YESTERDAY by Captain Adams from London I receiv'd Advice, which I can intirely rely upon, confirming the Hints given me in your Letter, that a Combination has been for ſome Time forming here to prevent the Act of the General Court of this Province lately paſs'd for finiſhing the late Land Bank or Manufactory Scheme from receiving his Majeſty's Royal Approbation; upon the obtaining of which, and the due Execution of the Act the putting an immediate End to the Confuſion & unhappy Conſequences of that miſchievous Scheme (an Effect which all Well-wiſhers to the Peace of the Country deſire) entirely depends.

I have alſo receiv'd undoubted Intelligence, that the late G—r B—r is deeply concern'd in this Combination with a Perſon here, who attempted to engage ſome Gentlemen of very great Diſtinction and Worth on your Side of the Water to uſe their Inteteſt for procuring his Majeſty's Diſapprobation of the above-mention'd Act of this Government; and that authenticated Proofs of ſome pretended unwarrantable Proceedings of this Government relating to the Perſons concern'd in the late Land Bank Scheme were to be tranſmitted by Mr. B—r, who was perſonally to repreſent, the ſame in all their Circumſtances, together with the Management of ſeveral Perſons therein, ſo as that they might come to the Knowledge of the Government at Home,—that Mr. B—r's Correſpondents at Home were to prepare Matters againſt his Arrival there; and that Letters have been forwarded to London from Mr. B—r and his Friend containing many ſcandalous Reflections and Calumnies upon this Government.

This Advice, Sir, tallies with the Reports, which have been openly talk'd of here and currently believ'd, concerning Mr. B—r's general Views in going to London, and ſo fully diſcovers his Scheme in taking out of the Secretary's Office, under the Province Seal, Copies of all the Proceedings of this Government upon the Affairs of the late Land Bank Company, during the Time of his own and the preſent Ad—n, that it leaves no Room to doubt of the Uſe, which he deſigns to make of thoſe Papers, and how capable he is of repreſenting both his own and his Suc—r's Proceedings in a falſe Light.—Wherefore as you are ſo good, Sir, as to offer the Continuance of your Service to the Country for diſappointing the paſt and future Machinations of the honourable Gentleman and his Aſſociate for perpetuating (as far as in them lies) the malignant Effects of the Land Bank Scheme in the Province; and for defeating all their ſecret Attempts on your Side of the Water to miſrepreſent and traduce the Acts of this Government, and to engage Perſons of the greateſt Honour and Worth to uſe their Intereſt to the Prejudice of it, I now tranſmit you a particular Account of the Riſe, Progreſs, and Conſequences of the late Land Bank or Manufactory Scheme from the firſt Projection of it to this Time; and alſo of another memorable one call'd the Silver Scheme, ſo far as it is connected with the Land Bank Scheme, that you may furniſh yourſelf from thence with the Knowledge of all ſuch Facts, as are neceſſary to be known by you, in order to ſtate all the Tranſactions and Proceedings of this Government upon theſe Schemes both under the late and preſent Ad—n in their true Light,

But before I proceed to give you a Detail of them, I muſt take the Liberty upon this Occaſion to ſay, Sir, that I think the Conjunction of the Parties engaged in this Combination is a very extraordinary one: A Gentleman, who had not long ago the Honour to be his Majeſty's G—r of this Province, is in League with One, who is commonly reputed, ever ſince the Act of Parliament for ſuppreſſing the Land Bank Scheme took Effect, to have made a Trade and Buſineſs of buying up the late Land Bank Company's Bills in Order to make Demands upon the late Directors and Partners of it, for the Sake of private Gain, and to lay ſuch of 'em under Contributions to him, as could be brought to pay him any Sum, in order to ſcreen themſelves from Actions commenced, or threaten'd to be commenced by him againſt them, and ſcandalouſly proſtituting the Act of Parliament deſigned for the Relief, and Benefit of ſuch Poſſeſſors only of the Bills, as had unwarily taken them in the common Courſe of their Traffick and Dealings, and for the Suppreſſion of the Scheme, to the baſe Purpoſes of his own Avarice and Revenge, and making a mere Stale of the Act for his vile Practices: I ſay, his late Ex—cy takes into his Cabal ſuch an Aſſociate to aſſiſt him in his Attempt to defeat the Meaſures of this Government for extricating the Country from the Miſchiefs of this Scheme; which together with the Silver Scheme were the produce of his own Ad—n, the latter of them having grown up under his ſpecial Grace and Favour, and the former by his Permiſſion.—I now proceed to the Account of the two Schemes.

Mr. Colman of this Town, late Treaſurer of the Land Bank Company, was the original Projector of the Land Bank Scheme; and it appears by two of his Letters on that Subject to the late G—r B—r, one dated April 11th 1737, and the other January 14th 1740, (Copies of both which Mr. Colman has been induced to expoſe upon the Occaſions herein mentioned) that he had communicated his Scheme to his late Ex—cy three Years before the Land Bank Company was formed, in order to take his Sentiments upon it; and had ſeveral Times diſcours'd with him upon that Subject both before and after that Time;—and that he began to procure Subſcriptions to his Scheme in 1737, of which he apprized the G—r in his firſt mentioned Letter, by telling him, "That he was called upon every Day by Men of good Eſtates in Trade to bring the Thing (the Scheme) forward, and that he could have a Hundred Subſcribers in a Week's Time, and had then met ſome Gentlemen upon it; but had waited till his [Ex—cy's] Return from Piſcataqua, that he might ſee him before he proceeded ſo far, but he then purpoſed to go on with the Scheme, and hoped for Succeſs in it.

Before I quit this Letter of Mr. Colman's, I muſt inform you, that it appears by it, that the late G—r had objected againſt his Scheme, that the Bills were not to be redeemable by Silver—To obviate which, and another Objection, and to ſhew the Expediency of the Scheme, Mr. Colman argues with his Ex—cy through his whole Letter; and to induce him to Countenance the Scheme, aſſures him, amongſt other Things, that he had his Ex—cy's private Intereſt in View in it; telling him, that the Lands, his Ex—cy was endeavouring to ſell Weſtward (in order to pay off a Debt due, from him to the Eſtate of the late Mr. Lloyd of London) as he was informed, would not then fetch ten Thouſand Pounds, which wou'd in a little Time fetch more than twenty Thouſand Pounds; and then proceeds in the following Words, Would it not then be much more for your Intereſt to take ten Thouſand Pounds out of this Bank, which would not coſt you above three per Cent, (the Terms upon which the other Subſcribers to the Scheme were to have their Shares of the Bills) and to keep your Lands? And if the G—r does not think proper to appear himſelf in ſuch an Affair, he does not want Friends, who will manage it for him, with as much Secreſy as he can deſire—And he afterwards adds, that he could not expect his Ex—cy would appear openly for it (the Scheme) which he wiſhed he could, becauſe he knew it would be very pleaſing to the People.—I have mention'd this Part of the Contents of that Letter ſo particularly, that you may the better judge between Mr. B—r, and the late Treaſurer and Directors of the Land Bank Company concerning the Treaſurer's Propoſal in it to Mr. B—r to take l,10,000 of the Land Bank Bills at the before mention'd Intereſt.

Upon the Foundation of this Propoſal, when it was apparent that the Land Bank Scheme would be deſtroyed, and Mr. B—r became ſuſpected of having favoured it in it's firſt Riſe; he then, and not before (as Mr. Colman and the late Directors ſay) declared in his own Vindication, that the Land Bank Company had offered to give him l. 10,000 in Bills of Credit of the old Tenor; nay, that he might have had l.20,000 old Tenor from them to favour their Scheme, and that he refuſed it: This Aſſertion Mr. Colman and the late Directors inſiſt is groundleſs, and look on it as an Aſperſion upon them: They ſay, that this Propoſal or rather Queſtion of Mr. Colman's to the late G—r, upon which he grounds his Aſſertion, was made to him above three Years before the Company was formed, and before the Perſons, who were afterwards choſen Directors of it, had entertained Thoughts of their being intereſted in the Scheme; that it was made by Mr. Colman without the Privity of any other Perſon whatſoever; that neither that or any other Propoſal or Offer of any Kind, was ever renew'd or made afterwards to his late Ex—cy, or any other Perſon either directly or indirectly by Mr. Colman, or the Directors, or Partners of the ſaid late Company, or any of them, or by any other Perſon on Account of the ſaid Mr. Colman and Company, or any of them to induce his late Ex—cy to favour or connive at their Scheme, except that ſome of them had heard that Mr. C—r J—L—n of this Province, a Perſon publickly known not to be of found Mind and Memory, had taken Occaſion, without the Conſent or Privity of any of them, to make ſome Offer or Propoſal to his late Ex—cy of Advantages, that might be reap'd by him from the ſaid late Company; but what the particular Propoſal or Offer might be, none of them were ever informed; and if any ſuch was made, whatever it was, his Ex—cy had no juſt Reaſon to give the leaſt Credit to it; and that the ſaid C—J—L—n, tho' he was a Subſcriber to the Scheme, never was a Partner or any Ways intereſted in it; and this Mr. Colman and all the late Directors, except one Gentleman, who has been for theſe laſt two Years in London, and for that Reaſon could not join in the Depoſition, have lately in their Juſtification declared upon Oath.—And theſe Gentlemen farther inſiſt that had the Propoſal mention'd in Mr. Colman's Letter been really made to his late Ex—cy by the whole Company, it is evidently no more than that he ſhould take l.10,000 in Land Bank Bills in a private Manner, but upon paying the ſame Intereſt for it, that other Partners of the Scheme were to pay for their Shares of the Bills; that his Ex—cy well knew that he could not pay off a Sterling Debt in London by the Help of thoſe Bills, nor indeed could they have been of Service to him in any other Reſpect, as it was impracticable for any one Perſon to have found Vent for a fifth Part of l.10,000 in thoſe Bills, eſpecially in a private Manner, as his Ex—cy muſt have done, had he accepted them.—Mr. B—r on the other Hand is ſo fond of this boaſted refuſal of l.10,000 old Tenor, as he calls it, and Mr. Colman's Letter, upon which he founds his Aſſertion, that he has ſeveral Times declared (as I have been informed) that he would not take ten Thouſand Pounds for the Letter.—Upon the whole, I ſhall leave you to judge for your ſelf upon Mr. B—r's Conſtruction of the Terms of this Propoſal, and whether it can be deemed the Propoſal of the Company to him; and proceed to inform you, that ſoon after the ſending of this Letter to his Ex—cy Mr Colman began to take in Subſcriptions to his Scheme, in order to form a Company or Partnerſhip upon it, as he had apprized the G—r he would, and proceeded in it without any Check or Interruption for above two Years, and 'till he had procured 395 Subſcribers.—And in 1739 the Silver Scheme which was at firſt reputed to be the Project of Col. Hutchinſon of this Place, and called by his Name, began to be formed.—This Scheme plainly appears to have taken it's Riſe from the Land Bank Scheme, and indeed to have been formed upon near the ſame Plan, but in ſeveral Reſpects conſiderably corrected and amended, and by the 25th of March 1740 had got 106 Subſcribers.

The Land Bank Scheme, as it was finally ſettled, was a Scheme for the Emiſſion of l.150,000 in Notes of Hand on Land Security to be receiv'd in Trade, and for all Debts by the Partners as equal to lawful Money, and at the Expiration of twenty Years to be redeemed by ſeveral Commodities therein enumerated, but not at any fixed Price: and in the mean Time l.10,000 of that Sum was to be employed in Trade as the Company's Stock to be exchang'd for their Notes, as the Poſſeſſors of them ſhould want and demand any of the Commodities in their Treaſury.

And the Tenor of the Notes, which were to be ſigned by the Directors, and endors'd Joſeph Marion, was as follows, viz.

We jointly and ſeverally Promiſe for our Selves and Partners to take this Bill as lawful Money at ſix Shillings and eight Pence per Ounce in all Payments, Trade and Buſineſs, and for Stock in our Treaſury at any Time; and after twenty Years to pay the ſame at that Eſtimate on Demand to Mr. Joſeph Marion or Order in the Produce or Manufactures enumerated in our Scheme, for Value received.

The Silver Scheme was for the Emiſſion of l.120,000 in Notes redeemable by Silver Money at 20s per Ounce in fifteen Years, and by Gold Coin pro ratâ.

And by the 19th Article of this Scheme the Partners of it agreed and promis'd that they would receive in Trade, and for Debts due (Specialties and expreſs Contracts excepted) the Bills emitted on the Scheme at the following Rates, in the ſeveral Terms, and Periods therein after mentioned, viz. for the firſt year after their Emiſſion at the Rate of twenty eight Shillings and four Pence for an Ounce of Silver, for the ſecond Year after their Emiſſion, at the Rate of twenty ſeven Shillings and nine Pence; for the third Year at the Rate of twenty ſeven Shillings and two Pence, and ſo on in the like Proportion leſſening the Price of Silver to the Poſſeſſors of the Bills ſeven Pence per Ounce in each Year, 'till by the 15th Year it was reduced to twenty Shillings per Ounce—and that the Directors of the Company ſhould be and were thereby accordingly obliged to exchange and give in the common current Bills to every Poſſeſſor of the Notes on Demand ſo much as would purchaſe one Ounce of Silver for twenty eight Shillings and four Pence in thoſe Notes for the firſt Year after their coming out, and ſo much as would purchaſe one Ounce of Silver for twenty ſeven Shillings and nine Pence for the ſecond Year, and in the ſame Manner during the whole fifteen Years.—And by the Tenor of the Notes of this Scheme, which were ſign'd by the Directors and indors'd Iſaac Winſlow, the Directors, jointly and ſeverally Promiſe to pay to Iſaac Winſlow Merchant or Order in Boſton—Ounces of Silver Sterling Alloy, or—Standard Gold, both coin'd and Troy Weight by the 31ſt of December 1755. Value receiv'd, &c.—And upon the Back of the Notes it was advertis'd thus; All the Subſcribers to this Scheme promiſe and oblige themſelves to take this Bill at the Rates undermentioned in all Trade and Buſineſs 1741 an Ounce of Silver at the Rate of 28ſ 4d 1742— 27ſ 9d 1743— 27ſ 2d And ſo on in like Proportion 'till the Year 1755 at the Rate of twenty Shillings, according to the before recited nineteenth Article; but without any mention of exchanging the Notes for the common current Bills, or being ſign'd by any Perſon.

Upon comparing the two Schemes and Companies together theſe Obſervations ſeem to be very obvious, 1ſt. That the Sum in Notes of Hand propoſed to be emitted by the Land Bank Company, being l. 150,000 to paſs as lawful Money (that is) equal to l.600,000 in Bills of Credit of the old Tenor, was in it ſelf, excluſive of the badneſs of the Scheme in other Reſpects, ſuch an immoderate Sum, as muſt not only have vaſtly depreciated the Company's Bills, but all the other Bills current within the Province, and conſequently have been extremely miſchievous to the Community; whereas the Sum propoſed to be emitted by the Partners of the Silver Scheme was but one fifth Part of the intended Land Bank Sum.

2dly. That the Land Bank Bills were not redeemable 'till the End of twenty Years, and then at no certain Value; the enumerated Commodities, in one or other of which they were made redeemable, being uncertain as to the Prices to be ſet upon them by the Company, and as to the Species of them, in which each Poſſeſſor might exchange his Bills; and in the mean Time the Bills were not ſecured in the leaſt from depreciating below their nominal Value; whereas the Bills of the Silver Scheme were redeemable with Silver or Gold at a certain Value at the End of fifteen Years, and were propos'd by the 19th Article of it to be ſecur'd againſt depreciating below their nominal Value in the mean Time by being made exchangeable for ſuch Quantities of the common current Bills, as would purchaſe the Silver promis'd by the Bill in each of the fifteen Years at the Rates mentioned in the Scheme.

3dly. The Directors and Partners of the Land Bank Company, a very few of them only excepted, were Perſons of but mean Circumſtances, whereas the Partners of the Silver Scheme were many of them Perſons of good Eſtates; and the Directors in particular were ſome of them principal Merchants in Boſton, and of the beſt Credit and moſt conſiderable Eſtates in the Province, and the Company was undoubtedly capable of executing their Scheme, ſo that it was no Impoſition upon the World in that Reſpect.

Upon theſe Accounts therefore and others, which might be mentioned, the Silver Scheme Company was much preferable to the Land Bank Company; but in Reſpect of their unlawful Combination they were both upon a Par; and the Land Bank Scheme, by which that Company's Bills were agreed to be received by them in all Payments, ſo that thoſe Bills would diſcharge all Kinds of Debts owing to any of the Land Bank Partners, whereas Debts due by Specialties and expreſs Contracts in writing were excepted out of the Debts diſchargeable by the Bills of the Silver Scheme, that is, all Debts, if the Partners of that Company pleaſed, were excepted, was even preferable in that Reſpect to the Silver Scheme;—and the Silver Scheme ſeems alſo to be very exceptionable on Account of the exorbitant Gain ariſing to the Company from the Poſſeſſors of the Bills; For at the Time of the Emiſſion of thoſe Bills the Price of Silver in Boſton was 28ſ. 4d. per Ounce in Bills of Credit of the old Tenor, ſo that the Diſcount, which the Company allowed to the Poſſeſſors upon their Bills or Notes, that were not payable 'till fifteen Years and five Months after Date, was no more than after the Rate of about 30 per Cent. whereas the juſt Diſcount upon 'em, reckoning the Intereſt of Money at 6 per Cent, which is the lawful and common Intereſt a: Boſton, was near 60 per Cent, ſo that after deducting 3 per Cent. for the Charges of the Company there was left 27 per Cent. clear Gains coming to it from the Poſſeſſors of the Bills, which was a moſt unjuſtifiable Impoſition upon them, and not to be countenanced in any Community: Nay beſides theſe exceſſive Gains the Company by their Scheme would have got a conſiderable Profit upon ſuch of their Bills, as they ſhould take in Payments or Exchange for the common current Bills each Year by the following Circumſtance, viz. they were to allow either in Exchange for their Bills, or in any Payments throughout the Year 1741 (for Inſtance) no more than about two & half per Cent, whereas according to the plain Reaſon of their Scheme they ought at the End of every three Months in that and every ſucceeding Year, 'till the End of their Scheme, to have advanced upwards of an half per Cent. to the Poſſeſſors upon their Notes; that is to ſay, they ſhould have allowed at the End of three Months in the Year 1741 upwards of three per Cent, at the End of ſix Months in that Year upwards of three & half per Cent, and at the End of nine Months upwards of four per Cent, &c.—And even the Performance of this Part of the Scheme ſeems not to have been well ſecured to the Poſſeſſors of the Bills; for it is not expreſs'd in the Body of the Bills, as by the Help of a ſhort Reference to the 19th Article of this Scheme it might, and ought to have been, in order to have given the Poſſeſſors a lawful Demand againſt the Directors, ſigners of the Bills; but it was only mention'd in an Advertiſement or Memorandum on the Back of the Bill not ſigned by any Perſon, (and upon which no Demand could be grounded in Law) that all the Subſcribers to the Scheme promis'd and oblig'd themſelves to take the Bills at the Rates undermention'd in all Trade and Buſineſs; and without any mention of their taking it in Payment of Debts, or of the Directors being obliged to exchange it for common current Bills purſuant to the 19th Article of the Scheme; ſo that the beſt Security, which the Poſſeſſors had for the Execution of this Part of the Scheme, was the Characters of the Directors, which indeed were deſervedly ſuch, as that they might have been depended upon in this Caſe; tho' that does not mend their Scheme.—And to do thoſe Gentlemen Juſtice, they never pretended (at leaſt the moſt ſenſible of them) to juſtify this Scheme farther than by inſiſting that it was much better (and in Truth it was vaſtly ſo) than the Land Bank Scheme, and that the Poſſeſſors of their Bills were much better ſecur'd from ſuffering Loſs by any Depreciation of 'em than the Poſſeſſors of the Province Bills were; which laſt was alſo certainly true: And they further inſiſt in their Defence, that their Scheme was from the Beginning concerted and carried on with the Privity and expreſs Approbation of the late G—r whom, they ſay, they acquainted from Time to Time with every Step; they took in it; and indeed it was in the Time of it generally underſtood ſo to be.—This laſt Circumſtance indeed ſeems very ſurprizing, viz. that the King's G—r, who was expreſly directed by his Majeſty's Royal Inſtructions to him to take eſpecial Care, that no more than the Sum of l.30,000 in Paper Bills (that is the Value of l.30,000 Sterling in thoſe Bills) emitted even by the Legiſlature, and that too for the Support of his Majeſty's Government, ſhould be current at one and the ſame Time; and was expreſly forbid to give his Conſent to any Act, that ſhould be paſs'd by the Aſſembly for emitting any Sums in Bills of Credit upon any Account whatſoever, except for the Support of his Majeſty's Government, ſhould approve of an unlawful Combination of private Perſons for emitting any Sum in Bills of Credit to paſs in Lieu of Money, eſpecially to large an one as that propoſed by the Silver Scheme Company, and upon ſuch as unjuſtifiable Scheme as theirs was, and that too at a Time when he knew that the Parliament of Great Britain had the reſtraining and regulating of the Paper Currency in his Majeſty's Amererican Colonies under their Conſideration.—But the Veracity of the Gentlemen, who aſſert the Fact is unqueſtionable.

