Skip to main content

Full text of "Acts and resolves passed by the General Court"

See other formats 


:>:)E> 


:>>j> 
:>>> 


'-^;t^ 


^>^S3:^.. 


:^ 

'-:> 

^"    V-- 

:> 

5> 

>  :i; 

l2> 

:>3 

:o 

5S  A^ 


,:>i:^^ 


:!:>::>I>^ 


'^•^.  a 


?«s'u'«:' 


n«'A'A''''AX.^^O^'.'^'^^^.^n' 


/>   /s  \^    ^       '    -  .  'V 


iimMMS 


./i'A       /?.  <\ 


ffiCun 


.";'A'WAAOOAn 


r^^^^^^:wr???^ 


'^  -/n  A  / 


?,j>«^aA^a^^'A'*;^/^/^/^^' 


UJfT™il 


lkf^r,r^r)f^r\r/^r\f^^^^^^^ 


^.'^/^  A>. 


'P':v:^AA';;!>^.t 


yf\t\mf\mi^^r  ^'^^'''' 


aa:'>^"a 


^?'^;?'^'>.■'^^^'^A 


f^-^A^n^AA^AA 


\  '\  A^  aWWo'W  oWHH^^^  'i^,'-'''^\^ 


V^/l/v^/^A^^^^^^^^^' 


'^      .  ;^A 


^"  a;<oaa:.aaaaa^^^^*' 


^  ■' '  \  '>  /^ 


y  /\ '    '    I'    'I 


teO^A/j^^^^B! 


^'m^^^fm^^ 


'  Aa/>'/^^ 


TVlMiMi 


A'S.2'^A/V^ 


^aA,'^'^/^ 


5asa§s^«^^^^a^a^^'^^^!^^l!^^^ 


I 


RESOLVES 


Or    THE 


GENERAL  COURT 


OF  THE 


Commantoealrt)  of  ^^assacbusetta, 


BEGCS^   ASO    HZLD     AT    B35T0K,     IX   XH^    COZST~    OY    SUTTOLK.     OS   "trxUXIlS* 

DAT,     THE      T"^^E>"TT -EIGHTH      DAY     01      MAT,     AXXO     EOjaKI;     C>"X 

TEOrSAXD    EIGHT    HrXDRED    AKD    SIS. 


BGSTO.V: 
PRINTED   BY  ADAMS   AND   RHOADES. 

PBIXTEES   TO    THE   STATE* 


CIVIL  LIoT 

OF    THE 

GOMMONWEALTH    OF    MASSACHUSETTS, 

For  the  political  year  1806-7. 


HIS  EXCELLENCY 
CALEB  STRONG,  Es^;  Governor, 

[^General  HEATH  having  declined  serving,  there -will  he  no 
Lieutenant-Governor  this  year.~\ 

COUNCIL. 


Hon.  Marshall  Spring, 
Benjamin  J.  Porter, 
Nathan  Weston, 
William  Widgery. 


Hon.  Levi  Lincoln, 
William  Eustis, 
Samuel  Fowler, 
Daniel  Kiiham, 
Thomas  Hazard,  jun. 

SENATE. 
Hon.  John  Bacon,  President. 

Suffolk-^Uon.  H.  G.   Otis,  C.   Gore,  John  Phillips,  William 
Spooner,  and  Peter  C.  Brooks. 

Essex Hon.  Enoch  Titcomb,  John  Heard,  John  Phillips,  jun. 

Elias  H.  Derby,  John  Row,  and  Nathaniel  Thurston. 

Middlesex — Hon.  John  Maynard,  Aaron  Hill,  Wm.  Hildreth, 
and  Samuel  Dana. 

Hampshire—IiGn.  John  Hastings,  Ezra   Starkweather,  Hugh 
M'Lellan,  and  George  Bliss. 

York — Hon.  John  Woodman,  and  Joseph  Storer. 

Bristol — Hon.  Nathaniel  Morton,  and  Josiah  Dean. 

Plijmoiith — Hon.  Albert  Smith,  and  Nathan  WilUs.     - 

Barnstable — Hon.  James  Freeman. 

Dukes-county  and  Nantucket,  Hon.  Isaac  Coffin. 

JForcester—Hon.   Salem  Town,  Daniel  Bigelo\v,  Elijah  Brig- 
ham,  and  Thomas  Hale. 

Cumberland — Hon-.  Levi  Hubbard,  and  Daniel  lisle)'. 

Berkshire — Hon.  John  Bacon,  and  Timothy  Childs* 

Norfolk — Hon.  John  Ellis,  and  John  How. 

Kennebeck — Hon.  Thomas  Fillebrowne. 

Lincoln,  Hancock,  and\    Hon.  John  Farley,  and 
JFasIiington,  5    George  Ulmer. 

Rev.  Wm.  Emergen,  Chaplain. 
John  D.  Dunbar,  Esq.   Clerk, 


HOUSE  OF  REPRESENTATIVES. 
Hon.  Peeez  Mortox,  Speaker. 

John  Bailev 


SUFFOLK. 

Boston,,     Jonatlian  Mason, 
Wiiiiam  Smitli, 
Samuel  Paikman, 
William  Brown, 
Jona.  Hmmewell, 
William  Sullivan, 
John  ^^'eilcs, 
Edw.  Tuckemian, 
William  Phniips, 
John  Winslow, 
Francis  \\"right, 
Stephen  Codman, 
Redford  ^^'cbster, 
Simon  Elliot, 
Thomas  Perkins, 
Benjamin  Russell, 
Daniel  Sargeant, 
Thomas  W.  Sumner, 
James  Lloyd,  jun. 
John  Callender, 
Thomas  H.  Perkins, 
Thomas  K.  Jones, 
Benjamin  Goddard, 
Benjamin  Whitman, 
Jolin  T.  Apthorp, 
Thomas  Danfonh.' 
Charles  Davis, 

Chelsea, 

ESSEX. 

Salem,      John  Halhornc, 

William  Cle\eUmd, 
John  Southwick, 
Joshua  ^^''alxl, 
AV^illiam  Steams, 
Joseph  Story, 
Henrj-  Elkins, 
Joseph  \\'hite, 
Joseph  Winn, 

Marbkhead,  John  Prince, 

Nathan  B.  ]MartIn. 
Philip  Besom, 


Asa  Hooper, 
Joshua  Prentiss,  jun, 

Lynn  &      7  Joseph  Fuller, 

Lynjifield,  5  jMicajah  Newhall, 
Aaron  Breed, 
Ebenezer  Hart, 

Z)a?ivers,  Gideon  Foster, 
Samuel  Page, 
Nathan  Felton, 

Beverly,  Joseph  Wood, 

Israel  Thorndikc, 
Thomas  Davis, 
Abner  Chapman, 

Gloucester,  William  Pearson, 
Daniel  Rogers,  jun, 
John  Somes, 
William  Pearce,jun. 
Caleb  Norwood,  jun« 

Manchester,  William  Tuck, 

TJ'^enhajn, 

Hamilton,  Robert  Dodge, 

Middleton, 

Ips-icich,   Nathaniel  Wade, 

Jona.  Cogswell,  jun. 
Joseph  Swasey, 

Rowley,    Benj.  Adams,  jun. 
Thomas  Gage,  jun. 

JVeu'bury,  Joseph  Litdc, 
Joseph  NewelJ, 
Enoch  SaMyer, 
Ebenezer  Stocker, 

jXeivburyport,  Mark  Fitz, 

Ed.  St.  L.  Livermore, 
And.  Frothingham, 
Jonathan  Gage, 
Edward  Litde, 
Stephen  Howard, 
John  Pearson, 

Andover,  Thomas  Kittredge. 

B oxford,  Thomas  Perley, 

Bradford,  Daniel  Stickney, 


Samuel  Webster, 
Topsfield,  Nath.  Hammond, 
Salishiinj,  Jona.hian  Monill, 
Amesbury,  Btnjcj-nin  Lurvey, 
Haverhill^  David  How, 
Methuen,  Stephen  Barker. 

MIDDLESEX. 

Charlestoivn,  Thomas  Harris, 
Matthew  Bridge, 
Da^•id  Goodwin, 
Seth  \Vvman, 
Richard  Frothingham, 
Cambridge^  Jedu.  Willington. 
Jonathiin  L.  Austhi, 
Daniel  Mason, 
\Vm.  Whittemore,  jr. 
Medford,  Nathaniel  H-II, 
Maiden^    Jonathan  Oakes, 
Watertown^  Jonas  White, 
JFaltham,  Abner  Sanderson, 
Newton,  Timothy  Jackson, 
Eben.  Woodward, 
Weston^    John  Slack, 
Lincoln^    Samuel  Hoar, 
Lexington^  William  Munroe, 
Sudbury,  William  Hunt, 
East- Sudbury^  Jacob  Reeves, 

■n     7      ,    ?  Eph.  AMiitcomb, 
Boxboro\  3 

Marlborough,  John  Loring, 

Frajiiingliani,  Josiah  Stone, 

J\'otick, 

Sherburne,  Calvin  Sanger, 

Hopkintou,  Walter  M'f  arland, 

IloUiston,  Jason  ChamberlaiiL 

Concord,  Joseph  Chandler, 

Jonas  Lee, 

TFoburn,  Samuel  Thompson, 

Stoneham,  Daniel  Gould, 

Reading,  Daniel  Graces. 

JVdmmgton, 

Bedford,  David  Reed, 

Bdlerica,  Joseph  Locke, 

Tewksbury,  William  Simonds, 

Chehnsfurd,  William  Adams, 

Carlisle,  Ephrair^  Robbins, 


Isaac  Wright. 


Acton,  Samuel  Jones, 
Littleton,  Simon  Hartweil, 
JFsstford,  Thos.  Fletcher,  jun. 
Groton,  Timothy  Bigelow, 

Joseph  Moors, 
Shirley,  Nath.  Holden, 
Pepper  el,  Joseph  Heald, 
Toxvnsend,  John  Campbell, 
.  ishby, 

Dracut,  Israel  Hildreth. 
Dunstable  &: 
Tyngsboro"*    ^ 
Burlington, 

HAMPSHIRE. 

Springjield,  Jacob  Bliss, 

Jona.  Dwight,  jun. 
Moses  Chapin, 

Zjongineadoxv,  Ethan  Ely, , 

JVilbraham, 

Monson,  Abner  Brown, 

So.  Brim  field,  7  -r>     •  j  itt  ?r 
%:.  Holland,    '  ^  David  ^^aU.5, 

Brimjield,  Stephen  P}Tichon. 
Palmer,  Aaron  Meirick, 
Ware,  William  Bov.doin, 
Belchertown,  Eleazer  Clark, 

Eliakini  Phelps, 
JaicUoiv,  Gad  Lyon, 
Granby,  David  Smith, 
South- Hadley,  Ruggles  \\'ood- 

bridge, 
Hadley,  Samuel  Porter, 
Amherst,  Samuel  F.  Dickinson, 
Pelham,  Isaac  Abercombie, 
Greenwich,  Abijah  Powers, 
Shufesbury, 
L,€verett, 

Sunderland,  Giles  Hubbard, 
Montague,  Nathan  Chener}-, 
Wendell,  Joshua  Greene, 
New- Salem,  Samuel  C.  Allen. 

Timoth}-  Packard, 
Northf.eld,  Medad  -.\lexander, 

O^.v-re         ^  JosianCobb. 


Northampton  8c  7  A,  Pomcroy, 
Easthampton,     \  M.  Wriglit, 

Thaddcus  Clapp. 
TFesthamtpon,  Silvester  Judd, 
Southampton^  Lemuel  PomeroVj 
JFestfieklj  Ashbel  Eager, 

Jedidiah  Taylor, 
JF.  Springfield,  Jona.  Smith,  jr. 
Samuel  Fowler, 
Charles  Ball, 
Soitthiuick,  Joseph  Forward, 
Granville,  Ezra  Marvin, 

Abraham  Granger, 
JBlandfurd,  David  Boies, 
Russeil, 
Montgomery, 
N'ojivich,  Aaron  Hall, 
Chester,  Martin  Phelps, 
Middlcfield,  Uriah  Church, 
IForthington,  Elisha  BreA\ster, 
Chcsterjield,  Benj.  Parsons, 
IFilliamsburgh,  \V'm.  Bodman, 
Hatfield, 

JFhatleij,  Phineas  Fraiy, 
Deerfield,  Ephraim  Williams, 

Elihu  Hoyt, 
Comvaij,  John  Bannister, 
Goshen,  Nehemiah  May, 
Ashfield,  Ephraim  Williams, 
Cinnmington,  7  Peter  Bryant, 
&  Plainjield,  5  Adam  Packard, 
Haxvley,  Edmund  Longley, 
Buckland,  Enos  Pomer}-, 
Shelburne,  Aaron  Skinner, 
Greenfield  &  7  j^^^^^^^  ^^^:^^^.^ 
Gut,  J 

Bernardston  \  H.  Newcomb,  jr. 
8^  Ley  den,    5  Gideon  Ryther, 
Coleraine,  David  Smith, 
Heath,  Roger  Leavitt, 
Iloive, 
Charlemont,  Levi  Stearns, 

PLYMOUTH. 

Plymouth,  Ephraim  Spooner, 
Nath.  Goodwin, 
Zachcus  Bartletr, 
Joseph  Thomas, 


Kingston,   John  Faunce, 
Duxbury,   Seth  Sprague, 

Adam  Fish, 
Marshfield,  PLlisha  Phillips, 
Pembroke,  Nathaniel  Smith, 
Isaac  B.  Barker, 
Bridge-water,  Daniel  Mitchell, 
Middleborough,  John  Tmkham, 
John  Morton, 
Levi  Pierce, 
Chillingworth  Foster, 
Rochester,  Gideon  Barstow,  jun. 

Calvin  Ciiaddock, 
TFareham, 

Cai~ver,  William  Attwood, 
Plympton,  Seth  Cushing, 
Halifax,  Nathaniel  Morton, 
Abington,  Aaron  Hobart, 
Hanover,  Benjamin  Bass, 
Scituate,  Charles  Turner,  jun. 

Enoch  Collamore, 
Hingham,  Hawkes  Fearing, 
Hull, 

BRISTOL. 

Taunton,  Jones  Godfrey, 
Behoboth,  David  Peny,  jun. 
Dighton,  John  HathaA\a}-, 
Somerset,  John  Bo\vers, 
Swanzey,  Daniel  Hale, 
Attleborough,  Joel  Reed, 
Mansfield, 

luiston,  John  Tisdale, 
Norton,  Laban  Wlieaton, 
Raynham,  Israel  Washbum, 
Berkley,  ApoUos  Tobey, 
Freetown,  Wm.  Rounse\elle, 
New-Bedford,  Lem'l  Williams, 
Seth  Spooner, 
Alden  Spooner, 
Samuel  Perry, 
Dartmouth,  Holder  Slocum, 
JFestport,  William  Almy, 
Troy,  Jonathan  Brownell, 

BARNSTABLE. 

Barnstable,  Jonas  Whitman, 

Ebenezcr  Lothrop, 
John  Crocker,  jun. 


Sandwich,   John  Freeman, 
Benj.  Percival, 
Falmouth,    David  Nye, 

Frank  Wicks, 
Yarmouth,  David  Killey, 
JDennis, 

Brewster,    Isaac  Clark, 
Hai-ivkh,     Benjamin  Bangs, 

Ebenezer  Weekes, 
Chatham.,     Richard  Sears, 
Orleans,       Richard  Sparrow, 
Eastham,     Samuel  Freeman, 
JVelljieet,    Lemuel  Nev.comb, 
^Truro, 
Pt'Ovincetown, 

DUKES'  COUNTY. 

Edgartown,  Thomas  Cooke,  jr. 
Tubury,  Shubael  Dunham, 
Chilmark, 

NANTUCKET. 

Nantucket,  Micajah  Coffin, 

WORCESTER. 

IVorccster,  Samuel  Curtis, 
Edward  Bangs, 
Ephraim  IVIower, 
Leicester^  Nath.  P.  Denny, 
Spencer,  Benjamin  Drury, 
Brookfield,  Jabez  Upham, 
Oliver  Crosby, 
Eleazer  Bradshaw, 
Western,     Joseph  Field, 
Star  bridge,  Oliver  Plimpton, 

David  Wight, 
Charlton,     John  Spurr, 

Samuel  Robinson, 
Dudley,       Thomas  Learned, 
Douglas,      Aaron  Marsh, 
Uxbridge,   Bazaleel  Tail, 
Memlon,      Joseph  Adams, 
Mjlford,       Samuel  Jones, 
Northbridge, 
Sutton,  Jonas  Sibley, 
Joseph  Stiles, 
Oxford,  Silvan  us  Town, 
IFard,    Joseph  Stone, 


Grafton,  Joseph  Wood, 
Upton,  Ezra  Wood,  jun. 
Shrewsbury,  Jonah  Howe, 
Westborough,  Nathan  Fisher, 
Southborough, 

Korthborough,  James  Keyes, 
Boylston,  James  Longlcy, 
Pax  ton,  Nath.  Crocker, 
Holden,  W^iliiam  Drury, 
Lancaster,  Jonathan  Wilder, 

Eli  Stearns, 
Harvard,  Isaiah  Parker, 

Jona.  Wetherbee, 
Bolton  &  ^  Barnabas  Maynard, 
Berlin      3  Stephen  P.  Gardne-r, 
Sterling,  Israel  Allen, 

Reuben  Holcomb, 
Princeton,  William  Dodds, 
Rutland,  John  Stone, 
Oakham,  Peres  Waterman, 
New-Braintree,  James  Woods, 
Hardivick,  Timothy  Page, 

Seth  Pierce, 
Barre,  Elijah  Caldwell, 

Asa  W^alker, 
Hubbardston,  Jno.  M'CIanathan, 
JFestminster,  Jonas  Whitney, 
Leominster,  Jonas  Kendall, 
Lunenburgh,  Edmund  Cusliing, 
Fitchburgh,  Samuel  Gibson, 
Ashburnham, 

fVinchcndon,  William  Wliitney, 
Gardner,  Jonathan  Osgood, 
Templet  on,  Leonard  Stone, 
Poyalston,  Isaac  Gregory, 
Petersiiam,  Nath.  Chandler, 
Athol,  James  Humphreys, 
Gerry,  Ithamar  Ward,' 
Dana, 

BERKSHIRE. 

Sheffield  h.  Aft,  I  ^   ..  „ 

JVashington,     \  ^-  ^^^^ogg*' 
New.Mltrlboro\  Z.  Wlieeler, 
Sandisficld  &  ?  ,  ,      ^.  , 
Southfield,      5  *'^^"  Picket, 
Loudon, 


j^ethleheniy 

7  y  ring  ham,  Joseph  Wilson, 
G.  Barring to?iy  D.  Wainwright, 
Egremoiity  James  Baldwin, 
Alforcl, 

Stockbridge^  Asa  Bemcnt, 
TFest-  Stockbridge,  S.  Barstow, 
JLeCy  Jared  Bradley, 
Becket,  George  Conant, 
Washington^ 

JLenox^  Oliver  Belden,  jun. 
liichmond^  Zachariah  Pierson, 
Fittsfiddy  Joshua  Danforth, 
Simeon  Griswold, 
Dalton^  John  Chamberlain,  jun^ 
Hinsdale,  Theodore  Hinsdale, 
Fartridgejield,  Cyrus  Stowell, 
JVijukor,  Daniel  Chapman, 
Cheshire y  Jona.  Richai'dson, 
Lanesboro''  &     7     Samuel  H. 
Nexv- Hartford,  3      Wheeler, 
Hancock,  Rodmim  Hazard, 
IVilliamston,  William  Young, 

Ezekiel  Bacon, 
Adams,  Stephen  Jenekes, 
Savoy,  Joseph  Williams, 
Clarksburgh, 
Florida, 

NORFORK. 

Foxbury,  Joseph  Heath, 

William  Brewer, 
Elisha  Whitney, 
Ralph  Smitli, 
Brookline,  Stephen  Sharp, 
Dorchester,  Perez  Morton, 

Ezekiel  Tolman, 
Phin^as  Holden, 
Dedham,  Isaac  Bullard, 

Ebenezer  Fisher, 
John  Endicott, 
Needham,  Daniel  Ware, 
Med  field   7  t?   i      •      r>i 

Medway,  Jeremiah  Daniels, 
Milton,  David  Tucker, 


Qnincy,  Benjamin  Beale, 
Braintree,  Robert  Hayden, 
fVeymouth,  Samuel  Bajlcy, 

James  Torrey, 
Cohasset,  Thomas  Lothrop, 
Fandolph,  Thomas  French, 
Cajiton,  Joseph  Bemis, 
Stonghton,  Lemuel  Gay, 
Sharon,  Jonathan  Billings, 
JFalpole,  Asa  Kingsbury, 
Foxborough, 
TFrentham,  Samuel  Dav, 

Benjamin  Shepard, 
Franklin,  Peletiah  Fisher, 
Bellingham,  Daniel  Thurber, 

YORK. 

York,  Alexander  M'Intirc, 
Kittery,  Mark  Adams, 

Nathaniel  Staples, 
William  T.  Gerrish, 
JVells,  John  Storer, 
Arundel,  Elijihalet  Perkins, 
Biddeford,  Ichabod  Fairfield, 
Berwick,  Richard  F.  Cutts, 
Joseph  Prime, 
William  Hobbs, 
Nathaniel  Nasson, 
Lebanon,  David  Legro, 
Sandford  7  Thomas  Keeler, 
&  Alfred,  3  Nath.  Conant,  jun, 
Jjyman,  John  Low, 
FhilUpsburgh,  John  Smith, 
Waterborough, 
Shapleigh,  John  Leis^hton, 

Josiah  P.  \Voodbury, 

Newfeld, 

Farsonsfield,  David  Marston, 

Limerick, 

Limington,  James  Kettell, 

Co7-nish,  Jonali  Dunn, 

Buxton,  Samuel  Merrill,  jun, 

Nathan  Elden, 
Saco,  William  Moody, 
Ichabod  Jordan, 


CUMBERLAND. 

Portland,  Joseph  Titcomb, 
George  Bradbury, 
Matthew  Cobb, 
William  Jenks, 
Joseph  H,  Ingraham, 
Falmouth^  John  Waite, 
James  Means  j 
Josiuh  Hobbs, 
George  Ilsley-, 
Scarborough,  Benj.  Larrabee, 
George  Hight, 
Cape  Elizabeth,  Wm.  Gregg, 
Gorliam,  Lothrop  Lewis, 
Standish,  Edmund  Mussey, 
Windham,  Josiah  Chute, 
Gray,  Joseph  M'Lellan, 
NorthYarmouth,  A.  R.  Mitchell 
David  Prince, 
Jacob  Mitchell, 
Freeport,  Nathan  Wesson, 
Harpsivell,  Benj.  Duning, 
Brunswick,  Robert  Given, . 
Durham,  Christopher  Tracy, 
JVew  Gloucester,  Isaac  Parsons, 
Joseph  E.  Foxcroft, 
Pe gyp  scot, 

Poland^  Thomas  Barnes, 
Minot, 
Raymond, 
Baldwin, 
Bridgetotun, 
Harrison, 
Otisjield, 

LINCOLN. 

JFiscasset,  David  Payson, 
Woolwich,  Abner  Wade, 
Dresden,  Samuel  T.  Goodwin, 
New-Milford,  Moses  Carleton, 
Boothbay, 

Edgecombe,  Wm.  Patterson, 
JVezv- Castle,  David  Murray, 
Bristol,  John  Johnson. 
Simon  Elliot, 

2 


Nobleborough,  James  Perkins, 
Waldoborough,  Joshua  Head. 

Joseph  Ludwig. 
dishing, 

St.  George,  Ebenezer  Otis. 
Thomaston,  Isaac  Bernard. 

Mason  Wheaton. 
Warren,  Samuel  Thatcher. 
Camden,  Samuel  Brown, 
Hope, 
Union, 
Palermo, 

Georgetown,  Mark  L.  Hill, 
Bath,  William  King. 
Peleg  Talman. 
Topsham,  Benj.  Hasey. 
Bowdoin,  James  Rogers. 
Bowdoinham,  Elihu  Getchel. 
Litchfield,  John  Neal. 
Lisbon,  Luke  Lambert. 
Lewis  ton,  John  Herrick, 

KENNEBECK. 

Augusta,  Joshua  Gage. 
Hallowell,  Samuel  Moody. 

John  Scwall. 
Gardiner,  Bai^zillai  Gannett. 
Monmouth,  Simon  Dearborn,  jr. 
Greene,  Luther  Robbins. 
Leeds,  Seth  Howard. 
Winthrop,  Nath.  Fairbanks. 
Beadfield,  Peter  Norton. 
Wayne, 

Fayette,  Solomon  Bates. 
Mount  Vernon,  John  Hovey, 
Belgrade,  Moses  Carr. 
Sydney, 

Waterville,  EInathan  Sherwin, 
Fairfield, 
Rome 
Vienna, 
Nevj-  Sharon. 
Chesterville, 

Pittston,  Jedediah  Jewett, 
Vasi>alborough,  S.  Reddington. 


Harlem^ 

JFiiisIoWy  Chai-les  Hay  den, 

Fairfax^ 

Umty^ 

Clinton^  Asher  Hinds, 

Canaan,  Bryce  M'Lellanj 

Norridgcivo  c/r, 

Madison, 

Cornvilley 

Athens, 

Harmony, 

FarmingtQn,  Moses  Chandler, 

Industry, 

Mercer, 

Stai'ks, 

Anson, 

New-Vineyard, 

Strong, 

Embden, 

Avon, 

Templcy 

Wilton, 

HANCOCK. 

Castine,  Otis  Little, 

Penobscot, 

Orland, 

Buckstown,  Caleb  B.  Hali, 

Orrington,  Francis  Carr, 

Sedgivick, 

Blue-HiU, 

Surry, 

Ellsxuorth, 

Trent on ^ 

Sullivan, 

Gouldsboi'ough, 

Eden, 

Mount  Desert,  Wm.  Headi, 

Deer-Isle, 

Vinalhaven^  Wm.  V^inall, 


Isleshorough, 

Belfast,  John  Wilson^ 

Northport, 

Lincolnville ,  Philip  Ulmer, 

Prospect,  Henry  Black, 

Frankfort,  Abner  Bicknell, 

Hampden,  Martin  Kinsley, 

Bangor,  Horatio  G.  Balch, 

Orono, 

OXFORD. 

Paris,  Elias  Stowcll, 
Hebron,  Wm.  C.  Whitney, 
Buckjield, 

'  Turner,  John  Turner, 
Livermore,  Simeon  Waters, 
Hartford, 
Sumner, 

Konvay,  Luther  Farrar, 
Fryeburgh,  John  M'Millan 
B?-0W7ifield, 
Lovell, 

TFaterford,  Eber  Rice, 
Albany, 

Bethel,  Eliphaz  Chapman, 
Jay, 

Dixfield, 
Rumford, 
Gilead, 
Neivry, 
East-Andover, 

WASHIXGTON. 

MacJiias, 

Addison, 

Columbia, 

Harri7:gton, 

Steuben, 

Eastporf, 


a0^e©0<^^e©(>i;^<i<: 


OF  THE   GENERAL   COURT 

OF 

MA  SSACHUSET  TS, 

MASSED      AT  ^THE      SESSION    BEGUJST      AND    HELD    AT    BOSTOH^ 

©N    WEDNESDAY,     THE     TWENTY-EIGHTH    DAY    CF    MAY, 

ANNO     DOMINI,     18C5. 

GOVERNOR'S   SPEECH. 

'  STATE  HOUSE,  TUESDAY,  JUNE  17. 
At    12    o'clock^    the    Senators    attended  in    the  Representatives 

Chamber  agreeably  to  as^sigmnenty  His  Excellency^  the  Gover- 
.     7wr,  entered,  attended  by  the  Honorable  Council,  and  the  Shcrijf 

of  Siiffolk  ;  -when  His  Excellency  delivered  iJieJolloxving 

SPEECH : 

Gentlemen   of    the  Senate,  and 

Gentlemen  of  the  House  of  REPREiiENTATivEs, 

The  Constitution  niakes  it  necessaiy  lor  the  Legislative  Body 
to  assemble  on  the  last  Wednesday  of  *May,  that  the  two  Houses 
may  judge  of  the  election  of  their  own  Members,  appoint  their 
officers,  and  determine  their  rules  of  proceeding ;  and  in  case  the 
full  number  of  Senators  is  not  elected  by  a  majority  of  ail  the 
votes  returned,  to  supply  the  deficiency  ;  and  to  make  choice  of 
a  Council  to  advise  m  the  Executive  part  of  Government.  Hav- 
ing performed  these  several  duties,  you  M-ili  proceed  to  make  and 
establish  such  reasonable  La^'s  as  you  shall  judge  expedient  for 
the  good  and  welfare  of  the  Commonvvealth ;  and  the  necessary 
support  and  defence  of  the  government.      But  it  has  been  found 

inconvenient. 


2  THE  GOVERNOR'S  SPEECH. 

inconvenient  for  the  Members  of  the  General  Court  to  be  long 
employed  in  the  public  service  at  this  season  ut  the  year,  and 
therefore  they  have  ususaUy  postponed  to  the  winter  session  such 
business  as  did  not  require  their  immediate  notice.  • 

The  Secretiuy  \\  ill  deliver  you  a  communication,  which  I  have 
received  from  the  Governor  of  Maryland  relative  to  an  Amend- 
ment of  the  Federal  Constitution  ;  and  also  a  letter  from  Wil- 
liam Eaton,  Esq.  expressing  his  acknowledgments  to  the 
Legislature  of  this  SUite  for  the  testimonial  which  they  presented 
him  at  the  last  session,  of  their  approbation  of  his  services. 

He  will  also  deliver  to  you  a  letter  from  the  Superintendent  of 
the  State  Prison,  representing,  that  a  sea  wall  ^^■ill  be  necessary'  to 
prevent  the  earth  which  is  taken  from  the  prison  yards  from 
being  wajhed  away,  and  proposing  some  regulations  for  the  secu- 
rity of  the  prison,  which  cannot  be  adopted  without  the  sanction 
of  Legislative  autliority. 

The  Treasurer  has  ti-ansmitted  to  me  a  state  of  the  Treasury 
on  the  first  diy  of  this  month,  with  a  request  that  I  would  com- 
municate the  same  to  the  General  Court. 

Permit  m.e  aLo  to  recommend  to  your  consideration  the  con- 
tents  of  a  letter  addressed  to  nu;  by  Theophilus  Parsons,  Esq. 
Chief  Justice  of  the  Supreme  Judicial  Court,  relating  to  the  com- 
pensation allowed  to  the  J.i^ticcs  of  that  Court,  and  particulai'ly 
to  the  grants  made  by  the  Legislature  in  part  of  it,  which  are  not 
permanent. 

By  a  Message  to  the  General  Court  of  the  6th  of  June,  1804, 
they  were  informed,  that  I  should  readily  acquiesce  in  such  Re- 
solution for  disposing  of  the  Province-House,  as  they  might  think 
proper  to  adopt.  But  I  have  not  heard  that  any  measures  ^\•ere 
afterwards  taken  by  the  two  Houses  on  that  subject.  The  family 
who  had  li^'ed  in  the  house  for  several  yeai's,  and  ^ith  w hom  I  re- 
sided when  in  to^vn,  have  left  it  smce  the  last  session,  and  it  re- 
mains unoccupied. 

I  have  received  a  letter  from  Charles  Turner,  jun.  Esq.  who 
was  appointed  by  the  agents  of  the  Commonv.ealth,  and  of  the 
Plymouth  company,  in  pursuance  of  a  Resolve  of  the  27th  of  last 
February,  to  perform  the  duties  which  had  been  assigned  to 
Lothrop  Lewis,  Esq.  by  a  Resolve  of  the  15th  of  February,  1804, 
stating,  that  in  March  last,  he  attempted  to  run  the  boundary  line 
of  the  Plvmouth  Company's  land  on  the  river  Kennebec,  as  far 
as  the  land  of  the  Com'mon wealth,  and  that  he  met  A\-ith  such  op- 
position from  the  people  in  that  vicinity,  as  induced  him  to  desist, 
before  the  business  was  accomplished.'  This  letter  will  also  be 
aid  before  vou. 


THE  GOVERNOR'S  SPEECH.  i 

The  Treasurer  informs  me,  that  tlie  Directors  of  several  of  the 
incorporated  Banks  in  this  State,  neglected  last  yciu'  to  have  the 
weights  used  in  their  respective  Banks,  compared,  proved  and 
sealed  by  the  Treasurer,  or  by  a  person  specially  authorised  by 
him,  in  the  manner  required  by  the  additional  act  lor  the  due  regu- 
lation of  weights  and  measures,  passed  on  the  9th  of  March, 
1.804.  If  those  requisitions  are  unnecessarily  burdensome,  you 
will  doubtless  amend  the  act ;  but  if  they  are  useful  and  impor- 
tant,  you  will  probably  take  measures  for  carrying  it  into  full 
execution. 

In  a  letter  directed  to  me  by  the  Inspector  of  Beef  and  Pork, 
he  suggests,  that  the  Inspection  Laws  of  this  State  are  very  im- 
perfect ;  and  that  some  of  the  additional  acts  which  have  been 
made  to  regulate  the  system,  have  tended  rather  to  perplex  and 
embarrass,  than  to  improve  and  explain  it.  This  subject,  I  pre- 
sume, will  receive  from  you  that  degree  of  attention  which  is  due 
to  its  importance. 

In  free  states,  where  the  mind  is  neither  subdued  by  force  nor 
awed  by  terror,  even  the  appearance  of  unanimity  is  not  to  be 
expected.  But  whatever  differences  of  opinion  may  prevail 
among  our  fellow-citizens,  we,  as  agents  of  the  Commonwealth, 
have  one  and  the  same  interest  to  pursue,  and  are  bound  by  the 
most  solemn  obligation  to  pursue  it  invariably.  Our  constituents 
have  a  right  to  expect  our  warmest  zeal,  not  for  the  success  of  a 
party,  but  for  the  public  good.  You,  gentlemen,  I  trust  will  have 
this  object  constantly  in  view,  and  instead  of  consulting  private 
interest,  or  gratifying  partiality  or  resentment,  will  be  ready  to 
a^:^e  in  all  cases  where  the  general  welfare  of  the  state  is  con- 
cerned. Such  an  example  in  the  Legislature  will  have  the  hap- 
piest tendency  in  every  part  of  the  Commonwealth  to  abate  the 
fervor  of  political  dissentions,  and  prevent  or  repress  those  inter- 
nal feuds,  which  if  long  continued,  admit  of  no  reconciliation — 
and  v/hich  in  other  countries  have  proved  fatal  to  almost  every 
free  government. 

CALEB  STRONG, 

/une  17  tk  180Q, 


ANSJFER  OF  THE  SENATE. 

May  it  please  your  Excellency. 

1  HE  Senate  have  received  the  Address  which  your  Excellen- 
cy has  been  pleased  to  make  to  both  Branches  of  the  Lcp;islature, 
with  that  respect  and  consideration  which  is  due  to  the  First 
Magistrate  of  a  free  people. 

Having  organized  the  Government,  according  to  the  Constitu- 
tion, Ave  believe  it  will  not  be  expected  by  our  Constituents  that 
we  should  continue  longer  in  sesi^ion,  than  may  be  found  necessa- 
r}'  to  complete  such  La^vs  as  their  immediate  welfare  shall  require. 

In  a  State,  like  our  own,  where  free  discussions  of  public 
measures  are  cherished  by  the  Constitution,  perfect  unanimity  is 
not  to  be  expected  ;  but  if  such  discussions  ha\e  at  any  time  been 
directed  by  party  zeal,  or  selfish  motives,  we  have  the  satisfaction 
to  bclie\e,  that  even  these  have  tended  to  prove  the  correctness  of 
its  principles.  « 

While  we  agi"ee  with  your  Excellency,  that  "whatever  differ- 
ences of  opinion  may  nrevail  among  our  fellow-citizens,  we,  as 
agents  of  the  Commonwealth,  \\<x\q  one  and  the  same  interest  to 
pursue,"  we  cannot  for  a  moment  relinquish  the  fond  hope,  that 
no  consideratioris  of  party  politics  will  swerve  the  Legislature  of 
Massachusetts  from  that  path  A\hich  leads  to  the  perpetuation  of 
our  Constitution  and  the  confidence  of  our  fellow-citizens. 

The  st^■eral  subjects  mentioned  in  your  Excellency's  commu- 
nication, shall  receive  our  particular  attention,  and  "\ve  shall  cheer- 
fully  co-operiile  in  affording  that  dispatch  to  the  business  of  the 
session  which  the  public  good  requires. 

ANSJVER  OF  THE  HOUSE  OF  REPRESENTATIVES. 

May  it  please  your  Excellency. 

1  HE  House  of  Representati\es  have  receiAcd  with  pleasure, 
the  communications  of  your  Excellency,  and  \\\\\  give  them  a 
prompt  and  deliberate  consideration.  The  present  session  has 
been  hitlicrto  chiefly  devoted  to  the  organization  of  the  Go^•ern- 
ment,  and  this  being  accomplished,  it  seems  inexpedient  to  piK)- 
long  it,  unless  the  pressure  of  the  public  service  requires.  In  the 
exercise  of  the  constitutional  power  of  the  two  branches  of  the 
Legislature,  respecting  the  returns  and  election  of  a  Chief  Magis- 
trate, various  questions  of  great  importance  have  aiisen,  and  oc- 


ANSWER  OF  THE  HOUSE  of  REPRESENTATIVES.  5 

casioned  much  deliberation,  in  order  that  such  decisions  might 
be  made  to  comport  with  the  ti-ue  principle  of  our  government 
and  the  permanent  interests  of  the  people. 

Differences  of  political  opinion  unavoidably  flow  from  the  free 
exercise  of  the  understanding,  and  are  intimately  connected  with 
the  nature  of  Republican  institutions.  When  confined  within  the 
boundary  of  reason  they  may  be  considered  as  salutary,  by 
awakening  a  spirit  of  inquiry,  and  diffusing  a  sentiment  of  tolera- 
tion. But  the  interest  and  tranquility  of  every  government  re- 
quire, on  the  part  of  the  people,  a  respectful  attention  to  the  con- 
stituted authorities,  which  shall  resist  the  imputation  of  improper 
motives  of  conduct,  and  on  the  part  of  those  authorities  an  elevated 
ambition  for  the  public  good,  which  shall  bury  party  animosities 
and  private  resentments.  By  a  fliithful  discharge  of  the  duties 
prescribed  by  the  constitution,  by  an  endeavor  to  promote  har- 
mony in  the  moment  of  political  dissentions,  and  by  a  sincere  de- 
termination to  act  for  the  public  welfare,  we  hope  to  merit  the 
confidence  and  promote  the  felicity  of  our  fellow-citizens. 

Blest,  as  we  ai-c,  witn  a  constitution,  formed  upon  the  princi- 
ples of  political  wisdom,  and  with  a  national  administration,  Nvhose 
measures  are  directed  to  the  honor  and  prosperity  of  our  country, 
we  cannot  fail  to  enjoy  the  benefits  of  liberty,  if  we  are  not  insen- 
sible of  our  duties,  or  careless  of  our  privileges.  Removed  from 
the  contentions  and  miseries  of  foreign  nations,  may  we  support 
the  dignity  of  freemen  by  a  generous  confidence  in  our  rulers, 
^nd  by  an  exalted  sense  of  national  character. 


RESOLVES 


I. 

Hesohe  for  appointing  additional  Notaries  for  Barnstable  county. 

June  16,  180G. 

Besokcd  that  two  additional  public  Notaries  be  appointed  for 
the  county  of  Barnstable,  one  to  reside  in  the  town  of  Yarmouth^ 
and  one  in  the  town  of  Harwich. 

II. 

Mcsolve  on  Petition  of  Isaac  and  Mary  Mills.      June  16,  180Q. 

ON  the  petition  of  Isaac  Mills,  and  Marj^  his  a\  ife  a  minor, 
setting  forth  that  the  said  Mary  is  seized  ind  possessed  of  certain 
real  estate  in  the  town  of  Becket,  in  the  county  of  Berkshire,  and 
praying  that  the  said  Isaac  and  Mary  may  be  authorized  to  sell 
the  said  real  estate  ;  and  the  Judge  of  Probate  for  the  said  county 
having  certified  the  facts  stated  in  their  petition,  and  that  it 
•would  be  to  the  advantage  of  tlie  sqid  Mary  that  the  said  land 
should  be  sold. 

Resolved  J  for  the  reasons  stated  in  said  petition,  tliat  tlie  said 
Isaac  Mills  and  Mary  his  wife,  be  and  they  are  hereby  authorized 
to  execute  a  Deed  or  Deeds  of  conveyance  of  the  said  real  estate, 
her  minority  not\\ithstanding  ;  and  that  said  Deed  or  Deeds  by 
the  said  Isaac  and  Mary,  executed  in  due  form  of  law,  pursuant 
to  this  Resolve,  shall  have  tlie  same  force  and  effect,  as  though 
the  said  Mary,  at  the  time  of  the  execution  tliereof  were  of  full  age, 

III. 

Resolve  for  pay  of  the  Council^  Senate  and  House  of  Representa- 
tives.    June  18,  1806. 

Resolved,  that  there  be  allowed  and  paid  out  of  the  Treasury 
of  this  Common wealtli  to  each  of  the  members  of  the  Council, 
Senate  and  House  of  Representatives,  two  dollars  per  day  for 
each  day's  attendance  the  present  session,  and  the  like  sum  for 
every  ten  mile's  travel,  from  their  rcspecti^■e  places  of  abode  to 
the  place  of  the  setting  of  the  General  Court :  and  be  it  further 
resolved,  that  there  be  paid  to  the  President  of  the  Senate  and 
Speaker  of  the  House  of  Representatives,  each  two  dollars  per 
day  for  each  and  every  day's  attendance  over  and  above  their  par 
as  Members. 


RESOLVED,  June  1806.  ^ 

IV. 

Mesolve  on  Petition  0/ Stephen  Torrey,  directing  the  Treasurer 
to  deliver  a  certain  original  Order.     June  18,  1806. 

On  petition  of  Stephen  Torrey  pniying  that  the  Treasurer  of 
the  Commonwealth  may  be  authorized  to  deUver  a  certain  orig- 
inal Order. 

Resolved,  for  the  reasons  set  forth  in  said  petition  that  the 
Treasurer  of  the  Commonwealth  be,  and  he  hereby  is  authorized 
and  empo\vered  to  annex  the  original  order  in  said  petition  men- 
tioned, to  his  deposition  ;  and  to  deliver  the  same  to  the  said 
Stephen  Torrey  or  his  agent,  taking  a  written  engagement  from 
said  Torrey,  or  his  agent,  to  return  the  said  order  into  the 
Treasurer's  office  as  soon  as  the  same  can  be  returned,  after  hav- 
ing been  used  for  the  purpose  in  said  petition  expressed. 

V. 

Resolve  on  the  Petition  of  Comstock  Betts  and  Linus  Hall,  au- 
thorizing txuo  Justices  to  grant  them  licences  to  retail  liquors, 
June  18,  1806. 

On  the  petition  of  Comstock  Betts  and  Linus  Hall,  both  of 
Richmond  in  the  county  of  Berkshire, 

Resolved,  for  the  reasons  set  forth  in  the  said  petition,  that  any 
two  Justices  of  the  Peace  for  the  county  of  Berkshire,  quorum, 
unus,  are  hereby  authorized,  to  grant  licence  to  the  said  Com- 
stock Betts  and  Linus  Hall,  or  either  of  them,  as  retailers  of 
spirituous  liquors,  within  the  said  toun  of  Richmond,  until  the 
next  Court  of  General  Sessions  of  the  Peace  for  the  county  of 
Berkshire,  the  said  Comstock  Betts  and  Linus  Hall,  complying 
with  the  requisitions  of  the  Law  of  this  Commonwealth  for  reg- 
ulating licences. 

IV. 

Resolve  confirming  the  records  and  doings  of  the  Town  Clerk  of 
Vienna.     June  18,  1806. 

On  the  petition  of  Joshua  Mooi'e,  Robert  Cofrcn,  and  Benja- 
min Porter,  selectmen  of  the  town  of  Vienna,  in  the  county  of 
Kennebec,  representing  that  for  the  present  year,  and  for  several 
years  past,  the  Clerk  of  said  town  has  not  been  amiually  sworn, 
upon  his  re-election  into  office,  as  the  law  directs ;  and  requestinc;- 
that  this  neglect  may  not  be  injurious  to  the  proceedings  of  said 
town  of  Vienna  ; 

.  Rcsolvedi,  that  the  past  records  and  doings  of  the  Town  Clerk 
of  said  town  of  Vienna,  be,  and  hereby  are  confirmed,  and  made 
as  good  and  valid  in  law  as  they  would  have  been  if  said  Town 

Clerk 


8  RESOLVES,  June  1806. 

Clerk  liad  been  annually  sworn  as  the  law  directs,  upon  his  re- 
election into  office ;  Provided,  that  said  Town  Clerk  shall,  within 
three  months  from  the  passing  of  this  resoh^e,  make  oath  before 
a  Justice  of  the  Peace  for  the  county  of  Kennebec  that  he  has, 
during  all  the  time  of  his  serving  in  said  office  of  Town  Clerk, 
performed  his  duty  therein,  with,  fidelity  according  to  his  best 
judgment,  as  the  law  directs,  and  that  a  certificate  of  said  oath 
shall  be,  within  the  time  aforesaid,  recorded  with  the  records  of 
said  town. 

VII. 

Resolve  on  the  Petition  of  Archippus  Morgan  and  others  fur 
7'aising  a  company  of  cavalry  in  second  Regiment^  first  Brig- 
ade, Aith  division.     June  18,  1806. 

On  the  petition  of  Archippus  Morgan  and  others  praying  for 
liberty  to  raise  by  voluntary  enlistment  a  compiuiy  of  ca^■alry 
■within  the  second  regiment,  first  brigade  and  fourth  division  of 
the  militia  of  this  Conimom\'ealth. 

Resolved,  that  his  Exccllciicy  the  Governor,  with  the  adA"ice 
and  consent  of  Council,  be,  and  he  is  hereby  authorized  and 
empowered  to  raise  by  voluntary  enlistment  a  company  of  eavaliy 
within  said  second  regiment,  first  brigade,  and  fourth  division 
of  the  militia  of  this  Common^\"ealth  ;  provided  the  standing  com- 
panies in  said  regiment,  are  not  thereby  reduced  belo\v  the  num- 
ber prescribed  by  law — said  company  when  raised  to  be  attached 
to  the  batallion  of  cavalry  in  said  first  brigade  and  fourth  di\  ision, 
and  subject  to  all  such  rules  and  regulations,  as  are,  or  may  be 
provided  by  la^v,  for  governing  the  militia  of  this  commonwealth. 

VIII. 

Resolve  granting  a  tax  to  the  county  of  Plymouth.      June   18, 

1806. 

WHEREAS  the  Treasurer  of  the  county  of  Plymouth,  has 
laid  his  accounts  before  the  General  Court  in  manner  prescribed 
by  law,  which  accounts  are  hereby  allowed  ;  and  die  clerk  of  the 
Court  of  General  Sessions  of  the  peace  for  said  county  of  Ply- 
mouth, having  laid  before  the  General  Court  an  estimate,  made 
by  the  said  Court  of  General  Sessions  of  the  peace,  for  the  said 
county,  of  the  debts  due  from,  and  the  necessary  charges  likely 
to  arise  within  the  said  county  the  present  )-ear,  amounting  to 
eighteen  hundred  dollars. 

Resolved,  That  the  sum  of  eighteen  hundred  dollars,  be,  and 
hereby  is  granted  as  a  tax  for  said  county  of  Plymouth,  to  be  ap- 
portioned, nssessed,  collected  and  applied  for  the  purposes  afore- 
said, in  manner  as  the  law"  directs. 


RESOLVES,  June  180fi,  9 

IX. 

Uesolve  on  the  Petition  o/'Thaddeus  Thompson.    June  18,  1806. 

On  the  petition  of  Thaddeus  Thompson  ;  stating  that  Jona- 
than Smith  and  Nathaniel  Kingsley,  Esqrs.  agents  of  the  Com- 
monweuldi,  for  the  purpose  of  making  sale  of  confiscated  estates 
in  the  county  of  Berkshire,  in  their  said  capacity  of  agents,  as 
aforesaid,  for  a  valuable  consideration,  conveyed  to  him,  the  said 
Thaddeus,  in  fee  simple,  with  the  usual  covenants  of  Vv^arranty, 
a  certain  tract  of  land  lying  in  Lenox  in  said  county  of  Berkshire, 
containing  fifty  acres,  more  Or  less,  particularly  described  in  the 
said  deed  of  said  Jonathan  and  Nathaniel,  to  said  Thaddeus,  as 
an  estate  by  law  confiscated  in  said  county  of  Berkshire  ;  and 
that  Mary  Dickinson,  widow  of  the  late  Elizur  Dickinson  of 
Stockbridge  in  said  county,  has  commenced  her  action,  to  recover 
her  dower  in  the  pi^emises,  claiming  the  same  by  virtue  of  the 
seisin  of  the  said  Elizur  in  his  life  time  during  her  coverture  of 
said  JElizur  ;  and  that  she  is  legally  entitled  thereto. 

Resolved,  the  facts  above  stated  appearing  to  be  true,  that 
William  Walker  of  Lenodc  aforesaid,  Esquire,  be  authorized  to 
settle  the  claim  of  said  Mary,  aforesaid,  and  procure  an  acquit- 
ance  of  her  right  in  the  premises,  to  said  Thaddeus  Thompson 
on  such  terms,  as  to  him  the  said  William,  shall  seem  just  and 
right  ;  and  make  report  of  his  doing  thereon,  at  the  next  session 
of  the  Lec-islature. 

X. 

Resolve  granting  three  hundred  and  fifty  dollars  to  Jacob  Kuhn 
in  addition  to  his  pay  as  Messenger  of  the  General  Court. 
June  19,  1806. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  public 
Treasury  to  Jacob  Kuhn,  three  hundred  and  fifty  dollars,  for  the 
present  year,  commencing  the  thirtieth  day  of  May  last,  to  be 
in  addition  to  the  sum  of  four  hundred  dollars  allowed  him  by  a 
resolve  of  Mareh  the  twenty  sixth,  1793,  establishing  the  pay  of 
the  messenger  of  the  General  Court,  and  also  the  further  sum  of 
fifty  dollars,  in  consideration  of  his  present  sickness. 

XL 

Resolve  on  the  Petition  of  Nathaniel  Ely,  Esquire,  and  others^ 
granting  eight  hundred  dollars  for  support,  &c.  of  two  Indian 
hoys.     June  19,  1806, 

On  the  petition  of  Nathaniel  Ely,  Esquire  and  others,  praying 

for  the  aid  of  the  Legislature,    iu  the  support  and  education  of 

two  Indian  boys,   from   Canada,  descendants   of  the  late  Rev. 

B  .  Jolin 


10  RESOLVES,  June  18G6. 

John  Williams,  formerly  ir.i'ilster  of  Decrjield ;  and  that  they 
may  ht  reimbursed  the  sums  already  expended  in  their  support 
and  education. 

Jiew/vedy  That  there  be  allovied  and  paid  out  of  the  Treasury 
of  this  Commonwealth,  to  haid  Nathaniel  Ely,  for  the  purposes 
aforesaid,  the  sum  of  eir^ht  Ivmdred  dollars  ;  A\'hich  sum,  in  ad- 
dition to  the  sum  of  three  hundred  dollars  granted  to  said  Na- 
tliitriiel,  by  a  resolve  of  the  General  Court,  on  the  fourth  day  of 
June  in  the  year  of  our  Lord  eighteen  hundred  and  four,  is  to  be 
in  full  for  supporting,  cloiithiug,  and  educating  said  Indian  boys, 
and  all  expenees  relating  thereto,  up  to  tlie  first  day  of  June  cur- 
rent. 

xn. 

Resolve  for  printing    the    larvs,    &.c.    o/'   this    Comrnonivealth. 

June  19,  180G. 

Resolved^  That  the  honorable  John  Davis  and  Joseph  Stoiy 
Esquires  be  a  committee  on  behalf  of  this  Commonvieaith  to  con- 
tract with  some  person  or  persons  for  printing  for  the  use  of  the 
Commonwealth,  i\\elve  hundred  copies  of  the  public  acts,  and 
such  private  acts  of  this  Commonweath,  as  they  may  deem  proper 
not  already  published  in  the  late  edition  of  private  acts  passed 
since  the  iiileenth  day  of  November^  in  the  j-ear  of  our  Lord  oPiC 
thousand  eight  hundred,  and  before  the  fourteenth  day  oi  June  in 
the  year  of  our  Lord  one  thousand  eight  hundred  and  five  ;  and 
also  all  such  Resolves  of  the  several  provinci.il  Congresses  of  the 
late  colony  of  the  Massachusetts  Bay,  as  are  of  a  gencnil  nature, 
and  which  are  declared  to  have  the  force  of  la\\s  by  an  act  of  the 
Great  and  General  Court  or  Assembly  of  the  Colony  of  Massa- 
chusetts Bay^  in  Kexu- England^  hoi  den  at  Waterto~iVn^  on  the 
nineteenth  day  of  July^  one  thousand  seven  hundred  and  se\-ent}-- 
fn-L^  the  Records  of  which  remain  in  the  Secretary's  office ;  and 
also,  that  the  committee  afoi'esaid  be  authorized  in  like  manner 
to  contract  for  the  printing  of  tv.eive  hup.dred  copies  of  so  much 
of  the  Records  of  the  General  Court,  or  Governor^  and  Company 
of  the  Colony  of  Ala s^^acliu setts  Bay^  as  relate  to  the  histor}*, 
settlement,  laws,  and  jurisprudcriCe  of  tl:e  Country,  for  tlie 
Common^\-ealth  aforesaid,  Ashich  part  of  said  Records  the  Sec- 
retary of  the  Commonwealth  \\as  directed,  by  a  Resohc  passed 
the  eleventh  day  of  March  last  to  transcribe  into  one  volume. 

Resolved^'i^Q^  that  said  committee  be  authorized  in  like  man- 
ner to  transcribe  or  cause  to  be  ti'anscribed,  from  the  records  and 
transactions  of  the  Governor  and  assistants  of  the  old  colony  of 
Flynwuth^  such  part  as  they  may  deem  proper,  and  relaii\e  to  tb' 
history >  settlement,  laAvs,  and  jurisprudence  of  said  colony,,  to  he 

printed 


UESOLVr.S,  June  1806.  II 

printed  as  aforesaid,  and  tliat  the  aforesaid  acts,  and  records  be 
printed  and  bound  in  a  volume,  or  volumes  which  shall  confonn 
in  size  with  those  pii'olishcd  pursuant  to  a  resolve  of  the  General 
Court,  passed  the  t^vent3--eiJ.^hdlday  of  February,  one  thousand 
seven  hundred  and  ninet}^  nine,  with  proper  indexes  and  marginal 
references. 

Aiid  be  it  furtiier  resolved^  tliat  the  second  section  of  the  re- 
solve which  passed  the  eleventh  of  March,  eighteen  hundred  and 
five  directing  tlie  publication  of  a  third  ^v  olunie  of  the  G^ieral 
Laws,  be  and  hereby  is  repealed. 

XII. 

Resolve  on  the  Fcthion  af  Ammi  R.  Mitchell.     June  19,    1806. 

Whereas  Ammi  R.  Mitchell  of  A^orth  Yarmouth,  in  the  count}' 
of  Cumberland,  I'^^q.  has  set  ibrtn  in  his  petidon,  that  he  vras 
duly  appointed  Guardian  to  one  Thomas  Chandler  Russell,  a 
distiTiCted  person,  now  deceased,  and  that  in  the  said  Russell's 
life  time  he  obtained  licence  from  the  Supreme  Judicial  Court 
of  said  Commomvealth  to  sell  and  pass  Deeds  of  so  much  of 
said  Russell's  real  estate  as  would  amount  to  the  sum  of  three 
hundred  dollars  for  the  payment  of  his  just  debts  and  charges  of 
sale — and  that  in  pursuance  of  said  licence,  after  taking  the  oath 
and  giving  notice  as  the  law  directs  he  sold  at  public  auction  the 
following  pieces  of  real  estate  :  viz.  One  quarter  of  an  acre  of 
land  situate  in  said  North  Yarmouth,  four  rods  in  front,  and  ten 
rods  back  contiguous  to  land  of  Amasa  Baker,  to  one  Joel  Havxn 
of  the  same  North  Yarmouth  blacksmith. 

Also  one  other  quarter  of  an  acre,  four  rods  in  front  and  ten 
rods  back  being  the  same  on  which  stand  Buildings  beionginp-to 
the  late  John  Russell  deceased,  to  one  Jeremiah  Siubbs  oi  the 
same  jYoj-th  Yarmouth,  Yeoman. 

That  after  the  said  sale  and  before  the  deeds  were  passed,  the 
said  Thomas  Chandler  Russell  died  :   Therefore, 

Resolved,  That  the  said  Ammi  R.  Mitchell,  upon  receipts  of 
the  consideration  money,  be  and  he  hereby  is  authorized,  in  his 
said  capacity,  to  make,  execute  and  deliver  proper  and  si^iiicient 
deed  or  deeds  of  the  said  piecesof  land  to  said  purchasers,  ■which 
shall  be  as  valid  as  if  made  in  the  said  Thomas  Chandler  Rus- 
sell's life  time  :  The  said  Mitchell  to  be  accountable  on  his  bond 
already  given  to  the  Judge  of  Probate. 

Vill. 

Resolve  granting  a  Tax  to  the  county  o/'Eristol.     June  20,  18C6. 

Whereas  the  Treasurer  of  the  county  of  Bristol,  has  laid  his 
accounts  l^cfore  the  General  Court,  for  examination  and  allowance, 

which 


12  RESOLVES,  June  180G. 

which  accounts  have  been  examined  and  allowed ;  and  the  Clerk 
of  the  Court  of  General  Sessions  of  the  peace  for  said  County,  has 
exhibited  an  estimate  made  by  the  Justices  of  said  Court,  of  the 
necessary  charges  likely  to  arise  withiii  the  said  county,  the  year 
ensuing,  and  of  the  sums  necessary  to  discharge  the  debts  of  said 
coumy,  amounting  to  two  thousand  dollars  ;  Therefore, 

Resolved,  That  the  sum  of  two  thousand  doUai's  be,  and  the 
sarne  is  hereby  granted,  as  a  tax  for  the  said  County  of  Bristol., 
to  be  apportioned,  assessed,  paid,  collected,  and  applied  for  the 
purposes  aforesaid  accordmg  to  Law. 

XIII. 

Resolve  granting  eleven  liundred  ami  ninety  dollars  and  sixty 
Jour  cents  to  Stephen  Lyman,  in  full  judgment  of  Circuit  Court, 
on  a  bond  given  to  John  Murray,    a7i  absentee.         June  21, 
1806. 

On  the  petition  of  Stephen  Lymcn,  stating  that  he,  with  Jason 
Ed-ivai'd  and  Nathan  Wright  and  Edward  \Vright,  jun.  March 
1st,  1774,  by  their  bond  of  that  date,  became  bound  to  John 
Murray,  Escj,  then  of  Rutland,  in  the  sum  of  two  hundred  and 
eighty  pounds,  conditioned  for  the  payment  of  one  hundred  and 
forty  pounds,  and  interest ;  and  that  sj.ld  John  Murray  joined  him- 
self to  the  enemies  of  this  Commonwealth,  and  was  a  conspira- 
tor and  absentee,  and  that  said  John's  estate  was  declared  to  be 
forfeited  to  the  then  State  of  Ulassachusetfs,  and  that  aftcr\^•ards 
pursuant  to  a  lav/  of  said  State,  the  obligors  in  said  bond  paid  to 
Thomas  Ivers,  Esq.  treasurer  of  this  Commonv\ealth,  on  the 
thirteenth  day  of  December,  1785,  two  hundi  cd  and  thirty  eight 
pounds  fourteen  shillings,  in  full  of  the  principa.l  and  interest  due 
on  said  bond,  and  that  Daniel  Murra}',  Aclministrator  on  said 
John's  estate,  sued  the  said  Stephen  in  the  Circuit  Court  on  said 
bond,  and  that  he  ix^titioncd  the  General  Court  to  interfeie  and 
defend  said  suit,  and  said  Genei-al  Court  declined  to  inteifere 
therewith  ;  and  that  afterwards  at  die  Circuit  Court  holden  at 
Boston,  in  the  district  of  Massachusetts,  on  the  first  day  of  June 
instant,  judgment  was  rendered  on  said  bond,  after  a  full  defence 
on  his  part,  for  nine  hundred  and  tliirty-three  dollars,  thirty-three 
cents  debt  and  costs,  taxed  at  one  hundred  and  tivo  dollars  thirty- 
Que  cents,  and  that  he  has  expended  great  sums  in  defending  him- 
self against  said  suit  ;  and  the  same  statement  appearing  to  be 
true  : 

Resolved  therefore,  tliat  there  be  and  hereby  is,  granted  to  the 
said  Stephen  the  sum  of  one  thousand  and  thirty-fve  dollars  av-d 
sixty-four  cents,  in  full  of  said  judginent  on  the  bond  aforesaid, 
and  lUso  a  further  sum  of  one  hundred  andffty-five  dollars  for. 

costs 


RESOLVES,  June  1306.  13 

costs  by  said  Stephen  incurred  in  defending  himself  against  said 
suit,  and  that  his  Excellency  the  Governor  be  requested  to  draw 
his  warrant  on  the  treasurer  for  said  sums. 

XIV. 

Resolve  on  the  petition  o/'Hugh  Mc  Curley,  directing  the  Sheriff 
of  SiiWolk  to  discharge  hi?nj?'07n  prison.    June  21,  1806. 

On  the  petition  of  Hugh  Mc  Curley,  shewing  that  he  has  been 
confined  in  the  gaol  in  the  county  of  Suffolk  since  the  fifth  day 
of  ylpril  last,  by  vivtuc  of  two  executions  in  favor  of  the  Com- 
mon^vealth,  amounting  to  one  hundred  and  forty -four  dollars  and 
fifty -five  cents,  and  that  he  is  wholly  unable  to  pay  any  prt  of 
■  said  sum,  or  to  support  himself  in  prison,  and  it  appearing  by 
the  certificate  of  the  Gaol  keeper,  that  he  is  now  sick  : 

Resolved,  That  the  v.  hole  of  the  aforesaid  sums  amounting  to 
one  hundred  and  forty-four  dollars  and  fifty  five  cents,  due  by 
virtue  of  the  two  executions  aioresaid,  be,  and  hereby  are  re- 
mitted to  him  the  said  Hugh  Mc  Curley,  and  that  the  Sheriff  of 
the  County  of  Suffolk  be,  and  he  hereby  is  directed  to  discharge 
paid  Hugh  Mc  Curley  from  prison. 

xy. 

Resolve  on  petition  o/'John  Bosson,  appointing  a  Committee  to  ex- 
tinguish James  Martin's  claim.     June  21,   1806. 

Upon  the  petition  and  representation  of  John  Bosson,  setting 
forth  that  certain  real  Estate  situated  in  Boston,  in  the  county  of 
Suffolk,  which,  in  the  year  seventeen  hundred  and  eighty-two, 
October  the  thirteenth,  he  purchased  of  Richard  Cranch,  Samuel 
HenshaW  and  Samuel  Barrett,  agents  for  this  Commonwealth, 
the  same  real  Estate  having  been  considered  as  confiscated  pro- 
perty of  William  Martin  and  Ann  his  wife,  and  that  the  said 
Commonwealth  had  a  legal  right  to  sell  and  convey  the  same,  and 
said  Commonwealth  by  their  aforesaid  agents  did  sell  and  convey 
the  same  to  said  Bosson,  and  by  their  deed  of  warranty,  covenant 
with  said  Bosson  to  defend  the  same  tide  to  said  real  estate  to 
said  Bosson,  his  heirs  and  assigns  ;  and  whereas  it  appears,  that 
said  estate  was  never  legally  confiscated,  and  said  Common^vealth 
never  had  any  right  to  convey  said  estate,  and  James  Martin,  son 
and  heir  of  said  William  and  Ann  Martin,  has  recovered  judg- 
ment for  possession  of  said  real  estate,  against  said  Bosson,  in  the 
Circuit  Court  of  die  United  States. 

Resolved,  That  Perez  Morton,  William  Brown  and  Thomas 
Harris,  Esquires,  be  commissioners  on  the  part  of  this  Common- 
wealth, to  settle  with  said  John  Bosson,   and  to  extinguish  any 

claim 


14  RESOLVES,  June  1806. 

claim  ^vhich  said  James  Martin  may  have  to  said  estate,  or  any 
claim  whidi  said  John  Bosson,  his  heirs  and  assigns  may  have 
on  this  Commonwealth,  on  account  of  said  sale  or  transfer  of 
said  real  estate  to  said  John  Bosson,  by  said  C ranch,  HenshaAV 
and  Barrett,  or  by  this  Common^vealth,  provided  the  same  can 
be  done  on  such  terms  as  the  said  commissioners  may  deem  just 
and  reasonable,  and  whenever  said  commissioners  shall  produce 
to  the  Attorney  General  or  Solicitor  General  of  this  Common- 
wealth, such  discharges  and  acquittances  as  in  the  opinion  of  said 
Attorney  General  or  Solicitor  General  shall  forever  hereafter  pre- 
vent any  riglit  of  demand  upon  this  Common\\ealth  for  any  dam- 
ages, on  acjount  of  said  sale  of  said  real  estate,  in  any  person  or 
persons  whomsoever,  then  the  said  Commissioners  shall  receive 
out  of  the  Treasury  of  this  Commonwealth,  such  sums  of  money 
of  the  unappropi  iatcd  money  of  this  Commonwealth,  tlien  in  said 
Treasury,  as  may  be  necessary  to  effect  the  purposes  of  this  Re- 
solve ;  and  the  Governor  of  this  Commonwealth  shall  be  autho- 
rized, by  and  with  the  advice  of  Council,  to  issue  his  warrant  for 
tliat  purpose  accordingly. 

XVI. 

Resolve  aufhorizinf^-  Essex  Turnpike  Corporation  to  erect  a  gate 
or  /ui//'gates,  xvlien  the  road  shall  be  approval.  June  21,  1806. 

Resolved,  That  whenever  that  part  of  the  Essex  Turnpike  Road 
which  extends  from  the  north  line  of  the  State  of  Massachusetts  to- 
wards the  town  of  Boston,  shall  "be  sufficiently  made,  agreeably  to 
the  Acts  ofdK-  General  Court  establishing  and  relating  to  said  Turn- 
pike, and  shall  be  so  allo\\ed  by  any  three  Commissioners  to  be 
appointed  by  His  Excellency  the  Go\^enior  of  this  Common- 
^vealth  for  tliat  purpose  ;  Then  the  proprietors  of  said  Turnpike 
shall  be  authorized  to  erect  a  gate  or  half  gates,  at  proper  dis- 
tances, \\ithin  said  road,  and  to  take  such  toll  in  proportion  to 
the  whole  toil  allowed  to  said  Corporation,  as  said  Commission- 
ers shall  establish  conformably  to  the  provisions  of  the  third  sec- 
tion of  the  original  Act  establishing  said  Essex  Turnpike,  pas- 
sed on  the  tv/enty-second  day  of  June,  Anno  Domini  one  thou- 
sand eight  hundred  and  six  :  Provided  however,  that  nothing 
herein  contained  shall  prevent  the  legislature  from  altering  or  re- 
pealing any  part  of  this  Resolve. 

XVII. 

Resolve  on  the  petition  of  Rdchcl  Gould,  rendering  valid  the  sale 
of  certain  Estate,     June  21,   1806. 

On  die  petition  of  Rachel  Gould,  Administratrix  on  the  Estate 
of  George  Gould,  late  of  Dedhani,  in  the  County  of  Norfolk, 

gentleman, 


RESOLVES,  June  1806.  15 

gentleman,  deceased  ;  representing  that  she  had  obtained  licence 
of  the  Supreme  Judicial  Court,  at  the  term  thereof  holden  at 
Dedham  in  said  County  of  Norfolk,  in  September  last,  to  sell  a 
certain  part  of  the  real  estate  of  said  George,  for  payment  of  his 
debts,  but  had  neglected  to  give  bond  previous  to  the  sale  there- 
of to  the  Judge  of  Probate  for  said  county  according  to  law. 

Jiesolved,  for  reasons  set  forth  in  said  petition,  that  the  sEile  of 
said  real  Estate,  so  far  only  as  the  same  is  rendered  invalid  by 
reason  of  the  said  Rachel's  neglecting  to  give  bond  as  aforesaid, 
be  and  hereby  is  confirmed  and  rendered  valid,  upon  condition 
ho^vever  that  the  said  Rachel,  within  three  months  from  the 
date  hereof,  give  bond  with  sufiicient  surety,  or  sureties,  to  the 
acceptance  of  the  Judge  of  Probate  tor  said  County  of  Norfolk,  in 
such  sum  as  the  said  Judge  shall  direct,  conditioned  that  the  said 
Rachel  has  in  all  other  regards  complied  with  the  directions  of 
the  law  in  that  behalf,  and  shall  duly  account  for  the  proceeds  of 
such  sales  according  to  law. 

XVIII. 

Resolve  granting  Mary  Avery,  one  thousand  dollars.     June  21 , 

1806. 

On  the  petition  of  Mary  Avcrjr, 
Resolved^  for  reasons  set  forth  in  said  petition,  and  inasmuch 
as  the  late  John  Avery,  Esq.  Secretary  of  this  Common\^'ealth, 
has  had  no  grant  or  addition  toJiis  salary,  for  many  years  past, 
there  be  allowed  and  paid  to  the  said  Mary  Avery,  ^vidow  of  the 
late  John  Avery,  Esq.  the  sum  of  one  thousand  dollars^  and  his 
Excellency  the  Governor,  with  advice  of  Council,  is  requested 
to  draw  a  warrant  on  the  Treasury  for  tlie  said  sum. 

XIX. 

Resolve  granting  Six  Hundred  Dollars  to  Jacob  Kuhn,  for  fiielj 
Sec.  June  21,  1806.- 
Resohwd,  That  there  be  allo"wed  and  paid  out  of  the  Treasury 
of  this  Common\^ealth,  to  Jacob  Kuhn,  messenger  of  the  Gene- 
ral Court,  the  sum  of  six  hundred  dollars^  to  enable  him  to  pur- 
chase fuel,  and  such  other  articles  as  may  be  necessary  for  the  use 
of  said  Court  ;  he  to  be  accountable  for  the  expenditure  of  the 
same. 

XX. 

Resolve  on  thepetition  of  lamQs  afid  So]ihivJ*reniiss.  Jur.e21, 1806, 

On  petition  of  Jcimes  Prentiss  and  Sophia,  wile  of  said  James,  ami 
administratrix  on  the  estate  of  lier  late  husband  Leonard  Mellen, 

deceased. 


U  RESOLVES,  June  1801. 

deceased,  setting  forth  that  said  Mellen  was  interested  with  oth- 
ers  therein  mentioried,  in  a  certain  to\v'nship  of  Land,  being  No. 
4,  in  the  filth  range  of  toAMiship  1}  ing  betv/een  Kcnntbeck  and 
Penobscot  rivers,  and  that  certain  i.etliers  thereon,  are  equitably 
entitled  to  certain  grants  out  of  the  same  : 

Resolved^  That  for  the  reasons  set  forth  in  said  petition,  and 
for  quieting  said  settlers,  said  petitioners  as  representatives  of  the 
estate  of  said  Mellen,  be  and  are  hereby  empowered  to  join  with 
said  other  proprietors  of  said  township,  in  a  grant  to  certain  of 
said  settlers,  of  a  portion  of  said  land  not  exceeding  six  hundred 
acres,  for  a  full  and  adequate  price  to  be  paid  therefor,  and  to 
give  a  good  and  "N^alid  deed  'thereof ;  and  that  the  proceeds  of 
said  sale  be  applied  to  the  use  and  benefit  of  the  estate  and  eftects 
of  said  Mellen,  and  those  interested  therein,  and  be  accounted  for, 
by  said  petitioners,  in  the  same  Avay  and  manner  as  tlie  personal 
estate  of  said  Mellen  ouglit  by  law  to  be  accounted  for. 

XXL 

Resolve  authorizing  John  Levcrctt,  of  Vermont,  to  sell  land  in 
li^os^ow,  belonging  to  7mnors.      June  23,   1806. 

On  the  petition  of  John  Leverett,  Esq.  of  Windsor,  in  the 
county  of  vVindsor  and  state  of  Vermont,  parent  and  guai"dian 
of  John  Leverett  the  3d,  Thomas  Leverett  and  Hannali  Leverett, 
children  and  minors  of  him  the  said  John,  praying  that  he  the 
said  John  ma}'  be  licensed  to  sell  the  real  estate  of  said  minors, 
situated  in  the  town  of  Boston,  in  the  county  of  Suffolk,  bounded 
as  in  said  petition  is  at  large  set  forth. 

Resolved  for  reasons  set  forth  in  said  petition,  that  said  John  Le\"- 
erett,  parent  and  guardian  aforesaid,  be  and  hereby  is  authorized 
to  sell  said  estate  at  pri\-ate  sale,  for  the  most  the  same  will  luring, 
and  to  make  and  execute  a  good  and  sufficient  deed  or  deeds  of 
the  same,  he  the  said  John  first  giviiig  bonds  with  sufficient 
surety  or  sureties,  to  the  Judge  of  Probate  for  the  County  of  Suf- 
folk, in  such  sum  as  t.aid  Judge  shall  direct,  conditioned  that  he 
will  act  faithfully  and  impartially  in  all  things  touching  the  same, 
and  A\'ill  account  for  the  proceeds  of  the  sale  thereof  as  the  hwv  in 
such  cases  provides. 

XXIL 

Resolve  authorizing  William   Saville    to  convey  certain  land  to 
Benjamin  K.  Hough.     June  23,   1806. 

On  the  petition  of  William  Sa^  ille,  administrator  of  Estate  of 
James  Saville,  late  of  Boston,  in  the  county  of  Suffolk,  merchant, 
deceased,  praying  for  authority  to  convey  toBenjaminK.  Hough, 

'the 


RESOLVES,  June  1806.  17 

the  moiety  of  certain  land  according  to  the  promise  of  said  de- 
ceased in  writing,  he  having  received  the  full  consideration  there- 
for ; 

Jiesoivedy  That  the  prayer  thereof  be  granted,  and  that  said  ad- 
ministrator be  and  he  is  hereby  authorized  to  convey  to  said  Ben- 
jamin K.  Hough,  aiid  his  heirs,  the  said  moiety  of  land,  described 
in  said  petition  and  in  the  deed  therein  referred  to  :  said  deed  made 
on  the  seventh  day  of  September,  eighteen  hundred  and  three, 
and  duly  recorded  in  the  registry  of  deeds  in  the  County  of  Es- 
sex, by  Daniel  Epes  Procter,  to  James  Saville,  in  like  manner  as 
said  deceased  could  have  done  if  living. 

XXIII. 

Resolve  granting  a  Tax  to  the  County  of  Middlesex. 
June  23,   1806. 

Whereas  the  Treasurer  of  the  County  of  Middlesex,  has  laid 
his  accounts  before  the  General  Court  for  examination,  in  the 
manner  prescribed  by  law,  which  accounts  have  been  examined 
and  allo^ved  ;  and  whereas  the  Clerk  of  the  Court  of  General  Ses- 
sions of  the  Peace,  for  the  said  County  of  Middlesex  lias  exhibited 
an  estimate  made  by  the  said  Court,  of  the  necessary  charges  vvhich 
may  probably  arise  within  the  said  county  of  Middlesex,  for  the 
year  ensuing,  amounting  to  live  thousand  five  hundred  dollars  : 

Resolved^  That  the  sum  of  five  thousand  five  hundred  dollars, 
be  and  hereby  is  granted,  as  a  tax  for  the  said  county  of  Middle- 
sex, for  the  ensuing  year,  to  be  apportioned,  assessed,  paid,  col- 
lected, and  applied  for  the  purposes  aforesaid,  according  to  law. 

XXIV. 

Resolve  authorizing  Henry  Hunter  to  sell  land  o/' Charles  Porter, 
in  Newton.    June  23,  1806. 

On  the  petition  of  Henry  Himter,  administrator  of  the  estate  of 
Charles  Porter,  late  of  Boston  in  the  county  of  Suffolk,  trader, 
deceased,  praying  for  authority,  to  convey  to  William  Hoogs  a 
house   and  land  in  Newton  according  to  ihe  promise  of  said  de- 


ceased in  writing. 


Resolved y  That  the  prayer  thereof  be  granted  and  that  said  admin, 
istrator  be,  and  he  is  hereby  authorized  to  convey  to  said  Hoogs  and 
his  heirs  by  deed  of  quit  claim  all  the  title  and  estate  of  which  said 
Charles  died  seized  in,  and  to  the  house  and  land  described  in  said 
petition  and  in  the  conveyances  therein  referred  to.  Viz.  a  tract 
ofland  lying  in  said  Newton,  containing  one  acre,  bounded  north- 
erly in  the  county  of  Middlesex  on  the  county  road  ;  easterly  by 

lan«^ 
C 


18  RESOLVES,  June  18(J6. 

limd  of  Silas  and  Seth  Ross,  southerly  on  Charles  Ri\'er,  and 
•westerly,  on  land  lately  o^vned  by  Stephen  Crane  :  togetlier  Avith 
the  buildings  thereon. 

XXV. 

Resolve  on  the  Attorney  General's  occow/z^  for  paying  a  balance  of 
twenty-four  dollars  eleven  cents^  and  advancing  liini  two  hun- 
dred ajid  forty  dollars  to  prosecute  civil  suits.     June  23,  180G. 

Resolved,  That  there  be  paid  out  of  the  Treasury  of  this  Com- 
monwealth, to  the  Honorable  Jam.cs  Sullivan,  Esquire,  the  sum 
of  twenty-four  dollars  and  eleven  cents,  in  full  of  the  balance  of 
his  account,  exhibited  to  this  date  ;  and  that  there  be  paid  to  him, 
out  of  the  said  Treasuiy,  the  further  sum  of  two  hundred  and 
forty  dollais,  to  be  accounted  for  by  him  in  the  prosecution  of 
civil  suits. 

XXVI. 

Resolve  establishing  the  pay  vf  the  Clerks  in  the  Sccrctaiy's  of- 
fice. June  "23,  1806. 
Resolved,  That  there  be  allo\\ed  and  paid  out  of  the  Treasury 
of  this  Commonwealth,  to  the  first  Clerk  in  the  Secretaiy's  oi- 
iice,  three  dollars  and  eighty-four  cents  per  day,  to  the  other  two 
Clerks  in  the  said  office,  three  dollars  per  day,  each,  during  the 
time  thev  have  been,  or  mav  be,  employed  in  said  :.Lrvicc,  irom 
thcfirstday  of  June  instant,' until  the  first  day  of  June  eighteen 
hundred  mid  se^■en. 

XXVII. 

Resolve  establishing^  the  pay  of  the  Ckrks  z;:  ^//^Treasurer's 
Office.     June  23,  1806. 

Resolved,  That  diere  be  allowed  and  paid  out  of  tlie  Treasury 
of  diis  Commonwealth,  to  the  respective  Clerks  employed  in 
said  Office  for  the  time  being,  three  dollars  and  eighty-iour  cents 
for  each  day  they  may  be  emplovcdin  said  office,  irom  the  tirst 
day  of  June  instant,  to  the  first  day  of  June,  one  thousand  eight 
hundred  and  seven. 

XXVIII. 

Resolve  requesting  the  Governol^  to  cause  to  be  erected  a  sea  7val/, 
and  a  xvell  to  be  dug  at  the  State  Prison,  //  necessary.  June 
2-3,   180G. 

Resolved,  That  his  Excellency  the  Governor,  hy  and  witli  the  ad- 
vice of  Council,  be  and  hereby  is  requested,  if  upon  exaimnation 
it  should  appear  to  be  pxpedient,  to  order  a  Sea  W  ail  to  be  eieci- 


RESOLVES,  June  1306.  19 

cd  upon  the  land  appurtenant  to  the  State  Prison  in  Cliarlcstown, 
of  such  materials  and  dimensions  as  the  public  interest  may 
require  ;  and  also  to  order  a  suitable  Vv^eli  to  be  dug  in  the  yard 
of  said  Prison  ;  and  to  issue  his  Avarrants  on  the  Treasury  for  the 
sums- necessary  to  defray  tlie  expense  of  the  same. 

XXIX. 
Resolve  on  the  Petition  of  Leonard  Jarvis.    June  23,  1806. 

Upon  the  petition  of  Leonard  Jan^is,  stating  that  he  is  indebted 
to  this  Commonwealth  a  sum  of  money,  for  which  judgment  and 
execution  have  been  obtained  against  him,  and  that  if  the  execu- 
tion be  served  on  his  body  it  will  be  extremely  injurious  to 
himself  and  family,  and  of  no  ad^-antage  to  this  Commonwealth, 
and  that  certain  lands  situated  in  the  towns  of  Penobscot,  Surry 
and  Eisvx^oilh  are  mortgaged  to  the  Commonwealth  to  secure  the 
payment  of  said  debt,  which  said  lands  might  be  sold  by  said 
Jarvis  greatly  to  his  advantage,  and  in  a  manner  to  insure  to' the 
Commoii'vveallh  the  speedy  payment  of  the  debt  aforesaid,  with 
interest  thereon ;  ^vherefore  the  said  Jarvis  prays  that  the  said 
execution  may  be  staid,  and  tlie  Treasurer  be  authorized  to  re- 
linquish to  the  purchasers  of  said  lands  the  claim  of  the  Com-- 
monwealth  upon  the  payment  of  an  adequate  consideration  into 
the  Treasury  ; 

//  is  hereby  resolved^  That  the  Treasurer  of  this  Common"weaIth 
be  hereby  authorized  and  directed  to  suspend,  for  the  term  of 
three  years  from  the  passing  of  this  Resolve,  the  service  of  any 
execution  which  the  Commonwealth  has,  or  is  entitled  to,  on 
account  of  the  debt  aforesaid. 

Be  it  furtlier  resolved.,  That  upon  the  sale  of  any  pait  or  par- 
cel of  the  laud  mortgaged  to  the  Commonwealth,  as  above  men- 
tioned by  the  said  Leonard  Jarvis,  and  upon  the  payment  into  the 
Treasury  by  said  Jarvis  or  his  grantee  of  the  amoimt  of  the  land 
so  sold  by  said  Jarvis,  it  shall  be  lawful  for  the  Treasurer,  and  he 
is  hereby  authorized  and  empowered,  to  relinquish  to  said  Jarvis 
or  his  grantee,  any  parcel  or  parcels  of  land  for  which  the  amount 
of  the  sales  and  interest  thereon  has  been  so  paid  irito  the 
Treasury  :  Provided,  that  all  such  sales  shall  be  approbated  by 
JMason  Shaw,  Esq.  Sheriff  of  the  County  of  Hancock  ;  and  the 
said  Jarvis  or  his  grantee  vshall  produce  and  deliver  to  the  Trea- 
surer a  Certilicate  of  such  approbation. 

XXX, 


2e  RESOLVES,  June  1806. 

XXX. 

Resolve  for  the  pay  of  the  Clerks  of  the  Senate  and  House, 
June  23,   1806. 

Resolved^  That  there  be  allowed  and  paid  out  of  the  public 
Treasury  to  John  D.  Dunbar,  Esq.  Clerk  of  the  Senate,  and  to 
Charles  P.  Sumner,  Esq.  Clerk  of  the  House  of  Representatives, 
one  hundred  and  fifty  dollars  each,  in  full  lor  their  services  afore- 
said the  present  Session ;  and  to  George  E.  Vaughan,  Esq.  As- 
sistant Clerk  of  the  Senate,  one  hundred  dollars,  and  to  Thomas 
Walcutt,  Assistant  Clerk  of  the  House  of  Representatives,  one 
hundred  dollars,  in  full  for  their  services  respectively,  the  pres- 
ent session  of  the  General  Court. 

XXXI. 

Resolve  authorizing  the    Secretary  and  Treasurer  to  lease  the 
Province  House.     June  23,  1806. 

Resohedy  That  the  Secretary  and  Treasurer  of  this  Common- 
wealth be,  and  they  are  hereby  authorized  and  directed,  to 
lease  out  the  Province  House,  and  its  appurtenances,  for  the 
term  of  one  yciir,  in  such  way  and  manner,  as  in  their  wis- 
dom and  discretion  shall  best  subser\'e  the  interest  of  said  Com- 
monwealth. 

XXXII. 

Resolve  directing  Edward  McLane,  to  pay  the  fees  he  has  receiv-, 
ed  during  Secretary  Avery's  sickness^  into  the  public  Treasury. 
June  24,  1806. 

Whereas  it  is  represented  to  this  Court,  that  the  sum  of  ninety- 
five  dollars  and  eighty-five  cents  have  been  paid  into  the  office  of 
the  Secretary  of  tliis  Common^^•ealth,  since  the  sickness  of  John 
Avery,  Esq.  AAhich  sum  is  in  the  hands  of  Edward  McLane,  one 
of  the  Clerks  in  said  office  ;   Therefore 

Resolved^  That  the  said  lubvard  McLane  be,  and  hereby  is 
authorized  and  directed,  to  pav  over  the  aforesaid  sum  to  the 
Treasurer  of  the  Commonwealth,  and  his  receipt  shall  be  a  suffi- 
cient  discharge  therefor. 

XXXHL 

Resolve  gra7iting    twenty-five    dollars    to   Daniel  Cowing,  for 

extra  service.     June  24,  1806. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Treasuiy 

pf  this  Commonwealth,  the  sum  of  twenty-live  dollars  to  Daniel 

Cowing,  ibr   extra  services   in  his  attendance  on  the   General 

Court 


RESOLVES,  June  1806.  21 

Court  the  present  session,  during  the  sickness  of  the  messenger, 
and  that  his  Excellency  the  (iovcrnor  be  requested  to  grant  a 
^varrant  on  the  Treasur}-  accordingly. 

XXXIV. 

Resolve  gra?tt}n!^  io   Edward  McLane   One  hundred  and  Jifnj 
dolkn.     June  24,  1806. 

Resolved,  That  the  sum  of  one  hnndred  and  fifty  dollars  be 
paid  to  Edward  McLane,  ^vho,  during  the  sickness  of  the  late 
Secretary  of  diis  CommonTvealth,  discharged  the  duties  of  his  de- 
partment, as  a  consideration  in  full  for  said  McLane's  services', 
w  hich  sum  shall  be  in  addition  to  his  usual  allowance  as  Clerk  in 
said  oflicc,  and  that  his  Excellency  the  Governor  be  authorized  to 
issue  his  warrant  on  the  Treasury  for  that  sum  in  liivor  of  said 
McLiine. 

XXXV. 

Resolve  direet'mg  the  Committee  on  Eastern  Lands  to  'ascertain 
Possessors  of  Land  on  Mount  Desert,  on  the  23d  of  June^ 
1805.     June  24,   1806. 

Whereas  by  a  Resolve,  passed  the  Legislature  of  this  Common- 
v,-ealth  June  23d,  in  the  yeai-  of  our  Lord  seventeen  hundred  and 
eighty-live,  it  was  resoh  ed  that  one  moiety  or  half  part  of  the 
Island  of  Mount  Desert,  in  quantity  and  quality,  should  be 
granted,  and  from  the  passing  of  said  resohe  should  enure  to 
,Tohn  Bernard,  his  heirs  and  assigns  forever,  to  hold  in  fee  sim- 
ple :  Provided  always,  that  the  said  John  should  convey  to  each 
person  at  that  time  in  possession  of  Lands,  which  might  b}'  a  di- 
vision of  the  aforesaid  Island,  be  assigned  to  said  John  such  quan- 
tity thereof  and  upon  such  terms,  as  the  Committee  appointed  by 
a  resolve  of  the  General  Court,  passed  October  28th,  1783, 
should  direct,  within  eighteen  months  from  the  passing  of  said 
resohe  :  and  whereas  the  aforesaid  Committee  did  not  at  any 
lime  direct  the  quantit}^  and  terms  upon  which  the  said  land 
should  be  conveyed  to  the  said  j^ersons  : 

Therefore  resolved,  that  the  Committee  for  the  sale  of  Eastern 
Lands  be,  and  they  hereby  are  authorized,  to  ascertain  the  per- 
sons who  on  the  said  twenty-third  of  June,  in  the  year  1785,  were 
in  possession  of  any  lands  on  said  Island  of  Mount  Desert, 
and  to  direct  and  designate  the  quantity  of  land  to  which  such 
persons,  their  heirs  or  assigns,  as  Avere  at  that  time  in  posses- 
sion, shall  be  entitled,  and  the  terms  on  which  they  shall  be  qui- 
eted in  their  possessions,  according  to  the  intent  of  said  recited 
Resolve  ;  and  the  doings  of  the  said  Committee  on  Eastern  lands, 


£2  RESOLVES,  June  1305. 

shall  be  valid  to  all  intents  and  purposes,  widi  respect  to  llie  pre- 
mises, as  if  the  same  had  been  done  by  the  CoiTunittee  appointed 
by  said  recited  resolve ;  and  u])on  compliance  with  the  terms  which 
may  be  prescribed  by  said  Committee  on  Eastern  lands  within 
twelve  mo^th^J  from  this  date,  the  said  settlers,  their  heirs  and 
assigns  siiall  be  entitled  to  their  conveyances  from  said  John  Ber- 
nard, his  heirs  or  assigns. 

XXXVI. 

Jlcsohe  appointinrf  a  Committee  to  procure  additions  to  the  Libra- 
ry of  the  House  of  Representatives ^  and  appropriating  three 
hundred  dollars.     June  24,   1806. 

Resolved^  That  there  be  allovv-ed  and  paid  out  of  the  Treasury 
of  this  Commonwealth,  the  sum  of  three  hundred  dollars,  for  the 
purpose  of  making-  additions  to  the  Librar}^  of  the  House  of  Re- 
presentatives, to  Perez  Morton,  Joseph  Story  and  Benjamin 
\Vhitman,  who  shall  be  a  committee  to  receive  the  said  money, 
and  Avho  shall  superintend  the  selection  of  the  books  for  this 
purpose,  and  account  therefor  to  the  House  of  Representatives. 

XXXVII. 

Resolve  for  paying  the  Committee  on  Accounts.     June  24,  1806. 

-  Resolved^  That  there  be  allowed  and  paid  out  of  the  public 
Treasury,  to  the  Committee  appointed  to  examine  and  pass  on 
Accounts  presented  againstthe  Common-Nvcalth,  for  their  attendance 
on  that  ser^ice,  during  the  present  Session,  the  sums  annexed  to 
their  names,  respectiveh',  in  addition  to  their  pay  as  members  of 
^he  Legislature,  viz.   . 

To  the  Hon.  Thomas  Hale,  Esq.  thirteen  days,  13  dollars. 

Hon.  John  Farley,  Esq.     tliirtcen  days,  13  dollars. 

To  William  Young,.  Esq.  thirteen  days,  13  dollars. 

David  Perry,  jun.  Esq.  thirteen  days,  13  dollars. 

Joseph  Titcomb,  Esq.  thirteen  da^s,  13  dollars. 

which  sums  shall  be  in  full  ibr  their  services  aforesaid. 

XXXVIII. 

Resolve  granting  to  the  Secretary  and  Treasurer  eight  hundred 
dollars  each,  in  part  of  the  Salaries  that  may  be  established  for 
them.     June  24,   1806. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Treasuiy 
©f  this  Commonwealth,  to  the  Secretary  and  Treasurer,  eight 
hundred  dollars  each,  to  be  accounted  for  by  them  to^^■ards  the 
sum  that  shall  be  granted  them  for  their"^  salaries  the  present 
year  ;  and  his  Excellency  the  Governor  is  authorized,  bv  and 
vvith  the  adA'ice  of  the  Council,  to  draw  his  wairant  on  the  Trear 
snrv  therefor. 


I^ESOL VES,  June-  iSOB.  m 

XXXIX. 

HollM.  B5.     June  1806. 
THE  Committtee  on  accounts,  having   examined  the  several 
afccounts  they  now  jTrescnt, 

REPORT,  That  there  are  due  to  the  corporations  and  persons 
hereafter  mentioned,  the  sums  set  to  their  names  respectivelj, 
"vv  hich,  when  allowed  and  paid,  will  be  in  full  discharge  of  tlie  said 
accounts  to  the  several  dates  therein  mentioned. 

Which  is  rcs})ectfully  submitted, 

THOMAS  HALE,  per  order. 

Pauper  Accounts.  D.      C. 

To^vn  of  Abington,  for  supporting  Margaret  Benner,,  to 

12tii  May,  1806,  17  10 

Town  of  Adams,  for  boarding  and  clothing  Cathrine,  an 
Indian,  Susannah  Camp,  and  Freeman  Blakeley,  to 
22d  May,  1806,  60  90 

Town  of  Andover,  for  boarding,  cloathing  and  doctoring 
John  Sanders,  to  11th  January,  1805,  -    •  129  12 

Town  of  Amesbury,  for  boarding  and  cloathing  Jonathan 
Sidwell,  to  18th  May,  1806,  and  Susannah  Collins,  to 
the  time  of  iscnding  her  out  of  the  State,  77  63 

Town  of  Ashbumham,  for  boarding  and  cloathing  and 
doctoring  John  Franklin  to  the  time  of  his  death,  in- 
cluding funeral  charges,  and  Mrsi  Franklin,  to  the 
26th  May,  1806,  123  B3 

Attleborough,  for  supporting  and  doctoring  James  Jew- 
ell, to  13th  November,  1805,  13  30 

Boxborough,  for  boardingandclothing  John  M'Coy,  and 
John  Kennedy,  to  28th  May,  1806^  including  Doc- 
tors Bills,  67  62 

Boothbay,  for  boarding,  cloathing,  nursing  and  doctoring 

John  Haskins,  to  the  time  of  his  death,  136  00 

Barre,  for  boai'ding  and  cloathing  Jolm  C.  Dandrich,  to 

23d  May,  1806,  20  00 

Boston,  for  boarding  and  cloathing  sundry  pauperg^  in- 
cluding funeral  cliarges,  to  1st  June,  1806,  4324  12 

l^idgewater,  for  boaixling,  cloathing  and  doctoring  Hen- 
ry Ash,  Benjamin  Palmer,  and  William  Blakeley,  to 
18di  June,  1806,  103  22 

Cheshire,  for  boarding  and  cloathing  Ephraim  Richard- 
son, to  e3dMay,  1806,  66,  37 

Coleraine,  for  boarding,  clotJiing  and  doctoring,  Williaisi 

Wilson,  ai'd  Rachel  Carr,  to  21st  May,  1806,  88  79 

Concord,  for  boarding  and  clothing,  William  Shaw,    to 

9th  Jttne,  1806.  26  00 

D 


ti  RESOLVES,  June  1806. 

Cambridge,  for  boarding  and  doctoring,  Kcziah  Powers, 

to  17th  June,  1806,-  "  ^  25  50 

"Charlemont,  for  boarding,  clothing,  and  doctoring,  Abra- 
ham Bass,  to  23d  Miy,   1806.'  40  39 

Cape-Elizabethj  for  boarding,  James  Ranibbottona,  and 
JaifiesG.  Hays,  to  8th  May,  1806,  and  supplies  to  A- 
braham  Birks,  to  same  time,  65  47 

Dartmouth,  for  boarding  and  clothings  John  Quanawill, 

to  7th  May,   1806,  114  25 

Dunstable,  for  boarding  and  clothing,  Margaret   Lane, 
.  to  4th  June,   1806,  19  00 

District   of  Dover,  for  boarding  and  nursing,   Patrick 

Cowin,  to  10th  June,   1806,  29  60 

Deblois  George,  keeper  of  the  Alms  House  in  Boston^ 

to  1st  June,  1806,  301  76 

Dagget  Samuel,  keeper  of  the  Goal  inDedham,  for  board- 
ing and  clothing,  James  Hatchell,  a  Aagrant,  confined 
in  Goal,  to  13th  June,   1806,  102  36 

Florida,  for  supporting  a  child   of  Amo3   Eldridgc,  to 

2d  January,  1806,  12  06 

Grafton,  for  boarding  and  clotliing  James    Cook,  to  2d 

June,   1806,  30  00 

Georgetown,  for  boarding,  clothing,  and  doctoring  Thc- 
ophilus  Hai'dy,  to  die  time  of  his  death,  and  funeral 
charn^es,  94  20 

Granville,  for  boarding  and  clothing,  Thomas  Williams 
^nd  wife,  to  the  time  of  her  death,  and  said  Thomas 
to  1st  May,   1806,  including  funeral  charges,  107  79 

Gloucester,  for  boarding,  clothing,  and  doctoring,  sundiy 

paiq^ers,  to  lOili  May,   1806,  1044  09 

Granby,  for  boarding,  clothing-,   and  doctoring  Ebenezer 

Darwin  and  John  Murry,  to  2d  June,  1806,  67  55 

Hadle}%  for  supplies  to  Friday  and  wife,  to  lOdi   INIav, 

1806,  '  18  00 

Han-cock,  for  boarding,  clothing,  and  nursing.  Prince,  a 

negro,tothe  time  of  his  death,  includingfuneral  charges,     103  60 

Hartshorne  Oliver,  keeper  of  the  Goal   in   Boston,  for 

supporting  sundry  poor  debtors,  to  13th  June,  1806,         66  00 

Hodgkins  Joseph,  keeper  of  the  house  of  correction,  in 
Ipswich,  for  boarding  and  clothing,  sundry  paupers^  to 
-   7th  June,  1806,  including;  an  allowance  made  by  the 
Court  of  Sessions  to  4th  of  April,  1806,  465  30 

Hudson  John,  keeper  of  Goal  in  Salem,  for  dieting  "-.un- 
dry  paupers,  confined  in  Goal,  to  the  time  they  wcic 
discharged,  '  J82  00 


RESOLVES,  June  1806.  25 

Longmcadow,  for  clothing-  and  boarding, 'h\o  cliildrcn  of  . 

William  Melross,  and  supplies  for  Jolin  S.  Spendler,  J 

andfamily  to  ISthof  May,  1806,       ^    ^  4418 

Lenox,  for  boarding  and  clothing,  Christian  Crow,  to 
the  time  of  his  death,  and  Abraham  Palmer  and  child 
to  22 d  May,  1806,  including  funeral  charges  and 
doctors  bills,  77  12 

Leyden,   for  boarding,  clothing  and  doctoring,  Jedidiah 

Fuller  and  family,  to  24th  May,   1806,  59  47 

Lanesborougb,  for  boarding  and  clothing,  Dent  Harrison, 

to  31st  May,  1806,  75  82 

Leominster,  ibr  boarding,  clothing  and  doctoring,  John 
Harrison,  to  23.d  May,  1806,  and  supplies  to  Joseph 
Kich,  to  the  same  time,  38  30 

Medard  S.   Peter,   for  doctoring   State  paupers,  in  the 

Alms  House  in  Boston,  to  15th  May,   1806,  400  00 

Milton,  for  boarding,  clothing,  and  doctoring,    Thomas 

Webster,  and  John  Murry,  to  10th  June,   1806,  67  80 

Montague,  for  supporting  Joshua   Searle,    to    1st  May, 

1806,  '         23   17 

Medford,  for  boarding  and  doctoring  Samuel  Jones,   to 

the  time  of  his  death,  including  funeral  charges,  19  00 

New-Bedford,  for  boarding  and  cloathing  Patience  San- 
ford  and  John  Harris,  to  23d  May,  1806,  21  20 
New  Salem,  for  boarding  and  cloathing  Olive  Bedient's 

child,  to  7th  April,  1806,  -31  .50 

Norton,  for  boarding  and  cloathing  Joseph  Pratt,  to  23d 

May,  1806,  -    114  00 

Newburyport,  for  boarding  and  cloathing  *^undry  pau- 
pers, to- 1st  June,  1806,  761  42 
Newbury,  for  boarding,  cloathing  and  doctoring  sundry 

paupers,  to  1st  June,  1806,  573  84 

Orrington,    for  boarding  and   cloathing  and  doctoring 

Solomon  Place  to  the  time  of  his  leaving  the  State,  150  45 

Palmer,  for  boarding  and  cloathing  and  doctoring  Wil- 
liam Mendom  to  28th  May,  18^^06,  ^^Qi  37 
Portland,  for  boai-ding,  cloathing  and  doctoring  sundry 

paupers,  including  funeral  charges,  to  1st  June,  1806,     830  19 
Prospect,  for  boarding,  nursing  and  doctoring  Frederick 
Hayns,    to  the  tinie   of  his  death,  including   funeral 
charges,  and  Richard  Moore,  to  the  time  of  liis  going 
out  of  the  Commonwealth,  43  12 

Stockbridge,  for  boarding,  cloathing  and  doctoring  Dia- 
mond Elkas's  children,  and  Ancjrevv'  Kingsley,  to  1st 
April,  1805,  "  U2  S3 


26  llESOLVES,  Jimc  1806. 

Springfield,  for  boarding  and  cloathing  John  Cox,  to  1st 

"January,  1806,  65  71 

S^vansey,  for  boarding  and  cloathing  Deborali  Blinkins, 

Sally  Robbins'3  child,  and  Manuel  Dusnips,  to  17th 

May,  1806,  45  09 

Sheffield,  for  boarding,  ciaatliing  and  nursing  William 

Magee  to  '24tli  May,  1806,  70  80 

&uidisfield,  for  supporting  Barnabas  Fuller  to  the  time 

of  sending  him  out  of  the  State,  12  84 

Scituate,   for   boarding,  cloathing  and   doctoring   Alice 

Bigsby  to  1st  May,  1806,  and  Mary  Qarlow  to  the 

time  of  her  death,  including  funeral  charges,  117  73 

Stmdwich,  for  boarding  and  nursing  William  Rue  to  2d 

March,' 1805,  6  73 

Salem,  for  boarding  sundry  paupers  to  2d  June,  1806, 

including  funeral  chari^js,  787  75 

South-Hadley,  for  the  support  of  Peter  Pendergrass  to 

6th  April,  1806,  34  47 

Troy  for  boarding,  clothing,  and  doctoring  Francis  Brow 

to  21st  February,  1806,  98  34 

Topsfield,  for  supporting  Thomas  Comcrfoid  to  10th 

April,   1806,  18  00 

Tisbury,  for  boarding  and  cloathing  John  Murray  and 

John  Small,  to  the  time  of  their  going  out  of  the  State,  34  83 
Tyringham  lor  boarding  Frederick  Smith  to  the  24th 

April,  1806,  19  60 

Uxbridge,  for  boarding  and  cloathing  Betty  Trifle,  Da- 
vid MitdK:l  and  Patience  Hazard,  to  31st  May,  1806,  71  25 
Vinalhaven,  for  boarding  and  cloathing  \V'illiam  Proctor 

to  2d  April,  1806,  72  78 

Vassalborough,  for  boai'ding,  cloathing  and  nursing  James 

Lecester,  to  1st  May,  1806,  53  9Q 

Windsor,  for  boai-ding  and  cloathing  Hejuy  Smith  and 

wife,  to  April  1,  1806,  18  9a 

West- Springfield,  for  boarding  and  cloathing  William 

Bell,  Sai-ali  Felt's  cliild  and  Godfrey  Waggoner,  to 

24th  May,  1806,  including  doctors  bills,  also  supplies 

for  Cynthia  Benton  in  her   last  sickness  and  funerd 

charges  68  35 

Washington,  for  boarding  and  cloathing  Phebe  Clark,  to 

24th  May,   1806,  '  59  00 

Western,  for  boarding  and  cloathing  Cato  Kinij,  to  4tli 

June,  1806,  22  00 

Westborough,  for  boarding  and  clothing  Sarali  Cook,  to 

1st  June,  1806,  125  OQ 


RESOLVES,  June  1806.  2.7 

WiU'vvick,  for  boarding  and  cloathing  John  A.  Lerow 
and  wife,  to  13th  March,  1806,  inckiding  funeral 
charges,  and  Samuel  Griffith,  to  2d  June,  1806,  133  35 

Williamstown,  for  boarding,  cloathing  and  doctoring 
Rachel  Galusha,  Morrice  Fowler,  Stephen  Bleu  and 
Robert  Morrill  to  19th  May  1806,  and  Enoch  Simons 
to  the  time  of  his  death,  including  funeral  charges,  185  23 

York,  for  boarding  and  cloathing  Edward  Perkins  and 
wife,  Mrs.  Crocker,  Jacob  Bickum,  Edward  Voudv, 
Eli2al)edi  Perkins  and  Nicholas  Turtle,  to  8th  June, 
1806,  98  4S 


Total  pauper  account,         13872  96 

Mill  tary  Accounts . 

Brig-ade  Majors,  and  Aid-de-Camps. 
To  Barzllla  Gannett,  for  his  services  to  1st  June,  1806,        28  36 
To  Summer  Bastow,  for  his  services  to  24th  May,  1806, 
and  for  furnishing  blank  ^'arr^nts  and  notifications  for 
the  first  Brigade,  seventh  Di\ision,  57  75 

Adjutants. 
To  Wiilard  Boyd,  for  his  services,  to  22d  Nov.   1805^ 
To  Moses  BuUen,  for  }iis  services,  to  June,  1806, 
To  Cyrus  Keith,  for  his  services,  to  June,  1806, 
To  Thomas  Lothrop,  for  his  services,  to  June,  1806, 
To  John  Nye,  for  his  services,  to  December,  1805, 
To  Abraham  Ormsbe,  for 'his  services,  to  June,  1806, 
To  Daniel  Osburne,  for  his  services,  to  20th  Feb.  1806, 
To  Samuel  Patridge,  for  his  services,  to  June,  1806, 
To  Abel  Phelps,  for  his  services,  to  3d  June,  1806, 
To  Henry  Sweet,  for  his  services,  to  26th  Sept.  1805, 
To  the  l^iirs  of  James  Tyler,  for  his  services,  to  the  time 

of  his  death. 
To  Jonathan  L.  Tuttle,  for  his  services,  to  June,  1806, 
To  Hazletine  Taft,    for  his  services,  to  June,  1806, 
To  Jason  Ware,  for  his  services,  to  the  9th  June,  1806. 

Expense  Hauling  Artillery. 

To  Thomas  Danforth,  the  2d.  for  horses  liauling  Artil- 
lery, to  1st  October,  1805, 

To  Caleb  Loring,  for  horses  hauling  Artillery,  to  9th 
June,  1806, 

To  Cornelius  Dillingham,  for  horses  hauling  Artillery, 
to  18th  October,  1805, 

To  Noah  Ford,  for  horses  hauling  Artillery,  to  October 
1805, 


16 

90 

4 

50 

9 

76 

13 

45 

9 

26 

15 

50 

6 

92 

9 

14 

14 

56 

8 

00 

29 

27 

18 

75 

4 

14 

32 

29 

6 

00 

40 

00 

5 

00 

0 

00 

11 

20 

00 

88 

10 

4Q 

1 

60 

2S-  RESOLVES,  June  180(5. 

'I'o  Da  rid  Cobb,  for  horses  hauling  Artiller}-,  to  Miirch 
1806,  36 

To  Oliver  Johonnot,  for  horses  liauling  Artillery,  to  7th 

May,  1805,  8  OO 

Total  militia        378  55 

Sheriff's  Accounts. 

To  Simon  Lcaiiicd,  for  retiu'ninp;  votes  for  Governor  and 
Lieutenant-Governor,  for  1806, 

To  Benjamin  C.  Cutler,  for  returning  votes  for  Gov- 
ernor, and  Lieut.  Governor,  for  1806, 

To  John  Waite,  for  returning  votes  for  Governor  and 
Lieutenant  Governor,  for  1806, 

To  Joseph  Hosmer,  for  returning  votes  for  Governor  and 
Lieutenant  Governor,  for  1806, 

Total  Sheriffs  account*  24  08 

Printers  Account. 

To  Thomas  and  Andrews,  for  paper  and  printing  blanks 
A^^arrants  and  notifications,  for  adjutant  general,  agree- 
ble  to  contract,  ^36  OQ 

To  Peter  Kdes,  for  pnblisliing  Acts  and  Resohes to  6th 

June,  1806,  '  16  67 

To  John  Dennio,  for  publishing  Acts  and  Reserves,  to 

1st  June,  1806,  16  67 

To  Adams  and  Rhoades,  to  publishing  proclamation,  £cc, 

to  27th  March,  1806,  11  00 

To  Phinehas  Allen,  for  printing  blank  warrants  and  no- 
tifications, by  order  of  adjutant  general,  22  00 

To  Plcrman  Mann,  for  publishing  Acts  and  Resolves,  to 

1st  June,  1806,  19  45 

To  Salmon  and  James  Wilder,  for  printing  blank  war- 
rants and  notifications  for  second  brigade  of  militia,  24  00 

To  Young  &  Minns,  in  full  of  their  account  for  printing 

for  the  General  Court,  to  21st  June,  1806,  1496  25 

To  Stephen  Dewey,  for  procuring  blank  warrants  and 
notification^,  22  00 

Total  Printers  account,  1964  02 

Convicts. 
To  Joseph  Bai^rett,  keeper  of  the  gaol  in  Concord,  for 

dietiiis:  sundrv  convicts  to  17di  June,  1806.  136  82 


RESOLVES,  June  1806.  ^9 

Miscellaneous  Accounts. 

To  William  Brewer,  for  taking  inquisition  on,  and  bury- 
ing the  body  of  Peter  Anthony.  15  14 

To  John  Ferry,  for  assisting  the  Messenger  of  the  Gene- 
ral Court  the  present  session.-  48  00 

To  Simon  Willard,  for  cleaning  clock  in  State-Holise,  to 

13th  June,  1806.  _  5  00 

To  Josiah  Wheeler,  for  materials  and  ^vork  done  on  the 

State-House  to  27th  May,   1806,  '  .  95  50 

To  Thomas  Popkin,  for  materials  and  work  oji  the  State- 

House,^to  10th  June,  1806.  213  49 

To  Jonathan  Jackson,  for  expenccs  in  Treasury- Office, 

to  7th  February,  1806,  48  23 

To  Francis  LeBaron  Goodwin,  agent  for  the  Penobscot 

tribe  of  Indians,  to  10th  June,  1806.  60  00 

To  Jonathan  Hastings,  in  full  for  postage  of  Public  Let- 
ters, to  10th  June',  1806.  ■  88   37 

To  Sprague  and  Durant,  for  work  done  in  the  State- 
House,  to  29th  May,  1806.  41  00 

To  the  Guardians  of  the  Dudley  Indians,  due  them  in 
fall  to  23d  May,  1806,  viz.  to  Lemuel  Corbin  and 
John  Heaiy  S76  31,  and  to'  Mark  Dodge  S63  40, 
which  sums  the  Treasurer  is  directed  to  charge  to  said 
Indians,  to  be  deducted  from  the  sum  due  to  them 
from  the  Commonwealth.  139  71 

To  Charles  Turner,  jun.  for  one  half  his  account  of 
expences,  in  running  the  line  between  the  Common- 
wealth's and  Plymouth  Company- s  Land.  158  40 

To  Sylvanus  Lapham,  for  assisting  the  messenger  of  the 

General  Court  the  present  session.  52  00 

To  Jacob  Kuhn,  due  him  June  16,  1806,  over  and  above 
the  amount  of  three  grants,  made  to  him,  viz.  one 
June  15,  1805,  for  one  thousand  dolls,  and  one  dated 
19th  Feb.  1806,  for  one  hunelred  and  fifty  dolls,  and 
one  do.  dated  14th  March,  1806,  for  two  hundred  and 
five  dolls,  and  forty-four  cents,  \vhich  he  received  for 
mortar,  brick  and  stone,  &c.  2  75 

To  John  W.  Folsom,  for  taking  and  burial  of  four  dead 

bodies,  to  14th  November,  1805.  101  24 


Total  Miscellaneous  account,  1068  83 


80  RESOLVES,  June  1806. 

Jggrcf^ate  of  Boll  Ko,  55,  June  1806. 
Expencc  of  State  Paupel-s        -         ■-         S 13872  96 


Do. 

of  Militia 

Do. 

of  Shcrifis     - 

Do. 

of  Printers 

Do. 

of  Con\  icts     - 

Do. 

of  Miscellaneous 

578 

55 

24 

08 

-     1964 

02 

136 

82 

-    1068 

83 

SI 7445  26 

RESOLVED,  Thht  there  l^e  allowed  and  paid  Out  of  the  \ai\)- 
iic  treasury,  to  the  several  corporations  a] id  jxrrsons  mentioned  io 
this  Roil,  the  sums  set  against  such  corporations  and  persons  names 
respectively,  amounting  in  the  whole,  to  seventeen  tJiousand^four 
hujhircd  andfortij-fivc  dollars^  and  twentij-s'ix  eents^  the  siime  being 
in  full  discharge  of  the  accounts  and  d^iiands  to  whicli  they  rcfefi 


RESOLVES 


OF  THE 


GENERAL  COURT 


OF  THE 


Commontoealt]^  of  iKassacfjusetts* 


BEGAN  AND  HELD  AT  BOSTON,  IN  THE  COUNTY  OF  SUFFOLK,  ON  WEt> 

NESDAY,  THE  SEVENTH  DAY  OF  JANUARY,  ANNO  DOMINI,  ONE 

THOUSAND  EIGHT  HUNDRED  AND  SEVEN. 


B  O  S  T  0  IVi 

PRINTED  BY  ADAMS  AND  RHOADES, 

PRINTERS  TO  THE  STATE, 


RESOLVES, 


OF  THE  GENERAL  COURT  OF  MASSACHUSETTS, 

;ED  at  the  session  began  and    held   at    boston,   on    WEDNEf 
'    THE  SEVENTH  DAY  OF  JANUARY,  ANNO  DOMINI  1807, 


GOVERNOR'S  SPEECH 


State  House,  Thursday,  January  8. 
At  \2  o'clock,  the  Senate  attended  in  the  Reprefentatives'  Ch amber y and 
His  Excellency  the  Governor,  accompanied  by  the  Honorable  Council^ 
the  Secretary  of  State,  and  the  Sheriff  of  Suffolk,  came  in,  and  deliv" 
ered  the  following 

SPEECH: 

Gentlemen  -  o,f  the  Senate,  and 

Gentlemen  of  t^e  House  of  Repjiesentatifes^ 

1  HROUGH  the  favor  of  Providence,  we  are  again 
aflembled  to  perform  thofe  public  fervices,  to  which  we  have  been 
refpeclively  deputed  ;  and  we  owe  to  the  confidence  which  our 
conftituents  have  repofed  in  us,  our  conftant  endeavors  to  employ 
the  authority,  with  which  we  are  entrufted,  in  promoting  the 
honor  and  lafety  of  the  State,  and  the  improvement  and  happi- 
nefs  of  our  fellow  citizens.  Permit  me.  Gentlemen,  to  affure  you, 
that  no  care  iliall  be  wanting  on  my  part  to  contribute,  as  far  as 
poffible,  to  the  attainment  of  thefe  eflential  objects. 

The  Board  of  Vifitors  of  the  State  Prifon  have  lately  publiflied 
an  account  of  that  Inftitution,  containing  the  law  of  the  State,  pro- 
viding for  the  regulation  of  the  Prifon  ;  the  Rules  prefcribed  by 
the  Governor  and  Council,  for  its  fuperintendence  and  manage- 
mept,  in  purfuance  of  the  authority  given  them  by  law  j  the  or- 
ders eftablifhed  by  the  Board  of  Vifitors,  for  the  fupport  and  em- 
ployment of  the  prifoners  ;  and  a  general  view  of  the  prefent  ftate 
of  the  Prifon.  The  Members  of  the  Legiflature  will  be  furniflied 
with  copies  of  this  publication.  A  particular  ftatement  v/ill  alfo 
be  laid  before  the  General  Court,  of  the  expenfes  and  disburfe- 
xnents  attending  the  eftablifliment,  the  account  of  monies  received, 
f  pd  of  articles  manufaOured  and  fold  j  and  the  amount  of  labor 

an4 


^  THE  GOVERNOR'S  SPEECH, 

and  expenfc  in  each  department,  with  the  quantity  and  value  of 
flock,  tools,  and  materials  on  hand.  From  thefe  documents,  the 
Legillature  will  be  fully  informed  of  the  manner  in  which  the  af- 
fairs of  thePrifon  have  been  conducted,  and  will  be  able  to  point 
out  any  alterations  which  may  have  a  tendency  to  promote  the  de- 
fign  of  the  inftitution. 

The  Agents  appointed  by  an  order  of  the  two  Houfes,  of  the 
20th  of  laft  June,  to  fettle  and  adjuft  the  accounts  of  the  late 
Treafurer  of  the  Commonwealth,  and  to  transfer  the  books  and 
property  of  the  public  in  that  office  to  the  prefent  Treafurer,  have, 
accordingly,  made  a  fettlement,  and,  in  compliance  viith  the  or- 
der, have  reported  a  ftatcment  thereof  to  the  Governor  and 
Council,  which  will  be  laid  before  you  by  the  Secretary. 

He  will  alfo  deliver  you  the  annual  return  from  the  Adjutant 
General  of  the  Militia  of  the  Commonwealth  ;  and  the  Quarter 
Mafter  General's  return  of  the  ordnance  and  military  ftore?  be- 
longing to  this  State. 

You  will  perceive,  by  the  Treafurer's  accounts,  which  will  be 
laid  before  you  in  a  few  days,  that  a  vigilant  and  frugal  adminif- 
tration  of  the  public  revenue  is  necelTary,  to  defray  the  expenfes 
of  the  Commonwealth,  and  difcharge  what  remains  due  to  its 
creditors.  J^Jotwithftanding  the  frequent  reduction  of  our  ftate 
debt,  fince  the  clofe  of  the  war,  in  which  it  was  incurred,  it  ftill 
amounts  to  eight  hundred  and  fifty-fix  thouf-.nd  dollars  ^  the  in- 
tereft  of  w'hich,  at  five  per.  cent,  has,  for  a  number  of  years,  beeri 
regularly  paid.  I  think  you  will  endeavor  to  provide  for  the  re- 
demption of  the  principal  as  foon  as  conveniently  may  be  ;  and 
that  you  will  be  folicitous  to  effect  this  objed  without  increaling 
the  ufual  public  taxes.  The  fame  account  from  the  Treafury  will 
exhibit  the  demands  in  favor  of  the  Commonwealth,  and  the 
other  means  we  pofTefs  of  difcharging  the  debt.  Unlefs  the  cred- 
itors prefer  a  continuance  of  the  loan,  at  the  rate  of  intereft  to 
which  they  are  now  entitled,  the  policy  as  well  as  juftice  of  de- 
laying to  make  payment,  whenever  it  is  in  our  power  to  do  it, 
may  be  doubted.  .  A  wife  government  will  always  coufider  prob- 
ity and  gobci  faith  in  performing  their  engagements,  as  the  moft 
valuable  treafure  they  po/lefs,  and  the  moil  certain  rcfource  in  all 
the  exigencies  to  \^hjch  a  community  is  cxpofcd. 

The  ilrength  of  a  republic  ccnfifls  in  the  mutual  dependence  and 
agreement  of  jtS  feveral  parts.  A  confcioufncfs  of  their  individual 
'vA'ants  and  weaknefs  unites  the  members  amongft  themfelves  in  the 
bond  of  common  intercfl ;  and  {o  long  as  a  firm  and  fincere  re- 
gard to  the  common  good  prevails,  it  renders  the  Republic  invin- 
cible, and  enables  it  to  maintain  its  liberty  and  independence  a- 
'^ai'nft  all  its  enemies.     If  the  State,  while  in  this  condition,  is 

threatened 


ANSWER  OF  THE  HOUSE  of  REPRESENT ATH^S.        S 

threatened  with  any  injury  from  abroad,  the  private  quarrels  and 
party  difputes  of  the  citizens  are  fufpended  by  the  love  of  their 
country  and  the  fear  of  common,  danger  ;  they  niimcdiately  unite, 
and  areea^er  to  perform  the.  duty  of  their  refpecnve  fundions. 

It  is  evident,  therefore,  that  the  fecurity  of  every  free  ftate  de- 
pends  on  the  virtues  of  the  individuals  who  compofe  it,  and  every 
individual  is  concerned,  and  may  be  ufeful  in  promoting  the  gen- 
eral  fafety.  Let  it  then,  gentlemen,  be  our  cq.re  to  do  a.1  that  is 
incumbent  upon  us.  Let  us  attend  to  the  organization  and  difci- 
pline  of  the  IVIilitia,  fo  far  as  thefe  duties  are  affigned  to  die  fev- 
eral  States.  Let  us  guard  againll  thoie  divilions,  and  that  foreign 
influence  v/hich  have  proved  fatal  to  all  other  RepubHcs.  Let  us 
endeavor  to  unite  the  people  in  friendflup  and  mutual  confidence  ; 
and  fliew,  by  our  example,  the  fame  moderation  and  candor,  and 
the  fame  reverence  for  the  laws,  which  wc  expeft  from  our  fel- 
low citizens  ;  and  let  us  cheerfully  contribute  whatever  the  N*. 
tional  Government  may  think  necelTary,  for  the  protedion  of  our 
commerce,  and  the  complete  defence  of  «^j:,ter^;;it^on^^  rights 


ANSWER  OF  THE  HOUSE  OF  REPRESENTATIVES.    . 

January  10,  ISO?. 

M4r  n  PLE4SE  your  Excellj-nct, 

In  convening  again  for  the  exercife  of  cpnflitution^ 
funaicns,  the  Houfe  oi  Reprefentatives  receive  with  fatisfacTion 
the  addrefs  of  your  Excellency,  and  congratulate  you  on  the  gen- 
eral health  and  profpeiity.  Organized  by  the  pubhc  will  and 
fuftained  by  the  public  confidence,  we  feel  the  deep  refpo^ibility 
devolved  on  us,  and  proceed  in  our  duties  with  mingled  diffidence 
and  zeal.  We  trull  with  a  free  and  generous  people  the  fair  inter, 
pretation  of  our  condud,  and  are  encouraged  by  the  aflurance, 
that  the  executive  department  will  co-operate  in  meafures,  calcu. 
lated  to  fecure  the  dignity  and  happinefs  of  the  Commonwealth, 
In  a  republican  government,  where  the  pop^alar  opmion  i.^ 
diftinaiy  felt  jn  every  department,  yigor  and  prudence  in  the  ex- 
ercife of  its  delegated  powers  can  never  be  expeded,  unlels  union 
and  candor  prevail.  In  vain  fhall  the  arm  of  power  be  raifed  to 
crufh  domeftic  confpiracy,  or  repel  foreign  aggreffion,  it  the  wiL 
dom  of  the  council  be  not  fecondedby  the  virtue  of  the  citizei^ 


r,  ANSWER  OF  THE  SENATE.  , 

A  zeal  in  defence  ot  national  rights,  a  reverence  for  civil  authori- 
ties, and  an  honorable  obedience  to  the  laws,  are  the  rudiments  of 
real  patri()tifm.  They  alone  can  enfure  to  us  at  home,  harmony 
and  happinefs,  and  abroad,  refpectabihty  and  confidence  ;  in  peace, 
the  undillurbed  polTellion  of  liberty,  reputation,  and  property, 
and  in  war,  the  fuccefsful  defence  of  our  families  and  our  altars. 
With  thefe  fentiments,  we  fhall  devote  ourfelves  in  concurrence 
with  your  Excellency,  to  the  promotion  of  all  meafures  neceflary, 
in  aid  of  t].:e  National  Government  to  protect  our  lawful  com- ' 
Bierce,  and  territorial  rights. 

•  The  various  fubjects,  relative  to  the  State  Prifon,  the  pay-  ', 
mcnt  of  the  public  debt,  and  the  organization  and  difcipline  of  the 
Militia,  fliall  receive  an  early  attention.  Their  intrinfic  importance 
and  the  recommendation  of  your  Excellency  at  the  present  mo, 
mcnt,  entitle  them  to  the  deliberate  confideration  of  the  Legif- 
laturo. 


ANSWER  OF  THE  SENATE. 

January  14,  180^. 

J^Lil'  ir  PLEASE  YOUR  ExCELLENCVy 

Government  being  inftituted  for  the  common 
good  ;  for  the  protection,  fafety,  profperity  and  happinefs  of  the. 
people,  our  conltituenis  have  a  right  to  expect,  that  the  authority 
with  which  they  have  entrulied  us,  fhould  be  employed  in  promot- 
ing thefe  eifential  objecls.  In  the  difcharge  of  this  duty,  the  Sen- 
ate receive  with  pleafure  your  Excellency's  aflurance  of  co-opera- 
tion and  fupport. 

The  State  Prifon  being  an  inftitution  intimately  connected 
v.ith  the  fafety  and  happinefs  of  the  people,  we  fhall  promptly  at- 
tend to  fuch  propofed  alterations  as  may  tend  to  promote  its  ufe-. 
fulnefs. 

Strongly  imprefled  with  the  importance  of  public  credit,  and 
cflablifhing  a  confidence  in  the  probity  and  good  faith  of  the  Com- 
monwealth, we  ihall  pay  fuch  attention  to  its  fifcal  concerns,  as 
that  interefting  fubject  will  at  all  times  require. 

The  ftrength  of  a  Republic  confifting  in  the  mutual  depend- 
ence and  agreement  of  its  feveral  parts,  it  becomes  the  duty  of  the 
Public  Functionaries  to  cherilh  this  important  principle.  Per- 
mii  us  to  allure  your  Excellency,  that  nothing  (hall  be  wanting  on 
our  part     to   cultivate  harmonv,    not  only  between  the    fev- 


ANSWER  OF  THE  SENATE  7 

eral  departments  of  our  State  Government,  but  alfo  to  promote 
it  in  all  our  relations  to  that  of  the  Nation,  and  our  Sifter  States. 
The  United  States,  placed  at  a  great  diftance  from  the  pow- 
erful nations  of  Europe,  have  wifely  refolved  to  take  no  part  in 
their  contentions  ;  and,  when  united  at  home,  can  have  little  caufe 
to  fear  either  their  force  or  influence.  It  is  neverthelefs  the  part 
of  a  wife  government  to  guard  againft  them.  If,however,  from  the 
operation  of  the  one  or  the  other,  our  rights,  commercial  or  terri- 
torial, are  at  any  time  menaced,  the  general  confidence  which  is 
placed  in  the  wifdom,  and  integrity  of  the  National  Admin'ftra- 
tlon,  is  a  fafe  pledge  of  that  hearty  alTiftance  and  co-operation, 
Vv'hich  will  enfure  their  complete  protection  and  defence. 


'mmmjmaaXMJSSSMlSSaamxa 


EESOLVES. 

L 

Rcfohe,  regulating  the  Ele&iojis  for  Governor,  Lieutenant  Governor ^ 
Senators  and  Counfellors,  and  for  Reprefcntatives  in  Congrefs, 

Refohed,  That  the  Secretary  of  the  Commonwealth,  be,  and  he 
is  hereby  dire(5t:ed  to  procure  five  thoufand  fets  of  copies  of  blank 
printed  returns,  proper  to  be  ufed  by  Selectmen  and  Clerks  of 
towns  and  diftri^s,  and  by  affeffors  of  plantations  in  making  out 
their  returns  of  Votes  for  Governor  and  Lieutenant  Governor, 
and  alfo  for  Senators  and  Counfellors,  and  for  Reprefentatives  in 
Congrefs,  in  a  feparate  return,  according  to  an  act  pafTed  by  the 
Legillature  at  the  prefent  feilion ;  and  tnat  he  caufe  five  fets  of 
faid  blank  printed  returns  to  be  forwarded  to  the  clerk  of  each 
town  or  diftrift,  and  to  the  AflefTors  of  Plantations  having  a  right 
by  the  Conftitution,  to  give  in  their  votes  in  the  above  elections, 
and  that  the  faid  blanks  be  according  to  the  following  fcMrms,  viz. 

At  a  legal  meeting  of  the  inhabitants  of  the  town,  [diftrid,  or 
plantation,  as  the  cafe  may  be]  of  in  the  County  of 

and  Commonwealth  of  Maflachufetts,  qualified  by 
the  Conftitution  to  vote  for  Governor  and  Lieutenant  Governor, 
'  holden  on  the  day  of  April,  being  the  firft  Monday  of 

faid  month,  in  the  year  of  our  Lord,  one  thoufand  eight  hundred 
and  for  the  purpofe  of  giving  in  their  votes  for  Gov- 

ernor and  Lieutenant  Governor  of  faid  Commonwealth.  Votes 
for  the  following  perfons  were  given  in,  forted,  counted  and  re- 
corded, and  declaration  thereof  made,  as  by  the  Conftitution  is  di- 
rected, viz. 

For  Governor, 

For  Lieutenant  Governor, 

lor  Affeffors 

7  c  7  a  r  of  the  Plan- 

>  Selectmen  of  /   .     -,    ^, 

3  •'  tatwn,}asthe 

Atteji,  cafe  may  be* 

Toivn  Cle7-k. 

At  a  legal  meeting  of  the  inhabitants  of  the  town,  [diftri<^ 

or  plantation,]  as  the  cafe  may  be,  of  in  the  County  of 

and  Commonwealth  of  Maftachufetts,  qualified  by 

the 


RESOLVES,  January  1807.  & 

the  Conflltution,  to  vate  for  Senators  and  Counfellors,  holden  on 
the  day  of  !^nl,  being  the  firft  Monday  of  diid  month, 

in  the  year  of  our  Lord,  one  thoufand,  eight  hundred  and 
for  the  purpofe  of  giving  in  their  votes  for  Senators  and  Counfel- 
lors, for  the  diftricl  of  .     Votes  for  the  following  per- 
fons  were  given  in,  forted,  and  counted,  and  record  and  declara- 
tion thereof  made,  as  by  the  Conflitution  is  directed,  to  wit, 
For 

■     lor  Afefors 

"?  o  T  ci  ^  ofthePlanta- 

>  beleclmen  of  •{.    -n         ^, 

3  iiQn\    as  the 

Atteft.  cafe  may  be» 

Town  Clerk, 

At  a  legal  meeting  of  the  inhabitants  of  the  town,  [diftricf,  or 
plantation,]  as  the  cafe  may  be,  of  in  the  County  of 

and  Commonwealth  of  Maffachufetts,  qualified  by  the 
Conftitution  to  vote  for  R  eprefentatives  in  the  General  Court, 
holden  on  the  day  of  being  the  hrfl  Monday  of 

faid  month,  in  the  year  of  our  Lord,  one  thoufand  eight  hundred 
and  for  the  purpofe  of  giving  in  their  votes  for  a  Rep- 

refentatlve  of  faid  Commonwealth,  in  the  Congrefs  of  the  United 
States,  for  the  Diftrid:.       Votes  for  the  follow- 

ing  perfons    were   given   in,  forted,  counted,  and   record  and 
declaration  thereof  made,  as  by  law  is  directed,  to  wit, 
For 

\or  AJfcffors 

^  o  r  ci  r  oftheP Uinta- 

>  b  elect  men  of  i-     -\       ^i 

3  •'  tion^\  as  the 

Atteji.  cafe  7iwy  be. 

Town  Clerk. 

And  it  is  further  refolved.  That  the  Secretary  of  the  Common- 
wealth, be,  and  he  is  hereby  directed,  to  procure  to  be  printed, 
one  thoufand  copies  of  an  aft  palled  by  the  Legillature  at  the  pref- 
ent  felTion,  entitled,  "  An  aft,  in  addition  to  the  feveral  afts  for 
regulating  eleftions,"  and  caufe  two  copies  of  the  fame  to  be  for- 
warded with  the  aforefliid  blank  returns » to  the  clerk  of  each  towTi 
or  diftrift,  and  to  the  Alfeilors  of  Plantations,  having  a  right  by 
the  Conftitution,  to  give  in  their  votes  in  the  above  eleftions* 

n. 

RefolvBy  eftablijhing  the  pay  of  the  Covncil  and  General  Court, 

January  14,  1807. 
Refolvedy  that  there  be  allowed  and  paid  out  of  the  Treafury  of 
this  Commonwealth,  to  each  of  th(.'  members  of  the  Council,  Sen- 
E  2.te, 


lt>  RESOLVES,  January  1807. 

ate,  and  Houfe  of  Reprcfentatives,  Two  DoUars  per  day,  for  each 
day's  attendance,  the  prefent  fefTion  ;  and^lje  like  fum  for  every 
ten  miles  travel,  from  their  refpeftive  places  of  abode,  to  the 
place  of  the  feflion  of  the  Legiflature.  And  be  it  further  refohed^ 
that  there  be  paid  to  the  Prefident  of  the  Senate,  and  the  Speaker 
of  the  Houfe  of  Reprefentativcs,  each  Two  Dollars  per  day  for 
each  aud  every  day's  attendance,  over  and  above  their  pay  as 
members. 

in. 

Refolve  giv'mg  the  Commonwealth's  affent  to  the  Worcejler  Turnpike 
Corporation^  to  locate  their  road  through  land  ajjigned  for  a  Gaol, 

January  14,  1807. 
Upon  the  petition  of  the  Worcefter  Turnpike  Corporation,  ac- 
companied with  a  copy  of  their  petition  to  the  Court  of  General 
ISeflions  of  the  Peace,  in  and  for  the  County  of  Worcefter,  and  the 
order  of  the  faid  Court  thereon  ;  by  all  which  it  appears,  that  the 
laid  County  now  hold  the  lot  of  Land,  on  which  the  Goal  in  fliid 
County  ftands,  under  the  grant  of  this  Commonwealth,  "  for  the 
fole^purpofc  of  erecting  and  accommodating  a  Public  Gaol  in  faid 
County,  fo  long  as  the  fame  County  fhall  maintain  a  public  Gaol 
thereon;"  and  that  the  faid  Court  have  permitted  the  faid  Corpora- 
tion to  locate  a  Turnpike  road  over  the  faid  lot  of  Land,  provided 
the  Legiflature  of  this  Commonwealth  confent  thereto. 

Refolved^  that  the  faid  Corporation  have  the  affent  of  the  Com- 
monwealth to  the  faid  pcrmiilion  ;  and  that  the  faid  Road  may 
be  located  over  the  faid  lot  of  land,  according  to  the  permiflion 
of  faid  Court,  and  that  the  faid  County  fliall  incur  no  forfeiture 
thereby* 

IV. 

Refohe,  authorizing  Ijracl  Jordan^  jun.  to  execute  a  deed  of  land, 
January  14,   1807. 

On  the  Petition  of  Eliflia  Jordan,  of  Cape  Elizabeth,  in  the 
County  of  Cumberland,  praying  for  completion  of  his  title  to  cer- 
tain lands  and  eftate  in  faid  town. 

Whereas,  Stephen  JorHr\n,  of  fliid  Cape  Elizabeth,  as  Adminif- 
trator  on  the  eftate  of  1  '  .ate  father,  Stephen  Jordan,  by  virtue  of 
a  Licenfe  from  the  Court  of  Common  Pleas  for  faid  County,  duly 
fold  at  Public  Auclion,  on  the  fecond  day  of  October,  in  the  year 
of  our  Lord  one  thoufand  feven  hundred  and  ninety-two,  the 
real  eftate,  late  of  faid  Stephen  Jordan,  inteftate,  for  the  payment 
of  his  debts  and  charges  ;  and  which  eftate  the  faid  EHfha  pur- 
chafed  at  faid  Auclion  ;  but  the  faid  Stephen,  the  fliid  Adminiftra- 
tor,  died^  before  he  gave  any  deed  of  the  lands  and  eftate  fo  pur- 
cbafed,  to  faid  Ehflia  :  And  whereas,  Ifrael  Jordan,  jun.  of  faid 
town,   has  been  appointed  Adminiftrator,    dcbonis  non,  on  the 

eftate 


RESOLVES,  January  1807.  11 

cftate  of  the  faid  Stephen  Jordan,  the  inteftate  :  And  whereas  faid 
Elilha  is  willing  to  complete  the  payment  for  faid  lands,  fo  pur- 
chafed,  on  having  a  deed  of  the  fame,  according  to  the  terms  of 
faid  purchafe,  andjuftice  requiring  that  faid  Elifha  Ihould  realize 
the  benefit  of  his  faid  contract  : 

Therefore  Refohed,  by  the  Senate  and  Houfe  of  Reprefcntatives^ 
in  General  Court  affembled^  and  by  the  authority  of  the  fame.  That  the 
iaid  Ifrael  Jordan,  jun.  in  his  faid  capacity,  be,  and  he  hereby  is 
authorized  and  empowered  to  make  and  execute  to  faid  Elilha 
Jordan,  a  deed,  conveying  all  the  right  and  title  which  the  faid 
Stephen  Jordan,  inteftate,  had  in  faid  lands,  or  real  eftate,  at  the 
time  of  his  death,  upon  payments  being  made  to  him,  by  faid 
Eliftia  Jordan,  of  all  the  monies  due  on  faid  contract,  or  the  price 
at  which  the  fame  lands  and  eftate  were  fold  at  faid  Auction,  to  be 
accounted  for  by  him  according  to  law  ;  and  fuch  deed,  fo  made 
by  faid  Ifrael  Jordan,  jun.  fliall  pafs  the  fame  eftate,  and  have  the 
fame  effed'in  law,  as  though  the  fame  had  been  made  and  execut- 
ed by  faid  Stephen  Jordan,  the  faid  Adminiftrator,  before  his 
death,  and  in  purfuance  of  the  fale  by  him  made  as  aforefaid. 

V. 

Mefohe,  granting  William  Gale,  two  hundred  dollars,  to  purchafe  Ficel^ 
and  other  articles^     January  14,  1807. 

Refohed,  That  there  be  allowed  and  paid  out  of  the  public 
Treafury  of  this  Commonwealth,  to  William  Gale^  meffenger  to 
the  Governor  and  Council,  the  fum  of  two  hundred  dollars,  to 
enable  him  to  purchafe  fuel,  and  other  neceflary  articles,  for  the 
Council  Chamber,  and  Secretary's  OfEce,  he  to  be  accountable  for 
Xhe  expenditure  of  the  fame. 

VI. 

Refohe,  on  the  petition  of  Jafon  Bigelow.     January  14,  1807« 
On  the  petition  of  Jafon  Bigelow,  guardian  of  Calvin  Dean,  o£ 
Brookfield,  in  the  County  of  Worcefter,  an  infane  perfon : 

Refolved,  That  the  prayer  of  the  petition  be  granted,  and  that 
the  faid  Jafon  Bigelow  be  authorized  and  empowered,  and  he  is 
hereby  authorized  and  empowered  to  vcft  a  fum  of  money,  not 
exceeding  one  thoufand  and  forty-one  dollars,  and  eigiity-feven 
cents,  in  real  eftate,  in  the  name  of  and  for  the  ufe  of  faid  Calvin 
Dean,  taking  care  that  the  eftate  to  be  fo  purchafed,  be  in  fuch  a 
lituation,  and  under  fuch  circumftanccs,  that  the  fame  may  be  im- 
proved towards  the  fubfiftence  and  comfort  of  the  faid  Calvin 
l3ean  ;  and  the  Judge  of  Probate,  for  the  County  of  Worcefter, 
be,  and  he  is  hereby  authorized,  on  being  iatisfied  that  the  faid 
Jafon  Bigelow  has  complied  with  the  objed  and  intention  of  this 

Refolve, 


12  RESOLVES,  January  1807. 

RefolvG,  to  allow  and  pafs  to  the  credit  of  faid  Jafon  Bip;elow,  in 
the  accounts  of  his  guardianfliip  of  tlic  cftate  of  faid  Calvin  Dean, 
fuch  fum  as  he  fhall  expend  in  the  purchafe  of  real  eftate,  accord- 
ins:  to  this  Refolve. 
^  VII. 

Refolve^  dlfcharging  the  Committee  appointed  in  June  laji^  to  purchafe 
Books  for  the  ife  of  the  Houfe.     January  15,  1807. 

Refohcd,  That  Perez  Morton,  Jofcph  Story,  and  Benjamin 
Whitman,  Efqu'.res,  be,  and  hereby  are  difchargcd  from  the  fum 
of  three  hundred  dollars,  granted  and  paid  to  tliem,  by  a  Refolve 
of  the  General  Court  of  the  24th  of  June  laft,  for  making  addi- 
tions to  the  Library  of  the  Houfe  of  Reprcfentatives,  they  hav- 
ing purchafed  one  hundred  and  ten  volumes,  w^hich  coft  two 
hundred  ninety-eight  dollars  and  eighty-fix  cents,  and  that  faid 
committee  return  the  rcraainin<r  balance  of  one  dollar  and  four- 
teen  cents  to  the  Treafury  of  the  Commonwealth. 

VIIL 

Refolve,  on  the  petition  of  Charles  W.  Hare,  direHing  the  Committee 

on  Eajlcrn  Lands  to  deliver  certain  deeds   of  lands  fold  to  William 

Bingha?n.      January  17,   1S07. 

On  the  petition  of  Charles  W.  Hare,  afting  Executor  and  De- 
vifee  in  trull  of  WiUiam  Bingham, 

Refolved,  for  reafons  fet  forth  in  faid  petition,  that  the  agents 
for  the  fale  of  eaftern  lands,  be,  and  hereby  are  authorized  and  di- 
recled,  to  deliver  to  the  faid  Charles  W.  Hare,  or  to  the  legal  rep- 
rcfentatives of  William  Bingham,  all  the  deeds  of  lands  fold  by 
the  faid  Commonwealth,  to  faid  Bingham,  for  which  payment  has 
been  made  ;  and  all  the  obligations  of  faid  Bingham,  relative  to 
faid  lands,  and  that  the  heirs  and  eftate  of  faid  Bingham,  be  dif- 
charged  from  all  demands  relative  to  faid  lands  :  Provided  hoiuever, 
t|iat  the  laid  Hare,  within  fix  months  from  the  pafling  of  this  Re- 
folve, and  before  the  delivery  of  the  deeds  and  obligations,  afore- 
faid,  ftiajl  caufe  to  be  given  to  the  Commonwealth,  one  or  more 
fufficient  bond  or  bonds,  not  exceeding  five,  in  the  whole  number, 
and  amounting  in  the  whole,  to  the  penalty  of  eighty  thoufand 
dollars  ;  which  bonds  Ihall  be  executed  by  perfons  refident  within 
this  Commonwealth,  \yith  fufficient  furety  or  fureties,  to  the  fat- 
jsfaclion  of  faid  a2:ents,  with  condition  that  the  oblio-ors  in  each 
bond  fhall  caufe  a  proportionate  number  of  fettlers,  amounting  to^. 
twenty-five  hundred,  in  the  whole,  to  be  placed  on  the  tracts  of 
land  fold  to  faid  Bingh:im,  including  all  that  have  already  been 
placed  thereon,  (which  lall  number  fliall  be  afccrtained,  to  the  fat- 
isfadion  of  faid  agents)  within  fix  years  from  the  firft  day  pf  June 

next, 


RESOLVES,  January  1807.  IS 

next,  or  pay  to  the  Commonwealth  thirty  dollars  for  each  perfon 
that  fhall  then  be  deficient,  of  the  whole  number :  Provided  alfoy 
that  not  lefs  than  one  thoufand  of  faid  fet tiers  ihall  be  placed  on 
the  trad  called  the  Kennebcck  traft. 

IX. 

Refohe  for  printing  Laws.     January  1 9,  1 807- 

Refolved,  That  Jofeph  Story,  Edward  St.  Loe  Llvermore,  and 
Holden  Slocum,  Efq'rs.  be  a  committee  in  behalf  of  this  Common- 
wealth, to  contraft  with  fome  perfon  or  perfons  for  printing  for 
the  ufe  of  tlie  Commonwealth,  one  thoufand  copies  of  the  public 
and  general  laws  of  the  late  Colony  and  Province  of  Maflachu- 
fetts  Bay,  or  fuch  parts  thereof  as  they  may  deem  proper,  in  a  vol- 
ume or  volumes,  which  fhall  be  bound  and  lettered,  and  fhall  con- 
form in  fize  with  thofe  puWilhed  purfuant  to  a  refolve  of  the  Gen- 
eral Court,  paflad  the  28th  day  of  February,  in  the  year  of  our 
Lord,  one  thoufand  feven  hundred  and  ninety-nine^  and  fliall  have 
proper  indexes  and  marginal  references. 

X. 

Refohe,  appointing  Mr.  Jonathan  Brownell,  guardian  to  Indians ,  re/I" 
dent  in  Troy.     January  21,  1807. 

Upon  the  petition  and  reprefentation  of  Jonathan  Brownell,  in 
behalf  of  Daniel  Ward,  an  Indian,  and  other  Indians,  rehdent  in 
the  town  of  Troy,  in  the  County  of  Briilol,  that  faid  Ward,  and 
about  forty  other  Indians,  male  and  female,  all  living  in  faid  town 
of  Troy,  poflefs  between  two  and  three  hundred  acres  of  land 
within  faid  town  of  Troy,  and  that  the  income  of  faid  land  as 
managed  at  prefent,  is  incompetent  to  their  fupport,  that  faid  In- 
dians are  at  prefent  in  neceiTitous  circumftances,  and  need  the  in- 
terpolition  of  the  General  Court  in  their  behalf. 

Therefore  Refolved,  That  Mr.  Jonathan  Brownell  be  appointed 
guardian  to  faid  Indians,  with  power  to  take  care  and  provide  for 
faid  Indians,  and  to  improve  faid  land  for  their  ufe.  And  the 
faid  guardian  fhall  have  and  poffefs  like  pOwer  over  faid  Indians, 
and  their  faid  real  and  perfonal  eftate,  and  like  powers  over  their 
perfons  and  effects  as  guardians  to  minors,  by  law,  now  have  over 
the  perfons,  cffeds,  and  eftates  of  their  fiid  wards,  by  virtue  of  an 
appointment  of  guardianfhip,  by  any  Judge  of  Probate  in  this  Com- 
monwealth ;  and  fiid  guardian  fhall  give  bond  with  fuflicient  fure- 
ty  in  the  fum  of  two  thpufmd  dollars  to  the  Judge  of  Probate, 
within  and  for  the  County  of  Briftol,  before  faid  guardian  enters 
upon  the  execution  of  his  faid  office,  conditioned  faithfully  to  ex- 
ecute. 


J4  RESOLVES,  January    1807^ 

ccute  the  duties  of  his  faid  appointment,  and  to  account  annually 
to  faid  Judge  of  Probate,  for  the  proceeds  of  all  the  property  of 
faid  Indians,  together  with  all  proceeds  of  labour  of  laid  Indians, 
which  faid  Guardian  may  have  received.  And  faid  guardian  fhall 
aifo  be  under  oath  faithfully  to  execute  the  faid  duties  of  his  ap- 
pointment aforefaid. 

XT. 

Refolve^  granting  Hon.  Jonaihan  Jack  fen,  Efq.  late  Treafurer,  Eighty 
Seven  Dollars  and  Sixty-Eight  Cents.     January  21,  1807. 

Re/oived,  that  there  be  allowed  and  paid  out  of  the  Treafury  of 
this  Commonwealth,  to  Jonathan  Jackfon,  Efq.  late  Trcafurer 
thereof,  the  fum  of  Eighty-Seven  Dollars  and  Sixty-Eight  Cents, 
in  full  compenfatian  for  fixteen  days'  fervice  in  the  Treafury  Of- 
&ce  iince  the  fourth  day  of  June,  now  laft  paft,  and  of  all  claim  for 
Services  rendered  in  the  faid  office  of  Treafurer. 

XII. 

Re/hlve,  authorizing  Sarah  and  Silas  Whitconib,  of  Bolton,  to  execute  a 
Deed  to  J  of eph  Houghton,  jun.     January  21,   1807. 

On  the  petition  of  Sarah  Whitcomb  and  Silas  Whitcomb,  Ad- 
jtniniilrators  on  the  Eftate  of  Afa  Whitcomb,  late  of  Bolton,  in 
the  County  of  Worcefter,  Efq.  deceafed,  praying  that  they  may  be 
empowered  to  make  and  execute  a  deed  of  conveyance  of  a  cer- 
tain tract  of  Land,  fituate  in  faid  Bolton,  and  mentioned  in  faid 
petition. 

Refolvsd,  for  reafons  fet  forth  In  faid  petition,  that  Sarah  Whit- 
comb and  Silas  Whitcomb,  Adminiftrators  as  aforefaid,  be,  and 
they  hereby  are  empowered,  in  their  faid  capacity,  to  execute  and 
deliver  to  Jofe^ih  Houghton,  jun.  of  fliid  Bolton,  a  Deed  in  fee 
iimple,  of  all  the  right  and  title,  which  the  faid  Afa  Whitcomb,  in 
his  life  time,  had  in  and  to  fifteen  acres  and  five  rods  of  land, 
with  the  buildings  thereon,  now  occupied  by  faid  Houghton,  fitu- 
ate in  the  north-eafterly  part  of  faid  Bolton,  and  bounded  wefterly 
on  land  late  Paul  Sawyer's,  deceafed  ;  fouth-wefterly  on  land  of 
Samuel  Wheeler  ;  fouth-eafl:erly  on  land  of  Richard  Whitcomb  ; 
eafterly,  north-cafi:crly  and  northerly,  on  land  of  faid  Richard 
Whitcomb  and  Joel  Whitcomb  ;  he  the  faid  Jofeph  Houghton,  jun. 
firft  having  paid  Three  hundred  and  thirty-three  Dollars  and  thir- 
ty-three Cents,  as  a  confideration  for  faid  land  ;  and  that  faid 
deed  executed  as  aforefaid  Ihall  be  valid  in  law  in  the  fame  manner 
as  if  nude  and  executed  by  the  faid  Afa  in  his  life  time. 

Refolvc, 


RESOL\^S,  January  1807.  tS 


XIII. 


Refolve^  on  the  petition  of  Silas  Ho/man,  authorizing  Abraham  Hoi- 
man  to  execute  a  deed,     January  21,  1807. 

On  the  petition  of  Silas  Holman,  and  Abraham  Holman,  Ad- 
miniftrators  of  the  eftate  of  Abraham  Hohnan,  late  of  Bolton, 
in  the  County  of  Worcefter,  deceafed,  Abigail  Holman,  widow  oi 
faid  deceafed,  Jonathan  Nurfe,  and  Silas  Whitcomb,  Guardians  of 
faid  deceafed's  minor  children,  praying  that  Abraham  Holn.an, 
Adminiftrator  iforefaid,  may  be  authorized  to  make  and  exe- 
cute a  deed  of  rei^afe  to  the  aforefaid  Silas  Holman,  of  fo  much  of 
certain  lands  lying  in  common  and  undivided,  between  the  faid 
Silas,  and  the  heirs  of  faid  deceafed,  as  has  been  fet  off  to  the  faid 
Silas,  by  Commiffioners  appointed  by  the  Judge  of  Probate  for 
the  fsid  County  of  Worcefter,  and  in  exchange  therefor,  to  receive 
of  the  faid  Silas  Holman,  a  deed  of  releafe  to  faid  heirs,  of  all  faid 
common  and  undivided  lands  fet  off  by  faid  Commiffioners  to  laid 

heirs  : — 

Refolved,  For  reafons  fet  forth  in  faid  petition,  that  Abraham 
Holman,  Adminiftrator  as  aforefaid,  be,  and  he  is  hereby  author- 
ized and  empowered  to  make  and  execute  a  good  and  fufficient 
deed  of  releafe  to  the  aforefaid  Silas  Holman,  his  heirs  and  affigns, 
of  all  the  right  and  title  holden  by  the  heirs  of  faid  deceafed,  in 
and  unto  the  lands  fet  to  the  aforefaid  Silas,  by  faid  Commiffion- 
ers :  Provided^  the  faid  Silas  make  and  execute  a  good  and  fuffi- 
cient deed  of  conveyance  to  the  heirs  of  faid  deceafed,  their  heirs 
and  aftigns,  of  all  the  right  and  title  held  by  him,  the  faid  Silas,  i^n 
and  unto  the  lands  fet  to  laid  heirs  as  aforefaid,  and  that  faid 
deeds,  executed  as  aforefaid,  fliali  be  valid  in  law. 

XIV. 

Refolve,  on  the  petition  of  John  Burns,  and  others,  authorizi?:g  the  Go'v- 
ernor  to  raife  a  Light  Infantry  Company^  in  Gloucejhr,  January 
26,   1807. 

On  the  petition  of  John  Burns,  and  others,  inhabitants  of  the 
fifth  parifti  of  Gloucefter,  in  the  County  of  Eifex,  praying  for 
leave  to  raife  a  Light  Infantry  Company  : 

Refolved,  That  His  Excellency  the  Governor,  with  the  advice 
and  confent  of  Council,  be,  and  he  is  hereby  authorized  to  raife, 
by  voluntary  enliftment,  a  company  of  Light  Infantry,  in  the 
town  of  Gloucefter,  in  the  County  of  Eflex,  to  be  called  by  the 
name  of  The  Gloucejier  Light  Infantry  :  Provided,  the  ftanding 
Companies  in  laid  town,  fiiall  not  be  reduced  below  the  number 

required 


'16  RESOLVES,  January  180T. 

required  by  law  ;  and  when  fo  raifed,  to  be  annexed  to  the  feC' 
ond  regiment,  firft  brigade  and  fecond  divifion  of  the  MiHtia  of 
this  Commonwealth,  and  fliall  be  fubject  to  all  fuch  rules,  regula- 
tions and  reftriclions,  as  are,  or  may  be  provided  by  law,  for  the 
government  of  the  Militia  of  this  Commonwealth. 

XV. 

Refolve^  gra?ithg  Nathan  Da'vis  liberty  to  fell  the  real  ejiate  of  Setb 
Braky ^  of  New-Bedford.     January  26,  1807. 

On  the  petition  of  Nathan  Davis,  Guardian  to  Seth  Bralcy,  of 
New-Bedford,  in  the  County  of  Briftol,  a  non  compos  mentis, 
praying  liberty  to  fell  the  real  eftate  of  the  faid  Seth  Braley  : 

Refched,  For  reafons  fet  forth  in  faid  petition,  that  the  faid 
Nathan  Davis,  Guardian  of  the  faid  Seth  Braley,  as  aforefaid,  be, 
and  is  hereby  authorized  and  empowered  to  fell  and  convey  by 
deed,  in  fee  limple,  all  the  real  cftate  of  the  faid  Seth  Braley,  to 
any  perfon  or  perfons,  who  will  olfer  the  mod  therefor,  at  Public 
Auction,  upon  fuch  terms  and  conditions,  as  the  faid  Nathan  Da- 
vis may  think  proper  and  confiftent  with  the  intereft  of  faid  eftate  : 
Provided^  that  the  fiiid  Nathan  Davis  firft  give  bond,  with,  fuffi- 
cient  furetics,  to  the  Judge  of  Probate  for  the  County  of  Briftol, 
for  the  pr'oceeds  of  the  fale  thereof,  conditioned  that  he  will  well 
and  truly  obferve  all  the  rules  and  regulations  relative  to  the  fale 
aforefaid,  in  the  fame  way  and  manner  as  is  provided  by  tUe 
laws  of  this  Commonwealth,  in  cafes  where  Guardians  fhall  have 
been  empowered  by  the  Supreme  Judicial  Court,  or  by  any 
Court  of  Common  Pleas,  to  make  fale  of  the  real  eftate  of  their 
wards,  for  the  payment  of  debts,  or  for  their  fupport. 

XVI. 

Refolve^  on  the  petition  of  Jonathan  Rhea,  of  Neiv-Jerfey,  granting 
further  time  for  fettlement  of  No.  1 ,  and  No.  2,  /;;  tract  of  land  called 
J,  in  the  County  ofl^ork.     January  28,  1807. 

On  the  petition  of  Jonathan  Rhea,  of  the  city  of  Trenton,  in 

the  State  of  New-Jerfey  : 

Refokoedy  For  reafons  fet  forth  in  faid  petition,  that  a  further 
time  of  fix  years  from  the  lirft  day  of  March  next,  be  allowed  to 
the  (liid  Rhea,  his  heirs  and  afligns,  to  fettle  twenty  five  families 
upon  each  of  the  townftiips  No.  one,  and  No.  two,  in  that  tract 
lying  in  the  County  of  York,  called  the  A,  as  the  fame  was  fur- 
.  veyed  by  Ephralm  Ballard,  in  the  year  1795. 

And,  that  if  the  faid  Rhea,  his  heirs  or  aiiigns,  fliall,  within  faid 
•time  iiettle  the  laid  number  of  families,  inclucling  what  may  be  al- 
ready 


'  RESOLVES,  January  1807*  17 

ready  there,  on  each  of  faid  townlhips,  that  then  the  eftate,  right, 
and  title  thereto  of  the  faid  Rhea,  his  heirs  and  aiiigns,  Hiall  be  as 
valid,  full  and  ef?:xa:ual  to  all  intents  and  pnrpofes,  as  if  the  condi- 
tions of  fcttlement  expreiled  in  the  original  deeds,  given  of  faid 
Townfliip,  by  the  committee  appointed  by  the  General  Court  to 
fell  and  convey  the  unappropriated  lands  in  thcDiftrict  of  Maine, 
had  been  fully  and  feafonably  complied  with.  Provided  neverihc- 
Icfs^  that  the  faid  Rhea,  fliail,  on  or  before  the  firft  day  of  Octo- 
ber next,  give  bond  to  this  Commonwealth,  in  the  fum  of  two 
thoufand  dollars,  v.-ith  fufficient  furety  or  fureties  to  the  fatisfac- 
tion  of  the  agents  for  the  fale  of  eaftern  lands,  conditioned  that 
the  faid  number  of  twenty  five  families,  fhall,  within  the  laid  term 
of  fix  years  be  fettled  on  each  of  faid  Townfiiips. 

