Scheme, in Council read a second time and passed to be engrossed.

168. Court Records, XVII./5} 298, 299. 7 February, 1745 [–46.]

A Memorial of John Jeffries and Samuel Danforth, Esqrs., two of the Commissioners appointed to settle the affairs of the Land Bank, setting forth their proceedings herein, more especially in their making an assessment upon the partners for paying off the charges of the Company with the list or schedule of the said assessment herewith, presented for the approbation and allowance of this Court.

In Council, read and voted that the foregoing Report and the assessment thereunto annexed be and the same are hereby approved and allowed.

In the House of Representatives, read and concurred.

Consented to by the Governor.

169. 102: 363. 13 August, 1747.

Petition of Andrew Lane to the Governor and Council. The petitioner has two actions pending as possessor of notes of the Silver Scheme. He alleges that three of the Justices of the Superior Court were partners in said scheme, and are therefore unqualified to sit in these cases. Therefore he prays for special Justices to sit in trial on his cases.

170. Court Records, XVIII. 223. 4 September, 1747.

In the House of Representatives: Ordered, that there shall be a Joint Committee who shall consider and report what is necessary to be done for the further relief of those persons who are concerned in the late Land Bank Scheme.

In Council, read and concurred.

171. Court Records, XVIII. 341. 21 April, 1748.

In the House of Representatives: Voted, that the Commissioners appointed to adjust the affairs of the late Land Bank and Manufactory Scheme be directed to bring before this Court at the next May session an account of the several sums they have received and discharged themselves by virtue of their said appointments.

In Council, read and concurred. Consented to by the Governor.

172. 102: 377. 21 April, 1748.

[Same Record as No. 171.]

173. 102: 382–384. 23 June, 1748.

Memorial of the Commissioners appointed to adjust and settle the affairs of the late Land Bank or Manufactory Scheme, representing that they have kept books of account showing receipts and disbursements, but they were consumed with the Court House by fire. They know of no way of ascertaining what partners have paid except by calling in the receipts which they have given. Have called upon partners to produce their receipts, but they fail to respond. Wherefore petitioners pray that this and a memorial submitted in April, may be taken under consideration.

Action of House and Council thereon. A joint Committee appointed to report next session.

174. Court Records, XVIII. 383. 23 June, 1748.

A Memorial of John Jeffries and Samuel Danforth, Esqrs., Commissioners for settling the affairs of the late Land Bank or Manufactory Scheme, shewing that they were not able to finish the same before the Court House was burned. Their papers and books were lost and they are now utterly unable to finish the business without assistance from the Court. They pray that the Court take such measures as they shall judge proper.

In the House of Representatives: Joint Committee ordered to consider and report what they judge proper for the Court to do therein, report to be made at the beginning of the next session.

Council concurred.

175. 102: 361. [1748?].

Draft of a Certificate that Samuel Watts and George Leonard are the only Directors or Partners of the late Land Bank, or Manufactory Company, who have been elected and appointed Councillors since that Company was formed; that they have neither debated nor voted on any subject before the Council connected with the Land Bank, and have never spoken in any debate or argument upon such matters, except when called upon for information. Not signed.

176. 136: 83–99. [1748?].

List of some of the Partners of the late Manufactory Scheme who have paid their assessments, made up from several pieces of paper saved from the fire. 576 receipts. 580 names. With a statement showing amounts paid in ounces of silver and in Old Tenor.

177. 136: 100–112. [1748?].

Alphabetical list of 823 names. [Pencil notation: Land-Bank Proprietors, Alphabetical List of the same names as on the preceding pages.]

178. Court Records, XVIII. 403. 11 November, 1748.

A Bill entitled an Act in further addition to the Act for the more speedy finishing the Land Bank or Manufactory Scheme, was read in Council a first and second time, and passed to be engrossed.

179. Court Records, XVIII. 435. 3 January, 1748 [–49.]

His Excellency signed his consent to an Engrossed Bill, (passed to be enacted by both Houses,) entitled an Act in further addition to an Act entitled an Act for the more speedy finishing the Land Bank or Manufactory Scheme.

180. 102: 416. 2 February, 1748–49.

Petition of John Osborne and Thomas Oxnard, addressed to the Governor and Council: Petitioners represent that they were Partners in the late Silver Scheme; causes connected therewith are pending before the Superior Court of Judicature; some of the Judges apprehend that they are incompetent to try these causes; wherefore they pray for the appointment of some disinterested Judges.

181. Court Records, XIX. 152. 4 April, 1750.

Petition of John Brown and others for adjustment of affairs between Partners and Directors of the Land Bank. Hearing begun before the General Court, in presence of both the Council and the House of Representatives, but adjourned because the Directors had not filed any written answer. Petition returned to the House.

182. Court Records, XIX. 154. 5 April, 1750.

Petition of John Brown and others, Partners in the late Society called the Land Bank, complaining of the Directors and praying for relief.

In the House of Representatives, read and ordered that the Petitioners serve the late Directors of the Land Bank or Manufactory Scheme with a Copy of the Petition, and that they give answer thereto on Friday morning, the sixth current.

In Council, read and concurred.

183. Court Records, XIX. 163. 10 April, 1750.

Petition of John Brown and others, Partners, complaining of the Directors of the Land Bank and praying for relief. The Secretary was sent down to the House of Representatives to acquaint them that the Lieut.-Governor and the Council were ready to attend to the hearing. The House having come up, the Partners were called in, and the Answer of the Directors and the other papers in the case were read. The hearing was then adjourned till afternoon, when the whole Court met in the Council Chamber and it was renewed. Continued over till to-morrow.

184. Court Records, XIX. 163. 11 April, 1750.

In the House of Representatives: Petition of Samuel Stevens of Roxbury, one of the Partners in the late Land Bank, complaining of the cruel exactions made upon him for the payment of the Land-Bank notes, by which he is in danger of being utterly ruined, and praying for relief. Read and ordered that the Petitioner serve the Commissioners and Directors of the late Land-Bank Scheme with Copies of the Petition, that they show cause, if any they have, why the prayer thereof be not granted.

In Council, read and concurred.

185. Court Records, XIX. 164. 11 April, 1750.

Petition of John Brown and others, Partners in the Land Bank. The whole Court met this day, according to order, and proceeded to the hearing of the matter in controversy, after which the Partners withdrew, and the House returned to their chamber.

186. Court Records, XIX. 168. 13 April, 1750.

Petition of John Brown and others, Partners in the Land Bank. In Council, a Vote was passed on the Petition and sent down to the House of Representatives.

187. Court Records, XIX. 203. 21 June, 1750.

Petition of John Brown and others, Partners in the Land Bank.

In the House of Representatives: Ordered, that the Petition and other papers in the case be referred to a Joint Committee to hear the parties and report what they judge proper for this Court to do.

In Council, read and concurred.

188. Court Records, XIX. 219. 2 July, 1750.

Petition of Samuel Stevens of Roxbury, one of the Partners in the late Land-Bank Scheme, complaining of great wrongs and oppressions, more especially from the conduct of the Commissioners, and praying for relief.

In Council, read and ordered that this Petition be committed to the gentlemen appointed to consider the Petition of John Brown and others.

In the House of Representatives, read and concurred.

Consented to by the Lieut.-Governor.

189. Court Records, XIX. 219. 2 July, 1750.

In Council: The Commissioners appointed by this Court, for adjusting and finishing the affairs of the late Land Bank or Manufactory Scheme, ordered to lay an account of their proceedings therein before this Court on the first day of their next sitting.

In the House of Representatives, read and concurred.

Consented to by the Lieut.-Governor.

190. Court Records, XIX. 242. 10 October, 1750.

In Council: It appearing to the Board that the Vote of the Court of the 23 of April, 1742, appointing a Committee to consider and report what is necessary to be done in relation to the Silver and Manufactory Schemes, so called, and the two Reports of the Committee dated 30 June, 1742, affect a great number of persons within the Government, and the record of said Votes being burnt, therefore: The Secretary is ordered to cause the said Votes to be recorded immediately after this vote in the General-Court books.

In the House of Representatives, read and non-concurred.

191. Court Records, XIX. 246. 11 October, 1750.

Report of Committee to whom was referred the Petition of John Brown and others, Partners in the late Land Bank: Committee have attended to their duties, and have heard the Directors and Partners. They think it desirable that the relations between the Directors and Partners shall be adjusted before another assessment shall be approved. They recommend that the Commissioners be required to make up a Statement of Account from such books as have been saved from the fire and from such papers as they have, in the best manner that they can. They also recommend that surviving Directors and Partners be required to furnish individual statements of what they have received and paid. That the Commissioners be required to lay before the Court a Statement of the condition of the Bank when turned over to them, and of moneys received and paid by them under authority of the Acts of this Court. The Commissioners to act during recess of Court.