The Merchants were now ſo alarm'd at the Progreſs, which the Land Bank Scheme had made, and ſtirred ſo much in Oppoſition to it, that on the 18th of March 1739 a Vote of Council was paſs'd for raiſing a Committee of both Houſes to inquire into the two Schemes, and make Report thereon, and of what they judged proper for that Court to do; which was concurr'd by the Houſe of Repreſentatives, and conſented to by the G—r, according to his Ex—cy's general Cuſtom of ſigning his Conſent to Votes of the two Houſes of the like Sort; and on the 28th of the ſame March the Committee reported upon the two Schemes as follows, viz. That the Notes propoſed to be iſſued by Mr. Colman's Scheme were upon ſo ſlender a Foundation, that the Circulation of them among the People of this Province might have a great Tendency to depreciate the Bills of Credit already circulating, and conſequently endamage his Majeſty's good Subjects as to their Property; and that with Regard to Col. Hutchinſon's Scheme, They were of Opinion that although ſome ſuch Projection might be ſerviceable, unleſs a better Medium of Commerce might be found out for the People of this Province, under their then diſtreſſing Circumſtances, yet they apprehended it moſt convenient that all farther Proceedings thereon ſhould be ſtayed 'till this Court might again meet and conſider of that Affair.

Upon this Report the following Vote originated and was paſſed in the Houſe of Repreſentatives, and was concurred by the Council, and conſented to by the G—r, viz. That John Colman, Eſq and his Partners, and Edward Hutchinſon Eſq and his Partners be and were thereby ſtrictly forbidden iſſuing any Notes of Hand or Bills in purſuance of, or any further Proceedings relating to their beforementioned Schemes or Projections, 'till the ſitting of the General Court in May next, and the farther Conſideration of the Affair was referred to that Time accordingly. And on the fourth of April following his Ex—cy with the Advice of his Majeſty's Council iſſued a Proclamation to inform all Perſons of the beforemention'd Proceedings and Orders of the General Court, and forbid the Perſons concerned in the Land Bank and Silver Schemes to iſſue any Notes of Hand or Bills as a Medium of Trade and Commerce, or to proceed further in their beforemention'd Schemes 'till the Seſſion of the General Aſſembly in May then next enſuing.

It appears evident from theſe Proceedings, that the G—r had at that Time a fair Opportunity of ſuppreſſing the Land Bank Scheme effectually; that the Houſe of Repreſentatives had given him a manifeſt Proof, by their late Vote, of their good Diſpoſition towards doing it, and that nothing was wanting but a Meſſage or Speech from his Ex—cy recommending to the Aſſembly to project ſome Law for that Purpoſe; in which Caſe it was apparent, that there would have been little or no Difficulty in getting the Law paſs'd: that on the other Hand, the Hazard of neglecting this Opportunity was as plain; it being then well known that the Land Bank Scheme was a moſt popular one; that the Hearts of the Debtors and Country-Men in general were much engag'd in it, which muſt unavoidably influence the enſuing Election of Repreſentatives; and that the majority of the next Houſe of Repreſentatives could not fail of being ſuch, as would be more inclined to favour the Scheme than the Houſe then ſubſiſting was: It ſeem'd therefore very extraordinary, if his Ex—cy was at that Time determin'd to have ſuppreſs'd the Scheme, that he ſhould let ſlip ſo favourable an Opportunity of doing it, and truſt the Fate of it, when it had already gain'd 395 Subſcribers, and was bro't ſo near to Maturity, and ſeem'd to be upon the Point of being carry'd into Execution, to a bare Order of the General Court for ſuſpending it only for two Months; within which Time it could not but be expected, tho' no formal Proceedings ſhould be made openly in the Scheme, that it's Party would ſtill grow & ſpread more thro' the Country, and be ſtrengthen'd by Patrons in the next Houſe of Repreſentatives.—As to his Ex—cy's Proclamation for informing the People of the Order of the General Court, there ſeem'd to be Danger of its being look'd upon by 'em as a Thing of Courſe only, and not to be avoided by the G—r after the General Court had paſs'd that Order; and that it could have no great Influence for preventing the Progreſs of the Scheme, ſince the Language in which his Ex—cy there ſpeaks of it, is the ſame with that, in which he ſpeaks of the Silver Scheme, which it was generally underſtood he had approved of and encouraged.

On the 28th of May following the firſt Seſſion of the next Aſſembly began, and the Injunction laid on the Partners of the two Schemes by the beforemention'd Order of the late General Court and Proclamation was expired, and they were at Liberty to proceed to the Execution of 'em: On the 29th the G—r open'd the Seſſion with a Speech to both Houſes, the Buſineſs of which is generally look'd on to be to point out to the Aſſembly ſuch Matters as the G—r would recommend to them to take under immediate Conſideration; and accordingly his Ex—cy did in that Speech point out ſeveral particular Things to 'em. And among others it might well have been expected that he ſhould have preſſed upon them an immediate Conſideration of the two Schemes, as what would not admit of Delay; but it is very remarkable that he intirely paſs'd them over in Silence in his Speech, and did not ſo much as recommend the Conſideration of them by any Meſſage afterwards during the whole Seſſion.—On the 4th of June the two Schemes were read in the new Houſe of Repreſentatives, and order'd to lie on the Table; and on the 6th the Houſe (alone) enter'd into the Conſideration of the Land Bank Scheme; and the Perſons concern'd in it were admitted to be fully heard in the Houſe upon their Arguments in Support of it.—On the ſame Day great Numbers of the moſt conſiderable Merchants and Traders in the Province ſigned and preſented a Memorial to the G—r and Council and Repreſentatives, ſetting forth the pernicious Tendency of the Land Bank Scheme, and praying that to prevent ſuch baſe and grievous Oppreſſion, and the Confuſions conſequent thereon, his Ex—cy, the Council and Repreſentatives, would diſcountenance and ſuppreſs ſo great a Miſchief. Which was read in the Houſe of Repreſentatives the ſame Day alſo; but no Order was made thereon, except that the Scheme ſhould be farther conſidered on the 18th of that Month: Which Proceedings diſcover'd plain Symptoms of the good Diſpoſition of the Houſe towards the Scheme.

On the 12th of June the Council, who were ever well diſpos'd to prevent the Execution of the Scheme, being excited by the Memorial of the Merchants to make uſe of their beſt Endeavours for that Purpoſe at this critical Conjuncture, and alarm'd at the ſeparate Proceedings of the Houſe of Repreſentatives in the Affair, which in the laſt Aſſembly had been referr'd to the Conſideration of a joint Committee of both Houſes, tho't it might be of Service, as the former Aſſembly (in March before) had put off the Conſideration of the two Schemes to this preſent Seſſion, to have another joint Committee appointed, that ſo both Houſes might act in concert, and thereupon paſs'd a Vote that five of their Members with ſuch as ſhould be appointed by the Houſe of Repreſentatives, ſhould be a Committee to conſider and report what would be proper for the Court farther to do thereon: which Vote was concurr'd in the Houſe of Repreſentatives, and eight of their Members were joined with the five Members of the Board in the Affair. —It is obſervable here that tho' his Ex—cy, according to his frequent Practice in like Caſes, had ſigned his Conſent to the Vote of the laſt Aſſembly for appointing a joint Committee of both Houſes to conſider and make Report upon the two Schemes, yet he omitted doing it to this laſt Vote: Indeed the G—r's ſigning his Conſent to any ſuch Votes was improper and unprecedented, what was not practiced by his Predeceſſors, and will not I dare ſay be imitated by his Succeſſors; but yet as this was his uſual Practice, it ſeems remarkable that he ſhould depart from it in this Inſtance.—Some have been of Opinion that poſſibly his Ex—cy might not think it proper for him publickly to declare himſelf in Oppoſition to the Land Bank Scheme at this Time, before the Aſſembly had paſs'd the Bill for his Support that Year; which is always done in the May Seſſion: But if he had been influenced by that Conſideration, tho' I think he had no juſt Grounds to fear that ſuch a Declaration from him to the Aſſembly would have moved them to offer at ſo unjuſtifiable a Proceeding, as to obſtruct the granting of his Salary, yet it is certain, that had he been deſirous of ſuppreſſing the Scheme, he might with the utmoſt Safety to his Intereſt, and without any Danger of giving Umbrage, have in a private Way try'd his Influence for that Purpoſe with his Friends and Dependants in the Houſe, among whom were ſome of the leading Men of the Land Bank Party, which it is certain he did not in the leaſt do: and it is ſurprizing that he ſhould not in all this Time once attempt to diſſwade Mr. Colman from proceeding in his Scheme, or adviſe him againſt it or declare to him that he would finally oppoſe it, as will appear hereafter that he did not.—This new joint Committee, which had failed of having his Ex—cy's Conſent ſign'd to the Vote for raiſing it, which the Vote of the former Aſſembly for raiſing their joint Committee upon the like Occaſion had obtained, never once met to conſider of the Schemes referred to them, the Members of the Houſe having refuſed to meet the Members of the Board, and to act any Thing with them, tho' called upon by the Board's Members for that Purpoſe

On the 18th of June whilſt the Matter was referr'd to the Committee of both Houſes, and before that Committee had met upon it, the Houſe of Repreſentatives (alone) took the Land Bank Scheme into Conſideration a third Time.—And upon the Day following the Queſtion being put there, Whether the Perſons concern'd in the ſaid Scheme ſhould be ſtrictly forbidden to iſſue any Bills or Notes of Hand in purſuance of the Scheme, It was reſolved in the Negative by 59 Voices againſt 37; the Names of the Voters on both Sides being taken and inſerted in two Liſts in the Journal of the Houſe, ſo that every Abettor of the Land Bank Scheme in the Houſe of Repreſentatives was publickly known, as the Names of the Subſcribers to it were before, by the Liſt given in to the former Aſſembly.—By this irregular Proceeding and ſtrong Declaration of the Houſe of Repreſentatives in Favour of the Land Bank Scheme it ſufficiently appeared what imminent Danger there was that it would be very ſoon carried into Execution, eſpecially as the Number of the Subſcribers to it, which in March proceeding appeared by the Liſt given in to both Houſes to be 395, was by this Time exceedingly increaſed.—On the 21ſt of June the Bill for the G—r's Support paſſed both Houſes to be enacted; and upon the 23d his Ex—cy ſign'd that and ſome other Acts; upon which Occaſion he ſent for the Houſe of Repreſentatives to attend him in the Council Chamber, and made a Speech to them, wherein he recommended to 'em ſeveral Matters to be done before the riſing of the Court; among which, if he had been the leaſt inclined to have prevented the Execution of the Land Bank Scheme, he could not poſſibly have neglected at that Criſis to have preſſed the Prevention of it upon the Aſſembly, nor have withſtood the ſtrong Application of the Merchants ſo lately made to him and the other two Branches of the Legiſlature againſt the Scheme; and as his Salary was now ſecured to him, he could be under no Reſtraint, for fear of the Grant of that's being obſtructed by any Attempt to ſuppreſs the Scheme.

The Merchants being now in the utmoſt Alarum at the Proceedings of the Houſe of Repreſentatives made a ſecond Application directed to the G—r and C—l as their laſt Reſort, praying as well in Behalf of the Principals the Merchants of Great-Britain as themſelves, that his Ex—cy and the C—l would interpoſe to prevent the Execution of the Scheme, which they repreſented not only as deſtructive of their own Intereſt, and that of the Britiſh Merchants, but alſo of the Welfare of the Province in general.—This Memorial was ſubſcribed by 129 of the principal Merchants, Traders and Gentlemen in the Province, and preſented by them in a great Body to his Ex—cy in the Council Chamber, and farther preſſed upon him by private Applications to him at the Province-Houſe: Upon which Occaſions in his Diſcourſe he fully condemn'd the Scheme, and took Opportunities to promiſe the Merchants that he would ſend for the Repreſentatives into the Council Chamber before he ſuffered the Aſſembly to riſe, and in a Speech to them expoſe the Malignancy and pernicious Conſequences of the Scheme in a ſtrong Light, and make Uſe of all his Weight and Influence with them for preventing its being carry'd into Execution.—This indeed was a probable Method for preventing it: and if by theſe preſſing Applications of the Merchants, and the Obligations of his own repeated Promiſes to them thereupon his Ex—cy could have been prevailed upon to have made this one Attempt for ſuppreſſing the Scheme; late as it was, and notwithſtanding all former Neglects, it would in all Probability have effectually prevented it: But notwithſtanding his Promiſes to the contrary, and that the Aſſembly continued ſitting more than a Fortnight after the ſecond Memorial had been preſented, he prorogu'd the Aſſembly to the 20th of Auguſt following, without making the leaſt Mention of the Affair to the Houſe of Repreſentatives either in a Speech or even by Meſſage: But inſtead thereof on the 17th of July, five Days after the riſing of the Court, and about three Weeks after the laſt Application of the Merchants, with the Advice of his Majeſty's Council iſſued a ſecond Proclamation giving Notice and Warning to all his Majeſty's Subjects of the Danger, they were in [from the Land Bank Scheme] and cautioning them againſt receiving or paſſing it's Notes, as tending to defraud Men of their Subſtance, and diſturb the Peace and good Order of the People, and give great Interruption, and bring much Confuſion into their Trade and Buſineſs.

It muſt be very ſurpriſing if after the Experience of the little Effect, that the former Proclamation againſt both the Schemes, tho' grounded upon, and ſtrengthen'd by a preceeding Order of the whole General Court, and fram'd in ſtronger Terms than this, had to ſtop the Progreſs of them, his Ex—cy could poſſibly expect that this Proclamation cautioning the People &c. but not going even ſo far as to prohibit the Partners of the Land Bank Company from proceeding in their unlawful Combination, and uttering their Notes, would have any Influence upon the People againſt the declared Sentiments of a great Majority of the Houſe of Repreſentatives, and the general Bent of the Country, which was now grown fond of the Scheme: And accordingly the Merchants were much diſſatisfy'd with the Behaviour of the G—r in the Time of it, if we may judge of their Sentiments by thoſe of two of the principal Ones among them, who were the leading Men in the Application from hence for procuring an Act of Parliament to ſuppreſs the Scheme, and expreſs'd their Reſentment of his Ex—cy's Uſage of them in their Letters, dated the 20th of July and the 9th of Auguſt following to their Correſpondent in London to this Effect, 〈…〉 the G—r had deceiv'd the Merchants by breaking his Promiſe to them that the Aſſembly ſhould not riſe till he had made a Speech to them in Favour of their Memorials, and expoſed the Scheme, which he 〈…〉 condemned, but not done any Thing, except iſſuing out a Proclamation, which he knew would ſignify nothing but to amuſe the Vulgar; that had he expoſed the Scheme publickly in the Aſſembly as he ought to have done and promis'd he would, they verily believed it would have had the deſired Effect.

There was indeed among other extraordinary Circumſtances of his Ex—cy's Behaviour reſpecting the Land Bank Scheme, during the late Seſſion of the Aſſembly, one that ſeems particularly Remarkable: Major Wiſe a Trader in Ipſwich and the Repreſentative of that Town was publickly known both from the Liſt of the Subſcribers to the Land Bank Scheme, and that of the Voters in Favour of it in the Houſe of Repreſentatives, as well as other Tranſactions, to be a very conſiderable Subſcriber to and Promoter of that Scheme; and it appears that on the 9th of July about a Week after the ſecond Memorial of the Merchants had been preſented to his Ex—cy and the C—l againſt the Sheme, and his Ex—cy's ſtrong Promiſes to 'em that he would diſcountenance it and endeavour to ſuppreſs it, his Ex—cy in C—l appointed the Captains of the ten Companies propoſed to be raiſed in this Province for his Majeſty's Service in the late Expedition againſt the Spaniſh Settlements in the Weſt-Indies, and that Major Wiſe was the ſecond Captain in his Ex—cy's Liſt.—This Appointment was very far from denoting his Ex—cy's Diſpleaſure againſt the Promoters of the Land Bank Scheme, and ſeem'd a Mark rather of his countenancing than diſcouraging of them: It appeared very ſtrange indeed that his Ex—cy ſhould not have it in his Power, had it been in his Inclinations, to influence a Perſon ſo dependent upon him as Mr. Wiſe was in his Vote concerning the Scheme; or that Mr. Wiſe, whilſt he was ſuing for his Ex—cy's Favour, ſhould be ſo imprudent as to abet the Scheme ſo publickly, had he in the leaſt conceived it would have been diſpleaſing to his Ex—cy, or that after he had appear'd openly in ſupporting the Scheme his Ex—cy ſhould ſo immediately diſtinguiſh him by a peculiar Mark of his Favour, if he had been then really diſguſted at thoſe, who promoted and ſupported the Scheme.—Had his Ex—cy indeed been at a Loſs to have found proper Perſons, and of ſufficient Intereſt to have raiſed the ten Companies propoſed, ſomething might have been alledged in Excuſe for his preferring a Land-Banker at that Time to be one of his Captains: But that was far from being the Caſe; he had before moſt unaccountably and contrary to the Practice of all his Majeſty's other G—rs in North-America on that Occaſion refuſed the Service of two Perſons for raiſing each of them a Company, both of 'em of ſuperiour Pretenſions to thoſe of Mr. Wiſe, as well as of all his Ex—cy's other Captains, except one, with Regard to their Skill in military Affairs, and their Intereſt in the Country for raiſing Soldiers; one of them having then actually engaged ſeventy Men for the Service, and the other being undoubtedly capable of raiſing two Hundred, if they had been required; both whom he rejected with great Marks of Indignity and Inſolence, as I am credibly inform'd, to the preſent G—r (who engaged them in the Service and recommended them to his late Ex—cy) merely becauſe he had engaged them, and preſumed to recommend them.

On the 30th of July, thirteen Days after the iſſuing of the ſecond Proclamation, the Subſcribers to the Land Bank. Scheme being now increas'd to upwards of 800 form'd themſelves into a Company, and choſe their Treaſurer, Directors and other Officers; and on the • 9th of September following executed their mutual Agreements and Covenants; and begun to iſſue out l.49,525 of their Notes, which were then ſtruck off.—In the mean Time, the Perſons concerned in the Silver Scheme had formed themſelves into a Company and choſen their Officers, and by the firſt of Auguſt begun to iſſue out l.120,000 of their Notes.

On the 20th of Auguſt following the Aſſembly met again and continued ſitting 'till the 12th of September, on which laſt Day of the Seſſion, and not before, his Ex—cy being ſufficiently apprized of the Diſſatisfaction of the Merchants, and their intended Complaint to his Majeſty and Application for an Act of Parliament to ſuppreſs the Land Bank Scheme, tho't proper to take Notice of the two Schemes to both Houſes, which he did this firſt Time in a Meſſage to them; wherein he recommended a ſtrict Inquiry into the Nature of thoſe Schemes by a Committee of that Court in its Receſs, and in the mean Time to prohibit any farther Proceedings in them without Leave from the Government, which might prevent great Confuſion and Loſs in the Eſtates and Trade of the Province.

Upon this Meſſage a Debate was had in the Houſe, and the Queſtion being put firſt, Whether a Committee ſhould be appointed to inquire (in the Receſs of the Court) into the Nature of the two Schemes, and report thereon at the next Seſſion, and the Undertakers be ſtrictly forbidden proceeding any farther upon the ſaid Schemes in the mean Time; it paſs'd in the Negative.—Then the Queſtion was put, Whether a Committee ſhould be appointed to conſider the Nature of ſaid Schemes, in the Receſs of the Court, and report at the next Sitting; which alſo paſs'd in the Negative.

And indeed by this Time when it was publickly known that six of the leading Members in the Houſe of Repreſentatives were Directors of the Land Bank Company, and ſeveral others of the Members Partners in the Scheme, and a great majority of them Abettors of it, and when the Company was form'd, and had enter'd into mutual Agreements and Covenants for carrying on the Scheme, and had actually carry'd it into Execution by iſſuing out their Notes, ſo that it was too late to prevent the Execution of their Scheme, his Ex—cy might very ſafely venture to ſend ſuch a Meſſage to the Houſe of Repreſentatives (eſpecially on the laſt Day of the Seſſion, when the Aſſembly is always impatient to riſe, and will ſeldom attend to Matters of Importance) without running the leaſt Riſque of interrupting the Progreſs of the Land Bank Scheme.—As to his Ex—cy's recommending an Inquiry into the Silver Scheme &c. in his Meſſage, which Scheme he had made no mention of in his ſecond Proclamation, but plainly drop'd all Pretence of Oppoſition to it, and which it was publickly known he approv'd of from the Beginning, and had been carried into Execution ſix Weeks before, by the iſſuing of the Company's Notes, which had obtained a Currency among the People, it could not poſſibly be look'd on as any thing more than mere Colour and Form.

During the Receſs of the General Court the G—r, as appears by his Speech to the Aſſembly made on the 22d of November, received Advice that Applications were making to his Majeſty and the Parliament of Great Britain againſt the Land Bank Scheme; and about the ſame Time receiv'd from their Excellencies the then Lords Juſtices of the Kingdom of Great Britain his Majeſty's additional Royal Inſtruction reſpecting the future Emiſſion of Bills of Credit in the Province, whereby he was directed not to give his Conſent to any Act for emitting Bills of publick Credit, without a Clauſe's being inſerted therein for ſuſpending the Execution of it, 'till his Majeſty's Royal Pleaſure ſhould be known concerning the Act: and this Inſtruction proceeded from an Addreſs of the honourable Houſe of Commons, which had then lately taken the State of the Paper Currencies in the Plantations under their Conſideration, to his Majeſty for that Purpoſe.