XVIII. 

Refolve^  o?i  the  petition  of  Andrew  M'Dowell  and  others,  authorizing  a 

Compayiy  of  Light  hifantry  to  be  raifed  in  Fort  land, 

January  28,  ISO?. 

On  the  petition  of  Andrew  M'Dowell  and  others,  inhabitants 
of  the  town  of  Portland,  in  the  County  of  Cumberland,  praying 
for  leave  to  raife  a  Light  Infantry  Company, 

Refohcd,  That  his  Excellency  the  Governor,  with  advice  of 
Council,  be,  and  he  is  hereby  authorized,  to  raife  by  voluntary  en- 
liftment  a  company  of  Light  Infantry  in  the  tov\^n  of  Portland,  in 
the  County  of  Cumberland,  to  be  called  by  the  name  of  the  Me- 
chanic Blues  ;  Provided,  the  Handing  companies  in  faid  town 
lliall  not  be  reduced  below  the  number  required  by  law  ;  and 
when  fo  raifed,  to  be  annexed  to  the  firft  Re2:iment,  fecond  Bri?-- 
ade,  and  fixth  Divifion  of  the  Militia  of  this  Commonwealth,  and 
ihall  be  fubjecl  to  ail  fiich  rules,  regulations  and  reftriftlons,  as  are, 
or  may  be  provided  by  lav/  for  the  governmeni  of  the  Militia  of 
this  Commonwealth. 


Refolve,  on  the  petition  of  John  Hodgdon,  granfmg  further  time  for  the 
fettlernent  oftwohafTownfhips»      January  29,  1807. 

On  the  petition  of  John  Hodgdon,  a  principal  proprietor  in  the 
two  half  townfhips  in  the  Diftrict  of  Maine,  adjoining  the  Britilii 
dominions,  which  v/ere  laid  out  in  Durfu^mce  of  Grants  made  to 
the  Truftees  of  Groton  Academy,  and  the  Truftees  of  Weftford 
Academy  refpeftively,  by  a  Refolve  of  the  General  Court,  paiTed 
on  the  27th  day  of  Februaryj  in  the  year  of  our  Lerd,  1797. 

Refohcd, 


13  RESOLVES,  January  1807. 

^  Rcfolyed,  For  reafons  fet  forth  in  faid  petition,  that  a  further 
time  of  lix  years  from  and  after  the  firft  day  of  June  next,  be,  and 
hereby  is  allowed  to  the  proprietors  of  the  faid  half  townfhips  to 
comply  with  the  conditions  of  fettlement,  refpeding  the  fame,  re- 
ferved  and  expreffed  in  the  grants  thereof,  and  in  the  deeds  of 
conveyance,  made  in  purfuance  of  faid  grants  refpeclively.  And 
if  the  faid  proprietors  fhall,  within  the  faid  time  fettle  upon  the 
faid  half  townfhips  refpedively,  the  number  of  families  in  faid 
grants  and  deeds  exprefled  and  required,that  then  the  eftate,  rio-ht 
and  title  thereto  of  the  faid  proprietors,  their  heirs,  and  affif-^s, 
fhall  be  as  valid,  full  and  effeclual,  to  all  intents  and  purpofes,  as  if 
the  faid  condition^  of  fettlement,  had  been  fully  and  feafonably 
complied  with  :  Frovided,ihe  faid  John  Hodgdon, fhall, on  or  before 
the  firftday  of  Oftober  next,  give  bond  to  this  Commonwealth,  in 
the  fum  of  one  thoufand  dollars,  witii  fufficient  furety  or  fureties, 
to  the  fatisfadion  of  the  Committee  for  the  fale  of  eaftern  lands, 
conditioned  that  there  fliall  be  fettled  on  the  faid  half  townfhips, 
the  number  of  families  expreiled  in  the  faid  original  deeds,  with- 
in the  faid  term  of  fix  years. 

XX. 

Re/ohe,  granting  half  a  ioivnjhip  of  land  to  Monfon  Academy. 
January  31, 1807. 

On  the  petition  of  the  Agents  of  the  Truflees  of  the  Monfon 
Academy,  that  they  may  be  endowd  with  a  half  townfliip  of  land  : 

Refolvedy  For  reafons  fet  forth  in  laid  petition,  that  tliere  be  and 
hereby  is  granted  to  the  Truflecs  of  laid  Academy  and  to  their 
luccelibrs  forever,  one  half  of  a  townfliip  of  land  of  the  contents 
of  fix  miles  fquare,  out  of  any  of  the  unappropriated  lands  in  the 
diftricT:  of  Maine,  exceptingthe  ten  townfhips  lately  purchafed  of  the 
Pcnobfcot  Indians,  to  be  laid  out  under  the  direftion  of  the  Agents 
for  the  fale  of  eaflern  lands,  and  in  fiich  place  as  they  fliall  direct ; 
who  are  hereby  authorized  and  directed  to  give  a  good  and  fuffi- 
cient deed  of  the  fame  to  the  fiid  Truflees,  fubjedt  to  the  ufual 
refervations  and  conditions  of  fettlement. 

Provided  alfo.  That  the  Truftees  of  faid  Monfon  Academy  fhaU 
caufe  the  faid  half  townfliip  to  be  furveyed  and  located,  and  a  plan 
thereof  returned  into  the  land  office,  within  the  term  of  three, 
years  from  the  date  of  this  Refolve.  Refolvcdy 


RESOLVES,  January  1807„  19 

XXL 

Mefohe,  on  the  petition  of  Mary  Sigourney,  authorizing  the f ale  of  certain 
real  eflate,     January  31,  1807. 

On  the  petition  and  reprefentation  of  Mary  Sigourney,  of  Bof. 
ton,  in  the  county  of  Suffolk,  widoNv,  and  relid  of  Charles  Sigour- 
ney, late  of  faid  Bofton,  merchant,  deceafed,  in  her  own  behalf, 
and  alfo  in  behalf  of  certain  children  of  faid  Charles  Sigourney,  de- 
ceafed, and  minors  to  whom  fhe  is  guardian  ;  William  Parfons,  of 
faid  Boilon,  Merchant,  in  behalf  of  another  child  of  faid  Charles 
Sigourney,  deceafed,  a  minor,  to  whom  the  faid  Vv^illiam  Parfons, 
is  guardian  j  and  Charles  Sigourney  of  the  city  of  Hartford,  in  the 
State  of  Connedicut,  and  Henry  Sigourney,  of  faid  Bofton,  mer- 
chants, and  children  of  faid  Charles  Sigourney,  deceafed,  ftating, 
that  by  the  laft  will  and  teftament  of  the  faid  Charles  Sigourney, 
deceafed,  the  faid  Mary  is  entitled  to  the  ufe  and  improvement  of  a 
certain  mortgage,  with  the  appurtenances,  fituate  in  faid  Bofton, 
and  bounding  on  Green  Street,  fo  long  as  Ihe  remains  his  widow ; 
and  that  all  the  faid  children  of  the  laid  Charles  Sigourney,  de- 
ceafed, are  entitled  to  the  remainder  thereof  ;  and  for  reafons  fet 
forth  in  faid  petition,  praying  that  fome  fuitable  perfon  may  be 
appointed  to  fell  and  difpofe  of  all  the  minors'  interell  in  laid 
prem.ifes. 

Refohed,  That  the  above  named  Henry  Sigourney,  be,  and  he 
is  hereby  authorized  to  fell  and  by  good  and  fufhcient  deed  or 
deeds  duly  acknowledged  and  recorded,  to  convey  all  the  intereft 
of  the  faid  minors  in  the  faid  premifes  to  any  perfon  or  perfons  as 
he  Ihall  think  for  the  beft  intereft  of  the  faid  minors  :  Provided^, 
That  the  faid  Mary  Sigourney,  the  widow,  and  the  faid  two  chil- 
dren of  the  faid  Charles  Sigourney,  who  are  novv^  of  full  age,  {hall 
alfo  convey  to  the  fame  purchafer  all  their  refpedive  interefts  in 
faid  premifes,  and  that  the  proceeds  of  the  fale  of  the  whole  of 
faid  eftate,  Ihall  be  paid  over  to  the  faid  Henry  Sigourney,  to  be 
difpofed  of  as  hereafter  directed  ;  and  provided  further,  that  the 
faid  Henry  Sigourney  fhall  firft  give  bond  to  the  Judge  of  Probate, 
for  the  Couiity  of  Suffolk,  for  the  time  being,  and  his  fucceilors  in 
faid  office,  in  a  fum  and  with  fureties  to  the  fatisfadion  of  the  faid 
Judge,  with  condition  that  he  will  put  out  at  intereft  on  good  fe- 
curity,  or  in  fuch  ftocks  or  funds  as  he  fliall  judge  moft.  for  the  ad- 
vantage of  all  concerned,  all  fuch  monies  as  he  ftiall  become  pof- 
fcffed  of  in  virtue  of  this  refolve  ;  and  that  he,  or  his  executors,  or 
adminiftrators.  ftiali,  from  time  to  time,  pay  the  whole  intereft  or 
income  thereof,  to  the  faid  INIary  Sigourney,  fo  long  as  ftie  re- 
mains the  v/idow  of  the  faid  Charles  Sigourney,  deceafed,  in  like 
manner  as  fhe  is  now  entitled  by  the  will  aforeiaid,  to  the  ufe  and 

improvement 


20  RESOLVES,  January  1807. 

improvement  of  faid  real  eftate  ;  and  that  he  the  faid  Henry  Sig- 
ourncy,  or  his  executors,  or  adminiftrators,  Ihall,  immediately  on 
the  death  or  marriage  of  the  faid  Mary  Sigourney,  whichever 
fliall  firft  happen,  deliver  over  to  the  above  named  children  of  the 
faid  Charles  Sigourney,  or  their  legal  reprcfcntatives,  their  refpec- 
tive  fhares  of  the  principal  fum  that  fliall  come  into  his  polTeflion 
by  virtue  of  this  refolve,  with  all  bonds,  mortgages,  and  fureties 
whatfoever  relating  thereto,  in  like  manner,  and  in  the  fame  pro- 
portions, as  faid  children  are  by  the  will  aforefaid  entitled  to,  and 
interefted  in  faid  real  eftate  ;  and  further,  that  the  faid  Henry  Sig- 
ourney, and  executors,  or  adminiftrators,  ftiall.  at  all  times  when 
reafonably  required,  render  his  and  their  juft  true  accounts  to  all 
the  parties  concerned  of  all  their  doings  in  the  premifes. 

SXI. 

Refol-ve,  for  dijtribuiing  the  Laixjn,  ivhich  are  cr  may  be  printed  by 
direction  of  the prefent  General  Court.     January  SI,  1807. 

Rcfohed,  That  the  editions  of  the  laws  of  this  Commonwealth, 
prijuc((,  or  to  be  printed  purfuant  to  a  rcfolvc  paffed  the  nine- 
teenth day  of  June,  in  the  year  of  our  Lord,  one  thoufand  eight 
hundred  and.fix,  or  purfuant  to  any  refolve  or  refolves  pafled,  or 
v.'hich  Ihall  be  pailed  during  tlie  prefent  feflion  of  the  General 
Court  of  this  Connnonwealth,  be  diUributed  by  the  Secretary  in 
the  following  manner,  viz.  To  the  clerk  of  each  town  or  diftrict, 
jind  to  tlie  alteiTors  of  each  plantation  within  this  Commonwealth 
which  pays  a  State  tax,  one  fet  for  the  ufe  of  fach  town,  diftricl  or 
plantation  ;  to  each  County  clerk  of  the  Supreme  Judicial  Court, 
one  fet  ;  to  each  clerk  of  the  Court  of  Common  Pleas  and  Gener- 
al Selfions  of  the  Peace,  one  fet  for  the  ufe  of  their  refpectivc 
Courts,  within  the  feveral  Counties  ;  to  each  Judge  of  the  Su- 
preme Judicial  Court,  one  fet  ;  to  the  Sheriff  of  each  County,  and 
to  the  Judges  of  Probate  in  the  feveral  Counties,  one  fet  each  ;  to 
the  Attorney  General,  Solicitor  General,  Quarter  Mafttr  General, 
and  Adjutant  General,  one  fet  each  ;  to  the  Prefident  of  the  Uni- 
ted States,  the  Senate,  and  Houfe  of  Reprefentatives  of  the  United 
States,  and  for  Library  in  Congrefs,  one  fet  each  ;  to  the  Juftices 
<^fthe  Supreme  Court  of  the  United  States,  and  to  the  two  diftrict 
Judges  in  this  State,  one  fet  each  ;  to  the  Univerfity  of  Cambridge, 
to  Wiiliamftown  and  Bowdoin  Colleges,  to  the  American  Academy 
of  Arts  and  Sciences,  and  to  the  Malfachufetts  Hiftorical  Society, 
one  fet  each  ;  to  his  Excellency  the  Governor,  to  each  member 
of  the  prefent  honorable  Council,  to  the  Prefident  and  each  mem- 
ber of  the  prefent  Senate,  io  the  Speaker  and  each  member  of  the 
prefent  Houfe  of  Reprefentatives  pf  this  Connnonwealth,  one  fet 

eacli  ', 


[RESOLVES,  February  1807.  21 

cadi ;  to  the  Treafurcr  and  Secretary  of  this  Commonwealth, 
and  to  the  Clerk  of  the  Senate,  and  the  Clerk  of  the  Houfe  oi 
Reprefentatives,  one  fet  each. 

And  be  it  further  refohed^  That  upon  the  death,  refignatlon,  or 
removal  from  office  of  either  of  the  clerks  of  the  aforefaid  towns, 
or  diftrids,  or  Courts  of  Law,  Judges  of  Probate,  Sheriff,  Trealur- 
er,  AffefTors  of  Plantations,  Attorney  General,  Solicitor  General, 
Adjutant  General,  and  Quarter  Mafter  General,  each  of  them  re- 
fpeclively,  his  executors  and  adminiftrators  fliall  be  held  and  obh- 
ged  to  deliver  over  the  fame  fct,  which  fhall  have  been  received, 
as  afore  provided,  to  his  and  their  fucceffor  and  fuccelTors  in  of- 
fice, for  the  ufe  of  their  refpedive  offices, 

XXIL 

Refohe,  appointing  a  Ccnunittee  to  contra^  for  tzvehe  hundred  copies 
,of  Statute  Laws,  from  1780  to  1800,  inclufi've,     Feb.  S,  1807. 

Refolded,  That  Mr.  Story,  Mr.  Sullivan,  and  Mr.  Bangs,  be  a 
committee  in  behalf  of  this  Commonwealth,  to  contra<5f  with  any 
perfon  or  per  Ions,  for  twelve  hundred  copies  of  a  new  edition  of 
l\ich  laws  of  this  Commonwealth  as  were  publiflicd  purfuant  to  a 
refolve  palled  the  twenty-eighth  day  of  February,  in  the  year  of 
our  Lord,  one  thoufand  feven  hundred  and  ninety  nine.  The 
faid  new  edition  to  be  comprifed  in  two  volumes,  of  fize,  type  and 
paper,  fimilar  to  thofe  ufed  in  the  former  edition  above  mention- 
ed, and  together  with  proper  indexes  to  be  bound  and  lettered. 

XXIIL 

Refolve^  granting  SuperintendeTit  of  State  Prifo7i,  balance  of  his  account 

February  4,  1 807. 

The  Committee,  to  whom  was  referred  the  accounts  of  Daniel 
Jackfon,  Efq.  Superintendent  of  the  State's  Prifon,  have  attended 
to  that  fervice,  and  beg  leave  to  report,  that  they  have  examined 
the  different  charges  in  £aid  accounts,  with  the  vouchers  that  ac- 
company the  fame,  amounting  to  nineteen  thouiand,  one  hundred 
and  thirty-feven  dollars,  and  twenty-feven  cents  ;  which  lum  it 
appears  has  been  expended  in  completing  the  building,  fmifliin.^ 
the  apartments,  and  purchafmg  mechanic  tools  and  materials,  to 
employ  the  convids,  as  follows  : 


Sundry 


^.  RESOLVES,  February  1807. 

If.  c. 
Sundry  bills  for  furniture,  (lores,  funnels,  locks,  car- 
penter and  mafons'  work,  and  alarm  bell,  per  bills,  1341  5 
Wood,  coal,  provifions,  ftationery,  &c.  per  bills,  5120  68 
Amount  of  the  falaries  of  officers,  4474  81 
Paid  in  tranfporting  prifoners,  383  57 
Paid  for  apprehending  prifoners,  retaken,  399  58 
Sundry  bills  for  the  food  and  clothing  of  the  prifoners,  2594  7 
Do.         do.  for  ftock  and  raw  materials  in  blacklmith's 

department,  606  65 

Do.  ftock,  materials  and  tools,  in  foundery  department,  2268     9 

Bo.    do.                  do.                  fhoe-maker's    do.  922  51 

Do.    do.                  do.                  carpenter's       do.  363  24 

Do.    do.                    do.                   tailor's              do.  335  53 

Medicine,  and  other  fbpplies  in  hofpital  department,  213  46 

Paid  for  books,  and  fundries,  fupplied  by  the  Chaplain,  1 1 3  85 

Aggregate,  19,137  27 


To  enable  the  Superintendent  to  difcharge  his  duty, 
your  Committee  find  that  he  has  received,  by  war- 
rants on  the  Trcalury,  at  different  times,  17,880  25 

That  he  received  in  ca£h,  for  work  done  by  the  con- 

vias,  ^  770  77 

Leaving  a  balance  due  to  the  Superintendent  from  the 

Commonwealth,  486  25 

19,137  27 


Your  Committee  beg  leave  further  to  report,  that  it  appears  by 
a  Schedule,  taken  by  the  Superintendent,  on  the  firft  of  Decem- 
ber laft,  that  there  were  at  that  time,  in  and  about  the  Prifon,  un- 
der his  care,  the  following  articles,  belonging  to  the  Common- 
wealth, viz. 

Furniture,  and  other  articles,  neceffary  for  the  comfort 

of  the  convicls, 
Stores  and  furniture,  as  per  lift, 
155  fcrew  augers,  in  warehoufe. 
Tools  in  the  foundery,  and  blackfmith's  department, 
Manufa(5lured  goods  on  hand. 
Raw  materials  on  hand. 
Debts  outftanding. 

Tools,  kc.  in  ilioe-maker's  department, 
Manufactured  ftock  in  do. 

Raw 


1627 

19 

1997 

11 

52 

56 

1287 

20 

796 

91 

1036 

69 

765 

93 

88 

71 

211 

92 

RESOLVES,  February-  1807.  £S 

Raw  materials  on  hand,  201  35 

Sundry  debts  due,  424  1 S 

Tools,  &c.  in  carpenter's  department,  53  IS 

Do.                 tailor  and  furrier's  department,  15  25 

In  hofpital  department,  78  52 

New  clothing  on  hand,  169  39 

8806     5 


That  agreeable  to  the  accounts  exhibited  by  the  Superintend- 
ent, including  the  materials  on  hand;  as  above  ftated,  and  the  a- 
mount  of  the  earnings  cf  the  convids,  there  appears  to  be  a  bal- 
ance againft  the  State,  in  all  the  expenditures,  for  the  firil  year, 
of  4295  dollars  and  13  cents,  which  includes  the  expenfes  of 
tranfportation  of  the  prifoners  to  the  prifon,  the  pay  of  the  board 
of  vifitors,  the  officers,  and  incidental  expenfes  ;  and  that  the 
prifoners  have  earned  3436  dollars  and  88  cents,  more  than  the 
expenfe  of  their  fupport,  in  work  done  chiefly  for  the  prifon. 
And  that  the  flock  on  hand,  the  firft  day  of  December  laft,  is  to 
be  accounted  for  in  his  next  fettlement  with  the  State. 

The  Committee  of  both  Houfes,  to  whom  was  referred  the  ac- 
counts of  Daniel  Jackfon,  Efq.  Superintendent  of  the  State  Prifon, 
for  examination  and  adjuftment,  have  attended  that  fervice,  and 
afk  leave  to  report,  that  they  find  his  accounts  well  vouched,  and 
rightly  caft,  as  by  the  ftatement  hereto  annexed  will  appear,  and 
we  find  there  appears  to  be  due  to  the  faid  Superintendent,  to 
balance  his  accounts  with  faid  Commonwealth,  four  hundred  and 
eighty-lix  dollars  and  twenty-five  cents. 

JOSIAH  DEAN,  per  order. 

Wherefore,  Refohed,  That  there  be  allowed  and  paid  out  of 
the  Treafury  of  this  Commonwealth,  to  Daniel  Jackfon,  Efq.  Su- 
perintendent of  the  State's  Prifon,  the  fum  of  four  hundred  and 
eighty-fix  dollars  and  twenty-five  cents,  which  fhall  be  in  full  for 
the  balance  of  his  accounts.  And  His  Excellency  the  Governor, 
by  and  with  advice  of  Council,  is  hereby  authorized  to  iffue  his 
warrant  for  the  fame,  accordingly. 

XXIV. 

Refolve,  directing  Jacob  Ktthn,  to  procure  Book  Cafes,  for  the  Library 
of  the  Houfe.     February  5,  180?. 

Refohed^  That  Jacob  Kuhn,  be,  and  he  hereby  is  dlrefted  to 
procure  proper  Book  Cafes,  to  be  placed  in  the  room,  in  the 
State  Houfe,  called  the  Land  Ofiice,  to  contain  Books  purchafed 
for  the  Library  of  each  Houfe  of  the  Legillaiure  ;  and  exhibit 
his  account,  Refdvc. 


24  RESOLVES,  February  1807, 

XXV. 

.Refahe,for  ra'ifing  a  company  of  Cavalry ^m  Col.  Shcrwin^s  Regiment^ 
in  8tlj  Divifiori.     February  5,  1 807. 

On  the  petition  of  Amos  Barton,  and  others,  inhabitants,  living 
within  the  limits  of  the  focond  regiment,  fecond  brigade,  and 
eiglith  divifion  of  tlie  Miliria  of  the  Commonwealth,  praying 
leave  to  raife  a  company  of  Cavalry  : 

Refolvcd^  That  His  Excellency  the  Governor,  with  the  advice 
of  Council,  be,  and  lie  is  hereby  authorized  to  raife,  by  voluntary 
cnliilment,  a  company  of  Cavalry  witliin  faid  regiment :  Provid- 
ed^ the  Handing  companies  in  faid  regiment,  fliall  not  be  reduced 
below  the  number  rcquh"ed  by  law  ;  and  when  fo  raifed,  to  btj 
annexed  to  the  fquadron  of  Cavalry  in  faid  fecond  brigade,  in  the 
Stli  divifion  of  the  Militia  in  this  Commonwealth,  and  fliall  be 
fubjecl  to  all  fuch  rules  and  regulations,  and  reftriclions,  as  are  or 
may  be  provided  by  law,  for  the  government  of  the  Militia  of 
tliis  Commonwealth. 

XXVI. 

Refohe,  empowering  Afc/fors  of  Rochejicr,  to  commit  an  affcjfment  lifl, 
for  the  life  of  tJjc  firjl  School  Dijiri^  in  Sippcan    (Quarter,   to  the 
Colledor  for  faid  town,     February  5,  1807. 

On  the  petition  of  the  committee  of  the  firft  fchool  diftricl,  in 
Sippean  Quarter,  in  the  town  of  Rochefter,  praying  that  the  Af- 
felfors  of  the  town  of  Rochefter,  may  be  empowered  to  commit 
a  tax,  made  June  II  th,  1804,  for  the  ufe  of  faid  fchool  diftricV, 
and  which  is  collected  in  part  only,  to  the  Collector  of  Taxes,  in 
the  town  of  Rochefter,  for  the  time  being  : 

Refohedy  For  reafons  fet  forth  in  faid  petition,  the  AffefTors  of 
the  town  of  Rochefter,  be,  and  hereby  are  empowered  to  com- 
mit faid  lift  of  affeffment  to  the  Collector  of  Taxes,  for  faid  town, 
the  prefent  year,  with  a  warrant,  in  due  form  of  law,  to  enforce 
the  collection  of  the  fame. 

XXVII. 

Refolve,  refpedirg  Pcnchfcot  Indiaris,... appointing  Horatio  G.  Bakh, 
Efq,  Superintendent.     February  5,  1 807. 

It  appearing  to  this  Legiftature,  that  further  provifion  ought 
to  be  made  by  law,  for  the  prefervation  of  the  land  and  timber  be- 
longing to  the  Commoriwealth,  upon  and  adjoining  Penobfcot 
river — 

Rcfokcd, 


RESOLVES,  February  1S07. 


25 


.  kcfohedr  That  the  Refolv^  paffed  the  18th  of  June,  A.  D.  180a, 
making  provifion  for  the  prefervation  of  the  faid  land  and  tim- 
ber, and  giving  to  Francis  L.  Goodwin,  Efq.  certain  powers  for 
that  purpofe,  be,  and  the'  fani^  is  hereby  repealed ;  and  that  the 
faid  Francis  L.  Goodwin,  Efq.  the  prefent  Agent  and  Superin- 
tendent of  Indian  Affairs,  for  ihe  Penobfcot  tribe  of  Indians,  be, 
and  he  is  hereby  difmiifed  and  discharged  from  any  further  fer  - 
vice. 

R.efolved^  That  Horatio  G.  Balch,  Efq.  be,  and  he  hereby  is  ap- 
pointed Superintendent  of  Indian  Affairs,  for  the  faid  Penobfcot 
tribe,  whofe  duty  it  fhali  be  to  receive  and  divide  the  corn,  and 
other  articles,  to  be  furniflied  by  the  Quarter  Malter  General,  an- 
nually, for  faid  tribe  ot  Indians,  to  afTifb  them  in  collecfing  their 
juft  dues,  and  as  far  as  may  be,  to  prevent  fraud  and  impofitions 
upon  them,  in  any  of  their  dealings  and  tranfaftions  ;  and  to  ren- 
der to  the  <jeneral  Court,  yearly,  a  true  account  of  his  doings. 

Refolvedj  That  all  contracts  made  with  faid  Indians  for  timber 
or,  wood,  fhail  be  utterly  void,  and  that  any  perlcn  who  fliall  cut 
or  fell,  move  or  caufe  to  be  removed,  any  timber  or  wood,  Hand- 
ing, grov/ing,  or  being  on  any  of  the  lands  upon  or  adjoining  the 
faid  Penobfcot  river,  and  belonging  to  the  Commonwealth,  fhall 
forfeit  and  pay  treble  the  value  of  faid  timber  or  wood,  fo  cut, 
fell,  or  removed,  to  be  recovered  in  an  aclion  or  aclions  of  tref- 
pafs,  in  any  Court  proper  to  try  the  fame  ;  and  it  fhall  be  the 
duty  of  the  faid  Superintendent  to  give  feafonable  information 
of  any  trefpalles  upon  the  aforefaid  lands,  or  any  offences  aeainft 
the  provifions  of  this  Refolve,  to  the  Attorney  or  Solicitor  "Cen- 
eral,  who  are  hereby  direded  to  profecute  for  and  recover  all  pen- 
alties and  forfeitures  which  may  accrue,  by  virtue  of  this  Refolve. 

XXVIII. 

Refolve,  grani'wg  further  time  for  old  Soldiers  to  wake  fcttkment  on 
land  granted  to  them.     February  6,  1807. 

Refolve d.  That  a  further  time  of  three  years,  from  the  fifth  day 
of  March  next,  be,  and  hereby  is  allowed  for  the  foldiers,  who 
have  proved  their  claims  to  two  hundred  acres  of  land,  in  the 
townfhip  of  Mars-Hill,  purfuant  to  a  Refolve  of  the  fifth  of  March, 
1801,  and  feicc1:ed  and  taken  certificates  of  their  lots,  or  who  Ihall 
felecL  and  obtain  certificates  of  lots  in  faid  townfliip,  conformably 
to  the  feveral  Refolves  reipecT:ing  the  fame,  to  make  the  fettle- 
ment  and  cultivation  required  of  them,  by  the  aforefaid  Refolve, 
of  the  fifth  of  March,  ISOl,  and  if  any  foldier  who  has  or  fliall 
hereafter  obtain  a  certificate  of  a  lot,  in  faid  Mars-Hill  towTiihip, 
iliall  make  the  cultivation  and  fettlemeiit  thereon,  required  by  the 
Q  aforefaid 


26  RESOLVES,  February  1807. 

aforefaid  Refolve,  of  the  fifth  of  March,  1801,  within  the  term  of 
three  years  from  the  fifth  day  of  March  next,  he  fhall  be  entitled 
to  a  deed  of  his  lot,  the  faid  Refolve,  of  the  fifth  of  March,  1801, 
to  the  contrary  notwithftanding. 

XXIX. 

Refolve,  on  the  petition  of  Lemuel  Tetis^  ofToivnfcnd, 
February  10,  1807. 

On  the  petition  of  Lemuel  Petts,  of  Townfend,  in  the  County 
of  Middlefex,  praying  tliat  this  Commonwealth  would  defend 
him  in  a  certain  fuit  brought  againft  him,  and  now  depending  in 
the  Court  of  Common  Pleas,  in  faid  County,  by  James  Martin,  to 
recover  the  pofTcilion  of  certain  lands  in  laid  Townfend,  which 
were  conveyed  by  this  Commonwealth  to  faid  Petts,  with  war- 
ranty— 

Refolve i.  That  the  Attorney  General  of  this  Commonwealth, 
be,  and  he  is  hereby  authorized  and  requefted  to  appear  in  faid 
fuit,  on  behalf  of  faid  Commonwealth,  to  examine  into  the  title  of 
faid  Martin,  whereon  he  founds  his  claim  to  the  poilellion  of  faid 
lands,  and  to  defend  againft  the  faid  title  and  claim,  if  tlie  faid 
Attorney  General  {hall  think  it  expedient,  and  not  otherwife. 

And  it  is  farther  Refolved,  That  the  faid  Attorney  General,  be, 
and  he  is  hereby  authorized  to  fubftitute  any  other  perfon  or 
perfons,  to  do  and  perform  all  or  any  of  the  foregoing  matters 
and  things  in  his  ftead,  as  he  may  find  it  to  be  ncceflary  or  con- 
venient. 

And  it  is  further  Refolved,  That  His  Excellency  the  Governor, 
with  the  advice  of  Council,  be,  and  he  is  hereby  authorized  and 
requefted  to  draw  his  warrant  on  the  Treafury  of  this  Common- 
wealth, in  favor  of  faid  Attorney  General,  for  fuch  fum  of  money 
as  the  faid  Attorney  General  may  requeft,  not  exceeding  fifty 
dollars,  to  enable  him  to  defray  the  neceflary  expenfes  arifing  in 
the  difcliarge  and  performance  of  the  duties  herein  enjoined,  faid 
Attorney  General  to  be  accountable  for  the  expenditure  of  faid 
fum. 

XXX. 

liefohe,  on  the  petition  of  Jofeph  Heiui?is,for  a  new  State  Note* 
February  10,  1807. 

On  the  petition  of  Jofeph  Hewins,  praying  that  the  Treafurer 
of  this  Commonwealth  may  be  authorized  to  iffue  a  new  State 
Mote,  to  replace  one  wliich  has  been  loft  by  him  ; 

Refohedf 


RESOLVES,  February  1807>  27 

Refohcd^  For  reafons  fet  forth  in  faid  petition,  that  the  Treat 
tirer  of  this  CommonN\^ealth,  be,  and  he  hereby  is  direded  to  iiTue 
a  new  State  Note,  in  the  name  of  the  faid  Jofeph  Hewins,  for 
ninety-nine  dollars  and  tliirty-nine  cents,  and  to  make  fuch  en- 
dorfements  thereon  for  interefts,  as  has  been  paid,  faid  Jofeph 
Hewins  lirft  giving  bonds,  with  fufficient  furety  or  furetj^es,  to 
the  Treafurer  aforefaid,  payable  to  him  or  his  fucceffor  or  fuccef- 
fors,  in  that  office,  to  indemnify  this  Commonwealth  from  any 
damages  and  cofts  which  may  arife  from  the  renewal  of  faid  Note. 

XXXL 

I 

Refohe,  on  the  petitio7i  of  Sampfon  Woods,  direciing  Attorney  Genera 
to  defend  againjifuit  of  James  Martin.     February  10,  1807. 

On  petition  of  Sampfon  Woods,  adminiftrator  on  the  eftate  of 
Henry  Woods,  late  of  Pepperell,  in  the  County  of  Middlefex,  Efq. 
deceafed,  praying  for  the  alTiftance  of  this  Commonwealth,  in  de- 
fence of  certain  fuits  brought  by  James  Martin,  to  recover  the 
pofleiTion  of  certain  lands  in  Townfend,  in  faid  County,  which 
were  conveyed  by  this  Commonwealth  to  the  faid  Henry  Woods, 
in  his  life  time,  with  warranty  : 

Refohed,  For  reafons  fet  forth  in  faid  petition,  that  the  Attor- 
ney  General  of  this  Commonwealth,  be,  and  he  hereby  is  author- 
ized to  appear  on  behalf  of  faid  Commonwealth,  in  the  fuit  now 
depending  in  the  Court  of  Common  Pleas,  in  the  County  of  Mid- 
dlefex, brought  by  the  faid  James  Martin,  againil  Ebenezer  Stone, 
Levi  Sherwin,  Zimri  Sherwin,  Abner  Adams,  and  Sampfon 
Woods,  refpeciively,  for  the  recovery  of  parts  of  faid  lands,  con- 
veyed to  Henry  Woods,  as  aforefaid,  to  examine  into  the  title  of 
the  faid  James  Martin  to  the  fame  lands,  and  the  faid  Attorney 
General  is  hereby  further  authorized  and  required,  on  behalf  of 
this  Commonwealth,  to  defend  againft  the  daim  of  faid  Martin, 
in  faid  fuits,  if  he  fliall  think  it  expedient,  and  not  otherwife  ;  and 
to  fubftitute  any  other  perfon  or  perfons,  to  do  and  tranfad  the 
faid  bufinefs  in  his  ftead,  or  any  matter  or  thing  thereto  apper- 
taining, at  his  difcretion. 

And  it  is  further  refohed.  That  His  Excellency  the  Governor, 
with  the  confent  of  the  Honorable  Council,  be,  and  he  hereby  is 
authorized  and  requefted  to  ilTue  his  warrant  on  the  Treafury,  for 
fuch  fum,  not  exceeding  one  hundred  dollars,  as  the  faid  Attor- 
ney General  ihail  apply  for,  to  defray  the  neceffary  expenfes  of  any 
pfthe  fervices  hereby  required,  for  which  fum  the  faid  Attorney 
(General  is  to  be  accountable, 

Refohe, 


38  RESOLVES,  February  18C7. 

XXXII. 

Rcfohe^for  a  Company  of  Light  Infantry,  to  be  raifcd  in  the  third  regi- 
ment, fir/i  brigade,  tenth  divifwn,  to  be  annexed  to  f aid  regiment,  pro- 
vided the  fame  can  be  raifed,  according  to  law.     Feb.  10,  1807. 

On  Uic  petition  of  Samuel  Call,  and  others,  praying  for  leave 
to  raifc  a  Light  Infantry  Company  within  the  limits  of  the  third 
regiment,  Jiill  brigade,  and  tenth  divifion — 

Refolved,  That  His  Excellency  the  Governor,  with  the  confent 
of  ('ouncil,  be,  and  he  hereby  is  authorized  to  raife,  by  voluntary 
cnliilment,  a  company  of  Light  Lifantry,  within  the  Hmits  of  the 
third  regiment,  fir  ft  brigade,  in  the  tenth  divifion,  to  be  annexed 
to  the  faid  regiment,  and  to  be  fubjeft  to  fuch  rules  and  regula- 
tions, as  are  or  may  be  provided  by  law,  for  the  government  of 
the  Militia  of  this  Commonwealth. 

XXXIIL 

Rtfolve,  authorizing  the  overfeers  of  the  poor,  of  the  tou'ii  of  Florida, 
to  provide  for  the  children  of  Amos  Elldridge,     Feb.  10,  1807. 

Refolved,  That  the  overfeers  of  the  poor  for  the  town  of  Flori- 
da, be,  .ind  they  are  hereby  authorized  to  take  the  charge  of, 
;md  provide  for  the  minor  children  of  Amos  EUdvidge,  late  of  a 
place  called  Zoar,  adjoining  faid  Florida,who  are  now  on  expenfes 
in  laid  Zoar,  and  that  they  lay  their  accounts  therefor  before  the 
commictee  on  accounts  for  allowance  ;  and  that  the  faid  overfeers 
be,  and  they  hereby  are  authorized  and  empowered  to  bind 
out  faid  children  as  apprentices  or  fervants,  in  the  fame  manner 
as  overfeers  of  p;'0r  are  authorized  to  bind  out  childreri,  who  are 
Supported  in  their  refpective  towns  at  the  expenfe  of  the  Com- 
monwealth, by  virtue  of  a  law  palfed  February  twenty  fix,  feven- 
teen  hundred  and  ninety-four. 

•  XXXIV. 

Refolve,  granting  to  the  Attorney  and  Solicitor  General,  each  iiveli^e 
hundred  dollars.     February  1 1,  1807. 

Refolved,  That  there  be  allowed  and  paid  out  of  the  public  treaf^ 
ury  to  James  Sullivan,  Efq.  Attorney  General,  and  to  Daniel  Da- 
vis, Efq.  Solicitor  General,  twelve  hundred  dollars  each,  in  addi- 
tion to  their  eftabliflied  falaries,  being  at  the  rate  of  three  hun- 
dred dollars  per  annum,  from  thelirll  day  of  March,  1^03,  to  the 
iirU  day  of  March,  1307. 

Refolve, 


RESOLVES,  February  1S07.  '2^ 

XXXV. 

Refolvc,   authorizing  the  Third  Majfachufctts  Turnpike  Corporation  to 
remove  their  gate  in  Hinfdale,     February  13,  1807. 

On  the  petition  of  the  Third  Maffachufetts  Turnpike  Corpora- 
tion, praying  to  be  authorized  to  move  their  gate  in  Hinfdale,  to 
a  place  nearly  where  it  formerly  ftood  : — 

Refohcd,  That  the  prayer  of  the  Hiid  petition  be  gi-anted,  and 
the  Directors  of  the  faid  Corporation  are  hereby  authorized  to  re- 
move the  faid  gate  eaftwardly  to  fome  convenient  fpot,  not  ex- 
ceeding thirty  five  rods  from  the  place  where  the  faid  gate  now 
flands. 

XXXVI. 

Refohe  of  a  grant  to  the  MiniJIcr  who  is  to  preach  the  Eledion  Ser^ 
mon.     February  16,  1807. 

Refolved,  That  the  gentleman  who  iliall  preach  the  Elcclion 
Sermon,  on  the  laft  Wednefday  of  May  next,  Ihall  be  allowed  and 
paid  out  of  the  Treafury  of  this  Connnonwealth,  the  fum  of  fifty 
dollars. 

XXXVII. 

Refolve,  granting  John  Bojon^  /even  thoiifand  eighteen  dollars  and  eigh- 
ty nine  cents,  for  eflate  fold  io  him,  but  recovered  by  James  Martin^ 
February  17,  1807. 

The  Committee  of  both  Houfes  appointed  to  take  into  confid- 
cration  the  petition  of  John  Boifon,  afk  leave  to  report  by  way 
of  Refdlve. 

Refolded,  That  if  the  faid  John  Boflbn  fliall  produce  to  the  At- 
torney General  or  Solicitor  General  of  this  Commonwealth  with- 
in three  months,  fuch  difcharges  and  acquittance  as  in  the  opin- 
ion of  faid  Attorney  General  or  Solicitor  General  fliall  forever 
hereafter  prevent  any  right  of  demand  upon  this  Commonwealth, 
for  any  damage  on  account  of  the  fale  of  the  real  eitate  as  dcfcri- 
bcd  in  his  petition,  in  any  perfon  or  perfons  w^homlbevcr,  then 
the  faid  John  BolTon  Iliall  receive  out  of  the  Treafury  of  this  Com- 
monwealth, the  fum  of  feven  tliouflmd  and  eighteen  dollars  and 
eighty-nine  cents  ;  and  tlie  Governor  of  this  Commonv/ealth  is 
hereby  authorized,  by  and  witli  the  advice  of  council,  toidiie  his 
Warrant  for  that  fum  accordingly. 

KcfoluSf 


^         -  RESOLVES,  February  18a7. 

XXXVIII. 

Refolve,  granting  ia  Adjutant  General  Donnifon,  eight  hundred  andfot' 
tyfour  dollars  for  his  fernjices  for  the  year  one  thoufand  eight  hun- 
dred and  fix.     February  17,  1.807. 

On  the  memorial  of  the  Adjutant  General,  praying  for  an  ad- 
ditional grant : — 

Refolved,  Tiiat  there  be  allowed  and  paid  cut  of  the  Treafury  of 
this  Commonwealth,  the  fum  of  eight  hundred  and  forty-four 
dollars,  in  full  for  his  fer vices  for  the  year  1  b06. 

XXXIX. 

Refohe,  granting  John  Waterman  twenty  dollars.     Feb.  1 8,  1 807. 

Refelved,  That  His  Excellency  the  Governor,  with  the  advice 
of  Council,  be,  and  he  hereby  is  rcqucfted  to  ilTue  his  warrant  to 
the  Treafurer  of  this  Commonwealth,  for  the  fum  of  twenty  dol- 
lars, in  favor  of  John  Waterman,  agreeably  to  a  refolve  paffed 
February  2,  1805. 

XL. 

Refolve^  appointing  commijfoncrs  to  af certain  bounds  of  land  pur  chafed 
by  the  Commonwealth^  on  which  to  ercd  a  State  Prifon.  February 
18,  1807. 

Upon  the  petition  and  reprefentation  of  James  Merrill,  John 
Baker,  Samuel  Jaques,  and  Matthew  Skilton,  ftating,  that  they 
are  owners  of  a  lot  of  land,  adjoining  to  the  land  owned  by  the 
Commonwealth  of  Maffachufetts,  in  Charlefto^vn,  in  the  County  of 
Middlefex,  on  which  is  erected  the  State's  Prifon,  and  that  the 
bounds  between  the  faid  land  of  the  faid  Morrill  and  others,  and 
the  faid  land  of  faid  Commonwealth,  are  not  afcertained  and  ef- 
tablilhed ;  and  praying  that  Commlirioners  on  the  part  of  this 
.  Commonwealth  may  be  appointed,  to  afcertain  and  eftablilli  faid 
bounds,  and  ereft  fuitablc  monumenis  thereon.  And  it  appearincj 
to  this  Court  that  it  would  be  expedient  that  faid  bounds  ihould 
be  afcertained  and  ellabliilicd,  and  fuitable  monuments  thereon 
creeled : — 

Therefore Refolved,  That  Edward  H.  Robbins,  and  Jonathan  Hun- 
rieweii,  Efq'rs  be  commillioners  on  the  part  of  this  Common- 
wealth to  repair  to  faid  place  and  afcertain  and  eftabhfli  faid 
bouBds,  and  thereon  ered  and  place  fuch  monuments  as  they  may 
think  proper,  and  make  return  of  their  doings  as  foon  as  may  be, 
into  the  oJSce  of  the  Secretary  of  this  Commonwealth,  and'  the 

doings 


RESOLVES,  February  1807.  31 

doings  of  faid  Commiffioners,  (o  returned  as  aforefaid,  fhall  be 
binding  between  this  Commonwealth  and  faid  Morrill,  Baker, 
Jaques,  and  Skilton,  as  it  refpecls  faid  bounds. 

XLI. 

Refohe,  ejlablijlnng  the/alary  of  the  Secretary  and  Treafurer. 
February  18,  1807. 

R.efohed,  That  there  be  allowed  and  paid  out  of  the  Treafury  o£ 
this  Commonwealth,  to  Thompfon  J.  Skinner,  Efq.  Treafurer  and^ 
Receiver  General,  twelve  hundred  dollars,  which  with  the  fum 
of  eight  hundred  dollars  allowed  him  by  a  refolve  of  the  twenty- 
fourth  day  of  June  laft,  fliall  be  in  full  for  his  fervices  as  Treafur- 
er, for  one  year,  ending  the  firft  day  of  June  next ;  and  that  there 
be  allowed  and  paid  out  of  the  treafury  of  this  Commonwealtli,  to 
Jonathan  L.  Aullin,  Efq.  Secretary  of  the  Commonwealth,  {^ven 
hundred  dollars,  which  with  the  fum  of  eight  hundred  dollars 
allowed  him  by  a  refolve  of  the  twenty-fourth  day  of  June  lafc, 
ihall  be  in  full  for  his  fervices  as  Secretary  for  one  year,  ending 
the  firft  day  of  June  next,  the  faid  Secretary  to  account  for  all 
fees  received  in  the  Secretary's  oiEce,  to  be  deducted  from  the 
faid  allowance. 

■      XLII.  \ 

Kefolve,  on- the  petition  of  Rachel  Gould,  Adminijlratrix  of  the  ejiatt 
of  George  Gould,  late  of  Dedhanu     February  19,  1807. 

On  the  petition  of  Rachel  Gould,  Adminiflratrix  of  the  goods 
and  eftate  of  George  Gould,  late  of  Dedham,  in  the  County  of 
Norfolk,  Gentleman  deceafed,  inteiliate  :; — 

Refohed,  That  the  Judge  of  Probate  in  and  for  fliid  County  of 
Norfolk,  be  authorized  and  empowered  to  adminifter  to  faid  Ra- 
chel Gould  an  oath,  that  fhe  has  duly  complied  with  all  the  requi- 
fitions  of  law  refpeding  the  faie  of  real  eftate  of  deceafsd  perfons 
inteftate  ;  and  alfo  to- take  bonds  of  faid  Rachel  Gould,  for  the 
due  and  faithfully  accounting  for  the  proceeds  of  the  fale  of  fuch 
eftate  as  ftie  may  have  fdd  according  to  the  licence  mentioned  in' 
faid  petition,  as  is  required  by  the  laws,  refpeding  the  fale  of  re- 
al eftate  of  perfons  deceafed  inteftate,  and  that  upon  her  giving 
bonds  as  aforefaid,  and  taking  the  oath  in  manner  as  heretofore 
prefcribed,  the  real  eftate  of  faid  George  Gould,  in  purfuance  of 
the  licence  granted  by  the  Suprem.e  Judicial  Court  of  Norfolk,  at 
their  term  holden  at  Dedham,  in  faid  County  of  Norfolk,  on  the 
firft  Tuefday  of  October,  in  the  year  of  our  Lord,  cne  thoufand 
eight  hundred  and  five,  ftiail  be  valid,  to  all  intents  and  purpoies, 

as 


S2  RESOLVES,  February  1 807. 

as  though  the  faid  Rachel  Gould  had  given  the  bonds  and  taken 
the  oath  required  by  law  previous  to  the  making  the  fale  aforefaid. 

XLIII. 

Refolve,  on  the  petition  of  Jofeph  Blake ^  dire6lirg  iht  Treafurer  to  exe* 
cute  a  deed  of  a  certain  ftrip  of  land,     Feb.  19,  1807. 

On  the  petition  of  Jofeph  Blake,  praying  that  fome  perfon  may 
be  authoriied  to  transfer  to  him  a  certain  fmall  ftrip  of  land  now 
ovrned  by  this  Commonvi^ealth  : 

Refohed,  That  the  prayer  of  the  petition  of  Jofeph  Blake,  of 
Boflon,  bearing  date  the  27th  of  January  lail,  be  fo  far  granted,  as 
that  the  Treafurer  of  this  Commonwealth,  be  empowered  and  he 
h  hereby  authorized  and  empowered  to  execute  a  quit  claim  deed 
of  the  Commonwealth  to  laid  Jofeph  Blake,  of  a  fmall  piece  or 
ftrip  of  land,  as  defcribed  in  faid  petition,  for  the  confideration  of 
one  hundred  and  fifty  dollars,  together  with  the  expenfes  which 
may  arife  in  ei^ecuting  faid  transfer. 

XLIV. 

Refolve,  difchargi7ig  the  Quarter  M after  General  from  ten  thcufand. 
Jive  hundred  and  fixtecn  dollars,  and  fifty -tiuo  cents,  and  granting  ten 
ihoufand  five  hundred  dollars  for  the  cxpenfcs  of  his  department  the 
enfuing  year.     Feb.  19,  1807. 

The  Committee  of  both  Houfes  appointed  to  examine  the  ac- 
counts of  the  Quarter  Mafter  General  of  this  Commonwealth,have 
attended  to  that  duty,  and  find  the  accounts  right  caft  and  well 
vouched,  and  alk  leave  to  report  by  a  refolve  : — 

Rcfolved,  That  Amafa  Davis,  Efq.  Quarter  Mafter  General,  be, 
and  hereby  is  difcharged  from  the  fum  of  ten  thoufand  live  hun- 
dred and  lixtcen  dollars,  fifty-two  cents,  which  he  expended,  inclu- 
ding his  falary,  office  rent,  and  clerk  hire,  amounting  to  nine  hun- 
dred dollars  for  one  year,  ending  the  feventeenth  of  January,  one 
thoufand  eight  hundred  and  feven,  out  of  the  fums  he  has  receiv- 
ed the  laft  year,  by  warrants  on  the  Treafurer,  and  that  the  bal- 
ance of  leventeen  dollars  and  three  cents  due  to  him  be  carried  to 
his  credit  in  a  new  account. 

Be  it  further  refolved.  That  there  be  allowed  and  paid  out  of 
the  Treafury,  to  the  laid  Amafa  Davis,  Efq.  the  fum  of  ten  thou- 
fand tive  hundred  dollars  for  defraying  the  charges  and  tlie  ex- 
pcnfes  of  the  Quarter  Mafter  General  department,  the  prefent 
year,  he  to  be  accountable  for  the  fame, 

Rcfohe^ 


RESOLVES,  February  1807.  53 

XLV. 

Refohe^  for  taking  the  fenfe  nf  the  inhabitants  of  the  Dijtt  id  of  Maine^ 
relative  to  a  Separation  from  Majfachufetts,     Feb.    19,1807. 

Whereas  the  inhabitants  of  fixty-four  towns  in  the  DiO;ri(fl-  of 
Maine,  did  in  the  year  1803,  petition  the  Lcgiflature  of  this  Coni- 
monwealth,  to  take  fuch  meafures  as  they  might  deem  wife  and 
effedual,  for  obtaining  the  fenfe  of  the  people  of  faid  Diiirid  up- 
on the  queftion  of  forming  the  fame  into  a  feparate  State  : — 

Refolvcd  therefore^  That  it  fhall  be  the  duty  of  the  SeLdmen  of 
the  feveral  towns,  and  of  the  AfTeilbrs  of  the  feveral  diftricts  and 
plantations  \vithin  faid  Diftrift  of  Maine  to  iflue  their  war- 
rants, requiring  the  inhabitants  of  faid  towns,  dilh-ids  and 
plantations  refpesflively.  who  are  qualified  to  vote  in  the  choice  of 
Reprefentatives  or  Senators  to  the  General  Court,  to  affemble  on 
the  firft  Monday  of  April  next,  and  give  in  their  vc^tes  on  the  fol- 
lowing queftion,  to  wit : — Shall  the  Senators  and  Reprefentatives 
of  the  Diftricfc  of  Maine,  make  application  to  the  Legillaturc  for 
their  confent  to  a  feparation  of  the  Diflrid  of  Maine  from  the 
Commonwealth  of  MafTachufetts,  and  that  the  fame  may  be  ereft- 
ed  into  a  State  ?  And  it  fliall  be  the  duty  of  faid  Selectmen  and 
Affeifors  to  receive  and  certify  the  whole  number  of  votes  given 
in  at  faid  m.eetings,  refpeclively  by  the  voters  qualified  as  aforefaid, 
for  and  againft  fuch  feparation  ;  and  it  fhall  alfo  be  the  duty  of  the 
faid  Seledmen  and  Alfeifors  refpeftively,  in  the  faid  meetings  to 
make  public  declaration  of  the  num.ber  of  votes  given  in  as  afore- 
faid, and  to  atteft,  feal  up  and  tranfmit  certihcates  of  the 
fame,  to  the  Secretary's  office,  on  or  before  the  fecond  Wednefday 
of  the  firft  feffion  of  the  next  General  Court,  and  the  Secretary  is 
hereby  direded  to  forward  as  foon  as  may  be,  a  copy  of  this  re- 
folve  to  the  Seledmen  of  the  feveral  towns,  and  Afleffors  of  the 
feveral  diftrids  and  plantations,  in  the  faid  Diftrid  of  Maine. 

XL  VI. 

Refohe^  on  the  petition  cf  Thomas  Cannei,  direding  the  Agents  en  eajlern 
lands  to  af certain  the  quantity  and  'value  of  a  trad  of  land  beiiveen 
Raymond  and  Standifh^  and  fell  the  fame  to  faid  CarmeL 

Feb.  19,   1807. 

On  the  petition  of  Thomas  Cannel,  praying  for  liberty  to  pur- 
chafe  a  fmall  trad  of  land  lying  between  the  towns  of  Raymond 
and  Standifti,  in  the  County  of  Cumberland,  and  adjoining  the 
waters  of  Sebago  Pond  : — 

Refolvedy  That  the  Hon.  John  Read  and  William  Smith,  Efq'rs, 

agents  of  this  Commonwealth  upon  the  fubjed  of  Eaftern  lands, 

be,  and  they  hereby  are  authorized  and  empowered,  to  afcertain 

E  the 


%^  RESOLVES,  February  1807, 

the  quantity  and  value  of  the  land  belonging  to  this  Common* 
wealth,  bet \veen  the  tov/ns  aforefaid;  and  when  fo  afcertained,  to 
fell  the  fame  to  faid  Thomas  Cannel,  or  to  any  other  perfon  or  per- 
fons  who  may  apply  for  the  fame,  for  fuch  fums  and  upon  fuch 
conditions  as  to  them  fliall  appear  juft  and  reafonable. 

XL\ni. 

R.cfohe,  for  County  Taxes,     February  20,  1 807. 

Whereas  the  Treafurers  of  the  following  Counties  have  laid  their 
accounts  before  the  General  Court  for  examination,  which  ac- 
counts have  been  examined  and  allowed  ;  and  whereas  the  clerks 
of  the  Courts  of  General  SelTions  of  the  Peace,  for  the  faid  counties 
have  exhibited  eftimates,  made  by  the  faid  Courts  of  the  neceffary 
charges  likely  to  arife  within  the  faid  feveral  Counties  for  the  year 
enfuing,  apd  of  the  fums  neceffary  to  difcharge  the  debts  of  the  faid 
Counties  : — 

Refohed,  That  the  fums  annexed  to  the  Counties  contained  in 
the  following  Schedules  be,  and  the  fame  are  hereby  granted  as  a 
tax  for  each  County  refpeclively,  to  be  apportioned,  alteffed,  paid, 
collefled,  and  applied  for  the  purpofes  aforefaid  according  to  law. 

Dollars. 
Suffolk,.  Twenty-five  thoufand  dollars,  25,000 

Effex,  Fifteen  thoufand  dollars,  15,000' 

Barnftable,        Two  thoufand  three  hundred  dollars,  2,300 

DukesCounty,  Six  hundred  dollars,  600 

Worcefler,         Six  thoufand  five  hundred  dollars,  6,500 

Berkfliire,  Three  thoufand  dollars,  3,000 

Norfolk,  Four  thoufand  dollars,  4,00O 

York,  Four  thoufand  three  hundred,  h  75  dk.    4,375 

Cumberland,      One  thoufand  dollars,  1,000 

Lincoln,  Six  thouiimd  and  fifty  dollars,  6,050 

Kennebeck,        Three  thoufand  two  hundred  &  thirty-fix,  3,236 
Hancock,  Three  thoufand  feven  hundred  and  26  dls.3,726 

Wafhington,  One  thoufand  one  hundred  and  19  dls.  1,119- 
Ami  it  U further  refolved.  That  one  thoufand  dollars  of  the  fum 
hereby  ordered  to  be  raifed  in  the  County  of  Lincoln,  for  the  year 
enfuing,  fhall  be  appropriated  for  the  purpofe  of  purchafing  a  lot 
of  land,  whereon  to  erecl  a  Goal  at  Wifcaffaet,  for  the  faid  Coun- 
ty of  Lincoln. 

RefehCy. 


REOLVES,  February  1807,  35 

XLVIII. 

'Refohe,  grantmg  the  Superintendeyit  of  the  Siate  Prifo?!,  four  thou- 
/and  one  hundred  and  eighty-eight  dollars,  in  addition  to  balance  of 
former  appropriation,    Peb.  21,1 807. 

-Refolved,  That  there  be  allowed  and  paid  out  of  the  Public  Treaf- 
ury,  to  Daniel  Jacklbn,  Efq.  Superintendent  of  the  State  Prjfon, 
four  thoufand  one  hundred  and  eighty-eight  dollars,  in  addition 
to  one  thoufand  one  hundred  and  thirty-three  dollars  and  forty- 
two  cents,  an  undrawn  balance  of  ten  thouiand  dollars,  .provided 
bj  an  ad  of  the  Legiflature,  pafled  March  14,  1S06,  to  enable  him 
the  faid  fuperintendent  to  execute  his  contrads  and  defray  the  ex- 
penfes  of  the  faid  prifon,  he  to  be  accountable  for  the  fame. 
And  bis  Excellency  the  Governor  with  the  advice  of  council,  is  re- 
quelled  to  iffue  his  warrant,  for  the  iirft  mentioned  fum  of  four 
thoufand  one  hundred  and  eighty-eight  dollars  accqidingly. 

XLIX» 

Refohe^  on  the  petition  of  John  Peck,  gra?iting  further  time  for  payment 

of  the  amount  of  his  guarrantee  for  payment  of  a  Georgia  State  Note. 

Feb.  21,  1807.  ' 

The  Committee  of  bothHoufes,  to  whom  was  committed  the 
Ijetition  of  John  Peck,  praying  for  an  extention  of  the  time  on  his 
guarrantee  of  a  State  note  of  the  State  of  Georgia,  pafled  to  this 
Commonwealth  in  payment  by  faid  Peck  ;  and  alfo  praying  that 
theTreafurer  may  be  direfted  to  fufpend  the  fervice  of  execution 
againft  faid  Peck  of  a  Judgement  which  is  now  obtained  againft 
him,  WiiUam  Wetmore  and  William  Tudor,  on  tbree  fever al  notes 
in  the  Supreme  Court  of  the  County  of  Suffolk,  and  due  to  this 
Commonwealth,  aik  leave  ,to  report  by  way  of  refolve,  as  fol- 
lows : — 

Refohed,  That  for  rcafons  fet  forth  in  the  petition  of  John  Peck, 
the  further  time  of  three  years  be  given  to  laid  Peck  for  the  pay- 
ment of  the  amount  of  his  guarranteeforthepayment  of  aStateNote  of 
t]ieStateofGeorgia,for  five  hundred  poundsGeorgiafterlingmoney, 
dated  the  twenty-fecond  day  of  March,  A.  D.  1785,  with  the  interell 
d^ie  thereon,  -No.  105.  And  that  the  Treafurer  be,  and  is  hereby 
dii-eded  to  deliver  over  to  the  faid  Peck  the  aforelaid  State  .Note 
.of  the  State  of  Georgia,  upon  the  faid  Peck's  paying  the  amount  of 
f^id  note  and  the  intereft  due  thereon,  or  giving  good  and  fufli- 
dent  fecurity  to  the  fitisfadion  of  faid  Treafurer,  for  the  payment 
of  faid  State  Note,  and  intereft  within  the  term  aforeiaid  :  Pro- 
lidcd  however.  That   laid   Peck,  pay  the  cofcs  which  h  ive  arifcn 

thereon.  ,    , 

And 


Se  RESOLVES,  February  1807. 

And  be  it  further  refohed,  That  the  Treafurer  be,  and  hereby  is 
directed  to  forbear  to  levy  execution  on  faid  Peck,  or  hii  eilate  oa 
the  judgment  obtained  on  thefuitf"<;r  the  aforefaid  three  notes, 
figned  by  Peck,  Wctmore  and  Tudor,  until  it  fliall  appear  that  fat- 
ib/aclion  for  faid  judgment  cannot  be  obtained  againft  faid  Tudor, 
or  h  s  cftatc,  to  whom  it  appears  the  faid  Peck  has  fatisfied  and 
paid  the  amount  thereof. 

L. 

Refolve^  of  Abel  Chap'in  and  others^  authorizing  the  Jud^e  of  Probate 
for  Hampfnirc^  to  appoint  perfons  to  aCt  for  rnijior  heirs  of  Ephraim 
Chapin.     February  21,  1807. 

On  the  petition  of  Abel  Chapin,  Frederick  Chapin,  and  Mofes 
Chapin,  or  Springfield,  in  x\v:  C'ounty  of  Hampihire,  executors  of 
the  lafl  will  and  ttftament  of  I'phraim  Chapin,  the  elder,  late  of 
faid  Springfield,  deceafed,  and  heirs  at  law  of  Jemima  Chapin,  de- 
ceafed,  v  ifc  of  faid  Ephraim,  praying  that  the  Hon.  Judge  ot  Pro- 
bate witliin  and  for  the  County  of  Hanipfliire,  be  authorized  to  ap- 
point foinc  fuitable  pcrfon  to  acl  in  behalf  of  the  minors  and  heirs 
of  Fphraini  Chapin,  the  younger,  late  of  faid  Springfield,  dcceafed, 
in  completing  the  diviiion  oi  the  real  and  perfonal  eftates  of  Kph- 
:;,im  Chapin,  ihe  elder,  and  Jemima  his  wife  ;  and  in  their  behalf 
■  ■   ^^  ■A<o  and  execute  deeds  of  the  real  efcate  fot  oti'  to  the  other 

..,  For  reafons  fet  forth  in  the  faid  petition,  that  the  Hon- 
Judge  of  Probate,  within  and  for  tlie  County  of  Hamp- 

•  ..,  be,  an  J  hereby  is  authorized  to  appoint  fome  fuitable  pcrfou 
'  act  for  and  in  behalf  of  the  minors  and  heirs  of  Kphraim  Chapin, 

•  lie  younger,  in  completing  the  divifion  of  the  eftatts  of  Kphraim 
Chapin,  the  elder,  and  Jemima  his  wife,  and  that  fuch  perfon  be, 
and  hereby  is  authorized  for  and  in  behalf  of  faid  minors,  to  make, 
execute  aiid  deliver  good  and  fuflicient  deed  or  deeds  of  releafe  of 
the  lands  and  eftate,  fet  off  to  the  other  heirs  of  faid  eftate. 

LI. 

Refolvc^  on  the  petit'' on  of  James  Prentifs,  authorizing  him  and  his  ivife 
to  execute  deeds  of  land  in  tovjnfhip  No.  4,  to  certain  minors.  Febru- 
ary 9.\,  1807. 

On  the.  petition  of  James  Prentifs,  of  Boflon,  merchant,  and 
Sophia  his  wife,  letting  forth,  that  faid  Sophia  is  adminiftratrix 
of  the  good.s  ard  eitate  of  Leonard  Melkn,  late  of  Watertown. 
Lfq.  deceaicd,  inteftate,  and  that  laid   Meilen  was,  at  the  time  ol 


RESOLVES,  February  1807.  37 

his  deceafe,  interefted  in  common  and  undivided,  with  certain  per- 
fons  therein  named,  in  a  certain  townfliip  of  land,  marked  number 
four^  in  the  fifth  range  of  townfhips,  fituated  between  the  Kennebec 
and  Penobfcot  rivers,  and  praying  that  they  may  be  authorized 
and  empowered  to  join  the  parties  interefted  therein  in  dividing 
the  fame,  and  locating  the  Ihare  lately  belonging  to  faid  Mellen, 
and  to  receive  and  give  the  neceffary  deeds  of  releafe  and  quit- 
claim for  that  purpofe  : — 

Refolved,  That  faid  petitioners,  as  adminiftrators  of  the  ef- 
tateof  faid  MeUen,  and  guardians  of  his  minor  children,  be,  and 
they  are  hereby  fully  authorized  and  empowered,  to  fettle  and 
agree  with  the  parties  interefted  in  faid  townfliip,  in  dividing  and 
locating  th.-ir  reipedive  rights  therein,  and  to  receive  good  and 
lufficient  deeds  of  releafe  and  quit-claim  of  fuch  fliare  thereof  as 
faid  Mellen  v/ juld  have  been  entitled  to  hold,  and  to  make  and 
execute  good  and  fulhcient  deeds  of  releafe  and  quit-claim  to  all 
and  every  perfon  interefted  therein,  of  all  parts  of  faid  townihip, 
other  than  faid  fliare  :  and  whereas  the  faid  petitioners  have  fur- 
ther fet  forth  that  faid  Mellen  in  his  Ufetime,  obligated  himfelf  by 
his  memorandum  in  writing,  not  under  feal,  to  convey  two  thou- 
fand  acres  of  land,  in  faid  townfliip,  to  Mary  Ann  Gardner  and  Sal- 
ly Gardner,  jointly,  both  minors,  and  likewife  two  thoufand  acres 
in  faid  townfliip  to  Nathaniel  Gardner,  a  minor,  and  the  refped- 
ive  guardians  therein  named  of  faid  minors,  are  ready  to  perform 
whatever  conditions  are  to  be  performed  on  the  part  of  faid  mi- 
nors. 

Bs  it  further  refohcd.  That  faid  petitioners  be,  and  they  are  ful- 
ly authorized  and  empowered  to  make,  and  execute  good  and  iuf- 
ficient  deeds  of  faid  refpeftive  quantities  of  land,  in  the  townfliip 
aforefaid,  to  faid  minors  refpedively,  and  that  the  titles  thereby 
conveyed,  fliaii  be  vaHd  and  effedual,  to  aU  intents,  as  if  faid  deeds 
had  been  given  by  faid  Mellen  in  his  life  time. 

LII. 

Refohe,  on  the  petition  of  Samuel  A.  Bradley,  dircBing  agents  for  ths 
faleofeafiern  lands,  to  af certain  the  quantity  and  quality  of  certain 
Gores, and  fell  the  fame.     Feb.  21,  1807. 

Upon  the  petition  of  Samuel  A.  Bradley, 

Refohed,  That  the  agents  for  the  lale  of  eaftern  land,  be,  and 
they  hereby  are  authorized  and  empowered  to  afcertain  the  quan- 
tity and  quality  of  certain  gores  of  land,  lying  fouth  of  Gilead, 
and  weft  of  Waterford  in  the  County  of  Oxford,  and  to  fell  the 
fame  to  the  faid  Bradlev,  or  any  other  perfon  or  perfons,  for  fuch 
i-^^\Xi,  and  on  fuch  coadit'ionS;  as  they  fliall  think  juft  ardreafonablc. 

And 


^3  RESOLVES,  February  1807. 

slnd  it  t!  further  rcfohcd.  That  the  faid  agents  are  hereby  author- 
•,.  ,;d  and  empowered  to  caufe  an  accurate  iurvey  to  be  made,  of 
all  the  gores  and  plats  of  land,  lying  in  the  County  of  Oxford,  be- 
liaging  to  the  Commonwealth,  which  furvey  fhall  be  re-turned 
into  the  land  office  as  foon  as  may  be  after  the  fame  is  completed. 

LIII. 

P.rfdvc,  on  the  petition  of  the  Agents  of  Cheflerviilc,  dircding  the  Com* 
7nittee  on  eaflern  lands  to  give  a  deed.     Feb.  23,  1807. 

Whereas,  a  refolve  on  the  petition  of  the  agents  of  Chellerville, 
i:>\:  the  furvey  of,  and  appropriating  certain  lots  for  public  ufes, 
>alTed  March  7,  1 805,  doth  not  authorize  any  perfon  or  perfons 
*c)  give  deeds  of  faid  lots  agreeable  to  the  true  intent  and  meaning 
..  c  laid  refolve. 

Therefore^  be  it  refohed^  That  John  Read,  and  William  Smith, 
5  fq'rs,  agents  on  the  fale  of  ealfern  lands,  be,  and  they  are  hereby 
n.j.thorized  and  empowered,  to  make  and  execute  a  deed  or  deeds 
1.^  the  faid  town  of  Cheftcrville,  agreeable  to  the  true  intent  and 
^iiuaning  of  die  refolve  to  M'hich  this  is  an  addition. 

LIV. 

Refolve  fcr paying  the  Chaplains  and  Clerks  of  both  Houfcs^ 
February  23,  1807. 

Rcfolved,  That  there  be  allowed  and  paid  out  of  the  Treafury 
■: :  this  Commonwealth,  to  the  Rev.  William  Emerfon,  chaplain  of 
t  J  Senate,  and  to  Rev.  Thomas  Baldwin,  chaplain  of  the  Houfe  of 
'  L  -prefentatives,  the  fum  of  fixty  dollars  refpeclively  ;  to  John  D. 
,  :i-ibar,Efq.Clerk  of  theSen;ite,andtoCharIesP.Sumner,Efq. Clerk 

.  the  Houfe  of  Rcprefcntatives,  the  fum  of  three  hundred  and  fit- 
'  dollars  refpeclively  ;  to  George  E.  Vaughn,  Efq.  Alliftant  Clerk 
.  ;  the  Senate,  and  Thomas  Walcott,  Afilitant  Clerk  of  the  Houfe 

L  Rcprefcntatives,  the  fum  of  two  hundred  dollars  refpeclively  ; 

■  nich,  v/ith  the  funis  heretofore  granted,  fhall  be  in  full  for  their 
f.Tvices  as  aforetiid,  theprefent  year. 

LV. 

Jl-'l'k-e,  on  the  petition  of  Francis  Butter  fields  dif charging  him  from  a 
judgment  for  forfeiture   of  recogni%ance^   on  condition.     February 
23,  1807.  • 

On  the  petition  of  Francis  Buttcrfield,  of  Townfcnd,  in  the 

'County  of  Middlefex,  fliewing,  that  he,  the  laid  Francis,  togcth- 

-•  Ailli  or.e  other  perfon,  not  named  in  fliid  petition,  recognised 

as 


RESOLVES,  February  1807.  <ia 

asfiiretles  to  the  fald  Commonwealth,  in  the  fiim  of  four  hundred' 
dollars  each,  for  the  appearance  of  one  Sewall  Butter  field,  before 
the  Supreme  Judicial  Court,  which  was  holden  at  Concord,  withiis 
and  for  the  fald  County  of  Middlefex,  on  the  fecond  'I'uefday  oi" 
jApril,  A.  D.  180.5,  to  anfwer  to  the  faid  Commonwealth,  upon 
certain  charj^es  of  forgery  ;  but  the  faid  Sewall  Butterfield  did  net 
appear  at  the  Court  aforefaid,  holden  as  aforefaid  ;  whercbv 
the  faid  recognizance  was  forfeited,  and  fuch  proceedings  have 
been  had,  that  at  the  Supreme  Judici-al  Court  holden  at  Concord., 
aforefaid,  on  the  fecond  Tuefday  of  April,  now  laft.  judgment 
was  rendered  againll  the  faid  Francis,  in  favor  of  the  iaid'tom- 
monwealth,  for  tlie  aforefaid  fum  of  four  hundred  dollars,  and 
cofts  : — 

Re/olved,  That  for  reafons  ftated  in  fald  petition,  upon  payment 
of  the  fum  of  one  hundred  dollars,  and  all  cofts  which  may  have 
arifen  upon  the  proceis  and  profecution  aforefaid,  by  the  firft  day 
of  May  next  ;  and  provided  the  other  furety  aforefaid,  fhail  by  the 
time  aforefaid,  ■  pay  to  the  Attorney  General  of  faid  Common- 
wealth, or  the  Treaiurer  of  faid  County  of  Middlefex,  the  fum  of 
four  hundred  dollars  forfeited  by  him  as  aforefaid,  and  all  cofts^. 
the  faid  Francis  Butterfieid  be,  and  he  is  hereby  difcharged  froiro, 
the  judgment  aforefaid, 

Lvr. 

Rffohs,  requiring  Infirance  Companic;  fo  render  an  ace  cunt  of  their  of- 
^ fairs  to  the  next  Gc7ieral  Court,  and  dire6ling  the  Secretary  to  pub- 
liflo  this  Refolve.     Feb.  23,  1807. 

Refolved.,  That  the  Prefident  and  Directors  of  the  feveral  incor- 
porated Infurance  Companies  within  this  Commonwealth,  be,and 
they  are  hereby  required  under  oath,  on  the  fecond  Wednefuay  of 
he  firft  felTion  of  the  next  General  Court,  to  lay  before  the  legif- 
ature  aftatement  of  the  affairs  of  the  refpeftive  companies  aforc- 
aid,  fubfcribed  by  the  Preiidcnt  and  Direclors  of  ftich  companies 
•efpeclively,  as  the  y  were  on>  the  firft  day  of  January  laft  paft  ; 
vhich  ftatement  ftiall  fpecify  the  amount  of  the  capital  ftcck  of 
^  lir  refpcctive  companies,  actually  paid  in,  and  in  what  funds 
aid  ftock  is  invefted,  and  the  amount  of  the  feveral  kinds  of  funds 
efpeclively  ;  ^and  alfo  particularly  fpeciiy  the  amount  of  undetcr- 
luned  and  fubfifting  policies  of  infurance,  by  them,  fubfcribed. 

And  the  Secretary  of  this  Commonwealth  is  hereby  directed  as 
bon  as  miay  be  after  paffmg  this  refolve,  to  caufe  it  to  be  publifned 
.1  the  feveral  newfpapers  in  which  tJic  laws  of  this  Common^'eaith 
re  publi&ed, 

Crder^ 


40  RESOLVES,  February  1 807. 

LVII. 

Order,  on  petition  of  Stephen  Torrey,  authorizing  the  Treafurer  to  de" 
liver  a  certain  order.     Feb.  23,  1807. 

Upon  the  petition  of  Stephen  Torrey,  praying  that  the  Treaf- 
urer of  the  Commonwealth,  may  be  authorized  and  directed  to 
deliver  the  faid  Torrey  or  his  attorney,  a  certain  order  faid  to  be 
forged,  now  on  the  files  of  the  Treafurer's  office: — 

Ordered,  That  the  prayer  of  faid  petition  be  granted,  and  the 
Treafurer  of  theCommonwealth  be,and  heis  hereby  authorizedand 
direded  to  deUver  to  faid  Torrey,  or  his  attorney,  a  certain  order 
now  on  the  hies  of  his  office,which  order  purports  to  have  been  figned 
by  the  faidStephenTorreyjtheamountwhereofisfaidtohavebeen  re- 
ceived by  Andrew  Fuller  ;  the  faid  order  to  be  ufed  as  evidence  in 
the  adlion  mentioned  in  faid  petition.  And  tho  faid  Treafurer  is  fur- 
ther directed  to  take  a  receipt  for  the  faid  (-rder  of  the  perfon  to 
whom  he  fhall  deliver  the  fame,  andf^jch  fecurity  ashefnali  think 
proper  that  the  faid  order  fhall  be  returned  into  his  faid  office  in  a 
reafonable  time  after  the  final  decifion  of  the  adion  aforefaid. 

L\Tir. 

Viefolvs,  granting  a  tax  for  the  County  of  Oxford.     Feb.  23,  ISO?. 

On  the  petition  of  Levi  Hubbard,  Efq.  Treafurer  of  the  Coun- 
ty of  Oxford,  ftating  that  the  eflimate  for  a  county  tax,  for  faid 
County  is  objeded  to  by  the  Committee  on  County  cftimates, 
becaufe  it  is  not  accompanied  by  a  ftatement  of  the  Treafury  of 
faid  County,  and  ftating  that  the  reafon  why  fuch  ftatement  does 
not  appear  as  required  by  law,  is,  that  faid  County  has  beenfo  re- 
cently organized,  that  no  tax  has  yet  been  paid  into  the  Treafury, 
fince  the  organization  of  the  fame  ;  and  he  therefore  prays,  that 
the  eftimate  for  a  tax,  made  by  the  Court  of  General  Scffions  of 
the  Peace  for  faid  County  on  the  fourth  Tuefday  of  September, 
J  806,  be  accepted  and  authorized  as  a  tax  for  faid  County  for  the 
current  year. 

Refohed,  For  reafons  ftatecl  in  faid  petition,  that  the  eftimate 
made  as  aforefaid  by  the  Juftices  of  faid  Court,  amounting  to  the 
fum  of  one  thoufand,  fix  hundred  and  twenty-two  dollars,  be 
granted  as  a  tax  for  faid  County  of  Oxford,  for  the  current  year, 
to  be  apportioned,  aflefled,  collected,  paid  in,  and  applied,  for  the 
purpofes  for  which  it  was  granted,  and  according  to  law. 

Refohey 


R?ESOLVES,  February  1807.  41 

LIX. 

Refolve,  on  petition  of  the  Committee  of  the  Seco?id  Parifl)  in  Mendon^ 
to  raife  money  by  a  tax,  for  repairs  of  the  Meeting  Houfe,  Feb- 
ruary 23,  1807. 

On  the  petition  of  a  committee  in  behalf  of  the  Second  Parifh 
in  Mendon  :— • 

Refolved,  That  the  faid  Second  Parifli  in  Mendon,  be,  and  here- 
by are  authorized  to  raife  the  fum  of  two  hundred  and  ten  dollars, 
to  be  afleffed  on  the  proprietors  of  pews  and  pew-grounds,  in  the 
Meeting-houfe  in  faid  Second  Farilh,  in  proportion  to  the  value  of 
faid  pews,  for  the  purpofe  of  repairing  faid  houfe. 

And  it  is  further  refohed.  That  the  affeifment  when  made,  fhall 
be  collected  by  the  Collector  of  faid  pariih,  in  the  fame  way  and 
maimer,  as  other  parifli  taxes  are  collected,  faving,  that  he  fliall 
have  power  only  in  cafe  of  non-payijient  to  levy  his  warrant  on 
the  pew  or  pew-grounds  of  fuch  delinquent. 

LX. 

Refolve,  relative  to  Pejepfcot  proprietors,  direBlng  the  Attorney  General 
or  Solicitor  Ge?ieral,  to  injiitute  an  inqueji  of  office.     Feb.  24,  1 807» 

Whereas,  it  appears  that  the  Pejepfcot  proprietors  have  not  com- 
plied with  the  report  of  referees  chofen  under  a  refolve  of  June, 
A,  D.  1798,  to  fettle  all  difputes  fubfifting  between  the  Con-imon- 
wealth  and  the  faid  Pejepfcot  proprietors,  and  that  Jofrah  little, 
agent  of  the  Pejepfcot  Proprietors,  in  March,  A.  D.  J  801,  did  pe- 
tition to  the  Legillature  to  be  permitted  to  make  and  execute  the 
deed  to  the  Commonwealth,  awarded  by  the  referees,  notwith- 
ftanding  the  time  had  elapfed  for  the  execution  thereof;  and  that 
thereupon  the  Legillature  palFed  a  refolve,  in  March,  1 801 ,  author- 
izing the  Supreme  Judicial  Court  to  receive  a  deed  of  releafe,  at 
any  future  time,  to  the  Commonwealth,  from  the  laid  proprie- 
tors, or  their  agent,  lawfully  empowered,  releaiing  by  laid  deed 
the  faid  lands,  as  directed  by  laid  referees,  in  fuch  manner  as 
would  be  fuflicient  to  bar  the  fxid  proprietors  from  any  furtlier 
claim  to  the  fame  ;  Provided,  and  on  condition  that  the  fettleis 
on  the  divided  as  well  as  the  undivided  lands  fhould  be  alike  qui- 
eted, in  manner  pointed  out  by  the  refolve  of  June  20,  17^8. 
And  whereas  the  Commiilioners  have  been  appointed  agreeably 
to  the  above  refolve,  to  appraife  the  lands  for  the  fettlcris,  which 
they  have  done,  and  made  return  thereof  to  the  Secretary's  office  ; 
the  fettlers  appeared  at  the  time  and  place  directed  by  the  com- 
miflioners,  with  their  mojiey  to  pay  the  agent  of  the  faid  proprie- 
F  tors 


42  RESOLVES,"  February  1807. 

tors  and  receive  their  deeds,  and  that  they  have  always  been,  and: 
ftill  are  ready  to  do  and  perform  on  their  parts,  every  thing  whick^ 
by  them  ought  to  be  done  and  performed  according  to  law ;  but, 
that  the  agent  of  the  faid  proprietors  intentionally  avoided  them, 
refufing  to  comply  with  the  report  of  the  commiflioners,  and  ex- 
prefsly  declaring  that  he  did  not  mean  or  intend  to  carry  into  ef- 
fect, that  part  of  the  refolve,  which  rcfpefted  the  quieting  of  fet- 
tlers  on  divided  lands.  By  this  conduct  of  the  agent  of  faid  pro- 
prietorSjin  refufing  to  comply  with  the  condition  expreifed  in  the 
refolve  of  March,  1801,  it  is  confidcred  that  the  proprietors 
have  forfeited  all  the  advantages  that  could  or  might  otherwife 
have  refulted  to  them  from  that  refolve  ;  and  alio,  that  previous 
to  that  refolve,  they  had  forfeited  any  title  which  they  might  have 
derived  from  the  award  of  the  referees,  and  the  judgment  of 
Court  thereon,  in  the  extenfion  of  their  claim  by  not  fulfilling  the 
conditions  of  the  fame.  It  will  therefore  be  for  the  intereft  of  the 
Commonwealth,  and  juft  and  equitable  as  it  refpects  the  fetders  on 
that  part  of  the  claim  above  Brufwick  Falls,  to  have  the  true  ex- 
tent of  faid  claim,  afcertained  by  judgment  of  law,  on  a  new  in-^ 
queft  of  office. 

Therefore  refolved.  That  the  Attorney  General,or  Solicitor  Gen- 
eral, be,  and  they  are  hereby  directed  to  inftitute  an  inqueft  of  of- 
fice, or  any  other  procefs  in  law,  that  the  Attorney  Gener- 
al, or  Solicitor  General,  or  either  of  them,  fliall  determine  moft 
advifable  againfl  the  Pejeplcot  proprietors,  to  afcertain  the  ti- 
tle in  the  Commonwealth  to  revert  the  pofTeffion  of  the  land  on 
both  fides  of  the  Androfcoggin  River,  above  and  northerly 
of  a  fouthwelf  line  drawn  on  the  wefterly  fide  of  faid  river,  from 
the  uppermoft  part  of  the  upper  falls  in  tlie  town  of  Brunfwick  ; 
and  on  the  eall  fide  of  laid  river,  northwardly  of  a  northeaft  line 
drawn  from  faid  river,  five  miles  above  the  faid  uppermoft  falls 
in  the  town  of  Brunf\^ick,  extending  up  the  faid  river  to  the  lim- 
its of  this  Commonwealth,  land  holding  the  breadth  of  four  miles 
on  the  weft  fide  of  laid  river,  and  extendins:  to  the  lands  bclono:- 
mg  to  the  Piymouth  Company,  and  Kcnnebcck  River  on  the  eall 
lide  of  faid  river  ;  unlefs  the  Pejepfcot  Proprietors  (or  thofe  to 
whom  any  part  of  faid  lands  were  divided)  fhall,  w  ithin  fix 
months  frcm  and  after  the  pafTmg  of  this  refolve,  make,  execute, 
and  deliver,  good  and  fufficient  deeds  to  all  the  fettlers  agreeable 
to  the  report  cf  the  Commiflioners  appointed  by  virtue  of  the 
laid  refolve,  of  IMarch  IGOl,  now  in  the  Secretary's  office,  within 
the  faid  term  of  fix  months  ;  and  alfo  a  deed  to  the  Common* 
wealth,  to  be  made,  executed  and  delivered,  agreeable  to  the  re- 
port of  fliid  referees,  within  the  faid  term  of  lix  months  j  and  al- 
fo 


RESOLVES,  February  1807.  4S 

fo  unlefs  the  faid  proprietors  fliall,  within  the  faid  term  of  fix 
months,  pay  to  Nathaniel  Dummer,  Ichabod  Goodwin,  and  John 
Lord,  Efq'rs,  the  commiflioners  aforefaid,  the  fum  of  two  hun- 
dred dollars  and  feventy  one  cents,  it  being  a  balance  due  to  them 
^or  their  fervices  in  the  execution  of  faid  commiffion  above  refer- 
red to,  with  the  intereft  for  that  fum  from  the  time  when  they 
completed  faid  fervices  ;  and  when  the  terms  and  conditions  here- 
in before  expreffed  to  be  done  and  performed  by  faid  proprietors 
in  manner  and  form  as  is  above  expreffed,  according  to  the  true 
intent  and  meaning  thereof,  then  the  faid  proprietors  fhall,  in  all 
refpe6ls,  have  and  enjoy  the  rights  and  privileges  which  they 
might  have  been  entitled  to  and  enjoyed,  had  they  complied  with 
the  faid  award  of  referees,  and  the  faid  refolves  of  the  Gener- 
al Court,  and  no  inconvenience  fhall  afterwards  accrue  to  them 
in  confequence  of  any  fuppofed  forfeiture  of  their  rights  iii  that 
rbehalf 

LSI. 

IRefolve^  authcri'zhig  Andrew  and  Jofeph  Tifcomb,  of  Portland,  to  ??iakc 
a  deed  to  the  heirs  of  James  Gray.     Feb.  24,  1807. 

On  the  petition  of  Sufannah  Gray,  widow  of  James  Gray,  late 
•of  Standifli,  in  the  County  of  Cumberland,  deceafed,  and  guardi- 
an of  Samuel  Gray,  Charles  Gray,  George  Gray,  Sarah  Gray,  and 
Lydia  Gray,  minors,  and  children  of  the  faid  James  Gray,  ftating, 
that  in  the  years  one  thoufand  fcvcn  hundred  and  ninety,  and 
ninety  one,  he  the  faid  James,  gave  to  Deacon  Benjamin  Titcomb, 
of  Portland,  in  faid  County,  fevexal  notes  of  hand,  and  by  a  wri- 
ting of  the  faid  Benjamin,  bearing  even  date  with  faid  notes,  he 
promifed  and  engaged  to  and  with  the  faid  James,  that  whenever 
he  fliould  pay  or  caufe  to  be  ;paid  the  fums  mentioned  in  faid  notes^ 
that  then  he,  the  faid  Benjamin,  would  make  and  execute  to  the 
faid  James  or  his  heirSj,  good  and  fuihcient  deeds  of  half  the  hun- 
dred acre  lot,  number  forty-nine,  in  the  fecond  divifion,  fo  called, 
in  faid  Standifli ;  and  alfo  the  northerly  half  of  the  hundred  acre 
lot  in  faid  fecond  divifion, in  faid  town,  numbered  forty-eight ;  and 
that  the  faid  James  in  his  Hfe  time,  paid  to  the  faid  Benjam.in  the 
feveral  fums  mentioned  in  his  faid  notes  of  hand,  but  that  the  faid 
Benjamin  died  without  fulfilling  the  conditions  on  his  part  : — 

Therefore  refolved^  That  Andrew  Titcomb,  of  Falmouth,  and  Jo- 
feph Titcomb,  of  Portland,  adminifcrators  on  the  eftate  of  the 
faid  Benjamin,  be,  and  they  hereby  arc  authorized  and  em.power- 
ed  to  make  and  execute  good  and  fufRcient  deeds  of  conveyance 
to  the  aforefaid  heirs  of  the  faid  James  Gray,  of  the  aforefiid  two 

half 


4^  RESOLVES,  February  1807. 

half  lots  of  land,  which  deeds  when  fo  executed,  fhall  be  as  good 
and  lufficicnt  in  law,  as  if  they  had  been  made  and  executed  by 
the  faid  Benjamin  in  his  life  time. 

LXII. 

Rifohc,  extending  the  time  for  agents  of  e  aft  em  lands  to  fettle  -with  per -_ 
fons  in  pojfejjion  of  lands  at  Mount  Defert.     Feb.  24,  1807. 

Whereas,  by  a  refolve  of  the  twenty-fourth  of  June,  1 806,  the 
agents  for  eaftern  lands  were  directed  to  fettle  with  certain  perfons 
in  polfefTion  of  lands  on  the  illand  of  Mount  Defert,  prior  to  the 
year  1785  ;  and  twelve  months  from  the  date  of  the  refolve  were 
allowed  to  the  fettlers  to  make  payment  for  their  lands,  but  the  a- 
gents  having  ftated  to  this  Court,  that  the  time  allowed  will  not 
be  fufficient  to  complete  the  bufmefs  ; — 

Therefore  Rcfoived^  That  a  further  tim.e  of  eight  months  from 
the  twenty-fourth  day  of  June,  )  807,  be  allowed  to  the  agents,  tq 
fettle  the  buflnefs  with  the  fettlers,  and  for  the  fettlers  to  make 
payment  for  their  lots  agreeably  to  faid  refolve  of  the  twenty- 
fourtli  of  June  lail.  '  ' 

LXIII. 

Refohe,  authorizing  Samuel  S.  Sfurtevant,  of  Halifax,  to  execute  deeds 
to  William  and  Jofeph  Bo-zijuorih,     Feb.  24,  1 807- 

Refohed,  That  Samuel  Stafford  Sturtevant,  of  Halifax,  in  the 
County  of  Plymouth,  as  adminiftrator  on  the  eftate  of  John  Boz- 
worth,late  of  faid  Halifax,  deceafed, be, andhe  hereby  is  authorized 
nndempo^^ed  to  m.ake  and  execute  to  William  Bozworth,  a  good 
-and  ample  deed  of  fale,  of  about  eight  acres  of  land,  w'nh.  adwelJing- 
houfe  and  barn  {landing  thereon,  bounded  northerly  by  the  road 
k-ading  to  Bridgwater  ;  wefterly  by  Plympton  road  ;  foutherly  by 
the  land  of  Daniel  Bozworth,  and  eafterly  by  bnd  of  Captain  John 
Waterman  ;  and  alfo  a  fmall  piece  of  frefh  meadow,  aliigncd  to  the 
deceaied  in  the  divifion  of  his  father's  eftate;  for  the  confidera- 
tion  offeven  hundred  and  twelve  dollars,  wliich  the  faid  John 
Bozworth  in  his  life  time  received  of  the  faid  William  Bozworth. 
And  alfo,  to  make  and  execute  to  Jofeph  Bozworth,  a  good  and 
ample  deed  of  fale,  of  ten  acres  of  land,  bounded  by  the  road  lead- 
ing to  r.Iiddieborough,  and  by  the  lands  of  WiUiam  Watermrn, 
and  John  XVaterman,  for  the  confideration  of  one  hundred  and  iif~ 
ty  dollars,  which  the  faid  John  Bozworth  in  his  life  time  received 
of  the  faid  Joieph  Bozworth  ;  which  deeds,  when  fo  made  and 
executed,  to  the  faid  William  Bozworth,  and  Jofeph  Bozworth, 
iliall  be  as  good  and  etfectual  in  law,  to  convey  all  the  right,  title, 

and 


RESOLVES,  February  1807.  45 

and  intereft  which  the  faid  John  Bozworth  had  in  the  prcmifes,  as 
if  the  faid  John  in  his  life-time  had  made  and  executed  the  fame. 

LXIV. 

Rcfolve,  on  the  petition  of  Jonathan  Ward,  authorizing  Andr'cw  and  Jo-, 
fcph  Titconib,  to  execute  a  deed.     Feb.  24-,  1807. 

On  the  petition  of  Jonathan  Ward,  of  Standilh,  in  the  County 
of  Cumberland,  ftating^  that  in  June,  1794,  he  gave  his  note  of 
hand  to  Deacon  Benjamin  Titcomb,  of  Portland,  in  fiid  County, 
for  twenry  feven  pounds,  ten  fliiiUngs,  and  alfo  his  other  note  of 
hand  to  Jedediah  Lombard,  for  eighteen  pounds  ten  fliillings,  for 
which  confideration,  the  faid  Benjamin  for  himfelf  and  heirs,  cov- 
enanted to  the  faid  Ward  and  his  heirs,  that  a  good  and  fufficient 
deed  fhould  be  executed  of  the  northweft  half  of  the  two  hundred 
acre  lot,  numbered  forty-nine,  in  the  fecond  divifion,  in  faid  Stand- 
ilh, and  prefented  to  the  faid  Ward  or  his  heirs,  when  he  or  they 
fliall  complete  the  payment  of  faid  note  : 

And  furthermore,  that  he  the  f  dd  Jonathan  hath  taken  up  one  of 
the  faid  notes,  and  paid  the  great  ell  part  of  the  other  ;  and  prayr, 
that  fome  perfon  or  perfons  may  be  authorized  to  execute  a  good 
and  fufficient  deed  of  the  premifes  : 

Refolvcd,  For  reafons  fet  forth  in  fliid  petition,  that  Andrew^ 
Titcomb,  of  Falmouth,  and  Jofeph  1  itcpmb,  of  Portland,  execu- 
tors of  the  laft  will  and  teftament  of  the  faid  Dea.  Benjamin  '1  ir- 
comb,  now  deceafed,  be,  and  they  hereby  are  empowered  to  con- 
vey, by  good  and  fufficient  deed,  to  the  faid  Jonathan  Ward,  his 
h-aiVs  and  afligns,  the  laid  northeall  half  of  the  hundred  acre  lot, 
numbered  forty-nine,  in  the  fecond  divifion  in  faid  Standifii,  upon 
condition  that  the  faid  Ward  fliall  pay  all  monies  that  fliall  be  com- 
ing or  due  on  faid  notes. 

LXV. 

Rcfohc  on  petition  of  Carpenter  Winflow,  authorizing  Mary  and  Eben- 
ezer  Fareiuell,  to  execute  a  deed.     leb.  24,  1807. 

On  the  petition  of  Carpenter  V/inllow,  and  alfo  of  Ebenezer 
Farewell,  and  Mary  Farewell,  adminiftrators  of  Bunker  Farewell, 
deceafed-: — 

Refolved,  For  reafons  fct  forth  in  faid  petition,  that  the  faid  Ma- 
ry Farewell,  and  Ebenezer  Farewell,  adminiilrators,  be,  and^  they 
hereby  are  empov/ered,  to  make  and  execute  a  good  and  fufiicient 
deed  of  a  lot  of  land,  bounded  as  follows,  viz.  fituatc  on  the  eaft- 
ern  fide  of  Kennebec  river,  iu  the  town   of  Pittfion,  beginning  on 

the 


4-S  RESOLVE^,  February  1807. 

tliefouth  line  of  land,  belonging  to  Jolin  Seely,  the  aforefaid  river, 
and  from  thence  running  down  faid  riv^ir  by  the  water  fide,  twen- 
ty-lix  rods;  thence  eaft-fouth-eaft ;  thence  north-north-eaft; 
'thence  weil-north-weft,  to  the  bounds  firft  mentioned,  to  contain 
iixteen  acres,  to  faid  Carpenter  Winflow,  upon  faid  Winflow's  pay- 
ing the  note  referred  to  in  faid  petition. 

LXVI. 

P.cfolvc^  on  the  pci'it'iGn  of  Daniel  Ciumiiings  and  others^  authorizing  the 
raifing  a  company  of  Artillery,  from  the  towns  ofBoxford,  Bradford 
and  Andover,     Feb.  24,  1807. 

On  the  petition  of  Daniel  Cummings  and  others,  praying  for  the 
eftablifhment  of  a  company  of  Artillery,  in  the  towns  of  Bradford, 
Boxford,  and  Andover,  and  2d  Brigade,  2d  Divifion  of  the  Militia 
of  this  Commonwealth  : — 

Refok'cd,  That  the  Governor,  with  the  advice  of  Council,  be, 
and  he  hereby  is  authorized  to  form  a  company  of  Artillery,  to  be 
€nlifted  in  the  towns  of  Bradford,  Andover  and  Boxford  ;  Provide 
ed,  the  {landing  companies  in  faid  towns  Ihall  not  thereby  be  re- 
duced below  the  number  of  lixty-four,  rank  and  file. 

LXVII. 

Refolve,  granting  for  the  ufe  of  Hebron  Acadcnvj,  an  half  toivrtfhip  of 
land.     Feb.  24,  1807. 

On  the  petition  of  John  Greenwood,  in  behalf  of  the  Truftees  of 
Hebron  Academy,  praying  for  the  ufual  grant  of  half  a  townftiip 
for  the  ufe  of  the  faid  Academy  ; — 

Refolvcd,  That  there  be,  and  hereby  is  granted  unto  the  Truf- 
tees of  Hebron  Academy,  for  the  ufe  and  benefit  of  faid  Academy, 
one  half  townfiiip  of  land,  of  the  contents  of  fix  miles  fquare,  out 
of  any  of  tlie  unappropriated  lands  of  this  Commonwealth,  in  the 
Diftricl  of  Maine,  (except  the  ten  townfliips  on  Penobfcot  river,  pur- 
chafed  of  the  Indians,  and  the  townfhip  number  four,  in  the  fecond 
range  of  townfliips,  north  of  the  Waldo  Patent)  faid  half  townr 
fhip  to  be  laid  out  under  the  direction  of  the  Commonwealth's 
agents,  for  the  fale  of  eaftern  lands,  fubjecl  to  the  ufual  refcrva- 
tions  and  conditions  of  fcttlement. 

Kefoliie^ 


RESOLVES,  February  1807.  4?r 

LXVIII. 

Kefohe,  grafiting  a  fax  to  the  County  of  Hampjhire, 
February  24,  1807. 

On  the  reprefentation  of  the  Committee  on  County  eftimates, 
ftating,  that  the  Treafurer*s  account  for  the  County  of  Hamplliire, 
are  not  conformable  to  law.  It  appearing  that  his  accounts  had 
not  paffed  an  examination  andfettlement,  from  January  1805  till 
January  1 807  ;  and  there  appearing  no  detailed  and  fpecific  ftate- 
ment  of  the  difl"erent  charges  during  the  period,  in  his  account 
current,  adjufted  by  a  Committee  of  the  Court  of  SeiTions,  the 
eio-hth  of  January  laft  ;  but  as  great  inconveniences  and  embarraiT- 
ments  may  arife  to  faid  County  if  no  tax  is  authorized  for  faid 
County  the  prefent  year : — 

Therefore  refohed.  That  the  Treafurer  of  faid  County  of  Ilamp- 
Ihire  be  required  to  make  out  a  true  and  detailed  ftatement  of  the 
account  on  which  his  account  current,  as  fettled  on  the  eighth  of 
January  was  founded,  according  to  the  requifitions  of  law,  to  be 
examined  by  a  Committee  of  the  Court  of  Seflions  for  faid  Coun- 
ty, and  accepted  by  faid  Court.  Or  fhall  m.ake  a  true  and  exacl: 
copy  of  the  detailed  account  current  of  the  faid  Treafurer,  with 
the  faid  County  as  examined  and  fettled  by  a  Committee  of  faid 
Court  of  Seflions,  upon  which  faid  general  fettlement  was  made  ; 
which  flatement  fhail  be  exhibited  at  the  time,  when  the  next  ap- 
pHcation  fhall  be  made  for  a  tax  for  the  flime  County. 

And  it  is  further  refohed.  That  the  eflimate  made  by  the  Court 
of  General  Seflions  of  the  Peace,  for  faid  County,  on  the  third- 
Monday  of  January,  1807,  amounting  to  five  thoufand  dollars,  be 
granted  as  a  tax  for  faid  County  for  the  current  year,  to  be  appro* 
priated,  affefled,  collefted,  paid  in,  and  applied  for  the  purpofes  foJT 
which  it  was  granted,  and  according  to  law. 

LXIX. 

Refohe,  on  petition   of  William  Roberts   and  others,    aiiiborizing  a- 

Company  of  Light  Infantry  to  be  raifcd  in  Salem, 

February  24,  1807. 

Refolved,  That  His  Excellency  the  Governor,  with  the  advice 
of  Council,  be,  and  hereby  is  authorized  to  raife  by  voluntary  en- 
iiftment,  a  Company  of  Light  Infantry  in  the  town  of  Salem,  in  the 
County  of  Efl'ex,  to  be  called  by  the  name  of  the  Mechanic  Light 
Infantry.  Provided  the  fl:anding  Companies  in  faid  town  fnall 
not  be  reduced  below  the  number  required  by  law  ;  and  when  fo 
raifed,  to  be  aimexed  to  the  firfl  Regiment,  iirll  Brigade,  fccond 

Diviflon,. 


*£^  RESOLVES,  February  1807. 

Divifion  of  the  Militia  of  this  Commonwealth,  and  fhallbe  fubjeft 
to  all  fuch  rules,  regulations,  and  reftrictions,  as  are  or  may  be 
provided  by  law,  for  the  government  of  the  Militia  of  this  Com- 
monwealth. 

LXX. 

Refolve^  relinquijhing  all  right  of  the  Commchivealth  to  any  EJlate  of 
Daniel  Englifh.     February  24,  1807. 

On  the  petition  of  Sarah  Englifli,  ftatinpj  that  Daniel  Englifli, 
of  Bofton,  her  late  hufband,  died,  feized  of  a  certain  real  Eftatc 
in  faid  town,  which  by  hiL>  will,  exhibited  with  faid  petition,  fub- 
fcribcd  by  two  witnelTes  only,  he  intended  to  convey  to  her  ; 
and  alio  Hating  that  there  are  no  heirs  at  law  of  the  faid  Daniel 
Englidi  : — ' 

Rcfolvcd^  That  this  Commonwealth  rcmife,  releafe,  and  forever 
quit  claim,  and  do  hereby  remife,  releafe,  and  quit  claim,  to  the 
faid  Sarah  EngUfh,  and  her  lieirs  and  afiigns,  all  right  tliat  they 
have,  or  may  have,  to  any  of  the  ellate  of  the  faid  Daniel  EngUfh, 
by  efclieat  for  want  of  heirs. 

LXXI. 

Rcfoivej  on  petition  of  Vtlfif/ozu  Parser,  of  Grolon^  directing  the  At' 

iorney  General  to  defend  him  in  a  fuit  injiituted  by  James  Martin. 

Februery  24,  1 807. 

On  the  petition  of  Winflow  Parker,  praying  that  this  Com- 
monv/ealth  v/ould  defend  or  indemnify  him  aguinft  a  certain  fuit 
brought  againft  him,  and  now  pending  in  the  Circuit  Court  of 
the  United  States,  for  Maflachufetts  Diftri<ft,  by  James  Martin,  to 
recover  the  polTellion  of  certain  lands  in  Groton,  in  the  County 
of  Middlefex,  which  were  conveyed  by  this  Conniionwealth  to 
laid  Parker  with  warranty  : — 

Refolvcd^  That  the  Attorney  General  of  this  Commonwealth, 
be,  and  he  is  hereby  authorized  and  requefted  to  appear  in  faid 
fuit,  on  behalf  of  this  Commonwealth,  to  examine  into  the  title 
of  laid  Martin  whereon  he  founds  his  claim  to  the  pofiellion  of 
fiid  lands,  and  to  defend  againft  the  faid  title  and  claim,  if  the 
faid  Attorney  General  fliall  think  expedient,  and  not  otherwife. 

And  it  is  further  refch-ed^  That  the  faid  Attorney  General  be, 
and  he  is  hereby  authorized,  to  liibftitute  any  other  perfon  or 
perfons  to  do  and  perform  all  or  any  of  the  foregoing  matters 
and  things,  in  his  Head,  as  he  may  find  it  to  be  ncceffary  or  con- 
venient. 

And 


RESOLVES,  February  180%  49 

And  it  is  further  refolved^  That  His  Excellency  the  Governor, 
with  advice  of  the  Council,  be,  and  he  hereby  is  rcquefted,  to 
draw  his  warrant  on  the  Treafury  of  this  Commonwealth,  in  fa- 
vour of  faid  Attorney  General,  for  fuch  fum  of  money  as  faid 
Attorney  General  may  requeft,  not  exceeding  One  hundred  Dol- 
lars, to  enable  him  to  defray  the  neceffary  expenfes  arifmg  in  the 
difcharge  and  performance  of  the  duties  here  enjoined,  he  to  be 
accountable  for  the  expenditure  of  faid  fum. 

LXXII. 

Refolve^  granting  One  thoufand  Dollars  to  the  Society  for  propagating 
the  Gofpel  among  the  Indians  and  others.      February  25,  1807. 

On  the  petition  of  the  Society  for  propagating  the  Gofpel  a- 
mong  the  Indians  and  others,  in  North- America, 

Refohed,  That  there  be  granted  and  paid  to  the  Society  for 
propagating'  the  Gofpel  among  the  Indians  and  others,  in  North- 
America,  out  of  the  Treafury  of  this  Commonwealth,  the  fum  of 
One  thoufand  Dollars,  to  be  laid  out  and  expended  in  the  pur- 
chafe  of  religious  Books,  in  educating  the  Youth,  and  for  propa- 
gating the  Gofpel,  in  fuch  parts  of  this  Commonwealth  as  are  un- 
able to  furnifh  themfelves  wiih  Books,  Teachers,  and  Inftruclors. 

LXXIII. 

Refohej  for  paying  the  Witnejfes,  in  the  cafe  of  John  Mycall. 
February  25,  1 807. 

Refohed,  That  there  be  allowed  and  paid  out  of  the  Treafury 
of  this  Commonwealth,  to  the  following  perfons,  who  were  fum- 
moned  and  attended  before  a  Committee  of  the  Houfe  of  Rep- 
refentatives,  upon  the  complaint  exhibited  againft  John  Mycall, 
Juflice  of  the  Peace,  the  refpeclive  fums  following — viz. 

To  Jofeph  Allen,  Efq.     Seventeen  Dollars. 
„  Benjamin  Kimball,     Fourteen  Dollars  and  50  Cents. 
„  George  Robinfon,     Twelve  Dollars  and  50  Cents. 
5,  Silas  Holman,     Fourteen  Dollars  and  50  Cents. 
„  Abraham  Gates,     Eighteen  Dollars. 
„  Timothy  Whiting,     Fifteen  Dollars. 
„  Jonathan  Symonds,     Fourteen  Dollars  and  50  Cents. 
„  Jacob  Whiting,     Fourteen  Dollars  and  50  Cents. 
5,  Gladwin   ChafHn,     Fourteen  Dollars  and  50  Cents. 
„  Jacob  Robbins,     Fourteen  Dollars  and  50  Cents. 
And  to  Ebenezer  Sheddon,  for  the  travel  and  attendance  of  him- 
felf  and  his  wife.     Five  Doljars. 

Q  Alfo— 


44  d 

ollars. 

30 

» 

13 

r> 

41 

5> 

33 

^t- 

SO  RESOLVES,  February  180T: 

Alfo — To  Oliver  Hill,  Six  Dollars  and  34  Cents  ;  and  to  John- 
Jutau,  Three  Dollars — for  their  fervices  refpectively,  in  fummon- 
hig  witnefles  in  faid  cafe. 

LXXIV. 

Refohe,  for  paying  Committee  on  Accounts.     February  25,  1 807. 

Refolvcd,  That  there  be  allowed  and  paid  out  of  the  Public  Treaf- 
ury,  to  the  Committee,  appointed  to  examine  and  pafs  on  Ac- 
counts prefented  againft  the  Commonwealth,  for  their  attendance 
on  that  fervice  during  the  prefent  feiTion,  the  fums  annexed  to 
their  names  refpeclively,  in  addition  to  their  pay  as  members  of 
the  Legiflature,  viz. 

Hon.  Thomas  Hale,  Forty-four  days, 

Hon.  John  Farley,  Thirty  days, 

Jofeph  Titcomb,  Efq.  Thirteen  days, 

David  Perry,  jun.  Efq.  Forty-one  days, 

Wm.  Young,  Efq.  Thirty-five  days, 

which  fums  fhaU  be  in  full  for  their  fervices  aforefaid. 

LXXV. 

Refolve,  granting  Jacob  Kuhn,  two  hundred  andffty  dollars ^  for  fu* 
el,  i^e.     February  26,  1 807. 

Rtfohcd,  That  there  be  allowed  and  paid  out  of  the  Trcafury  of 
this  Commonwealth,  to  Jacob  Kuhn,  meflenger  to  the  General 
Court,  tlie  fum  of  two  hundred  and  fifty  dollars,  to  enable  him  to 
pay  for  fuel,  and  other  necefl'ary  articles  for  the  ufe  of  faid  court) 
he  to  be  accountable  for  the  expenditure  of  the  fame. 

LXXVI. 

Refohe,  granting  Mary  Dickenfon,  cne  hundred  and  forty-fix  dollars- 
for  her  relinquiflnng  dower  in  fifty  acres  of  land  in  Lenox,  fold  t> 
Thaddeus  Thompfon.     February  26,  1 807. 

Whereas,  purfuant  to  a  refolve,  palled  June  1 8,  1 806,  authoriz- 
ing William  Walker  Efq.  to  fettle  the  claim  of  Mary  Dickenfon, 
widow  of  Elizur  Dickenfon,  late  of  Stockbridge,  in  the  County  of 
Berkfhire,  to  fifty  acres  of  land  in  Lenox,  in  the  County,  conveyed 
to  Thaddeus  X'^^on^pfon*  by  Jonathan  Smith,  and  Nathaniel  Kingf- 
ley,  Efq'rs,  agents  of  faid  Commonwealth,'  the  fiid  William  Wal- 
ker hath  reprefcnted  to  this  Court,  that  he  hath  procured  there- 
leafe  of  the  faid  Mary  to  be  made  to  the  laid  Thaddeus,  in  confid- 
eration  of  one  hundred  and  forty-fix  dollars  and  feventy-two  cents, 
to  be  paid  the  faid  Mary  by  the  Commonwealth. 

Therefore 


RESOLVES,  February  1807.  51 

Therefore  refohed.  That  there  be,  and  hereby  is  granted  to  the 
fliid  Mary  Dickenlbn,  the  ium  of  one  hundred  and  forty-fix  dol- 
lars and  feventy-two  cents,  to  be  paid  her  out  of  the  Treafury  of 
this  Commonwealth,  in  full  compenfation  for  her  claims  on  faid 

eftate. 

LXXVII. 

^Refolve,  on  the  petition  of  William  G.  Warren,  granting  two  hundred 
•and  fifty  dollars,  part  of  the  fum  received  by  the  Treafurer  of  Ken- 
-"^neheck,  on  recognizance  of  NathanielTibhets,     Feb.  27,   1 807. 

On  the  petition  of  William  G.  Warren  :- 

Refolded,  For  the  reafons  let  forth  in  faid  petition,  that  the 
Treafurer  for  the  County  ofKennebeck,  be  authorized  and  dircd- 
ed  to  pay  to  the  faid  William  G.  Warren,  the  fum  of  two  hundred 
and  fifty  dollars,  part  of  the  fum  received  by  him  faid  Treafurer,  on 
the  recognizance  of  Nathaniel  Tibbets,  jun.  taking  his,  the  laid 
William  G.  Warren's  receipt  for  the  faid  fum  of  two  hundred  and 
fifty  dollars,  which  receipt  lliall  be  an  acquittance  and  difcharge  to 
raid  Treafurer,  for  fo  much  of  the  moniesreceived  on  account  of 
faid  recognizance, 

LXXVIIL 

■;Refohc,  on  the  petitions  of  James  Po^nroy  and  Samuel  Hardy,  ?naking 
grants  to  compcnfatefor  wounds  received,  and penfioning faid  Pcmroy. 

February  27,  1807. 

On  the  petition  of  JofephPomroy,  jun,  and  Samuel  Hardy ,pray. 
ing  for  compenfation  for  injuries  iullained  by  the  exploiion  of  a 
piece  of  Artillery,  at  a  General  Mufter  and  Review,  in  the  town 
of  Hampden. 

Refohed,  That  there  be  allowed  and  paid  out  of  the  Treafury  of 
this  Commonv/ealth,  to  the  fiiid  Jofeph  Pomroy,  jun.  in  confe- 
quence  of  having  loft  his  right  arm,  in  manner  as  aforefaid,  the 
-fum  of  two  hundred  and  fifty  dollars,  to  enable  him  to  pay  the 
-doctors,  nurfes,  and  other  expenfes  arifmg  from  the  faid  misfor- 
tune, and  an  annuity  or  penfion,  of  five  dollars  per  month,  during 
his  natural  life.  And  alfo,  that  there  be  allowed  and  paid  to  the 
faid  Samuel  Hardy,  in  confequence  of  having  his  right  hand  fliat- 
tered  and  injured  by  the  faid  explcfion,  the  fum  of  one  hundred 
.dollarso 


Refolve 


52  RESOLVES,  February  1807. 

LXXIX. 

Rcfolve,  requiring  the  Prefidcnt   and   DireSlors  of  Banks    to  Jlate,  in 
their  femi-annual  j'ct urns,  the  laji  declared  dividend. 

Feb.  27,  ]807. 

Refohed,  That  the  Prefidcnt  and  Directors  of  the  feveral  Banks 
in  this  Commonwealth,  who  are  required  to  make  returns  femi- 
annually,  be  directed  to  ftate  in  all  future  returns,  the  laft  dividend 
declared  by  faid  banks  refpeclively,  prior  to  faid  returns  ;  and  al- 
fOjto  ilatc  the  amount  of  profits  or  income  which  was  due,  or  in 
poifellion  of  the  faid  Banks  refpeclively,  at  the  time  the  laft  divi- 
dend was  declared,  and  not  included  therein  ;  and  that  the  Secre- 
tary of  the  State,  be  dire<5ted,  within  four  weeks,  to  forward  a 
copy  of  this  Refolve  to  the  Prefident  and  Directors  of  every  in-, 
corporated  Bank  in  the  State. 

LXXX. 

Refohc,  making  an  addition  to  the  alloixjance  granted  to  Rev.  James  Re* 
natus  Romagne.     Feb.  27,  1807. 

On  the  petition  of  James  Renatus  Romagne,  a  teacher  of  moral- 
itv  and  religion,  among  the  Penobfcot  and  Pallamaquoddy  tribes 
of  Indians  : — 

kejolved.  That  there  be,  and  hereby  is  appropriated  a  further 
fum  of  feventy-five  dollars  per.  annum,  in  addition  to  two  hun- 
dred and  feventy-five  dollars,  which  he  now  receives  as  a  teacJi- 
€r  of  morality  and  religion  among  faid  tribes  of  Indians,  until  the 
further  order  of  this  General  Court. 

LXXXI. 

Refolve,  gninting    the  iacn  cf  Korthport,  eighty-izc-o  dollars  and  eigh- 
ty  cents,  for  tax  recovered,  that  bad  been  remitted.     Feb.  27,  1807. 

Whereas,  the  Treafurer  of  this  Commonwealth  has  ifTued  his 
execution  againft  Thomas  Burkmer,  Collcc1:or  of  the  town  of 
Northport,  tor  the  fum  cf  fcvcnty-two  dollars,  affell'ed  on  faid 
town,  in  the  year  one  thouland  eight  hundred  and  five,  together 
with  ten  dollars  and  eighty  cents  cofts,  and  recovered  the  fame. 
And  whereas  the  General  Court  by  their  refolve,  palled  March 
5,  ]  806,  remitted  the  faid  tax  to  the  faid  town. 

Refolved,  That  the  Treafurer  be,  and  he  hereby  is  authorized 
and  ciirected  to  pay  to  the  Selectmen  of  the  town  of  Northpcrt,  the 
fam  of  eighty-two  dollars  and  eighty  cents,  for  the  ufe  of  faid 
town  J  and  his  Excellency  the  Governor,  with  advice  of  Council, 
is  rcqucitcd  to  iiiue  his  v/arr^nt  accordingly.  Rifch-ty 


RESOLVES,  February  1807.  5S 

LXXXII. 

Kefohve^  direding  Agents  on  eajlern  land  to  decide  and  fettle  claims  of 
tbe  proprietors  of  Buckficld.      Feb.  27,  1807. 

Whef  -  m  and  by  a  certain  refolve  of  the  General  Court,  da- 
ted Jur:  :  1803,  upon  the  petition  of  the  proprietors.  Commit- 
tee and  .^eisctmen  of  Buckfield,  in  the  County  of  Cumberland,  the 
H(m.  Pc.leg  Coffin,  and  John  Read,  Efq'rs,  agents  for  the  fale  of 
eaftern  lands,  were  authorized  to  decide  and  fettle  certain  claims 
of  faid  petitions,  on  conditions  prefcribed  in  faid  refolve  ;  and 
v/hereas  the  Hon.  Peleg  Coffin  died  without  carrying  into  execu- 
tion the  provifions  and  objeft  of  faid  refolve  : 

Therefore,  be  it  refohed,  I'hat  John  Read,  and  William  Smith, 
EIq'i"s,  agents  for  the  fale  of  eaftern  lands,  be,  and  they  hereby  are 
authorized  to  do  and  perform  all  things  authorized  and  enjoined 
by  faid  refolve,  of  the  tv^^enty-fecond  of  June,  1 803,  and  carry  the 
fame  refolve  into  full  effect  on  the  like  conditions  and  provifions, 
as  defcribed  in  faid  refolve,  and  as  the  laid  Peleg  CofTm  and  John 
Read  were  empowered  to  do,  and  not  otherwife. 

LXXXIU, 

Refolve,  on  petition  of  Daniel  Wyman,  John  and  Edward  Wheeler,  di- 
r  reeling  agents  for  the  fale  of  Eafiern  lands,  to  convey  a  part  of  a 
gore  of  land  in  Chefierville.     Feb.  27, 1807. 

On  the  petition  of  Daniel  Wyman,  John  Wheeler,  and  Edward 
Wheeler,  praying  for  liberty  to  purchafe  part  of  a  gore  of  land  in 
the  town  of  Cheitcrville,  in  the  County  of  Kcnnebeck,  it  being  the 
property  of  this  Commonwealth  :— 

Refolved,  That  the  agents  for  the  fale  of  eaftern  lands,  be,  and 
they  hereby  are  authorized  and  empov/ered  to  fell  and  convey  un- 
to the  faid  Daniel  Wyman,  John  Wlieelcr  and  Edward  Wheeler, 
or  any  other  perfon  or  perfons,  ail  the  lands  owned  by  the  C-om- 
monwealth  in  faid  gore,  within  the  limits  of  the  town  of  Chefter- 
ville  aforefaid,  for  luch  fums  and  on  fuch  conditions  as  faid  agents 
fhall  deem  juft  and  reafonable. 

LXXXIV. 

Refolve,  dif charging  the  agents  on  Eafiern  lands  from  ffty  one  thou- 
fand  nine  hundred  tivcnty  t'xo  dollars  thirty-eight  cents. 
Feb.  27,  1807. 

The  Committee  of  both  Houfes  that  were  appointed  to  examine 
the  account  of  the  agents  for  the   fale  of  the  Commonwealth's 

lands 


51-  RESOLVES,  February  1807. 

lands  in  the  diftricl  of  Maine,  have  exhibited  an  account  of  their 
proceeding  from  the  twenty  third  of  March  one  thoufand  eight 
hundred  and  five,  to  the  fourteenth  day  of  February  one  thousand 
eight  hundred  and  seven,  v/hwein  they  acknowledge  to  have  re- 
-ceived  the  fum  of  fifty  one  thoufand  nine  hundred  and  twenty 
two  dollars  and  thirty  eight  cents,  and  that  they  have  paid  into 
the  Treasury  fifty  one  thouland  nine  liundred  twenty  two  dollars 
and  tliirty  eight  cents  :  all  of  which  on  examination  appears  to  be 
well  vouched  and  rightly  cast.  Therefore,  refolved,  that  the 
agents  be  and  hereby  are  difcharged  from  the  fum  of  fifty  one 
thouiand  nine  hundred  twenty  tv/o  dollars  and  thirty  eight  cents 
which  has  been  received  by  them  as  above  mentioned. 

LXXXV. 

Hefolve,  on  the  petition  if  Martin  Gay^directing  John  Read  and  Williofn 
Smithy  Efq^rs.  to  convey  to  Ruth  Gay  all  the  interest  of  this  Common- 
ivcalth  to  certain  eft  ate  in  Union  Street.     Feb.  'J  7,  1807. 

On  the  petition  of  Martin  Gay,  praying  that  the  Common- 
Avcalth  would  grant  to  Ruth  Gay  the  remainder  after  the  death 
^)f  faid  Ruth,  in  a  certain  cftate,  fituate  in  Union  Street,  in  Boston, 
in  the  county  of  Sufiblk,  which  remainder  is  in  the  faid  Common- 
Avcalth,  «n  such  terms  and  condiiiens,  as  may  be  thought  juft  and 
xeafonable. 

Refolved^  that  John  Read,  Efq.  and  WilliamSmith,  Efq.  be  auth- 
orized and  empowered,  and  they  are,  accordingly,  hereby  author- 
ized and  empowered  to  fell  and  convey  all  thcintereft  of  saidCom- 
monwealth  infaidestate,  to  Ruth  Gay  aforefaid,on  fuchtcrms  and 
■conditions,  and  for  fuch  sum  of  mc:)ney  as,  ui)der  all  the  circum- 
llances  of  the  cafe,  may  be  thought  juft  and  realonable,  and  to  ex- 
iccute  a  good  and  iiifHcientdeed  thereof  to  faid  Ruth  Gay,  free,how- 
'ever,of  all  covenants  of  warranty  or  obligations  on  the  part  of  said 
Commonwealth  to  defend  the  title  they  may  convey  to  laid  Ruth. 

LXXXVI. 

^efolve,  on  the  petition  cf  Thomas  Cutis,  j tin.  authorizing  the  Judge  of 
Probate  of  the  County  ofTork  to  appoint  three  perfous  to  make  diviftcn 
ofBatchdorUufjcy'srealeJlate.     Feb.  28,  1807. 

On  the  petition  of  Thomas  Cutts,  jun.  setting  forth  that  in  con- 
lequence  of  fundry  errors  in  the  return  of  the  conmiittee  by  their 
furveyor  who  was  appointed  by  ♦ihe  judge  of  probate  for  the  coun- 
ty of  York,  to  divide  the  real  eltate  of  one  Batchelor  HuUey,  late 
<;£  Biddeford,  in  the  county  aforefaid,  yeoman,  deccafed,  in  which 

eftate 


RESOLVES,  February  1807.  o^ 

ei'tate  the  faid  Thomas  isinterefted,and  by  faid  erroneous  return  he- 
is  very  materially  injured.  For  reafons  fet  forth  in  his  said  peti- 
tion, 

Refohcd,  that  the  said  Judge  of  Probate  for  the  faid  county  of 
York  be,  and  he  hereby  is  authorized  to  appoint  three  difintereft- 
ed  freeholders  in  said  county  to  make  such  divilion  of  real  eilatej 
of  the  said  Batchelor  liuffey  in  the  faid  town  of  Biddeford,  to  and 
among  his  heirs  and  their  legal  reprefentatives  in  fuch  way  and 
manner  as  were  intended  by  a  former  committe  appointed  by  the 
Honorable  Judge  of  Probate  for  the  county  York  on  the  feven- 
teenth  day  of  Nov.  1796.  And  the  faid  Judge  of  Probate  fnalL 
have  the  fame  powers  and  authority  herein,  and  fuch  proceedings 
fliall  and  may  be  had  for  that  purpofe  in  the  premifes,  as  is  provid- 
ed by  the  laws  regulating  the  divilion  of  Inteftate  Eftatcs. 

LXXXVII; 

Refolve,  accepting  the  report  of  the  agents  to  fettle  the  acccants  of  Trea-^ 
furcr  Jackfon.     Feb..  28,  1807. 

The  committee  of  both  Houfes  to-  whom  was  referred  the  re- 
port of  the  agents  appointed  to  fettle  and  adjust  the  accounts  of 
the  late  Trealurer  and  receiver  General  of  this  Commonwealth,, 
and  to  transfer  the  books  and  property  in  the  Treaiury  to  the 
prefent  Treafurer,  alk  leave  to  report  tiie  following  Reiblve,  whicli- 
is  fubmitted. 

Nathan  Willis,  pr.  order, 

Refolved,that  the  report  of  the  agents  appointed  by  an  order  o£ 
the  Li2:illature  of  the  twentieth- of  June,,  one  thoufand  ei2:ht  hun- 
dred  and  fix,  to  fettle  and  adjuft  the  accounts  of  Jonathan  Jack- 
fon, Efq.  late  Treafurer  and  receiver  General  of  this  Common- 
wealth, and  to  make  a  regular  transfer  of  the  books  and  propert}~ 
in  the  Treafury  to  the  prefent  Treafurer-,  which  report  bearinj^;: 
date  the  third  day  of  Oftober  lad: ;  together  with  the  book  con> 
taining  the  fettlement  of  faid  accounts — And  Thornpfon  J.  Skin- 
ncr,Efq.  the  prefent  Treafurer's  receipts  for  the  property  transfer- 
red to  him  as  aforefaid,  be  and  hereby  are  accepted  and  ordere?i: 
to  be  deposited  in  the  Secretary's  Office. 

LXXXVIII. 

Kef olve ^advancing  the  Secretary  one  hundred  and  t'lccnty  dollars  to  pay 
ajfiftant  clerks.     Feb.  28,  1807.- 

Refolved  that  there  be  paid  into  the  hands  of  Jonathan  Loring 
A\iftin,  Efq..  Secretary  of  tliis Commonwealth  the  fum  of  one  hun- 

drf-J 


55  RESOLVES,  February  1807. 

dred  and  twertty  dollars,  for  the  purpofe  of  comperifating  fuch  af- 
fiftant  clerks  as  it  has  been,  or  may  be  neceflary  for  him  to  employ, 
during  the  prefent  feflion,  he  to  be  accountable  for  the  fame> 

LXXXIX. 

Refol'vc^  giving  further  time  to  explore  the  route  for  a  zvatcr  communica* 
tionfrom  Bojlon  to  Narraganfet-Bay.     Feb.  28,  1 807. 

Refolved  that  the  committee  appointed  to  explore  and  iurvey  a 
route  for  a  water  communication  from  the  harbour  of  Eoiton  by 
"Weymouth,  Abington,  &c.  to  Narraganfet-Bay,  in  the  State  of 
Rhodc-Illand,  be  and  hereby  are  allowed  the  further  term  ct  c  ne 
year  from  and  after  the  palling  of  this  refolve,  to  complete  tlieir 
iurvey  and  report  their  doings  thereon  to  the  Legiflature  of  this 
Commonwealth. 

XC. 

Refolve,  grantingAnn  Stow  an  addition  to  her  Pen/ton.  Feb.  28,  1 807. 

On  the  petition  of  Ann  Stow  widowof  Aaron  Stow,  late  oi  Grif- 
ton  deceafed,  who  was  killed  while  doing  duty  as  a  Soldier  'r  -.- 
com.pany  of  Militia  : 

Refolved^  For  reafons  fet  forth  in  said  Petition,  that  there  i  '- 
lowed  and  paid  out  of  the  Treafury  of  this  Commonwealth,  to  ..-^ 
said  Ann  Stow,  the  fum  of  thirty  dollars  annually,  frorr  t\'. 
month  of  September,  One  thoufand  eight  hundred  and  fix,  dvr 
ing  the  time  of  her  remaining  the  widow  of  the  deceaieu,  and  ..o 
longer,  in  addition  to  the  fum  of  twenty  dollars  grantee!  her  L y  a 
refolve  of  the  tenth  of  March  one  thoufmd  eio;ht  hundred  and  t"  ?, 
And  his  Excellency  the  Governor  with  the  advice  and  confent  cf 
Council  is  hereby  requefted  to  iflue  his  warrant  accordingly. 

XCI. 

Refolve  J)n  the  petition  of  John  Webber, empoioering  agents  on  cafiern  lands 
to  afcertain  the  quantity  and  quality  of  a  gore  of  land  between  Shdp" 
leigh  and  Sandford.     Feb.  28, 1 807. 

On  the  petition  of  John  Webber, 

Rcfclvcd,  That  the  agents  for  the  fale  of  eaftern  lands  be  and 
they  hereby  are  authorized  and  empowered  to  afcertain,  the  quan- 
tity and  quality  of  a  gore  of  land  lying  between  the  towns  of 
iShapleigh  and  Sandford,  faid  to  contain  twenty  one  acres  and  fev- 
enty  feven  rods,  and  to  fell  and  convey  the  fame  to  the  faid  Web- 
ber, or  any  other  perfon  or  pcrfons,  for  fuch  fum  and  on  fuch  con- 
ditions as  they  lliall  think  jull  and  reafonable.  Rtfche 


RESOLVES,  February  1807.  57 

XCII. 

Refohe  d'lreBing  the  Attorney  General  to  Jlay  proceedings  to  eject  cer- 
tainfettlers  in  Hancock  and  authorising  agents  on  Enjiern  lands  to  re- 
ceive monies  and  give  deeds.     Feb.  28,  1 807. 

Whereas  by  a  refolve  of  the  General  Court  paffed  the  third  day 
of  March  laft,  the  Attorney  General  was  direded  to  ejed:  certain 
fettlers  in  the  County  of  Hancock  who  Ihould  fail  of  compieating 
the  payment  for  the  lots  on  which  they  had  fettled  refpedively, 
on  or  before  the  third  day  of  March  1 807.  And  whereas  it  ap- 
pears that  the  faid  payments  are  not  yet  fully  completed.  There- 
tore  refolved,  that  the  faid  Attorney  General  be  directed  to  ftay 
his  proceedings  relative  to  the  fame  for  the  further  term  of  twelve 
months  from  the  paffing  of  this  refolve.  And  the  agents  for  the 
fale  of  eaftern  lands  are  direfted  in  the  mean  time  to  receive  any 
monies  which  the  faid  fetders  may  pay,  and  to  make  out  the 
deeds  of  their  refpe^ive  lots  in  the  ufual  manner:  anything  in  the 
faid  refolve  of  March  3d,  1806,to  the  contrary  notwithilanding. 

XCill. 

Refohe  on  the  petition  of  Charles  Paine,  relative  to  cfate  of  JohnWhit- 
i?ig.     Feb.  28,  1807. 

On  the  petition  of  CharlesPaine.Adminiftratorde  bonis  non,on 
the  eftate  of  JohnWhiting,late  of  Bofton,in  the  county  of  Suffolk, 
Merchant,  deceafed  ;  fhewing  that  faid  ellate  was  duly  reprefent- 
ed  infolvent  by  Mary  H.  Whiting,  former  Adminiftratrix' on  fud 
eftate,  and  a  commiflionduly  ilTued  thereon  and  a  part  of  the  cred- 
itors to  faid  eftate  proved  their  claims  ;  but  owing  to  the  incon- 
fiderable  amount  of  faid  eftate  no  dividend  was  ever  decreed  ;  but 
fince  the  time  by  law  allowed  for  exhibiting  their  claims  has  ex- 
pired,  a  confiderable  aniount  of  property  has  come  to  the  hands  of 
faid  Charles  ;  and  there  are  many  creditors  to  faid  eftate  vvho  have 
not  proved  their  claims  againft  faid  eftate. 

Refolved,  That  for  reafons  fet  forth  in  faid  petition, the  faid 
Charles  Paine  be,  and  that  he  hereby  is  authorized  and  empower- 
ed anew  to  reprcfent  the  eftate  of  faid  John,  infolvent  to  the  Judge 
of  probate  for  the  county  of  Suffolk  ;  and  that  the  faid  Judge  of 
probate  be,  and  he  hereby  is  authorized  to  grant  a  new  commfffion 
on  faid  eftate,  or  to  allow  fuch  further  time  to  the  former  Com- 
miflioners  on  faid  eftate,  not  exceeding  twelve  months,  as  he  fiiall 
judge  expedient  to  receive  and  examine  the  claims  of  all  thofe  who 
have  not  already  proved  their  claims  agninft  faid  John's  eftate  ; 
and  that  fuch  proceedings  on  faid  commiifiions  may  be  had  as  miohc 
have  been  had  if  no  former  commiffion  had  been  ilTued.  * 

r 


53  RESOLVES,  February  1807. 

Roll  No.  56,     February  I S07. 
THE  Committee  on  accounts,  having  examined  tlic  feveral  ac- 
counts they  now  prefent, 

REPORT,  That  there  are  due  to  the  corporations  and  perlons- 
hereafter  mentioned,  the  fums  fet  to  their  names  refpeclively, 
which,  when  allowed  and  paid,  will  be  in  full  difchargc  of  the 
{aid  accounts  to  the  feveral  dates  therein  mentioned. 

Which  is  refpecT:fully  fubmitted, 

THOMAS  HALE,  per  order. 

Pauper  Accoimls.  ^       D.     C. 

Town  of  Auc^ufta,  for  boarding,  clothing  and  doctoring 

Lydia  Jordan  to  10th  February,  1807,  _  134.00 

Adams,  for  boarding  and  clothing  Catherine,  an  Indian 
woman,  Suflmnah  Camp,  Freeman  Blackley,  and  Lyd- 
ia Daly  and  child  to  9th  January,  1807,  and  Thomas 
Stephen  to  the  time  of  his  death,   including  funeral 

1  199   19 

charges,  ^  ^'    ^ 

Andover,  for  boarding  and  clothing  Patrick  Callahan, 
to  1ft  February,  1S07,  and  Thomas  Walker  to  10th 
February  1807,  and  William  Cunningham  to  the  time 
af  his  death,  including  funeral  charges,  and  dodor 
Kitteridge's  bill,  ^  302  71 

Abington,  for  boarding,  clothing  and  doctoring  Marga- 
ret^ Bennet  to  the  time  of  her  death,  including  funeral 
charges,  ,  ^^-^  ^ 

Attleborough,  for  boarding  and  dodoring  James  Sims, 

till  he  left  laid  town.  47   34 

Brookfield,  for  boarding  and  clothing  Luke  Finney  and 

George  Baliington  to  111  J-an*\ary,  1807,      ^  138  2S 

Bradford,  for  boarding,  nurfmg  and  doctoring  Joftiua 

L.  Alfors  to  '24th  December,  1 806,  50  77 

Boxford,  for  boarding  and  clotlung   Mchitable  Hall  to 

1ft  January  1807,  67  3^1 

Brimneld,  for  boarding,  clothing  and  doc1:oring  John 
Wakelv  to  8tli  July  1806,  and  John  Swaney  to  7th 
April,  1807,  ^•^'^  '^' 

Bclchertown,     for    boarding,   clothing    and   docloring 

Amoz  Ames  and  Wife  to  )  8th  January,  1 807,  -'O  01 

Bridgwater,  for  boarding  and  clothing  Benjamin  Pal- 
mer, William  Brackley  and  fupplies  to  1' redrick  Big- 
nor  to  1ft  January,  1807,  and  Henry  Afli  to  ift  Nov- 
ember, 1806,       '  no  6C 


RESOLVES,  February  1807.  Sd 

Beverly,  for  boardins^,  clothing,  and  docloring   fundry 
:paupeis,  to    ift    February,    1807,   including   funeral 
charges,  307  CO 

Brookline,  for  fupporting  Jacob  Harvey,   to    I7th  Feb- 
-ruary,  1807,  ^  64   LO 

Barre,  for  boarding,  clothing  and  doctoring  John  C. 
Dandrick,  and  Frecilla  Humphries,  to  111  January, 
1807,  -  '  170  67 

Billerica,  for  boarding  and  clothing  Michael  Taylor,  and 

WilHamLove,  and  wife,  to  .'30th  January,  1807,  14.5  20 

Bollon,  for  boarding  and  clothing  fundry  paupers,  to  ift 

December,  1 806,  including  funeral  charges,  4072  20 

Bofton  Board  of  Health,  for  boarding,  nurhng,  and  doc- 
toring fundry  paupers,  on  Rainsford  Illand,  includ- 
ing funeral  charges,  to  ^>th  of  February,  1 807.  286  24- 

Boxborough,  for   fupporting  John  Kennedy,  in  his  la£l 

ficknefs,  including  funeral  charges,  51   30 

-Charleton,  for  boarding,  clothing,  and  do(5loring  Thom- 
as Adams,  and  Edward  Madden,  to  January,  1807,  137  04 

Cape-Elizabeth,  for  boarding  and  clothing  James  Ramf- 
bottom,  James  Jehays,  and  Abraham  Birks,  to  9th 
January,  1807,  1^3  50 

Cambridge,  for  boarding,  clothing,  and  dodoring  John 
Wilkins,  Robert  Spear,  Joilrua  Cozens,  WilUam  Cun- 
ningham, Abraham  Francis,  anct  James  CharlaiKl,  to 
'27th  January,  1807,  18617 

Charlemont,  for  boarding,  clothing,  and  nurfing  Abra- 
ham Bafs,  to  the  time  of  liis  death,  including  funeral 
charges,  80  76 

Galerain,  for  boarding,  clothing,  nurling,  and  doftoring 
William  Wilfon,  and  Rachel  Garr,  to  the  time  of  their  ' 

death,  including  funeral  charges  and  fupplies,  and  doc- 
toring for  Henry  Rog^Ts  and  family,  to  ifl  January, 
1807,  174  61 

Conway,  for  boarding,  clothing,   and  doctoring,  John 

Allen,  to  22d  January,  1807,  100  71 

Concord,  for  boarding  and  clotliing  William   Shaw,  to 

ihe  19th  January   1807,  45  04 

Charleftown,  for  boarding  and  clothing  fundry  paupers 

io  2111  January,  1807,  includingfunera]  charges,  316  61 

Concord,  for  fupporting  poor  debtors,  confined  in  goal  in 

faid  town,  80  77 

Pedham,  for  boarding,  clothing,  and  dodoring  Elcnor 

Caryl,  to  1  ft  January,  1 807,  40  00 


60  RESOLVES,  February  1807. 

Deblois  George,  keeper  of  Alms  Houfe,  in  Bofton,  to  ift 

December,  1806,  263  75 

Dartmouth,  for  boarding,  nurfmg,  and  doctoring  Wil- 
liam  Morrifon,  to  the  time  of  his  quitting  the  Hate 
and  John  Quannawell,  to  the  ift  January  1807,  123  69 

Danvers,  for  boarding,  clothing,  and  doctoring  John  I. 

Heirs,  to  6th  February,  1 807,  80  00 

Dracut,  for  fupplies  to  Richard  Barker,  to  2d  February, 

1807,  20  00 

Doggett  Samuel,  keeper  of  the  goal  in  Dedham,  for 
boarding  and  clothing  James  Hatchel,  a  vagrant,  con- 
fined in  goal,  to  6th  February,   1807,  95  65 

Deerfield,  for  boarding  and  clothing  William  Clarrick, 

to  24th  January,  1807,  63  89 

Dunftable,  for  boarding  and  clothing  Margaret  Lane,  to 
29th  of  January,  1807,  and  Sally  Hamlet,  to  the  time 
of  quitting  the  State,  61    14 

Egremont,  for  boarding  and  clothing  the  widow  Daly, 

and  three  ideot  children,  to  7th  January,  1807,  258   17 

Florida,  for  boarding,  clothing   and  nurfing  a  child  of 

James  Eldridge,  to  2d  January,  1 807,  28  00 

Framingham,  for  fupporting  Betfy  Stevens's  child,  to 

16th  February,  1807,  '  27  50 

Granville,  for  boardipg,  clothing  and  doctoring  Thomas 
"Williams,  to  the  time  of  *his  death,  and  funeral 
charges,  11   57 

Great  Barrington,  for  boarding,  clothing,  and  doctoring 
liaac,  Catharine,  and  Mary  Hoole,  to  10th  January, 
1807,  and  Thom,  a  negro,  to  the  time  of  his  death, 
includii,g  funeral  charges,  149  74 

Greenfield,  for  boarding,  clothing  and  doctoring  James 

Logan,  and  Eunice  Converfe,  to  22d  January  1807,        151   97 

Grotoij,  for  boarding,  clothing,  and  doctoring  Eunice 
Bertodt,  Edv/ard  M'J^ane,  John  C.  Wright  and  wife, 
William  Le  Pierre  and  wife,  and  John  Oward,  to  10th 
January,  1807,  454  69 

Glouceller,  for  boarding,  clothing  and  doctoring  fundry 

paupers,  to  10th  Nov.  1806,  and  funeral  charges,  923  50 

Grandby.,  for  boardirig,  clothing,  and  doctoring,  Eben- 

ezer  Darwin,  and  JohnMurry,  to  3d  February,  1807,     106  26 

Gorham,  for  boarding  and  clothing  Robert  Gilfilling,  to 

18th  January,  1807,  82  50 

Gill,  for  boarding,  clothing  and  doctoring  Sarah  Ham- 

'linton,  to  4th  February,  1807,  *7S  24 


RESOLVES,  February  1807.  6^ 

.Greenwich,  for  fupporting  Widow  Harrington  and 
child,  to  111  January,  1807,  and  George  Fye,  to  the 
time  of  his  death,  including  funeral  charges,  68  24 

Grafton,  for  boarding,   nurfing  and   doaoring  James 

Cook,  to  the  time  of  his  death,  45  50 

Hadley,  for  boarding,  clothing,  and  dodoring  George 
Andries  and  wife,  and  fupplies  to  Friday  and  wife 
to  1ft  January,   1807,  122  80 

Hardwick,  for  boarding,  clothing  and  dofloring  David 

Chamberlain,  to  3d  Oftober,  1806,  49  71 

Hallowell,  for  boarding,  clothing  and  do6loring  Rachel 
Cummings  and  Jonathan  Powers  and  wife  to  ift  Jan- 
uary,  1807,  240  57 

Haverhill,  for  boarding,  clothing  and  dofloring  Phillip 

Slau  and  Will.  Tapley  to  ift  January,  1807,  "  149  01 

Hodgkins,  Jofeph,  keeper  of  the  Houfe  of  correftion  in 
Ipfwich,  for   boarding  and  clothing  fundry  paupers 

'    to  19th  January,  1807,  233  58 

Hartlhorn,  Oliver,  for  fupporting  fundry  poor  Debtors, 

confined  in  gaol,  to  29th  January,   1807,  430  39 

Hancock,  for  boarding,  clothing,  iiurfing  and  doctoring 
Grace  Nichols,  to  the  time  of  fending  her  out  of  the 
State,  and  John  Sheliey,  to  the  time  of  his  death, 
including  funeral  charges,  86  94 

Hopkinton,  for  boarding  and  clothing  James  Roach  to 

11th  February,  1807,  57  20 

King,  Jefle,  for  fupporting  four  children  of  Amoz  El- 

dridge  to  10th  February,  1807,  170   S3 

Limmington,  for  boarding,  clothing  and  doctoring  John 

Oryan  to  29th  December,  1 806,  68  00 

Lenox,  for  boarding,  clothing  and  docftoring  Abraham 
Palmer  to  16th  January,  1807,  and  his  child  to  time 
of  its  death,  and  funeral  charges,  82  85 

Longtneadow,  for  boarding,  clothing  and  do<floring 
John  S.  Spiadler  and  family,  till  they  went  out  of  the 
State,  and  boarding  Melrofs'  children  till  bound  out, 
and  fupplies  and  doctoring  for  James  Robins  and  fam- 
ily to  1ft  January,  1807,  120  25 

Leominfter,  for  boarding  and  clothing  John  Herrinfon 

and  Jofeph  Hyde  to  22d  January,  1 807,  68  Cp 

J^ynn,  for  boarding,  clothing  and  doftoring  Jolm  Battis 

and  John  WiUiams,  to  8th  February,  1807,  andEben- 

ezer  Bofs,  till  he  left  the  town,  and  Stephen  Young, 

till  his  death,  and  funeral  charges,  143   II 

"    •  7 


62  RESOLVES,  February  1807. 

Lincoln,  for  boarding  and  clothing  Thomas  Hocock,  ift 

February,  1807,  88  00 

Littleton,  for  fupporting  and  doctoring  Richard  Crouch, 

to  11th  February,  1807,  39  00 

Leydcn,  for  fupporting  Jedediah  Fuller,  and  family,  and 
Elizabeth  Waggoner,  to  10th  February,  1807,  and 
Matthew  Lampheir  and  wife,  to  the  time  of  his  death, 
and  removal  out  of  the  State,  and  funeral  charges,  159  93 

Lunenberg,  for  boarding,  clothing  and  doctoring  Geo. 

W.  Shute,  and  John  Kelly,  to  '2'2d  January,  1807,  197  29 

Methuen,  for  boarding,  clothing  and  doctoring  Thomas 

Pace,  to  lit  January,  1807,    '  '  60  00 

Mendon,  for  boarding  and  clothing  Robert  Ellifon,  to 
10th  January  1.807,  and  John  Hunt,  to  the  time  of 
his  death,  including  funeral  charges,  120  30 

Milton,  for  boarding  and  clothing  Thomas  Webfler, 
John  Murry,  and  Rebecca  Welfh  and  four  children,  to 
1 3th  January  1 807,  1  GO  75 

Manclieftcr,  for  boarding  and  clothing  Thomas  Doug- 
las, to  2d  February  1 807,  72  40 

Marblehead,   for  boarding  and  clothing  fundry  Paupers, 

to  6th  February  1807-  including  funeral  charges.  613  70 

Ivlarlborough,  for  boarding  and  clothing  Jofcph  Waters, 

to  6th  February  1807,  111    16 

Machias,   for  expcnfes  of  taking    up,    and  burying  the 

body  of  Jo.fepli  Gates,  a  foreigner,  1 5  00 

Korthlield,  for  boarding,  clothing  and  docloring  Neil 
M'Autlmr,  and  Richard  Kingfbury,  to  10th  January 
1807,  101   55 

Newbedford,  ^for  boarding  clothing  and  dodoring  Eliz- 
abeth Eallin,  to  lit  January  1807,  31  28 
Norchborough,  for  boarding,  clothing  and  doctoring 
Wm.  Linneham,  to  the  time  of  his  death,  and  Timo- 
thy Herrington  to  the  time  of  his  leaving  the  State  in- 
cluding funeral  charges,                                                         101    13 

Northyarmouth,    for    boarding  and   clothing  William 

Elwell  to  111  January  1807,  9S  40 

.Newburyport,  for  boarding,  clothing  and  doctoring 
iundry  Paupers,  to  ift  January  1 807,  including  funeral 
charges  of  Mrs.  Morrifcn,  1540  30 

Nantucket,  for  boarding,  clothing  and  doctoring  James 
Plato,  to  8th  January  1807,  and  Peter  Smith,  Caftc,  a 
negro,  and  Plato's  wife.,  and  Edv/ard  Robifon,  to  the 
lime  of  their  death,  including  funeral  charges,  263  OQ 


RESOLVES,  February  1807.  63 

Newbury,  for  boarding  and  clothing  (undry  Paupers,  to 

ift  January  1807,  including  dot^lor's  bil],  lOCO  0^ 

Newbraintree,  for  boarding,  nuriing  and  doctoring  James 
Wormfley,  to  the  time  of  his  death,  including  funeral 
charges,  37  21 

Newton,  for  boarding  and   clothing  William   Buzzard, 

to  4th  February  1807,  ^  ^^'^'   1^ 

Northampton,  for  boarding  and  clothing  William 
Welfh  and  James  Aidridges,  to  '2d  February  1  807,  and 
Patience  Davis,  and  John  Ell:-;,  to  the  time  of  their 
death,  including  funeral  charges,  147  S4 

Norton,  for  boarding,  clothing  and  dotloring  Jofeph 
Ratt,  to  14th  February  1807,  and  Hugh  Frazier,  to 
his  death,  _  100  00 

Overfeers  of  Marllipee  Indians,  for  boarding  and  cloth- 
ing Catherine  Afher,  Elizabeth  Ifaacs,  and  Quafliaba 
Bulkia,  to  the  10th  of  January,  1807,  and  Sylvia 
Linza,  to  the  time  of  her  death,  including  funeral 
charges,  ^  202  62 

Oxford,    for  boarding,    clothing,    and    docloring,   the 

widow  Jordan  to  ift  of  January,  1807,  71    13 

Palmer,  for  boarding,  clothing,  and  docloring,  Benja- 
min Cantrell  to  28th  of  July,  1806,  and  Phebe  Men- 
don  to  .5th  January,  1807,'  C4  26 

Pittsfield,  for  boarding,  clothing,  nurfmg,  and  doctor- 
ing, London,  (a  Negro)  and  Jenny  Collins,  to  the 
time  of  their  death,  and  Mary  Welfli,  to  the  time 
file  went  out  of  the  State,  including  fune^;al  charges,     170  21 

Portland,  for  boarding,  clothing,  and  dorloring  fundry 

paupers,  to  ift  of  January,   1^807,  822  46 

Pembroke,  for  boarding  John  Fofter  to  the  time  of  his 

leaving  the  Commonwealth,  14  22 

Ouincy,  for  boarciing  ajnd  doftoring  Thomas  Young,  to 

the  time  of  his  death,  and  funeral  charges,  21   CO' 

Rutland,  for   boarding,  clothing  and  dccioring  "Will. 

Henderfon,  to  30th  December,  1806,  112  41 

Roxbury,  for  boarding,  clothing,  and  doctoring,  fundry 

paupers,  to  3d  January,  1807,  and  funeral  charges,         391   63 
Rowley,  for  boarding,  nurfmg,  and  doctoring,  Hannah 

Harris  and  File  Collins,  to  ift  January,  1807,  77  77 

Reading,  for  boarding,  clothing,  and  doftoring,  Samuel 

Bancroft  and  Samuel  North,  to  2oth  January,   1807,       96  7.5 
Salem,  for  boarding,   clothing   and   dofloring  fimdry 

paupers  to  ift,  January,  1807.  "  1174  33 


64  RESOLVES,  February  1807. 

Stockbridge,  for  boarding,  clothing  and  do<5toring  Sa- 
rah Hosford,  Samuel  Hany,  and  Jeremiah  Elky,  to 
2d  December,  1806,  including  funeral  charges  for 
Samuel  Hany,  125  96 

Swanfey,  for  boarding  and  clothing  Manuel  Dufnips, 
Deborah  Blinkins,  and  Sally  Robbins*  child,  to  28th 
December,   1806,  *  69  50 

Sharon,  for  boarding,  clothing  and  docloring  Stephen 
Flood  to  14th  January,  1807,  and  David  Barrows  to 
the  time  of  his  leaving  the  State,  134  65 

Sturbridge,  for  boarding  and  clothing  Jonas  Banton  to 

2d  January,  1807,  47  OS 

St.  George,  for  boarding  and  clothing  Robert  Hawes 
to  ift  January,  1807,  and  Elenor  Matthews  to  25th 
September,   1806,  95  26 

Shelheld,  for  boarding,  nurfing  and  docloring  John 
Gardner,  to  the  time  of  his  death,  including  funeral 
charges,  70  25 

Standiih,   for  boarding,    clothing   and    doctoring   Ellis 

Noble,  to  ift  January  1807,  83  93 

Stoneham,  for  boarding  and  clothing  John  H.  Clamrod, 

to  29th  January  1807,  39  00 

Sherburn,  for  boarding  and  doclring  Benjamin  Haugh- 

ton,  to  29th  January  1807,  60  85 

Southwick,  for  boarding  and  clothing  George  Read,  to 

ift  January  1807,  62  20 

Shirley,    for  boarding  and  clothing  Simeon  Cox  and 

James  Mills,  to  14th  February  1807,  *    112  04 

Springfield,  for   boarding  and  clothing  John  Coxe  and 

Jolin  Padly,  to  ift  January,  1807,  1 1 1   95 

South-Iiadley,  for  fupplies  for  Peter  Pendergafs,  to  7th 

January,  1807,  39  93 

Tyringliam,  for  boarding  and  clothing  Ralph  Way,  to 
'ift  January  1807,  5200 

Tliompfon,  R.  Abraham,  for  dofloring  State*s  poor,  in 
/  the  town  of  Charleftown,  to  2lft  January  1807,  71   25 

Topsficld,  for  boarding,  nurfmg  and  doctoring  Thomas 

Comerford,  to  6th  February  1807,  90  50 

Weft-Stockbridge,  for  boarding,  clothing  and  doclor- 
ing Lucy  Lane,  to  3lft  December  1806,  and  Elizabeth 
DorfeCjand  I'amer,  a  black  woman,  their  child,  to  the 
times  of  their  death,  includins:  funeral  chargfes,  and 
Hannah  Gornor  and  two  children,  and  Samuel  Hin- 
luan,  to  the  time  of  being  fent  out  of  the  Common- 
weaith,  124  59 


RESOLVES,  February  1 807-  65 

Weftford,  for  boarding,  clothing  and  doftoring  Clirifto- 

pher  Shepherd,  Charles,  Fanny,  and  Patty  Gardner,       116  00 

Windfor,  for  boarding  and  clothing  Henry  Smith  and 

Wife,  to  12th  January  1807,  77  22 

Worcefter,  for  boarding,  clothing  and  do(^oring  Peter 
Willard,  Jack  Melvin,  Jeconias  Wood,  Sally  Studfon, 
Peter  Freeman,  Henry  Bratts  and  John  Brown  ;  and 
fupporting  Jofeph  Higgins,  a  poor  debtor,  to  the  ift 
January  1807,  287  27 

Warwick,  for  boarding,  clothing  and  dodoring  Samuel 

Griffith,  to  ^th  January  1 807,  43  (33 

Weftern,  for  boarding,   clothing  and   dodoring   Cato 

Kinn,  to  the  time  of  his  death,  and  funeral  charges,  35  OO 

Walpole,  for  boarding  and  clothing  Sally  Davis,  to  ill 

January  1807,  '  qq  70 

Wilmington,  for  boarding,  clothing  and  do(fl:orina- Rof- 
anna,  to  the  ift  June  1806,  aad  Hervey  Sharp  to 
the    time  of  his  death,  including  funeral  charges,  sq  73 

Weftfield,  for  boarding,  clothing  and  docT:oring  Wil- 
liam Davis,  to  ift  January  1807,  70  14 

Weftborough,  for  boarding,  clothing  and  dodorlng  Sa- 
rah Cook,  to  1 8th  January  1 807,  40  oo 

Weftport,  for  boarding   and  clothing  Eliza  Sydnell  to 

the  time  flie  was  bound  out,  21   2C 

Weft-Springfield,  for  boarding,  clothing  and  dodlorln^ 
William  Bell,  Sarah  Felts,  child  of  Godfrey  Waggo- 
ner, to  3d  January  1 807,  and  Ruth  Rockwood,  Caleb 
Fitch  and  John  Scoval,  to  the  time  of  their  death,  in- 
cluding funeral  charges  and  doctor's  bill,  '  190  38 

Ware,  for  boarding  and   Nurfing  Betfy  Harrington  and 

child  to  the  time  of  theii^  going  away,  24  50 

Warren,  for  boarding  and   clothing  William  Moreman, 

to  4th  January  1 807,  '       52  OO 

Winthrop,  for  boarding  and  clothing  William  Galkell, 

to  4th  January  1 807,  '         gg  80 

Williamftown,  for  boarding,  clothing  and  dodioring 
Rachel  Galufha,  Morrice  Fowler,  Stephen  Bleau,  Ro- 
bert Morril,  Charles  M'Cartey  and  Sterry  Lampheir, 
to  10th  January  1807,  and  John  Gabrail,  to  the  time 
of  his  going  away,  263  '^'5 

York,  for  boarding,  nurfmg  and  dodoring  Edward  Per- 
kins and  Wife,  Edward  Voudy,  Mrs.  Croker,  Eliza 
Perkins  and  Nicolas  Turtle  to  9th  February  I8O7,  an4 


66  '  RESOLVES,  February  I8di 

Jacob  BIckum  to  the  time  of  his  death,  including  fun 

etal  charges,  259  41: 

Total,  Pauper  Accounts  24301  73 

Military  Accounts. 

Courts  Martial,  and  Courts  of  Enquiry. 

Clement  Charles,  for  expenfe  of  Court-Martial,  held  at 
Bofton  on  the  28th  October'  1806,  whereof  was  Prefi- 
dent  John  T.  Apthorp,  126  48 

Clement  Charles,  for  expenfe  of  Court-Martial,   held  at 

Bofton  2d  July  1806,  prefident,  Benjamin  Hay  den,  63  48 

Clement  Charles,  for  expenfe  of  Court-Martial,  held  at 

Bofton  29th  Ocl:ober  18;)5,  John  Barker,  Prefident,         464  86 

Clement  Charles,  for  expenfe  of  Court  of  Enquiry  held 
at  Bofton  2d  December  1 806,  James  Robifon  prefi- 
dent, 17  72 

Fiflier  Jacob,  for  expenfe  of  Court  of  Enquiry,  held  at 

Lancafter   24th  July  1806,  Mofes  Whitney,  prefident,^      8  46- 

Field  Seth,  for  expenfe  of  Court-Martial,  held  at  Worcef- 

ter  14th  June  1805,  Kbcnezer  Stone,  prefident,  44   14 

Howard  Samuel,  for  expenfe  of  Court-Martial,  held  at 
Readfield  2lft  October  1806,  William  Sprague,  pre- 
fident, 74  50 

Lincoln  Levi,  jun.  for  expenfe  of  Court  of  Enquiry,  held 

at  Rutland  3d  May  1 806,  John  Davis,  preftdent,  45  57 

Lancafter  Sewall,  for  expenfe  of  Court-Tvlartial,  held  at 
Gorham  10th  November  1806,  Nathaniel  Froft,  prefi- 
dent, 97  85- 

Tinkham  Seth,  for  expenfe  of  Court-Martial,  held  at 
WifcalTet  28th  October  1806,  Denny  M'Cobb,  prefi- 
dent, 256  18 

Tinkliam  Seth,  for  expenfe  of  Court  of  Enquiry,  held  at 
Wifeaflet  September  1806,  Samuel  Thatcher,  prefi- 
dent, 15  76 

Sever  William,  for  expenfe  of  Court  of  Enquiry,  held  \t 

Taunton  5th  May  1 805,  Zcbulon  White,  preftdent,  7  89 

Brigade  Majors,'  and  Aid-de-Camps. 