In Council, read and accepted.

In the House of Representatives, read and concurred.

Consented to by the Lieut. Governor.

192. Court Records, XIX. 247. 11 October, 1750.

Report of the Committee to whom was referred the Petition of Samuel Stevens, one of the Partners of the late Manufactory Scheme: Have fully considered same, and recommend that the Commissioners appointed for finishing said Scheme be instructed to apply the effects of such judgments as they have recovered against delinquents, and which remain unsatisfied, for reimbursing Petitioner three hundred pounds, Manufactory bills, lodged by Nathaniel Martyn in the Clerk’s Office, County of Suffolk, which bills the Petitioner was obliged to redeem, after he had paid considerable sums over and above the proportion of the Company’s bills that he took out.

In Council, read and accepted, and ordered that the Commissioners conform themselves accordingly.

In the House of Representatives, read and concurred.

Consented to by the Lieut.-Governor.

193. 102: 539. 11 October, 1750.

Memorial of two of the Commissioners appointed to adjust the affairs of the late Land Bank or Manufactory Scheme, addressed to the Lieut.-Governor and Council: Represents that they are prevented from meeting oftener than once a fortnight, by law, unless the Governor and Council direct them to meet more frequently. The business assigned them by the General Court will require constant attendance. They therefore pray for instructions.

Order of Council, that Memorialists have leave to sit as often as they find it necessary. Consent of the Lieut.-Governor.

194. Court Records, XIX. 257. 15 January, 1750 [–51.]

John Jeffries and Samuel Danforth, two of the Commissioners for settling the affairs of the late Land Bank, pursuant to an order of this Court in October last, filed an Account of the state of affairs of said Company, according to their best light.

In Council, read and committed to the Committee appointed to consider the Petition of John Brown and others.

In the House of Representatives, read and concurred.

195. Court Records, XIX. 259. 17 January, 1750 [–51.]

Petition of Samuel Stevens of Roxbury, complaining of the great hardships he has suffered by the conduct of the Commissioners on the affair of the late Land Bank, wherein he was a partner, praying that the Court appoint other Commissioners in that affair, or otherwise relieve him.

In the House of Representatives, read and committed to the gentlemen appointed on the Petition of Capt. John Brown and others.

In Council, read and concurred.

196. Court Records, XIX. 273. 26 January, 1750 [–51]

In the House of Representatives: The Committee of both Houses appointed on the Petition of Capt. John Brown and Capt. Samuel Stevens directed to sit forthwith, and to report as soon as may be.

197. 102: 550, 551. 28 January, 1750 [–51]

William Stoddard’s Statement of Account and Report relative to the trading ventures of the Manufactory Company, addressed to the Commissioners of the late Land Bank: Has given a particular account of bills received and goods which came into his hands. The account is for goods bought for a trading stock, and for vessels bought and hired and their outfit and charges. Statement as to his individual work. Statement showing £6535 of bills outstanding when Commissioners were appointed. Statement showing amounts due from Directors.

198. Court Records, XIX. 301. 21 February, 1750 [–51.]

In the House of Representatives: It was voted that there should be a Joint Committee which should sit in the recess of the Court, to take under consideration the Accounts of the Commissioners of the Land Bank, the Accounts of the Directors as a collective body, and the Accounts of delinquent Partners, and should adjust and settle all the aforesaid accounts and report thereon the first day of the next session.

Council non-concurred, and voted that a conference be held between the two Houses on this subject.

House of Representatives concurred.

Council appointed a Committee of Managers for the conference. Conference held same day. After which Council adhered to its vote, with amendments.

199. 102: 565. 22 February, 1750 [–51.]

Vote of Council, appointing a Joint Committee to examine and make strict inquiry into any moneys or other effects that may have been received by the Directors of the Land-Bank Company jointly and distinct from any money or effects with which they stand charged in their particular accounts. Also to consider the accounts of the Commissioners for finishing the Land Bank.

Amendments of the Council.

Concurred in by the House. Finally passed. Committee to sit in recess.

Consented to by the Governor.

200. Court Records, XIX. 304. 22 February, 1750 [–51.]

[Record of the Proceedings set forth in No. 199.]

201. 102: 599. 19 April, 1751.

Report of Committee, 17 April, appointed to consider the Accounts of the Directors of the Land Bank collectively and the Accounts of the Commissioners; amounts due from Directors and from estates of deceased Directors; amount of assessment on Directors recommended; also recommending that those whose names were published in the Boston Gazette, 21 August and 13 November, 1744, be held for their assessments with interest and ten per cent additional; that those whose names were published in the Boston Evening Post [supplement], 27 December, 1745, be held to their assessments with interest and five per cent additional; recommending further assessments if found necessary, and that a suit be brought; have considered Accounts of Commissioners and submit a copy.

In Council, 17 April, read and accepted, with amendments.

In the House of Representatives, 18 April, read and concurred, with an amendment. A Committee appointed to bring in a Bill.

In Council, 19 April, read and Council joined in the Committee.

202. Court Records, XIX. 330. 19 April, 1751.

[Record of the Proceedings set forth in No. 201.]

203     Court Records, XIX. 331. 19 April, 1751.

A Bill entitled an Act in addition to the several laws already in being for the more speedy finishing the Land Bank or Manufactory Scheme was read in Council, a first and second time, and passed to be engrossed.

204. 102: 602. 23 April, 1751.

Petition of Thomas Cheever of Lynn, 22 April, late a Director in the Land Bank, so called, to the General Court: Setting forth that the Bill now pending for finishing the Land Bank, which declares that a large sum is due from the Petitioner, will work him a great injury if passed; alleging that he has paid in all bills received by him, except so much as he reserved for commissions and for his expenses while in gaol; that a part of the amount alleged to be due arose from his retaining in his hands a sum of Government bills for near two years, which were held by him because suits were brought against him for redemption of Land-Bank bills, winch Government bills were finally applied in satisfaction of said suits; but meantime Government bills had declined and Land-Bank bills gone up, hence the loss. Relies upon the General Court not to take advantage of his broken and shattered state of mind caused by his Land-Bank troubles.

Read in both Houses, 23 April, and dismissed in the House of Representatives.

205. Court Records, XIX. 336. 24 April, 1751.

An Engrossed Bill entitled an Act in addition to the several laws already in being for the more speedy finishing the Land Bank or Manufactory Scheme, having been read three several times in the House of Representatives and Council, passed to be enacted by both Houses, and signed by the Lieut.-Governor.

206. Court Records, XIX. 340. 26 April, 1751.

John Wheelwright, Esqr., Chairman of the Committee on the Land-Bank affair, was directed by the Lieut.-Governor and Council to deliver to the Commissioners for adjusting and settling those affairs the books and papers (in the Committee’s hands) relating to the said Land-Bank affairs.

207. 320: 219. [No Date. 1751?]

List of Delinquents who have failed to meet the assessments of the Commissioners of the Land Bank, with notations relative to the condition of the claims, covering Suffolk, Essex, Middlesex, Worcester, Bristol, Dukes, Plymouth, Barnstable, Hampshire, and York counties.

208. Council Records, 12: 247. 30 January, 1752.

Vote authorizing Commissioners to sit two days each week until the next session of the General Court.

209. Bundle 279: 754. Boston, 1 April, 1752.

Order of Jeffries and Danforth, Commissioners to finish the Land Bank, on Sheriff Pollard for fifty-five pounds fifteen shillings and six pence, in favor of Capt. Samuel Stevens of Roxbury, in part of what the subscribers are directed by the Great and General Court to pay to him to refund what moneys he has advanced for the redemption of the bills of said Company.

210. 103: 44. 23 December, 1752.

Petition of Benjamin Pollard, Sheriff of Suffolk County, 14 December, to the General Court: setting forth a supposed defect in the law, which prevents the execution of the Warrants of Distress authorized to be issued by the Commission for closing the Land Bank.

Read in Council, 14 December, and Committee ordered to prepare a Bill.

Read in the House, 15 December, and Petition dismissed.

Read in the House, 23 December; vote of dismissal reconsidered, and vote of concurrence in the appointment of a Committee to prepare a Bill passed.

211. Court Records, XIX. 523. 3 January, 1753.

A Bill entitled An Act in further addition to the several laws already in being for the more speedy finishing the Land Bank or Manufactory Scheme, read in Council a first and second time, and passed to be engrossed.

212. 103: 99. 9 April, 1753.