On the 5th Day of November during the Receſs of the General Court the Directors of the Silver Scheme at the Inſtance of the G—r and C—l, as it ſeems by a Paragraph of his Ex—cy's Speech made on the 22d of November to the Aſſembly, executed an Inſtrument under their Hands and Seals, whereby after reciting the before-mention'd 19th Articles of their Scheme, which was one of the original Articles of it, they covenanted for themſelves and their Survivors, (but with no Perſon whatſoever as Covenantee, ſo that it was queſtioned whether any Action at Law could have been maintained upon that Covenant) that they would at all Times comply with the ſaid Article; and that that Inſtrument ſhould lie in the Province-Secretary's Office for the Uſe and Benefit of the Poſſeſſors of the Bills; and on the ſame Day his Ex—cy with the Advice of the Council iſſued a Proclamation reciting that the Land Bank Notes were ſtruck off, and paſſing among the People, and warning all civil Officers againſt ſigning or giving any Countenance or Encouragement to the paſſing of them on Pain of being removed from their Offices, and on the Day following iſſued another Proclamation of the like Tenor to warn all military Officers under the like Penalty.

On the 22d of November the Aſſembly met again, and his Ex—cy made them a Speech, wherein he expreſſes himſelf thus concerning the two Schemes; You are ſenſible, Gentlemen, that there have been for ſome Time paſt two Schemes or Projections going forward for the emitting or circulating a great Quantity of private Notes of Hand to paſs in Lieu of Money; and I am told theſe Notes are now getting out among the People: Such Proceedings in any Community without the Leave & Countenance of the Government have been always judged of dangerous Conſequence to a Common Wealth; for which Reaſon the laſt Aſſembly of the Province came into a Reſolution of making Inquiry into thoſe Things, and which I wiſh had been duly purſued by you; but as it was not, the Governour and Council (in the Receſs of the Court) took theſe Matters into their Conſideration, in order to diſcountenance (as far as in them lay) any farther Proceedings about them; and they brought the Undertakers of what is commonly called the Silver Scheme to make an eſſential Amendment upon it, whereby every Poſſeſſor of thoſe Notes is intitled from the Undertakers to Silver or Gold on Demand, at the Rates expreſs'd in the Face of thoſe Bills, or otherwiſe, that the ſaid Company have obliged themſelves to pay any Difference that may happen in the Price of Silver or Gold from the Time ſtated in thoſe Notes, as the Poſſeſſors may pleaſe to demand it of them; and this Amendment is made an unalterable Article of that Scheme: and for the better Security of it an authentick Inſtrument is executed by the Directors of the ſaid Company, and lodged in the Secretary's Office, and this will prevent any Fraud or Diſcount on thoſe Notes, all diſtant Periods of coming at Silver or Gold for them being out of the Queſtion.

But as for the Scheme for forming what is commonly called the Land Bank, it appeared to the Governour and Council to be big with ſo many Miſchiefs to this People, that they thought it their indiſpenſable Duty to bear publick Teſtimony againſt it (as they have done) and ſo ſave unwary People from the Injuries, they might otherwiſe ſuffer by taking Notes for Money, which have not honeſt or ſolid Foundation, and in the End may prove ruinous to ſuch Poſſeſſors as may have any Bulk of thoſe Paper Notes: I would therefore earneſtly recommend to you the preparing of a Bill to be paſs'd into a Law to ſtop any farther Proceedings of thoſe Projectors: You have no doubt had an Account of the Applications now making to his Majeſty and to the Parliament of Great Britain for ſuppreſſing this dangerous Affair.

There are ſeveral Things very remarkable in the firſt recited Paragraph of this Speech; the G—r there aſſerts that he and the Council had during the Receſs of the then General Court endeavour'd to diſcountenance both the Schemes; whereas in Reality his Ex—cy and the Council had acted nothing upon either of them in the firſt Receſs of that Court, except iſſuing a Proclamation concerning the Land Bank Scheme, which makes not the leaſt mention of the Silver Scheme, and by omitting to mention it plainly encourag'd it; nor in the ſecond Receſs, except iſſuing the Proclamations of the 5th and 6th of November againſt the Land Bank Scheme, in neither of which any mention was made of the Silver Scheme; and that on the 4th Day of November his Ex—cy took up a Note of the Silver Scheme of the Denomination of l. 10, and on the Back of it above and under the before mention'd Advertiſement did the Company the Honour to expreſs in his own Hand writing his Approbation of their Scheme in the following Terms, viz.

Which ſeems to have been deſign'd by his Ex—cy as a Preſent to the Company of an Inſcription and Motto to be printed on the Reverſe of all their Bills, that had the Rates of Silver expreſs'd upon them, and is ſo far from diſcountenancing the Scheme, that it contains an high Recommendation of it, and Compliment to the Company.—His Ex—cy likewiſe aſſerts in that firſt Paragraph, that he and the Council had brought the Undertakers of the Silver Scheme to make an eſſential Amendment upon it; that ſuch Amendment was (then) made an unalterable Article of the Scheme, for the better Security of which [Article] an authentick Inſtrument was executed by the Directors of that Company and lodg'd in the Secretary's Office; whereas in Fact the Undertakers did not make the leaſt Amendment upon their Scheme; What the G—r alludes to is plainly the beforemention'd 19th Article of that Scheme, which the Directors had by their Inſtrument lodg'd in the Secretary's Office covenanted for themſelves and their Survivors that they would perform, which Inſtrument indeed, ſuch as it was, his Ex—cy perſwaded them to execute and lodge in the Secretary's Office; But the Article, which his Ex—cy ſays in his Speech contains the eſſential Amendment of the Scheme, is one of the original Articles of the Scheme, and never was in the leaſt amended ſince it was firſt made.—His Ex—cy alſo aſſerts in the ſame Paragraph, that by that eſſential Amendment (as he calls it) every Poſſeſſor of the Notes [of the Silver Scheme] is intitled from the Undertakers to Silver or Gold upon Demand at the Rates expreſs'd upon the Face of thoſe Bills [he means, as he before expreſs'd himſelf, on the Back of thoſe Bills] or otherwiſe that the ſaid Company have obliged themſelves to pay to the Poſſeſſors any Difference, that may happen in the Price of Silver or Gold from the Price ſtated in thoſe Notes, as the Poſſeſſors may pleaſe to demand it of 'em—all diſtant Periods of coming at Silver or Gold for them [the Notes] being out of the Queſtion: The Subſtance of which his Ex—cy alſo expreſs'd in his beforementioned Inſcription upon the Back of one of thoſe Notes in the following Words, viz. Whoever may be Poſſeſſor of this Bill, or any Other put out by this Company is intitled on Demand, or every Day to Silver at the Rates expreſs'd on the Back of this Bill, not being obliged to wait and Period; but the Bill is really Silver or Gold according to theſe Prices mentioned: Whereas in Fact the Poſſeſſors of theſe Notes were not intitled to demand Silver or Gold for 'em before the laſt Day of December 1755, and in the mean Time were only intitled to have them exchanged for common current Bills, that is Maſſachuſetts, Rhode Iſland, Connecticut or New-Hampſhire Bills (at the election of the Directors) at ſuch Rates as to prevent the Company's Bills from depreciating below their nominal Value.

It is not to be wonder'd at that the G—r after receiving his additional Inſtruction concerning the future Emiſſions of Province Bills, and being appriz'd that Applications were making to his Majeſty and the Parliament of Great Britain for ſuppreſſing the Land Bank Scheme, (as he told the aſſembly he was in his before mention'd Speech) ſhould think it dangerous for him to delay longer the declaring himſelf moſt fully in Oppoſition to that Scheme; that he ſhould at laſt come to the Point, and (amongſt other Things) recommend to the Aſſembly in the laſt recited Paragraph of his Speech to prepare a Bill to be paſs'd into a Law for ſtopping any farther Proceedings in the Scheme, an Expedient the moſt obvious to be tho't of from the Beginning.—But it ſeems moſt extraordinary indeed that after his Ex—cy had ſo lately receiv'd the Royal Inſtruction prohibiting his conſenting to the Emiſſion of any more Bills of Credit by the Legiſlature, tho' even for the neceſſary Support of his Majeſty's Government, until the Act for emitting them ſhould have received his Majeſty's Royal Approbation, he ſhould not only ſtrongly recommend an Emiſſion of l.120,000 in Notes, for a Medium of Trade, which were unlawful in Reſpect of their Nature, and bad as to their particular Scheme; but that he ſhould proceed ſuch unparralel'd Lengths, as to endeavour to impoſe falſe Facts upon the People from the C—r in order to recommend theſe Notes, tho' he had but juſt before in the ſame Paragraph declar'd that ſuch Proceedings [meaning Emiſſions] in a Community without the Leave and Countenance of the Government had always been judged of dangerous Conſequence to a Common Wealth—and that He and the Council had in the Receſs of the Court taken the two Schemes into their Conſideration, in order to diſcountenance, as far as in them lay, any farther Proceedings in them▪ I ſay it is ſurprizing indeed that his Ex—cy from the C—r, immediately after having pronounced this Scheme dangerous to the Common-Wealth, and declaring that he and the Council had endeavour'd to diſcountenance it, ſhould in the ſame Breath dreſs it up to the People in falſe Colours, in order to give the Company's Notes a better Currency among them.

On the 5th of December a Vote of Council was paſs'd that Samuel Adams, William Stoddard, & Samuel Watts, Eſqrs; Juſtices of the Peace for the County of Suffolk, and Robert Hale and John Choate, Eſqrs; Juſtices of the Peace for the County of Eſſex, five of the Directors of the Land Bank Company, ſhould be diſmiſs'd from their Offices of Juſtices of the Peace for perſiſting to Countenance and encourage the paſſing of theſe Notes, and that Copies of that Order ſhould be tranſmitted by the Secretary to the Clerks of the Peace for the ſaid Counties; and on the ſame Day the Queſtion being put in Council, whether an Inſtrument intitled the Land Bank Scheme, which had been offered to the Secretary by one of the Directors to be recorded in his Office, ſhould be recorded, it paſs'd in the Negative.—And on the 9th of the ſame Month a Vote was paſs'd in Council that George Leonard, Eſq one of His Majeſty's Juſtices of the Peace for the County of Briſtol, and a Juſtice of the inferiour Court of Common Pleas in the ſame County, another of the Directors of the Land Bank Scheme, ſhould be removed from his Offices of Juſtice of the Peace and of the Pleas for the ſame Reaſon and that a Copy of that Order ſhould be tranſmitted by the Secretary to the Clerks of the Peace, & of the Inferiour Court of Common Pleas for the ſaid County.—On the 19th of the ſame Month another Vote of the Council was paſs'd for diſmiſſing Joſeph Blanchard, Eſq a Partner of the Land Bank Company from being a Juſtice of the Peace for the County of Middleſex for the like Cauſe; and on the ſame Day another Vote of Council was paſs'd that the Secretary ſhould write to the Regiſters of Deeds and Conveyances in the ſeveral Counties to ſend him Liſts of the Names of ſuch Perſons, as had made Mortgage of their Eſtates for the Manufactory Bills, in order to be laid before the Board.

In the ſame Month and Beginning of January other Votes of the Council were paſs'd for removing other Juſtices of the Peace from their Poſts for continuing to be concerned in or encouraging the paſſing of the Land Bank Bills: But nothing was done by his Ex—cy for the actual Removal of any of theſe Officers in Conſequence of the Votes of Council, except nominating and commiſſionating Job Almy, Eſq to be a Juſtice of the Pleas for the County of Briſtol in the Room of the above mention'd Mr. Leonard, whoſe Commiſſion for that Office was thereby ſuperſeded: as to the before-mention'd Juſtices of the Peace and the other Juſtices, againſt whom like Votes of the Council were paſs'd, which Officers are all conſtituted by the G—r, in whom ſolely is the Power of nominating & commiſſionating 'em for their reſpective Poſts, tho' the Advice and Conſent of the Council is requiſite to make ſuch Nominations effectual, his Ex—cy neither iſſued out new general Commiſſions of the Peace, nor ſent them particular ſuperſedeas's, (one or other of which Acts was neceſſary for the Removal of them from their Poſts,) nor even ſent his own Orders (purſuant to the Vote of the Council) to the Clerks of the Peace to ſtrike their Names out of the Liſts of Rolls of Juſtices in their reſpective Counties, nor did any Act whatſoever, whereby he could poſſibly imagine that he had ſuperſeded any of their Commiſſions, not even ſo much as ſigning his Conſent to the Council's Votes of Diſmiſſion, which according to his Cuſtom of ſigning his Conſent to Votes for raiſing a Committee of both Houſes to conſider of any Matters in order to make their Report upon 'em to the two Houſes, ſeem'd natural for him to have done; ſo that for the Diſmiſſion of theſe Perſons from their Offices there was nothing but bare Votes of the Council, who, tho' their Advice and Conſent is by the Royal Charter neceſſary to the making of his Majeſty's Juſtices of the Peace, have not the leaſt Shadow of Authority, when they are made, to remove them; But theſe Gentlemen remain'd, after theſe Votes of the Council, as much inveſted with the Powers and Authorities of Juſtices of the Peace, as they were before, with their Names ſtill continu'd in the Rolls of the Juſtices in their reſpective Counties.

It is difficult to know what to impute his Ex—cy's Behaviour to in this Caſe: it ſeems incredible that after iſſuing two Proclamations for prohibiting all Civil, and Military Officers to countenance the Land Bank Scheme under the Penalty of being diſmiſs'd from their Poſts, and his actually removing Mr. Leonard from being a Juſtice of the Inferiour Court of Common Pleas for the County of Briſtol, and diſmiſſing ſome Military Officers for that Offence his Ex—cy ſhould not really be in earneſt to remove the Juſtices of the Peace and Coroners, but ſhould promote thoſe Votes of Council (if he did promote 'em) to ſave Appearances only; and it ſeems equally incredible that his Ex—cy ſhould be ſo profoundly ignorant of the Principles of Government, as to imagine that the Council had Power by their Vote to remove Officers, who are nominated and commiſſionated by His Majeſty's G—r, and by the Tenor of their Commiſſions hold their Poſts during his Pleaſure; and that no Act of his was neceſſary to that Purpoſe: I ſhall therefore leave you to your own Judgment in this extraordinary Affair.

However that may be, if before the Land Bank Subſcribers had form'd themſelves into a Company, and enter'd into mutual Agreements and Covenants, and had iſſued out their Notes his Ex—cy had iſſued his two laſt Proclamations, which it was indiſputably in his Power to have done in the Beginning of this Scheme, as the Council was always ready to concur with him in preventing the Execution of it; or had thought fit to diſmiſs any of his Civil or Military Officers, either of which he might have done even without the Concurrence of the Council, (according to the beſt Opinions here) for perſiſting to be concerned in the Scheme or countenancing it, there can be no reaſonable Doubt, but that theſe Proceedings would have had their proper Effect and infallibly have prevented any further Progreſs of the Scheme; But as his Ex—cy had carefully avoided taking theſe Steps or any others, that could well be expected to be effectual, whilſt the leading Men of the Scheme were at Liberty to have quitted it at their Pleaſure; and refuſed to exert himſelf till the Company was formed and the Scheme was actually executed, and the Directors and Partners were hamper'd with Covenants and Engagements, which they were perſwaded they could not get rid of, without the Conſent or Diſſolution of the whole Company; inſtead of ſuppreſſing the Scheme, or checking the Progreſs of it, theſe Meaſures and his open Favour and Indulgence to the Directors and Partners of the Silver Scheme, which it was his Duty to have diſcountenanced too, ſerved only to exaſperate and inflame the Minds of the Populace, and raiſed a malignant Spirit which was very near at laſt breaking out into a Riot or Inſurrection.

During the Time of theſe Proceedings at Boſton, the New-England Merchants, and Traders in London having been ſtirred up by the Complaints of the Merchants from hence upon the Diſappointment of their Application to his Ex—cy, and the Aſſembly for preventing the Execution of the Land Bank Scheme here preſented a Petition in Behalf of themſelves, and the Merchants and Traders reſiding in this Province to his Majeſty in Council for Redreſs againſt the Scheme; which Petition was on the 27th of October 1740 referr'd to the Lords Commiſſioners for Trade & the Plantations; at which Board upon a Hearing on the Petition Mr. Pa—dge his Ex—cy's Brother in Law and Agent in London, eſpecially in Matters of ſecret Service, a Perſon devoted entitely to his Ex—cy's Intereſt, and abſolutely under his Influence in Affairs that concerned the Province, ſtrenuouſly oppos'd it, and attempted to vindicate the Scheme, notwithſtanding their Lordſhips had, before he declared himſelf, expreſs'd great Indignation againſt it; in doing which Mr. Pa—dge upon being aſked by their Lordſhips, for whom he appeared in this Caſe, deny'd that he was employ'd by any Perſon and profeſſed himſelf a Voluntier in it; which was undoubtedly true with Reſpect to the Directors and Partners of the Land Bank Scheme who had not ſent him any Inſtructions in it, or in the leaſt ſignified to him any Deſire that he would intermeddle in the Affair, but were ſurprized at the firſt News of his concerning himſelf in it.

In the Beginning of January following Advice arrived here, that the Petition of the Merchants againſt the Land Bank Scheme to his Majeſty had met with ſuch Succeſs, that there was great Reaſon to expect that they would be relieved againſt it by an Act of Parliament, together with a particular Account of Mr. Pa—dge's appearing in Favour of the Scheme—This Conduct of Mr. Pa—dge's ſurprized every Body exceedingly: It ſeemed ſtrange indeed that without having the leaſt Concern in the Scheme or Relation to it, and without any Direction from thoſe, who were intereſted in it, he ſhould officiouſly engage in the Support of it, where it was look'd upon as a Scandal and Reproach for any Man to give the leaſt Countenance to it, or even ſpeak a favourable Word of it; It appeared I ſay incredible that he ſhould voluntarily expoſe himſelf to certain Diſcredit and Contempt by entring ſingly into the Defence of a Scheme, in which he was not in the leaſt intereſted, againſt all the World on your Side of the Water, unleſs he had ſome ſecret Inſtructions and Advice from hence from ſome Employer, whom it was not proper for him to name, and ſome Proſpect of reaping Advantage by it.

It is certain that had Mr. Pa—dge ſucceeded in his Attempt to prevent the paſſing of the Act of Parliament for ſuppreſſing the Land Bank Scheme, he could not have failed of being rewarded by the Aſſembly for his Succeſs, with their Choice of him to be ſtanding Agent for the Province, and that nothing could be more agreable to his Ex—cy than the carrying of that Point; and it was as certain that at that Time Mr. Pa—dge's Succeſs would have made the G—r the Idol of ſix Parts in ſeven of the People, and that the leaſt Advice or Hint from his Ex—cy was ſufficient to ſteer his Brother, with whom ſuch a Secret would be quite ſafe, into the Meaſures, he purſued in Favour of the Scheme: and as this ſeem'd fully to account for not only Mr. Pa—dge's Conduct, but alſo his Ex—cy's Neglect to deſtroy the Scheme in its firſt Riſe, when it was evident that the Houſe of Repreſentatives would have concurr'd in doing it; and his abſolutely declining, during the firſt Seſſion of the Aſſembly 1740, to do the leaſt Thing, which might diſcountenance the Scheme; and his withſtanding the moſt preſſing Solicitations of the Merchants upon that Point; and the Breach of his repeated Promiſes to them that he would not let the Aſſembly riſe before he had made a Speech to them, and uſed his Influence with the Houſe of Repreſentatives for preventing the Execution of the Scheme; likewiſe for his Ex—cy's avoiding to take any Step in the Aſſembly, even during the next Seſſion of it, for preventing the further Proceedings of the Land Bank Company, till they had fully carried their Scheme into Execution, & it was but a few Hours before he prorogu'd the Court; and in ſhort, his avoiding to take any effectual Steps for preventing the incorporating of the Land Bank Company, and actual Execution of the Scheme, which it was in his Power to have done from the Beginning without the Concurrence of the Houſe of Repreſentatives; all which Behaviour both of his Ex—cy's & Mr. Pa—dge's is not otherwiſe to be accounted for or explained; Upon all theſe Accounts (I ſay) the News of Mr. Pa—dge's Conduct created a Suſpicion that there muſt have been ſome Correſpondence between the two Brothers upon the Affair of that Scheme at the Beginning of the Merchants Oppoſition to it, and that Mr. Pa—dge muſt have had ſome Advice or Hint given him by his Ex—cy to engage him in acting the Part, he did; which at all Events it does not ſeem reaſonable to think he would have acted without his Ex—cy's Approbation of it, at leaſt ſignifyed one Way or other to him.—The ſoling Circumſtance ſeemed alſo to favour ſuch Suſpicion afterwards, viz. His Ex—cy's declaring that he might have had l. 10,000 or even l.20,000 old Tenor, from the Land Bank Company for favouring their Scheme▪ and if he was really perſuaded of that (as he plainly ſeems to have entertain'd ſome Notion of it in his own Mind) what might he not propoſe to himſelf to get from them for his extraordinary Services, if his Brother had ſucceeded in his Attempt? But as the Hope of that began now to fail, it demanded his Ex—cy's moſt vigorous Efforts to Diſcountenance the Scheme, and to wipe off the Suſpicion, which he muſt be ſenſible Mr. Pa—dge's Conduct would naturally raiſe, of his having been ſecretly at the Bottom of this Oppoſition to the Petition of the Merchants at the Board of Trade.