Aver  James,  for  his  fervices  to  22d  January,  1807,  86 

Brown  C  Henry,  for  his  fervices  to  ift  November,  1 806,       30 

Briftow  Sumner,  for  his  fervice  to  5th  January,  1807,  31 

Clement  Charles,  for  his  fervice  to  3d  Feb.  1807,  50 

Day  Ezckiel,  for  his  fervice  to  2d  June,  1  806,  '  43 

Dewey  Stephen,  for  his  fervice  to  12th  January,  1807,  22 

I'iflicr  Jacob,  for  his  fervice  to  2d  January,  1807,  52 


RESOLVES,  February  1807.  67 

Gannett  Barzlllla,  for  his  fervice  to  ift  January,  1807, 
<;amwell  Samuel,  for  his  fervice  to  12th  Auguft,  1806, 
"Goodwin  Ichabod,  jun.  for  his  fervice  to  7th  Feb.  1807, 
Howard  Samuel,  for  his  fervice  to  29th  Jan.  1807, 
Harris  Jofiah,  for  his  fervices  to  3lft  December,  1806, 
Hoyt  Epapheas,  for  his  fervice  to  2lft  January  1807, 
Hayward  Nathan,  for  his  fervice  to  Sth  Feb.  1807, 
Jefferds  WilUam,  for  his  fervice,  to  12th  January,  1807, 
Sever  William,  jun.  for  his  fervice  to  30th  Dec.  1806, 
Strong  Theodore,  for  his  fervice  to  ift  January,  1807, 
Smith  Erafmus,  for  his  fervice  to  27th  Jan.  1807, 
Thayer  W.  Samuel,  for  his  fervice  to  30th  Jan.  1807, 
Tinkham  Seth,  for  his  fervice  to  15th  Feb.  1807, 
Swett  Daniel,  for  his  fervice  to  9th  Feb.  1807, 
Wheeler  R.obert,  for  his  fervice  to  19th  Jan.  1807, 
Whiting  Timothy,  for  his  fervice  to  10th  Feb.  1807, 

Adjutants. 
Aems  Pliny,  for  his  fervices  to  9th  January,  1 807, 
-Buckland  Jofeph,  for  his  fervice  to  12th  Sep.  18tr6, 
Burt  Abner,jun.  for  his  fervice  to  11th  Sep.  18C6, 
Beale  John,  for  his  fervice  to  ift  Jan.  1807, 
•Bagley  Abner,  for  his  fervice  to  ift  January,  1807 
Bilhop  Jacob,  for  his  fervice  to  ift  January,  1807, 
Bafs  George,  for  his  fervices  to  26th  January,  1807, 
Bridge  William,  for  his  fervice  to  6th  Feb,  1807, 
Curtis  Jofeph,  for  his  fervice  to  22d  Auguft,  1806, 
Cheever  Nathaniel,  for  his  fervice  to  ill  Jan.  1807, 
Callender  Benjamin,  for  his  fervice  to  13th  Jan.  1807, 
Clough  EHas,  for  his  fervice  to  ISth  Jan.  1807, 
Dana  Ifaac,  for  his  fervice  to  28th  January,  1807, 
Dodge  David,  for  his  fervice  to  10th  January,  1807, 
Field  Seth,  for  his  fervices  to  ISth  Dec.  1 806, 
FootEliftia,  for  his  fervice  to  ift  Jan.   1807, 
Froft  Timothy,  for  his  fervice  to  ift  Jan.  1807, 
Gould  William,  for  his  fervice  to  24th  December,  1 806, 
Hayden  Samuel,  for  his  fervice  to  2d  Feb.  1 807, 
Hight  WilHam,  for  his  fervice  to  26th  Dec.  1806, 
Holland  Samuel,  for  his  fervice,  to  10th  Jan.  1807, 
Hinman  Ranfom,  for  his  fervice  to  Sept.  1 806, 
Hofmer  Rufus.for  his  fervice  to  l9ih  Jan.  1807, 
Judfon  A.  E.  for  his  fervice  to  29th  Nov.  1 806, 
Jones  Amos,  for  his  fervices  to  ift  Jan.  1807, 
Jellifon  Nathaniel,  for  his  fervice  to  1 3th  December,  1-SC6, 
Jewett,  Jefte,for  his  fervice  to  27th  Dec.  1806, 
'^cith  Cyrus,  for  his  fervice  to  ISth-  Jan.  1 807,  • 


40 

36 

S3 

80 

15 

75 

155 

00 

34 

00 

51 

00 

17 

00 

62 

00 

70 

GO 

50 

00 

69 

00 

.110 

25 

133 

50 

8 

63 

50 

00 

74 

70 

22 

00 

J  2 

00 

12 

00 

15 

00 

11 

47 

20 

00 

170 

00 

24 

00 

8 

00 

40 

00 

15 

00 

13 

00 

12 

00 

18 

81 

20 

00 

7 

55 

20 

00 

39 

00 

20 

00 

20 

00 

16 

75 

22 

72 

48 

00 

21 

00 

78 

73 

24 

CO 

45 

00 

12 

oo 

63  RESOLVES,  February  1807. 

Kingman  Simeon,  for  his  fervices  to  21  ft  Jan.  18')7, 
Lincoln  Benjamin,  for  his  fervice  to  ^Tth  Dec.  1 8  J6, 
Lambert  John,  for  his  fervice  to  7th  Feb.  1807, 
Lyman  Lewis,  for  his  fervice  to  Feb.  1  8  j7, 
Merrill  Abel,  for  his  fervice  to  4th  Jan.  1 8  17, 
Morfe  Jofeph,  for  his  fervice  to  12th  Jan.  18  /7, 
Maxwell  Sylvanus,  for  his  fervice  to  2^  Sept.  1 806, 
March  Angier,  for  his  fervice  to  2.  th  Jan.  18)7, 
Morfe  Thomas,  jun.  for  his  fervice  to  ift  Jan.  18  7, 
Morgan  Aaron,  jun.  for  his  fervices,  to  ift  Jan.  I8u7, 
Moores  Herbert,  for  his  fervice  to  ift  Jan.  1807, 
Mattoon  D.  Noah,  for  his  fervice  to  23d  Jan.  1807, 
Nye  John,  for  his  fervices  to  3  ;  ft  Dec.  1 8.  G, 
Northam  Eli,  for  his  fervice  to  ift  Jan.  ]8j7, 
Orr  Hedor,  for  his  fervices  to  ift  January,  1807, 
Philbrook  Daniel,  for  his  fervice  to  2.5th  Dec.  18  '6, 
Pilibury  William,  for  his  fervices  to  1 1  th  Jan.  1 807, 
Pingree  Samuel,  for  his  fervice  to  ;ft  Jan.  18u7, 
Page  Jefle,  for  his  fervice  to  22d  Jan.  I  8  •?, 
EKvell  Robert,  for  his  fervices  to  \  ft  January,  1 8  ^7, 
Rofe  Scth,  for  his  fervices  to  ift  Jan.  1 8'  7, 
8tebbins  Feftus,  for  his  fervice  to  15th  Oct.  1806, 
Sweeting  Henry,  for  his  fervice  to  26th  Dec.  18./6, 
Strong  B.  Thomas,  for  his  fervice  to  i9th  Jan.  1807, 
Sergeant  John,  for  his  fervices  to  24th  Jan.  i8.;7, 
Stebbins  Quartus,  for  his  fervices  to  I  ft  Jan.  18, 7, 
Stewart  Jotham,  for  his  fervices  to  ift  January,  1807, 
Thomas  iSylvanus,  for  his  fervice  to  ift  January,  1807, 
Tucker  Jofeph,  for  his  fervice  to  1 2th  Jan.  1 8  »7, 
Woodman,  Ephraim,  for  his  fervice  to  8th  Oct.  1806, 
"Whittier  Nathaniel,  for  his  fervice  to  Jan.  1 807, 
Wade  Samuel,  for  his  fervice  to  2d  Feb.  1 8'  )7, 
Whiting  C.  William,  for  his  fervices  to  3  ift  Dec.  1 836, 
Williams  Thomas,  for  his  fervice  to  ift  Jan.  1S(;7, 
Waters  Afa,  jun.  for  his  fervice  to  28th  Jan.  1807, 
White  Jonathan,  for  his  fervice  to  30th  Jan.  1 807, 
Winilow  John,  for  his  fervice  to  ift  January,  18w7, 
"VVard\vell  William,  for  his  fervices  to  ift  January,  1 8u7, 

Expenfe,  Horfes  to  haul  Artillery. 
BrcAvn  Ephraim,     to    6th  January,     1807, 
Burt  Mofps,  iun.      to    ift  January,    1807, 
Bond  I^anici,  .  .  . . 

Curtis  Samuel,         .  .  . .  .  ; 

Gluflin  John,    ■ 


16 

GO 

30 

00 

22 

00 

33 

83 

33 

00 

10 

00 

11 

00 

25 

75 

8 

25 

18 

00 

16 

00 

,23 

00 

20 

00 

13 

24 

23 

69 

36 

00 

12 

00 

35 

00 

47 

00 

135 

08 

]5 

00 

13 

00 

12 

00 

13 

65 

18 

00 

16 

00 

35 

00 

17 

00 

28 

00 

12 

00 

13 

00 

12 

00 

2) 

62 

6 

25 

12 

00 

9 

50 

21 

43 

12 

00 

8 

OQ 

5 

00 

7 

50 

7 

50 

7  00 

RESOLVES,  February  1807. 
]ft  January,  ISO?, 


69 


16th  January,  J  807, 
iftjannary,  1807, 


2 

50 

7 

50 

5 

f^ 

8 

00 

12 

OO 

5 

OO 

7 

50 

8 

00 

5 

OO 

7 

50 

10 

OO 

6 

25 

7 

50 

10 

OO 

5 

00 

5 

00 

7 

50 

^ 

00 

35 

OO 

6 

47 

Carter  Solomon, 

I)ana  Jofeph, 

Fales  James, 

Hays  Daniel, 

Judd  Ephraim, 

Little  Otis, 

Palmer  Mofes, 

Potter  James, 

Ply m  ton  Gerfliom,  jun 

Packard  Perez,        to 

Reed  Jofeph, 

Robinfon  John, 

Maynard  Eli, 

Fairbanks  Levi, 

1  hayer  E.  W. 

Spalding  Thomas,  to  ift  0<fl:ober,  1806, 

Slater    Peter,    to    ift    January,    1807, 

Smead  Julia, 

Wilibn  Clark, 

Walker  JajTon, 


Total  Militia  Accounts,  4318  71 

Sheriffs*  Accounts. 

Bartlett  Bailey,  in  full  to  ift  January,  1S07,  13  07 

Barrett  Jofeph,  underkeeper  of  the  Gaol  in  Concord  for 
fupporting  fundry  convids,  in  faid  Gaol,  to  10th  Feb- 
ruary, 1807,  S2S  73 

Cooper  John,  for  returning  votes  for  Governor  and 
Lieut.  Governor,  Reprefentatives  to  Congrefs.  &c.  to 
10th  January,  1807,  100  24 

Demmick  Jofeph,  returning  votes,  &c.  to  ift  January, 

1807,  16  06 

Goodwin  Ichabod,  for  returning  votes,  &c.  to  24th  No- 
vember, 1800,  28  05 

Learn-ed  David,  for  returning  votes,  &c.  to  ift  January, 

1807,  30  40 

Lithgow  Arthur, for  returning  votes,&:c.to  ift  January, 

1807,  G8  40 

Laurence  Jeremiah,  for  returning  votes,  kc.  to  2  ift  Jan- 
uary, 1807,  25  S3 

Learned  Simon,  for  returning  votes,  ^c.  tp  2lft  Janua- 
ry, 1807.  28  00 


25 

20 

102 

98 

36 

00 

9 

67 

to  RESOLVES,  Februafy  1807, 

Mattoon  Ebenezer,  for  returning  votes,  &c.  to  1  ft  Janu- 
ary, 1807, 

Shaw  Mafon,  for  returning  votes,  &c.  to  ift  January, 
T807, 

Smith  Benjamin,  for  returning  votes,  &c.  to  1  ft  January, 
1807, 

Ward  W.  Thomas,  for  returning  votes,  to  ift  Jan.  1807, 

Total  Sheriffs' Accounts  812  57 

Prifiters*  Accounts. 

Samuel  Cotting,  tor  publifiiing  Acts  and  Refolves  to  ift 

December,  1806, 
Fhinehas  Allen,  for  publifhing  Acts  and  Refolves  to  ift 

January,    1807, 
E.  W.  Allen,  for  publiftiing  Ads  and  Refolves  to   ift 

Auguft,  1806, 
Nathaniel  Willis,  forpublifliing  Refolves  to  ift  January, 

1807, 
John  Dennis,  for  printing  blank  Warrants  and  Notifica- 
tions to  September  18th,  1806, 
Thomas  Dickman,  for  publifliing  Acts  and  Refolves  to 

ift  January,   1807, 
Francis  Gould,  for  publiftilng  Ads  and  Rofolves  to  ift 

January,   1807, 
Toung  and  Minns,  for  balance  due  them   for  printing 

for  Agricultural  Society  and  for  twenty  reams  Paper 

delivered  Adams  and  Rhoades, 
Adams  and  Rhoades,  for  printing  and  paper,  for  the 

State,  to  11th  February,  1807, 

Total  Printers' account,  104S   17 

Mifcellancous  Accounts, 

Boyle,  John,  for  Stationary  for  Secretary's  and  Adju- 
tant General's  Office,  to  9th  January,  1807,  176  7o 

Cowing,  Daniel,  for  affifting  the  Meflenger  of  the  Gen- 
eral Court,  the  prefent  feftion,  92  00 

Dcnfmore,  John,  for  taking  inquifitiou  on  the  Body  of 

John  Frazier,  a  foreigner,  1 2  49 

Folibm,  John  \K.  for  taking  inquifition  on  ten  dead 

bodies,  &c.  to  27th  Oftober,   1806,  250  28 

Gale,  W^ilHam,  in  full  for  balance  due  him  on  his  ac- 
count  to   10th  January,  1807,  after   deducing  two 


16 

67 

16 

67 

16  67 

11 

00 

24 

00 

16 

67 

16 

67 

149 

00 

781 

43 

RESOLVES,  February  1807.  71 

fiundred  dollars,   granted  him  Nov.  20th,,  1804,  and 

two  hundred  dollars  granted  him  5th  March,  1806,  31   C> 

Gore,  Samuel,  and  Son,  for  materials  and  painting  for 

the  State  Houfe,  to  29th  January,   1807,  95  4S 

Greenleaf,  Oliver  C.  for  Stationary  for  the  Treafurer*s 

Office  to  9th  February,   1 807,  1 1   41 

Goodwin,  Timothy,  for  fundry  materials  for  State  Houfe 

to  19  January,   1807,  12  2i 

Hunt,  Jofeph,  for  doftoring  Convicls  in  Concord  gaol, 

to  9th  February,   1807,  18  7S 

Haftings,  Jonathan,  for  poftage  of  Letters  and  Packages 

for  Government,  to  19th  January,   1807,  87  5G 

Kendell,  Ephraim,  for  taking  inquifition  on  the  Body 

of  Robert  Tucker,  a  foreigner,  14  40 

Loring,  Benjamin,  for  binding  the  Laws  and  Refolves 

to  1ft  February,  1807,  10  00 

Larkin,  E.  &  J.    for  furnifliing  Treafury    Office   with 

books,  and  lettering  books,  63  3S 

Learned,  Simon,  for  the  bounty  and  expenfes  of  appre- 
hending Ephraim  Wheeler  and  others,  efcaped  from 
the  Gaol  in  Lenox,  the  night  of  7th  Feb.  1 806,  295  05 

Lapham  Sylvanus  for  affifting  the  Meffenger  of  the  Gen- 
end  Court,  the  prefent  feffion,  98  00- 

Newell,  Eliphalet,  for  taking  inquilition  on  the  Body  of 

a  perfon  unknown,  21   87 

Parker,  Stephen,  for  taking  inquifition  on  the  Body  of 

Stephen  Rice,  a  foreigner,  1 6  90 

Pierce,  Rufus,  for  taking  inquifition  and  burial  of  the 

the  bodies  of  three  perfons,  unknown,  54  2Q 

Perry  John,  for  affifting  the   Meflenger  of  the  General 

Court,  the  prefent  feffi^on,  88  00 

Rhodes,  Amos,    for  taking  inquifition  on  the  body  of 

a  black  man,  name  unknown,  20  06 

Smith  Jonathan,  for  taking  inquifition  on  the  body  of 

Nathan  Webfter,  a  foreigner,  1 6  50 

Enock  Titcomb,  Thomas  Harris  and  John  Wells,  for  fet- 
tling Treafurer's  accounts,  and  transferring  the  books 
to  Thompfon  J.  Skinner,  70  00 

Wells  T.  John,  and  Benjamin,   for  fundries,  v.'ork  and 

materials,  for  State  Houfe,  to  February,  1807,  14  16 

Whitwell  William,  for  fundry  articles,  for  the  ufe  of  the 

Commonwealth,  12  94 

Weft  David,  for  Stationary,  for  Treafurer's  Oifice,  to  Sth 

February,  1807,  '  '52  20' 


72  RESOLVES,  February  1807. 

White,  Burditt,  and  Co.   for  Stationary  for  Secretary's 

Office  and  General  Court  to  9th  February,  181-7,  292  83 

Wheeler  Jofiah,   for  work  and  materials,  on   the  State 

Houfe,  to  1 1th  February,  i  807,  10317 

Walker  William,  for  fervices  done  in  obedience  to  order 

of  General  Court,  of  June  1 8,  1 806,  6  00 

Total  Mifcellaneous  Accounts,  2018  17 

Aggregate  Roll,  No.  56,  February,  1807, 

Expenfe  of  State  Paupers,  24,301   73 

Do.     of  Militia  43 1 8  71 

Do.     of  Sheriffs  812  57 

Do.     of  Printers  1048  78 

Do     of  Mifcellaneous  2018   17 


32,499  96 


RESOLVED,  That  there  be  allowed  and  paid  out  of  the  pub- 
lic Treafury,  to  the  feveral  corporations,  and  perfons,  mentioned 
in  this  roll,  the  fums  fet  againft  fuch  corporations*  and  perfons* 
names  refpeclively,  amounting  in  the  whole,  to  thirty  two  tbouf- 
and,  four  hundred  and  ninety  nine  dollars,  and  ninety  fix  cents; 
the  fama  being  in  full  difcharge  of  the  accounts  and  demands  to 
which  they  refer. 


INDEX  TO  RMSOLVES, 


OF  JUNE,  1806. 


22 


ci 


Pa'jc. 

AVERY,  MARt,  grant  to  ^  15 

Attorney-General,  refolve  for  paying  a  balance,  and  ad- 
vancing a  further  fum,  ^8 

Briftol  County,  refolve  granting  a  tax,  1 1 

Boilbn,  John,  rcfolvc  on  his  petition,  13 

Bettt,,  Comftock,  and  L.  Hall,  refolve  on  their  petition,  7 

C 
Council  and  General  Court,  refolve  granting  their  pay,  6 

Corporation,  Eflex  Turnpike,  refolve  erecting  gates,  14 

Cowing,  Daniel,  grant  to  '^^ 

Committee  on  eaftern  lands,  refolve  to  afcertain  poiTefiors 

of  land  on  Mount  Defert,  21 
appointed  to  procure  additions  to  the  Library  of 

the  Houie  of  Rcprefentatives, 

— on  Accounts,  refolve  for  paying. 

Clerks  in  Secretary's  and  Trcaliirer's  Ollice,  refolve  eftab- 

lilhing  the  pay  of 
of  the  Senate  and  Houfe  of  Rcprefentatives,  refolve 

eilablifliing  pay  of  20 

E  _ 

Ely,  Nathaniel,  and  others,  refolve  on  their  petition,  9"^ 

G 
Gould,  Rachel,  refolve  on  her  petition,  '^^ 

Governor's  Speech,  1 

Anfwer  of  the  Senate,  ^ 

xVnfwer  of  the  Houfe,  ^ 

If 
Hunter,  Henry,  refolve  authorizing  to  fell  land,  17 

J.. 

Jarvis,  Leonardj  refolve  on  his  petition,  19 

K 

Kuhn,  Jacob,  grant  to  ^ 

Kuhn  Jacob,  refolve  srranting  money  to  purchafe  fuel.  Sec.  15 

L 
Lyman  Stephen,  refolve  granting  a  fum  of  money  on  a 

bond  given  to  John  Murray,  12 

Leverett  John,  refolve  authorizing  him  to  fell  land,  16 

Laws,  refolve  for  prh:ting,  ^^ 

K 


INDEX. 

M 

Mills,  Ifaac  and  Mary,  refolve  on  their  petition,  ^ 

Morgan,  Archippus,  refolve  on  his  petition,  8 

Mitchell,  Ammi  R.  refolve  on  his  petition,  1 1 

M'Curley,  Hugh,  refolve  on  his  petition,  13 
MTane,  Edward,  refolve  directing  him  to  pay  fees  into 

the  I'reafury,                                        «  20* 
grant  to  21 


Middlefex  Countv,  refolve  granting  a  tax,  17 

N 
Notaries,  refolve  appointing  for  Barnftable  County^  6 

P 
Plymouth,  County  of,  refolve  granting  a  tax,  8 

Prentifs,  James  and  Sophia,  refolve  on  their  petition,  15 

R 
Roll,  No.  55,  reported  by  the  Committee  on  accounts,  23 

S 
Saville,  WiUiam,  refolve  authorizing  to  convey  certain  lands,     IG 
State  Prifon,  refolve  requefting  the  governor  to  caufe  a  fca- 

wall  to  be  erected,  Szc.  1 3^ 

Secretary  and  Treafurer,  refolve  authorizing  them  to  leafe 

the  Province  lioufe,  2(> 
orant  to                                                                                22 

o 

T 

Torrcy,  Stephen,  refolve  on  liis  petition,  7 

Thompfoii  'ihaddcus,  refolve  on  his  petition,  i) 

V 
Vienna,  refolve  confirming  the  records  and  doings  of  the 
Town  Cictk,  .  7 


INDEX  TO  RESOLVES, 

OF  JANUJRT,  1807. 
-^^:C?:5g:5?5s=r 

A 

Page 

AGENTS  of  Eaftern  Lands,  direaed  to  fell  certain  Gores,  37 

Attorney  and  Solicitor  Generals— a  grant  to  28 

Adjutant-General— a  grant  to  ^  30 

Agents  of  Eaftern  Lands,  to  afcertain  quantity  and  value  of 

a  traft  between  Raymond  and  Standifli,  and  fell  the  fame  S5 

Academy,  Hebron,  a  grant  to  46 
Agents  of  Eaftern  Lands,    refolve  direaing  them  to  decide 

and  fettle  claims  of  Buckfield  proprietors        ^  5S 

Refolve  difcharging  them  from  a  certain  fum  53 

Refolve  direding  them   to  convey  part  of  a  gore 

of  land  in  Chefterville,  to  Daniel  Wyman  and  others,  53 
To  afcertain  the  quantity  and  quality  of  a  gore  of 


land  between  Shapleigh  and  Sandford,         ^  56 

authorized  to  receive  monies  and  give  deeds  to 


certain  fettlers  in  Hancock,  57 

Attorney-General,  refolve  direfting  him  to  ftay  proceed- 
ings to  ejed  certain  fettlers  in  Hancock,  57 

B 

Bigelow,  Jafon,  refolve  on  his  petition,  .        r.  "^  ^ 

Brownell,  Jonathan,  refolve  appointing  him  guardian  of  In- 
dians reftding  in  Troy,  i^^ 

Bradley  A.  Samuel,  refolve  on  his  petition,  direding  the 

Agents  of  Eaftern  Lands,  ^  S7 

Burns,  John,  anc^.  others,  refolve  for  xaifmg  a  company  of 

Light  Infantry  in  Gloucefter,  15 

Barton,  Amos,  and  others,  refolve  for  raifmg  a  company  of 

Cavalry,  in  8th  Divifton,  Col.  Sherwin's  Regiment,  24 

Balch,  G.  Horatio,  appointed  Superintendent  of  Penobfcot 

Indians,  &c.  ^"^ 

Bolfon,  John,  refolve  granting  7018  dollars',  89  cents,  for 

eftate  fold  him  but  recovered  by  lames  Margin,  29 

Blake,  Jcfeph,  refolve  direaing  the  Treafurer  to  execute  a 

deed  to  .  '*" 

'Banks,   Prefidcnt  and   Diredors  of,  required  to  ftate  m 

their  femi-annual  returns,  the  laft  declared  dividend,  52 

Buckfield  Proprietors,  refolve  directing  Agents  on  Eaftern 

Lands,  to  decide  and  fettle  claims  of"  ^ 
^utterfield,  Francis,  refolve  on  his  petition, 


INDEX. 

C 

Council  and  Gencr^i  Court,  pay  eftabliliicd,  9 

Committee  appointed  to  purchafc  books  in  June  laft,  for 

the  ufe  of  the  Houfe,  difcharged,  12 

Cheftcrville  Agents,  reielve  on  their  petition,  directing  the 

Committee  on  Eaftern  Lands,  SS 

Committee,  appointed  to  cqntracl  for  1200  copies  of  {lat- 

ute  laws,  from  178.0,  to  ISOO,  inclufive,  21 

Call,  Samuel,  and  others,  reiolve  for  raifmg  a  company  of 
Light  Infantry,  '3d  Regiment,  111  Brigade,  28 

Corporation,  3d  MalTachufetts  Turnpike,  authorized  to  re- 
move a  gate,  29 

Cannel,  Thomas,  refolye  on  his  petitioHj  directing  Agents 

of  Eaftern  Lands,  kc.  '  '       '  ^3 

(County  Taxes  allowed,  Suffolk,  EiTex,  Barnilable,  Duke's 
County,  Worccftcr,  Berklhire,  Norfolk,  York,  "Cumber- 
land, Lincoln,  Kcnnebeck,  Hancock,  and  Walliington,  '  34 

Chapin,  Abel,  and  others,  refolve  authorizing  the  Judge 
of  Probate  for  Haiiipfhire  to  appoint  perfons  to  act  for 
minor  heirs  of  £.  Chapin,  .    •     '  3(5 

Chaplains  .ind  clerks,  eilablilhing  their  pay,  3^ 

(?.urnmings,  Daniel,  and  others,  refolve  authorizing  the 
raliirig  a  company  of  Artillery,  from  towns  ot  Boxtord, 
Bradford  and  Andover,  "40 

Committee  on  accounto,  refolve  for  paying  them,  50 

Cutts,  Thomas,  jun.  refolve  on  his  petition,  ^4 

.Committee,  appointed  to  explore  the  route  for  a  water's 
communication  from  Boilon  to  Narraganfet  Bay,  refolve 
oivir.j  furth.^r  time  to  56 

Co'mmittee  of  Second  Parifli  in  Mendon,  refolve  on  their 

-  -peution,  -  •  ...  ^^ 

Pavis  Nathan,  refolve  granting  liberty  to  fell  real  eftate  of 

Seth  Braley,  of  Nevv'-Bedford,  10 

Picl^enfon  Mary,  grant  to,  for  relinquiihing  her  dower  in 

certain  Jands,  in  Lenox,  50 

E 
Engiiili,  Daniel,  refolve  relinc^uiihing  the  Commonwealth's 

right  to  any  eilate  of  43 

Election  permon,  grant  to  the  pcrfon  who  may  preach  it,  29 

j:icclions,  for  Governor, Lt.  Governor,Senators,  and  Rep- 

refentatives  in  Congrefs,  refolve  regulating  8 

•'■■'••*■■-.         F  '      ■ 

Jfiorida,  town  of,  authorizing  the  overfeers  of  the  poor  to 

provide  for  children  of  Amos  Elldridge,  ^8 


INDEX, 

P 

Governor's  Speech,  ^ 

Aniv/er  of  Uie  Houfe,  ^^ 

Aniwer  of  the  Senate^  ^ 

Gale,  Wiliidm,  a  grant  to  1 1 

Gould,  Rachel,  reVolve  on  her  petition,  '  ^I 

Gay,  Martin,  refolve  on  his  petition,  •  •  -54; 

Gray,  James,  refolve  authorizing  A.  and   J.  Titcomb,  to 

make  a  deed  to  the  heirs  of  "k^ 

H 
Hare,  W.  Charles,  refolve  on  his  petition,  relative  to  Bing- 
ham's purchafe,                          ^  ^  1^ 
Holman,  Silas,  refolve  on  his  petition,           _                  ^  15 
Hodgdon,  John,  refolve  granting  further  time  for  felling 

two  half  townfhips,  ^'< 

Hewins,  Jofeph,  refolve  granting  a  new  State  Note  to  '26 

Hamplhire  County,  refolve  granting  a  tax  to  47 

Hardy,  Samuel,  a  grant  to  -Si 

Infurance  Companies  to  render  an  account  to  next  Gener- 
al Court,  39 
Jordan,  Ifrael,  jun.  authorized  to  give  a  deed  of  .land,  1 0 
jackfon,  Jonathan,  Efq.  late  Treafurer,  a  grant  to  1 4 
Jackfon,  Treafurer,  accounts  of,  refolve  accepting  of  the 

report  of  the  Agents  to  fettle  them,  55 

K. 
Kuhn  Jacob,  direded  tq  procurj?  book-cafes  for  the  Libra- 
ry of  the  Houfe,  23 

. a  2;rant  to  50 

.    .  L  ,  ^ 

Laws,  refolve  for  printing  IS 

'. refolve  for  diftributing  20 

M 

M'Dowell,  Andrew,  and  others,  refolve  for  raifmg  a  com- 
pany Light  Infantry,  in  Portland,  ^  1 7 

Monfon   Academy,  jrefolve  granting  half  a  townfliip  of 

land  to  ^^ 

Mats  Hill  townfhip,  refolve  granting  further  time  to  old 

foldiers  to  make  fettlement  on  ^  25 

Maine  Diftricl:,  refolve  for  taking  the  fenfe  of  the  inhabit- 

ants  relative  to  a  feparation  from  Malfachufetts,  S3 

Mycall  John,  refolve  for  paying  witneffes  in  the  cafe  of  ^  49 

J^Iount  Defcrt,  refolve  extending  the  time  for  fettling  with 

pertain  perfons  in  poiTclTion  of  lands  thereon-  -1  ^ 


IKDEX. 

N 

Korthport,  town  of,  a  grant  to  for  a  tax  recovered  that 

has  been  remitted,  5« 

O 

Oxford  County,  refolve  granting  a  tax  to  4( 

P 

Petts,  Lemuel,  refolve  on  his  petition,  2( 

Peck,  John,  ref(;lve  granting  him  further  time  for  the  pay- 
ment of  his  guarantee,  3' 

Prentifs,  James,  refolve  authorizing  him  and  his  wife  to  ex- 
ecute deeds  of  land  in  townlhip  No.  4,  to  certain  minors,      3( 

Parker  Winflow,  refolve  direding  the  Attorney-General 

to  defend  him  in  a  fuit  inllituted  by  James  Martin,  M 

Pomroy,  James,  grant  and  penfion  to  5 

Paine,  Charles,  refolve  on  his  petition  relative  to  the  eftate 

of  John  Whiting,  5"; 

Fejepfcot  Proprietors,  refolve  direrling  Attorney  or  Solicit- 
or General  to  infiitute  an  inquell  of  oftice,  4) 

Q 

Ouarter-Mafter-General,   refolve    difcharging  him   from 

10,5 16  dollars,  52  cents,  and  granting  10,.500,  3^ 

R 

Rliea,  Jonathan,  refolve  granting  further  time  for  felling 

land,  16 

Rocheiler  AfTelTors,  empow^ered  to  commit  an  afleff- 

ment  lift,  24 

Roberts,  Wm.  and  others,  refolve  authorizing  a  company 

of  light  Infantry  to  be  raifed  in  Salem,  47 

Romagne',  Renatus  James,  Rev,  a  grant  in  addition  to  5'2 

Read,.  Jolm,  and  Wm  Smith,  Efq'rs,  directed  to  convey  to 
Ruth  Gay,  ail  the  intereft  of  this  Commonwealth,  to 
certain  eftate  in  .Union  Street,  54 

Holl,  No.  56,  reported  by  the  committee  on  accounts,  5S 

S 

Sigourncy  IVIary,  refolve  authorizing  the  file  of  certain  re- 
al eftate,        '  19 

Superintendent  State  Prifon,  granted  balance  of  his  ac- 
count, 21 

Solicitor-General,  grant  to  28 

State  Prifon,  Commillioners   appointed  to   afcertain  the 

t>')iirds  of  the  lands  purchafed  for  '  30 

Secretary,  falary  eftablilhcd,  31 

Superintendent  of  State  Prifon,  a  grant  in  addition  to  bal- 
ance of  former  appropriation,  35 

Sturtevant,  S.  Samuel,  of  Halifax,  refolve  authorizing  him 

to  execute  deeds  to  William  and  Jofeph  Bozworth,  f^f 


INDEX. 

Society  for  propogatlng  the  gofpel  among  Indians   and 

others,  a  grant  to  4& 

secretary,  to  notify  the  Prefident  and  Directors  of  Banks,         52. 

refolve  advancing  a  fum  to  pay  ailiftant  clerks,  5S 

Stow,  Ann,  refolve  granting  an  addition  to  her  pcnfion,  5() 

T 
Freafurer  and  Secretary,  a  grant  to  31 

rreafurer,  falary  eftablifhed,  S 1 

rorrey,  Stephen,  40 

W 
.Vorcefter  Turnpike  Corporation,  refolve  given  to  locate 

their  road  through  land,  &c.  10 

.Vhitcomb,  Sarah  and  Silas,  refolve  authorizing  them  to 

execute  a  deed,  1 4 

i-Voods,  Sampfon,  refolve  directing  Attorney-General  to 

defend  a  fuit,  27 

Vaternran,  John,  a  grsnt  to  30 

Vard,  Jonathan,  refolve  authorizing  Andrew  and  Jofepli 

Titcomb,  to  execute  a  deed  to   '  4.> 

^inflow.  Carpenter,  refolve  on  petition  of,  authorizing 

Mary  and  Ebenezer  Farewell,  to  execute  a  deed  to  4.5 

Varren,  G.  William,  refolve  on  his  petition,  granting  a 

part  of  the  fum  received  by  the  Treafurer  of  Kennebeck^ 

on  recoenizance  of  Nath.  Tibbets,  51 

Vyman  Daniel,  and  John  and  Edward  Wheeler,  refolve  on 

their  petition,  53^ 

V^ebber,  John,  refolve  on  his  petition,  5G 

Y 
''ork  County,    Judge  of  Probate  authorized  to  appoint 

three  perfons  to  make  divifion  of  Batchelor  Huffey's  re- 

ll-eflate,  '54 


RESOLVES 


OF  THE 


GENERAL  COURT 


OF  THE 


Commontoealt]^  of  jHassacIjusetts. 


BEGAN  AND  HELD  AT  BOSTON,  ON  WEDNESDAY,  THE  TWENTY-SEVENTK 
DAY  OF  MAY,  ANNO  DOMINI  ONE  THOUSAND  EIGHT 
HUNDRED  AND  SEVEN. 


BOSTON: 

PRINTED  BY  ADAMS  AND  RHOADES, 

PRINTERS  TO  THE  STATE, 

1807* 


CIVIL  LIST 

OF  THE 

COMMONWEALTH  OF  MASSACHUSETTS^ 
For  the  political  year  1807 — 8. 

HIS   EXCELLENCY 

MMES  SULLIVAN,  Esq, 

GOVERNOR. 


HIS  HONOUR 

LEVI  LINCOLN,  Esq 

LIEUT.  GOVERNOR, 


COUNCIL. 

Hon.  William  Euftis, 

Benjamin  J.  Porter, 
Thomas  Hazard,  jr^ 
Marfliall  Spring,  |  Timothy  Newell. 

Daniel  Kilham,  I 


Hon,  Samuel  Fowler, 
William  Widgerv", 
Nathan  Wefton,' 


SENATE. 
Hon.  Samuel  Dana,  Efq.  Prefidenf. 

Suffolk — ^Hon.  Harrifon  G,  Otis,  Chriftopher  Gore,  William 
Spooner,  John  Phillips,  Peter  C.  Brooks. 

EJfex — Hon.  Enoch  Titcomb,  John  Heard,  John  Phillips,  jun. 
Nathaniel  Thurfton,  Ifrael  Thorndike,  William  Gray. 

Middle/ex— Hon.  Jonathan  Maynard,  Aaron  Hill,  William 
Hildreth,  Samuel  Dana. 

Hampjkire — ^Hon.  John  Haftings,  Hugh  M'Lellan,  Geo.  Blifc, 
Ezra  Starkweather. 

Plymouth — 'Hon.  Nathan  Willis,  Seth  Sprague. 

BriJiol-^Yion.  Nathaniel  Morton,  jun.  David  Perry, 

Barnjiable — Hon.  James  Freeman. 

Diikes-countv  and  Nantucket — Hon.  If^ar.  Coffin, 

Worcejiej: — -Hon.  Elijah  Brigham,  Salem  Town,  Thomas  Hale, 
Jonas  Kendal. 

Berkjhirc — Hon.  Timothy  Childs,  Azariah  Egglcflon, 

Norfolk — Hon.  John  Howe,  Ebcnezcr  Fiflicr. 

Tork — Hon.  John  Woodman,  Jofepli  Storer. 

Cumberland — Hon.  Levi  Hubbard,  James  Means. 

Lincoln,  Hancock  a?2d  Wajhington — ^Hon-.  George  Ulmer;  Wii* 
}iam  King, 

^pmebeck — Hen,  Earziliai  Gannet. 


HOUSE  OF  REPRESENTATIVES. 


l>o  ton. 


Hon.  Perez  Morton,  Efq.  Speaker. 
suFEOLK.  JL)'W«  <7nfl?  >  Jofeph  Fuller, 

Lynnfieldy  5  Micajali  Newhall, 
Aaron  Breed, 


Jonathan  Mafon, 
William  Smith, 
Samuel  Parkman, 
William  Brown, 
Jonathan  Hunnewell, 
William  Sullivan, 
John  Welles, 
Edw.  Tuckerman, 
William  PhiUips, 
John  Winflow, 
Francis  Wright, 
Stephen  Codman, 
Redford  Webfter, 
Simon  Elliot, 
Thomas  Perkins, 
Benjamin  Ruflell, 
Daniel  Sargent, 
Thomas  W.  Sumner, 
James  Lloyd,  jun. 
John  Callender, 
Thomas  H.  Perkins, 
Thomas  K.  Jones, 
Jkiijamin  Goddard, 
Benjamin  Whitman, 
John  T.  Apthorp, 
Thomas  Danforth, 
Charles  Davis. 

ESSEX. 

John  Hathornc, 
Wm.  Cleveland, 
John  Southwick, 
Joihua  Ward, 
Wm.  Stearns, 
Jofeph  Story, 
Jofeph  Winn, 
Jofeph  Sprague,  jun. 
B.  Crowninlhicldjr. 
M^cirhlehcad^  John  Prince, 

Nathan  B.  Martin, 
Philip  Befom, 
John  Bailey, 
Afa  Flooper, 
jQ&iia  Prentifs,  jun. 


Salem, 


Ebenezar  Hart, 
Danvers,  Nathan  Felton, 
Beverly,  Thomas  Davis, 

Abner  Chapman, 
Gloucejler,  William  Pearfon, 
Daniel  Rogers,  jun, 
John  Somes, 
Wm.  Pearce,  jun. 
Caleb  Norwood,  jr. 
Hafnilton^  Robert  Dodge, 
Jpfwich,     Nathaniel  Wade, 

Jonathan  Cogfwell, 
Rowley,     Thomas  Gage,  jun, 
Newbury,  Jofiah  Little, 
Newbiiryport,  Mark  Fitz, 

And'wFrothingham, 
Jonathan  Gage, 
Edward  Little, 
Stephen  Howard, 
John  Pearfon, 
Andover,  Thomas  Kittredge, 

John  Knceland, 
Boxford,    Thomas  Perley, 
Bradford,  Samuel  Webfler, 
Topsjield,  Nath'l  Hammond, 
Salijliiry,  Jonathan  Morrill, 
Jonathan  Webfter, 
Amejbury,  Chriftopher  Sargent, 
Haverhill,  James  Smiley, 
Methuen,  Benjamin  Ofgood. 

MIDDLESEX. 

Charlejlown,  Thomas  Harris, 
Matthew  Bridge, 
David  Goodwin, 
Rich'dFrothingham, 
Nathaniel  Hawkins, 

Cambridge,  Sam'l  Butterfield, 
Nath'l  P.  Watfon, 
Jofiah  Mafon,  jun. 

Brighton,  Stephen  Dana, 

Ucdford,  Nathaniel  Hall^ 


HOUSE  OF  REPRESENTATIVES. 


6 


Maiden^   Jonathan  OakeSj 

Watertoiim,  Jonas  White, 

Waltham^  Abner  Sanderfon, 

Newton,   Timothy  Jackfon, 

Wejlon,      Ebenezer  Hobbs, 

Lincohi,    Samuel  Hoar, 

Lex'mgton,  Nathan  Chandler, 

Sudbiiry,  William  Hunt, 

Eaji-Sudbury^  Jacob  Reeves, 

Stoiv  and^ -c  -i    ttti,*^        t. 
Ty    L     y   c  l^ph.  Whitcomb, 
Boxboro  ,  3     ^  ' 

Marlboro\  John  Loring, 

Hopkinto?!,  Walter  M'Farland, 

Hollijion,  Jafon  Chamberlain, 

Concord,   Jofeph  Chandler, 

Woburn,    Bill  Ruffell, 

Reading,  Timothy  Wakefield, 

Wilmington,  Samuel  Jaques, 

Billerica,  Jofeph  Locke, 

Tewkejhury,  Wm.  Simonds, 

Chelmsford,  Wm.  Adams, 

Ichabod  Gibfon, 

Carlijlc,    Ephraim  Robbins, 

Adon,       Jonas  Brooks, 

Littleton,  Simon  Hartwell, 

Wejiford,  Tho's  Fletcher,  jun. 

Groton,    Jofeph  Moors, 

Shirley,    Nathaniel  Holden, 

Pepperell,  Jofeph  Heald, 

Town/end,  Abner  Adams, 

Draait,     Ifrael  Hildreth, 

;°""-^/^^'?Ifaac  Wright, 
lyngJbQro  ,3  "= 

HAMPSHIRE. 

Springjicld,  John  Hooker, 
Longmeadow,  Ethan  Ely, 
Wilbraham,  William  Rindge, 
Solomon  Wright, 
Brinifield,  William  Eaton, 
5^.   Brimjidd'}  ^  -», 

Palmer,     Aaron  Merrick, 
Belchertoivn,  Ellakim  Phelps, 

Eld  ad  Paribus, 
^udloiu,    Increafe  Sikcs, 


Granby,    David  Smith, 

Hadley,     Charles  Phclp:;, 
South-Hadley,  Ruggles  Wood- 
bridge, 
Amherjl,  Sam'l  F.  Dickinfon, 
Leverett,  James  Curtis, 
Montague,  Nathan  Chenery^ 
New-Salem,  Varney  Pearce, 

Samuel  C.  Allen, 
North^eld,  Medad  Alexander, 
Warwick  &  )    ^^^^j^  ^ 

Urange,    3 
North  &  £.5  Sol.  Stoddard,  jr. 

Hampton,  3  Thaddeus  Clap, 
Southampton,  Frederick  Judd, 
Wejijield,  Aflibel  Eager, 

Jedediah  I'aylor, 
W,  Springfield,  Jona,  Smith,  jn 

Timothy  Horton, 

Luke  Parfons, 
Soutbwick,  Jofeph  Forvv^ard, 
Gra?iville,  Abraham  Granger^ 

Enoch  Bancroft,  ' 
Blanford,  M^'illiam  Knox,  2d» 
Chejier,    Martin  Phelps, 
Middkfcld,  Uriah  Church, 
Worthington,  Jonathan   Wood- 

bridg^e, 
Cheflerfield,  Benjamin  Parfon.^, 
Deerfield,  Ephraim  Williams, 
Conway,    John  Bannifter, 
AJhfeld,    Ephraim  Williams, 
Greenfield  U  1         .     Bafrom 

r^  ■  jj  ^  iV^Oicb  CalCOm, 

Bernardfion  and  ^  Flez.  Ne\V7 
Ley  den,        3  comb,  jun. 
Stephen  Webfter, 
Colraine,  David  Smithy, 

PLYMOUTH. 

Plymouth,,  Ephraim  Spooner, 

Nathaniel  Goodwin  ^ 
Kingfton,  John  Faunce, 
Duxbin-y,  Adrjii  Fifli, 
Marjhfield,  Nathaniel  Clift, 
Pevibrokey  Ifaac  B.  Barker^ 


e 


HOUSE  OF  REPRESENTATIVES- 


Bailey  Hall, 
Jlr'id^water^  Daniel  Mitchei, 
Middleboro\  John  Tinkham, 
Levi  Pierce, 
Samuel  Pickens, 
Jacob  Cufhman, 
Rochejier,  Gideon  Barftow,  jr. 

JelTe  Hafkell, 
Halifax,   -Nathaniel  Morton, 
Abingtofi,  Nathan  Gurney,  jr. 
Scituate,    Charles  Turner,  jr. 
Enoch  Collattiore, 
Hingham,  Hawkes  Fearing. 

BRISTOL. 

Tauntoyi,  Jones  Godfrey, 
Rchcboth,  Elkanah  French,  jr. 
Dighton.    John  Hathaway, 
Somcrfet,  Clark  Purinton, 
Swafizey,  Daniel  Hale, 
Attleboro\  Ebenezcr  Bacon, 
Eajiown,    John  Tifdale, 
Norton,      Laban  Whcaton, 
Raynbam,  Ifrael  Wafhburn, 
Berkley,     Appolos  Tobey, 
Freetown,  Wm.  Rounfovelle, 
Neiv-Bcdford,  John  Hawes, 
Dartmouth,  Holder  Slocum, 
"^rroy,         Abraham  Bowen. 

BARNSTABLE. 

Baryijiable,  Jonas  Whitman, 
Eben'r  I^othrop, 
Ricliard  Lewis, 
Sandwich,  John  l^"'rceman, 

Benjamin  Pcrcival, 
Falmouth,  David  Nye, 

Braddock  Dimmick, 
Tarmouth,  Elifha  Doane, 
Dennis,     Judah  Paddock, 
Harwich,  Benjamin  Bangs, 
Chatham,  Reuben  Rider. 

DUKES  COUNTY. 

Fdgartown,  Thomas  Cooke,  jr. 
Tijbury,       John  Davis. 

nantuck::t. 
Ihntucket.  Micaiah  CofEnc 


V;0RCESTER. 

Worcejler,  Samuel  Flagg, 
Edward  Bangs, 
Ephraim  Mower, 
Spencer,    Benjamin  Drury, 
Brookjield,  Oliver  Crofby, 
Wejlern,     Jofeph  Field, 
Sturbridge,  Oliver  Plimpton, 
C/iarlton,  John  Spurr, 

Samuel  Robinfon, 
Dudley,     Thomas  Lamed, 
Mcndon,  Jofepli  Adams, 
Milford,  Samuel  Jones, 
Sutton,      Jonas  Sibley, 
Jofiah  Stiles, 
Oxford,     Abijah  Davis, 
prafton,   Eleazer  Lelaild, 
Upton,       Ezra  Wood,  jun, 
Shrewfbury^  Jonah  Howe, 
W{/iboro\  Nathan  Fifher, 
Northboro\  James  Keyes, 
Boylfhn,    James  Longley, 
Hjlden,      William  Drury, 
Lancajlcr,  Eli  Stearns, 
Harvard,  Jona.  Weatherbce, 
Jonathan  Symonds,^ 

Bolton   &  ?  CM       Tjr   1 

r,    ,.     >  Silas  Holman, 
Berlin,  3  ' 

Sterling,    Ifrad  Allen, 

New  Braintree,   Jofeph   Bow>, 

man,  jun. 

Hardwick,  Timothy  Paige, 

Bar  re,      Elijah  Caldwell, 

Ala  Walker, 

HubJ>ar4/lowr.,  John  M'Clanas 

than, 

We/iminjicr,  Jonas  Whitney, 

Feominjler,  Abijah  Bigelow, 

Lunenburg,  Edmund  Cufliing, 

Fitchburgh,  Samuel  Gibfon, 

Winchendon,  Wm.  Whitney, 

Gardner,  Jonathan  Ofgood, 

Royaljion,  Ifaac  Gregory, 

Feterjha?n,  Nathaniel  Chandle;. 


HOUSE  OF  REPRESENTATIVES. 


John  Picket, 


BERKSHJJIE. 

N.  Marlboro*,  Zenas  Wheeler, 
Sandisjield  & 
Soutljfield, 
Tyringham,  Jofeph  Wilfon, 
Barringion,  John  Nichols, 
Bgrcmont,  James  Baldwin, 
Stockbridge,  John  Bacon, 
W.  Stockbridge,  Sam*l  Barftow, 
Lee,  Jared  Bradley, 

Becket,      George  Conant, 
Lenox,       Jofiah  Newell, 
Richinond,  Zach.  Peirfon, 
Pittsfield,  Simeon  Grifwold, 

John  Churchill, 
Dalton,     Jno.  Chamberlain, 
Wind/or,  Amos  Holbrook, 
Chejhire,  Daniel  Brown, 
Lanejboro'  &?  c  jr  wheeler 
N.  AJhford,  5  ^-  "•  ^^  ^^^^^^' 
Willia7nJioiv7i,  Wm.  Towner, 

Wm.  Young, 
Adams,     Elifha  Wells, 
Savoy,       Jofeph  Williams. 

NORFOLK. 

Roxbury,  Jofeph  Heath, 

William  Brewer, 
Elifha  Whitney, 
Ralph  Smith, 

Tiorchejier,  Perez  Morton, 
Ezekiel  Tolman, 
Phinehas  Holden, 

Broohine,  Stephen  Sharp, 

Dedhain,  Ifaac  Bullard, 
John  Endicott, 
Sam'l  H.  Dean, 

Needhatn,  Daniel  Ware, 

Med  field  &  ?  r-  t.   r^\ 

Dover,     j  Eph- Chenery, 

Medway,  Jeremiah  Daniels, 
Milton,      David  Tucker, 
Brainiree,  Benj.  Hayden,  jun. 
Weymouth,  Chriftopher  Webb, 
Cohajfet,     Thomas  I-.othrop, 
Rmidol^h,  Thomas  French, 


Canton,      Jofeph  Bern  is, 
Stougbton,  Lemuel  Gay, 
Sharon,     Jonathan  Billing, 
VValpole,    Afa  Kingfbury, 
Wrentham,  Samuel  Day, 

Benjamin  Shepard., 
Franklin,  Jofeph  Bacon, 
Bellingham,  Daniel  Thurber. 

YORK. 

Tork,        Alexander  M'Intire, 
Kittcry,     Alexander  Rice, 
Wells,        John  Storer, 
Arundel,  Eliphalet  Perkins, 
Lebanon,  David  Legro, 
Sandford  &  7  Tho's  Keeler, 

Alfred,    3  Nath'l  Conant  jr, 
Bhillipjburgh,  Jofeph  Alkinfon, 
Shapleigh,  John  Leighton, 
Parfonsjicld,  David  Marfton, 
Li?nitigton,  James  Kettell, 
Buxton,      Samuel  Merrill, 

Jofeph  Woodman, 
Saco,         William  Moody, 

Benjamin  Pike. 

CUMBERLAND. 

Portland,  Jofeph  Titcomb, 
George  Bradbury, 
Matthew  Cobb, ' 
William  Jenks, 
Jofeph  H.  Ingraham, 
Fahnouth,  John  Waite, 
John  Jones, 
Samuel  Butts, 
•  James  Morrell, 
Scarborough,  Benj.  Tarrabee; 

George  Hi^rht, 
ijorham,   Lothrop  Lewis, 
Gray,         Jofeph  M'Lellan, 
iV.  Tarmouih^  A.  R.  Mitchell, 
Frceport,   Nathan  WelTon, 
Brunfwick,  Robert  Given, 
N.  Glouce/lcr^  Ifaac  Parfons, 

Jofeph  E.  Foxcroft, 
Poland,    Samuel  Andrews. 


s 


HOUSE  OF  REPRESENTATIVES. 


LINCOLN. 

Wifajjet,  Mofes  Carlton,  jr. 

Abiel  Wood,  jr. 
Drefden,  Sam'l  T.  Goodwin, 
iV.  Miiford,  Mo{es  Carlton, 
N.  Cajiky  David  Murray, 
Brijlol,      Simon  Elliot, 
Noblcbcro^,  James  Perkins, 
Thoinajiown,  Malon  Wheaton, 

Ezekiel  G.  Dodge, 
Wiirre?!,    Samuel  Thatcher, 
Camden^   Farnham  Hall, 
Union,       Edward  Jones, 
Bath,        Peleg  Tallman, 
TopJJoafii,  Benjamin  Hafey, 
Lttchficld,  John  Neal, 
Lewijlowv,  Joel  Thompfon. 

KENNEBZCK.    ' 

Augujla,  Jofhua  Gage, 
Halloivell,  Samuel  Moody, 
Gardiner,  Samuel  Jewett, 
Monmouth,  Simon  Dearborn  jr. 
Greene,    Luther  Robbins, 
heeds,      Daniel  Lothrop,  jr. 
Winthrop,  Samuel  Wood, 
luiyetfe,     Solomon  Bates, 
Mount-Verncn,  John  liovey, 
Belgrade,  Mofes  Carr, 
Watervilk,  Elnathan  Shenvin, 


Pittjloivn,  Thomas  Eldred, 
Vaffalboro*,  Abiel  Getchell, 
Winjlow,  Eleazer  W.  Ripley. 
Clinton,     Aflier  Hinds, 
Canaan,    Bryce  M'Lellan, 
Norridgewock,  IthaV  Spauldin, 
Farmington,  Zachariah  Norton, 

HANCOK. 

Cajiine,     Oliver  Mann, 
Buckjio-wn,  Caleb  B.  Hall, 
Orrington,  Francis  Carr, 
Mount  Defert,  Davis  Wafgatt, 
Vinalbaven,  William  Vinal, 
Belfaji,     Thomas  Whittier, 
Northport,  Ebenezer  Frye, 
Lincolnville,  Phillip  Ulmer, 
ProfpeSl,  Henry  Black, 
Frankfort,  Abner  Bicknell, 
Hampden,  Seth  Kempton, 
Bangor,    James  Thomas. 

OXFORD. 

Paris,       Elias  Stowell, 
Buckjield,  Enoch  Hall, 
Turner,     John  Turner, 
Livermore  Nathaniel  Perley, 
Fryeburgh,  John  M'Millan, 
Bethel,      Eliphaz  Chapman. 

WASHJLNGTON. 

Machias,  John  Dickinfon, 
MaJl'Port^  Oliver  Sheai 


RESOLVES, 

OF  THE  GENERAL  COURT  OF  MASSACHUSETTS, 

PASSED    AT     THE    SESSION     BEGAN    AND    HELD    AT    BOSTON,    ON 

WEDNESDAY,    THE    TWENTY-SEVENTH     DAY    OF    MAY, 

ANNO  DOMINI   1807» 


GOVEFvNOR^S  SPEECH. 


State-House,  Wednesday,  June  3. 
At  12  o^clcck,  the  Senators  attended  in  the  R.^presentatives'  Cham^ 
ber^  agreeably  to  assignment^  ivhen  His  Excellency   the  Governor^ 
entered^  attended  by  the  Honorable  Council  and  the  Sheriff  of  Suf* 
folk^  and  delivered  the  following 

SPEECH  - 


Gentlemen  of  the  Senate,  axE) 

Gentlemen  of  the  House  of  Representatives, 


AM  induced,  by  the  refpect  I  entertain  for  you, 
and  by  a  wifh  to  comply  v/itli  the  ufage  of  this  government,  to 
requeft  the  indulgence  of  this  meeting. 

An  attempt  to  lay  before  you  tlie  confidetation  of  particular 
meafures,  which,  in  my  opinion,  might  tend  to  the  advantage 
of  the  Commonwealth,  v;ould  appear  as  a  piece  of  oftentation. 
The  tim.e  that  has  clapfed,  fmce  I  was  introduced  to  the  chair, 
has  not  been  fuflicient  for  a  min,ute  reviev/  of  our  internal 
police.  I  fhall,  therefore,  by  fpeciai  meiTages,  fuggeft  to  you, 
fuch  matters  as  fliall  appear  to  me  to  deferve  your  legiflative 
attention. 

Though  I  do  net  make  a  communication  to  you  on  the  hufi^ 
nefs  of  this  feffion,  yet  my  conftituents,  at  this  interefting  crifis, 
have  a  right  to  expect  from  me,  Vvithout  referve  or  equivoca- 
tion, a  declaration  of  my  fentiments  on  the  duties  of  the  office 
they  have  called  me  to  fuftain.  In  complying  with  this,  I  muft, 
of  courfe,  exprefs  my  ideas  of  fome  of  the  moil  importajit  gen-. 
eral  principles  of  our  government* 


iO  GOVERNOR'S  SPEECH. 

The  Conftitution  is  formed  on  principles  to  guard  the  Legiil 
lature  from  an  'interference  of  the  executive  department ;  yet, 
in  order  to  prevent  thofe  errors  which  might  dtherwife  happen, 
from  the  hurry  of  bufmefs,  or  a  change  of  members  in  either 
jioufejitis  made  a  part  of  the  Governor's  duty, carefully  to  revife? 
the  ads  palled  by  the  legidaturc,  and  to  propofe  fuch  objections  as 
■he  may  have  to  any  bill  they  fhall  lay  before  bim.  In  the  per- 
formance of  this  important  duty,  1  fhall  always  treat  you  with 
the  relpecc  due  to  tlie  iegillature  of  tiie  State.  And,  as  1  can 
liave  no  objecl  in  view  but  the  true  intereft  of  the  Common- 
wciikli,  you  will  rerxivc  my  objections,  fhould  I  make  any,  as 
offered  with  an  intention  to  preferve  the  happinefs  of  the  State, 
and  to  promote  the  public  welfare.  Should  a  queilion  happen 
to  arife  on  the  conilitutionality  of  a  bill,  -I  must  fubmit  myfelf, 
explicitly,  to  your  candor  and  juilice  :  for,  Iiowever  we  may 
dilivr  ill  opinion  on  the  application  of  the  Conftitution,  in  this 
s\-c  111  all  always  agi^j,  that,  on  an  entire  prefervation  of  the  fc-' 
cial  compact,  by  which  we  exift  as  a  Commonwealth,  and 
which  is  the  fupreme  law  of-the  legiflature  itfelf,  the  fafety  and 
tlie  profperity  cf  the  people  depencf. 

The  judiciary  department  of  our  government  will,  invariably, 
claim  the  firft  regard  of  patrictifm.  Upon  the  wifdom  zwd 
purity  of  that  department,  freedom,  property,  and  all  the  valu- 
able poll'cfiions  in  civil  lociety  depend.  In  all  countries,  thf^ 
principles  and  feelings  of  the  magiilrates  and  judges  ought  to 
be  in  a  coiiKvidence  with  the  nature  cf  the  government : — ^This 
is  its  principal  fource  of  energy.. 

The  judiciary  department,  being  fo  neceflary  and  important, 
is  an  expeniive  branch  of  admlniftration.  In  a  State,  where  an 
enquiry  by  grand  juries,  and  trials  by  petit  juries,  are  fixed  by. 
the  Conftitution  as  the  Ilror.g  barriers  of  the  people's  rights,, 
the  modes  of  punidiing  crinic3,  and  cf  obtaining  juftice,  on 
private  dcmands<|  arc  more  expeniive  ftill.  A  cheap,  ready, 
and  plnin  manner  of  obtaining  remedies  for  v/rongs,  and'  of 
compcliing  the '  execution  cf  contracts,  by  fixed,  eftablillied 
rules,  forms  tlic  ftrongcft  lines  of  a  good  government.  Under 
this  imi-wreiiion,  the  people,  in  forming  the  Conftitution,  de- 
dared,  that  all  the  judges  ihould  liold  their  offices  as  long  as 
they  ftiould  behave  themfelvcs  well : — And  that  the  judges  of 
the  fupreme  judicial  court  iliould  have  permanent  and  honor- 
able iahries,  eftabliihed  by  law. 

TIic  oflxe  of  jurors  m.ay  bethought  by  fome  to  be  a  burden 
—but  if  tlrat  ihftitution  iliould  be  abolifhed,  there  would  no 
long^er  be  freedom  or  property.     It  ought  to  be  guarded  by 


'GOVERNOH'S  SPEECH.  11 

vlaws,  not  only  againft  corruption,  but  againft  all  undue  influ- 
£iicc  and  party  prejudice. 

There  is  no  doubt,  but  that  improvements  may  be  efFeflcd 
in  the  jurifprudence  of  the  Commonwealth  :  and  therefore  the 
.attention  ot*  the  legiflature  will  not  be  withdrawn  from  It.  But 
in  all  alterations,  a  facred  repjard  will  be  had  to  the  Conftitu- 
tion : — While  the  plans  adopted  iliali  have  fuch  a  degree  of 
perfeftion,  as  to  render  them.,refpei3:ablc  and  permanent. 

The  Governor,  being  commander  in  chief  of  the  miiitiay 
,^when  they  are  not  in  the  aclual  fervice  of  the  United  States, 
muft  have  a  duty  devolved  upon  him,  which  is  of  no  lefs  con- 
fequence  to  the  other  States  in  the  Nation  than  it  is  to  this 
Commonwealth.  When  we  contemplate  the  immeafurabie 
ihores  we  give  to  the  fea  ;  the  vafc  extent  of  territory  our  na- 
tional dominion  foreads  itfelf  over,  we  are  oblig^ed  to  confefs 
the  error,  of  a  rcliiince  on  a  (landing  army,  for  an  efreclive  de- 
fence asrainft  the  invaiion  of  a  foreisrn  enemv.  To  pieferve 
.the  forms  of  war,  with  the  principles  and  feelings  cf  military 
difciplinc,  fome  rea;ular  troops  are  necelTary  ;  but  our  defence 
muft  remain  with  the  militia.  They  are  a  perpetual  guard 
againft  internal  commotions  ;  an  invincible  power  to  iliield  a 
country  againftits  external  enemieSo  The  foil  muft  be  proteft- 
ed  by  its  owners.  This  defcription  includes  all  the  people,  be- 
caufe  all  have  an  equal  right  to  acquire,  and  poilefs  fee  fimple 
eftates.  Imprefled  with  thcfe  fentiments-j  the  militia  fhall  have 
my  unceafmg  attention  throughout  the  year. 

Peace  with  all  the  world,  is  the  great  objecl:  of  our  National 
Councils  ;  yet,  if  we  v/ould  maintain  fo  invaluable  a  bleiiing, 
we  muft  be  prepared  to  m^et  every  .hoftile  aggrelTion,  and  to 
repel  every  invading  infult.  A  dependence  on  any  other  pcv.'- 
■er  for  aftiftance,  will,  finally,  involve  us  in  diftlculties,  from 
which  we  cannot  extricate  ourfeives  without  great  expenfe 
and  danger.  A  treaty  qf  alliance  muft  open  a  v.^ide  door  to 
the  influence  cf  a  foreign  nation  :  it  would  weaken  the  natur- 
Ei  pillars  of  our  national  independence. 

Europe,  as  the  illuftrious  Wafiiington  has  told  us,  "  has  a 
fet  of  primary  interefts^  which  to  us,  have  none,  or  a  very  re- 
mote relation.  Hence  fiie  muft  be  engaged  in  frequent  con- 
troveriies,  the  caufes  of  v>^hich,  are  eflentialiy  foreign  to  our 
concerns"  Thofe  cautious  fentiments  h:ive  been  carefully 
adopted  by  the  prefent  Prefident.  From  the  v/ifiom,  firmnels, 
and  moderation  of  his  rneafures,  under  the  favor  of  God,  we 
remain  the  quiet  fpeclators  of  thofe  wafting  Vv'ars,  which  the 
'f.jtuation  of  European  powers  may  have  rendered  expedient,  or 


12  GOVERNOR'S  SPEECH. 

neceiTary,  amongft  them,  but  by  which  they  are  deluged  in 
blood,  and  opprefled  with  expenfes. 

Should  a  luitable  proportion  of  our  militia,  in  the  United 
otates,  be  trained  to  a  proper  degree  of  difcipline,  and  be  pro- 
perly armed,  though  the  firft  column  of  an  invading  enemy 
might  not  be  inilantly  rcpeiied,  yet  the  decifive  appearance  of 
victory  would  be  foon  exhibited  on  the  ftandard  of  our 
union. 

It  h  true,  tliat  tlie  art  of  war,  like  other  arts,  is  to  be  moft 
perfeftly  learned  from  pra6tife  and  experience  ;  but,  this  a 
bloody,  and  an  expenfive  method  of  acquiring  knowledge.  In 
a  nation,  where  it  is  not  received  as  an  eflabliflied  tr^th,  that 
war  is  the  natural  ftate  of  man  ;  in  a  country,  where  no  inva- 
iion  is  to  be  expccled,  but  from  the  error,  or  ralhnefs,  not  from 
the  intereft,  of  a  foreign  power,  the  art  of  war  m^ay  be  fulli- 
ciently  cultivated,  at  a  moderate  expenfe,  by  military  fchools, 
and  othcrwife,  in  time  of  peace.  Each  State  in  the  nation, 
lias  the  fame  interefl  in  the  difcipline  of  the  militia  of  the  oth- 
ers, as  it  has  in  that  of  its  own  ;  and,  therefore,  there  can  be 
no  impropriety  in  contemplating  this,  as  a  fubjecl  of  national 
<:oncernment.  Whether  you,  Gentlemen,  w^ill  conceive  it  to 
be  your  duty,  to  ufe  your  influence  with  Congrcfs,  on  an  affair 
of  iuch  magnitude,  as  far  as  it  (hall  comport  with  the  National 
and  State  Conftitutions  ;  or  whether  you  will  turn  your  atten- 
tion to  the  militia  of  your  own  State  alone,  I  cheerfully  fubmit 
to  your  wifdom.  But  this  I  venture  to  aflirm,  that  all  neglecl, 
or  delay  in  this  bulinefs,  is  incompatible  with  the  fafety  of  the 
country. 

No  foreign  power  will  dare  to  invade  our  country,  in  a  pro- 
jecl  of  conquell,  unlefs  the  United  States,  like  the  ancient  re- 
publics, by  controverfies  and  animofities  amongft  themfelves, 
ihall  iurniih  their  enemies  v/ith  the  hopes  as  well  as  the  means 
of  fuccefi.  To  preierve  a  union  of  intereft  and  fentiment,  fo 
abfolutely  necefTary  to  our  exiftence  as  a  nation,  jealoufies  are 
to  be  laid  afide  ;  charity  ciieriflied,  and  a  reciprocity  of  affec- 
tion and  civility  to  be  exhibited.  All  the  States  muft  be  the 
country  of  the  citizens  of  each,  and  each  State  the  country  of  all. 
Our  national  union,  glowing  on  the  public  opinion,  is  the  bell 
defence  of  our  foverei^ntv  :  and  thofe  w'ho  would  check  it  there, 
would  fever  tne  root  from,  vrhence  the  tree  of  Liberty  draws, 
in  copious  ilreams,  its  principal  nourifliment. 

The  chief  magiftrate  of  the  nation,  being  an  ele^live  ofHcer, 
the  voice  of  the  majority,  taken  according  to  tlie  forms  of  the 
Conflitution;  muil  be  deciiive  in  the  choice  :  it  is  the  voice  ci" 


GOVERNOR'S  SPEECH.  Ijj 

uil.  To  treat  the  eleclion  with  difrefped,  is  to  treat  the  Confti- 
tution  with  contempt.  Nothing  can  tend  more  to  derogate 
from  the  refpecl  due  to  us  as  a  nation,  than  an  appearance  of 
unealinefs,  and  dilTatisfaftion  at  the  forms  and  principles  of  our 
own  governments. 

Gentlemen; 

The  great  improvements  in  agriculture,  the  increafe  ol 
commerce,  and  the  encouragement  of  the  arts  in  our  country, 
furniih  the  moll  fatistactory  proofs  of  the  perfedion  of  our  po- 
litical inftitutions.  But  the  path  of  public,  as  well  as  private 
profperity,  is  to  be  trodden  Vv^tli  care.  Governments  depend- 
ing, for  their  execution,  in  fo  great  a  meafure  upon  the  will  of 
the  governed,  fo  frequently  expreiled  by  their  fuftVages,  de- 
mand, for  their  prefervation,  great  intelligence  in  the  body  of 
the  people.  To  maintain  this,  our  inftitution  of  town  fchools 
is  admirably  adapted.  Thefe,  with  the  academies  and  colleges, 
are  rendered  indifpenfable  by  the  nature  of  our  government : 
and  claim  the  conftant  attention  of  the  legiilature,  for  their 
fupport  and  encouragemento 

The  fentiments  in  regard  to  public  worfhip,  piety,  religion,, 
and  morality,  interwoven  with  the  Conftitution  of  the  Com- 
monwealth, fo  far  as  we  have  a  right  to  decide,  have  had  great 
influence  on  the  people.  We  obferve  with  great  pleafure  the 
ereclion  of  edifices  for  public  Vv^orfhip  of  various  denominations 
in  chrillianity  :  teachers  every  where  fettled  and  fupported ; 
and  public  devotion  generally  attended  upon.-— I'hefe  circum- 
ftances,  under  our  efcabliflied  form  of  government,  which  ex- 
cludes all  perfecution  and  intolerance  on  principles  of  religion, 
and  modes  of  worfliip,  give  to  our  State  a  very  honorable  ap- 
pearance, in  the  view  of  the  enlPghtened  part  of  the  world. — ■ 
The  principles  and  precepts  of  the  gofpel,  if  they  are  attended 
to  and  improved  for  religious  and  moral  purpofes  otily^  will  al- 
ways make  good  men  ;  and  good  men  can  never  be  bad  citi- 
2;ens.  Upon  the  literary  and  religious  inftitutions  of  the  State, 
our  happinefs  as  a  people,  eflentially  depends :  and  i  fiiail  re- 
joice in  feeing  the  legiilature  attentive  to  their  encouragement 
and  fupport  : — While,  at  the  fame  time,  that  freedom  of  opin- 
ion, and  thofe  rights  of  confcience,  which  are  folemnly  recog- 
nized in  the  Conilitution,  are  facredly  maintained. 

GENriEMEN, 

Government,  in  its  nature,  is  a  concentration  of  tl\e  pub- 
lic opinion  to  a  ccvtaiu  form  of  public  rule.      This  may   be 


VP  GOVERNOR'S  SPEECH. 

5r.aintamed,  in  a  defpotifm,  by  terror  ;  but  In  a  republic,  it 
2nuft  be  fupported  by  an  attachment  of  the  people  to  their 
<:ountry — by  public  virtue.  To  produce  this  attachment,  the 
powers  of  the  government  muft  be  exerted  to  give  equal  ad- 
vantages to  all  its  fubjects :  not  to  create  wealth,  or  exclufive 
privileges  to  any  ;  but  in  fecuring  to  all,  refpectively,  as  far  as 
it  can  be  done  by  general  laws,  well  executed,  the  enjoyment 
of  the  various  gifts  which  God  bcftows  upon  them.  For,  to 
,iile  the  language  of  our  declaration  of  rights,  "  no  man,  or  cor- 
poration, or  ailociation  of  men,  have  any  other  title  to  obtain 
advantages  diilinct  from  thofe  of  the  community,  than  what 
n.rifes  from  the  confideration  of  fervicfs  rendered  to  the  pub- 
lic.'* Where  the  laws  fecure  to  every  man  the  fame  privi- 
leges to  acquire  and  hold  property,  the  M'ifh  to  accumulate 
wealth  by  fair  means,  and  honeft  induftry,  is  infcparablc  from 
patriotifm.  Enterprize  and  indullry  are  in  the  clafs  of  public 
virtues,  becaufe  they  are  the  unfailing  fourcc  of  wealth  to  a 
nation. 

A  refpect  to  the  civil  authority,  a  correct  regard  to  the  rights 
of  others,  and  a  ready  obedience  to  the  laws,  confer  on  a  peo- 
ple a  dignity  of  characler,  which  is  intimately  blended  with 
the  fecial  virtues  ;  and  habitually  becomes  the  flrength  of  a 
civil  community. 

Should  any  one  be  daring  enough  to  fuggeft  the  idea,  that 
the  people  of  Maffachufetts  are  not,  in  the  enlightened  fitua 
tion  God  has  beilowed  upon  them,  under  the  advantages  they 
are  favoured  with,  and  the  habits  acquired  from  the  m.anner 
of  their  education,  competent  to  the  fupport  of  a  free  govern- 
ment, by  their  fuftrages,  frequently  exercifed,  fuch  perfon 
ought  to  be  reftrained,  as  a  dangerous  incendiary  ;  becaufe  it  is 
us  eiTentially  wrong  to  fpeak,  as  to  acl  treafon.  Every  citizen 
has  an  unalienable  right  to  cxprefs  his  opinion  upon  the  admin- 
iftration  of  the  government,  and  the  conduct  of  his  rulers  : 
But  there  are  certain  primary  principles,  which  conftitute  the 
leading,  efi'ential,  diitinguidung  features  of  an  eieciive  republic : 
Thefe  are  to  be  treated  with  a  folemn  reverence,  and  fupported 
by  a  religious  refpect. 

I  embrace  this  opportunity,  to  exprcfs  the  fcnfe  T  have  ot 
the  honor  done  me  by  my  fellow  citizens — and  to  afTure  them 
of  my  firm  attachment  to  the  principles  of  the  Commonwealth. 
They  may  rely  with  flifcty,  that  it  is  my  determination  to  ex.- 
c:t  rf.yiclf,  liiiiformiy,  to  maintain  the  dignity  and  faith  of  this 


ANSWER  OF  THE  HOUSE.  15- 

State,  and  to  ftrengthen  and  confolidate  the  Natiortal  Union, 
on  the  principles  oi  the  National  Governnnient.  At  the  fame 
time,  I  aflure  you.  Gentlemen,  that,  on  my  part,  noihing  Ihall 
he  omitted,  which  will  render  this  fellion  plealant  to  you,  and 
beneficial  to  your  conilituents. 

James  Sullivan. 


ANSWER  OF  THE  HOUSE  OF  REPRESENTATIVES^ 

Jtme  5,  1807. 
May  ir  please  tour  Excelle^j^cTj- 


_  HE  Eloufe  of  Reprefentatives  feel  thcmfelvcs 
happy  in  the  communication  they  have  received  from  your  Ex- 
cellency, replete  with  fentiments  that  perfectly  coincide  v/ith- 
their  own,  and  as  they  have  reafon  to  believe,  with  thofe  of 
their  conftituents  in  general. 

It  was  not  to  be  expected,  that,  at  fo  early  a  period  afte? 
the  aufpicious.  event  of  your  introduction  to  the  chair  of  oov- 
firnmcnt  by  the  fuffrages  of  a  free  and  enlightened  people,  it 
would  be  in  your  power  to  take  a  more  "  minute  revicv/  of 
our  internal  police,**  than,  it  appears,  you  have  actually  done. 

We  fhall,  with  alacrity,  attend  to  "■  fuch  matters,  as,  by  fpecial 
meffages,"  your  Excellency  may  fee  fit  to  fuggeft  to  us. 

In  the  tranfaction  of  bufinefs,  wherein,  by  the  Conftitution, 
the  Executive  and  Legiflative  dfepartments  are  veiled  with  con- 
current powers,  fliould  a  difference  of  opinion,  at  any  time, 
take  place,  we  fliall,  with  the  utmoil  confidence,  rely  on  ths 
"  candor  and  juftice"  of  your  Excellency  ;  and  you  will  have 
a  right  to  expect  the  exercife  of  the  fame  candor  and  juflice 
from  us. 

The  Judkiary  department,  as  it  highly  deferves,  will,  we  truft, 
ever  receive  the  mofl  fcrious  attention  and  refpect  of  tlie  leo-ii- 
iature- 

We  are  deeply  fendble  how  important  it  is,  in  a  government, 
like  that  of  the  United  Srates,  that  particular  attention  (liouH 
ever  be  paid  to  the  Militia  of  the  feveral  States,  that  compof:. 
the  Union.  To  the  Militia  of  this  Commonv.'caidi,  the  mof^. 
fiirict  and  conftant  attention  iliall  be  paid. 


25  ANSWER  OF  THE  SENATE. 

From  the  attention  that  has  been  paid  to  the  Mihtia  of  the 
United  States,  and  from  the  "  wifdom,  firmnefs,  and  modera- 
tion" of  the  prefent  adminiilration,  without  being  over-burthen- 
ed  with  the  expenfe  of  a  Handing  army,  or  dependent  on  for- 
eign powers  for  the  aid  of  mercenary  troops,  we  are  under  a 
fuperintending  and  kind  Providence,  exempt  from  thofe  tre- 
mendous fcenes  of  blood  and  carnage,  in  which  the  nations  of 
Europe  are  now  involved. 

V/e  are  deeply  and  folemnly  imprefled  with  a  fenfe  of  the 
liigh  importance,  and  ahfoliite  necejjity  of  fupporting  the  nation- 
al UNION  ;  and  in  order  to  this,  of  cultivating  harmony,  and 
mutual  good  will  between  the  feveral  States  that  compofe  the 

UNION. 

Due  attention  will  be  paid  to  the  agricultural  and  mercantile 
interefts  of  our  conftituents  ;  and  to  the  impartial  encourage- 
ment and  fupport  of  religious  and  Hterary  inftitutions. 

That  the  important  ftation,  which,  by  the  fuffrages  of  your 
fellow  citizens,  your  Excellency  has  been  called  to  fill,  may,  un- 
der the  direction  of  an  all-wife  and  kind  Providence,  be  found 
both  pleafant  to  you,  and  beneficial  to  them,  is  the  fmcere  and 
ard&nt  delire  of  the  Houfe  of  Reprefentatives. 


ANSWER  OF  THE  SENATE. 

June  10,  1807* 
Mat  it  please  your  Excellency^ 

Jl  he  Senate  beg  leave  to  offer  to  you,  their  lincere 
congratulations  on  your  election  to  the  office  of  firft  magiftrate,- 
and  to  allure  you  that  they  view  the  prefent  period  one  of  the 
moft  interefting  which  has  occured  in  the  annals  of  our  Com- 
monwealth. Our  pleafure  on  this  occafion  is  greatly  increafed 
by  the  conllderation,  that  we  have  placed  at  the  head  of  our 
government,  a  man  whofe  principles  and  feelings  are  in  har- 
mony with  thofe  of  our  National  Chief. 

Our  Conflitution  has  wifely  affigned  diftiniH:  limits  to  the 
feveral  departments  of  our  government ;  a  facred  regard  to 
this  principle  is  neceflary  to  enfure  ,harm.ony,  as  v/ell  as  to 
maintain  mutual  confidence  and  re(pect. 


ANSWER  OF  THE  SENATE.  17 

In  governments  like  our  own,  whofe  greatcft  flrcngth  con- 
fifts  in  the  affe6lions  of  the  people,  it  is  of  primary  importanc® 
that  the  principles  and  feelings  of  the  magiftrates  fliould  coin- 
cide with  the  genius  of  their  inftitutions. 

Under  our  Conftitution,  trials  by  jury  form  a  ftrong  barrier 
to  the  people's  rights  :  on  the  due  regulation  of  thefe,  and  on 
the  wifdom  and  purity  of  the  Judges,  our  lives,  liberties  and 
property  efTentially  depend.  Objeds  fo  iniportant,  will  always 
merit,  and  we  truft  will  receive,  the  unremitted  attention  o£ 
the  Lesfillature. 

The  nature  and  extent  of  our  country,  as  weil  as  the  genms 
of  our  government,  point  to  the  Militia,,  as  our  fafefl  guard 
againft  internal  commotions,  and  our  fureft  defence  againft  in- 
vading foes  ;  and  although  we  highly  approve  the  fyftem  ad- 
opted by  our  national  councils,  to  cultivate  peace  with  all  na- 
tions ;  We  ihall  nevertlielefs  haften  to  pay  ail  that  attention  to 
this  important  fubject,  which  our  national  relations  may  makes 
proper. 

That  the  will  of  the  majority,  conftitutionally  obtained,  fliall 
be  binding  on  the  minority,  is  a  firft  principle  of  our  focial 
compaft.  This  principle  has  no  doubt  too  frequently  been  re- 
lifted  ;  we  have,  however,  the  fatisfaftion  to  believe  that  ther 
good  fenfe  of  our  citizens  is  faft  correcting  an  evil,  which  has 
derogated  from  that  national  charafter  which  every  good  citi- 
zen Ihould  be  proud  to  maintain. 

The  general  diffulion  of  knowledge  among  the  people  Is  a 
main  pillar  in  our  political  edifice,  and  the  cultivation  of  piety 
and  morality  is  effential  to  our  happinefs.  We  contemplate 
with  pleafure  the  great  increafe  of  literary  and  religious  inftitu- 
tions, and  fliall  afford  them  that  patronage  which  an  enlighten- 
ed policy  will  always  dictate. 

The  confpicuous  part,  which  your  Excellency  was  called  to 
act,  on  the  great  theatre  of  our  revolution  ;  the  diftinguiftied 
abilities  which  you  exhibited,  and  the  correctnefs  with  which 
you  performed  the  duties  of  the  feveral  ftations  in  which  you 
have  been  placed  under  our  government,  as  well  as  the  alTur- 
ances  you  now  make,  leave  us  no  room  to  doubt,  that  your  ad- 
miniftration  will  be  calculated  to  maintain  the  dignity  and  hon- 
or of  the  State,  and  to  ftrengthen  the  Union,  on  the  principles 
of  the  national  coir.pact. 

We  fhall  receive  with  attention  fuch  communications  as  you 
may  from  time  to  time  be  pleafed  to  make,  and  you  will  permit 
us  to  aflure  you,  that  nothing  ftiall  be  omitted  on  our  part, 
which  may  tend  to  promote  that  harmony  which  will  be  always 
defirable,  among  the  feveral  departments  of  our  government, 
\^ 


RESOLVES, 


I. 

*      ^cfdvCy  on  Petition  cf  Clerk  of  ScJJions^  County  of  Plymouth. 

June  2,  1 807. 

Whereas  at  a  term  of  the  Court  of  General  Scflions  of  the 
Peace,  holden  at  Plymouth,  within  and  for  the  County  of  Ply- 
mouth, on  the  fecond  Tuefday  of  April  laft,  owing  to  an  inter- 
ference of  the  faid  Court  v/iih  'he  Court  of  Connmon  Pleas, 
which  was  holden  at  the  fame  time  and  place,  the  ufual  eftimate 
of  a  County  tax  was  accidentally  omitted  ;  and  whereas  it 
would  be  highly  conducive  to  the  intereit  of  faid  County,  that 
fuch  a  tax  iliould  be  apportioned,  previous  to  the  next  term  of 
faid  Court,  regularly  by  law  to  be  holden  : — 

Therefore  Refohed^  That  a  term  of  the  faid  Court  of  General 
Scflions  of  the  Peace,  be  holden  by  the  Juftices  thereof,  at  Ply- 
mouth aforcfaid,  on  the  fecond  Monday  of"  June  next  ;  and  the 
l^id  Juftices  of  the  faid  Court,  are  authorized  then  and  there  to 
form  an  eilimate  of,  and  to  apportion,  a  County  tax,  for  the 
faid  County  of  Plymouth,  in  the  fame  manner  as  they  are  by- 
law authorized  to  do  at  any  fftablijQied  term  of  faid  Court,  and 
that  a  copy  of  this  refolve,  be  printed  in  the  Independent 
Chronicle  and  Columbian  Ccntincl,  printed  in  Bofton,  as  foon 
as  may  be. 

-    ^' 

Rcfolvc,for  two  Notaries  Public,  County  of  Hancock, 
June  2,  1807. 

P.cfolvcd,  That  two  additional  Notaries  Public  be  appointed 
for  the  County  of  Hancock,  one  to  refide  at  Mount  Dcfcrt ; 
and  the  other  at  Hampden. 

III. 

Refolzr.for  an  additional  Notary  Public,  for  the  County  cf  Lincoln^ 

June  2,  1807. 

"^Refoh'cd,  That  one  additional  Notary  Public  be  appointed  for 
the  County  gi  Lincoln ,  tg  rdide  in  the  town  gf  Ncbleborough, 


-RESOUTEIS,  June  1807-  1^ 

IV.  * 

^efihs-ifor  an  additional  Notary,  County  of  Lincoln.  June  2, 1 807. 

Rcfolvcd,  That  one  additional  Notary  be  appointed  in  the 
County  of  Lincoln,  to  r.elide  at  Camden. 

V. 

^efohe,for  thr£e  additional  Notaries,  for  the  County  ofWaflnngton, 

June  2,  1807. 

Refolded,  That  there  be  three  additional  Notaries  Public  ap- 
pointed in  the  County  of  Wafliington,  one  to  relide  at  Colum- 
bia, one  at  Plantation  number  Four,  and  one  at  Plantatioh 
riumber  Five,  on  the  Schoodick  river. 

VI. 

KefolvCyfor  an  additional  Notary  for  the  County  of  EriJloL 
Jmie  2,  1807. 

Refolved,  That  one  additional  Notary  Public  be  appointed 
for  the  County  of  Briftol,  to  rehde  in  the  town  of  New-Bed- 
ford, and  in  that  part  called  Fairiiaven. 

.yii. 

]Refolve,for  an  additional  Notary  Public  for  the  County  ofTork. 

June  2,  1807. 

Refohcd,  That  one  additional  Notary  Public  be  appointed  for 
the  County  of  York,  to  reiide  in  the  town  of  Berwick. 

VIII. 

Refolve,for  an  additional  Notary  Public  for  Berhfmre. 
June  2,  1807. 

Rcfohed,  That  one  additional  Notary  Public  be  appointed  for 
the  County  "of  Berkihire,  to  refide  in  the  town  of  Lenox. 

IX. 

Befolve^for  en  additional  Notary  BubUcfor  Rocbcjler,  in  Plymouth. 

June  2,  1807. 

P.efolvcd,  That  one  additional  Notary  public  be  appointed  for 
t^e  County  of  Plymouth,  to  relid*"  in  the  town  pf  Rochefter, 


20  RESOLV£S,  June  180t 

X. 

Refolve,  for  an  additional  Notary  Public  for  the  County  of  Norfolk, 

June  2,  1807. 

Refohed,  That  there  be  an  additional  Notary  Public  appoint- 
ed in  the  County  of  NorfoUc,  to  refide  in  Cohaffett. 

XI. 

Refolve^  ejlablifhing  the  pay  of  the  Council  and  General  Court.  . 
June  4,1807. 

Refolved,  That  there  be  allowed  and  paid  out  of  the  Treafury 
of  this  Conimonwcaltli,  to  each  of  the  members  of  the  Council, 
Senate  and  Houfe  of  Rcprcientatives,  two  dollars  per  day,  for 
each  days  attendance,  the  prelent  fellion  ;  and  the  like  fum  for 
every  ten  miles  travel,  from  their  refpcclive  places  of  abode,  to 
th«  place  of  the  feflions  of  the  Legiihuure.  And  be  it  further 
re/ohed,  that  there  be  paid  to  the  Prefident  of  the  Senate  and 
the  Speaker  of  the  Houfe  of  Reprefentatives,  each  two  doUars 
per  day  for  each  and  every  days  attendance,  over  and  abovQ 
their  pay  as  members. 

XII. 

Re/olve,  granting  Tritjlees  of  Portland  Academy  power  to  fell  certain 
premifes.     June  G,  1 807. 

Upon  tlie  petition  of  the  Truftees  of  Portland  Academy,  in 
the  County  of  Cumberland,  fetting  fourth  that  they  have  agreed 
to  fell  to  the  town  of  Portland  their  old  AcademA'  and  land  be- 
longing to  it,  fituate  in  that  town,  and  bounded  as  in  and  by  a 
docd  thereof  from  Knoch  Ilfley,  Treafurer  of  faid  town,  to  the 
faiJ  Trulf ees,  bearing  date  29th  December,  A.  D.  1798,  may 
appear : 

uVllb  further  fhewing,  that  a  fale  of  part  of  the  land  lately 
purchafed  by  them,  of  Sarah  T.  Chafe,  and  bounded  as  by  her 
deed  thereof  to  them,  dated  9th  May  lalf ,  will  appear,  might  be 
effected  to  great  advantage,  and  praying  to  be  authorized  and 
<Mnppwered  to  fulfill  and  carry  into  t^th.  their  agreement  with 
the  town  of  Portland,  and  to  fell  and  convey  fuch  part  of  the 
premifes  purchafed  of  faid  Sarah  T.  Cliafe,  as  they  iliall  tliink 
c<in  bell  be  fparcd  without  prejudice  to  the  lot  referved  for  the 
Academy — and  of  the  premifes  fold  and  to  be  fold  as  afore- 
laid,  to  make  and  execute  good  and  proper  deeds  thereof  tg 
the  purchafcrs  ; 


ilESOLVES,  June  1S07.  2l 

Refohed,  That  faid  Truftces  be,  and  they  are  hereby  author- 
ized and  empowered  to  fell  and  convey  the  preniifes,  both 
or  either  as  above  payed  for,  on  fuch  terms  and  for  fuck  con- 
fideration  as  they  fliall  think  right — And  thereof  to  make  and 
execute  good  and  proper  deed  or  deeds,  with  or  without  war- 
ranty, as  they  Ihall  think  proper — And  any  deed  or  deeds  there- 
of figned  by  their  Treafurer  in  their  behalf,  or  by  any  one  of 
the  Truftees,  for  that  purpofe,  appointed  at  any  of  their  meet- 
ings, and  by  fuch  Treafurer  or  Truftee  acknowledged,  and  feal- 
ed  with  the  feal  of  the  Corporation,  fhali  bind  the  Corporation, 
and  pafs  and  convey  its  right,  title,  intereft  andeftate,  (tliereby 
intended  to  be  conveyed)  to  the  purchafer  or  purchafers,  fully 
and  effectually  to  every  intent  and  purpofe  whatever. 

XIIL 

Refolve,  granting  a  tax  to  the  County  of  Lincoln^  for  the  purpofe  of 
-building  a  Gaol  and  Gaol  Hau/h     June  6,  1 807. 

On  the  petition  of  Peleg  Tallman,  Efq.  and  others,  a  Com- 
mittee appointed  by  the  Court  of  General  Seilions  of  the  Peace, 
for  the  County  of  Lincoln,  at  their  fefiion  at  Wifcaffet,  on  the 
fecond  Monday  of  May  1807,  to  apply  to  the  Legiflature  for 
authority  to  raife  by  tax  on  the  inhabitants  of  the  County,  the 
fum  of  five  thoufand  dollars,  for  the  purpofe  of  building  a 
Gaol  and  Gaol  Houfe  at  Wifcallet  :— 

Refohcd,  For  reafons  fet  forth  in  faid  petition,  that  the  fum 
of  five  thoufand  dollars  be,  and  hereby  is  granted,  as  a  tax  for 
faid  County  of  Lincoln,  for  the  purpofe  of  building  a  Gaol  and 
Gaol  Houfe  at  Wifcallet,  in  laid  County  ;  to  be  apportioned, 
.afleffed,  collected  and  applied  for  the  purpofes  aforefaid,  and  ac- 
cording to  law. 

XIV. 

Refolve,  on  the  petitition  of  Jacob  Welfh^  directing  the  Solicitor  Ge?i- 
eral  to  defend  the  Commonwealth  againjl  the  claim  of  James  Mai-*, 
tin,  to  certain  lands  in  Tcivrfend^  and  100  dollars  granted.  June 
9,  1807.    :     -    - 

On  the  petition  of  Jacob  Welfh,  praying  for  the  alhftancc  of 
the  Commonwealth  in  defence  of  certain  fuits  brought  by 
James  Martin,  to  recover  the  polTeilion  of  certain  lands  in 
Townfend,  in  the  County  of  Middlefex,  .which  were  conveyed 
by  this  Ccmmmonwealth  with  v.-arranty  : — 
.   Refohcd,  For  reafons  f^t  forth  in  faid  petition,  that  the  So- 


<n  JIESOLVES,  June  1 807. 

licitor  General  of  this  Commonwealth  be,  and  he  hereby  Is  au^ 
thorized  to  appear  in  behalf  of  faid  Commonwealth,  in  the  fuit 
now  depending  in  the  Court  of  Common  Pleas,  in  the  Coun- 
ty of  Middlefex,  brought  by  the  faid  James  Martin,  againft 
WlUiaiik  Cunningham  and  Jacob  Welih  refpeclively,  for  the  re- 
covery of  parts  of  faid  hinds  conveyed  to  Jacob  WeWh  as  afore- 
faid,  to  examine  into  the  title  of  the  faid  James  Martin,  to  the 
lame  lands,  and  the  faid  Solicitor  General  is  hereby  further  au- 
thorized and  required,  on  behalf  of  this  Commonwealth,  to  de- 
fend agalnft  the  claim  of  faid  Martin  in  faid  fuit,  if  he  fliall 
i.hink  it  expedient,  and  not  otherwife  ;  and  to  fubftitute  any 
other  perfon  or  pcrlons  to  do  and  tranfact  the  faid  bufinefs  in 
his  ftead,  or  any  niatter  or  thing  there  to  be  appertaining,  at 
his  difcretion : — 

And  he  it  further  rcfohed.  That  his  Excellency  the  Governor, 
v/i.th  the  content  of  the  Honorable  Council,  be,  and  hereby  it 
iutkorized  and  requefted  to  iilue  his  warrant  on  the  Treafurer 
for  fuch  fum,  not  exceeding  one  hundred  dollars,  as  the  Soli- 
citor General  fliall  apply  for,  to  defray  the  neceffary  expenfes 
of  any  of  the  fervices  hereby  required,  for  which  fum  the  faid 
Solicitor  General  is  to  be  accountable. 

XV. 

Kcfolve^  allowing  Jofeph  Hofmer,  Efq.  20  dollars  for  the  apprehcnfion 
of  Nathan  Shcphcrdfon.     June  9,  1807. 

On  the  petition  of  Jofeph  Ilofmer,  praying  to  be  allowed 
twenty  dollars,  as-  a  reward  given  by  him  for  taking  up  Na- 
than Shepherdfon,  tor  leafons  fet  forth  in  faid  petition  : — 

E.€foh(;d,  That  there  be  allowed  and  paid  out  of  the  Treaf- 
urv  of  this  Commonwealth,  to  the  faid  Jofeph  Hofmer,  the 
aforefaid  fum  of  twenty  dollars,  and  that  his  Excellency  the 
Governor  be  requcfted  to  iflue  his  warrant  for  that  purpoie. 

XVL 

Refohe,  vn  the  petition  of  E4-ivard  Whipple  and  ctherj,  authorizing 
the  Governor  to  raifc  a  Company  of  Cavalry  in  Ipfjuich  mid  Hani' 
ilton.     June  9,  isbv- 

On  the  petition  of  Edward  Whipple  and  others,  praying  for 
leave  to  raife  a  Company  of  Cavalry  in  the  towns  of  Ipfwich 
and  Hamilton  : —  . 

Refolved^  That  his  Excellency  the  Governor,  with  the  advice 
of  Counci],  be,  and  he  hereby  is  authorized  to  raifq  bv  vplur.- 


RESOLVES,  June,  1807.  23 

tary  enliftment,  a  Company  of  Cavalry  in  the  towns  of  Ipfwich 
and  Hamilton,  to  be  annexed  to  the  fccond  Regiment,  lecond 
Brigade  and  fecond  Divifion  of  the  Militia  of  this  Common- 
wealth ; — provided,  that  the  Handing  companies  in  faid  towns 
fliall  not  thereby  be  reduced  below"  the  number  of  fixty-four, 
rank'  and  hie,  of  effective  men. 

XVII. 

Refohe  Q?i  the  petition  of  Samuel  Watts  and  others^  for  a  company  of 

Light  Infantry  in  Buxton  and  FhilUpJhurg. 

June  9,  1807. 

On  the  petition  of  Samuel  Watts  and  others,  prayinn-  that 
they  may  eftablifh  and  organize  a  company  of  Light  Infantry, 
to  be  raifed  in  the  towns  of  Buxton  and  Philipiburgh,  in  the 
Country  of  York,  in  the  third  Regiment,  firft  Brigade^  Hxth 
Divifion  of  the  MiHtia  of  this  Commonwealth  : 

Rcfolved^  That  his  Excellency  the  Governor,  witli  advice 
of  Council,  be,  and  he  is  hereby  authorifed  to  raifc  by  volunta- 
ry enHftment,  a  company  of  Light  Infantry,  in  the  'towns  o£ 
Buxton  and  Phillipfburgh,  in  the  County  of  York,  to  be  called 

The  Buxton  and    Phillipfburgh  Light  Infantry  Company ; 

provided  the  Handing  companies  in '  faid  towns  fhali  not  be  re- 
duced below  the  number  required  by  law,  and  when  io  raifed 
to  be  annexed  to  the  third  Regiment,  lirft  Brigade,  and  fixth 
Divifion  of  the  Militia  of  this  Commonwealth,  and  fliall  be  lub- 
je6t  to  all  the  rules  and  regulations  as  are,  or  may  be  provided 
by  law,  for  the  government  of  the  Militia  of  this  Common* 
wealth. 

XVIIL 

Refohe  on  the  petition  of  Robert  Anderfon  and  others,  for  a  compa- 
ny of  Cavalry,  in  Otisheld. 
June  9,  1807. 

On  the  petition  of  Robert  Anderfon,  William  Swett,  Thomas 
Wefton,  and  Ephraim  Kneeland,  officers  of  the  company  of  Cav- 
alry, in  the  town  of  Otislield,  praying  that  they  may  be  allow- 
ed  to  complete  the  eniiftment  of  faid  companv,  from  any  of  the 
towns  within  the  fifth  Regiment,  fecond  Brigade  and  fixtli  Di- 
vifion of  the  Militia  of  laid  Commonwealth  : 

Refolded,  That  the  officers  of  the  company  of  Cavalry,  in 
the  town  of  Otisfield,  be,  and  they  are  hei-eby  authorized  to 
complete  the  enliffmcnt  of  faid  companv,  and  from  time  to  time 


2*  RESOLVES,  June  1807. 

to  fill  up  the  fame  from  any  of  the  Handing  companies  afofe- 
faid  ;  provided,  fuch  enliftment  does  not  reduce  any  of  the 
Handing  companies  below  the  number  prefcribed  by  law* 

XIX. 

Refolve  071  the  petition  of  Phineas  Va mum  and  others,  for  a  company 
of  Artillery,  in  Portland,     June  9,  1807. 

On  the  petition  of  Phineas  Varnum  and  others,  praying  that 
they  may  eftabliili  and  organize  a  company  of  Artillery,  in  the 
town  of  Portland,  within  the  firft  Regiment,  fecond  Brigade 
and  lixth  Divifion  of  the  Militia  of  this  Commonwealth  : 

Refohed,  That  his  Excellency  the  Governor,  with  the  advice 
of  Council,  be,  and  he  is  hereby  authorized  to  raife  by  volunta- 
ry enliftment,  a  company  of  Artillery,  in  the  town  of  Portland, 
in  the  County  of  Cumberland,  provided  the  ftanding  compa- 
nies in  the  faid  town,  fhall  not  be  reduced  below  the  number 
required  by  law,  and  faid  company  fhall  be  fubjecl  to  all  fuch 
regulations  and  reftrictions  as  are,  or  may  be  provided  by  law 
for  the  government  of  the  Militia  of  this  Commonwealth. 

XX. 

Refolve  for  raifing  an  Artillery  Company  in  Brwifwich, 
June  13,^807. 

On  the  petition  of  Samuel  Page  and  others,  praying  for  leave 
to  raife  a  company  of  Artillery  in  the  town  of  Brunfwick,  in 
the  county  of  Cumberland  : 

Rcfohved,  For  reafon  fet  forth  in  faid  petition,  that  his  Ex- 
cellency the  Governor,  by  and  with  the  advice  of  Council,  be 
authorized  to  raife  by  voluntary  enliftment  a  company  of  Ar- 
tillery in  the  fixth  Regiment,  fecond  Brigade,  and  fixth  XSvA- 
iion  of  Militia  of  this  Commonwealth — and  to  be  eftabliftied  in 
the  town  of  Brunfwick — Provided,  the  ftanding  companies  in 
laid  Regiment,  are  not  reduced  below  the  number  required  by 
law.  Said  company  to  be  fubjecl  to  all  fuch  rules,  regulations, 
and  reftri<5lions,  as  are  or  may  be  provided  by  law  for  govern- 
ing the  Militia  of  this  Commonwealth. 


RESOLVES,  June  180f.  1&5 

XXI. 

Refohe  on  the  petition  of  Jonah  Wejlover  and  others,  authorizing 
Simon  Learned  and  others  to  examine  into  the  title  and  claims  of 
the  petitioners,  to  lands  claimed  by  this  Commonwealth,  in  the 
County  of  Berkjljire.     June  13,  1807. 

The  Committee  of  botJi  lioufes  to  whom  vras  referred  thes 
petition  of  Jonah  Weftover  and  others,  to  confider  and  report, 
and  who  were  ordered  to  take  into  their  confideration  all  peti- 
tions and  papers  on  the  files  of  either  houfe,  relating  to  lands  ia 
poiicflion  of  the  petitioners,  report  the  foIio\ving  Refolve,  which, 
is  fubmitted.  GEORGE  BLISS,  per  order. 

Whereas  the  General  Court  of  this  Commonwealth,  on  the 
twenty-firft  day  of  February,  in  the  year  of  our  Lord,  one  thou- 
fand  eight  hundred  and  feven,  pafTed  a  refolve,  anthorizing  Si- 
mon Learned  and  Mofes  Hopkins,  Efq'rs,  to  rake  poilellion  and 
make  fale  of  the  unappropriated  lands  belonging  to  the  Com- 
monwealth within  the  County  of  BerkDure — and  to  pay  to  the: 
heirs  of  John  Burghardt,  late  of  Great  Barrington,  in  laid  Coun- 
ty, deceafed,  the  proceeds  of  the  flile  of  {^\Qn  hundred  acres  o£ 
an  average  value  in  full  latisf action  of  a  grant  to  John  Burgh- 
ardt, made  February  I'ith,  1774;  and  whereas  after  the  laid 
Simon  Learned  and  Mofes  Hopkins,  had  made  fome  progreis 
in  performing  the  duties  afligned  them  by  faid  refolve,  Jonak 
Weftover  and  others,  claiming  land  under  a  faie  from  an  Indiaix 
woman,  named  Nicohamos  ;  and  Abi'icr  Kellogg  and  others^ 
claiming  lands  called  the  Gore,  at  the  feilion  of  the  Legiilature 
in  May,  1 805,  petitioned  to  be  quieted  in  the  poireffion  of  the 
lands  refpeclively  poil'efled  by  them,  and  claimed  as  the  proper- 
ty of  faid  Commonwealth,  and  John  Burgliardt,  the  Sd,  in  be- 
half of  the  heirs  of  faid  John  Burghardt,  deceafed,  has  petition- 
ed the  General  Court,  that  compenlation  may  be  m^ade  for  faid 
grant  to  his  anceftor  : 

Refolved,  That  Simon  Learned,  Mofes  Llopkins  and  Azariali 
Egglefton,  Efq'rs,  or  any  two  of  them,  be  and  they  are  hereby 
authorized  and  empowered,  at  the  expenix?  of  the  faid  Jonali 
Weftover  and  others,  poflellbrs  of  faid  lands  claimed  by  the 
Commonwealth,  ta  examine  into  the  title  and  claims  of  the  faid 
jletitioners,  and  all  other  perfons  poflefhng  lands  in  faid  County 
of  Berkfliire,  which  has  been,  or  nov/  is  claimed  by  the  faid 
Commonwealth,  and  to  fettle  with  tlie  faid  pofieffors  of  fiich' 
kinds  upon  fuch  terms  and  conditions,  and  for  fuch  confidera- 
tions  as  they  or  any  two  of  them  {hall  determine  to  be  juit  and 


26  RESOLVES,  June  1807. 

equitable,  and  thereupon  to  quiet  fuch  pofleffors  in  their  pof- 
felhons,  and  to  execute  fuflicient  deeds  releafing  the  right  of 
the  Commonwealth  to  faid  lands. 

ylnd  it  is  further  rcfohedj'  yhit  \\\qyq  be,  and  there  hereby  is 
granted  to  the  heirs  of  the  faid  Jolm  Burghardt,  deceafed,  the 
fum  of  feven  hundred  and  fifty  dollars,  to  be  paid  them  in  fuch 
proportions  as  they  are  by  law  entitled  to  receive  the  fame,  in 
full  fatisfaction  of  faid  grants,  made  in  the  year  1774  and  1804  ; 
to  be  paid  out  of  the  proceeds  Ox  the  fale  of  the  lands  herein 
mentioned,  or  from  the  proceeds  of  the  fale  of  any  other  lands' 
in  faid  County  of  Berkfhire,  in  the  hands  of  faid  Simon,  Mofes, 
and  Azariahi  or  cither  of  them,  in  cafe  fo  much  fhall  be  in  their 
hands,  and  the  faid  Commiflioners  are  hereby  directed  to  pay 
the  fame  fum  accordingly  ; — provided  however,  and  this  grant 
to  faid  heirs  of  faid- Burghardt,  is  upon  condition  that  the  faid 
heirs  Ihall  receive  the  fame  in  full  fitisfiiclion  of  faid- grant  made 
February  21,  1804,  and  of  all  claims  and  demands  which  they 
may  have  on  this  Commonwealth,  and  fliall  difcharge  the  fame 
accordingly. 

And  the  faid  Simon,  Mofes,  and  Azariah,  fliall,  as  foon  as 
may  be,  make  return  for  their  doings  to  the  General  Court 
for  the  time  being,  and  fliall  render  an  account  of  the  fums 
by  them  received  and  paid  as  aforefaid. 

XXII. 

Rcfohc  to  difcharge  the  Hon.  Jonathan  L.  Auflin,  Efq.  Secretary  of 
the  Commonwealth^  from  120  dollars  advanced  to  him  to  pay  ex- 
tra Clerks.     June  16,.  1807. 

The  Committee  on  the  petition  of  Jonathan  L.  Auftin,  Efq. 
Secretary  of  the  Commonwealth,  having  examined  his  accounts 
for  the  expenditure  of  one  hundred  and  twenty  dollars,  paid 
him  out  of  tlie  Treafury,  by  a  refolve  of  the  28th  of  February 
laft,  fmd  them  right  cali  and  well  vouched. 

Rcfjl-vcd,  That  Jonathan  L.  Auftin,  Efq.  Secretary  of  the 
Commonwealth,  be  difcharged  of  the  fum  of  one  hundred  and 
twenty  dollars,  granted  him  by  a  refolve  of  the  28th  February 
laft,  for  the  pay  of  extra  Clerks,  in  the  Secretary*s  office,  he 
having  accounted  for  the  fame. 


.RESOLVES,  June  1 807,  -^n 

XXIIL 

Refolve  confirming  the  doings  of  the  inhabitants  of  Kir  am  Plantation;^ 
in  raifing  and  levying  taxes.     June  16,  1807- 

On  the  petition  Cf  the  inhabitants  of  the  plantation  of  Hiram, 
in  the  County  of  Oxford,  -fetting  forth,  that  by  reafon  of  the 
operation  of  the  feveral  tax  ads,  previous  to  the  year  1806, 
relative  to  the  apportionment  of  taxes  upon  the  polls  and  eftates 
of  the  inhabitants  of  faid  plantation,  doubts  have  arifen  as  to 
the  legaHty  of  the  proceeding  of  the  faid  plantation  in  raifing, 
levying  and  collecting  the  taxes  in  that  plantation,  before  the 
time  aforefaid  ;  and  praying  for  relief  in  the  premifes. 
'  Refolved,  For  reafons  fet  forth  in  faid  petition,  that  the  doings 
of  the  faid  inhabitants  in  raifmg  and  levying  the  taxes  aforefaid, 
be^  and  the  fame  are  hereby  confirmed  and  rendered  valid,  and 
that  any  colledor  or  collectors,  who  have  been,  or  may  hereafter 
be  appointed  in  faid  plantation  or  town  of  Hiram,  for  the  pur- 
pofe  of  collecting  the  taxes  aforeiaid,  is  hereby  authorized  and 
empowered  to  collecl  the  faid  taxes  in  the  fame  way  and  man- 
ner as  other  town  taxes  are  collected  ;  and  any  warrant  made 
and  figned  by  faid  afleflbrs,  authorizing  and  empowering  faid 
colle6tor  or  collectors_,  to  collect  faid  taxes,  fhail  be  good  and 
valid  to  all  intents  and  purpofes  ;  the  deficiency  in  the  qualifica- 
tion of  the  voters  in  faid  town,  and  any  law  to  the  contrary 
Tiotwithftanding. 

XXiV. 

Refolve  authorizing  two  or  more  of  thr  Jitjlices  pf  the  Supreme  Judi- 
•'    cial  Court,  to  hold  a  Court  at  the  next  term  at  Cajiine,  in  the 
County  vf  Hancock.     June  16,  1807. 

R.efolved,  That  the  next  term  of  the  Supreme  Judicial  Court, 
to  be  holden  atCaftine,  in  the  Coimty  of  Hancock,  for  the  Coun- 
ties of  Hancock  and  Waihington,  may  beholden  by  any  two 
or  more  Juftices  of  the  fame  Court,  any  law  to  the  contrary 
not'Cvithitanding. 

XXV. 

Refolve dif charging  David  and  Sa?nuel  Partridge,  from  certain  Judg- 

jnents,  they  paying  cofls.     June  16,  1807. 

On  the  petition  of  David  Partridge  and  Samuel  Partridge, 

|)Oth  Oi  a  plantation  unincorporated,  called  Thomfon  Pond,  in 

the  Coimty  of  Cumberland,  praying  to  be  exonerated  from  two 


£S  RESOLVES,  June  1807. 

judgments  in  favor  of  the  Commonwealth,  recovered  at  the  lad 
term  of  the  Supreme  Judicial  Court,  holden  at  Portland,  in  and 
for  the  faid  County  of  Cumberland,  on  the  fourth  Tuefday  of 
May,  1807,  the  one  again  ft  faid  David  Partridge,  for  tlie  fum 
of  iifty  dollars,  debt  apd  coft  of  court  taxed  at  nineteen  dollars 
and  two  cents,  the  other  againft  the  faid  Samuel  Partridge,  for 
the  fum  of  fifty  dollars,  debt  and  coft  of  court,  taxed  at  nine- 
teen dollars  and  twenty-four  cents  : 

Rcfolvcd,  For  reafons  in  faid  petition  fot  forth,  that  the  faid 
petitioners  be,  and  are  hereby  feverally  difcharged  from  the 
judgments  aforefaid  ;  provided,  that  within  fix  months  after 
the  palling  of  this  refolve,  they  rcfpeclively  pay,  or  caufe  to  be 
paid  to  the  Solicitor  General,  for  the  time  being,  the  amount 
of  the  bills  of  coft  recovered  feverally  againft  them  as  aforefaid. 

XXVI. 

fiefolve  on  the  petition  of  Simon  Richer,  cf  Shapleigh,  authorizing 
Agents  on  Eajiern  Lands  to  fell  a  certain  gore  of  land  in  ^and" 
ford.     June  IG,  ISO?. 

On  tlie  petition  of  Simon  Ricker,  praying  for  liberty  to  pur- 
chafcj  a  fmaii  gore  of  land  in  the  town  of  Sandford,  q^djoining 
Jiis  grift  mill,  on  a  ftream,  called  Moufom  River,  and  is  defcrib- 
od  on  a  plan  of  faid  land  made  by  Nathaniel  Perkips,  contain- 
ing: ei2:htcen  acres  and  thirty  rods  : 

7^^/xyy/,  That  the  agents  tor  the  fale  of  Eaftern  Lands,  be, ' 
and  they  are  hereby  authorized,  and  empowered  to  fell  and  con- 
vey unto  the  faid  Simon  Ricker,  or  any  other  perfon  or  perfon>, 
the  aforefaid  defcribed  gore,  within  the  limits  of  the  town  of 
Sandford,  within  this  Commonwealth,  for  fuch  fums,'and  on 
fucli  conditions  as  faid  agents  ihall  deem  juft  and  reafonable. 

■      XXVII. 

Rcfohc  rcqiicjling  the  Cover rior  to  folkit  the  Prefident  of  the  United 
Stales,  to  pKopofc  and  adopt  meafures  loitb  the  go'vernment  of  Great- 
Britain,  for  the  fiilement  of  a  boundary  line,  betivcen  lands  of  the 
United  Strifes,  in  Maffachufctts  and.  thofe  belonging  to  Greats 
Britain.     June  1(3,  IbOT. 

"Whereas,  thiere  is  reafon  to  apprehend  that  great  ineonveni- 
f^ncies  and  much  expcnfe  to  the  citizens  of  this  Common- 
^vealth,  do,  and  will  probably  cnfue  from  a  delay  to  adjuft  an^ 
determine  the  boundary  line  between  the  lands  belonging  to  the 
United  States  of  America,  -,vh;ch  lie  v.ithin  the  State  of  Mafei* 


IIESOLVES,  June  1807.  29 

ciiufetts  and  thofe  belonging  to  the  United  Kingdom  of  Grcalt 
Britain  and  Ireland  :    •  ^  *    ' 

Be  it  therefore  Rcfolved,  That  His  Excellency  the  Governor, 
be,  and  he  hereby  is  deftred  to  requeft  the  Prelident  of  the 
United  States  to  propofe  to,  -and  adopt  fuch  meafures  with  the 
government  of  the  United  Kingdom  of  Great  Britain  and  Ire- 
land, as  he  may  deem  proper,  to  produce  a  fettlement  and  de* 
termination  of  the  boundary  line  aforefaid,  between  the  lands 
aforefaid, 

XXVIIL 

Refolve,  granting  Simon  Crojby  1 30  dollars.     June  1 6,  1 807. 

On  the  petition  of  Simon  Crofby, 

/^(?/6//-j^fi^.  That  one  Irandred  and  thirty  dollars,  be  allowed, 
and  paid  out  of  the  public  Treafury,  to  Simon  Crofby,  late  a 
private  foldier,  in  the  fecond  regiment  of  Light  Dragoons,  com- 
manded by  colonel  Sheldon,  in  the  late  Continental  Army,  con- 
formable to  a  refolve  pafied  the  eleventh  day  of  November, 
A.  D.  Seventeen  hundred  and  Eighty-four  : — And  his  Excellen- 
cy the  Governor,  with  the  advice  and  confent  of  Council,  is  here- 
by requefted  to  ifTue  his  warrant  accordingly. 

-      '    ■•  "  ■  XXIZ. 

Refohe,  granting  Jujiices  of  the  Peace  liberty  to  grant  a  licenfe  to 
Smith  Copeland.  ■  June  1 7,  1 807. 

On  the  petition  of  Smith  Copeland,  ihewing  that  he  has  been 
at  great  expenfe  in.  hiring  and  furnifliing  a  dweliing-houfe^  in 
the  town  of  Northampton,  in  the  County  of  Hampflii re,  hereto- 
fore ufed  as  a  Tavern,  and  licenfed  as  fuch  at  the  laft  Septem- 
ber term,  of  the  Court  of  General  Seflions  of  the  Peace,  with- 
in and  for  faid  Gopinty,  and  that  he  came  into  poffeflion  thereof 
fmce  faid  licenfe  was  granted,  with  a  view  to  keep  a  Tavern 
therein— ^but  that  the  Selectmen  of  faid  town  have  neglected 
and  refufed  to  approbate  him  for  that  purpofe  : 

Refohed^  For  reafons  fet  forth  in  faid  petition,  that  any  two 
Juftices  of  the  Peace  Vv'i thin  and  for  faid  county,  be,  and  they 
are  hereby  authorized  and  empowered  to  grant  the  laid  Smith 
licenfe  to  keep  a  Tavern,  in  the  faid  houfe  wherein  he  refides, 
the  remainder  of  the  year,  without  any  approbation  figned  by 
the  Seleftmen  ;  which  licenfe,  when  fo  granted  and  certified  by 
faid  Juftices  to  the  Clerk  of  the  Court^  of  General  Seflions  of 
the  Peace  within  and  for  faid  County,  Ihall  have  the  fame  force. 


^O  RESOLVES,  June  1807. 

effecl,  operation  and  continuance,  as  if  the  faid  Court  of  General 
SelTions  of  the  Peace,  at  faid  term,  had  by  law  granted  faid  Smith 
Copeland  fuch  licenfc. 

XXX. 

J^efolvey  empowering  John  L.  Sullivan   to  difpofc  of  certain   real 
ejiate.     June  17,  1807. 

On  the  petition  of  John  L.  Sullivan,  praying  to  be  empower- 
ed to  difpofe  of  certain  real  cilate  : 

Rcfohcd^  For  the  rcafons  fet  forth  in  the  petition  of  John  L. 
Sullivan,  that  he  be,  and  he  hereby  is,  authorized  and  empower- 
ed, to  fell  and  convey  real  eflate,  whereof  he  is  fcized  and  poifefT- 
ed  in  right  of  Elizabeth,  his  wife,  and  by  deed  or  deeds  duly  and 
legally  executed,  to  convey  any  ellate  whereof' he  is  feized  ^n  his 
own  right,  and  to  bar  any  claim  of  dower  fhe  rnight  have  there- 
in ;  and  that  all  deeds  by  him  duly  executed,  Ihall  be  fufficient 
to  convey  any  real  eftate  whereof  he  is  feized,  either  in  his  own, 
or  in  her  rio^ht  to  all  intents  and  purpofes,  as  if  Ihe  were  in  pof- 
fcillon  of  her  reafon,  and  had  joined  with  him  in  the  execution 
of  fijch  deeds  and  conveyances. 

XXXI. 

Rcfolvey  on  petition  of  Thomas  Davis,  empozvering  Jonathan  Marfh^ 
If q.  to  fulfill  certain  contrails,     June  17,  l:r07. 

On  the  petition  of  Thomas  Davis,  praying  that  Jonathan 
Mardi,  Efq.  one  of.  the  executors  of  the  laft  will  and  teftamcnt 
of  Cutting  Moody,  late  of  Newburyport,  deceafed  teftate,  may 
be  authorized  and  empowered  to  complete  and  fulfill  certain 
contracts  made  in  MTiting-  between  faid  CuttinGC  IVIoodv,  and 
faid  Thomas  Davis  and  AV illiam  Davis,  for  the  fale  ot  a  certain 
tracl  of  land  laying  in  the  town  of  Buxton,  in  the  County  of 
York,  by  faid  Moody,  to  faid  Thomas  Davis  and  William  Davis : 

Rtfolvcd,  That  the  faid  Jonathan  Marfh,  Executor  as  afore- 
faid,  be,  and  he  hereby  is  authorized  and  empowered  to  fulfill 
and  carry  into  full  execution  the  contrajfts  aforefaid,  upon  the 
performance  of  the  conditions  contained  in  faid  contract  by  faid 
Thomas  and  WilHam,  and  on  their  part  to  be  performed,  to  ex- 
ecute luch  deeds  of  faid  land  as  faid  Moody  contracted  to  exe- 
cute to  faid  Thomas  and  William,  and  as  he  would  have  been 
obliged  to  execute  had  he  been  in  full  life,  and  fiid  deeds  fo  ex- 
ecuted, fhall  be  equally  valid,  as  though  made  by  laid  Cutting 
Mojdy. 


RESOLVES,  Jun(5  180?'.  SI 

XXXII. 
Refolve,for  County  Taxes.     June  1 8,  1 807. 

Whereas  the  Treafurers  of  the  following  Counties,  have  laid 
their  accounts  before  the  Legiflature  for  examination,  which 
accounts  have  been  examined  and  allowed  ;  and  whereas  the 
Clerks  of  the  Courts  of  General  Seflions  of  the  Peace,  for  the 
faid  Counties,  have  exhibited  eflimates,  made  by  the  faid  Courts, 
of  the  necelTary  charges  likely  to  arife  within  the  faid  feveral 
Counties  for  the  year  enfuing  ;  and  of  the  fums  neceflary  ta 
difcharge  the  debts  of  the  faid  Counties  i- — 

Refolvcd,  That  the  fums  annexed  to  the  following  counties, 
be,  and  the  fame  are  liereby  granted  as  a  tax,  for  each  county 
refpedtively,  to  be  apportioned,  ail'efled,  paid,  collected  and  ap- 
plied, for  the  purpofes  aforefaid,  according  to  law  :-— 

Dollars. 

Middlefex,  feven  thoufmd  feveri  hundred  dollars,  7,701) 

Plymouth,  three  thoufand  three  hundred  and  44  dols.    3,344 

xxxni. 

Refohe,  efiahlijhing  the  falaries  of  the  Liczit.  Governor,  Secretary^ 
and  Treafurer.     June  18,  1807. 

Refohed,  That  for  one  year  from  the  lafl  day  of  May  laft,  the 
fum  of  hve  hundred  and  thirty-three  dollars  and  thirty-three 
cents,  ihail  be  the  pay  of  his  Honor  the  Lieut.  Governor  ;  to 
be  paid  out  of  the  Treafury  of  this  Commonvv^ealth,  in  quar- 
terly payments,  as  the  fame  ihall  become  due.  That  there  be 
allowed  and  paid  to  Jonathan  L.  Auflin,  Efq.  Secretary,  {Qvcn 
hundred  and  feventy  two  dollars  and  twenty-four  cents,  which 
with  feven  hundred  twenty  feven  dollars  and  feventy-iix  cents, 
he  has  received  in  fees  before  the  thirty  firil  day  of  May  laft, 
fhall  be  in  full  for  his  fervices  as  Secretary  of  this  Common- 
wealth, for  one  year  from  the  firft  day  of  June  current,  being 
at  the  rate  of  Fifteen  hundred  dollars  by  the  year,  to  be  paid 
in  quarterly  payments,  as  the  fame  Ihall  become  due  j  he  to  be 
accountable  for  fees  received  in  his  office  in  future. 

That  from  the  firft  day  of  June  inftant,  there  be  allowed  and 
paid  out  of  the  public  Treafury,  the  fum  of  two  thoufand  dol- 
lars to  the  Treafurer  and  receiver  General  of  this  Common- 
wealth, for  his  pay  in  that  cilice,  for  one  year  j  to  be  pcid  :.\ 
quarterly  payments. 


32  RESOLVES,  June  1807. 

XXXIV. 

Refohue^for  paying  Thomas  and  Andrews,  and  Manning  and  Lor^ 

ing,  far  printing  and  binding  1 200  fetts  of  the  Laws, 

June  18,  1807. 

,  Refolved,  That  the  Governor,  with  advice  and  confent  of  the 
Council,  be,  and  are  hereby  authorized  and  requefted  to  draw 
a  warrant  on  the  Treafurer,  to  pay  to  Manning  and  Loring  the 
fum  that  will  be  due  to  them  for  twelve  hundred  copies  of  a 
third  volume  of  Laws,  according  to  a  contract  between  them 
and  a  committee  of  the  Commonwealth,  under  a  refolve  paffed 
in  June  laft.  Alfo,  a  warrant  to  pay  to  Thomas  and  Andrews 
the  fum  of  five  thoufand  and  one  hundred  dollars,  that  may  be 
due  to  them  for  twelve  hundred  fects  of  two  volumes  of  Laws, 
according  to  their  contra(5t:  with  a  committee  of  the  Common-^ 
xvealthj  under  a  refolve  paffed  in  January  laft  ;  upon  their  re- 
fpectively  producing  to  the  Governor  and  Council  certificates 
imder  the  hand  of  the  Secretary,  that  they  have  delivered  the 
books  according  to  their  refpeclive  contracis — and  that  the 
contracts  aforefaid,  for  the  purpofe  aforefaid,  be  lodged  in  the 
hands  of  the  Secretary. 

XXXV. 

Refolve  on  the  petition  of  Ethel  Durch^ofWefl-Stockbridgc,  authoriz- 
ing two  Jujiices  tolicenfe  him  to  fill  Liquors.     June  19,  180?. 

On  the  petition  of  Ethel  Burch  of  Weft-Stockbridge,  in  the 
County  of  Berkfliire,  praying,  for  reafons  fet  forth  in  his  peti- 
tion, that  two  Juftices  of  the  Peace  may  be  authorized  to  licenfe 
liim  to  fell  foreign  diftilled  fpirituous  Liquors,  in  the  faid 
town  : 

Refohed,  That  any  two  Juftices  of  the  Peace,  within  and  for 
the  faid  County  of  Berkfhire,  be,  and  they  hereby  are,  author- 
ized and  empowered  to  licenfe  th-e  faid  Ethel  to  fell  foreign  dif- 
tilled fpirituous  Liquors,  within  the  faid  town  of  Weft-Stock- 
bridge, agreeably  to  the  prayer  of  his  pcrltion,  he  complying 
with  the  rules  and  requifitioii  of  the  law  in  fuch  cafe  made  and 
provided  j  any  law  to  the  contrary  notwithftanding. 

XXXVL 

Refclvey  on  the  petition  of  John  Perk,  granting  further  time  to  fettle 
families  en  certain  land.     June  19,  1307. 

On  petition  of  John  Peck,  of  Newton,  in  the  County  of 
Middlefex  ; 


HESOLVtS,  lunc  1807.  83 

k:fohed.  For  rcafons  fct  forth  in  faid  petition,  that  a  fiirthcf 
time  of  fix  years  from  the  firft  of  March  laft,  ht  allowed  to  faid 
Peck,  his  heirs  and  afligns^  to  fettle  twenty-five  families  upon, 
faid  Townfhip,  numbered  Seven,  in  the  county  aforeiaid  : 

And  that  if  faid  Peck,  his  heirs  and  afligns,  (hall,  within  faid 
time,  fettle  the  faid  number  of  families,  incltiding  what  may 
be  already  there,  on  faid  Townlhip,  that  then  the  eftate,  right, 
and  title  of  faid  Peck,  his  heirs,  and  affigns,  Ihall  be  valid,  full 
and  effectual,  to  all  intents  and  purpofes,  as  if  the  conditions  of 
fettlement,  exprelTod  in  the  original  deeds,  given  of  faid  town- 
iliip  by  the  comzmittee,  appointed  by  the  General  Court,  to  fell 
and  convey  the  unappropriated  lands  in  the  Uiilrift  of  Maine, 
had  been  fully  and  feafbnably  complied  with  :  Provided,  never- 
thelefs,  that  the  faid  Peck,  'fliall,  on  or  before  the  firfl  day  of 
December  next,  give  Bond  to  this  Commonwealth,  in  the  fum 
of  Fifteen  hundred  Dollars,  with  fufficicnt  furety  or  fureties,  to 
the  fatisfaclion  of  the  agents  for  the  fale  of  Kaftern  Lands,  con- 
ditioned, that  the  faid  number  of  twenty-five  families  fhall,  with- 
in the  faid"term  of  fix  years,  be  fettled  on  faid  Townfliip,  or  for 
the  payment  of  Thirty  Dollars  for  each  family  which  Ihall  thea 
be  deficient, 

XXXVII, 

Rcfolvc  on  the  petition  of  Harvey  Uticy  and  ethers^  duthoriziii^  the 
raifing  a  Company  of  Light  Infantry^  in  Paljuer,  Ware  and  Mon- 
fon.  June  19,   1807. 

Refohed,  For  reafons  fet  fortli  in  faid  petition,  that  his  Ex- 
cellency the  Governor  and  Commander  in  Chief,  be  authoriz- 
ed to  raife  by  voluntary  enliilment,  a  company  of  Light  Infant- 
ry, in  the  towns  of  Palmer,  Ware  and  Monfon,  and  when  fo 
raifed  to  be  annexed  to  the  fifth  Regiment,  firft  Brigade  and 
fourth  Divifion  of  the  MilitiS  of  this  Commonwealth  ;  provid- 
ed, the  flanding  companies  in  faid  tov/ns  are  not  reduced  below 
the  number  required  by  law  ; — faid  company  to  be  liibjcd  to 
all  fuch  rules,  regulations  a^d  reftriclions  as  are  or  may  be  pro- 
■vided  by  law  for  governing  the  Militia  of  this  Commonwealth* 

xxxvm. 

Refolve,  appointing  a  Coimnitlee  to  examine  the  different  nvays  front 
the  Bridge  of  Angufia  to  Bangor ,  and  af certain  the  hejl  route  for 
a  road.     June  19,  1807. 

On  the  petition  of  James  Stevens  and  others,  praying  that  a 
Comrmittee  mav  be  appointed  to  examine  the  ditferent  v/ays  in 
E 


'Ji'  RITSOLVES,  June  1 80X 

wlilcli  a  road  may  be  made  from  the  Bridge  at  Augtifla,  oil  tii<? 
Kennel)eck  River,  to  the  town  of  Bangor,  near  the  head  of  the 
tide,  on  the  Penobfcot  River,  and  to  alcertain  the  beft  rout  for 
the  fame : 

Rcfolvcd^  That  the  Hon.  Jonathan  Maynard,  Efq.  Mofes  Hodg- 
don,  Eiq.  and  Mr.  John  V/hiting,  jun.  be  a  Committee,  at  the 
expenfe  of  the  petitioners,  to  explore,  and  lay  out  a  Road  four 
rods  wide,  in  tlie  moll  direct  route  the  nature  of  the  around 
and  the  accommodation  of  the  public  will  admit,  from  the  Bridge 
at  Augufta,"on  the  Kenncbeck  River,  to  tire  town  of  Bano-or^ 
near  the  head  of  the  tide  on  the  Penobfcot-River,  and  to  form 
an  eftimatc  of  the  expenfe  of  cutting,  clearing  and  making  faid 
road,  incHrding  the  necclfary  bridges  and  caufewivs,  and  pre- 
fent  the  faid  eilimate  at  the  next  fellion  of  the  General  Court, 
vvith  a  plan  of  rhe  fame  ;  and  the  faid  Committee  Ihall  give  pub- 
lic notice,  of  the  time  and  place  of  their  meeting,  for  the  pur- 
pofe  aforefaid,  by  publilhlng  the  fame  in  tlie  Kenncbeck  Gazette, 
and  Eaftern  Argus,  three  weeks  fucceffively,  the  laft  publication 
to  be  ten  days,  at  ieafi:,  before  the  time  of  their  meeting,     . 

XXXIX. 

Refolve  on  the  peiificn  cf  Jvbn  Watfon  and' others,  Jiayitig  Execiiticn, 

June  19,   1807. 

Upon  the  petition  of  John  "vVatfon,  Jlenry  Prentifs,  and  Bar- 
tholomew Cheever,  praying  that  Execution  upon  a  certain' 
judgment  may  be  llayed^  which  judgment  was.  rendered  againft 
them  and  Mofes  G ill,  Efq.  at  tJie  laR  term  of  the  Supreme  Ju- 
dicial Court,  holden  at  AVorcefter,  within  and  for  the  County 
of  Worceller,  in  favor  of  Nathaniel  Paine,  Efq.  Judge  of  Pro- 
bate, &c.  for  faid  County  of  Worcefter,  and  execution  in  favor 
of  Tl^^mifon  J.  Skinner,  Efq.  Treafurer  of  faid  Commonwealth, 
waj  ordered  to  illue  for  a  debt  dite  to  faid  Commonwealth  from 
the  .eftate  of  his  late  honor  Mofes  Gill,  deccafed  :      .  , 

Refofvcd,  For  reafons  fet  forth  in  faid  petition,  tliat  the  Clerk" 
cf  the  Supreme  Judicial  Court,  foi*^  tlw?  County  of  Worcefter, 
be,  and   ab  is  hereby  directed  to  Hay  the  ilTuing- execution,  in 
tavorof  faid  Trcafurcr;  upon  the  judgment  aforefaid,  for  the 
RiU  term  of  eighteen  months,  from  the  palTmg  of  this  Refolu- 
tion  ;  provided,  that  a  flay  of  execution  in  m.anncr  aforefaid, 
fhall  in  no  wife  be  conftrued  to  hinder  the  ilTuing  execution  up- 
on the  fame  judgment  after  the  expiration  of  faid  term,  not-' 
withiianding  more  than  one  year  may  then  have   elapfed  after-' 
the  rendering  the  judgment  aforeHiid  j  :md  provided  alio,  that 


.  RESOLVES,  June  1 807.  .  SS 

the  fakl  Watfon,  Prcntlfs  and  Cheever,  fhall  firft  give  bond  to 
faid  Tfeafurer,  with  fufficicnt  furety  or  I'ureties,  for  the  ufe  of 
faid  Commonwealth,  with  condition  to  pay  to  the  Common- 
wealth, at  the  expiration  of  faid  eighteen  months,  the  am.ount 
^f  faid  Judgment  and  intere-lt  thereon  until  paid. 

XL. 

Refolve  on  tlje  petition  of  William  Paul  and  others,  authorizing  the 
fale  of  land  belonging  to  the  Society ,  in  the  towns  of  Dighton,  Re^ 
hoboth  and  Sivanzey.     June  19,  1807. 

On  the  petition  of  William  Paul  and  others,  inhabitants  of  the 

;feveral  towns  of  Dighton,  Rehoboth  and  Swanzey,  in  the  Coun- 

'.ty  of  Briftol,  praying  for  liberty  to  fell  the  old  Mecting-Houfe 

and  land,  round  about  and  adjoining  the  fame,  in  Dighton 

afdrefaid  : 

Refol-ved,  For  reafons  flated  in  faid  petition,  that  the  deacons, 
together  wit:h  the  committee  of  the  Baptift  fociety,  in  the  towns 
of  Dighton,  Rehoboth  and  Swanfey,  be,  and  they  are  hereby  em- 
powered, to  fell  and  convey  the  land  i^elonging  to  the  faid  fo- 
<:iety,  in  the  faid  tow:n  of  Dighton,  in  the  county  of  Briftol, 
containj^ng  about  one  quarter  of  an  acre,  more  or  lefs,  together 
with  the  old  Meeting-Houfe,  ftanding  on  faid  land,  the  proper- 
ty of  the  faid  Eaptiil  Society,  and  to  give  and  execute  good 
and  fufficient  Deeds  of  the  fame,  and  the  proceeds  of  ihe  fai4 
fale,  lliall  be  depofited  in  the  Trcafury  of  the  faid  Society,  {ub» 
^ecl  to  their  order  and  difpofal.  ' 

XLL 

Refohe  on  the  petition  of  Benjamin  Hic^^born  and  others. 
June  19,  1807. 

The  Committee  of  both  houfes  to  whom  was  committed  the 
j)etition  of  Benjamin  Hichborn  and  others,  praying  that  the 
Legiiiature  of  this  State,  would  requeft  the  Executive  to  make 
reprefentations  to  the  government  of  the  Union,  in  favor  of 
compounding  their  claims  to  certain  lands  Vv^hich  they  claim 
under  an  act  of  the  Legiflature  of  the  ftate  of  Georgia,  paffed 
January  7,  1795,  and  which  has  fmce  been  ceded  by  the  fame 
ftate  to  the  United  States,  liave  attended  fervice — and  alk  leave 
to  report  by  propofmg  the  following  refohe,  viz. 

On  the  petition  of  Benjamin  Hichborn  and  others,  praying 
the  Legiflature  of  this  Commonwealth  to  interpofe  its  kind  and 


56  RESOLVES,  June,  1807. 

friendly  aid,  by  empowering  the  Executive  of  this  Common- 
wealth to  folicit  the  government  of  the  United  States  to  afford 
them  relief: 

Refolved,  That  his  Excellency  the  Governor,  be,  and  he  here- 
by is  empowered  and  requefted  to  make  fuch  reprei'entations 
to  the  governrn'-mt  of  the  United  States,  as  he  may  think  expe-r 
dicnt,  and  the  nature  of  the  petitioner's  cafe  may  require,  in  fa- 
Yor  of  an  amicable  adjullment  of  their  claims. 

XLII. 

Grant  to  the  Mejfengcr,  Mr.  Jacob  Kuhn.      June  19,  1807. 

Rcfolvedj  That  there  be  allov/cd  and  paid  out  of  the  public  trca- 
fur),  to  Jacob  Kuhn,  three  hundred  and  fifty  dollars,  for  th^ 
preicnt  year,  commencing  the  thirteenth  d;iy  of  May  lall,  to  be 
ip  addlrion  to  the  fum  of  four  hundred  dollars,  allowed  him  by 
i;  refolve  of  March  the  twenty  fixth,  179.'5,  cilablilliing  the  pay 
of  the  Meffenjirer  of  the  General  Court.  , 

:x:liii. 

Refolve  direSin^  the  Secretary  to  caufe  to  be  printed  600  corrcd. 
copies   of  the  Confiitutions  of  Ma[fackufctts  a7id  United  States,  Iffc, 

June  iy,'lJ^.07.> 

Whereas,  on  examining  the  Conftitution,  printed  in  a  fmall 
book,  for  the  ufe  of  the.General  Court,  feyeral  errors  are  found 
therein  ;  and  it  being  neceifary  ther^  fhould  be  cprrect  copies 
of  the  fame : 

Sed.  I.  Refolved,  That  the  Secretary  be,  and  he  is  hereby 
direded  to  procure  to  be,  printed  on  good  type  antl  paper,  600 
correct  Copies  of  the  Conilitution  of  this  Commonwealth,  con- 
formable to  the, original  on  parchment,  enrolled  in  the  Secreta- 
ry's ofTice,  and  to  be  attefhcd  to  be  a  true  Copy  by  the  Sec- 
retary. Alfo,  the  fame  numbe;-  of  copies  of  the  Conftitution  ot 
the,  United  States,  to  be  added  then^to,  with  all  the  amend- 
incnts  to  it  which  have  been  adopted,  with  proper  marginal 
referengcs  to  each  feclion  i^nd  article,  of  both  of  faid  ConlHtu- 
tions,  and  to  have  added  in  th^  title  page  of  the  book — ordered 
by  the  General  Court,  far  the  ufe  of  the  G'rocrnr,icnt,  to  be  well 
bound  and  lettered  on  one  fide — For  the  General  Court,  and  on 
the  back  as  ufual. 

§ecl.  2.  Be  ic further  refolded.  That  the  Secretary  be,  and  he 
i^  hereby  direfted  to  make  a  written  contracl  for  printing  faid 
Confiitutions,  with  the  printers  to  the  General  Court,  or  any 


RESOLVES,  June  1 807.  37 

other  printer,  who  fliall  do  the  work  bed  and  cheapefl ;  and 
when  the  books  aforefaid  arc  completed  and  delivered  into  the 
Secretary's  office,  to  Jay  the  accounts  for  the  fame  before  the 
Governor  and  Council,  for  their  examination  and  allowance, 
who  are  hereby  authorized  to  draw  a  warrant;  on  the  Treafurer^ 
fof  the  payment  thereofV 

XLIV. 

Refolve^  empowering  Horatio  G.  BaUhy  Efq.  to  let  or  leafe  the  Mend' 

ows  on  the  Commonwealth^ s^  hands ^  in  the  County  of  Hancock, 

June  19,  1807. 

Whereas,  by  a  refolve  of  this  Commonwealth,  palled  Februa- 
ry 5,  1807,  appointing  Horatio  G.  Balch,  Efq.  Superintendent 
of  Indian  Affairs  for  Penobfco*:  TribCj  veiling  him  with  certain 
powers,  as  exprefled  in  fiiid  refolve  ;  but  no  provilioii  being 
made  for  the  care  of  the  meadows  on  the  Commonwealth's 
land  : 

Therefore  Refolved,  That  Ploratio  Go  Balch,  Efq.  Superintend- 
ent of  Indian  Affairs  for  the  Penoblcot  Tribe,  be,  and  hereby  is 
authorized  to  let,  or  leafe,  annually,  all  the  meadows  on  the 
land  of  this  Commonwealth,  upon  or  adjoining  Pcnobfcot 
River,  in  the  County  of  Hancock,  and  render  to  the  Genera! 
Court  yearly  a  true  account  of  his  doings  ;  and  that  any  perfon' 
y/ho  fhall  cut  any  grafs,  if  anding  or  growing  on  any  of  the  lands 
belonging  to  this  Commonwealth  ay  aforefaid,  fliall  forfeit  ard 
pay  treble  the  val^ue  of  any  fach  grafs  ih  cut,  fell  or  removed  to 
be  recovered  in  any  action,  or  actions  of  trefpafs  in  any  Court 
proper  to  try  the  fame,  and  it  fliiUl  be  the  duty  of  faid  Superin- 
tendent, to  give  feafonable  information,  of  any  trefpafles,  upon 
the  aforefaid  lands,  or  any  offences  againil  the  provlfioii.s  of 
this  Refolve,  to  the  Attorney  or  Solicitor  General,  who  are 
hereby  dire(5fed,  to  profecutc  for,  and  recover  all  penalties,  or 
forfciiur.es  which  may  accrue,  by  virtue  of  this  refolve.  -  - 

XLV. 

Refolve  for  paying  a  balance  due  to  the  SuperirJcjzdcnt  of  the  State 
"  PtifoH  a}^  niaking  a  further  appropriaticn.    -    June  19,  1807.' 

Refolvecl,  That  there  be  allowed  and  paid  out  of  the  Treafury 
of  this  Commonwealth  to  Daniel  Jackibn  Efq.  Superintendent 
of  the  State  Prifon,  the  fum  of  fix  thouland  and  five  hundred 
dollars  including  the  balance  now  due  to  the  faid  Jackfon,  and 
tliat  his  Excellency  the  Governor,  by  and  with  advice  of  Coun- 


3»  RESOLVES,  June  1 807. 

cU,  is  hereby  authorized  to  iflue  his  warrant  in  favor  of  the  faid 
Daniel  Jacklbn  in  his  faid  capacity,  he  to  be  accountable  for  the 
fame  in  the  next  fettlcment  of  his  accounts. 

XL  VI. 

Refohe  on  petition  of  Betfey  Fojier,  noiv  Betfey  Goodell,  authorizing 

the  Judge  of  Probate  of  Worccjler  to  re-examine  her  adminijtra- 

tion  AciOiintu     June  19,  1807. 

On  petition  of  Betfey  Fofier,  late  of  New  Brain  tree,  Widow, 
now  Betfey  Goodcll,  wife  of  Abel  Goodell,  of  Monfon, in  the 
County  of  Hampfliire,  Efq.  adininiflratrix  on  the  eftatc  of  Dan- 
iel Fofter,  late  of  New-Brainlree,  Clerk  : 

'  Refolved,  For  reafons  fet  forth  in  laid  petition,  that  the  Judge 
of  Probate,  for  the  County  of  Worcefter,  be  directed  to  re-ex- 
amine the  adminiftration  accounts  of  faid  Betfey  Goodell; 
and  correct  any  errors,  which  he  may  find  in  faid  account?, 
nnd  to  dedu6t  any  fum,  or  fums  of  money,  which  laid  Betfey, 
-may  have  by  mjllake  charged  herfelf  with,  from  the  balance, 
which  appears  to  remain  in  lier  handi. 

XLVIL 

Jiefohcfor  leafing  tJje  Province-Houfe  for  one  year.  June  19,  ISOT^ 

Refolvcd,  That  the  Treafurer,  and  Secretary,  of  this  Com- 
xnonwealth  be,  and  they  are  hereby  authorized  and  directed, 
to  Icafe  out  the  province -Houfe,  (fo  called)  and  its  dependen- 
cies from  the  day  of  tjie  expiration  of  the  prefcnt  leafe,  to  the 
lirif  day  of  July,  which  will  be  in  the  year  of  our  Lord,  one 
thoufand  eght  hundred  and  eight ;  the  rent  to  be  paid  into  the 
Treafury  in  quarterly  payments.  ■• 

XLVIIL 

Jiefohe  on  the  petition  of  Phinchas  Ki.uhal/,  authorizing  the  rai/ing 

a  71C1V  company  of  Light-Infantry y  in  ISicW'Sakm  andlVendelL 

June  19,  1807. 

On  the  petition  of  Phinehas  Kimball,  and  others,  praying  for 
leave  to  raifc  a  company  of  Light-Infaiitry  in  the  towns  ofNew- 
tjalem  and  Wendell,  in  the  County  of  Harnpfhire  : 

RefoJved^  For  reafons  fet  forth  in  faid  petition,  that  his  Ex- 
cellency the  Governor,  and  Commander  in  Chief,  bo  authorize^' 
to  raifc  by  voluntary  enlillment,  a  company  of  Light  Infantry, 
in  the  tov/ns  of  New-Salcm,  and  Wendell,  provided  the  Hand- 


ilESOLVES,  June  1807, 


mg  companies  in  faid  towns,,  are  not  reduced  below  the  num- 
ber required  by   law— faid  company,  to  be  fubjed  to  all  fuch 
regulations  and  reftridilons,  as  are,  or  may  be  provided  b^'  law 
for  governing  the  militia  of  this  Commonwealth. 

XLIX. 

^e/ohe  on  petition  of  PhUo  H,  Wafiburn  and  others,  mdhor'-inK 
a  company  ofLight4nfantry,  in  Frankfort,  m  the  County  ofHan^ 
cock.     June  i'ii,  1807, 

^  On  the  petition  of  Philo  H;  Wafnburn  and  others,  inhabi- 
tants of  the  town  of  Frankfort,  in  tlie  County  of  Hancock 
praying  for  leave  to  raife  a  Light-Infantry  company  • 

_Rcfolved,  That  his  Excellency  the  Governor,  with  advice  of 
Council,  be,  and  ne  is  hereby  authorized,  to  raife  by  voluntary 
eniiftment,a  co^prnyof  Light-Inflmtry,in  the  to wn of  Franlvfort 
in  the  County  of  Hancock,  provided  the  Handing  companies  in 
faid  town  Ihall  not  be  reduced  below  the  number  required  by 
lawr.  and  when  fo  raifed,  tc  be  annexed  to  the  third  Repiment 
mthe  firft  Brigade,  and  tenth  Divifion,  of  rhe  Militia  of  this 
Commonwealth,  and  Ihall  be  fubfec^  to  all  fuch  rules,  retrula- 
tions,  and  reftriclions,  as  are,  or  may  be  provided  bv  law  for 
the  government  of  the  Mihtia  of  this  Commonwealth: 

t. 

Refohe  en  the  petition  of  Samuel  W.Phelps,  authorizing  the  raiflnr 
a  company  of  Light  Infantry,  in  Marblebead,      June  19,  1^7 

,  Gn  the  petition.of  Samuel  W.  Phelps  and'  others,  Drayin?  for 
leave  to  raife  a  Light  Infantry  Company  in  the  town  of  Mar^ 
blehead,  m  the  county  of  ElTex  : 

Refohed  For  reafon^  fet  forth  in  faid  petition,  that  his  Ex- 
cellency the  Governor,  with  the  advice  of  Council,  be,  and  he 
IS  hereby  authorized  to  raife  by  vt)luntary  enliftment,  a  compa. 
ny  ot  Light  Infantry,  in  the  town  of  Marblehead,  provided  the 
itandmg  companies  in  faid  town,  are  not  reduced  below  the 
number  required  by  law  :  faid  company  to  be  fubjcd  to  all 
fuch  rules,  regulations  and  reftriftions  as  are  or  may  be  provid-- 
ed  by  law  for  governing  the  Iviihtla  of  this  Commonwealth, 


40  RESOLVES,  June  1807. 

LL 

Refolve,  authorizing  the  raifing  a  company  of  Light  Infantry  iti 
Camden^  in  the  County  of  Lincoln^     June  19,  1807. 

On  the  petition  of  Tilfon  Gould  and  others,  praying  for  leave 
to  raife  by  voluntary  enliftment,  a  company  of  Eight  Infantry, 
in  the  town  of  Camden,  in  the  county  of  Lincoln,  within 
the  fourth  Regiment,  firfl  Brigade,  and  eighth  Divifion  or"  the 
Militia  of  this  Commonwealth  : 

Refolved,  That  his  Excellency  the  Governor,  with  the  advice 
and  confent  of  Council,  be,  and  he  is  hereby  authorized  and 
empowered  to  raife  by  voluntary  enliftment,  a  company  of 
Light  Infantry,  in  the  town  of  Camden,  in  the  county  of  Lin- 
coin,  within  the  fourth  Regiment,  firft  Brigade  and  eighth  Di- 
vifion of  the  Militia  of  this  Commonwealth  ;  provided  the 
ftanding  companies  in  faid  town  ate  not  thereby  reduced  be- 
low the  number  prefcribecl  by  law  ;  faid  company  when  raifed, 
to  be  fubjeift  to  all  fuch  rules  and  regulations,  as  are  or  may  be 
provided  by  law,  for  governing  the  Militia  of  this  Common- 
v/ealth. 

LIE 

Refohe,  granting  a  Penfion  to  Jfrael  Morgan*     June  19,  1807. 

On  the  petition  of  Ifrael  Morgan  : 

Rcfolvcd,  That  there  be  allowed  and  paid  out  of  the  Public 
Treafury,  fifty  dollars  by  the  year,  to  Ifrael  Morgan,  in  confid- 
cratibn  of  the  lofs  of  his  right  foot,  while  on  military  duty. 

LIII. 

RefolvCi  for  paying  the  Coinmittee  oil  Accounts.     June  19,  1807. 

Refolved,  That  there  l>e  allov/ed  and  paid  out  of  the  Public 
Treafury,  to  the  committee  appointed  to  examine  and  pafs  on 
accounts  prefented  againft  the  Commonwealth,  for  their  attend- 
ance on  that  fervic'e,  during  the  prefcnt  feflion,  the  iiims  an- 
nexed to  their  names  refpeclively,  in  addition  to  their  pay  as 
members  of  the  Lcgiflature, 

Hon.  Thomas  Hale, 

Hon.  David  Perry, 

Silas  Holman,  Efq. 

William  Young,  Efq. 

Nathan  Fiflier,  Efq. 
which  fums  fliali  be  in  full  for  their  fervices  aforefaid. 


Nineteen  days, 

19  dollars. 

Nineteen  days. 

19      « 

Nineteen  d*ys, 

19      „ 

Nineteen  days, 

19      „ 

Fifteen  days. 

15      „ 

RESOLVES,  June  1 807*  ill 

LIV. 

iiefohe  on  the  petition  of  James  Toimg,jun.      June  20,  1807. 

On  the  petition  of  James  Young,  jun.  late  a  captain  of  a 
tompany  of  Infantry,  in  the  third  Regiment,  firft  Brigade  and 
eighth  Divilion  ol  the  Militia  of  this  Commonwealth,  praying 
that  the  fentence  of  a  divifion  Court-Martial,  given  againft  hint 
on  the  firft  day  of  December  laft,  may  be  fo  far  reverfed  and 
annulled,  as  that  he  may  be  capable  of  holding  any  military  of- 
fice to  which  he  lliall  be  at  any  time  hereafter  elefted  or  ap-« 
pointed : 

Rcfohed^  For  reafons  fet  forth  in  faid  petition,  that  the  fen- 
tence of  faid  Court-Martial,  fo  far  as  refpecls  faid  James  Young, 
jun.  being  adjudged  incapable  of  liolding  any  military  com- 
mifiion  under  this  Commonwealth,  for  four  years,  be,  and  here- 
by is  reverfed ;  and  the  faid  James  Young,  jun.  is  hereby  declar- 
ed capable  of  holding  any  military  office  under  this  Common- 
wealth, to  which  he  may  be  at  any  time  hereafter,  conftitution- 
ally  elected  or  appointed,  the  faid  fentence  of  the  faid  Court- 
Martial  to  the  contrary  notwithftanding. 

LV, 

Rcfolve  granting  Jonathan  Ware,  of  Conzvay,  631  dollars  ctnd  85 
cents,  to  fatisfy  judgment,  recovered  againji  him  by  the  adminiftra" 
tor  of  the  ejiate  of  John  Murray.      June  20,  1807. 

On  the  petition  of  Jonathan  Ware,  praying  that  the  Com- 
monwealth would  pay  the  fum  of  one  thoufand  and  eighty-one 
dollars  and  forty-three  cents,  the  amount  of  the  judgment  for 
the  debt  and  cofts,  recovered  againft  him,  in  the  Circuit  Court 
of  the  United  States,  on  a  bond  held  by  Daniel  Murray,  admin-* 
iftrator  on  the  eftate  of  John  Murray,  abfentee,  faid  petitioner 
having  given  a  bond  to  the  Commonwealth  for  faid  debt,  by 
virtue  of  arefolve  pafl'ed  February  1,  1796  : 

Refolved,  For  reafons  fet  forth  in  faid  petition,  that  tliere  be^ 
and  hereby  is  granted  to  the  faid  Jonathan  Ware,  the  fum  of 
fix  hundred  and  thirty-one  dollars  and  eighty-five  cents,  which 
together  with  four  hundred  and  forty-nine  dollars  and  fifty- 
eight  cents,  the  balance  due  on  the  bond  of  the  faid  Jonathan, 
now  in  the  Treafury  of  the  Commonwealth,  which  bond  the 
Treafurer  is  hereby  authorized  to  cancel,  will  be  in  full  of  f^id 
judgment ;  and  that  his  Excellency  the  Governor,  be  requefted 
to  draw  his  warrant  on  the  Treafuret  for  fi\id  ftim  of  fix  hun^ 
dred  and  thirty-one  dollars  and  eighty-five  cents. 

F 


45  l^ESOLVks,  June  180f. 

LVI. 

Refolvc^  auihorizing  Ephraim  Lawrence  to  file  a  plan,  in  the  Secr;^ 
tarfs  Office,  ivith  the  ad  for  rcgulat'Dig  the  Fijhcry  in  Mcrriniac 
river,  propofed  the  li5th  day  of  March,  180 J.      June  20,  1807. 

Upon  the  petition  of  Ephraim  Lawrence,  praying  that  he 
may  be  allowed  to  file  the  copy  of  a  plan  which  is  referred  to, 
in  the  ad  aforefaid,  entitled  "an  Act  in  addition  to  an  Act  en- 
titled an  Acl  to  regulate  the  catching  of  Salmon,  Shad  and  Ale- 
wivcs,  and  to  prevent  obftruclions  in  Merrimac-River,  and  in 
the  other  rivers  andflreams,  running  into  the  fame,  within  this 
Commonwealth,  and  for  repealing  leveral  ads  hitherto  made 
for  that  purpofe,'*  which  plan  has  been  certified  by  the  Hon. 
Jonathan  Maynard,  Efq.  one  of  the  committee  who  made  the 
original  plan,  to  be  a  true  copy  thereof,  may  be  filed  in  the 
office  of  the  Secretary  of  this  Commonwealth,  with  the  acl  afore- 
faid, and  when  fo  filed,  fliall  be  as  valid  and  effedual,  to  all  in- 
tents and  purpofes,  as  the  original  plan  aforefaid,  would  have* 
been,  any  thing  in  the  acl  aforefaid  to   the   contrary  notwith- 


Handing. 


Lvn. 


Refohefor  paying  the  Chaplain  and  Clerks  of  both  Houfcs, 
June  20,  1807. 

Refohedj  That  there  be  allowed  and  paid  out  of  the  Public 
Trcafury,  fixiy  dollars  to  the  Rev.  Thomas  Baldwin,  Chaplain" 
to  the  Legiflaiure  ;  to  John  D.  Dunbar,  Efq.  Clerk  of  the  Sen- 
ate, and  to  Charles  P.  Sumner,  Efq.  Clerk  of  the  Houfe  of  Rcp- 
refentatives,  one  hundred  and  fifty  dollars  each,  in  full  for  their 
fervices  aforefaid,  the  prcfent  fefiion  ;  and  to  Geo.  E.  Vaughan,- 
Efq.  Afiifiant  Clerk  of  the  Senate,  one  hundred  dollars, 
and  to  Thos.  Waiicut,  A-fllftant  Clerk  of  the  Houfe  of  Reprefen- 
tatives,  one  hundred  dollars, which  fums  fiiall  be  in  full  for  their 
fervices  refpedively,  the  prefent  fefiion  of  the  General  Court..- 

Lvm. 