Committee ordered to prepare a Bill based upon the Memorial of Sheriff Pollard.

213. Court Records, XX. 16. 9 April, 1753.

In the House of Representatives: The Committee of both Houses appointed the twenty-third of December last to prepare the draught of a Bill on the Memorial of Benjamin Pollard, Esq., respecting the Manufactory Scheme, &c., directed to prepare the Bill as soon as may be.

In Council, read and concurred.

214. 103: 116. 12 April, 1753.

In the House of Representatives: The Committee of both Houses appointed to prepare a Bill for the more speedy finishing the Land Bank, &c., directed to sit forthwith and report thereon as soon as may be.

In Council, read and concurred.

215 Court Records, XX. 21. 12 April, 1753.

[Record of the Proceedings set forth in No. 214.]

216. 103: 151. 19 June, 1753.

Appointment of a Joint Committee of the House of Representatives and Council, to inspect and examine the Accounts of the Commissioners of the Land Bank or Manufactory Scheme, and report at the next sitting the present state of the Accounts and what they judge proper to be done.

Concurred in by the Council.

Consented to by the Lieut.-Governor, 19 June.

217. 103: 152. 19 June, 1753.

Leave granted to Commissioners to sit two days in each week, in order to settle their Accounts with the Sheriffs to whom they have sent Warrants of Distress, and to prepare a Statement of the affairs of the Land Bank to be laid before the Committee of the General Court.

218. Council Records, 12: 296. 20 June, 1753.

[Record of the Proceedings set forth in No. 217.]

219. Court Records, XX. 127. 21 December, 1753.

A Bill entitled an Act in further addition to the several Laws already in being for the more speedy finishing the Land Bank or Manufactory Scheme.

In Council, read a first and second time, and passed to be engrossed.

220. Court Records, XX. 177. 21 January, 1754.

In the House of Representatives: Order that a Joint Committee prepare a Bill in addition to the several Acts for the more speedy finishing the Land Bank or Manufactory Scheme.

In Council, read and concurred.

221. Court Records, XX. 226. 18 April, 1754.

A Bill entitled an Act in addition to the several laws already in being for the more speedy finishing the Land Bank or Manufactory Scheme.

In Council, read a first time.

222. Court Records, XX. 226. 19 April, 1754.

The Bill entitled an Act in addition to the several laws already in being for the more speedy finishing the Land Bank or Manufactory Scheme, read in Council a second time, and passed in concurrence to be engrossed.

223. Court Records, XX. 231. 19 April, 1754.

In Council: Upon a motion made and seconded, the Bill entitled an Act in addition to the several laws already in being for the more speedy finishing the Land Bank or Manufactory Scheme was reconsidered, and upon further debate thereon the said Bill was non-concurred.

224. 103: 233–235. 19 February, 1755.

An Act in further addition to the several laws already in being for the more speedy finishing the Land Bank or Manufactory Scheme:

  1. § 1. Same as Province Laws, III. 802, § 1.
  2. § 2. “ “ “ “ “ “ § 2.
  3. § 3. “ “ “ “ “ “ §3, down to second paragraph, then: Every execution against a Sheriff or a purchaser or occupant of an estate that may be conveyed as aforesaid to be stayed until moneys sufficient to discharge costs and charges can be raised.
  4. Rest of § 3. Same as Province Laws, III. 802, § 3.
  5. § 4. “ “ “ “ “ “ § 4.
  6. § 5. Possessors of Bills of Land Bank required to file a statement of same with Commissioners by 1 January, 1754, under fifty pounds penalty for failure to do so.

In the House of Representatives: Read a first time, 13 April, 1754; read a second and third time, and passed to be engrossed, 16 April.

In Council: Read a first time, 18 April, 1754; read and non-concurred, 19 April, 1754; bill revived and referred to a Joint Committee, 19 February, 1755.

House concurred in reference same day.

225. Court Records, XX. 412. 21 February, 1755.

A Bill entitled an Act in further addition to the several Acts already in being for the more speedy finishing the Land Bank or Manufactory Scheme was read in Council a first time.

226. Court Records, XX. 415. 22 February, 1755.

The Bill entitled an Act in further addition to the several laws already in being for the more speedy finishing of the Land Bank or Manufactory Scheme was read in Council a second time, and passed to be engrossed.

227. 103: 307. 25 February, 1755.

An Act in further addition to the several laws already in being for the more speedy finishing the Land Bank or Manufactory Scheme:

  1. § 1. Same as Province Laws, III. 802, § 1.
  2. § 2. “ “ “ “ “ “ § 2, down to and including “expiration of said term,” eighth line, p. 803, then “and hath no lawful agent or attorney therein, and hath not within said term been duly notified of such sale.”
  3. § 3. Same as Province Laws, III. 803, § 3, down to end of first paragraph, then clause providing that executions against Sheriff or occupants shall be stayed until costs and charges can be raised. Second paragraph same as in Province Laws.
  4. § 4. Same as Province Laws, III. 803, § 4.
  5. § 5 of Province Laws omitted.

In Council, 21 February, read and amended in first Section. In the House of Representatives, 25 February, read first, second, and third times, and passed in concurrence.

228. Court Records, XX. 421. 27 February, 1755.

An Engrossed Bill entitled an Act in further addition to the several laws already in being for finishing the Land Bank or Manufactory Scheme, having been read three several times in the House of Representatives and Council, passed to be enacted by both Houses, and signed by the Governor.

229. 103: 382. 21 January, 1756.

Vote of Council authorizing Commissioners for settling the affairs of the late Land Bank to sit three times a week if they should deem it necessary in order to finish said Scheme to make another assessment. Signed by the Lieut. Governor.

230. Court Records, XXI. 230. 7 July, 1756.

Petition of Samuel Stevens of Roxbury, a partner in the Land-Bank Company, complaining of the dilatory proceedings of the Commissioners appointed to settle the affairs of said Company, by which means he has been prevented from receiving the benefit of an order passed by the General Court near six years ago, and without speedy relief is likely to be ruined in his estate; praying that the Court will give effectual orders to redress his grievances.

In the House of Representatives: Ordered, that the Petitioner serve the Commissioners appointed to finish the Land Bank or Manufactory Scheme with a copy of this remonstrance and complaint, and that they make answer on Friday next, if the Court be then sitting; if not, on the first Friday of the next sitting.

In Council, read and concurred.

231. 103: 501–506. [1756 ?]

A six page document, signed by Timothy Stevens, devoted to the rehearsal of his wrongs in connection with the Land Bank, addressed to the Committee appointed to consider the Petition of Timothy Stevens and to settle the Land-Bank affairs: Alleging that the Act of Parliament had been perverted to distress such as him, while the Directors, especially in Governor Shirley’s day, had been screened. Intimating that he [i. e. Gov. Shirley] had received a premium in Manufactory Bills. Asking for relief.

232. Court Records, XXI. 247. 20 August, 1756.

Petition of Samuel Stevens, entered 6 July, 1756, read again in Council, together with the answer of the Commissioners, &c. A Joint Committee ordered to take the Petition and Answer under consideration, hear the parties (if they think proper), and make report thereon as soon as may be.

In the House of Representatives, read and concurred.

233. Court Records, XXI. 276. 10 September, 1756.

Report of Joint Committee on the Petition of Samuel Stevens and the answer of the Commissioners, &c. thereto: Recites the fact that, shortly after the arrival of the Act of Parliament, Stevens was sued for the redemption of £300 Manufactory bills; at that time he was himself a delinquent, but pending this suit he paid certain persons £300 in redemption of Manufactory bills and the suit was thereupon discontinued, no judgment being entered and no payment being made by Petitioner of the sum demanded. Afterwards the same Plaintiff brought suit against Timothy Stevens, son of Petitioner, and recovered judgment. To enable Timothy to settle this judgment, Petitioner mortgaged his estate. Afterwards, in October, 1750, the Commissioners were ordered by the General Court to reimburse Petitioner the value of three hundred pounds Manufactory bills. The Report refers to certain errors in the statement of Petitioner, in which he confounds the suits against his son and himself, but does not regard these misstatements as material. The payments to Petitioner by Commissioners are recited, and they charge him with a parcel of real estate set over to him by the Commissioners, of which he has been unable to get possession. They report the balance still due.

In Council, read and ordered that the Report be accepted.

In the House of Representatives, read and concurred.

234. 103: 515–517. 11 January, 1757.

Two Warrants of Distress, under the Act passed 24 April, 1751, issued by the Commissioners against Joshua Wellis and Solomon Perkins, both of Bridgewater.

235. 103: 613. 14 January, 1758.