Accordingly his Ex—cy took Opportunity in his Converſation to cenſure and exclaim againſt Mr. Pa—dge's Behaviour, and in his Speech to the Aſſembly of the 9th of January, inſtantly before his prorogueing it, expreſs'd himſelf concerning the Scheme in the following Manner, viz. And this leads me to lay before this Court again the Scheme for forming what is commonly called the Land Bank; and I do in the firſt Place acknowledge the Zeal and Steadineſs of his Majeſty's Council in joining with me for ſuppreſſing a Project ſo full of miſchievous Conſequences to his Majeſty's Government and People, and I depend we ſhall ſtill proceed in all juſt and reaſonable Methods for the Deſtruction of this dangerous Attempt: And while we are thus doing our Duty to the King and this Province, I am ſorry, Gentlemen of the Houſe of Repreſentatives, That you will not give the leaſt Aid in this Affair, but ſeem rather to Countenance this iniquitous Contrivance and Combination, a conſiderable Number of the Members of your Houſe, as I am inform'd, having greatly intereſted themſelves in it. However, Gentlemen of the Council and Houſe of Repreſentatives, I ſhall think my ſelf oblig'd in Duty to his Majeſty, and in Faithfulneſs to this Country to lay this Matter before his Majeſty in it's proper Light; and I doubt not but the Meaſures taken with Reſpect to it here, and at Home by a Number of Gentlemen of great Subſtance Integrity and Honour, will ſoon have the deſir'd Effect, and thereby prevent the vaſt Confuſion and Ruin, this pernicious Undertaking might otherwiſe bring on this whole Government and People.

In Conſequence of his Ex—cy's Declaration in this Speech that he would lay an Account of the Land Bank Scheme before his Majeſty in it's proper Light, on the 15th of January a Vote of Council was paſſed for raiſing a Committee of that Board to prepare the Draught of a Letter to the Lords Commiſſioners for Trade and the Plantations on that Affair; which Draught was accordingly prepar'd and laid before the Board and there accepted on the 28th of January.—The Purport of this Letter was to inform their Lordſhips of the Project of the Land Bank Scheme, and of the ſeveral Proclamations and other Proceedings of the G—r and Council, and it appears by the Draft of it now in the Secretary's Office to have been ſign'd by the three Members of Council, who were the Committee for drawing it.—This I take to be the Account of the Land Bank Scheme, mention'd in his Ex—cy's Speech to be intended by him to be laid before his Majeſty.—Upon this Proceeding I would obſerve that his Ex—cy well knew, his Majeſty had been fully inform'd of the Land Bank Scheme, and it's pernicious Tendency above three Months before in a very proper and effectual Manner by the Petition of the Merchants in London; that both the Lords Commiſſioners for Trade, and the Lords of the Committee of Council had conſider'd the Scheme and reported upon it, and that there was the utmoſt Probability, that the Parliament had by this Time taken it under their Conſideration, in order to provide for the Suppreſſion of it:—This Proceeding ſeems therefore calculated by his Ex—cy to attone for Mr. Pa—dge's Conduct at the Board of Trade in Relation to the Scheme, rather than to give his Majeſty any new Light or Information in the Affair.—It had the Appearance of his Ex—cy's concurring with the Merchants in London, whom his Brother in Law and Agent had lately oppoſed in their Petition againſt the Scheme, and who moſt ſurprizingly continued afterwards to oppoſe them, even when the Bill for ſuppreſſing the Scheme was depending in Parliament, notwithſtanding he had met with ſuch a Repulſe before the Lords Commiſſioners of Trade, as would ſufficiently have diſcouraged any other Perſon, who was, as he profeſs'd himſelf, a Voluntier in the Caſe, from attempting any Thing farther in Favour of it.—You will alſo obſerve Sir, that his Ex—cy ſays in his laſt mention'd Speech, "He doubts not but the Meaſures taken with Reſpect to the Scheme here, and at Home by a Number of Gentlemen of great Subſtance, Integrity and Honour would 〈◊〉 have the deſir'd Effect, and thereby prevent the vaſt Confuſion and Ruin, that pernicious Undertaking might otherwiſe bring on this whole Government and People."—What Aſſiſtance the before-mention'd Letter to the Lords Commiſſioners of Trade might afford the Gentlemen at Home in their Endeavours for preventing the Ruin & Confuſion likely to be bro't on the Province by the Land Bank Scheme (in Caſe it was ſent there) I won't pretend to determine; but it is certain that the Meaſures taken by the Gentlemen at Home had a moſt happy Effect for delivering the Province from the Ruin and Confuſion, which his Ex—cy's Meaſures here with Reſpect to the Scheme had brought this Government and People upon the Brink of; and it is difficult to determine which Part of his Ex—cy's Conduct had the greateſt Share in the Miſchief; whether his long Connivance at the leading Men of the Scheme, and his Neglect to uſe the Meaſures proper for preventing the Execution of it, when it was in his Power to have done it, whereby he ſuffered it almoſt to eſtabliſh itſelf among the People, or his untimely Meaſures for ſuppreſſing it afterwards, when it was really out of his Power to do it, whereby he raiſed a malignant Spirit in the Country, which threaten'd the Government with Diſorder and Confuſion.

Some Time in this Month of January Mr. Colman the before mention'd Projector and Treaſurer of the Land Bank Scheme ſent another Letter to his Ex—cy to expoſtulate with him upon theſe Proceedings and his Partiality to the Silver Scheme, in a Paragraph of which Letter he expreſſes his Surprize at the G—r's Oppoſition to the Land Bank Scheme in theſe Words; Sir, I perceive by my Brother that your Ex—cy is offended at my writing a few Lines in Juſtification of what we are doing about our Land Bank—I confeſs I never expected to ſee your Ex—cy againſt us, but on the contrary, that you would have been paſſive in the Matter; for by all the Diſcourſe, we have had about it before you went to England, and ſince your Return, I thought you inclin'd to favour it rather than the contrary; We often talked of the Difficulties, which attended bringing in Silver, and that it would be the Work of many Years to effect it; and when we talk'd of the vile Abuſes put upon People by the Silver Bankers you faulted their Conduct as much as I did; what your Ex—cy ſees in their ſecond Scheme to recommend it, I know not; to me it appears not a Whit better than the Former; but rather worſe; for the Length of Time ſet for it's Continuance will give the oppreſſive Uſurer the greateſt Opportunity to eat up his Neighbour.—The Contents of which Paragraph, as alſo that his Excellency never adviſed him againſt purſuing his Scheme, or to deſiſt from it, or any Ways declar'd himſelf to him in Oppoſition to it before that Time, Mr. Colman has verify'd by his Declaration upon Oath: And this farther to be confirm'd by the following Circumſtance, viz. That Mr. Colman being about that Time very angry at his Ex—cy's Treatment of him & his Scheme determin'd to publiſh to the World in one of the Boſton News-Papers an Account of the Diſcourſe, which had from Time to Time paſs'd between himſelf & his Ex—cy upon the Subject of the Land Bank Scheme, ſetting forth the G—r's former Declarations of his Sentiments concerning it; and deliver'd ſuch an Account to Meſſieurs Kneeland & Green to be printed in their next Weekly Paper; but tho' this Account was ſigned by Mr. Colman, yet as the Subject-Matter of it concern'd the G—r, they did not think it prudent for them to print it without his Ex—cy's expreſs Leave for doing it; whereupon Mr. Green communicated it to his Ex—cy to know his Pleaſure concerning the printing of it; but the G—r after having read it told him, it would not do, and forbid him to print it, and thereupon Mr. Green deliver'd back to Mr. Colman his Paper.

In this and the following Months of February and April ſeveral other Votes were paſs'd in Council reſpecting the Land Bank Scheme; one of which was that the Secretary ſhould ſign a Letter in Behalf of the Board to the ſeveral Courts of Juſtice within the Province, recommending to them to uſe their beſt Endeavours, that none of their Officers, or Dependants ſhould give any Encouragement to the Land Bank Bills; and another, that no Perſon ſhould be admitted to appear and plead before the Board as an Attorney or Counſellor at Law on any Account whatſoever, who ſhould paſs, receive, or give Encouragement to the Land Bank Bills; and the reſt of them for the Diſmiſſion of other Juſtices of the Peace for perſiſting to encourage the paſſing of the Bills.

By this Time the popular Diſcontent at theſe Proceedings ran very high; there were upwards of 800 Partners in the Scheme, and five Parts in ſix of the Countrymen, who were not intereſted in it, were Abettors of it; the Bills had obtained a Currency throughout the Country, and the Poſſeſſors of them were numerous.—One Circumſtance, in his Ex—cy's Conduct particularly irritated and inflamed the Spirits of the Land Bank Party, viz. the Encouragement and Patronage, which he afforded to the Silver Scheme; the great Impoſition & Unreaſonableneſs of which they could plainly diſcern, tho' they were blind with Partiality to the miſchievous Effects of their own: the unequal Proceedings therefore of the Government in Reſpect to the two Schemes they look'd on as Injuſtice to themſelves and reſented highly, and there is no Queſtion but that if his Ex—cy had done his Duty with Reſpect to the Directors and Partners of the Silver Scheme, whom the Parliament of Great Britain afterwards condemned equally with the Land Bank Company, and ſubjected to the ſame Penalties that it inflicted upon the Partners of the Land Bank Scheme, the People would have acquieſced in the Suppreſſion of the Land Bank Scheme, or at leaſt have born it with ſecret Reluctance only; whereas their Clamour and Threatnings now grew ſo loud that they alarm'd the Government; and a Vote of Council was thereupon paſs'd the 9th of May reciting, that Information had been given of a Combination of many ill minded Perſons in ſeveral Towns within the Province to come in a tumultuous and ſeditious Manner into the Town of Boſton, in order to force the Currency of the Land Bank Bills; and thereupon ordering that the Members of the Board then preſent, who were Juſtices of the Peace throughout the Province, ſhould iſſue out their Warrants for apprehending the Perſons or ſome of the Principal of them, that were repreſented as concerned in that Deſign.

On the 25th of April 1741 the Aſſembly was diſſolved, and on the 27th of May following the new Houſe of Repreſentatives met and made Choice of Samuel Walls, Eſq a Director of the Land Bank Company for their Speaker, who was accordingly preſented to the G—r for his Approbation purſuant to the Charter, but was diſapproved; whereupon the Houſe proceeded to a ſecond Choice and elected Mr. William Fairfield an Abettor of the Scheme for their Speaker, who upon being preſented to his Ex—cy for his Approbation was approved of: Then the Council and Houſe of Repreſentatives proceeded to the Choice of Counſellors, eleven of which being either intereſted in or known Abettors of the Land Bank Scheme his Ex—cy negativ'd—the Choice of Mr. Fairfield for Speaker who was moſt remarkable for his general Oppoſition to Government, 〈◊〉 and openly in his Diſcourſe bid Defiance to the Act of Parliament then lately paſs'd for the Suppreſſion of the Land Bank Scheme, and was a Perſon, whom the Houſe would not have choſen for a Speaker at any other Time, and the Choice of the Land Bank Counſellors ſufficiently diſcover'd the Temper and Spirit of the Houſe of Repreſentatives, which the G—r therefore diſſolv'd on the 28th of May: And Writts were iſſued for the Choice of new Repreſentatives returnable the 8th Day of July following.

In the mean Time Advice arrived that Mr. S—ey was appointed G—r of the Province by his Majeſty; but as his Commiſſion was not arrived here by the 8th of July G—r B—r then met the new Aſſembly; when it appeared that the Diſſolution of the late Aſſembly had wro't no Change in the Houſe of Repreſentatives, but rather increaſed it's Number of Land Bank Members.—The Houſe then proceeded to elect for their Speaker John Choate, Eſq a Director of that Company, whom G—r B—r therefore negativ'd; after which they proceeded to a new Choice and elected John Hobſon, Eſq a Favourer of the Land Bank Scheme but not intereſted in it, whom the G—r approv'd of.

On the 31ſt of July, twelve Days before the Arrival of G—r S—ey's Commiſſion, and when it was every Day expected, the Houſe proceeded to the Election of ſuch civil Officers for the Year enſuing, as the Charter directs ſhall be appointed by the General Court, and among others choſe Samuel Watts, and Robert Hale, Eſqrs; to be two of the Collectors of the Exciſe, to which Choice the Conſent of the G—r as a Part of the General Court is neceſſary, as alſo his Commiſſion is for conſtituting them Collectors after they are choſen; theſe two Gentlemen were Directors of the Land Bank Company, and as ſuch the Council had paſſed a Vote (as I before obſerv'd to you) for the Diſmiſſion of 'em from being Juſtices of the Peace; and G—r B—r had for the ſame Reaſon negativ'd the Election of the former for being Speaker of the Houſe of Repreſentatives in the laſt Aſſembly about two Months before; but his Ex—cy, tho' not the leaſt Step, was then taken by the Land Bank Company for putting an End to the Scheme, in Obedience to the Act of Parliament for ſuppreſſing it, but whilſt on the other Hand their Party continued to ſet the Act at Defiance, and threaten their Oppoſers, ſuddenly alter'd his Behaviour towards theſe Directors, and approv'd of the Choice of them and other noted Abettors of the Scheme to be Collectors of the Exciſe, and accordingly commiſſionated them for that Purpoſe.—This Alteration of his Ex—cy's late Conduct towards the Land Bank Company ſeems very remarkable; But to what it is to be imputed, whether to the near Approach of his being removed from his G—t on the Arrival of G—r S—ey's Commiſſion, or any other Cauſe, I ſhall not pretend to determine: It is certain that had not his E—cy been very well inclined to have done it, and even fond of this farewell Act of Grace to the Company, he might have delay'd acting upon the Liſt of theſe Land Bank Collectors of Exciſe, and have left it for his Suc—r, whoſe Commiſſion was every Day expected, either to have approved or diſapproved of them.

On the 13th of Auguſt the preſent G—r's Commiſſion arrived and was publiſh'd the Day following, which put an End to G—r B—r's Ad—n: The State and Condition of the Province at the Time of Mr. B—r's quitting the C—r may be collected in general from the Senſe, which it appears the Houſe of Repreſentatives had of it by their Addreſs to Mr. S—ey upon his Acceſſion to the G—t: They there tell him that they were much concerned to think that it ſhould be at a Time when this Province was labouring under ſo many Difficulties & Diſtreſſes, and to which he could be no Stranger; but then it would be ſo much the more for his Honour, if he might be the happy Inſtrument of leading 'em out of them; and that they muſt not deſpair of the Common Wealth. —As to the Temper of the People at that Time, the Land Bank Party, which was very numerous throughout the Province, were irritated and inflamed to ſuch a Degree, that they ſeemed ripe for Tumult and Diſorder; they had perſwaded themſelves that the Act of Parliament could not be carried into Execution, and had even bid Defiance to the Government by their Threats; and it had not a little contributed to exaſperate them, that tho' the Parliament of Great Britain had included the Directors & Partners of the Silver Scheme in the ſame Condemnation with thoſe of the Land Bank Scheme, yet the former had ſhared the Smiles and Favours of his late Ex—cy, whilſt thoſe of the Land Bank had been treated of late in a quite different Manner: Nor was the Temper of the Houſe of Repreſentatives in a much better Frame than that of the Populace, two Thirds of the Members at leaſt being either Partners of Abettors of the Land Bank Scheme, from whom a general Oppoſition to all the Meaſures of Government neceſſary at that Time for his Majeſty's Service and the publick Welfare of the Province ſeemed in their preſent Diſpoſition to be much feared: As to the G—r's diſſolving 'em and calling a new Aſſembly, the Diſſolution of the late Aſſembly had given him full Proof that it would only ſerve to inflame the Country more; and that it was in vain to expect that a new Choice would leſſen the Number of Land Bank Repreſentatives.

Several Points of Conſequence to his Majeſty's Service were at this Time neceſſary to be effected by the preſent G—r, among which were theſe following, viz.

In September 1741, Capt. Winſlow arriv'd here from the Army under General Wentworth's Command with Inſtructions to raiſe Recruits for the American Regiment then in his Majeſty's Service in the Expedition againſt the Spaniſh Settlements in the Weſt Indies, which it was the G—r's Duty to promote in the Province, purſuant to his Majeſty's expreſs Orders for that Purpoſe, by engaging the Aſſembly to give ſuitable Encouragement to Men to enliſt in the Service: In the Beginning of the September preceeding G—r B—r had indulg'd the laſt Aſſembly with diſbanding at their Requeſt four Companies of Soldiers then lately raiſed in the Province for his Majeſty's aforeſaid Service in Purſuance of his Royal Commands, and for the tranſporting of which to the Place of general Rendezvous in the Weſt-Indies that Aſſembly had obliged themſelves by a late Vote to raiſe a ſufficient Sum of Money; by Means of which Diſmiſſion, which his Ex—cy went into the Field to effect perſonally at the Head of each Company, three of thoſe Companies were entirely broke up & loſt from his Majeſty's Service, and the other was very near being loſt, but was at laſt with great Difficulty ſaved by the Advice and Vigilance of his preſent Ex—cy then a private Gentleman upon their re-inliſting, which by the Terms of their Diſmiſſion they had a Liberty of doing.—The Pretence of his late Ex—y's aſſuming this extraordinary Power was that Commiſſions, Cloaths and Arms were not ſent for thoſe Companies to Boſton; whereas undoubted Aſſurances had been given that thoſe Companies would have been received in the Army upon the ſame Terms with the Companies, for whoſe Officers Commiſſions had been ſent to Boſton; and upon the Aſſurance of which the Officers of thoſe four Companies had been prevail'd on by his preſent Ex—cy to keep their Companies together (till G—r B—r diſmiſs'd 'em) in order to proceed with them to the Weſt Indies without receiving their Commiſſions, Arms, or Cloaths from his Majeſty at Boſton, and would have accordingly proceeded, had not he thus broke the Companies up, but inſiſted, as it was plainly his Duty to have done, that they ſhould have been tranſported to the Weſt Indies at the Province's Expence, purſuant to the former Vote of the Aſſembly; which unprecedented Compliance of the late G—r and Diſmiſſion of Soldiers actually enliſted in His Majeſty's Service had an Appearance and Tendency to make the preſent G—r's Demands of an Encouragement for raiſing Recruits diſagreable to the Aſſembly, and his Succeſs doubtful.

The late G—r had alſo giv'n Encouragement to the Deſtruction of His Majeſty's Woods by countenancing Perſons commonly reputed to be Deſtroyers of them in a frivolous and groundleſs Petition containing Complaints againſt His Majeſty's then Survey or General of the Woods, and the Court of Vice Admiralty addreſſed to himſelf with Compliments upon his own Ad—n; which Petition he privately employed a Perſon in Boſton to correct and amend by aggravating the Complaints againſt the Surveyor General and heightening the Compliments upon himſelf; and after ſending it to the Petitioners to be new ſigned tranſmitted it to be laid before His Majeſty, in order to make his Surveyor General and the Court of Vice Admiralty obnoxious to His royal Diſpleaſure for exerting their beſt Endeavours to diſcharge their reſpective Duties for the Preſervation of His Woods—And alſo by neglecting to cauſe the Orders of His Majeſty in Council for the Redreſs of Workmen employed in cutting Trees for the Service of the royal Navy to be carried into Execution by the Judges of the Provincial Courts, and expreſly declaring his Opinion to be againſt His Majeſty's Juriſdiction in that Caſe; the ill Conſequences of which to His Majeſty's Service have been ſince ſenſibly felt in the Province, which it was his preſent Ex—cy's indiſpenſable Duty to endeavour to remedy, by cauſing the abovementioned royal Orders to be carried into Execution (for doing which he alſo received afterwards His Majeſty's expreſs Commands) and a Law of the Province to be paſſed for the better Preſervation of His Majeſty's Woods within it.

The late G—r had alſo throughout his whole Adminiſtration indulged the Aſſembly in the Practice of dividing old Townſhips and erecting new ones out of 'em whereby thoſe Towns had a Right to double the Number of their Repreſentatives; which Practice (tho' an eſtabliſh'd one with the Aſſembly) as the preſent G—r look'd upon it to be of pernicious Conſequence in ſeveral Reſpects, he was determin'd to put a ſtop to.

The Fortifications throughout the Province were in a ruinous and defenceleſs Condition, particularly thoſe at Caſtle William, the Key of the whole Province and its main Fortreſs, which the preſent Rupture with Spain, and the Proſpect of another very ſpeedily with France made it dangerous to delay the Repairs of longer, and called for large Grants of Money.

Other Points alſo eſſential for the Good of the Country demanded his preſent Ex—cy's immediate Attention: The late G—r had indulged the People with a Scheme of Province Bills, which from the Experience of many Years before his coming to the Ad—n had been found by their continual depreciating to prove a mere Fraud to the Merchants of Great Britain trading hither, and other Creditors in general; and which his preſent Ex—cy had therefore determined to bring under a new Regulation.

His late Ex—cy had likewiſe permitted upwards of l. 390,000 of theſe Bills, computed in Bills of the old Tenor, to be outſtanding beyond their ſtated Periods, which both the Province Law had provided and his Majeſty's Royal Inſtructions required ſhould have been ſunk at their proper Periods; and this great Arrear it was neceſſary for the preſent G—r to 〈◊〉 to be drawn in by Executions at a Time, when the publick Service happen'd to require heavier Taxes to be lay'd on the People than what they had pay'd for twenty Years before; the drawing in of which Sum muſt be felt by the Towns in Arrear as much as if it had been aſſeſſed upon them by a new Tax.