Rcfoh-e  for  the  f ale  of  Transferable  Stack,  and  pur  chafe  ef  Statff 
Notes.     June  20,  1807. 

Rcfohcd,  That  the  Treafurer  of  this  Commonwealth,  be,  and 
he  is  hereby  authorized  and  empowered  to  make  fale  of  the 
whole  or  any  part  of  the  ten  certificates  of  the  fix  per  cent  Stock 
of  the  United  States^  amounting  to  feventy-fix  thoufand  ^ 


RESOLVES,  June  1 807.  4S 

fliimdred  and  eighteen  dollars  and  feventy-four  cents,  which 
Stock  is  the  property  of  this  Commonwealth,  and  is  transfera- 
,ble.  And  one  Certificate  of  three  per  cent  Stock,  for  two  thou- 
sand four  hundred  and  fixty-eight  dollars  and  ninety-five  cents, 
which  ftock,  is  alfo  the  property  of  this  Commonwealth,  and  is 
transferable  : 

Provided  however,  that  the  fsid  fix  per  cent  Stock  fliall  not 
,be  fold  under  par,  and  the  faid  Certificate  of  three  per  cent 
Stock  fliall  not  be  fold  for  lefs  than  fixty-feven  per  centum. 

And  be  it  further  refolved.  That  the  Prefident  of  the  Senate, 
.Speaker  of  the  Houfe  of  Reprefentatives  and  Treafurer,  of  this 
Commonv/eakh,  be,  and  they  are  hereby  direded  to  invcft  the 
proceeds  arifing  from  the  lale  of  any  of  the  faid  Stocks  in 
'the  purchafe  of  the  notes  of  this  Commonv/ealth. 

And  be  it  further  refolved.  That  there  be  allowed  and  paid 
to  the  faid  perfons,  fo  appointed,  as  a  cqmpenfation  for  the  fer- 
vices  herein  prefcribed,  three-fourths  of  one  per  centum  on  the 
amount  of  the  notes  of  this  Commonwealth,  which  they  may 
purchafe  by  virtue  of  this  refolve. 

And  be  i-t  further  refohed.,  That  there  fhall  not  be  paid,  in  pur- 
chafe of  faid  notes,  more  than  in  the  proportion  of  one  hundred 
dollars  for  one  hundred  dollars  amount  of  the  notes  of  tlxis 
Commonwealth. 

Refolve,  for  the  Secretary  to  pay  AJpfiant  Clerks.      June  20,  1  SOTo 

Refolved,  That  there  be  allowed  and  paid  out  of  the  Public 
Treafury,  three  hundred  dollars,  unto  Jonathan  Loring  Auflin, 
Secretary  of  this  Commonvv^ealth,  for  pay  for  aihflant  Clerks, 
employed  to  expedite  the  public  bufinefs,  he  to  be  accountable 
for  the  fame,  and  that  his  Excellency  the  Governor,  be  requefl- 
€d,  by  and  with  the  advice  and  confent  of  the  Council,  to  draw 
fcis  warrant  on  the  Treafurer  accordingly. 

LX. 

^efehe  on  the  petition  of  Frederick  Spence^  dire^ing  the  Sheriff  of 
Suffolk  to  dif charge  him,     June  20,  1 807. 

On  the  petition  of  Frederick  Spence,  fhewing,  that  ever  fince 
die  thirty-firfi;  day  of  March  lail,  he  has  been  confined  in  the 
goal  in  the  County  of  Suffolk,  by  virtue  of  an  execution  in  fa^ 
VPr  gf  this  Commonwealth,  amounting  to  the  fum  of  fixty-two 


44  RESOLVES,  June  1 807. 

dollars   and   forty-two  cents  ;   and  that  lie  is  wholly  unable  to 
pay  any  part  of  faid  fum,  or  to  fupport  himfelf  in  prifon  : 

//  is  therefore  Refohed,  That  the  whole  of  the  atorciaid  fum, 
amounting  to  fixty-two  dollars,  and  forty-two  cents,  be,  and 
hereby  is  remitted  to  faid  Frederick  Spence,  and  that  the  Sher- 
iff of  the  County  of  Suffolk,  be  and  he  hereby  is  directed  to 
discharge  the  faid  Frederick  Spence  from  prison,  provided  the 
faid  Spence  be  not  there  confined  by  virtue  of  an  execution,  or 
mefne  procefs  in  favor  of  any  individual,  or  individuals,  or  for 
any  caufe  other  than  the  execution  before  mentioned. 

LXL 

Rcfohe  on  petition  of  James  Farncll  Hyde^  dire  fling  the  Sheriff  of 
Suffolk  to  dif charge  hinu     June  20,  f807. 

On  the  petition  of  James  Parnell  Hyde,  (hewing,  that  ever 
fmce  the  third  day  of  March  lart,  he  has  been  connncd  in  the 
goal  in  the  County  of  Suffolk,  by  virtue  of  two  executions,  in 
iavor  of  this  Commonwealth,  againil  the  laid  Hyde,  amount- 
ing to  the  fum  of  one  hundred  and  fourteen  dollars,  and  nine- 
ty-fe  .'jn  cents,  each,  and  that  he  is  wholly  unable  to  pay  any 
part  of  fliid  fum,  or  to  fupport  hiii.fclf  in  prifon  : 

//  is  therefore  Refelved,  That  the  whole  of  the  fums  contained 
in  the  aforcfaid  executions,  amounting  to  two  hundred  and 
twenty-nine  dollars,  and  ninety-four  cents,  due,  by  virtue  of 
the  two  executions  aforefaid,  be,  and  hereby  are  remitted  to 
him,  the  faid  Hyde,  an.l  that  the  Sheriff  of  the  County  of  Suf- 
folk, be  and  he  hereby  is  directed  to  difcliarge  faid  Hyde  from 
prifon,  provided  the  laid  Hyde  be  not  there  confined  by  vir-t 
tue  of  any  execution,  or  mefne  procefs  in  favor  of  any  indi- 
vidual or  individuals,  or  for  my  caufe  other  than  the  two  exe- 
cutions before  mentioned. 

LXII. 

Refohe  dire8ing  the  Attorney  General  to  ft  ay  proceedings  againfifet- 
tiers  in  the  Dijlricl  of  Mains,  and  giving  faid  fettlers  a  further 
time  to  make  payment.     June  20,  1807. 

Whereas  by  a  refolve  of  the  General  Court,  pafTed  the  3d 
day  of  March  1806,  the  Attorney  Oeneral  was  direded  to  ejecl 
certain  fettlers  on  the  lands  belonging  to  this  Commonwealth, 
in  the  Diftrict  of  Maine,  who  fhould  fail  of  completing  the 
payment  for  the  lots  on  which  they  had  fettled  refpe^tively,  oil 
or  before  the  3d  day  of  March  1807,  and  whereas  it  appear^ 
;hat  the  faid  payments  are  not  yet  fully  completed  : 


'  RESOLVES,  June  1807.  45 

Therefore  Refolved,  That  the  faid  Attorney  Gcftieral,  be  dl- 
refted  to  flay  his  proceedings  relative  to  the  fame,  until  the 
28th  day  of  February  next,  and  the  agents  for  the  fale  of  eaft- 
ern  lands  are  direded  in  the  mean  time,  to  receive  any  monies 
u'hich  the  faid  fettlers  may  pay,  and  to  make  out  the  deeds  of 
their  refpeclive  lots,  in  the  ufual  manner  ;  any  thing  in  the  faid 
refolve  of  March  3d,  1 806,  to  the  contrary  notwithftanding. 

Lxiir. 

Grant  to  the  Mcjfenger  to  pur  chafe  Fuel,  life.     June  20,  1 807. 

Refolved,  That  there  be  allowed  and  paid  out  of  the  Treafu- 
ry  of  this  Commonwealth,  to  Jacob  Kuhn,  Meffenger  of  the  Gen- 
eral Court,  the  fum  of  eight  hundred  dollars,  to  enable  him  to 
purchafe  fuel,  and  fuch  other  articles,  as  may  be  necelTary  for 
the  ufe  of  faid  Court  j  he  to  be  accountable  for  the  expenditure 
of  the  fame. 

LXIV. 

Refolve,  feiting  afide  the  proceedings  of  a  Court  Martial,  relative 
to  Jofeph  Loring,jun.     June  20,  1807. 

The  Committee  of  both  lioufes,  on  petition  of  Jofeph  Loring, 
run.  have  attended  the  duty  afiigned  them,  and  now  report. 
That  the  fiid  Loring  received  a  Commiflxon,  dated  Auguil  15, 
1803,  as  Captain  "of  an  Infantry  Company,  raifed  at  large  in 
the  town  of  Bofton,  lliled  the  Wafliington  Infantry — at  this 
time  Cha*rles  Davis  commanded  a  Ward  Company  of  Infantry 
in  the  fame  town,  by  virtue  of  a  Commiilion  dated  April  6th, 
1 803,— afterwards,  vi% — 'On  the  7th  day  of  June,  1804-,  he  was 
elected  by  the  Bofton  Light  Infantry,  and  received  a  Commif- 
fion  as  Captain  of  faid  Company,  of  the  laft  date  ;  and  after- 
wards was  placed  in  the  lin^  below  faid  Captain  Loring,  in  con- 
formity to  the  dates  of  their  refpective  commifiions. — On  the 
20th  June,  1 805,  a  General  Order  was  iffued  by  the  Com- 
mander in  Chief,  diredling  Captains  Meflenger,  Loring  and 
Davis,  to  receive  new  Commiilions,  that  Captain  Davis  Ihould 
take*rank  of  Captain  Loring,  notwithftanding  the  dates  of 
their  refpetftive  Commjffions ;  and  that  Capt.  Loring  fliould  re- 
ceive a  Light  Infantry  Commiilion  to  command  an  Infantry 
Company,  although  his  Subalterns  then  held  and  ftill  hold  In- 
fantry Commiffions  ; — to  this  Order  Capt.  Loring  objeded,  as 
Tinconftitutional  and  illegal,  becaufe  it  took  from  him  a  Com- 
jhilTioii  without  his  confcnt,   and  becaufe  it  afherned  to  Capt. 


45  \  RESOLVES,  June  1S07. 

Davis  a  priority  of  rank,  not  derived  from  the  date  of  his  Concir 
milTion  :  he  reprelented  his  cafe  to  the  Commander  in  Chief 
without  effect,  and  was  arretted  in  Oct.  1 805,  for  abetting  his 
company  to  mutiny,  and  on  other  charges,  of  all  which  he  was 
acquitted  in  December  of  the  feme  year  j  but  was  held  in  arreft 
until  April,  1806 — afterwards  faid  Loring  forwarded  to  the. 
Commander  in  Chief  his  wifh  that  he  might  be  permitted  to 
refign  :  this  communication  was  laid  before  the  Council,  but 
not  until  he  had  been  again  arretted  for  refufmg  to  acknowl- 
edge the  faid  Davis  as  his  fuperior  officer,  and  to  it  he  never 
received  an  aniwer.  Tiiis  latt  arreft  was  in  September,  1 806, 
and  in  the  fucceeding  month,  in  purfuance  of  orders  from  Major 
General  Elliot,  he  was  tried  by  a  Court  Martial,  fentenced  to 
be  removed  from  otficc,  and  difqualifmd  from  holding  any 
Military  Commiffion  under  this  Commonwealth  for  the  term. 
of  three  years.  The  faid  Loring  alfo  complains,  that  the  mem- 
bers of  this  Couri.  Martial  were  not  rc?-ularlv  detailed,  and  that 
by  this  means  he  has  been  deprived  of  a  fair  and  impartial 
trial : — 

Your  Committee  are  of  opinion,  That  the  General  Order  of 
the  20th  of  June,  1 805,  is  unconftitutional,  becaufe  no  officer, 
duly  committlbned,  can  be  removed  from  his  office,  but  by  the 
addrefs  of  both  Houfes  to  the  Governor,  or  by  fair  trial  in 
Court  Martial,  and  becaufe  the  property  of  an  individual  can* 
not  be  taken  from  him  but  by  legal  proccfs  : 

The  power  of  organizing,  arming,  and  difciplining  the  Mili- 
tia, is  exprefsly  vetted  in  the  Government  of  the  United  States, 
and  Congrefs  have  exercifed  this  power  by  an  act,  palfed  May 
8th,  1792  ;  this  act  mutt  be  binding  on  the  Militia  of  this  Com- 
monwealth ;  for  the  acts  of  Congrefs,  made  in  purfuance  of  the 
Conftitution  of  the  United  States,  are  paramount  to  our  ttate 
laws,  and  even  to  our  ftate  Conftitution  ;  The  people  of  this 
Commonwealth  in  adopting  the  conftitution  of  the  L^nited 
States,  have  declared  the  fame,  and  all  laws  made  in  purfuance 
thereof,  to  be  thf^  fupreme  laws  of  the  land,  the  Conftitution, 
or  laws  of  any  ftale  Lo  tho  contrary  notwithftanding  :  The  right 
of  determining  rank  is  incident  to  tlie  power  of  organization, 
and  has  been  pofitively  determined  in  the  8th  Section  of  faid 
act  of  May  1792,  in  thrfe  words  :  "  That  all  commiffioned  of- 
ficers fliall  take  rank  according  to  the  date  of  their  Commif- 
fions."  The  General  order  aforefaid,  having  for  its  object,  the 
eftablifhment  of  rank  in  a  manner  repugnant  to  the  faid  Act  of 
1792,  your  committee  are  of  opinion,  muft  therefore  be  iUe^ 
gal. 


RESOLVES,  June  1807.  4f 

In  the  declaration  of  rights,  Art.  I7th,  it  is  faid,  that  the  mili-. 
tary  power  fliall  always  be  held  in  exact  fubordination  to  the 
civil  authority,  and  be  governed  by  it.  It  is  alio  faid,  Art.  22d, 
that  the  Legillature  ought  frequently  to  affemble  for  the  re- 
drefs  of  grievances.  If  the  power  of  rcdrcfling  all  wrongs  is  in- 
herent in  our  government,  of  which  we  think  there  can  be  no 
doiibt,  we  think  it  muft  be  obvious  that  this  power,  being  veil- 
ed in  ho'  other  body,  muft  reft  in  the  Legiflature,  and  may  be 
exercifed  refpefting  the  Military  with  as  much  propriety  as  to- 
wards the  Civil  concerns  of  the  Commonv^Talth.  It  will  be  rec- 
olleded  that  this  power  has  been  conftantly  exercii'ed  in  fettino^ 
afide  the  proceedings  of  Judicial  Courts,  for  apparent  errors  in 
th.eir  proceedings,  or  by  reafon  of  their  not  having  had  that 
fair  and  impartial  trial  which  is  contemplated  by  the  Conftitu- 
tion.  This  is  not  affuming  the  Judicial  power,  if  the  Citizen  is 
not  thereby  deprived  of  a  new  trial. 

The  petitioner  has  proved  by  the  records  of  the  Court  Mar- 
tial, and  by  original  papers  in  the  cafe,  that  the  members  were 
not  regularly  detailed,  by  reafon  whereof  he  has  not  had  that 
fair  and  impartial  trial  to  which  every  citizen  is  entitled.  The 
regular  detailment  of  the  members  of  a  Court  Martial  is  as  ne- 
ceflliry  to  a  fair  trial  as  the  regular  impannelment  of  a  Jury  ;  for 
if  the  principle  of  detailment  by  regular  rotation  is  permitted 
to  be  infringed,  the  rights  and  characters  of  inferior  officers, 
may  be  placed  wholly  at  the  mercy  of  fupcriors,  whom  they 
may  be  fo  unfortunate  as  to  offend. 

From  thefe  confiderations,  your  committee  are  of  opinion, 
that  the  proceeding  of  fliid  Court  Martial  fliould  be  fet  alide,  in 
order  that  the  faid  Loring  may  have  a  fair  and  impartial  trial ; 
they  therefore  offer  the  following  Refoive,  which  is  fubmitted, 

A.  HILI^,  per  order. 

Whereas,  it  appears  that  Jofeph  Loring,  jun.  a  Captain  of  the 
Militia  in  the  town  of  Bofton,  has  been  tried,  fentenced  to  be 
removed  from  office,  and  adjudged  incapable  to  hold  any  mili- 
tary commiffion  under  this  Commonwealth,  for  the  term  of 
three  years,  by  a  Court  Martial,  begun  and  holden  at  Bofton  on 
the  28th  day  of  October,  A.  D.  1806,  and  whereas  it  appears 
that  fome  of  the  members  of  faid  Court  Martial  were  not  reg- 
ularly detailed,  and  that  faid  Jofeph  Loring,  jun.  has  not  had 
that  fair  and  impartial  trial  to  which  he  was  entitled,  and  has 
petitioned  this  Court  for  redreif. : 

Therefore  Refohcd,  That  the  proceedings  of  faid  Court  Mar- 
tial, relative  to  the  faid  Jofeph  Loring,  jun.  be,  and  the  fame  are 
hereby  wholly  fet  afide. 


43  RESOLVES,  June  1807. 

LXV. 

Refohe,  on  the  petition  of  Abraham  Munroe,  direding  the  Attorney 
or  Solicitor  General  to  defend  him  in  afuit  commenced,  by  0 liver 
Eager  and  wife.     June  20,  1 807. 

On  the  petition  of  Abraham  Munroe,  praying  that  the  At- 
torney General  may  be  diredlcd  to  defend  a  certain  fuit  com- 
menced by  Oliver  Eager  and  his  wife,  plaintiffs,  in  error,  to  re- 
verfc  a  judgment  for  the  confifcation  of  certain  Tracts  of  Land, 
lying  in  the  County  of  Worcefter,  which  fuit  is  now  pending 
in  the  Supreme  Judicial  Court  in  the  County  of  Worcefter  : 

licfolved.  That  the  Attorney  General,  or  Solicitor  General, 
of  this  Commonwealth,  be,  and  he  hereby  is  authorized  and 
dire«fled  to  appear  and  defend  faid  Suit,  and  to  do  theteiii 
whatever  is  expedient  to  be  done  for  the  intereft;  of  the  Com- 
monwealth. 

LXVI. 

Refohe,  On  the  petition  of  Ifaac  Chamberlain,  direding  the  Trcafurcr 
to  difcharge  a  Mortgage  Deed.     June  20,  1807. 

On  the  petition  of  Ifaac  Chamberlain,  praying  for  liberty  to 
exchange  Securities  with  the  Treafurcr  of  this  Commonwealtli : 

Refolved,  That  the  Treafurcr  be,  and  he  hereby  is  authorized 
and  empowered  to  difcharge  a  mortgage  deed  of  certain  Lands, 
lying  on  the  eaft  fide  of  Penobfcot  River,  in  the  County  of  Han- 
cock, dated  January  22,  1802,  made  by  faid  Chamberlain,  and 
lodged  in  the  Treafurer's  Office,  as  collateral  fecurity  for  the 
payment  of  his  bond,  of  the  fame  date,  for  thefum  of  fix  hun- 
dred and  forty-four  dollars  and  twenty  cents  ;  and  to  receive 
in  lieu  thereof,  a  Mortgage  deed  of  certain  real  eftate,  fituatc 
in  the  the  town  of  Chelmsford,  in  the  County  of  Middlefex,  a^y 
he  fhall  judge  fufficient  to  fecurc  the  payment  of  the  faid  bond  : 
Provided  however,  that  faid  Chamberlain  fliall  pay  and  dil- 
charge  all  the  intereft  due  on  faid  bond  at  the  date  of  the  hft 
mentioned  mortixacre. 

LXVit, 

Rcfolve^  granting  pay  to  the  Clerks  in  the  Treafurcr  and  Secretary's 
'Offices.     June  20,  1 807. 

Refohed,  That  there  be  allowed  and  paid  out  of  the  Treaf- 
ry  of  this  Common  wealth,  to  the  two  Clerks  in  the  Treafurer's 


RESOLVES,  June  1807.  49 

Office,  and  to  the  firft  Clerk  in  the  Secretary's  OlHcc,  three  dol- 
lars and  eighty-four  cents  per  day  ;  and  to  the  other  tvv'o  Clerks 
employed  in  the  Secretary's  Office,  three  dollars  per  day,  for 
each  day  they  may  be  employed  in  faid  Offices  refpeclively, 
frowi  the  firft  day  of  June,  inftant,  to  the  firft  day  of  June,  one 
thoufand  eight  hundred  and  eight. 

LXVIII. 

Re/olve,  appointing  Charles  Tiirtier^jun.  Efq.  to  explore  and  mark 
out  the  mojl  dlred  route  from  Penobfcot  Pjver  to  the  Eafiern  line 
of  the  State.     June  20,  1807. 

On  the  petition  of  Simon  Packard  and  others,  and  alfo  the 
petition  of  Samuel  E.  Button  and  others,  praying  that  a  Road 
may  be  laid  out  from  Penobfcot  River  to  the  Eaftern  line  of 
the  Commonwealth,  and  to  the  P.iver  St.  Johns,  Report  the 
following  refolve,  which  is  fubmitted. 

J.  MAYNARD,  per  order, 

Refohed,  That  Charles  Turner,  jun.  Efq.  be,  and  hereby  n 
appointed  a  Surveyor  to  explore  and  mark  out  a  route,  in  the 
moft  dired:  courfe  the  land  will  admit  of,  from  the  Penobfcot 
River,  through  the  lands  formerly  fold  to  Jackfon  and  Flint,  to 
any  part  of  the  public  Grants,  located  on  the  Eaftern  line  of 
the  Commonwealth,  and  fo  on  north  (through  the  townlhip  of 
Mars-Hill,  granted  to  the  old  Soldiers)  until  it  fliall  ftrikc  the 
River  St.  Johns. 

Be  it  further  refolved.  That  the  Governor,  with  the  advice  of 
Council,  be  requefted  to  draw  his  warrant  on  the  Treafurer, 
for  the  fum  of  five  hundred  dollars,  to  enable  the  faid  Turner 
to  carry  the  foregoing  Refolve  into  eft'ecf ,  he  to  be  accountable 
for  the  expenditure  of  the  fame. 


G 


30  RESOLVES,  June  I  ^07. 

Roll  No.  57.     June  1 807. 
THE  Committee  on  accounts,  having  examined  the  feveral 
accounts  they  now  prcfent, 

.    REPORT,  That  there  ire  due  to  the  corporations  and  per- 
fons  hereafter  mentioned,  the  fums  fet  to  their  names  refpecflive- 
ly,  which,  when  allowed  and  paid,  will  be  in  full  difcharge  of 
the  faid  accounts  to  the  fcvcral  dates  tlierein  mentioned. 
Which  i^  refpeclfully  fubmitted, 

THOMAS  Hale,  ^er  order. 

Pauper  Accowiik.  D.     C, 

Amcfbury,  for  boarding,  clothing,  nurfing  and  doc- 
toring Jonathan  Sidwell,  to  the  18th  May,  1807,  71   75 

Adams,  for  boarding,  clotliing  and  nurfmg  Freeman 
Blakcly,  and  Sulannah  Carrip,  to  22d  May,  1807, 
and  Catharine,  an  Indian  woman,  to  the  time  of  her 
deatli  including  funeral  charge?.,  6D  67 

Brookficld,  for  boarding  Luke  Finney  and  George 

Baflington,  to  the  20th  May,  1807,  49  20' 

Belchcrtown,for  boarding,  clotliing  and  nurhng  Amos 
Ames  and  Wife,  to   25th  May,  1607,  and  David" 
Chamberlain,  to  the  time  of  his  death,  including  fu- 
neral expenfcs,  117  32' 

Barnllable,  for  fupporting  John  Larrabee,  to  the  time 

of  his  death,  including  funeral  cxpcnfcs,  117  73 

Bradford,  for  boarding  and  clothing  Jofliua  L.  Alfars, 

to  ifl  June,  1807,  2,^  15 

Bridgwater,  fur  boarding  an'd  clothing  William Black- 
Icy  and  Frederick  Bingner,  to  1  ft  June,  1 807,  and 
Benjamin  Palm-cr  to  the  time  of  his  death,  incluchng 
doctor's  bill  for  faid  Palmer,  and  funeral  expenfes,         75  05' 

Becket,  for  boarding,,  clothing,  nurhng  and  docfor- 
ing  Prince  Starkv/eather  and  his  family,  and  Daniel 
Lamphicr,  to  23d  May,  1807,  ^o  22 

Boxborous^h,  forboarding  and  clothing  John  M'Coy, 

to  2Sth  May,  1807,  57  94 

Barre,  for  btrardino:,  clothincr  and  nurfino;  PrilTilla 
Humphreys  and  John  C.  Dandrick,  to  2Sth  May, 
1807,  ^0  43 

Bofton,  for  boarding,  clothing  and  nurfing   fundry 

Paupers,  to  id  June,  1S07,  ^  5252  82 

Carliflc,  for  boarding  and  clothing  Robert  Barber,  to 

23d  May,  1807,  ^5   85 

ehefhirc,  for  boarding  and  clothing  Ephraim  Rich- 

ardfon,  to  2;3d  May,  1S07,.  79  13 


RESOLVES,  June  1807,  5-,! 

•Chelmsford,  for   boarding,  clothing  and   doctoring 

Catharine  M'Clenny,  to  27th  May,  1807,  46  41 

•  Charleltown,  for  fupporting  iundry  itate  Paupers,  to 
4th  June,  1807,  including  funeral  charges  for  Jo- 
fepii  Cafley,  17P  9S 

Cape-Elizabeth,  for  boarding  George  J.  Hays,  Jamc5 
Ramfbottom  and  Abraham  Birks,  to  22d  May, 
1807,  70  SP 

;Concord,  for  ^boarding  and  clothing  William  Shaw, 
to  6th  June,  and  Geo.  Black,  to  24th  March,  and 
and  Benjamin  Weeks,  to  21  ft  March,  1807,  5148 

Diftrict  of  Dover,  for  boarding,  clothing  and  nurfmg 

PartrickCowin,  to  3d  June,  1807,  100  10 

.Dunlfabie,  for  boarding,  nurfnig  and  dpctoring  Mar- 
garet Lane,  to  4th  June,  1807,  ^        I'l  0.6 

pracut,  for  boarding,  dodoringand  nurfmg  Nehemi- 
ah  Jaques,  to  the  time  of  his  death,  including  funer- 
al charges,  and  Lucy  Jaques,  to  ift  June,  1807,  7S  49 

JDanvers,  for  boarding,  clothing  and  nurung  John  J, 

Hiers  and  Jane  l^uckerdy,  to  5th  June,  1S07,  37  9,2 

Deblois,  George  for  taking  care  of  the  State  Paupers 

in  the  Alms-houfe  in  BoRon,  S70  07 

Eaft-Hampton,  for  boarding  and  doclqring  John  Hall, 

to  25th  May,  1807,  34  73 

Egremont,  for  boarding,  nurfmg  and  neceiTaries  fur-^ 
nifhed  Lucy  Van-Guilder  and  her  infant  child,  from 
June  23d  to  July  12th,  1807,  17  50 

Fayett,  for  boarding  and  clotliing  William  G.  Martin, 

to  19th  May  180^7,  S7  69 

Florida,  for  the  fupport  of  four  children,  of  Amos 

Eldridge,  to  23d  May,  1807,  31  9^ 

Freetown,  for  boarding,  clothing,  nurfmg  and  dodor- 
ing,  John  Conoly,  to  the  time  of  his  death,  incliad- 
ing  funeral  charges,  73  75 

<Jill,  for  boarding  Sarah  Hamlinton,  to  25th  May, 

1807,  15  72 

Granville,  for  fupplies  for  Archebald  Stewart,  to  20th 

May,  1807,  12  31 

Gorham,  for  fupporting  Robert  Gilfilling,  to  3 1ft 

May,  1807,  2B  50 

Granby,  for  boarding,  clothing  and  dodoring  Eben- 

ezer'Darvin  and  John  Murry,  to  2d  June,  1807,  56  89 

plouceftcr,  for  boarding,  clothing,  dodoring  and 
surfing  fundry  Paupers.,  to  iQth  May,  13075  ^^^  ^2 


52  RESOLVES,  June  1807. 

Greenwich,  for  fupplies,  docloring  and  nurfing  the 
widow  Elizabeth  Harrington  and  family,  to  15th 
May,  1807,  ^  25  48 

Hamilton,  for  boarding,  clothing  and  doctoring  Mary 

Moncrief,  to  ift  Feb'i-uary,  1807,  78  61 

Haverhill,  for  docT:oring  William lapley, to  25th  May, 

1807,  15  GO 

Hodgkins  Jofcph,  keeper  of  the  houfe  of  correftion, 
in  Ipfwich,  tor  boarding  and  clothing  fun  dry  Pau- 
pers, to  111  June,  lS07i  including  an  allowance 
made  by  the  Court  of  Sefiions,  to  4-th  April,  1 807,      394  72 

Ipfwich,  for  boarding,  clothing  and  doctoring  John 
Obrian,  to  111  June,  1807,  and  H.  Pentland,  wife 
andchild,  to  13th  March,  1807,  183  99 

Leydcn,  for  fupporting  Jedediah  Fuller,  his  wife  and 
one  child,  and  Elizabeth  Wagoner  and  her  daugh- 
ter to  22d  May,  1807,  49  65- 

Leomillcr,  for  boarding  Jofeph  Hyde,  to  31  ft  May, 

1807,  ^ ^         22  85 

Laneiborough,  for  boarding  and  clothing  Dent  Harri- 

fon,  to  31ft  Ma>,  1807,'     '  _  75  00 

Lenox,  for  boarding,  clothing  and  docloring  Abraham 
Palmar  and  child,  to  29th  May,  1807,  and  Jofeph 
Smith  to  the  time  he  went  out  of  the  Common- 
wealth, and  Hannah,  an  Indian  woman,  when  hck, 
to  her  recovery,    '  70  07 

Lincolnville,   for    boarding  and  clothing  Alexander 

\Vhite  and  llabel  Woodiy,  to  the  13111  May,  1807,     18C  05 

Mounts  Vernon,  for  boarding  and  clo thing  David  Bas- 

ford  to  1 8th  May,  1807,  '  101   23 

Mariborou,2;h,  for  bearding,  clothing,  docloring  and 
nurfmg  Daniel  Stilibn,  to  18th  February,  1807,  the 
time  of  h.is  going  out  of  the  Commonwealth,  32  43 

Montague,  for  fupphcs,  for  Joiliua  Searl,  to  ift  June, 

1807,  '  31   83 

Milton,  for  boarding  and  clothing  Thomas  Webfler, 
John  Murry,  Rebecca  Welili  and  four  children,  to 
Oth  June,  1807,  •       86  10 

^ledard,  St.  Peter,  for  dodorin^  State  Paupers  in  the 

Alms-lcufe  in  Bolton,  to  15tn  May,  1807,  400  00 

Norihileld,  tor  fupporting  Richard  Kingibury,  to  20th 

May  1807,         *  '  '  23  40 

Newbury,  for  boarding,  clothing,  docloring  and  nurf- 
ing iiijidry  Paupers,  to  1  ft  June,  1807;  70c>  OJ 


RESOLVES,  June  1807.  53 

Kewbiiryport,  for  boarding,  clothing,  doftoring  and 

nurlin^  llindry  Paupers,  to  111  June,  1807,  1240  10 

iNfew-Salcm,  for  boarding  and  clothing  two  of  widow 
Olive  Bedient's  children,  to  6th  April,  1807,  and 
George  Fie,  nine  weeks,  52  18 

Nantucket,  for  fupplies  for  James  Plato,  and  Dicky,  a 

black  inan,  to  111  June,  1807,  60  09 

Palmer,  for  boarding  and  clothing  William  Mendon, 

to  28th  May',  1807,  65  62 

Rehoboth,  for  boarding  and  clothing  Sufanna,  an  In- 
dian woman,  to  May  24th  1807,  11   22 

Swanzey,  for  boarding  and  clothing  Manuel  Dufnips, 
and  bally  Robbings  child,  to  24th  May  1 807,  and 
Deborah  Blinkins,  to  the  time  of  her  death,  inclu- 
ding funeral  charges,  "  53  00 

St.  George,  for  fupporting  Elenor  Mathews,  to  25th 

May,  1807,  SO  00 

Salem,  for  boarding,  clothing,  doctoring  and  nurfmg 

fundry  paupers,  to  4th  June,  1807,  761   33 

Sidney,  ior  boarding  and  clothing  two  children  of  An- 

■   na  Lyon,  to  111  January,' 1807,  50  95 

Troy,  for  boarding  and  clothing  Francis  Brow,  to  2111 

Fcjruary,  1807,  94  84 

Topsfield,  for  boarding,  nurling  and  dodoring  Thorn- 

'  as  Comerford,  to  22dMay  1807,  31  25 

Uxbridge,  for  boarding,  clothing  and  taking  care  of 
Betty  Trifle,  David  Mitchell,  and  Patience  Hazard, 
to  3111  May,  l807,  '       195  CO 

Vaffalborough,  for  boarding  and  dcdoring  John  Hall,  ' 

to  20th  May,  1  "807,      ^  40  55 

Vinalhaven,  for  boarding  and  clothing  William  Proc- 
tor, to  2d  April,  1807,  68  11 

"VVefl-Springfield,  for  boarding,  clothing,  docloring 
and  nurfmg  Godfrey  Wagoner,  Wilham  Bell,  Sarah 
Felt's  child,  to- 24th May,  1 807,and  John  Hatch,  to 
the  time  of  his  m.oving  out  of  the  Commonwealth,     110  54 

WaHiington,  for  boarding,  clothing  and  dodoring  the 

\Vidow  Phebe  Clark,  to  24th  May,  1 807,         "^  60  00 

Weft-Stockbridge,  for  boarding,  clothing,  dodoring 
arid  nun'ing  Joel  White,  to  the  time  of  hiis  going 
out  of  the  Commonvv'eaith,      "  38  76 

WindiOr,  for  boarding  and  clothing  Henry  Smith, 

and  his  wife  to  I  ft  April,  1807,  19  76 

Wareham,  fgr  boarding,  clothing,  docloring  and  nurf- 


-54  RESOLVES,  June,  18QT. 

ing  Alexander  Frafer,  to  the  time  of  his  death,  in- 
cluding funeral  charges.  97  5^ 

Warwick,  for  boarding  and  clothing  Samuel  Grlf- 

feth,  to  1ft  June,  1807,  27  IC 

Worcefter,  for  boarding  and  clothing  Peter  Willard, 
Jack  Melvin,  Wilber  Ofborn,  Henry  Kane  and  Sa- 
rah Cook,  to  1  ft  June,  1 807,  including  Dod.  Green's 
biU  for  faid  Wilber  Olborn,  120  Ig 

Williamftown,    for  boarding  and    nurfing      Rachel 
Galuflia,  Morris  Fowler,  Stephen  Blue,  Robert  Mor- 
rill and  Charles  M' Carter,  to  23d  May,  1807,  and 
Storry  Lampliier,  to  the  time  of  his  going  Out   of 
the  Commonwealth,  14-1'  7a 

York,  for  fupporting  Edward  Perkins  and  his  wife, 
Mary  Crocker,  Nicholas  Tuttle  and  Sarah  Avery, 
to  9th  June,  1807,  114  80 

Total,  Pauper  Accounts  14368  19 

Military   Accounts. 

Courts  Martial,  and  Courts  of  Enquiry. 

Hammatt  William,  for  expenfe  of  a  Court  Martial, 
held  at  Bridgewater,  on  the  6th  and  7th  Septem- 
ber, 1806,  whereof  Col.  Silvanus  Lazell,  was  Prefi- 
dent,  71   53 

fiammatt  William,  for  expenfe  of  a  Court  Martial, 
held  at  Bridgewater  in  October,  1806,  whereof  Gen. 
Bates,  was  Prefident,  106  33 

Hammatt  William,  for  expenfe  of  a  Court  Martial, 
held  at  Plymouth,  in  February,  1807,  Gen.  Bates, 
Prefident,  .80  16 

Baftow  Sumner,  for  expenfe  of  a  Court  Martial,  held 
at  Mendon,  in  April,   1807,    Col.  Burbank,  Prefi- 
dent, 109  4^ 
Brigade  Majors,  and  Aid-de-Camps. 

Blilh  Jofeph,  to  30th  December,  1806, 

Clap  Jeremiah,  to  20th  April,  1 807, 

Gannett  Barzillai,  to  ift  May,  1807, 

Hight  William,  to  10th  February,  1807, 

Wood  Sampfon,  to  30th  '      180 

Adjutants. 

Bloflbm  Abden,  to  1  ft  January,  1807, 

Boyd  Willard,  to  8th  January,  1807, 

Baily  Libbus,  to  June,  1 807, 

Dickfon  Walter,  to  Jane  2d,  1807, 


17 

52 

118 

52 

19 

53 

61 

87 

38 

05 

12 

15 

37 

75 

28 

05 

i{?^» 

RESOLVES,  June  1807. 

Koughton  Thomas,  to   27th  1807, 

Hcald  Jonas,  to  23d  April,   1 807, 

Heath  Ebenezer,  to  ift  June,  1807, 

Joy  Moles,  to  2d.  June,   1807, 

Keith  Cyrus,  to  2d  June,  1807, 

tibby  Nathaniel,  to  4th  May,  1 807, 

.Ormibe  Abraham,  to  1  ft  January,  1 807, 

Partridge  Samuel,  to  IGth  April,  1807, 

Phelps  Abel,  to  29th  April,  1 807, 

Ward  William,  to  May,  1807, 

Wefton  B.  Jonathan,  to  1 0th  l3ecember,  1 807, 

Wight  James,  to  IGth  May,  1807, 

Williams  John,  to  June,  1 807, 

Smith  Mofes,  to  10th  May,  1807, 

Expenle,  Horfes  to  haul  Artillery, 
Brick  John,  to  October,  1 806, 
Blafland  S.  William,  to  1 5th  May,  1 807, 
Cobb  Daniel,  to  llthOdober,  1806, 
Dantbrth  Thomas,  to  June,    1807, 
Lewis  James,  to  9th  June,  1807, 
Maynard  Eli,  to    Ift  January,    1807, 
Nurfe   Lawfon,  to  1ft  Oftober,  1806, 

Total  Militia  Accounts, 


SS 


11 

98 

17 

98 

55 

21 

48 

50 

14 

64 

17  OO 

14 

88 

!3 

6{> 

16 

36 

24  57 

14 

24 

17 

75 

26 

6« 

13 

5S 

6 

oa 

5 

00 

24 

00 

10 

Od 

7 

00 

5 

OO 

\5 

OO 

1121   OS. 


Sheriff's*  Accounts. 

Bridge  Edmund,  for  returning  votes  for  Governor, 
Lieut.  Governor,  Counfellors,  Senators  and  Federal 
Reprefentatives,  for  1 806  and  1 807,  65  52' 

Barrett  Jofeph,  keeper  of  Concord  Goal,  for  board- 
ing and  clothing  Bazeleel  Branck,  Jonathan    Rob- 
infon,  Henry  Farnwell,  John  Oakley,    and  Thomas 
Gleafon,to  1 0th  June,  1807,  147  8^ 

Gardner,  John  for  returning  votes,  &c.  to  June  1807,       10  80- 
Hartfliorn  Oliver,  under  keeper  of  Bofton  Goal,  for 
fuppcrting  fundry  poor  debtors  in  faid  goal,  to  Ift 
June,  1807,  393  75 

Larned  Simon,  for  returning,  votes  kc.  to  June,  1807,       11   20^ 
Wait  John,  for  returning  votes  &;c.  to  Jime,  1807,  10  40 


Total  SlicrifTs'  Accounts 


639  43- 


S9  RESOLVES,  June  1 807*  ^ 

Fr inters*  Accounts, 

Cufhing  C.  Thomas,  for  publifhing  Acls  and  RefoIveS 

to  1ft  June,   1807,  ^S  33 

Denio  John,  for  publifhing  A6ls  and  Refolves  to   Ift 

June,  1807,  16  67 

Edes  Peter,  for  publifliing  Ads  and  Refolves  to  6th 

June,  1807,  16  67 

Thomas  and  Andrews    for  printing,  covering  with 

blue  paper,  and  ftitching  1000  copies  of  Militia  Laws  100  00 
Proprietors  of  the  Salem  Regifter,  for  publifhing  Ads 

and  Refolves  to  1ft  May,  'l807,  32  00 

Adams  and  Rhoades,   in  full,  for  paper  and  printing 

for  the  General  Court,  and  the  feveral  Offices  of 

Government,  to  1 5th  June,  1807,  2108  86 


Total  Printers'  Accounts,  2307  53 

Mifccllayiious  Accounts. 

Guardians  of  the  Dudley  Indians,  due  to  them  in  full 
to  May  23,  1807,  which  fum  the  Treafurer  is  di- 
reded  to  charge  faid  Indians  with,  and  to  be  de- 
duced from  the  fum  due  them  from  the  Common- 
wedth,  95  SG 

Kuhn  Jacob,  due  to  him  June  13th,  1807,  over  and 
above  the  amount  of  two  grants  made  to  him,  viz* 
one  June  21,  1806,  of  600  dollars,  the  other  Feb. 
26th,  1807,  of  250  dollars,  and  alfo,  7  dollars,  which 
he  received  of  the  American  Academy  of  Arts  and 
Sciences,  162  45 

Sprague  and  Durant,  for  repairs  upon  the  State  Houfe, 

to' 1ft  June,  1807,  73  ^5 

Spear  Thomas,  for  his  fervice  in  keeping  the  Hofpital 

on  Rainsford  Ifland,  ^o  14th  1807,  44  44 

Sullivan  John,  for  Fadin's  beft  map  of  Europe,  for  the 

ufe  of  the  Governor  and  Council,  20  00 

Toby  Herman,  for  taking  an  Inquifition  on,  and  bury- 
ing the  body  of  a  man,  found  dead  at  Hog-Ifland,  28  24 

Thomfon  J.  Skinner,  Treafurer,  for  oil  purchafcd  for 
the  State-Houfe  Lamps,  82  dolls.  80  cents,  and  for 
two  bills  of  coft,  Treafur^T  of  this  Commonwealth 
vs,  John  Peck,  paid  Attorney  General,  executions 
flayed  three  years  by  the  Lcgifiaturc,  134  doilars,        216  80 


RESOLVES,  June  1 807.  ^7 

tJlmer  George,  for  his  fervices  and  cxpcnfcs  in  col- 
leding  evidence  on  the  complaint  of  George  Wil- 
lington  and  others,  againft  Mofes  Copcland,  Efq. 
including  the  deponent's,  juilice's,  conilable's  and 
flieriff's  fees.  80  72 

Willington  George,  for  his  attending  the  General 
Court,  &c.  on  complaint  againft  Mofes  Copeland, 
Efq.  ^  75  GO 

Lapham,  Silvanus,  for  afTifting  the  ^.TefTengor  to  the 
General  Court  27  days,  ending  the  20th  day  of 
June,  1807,  54  00 

Perry,  John,  for  alTifting  the  Meffenger  to  the  General 

Court  22  days,  including  the  20ih  June,  1807,  44  00 

Total  Mifceilaneous  Account?,  894  36 

Aggregate  Roll,  No.  57,  June  ]  807. 


Expenfe  of  State  Paupers, 
Do.     of  Militia, 
Do.     of  Sheriffs, 
Do.     of  Printers, 
Do.     of  Mifceilaneous, 

14,308    10 

1,121    08 

639  49 

2,307  53 

894  i)G 

19,330  56 

RESOLVED,  That  there  be  allowed  and  paid  out  of  the 
public  Treafury,  to  the  feveral  corporations,  and  porfons,  men- 
tioned in  this  roU,  the  fums  fet  againft  fuch  corporations'  and 
perfons'  names  refpedively,  amounting  in  the  whole,  to  nine- 
teen thoufand,  three  hundred  and  thirty  dollars,  and  fifty-fix 
cents  ;  the  fame  being  in  fuU  difcharge  of  the  accounts  and  de- 
mands to  which  they  refer. 

In  Senate,  June  19, 1807— Read  and  accepted,  fent  down  for 
concurrence.  Samuel  Dana,  Prefident. 

In  the  Houfe  of  Reprefentdtives,  June  20,  1807- — Read  and  con- 
curred. Perez  Morton,  Speaker. 

June,  20,  1807— Approved.         JAMES  SULLIVAN,  Gov, 


RESOLVES, 

Of  the  General  Court  of  Massachusetts, 

PASSED    AT   THE    SESSION    BEGAN   AND    HELD,  AT   BOSTON,  Ol^T 
WEDNESDAY,  THE  SIXTH  DAY  OF  JANUARY,  A.  D.  1808. 


90®c®e^g>»@9O®«= 


GOVERNOR'S  SPEECH. 


State-House,  Friday,  January  8. 
At  12  o^clocky  the  Seriate  attended  in  the  Representatives'  Cham- 
ber^ agreeably  to  assignment,  xvhen  His  Excellency  the  Gover- 
nor, entered,  attended  by  the  Honourable  Council  and  the  She7'iff 
of  Suffolky  and  delivered  the  following 

SPEECH  s  , 

Gentlemen  of  the  Senate,  and 

Gentlemen  of  the  House  of  Representatifes, 

1  HAD  the  honour,  in  your  last  session,  to  submit 
to  your  consideration,  my  sentiments  upon  the  nature  of  our 
Commonwealth,  as  a  Government  in  itself,  and  as  a  State  form- 
ing an  important  member  of  the  Government  of  the  United 
States, 

I  then  expressed  to  you  my  ideas,  of  what  might  be  consid- 
ered a  due  and  regular  administration  of  a  Government  thus 
situated  and  thus  connected.  On  a  careful  revision  of  that  com- 
munication, I  do  not  find  any  material  errors,  in  the  principles 
upon  which  it  was  predicated — I  shall,  therefore,  improve  the 
advantages  of  this  interview,  in  an  attention  to  the  jurisprudence 
of  the  State,  and  to  its  defence  against  foreign  enemies. 

It  is  readily  seen,  that  the  matters,  whicli  will  more  particu- 
larly demand  your  attention,  must  relate  to  the  internal  govern- 
ment of  the  Commonwealth,  and  to  its  defence  against  the  inva- 
sion of    foreign  powers — That  those,    ^vhich  regard  the  for* 


60  GOVEKN^OR'S  SPEECH. 

mer,  are  principally  connected  with  the  Jucliciar}'  Departmenf,- 
under  the  constitutional  guidance  of  the  Legislative  Authority, 
and  that  those,  which  regard  the  latter,  are  generally,  connected 
with  our  situation,  as  a  part  of  the  United  States. 

All  amendments  and  regulations,  that  can  be  suggested,  hav- 
ing a  tendency  to  promote  the  due  administration  of  justice, 
so  that  it  may  be  obtained  promptly,  and  >\  ithout  delay,  in  a 
cheap  Md  easy  manner,  conformably  to  established  equal  la^\  s, 
will  have  the  countenance  of  the  Representatives  of  a  free  people. 

But,  as  tl^re  Was,  in  the  last  session,  a  comm^ittee,  app«)inted 
to  deliberate  in  the  recess,  and  to  report  on  this  subject  at 
large,  I  hope  I  shall  not  have  occasion  to  trouble  you  with 
any  observatiorjs  on  the  judiciary  Department,  unless,  it  shall 
be  on  an  act  passed  in  the  last  session,  to  establish  a  new 
Court  of  General  Sessions  of  the  Peace — As  that  Act  is  sup- 
posed to  be  very  defective,  and  is  not  within  the  commission 
of  the  committee  of  the  recess,  1  have  a  special  message  pre- 
pared upon  it,  which  the  Secretary  will  lay  before  you. 

Tlitere  is  another  subject  connected  with  die  Judiciary  De- 
partment, which  1  think  worthy  of  Legislative  attention  ;  that  is 
the  exemptions  from  serving  on  grand  and  petit  Juries — I  am 
inclined  to  believe,  that  diose  exemptions,  in  -he  country  from 
whence  we  derive  the  trial  by  jury,  were  originally  exclusions, 
with  a  view,  to  prevent  an  undue  interference  of  the  powers 
of  a  mixed  government ;  there  is  not  the  same  reason  in  an 
elective  republic :  and  as  an  exemption  by  privilege,  it  op- 
perates  very  unequally,  increasing  the  burthen  of  civic  duties 
upon-  the  shoulders  of  that  part  of  the  community  m  ho  are 
not  the  best  able  to  bear  it. — Should  any  questions  arise  on 
this  subject,  in  regard  to  the  constitutionality  of  a  retrospec- 
tive principle,  the  act  may  be  modified  so  as  to  avoid  any  thing 
wrong. 

The  defect,  supposed  to  be  found  in  the  Act  passed  in  the 
last  session,  for  establishing  a  new  Court  of  General  Sessions  of 
the  Peace,  has  suggested  to  me  the  caution    of  your   having 
those  bills,  which  obtain  an  order,  in  eitlier  house,  for  a  second 
reading,  primed  for  the  use  of  the  members  of  the  whole  Court. 
Were  ail  bills,  which  have  importance  enough,  to  obtain  a;i  or- 
der for  a  second  reading,  to  be  printed,  in  such  a  number  of 
copies,  as  that  each  member  should  have  one,  it  would  reduce  ' 
the  Legislature,  substantially,  though  not  formally,  to  a  commit- 
tee of  the  whole  on  each  bill.     The  expense  of  the  press  seems 
to  form  tiie  only  objection  to  this  mode  of  procedure. 


GOVERNOR'S  SPEECH.  61 

But  if  the  bill  is  intended  for  an  Act  of  public  concernment, 
\t  oiight  to  be  of  importance  enough  to  defray  the  expense ; 
and  if  it  is  on  a  private  concern,  the  party  interested  ought  to 
bear  the  charge  of  printing  it.  There  is  no  impropriety  in  my 
making  the  suggestion,  because  the  practice  v^  ould  greatly  aid 
the  Governor  in  the  part  the  constitution  gives  him  in  legislation. 

There  are  divers  matters  of  importance,  vhich  1  think  will  merit 
your  attention,  and  which  I  shall  submit  to  your  deliberations 
by  special  messages — Among  these  will  be  one,  accompanied 
by  a  Report  of  the  Adjutant  General,  upon  the  state  of  the  militia. 

The  militia,  which  we  must  rely  on,  as  our  natural  defence, 
is,  by  an  Act  of  Congress,  left,  principally,  where  the  constitu- 
tion of  our  Commonwealth  had  placed  it,  under  the  economy  of 
our  own  particular  State  government. 

You  will  observe,  by  the  report  of  the  Adjutant  General, 
that  the  rank  and  file  of  the  militia,  amount  to  sixty  thousand  four 
hundred  and  twenty  two  :  that  these  are  iTi  anged  irito  Divis- 
ions, Biigades,  Regiments,  Battalions,  and  Companies,  and  that 
those  are  completely  officered.  This,  in  a  country,  where  the  Ar- 
lillery,  and  all  the  necessaries  for  a  camp  and  supplies  of  an  army 
are  procured  from  the  ground,  must  render  its  defence  respecta- 
bly, and  under  the  blessing  of  God,  efiectual. 

Where  there  has  been  any  Muster  of  a  body  of  the  militia,  that 
would  allow  of  a  r£view  by  the  Commander  in  Chief,  in  the 
course  of  the  year,  I  have  not  neglected  it.  The  three  Brigades 
!of  diu  first  Division,  I  have  reviewed  with  great  pleasure  and  sat- 
isfaction, and  have  also  reviewed  a  number  of  detached  Corps  of 
the  first  Brigade  of  the  third  Division — these  bodies  of  the  mih 
tia,  are  a  greater  part  of  tl^m  in  a  uniform  di^ss,  and  are  well 
armed — -they  are  in  a  good  state  of  discipline,  ai^d  exhibit  a  great 
regard  to  subordination ;  a  few  weeks  in  a  camp  life,  will  muke 
them  generally  good  troops.  The  Artillery  Corps  are  very  well 
disciplined.  I'he  officers  of  all  the  militia  deserve  much  at- 
tention from  the  government.  The  Companies  raised  at  large 
have  taken  great  pains  to  accomplish  themselves  and  have  suc- 
ceeded admirably  well — they  are  good  troops. 

There  has  been  a  Muster  of  the  first  Brigade  of  the  second 
Division,  but  I  had  no  notice  from  Major  General  Brickett 
that  such  a  Muster  was  intended,  until  after  I  had  engaged  to 
review  the  first  and  second  Brigades  of  the  first  Division  on  the 
same  week,  and  on  days  which  would  not  admit  my  going  into 
the  county  of  Essex  ;  but  frcm  information  to  be  relied  on,  I  can 
assure  the  honourable  Senate  and  House,  that  great  attention  has 
been  paid  to  that  Brigade  by  its  officers,  and  that  on  the  parade 
they  did  honour  to  their  countr}-. 


62  GOVERNOR'S  SPEECH. 

By  knowledge  gained  from  ever}'  part  of  the  Commoriwealth,  I 
amaoie  to  assure  you,  that  there  exists  an  ardent  spirit oi  improve 
ment  in  the  militia,  which  has  never  before  been  seen ;  there  is 
evidence  of  an  emulation  that  does  them,  officers  and  men,  much 
honour.  They  appear,  as  if  preparing  for  the  business  of  an  im- 
portant crisis,  as  if  they  considered  the  military  defence  of  their 
country,  to  be  their  common  and  ordinary  duty. 

In  the  recess,  the  President  called  for  a  detachment  of  eleven 
thousand  and  seventy  five  men,  including  a  proportionate  num- 
ber of  officers,  as  this  Staters  quota  of  one  hundred  thousand  of 
the  militia,  ordered  by  Congress  to  be  detached  if  necessary. 

This  detachment  was  readily  made,  the  documents  and  papers 
of  which  I  will  send  with  a  spesial  message.  You  have,  I 
believe,  a  peculiar  pleasure  in  being  informed,  that  the  drafts,  to 
form  the  detachment,  were  executed  with  the  greatest  possible 
promptness,  in  every  part  of  the  Commonwealth* 

GETffLBMSN  OP   VHE    SE^JfE,  AUD 

Gentlemen  of  the  House  of  REPRESENfAfivES^ 

Since  your  adjournment  an  unfortunate  circumstance  his 
happened,  which  wiih  the  causes  that  produced  it,  have  placed  our 
nation  in  a  political  point  of  standing,  with  one  of  the  European 
powers  seriously  diverse  from  what  it  was  when  you  returned 
from  this  House  to  your  counties  and  towns.  This  is  yet  a  sub- 
ject  of  national  negotiation,  and  being  constitutionally  in  the 
hands  of  the  national  authority,  I  forbear  to  state  any  fact,  or  to 
utter  any  opinion  respecting  it. 

Since  the  Independence  of  the  U.  States  was  recognized,  by 
the  power  from  whence  they  originated,  twenty-seven  years  have 
been  witnesses  to  our  political  happiness ;  as  well  as  to  our  public 
and  private  prosperity.  Our  national  government  has  been  con- 
ducted on  the  principle  that  we  oyght  to  remain  in  a  state  of 
perfect  neutrality,  as  to  the  controversies  of  Europe.  This  is, 
certainly,  our  wisest  policy — It  is  found  amongst  the  maxims  of 
the  illustrious  Washington,  who  made  the  glory  and  happiness 
of  his  country  his  particular  study. 

The  convulsions  of  Europe,  resulting  from  great  and  unex- 
pected revolutions  and  calamitous  wars  among  the  nations  there, 
have  caused  them  to  assume  a  policy  too  peculiar  and  nevel,  and 
to  project  plans  too  extensive  and  interesting  to  allow  us,  though 
at  so  great  a  distance  froni  them,  to  remain  in  that  security  and 
quiet,  which  our  equal  indifference,  as  a  government,  to  them  all, 
encouraged  us  to  hope  for. 

The  rights  of  neutrality,  founded  in  moral  principle,  and  un- 


GOVERNORS'  SPEECH.  63 

equivocally  established  as  law,  by  the  common  consent  of  na* 
tions  ;  assured  the  freedom  of  commerce  to  neutrals,  with  all 
places  that  were  not  beseiged  by  an  enemy,  with  an  expectation 
of  a  surrender — The  idea  of  holding  the  whole  of  an  enemies* 
country  under  a  seige  by  words,  and  prohibiting  the  commerce 
of  neutrals  by  proclamations,  has  been  lately  adopted,  first  by  one, 
and  then  by  another  power,  but  this  is  nothing  less,  than  an  as- 
sumption of  the  prerogative,  to  control  or  direct  the  affairs  of 
Other  nations  against  their  consent. 

As  two  of  the  most  powerful  nations,  in  that  quarter  of  the 
globi ,  have  adopted  such  an  extraordinary  principle,  and  the  Unit- 
ed Slates  remain  the  only  neutral  power  that  can  be  affected  by  it, 
we  are  in  danger  of  being  drawn  into  the  votex  of  their  general, 
jand  expensive  war. — Thus  situated,  our  government  has  passed 
an  act  laying  an  Embargo  on  our  own  outward  bound  naviga- 
tion.— Why  should  our  vessels  go  to  sea,  if  France  takes  all  that 
are  going  to  England  and  her  provinces ;  and  Gf  eat-Britian  takes 
all  going  to  France,  and  her  dependencies,  or  the  countries  of 
her  allies,  where  are  our  vessels  to  be  sent  to  ? 

This  Embargo  operates  in  a  grievous  manner,  upon  those, 
who  depend  on  commerce,  or  any  of  its  appendages  for  support ; 
but  we  can  have  no  reason  to  believe,  that  this  measure  is  adop- 
ted either  wantonly  or  with  wrong  intentions  in  ouf  govern- 
ment.— If  these  blockading  decrees  are  to  be  rigorously  enforced 
by  the  powers  who  have  issued  them,  our  government  wants 
time  to  consider  of  the  measures  we  ought  ultimately  to  adopt, 
and  permanently  pursue. 

To  suffer  our  country  to  be  stript  of  its  maritime  property  and 
seamen,  before  we  deliberate,  would  be  the  height  of  folly — If 
we  are  to  contend  with  more  than  one  power,  we  need  not  hurry 
to  the  contest,  if  with  one  only,  as  an  incidental  ally  against  the 
other,  we  ought  to  proceed  with  caution,  under  a  compact  of  alli- 
ance, and  not  to  rush  with  rashness,  and  without  due  preperation 
to  the  combat.  To  extend  our  hand  to  either  of  the  belligerent 
powers  as  an  ally,  without  a  preliminary  invitation,  would  lay  us 
completely  at  the  feet  of  that  power,  and  make  her  enemies, 
the  enemies  of  the  United  States The  Act  of  Embar- 
go is  a  measure  of  our  constitutional  government,  and  can  be 
done  away  in  a  day  whenever  our  national  situation  shall  render 
it  eligible  to  do  it. 

We  have  no  claim  to  an  exemption  from  these  calamities,  which 
are  incident  to  other  powers.  We  yet  enjoy  privileges  and 
public  advantages,  that  render  us  the  envy  of  others,  therefore 
to  murmur  at  the  appearance  of  misfortime  is  to  express  our  in^ 
gratitude,  in  the  strongest  language. 


64  GOVERNOR'S  SPEECH- 

Had  we  continued  our  civil  and  political  connexion  with  Europe, 
the  wars  of  the  power  we  should  have  been  connected  with  would 
have  been  our  wars  ;  and  the  measure  of  our  burdens  in  their 
support  would  have  been  given  by  men,  not  elected  or  appointed 
by  us  :  by  men  over  whom  we  could  have  no  control,  and 
whose  own  burdens  must  have  been  lessened  in  proportion  as 
they  should  have  increased  ours. 

As  a  free  people — under  free  constitutions  of  civil  government, 
we  have  a  right  to  express  our  sentiments  on  public  concerns — 
But  our  constitutions  were  not  intended  to  carry  this  principle 
so  far,  as  to  excuse  in  any  form,  sedition  against  our  goveniments, 
or  to  allow  wicked  men  to  invite  foreign  po^vers  to  the  invasion 
and  conquest  of  our  country. — The  governments  we  are  imder 
may  err — The  people  may  make  a  wrong  choice  of  rulers  ;  but 
neither  of  these  errors  can  justify  an  opposition  to,  or  an  attempt 
to  change  the  nature  of  the  government.  It  is  the  first  principle  in 
the  social  compact,  to  submit  to  the  voice  of  the  majority.  The 
second  is  an  entire  and  ready  obedience,  to  the  voice  of  our  Ru- 
lers, issued  within  the  authority  given  them  by  the  constitution. 

At  this  important  crisis,  when  our  wisest  and  best  men  cannot 
decide,  with  satisfaction  to  themselves,  what  are  the  best  meas- 
ures to  pursue,  we  ought  to  be  instructed,  as  a  people,  from  this, 
not  rashly  to  condemn  the  measures  adopted,  or  suddenly  to  cen- 
sure our  leaders  for  their  decisions. 

It  is  clear  beyond  all  controversy,  that  no  measure  can  effectuate 
our  security  unless  we  are  firmly  united  among  ourselves.  A 
division  of  the  States,  would  instantly  dissolve  the  nation  ;  and 
destroy  every  obHgation  to  civil  and  social  duty.  This  our  en- 
emies see.  They  know  that  if  the  present  national  constitutiou 
was  dissolved,  the  United  States  could  never  again  exist  as  a  sove- 
reign and  independent  power  ;  but  must  fall  a  contemptible  vic- 
tim to  foreign  despots,  or  what  is  more  likely,  become  the  abject 
dependents  of  petty  tyrants  among  themselves.  Under  those 
circumstances,  our  contests  and  bloody  civil  wars,  which  might 
with  sound  reason  be  expected,  are  too  distressing  to  bear  a  de- 
scription. 

As  our  security,  and  even  our  existence,  cis  a  nation,  depend  on 
our  union  ;  and  as  a  union  cannot  be  preserved,  without  an  efficient 
vigorous  government,  it  is  very  extraordinary,  that  men,  under  any 
party  designation,  or  political  appellation,  should  assume  the  char- 
acter of  friends  to  their  country,  while  they  are  endeavouring  to 
destroy  the  national  union,  and  to  overthrow  the  principles  on 
which  the  federal  government  is  founded. 

To  furnish  powers,  with  whom  we  are  engaged  in  controversy, 
Tvith  arguments  against  us,  to  expose  to  them  our  weakness,  to 


GOVEI^NOH'S  SPEECH.  6^ 

originate  and  dress  up  new  claims,  which  those  powers  have  nev- 
er conceived  of — To  gratify  our  enemies  by  treating  our  own  gov- 
ernment wiih  contempt,  and  its  constitution  with  ridicule,  must  be 
a  strange  kind  of  patriotism.    If  this  is  the  buisness  of  men  ow- 
ing allegiance  to  their  country,  it  is  highly  criminal.     If  it  is  by 
a  few  foreigners  who  have  gained  a  residence  in  the  country,  as 
no  doubt  a  greater  part  of  it  may  be,  it  must  be  considered  as  a 
base  misuse  of  the  indulgence  they  derive  from  their  situation. 
Under  these  circumstances,  we  must  rely  upon  the  intelligence 
and  g-aod  understanding  of  the  great  body  of  American  citizens. 
They  know  that  men  will  differ  in  their  opinions,  on  the  princi- 
ples, and  the  administration  of  governments,  as  much  as  they  da 
in  their  statures  and  countenances  ;  and  that  the  exercise  of  a 
prudent  candour  is  necessary,  in  relinquishing  their  o\\'n,  and  ac- 
quiesing  in  the  opinion  of  a  constitutional  majority. 

It  is  time  that  our  eyes  were  opened,  not  only  to  our  danger,  but 
to  our  true  interest — It  is  time  that  we  had  become  one  people  ; 
■without  invidious  distinctions,  having  no  appropriate  appellation, 
but  that  of  American  citizens.  We  may  rely  upon  it  that  an 
elective  government,  can  never  destroy  our  nation,  or  overthrow 
our  liberties.  Yet  we  may  be  assured  from  the  nature  of  things, 
as  well  as  from  ancient  and  modern  history,  that  a  want  of  union 
among  ourselves,  will  iuevitaDly  involve  us  in  slavery  and  ruin,. 

Gentlemen, 
This  is  an  important  crisis  in  our  national  concerns.  Our  coun- 
try, filled  with  enterprize  and  industry,  delights  in  commerces 
but  lately  adverse  circumstances  have  opposed  themselves  to  its 
accustomed  success  ;  some  of  these  I  have  already  mentioned — ■ 
There  are  others  (among  which  may  be  numbered  an  unsubstan- 
tial and  excessive  medium)  which  have  resulted  from  the  econ- 
omy of  the  particular  States.  The  disastrous  consequences  flowinei; 
from  these,  are  now,  unfairly  ascribed  to  the  administration  of  the 
National  Government.  The  design  of  this  is  apparent — but  I 
am  happy  in  being  satisfied,  tliat  your  proceedings  and  sentiments 
in  this  session,  will  be  such,  as  shall  convince  our  foreign  and  do- 
mestic enemies,  that  Massachusetts  yet  liolds  her  very  Important 
rank  in  supporting  the  federal  government  on  its  own  principles, 
as  predicated  on  those  of  the  revolution  ;  and  that  no  circumstan- 
ces, however  perilous,  or  appearances  however  doubtful  and 
gloomy,  can  cause  this  Commonwealth  to  shrink  from  a  contest 
wherein  the  honour  and  independence  of  the  United  States  are 
dnnvn  into  question. 

JAMES  SULLIVAN, 


166  ANSWER  OF  THE  HOUSE. 

ANSWER  OF  THE  HOUSE  OF  REPRESENTATIVES. 

June  14,  1808. 
May  it  please  your  Excellency ^ 

On  few  occasions  have  the  Legislature  convened, 
under  circumstances,  claiming  more  just  solicitude,  or  more  deep 
interest.     Causes  beyond  our   control,  and  events  beyond  our 
foresight  have  changed  the  aspect  of  the  world,  and  annihilated 
relations,  cemented  by  the  force  of  ages.     Accustomed  to  consid- 
er the  Avars  of  Europe,  as  competitions  of  private  interest,  or  pub- 
lie  pride,  calculated  to  engage  the  passions  of  the  contending  par- 
ties, and  inoperative  beyond  them,  neutral  powers  have  calmly 
watched  the  issue,  and  buried  in  their  own  bosoms,  all  fear  and 
all  affection.   After  a  profuse  expenditure  of  blood  and  of  treasure, 
the  exhausted  combatants,  have  resumed  their  former  stations,  and 
ratified  their  peace,  by  treaties,  founded  on  ancient  rights,  and 
ancient  boundaries.     Hence,  though  war  has  desolated  its  plains^ 
with  unusual  frequency,  Europe,  until  lately  presented  to  the  Phi- 
losopher and  the  Statesman,  nearly  the  same  political  proportions, 
which  almost  two  centuries  since,  were  settled  as  the  basis  of  its 
sovereignties.     But  times  are  changed,  and  we  are  changed  A\ith 
them.     A  new  policy  has  stimulated  the  ambition,  and  a  new 
system  invigorated  the  spirit  of  conquest.     Power  has  assumed 
the  decision  of  right,  and  regulated  its  dominion  by  the  succesi; 
of  intrigue,  or  the  terror  of  violence.     Laws  hitherto  deemed  sa- 
cred and  immutable,  in  the  intercouse  of  nations,  have  been  si- 
lendy  worn  away  by  interpretation,  or  obliterated  by  royal  proc- 
lamations  and  imperial  decrees.     The  progress,  from  a  case  of 
exception,  to  a  general  precedent,  and  from  a  general  precedent, 
to  an  unbending  principle,  has  been  uniformly  accelerated  by  the 
success  of  arms,  and  the  acquiescence  of  peaceful  powers.     In- 
terest, and  not  reason,  has  promulgated  the  rule  and  the  argu  • 
inent  of  its  existence,   as  wtW  as  of  its  justice,  has  been  boldly 
inferred  from  the  policy  of  its  adoption.    A  self  conceived  neces- 
sity, measured  by  the  extent  of  force,  has  settled  not  merely  the 
comity,  but  the  rights  of  nations,  and  a  coertion  of  the  sword, 
has  quickened  a  reluctant  obedience. 

'Under  this  extraordinary  pressure  of  events,  a  desire  to  avoid 
the  calamities  of  war,  and  to  enjoy  the  advantages  of  an  honour- 
able neup-ality,  has  induced  the  United  States  to  submit  lo  many 


ANSWER  OF  THE  HOUSE.  "67 

infringements  of  their  rights,  and  many  irregular  exercises  of  bell- 
igerent authority.  Knowing,  that  in  a  struggle,  if  not  for  exis- 
tence, at  least  for  future  safety,  nations  with  m(;st  friendly,  inten- 
tions, are  at  times  compelled  to  harsh  conduct,  we  have  borne 
without  murmur,  ordinary  inconveniences.  We  love  peace,  be- 
cause we  have  known  the  miseries  of  war.  Wc  love  peace,  be- 
cause vi^e  have  neither  the  wish  nor  the  means  to  gratify  the  lust 
of  conquest.  We  love  peace,  because  we  have  felt  its  benefits, 
Our  commerce,  our  agriculture,  and  our  manufactures  are  nour- 
ished by  it.  We  love  peace,  because  it  is  essentially  the  char- 
acter of  a  free,  industrious,  and  frugal  people,  and  comports  with 
their  permanent  and  truest  interests.  But  there  is  a  point  beyond 
which  forbearance  becomes  pusillanimity  and  destruction.  If 
we  submit,  we  must  resign  our  national  sovereignty  ;  and  if  wc 
resist,  security  must  be  purchased  by  heavy  burthens.  It  i:»  a 
choice  of  evils,  which  the  wisest  cannot  avert,  and  the  bravest 
cannot  vanquish. 

To  this  crisis;  the  United  States  seem  rapidly  hastening.  The 
fate  of  other  nations,  should  admonish  us  to  use  our  means  of  de- 
fence with  promptitude  and  zeal.'  We  have  learned  a  lesson 
which  i^  every  way  important,  that  we  can  never  safely  rely  upon 
the  justice  of  nations,  and  that  ^  recognition  of  our  rights,  depends 
upon  our  ability  to  enforce  them.  True  policy  therefore  dictates, 
that  for  the  future,  whether  in  peace  or  in  war,  we  should  accumu- 
late naval  and  military  resources,  not  as  the  instrument  of  hostile 
aggression,  but  as  the  protection  of  national  dignity.  Some  persons, , 
at  the  present  moment,  are  ready  to  attribute  our  embarrassments 
to  the  policy  adopted  by  the  general  government  ;  but  the  true 
causes  are  rooted  in  Europe.  Tlx)ugh  remote,  we  are  not  be- 
yond the  reach  of  its  convulsive  movements,  and  when  kingdoms 
are  shaken,  or  created  by  a  word,  in  the  strength  of  our  own  arms, 
and  the  fortitude  of  our  own  hearts,  exists  the  sole  pledge  of 
our  safety. 

W^e  adopt  the  conduct  of  your  excellency  in  respect  to  our  na- 
tional government  ;    and  relying  on  theii'  fidelity,  and  on   their 
wisdom,  we  express  no  opinion,  as  to  the  principlefS  to  be  main-, 
tained,  or  the  measures  to  be  pursued.     We  most  cordially  agree^? 
that  a  generous  confidence  in  our  rulers,  and  an  inviolate  obedi- 
ence to  their  authority,  is  necessary  to  ensure    to  us,   domestic 
tranquillity  and  foreign  respect.     Errors  may  arise  ;  but  amidst 
all  the  collisions  of  opinions,  the  real  patriot,  should  never  forget, 
that  no  policy  can  be  fatal,  w^hich  maintains  against  all  fore ign'^iii 
fluence,  the  rights  and  the  honor  of  his  CQuntry.     A  comjtitution- 
I 


J66  ANSWER  OF  THE  HOUSE, 

al  remedy  lies,  to  correct  errors ;  but  disunion  and  distrust  which 
it  will  always  be  the  interest  of  foreign  nations  to  cherish  among 
us,  are  the  seeds  of  destruction,  which  we  sow  in  our  own  bos- 
oms, and  from  them  can  reap  a  harvest  only  of  confusion  or  slave- 
tyt  We  should  learn,  if  we  have  not  already,  bitterly  learned, 
that  there  exists  no  nation,  whose  attachment  to  us,  extends  be- 
yond its  own  particular  interests  ;  that  we  should  banish  all  undue 
partiality  and  animosity,  that  we  should  cultivate  widi  all,  an  hon- 
est friendship,  and  preserve  a  jealous  circumspection,  according 
to  the  character  and  the  conduct  of  their  rulers.  Among  ourselves, 
we  should  bury  all  party  distinctions  as  odious,  and  embrace  the 
politician  of  every  sect,  whose  path  is  illuminated  by  patriotism. 
Already  have  we  deeply  suffered  from  local  disputes.  Already 
have  Europeans  calculated  upon  our  internal  weakness,  and  meas- 
ured its  extent,  by  the  opposition  of  our  Councils.  The  hazard 
of  insult  and  offence,  has  been  materially  lessened,  by  an  apparent 
security  from  resentment.  "  It  is  indeed  time  that  our  eyes  were 
opened,  not  only  to  our  daiigers  but  to  our  true  interests. 

We  have  yet  a  confidence,  that  without  a  comj)romise  of  na- 
tional honor,  peace  may  be  preserved.  A  steady  and  sober  pol- 
icy, a  just  and  conciliatory  conduct,  and  a  resolute  and  inflexible 
independence,  will,  we  trust  cx)n^  -iice  foreign  powers,  that  we 
shall  not  take  counsel  of  our  fears,  or  of  our  passions.  It  cannot 
be  their  true  interest,  or  ours,  to  promote  hostilities.  A  liberal 
candor,  may  yet  render  a  resort  to  the  ultimate  decision  of  arms, 
unnecessary.  If  however  war  should  ensue,  (which  we  most  sin- 
cerely deprecate,)  we  may/ with  sober  confidence,  appeal  to  Heav- 
en, for  the  justice  ofour  cause..  In  such  an  event,  we  are  bold 
to  affirm,  th?'  Massachusetts^  will  not  shrink  from  its  duty  ;  but 
wdth  firm  and  honest  zeal,  awaken  its  revolutionary  spirit,  and 
support  the  national  administration,  with  all  its  civil,  and  all  its 
military  resources. 

We  are  happy  to  learn  from  your  Excellency,  the  flourishing 
state  of  the  militia  of  this  Commonwealth.  Their  disipline,  and 
correct  organization,  at  all  times  important,  is  at  the  present  mo- 
ment, peculiarly  interesting.  To  the  other  subjects  communica- 
ted, we  shall  give  an  immediate  attention  as  well  from  personal 
respect,  as  from  their  being  recommended  by  the  executive  de- 
partment. And  we  cannot  conclude,  without  expresing  to  your 
Excellency,  our  unfeigned  wish,  that  you  may  long  be  confirmed 
in  your  health  and  happiness,  for  the  benefit  of  your  friends,  and 
of  your  country. 


ANSWER  OF  THE  SENATE.  69 


May  it  please  your  Excellency,    . 

The  Senate  consider  your  recent  communications  to  both 
branches  of  the  Legislature  very  important,  and  highly  evincive 
of  your  great  attention  to  the  general  concerns  of  our  country, 
and  of  the  solicitude  you  feel  for  its  safety  and  happiness. 

A  correct  sense  of  the  genius  and  spirit  of  our  government, 
predicated  on  the  principles  of  the  revolution,  confederated  with 
others,  and  guaranted  republican,  by  a  national  constitution,  as 
displayed  in  a  former  speech  of  }'our  Excellency,  ought,  at  this 
crisis,  to  produce  for  the  connimon  good,  the  confiding  and  united 
efforts  of  every  friend  to  our  country. 

As  from  our  courts  of  law,  the  whole  community  justly  expect 
a  prompt,  cheap,  easy  and  impartial  admJnisti-ation  of  justice,  the 
Senate  will  never  withdraw  their  attention  from  the  JudiciE^ry, 
while  it  is  deemed  susceptible  of  any  improvement. 

Grand  and  Petit  Juries  forming  a  very  important  part  of  our 
Judicial  system,  too  mucl!^  deliberation  cannot  be  bestowed  on  the 
means  of  rendering  them  more  exalted  and  pure,  and  more  inde- 
pendent of  any  improper  influence.  On  their  ability  and  fidelity 
the  citizen  and  the  public  rely  much  for  their  rights  and  security. 

In  a  free  government,  unnecessary  exemptions  from  offices  and 
fluties  so  important,  should  be  considered  dishonourable. 

We  have  been  pleased  in  observing  the  countenance  and  en- 
couragement which  the  Commander  in  Chief  has  bestowed  on 
the  Militia  ;  and  at  this  important  and  portentious  crisis  of  our  na- 
tional affairs,  we  have  great  consolation  in  finding  their  Gonditio;i 
s  o  highly  respectable,  and  that  there  is  an  eniulation,  and  ardt'ut 
spirit  for  improvement  generally  prevailing  aniong  them.  The 
promptness  and  zeal  with  which  the  President's  late  requisition 
was  complied,  by  officers  and  soldiers,  are  honorable  to  ihis  State, 
and  the  nation  ;  and  may  be  considered  asp/'opipi  pled^'es  of  \Ahat 
Americans  are  capable,  when  roused  by  a  sense  of  danger  and  in- 
sults to  their  common  country,  and  arrayed  in  its  defence  at  the 
command  of  the  law. 

Any  modification  of  our  military  system^  which  may  lie  con^ 
sidered  an  improvement,  aud  such  arrangements  as^«i*e  suitable 
'tf>be  made  by  this  Commonwealth  for  the  defence  of  ouf-countr} , 
shfllii  have,  as  they  justly  merit,  the  pre-eminent  attentirr-  of  tht> 
:^^nate»  <>:     ' 


70  ANSVVEK  OF  THE  SENATE. 

As  the  occurrences  which  have  interrupted  our  pohtical  happi- 
ness and  prosperit}^,  and  have  imposed  on  our  National  Admin- 
istration, studious  to  preserve  peace  with  all  nations,  and  on  our 
government,  distinguished  for  its  moderation,  pacifiic  maxims 
and  strict  neutrality,  the  necessity  of  providing  the  mean^  of  re- 
pelling ag'gressions,  do*till  continue  to  be  subjects  of  national  ne- 
gociation  ;  every  honest  and  patriotic  tiiizen  will  acknowledge 
that  a  confidence  in  our  rulers,  and  a  support  of  their  measures, 
is  essentially  rsquisite  to  ensure  public  safety. 

Mingled  with  the  adverse  appearance  of  our  foreign  relations 
and  concerns,  arc  many  propitious  circumstances  productive  of 
enjoyment  and  gratulation,  for  which  we  have  great  cause  to  be 
thankful. 

When  moral  rights,  a  liberal  policy,  or  the  ihost  obvious  prin- 
ciples of  conimon  justice,  shall  be  respected  by  belligerents, 
they  will  cease  to  blockade,  by  proclamations  and  words  only, 
the  commerce  of  neutral  nations.  However  grievous  and  af- 
flictive the  Embargo  may  be  judged,  which  at  this  moment  arrests 
'the  Customary  progress  and  profits  of  our  enterprising  fellow  citi- 
zens, yet  it  can  be  but  trivial  in  the  reflections  of  real  patriotism, 
compared  with  the  idea  of  a  capture  o^  their  property,  and  of  our 
seamen ;  and  of  both  being  rendered  subservient  to  the  nefarious 
work  of  violating  the  peace  and  rights  of  our  own  people. 

Under  circumstances  so  critical,  interesting  and  portentious  as 
that  statesmen  of  the  deepest  reflections,  wisdom  and  experience, 
are  able  to  select  measures  by  reasoning  on  their  probable,  not 
certain  results  ;  it  becomes  every  citizen  to  acquiesce,  with  calm- 
ness and  confidence,  in  the  deliberations  of  the  constituted  au- 
thorities. In  great  public  emergencies,  the  excercise  of  patience 
and  firmness,  and  a  compliance  with  governmental  decisions,  is 
doubly  a  duty.  An  obstinate,  unyielding  opposition,  and  a  prone- 
ness  to  rash  and  indiscriminate  censure,  are  licentious  indulgen- 
cies  in  all  free  governments.  Deeply  impressed  with  a  sense  of  the 
pernicious  tendencies  of  such  hostilities  against  our  constituted  au- 
thorities, our  surprise  is  equalled  only  by  our  regrets,  that  any 
should  be  found  among  us  wishing  and  endeavouring  for  the  de- 
struction of  the  national  union,  and  the  principles  on  which  our 
national  government  is  founded.  The  demerits  of  such  proceed- 
ings can  be  exceeded  only  by  the  political  depravity  of  the  motives 
which  may  have  influenced  them.  Such  men,  wherever  born, 
or  resident,cannot  be  American.  There  is,  however,  a  comfort 
and  satisfaction  in  believing  that  this  is  not  their  country.  The 
f<^V'  who  are  capable  of  aiding,  with  arguments,  the  powers  in 


ANSWER  OF  THE  SENATE,  71 

controversy  against  us  ;  of  originating  and  urging  new  claims  ia 
their  favor,  and  of  treating  our  government  and  constitution  with 
ridicule  and  contempt,  must  indeed  be  foreigners  and  aliens — 
and  strangers  to  the  pririciples  of 'aii  indill^nt  and  forbearing;  na- 
tion. 

The  sacred  right  of  reasoning  and  expressing  our  sentiments 
on  subjects  of  a  public  concernment,  is  among  the  last  a  free  peo- 
ple will  ever  yield  ;  but  we  agree  with  your  Excellency  in  exclud- 
ing  from  this  constitutional  right  .a  ^license  for  wicked  men  to  in- 
vite and  encourage  foreign  powers  to  invade  our  liberties,  or  our 
country — or  insidiously  to  plot  a  change  of  the  nature  of  our 
government  i  for  the  preservation  of  which,  this  right  was  estab- 
lished and  rendered  sacred.  Such  seditious  and  dangerous  prac- 
tices claim,  and  cannot  fail  ofreceiving  from  our  courts  of  justice, 
the  prompt  and  necessary  animadvertions  of  the  law. 

We  believe  with  you,  sir,  that  could  individuals  divest  them- 
selves of  their  political  prejudices,  and,  become  indifferent  to  the 
invidious  distinctions  with  which  they  have  been  characterized, 
so  as  coolly  and  faithfully  to  eonsult  their  true  interest  and  duty, 
as  citizens,  and  their  consciences,  as  christians— our  elective 
governments  would  long  continue  unimpaired,  and  our  liberties 
be  permanently  secure  :  but  that  disunion,  and  its  concomitant 
evils,  may  speedily  produce  the  overthow  of  both. 

Whatever  ti  ials  and  conflicts  may  be  in  reserves  for  our  nation; 
however  appearances  may  become  doubtful,  gloomy  and  peril- 
ous, we  confidently  flatter  ourselves,  that  Massachusetts  will 
evince  to  the  world  her  determination  to  be  prepared  for  the 
worst  events,  and  that  she  will  never  shrink  from  a  necessary 
contest  to  maintain  the  honor  and  independence  of  the  United 
States. 

IJV  SENATE— January  26thy  1808. 

Read  and  accepted,  and  Ordered  that  Mr.  Gannett,  Mr. 
Perry,  and  Mr.  Gray,  be  a  Committee  to  present  the  same  to 
}iis  Excellency  the  Governor. 

SAMUEL  DANA,  PreWw?.,! 


MESOILVES. 


LXIX. 

Resolve  for  the  deliver y  of  the  copies  of  the  comtttutwns  of  this 
State,  and  the  United  States  lately  printed,  and  bound  for  the  use 
of  the  Government,  Jan.  9th,  1808. 

Resolved.  That  the  books  containing  copies  of  the  constitu- 
tionsofthis  Commonwealth,  and  of  the  United  States,  which 
have  been  printed  for  the  use  of  this  Government,  be  deposited 
in  the  Secretary's  office.  And  the  Secretary  is  hereby  directed 
to  deUver  a  sufficient  number  of  said  books,  for  the  use  of  his 
Excellency  the  Govtriwr,  his  Honor  the  Lieu.  Governor,  and 
the  members  of  the  honorable  Council,  for  the  time  being,  while 
in  session.  And  the  Secretary  is  further  directed  to  deliver  to 
the  messenger  of  the  General  Court  a  sufiicient  number  of  said 
books,  for  the  use  of  the  members  of  the  Senate,  and  House  of 
Representatives,  for  the  time  being,  while  in  session.  The  mes- 
senger to  take  care  of  the  books  last  mentioned,  during  e\'ery  re- 
cess of  the  Coiirt, 

LXX. 

Resolve  on  the  petition  of  Allen  Crocker.     Jan.  \4th,  1808. 

On  the  petition  of  Allen  Crocker,  praying  for  reasons  set  forth  in 
said  petition,  that  the  Treasurer  m^iy  be  directed  to  fund,  agree- 
ble  to  a  law  of  this  Commonwealth,  one  moiety  of  two  notes  now 
in  his  possession  for  Thirty  seven  hundred  and  twenty  dolhars, 
given  to  the  heirs  of  the  late  James  Otis,  Esq.  by  a  special  resolve 
of  the  SihJune,  1792. 

Resolved,  That  the  Treasurer  of  this  Commonwealth,  be  and  he 
hereby  is  directed  to  receive  of  the  said  Allen  Crocker,  the  two 
notes  in  his  possesion,  and  pay  thirty  six  percent,  of  the  princi- 
ple with  interest,  to  the  first  o^  January  1808,  and  issue  to  said 
Crocker  a  new  note  for  the  balance,  bearing  an  interest  of  five 
per  cent,  per  annum. 


HESQiLVES,  January  iSOB.  *f^ 


LXXI. 

Resolve  for  paying  Thomas  JFallcut^  Sixty  Dollars. 
Jan.  Uth,  1808. 

Jiesolved,  That  sixty  dollars  be  allowed  and  paid  out  of  the  pub- 
lic treasury  to  Thomas  Wallcut,  in  full  for  writing  done  for  the 
House  of  Representatives  in  the  recess  of  the  Legislature,  ac- 
cording to  his  account  herewith  exhibited. 

LXXII. 

Mesolvefor  the  pay  of  the  Members  of  the  Council  and  Legisla- 
ture.    Jan.  I4ih,  1808. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  treasury  of 
this  CommoBwealth  to  each  of  the  Members  of  the  Council,  sen- 
ate, and  House  of  Representativs,  two  dollars  per  day,  for  each 
day's  attendance  the  present  session,  and  the  like  sum  for  every  ten 
jniles  travel  from  their  respective  places  of  abode,  to  the  place  of 
the  sessions  of  the  Legislature.  An^  be  it  further  resolved^  That 
there  be  paid  to  the  President  of  the  Senate,  and  the  Speaker  of 
the  House  of  Representatives,  each,  two  dollars  per  day  for  each, 
and  every  day's  attendance, over  and  above  their  pay  asmembers» 

Lxxin. 

■Resolve  authorizing t  Sarah  Oliver^  of  Salem  to  sell  and  convey  es- 
tate of  certain  Minors*     Jan.  14th,  1808. 

Upon  the  petition  of  Sarah  Oliver,  of  Salem,  in  the  County  of 
Essex,  widow,  mother,  and  guardian  of  Daniel  Oliver,  Ben- 
jamin Lynde  Oliver,  jun.  Sally  P.  Oliver,  and  Elizabeth  D.  B- 
Oliver,  minors,  stating  that  the  said  minors,  as  heirs  of  their 
Grandfather,  Andrew  Oliver,  Esq.  are  entitled  to  one  undivided 
twentieth  part  each,  of  and  in  certain  parcels  of  land  tenements, 
and  hereditaments,  whereof  the  said  Andrew  Oliver  was  legally 
seized  in  his  life  time,  and  afterwards  disseized,  and  praying  that 
she  may  be  authorized  to  sell,  release,  and  convey  all  the  right 
and  title  of  said  Minor£,  in  and  to  said  lands,  tenements,  and  he- 
reditaments, unto  the  tenants  thereof. 

Jiesolved  for  reasons  set  forth  in  said  petitio?t,  That  the  said 
Sarah  Oliver,  guardian  as  aforesaid,  be,  and  hereby  is  autliorized 
to  sell,  release  and  convev,  for  sti.ch  consideration  or  considera- 


74.  RESOLVES,  January  180S. 

tions,  as  she  may  deem  meet,  atpri\ate  sale,  all  the  right,  title  and 
interest  of  said  Minors,  in  and  to  the  lands  tenements  and  hered- 
itaments, whereof  the  said  Andrew  Oliver  was  seized  in  his  life 
time,  and  afterwards  died  disseized  as  aforesaid,  unto  the  tenant 
or  tenants  thereof  respectively,  or  to  any  person  or  piTsons  now 
in  possesion  thereof,  claiming  title  thereto  since,  and  to  make, 
and  execute  and  acknowledge  any  deed  or  deeds  in  this  behalf, 
proper  or  necessary  ;  Provided  however^  that  the  said  Sarah  Ol- 
iver shall  before  such  sale  or  sales,  give  bond  with  sufficient  sure- 
ty or  sureties  to  the  Judge  of  Probate  of  the  said  County  of  Es- 
sex to  account  for  the  proceeds  of  such  sale  or  sales  according 
to  law. 

LXXIV. 

Jlesolve  appo'mting  a  Committee, to  adjust  the  Treasurer'* s ac- 
counts.    Jan.  20th,  1808. 

Jiesolved,  That  the  Hon.  Mr.  Titcomb,  Mr.  Harris,  of  Charles- 
town,  and  Mr.  Heath,  of  Roxbury,  be  a  Committee  to  examine 
and  adjust  the  accounts  of  Thompson  J.  Skinner,  Esq.  Treasur- 
er  of  this  Commonwealth,  from  the  time  of  his  appointment  to 
said  office,  to  the  thirtieth  of  June,  one  thousand  eight  hundred 
and  seven,  inclusively.  And  the  said  Committee  arc  directed 
and  empowered  to  deface  all  notes,  and  due  bills,  orders  or  oth- 
er obligations,  issued  under  the  authority  of  this  Commonwealth, 
by  any  Officer  thereof,  which  have  been  redeemed  by  thcTreas* 
urer  during  the  time  aforesaid,  and  to  report  an  account  of  their 
proceedings  to  the  present  General  Court. 

LXXV. 

Resolve  authorizing  the  Committee  for  procuring  the  printing  of 
Colony  LaivSy  to  employ  a  Clerk,  and  to  receive  records  S^c.  of 
the  Secretary.  Ja?u  20th,  1808. 

Resolved,  That  the  Committee  appointed  by  a  resohe  of  the 
Legislature  passed  the  nineteenth  day  of  January,  in  the  year  o\ 
our  Lord  one  thousand  eight  hundred  and  seven,  to  contract  for 
the  printing  of  the  general  laws  of  the  late  Colony  and  Province 
of  Massachusetts  Bay,  be  authorized  to  employ  a  Clerk  to  trail 
scribe  the  same,  or  such  parts  thereof  as  they  may  judge  expc 
dient,  and  to  allow  such  Clerk  a  suitable  compensation  therefor, 
and  that  the  same  Committee  be  authorized  to  receive  from  the 
Secretary  of  this  Commonwealth,  any  records  of  such  laws,  inth"? 


liESbLVES,  January  1808.  75 

department  of  State,  which  said  Committee  may  deem  proper  to 
effectuate  the  purposes  of  their  Commission,  and  the  said  Secretary 
h  hereby  required  to  deliver  the  same  to  the  said  Committee 
accordingly^  the  said  Committee  giving  a  receipt  to  the  Sccreta-, 
ry  therefor,  to  be  accountable  for  the  same  records  ;  and  to  return 
them  when  no  longer  necessary  for  the  use  of  said  Committee, 

LXXVI.  • 

Jiesolve  directing  the  Secretary  to  have  reprinted  the  laws  of  the 
three  last  sessions  of  the  General  Courts  so  that  the  pages  be 
numbered  in  regular  progression  to  Jive  hundred^  or  as  near  that 
number  as  may  be  to  complete  a  session.     Jan.  20th.,  1808. 

Whereas  the  Laws  of  this  Commonwealth ^  passed  at  the  three 
last  sessions  of  the  Legislature  have  been  by  mistake  printed 
with  a  distinct  and  several  paging,  arid  not  with  a  paging  ascen- 
ding in  a  arithmetical  series,  as  has  been  always  before  the  same 
sessions  practised. 

Resolvedi  ThsX  the  laws  so  passed,  at  said  thrde  last  sessions^ 
be  reprinted  by  the  printer  of  the  Commonwealth,  under  the  di- 
rection of  the  Secretary  thereof,  in  one  pamphlet,  of  the  Same  size 
of  the  Octavo  volumes  of  the  General  Laws  and  to  be  well  sew- 
ed and  covered  with  blue  paper,  pasted.  And  that  the  paging  be 
continued  from  the  first  page  thereof,  through  the  said  pamphlet, 
in  an  ascending  arithmetical  series ;  and  that  hereafter  all  the  Laws 
passed  at  each  session  of  the  Legislature,  shall  be  paged  in  a  con- 
tinually ascending  arithmetical  series,  until  the  number  of  pages 
shall  anlount  to  five  hundred,  or  as  near  as  may  be  thereto,  re- 
gard being  had  to  the  printing  of  all  the  laws  passed  in  the  same  ses- 
sion, in  the  same  series,  and  when  so  often,as  the  number  of  pages 
shall  amount  to  five  hundred  regard  being  had  as  aforesaid,  the 
same  shall  be  considered  as  constituting  a  volume  ;  and  a  proper 
title  page,  and  a  large  copious  analytical  index  to  such  volume, 
shall,  at  the  expense  of  the  Commonwealth,  be  prepared  by  the 
Secretary  of  the  Commonwealth,  or  under  his  direction,  and  shall 
be  annexed  to  and  printed  with  the  last  number  of  laws  constitu- 
ting such  volume,  and  such  index  shall  conform,  as  near  as  may 
be,  to  the  plan  of  the  index  annexed  to  the  volumes  of  laws  pub- 
lished pursuant  to  a  resolve,  passed  the  twenty-eighth  day  of  Feb- 
ruary in  the  year  of  our  Lord  one  thousand  seven  hundred  and 
ninety -nine.  And  for  the  more  easy  citation  of  the  laws  of  the. 
General  Court,  B^e  it  further  resolved,  That  all  the  acts  pas- 

K 


76  RESOLVES,  January  1808. 

s,ed  by  the  same  Legislature,  between  the  General  Election  of 
any  one  year,  and  the  next  succeeding  General  Election,  shall 
be  deemed  Chapters,  and  numbered  in  a  series  arithmetically 
progressing  from  the  first  to  the  last  act,  so  passed  by  the  same- 
Legislature.  And  be  it  further  resolvedy  That  hereafter  all  re- 
solves of  the  Legislature,  passed  at  any  sessions  thereof,  shall  be 
printed  and  indexed  in  the  same  manner.  And  further  the  Sec- 
retary aforesaid  shall  cause  a  temporary  index  to  be  s  inexed  to 
the  laws  and  resolves  passed  at  every  sessions  of  the  Legislature, 
until  the  same  shall  constitute  a  volume  as  aforesaid. 

Lxxvn. 

Hesolve  granting  Charles   Turner  four  hundred  and  eighty-six 
dollars  and  fifty  cents.    Jan.  2\st.  lS08. 

The  Committee  of  both  Houses  appointed  to  examine  the  ac- 
count of  Charles  Turner,  jun.  Esq.  Agent  to  explore  and  mark 
out  a  route  from  Penobscot  river,  to  the  eastern  line  of  the 
Commonwealth,  ask  leave  to  report,  that  upon  the  examination 
of  the  said  Turner's  account,  the  expense  attending  said  survey, 
amounts  to  nine  hundred  and  eighty-six  dollars,  and  fifty  cents, 
of  which  sum  he  has  received  five  hundred  dollars,  by  virtue  of 
a  resolve  passed  the  20th,  of  June,  1807,  leaving  a  balance  due 
to  said  Turner  of  four  hundred  and  eighty. six  dollars  and  fiit}- 
cents. 

Therefore  resolved^  That  the  Governor,  with  the  advice  of  the 
Council  be  requested  to  draw  his  warrant  on  the  Treasurer  in 
favour  of  said  Turner,  for  the  sum  of  four  himdred  and  eighty- 
six  doUai's  and  fifty  cents  to  be  in  full  for  said  account. 

Be  it  further  resolved^  That  the  plan  of  said  road,  exhibited 
by  said  Agent,  be  deposited  in  the  land  ofiicc  of  this  Common- 


wealth. 


Lxxvni. 


J^esolve  granting  half  a  Township  of  land  td  the  town  of  Glouces- 
ter^ they  to  make  a  harbour  at  the  northeastern  part  of  said 
town.  Jan.  22t/.  1808. 

Whereas  it  has  been  represented  to  this  Court  that  a  convenient 
harbour  may  be  conveniently  made  upon  the  northeastern  part  of 
the  town  of  Gloucester,  at  the  foot  of  Pigeon  Hill  (so  called)  by 
filling  up  a  gap  between  a  point  of  land,  called  the  Pilions  and  the 
great  leage  at  the  mouth  of  Pigeon  Cove,  about  twenty  rods  up- 


RESOLVES,  January  1808.  77 

on  a  rocky  foundation ;  and  it  appears  that  such  a  measure  would 
be  attended  with  public  advantage. 

Resolved^  That  for  the  purpose  of  filling  up  said  gap,  and  making 
said  harbour  convenient,  there  is  hereby  granted  to  the  said  toMn 
af  Gloucester,  for  the  purpose  aforesaid,  one  half  a  township  of 
land,  six  miles  square,  to  be  laid  out  and  assigned  to  them  by 
the  agents  for  the  sale  of  eastern  lands,  out  of  any  unappropriat- 
ed lands  in  the  district  of  Maine,  with  usual  reservations  artd  re- 
strictions ;  excepting  the  ten  townships  of  land  on  Penobsoct  rtV- 
er  purchased  of  the  Indians. 

Provided  however,  that  the  avails  of  said  land  shall  be  laid  otit, 
and  expended  for  the  purposes  aforesaid,  under  the  direction  of  an 
agent,  to  be  appointed  by   his  Excellency  the   Governor. 

And  provided  also,  that  the  town  of  Gloucester  shall  cause 
the  said  half  township  to  be  surveyed  and  located,  and  a  plan 
thereof  returned  into  the  Land  Office,  within  the  term  of  three 
years. 

LXXIX. 

Resolve  directing  the  distributio?i  of  the  laws  passed  at  the  Jirst 
session  of  the  ninth  Congress.     Jan.  26,  1808. 

Resolved,  That  the  copies  of  the  Laws  of  the  United  States 
of  the  first  session  of  the  ninth  Congress,  be  distributed  in  the 
following  manner,  by  the  Secretary,  viz.  To  the  clerk  of  each 
town  or  district,  and  to  the  assessors  of  each  plantation  within 
this  Commonwealth,  M-hich  pay  a  State  tax,  one  copy  for  the 
use  of  such  town,  district,  or  plantation  ^  to  each  county  clerk 
of  the  Supreme  Judicial  Court,  one  copy;  to  each  clerk  of  the 
Courts  of  Common  Pleas  and  General  Sessions  of  the  peace  one 
copy  for  the  use  of  their  respective  Courts,  witlim  the  several 
Counties;  to  each  Judge  of  the  Supreme  Judicial  Court,  one 
copy;  to  the  Sheriff  of  each  county,  and  to.  the  Judges  of  Pro- 
bate in  the  several  counties,  one  copy  each;  to  the  Attorney 
General,  Solicitor  General,  Quarter  Master  General,  and.  Ad- 
jutant General,  one  copy  each,  to  the  Register  of  Deeds,  and' to 
the  Register  of  Probate  for  each  County,  one  copy  e*ch,  for  tiie 
use  of  their  respective  Offices,  and  to  each  county  Attorney,  one 
copy  ;  to  each  Major  General  one  copy  ;  to  the  University  at 
Cambridge  one  copy  ;  to  William stown  and  Bowdoin  Colleges^ 
the  American  Academy  of  Arts  and  Sciences,  and  tlie  Historical 
Society,  one  copy  each :  to  his  Excellency  the  Goverhcr,  his 
Honor  the  Lieu.  Governor,  each  of  the  Members  of  the  present 


78  RESOLVES.  January  1808. 

Honorable  Council,  to  the  President  of  the  Senate,  and  the  Speaks 
er  of  the  House  of  Representatives,  and  to  each  Member  of  the 
present  General  Court,  one  copy;  to  the  Treasurer,  the  Secretary, 
^lerk  of  the  Senate,  and  a  Clerk  of  the  House  of  Representatives, 
one  copy  each. 

And  he  it  further  resolved.  That  upon  the  death,  resignation,  or 
removal  from  office  of  cither  of  the  said  Clerks,  of  the  aforesaid 
towns  or  disuicts,  or  law  courts,  Judges  of  Probate,  Sheriffs, 
Treasurer,  or  either  of  the  assessors  of  Plantations,  Attorney 
General,  Solicitor  General,  Major  Generals,  Adjutant  General 
and  Quarter  Master  General,  also  either  of  the  said  Registers  of 
Deeds,  and  county  Attornies  ;  he  or  his  executors  or  adminis- 
Irators  respectively,  shall  be  held  and  obliged  to  deliver  over  the 
same  to  his  siiccessor  in  office,  for  the  use  of  their  several  offices. 

LXXX. 

Resolve  increasing  the  Pension  of  Samuel  Grant.  Jan,  21th  1808. 

Resolved,  That  the  Pension  of  Samuel  Grant  shall  in  future  be 
seventy-five  dollars  annually,  to  commence  on  the  first  day  of  June 
last ;  and  his  Excellency  the  Governor,  with  the  advice  of  Coun- 
cil, is  requested  to  issue  a  warrant  on  the  Treasury  accordingly. 

LXXXI. 

Resolve  granting  Timothy  Dix^jun.  liberty  to  sell  Lottery  Tick- 
ets.    Jan.  30th,   1808. 

Whereas  from  the  petition  of  Timothy  Dix,  jun.  and  the  maps 
and  documents  accompanying  the  same,  it  api^ears  that  a  road  to 
pass  from  Colebrook,  on  Connecticut  river,  through  the  northern 
notch  (so  called)  of  the  White  Hills,  to  the  eastern  markets ; 
would  make  an  actual  saving  of  more  than  forty  miles  travel,  that, 
to  make  the  same  through  said  notch,  a  good  carriage  road,  would 
be  attended  with  more  expense  than  could  reasonably  be  requi- 
red or  expected  from  new  settlers,  or  the  proprietors  of  the  lands. 

That  said  road  would  prove  of  great  public  utility,  partic- 
ularly to  that  portion  of  the  community,  who  are  situated  in  the 
district  of  Maine.  And  whereas  the  Legislature  of  the  State  of 
Kew  Hampshire  from  a  consideration  of  these  premises,  did  by 
an  Act,  passed  June  18th,  1807,  grant  unto  the  said  Timothy  Dix, 
junior,  leave  to  raise  by  a  public  lottery  the  sum  of  three  thou- 
thousand  dollars  j  which  act  provides  that  the  said  Dix  shall  give 


RESOLVES,  January  1808.  1^ 

bonds  with  sufficient  sureties  in  the  sum  of  six  thousand  dollars, 
conditioned  for  expending  said  money  upon,  and  making  said 
road  through  the  said  notch  to  the  acceptance  of  the  Judges  of 
the  Court  of  Common  Pleas,  for  the  county  of  Coos,  And  fur- 
ther provides  that  the  said  Dix  shall,  before  the  appointment  of 
the  managers  of  said  lottery,  obtain  leave  to  expose  to  sale  tickets 
in  said  lottery,  and  to  draw  the  same  within  this  Commonwealth. 
Therefore, 

Resolvedy  Thc'.t  the  said  Timothy  Dix,  jun.  have  leave  to  ex- 
pose to  sale  tickets  in  said  lottery,  and  to  draw  the  same  in  any 
town  or  place  within  this  CommonwealtH,  Provided^  that  the 
said  Dix  shall  give  bonds  in  the  sum  of  six  thousand  dollars  to 
the  Treasurer  of  this  Commonwealth,  conditioned  for  laying  out 
said  sum  of  three  thousand  dollars  upon,  and  making  said  road 
through  said  notch,  a  good  cart  and  waggon  wheel  road,  to  the 
acceptance  of  the  said  Judges  of  the  Court  of  Common  Pleas  for 
the  county  of  Coos.  Provided  further^  that  the  managers  of 
said  lottery  shall  give  bonds  in  the  sum  of  six  thousand  dollars 
to  the  Treasurer  of  this  Commonwealth,  conditioned  for  making 
sale  of  no  more  tickets  than  is  necessary  for  raising  the  said  suin 
of  three  thousand  dollars,  exclusive  of  the  expenses  thereof,  and 
for  rendering  an  account  to  the  General  Court  of  this  Common- 
wealth of  all  their  doings,  and  of  all  charges  by  them  made  and 
allowed  by  the  18th  day  of  June,  Anno  Domini,  1810. 

LXXXII. 

Hesolve  o?i  the  Petition  oj* Thomas  Ruggles  and  others^  for  a  com- 
pany of  Cavalry  in  Columbia  and  Steuben*    Jem.  30///,  1808. 

Resolved  J  That  his  Excellency  the  Governor,  with  the  advice 
of  Council,  be  authorized  and  requested  to  raise  by  voluntary 
enlistment,  a  troop  of  cavalry  in  the  towns  of  Columbia  and 
Steuben,  in  the  county  of  Washington,  within  the  first  Regi- 
ment, in  the  second  brigade,  and  tenth  division  of  the  militia 
of  this  Commonwealth  ;  Provided,  the  standing  companies  in 
said  regiment  are  not  reduced  below  the  number  required  by- 
law. And  the  said  troop  shall  be  subject  to  all  such  rules  and 
restrictions  as  are  or  may  be  provided  by  law  fo  r  governmg  the 
militia  of  this  Commonwealth. 


8t)'  RESOLVES,  Februaiy  180^ 

LXXXIII. 

Resolve  o?i  the  Petition  of  JFtlliam  Stoddard.      Feb.  2d,  1808. 

On  tlie  Petition  of  William  Stoddard,  praying  that  further 
time  may  be  allowed  to  the  creditors  of  Samuel  Merrill,  late  of 
North  Yarmouth,  in  the  county  of  Cumberland,  to  brin^  in  and 
prove  their  claims  against  said  estate  bi^fore  the  Commissioners 
who  have  been  appointed  thereon,  for  reasons  set  forth  in  said 
petition  : 

Resolved,  that  the  Judge  of  Probate  for  the  county  of  Cum- 
berland be,  and  hereby  is  authorized  and  empowered  to  grant 
and  allow  a  further  time  of  one  month,  to  commence  on  the  first 
Tuesday  of  February  next,  to  the  creditors  of  the  said  Samuel 
Merrill,  to  bring  and  prove  their  claims  against  said  estate  be- 
fore the  Commissioners  who  have  been  appointed  to  receive  and 
examine  the  same,  though  the  time  allo^\•cd  by  law  has  elapsed. 

LXXXIV. 

Resolve  allowing  the  Quarter  Master  General  Jive  hundred  and 
fifty  dollars  to  defray  the  expenses  of  Penobscot  Indians. 
February  2d,  1808. 

Resolvedy  That  there  be  paid  to  Amasa  Davis,  Esq.  Quarter 
Master  General,  the  sum  of  five  hundred  and  fifty  dollars,  for 
the  puqDose  of  discharging  all  such  necessary  and  reasonable  ex- 
penses, as  may  have  been  or  miy  be  incurred  by  any  of  the 
Chiefs  of  the  Penobscot  tribe  of  Indians  on  a  visit  to  the  town  of 
Boston,  during  the  present  session  of  the  legislature,  and  also  for 
the  purpose  of  paying  for  any  presents,  which  his  Excellency 
the  Governor  may  think  proper  to  make  to  said  Indians,  he,  said 
Quarter  Master  General  to  be  accountable  for  the  expenditure 
of  the  same;  and  that  his  Excellency  the  Governor  with  the  ad- 
vice of  the  Council,  be  requested  to  draw  his  warrant  upon  the 
Treasurer  for  the  aforesaid  sum  of  five  hundred  and  fifty  dollars 
accordingly. 

LXXXV. 

Resolve  on  the  petition  of  Bartlett  Holmes  and  otJiers. 
February  2,  1808. 

Resolved,  That  his  Excellency  the  Governor,  with  the  advice 
of  Council,  be  and  he  is  hereby  authorized  and  requested  to  raise 
by  voluntary  enlistment  a  Company  of  Artillery  in  the  Xowa,  of 


RESOLVES,  February  1808.  81 

Falmouth,  in  the  county  of  Cumberland  ;  within  the  first  regi- 
ment, in  the  second  brigade,  and  sixth  division  of  the  militia 
of  this  Commonweakh.  Provided  the  standing  companies  in  the 
said  town  of  Falmouth  shall  not  be  reduced  below  the  number 
required  by  law ;  and  said  company  shall  be  subject  to  all  such 
regulations  and  restrictions  as  are  or  may  be  provided  by  law  for 
the  government  of  the  militia  of  this  commonwealth. 

LXXXVI. 

Resolve  on  the  petition  of  the  Selectmen  of  New  Bedford. 
February  2,  1808. 

Whereas  #ie  Selectmen  of  the  town  of  New  Bedford,  in  the 
county  of  Bristol,  have  petitioned  the  Legislature  that  the  Trea- 
surer of  this  Commonwealth,  may  be  directed  to  stay  an  execution 
now  in  the  hands  of  the  Sheriff  of  Bristol,  against  Stephen  Cun- 
nbgham,  for  one  thousand  and  eighty-six--  dollars,  thirty-three 
cents,  on  the  tax  of  the  said  town,  for  the  year  one  thousand, 
eight  hundred  and  six.  Be  it  resolved  for  the  reasons  set  forth 
in  said  petition  that  the  Treasurer  be,  and  he  is  liereby>ordered  to 
stay  any  further  process  on  said  execution  for  the  term  of  one 
year  from  the  passing  of  this  resolve. 

LXXXVII. 

Resolve  on  the  petition  of  the  tomonof  Nexvrij. 
February  3,  1808. 

On  the  petition  of  the  town  of  Newr}^  stating  that  on  the  sev= 
enteenth  day  of  February  in  the  year  of  our  Lord,  eighteen 
hundred  and  six,  Josiah  Russell  one  of  the  Selectmen  of  said 
town  drew  his  warrant,  directed  to  Ithiel  Smith,  jun.  therein  and 
thereby  requiring  him  to  notify  and  warn  the  freeholders  and  oth- 
er inhabitants  of  said  town,  quahfied  to  vote  in  town  meetings  to 
assemble  on  the  fourth  day  of  March  in  the  year  aforesaid,  for  the 
,purpose  of  choosing  town  officers,  &c.  who  duly  served  the  same, 
and  that  said  warrant  at  the  time  of  the  service  of  the  same,  was^ 
only  signed  by  one  of  the  Selectmen  of  said  town,  nor  until  the* 
day  previous  to  the  meeting  of  the  inhabitants  of  the  said  town, 
pursuant  to  said,  warrant,  and  praying  that  the  doings  and  pro- 
ceedings of  said  town  may  b^  radfied  and  confirmed,  the  neglect 
of  the  other  Selectmen  of  said  town  in  not  seasonably  signing 
■said  warrant,  notwithstanding. 


fJ2  RESOLVES,  February  1808. 

Resolved,  That  the  doings  and  proceedings  of  said  t6wn  of 
Newry,  at  said  meeting,  and  all  subsequent  meetings  of  said  town 
be  ratified  and  confirmed,  and  be  deemed  and  held  good  and  valid 
in  all  respects,  and  in  the  same  manner,  as  if  said  warrant  at  the 
time  of  the  service  had  been  signed  by  all,  or  a  majority  of  the 
Selectmen  of  said  town. 

LXXXVIII. 

Resolve  on  the  petition  of  Oliver  and  Seth  Smith. 
February  6,  1808. 

Whereas  Oliver  Smith  and  Scth  Smith,  guardians  of  Ebene- 
Zer  Marsh,  have  petitioned  this  Court,  shewing  mat  the  said 
Marsh  is  seized  in  fee  of  two  certain  parcels  of  wood  land,  situate 
in  Hadley,  in  the  county  of  Hampshire,  one  parcel  containing 
about  sixteen  acres,  and  bounded  east  and  west  by  high  ways, 
south  by  lands  of  Daniel  Cook,  and  north  by  land  of  Perez 
Smith,  and  lying  in  the  third  division  of  inner  commons  there,  the 
other  parcel  containing  about  three  Acres,  bounded  cast  by  an 
highway,  North  by  lands  of  the  heirs  of  Timothy  Stockwell, 
west,  by  land  of  Eliphalet  Marsh,  and  south  by  land  of  Perez 
Smith,  and  lying  in  the  second  Division  of  Inner  Commons  there, 
and  that  it  would  be  greatly  for  the  interest  of  their  said  ward  that 
the  same  parcels  of  lands  should  be  sold,  and  the  full  value  thereof 
vested  in  meadow  land  for  his  use,  and  praying  that  they  may  be 
authorized  to  piake  sale  of  the  said  parcels  of  Land  for  that  pur- 
pose. 

It  is  therefore  Resolved,  That  the  said  Oliver  Smith  and  Seth 
Smith,  guardians  as  aforesaid,  be  and  they  hereby  are  empowered,^ 
to  sell  and  convey  in  fee  simple,  by  deed  or  deeds  duly  executed,  d 
acknowledged  and  recorded,  the  two  parcels  of  land  aforesaid,  to  )$ 
such  person  or  persons,  as  they  shall  think  proper  for  the  full  val-  '^ 
lie  thereof,  according  to  their  best  discretion,  and  to  vest  the  pro- 
ceeds of  the  said  sale  in  meadow  lands  for  the  use  of  the  said  £b- 
enezer  Marsh  ;  the  same  to  be  by  deed  duly  executed,  acknowl- 
edged and  recorded,  conveyed  to  him,  and  his  heirs  in  fee  simple 
with  the  usual  covenants  of  warrant}-. 

Provided  however,  That  before  the  sale  of  the  said  parcels  of 
land,  the  said  Oliver  and  Seth,  shall  give  bond  to  the  Judge  of 
Probate  for  the  county  of  Hampshire  and  his  successors,  in  a  rea- 
sonable penalty,  by  him  to  be  named,  with  sufiicient  sureties  by 
him  to  be  approved ;  conditioned^  that  they  act  faithfully  and  im- 


RESOLVi^S,  February  1808.  89 

partially,  and  according  to  their  best  discretion,  in  the  sale  of  the 
said  parcels  of  land,  and  in  vesting  the  proceed  hereof  in  Meadow 
lands  for  the  use  of  the  said  Ebenezer  Marsh,  to  be  holden  by 
him  and  his  heirs  in  fee  simple  as  aforesaid. 

LXXXIX. 

Resolve  granting  Theodore  Lincoln^  Esq.  one  hundred  and  Jbrty 
dollars,     February  6th,  1808. 

Resolved,  That  one  hundred  and  forty  dollars  be  granted  and 
paid  out  of  the  public  treasury  of  this  Commonwealth  to  Theo- 
dore Lincoln,  Esq.  in  full  compensation  for  his  services  as  agent 
to  the  Passamaquoddy  tribe  of  Indians  from  the  27th  of  Feb- 
ruary 1806,  to  the  26th  January  1808,  according  to  his  account 
herewith  exhibited  ;  and  his  Excellency  the  Governor  with  the 
advice  of  Council  is  requested  to  issue  a  warrant  on  the  Trea- 
sury  accordingly  for  the  payment  of  the  said  sum  of  one  hundred 
aiid  forty  dollars. 

XC. 

Resolutions  proposed  by  Mr.  Biplei/.     February  8th,  1808. 

Whereas  the  pacific  and  impartial  policy  pursued  by  the  Gov- 
ernment of  the  United  States  in  relation  to  the  belligerent  nations 
of  Europe,  appears  at  the  present  period  to  have  no  effect  in  excit- 
ing a  fair  and  honest  reciprocity  in  their  conduct.  And  from 
the  present  aspect  of  our  foreign  relations,  it  being  altogether  un- 
certain how  long  the  blessings  of  peace  will  continue  to  us  ;  and 
as  under  circumstances  of  national  exigency,  an  expression  of 
approbating  sentiments  towards  the  national  government,  on  the 
part  of  the  individual  States  becomes  not  only  proper  and  expe- 
dient but  an  important  duty.     Therefore  be  it 

Resolved,  That  the  legislature  of  Massachusetts  views  with 
the  highest  approbation  the  wise,  dignified  and  energetic  mea-> 
sures  pursued  by  the  Government  of  the  United  States  in  rela- 
tion to  the  violation  of  our  neutral  rights :  and  more  especially 
the  outrageous  attack  on  the  American  Frigate  Chesapeake. 

Resolved,  That  in  the  present  state  of  our  comniercial  rela- 
tions, when  the  proclamations  and  decrees  of  the  belligerents  of 
Europe  impede  the  progress  of  our  mercantile  pursuits  in  almost 
every  part  of  the  world,  we  consider  the  imposing  of  the 
Embargo,  a  wise,  and  hi^hlv  expedient  measure,  and  from 
'  '         K       ' 


90  RESOLVES,  February  1808. 

its  impartial  nature  calculated  to  secure  to  us  the  blessings  of 
peace. 

Resolved,  That  in  the  convulsed  state  of  the  civilized  world, 
when  a  war  of  exterminating  aspect  spreads  its  destructive  con- 
sequences over  nations  remote  from  the  scene  of  its  immediate 
fury,  and  when  the  experience  of  former  ages,  affords  no  assist- 
ance in  calculating  its  effects  or  duration,  that  we  repose  the  high- 
est confidence  in  the  wisdom  and  patriotism  of  the  national  gov- 
ernment, to  arrest  from  us,  if  possible,  the  impending  danger,  or 
in  the  event  of  encountering  it,  to  direct  our  energies  \\i\h  a 
spirit  and  decision  becoming  the  rulers  of  a  /ree  and  Sov  ereign 
People. 

XCI. 

Resolve  on  the  petition  of  Benjamin  Lincoln ,  Esq.  directing 
the  agents  of  Eastern  laiids  to  give  a  copy  of  a  deed  of  certain 
land,  and  making  such  copy  valid.       E'ebruary  lOM,  1806. 

Whereas  Benjamin  Lincoln,  of  Hingham  in  the  county  of  Ply- 
mouth, Esq.  by  his  petition'to  the  Legislature  at  their  present 
session,  states  that  the  original  deed  from  the  committee  for  the 
sale  of  eastern  lands,  dated  the  seventh  day  of  March,  in  the 
year  of  our  Lord  seventeen  hundred  and  eighty  six,  to  him  the 
late  Thomas  Russell,  Esq.  and  the  late  Hon.  John  Lowell,  now 
both  deceased,  their  heirs  and  assigns  of  two  townships  of  land 
in  the  County  of  Lincoln,  but  now  within  the  County  of  Wash- 
ington ;  being  numbers  one  and  two,  has  been  casually  lost,  and 
has  never  been  recorded  either  in  said  county  of  Lincoln  or  said 
County  of  Washington  ;  and  prays  that  the  title  acquired  by  him 
the  said  Benjamin,  and  his  said  associates  by  virtue  of  the  deed 
aforesaid,  maybe  confirmed  to  them,  their  heirs  and  assigns. — And 
whereas  it  appears  that  the  facts  set  forth  in  the  said  petition  are 
true,  and  it  is  reasonable  that  the  prayer  tliereof  should  be  granted. 
Therefore   resolved,     That  the  title   acquired    by    the   deed 
aforesaid  to  the  said  townships  be,  and  the  same  is  hereby  con- 
ftrmed  to  the  said  Benjamin,  Thomas  and  John  :  their  heirs  and 
assigns,  upon  the  terms,  conditions  and  provisoes  contained  in 
the  said  deed  ;  and  that  a  copy  from  the  record  of  said  deed  in 
the  Land  OfHce  of  this  Commonwealth,  certified  as  a  tiue  copy 
of  the  same,  by  the  agents  for  the  sale  of  eastern  lands,  shall, 
for  all  legal  purposes,  have  the  same  force  and  effect  as  the  said 
original  deed  might  or  could  have,  if  produced. 


KESOLVES,  Febrmry  1308.  91 

XCII. 

Resolve  on  the  petition  of  Thomas  Stimpson  and  others,,  for  a 
company  of  Cavalry,         February  \2th^  1808. 

On  the  petition  of  Thomas  Stimpson  and  others  praying  for 
liberty  to  raise  by  voluntaiy  enlistment  a  company  of  cavalry, 
in  the  fourth  regiment,  second  brigade;  and  second  division  of 
the  militia  of  this  Commonwealth. 

Resolved,  That  his  Excellency  the  Governor,  with  the  ad- 
vice and  consent  of  Council,  be  and  he  is  hereby  authorized  and 
empowered  to  raise  by  voluntary  enlistment  a  company  of  cavalrj'- 
within  said  fourth  regiment,  second  brigade,  and  second  divi- 
sion of  the  militia  of  this  Commonwealth.  Provided  the  stand- 
ing companies  in  said  regiment,  are  not  reduced  thereby  below 
the  number  prescribed  by  law.  Said  company  of  cavalry  when 
raised,  to  be  attached  to  the  squadron  of  cavalry  in  said  second 
brigade,  and  second  division  and  subject  to  all  such  rules  and 
regulations  as  are,  or  may  be  provided  by  law  for  governing  the 
militia  of  this  Commonwealth. 

XZllL 

Resolve  on  the  Petitio?i  of  James  Robinson  for  the  extension  of 
time  for  building  Pond  Street.     February  13?A,  1808. 

Upon  the  petition  of  James  Robinson,  President  of  the  Pond 
Street  Corporation,  praying  in  behalf  of  said  Corporation,  an 
allowance  of  further  time  to  build  and  complete  a  street  from  the 
Boston  side  of  Charles-river  bridge  to  Hanover  Street,  across 
the  Mill  pond  in  Boston. 

Resolved,  That  one  year  from  the  first  day  of  January  last, 
be  and  is  hereby  allowed  to  said  Corporation  to  complete  said 
street. — And  that  said  street,  or  such  part  thereof  as  shall  be 
made  on  or  before  the  first  day  of  January  1809,  shall  become 
a  street  and  highway  for  the  accommodation  of  the  public. 

XCIV. 

Resolve  on  the  Petition  of  Ebenezer  Poor^jun.  Feb.  16th,  1808. 

On  the  petition  of  Ebenezer  Poor,  jun.  and  others  praying  for 
assistance  in  making  a  road  through  the  tract  belonging  to  this 
Commonwealth,  adjoining  the  northeasterly  part  of  East  Ando- 
ver,  being  a  part  of  the  road  now  opening  from  Canada,  through 
the  northern  notch  of  the  White  Hills  in  the  State  of  New-Hamp^ 


?2  RESOLVES,  February  1808. 

•shire  by  Errol  and  East  Andover  to  Hallowell  and  Portland. — 
^esolvedf  That  there  be  and  hereby  is  granted  to  the  said  Ebe- 
nezer  Poor,  jun.  his  heirs  or  assigns,  three  thousand  acres  of 
land,  to  be  laid  out  under  the  direetion  of  the  agents  for  the  sale 
of  Eastern  lands,  in  one  tract,  in  any  of  the  land  belonging  to  this 
Commonwealth,  excepting  the  tract  through  which  said  road 
passes,  and  the  ten  townships  purchased  of  the  Indians,  on  Pen- 
obscot river.  Provided  that  the  said  Ebenez^^r  Poor,  jun.  shall 
within  eighteen  months  from  the  passing  of  this  resolve  open  and 
complete,  or  cause  to  be  completed,  a  good  and  passable 
road  for  travellers,  and  teamsters,  ^ith  their  horses,  teams 
and  carriages,  at  least  sixteen  feet  in  width,  with  all  the  neces- 
sary causeways  and  bridges  extending  from  East  Andover  to 
the  northwesterly  line  of  the  tract  aforesaid,  in  the  most  conve- 
nient direction  to  meet  the  aforesaid  road  leading  by  Errol  and 
East  Andover,  to  Hallowell  and  Portland  ;  and  the  Justices  of 
the  Court  of  the  General  Sessions  of  the  peace  for  the  county  of 
Oxford,  or  the  major  part  of  them  arc  hereby  directed  to  view 
and  examine  said  road  when  completed,  and  if  in  their  opinion 
the  same  is  done  according  to  the  true  intent  and  meaning  of 
this  resolve,  they  shall  make  a  certificate  thereof ;  and  the  com- 
mittee for  the  sale  of  Eastern  lands,  or  the  major  part  of  them, 
are  hereby  directed,  upon  the  receipt  of  such  certificate,  to  ex- 
ecute a  deed  to  the  said  Ebenezer  Poor,  jun.  his  heirs  or  assigns 
of  th?  tract  aforesaid,  in  manner  as  above  described. 

xcv. 

Mesolve  on  dividing  taxes  between  JFest   Cambridge,  Brighton, 
and  Cambridge.     Feb.  i6t/i,  1808. 

Whereas  the  town  of  West  Cambridge,  and  the  town  of  Brigh- 
ton, at  the  last  valuation,  belonged  to,  and  were  a  part  of  the  town 
of  Cambridge,  and  the  same  have  since  become  separate  towns 
by  acts  of  the  Legislature,  and  no  provision  is  made  in  the  acts 
of  incorporation  of  said  towns  of  West  Cambridge  and  Brighton ; 
what  proportion  of  the  tax  of  the  town  of  Cambridge  arising  from 
the  polls  and  estates  of  the  inhabitants  of  the  said  towns  of  West 
Cambridge  and  Brighton,  shall  be  placed  to  said  town. 

Therefore  resolved.  That  the  sum  of  one  dollar  and  fifty-three 
cents  be,  and  hereby  is  deducted  from  the  valuation  of  the  town 
of  Cambridge  and  charged  to  the  town  of  West  Cambridge,  as 
their  proportion  for  taxation  until  a  ne\v  State  valuation  be  taken. 

Be  it  further  resolved.   That  the  sum  of  one  dollar  and  eight 


RESOLVES,  February  ISOa.  9^3 

cents,  be  and  hereby  is  declucted  from  the  valuation  of  the  town 
of  Cambridge,  and  charged  to  tlie  town  of  Brighton,  as  their  pro- 
portion for  taxation,  until  a  new  State  valuation  be  taken. 

XCVI. 

Resolve  authorizi7ig  any  attorney  for  the  Common-wealth  to  dis- 
charge txvo  executions  against  Heruey  Prebles.   Feb.  18,  1808. 

Whereas  Hervey  Prebles,  ofBlanford  in  the  county  of  Hamp- 
shire, has  represented,  by  petition,  that  he  is  a  prisoner  ip  goal  at 
Northampton,  on  two  executions  in  favor  of  this  Common^^'ealth, 
one  for  the  sum  of  one  hundred  and  twenty  dollars,  the  other  for 
sixty  dollars,  and  the  costs  of  scire  facias;  which  sums  have  been 
paid  by  the  sureties,  on  default  upon  his  recognizances  for  the 
aforesaid  sums,  and  that  he  is  wholly  unable  to  pay  the  same. 

Therefore  resolved^  For  reasons  set  forth  in  his  petition,  that 
any  attorney  for  the  Commonwealth,  be,  and  he  is  hereby  author- 
ized TO  discharge  said  executions  upon  the  payment  of  costs  and 
prison  charges. 

XCVII. 

Resolve  granting  monies  to  Horatio    G.    Balsh  for  services  as 

agent  for  this  Commonwealth.,  a?id  Indian  affairs. 

February  I9th,  1808. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Treasury 
of  this  Commonwealth  to  Horatio  G.  Balsh,  agent  for  the  Pe- 
nobscot tribe  of  Indians,  and  agent  for  the  Commonwealth's  lands, 
one  hundred  and  sixty-five  dollars  and  twenty-nine  cents,  in  ad- 
dition to  the  sum  of  one  hundred  and  eight  dollars  now  in  the 
hands  of  said  agent,  in  full  for  his  services  and  expenses  as  agent, 
as  aforesaid ;  and  his  Excellency  the  Governor,  with  the  advice 
of  Council  is  requested  to  issue  his  warrant  on  the  Treasury  ac- 
cordingly. 

And  whereas  by  the  said  agent's  report  annexed  to,  and  ac- 
companying his  account  against  this  Commonwealth,  there  ap- 
pears to  be  in  the  hands  and  possession  of  said  agent,  sundry 
notes  belonging  to  this  Commonwealth,  taken  by  him  the  said 
agent  as  aforesaid,  for  the  rent  or  lease  of  meadows,  amounting  to 
two  hundred    and   ninety-two  dollars,  and   eighty-eight  cents. 

Therefore  be  it  resolved.  That  the  notes  as  aforesaid  taken  by 
said  agent  for  the  rent  of  meadows,  be  collected  and  held  by  said 
agent,  subject  to  the  future  disposition  of  the  General  Court. 


94  RESOLVES,  February  1808. 

XCVIII. 

Resolve  granting  two  hundred  and  Jbrty- eight  dollars,  sevatty- 
one  cents,  to  JSfathayiiel  Dummer  and  others.  Commissioners  to 
adjust  a  settlement  with  the  Pejepscot  proprietors  and  settlers 
on  their  lands.     February  20th,  1808. 

On  the  petition  of  Nathaniel  Dummer,  John  Lord,  and  Ichabod 
Goodwin,  commissioners,  appointed  by  the  Governor  and  Council, 
under  a  resolve  of  1798,  and  one  other  resolve  of  1801,  to  adjust 
a  settlement  between  the  Pejepscot  proprietors,  so  called,  and  the 
■jcttlers  on  the  said  proprietors'  land  in  the  District  of  Maine. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Treas- 
ury of  this  Commonwealth  to  Nathaniel  Dummer,  John  Lord, 
aiid  Ichabod  Goodwin,  Esquires,  the  sum  of  two  hundred  and 
forty-eight  dollars  and  seventy-one  cents,  being  the  balance  in 
full  for  their  services,  in  executing  the  duties  of  their  trust  un- 
der the  aforesaid  commission  and  resolves.  And  his  Excellency 
the  Governor  with  the  advice  of  Council,  is  requested  to  issue 
his  warrant  for  the  said  sum  on  the  Treasury  accordingly. 

XCIX. 

Resolve  for  loaning  Ephraim  Bruce,  of  Shrewsbury,  eight  hun- 
dred dollars.     February  20th,  im^. 

Resolved,  For  reasons  in  the  petition  set  forth,  that  there  be 
advanced  and  paid  out  of  the  Treasury  of  this  Commonwealth 
on  loan  to  the  said  Ephraim  Bruce,  the  sum  of  eight  hundred 
and  ten  dollars.  And  that  his  Excellency  the  Governor,  \vith 
the  advice  of  Council,  be,  and  hereby  is  requested  to  draw 
his  warrant  on  the  Treasurer  accordingly'. 

Provided,  That  the  said  Ephraim  Bruce  shall  first  give  bond 
to  the  Treasurer  of  this  Commonwealth  in  the  sum  of  twelve 
hundred  dollars,  conditioned  that  he  the  said  Ephraim  Bruce 
shall  repay  the  said  sum  of  seven  hundred  and  sixty  dollars, 
with  interest  therefor,  whenever  he  shall  be  thereunto  required. 

C. 

Resolve  dischargi?ig  the  Quarter  Master  Gejieral  of  money  re- 

ceived,  and  making  an  appropriation  for  his  department. 

February  20th,  1808, 

Resolved,  That  Amasa  Davis,  Esq.  Quarter  Master  General 
be,  and  he  is  hereby  discharged  from  the  sum  of  eleven  thou- 


RESOLVES,  February  1808.  95 

sand  and  seventy-nine  dollars  and  twenty-three  cents,  viz.  five 
thousand  dollars  drawn  on  warrant,  dated  February  24.th,  1807  ; 
five  thousand  five  hundred  dollars  drawn  on  warrant,  dated  Au- 
gust 28th,  1807;  and  five  hundred  and  seventy-nine  dollars  and 
twenty-three  cents,  received  on  account  of  the  Commonwealth, 
from  Samuel  Brown,  Esq.  agent  for  the  United  States,  for  fifty 
thirteen  inch  shells. 

Resolved^  That  one  thousand  eight  hundred  and  eighty -four 
dollars  and  seventy-seven  cents  be  paid  to  the  said  Amasa  Da- 
vis, Esq.  out  of  the  Treasury  of  this  Common weahh,  as  the 
balance  of  his  account  with  the  Commonwealth,  up  to  the  first 
day  of  February,  1 808,  including  his  salary,  office  rent,  and 
clerk  hire,  for  one  year,  ending  the  17th  day  of  January,  1808. 

And  be  it  further  resolved,  That  the  sum  of  fifteen  thousand 
dollars  be  paid  to  the  said  Quarter  Master  General  from  the 
Treasury  of  this  Commonwealth,  to  meet  the  expenses  of  his 
department  the  ensuing  year,  for  the  application  of  which  he  is 
to  be  accountable ;  and  that  his  Excellency  the  Governor  be  re- 
quested to  issue  his  warrant  on  the  Treasury  for  the  amount,  at 
such  periods,  and  in  such  sums,  as  his  Excellency  with  advice 
of  Council  may  deem  expedient  for  the  public  service. 

CI. 

Resolve  on  the  Petition  oj  Chester  Smith,  authorizing  him  an 
administrator  to  execute  a  deed  to  the  inhabitants  of  West 
Springfield,     February  20th,   1808. 

On  the  petition  of  Charles  Smith,  administrator  of  the  estate 
of  Noadiah  Smith,  late  of  West  Springfield,  deceased,  setting 
forth,  that  about  ten  years  ago,  the  said  deceased  contracted  with 
the  Selectmen  of  said  town  for  a  certain  piece  of  land,  with  an 
orchard  on  the  same,  lying  near  his  dwelling  house  in  said  town; 
&nd  in  consideration  thereof,  the  said  deceased  agreed  to  deed 
to  the  inhabitants  of  the  said  town  a  certain  piece  of  land  with  a 
small  house  on  the  same,  that  the  said  deceased  made  out  his 
deed  to  the  said  town,  but  did  not  execute  it,  and  entered  into 
the  improvement  of  the  first  mentioned  premises,  and  by  order 
of  the  Selectmen,  one  Samuel  Ward,  a  pauper,  entered  into  the 
possession  and  improvement  of  the  last  mentioned  premises,  ajid 
praying  that  he  may  be  authorized  in  his  said  capacity  to  make 
and  execute  a  deed  to  the  said  town  of  the  last  mentioned  pre- 
mises, upon  condition  the  Selectmen  of  said  West  Spring-field,  in. 


9o  RESOLVES,  Febniarv-  1808. 

behalf  of  the  inhabitants  of  said  town,  shall  make  and  execute 
to  the  widow  and  heirs  of  said  deceased  a  deed  of  the  first  men- 
tioned premises. 

Resolved,  that  the  said  Chester  Smith  be,  and  he  hereby  is  au- 
thorized in  his  capacity  of  administrator,  to  make  and  execute  a 
good  and  sufficient  deed  to  the  inhabiti\nts  of  West  Springfield 
of  a  certain  piece  of  land  with  a  small  house  on  the  same,  lying 
in  said  West  Springfield  supposed  to  contain  one  and  a  half  acres: 
bounded  northwardly  on  a  highway,  west,  south,  and  east  on  land 
owned  by  Jere  Stebbins,  Esq.  Provided,  The  Selectmen  of  said 
West  Springfield,  for  the  time  being,  in  behalf  of  the  Inhabitants 
of  said  town ;  shall  make  and  execute  to  the  widow  and  heirs 
of  said  Noadiah  Smith  deceased,  a  good  and  sufficient  deed  of  a 
certain  piece  of  land  mentioned  in  said  petition,  lying  near  the 
dwelling  house  of  the  said  deceased,  with  an  orchard  on  tlie 
same,  estimated  to  contain  about  one  and  a  half  acres,  bounded 
westerly  on  a  highway,  northwardly  on  land  of  Re\'.  Doctor 
Lathrop,  eastwardly  on  land  of  Levi  Brooks,  and  southwardly, 
partlv  on  a  highway  ;  and  the  deed  thus  made  by  the  said  Ches- 
ter Smith,  shall  be  as  good  and  valid  as  if  it  had  been  made  by 
the  deceased  in  his  life  time. 

CIL 

Resolve  on  the  Petition  of  Nathan  Kimball  and  others  author- 
izifi^  James  Kimball  to  execute  a  deed  to  Asa,  Uriah,  and  Dan- 
iel Gage.     February  20,  1808. 

On  the  petition  of  Nathan  Kimball,  Elijah  Kimball,  Uriah 
Gage,  Daniel  Carleton,  and  James  Kimball,  stating  that  in  the 
life  time  of  Asa  Gage,  late  deceased,  and  on  whose  estate  the  said 
James  Kimball  is  administrator,  the  said  Asa  together  with  the 
said  Uriah  Gage  and  Daniel  Carlton  received  a  deed  of  convey- 
ance from  the  said  Nathan  Kimball,  of  certain  real  estate  therein 
described  under  an  agreement  to  dispose  of  the  same,  for  the  pay- 
ment of  the  said  Nathan's  debts,  and  to  return  to  him  the  said 
Nathan  his  heirs  or  assigns,  the  overplus,  if  any  there  should  be, 
and  further  stating  that  the  whole  object  of  said  agreement  was 
not  effijcted  during  the  life  of  said  Asa ;  and  praying  that  the 
said  James  Kimball,  administrator  on  the  said  Asa's  estate,  may 
be  authorized  to  fulfil  the  same  so  far  as  it  concerns  the  said  Asa. 
Resolved,  That  the  prayer  of  said  petition  be  gi*anted,  and  that 
the  said  James  Kimball,  administrator  on  the  said  Asa  Gage's  es- 


RESOLVES,  February  1808.  97, 

tate  be  and  hereby  is  empowered  together  with  the  said  Uriah 
Gage  and  Daniel  Carlton  to  sell,  and  by  deed  or  deeds  duly  exe- 
cuted, to  convey  all  such  parts  of  the  real  estate  of  the  said  Nathan 
as  the  said  Nathan  conveyed  to  the  said  Asa,  Uriah  and  Daniel 
for  the  purposes  aforesaid,  as  remained  unsold  at  the  time  of 
Asa's  decease,  and  to  do  and  perform  whatever  the  said  Asa 
might  or  ought  to  do  and  perform  in  mid  about  the  premises 
v/ere  he  now  in  full  life. 

cm. 

Hesolv^  empowering  James  Prentiss  of  Boston  to  sell  certain  real 
estate,     February  23,  1808. 

On  the  petition  of  James  Prentiss,  of  Boston  in  the  County  of 
Suffolk,  Merchant,  setting  forth  that  he  is  guardian  of  Sally 
Gardner,  Mary  Ann  L.  Gardner,  and  Nathaniel  Gardner,  minor 
and  heirs  of  Nathaniel  Gardner  decejised,  and  Helen  Maria  Mel- 
len,  and  Sophia  Ann  Mellen  minors,  and  heirs  of  Leonard  Mellen 
deceased,  and  that  said  Minors  are  interested  in  certain  lands  sit- 
uated in  township  number  four,  in  the  fifth  range  of  townships 
lying  between  Kennebeck  and  Penobscot  rivers. 

Resolved,  for  the  reasons  set  forth  in  said  petition  that  he,  the 
said  Prentiss,  be  authorized,  and  he  is  hereby  fully  authorized 
and  empowered  to  sell  and  dispose  of  all  or  any  part  of  the  lands 
aforesaid,  or  any  of  the  interest  of  said  minors  therein  at  private 
sale  or  otherwise,  in  such  manner,  and  on  such  terms  as  he  shall 
judge  most  conducive  to  the  interest  of  his  said  wards,  aad  that 
his  deed  therefor  duly  executed,  acknowledged  and  duly  record- 
ed, shall  make  to  the  grantee  or  grantees  thereof,  as  good  and 
perfect  a  title  tliereto  as  the  said  minors  respectively  have  therein 
at  the  time  of  such  grant,  he  the  said  Prentiss  being  at  all  times 
liable  to  account  for  the  proceeds  of  such  sale  in  the  same  man- 
ner, as  he  wholdby  law  be  liable  to  account  for  the  sale  of  the 
personal  estate  of  said  Minor.  Provided  nevertheless,  that  the  said 
Prentiss  shall  first  give  bonds  to  the  Judge  of  Probate,  for  the 
County  of  Middlesex,  and  his  successors  in  said  office,  for  the 
use  of  said  minors,  in  such  sum  and  with  such  surety  or  sure- 
ties, as  shall  be  satisfactory  to  said  Judge,  faithfully  to  account 
for  the  proceeds  of  the  sales  hereby  authorized,  as  he  would  by  law 
be  liable  to  account  for  the  sale  of  the  personal  property  of  said 
minors. 

M 


98  RESOLVES,  February  1806. 

CIV. 

Resobre  discharging  Thomas.AndrewsJromfive  several  executions^ 
February  23,  1808. 

On  the  petition  of  Thomas  Andrews,  of  Boston  in  the  County 
of  Suffolk,  praying  that  the  sum  of  five  hundred  andseveniy-six 
dollars,  due  from  him  to  this  Commonwealth,  by  virtue  of  live 
several  executions  dated  the  seventh  day  of  December  in  the 
year  of  our  Lord,  one  thousand  eight  hundred  and  five,  which 
executions  issued  on  several  judgments,  rendered  by  the  supreme 
judicial  court  holden  at  Boston,  \vithin  the  caiu^ity  of  Sufiblk,  and 
for  the  counties  of  Suffolk  and  Nantucket  on  the  third  Tuesday 
of  August  in  the  year  of  our  Lord  one  thousand  eight  hundred 
and  four. 

Resolved^  That  the  whole  of  the  aforesaid  sum  due  by  virtue 
of  the  five  executions  aforesaid,  be  and  hereby  are  remitted  to 
said  Thomas  Andrews,  and  that  the  Sherift'of  the  county  of  Suf- 
folk be  and  he  hereb}'  is  directed  to  discharge  said  Andrews  from 
prison,  provided  he  is  there  confined  for  no  other  cause  thlm' 
tho  fiVe  executions  aforesaid. 

CV. 

Resolve  alloiving   Tliumus  Gardner  to  choose  a  lot  of  land  In  littu 
of  twenty,  dollars  gratuity.     Fehi-uary  ^'ith,  1808. 

Resolved^  For  reasons  set  forth  in  said  petition  ;  that  the  said 
Thomas  Gardner,  have^  and  he  hereby  has  hbcrty  to  choose  a 
lot  of  two  hundred  acres  of  land,  as  laid  out  in  the  township  of 
Marshill,  and  to  receive  a  certificate  of  the  same,  in  the  same 
M-ay  and  manner  as  he  might  have  done,  had  he  originally  made 
his  application  for  land.  And  the  treasurer  of  this  Common- 
wealth  is  hereby  emjx>wered  and  idirected  to  erase  the  name  of 
Thomas  Gardner  from  a  warrant  now  in  his  office  in  which  the 
said  Thomas  is  entitled  to  receive  the  sum  of  twenty  dollars. 

CVI. 

Resolve  directing  the  Treasurer  to  subscribe  ten  certificates  of 

six  per  cent  stock  of  the  United  States  i\c,  to  the  ?iew  loan. 

February  2Uh.   1808. 

Be  it  resolved^  That  the  Treasurer  of  this  Commonwealth,  be, 
ynd  he  is  hereby  authorized  and  directed  to  subscribe  the  ten 


RESOLVES,  February  1808.  9^ 

certificates,  of  six  per  cent  stock  of  the  United  States,  amounting 
to  seventy-six  thousand,  six  hundred,  and  eighteen  dollars,  sev- 
ent}  -lour  cents ;  and  the  certificate  of  three  per  cent  stock  for 
two  thousand  four  hundred  and  sixty. eight  dollars  and  ninety- 
five  cents,  which  are  the  property  of  this  Commonwealth  and  arc 
transferable  to  the  new  loan,  opened  at  the  loan  office  of  the  Uni- 
ted States  for  this  State.  And  that  he  be,  and  he  is  hereby  au- 
thorized and  directed  to  receive  the  new  six  per  ct^nt  stock  pro- 
posed to  be  issued  in  lieu  thereof  '    V 

CVII. 

Resolve  granting  a  township  of  land  to  the  town  of  Plymouth.  ' 
February  24^,  1808. 

'  On  the'l^fefition  of  the  inhabitants  of  the  town  of  Plymouth 
praying  fdf  futther  L^-gisIative  aid,  for  the  security  and  preser- 
vation of  their  harbour ;  by  repairing  the  beach  mentioned  in 
said  petition. 

Resolved,  For  reasons  set.  forth  in  said  petition  that  there  is 
hereby  granted  to  tlie  said  town  of  Plymouth,  for  the  purpose 
aforesaid,  a  township  of  land  six  miles  square  to  be  laid  out  and 
assigned  to  them  by  the  agents  for  the  sale  of  eastern  lands,  out  of 
any  unappropriated  lands  in  the  District  of  Maine,  with  the  usual 
reservations  and  restrictions,  excepting  the  ten  townships  of  land 
on  Penobscot  river  purchased  of  the  Indians.  Provided  hoivev- 
£•/%  that  the  said  town  of  Plymouth  shall  within  two  years  from 
the  passing  of  this  resolve,  raise  and  appropriate  four  thousanft  five 
hundred  dollars,  in  addition  to  the  above  grant,  the  w^iole  to  be 
applied,  and  laid  out  under  the  direction  of  William  Davis, 
Nathaniel  Goodwin,  and  Zacheus  Rartlett,  Esq'rs,  the  agents  who 
were  appointed  by  a  resolve  passed  the  fourth  day  of  March,  in 
the  year  of  our  Lord  one  thousand  eight  hundred  and  six.  Pro- 
vided also,  that  tjie  said  town  of  Plymouth  shall  cause  jthe  said 
township  to  be  surveyed  and  located,  and  apian  thereof  returned 
into  the  Land  Office,  within  the  term  of  three  years. 

CVIIL 

Resolve  on  the  petition  of  Elijah  Baker  and  others  appointing  a 
Committee  to  ascertain  the  facts  relative  to  their  loss,  by  run- 
ning  the  line  between  this  State  and  New-  York. 
'  February  24th,  1808. 

On  the  petition  of  Elijah  Baker,    and    others    setting    forth 


100  RESOLVES,  Ftbruar>'  1808. 

that  by  running  of  the  Ime  between  this  Comrnonweahh  and  tlie 
State  of  New- York,  in  the  year  1787,  certain  parts  of  their  farms 
situate  in  the  towns  of  Egremont  and  Allford  in  the  County  of 
Berkshire,  and  Hillsdale  in  the  State  of  New- York,  and  formerly 
residents  in  iLgremoni  and  Allford,  and  praying  for  compensation 
for  the  loss  of  said  lands. 

Resolvedy  That  Simon  Learned,  Moses  Hopkins  and  Azariah 
Ej^gieston,  Esquires,  be  a  Committee  to  repair  to  the  aforesaid 
towns,  at  the  expense  of  the  petitioners  to  examine  into  the  facts 
set  forth  in  said  petition,  and  report  at  the  first  sessions  of  the  next 
General  Court. 

CIX. 

Jfesolve  authorizing  Jonathan  Harris  to  execute  a  [release  of  the 

right  of  his  wards  to  a  house  in  Qornhill^  in  Boston  ^  &.c. 

February  25thy  1808. 

Whereas  it  appears  to  this  Court,  by  the  petition  of  Jonathan 
Harris,  James  Green,  Thomas  Millar,  and  Benjamin  Goodwin, 
and  the  documents  accompanying  the  same,  that  Richard  Devens, 
late  of  Charlestown  in  the  county  of  Middlesex,  Esquire,  deceas- 
ed, in  and  by  his  last  will  and  testament,  devised  certain  real  es- 
tate which  he  owned  in  Centre  wharf,  so  called,  in  Boston,  one 
half  thereof  to  his  daughter  Mary  Harris,  and  the  other  half 
thereof  to  the  children  of  his  late  daughter  Rachel  Green,  but 
tliat  after  making  said  will,  said  testator  conveyed  most  of  his  es- 
tate in  said  wharf  to  the  Broad  street  Association  in  the  town  of 
Boston,  and  in  lieu  thereof  became  interested  in  the  capital  stock 
and  property  of  said  corporation,  to  the  amount  of  one  seventh  of 
one  twentieth  of  the  whole.  That  said  testator  always  afterwards 
considered  the  said  property  last  mentioned  as  a  substitute  for 
his  said  estate  in  Centre  wharf,  and  supposed  that  the  same  would 
r-iss  to  said  deviseesassuch  by  force  of  said  will,  but  it  is  doubted 
v/hether  the  same  can  so  pass.  And  whereas  it  further  appeal's 
as  aforesaid,  that  the  said  testator  in  and  by  his  said  will  did  also 
devise  to  the  heirs  of  his  late  son  David  Devens,  one  half  of  a 
certain  house  in  Cornhill  in  Boston  ;  and  in  the  same  clause  of 
said  will,  did  further  declare  that  he  held  a  deed  from  his  said  son 
of  the  other  half  of  said  house,  but  that  it  was  given  on  a  parties 
ular  occasion,  and  through  neglect  the  same  was  not  deeded  back 
again  to  his  said  son ;  and  therefore  that  the  whole  of  said  house 
was  to  be  the  property  of  the  heirs  of  his  said  son  at  the  said 
testator's  decease ;  and  doubts  are  entertained  whether  the  whole 


RESOLVES,  February  1808.  iOi 

oi  said  house,  with  the  appurftnanccs  passes  to  the  heirs  of  his 
said  son  by  said  lease.  And  further,  that  in  and  by  the  residuary 
clause  in  said  will,  the  said  testator  gave  and  bequeathed  ail  the 
residue  and  remainder  of  his  estates,  real  and  personal,  that  he 
should  leave  otherwise  undisposed  of  at  his  decease,  to  all  his 
grand  children  that  should  then  be  living,  to  be  equally  divided 
between  them.  And  that  the  said  testator  appointed  the  said 
Harris,  Green,  and  Millar  executors  of  his  said  will.  And  it 
further  appears  aforesaid,  that  said  petitioners,  and  all  the  said 
grandchildren  who  are  of  full  age,  are  satisfied  that  it  was  the 
intention  of  said  testator  that  all  his  right  in  the  capital  stock  or 
property  of  said  Broadstreet  Association,  should  pass  by  his  said 
will  to  his  said  daughter  Mary  Harris,  and  the  children  of  his 
said  daughter  Rachel  Green.  And  that  all  his  estate  in  the  said 
house  in  Cornhill,  with  the  appurtenances,  should  pass  by  said 
will  to  the  children  of  his  said  son  David  And  that  such  of  the 
said  grandchildren  as  are  of  full  age  have  accordingly  executed 
the  releases  nccessar}-  on  their  part  respectively  to  carry  the  said 
intentions  into  effect;  and  furthermore,  that  the  said  Jonathan  Har- 
ris, James  Green,  and  Benjamin  Goodwin  are  guardians  respec- 
tively of  all  the  grandchildren  of  the  said  testator  who  are  under 
age.  That  is  to  say  that  Jonathan  Harris  is  guardian  of  Henry 
Harris,  George  Harris,  Harriot  Harris,  Charlotte  Harris,  and 
Amelia  Augusta  Harris.  And  the  said  James  Green  is  guardian 
of  Abigail  D.  Green  and  Richard  D.  Green  ;  and  the  said  Ben- 
jamin Goodwin  is  guardian  of  Charles  Devens.  And  the  said 
petitioners  therefore  pray,  that  the  said  Jonathan  Harris,  James 
Green,  and  Benjamin  Goodwin  may  be  respectively  authorized 
to  make  and  execute  good  and  sufficient  releases  to  extinguish 
the  rights  or  claims  of  their  respective  wards  derived  to  thenl 
from  said  residuary  clause,  in  and  to  the  said  capital  stock  or 
property  of  the  said  Broadstreet  Association,  and  in  the  said 
house  with  the  appurtenances  in  Cornhill  in  Boston,  saving 
however  to  the  said  Abigail  D.  Green  and  Richard  D.  Green, 
together  with  their  brother  the  said  James  Green,  jun.  the  right 
to  one  moiety  of  said  testator's  interest  in  said  capital  stock  or 
property  of  said  Broadstreet  Association,  pursuant  to  said  testa- 
tor's intentions. 

Therefore  resolved,  That  the  said  Jonathan  Harris  be,  and  he 
hereby  is  authorized  for,  and  on  behalf  of  said  wards,  to  make  and 
execute  to  the  heirs  of  the  said  David  Devens,  deceased  a  good 
and  sufficient  release  and  extinguishment  of  all  the  right  and  claim 
.of  his  said  wards  in  and  to  said  house  in  Cornhill  in  Boston  with 


102  RESOLVES,  February  1808. 

the  appurtenaiicey.  And  also  tp  make  and  execute  to  the  said 
iSiaiy  Harris,  and  to  the  children  of  the  said  Rachel  Green  de- 
ceased respectively,  a  good  and  sufficient  release  and  extinguish- 
ment oi  equal' lialves,  .of  all  the  right  and  claim  of  his  said  wards, 
in  and  to  the  capital  stock,  or  property  of  the  said  Broadstreet 
association.  And  also  that  the  said  James  Green,  be  and  he 
hereby  is  authorized  for,  and  on  behalf  of  his  said  wards  to  make 
an  execute  to  the  heirs  of  the  <;aid  David  Devens  deceased  a  good 
and  sufticient  release  and  extinguishment  of  all  the  right  and 
claim  of  his  said  ward  in  and  to  the  said  House  in  Comhill  in 
Boston,  with  the  appurtenances.  And  also  to  make  and  exe- 
cute to:  the  said  M.iry  Harris,  a  good  and  sufficient  release  or  ex- 
tinguishment of  one  half  of  all  the  right  and  claim  of  his  said 
wards,  in  and  to  the  capital  stock  or  property  of  said  Broadstreet 
Association.  And  also  that  the  said  Benjamin  Goodwin  be,  and 
he  hereby  is  authorized  lor'  and  041  behalf  of  his  said  w^rd,.to 
make  and  execute  a  good  and  sufficient  release  and  extinguish- 
ment to  the  said  Mary  HiutIs,  of  one  half  of  all  the  right  and 
claim  of  his  said  ward,  iii  and  to  the  capital  stock,  or  property  of 
the  said  Broadstreet  association,  and  to  make,  and  to  excciUe  to 
the  children  of  the  said  Rachel  Green  deceased,  a  good  and  suffi- 
cient release  and  extinguishment  of  the  other  half  of  his  said  ward's 
right  or  claim  in  and  to  the  said  capital  stpck  or  propert}  of  said 
Broadstreet  association. — Provided  however ^  That  all  and  every 
of  tlie  said  releases,  shall  only  extend  to  release  and  extinguish 
such  rights  or  claims  of  the  said  wards  respectively,  as  arc  de* 
rivTcd  from,  and  by  the  said  residuary  clause  in  said  ^vill. 

ex. 

Resolve  for  paying  fifty  dollars  to  the  Gentleman^  who  shall  preach 
the  Electto7\  Sermon.     February  25,  1808. 

Resolved^  That  the  Gei-ktleman  who  shall  preach  the  Election 
Sermon  on  the  last  Wednesday  of  May  next,  shall  be  allowed  and 
paid  out  of  the  Treasury  of  this  Commqnvvealth  the  sum  of  fifty 
dollars. 


RESOLVES,  February  MI08.  103 

CXI. 

liesotve  directing  the  Treasurer  to  cfedit  Bcdlstown  one  hun- 
dred and  seventeen  dollars^  and  ninety  cents,  and  issue  his  war- 
rant against  Jefferson  Jor  the  same  amount.  Feb,  25,  1808. 

Whereas  the  treasurer  of  this  Commonwealth  has  issued  hi.s 
warrant  against  the  town  of  Ballstown  in  the  county  of  Lincohi, 
for  t^vo  hundred  and  fourteen  dollars,  sixty  six  cents,  it  l^eing;^ 
the  sum  assessed  to  said  town  for  the  year  1807.  And  whereas' 
a  town  by  the  name  of  Jefferson,  lying  within  the  former  limits 
of  the  town  of  Ballstown,  has  been  incorporated  since  passing.the 
tax  act,  for  1807.  And  whereas  the  two  towns  have  mutually 
agreed  upon  the  snm  each  should  be  holden  to  pay  of  said  tax, 
viz.  the  town  of  Jefferson^  one  hundred  seventeen  dollars  ninety 
cents  ;  the  town  of  Ballstown  ninety -six  dollars,  sevent}'-.six  cents.! 

^Therefore  resolved.  That  the  treasurer  of  this  Commonwealth, 
pass  to  the  credit  of  Ballstown  the  sum  of  one  hundred  and  sev,-. 
enteen  dollars,  ninety  cents,  and  issue  his  warrant  for  the  same 
amount  against  the  town  of  Jefferson. 

CXII. 

Resohe  on  loaning  five  hundred  dollars  to  Nahurn  JVdtt  and  Al- 
pheus  Davis.    February  25,  1808. 