Petition of Samuel Stevens, addressed to the General Court: Represents that Nathaniel Martyn, a possessor of Land-Bank bills, sued him on Some of them; that judgment was recovered, and the bills redeemed, and destroyed; that for fourteen years he had sought relief from the Commissioners; that a farm had been deeded to him by warranty deed from the Sheriff of Suffolk County, and possession had been given him, but on trial of title in suit brought by former owner, judgment had been rendered against petitioner; that he has no recourse except against the estate of the Sheriff, since deceased, and had been forbidden by the Commissioners to seek relief from the Sheriff’s estate; that he had been obliged to borrow the money with which he redeemed the bills, and suit had been brought against him for same. Prays for relief.

Dismissed in Council.

236. Court Records, XXII. 249. 10 March, 1758.

Memorial of Commissioners appointed to settle Land-Bank affairs, setting forth the difficulties they have experienced in their work, and praying for a lottery. Joint Committee appointed to consider the Memorial.

237. Court Records, XXII. 264. 18 March, 1758.

Report of Committee to whom was referred the Memorial of Commissioners appointed to settle Land-Bank affairs, recommending that, before their prayer for a Lottery be granted, the amount of bills outstanding ought first to be ascertained; that possessors of bills ought to be compelled within a certain period to bring them in and have them marked so that they can be, identified; that after the expiration of the limit their currency ought to be prohibited, and that a Lottery at this time is inconvenient.

Read in Council, and accepted.

House concurred, and appointed a Committee to bring in a Bill.

Council concurred.

238. Court Records, XXII. 278. 23 March, 1758.

Bill for discovering the quantity of Manufactory bills still outstanding, passed in Council to be engrossed.

In the House of representatives, read three times, and passed in concurrence to be engrossed.

239. Court Records, XXII. 282. 24 March, 1758.

Bill for discovering the quantity of Manufactory bills still outstanding, passed to be enacted in both Houses.

240. 103: 681. January, 1759.

Petition of George Leonard to the General Court: Petitioner was one of the Manufactory Company, and long ago paid up all borrowed money; has paid all assessments, and is a great loser by the Scheme; notwithstanding which James Otis has recovered judgment on Company bills against him for £743 8s. 7d. lawful money; that Commissioners promised to redeem said bills, but have failed to do so. Prays that Commissioners be directed to pay to Petitioner the amount of debt and cost recovered against him.

241. Court Records, XXII. 479. 26 January, 1759.

[Record of the Proceedings set forth in No. 240, in which the judgment is stated to have been £843 8s. 7d.]

242. 103: 683. January, 1759.

Petition of Benjamin Jacob to the General Court: Petitioner was one of the Manufactory Company, and long ago paid up all borrowed money; has paid all assessments, and is a great loser by the Scheme; notwithstanding which, Robert Treat Paine has recovered judgment on Company bills against him for £67 11s. 3d. and £4 13s. 9d. costs, lawful money; that Commissioners promised to redeem said bills, but have failed to do so. Prays that Commissioners be directed to pay to Petitioner the amount of debt and costs recovered against him.

243. Court Records, XXII. 479. 26 January, 1759.

[Record of the Proceedings set forth in No. 242.]

244. Court Records, XXII. 479. 26 January, 1759.

Order of the House of Representatives, appointing a Joint Committee, to which were referred the Petitions of George Leonard and Benjamin Jacob, for relief from judgments against them as partners in the Land Bank, recovered by possessors of bills.

Concurrence of the Council.

245. Court Records, XXII. 483. 29 January, 1759.

In Council: Samuel Waldo, Esq. was ordered to be of the Committee on the Petitions of George Leonard, Esqr., and Mr. Benjamin Jacob in the room of John Cushing, Esqr., who is called to attend the Superior Court.

In the House of Representatives, read and concurred.

246. 103: 685. 30 January, 1759.

In the House of Representatives: 25 January, Order naming the members of a Joint Committee on its part to consider the Petitions of George Leonard and Benjamin Jacob.

In Council: 26 January, concurred, and Committee on its part named; 29 January, Order, with reference to one of the names.

House concurred, 30 January.

247. 103: 685, reverse. 2 February, 1759.

John Cushing added to Committee of Reference.

248. Court Records, XXII. 498. 2 February, 1759.

Order of Council, adding John Cushing to the Joint Committee appointed 26 January, 1759, to whom were referred the Petitions of George Leonard and Benjamin Jacob.

249. Court Records, XXII. 553. 19 March, 1759.

An Act in further addition to the several laws now in being for the more speedy finishing the Land Bank or Manufactory Scheme, having passed to be engrossed in the Council, was read three times in the House, and passed to be engrossed in concurrence.

250. 103: 688–693. 19 March, 1759.

An Act in further addition to the several laws now in being for the more speedy finishing the Land Bank or Manufactory Scheme appointing new Commissioners.

Same as Province Laws, IV. 189.

251. Court Records, XXIII. 60, 61. 5 October, 1759.

Order of Council, that the Commissioners to settle Land-Bank affairs transmit to the Assessors of Towns, or to Town Clerks, a List of the names of resident partners, such Assessors to transmit to the Commissioners an account of such partners, whether deceased, or removed or still resident, with a Statement of the last assessments made on the surviving partners.

House non-concurred.

252. 103: 739. 4 January, 1760.

Petition of the Directors and some of the Partners of the late Land-Bank Company, addressed to the General Court, representing that the affairs of the Company remain unfinished and perplexed; that all accounts and papers were consumed with the Court House in the fire in 1747; that many material facts can only be shown through memory; that this makes progress in settlement uncertain and unsafe, and adds to the difficulty of executing existing laws for closing the affairs of the Company. To relieve Directors and Partners from this uncertain position they pray for a Lottery.

Joint Committee appointed to consider the matter.

253. Court Records, XXIII. 129. 4 January, 1760.

Petition of William Stoddard and others, Directors and Partners of the late Land Bank, representing their unhappy circumstances, through the loss of their books and papers by the burning of the Court House in 1747, and praying that a Lottery may be authorized in order to raise money so that the Commissioners may bring the affair to a speedy conclusion.

Committee named by the House to act with such as the Council may join.

Council concurred, and named their members to act on the Joint Committee.

254. Court Records, XXIII. 221. 8 February, 1760.

The Committee appointed, 4 January, to consider the Petition of William Stoddard and others, late Partners in the Land-Bank Scheme, reported, recommending that the prayer of the Petitioners be granted, and submitting a Bill for a Lottery in accordance therewith.

Report read, and referred back to fill in names of Managers of the Lottery. This having been done, it was read and accepted in Council, and passed to be engrossed.

House concurred.

255. Court Records, XXIII. 221. 8 February, 1760.

The Bill for a Lottery in aid of the Land Bank, having passed the Council to be engrossed, was read three times and passed to be engrossed in concurrence.

256. 103: 779–786. 8 February, 1760.

An Act for raising a sum of money by Lottery, for drawing in such of the notes or bills of the late Land Bank or Manufactory Company as are yet outstanding.

Same as Province Laws, IV. 288.

257. Court Records, XXIII. 225. 9 February, 1760.

An Engrossed Bill entitled An Act for raising a sum of money by Lottery for drawing in such of the notes or bills of the late Land Bank or Manufactory Company as are yet outstanding, having passed the House of Representatives to be enacted, was read three times in Council, and passed in concurrence to be enacted.

258. 104: 5. 12 June, 1760.

Vote of House of Representatives authorizing the Commissioners appointed to finish the affairs of the late Manufactory Company to take, in behalf of the Company, any tickets remaining unsold at the time set by the Managers for drawing the same, under certain restrictions and with provisions covering the cases of profit or loss.

Concurrence of Council.

259. Court Records, XXIII. 393. 12 June, 1760.

[Record of Vote given in No. 258.]

260. 104: 64–66. 17 April, 1761.

Petition of Samuel Stevens: Representing that in 1750 the General Court passed an order directing the Commissioners for finishing the Land-Bank Scheme to reimburse Petitioner three hundred pounds which he had redeemed of the bills more than his proportion; that a farm had been assigned to him, taken on execution from a delinquent partner, but Petitioner had been dispossessed; that Petitioner had brought action against the Sheriff’s estate, which has been pending several years; that the General Court of 1756 voted that Petitioner should stand charged with said farm, because he had brought no action of ejectment; that he has already tried the title of the estate in an action, and that the Lottery Act cuts off the relief to which the Sheriff’s estate would be entitled if he should recover damages, by cutting off assessments. Prays that money raised by Lottery may be applied to his relief.

Referred in the House to a Joint Committee.

Council concurred.