For effecting ſome of theſe Points, the Concurrence of the Aſſembly with the G—r was abſolutely neceſſary, and for compaſſing the others it was requiſite that the Diſſatisfaction and Ferment, in which his late Ex—cy had left much the greateſt Part of the Country, when he quitted the C—r, ſhould be allay'd.—The only practicable Method therefore for the G—r to enable himſelf to do the Duty of his Poſt in theſe Particulars was to reſtore the general Tranquility of the Province, and an Harmony between the three Branches of the Legiſlature, the latter of which he could not reaſonably hope to effect without reclaiming the leading Men of the Land Bank Party in the Houſe of Repreſentatives into the Service of his Majeſty, and the true Intereſt of the Country; whereby all unreaſonable Oppoſition in that Houſe to the Meaſures of the G—t might be removed; and the previous Step to be taken as preparatory to this End and all other Meaſures, was to diſpoſe the principal Directors and Partners of the Land Bank Company voluntarily to pay a due Obedience to the Act of Parliament for ſuppreſſing their Scheme: 'Till this was effected it was in vain to expect that the publick Tranquility could be ſettled, or the Houſe of Repreſentatives bro't to a juſt Senſe of their Duty; or that even the Act of Parliament itſelf could be carried into Execution without Danger of ſome violent Struggles and Commotions in the Province.—This therefore claimed the preſent G—r's moſt immediate Attention; and ſuch Progreſs was made in this Affair by the 23d of September that at a general Meeting on that Day of the Directors and Partners of the Land Bank Scheme held at Milton a Committee was choſen who were impower'd to attend and aſſiſt the Directors in conſuming the Bills as paid in by the Partners, or otherwiſe drawn into the Treaſury, and that they in Behalf of the Partners ſhould audit & ſettle the Accounts of Trade with the Directors or Factors of the Partners, in order to their receiving or paying what might be gain'd or loſt on the Trade, to be concluded and ſhut up as ſoon as poſſible, and that they ſhould ſee the Plates on which the Bills were ſtruck be forthwith deſtroyed.;—And on the 28th of September the Directors by an Entry under their Hands in the Company's Books made the following Declaration, viz. We the Subſcribers having been concerned in the Manufactory Scheme lately erected in Boſton on Land Security, which by the Partners is voted to be diſſolved, do hereby publickly declare that from this Time forward we do deſiſt from, give up, and relinquiſh, and wholly forbear to act farther therein, or directly or indirectly to carry on the ſame.

The above mention'd Vote of the Land Bank Company for putting an End to their Scheme was difficultly obtained, and carried only by a bare Majority, many of the Partners being warmly of Opinion to ſtand out in Defiance of the Act of Parliament; but the Conſequence of that Vote, and of the Declaration of the Directors for renouncing the Scheme was that the Directors in general paid an Obedience to the Act of Parliament, as much as in them lay, and ſeveral of the Partners redeemed their Quota's of the Bills, and bro't them in to the Directors to be conſum'd, and continu'd daily ſo to do; and the Directors inſtead of carrying on the Scheme attended to receive the Bills brought in by the Partners, and thereupon to cancel and diſcharge their Bonds and Mortgages, and acted wholly in Deſtruction of it; whereby the Quantity of outſtanding Bills was daily leſſen'd, the late malignant Temper viſibly abated in the Country, and the Spirit of Oppoſition ſubſided in the Houſe of Repreſentatives, and was ſucceeded by a general Diſpoſition there to promote his Majeſty's Service and the true Intereſt of the Province: The firſt Effect of which appeared in a very chearful Grant of l.18,000 old Tenor in Anſwer to his preſent Ex—cy's Speech to them for that Purpoſe, to encourage Men to enliſt for recruiting the American Regiment and tranſporting them to the Weſt Indies, not exceeding the Number of 500 Men; in Conſequence of which upwards of 170 Men were inliſted, about 110 of which were actually tranſported to Jamaica, and the Remainder of 'em upon the Arrival of News from General Wentworth that his Majeſty had ordered him to diſband the American Regiment, and put an End to the Expedition, were diſmiſs'd from his Majeſty's Service by the recruiting Officer.—But the Effect of this Diſſolution of the Land Bank Scheme, and the Change of Temper wro't in the Houſe of Repreſentatives were moſt viſibly diſtinguiſh'd in the following Inſtance; the preſent G—r had in October refuſed his Conſent to a Bill paſs'd by both Houſes for the Supply of the Treaſury, & in his Speech to 'em pointed out the ſeveral exceptionable Parts of the Bill with the Amendments, which he recommended to them to make, particularly to ſecure to every Creditor his juſt Due for the future againſt the depreciating of the Bills by enabling the King's Judges to do Juſtice in that Particular; which had a due Influence upon the Houſe of Repreſentatives in their November Seſſion, who in their next Supply Bill comply'd with the moſt material Amendments propoſed by his Ex—cy, particularly that for ſecuring to Creditors the full Value of their future Debts againſt the depreciating of the Bills of Credit, by putting it in their Power to demand of their Debtors in a Court of Judicature a full Recompence for any Depreciations, which might happen between the Time of contracting the Debt and the Payment of it; for which the General Court made Proviſion by an Act paſſed in that Seſſion, entituled an Act for aſcertaining the Value of Money and of the Bills of Credit, &c.—The paſſing of this Act was a moſt remarkable Inſtance of the Alteration in the Diſpoſition of the Land Bank Repreſentatives, (who made up above two Thirds of the Houſe,) and of the Influence, which the G—r's Recommendation had upon 'em: nothing could be more oppoſite to the Land Bank Scheme, or to the Supply Bill, which had paſs'd both Houſes but two Months before, and which his Ex—cy had negativ'd; and it muſt be a very extraordinary Change indeed, that could be wro't ſo ſuddenly in them, as to bring them from eſpouſing the worſt Scheme of Notes, & almoſt as bad a Supply Bill, to go at once greater Lengths towards regulating the Paper Currency, than the beſt compoſed Aſſembly in the Province had done for thirty Years before, and at the ſame Time to reconcile them to a Proceeding, which was not only quite new in the Province, but unpopular.—This Regulation had alſo a ſtrong Tendency to correct that Spirit of Diſhoneſty, which had before too much prevailed in the Province by Debtors neglecting to pay plain, indiſputable Debts without being compell'd to it by Judgments at Law and Executions, for the Sake of the Advantages that were before gained by them upon the Depreciating of the Bills; to leſſen the ſcandalous Number of Law Suits in the Country; and cure the People of an Inſenſibility of the Diſcredit of being openly ſued for honeſt Debts, which had lately grown upon 'em; It was indeed going as far towards curing the Evils of the Paper Currency with Reſpect to private Debts, as it was reaſonable to think the Aſſembly could be poſſibly brought to do at that Time—And for retrieving the public Faith by preventing future Aſſemblies from poſtponing the drawing in of the Bills of Credit beyond their ſtated Periods, which the laſt Aſſembly had been guilty of, they inſerted a Clauſe in the Supply Act of the ſame Seſſion, whereby it was put out of their Power to do it; which Clauſe has been ſince repeated in every ſubſequent Act for the Supply of the Treaſury.

On the 16th of January the two Houſes proceeded to a Choice of eight Signers of the Bills to be iſſued by Virtue of the late Supply Act, among which they choſe three of the Directors of the Land Bank Company, who were Members of the Houſe of Repreſentatives and the moſt leading Men of the Land Bank Party in it; and the Liſt was laid before his Ex—cy in the uſual Form for his Approbation, and he accordingly approved of it: This Approbation, it ſeems, is one of the honourable Gentleman's Articles of Impeachment againſt his preſent Ex—cy, which, if it was well grounded in itſelf, muſt come with but an ill Grace from him, who had during his own Ad—n but five Months before approved of and commiſſionated two of theſe Signers to be Collectors of the Exciſe for two Counties; and ſeemed thereby to have paſs'd an Act of Oblivion with Reſpect to their Land Bank Offence: and this was done by him before they had renounced their Scheme, or taken any Step to exempt them from the Penalty of the Act of Parliament, which was then paſs'd and publickly known here; or done any Act that could in the leaſt merit or claim ſuch Favour from his late Ex—cy, and when he was not under the leaſt Neceſſity of doing it, but might have left the Approbation or Diſapprobation of the Aſſembly's Choice to his Suc—r: Whereas his preſent Ex—cy' Approbation of the Aſſembly's Choice was in a Matter, upon which he was obliged to act, and in which a G—r's Negative would have been unprecedented: His Approbation of the three late Land Bank Directors for Signers was at a Time too, when they had renounced their Scheme, and had made ſome Attonement for the former Part, they had acted in it, by the great Share and Influence, they had in the diſſolving of the Land Bank Company, & putting an End to the Scheme; and when his Ex—cy had experienced the good Effects of their Intereſt in the Houſe of Repreſentatives for his Majeſty's Service in promoting a liberal Grant for the Encouragement of Soldiers to enliſt for recruiting the American Regiment, and alſo in the very great Share, they had in the late Regulation of the Paper Currency by bringing the Land Bank Members, over whom they had a powerful Influence, into the G—r's Meaſures for that Purpoſe: Theſe Inſtances of their Behaviour his Ex—cy had alſo ••• ſon to look upon as an Earneſt of their future Aſſiſtance in his carrying the other Points, which he had in View for his Majeſty's Service and the Intereſt of the Country, by their Weight and Influence with the Land Bank Party, which then form'd and was likely for ſome Time longer to form the majority of the Houſe of Repreſentatives.—As to the Office of ſigning the Bills, the Credit of which could not poſſibly be affected one Way or other by the Quality or Circumſtances of the Signers, who are only Servants to the Publick in that Buſineſs; and as to the Profits ariſing by it, which upon a Computation may amount to about half a Farthing Sterling per Man every Time he ſigns his Name, I ſay in either of theſe Reſpects his Ex—cy's conſenting to the Aſſembly's Choice (eſpecially in a Matter wherein the G—r's Conſent was always eſteem'd a Thing of Courſe) was ſuch a Trifle, as could ſcarcely admit of any Heſitation upon it: On the other Hand, his Refuſal of his Conſent to the Aſſembly's Choice in this Caſe would have extremely diſguſted not only the three Gentlemen negativ'd, but their whole Party both in the Houſe of Repreſentatives and throughout the Country, and have endanger'd at that Time the reviving of a malignant Spirit, which had been dormient but a very little while; and which, had it been again excited, would have deſtroyed the Harmony between the three Branches of the Legiſlature then but newly created: And it muſt have been a moſt extraordinary Piece of Policy indeed for his Ex—cy to have run the Riſque of embarraſſing his Majeſty's Service, and perplexing his own Ad—n for the future by his Refuſal of ſo Errant a Trifle, as permitting thoſe Gentlemen to be three of the Signers of the publick Bills, purſuant to the Choice of the Aſſembly.

The Effects of the late Act of Parliament for ſuppreſſing the two before mention'd Schemes begun now to be thoroughly diſcerned by the Directors and Partners of each Scheme; they perceived that the Act had declared all the Contracts, Agreements and Securities, which had paſs'd between the reſpective Directors and Partners of each Company to be illegal, and conſequently void, and had ſubjected every ſingle Perſon concerned in each Scheme to the Demands of all the Poſſeſſors of the Bills of that Scheme in which he was intereſted, ſo that thoſe who had in Obedience to the Act redeemed their Quota's of the Bills from the Poſſeſſors, and brought 'em in to be conſum'd, and pay'd their due Proportion of the Charges, which had attended the Execution of the Scheme in which they were concern'd, ſtill remained expoſed to the Demands of the Poſſeſſors of the outſtanding Bills of ſuch Scheme, and had at the ſame Time loſt all Remedy againſt their refractory Partners, who obſtinately refuſed to redeem their reſpective Quota's of the Bills, taking Advantage of the Act's having declared their Bonds and Securities given to the Directors to be illegal and void: Thus every Partner, who had in Obedience to the Act of Parliament ſubmitted to bear his Share of the Burthen and Loſs ariſing by either of the Schemes, was ſtill ſubject by Means of the Negligence or Diſhoneſty of his Partners not only to have Demands made upon him for more than what his whole Eſtate could perhaps ſatisfy, but to incur a Premunire for not complying with ſuch Demands: Some of the Poſſeſſors alſo of the Land Bank Bills now publickly threaten'd to ſue without any Diſtinction as well thoſe Partners and Directors of that Company, who had paid in their Proportion of the Bills, as thoſe, who had not.—This you will imagine, Sir, produced a general Conſternation among the worthier Part of thoſe who were concern'd in both Schemes.—The Directors of the late Land Bank Company feared alſo this farther Damage: There were ſome outſtanding Debts due to the Company from Perſons, with whom they had traded, and it was apprehended at leaſt that the late Act of Parliament had deſtroyed the Company's Demands for the Recovery of thoſe Debts, and that in ſuch Caſe their Debtors would thereby ſhelter themſelves from the Payment of them: Wherefore in March 1741/2, ſeveral of the Perſons concerned in each Scheme had Reſort by their Petitions to the General Court for Redreſs under their Difficulties, which Petitions the Council and Houſe of Repreſentatives referred the Conſideration of to a Committee of both Houſes, who made the following Report thereon, viz.

In Obedience &c. We have read the ſeveral Petitions, and heard the Parties concerned upon the ſame, and upon the whole are humbly of Opinion, that it is expedient and neceſſary for the Peace and Quiet of his Majeſty's Subjects, to do equal Juſtice to all Parties, and alſo conſonant to the Agreement of the ſaid late Companies for concluding their Schemes by redeeming and Conſuming their Bills, that this Court appoint a Committee of good and ſufficient Men, with full Power to adjuſt and audit the Accounts of the Directors and Partners of the ſeveral Companies, and of all their Contracts, Trade & Buſineſs with any others concern'd with them; to demand, ſue for, and recover of all ſuch Directors Partners or others all ſuch Bills, Notes, Sums of Money, Goods & Effects, as belong to the reſpective Companies; to require and have immediate Payment from the Directors and Partners of all ſuch Sums and Effects, as upon the ſaid Account ſhall be found due from them reſpectively, though among themſelves agreed to be paid in ſeveral Times in the Courſe of their reſpective Schemes; To receive in all the Bills of the reſpective Companies in the Hands of any People, and in an equitable Manner pay them off out of the Effects of the ſaid reſpective Companies as they come in, or in a juſt Proportion to the Effects received, 'till the whole are paid off, returning the Overplus, if any be, to the reſpective Partners in a juſt Proportion to their reſpective Intereſt therein; To conſume all the ſaid Companies Bills to Aſhes in the Preſence of good and lawful Witneſſes; To give up the Bonds and Covenants, and to execute Diſcharges of the Mortgage, or Mortgages of each reſpective Partner upon his paying in to them the full Sum by him received of the Company, together with his juſt and rateable Part of all Charges and Damages (the major Part of ſaid Committee to be a Quorum) and of all their Doings to render a plain & fair Account to the General Court from one Seſſion or Adjournment to another, 'till the whole is finiſh'd.

This Report was accepted by both Houſes, and on the 31ſt of March an Order was there paſs'd for raiſing a Committee for the Purpoſes in the Report mention'd; and the Order was laid before his preſent Ex—cy for his Conſent, and earneſt Sollicitations were uſed to obtain it; but though the G—r approv'd of the Ends propoſed by the Order of the two Houſes, yet as it was founded upon a ſuppoſed Subſiſtence of the mutual Agreements & Contracts made at firſt between the reſpective Directors and Partners of each of the ſaid Companies, which were declared and deemed by the Act of Parliament to be illegal and void ab initio, he could not be brought to conſent to it: but to prevent the Ruin, which ſeem'd to threaten many private Families, and preſerve the publick Peace and Quiet, and to draw in the outſtanding Bills of both Schemes, he promoted the following Order, which was afterwards paſs'd by the General Court at the ſame Seſſion the 23d of April 1742, viz.

—Which Order was conſiſtent with the Act of Parliament; and though the Committee raiſed by it had no coercive Power over the delinquent Partners of each Company, except for inſpecting their Books and Accounts, yet it very much alarmed them, and together with the Act of Parliament had ſo conſiderable an Effect that by the 30th of June following, (as appears by the Report of the Committee then made to the General Court) of the l. 120,000 in Notes of the Silver Scheme, which had been iſſued to the ſeveral Directors and Partners of that Company, l. 69,361. 12ſ. 6d. had been drawn in ſince the Diſſolution of the Scheme (which was voted by the Company in September 1741) l. 51,070 of which had been conſumed to Aſhes by the Directors, and the remaining l. 18291 12ſ. 6d. was in their Hands; and that of l. 47282 2ſ. 10d. of the Land Bank Notes, which had been iſſued out to the ſeveral Directors and Partners of that Company, upwards of l. 32500 had been drawn in ſince the Diſſolution of that Scheme; l. 22411 16ſ. 8d. of which Sum had been conſumed to Aſhes by the Directors, and the Remainder was in their Hands; and that the Notes of each Company were ſtill daily coming in: And at the ſame Time Liſts of all the delinquent Partners in each Company, with the Sums due from 'em, were returned by the Committee to the General Court.—Upon this Report of the Committee the General Court paſſed a Vote of Cenſure upon thoſe Partners of each of the Schemes, who had neglected to pay in their Quota's of Bills, with their Proportions of the Charges and Loſs ariſing upon the Schemes, and Voted, That in as much as this was a Matter of great Importance and the preſent Seſſion [as was then apprehended] was near concluding, the further Conſideration of the Report ſhould be referred to the next Fall Seſſion, that ſo further Meaſures might be purſued, if need ſhould be, with thoſe Partners who ſhould not then have paid in their juſt Proportion of the Bills, and of the Charges and Loſs ariſing upon the Scheme, in which they were reſpectively concerned.

In May preceeding the new Houſe of Repreſentatives, which had near the ſame Number of Land Bank Members in it, as the laſt Houſe, met and (purſuant to the Directions of the Royal Charter proceeded) jointly with the Council of the laſt Year to an Election of Counſellors for the Year enſuing; and among others choſe George Leonard and Samuel Watts Eſqrs; Members of the Houſe of Repreſentatives and late Directors of the Land Bank Scheme, (as I have before obſerved to you) to be two of the Members of his Majeſty's Council; and the Liſt of the new Counſellors was laid before his Ex—cy in the uſual Form for his Approbation; and he accordingly approv'd of it.—This Approbation, Sir, of two of the late Land Bank Directors to be two of his Majeſty's Council is another of the honourable Gentleman's Articles againſt his preſent Ex—cy, upon which Occaſion he compares the negativing of thirteen Land Bank Counſellors by the late G—r in the laſt Year with the preſent G—r's Behaviour in that Reſpect this Year: Upon which, Sir, I would obſerve to you that I apprehend, that the wide Difference between the Circumſtances of the Province at the Time of G—r B—r's negativing the thirteen Land Bank Councellors in 1741, and the Time of the preſent G—r's permitting two of the late Directors of that Company to be of his Majeſty's Council in May 1742, will ſufficiently Account for the Difference of G—r S—y's Conduct from that of his Pre—r.

In May 1741 the Spirit of the Land Bank Party was at the heighth of its Malignity; The Partners and Abettors of the Scheme then bid Defiance to Acts of Parliament, and were puſhing at an Aſcendency over the Government by getting two Branches of the Legiſlature into their own Hands; they had already a great Majority in the Houſe of Repreſentatives, and were aiming to get the ſame at the Board of Council, which, if they had obtain'd it, muſt have render'd their Influence and Power in the Province uncontroulable, and have affected every Part of it, not excepting even the Courts of Judicature: There was therefore an abſolute Neceſſity for G—r E—r's excluding the thirteen Land Bankers from his Majeſty's Council; but the Situation of the Province under G—r S—y's Adminiſtration in 1742 was very different; The Land Bank Company had then diſſolv'd themſelves, and the Directors publickly renounc'd the Scheme; the Majority of the late Partners had paid an Obedience to the Act of Parliament, and were now in Oppoſition to thoſe who refuſed or neglected to comply with it; and the Land Bank Members in the Houſe of Repreſentatives had concurr'd in Acts of Government for compelling the delinquent Partners to do their Duty.—In all theſe Proceedings the two before mention'd Gentlemen had a conſiderable Share by their Weight and Influence with the Land Bank Party in the laſt Houſe of Repreſentatives, and had been two of the principal Actors in the Deſtruction of the Scheme in every other Reſpect out of the Houſe; and their Eſtates now lay at Stake 'till all the outſtanding Land Bank Bills could be brought in, and the Scheme intirely finiſh'd: What poſſible Danger therefore could there be in admitting thoſe two Gentlemen at this Time into his Majeſty's Council?—As to their having been concern'd in carrying the Scheme into Execution, the late G—r himſelf, after he had begun to oppoſe the Scheme, did neither by the Tenor of his two Proclamations againſt the civil and military Officers concerned in it threaten to diſplace, nor did actually diſplace any one Officer merely for having acted in, or encouraged the Scheme▪ but for perſiſting ſo to do; neither did the Council paſs any of their before-mention'd Votes for the removal of any Juſtice or Coroner for having been concerned in the Scheme, or in paſſing of the Bills, but for refuſing to deſiſt from it for the future: Now theſe Gentlemen had not only deſiſted from ſupporting the Scheme, but had been very Inſtrumental in deſtroying it.—Had they incurr'd any Diſability for being of his Majeſty's Council by the Act of Parliament? The Act indeed had ſubjected them, as they were concern'd in the Land Bank Scheme, to a Premunire unleſs they ſhould before the 29th of September 1741, within ten Days after Demand made pay & diſcharge ſuch Sums, as were made payable by any of the Land Bank Notes, and deſiſt from, give up, relinquiſh, and wholly forbear to act further in any Sort directly or indirectly in any ſuch Matter or Thing; But they had hitherto paid a moſt exact Obedience to the Act, and thereby avoided ever coming within the Penalty of it: Does the honourable Gentleman think that they had render'd themſelves infamous for having been concern'd in an unlawful Combination for propagating a Scheme of Paper Money, which the Act of Parliament has cenſur'd as a Nuſance▪ and thereby diſqualified themſelves for ſitting at the Council Board? Why, the Silver Scheme was equally unlawful and equally cenſured by the Act, and yet the honourable Gentleman well knows that the late G—r did not eſteem the Projector himſelf of that Scheme, and one of his Partners diſqualify'd by it from ſitting in his Majeſty's Courts of Judicature after the paſſing of the Act of Parliament, one as a Judge of the Common Pleas for the County of Suffolk, and the other as a Judge of the Superiour Court of Judicature throughout the whole Province.—If two Country Gentlemen's having been once unwarily engaged in a bad Scheme of Paper Money, which perhaps they did not well underſtand, the Bills of which Creditors were at Liberty to take or refuſe in Payment as they thought proper (which was the Caſe of theſe two Gentlemen) is a Diſqualification for ſerving his Majeſty, what can the honourable Gentleman think of a late Governour of this Province, who paſs'd a Law, which but five Months before himſelf had declared to the Aſſembly would be neither for his Majeſty's Service nor the Intereſt of this Province, in order to force Creditors to take in Satisfaction of their Debts (Specialties excepted) any of the Bills of publick Credit, which ſhould be emitted by this Government for the ten next enſuing Years, and afterwards conſented from Year to Year to the emitting of ſuch Bills, as he well knew were at the Time of their reſpective Emiſſions of leſs real Value, ſome of them by 12 and others by 33 per Cent, than the Bills in which the then outſtanding Debts in the Province had been contracted, were of at the Time of contracting them; whereby the Merchants of Great Britain trading hi •• er ſuffered exceeding great Diſcount upon their Debts, and all other Creditors in Trade within the Province conſiderable Loſſes, a Spirit of Diſhoneſty was encouraged among Debtors, and more miſchievous Effects produced in the Country than ever had been within the ſame Compaſs of Time by the Paper Currency before? Who not only conſented to the Emiſſion of ſuch Bills, but permitted larger Quantities of them, which he had it in his Power to cauſe to be drawn in, to be outſtanding beyond their limited Periods contrary to the Direction of the Province Law, and the poſitive Commands of his Majeſty's Royal Inſtructions to him for that Purpoſe, than any Governour of the Province ever did before him, tho' not under any Inſtruction from his Majeſty in that Reſpect?—Theſe Emiſſions, it is true, were not made by an unlawful Combination of private Men, but had the Sanction of his Majeſty's Government here; but was not his Majeſty's Governour's giving the Sanction of the Government to thoſe Bills ſuch an Abuſe of the Royal Authority, as might make him as little excuſable as a Land Bank Director?—In ſhort, Sir, if having been unwarily engag'd in an unjuſtifiable Scheme of Paper Money is an inexpiable Crime in New-England; how many of the beſt Merchants, and Magiſtrates, and other Gentlemen in the Province muſt be excluded by the Silver Scheme from his Majeſty's Service; nay how few are there of thoſe who had the Honour to be of his Majeſty's Council in this Province during his late Ex—cy's Ad—n, that have not gone far towards diſqualifying themſelves by the Share, they have had in one or other of the Supply Acts, which received his late Ex—cy's Fiat, from ſerving his Majeſty there again?