Upon  the  petition  of  Nahum  Wait  and  Alpheus  Davrs,  setting  : 
forth  that  one  Daniel  Murray,  udministrator  with  the  will  annex- 
ed of  John  Murray,  Esq.  at  the  district  court  holden  at  Boston 
in  the  District  of  Massachusetts,  on  the  first  day  of  June  last  re-.; 
covered  judgment  against  them  for  the  possession  of  certAin.  pre-  , 
mises  described  in  the  writ  of  said  Daniel,  which  had  been  lierc- 
tofoie  conveyed  in  Mortgage  to  the  said  John  deceased,  unle^s^ 
they  should  pay  to  the  said  Daniel  in  his  said  capacity  three  hun- " 
dred  and  forty  seven  dollars,  and  twenty  .cents v  as  in,  the  sami; 
judgment  is  expressed,  aud  further  stating  that  they  have  hereto,-, ,, 
fore  paid  into  the  treasury  of  this  Cprqmonwealth  a  certain  sum  ' 
in  satisfaction  of  the  origmal  mortgage  and  praying  for  some  re- 
lief in  the  premises.  .'       ■■...,..: 

Resolved  ioi'  reasons  in  the  same  petition  set  forth,  that  there  bt 
advanced  and  paid  out  of  the  treasury  of  this  Commonwealth,  on 
loan,  to  the  said  Nahum  Wait  and  Alpheus  Davis,  the  sum  of  five 
hundred  dollars.  And  that  his  Excellency  the  Governor,  witli, 
the  advice  of  Council,  be  and  hereby  is  requested  t©  draw  his  ■ 
warrant  ©n  th^  treasury  aco^ordinf^lv. 


iO^.  RESO.LVES,  February  1808. 

Provided,  That  the  said  Nahum  Wait,  and  Alpheus  Davis, 
bhall  first  give  bond  to  the  treasurer  of  this  Common weuich  in 
the  sum  of  one  thousand  dollars,  widi  sufficient  surety,  condition- 
ed that  they,  the  said  Nahum  and  Alpheus,  shall  repay  the  said 
sum  of  five  hundred  dollars,  with  the  interest  thereof  whenever 
they  shall  be  thereunto  required. 

CXIII. 

Resolve  granting  Jffhn  Wells  thirty  dollars  for  apprehending  Za- 
dock  Sherman.    February  26,  1808. 

Oit  the  petition  of  John  Wells,  praying  for  compensation  for 
pursuing,  apprehending  and  committing  to  goal  Zadock  Sherman. 

Resolved,  For  reasons  set  forth  in  said  petition  that  there  be  paid 
out  of  the  treasury  of  this  Commonwealdi  to  said  John  Wells, 
thirty  dollars ;  and  that  his  Excellency  the  Governor  be,  by  and 
vviUi  the  advice  of  the  Council  requested  to  issue  his  warrant  ac- 
cordingly. 

CXIV. 

Resolve  on  the  petition  of  George  Ulmer  and  others,  graiititig  one ' 
quarter  of  a  township  to  the  proprietors  of  Duck  trap  Bridge. 
February  26,  1808. 

On  the  petition  of  George  Ulmer  and  others,  proprietors  of 
Duck  trap  Bridge,  praying  for  legislative  aid  to  enable  them  to 
rebuild  said  bridge. 

Resolved,  For  reasons  set  forth  in  said  petition  that  there  is 
hereby  granted  to  said  proprietors  for  the  purpose  aforesaid,  one 
quarter  of  a  township  of  land,  of  the  contents  of  six  miles  square, 
out  of  any  of  the  unappropriated  lands  in  the  District  of  Maipc, 
exceptiiig  the  ten  townships  lately  purchased  of  the  Penobscot 
Indians,  to  be  laid  out  under  the  directions  of  the  agents  for  the 
sale  of  Eastern  lands,  who  are  hereby  authorized  and  directed  to 
give  a  good  and  sufficient  deed  of  the  same,  subject  to  the  usual 
reservations  and  conditions  of  settlement. 

Resolve  on  the  Petition  of  Caleb  Gannett  and  John  Mellen,  au- 
thorizing them  to  make  roads  through  lots  of  certain  mi?iors, 
February  26th,\808. 

On  the  petition  of  Caleb  Gannett  and  John  Mellen  guardians 
of  their  respective  children,  after  named,  viz.    Caleb  Gannett, 


RESOLVES,  February  1808.  105' 

guardian  of  Thomas  Brattle  Gannett,  and  Elizabeth  Latham 
Gannett,  and  John  Mellen  guardian  of  Catharine  Saltonstall  Mel- 
len,  and  John  Wendell  Mellen  ,  praying  that  they  ma}'  be  au- 
thorized to  lay  out  such,  and  so  many  roads  through  certain  lots 
of  lands  in  Cambridge,  in  the  county  of  Middlesex,  as  in  the 
judgment  of  said  guardians,  and  of  the  other  proprietors  of  said 
lots  will  enhance  the  value  of  the  same. 

Resolved,  That  said  Caleb  Gannett  and  John  Mellen  be,  and 
they  hereby  are  authorized  to  unite  with  the  other  proprietors  of 
said  lots,  in  laying  out  and  making  roads  through  said  lots,  in 
the  same  manner  that  said  minors  could  have  done  were  they  of 
the  full  age  of  twenty. one  years. 

CXVIL 

Resolve  empowering  Lemuel  fVi/islow,  to  vest  a  sum  of  money  in 
real  estate,  for  the  use  of  Lemuel  Sherman.     Feb.  2(Sth,  1808. 

On  the  petition  of  Lemuel  Winslow,  guardian  of  Lemuel 
Sherman,  of  Rochester  in  the  county  of  Plymouth,  a  non  compos. 

Resolved,  That  the  prayer  of  the  petition  be  granted,  and  that 
the  said  Lemuel  Winslow  be  authorized  and  empowered,  and 
he  is  hereby  authorized  and  empowered  to  vest  a  sum  of  money 
the  property  of  the  said  Sherman,  now  in  the  hands  of  said  guard- 
ian, in  real  estate,  in  the  name  and  for  the  use  of  the  said  Lem- 
uel  Sherman  under  the  care  and  direction  of  the  Selectmen  of  the 
town  of  Rochester.  And  the  Judge  of  Probate  for  the  county  of 
Plymouth  be,  and  he  is  hereby  authorized  on  being  satisfied  that 
the  said  Lemuel  Winslow  has  complied  with  the  object,  and  in- 
tention of  this  resolve  ;  to  allow  and  pass  to  the  credit  of  the  said 
Lemuel  Winslow  in  the  accounts  of  his  guardianship  of  the  estate 
of  the  said  Lemuel  Sherman  such  sum  as  he  shall  expend  in  the 
purchase  of  real  estate  according  to  this  resolve. 

CXVIII. 

Resolve  on  the  petition  of  Joseph  TVales  authorizing  the  Judge  of 
Probate  of  Worcester,  to  appoint  agents  to  settle  estate  ofAbi^ 
jah  Willard  deceased,      February '^.Qth,  1808. 

On  the  petition  of  Joseph  Wales,  praying  for  leave  to  sell  the 
remaining  part  of  the  estateofAbij ah  Willard,  late  of  Lancaster, 
deceased,  an  absentee,  being  that  part  of  said  estate  which  was 
set  off  to  the  widow  of  said  deceased,  for  her  right  of  Dower^ 
during  her  natural  life,  and  she  being  also  now  deceased, 

N 


106  'UF.SOLVES,  February  180B. 

Resolved^  That  the  Judge  of  Probate  for  the  county  of  Worces-i  ' 
tcr  be,  and  he  is  herel)y  authorized  to  appoint  some  suitable  i:ier- 
tion,  other  than  the  above-named  petitioner,  to  settle  said  estate, 
such  person  so  appointed,  giving  security  for  observing  and  eon- 
forming  to  tlie  rules  and  regulations  of  the  law  in  settling  insol- 
vent estates  i 

CXIX. 

Mesolve  on  the  petition  of  Samuel  Freeman,  Esq.  Judge  of  Pro- 
bate for  Cumberlatd  county y  aulhorizing  the  Court  of  Sessions 
to  ma/ce  him  alhivanee.     February  26thy  1808. 
On  the  petition  of  Samuel  Freeman,  Esq.  Judge  of  Probate 
for  the  county  of  Cumberland  stating  that  his  present  allowance 
is  not  an  adequate  compensation  for  his  services  ;  and  it  appear- 
ing that  the  same  is  insufficient : 

Therefore  resolved.  That  the  Court  of  Sessions  for  said  coun- 
ty be  and  hereby  are  authorized  and  empowered  to  make  the 
Judge  of  Probate  for  said  county  for  the  time  being,  such  allow- 
unce  for  his  services  in  addition  to  the  fees  that  are  or  may  be 
established  by  law  as  they  may  judge  reasonable  and  just,  to  be 
paid  out  of  the  treasury  of  said  county. 

Provided  however.  That  such  allowance  together  with  such 
fees,  shall  not  exceed  the  sum  of  three  hundred  dollars  per  annum. 

cxx. 

iiesoive  on  the  Petition  of  Thomas  Poxvers.        F'eb.  27^/^,1808, 

On  the  petition  of  Thomas  Powers,  praying  that  the  time  for 
receiving  and  alldwing  claims  on  the  estate  of  James  Sloan,  late 
of  Greenwich  in  the  county  of  Hampshire,  represented  insolvent, 
may  be  extended. 

Resolved,  For  reasons  set  forth  in  said  petition,  that  the  Judge 
of  Probate  for  the  county  of  Hampshire  be,  and  he  hereby  js  ai*^ 
thorized  to  extend  the  commission  of  insolvency  on  the  estate  of 
said  James  Sloan,  so  as  to  alIo^v  the  commissioners  therein  named 
a  further  time  of  ninety  days  fronl  the  passing  of  this  resolve,  to 
receive,  examine,  and  allow  any  further  claims  to  said  estate, 
which  to  them  may  appear  »casonable  and  just,  diey  giving  no- 
tice of  the  time  and  place  of  their  sitting,  by  advertizing  the 
'  sfime  three  weeks  previous  thereto,  in  the  Hampshire  Gazette, 
printed  at  Northampton,  in  said  county  of  Hampshire  :  Provided 
however^  that  the  \vhole  expense  arising  under  this  resolve,  be 
borne  by  such  creditors  as  shall  pro^■e  nev,'  claims,  in  proportion 
to  their  respective  claims. 


RESOLVES,  February  1808,  107 

cxx. 

The  Committee  appointed  to  explore  and  survey  a  rout  for  a  wcf- 
ter  communication  from  the  harbour  of  Boston^  through  the 
towns  of  IFei/mouthy  Abington^  Bridgcwater^  Raynham^  by 
Taunton  river,  Narraganset  bay,  to  Long- Island  Sound,  beg 
leave  to 

REPORT— 
That  they  commenced  the  survey  at  high  water  mark,  Wey- 
mouth Fore  River  Landing,  and  passed  over  the  most  suitable 
land  for  making  a  \;  ater  communication  through  the  towns  de- 
scribed in  their  commission,  taking  the  course,  distance,  and  dif- 
ference of  level  at  every  station.     The  distance  on  this  rout  from 
the  commencement  of  the  survey,  to  the  tide  water  ai  Williams's 
landing  place,  Taunton  river,  is  twenty- six  miles;    the  highest 
land  they  passed  over,  is  at  Howard's  meadow,  in  Bridgewater, 
which  is  an  hundred  and  thirty-two  feet,  ten  inches  and  four 
tenths  above  the  tide  waters.     This  height  we  should  have  cgn- 
sidered  as  an  insurmountable  impediment,  and  have  abandoned 
any  further  survey,  but  from  the  elevated  situation  of  the  ponds 
in  its  vicinity,  viz.  Weymouth  Great  Pond  \s  about  four  miles 
from  the  Landing  place,  the  height  of  which  is  an  hundred  and 
forty-seven  feet,  five  inches  and  four  tenths  above  the  tide  water, 
and  fourteen  feet  seven  inches  above  the  highest  land  on  this  rout. 
Tile  surface  of  this  pond  contains  five  hundred  and  seven  acres, 
sixteen  rods  ;  its  depth  varies  from  ten  to  eighteen  feet.     The 
overflowing  of  this  pond  formerly  was  in  two  directions,  one 
running  to  the  south  into  Taunton  river,  the  other  north  into 
Weymouth  riyer,  but  the  late  improvements  for  the  erection  of 
mills  on  the  northern  outlet,  has  so  lowered  the  pond,  tliat  the 
water  now  passes  through  this  outlet  only » on  which  stream  there 
are  five  mills,  which  in  some  years,  a$  in  the  last,  were  kept  c(5n* 
§tantly  in  use  during  the  dryest  seasons.      The  banks  of  this 
pond  are  well  calculated  to  raise  its  waters  at  a  very  small  ex- 
pense.    Cramberry  Pond  is  situate  in  Braintree,  about  four  miles 
from  the  summit  height  in  Howard's  meadow,  which  is  well  cal- 
culated for  a  reservoir,  being  surrounded  with  high  land  on  eve- 
ry part,  excepting  one  uEituraJ  outlet  at  the  northerly  end,  of  fifty 
feet  in  breadth,  across  which  there  is  the  remains  of  an  ancient 
mill-dam,  which  might  be  eaily  rebuilt,  and  raised  eight  or  tea 
feet ;  its  surface  is  an  hundred  and  sixty  feet,  nine  inches  ^nd  six 
tenths  higher  than  the  tide  water,  making  it  twenty-seven  feet, 
eleven  inches  and  two  tenths  above  the  summit  height ;  there  is 
siJso  a  stream  which  empties  itself  rapidly  intp  thi;s  ppivd  at:the 


108  RESOLVES,  February  1808. 

soutlierly  end.  The  communication  of  Weymouth  Great  Pond 
with  the  summit  height,  must  unavoidably  p-dss  by  the  outlet  oi" 
Crambcrry  Pond.,  by  which  it  canl:)e  connected,  or  not,  as  occa- 
sion may  require.  This  communication  will  intersect  several 
small  streams  which  would  serve  as  auxiliaries  to  supply  any  loss 
of  water  in  its  passin*:;  from  the  ponds  to  the  summit  level. 
There  are  also  several  streams  at  the  west  of  the  summit,  Avhich, 
if  rerjuisite,  might  easily  be  led  as  feeders  for  the  Canal  at  the 
upper  level ;  the  most  noted  of  them  are,  one  from  the  Bear 
Swamp,  the  other  from  Curtis's  Pool.  Of  the  Ponds  adjacent, 
there  are  two  in  Braintrec,  one  called  the  Great,  the  other  the 
Little  Pond.  The  Great  Pond  is  situated  about  five  miles  from 
the  summit  height,  and  is  an  hundred  and  nine  feet,  five  inches 
and  two  tenths  above  tide  water;  this  can  be  conveyed  to 
the  third  level  if  needed,  on  the  northerly  part  of  the  Canal.  The 
largest  pond  on  this  rout  is  situated  partly  in  Bridgewater,  and 
partly  in  Raynham,  called  Nippiniicket  Pond,  is  reputed  to  con- 
tain about  a  thousand  acres  ;  its  surface  is  forty-nine  feet,  one 
inch  and  four  tenths  above  the  tide  water.  This  pond  alone  is 
sufliclent  to  supply  the  ^\  hole  of  the  Canal  below  its  level  on  the 
southerly  part  of  it,  til!  it  meets  Taunton  river  at  Williams's. 
landing  ;  from  w  hence  the  river  is  navigable  to  Narraganset  bay, 
and  Long-Island  Sound.  We  passed  also  (on  this  rout)  by  Fur- 
nace and  Forge  Ponds,  which  could  easily  be  conveyed  to  the 
Canal,  if  an  additional  supply  is  m  anted  in  the  lower  levels. 

We  observed  throughout  this  survey,  that  the  streams  gener- 
ally inclined  towards  the  east,  and  the  land  appearing  more  fa- 
vourable for  a  Canal,  induced  us  to  survey  a  more  eastern  rout, 
commencing  at  Weymouth  Back  Landing  and  passing  through 
the  towns  described  in  our  commission,  as  far  as  Titicut  Bridge, 
which  is  over  the  principal  branch  of  Taunton  river,  the  distance 
about  twenty-three  and  one  fourth  miles,  noting  in  the  same 
manner  the  course,  distance,  and  level  of  each  station,  as  in  ou^; 
former  rout,  both  of  which  are  described  on  the  Plan.  The 
summit  height  on  this  rout  is  at  Curtis's  meadow,  where, 
as  on  the  other  rout,  the  waters  divide  itself,  and  take  different 
directions,  one  part  running  southerly  towards  Taunton  river, 
the  other  northerly  to  Weymouth  river ;  its  height  an  hundred 
and  thirty-one  feet  ten  inches  above  tide  water.  The  Weymouth 
Great  Pond  can  be  led  to  this  summit  with  much  less  expense, 
than  to  the  summit  of  the  former  rout,  the  distance  is  about  three 
and  an  half  miles,  and  is  fifteen  feet,  seven  inches  and  four  tenth  s 
lower  than  the  Pond.  Cramberry  Pond  can  also  be  led  into  it, 
if  more  water  is  needed.     The  first  pond  we  pass  on  this  rout. 


RESOLVES,  February  1808.  109 

is  Whitman's  Pond,  in  Weymouth,  about  three  quarters  of  a 
mile  from  Back  River  Landing,  and  is  litty-four  feei,  ten  inches 
and  nine  tenths  above  tide  water,  and  can  be  conducted  to  the 
fifth  level.  This  Pond  is  sufficient  to  supply  all  the  Locks  below 
its  level  on  the  north  part  of  the  Canal.  The  next  pond  is  called 
Burrill's  Mili-Pond,  which  is  ninety  feet,  two  iiv.hcs  and  five 
tenths  above  tide  water ;  this  will  serve  for  a  reservoir  for  the 
third  level.  On  the  north  part  of  the  Canal,  in  Abin52;ton,  we 
pass  by  Nash's  Mill-Pond,  which  is  eighty-two  feet,  five  inches 
and  seven  tenths  above  tide  water,  which  will  furnish  water  for 
the  fourth  level ;  this  rout  can  be  fed  with  many  small  streams 
which  we  intersect,  as  also  some  small  rivers.  After  crossing 
John's  river  in  Bridgewater,  which  leads  into  Taunton  river  in 
a  very  circuitous  rout,  and  bordered  with  swamps,  we  avoided 
following  the  course  of  the  river,  and  crossing  over  the  high 
lands,  we  intersect  the  same  water  at  Titicut  Bridge,  where  we 
finished  this  survey. 

In  both  those  routs  more  favorable  ground  for  a  Canal  might 
be  selected,  than  is  represented  on  the  Plan.  Such  a  correct 
survey  would  require  much  time,  and  consequently  create  great 
expense.  Your  committee,  considering  that  the  information  of 
the  practicability  of  such  an  object  was  all  that  the  Honourable 
Court  repuired  of  them.  From  the  quantity  of  water  which  is 
above  the  summit  height ;  we  readily  formed  an  opinion  that  a 
Canal  might  be  made  to  connect  Taunton  great  river  with  the 
harbour  of  Boston  ;  but  the  calculation  of  the  size  and  draught 
of  water,  we  agreed  to  defer  until  the  survey  w^as  completed,  but 
by  the  dispensation  of  Providence  in  the  death  of  Colonel  Bald- 
win, your  Committee,  as  well  as  the  public,  are  deprived  of  the 
talents  and  abilities  he  possessed  in  tliis  particular  branch  of  his 
profession ;  w^e  should  have  discontinued  our  survey,  and  made 
a  particular  Report  of  the  progress  made  at  the  time  of  his  de- 
cease. But  considering  that  through  the  whole  course  of  our 
survey,  there  w'cre  but  few  instances  of  a  difference  in  opinion, 
and  those  not  so  material  as  to  affect  the  principle. 

As  Canals  wholly  depend  on  an  ample  supply  of  water  at  their 
summit  height,  to  enable  us  to  form  a  more  correct  judgmei|t, 
we  took  an  accurate  survey  of  the  W^eymouth  Great  Pond,  from 
which  we  make  the  following  calculation  : 

1st.  That  the  surface  of  the  Pond  contains  five  hundred  and 
se^'en  acres  and  sixteen  rods,  equal  to  22,089,276  square  fett. 

By  raising  the  waters  of  the  Pond  three  feet  will  give  the  com- 
mand of  five  feet  depth,  making  110,446,380  cubic  feet 


HO  RESOLVES,  February  1808. 

Admitting  a  canal  to  be  built,  sufficient  to  receive  a  vessel 
from  seventy-five  to  an  hundred  tons  burthen,  dra^^•ing  eight  f?ct 
of  water,  such  as  the  coasting  vessels  which  trade  between  Bos- 
ton and  New-York — those  employed  in  the  Southern  trade  draw 
less  water,  being  of  the  same  burthen — the  Locks  m  this  case 
muLt  be  in  length  eighty  feet,  breadth  twenty-two,  depth  ten— ^ 
making  for  each  Lock,  17,600  cubic  feet. 

At  this  upper  level  there  will  be  a  loss  of  2  Locks  of  water  for 
each  vessel — 35,200  cubic  feet. 

Supposing  12  passages  each  day — 422,400  cubic  (tct. 

For  8  months,  or  244  days,  is  cubic  feet  103,065,600 

Leaving  for  waste  by  leakage,  evaporation,  &c.       7,380,780 


110,446,380 
Exclusive  of  Cramberry  Fond,  which  at  five  feet 

deep,  affords  6,534,000 

With  the  above  surplus,  7,380,780 


Which  allows  one  eighth  part  for  loss,  13,914,78Q 

Without  considering  the  flow  from  springs,  inlets  and  rains, 
this  Pond  is  13  feet  4  inches  2- lOdis  higher  tlian  Wevmouth 
Pond. 

The  upper  level  on  either  rout  may  be  reduced  ten  feet  for  one 
mile  hi  length,  in  which  the  water  will  accunmlate  suflicient  to 
supply  any  loss  by  exhaltation,  and  not  being  so  exposed  to 
leakage,  will  at  the  same  time  be  a  saving  of  two  Locks. 

2d.  The  second  level  from  the  summit  height,  must  receive 
Its  whole  supply  from  the  same  source  widi  the  upper  level,  ex- 
cepting some  small  streams  it  intersects,  which  may  be  use-d  ac 
freeders  for  this  level. 

3d.  The  third  level,  on  the  northerly  part  of  the  Canal,  can  re- 
ceive aid  from  tiie  Braintree  Great  Pond,  which  lies  alx)ut  eight 
feet  higher  than  this  level ;  its  surface  is  equal  to  Weymouth  Pond, 
and  empties  itself  into  Fore  River ;  it  will  furnish  water  for  all 
the  Locks  below  this  level. 

4tli.  The  seven  upper  Locks  on  the  southerly  part  of  the  Canal 
must  also  receive  their  principal  supply  from  the  same  source 
with  the  upper  level.  There  are  several  streams  at  short  distance 
from  this  part  of  the  Canal,  from  which  could  be  formed  Reser- 
voirs to  supply  any  deficiency. 

5th.  The  eighth  level  passes  by  the  side  of  Nippinitick  Pond, 
which  is  the  largest  Pond  on  either  rout,  and  vill  afford  all  the 
water  necessary  for  the  Canal  till  it  meets  the  tide  water  on  Taun- 
ton Great  River. 


'  RESOLVES,  February  1808.  Ill 

Gth.  On  the  Eastern  rout,  the  highest  grounds  is  at  Curtis's 
Meadow,  in  Abington,  which  can  receive  its  water  irom  the  sime 
source  as  the  other  rout,  with  much  more  ease,,  as  before  stated. 
The  seven  upper  levels  on  the  northerly  part  of  this  Canal,  must 
also  i-eceive  its  supply  of  water  from  Weymouth  Great  Pond. 

7th.  The  eighth  level  passes  by  Whitman's  Pond,  which  is 
before  described,  empties  itself  in  Weymouth  Black  River,  and 
contains  water  sufficient  for  all  the  Locks  below  it. 

8th.  The  southerly  part  of  this  Canal,  in  addition  to  the  water 
from  the  upper  level,  can  receive  a  full  supply  from  Blanchard's 
Nash's,  Bicknell's,  Hohart's,  and  the  Furnace  Ponds,  till  it  meets 
the  main  branch  of  Taunton  River,  at  Titicut  Bridge,  from  whence 
to  Taunton  Landing,  the  distance  of  seven  miles,  the  river  navi- 
gation would  be  preferable,  to  continuing  the  Canal,  if  the  bed  of 
the  river  be  lowered  in  some  places. 

The  Locks  and  Levels  described  on  the  Plan,  are  of  the  equal 
height  of  ten  feet  each  ;  the  different  situations  and  number  of 
Locks  cannot  be  ascertained  with  certainty,  until  the  Canal  is 
propely  located.  The  survey  was  taken  with  the  spirit  level,  with- 
out any  deduction  for  the  curvature  of  the  earth. 

There  are  many  other  large  Ponds  between  the  harbour  of  Bos- 
ton and  Taunton  river,  notbeing  within  the  limits  of  the  Resolve, 
were  not  included  in  the  survey.  On  the  west,  in  the  towns  of 
Canton,  Stoughton,  Sharon,  Norton,  &c.  which  perhaps  miglit  be 
connected  with  Neponset,  (or  Milton)  river  ;  and  on  the  east,  in 
Middleborough,  Pembroke,  Halifax,  &c.  which  probably  might 
better  connect  Taunton  river  with  the  North  river,  in  Scituate 
harbour. 

Many  great  advantages  will  be  received  by  the  towns  through 
Avhich  this  Canal  passes,  by  a  water  communication,  for  the  great 
quantity  of  timber,  plank,  &c.  for  ship-building,  with  which  this 
part  of  the  country  abounds  :  The:  number  of  iron  works  will  be 
accommodated,  by  an  easy  conveyance  of  the  heavy  articles  of 
their  different  manufiictories  of  their  furnaces,  forges,  and  slitting- 
mills,  while  the  great  object  of  facilitating  the  trade  between  this 
and  the  Southern  States,  is  accomplished,  by  avoiding  the  great 
delay  and  danger  in  passing  round  Cape  Cod,  which  causes  the 
loss  of  many  lives  as  well  as  property  annually,  added  to  the  su- 
perior advantages  of  an  inland  communication  by  water  between 
the  capitals  of  New- Ycfk  and  Massachusetts,  in  a  time  of  Avar. 

Which  is  humbly  submitted,  by 

WILLIAM  TAYLOR,  >  ^        . 
ELIPHALET  LOUD,  5  ^^'^'"^^'"'^^ 

Bo^on,  Februnri^  L  1803. 


116  RESOLVES,  February  1808. 

The  Committee  to  whom  was  referred  "the  report  of  a  Com- 
mitter appointed  to  explore  and  survey  a  rout  for  a  water  com- 
munication from  the  harbour  of  Boston  through  the  towns  ol 
Weymouth,  Abington,  Bridgcwater,  Raynham,  by  Taunton 
river,  Narraganset  Bay,  to  Long- Island  Sound" — Report, 

That  the  Committee  appear  to  have  executed  the  duties  of 
their  commission,  with  great  accuracy  and  fidelity,  and  that  their 
Report  and  Plan  contains  much   valuable  information,  and  de- 
monstrates the  union  of  the  Harbour  and  Sound  to  be   practica- 
'  ble  m  the  course  surveyed. 

Your  Committee  are  destitute  of  the  documents  and  informa- 
tion which  would  enable  them  to  decide  whether  the  proposed 
rout  be  the  most  eligible  of  any  that  may  be  discovered,  and  are 
not  prepared  to  recommend  the  undertaking  of  this  project  at  the 
public  expense.  They  however  indulge  a  hope,  that  the  sur- 
vey now  made  will  invite  the  attention  of  the  public,  and  of  enter- 
prising citizens  to  this  useful  employment ;  and  for  this  pur- 
pose they  recommend  the  foUoAving  Resolve,  which  is  submitted. 

H.  G.  OTIS,  per  order. 
Resolved,  That  the  report  of  William  Taylor  and  Eliphalet 
Loud,  who  were  appointed  by  a  Resolve  of  the  General  Court,  in 
March  1806,  "to  explore  and  survey  a  rout  for  a  water  com- 
munication from  the  harbour  of  Boston  to  Long-Island  Sound," 
be  printed  in  the  Independent  Chronicle  and  Columbian  Ccnti- 
nel,  and  all  the  other  newspapers  in  ^vhich  the  Laws  of  the  Com- 
monwealth are  published  ;  and  that  said  Report,  and  the  Plan 
accompanying  the  same,  be  carefully  preserved  on  the  files  of  the 
General  Court ;  and  that  the  Committee  who  performed  said  ser- 
vice,  present  their  accounts  to  the  Committee  of  Accounts  for 
allowance.  In  Senate  Feb.  18,  1808. 

Read   and  passed,  sent  down  for  concurrence. 

SAML.  DANA,  President. 
In  the  House  of  Representatives^  Feb.  22,  1808, 
Read  and  concurred. 

PEREZ  MORTON,  Speaker. 
Feb.  28,  1808,  Approved. 

JAMES   SULLIVAN, 
True  Copy — Attest,  Jon  a.  L.  Austin,  Sec'ry. 

CXXL 

JResolve  granting  arid  confi?'ming  a  tract  of  land  to  the  town  of 
South-wick.      February  29th,  1808. 

On  the  petition  of  the  inhabitants  of  the  town  of  South  wick, 
in  the  county  of  Hampshire,  praying  that  a  certain  tract  of  land 


RESOLVES,  February  1808.  113 

On  Sodom  Mountain  within  the  bounds  of  the  said  town  of  South- 
wick,  which  was  originally  granted  to  the  proprietors  of  West- 
field,  and  by  them  conveyed  to  said  inhabitants,  may  be  confirm- 
ed to  said  inhabitants. 

Resolved^  For  reasons  set  forth  in  said  petition,  that  a  tract  of 
land  in  the  said  town  of  Southwick,  lying  on  Sodom  Mountain, 
bounded  west  on  Granville  line,  north  on  Westfield  line,  east 
partly  on  the  fourth  tier  of  lots,  and  partly  on  the  road  or  high- 
way, south  on  Connecticut  line,  be  and  hereby  is  granted  and 
confirmed  unto  the  said  inhabitants  of  the  town  of  Southwick 
and  their  assigns  forever  :  Provided  however^  that  nothing  here- 
in contained  shall  be  construed  to  oblige  this  Commonwealth,  in 
any  way  or  manner,  to  make  any  compensation  to  said  inhabitants 
for  any  defect  of  title  to  the  Same  tract  of  land  or  any  part  there- 
of :  Provided  also,  that  nothing  herein  contained  shall  be  so 
construed  as  to  aftect  any  former  grant  or  grants  of  said  land,  or 
in  any  way  to  impair  the  lawful  rights  or  claims  of  any  person  or 
persons  to  the  same  land  or  any  part  thereof. 

CXXII. 

Resolve  on  the  petition  of  Jonathan  Boxvman  and  Wife, 
February  29th,   1808. 

Upon  the  petition  of  John  Bowman  and  Hannah  his  wife  in 
her  right,  praying  that  they  may  be  authorized  to  sell  certain 
real  estate,  devised  to  the  said  Hannah  and  her  children,  by  the 
last  will  and  testament  of  Jonathan  Frye,  late  of  Andover  in  the 
county  of  Essex,  deceased. 

Resolved,  That  the  said  John  and  Hannah  be,  and  they  are 
hereby  fully  authorized  and  empowered,  to  sell  at  public  ven-*' 
due,  and  pass  deeds  to  convey  any  real  estate  devised  to  the  said! 
Hannah  and  her  children,  in  and  by  the  last  will  and  testament 
of  the  said  Jonathan  Frj^e,  deceased,  and  the  same  being  duly 
acknowledged  and  registered,  shall  be  good  and  valid  in  law  ta 
pass  the  same  estate,  provided  they  shall  first  advertise  the  lime 
and  place  of  the  intended  sale  in  the  same  manner,  guardians 
having  a  licence  therefor  are  obliged  to  do;  and  provided  further  y 
That  they  shall  first  give  bond  to  the  Judge  of  Probate  in  the 
county  of  Essex,  with  sufiicient  sureties  to  be  approved  by  him, 
conditioned  that  they  shall  render  an  account  of  the  proceeds  of 
the  said  sale,  in  the  Probate  Office  in  like  manner  as  guardians 
by  law  are  required  to  do,  and  also  account  for  the  same,  to  their 
said  children,  or  appropriate  the  same  for  their  benefit,  as  the 
O 


114  RESOLVES,  March  1808. 

said  Judge  shall  order  and  decree,  in  the  same  proportions  as  they 
arc  entitled  to  have,  and  hold  the  said  real  estate  by  force  of  the 
said  will,  and  in  all  other  things  conform  to  the  regulations  of 
law  relating  to  the  sale  of  real  estate  by  guardians. 

CXXIII. 

Resolve  allowing  the  accounts  of  the  Trustees  of  the  Grafton  In- 
dians.    February  29ihy  1808. 

Whereas  it  appears  by  examining  the  accounts  presented  by 
the  trustees  of  the  Grafton  Indians  from  January  12th,  1804,  to 
the  8th  September  1807,  that  the  articles  are  reasonably 
charged,  and  the  sums  well  vouched,  and  right  cast,  and  that 
there  is  a  balance  remaining  in  his  hands  in  favour  of  said  Indians, 
tlie  sum  of  two  thousar.d  two  hundred  and  fifty-three  dollars, 
and  eighteen  cents,  and  five  mills.  Resolved^  That  the  said  ac- 
counts be  accepted  and  allowed,  and  that  the  said  Trustee  stands 
charged  with  the  said  sum  of  two  thousand,  two  hundred  and 
and  fifty-three  dollars,  and  eighteen  cents,  and  five  mills,  for 
which  he  is  to  account  hereafter. 

CXXIV. 

Resolve  on  the  petition  of  IFilUam  Tudor,       March  Ist^  1808. 

On  the  petition  of  William  Tudor,  Esq,  and  for  the  reasons 
therein  set  forth. 

Resolved^  That  the  said  William  Tudor,  Esq.  be  and  he  here- 
by is  allowed  the  term  of  twelve  months  to  pay  and  satisfy  an 
execution,  now  in  the  hands  of  the  Sheriff  of  the  county  of  Suf- 
folk, issued  on  a  judgment  rendered  at  the  Supreme  Judicial 
Court  in  the  county  of  Suffolk,  against  the  said  William  Tudor, 
John  Peck,  and  William  Whetmore,  Esq.  Provided,  The  said 
William  Tudor,  shall  on  or  before  the  return  day  of  said  execu- 
tion,  give  security  to  the  Treasurer  of  the  Commonwealth  to 
satisfy  said  judgment,  and  the  interest  which  may  arise  thereon 
within  the  time  aforesaid,  and  the  said  Sheriff  is  hereby  directed 
to  return  the  said  execution  in  no  part  satisfied. 

cxxv. 

Resolve  on  the  Petition  ofEUsha  Hutchinson.    March  Ist^  1808. 

On  the  petition  of  Elisha  Hutchinson  of  Birmingham  in  the 
county  of  Warwick  in  the  United  Kingdom  of  Great  Britain, 


RESOLVES,  March  180a.  lu 

and  Ireland,  guardian  of  John  Hutchinson,  a  minor,  and  son  of 
said  Elisha  Hutchinson,  praying  by  his  attorney  George  Watson 
Brimmer,  of  Boston,  in  the  county  of  Suftblk,  and  Common- 
wealth aforesaid,  merchant,  for  leave  to  sell  and  convey  certain 
real  estate  of  said  John  Hutchinson. 

JResolvedy  That  George  Watson  Brimmer,  above  named,  be 
and  he  hereby  is  authorized  to  sell  at  public  auction,  or  at  private 
sale,  and  execute  a  sufficient  deed  or  deeds  to  convey  all  the  real 
estate  situated  in  this  Commonwealth,  to  which  said  John  Hutch, 
inson,  is  entitled,  or  of  which  he  is  seized  as  an  heir  to  Mary 
Hutchinson,  deceased,  late  the  wife  of  the  said  Elisha  Hutchin- 
son  and  mother  of  the  said  John  Hutchinson,  Prcfvidedy  that 
said  George  Watson  Brimmer,  shall  first  give  bonds  to  the 
Judge  of  Probate  for  the  county  of  Suffolk,  for  the  time  being 
and  his  successors  in  said  office  with  sufficient  surety  or  sureties, 
that  he  will  apply  the  proceeds  of  such  sales  to  the  use  of  said 
minor,  and  account  for  the  same  to  said  minor. 

CXXVI. 

Resolve  allowing  to  Daniel  Jackson,  Esq.  the  sufn  oj* twelve  /itm- 
dredar-^  :,velve  dollar s,  seventy -two  cents.     March  Isty  1808. 

The  Committee  of  both  Houses  to  whom  was  referred  the  an- 
nual account  of  Daniel  Jackson,  Esq.  Superintendant  of  the  State's 
Prison,  ending  the  first  day  of  December  last,  have  attended 
that  service  by  examining  the  said  account  as  transmitted  by  his 
Excellency  the  Governor,  amounting  to  eighteen  thousand  two 
hundred  and  twenty  dollars  and  ninety-four  cents ;  which  they 
believe  to  be  correct ;  and  finding  a  balance  due  to  said  Jackson 
on  said  account,  of  twelve  hundred  and  twelve  dollars  and  sev  - 
enty-two  cents,  they  beg  leave  to  propose  the  following  resolve, 
all  which  is  submitted. 

NATHAN  WILLIS,  per  order. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Treasury 
of  this  Commonwealth  to  Daniel  Jackson,  Esq.  Superintendant 
of  the  State's  Prison  the  sum  of  twelve  hundred  and  twelve  dol- 
lars, and  seventy-two  cents,  as  the  balance  of  his  account  up  to 
the  first  day  of  December,  eighteen  hundred  and  seven,  and  his 
Excellency  the  Governor,  by  and  with  the  advice  of  Council,  is 
hereby  authorized  to  issue  his  v/arrant  accordingly. 


116  RESOLVES,  March  1808. 

CXXVII. 

Resolve  on  the  petition  oj' Joseph  Stone.  March  Isf^  1808. 

Oil  the  petition  of  Joseph  Stone  of  Harvard,  in  the  county  of 
Worcester,  setting  forth  that  an  execution  had  issued  against  him 
on  his  bond  of  recognizance  at  the  supreme  court  at  Worcester, 
for  the  appearance  of  one  Isaiah  Parker,  for  the  sum  of  five  hun- 
dred dollars,  praying  that  the  execution  be  stayed,  to  enable  him 
to  raise  the  money  from  the  property  left  in  his  hands  by  said 
Parker. — Therefore  resolved^  That  execution  be  stayed  ibr  the 
term  of  nine  months,  provided.,  that  such  security  be  given  to  the 
Sheriff  as  he  shall  deem  sufficient  to  ensure  the  payment  at  that 
time. 

CXXVIII. 

Resolve  on  the  petition  of  Thomas  Xoyes  and  Israel  Hunting. 
March  2,  1808. 

On  the  petition  of  Thomas  Noyes  and  Israel  Hunting  praying 
that  the  heirs  of  William  Fuller,  Esq,  late  of  Needham  in  the 
county  of  Norfolk  deceased,  may  be  authorized  and  empowered 
to  convey  by  deed,  a  certain  tract  of  land  containing  about  eleven 
acres  more  or  less,  situate  and  being  in  that  part  of  said  to^vn  of 
Keedham  called  the  Hundreds. — Resolved,  for  reasons  set  forth 
in  said  petition,  that  the  guardians  of  the  minor  heirs  of  the  said 
William  Fuller,  be  and  hereby  arc  authorized  and  empowered 
to  join  with  the  heirs  of  the  said  William  Fuller,  that  are  of  age, 
ill  making  and  executing  good  and  sufficient  deed  or  deeds  of 
said  eleven  acres  of  land  to  the  said  Thomas  Noyes  and  Israel 
Hunting  the  petitioners. 

CXXIX. 

Resolve  directing  the  Attorney  General  to  stay  proceedings  against 
certain  settlers  in  the  District  of  Maine.       March  2,  1808. 

Whereas  by  a  resolve  of  the  General  Court  passed  the  third 
day  of  March,  1806,  the  Attorney  General  was  directed  to  eject 
certain  settlers  in  the  counties  of  Hancock  and  Washington,  who 
shall  fail  of  completing  the  payment  for  the  lots  on  which  they 
had  settled  respectively,  on  or  before  the  third  day  of  March 
1807,  and  whereas  it  appears  that  the  said  payments  are  not  yet 
fully  completed.  —  Therefore  resolved.  That  the  said  Attorney 
General  be  directed  to  stay  his  proceedings  relative  to  the  same 


RESOLVES,  March  1808.  117 

for  tlie  further  term  of  twelve  months,  from  the  passing  of  tliis 
resolve.  And  the  Agents  for  the  sale  of  Eastern  Lands  are  di- 
rected in  the  mean  time  to  receive  any  monies  which  the  said  set- ' 
tiers  may  pay,  and  to  make  out  the  deeds  of  their  respective  Lots, 
in  the  usual  manner,  any  thing  in  the  said  resolve  of  March  third, 
1806,  to  the  contrary  notwithstanding. 

cxxx. 

Resolve  to  present  the  Chaplain  with  the  Laws  and  Maps. 
March  2,  1808. 

Resolved^  That  the  Secretary  of  the  Commonwealth  be  and 
hereby  is  directed  to  present  and  deliver  to  the  Rev.  iVir.  Baid- 
wid  the  present  Chaplain  to  both  Houses,  a  set  of  the  pj;:  ted 
Laws  of  this  Commonwealth. — A  set  of  printed  Journals. — And 
a  set  of  Maps  of  this  State. 

CXXXL 

Resolve  for  further  distribution  of  General  Laws.   March  2,1808. 

Resolved,  That  his  Excellency  the  Governor,  his  Honor  the 
Lieutenant  Governor,  and  each  member  of  the  present  honourable 
Council,  and  each  member  of  the  present  Senate,  and  House  of  Rep- 
resentatives, be  entitled  to  receive,  one  set  of  the  last  edition  of  the 
General  Laws  of  this  Commonwealth,  who  have  not  already  each 
received  a  set  of  the  same  according  to  a  resolve  passed  the 
thirty-first  of  January,  one  thousand  eight  hundred  and  seven. 
And  the  Secretary  is  hereby'directed  to  deliver  the  same  accord- 
ingly. 

Be  it  further  resolved^  That  one  set  of  said  General  Laws,  be, 
by  the  Secretary ,  delivered  to  each  Register  of  Probate,  and  each 
Register  ol  Deeds,  for  the  use  of  their  respective  offices,  and  to 
each  Clerk  of  the  Courts  of  Sessions,  for  the  use  of  their  respec- 
tive Courts,  in  the  several  Counties  in  this  Commonweahh. 

CXXXIL 

Resolve  on  the  petition  of  JFilliam  Brewer  and  Isaac  Davis. 
March  2,  1808. 

On  the  petition  of  William  Brewer  and  Isaac  Davis,  adminis- 
trators on  the  estate  of  Benjamin  Davis,  late  of  Brookline  in  the 
County  of  Norfolk,  deceased,  praying  to  be  authorized  to  make 
and  execute  a  deed  to  Artemas  Stone  of  said  Brookline  of  a 


X19  RESOLVES,  March  1808. 

piece  of  land  sold  to  him  by  the  said  Benjamin  Davis,  who  died 
before  any  deed  thereof  was  executed. 

Mesolvedy  for  reasons  set  forth  by  the  said  petitoners,  that  the 
prayer  of  their  petition  be  granted,  and  the  said  Wilham  Brewer 
and  Isaac  Davis  be,  and  they  are  hereby  authorized  and  empow- 
ered to  make  and  execute  a  good  and  sufficient  deed  of  the  land 
sold  by  the  said  deceased  to  the  said  Artemas  ^tone,  they  first 
giving  satisfactory  bonds  to  the  Judge  of  Probate,  for  the  said 
County  of  Norfolk,  conditioned  that  they  will  faithfully  account 
under  oath  at  the  Probate  Office  for  the  monies  received  by  them 
for  the  sale  of  said  land. 

CXXXIII. 

Resohe  on  the  petition  of  Mary  0  JVeily   directing  the  Attorney 
General  and  Solicitor  General  to  institute  an  inquest  of  Office, 
March  2,  1808. 

Whereas  Mary  O  Neil  has  petitioned  the  General  Court,  and 
made  it  appear  that  James  O  Neil,  her  husband,  being  an  alien 
came  with  her  and  three  children  into  the  county  of  York,  in  this 
State,  and  there  purchased  a  ti*act  of  land  for  a  farm,  and  mort^ 
gaged  the  same  for  a  part  of  the  purchase  money,  and  after  living 
many  years  on  the  same,  erecting  buildings  thereon,  and  bring- 
ing it  to  a  state  of  valuable  improvement,  died,  still  an  alien  un- 
naturalized, leaving  the  said  Mary  with  a  family  increased  by 
three  other  children  born  witliin  this  Commonwealth  ;  the  mort- 
gagee has  obtained  possession  of  the  whole  for  a  small  sum  of 
money  compared  with  its  value,  and  refuses  redemption  by  the 
said  Mary  and  her  Children. — Resolved^  That  the  Attorney  and 
Solicitor  General,  or  eitlier  of  them  be,  and  hereby  are  directed 
if  on  enquiry  they  think  proper  to  institute  an  hiquest  of  office, 
or  such  other  legal  process  as  they  shall  see  fit,  for  tlie  recovery 
of  said  land  to  the  intent,  that  after  pa}  ing  to  the  said  mortgagee, 
what  shall  appear  to  be  equitably  his  due,  and  after  defraying 
charges  out  of  the  same,  the  Commonwealdi  n^ay  do  with  the 
residue  for  the  said  Mary  O  Neil,  and  her  children,  as  equity 
and  humanity  require. 

CXXXIV. 

Hesolve  instructing  the  Senators  and  Representatives  of  this  State 
in  Congress  to  endeavour  to  procure  an  amendment  to  the  Con- 
stitution  of  the  United  States.     March  2,  1808. 

Resolved,  That  the  Senators  and  Representatives,  of  this  Com^ 
ixionwealtb,  in  the  Congress  of  the  United  States  be,  and  they 


RESOLVES,  March  1808.  U^ 

hereby  are  requested  to  use  their  best  endeavours  to  procure  such 
an  amendment  to  the  Constitution  of  the  United  States,  as  will 
empower  the  President  of  the  United  States  to  remove  from  of. 
fice  any  of  the  Judges  of  the  Courts  of  the  United  States,  upon 
an  address  to  him  made  for  that  purpose,  by  a  majority  of  the 
House  of  Representatives,  and  two  thirds  of  the  Senate  in  Con- 
gress assembled. 

Resolvedy  That  the  Governor  be,  and  he  hereby  is  requested 
to  transmit  the  foregoing  resolution  to  each  of  the  Senators  and 
Representatives  from  this  Commonwealth  in  the  Congress  of 
the  United  States,  also  to  the  Governor  of  the  State  of  Vermont 
to  be  laid  before  the  General  Assembly  of  that  State. 

cxxxv. 

Resolve  authorizing  the  Governor  to  draw  warrants  on  the  Trea* 

surer  in  favour  of  the  Superintendant  of  the  State's  Prison. 

March  2df  1808. 

Resolved,  That  his  Excellency  the  Governor,  by  and  with  the 
consent  of  the  Council,  be,  and  he  is  hereby  authorized  to  draw 
warrants  upon  the  Treasurer  of  this  Commonwealth  in  favour  of 
the  Superintendant  of  the  State's  Prison,  for  such  sums  and  at 
such  periods  as  he  may  deem  expedient,  not  exceeding  ten  thou- 
sand dollars,  to  enable  said  Superintendant  to  perform  his  con- 
tracts, and  defray  the  expenses  of  said  prison  for  the  present 
year,  he  to  be  accountable  for  the  same. 

CXXXVI. 

Resolve  on  the  Petition  of  John  Mien.       March  2,  18©8. 

On  the  petition  of  John  Alien,  praying  that  a  farther  tirtie  may 
be  allowed  him  for  the  payment  of  a  certain  note  due  from  him 
to  this  Commonweahh  for  a  tract  of  Eastern  lands. 

Resolved,  For  reasons  set  forth  in  said  petition,  that  a  further 
time  of  payment  of  one  year  from  the  expiration  of  the  time  o^ 
payment,  in  said  note  expressed,  be  and  hereby  is  allowed  to 
said  John  Allen,  and  that  the  Treasurer  of  the  Commonwealth 
be,  and  is  hereby  required  to  govern  himself  accordingly. 

CXXXVII. 

Resolve  on  the  Petition  of  the  Overseers  of  Bowdoin  College. 

March  Sd,  1808. 

On  the  petition  of  the  Trustees  and  Overseers  of  Bpwdoin 
College, 


120  ,  RESOLVES,  March  1808. 

Resolved,  That  there  be,  and  hereby  is  granted  two  townships 
of  land,  of  the  contents  of  six  miles  square  each,  to  be  laid  out, 
and  assigned  from  any  of  the  unappropriated  lands  of  tliis  Com- 
monwealth in  the  District  of  Maine,  at  the  expense  of  the  grantees, 
(except  the  ten  townships  on  Penobscot  river  purchased  of  the 
Indians,  and  the  township  number  four,  in  the  second  range  of 
townships  north  of  the  Waldo  patent)  the  same  to  be  vested  in 
the  trustees  of  Bowdoin  College  and  their  successors  forever,  for 
the  use,  benefit,  and  purpose  of  supporting  said  College,  said 
township  to  be  laid  out  under  the  direction  of  the  Common- 
wealth agents  for  the  sale  of  Eastern  lands,  subject  to  the  usual 
reservations  and  conditions  of  settlement. 

CXXXVIII. 

Resolve  granting  one  hundred  and  Jorty  dollars  to  Doctor  John 
Thorn.      March  5th,  1808. 

On  the  petition  of  John  Thorn, 

Resolved^  That  forty  dollars  be  granted  and  paid  out  of  the 
public  treasury  to  Doctor  John  Thorn,  in  full  of  his  account 
of  attendance  and  medicine  in  the  cure  of  John  Maxwell,  who 
was  wounded  while  doing  military  duty  on  the  5  th  day  of  May 
last. 

CXXXIX, 

Resolve  on  the  Petition  of  Jonathan  Young.     March  5th,   1808. 

On  the  petition  of  Jonathan  Young,  a  pensioner,  who  lost  an 
arm,  while  doing  public  military  duty,  and  praying  for  further 
relief: 

Resolved,  That  the  said  Jonathan  Young  shall  be  allowed  fifty 
dollars  annually  from  the  first  day  of  Maich,  eighteen  hundred  and 
eight,  in  lieu  of  the  pensions  formerly  granted  to  him  ;  and  the 
Governor,  with  advice  of  Council,  is  requested  to  draw  his  war- 
rant from  time  to  time  on  the  treasury  for  the  payment  of  the 
same  accordingly. 

CXL. 

Resolve  on  the  Petition  of  Hannah  Chore.      March  5th,  1808. 

On  the  petition  of  Hannah  Chore,  one  of  the  Natick  Indians, 
and  wife  of  John  Chore,  a  Negro,  praying  that  the  guardian  of 
said  Indians  may  be  empoAvered  to  sell  land  of  said  Hannah 
Chore. 


RESOLVES,  March  1808.  121 

Resolved y  That  the  Honourable  Jonathan  Maynard,  Esq« 
guardian  of  said  Indians,  be,  and  he  hereby  is  authonzcd  and 
empowered  to  sell  at  public  vendue  to  the  hii^hest  bidder,  so 
much  of  said  Hannah's  real  estate,  and  in  such  part  as  can  be 
best  spared,  as  will  amount  to  sixty  dollars,  said  guardian  giving 
suitable  notice  of  such  sale,  by  publishing  the  same  as  is  provided 
in  the  law  for  selling  the  estate  of  minors  by  guardians,  and  that 
the  said  guardian  be  empowered  to  make  and  execute  a  good  and 
sufficient  deed  or  deeds  to  the  purchaser  or  purchasers,  which 
shall  be  good  and  valid  in  law,  said  guardian  to  apply  the  money 
arising  from  such  sale  to  discharging  the  debt  expressed  in  said 
petition,  and  to  be  accouncablc  as  guardian  of  said  Natick  In- 
dians. 

CXLI. 

Grant  of  Jive  hundred  dollars   in  full  satisfaction  of  all  demands 
of  Robert  Treat  Paine ^  Esq.      March  8th,  1808. 

Resolved,  That  there  be  paid  out  of  the  public  treasury  of  this 
Commonwealth  to  the  Honourable  Robert  Treat  Paine,  Esq.  the 
sum  of  five  hundred  dollars  in  full  for  his  services-in  commenc- 
ing and  prosecuting  the  several  libels  for  the  forfeiture  of  ab- 
sentees' estates,  instituted  by  him,  for  all  his  services  concerning 
said  prosecutions,  and  for  all  other  demands  whatever,  against 
the  said  Commonwealth. 

CXLII. 

Resolve  granting  Lejmtel  Parker  a  new  tJ'ial,     March  8,  1808.' 

On  the  petition  of  Lemuel  Parker,  praying  for  a  new  trial,  in 
an  action  on  which  judgment  was  rendered  by  the  Supreme  Ju- 
dicial Court  in  and  for  the  county  of  Middlesex,  at  April  term,  in 
the  year  of  our  Lord  eighteen  hundred  and  three,  in  favour  of 
Simon  Gilson,  of  Peppereli,  in  said  county  of  Middlesex,  against 
him  the  said  Lemuel  Parker  for  the  sum  of  two  thousand  five 
hufidred  and  ten  dollars  and  seventy  fi\'e  cents,  damage  and  costs 
of  suit. 

Resolved,  for  the  reasons  set  forth  in  said  petition  that  the  said 
Lemuel  Parker  be,  and  he  hereby  is  authorized  and  empowered 
to  sue  out  of  the  Clerk's  Office  of  the  Supreme  Judicial  Court  for 
the  said  county  of  Middlesex  a  writ  of  review  of  the  said  action 
in  common  form,  returnable  at  the  next  terra  of  the  said  court, 
to  be  holdcn  within  and  for  said  county  of  Middlesex,   and  to 

P 


122  RESOLVES,  March  1808. 

prosecute  the  same  writ  in  the  same  way  and  manner,  to  all  in- 
tents and  purposes,  as  if  the  same  had  been  granted  by  the  Jus- 
tices of  the  said  Court,  on  petition  within  three  years  alter  the 
rendition  of  the  said  juds^ent. 

Provided  however.  That  if  the  said  Simon  Gilson  shall  at  the 
said  next  term,  elect  to  have  the  said  original  action  and  all  de- 
mands which  existed  between  the  parties  on  the  thirteenth  day 
of  April  in  the  year  of  our  Lord  eighteen  hundred  and  two,  re- 
ferred to  other  referees  in  the  same  way  and  manner  they  ■were 
referred,  by  a  certain  rule  of  the  said  court  made  at  the  Apiil 
term  of  said  Court,  within  and  for  said  county  of  Middlesex  in 
the  year  last  aforesaid,  and  the  parties  aforesaid  cannot  agree  up- 
on such  referees,  that  then  the  court  may,  and  sli.ill  have  power 
to  name  three  or  five  referees  ;  and  if  the  said  Lemue!  P.i.ker, 
shall  not  consent  to  submit  the  said  action  and  demand  to  such 
referees  named  by  the  court  in  manner  and  form  aforesaid,  then 
the  said  writ  of  review  shall  and  may  be  discontinued  by  the  court 
and  the  said  Simon  shall  be  entitled  to  reco\  er  his  costs  ;  but  if 
the  said  Simon  shall  not  consent  to  sucli  reference,  or  the  court 
shall  decline  to  name  referees  as  aforesaid,  then  the  said  writ  of 
review  shall  proceed  and  trial  be  had  thereon,  in  the  same  way  and 
manner  in  all  respects,  as  in  cases  of  writs  of  review  granted  by 
the  said  court  on  petition. 

CXLIIL 

Resolve  releasing  Moses  Herrickfrom  ajudgmentofthe  Supreme 
Judicial  Court.     March  8,  1808. 

On  the  petition  of  Jonathan  Herrick,  praying  that  Moses  Her- 
rick  his  surety  may  be  released  from  the  payment  of  a  judg- 
ment of  the  Supreme  Judicial  Court,  passed  against  him  at  the 
Supreme  Judicial  Court,  at  Nortliampton,  at  Septemlxir  term 
1807,  on  the  forfeiture  of  a  recognizance,  which  was  for  the 
appearance  of  the  said  Jonathan,  before  the  said  court  on  the 
fourth  Tuesday  of  April,  1807. 

It  appearing  that  the  said  Jonathan,  as  principal,  has  paid  die 
full  forfeiture  of  his  recognizance,  which  was  for  the  same  ap- 
pearance with  costs,  and  costs  on  the  prosecution  of  the  said 
Moses,  on  his  said  recognizance. — Therefore  resolved,  That  the 
said  Moses,  be,  and  he  hereby  is  released  from  the  said  judg- 
ment, and  that  no  exectition  issue  therein. 


RESOLVES,  March  1808.  123 

CXLIV. 

Resolve  granting  to  the  Boston  Atheneiim^  LawSy  Resolves  and 
Maps.     March  8,  1808. 

Resolved,  That  there  be,  and  there  is  hereby  granted  to  the 
proprietors  of  the  Boston  Atheneuni,  one  set  of  the  public  and 
private  printed  laws  of  this  Commonwealth,  together  with  the 
resolves,  and  Map  of  Massachusetts  proper,  and  the  District  of 
Maine,  and  that  the  Secretary  of  this  State  be  enjoined  to  deliver 
the  same  accordingly. 

CXLV. 

Resolve  re?idermg  valid  the  doings  of  Portland  Light  Infantry. 

March  9,  1808. 

Whereas  Martin  Nichols,  John  W.  Smith,  and  George  Lovis, 
commissioned  Officers. of  a  Company  of  Light  Infantry  in  the 
to'.vn  of  Portland  have  petitioned  this  court,  that  the  doings  of 
saiv:  company  may  be  confirmed. 

Titer efore  resolved.  That  the  proceedings  and  doings  of  the 
said  Light  Infamry  Company,  raised  in  pursuance  of  a  resolve  of 
the  General  Court,  which  was  approved  by  the  Governor,  on  the 
twenty  eighth  day  of  January,  in  the  year  of  our  Lord  eighteen 
hundred  and  seven,  be  and  hereby  are  confirmed  and  rendered 
Valid  in  law,  any  irregularities  in  their  doings,  or  in  their  enlist- 
ing roll,,  to  the  -contrary  notwithstanding. 

CXLVI. 

Resolve  authorizing  WiUiam  Southgate  to  make  a  sufficient  deed 
to  Henry  Morse.      March  10,  1808. 

On  the  petition  of  William  Southgate,  administrator  on  the 
estate  of  John  Southgate  deceased,  praying  to  be  empowered  to ' 
make  a  good  and  sufficient  deed  to  Henry  Morse,  conveying  to 
him  five  acres  of  land  in  SpSJicer,  in  the  county  of  Worcester, 
which  the  said  Henry  had  bargained  and  paid  for,  to  the  ssiid 
John  in  his  life  time,  and  received  his  receipt  not  under  seal.  It 
appearing  thiit  the  facts  stated  in  said  j^-tition  are  true,  and  also 
that  all  the  heirs  of  age,  and  guardjalT^  to  the  minor  heirs  of  the 
said  John  Southgate  are  consenting/  Wherefore  resolved ^  that  the 
said  William  Southgate  be,  andhehereby  is  authorized  and  em-^ 
powered  to  make,  and  execute  to  the  said  Henry  Morse  his  heirs 
and  assigns,  a  good  and  sufficient  deed  of  conveyance  cf  the  said 
five  acres  of  land. 


124  RESOLVES,  March  1808. 

CXLVII. 

Resolve  requesting  the  Governor  to  order  Brigade  Majors  to  in- 
spect  town  magazines,  and  make  returns t     March  l{)th,  1808. 

Whereas  from  the  returns  in  the  Adjutant-General's  Office, 
it  appears  that  some  Brigade  Inspectors  have  neglected  to  per- 
foi'm  a  part  of  the  duty  enjoined  on  them  by  law,  which  is  to  in- 
spect the  several  town  magazines,  within  their  respective  Brig- 
ades, and  present  all  deficient  towns  to  the  Grand  Jury,  in  the 
same  count}-,  and  have  omitted  to  make  returns  thereof  to  the 
Adjutant-General's  Office. 

Therefore  be  it  ?'esolved,  That  his  Excellency  the  Commander 
in  Chief  be,  and  he  hereby  is  requested  to  take  such  measures 
ps  he  may  judge  to  be  proper  and  necessary  in  the  premises, 
and  issue  his  orders  requiring  the  several  Brigade  Majors  forth- 
with to  inspect  the  town  magazines  within  their  respective  brig- 
ades, and  make  accurate  returns  thereof  to  the  Adjutant- Gener- 
al's pfRce  without  delay. 

CXLVIII. 

Resolve  for  paying  certain  persons  for  services  rendered  in  the 
trial  of  Moses  Copeland,       March  lOth,  1808. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  treasury 
of  this  Commonwealth,  to  the  several  persons  who  attended  the 
Court  of  impeachment  on  the  trial  of  Closes  Copeland,  Esq.  as 
follows  :  To  Joshua  Head,  Esq.  for  serving  and  returning  the 
summons,  the  sum  of  fifteen  dollars  and  seventy-five  cents.  To 
Jacob  Kuhn,  Crier  of  the  Court,  the  sum  of  five  dollars.  To 
Jeremiali  Allen,  Esq.  Sherift'of  the  county  of  Suffolk,  for  his  at- 
tendance three  days,  the  sum  of  twelve  dollars.  To  John  D.  Dun- 
bar, Clerk  of  said  Court,  including  copying  and  recording,  the 
sum  of  fifteen  dollars.  To  George  Willington,  a  witness  on  the  part 
of  government,  one  hundred  and  twenty-two  dollars.  To  Benja- 
min Webb,  a  witness  on  the  part  of  the  said  Copeland,  two  dollars. 

And  that  his  Excellency  the  Governor  with  the  advice  of 
Council  is  hereby  requested  to  issue  his  warrant  accordingly. 

CXLIX. 

Resolve  directing  the  Attorney-  and  Solicitor  General  to  com- 
mence suits  to  obtain  a  legal  decision  on  the  validity  of  certain 
leases  made  by  the  Penobscot  Indians.      March  lOth,  1808. 

Resolvedy  That  the  Attorney  General  and  Solicitor  General  be 


RESOLVES,  March  1808.  125 

and  thev  ^^'^  hereby  authorized  and  directed,  if  they  shall  judge 
it  expedient,  to  commence  and  prosecute  one  or  more  suits,  for 
the  purpose  of  obtaining  a  legal  decision  on  the  validity  and  ef- 
fect of  certain  leases  made  or  supposed  to  have  been  made  by 
the  Penobscot  tribe  of  Indians  to  certain  persons,  of  lands  on 
Penobscot  river  claimed  by  said  Indians,  and  also  of  the  right 
assumed  by  said  lessees,  to  cut  masts,  spars,  and  logs  on  said 
lands,  and  such  suit  or  suits  to  prosecute  to  final  judgment. 

CL. 

Resolve  ^rajiting  three  hundred  dollars  to  the   Solicitor  GeJieral 
in  addition  to  his  salary  fpr  one  year.      March  lOth,  1808. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  public 
treasury  to  Daniel  Davis,  Esq.  Solicitor  General,  three  hundred 
dollars,  in  addition  to  his  salary,  from  the  first  day  of  March, 
1807,  to  the  first  day  of  Mcirch,  1808, 

CLI. 

Resolve  granting  extrq,  pay  to  the  Committee  on  Accounts^ 
March  lOth,  1808, 

Resolved,  That  there  be  allowed  and  paid  out  of  the  public 
treasurv,  to  the  Committee  appointed  to  examine  and  pass  on 
accounts,  presented  against  the  Commonwealth,  for  their  attend- 
ance on  that  service,  during  the  present  session,  the  sums  an- 
nexed to  their  names  respectively,  in  addition  to  their  pay  as 
members  of  the  Legislature. 

Hon.  Thomas  Hale,  fifty-six  days,  fifty-six  dollars. 

Hon.  David  Perry,  fifty-six  days,  fifty-six  dollars. 

Nathan  Fishers,  forty :nine  days,  forty-nine  dollars. 

Silas  Holman,  fifty-one  days,  fifty-one  dollars. 

William  Young,  thirty-six  days,  thirty-six  dollars, 
which  sums  shall  be  in  full  for  their  services  aforesaid  respec- 
tively. 

CLIL 

Resolve  Jor  removing  the  disqualification  of  Colonel  Robert  Gard- 
ner, and  Majors  Benjainin  Harris  and  Aniasa  Stetson,  to  hold 
any  inilitary  commissioji.     March  lOth,  1808. 

Whereas,  Robert  Gardner,  late  Lieutenant. Colonel- Command- 
ant of  a  regiment  in  the  Legionary  brigade,  in  the  town  of  Bos- 
ton, and  Benjamin  Harris  and  Amasa  Stetson,  Majors  in  said 


126  RESOLVES,  March  1808. 

brii^ade,  have  prayed  for  relief  from  a  sentence  of  a  Court  Mar- 
tial, which  adjudged  them  to  be  removed  from  office,  and  dis- 
qualified the  said  Robert  Gardner  from  holding  any  military 
commission  under  this  Commonwealth  during  his  life,  and  the 
said  Benjamin  Harris  and  Amasa  Stetson,  each  for  tlie  term  of 
ten  years.  And  whereas  it  appears  highly  reasonable  that  the 
said  sentence,  so  far  as  it  respects  disqualification,  should  be  re- 
versed : 

Be  it  therefore  resolved^  That  so  much  of  the  sentences  of  a 
Court  Martial  holden  at  Boston,  on  the  20th  day  of  June,  1804. 
Whereol"  Major-General  Ebenezer  Mattoon  was  President,  as  it 
respects  the  disqualification  of  Robert  Gardner,  Benjamin  Harris, 
and  Amasa  Stetson,  from  holding  any  military  commission  un- 
der this  Commonwealth,  cither  for  lite  or  for  a  term  of  years,  be 
and  the  same  is  wholly  reversed. 

CLHI. 

Resolve  discharging  Colonel  Jedutjian  Willington  from  sentence  of 
a  Court  Martial      March  11,  1808. 

Whereas  it  appears  that  Jeduthan  Willington,  late  Lieutenant 
Colonel-Commandant  of  the  first  regiment  in  the  first  brigade 
and  third  division  of  the  militia,  has  been  ti'ied  by  a  Court  Mar- 
tial holden  at  Cambridge,  on  the  20lh  day  of  Aprjl,  1803,  where- 
of Mujor-General  John  Cutler  was  President,  and  has  been  by 
the  sentence  of  said  Court  Martial  removed  from  his  office,  and 
adjudged  to  be  incapable  of  holding  any  military  commission  un- 
der this  Commonwealth  for  the  term  often  }eiirs,,  and  whereas 
it  appears  that  said  Court  Mailial  was  not  lcg:dly  and  regulai'ly 
organized  and  that  the  proceedings  thereof  A\ere  erroneous. 

Therefore  resolved,  That  the  proceedings  of  the  Court  Martial, 
holden  at  Cambridge  on  the  20th  day  of  April,  1803,  Vk hereof 
Major -General  John  Cutler  was  President,  for  the  trial  of  Jeduthan 
,  Wiihngton,  Lieutenant. Colonel- Commandant  of  the  first  regi- 
ment, first  Brigade  and  third  division  of  the  militia  of  this  Com- 
monwealth, be,  and  the  same  is,hereby  wholly  set  aside. 

CLIV. 

Resolve  grantiyig  fcur  hundred  dollars  to  Henry  Johnson  to  relieve 
him  under  his  suffering  a  wounds  when  on  duty,  as  a  Deputy 
Sheriff.      March  11,  1808. 

Whereas,  Henry  Johnson  of  Winslow,  in  the  county  of  Kcn- 
nebeck,.and  late  one  of  the  Deputy  Sheriffs  tliereof,  while  in  tlieex- 


RESOLVES,  March  1808'.  127 

/ 

ecution  of  the  duties  of  his  office,  on  the  twenty-fourth  of  Nov- 
ember last  past,  was  wounded  by  sundry  persons  disguised  as 
Indians,  and  the  said  Henry  hath  petitioned  this  Court  to  afford 
him  some  reUef. 

Therefore  resolved,  that  there  be  allowed  and  paid  out  of  the 
treasury  of  this  Cammonwealth  to  the  said  Henry  Johnson  the  sum 
of  four  hundred  dollars,  and  the  Governor  with  the  advice  of 
Council,  is  hereby  authorized  and  empowered  to  draw  his  war- 
rant in  favour  of  said  Henry  on  the  Treasurer  for  said  sum. 

CLV. 

Resolve  for  mounting  twelve,  pieces  of  cannon  on  travelling   car- 
riages.    March  I2th,  1808. 

Resolved,  That  his  Excellency  the  Governor  be  and  hereby 
is  authorized  to  direct  the  Quarter- Master- General  to  procure  to 
be  mounted,  not  exceeding  the  number  of  twelve  of  the  large 
cannon  belonging  to  this  Commonwealth,  viz.  four  of  twelve 
pounds,  and  four  of  eighteen  pounds,  and  four  of  twenty-four 
pound  caliber,  on  travelling  carriages,  to  be  the  best  calculated  to- 
change  their  positions  in  the  most  easy  and  expeditious  manner 
by  draught  horses,  and  shall  order  them  to  be  stationed  at  such 
places  on  the  sea  coast  as  his  Excellency  shall  from  time  to  time 
direct :  Provided  however,  that  if  his  Excellency  shall  judge  • 
that  the  safety  of  the  Commonwealth  sliall  not  require  the  whole 
of  the  cannon  aforesaid,  to  be  mounted  as  above  directed,  then 
in  such  case  his  Excellency  is  hereby  authorized  to  cause  such 
of  the  said  number  of  twelve  only,  to  be  mounted  as  he  shall 
judge  proper. 

Be  it  further  resolved.   That  the  Resolve  which  passed  tfie' 
second  of  March  instant,  directing  that  all  the  cannon  of  twelve 
pound  caliber  and  upwards,  should  be  mounted  on  travelling 
carriages  be  and  hereby  is  repealed. 

CLVI. 

Resolve  graining  Jacob  Kiihn  sixty  dollars  for  superintending  re- 
pairs in  and  about  the  State  House.     March,  \2th,  1808. 

Resolved,  That  there  be  paid  out  of  the  treasury  of  this  Com- 
monwealth the  sum  of  sixty  dollars  to  Jacob  Kuhn,  messenger 
of  the  General  Court,  in  full  for  his  services  in  superintending 
sundry  repairs  and  improvements  in  and  about  the  State  House, 
agreeably  to  several  orders  and  resolves  of  the  Legislature  since 
March  5th,  1806. 


328  RESOLVES,  March  1808. 

CLVII. 

Resolve  granting  JVilliam  A.  Gale  forty -two  dollars. 
March  I2th,  1808. 

Resolved^  That  there  be  paid  out  of  the  treasury  of  this  Com- 
monweahh  forty-two  dollars  to  William  A.  Gale,  assistant  to 
William  Gale,  messenger  of  the  Governor  and  Council,  being 
for  twenty-one  days^  attendance,  while  the  Messenger  was  sick. 

CLVIII. 

Resolve  directi?ig  the  Quarter-Master- General  to  purchase  gun- 
ners, quadrants,  and  requesting  the  Governor  to  employ  Charles 
Hammond  as'an  instructor  for  their  use.     March  I2th,   1808. 

Resolved,  That  the  Commander  in  Chief  be,  and  he  is  hereby 
authorized  and  requested  to  direct  the  Quarier-Master-General 
to  contract  with  Charles  Hammond,  of  Bangor,  in  the  county 
of  Hancock,  for  twelve  Gunner's  Quadrants,  which  he  has  lately 
invented,  and  for  which  he  has  a  patent  from  the  Presideilt  of  the 
United  States,  of  such  size  of  parallels,  as  the  Quarter- Master- 
General  shall  think  proper.  Provided,  That  said  Quadrants  be. 
well  and  perfectly  made  and  that  no  more  than  twenty  doUars  be 
allowed  for  each  quadrant. 

And  be  it  further  resolved,  That  his  Excellency  the  Comman- 
der in  chief  be,  and  he  is  herel^y  authorized  and  empowered  to 
employ  the  inventor  of  the  said  Quadrant,  to  instruct  the 
several  companies  of  Artillery  in  this  Commonwealth,  in  the  use 
of  the  said  quadrant  for  one  year,  and  that  he  be  allowed  and 
paid  therefor  by  this  Commonwealth,  the  same  pay  and  emo- 
lument as  are  allowed  to  a  Major  of  Artillery  in  the  military  es- 
tablishment of  the  United  States. 

CLIX. 

Resolve  appointing  a  Committee  to  locate    the  Middleborough 
and  New  Bedford  Turnpike  road.     March  I2th,   1808. 

Resolved,  That  the  Honourable  Nathan  Willis,  Seth  Spooner, 
and  Isaac  Lazell,  Esquires,  be  and  are  hereby  appointed  a  Com- 
mittee to  locate  the  Turnpike  road,  granted  the  present  sitting  of 
the  General  Court,  by  an  act,  entitled,  '*  An  Act  to  establish  the 
^Middleborough  and  New  Bedford  Turnpike  Corporation,"  and 
it  shall  be  the  duty  of  said  Committee  to  locate  said  road  in  the 
direction  described  in  said  act,  and  as  soon  as  may  be  after  the 


RESOLVES,  March  1808.  129 

completion  of  said  location,  as  aforesaid,  to  make  returns  there- 
of, including  the  several  courses,  and  the  distance  of  each  course, 
to  the  Courts  of  Sessions,  to  be  holden  in  and  for  the  counties 
of  Plymouth  and  Bristol  respectively. 

Provided^  That  nothing  contained  in  this  resolve  shall  be  con- 
strued to  impair  the  power  of  the  Court  of  Sessions  in  said  coun- 
ties, or  either  of  them  to  appoint  committees  according  to  law, 
to  appraise  and  assess  such  damages  as  may  be  sustained  by  any 
individuals  over  whose  land  the  said  road  may  pass,  in  all  cases 
where  said  corporation  and  such  individuals  caniiot  by  mutual 
agreement  ascertain  the^damages  thus  arising. 

CLX. 

Resolve  allowing  a  further  time  to  explore  and  lay  out  a  road 
from  Augusta  to  Bangor. 

Resolvedy  That  the  Committee  appointed  by  a  resolve  of  the 
General  Court,  passed  June  19th,  1807,  to  examine  the  differ- 
ent ways  from  the  Bridge  in  Augusta,  on  Kennebeck  River,  to 
the  town  of  Bangor,  on  the  Penobscot  River,  and  to  ascertain 
the  best  route  for  a  road ;  be  allowed  a  further  time  to  examine, 
explore,  and  lay  out  said  road,  agreeably  to  said  resolve  of  June 
19th,  1807,  and  report  the  same  to  the  next  General  Court,  at 
their  winter  session.  / . 

CLXI. 

Resolve  exempting  Superintendanty  Keepers^  and  fFatchmen  of 
the  State  Prison,  from  military  duty,      March  I2th,  1808. 

Whereas  it  is  reasonable  that  the  Superintendant,  Keepers,  and 
Watchmen,  employed  in  and  about  the  State  Prison,  should  be 
excused  from  doing  Military,  and  certain  other  duties,  except- 
ing about  said  Prison,  Therefore  resolved,  That  the  Superm- 
tendant,  Keepers,  and  Watchmen,  who  are,  or  may  hereafter  be 
employed  in  and  about  the  State  Prison,  shall  hereafter  be  ex- 
cused from  doing  military  duty,  or  duty  as  watchmen,  excepting 
such  as  they  may  be  required  by  law  to  perform  for  the  security 
of  said  prison  ;  and  also  that  they  shall  be  exempted  from  serving 
in  any  office  in  the  town  and  county  in  which  said  Prison  is 
situated. 

Q 


130  RESOLVES,  March  ISOs! 

CLXII.  ' 

Resolve  granting  John  Fillebroxvn  four  hundred  and  forty-two 
dollars,  for  transcribing  Colony  Laws.     March  \2th,   1808. 

Resolved,  That  there  be  allowed  and  paid  to  John  Fillebrovvn, 
jiin.  for  his  services  as  a  Clerk  to  a  Committee  appointed  l:)y  a 
resolve  of  the  19ih  of  January,  1807,  for  printing:  certain  Colo- 
ny Laws,  from  the  24th  of  July  last,  to  the  25th  of  February 
instant,  four  hundred  and  forty-two  dollars,  in  full  for  his  ser. 
Vices  to  the  said  25th  February  instant,  and  the  Governor,  whh 
the  advice  of  Council,  is  requested  to  draw  his  warrant  on  ihe 
Treasury  of  this  Commonwealth  accordingly.  And  be  it  fur- 
ther resolved,  That  there  be  ik>  further  proceedings^  had  under 
said  resolutions,  until  the  further  order  of  the  Generai  Court. 

CLXIIJ. 

Resolve  for  paying  Chaplain  arid  Clerks  of  both  Houses. 
March  12,.i808. 

Resolved,  That  there  be  granted  and  paid  out  of  the  public 
I'reasury^  one  hundred  dollars  to  the  Rev.  Thomas  Baldwiuj 
Chaplain  to  the  Legislature  ;  to  John  D.  Dunbar,  Esq.  Clerk  of 
the  Senate  ;  and  to  Charles  P.  Sumner,  Esq.  Clerk  of  the  House 
of  Representatives,  three  hundred  and  fifty  dollars  each,  in  iuU 
for  their  services  aforesaid  the  present  session  ;  and  to  George 
E.  Vaughn,  Esq.  Assistant  Clerk  of  the  Senate,  two  hundred 
and  eighty  dollars,  and  Thomas  Wallcut,  Assistant  Clerk  of  the 
House  of  Reprcsentatives,  two  hundred  and  eighty  dollars,  in 
full  for  their  services  aforesaid  the  present  session,  which,  with 
the  sums  heretofore  granted,  shall  be  in  full  for  their  services  as 
aforesaid  respectively  the  present  year. 

CLXIV. 

Resolve  directing  the  Attorney  General  to  comviCTwe  and  prosecute 
an  action  against  the  Pejepscot  Proprietors.  March  12,  1808» 

•  Resolvedy  That  the  Attorney  General  be,  and  he  hereby  is 
directed  to  commence  and  prosecute  to  final  judgment,  an  actioh 
against  the  proprietors  of  the  Pejepscot  claim,  or  against  any 
person  or  persons  who  in  his  opinion  are  chargeable  and  liable 
for  the  same,  for  the  sum  which  has  been  paid  out  of  the  Trea- 
sury  of  this  Commonwealdi,  to  Nathaniel  Dummer,Icabod  Good- 
win and  John  Lord,  Esq'rs.  for  their  services  and  expenses  as 


RESOLVES,  March  1808,  IGl 

Commissioners  under  the  resolves  of  June  29th,  1798,  and  March 
the  5th.  1801,  which  sum  the  said  proprietors  ought  to  have  paid 
to  said  Commissioners,  for  their  proportion  of  the  expenses,  and 
pompensation  of  said  Commissioners. 

And  be  it  further  resolved^  That  there  be  advanced  and  paid 
out  of  the  Trccisury  of  this  Commonwealth  the  sum  of  five  hun- 
dred dollars,  to  the  said  Attorney  General,  to  defra}"  the  expense 
of  an  inquest  of  office,  or  such  other  suits,  or  process  as  may  be 
commenced  by  the  said  Attorney  General,  by  virtue  of  the  re- 
solve  ot  the  24th  of  Februaiy,  A.  D,  1807,  the  said  Attorney 
General  to  be  accountable  for  the  same  ;  and  his  Excellency 
the  Governor  by  and  with  the  advice  of  the  Council,  is  requested 
to  draw  his  warrant  upon  the  Treasurer  for  that  sum  accordingly. 
And  whereas  a  suit  or  inquest  of  office  by  the  Commonwealth, 
vs.  Jobiah  Little,  in  virtue  of  a  resolution  of  the  General  Court 
passed  June  29th,  A.  D.  1798,  Vv'as,  at  the  Supreme  Judicial 
Court  began  and  holden  at  Augusta,  on  the  third  Tuesday  next 
following  the  fourth  Tuesday  of  June,  A.  D.  1799,  submitted 
under  a  rule  of  the  same  court,  to  which  rule  the  Pejepscot  pro- 
prietors, so  called,  became  parties,  and  in  which  there  were  cer^ 
tain  express  stipulations.  And  whereas  among  other  things  it 
was  expressly  provided  in  said  rule,  that  if  the  proprietors  should 
neglect  or  refuse  to  comply  with  and  perform  their  stipulations 
contained  in  said  rule,  according  to  the  true  meaning  and  effect 
thereof,  that  then  the  said  rule  or  any  report  that  should  be  made 
pursuant  thereto,  or  judgment  rendered  thereupon,  should  be  ab- 
solutely void,  and  of  no  effect  whatever,  either  in  court  or  else- 
where, if  the  Commonwealth  should  at  any  time  after  such  neg- 
lect or  refusal,  elect  so  to  consider  it,  and  that  the  nullity  of  the 
same  might  be  given  in  evidence  on  any  issuq  between  the  said 
Commonwealth,  or  any  person  claiming  undei-  the  same  ;  and 
the  said  Little,  the  said  proprietors,  or  any  person  claiming  under 
either  of  them.  And  whereas  the  referees  under  the  same  rule, 
did  on  the  first  day  of  February,  A.  D.  1800,  duly  make  and 
return  to  the  Supreme  Judicial  Court,  an  award  or  rejxjrt  by 
which  were  awarded  to  the  same  proprietors  the  tracts  of  land 
therein  described,  subject  to  the  provisions  and  regulations  stated 
in  the  said  rule  respecting  settlers,  which  report  at  February 
term  at  Boston,  A.  D.  1800,  was  accepted  by  said  court  and 
judgment  rendered  accordingly,  viz.  as  of  July  term,  A.D.  119% * 
at  Pownalborough  in  the  county  of  Lincoln.  Therefore  be  it  r 
resolvedf  That  the  Commonwealth  hath,  and  hereby  doth  deter- 
mine and  elect  to  consider  the  said  rule,  report  and  judgment  as 


132  RESOLVES,  March  1808. 

void,  null  and  of  no  effect  whatever,  either  in  court  or  eisewhtrc. 
Arid  it  is  hereby  further  resolved^  That  the  defendant  or  defendants 
having  neglected  and  refuiied  to  comply  with,  or  perlbrm  their 
stipulations  as  aforesaid,  that  the  said  rule,  report  and  judgment, 
rendered  thereupon,  is  and  shall  be  considered  as  null  and  void 
and  of  no  eftect  whatever,  either  in  Court  or  elsewhere,  and  that 
in  any  action,  or  process,  which  may  be  instituted  against  the  said 
Ltittle,  or  said  proprietors,  or  any  of  them,  the  decision  of  which 
may  depend  on  this,  or  any  resolve,  mentioned  in  the  said  rule, 
or  passed  touching  the  subject  matter  th«:;reof,  the  same  may  be 
given  in  evidence,  under  the  general  issue,  as  also  the  said  re- 
fusal, and  non. performance  of  the  said  Little,  or  said  proprie- 
tors. 

And  be  it  further  resolved.  That  there  be,  and  there  hereby  is 
granted  a  new  trial  of  the  said  action  or  inquest  against  said  Little, 
or  the  said  Little  and  the  said  proprietors  ;  and  the  said  Supreme 
Judicial  Court  are  hereby  authorized  to  cause  to  be  entered,  and 
to  sustain  the  same  action,  and  to  cause  due  notice  thereof  to 
be  given  to  the  adverse  party,  and  to  have,  and  cause  such  pro- 
ceedings to  be  had  thereon,  as  would  have  been  regular,  had  said 
action  been  continued  from  term  to  term  in  said  court,  to  the 
present  time  ;  and  to  do  therein,  u  hat  by  law,  and  of  right  ought 
to  be  done,  had  no  submission  thereof  been  made,  and  the  Attor- 
ney General  is  hereby  directed  to  take  all  the  proper  and  necessa- 
ry measures  for  a  new  trial  of  the  same  action  of  process  as  afore- 
said. 

CLXV. 

jResolve  discharging  Joseph  Ruggles,  Inspector  of  Beef  and  Pork 
from  four  hundred  and  thirty-eight  dollars,  and  two  cents  upon 
his  paying  to  John  Final  and  others  certain  sums, 
March  12,   1808. 

Whereas  it  appears  to  this  legislature  that  Joseph  Ruggles, 
Esq.  Inspector  General  of  Beef  and  Pork,  has  received  ihe  sum 
of  sixteen  hundred  ninety-eight  dollars  from  forty  Deputy  Inspec- 
tors for  fees  which  accrued  in  part  during  the  life  of  Stephen 
Bruce,  late  Inspector  General,  and  in  part  subsequent  to  his  de- 
cease, and  prior  to  the  appointment  of  the  said  Ruggles  to  that 
office.  And  whereas  the  said  Ruggles  has  discounted  with  cer- 
tain of  said  Deputies  the  sum  of  four  hundred  thirty  -eight  dol- 
lars, two  cents  for  fees  due  from  the  estate  of  said  Bruce,  for 
their  services,  and  the  sum  of  eighty-four  dollars,  nine  qents,  are 
due  to  Daniel  Jackson,  Esq.  for  bpnds  which  are  now  in  use  by 


KESOLVES,  March  1808.  I33 

t'le  Deputy  Inspectors,  and  the  sum  of  one  hundred  five  dollars 
fifty  cents,  is  also  due  to   Elisha  Doane  ^or  store  rent ;    which 
became  due  before  the  appointment  of  said  Ruggies.     And  where- 
as  John  Vinal,  jun.  during  the  interval  between  the  death  of  the 
said  Bruce  and  the  appointment  of  his  successor,  did  grant  cer- 
tificates of  inspection,  and  discharge  certain  duties  appertaining 
to  the  office  of  Inspector  General.      Therefore  resolved,  that  the 
said  Joseph  Ruggies  be,  and  hereby  is  discharged  from  any  de- 
mand which  the  Commonwealth  m.ight  have  against  him  for  the 
^um  of  four  hundred  thirty-eight  dollars,  two  cents,  paid  by  him 
as  aforesaid  to  the  saidPeputy  Inspectors,  and  that  the  said  Ruggies 
upon  the  further  payment  of  the  sum  of  eighty-four  dollars  and 
nine  cents,  to  the  said  Daniel  Jackson,  and  of  four  hundred  fifty 
dollars  to  the  said  John  Vinal,  jun,  in  full  compensation  of  his 
services,  and  of  one  hundred  five  dollars,  fifty  cents  to  said  Doane 
or  his  assigns  for  Store  rent,  and  upon  the  payment  of  the  bal- 
ance of  the  said  sum,  received  by  him,  viz.  the  sum  of  six  hun- 
dred  twenty  dollars  thirty-nine  cents,  to  the  children  of  said 
Stephen  B^'uce,  or  the  legal  s:;uardians  of  such  as  may  be  minors 
for  their  use,  the  said  Joseph  Ruggies  shall  be  discharged  from  all 
demand  on  behalf  of  said  Commonwealth  fiar  the  residue  of  the 
sum  received  by  him  as  aforesaid. 

CLXVI. 

Resolve  authorizing  H.   G.  Balsh,  to  pay  costs  on  prosecution 

of  trespassers  on  lands  of  the  Penobscot  I?idia?2s. 

March  I2th,  1808. 

Resolved,  That  Horatio  G.  Balsh,  Agent  and  Superintendant 
of  the  Penobscot  tribe  of  Indians,  be,  and  he  hereby  is  directed 
and  empowered,  to  pay  any  costs  that  have,  or  hereafter  may 
arise  on  the  prosecution  of  any  trespasser,  or  trespassers,  out  of 
the  monies  that  may  be  received  on  the  notes,  now  in  his  hands, 
or  out  of  any  monies  that  he  may  receive  for  the  Commonwealth 
the  present  year,  taking  receipts  for  all  monies  he  may  pay  out 
\yhich  shall  be  received  and  allowed,  on  his  annual  settlement  . 
with  the  Legislature. 

CLXVII. 

Resolve  granting  further   time  for  settlers  on  Mount  Desart  to 
make  payment.      March  12M,  1808. 

Whereas  by  a  resolve  of  the  General  Court,  of  the  24th  day 
of  June,  I8O6,  the  agents  for  the  sale  of  Eastern  lands  were  di- 


134  RESOLVES,  March  1808. 

reeled  to  settle  with  certain  persons  in  possession  of  lands,  on 
the  Island  of  Mount  Desart,  prior  to  the  year  1785,  and  twelve 
months  from  the  date  of  the  resolve,  were  allowed  to  the  settlers 
to  make  payment  for  their  lands,  but  the  time  allowed  by  a  re- 
solve passed  the  24th  February,  1807,  not  being  sufficient  to 
complete  the  business. 

Therefore  resolved^  That  a  further  time  of  twelve  months 
from  the  twenty-fourdi  day  of  February,  1808,  be  allowed  to  the 
agents  to  setde  the  business,  and  for  the  settlers  to  make  payment 
for  their  lands  agreeably  to.  said  resolve  of  the  24th  June,  1806. 

CLXVIII. 

Resolve  appointing  John   JFells^  Esq,  otie  of  a  Committee  to  set- 
tle accounts  of  the  Treasurer  of  this  Commonwealth. 
March  I2th,  1808. 

Jlesolved,  That  John  Wells,  Esq.  of  Boston,  be,  and  hereby 
is  appointed  one  of  a  Committee  to  settle  tlie  accounts  of  the 
Treasurer  of  this  Commonwealth,  agreeably  to  a  resolve  which 
was  passed  the  eighteenth  of  January  last,  in  the  room  of  Mr. 
Heath,  of  Roxbury,  who  at  his  request,  is  hereby  excused  from 
serving  as  one  of  said  Committee. 


-i'Mu^fiiil  iH-. 


RESOLVES,  March  1808.  135 


JRoll  JVo.  58.     March  1808. 


THE  Committee  on  accounts,  having  examined  the  several 
accounts  they  now  present, 

REPORT,  That  there  are  due  to  the  corporations  and  per- 
sons hereafter  mentioned,  the  sums  set  to  their  names  respec- 
tively, which,  when  allowed  and  paid,  will  be  in  full  discharge  of 
the  said  accounts  to  the  several  dates  therein  mentioned. 
Which  is  respectively  submitted, 

THOMAS  HALE,  per  order. 

Pauper  Accounts.  D.     C 

Town  of  Alford,  for  supporting  Polly  Stoddard,  and 
eight  children  to  the  time  they  were  sent  out  of  the 
Commonwealth  including  expenses  of  their  removal,      20  22 

Andover,  for  boarding,  clothing,  and  doctoring,  Thom- 
as Walker,  to  10th  February,  1808,  and  Patrick 
Kallahan,  to  1st  February,  1808,  110  52 

Adams,  for  boarding,  clothing,  nursing  and  doctoring, 
Freeman  Blakely,  Susanna  Camp,  and  Joseph  Fou- 
renea,  to  9th  January,  1808,  138  86 

Billerica,  for  boarding,  clothing  and  doctoring  William 
Love  and  his  wife,  and  Michael  Taylor,  to  30th  Jan. 
1808,  165  64 

Bellingham,  for  boarding,  clothing  and  doctoring,  John 
Lewis,  including  funeral  charges,  30 

Brookline,  for  supporting  Jacob  Harvey  to  14th  Feb. 

1808,  67  20 

Becket,  for  boarding,  nursing  and  doctoring,  Prince 
Starkweather  and  family,  to  1st  January,  1808,  in- 
cluding funeral  charges,  34  05 

Brookfield,  for  boarding  and  clothing,  George  Baston, 
to  1st  January,  1808,  and  Luke  Tinney,  to  the  time 
of  his  death,  including  his  nursing,  doctoring  andfu- 
vneral  expenses,  158  71 

Brimfield,  for  boarding,  clothing  and  doctoring,  John 
Swaney,  to  7th  April,  1807,  and  John  Wakely  to 
26th  January,  1808,  '  186 

Bridge  water,  for  boarding  and  clothing  William  Blake- 
ly and  Frederick  Bingcr,  to  1st  January,  1808,  83  5(^ 

Boxford,  for  boarding  and  clothing  Mahitabei  Hall,  to 
2d  Janiiarv.  1808.  fijT 


186  ^         teSOLVES,  March  1808.      - 

Barrett  Joseph,  for  boarding  and  clothing  convicts,  Ki 
natics  and    poor  debtors^  including  iuneral  charges, 
to  24th  February,  1808,  196  65 

Boxboroiigli,   for  boarding  and  clothing  John  M'Cov, 

to  15th  February,  1808,  '         40  09 

Bernardstown,  for  bbiarding  and  clothing  Hugh  Cassey 

and  removing  him  olit  of  the  Commonwealth,  63  76 

Belchertown,   for  boarding  and  clothing  Amos  Ames 

and  wife,  to  January  18lh,  1808,  89  61 

Barre,  for  boarding  and  clothing  John  C.  Dandorick, 
to  1st  January,  1808,  and  Priscilla  Humphreys,  to 
the  time  of  her  death,  including  doctoring  and  fu-    ' 
neral  charges,  115  82 

Boston,  Board  of  Healtli,  for  boarding,  nursing  and 
doctoring  sundiy  paupers  on  Rainsford's  Island,  in- 
cluding iuneral  charges,  to  10th  February;  1808,         595  12 

Beverly,  for  boarding,  clothing,  nursing  and  doctoring 
sundry  paupers,  to  1st  February,  1808,  including 
funeral  charges,  349  64 

Bangor,  for  boarding,  nursing  and  doctoring  Robert 
Richards  and  Abraham  Brewer,  to  the  time  of  their 
going  out  of  the  Commonwealth,  87  50 

Bath,  for  boarding,  clothing  and  doctoring  sundr}'^  pau- 
pers, and  expense  for  removal,  to  25th  January,  1808,     241  39 

Boston,  for  boarding  and  clothing  sundry  paupers,  to 

1st  December,  1807,  4416  28 

Cheshire,  for  boarding,  nursing  and  doctoring  John 
Thompson  and  wife,  to  the  time  of  her  death,  and 
his  going  out  of  the  Commonwealth,  22  04 

Charlestown,  for  boarding,  clothing  and  doctoring 
sundry  paupers,  including  funeral  charges,  and  Dr. 
Gamage's  bill,  to  21st  January,  1808.  229  55 

Cambridge,  for  boarding,  clothing  and  doctoring  James 
Sharland,  William  Crabtree,  Stephen  Ball,  Robert 
Stimson,  Luther  Abbott,  John  B.  Fullar,  John  Sal- 
lage  and  Joseph  Torry,  to  14th  January,  1808,  251  96 

Cape-Elizabeth,  for  boardmg  and  clothing  James 
Bumsbottom,  James  Jehays,  and  Abraham  Birks,  to 
2d  January,  1808,  162  50 

Colerain,  for  boarding  and  clothing,  Sally  Leomineer, 
and  two  children  of  Polly  Gardner,  to  6th  February, 
1808,  and  doctoring  Henry  Rogers  and  family,  101  06 

Chester,  for  boarding,  clothing,  nursing  and  doctoring, 
Daniel  Smith,  to  20th  January,  1808,  101  42 


RESOLV^ES,  March  1808.  137 

Carlisle,  for  boarding  and  clothing  Robert  Barber,  to      D.  C. 
3d  January,  1808.  45  20 

Charlton,  for  boarding,  clothing  and  doctoring  Thonias 

Adams  and  Edward  Madden,  to  1st  January,  1808,     124  14 

Concprd  for  boarding  and  clothing  William  Shaw  to 
8th  January,  1808.  And  for  Moses  Barron  and 
William  Powers,  omitted  in  the  last  roll,  87  24 

Conway,  for  boarding,  clothing  and  doctoring  John  Al- 
len to  22d.  January,  1808,  119  92 

Deblois  George,  keeper  of  the  Alms  house  in  Boston 

to  1st,  December,  1807,  297  65 

Danvers,  for  boarding,  clothing,  and  doctoring,  John 
J.  Hires,  Timothy  Hogden,  Jane  Duckedy,  Nancy 
Leonard,  John  Kirby,  and  Ruth  Persons  to  11th  Jan- 
uary, 1808,  337  55 

Dunstable,  for  boarding,  clothing,  and  doctoring  Mar- 
garet Lane,  to  25th  February,  1808.  5^  71 

Dracut,  for  boarding,  clothing,  and  doctoring  Lucy 
Jaquith,  to  22d  February,  1808,  and  supplies  for 
Richard  Baker  1st  February,  1808,  89  22 

Dover,  ■  for  boarding,  clothing,  and  nursing  Patrick 

Cowin  to  21st  January,  1808,  64  80 

Doggett  Samuel,  for  boarding,  and  clothing  James 
Hatchell  and  sundry  poor  debtors  in  Gaol,  in  Ded- 
ham,  to  29th  January,  1808,  153  53 

Dedham  for  boarding,  and  clothing  Eleanor  Carrol  to 

1st  January,  1808,  39 

Dorchester,  for  boarding  and  clothing  John  Harrison 
to  7th  February,  1808^  and  Patty  Hearsey  to  22d 
December,  1806,  and  Lydia  Wyman  to  21st  Janu- 
ary, 1808,  including  doctor's  bill  for  her  and  her 
child,  167 

Deerfield,  for  boarding,  clothing  and  doctoring  Wil- 
liam Ciarcek,  to  7th  February,  1808,  84  34 

Egremont,  for  boarding  and  clothing  the  Widow  Daly 
and  three  ideot  children,  and  Betsy  Randol  to 
7th  January,  1808,  311 

Easton,  for  boarding,  nursing,  and  doctoring  Antheny 

Morril,  to  6th  February,  1808,  82  57 

East  Hampton,  for  boarding,  clothing,  nursing,  arid 
^  doctoring  John  Hall  to  19th  Januaiy,  1808,    '  65  23 

Edgartown,  for    boarding,    nursing,    and   doctoring 

Thomas  Furgiston,  to  the  time  he  left  the  town,  93  92 

H 


138  RESOLVES,  March  1808. 

Gorham,  for  boarding,  nursing,  and  doctoring   Job       D.  C. 
Grant,  till  the  time  of  his  removal  out  of  the  State, 
and  Robert  GilfiUing,  to  24th  January,  1808,  176  25 

Gloucester,  for  boarding,  clothing,  and  doctoring  sun- 

dry  paupers,  to  lOlh  November,  1807,  1086  89 

Granby,  for  boarding,  clothing,  and  doctoring  Ebene- 

zer  Dervin  and  John  Murrey,  to  8th  February,  1808,     121  46 
GreenAvich,  for  boarding,  and  clothing  Lot  Lee  to  the 

time  he  left  the  Commonwealth,  26  45 

Gill,  for  boarding  and  clothing,  Sarah  Hamlinton  to 

25th  January,  1808,  39  80 

Greenfield,  for  boarding,  clothing,  and  doctoring  James 

Logan  and  Eunice  Converse,  to  22d  January,  1808,  156  37 
Groion,  for  boarding,  clothing  and  doctoring  John  C. 
Wright  and  wife,  Eunice  Bentract  and  William 
Lepier  and  wife  to  10th  January,  1808.  And  Ed- 
wai'd  M'Lane  and  John  Ward,  to  the  time  of  their 
death,  including  funeral  charges,  412  73 

Great  Barrington,  for  boarding,  clothing,  and  doctoring 
Isaac  Catherine,  Mary  Hoose,   and  John  Wittie  to 
December  26th,  1807,  and  the  expense  of  the  re- 
moval of  Achsah  Wheeler  out  of  the  Common- 
wealth, 202  24 
Hubbardston,  for  boarding,   nursing,   and  doctoring 
Peter  Barber  to  the  time  of  his  death,  including  fu- 
neral chargeS)  33  4/ 
Hallowell,  for  boarding,  clothing,  nursing,  and  doctor- 
ing two  children  of  Jonathan  Po^vers,  Rachel  Cum- 
mings,  James  Carroll  and  wife  to  IstJanuar}--,  1808. 
And  Jonathan  Powers  and  wife  to  the  time  of  their 
death,  including  funeral  charges,                                     808  07 
Hodgkins  Joseph,  keeper  of  the  house  of  Correction 
in  Ipswich,  for  hoarding,  and  clothing  sundry  pau- 
pers to  18th  January,  1808,                               '               233  85 
Hunt  Joseph,  for  doctoring  convicts,  and  poor  debt- 
ors, confined  in  Concord  Gaol,  to  12th  February, 
1808,  7  75 
Haverhill,  for  boarding  and  clothing  Philip  Slace  and 
William  Tapley,   to  1st  January,   1808,  including 
doctor's  bill,                                                                     162  70 
Hinsdale,  for  boarding,  clothing,  nursing,  and  doctor- 
ing William  Barker  and  wife  to  19th  February,  1808, 
including  the  expense  of  removing  his  wi%  out  of 
tlie  Commonwealth,                                                         88  Ai 


RESOLVES,  March  1808.  139 

Hiram,  for  supporting  Daniel  Hickley  to  1st  Novem-       D.  C. 
ber  1807,  ^  33 

Hopkinton,  for  boarding   and  clothing  Thomas  Boyd 

to  4th  February,  1808,  60 

Hartshorn  Oliver,  for  supporting  seventy-two  poor 
debtors  since  June  last,  to  3d  February,  1808,  con- 
fined in  Boston  Gaol,  729 

Hadley,  for  boarding,  clothing,  nursing,^  and  doctoring 
George  Andries  and  wile,  Friday  and  wife,  and  Ed- 
ward "Kneeland  to  1st  January,  1808,  270  72 

Hutson  John  for  boarding  sundry  poor  debtors  in  Sa- 
lem Goal,  in  full  to  29th  February,  1808,  897  55 

Ipswich,  for  boarding,  clothing,  and  doctoring,  Betsey 
Smith,  James  Lao,  and  John  Obrian  to  2d  February, 
1808,  124  90 

Lanesborough,  for  boarding,  clothing,  and  doctoring 
Jerusha  Welsh,  to  1st  January,  1808,  and  Joseph. 
Smith  to  time  of  his  death  including  funeral  charges,       69  87 

J^ynn,  for  boarding,  clothing,  and  doctoring  sundry 

paupers  to  8th  February,  1808,  189  54 

Lenox,  for  boarding,  clothing  and  doctoring  Abraham 

Palmer  and  child,  to  15th  January,  1808,  67  5Z 

Lexington,  for  boarding,  clothing  and  doctoring  John 

D.  Cliiford,  to  4th  Felpruaiy,  1808,  155  64 

Lincolnville,  for  boarding,  clothing  and  doctoring  A- 
lexander  White,  to  18th  January,  1808,  and  Isabel 
Woodbury,  to  the  time  of  her  death,  101  75 

Lunenburgh,  for  boarding,  clothmg  and  nursing  George 
W.  Shute  and  Felix  Stool,  to  22d  Janyarj^  1808, 
and  John  Kelley,  to  the  time  he  left  the  town,  159  89 

Lyden,  for  boarding  and  clothing  Jedediah  Fuller,  his 

wife  and  one  child,  and  Elizabeth  Wagoner  and  daugh- 
ter, to  the  25th  January,  1808,  117  74 

Lincoln,  for  boarding  and  clothing  Thomas  Pocok,  to 
1st  February,  1808,  88 

Limington,  for  boarding  John  O.  Ryan,  to  1st  Janua- 
ry, 1808,  68  la 

Longmeadow,  to  sundry  supplies  for  James  Robbins 
and  family,  and  for  James  M'Gee,  till  the  time  of 
their  removal  out  of  the  town,  23  08 

Littleton,  for  boarding,  clothing  and  doctoring  Richard 
Crouch,  to  lltli  February,  1808,  65 


140  RESOLVES,  March  1808. 

Milton,  for  boarding,  clothing  and  doctoring  Thomas      D.  C. 
Webster,  John  Murr}  ,  Rebecca  Welsh  and  four  chil- 
dren, to  24th  February,  1808,  155  50 

Methuen,  for  boardmg,  clothing  and  doctoring  Thom- 
as Pace,  to  ist  January,  1808,  65  03 

Marblehead,  fur  boarding,  clothinij;  and  doctoring  sun- 
dry paupers,  to  6th  February,  1808,  800  62 

Medway,  for  boarding,  nursing  and  doctoring  Moses 
Bradley,  with  a  broken  leg,  till  the  time  he  went  out 
of  the  Commonwealth,  16 

Marshfield  for  boarding  and  clothing  Peggy  and  Phil- 

lis  Mitchell,  to  15th' May,  1807,  93  92 

Manchester,  for  boarding  and  clothing  Thomas  Doug- 
las, to  2d  February,  1808,  '  72  40 

Mendon,  for  boarding,  clothing  and  doctoring  Robert 

Ellison,  to  10th  January,  1808,  80  72 

Middleborough,  for  boarding  and  clothing  Edward 
Brown,  to  5th  February,  1808,  48 

Marlborough,  for  boarding,  clothing  and  doctoring  Jo- 
seph Waters,  to  5th  January,  1808,  69  41 

Newburyport,  for  boarding,  clothing  and  doctoring, 
sundry  paupers,  1st  January,  1808,  including  funeral 
charges,  1703  11 

]^ewton,  for  boarding,  clothing,  nursing  and  doctoring   ' 
William  Buzzard,  to  the  time  of  his  death,  includ- 
ing funeral  charges,  71  55 

North- Yarmouth,  for  boarding,  clothing  and  nursing, 

William  Elwell,  to  1st  January,  1808.  103  40 

Needham,  for  boarding,  clothing,  nursing  and  doctor- 
ing John  Rice  to  19ih  February,  1808,  and  Anne 
Colliso^i,  to  the  time  of  her  death,  including  funeral 
charges,  107  21 

Nantucket,  for  supplies  for  James  Plato,  to  1st  Jan. 
1808,  and  Dukey,  a  black  man,  to  the  time  of  his 
death,  including  funeral  charges,  and  John  Smith  a 
poor  debtifr  confined  in  goal,  until  he  was  discharged,      57  33 

Northfield,  for  boarding,  clothing  and  doctoring,  Neil 
M'Arther,  to  the  time  he  left  the  town,  and  Richard 
Kingsbury,  to  25th  January,  1808.  98  86 

Northampton,  for  boarding,  clothing  and  doctoring, 
William  Welsh  and  James  Aldridge,  to  1st  Feb. 
ia08,  ^  103  80 

Norton,  for  boarding,  clothing,  nursing  and  doctoring, 

Joseph  Pratt,  to  1st  February,  1808,  100  01 


RESOLVES,  March  1808.  141 

Ntwbuiy,  for  boarding,  clothing,  nursing  and  doctor-       D.  C. 
ing  sundry  paiiji>ers,  inckidlng   Ibnerai  charges,  to 
1st  January,  1808,  889  77 

Oxford,  lor  boarding  and  clothing,  Catharine  Jourdoii, 
to  1st  January,  1808,  59  57 

Overseers  of  Marshpee  Indians,  for  boarding  and  clodi^ 

'  ing  EHzabeth  Isaacs,  Quashaba,  Bulhen,  to  10th 
January,  1808,  and  Catharine  i\sher,  to  the  time  of 
her  death,  including  funeral  charges,  163  12 

Pittsfield,  for  boarding,  clothing  and  doctoring  Peter 
Huran,  to  8th  January,  1808,  and  Hustan  William's 
child  till  he  went  out  of  the  Common weahh.  113  56 

Plymouth,  for  bparding,  clothing  and  doctoring,,  Wil- 
liam Burn,  Polly  Durant  and  Patrick  Smith,  till  they 
went  out  of  the  town,  and  John  Fitzgerald,  to  lOtli 
January,  1808,  147  84 

Palmer,  for  boarding  and  clothing  William  Mendpn, 
to  5th  February,  'l808,  48  13 

Portland,  for  boarding,  clothing  and  doctoring,  sundry 

paupers,  including  funeral  charges  to  1st  Jan.  1808,   1319  94 

Quincy,  for  boarding,  clothing,  nursing  and  doctoring, 
William  Oliphant  to  27ih  January,  1808,  and  Jon- 
athan Miller  to  the  time  of  his  death,  including  fu- 
neral charges,  202 

Rdxbury,  for  boarding,  clothing  and  doctoring  sundry 

paupers,  to  3d  January,  1808,  368  98 

Reading,  for  boarding,  clothing  and  doctoring  Samuel 

Bancraft,  to  25th  January.    1808.  ^  98  80 

Rutland,  for  boarding,  clothing  and  doctoring  Wil- 
liam Henderson,  to  30th  December,  1807,  83  66 

Rowley,  for  boarding,  clothing,  nursing  and  doctoring 

Elle  Collings  and  Hannah  Harris,  to  1st  Jan.  1808,        87  57 

Springfield,  for  boarding  and  clothing  John  Padley,  to 
1st  January,  1808,  and  John  Cone  to  the  time  of  his 
death,  including  funeral  charges,  and  Polly  Warraugh, 
Richard  Doeghen  and  wife,  to  the  time  they  went 
out  of  the  Commonwealth,  including  doctor's  bill,       132  40 

Southwick,  for  boarding,  clothing  and  doctoring  George 

^  Read,  to  1st  January,  1808,  ^  67  20 

Shirley,  for  boarding,  clothing  and  doctoring  Simon 
Cox,  James  Mills,  Roderick  M'Kenzie  and  wife,  to 
25th  January,  1808,  and  John  Kelley,  to  the  time  he 
left  the  town,  130 


142  RESOLVES,  March  1808. 

Swanzey,  to  boarding  and  clothing  Manual  Durnips,      D.   C. 
to  6th  December,   1807,  and  Sally  Robbins'  child 
and  Thomas  Connelly,  to  8th  January,  1808,  79  90 

Sudbury,  for  boarding  and  clothing  John  Weighton, 

to  12th  February,  1808,  43  40 

South-Hadley,  for   boarding,   clothing  and  doctoring 

Peter  Pendergrass,  to  7th  January,  1808,  59  65 

Slurbridgc,    for   supplies    to   James   Banton,   to    5th 

January,  1808,  43  34 

Sidney,  for  boarding,  clothing  and  doctoring  John 
Lyons,  to  18th  December,  1807,  and  Henry  Lyons, 
to  1st  January,   1808,  58  92 

Sterling,  for  boarding,  clothing  and  nursing  Joseph 
Hyde,  to  1st  January,   1808,  61 

Shrewsbury,  for  doctoring  and  supplies  for  Cezar 
West  and  his  wife,  negroes,  to  the  time  of  thek  death, 
including  funeral  charges,  22  21 

St.  George,  for  boarding  and  clothing  Robert  Hows, 

to  1st  January,  1808,  57  20 

Salisbury,  for  boarding  and  doctoring  Zachariah  Rich- 
ardson, to  26th  May,  1808,  including  funeral   char-   ' 
ges  of  Eh  Field,  25  17 

Salem,  for  boarding,  clothing,  nursing  an,d  doctoring 
sundry  paupers,  including  funeral  charges  to  1st  Jan- 
uary,  1808,  1140 

Standish,  for  boarding  and  clothing  Allice  Noble,  to  1st 

January,  1808,  5^  "80 

Stockbridge,  for  boarding,  clothing,  and  doctoring  Jer- 
emiah Elkey,  and  Sarah  Horsford  to  8th  December 
1807,  81  48 

Stoneham,  for  boarding  John  H.  Clannod  to  29th  Jan- 
uary, 1808,  52 

Sharon,  for  boarding,  clothing,  and  nursing  Steph  en 

Flood,  to  14th  Januarv,  1808,  56  60 

Sandwich,  for  boarding,  clothing,  and  doctoring  Le- 
vinah  Richardson,  to  4th  January  1808,  34  65 

Taunton,  for  boarding,  clothing,  and  doctoring  Henry 
Ash,  Edmund  Shores,  George  K^azzard,  Manuel 
Disniss  and  supplies  for  Robert  Wilson,  to  13th 
February,  1808,  229  56- 

Tyringham,  for  boarding    and  clothing  Ralph  Wav, 

to  1st  January,  1808  ,  '         58  09- 

Troy  for  boarding  and  clothing  Francis  Brow,  to  21st 

February,  1808,  98  50 


RESOLVES,  March  1808. 


14^ 


Topsfield,  for  boarding,  clothing  and  doctoring  Thorn-      D.  C. 
as  Camerford,  to  18th  February,  1808,  83  50 

Tisbury,  for  boarding,  clothing  and  doctoring  John 
Cook,  to  the  time   he  left  the  town,  119  25 

Uxbridge,  for  boarding,  clothing  and  doctoring  Betty 
Trifle,  David  Mitchel  and  Patience  Hazard,  to  1st 
February,  1808,  131  25 

Westford,  for  boarding  and  clothing  Phillip  Jackson 
and  Fanny  and  Patty  Gardner,  to  the  6th  of  January, 
1808,  and  for  supplies  for  Christopher  Shepard  to 
the  same  time,  123  28 

Warwick,  for  boarding,  clothing  and  doctoring  Samuel 
Griffith  to  5th  January,  1808,  43  70 

Watertown,  for  boarding,  clothing,  nursing  and  doc- 
toring Nathaniel  Wagnee,  to  the  time  of  his  death, 
including  funeral  charges,  37  25 

West-Stockbridge,  for  boarding,  clothing,  nursing  and 
doctoring  Lucy  Lane,  to  1st  January,  1808.  Board- 
ing and  doctoring  Anna  Tobias  and  Margaret  Brown 
and  her  children  to  the  time  they  were  sent  out  of 
the  Commonwealth,  including  the  expense  of  their 
removal,  72  38 

Walpole,  for  boarding  and  clothing  Sally  Davis  and 
Robert  Clew,  to  1st  January,  1808,  143  40 

Windsor,  for  boarding,  clothing  and  doctoring  Henry 

Smith  and  wife  to  6th  January,  1808,  "  '        81  68 

Warren,  for  boarding  and  clothing  William  Moorman 
to  4th  January,  1808,  52 

Western,  for  boarding  and  clothing  Thomas  Boyd,  to 

28th  January,  1808,  '  11  70 

Washington,  for  boarding  and  clothing  Phebe  Clark 
to  1st' January,  1808,  39  80 

Worcester,  for  boarding,  clothing  and  doctoring  Peter 
Willard,  Jack  Meloon,  Henry  Bradley,  William 
Dutton,  Augustus  Binon,  James  Campbell  and  Sa- 
rah Cook,  1st  January,  1808,  289  57 

Wrentham,  for  boarding,  clothing  and  doctoring  Bris- 
tol Trask  to  the  time  he  left  the  Commonwealth,  and 
Richard  Price  to  the  time  of  his  death  including  fu- 
neral charges,  31   15 

Winthrop,  for  boarding  and  clothing  William  Gaskel, 
to  4th  January,  1808,  62 

Westfield,  for  boarding,  clothing  and  doctoring  Wil- 
liam Davis  to  1st  January,  1808,  '  68  27 


U4  RESOLVES,  March  160g. 

West-Springfield,  for  boarding,  clothing,  nursing  and       D.  CV 
doctoring  William  Bell  and  a  child  of  Sarah  Felps, 
to  2d  January,  1808,  and  Godfrey  Wagoner,  to  the 
time  of  his  death,  including  tuneral  charges,  90  72 

Williamstown,  for  boarding,  clothing,  nursing  and  doc- 
toring Rachel  Galusha,  Morris  Fowler,  Stephen  Blue, 
Robert  Morrill  and  Charles  M'Carty,  to  9th  Janua- 
ry, 1808,  ^  307  04 

York,  for  boarding  and  clothing  Edward  Perkins  and 
wife,  Nicholas  Turtle,  Mary  Crocker,  Sarah  Avery 
and  Edward  Voudy,  to  8th  February,  1808,  200  75 

Total  Pauper  Accounts,  28,318  55 

Military  Accounts. 
Courts  Martial  and  Courts  of  Enquiry. 

Brown  C.  Henry,  for  the  expense  of  a  Court  Martial, 
held  at  Cheshire,  on  the  20th  August,  1806,  where- 
of Marshall  Jones  was  President,  77  02 

Howard  Samuel,  for  the  expense  of  a  Court  INIartial, 
held  in  Hallowell,  22d  December,  1807,  w'hereof 
James  Rogers  was  President,  47  20 

Zenos  Marshall,  for  the  expenses  of  a  Court  of  En- 
quiry, held  in  Weymouth,  on  the  17th  September, 
1807,  whereof  Benjamin  Hayden  was  President,  23  96 

Jaques  Samuel,  jun.  the  expenses  of  a  Court  of  En- 
quiry, held  in  Charlestoun,  in  September,  1806, 
whereof  Abraham  Butterfield  was  President,  33  02 

Brigade  Majors  and  Aid-de-Camps. 

Bannister  Liberty,  aid,  to  1st  September,  1806,  13  17 

Ensign  Eli,  aid,  to  7th  January,    1808,  31  50 

Gannett  Barzilai,  aid,  to  1st  January,  1808,  57  73 

Gam  well  Samuel,  aid,  to  1st  January,   1808,  18  95 

Hayw^ard  Nathan,  aid,  to  1st  January,  1808,  99  58 

Hubbard  Dudley,  aid,  to  13th  January,  1808,  SB  50 

Ulmer  Charles,  aid,  to  11th  January,  'l80S,  31  25 

Baker  Abel,  aid,  to  11th  January,  1808,  22 

Ayers  James,  Brigade  Major,  to  26th  January,  1808,       113  S2 

Bastow  Sumner,  to  1st  January,  1808.  92  15 

Blish  Joseph,  to  8th  November,  1807,  30  43 

Day  Ezekiel,  to  23d  January,  1808,  61  66 

Fisher  Jacob,  to  1st  January,  1808,  93  79 


RESOLVES,  March  1808, 

Goddard  William,  to  22d  January,  1808, 
Hight  William,  to  26th  January,   1808, 
Howard  Samuel,  to  1st  January,   1808, 
Hamlin  Hannebal,  to  1st  January,  1808, 
Hoyt  Epaphras,  to  1st  January,   1808, 
Svvett  Daniel,  to  25th  January,  1808, 
Tilden  T.  B.  to  22d  January,  1808, 
Thayer  M.   Samuel,  to  1st  February,   1808, 
Tinkham  Setlr,  to  4th  February,  1808, 
$ever  William,  to  9th  l)ecember,  1807, 
Talbot  Peter,  to  1st  Januiiry,  1808, 
Whiting  Timothy,  to  18th  February,  1808, 

Adjutants. 

Armsbee  Abraham,  to  1st  January,  1808, 

Arms  Pliney,  to  20th  January,  1808, 

]5ass  George,  to  19th  January,  1808, 

Bucklen  Joseph,  to  1st  January,  1808, 

Backus  Zenas,  to  6th  December,   1807, 

Burrows  Jonathan,  to  16th  December,  1807, 

Burt  Abner,  to  1st  January,    1808, 

Benson  John,  to  16th  January,  1808, 

Baker  Allen,  to  1st  January,  1808, 

Bates  C.  Isaac,  to  24th  January,  1808, 

Bullen  Moses,  to  19th  February,  1808, 

Bagley  Abner,  to  1st  January,   1808, 

Bishop  Jacob,  to  21st  December,  1807, 

Boyd  Willard,  to  25th  January,   1808, 

Beal  Prince,  to  1st  January,   1808, 

Bricket  Moses,  to  10th  November,  1807, 

Blossom  Alden,  to  1st  Januaiy,  1808, 

Brigham  Elijah,  Jun.  to  1st  January,  1808, 

Callender  Benjamin,  to  1st  January ,^  1808, 

Cheever  Nathaniel,  to  15th  February,  1808, 

Crane  Nathan,  to  1st  January,  1808, 

Curtis  B.  David,  to  2d  October,  1807, 

Curtis  Joseph,  to  1st  January,    1808, 

Coffin  Nathaniel,  to  22d  December,  1807, 

Donnison  William,  Adjutant-General,  for  his  services 

during  the  year    1807,    including  Clerk  hire,   &c. 

also  including  jS  222  for  extra  services  caused  by 

makmg  detachments  from  the  Militia. 
Dana  Isaac,  fpr  his  services  to  1st  January,  1808, 

S 


1 

L45 

D. 

C. 

168 

84 

91 

48 

185 

42 

102 

15 

85 

16 

30 

38 

54  07 

125 

86 

23 

V  78 

53 

63 

56 

90 

06 

23 

83 

49 

38 

202 

59 

32 

43 

37 

50 

68 

34 

02 

73 

69 

11 

67 

32  93 

55 

47 

23 

05 

51 

28 

89 

44 

63 

98 

18 

50 

14 

61 

45 

41 

39 

90 

84 

24 

67 

10 

30 

12 

21  85 

90 

01 

1066 
31 

75 

146  RESOLVES,  March  180^. 

D.   C: 

Dodge  David,  to  12th  January,  1808,  20  23 

Ehvell  Robert,  to  25th  January,  1808,  66  11 

Fletch  Samuel,  to  4th  January,  1808,  9  60 

Foot  EHsha,  to  4th  September,   1807,  19  98 

Farnham  Otis,  to  1st  October,   1807,  36  66 

Frost  Timothy,  to  30th  November,   1807,  36  89 

Gould  William,  to  10th  May,  1807,  25   18 

Gage  Nathaniel,  to  22d  January,   1808,  15  67 

Jaques  Samuel,  to  15th  February,   1808^  107  61 

Hayden  Samuel,  to  14th  October,  1807;  49  53 

Heald  Jonas,  to  1st  January,  1808,  45 

,  Hayden  Charles,  to  1st  January,  1808,  32  44 

Hosmer  Rufus,  to  2d  February,  1808,  39  83 

Heath  Ebenczer,  to  10th  February,   1808,  69  30 

Hinman  Ransom,  to  17th  December,  1807,  50  46 

Holland  Samuel,  to  11th  February,  1807,  60  13 

Haskell  Jacob,  to  17th  January,  1808,  48  70 

Hight  WilHam,  to  1st  April,   1807,  3  50 

Jones  Amos,  to  11th  February',  1808,  1113 

Jewett  Jesse,  to  3d  January,  1808,  69  27 

Joy  Moses,  to  1st  of  Januaiy,  1808,  44     7 

Kingman  Simeon,  to  1st  January,  1808,  33  75 

Kieth  Cyrus,  to  6th  Februaiy,  1808,  53  27 

Lisle  M.  Henry,  to  21st  January,  1808,  51    if 

Lambert  William,  to  2d  January,  1808,  30  15 

Libbey  Nathaniel,  to  8th  October,  1807,  40  22 

Lewis  Lyman,  to  1st  January,  1808,  53  83 

Lambert' John,  to  28th  January,  1808,  42  69 

Lothrop  Thomas,  to  25th  January,  1808,  50  62 

Morgan  Aaron,  to  1st  December',  1807,  54  98 

Maxwell  Sylvester,  to  2d  September,  1807,  60  88 

Merrel  Abel,  to  7th  December,  1807,  72  13 

March  Angier  to  lOdi  January,  1808,  13  40 

Mattoon  D.  Noah,  to  Isl  January,  180$,  45  78 

Nye  John,  to  12th  January,  1808,  27        ' 

Noeth:i'i  Eli,  to  1st  January,  1808,  48 

Nash  Lanson,  to  18th  December,  1807,  31  41 

,   Orr  Hector,  to  1st  January,  1808,  48  65 

O'Brien  Jeremiah,  to  Ist  December,  1807,  19  98 

Page  Jesse,  to  1st  January,  1808,  58  55 

Parker  Henry,  to  1st  Juiiuary,  1808,  39  12 

Parker  Joseph,  to  1st  Januaiy,  1808,  16  27 

Pingree  Samuel,  to  13th  January.  1808,  54  21 


RESOLVES,  March  1808, 

Pope  Edward,  to  1st  January,  1808, 
Phelps  Abel,  to  3d  Januaiy,  l808, 
Ripley  W.  James,  to  1st  January,   1808, 
Rogers  Benjamin,  to  1 9th  December,  1807, 
Rider  Josiah,  to  1st  January,  1808, 
Stebbens  Francis,  to  4th  January,  1808, 
Spaulding  Timothy,  to  20th  January,  1808, 
Starr  James,  to  7th  January,  1808, 
Stebbins  Quartus,  to  7th  October,  1807, 
Stewart  Jotham,  to  1st  January,  1808, 
Strong  B.  Tho.  to  20th  January,  1808, 
SaMyer  WiUiam,  to  1st  January,  1808, 
Stebbins  Festus,  to  27th  October,  1807, 
Swett  Daniel,  to  25th  January,  1808, 
Town  Salem,  jun'r,  to  1st  March,  1806, 
Tucker  Joseph,  to  4th  January .»  1808, 
Taft  Hazeltine,  to  16th  February,  1808, 
Tolman  John,  to  1st  January,  1808. 
Willington  Charles,  to  29th  January,  1808, 
Wade  Samuel,  to  15th  February,  1808, 
Wight  James,  to  7th  February,  1808, 
White  Jonathan,  to  28th  December,  1807,  » 

Winslow  John,  to  1st  January,  1808, 
Weston  D.  Jonathan,  to  8th  December,  1807, 
Ward  William,  to  1st  January,  1808, 
Walker  Benjamin,  to  22d  January,  1808, 
Ware  Jason,  to  26th  Januar}^,  1808, 

Expense  for  Horses  to  haul  Artillery, 

Bicknell  Humphrey,  to  21st  January,  1808, 
Burt  Moses,  to  29th  September,  1807, 
Bond  Daniel,  to  ist  October,  1807, 
Binney  John,  to  1st  January,  1808, 
Barnes  Aaron,  to  12th  January,  4808, 
Brooks  Asa,  to  16th  October,  1807, 
Cobb  David,  to  1st  January,  1808, 
Dana  Josiah,  to  10th  September,  1807, 
Drew  George,  to  1st  November,  1807, 
Eaton  Jonas,  to  1st  November,  1807, 
Ford  Noah,  to  22d  October,  1807, 
Hills  John,  to  17th  February,  1808, 
Harrington  Peter,  to  30th  September,  1807. 
Hopkins  D.J  to  15th  October,  1807, 


147 

D. 

C. 

48 

78 

25 

15 

28 

3 

15 

29 

96 

31 

25 

86 

70 

17 

92 

39 

27 

26 

9 

13 

20 

17 

30 

16 

83 

30 

38 

12 

36 

36 

35 

32 

78 

45 

95 

66 

90 

20 

6 

29 

37 

26 

5 

47 

93 

20 

11 

36 

13 

35 

95 

37 

13 

20 

5 

8 

75 

40 

4 

20 

6 

30 

5 

5 

5 

7 

50 

5 

15 

13 

50 

148 


RESOLVES,  March  1808. 


Heald  Thomas,  to  12th  February,  1808, 
Hartshorn  Jesse,  to  28th  December,  1807, 
Hartshorn  David,  to  28th  December,  1807, 
Hayes  Daniel,  to  1st  January,  1808, 
Jenkins  Weston,  to  23d  December,  1807, 
Judd  EInathan,  to  10th  December,  1 807, 
Lincohi  Caleb,  to  1st  January,  1808, 
Potter  James,  to  1st  January,  1808, 
Page  II.  William,  to  23d  February,  1808, 
Robinson  John,  to  14th  October,  1807, 
Reed  Joseph,  to  1st  January,  1808, 
Smith  S.  George,  to  1st  September,  1807, 
"Safford  Ebenezer,  to  9th  January,  1808, 
Shaw  Nathaniel,  to  23d  February,  1808, 
Toddcr  John,  to  11th  Januaiy,  1808, 
Thayer  W.  Enoch,  to  1st  October,  1807, 
Thayer  Zeb.  to  I5th  September,  1807, 

Total  of  Military  Accounts, 

Sheriffs  mid  Coroners  Accounts. 

Mattoon  Ebenezer,  sheriff,  for  returning  votes  for  Gov- 
ernor, Lieutenant  Governor,  &c.  in  1807, 

Cutler  C.  Benjamin,  for  returning  votes  for  Governor, 
Lieut.  Governor  and  Senators,  in  1807, 

Hosmer  Joseph,  for  returning  votes  for  Governor,  Lieut. 
Governor,  &.c.  and  votes  for  Representatives  to  Con- 
gress, to  February,  1808, 

Horton  Daniel,  coroner,   the  expense  of  an  inquisition 
on  the  body  of  John  Huniman,  and  funeral  expenses, 

*Kendall  Ephraim,  coroner,  for  the  funeral  expenses  of 
Robert  Tucker, 

Loring  Job,  coroner,  for  the  expense  of  an  inquisition 
on  the  body  of  a  man  of  colour,  May,  1807, 

Learned  David,  sheriff,  for  returning  votes  for  Gov- 
ernor, Lieut.  Governor,  &.c.  for  1807, 

Lawrence  Jeremiah,  for  returning  votes  for  Governor, 
Lieut.  Governor,  &c.  for  1807, 

Learned  Simon,  for  returning  votes  for  Representative 
to  Congress,  to  January  25th,  1808, 

Leonard  Zcthaniah,  for  returning  votes  for  Representa- 
tive to  Congress,  Governor,  Lieut.  Governor,  &c. 
to  January,  1808, 


D. 

C. 

20 

5 

5 

25 

25 

12 

50 

5 

5 

6 

7 

50 

6 

25 

10 

18 

75 

6 

6 

25 

14 

50 

7 

50 

6 

7520  71 


7 

20 

88 

4 

80 

25 

96 

7 

20 

45 

15 

20 

10 

80 

!^Z 

12 

11  20 


RESOLVES,  March  1808.  ^  149 

i*atridge  George,  sheriff,  for  returning  votes  for  Rep-      D.  C, 
resentative  to  Congress,  also  for  Governor,   Lieut 
Governor,  &c.  to  May,  1807,  U  40 

Porter  Wilham,  coroner,  for  the  expense  of  an  inqui- 
sition on  the  bodies  of  two  foreigners,  25th  Febru- 
ary, 1808,  32  54 

Taylor  Walter,  coroner,  for  the  expense  of  an  inquisi- 
tion on  the  body  of  John  Welsh,  and  funeral  expenses,       2 1  52 

Xoby  Heman,  coroner,  for  the  expense  of  an  inquisi- 
tion on  the  body  of  a  stranger,  taken  3d  June,  1807,       21   10 

Folsom  W.  John,  coroner,  for  the  expense  of  an  in- 
quisition on  seven  dead  bodies,  &cc.  to  February,  1808,    125  02 

Ward  W.  Thomas,  for  returning  votes  for  Governor, 

Lieut.  Governor,  &c.  for  1807,  ^  3  20 

Wait  John,  for  returning  votes  for  Representatives  to 

Congress,  in  1806,  omitted  in  his  acct.  for  that  year,       21  66 

Brown  William,  coroner,  for  the  expense  of  an  inqui- 
'  sition  on  the  body  of  Robert  M'Night,  27  38 

Total  of  Sheri*ffs,  &c.  Accounts,  403  43 

Printers  Accounts. 

Adams  and  Rhoades  for  paper,  and  printing  for  the 
General  Court  and  the  several  offices  of  Govern- 
ment to  March  5th,  1808,  1972  23 

Allen  Phineas  for  publishing  Acts  and  .Resolves  to 

13th  January,  1808,  16  67 

Allen  E.  W.  for  publishing  Acts  and  Resolves  to  2d 

August,  1S07,  16  66 

Butler  William  for  publishing  Acts  and  Resolves,  to 

23d  January,  1808,  33  SZ 

Dickman  Thomas,  for  publishing  Acts  and  Resolves, 

to  1st  January,  1808,  16  67 

Mann  Herman,  for  publishing  Acts  and  Resolves,  to 

1st  March,  1808,  33  33 

JPool  Haven,  for  publishing  Acts  and  Resolves,  to  1st 

January,  1808,  16  66 

Parks  Benjamin,  for  printing  for  the  General  Court 

during  the  present  session  to  3d  March,  1808,  594  50 

Total  of  Printers  Accounts,  S  2700  05 


'i&%  RESOLVES,  March  1808. 

Miscellaneous  Accounts. 

Austin  T.  James,  for  drawing  Leases  for  the  Province       D.  C. 
House,  January  21st,  1808,  10 

Boyle  John,  for  stationary  for  the  Adjutant  General  and 

Secretary's  Offices  to  6th  January,  1808,  206  50 

Bradlee  S.  and  D.  for  sundry  articles  provided  for  the 

State  House,  to  18th  Febi-uary,  1808,  42  18 

Blaney  Henry  for  articles  provided  for,  and  work  done 

on  the  State  House,  to  18th  February,  1808,  127  89 

Heirs  of  Loammi  Baldwin,  Esq.  deceased,  for  his  ser- 
vices and  expenses  on  the  survc}",  he.  for  a  water 
communication  frorn  Boston  Harbour  to  Long  Isl- 
and sound,  194  67 

Baldwin  J.  Benjamin,  for  his  services  and  expences  on 

the  above  business,  surveying,  planning,  L.c.  238  84 

Bjaldwin  Cyrus,  for  his  services  and  expenses  as  an  as- 
sistant in  the  above  business,  43  88 

Chase  Warren  for  assisting  the  Messenger  to  the  Gen- 
eral Court  fifty  two  days  including  the  10th  March, 
1808,  104 

Durant  William  for  repairs  made  on  the  State  House 

to  1st  January,  1808,  16  3^ 

Goodwin  Timothy,  for  sundry  articles  for  the  State 
House  to  23d  February,  1808,  5  74 

Hastings  Jonathan,  for  postage  of  letters,  See.  for  Gov- 
ernor, Secretary,  Treasurer,  and  Adjutant  General  to 
1st  January,  1808,  245  27 

Howe  Joseph,  for  sundry  articles  provided  for  the  State 
House  to  18th  February,  1808,  8  55_ 

Homer  William,  for  stone  work  done  on  the  State 
House,  and  two  moulded  Chimney  pieces  for  Senate 
Chamber,  &c.  2d  February,  1808,  470 

Lark  in  Ebenezcr,  and  J.  for  Stationary  for  the  Trea- 
surer's Office  to  15th  February,  1808,  63 

Lincoln  Amos,  for  work  done  in  the  State  House,  to 

27th  February,  1808,  53  71 

Lapham  Sylvanus,  for  assisting  the  Messenger  of  the 
General  Court  sixty  days,  including  the  10th  of 
March,  1808,  '  '  120 

Loud  Eliphalet,  for  his  services  and  expenses  on  the 
surve}',  for  a  water  communication  from  Boston 
Harbour  to  Long  Island  Sound,  322  21 


RESOLVES,  March  1805-  I53f 

Morton  Perez,  Aaron  Hill,  and  Charles  Turner,  jun.       D.  C. 
for  iheir  services  as  a  Committee  in  the  I^ccss  ot  , 
the  court,  30 

Page  Jesse,  sheriff,  for  his  services  in  the  case  of  Mo- 
ses Copeland,  to  February,  1808,  5  54 

Pollock  Allan,  for  a  stove  for  the  State  House,  S3 

Perry  John,  for  assisting-  tlie  messenger  of  the  General 
Court  fifty-eight  days  including- the  10th  of  March, 
1808,  116 

Paphins'  Thomas,  estate,  for  materials  and  labour^done 

on  the  State  House,  to  18th  Februaiy,  1808,        ^         32  16 

Spear  Thomas,  for  his  services  in  keeping  the  hospit- 
al on  Rainsford  Island  to  14th  February  1808,  44  44 

Smith  Jonathan,  jun.  for  his  travel  and  attendance  as  a 
Committee  man  in  the  recess  of  the  court,  10 

Spurr  John,  Nathaniel  Goodwin,  and  Charles  Turner, 
jun.  for  their  travel  and  attendance  revising  the  sev- 
eral militia  laws  in  the  recess,  54 

Sedgwick  Theodore,  for  his  services  in  forming  a  bill 
for  public  high  ways,  &c.  in  the  recess,  77 

Taylor  William,  for  his  services  and  expenses  on  the 
survey,  &c.  for  a  water  communication  from  Bos- 
ton harbour  to  Long  Island  Sound,  268  04 

Ulmer  George   for   services  in   the  case  of   Moses 

Copeland,  to  January  10th,  1808,  6 

Wheeler  Josiah,  for  work  and  materials  for  the   State 

house  to  209  25 

^  White,  Burditt,  and  Co.  for  stationary  for  Secretary's 

Office,  and  General  Court  to  22d  February,  1808,      506  03 

Total  of  Miscellaneous  accounts,  E  3682  30 


Aggregate  Roll,  Ko.  58,  March,  1808. 

Expense  of  State  Paupers,  28,318  55 

Do.       of  Militia,  7,520  71 

Do.       of  Sheriffs,  &e.  403  43 

Do.       of  Printers,  2,700     5 

Do.       of  Miscellaneous,  3,682  30 

Total,  42,625     4 


1^^  RESOLVES,  March  1808; 

Resolved,  That  there  be  allowed  and  paid  out  of  the  public 
treasury,  to  the  several  corporations,  and  persons  mentioned  in  this 
roll  the  sum  set  against  such  corporations  and  persons  names  respec- 
tively, amounting  in  the  whole,  to  forty-two  thousand  six  hun- 
dred  twenty-five  dollars  and  four  cents  ;  the  same  being  in  full 
discharge  of  the  accounts  and  demands  to  which  they  refer. 

In  Senate,  March  \Oth,  1808.  Read  and  accepted,  sent  down 
for  concurrence.  SAMUEL  DANA,  President. 

In  the  House  of  Representatives,  March  10,  1808.  Read  and 
concurred.  PEREZ  MORTON,  Speaker. 

March  the  I2th,  1808. 

BY   THE   GOVERNOR. APPROVED, 

JAMES  SULLIVAN'. 


■    IHBEX  TO  RESOILVES, 

OF  JUNE  1807,  AND  JANUARY,  1808. 

A 

Page. 

ACADEMY,  Portland  Trustees  to  sell  certain  premises  20 

Anderson  Robert  and  others  to  raise  a  company  of  cavalry  23 

Augusta  to  Eangor  best  route,  from  33 
Andrews  Thomas,  discharged  from  five  executions 

Allen  John,  on  the  petition  of  119 

B 

Bristol  county,  one  additional  Notary  Public  19 

Berkshire  county,  one  additional  Notary  Public  19 

Burch-Ethel,  hcensed  32 

Balsh  G.  Horatio,  grant  to  9^ 

Bruce  Ephraim,  loan  to  94 

Baker  Elijah  and  others,  on  the  petition  of  99 

Ballstown,  credited  SI  17    90  cents  103 

Bowman  Jona.  and  wife,  resolve  on  the  petition  of  115 

jBrewer  William  and  Isaac  Davis,  on  the  petition  of  117 

(Bowdoin  College,  on  the  petition  of  the  Overseers  of  119 
Balsh  G.  Horatio>  to  pay  costs  on  prosecution  of  trespass- 

'    ers  on  lands  133 

iBoston  Athenaeum,  grant  to,  maps,  laws  and  resolves  123 

G 

Council  and  General  Court,  establishing  the  pay  of  ?0 
Court  at  Castine  authorized 

Crosby  Simon,  grant  to  29 

Copeland  Smith,  license  granted  to  29 
Copies  of  Constitutions  of  Massachusetts  and  U.  States 

to  be  printed  36 

Commonwealth's  meadow  lands  in  the  county  of  Hancock, 

to  lease  37 

Committee  on  accounts,  resolve  for  paying  40 

Chaplain  and  Clerks,  resolve  for  paying                            42  130 

Clerk's  Assistant,  resolve  to  pay  43 
Chamberlain  Isaac,  the  Treasurer  to  discharge  mortgage 

deed  ^g 
Clerks,  granting  pay  t© 


INDEX. 

Committee  of  account  roll,  No.  57,  accepted  56 
Copies  Constitutions  of  this  State  and  United  States,  deliv- 
ery of  72 
Crocker  Allen,  on  the  petition  of  72 
CouncU  and  Legislature,  resolve  for  paying  79 
Committee  appointed  to  explore  a  route  from  Boston  har- 
bour to  Long  Island  sound  107 
Chaplain,  laws  and  maps  presented  to  117 
Constitution  United  States,  amendment  proposed  118 
Chore  Hannah,  on  the  petition  of  120 
Copeland  Moses,  persons  to  be  paid  for  attending  trial  124 
Committee  on  accounts,  extra  pay  to  125 
Cannon,  twelve  pieces  to  be  mounted  127 

Davis  Thomas,  empowering  Jonathan  March,  Esq.  31 

Dix,  jun'r  Timothy,  to  sell  lottery  tickets  78 

Dummer  Nathaniel,   grant  to  94 

E 
Eastern  lands,  agents  for,  to  give  a  copy  of  a  deed  to  Ben- 
jamin Lincoln,  Esq.  90 
Election  Sermon,  grant  for  102 

F 

Foster  Betsey,  administration  account  re-examined  38 

Freeman  Samuel,  Court  of  Sessiong'to  make  him  allowance  106 

Fille brown  John,  grant  to  130 

G 

Governor's  Speech,  9  58 
Governor  requested  to  solicit  the  President  of  U.  States 

to  settle  bounds  between*  U.  States  and  Great  Britain  28 
Gould  Tilson  and  others,  to  raise  a  company  of  Light 

Infantry  40 

Gloucester,  half  a  township  of  land,  granted  to  76 

Grant  Samuel,  pension  increased  78 

Gardner  Thomas,  to  choose  a  lot  of  land  98 

Gannett  Caleb  and  John  Mellen,  authorized  to  make  roads  104 

Grafton  Indians,  Trustees  of  their  accounts  allowed  114 

Gardner  Robert  Col.  and  oihers,  disqualifications  removed  125 

Gale  A.  William,  grant  to  128 

Hancock  county,  two  additional  Notaries  Public  18 

Hosmer  Joseph,  twenty  dollars  allowed  him  22 

Hiram  plantation,  doings  of  confirmed  27 

Hitchborn  Benjamin,  respecting  Georgia  lands  35 


INDEX, 

Hyde  Parnell  James,  sheriif,  to  discharge  44 
Holmes  Bartlett  and  others,  to  raise  ^  company  of  Ar- 
tillery 80 
Harris  Jonathan,  to  execute  a  release  100 
Hutchinson  Elisha,  on  the  petition  of  114 
Herrick  Moses,  released  from  judgment  of  Supreme  Court  122 

Jackson  Daniel,  balance  due  him  allowed  115 

Johnson  Henry,  grant  to  126 

K. 

Kuhn  Jacob,  grant  to  37 

Kimball  Phineas,  to  raise  a  company  of  Light  Infantry  38 
Kimball  Nathan,  and  others,  authorizing  James  Kimball 

to  execute  a  deed  96 

^uhn  Jacob,  grant  to  127 
Xincoln  county,  one  additioi^al  Notary  Public                     18  19 

■» ■ — : p— :,  tax  granted  for  building  a  gaol  and  gaol 

house  21 
Lands  in  Dighton,  Rehoboth  and  Swanzey,  sales  author- 
ized 35 
Lawrence  Ephraim,  to  file  a  plan  for  regulating  the  fishery  42 
Laws  of  the  three  last  sessions,  to  be  reprinted  75 
Laws  of  the  first  session  of  the  ninth  Congress,  to  be  de- 
livered 77 
Lincoln  Theodore,  grant  to  89 
Laws  General,  distribution  of  117 

M 

Morgan  Israel,  pension  granted  to  40 

Messenger,  grant  to  45 

Martial  Court,  relative  to  Joseph  Loring,  set  aside  45 

Munroe  Abraham,  Attorney  or  Solicitor  Gen'l  to  defend  48 
Maine  District,   Attorney  General  to  stay  proceedings 

against  settlers  116 
Mount  Desart,  settlers  on,  fcirther  time  to  make  payment     133 

Magazines  Town,  to  be  inspected  124 

N 

Norfolk  county,  one  additional  Notary  Public  20 

New  Bedford  Selectmen,  resolve  on  the  petition  o(  81 

Newry,  resolve  on  the  petition  of  the  town  of  81 
Neil  O  Mary  on  the  petition  of 

Noyes  Thomas,  and  Israel  Hutchinson,  oji  the  petition  of  116 

O 

Oliver  Sarah,  to  sell  estate  73 


INDEX. 

P 

Prentiss  James,  to  sell  real  estate  97 

Powars  Thomas,  petition  of  106 

Pejepiicot  proprietors,  Attorney  General  to  prosecute  130 

Paine  Treat  Robert,  Esq.  grant  to  121 

Parker  Lemuel,  new  trial  granted  to  121 

Plynjouth,  township  of  land  granted  to  99 

Plymoi'th  county,  one  additional  Notary  Public  19 

Page  Samuel,  and  others,  to  raise  a  company  of  Artillery  24 

Partridge  David  and  Samuel,  discharged  27 

Peck  John,  further  time  to  settle  families  granted  33 

Province  House  leased  for  one  year  38 

Phelps  W.  Samuel,  to  raise  a  company  of  Light  Infantry  39 

Poor  Ebenezer,  jun.  petition  of  91 

Prebles  Hervey,  two  executions  discharged  93 

Portland  Light  Infantry,  doings  of  valid,  123 
Penobscot    Indians,    Attorney  General,    to   commence 

suits  on  leases,  124 

Quarter  Master  General,  to  defray  expenses  of  Penob- 
scot Indians  80. 

discharged  of  monies  received  94 

to  purchase  gunners*  quadrants  128 

R 
Representatives'  Answer  to  the  Governor*s  Speech  15  66 
Ruggles  Thomas,  to  raise  a  company  7^ 
Resolve  expressive  of  confidence  in  the  National  Gov- 
ernment                                                       '  89 
Robinson  James,  further  time  allowed  him  to  build  Pond 

street  91 

Road  from  Augusta  to  Bangor  to  be  explored  129 

Ruggles  Joseph,  discharged  from  paying  S  438,  02  132 

S 
Senate's  Answer  to  the  Governor's  Speech  16  69 
Sessions,  county  of  Plymouth,  clerk  of,  his  petition  18 
Secretary  discharged  from  S  120  26 
Sanford,  land  in,  agents  to  sell  28 
Sullivan  John,  to  dispose  of  real  estate  SO 
Salaries,  Lieut.  Governor,  Secretary  and  TreaGurer  es- 
tablished SI 
State  Prison,  further  appropriation  37 
Stock  transferable,  resolve  to  sell  42 
Spence  Frederick,  sheriff,  to  discharge  ^^ 


INDEX. 

Settlers  in  the  District  of  Maine,  Attorney  General  to 

stay  proceedings  44 

Stoddard  William,  his  petition                   ^  80 

Smith  Oliver  and  Seth,  resolve  on  the  petition  of  82 
Stimpson  Thomas,  and  others,  to  raise  a  company  of 

Cavalry  91 

Smith  Chester  to  execute  a  deed  95 

Southwick,  a  tract  of  land  confirmed  to  112 

Stone  Joseph,  on  the  petition  of                                    ^  116 
State  Prison,  warrants  to  be  drawn  in  favour  of  superin- 

tendant  11^ 
Superintendant,  Keepers,  and  Watchmen  of  State  Prison 

to  be  exempted  from  military  duty,  129 

Southgate  William,  to  make  a  deed,  123- 

Solicilor  General,  grant  to,  125 

T 

Taxes  for  county  of  Middlesex  and  Plymouth  31 
Thomas  &  Andrews,  Manning  &  Loring,  resolve  for 

paying  32 

Turner  Charles,  jun.  Esq.  to  explore  Eastern  rout  49 

Trciisurer's  accts.  committee  to  adjust  74 

Turner  Charles,  jun.  Esq.  grant  to  76 

Treasurer  to  subscribe  certificates  of  six  per  cent  stock  98 

Tudor  William,  Esq.  on  the  petition  of  114 

Thorn  John,  grant  to  120 
Turnpike,  Middleborough  and  New  Bedford,  road  to 

be  located  128 
Utiey,  Harvey,  and  others  to  raise  a  company  of  Light 

Infantry  33  ■ 
yimer  George  and  others,  one  quarter  of  a  township 

granted  104 

V 
Varnam  Phineas,  and  others  to  raise  a  company  of  Artil- 
lery 24 

W 

Washington  county,  three  additional  Notaries  Public  19 

Welsh  Jacob,  Solicitor  General  to  defend  21 

Whipple  Ed\yard,  and  others  to  raise  a  company  of  Cavalry  22 

Watts  Samuel,  and  others  to  raise  a  company.Light  Infantry  23 
Westover  Jonah  aiid  others,  authorizing  Srnion  Leai'ned 

to  examine  claims  25 

Watson  John  and  others,  praying  execution  may  be  stay«d  34 

Washburn  Philo  H.  to  raise  a  company  of  Light  Infantry  39 


INDEX. 

Ware  Jonathan,  grant  to  41 
Wallcut  Thomas,  resolve  to  pay  ^  73 
West  Cambridge,  Brighton,  and  Cambridge  ;  taxes  di- 
vided between  92 
Wait  Nahum;  loan  to  103 
Wells  John,  grant  to  104 
Winslow  Lemuel,  to  vest  a  sum  of  money  in  real  estate  105 
Willard  Abijah  agents  to  settle  estate  of  105 
Welles  John,  Esq.  one  of  the  Committee  to  settle  Treas- 
urer's acct.  134 
Willington  Jeduthan,  Colonel  discharged  from  sentence 

of  Court  Martial.  126 

Y 

York  county  one  additional  Notary  Public  19 

Young  James,  jun.  on  the  petition  of  41 

Young  Jonathan,  on  the  petition  of  120 


ERRATA. 
The  omission  of  a  re^lar  succession  of  numbers  in  the  ptging  fr»ai  92  to  96 
was  not  discovered  in  season  to  be  corrected,  but  as  the  Xndex  conforms  to  the 
present  paging  no  inconvenience  can  arise. 


RESOLVES, 

Of  the  General  Court  of  Massachuteits^ 

PASSED  AT  THE  SESSION  BEGAN  AND  HELD,  AT  BOSTON^ 

ON  THE  TWENTY-FIFTH  DAY  OF  MAY, 

iJ^THE  YEAR  OF  OUIi  LORD  OJ\'E  TROUSAjYD  EIGHTIiUJVDRED 

AMD  EIGHT. 

GOVERNOUR'S  SPEECH. 

representatives'    chamber,    TUESDAY,    JUNE   7. 

At  10  o'clock^  agreeably  to  notifi cation ^  His  Excellency  the 
Governoia\  preceded  by  the  Sheriif  and  acconprmi-d  by  the 
Coiincdy  met  the  two  branches.,  and  delivered  the  following 

SPEECH- 

Gentlemen  of  the  senate,  axi> 

gentlemen   of  the  house  of  representatives, 

JLjLAVING  been  informed  by  your  joint  Committee, 
that  the  two  branches  of  the  Legislature  were  ready  to  receive 
any  communication  from  the  GoAcrnour  which  he  mig-ht  have 
to  make  to  them,  I  requested  you  to  allow  me  the  honour  of 
meeting  you  at  this  time  and  place.  This  practice  has  been 
respected  in  the  days  of  safety  and  prosperity,  as  well  as  in  the 
periods  when  our  country  was  involved  in  dangers  and  difficul- 
ties. It  might  be  justified  by  common  usage  to  submit  to 
your  consideration  the  particular  business  which  I  conceive  to 
be  necessary  to  your  deliberations  in  the  present  session,  and  to 
call  your  attention  to  no  other  subject. 

The  method,  which  I  am  urged  by  the  exigencies  of  the 

Country  to  pursue,  does  b}'  no  means  exclude  me  from  laying 

before  you,  by  special  messages,  the  particular  concerns  of  the 

Commonwealth  : — But  in  the  present  critical  state  of  our  na- 

T 


153  GOVERNOUR'S  SPEECH. 

tional  affairs,  the  communication  made  with  this  formality,  to 
the  Senate  and  House  of  Representiitives,  b}'  the  Govemour,  is 
to  be  understood  as  a  communication  to  their  Constituents  at 
large.  Our  fellow  citizens  stand  anxiously  waiting  for  that  in- 
telligence, which  a  Speech  from  the  Chair,  iuid  the  Replies 
from  the  two  Houses,  may  give  them,  at  this  momentous  crisis. 

Holding  in  sacred  respect,  the  morality  and  policy  of  the 
Declaration  of  Independence,  (subscribed  with  unexampled 
fortitude,  by  the  Members  of  our  General  Congress,  on  tlie  4th 
day  of  July,  1776)  as  the  foundation  of  our  National  and  State 
Constitutions  of  Govemment,  I  shall  give  you,  in  as  few 
words  as  possible,  my  ideas  of  the  importance  of  supporting 
our  rank,  in  the  full  exercise  of  our  sovereignty,  as  one  of  the 
nations  of  the  world  ;  my  apprehensions  of  the  dangers  by 
which  our  national  character  may  be  overthrown,  and  my  sen- 
timents of  the  measures  necessary  to  its  presenation. 

Though  all  true  Americans  ^vould  deprecate  the  idea  of  be- 
coming subjects  of  a  foreign  power,  yet  our  situation,  in  regai'd 
to  our  foreign  relations,  is  such,  that  the  publick  opinion,  form- 
ed from  the  pressing  feelings  of  a  temporary  necessity,  or  from 
a  mistaken  view  of  the  advantages  of  foreign  connexions,  may 
betray  us  into  errours,  wliich  m.ay  involve  us  and  our  posterity 
in  disgrace  and  miser}'  for  many  years  to  come. 

"When  our  highly  respected  leader.  President  Washington, 
retired  from  the  laborious  charge  of  publick  duties,  he  did  not 
lav  aside  his  anxiet}'  for  his  country,  or  cease  to  express  his 
apprehensions  of  that  danger  \vhich  might  result  from  her  foreign 
connexions,  as  well  as  from  her  internal  di\  isions.  The  address 
of  that  Patriot,  on  his  retirement,  ought  to  be  studied  by  suc- 
ceeding generations,  and  lield  in  high  respect  as  the  pei-fect 
creed  of  American  politicks. 

WHiatever  may  be  the  adwmtages  of  one  nation  over  another, 
as  to  climate,  numbers,  wealth  or  force,  yet,  in  point  of  National 
^Rip'hts,  all  must  be  on  the  same  grade  of  perfect  equality.  To 
depart  from  this  rule,  in  the  most  minute  degree,  would  lay 
the  nation  departing  from  it  prostrate  at  the  foot  of  another. — 
Sovereignty  is  the  vital  principle  of  national  existence  ;  aud 
tliough  in  its  exercise,  over  its  own  subjects,  it  may,  for  their 
convenience  and  safety,  admit  of  modifications  as  to  its  coerci\e 
procedures,  yet  in  regard  to  otluer  nations,  the  principle  must 
remain  entire,  exercised  by  its  own  Avill,  conti^olcd  by  'itself 
alone,  or  the  nation  looses  its  character  aud  ceases  to  exist  as  a 
separate  po^\er. 


GOVERNOUirS  SPEECH.  154 

From  the  erroneous  impressions  that  may  be  made  on  the 
piibHck  opinion,  in  the  present  eventful  age  of  the  world,  arise 
apprehensions  of  the  dangers  w^e  may  be  in  from  foreign  rela- 
tions. 

Foreign  relations  originate,  primarily,  in  tlie  law  of  nature 
and  nations — principles  of  this  law  establish  the  rights  of  sepa- 
rate powers. 

But  with  the  greatest  part  of  the  European  nations,^  our  j-e- 
lations,  as  a  sovereign  power,  are  enlarged  or  modified  by  treaties 
of  amity  and  eommerce  : — Yet  the  existing  embarrassments  of 
our  trade,  result  as  well  from  unprecedented  infringements  of 
our  claims,  founded  in  the  la\v  of  nations,  as  in  tlie  violation 
of  those  treaties,  in  which  our  governmei:rt  thougiit  itself  se- 
cure. 

It  would  be  tedious  to  detail,  in  this  address,  the  Orders  and 
Decrees  of  the  two  principal  Belligerent  Powers  in  Eui'ope,  up 
to  this  day,  by  which  the  rights  of  the  United  States,  "with  those 
of  other  neutral  nations,  have  been  ^'iolated  and  trampled  upon. 
Nor  can  it  be  material  for  us  to  examine  which  of  those  pow- 
ers was  original  in  the  injury  ;  since  the  unjustifiable  conduct 
of  the  first  can  aflbrd  no  justification,  as  it  regards  us,  for  the 
other. — Much  less  is  it  our  duty  to  inquire  which  of  those 
powers  is  morally,  or  politically  wrong  in  regard  to  the  other  ; 
because  they  are  equally  independent  of  us,  and  have  not  sub- 
mitted their  controversies  to  our  mediation. 

But  still  it  becomes  us  to  be  acquainted  widi  those  measures 
in  which  w^e  are  now  obliged  to  feel  so  deep  an  mterest. 

.The  method  which  has  been  adopted  by  France  and  England 
against  neutral  nations,  to  blockade  by  Orders  and  Decrees, 
they  both  acknowledge,  by  their  reciprocal  charges  against  each 
other,  to  have  no  foundation  in  the  law  of  nations. 