261. Court Records, XXIII. 713. 17 April, 1761.

[Record of the Proceedings set forth in No. 260.]

262. 104: 64. 20 April, 1761.

In the House of Representatives, Order, changing Committee to whom the Petition of Samuel Stevens, 17 April, was referred.

Concurrence of Council.

263. Court Records, XXIII. 726. 20 April, 1761.

[Record of the Proceedings set forth in No. 262.]

264. 104: 68. 21 April, 1761.

Report of Committee to whom was referred the Petition of Samuel Stevens recommending that the consideration of the matter be referred to the second Wednesday of the May session.

In Council, read, accepted, and referred accordingly.

In the House of Representatives, read and concurred.

265. Court Records, XXIII. 731. 21 April, 1761.

[Record of the Proceedings set forth in No. 264.]

266. Court Records, XXIV. 86. 7 July, 1761.

Petition of Samuel Stevens to be relieved out of first money from Lottery, presented 17 April, read in Council and revived, and referred to a Joint Committee for report.

House concurred.

267. 104: 64. 9 July, 1761.

In Council, 7 July, Petition of Samuel Stevens, presented 17 April, read and revived, and referred to a Joint Committee for report.

House concurred, 9 July.

268. 104: 67. 11 July, 1761.

In Council: The Committee on the Petition of Samuel Stevens represented that its consideration would require more time, and it was ordered that it be referred to the first Friday of the next sitting of this Court. Sent down for concurrence.

269. Court Records, XXIV. 94. 11 July, 1761.

[Record of the Proceedings set forth in No. 268, except that the reference is to the first Tuesday.]

270. Court Records, XXIV. 138, 139. 25 November, 1761.

Order of the House of Representatives extending the time for closing the Lottery authorized in behalf of the Land Bank for six months from the first of December next. Commissioners directed to forbear from assessments meantime.

Council concurred. Governor consented.

271. 104: 141–144. 22 January, 1762.

Petition of Samuel Stevens: Representing that for fifteen years he has been applying for relief; that when he settled his estate on his son Timothy he settled with the Manufactory Company for his proportion of the bills, and has paid all assessments, also all other debts, and settled their several proportions upon all his children; that his son Timothy then reconveyed the estate to him for life; that Nathaniel Martin recovered judgment against him about 1742 for £300 in Manufactory bills; that the terrors of premunire occasioned his confinement in his house for a year; that Martin then brought action against Timothy Stevens and recovered judgment, to satisfy which Timothy was obliged to mortgage his private estate together with Petitioner’s for £4,000 O. T. This mortgage was foreclosed, and Timothy was unable to exercise his privilege of redemption. The creditor immediately conveyed to the two youngest daughters of Petitioner, who with ease borrowed the necessary money on the same security. These daughters have commenced an action of ejectment against Petitioner and Timothy. Nothing has been done to relieve Petitioner either by assessment or Lottery. His suit against the Sheriff’s estate has been continued from term to term. Prays that proceedings in ejectment be quashed.

272. 104: 144. 16 February, 1762.

In the House of Representatives: 12 February, 1762, the Petition of Samuel Stevens read, and it was ordered that Petitioner serve Elizabeth and Hannah Stevens with a copy of this Petition, that they may show cause (if any they have) on Thursday the 18th current why the prayer thereof should not be granted.

In Council: 16 February, 1762, read and non-concurred, and ordered that the Petition be dismissed. Sent down for concurrence.

273. 104: 182, 183. 23 February, 1762.

Memorial of Samuel Stevens: Representing that in 1750 he obtained an order from the General Court directing the Commissioners to reimburse him £300, lodged by Nathaniel Martin in the Superior Court and burned by Commissioners, which bills the Memorialist was obliged to redeem together with others, over and above the amount of his proportion. After many years waiting for action on the part of the Commissioners, the Memorialist’s son, Timothy, purchased by warranty deed from the Sheriff of Suffolk County a farm, as the estate of a delinquent, the title to which was tried in an action of trespass which said Timothy lost. Alleges that Judge Danforth is prejudiced against him, and prays for a hearing before the Council.

274. Court Records, XXIV. 399. 3 June, 1762.

In Council: Time for closing the Land-Bank Lottery extended three months. The powers of the Managers revived and continued for that period.

House concurred.

275. 104: 226–228. 11 June, 1762.

An Act to revive and carry into execution An Act . . . entitled an Act for raising a sum of money by Lottery, for drawing in such of the notes or bills of the late Land Bank or Manufactory Company as are yet outstanding. Extending the time for completing and finishing the Lottery until December first next.

Same as Province Laws, IV. 582.

276. Court Records, XXIV. 428. 11 June, 1762.

A Bill entitled An Act to revive and carry into execution an Act made, &c., entitled An Act for raising a sum of Money by Lottery for drawing in such of the notes or bills of the late Land Bank or Manufactory Company as are yet outstanding, having passed the Council to be engrossed, was read three several times in the House of Representatives, and passed in concurrence to be engrossed.

277. Court Records, XXIV. 439. 12 June, 1762.

An Engrossed Bill entitled An Act to revive and carry into execution an Act made, &c., entitled An Act for raising a sum of money by Lottery, &c., having passed the House of Representatives to be enacted, was read a third time in Council, and passed in concurrence to be enacted.

278. Court Records, XXIV. 465. 9 September, 1762.

Petition of Joshua Henshaw and others, Managers of the Land-Bank Lottery, representing that the time for drawing the Lottery is fixed for the tenth current. That they have remaining unsold more third class tickets than they are impowered by law to place to the Company’s account.

In the House of Representatives: Ordered, that the drawing be postponed to 28 September. What then remain unsold to be at the risk of and for the benefit of the Company. If there should be a deficiency, the Commissioners to have power to levy an assessment.

Council concurred. Governor consented.

279. 104: 235. 9 September, 1762.

Memorial of the Managers of the Land-Bank Lottery: Representing that the Managers had fixed upon the tenth current as the time for beginning the drawing of the third class, and have given public notice thereof; that they have remaining unsold more third class tickets than they are impowered by law to place to the Company’s account. They must either postpone or take the risk themselves. They pray for relief.

280. 104: 237. 9 September, 1762.

In the House of Representatives: In answer to the Memorial of Joshua Henshaw and others, Managers of the Lottery for drawing in the bills of the late Land-Bank Company,—Ordered, that the drawing of the third class be put off until 28 September. What then remains unsold to be at the risk and for the benefit of the Company. If there should be a deficiency, the Commissioners to levy an assessment.

Council concurred. Governor consented.

281. Court Records, XXV. 266. 15 June, 1764.

A Petition of John Jewell and others, late partners in the Land Bank or Manufactory Scheme: Setting forth that in the year 1745 and subsequently the partners were assessed sums adequate to redeem all outstanding notes; after which a Lottery was granted to make up deficiencies, and subsequently thereto, another assessment was laid. Praying for a Committee of the Company to audit and adjust the Commissioners’ Accounts, with privilege to examine books and papers, and power to bring suit.

In the House of Representatives, read, and ordered that the prayer of the Petition be granted.

Council non-concurred, and referred the Petition for consideration to the second Wednesday of the next session.

282. 104: 324. 26 February, 1765.

Memorial of Samuel Danforth in behalf of himself and the other Commissioners for adjusting the affairs of the late Land Bank: Memorialist was one of the Commission, and has thought it his duty to present a narrative of the proceedings of the Commission. For five years after entering upon his duties the methods of proceeding were limited to such as tended rather to increase than diminish the debts of the Company. During all this time the value of the outstanding bills were increased by the interest thereon. The Commission were however compelled to pursue these methods till the burning of the Court House in 1747; then their insufficiency, the increase of the value of the bills, the insolvency of many partners, the losses occasioned by sales of estates of partners prior to 1743, and the loss of security on estates thrown into other Provinces by the adjustment of boundary lines, led the Government to order an assessment, and provision was made for collection in a less tedious way. Such assessment was laid in 1749, but failed of approval by the General Assembly. Nothing more was done till 1763, interest meantime continuing to run on the bills. Between 1749 and 1763 some small sums were collected, but in Plymouth and Bristol Counties the Sheriffs retained the warrants in their hands for years, and then returned them without service. After applying the net proceeds of the Lottery, an assessment was laid on surviving partners and collected. A second assessment was laid on those who had been omitted in order to refund those who had paid more than their proportion. This has not been successful. Prays that a Committee may be appointed to investigate, that an allowance be made and a Report be made.

283. Court Records, XXV. 418. 6 March, 1765.

Memorial of Samuel Danforth in behalf of himself and the other Commissioners for adjusting and finishing the affairs of the Land

Bank or Manufactory Scheme: Setting forth the embarrassments under which they have labored, and praying for the appointment of a Committee to fix a reasonable allowance for their services, and consider what further need be done.