As to the general Character of thoſe two Gentlemen; they were in all Reſpects, bating the ſingle Circumſtance of their having been Directors of the Land Bank Scheme, perfectly fair, and unblemiſh'd: they were both of 'em likewiſe Men of good Subſtance, and well affected to his Majeſty's Service, which they were capable of promoting by their Intereſt and Influence in the Houſe of Repreſentatives, of both which they had given his preſent Ex—cy undoubted Proofs in the laſt Aſſembly, and full Aſſurances of their future Uſefulneſs in the preſent Aſſembly:—With Reſpect even to their late Concernment in the Land Bank Scheme, neither of 'em tho' intitled to have taken out of the Bank l. 500 of it's Bills a-piece as their Share, ever took out one; and one of 'em not only declin'd at firſt being concern'd in it, but even voted againſt it in the Aſſembly ſo late as in June 1740, nor could be prevail'd with to be intereſted in it 'till it had received it's laſt Amendment, and he was credibly inform'd and perſwaded that his late Ex—cy had thereupon approv'd of it;—and if not only being very inſtrumental in bringing the Lank Bank Scheme to a Concluſion, and a Majority of the Partners of it to pay Obedience to the Act of Parliament, but alſo in the compaſſing of an Act of Aſſembly for reforming the Bills of this Government it ſelf, an Act which has made better Proviſion for curing the Miſchiefs of the Paper Currency within the Province, and doing Juſtice to Creditors, and reſtoring a Spirit of Honeſty and Induſtry among the Debtors, and is in every Reſpect calculated to be more beneficial to the Country in general, and to the Britiſh Merchants concern'd in the New-England Trade in particular, than any Act which was ever yet obtain'd from an Aſſembly in this Province ſince the Paper Currency firſt began to depreciate; I ſay, if having been very inſtrumental in effecting theſe good Purpoſes could in any Degree attone for the Share, they had in the Scheme, they have this Merit to plead in their Favour; and it is very certain that both his Majeſty's Service and the Intereſt of the Country at this Time required that the Gentlemen of Influence among the Land Bank Party, which was ſtill very numerous in the Aſſembly, ſhould be kept in as cloſe an Attachment to the Government as might be; and that nothing is more diſguſting, or has a ſtronger Tendency to break the Harmony of the ſeveral Branches of the Government, and clog its Operations at any Time, than negativing Councellors choſen out of the Houſe of Repreſentatives, and ſending them back into the Houſe to raiſe an Oppoſition and a general ill Spirit in it; and that the negativing of theſe Gentlemen at that particular Juncture would have very probably produced ſuch an Effect; ſo that beſides all the other Conſiderations, which I have mention'd, the Neceſſity of the Times made it a Point of Prudence in the G—r not to negative the Aſſembly's Choice in this Inſtance.

By September following the Quantity of outſtanding Land Bank Bills was reduced to about l.11,000, and upwards of ſix Hundred of the Partners had been brought to pay an Obedience to the Act of Parliament; and the Partners being now thus divided among themſelves, and the Delinquent ones, who were ſtill refractory and ſtood out in Contempt, grown a ſmall Party in compariſon of thoſe who had paid in their Quota's of Bills and reſpective Proportions of the Charges and Loſs ariſing upon the Scheme, and whoſe Intereſt it was now to unite againſt the Delinquents, ſo that no publick Diſturbance or Tumult was to be much apprehended from 'em; and the Force of the before mention'd Order of the General Court being near ſpent, his Ex—cy promoted at the Council Board an Order, which was there paſs'd upon the Petition of ſeveral of the Directors & Partners of the Land Bank Scheme, directing the Attorney General to proſecute all ſuch of the delinquent Partners in the ſaid Scheme, as ſhould incur the Pains and Penalties of a Premunire inflicted by the Act of Parliament; And afterwards cauſed Demands to be made on four of the moſt noted refractory Delinquents to exchange ſeveral Sums of the Land Bank Bills purſuant to the Act of Parliament, and upon their Refuſal or Neglect to do it within ten Days directed the Attorney General to ſettle Writs of Premunire grounded upon the Act againſt them, and to file them in Court, and thereupon Proceſs was iſſued out againſt ſuch Delinquents: This Proceeding bro't in three of 'em to pay in their Quota's of Bills and all Charges and Loſs upon the Scheme, (the fourth having abſconded ſo that the Writ could not be ſerved upon him) and had afterwards an Effect to reduce the outſtanding Bills to about l.8,000—But at length heavy Complaints were made of ſeveral Abuſes being committed under the Umbrage of the Act of Parliament, which not only vexed and oppreſſed the Parties, upon whom they were practiced, but had a Tendency to defeat one of the main Ends of the Act itſelf, which was to draw in the Bills; among which Abuſes theſe in particular were complained of viz. that Demands had been made upon ſeveral of the Partners of the Scheme, as well thoſe who had redeemed and paid in their Quota's of Bills, as thoſe who had not, to exchange Land Bank Bills for lawful Money with the Intereſt due upon them, purſuant to the Act of Parliament, with a View only of extorting Money out of them in order to get rid of Demands for Sums, which were perhaps either ſuch as they could not redeem without great Hurt to themſelves and their Families; or they had before redeem'd from other Poſſeſſors as their Quota of the Bills, and brought in to the late Directors to be conſum'd; and it was ſuggeſted that ſuch Demands had been made even by Perſons, who were not poſſeſſed of the Land Bank Bills which they demanded a Redemption of. Alſo that ſeveral Sums of Land Bank Bills had been bought up merely for the Sake of ruining particular Perſons out of private Revenge or Malice by obliging, them to redeem 'em; and that in particular a large Sum in thoſe Bills had been borrowed by two of the honourable Gentleman's Aſſociates upon their Bond, with no other View than to force two of the leading Members of the Houſe of Repreſentatives into Meaſures of Oppoſition to the Government, and that Attempts had been made with thoſe Bills for that Purpoſe, as it was underſtand by thoſe Members and others; and that in other Inſtances, where though the Act of Parliament was not proſtituted to ſuch baſe Purpoſes, yet it was evident that ſome of the worthier Perſons among the Directors or Partners, who had paid Obedience to the Act, would be ruined or greatly diſtreſſed by repeated Demands of heavy Sums upon them, through the Neglect or Obſtinacy of thoſe who ſtood out in Contempt of the Act and perhaps abſconded, without having the leaſt Remedy againſt their delinquent Partners, or any Relief but by privately ſelling (in order to ſave themſelves from Ruin) the Bills, they were thus forced to redeem; whereby ſome of the Bills were likely to be kept in an endleſs Circulation, & a perpetual circuity of Demands to be kept up, and the Act of Parliament to be perverted in ſome Reſpects and defeated in others, and much Confuſion and Miſchief produced:—For remedying which, and preventing as much as might be any further Abuſe of the Act of Parliament and for the more ſpeedy drawing in of all the outſtanding Land Bank Bills, and finiſhing the Scheme in the moſt equitable Manner, and according to the true Intent of the Act, the Aſſembly paſs'd a Bill to veſt Commiſſioners with certain Powers and Authorities for thoſe Purpoſes; and the ſame was laid before the G—r for his Conſent to the enacting of it: But as the Powers propoſed by the Bill to be lodged in the Commiſſioners ſeemed to his Ex—cy of a very extraordinary Nature, and to have ſome Tendency to abridge the Demands of the Poſſeſſors of the Notes given them by the Act of Parliament, and to prejudice the Demands of other honeſt Creditors againſt them; and to lay the Directors and Partners themſelves under unneceſſary Hardſhips whilſt the propos'd Act of Aſſembly was carrying into Execution, he refuſed giving his Conſent to it.—But in November following another Bill was paſs'd by both Houſes for the before mention'd Purpoſes, to which the G—r gave his Conſent; the Purport whereof was To veſt the Commiſſioners named in the Act (who were firſt to take an Oath for the faithful Execution of their Truſt) with the following Powers, viz. To call before them and examine upon Oath any Perſons whatſoever touching the Affairs and Trade of the late Company, and to order all the Effects, Books, Papers, and Writings relating to their Scheme & Trade to be delivered up to them, that they might diſcover all the Debts and Credits of the Company, and the Quantity of the Bills emitted, how many of 'em were redeemed and conſumed, or lying ready to be conſumed, and by whom they were redeem'd; how many of 'em were then outſtanding; what Loſs and Charge had then incurr'd upon 'em; and what was the Proportion of every Director and Partner of the Company for the Redemption of the outſtanding Bills—To aſſeſs with the Approbation and Allowance of the General Court upon every Director and Partner ſuch Sums, as ſhould appear to them juſt for the Redemption of their reſpective Proportions of the Bills of the late Company, and their equitable Part and Share of all Loſs and Charge ariſing by the Scheme, and to demand and receive the ſame; alſo to raiſe the ſaid Sums (if Need ſhould be) by Mortgaging in their own Names that Part of any delinquent Director's or Partner's Eſtate, which he had mortgaged to the late Company for the Performance of his Agreements and Covenants with them; or in their own Names to ſue for and recover ſuch Sums in any of his Majeſty's Courts of Juſtice within the County of Suffolk;—alſo to demand and receive of and from any Perſons all Monies, Goods, and Effects due from them to the late Company; and (if Need ſhould be) in their own Names to ſue for and recover the ſame in any of the aforeſaid Courts; and to apply all ſuch Sums of Money, Goods and Effects, as they ſhould receive and recover from the delinquent Directors and Partners and their Debtors, together with ſuch Sums of Money as they ſhould raiſe by mortgaging the Eſtates of the delinquent Directors and Partners, towards the Redemption of the Company's outſtanding Bills; for which Purpoſe they were from Time to Time to give publick Notice in the Boſton Gazette of what Sums of Money they ſhould receive, that the Poſſeſſors of the Bills might bring 'em in to be redeemed—alſo equitably to apportion whatſoever Loſs ſhould finally appear to ariſe by the ſaid Scheme or Trade to the ſaid late Company in general, or to any of the Directors or Partners in particular; whether thro' the Inſolvency of any of the late Directors and Partners, or by Means of the Charge attending the late Scheme, or otherwiſe howſoever, among the late Directors and Partners of the Company in general, as the Juſtice of the Caſe ſhould require, ſo as that each of them might bear, as near as might be, his equitable Proportion of the Loſs & Burthen ariſing by their late Scheme or Trade; and in their own Names to demand, ſue for, and recover in any of the aforeſaid Courts of Judicature all ſuch Sums of Money, as they ſhould aſſeſs with the Approbation or Allowance of the General Court upon any of the Directors & Partners for their proportionable Shares of ſuch Burthen and Loſs from Time to Time till the Scheme ſhould be finiſh'd; and thereupon all the Company's Bills, which ſhould be receiv'd by the Commiſſioners, were to be burn'd, and the Plates from whence they were ſtruck to be defac'd and broken; and the Securities given by any of the Directors or Partners of the late Scheme were to be cancelled by the Commiſſioners or any two of them in their own Names.—And for preventing any fraudulent Alienations or Conveyances of the Eſtates of ſuch of the late Directors and Partners, who had not redeemed their juſt Proportion of the Land Bank Bills, in order to defraud the late Company's Creditors, and avoid the Effect of the Act, it was thereby enacted that from and after the Publication of the Act the Eſtate of every and each ſuch Director and Partner ſhould be thereby bound and ſubjected to the Payment of the before-mention'd Sums of Money in ſuch Manner, as the ſame or any Part of it would be bound and ſubjected by the actual Service of Proceſs of Attachment upon it at the Suit of any Creditor according to the ordinary Courſe of the Law and the Uſage within this Province.

And by a ſpecial Proviſion in the Act it was declared that the Act ſhould not be adjudged or conſtrued to be intended to hinder the Poſſeſſors of the Bills from making the ſame Demands upon the late Directors or Partners of the Scheme for the Redemption of them, as they might have made upon them before the Publication of the Act, and that their Eſtates ſhould be as liable to be attached at the Suit of the Poſſeſſors of the Bills, or any other juſt Creditor, as they were before the making of the Act.

And it is alſo provided by the Act that the Commiſſioners ſhall make a Report of their Proceedings to the General Court at their next May Seſſion for their Approbation and Allowance, or Diſallowance thereof either in Whole or in Part; and that any of the late Directors & Partners, who ſhould think himſelf aggrieved by ſuch Proceedings, might file his Appeal in the Secretary's Office to the General Court at their aforeſaid Seſſion; and in Caſe the Appellant ſhould deſire an Iſſue at Law to be directed to be tried for the Determination of any of the Matters of Fact mention'd in the ſaid Act, that then the General Court ſhould upon the Appellant's depoſiting ten Pounds lawful Money in the Secretary's Office, as Caution Money for the Payment of Coſts, if the Verdict upon the Trial of ſuch Iſſue at Law ſhould be found againſt him, direct ſuch Iſſue to be tried at the next Superiour Court of Judicature for the County of Suffolk, after the making of ſuch Order; which Trial is to be a final Determination of ſuch Matter &c.

This Act of the General Court, Sir, appears plainly to have been intended to obtain the principal Ends & Purpoſes of the Act of Parliament without interfering with it in the leaſt Point; to prevent the Miſchiefs which begun to flow from the Abuſe of it; to aſſiſt in carrying it fully into Execution in the moſt ſpeedy Method; and effectually to finiſh the Land Bank Scheme in a Manner the moſt beneficial for the honeſt Poſſeſſors of the Bills, the moſt equitable for the Directors and Partners of the Scheme, and the moſt ſalutary for the Community; And it is manifeſt that the Execution of it muſt inevitably draw in all the outſtanding Land Bank Bills in a ſhort Time, many of which it is evident muſt keep on circulating in a very miſchievous Manner without it; muſt ſpeedily furniſh the Commiſſioners with Province Bills for redeeming the outſtanding Land Bank Bills from the Poſſeſſors, which will much facilitate the Redemption of 'em, leaving at the ſame Time to the Poſſeſſors the ſame Remedy, which they had againſt the Directors and Partners before the ma ••• g of the Act; and muſt compel every Director and Partner of the Scheme to bear his equal Part of the Loſs and Burthen of it; whereas without this Act, it is impoſſible but that many of the moſt diſhoneſt Partners muſt eſcape among ſo large a Number, without the Payment of a Shilling, and ſome of the leaſt Guilty of them, who had in all Points conformed to the Act of Parliament, muſt be either ruined or greatly diſtreſs'd, either of which Events are equally contrary to Juſtice and the Intent of the Act of Parliament, which was evidently deſigned to puniſh the Refractory, and ſave the obedient Partners by expreſly exempting the laſt from the Penalties of the Act:—This indeed will ſoon put an End to the infamous Practice of the Huckſters of the Bills for levying Contributions upon the late Directors & Partners, and diſappoint the vile Schemes of one or two Perſons; ſo that their Ends in endeavouring to defeat this Act of the General Court are obvious: But what honeſt Purpoſe can any private Man have for doing it, and with what Pretence or Propriety can the honourable Gentleman in particular engage in it? Does he take this upon himſelf as an Amicus Patriae, out of his great Affection for his Country? I can aſſure him every Gentleman in both Houſes of the Aſſembly diſapproves of the Part he acts, & thinks it a miſchievous Attempt: Does he act upon this Occaſion only as Agent to the Perſon, who has honour'd him with the Carriage of his Papers and the ſolliciting of his Caſe for him? That ſeems too low a Condeſcention; it is being a mere ſervus ſervorum indeed: It would be judging uncandidly to imagine that he is diſpleas'd to ſee the Land Bank Scheme inſtead of ſhedding a baleful Influence over the Country, which it promiſed to do in his Time, now approaching under his Suc—r's Ad—n to its final End without having effected the Miſchief, which was fear'd from it; that the Clouds, which roſe from it's noxious Vapours and gathered over the Country with a very threatning Aſpect, are now likely to be blown over, and diſpell'd without producing one Thunder-Storm in the Province, or doing much Damage to private Families in it; Or that the Land Bank Members of the Legiſlature, from whom nothing was expected in his own Ad—n, but an Oppoſition to his Majeſty's Service and the general Intereſt of the Province, and a Diſturbance of the publick Peace of the Country have been reclaim'd by his Suc—r to the Service of the Crown and the true Intereſt of the Country, made ſubſervient to every good Purpoſe in Government, and Promoters of a more general Tranquility & Satisfaction, which now reigns in the Province, than has been known for theſe many Years: I can't perſwade my ſelf that ſuch Motives ſtimulate the honourable Gentleman to oppoſe this Act and the Deſtruction of the Scheme; and muſt leave it to others to find out the real Motives of this Proceedings.

It would be giving you, Sir, a needleſs and unreaſonable Trouble, to tire you with a Liſt of all the trifling Exceptions taken by the Combination to this Act of the General Court; But as a Specimen of the whole, be pleas'd to take the following Exception: The Act in it's Preamble ſets forth that the Directors & Partners of the Land Bank Scheme had in general publickly renounced it; as to which Fact thoſe of the honourable Gentleman's Combination have tho't fit to give the Government the Lie; and Mr. M—n in particular has aſſerted that he can ſhew numerous Inſtances of the Directors having carried the Scheme on to the very Time of the making of this Act; and in his Papers which he ſent by the honourable Gentleman to England, he has endeavour'd to furniſh him with Proofs of it.—The Fact is this; On the 23d of September 1741, the Directors and Partners at a general Meeting of the whole Company at Milton by a publick Vote regularly enter'd among their Proceedings by their Clerk diſſolved their Company, and put an End to the Scheme in as ſtrong Terms as was poſſible, and on the 28th Day of the ſame Month the Directors at another Meeting by a publick Writing under their Hands regularly enter'd in the Company's Books, and reciting the aforeſaid Vote of the Company for diſſolving the Scheme declared that from that Time forward they did deſiſt from, give up, relinquiſh and wholly forbear to act farther therein directly or indirectly to carry on the ſame: and accordingly the Directors and ſome of the Partners forthwith brought in their Bills to be conſumed; and from the Time of that Declaration the Directors conſtantly attended at their Office to receive the Bills, and do what was neceſſary for finiſhing the Scheme, and, among other Things, to diſcharge and cancel the Mortgages and other Securities, which the Partners had given them as Directors, and diſcharged the ſame, as ſuch, ſubſcribing their Names to thoſe Diſcharges with the Addition of Directors.

This Proceeding, Sir, you are ſenſible (tho' by the Mortgages and other Securities having been in Effect declared by the Act of Parliament to be void ab initio, as the Company it ſelf was declared and deemed by it to be an unlawful Combination, it was (if ſtrictly conſider'd) ſuperfluous and done ex abundante) was quite neceſſary to bring the Partners to pay their reſpective Quota's of the Bills and Charges upon the Scheme, who never would have done it, unleſs the late Directors had vacated and diſcharged their Mortgages and other Securities in the uſual Form: and it muſt be apparent to every Perſon of common Senſe that the Directors did this for the Deſtruction of the Scheme, and not for the Support of it: and that ſuch a ſuperfluous Act, which was done from a Motive of Obedience to the Act of Parliament, could not poſſibly be any Offence againſt it: yet Sir, this acting in Deſtruction of the Scheme, which was a renouncing of it in Fact in the moſt publick Manner, is inſiſted upon to be an Inſtance of their carrying on the Scheme, and upon theſe Grounds the Combination have charged the General Court with publiſhing a Falſhood in the Act, and this I ſuppoſe is one of the Matters which the honourable Gentleman's Friend ſays he is perſonally to repreſent to the Government at Home:—From this Animadverſion of the Combination upon the Act of the General Court, I do aſſure you, Sir, you may judge ſafely of the Shrewdneſs and Modeſty of the reſt of their Exceptions to it.