Those  Orders  and  Decrees  seem  to  have  been  first  thought 
of  in  the  year  1793  ;  after  \\'hich,  and  before  the  year  1806,  a 
great  number  of  cities,  rivers  and  places,  were  declared,  in  that 
manner,  to  be  in  a  state  of  actual  blockade.  The  injuries  now 
suffered  by  the  United  States,  originated  in  and  since  that}-ear. 

On  the  21st  of  November,  1806,  the  Emperour  of  France 
issued  a  Decree,  in  which  he  charges  England  with  disregard- 
ing the  law  of  nations,  and  the  rights  of  neutrality  ;  "  and  with 
*'  declaring  places  in  a  state  of  blockade,  before  which  she  had 
"  not  a  ship.  He  declares  all  the  British  Isles  to  be  in  a  state 
"  of  blockade,  and  prohibits  all  trade  and  correspondence  with 
^'  them.-'     He  provides,  in  the  same  Decree,  foi-  the  capture 


155  GOVERNOUR'S  SPEECH. 

aiid  condemnation,  as  prize,  of  English  produce  and  manufac- 
tures, and  denies  to  ail  ncutraJ  ships  A\hich  are  coming  direct 
from  England,  or  the  English  colonies,  or  which  should  have 
been  there,  ica  entrance  ^o  the  ports  of  France. 

The  charp-cs  made  aeainst  the  Ene^lish  Government,  were 
founded  on  an  order  of  die  King  and  Council  of  that  nation^ 
issued  on  the  16th  of  May,  1806  ;  declaring  that  all  the  rivers 
and  ports  from  the  river  Elbe,  in  Gcrmiany,  to  the  port  ot  Brest, 
in  Fnaice,  l;odi  inclusive,  should  be  considered  as  blockaded. 
But  "  his  Majesty  was  pleased  to  declare,  that  such  blockade 
*'  shall  not  extend  to  pre\  ent  neutral  ships  and  vessels,  laden 
*'  with  goods,  not  bcmg  the  propertv  of  his  Mi^jesty's  enemies, 
*'  and  not  being  contraband  of  war,  from  approaching  said 
*'  coasts,  and  entering  into,  and  sailing  fromi  the  said  rivers 
*'  and  ports,  from  Ostend  to  the  river  Seine,  alread}'  in  a  state 
*' of  rigorous  blockade  ;  provided  such  ships  or  vessels  shall 
*'  not  be  destined  to  an}'  p>ort  or  place  in  possession  of  his  Ma- 
*'  jesty's  enemies." 

Thus  by  this  new  sjstem,  England  blockaded  more  than 
nine  hundred  miles  of  sea  coast,  and  France  blockaded  iill  the 
coasts  of  England  and  Ireland,  all  the  English  West  India  isl- 
ands, and  the  English  proAinces. 

\Miatever  ostensible  easements  to  neutrals  were  interwo^-en 
witli  those  novel  Orders  and  Decrees,  }et  the  whole  were  done 
away  in  the  succeeding  year. 

By  ano'her  Order  of  the  7th  of  Januar}%  1807,  issued  b}'  tlie 
English  King  and  Council,  it  is  declared,  "that  no  vessel  shall 
*'  be  permitted  to  trade  from  one  port  to  another  port,  b^th 
"  ^vhich  I  orts  shall  belong  to,  or  he  in  possession  of  France  or 
"  her  allies,  or  shall  be  so  far  under  their  control,  as  that  British 
*'  A'cssels  may  not  freely  trade  thereat." 

On  the  11th  of  November,  1807,  the  King  and  Council  of 
Great  Britain  issued  an  Order,  in  the  preamble  of  ^hich  heavy 
chrnges  of  a  Mant  of  respect  to  the  \a\v  of  nations,  and  rights  of 
neutrality,  are  made  against  France  ;  and  it  is  therein  declared, 
"  that  all  the  ports  and  places  of  France  and  her  allies,  or  any 
"  oth.er  country  at  Aiar  \^ith  his  Majest}-,  and  all  other  ports 
*'  imd  places  in  Europe  from  v.hich,  although  not  at  war  with 
*'  his  Majesty,  the  British  Hag  is  excluded,  and  all  ports  and 
*'  places  in  the  colonies  belonging  to  his  Majestj-'s  enemies, 
"  shall  from  hencefoith  be  subject  to  the  same  restrictions,  in 
*'  point  of  trade  and  navigation,  with  the  exceptions  hereinafter 
"  m.entioued,  as  if  the  same  were  actually  blockaded  by  liis 


GOVERNOUR'S  SPEECH,  156 

*'  Majesty's  naval  forces  in  the  most  strict  and  rigorous  man- 
*'  ner." 

The  exceptions  mentioned  in  the  Order,  extend  to  allowino* 
neutrals  "  to  funiish  themselves  with  colonial  produce /or  their 
*'  own  c&nsumption^  and  supply."  It  also  extends  to  *■'  excus* 
*'  iiig  from  cjpture  and  condemnation,  all  vessels  belonging  to 
"  any  country  not  at  vrar  v/ith  his  Majest}',  M^iich  siiaO  have 
"  cleared  out  from  any  port  or  place  in  this  Kingdonl,  or  Gib- 
*'  ralta,  or  Malta,  under  such  regulations  as  his  Myjesty  may 
"  think  fit  to  prescribe  ;  or  from  any  port  belonging  to  his 
"  Majesty's  allies,  and  proceeding  direct  to  the  port  specified 
"  in  her  clearance  ;  and  also  vessels  and  cargoes  coming  di- 
*'  rect  from  any  port  or  place  declaied  to  be  in  a  state  of  block- 
"  ade  and  destined  to  some  port  in  Europe  belonging  to  his 
"  Majesty." 

On  the  26th  of  December,  1807,  the  Emperour  of  France 
issued  a  Decree,  with  a  preamble,  in  which  he  charges  Great 
Britain  vrith  disrespecting  the  rights  of  nations  and  tiie  laws  of 
neutrality,  in  the  Order  of  die  11th  of  November ;  and  declares 
in  the  Decree,  that  "every  ship,  to  whatever  nation  it  maybe- 
*'  long,  that  shall  have  submitted  to  be  searched  by  an  English 
*'  ship,  or  on  a  voyage  to  England  ;  or  that  shall  have  paivl  any 
*'  tax  whatsoever  to  the  English  Government,  is  therefore  (by 
"  that  Decree)  to  be  denationalized^  to  have  forfeited  the  prc- 
"  tection  of  its  (King)  government,  and  to  have  become  British 
*'  property." 

B}^  the  same  Decree,  all  the  Islands  of  Great  Britain  are  de^ 
clared  to  be  in  a  state  of  blockade  ;  all  A^esels  trading:  to  them, 
or  to  or  from  the  English  colonies,  belonging  to  imy  nation 
whatever,  are  declared  to  be  lawful  prize,  in  virtue  of  that  de- 
cree, to  the  French  captors.  This  decree  meets  and  encoun-> 
ters  the  English  order  in  every  point  in  regard  to  neutral  com- 
merce. 

Thus  by  the  English  Orders,  and  the  French  Decrees,  the 
commerce  of  the  United  States  is  overthrown,  in  all  its  princi- 
pal objects  ;  and  Canton,  in  China,  \^ith  an  inconsiderable  part 
of  the  shores  of  the  Mediterranean,  of  Asia,  and  Africa,  left  to 
our  mercantile  speculations  ;  and  ei'en  this  suffrage  may  be 
done  away  by  captures,  on  ]}retext,  by  one  nation,  and  confisca- 
tions by  the  other  for  submitting  to  searches  which  could  not 
be  resisted. 

The  Order  of  the  1 1th  of  November,  issued  by  the  English 
King,  and  Council,  has  been  since  supported  in  Paiiiament,  by 


157  GOVERNOUR'S  SPEECH. 

a  large  majority  in  the  House  of  Lords,  uud  House  of  Com- 
mons. 

Besides  the  Order  of  the  11th,  another  Order  of  tlie  25th  of 
November,  has  been  issued  by  the  same  authority,  and  has 
been  supported  by  the  Enghsh  Parliament  as  fully  as  the  other 
■\vas,  in  laying  on  goods  entered  and  landed  b\'  neutrals,  in  Eng- 
land, in  complianee  Avith  the  fust  Order,  a  dut}-,  called  a  Ware- 
house duty,  Avhich,  if  I  have  calculated  it  accurately,  will  aver- 
age more  than  thirt-two  per  cent,  on  the  ^■alue  of  the  goods. 

The  government  of  the  United  States  having  publick  Minis- 
ters residing  at  the  Courts  of  both  these  Belligerent  I'owers,  has 
not  failed  to  make  every  possible  effort  to  convince  them,  as 
ivell  of  the  injustice,  as  the  impolicy  of  these  violent  measures. 

But  the  act  of  the  British  Parliament,  before  mentioned, 
having  the  sanction  of  the  House  of  Lords,  as  the  British  Cab- 
inet wished,  on  the  27th  of  March,  lea^'es  no  hopes  of  that  na- 
tion's relaxing  its  measures  at  present. 

The  Emperour  of  France,  on  the  25th  of  January  last,  through 
a  letter  from  one  of  his  Secretaries,  ga\'e  notice  to  the  Ambas- 
sador of  the  United  States,  of  the  Emperour's  intention  to  en- 
force his  Decree  of  the  26th  December;  and  undertakes  to 
explain  the  aggressions  our  nation  has  suJSered  from  that  of 
Great  Britain.  He  goes  further,  he  declares,  "  That  a  war 
*'  exists,  in  fact,  between  England  and  the  United  States  ;  yet 
"  considering  the  United  States  as  associated  ^vith  the  cause  of 
"  all  other  poAvers  Avho  h^xt  to  defend  themsehes  against Eng- 
"  land,  declares  that,  therefore,  he  has  not  taken  any  definitiAC 
*'  measures  against  our  \essels,  \Ahich  had,  at  that  time,  been 
*'  captured  by  his  cruizcrs,  under  tlie  Decree  of  the  26th  of 
"  December." 

In  a  communication  of  this  kind,  it  is  impossible  to  be  more 
paiticular,  in  stating  our  situation  in  regard  to  our  foreign  rela- 
tions with  those  two  po^vers.  I  have  been  faithful  and  ha"\e  en- 
deavoured to  be  correct. 

In  this  intricate  and  peq^lexed  situation,  it  may  be  appre- 
liended,  with  great  anxiety,  that  a  false  step,  or  an  erroneous 
(•alculation,  or  a  llillacious  expectation  of  foreign  aid,  may  in- 
volve  us  and  our  posterity,  in  irretrievable  misery  and  disgrace. 

It  is  natural  here  to  recur  to  the  danger  of  j)lacing  confi- 
dence in  foreign  alliances,  for  the  support  of  our  national  inde- 
pendence. 

When  we  turn  our  attention  to  antient  and  modem  history, 
we  arc  convinced  that  tlierc  never  wds  a  nation,  wiiich  had 


GOVERNOUR'S  SPEECH, '  158 

placed  its  hopes,  as  to  maintaining  its  sovereignty  and  inde- 
pendence, on  another  power,  but  what  has  been  reduced  to  con- 
quest and  misery.  To  this  truth,  solemn  and  interesting  as  it 
is,  we  have  proof,  from  numerous  instances,  which  have  very 
recently  taken  place.  The  whole  face  of  Europe  has  been 
changed  within  a  few  years  ;  some  nations  are  erased  from  the- 
list  of  monarchies  and  republicks ;  and  others,  heretofore  con- 
sidered as  respectable,  and  not  a  fcAv  of  them  as  invincible,  i^ 
they  had  depended  on  themselves,  ha^:e  now  the  mere  shadows 
of  sovereign  po\^Tr.  My  sentiments,  of  the  means  necessary 
to  maintain  our  national  character,  may  be  communicated  in  a> 
very  few  Avords. 

A  great  politician  (in  Europe)  lays  it  down  as  a  maxim,  that 
*'  there  can  be  no  concord  or  unity  in  a  nation,  but  where  there 
*'  is  only  one  supreme  power."  This  valuable  sentiment  is 
expressed  by  President  Washington,  in  more  beautiful  lan- 
guage, in  his  valedictory  address  to  the  United  States  : — "  The 
"  unity  of  government,  which  constitutes  you  one  people,  is 
*'  also  dear  to  you  ;  it  is  justly  so,  for  it  is  the  main  pillar  in 
"  the  edifice  of  your  real  independence — the  support  of  your 
"  tranquillity  at  home,  your  peace  abroad  ;  of  }our  safety,  of 
*'  your  prosperity  ;  of  that  very  liberty  which  j^ou  so  highly 
*'  prize." 

The  benefits  of  this  union,  that  great  Soldier  and  Statesman 
had  been  a  witness  to.  If  in  the  revolutionary  war,  any  one, 
e\en  the  smallest  State  in  the  Union,  had  withdi'awn  itself  from 
the  confederation,  it  would  have  deranged,  nay  probably  defeat- 
ed all  our  efforts. 

The  contest  arising  from  an  opposition  of  one  or  more  of  the 
States  to  the  authority  of  the  national  government,  I  call  a  na~ 
t'lonal  anarchy.  This  is  a  more  dangerous  and  distressing  evil 
than  the  antU-chy  resulting,  in  common  instances,  from  the  com- 
motion of  subjects  rising  against  civil  government  ;  because 
the  opposition  in  this  case  would,  as  each  State  has  a  separate 
form  of  government,  be  organized  at  tlie  commencement  of  its 
insun'ection,  and  the  calamities  would  be  increased  in  propor- 
tion as  the  States  should  become  divided,  as  States,  from  the 
General  Government. 

The  scenes  of  blood  and  carnage,  in  other  nations,  seriously 
admonish  us  of  our  dangers,  and  ought  to  con\ince  us,  that  we 
can  avoid  them  in  no  other  way  hut  by  the  free  exercise  of  the 
General  Government^  in  all  concerns  within  its  powers,  as  de- 
legated by  the  people,  and  by  restricting  the  State  Governments 


\59  GOVERNOUR'S  SPEECH. 

to  those  lines  of  power  which  were  designated  when  the  federal 
government  was  carved  out  of  ihera. 

If  the  constitutions  of  our  National  and  State  GoAernments 
are  what  they  were  intended  to  be,  when  established,  tliey  rest 
on  the  pillars  of  truth,  and  all  deceptions,  intrigue  and  misre- 
presentations are  opposed  to  the  nature  of  their  existence. 

Those  nations  w  hich  thus  interrupt  our  commerce,  do  not 
act  h'om  enmity  to  ours,  but  from  what  they  conceive  to  be  neces- 
saiy  to  their  own  interest  and  security ;  yet,  as  imder  the  forms 
of  orders  and  decrees,  they  have  done  it,  tliey  are  thusfcU"  to  be 
considered  as  com.mon  enemies,  against  whose  aggressions  our 
national  rights  are  to  be  defended.  We  cannot  resign  our  neu- 
tral flag  and  our  commerce  to  the  direction  of  any  power.  No 
price  is  too  great  to  be  paid  for  the  maintenance  of  our  Inde- 
pendence. No  calamity  can  be  so  dreadful  as  subjection  to  a 
foreign  power.  The  nations  of  Europe,  though  wasted  by 
wars,  ai-e  oppressed  with  an  excess  of  population  ;  their  manu- 
factories of  those  articles  which  they  canPiOt  afford  to  use  at 
home,  are  their  support,  under  an  intolerable  weight  of  taxes. 
The  United  States  exhibit  a  pleasing  contrast.  Spreading 
themselves  through  every  climate,  including  e\ery  soil,  and 
possessing  every  advantage  of  navigation ;  delighting  in  that 
commerce  which  returns  the  gold  and  luxuries  of  every  nation 
for  their  raw  materials  ;  the  energy  of  their  innate  enterprize 
must  still  encrease.  Europe  will  not  be  incautious  enough  to 
inge  us  to  the  habit  of  wearing  the  wool  of  our  own  flocks, 
instead  of  foreign  cloths  ;  spinning  and  weaving  our  own  flax, 
for  our  own  dress,  \veaving  our  owti  cotton,  instead  of  sending 
it  to  be  manufactured  and  dyed  in  Europe  for  us ;  opening  the 
bosom  of  our  own  acres  for  ores  and  coal,  instead  of  bringing 
wrought  and  cast  iron  from  Europe ;  and  feeding  on  the  sugar 
of  our  own  cane,  and  tlie  milk  of  our  o^v^l  kine,  instead  of  fo- 
reign luxuries. 

Though  we  ardently  A^ish  for  Peace,  we  ought  to  be  prepar- 
ed for  war.  Instead  of  calculating  upon  the  fallacious  aid  of 
foreign  alliance,  our  government  is  raising  forces  and  expects 
to  make  six  hundred  thousand  militia  the  source  of  our  defence. 
These  men,  though  not  di-illed  in  the  ranks  of  battle,  have  been 
trained  to  subordination  and  habituated  to  the  use  of  arms.— 
They  represent,  in  the  field,  more  than  five  millions  of  free  citi- 
zens, who  are  the  fee-simple  proprietors  of  the  soil  they  culti- 
vate ;  prefering  death  to  slavery.  Great  provision  is  made  for 
arming  our  militia,  and  the  fortifications  of  our  principal  sea- 
ports lue  in  process. 


GOVERNOUR'S  SPEECH.  160 

The  political  speculators  in  France  and  England,  calculate 
their  success  against  us,  without  disguise,  on  our  own  factions 
and  divisions. 

It  may  be  relied  on,  that  neither  the  imprudent  use,  or  abuse 
of  the  freedom  of  the  press,  can  afford  proof,  by  which  a  suppo- 
sition so  derogatory  to  our  national  character  can  be  maintain- 
ed ;  nor  can  the  temporary  arrangements  of  local  or  party  divi- 
sions, or  the  opprobrious  appellations,  adopted  from  the  warm 
breath  of  partizans,  evince  the  existence  of  a  powerful  faction 
against  thiir  national  freedom.  Foreign  influence,  and  the  sub- 
tle address  of  ambitious  men,  may  lead  too  many  astray  ;  but 
on  the  nearer  approach  of  publick  danger,  the  great  body  of  the 
people  will  be  again  united. 

We  cannot  forget,  that  while  the  United  States  were  pro- 
vinces and  colonies,  complaints  in  regard  to  violations  of  charter 
and  stipulated  right,  had  no  intermission — or  that  our  inde- 
pendence has  rolled  on  the  smiling  anniversaries  of  more  than 
thirty  years,  exhibiting  greater  quiet,  less  commotions,  more 
security  to  life  and  property,  and  less  oppression  by  taxes,  than 
have  been  found  in  any  other  country. 

These  observations  naturally  lead  us  to  a  recollection  of  a 
measure  of  our  General  Government,  to  the  expediency  and 
propriety  of  which,  not  to  its  constitutionality,  great  objections 
have  been  made.  The  power  of  an  Embargo  was  exercised 
imder  the  administration  of  President  Washington,  without 
scruple  ;  but  for  the  necessity  of  its  exercise  now,  I  have  no 
authority  to  decide. 

As  in  my  official  capacity,  I  could  have  had  no  concern  in  the 
measure,  I  had  no  other  knowledge  in  regard  to  it,  than  what  I 
had  by  the  same  means,  and  in  common  with  my  fellow  citizens. 
I  view  the  arrest  of  our  commerce  as  a  great  calamity  ;  but 
from  the  confidence  I  place  in  the  general  government,  I  con- 
sider it  as  intended  for  an  expedient  to  save  our  navigation 
from  the  unprovoked  depredations  of  two  mighty  powers,  and 
to  preserve  our  nation,  if  possible,  from  the  calamities  of  a  foreign 
"war.  I  feel  it  my  duty,  therefore,  as  a  citizen  of  the  General 
Government,  to  submit  to  it,  until  the  national  authority  shall 
dispense  with  it,  and  to  participate  quietly  in  the  evils  result- 
ing from  it.  There  were,  no  doubt,  divisions  of  opinion  re- 
specting the  act,  when  it  was  passed ;  and  oppositions  were 
made,  because  the  authenticated  documents,  orders  and  decrees, 
from  whence  the  expediency  of  the  measure  was  supposed  to 
arise,  were  not  before  Congress ;  but  the  system  pursued  by 
U        " 


161  GOVERNOUR'S  SPEECH. 

France  and  England,  in  their  war  against  each  other,  and  against 
neutrals  was  well  understood.  To  allow  our  merchants  to  throw 
their  immense  number  of  vessels  on  the  ocean,  a\  ithout  prepa- 
ration for  defence,  notice  of  their  danger,  or  assurances  of  their 
protection,  would  have  been  unpardonable  in  the  government. 
Those  decrees  and  acts  are  now  before  us — I  ha^'e  referred  to 
them  in  order  to  giA-c  my  fellow  citizens  an  opportunity  to  re- 
flect on  their  oami  situation  as  it  now  is  ;  and  to  decide,  each 
one  for  himself,  what  his  own  conduct  ought  to  be,  in  the  pre- 
sent threatening  aspect  of  publick  affairs. 

I  rely  upon  it,  that  measures  lU'C  taken  Avhich  will  soon  give 
our  government  sufficient  offic  ial  information  of  the  dispositions 
of  those  nations  towards  us.  As  to  their  decrees,  all  the  com- 
merce of  the  United  States  with  all  the  world,  excepting  tAvo  or 
three  places,  is  interdicted  b}'  one  or  the  other  of  them.  If  they 
shall  not  relax  in  their  measures  towards  us,  our  General  Gov- 
ernment will  haAC  the  expediency  of  the  continuance  of  the  Em- 
bargo, for  a  longer  time,  properly  before  them.  The  idea  of  a 
perpetual  Embargo  is  inadmissible — there  can  be  no  inducement 
to  it — no  individual  can  deri\e  any  j)ermanent  advantage  from 
the  m.easure  ;  the  rulers  can  haA'C  none  :  Whenever  the  difficul- 
ties from  ■whence  the  necessity  of  the  measure  is  sujjposed  to 
arise,  are  removed,  or  the  measure  fails  of  producing  the  end 
proposed^  the  relinquishment  of  it  is  a  tiling  of  course. 

Should  the  nationts  I  have  spoken  of  continue  their  aggres- 
sions, \'ery  serious  questions  must  aiise  from  our  situation  : — 

Shall  the  vessels  of  our  merchants  traA-erse  the  ocean  un- 
protected ;  or  shall  the  flag  of  the  United  States  ha\'e  the  pro- 
tection of  their  artillery  ? 

Shall  unjustifiable  cleprcdations  upon  the  property  of  our  cit- 
izens, be  borne  with,  or  shall  that  i)ropert}^  be  defended  by  an 
open  war,  or  by  letters  of  marque  and  reprisal  ?  Under  A\hat 
A  iew,  and  against  what  nation  or  nations,  sliall  the  \\'2cc  be  com- 
menced ? 

These  questions  must  rest  with  the  national  government — all 
Tittempts  made  by  a  single  State  to  decide  upon  them,  must 
tend  to  a  national  dissolution. 

The  Legislature  of  the  United  States  is  adjourned  to  next 
November  ;  but  before  the  adjournment,  Congress  passed  an 
act  for  authorizing  the  President  of  the  United  States  to  suspend 
tlie  act  laying  the  Embargo.  The  act  for  authorizing  the  sus- 
pension declares,  "  That  in  the  event  of  a  peace,  or  suspension 
of  hostilitieSj  between  the  belligerent  poAA'crs  of  Europe,  or  such 


GOVERNOUR'S  SPEECH.  IG2 

changes  in  their  measures,  affecting  neutral  commerce,  as  nia^r 
render  that  of  the  United  States  sufficient^  safe,  in  the  judg- 
ment of  the  President  of  the  United  States,  he  is  authorized, 
during  the  recess  of  Congress,  to  suspend  the  act  in  whole  or 
in  part,  under  such  exceptions  and  restrictions,  and  on  sucU 
security  as  circumstances  may  require."  These  are  the  Mords 
of  the  act  ; — upon  tlie  constitutionality  or  utility  of  it,  I  give 
no  opinion. 

In  a  concern  so  highly  interesting  to  this  Commonwealth,  as 
its  commerce  is,  the  entire  arrest  of  its  navigation,  and  the  in- 
terruption of  its  trade,  must  produce  great  anxiety  in  all,  and 
no  doubt  strong  jealousies  with  some  of  the  people.  I  there- 
fore have  considered  it  my  duty  to  lay  this  simple  stgLtement, 
at  this  time,  before  my  fellow  citizens,  without  expressing  any 
sentiment  upon  its  consequences.  This  Commonwealth,  with 
seven  hundred  miles  of  sea-coast,  principally  full  of  inhabitants, 
must  be  much  affected  by  an  Embargo  :  yet  there  has  been, 
under  its  pressure,  an  exhibition  of  tranquillity  and  good  or^ 
der,  that  could  flow  from  no  other  source,  than  that  of  an  en- 
lightened understanding,  and  a  pure  love  of  liberty,  conducted 
by  law  and  government. 

Though  the  control  of  the  act  for  laying  an  Embargo  is  with 
the  General  Government,  yet  it  may  be  well  to  inquire,  whether 
it  is  not  within  the  power  of  the  Legislature  of  this  State  to 
amelioi'ate  the  condition  of  the  people,  during  its  continuance. 
I  understand  that  attention  has  been  paid  to  this  in  some  of  the 
States,  but  I  do  not  feel  myself  authorized  to  say  any  thing 
m.ore,  than  that  I  shall  rejoice  to  unite  with  you  in  any  measure 
which  your  Vvdsdom  shall  point  to,  for  the  support  of  our  fellow 
citizens  under  the  embarrassment  of  their  commerce,  either  by 
an  Embargo,  or  by  the  aggressions  of  foreign  power. 

The  act,  as  has  been  observed,  was  intended  as  an  expedient, 
as  well  to  save  our  immense  navigation  from  the  destruction 
which  was  then  in  wait  for  it,  as  to  induce  the  nations  ^vith 
whom  we  had  been  in  commerce  to  leave  our  rights  entire ;  and. 
not  to  involve  our  trade  in  the  depredations  of  their  WiU's.  It 
is  easy  to  conceive,  that  the  appearance  of  divisions  amongst 
ourselves,  on  the  propriety  of  the  measure,  if  realized  in  Europe, 
may  prevent  one  of  the  VLiluable  effects  intended  to  be  produced 
by  it ;  and  I  cannot  therefore  excuse  myself  from  saying,  that 
if  the  European  governments  shall  rely  on  appearances  of  this 
nature,  they  must  be  disappointed  ;  that  our  nation  v.'ill  not 
yield  its  ijidependence,  or  become  tributary  to  any  other  power* 


163  GOVERNOUR'S  SPEECH, 

In  this  solemn  appeal  to  heaven,  wt  must  rely,  under  God,  for 
the  support  of  our  national  honour,  upon  our  omti  internal 
strength,  and  in  our  own  unconquerable  situation  ;  and  defend 
ourselves  with  that  energy,  which  our  unanimity  alone  can  pro- 
duce. 

JJiMES  SULLIFAX. 
Council  CIiQviberi  June  7,  1808. 


ANSWER  OF  THE  HOUSE.  IG-I- 

ANSWER 

OF  THE  HOUSE  OF  REPRESENTATIVES. 

JUNE  9lli,  1803. 
May  it  please  your  Excellency ^ 


HE  House  of  Representatives  have  consider- 
ed, with  respectful  attention,  your  Excellency's  Address  to  the 
Legislature.  At  the  close  of  the  Session,  and  without  the  aid 
of  official  documents,  they  find  it  difficult  to  accompany  your 
Excellency  through  an  extensive  range  of  detail  upon  our  na- 
tional affairs.  Nor  can  it  be  necessaiy,  on  this  occasion,  fully 
to  consider  the  origin  and  operation  of  the  several  laws  respect- 
ing the  Embargo,  as  the  Legislature  has,  at  the  present  ses- 
sion, adopted  certain  Resolutions  expressive  of  their  opinion 
upon  this  interesting  subject,  more  fully  than  could  be  done  in 
the  present  Address. 

The  House  of  Representatives,  although  they  might  adduce 
the  example  of  other  States  as  precedents  in  animadverting  on 
measures  of  the  General  Government,  approach  with  caution 
subjects  of  national  concern.  A  conviction  that  the  Resolu- 
tions which  were  passed  by  the  Legislature  of  the  last  year, 
might  lead  to  a  misconception  of  the  feelings  and  interests  of 
the  people  of  this  Commonwealth,  was  the  most  powerful  in- 
ducement for  the  expression  of  the  sense  of  this  Legislature 
iipon  the  subjects  embraced  in  those  Resolutions.  We  are 
happy  that  we  now  have  your  Excellency's  example  to  sanc- 
tion the  propriety  of  making  this  interesting  measure  the  sub- 
ject of  Legislative  consideration. 

The  sentiments  of  warm  attachment  to  the  independence  oi 
our  country,  expressed  by  your  Excellency,  meet  the  cordial 
reciprocation  of  every  member  of  this  House  ;  while  ever}^  real 
American  v/ill  acknowledge  the  weakness  and  danger  of  de- 
pending on  any  foreign  pov/er  for  protection.  But  at  the  sam.e 
time  it  is  to  be  remembered,  that  a  wavering,  partial,  shortsight- 
ed policy,  the  usual  offspring  of  timidity  in  the  management  of 
publick  affairs,  may  involve  a  nation  in  as  great  disgrace,  and 
lead  ultimately  to  the  same  fatal  catastrophe. 


165  ANSWER  OF  THE  HOUSE. 

We  trust  the  time  is  fast  approaching,  when  reliance  will  be 
placed,  under  Divine  Providence,  upon  our  OA\n  resources, 
upon  our  national  energies,  directed  by  wisdom  and  nerved  by- 
valour. 

We  are  fully  convinced  that  an  administration,  which  pur- 
suing an  enlightened,  liberal  and  impartial  policy,  shall  disclose 
to  the  people  its  own  views  and  their  situation — that  such  an 
administration  will  gradually  restore  our  former  prosperity,  will 
retrieve  the  character  of  the  American  people,  and  will  receive 
the  warm  support  of  the  citizens  of  Massachusetts. 

Your  Excellency  has  been  pleased  to  call  the  attention  of  the 
Legislature  to  the  benefits  derived  from  our  nationiil  union  ;  to 
describe  the  distressing  evils  which  would  result  from  "  an 
opposition  of  one  or  more  States  to  the  authority  of  the  Nation- 
al Government,"  and  to  point  out  "  the  necessity  of  the  free 
exercise  of  the  General  Government  in  all  concerns  within  its 
powers  as  delegated  by  the  people."  We  assure  your  Excel- 
lency that  upon  these  impoitant  points  we  know  no  difference 
of  opinion.  The  opposition  which  met  the  establishment  of 
our  National  Government,  prior  to  the  adoption  of  the  Consti- 
tution, and  which  has  occasionally  discovered  symptoms  of  dis- 
affection since  that  time  in  different  parts  of  the  United  States, 
appeal's  to  have  yielded  to  an  attachment  to  the  Union,  fouixl- 
ed  upon  experience  of  its  advantages,  and  guaranteed  by  the 
strong  ties  of  common  interest.  It  surely  cannot,  for  a  moment, 
be  supposed,  that  those  men  who  established  the  go\"ernment, 
and  who  have  for  so  long  time  been  its  support,  can  entertain  a 
wish  for  its  destruction.  In  all  countries  Avhichhavc  preserved  even 
the  shadow  of  freedom,  an  obvious  distinction  between  the  gov- 
ernment and  its  administration  has  been  recognized.  In  this 
country,  liberty  of  speech,  the  freedom  of  the  press,  and  of  de- 
bate in  our  legislative  assemblies,  have  been  most  expressly  and 
particularly  guitranteed  by  our  Constitutions.  Indeed  the  whole 
theory  of  our  government  is  built  upon  tlie  position  that  publick 
men  and  measures  are  the  objects  of  free  inquiry  and  discus- 
sion. The  doctrine  that  the  individual  States  should  be  jealous 
of  the  General  Government,  and  that  our  great  dangers  arose 
from  the  probability  of  a  consolidation  of  all  die  States  under 
one  government,  ha^  e  heretofore  been  considered  by  many  as 
orthodox  articles  in  the  republican  creed. 

We  conceive,  therefore,  may  it  please  your  Excellency,  tliat 
if  ever  it  shall  be  considered  criminal  to  investigate  the  conduct 
of  our  rulers,  or  to  express  our  opinions  of  the  measures  of 


ANSWER  OF  THE  HOUSE.  US 

^rernment  with  freedom ;  if  ever  the  mandate  of  authority 
shiill  suppress  inquiry,  or  stifle  the  voice  of  pubhck  complaint, 
the  Constitution  becomes  a  dead  letter,  and  the  Liberties  ol'  the 
people  but  a  name.  And  we  also  conceive,  that  in  times  of 
great  and  general  suffering,  it  is  much  more  safe  and  expedi- 
ent that  the  legislative  body  should  represent  to  the  constituted 
authorities  the  real  sentiments  and  feelings  of  the  people,  than 
to  take  the  hazard  that  they  may  burst  out  in  violent  and  per- 
haps uncontrolable  expressions  of  distress. 

The  House  of  Representatives  have  learnt,  with  great  plea- 
sure, from  your  Excellency,  "  That  our  Governmeiit,  instead 
of  calculating  upon  the  fallacious  aid  of  foreign  alliances,  is 
raising  forces,  making  provision  for  araiing  our  militia,  and 
that  the  fortifications  of  our  principal  seaports  are  in  a  state  of 
progress."  In  a  time  of  such  extensive  alarm  and  imminent 
danger,  it  gives  great  satisfaction  to  the  Representatives  of  the 
People,  to  find  that  our  General  Government  has  commenced 
a  system  of  measures  so  obviously  of  the  first  importance. 

It  would  be  tedious,  as  your  Excellency  remarks,  to  detail 
all  the  orders  and  decrees  of  the  belligerent  powers  which  in- 
fringe the  rights  of  the  United  States.  We  will  only  remark, 
that  the  offensiveness  of  the  decree  of  the  Emperour  of  France, 
which  is  first  in  order  of  time  and  first  noticed  by  your  Excel- 
lency, is  greatly  aggravated  by  the  consideration \hat  it  is  indi- 
rect violation  of  our  treaty  made  with  that  government  in  Sep- 
tember, 1800  ;  thus  adding  insult  to  injury,  and  sacrificing  at 
once  the  good  faith  of  contracts,  and  the  established  principles 
and  usages  of  civilized  nations.  We  perfectly  concur  with 
your  Excellency  in  reprobating  that  most  unfounded  claim,  by 
any  belligerents,  to  blockade  the  ports  of  their  enemies  by  or- 
ders and  decrees  only.  It  is  one  of  the  most  incontrovertible 
maxims  in  the  law  of  nations,  that  a  blockade  can  never  right- 
fully exist  without  an  actual  investment  by  a  force  competent 
to  prevent  or  punish  its  infringement. 

The  United  States  have  but  lately  assumed  a  rank  among  the 
nations  of  the  world.  In  the  year  1793,  for  the  first  time,  they 
found  themselves  in  the  situation  of  an  independent  neutral 
State,  amidst  the  conflict  of  the  most  powerful  nations.  Th6 
policy  of  the  great  Washington  at  that  time  was  pacifick  ; 
the  interests  of  the  country  have  ever  since  dictated  a  similar 
policy. 

Under  these  circumstances  it  was,  perhaps,  to  be  expected 
that  \VQ  should  estimate  more  highly  the  rights  of  neutrals,  thaii 


167  ANSWER  OF  THE  HOUSE. 

those  of  belligerents ;  that  wt  should  consider  the  formef  as 
better  founded  in  reason  and  justice,  and  sometimes  view  with 
jealous)-  the  just  exercise  of  the  riglits  of  war.     But  while  we 
would,  at  all  times,  resist  w^ith  firmness  every  extension  of  these 
rights,  wo  should  not  forget  that  Ave  ourselves  may  become 
belligerents.     We  therefore  owe  it  to  our  country,  as  well  as 
to  all  other  nations,  not  to  attempt  innovations  in  those  rules  of 
conduct  which  arc  equally  obligatory  on  all,  and  which  it  may 
be  indispensable  for  our  safety  at  another  time  to  enforce.    We 
agi^ce  in  opinion  with  your  Excellency,  that  the  people  of  the 
United  States  still  "  ardently  wish  for  peace  ;"  and  we  cannot 
but  indulge  a  hope  that  the  General  Government  will  speedily 
adjust  every  subject  of  controversy  with  all  nations  who  mani* 
fest  a  sincere  disposition  to  respect  our  rights,  and  to  make 
honourable  reparation  for  the  wrongs  they  may  haAC  done  us ; 
that  all  questions  of  an  equivocal  or  doubtful  nature   may  be 
amicably  compromised,  and  our  just  rights  be  acknowledged 
and  established.      At  the  same   time   t\try   consideration  of 
honour  and  safety  unites  us  in  the  opinion  expressed  by  your 
Excellency,  that  we  ought  to  be  "  prepared  for  war.'^ 

If  peace  cannot  be  secured  without  dishonour ;  if  any  nation, 
however  formidable,  should  persist  in  a  course  of  conduct  hos- 
tile to  our  known  rights,  and  injurious  to  our  national  honour, 
the  people  of  IMassachusetts  will  always  be  ready  to  join  their 
fellow  citizens  throughout  the  United  States  in  resisting  such 
aggressions.  They  will  cheerfully  endure  e\ery  privation,  they 
will  make  every  exertion  and  every  sacrifice  necessary  to  main- 
tain that  national  character,  which  your  Excellency  so  justly 
appreciates.  So  long  as  these  sentiments  pervade  the  United 
States,  our  National  Government  Avill  not  want  the  means  of  a 
vigorous  and  manly  defence  of  our  rights,  and  we  trust  they 
v/ill  never  think  it  necessary  to  abandon  the  all- important 
interests  of  commerce  as  unworthy  of  protection,  or  incapable 
of  defence. 

Your  Excellency  has  been  pleased  to  notice,  at  considerable 
length,  the  Embargo  imposed  by  the  government  in  Decem- 
ber last,  and  to  remark  that  "  the  power  of  an  Embargo  was 
exercised  under  the  administration  of  President  Washington 
without  scruple.  The  Embargo  to  which  your  Excellecy  al- 
ludes, was  laid  at  a  period  vvhen  our  commerce  \\-as  suddenly 
invaded  on  the  ocean,  and  for  a  short  and  limited  time.  As 
soon  as  the  merchants  were  supposed  to  be  properly  apprized 
of  tlie  danger,  and  to  have  taken  measures  of  precaution,  the 


ANSWER  OF  THE  HOUSE.  168 

Kmbargo  was  removed.  But  the  present  Embargo  rv'-as  im- 
posed when  Congress  itself  possessed  no  oifieial  evidence  of 
new  dangers.  It  has  been  continued  nearly  six  months.  It 
would  exceed,  may  it  please  your  Excellency,  the  limits  which 
the  House  of  Representatives  have  prescribed  to  themselves,  to 
inquire  whether  a  commercial  treaty  might  not  have  been  ne- 
gotiated with  the  power  most  capable  of  injuring  our  commerce, 
or  to  consider  'what  causes  led  to  the  perplexed  state  of  things 
Avhich  induced  the  Government  to  resort  to  this  distressing  ex- 
pedient ;  but  the  House  of  Representatives  cannot  do  justice 
to  the  interests  or  to  the  feelings  of  their  constituents  without 
observing,  that  a  long  continued  Embargo,  imposed  under  the 
power  to  regulate  commerce^  and  with  a  view  of  protecting 
our  seamen  and  vessels,  has  nearly  annihilated  our  foreign 
trade.  It  has  restricted  the  people  of  the  interiour,  and  on  the 
frontiers  from  pursuing  their  accustomed  business  with  the 
•neighbouring  countries.  It  has  imposed  new,  and  we  conceive 
unconstitutional  restrictions  upon  the  coasting  trade.  In  fine, 
it  has  spread  distress  through  all  classes  of  society,  and  most 
deeply  affects  the  interests  of  this  great  commercial  State. — 
There  has  been,  as  your  Excellency  has  observed,  under  the 
pressure  of  this  publick  calamity,  "  an  exhibition  of  tranquility 
and  good  order,  that  could  flow  from  no  other  source  than  that  of 
an  enlightened  understanding,  and  a  pure  love  of  liberty,  conduct- 
ed by  law  and  government. ' '  We  hope  and  trust  that  the  people  of 
this  commonwealth  will  continue  to  exhibit  a  striking  example  of 
fortitude  and  obedience  to  the  laws,  so  long  as  the  Govern- 
ment shall  continue  these  restrictions.  We  cannot,  hov/ever, 
but  hope  that  the  policy  of  our  Government  will  be  such,  as  to 
suffer  our  merchants  and  mariners  to  pursue  their  accustomed 
business,  leaving  those  most  immediately  interested  to  judge  of 
the  hazard. 

In  ansv/er  to  your  Excellency's  suggestion,  that  it  may  be 
well  to  inquire,  whether  it  is  not  within  the  power  of  the  Le- 
g'islature  of  this  State  to  ameliorate  the  condition  of  the  people, 
during  the  continuance  of  the  Embargo,  we  would  reply,  that 
placed  in  a  situation  so  totally  novel,  and  finding  that  the  dis- 
tress occasioned  by  this  measure  has  extended  itself  to  all  parts 
of  the  Commonwealth,  we  are  unable,  at  this  time,  to  devise 
any  safe  expedient  adequate  to  the  object.  But  if,  at  anytime 
hereafter,  any  such  expedient  can  be  devised  by  your  Excel- 
lency, or  either  branch  of  the  Legislature,  it  will  afford  peculiar 
satisfaction  to  the  House  of  Representatives. 
W 


169  ANSWER  OF  THE  HOUSE, 

May  it  please  your  Excellency, 

The  House  of  Representatives  most  imequivocally  reiterate 
the  opinions  expressed  by  your  Excellency,  that  if  the  Euro- 
pean governments  shall,  in  consequence  of  any  difference  of 
opinion  which  may  exist  among  us,  calculate  upon  making  an 
impression  or  acquiring  an  interest  unfavourable  to  our  liber- 
ties, their  hopes  will  most  assuredly  terminate  in  disappoint- 
ment. "  The  American  nation  will  not  yield  its  independence 
or  become  tributary  to  any  other  power."  Although  they  may 
differ  in  opinion  upon  important  subjects,  yet,  upon  the  appear- 
ance of  danger,  they  \vill  instantly  unite  in  defence  of  their  gov- 
ernment, their  liberties  and  their  country'. 


ANSWER  OF  THE  SENATE,  ITO 


May  it  please  your  Excellency, 

X  HE  Senate  received  with  tlie  high  degree  of 
attention  and  respect,  which  is  ever  due  to  the  Chief  Magistrate 
of  Massachusetts,  the  communication  which  your  Excellency 
has  been  pleased  to  address  to  them,,  in  common  with  the 
House  of  Representatives,  and  which,  from  the  very  critical 
and  momentous  situation  of  our  publick  affairs,  is  rendered  pe- 
culiarly interesting  at  the  present  moment. 

The  Senate  are  happy  to  notice  that  the  communication 
made  to  them,  at  this  time,  is  to  be  considered  as  a  communi- 
cation made  to  their  constituents  at  large.  In  governments 
in  which  all  power  emanates  from  the  people,  in  which 
they  have  "  an  incontestable  and  unalienable  right  to  re- 
form, alter  or  totally  change  the  form  of  government,"  and  In 
which  publick  agents  are  at  all  times  accountable  to  them,  the 
People  have  a  right  to  expect  from  their  Rulers,  frequent,  fair 
and  impartial  statements  of  the  situation  of  publick  affairs,  in 
order  that  they  may  be  enabled,  intelligently  and  suitably,  to 
improve  the  Important  rights  they  have  retained  and  secured  to 
themselves  by  their  constitution  in  the  selection  of  their  publick 
officers ;  and  whenever  such  communication  is  unduly  with- 
held, jealousies  and  suspicions  are  engendered,  which,  whether 
well  or  ill  founded,  unavoidably  produce  a  disadvantageous 
effect  on  the  publick  tranquility. 

In  an  enlightened  government,  where  the  citizens  can  have 
but  one  common  interest,,  if  the  means  of  information  are  open- 
ed to  them,  they  are  capable  of  duly  estimating,  and  are  the 
best  judges  of  their  own  peculiar  interests  ;  and  although  no 
government  can  be  effectively  administered  without  a  certain 
degree  of  reliance  being  reposed  in  those  to  whom  it  has  been 
confided  ;  yet,  wliile  this  position  is  admitted,  in  its  limited 
extent,  the  people  of  this  country  will  ever  consider,  that  a  blind 
confidence  being  given  to  or  required  by  any  set  of  Rulers,  must 
be  considered  as  more  nearly  resembling  an  attribute  of  des- 
potism, than  as  the  evidence  of  a  free,  pure  and  elective  Re- 
publick. 

The  embarrassments  in  our  foreign  relations,  the  infringe- 
ments of  our  rights,  and  the  violation  of  our  national  dignity^ 


171  ANSWER  OF  THE  SENATE. 

by  other  po\\Trs,  and  the  restrictions  on  our  commerce,  are,  all 
of  them,  subjects  of  the  highest  interest,  and  will  receive  that 
attention  which  their  importimce  merits. 

In  the  concerns  of  nations,  as  w4th  tliose  of  individuals,  equal 
and  exact  justice  to  all,  a  corresponding  respect  for  ourselves, 
in  requiring  that  from  others  which  we  are  willing*  to  accord  to 
them,  should  be  the  rule  of  our  conduct.  In  the  present  state 
of  the  world,  it  is  however  to  be  feared,  that  little  is  to  be  ex- 
pected from  appeals  to  reason,  unless  tliey  are,  in  some  degree, 
supported  b}^  an  ability  to  enforce  them. 

The  great  powers  of  Europe,  engaged  in  a  sanguinar}'  and 
revengeful  w  ar,  seem  to  consider  the  interests  of  all  other  na- 
tions as  totally  merged,  the  moment  tliey  come  into  competi- 
tion \\'ith  their  views  or  objects.  Thus  conducting,  it  is  the 
duty  of  every  nation  having  relations  with  them,  to  be  prepared 
to  rely  on  its  resources  for  the  support  of  its  o\mi  rights  ;  and 
the  Senate  of  Massachusetts  ^^'ill  rejoice  to  sec  the  Union  placed 
in  a  state  of  defence,  which,  if  occasion  should  unhappily  re- 
quire it,  may  enable  the  United  States,  promptly  and  effectual- 
ly to  maintain,  with  other  nations,  its  equal  rights  ;  and  to  de- 
fend that  independence  so  gloriousl}-  ■\\on,  and  ^vhich  cannot 
but  be  considered  by  every  friend  of  his  country,  and  of  ration- 
al freedom,  as  the  ark  of  our  political  salvation. 

The  inhabitants  of  this  state,  from  its  earliest  establishment, 
accustomed  to  resort  to  the  ocean,  as  a  source  of  profit  and  em- 
ployment, and  delighting  in  that  commerce,  which  returns  the 
gold  and  luxuries  of  every  nation  for  their  raw  materials,  we 
cannot  but  consider  an  interdiction  from  it,  by  a  i^ermanent  la^v 
of  the  United  States,  as  a  great  and  serious  calamit}-. 

At  the  call  of  their  country,  in  its  honr  of  danger,  the  citizens  of 
Massachusetts  have  been  and  excv  will  be  read}',  cheeifully  to  offer 
up  their  lives  and  fortunes ;  but  considering  the  principles  of  equal-, 
ityas  the  basis  of  the  Union,  they  cannot  view,  but  Avith  serious 
apprehension,  the  interdiction  for  an  unlimited  time,  of  nearly 
the  whole  conmierce  cf  the  coimlr}- — nor  view  without  regret, 
the  novel,  and  as  they  belie\"e,  unconstitutional  modes,  in  which 
a  part  of  the  coasting  trade,  still  remaining,  is  alone  permitted 
to  be  prosecuted. 

Tolnlly  adverse  as  are  all  our  habits  and  institutions,  to  the 
granting  of  special  indulgencies  in  commerce,  to  individuals, 
the  Senate  cannot  but  obserA  c  with  concern,  the  establishment 
of  an  inquisitorial  tribunal  in  our  country,  to  determine  among 
bur  citizens  who  arc  imd  who  are  not  cnthled  to  confidence ;  as 


ANSWER  OF  THE  SENATE.  ^72 

they  believe  the  most  rigid  observance  of  tlie  laws  might  have  been 
enibrced  more  effectually  by  measures  infinitely  less  offensive 
to  the  feelings  and  repugnant  to  the  rights  of  the  People, 

The  frequent  experience  of  older  countries  having  demon- 
strated that  a  mantle  of  plausibility  may  easily  be  thrown  over 
the  most  dangerous  innovations  in  government,  it  especially 
behoves  the  citizens  of  the  United  States,  and  those  to  whom 
they  have  committed  the  guardianship  of  their  rights,  sedulous- 
ly to  watch  that  innovations,  erroneous  in  principle,  but  in  their 
eai'ly  progress  not  imm.ediately  oppressive  in  practice,  should 
not  pass  unnoticed,  and  be  suffered  by  the  accumulation  of  pre- 
cedents, to  attain  the  weight  of  prescription. 

The  Senate  agree  with  your  Excellency,  in  the  extreme 
clanger  of  political  foreign  alliances ;  that  they  should  only  be 
rpsorted  to  in  cases  of  the  most  urgent  necessit} .  A  nation 
can  alone  be  secure,  A\'hen  it  can  rely  on  the  virtue,  the  patriot- 
ism and  strength  of  its  own  citizens  ;  and  it  is  to  be  lamented 
that  in  the  present  state  of  the  world,  a  nation  appears  to  be  re- 
spected only  in  the  proportion  in  \\hich  it  is  powerful.  The 
events  of  the  recent  and  present  periods  fully  verify  this  truth  ; 
it  is  therefore  ^vith  ereat  satisfaction  the  Senate  learn,  from  the 
communication  of  your  Excellency,  that  the  government  of  the 
United  States  is  raising  forces  for  the  protection  of  the  Union. 
We  are  fully  sensible  that  for  our  internal  defence,  we  must 
rel}^,  under  the  favour  of  Heaven,  upon  the  militia  of  the  coun- 
try, and  the  Senate  are  happy  to  believe  that  the  militia  of  Mas- 
sachusetts is  inferiour  to  tliat  of  no  other  state  in  the  union. — - 
Too  much  attention  cannot,  however,  be  given  to  this  import- 
ant safeguard  of  our  nation ;  it  can  alone  be  rendered  sufficient- 
ly effective,  by  a  high  degree  of  discipline,  and  by  engrafting 
on  the  minds  of  the  citizens,  while  on  military  duty,  the  habits 
and  feelings  of  the  soldier.  These  can  result  only  from  the 
establishment  of  a  due  degree  of  obedience  and  subordination 
to  their  superiours  in  office,  and  a  conviction  on  the  minds  of 
the  latter,  that  in  the  legal  and  faithful  discharge  of  theirduty,  how- 
ever unpleasant  some  parts  of  it  may  occasionally  be  to  them, 
they  will,  without  danger  of  becoming  the  victims  of  party  or 
of  prejudice,  receive  the  steady  support  and  approbation  of  their 
country.  A  Militia  thus  constituted,  with  a  small  but  well  ap- 
pointed army,  for  the  security  of  our  frontiers,  and  an  efficient 
naval  force,  for  the  protection  of  our  commerce,  would  greatly 
add  to  the  respect  in  which  we  are  held  by  other  nations,  and 
might  perhaps  be  the  means  of  averting  from  us  the  calamities 
of  war,  with  its  destructive  train  of  consequences. 


173  ANSWER  OF  THE  SENATE. 

Fully  impressed  with  the  inconveniencies  to  which  the  citi- 
zens of  this  Commonwealth  are  subjected,  and  feeling  a  most 
cardent  wish  to  alleviate  the  present  situation  of  their  constitu- 
ents, the  Senate  attends  with  great  interest  to  the  suggestions- 
made  by  your  Excellency,  relative  to  the  propriety  of  inquiring 
•whether  it  is  not  within  the  power  of  the  Legislature  of  this 
State  to  ameliorate  the  condition  of  the  People  during  the  con- 
tinuance of  the  Embargo. 

The  Senate  will  be  happy  to  unite  with  your  Excellency  in 
every  constitutional  measure  calculated  to  produce  this  desirable 
end ;  and  as  they  understand  measures  of  this  kind  have  been 
adopted  in  other  states,  it  would  have  been  gratifying  to  them 
to  have  known  their  success. 

In  periods  of  general  distress,  the  necessity  of  a  rigid  econo- 
my in  the  publick  expenditures,  and  a  restriction  of  the  com- 
pensation of  publick  agents  within  those  limits,  which  will  com- 
mand the  ablest  and  most  faithful  services,  is  both  obvious  and 
indispensable.  Should  any  further  suggestions,  on  this  sub- 
ject, occur  to  your  Excellency,  the  Senate  will  feel  grateful  for 
the  communication  of  them,  and  they  request  you  to  be  per- 
suaded, that  they  will  promptly  and  cordially  unite  with  your 
Excellency,  in  tliis,  as  well  as  every  other  object,  which  may' 
be  calculated  to  alleviate  the  inconveniences,  or  promote  the 
prosperity  of  their  constituents,  to  support  the  State  and  Gene- 
ral Government,  in  the  due  and  equal  exercise  of  tlieir  consti- 
tutional powers,  and  to  defend,  against  every  invader,  the  rights 
and  independence  of  their  eountry. 


RESOLVES. 


CLXIX. 

Jtesolvefor  choosing  additiotial  Notaries  Puhlick,     June  2c/,  1 808. 

Resolved,  That  there  be  added  to  the  Notaries  Publick,  for  the 
county  of  Essex,  two— to  reside  in  Newburyport.  For  the 
county  of  Cumberland,  two — one  to  reside  in  Portland,  one  to 
reside  in  Harpswell.  For  the  county  of  Lincoln,  one— to  re- 
side in  Wiscasset.  For  the  county  of  Barnstable,  two — one  to 
reside  in  Sandwich,  one  to  reside  in  Eastliam.  For  the  county 
of  Kennebeck,  one — to  reside  in  Augusta. 

CLXX. 

Resolve  for  paying  John  Kneeland,  Esq.  ninety-six  dollars,  for 

his  travel  and  attendance  as  Representative  ofAndover. 

June  Sd,  1808. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  publick 
Treasury,  t<}  John  Kneeland,  Esq.  the  sum  of  ninety  dollars, 
for  forty-five  days  attendance  ;  and  also  the  sum  of  six  dollars 
for  thirty  miles  travel,  as  a  member  of  the  House  of  Represen- 
tatives at  their  last  session  ;  the  same  being  omitted  in  making 
up  the  pay  roll  of  the  last  session. 

CLXXI. 

Resolve  granting  James  Pomroy  a  pension,  and  correcting  a 
mistake  in  a  former  resolve.     June  3d,  1808. 

Whereas  the  General  Court  of  the  Commonwealth  of  Massa- 
chusetts, by  their  resolve  passed  27th  February,  1807,  granted 
to  Joseph  Pomroy,  Jun.  the  sum  of  two  hundred  and  fifty  dol- 


175  Resolves,  June,  isos. 

lars,  to  enable  him  to  pay  the  Doctors,  Nurses,  and  other  ex- 
penses arising  in  consequence  of  having  lost  his  right  arm  by 
the  explosion  of  a  piece  of  artillery,  at  a  general  muster  and  re- 
view in  the  town  of  Hampden,  and  an  annuity  or  pension  of 
five  dollars  per  month  during  his  natural  life  ;  it  now  appears 
that  in  drawing  the  resolve,  the  name  of  Joseph  Pomroy,  Jun. 
was  inserted  instead  of  James  Pomroy,  in  consequence  of  which 
the  said  James  Pomroy  has  not  been  able  to  obtain  the  relief 
that  was  intended  by  said  resolve  : 

Therefore  be  it  resolved,  That  there  be  allowed  and  paid  out 
of  the  Treasury  of  this  Commonwealth,  to  the  said  James  Pom- 
roy (instead  of  Joseph  Pomroy,  Jun.)  in  consequence  of  having 
lost  his  right  arm  in  manner  as  aforesaid,  the  sum  of  two  hun- 
dred and  fifty  dollars,  to  enable  him  to  pay  the  expenses  afore- 
said, and  an  annuity  or  pension  of  five  dollars  per  month,  from, 
the  27th  day  of  Februar}-',   1807,  during  his  natural  life. 

GLXXII. 

Resolve  discharging  Daniel  Harrington  from  a  recognizance* 

June  3d,  1808. 

On  the  petition  of  Daniel  Harrington,  of  Adams,  in  the  coun- 
ty of  Berkshire,  praying  that  he  may  be  exonerated  from  a  re- 
cognizance entered  into  by  liim  on  the  seventeenth  day  of  Sep- 
tember last,  for  the  appearance  of  one  Joseph  Brace,  before  the  Su- 
preme Judicial  Court,  then  to  be  holden  at  Lenox,  within  and 
for  said  county  of  Berkshire,  on  the  first  Tuesday  of  M.iy  then 
next,  and  now  past,  the  said  Joseph  Brace  having  been  taken 
into  the  custody  of  the  law,  in  the  county  of  Hampshire,  and 
from  thence  sent  to  tlie  States'  Prison,  in  Charlestown,  in  the 
county  of  Middlesex. 

Resolved,  For  reasons  set  forth  in  said  petition,  that  Daniel 
Harrington  aforesaid,  be  released,  exonerated  and  discharged 
from  said  recognizance,  and  that  no  further  proceedings  shall 
be  had  thereon. 

CLXXHL 

Resolve  on  the  Petition  of  Betty  Ames,  authorizing  the  Judge 
of  Probate,  of  Plymouth  county,  to  grant  a  letter  ofadminu- 
tration.     June  2d,  1808. 

On  the  pitition  of  Betty  Ames,  praying  tliat  the  hon.  Joshua 
ThomaS;  Judge  of  Probate  for  the  county  of  Plymouth,  be  aj- 


RESOLVES,  June,  1808.  176 

tlioiizcd  to  grant  letters  of  administration  on  the  estate  of  Eli- 
jah Ames,  of  London,  Britain,  in  the  commonwealth  of  Penn- 
sylvania, deceased. 

Resolved,  That  for  reasons  set  forth  in  said  petition,  the  said 
Joshua  Thomas,  Judge  of  Probate  aforesaid,  be  and  hereby  is 
authorized  and  empowered  to  grant  letters  of  administration 
on  the  estate  of  the  said  Elijah  Ames,  deceased,  in  the  same 
manner  as  though  the  said  Elijah  Ames  had  been  an  inhabitant 
of  the  said  county  of  Plymouth  at  the  time  of  his  decease. 

CLXXIV. 

Resolve  on  the  petition  of  Harrison  Blen,  authorizing  the  admin- 
istrator oil  the  estate  of  Francis  Blen,  to  execute  a  dced^ 
June  4th  1808. 

On  the  petition  of  Harrison  Blen,  of  Dresden,  in  the  county  of 
Lincoln,  shewing  that  on  the  fifth  day  of  August,  A.  D.  1800, 
he  agreed  with  his  brother,  Francis  Blen,  late  of  the  same  Dres- 
den, yeoman,  deceased,  but  then  in  full  life,  to  purchase  of  him 
a  certain  tract  of  land,  lying  in  said  Dresden,  bounded  thus, 
viz.  beginning  at  tlie  south-west  corner  of  Oliver  Barrett's  land, 
thence  to  run  east-south-east  one  mile  and  forty-eight  rods  ; 
tlience  north,  thirty-two  degrees  east,  fifty  rods,  to  Convers 
Lilly's  land ;  thence  east  south  east  fifty-six  rods ;  thence  south 
thirty-two  degrees  west,  one  hundred  rods ;  thence  west-north- 
west to  Eastern  river  ;  thence  up  said  river  to  the  bounds  first 
mentioned  ;  and  shewing  further  that  he  agreed  to  pay  his  said 
brother  therefor  the  sum  of  one  thousand  dollars,  and  imme- 
diately took  possession  of  said  land  ;  and  afterwards,  viz.  on 
the  sixth  day  of  January,  A.  D.  1807,  he  paid  the  said  sum, 
and  his  said  brother  agreed  to  make  and  execute  to  him  a  good 
and  sufficient  deed  of  the  same,  and  a  deed  pursuant  to  the 
agreement  was  written,  but  the  said  Francis  died  suddenly  and 
never  executed  the  same ;  that  he  has  been  ever  since  the  said 
fifth  day  of  August,  and  still  is  in  possession  thereof,  and  has 
made  large  improvem.ents  thereon,  and  that  the  said  adminis- 
trator on  said  Francis  Blen's  estate,  and  the  guardian  of  the 
children  and  widow  of  the  deceased,  are  of  opinion  that  it  v»'ould 
be  for  the  interest  of  all  concerned  that  the  said  agreement  be 
completed,  and  a  deed  executed  pursuant  thereto,  and  pray- 
ing this  Court  that  the  said  administrator  may  be  authorized  to 
make  and  execute  a  deed  accordingly. 

X 


•iW  RESOLVlLS,  June,  1808, 

Tlierefore  resolved^  That  John  M.  Bajle}',  of  Wdohvich,  in 
said  county,  administrator  on  the  estate  of  said  Francis  Blen, 
be,  and  he  hereby  is  authorized  and  empowered  to  make  and 
'execute,  in  due  form  of  laAV,  a  good  and  suflicicnt  deed  to  the 
said  Harrison  Blen,  and  his  heirs,  of  the  aforede scribed  pre- 
mises, conveying  tlie  same  in  fee  simple,  pursuant  totheagree- 
inent  aforesaid,  which  deed  shall  l)e  as  valid  and  effectual  to  all 
intents  and  purposes  \^'hate^'er,  as  if  the  same  had  been  made 
and  executed  by  the  said  Francis  Blen  in  his  life  time. 

CLXXV. 

Resolve  authorizing  Esther  Parsons  to  convey  certain  premis&s 
to  Joel  Burt.     Jane  4th.  1808. 

On  the  petition  of  Esther  Parsons  shewing  that  her  husband, 
Justin  Parsons,  late  of  Westhampton,  in  the  county  of  Hamp- 
shire and  Commonwealth  aforesaid,  deceased,  did  by  agree- 
ment, bargain  and  sell  to  Joel  Burt,  of  said  AVesthampton,  a 
■certain  piece  of  land  in  said  Westhampton,  lying  on  Cub  Hill, 
so  called,  and  containing  about  twenty-fne  acres,  for  a  valuable 
.consideration,  and  that  the  said  Joel  entered  into  possession  of 
said  premises  in  the  life  time  of  said  Justin,  but  he  the  said 
Justin  died  before  he  executed  a  deed  thereof ;  and  praying 
that  the  said  I'Lsther  Parsons,  widow  of  said  Justin,  and  admin- 
istratrix oi»  his  estate,  may  be  authorized  to  convey  the  pre- 
mises to  him  the  said  Joel. 

Resolved,  For  reasons  set  forth  in  said  petition,  that  sard  Est- 
her Parsons  be,  and  she  is  hereby  authorized  to  convey  the 
premises  to  said  Joel  Burt,  by  a  good  and  sufficient  deed,  to 
have  and  to  hold  the  same,  with  the  appurtenances,  to  him 
the  said  Joel,  his  heirs  and  assigns,  in  as  full  and  ample  a 
manner  as  the  said  Justin  could  ha\  c  done  in  his  life  time. 

CLXXVI. 

Resolve  on  the  petition  of  Stephen  Fish,    authorizing  Sarah 
Boltu'ood  to  give  a  deed.     June  Ath,  1808. 

On  the  petition  of  Stephen  Fish,  shelving  tliat  Solomon  Bolt- 
wood,  late  of  Amherst,  in  the  county  of  Hampshire,  and  Com- 
monwealth aforesaid,  gentleman,  deceased,  did,  by  agi-eemcnt, 
bargain  and  sell  to  him  the  said  Stephen,  a  certain  tract  of  land 
in  Amherst  afoi-esaid,  bounded  cast  on  land  of  Timothy  Smidi, 


RESOLVES,  June,  1808.  17Q 

south  on  land  of  John  Lee ;  west  on  the  county  road,  and  north 
on  a  toMii  way,  being-  the  same  farm  whereon  the  said  Stephen 
now  dwells,  and  received  therefor  a  full  and  valuable  consider- 
ation, but  died  before  he  executed  a  deed  thereof,  and  prajini^ 
that  Sarah  Boltwood,  widow  of  said  Solomon,  and  administra- 
trix on  his  estate,  may  be  authorized  to  convey  the  premises  to 
him  the  said  Stephen. 

Resolved^  For  raisons  set  forth-  in  said  petition,  that  said> 
Sarah  Boltwood  be,  and  she  hereby  is  authorized  to  convey  the 
premises  to  said  Stephen  Fish,  by  a  good  and  sufficient  deed,  to 
have  and  to  hold  the  same,  with  the  appurtenances,  to  him  the 
said  Stephen,  his  heirs  and  assigns,  in  as  full  and  ample  a. 
manner  as  the  said  Solomon  could  have  done  in  his  life  time. 

CLXXVIL 

Resolve  fixing  the  pay  of  the  Council  and  General  Court. 
June  Ath,   1808. 

Resolved^  That  there  be  allowed  and  paid  out  of  the  Treasu. 
ry  of  this  Commonwealth,  to  each  of  the  members  of  the  Coun- 
cil, Senate  and  House  of  Representatives,  two  dollars  per  day 
for  each  days  attendance,  the  present  session,  and  the  like  sum 
for  every  ten  miles  travel  from  their  respective  places  of  abode 
to  the  place  of  the  sitting  of  the  General  Court.  J7KI  be  it  fur- 
ther resolved^  that  there  be  paid  to  the  President  of  the  Senate, 
and  Speaker  of  the  House  of  Representatives,  each  two  dolIai-3 
per  day  for  each  and  every  day's  attendance,^  over  and  above  their 
pay  as  members. 

CLXXVIIL 

Resolve  on  the  petition  of  Stephen  Cogsivell,  dischaiging  him 
from  a  recognizance,     JuneAth^  1808. 

On  the  petition  of  Stephen  Cogswell,  of  Rutland,  in  the 
county  of  Worcester,  shewing  that  the  said  Stephen  Cogswell, 
recognized  for  one  Lucy  Cogswell,  a  minor,  as  principal,  in 
the  sum  of  one  hundred  dollars,  and  also  as  surety  in  another 
sum  of  one  hundred  dollars,  for  the  appearance  of  the  said  Lucy 
Cogswell,  before  the  Justices  of  the  Supreme  Judicial  Court, 
which  v/as  to  be  holden  at  Worcester,  within  and  for  the  said 
county  of  Worcester,  on  the  fourth  Tuesday^  September, 
Anno  Domini,  1807,  to  answer  to  the  said  Commonwealth  on  a 
certani  charge  or  complaint  of  adultery ;  but  the  said  Lucy  Cogs- 


179  RESOLVES,  June,  1808. 

well  did  not  appear  at  the  Court  aforesaid,  holden  as  aforesaid, 
whereby  the  said  recognizance  was  forfeited.  Whereupon  a 
wiit  of  Scire  Facias,  issued  on  the  seventh  day  of  October,  in 
the  year  of  our  Lord  eighteen  hundred  and  se\en,  against  the 
said  Stephen  Cogswell,  to  recover  the  sum  of  one  hundred  dol- 
lars, the  forfeiture  of  said  recognizance,  which  said  Scire  Facias 
was  there  afterwards  returned  to  the  said  Supreme  Judicial 
Court,  which  was  holden  at  Worcester,  within  and  for  said 
county  of  Worcester,  on  the  third  Tuesday  of  April,  Anno 
Domini  1808,  and  continued  from  thence  to  the  Supreme 
Judicial  Court  to  be  holden  at  W"orcester,  within  and  for  said 
county  of  Worcester,  on  the  fourth  Tuesday  of  September,  1 808. 
Resolved,  That  for  reasons  stated  in  said  petition,  upon  pay- 
ment of  the  sum  of  twenty  dollars,  by  the  said  Stephen  Cogs- 
well, to  the  Attorney  General  of  this  Commonwealth,  or  the 
Treasurer  of  said  county  of  Worcester,  by  the  fourth  Tuesday 
of  September  next,  the  said  Stephen  Cogswell  be,  and  he  is 
hereby  discharged  from  said  recognizance  and  the  process  or 
Scire  Facias  issued  thereon. 

CLXXIX. 

Resolve  for  an  additional  Notary  Puhlick  in  Bristol, 
June  Ath,   1808. 

Resolved,  That  an  additional  Notary  Publick  be  appointed 
within  the  county  of  Bristol,  to  reside  in  the  town  of  Somer- 
sett,  in  said  county. 

CLXXX. 

Resolve  reviving  certain  resolves,  respecting  gratuity  to  old  Sol- 
diers.    June  4t/i,   1808. 

Whereas  the  resolves  passed  on  the  fifth  day  of  March,  and 
nineteenth  day  of  June,  1801,  and  on  the  nintli  day  of  March, 
1804,  and  also  on  the  fifteenth  day  of  March,  1805,  concern- 
ing  Soldier's  land,  or  money  in  lieu  thereof,  have  expired,  and 
as  it  appears  expedient  that  all  the  aforesaid  resolves  should  be 
revived  and  continued  for  a  furtlier  time.     Therefore, 

Resolved,  That  all  the  aforesaid  resolves  be,  and  the  same  are 
hereby  revived,  and  shall  continue  in  force  until  the  first  day  of 
Mai'ch,  which  will  be  in  the  year  of  our  Lord  one  thousand 
eight  hundi'ed  and  ten ;  and  all  persons  entitled  to  any  benefit 
by  virtue  of  said  resolves,  or  either  of  them,  shall  and  may  re- 


RESOLVES,  June,  1808.  180 

ceive  the  same,  within  the  time  hereby  extended  and  limited, 
in  as  full  and  complete  a  manner  as  they  might  have  done  had 
the  said  resolves  not  expired. 

CLXXXI. 

Resolve  cojifirming  the  records  of  the  taivn  of  Parsonsjield. 
June  1th,  1808. 

On  the  petition  of  the  inhabitants  of  the  town  of  Parsonsfield, 
in  the  county  of  York,  praying  that  the  records  and  doings  of 
the  same  town  may  be  confirmed  and  established,  notwithstand- 
ing any  informalities  therein. 

Resolved,  That  the  transactions  of  said  town  meetings  be, 
and  they  hereby  are  confirmed  and  rendered  valid,  any  infor- 
alities  or  irregularities  in  issuing,  posting  or  returning  warrants 
for  said  town  meetings,  or  in  the  records  thereof,  notwithstand- 
ing. Provided  however^  That  nothing  herein  contained,  shall 
be  construed  to  affect  the  title  to  any  lands  assessed  or  sold  as 
the  estate  of  any  non  resident  proprietor,  of  lands  lying  witliin 
the  same  town. 

CLXXXII. 

Resolve  on  the  petition  of  Ruth  Mayhew,  directi?ig  the  relin- 
quishment of  the  Staters  claim  to  a  tract  of  land.  June  Ith^ 
1808. 

On  the  petition  of  Ruth  Mayhew,  of  Litchfield,  in  the  county 
of  Lincoln,  wido^v,  praying  that  the  Legislature  would  grant, 
and  relinquish  to  her  the  government's  right  to  a  certain  tract 
of  land  that  her  brother-in-law,  Peter  Sanxter,  the  last  husband 
of  her  sister  Tabathy  Rooks,  late  of  Orrington,  entered  upon 
before  the  revolutionary  war,  and  by  the  go^^ernment  ^vas  grant- 
ed to  said  Peter,  the  said  Peter  having  deceased  without  issue, 
and  said  Tabath}^,  his  Avidov/,  having  like\\ise  died  without 
issue. 

Resolved  therefore,  That  the  Agents  for  the  sale  of  Eastern 
lands  be  empov/ered,  for  reasons  set  forth  in  said  petition,  to 
relinquish  to  said  Ruth  Mayhew,  her  heirs  and  assigns,  all  the 
right,  claim  and  demand  the  said  Commonwealth  now  have 
to  said  tract  of  land,  called  lot  No.  21,  in  Orringlon,  in  tlie 
county  of  Hancock  ;  together  with  the  buildings  thereon  stand- 
ing, containing  one  hundred  acres  of  land ;  and  that  the  said 
agents  make  and  execute,  in  the  name  of  the  Commonv.ealth, 
a  deed  of  release  of  said  Commonweahh's  right  to  the  said 


181  RESOLVES,  June,  1808. 

Riitii  Ma}  hew  :  Provided^  the  said  Ruth  MayhcAv  shall  com- 
ply with  the  conditions  required  of  the  settlers  in  the  said  town 
of  Onington,  by  any  resolves  of  the  General  Court. 

CLXXXIII. 

Resolve  excuswg  the  Town  Clerk  of  Buckland  from  poking  a 
fne.     June  9th,   1808. 

Upon  the  petition  of  Samuel  Taylor,  Town  Cleric  of  the 
town  of  Buckland,  praying  that  said  town  may  be  exempted 
from  a  fine  on  account  of  his  neglect  to  certify  the  return  of 
the  votes  of  said  town  for  Governour,  &c.  in  the  year  1807, 
as  it  was  merely  an  accidental  and  undesigned  omission  on  his 

part.  

Resolved y  That  for  reasons  set  forth  m  said  petition,  the  m- 
habitants  of  the  town  of  Buckland  be  excused  from  the  pay- 
ment of  any  fine  on  account  of  any  neglect  of  the  clerk  of  said 
town  to  certify  the  return  of  the  votes  for  Go\ernour,  &c.  in. 
the  year  1807. 

CLXXXIV. 

Resolve  on  the  petit  ion  of  Stephen  Codnwn,  Esq.  authorizing 
Wdliam  Soiithgate  to  convey  land^  late  the  property  of  Jofm 
Southgate,  deceased,  to  the  Union  Batik.     June  9th,  1808. 

On  the  petition  of  Stephen  Codman,  of  Boston,  in  the  county 
of  Suffolk,  and  Commonwealth  aforesaid,  Merchant,  and  one  of 
the  Directors  of  the  Union  Bank,  jiraying  that  the  administra- 
tor on  the  estate  of  John  Southgate,  late  of  Leicester,  in  the 
county  of  Worcester  and  Commonwealth  aforesaid.  Gentleman, 
deceased,  might  be  empowered  to  convey  to  the  President  and 
Directors  of  the  Union  Bank,  their  successors  and  assigns  for- 
ever, a  lot  of  land  lying  in  the  county  of  Hancock,  in  the 
State's  late  purchase  of  \\\t  Penobscot  Indians,  and  is  part  of 
the  third  quarter  of  To\\Tiship  No.  4,  on  the  west  side  of  Pe- 
nobscot ri^•er,  bounded  northwardly  by  the  quarter  line,  against 
the  second  quarter  of  said  township  number  four  ;  eastwardly 
on  the  aforesaid  river,  and  that  part  of  it  Cc\lled  Dead  water 
way,  and  to  extend  so  far  southv/ardly  on  the  n\cr  as  to  in- 
clude one  half  of  the  breadth  of  said  quarter  number  tliree  ; 
thence  by  a  line  due  AACst,  so  fiir  as  tliat  a  line  due  north  shall 
include  the  quantit}^  of  fne  hundred  acres,  closing  on  the  afore- 
said line  of  the  second  quarter,  or  however  otherwise  boundecr. 


RESOLVES,  June,  1808.  185 

ks  by  deed  from  the  Hon.  Salem  Towne,  Esq.  to  him  the  said 
John  Southgatc,  may  more  fully  appear,  which  lot  of  land  the 
said  John  Southgatc,  in  his  life  time,  viz.  on  the  fourth  day  of 
September,  eighteen  hundred  and  two,  by  bond  of  that  date, 
and  in  a  certain  penalty,  contracted  to  convey  to  one  ^Viliianl 
Nasson,  his  heirs  or  assigns,  on  the  payment  of  certain  sums  of 
tnoney  by  installments,  which  bond  the  said  Nasson  afters  ards, 
for  a  valuable  consideration,  assigned  to  Messrs.  Enoch  lisle}-, 
Stephen  M'Lellan  and  William  Brown,  two  of  whom,  viz.  the 
said  M'Lellan  and  Brown,  paid  the  several  installments  within 
the  respective  times  set  in  the  said  bond,  and  afterwards  the 
said  Ilsley,  M'Lellan  and  Brown,  for  a  valuable  consideration, 
did  by  their  deed  assign  the  said  bond,  and  all  their  right  and 
estate  in  and  to  the  premises  therein  described  unto  the  Presi- 
dent and  Directors  of  the  Union  Bank,  and  therein  also  author- 
ized the  said  Codman,  for  the  benefit  and  use  of  said  Bank,  to 
prefer  any  petition  to  the  General  Court  for  the  purpose  of  ob- 
taining a  licence  to  authorize  the  said  administrator  to  make  the 
conveyance  aforesaid.     Whereupon, 

Resolved,  That  the  prayer  of  the  petition  be  granted,  and 
that  William  Southgatc,  of  Leicester  aforesaid,  yeoman,  admin- 
istrator on  the  estate  of  the  said  John  Southgatc,  deceased,  be, 
and  he  is  hereby  authorized  and  empowered  to  make  and  ex- 
ecute a  good  and  sufficient  deed  or  deeds,  in  due  form  of  law, 
to  convey  unto  the  said  President  and  Directors,  their  success- 
ors and  assigns  forever,  all  the  right,  title,  interest,  claim  and 
estate  whatsoever,  which  the  saicl  John  Southgatc,  in  his  life 
time,  had  in  and  to  the  lot  of  land  before  described,  and  in  and 
to  all  the  privileges  and  appurtenances  thereof. 

CLXXXV. 

'Resolve  reqtiest'wg  the  memhcrs  oftliis  State,  in  the  Co?7gress of 
the  United  States,  to  endeavour  to  procure  a  compromise  of 
the  claim  of  Benjamin  Hichhorn  and  others,  agreeable  to  the 
cession  of  Georgia  to  the  said  States.     June  9th,  1808. 

The  committee  to  w^hom  was  committed  the  petition  of  Ben- 
jamin Hichborn  and  others,  claimants  of  certain  lands  granted 
by  the  State  of  Georgia  to  certain  citizens  of  that  State,  and  by 
said  grantees  sold  to  the  petitioners,  and  since  ceded  by  the 
State  of  Georgia  to  the  United  States,  and  praying  for  the  in- 
terposition of  this  Legislature  to  represent  their  rights,  and  to 
give  aid  to  their  petitions  to  that  government  to  obtain  an  cquit- 


183  RESOLVES,  June,  1808. 

able  compromise,  or  a  trial  at  law,  have  attended  that  service^  and 
ask  leave  to  report. 

That  on  examination  of  the  pretentions  of  the  petitioners, 
claimants  as  aforesaid,  they  find  that  the yacf5  set  forth  in  the  said 
petition  are  substantially  true,  and  have  been  proved  to  the 
satifliction  of  your  committee,  principally  by  publick  docu- 
ments, that  the  petitioners  have  been  at  gi-eat  and  distressing 
expense  in  their  endeavours  to  obtain  justice  from  the  Govern- 
ment of  the  United  States  during  many  years  last  past  ;  that 
they  have  not  yet  been  able  to  obtain  it :  your  committee  there- 
fore think  that  the  i^etitioners  are  entitled  to  the  interference  of 
this  Legislature,  in  and  of  their  rights  as  citizens  of  this  Com- 
monwealth, to  whom  they  owe  their  peculim*  allegiance,  and 
from  whom  they  are  entitled  to  receive  all  the  protection  in  their 
power  constitutionally  to  bestoAV,  they  therefore  submit  the  fol- 
lowing resolve  for  the  consideration  of  the  Legislature. 

C.  GORE,  per  order. 

JResoIvcd,  That  the  Senators  of  this  Commonwealth,  in  the 
Senate  of  the  United  States  be  instructed,  and  that  the  several 
members  of  the  House  of  Representati^•es  from  the  several  Dis- 
tricts of  this  CommouAvealth  be  requested  to  use  their  earnest 
and  constant  endeaAOurs  to  procure,  in  behalf  of  the  petitioners, 
an  equitable  compromise  of  their  claims,  in  conformity  Avith  the 
rulicles  of  cession  of  the  State  of  Georgia  to  the  United  States, 
or  that  the  petitioners  be  indulged  \\\X\\  a  trial  to  determine 
their  title  to  the  lands  they  claim,  according  to  knovvn  and  es- 
tablished principles  of  justice. 

CLXXXVL 

Resolve  respectinsr  Brigade  Inspectors.     June  9th,  1S08. 

Resolved,  That  the  committee  on  accoimts  be,  and  they  are 
hereby  directed  not  to  allow  any  account  of  a  Brigade  Inspector, 
for  tlie  inspection  of  the  Magazine  of  any  toun,  unless  he  pro- 
duce a  certificate  of  one  or  more  of  the  Selectmen  of  suchtOTMi, 
or  of  the  person  who  hath  the  care  of  such  Magazine,  of  his 
having  actually  performed  that  service. 

Ajid  be  it  further  resolved.  That  the  Secretary  cause  news- 
paper publiciition  to  be  given  of  the  foregoing  resohe  through 
the  Common vrealth. 


RESOLVES,  June,  1808,  184 

CLXXXVII. 

Resolve  on  the  petition  of  John  Tufts,  for  a  company  of  Grena- 
diers, in  Brookfield  and  JVesiern.     June  lOth,  1808. 

On  the  petition  of  John  Tufts  and  others,  praying  for  libertv 
to  raise  a  Company  of  Grenadiers,  in  the  towns  of  Brookfield 
and  Western,  in  the  third  Regiment,  first  Brigade  and  scventli 
Division  of  the  Mihtia  of  this  Commonwealth. 

Resolved,  That  his  Excellency  the  Governour,  with  the  ad- 
vice and  consent  of  Council  be,  and  he  hereby  is  authorized 
and  empowered  to  raise,  by  voluntary  enlistment,  a  Conmanv 
of  Grenadiers,  in  the  towns  of  Brookfield  and  Western,  withia 
the  limits  of  said  third  Regiment.  Provided  the  standing  com- 
panies in  said  towns  are  not  reduced  thereby  below  the  num- 
ber prescribed  by  la\v;~said  Company,  when  raised,  to  be  an- 
nexed to  said  third  Regiment,  and  to  be  sul^ject  to  such  rules 
and  regulations  as  are  or  may  be  provided  by  la^v  for  tlie  ^oy- 
ernment  of  the  Militia  of  this  Commonwealth.  "^ 

CLXXXVIII. 

Resolve  on  the  petition  of  Alexander  Field.,  authorizing  him  to 
sell  the  estate  of  his  ward.     June  lOth,  1808. 

On  the  petition  of  Alexander  Field,  of  Long  Meadow  in  the 
county  of  Hampshire,  guardian  of  Calvin  Colton,  minor,  and 
son  of  Luther  Colton,  late  of  said  Long  Meadow,  deccas-d 
praying  for  liberty  to  sell  the  real  estate  of  said  minor,  for  tlie 
purpose  of  his  education. 

Resolved   For  reasons  set  forth  in  said  petition,  that  the  said 
Alexander  Field,  guardian  as  aforesaid,  be  authorized  and  em- 
powered to  sell,  at  publick  auction,  to  the  highest  bidder,  the 
whole  of  the  real  estate  of  said  minor,  for  the  purposes  aforesaid 
and  to  give  and  execute  a  good  and  sufficient  deed  or  deeds  of 
conveyance  of  the  same  ;  the  said  Alexander  Field  first  2:ivina- 
publick  notice  of  the  time  and  place  of  sale,  in  the  Hanipshire 
lyderahst    printed  at  Springfield,  at  least  thirty  davs  before  the 
time  of  sale;  and  also  posting  up  notifications  thereof  in  some 
publick  place  m  said  Long  Meadow,  for  the  same  time    and 
giving  bond,  with  good  and  sufficient  surety,  to  the  JudW  of 
Probate  for  the  county  of  Hampshii'e,  faithfully  and  trufy  to 
apply  the  proceeds  of  such  sale  to  the  education  of  said  minor 
or  othervyise  equitably  to  account  with  said  minor  for  the  same' 
or  with  the  said  Judge,  whenever  thereto  required. 
X 


185  RESOLVES,  June,  1808, 

CLXXXIX. 

Resolve  for  distributing  Laws  of  Congress.    June  \Othy  1808. 

Sect.  1.  Resolved,  That  the  copies  of  the  Laws  of  the 
United  States,  of  the  second  session  of  the  ninth  Congress,  be 
distributed  by  the  Secretary  in  the  same  manner  as  the  laws  of 
the  first  session  of  the  same  Congress  were  directed  to  be  dis- 
tributed by  a  resolve  passed  the  twenty- sixth  day  of  January, 
one  thousand  eight  hundred  and  eight. 

S  E  c  T .  2.  Be  it  further  resolved,  That  upon  tlie  deaths  resig- 
nation or  removal  from  office  of  either  of  the  Clerks  of  To^xtis 
or  Districts,  or  Law  Courts,  Judges  of  Probate,  Sheriffs,  Trea- 
surers or  Assessors  of  plantations.  Attorney  General,  Solicitor 
General,  Major  Generals,  Adjutant  General  and  Quarter  Mast- 
er General ;  also  either  of  the  Registers  of  Deeds  and  County 
Attornies,  he  or  his  executors  or  administrators  respectively* 
shall  be  held  and  obliged  to  deliver  over  the  said  laAvs  to  liis 
successor  in  office  for  the  use  of  their  se\eral  offices. 

Sect.  3.  And  be  it  further  resolved.  That  the  laws  of  the 
United  States,  of  any  past  or  future  sessions  of  Congress, 
which  may  hereafter  be  rcceiAcd,  shall  be  distributed  by  the 
Secretary  m  the  same  manner  as  is  directed  in  the  aforesaid  re- 
solve of  the  twenty- sixth  of  Januar}^,  one  thousand  eight  hun- 
dred and  eight,  and  to  be  subject  to  the  restrictions  mentioned 
in  the  second  section  of  these  resolves. 

CXC. 

Resolve  allowing  to  John  Coates,  and  others,  bix  years  from  the 
1st  of  March,  1807,  to  settle  township  No.  3.    Juiie  IQtIi,  1808. 

On  the  petition  of  John  Coates,  and  others,  proprietors  of 
township  number  three,  in  the  count}-  of  AV'ashington,  which 
was  laid  out  in  conformity  to  a  grant  made  to  the  proprietors  of 
Tomishend. 

Resolved,  For  reasons  set  forth  in  said  petition,  that  a  further 
time  of  six  years,  from  the  1st  day  of  Maixh,  1807,  be  allowed 
to  said  proprietors,  their  heirs  and  assigns,  to  settle  twenty 
fiimilies  upon  township  No.  3,  in  the  count}'  of  Washington  ; 
and  that  if  said  proprietors,  their  heirs  or  assigns,  shall,  -within 
said  time,  settle  the  said  number  of  families,  including  what 
may  be  already  there  on  said  to\Miship,  that  tlien  the  estate, 
right  and  title  of  said  proprietors,  their  heirs  or  assigns,  shall 


RESOLVES,  June,  1808.  186 

be  as  valid,  full  and  effectual,  to  all  intents  and  purposes,  as  it* 
the  conditions  of  settlement,  expressed  in  the  original  grant  of 
said  township,  had  been  fully  and  seasonably  complied  with. 

Provided  nevertheless.  That  the  said  John  Coates,  and  other 
proprietors  of  said  township  No.  3,  in  the  county  of  Washings 
ton,  shall,  on  or  before  the  first  day  of  December  next,  give 
bonds  to  this  Commonwealth,  in  the  sum  of  twelve  hundred 
dollars,  with  sufficient  surety  or  surities,  to  the  satisfaction  of 
the  agents  for  the  sale  of  Eastern  laads,  conditioned  that  the 
said  number  of  twenty  families  shall,  within  the  said  term  of 
SIX  years,  be  settled  on  said  township,  or  for  the  pavment  of 
thirty  dollars  for  each  family  which  shall  then  be  deficient. 

CXCI. 

Hesolve  grantifig  pay  of  the  Lieutenant  Governoiir,   Secretarii 
and  Treasurer.     June  lOth,  1808, 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Trea- 
sury of  this  Commonwealth  to  his  honour  the  Lieutenant  Gov 
ernour  tliereof,  the  sum  of  five  hundred  thirty-tliree  dollars  thirty- 
three  cents,  for  his  salary  one  year  from  die  thirty-first  of  May 
last.  ^ 

.  Also  to  William  Tudor,  Esq,  Secretary  to  the  Common 
wealth,  the  sum  of  fifteen  hundred  dollars  for  his  salarv  foron^ 


year,  from  the  third  of  June  current,  he  to  be  accountable  a^ 
the  end  of  the  year  for  all  the  fees  of  office  he  shall  hjive  receiv^ 
ed  :  and  to  the  Treasurer  and  Receiver  General  of  this  Com 


monwealth  the  sum  of  two  thousand  dollars,  for  his  sahirv  for 
one  year,  from  the  third  of  June  current  :  and  that  all   the 
aforesaid  salaries  be  paid  in  quarterly  payments  as  thev  shall  be 
come  due.  ^ 

CXCIL 

Resolve  on  the  petition  of  Asa  Rand  and  others,     Jujie  lOth  1808. 

On  the  petition  of  Asa  Rand  and  Nathaniel  Rand  both  of 
Westminster  in  the  county  of  Worcester,  stating  that  on  the 
fourth  day  of  November  last,  Zachariah  Rand,  father  of  said  ne 
titioners,  was  arrested  and  carried  before  a  justice  of  the  peace 
on  the  charge  of  forgery,  in  altering  a  list  of  taxes,  committed  ta 
him,  as  a  Collector,  to  collect,  and  was  ordered  by  said  justice 
to  recognize  for  his  appearance  at  the  last  Supreme  Judici-l 
Court,  m  said  county  of  Worcester,  in  the  sum  of  four  hun 


187  RESOLVES,  June,  1808. 

died  dollars,  with  sureties  ;  that  the  said  Zachariah  did  ac- 
cordingly so  recognize,  and  said  petitioners  recognized  with 
liim  as  his  sureties  :  that  before  the  sitting  of  said  Court,  the 
said  Zachariah  absconded,  whereby  said  recognizance  became 
forfeited,  and  said  petitioners  exposed  to  pay  said  sum,  and 
pra}ing  that  the  \^'hole  or  a  part  of  said  sum  be  remitted  to 
them. 

Resolved,  That  upon  the  said  Asa  Rand  and  Nathaniel  Rand's 
paying  to  the  Attorney  General  of  said  Commonwealth,  or  to 
the  Treasurer  for  said  county  of  Worcester,  four  hundred  dol- 
lai'S,  and  also  paying  all  cost  which  has  arisen  or  may  hereafter 
arise,  b}^  reason  of  siiid  arrest  and  recognizance,  on  or  before 
the  sitting  of  the  Supreme  Judicial  Court,  next  to  be  holdcn  at 
A\''orcester,  widiin  and  for  said  count}'  of  W'orcester,  they  the 
said  Zachariah,  Asa  and  Nathaniel  shall  be  discharged  from  all 
claim  in  fa\our  of  said  Commonwealth  against  them  by  reason 
of  their  aforesaid  recognizance. 

CXCIII. 

Resolve  on  the  petition  of  David  Lawrence,  Executor  of  the 
2viU  of  Joseph  Adams,  late  of  Lincohi.     June  lOth,  1808. 

On  the  petition  of  David  La^^Tence,  Executor  of  the  last  will 
and  testament  of  Joseph  Adams,  late  of  Lincoln,  in  the  count}'- 
of  Middlesex,  Esq.  deceased,  shewing  that  he  w  as  directed,  by 
the  Judge  of  Probate,  for  said  count}-  of  Middlesex,  to  give 
notice  of  his  appointment  of  Executor  as  aforesaid,  by  posting 
up  notifications  thereof  in  some  publick  place  in  said  Lincoln, 
aixl  by  publishing  the  same  three  \\  eeks  successively  in  the  Co- 
lumbian Centincl,  printed  by  Benjamin  Russell,  ^vithin  three 
months  from  tlie  time  of  his  said  appointment ;  that  he  did  post 
up  notifications  in  said  Lincoln,  agreeably  to  said  order,  but 
that  from  some  mistake  notice  Mas  not  given  in  said  Columbian 
Centinel,  conformably  to  tlie  said  direction  of  the  said  Judge  of 
Probate. 

Resolved^  For  the  reasons  set  forth  in  said  petition,  tliat  the 
TxOtice  gi^•en  as  aforesaid,  by  tlie  said  Lawrence,  of  his  said  ap- 
pointment of  Executor,  shall  be  deemed  and  taken  to  be  legal 
and  sufficient  notice  in  the  same  manner  as  though  the  same 
had  been  published  in  said  Columbian  Centinel,  conformabl}-  to 
the  said  direction  of  the  said  Judge  of  Probate  :  Prcrcided  the 
said  La\^Tence  cause  notice  of  his  said  appointment  to  be  pub- 
lished in  said  Columbian  Centinel  three  weeks  successi\ely, 
'vvithin  si^ity  days  from  the  date  hereof. 


RESOLVES,  June,  1808..  183 

CXCIV. 

Besolve  directing  the  Attorney  General  respecting  a  deed  given 
bij  the  Penobscot  hidians  to  the  Commojrwealthy  which  is 
vussing.     June  lOth,  1808. 

Whereas  his  Excellency  the  Govemour  has,  by  message  of 
the  9th  inst.  informed  the  Legislature  that  a  certain  deed,  made 
by  the  Penobscot  ti-ibe  of  Indians,  in  the  year  seventeen  hun- 
dred and  ninety- six,  is  missing,  and  that  it  is  of  consequence 
to  the  Government  tliat  steps  be  taken  to  obtain  a  proved  copy 
or  some  odier  evidence  to  supply  the  loss  of  the  original. — > 
Therefore, 

Resolved^  That  the  Attorney  General  be,  and  he  hereby  is 
authorized  and  required  to  examine  the  subject  contained  in 
said  message,  and  to  apply  to  the  hon.  Salem  TowTie  to  ascer- 
tain whether  he  has  in  his  possessionacopy  of  thedeed  referred 
to  in  said  m^essage ;  and  if  so  to  prociu-e  his  deposition,  to  be 
taken  in  perpetual  remembrance  of  the  thmg,  ^\"ith  the  said 
copy  annexed  thereto,  if  he  shall  think  it  ad^'iseable,  and  to  ob- 
tain all  such  other  e\"idence,  respecting  tlie  existence  and  loss 
of  the  original  deed  aforesaid,  and  other  facts,  as  the  nature  of 
the  case  may  require,  and  to  cause  any  deposition  taken  in  pur- 
suance of  this  resolve,  to  be  preser\-ed  and  recorded  according 
to  hw,  and  the  account  of  the  expense  hereby  incurred,  he  is 
to  exliibit  to  the  committee  on  accounts  for  allowance. 

cxcv. 

Resolve  grajiting  Sylvanus  Lapham  one  dollar  per  day  above  his 
ordinary  pay  as  assistant  Messenger.     June  lOth,  1808. 

Resolved,  That  there  be  aIlo\\"ed  and  paid  out  of  the  publick 
TreasuT}-  of  this  Commonwealth,  to  Sylvanus  Lapham,  as. 
sistant  to  the  ^Messenger  of  die  General  Couit,  one  dollar  for 
each  and  ever}-  day's  service  during  the  present  session  over  and 
aboA'e  his  common  and  ordinaiy  allowance. 

CXCVI. 

Resolve  allowing  pa i/  to  the  Clerks  o^the  General  Court. 
June  lOth,   1808. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  publick 
Treasury  to  Nathaniel  Coffin,  Esq.  Clerk  of  the  Senate,  and  to 


189  RESOLVES,  June,  180i?. 

Nicholas  Tillinghast,  Esq.  Clerk  of  the  House  of  Representa^ 
tives,  one  hundred  and  fifty  dollars  each,  in  full,  for  their  ser- 
vices aforesaid,  the  present  session  ;  and  to  Samuel  F.  M* 
Cleary,  assistant  Clerk  of  the  Senate,  and  to  Thomas  Wallcut, 
one  hundred  dolhu-s  each,  in  full  for  their  respective  services  the 
present  session  of  the  General  Court. 

CXCVII. 

JResohe  allowing  pay  to  the  Committee  on  Accounts, 
June  lOthy  1808. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  publick 
Treasury,  to  the  Committee  appointed  to  examine  and  pass  on 
accounts  presented  against  the  Commonwealth,  for  their  attend- 
ance  on  that  service  during  the  present  session,  the  sums  an- 
nexed to  their  names  respectively,  in  addition  to  their  pay  as 
members  of  the  Legislature. 

Hon.  Thomas  Hale,  thirteen  days,  thirteen  dollars. 

Hon.  David  Peny,  thirteen  days,  tlurteen  dollars. 

Joseph  Titcomb,  thirteen  days,  thirteen  dollars. 

Silas  Holman,  twelve  days,  twelve  dollars. 

Nathan  Fisher,  six  days,  six  dollars. 

Which  sums  shall  be  in  full  for  their  sei-yices  aforesaid  re- 
spectively. 

CXCVHL 

Resolve  permitting  PerMns  Nichols  to  sell  Lottery  Tickets, 
June  IQthy  1808. 

On  the  petition  of  Perkins  Nichols,  shewing  that  the  General 
Assembly  of  the  State  of  Rhode  Island  and  Providence  Plan- 
tations, have  granted  to  him  a  Lottery-,  called  the  Rliode  Isknd 
Coal  Lottery,  to  raise  the  sum  of  ten  thousand  dollars  for  the 
purpose  of  exploring  and  working  any  beds  of  coal  which 
3might  be  found  within  said  State,  and  that  he  has  discovered  in 
Newport,  in  said  State,  a  very  valuable  Coal  Mine,  which 
will  be  of  great  advantage  to  the  citizens  of  this  Common- 
wealth, if  he  can  be  enabled  to  explore  the  same,  and  praying 
that  he  may  be  permitted  to  sell  Tickets  in  the  said  Lotter}\ 
and  to  draw  one  or  more  classes  of  said  Lottery  within  this 
Commonwealth  so  as  to  enable  him  to  raise  the  sum  of  five 
thousand  dollars. 

Resolved,  For  the  reasons  set  forth  in  said  petition,  that  the 
b'jud  Perkins  Nichols  have  leave  to  expose  for  sale  tickets  ia 


RESOLVES,  June,  1808.  190 

said  Lottery,  and  to  draw  one  or  more  classes  of  the  same  with- 
in tills  Commonwealth,  so  as  to  enable  him  to  raise  the  said 
sum  of  five  thousand  dollars. 

Provided^  The  said  Perkins  Nichols  shall  give  bonds  in  the  sum 
often  thousand  dollars  to  the  Treasurer  of  this  Commonwealth, 
conditioned  for  laying  out  said  sum  of  five  thousand  dollai's  in 
exploring  and  working  said  mine  :  Provided  further,  That  the 
managers  of  said  Lottery  shall  give  bonds  in  the  sum  of  ten 
thousand  dollars  to  the  Treasurer  of  this  Commonwealth,  con- 
ditioned for  making  sale  of  no  more  tickets  than  may  be  neces- 
sary for  raising  said  sum  of  five  thousand  dollars,  exclusive  of 
the  expenses  ;  and  for  rendering  an  account  to  the  General 
Court  of  this  Commonwealth  of  all  their  doings,  and  of  all 
charges  by  them  made  and  allowed,  by  the  seventh  day  of  June, 
in  the  year  of  our  Lord  one  thousand  eight  hundred  and  ten. 

CXCIX. 

Resolve  authorizing  the  Attorney  General  to  defend  the  estate  of 
Henry  IFoods,  deceased,  against  the  clairn  of  James  Ma?'tin. 
June  lOM,   1808. 

On  the  petition  of  Samson  Woods,  administrator  on  the  es- 
tate of  Henry  Woods,  late  of  Pepperel,  in  the  county  of  Mid- 
dlesex, Esq.  deceased,  praying  for  the  assistance  of  this  Com- 
monwealth in  defence  of  certain  suits  brought  by  James  Martin, 
to  recover  possession  of  certain  lands  in  Townshend,  in  said 
county,  which  were  conveyed  by  this  Commonwealth  to  the  said 
Henry  Woods  in  his  life  time.  Math  warranty. 

Resolved,  For  reasons  set  forth  in  said  petition,  that  the 
Attorney  General  of  this  Commonwealth  be,  and  he  hereby  is 
authorized  to  appear  on  behalf  of  said  Commonwealth,  in  the 
suits  now  depending  in  the  county  of  Middlesex,  brought  by 
the  said  James  Maitin,  against  Jonathan  Wyeth,  Abner  Adams, 
Joseph  Jackman,  Caleb  Taylor,  Levi  Sherwin,  Zimri  Sherwin, 
and  the  said  Samson  Woods  respectively,  for  the  recovery  of 
parts  of  said  lands,  conveyed  to  said  Henry  Woods  as  aforesaid, 
to  examine  into  the  title  of  the  said  James  Martin  to  the  said 
lands  ;  and  the  said  Attorney  General  is  hereby  further  author- 
ized and  required,  on  behalf  of  this  Commonwealth,  to  defend 
against  the  claim  of  said  Martin  in  said  suits  if  he  shall  think  it 
expedient,  and  not  otherwise,  and  to  substitute  any  other  per- 
son or  persons  to  do  and  transact  the  said  business  in  his  stead, 


191  RESOLVES,  June,  1808. 

or  any  matter  or  thing  tliereto  appertaining,  at  his  discretion. 
And  it  ii  further  resolved,  That  his  Excellency  the  Gover- 
nour,  by  and  with  the  advice  and  consent  of  the  Hon.  Council 
be,  and  he  hereby  is  authorized  and  requested  to  issue  his  war- 
rant on  the  Treasury  for  such  sum,  not  exceeding  two  hundred 
dollars,  as  the  said  Attorney  General  shall  apply  for,  to  defray  the 
necessary  expenses  of  any  of  the  services  hereby  required,  for 
which  sum  the  said  Attorney  General  is  to  be  accountable. 

CC. 

Resolve  authorizing  the. 4ttorney  General  to  defend  Lemuel  Pctts 
against  the  claim  of  James  Martin.     June  lOth^  1808. 

On  the  petition  of  Lemuel  Petts,  praying  for  the  assistance 
of  this  Commonwealth  in  defence  of  certain  suits  brought  by 
James  Martin,  to  recover  possession  of  certain  lands  inTo\\Tis- 
hend,  in  the  county  of  Middlesex,  which  were  conveyed  by  this 
Commonwealth  to  the  said  Petts,  with  warranty. 

Itcsolved,  For  reasons  set  forth  in  said  petition,  that  the  At- 
torney General  of  this  CommonA\ealth  be,  and  he  hereby  is  au- 
thorized to  appear  in  behalf  of  the  said  Commonwealth,  in  the 
suits  now  depending  in  the  county  of  Middlesex,  brought  by 
the  said  James  Martin  against  Joel  Buder,  Samuel  Jenkins,  and 
the  said  Lemuel  Petts  respectively,  for  the  recovery  of  parts  of 
said  lands,  conveyed  to  said  Petts  as  aforesaid,  to  examine  into 
the  title  of  the  said  James  Martin  to  the  same  lands  ;  and  the 
said  Attorney  General  is  hereby  further  authorized  and  requir- 
ed, on  behalf  of  this  Commonwealtli,  to  defend  against  the 
caims  of  said  Martin  in  said  suits,  if  he  shall  think  it  expedient 
and  not  otherwise,  and  to  substitute  any  other  person  or  per- 
sons to  do  and  transact  the  said  business  in  his  stead,  or  any 
matter  or  thing  thereto  appertaining,  at  his  discretion". 

And  it  is  further  resolved.  That  his  Excellency  the  Govemour, 
by  and  with  the  advice  and  consent  of  the  Hon.  Council  be,  and 
he  hereby  is  authorized  and  requested  to  issue  his  warrant  on 
the  Treasury  for  such  sum,  not  exceeding  sixty  dollars,  as  the 
said  Attorney  General  shall  aj^ply  for,  to  defra}-  the  necessary 
expense  of  any  of  the  ser\ices  hereby  required,  for  which  sura' 
the  said  Attorney  General  is  to  be  accountable. 


RESOLVES,  June,  1808.  19^ 

Resolve  for  granting  two  thousand  dollars  to  enlarge  the  work- 
shops at  the  Staters  Prison.     June  lOth,   1808. 

Resolved,  That  his  Excellency  the  Governour,  by  and  with 
the  consent  of  the  Counsel  be,  and  he  is  hereby  authorized  to 
draw  warrants  upon  the  Treasurer  of  this  Commonwealth,  in 
favour  of  the  Superintendent  of  the  State's  Prison,  for  such  sums 
and  at  such  periods  as  he  may  deem  expedient,  not  exceeding 
two  thousand  dollars,  to  enable  said  Superentendent  to  enlarge 
the  work  shop,  for  the  more  convenient  and  profitable  employ- 
ment of  the  prisoners,  conformably  to  a  report  of  a  committee 
of  the  Honourable  Counsel,  dated  June  9th,  1808 — the  said 
Superintendent  to  be  accountable  for  the  money  so  received. 

CC. 

Resolve  mithorizing  the  Secretary  a?ld  Treasurer  fd  lease  the 
Province  House  for  one  year.     June  10th,  18'08. 

Resolved,  That  the  Treasurer  and  Secretary  of  this  Com< 
monwealth  be,  and  they  are  hereby  authorized  and  directed  to 
lease  out  the  Province  House,  so  called,  and  its  dependences, 
from  the  first  day  of  July  next  to  the  first  day  of  July,  v/hich 
will  be  in  the  year  of  our  Lord  1809,  the  rent  to  be  paid  into 
the  Treasury  in  quarterly  payments. 

CCL 

Resolve  repealing  a  resolve  setting  aside  the  proceedings  of  a 
Court  Martial  in  the  trial  of  Col.  IFillington.  June  lOth,  1808. 

Whereas  a  resolve  of  the  General  Court  was  passed  the  elev- 
enth  of  March,  one  thousand  eight  hundred  and  eight,  whereb}- 
the  proceedings  of  a  Court  Martial,  holden  at  Cambridge,  on 
the  twentieth  of  April,  one  thousand  eight  hundred  and  three, 
for  the  trial  of  Jeduthan  Willington,  Lieutenant  Colonel  Com- 
mandant of  the  first  Regiment,  first  Brigade  and  third  Division 
of  the  Militia  of  this  Commonwealth  were  wholly  set  aside,  the 
effect  of  which  has  a  tendency  to  destroy  the  rank  of  certain 
officers  in  said  Brigade,  and  is  otherwise  injurious  to  the  honour 
of  the  Militia. 

Therefore  be  it  resolved,  That  the  aforesaid  resolve  of  the 

eleventh  of  March,    one  thousand  eight  hundred  and  eio-ht, 

whereby  were  set  aside  the  proceedings  of  a  Court  Mar?ial,' 

holden  at  Cambridge  on  the  twentieth  day  of  AdHI,  one  thou- 

Y  '  ^ 


193  RESOLVES,  June,  1803. 

sand  eight  Iiundred  and  three,  for  the  trial  of  Jeduthan  Willing- 
ton,  Lieutenant  Colonel  Commandant  of  the  first  Regiment, 
first  Brigade  and  third  Division  of  the  Militia  be,  and  the  same 
is  hereby  wholly  repealed:  Providf^d  -nevertheless.,  nothing  in 
this  resolve  shall  be  construed  to  deprive  said  Lieutenant  Colonel 
Jeduthan  Willington  of  any  rights  or  privileges  he  may  have 
acquired  in  virtue  of  the  same. 

CCIL 

Resolve  discharging  Thomas  Gardner  Uran  from  an  execution* 
June  10  fh,  1808." 

On  the  petition  of  Thomas  Gardner  Uran,  shewing  that  hc 
has  been  confined  in  the  gaol  in  the  county  of  Suftblk,  since  the 
ninth  day  of  April  last,  by  virtue  of  an  execution  in  favour  of 
tlie  Coriimonwealth,  amounting  to  thirty  dollars  debt,  and  four- 
teen dollars  and  sixteen  cents  costs  of  suits,  and  that  he  is 
wholly  unable  to  discharge  said  execution,  or  to  pay  the  ex- 
penses of  the  prison,  and  that  he  remains  in  confinement  sup- 
ported by  the  town  of  Boston  as  a  town  pauper. 

Resolved^  That  the  whole  of  the  aforesaid  sums,  amounting 
to  forty-four  dollai's  and  sixteen  cents,  due  by  virtue  of  said 
execution,  be  and  hereby  are  remitted  to  him  the  said  Thomas 
Gardner  Unm,  and  that  the  Sheriff  of  the  county  of  Suffolk  be, 
and  he  is  hereby  directed  to  discharge  said  Thomas  Gardner 
Uran  from  prison  ;  Provided  said  Thomas  Gardner  Uran  is  de- 
tained in  prison  by  virtue  of  said  execution  only^ 

CCIII. 

Resolve  granting  Jacob  Kiihn  three  hundred  and  fifty  dollars  in 
addition  to  his  salary.       June  lOth,   1808. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  publick 
Treasur}'^,  to  Jacob  Kuhn,  three  hundred  and  fifty  dollars  for 
the  present  year,  commencing  the  thirtieth  day  of  May  last, 
to  be  in  addition  to  the  sum  of  four  hundred  dollars,  allowed 
him  by  a  resolve  of  March  26th,  1793,  establisliing  the  pay  of 
the  Messenger  of  the  General  Couit. 

CCIV. 

Resolve  discharging  Rufus  Tarboxfroman  execution. 
June  10th,  1808. 

On  the  petition  of  Rufus  Tarbox,  Resolved,  For  the  icasons 
set  forth  in  said  petiuon,  stating  that  at  a  Court  of  Common 


RESOLVES,  June,  1808.  194 

Pleas,  holden  at  Biddcford,  in  the  county  of  York,  on  the  first 
Monday  of  Januar}',  1807,  an  indictment  was  found  against 
said  Tarbox  by  the  Grand  Jury,  for  erecting  a  wooden  fence 
across  a  certain  road  in  said  Biddeford;  that  said  Tarbox  after- 
wards, viz.  on  the  sixteenth  of  March,  1807,  appeared  before. 
Daniel  Granger,  Esq.  one  of  the  Justices  of  the  Peace  for  said 
county,  and  entered  into  recognizance  in  the  sum  of  forty  del 
lars,  for  his  personal  appearance  at  the  Court  of  Common  Pleas, 
for  said  county  of  York,  on  the  third  Monday  of  April  ; — that 
said  Tiu'box  has  removed  said  incumbrance : — That  upon  said 
petitioner  paying  all  costs  that  have  already  arisen  on  the  suits, 
which  have  been  commenced  on  said  recognizance,  or  on  the 
execution  which,  may  liaye  issued  on  the  judgment  recover- 
ed thereon,  he  shall  be  discharged  from  said  judgment  and  recog- 
nizance. 

ccv. 

Resolve  alioxving  the  Secretary  two  Imndred  dollars  to  pay  assist- 
ant Clerks.     June  lOtk,  1808. 

Resolvedy  That  there  be  allowed  and  paid  out  of  the  publick 
Treasury,  two  hundred  dollars,  unto  William  Tudor,  Esq. 
Secretary  of  this  Commonwealth,  for  pay  for  assistant  Clerks, 
employed  to  expedite  the  publick  business,  he  to  be  account- 
able for  the  same ;  and  that  his  Excellency  the  Governour  be 
requested,  by  and  with  the  ad\'ice  and  consent  of  the  Council, 
to  di*aw  his  warrant  on  the  Treasury  according]}'. 

CCVI. 

Resolve  alioxving  pay  to  the  Clerks  in  the  Secretary  and  Treasur- 
er's Office,     June  IQth,  1808. 

Resolved,  That  there  be  allowed  and  paid  out  of 'the  Treasu- 
ry of  this  Commonwealth,  to  the  first  Clerk  in  the  Secretary's 
Office,  three  dollars  and  eighty  four  cqits  per  day ;  and  to  the 
other  Clerks  in  said  Office,  three  dollars  per  day,  for  each  day 
they  may  be  employed  respectively,  from  the  first  djy  of  Jmie 
instant,  to  the  first  day  of  June  one  thousand  eight  hundred  and 
nine,  being  the  same  allowance  m?xlc  to  them  the  last  ycdr. 

A  fid  be  it  farther  resolved,  That  die  sum  of  three  dollai'sand 
eighty-four  cents  be  allovv^ed  and  paid  from  the  publick  Trea- 
sirry,  to  the  two  Glerks  in  the  Ti'easurer's  Office^  for  each  day 
they  may  respectively  be  employed  therein,  for  one  year,  coni- 
mcncing  the  fn^st  day  of  Jime  instant,  being  the  sum  allov.^ed 
them  the  last  vear, 


195  RESOLVES,  June,  1808. 

CCVII. 

Resolve  allowi?ig  Jacob  KiiJm  seven  lumdred  dollars  to  purchase 
fuel.     June  lOt/iy  1808. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Trea- 
sury of  this  Commonwealth,  to  Jacob  Kuhn,  Messenger  of  the 
General  Court,  the  sum  of  seven  hundred  dollars,  to  enable 
him  to  purchase  fuel  and  such  other  articles  as  may  be  neces- 
sary for  the  use  of  the  General  Court,  together  with  the  Gover- 
nour  and  Council,  Secretary's  and  Treasurer's  Offices,  he  to  be 
accountable  for  the  expenditure  of  the  same. 

CCVIII. 

Resolve  allowing  the  accounts  of  county  Ti'easurers,  and  granting 
county  taxes.     June  lOth,  1808. 

Whereas  the  Treasurei's  of  the  following  counties  ha\'e  laid 
their  accounts  before  the  Legislature  for  examination,  which 
accounts  have  been  examined  and  allowed.  And  whereas  th» 
Clerks  of  the  Courts  of  General  Sessions  of  the  Peace,  for  the 
said  counties,  have  exhibited  estimates,  made  by  the  said  Courts 
of  the  necessar}'^  charges  which  may  arise  within  the  said  several 
counties  for  the  year  ensuing,  and  of  the  sums  necessary  to  dis-- 
charge  the  debts  of  the  said  counties. 

Resolved,  That  the  sums  annexed  to  the  follo^^'ing  counties 
be,  and  the  same  are  hereby  granted  as  a  tax  for  each  county 
respectively,  to  be  apportioned,  assessed,  paid,  collected  and 
applied,  for  the  purposes  aforesaid,  according  to  law. 

Dolls. 

Essex,  ten  thousand  two  hundred  dollars,  10,200 

Middlesex,  six  thousand  seven  hundred  dollars,  6,700 

Plymouth,  one  thousand  live  hundred  dollars,  1,500 

Norfolk,  four  thousand  five  hunched  dollars,  4,500 

Lincoln,  four  thousand  five  hundred  dollars,  4,500 

Kennebeck,  eight  thoustmd  dollars,  8000 

Oxford,  one  thousand  seven  hundred  fifty  dollars,  1,750 

Provided  however,  and  it  is  further  resolved.  That  of  the  eight 
thousand  dollars,  which  is  hereby  granted  and  ordered  to  be 
raised  in  the  county  of  Kennebeck  for  the  present  year,  and 
v.hich  sum  is  to  include  the  extra  expenses  of  building  a  ne^v 
f^-aol,  five  thousand  dollars  only  shall  be  immediately  assessed 
upon  the  said  county,  and  the  remaining  sum  of  three  thousand 
dollars  shall  not;,  be  assessed  until  the  rei\r  1809. 


RESOLVES,  June,  1808.  196 

CCIX. 

Resolve  grantmg  Edward  St.  Loe  Lwermore  and  others,  three    • 
years  to  settle  township  No.  2.     June  lOth,  1808. 

,   On  the  petition  of  Edwarcl  St.  Loe  Livermore,  William  King 
Atkinson  and  Oliver  Crosby. 

Resolved,  For  reasons  set  forth  in  said  petition,  that  a  further 
time  of  three  years,  from  the  tenth  day  ot  June  instant  be,  and 
the  same  is  hereby  allowed  to  said  petitioners,  their  heirs  and 
assigns,  to  settle  township  No.  2,  in  the  sixth  range  of  town- 
ships north  of  the  Waldo  Patent,  in  the  county  of  Hancock, 
and  if  the  said  Edward  St.  Loe  Livermore,  William  K.  At- 
kinson and  Oliver  Crosby,  their  heh's  and  assigns  shall,  on  or 
before  the  tenth  day  of  June,  in  the  year  of  our  Lord  one' thou- 
sand eight  hundred  and  eleven,  procure  and  settle  upon  said 
tOMaiship  the  full  number  of  settlers  required  by  the  condition 
of  the  grant  of  the  Commonwealth  to  the  original  grantees,  that 
the  estate  of  said  petitioners,  their  heirs  and  assigns,  shall  be  as 
valid  and  effectual  as  if  said  township  had  been  settled  in  the 
time  limited  by  said  grant. 


./^ 


197  RESOLVES,  Tune,  1808= 

Roll  No.  59.     June,  1808. 

THE  Gommittee  on  accounts  having  examined  the  several 
accounts,  they  now  present, 

REPORT,  That  there  are  due  to  the  corporations  and  per- 
sons hereafter  mentioned,  the  sums  set  to  their  names  respect- 
ively, \vhich,  when  allowed  and  paid,  will  be  in  full  discharge 
of  the  said  accounts  to  the  several  dates  therein  mentioned. 

THOMAS  HALE,  pfr  order. 

Pauper  Accounts.  D.     C. 

Amcsbury,for  supporting  Jonathan  Sidewell  to  the  time 

of  his  death,  and  doctors'  bills  and  funeral  charges,       72  87 

Adams,  for  boarding,  clothing,  nursing  and  doctor- 
ing Freeman  Blakely,  Susanna  Camp  and  Ann 
Wallin  to  22d  May,  1808,  118  15 

Arundell,  for  boarding,  nursing  and  doctoring  John 

CampbeU  to  5th  February,  1808,  182  50 

Bridgewatcr,  for  boarding  and  clothing  William 
Blakely,  Frederick  Bigner  and  Henry  Ash,  to  3d 
June,  1808,  including  Doctor  Dunbai-'s  bill,  67  69 

Bradford,  for  supporting  and  doctoring  Ira  Percival 

and  Joshua  L.  Alsars,  to  1st  June,  1808,  '108 

Brookfield,  for  boai'ding  George  Baslington  to  2ist 
May,  1808,  ^^  30 

Bristol,  for  boarding  and  clothing  William  How,  to 
28th  May,  1808,  74 

Belchertown,    for    boarding,    clothing   and    nursing 

Amos  Ames  and  wife  to" 20th  May,  1808,  62  14 

Barre,  for  boarding  and  clothing  John  C.  Dtmdrich 

to  19th  May,  1808,'  26  58 

Boston,  for  boarding  and  clotliing  sundiy  paupers  to 

1st  June,  1308  6601  61 

Barnstable,  for  boarding  and  doctoring  Ebenezer  Put- 
nam to  the  time  of  his  leaving  the  State,  55  38 
Conway,  for  boarding  and  doctoring  John  Allen  to  the 

time  of  his  death  and  funeral  charges,  30  36 

Chester,  lor  boarding  and  doctoring  Daniel  Smith  to 

the  time  of  his  death,  and  funeral  charges,  31 

Cape  Elizabeth,  for  boarding,  clothing  and  musing 

•     James  Ramsbottom,  George  Jchays  and  Abraliam 

Birks  to  22d  May,  1808,  85 

Charlton,  for  boarding  luid  nursing  Thomas  Adams  to 

1  he  time  of  his  death  and  funeral  charges,  27  46 


RESOLVES,  June,  1808.  198 

Carlisle,  for  supporting  Robert  Barber  to  28th  May, 

1808,     .  25  20 

Cheshire,  for  boarding,  clothing  and  doctoring  Eph- 
raim  Richardson  and  Clarissa  Newcomb  and  child 
to  23d  May,  1808,  113  07 

Chelmsford,  for  supporting  Catharine  M'Clcnncy  to 

27th  May,  1808,  42  83 

Dvartmouth,  for  boarding  and  clothing  John  Quanna- 

ville  to  21st  May,  1808,  103 

Dresden,  for  supporting  John  Collins  to  1st  Januarj?-, 

1808,  80  20 

Danvers,  for  boarding  and  clothing  Jane  Duckedy, 
Ruth  Parsons,  John  Kirby  and  Mingo,  a  black  man, 
to  6th  June,  1808,  _  77  48 

Deblois  George,  keeper  of  the  Alms  House  in  Bos- 
ton, to  1st  June,  1808,  ^  462  9? 

East  Hampton,  for  boarding  and  medicine  to  John 

Hall,  to  18th  May,  1808,  31   18 

Florida,  for  supporting  the  children  of  Amos  Eld- 
ridge  to  23d  May,  1808,  71  46 

Falmouth,  in  the  county  of  Barnstable,  for  boarding, 
clothing  and  doctoring  Benjamin  Irvine  to  the  time 
ef  his  death,  and  Edward  Edwards  to  19th  May, 
1808,  '         ,20  16 

Gorham,  for  supporting  Robert  Gillfilling  to  30th  May, 

.     1808,  '         27       " 

Granby,  for  boai'ding,  clothing  and  doctoring  Ebenr. 

Danin  and  John  Murry,  to  23d  May,  1808,  49  97 

Granville,  for  supplies  to  Archibald  SteXvart  to  May 

16th,  1808,  7  80 

Greenwich,  for  supplies  to  Eliza  Harrington  and  fam- 
ily, to  21st  May,  180S,  and  to  Dr.  Stone's  account,       32  59 

Gloucester,  for  boarding,  clothing,  nursing  and  doc- 
toring sundiy  paupers  to  -lOrh  May,  1808,  909  76 

Hodgkins  Joseph,  keeper  of  the  House  of  Correction 
in  Ipswich,  for  boarding,  clothing  and  doctoring 
Adilaide,  a  black  woman,  Mary,  a  black  woman, 
Huldah  Hicks  and  John  Squins,  to  1st  June,  1808, 
and  William  Kelly  to  the  time  of  his  death,  and 
funeral  charges,  and  allowance  made  by  the  Court 
of  Sessions  to  4th  April,  1808,  390  16 

Haverhill,  for  boarding,  clothing  and  doctoring  Philip 

Slew  to  the  time  of  his  death,  and  funeral  charges,         59  75 


1^^  RESOLVES,  June,  1808. 

Hamilton,  forhoardinc;,  clothing  and  doctoring  Molly 

Macriefto  5th  ApriX  1808,  73  23 

Hartshorn  Oliver,  keeper  of  the  gaol  in  Boston,  for 

supportingsundr}^  poor  debtors  to  19th  April,  1808,     295  54 

Leicester,  fc;r  boarding,  clothing  and  doctoring  Lydia 

Dunham  to  19th  April,  1808,  56  90 

Leyden,  for  boarding,  clothing  and  doctoring  Samuel 
Lamphircs  wife ;  Jedidiah  Fuller  and  family,  and 
Eliza  Waggoner,  to  21st  May,  1808,  59  26 

Lancsborough,  for  boarding  and  clothing  Dent  Har- 
rison and  Jerusha  Welsh  to  1st  June,   1808,  93  74 

Lenox,  for  supporting  Abrani  Palmer  and  child, Chest- 
er Briggs,  Sophia  Hawley  and  Polly  Huston,  and 
Dr's.  bills  to  26th  May,   1808,  86  05 

Lexington,  for  boarding,  mu'sing  and  doctoring  to 
the  time  of  his  death,  John  D.  Clifford,  including 
funeral  charges,  71  25 

Montague,  for  supporting  and  doctoring  Joshua  Searl 

to  10th  May,  1808,  35  68 

Mendon,  for  l3oarding,  nursing  and  doctoring  Robert 

Allison  to  the  time  of  his  death,  37 

!Marblehead,  for  boarding,  clothing  and  doctoring  sun- 
dry paupers  to  5th  June,  1808,  248  66 

New  Bedford,  for  supporting  sundry  paupers  to  20th 

May,  1808,  ^  100  22 

Newbury,  for  boarding,  clothing  and  doctoring  sun- 
dry paupers  to  1st  Jime,   1808,  '  673   11 

Newburyport,  for  boarding,  clothing  and   doctoring  * 

sundr)'  paupers  to  1st  June,  1808,  1222  47 

New  Gloucester,  for  expense  of  removing  Benjamin 

Fowler  out  of  the  State,  17  22 

New  Salem,  for  boarding  and  clothing  twq  children  of 

Olive  Bedient  to  5th  April,   1808,  53  20 

Portland,  for  boarding,  clothiu;;  and  doctoring  sun- 
dry paupers  to  23d  May,   1808,  735  ^^0 

Rutland,  for  boarding,  clothing  and  doctoring  Willi- 
am Henderson,  to  19th  May,   1S08,  30  51 

Readfield,  for  supporting  and  doctoring  Colin  Cam- 
eron to  1st  June,   1808,  ^  19  60 

Russell,  for  supplies  and  doctoring  to  John  Newton 

and  tamily  to  19th  May,  1808,  37  46 

Swansea,  for  boarding  and  clothing  Thomfis  Conally 

to  21st  May,  ISOS^  '  '21  65 


RESOLVES,  June,  ISOS.  200 

South  Brimfield,  for  boarding,  clothing  and  doctoring 
Charles  Hazard  and  John  Swane} ,  to  the  time  of 
their  death,  and  funeral  charges,  10^  52 

Sturbridge,  for  Doctor  Corry's  bill  for  attendance  and 

medicine  for  Jonas  Banton,  to  4th  January,  1808,  5  50 

Sandwich,  for  boarding,  nursing  and  doctoring  Levi- 
na  Richeson  and  child,  to  25diFebrucuy,  IbOS,  in- 
cluding funeral  expenses  for  the  child, '  19  68 

Sherburne,  for  supporting  Benjamin  Haughtoi?.  to  29th 
Januarjr,  1808,  50 

St.  George,  for  boarding  and  clothing  Robert  Haws, 
William  Benson  and  EUenor  Mathew,  to  3d  June 

1^.^S'  ■  54  70 

Tyrrmgham,    for  boarding,    nursing  and   doctorinn- 
^Theodore  Murphet  to  4th  January,  1808,  ^        18  30 

Vinalhaven,  for  boarding  and  clothing  William  Proc- 
tor to  2d  April,  1808,  gy  qq 

Vassalborough,  for  boarding,  clothing  and  doctoring; 

James  Lester  to  23d  May,  1808,  91   18 

Washington,  for  boarding  and  clothing  Phebe  Clark 

to  4th  May,  1808,  20  20 

Windsor,  for  boarding  and  clothing  Henry  Smith  and 

wife  to  20th  May,  1808,  35  29 

Worcester,  for  boarding,  nursing  and  doctoring  Peter 
Willard,  John  Melvin  and  wife,  Henry  Bratz  and 
Samuel  Cook,  and  supplies  to  James  Campbell  to 
1st  June,  1808,  123   15 

Warwick,  for  clothing,  boai'ding  and  doctoring  Samuel 

Griffith  to  1st  June,  1808,  51  48 

Westfield,  for  boarding,  nursing  and  doctoring  John 
Peckham  till  he  left  the  State,  27  68 

West  Springfield,  for  boarding,  clothing  and  doctor- 
ing William  Bell  and  Sarah  Felt's  child,  to  22d 
'     May,  1808,  30  y^ 

Williamstown,  for  boarding,  clothing  and  doctoring 
Rachel  Galusha,  Stephen  Blew,  Charles  M'Cartei^ 
Robert  Morrill  and  Moses  Fowler  to  17th  M^- 
1808,  •  ^ ' 

Wrentham,  for  supporting  and  doctoring  Elizabeth 

lay  lor  and  daughter  to  1st  May,  1808,  48  15 

Woburn,  for  supporting  widow  Dorothv  Liiiham  and 
children  to  6th,  June  1808,  '  50 

Z 


155  90 


201  RESOLVES,  June,  180&. 

York,  for  boarding  and  clothing  Edward  Perkins  aiid 
wife,  Nicholas  Tuttle,  Mary  Crocker,  Sarah  Aver)', 
Edward  Voiidy  and  Amos  Caswell  to  1st  June, 
JL808,  .  151  80 


Total  Paupers  8  15,162  61 

Military  Accounts, 
Courts  Martial  and  Courts  of  Inquiry. 

Child  Thomas,  for  expense  of  Court  Martial,  held  at 
Portland,  August,  1806,  whereof  was  President 
Thomas  Chute,  88  65 

Child  Thomas,  for  expense  of  Court  Martial,  held  at 
at  Portland,  April,  1808,  whereof  was  President 
Charles  Thomas,  101  8$ 

Haggeus  Benjamin,  for  expense  of  Court  Martial, 
held  at  Sanford,  1st  February,  1808,  whereof  was 
President  John  Mitchell,  '  114  71 

Hubbard  Dudley,  Judge  Advocate,  for  his  services 
on  the  trials  of  Captain  John  Hanson  and  Captain 
E.  Elder,  April  1803,  and  Lieutenant  I.  M.  Ingra- 
ham,  in  August,  1S06,  72  78 

Brigade  Majors  and  Aids-de-Camp. 

Brown  C.  Henry,  to  1st  May,  1803, 
Hight  William,' to  16th  May,  lHOb\ 
Hammatt  William,  to  25th  April,  1808, 
Prince  John,  Jun.  to  1st  June,  lr08, 
Smith  Erastus,  to  20th  May,  1808, 

Adjutants. 

Allen  Elislia,  for  his  services  to  20th  April,  1808, 
Brooks  Aaron,  to  3d  March,  1803, 
Blake  George,  to  15th  April,  1S08, 
Chafice  Jonathan,  to  8th  Mai'ch,  1808, 
Child  Thomas,  to  1st  May,  1807, 
Haggeus  Benjamin,  to  1st  February,  1808, 
Hide  Ebenezcr,  to  10th  May,  1803, 
Pilsbury  William,  to  28th  January,  180S, 
Partridge  Samuel,  to  4th  Mav,  1803, 


5 

48 

12 

IS 

3 

34 

33 

50 

7 

5 

9 

5 

6 

1029 

12 

RESOLVES,  June,  1808.  202 

Serjeant  John,  to  5th  September,  1807, 
Waters  Asa,  to  3d  February,  1808, 
Wheeler  Asa,  to  12th  November,  1808, 
Woodman  Ephraim,  to  1st  April,  1808, 

Expense  for  Horsc-s  to  haul  Artillery. 

Blasland  William,  to  22d  January,  1807, 
Dillingham  Cornelius,  to  13th  October,  1807, 
PuUen  Jonathan,  to  20th  May,  1808, 
Smith  Albert,  to  1st  May,  1808, 
Thayer  W.  Enoch,  to  1st  June,  1808, 

Total  Military, 

Sheriffs'  Accounts  and  Coroners, 

Barrett  Joseph,  for  dieting  and  nursing  Henry  Farwell, 

a  convict,  to  25tli  May,  1808,  29 

Dimmick  Joseph,  for  returning  votes  for  Governour, 

Lieut.  Governour  and  Senators  for  1807,  6  40 

Lawrence  Jeremiah,  for  returning  votes  for  Gover- 
nour, Lieut.  Governour  and  Senators  to  May  18th, 
1808,  10  SO 

Mattoon  Ebenezer,  for  returning  votes  for  Go\^ernour, 
Lieutenant  Governour  and  Senators  to  1st  June, 
1808,  7  20 

Wyman  Isaiah,  for  expense  of  taking  Inquisition  on 

the  body  of  a  person  unknown,  13  10 

JFoIsom  W.  John,  for  taking  Inquisition  on  the  bodies 

of  Anderson  Phillips  and  Felix  M'Cauly,  foreigners,       48  80 


115  30 


Printers''  Accounts. 


Adams  and  Rhoades,  finding  paper  and  Sprinting  for 

the  Government  to  the  10th  June,  1808,  4,190  87 

Babson  and  Rust,  for  publishing  Acts  and  R(^solves 

to  June,  1807,  16  67 

Cushing  C.  Thomas,  for  publishing  Acts  and  Resolves 

to  June,  1808,  16  67 

Dennio  John,  for  publishing  Acts  and  Resolves  to  June, 

1808,  16  67 

Udes  Peter,  for  publishing  Acts  and  Resolves  to  1st 

June,  1808,  16  67 


203  RESOLVES,  June,  1808. 

Thomas  Isaiah,  Jun.  for  publishing  Acts  and  Resolves 
^tolMay,  1808,  33  33 

Young  and  Minns  for  publishing  Acts  and  Resohes 

to  June  1808,  33  33 

Pool  and  Palfrey  for  publishing  Acts  and  Resohes  to 

1st  June,  1808,  16  67 


Total  Printers,  4340  83 

Miscellaneous. 

Durant   William,    for   cleaning  and  repairing  State 

House  windows  to  10th  May,  1808,  '  41  7a 

Guaixlians  of  Dudley  Indians,  due  them  in  full  to  21st 
May,  1808,  which  sum  the  Treasurer  is  directed 
to  charge  said  Indians  with,  and  to  be  deducted 
from  the  sum  due  them  from  the  Common^^•ealth,        89  44 

Hastings  Jonathan,  for  postage  of  letters,  &.c.  for  the 
Go^eniour,  Secretary,  Treasurer  and  Adjutant 
General  to  1st  May,  1808,  99  77 

Hill  Aai'on,  for  postage  of  letters  and  packages  for 

Government  to  8th  June,  1808,  17  36 

Kuhn  Jacob,  for  so  much  due  him  over  and  above  a 
grant  of  S  800  passed  20th  June,  1807,  and  five 
dollars  received  of  the  District  Court  for  fuel,  374  44 

Loring  Josiali,  for  stationaiy  for  Adjutant  General's 

OMce  to  18th  May,  1808,  19  00 

Larkin  E.  and  I.  for  stationary  for  Treasurer's  Office 

to  10th  May,  1808,  .  26  75 

Lapham  Sylvanus,  for  assisting  Messenger  to  the  Gen- 
eral Court  to  10th  June,  1808,  38  00 

Pen y  John,  for  assisiting  the  Messenger  of  the  Gen- 
eral Court  to  lOLh  Juiie,  1808,  32  00 

Skinner  J.  Thompson,  for  Moses  B.  Foster's  account 
for  copperplate  and  printing  State  Notes,  and  oil 
for  the  Lamj)s  at  State  House,  102  73 

Titcomb  Enoch,  Harris  Thomas,  and  Welles  John, 
for  examining  and  adjusting  the  accounts  of  the 
Treasu.rer  of  tlie  Commonwealth  to  June,  1807,  70  00 

Vose  and  Coates  for  Table  and  Chairs  for  the  Coun- 
cil Ch:.mter,  345  72 


Total  jNIiscellaneous,  1257  01 


15,162 

61 

1029 

12 

115 

30 

4340 

88 

1257 

01 

RESOLVES,  June,  1803.  204 

Aggregate  of  Roll,  No.  59,  June,   1"0S. 

Expense  of  State  Paupers, 
Do.  Militia, 

.  Do.  Sherifls  and  Coroners, 

Do.  Printers, 

Do.  Miscellaneous, 

Total,         21,904  92 

In  Senate,  June  10th,   1808. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  publick 
Treasury  to  the  several  Corporations  and  persons  mentioned  in 
this  Roll,  the  sums  set  against  such  Corporation's  and  person's 
names  respectively,  amounting  in  the  whole  to  twenty-one 
thousand  nine  hundred  and  four  dollars  and  ninety-two  cents  ; 
the  same  being  in  full  discharge  of  the  accounts  and  demands 
to  which  they  refer. 

Sent  down  for  concurrence.  H.  G.  OTIS,  President. 

In  the  House  of  Representatives,  June  Vdtli,  If  O':.  Read 
and  concurred.  TIMOTHY  BIGELOW,   Speaker. 

BY     THE     GOVERNOUR APPROVED. 

JAMES  SULLIVAN, 

June  lOtlu  1808, 


INDEX  TO  RESOLVES, 

OF  JUNE,  1808. 


A 


Page. 


Ames  Betty,  Judge  of  Probate  for  Plymouth,  authoriz- 
ed to  grant  a  letter  of  administration  on  estate  of  Eli- 
jah Ames  175 
Attorney  General,  directed  respecting  Indian  deed  lost        188 
^— « ,  to  defend  estate  of  H.  Woods,  de- 
ceased, vs.  J.  Martin  190 
-,  to  defend  Lemuel  Petts,  vs.  James 


Martin  191 

B 

Blen  Harrison,  administrator  on  the  estate  of  Francis 

Blen,  authorized  to  execute  a  deed  176 

Buckland,  Town  Clerk,  excused  from  fine  181 
Brookfield  and  Western,  Grenadier  Company  may  be 

raised  *  184 

C 
Council's  and  General  Court's  pay  fixed  17S 
Cogswell  Stephen,  discharged  from  a  recognizance,  178 
Codman  Stephen,  William  Southgate  authorized  to  con- 
vey land  to  Union  Bank  181 
Coates  John,  and  others,  allowed  further  time  to  settle 

No.  3  185 

Clerks  of  General  Court,  gi"ant  to  188 

Committee  on  Accounts,  pay  allowed  to  189 

■ Roll  No.  59  197 

Clerks  in  Secretary's  and  Treasurer's  Office,  pay  fixed  194 

F 

Fish  Stephen,  Sarah  Boltwood  authorized  to  give  a  deed  177 

Field  Alexander,  authorized  to  sell  estate  of  his  ward  184 

G 

Governour's  Speech,  152 

,  Answer  by  the  Senate,  170 

,  Answer  by  the  House  164 

Governour  Lieutenant,  salary  186 

H 

Harrington  Daniel,  discharged  from  a  recognizance  175 
Hichbom  Benjamin,  and  others,  members  of  this  State 

in  Congress,  to  propose  a  compromise  of  tlieir  claim  182 


r 


INDEX. 

I 

Inspectors  Brigade,  accounts  not  to  be  allowed  unless  183 
Indians  Penobscot,  Attorney  General  directed  rcspect- 

inq;  deed  lost     ^  '  188 

K 
Kneeland  John,  Esq.  Rcpresentiitive  from  Andover,  to 

be  paid  &  96  174 
Kuhn  Jacob,  grant  in  addition  to  his  salary  193 
,  grant  for  fuel,  8cc.  195 

Laws  of  Congress  to  be  distributed  185 
Lawrence  David,  notice  of  executorship  made  legal  187 
Liipham  Sylvanus,  grant  to  188 
Livermore  St.  Loe  Edward,  granted  further  time  to  set- 
tle No.  2  196 

M 

Mayhew  Ruth,  State's  claim  to  land  relinquished  180 

N 
Notaries  Publick,  for  choosing  additional  174  179 

Nichols  Perkins,  ])ermitted  to  sell  Lottery  Tickets  189 

P 

Pomroy  James,  pension  granted  and  mistake  corrected  174 

Parsons  Esther,  to  convey  land  to  Joel  Burt  177 

Parsonsfield,  Records  confirmed  180 

Petts  Lemuel,  Attorney  General  to  defend,  vs.  J.  Martin  191 

ProA  ince  House,  Secretary  and  Treasurer  to  lease  19£J 

Prison  State,  appropriation  to  enlarge  work  shops  192 

Rand  Asa  and  others,  to  be  discharged  from  recognizance  186 

S 
Soldiers  old,  Resolves  respecting  gratuity  revi\ed  179 
Secretary,  salary  186 
1,  o-rant  for  assistant  Clerks  194 

'    O  rp 

Tufts  John,  Governour  authorized  to  raise  a  Company 

of  Grenadiers  184 

Treasurer,  salary  '  ^  186 

Tarbox  Rufus,  discharged  from  an  execution  193 

Treasurers  county,  accounts  allowed  and  taxes  granted  195 

U 

Union  Bank,  William.  Southgate  to  convey  land  to  181 

Uran  Gardner  Thomas,  discharged  from  an  execution  193 

W 
Woods  Henry,  deceased,  Attorney  General  to  defendestate  of  1 90 
Willington  Colonel,  Resolve  setting  aside  proceedings  of 

a  Court  INIartial,  repealed  192 


CIVIL  LIST 

OF    THE 
LEGISLATIVE    AND    EXECUTIVE    BRANCHES    OP    THE    GOVERNJWENT 

OF    THE 

COMMONWEATH  OF  MASSACHUSETTS, 
For  the  political  year  1808-9. 

HIS  EXCELLENCY 

JAMES  SULLIVAN,  Esq-  Governour, 

AND  HIS  HONOUR 

LEVI  LINCOLN,  Esq-  Lt.  Governour. 

COUNCIL. 


Hon.  David  Cobb, 

Edward  H.  Robbins, 
George  Cabot, 
Artemas  Ward, 
Benjamin  Pickman,  jun. 


Hon.  Prentiss  Mellen, 
Oliver  Fiske, 
E]:!hraim  Spooner, 
Thomas  Dwisrht. 


SENATE. 
Hon.  Harrison  G.  Otis,  Eso.  President. 
Suffolk — Hon.  Harrison  G.  Otis,  William  Spooner,  John  PhlU 
lips,  Peter  C.  Brooks,  James  Lloyd,  jun. 

^^^^x— Hon.  Enoch  Titcomb,  John  Heard,  John  Phillips, 
Nathaniel  Thurston,  William  Gray,  Samuel  Putnam. 

Middlesex—Hon.  Aaron  Hill,  Samuel  Dana,  Amos  Bond, 
J.  L.  Tuttle. 

Hmnpshire—nm.  Ezra  Starkweather,  Hugh  :M'Lellan,  Eli  P. 
Ashmun,   S.  Lathrop. 

Bristol— Ron.  Nathaniel  Morton,  jun.  David  Perry, 

Plymouth — Hon.  Nathan  Willis,  Seth  Sprague. 

Barnstable — Hon.  Joseph  Dimmiek. 

Dukes  County  and  Nantucket — H^on.  Gorham  G.  Hussey. 

f Worcester— lion.  ^'dXtmTown,  Elijah Brigham,  Thomas  Hale, 
Jonas  Kendell. 

Berkshire-^llon.  Timothy  CI;ilds,  Azariah  Egleston. 
Norfolk — Hon.  John  Howe,  Ebenezer  Fisher. 
York — Hon.  John  Woodman,  Joseph  Leland. 
Cumumberland—llon.  Lothrop  Lewis,  Ammi  R,  Mitchell. 

Lincoln,   Hancock,   and  Washington- Hon   William   King-, 

Theodore  Lincoln. 
Kennchesk'^Yi.on,  Bai'zillai  Gannet. 


HOUSE  OF  REPRESENTATIVES. 


Hon.  Timothy  Bigelow,  Speaker. 


Boston^ 


SUFFOLK. 

Christopher  Gore, 
William  Smith, 
James  Robinson, 
William  Brown, 
Jonathan  Hunnewell, 
John  Welles, 
William  Phillips, 
Stephen  Codman, 
Benjamin  Russell, 
Daniel  Sargent, 
Thomas  \V.  Sumner, 
John  CiiUcnder, 
B^iijamin  Goddard, 
Benjamin  Whitman, 
John  T.  Apthorji, 
Thomas  Daiiforth, 
Charles  Davis, 
William  Hammatt, 
Jonathan  Chapman, 
Thomas  Dennie, 
Benjamin  Bussey, 
John  Parker, 
Joseph  Head, 
Ebenezer  T.Andrews, 
Ignatius  Sargent, 
Stephen  Higginson,  jr. 
Isaac  P.  Davis, 


Nathan  B.  Martin, 

Phillip  Besom, 

John  Bailey, 

Asa  Hooper, 

Joshua  Prentiss,  jun. 
Lynn  and  Lynnjield^  Jos.  Fuller, 

IViiccijah  Newhall, 

Aaron  Breed. 
DanverSj  S;-:muel  Page, 

Nathan  Felton, 

Squire  Shove. 
Beverly,  Israel  Thorndike, 

Thomas  Davis, 

Abner  Chapman, 

Thomas  Stephens. 
TVenJiam,  Samuel  Blanchard. 
Manchester,  Henry  Story. 
Hamilton,  Robert  Dodge. 
Gloucester,  Benja.  K.  Hough, 

Thomas  Parsons, 

John  Somes,  jun. 

Benjamin  Webber, 

James  Tappan. 
Ipswich,  Nathaniel  Wade, 

Jonathan  Cogswell,  juu^ 

John  Farley. 
Bowley,    Moody  Spafford, 

Thomas  Gage. 


Joseph  Coolidge,  jun.  Kewhury,  Josiah  Little, 


Charles  Jackson, 
Francis  D.  Channing, 
William  H.  Sumner, 
Chelsea^   Nathaniel  Hall, 

ESSEX. 

Salem^      John  Hathome, 

William  Cleavelaiid, 
John  Southwick, 
Joshua  Ward, 
Joseph  Story, 
Joseph  Winn, 
Joseph  Sprague,jun. 
Benj.  Crowninshicldjr. 

Marhkheadj    John  Prince, 


Silas  Little, 
John  Ossjood, 
Richard  Pike. 

Newhuryport,  Mark  Fitz, 

Thomas  M.  Clark, 
Andrew  Frothingham, 
Jonathan  Gage, 
Stephen  Howard, 
John  Pearson, 
Abner  Wood, 
John  Peabody. 

Bradford,  Sr.muel  Webster, 
Thomas  Savory. 

Boxford^  Thomas  Perley. 


Medjord, 

Maiden^ 

Newtoiiy 


Andover,  Thomas  Kittrcdge. 
Topsfield^  Nathaniel  Hammond. 
Salisbury^  Jonathan  Morrill. 
Ameshury^  Benjamin  lAirvcy. 
Haverhill^  James  Smiley. 
Methueriy   Benjamin  Osgood. 

MIDDLESEX. 

Charlestoivn^  Thomas  Harris, 
Mathew  Bridge, 
David  Goodwin, 
Peter  Tufcs,  jun. 
Elijah  Mead. 

Cambridge^  John  Mellen, 

Samuel  P.  P.  Fav. 

JFest-  Cambridge,  S.  Butteriield. 

Brighton.,  Stephen  Dana. 

Timothy  Bigelow. 
Jonathan  Oaks. 
Timothy  Jackson, 
Samuel  Murdock. 

Watertown,  Tliomas  Clark. 

Waltham,  Abner  Sanderson. 

Weston,     Isaac  Fisk. 

Lincoln^  Samuel  Hoar. 

Lexington,  Nathan  Chandler. 

Sudbury,  William  Hunt. 

Mast  Sudbury,  Jacob  Reeves. 

HoUiston,  Jesse  Haven. 

Hopklnton,  Walter  M'Farland. 

Framhigham,  John  Fisk. 

Marlborough,  Jedediah  Brigham, 

Ephraini  Barber. 

Sfozv  and~)  x;,  y     •    tst-i  •.        i 
T,     J      ,  >  i'.phramiWmtcomb, 

Concord,  Joseph  Cliandler, 

Jonrji  Lee. 
Woburn,  Bill  R-issel. 
Reading,  Timothy  Wakefield, 

Daniel  Flint. 
Billerica,  Joseph  Locke. 
Chelmsford,  \Viiliam  Adams, 

Ichabod  Gibson. 
Carlisle,  Ephraim  Robbins. 
West  ford,  Thomas  Fletcher,  jr. 
Acton,      Jonas  Brooks. 
Littleton,  Simon  Hartwell. 
Grotojij  Joseph  Moors, 


Draciit,  Daniel  Varnum. 

^'^"^^f^^^^f  ?Matt.  Scribnen 
1  yngsborougn,  3 

Shirley,  Nathaniel  Ilolden. 

Pepperell,  Joseph  Heald. 

Toxonscnd,  Abncr  Adams. 

HAMPSHIRE. 

f^hr  "if     \  So'-  Stoddai-djr. 
hast  Hampton,  5 

Thaddeus  Clap, 

Isaac  C.  Bates, 

William  Edwards. 
Southampton,  Lemuel  Pomroy. 
Westhampton,  Sylvester  Judd. 
Westfield,  Ashbel  Eager, 

Jedediah  Taylor. 
West  Springfield,  Jon.  Smith,  jr. 

Jere  Stebbins, 

Charles  Ball, 

Jesse  M'Intire. 
Soiithwick,  Enos  Foot. 
Granville,  Israel  Parsons, 

John  Phelps. 
Blandford,  Joseph  Bull. 
Norwich,  Aaron  H:ill. 
CJiester,  Sylvester  Emmons. 
Chesterfield,  Benjamin  Parsons. 
Middlefeld,  Uriah  Church. 
Worthington,  Jonathan  Brewster. 
Williamsbiirgh,  John  Wells. 
Hatfield,     Isaac  Maltby. 
JVhately,  Phineas  Frary, 
Deerfiekl,  Eiihu  Hoyt, 

Ebenezer  H.  Williams. 
Conway,  John  Banni.'iter. 
Goshen,  Samuel  Whitm^an. 
Ashfield,  Ephraim  Williams, 

Elijah  Paine. 
Flail  field,  John  Cunningham. 
Cwuitifyton,  Peter  Bryant. 
Greenjieldand  Gill,  Isaac  Newton, 

James  Gould. 

Bcrnardston  ?  tt      xt  ,    • 

^'  Uydtn,  ^Hcz.NewconA,jr. 

Stephen  Webster. 
Colrain,    David  Smiih, 

Jonathan  JM'Gce. 


Shclhurn,  Julia  Kellogg, 

Bucldaml^  Enos  Pomroy. 

Ilmvlei/y  Edmund  Longley. 

Charlemont,  Abel  Wilder, 

Heathy  Roger  Leavitt. 

Jiowe^  John  Wells. 

Springfield,  Jacob  Bliss, 

Jonathan  Dvvight,  jun, 
Moses  Chapin. 

Longmeadow,   Ethan  Ely. 

Monson,  Abner  Brown. 

JSrimfieid,  Stephen  P}nchon, 
Jonas  Blodget. 

jMdloiOy  Gad  Lyon. 

Palmer,  Aaron  Merrick. 

JVare,     William  Bo^^xloI^. 

Greefiwich,  Reuben  Colton. 

£elchert07vn,  Eleazer  Clark, 
Eliakim  Phelps, 
Joseph  Bridgman,  jr. 

Pelham,  John  Conke}-. 

Granhy,  David  Smith. 

Amherst,  Zebina  Montague, 

wSamuel  F.  Dickinson, 

Hadleyy  Charles  Phelps. 

^fj'f    X  Ru^des  Woodbridge. 

Sunderland,    Daniel  Whitmore. 
Montague,  Medad  Montague. 
Wendell,  Joshua  Green. 
Shutesbunj,  Peter  Lamb. 
Nexv  Salem ^  Varney  Pearce, 

Samuel  C.  Allen. 
Northfield,  Elzckiel  Webster. 

fFanvick  and  ?  j^siah  Cobb, 
Urange,         3 

l^benezer  Williams. 

PLYMOUTH. 

Plymouth,  Nathaniel  Goodwin. 
Kingston,  Jolm  Faunce. 
Duxburi/,  Ezekiel  Soule. 
Marshfield,  John  Thomas. 
Pembroke,  Isaac  B.  Barker, 

Bailey  Hall. 
Pridgexvater,  William  Baylies. 
Middlehorough,  John  Tinkham, 

Levi  Pierce, 


Samuel  Pickins, 

Jacob  Cushman. 
Pochester,  Gideon  Barstow,  jr. 
Plimpton,  Elijah  Bisbe. 
Halifax,  Nathaniel  Morton. 
Abi7igton,  Samuel  Niles. 
Hanover,  John  B.  Barstow, 
Scituate,  Charles  Turner,  jun. 

Enoch  CoUamore. 
Hingham,  Hawkes  Fearing, 

Jonathan  Cusliing. 

BRISTOL. 

Taunton,  John  W.  Seabury. 

HigJiton,  John  Hadiaway. 

Rehoboth,  Elkanali  French,  jun. 

Sxvanzey,  Daniel  Hale, 

Somerset,  William  Reed. 

Attleborough,  Joel  Reed. 

Mansfield,  Solomon  Pratt, 

Norton,  Laban  Wheaton. 

Eastoivn,  John  Tisdale. 

RaynJiam,  Israel  A\^ashbuiTi, 

Berkley,  Apollos  Tobey. 

Freetown,  William  Rounsevell, 
Ebenezer  Pierce. 

Nexv-Bedford,  Alden  Spooner, 
Setli  Spooner, 
Samuel  PeiT}% 
Charles  Russel. 

Dartmouth,  Joel  Packiu-d. 

IVestport,  Abner  Brownell, 
Sylvester  Brownell. 

Troy,       Abraham  Bowen. 

BARNSTABLE. 

Barnstable,  Richard  Lewis, 
Jabcz  Howland, 
Joseph  Blish,  jun. 

Sandwich,  John  Freeman, 

Benjamin  Percival. 

Falmouth,  Braddock  Dimmick, 
James  Hinkley. 

Yarmouth,  John  Eldridge, 
James  Crowell. 

Dennis,  Judah  Paddock. 

Harwich,  Ebenezer  Weekes. 

Br  cluster,  Isaac  Clark. 

Chatham,  Reuben  Rjder. 


Orleam,  Jonathan  Bascom. 
Easfhmn,  Samuel  Freeman. 
Wdlficet,  Josiah  Whitman. 

NANTUCKET. 

Nantucket^  Micajah  Coffin, 
Walter  Folger,  jim. 
Uriah  Svvaine. 

WORCESTEF. 

Worcester^  Edward  Bangs, 
Ephraim  Mower, 
Nathan  White. 

Leicester^  Nathaniel  P.  Denny. 

Spencer^  Benjamin  Driiry. 

Brookjiddy  DNvight  Foster, 
Oliver  Crosby, 
Isaac  Nickols, 
Rufiis  Hamilton. 

Stiirhndge,  Zenas  L.  Leonard. 

Charlton^  John  Spurr, 

James  Wolcott. 

Dudley^  Aai'on  Tufts. 

Douglasy  Benjamin  Craggin. 

U'xhrklfye,  Peter  Farnim. 

Mendon^  Joseph  AcIuITxS. 

Milford,  Samuel  Jones. 

Uptoiiy  Ezra  Wood. 

Grafton^  Joseph  Wood. 

Sutton^  Jonas  Sibley, 
Josiah  Stiies. 

Oxford^  Abijah  Davis. 

Shrewsbury,  Vashni  Hemenway. 

JFestbourough,  Nathan  Fisher. 

Southhorough,  Jeroboam  Parker. 

Northhorough,  James  Ke}'s. 

Boylston,  James  Longley. 

West  Boykton,  Ezra  Beaman. 

Lancaster,  Eli  Stearns, 
Jonas  Lane. 

Hm-vard,  Jonatlian  Symonds. 

Bolton  andBcrJiii^  Silas  Holman, 
Levi  Meriam. 

Sterling,  Israel  Allen, 

Bartholomew  Brown. 

Ilolden,  William  Drury. 

Butland,  Zadock  Gates. 

Paxton.  Nathaniel  Crocker. 

Qakhaniy  Jeptha  Ripley. 


New  Brainfree,  Jos.  Bowman,  jr. 
Hardxick,  Timothy  Page. 
Barre,    Elijah  Cakhvell. 
Fetcrsham,  Nathaniel  Chandler. 
Princeton,  William  Dodds. 
Leominster,  A'^ijah  Bigelow. 
Ltinenhurgh,  li.d mund  Cushing. 
Westminster,  Jonas  Whitiley, 

Abel  Wood. 
Winchendon,  William  Whitney. 
JRoyuhton,  Lsaac  Gregory. 
Templeton,  I>.ovel  Walker. 
Atliol,  Samuel  Young. 
Gerry,  Ithamar  W^ard. 

BERKSHIRE. 

Sheffield h^ Mount\L  Hubljard, 

Washington.      3  ^5.    SiK^ars. 

A''exv  Maiihorouffh,  Z.  Wheeler. 

Sandisneld  ^  ?  t  1      tj*  i    *- 
c    ^!  ^  11     >John  Picket. 

Tyringham,  Joseph  Wilson.. 

Great  Barrington,  Thomas  Ives, 
David  Wainwright. 

Egremont,  James  Baldwin. 

Jlford,  Elijah  Fitch. 

Stockbridge,  Elijah  Brown. 

West  Stockhruhe,  F.  Wilson. 

Jjces,  Josiali  Yale. 

Becket,  George  Conant. 

iFashin^tou,  Gideon  Demins;. 

Lenox,  Amasa  Gleason. 

JRichmond,  Hugo  Burghardt. 

Pitisjicld,  Joshua  Danforth, 
John  Churchill, 
Joseph  Shearer. 

Hinsdale,  Thomas  Allen. 

Peru,  Smith  Phillips. 

Lariesboroi(i>ki-i  o     u-  i\n     1 
CO  All-    1    <^-  H.  Wheeler. 
&^  Asnford,  3 

Cheshire,  Daniel  Brown. 

Adams,  Eli^iha  Wells. 

Wdliamstoxvn,  W^iiliam  Towner, 

W^illiam  Youns;. 

Savoy,      Snellen!  Babbit. 