In Council, read, and ordered that a Joint Committee be appointed for the purposes in said Petition mentioned.

The House of Representatives concurred.

284. 104: 324 et seq. 7 March, 1765.

Memorial of Danforth read before the Council, 6 March, and Vote for a Joint Committee, in which the House concurred next day.

285. 104: 322 et seq. 21 June, 1765.

Vote of Council, referring consideration of Danforth’s Petition to the next session. Committee to sit in recess and to report.

Concurrence of House, next day.

286. Court Records, XXVI. 56. 21 June, 1765.

The Committee appointed the seventh of March last to consider the Memorial of Samuel Danforth, Esq., in behalf of himself and the other Commissioners for adjusting and finishing the late Land Bank or Manufactory Scheme reported only in part, and moved for further time to consider the matter.

In Council: Ordered that the consideration of the Petition be referred to the next sitting of the Court. The Committee to sit during recess and to report accordingly.

In the House of Representatives, read and concurred.

287. Court Records, XXVI. 56. 21 June, 1765.

A Memorial of Timothy Stevens, setting forth divers grievances and hardships he hath in a peculiar manner been subject to as a partner in the late Land Bank or Manufactory Scheme.

In the House of Representatives: Read, and ordered that this Petition be committed to the gentlemen appointed to examine the accounts of the Commissioners to consider and report.

In Council, read and concurred.

288. 104: 343. 22 June, 1765.

Petition of Timothy Stevens: Notwithstanding the order of the General Court in 1750 that Petitioner should be reimbursed for £300 Manufactory Bills which he had redeemed in excess of his quota, and although the General Court in 1756 ordered the Commissioners to pay interest thereon until the principal should be paid, the Commissioners have failed to pay either principal or interest, and no encouragement of equitable relief is given Petitioner, who is laboring under bodily infirmity and has for upwards of twenty years been seeking relief in this affair. Prays that his case may be taken out of the hands of the Commissioners. Prays for relief.

In the House of Representatives, 19 June, referred to the Committee appointed to examine the Accounts of the Commissioners.

In Council: 20 June, concurred; 21 June, referred to next session.

In the House of Representatives, 22 June, concurred.

289. 104: 365. 7 September, 1765.

Bill of Thomas Goldthwaite, one of the Commissioners to adjust the affairs of the Land Bank, for attendance 362 days and expenses, amounting to £139. 2s.

290. 104: 370. 30 January, 1766.

Report of Committee to whom was referred the Petition of Samuel Danforth relating to the Land Bank: They have examined the books and papers of the first Commission, and find considerable sums outstanding and uncollected of the assessment made August, 1744, on thirty-seven delinquent partners; also of the assessment made November, 1744, on forty-six partners who had paid but part of what they took out of the treasury of the Land Bank; also of an assessment made December, 1745, of 10 per cent on all the partners, besides sundry sums due from the late Directors. They recommend that the present Commissioners proceed to collect these amounts and report at the next session a full and clear statement of the condition of the Land Bank or Manufactory Scheme. Meantime proceedings on the last two assessments to be stayed.

291. 104: 371. 3 February, 1766.

In Council, Memorial of Samuel Danforth referred to Joint Committee.

The House of Representatives concurred the next day.

292. Court Records, XXVI. 153. 3 February, 1766.

Report of the Committee appointed 7 March, 1765, upon the

Memorial of Samuel Danforth, Esq.

In Council, read and accepted, and a Joint Committee ordered.

In the House of Representatives, read and concurred.

293. Court Records, XXVI. 185. 19 February, 1766.

A Bill entitled An Act in further addition to the several laws now in being for the more speedy finishing the Land Bank or Manufactory Scheme having passed the Council to be engrossed:

In the House of Representatives, read a first time and ordered that the consideration of the bill be referred to the next sitting of this Court.

294. Court Records, XXVI. 192. 21 February, 1766.

In the House of Representatives: Resolved, that the several Commissions that have been appointed for the finishing the Land Bank or Manufactory Scheme, lay before this Court at their next session the general state thereof, and also a full and particular Account of their several charges.

295. 104: 562. 3 September, 1766.

An Account of the interest and charges which George Leonard has paid and is obliged to pay on account of the action of James Otis, Junior, Esqr., brought against said Leonard for the redemption of Land-Bank bills. Judgment recovered by said Otis in August, 1758.

296. 102: 305. October, 1766.

Memoranda as to claim of Benjamin Jacobs for the amount recovered from him by Robert Treat Paine in a suit on Manufactory Bills, with interest down to 1766; also as to the similar claim of John Woodward for the amount recovered of him by Nathaniel Martin.

297. 104: 482. 1767.

Part of Statement of Samuel Danforth, accompanied by a statement of Account: Praying for an allowance for attendance and expenses while acting on the Second Commission from the year 1759. Representing that the care and conduct of a suit devolved upon him, in which the honor of the Government was not a little concerned, as the only point in question was the right and authority of the General Court to make the laws which had been enacted relative to the Land-Bank Scheme. Had the cause been lost, he would have been subjected to many vexatious suits merely for complying with the law; therefore he asks for thirty pounds a year from the date of the Second Commission.

298. 104: 452. 1767.

Report of Committee to whom was referred the examination of the late Land Bank or Manufactory Scheme: Have examined books and papers of Directors and Commissioners, and have heard all persons who appeared before them. Narration of the organization of the Bank. Details of issue of £49,250 bills. Names of Directors and Treasurer. Closure of Bank and statement of its then condition. Statement of bills received by Directors before appointment of Commission and of balance due them from partners as appears by their answer to the Petition of John Brown and others to the General Court in 1751. Appointment of first Commission and assessments levied by them. Appointment of second Commission and assessments levied by them. Net amount received from Lottery. Total amount of assessments and Lottery £14,589. 16. 6, of which sum it remains for the Commissioners to discharge themselves.

299. Court Records, XXVI. 451. 4 March, 1767.

In the House of Representatives: Ordered that the Accounts of the Commissioners, which were submitted, be referred to a Joint Committee to consider and report.

In Council, read and concurred.

300. 104: 425. 6 March, 1767.

In the House of Representatives: Ordered that the Committee appointed to take under consideration the Accounts of John Jeffries, Esqr., and other Commissioners of the Land Bank be directed to take under consideration the Accounts of Samuel Danforth, Esqr., and other Commissioners appointed by a second Commission to finish the same.

In Council, read and concurred.

301. Court Records, XXVI. 455. 6 March, 1767.

[Record of the Proceedings set forth in No. 300.]

302. Court Records, XXVI. 486. 14 March, 1767.

Royall Tyler, Esqr from the Board went down to the House of Representatives to propose that the two Houses should adjourn to Monday Morning at ten o’clock, and that the Committee on the affairs of the Land Bank should be informed to sit forthwith.

Capt. Sheaffe from the House of Representatives came up to the Board with a message to inform them that the House had agreed to the forementioned proposition of the Board.

303. Court Records, XXVI. 492. 17 March, 1767.

The Committee to whom were referred the Accounts of the Commissioners appointed to finish the Land Bank or Manufactory Scheme offered a Report signed, in the name of the Committee, James Bowdoin.

In Council, read and sent down.

304. 104: 438. 19 March, 1767.

House of Representatives: Order referring to a Joint Committee the Accounts of both Commissions appointed to settle the late Land Bank or Manufactory Scheme, with instructions to the Committee to hear Directors and Partners on any matters relating to the Schemes and report at the May session what they deem necessary to be done to put a final end to said Scheme.

Concurrence of Council.

305. Court Records, XXVI. 497. 19 March, 1767.

[Record of the Proceedings set forth in No. 304.]

306. 104: 435. 19 March, 1767.

[Attested copy of the Record set forth in No. 305.]

307. 104: 443. 20 March, 1767.

House of Representatives: Ordered, that a Joint Committee be appointed, who shall bring in a Bill authorizing the newly appointed Commission to settle the affairs of the Land Bank to execute the trust.

Concurrence of Council, and Report of Committee with Bill annexed.

308. Court Records, XXVI. 501. 20 March, 1767.

Record of the choice of three Commissioners in place of the present Commission to settle the Land Bank affair.

Consent of the Governor.

Order in the House of Representatives that a Joint Committee be appointed to bring in a Bill empowering the newly elected Commissioners to execute the trust to which they were appointed.

In Council, read and concurred.

309. 104: 439. 20 March, 1767.