Before I conclude, Sir, it will be neceſſary for me to give you ſome Account of Mr. M—n's Papers which he has ſent by the honourable Gentleman, and contain one eſſential Part of his Commiſſion.—Theſe are various and conſiſt of Copies of Proceedings duly authenticated under the Seal of the Province; out of which Articles of Complaint are to be form'd ſome againſt the whole General Court, others againſt the Council and Houſe of Repreſentatives jointly, and others againſt each of the two Houſes ſingly; the Subſtance of the Principal of them is briefly as follows:—M—n had recovered Judgment in the Superior Court of Judicature held for the County of Suffolk in February Term 1742, for l. 344 7ſ. lawful Money and Coſts againſt one Stevens, a Partner of the late Land Bank Scheme, in an Action grounded upon the before-mentioned Act of Parliament and brought againſt him for his refuſing to Exchange a Quantity of Land Bank Bills, purſuant to the Act; and Execution was awarded thereupon: In June following Stevens brought his Petition to the General Court, the Subſtance of which, and of the Depoſitions of his Witneſſes for ſupporting his Petition was to the following Effect, viz. That M—n had ſued him at the Inferior Court of Common Pleas for the County of Suffolk in January Term preceeding for refuſing to redeem of him l. 300 Land Bank Bills, and obtained Judgment againſt him, he not having at that Court made his full Defence againſt the Demand, (which is known to be moſt commonly, or at leaſt very frequently the Caſe with one or both Parties in the Inferior Courts, where the Judgments are not final, as they often chooſe to reſerve their Strength 'till the Trial in the Superior Court) that Stevens appealed from that Judgment to the Superior Court of Judicature in February following; that ſoon after M—n made a verbal Agreement with him, that if he would pay him the Coſts of the Inferior Court, and of three former Suits on the ſame Demand, in all which M—n had failed for want of ſufficient Proof of his Demand, he would let his Action [meaning the Judgment and Execution obtain'd in the Inferior Court] drop; that Stevens conſented to the Payment of thoſe Coſts, (notwithſtanding he conceived it to be unreaſonable) and offered to pay 'em to him by his Attorney from Time to Time; but that M—n had put off the receiving of them 'till the Time was elapſed for Stevens's entring his Appeal at the Superiour Court, by Means whereof he was diſabled from proſecuting it according to the Directions of the Province Law; that M—n taking Advantage of this refus'd to ſtand to his Agreement, filed his Complaint againſt Stevens in the Superior Court for his Failure to enter his Appeal, and thereupon obtained a final Judgment againſt him there for the above-mention'd Sum and Coſts, whereby Stevens loſt the Benefit of a Trial at the Superiour Court; and thereupon he prayed that he might be enabled by the Order of the General Court to try the Merits of his Caſe at the next Superiour Court, and that the Execution obtain'd againſt him might be ſtayed in the mean Time; and he endeavoured to enforce his Petition by ſetting forth that he had payed in his Quota of the Land Bank Bills and of the Charges upon the Scheme to the Directors, and ſeveral Compaſſionate Circumſtances of his Sufferings by the Scheme.—To this Petition M—n put in his Anſwer; and upon Conſideration had of both of them, with the Depoſitions in the Caſe ſupporting the Allegations in the Petition an Order was paſſed by the two Houſes, That the Judges of the Superiour Court of Judicature next to be holden at Boſton, which was to be in Auguſt then next enſuing, ſhould be empowered and directed to hear and try the Merits of the Cauſe mentioned in the Petition, and to make up Judgment and award Execution thereupon, Judgment therein mentioned notwithſtanding, and that the former Execution ſhould be ſet aſide; provided M—n was notified and ſerved with a Copy of the Order fourteen Days at leaſt before the Sitting of the ſaid Superiour Court; Which Order was laid before the G—r for his Conſent, who accordingly conſented to it.—By Virtue of this Order Stevens enter'd his Caſe for Trial at the next Superiour Court in Auguſt, but fail'd, when the Action was call'd on for Trial, of appearing properly by Means of ſome Defect in his Attorney's Power; and thereupon Judgment was obtain'd againſt him by Default and enter'd up accordingly; Afterwards on the 8th of September following Stevens again petition'd the General Court praying for Relief in the Caſe, and a ſecond Order for the Trial of his Appeal; & the two Houſes thereupon paſs'd an Order which the G—r conſented to, that M—n ſhould be ſerved with a Copy of the Petition, that he might ſhew Cauſe why the Prayer of it ſhould not be granted on the 16th Inſtant, and Execution was thereby ſtayed in the mean Time; and M—n's Anſwer was accordingly put in, and upon reading of that and the Petition an Order was paſſed on the 16th of the ſame September by the Council, and concurred on the ſame Day by the Houſe of Repreſentatives for referring the Conſideration of the Petition to the firſt Thurſday of the next Sitting of the General Court, and ſtaying Execution in the mean Time, which being laid before the G—r for his Conſent, his Ex—cy eſteeming it unreaſonable to give the original Plaintiff further Delay in his Execution for a Cauſe, which now aroſe merely from the Laches of the Petitioner, refuſed his Conſent to that Order; whereby M—n was at Liberty to proceed in his Execution for his Debt and Coſts, and accordingly proceeded in it.

That you may the better apprehend, Sir, the Reaſon of the Proceedings of the General Court upon Stevens's firſt Petition, it is neceſſary that you ſhould be appriz'd that an Appeal is given by the Province Law from the Judgment of the Inferiour Courts of Common Pleas eſtabliſh'd in each County to the next Superiour Court of Judicature to be holden for the County, where ſuch Judgment is given; which Appeal the Law requires to be enter'd with the Clerk of the Superiour Court on the firſt Day of the Sitting of ſuch Court; and upon the Appellant's Failure to proſecute his Appeal, then the Appellee may file his Complaint at the Superiour Court, and thereupon the Judgment of the Inferiour Court is to be affirmed by the Superiour Court, and thereby becomes final; and if the Appellant happens to fail in the Circumſtance of entring his Appeal on the firſt Day of the Court, which frequently happens through ſome Slip or other of the Appellant or his Attorney; in every ſuch Caſe it has been conſtantly held by the Judges that the Appellant is without Remedy in the ordinary Courſe of the Law, and that they have not Power to admit the Appellant to enter his Appeal after the firſt Day of the Sitting of the Court, or to refuſe entring up Judgment upon the Appellee's filing his Complaint, and awarding Execution thereon; but that the Appellant in all ſuch Caſes muſt apply to the General Court for Relief, and to enable the Judges of the Superiour Court of Judicature by a ſpecial Order for that Purpoſe to try the Merits of the Caſe at their next Court for the County, where the Judgment was given, and to enter up Judgment and iſſue Execution thereon, and in the mean Time to ſtay Execution upon the former Judgment.—And upon ſuch Petitions, which are frequently preſented to the General Court, it has been the conſtant Practice and Uſage of that Court ever ſince the granting of the Royal Charter to relieve the Petitioner by paſſing an Order to enable and direct the Judges of the Superiour Court of Judicature to try the Merits of the Cauſe at their next Term or Sitting in the County, where the Judgment of the Inferiour Court was given, and to enter up Judgment thereupon, and award Execution accordingly, the former Judgment of the Superiour Court notwithſtanding, and in the mean Time to ſtay Execution upon ſuch Judgment; and the Judges have ever proceeded in ſuch Caſes purſuant to the Orders of the General Court, without any one Inſtance to the contrary, and ſometimes tell the Parties they muſt reſort to the General Court for Relief, in ſuch Caſes; and the granting of it has for many Years been looked upon to be almoſt as much a Matter of Courſe in the General Court, as the granting of a Matter of common Right is in the provincial Courts of Judicature; and that too in Caſes, which have happen'd thro' the mere Laches of the Petitioner either by Means of ſome accidental Slip in himſelf, or his Attorney in failing to enter the Appeal in Time, and where the original Plaintiff in the Action has had a Demand for his Debt or Damages againſt no other Perſon than the Petitioner;—Whereas in this Caſe there was a probable Appearance at leaſt of Deceit in the Appellee M—n, which had occaſion'd the Petitioner to fail of entering his Appeal: and M—n had 800 other Perſons on any one or more of whom he might make the ſame Demand, and had thereby indiſputable Security in Caſe Stevens ſhould prove in the leaſt Inſolvent; ſo that Stevens's Caſe, in which the General Court granted him Relief, was much ſtronger than Caſes of the like Nature generally are, upon which it has been their conſtant Practice and Uſage from the earlieſt Times of the preſent Royal Charter to grant the like Relief: And even in this Caſe the preſent G—r, refuſed to go the ſame Length towards relieving Stevens, which the two Houſes conceived it equitable and right to go.

And to ſhew you now, Sir, what Length the honourable Gentleman himſelf, who is it ſeems to repreſent this Matter perſonally againſt his preſent Ex—cy, went in ſetting aſide Judgments of the Superiour Court of Judicature during his own Ad—n, I ſhall mention to you only one Inſtance by way of Specimen, which is an Order that was paſs'd by him in September 1730, whereby a Judgment of the Superiour Court of Judicature founded upon a Report made by Referees, in purſuance of a Rule of Court enter'd into by the mutual Conſent of the Parties for the final Determination of that particular Caſe, and all other Matters in Difference between them, was declared null and void; and the Judges were directed to enter up another Judgment, which was particularly ſet forth in the Order, in Lieu of it: an Order, which if the Judges had ſubmitted to it, would have gone further towards deſtroying the Law it ſelf in this Province, than was ever done before by any of his late Ex—cy's Pred—rs; but the Judges refuſed to pay any Regard to it.

Mr. M—n had been, ſome little Time before putting in his laſt Anſwer to Stevens's Petition to the General Court, diſtinguiſh'd as a Perſon very proper to be taken into the honourable Gentleman's Service; and he ſeems about this Time by his repeated Memorials and Petitions, ſome addreſs'd to the whole General Court, and others to the G—r and Council, which were moſt of them ſtuffed with libellous Reflections on the Aſſembly and Government, to have been advanced from his Trade of huckſtering Land Bank Bills for the Sake only of private Lucre mixt with ſome Quarrels againſt particular Partners or Directors to the Employment of affronting and inſulting the Government.

It would be tireſome to trouble you with the Particulars of his Memorials and Petitions here; you have herewith the Copies of them, which are ſuſpected to be the Productions of the whole Junto;—The Pretences for exhibiting theſe Memorials & Petitions were that he might have an Allowance made him by the General Court for the Charges, he had been put to by his Anſwers to Stevens's Petitions, Copies of Papers, and Fees upon thoſe Occaſions, and his Loſs of Time in Attendance; and alſo for his Services done the Publick by ſuing of Land Bankers for the Redemption of their Bills &c, and that the General Court would order the Sheriffs to break through the Privilege and Protection given to their Members by a ſtanding Law of the Province to favour his Suits againſt them: Which laſt Matter, when he had failed in his Petition for it to the whole Court, by having the Petition diſmiſs'd in the Houſe of Repreſentatives, he repeated in another Petition addreſs'd only to the G—r and Council, praying them in Effect to ſuſpend the Law of the Province touching the Privilege of the Members of the Houſe, which the Houſe had but a little before deny'd to join in; and which ſecond Petition was diſmiſs'd by the Council Nemine Contradicente, and never reached the Chair.—After three of theſe Petitions and Memorials, which appear to have been preſented with no other View than of being deny'd, and for the Sake of taking Opportunities of affronting the whole General Court under the Pretence of ſeeking Redreſs, he preſented his fourth Memorial to the G—r and Council, which drew the Reſentment of the Government upon him expreſs'd in the following Vote of Council— Viz.

The above mention'd Order was ſign'd by the G—r; and M—n was thereupon taken into Cuſtody by the Sheriff on the 7th of November, and was afterwards examined by a Committee of both Houſes touching his Offence, and fully heard in his own Vindication; and that Committee was alſo ſpecially impower'd and directed to inquire into his Abettors and Encouragers.—As to this laſt Particular, Sir, I have been credibly inform'd that the Committee brought him almoſt to a Confeſſion, but after a momentary Deliberation with himſelf upon that Matter he ſmother'd it; but did it in ſuch a Manner as that the Gentlemen of the Committee were fully of Opinion that he had Abettors and Encouragers of his Memorial: It is certain that he was ſeen but a very ſhort Time before he deliver'd his Memorial to the Council going to the honourable Gentleman's Houſe at M—n in Company with one of his Agents here; and while he was under Confinement that the honourable Gentleman's two chief Aſſociates and Agents in the Combination openly attended him, and were the only Perſons, who appear'd to countenance and adviſe him.

Upon the • 1th of November the Committee made their Report that they had fully heard and conſider'd what M—n had to offer in Juſtification or Extenuation of his Memorial &c. and were thereupon unanimouſly of Opinion, that in order to ſupport the Honour of the Government, and to expreſs a due Reſentment of his Inſolence and Contempt of the Authority thereof, he ſhould be forthwith committed to the common Goal in the County of Suffolk, there to remain during the preſent Sitting of the General Court, and until he ſhould recognize before one of his Majeſty's Juſtices of the Peace for the ſaid County in the Sum of two Hundred Pounds, with two Sureties in the Sum of one Hundred Pounds each, to be of good Behaviour for the Space of ſix Months from that Time.—Which Report was read and unanimouſly accepted, and an Order was paſs'd by both Houſes accordingly and was conſented to by the G—r.—But on the ſame Morning M—n having ſent a Petition to the General Court acknowledging his Fault in exceeding ſubmiſſive Terms, promiſing to behave himſelf dutifully for the future, and praying that the Court would diſcharge him from his Confinement, and that he might be freed from further Cenſure, it was propoſed in Council that M—n ſhould be order'd to attend the whole Court in the Council Chamber, and that his Petition ſhould be publickly read to him and he be admoniſh'd for his Fault, and thereupon diſcharged; which was agreed to by the Houſe of Repreſentatives; and he accordingly appeared and was admoniſh'd by the Secretary (who was one of his Majeſty's Council) and order'd to withdraw; After which an Order was paſſed by both Houſes and conſented to by the G—r remitting the former Sentence of the Court for his Impriſonment, and finding Sureties for his good Behaviour, and diſcharging him from his Confinement upon his Payment of Fees and Coſts; which was done accordingly.

I ſhall trouble you Sir, with one Circumſtance more relating to this Affair, as it may ſerve to diſcover to you the Temper and Spirit of the honourable Gentleman's Aſſociates and Agents.—M—n in his Application to the Secretary's Office for Copies of the Papers, with which he was to furniſh the honourable Gentleman, deſired among other Things that he might have a Liſt of the particular Members of Council preſent at the Board, when his Petition to the Governour and Council for an Order to the Sheriff of Suffolk, directing him to break in upon the Protection and Privilege given to the Members of the General Aſſembly by a Law of the Province was conſider'd and diſmiſs'd; this was requeſted by him that it might appear that Mr. Watts and Col. Leonard the two Members of Council, who were late Directors of the Land Bank Scheme, were preſent at the Diſmiſſion of the Petition, and be ſuppoſed of Courſe to have voted upon it: But when the Secretary return'd for Anſwer, that tho' what he aſked was out of Courſe and unprecedented, yet he ſhould have a Liſt of the Members preſent (if he deſir'd it) with a ſpecial Note to this Effect, viz. That the Petition was diſmiſs'd nemine Contradicente, and that neither of the two Land Bank Gentlemen voted in the Affair; alſo that an Order had been made by the Board that they ſhould not vote, debate, or ſpeak in any Matter which ſhould come before the Board concerning the Land Bank Scheme, except in anſwering Queſtions which they might be aſk'd for the Board's Information, and that ſuch Order had been duly obſerv'd by them ever ſince their Sitting there, M—n thereupon ſaid, That would not ſerve the Turn, or to that Purpoſe, and refuſed taking a Liſt with ſuch a Note of the Proceedings at the Board; but deſir'd he might have a Copy of the Vote of Council in the uſual Form; in which Caſe the honourable Gentleman may be at Liberty to ſuggeſt that two Land Bank Members were preſent at the Vote of Council, and be ſilent as to the other Circumſtances of that Proceeding.—This may ſerve you for a Specimen of their Candour and Honeſty in their Repreſentations.

I can aſſure you, Sir, that the Combination have great Dependance upon the honourable Gentleman's Repreſentation of the Matters contained in M—n's Papers, and there upon declare that they doubt not but that he will be able to prevent the Act of this Government for finiſhing the Land Bank Scheme from receiving his Majeſty's Royal Approbation; and that he will ſoon find a Way to ſhew his Majeſty the Difference between his own and his Suc—r's Proceedings with Reſpect to the Perſons lately concerned in that Scheme; and herein I doubt not but that they ſpeak their own Sentiments, and thoſe of the honourable Gentleman, who could have no other Deſign or View in taking the Charge of M—n's Papers, and taking out authenticated Copies of his own and his Suc—r's Proceedings, not only in the Caſe of the Land Bank Company but other Parts of their reſpective Ad—ns, than to ſhow (as his Aſſociates call it) the Difference between them.

The honourable Gentleman and the Combination (as I am informed) alſo build great Hopes upon the Succeſs of his former memorable Agency from this Province in 1728-9, a ſhort Account of the Particulars of which, as you may be deſirous to know them, I ſhall here give you.—The honourable Gentleman was not remarkable for any great Share of Influence and Intereſt among his Countrymen 'till he diſtinguiſh'd himſelf by ſo virulent an Oppoſition to the late Mr. B—tt's Ad—n of his Majeſty's G—t in this Pro •••• , particularly with Reſpect to his Royal Inſtruction for procuring the Salary to be ſettled, that he negativ'd him from being a Member of his Majeſty's Council: This firſt procured him that Degree of Popularity and Intereſt, which induced the Houſe of Repreſentatives to appoint him in 1728, one of their Agents to repreſent to his Majeſty ſeveral Matters of Complaint againſt the then G—r, and particularly to obtain from his Majeſty the recalling of his Inſtruction concerning the fixing of the Salary.

The honourable Gentleman went accordingly Agent in the Province's Service with this Commiſſion; and in the Account of his Proceedings in the Execution of it, which he from Time to Time gave to his Principals in joint Letters from himſelf and Mr. Wilks the Aſſembly's other Agent, he expreſſes himſelf thus concerning the Point of fixing the Salary, viz. in a Letter dated the 25th of April 1729, he ſays, If we muſt be compell'd to a fixed Salary, doubtleſs it muſt be better that it be done by the ſupreme Legiſlature than to do it our ſelves: If our Liberties muſt be loſt, much better they ſhould be taken away, than we be in any Manner acceſſary to our own Ruin: And in another Letter to the Speaker of the Houſe of Repreſentatives, dated October 8th 1729, ſpeaking of fixing the Salary he ſays, it is againſt the Light of Reaſon and Conſcience; and in another of the 24th of the ſame Month Mr. Wilks and he write thus to the Aſſembly concerning the ſame Matter, We ſhall therefore be careful and vigilant to make the beſt Defence and do all in our Power to prevent ſo great an Evil's coming on the Province.

In a little Time after, the News of G—r B—tt's Death arriv'd in London, upon which as the honourable Gentleman whoſe Oppoſition to his Majeſty's Royal Inſtruction had procur'd him the Agency from the Province, ſo the Credit which he gained by Means of that Agency with the late Lord T—d then one of his Majeſty's prin—l S—ies of State, as being a Perſon of great Intereſt and Influence among his Country-Men, and thereby qualified for his Majeſty's Service among them, and to bring them to pay a due Obedience in particular to his Royal Inſtruction for fixing the Salary, procur'd him the Honour of being appointed to ſucceed Mr. B—tt in this G—t, which he readily deſerting the Truſt repos'd in him by his Country, accepted with a ſtronger Inſtruction from his Majeſty to himſelf for procuring the Salary to be fixed, than that which the late G—r B—tt had.—You may perhaps, Sir, have a Curioſity to know with what Addreſs the honourable Gentleman upon his Arrival in his G—t executed his Majeſty's Commands with Regard to the before-mention'd Royal Inſtruction, and in what Terms his then Ex—cy preſſed upon his Country-Men the doing of a Thing, which but a few Months before the late Agent had repreſented to them as the Deſtruction of their Liberties—A very great Evil to the Province,—To be a Matter againſt the Light of their Reaſon and Conſcience;—and the Ruin of the Country: Why, Sir, In his firſt Speech to the Council and Aſſembly after mentioning his Majeſty's Inſtruction to him for obtaining the Settlement of the Salary, and telling them that while he reſided at the Court of Great-Britain he hoped they were ſenſible he did every Thing in his Power conſiſtent with Reaſon and Juſtice for preſerving and lengthning out the Peace and Welfare of the Province; and that pleaſing was the Sight whilſt he beheld and ſaid, Ye are my Brethren: Ye are my Bones and my Fleſh, and that he had no Intereſt ſeperate from their true and real Intereſt; and after having obſerved his Majeſty's Kindneſs and Goodneſs to them in placing one at the Head of his G—t here, in whom they themſelves had placed the Truſt and Confidence of their Affairs, He proceeds thus, viz.