NORPOLK. 

Roxbiiry,  Joseph  Heath, 
William  Bre^".  er. 


Elisha  Whitney, 
Ralph  Smith. 

Dorchester,  Perez  Morton, 
Ezekiel  Yohiirji, 
Phineas  liolden. 

Broakline^  Stepiicn  Siiarp. 

DedliarUy  John  Endicct, 

rjaniiicl  H.  Dean, 
Jonathan  Richards. 

J\ee(lhnm,  James  Smith. 

Dover,    ^  ^^S- P^ympton. 

Medxvai/,  Abner  IMorse. 
BeU'mgham,  Jolm  Bates. 
Franklhi,  Jciieph  Bacon. 
JFrenthaii,  Samuel  Day. 
IFalpole,  Asa  Kingsbury. 
Sharon,  John  Drake. 
iStoughton,  Lemuel  Gay. 
Canton,  Benjarun  Tucker. 
Milton,  -  David  Tucker. 
Qu'incy,  Thomas  Greenleaf. 
llandolph,  Thoiaas  French. 
JVeymouth,  Christopher  Wjbb. 
Colwisset,  Thomas  Lothrop. 

YGRI-:. 

York,        Alexander  1/rintire, 
Elihu  Bragdon. 

Kittery,    Mark  Adams, 
Alexander  R.ice, 
Samuel  Leighton. 

TFelLs,       Joseph  Storer, 
Joseph  Moody, 
Nahum  Morrill, 
John  U.  Parsons. 

Arundel,  Thomas  Perkins. 

JBiddeford,  Ichabod  FairHeld. 

Benvick,  Richard  F.  Cutts, 
Joseph  Prime, 
William  Hobbs, 
Micajah  Currier. 

Lebanon,  David  Legro. 

Lyman,    Jehu  Low. 

Phdlipshurgh,  Abijali  Usher. 

SImpleigh,  Jeremiah  Emery,  • 
John  Bodwell,  jun. 

Pcrsonsfceld,  David  MiU'ston. 


Buxton,   William  Merrill. 
Sacoy        William  ?.1oody, 
Benjamin  Pike. 

CUMBERLAND. 

Portland,  Joseph  Titcomb, 
George  Erudbuiy, 
Matthew  Cobb, 
Josej^h  H.  Ingraham, 
William  Jenks, 
Isaac  Adams. 

Falmouth,  James  i  leans, 
George  isley, 
John  Jones, 
Isr.Lc  Stevens. 

Cape  Elizabeth,  Joshua  Webb. 

Scarborough,  George  Kight. 
Benjamin  Larrabee. 

Gorham,  David  Harding,  jun. 

Standish,  Edmund  Mussey. 

fFindha/u,  Joijiah  Chute. 

Gray,       Joseph  M'Lellan. 

North  Yarmouth,  David  Prince, 
Jacob  Mitchell, 
Ehsha  P.  Cutler. 

Freeport,  John  Cushing. 

Bnnmvick,  Robert  D.  Duning. 

Harpsivell,  Samuel  Eunirg. 

N.  Gloucester,  Jos.  E.  Foxcroft, 
Nathan  Weston,  jun. 

Poland,    Sanuiel  Andrews. 

Otisfieid,  Benjamin  Patch. 

LIX COLX. 

JFiscasset,  Divid  Pa}son, 

Abiel  Wood,  jun. 
r/oolwich,  John  Stinson. 
Dresden,  John  Johnson. 
A^exv  Milford,  Mo:5es  Carleton, 
Boothbay,  Dimicl  Rose. 
Bristol,     Simon  Elliot,  jun. 

James  Drummond. 
Koblehorough,  David  Dennis. 
JFaldoborough,  Joseph  Ludwig, 

John  Head. 
St.  George,  Hczekiah  Piince. 
Thomastoxvn,  Moses  Wheaton, 

Joshua  Adams. 
,  JFarren,  S;imuel  Thatcher, 


Camden^  Joshua  Dilllnj^ham. 
Georgetown,  Mark  L.  Hiil, 

William  Lee. 
Jjathy        Samuel  Davis, 

William  V/ebb. 
Topsham,  Henry  Wilson. 
Litchfield,  John  Neal. 
Lewistown,  Joel  Thompson. 

HANCOCK. 

Biickstown,  Stephen  Peabody. 
Ornngton,  Francis  Carr. 
Vinalhaven.  William  Vinal. 
Belfast,     Jonathan  Willson. 
Prospect,  Henry  Black. 
Frankfort,  Alexander  Milliken. 
Hampdeti,  Seth  Kempton. 
Bangor,  James  Thomas. 

KENNEBECK. 

Augusta,  Samuel  Howard. 
Hallow  ell,  Nathaniel  Dummer, 

Samuel  Moody. 
Gardiner,  Samuel  Jewett. 
Monmouth,  Simon  Dearborn,  jr. 
Greene,    John  Dagget. 
Leeds,     Daniel  Lothrop,  jun. 


Wmthrop,  Samuel  Wood. 

Reedficld,  Samuel  Currier. 
Mount  Vernon,  John  Hovey. 
Beh^rade,  Moses  Can*. 
Waterville,  Elnathan  Sherwin. 
Fairfeld,  Obed  Paddock. 
A'cw  Sharon,  Prince  Baker. 
Vassalborough,  Philip  Leach. 
Winslow,  Kleazer  W.  Ripley. 
Fairfax,  Joseph  Cammet. 
Clhton,  Andrew  Richardson. 
Canaan,  Bryce  M'Lellan. 
Ndrridgewock,  John  Ware. 
Farmington,  Samuel  Butterfield. 

OXFORD. 

Paris,       Elias  Stowell. 
Buckfeld,  Enoch  Hall. 
Turner,    John  Turner, 
Livermore,  Simeon  Waters. 
Waterford,  Hannibal  Hamlin, 
Bethel,     Elias  Chapman. 
Jay,  James  Starr,  jun. 

WASHINGTON". 

Machias,  John  Dickenson, 


/ 


RESOLVES, 

Of  the  General  Court  of  Massachusetts^ 

MASSED  AT  THE  SESSION    BEGAN  AND  HELD,    AT  BOSTON,    ON 
THE  NINTH  OF  NOVEMBER, 

fJV   THE    YE  AM    OF    OUR  LORD,    0^'E    THOUfiAJ^'D   EIGHT  HUJ\'DRED 

AJ\'D  EIGHT. 

GOVERNOUR's  MESSAGE. 


NOVEMBER    10. 

About  4,  O'c/ockj  P.  M.  the  Secretary  communicated  respectively  to 
the  Senate  and  House  the  following 

MESSAGE  ; 

GENTLEMEN   OF   THE   SENATE,    AND 

GENTLEMEN    OF    THE    HOUSE    OF   REPRESENTATIVES, 

JL  HE  Secretary  of  the  Commonwealth  has,  by  your  di- 
rection, informed  me,  that  a  quorum  of  the  Senate  and  House  of 
Kepresentatives  have  assembled,  and  are  ready  to  proceed  to  the 
publick  business  of  the  Commonwealth  pursuant  to  the  design  of 
their  adjournment.  I  congratulate  the  people  of  the  State  upon 
the  assembling  in  health  and  safety  of  so  many  of  their  Represen- 
tatives. It  ^vould  have  given  me  inexpressible  pleasure,  if,  when 
I  had  met  you,  I  could  haye  offered  my  congratulations  on  a  hap- 
py situation  of  our  foreign  relations  ;  but  as  that  cannot  be,  in 
our  present  state,  it  is  therefore  not  my  duty  to  concern  with  them, 
and  I  shall  therefore  leave  the  subject  to  the  Representatives  of 
the  people  in  the  national  government. 

CENTLEMEN    OF    THE   SENATE,    AND 

GENTLEMEN    OP   THE    HOUSE   OF    REPRESENTATIVES, 

The  adjournment  which  took  place  on  the  11th  day  of  June  last, 
was  made  from  that  day  to  this  at  your  request,  for  the  special 
purpose  of  choosh)g  Electors  of  President  and  Vice-President,  as 
A  a  well 


20G  GOVERNOUR's  MESSAGE. 

well  as  for  transacting  any  other  business  which  might  become 
necessary  at  this  time.  From  this  mode  of  expression  it  has  been 
conceived  by  many  that  the  Senate  and  House  intended  to  pro- 
ceed in  convention  to  the  choice  of  Electors  themselves,  in  their 
Legislative  capacity,  as  appears  by  the  Resolutions  of  the  inhab- 
itants of  many  towns  in  the  Commonwealth  ;  with  all,  or  the  great- 
est part  of  which,  you  are,  no  doubt,  already  acquainted.  I  think 
it  my  duty  to  suggest  to  you,  tiiat  a  choice  by  the  people  at  large 
or  in  Districts  might  have  a  tendency  to  obviate  those  objections, 
which,  otherwise  may  leave  the  State  involved  in  uneasiness  and 
contention  ;  and  from  my  acquaintance  with  the  lociil  situation  of 
the  Commonwealth,  I  think  the  time  now  remaining,  if  candidly 
and  properly  improved,  will  be  sufficient  for  that  purpose.  I 
therefore  request  your  attention  to  a  question  of  so  much  impor- 
tance to  the  harmony  of  the  Government  ;  and  I  shall  make  every 
exertion  in  my  power  to  efiect  an  object  so  desirable. 

GENTLEMEN, 

The  state  of  the  Treasury  with  some  unfortunate  circumstances, 
>vhich  have  lately  appeared  to  attach  themselves  to  it,  shall  be  com- 
municated to  you  by  special  message,  and  explained  by  special 
documents.  Other  documents  concerning  the  Government,  shall 
be  laid  before  you,  as  occasion  shall  offer  ;  and  my  attention  shall 
be  devoted  to  render  the  session  agreeable  to  your  Constituents, 
und  pleasant  to  yourselves. 

November  9.  JAMES  SULLIVAN. 


ANSWER  OF  THE  HOUSE,  207 

ANSWER 

OF  THE  HOUSE  OF  REPRESENTAnVES. 

MAY   IT  PLEASE  YOUR   EXCELLENCY. 

JL  HE  House  of  Representatives  reciprocate  the  senti- 
ments and  feelings  of  your  Excellency  at  the  assembling  of  so 
many  of  the  members  of  the  Legislature  in  health  and  safety. — 
But  this  pleasure  is  mingled  with  our  sincere  regret,  that  the  in- 
disposition of  your  Excellency  prevents  the  usual  and  interesting 
Convention  of  the  Legislative  and  Executive  Departments  of  the 
Government,  and  a  personal  communication  from  your  Excellency 
on  our  national  concerns,  in  which  we  all  feel  a  common  interest. 

We  regret  that  we  cannot  at  this  time  indulge  in  mutual  con- 
gratulations on  the  happy  situation  of  our  foreign  relations  and  do- 
mestick  concerns.  But,  from  whatever  source  our  evils  originate, 
we  feel  assured  that  the  hopes  and  pursuits  of  a  just,  enlightened 
and  brave  people,  will  never  be  disappointed  ;  and  we  trust  that 
our  national  and  personal  rights  may  yet  be  rescued,  and  secured 
from  all  assaults  and  intrigues,  by  a  recurrence  to  an  impartial  and 
independent  system  of  policy,  awiseuse  ofourpublickmeans  and 
especially  by  the  immediate  establishment  of  an  effective  Navy 
and  the  natural  direction  of  our  national  energies. 

As  we  consider  a  strict  observance  of  the  limits  of  the  various 
powers  gi'anted  or  secured  to  the  Governments  of  the  United 
States  and  of  the  .several  States,  indispensably  necessary  to  our 
national  happiness  and  peace  we  readily  relinquish  the  administra- 
tion of  the  concerns  of  the  Union,  and  especially  of  our  Foreign 
Relations,  to  the  Federal  Government.  With  this  disposition  wc, 
at  the  same  time,  feel  it  equally  our  duty  to  guard  with  vigilance 
and  preserve  inviolate  the  principle  essential  to  the  independence 
and  sovereignty  of  the  individual  States,  that  all  powers  not  dele- 
gated to  the  United  States,  by  the  Federal  Constitution,  nor  pro- 
hibited by  it  to  the  States,  are  reserved  to  the  States  respective]}-, 
or  to  the  People. 

As  the  Legislature  has  convened  at  this  time  rather  for  the  spe- 
cial purpose  of  choosing  Electors  of  President  and  Vice-President 
of  the  United  States,  than  transacting  the  ordinary  business  of  le- 
gislation, the  chief  and  important  object  of  the  session  \vill  receive, 
as  it  demands,  our  most  serious  attention. — We  are  sensible  q\ 
the  magnitude  of  the  trust  committed  to  us  by  the  Federal  Con  - 


208  ANSWER  OF  THE  HOUSE. 

stitution,^  in  its  assignment  to  the  Legislature  of  the  State  the  ex- 
clusive right  and  power  of  directing  the  mode  of  appointing  Elec- 
tors. With  the  regard  due  to  the  suggestions  of  your  Excellency, 
and  a  just  sense  of  our  own  responsibility,  we  shall  endeavor  to 
discharge  this  duty  in  such  a  manner  as  will  accord  with  the  opin- 
ions  and  wishes  of  our  constituents  and  promote  the  peace  and 
happiness  of  our  common  country. 

It  is  a  source  of  deep  regret  that  any  unfortunate  circumstances 
should  have  attached  themselves  to  the  Treasury  of  the  Common- 
wealth. As  taxes  are  laid,  and  levied  by  the  assent  of  the  People 
for  the  necessary  support  and  defence  of  the  Commonwealth,  and 
for  the  preservation  and  protection  of  its  inhabitants,  a  mismanage- 
ment of  our  fiscal  affairs,  and  the  unconstitutional  application  of 
the  publick  money  to  other  than  the  publick  use,  affect  us  with  the 
most  serious  concern. — They  tend  at  once  to  disturb  the  tran- 
quillity of  every  citizen,  and  to  put  in  jeopardy  all  our  priA-ate 
rights  and  national  blessings.  It  however  affords  much  satisfac- 
tion that  every  thing  which  patriotism  could  prompt  or  duty  war- 
rant has  been  done  to  secure  us  against  the  various  injuries  \vhich 
might  have  resulted  from  the  unfortunate  circumstance  to  which 
your  Excellency  alludes. — Our  particular  attention  will  be  direct- 
ed to  the  communications  of  your  Excellency  on  this  subject. 

In  the  transaction  of  any  publick  business  Avhich  may  be  our 
joint  and  common  charge,  with  our  endeavours  to  promote  the 
welflire  of  our  constituents,  we  shall  study  to  make  as  easy  and 
light  as  possible  the  v/ei,?hty  cares  of  your  important  ofHce. 

We  cannot  conclude  without  expressions  of  our  personal  res, 
pect  for  your  Excellency,  and  an  assurance  of  our  sincere  -wishes 
for  the  continuance  of  your  life  to  your  friends  and  countr^^ 


ANSWER  OF  THE  SENATE.  209 


MAV   IT   PLEASE   YOUR   EXCELLENCY, 

1  HE  Senate  acknowledge  with  gratitude  the  DiA'hic  good- 
ness which  has  permitted  them  to  convene  in  healtli  and  safety,  aiid 
proceed  to  perform  the  important  duties  now  devolved  upon  tliem. 
They  rejoice  that  the  health  of  your  P^xcellency  has  been  continu- 
ed, so  that  you  are  enabled  to  aid  in  conducting  the  concerns  of  the 
Commonwealth,  and  they  earnestly  beseech  the  Author  and  Pre- 
server of  all  beings  that  your  life  may  be  prolonged,  and  th.at  your 
feliow  citizens  may  derive  great  benefit  from  your  administration. 

We  view  with  deep  regret  the  unhappy  situation  of  our  Ibrcigii 
relations.  Having  during  the  last  session,  expressed  our  stntiments 
on  the  measures  of  tlie  National  Government  affecting  those  rela- 
tions, we  indulge  the  hope  that  the  Ilepresentatives  of  the  people  in 
Congress  will  immediately  devise  and  adopt  measures  to  relieve 
their  constituents  from  existing  embarrassments. 

In  prescribing  the  mode  of  appointing  Electors  of  President  and 
Vice-President  of  the  United  States,  the  Senate  have  been  influ- 
enced by  a  most  sincere  regard  for  the  great  interests  of  Massachu- 
setts. While  adopting  a  course  of  executing  this  high  trust,  here- 
tofore used  in  this  Commonwealth,  and  at  the  present  moment 
practised  by  many  sister  States,  they  feel  much  satisfaction  in  the 
confident  belief  that  they  shall  have  the  support  and  approbation  of 
the  great  body  of  their  constituents. 

The  deficiency  in  the  Treasury,  arising  from  an  unjustifiable  and 
unprecedented  abuse  of  the  confidence  necessaril}^  reposed  in  the 
late  Treasurer,  has  excited  unusual  uneasiness  and  alarm  among 
the  citizens  of  this  Commonwealth.  Such  events  are  to  be  deplor^ 
ed,  not  merely  as  means  by  which  the  coffers  of  the  State  may 
have  been  robbed  of  their  contents  by  a  sworn  publick  agent,  but 
as  an  example  of  corruption  by  which  the  rapacity  of  ambitious  and 
unprincipled  demagogues  may  be  hereafter  excited.  We  shall  di- 
rect our  early  and  diligent  attention  to  such  documents  relating  to 
this  subject,  as  )^ou  may  deem  it  expedient  to  lay  before  us. 

As  our  assembling  at  this  time  was  more  especially  for  the  pur- 
pose of  appointing  Electors  of  President  and  Vice-President  of  the 
United  States,  it  was  our  expectation  that  the  present  session  would 
be  limited  to  a  few  days.  Such  other  communications  as  your 
Excellency  shall  think  proper  to  make,  we  shall  receive  wdth  res- 
pect, and  cordially  co-operate  in  accomplishing  any  business  neces- 
sar)'  to  be  transacted  at  tins  time  to  promote  the  happiness  and  wel- 
liirc  of  oi>r  constituents. 


RESOLVES. 


ccx. 

Resolve  for  repealing  a  Resolve  of  March  2d,  last,  instructing  the 
Senators  and  Representatives  in  Co7tgress  to  procure  an  amend' 
ment  to  the  Constitution  of  the  United  States.     Nov.  14,  1808. 

W  HERE  AS,  it  is  essential  to  the  administration  of  Justice^ 
and  to  a  preservation  of  the  principles  of  the  Constitution  of  the 
United  States,  that  the  Judges  of  the  Court  of  the  United  States, 
be,  and  remain  independent,  according  to  the  provisions  of  said 
Constitution. 

Therefore  be  it  Resolved,  That  the  said  resolve  passed  on  the  said 
second  day  of  March  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  eight,  entitled  a  resolve  instructing  the  Senators  and 
Representatives  of  this  State  in  Congress,  to  endeavour  to  procure 
an  amendment  to  the  Constitution  of  the  United  States,  be,  and  here- 
by is  repealed,  and  the  instruction  therein  contained  is  revoked  and 
annulled. 

And  be  it  further  resolved.  That  tlie  Governour  be,  and  he  is 
hereby  requested  to  transmit  a  copy  of  this  Resolution  to  each  of 
the  Senators  and  Representatives  from  this  Commonwealtli  in  the 
Congress  of  the  United  States,  and  also,  to  the  Governour  of  the 
State  of  Vermont,  to  be  laid  before  the  General  assembly  of  that 
State, 

CCX  I. 

Resolve  directing  the  Treasurer  of  the  Commoinvealth  to  take  meas- 
ures to  recover  a  debt  due  from  Oliver  Phelps,  Esq.  J\ov.  15, 
1808. 

The  Committee  of  both  Houses  to  whom  was  referred  the  Treas- 
urer's communication  respecting  a  demand  the  Commonwealth  has 
against  Oliver  Phelps,  Esq.  having  attended  that  business — ask 
leave  to  report  the  following  Resolve,  which  is  submitted. 

ENOCH  TITCOMB,  per  order. 


212  RESOLVES,  Nov.  17,  1808. 

Resolved^  That  the  Treasurer  of  the  Commonwealth  be,  and 

hereby  is  directed  to  take  such  further  measures  for  the  recovery 

au(^.  payment  of  a  debt   due  to  the   Commonwealth  from  Oliver 

P   :;lps,  Esq.  either  b}^  taking  a  substitute  of  one  kind  of  security 

-  anodier,  or  in  any  other  way  he  shall  judge  will  be  most  for  the 

N.ty  arid  interest  of  the  Commonwealth,  in  expediting  the  pay- 
-^it  of  said  debt. 

~^  CCXII. 

olve  granting  Barnabas  B'ldxvell,  Esq.  Attorney  General^   Three 
hundred  dollars  in  addition  to  his  salary.     A'ov.  16,  1808 

Resolved,  That  tlicre  be  allowed  and  paid  out  of  thfe  publick 
treasury  to  B:irnabas  Bidwell,  Esq.  Attorney  General,  Three  hun- 
dred dollars,  in  addition  to  his  salar}^,  to  the  first  day  of  March,  1808. 

ccxm. 

Resolve  granting  Jacob  XiJin,  Two  hundred  dollars,  to  Comply  with 
orders.     Nov.  17,  1808. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  publick 
Treasury  to  Jacob  Kuhn,  Messenger  of  the  General  Court,  Two 
hundred  dollars,  to  enable  him  to  comply  with  the  several  orders 
which  \\A\c  been  passed  during  this  session  of  the  Legislature,  he 
to  be  accountable  for  the  same. 

CCXIV. 

Resolve  on  the  petition  of  Mary  Young.     Kov.  17,  1808. 

On  the  petition  of  Mary  Young,  widow  of  James  Young,  jun. 
late  of  Bristol,  in  the  county  of  Lincoln  deceased. 

Whereas,  the  s^dd  James  Young,  during  his  life,  viz  :  On  the  fif- 
teenth day  of  November,  A.  D.  1805,  by  his  written  agreement  ot 
that  da*:e,  agreed  with  James  Hardy  and  John  Farr,  both  then  of 
Lewistown,  in  said  coimty,  yeomen,  to  sell  and  convey  to  them  the 
following  described  tracts  of  land  in  the  town  of  Strong,  in  die  coun- 
ty of  Kennebeck,  viz  : 

One  tract,  '*■  bting  lots  number  three  and  number  four,  upon 
range  number  four,  being  one  hundred  rods  wide  each,  and  three 
hundred  and  twenty  rods  long,  to  contain  four  hundred  acres  more 
or  less."  The  other  tract,  "  being  lot  number  one,  upon  range  num- 
ber four,  being  one  hundred  rods  wide,  and  three  hundred  and 


RESOLVES,  Nov.  17,  1808.  ^13 

twenty  rods  long,  to  contain  two  hundred  acres  more  or  less,"  all 
of  which  lands  the  said  Young  was  to  convey  to  said  Hardy  and 
Tarr  by  deed  of  warranty  on  payment  and  security  of  the  sum  of 
Eighteen  hundred  dollars,  as  expressed  in  their  said  agreement. 

And  whereas  the  said  Young  died  without  conveying  and  exe- 
cuting the  deeds  of  the  said  lands,  and  it  would  be  for  the  benefit 
of  the  family  of  the  said  Young,  that  the  deeds  of  conveyance 
should  be  executed  and  completed. 

Resolved,  That  the  said  Mary  Young  be,  and  she  is  hereby  "au- 
thorized to  execute  and  acknowledge  to  the  said  James  Hardy  and 
John  Tarr,  deeds  of  warranty,  of  the  several  lots  of  land  aforesaid, 
in  as  full  and  ample  a  manner  as  could  have  been  done  by  the  said 
James  Young,  jun.  in  his  life  time ;  and  the  said  Deeds,  so  execut- 
ed and  acknowledged,  may  be  delivered  by  the  said  Mary  Young, 
and  shall  be  as  valid  and  effectual  in  law,  as  if  executed  by  the  said 
James  Young,  jun. 

ccxv. 

Resolve  granti7ig  pay  to  the  Clerks  of  the  ttvo  Houses.     J\o7\  17, 

1808. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  publick 
Treasury,  One  hundred  and  fifteen  dollars  to  Nathaniel  Coffin,  fLsq. 
Clerk  of  the  Senate,  and  the  like  sum  to  Nicholas  Tillinghast,  Esq. 
Clerk  of  the  House  of  Representatives,  and  Fifty  dollars  to  Samuel 
E.  M'Cleary,  assistant  Clerk  of  the  Senate  in  full  for  their  services 
for  the  present  session, 

CCXVI. 

Resolve  granting  the  Attorney  General,  one  hundred  aiid  ttuenty  dol- 
lars.    November  17,   1808. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  publick  Treas- 
ury to  Barnabas  Bidwell,  esq.  Attorney  General  One  hundred  and 
twenty  dollars  in  full  for  his  services  and  expences,  including  as- 
sistance, in  defending  a  certain  suit  brought  by  James  IVlartin 
against  Winslow  Parker  in  the  Circuit  Court  of  the  United  States, 
in  this  District,  for  the  recovery  of  lands,  which  the  said  Parker 
claims  and  holds  by  a  warranty  deed  from  this  Commonwealth, 
and  which  suit  has  been  terminated  in  favor  of  said  defendant,  the 
said  services  having  been  performed  in  obedience  to  a  resolve  of 
the  Legislature  of  the  twenty  fourth  dav  of  Februry  A.  D.  18C8- 
BU 


214  RESOLVES,  Nov.  17,  1808. 

CCXVII. 

Resolve  on  the  petition  of  Thomas  Eiistis,  and  others.  Aor.  17, 1808. 

On  the  petition  of  Thomas  Eustis  and  others,  living  in  Holmans- 
town  plar.tation,  in  the  county  of  Oxford,  prajing  that  their  State 
taxes  for  the  years  1804,  1805,  180G,  1807,  and  1808,  may  be 
abated,  amounting  to  fifty  six  dollars  and  sixty  five  cents,  for  tlie 
collection  of  which,  there  are  now  in  the  hands  of  the  Sheriff  of 
said  county,  executions  for  the  four  first  years. 

Resolved^  for  reasons  set  forth  in  said  petition,  that  the  prayer  of 
said  ]3etitioners  be  so  far  granted,  tliat  said  taxes  be,  and  hereby 
are  abated ;  provided  said  petitioners  cause  the  amount  of  siiid  tax- 
es, in  addition  to  their  usual  annual  expense  for  roads,  to  be  ex- 
pended upon  the  roads  in  said  plantation,  within  one  year  from  the 
passing  this  resolve,  and  that  the  service  of  said  executions  be  stay- 
ed clliring  said  year ;  also,  that  the  execution  for  die  fifth  year,  be 
stayed  wath  the  Treasurer  for  the  same  term ;  and  in  case  said  pe- 
titioners cause  said  sum  of  fifty  six  dollars,  sixty  five  cents,  to  be 
fi.ithfully  wrought  out  in  making  and  repairing  the  roads  in  said 
plantation  as  aforesaid,  and  certify  the  same  to  tiic  said  Sheriff  and 
Treasurer,  and  pay  the  cost  upon  said  execudons,  within  si.id  3'ear, 
tlie  Sheriff  is  hereby  directed  to  return  snid  executions  Sittisficd, 
and  the  Treasurer  to  cancel  the  aforesaici  i^xes. 

CCXVIIL 

Resolved  on  the  petition  of  Jonathan  Munroe  and  Joseph  Kourse. 

November  17,    1807. 

On  the  several  petitions  of  Jonathan  Munroe,  and  Joseph  Notirse 
severally  stating  that  they  are  seized  of  certam  lands  ^vhieh  had, 
heretofore  been  mortgaged  to  John  jNiurray  one  of  the  persons 
named  in  an  act  passed  against  certain  Conspirators,  for  the  pay- 
ment of  certain  sums,  to  the  said  John  Murray,  which  mortgage 
money  had  been  paid  into  the  treasmy  of  this  Common^vealth  in 
obedience  to  a  certain  act  made  and  passed  on  the  second  day  of 
Pviarch,  in  the  year  of  our  Lord,  One  thousand,  se^•en  hundred  and 
eighty  one,  and  that  actions  are  brought  against  them  respecti^•ely, 
for  the  reco\ery  of  said  lands,  by  Daniel  Murray  as  administrator 
with  the  Will  annexed,  of  the  said  John  Murray  ;  which  actions 
are  now  pending  in  the  Circuit  Court  of  the  United  States  for  this 
District,  and  praying  for  the  aid  and  indemnity  of  this  Common- 
wealth. 


RESOLVES,  Nov.  17,  1808.  ^IS 

Resolved,  That  the  Attorney  General  of  this  Common  weal  tit, 
be,  and  he  hereby  is  authorized  to  appear  in  behalf  of  this  Common- 
wealth in  the  suits  now  depending  in  the  Circuit  Court  of  rhe 
United  States  for  this  District,  brought  by  the  said  Daniel  Mur- 
ray administrator,  with  the  Will  annexed  of  the  said  John  Murray, 
against  the  said  Jonathan  Munroe,  and  against  the  said  Joseph 
Nourse,  for  the  recovery  of  possession  of  said  lands,  and  to  de- 
fend against  the  said  suits,  if  he  shall  think  it  expedient,  and  to 
substitute  any  other  persons  to  aid  in  the  defence  of  the  said  suits 
in  his  stead,  and  to  do  any  matter  or  thing  thereto  appertaining  at 
his  di^cretion. 

And  be  if  further  resolved,  That  his  Excellency  the  Govcrnoitr, 
by  and  v/ith  the  advice,  and  consent  of  the  Honorable  Council,  be 
and  is  hereby  authorized  and  requested  to  issue  his  warrant  on 
the  Treasury  for  such  sum  not  exceeding  three  hundred  dollars,  as 
the  said  Attorney  General  shall  apply  for,  to  defray  the  necessary 
cxpences  of  any  of  the  services  hereby  required,  for  which  sum 
the  said  Attorney  General  is  to  be  accountable. 

CCXIX. 

Resolve  granting  Sylvamts  Lapham  one  dollar  per  day,   November 

18,   1808. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Treasury 
of  this  Commonwealth  unto  Sylvanus  Lapham,  assistant  to  the 
Messenger  of  the  General  Court,  one  dollar  for  each  and  every 
days  service  during  the  present  Session,  over  and  above  his  ordi- 
nary allowance, 

ccxx. 

Resolve  respecting  payments  from  Tompson  J.  Skinner  late    Treas- 
urer and  his  Bondsmen.     jXovember  17,  1808. 

Resolved,  That  the  Treasurer  of  this  Common\\^er«lth,  be  and"^ 
hereby  is  authorized  to  receive  of  the  bondsmen  of  Tompson  J. 
Skinner  late  Treasurer  of  the  Commonwealth,  any  sum  or  sums  of 
money,  which  may  be  offered  him  of  not  less  than  five  thousand 
dollars  at  a  time,  in  part  payment  of  the  balance  due  from  said 
Skinner  as  Treasurer  ;  and  to  give  such  receipts  therefor,  with 
condition  that  such  payments  shall  not  operate  against  any  stiit,  or 
suits,  which  have  been  commenced  by  the  Commonwealth  against 
said  Skinner,  as  their  late  Treasurer,  and  his  Bondsmen  ;"  or  to 
prevent  obtaining  judgment  thereon  for  the  recovery  of  the  mone- 


216  RESOLVES,  Nov.  17,  1808 

due  to  the  Commonwealth  for  the  balance  aforesaid.     Provided. 
all  payments  be  made  eidier  in  specie,  or  Bills  of  die  Boston  Bank. 

CCXXI. 

Resolve  Jor  paying  the  Electors  of  President  and  Fice- President  of 
the  United  States.     November  17,   1808. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Treasury  of 
the  Commonwealth  to  the  Electors  of  President  and  Vice-Presi- 
dent of  the  United  States,  the  same  compensation  for  their  travel 
and  attendance  as  the  members  of  the  Legislature  are  entidcd  to 
receive  for  theu-  travel,  and  attendance  at  the  General  Court. 

CCXXIL 

Resolve  granting  Samuel  Emerson,  Surgeon^  One  hundred  dollars. 

Nov.  17,  1808. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Treasury 
of  this  Commonwealth,  the  sum  of  One  hundred  dollars  to  Samuel 
Emerson,  a^  surgeon  of  the  6th  Regiment,  1st  Brigade,  6th  Divis- 
ion of  the  Militia.  Provided  the  above  sum  is  received  in  full  for 
medicine  and  attendance  on  Isaac  Burnham,  a  private,  who  was 
wounded  in  returning  from  a  military  muster. 

CCXXIIL 

Resolve  to  pay  Thomas  IValcutt  for  extra  service  in  the  recess  of  the 
General  Couut.     November  17.  1808. 

Resolved,  That  forty  two  dollars  be  granted  and  paid  out  of  the 
Treasury  to  Thomas  AA^alcutt  in  full  for  writing  done  for  the  House 
of  Representatives  in  the  recess  of  the  Legislature,  according  to 
his  account  herewith  exhibited. 

CCXXIV. 

Resolve  on  the  petition  of  the  Selectmen  of  Orrington.     November 

17,  1808. 

Resolved,  that  the  Sheriff  of  the  county  of  Hancock  be,  and  he 
is  hereby  directed,  to  return  unsatisfied,  an  execution  issued  b}- 
the  Treasurer  of  said  Commonwealth,  on  the  seventh  day  of  Sep- 
tember last,  against  the  inhabitants  of  the  town  of  Orrington  in 


RESOLVES,  Nov.  18,  1808.  127 

said  county,  for  the  sum  of  two  hundred  and  fourteen  dollars,  and 
sixty  six  cents,  being  the  proportion  of  that  town  in  the  state  tax, 
for  the  year,  eighteen  hundred  and  six  ;  and  that  the  Treasurer  be, 
and  he  is  hereby  directed,  not  to  issue  any  alias  execution,  for  the 
levying  of  said  sum,  until  the  first  day  of  September  next.  And 
the  present  Assessors  of  said  Orrington,  are  hereby  authorized  and 
directed,  to  assess  the  said  sum  upon  the  inhabitants  of  said  town, 
according  to  the  rules  prescribed  in  tlic  tax  act,  passed  in  March, 
1806  ;  and  to  commit  sucli  assesment  to  the  Constable  or  Collec- 
tor of  said  town,  together  with  a  warrant  in  due  form  of  law,  di- 
recting the  said  sum  to  be  paid  into  the  Treasury,  on  or  before  the- 
said  first  day  of  September  next. 

ccxxv. 

jResolve  granting  three  hundred  dollars  to  the  Solicitor  General  for 
expenses.     November  17,   1808. 

Resolved,  That  there  be,  and  hereby  is  granted  to  be  paid  out  of 
the  Treasury  of  the  Commonwealdi  to  the  Solicitor  General,  such 
sum  of  money,  not  exceeding  three  hundred  dollars,  as  may  be  ne- 
cessary to  pay  the  costs  of  prosecutions  commenced,  or  to  be 
commenced,  against  Tompson  J.  Skinner  late  Treasurer  of  the 
Commonwealth,  and  his  Bondsmen,  for  recovering  the  deficiency 
of  the  money  belonging  to  the  Commonwealth,  while  said  Skin- 
ner was  their  Treasurer.  The  Solicitor  General  to  be  accounta- 
ble  for  the  money  he  shall  so  receive. 

CCXXVI. 

Resolve  to  pay  the  assistant  Clerk  of  the  House  of  Reprcsentatvves 

November  18,  1808. 

Resolved,  That  there  be  granted  and  paid  out  of  the  publick 
Treasury,  fifty  dollars  to  Thomas  Walcutt  in  full  for  his  serv'ises 
as  assistant  Clerk  to  the  House  of  Representatives,  the  present 
session  of  the  Legislature. 

ccxxvn. 

Resolve  granting  thirty  jive  dollars  to  David  Sinith,  Representative^ 
for  travel  and  attendance  this  session.     Nov.  18,  1808. 

Resolved.  That  there  be  allowed  and  paid  out  of  the  Treasury  of 
this Commgnweaidi.  to  David Srairli.  Representative  from  Granl)y, 


218  RESOLVES,  Nov.  17,  1808 

mneteen  dollars  for  his  travel,  and  sixteen  dollars  for  his  attendance 
at  the  present  session  of  the  General  Court ;  and  the  Governour  is 
requested  to  draw  his  warrant  on  the  Treasury  for  the  payment  of 
said  sums  accordingly.  And  the  Treasurer  is  directed  to  charge 
said  sum  of  sixteen  dollars  to  said  town  of  Granby,  to  be  added  to 
their  proportion  of  the  next  State  tax. 

CCXXVIII. 

Rsohe  to  pay  Jepthah  B'lplnj^  txventij  eight  dollars  for  his  pay  as  a 
Representative,     J\ov.  18,  1808. 

Whereas  Jepthah  Ripley,  Member  of  the  House  of  Representa- 
tives from  the  town  of  Oakham,  has  attended  eight  days  during  the 
present  session,  and  his  travel  is  sixty  miles,  amounting  for  his  said 
tra\'el  and  attendance,  to  twenty  eight  dollars ;  but  by  mistake,  ha 
■^vas  not  borne  on  the  pay  roll,  therefore 

Resolved,  That  there  be  paid  to  the  said  Jepthah  Ripley,  twenty 
eight  dollars,  out  of  the  public  Treasury-,  in  full  for  his  said  travel 
and  attendance,  at  the  present  session  of  the  Legislature ;  and  his 
Excellency  is  requested  to  errant  a  warrant  on  the  Treasury  in  his 
favour,  for  that  sum,  and  the  Treasurer  is  directed  to  charge  the  town 
of  Oakham  with  sixteen  dollars,  part  of  said  sum,  to  be  added  to 
the  proportion  of  said  town  in  the  next  State  tax. 

CCXXIX. 

Resolve  Jar  raising  a  Company  of  Artillery  in  the  town  of  Lynn. 

Nov.  18,  1808. 

On  the  petition  of  Ezra  Mudge  and  others,  praying  for  the  estab- 
lishment of  a  compmiy  of  Artillery  in  the  town  of  Lynn.  '  esokedy 
That  the  Governour  with  the  advice  and  consent  of  council,  be  re- 
quciiled,  and  tliey  are  hereby  authorized  to  establish  an  Artillery 
Comjjany  in  the  town  of  Lynn,  to  be  raised  by  ^•oluntar}-  enrole- 
inent,  Vvithin  the  fourth  Regiment,  in  the  second  Brigade,  and  in 
the  second  Division  of  Militia  of  this  Commonwealth,  and  the  said 
Company  of  Artillery  when  raised,  shall  be  attached  to,  and  form  a 
part  of  the  Battalion  of  Artilleiy  in  said  Division. 

Provided,  however,  That  no  standing  Company  in  said  Regi- 
ment, shall  be  reduced  to  a  less  number  than  sixty  four  privates  ; 
and  that  none  of  said  Company  of  Artillery  shall  be  taken  from  any 
Troop  of  Cavalry,  or  Company  of  Light  Infantry,  which  are  estab- 
lished in  snid  fourth  Regiment  ;  and  that  the  said  Company  of  Ar- 
tillery irluiU  be  bubjsct  to  all  such  rules,  regulations,  and  restric 


RESOLVES,  Nov.  18,  1808.  21P 

tions,  as  are  or  may  ^e  pro\dded  by  law,  for  the  Government  of  th«. 
Militia  of  this  Commonwealth. 

Resolve  on  petition  of  Samuel  Palmer  and  Ehenezer  Clifford. 

J\ov.  18,  loOo. 

On  the  petition  of  Samuel  Palmer,  and  ILbenezer  Clifford,  iiv 
habitants  of  the  Stdte  of  New- Hampshire. 

Resolved,  That  for  reasoiis  set  forth  in  their  petition,  tlic  said 
Palmer  and  Clifford  be,  and  they  are  hereby  authorised  to  obtain  at 
their  own  expense,  such  ordnance,  and  other  articles,  being-  the 
property' of  this  Commonwealth,  as  now  lays  sunk  in  the  bottom  of 
Penobscot  river,  and  they,  the  said  Palmer  and  Clillbrd,  shall  be 
entitled  to  all  property  o"f\he  kind  descriJ-^ed,  which  they  mav  ob- 
tain and  recover  in  one  jear  from  this  date. 

CCXXXI. 

jResolve  on  the  petition  of  Joseph  Stone.     Noz\  18,  ISOt". 

On  the  petition  of  Joseph  Stone,  of  Harvard,  in  the  county  of 
Worcester,  praying  ibr  a  prolongation  of  the  tim.e  al!ov/ed  him,  by 
a  Resolve  passed  March  the  first,  A.  D,  1808,  for  the  payment  of 
an  execution  which  had  issued  against  him,  on  his  bond  of  recog- 
nizance, at  the  Supreme  Judicial  Court,  at  Worcester,  for  the  sum 
of  five  hundred  dollars,  for  the  appearance  of  one  Isaiah  I'arker. 

Resolved,  'Phat  execution  be  stayed  for  the  term  of  one  year, 
from  the  expiration  of  the  nine  months  allowed  to  said  Joseph 
Stone,  by  the  resolve  aforesaid :  Provided,  that  such  security  be 
given  to  the  Sheriff,  who  holds  such  execution,  as  he  shall  deem 
sufficient  to  ensure  the  payment  theieof  at  that  time. 

CCXXXII. 

Resolve  on  the  petition  of  Benjamin  Lee.     November  13,   1808» 

On  the  petition  of  Benjamin  Lee,  of  Cambridge,  in  the  county 
of  Middlesex,  praying  the  Commonwealth  to  take  on  itself  the 
defence  of  a  certain  suit,  brought  by  Esther  Sewall  of  Montreal,  in 
the  Province  of  Lower  Canada,  and  wido\v  of  Jonatlian  Sewall/ 
late  Attorney  General  of  the  King  of  Great  Britain,  in  the  lata 
Province  of  Massachusetts  Bay,  to  reco\er  dower  in  certam  real  es- 
tate situate  in  Cambridge  ;  which  estate  v»-as  conveyed  by  this  Com  - 


220  RESOLVES,  Nov.  18,  1808. 

nionwealth,  with  warranty,  to  Thomas  Lee,  deceased,  under  whoiU 
the  said  Benjamin  Lee  is  now  seized  of  the  same  estate,  for  his 
life. 

Resolved,  that  the  Attorney  General  and  the  Solicitor  General  of 
this  Commonwealth,  or  either  of  them,  be,  and  hereby  are  author- 
ized, and  required  to  appear  on  l^ehalf  of  the  Commonwealth,  ia 
the  suit  now  dej^ending  between  the  said  Esther  Sewall  and  Benja- 
min Lee,  and  defend  against  the  claim  of  said  Esther  Sewall,  if 
they,  or  either  of  them,  shall  think  it  expedient. 

And  be  it  further  resolved^  That  His  Excellency  the  Governour, 
by  and  with  the  advice  and  consent  of  the  Honourable  Council,  be 
and  he  hereby  is  authorized  to  issue  his  waiTant  on  the  Treasury, 
i'or  such  sum  not  exceeding  fifty  doUai's  as  the  said  Attorney  Gen- 
eral or  Solicitor  General  shall  apply  for,  to  defray  the  necessary 
expenses  of  any  services  hereby  required  ;  for  which  sum,  the  said 
Attorney  General,  or  Solicitor  General  receiving  the  same  is  to  be 
accountiible. 

ccxxxm. 

.Resolve  grajiting  iVdl'iam  Tudor,  Esq.  Secretary  of  the  Common- 
ivcalth,  four  hundred  dollars  for  the  payment  of  Electors  of  Pres- 
ident and  Flee  President  of  the  United  States.     A'ov.  18,  1808. 

Resolved,  There  be  allowed  and  paid  out  of  the  publick  Treasur}-, 
to  William  Tudor,  Esq.  Secretary  of  the  Commonwealth,  the  sum 
of  four  hundred  dollars,  by  him  to  be  applied  to  the  payment  of  the 
Electors  of  President  and  Vice-President  of  the  United  States,  in 
conformity  to  a  resolve  of  the  fifteenth  instant :  for  ^\•hich  sum  he  is 
hereby  made  accountable  to  the  General  Court  at  their  next  session. 

CCXXXIV. 

Resolve  for  paying  the  Members  of  the  Council  and  Legislature. 

Nov.  18,  1808. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Treasury 
of  this  Common weakh,  to  each  of  the  members  of  the  Council, 
Senate,  and  House  of  Representatives,  two  dollars  per  day,  for  eacii 
days  attendance,  the  present  session,  and  the  like  sum  for  ever>-  ten 
miles  travel  from  their  respective  places  of  abode,  to  tiie  place  of  tlie 
sessions  of  the  Legislature. 

And  be  it  further  resolved,  that  there  be  paid  to  the  President  of 
tlie  Senate  and  Speaker  of  the  House  of  Representatives,  eacii  two 
dollars  per  day,  for  each  and  e^'ely  days  attendance,  over  and  abovr 
their  pay  as  members. 


RESOLVES, 

Of  the   General  Court  of  Massachuseiis.^ 

PASSED  AT  THE  SESSION    BEGAN  AND  HELD,    AT  BOSTON,    ON 

THE  TWENTY-FIFTH  DAY  OF  JANUARY, 
jy^   TffE    YEAR    OF    OUR  LORD,    OJVE   THOiySA.XD   EIGIIT  JIUA^DSED 

Aj\rD  j\rijvE, 

LIEUT.  GOVERNOUR's  SPEECH. 


RFPRESENTATIVEs'    CHAMBER,   JANUARY   26. 

^4t  12  o'clock,    agreeably  to    assi^fime?U   His  Honour    the  Lieut, 
Gover?iour,  preceded  by  Mr,  Bell,  Deputy  Sheriff,  and  accom. 
panied  by  the  Council^  met  the  two  branches,  and  delivered  tks 
following 

SPEECH  : 

€?ENTLEMEN   OF   THE   SENATE,    AND 

GENTLEMEN    OF    THE    HOUSE    OF   REPRESENTATIVES, 

A  HE  peculiar  circumstances,  under  which  we  have  as^ 
sembled,  call  for  a  serious  direction  of  our  thoughts  to  that  Be'ncr 
m  whose  hands  are  the  destinies  of  men  and  nations.  The  aspcS 
of  our  pubhck  affiiirs  imposes  on  all  the  duty  of  patience  and  cir- 
cumspection, m  their  investigations  and  their  actions.  Our  best 
exertions,  for  the  general  welfare,  are  now  necessary.  The  known 
patriotism  of  the  People  of  Massachusetts  is  a  pledge  for  the  dis- 
play of  these  virtues,  on  every  publick  emergency.'  How  far  ex- 
isting, or  threatened,  evils  may  be  provided  against,  or  endancrercd 
rights  be  secured,  by  any  agency  constitutionally  confided  to^their 
btate  Legislature,  are,  at  the  present  moment,  considerations  of  the 
most  interesting  nature. 

That  afflicting  Providence,  which  has  deprived  you  and  your 
fellow  citizews  of  the  assistance  and  experience  of  him  w^ho  was  se- 
iected,  by  their  sulFrages,  to  discharge  the  important  duties  of  Chief 
Magistrate,  can  be  felt  and  lamented  by  none  more  sincerely  than 
by  myself.  This  event  having  constitutionally  devolved  on  me 
these  duties  ;   as  a  substitution  to  his  talents  and  his  experience, 

v*  C 


222  LIEUT.  GOVERNOUR's  SPEECH. 

you  may  rest  assured,  for  the  residue  of  the  year,  of  my  solicitude, 
assiduity  and  best  endea\  ours  to  promote  what,  from  my  owti  con- 
vietions,  shall  appear  most  condueive  to  the  good  ot  the  v.  hole. 
On  this  occasion,  to  repeat  the  prescribed  oaths,  which  I  have  al- 
ready taken,  would  be  but  the  avowals  of  my  political  sentiments. 
The  national  and  the  State  Constitution  contain  them.  The  fair 
and  obvious  construction  of  these  instruments,  in  the  sense  in  which 
I  shall  be  convinced  they  were  intended  to  be  understood,  will  fur- 
nish my  rule  of  action,  wherever  they  can  apph\  The  outlines  of 
our  respective  relations  and  duties  are  thereto  be  found.  JNI}  inex- 
perience in  legislative  liiisiness,  will,  I  fear,  be  thought  two  often 
to  call  for  your  indulgence  and  candour.  If  instructed  by  the  Con- 
stitution and  the  Law,  and  sincerely  aiming  to  adhere  to  their  pro- 
\isions,  and  to  advance  the  general  interest  and  harmony  among  the 
citizens,  there  should  unhappily  be  a  diflerence  of  opinion  between 
the  different  deparlmcnts  of  Government,  as  to  means  or  their  ap- 
plication, it  can  be  no  just  cause  of  uneasiness  or  distrust  among  us. 

The  New  iMigland  States  have  been  represented,  to  their  injury 
and  to  the  injury  of  the  United  States,  as  distracted  with  divisions, 
pre])ared  for  opposition  to  tlie  authorit}^  of  the  law  and  ripening 
for  a  secession  from  the  Union. — Anxieties  at  suggestions  or  ap- 
prehensions of  this  kind  have  been  expressed  on  the  floor  of  Con- 
gress. Such  suggestions  we  trust  are  unfounded.  Our  enemies 
alone  could  have  made  them.  It  is  to  be  lamented  that  any  colour 
has  ever  been  furnished  for  such  alarms.  It  cannot  be  concealed 
that  in  this  State,  existing  difficulties  and  the  apparent  indications 
of  greater  ones  have  produced  instances  of  excitement,  violence  and 
indiscretion,  which  form  serious  claims  on  our  attention.  Could 
Legislators  be  agreed,  all  would  be  ti'anquilizcd  from  without. 
Would  not  such  an  achieAcment  be  worthy  an  united  effort  and  re- 
ward the  labours  of  a  Avhole  session  ?  The  times  call  foi*  union, 
confidence  and  mutual  forbciirance  and  accommodation.  Will  not 
a  recollection  of  some  prominent  piinciples  and  facts  in  our  historv', 
with  a  Legislati\'e  example  ha^•e  this  tendency,  among  our  citizens. 
May  we  not  avail  oursehes  of  this  opportunity  to  review,  in  a  sum- 
mary manner,  the  situation  in  which  we  are  placed  and  the  dangers 
to  \\  hich  we  are  exposed. 

If  ever  a  forgetful ness  of  past  disssentions  and  joint  efforts,  for 
tlie  common  interest,  M^re  necessary,  they  are  so  at  this  moment. 
Will  not  each  citizen  determine  for  himself,  that  no  personal  grati- 
fication shall  stand  in  the  way  of  any  arrangement,  which  will 
concentrate  the  general  will  and  direct  its  strength  for  our  country's 
safety.  For  one  I  am  prepared  for  this  measure  of  accord  and  de- 
votion to  the  exigency  of  the  crisis  or  my  heart  deceives  me.  Un- 
ion is  every  thing  ;  it  is  our  strength,  our  numbers,  our  resources. 


LIEUT.  GOVERNOUR's  SPEECH.  223 

If  we  must  have  conflicts,  let  them  be  with  foreign  enemies.  If 
war,  let  it  be  by  the  whole  people,  as  one  man,  in  defence  of  tlicir 
violated  rights.  Let  not  a  particle  of  our  means  be  wasted  in  party 
or  individual  contentions. 

It  cannot  be  necessary  nor  would  it  be  beneficial  to  review  in 
detail  the  continued  and  aggravated  injuries  and  insults,  which 
have  been  heaped  upon  us  by  the  warring  powers  of  Europe.  The 
aggregate  of  our  wrongs  have  been  great  indeed.  The  counter- 
vailing measures  of  our  National  Government  produced  by  these 
aggressions  are  generally  known.  The  recent  communication  of 
Publick  Documents  and  the  able  and  repeated  disquisitions  on 
these  topicks,  as  published  to  the  world,  explain  principles  and 
facts  be}^ond  the  utility  of  further  elucidation. 

Although  our  commercial  intercourse  and  national  defence  is, 
from  necessity  and  the  soundest  policy,  confined  to  the  United 
States,  yet  it  is  not  unbecoming  any  member  of  the  Union,  to  add 
its  concurring  energies  to  national  measures  or,  with  fairness  arid 
moderation,  to  question  their  justness,  or  policy,  while  they  are 
pending  and  ripening  for  adoption.  But  Vv^ith  Governments  as 
with  individuals,  there  are  stages  when  questions  can  no  longer  be 
usefully  open  to  controversy  and  opposition.  Stages  when  an  end 
must  be  put  to  debate  and  a  decision  thence  resulting  be  respected 
by  its  prompt  and  faithful  execution,  or  Government  looses  its  ex- 
istence and  the  people  are  ruined.  Are  we  not  in  this  stage  of  the 
great  questions  of  foreign  aggressions,  Embargo,  non-intercourse, 
national  defence  and  other  means  of  safety  deemed  necessary,  by 
those  entrusted  with  the  final  disposal  of  these  objects  ?  A  bal- 
anced Government  and  its  authorities,  capable  only  of  executing 
the  deliberate  volitions  of  a  real  majority  of  the  citizens,  constitut- 
ed and  directed  by  known  and  fixed  principles,  established  by  and 
proceeding  from  themselves,  is  so  safe,  so  reasonable,  and  so  be- 
yond every  thing  else,  essential  to  their  own  liberty  and  happiness, 
that  its  hazard  or  interruption  cannot  be  contemplated  but  with  dis- 
tress. To  such  a  government  foreign  nations,  with  the  unprincipled 
and  desperate,  may  be  hostile,  but  our  virtuous  citizens,  sensible 
of  its  blessings,  will  yield  to  any  sacrifice  for  its  support.  At  no 
times  has  its  administration,  however  wise  and  happy  been  satis- 
factory to  all  our  citzens.  "^I'his  was  not  to  be  expected.  Its  impar- 
tiality, justice,  forbearance  and  pacifick  policy  have  been  no  secu- 
rity against  violence,  injustice  and  depredation  on  our  rights  of  per- 
son, property  and  sovereignty  by  the  belligerents.  Acts  of  insult, 
rapine  and  plunder,  have  been  multiplied  upon  us  and  pressed  us 
to  the  very  wall.  Does  further  retreat  and  much  further  forbear- 
ance consist  with  the  spirit  and  genius  of  Americans  ?  Yet  we 
truiit  the  continuance  of  peace,  with  its  inestimable  blessings  is  iicA 


224  LIEUT.  GOVERNOR'S  SPEECH. 

altogether  hopeless.  The  aggressing  nations  may  yet  be  made  t# 
listen  to  the  dictates  of  their  own  interest  and  spare  us  the  dreaded 
calamities  of  war.  If  not,  there  is  a  point,  in  national  sensibility, 
;is  in  the  feelings  of  man,  where  patience  and  suomission  end.  Be- 
yond this  is  degradation,  destruction  and  death.  This  point  is 
when  suffering  forbearance  involves  a  surrender  of  honour,  proper, 
tv  and  the  power  of  self-government.  How  near  we  have  approach- 
ed to  this  period,  or  how  last  we  are  approximating,  is  not  for  us 
to  determine.  Such  considerations  ought  with  confidence,  as  they 
may  with  safety,  remain  Avhcre  the  Constitution  has  placed  them. 
Congress  with  an  united  people  may  still  avert  the  threatened  e\  il. 
Pacifick  wisdom  may  yet  be  better  than  weapons  of  war.  And 
should  it  become  nccess-iry  to  cast  the  die,  we  may  be  assured  our 
Representatives,  participating  in  all  the  trials,  burthens  and  sufler- 
ings  imposed  on  others,  will  not  incautiously  precipitate  the  throw. 
Whence  then  the  causes  of  jealous;-',  distrust,  altercation  and  bitter 
aspersion  of  some  of  our  citizens?  Whence  then  the  ever  to  be  re- 
gretted indiscretions,  suddenness  and  ii. dividual  rashness,  that  have 
denounced  our  national  government  and  ^vounded  our  own  ?  Un- 
der a  general  pressure,  however  necessary,  excitements  are  easily 
produced,  The  effects  of  national  measures  have  fallen  and  will 
fall  more  severely  on  some  descriptions  of  citizens  and  portions  of 
the  community  than  others.  This  is  unavoidable.  Ship  owners 
and  the  New-England  States  may  have  been  the  greatest  sufferers* 
But  a  necessary  inequality,  in  the  effect  of  measures,  furnishes  no 
objection  to  their  justice  or  their  policy.  All  agree  something  was 
necessary  to  be  done.  Had  other  measures  been  adopted,  they 
probably  would  but  have  produced  another  description  of  evils,  not 
have  diminished  the  aggregate.  It  was  not  to  h.ive  been  expected  that 
the  United  States  could  be  exempted  from  disasters,  Avhen  causes 
were  in  operation,  ^^•hich  have  involved  half  the  woHd  in  the  great" 
est.  We  in  some  measure  kr.ow  the  effects  of  past  arrangements, 
but  can  never  know  what  would  have  been  the  results  of  different 
ones.  If  our  privations  have  preserved  a  portion  of  our  propert}^ 
our  peace  and  the  opportunity  of  yet  selecting  between  alliances, 
peace  and  war,  are  we  certain  the  price  has  been  too  great  ?  It  has 
been  the  unenviable  and  arduous  task  of  our  rulers  to  collect  the 
diversified  sentiments  of  their  constituents,  on  facts,  and  to  assimi- 
late and  concentrate  ihem,  as  far  as  possible,  to  an  according  sys- 
tem, predicated  on  the  prevailing  opinion.  By  what  other  p'inci- 
]  '!e  r  by  what  better  rule  can  society  act  ?  If  the  degree,  the  kind, 
and  the  time  for  action  must  wait  for  unanimity,  our  rights  would 
never  be  defended  and  our  country  would  be  ruined.  By  the  voice  of 
tb.c  majority  aione  can  society  exist  for  a  moment.  To  oppose  it  is  to 
oppose  a  \ital  movement  of  the  body  politick.  To  triumph  over  it,  is 


LIEUT.  GOVERNOUR's  SPEECH.  $2$. 

to  conquer  ourselves  and  render  us  a  prey  to  any  and  every  invader. 
A  government  of  the  minority  is  a  government  of  anarchy  and 
confusion,  a  dissolution  of  all  principle  and  of  all  authority.  Who 
can  contemplate  such  a  state  of  things  but  with  horrour  ?  Who  can 
lend  it  even  his  silent  countenance  ?  Are  not  liberty,  safety  and 
property,  our  dearest  rights  and  dearest  enjoyments,  the  creatures 
of  law,  upheld  by  its  power  and  rendered  sacred  by  its  energies  ? 
If  government  languishes  and  falls,  will  not  these  blessings  languish 
and  perish  also  ?  Who  does  not  know,  in  the  range  of  excited  pas- 
sions, broken  loose  from  legal  restraints,  property  is  often  fatal  to 
its  owner,  virtue  to  its  possessor,  and  family  blessings  an  invitation 
to  the  hand  of  the  destroyer  ?  When  beholding  in  the  mirror  of 
past  ti.nes  and  distant  ages  the  black  and  frightful  atrocities  of  fu- 
rious and  ungoverned  men,  amidst  the  wrecks  of  civil  establish- 
ments, wall  not  thnuglitfulness,  in  the  language  of  our  departed  pat- 
riot, '■'■  frown  indignantly  upon  the  first  dawning  of  every  attempt 
to  alienate  one  pur  don  of  our  country  from  the  rest,  or  to  enfeeble 
the  sacred  ties  which  now  link  together  its  various  parts"  ?  Frown 
upon  every  suggestion  of  a  non  execution  of  the  law,  resistance  or 
abandonment  of  the  union  !  Such  suggestions  are  not  less  a  libel 
upon  the  morals  and  understanding  of  the  great  body  of  the  New- 
Englarid  people  than  on  their  patriotism.  Their  character  is  not 
marked  with  propensities  to  outrage,  disorder  and  blood.  Such  a 
reproach  must  be  repelled.  Our  citizens  may  differ  on  the  neces- 
sity and  wisdom  of  existing  or  projected  measures ;  but  for  sup- 
port of  their  government,  their  rights  and  their  independence  the 
majority  is  immense. 

Will  not  the  advocates  for  town  meetings,  the  authors  of  resolu- 
tions, be  induced  calmly  to  weigh  the  spirit  and  principles  of  their 
opposition  and  to  reflect  further  on  the  tendency  of  their  measures  ? 
Are  they  prepared  to  pull  down  the  splendid  edifice  erected  by  the 
wisdom  and  valour  of  their  fethers  and  to  bury  themselves  under 
the  ruins  of  Liberty  ?  Are  not  all  their  privations  and  sufferings 
notorious  to  their  rulers  and  from  necessity  yielded  to,  with  parent- 
al sympathy  and  painful  sensibility  ?  While  a  large  majority  of  the 
people  of  the  Union,  of  their  national  representatives,  of  the  state 
Legislatures,  of  their  towns  and  counties,  seriously  believe  that  the 
existing  measures  are  essential  to  our  safety  and  the  best  for  the 
whole,  can  their  opposers  wish  them  to  he  abandoned  and  a  sur- 
render of  the  government  into  their  hands?  And  will  they  yield  itj> 
in  turn,  to  other  towns  and  sections  of  the  country,  that  may  make 
a  similar  claim '?  Would  they  wish  in  these  perilous  times  to  see 
our  peace,  liberty  and  social  blessings  at  the  feet  of  a  party  ?  Would 
they  wish  to  break  those  tics  which  unite  all  to  the  common  centre, 
a  deposit  for  the  publick  opinion,  publick  confidence  and  pubiick 


226  LIEUT.  GOVERNOUR's  SPEECH. 

power?  Such  a  secession  from  the  sahitary  conceptions  of  our  Con- 
stitutions and  the  fundamental  principles  of  our  government  would 
be  more  to  be  deprecated  and  out-weigh  m  mischief  the  most  ex- 
aggerated evils  of  the  embargo. 

The  cultivated  reports  that  the  Administration  and  the  Southern 
people  are  hostile  to  commerce  and  unfriendly  to  the  Eastern  States, 
are  calculated  to  produce  uneasiness,  jealousies  and  dissentions. 
The  evidence  of  such  facts  I  have  never  seen.  My  convictions, 
under  some  advantages  for  observation,  have  been  otherwise.  I 
question  not  the  sincerity  of  the  opinion  of  others.  The  principles 
and  the  publick  conduct  of  our  rulers  are  the  fair  objects  of  a  man- 
ly and  publick  spirited  scrutiny,  for  the  purposes  of  merited  cen- 
sure or  approbation,  their  continuance  or  removal  from  office  in  the 
prescribed  forms.  The  proofs  of  their  talents,  zeal  and  labours  to 
serve  and  render  their  country  great  and  happy,  are  before  the  pub- 
lick. Their  discussion  with  truth  and  fairness,  would  be  salutary 
and  agreeable  to  the  genius  and  spirit  of  our  government.  But 
misrepresentations,  groundless  suspicions,  violent  and  indiscrimi- 
nate abuse,  unless  checked,  must  end  in  opposition  to  the  law,  a 
contempt  for  its  authority,  and  distracted  breaches  of  the  publick 
peace. 

If  legal  animadversions  on  incendiary  and  libellous  publications 
would  be  thought  by  some,  dangerous  to  the  liberty  of  speech  and 
the  press  ;  a  strong  public  opinion,  favourable  to  government, 
would  be  equally  efficacious  to  its  authority  and  to  discountenance 
its  opposers. — Shall  such  aid  be  withheld  ?  Or  must  false  views, 
mistatcments  and  groundless  alarms,  indicati\e  of  extreme  distrust 
and  danger  from  the  Representatives  of  our  own  election,  the  Gov- 
ernment of  our  own  choice,  hurry  a  irtuous  and  well  meaning  men 
into  acts  pregnant  with  awful  consequences  ?  It  is  said  measures 
are  unnecessary,  unconstitutional,  oppressive  and  tyrannical.  Is  it 
certain  this  is  correct  ?  Are  citizens  in  the  streets,  in  town  meet- 
ings, in  multitudinous  assemblies,  citizens  pressed  with  deep  per- 
sonal interests  and  excited  from  erroneous  conceptions,  capable  of 
deciding  on  great,  complicated  constitutional  questions  ?  Hence 
our  peril.  Hence  distraction  and  confusion  in  society.  Hence 
encouragement  to  the  enemy.  Are  such  citizens  more  worthy  of 
confidence  than  their  rulers  ?  Are  they  better  instructed  or  do 
they  possess  higher  means  of  information  ?  Are  our  rulers  blinded 
by  tlieir  interests  or  impassioned  by  their  sufferings  ?  They  decide 
against  their  interests,  and  their  sufferings  are  in  common  with 
their  constituents. — Are  they  actuated  by  prejudice  or  stimulated 
by  resentments  ?  Tliey  have  nothing  personal.  Their  insults  and 
injuries  have  been  the  insults  and  injuries  of  their  country.  What 
then  is  to  be  done  ?    States,  towns  and  individuals  have  their  fa- 


LIEUT.  GOVERNOUR's  SPEECH.  227 

vourite  projects.  The  Union  have  theirs. — Thus  jarring,  are  wc, 
with  augmented  resentments,  to  rush  together  in  ruinous  collisions  ? 
Are  we  with  mutual  hatreds  to  rend  asunder  the  bands  which 
have  united  us  f  I'o  throw  from  our  vitals  the  shield  which  pro- 
tects them  ? 

A  good  government  is  Heaven's  richest  gift.  Past  events  will 
shew  the  worth  of  ours.  Calamities  formed  and  introduced  our 
federal  Constitution.  Its  adoption,  the  desired  and  long  suspend- 
ed hope  of  our  citizens,  was  hailed  and  truly  hailed  as  the  salvation, 
of  our  country.  Experience  has  exalted  its  value,  and  disclosed 
more  and  more,  its  practical  excellencies.  It  is  worthy  the  wisdom 
and  labours  of  its  authors,  and  merits  every  sacrifice  for  its  pres- 
ervation. Our  history  which  preceded  its  adoption  furnishes  ex- 
amples, which  are  fraught  with  admonitions.  Our  Government 
was  humbled  and  ineflicient.  Our  Union  a  thread.  Our  Commerce 
unregulated  and  unprotected.  Our  revenue  nothing.  Our  faith 
perfidy.  Our  credit  bankruptcy,  and  our  privations  the  want  of 
every  thing.  Individuals  were  emljarrassed ;  grievances  complain- 
ed of — our  rulers  censured,  town  and  county  resolutions  published, 
combinations  formed,  a  non-compliance  with  the  law  announced — 
Government  opposed,  property  sold  for  one  third  its  value,  tender 
laws  made,  the  insolvent  imprisoned,  and  our  courts  of  justice  stop- 
ped. But  Government  must  then  be  supported  and  its  laws  be 
respected.  Troops  were  detached,  armed  men  patroled  our  streets 
and  we  saw  them  with  a  joy  inspired  by  the  idea  of  protection  and 
security,  from  the  execution  of  the  law  and  the  energies  of  its  of- 
ficers. Is  the  preventative  against  all  these  and  worse  calamities 
now  to  be  abandoned  and  these  and  worse  ones  to  be  invoked  to 
afflict  us. 

Should  the  northern,  the  middle,  or  the  southern  states,  should 
Virginia,  or  could  Massachusetts,  any  of  her  towns  or  citizens, 
dictate  measures  to  Congress,  and  by  opposition  or  a  convulsed 
state  of  things  force  their  adoption.  Then  indeed,  would  one  state 
have  obtained  a  disastrous  triumph  over  the  United  States.  Then 
we  should  have  conquered  the  union,  then  should  we  have  pros- 
trated its  government,  and  have  trampled  under  our  feet  the  last 
reserve  of  national  power.  Could  the  opposition  prevail,  a  part 
coerce  the  whole,  oiu'  rights  and  our  strength  would  be  scattered 
to  the  M  inds.  As  a  nation  we  should  perish,  as  freemen  be  lost. — 
Our  palladium,  our  ark,  our  national  bulkwarks  would  be  shattered 
and  broken  to  atoms.  Then  might  their  fragments  float  by  the 
licefices  of  our  enemies.  Then  might  ^ve  single  handed  meet  the 
crisis  and  buftetting  the  destruction  threatened  from  the  dfeep,  con- 
flict with  the  clouds  above,  which,  in  anp-ry  collision  are  ready  to 
l«:€ak  on  our  heads.     But  this  can  never  be. — Society  is  yet  strong. 


228  LIEUT.  GOVERNOUR's  SPEECH. 

Americans  virtuous  and  enlightened,  Americans  steady  and  detci'- 
mined,  will  continue  their  confidence  in  their  efforts. — They  will 
rally  around  the  national  constitution,  cling  to  their  government, 
and  should  it  be  driven  to  the  edge  of  a  precipice,  keep  their  hold 
in  the  extremity  of  its  exit  and  sink  with  it  into  the  avdul  abyss. 

The  important  and  the  interesting  and  perilous  nature  of  the 
crisis,  has  compelled  me  thus  long,  to  dwell  upon  it,  and  to 
hope  from  the  wisdom  of  our  legislature,  some  reconciling  ex- 
pedient, to  quiet  the  agitated  minds  of  our  citizens. 

Is  it  the  idea  that  there  are  no  dangers  ;  that  it  can  be  said 
thus  far  shall  the  incitement  come  and  no  fiu-ther,  and  here  shall 
its  eflects  be  stayed  ?  Let  us  not  be  deceived.  This  is  the  pre- 
rogative  of  God  alone.  Are  we  ripe,  are  we  prepared  to  pro- 
claim  to  a  suffering  and  an  enslaved  world,  that  unhappy  man  has 
made  his  last  disposing  effort  for  the  support  of  a  free  government ; 
that  the  most  promising  experiment  has  so  soon  failed — that  liberty, 
the  legitimate  offspring  of  law,  the  favorite  child  of  government, 
has  been  expelled  its  hoped  for  resting  place,  driven  from  its  last 
retreat,  and  banished  the  world  ?  Can  we  not  wait  with  magnani- 
mous patience,  and  endure  privations  a  few  months  longer,  and  give 
to  government  0/2^' fair,  unimpeded  experiment  of  their  measures 
on  foreign  nations  ?  will  not  the  evils  and  the  objections  from  ex- 
isting measures  lie  as  strong  against  non  intercourse,  war,  or  any 
other  arrangement  for  national  defence  ?  Are  we  ready  to  surrender 
all,  to  export  our  government  with  our  produce,  and  to  import  for- 
eign despotism  with  foreign  goods?  The  farmer's  merchandize  and 
his  ships  are  in  the  country — mine  are  there,  and  I  should  rather 
sink  them  than  government  should  be  sunk.  Without  government 
they  are  not  mine ;  nor  flunily  nor  personal  protection,  nor  the  op- 
portunity of  future  acquisitions,  or  future  happiness. 

At  all  times  it  is  pleasing  to  contemplate  the  patriotism  order 
and  discipline  of  our  militia,  to  which  the  constitution  looks  with 
confidence  for  the  defence  of  our  countr}'.  The  last  autumnal 
reviews  have  been  spoken  of  with  pride  by  gentlemen  of  military 
skill.  An  establishment  so  safe  so  economical,  so  preferable  to 
a  standing  army,  in  time  of  peace,  can  never  want  the  patronage 
of  a  provident  legislature.  So  long  as  this  system  shall  be  deem- 
ed susceptible  of  improvement,  it  will  be  the  favourite  object  for 
the  labours  of  the  representatives  of  a  free  people.  I  am  not  suf- 
ficiently conversant  with  the  principles  or  details  of  military  ar- 
ra^igements  to  decide  on  their  defects  or  to  point  out  their  reme- 
dies. To  legislators  of  military  science  and  experience  this  sub- 
ject peculiar  addresses  itself.  They  will  know  v\hether  there 
is  the  greatest  aptitude  and  efficacy  in  all  its  parts  and  whether  it  is 
capable  of  moving  and  being  moved,  in  harmony,  without  morti- 
fying delays  or  dangerous  collision. 


LIEUT.  GOVERNOR'S  SPEECH.  22£^ 

An  evil  of  magnitude  is  spreading  its  calamitous  effects  over 
every  portion  of  our  Commonwealth.'  The  accumulation  of  de- 
preciated and  counterfeited  bank  bills,  with  all  their  fnuidulcnt  and 
demoralizing  action  on  society  and  the  habits  of  individual s/arc 
not,  perhaps,  less  to  be  deprecated  than  a  temporary  suspension  of 
a  foreign  market,  for  the  produce  of  our  farms.  The  impositionrs 
practised,  the  inability  to  lose  what  had  been  honestly  taken,  the 
temptation  to  pass,  with  the  frequency  of  doing  it,  and  the  impiini 
ty  with  which  it  may  be  done,  are  fast  breaking  down  the  moral 

•  sense  and  eradicating  from  the  minds  of  the  citizens,  that  sublime 

•  reverence  for  justice,  those  lively  repulsive  principles  to  fraud^ 
which  are  the  ends,  the  fruits  and  perfection  of  moral  cultivation! 
The  spurious  and  the  genuine  are  indiscriminately  passed  under  the 
false  apology  that  they  were  honestly  received  and  that  the  bad  are 
not  certainly  known  to  be  such.  Indeed,  a  knowledge  of  die  char  - 
acteristicks  of  the  various  bills,  of  all  the  banks,  in  this  and  the 
neighbouring  States,  circulating  among  us,  is  a  science  too  nice 
extensive  and  compHcated  for  the  g^eat  body  of  our  citizens  to 
learn.  Will  it  not  be  an  object  worthy  the  attention  of  the  Legis^ 
lature,  to  protect  tlieir  constituents  against  so  serious  a  depredation 
on  their  property  and  morals?  Would  not  the  confining  banks  to 
a  compliance  with  the  express  or  implied  princioles  of  their  respcc= 
tive  institutions,  and  obliging  them  all  to  issue  bills  of  the  same 
figure  and  device,  with  the  exclusion  from  circulation  of  all  foreio-n 
bills,  which  should  not  be  issued  in  conformity  to  such  a  svstem 
cure  very  many  of  the  evils?  To  the  experience  and  providence 
ot  the  l^egislature  our  citizens  look  for  a  remedy 

No  crisis  should  arrest  the  progress  of  the  Arts  and  Sciences  or 
stay  the  fostering  hand  of  improvement.  Our  most  considerable 
societies,  for  these  purposes,  were  to  the  honour  of  their  founders 
and  our  country,  established  during  our  struggles  for  national  ex 
istence.  Are  not  the  meritorious  examples  of  encouranement  «-i v'» 
en  to  manufactures,  in  the  other  States,  worthy  the  imitation  oiihls 
especialyofanadjoming  one,  which,  under  the  liberal  auspices 
ot  a  puohck  spirited  citizen,  is  becoming  famous  for  tli£  manuflic- 
turing  oi  vyoolen  cloth,  from  a  superiour  and  an  improved  breed  of 
imported  sheep.  Would  it  not  be  useful  to  countenance  mechanic! 

Shrih:  'n.  •  ^^"r'  ^>^  -^-P^--  ^-^  taxes  and  by 
extend  ag  the  principles  of  our  laws,  respecting  the  overflowine 
ot  lands  by  grist  and  sawmills,  to  cotton  factories  and  other  kbo«r 
saving  machines,  depending  on  water  courses  for  their  movemems? 
Would  not  the  proceeds  of  the  sale  of  a  f.w  Eastern  townsfc 
vested  in  a  societ^^  as  a  perpetual  fund,  for  the  promotion  of  m!.. 
himS  ^^^^-^^^'^^^hthe  appropriation  of  its  interest,  in  p.^;;, 
mms  and  other  encouragement  to  ingenious  manuHicturers,  be  seed 
D  d 


230  LIEUT.  GOVERNOR'S  SPEECH. 

sowed  in  good  ground,  which  would  produce,  to  the  present  and 
succeeding  generations,  an  harvest  of  an  hundred  fold  ? 

Facihties'to  husbandry,  commerce  and  manufactures  are  good 
roads.  Most  of  our  great  ones  are  now  in  such  convenient  and  un- 
alterable directions,  as  will  probably  command  an  increasing  travel 
for  centuries  yet  to  come.  Would  not  a  law  protecting  and  en- 
couraging to  individuals  to  border  them  with  trees  give  ornament 
to  the  country,  comfort  and  refreshment  to  the  travel'lLr,  fuel  to  the 
planters  and  gratification  to  all. 

To  cherish  the  interest  of  literature,  the  sciences  and  their  semi- 
naries, especially  the  University  at  Cambridge,  publick  scliools, 
private  societies  and  publick  institutions,  rewards  and  immunities 
for  the  promotion  of  agriculture,  arts,  sciences  and  manufactures, 
cannot  be  less  a  compliance  with  the  inclinations  of  a  Legislature 
of  Massachusetts  than  with  that  duty  which  is,  at  all  periods,  made 
binding  on  it  by  the  constitution  under  which  it  acts. 

The  particular  state  of  our  militia,  ordnance,  military  stores  and 
supplies  will  appear  from  the  detailed  report  and  returns  of  the  Ad- 
jutant and  Quarter  Master  General,  which  shall  be  communicated 
by  special  message  so  soon  as  they  shall  be  prepared. 

Gaitlemen  of  the  Senate^  and 

Gentlonen  of  the  House  of  Representatives, 

For  your  patience  and  indulgence  accept  of  my  sincere  ac- 
knowledgements, and  may  that  wisdom  which  is  from  above,  which 
is  profitable  to  direct,  gentle  and  easy  to  be  entreated,  lead  in  our 
councils  and  govern  our  conduct  tluough  the  session. 

^  LEVI  LINCOLN. 


ANSWER  OF  THE  SENATE, 


KAY    IT    PLEASE    YOVR     HONOUR, 


Wi 


KILE  the  Sencite  lament  the  solemn  dispensation  of 
Divine  Providence  which  has  deprived  the  Commonwealth  of  its 
Chief  Magistrate,  they  earnestly  beseech  the  Father  of  Lights  to 
endue  you  with  wisdom  to  discern,  and  fidelity  to  pursue  the  path 
of  dut}^,  in  the  discharge  of  the  high  and  responsible  trust,  which 
in  consequence  of  this  event,  the  constitution  has  devolved  upon 
you.  Assisted  in  council  by  men  distinguished  for  their  tale.i^s, 
experience  and  integrity,  we  trust,  that  while  they  will  share  wi'.li 
you  the  responsibilit}-,  their  advice  will  have  a  proper  influence  in 
the  direction  of  the  measures  of  tlie  executive  department. 

Deeply  impressed  by  the  perilous  and  distressing  aspect  of  our 
publick  affairs,  we  assure  your  Honour  of  "  our  best  exertions  for 
the  general  welfore." 

We  are  happy  to  accord  with  you  "  that  our  enemies  alone 
could  have  represented  the  New  England  states  as  prepared  for 
opposition  to  the  authority  of  the  law,  and  ripening  for  a  secession 
from  the  union."  We  believe  with  your  Honour,  that  "  such 
suggestions"  in  regard  to  New  England  "  are  unfounded."  "  It 
cannot"  indeed  "  be  concealed  that  in  this  state  existing  dif&cnl- 
ties,  and  apparent  indications  of  greater  ones,"  have,  as  in  a  for- 
mer memorable  period  of  our  history,  roused  the  spirit  of  our  cit- 
izens ;  but  we  trust  with  your  Honour  "  that  their  cliaracter  is 
not  marked  with  propensities  to  outrage,  disorder  and  blood."  On 
the  contrary  that  as  they  correctly  understand  their  duties,  they 
will  steadily,  and  resolutely  maintain  their  rights. 

The  people  of  New  England  perfectly  understand  the  distinc- 
tion between  the  Constitution  and  the  Administration.  They  are 
as  sincerely  attached  to  the  former  as  any  section  of  the  United 
States.  They  may  he  put  under  the  ban  of  the  empire,  but  they 
have  no  intention  of  abandoning  the  union.  And  'we  have  the 
pleasure  explicitly  to  declare  our  full  concurrence  with  your  Hon- 
our, "  that  such  suggestions  are  not  less  a  libel  upon  the  great 
body  of  the  New  England  people,  than  on  their  patriotism." 

As  the  government  of  the  union  is  a  confederation  of  equal  and 
independent  states  with  limited  powers,  we  agree  with  your  Hon- 
our *'  that  it  is  not  unbecoming  any  meral^er  of  the  union  with 
firmness  and  moderation  to  question  the  justness  or  policy  of  mea- 
sures while  they  are  pending  and  ripening  for  adoption,"  and  we 
learn  with  concern  from  vour  Honour,  "  that  there  are    stages 


232  ANSWER  OF  THE  SENATE. 

when  questions" — without  even  excepting  questions  involving  un- 
alienable rights — "  can  be  no  longer  open  to  controversy  and  op- 
position"-— "  stages  wlien  an  end  must  be  put  to  debate  and  a 
decision  thence  resulting  be  respected  by  its  prompt  and  faithful 
execution,  or  government  loses  its  existence  and  the  people  are 
ruined," 

Even  if  your  Honour's  principle  were  correct,  can  it  be  ima- 
gined that  "  we  are"  (as  your  Honour  is  pleased  to  intimate)  "  now 
in  this  stage,  on  the  great  questions  of  non- intercourse  and  na- 
tional defence  ?"  These  measures  are  "  still  pending  and  ripening 
for  adoption."  Is  it  then  "  unbecoming"  for  tliis  state  to  question 
their  "  justness  or  policy"? 

But  with  great  deference  to  your  Honour,  we  apprehend  that 
this  principle,  if  carried  into  effect,  would  render  our  free  govern- 
ment a  despotism,  and  bring  inevitable  "  ruin  upon  the  people." 
If  we  apply  it,  to  one  of  the  cases  mentioned  by  your  Honour, 
the  Embargo,  the  principle  will  present  itself  in  some  of  its  de- 
formity. It  is  well  known  that  the  act,  imposing  the  Embargo 
passed  the  Senate  of  the  United  States  in  the  space  of  a  few  hours, 
and  passed  all  the  forms  of  legislation  in  four  days,  after  that 
measure  was  recommended  by  the  President. 

The  people  of  this  State,  therefore,  could  not  by  any  possibili- 
ty have  had  an  opportunity  '^  to  question  its  justness  or  policy," 
and  even  Senators,  in  Congress,  were  not  allowed  the  time  they 
requested  for  that  purpose- — And  are  the  people  of  Massachusetts 
to  understand,  tliat  "  a  decision"  of  this  nature,  "  must  be  res- 
pected by  its  prompt  and  faithful  execution  ?"  that  it  is  too  late 
for  diem  to  question  its  *'  justness  or  policy  ?"  Are  they  to  be- 
lieve that  the  "  Stage"  has  passed  and  that  indeed  nothing  remains 
for  them  but  quiet  submission  ?  We  owe  it  to  oursehes  and  to  the 
people  distinctly  to  deny  this  doctrine,  at  once  novel  and  perni- 
cious. 

An  administration  may  become  corrupt,  but  the  people  will  re- 
main pure.  We  are  therefore  constrained  widi  great  respect,  to 
express  our  mingled  regret  and  astonishment,  that  your  Honour 
should  seem  to  doubt  the  capacity  of  the  people  to  decide  on 
questions  involving  their  unalienable  rights.  Your  Honour  is 
pleased  to  ask  '*  if  citizens  in  the  streets — in  town  meetings — in 
muHitudinous  assemblies,  pressed  with  deep  personal  interests  are 
capable  of  deciding  on  great  complicated  and  constitutional  ques- 
tions ?"  and  to  observe  that  from  hence  our  peril. 

May  we  be  permitted  to  ask,  who  shall  decide  when  the  publick 
functionaries  abuse  their  trust  ? — We  need  not  inform  your  Hon- 
our,  that  the  meetings  to  which  you  alludej"  ha\e  been  attended  by 
tnen  second  to  none  in  the  United  States  for  their  legal  and  politi- 


ANSWER  OF  THE  SENATE.  233 

cal  knowledge — for  their  love  of  order — and  for  their  patriotism  : 
many  of  whom  have  grown  grey  in  the  publick  service  and  confi- 
(Jence — many  of  them  now  liolding  high  and  important  offices  in 
the  state  :  and  that  these  meetings  have  been  conducted  with 
great  order  and  decorum. 

Can  such  assemblies  of  the  citizens  merit  censure  in  a  republi- 
can government  ?  But  you  will  please  to  permit  us  to  remark,  that- 
your  animadversion  upon  these  meetings,  apj.ear  the  more  extra- 
ordinary, because  in  another  part  of  your  comm.imication,  your 
honour  is  pleased  to  observe,  "  that  it  had  been  the  arduous  task 
of  our  rulers  to  collect  the  diversified  sentiments  of  their  constitu- 
ents, and  to  assimilate  and  concentrate  them  as  far  as  possible  to 
an  according  system  predicated  on  the  prevailing  opinion" — a 
measure  indeed  very  proper,  but  which  could  only  be  effectual, 
by  the  free  interchange  of  opinion,  and  those  very  meetings  of 
the  citizens,  from  which  your  Honour  seems  afterwards  to  appre- 
hend so  much  dansrer.  Your  Honour  mav  be  assured  that  we 
"  question  not  the  sincerity  of  the  opinion"  which  you  have  been 
pleased  to  intimate,  of  the  incapacity  of  the  people — But  you  will 
permit  us  to  declare,  that  upon  their  knov/ledge  of  their  rights 
and  duties,  and  the  firmness  and  perseverance  in  maintaining  them, 
our  hope  is  placed.  They  will  ultimately  form  a  just  decision. 
Hence  our  ark — not  "  our  peril." 

We  beg  leave  to  observe,  that  those  riglits,  which  the  people  have 
not  chosen  to  part  with,  should  be  exercised  by  them  with  delicacy 
—only  in  times  of  great  danger — not  with  "  distraction  and  con- 
fusion"— not  to  oppose  the  laws,  but  to  prevent  acts  being  res- 
pected as  laws,  which  are  unwarranted  by  the  commission  given 
to  their  rulers.  On  such  occasions,  passive  submission  would  on 
the  part  of  the  people,  be  a  breach  of  their  allegiance,  and  on  our 
part  treachery  and  perjury.  For  the  people  are  bound  by  their 
allegiance,  and  we  are  additionally  bound  by  our  oaths  to  support 
the  Constitution  of  the  State— -and  we  are  responsible  to  the  peo- 
ple, and  to  our  God,  for  the  faithful  execution  of  the  trust. 

But  your  Honour  is  pleased  to  observe,  that  "  the  union  have 
their  favourite  projects — states,  towns  and  individuals  have  theirs" 
and  to  inquire  whether  "  thus  jarring  with  augmented  resentments, 
we  are  to  rush  together  in  ruinous  collisions." 

Can  it  be  necessary  to  remind  your  Honour  that  the  aggressor 
is  responsible  for  all  the  consequences,  which  you  have  been  pleas- 
ed so  pathetically  to  describe  ?  That  the  people  have  not  sent  us 
here  to  surrender  their  rights  but  to  maintain  and  defend  them  ? — 
and,  that  ^ve  have  no  authority  to  dispense  with  the  duties  thus 
solemnly  imposed  :  Your  Honour  has  described  "  the  calamities 
which   introduced   our  federal   constitution,"   with   great    truth. 


234  ANSWER  OF  THE  SENATE. 

^^  Our  government  was  humbled  and  inefficient — our  union  a 
thread — our  commerce  unregulated  and  unprotected — our  revenue 
nothing — our  faith  perfidy — our  credit  banki-uptcy — our  priva- 
tions the  want  of  everything — individuals  were  embarrassed,"  &c. 
"  and  our  courts  of  justice  stopped,   Sec." 

Can  it  be  necessary  to  remind  your  Honour,  that  the  adminis- 
tration of  Washington,  produced  precisel}-  the  reverse  of  the  pic- 
ture which  you  have  been  pleased  to  draw  so  much  to  the  life? 

And  will  you  permit  us  to  ask  in  our  turn,  but  in  your  Honour's 
words,    *'  whence  then  the  causes  of  jealousy,  distrust,  altercations 
and  bitter  aspersion"  of  that  great  and  good  man,  and  upon  all  who 
were  attached  to  his  measures  ?  "  Whence  tlie  ever  to  be  regiet- 
tcd  indiscretions,  suddenness  and  individual  rashness  which  de- 
nounced" an  admmistration,  that  safely  guided  the  people  to  pros- 
perity and  glory,  amidst  great  and  impending  dangers  ?  Were  these 
calumniators  "  more  worthy  of  confidence,"  *'  better  instructed," 
or  did  they  "possess  higher  means  of  information" — were  they 
less  "  blinded  by  their  interest,"  less   "  actuated  by  prejudice  or 
stimulated  by  resentments"  than  the  political  sa\  iour  of  his  coun- 
try and  his  compatriots  ?  Whence  then  "  the  misrepresentations, 
groundless  suspicions,  violent  and  indiscriminate  abuse"  thrown 
upon  men  who  had  a  right  to  call  for  "  union"  in  support  of  their 
measures — upon  men  who  had  given  to  the  publick  '*  the  proof  of 
their  talents,  zeal  and   labours  to  serve  and   render  their   country 
great  and  happy  ?"  j 

But  the  present  administration,  although  aware  of  the  "effects 
of  past  curangements,"  had  not  the  wisdom  or  magnanimity  to 
adopt  them.  They  have  ventured  upon  ncAv  expedients — and  are 
responsible  to  their  country  for  the  distressing  "results." 

Your  Honour  is  pleased  to  inquire  "  if  we  could  not  -wait  withi 
magnanimous  patience,  and  endure  privations  a  few  months  lon- 
ger, and  give  to  government  one  fair  unimpeded  experiment  upon 
Ibreign  nations  ?" 

The  administration  has  indeed  been  "  pressed  to  the  very  wall," 
and  we  know  not  how  much  "  furtlier"  they  would  "  retreat"  if 
they  could. 

But  may  it  please  your  Honour,  we  have  seen  as  little  of  "  spir- 
it" as  of  polic}-  in  the  embargo  system — We  know  that  tlie  I^mpe- 
rour  approves,  if  he  did  not  dictate  the  measure — We  know  that| 
Great-Britain  receives  immense  advantage  from  the  surrender  to 
her  of  the  whole  trade  of  the  \\-orld — :\nd  we  cannot  imagine  ^^•hy| 
the  people  should  be  called  upon  to  "  endure  pri\ations"  any  lon- 
ger unless  the  administration,  having  failed  to  operate  on  th.e  fears 
or  interests  of  the  "  warring  powers,"  expect  ere  long  to  obtain 
:jQme  relief  from  their  compassion. 


ANSWER  OF  THE  SENATE.  235 

We  most  heartily  concur  with  your  Honour,  *'  that  there  is  a 
point  in  national  sensibility,  as  in  the  feelings  of  men,  where  pa- 
tience and  submission  end,"  And  when  that  crisis  shall  arrive, 
your  Honour  may  rest  assured  that  the  people  of  New-England 
"  will  (as  you  have  been  pleased  to  say)  rally  round  the  national 
constitution."  But,  Sir  they  will  not  "  cling"  to  an  administration 
which  has  brought  them  to  the  brink  of  destruction-— they  will  not 
"  keep  their  hold  in  the  extremity  of  its  exit,"  nor  "  sink  with  it 
into  the  frightful  abyss."  No,  Sir!  The  people  of  Massachusetts 
will  not  wiliiDgly  become  the  victims  of  fruitless  experiment. 

We  shall  be  ready  at  all  times  with  you  "  to  cherish  the  interests 
of  literature,  especially  the  University  at  Cambridge" :  and  the 
sentiments  which  your  Honour  is  pleased  to  advance,  that  "no  cri- 
sis should  arrest  the  progress  of  the  arts  and  sciences,"  meets  our 
concurrence. 

We  shall  endeavour  to  find  a  remedy  for  the  "  accumulation  of 
depreciated  and  counterfeit  bank  bills,"  to  which  your  Honour  has 
been  pleased  to  call  our  attention. 

Touching  the  Militia- --we  cannot  conceal  our  regret,  that  the 
admmistration  of  the  general  government  has  not  discovered  that 
dependence  upon  "  an  establishment"  which  your  Honour  is  pleas- 
ed to  observe  is  "  so  preferable  to  a  standing  army  in  time  of 
peace"  and  to  which  the  Constitution  looks  with  confidence  for  the 
defence  of  our  country."-— We  regard  that  institution  at  once  with 
pride  and  with  confidence- --and  we  agree  with  your  Honour  that  it 
*'  can  never  want  the  patronage  of  a  provident  legislature"  :  surely 
not  in  times  of  peril  like  these.  Your  Honour  was  pleased  to  an- 
ticipate a  difference  of  opinion,  but  we  beg  you  to  "  rest  assured 
of  our  solicitude,  assiduity  and  best  endeavours  to  promote  what 
from"  our  "  own  convictions  shall  appear  most  conducive  to  the 
cfood  of  the  whole."  And  we  join  with  your  Honour  in  the  v/ish 
that  the  "  wisdom  which  is  from  above,  which  is  gentle,  and  easy 
to  be  entreated,"  may  "  lead  in  our  councils,"  but  v/e  fervently 
pray  moreover,  that  not  only  our  conduct,  but  that  of  the  general 
government,  may  be  directed  by  that  wisdom,  which  is  also  pure--- 
peaceable-.-full  of  good  fruit- --without  partiality  aixl  without  hy- 
pocrisy. 


236  ANSWER  OF  THE  HOUSE;    . 

ANSWER 

OF  THE  HOUSE  OF  REPRESENTATIVES. 

MAY    IT    rLEASE    VOUK    HONOUR, 

.1  HE  House  of  Representatives  view  with  deep  and  seri- 
ous regret  the  very  peculiar  circumstances  under  which  they 
have  assembled,  and  ^^'ith  fearful  anxiety  direct  their  thoughts  to 
that  Being,  without  whose  aid  the  portentous  aspect  of  our  publick 
affairs  cannot  be  changed.  In  a  season  of  political  calamity,  when 
the  hand  of  the  General  Government  presses  with  peculiar  rigour 
upon  the  people  of  Massachusetts,  the  known  patriotism  of  her  sons, 
becomes  a  sure  pledge  for  the  display  of  those  virtues  which  the 
times  require.  At  such  a  moment  the  House  of  Representatives  will 
investigate  with  patience  and  circumspection  the  causes  which  have 
led  to  the  existing  and  threatened  evils,  and  will  endeavour  to  apply 
such  remedies  as  die  powers  confided  to  that  branch  of  the  State 
Legislature  will  constitutionally  warrant. 

The  afflicting  dispensation  of  Divine  Providence,  which  has  de- 
prived  this  Commonwealth  of  its  late  Commander  in  Chief,  cannot 
be  more  sincerely  deplored  by  your  Honour  than  it  is  sensibly  felt 
by  the  House  of  Representatives.  Elevated  to  the  Chair  of  State, 
in  opposition  to  the  political  sentiments  of  a  majority  of  the  Legis- 
lature, we  are  happy  to  declare  that  the  late  GoAemour  Sullivan,  in 
the  discharge  of  his  high  and  important  trust,  appeared  rather  de- 
sirous to  be  the  Governour  of  Massachusetts,  than  the  leader  of  a 
party,  or  the  vindictive  champion  of  its  cause. 

VVe  receive  with  respectful  attention  the  assurance  of  your  Hon- 
cur's  *'  solicitude,  assiduity,  and  best  endeavours  to  promote  whatj 
shall  appeal- most  conducive  to  the  good  of  die  whole  ;"  and  pursu- 
ing the  fair  and  obvious  consti'uciion  of  the  national  and  state  con- 
stitutions, as  a  rule  of  action,  we  apprehend  that  it  is  impossible 
your  Honour  should  furnish  any  occasion  for  the  exertion  of  can- 
dour or  indulgence  on  our  part. 

We  are  unwilling  to  believe  that  any  division  of  sentiment  can 
exist  among  the  New  England  States  or  their  inhabitants  as  to  the 
obvious  infringement  of  rights  secured  to  them  by  the  Constitu- 
tion of  the  United  States  ; — and  still  more  so  that  any  men  can  be  ' 
weak  or  wicked  enough  to  construe  a  disposition  to  support  that' 
Constitution  and  preserve  the  union  by  a  temperate  and  firm  op» 


•       ANSWER  OF  THE  HOUSE.  237- 

position  to  acts  which  are  repugnant  to  the  first  principles  and  pir- 
poses  of  both,  into  a  wish  to  recede  from  the  other  states.  IT  a 
secession  has  been  conceived  by  the  states  or  people  referred  to  In 
your  Honour's  communication,  it  is  unknown  to  the  House  cf 
Representatives,  who  absolutely  disclaim  any  participation  therein, 
or  having  afforded  the  least  colour  for  such  a  charge.  If  ever  sucli 
suspicions  existed  they  can  have  ai'isen  only  in  the  minds  of  those 
who  must  be  sensible  that  they  had  adopted  and  were  persisting  in, 
measures  which  had  driven  the  people  to  desperation,  by  infringing 
rights  which  the  citizens  of  Massachusetts  conceive  to  be  una- 
lienable, and  which  they  fondly  hoped  had  been  inviolably  secured 
to  them  by  the  federal  compact. 

The  Legislature  and  people  of  Massachusetts  ever  have 
been  and  now  are  firmly  and  sincerely  attached  to  the  union  of 
the  S':ates,  and  there  is  no  sacrifice  they  have  not  been,  and  are 
not  now  willing  to  submit  to,  in  order  to  preserve  the  same,  ac- 
cording to  its  original  purpose — Of  this  truth  your  Honour  must 
be  convinced.  We  do  not  appeal  to  the  unvarying  conduct  of 
oar  citizens  during  the  glorious  administrations  of  Washington 
and  Adams,  when  the  patriotick  endeavours  of  our  statesmen  un- 
der the  most  perplexing  embarrassments,  pursued  and  secured  the 
interests  and  honour  of  the  nation  : — ^But  we  can  appeal  to  the 
patience  with  which  our  fellow  citizens  have  borne  the  administra- 
tion of  those,  whose  boast  it  has  been  lo  ^.:o >-,ribe  all  the  measures 
of  their  predecessors,  and  most  of  the  men  whose  tulcnts  and  vir- 
tues had  assisted  in  securing  to  the  United  States  the  blessings  of 
a  free  government.  1  r,- people  in  this  sec  J  rr,:,  of  the  country  had 
undoubtedly  ilcittcred  themselves,  that  the  liberal  cij^j^dence  which 
they  had  afforded  to  the  professions  of  their  rulers  would  induce  a 
regal  d  to  their  interests,  and  when  experience  had  shewn  the  in- 
competence of  their  measures  to  the  honour  or  safety  of  the  coun- 
try, they  would  have  had  the  magnanimity  to  correct  their  errours. 
It  ought  not  to  be  matter  of  surprize  that  men  Vvho  either  on  the 
floor  of  Congress  or  elsewhere,  have  adopted  me  3ures  hostile  to 
the  union,  and  subversive  of  its  principles  shoi  Id  endeavour  to 
brand  with  the  calumny  you  mention  the  efforts  of  those  who  sin- 
cerely aim  at  preserving  the  constitution,  by  deiaonstrating  the 
tendency  of  their  acKs,  and  who  studiously  exert  themselves  to 
prevent  a  dissolution  of  the  federal  compact  "by  stating  the  dangers 
of  such  an  event.  An  event  which  this  house  cannot  fliil  to  dep- 
recate as  one  of  the  greatest  evils,  and  to  prevent  w^hich  they  will 
leave  no  constitutional  means  unessayed.  But  it  would  be  greatly 
to  be  deplored  if  any  thing  in  your  Honour's  address  could  be 
construed  into  a  sanction,  by  the  Chief  Magistrate  of  this   Com- 

K  e 


238  ANSWER  OF  THE  HOUSlE. 

inon\\'ealth,  of  a   charge   so   unfounded  and  a  slander  so  unmer- 
ited. 

It  is  with  much  pleasure  the  House  of  Representatives  receive 
your  Honours  declaration,  that  no  personal  gratification  shall 
tttand  in  the  \va}'  of  any  arrangement,  which  shall  concentrate  the 
general  will,  and  direct  its  strength  for  our  country's  safet)-.  In 
this  declaration  so  honourable  to  }  ourself,  sir,  the  House  of  Rep- 
resentatives most  promptly  and  cordially  concur,  and  so  far  as  con- 
stitutionally they  may,  sacredly  pledge  themselves  to  your  Hon- 
our in  defence  of  all  those  rights  which  have  been  violated  abroad, 
or  usurped  at  home. 

The  House  of  Representiitives  agree  in  sentiment  a\  ith  your 
Honour,  tluit  "  it  cannot  be  necessary  to  review  in  detail  the  con- 
tinued and  aggravated  insults  and  injuries  which  have  been  heap- 
ed upon  us  by  the  wiu'ring  ])owers  of  Europe  :"  yet  it  may  not  be 
improper  to  remark,  that  when  a  government,  in  die  first  instance, 
from  an  overweening  partiality  to  one  po\\'er,  an  undue  prcj-udice 
against  another,  or  a  timid  and  pusillanimous  ]5olicy  towards  all  na 
tions,  surrenders  essential  rights  without  a  sti'uggle,  the  nation  over 
which  it  rules  I)ecomes  the  victim  of  aggression  from  w  ithout,  and 
of  imix)sition  from  widiin.  The  partial  developement  of  publick. 
documents  is  but  too  conclusive  on  this  point. 

That  the  regulation  of  our  commercial  intercourse  and  our  na- 
tional defence,  is  most  wisely  confided  to  the  general  go\  ernment, 
is  a  truth  so  plain  and  palpable,  that  we  should  hold  it  unnecessary 
to  be  repeated  here,  were  it  not  for  the  purpose  of  concurring  with 
your  Honour  in  die  justice  of  the  sentiment  ;  but  the  liberty  of 
discussing  the  measures  of  our  general  government  widi  freedom 
and  firmness,  though  \\ith  fairness  and  moderation,  is  a  right  the 
House  of  Representati^'es  ne\er  w ill  relinquish. 

We  cannot  acrree  with  vour  Honour  that  in  a  free  countrv  there 
is  any  stage  at  which  the  constitntlonality  of  an  act  ma}-  no  longer 
be  open  to  discussion  and  debate  ;  at  least  it  is  only  upon  the 
high  road  to  despotism  that  such  stages  Cim  be  found. 

At  such  a  point  the  Government  inidertaking  to  extend  its  pow- 
ers beyond  the  limits  of  the  constitution,  degenerates  into  tyranny. 
The  people,  if  temperate  and  firm,  will,  we  confidently  rely,  event- 
ually triumph  over  such  usurpations. 

Were  it  true,  that  the  measures  of  government  once  passed  in- 
to an  act,  the  constitutionality  of  that  act  is  stamped  with  the  seal 
of  hifalhbility,  and  is  no  longer  a  subject  for  the  deliberation  or 
remonstrance  of  the  citizen,  to  what  monstrous  lengths  might  not 
an  arbitary  and  tyrannical  administration  carry  its  power.  It  has 
only  to  pass  through  rapid  readings  and  mid-night  sessions,  with- 
out allowing  time  for  reflection  and  debate  to  the  final  cnactmg  of 


ANSWER  OF  THE  HOUSE.  239 

a  bill,  and  before  the  people  are  even  informed  of  the  intentions  of 
their  rulers,  their  chains  are  riveted,  and  the  right  of  complaint 
denied  them.  Were  such  a  doctrine  sound,  what  species  of  op- 
pression might  not  be  inflicted  on  the  prostrate  liberties  of  our 
country.  If  such  a  doctrine  were  true,  our  constitution  would  be 
nothing  but  a  name — nay  worse,  a  fatal  intnnnent  to  sanctify  op- 
pression, and  legalize  the  tyranny  which  inflicts  it. 

Nothing  but  madness  or  imbecility  could  put  at  hazard  the  ex- 
istence of  a  "  balanced  government,  capable  of  operating  and  pro- 
viding for  the  publick  good,"  unless  the  administration  of  tliat 
Government,  by  its  arbitrary  impositions  had  endangered  or  de- 
stroyed the  very  objects  for  the  protection  of  which  it  had  been 
instituted. 

Should  such  a  case  ever  occur,  on  the  administration  who  should 
usurp  powers  and  violate  such  sacred  obligations,  must  rest  the 
odium  of  having  hazarded  a  government  "  so  safe,  so  reasonable 
and  so  be3^ond  every  thing  else  essential  to  the  liberty  and  happi- 
ness of  our  fellow  citizens." 

Although  the  history  of  the  first  twelve  years  of  our  Federal 
Government  abundantly  proves  that  no  administration,  however, 
wise  and  happy  can  be  satisfactory  to  all  our  citizens,  yet  have 
the  people,  at  all  times,  and  under  all  administrations,  an  un- 
doubted right  to  insist  that  neither  the  letter  nor  spirit  of  the 
constitution  shall  be  violated.  And  most  certainly  the  policy  and 
capacity  of  that  administration  may  be  questioned,  which  in  a  fe^v 
years  has  reduced  this  great,  active  and  enterprizing  nation,  from 
an  unexampled  height  of  commercial  prosperity,  to  comparative 
poverty  and  idleness.  Assuredly  that  administration  which  meets 
aggression  only  with  retirement  and  non-intercourse  laws,  never 
can  acquire  the  confidence  of  a  commercial  people,  and  never  will 
aflford  any  security  against  violence,  injustice  and  depredation^  To 
the  present  administration  is  the  country  indebted  for  a  system  of 
measures  as  novel  as  it  is  imbecile,  as  weak  against  foreign  nations 
as  it  is  oppressive  and  ruinous  to  our  own. 

The  House  of  Representatives  certainly  have  no  disposition  to 
assume  the  direction  of  those  aflairs,  the  management  of  which  has 
been  so  properly  confided  to  the  General  Government ;  yet  upon 
this  occasion  it  may  not  be  deemed  impro])er  to  observe,  that,  from 
the  scanty  information  which  has  been  suffered  to  escape,  they  can- 
not discern  in  the  situation  of  our  foreign  relations,  any  difiicultits 
or  embarrassments  which  have  not  heretefore  been  successfaliy  en- 
countered by  former  administrations  of  our  government.-— During 
the  administration  of  Washington  and  Adams,  circumstances  of 
much  greater  political  embarrassment  were  met  vith  a  steady  eje,, 
and  firm  and  vigorous  purpose.     Negotiations  with  both  the  grer.t 


240  ANSWER  OF  THE  HOUSE. 

contending  powers  of  Europe  were  commenced,  and  by  a  steady- 
adherence  to  the  just  rights  of  our  nation,  with  an  active  preparation 
to  use  force,  when  negotiation  failed,  the  patriots  of  that  day  suc- 
cessfully repelled  every  unjust  pretension,  while  they  preserved  tlie 
honour,  as  well  as  the  resources  and  prosperity  of  their  fellow  citi. 
zens — The  House  of  Representatives,  therefore,  cannot  doubt, 
that  the  same  measures  resorted  to  with  the  same  spirit  and  good 
hah,  wo.;)d  effect  now  what  they  did  then,  the  protection  instead 
of  the  annj  .iiation  of  our  commerce— die  preservation  instead  of 
the  abandonn;:'it  of  the  nation's  honour. 

It  cannot  be  denied,  that  jealousy  and  distrust  have  arisen  among 
the  people  of  Massachusetts,  and  much  it  is  to  be  regretted,  that 
!■  /"v  have  been  so  well  founded.  A  system  of  policy  ruinous  to 
ti.^.r  interests,  and  uncongenial  to  their  enterprising  spirit-.-a  sys- 
tem lor  which  the  administration  has  yet,  in  out  opinion,  assigned 
no  adequate  reason,  has  borne  most  heavily  and  unequally  on  die 
northern  and  commercial  States.  For  relief  from  this  oppression 
the  people  fondly  looked  to  the  meeting  of  Congress  ,---but  alas ! 
Iiow fatally  have  their  hopes  been  blasted:-— Their  humble  prayers 
have  been  answered  by  an  act  so  arbitrary  and  oppressive,  that  it 
violates  the  first  principles  of  civil  liberty,  and  the  fundamental 
provisions  of  the  Constitution.  At  such  a  moment,  and  under  such 
a  pressure,  when  every  thing  which  freemen  hold  dear,  is  at  stake, 
it  cannot  be  expected  and  it  ought  not  to  be  wished,  that  they 
should  suffer  in  silence.  The  House  of  Representatives  cannot  ad- 
mit that  laws  which  operate  unequally  are  unavoidable. ---The  gov- 
ernment, in  their  opinion,  has  no  right  to  sacrifice  the  interests  of 
one  section  of  the  Union  to  the  prejudices,  partialities,  or  con\en- 
ience,  of  another. 

We  perfectly  agree  with  your  Honour  in  the  general  principle 
that,  in  a  free  government,  the  majority  must  determine  and  decide 
lu^on  ail  existing  or  projected  measures. — But  it  will  be  recollect- 
ed, that  the  decision  of  that  majority,  to  be  binding,  must  be  con- 
stitutional and  just.  Government  is  formed  for  the  security  of  the 
citizen,  and  the  protection  of  its  rights,  ^^^heneve^  his  liberty  ib 
infringed,  his  rights  violated  or  unprotected,  if  not  absolved  from 
his  aliegi:mce,  he  may  demand  redress,  and  take  all  lawful  measures 
to  obtain  it. 

Jt  is  impossible  for  the  House  of  Representati\es  to  follow  the 
very  wide  and  extended  range  of  political  remark  through  \\hich  it 
has  pleased  your  Honour  to  expatiate. — The  limits  w  hich  time  and 
duty  prescribe^  necessarily  confine  our  observations  to  a  few  of  tiie 
most  prominent  features  of  your  Honour's  elaborate  address. — 
±"nose  individual  indiscretions,  and  that  rashness  of  sentiment  and 
action,  which  have  so  justly  incurred  your  Honour's  censure,  asqp. 


ANSWER  OF  THE  HOUSE.  241 

posing  a  vital  movement  of  the  body  politick,  appear  to  indicate 
with  precision  that  period  of  our  federal  history,  in  which  an  insur- 
rection fomented  by  those  who  assumed  to  themselves  exckisively 
the  denomination  of  republicans,  and  aided  by  the  machinations  of 
French  intrigue,  had  nearly  prostrated  the  national  government.--- 
Thanks  to  the  friends  of  the  Constitution,  with  the  beloved  Wash- 
ington at  their  head,  they  protected  by  their  valour  in  the  field, 
what  their  wisdom  in  the  cabinet  had  created.  We  trust,  Sir,  that 
there  is  now  no  danger  of  a  repetition  of  those  scenes  of  licentious 
riot  and  rebellion.  We  perfectly  accord  in  sentiment  with  your 
Honour,  "  that  to  suggest  such  things  of  New- England  is  not  less 
a  libel  on  tlie  morals  and  understanding  of  its  inhabitants,  than  on 
their  patriotism ;"  their  character  is  not  marked  with  "  propensities 
to  disorder,  outrage  and  blood."  If  such  characters  exist  any 
where  in  the  United  States,  they  are  not  to  be  found  among  the 
peaceful  and  industrious  citizens  of  New- England. 

The  early  habits^  and  constant  practice  of  our  fathers  and  our- 
selves have  led  us  on  every  great  emergency,  and  on  the  pressure 
of  political  calamities,  to  resort  to  town  meetings  wherein  the  gene- 
ral sense  of  the  people  might  be  collected.  This  practice,  so  whole- 
some and  salutary  was  one  of  the  most  influential  means  employ- 
ed in  bringing  about  that  glorious  revolution  which  established  our 
independence.  It  was  against  these  meetings,  therefore,  that  the 
strong  arm  of  royal  power  was  elevated,  in  the  year  1774,  and  they 
were  prohibited  under  severe  penalties.  Had  the  British  ministr}'- 
of  that  day  attended  to  the  voice  of  the  people,  so  expressed,  they 
would  have  avoided  the  evils,  which  they  had  afterwards  so  much 
reason  to  deplore.  The  expression  of  the  publick  sentiment  has 
become  necessary  to  counteract  the  errours  and  misrepresentations 
of  those  v/ho  have  falsely  inculcated  upon  the  administration  of  the 
general  government,  a  belief  that  the  measures  they  were  pursuing 
were  satisfactory  to  the  people.  From  the  suppression  of  these 
meetings  would  liberty  have  more  to  apprehend  than  from  any  oth- 
er cause  whatever.  From  such  a  cause,  should  we  most  dread 
*'  the  overturning  the  splendid  edifice  erected  by  the  wisdom  ai  d 
valour  of  our  fathers."  A  privilege  so  wisely  secured  by  our  Con- 
stitution, we  cannot  hesitate  to  declare,  the  citizens  of  Massachu- 
setts will  never  resign. 

We  are  perfectly  aware  that  "  misrepresentations,  groundless 
suspicions,  violent  and  indiscriminate  abuse,"  are  the  rank  weeds 
of  a  free  government  and  an  unrestricted  press.  Perhaps  no  coun- 
try has  afforded  more  fatal  examples  of  such  misrepi  esentations, 
than  our  own.  It  is  by  the  use  ot  such  means  that  factious  and 
designing  men  always  rise  to  power.  The  instructive  page  of  his- 
tory is  crowded  ^.vith  examples.     In  some  countries  v/e  have  seen 

/ 


242  ANSWER  OF  THE  HOUSE. 

political  partisans  clandestinely  supporting  these  vehicles  of  slande? 
and  calumny ; — by  their  agency  blackening  the  reputation  of  a 
meritorious  and  successful  rival,  for  whom  in  the  face  of  the  world 
they  professed  the  greatest  personal  consideration  and  respect.  The 
object  once  gained,  however,  it  has  ahv^ays  been  the  practice  of  low 
ambition  to  disavow  the  means  by  which  it  mounted.  In  our  coun- 
try we  congratulate  your  Honour  that  every  citizen  has  a  temple  of 
refuge  in  the  laws.  To  these  and  an  independent  jury  he  may 
safely  flee  for  protection  from  the  poisonous  breath  of  political  slan- 
der and  detraction. 

In  the  description  which  your  Honour  has  drawn  of  the  situa- 
tion of  our  country  previous  to  the  adoption  of  the  Federal  Consti- 
tution,  we  cannot  but  observe  the  very  strong  resemblance  which 
it  bears  to  the  picture  of  the  present  times.     "  Our  government 
humbled  and  inefficient,  our  union  a  thread,  our  commerce  unpro- 
tected, our  re\ enue  nothing,  indi\iduals  embarrassed,  grievances 
complained  of,  our  rulers  censured,  town  and  county  resolutions 
published,  combinations  formed,  non  compliance  with  the  laws  an- 
nounced, property  sold  for  one  third  its  value,  the  insolvent  im- 
prisoned, and  the  courts  of  justice  stopped  ;"  that  this  description 
applies  to  the  present  state  of  parts  if  not  the  whole  of  our  country 
we  believe  will  not  be  denied.     Whence  comes  it  that  from  a  state 
of  the  most  flourishing  prosperity  a  few  months  should  have  pro- 
duced a  change  so  truly  astonishing?  It  is  not  in  the  restless  anc 
unsteady  habits  of  a  people,  till  lately  contented  and  happy,  thalJ 
we  must  look  for  the  causes  of  these  frightful  calamities ; — it  is  in 
the  pernicious  and  dreadful  consequences  of  this  shallow  system  of" 
Embargo  and  Non  Intercourse,  that  we  shall  find  the  fruitful  source 
of  our  countrv 's  ruin.     We  do  most  sincerely  hope  that  neither 
Virginia  or  any  other  state  may  ever  succeed  in  "  dictating  meas- 
ures to  Congress  and  by  a  convulsed  state  of  things    force   their 
adoption."  However,  such  an  usurpation  might  from  various  caus- 
es endure  for  a  time,  the  returning  good  sense  of  the  people  M'ould 
eventually  restore  the   equilibrium  and  effectually  pre^■ent   those 
tempestuous  scenes  which  your  Honour  has  so  eloquently  describ- 
ed.    "  The  importance  and  the  interesting  and  perilous  nature  of 
the  crisis"  have  excited  the  most  alarming  reflections  in  our  minds, 
and  we  doubt  not  that  every  member  of  the  Legislature  will  devote 
himself  to  the  arduous  yet  necessary  duty  of  "  devising  some  re- , 
conciling  expedient  to  quiet  the  agitated  minds  of  our  citizens,'* 
and  relieve  them  from  the  weight  of  these  unconstitutional  restricT 
tions. 

The  Flouse  of  Representatives  derive  peculiar  satisfaction  from 
contemplating  the  patriotism,  order  and  discipline  of  our  militia, 
and  look  with  confidenpe  to  this  establishment  for  a  sure  defence. 


ANSWER  OF  THE  HOUSE.  MS 

•f  their  country  and  its  rights. — Such  a  buhvark  will  always  ren- 
der "  standing  armies  in  time  of  peace"  unnecessary  for  protection  ; 
and  inadequate  for  usurpation  or  subjection  at  any  time.  So  long 
as  the  militia  system  shall  be  deemed  susceptible  of  improvement, 
so  long  will  it  be  the  favourite  object  of  Legislative  aid  and  shall 
meet  the  early  and  persevering  attention  of  the  House  of  Represen- 
tatives. So  far  as  it  lies  in  our  power  wc  will  take  care  that  it  shall 
be  "  capable  of  moving  and  being  moved  w  ithout  mortifying  de- 
lays and  dangerous  collisions."  Nothing  will  more  subserve  tliis 
desirable  end  than  the  preservation  of  that  discipline  upon  Vvhich 
depends  the  regulai'ity  and  precision  of  all  military  movements.  A 
vigilant  regard  also  to  those  military  judgments,  (upon  which  de- 
pend the  pride  and  honour  of  a  soldier)  will  tend  greatly  to  inspire 
confidence  in  our  officers,  to  procure  obedience  in  their  men,  and 
restore  to  the  system  that  harmony  which  constitutes  its  perfec- 
tion. 

The  House  of  Representatives  have  remtirked,  with  much  anxie- 
ty, an  evil  of  growing  magnitude  in  the  accumulation  of  depreciat- 
ed and  counterfeited  bank  bills ; — -the alarming  height  to 'uhich this 
evil  has  iirisen,  loudly  calls  for  some  remedy ;  and  although  "  the 
want  of  a  foreign  market  for  the  produce  of  our  fai-ms,"  and  the  to- 
tal suspension  of  our  commerce,  aftbrd  fev/er  opportunities  for  wit- 
nessing impositions,  yet  no  doubt  the  number  of  persons  who  re- 
sort to  dishonest  practices,  with  our  paper  currency,  is  much  in- 
creased by  the  peculiar  situation  of  the  country.  That  ingenuit}^ 
which  is  driven  from  the  pursuits  of  honest  industry  and  labour, 
frequently  seeks  a  refuge  from  poverty  in  the  paths  of  vice. 

It  always  has  been  the  practice  of  the  Legislature  of  Massachu- 
setts, to  extend  the  fostering  hand  of  encouragement  to  all  manu- 
factures, undertaken  Vv^ithin  the  Commonwealth,  with  an}'  prospect 
of  success,  or  publick  utility.  The  House  of  Representatives  \^  ill 
be  happy  upon  every  fair  occasion,  to  continue  this  laudable  cus- 
tom, and  will  seize  the  earliest  moment,  which  is  free  from  other 
occupation,  to  deliberate  upon  this  important  subject,-  and  to  devise 
such  plans  as  will  best  promote  the  object  in  view. 

Good  publick  roads  certainly  afford  very  great  facilities  to  iius- 
bandry,  commerce  and  manufactures :  and  Massachusetts  in  this 
respect,  is  not  behind  any  portion  of  the  United  States.  It  is  mat- 
ter of  much  satisfliction  to  the  House  of  Representatives  that  these 
advantages  have  been  obtained  by  the  voluntary  exertions  and  en- 
terprise  of  our  fellow  citizens,  without  resorting  to  tlic  General 
Government  for  any  aid  from  that  superfluous  wealth  with  vrhicli 
we  are  officially  informed,  the  national  treasury  oversows.  In  a 
period  of  general  prosperity,  encouragement  to  the  ornamental 
planting  of  our  public  roads  would  certamlv  be  entitled  to  some  at- 


244  ANSWER  OF  THE  HOUSE. 

tention  from  the  Leg'islature,  but  at  this  awful  crisis,  when  our  very* 
existence  as  a  nition  is  almost  in  question,  it  is  respectfully  sub- 
mitted to  your  Honour,  vvdiether  the  occupation  of  much  time  on 
this  subject  might  not  be  considered  by  our  constituents  as  trifling 
with  the  public  k  expectations. 

To  cherish  the  interests  of  literature,  at  all  times,  and  under  all 
circumstances,  the  House  of  Representatives  will  consider  among 
the  first  and  most  pleasing  of  their  duties.  Upon  this  subject  we 
shall  always  be  ready  most  cheerfully  to  co-operate  with  yonr  Hon- 
ou]-. 

The  Hf^use  of  Representatives  accept  with  gratitude,  and  recip- 
rocate v/ith  perfect  sincerity,  the  wish  which  forms  the  conclusion  ol 
your  Honour's  address,  and  prays  your  Honour  to  be  convinced 
that  nohing,  on  their  part,  shall  be  wanting  to  bring  the  session  tc 
a  tcniiiuauoii  coixaistent  with  tlie  wish  so  devoutly  expressed. 


RESOLVES- 


ccxxxv. 

^Hesoive  granting  Jacob  Kiihn  Three  hundred  and  ffty  dollars  to  pur- 
chase nccessarif  articles  for  the  Council  and  hegislature.  Jan. 
28^  1809. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Treasury  of 
this  Commonwealth  to  Jacob  Kuhn,  messenger  of  the  General 
Court,  Three  hundred  and  fifty  dollars,  to  enable  him  to  purchase 
such  articles  as  may  be  necessary  for  the  Honourable  Council  and 
both  Houses  of  the  legislature,  he  to  be  accountable  for  the  expen- 
diture of  the  same. 

CCXXXVI. 

Ilesolve  directing  the  Treasurer  to  make  a  sfafejnent  of  his  accounts 
to  January  1,  1809.     Jan.  31,   1809. 

Resohed,  That  the  Treasurer  be,  and  he  is  hereby  directed  to 
lay  before  the  Senate  and  the  House  of  Representatives  of  thij 
Commonwealth,  a  statement  of  the  accounts  of  the  Treasury  to  the 
first  of  the  present  month  of  January,  as  soon  as  may  be, 

CCXXXVIL 

Resolve  granting  Moses  Stone,  jun.  One  hundred  and  fifftf  dollars ^ 
and  a  pension  of' four  dollars  per  month.     Jan.  31,  1809. 

On  petition  of  Moses  Stone,  jun.  a  soldier  in  a  company  of  cav- 
alry in  the  first  brigade  and  third  division  of  the  militia,  praying 
for  compensation  for  injuries  sustained  in  the  accidental  discharge 
of  a  pistol. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Treasury' 
of  this  Commonwealth,  to  the  said  Moses  Stone,  jun.  in  conse- 
quence of  his  having  lost  his  left  eye,  and  sustained  other  injuries, 
by  the  accidental  discharge  of  a  pistol,  while  oii  military  duty,  on 
tiiie  twenty  seventh  day  of  September  last,  tlie  sum  of  on©  hundreiH 
Ff 


246  RESOLVES,  Jan.  31,  1809. 

and  fifty  dollars,  to  enable  him  to  pay  doctors,  nurses,  and  other 
expenses  arising  from  the  said  misfortune,  and  an  annuity,  or  pen- 
sion, of  four  dollars  per  month  during  his  natural  life ;  to  com- 
mence from  said  twenty  seventh  day  of  September. 

CCXXXVIII. 

Resolve  for  acldresswfr  a  letter  Jrom  the  txvo  Houses  to  Mrs.  Mar- 
tha Sullivan,  on  the  death  of  the  late  Governour,  ^c.  Jan.  31. 
1809. 

Whereas,  it  has  pleased  the  Almighty  Ruler  of  the  Universe,  to 
remove  from  this  life.  His  Excellency  James  Sullivan,  Esq.  late 
Governour  of  this  Commonwealth. 

Resolved^  That  the  members  of  the  Legislature  recogTiize  with 
lively  sensibility  his  patriotism  and  his  talents,  and  in  testimony  of 
their  regret  for  the  loss  of  him  their  Chief  Magistrate,  will  weiu*  a 
black  crape  on  the  left  arm  the  remainder  of  the  present  session — 
and  that  the  Honourable  the  President  of  the  Senate,  and  the  Hon- 
ourable the  S[)eaker  of  the  House  of  Repn  sentatives,  address  a 
respectful  letter  to  Mrs,  Martha  Sullivan,  Avid  nv  of  ihe  deceased, 
in  behalf  of  the  Legislature,  expressive  of  their  symi)athy  Avith  her, 
and  the  bereaved  family — and  that  they  enclose  dierein  a  copy  of 
this  resolve. 

CCXXXIX. 

Resolve  discharging-  Jonathan  Z.  Justin^  Esq.  late  Secretary,  of 
Three  hundred  dollars,  upon  his  paying  the  Treasurer  the  balance 
of  Thirty  eight  Dollars.     Feb.  4,  1809. 

Resolved,  That  the  Treasurer  of  the  Commonwealth  be,  and  he 
hereby  is  directed  to  receive  from  Jonathan  L.  Austin,  Esq.  late 
Secretary  of  this  Commonwealth,  the  sum  of  Thirty  eight  dollars, 
it  being  the  balance  of  Three  hundred  doUa-s  granted  by  a  resolve 
of  the  20th  June,  1807,  for  the  pay  of  assistant  Clerks  in  the  Secre- 
tary's office — and  tliat  said  Austin  be  discharged  from  all  demands 
on  account  of  said  sum  of  Tlii'ee  hundred  dollai's. 

CCXL. 

Resolve  dischargijig  Orange  Gleason,  and  John  Rollins  from  iinpris- 
I     onment  on  two  several  executions.     Feb.  7,  1809. 

On  the  scA'cral  petitions  of  Orange  Gleason,  of  Boston,  in  the 
county  of  Suffolk,  Truckman,  and  of  John  Rollins,  of  tlie  same 


RESOLVES,  Feb.  10,  1809.  247 

Boston,  Labourer,  praying  that  certain  judgments  rendered  against 
them  severally,  in  favour  of  this  Commonwealth,  may  be  released, 
and  tliat  they  may  be  discharged  from  imprisonment  on  the  several 
executions  issued  on  the  same  judgments,  and  on  which  executions 
they  are  now  confined  in  the  goal  of  the  county  of  Snlfolk. 

RecolvecU  That  this  Commonwealth  release  forever  the  said  Or- 
ange Gleason,  and  John  Rollins  from  the  several  judgments  render- 
ed  against  them  severally,  as  stated  in  their  several  petitions,  and 
that  they  be  discharged  from  longer  imprisonment  on  the  several 
executions  awarded  and  issued  on  the  same  judgment,  against  them 
severally. 


CCXLL 


Resolve  for  paying  the  memhers  of  the  Council  and  Legislature,  Uc^ 

Feb.  8,  1809. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Treasury  of 
this  Commonwealth,  to  each  member  of  the  Council,  Senate,  and 
House  of  Representatives,  Two  dollars  per  day  for  each  day's  at- 
tendance the  present  session,  and  the  like  sum  for  every  ten  miles 
distance  from  their  respective  places  of  abode  to  the  place  of  the 
setting  of  the  General  Court. 

And  be  it  further  resolved.  That  there  be  paid  to  the  President  of 
the  Senate,  and  Speaker  of  the  House  of  Representatives,  each, 
Two  dollars  per  day,  for  each  and  every  day's  attendance,  over  and. 
above  their  pay  as  members. 

CCXLIL 

Resolve  on  the  petition  of  Samuel  Parker.     Feb.  10,  1809. 

Upon  the  petition  of  Samuel  Parker,  praying  to  be  restored  to 
the  benefit  of  an  act,  entitled  "an  act  for  limithig  the  time  within 
which  suits  may  be  prosecuted  against  Executors  and  Administra- 
tors, and  for  perpetuating  the  evidence  of  notice  given  by  them, 
and  by  Guardians  and  others  respecting  the  sale  of  real  estate." 

Resolved,  for  the  reasons  set  forth  in  said  petition,  that  upon  the 
said  Parker's  posting  up  in  two  or  more  publick  places  in  Pepper- 
ell,  in  the  county  of  Middlesex,  due  notice  of  his  having  been  ap- 
pointed administrator  of  the  goods  and  estate  of  Simon  Gilson,  late 
of  said  Pepperell,  deceased,  and  of  his  acceptance  of  said  trust,  and 
also  inserting  the  same  notice  in  the  newspaper  printed  in  Boston 
by  Adams  &  Rhodes,  three  weeks  successively  before  the  first  d:;y 
of  April  next,  and  upon  his  making  and  filing  in  tlic  Probate  Coinrt 


248  RESOLVES,  Feb.  14,  180  f. 

f(.r  said  county  before  the  first  day  of  June  next,  an  affidavit  of  his 
h..viiij^  given  such  notice,  accompanied  with  an  orii»;iniil  notifica- 
tit)n,  or  a  copy  thereof,  of  his  having  undertaken  said  trust,  he  the 
said  Parker  shall  be  entitled  to  all  the  benefits  of  the  said  act  in  as 
full  and  ample  manner  to  all  intents  and  purposes  as  if  notice  had 
been  given  of  his  said  appointment  and  afiidavit  thereof  filed  in  said 
Probate  Court  within  the  time  and  in  the  manner  limited  and  pre- 
scribed by  the  said  act,  except  that  no  creditor  of  the  estate  of  the 
said  Simon  deceased,  shall  be  btircd  by  the  provibions  of  the  third 
section  of  said  act  from  prosecuting  any  suit  ag'ip.st  the  said  ad- 
ministrator,  which  shall  be  commenced  at  any  time  wiUiin  tiii'ec 
years  from  the  first  day  of  May  next. 

CCXLIII. 

Jflcsolve  on  the  memorial  of  Ba:lni  JIall,  keeper  of  Plymouth  Goal. 

Feb.  11,  1809. 

Tiesolvedy  That  the  keeper  of  the  Commonwealth's  Goal  in 
Plymouth,  in  the  County  of  PI} mouth,  be,  and  he  hereby  is  di- 
rected to  liberate  and  discharge  Daniel  Croaker,  jun.  from  his  con- 
finement in  said  Goal,  upon  the  warrant  of  distress  issued  against 
liim  by  the  Treasurer  of  this  Commonwealth,  upon  said  Croaker* 
paying  legal  costs  and  fees, 

CCXLIV. 

jResolve  on  the  petition  of  John  TVarren,  allowing  further  time  /# 
settle  Township  No.  4.     Feb.  11,  1809. 

On  the  petition  of  John  Warren  :  Resohed^  For  reasons  set 
foith  in  said  petition,  that  a  further  time  of  four  yeai's  from  the 
fi  ^t  day  of  June  next,  be,  and  hereby  is  allowed  to  the  said  John 
W  ;rren,  his  heirs  or  assigns  to  complete  his  settling  duty  in  Town- 
£  ip  numl  e-  four,  in  the  fourth  range  of  Townships  north  of  the 
Waldo  patent;  and  if  said  John  W^arren,  his  heirs  or  assigns,  shall 
within  said  term  of  four  years  from  the  first  day  of  June  next,  set- 
tle upon  said  Township,  the  number  of  families,  in  his  deed  and 
grant  fx pressed,  then  the  estate,  right  and  title  thereto,  of  the  said 
John  Warren,  his  heirs,  and  assig:ns,  shall  be  valid  and  effectual  to 
ell  intents  and  purposes;  Provided  nevertheless^  Thattlie  said  John 
Warren,  shall  on  or  before  the  first  day  of  October  next,  give  bond 
to  this  Commonwealth  in  the  sum  of  One  thousand  dollars,  condi- 
tioned that  the  said  settling  duty  shall  be  fully  completed  in  said 
Township,  within  said  term  of  four  years  from  the  first  day  of  Jun« 


IIESOLVES,  Feb.  11,  1809.  249 

^ext — or  pay  to  the  Commonwealth  thirty  dollars  for  each  family, 
which  bhail  then  be  deficient  of  the  whole  number. 

CCXLV. 

¥lesolve  on   the  petition  oj' Daniel  Davisy  Esq.   Solicitor  General. 

Feb.  11,  1809. 

On  the  petition  of  Daniel  Davis,  Esq.  Solicitor  General,  stat- 
ing the  great  and  increasing  labours  and  expenses  attending  the 
duties  of  his  office,  and  praying  the  Legislature  to  taJce  his  case 
into  consideration  and  grant  him  such  sum  in  addition  to  his  sal- 
ary established  by  law,  as  they  may  think  just  and  reasonable. 

Resolved.,  For  reasons  set  forth  in  said  petition,  That  there  be 
allowed  and  paid  out  of  the  publick  Treasury,  to  Daniel  Davis, 
Esq.  Solicitor  General,  the  sum  of  six  hundred  and  thirty  five  dol- 
lars, in  addition  to  his  salary  established  by  law,  in  full  for  his  ser- 
vices as  aforesaid  to  the  first  day  of  March,  1809. 

CCXLVI. 

Resolve  on  the  petition  of  John  Hodgdon.,  granting  him  further  time 
to  perform  the  settiui'^  duties  on  a  half  Township.,  in  the  district 
of  Maine.     i'>6.  11,  1809. 

On  the  petition  of  John  Hodgdon,  the  proprietor  of  the  half 
Township  of  land,  laid  out  on  the  easterly  line  of  the  Distiict  of 
Maine,  and  granted  to  the  Trustees  of  Groton  Academy,  by  a  re- 
solve of  the  General  Court,  passed  the  twenty  seventh  day  of  Feb- 
ruary, in  the  year  of  our  Lord,  seventeen  hundred  and  ninety 
seven. 

Resolved,  for  reasons  set  forth  in  said  petition,  that  a  further  time 
of  four  years  from  and  after  the  first  day  of  June  next,  be  and  here- 
by is  allowed  to  the  said  John  Hodgdon,  his  heirs,  or  assigns,  to 
perform  the  settling  duties,  which  in  the  grant  or  deed  of  the  hijf 
Township,  are  specified  and  required — and  if  the  said  John  Hodg- 
don, his  heirs,  or  assigns,  shall  settle  upon  the  said  half  Township, 
within  the  said  time,  the  number  of  families  in  said  deed  or 
grant  expressed  and  required,  that  then  the  estate,  right  and  title 
thereto  of  the  said  John  Hodgdon,  his  heirs  and  assigns,  shall  be 
as  valid  and  effectual,  to  all  intents  and  purposes,  as  if  the  said  con- 
ditions of  settlement  had  been  fully  and  seasonably  complied  with  : 
Provided  nevertheless.,  That  the  said  John  Hodgdon  shall,  on  or  be- 
fore the  first  day  of  October  next,  give  bond  to  this  Common- 
wealthy  in  the  sum  of  One  thousand  doUars,  with  sufficient  surety 


250  RESOLVES,  Feb.  11,  1809. 

or  sureties,  to  the  satisfaction  of  the  committee  for  the  sale  of  east- 
ern lands,  conditioned,  that  there  shall  be  settled  on  the  said  half 
Township,  the  full  number  of  families  expressed  in  the  original 
deed,  within  the  aforesaid  term  of  four  years  from  the  first  day  of 
June  next,  or  pay  to  the  Commonwealth  thirty  dollars  for  each 
family  that  shall  then  be  deficient  of  the  whole  number. 

^Jnd  be  it  further  resolved^   That  John  Hodgdon  and  Nathaniel 
IngersoU,  the  proprietors  of  the  half  Township  of  land  in  the  Dis- 
,  trict  of  Maine,  granted  to  the  Trustees  of  Westford  Academ}-,  be, 
and  they  are  hereby  allowed  the  further  time  of  four  years   from 
and  after  the  first  day  of  June  next,  to  perform  the  settling  duties, 
which,  in  the  giant  or  deed  of  the  said  half  Township,  are  specifi- 
ed and  required.     And  if  the  said  John  Hodgdon  and  Nathaniel 
IngersoU,  their  heirs,   or  assigns,  shall  settle  upon  the   said  half 
Township,  within   the   said  time,  the   number  of  families  in   said 
deed  or  grant  expressed  and  required,  that   then  the  estate,  right 
and  title  thereto,  of  the   said  John  Hodgdon  and  Nathaniel  Inger- 
soU, their  heirs  and  assigns,  shall  be  as  valid,  full  and  effectual,  to  all 
intents  and  purposes,  as  if  the  said  conditions  of  settlements  had 
been  fully  and  seasonably  complied  with .   Provided  nevertheless. 
That  the   said  John  Hodgdon  and  Nathaniel  IngersoU,   their  heirs 
or  assigns,  or  either  of  them,  shall,  on  or  before  the  first  day  of 
October  next,  give  bond  to  this  Commonwealth,  in  the  sum  of 
One  thousand  dollars,  with  sufficient  surety  or  sureties,  to  the  sat- 
isfaction of  the  committee  for  the  sale  of  Eastern  lands,  condition- 
ed, that  there  shall  be  settled  on  the  said  half  To\vnship,  the  full 
number  of  families  expressed  in  the  original  deed,  widiin  the  afore- 
said term  of  four  years  from  the  first  day  of  June  next,  or  pay  to 
the  Commonwealth  thirty  dollars  for  each  family  which  shall  then 
be  deficient  of  the  w  hole  number. 

CCXLVII. 

Resolve  ganting  Moses   Thomas,  a  Deputy  Sheriff  in  Worcester 
county.  Six  dollars ^  thirty  one  cents.     Feb.  14,  1809. 

On  the  petition  of  Moses  Thomas,  a  Deputy  Sheriff,  stating, 
that  on  the  seventeenth  day  of  August,  in  the  year  of  our  Lord, 
one  thousand  eight  hundred  and  tM  o,  by  virtue  of  a  warrant  put 
into  his  hands,  issued  on  the  complaint  of  Henry  Brigham,  of  Bar- 
re,  and  Abigail  Wait,  of  Sterling,  both  in  the  county  of  Worcester^ 
against  David  Wait,  of  said  Sterling,  a  Lunatick  or  furiously  mad- 
man, he,  the  said  Thomas,  arrested  said  David  Wait  according  to  the 
tenor  of  said  warrant,  and  conimitted  him  to  the  goal  in  Worcester 
— that  after  having  made  due  return  of  said  warrant,  he  applied  t#' 


RESOLVES,  Feb.  18,  1808.  251 

the  then  Court  of  General  Sessions  of  the  Peace  in  the  county  of 
Worcester,  for  payment  for  the  service  aforesaid,  but  that  the  said 
Court  of  Sessions  refused  to  pay  him  therefor,  alledging-  that  the 
Statute  of  tlie  Commonwealth  made  no  provision  for  the  same— - 
and  praying  the  General  Court  that  payment  be  allowed  him  lor 
said  service. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Treasury  of 
this  Commonwealth  to  the  said  Moses  "I'homas,  the  sum  of  six 
dollars  and  thirty  one  cents  in  payment  for  the  service  set  forth  in 
his  said  petition. 

CCXLVIII. 

Resolve  for  granting  Ephraim  Brown  twenty-jive  dollars,  and  Syl- 
vester Maxwell  fifteen  dollars,     Feb.   18,   1809. 

On  the  petition  of  Ephraim  Brown  and  Sylvester  Maxwell,  pray- 
ing for  indemnification  for  time  and  money  expended  in  detecting 
sundry  persons  in  bringing  counterfeit  Bank  Bills  into  this  Com^ 
monwealth,  and  putting  the  same  into  circulation  : 

Resolved,  That  there  be  allowed  and  paid  out  of  the  publick 
treasury,  to  Ephraim  Brown  the  sum  of  twenty-five  dollars,  and  to 
Sylvester  Maxwell  fifteen  dollars,  in  full  satisfaction  for  their  ser- 
vices as  set  forth  in  their  petition. 

CCXLIX. 

Resolve  on  the  petition  of  JVdliam  Simon.     Feb.  Ig,  1809. 

On  the  petition  of  William  Simon,  of  New  Bedford  in  the 
county  of  Bristol,  (Indian  man)  praying  that  his  land  in  Middle- 
borough  may  be  sold,  and  tlie  proceeds  thereof  be  placed  in  the 
hands  of  the  Selectmen,  and  overseers  of  the  poor  of  said  New- 
Bedford,  and  their  successors  in  those  offices. 

Resolved,  For  reasons  set  forth  in  said  petition,  that  Aldea 
Spooner,  Roger  Haskell,  and  Thomas  Nye,  jun.  Selectmen  and 
overseers  of  poor  of  said  New-Bedford,  and  their  successors  in 
said  offices,  be,  and  hereby  are  authorized  and  impowered  to  sclt 
all  the  right,  and  interest,  that  the  said  Simon  holds  in  a  tract  of 
land  situated  in  the  southerly  part  of  Middleborough,  (being  in 
common  and  undivided  with  others)  and  they  are  to""  advertise  the 
time  and  jjlace  of  sale  at  least  thirty  days  previous  to  the  day  of 
sale,  iii  the  towns  of  New-Bedford  and  Middleborough,  on  such 
condiuons  as  said  selectmen  aijd  o\'erseers  of  the  poor,  may  judge 


952  RESOLVES,  Feb.  18,  1809. 

■will  be  most  for  the  interest  of  said  Simon,  and  to  make  and  ex* 
ecute  a  p;ood  and  effectual  deed  or  deeds  of  the  same,  iuid  said  se- 
lectmen and  overseers  of  poor,  shall  put  the  proceeds  of  the  sale 
of  said  Simon's  lands  at  interest,  on  good  security,  and  the  same 
shall  be  applied  for  the  comfort  and  support  of  the  said  Simon  and 
his  famil  V',  as  they  may  stand  in  need ;  and  the  said  selectmen  and 
overseers  of  poor  shall  lay  their  accounts  of  advances  made  to  said 
Simon  or  his  family,  before  the  committee  of  accounts  of  the 
town  of  New-Bedford,  annually,  \\  hose  duty  jt  shall  be,  to  allovr 
the  whole,  or  in  part,  as  they  shall  think  proper  ;  and  said  town's 
committee  shall  keep  the  account  of  said  Simon  distinct  from  the 
town  accounts. 

^nd  be  it  further  resolved,  That  John  Tiiickham,  Esq.  who 
has  been  appointed  by  a  resolve  of  the  General  Court,  agent  for 
said  William  Simon  and  Benjamin  Simon,  for  a  certain  purpose, 
be,  and  hereby  is  discharged  from  any  further  agency  in  the  said 
William  Simon's  concerns  of  wh'dX  nature  soever. 

CCL. 

Resolve  confirming  doings  in  Lynn  toivn  meeting.     Feb.  18,   1809. 

On  the  petition  of  the  inhabitants  of  the  town  of  Lynn. 

Resolved,  That  all  town  meetings  in  the  town  of  L\'nn,  which 
have  heretofore  been  called,  and  held,  by  the  town  clerk  by  order 
of  the  Selectmen,  or  by  the  Selectmen  by  notifications  not  under 
seals,  and  all  the  proceedings  of  the  legal  voters  of  said  town  which 
have  been  hud  in  pursuance  of  such  notifications,  be,  and  herebr 
are  ratified  and  confirmed  in  the  same  manner,  as  if  the  bv^id  noti- 
fications had  been  by  warrants  according  to  law. 

CCLL 

Resolve  allowing  furt/ier  time  to  Asa  afid  Nathaniel  Rend  to   dis- 
charge a  certain  recognizance.     Feb.  18,  1809. 

On  the  petition  of  Asa  Rand,  and  Nathaniel  Rand  both  of 
W^estminster  in  the  county  of  Worcester,  statin^;,  that  on  the 
fourth  day  of  November,  A.  D.  1807,  Zichariiih  Rand  father  of 
said  petitioners  was  arrested  and  carried  before  a  Justice  of  the 
Peace  on  a  charge  of  forgery,  and  was  ordered  by  said  Justice  to 
recognize  for  his  appearance  at  the  next  Supreme  Judicial  Court 
in  said  county  of  Worcester  in  the  sum  of  four  hundred  dollars 
wilJi  sureties;  that  the  said  Zachariah,  did  accordingly  so  recog-- 


RESOLVES,  Feb,.  1.8,  XaOa*  253 

nizc,  and  that  said  petitioners  recognized  with  him  as  sureties — 
that  before  the  sitting  of  said  Court  the  said  Zachariah  absconded, 
whereby  said  recognisance  became  forfeited,  and  said  petitioners 
were  exposed  to  pay  said  sum,  and  that  by  a  resolve  of  die  Gen- 
eral Court  passed  on  the  tenth  day  of  June  last,  said  peviaontrs 
were  discharged  from  said  recognizance  on  condition  that  they 
should  pay  to  the  Attorney  General  of  said  Commonwealth,  or  the 
Treasurer  of  said  county  of  Worcester  four  hundred  doUiirs  and 
aM  costs,  that  had  then  or  should  after  arise  by  reason  of  such  ar- 
rest and  recognize,  on  or  before  the  then  next  sitting  of  the  Su- 
preme Judicial  Court,  v/hich  Session  was  in  September  last,  that 
previous  to  the  passing  of  said  resolve,  said  petitioners,  had  sold 
the  real  estate  of  said  Zachariah  to  enable  themselves  to  discharp;e 
the  said  recognizance,  that  they  did  pay  to  the  Treasurer  of  said 
county  of  Worcester  at  the  time  aforementioned  two  hundred  and 
fourte>.ni  dollars,  but  that  owing  to  the  scarcity  of  money  it  was 
not  in  their  power  to  procure  any  more,  that  they  therefore  pray 
that  they  may  be  restored  to  law  by  giving  them  a  further  time  to 
discharge  the  said  recognizance. 

Besohedy  That  the  time  for  the  payment  of  the  sum  mentioned 
in  the  resolve,  passed  in  June  last,  referred  to  in  the  said  petition 
in  the  manner  therein  expressed  be  further  extended,  and  that  the 
time  of  payment  of  the  sum  aforementioned  be  on  or  before  the 
next  term  of  the  Supreme  Judicial  Court  which  shall  be  holden  at 
Worcester  within  and  for  the  county  of  Worcester  in  April  next, 

CCLII. 

Resolve  giving  liberty  to   William  Smithy  to  choose  a  lot  of  land  in 
Mar sMll  Township.     Feb.  \%,   1809. 

On  the  petition  of  William  Smith,  a  Soldier  in  die  late  Conti* 
nental  Army  : 

Resolved^  for  reasons  set  forth  in  said  petition  that  the  said 
William  Smith  have,  and  he  hereby  has  liberty  to  choose  a  lot  of 
two  hundred  acres  of  land,  as  laid  out  in  the  Township  of  Mars- 
hill,  and  to  receive  a  certificate  of  the  same,  in  the  same  v^ay  and 
manner  as  he  might  have  done,  had  he  originally  made  application 
in  due  season  or  tv/enty  dollars  in  lieu  thereof  and  the  Treasurer  of 
this  Commonwealth  is  hereby  directed  to  grant  a  certificate  of  the 
same  which  the  said  William  Smith  is  entitled  to  receive  at  his 
option. 


2S4  RESOLVES,  Feb.  ,18,  180£). 

CCLIII. 

Resolve  on  the  petition  of  John  Johnson,  authorizing  the  Lieut  Gov- 
crnour  to  raise  a  Company  of  Light  Infantry  in  Gloucester, 
Feb.  18,  1809. 

On  the  petition  of  John  Johnson  and  others,  praying  for  leave 
to  raise  a  Light  Infantry  Company  in  the  town  of  Gloucester  in 
the  county  of  Essex  : 

Resolved,  That  the  Governour,  with  the  consent  of  the  Coun- 
cil, be,  and  is  hereby  authorized  and  empowered  to  raise  by  vol- 
untary inlistments,  a  Company  of  Light  Infantry  in  said  town  of 
Gloucester,  out  of  the  Companies  in  said  town,  commmided  by 
Captains  Benjamin  Dodge  and  William  Pearce,  by  the  name  of 
the  Gloucester  Light  Infantry  Company  ;  to  be  annexed  to  the 
second  Regiment  and  first  Brigade,  in  the  second  Division  of  the 
Militia  of  this  Commonwealth,  and  subject  to  such  rules  and  re- 
gulations as  are,  or  may  be  provided  by  law,  for  the  Government 
of  the  Militia  of  this  Commonwealth. 

CCLIV. 

Resolve  granting  five  hundred  dollars  to  the  Society  for  propagating 
the  (jospel.     Feb.  18,   1809. 

On  the  petition  of  the  Society  for  propagating  the  Gospel  among 
the  Indians,  and  others  in  North  America  : 

/  esolved,  That  there  be  granted  and  paid  to  the  Society  for 
propagating  the  Gospel  among  the  Indians  and  others  in  North- 
America,  out  of  the  Treasury  of  this  Commonwealth,  the  sum  of 
five  hundred  dollars,  to  be  laid  out  and  expended  in  the  purchase 
of  religious  books,  in  educating  the  youth,  and  for  pro])agating the 
Gospel  in  such  parts  of  the  Commonwcaltii  as  are  unable  to  fur- 
nish tliemselves  with  books,  teachers,  and  instructors, 

CCLV. 

Resolve   accepting  the   report  of  a  Cojjvniffee  on  the  accounts  of 

Jonathan  Maynard,  Fsg.  Guardian  to  the  Xatiek  Indians. 

Feb.  18,  1809. 

Resolved,  That  the   report   of  Elijah   Brigham   and  others,  a 
Committee  appointed  by  the  General  Couit,  to  audit  the  accounts 


RESOLVES,  Feb.  50,  1809.  255 

of  the  Hon.  Jonathan  Maynard,  Guardian  of  the  Natick  Tribe  of 
Indians,  be,  and  hereby  is  accepted,  and  that  said  Jonathan  May- 
nard, be,  accountable  for  the  sum  of  five  hundred  and  two  dollars 
and  seventy  seven  cents  the  balance  remaining  in  his  hands  due  to 
said  Tribe  of  Indians. 

CCLVI. 

Resolve  on  the  petition  of  Samuel  Jones^  relinquishing  the  improve- 
ment of  certain  land  during  his  and  his  wife  s  Ife.  Feb.  18,  1809. 

On  the  petition  of  Samuel  Jones,  of  Barre,  in  the  county  of  Wor- 
cester, praying  that  the  Commonwealth  would  relinquish  their 
right  in  about  thirty  three  acres  of  land,  l}'ing  in  said  Barre,  being 
the  late  property  of  Midor  Hillhouse,  of  said  Barre,  deceiised, 
having  left  no  heirs  except  a  widow  which  is  married  to  said  pe- 
titioner : 

Resolved.,  for  reasons  set  forth  in  said  petition  that  the  Common- 
wealth relinquish  to  the  said  Samuel  Jones  and  his  wife  the  im- 
provement of  said  land  during  their  natural  lives. 

^,  CCLVII. 

Resolve  granting  Thomas  Ctitts,  Esq.  one  hundred  and  ffty  seven 

dollars  and  ?iine  cents,  for  costs  on  ari   Inquest    of  Office. 

Feb.  20,  1809. 

On  the  petition  of  Thomas  Cutts,  Esq.  praying  that  he  ma}'-  be 
allowed  his  costs  arising  upon  an  inquest  of  offices  brought  against 
him  by  the  Solicitor  General  of  this  Commonwealth,  at  the  sug- 
gestion of  Isaac  Scammon,  in  the  name  of  the  Commonwealth,  in 
virtue  of  a  resolve  passed  the  tenth  day  of  February,  in  the  year  of 
our  Lord,  one  thousand  eight  hundred  and  four,  directing  the  So- 
licitor General  to  institute  said  inquest,  if  in  his  opinion  the  inter- 
est of  the  Commonwealth  required  it,  on  which  the  said  Cutcs 
finally  prevailed,  and  further  praying  that  said  resolve  may  be  re- 
pealed. 

Resolved,  for  reasons  set  forth  in  said  petition  that  there  be  al- 
lowed and  paid  to  said  Cutts  out  of  the  Treasury  of  this  Common- 
wealth, in  full  for  his  costs  accruing  upon  said  inquest  of  office, 
the  sum  of  one  hundred  and  fifty  seven  dollars  and  nine  cents  ; 
and  that  the  Solicitor  General  be,  and  he  is  hereby  directed  to 
discontinue  and  suspend  all  further  proceedings  under  the  resolve 
above  mentioned,  unless  the  said  Isaac  Scammon  sliall  repay  intet 


256  RESOLVES,  Feb.  20,  1809. 

the  Treasury  of  the  Commonwealth  the  aforesaid  sum  of  one 
hundred  and  fifty  seven  dollars  and  nine  cents,  and  unless  he  shall 
give  good  and  sufficient  bond  to  indemnify  the  Commonwealth 
from  all  future  costs  and  expense  which  may  accrue  on  the  same ; 
and  unless  the  said  Scammon  shall  also  give  bond  to  the  said  Cutts 
to  pay  to  him  all  costs  which  may  arise  on  said  inquest,  which 
inie;ht  legally  be  taxed  for  said  Cutts  in  case  he  should  j)revail, 
it  the  suit  were  brought  in  the  name  of  the  said  Isaac  Scammon. 

CCLVIII. 

JResoIve^  on  petition  of  Moses  Adams  and  others  for  raising  a 
Company  of  Light  Infajitry  in  2d,  Regiment,  2c/,  Brigade  to  the 
Jbuisi07i.     Feb.  20,  1809. 

On  the  petition  of  Moses  Adams  and  others  prating  for  leave 
to  raise  a  Coinpany  of  Light  Infantry  m  the  second  regimejit, 
second  Brigade  and  tenth  Division  of  the  Militia  of  this  Com- 
iiionwealth : 

liesoli-ed,  for  reasons  set  forth  in  said  petition  that  his  Honour 
the  Lieuteviant  Govcrnour,  with  the  ad\ice  of  Council,  be,  and  he 
hereby  is  authorized  and  requested  to  raise  by  ^  oluntarj^  inlistmert, 
a  Company  of  Light  Infantry,  in  the  towns  of  Surry,  Ellsworth, 
Trenton,  and  at  iarge,  in  the  second  Regiment,  second  Brigade 
and  tenth  Division  of  Militia  of  this  Commonwealth,  which  Com- 
pany shall  be  annexed  to  said  Regiment,  subject  however,  to  such 
rules  and  regulatiors,  is  '  :■:,  .-  .i^ay  be  provided  by  law,  for  reg- 
ulating and  goveinmg  tlie  Militia  of  this  Commonwealth,  Provid- 
ed, that  neither  of  the  standing  Companies  in  said  towns  or  regi- 
ments shall  hereby  be  reduced  to  a  less  number  than  sixty  four 
eficctivc  privaies. 

CCLIX. 

Resohe  on  the  petition  of  t)ebverance  Houghton.     Feb.  20,  1809. 

On  the  petition  of  Deliverance  Houghton,  widow  and  relict  of 
Solomon  Houghton,  an  absentee,  late  of  Lancaster,  in  the  county 
of  Worcester,  praying  that  she  may  be  allowed  to  tiil^e  possession 
of  and  hold  in  her  own  right  certain  real  estate,  consisting  of  about 
eighteen  acres  of  land  with  the  buildings  thereon,  situaied  in  the 
town  of  Boylston,  and  was  set  off  to  her  as  Dower  in  the  said  ab- 
sentee's  estate,  which  became  the  property  of  the  Commonwealth 
under  the  absentee  process,  and  was  set  of!'  to  said  petitioner  in  the 
year  one  thousand  seven  hundred  and  eight: 


RESOLVES,  Feb.  20,  1809,  257 

Besolved,  for  reasons  set  forth  in  said  petition,  that  the  Com- 
monwealtli  do  hereby  release  to  the  said  Deliverance  Houghton,  to 
her  and  to  her  heirs  fore\  er,  all  the  title,  right  and  interest  which 
this  Commonwealth  have  in  the  aforementioned  premises,  set  off 
to  her,  aaid  Deliverance  Houghton,  as  Dower  or  thirds  in  the  said 
absentee's  estate. 

CCLX. 

Resolve  excusing  Josiah  Dxvight  Esq.  from  serving  as  one  of  the 
Committee  for  locating  Northampton  and  Providence  turnpike 
road,     Feb.  20,   1809. 

Whereas  by  an  act  of  the  General  Court  passed  on  the  twelfth 
day  of  March,  1808,  entitled,  "  An  act  to  establish,  the  Providence 
and  Northampton  Turnpike  Corporation"  Josiah  Dwight,  Esq. 
was  appoiited.  one  of  a  certain  committee  to  locate  the  Turnpike 
road  mentioned  in  said  act.  And  whereas  the  said  Josiah  Dwight 
hath  represented  that  the  performance  of  that  service  would  inter- 
fere with  his  official  duties,  and  praying  that  he  may  be  excused, 
and  that  some  other  person  may  be  appointed  in  his  stead. 

Resolved^  That  the  said  Josiah  Dwight  be,  and  he  hereby  is  ex- 
cused from  the  performance  of  the  service  assigned  him  in  and  by 
said  act.  And  that  John  Breck,  Esq.  be,  and  he  hereby  is  ap- 
pointed to  act  as  one  of  said  committee  in  the  room  of  the  said 
Josiah  Dwjp'ht  in  the  same  manner  as  if  he  had  been  named  as  one 
of  said  committee  in  the  said  act. 

CCLXI. 

Resolve  granting  a   Township  of  land  to  fVilliams  College. 
Feb.  20,  1809. 