In Council: Certificate of the Secretary that, pursuant to agreement, the two Houses proceeded to the choice of three persons as Commissioners in place of the present Commissioners. That Edward Sheaffe, Samuel Dexter, and James Humphrey were chosen by a majority vote of the Council and House of Representatives.

Consented to by the Governor.

310. Court Records, XXVI. 501. 20 March, 1767.

An Engrossed Bill entitled an Act in further addition to the several Laws now in being for the more speedy finishing the Land Bank or Manufactory Scheme, having passed the House of Representatives to be enacted, was read in Council a third time and passed in concurrence to be enacted.

311. 104: 444. 20 March, 1767.

An Act in further addition to the several laws now in being for the more speedy finishing the Land Bank or Manufactory Scheme passed to be engrossed.

Same as Province Laws, IV. 919.

312. 104: 447. 26 May, 1767.

Bill of Samuel Dexter against the Province of Massachusetts Bay, for service and travel, covering 31 July, 1766 to 26 May, 1767.

313. 104: 449. 9 June, 1767.

Report of the Committee appointed by the General Court, 19 March, to hear the late Directors and Partners of the Land Bank or Manufactory Scheme: Are of opinion that the Report of Edward Sheaffe and others, 26 February, contains a just statement of the relations of Directors and Partners to the Company. Allege that the number of bills redeemed by Commissions amounted to at least £8000, but owing to destruction of papers by fire the redemption can be traced of only £5346. 18. 11 by the two Commissions. This sum they charge against the Directors. They relieve them from the charge of £2318. 8. 3 due from delinquents as per Report made at Milton; from the sums paid by them under the assessment of 1751; from certain sums due from the estates of Samuel Adams and John Choate; from the assessment of £40 each paid in by eight Directors; from the assessment of £40 made at that time on the late Samuel Adams; and from the assessment of £20 made on each of the Directors in 1745. The balance, £1740. 7. 3, they find to be due from the Directors to the Partners, and recommend that this be collected, and, with certain other moneys, paid over to creditors, and to such Partners as have paid the assessments of 8 September, 1763, and 22 March, 1764. They consider it impracticable to relieve those who paid the ten per cent assessment.

Read in Council, 9 June.

314. 104: 456. June, 1767.

The state of the Land Bank or Manufactory Scheme as it respects the Directors and Partners.

A Debtor and Creditor Statement of Account, representing the manner in which the Committee appointed 19 March to hear the late Directors and Partners of the Land Bank Scheme, ascertained the amount, £1740. 7. 3, which they reported to be due from the Directors to the Partners.

315. 104: 433. 25 June, 1767.

In the House of Representatives: 25 June, 1767, Resolve referring further consideration of the Report of the Committee respecting the Land Bank to the next session of the General Court; fixing a day when surviving Directors and Partners and legal representatives of those deceased may be heard before the whole Court; calling on the Commissioners to present their Accounts so that they may be adjusted before the hearing.

Concurrence of the Council.

316. Court Records, XXVII. 110. 25 June, 1767.

[Record of the Proceedings set forth in No. 315.]

317. 104: 436. [176 ?]

Statement of William Stoddard as to his dealings with the Land-Bank Company: Was appointed one of their factors. Received money and effects amounting to £2963. Disbursed for the Company, together with his charges, £3358. 12. 2, as appears by accounts which were liquidated by Committees of the Company and of the General Court. In 1751 a new Committee reduced the balance due him to £11. 11. 7 Manufactory bills. Since then he has been assessed large sums which he has paid, promise having been made him by the Commissioners that after the Company’s bills were redeemed equity should be done him. Complains that instead of being paid his just dues, it is suggested that further sums will be demanded. Asks if the aged and infirm Directors and the widows and children of Col. Hale and Col. Choate can be expected to furnish papers and vouchers connected with Company affairs. Alleges that others beside himself were employed by the Company in trade in order to facilitate the currency of the bills:

318. 104: 502. 1 January, 1768.

Statement of Account, showing receipts and expenditures of the Second Commission to adjust the affairs of the Land Bank, composed of Samuel Danforth, Thomas Goldthwait, and Nathaniel Hatch, with references to the several detailed Statements which accompanied the same, in explanation of items which required this.

319. 104: 504–507. January, 1768.

A Statement of the amounts with which Samuel Danforth, a member of the First Commission to adjust the affairs of the Land Bank, charges himself, and of the credits which he claims; followed by an incomplete explanation of what he means by occasional attendance.

Also a statement of the credits claimed by Jeffries.

[For a conjecture as to what these are, and the proper order of their arrangement, see No. 321.]

320. 104: 498. [No Date.]

Conclusion of Samuel Danforth’s Report as one of the First Commission appointed to adjust the affairs of the Land Bank. [For a conjecture as to where this belongs, see No. 321.]

321. 104: 496–507. [January, 1768]

Part of the Account of John Jeffries and Samuel Danforth, two of the Commissioners first appointed on the affairs of the late Land Bank and Manufactory Company since the auditing of their accounts in April, 1751, consisting of a detailed statement of the amounts with which Jeffries charges himself—apparently in Jeffries’ handwriting. Pages 506, 507, contain a Statement of the credits which Jeffries claims, made out in the handwriting of a clerk, but signed by Jeffries; 504, 505, contain a Statement of certain amounts with which Danforth charges himself and certain credits which he claims; at the bottom of 505 is an incomplete Statement explaining in detail his charges for occasional attendance. These papers are made out on narrow foolscap. 498 is a half sheet of the same paper, and is signed by Samuel Danforth. There is a catchword at the bottom of 505 which applies to 498, and the sentence makes continuous sense. Taken in the order in which I have named them, pages 496, 497, 506, 507, 504, 505, and 498 would make up a Report of the two Commissioners, in different handwritings and with the last page on a half sheet.

322 104: 508. [No Date.]

Portion of the Report of one of the Committees appointed to investigate the affairs of the Land Bank. Incomplete.

323. 104: 499. 5 January, 1768.

Reference of the several Accounts of the Commissioners of the Land Bank, viz. one signed Samuel Danforth and Nathaniel Hatch, one signed John Jeffries, and another signed Samuel Danforth, to a Joint Committee for consideration and report.

Originally passed in the House of Representatives, 4 January.

Council concurred with amendment, same day.

House concurred in the amendment, 5 January.

324. Court Records, XXVII. 120. 5 January, 1768.

[Record of the Proceedings set forth in No. 323.]

325. 104: 510. 14 January, 1768.

In the House of Representatives, 13 January, 1768: Ordered, that the hearing of the Directors and Partners of the Land-Bank Company to have been had this day by an order of this Court be referred to Wednesday next at eleven o’clock.

In Council, 14 January, read and concurred.

326. Court Records, XXVII. 135. 14 January, 1768.

[Record of the Proceedings set forth in No. 325.]

327. 104: 515. 21 January, 1768.

In the House of Representatives, Ordered, that the hearing of the Directors and Partners of the late Land-Bank Company before this Court be referred to Wednesday next at ten o’clock.

Council concurred.

328. Court Records: XXVII. 152, 153. 21 January, 1768.

Report of the Committee read in Council and sent down to the House.

Consideration in the House postponed to Wednesday next.

329. Court Records, XXVII. 162. 27 January, 1768.

Interchange of Messages between the Board and the House relative to the Land-Bank affair.

330. 104 516. 28 January, 1768.

Resolve of Council: That, in consequence of the peculiar circumstances attending the Land-Bank affair, which makes it different from all other cases, in consequence of the Act of Parliament and subsequent legislation by this Government, a further hearing be given Robert Auchmuty on the exception to the jurisdiction of the General Court in this matter, which was raised by him 27 January, and that he be directed at that hearing to apply the points of law which he then raised to this particular case; that Counsel be heard also on the opposite side, and that Mr. Auchmuty reduce his plea to the jurisdiction to writing and file it in the Secretary’s office.

House non-concurred.

331. Court Records, XXVII. 163. 28 January, 1768.

Resolve of Council appointing Wednesday next, at 10 o’clock, for a further hearing of Mr. Auchmuty on the rules of law advanced by him on the 27th as to the jurisdiction of the General Court in the Land-Bank affair. Mr. Auchmuty’s plea to be reduced to writing and filed in the Secretary’s office before the hearing.

332. Court Records, XXVII. 179. 4 February, 1768.

William Brattle, Esqr. from the Board went down to the House of Representatives with a message to acquaint them that the Board was ready to join with the House in hearing Mr. Auchmuty further in the affair of the Land Bank if he saw cause.

Col. Bourne from the House came up with a message to the Board that the House desired to be informed whether the Board had determined on the matter relative to the jurisdiction of the General Court in the Land-Bank affair.

