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strenuously such an attempt with all other Projects of the' like nature.1

Mr. Bollan some time since sent his Account and a Committee was appointed to examine the same during the recess of the Court. The Committee reported this sessions and the House have order'd that a copy of said Report togather with the Account annex'd shoud be sent you as also to Mr. Bollan. It is an Account of long standing and therefore difficult to settle. This was observed by the House while this Account was under consideration and therefore it was moved that to prevent the like difficulties in the adjustment of your accounts, that the secretary might be directed and he was accordingly directed to desire you to transmit your accounts as soon as conveniently you coud, and it is apprehended by your Friends that Justice is more likely to be done you by frequent settlements, than other ways. Mr. Jackson's Friends have not ventur'd this sessions to propose his being join'd with you in the Agency. The objections are so obvious that they dispair'd of obtaining a vote for it, besides they were apprehensive that the generality of the Court were disposed for joining your Brother. The G-v-n-r's great attachment to Mr. Jackson and the hurry and confusion the Court have been in this Session has been the prevailing reasons with your Friends for not moving for this latter junction this session. The hurry and confusion in the Court has been or was occasioned by the Courts being oblidged on account of the

1 "As to the other American Bills, they are not yet bro't into the House; nor is it determined when they will be. Your trade I know languishes under the pressure of that heavy Duty on Molasses; and upon that Account it were to be wish'd that the Intended regulations might speedily take place: But upon the other Account this is a very bad Sessions for any such attempt, when the state of parties is such, that 50 or 60 West India voters can turn the balance on which side they please. I heartily wish you to escape every distress of this sort." Israel Mauduit to March 3, 1764. Mass. Arch., LVI.

412.

Small Pox to remove from Boston to Cambridge, where they had not been many days before the Colledge in which they satt was consumed by Fire togather with the Library and Apparatus, a very great and sore loss to that Society and to the whole Province. I doubt not your good offices togather with the rest of the Friends of New England to promote any measures that it may be thought expedient to prosecute in order to retreive this Loss and to replace the Library and Apparatus. I am with Respect Your most humble Servant, THOMAS CUSHING.

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SIR, I thank you very kindly for the Pamphlets you were so good as to send me, with your remarks on the state of the Controversy between our good friend 2 and his opponents, which I think ingenious and well founded. I herewith send you a Copy of the London Edition of the Dr's work, and an answer to it, written and printed here. It is writt with great Art, and reads to advantage by carrying the face of Moderation and good Temper. In the main it does the Dr. honour; as it acknowledges that there has been ground given for the Complaint.

You'll excuse my enlarging: as I am at present much taken up in preparing and solliciting a bill in parliament for the encouragement of the whale fishery, which as it is my own undertaking, I am willing to go thro with. I am, Sir, your humble Servant, ISRAEL MAUDUIT.

Lime Street, 14 February, 1764.

1 Mass. Arch., LVI. 411.

2 Mayhew.

THOMAS CUSHING TO JASPER MAUDUIT

BOSTON, March 29, 1764

SIR, -I have received your kind Favor of 12 November last. I hope you will by no means come into any sudden Determination with respect to the Agency. You have represented to the Court the advantage that will accrue to the Province from your Brother's being joined with you, you have also informed them of your ill state of health, and if from thence the Business of the Province should at any time Suffer, they will have to blame themselves not you. Besides, if at this juncture you shoud resolve to resign, the late Choice the Court have made of Mr. Hutchinson will perhaps be thought by some to be the prevailing motive to such a determination. The Court approve much of your conduct. They are very desirous of and still expect to reap great Benefit from your further Services. Your Resignation therefore will greatly supprize them, as well as Disappoint them. I conclude with my respects [to] your Brother, Your most humble Servant,

THOMAS CUSHING.

bau ANDREW OLIVER TO JASPER MAUDUIT

BOSTON, 3d April, 1764.

SIR, I have made up a Box of Public Papers which go by the Brigantine New Swallow, Andrew Gardner, Master, bound for Bristol, to your Address. I have desired Mr. William Jones of Bristol to forward the Box to London by the Machine, and pray you woud reimburse him any Charge attending it. There are for yourself in the Box Copies of 16 Acts passed the last Session of the Court, authenticated under the Province Seal, and a Journal of

the House of Representatives the same session, to which is annexed printed Copies of the State of our Controversies with the neighbouring Governments,1 which I sent you in Manuscript in my last by order of the Court.

There is in the Box a journal for Mr. Jackson, and a large parcel for Mr. Pownall, Secretary to the Board of Trade. I have likewise inclosed a Letter to Mrs. Mary Wightwick in Strutton Street (if there be such a Street) Picadilly: I pray your Care of these Inclosures, and should be glad to know that the Letter to Mrs. Wightwick reaches her hands, and that you would be kind enough to forward me any Answer from her. The other Inclosures are from the Governor, who would be obliged to you for your care in forwarding them as directed.

You will see by the Journal of the House, that a Motion originated there the last Session for sending a Person from hence to join with you in the Agency. The time seemed to be critical, not only as it was apprehended that the Ministry might use their influence in Parliament for laying duties on sundry Articles in the Colonies; but as it was apprehended likewise that now the War was over, they would proceed to the settlement of the Boundaries between the several Governments. It was judg'd that one among Ourselves must be more intimately acquainted with the circumstances on which these matters might turn, than it was possible to make the standing Agent acquainted with them by writing. The Board came into the Proposal, and the Choice fell on the Lieut. Governor: But as he thought himself obliged to acquaint the Ministry before he ventured to leave the Province, he waived the matter, as you will see by the Copy of his Letter in the Journal. The House thereupon voted to excuse him wholly from the

1 This is appended to the printed Journal, 1763–64.

Service; the Board nonconcurred this Vote, and so this business is suspended: How it will issue cannot at present be determined; You may possibly know the determination of the Ministry sooner than we. And as to the Affair of the proposed Duties; that is most probably determined already.

I am much obliged to your Brother for the Lights he has given me in these matters. I am, Sir, Your most obedient and most humble Servant, AND'W OLIver.

SIR, I must pray you to excuse this coming on a single half Sheet, the other half was so defaced since writing this, that I was obliged to take it off, and have not time to transcribe it.

Your favour of 17 December with Mr. Sewel's Opinion on Mr. Martyn's Will is come to hand.1 1

JASPER MAUDUIT TO [SECRETARY OLIVER?] 2

LONDON, April 5, 1764.

In conformity to the orders of the General Court I now send them my Account, which they will find to be a very short one. As I have immediately after the Receit of their Money either placed it in the Bank, or applied it to paying their Drafts; and have kept their Exchequer Bills at Interest for the use of the Province, I think myself intitled to a Commission: which I have put only at one per Cent. You will see that I take no notice of Postage and all other charges attending their service except only the mere fees of

1 "With respect to Mr. Martin's Legacy, the Case as drawn by Mr. Anderson, as also that by me, both of which Mr. Sewall has given his Opinion on, were read to the General Court at which were present some Members, eminent Professors of Law; and considering well all Circumstances, they were of Opinion that the Scots Society have no Right to that Money, but we came to no Resolution because we expect an Answer to mine of the 17th of December past relative to this Matter." Mauduit to Andrew Oliver, April 10, 1764. MS. (013.24, f. 20). 2 Mass. Arch., LVI. 419.

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