The Fame of Cato's Wiſdom reflected Honour on old Rome, whilſt he made ſo brave a Stand for the Liberties of his Country, but when Caeſar had ſhut him up in his little Utica and offer'd him Terms of Honour, his murdering himſelf rather than ſubmiting to a Power, he could no longer rationally reſiſt, has left a laſting Brand of Infamy on the Memory of that great Patriot.—And tells them in the next Words that he mention'd this as ſome Illuſtration of the Diſpute lately ſubſiſting between his Majeſty and the People of this Province, meaning the Diſpute concerning the fixing the Salary.

But, Sir, notwithſtanding the perſwaſive Argument contained in this Paragraph of his Ex—cy's Speech to induce his Countrymen to ſettle the Salary on himſelf, by extolling their Wiſdom for refuſing to ſettle it upon G—r B—t, and the fine Illuſtration contained in it of the People's Part in the late Diſpute between his Majeſty and them, and the brave Stand for the Liberties of the Country made by their Agent during his Reſidence at the Court of Great Britain on the one Hand, and of his Majeſty's Part in the Diſpute by his Inſtruction to his Governor on the other, the Aſſembly continu'd as averſe to a Compliance with the Royal Inſtruction, as they were in the Time of G—r B—tt; and his late Ex—cy's Intereſt and Influence among his Countrymen fell ſo far ſhort of effecting the Settlement of a Salary of l. 1000 Sterling per Annum upon his Majeſty's Governour for the Time being; that tho' upon his Acceſſion to the G—t he found the Salary raiſed by G—r B—tt in his Ad—n from a much lower Sum to the Value of l. 1000 Sterling, yet he could not prevail with his Countrymen to continue that Allowance to himſelf, but left it little better than l. 650 Sterling, when he quitted the C—r to his Suc—r; ſo that his Succeſs in his Majeſty's Service was much the ſame with that which he had in the Province's: In the Service of the Province he went Agent with a Commiſſion to obtain from his Majeſty the recalling of his Inſtruction to his G—r for the Settlement of the Salary, and return'd to the Province with a ſtronger Inſtruction for enforcing the Settlement of it than that was, which he went to get recall'd: In his Majeſty's Service he came over G—r, and brought with him an Inſtruction for fixing the Salary, but inſtead of getting it fixed, the Value of it was diminiſh'd during his Ad—n about l. 350 Sterling below what his Pred—r had prevail'd on the Aſſembly to raiſe it up to, and his Suc—r afterwards(purſuant to his Majeſty's expreſs Inſtruction to him for that Purpoſe) prevailed upon them to raiſe it up to again, notwithſtanding his utmoſt Efforts to prevent it, and his Diſputes from Time to Time with the People concerning it: And as the Event of his Conduct in other Parts of his Majeſty's Service was generally the ſame, ſo the like Contraſt between his and his Suc—r's Ad—n will be found, Sir, upon reviewing ſome of the principal Proceedings in both Ad—ns, to run thro' the whole of them; Inſtances of which, ſince it is undoubtedly one Part of the honourable Gentleman's Buſineſs in going to London, to make his own Compariſon there between his and his Suc—r's G—t, I ſhall take the Liberty of troubling you with, that if you ſhould find him unjuſt to his Suc—r in his Compariſon on your Side of the Water, you may be able to ſet him right by the following one in the Inſtances herein after mention'd.

The Regulation of the Paper Currency within the Province was not only Part of the late G—r's general Duty, but was alſo expreſly enjoined him by particular Inſtructions from his Majeſty; and the Law of the Province for making the Bills of Credit a Tender for the Payment of Debts(Specialties and expreſs Contracts in Writing excepted) according to their nominal depreciated Value, had been found in it's Effects by long Experience before his Acceſſion to the G—t to be the Bane of the Province, and had been publickly declared by his Ex—cy in a Meſſage to the Aſſembly ſoon after his Arrival to the G—t to be neither for his Majeſty's Service nor the Good of the Country: yet when that Law was expired, he with his Eyes thus open revived it again for ten Years, without providing the leaſt Remedy againſt the Miſchiefs of it, which were thereby continued and multiplied in the Province during the whole Time of his Ad—n; Whereas his Suc—r upon the Expiration of the ſame Law in the Time of his Ad—n prevailed upon the Aſſembly to provide a ſufficient Remedy for Creditors againſt the future depreciating of the Bills, whenever they ſhall think fit to take the Benefit of it.

His Majeſty's Royal Inſtructions made it his late Ex—cy's indiſpenſable Duty to take eſpecial Care that all the Bills of Credit on the Province ſhould be drawn in and ſunk at the ſeveral Periods limited in their reſpective Emiſſion Acts (which alſo is provided to be done by the Province Law) and forbad him to permit any Bills of Credit to be emitted by the Aſſembly, except for the neceſſary Support of his Majeſty's Government; yet he permitted much larger Quantities of the Province's Bills to be outſtanding beyond their ſtated Periods, than any G—r ever ſuffer'd before, though not under the ſame Reſtraint by his Majeſty's Inſtructions, to the detriment of the Country, and in Breach of the Royal Inſtructions; and encouraged one bad Scheme of Bills of Credit for a Medium of Trade to be carried on by an unlawful Combination of private Perſons; and for a long Time permitted another much worſe Scheme of Bills of a like Nature, to the exceeding great Confuſion and Diſorder of the Province, and plainly contrary to the Tenor of his Majeſty's Commands: Whereas his Suc—r has conſtantly exerted his beſt Endeavours for drawing in as well the before mention'd Arrears of Bills, as the Bills emitted ſince his own coming to the Ad—n as faſt as the Circumſtances of the People can bear it, and for bringing the before mention'd two Schemes to a Concluſion in the moſt ſpeedy Manner, and ſo as to prevent both the publick and private Miſchiefs, which the Land Bank Scheme in particular threaten'd, and has effected it with even more Succeſs hitherto than could well be expected.

Promoting the Preſervation of his Majeſty's Woods reſerved by the Charter of King William and Queen Mary for the Uſe of the Royal Navy, and countenancing and ſupporting the Surveyor General of the Woods in the Execution of his Office is an undoubted Part of a G—r's Duty within this Province, and what is injoin'd him by his Majeſty's Royal Inſtructions; yet his late Ex—cy, though he made a Shew of doing it in ſome of his Speeches to the Aſſembly, did not ſcruple openly to condemn in his Converſation the Acts of Parliament made for the Preſervation of the Woods as cruel & unjuſt, or to that Effect; and in Fact greatly diſcouraged and diſcountenanced the late Surveyor General by promoting and countenancing, in the extraordinary Manner which I have before mention'd, Complaints brought by reputed Deſtroyers of the Woods againſt him, and the Court of Admiralty for Matters done in the Execution of their reſpective Duties with Regard to the Preſervation of the Woods, and when the Deſtruction of ſeveral Thouſands of his Majeſty's white Pine Trees had been lately made, and tranſmitting thoſe Complaints home to be laid before his Majeſty with a View (as manifeſtly appear'd by the Tenor of them) to render the Surveyor General and Court of Admiralty obnoxious to his Royal Diſpleaſure: Which Conduct, together with his permitting the Orders of his Majeſty in Council made for the Relief of Workmen employed in cutting down Trees for the Service of the Royal Navy to ſuffer repeated Contempts in the provincial Courts, without uſing any Endeavours for ſupporting his Majeſty's Authority, and carrying his Royal Orders into Execution, but on the other Hand joining to ſupport the Proſecutor of thoſe Workmen in his Defence againſt their Appeal to his Majeſty in Council at the Province's Expence, has a plain Tendency to encourage the Deſtruction of the Woods, and the harraſſing of Workmen employed in the before mention'd Service, and ſeem to have viſibly produced thoſe ill Effects in the Province: Whereas the preſent G—r has cauſed the before mention'd Orders of his Majeſty in Council to be complied with; and prevailed on the Aſſembly to paſs an Act for the better Preſervation of the Royal Woods in this Province, and Protection of the Workmen employed in cutting them for the Uſe of the Navy, and diſcouraging vexatious Proſecutions againſt them, and otherways exerted himſelf for the ſame Ends; which will in all Probability have a conſiderable Effect for the Preſervation of his Majeſty's Woods and the Service of his Royal Navy.

Supporting the general Juriſdiction of his Majeſty in Council with Reſpect to hearing and determining of Appeals made from Judgments of the provincial Courts of Judicature given in all Suits whether real or perſonal, that may deſerve his Royal Conſideration(which is plainly declared and affirmed by the Royal Charter) by cauſing ſuch Orders of his Majeſty in Council to be carried into Execution within the Province is unqueſtionably Part of his G—r's Duty: Yet his late Ex—cy not only neglected that Part of his Duty with Reſpect to the two before mention'd Orders, but when he was ſerved with 'em, tho' by the Latter of 'em he was ſpecially commanded to ſupport his Majeſty's Authority in the Premiſſes and to cauſe every Part of his Royal Order to be complied with, declared his Sentiments in Effect to be, that his Majeſty in Council had no Juriſdiction in that Caſe, in Oppoſition to his Royal Determination of that Point in his Council, to whom only the Determination of it does or can in the Nature of it, of Right appertain: Which Conduct of his late Ex—cy appears in it's Conſequences to have had a bad Influence upon the Minds of the People in that Reſpect, and ſeems from ſome late Proceedings to have contributed to encourage and confirm not only the Inhabitants of the Town of Boſton, but the Aſſembly itſelf in the ſame miſtaken Notions: Whereas his preſent Ex—cy has taken all proper Opportunities of aſſerting his Majeſty's Juriſdiction in Council upon the before-mention'd Appeals, not only as a Matter eſſential to his Government, but as a valuable Privilege of his Subjects in this Province; and has effectually ſupported it hitherto by cauſing the two Royal Orders, which had twice ſuffered Contempt in his Pred—r's Time to be complied with.

It was alſo unqueſtionably his late Ex—cy's Duty to have cauſed the ten Companies of new raiſed Levies in this Province for his Majeſty's Service in the late Expedition, which the Aſſembly had by their Vote obliged themſelves to have tranſported to his Majeſty's other Forces in the Weſt-Indies at the Expence of this Government, to have been tranſported there accordingly; but inſtead of that he not only ſuffered one of thoſe Companies conſiſting of an Hundred Indians (which had been raiſed by the Advice and Influence of his preſent Ex—cy whilſt he was a private Gentleman in the Province) to be broke up and diſperſed, for Want of being properly ſecured upon Caſtle Iſland, which might have been done, and he promiſed(as I am inform'd) to do upon the Application of their Captain to him for that Purpoſe; and another of thoſe Companies, with whom the preſent G—r had nothing to do, to be likewiſe broke up and diſperſed; and a third to be upon the Brink of ſharing the ſame Fate, which it would have done had not the preſent G—r, then a private Gentleman, timely prevented and ſaved it for his Majeſty's Service, but even to diſmiſs four of the other Companies, by Means of which Proceedings three of them were loſt, and the fourth would have been loſt, had it not been a ſecond Time ſav'd for his Majeſty's Service by the Advice & Vigilance of the preſent G—r then alſo a private Gentleman, and the Captain and and Leiutenant's indefatigable Diligence, and great Expedition, by which it was at laſt with much Difficulty recover'd: So that inſtead of ten Companies, which his late Ex—cy might have indiſputably ſent into the Service, and it is moſt evident that his preſent Ex—cy would have ſent actually there, had he been then G—r,(as indeed any other of his Majeſty's G—rs upon the Continent at that Time, when the unfortunate Event of the Expedition could not be foreſeen, would gladly have done, had it been in his Power) he ſent only five, one of which alſo had been twice ſaved from being loſt to his Majeſty by his preſent Ex—cy, when a private Gentleman, as I have before mention'd.

It is likewiſe evidently, Sir, the Duty of his Majeſty's G—r of this Province to take as much Care, as may be, that the Branch of the Legiſlature, which conſiſts of his Majeſty's Council, ſhall not be over-balanc'd by the Houſe of Repreſentatives; yet his late Ex—cy by ſplitting of old Townſhips and unneceſſarily erecting new ones out of them put it into the Power of the Towns thus newly erected during his Ad—n to ſend ſixteen new Members at preſent to the Houſe of Repreſentatives, and when the Number of their reſpective Families ſhall be increaſed to 120 in each Town, to ſend thirty two Members; whereby he went farther towards deſtroying the original Ballance between thoſe two Branches of the Legiſlature in this Way, than any of his Pred—rs ever did: Whereas the preſent G—r, upon finding ſoon after his Acceſſion to the G—t three engroſs'd Bills for the like Purpoſe laid before him for his Conſent, put an immediate Stop to this pernicious Practice, tho' an eſtabliſh'd one with the Aſſembly, by declaring his fixed Reſolution not to add farther by this Means to the Number of the Repreſentatives, which already conſiſts of between 110 and 120 ſitting Members, and may, whenever the Towns pleaſe to ſend 'em, receive a preſent Addition of at leaſt 60 more, and, when all the Towns ſhall arrive to the above mention'd Number of Families, may be increas'd to about 300 Repreſentatives for the Towns already in being, & would within a Century more, if this Practice had gone on, between the new Townſhips erected out of the old ones, and the new created Towns have bid fair to have equalled the Number of the Members of Parliament in Great Britain; whilſt his Majeſty's Council conſiſts of only 28 Members, and cannot conſiſtently with the Royal Charter have their Number increas'd; and even thoſe 28 are every Year choſen intirely by the Repreſentatives together with the old Counſellors for the paſt Year.

It is alſo a conſiderable Part of the Duty of his Majeſty's G—r to cultivate ſuch an Harmony between himſelf and the other two Branches of the Legiſlature, as may enable him in the beſt Manner to promote his Majeſty's Service and the true Intereſt and Welfare of the People within the Province; to bind the People with ſtrongeſt Ties of Duty and Affection to his Majeſty's Perſon and Government, and to conciliate his Royal Favour and moſt tender Regards to them; and to eſtabliſh as much as may be a general Tranquility and Satisfaction under his own Ad—n throughout the Province: As to the firſt and laſt of theſe Particulars, you are ſufficiently ſenſible, Sir, from your own Knowledge of the late and preſent State of the Province, how miſerably divided the ſeveral Branches of the Legiſlature were when his late Ex—cy quitted the Ad—n; what Quarrels, Altercations and Expreſſions of Reſentment paſs'd between the late G—r and Houſe of Repreſentatives in the latter End of his G—t; what a ſtrong Oppoſition reign'd then in the Houſe, and how general a Diſſatisfaction throughout the Province: On the contrary how entirely the Scene of Affairs has been chang'd by his preſent Ex—cy's Ad—n; how ſoon he united all Parties in the Aſſembly in his Majeſty's Service and the Intereſt of the Country; what Tranquility and Satisfaction is ſpread thro' the whole Province, notwithſtanding the public Taxes are greatly increaſed, and Executions are daily iſſuing out to draw in a moſt heavy Arrear of the outſtanding Bills of Credit; and the Debtors find themſelves pinched by the late Law for ſecuring the Value of outſtanding Debts; And how well affected they are to the preſent Ad—n: And as to the other Particular, you are equally acquainted with the preſent G—r's Endeavours to conciliate the Royal Favour to his Majeſty's Subjects with this Province by juſtly repreſenting the Duty and Affection, which he is perſuaded they bear to his Majeſty's Perſon and Government, and on the other Hand with the fixed Opinion which had been unhappily concieved in the Province from the late G—r's Speeches and Conduct, that his Repreſentation of the People had a Tendency to give his Majeſty and his Miniſtry a bad Impreſſion concerning them, and to perſuade his Majeſty that they were refractory and ill affected to Government; & that ſuch Repreſentations were calculated to raiſe an Opinion of his own Services to the Crown at the Expence of that Share of their Sovereign's Favour, which they apprehended their Loyalty and Zeal for the Service of his Majeſty's Government juſtly intitled them to: But how well this Perſuaſion concerning the late G—r may be grounded I will not take upon me to ſay.

The Preſervation of the publick Peace and Tranquility of the Country from religious as well as civil Diſturbances, and the diſcountenancing of every Thing, which has a Tendency to promote a general Enthuſiaſm among the People deſtructive of good Order in their Aſſemblies, and of the Principles neceſſary for the Maintenance of Government in the State, is an indiſpenſable Part of a G—r's Duty; yet tho' it was publickly known that Mr. Whitefield's Preaching and Itinerancy in ſeveral Parts of North America, before his Arrival at Boſton, had produc'd Diſorder & Confuſion among the People, and poſſeſs'd the Minds of many of the Populace with Notions dangerous to the well being of the Conſtitution both in Church and State, his late Ex—cy, contrary to the Example of all other G—rs upon the Continent, in a moſt unprecedented Manner publickly countenanced, courted, and careſs'd him, and his Succeſſor Tennent in theſe Parts, and thereby contributed to his growing into the People's Favour to ſuch a Degree, as even to intimidate (as I have been credibly inform'd) ſome ſober, learned Miniſters in the Province from diſcharging their Duty by openly oppoſing his Doctrines; and what miſerable Effects his preaching produc'd in ſeveral Towns within the Province, the Factions and Diſorders ſubſiſting there to this Day in ſome of 'em, and the Impieties, which have been practis'd by ſome of his Followers upon the Principles, which they at firſt imbib'd from him, afford ſufficient Evidence.—And to give you one indiſputable Proof and flagrant Inſtance of the late G—r's publickly eſpouſing of theſe miſchievous Itinerants, and encouraging their preaching, I ſhall here tranſcribe Part of two Articles out of one of Mr. Whitefield's Journals printed at Boſton in 1741; the firſt of which is dated October 14th 1740, under the Title—Sudbury, Marlborough, Worceſter, wherein he ſays thus, Got to Marlborough eight Miles from Sudbury about 4; preach'd in the Meeting-Houſe to a large Congregation: at firſt my Heart was dead and I had but little Freedom, but before I had finiſh'd, the Word came with ſuch a Demonſtration of the Spirit, that great Numbers were very much melted down: When I came into the Meeting-Houſe I turn'd about, and to my great Surprize found G—r B—r there; He was affected, and tho' it rained, and he was much advanc'd in Years, he went in Company with us as far as Worceſter, fifteen Miles from Marlborough, whither we got about eight at Night; here we were kindly entertain'd at the Houſe of Col. C—r: we ſpent the Remainder of the Evening very agreably with the G—r, and after Prayer retir'd to Reſt And in the Article immediately following dated October 15th under the Title—Worceſter and Lieceſter, he goes on thus, viz. Perceiv'd the G—r to be more affectionate than ever; after Morning Prayer he took me by myſelf, kiſs'd me, wept, and exhorted me to go on in ſtirring up the Miniſters; for, ſays he, Reformation muſt begin at the Houſe of God: As we were going to Meeting, ſays he, Mr. Whitefield do not ſpare Rulers any more than Miniſters, no not the chief of them: I preach'd in the open Air to ſome Thouſands; the Word fell with Weight indeed, it carry'd all before it: After Sermon the G—r ſaid to me, I pray God I may apply what has been ſaid to my own Heart; pray, Mr. Whitefield, that I may hunger and thirſt after Righteouſneſs: Dinner being ended, with Tears in his Eyes he kiſs'd and took his Leave of me: Oh that we may meet in Heaven! I have obſerv'd that I have had greater Power than ordinary, whenever the G—r has been at publick Worſhip: A Sign this, I hope, that the moſt High intends effectually to bring him home and place him at his own right Hand; Even ſo Lord Jeſus; Amen and Amen: Was enabled much to rejoyce in Spirit; preach'd in the Afternoon at Lieceſter ſix Miles from Worceſter with ſome tho' not ſo much Power as in the Morning. I have undoubted Aſſurance, that before this Journal was printed his late Ex—cy had the Reviſal and Correction of it, at leaſt of the two Paragraphs, before tranſcrib'd, and approv'd of their being publiſh'd with his Name printed at Length in the firſt of 'em; and ſhall leave you now to your own Obſervations upon theſe extraordinary Paragraphs; and proceed to inform you that when his preſent Ex—cy firſt came to the G—t, upon which Occaſion he was invited, according to the uſual Cuſtom in ſuch Caſes, by the Preſident and Corporation of Harvard College at Cambridge to an Entertainment there, Part of which is a Congratulatory Latin Oration, to which it is the Cuſtom for the G—r to make ſome ſhort Anſwer, his Ex—cy upon being appriz'd by a reverend Gentleman of good Senſe and Learning that the Youth of the College had been much infected by Mr. Whitefield, who was ſuffer'd to preach to 'em at their College Meeting Houſe in the Time of the late G—r's Ad—n, and that it might be of Service to 'em if he would take Occaſion in his Anſwer to the Oration in a few Words to expreſs his Diſapprobation of Whitefield's Doctrines and the Notions, he had infus'd into 'em, as well as give Countenance and Spirit to the Preſident and Fellows and ſome Miniſters to follow his Example, very readily embrac'd that firſt Opportunity of declaring his Sentiments accordingly in their public Hall, and contributing as much as he could thereby to diſcountenance and diſcourage the enthuſiaſtick Tenets lately propagated among them: which Example of his Ex—cy was ſoon after follow'd upon a more public Occaſion by the worthy Pre—t of the College in his next public Commencement Speech before the greateſt Part of the Miniſters of the Country; and I am perſuaded had other good Effects.

I might ſhew the ſame Contraſt between the late and preſent Ad—n in ſeveral other Inſtances; but thoſe before mention'd are ſufficient; and I have been led thus far, much againſt my Inclinations, by the honourable Gentleman's own apparent Scheme for making a Compariſon on your Side of the Water between his G—t and his Suc—r's, to his Juſtice in doing which I can by no means truſt, and have therefore furniſh'd you with this Account, that you may the better examine and correct what he may offer to advance wrongfully to the Prejudice of his Suc—r's Character and Conduct in his Ad—n.