Royall Tyler, Esqr., from the Board went down to the House of Representatives with a message to acquaint them that the Board had so far considered of the jurisdiction of the Court that they were ready to proceed further in the hearing of Mr. Auchmuty if he desired it at any time that may be appointed for the purpose.

333. Court Records, XXVII. 180. 5 February, 1768.

Harrison Gray, Esqr., from the Board went down to the House of Representatives with a message to desire that they would send up the Report of the Committee upon the Land-Bank affairs with the papers that accompanied it,

Col. Warren from the House of Representatives came up to the Board with the Report and papers relative to the Land Bank.

334. 104: 518, 519. 6 February, 1768.

Vote of the House of Representatives, 3 February, after the consideration of the plea offered by Robert Auchmuty to the jurisdiction of this Court, in the hearing, 27 January, on the Report of the Committee of both Houses, wherein it was recommended that a Bill be brought in to assess the late Directors of the Land-Bank Company, that this Court hath jurisdiction in the aforesaid matter.

In Council, 4 February, sundry amendments made.

In the House of Representatives, 5 February, concurrence in these amendments, and new amendment by the House.

In Council: 6 February, final concurrence in the amended vote, which was to the effect that the Plea having been considered and the jurisdiction having already been established by the Act of Parliament, the Court would proceed to a hearing of the affair, 9 February, when parties could be heard personally or by Counsel.

335. Court Records, XXVII. 182. 6 February, 1768.

The House having taken the plea offered by Robert Auchmuty to the jurisdiction, &c., at a hearing 27 January, at which the Governor was not present, and it appearing that the jurisdiction of this Court in the case mentioned hath already been established by sundry Acts of the Government which have received the Royal sanction, it was resolved that the Court would proceed to a hearing, Tuesday next, the ninth instant, at ten o’clock, &c.

336. 104: 520. 8 February, 1768.

Affidavit of George Leonard, made at the request of Robert Auchmuty, setting forth the precautions taken by them to avoid personal responsibility for the trading done by the Land Bank.

337. 104: 523. 10 February, 1768.

In Council: Record of a Resolve (preceded by a Preamble in which it is set forth that at the hearing, 9 February, Robert Auchmuty, having declared that the Committee of the General Court, in 1751, settled all accounts between Directors and Partners, that the payment of the balance then reported to be due from the Directors to Partners indemnified the Directors from all future demands upon them on account of said Bank, and that he should reserve what he had to say until the General Court should determine whether this was a full settlement between Directors and Partners) that the Court would hear what the Directors have further to offer on the Report of the Committee now under consideration on Friday next, and the Committee are desired to attend at that time.

House of Representatives concurred. Governor consented.

338. Court Records, XXVII. 185. 10 February, 1768.

[Record of the Proceedings set forth in No. 337.]

339. 104: 525. 12 February, 1768.

In Council: Ordered, That the Committee last appointed to adjust the affairs of the late Land Bank be directed to reduce to writing the facts and reasons upon, which they have framed their Report, and set forth the evidence upon which they proceeded; that they serve Robert Auchmuty, who appears in behalf of the Directors, with a copy of the same; that Auchmuty reduce to writing his answer thereto; that both the Report and the Answer be laid before the General Court for consideration, 19 February. House of Representatives concurred. Governor consented.

340. Court Records, XXVII. 194. 12 February, 1768.

[Record of the Order set forth in No. 339.]

341. Court Records, XXVIII. 228. 20 February, 1768.

Report of the Committee on the affairs of the Land Bank, read in Council, and sent down.

In the House of Representatives, read and recommitted.

In Council, read and concurred.

342. 104: 495. 20 February, 1768.

Petition of John Jeffries and Samuel Danforth, two of the Commissioners first appointed upon the affairs of the Land-Bank Scheme, [30] December, 1767: Representing that when called upon to present an Account in the beginning of 1767, they were at a loss what to do in consequence of the destruction of their books and papers by fire. They attempted to frame an Account from memory, which was necessarily incomplete. In consequence of a new order calling on them to submit their accounts at the beginning of this session, they have prepared a new Statement beginning with April, 1751, at which time their accounts were considered and reported on by a Committee, whereof John Wheelwright was chairman. As to transactions before the fire they ask that their oath that such of the Company’s moneys not otherwise accounted for, as they received before the fire, were disbursed in the service of the Company, be accepted, and that they be discharged.

In Council, 1 January, 1768, read and sent down.

In the House of Representatives; 20 February, read and recommitted, and sent up for concurrence.

In Council, 20 February, read and concurred.

343. 104: 533. 26 February, 1768.

Report of the Committee to whom was referred the Accounts of the late Land-Bank Company, viz.: one signed John Jeffries; one signed Samuel Danforth; another signed Nathaniel Hatch; giving the charges and credits of the several Statements of Account referred to. Divided as follows: First Commission, Jeffries’ Account, Danforth’s Account; Second Commission, Hatch’s Account, and a general Account signed by Danforth; Account of the last Commission signed by Samuel Danforth. They refer charges for service to the General Court.

344. 104: 535. 3 March, 1768.

In Council, 26 February, the above Report was referred, read, and sent down.

In the House of Representatives: 1 March, a Joint Committee ordered to take the Accounts in consideration during recess, to hear the Commissioners and such Directors and Partners as appear, and to report at the next session what ought to be allowed each Commissioner.

Council concurred, 3 March.

345. Court Records, XXVII. 277. 3 March, 1768.

Report of the Committee to whom were referred the Reports of the Commissioners, &c.

Vote of the House referring the Accounts referred to in the Report to a new Committee. Report to be made next session.

Concurrence of Council.

346. 104: 539. 3 March, 1768.

In Council: The Committee appointed, 12 February, to reduce to writing the facts and reasons upon which they framed their Report relative to the late Land Bank not being able to complete it before the rising of the Court, it was ordered that the Committee be directed to prepare the same during recess and deliver a copy thereof to Robert Auchmuty, Esqr., who appears in behalf of the late Directors, and that said Directors make answer thereto on the first Tuesday of the next May session.

In the House of Representatives, read and concurred.

347. Court Records, XXVII. 278. 3 March, 1768.

[Record of the Proceedings set forth in No. 346.]

348. Court Records, XXVII. 321. 7 June, 1768.

In Council: The Committee appointed the last session of the General Court to reduce to writing the reasons and evidence upon which their Report relative to the Land Bank or Manufactory Scheme was founded, and to deliver the same to Robert Auchmuty, Esqr., made report of their doings therein, and it was thereupon ordered that the same be considered on Friday next, at ten o’clock in the forenoon, and that Robert Auchmuty be notified of this Order that he may put in a reply thereto if he see cause.

In the House of Representatives, read and concurred.

349. 104: 508. [No Date.]

A Report relative to the affairs of the Land Bank, dealing with the question of the amount due from the Directors. Not signed. First, gives a Statement of the Accounts of the Directors, as found by the Council in 1750, in which statement the House apparently never concurred. Second, gives an account of the action of the Committee appointed for the same purpose in 1751.

Endorsed, in effect, that it is an account of the transactions of this latter Committee. Evidently an account of the action of that Committee submitted to a later Committee.

350. 104: 514. 6 July, 1768.

Nathaniel Hatch in account with the Land-Bank Company. Statement of Account, September, 1763 to 1768, rendered 15 January, 1768.

351. 104: 440. 30 October, 1770.

Bill of Seth Blodgett, 20 March, 1767, against the Third Commission appointed to finish the Land Bank, for punch, wine, dinners, rooms, and attendance, 1766 and 1767.

Affidavit, 30 October, 1770, to the truth of the account.

[See No. 312.]

352. 104: 441. 1 November, 1770.

Bill of Edward Sheaffe against the Land-Bank Company for services done them by order of the General Court, 1764–1767. Refers to Bill of Samuel Dexter. [See No. 312.]

353. Court Records, XXVIII. 359. 9 November, 1770.

On the Petition of Samuel Dexter, Esqr., and others, a Committee was appointed to examine into the state of the Land Bank Company.

In the House of Representatives: Resolved, that there be paid out of the public treasury as followeth, vizt. Then follow allowances to the Committee; to Seth Blodgett; and to Nathaniel Gorham. Capt. Sheaffe’s account was referred to the next session.

In Council, read and concurred.

354. 104: 448. [1770]

Report of the Committee to whom was referred the Petition of Samuel Dexter and others, a Committee appointed by the General Court to examine thoroughly into the state of the late Land Bank, relative to their respective Accounts: They have examined the Accounts, and recommend certain payments; and also recommend that consideration of a part of the Report be postponed till the next session.