On  the  petition  of  the  Corporation  of  Williams  College,  by  their 
committee,  Ebenezer  Fitch,  Daniel  Dewey,  and  Ezra  Starkweather, 
praying  for  further  aid  in  support  of  Williams  College  and  for  the 
erecting  other  buildings  for  the  convenience  of  the  institution  and 
for  the  establishing  a  professor  of  the  Oriental  Languages  : 

Resolved,  That  there  be,  and  hereby  is  granted  one  Township 
of  land  six  miles  square  of  any  of  the  unappropriated  lands  belong- 
ing to  the  Commonwealth  in  the  District  of  Maine,  excepting  the 
ten  Townships,  purchased  of  the  Penobscot  Indians,  and  the  lands 
contracted  to  Jackson  and  Flint,  the  same  to  be  vested  in  the  Presi- 
dent and  Trustees  of  Williams  College,  and  their  successors  forev- 
er ;  for  the  use  and  benefit  of  said  College,  to  be  hoidcn  in  their  cor- 


QB8  RESOLVES,  Feb.  21,  1809. 

poratc  capacity,  with  full  power  and  authority  to  sell,  convey,  arid 
dispose  of  the  same  iti  such  way  and  manner  as  shall  best  promote 
the  interest  and  welfare  of  said  college — he  said  Township  to  be 
laid  out  under  the  direction  of  the  committee  for  the  sale  of  East- 
ern lands,  and  at  the  expense  of  the  said  corporation,  and  a  plan 
thereof  to  be  lodged  in  the  Land  Office  of  this  Commonwealth  : 
Provided,  That  the  Trustees  of  said  College  or  their  assigns,  shall 
locate  the  same  within  three  yci^^s  after  the  passing  of  this  resolve, 
and  cause  to  be  settled  in  said  Township  fifteen  families  within  the 
term  of  twelve  years  from  the  passing  of  this  resolve — and  also  that 
there  be  reserved  in  said  To\vnship,  three  lots  of  land  of  three  hun- 
dred and  twenty  acres  each,  for  public  uses,  one  lot  for  the  first 
settled  minister,  one  lot  for  the  use  of  the  ministry,  and  one  lot  for 
the  use  of  schools. 

CCLXIL 

jRcsolve   aitthnrizin^  the  Lieutenant  Govemour  mid  Cowicil  to  ap- 
point a  Guardian  to  the  Natick  Indians.     Feb.  21,  1809. 

On  the  petition  of  the  Natick  Tribe  of  Indians  : 
Resolved,  That  his  Honour  the  Lieutenant  Govemour  by  and 
with  the  advice  of  Coimcil,  are  hereby  authorized  to  appoint  a 
Guardian  to  the  aforesaid  Natick  Tribe  of  Indians,  under  such  re- 
strictibns  and  regulations  as  they  may  think  necessar}%  and  an)'- 
former  resolve  appointi  g  a  Guardian  be,  and  hereby  is  repealed, 
after  another  Guardian  shall  have  been  appointed  in  manner  afore- 
said. 

ccLxm. 

Resolve  authorizing  Edward  Jaekson,  Esq.  to  call  a  meeting  of  the 
Proprietors  of  Kvmiebeck  Bridge,  ^c.     Feb.  21,  1808. 

Whereas  it  has  been  represented  that  advertisements  for  calling 
the  annual  meeting  of  the  Proprietors  of  the  Kennebeck  Bridge, 
for  the  choice  of  Officers  in  January  last,  were  not  published  agree- 
ably to  the  requisitions  of  the  bye-laws  of  the  said  corporation,  and 
it  being  necessary  that  the  said  proprietors  should  be  empowered 
to  call  a  meeting  for  that  purpose  :   Therefore 

Resolved,  That  Edward  Jackson,  Esq.  be  authorized  to  issue 
his  warrant  for  the  purpose  of  calling  a  meeting  for  the  choice  of 
officers  as  nforesiiid,  to  continue  in  office  until  the  next  regular  an- 
nual meeting,  unless  the  said  proprietors  shall  otherwise  determinev 


RESOLVES,  Feb.  22,  1809.  259 

CCLXIV. 

Resolve  disapproving   the  amendment   to   the    Constitution  of  the 
United  States^  proposed  by  the  State  of  Virginia.    Feb.  22,  1809. 

Resolved,  That  the  alteration  proposed  to  the  constitution  of  the 
United  States  by  a  resolution  of  the  General  Assembly  of  the  State 
of  Virginia,  on  the  thirteenth  day  of  January,  in  the  year  of  our 
Lord,  one  thousand  eight  hundred  and  eight,  so  as  "  That  the 
Senators  in  the  congress  of  the  United  States  may  be  removed 
from  office  by  the  vote  of  a  majority  of  the  whole  number  of  the 
members  of  the  respective  State  Legislatures,  by  which  the  said 
Senators  have  been  or  may  be  appointed,"  be,  and  the  same  is 
hereby  disapproved  by  the  Legislature  of  this  Commonwealth  ;  ajid 
that  the  Senators  from  this  Commonwealth  in  the  Congress  of  the 
United  States,  be  instructed,  and  the  Representatives  be  requested 
to  oppose  the  said  alteration. 

Resolved,  That  his  Honour  the  Lieutenant  Governour  be  re- 
quested to  transmit  a  copy  of  the  foregoing  resolution  to  each  of 
the  Senators  and  Representatives  in  Congress  from  this  Common- 
wealth, and  to  the  executive  of  each  State. 

CCLXV. 

Resolve  conditionally  abating  a  fine  laid  on  the  town  ofi Berwick,  for 
bad  roads.     Feb.  22,  1909. 

On  the  petition  of  the  inhabitants  of  the  town  of  Berwick,  in  the 
eounty  of  York,  by  their  agent : 

Resolved,  for  reasons  set  forth  in  said  petition,  that  the  inhabi- 
tants of  the  town  of  Berwick,  be  discharged  from  paying  a  fine  of 
one  hundred  dollars  awarded  by  the  Supreme  Judicial  Court  at  No- 
vember term,  at  Alfred,  1 808,  on  account  of  bad  roads ;  on  con- 
dition that  the  said  sum  of  one  hundred  dollars  be  faithfully  expend- 
ed on  the  road  between  Capt.  John  Brewster  and  Mr.  John  Chad- 
burn's  dwelhng  houses  by  the  last  day  of  July  next,  under  the  di- 
rection of  the  Selectmen,  in  addition  to  the  sum  that  is  usually  rais- 
ed by  said  town  for  the  repair  of  high- ways,  the  ensuing  year,  the 
said  inhabitants  producing  satisfactory  evidence  of  such  expendi- 
ture to  the  Supreme  Judicial  Court  next  to  be  holden  at  Alfred,  and 
paying  costs  of  said  prosecution. 


260  KESOLVES,  Feb.  11,  1809. 

CCLXVI. 

Hesohtf  on  the  petition  of  Mark  Haskell  and  xvije^  and  others. 

Feb,  23,  1809. 

On  the  petition  of  Mark  Haskell  and  Ruth  his  wife  in  her  riglit, 
Nicholas  Coombs,  Joshua  Goss,  Mary  Proctor,  widow,  Alice 
Smothers,  widow,  Sarah  Doliber,  widow,  all  of  Miirblehead,  in  the 
county  of  Essex — Abraham  Quiner,  of  Beverly,  ni  said  county,  and 
Elizabeth  his  wife  in  her  right,  Patience  Chard,  widow,  Catharine 
Tare,  widow,  and  William  Goss,  all  of  Gloucester,  in  said  county, 
cousins  and  heirs  at  law  of  Michael  Coombs,  late  of  said  Marble- 
head,  mariner,  deceased : 

Resolved^  That  all  such  paits  of  the  confiscated  real  esiate  of 
Michael  Coombs  which  was  set  off  to  Sarah  Coomos,  v\  ife  of  the 
said  Michael,  as  her  thirds  in  said  estate  during  her  natural  life — 
the  fee  whereof  since  her  decease  is  vested  in  this  Commonwealth, 
be,  and  they  are  hereby  given  and  granted  to  the  above  named 
Mark  Haskell  and  Ruth  his  wife,  Nicholas  Coombs,  Joshua  Goss, 
Mary  Proctor,  Alice  Smothers,  S  irah  Doliber,  Abraham  Quiner, 
and  Elizabeth  his  wife.  Patience  Chard,  Catharine  Tarr,  and  Wil- 
liam Goss — to  have  and  to  hold  the  same  to  them  and  their  heirs 
and  assigns  forever,  to  be  equally  divided  between  dicm. 

CCLXVH. 

Resolve  on  the  petition  ofJotham  Bri^'.zm^  to  render  ecrtain  affida- 
vits authorized  to  be  taken.     Feb.  24,  1809. 

On  the  petition  ofJotham  Brigham,  administrator  on  the  estate 
of  Asa  Brigham,  deceased,  setting  forth  that  he,  the  said  Jotham, 
in  his  said  capacity,  was  authorized  by  the  Justices  of  the  Court 
of  Common  Pleas,  holden  at  Cambridge,  within  and  for  the  coun- 
ty of  Middlesex,  on  Monday  next  preceding  the  third  Tuesday  of. 
December,  A.  D.  1807,  to  make  sale  of,  and  p:iss  deeds  to  convey 
so  much  of  said  deceased's  real  estate,  as  should  raise  the  sum  of 
nine  hundred  and  fifty  three  dollars  and  twenty  seven  cents,  for  the 
payment  of  said  deceased's  just  debts,  and  the  ch.irg^es  of  siiid  sale, 
&e.  that  in  pursuance  of  said  authority,  he,  the  siiid  Jotham,  in  Lis  said 
capacity,  gave  public  notice  of  the  time  and  place  apjjolntcd  for  the 
sale  of  said  real  estate,  and  made  said  sale,  in  the  maniier  prescrib- 
ed by  law,  to  Joseph  Trowbridge,  and  executed  a  good  and  suiii- 
cient  deed  of  said  real  estate,  sold  as  aforesaid,  to  Siiid  Trowbridp:e, 
but,  that  by  mistake  and  misapprehension  of  the  law,  in  such  case 


RESOLVES,  Feb.  25,  1809,  261 

m:sdc  and  provided,  he,  the  said  Jotham,  omitted  to  make  Iiis  affi- 
davit, and  to  obtain  that  of  Abraham  Hilliard,  relative  to  said  sale, 
and  pray in£]^  that  he,  the  said  Jotham,  may  have  seven  months  from 
the  above  date  granted  to  him,  in  his  said  capacity,  to  make  his 
affidavit,  and  to  obtain  that  of  said  Hilliard,  relative  to  said  sale, 
and  that  said  affidavits,  if  they  shall  be  made,  in  the  Probate  Court 
within  and  for  the  County  of  Middicr^cx  aforesaid,  in  conformity 
to  law,  within  said  seven  months,  may  have  the  same  effi^ct  and  op- 
eration in  law,  to  all  intents  and  purposes,  as  they  would  have  had, 
had  they  been  legally  made  within  seven  months  from  said  sale. — 
It  appearing  that  the  allegations  in  said  petition  are  true,  therefore^ 
Resolved,  That  the  prayer  of  said  petition  be  granted,  and  that 
the  said  Joiham,  in  his  said  capacity,  be,  and  he  hereby  is  author- 
ized and  empowered,  at  any  Probate  Court,  to  be  holden  within 
and  for  said  County  of  Middlesex,  within  seven  months  from  the 
above  date,  to  make  his  affidavit,  and  to  obtain  that  of  said  Hilliard, 
relative  to  said  sale  of  said  real  estate,  and  that  said  affidavits,  if 
they  shall  be  made,  in  the  Court  of  Probate  aforesaid,  in  conformi- 
ty to  lavv,  within  said  seven  months,  shall  have  the  same  efiect  and 
operation  in  law,  to  all  intents  and  purposes,  as  they  would  have 
hud,  had  they  been  legally  made,  within  seven  montlis  from  said 
sale. 

CCLXVHL 

Resolve  disc/iargwg  the  Quarter-Master  General  from  fftcen  thou- 
sand five  hundred  and  fifty  dollars,  and  granting  balance  due  hiiii 
oftliree  thousand  one  hundred  and  sixty -seven  dollars  and  fifty - 
two  cents,  and  making  appropriation  of  eighteen  thousand  dollars 
for  his  department.     Feb.  25,  1809. 

Resolved,  That  Amasa  Davis,  Esq.  Quarter- Master  General, 
be,  and  he  is  hereby  discharged  from  the  sum  of  fifteen  thousand 
five  hundred  and  fifty  dollars,  viz.  fi\'e  hundred  and  fifty  drawn  on 
warrant  dated  Feb.  2,  1808,  five  thousand  on  warrant  dated  March 
10,  1808,  five  thousand  on  warrant  dated  July  5,  1808,  and  hvQ 
thousand  on  warrant  dated  November  16,  1808. 

Resolved,  That  three  thousand  one  hundred  and  sixty  seven 
dollars  and  fifty  two  cents  be  paid  to  the  said  Amasa  Davis,  Esq. 
Out  of  the  Treasury  of  this  Commonwealth  "as  the  balance  of  his 
account  with  the  Commonwealth,  up  to  the  seventh  day  of  Fell. 
1809,  including  his  salary,  office  rent  and  clerk  hire,  for  one  year, 
ending  the  seventeenth  day  of  January  1809. 

Resolved^  That  the  sum  of  eighteen  thousand  dollars  be  paid  to 
the  said  Quarter  Master  General  from  the  Treasury  of  this  Com- 
monwealth, to  meet  the  expense*;  cf  his  department  the  eneiiinxi' 
Hh 


262  RESOLVES,  Feb.  27,  1809. 

year — for  the  application  of  which  he  is  to  be  accountable  ;  and 
that  His  Excellency  the  Governoiir  be  requested  to  issue  his  war- 
rants on  the  Treasury  for  the  amount,  at  such  period,  and  in  such 
sums,  as  His  Excellency,  with  advice  of  Council,  may  deem  ex- 
pedient for  the  publick  service. 

CCLXIX. 

Resolve  J  on  petition  of  Moses  Robinson  granting   three  hundred 
and  ji^ty  dollars^  for  loses^  csV.  Feb.  25^  18U9. 

Whereas  Moses  Robinson  of  Fairfax  in  the  county  of  Kennebeck 
and  constable  of  siiid  town,  while  in  the  execution  of  the  duties  of 
his  office  on  the  eii^hteenth  day  of  April  last  ;  and  afterwards  in 
assisting  a  Deputy  Sheriff'  in  arresting^  one  Daniel  Bracket,  had  his 
horse  killed,  his  clothes  destroyed,  and  his  own  person  much  abus- 
ed and  iih"eated,  by  sundry  persons  dis£^uised  as  I.idians,  and  the 
said  Moses  having;  petitioned  this  Court  to  afford  him  relief. 

TFhercfore  resolved.  That  there  be  allowed  and  paid  out  of  tlic 
Treasury  of  this  Co  nmon wealth  to  the  said  jVIoses  Robinson  the 
sum  of  three  hundred  and  fifty  dollars,  and  the  Governour  witli  the 
advice  of  Council  is  herLby  authorized  and  empowered  to  draw  his 
wairant  in  fiu  our  of  said  Robinson  on  the  Treasurer  for  said  sum. 

CCLXX. 

Resolve  authorizing  the  sale  of  real  estate,  of  which  TFdliojn  Morgaii 
died  seized,  andwhich  has  escheated  to  the  Commotnvealth. 
Feb.  27,  1809. 
Resolved,  That  Barnabas  Bidwell,  Esq.  Attorney  General,    be, 
and  hereby  is  authorized  to  sell  ar^d  convey  the  real  estate  of  a\  hich 
William  Morgan,  late  of  Great  BiUTington,  in  the  county  oi  Berk- 
shire, mason,  died  seized,  and  which  has  escheated  to  the  Com- 
monwealth, the  said  Morgan  having  no  heirs  at  law,    he    the   said 
Attorney  General  to  account  with  the  Treasurer  of  this  Conimon- 
wealth  for  the  net  proceeds  of  such  sale. 

CCLXXI. 

Resolve  granting  the  Attornei/  General  an  addition  to  his  salary  from 
March  \,  1808,  to  March  1,   1809.     Feb.  27,  1809. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  publick 
Treasury  to  Barnabas  Bidwell,  Esq.  Attorney  General,  the  sum  of 


RESOLVES,  Feb.  27,  1809.  263 

six  hundred  and  thirty  five  dollars,  in  addition  to  his  salary,  in  full 
lor  his  services  as  aforesaid  from  the  first  day  March,  1808,  to  the 
first  d^y  of  March  1809. 

CCLXXII. 

Resolve  authorizing  the  Gove7'now\  with  advice  of  Council,  to  estab- 
lish a  Company  of  Light  Infantry  in  the  town  of  Walcioborough. 
Feb.  27,  1809. 

On  the  petition  of  Isaac  G.  Reed  praying  that  he  may  be  per- 
mitted to  raise  a  Light  Infantry  Company  in  the  town  of  Wuldo- 
borou2^h  : 

Resolved,  That  the  Governoiir,  by  and  with  the  advice  of  the 
Council,  be,  and  he  hereby  is  authorized  and  empowered  to  estab- 
lish a  Company  of  Light  Infantry  in  the  town  of  Waldoborough  ; 
which  company  when  raised  is  to  be  annexed  to  the  second  regiment, 
second  Brigade  and  eleventh  division  of  the  Militia  of  this  Common- 
wealth, Provided,  the  forming  of  said  Company  shall  not  in  its  op- 
eration reduce  the  established  Militia  Companies  in  said  Town  of 
Waldoborough,  below  the  numbers  prescribed  by  law* 

CCLXXIIL 

Resolve  staying  proceedings  against  settlers  in  the  counties  of  Haur 
cock  and  Washington.     Feb.  27,  1809.     «. 

Whereas,  by  a  Resolve  of  the  General  Court  of  the  Common- 
wealth of  Massachusetts,  passed  the  third  day  of  March,  1806,  the 
Attorney  General  was  directed  to  eject  certain  settlers  in  the  coun- 
ties of  Hancock  and  Washington,  who  should  fail  of  completing 
the  payment  for  the  lots  on  which  they  settled  respectively,  on  or 
before  the  third  day  of  March,  1807,  and  by  a  resolve  passed  the 
second  day  of  March,  180  i,  a  further  time  of  twelve  months  has 
been  allowed  which  time  has  nearly  expired . 

And  whereas,  it  appears  that  the  said  payments  are  not  yet  fully 
completed — Therefore, 

Resolved,  That  the  said  Attorney  General  be  directed  to  stay 
his  proceedings  relative  to  the  same  for  the  further  time  of  t-\vel' e 
months  from  the  passing  of  this  resolve — and  the  agents  for  the 
sale  of  Eastern  lands,  are  directed,  in  the  mean  time  to  receive  any 
monies  which  the  said  settlers  may  pay,  and  to  uK.ke  out  the  dc  ns 
of  their  respective  lots  in  the  usual  manner,  any  thing  in  the  said 
xesolves  to  the  contrary  notwithstanding. 


264  RESOLVES,  Feb.  28,  1809. 

CCLXXIV. 

Mcsolve  ^rantins^  Alexander  C.  IF".  Fanninpf  Two  hundred  dollars 
and  Five  dollars  per  month  during  his  life.     Feb.  28,  1809. 

On  the  petition  of  Caroline  H.  Fanninj^,  pf  Boston,  praying  for 
compensation  for  a  wound  her  son  Alexander  C.  W.  Fanning  re- 
ceived while  on  miliiL^ry  duty  on  the  fourth  day  of  October  last  in 
said  Boston : 

jResolved,  That  there  be  allowed  and  paid  out  of  the  Treasury  of 
this  Commonwealth  to  the  said  Alexander  C.  W.  Fanning  in  cour 
sequence  of  his  having  lost  his  left  hand  while  performing  military 
duty  on  the  said  fourth  day  of  October,  the  surn  of  Two  hundred 
dollars,  to  enable  him  to  pay  the  doctor,  nurses,  and  other  expens- 
es arising  from  the  said  misfortune  ;  and  an  annuity  or  pension  of 
Five  dollars  per  month  during  his  natural  life,  to  commence  from 
the  said  fourth  day  of  October. 

CCLXXV. 

Resolve  for  stayiiig  execution  against  Joseph  Stojie.  Feb.  28,  1809. 

On  the  petition  of  Joseph  Stone : 

Jiesolied,  That  an  execution  in  favour  of  the  Commonwealth 
iigainst  Joseph  Stone  for  five  hundred  dollars  and  cost,  nou  in  the 
hands  of  the  Sheriff  of  Worcester,  as  described  in  said  Stone's  pe- 
tition, be  stayed  for  the  term  of  one  year  from  the  eighth  day  of 
February,  1809,  and  that  said  Sheriff  be  directed  to  return  Said  exr 
ecution  in  no  part  satisfied.  Proiided,  That  said  judgn.ent  be  not 
discharged,  and  that  the  same  be  levied,  if  not  paid,  as  soon  as  may- 
be after  said  year  is  expired,  and  that  the  oiiicers  of  the  Common- 
wealth govern  themselves  accordingly. 

CCLXXVI. 

Resolve  on  the  petition  of  Ezra  Chase  and  Ebenezer  Pierce,  Jim. 
releasing  the  right  of  the  Commonwealth  to  certain  real  estate. 
Feb.  28,  1809. 

On  the  petition  of  Ezra  Chase,  and  Jerusha  his  wife,  Ebenezer 
Tierce,  jun.  and  Sally  his  wife,  praying  that  such  part  of  the  rciil 
estate  of  Samuel  Gilbert,  late  of  Berkley,  in  the  county  of  Bris- 
tol, an  absentee,  as  was  set  off  to  Sarali  Gilbert,  wife  of  said  Sam- 
ple 1  Gilbert,  as  her  thirds,  or  dower  in  said  estate,,  may  be  vested 


RESOLVES,  Feb.  28,  1809>  265 

in  the  said  Jerusha  and  Sally,  they  being  the  only  heirs  of  the  said 
Samuel  and  Sarah  who  are  both  deceased. 

Hesolvedy  That  ail  such  parts  of  the  confiscated  real  estate  of 
Samuel  Gilbert,  which  was  set  ofi'  to  Sarah  Gilbert,  wife  of  the  said 
Samuel,  as  her  thirds  in  said  estate,  during  her  natural  life,  the  fee 
whereof,  since  her  decease,  is  vested  in  this  Commonwealth,  be, 
and  they  are  hereby  given  and  granted  to  Jerusha  Chase,  wife  of 
the  said  Ezra  Chase,  and  Sally  Pierce,  wife  of  the  said  Ebenezer 
Pierce,  jun.  to  have  and  to  hold  the  same  to  them  the  said  Jerusha 
Chase,  and  Sally  Pierce,  and  their  heirs  and  assigns  forever,  to  be 
equally  divided  between  them,  the  buildings  standiia^  on  the  sam.e, 
having  been  built  by  the  said  Ezra  Chase,  are  to  remain  the  prop- 
erty of  the  said  Ezra. 

CCLXXVII. 

Resolve  rendering  valid  the  doings  of  the  town  of  Maiden. 
Feb,  28,  lti09. 

On  the  petition  of  the  Selectmen  of  the  town  of  Maiden,  in  the 
county  of  Middlesex,  stating  tliat  certain  warrants  for  town-meet- 
ings in  said  town,  have  been  signed  by  the  Town  Clerk  only,  by 
order  of  said  Selectmen,  and  therefore  not  strictly  legal,  and  pray- 
ing that  said  warrants  may  be  rendered  valid,  the  want  of  the  Se- 
lectmen's signatures  notwithstanding. 

Resolved^  That  all  the  warrants  for  calling  town-meetings  in  said 
town  ol"  Maiden,  signed  by  the  Town  Clerk  only,  as  aforesaid,  be, 
and  they  hereby  are  rendered  good  and  valid  as  though  they  had 
been  signed  by  the  Selectmen,  imd  all  proceedings  otherwise  legal, 
had  under  said  warrants,  be,  and  they  hereby  are,  as  fully  ratified 
and  confirmed  as  though  said  warrants  had  been  signed  by  the 
Selectmen, 

CCLXXVIII. 

Resolve  for  releasing  and  confrming  land  to  proprietors  of  Shaiv- 
anon  purchase  in  Berkshire.     Feb,  ii.8j  1809. 

The  Committee  of  both  Houses  to  whom  was  referred  the  peti- 
tion of  Octavius  Joiner  and  others,  original  proprietors,  and  purcha- 
sers under  original  proprietors,  of  the  upper  and  lower  Shawanon 
purchase  (so  called)  situate  in  the  towns  of  Egremont  and  Alford, 
m  the  county  of  Berkshire— praying  this  Honourable  Legislature 
to  confirm  and  establish  them  and  others  Avho  are  interested  in  the 
title  of  the  lands  contained  in  said  purchase — The  committee  find 
that  on  the  twentieth  day  of  August,  1.756,  a  petition  of  Jonathan 


266  RESOLVES,  Feb.  28,  1809. 

Willard,  Ebenezer  Baldwin,  and  others,  inhabitants  of  lands  hnng 
to  the  westward  of  Sheffield,  praying  that  they  may  be  allowed  to 
purchase  the  Indian  right  to  said  lands,  was  preferred  to  the  Legis- 
lature of  the  then  Province  of  the  Massachusetts  Buy — on  which 
petition  the  committee  find  that  the  then  Legislature,  '*  ordered 
that  the  said  petitioners  have  liberty  to  make  one  general  purchase 
of  the  Indians  claiming  or  owning  the  lands  described  in  the  said 
petition,  and  to  take  one  general  deed  of  them  according!}-,  to  them 
the  said  petitioners,  their  heirs,  and  assigns  forever,  they  pa}  ing  the 
purchase  consideration  to  the  Indians — and  Eldad  Taylor,  Esq, 
was  appointed  an  agent"  in  behalf  of  the  then  Province  of  the  Mas- 
sachusetts Bay  "  to  see  that  justice  should  be  done  to  the  Indians'* 
— it  appears  that  the  said  Taylor  did  attend  and  approved  of  the 
bargain  and  purchase,  and  also  that  a  deed  was  given  by  the  In- 
dians ;  which  deed  the  petitioners  state,  has  been  lost — Youi  com- 
mittee having  carefully  investigated  the  subject,  are  unanimously 
of  opinion,  that  the  purchase  was  made,  and  that  a  deed  was  given, 
though  no  record  or  confirmation  by  the  then  Legislature  can  be 
found — they  therefore  beg  leave  to  report  the  following  resolution, 
which  is  respectfully  submitted. 

AZARIAH  EGGLESTON,/?fr  order, 

Resolvedy  for  reasons  set  forth  in  said  petition,  and  those  above 
stated,  that  all  tiie  lands  contained  in  the  Upper  and  Lower  Shawa- 
iion  purchase  (so  called)  and  known  and  designated  by  that  name 
as  originally  purchased  of  the  Indians,  shall  be,  and  the  same  is 
hereby  released  and  confirmed  to  the  original  purchasers  and  pro- 
prietors, their  heirs  and  assigns  forever,  so  that  the  Commonwealth 
aforesaid  shall  not  have  any  right  or  claim  tliereto  fore^•er  hereaf- 
ter. 

CCLXXIX. 

Resolve  on  the  petition  of  Thomas  Powers,  authorizing  the  Judge  of 

Probate  of  Hampshire  to  extend  commission  of  insolvency. 

Feb.  28,  1809. 

On  the  petition  of  Thomas  Powers,  stating  that  the  benefits  con- 
templated by  a  Resolve  of  the  General  Court  passed  on  the  twenty 
seventh  day  of  February,  in  the  year  of  our  Lord,  one  thousand 
eight  hundred  and  eight,  authorizing  the  Judge  of  Probate  for  the 
county  of  Hampshire,  to  extend  the  commission  of  insoh  ency,  by 
him  issued  on  the  estate  of  James  Sloan,  late  of  Greenwich  in  said 
county,  deceased,  have  been,  through  accident  and  lapse  of  tinie, 
lost ;  and  praying  for  a  further  extension  of  time  in  said  commis- 
sion for  receiving,  examining,  and  allowing  claims  on  said  estate  ; 


RESOLVES,  March  1,  1809.  267 

Besolved,  for  reasons  set  forth  in  said  petition,  that  the  judge  of 
I'robate  for  the  comity  of  Hampshire,  be,  and  he  hereby  is  author- 
ized to  extend  the  conniiission  of  insoh^ency  issued  on  the  estate 
of  said  James  Sloan,  so  as  to  allow  the  commissioners  therein  nam- 
ed, or  by  said  Judge  of  Piobate  hereafter  to  be  named  and  appoint- 
ed, a  further  time  of  ninety  days  from  the  passing  of  this  resolve, 
to  receive,  examine,  and  allow,  any  further  claim  or  claims,  Mdiich 
may  appear  to  lliem  just  and  reasonable,  they  giving  notice  of  the 
time  and  place  of  their  sitting,  three  weeks  previous  thereto,  in  the 
Hampshire  Gazette,  printed  at  Northampton,  in  said  county  :  Pro- 
vided^ That  the  whole  expense  arising  under  this  resolve,  be  borne 
by  such  creditor  or  creditors  as  shall  prove  new  claims,  in  propor- 
tion to  tlieir  respective  claims. 

CCLXXX. 

Resolve  graiiting  John  Andrews^  fun.  One  hundred  and  seventy  six. 
dollars.     Feb.  28,  1809. 

Pesolved,  That  there  be  allowed  and  paid  out  of  the  Treasuiy  of 
this  Con.monwealth  to  John  Andrews,  jun.  of  Boston,  the  sum  of 
One  hundred  and  seventy  six  dollars,  it  being  for  money  expended 
by  him  in  bringing  to  justice,  one  John  Roberts  a  fugitive  from  jus- 
tice— and  that  the  Lieutenant  Governour  be  authorized  to  draw  a 
warrant  therefor  in  favour  of  the  said  AndrcAvs. 

CCLXXXL 

Resolve  on  the  petition  of  Joseph  Wales  authorizing  the  Judge  of 
Probate^  for  Worcester  County  to  appoint  persons  to  sell  eleven 
acres  of  land  in  Lancaster.     March  1,  1809. 

On  the  petition  of  Joseph  Wales.  Pesolved,  That  the  Judge 
of  Probate  for  the  coimty  of  Worcester,  be,  and  he  is  hereby  au- 
thorized to  appoint  some  suitable  person,  other  than  the  above 
named  petitioner,  to  make  sale  of  eleven  acres  of  land  situate  in 
Lancaster  in  the  county  of  Worcester  aforesaid  estate  of  Abijah 
Willard  late  of  said  Lancaster  deceased  an  absentee,  and  to  settle 
said  estate,  such  person  so  appointed,  first  giving  sufficient  bond 
for  observing  and  conforming  to  the  rules  and  regulations  of  the 
law  in  settling  insolvent  estates,  and  applying  the  proceeds  of  said 
sale  to  the  payment  of  said  Wil^ard's  debts  : 

And  Whereas  in  March  1779,  Levi  Lincoln  then  Judge  of  Pro- 
bate for  the  county  of  Worcester,  pursuant  to  the  power  given  by 


268  RESOLVES,  March  1,  1809. 

the  law  respecting  the  estates  of  Absentees,  appointed  commissiou- 
ers  to  receive  and  examine  the  claims  and  demands  of  the  creditors 
to  the  estate  of  the  said  Abijah  Willard,  and  report  a  true  list  to 
said  Judge  of  all  such  claims,  which  report  \\'as  made  and  accepted 
by  said  Judge,  on  the  second  day  of  October  A.  D.  1781,  the 
•several  sums  set  against  the  respective  persons  names,  amounting 
in  the  wliole  to  the  sum  of  five  thousand  fi\e  hundred  and  forty 
pounds,  twelve  shillings,  and  seven  pence  ;  a  part  of  which,  viz. 
nine  hundred  and  twenty  nine  pounds,  nine  sliillings,  was  set 
ap^iinst  the  name  of  Joshua  Brackett,  and  as  it  appears  from  the 
Secretary's  Office,  that  in  January  1803,  the  said  Joshua  Brackett, 
received  of  the  proceeds  of  the  sale  of  two  thirds  of  the  estate  of 
the  said  Abijah  Wiilard,  the  sum  of  six  hundred  and  thirty  seven 
pounds,  fourteen  shillings,  and  five  pence,  and  there  being  no  evi- 
dencc  of  tlie  oiher  creditors  named  in  said  report  having  received 
any  part  of  their  demands.  Therefore  he  'it  further  resolved,,  That 
the  Judge  of  Probate  for  the  county  of  Worcester  aforesaid,  be, 
and  he  is  hereby  directed  to  make  no  decree  in  favour  of  said 
Brnckett's  claim,  until  e^ich  of  the  other  creditors  to  said  estate  nam- 
ed in  said  report  shall  have  received  so  much  of  said  Willard's 
estate  as  shall  make  them  up  equal  with  said  Brackett  in  the  dis- 
tribution thereof, 

CCLXXXII. 

Ttcsolve  allowing  Charles  Vaii^han,  and  Bohert  HaUo~iVell,  furthei 
tune  to  settle  certain 'townships.     March  I,   1809. 

On  the  petition  of  Charles  Vaughan.  and  Robert  Hallowell,  re- 
questing further  time  to  settle  townships,  marked  B  and  C  and 
township  No.  3,  in  the  6th  Range,  and  No.  5,  in  the  5th  Range 
north  of  tlie  Waldo  Patent. 

Resolved^  for  reasons  set  forth  in  said  petition,  that  a  further  time' 
of  four  years  from  the  first  day  of  June  next,  be  allowed  to  the  pro- 
prietors'of  the  said  Townships,  their  heirs  and  assigns,  to  settle  th6 
number  of  families  upon  said  ToA\Tiships  required  by  their  con- 
tracts with  the  Commonwealth,  and  that  if  the  proprietors  afore- 
said, their  heirs  or  assigns,  shall,within  four  years  from  the  first  day 
of  June  next,  settle  on  said  Townships  the  number  of  families  re- 
quired by  their  said  contracts,  including  tlie  families  already  set- 
tled on  the  said  townships,  and  also  make  and  execute  to  each  set- 
tler on  said  townships,  who  setded  there  before  the  first  day  of  Ju- 
ly, eighteen  hundred  and  six,  \\\\o  did  not  settle  under  contracts 
Ivith  die  said  proprietors,  their  heirs  or  assigns,  a  good  and  suffi- 
cient warrantee  deed  of  one  hundred  acres  of  land  witliin  the  sai^ 


KESOLVES,  March  1,  1809.  ^C§ 

Townships,  so  as  best  to  incUide  the  improvements  of  the  said  set- 
tlers, having  respect  to  the  Hnes  of  the  lots  as  already  surveyed 
and  laid  out,  but  not  to  include  any  mill  seat  upon  which  no  mill 
has  been  erected,  Provided,  the  said  settlers,  their  heirs  or  assigns, 
shall  within  four  years  from  the  first  day  of  June  next  pay  to  the 
proprietors  of  the  land  on  which  they  are  respectively  settled  the 
sum  of  one  hundred  dollars  and  interest  for  each  hundred  acres  of 
land  so  settled  on,  that  then  the  estate  right  and  title  of  tlie  said 
proprietors,  their  heirs  and  assigns,  in  and  to  said  Townsiiips  shall 
be  as  valid,  full  and  effectual  to  all  intents  and  purposes  as  if  the 
conditions  of  settlement  expressed  in  the  original  Deeds  of  said 
Townships  given  by  the  agents  appointed  by  the  General  Court  to 
sell  and  convey  the  unappropriated  lands  in  the  District  of  Maine, 
had  been  fully  and  seasonably  complied  with  :  Provided,  Tiever^ 
theless,  That  the  proprietors  of  the  said  Townships  shall  on  or  be- 
fore the  first  day  of  October  next  ejive  bonds  to  the  aQ:ents  for  the 
sale  of  eastern  lands  in  the  sum  of  three  thousand  dollars,  with 
sufficient  surety  or  sureties  to  the  satisfaction  of  the  agents  afore- 
said, conditioned  that  the  number  of  settlers  required  by  the  ori- 
ginal grant  of  said  Townships  respectively  to  be  settled  on  the  said 
Townships,  shall  within  four  years  from  the  ftrst  day  of  June  next 
be  settled  on  the  said  Townships  or  for  the  payment  of  thirty  dol- 
lars to  this  Commonwealth  for  each  family  which  shall  at  the  end 
©f  said  term  be  deficient* 

CCLXXXIiL 

Resolve  authorizijig  the   Treasurer  to  issue  a   new  note  to  Ezckiel 
Robinson.     March  1,  1809. 

On  the  petition  of  Ezekiel  Robinson,  praying  for  a  new  note 
in  lieu  of  one  lost  : 

Resolved,  That  the  Treasurer  of  this  Commonwealth,  be,  and  he 
is  hereby  directed  to  issue  a  new  state  note  for  twenty  dollars  and 
thirty  eight  cents,  bearing  the  same  number  and  date,  at  five  per 
cent  interest,  and  to  endorse  thereon  such  interest  as  has  been  paid 
on  the  note  stated  to  be  lost,  the  said  Ezekiel  Robinson  first  giving 
bond  to  the  satisfaction  of  the  Treasurer  and  his  successors  in 
office,  conditioned  to  save  the  Commonwealth  harmless  from  all 
demand,  therefor,  on  account  of  the  note  said  to  be  lost  as  afoi'esaid. 


l\ 


270  RESOLVES,  March  2,  1809. 

CCLXXXIV. 

Resolve  granting  David  Slocum  two  hundred  and  sixty  six  dollars, 
for  land  lost  by  rumrmg  the  line  between  this  State  and  ConneC" 
ticiit.     March  1,    lb09. 

On  the  petition  of  David  Slocum  of  Granville  in  the  county  of 
Hampshire,  shewing  that  by  the  lots  and  former  running  of  the 
line  betwixt  the  Commonwealth  of  Massachusetts,  and  Connecti- 
cut, part  of  hts  farm  has  fallen  within  the  state  of  Connecticut,  and 
that  he  is  thereby  deprived  of  the  same  :  Therefore^  Resolved, 
There  be  allowed  and  paid  out  of  the  publick  Treasury,  the  sum 
of  two  hundred  and  sixty  six  dollars  to  said  David  Slocum  in  full 
for  lands  taken  from  him  by  the  running  the  line  aforesaid. 

CCLXXXV. 

Resolve  on  the  account  of  the  Superintendent  of  the  State  Prison. 
March  2,  1809. 

The  Committee  of  Senate  to  whom  was  referred  the  annual  ac- 
count of  Daniel  Jackson,  Esq.  Superintendent  of  the  State  Prison, 
ending  the  first  day  of  December  last,  have  attended  that  service 
by  exainii.ing  the  said  account  as  transmitted  by  his  Honour  tlie 
Lieut.  Governour,  amounting  to  twenty  three  tiiousand,  three  hun- 
dred and  scA'enty  six  dollars,  and  sixty  six  cents,  which  they  be- 
lieve to  be  co.i'ect,  and  finding  a  balance  due  to  said  Jackson  on 
said  account,  of  thiee  thousand,  seven  hundred  and  seventy  nine 
dollars  and  twenty  two  cents  ;  They  ask  leave  to  report  the  follow- 
in?  Resolve  : 

Resolved^  That  there  be  allowed  and  paid  out  of  the  Treasury 
of  this  Commonwealth  to  Daniel  Jackson  Esq.  Superintendent  of 
the  State -Prison  the  sum  of  three  thousand  seven  hundred  and 
seventy  nine  dollars,  and  twenty  two  cents,  it  being  the  balance  of 
his  account  in  full  to  the  first  day  of  December  eighteen  hundred 
and  eight,  and  His  Honour  the  Lieutenant  Governour,  by  and 
with  the  advice  of  Council  is  hereby  autliorized  to  issue  his  war- 
rant accordingly. 

Be  it  further  resolved^  That  His  Honour  the  Lieutenant  Gov- 
ernour by  and  with  the  consent  of  Council,  be,  and  he  is  hereby 
authorized  to  draw  waiTants  upon  the  Treasurer  ot  this  Common- 
wealth in  favour  of  the  Superintendent,  of  the  State-Prison,  i^for 
such  sums,  and  at  such  periods  as  he  may  deem  expedient,  not  ex- 
ceeding ten  thousand  dollars,  to  enable  said  Superintendent  to  per- 
form his  contracts,  and  defray  the  expenses  of  said  Prison  the  pre- 
sent year,  he  to  be  accountable  for  the  same. 


RESOLVES,  March  5,  180^.  271 

CCLXXXVI. 

Jtesolve  granting  taxes  to  the  several  Counties.    Mdrcli  2,  1809. 

Whereas  the  Treasurers  of  the  several  counties,  have  laid  their 
accounts  before  the  Legislature  for  examination,  which  accounts 
have  been  examined  and  allowed  :  And  v»'hereas  the  clerks  of  the 
courts  of  sessions  for  the  said  counties  have  exhibited  estimates 
made  by  the  said  courts  of  the  necessary  charges  which  may  arise 
within  the  said  several  counties  for  the  year  ensuing,  and  of  th'i 
Sums  necessary  to  discharge  the  debts  of  the  said  counties  : 

Resolvedj  That  the  sums  annexed  to  the  counties  contained  in 
the  following  Schedule,  be,  and  the  same  are  hereby  granted  as  a  tax 
for  each  county  respectively,  to  be  apportioned,  assessed,  paid,  col- 
lected, and  applied,  for  the  purposes  aforesaid,  according  to  laW- 
Suffolk,  forty  two  thousand  dollars,  42,000. 

Esseji,  seven  thousand  one  hundred  and  sixty  dolls.  7,160. 
Middlesex,  ten  thousand  dollars,  10,000 

Worcester,  four  thousand  dollars,  4,000 

Hampshire,  four  thousand  dollars,  4,000 

Berkshire,  three  thousand  dollars^  3,000 

Bristol,  two  thousand  dollars,  2,000 

Barnstable,  two  thousand  one  hundred  dollars,  2,100 

Norfolk,  five  thousand  one  hundred  and  eighty  four 

dollars  and  eighty  cents,  5,184  80 

York,  three  thousand  three  hundred  and  sixty  dolls.    3,360 
Cumberland,  five  thousand  dollars,  5,000 

Kennebeck,  six  thousand  dollars,  6,000 

Washington,oiie  thousand  three  hundred  and  ninety  dls.1,390 

CCLXXXVII. 

JResolve  discharging  the  Agents  for  the  sale  of  Eastern  lands  from 
ninety  four  thousand  seven  hundred  andffteen  dollars^  and  fortq 
three  Cents.     March  2,  1809. 

The  committee  of  both  Houses,  that  were  appointed  to  examine 
the  accounts  of  tlie  Agents  for  the  sale  of  the  Commonwealth's 
lands  in  the  District  of  Maine  have  examined  an  account  of  their 
proceedings  from  the  fourteenth  day  of  February,  one  thousand 
eight  hundred  and  seven,  to  the  twentv  third  day  of  February,  one 
thousand  eight  hundred  and  nine,  w  herein  they  acknowledge  to 
have  received  in  securities  and  money  the  sum  of  ninety  four  thou^ 
sand  seven  hundred  fifteen  dollars  and  forty  three  cents,  and  that 
they  have  paid  into  the  Treasury  ninety  fouV  thousand  ^evenhnn  . 


272  RESOLVES,  March  2,  1809.      - 

dred  fifteen  dollars  and  forty  three  cents,  in  securities  and  money, 
all  of  which  on  examination  appears  to  be  well  vouched  and  rightly 
east  :  Therefore, 

liesolved,  That  the  Agents  be,  and  hereby  are  discharged  from 
the  sum  of  ninety  four  thousand,  seven  hundred  and  fifteen  dollars 
and  forty  three  cents,  which  has  been  received  by  them  as  above 
mentioned. 

CCLXXXVIII. 

Hesolve  granting  John  Salomon  Fazij  further  time  to  settle   two 
^  Toxvnships.      March  2,  1809. 

On  the  petition  of  John  Salomon  Fazy,  late  of  Philadelphia, 
in  the  State  of  Pennsylvania  : 

Resolved^  For  reasons  set  forth  in  said  petition,  that  a  further 
time  of  four  years  from  the  first  day  of  June  next,  be,  and  hereby  is 
allowed  to  said  John  Salomon  Fazy  and  to  his  Grantees  and  as- 
signs to  complete  the  settling  duty  in  Townships  number  five,  in 
the  fifth  range,  and  number  four  in  the  sixth  range  of  Townships, 
north  of  the  Waldo  Patent,  agreeably  to  the  original  contract.  And 
if  said  John  Salomon  Fazy,  his  Grantees  and  Assigns  shall  within 
Sciid  time  complete  the  settling  duty  required  in  the  original  grants 
in  each  of  said  Townships,  that  then  the  estate  right  and  title  of 
said  Fazy,  his  Grantees  and  Assigns,  shall  be  valid  and  eft'ectual  to 
all  intents  and  purposes  as  if  the  conditions  of  settlement  had  been 
originally  complied  with  :  Provided^  nevertheless^  that  the  said  John 
Salomon  Fazy,  shall  on  or  before  the  first  day  of  October  next, 
gi\  e  bond  to  this  Commonwealth,  in  the  sum  of  one  thousand 
dollars,  with  securities  to  the  satisfaction  of  the  Agents  for  the 
sale  of  Eastern  lands  conditioned  that  the  M'hole  of  the  settling  du- 
ty shall  be  performed  v.ithin  four  }'ears  from  the  firbt  day  of  June 
nc  xt,  or  for  the  payment  of  thirty  dolliU's  for  each  family  wliich 
shall  then  be  deficient. 

CCLXXXIX. 

Resolve  on  the  petition  of  Jacob  Welsli^  directing  the  Attorney  Gen- 
eral to  defend  vs.  James  Martin.     March  2,  1809. 

On  the  petition  of  Jacob  Welsh  praying  for  the  assistance  of  the 
CommonweaUh  in  defence  of  certain  suits  brought  by  James 
Martin,  to  recover  possession  of  certain  lands  in  the  county  ol 
?*iiddlesex,  Vvhich  were  couA^eyed  by  this  Commonwealth  \\\Xh 
^varrantv  : 


RESOLVES,  March  3,  1809.  273 

Resolved,  for  reasons  set  forth  in  the  petition,  that  the  Attorney- 
General  of  this  Commonweahh,  be,  and  he  hereby  is  authorized  to 
appear  on  behalf  of  said  Commonwealth  in  the  suits  now  depend- 
ing in  the  county  of  Middlesex,  brought  by  the  said  James  Martin 
against  William  Cunningham  and  the  said  Jacob  Welsh,  respec- 
tively, for  the  recovery  of  parts  of  said  lands,  conveyed  to  said  Ja- 
cob Welsh  as  aforesaid,  to  examine  into  the  title  of  the  said  James 
Martin  to  the  said  lands ;  and  the  said  Attorney  General  is  further 
authorized  and  required  on  behalf  of  this  Commonwealth,  to  defend 
against  the  claim  of  said  Martin  in  said  suits  if  he  shall  think  it  ex- 
pedient, and  not  otherwise,  and  to  substitute  any  other  person  to 
do  and  transact  the  said  business  in  his  stead,  or  any  m.atter  or  thing 
thereto  appertaining  at  his  discretion. 

And  it  is  further  resolved.  That  the  Governour,  by  and  with  the 
advice  and  consent  of  the  Honourable  Council  be,  and  he  hereby  is 
authorized  and  requested  to  issue  his  warrant  on  the  Treasury  for 
such  sum,  not  exceeding  One  hundred  Dollars,  as  the  said  Attorney 
General^  shall  apply  for  to  defray  the  necessary  expenses  of  any  of 
the  services  hereby  required,  for  which  sum  the  said  Attorney 
General  is  to  be  accountable. 

CCLXC. 

Resolve  allowing  Jonathan  L.  Austin,  Esq.  late  Secretary,  one 
hundred  and  fifty  dollars,  of  the  fees  in  his  hands,  and  discharging 
him  on  payment  of  the  residue.     March  3,   1809. 

Whereas  Jonathan  L.  Austin,  Esq.  late  Secretary  of  this  Com- 
monweakh  has  represented  to  this  court,  that  during  tlie  first  year 
of  his  serving  in  the  Office  of  Secretary,  viz.  from  June  eighteen 
hundred  and  six,  to  June  eighteen  hundred  and  seven,  he  received 
in  fees  of  said  office,  seven  hundred  and  tv/enty  seven  dollars,  and 
seventy  six  cents,  which  sum  was  deducted  out  of  his  salary  for 
the  year  following,  and  also  that  he  received  in  fees  of  said  office 
from  June  eighteen  hundred  and  seven,  to  June  eighteen  hundred 
and  eight,  five  hundred  and  three  dollars,  and  forty  eight  cents, 
which  last  sum  he  has  made  application  might  be  adjusted  :  There- 
fore, 

Resolved,  That  considering  the  statement  made  of  some  extra 
services  performed  by  said  Jonathan  L.  Austin,  i:sq.  while  Secre- 
tary of  this  Commonwealth,  that  he  be  allowed  to  retain  the  sum  of 
one  hundred  and  fifty  dollars  of  the  money  nov/ remaining  in  his 
liands  as  a  full  compensation  lur  said  extra  services.  And  that 
upon  the  pa3Muent  of  three  hundred  and  fifty  three  dollars  and  for- 
ty eight  cents  into  the  treasury  of  this  Commonwealth,  lie  be,  and 


574  RESOLVES,  March  3,  1801». 


hereby  is  discharged  from  all  demands  of  the  Common\yealtb 
against  him  for  fees  received  by  him  as  Secretary  as  aforesaid  for 
the  last  year  he  served  in  that  office,  ending  June  eighteen  hundred 
and  eight. 

CCXCI. 

Hesolve  discharging  the  Attorney  General  upon  his  paying  into  the 
Treasury  the  balance  in  his  hands.     March  3,  1809. 

Upon  the  report  of  Barnabas  Bid  well,  Esq.  Attorney  General 
stating  the  proceedings  in  the  cases  of  Wm.  H.  McNeil  against 
John  Bright  and  others,  James  Martin  against  Lemuel  Petts,  James 
Martin  agninst  Sampson  Woods  and  against  Ebenezer  Stone,  Levi 
Sherwin,  Zimri  Sherwin,  and  Abner  Adams,  Oliver  Eager  and 
his  wife,  against  the  Commonwealth,  and  Abraham  Munroe,  James 
Maitin  against  Winslow  Parker,  the  Penobscot  Ii^ian  deed,  and 
the  estate  of  William  Morgan  : 

Resolved^  That  the  balance  due  from  said  Attorney  General  to 
the  Commonwealth,  upon  his  account  of  receipts  disbursments  and 
services  in  the  said  cases  is  forty  four  dollars  and  seventy  seven 
cents,  upon  the  payment  of  which  sum  into  the  Treasury  of  this 
Commonwealth,  the  said  Attorney  General  shall  be  discharged 
therefrom. 

CCXCIL 

Resolve  discharging  Isaac  Oakman  and  Xathaniel  Low  from  their' 
recognizances.     March  3,  1809. 

On  the  petition  of  Isaac  Oakman  of  Bangor,  county  of  Hancock, ' 
and  Nathaniel  Low  of  Waterville,  county  of  Kennebeck,  shewing 
that  the  petitioners  recognized  in  the  sum  of  three  hundred  dollars 
each  as  sureties  for  the  appearance  of  one  Levi  Low,  before  the 
Justices  of  the  Supreme  Judicial  Court,  which  was  to  be  liolden  at 
Castine  within  and  for  the  said  countv  of  Hancock  in  June  eisrhteen 
hundred  and  seven,  and  for  his  abiding  the  order  and  sentence  of 
the  said  Court,  that  the  petitioners  together  with  others  at  their 
expense  travelled  many  miles  and  made  diligent  search,  but  were 
imable  to  render  the  said  Levi  into  Court  before  its  adjournment, 
on  which  writs  of  scire  facias,  were  sued  out  against  the  petitionerb 
as  well  as  the  said  Levi,  tliat  afterwards  in  July  following,  after  a 
severe  conflict  the  said  Levi  was  committed  to  the  Common  Gaol 
in  Castine,  and  in  November  following  made  his  escape  to  place- 
luiknown  to  the  petitioners,  that  at  the  next  June  term  in  saic 
county,  judgment  was  rendered  against  the  petitioners,  but  execuvl 


RESOLVES,  March  3,  1809.  sr5 

tlon  stayed  till  February,  eighteen  hundred  and  nine,  to  give  them 
an  opportunity  to  apply  to  ihe  General  Court  for  relief : 

Resolvedy  Therefor  for  reasons  set  forth  in  sai^  petition,  that 
the  said  Isaac  Oakman,  and  Nathaniel  Low  be  discliarged  from 
their  respective  recognizances  aforesaid  from  the  judgments  ren- 
dered on  the  said  writs  of  scire  facias,  severally,  upon  payment  of 
the  costs  thereto  appertaining'. 

CCXCIIL 

JResolve  granting  thirty  five  dollars  to  Joseph  Spaulding. 
March  3,  1809. 

Whereas  Joseph  Spaulding  of  Fairfield  in  the  county  of  Kenne- 
beck,  one  of  the  Constables  of  said  town,  while  in  the  execution  of 
the  duties  of  his  office  on  the  eleventh  day  of  January  last,  had  his 
horse  killed,  by  two  persons  disguised  as  Indians,  and  the  said  Jo- 
seph having  petitioned  this  Court  to  afford  him  some  relief  : 

Therefore  resolved^  That  there  be  allowed  and  paid  out  of  the 
Treasury  of  this  Commonwealth  to  tlie  said  Joseph  Spaulding  the 
sum  of  thirty  five  dollars,  and  the  Gov^our  with  the  advice  of 
Council  is  hereby  authorized  and  empowered  to  draw  his  warrant 
in  favour  of  said  Spaulding  on  the  Treasurer  for  said  sum. 

CCXCIV. 

Resolve  granting  taxes  to  the   Counties  of  Hancock  and  Dukes 
County.     March  3,  1809. 

On  the  representation  of  the  committee  on  county  estimates, 
stating  that  the  estimates  for  county  taxes  in  the  Counties  of 
Dukes  County  and  Hancock,  were  not  accompanied  with  the 
accounts  of  the  Treasurers  of  those  Counties,  and  as  great  incon- 
veniencies  may  arise,  if  no  tax  is  authorized  for  those  Counties  the 
present  year  : 

Resolved,  That  the  estimates  made  by  the  Court  of  Sessions 
for  the  County  of  Dukes  County  at  the  November  term  eighteen 
hundred  and  eight,  amounting  to  six  hundred  dollars,  and  the  esti- 
mate made  by  the  Court  of  Sessions,  for  the  county  of  Hancock 
at  the  November  term  eighteen  hundred  and  eight,  amounting  to 
twenty  five  hundred  dollars,  be,  and  they  are  hereby  granted  as  a 
tax  for  the  said  Counties  of  Dukes  County  and  Hancock  respect- 
ively, for  the  present  year  to  be  apportioned,  assessed,  paid,  col- 
lected, and  applied  for  the  purposes  aforesaid  according  to  hw. 


276  RESOLVES,  March  4,  1809. 

And  it  is  further  resolved^  The  Treasurers  of  the  said  Counties 
of  Hancock  and  Dukes  County  respectively,  be,  and  they  are  here- 
by required  and  directed  to  produce  their  accounts  as  Treasurers 
at  the  first  Session  of  the  next  General  Court. 

CCXCV. 

Resolve  aiithorizi7ig  the  Treasurer  to  borrow  fifty  thousand  dollars. 

March  3,  1809. 

Whereas  the  Treasurer  of  this  Commonwealth  has  represented 
that  the  state  of  the  Treasury  may  make  it  necessary  for  him  to 
borrow  fifty  thousand  dollars: 

Be  it  therefore  7-esolved,  That  the  Treasurer  of  this  Common- 
wealth, be,  and  he  is  hereby  authorized  and  directed  to  borrow  of 
the  Boston  and  Union  Banks  any  sum  not  exceeding  fifty  thou- 
sand dollars, that  may  at  anytime  be  necessary  for  the  payment  of 
the  demands  made  on  the  Treasur}-.  And  that  he  repay  any  sum 
he  may  borrow  as  soon  as  money  sufficient  for  that  purpose  shall 
be  received  into  the  Treasury,  and  not  otherwise  appropriated. 


^ 


CCXCVI. 


Resolve  gra?itmg  Thomas  JVallcut^  two  hundred  and  fifty  dollars.. 

March  4,  1809. 

Resolved^  That  two  hundred  and  fifty  dollars  be  granted  and 
paid  out  of  the  Treasury  to  Thomas  \Vallcut  assistant  clerk  of 
the  House  of  Representatives  in  full  for  his  services  the  present 
Session  of  the  General  Court. 

CCXCVII. 

Besohe  for  paying  Clerks  of  the  two  Houses.     March  4,  1809.  " 

Resolved,  That  there  be  paid  out  of  the  publick  Treasury  to 
Nathaniel  Coffin,  clerk  of  the  Senate,  and  to  Nicholas  Tillinghast 
clerk  of  the  House  of  Representatives,  three  hundred  and  fifty  dol-" 
Lirs  each,  and  also  to  Samuel  F.  McCleary,  assistant  clerk  of  the 
Senate,  two  hundred  and  fifty  dollars,  in  full  for  their  services  in 
their  said  ofiices  the  present  Session  of  die  General  Court. 


EESOLVES,  March  4,  1809.  5277 

CCXCVIII. 

Uesolve  for  paying  the    Committee  for  examining  and  allozving  ac- 
counts against  the  State.     March  4,  ifc09. 

JResolved,  That  there  be  allowed  and  paid  out  of  the  publick 
Treasury,  to  the  Committee  appointed  to  examine  and  pass  on  ac- 
counts presented  against  the  Commonwealtli  for  their  attendance 
on  that  service  during  the  present,  and  last  Session,  the  sums  an- 
nexed to  their  names  respectively,  in  addition  to  their  pay  as  mem- 
bers of  the  LeR;islature. 

Hon.  Thorny.  Hale,  forty  days,  forty  dollars. 

Hon.  David  Perry,  forty  days,  forty  dolku's. 

Joseph  Titcomb,  forty  days,  forty  dollars. 

Silas  Holman,  forty  days,  forty  dollars. 

Nathan  Fisher,  thiity  seven  days,  thirty  seven  dollars. 

Which  sums  shall  be  in  full,  for  their  services  aforesaid  respec- 
tively. 

CCXCIX, 

Hesolve  granting  tnvo  hundred  dollars  to  pay  assistant  Clerks  em- 
ployed to  expedite  the  publick  business.     March  4,  1809. 

Resolved^  That  there  be  allowed  and  paid  out  of  the  publicit 
Treasury  two  hundred  dollars  unto  William  Tudor,  Esq.  Secreta- 
ry of  the  Commonwealth  to  pay  for  assistant  Clerks,  employed  to 
expedite  the  publick  business,  he  to  be  accountable  for  the  same, 
and  that  his  Honour  the  Lieutenant  Governour  be  requested,  by 
and  with  the  advice  and  consent  of  the  Council  to  draw  a  warrant 
©n  the  Treasury  accordingly. 

CCC. 

Resolve  granting  two  Townships  to  Middlesex  Canal  proprietors^ 

March  4, 1809. 

On  the  petition  of  the  proprietors  of  the  Middlesex  Canal  in 
their  corporate  capacity,  by  the  President  Directors  and  Agent  of 
the  corporation,  praying  for  a  grant  of  land  to  enable  them  to  ex- 
tend the  inland  navigation  from  Boston,  by  clearing  the  obstruc- 
tions of  the  river  Merrimack,  and  the  river  Nashawa  : 

Resolved,  For  the  reasons  set  forth  in  the  petition  that  there  be, 
and  hereby  is  granted  two  townships  of  land  of  the  contents  of 
six  miles  square  to  be  laid  out  and  assigned  from  any  of  the  unap- 

K  k 


278  RESOLVES,  March  4,  1809. 

propriated  lands  belonging  to  the  Commonwealth  in  the  District 
Oi  Maine,  excepting  the  ten  townships  lately  purchased  of  tlie 
Penobscot  Indians,  and  the  land  formerly  contracted  for  by  Jackson 
and  Flint,  the  same  to  be  vested  in  said  proprietors  in  their  corpo- 
rate cap.icity  and  their  successors  forever,  with  full  power  and  .,a- 
thorityto  sell,  conve,  and  dispose  thereof  in  such  way  and  mahi.er 
as  shall  best  promote  their  interest  in  the  extension  and  improve- 
ment of  inland  navip:ation  espcciall\  on  the  river  Merrimack  and  the 
2'iver  Nashawa,  the  same  to  be  laid  out  under  the  direction  of  the 
committee  for  the  sale  of  eastern  lands,  at  the  expense  of  the  s'ud 
propric;tors  :  Provided^  That  there  be  reser\ed  in  each  of  said 
townships,  three  lots,  of  three  hundred  and  twenty  acres  each  for 
the  following  uses,  viz.  one  lot  for  the  first  settled  Minister,  one  lot 
for  the  use  of  the  ministry,  and  one  lot  for  the  use  of  schools  in  said 
Townships  Respectively. 

CCCI. 

Resolve  gravfw^f  a  Towmhip  of  land  for  the  maintenance  of  the 

Professorship  of  jXatural  History,  at  Cambridge. 

March  4,  1809. 

Jh'solved,  That  there  be  and  hereby  is  appropriated  for  the  sup- 
port and  maintenance  of  the  Massachusetts  Professorship  of  Nat- 
ural History  established  at  Cambridge,  one  township  of  land  to 
contain  six  miles  square,  and  to  be  located,  surveyed,  and  assigned, 
from  any  of  the  ur.  pnropriated  lands  belonging  to  the  Common- 
wealth in  the  District  oi  Maine,  excepting  the  ten  townships  pur- 
chased of  the  Penobscot  Indians  and  the  lands  contracted  for  by 
Jackson  and  Flint,  under  the  direction  of  the  committee  for  the 
sale  of  eastern  lands,  at  the  expense  of  the  Massachusetts  Society 
for  promoting  agriculture,  and  a  plan  thereof  to  be  lodged  in  the 
Secretary's  office,  and  that  the  trustees  of  said  society  be  authorized 
to  dispose  of  and  sell  the  same  land  on  the  best  terms  tliey  laay  be 
able,  and  that  the  Secretary  of  the  Commonwealth  for  the  time  be- 
ing, be  empowered  to  make,  and  execute,  good  and  legal  deeds  of 
conveyance  to  such  person  or  persons,  as  said  trustee  s  shall  direct, 
and  the  said  trustees  shall  appropriate  the  proceeds  of  said  sales 
for  tlie  maintenance  and  support  of  the  said  professorship,  in  con- 
junction with  the  other  funds  thereto  belonging. 

Provided,  The  trustees  of  said  society  or  their  assigns  shall 
cause  to  be  settled  fifteen  families  in  said  township  within  twelve 
years  from  the  passing  of  this  resolve,  and  also  that  there  be  re- 
served in  said  to^vnship  three  lots,  of  three  hundred  and  twenty 
i\cres  each,  for  the  following  Ubcs,  viz.  one  lot  for  tlie  first  settled 


I 


RESOLVES,  March^4,  1809.  27^- 

minister,  one  lot  for  the  use  of  the  ministry,  and  one  lot  for  the  use 
of  the  schools  in  said  township. 

CCCII. 

Resolve  for  compensating   the  Lieutenant  Governour   and   Com- 
mander in  Chief.     March  4,  1809. 

Besolve,  That  there  be  allowed  and  paid  out  of  the  publick 
Treasury  to  his  Honour  Levi  Lincoln,  Esq.  for  the  time  he  has 
and  may  continue  to  execute  the  duties  of  Chief  Magistrate  of  this 
Commonwealth,  such  sum  as  together  with  the  compensation  he  is 
entitled  to  as  Lieutenant  Governour  sh^'.l  make  his  pay  during 
such  period,  equal  to  that  allowed  b}  law  to  the  Governour  of 
this  Commonwealth. 

CCCIIL 

Resolve  for  supplying  an  omission  in  the   commission  of  Captain 
Samuel  Webb,  third.     March  4,   1809. 

The  committee  to  whom  was  referred  the  petition  of  Samuel 
Webb,  third,  have  considered  the  subject  referred  to  in  said  petir 
tion  and  beg  leave  to  report. 

That  on  the  twentieth  day  of  April  eighteen  hundred  and  seven, 
Samuel  Webb,  third,  was  chosen  Captain  of  a  company  of  Militia 
in  second  Regiment,  first  Brigade,  first  Division  of  the  Miiitia  of 
this  Commonwealth,  that  the  retuin  was  made  to  the  Adjutant 
General's  Office,  without  the  addition  third,  that  a  commission  was 
issued  to  Samuel  Webb,  by  which  means  he  is  deprived  of  the 
power  necessary  to  perform  the  duties  of  a  captain  :   Therefore, 

Resolved^  That  the  Commander  in  Chief  be  and  he  hereby  is 
requested  to  direct  the  Adjutant  General  to  make  the  addition  of 
third,  to  the  name  of  Samuel  Webb,  in  the  commission  issued  to 
the  said  Samuel  Webb,  on  the  said  twentieth  day  of  April 
eighteen  hundred  and  seven,  by  the  then  Commander  in  Cliief. 

CCCIV. 

Resolve  on  the  petition  of  Josiah  TVillard,  administrator  of  the 
estate  of  Josiah  Willard  deceased,  authorizing  the  Treasurer  to 
receive  his  bond.     March  4,  1809. 

Upon  the  petition  of  Josiah  Willard  administrator  on   the  estaie 
.  of  Josiah  Willard  deceased,  praying  that  his  bond  with  sufUcieivi 


UBO  RESOLVES,  March  i,  1809. 

surety  may  be  accepted  in  satisfaction   of  a  judgment  in  favour  of 
the  Commonweallh  against  one  William  Blanchard  : 

Resolved,  For  reasons  set  forth  in  said  petition  that  the  Treasur- 
er of  this  Commonweahh  be,  and  hereby  is  authorized  and  direct- 
ed to  receive  of  Josiah  Willard  of  Boston  in  the  county  of  Suffolk 
V.is  bond  to  said  Commonwealth  v.ith  sufficient  suret}*  to  the  satis- 
faction of  said  Treasurer  conditioned,  that  he  will  pay  or  cause  to 
be  paid  to  s;iid  Commonwealth  within  two  years  from  the  first  day 
of  April  next   the  amount  of  the  debt  contained  in  a  certain  judg- 
ment  and  execution  in  favour  of  said  Commonwealth  against  one 
William  Blanchard  of  Lancaster  in  the  county  of  Worcester  and 
the  interest  thereon  from  the  rendition  of  such  judgment  to  said 
time  of  pa',  ment,  which  same  judgment  was  rendered   by  the  Su- 
preme Judicial    Court  holden  at  Worcester,  within  and  for  the 
county   of  Worcester,   on  the   third  Tuesda)'  of  September   last, 
and  when  the  same  bond  shall  be   received  by  the  said  Treasurer, 
he  shall  give  to  the  said  Josiah  Willard  a  certificate  that  he  has  re- 
ceived such  bond  as   aforesaid,   and  cause  the  same  to  be  filed  in 
the  Treasurer's  ofhce,  and  the  said  Josiah  Wilbrd,  or  the  said  ^Vif- 
liam  Blanchard,  upon  producing  to  the  Sheriff  of  said  county  of 
Worcester  or  any  Deputy  of  his,  who  may  have  the  execution 
aforesaid,  an  authentick   copy  of  this  resolve  and  the    certificate 
aforesaid,  and  paying  to  such  Sheriff  or  his  Deputy  the  costs  in 
such  execution  mentioned  and  the  fees  to  which  such  Sheriff  may 
be  entitled  upon  the  same,  he  shaJl  be,  and  hereby  is  directed  to 
return  the  same  execution  fully  satisfied. 

CCCV. 

Resolve  on   the  petition  of  Joseph  Blake  and  others  giving  Jurther 
time  to  settle  townships.     March  4,   1S09. 

On  the  petlilon  of  Joseph  Blake  and  others  : 

Resolved,  For  reasons  set  forth  in  the  said  petition,  that  the  fur- 
ther time  of  four  years  from  the  first  day  of  June  next  be  allowed 
to  Joseph  Blake  his  heirs  and  assigns,  owners  of  township  number 
one,  in  the  fifth  range  north  of  tlie  ^^'aldo  Patent,  to  complete  the 
seltlement  of  fifty  families  in  said  township;  to  Samuel  Parkman 
his  heirs  and  assigns  ov/nerof  townships  number  eight  in  the  eighth 
range,  and  number  live  in  the  sixth  range,  north  of  the  Waldo  Pa- 
tent to  complete  the  settlement  of  forty  families  in  each  of  said 
to\\  nshi|;s  ;  to  John  Peek  and  Benjamin  Hichborn  their  heirs  and 
assigns,  ov.ners  of  townsliip  nunibcr  two,  in  tlic  second  range  ly- 
inj^  between  Bingham's  Million  acres,  and  the  line  of  Nev/Harnp- 


RESOLVES,  March  4,  1809.  281 

sliire,  to  complete  the  settlement  of  thirty  families  in  said  to^\'nship  ; 
to  William  Phillips,  his  heirs  and  assigns,  owner  of  tov»-nship  num- 
ber one,  of  the  townships  of  eight,  lying  between  the  river  Andro- 
scoggin imd  Kennebeck,  as  surveyed  by  Samuel  Titcomb,  in  the 
year  seventeen  hundred  and  ninety  three,  to  complete  the  settle- 
ment of  thirty  families  in  said  to^^■nships ;  to  Benjamin  Joy  and  others, 
of  dieir  heirs  and  assigns  owners  of  townships  number  six,  and  eight 
being  two  of  the  townships  of  eight  aioresaid  to  complete  the  settle- 
ment of  thirty  families  in  each  of  said  townships,  and  to  complete 
the  settlement  of  forty  families  in  township  number  four,  in  the 
first  range,  and  to  complete  the  settlement  of  thirty  families  in  each 
of  the  following  to^^-nships,  viz.  number  two  in  the  fourth  range, 
number  uvo  in  the  third  range,  and  number  thiee  is  the  fourth 
range,  lying  north  of  the  Waldo  Patent  ;   to  \\'illiam  Dodd   his 
heirs  and  assigns,  owner  of  to\^-nship  number  six  in   the  eighth 
range,  north  of  the  Waldo  Patent,  to  complete  the  settlement  c^ 
forty  families  in  said  township  ;  to  Be ;  .jamcn  Busscy  his  heirs  and  as- 
signs, owner  of  to^\^nship  number  four,  in  the  fourth  range  lying 
between  Biiigham's  Million  acres  and  the  line  of  Newhampshire,  to 
complete  the  set' lenient  of  thirty  families  in  said  tovrnship  ;  to  Leon- 
ard J:irvis,  and  others,  their  heirs  and  assigns,  OAvners  of  tovv-nships 
number  seven  and  eight,  and  a  gore  of  land  lying  north  of  said 
to\\niships,   all   lying   between   Peiiobscot  riAer,  and  the  I^oltery 
townships,   to  complete   the  scitlement  of  tv.enty  six  families,  in 
each  of  said  townships,  and  to  comi)iete    the  settlement  of  eight 
families,  on  said  gore  of  l;ind  aforesmd,  And  that  if  said  Blake. 
Pc'rkman,    Peck    inid    Hiichborn,    Phillips,  Joy,    Dodd,    Bussey. 
Jarvis,  or  either  of  tliem,  tlieir  heirs  or  assigns  shall  settle  v.ithin 
said   time  the    said  niunber  of  families  (including   those  already 
settled)  on  said  townships  or  tracts  respec'i\el}',  that  then  the  estate 
right  and  title  of  s;nd  Blake,  Parkman,  Peck  and  Hiehbom,  Phil- 
lips, Joy,   Dodd,  Bussey  and  Jarvis,  or  either  of  them,  and  their 
heirs  and  assigns,  shall  be  valid  full  and  eitectual  to  all  intents  and 
purposes,  as  if  the  conditions  of  settlement  expressed  in  the  origi- 
nal deeds    gi^■en  of  the  said  townships  and  gore  aforesaid  by  the 
committee  appointed  by  the  General  Court  to  sell  and  convey  the 
unappropriated  lands,  in  the  District  of  Maine  had  been  fully  and 
seasor.abl}-  complied  with. :  provided,  nevertheless,  that  the  said  Blakc, 
Parkman,  Peck  and  Hichborn,  Phillips,  Joy,  Dodd,    Busscy  and 
Jar\  is,  aforesaid  ,lheir  heirs  or  assigns,  shall  on  or  before  the  first  day 
of  December  next,  sevcrallv  give  bojids  to  tliis  Commonv.caltlt, 
with  sufficient  surety  or  sureties  to  the  satisfaction  of  the   Agents 
for  sale  of  eastern  lands,  conditioned  that  the  number  of  fiimilies 
severally  renuircd  in  said  original  deeds  to  be  settled  on  ssid  lands, 
shall  within  the  said  terra  of  fbii:'  yeiu-ii  be  seUlcd  on  said  tovrnshi^s 


-282  RESOLVES,  March  4,  1809. 

and  gore  of  land,  or  for  the  payment  of  diirty  dollars  for  each  fam- 
ily which  shall  then  be  deficient. 

CCCVI. 

Mesolve  forpmjing  Isaac  Fisk,  and  Henry  Wihon,  members  of  the 
House,  omitted  in  the  pay  roll.     March  4,   1809. 

Fesoiyed,  That  there  be  paid  out  of  the  publick  Treasur}-  to 
Isaac  Fisk,  Esq.  a  member  of  the  House  of  Representatives  from 
the  town  of  Weston,  three  dollars  for  his  travel,  and  thirty  dollars 
for  his  attendance  during  the  present  session  of  the  General  Court. 
And  that  the  Treasurer  be,  and  he  hereby  is  directed  to  charge 
the  said  sum  of  thirty  dollars  to  the  said  town  of  Weston,  that,  the 
same  may  be  added  to  the  proportion  of  said  town  in  the  next 
State  tax. 

J?id  be  it  further  resolved,  That  there  be  paid  out  of  the  Treas- 
ury to  Henry  Wilson,  a  member  of  the  House  of  Representatives 
from  the  town  of  Topsham  thirty  two  dollars  for  his  travel,  and 
eighty  dollars  for  his  attendance  the  present  Session  of  the  General 
Court,  and  that  the  Treasurer  be,  and  he  hereby  is  directed  to 
charge  said  sum  of  eighty  dollars  to  said  town  of  Topsham,  that 
the  same  may  be  added  to  the  proportion  of  that  town  in  the  next 
State  tax. 

CCCVII. 

Resolve  for  paying  Thonuis  Perkins,  Esq.  member  of  the  House, 
omitted  on  the  pay  roll.     March  ^,   1809. 

Besolvcd,  That  there  be  allowed  and  paid  out  of  the  Treasury  of 
this  Common^vealth,  to  Thomas  Perkins  a  member  of  the  House 
of  Representatives  from  the  to\vn  of  Arundel!,  tv\enty  one  dollars 
for  his  travel,  and  eighty  dollars  for  his  attendance  during  the  pres- 
ent session  of  the  General  Court.  And  that  the  Treasurer  be,  and 
he  hereby  is  directed  to  charge  the  said  sum  of  eighty  dollars  to 
the  said  town  of  Arundell  in  order  that  the  same  may  be  included 
in  the  proportion  \^■hich  said  town  shall  be  assessed  to  pay  in  the 
next  Stiue  tax. 

CCCVIII. 

Resolve  granting  Nathaniel  Brown,  and  Jared  Carrol  jive  hundred 
dollars,  for  apprehending  Counterfeitors.     March  X,  1809. 

Whereas  Nathaniel  Brown,  and  Jared  Carrol  have  represented 
to  this  Courtj  that  in  the  course  of  tlie  year  past,  tliey  have  employ- 


RESOLVES,  March  1, 1809.  283 

ed  much  time,  and  expended  considerable  sums  of  monc}%  in  the 
detection  and  pursuit  of  sundry  counterfeitors  of  bank  bills,  and 
that  by  their  vigilance  and  exertions  two  persons  have  been  indicted 
convicted  and  sentenced  to  tl.e  States  Prison,  and  two  other  persons, 
viz.  Jesse  Homer,  and  Amos  Wheeler,  indicted  and  recognized 
whh  sureties  for  their  appearance  at  Court,  but  fiiling  to  appear 
have  forfeited  their  recognizances,  each  in  the  sum  of  five  hundred 
dollars,  to  which  sums  tlie  Commonwealth  has  thereby  become  en- 
titled, and  legal  process  is  issued  for  the  collection  thereof . 

Besolved,  That  there  be  allowed  to  the  said  Nathaniel  BroAvn 
and  Jared  Carrol,  the  sum  of  five  hundred  dollars  to  be  paid 
them,  out  of  the  sums  of  money  which  may  be  collected  on 
the  recognizances  aforesaid,  and  not  otherwise,  the  payment  to  be 
made  by  the  Attorney,  or  Solicitor  General,  or  Treastirer  of  the 
county  of  Suffolk,  whoever  of  them  shall  have  received  the  same  for 
the  Commonwealth,  and  the  receipt  of  the  said  Brown  and  Carrol 
shall  be  a  sufficient  voucher  to  that  amount,  for  said  Attorney,  or  So- 
licitor General,  or  county  Treasurer,  in  his  settlement  of  his  account. 

CCCIX. 

Resolve  for  paying  the  Chaplains  of  the  General  Cotai, 
March  4,   1809. 

Resolved^  That  there  be  allowed  and  paid  out  of  the  publick  Treits- 
ury  of  this  Commonwealth  to  the  Rev.  Joseph  S.  BucLminster^ 
Chaplain  of  the  Senate,  and  to  the  Rev.  Charles  Lowell,  Chaplain 
of  the  House  of  Representatives  the  sum  of  sixty  dollars  each^ 
in  full  for  their  services  respectively  during  the  present  year. 

CCCX. 

Resolve  p'anting  Isaac  Burnham  of  TFelis^  three  hundred  doUarSj 
in  consideration  oj  a  rvowid  and  expenses.     March  4,   1809. 

On  the  petition  of  Isaac  Burnham  of  Wells  in  the  county  of 
York,  a  private  in  a  company  of  cavalry,  commanded  by  cap- 
tain Nathaniel  Frost,  in  the  first  Brigade,  in  the  sixth  division 
of  the  Militia  of  this  Commonwealth  praying  for  relief  in  con- 
sideration of  an  extrem.e  bad  wound  received  on  his  left  leg, 
while  on  his  return  from  military  duty  on  the  twenty  ninth  day 
of  September,  one  thousand  eight  hundred  and  six  : 

Resolved^  For  reasons  set  forth  in  said  petition,  that  there  be 
allowed  and  paid  out  of  the  publick  Treasury  to  the  said  Jsaor 


284  RESOLVES,  March  4,  1809. 

Burnham,  three  hundred  dollars  in  full  consideration  for  all  ex- 
penses and  loss  of  time  incurred  in  consequence  of  said  wound» 

CCCXI. 

Resolve  granting  to  NotJmniel  Coffin,  Esq.  one  hundred  and  six- 
ty dollars,  for  making  an   Index  to  Senate  Journals., 
March  4,   1809. 

Resolved,  That  there  be  paid  out  of  the  Treasury  of  this  Com- 
monwealth, the  sum  of  one  hundred  and  sixty  dollars  to  Na- 
thaniel Coffiji,  in  full  for  his  services  in  making  an  Index  to  the 
Senate  Journals,  from  the  year  1790  to  the  year  1808,  both  in- 
clusive, also  in  full  for  money  paid  by  him  for  assistance  thereia 
and  for  money  paid  by  him,  for  copies  of  the  memorial  of  this  Le- 
gislature to  the  Congress  of  the  United  States. 

CCCXIL 

Resolve  granting  fifty  dollars  to  the  Gentleman  xvho  shall  preaek 
the  next  election  sermon.     March  4,  1809. 

Resolved,  That  the  gentleman  who  shall  preach  the  next  elec- 
tion sermon  on  the  last  Wednesday  of  May  next,  be  allowed 
and  paid  fifty  dollars  from  the  Treasury  of  this  Commonwealth* 

CCCXIIL 

Resolve  authorizing  the  Messenger  to  make  all  necessary  repairs  to 
the  State  House.     March  4,  1809. 

Resolved,  That  the  Messenger  of  the  General  Court,  be,  aildl 
he  hereby    is  authorized    and    directed  to  employ  some  suitable 
person  or  persons,  to  make  all  necessary  repairs  to  the  State  House, 
and  to  lay  his  account  before  the  committee  on  accounts  for  allowance. 

CCCIV. 

Resolve  ajithof'izing  Sa?nuel  F?'eeman  as  Guardian  to  Join  in  corrvey- 
ance  of  Imlf  a  certain  Farm  to  Jonathan  White.     March  4,  1809. 

On  the  petition  of  Samuel  Freeman,  as  Guardian  in  behalf  of  the 
Minot  heirs  of  Stephen  Gerould  late  of  Sturbridge  yoeman  deceased 


RESOLVES,  March  4, 1809.  ,285 

praying  to  be  empowered  to  join  with  the  other  heirs,  who  arc  of  age, 
to  recov;T  certain  land  to  Jonathan  White,  of  said  Sturbridge  yeoinan. 
Resolved,  That  the  said  Samuel  Freeman,  in  his  capacity  as 
Guardian  to  the  minor  heirs  of  the  said  Stephen  Geronld,  be,  and  he 
is  hereby  auihoriztd  and  empowered  to  join  with  the  other  heirs  of 
the  said  Stephen  Gerould,  toreconvey  by  deed,  one  half  of  the  farm 
ofthe  said  White,  by  him  conveyed  to  the  said  Stephen  for  the  con- 
sideration of  one  hundred  and  tliirty  two  dollars,  upon  the  said  Jona- 
than White's  paying  oack  to  the  heirs  ofthe  said  Stephen  the  above 
mentioned  sum  together  with  legal  interest  thereon,  which  shall  be 
considered  as  belonging  to  the' personal  estate  ofthe  said  Stephen 
Gerould. 

cccv. 

Mesotve  granting  Sylvanus  Lapham  additional  pay.     March  4,  1809. 

Resolved,  That  there  be  allowed  and  paid  out  ofthe  ])ublick  Treas- 
ury of  thii  Coinmonwealth  unto  Sylvanus  Lapham  one  dollar  per  day 
from^  the  twenty  fifth  day  of  January  last,  until  the  close  of  the  prebcnt 
Session  ofthe  General  Court  over  and  abov  e  his  u:sual  pay  for  his  ser- 
vices as  assistant  to  the  mtssenger  ofthe  General  Court. 


h\ 


286  RESOLVES,  March  4,  1809. 

Roll  No.  60.     January  1809. 

THE  Committee  on  accounts  having  examined  the  sevei*al  ac^ 
counts,  they  now  present, 

REPORT,  That  there  are  due  to  the  corporations  and  persons 
hereafter  mentioned,  the  sums  set  to  their  names  respectively, 
which,  when  allowed  aitd  paid,  will  be  in  full  discharpie  of  the  said 
accounts  to  tlic  sev\.iai  dates  therein  mentioned,  which  is  respect- 
fully submitted. 

THOMAS  HALE,  per  order. 


D.  C. 


Pauper  Accounts. 

TowTJ  of  Ashfield,  for  boarding  and  clothing  Mary  Aid- 
rich  and  children,  and  sending  them  out  of  this  Com- 
monwealth, 92  50h 

Adams,  for  boarding,  clothing  and  nursing  Freeman 
Biakely,  Susanna  Camp,  Ann  Wallin,  and  two  Chil- 
dren of  Lydia  Daly,  to  15th  January,  1809,  and  Joseph 
I'l't-Mica  to  time  of  his  .^"oing  out  of  the  State,  and 
L}  dia  Daly  to  tlie  thue  of  her  death,  and  funeral 
charges,  175  24 

Aitleliorough,  for  l:oarding,  nursing  and  doctoring  Reu- 
ben Purchase,  to  the  time  of  his  going  out  of  this  Com- 
monwealth, 11  22 

Augusta,  for  boarding,    clothing,    nursjng  and  doctoring 

Lydia  Gordon,  to  28th  December,  1808,  '      115  56 

Andovcr,  for  boarding,  clothing  and  doctoring,  Patrick 
Callahan  to  1st  Feburary  1809,  and  W^illiam  Darp  and 
Thomas  AValker  to  the  time  of  sending  them  out  of 
the  State,  ^  123  20 

Bridgewatcr,  for  boarding  and  clotlnng  William  Blackly 
and  Frederick  Brigncr  to  10th  February,  1809,  and 
Henry  Ash   to   the   time  he   removed   to    Taunton,     101  40 

E  ookficld,  for  boarding,  clothing   and  nursing,    George 

Basiins^ron,  and  Thomas  Boyd  to  2d  January,  1809  88  48 

Ed fo'd,  for  boarding,  cloihing  and  nursing   Mehitable 

H  lito  2d  January,  1809,  ^  65  00 

Plelcheriovvn,  for  boarding,  clothing,  and  doctoring 
'^n.os  Ames  and  Wife,  to  time  of  sending  them  out 
n\  'Ills   State,  13  00 

Eeverly,    for  l:)oarding,    clothing   and  doctoring,   sundry 

Pau;?ers  tolst  February,   1809,  675  40 

Backhinil,  for  boardin";,  r'othiiig,  nursing  and  doctorhig 

Wiliiuia  Negub  to  ist  of  February,  180^,  190  00 


RESOLVES,  March  4,  1809.  287 

Brimfield,  for  boarding,   clolhing  and  doctoring   John 

VVakely  to  7th  February,  1809,  _  97  33 

Billerica,  lor  boarding,  clothing  and  doctoring  Michael 
Taylor  to  8th  February,  1S09,  and  William  Love  and 
Wife,  to  SOth  January;  1809,  166  20 

Brewster,  for  boarding  and  doctoring  Joshua   Crofts,    to 

the  time  of  his  going  away,  29  56 

Boston,  Board  of  Health,  for  hoarding,  nursing  and  doct- 
oring sundry  Paupers,  on  Ruinsloid    Island,    to   20th  • 
January,  1809,                                                                       696  00 

Brookline,  for  boarding  and  clothing  Jacob  Harvey  to  23d 

February,  1809,  ^  67  20 

Bane,  for  boarding,  clothing  and  doctoring  Andrew 
Barrett  and  familv  to  the  time  of  their  leaving  this  State, 
and  John  C.  Dandrich  tothe  3d  of  Febru.iry,  1809,  62  30 

Boston,  for  boarding  and  clothing  sundrj  Paupers  to  1st 

December,  1808,  5978  41 

Cambridge,  for  boarding  and  clothing,  Stephen  Bell, 
John  Wiikins,  Robert  Stimpson,  James  Barker,  John 
Damother  and  Joseph  Shepherd,  to  27th  January,  1809,      138  2S 

Coleiain,  for  boarding  clothing  and  doctoring,  Sally 
Leomineer,  and  two  children  of  Sally  Gardner,  and  two 
children  of  Henry  Rogers  to  4th  January,  1809,  167  76 

Charlton,  for  boarding,  clothing  and   doctoring   Edward 

Maden  to  1st  January,  1809,  65  05 

Conway,  for  boarding,  clothing   and   doctoring   Hannah 

M'Neil  to  22d  January,  1809,  12  00 

Cape  Ehzabeth,  for  boarding,  clothing  and  doctoring 
James  Ramsbottom,  George  Jehays  and  Abram  Bricks 
to  5th  February,  1809,  195  44 

Charlestown,  for  boarding,  clothing,  nursing  and  doctoring 

sundry  Paupers,  to  2l3t  January  1  09,  392  97 

Concord,  for  boarding,  clothing  and  doctoring  Robert 
M'Conville,  John  Yutt,  Francis  Le  Gross,  John  Barr, 
and  Case,  a  negro,  to  30th  January,  1809,  and  William 
Shaw,  to  the  time  of  his  death,  including  funeral  char- 
ges, 243  11 

Carlisle,  for    boarding  and  clothing  Robert  Barber,  to 

21st  January,  1809,  47  48 

District  of  Dover,  for  boarding  and  clothing  Patrick 
Cowan,  to  the  time  of  his  death,  includiiig  funexal 
charges,  106  00 

Deerfield,  for  boarding,  clolhing,  n.v<rsing  and  doctoring 
William  Clarrick,  to  the  tiiTxc  of  his  death  and  f'lncr- 
al  cliarges,  VA  75 


288  RESOLVES,  March  4,  1809. 

Dunstal^lc,  for  boarding,  clothing  and  doctoring  Marga- 
ret! Lane,  to  3d  February,  lb09,  62  17 

Dracut,  for  boarding  and  clothing  Richard  Baker  and 

Lucy  Jaquith,  to  ist  February,  1809,  114  03 

Danvers,  for  boirding,  clothing  and  doctoring  Jane 
Duckedy,  Riuh  Parsons,  John  Urown,  and  James  Leo, 
to  7th  February  ,  1809,  155  29 

Dresden,  for  boarding  and  clothing  John  Collins,  to  1st 

January,   1809,  67  20 

Pedhani,  for  hoarding,  clothing  and  doctoring  Eleanor 

Carryl,  to  1st  January,   1809,  40  GO 

Poggett,  Samuel,  urider  keeper  of  the  goal  in  Dcdham, 
for  boarding  and  clothing  James  H.itclul,  S;.  Iv.btcr 
Belding,  and  James  Morey,  to  28th  January,  1809,  141  22 

Dighton,   for  boarding,   clothing   and   doctoring    Jacob 

Albert,  to  20ih  February,   1809,  36  51 

Deblois,  George,  keeper  of  the  Aims-House  in  Boston, 

to  1st  December,   1808,  403  50 

Egremont,  for  boarding  and  clothing  Miiry,  Elizabeth, 
Joseph,  and  Benjamin  Daly,  and  Beijamin  Randall,  to 
7th  January,   1809,  306  00 

East  Hampton,  for  boarding  and  doctoring  John  Hall,  to 

1st  February,  1809,  41   50 

Falmouth,  in  county  of  Barnstable,  for  boarding  and  cloth- 
ing Eaward  Edwards,  to  19th  Januan,  1809,  17  50 

Fayette,  for  boarding  and  clothing  William  G.  Martm, 

to  IstJiinuary,   1809,  102  92 

G.eenfield,  lor  boarding,  clothing  and  doctoring  Eu- 
nice Converse,  to  22d  Jiumary,  1809,  and  James 
Logan  to  the  time  of  his  death,  including  funeral 
charges,  114  20 

Great  Harrington,  for  boarding,  clothing,  nursing  and 
doctoring,  Isaac,  Catharine,  and  Mary  House,  and  John 
Wittie,  to  26th  December,  1808,  and  Polh"  Drum,  and 
two  children,  and  Jonathan  Siephens,  to  the  time  of 
their  going  out  of  the  Conin.onwealth,  205  04 

Gorham,  for  supporting  Robert  Gilfilling,  to  the  30th 

January,  1809,  58  74 

prtJton,  for  boarding,  clothing,  nursing  and  doctoring 
John  C.  Wright  ai  d  Wife,  nht  widow  Btrntrodt,  and 
Wiiliartj  I^epere,  and  wife,  to  lOtli  January.  lt)09,  364  61 

Gorham,  John,  »»;.;■  doctoring  Si.  tt-  P.upers,  in  Alms- 
House  in  Bostoii,  to  15th  May,  1808,  400  00 

Granby,  for  boarding,  clothing  ci^d  doctoring  Eber.ezer 

Piirwinand  Johu*3iurray,  to  31st  JiUiuary,   1809,  131  86 


RESOLVES,  March  4,  1809.  289 

Greenwich,  for  supplies   to   Elizabeth   Harrington  and 

ch.ld,  to  23d  January,  1  09,  26  52 

Gill,  for  boarding  and    clothing,  Sarah  Hambleton,    to' 

25th  January,  ii^09,  61   59 

Gloucester,  for  i:)oarding,  clothing  and  doctoring  sundry 

Paupers,  to  lOrh  November,   1808,  940  06. 

Hadley,  for  boarding,  clothing  and  doctoring  George 
Andrews  and  wile,  Friday  and  wife,  and  iMarcena 
Potter,  to  1st  January,  1809,  187  52 

Hiram  District  of,  for  boarding,  clothing  and  doctoring 

Daniel  Hickey,  to  31st  December,   1808,  54  75 

H..verhill,  for  boarding,  clothing  and  doctoring  William 
Taple}',  to  1st  January,  1809,  and  Mary  Kenny,  and 
William  Kenny,  to  time  of  removing  them  out  of  this 
State,  and  Dr.  Brick tt's  bill,  for  Phillip  Sleu,  and 
William  Tapl}  ,  heretofore  omitted.  111   50 

Hudson  John,  for  dieting  sundry  Paupers,  in  Salem  gaol, 

to  the  26th  October,  'l808,  '  268  92 

Heath,  for  boarding,  clothing  and  doctoring.  Content 
Stai'k  and  child,  to  the  time  of  sending  them  out  of  diis 
State,  101  20 

Hopkinton,  for  boarding  and  clothing  James  Roach,  to 

4th  February,   1809,'  67  20 

Hodgkins  Joseph,  keeper  of  the  house  of  correction  in 
Ipswich,  for  boarding,  clothing  and  doctoiing  Mary 
Aidlaide,  Huldah  Hicks,  John  Squires,  and  James 
Calhoun,  to  1st  February,   1809,     '  242  20 

Hartshorn  Oliver,  keeper  of  the  goal  in  Boston,  for  sup- 
porting sundry  poor  debtors,  confined  in  goal  to  11th 
February,   1  09,  979  IS 

Hailowell,  for  boarding,  clothing  and  doctoring  Rachel 
Cumming,  Jonathan  Power's  two  children,  Mattrassa 
Powers,  David  Brown  and  family,  James  Carouth,  and 
Edward  French,to  1st  January,  1809,  and  Mrs.  Carouth 
to  time  of  her  death,  including  funeral  charges,  562  CO 

Ipswich,  for  boarding  and  clothing,  Joi-.ri  S.  Thoman, 

John  Obrian,  and  Francis  Lao,  to  2d  Feb.  1809,  122  50 

Leyden,  for  boarding,  clothing  and  doctoring,  Elizabeth 
Wagner,  Jedediah  Fuller  and  family,  to  21st  January, 
1809,  and  Lanphere's  Vvif.:  and  four  children,  to  the 
time  of  sending  them  out  of  the  Commonuealth,  211  81 

Leicester,  for  boarding  and  clothing  Lydia  Dunham,  to 

1st  February,   1809,  48  70 

Lencx,  for  hoarding  and  clothing  Abram    Piilm^ir  and 

child,  to  27th  January,  1809,  69  52 


290  RESOLVES,  March  4,  1809. 

Lincoln,  for  boarding  and  nursing  Thomas  Pocock,  to  1st 

February,  1809,  86 

Lunenburg,  for  boarding,  clothing  and  doctoring  Felix, 
Tool,  to  25th  Junuiiry,'  1809,  and  George  W.  Shute  to 
time  of  his  death  and  funeral  charges,  156 

Lee,  for  boarding,  clothing,  nursing  and  doctoring  Job 
Perry  and  family,  to  the  time  of  removing  them  out 
of  this  Commonwealth,  100 

Lynn,  for  boarding,  clothing  and  doctoring  Richard  Neal, 
John  Battis,  Nancy  Carter  and  child,  William  Hawk- 
man,  George  Cammel,  and  John  Kirby,  to  8th  Feb. 
1809,  443 

Liiicolnville,  for  boarding,  clothing  and  doctoring  Alex- 
ander  White,  to  14th  February,  1809,  87 

Littleton,  for  boarding,  clothing  and  doctoring  Richai'd 
Crouch,  and  John  Putnam,  a  black  man,  to  11th 
February,  1809,  ^  160 

Lymington,  for  boarding,  clothing  and  doctoring  John 
"Oryan,to  1st  January,!  809,  68 

Marshfield,  for  boarding  and  clothing,  Philip  Mitchell,  to 
15th  May,  1808,  and  Peggy  Mitchell,  to  time  of  her 
death  and  funeral  charges,  124 

Mount- Vernon,  for  supplying  and  doctoring  John  Barrett, 

to  time  of  his  going  out  of  this  State,  10 

Monson,  for  supplynig  and  doctoring  William  Frazief, 

to  time  of  his  going  away,  10 

Monmouth,  for  boarding  and  doctoring  Joseph  Richards 

and  wife  and  child,  to  31st  Januar}',   1809,  15 

Marlborough,  for  boarding,  clothing  and  doctoring  Jo- 
seph Waters,  to  7lh  Februar}',  1809,  68 

IVIarblchead,  for  boarding, 'clothing  and  doctoring  sundr}'' 

Paupers,  to  6th  February,  1809,  795 

Middleborout^h,  for  boarding  and  clothing  John  Fitz- 
gerald, to  10th  Januar}',  1809,  67 

Mefhuen,  for  boarding,  clothing  and  doctoring  Betty 
Dickcrman,  and  Thomas  Pace,  to  1st  January,  1809,         85 

Manchester,  for  boarding,  clothii;g  and  doctoring  Thomas 
Douglas,  to  2d  February,   1809,  74 

M'  on,  for  boarding,  clothing  and  nursing,  Thomas 
WVbs^^er,  John  Murrv,  and  Rebecca  Welsh  and  her 
three  children,  to    23d  February,   1809,  221 

Manning  Thomas,  for  doctoring  State  paupers,  in  town 
of  Irb\Aich,  and  house  of  correction,  to  2d  February 
1809,  '        44 


RESOLVES,  March  4,  180ft.  291 

Nantucket,  for  boarding  and  clothing  Ellina  Jones,  James. 
Pkuo,  and  John  WUliams,  and  Aaron  Cuffy  to  12di 
Junuary,  1809,  and  Francis  M.  Young,  to  time  of 
sending  him  out  the  State,  200  48 

Ko'th- Yarmouth,  for  boarding  andclothmg  Wm.  Elwell, 

to  1st  January,  1809,  103  60. 

New-Gloucester,  for  supplying  John  May,  and  Joseph 

Gregory,  to  21  January,  1809,  50  00.. 

Kprthfield,  for.  boarding,  clothing  and  doctoring  Rich- 
ard Kingsbury,  to  25th  January,  1809,  98  20. 

Newton,  for  funeral  expenses  of  Laurence  M'Donald,         4  00 

New-Bedford,  tor  boarding,  nursing  and  doctoring  Martin, 

Joseph,  and  George  Gonosent  to  1st  February,  1809,         43  50 

Newbury,  for  boarding,  clothing   and  doctoring   sundry 

P..upers,  +0  1st  January,    1809;  956  2S 

Newburvport,  for  boarding,  cloihing  and  doctoring  sun- 
dry Paupers,  to  1st  January,  lh09,  ^       2079  74 

Oxford,  for  boarding,  clothing  and  doctoring   Catharine 

Jordan,  to  1st  January,  1809  62  00 

Orleans,  for  bearding  and  doctoring  Joshua  Crofts  to  22d 

June,  1808,  .  ^  17 

Overseers  of  Marshpee  Indians,  for  boarding  and  clothmg 
Elizabeth  Isaacs,  Quosha  Bulkin,  and  Francis  Martin, 
to  10th  January,  1809,  ^  160  02 

Palmer,  for  supporting,  William  Mendenand  wife  to  5th 

January-,  1809,  138  77 

Prospect,"  for  boarding  and  clothing,  Anna  Hanes  to  30th 

April,  1808,  78  00 

Petersham,  for  supporting  John  Howard,   to   21st  May, 

1808,  55  30 

Pc  ru,  for  supplies  to  James   Robbins   and  family,  to  2d 

November,  1808,  .       .  17  82 

Plainfield,  for  supplies  to  James  Harrison  and  family  till 

removed  out  of  this  State  49  49 

Pittslield,  for  boarding,  clothing  and  doctoring  Peter  Heon 

to  8th  January,  1809  71  97 

Pelham,  for  boarding,  nursing  and  doctoring  John  Dunaliy 

to  time  of  his  death  and  funeral  charges,  31  50 

Portland,  for  boarding,    clothing   and   doctoring  sundry 

Paupers  to  1st  January,  1809,  1601  43 

Quincv,  for  boarding  and  doctoring  William  Oliphant, 

to  11th  February,' 1809,  75  00 

Rchoboth,    for   boarding  and    clothing    William    Pike, 
Lief  Mason  and  child,  to  20th  October,  1808,  and 


138 


130 


56 


292  RESOLVES,  March  4,  1809. 

Richard  Bolton,  to  the  time  of  his  death  and  funeral 

charges, 
Rowe,  for  supporting  Lydia  Carpenter,  to  the  time  of 

her  leaving  the  State,  and  three  childien  to  2d  May 

1808,  •^' 

Rovviey,  for  boarding,  clothing  and    doctoring  Hannah 

Harris  to  time  of  lier  death,  and  funeral  charges,  and 

Ella    Colling,    to  1st  January,  1809,  log  03 

RuUahd,  for  boarding,  clothing  mid  doctoring  William 

Henderson,  to  20th  January,  1809,  48  5:^ 

Ruxbury,  for  boarding,  clothing  and  doctoring  sundry 

Paupers,  to  3d  January,    1809,  553  Qg 

Reedfield,  for  supporting'Cathariiie  Canton,  and  removing 

her  out  of  this  State,  1q  qq 

Russell,  for  supporting  and  doctoring  John  Newton  and 

wife,  to  29Lh  January,    1809,  42  41 

Rc;ading,  for  boarding',  clothing  and  doctoring  Samuel 

Baiicroft,  to  25th  January,   1809,  and  Thomas  Grant, 
bt.   George,    for  hoarding  and   clothing  Robert  Haws 

Eleanor  Mathews,  and  William  Benson,  to  4th  Nov! 

1808, 

South  Hadley,  for  supplies  and  doctoring  to  Peter  Pen- 

dergass,  to  6ih  Januar} ,  1809,  63  07 

Standish,  for  boarding  and  clothing  Alice  Noble   to  1st 

January,   1809,  '  ^2  OO 

Scituate,  for  boarding,  clothing  and  doctoring  John 
Woodward,  and  Lucy  AVhitney  and  two  children  to 
6th  June,   1808,  ^g  ^g 

Stockbridge,  for  boarding,  clothing  and  doctoring  Seely 
Peet,  Jeremy  Elky,  S  irah  Kobford,  and   Marv^  Loud, 
to  5th  December,  1808,  and  Hugh  Neal,  to  the  time 
^  of  his  leaving  this  State,  257  97 

Sidney,  for  boarding,  clothing  and  doctoring  John  and 

Henry  Lyons,  to  1st  January,   1809,  '  57  20 

Shirley,  for  boarding,  clothingand  doctoring  James  Shirley, 
Simon  Cox,  and  Rodrich  M'Kinsey  and  wife,  to  31st 
January,  1809,  181  23 

Sherburne,  for  supporting  Benjamin  Haughton,  to  29th 

January,   1809,  ^q  qq 

Sheffield,  for  boarding,  clothing  and  nursing  William 
Mc'Gee,  and  Guy,  a  negro,  to  1st  September,  1808, 
and  removing  Elisha  Freeman,  and  Miss  Everist  out 
ot  this  Commonwealth, 

Sturbridge  for  supplies  and  doctoring  for  Jonas  Banton, 

to  31st  December,  1808.  49  jq 


288  28 


KESOLVES,  March  4,  1809.  293 

Springfield,  for  boarding,    nursing  and  doctoring  John 

Padlc}',  to  time  of  his  leaving  this  Commonwealth,  35  30 

Sudburv,  for  boarding  and  clothing  John  Whiton,  to  12th 

February,   1809,  '  67  20 

Spencer,  for  su]»porting  and  doctoring  Peter  Eager,  to 

the  time  of  his  going  away,  11  05 

Swansea,  for  boarding  and  clothing  Thomas  Colony,  to 

4th  February,    1809,  ,  ::iJw.:>  i;^  49  79 

Southwick,  for  boarding  and  clothing  George  Read,  to 

Ist  Januciry,  1809,  '  67  20 

Stoneh  i:ri,  for  boarding  and  clothing  John  H.  Clamrod, 

to  20th  February,   isOQ,  65  69 

Sterling,  for  boarding,  clothing,  doctoring  and  nursing 

Joseph  Hyde,  to  5th  February,   1809,     '  186  64 

Salem,  for  boarding  and  clothing  sundry  paupers,  to  1st 

January,  1809,  3572  07 

Topsfield,  for  supporting  Thomas  Comerford,  to    11th 

November,   1808,  66  70 

Tisbury,  for  boarding,    nursin.o;  and   doctoring   Joseph 

Alvarez  to  15di  January,  1809,  50  00 

Tyringham,  for  boarding  and  clothing   Ralph  Way,  to 

1st  January,   1809,       '  60  08 

Taunton,  for  boarding,  clothing  and  doctoring  Hannah 

Goff,  Henry  Ash,  Edmund  Shores,  Manuel  Disnips, 

David  D.  Kelly,  and  supplies  to  Robert  Wilson,  jun. 

to  21  January,   1809,  264  96 

Troy,  for  boarding  and  clothing  Francis  Bro'iV)  to  21st  ^ 

February,   1809,  96  50 

Tyngsborough  District  of,  for    boarding,  nursing  and 

doctoring  Lydia  Richardson,  to  time  of  her  death,  21  00 

Townsend,  for  supporting  and  doctoring  .lohn  Brinton, 

to  the  time  of  sending  him  out  the  State,  18  45 

Ux bridge,  for  boarding,  clothing  and  doctoring  Betty 

Trifle,  David  Mitchell,  and  Patience  Hazai'd,  to  1st 

February,  1809,  187  00 

Vinalhaven,  for  boarding,  clothing  and  doctoring  Andi*ew 

Higherdale,  to  3d  Januarv,  1809,  and  William  Procter, 

to  25th  December,  1808,'  148  77 

Warwick,  for   boarding,    nursing   and   doctoring  James 

Harvey  to  the  time  of  his  leaving  the  State,  and  Samuel 

Griffith  to  24th  January,  1809,*  55  57 

Wmdsor,  for  boarding  and  clothing,  Henry   Smith   and 

wife,  to  27th  December,  1808,  54  71 

Winthrop,  for  boarding  and  clothing,  William  Gaskell  to 

3d  January,  1809,  60  00 

Mm 


<?04  RESOLVES,  March  4,  1S09. 

Wayne,  for  boording,  ciothiiig  and  nursing,  Sally  Allard, 
to  6;h  November,   1808,  128 

West-Springlield,  for  boarding,  clodiing  and  doctoring 
William  Bell  and  James  Aldrich,  and  Sarah  Felts 
child,  to  15th  January,  1809,  77 

W^estfoid,  ibr  boarding,  clothing  and  doctoring  Phillip 
Jackson,  Patty  Gardner,  and  Christopher  Stephens, 
to  24th  January,  1809,  99 

Warren,  for  boarding  and  clothing   William    Moorman, 

to  4th  January,  1809,  52 

Wcst-S!ockbridge,  lor  boarding,  clothing  and  doctoring 

Lucy  Lane  and  Polly  Carr,  to  1st  January,  1809,  79 

Williamstown,  for  boardiiig,  clothing  and  doctoring  Ra- 
chel Galusha,  Stephen  Blue,  Morrice  Fowler,  Robert 
Morrell  and  Charles  Mc'Carthv,  to  24ih  January, 
1809,  ■  '       275 

Worcester,  for  boarding,  clothing  and  doctoring,  Peter 
Willard,  Henry  Bratz,  Jack  Mehin  and  wife,  Sarah 
Cook,  Samuel  Whittier  and  Peter  Eager,  to  1st 
January,  1809,  278 

Washington,  lor  boni'dingand  doctoring.  Desire  Kennedy 
to  6th  January  1809  and  Phebe  Clark  to  4lh  Novem- 
ber, 1808,  93 

Woburn,  for  supporting  Dorothy  Linham   and   children 

to  22d  December,  1808,  42 

Walpole,  for  boarding  and    Clotliing,    Sally    Davis   and 

Robert  Clew,  to  1st  January,  1809,  113 

Westfield,  for  boarding,  clothing  and  doctoring,  William 
Davis  to  time  of  his  death  and  funeral  Charges,  78 

Yarmouth,  for  boarding,  clothing  and  doctoring  James 
Deagle,  to  15di  January,  1809,  and  William  Fro  ward, 
to  time  of  his  removal  out  the  State,  163 

York,  for  l:)oarding  and  nursing  Edward  Perkins  and 
wife,  NicliokiS  Tuttle,  Mary  Crocker,  Sarah  Avery, 
Edward  Voudv,  and  Amos  Caswell,  to  1st  Februftr}-, 
1809,  "  325 


Totol  Paupers  dolls.  34752  06 

Military  Accounts. 

Courts  Martial  and  Courts  of  Inquiry. 

Bates  Elkanah,  for  the  expense  of  a  Court  of  Enquiry  on 
11th  July,  1808,  whereof  Nathaniel  Fales  was  Presi- 
dent, 57  77 


RESOLVES,  March  4,  1809. 


295 


Bates,  Elkanah,  for  the  expense  of  :i  Court  of  Inquiry  1st 

April,  1808,  whereof  Daniel  Gilbert  was    Preside. it, 
Hamlin,    Hannibal,  for  the  expense  of  a  Court  Martial  on 

the  28th   June,   1808,    whereof  Amos    liastmgs  was 

President, 
Tilden,  B.  P.  for  the  expense   of  a   Court  Martial,   om 

15th  November,  1808,  whereof  Johnson  Mason    was 

President, 
Tiiden,  B.  P.  for  the  expense  of  a  Court  of  Inquiry  on 

25th  July,  1808,  whereof  Maj.  Stoddard   was   Presi- 
dent, 
Court  of  Inquiiy    on  the   14th  September,  1807,  whereof 
.    Luther  Lawrence  v/as  President,  to  each    Member  as 

per  Pay  Roll, 
Court   of  Inquiry   commenced   on   the    13th  October, 

1808,  \vhereof  Lemuel  Weeks  was  President,  to  each 

Member,  Witness,  &c.  as  per  Pay  Roll, 

Brigade  Majors,  Aid  D.  C.  and  Judge  Ad\'ocates. 

Ayer,  James,  to  8th  February,  1809, 
Bliss,  Joseph,  to    29th  January,  1809, 
Bates,  Elkanah,  to  8th  February,  1809, 
Bastow,  Sumner,  to  25th  January,  1809, 
Brown,  C.  Henry,  to  3d  February,  1809, 
Curtis,  Jarred,  to  23d  January,  1809, 
Clapp,  Jeremiah,  to  27th  February,  1809, 
Dewey  Stephen,  to  24th  September,  1808, 
Davis,  Charles,  to  February,  1809, 
Fisher,  Jacob,  to  15th  January,  1809, 
El  well  Robert,  to  16th  January,  1809, 
Goddard  William,  7th  January,  1809, 
Gannett  Barzillai  to  1st  January,  1809, 
Hubbard,  Dudley,  to  30th  January,  1809, 
Hay  ward,  Nathan,  J.  Ad.  to  January,  1809^ 
Hammatt,  William,  to  26Lh  January,  1809, 
Hoyt,  Epaphras   to  31st  December,  1808, 
Hight,  William,  to  21st  January,  1809, 
Howard  Samuel,  25th  December,  1808, 
How  Estes,  to  1st  February,    1809, 
Hamlin  Hannibal,  to  February,    1^09, 
Hayward  Nathan,  to  January,  1809, 
Merril  Abel,  to  18th  January,  180P, 
Pierce  Joseph,  to  6di  February.  18  :'9, 
Rogers,  Benjamin,  to  20th  Ji'araary,  1809, 


17  31 


69 


'JO 


139  43 


16   16 


96 


86  97 


96 

IS 

53 

34 

6e 

i  8 

87 

55 

69 

03 

55 

85 

20S 

)  2 

17 

13 

39 

65 

91 

20 

90 

40 

144 

40 

66 

63 

69 

50 

11 

05 

50 

75 

102 

70 

67 

50 

197 

02 

59 

00 

165 

65 

41 

75 

25 

00 

27 

05 

^  ■; 

(\> 

296  RESOLVES,  March  4,  1809. 

Smith,  Erastus,  to  1st  January,  1809,  28  00 

Sweet,  Daniel,  to  15th  Februar}%  1809,  22  50 

Thayer,  M.  Samuel,  to  23d  February,  1809,  120  5a 

Tilden,  B.  P.  to  31st  December,  1808,  66  20 

Ulmer,  Charles,  to  20  January-,  1809,  34  20 

Whiting,  Timothy,  to  13th  January,  1809,  67   15 

Wood,  Samson,  to  24th  January,  1809^  76  48 

Adjutants. 

Anns,  Pliney,  to  24th  January,  1809,  68  15 

Allen,  C.  Shobal,  to  20th  Februarj^  1809,  40  25 

Buckland,  Joseph,  to  18th  December,  1808,  31   13 
Beale,  John,  to  10th  January,  1809,  including  further  al- 

lowance  on  his  account  for  1806,  omitted  in  Roll  56        135  77 

Brooks,  Aaron,  to  13th  December,  1808,  19  75 

Baglcy,  A  oner,  to  21st  December,  180S,  T7  75 

Backus,  Zenas,  to  1 1th  Januan%  1809,  7i;   i7 

Bishop,  Jacob,  to  1st  January,'  1809,  28  98 

Erickett,  Moses,  to  14th  February-,  1809,  1^  03 

Ei'ghani,  Elijah,  Jun.  to  February,  1809,  30.  37 

Euliin,  Moses,  to  21st  Fcbruaiy,'lS09,  30  '-6 

B.ss,  George,  to  25tli  February,  1809,  259  00 

Boynton,  Joseph,  to  Februar}',  1809,  59  60 

Bates,  Isaac  C,  to  27'.h  Februar}-,  1 809,  ^5  04 

Baker,  Alkn,  to  16th  Novtnibcr.  i   u8  2151 

Child, 'iliomas,  to  10th  Jiiiuiajv,  1809,'  61   50 

ChafFce,  Jonathan,  to  C'L/.h  December,  ISOS,  26  i8 

Cushman,  J  nr  a,  to  1st  Januan",   1809,  34  5? 

Callend-r,  Denj-unin,  to  29th  December,   1808,  51   58 

C-rus,  Joseph,  to  21st  December,   1808,  18  01 

CoiTri,  Nathaniel,  to  27th  October,  1808,  26  88 

CI  ip,  Ebenezer,  to  1 1th  January,   1809,  17  58 

Chcever,  Nathaniel,  to  1 1th  February,  1809,  44   12 

Crane,  Nath^.n,  jun,  to  January,  1809,  29  00 
Donnison,  William,  Adjutant  General,  for  his  services 

for  the  Vftar  1808,  1040  00 

Dodge,  David,  to  2d  Januarj-,  1S09,  38  05 

Ehvell,  Robert,  to  l5th  September,   1808,  73  25 

Frost,  Timothy,  to  26th  December,   1808,  42   19 

Foot,  Elisba,  to  February,   1809,  26  10 

Fletcher,  Samuel,  to  22d  February,   1809,  30  49 

Fairfield,  John,  to  22d  Fcbruan-,*1809,  21   97 

Gates,  Isaac,  to  Junu.iry,   1809,'              '  68  67 

Gage.  Nathaniel,  to  lith  February,  1803,  15   12 


RESOLVES,  March  4,  1809.  297, 

Getchell,  Ephraim,  to  iSthJanuan^,   1809,  38  80 

Hurr.gLon,  Samuel,  to  May,    Ib07,  17  86 

H:;-iktJi,  idcob,  to  1 4-111  January,  l8u9,  29   l7 

H.-ggens,  Bcnjauuij,  to  25i.h  December,  1808,  49  63 

H-  cud,  Josepiu  to  ^Oth  December,    1808,  12  72 

Boughtoii,  Thomas,  to  January,  1809,  41   03 

HViiiian,  li.nsom,  lo  26th  January,  i809,  34  83 

Ihvi land,  Samuel,  to  3ci  February,  1S(>9,  59  og- 

h  ;}den,  ClKtries,  to  7th  February,  I8O9,  25  02 

tl.>}dvii,  :Samuel,  to  I6th  Februiuy,  1809,  60  98 

Joiics,  Amos,  to  1st  January,  1809,  6  25 

Jo-.ies,  Amos,  of  Gerry,  to  2bth  January,   1809,.  36  36 

Jcikids,  Nathaniel,  to  Ist  January,  1809,  5  83 

JciiCbOn,  Nuthank;,  to  7th  September,  I8O8,  40  40 

Ji-vveit,  Jesse,  to  29th  January,  1809,  24  92 

Ki..gman,  Simeon,  to  8lh  January,  1809,                      ,  28  63 

L;  .nan,  L  wib,  to  l^th  Febuary,  1809^           •  61   70 

Low,  Stjhen,  to  15ih  Feb.   1809,  25  30 

MuXVv'eil,  Sylvuiius,  to  2d  Jan.   1809,  57  33 

JM  jody,  Paul,  to  6th  Dec.   1  08,  16  97 

^iDrgon,  Auron,  to  23d  Jan.   1809,  27  23 

TViar.  ii,  Angier,  to  Feb.  1809,  14  gS 

Marsioi',  Jonathan,  to  11th  Feb.  1809,  39  32 

Nicktrson,  Thomas,  to  25th  Dec.  1807,             ■  28  84 

Mortham,  Eli,  to  7th  Dec.  1808,  42  10 

Nye,  John,  to  4ih  Feb.   1809,  31  44 

Neil,  G.  John,  to  16th  Nov.   1808,  57  26 

Orr,  Hector,  to  19th  Dec.  1808,  53   17 

Page,  Jes^e,  to  Feb.  1809,  63  gs 

Pca-ker,  Joseph,  to  12th  Dec.  1808,  14  98 

P-ngree,  Samuel,  to  30th  JanuaiT,  1^09,  40  6a 

Parker,  Henry,  to  Februarj-,   1  09,  43  75 

Piisbury,  Srephen,  to  Januar^ ,   1809,  15  33 

Pilsbury,  William,  to  30th  January,   1809,  18  24 

Pope,  jun.  Edward,  to  31st  December,  1808,  48  45 

Prescott,  Sewell,  to  12[h  January,  1809,  9  oO 

Phelps,  Abel,  to  2d,  May,  1808,  11  37 

Real,  Prince,  to  3d  November,   1808,  oq  oO 

Rider,  Josiah,  to  2d,  January,   1809,  37  08 

Rogers,  Benjamin,  to  20'.h  January,  1809,  3  62 

Ripley ,_  W.  Eleazer,  to  1st  January,  1809,  114  03 

btarr,  jun.  James,  to  31st  December,   1808,  27  07 

Sibley,  Nathaniel,  to  21  February,  1809,  51  63 

Steams,  Thomas,  to  lib  December,  1808,  18  48 

^trong,  B.  Thomas,  to  January,   1809,  10  67 

Stewart,  Jolhain,  to  January,  1809,  /f5  14 


298  ,        RESOLVES,  March  4,  1809. 

Stcbblns,  Quartus,  to  January,  1809,  46  55 

Stebbins,  Festus,  to  29th  January,  1809,  15  75 

Sawvcr,  William,  to  25th  February,   1809,  41   88 

Smith,  Moses,  to  5th  February,  1809,  10  41 

Taft,  Hazeltine,  to  1st  February,   1809,  16  -6 

Tolman,  John,  to  28th  January,'  1809,  26  41 

Tucker,  Joseph,  to  "20th  January,   lh09,  35  73 

Wright,  James,  to  20th  January,   1 809,  4o   10 

Walker,  Peter,  to  30th  October,  1808,  95  04 

"White,  Jonathan,  to  21st  January,   1809,  33  25 

Wilmud,  David,  to  18th  January,  1809,  21  87 

William,  John,  to  27th  December,  1808,  80  99 

Woodman,  Epliraim,  to  30th  December,   1808,  25  67 

Whitney,  C.  William,  to  January,  1809,  58  43 

Williams,  Jonathan,  to  9d-i  February,   1809,  48  00 

Winslow,  John,  to  20th  January,  1809,  46  30 

Washburn,  Aoiel,  to  lldi  February,  1809,  47  02 

Williams,  S.  John,  to  24th  Feburarv  1809,  104  54 

Wade,  Samuel,  to  21st  February,  1809,  22  0^. 

Expense  for  Horses  to  haul  Artiller)*. 

Burt,  Moses,  to  30th  January,  1809,  10  00 

Biasland,  S.  Wm.  to  27lh  Jan.   1809,  13  00 

Binney,  John,  to  Februar}-,  1809,  40  00 

Blanchard,  Joshua,  to  Feb.  1809,  10  00 

Carter,  Luke,  to  2d  Noy.   1S08,  12  50 

Cummings,  Daniel,  to  1st  Jan.   1809,  12  50 

Crittenden,  Simeon,  to  29ih  Sept.   1808,  22  50 

Cunningham,  Thomas,  to  9th  Jan.   1809,  17  00 

Chapin,  Leyi,  to  20th  Sept.   1808,  7  50 

Cobb,  Daniel,  to  25th  Feb.  1809,  40  00 

Carter,  Samuel,  jun.  to  Feb.  1809,  7  50 

Churchill,  Jesse,  to  Oct.  1808,  7  50 

Hokins,  D.  James,  to  19th  Oct.  1808,  15  00 

Holden,  Daniel,  to  November,  1808,  11  00 

Harrington,  Peter,  to  November,  1808,  8  00 

Havs,  Daniel,  to  December,  1808,  8  00 

Hifl,  John,  to  20th  February,  1809,  5  00 

Judd,  Elnathan,  to  25th  SL^ptemiier,  1808,  7  50 

Little,  Otis,  to  9th  January,  1809,  10  00 

Lincoln,  Caleb,  to  13th  February,  1809,  5  00 

Pullin,  Jonathan,  to  November,  1808,  3  00 

Pedrich,  Joseph,  to  4th  Febrn  ay,  10  00 

Potter,  James,  to  Januiirv,  1809,  6  00 


RESOLVES,  March  4,  1809. 


299 


Russell,  John,  to  January,   1809, 
Smead,  Julia,  to  29th  September,  1808, 
Safford,  Ebenczcr,  to  9th  November  1808, 
Spaulden,  Thomas,  28th  September,   1808, 
WilHams,  Thomas,  to  20th  October,   1808, 
Wells,  Martm,  to  8th  February,  1809, 
Walker,  Jason,  to  29th  December,  1808, 
Bicknel,  H.  to  20th  February,  1809, 

Total  Military, 


8 

00 

15 

00 

5 

00 

5 

00 

G 

00 

6 

00 

G 

25 

8 

75 

8024 

49 

Sheriffs  and  Coroners  accounts. 


Arms,  George,  Coroner,  for  expense  of  an  inquisition, 
on  the  body  of  a  person  unknown,  and  funeral  charg- 
es, Bernai'dstovvn,  the  8th  July,   1808, 

Bridge,  ildmund,  for  returning  votes  for  Governour, 
Lieut.  Governour  and  Senators,  and  Representative  for 
Congress,  to  3d  January,  1809, 

Bartlett,  Bailey,  for  returning  votes  for  Governour,  Lieut. 
Governour  and  Senators,  and  Representari^'e  to  Con- 
gress to  1st  January,   1809, 

Cooper,  John,  Sheriff,  county  Washington,  for  returning 
votes  for  GoA^ernour,  Senators,  and  Representative 
for  Congress,  to  January,  1809, 

Chandler,  John,  Sheriff,  Kennebeek  county,  for  returning 
votes  for  Governour,  Lieut.  Governour  and  Senators, 
and  Member  of  Congress,  to  9th  Dec.  1808, 

Cutler,  Clark,  Benjamin,  for  returning  votes  for  Govern- 
our, Lieut.  Governour,  and  Senators,  May,  1808, 

Learned,  David,  for  returning  votes  for  Governour,  Lieut- 
Govemour,  and  Senators  and  Members  to  Congress, 
for  1807,  and  1808,  to  February,   1809, 

Ulmer,  George,  for  returning  votes  for  Governour, 
Lieut.  Governour,  and  Senators,  and  Member  of  Con- 
gress, to  10th  January,   1809, 

W^ard,  W.  Thomas,  for  returning  votes  for  Governoin-, 
Lieut.  Governour  and  Senators,  and  Member  of  Con- 
gress, to  13th  February,   1809, 

Folsom,  W.  John,  Coroner,  for  expense  of  taking  inqui- 
sition, on  the  dead  bodies  of  hve  strangers,  to  21st 
Dec.  1808, 

Forward,  jun.  Justis,  for  expenses  of  an  inquisition,  on 
the  body  of  a  person,  name  unknown,  and  funeral 
charges, 


20  15 


23  G8 


128  88 


50 

40 

3 

08 

45 

60 

70 

80 

9 

87 

108  99 


29  72 


300  RESOLVES,  March  4,  1^09, 

Goodwin,  Ichabod,  Sheriff,  county  of  York,  for  return- 
ing votes  for  Govemour,  Lieut.  Govemour  anci  Sena- 
tors, and  Member  ofX'ongress,  to  1st  January,  1309, 

Hosmer,  Joseph,  for  returning  votes  for  Gm'mour 
Lieut.  Governour  and  Senators,  8cc.  to  April,   1808, 

Lawrence,  Jeremiah,  Sheriff  of  Nantucket    couiitv,   for 
returning  votes,  for  Member  of  Congress,  to  7rh  Nov 
1808, 

Nichols,  Alexander,  for  taking  an  inquisition,  on  tlic  body 
of  a  stranger,   13th  August,   1808, 

Smith,  Benjamin,  Sheriff,  Dukes  County,  for  returnirg 
votes  for  Goven^^our,  Lieut.  Governour  and  Senators, 
to  31  January,   1809, 

Sprague,  William,  for  the  expense  of  an  Inquisition,  on 
the  body  of  Israel  Hill,  at  Ho  den,  i?4th  May,  1806,  and 
funeral  chaiges, 

Shaw,  Mason,  for  returning  votes  for  Go\  ernour,  Lieut. 
Governour  and  Senators,  to  Mjy,  1807, 

Waik^  Nathan,  for  the  expense  of  an  mcjuisition,  oi  tlic 
bodies  of  three  persons  namesunknown,  to  Juiv,  1808, 
September  58  and  29,  1808, 

"Waite,  John,  Sheriff,  Cuuibcrland  county,  for  returning 
votes  for  Governour,  Lieut.  Governour  and  Senators, 
and  Member  of  Congress,  to  1st  Janu^u-y,  1809, 


Total  763  56 

Printer'' s  Accounts. 

Thomas  and  Andrews,  for  Printing  W  irrants  and  Notifi- 
cations for  the  Adjutant  GeneraPs  Office  to  Novem- 
ber, 1808,  300  00 

Allen,  Phineas,  for  Printing   Acts  and   Resolves  to  13th 

February,  1809,  16  6  T 

Young  and  Minns,  for  Printing  for  S -Cretan's  and 
Treasurer's  Offices,  and  the  General  Court,  executed 
by  Russell  and  Cutler,  and  J.  &  A.  W.  Park,  to  23d 
Feb.  1809,  1205  25 

Adams  and  Rhoades,  ibr  furnishing  Newspapers   for  the 

House  of  Representatives  to  2d  Murch,  1809,  168  00 

Russell  and  Cuder,  for  furnishing    Newspapers  for   the 

House  of  Representatives.to  ?d  March,    1809,  186  00 

J.  &  A.  W.  Park,  for  furnishing  newspapers  for  the 
House  of  Representatives  to  3d  March,  1809,  144  00 

Total  Printers,  2019  92 


RESOLVES,  March  4,  1809.  301 

Miscellaneous  Accounts. 

Boyle,  John,  for  his  account  of  Stationary  for  Adjutant 

General's  office,  to  31st  December,  1808,  322  17 

Blaney,  Henry,  for  sundries,  work  and  materials  for  State- 
House,  to  2d  February,  1809,  81  89 

Bradley,  David  and  Samuel,   for  sundry  articles,  nails, 

locks,  &c.  fot  State-House  to  22d  Feb.  1809,  78  50 

Dwight,  Josiah,  for  sundries,  work  done  on  the  Province- 
House,  and  for  Foster's  bill  for  printing  certificates  for 
funded  State  debt,  and  for  Chester  Adams'  bill  for 
posting  books  of  the  late  Treasurer  Skinner,  76  89 

Durant,  William,  for  setting  glass  and  cleaning  windows 

of  State-House  to  22d  Dec.  1808,  28  82 

Hill,  Aaron,  for  postage  of  Letters,  &c.  for  Governour, 
Secretary,  Treasurer,  and  Adjutant,  of  the  Common- 
wealth, to  24th  Feb.  1809,  193  80 

Howe,  Joseph  for  sundry  articles,  and  work  done  in  the 

State-House,  to  24th  Jan.  1809,  11  29 

Gore,  Samuel,  and  son,  for  painting  and  materials,  for 

State-House,  to  21st  Jan.  1809,  63   13 

Melvill,  Allen,  for   10  pieces  of  black  crape,  Feb.  10th, 

1809,  ...  ISO  00 

Spear,  Thomas,   for  his  services  in  keeping  the  Hospital 

on  Rainsford's  Island,  to  14th  Feb.  1809,  44  44 

Thompson,  James,  for  sundry  materials  for,  and  work 

done  in  the  State-House,  to  28th  Jan.  1809,  256  73 

West,  David,  for  stationary  for  the  Treasurer's  office  to 

14th  Feb.  1809,  76  29 

Wheeler,  Josiah,  for  sundry  articles  and  work  done  in 

the  State-House,  to  22d  Feb.  1809,  200  71 

White,  Burditt,  &  Co.  for  sundries  stationary  for  Secre- 
tary's office  and  Council  Chamber,  to  22d  Feb.  1809,      497  19 

Perry,  John,  for  assisting  the  messenger  ot  the  General 

Court,  to  4th  March,  1809,  72  00 

Chase,  Warren,  for  assisting  the  messenger  of  the  Gen- 
eral Court,  to  4th  March,  1809,  70  00 

Lincoln,  Amos,  for  materials  and  w^ork  done  for  State- 
House,  to  28th  Feb.  1809,  46  71 

Lapham,  Sylvanus,  for  assisting  the  messenger,  of  the 

General  Court,  to  4th  March,  lb 09,  76  00 


Total  Miscellaneous,  2376  56 

Nn 


JOS  RESOLVES,  March  4,  1809. 

Aggregate  of  Roll,  No.  60,  March,  1809. 


Expense  of  State  Paupers, 

34752  06 

Do.           Militia, 

8094  49 

Do.           Sheriffs,  &c. 

763  56 

Do.           Printers, 

2019  92 

Do.          Miscellaneous, 

Total, 

2376  56 

47  936  59 

Besohed,  That  there  be  allowed  and  paid  out  of  the  publick 
Treasury,  to  the  several  Corporations,  and  persons,  mentioned  in 
this  Roll,  the  sums  set  against  such  corporations  and  persons  names 
respectively,  amounting  in  the  whole  to  the  sum  of  forty  seven 
thousand,  nine  hundred  and  thirty  six  dollars,  and  fifty  nine  cents, 
the  same  being  in  full  dischiuge  of  the  accounts,  and  demands  to 

which  they  refer. 

In  Senate,  March  4,  1809- 

Read  and  accepted,  and  sent  down  for  concurrence. 

H.  G.  OTIS,  Presidents 

In  the  House  of  Representatives,  March  4,  1809, 

.Read  and  concurred.  .  ^„r    o 

TIMOTHY  BIGELOW,  Speaker, 

Approved,  March  4,  1809.  LEVI  LINCOLN,- 


INDEX  TO  RESOLVES 

op 
NOVEMBER,  1808,  and  JANUARY,  1809. 


Attorney  General,  grant  to  2I2~ 

do.  grant  to  213 

do.  grant,  additional  to  his  salaiy  2(  2 

do.  discharged,  from  a  balance  in  his  hands  273 

Austin,  L.  Jonathan,  Esq.  discharged  from  300  dollars  246 
do.             allowed  150  dollars  upon  his  paying  the 

balance  of  fees  in  his  hands,  275 

Andrews,  John,  jun.        grant  to  267 

B 

Brown,  Ephraim,  and  Maxwell  Sylvester,  grant  to  251 

Berwick,  Resolve  abating  fine,  conditionally  259 

Brigham,  Jotbam,  Resolve  to  render  certain  affidavits  valid  260 
Blake,  Joseph,  and  others,  further  time  allowed  them  to  settle 

Townships  280 

Bvown,  Nathaniel,  and  Carrol  Jerad,  grant  to  282 

Burnhara,  Isaac,  grant  to  283 


Clerks  of  the  General  Court,  pay  granted  '  276  213 

Couiicil,  Senate,  and  House,  Resolve  lor  paying  members 

of  247  220 

Committee,  on  accounts,  pay  allowed  them  277 

Cults,  Thomas,  grant  to,  for  costs  upon  an  Inquest  of  office  255 
Chase,  Ezra,  and  Pierce,  Ebenezcr,  jun.  Resolve  on  their 

petition  264 

Chaplains,  to  the  General  Court,  Resolve  for  paying  283 

Coffin,  Nathaniel,  grant  to,  for  Index  284 

.      D 

Dwight,  Josiah,  excured  from  the  committee  for  locating 

Northampton  and  Pi  evidence  turnpike  road  25^ 


INDEX. 


E 


Eustis,  Thomas,  and  other's,  Resolve  on  petition  of 
Electors,  ol'  President  and  Vice  President,  U.  S.  pay  fixed 
Emerson,  Samuel,  Surgeon,  grant  to 
Eastern  lands.  Agents  for  sale  of,  discharged  from  ninety  four 

thousand,  seven  hundred  and  fifteen   dollars,  and  forty 

three  cents 
Election  Srmon,  fifty  dollars  granted  to  compensate  the 

preacher  of 


Fanning,  Alexandar,  C.  W.  grant  to  and  pensioned  264 
Faz}',  John  Solomon,  further  time   allowed  to  settle  two 

townships  273 

Fisk,  Isaac,  pay  allowed  as  a  member  of  the  General  Court  282 
Freeman,  Samuel,  authorized  to  convey  half  u  township  to 

John  White  284 


Governour's  Message,  to  the  two  Houses,  Nov.  10 
Lieut.'s  Speech  to  the  two  Houses 
do.         Resolve  for  compensation 
do.     and  Council,  authorized  to  appoint  a  guardian 
to  the  Natick  Indians 
Gleason  and  Rollins,  discharged  from  judgment,  and  impris- 
onment 
Gloucester,  Light  Infantry    Company,  authorized   to   be 
raised 

H 

Hall,  Baily,  keeper  of  Plymouth  Gaol,  to  liberate  Daniel 
Crocker 

Hodgdon,  John,  further  time  allowed  to  perform  settling  du- 
ties 

Houghton,  Deliverance,  Resolve  on  her  petition 

Haskei,  Mark,  and  wife,  Resolve  on  their  petition 


Jones,  Samuel,  Resolve  on  his  petition  255 

Jackson,  Edward,  authorized  to  call  a  meeting  of  tlie  pro- 

prietors-of  Kennebcck  Bridge  258 

Indians,  Natick,  Guardian's  accounts  accepted  954 


INDEX. 
K 


Kuhn,  Jacob,  grant  to  enable  him  to  comply  with  orders,       gig 
grant  of  three  hundred  and  fifty  dollars   to 

purchase  necessaries  245 


Lapham,  Sylvanus,  grant  to  215 

Lee,  Benjamin,  Resolve  on  his  petition  219 

Lynn,  Town  meeting,  doings  confirmed  252 

Artillery  Company,  authorized  to  be  raised  2lg 

M 

Munroe,  Jonathan,  and  Nourse,  Joseph,  Resolve  on  petition  of  214 
Morgan,  William,  deceased,  Resolve  authorizm^  the  sale 

of  his  estate  ®  aaa 

Mnlden,  doings  of  rendered  valid  265 
Mavnard,  Jonathan,  Esq.  guardian  to  the  Natick   Indians, 

Report  of  the  committee  on  his  accounts,  accepted  277 
Messenger  of  the  General  Court,  authorized  to  make  repairs 

to  btate- House  '■  004, 

Middlesex  canal  proprietors,  two  townships  granted  them  277 

N 

Natural  History,  Professorship  of,  a  township  granted  to 

mamtaiii  o-o 

O 

Orrington,  Selectmen  of,  resolve  on  their  petition  216 
Oakman,  Isaac,  and  Low,  Nathaniel,  dischuigcd  from  their 

recognizances  c>^. 

p  274 


Palmer,  Samuel,  and  Clifford,  Ebenezer,  Resolve  on  peti- 

tion  of  oio 

Parker,  Samuel,  do.  947 

Powars,  Thomas,  do.  266 

Perkins,  Thomas,  pay  allowed,  as  a  member  of  the  General 
Court 


^  282 

Q 


Quarter  Master  General,  Resolve' dischargiuG-  him  from 

15,550  dollars,  and  making  an  appropriation'for  his  debt       261 


INDEX. 

R 

Ripley,  Jepthah,  pay  allowed,  as  a  member  of  the  General 

Court  '  2^^ 

Rand,  Asa,  and  Nathaniel,  time  allowed  to  discharge  re- 
cognizances ^^^ 

Robinson,  Moses,  grant  for  losses  262 


Solicitor  General,  grant  to                                     t.    ^          i  '^"^ 
Smith,  David,  pay  allowed,  as  a  member  of  the  General 

Court  ^17 

Stone,  Joseph,  Resolve  on  petition  of                                   20 i  Jiy 

Stone,  Moses,  jun.  grant  to,  and  pensioned      ^  ^45 

Senate,  answer  to  the  Go\ernour's  Mcbsage,  No\'.  209 

do.  to  the  Lieut.  Govemour's  speech  231 
Sullivan,  Martha,  Mrs.  Resolve  of  tlie  two  Houses,   for 

addressing  a  letter  to  her  ^*^ 

Solicitor  General,  grant  to,  in  addition  to  his  salary  249 

Secretar\-,  grant  four  hundred  dollars,  to  pay  Electors  2"20 

do.     '        do.  two  hundred  dollars,  do.  extra,  clerks  277 

Simon,  William.,  Resolve  on  petition  of  251 
Smith,  William,  liberty  given  to  choose  land  in  MarsliiU 

Turnpike  253 

Societv,  for  propagating  the  gospel,  grant  to  254 
Surr>-,'  EllsworUi,  Jkc.  Light  Infantry  Company  audiorized 

to  be  raised  ^^^ 
Settlers,  Hancock  and  Washington,  Resolve  staying  pro- 
ceedings ag-ainst                                                             .  263 
Shawanon  Purchase,   Resolve  releasing  and  confirming  to 

proprietors  of 

Slocum,  Da\  id;  grant  to                           r.        •        j  «-^ 

State  Prison,  Resolve  on  account  of  the  Supermtendent  270 

Spaulding,  Joseph,  grant  to  2/d 


265 
275 


Treasurer,  directed  to  recover  a  debt  from  Oliver  Phelps  211 

to  make  a  statement  of  his  accounts^  245 

audiorized  to  issue  a  new  note  to  Ezckiel  Rob- 
inson 2&9 
authorized  to  borrow  50,000  dollars               ^  270 
authorized,  respecting  payments  to  be  received 
from  the  Bondsmen  of  Tonr.;50i  ^  Skinner, 
late  Treasurer  ^f-*- 


INDEX. 

Thomas,  Closes,  deputy  sheriflf  in  the  County  of  Worcester, 

grant  to  250 

Tax,  to  divers  Counties,  granted  271 

to  Hancock  and  Dukes  County,  do.  275 

U 

United  States,  Resolve,  repealing  a  resolve  to  procure  an 
amendment  of  the  constitution  of  the  U.  S.  respecting 
the  Judges  of  the  S.  C.  211 

Resolve  disapproving  an  amendment  to  tlie  consti- 
tution proposed  by  Virginia  259 


Vaughan,  Charles,  and  Hallowell,  Robert,  further  time  al- 
lowed to  settle  townships  263 

W 

VValcut,  Thomas,  pay  allowed  for  extra  services  ?15 

grant  to  ^  276  217 

Warren,  John,  further  time  allowed  to  settle  township  No.  4  24S 

Waldoboro'  Light  Infantry  Company,  authorized  to  be  raised  252 

Williams,  CoUege,  a  to\Mishipof  land,  granted  to  257 

Wales,  Joseph,  Resolve  on  petition  of  267 

Welsh.  Jacob,  Attorney  General,  to  defend  vs.  James  Martin  272 

Webb,  Samuel  3d  Capt.  Resolve  forrectifying  his  commission  279 

Willard,  Josiah,  Treasurer,  authorized  to  take  his  bond  279 
W^ilson,  Henry,  pay  allowed,  as  a  member  of  the  General 

Court  2S2 

Y 

Young;,  Mar)',  Resolve  on  petition  of  ^  212 


CIVIL 

(15oberttment  of  fl^asgacljusetts. 

FOR   THE  YEAR  1809—10, 


HIS  EXCELLENCY 

CHRISTOPHER   GORE, 

GOVERNOUR. 

HIS   HONOUR 

DAVID    COBB, 

LIEUTENANT   GOVERNOUR, 


COUNCIL 
Hon.  EDWARD  H.    ROBBINS, 
ARTEMAS   WARD, 
THOMAS  DWIGHT, 
EPHRAIM  SPOONER, 
PRENTISS  MELLEN, 
OLIVER  FISKE, 
NATHANIEL  DUMMER, 
WILLIAM  PRESCOTT, 
DANIEL  DEWEY. 


William  Tudor,   Secretary  of  the  State. 
JosiAH  DwiGHT,  Trea/urer  and  Receiver  General. 


X 


SENATE. 


-*<M^'VSW!^;^f^'wvx 


Hon.  HARRISON  G.  OTIS,  Efq.  Prcftdent. 

County  of  Suffolk y  Hon.  Harrifon  G.  Otis, 

William  Spooner, 
John  Phillips, 
Peter    C.   Brooks, 
John  Welles. 

County  of  Effexy  Hon.  Enoch  Titcomb, 

John  Heard, 
John  Phillips, 
Nathaniel   Thurflon, 
Ifrael  Thorndike, 
Samuel  Putnam. 

County  of  Middlefex,  Hon.  Samuel  Dana, 

Amos  Bond, 
J.  L.  Tuttle, 
Matthew  Bridge. 

County  of  Ha?npjhire,  Hon.  Ezra  Starkweather, 

Hugh  Mc  Clallen, 
Eli  P.  Afhmun, 
S.  Lathrop. 

County  of  Brijiol,  Hon.  Edward  Pope, 

Samuel  Fales. 

County  of  Plymouth  J  Hon.  Nathan  Willis, 

Seth  Sprague. 

County   of  Barnjiabky  Hon.  Jofeph  Dimmick. 

Bukes  County  and  Nantucket,     Hon.  Walter  Folger,  jun. 

County  ofWorcefler,  Hon.  Salem  Town, 

Elijah  Brigham, 
Thomas  Hale, 
Jonas  KendalK 


SENATE. 


County  of  Barkjhire^ 


Hon.  Timothy  Childs, 
Azariah  Eglefton, 


County  of  Norfolk, 
County  of  Tork, 
County  of  Cumberland, 


Lincoln,  Hancock,  and  ? 
Wafhington  Counties,    j 

County  of  Kennebeck, 


Hon.  John  Howe, 
Samuel  Day. 

Hon.  John  Woodman, 
Alexander  Rice. 

Hon.  Lothrop  Lewis, 
James  Means. 

Hon,  William  King, 
Francis  Carr. 

Hon.  Jolhua  Cufhman. 


Nathaniel  Coffin,  Clerk, 

Samuel  F.  M'Cleary,  Affijiant  Clerk. 


HOUSE  OF  REPRESENTATIVES. 


-==^C55S3^^ 


Hon.  TIMOTHY  BIGELOW,  Efq.  Speaker, 
SUFFOLK. 


Bojion,  William  Smith, 

Samuel  Cobb, 

William  Brown, 

Jonathan  Hunnewell, 

William  Sullivan, 

William  Phillips, 

Francis  Wright, 
-«      Simon  Klliot, 

Benjamin  RufTell, 

Daniel  Sargent, 

Thomas  W.  Sumner, 

John  Callender, 

Benjamin  Whitman, 

John  T.  Apthorp, 

Charles  Davis, 

James  Robinfon, 

Jacob  Welfh, 

William  Hammatt, 
-     Thomas  Dennie, 
Chelfea, 

ESSEX. 


Benjamin  Buffey, 
John  Parker, 
Jofeph  Head, 
Ebenezer  T.  Andrews, 
Charles  Jackfon, 
Francis  D.  Channing, 
William.  H.  Sumner, 
Ephraim  Thayer, 
Jofiah  Knapp, 
Benjamin  Weld, 
Oliver  Keating. 
David  Weft, 
Nathan  Webb, 
Daniel  Meffinger, 
William  Walter, 
Warren  Dutton, 
George  G.  Lee,  . 
Jofeph  M'Kean. 


Salem,  William  Cleveland, 
Jolliua  Ward, 
Jofeph  Story, 
Jofeph  Winn, 
Jofeph  Sprague, 
Benj.  Crowninlhield, 
Mofes  Townfend, 
George  S.  Johonnot, 
Nathl.  Frothingham, 
John  Hathorne,  jun. 
Jofeph  Sprague,  jun. 

Marblehead,  John  Prince, 
Nathan  B.  Martin, 
Phillip  Befom, 


John  Bailey, 

Afa  Hooper, 

Jofhua  Prentifs,  jun. 

WiUiam  Story. 
Lynn  ^Lyn?T/ieId,Jos.¥u\lQT,T^d. 

Aaron  Breed, 

Henry  Hallowell, 

Jofeph  Johnfon,  jun. 

Caleb  Downing. 
Danvers,  Samuel  Page, 

Nathan  Felton, 

Squires  Shove. 
Beverly,  l  homas  Davis, 

Abner  Chapman, 


HOUSE  OF  REPRESENTATIVES. 


Thomas  Stephens, 

Ifaac  kea, 

Robert  i^antoul. 
Wejiham,  bamuel  Blanchard. 
Hamilton,  John  Saiford. 
Manchejier^  Henry  Story. 
Gloucejisr,  Benj.   K.  Hough, 

Thomas  Parfons, 

John  Somes,  jun. 

John  Manning, 

John  Tucker, 

Lonfon  Nafli. 
Ipfwich,  Nathaniel  Wade, 

Jonathan  Cogfwell,  jr 

Jofeph  Farley. 
Rowley,  Moody  Spaftbrd, 

Thomas  Gage. 
Newbury,  Jofiah  Little, 

Silas  Little, 

John  Ofgood, 

MIDDLESEX. 


David  Little. 
Nezuburyport,  Mark  Fitz, 

Andrew  Frothingham, 

Jonathan  Gage, 

Stephen  Howard, 

John  Pearfon, 

John  Peabody, 

Abner  Wood, 
•  Jofeph  Dana. 
Bradford,  Samuel  VVebfter, 

Thom.as  Savory. 
Boxford,  I'homas  Perley. 
Andover,  Thomas  Kittredge. 
A'lid:Ueto7i, 

Tops  fit  Id,  Nat  hi.  Hammond. 
Saiijbury,  Jonathan  hmith. 
Aiuejhury  Chiillopher  Sargent, 
Haverhill,  Leonard  White. 
MethueUi  Benjamin  Ofgood, 


Cbarlejioiun,  David  Goodwin, 

Peter  Tufts,  jun. 

Timothy  Thompfon, 

John  Kettell, 

David  Devens. 
Cambridge,  John  Mellen, 

Samuel  P.  P.  Fay. 
rfif/^Cflw/T/W^^jSmlButterfield. 
Brighton,  Samuel  W  Pomeroy. 
Maiden,  Jonathan  Oakes. 
Medford,  Limothy  BigeioW. 

Nathaniel  Hall. 
Newton,  Timothy  Jackfon, 

Samu-1  Murdock. 
Wafertown,  Jonas  White, 

Thomas  Claik. 
V/altham,-  David  Townfend. 
Wejiown,  Ebenezer  Hobbs. 
Lincoln,  Jolhua  Brooks. 
Lexington,  Nathan  Chandler. 
Sudbury,  William  Hunt. 


Eaji  Sudbury,  Jacob  Reeves, 
Natick,  Mofes  Fifiv. 
Sherburne,  Calvin  Sanger. 
HolUJion,  Jafon  Chamberlain. 
Hopkinton,  "Waker  M'Farland. 
Framingham,  John  Fifk, 

John  Trowbridge. 
Marlborough,  Kphraim  Barber, 

Daniel  Brigham. 
Stow  Iff  Boxboro'  Aug.  Tower. 
Concord,  lilley  Merrick. 
Bedford,  William  Webber. 
Burlington, 

V/oburn,  Sylvanus  Plympton, 
Stoneham,  John  H.  Stevens. 
Reading,  Timothy   Wakefield, 

Daniel  Flint. 
IVihnington,  James  Jaquith.    . 
Billerica,  Jofeph  Locke,- 

Dudley  Walker. 
Tewkjbury^  William  Simonds. 


HOUSE   OF   REPRESENTATIVES. 


Chelmsford,  "William  Adams, 
Jonathan  Perham. 

Carlijle,  Paul  Litchfield. 

Wejlford,  Thomas  Fletcher,  jr. 

Adon,  Jonas  Brooks. 

Littleton,  Edmund  Fofter. 

Grototiy  Jofeph  Moors, 
Oliver  Prefcott. 


Dracut,  Daniel  Varnum, 
Solomon  Ofgood. 
Bunjiahle,  Micah  Eldredge. 
Tyngsborough, 

Shirley,  Nathaniel  Holden. 
Peppcrell;  William  Htitchinfon. 
Townjend,  Abner  Adams. 
AJhby, 


HAMPSHIRE. 


Springfield,  Mofes  Chapin, 

Jonathan  Dwight,  jun. 

Oliver  B.  Morris. 
Longmeadoiv,  Ethan  illy. 
Wilbraham,  William  Rindge, 

Auguftus  silTon, 
Monfon,  Abner  Brown, 

Abfalom  Shaw. 
Brimjield,  Stephen  Pynchon, 

Philemon  Warren. 
South  Brimjield  7  y    ry.,  ^ 

and  Holland,  3  -'*  P      • 

Ludlow,  John  Jennings. 
Palmer,  Jefle  King. 
Ware,  William  Bowdoin. 
Greenwich,  Reuben  Colton. 
Belchertown,  Eliakim  Phelps, 

Jofeph  Bridgman,  jun. 

Eldad  Parfons. 
Pelha?n,  Ifaac  Abercrombie. 
Granby,  Eli  Dickenfon. 
Amherjl,  Samuel  F.  Dickinfon. 

Simeon  Strong. 
Hadley,  Giles  C.  Kellogg. 
South  Hadley,  R.  Woodbridge. 
Sunderland,  Nathaniel  Smith. 
Leverett,  Rofwell  Field. 
Montague,  Nathan  Chenery. 
Wendell,  Jofliua  Green. 
Shutejbury,  William  Ward. 
New  Salem,  Varney  Pearce, 

Samuel  C.  Allen, 


Northjield,  John  Nevers. 
Warwicklff  Orange.]o{\2LhCohh, 
Northampton  Iff  Eajlbampton^ 

Afahel  Pomeroy, 

Thaddeus  Clapp, 

Ifaac  C.  Bates, 

William  Edwards. 
S.  Hampton,  Lemuel  Pomeroy. 
Wejihampton,  8ylvefter  Judd, 
Wejlfield,  Aflibel  Eager, 

Jedidiah  laylor. 
Weji-Springfield,  Jona.  Smith, 

Charles  Ball, 

Gad  Warriner, 

Elias  Leonard. 
Southwick,  Enos  Foote. 
Granville,  Ifrael  Parfons, 

John  Phelps. 
Blandford,  David  Boies. 
Rujfell, 
Montgomery, 
Norwich,  Aaron  Hall. 
Chcjler,  Sylvefter  Emmons. 
Chejlcrfield,  Thomas  May  hew. 
Middlejield,  Eraftus  Ingham. 
Worthi?igton,  Jona.  Brewfler. 
WilUamJburg,  John  Wells. 
Hatfield,  ifaac  Malt  by. 
Whately, 
Deerjield,  Elijah  Arms, 

Afa  Stebbins. 
Conway,  John  Williams, 


HOUSE  OF  REPRESENTATIVES. 


Ifaac  Baker. 
Gojhen,  William  White. 
Afhjield^  Ephraim  Williams, 

Thomas  White. 
Cummington,  Peter  Bryant. 
Plainfield,  John  Cunningham. 
Hawley,  Edmund  Longley. 
Bucklandy  Enos  Pomeroy. 
Shelburne,  William  Wells. 


Greenfield,  Eliel  Gilbert, 
Gill,  James  Gould. 
Bernardjion,  Geo.  Alexander. 
Leyden,  Hez.  Newcomb,jun. 
Colraiu,  David  Smith, 

Robert  L.  Mc  Clallen, 
Charkmont,  Abel  Wilder. 
Heath,  Roger  Leavitt- 
Rowe,  John  Wells. 


PLYMOUTH. 


Plymouth,  Zaccheus  Bartlett, 

Wiliam  Davis, 

Barnabas  Hedge,  jun. 

Nathaniel  Spooner. 
Kingfion,  John  Thomas. 
Duxbury,  Judah  /ilden, 

Samuel  Walker. 
Marjhjield,  John  Thomas. 
Pembroke,  Bailey  Hall. 
Bridge-water,  Nahum  Mitchel. 
Middleboro\  Samuel  Pickens, 

Levi  Pierce, 

Thomas  Wefton, 

Peter  Hoar. 
Rochejler,  Gideon  Barflow,  jr. 


Caleb  Briggs, 
Mooers  Rogers. 

Warcham, 

Carver, 

Plifjipton,  Elijah  Bifbee. 

Halifax,  Zebediah  Thompfon. 

Abington,  Samuel  Niles. 

Nathan  Gurney,  jun. 

Hanover,  John  B.  Barftow, 

Scituate,  Cufhing  Otis, 
Hayward  Pierce. 

Hiiigham,  Hawkes  Fearing, 
Jonathan  Cufhing, 
Thomas  Fearing. 

Hull,  Benjamin  Cufhing. 


BRISTOL. 


Taunton,  John  W.  Seabury, 

Jofiah  King, 

Samuel  Crocker. 
Dighton,  John  Hathavi^ay, 

George  Walker. 
Rehoboth,  Peter  Hunt. 
Swanzey,  Daniel  Hale, 

Edward  Mafon. 
Somerfet,  William  Read. 
Attleborough,  Joel  Read. 
Mansfield,  Solomon  Pratt. 
Norton,  Bryant  Hall. 
Eajiown,  John  Tifdale. 
Raynham^  Ifrael  Wafhburne. 


Berkely,  Apollos  Toby. 
Freetown,  Nathaniel  Morton,  jr. 

William  Rounfevelle. 
Nezu  Bedford,  Alden  Spooner, 

Seth  Spooner, 

Samuel  Perry, 

Charles  RufTell, 

Thomas  Nye,  jun. 
Dartmouth,  Joel  Packard, 

Caleb  Slocum. 
Wcftport,  Abner  Browne], 

Sylvefter  Brownel. 
Troy,  Robert  Miller. 


HOUSE  OF  REPRESENTATIVES. 


BARNSTABLE. 

Barnjiable,  Jabez  Howland,       Harwich,  Ebenezer  Weeks. 

Jofeph  BliOijjun.  Breivjicr,  Elijah  Cobb. 

Job  C.  Davis.  Chatham,  Richard  Sears. 

Sandwich,  Benjamin  Perceval.  Orleans,  Jonathan  BalJcom. 
Falmouth,  Braddock  Dimmick,  £^/7^/w,  Samuel  Freeman. 

James  tlinkley.  Welljiect,  Beriah  Higgins, 

Tarmouth,  John  hldridge,        .  Truro, 

James  Crowel.  Provincetown, 

Dennis,  Judah  Paddock. 

DUKES. 

Edgartown,  Martin  Peafe.  Chilmark, 

Tijbury,  John  Hancock. 

NANTUCKET. 


Nantucket,  Micajah  Coffin, 
Uriah  Swaine, 
Shubael  Coffin, 
Archelaus  Hammond, 
Micaj,ah  Gardner, 


Jedidiah  Fitch, 
Daniel  Whitney, 
George  Cannon, 
Martin  T.  Morton. 


WX)RCESTER. 

Worcejler,  Edward  Bangs,  Mendon,  Jofeph  Adams, 


Ephraim  Mower, 

Abraham  Lincoln. 
Lcicejier,  John  Hobart. 
Spencer,  Benjamin  Drury. 
Brookfield,  D wight  Poofter, 

Oliver  Crofby, 

Rufus  Hamilton, 

Simeon  Draper. 
Wejiern,  Jofeph  b'ield. 
Sturbridge,  Gerlhom  Plimpton,  Ward, 

Zenos  L.  Leonard.         Shrewjbury, 
Charlton,  John  Spurr, 

Thaddeub  Marble, 

Ephraim  Willard. 
Dudley,  Aaron  Tufts. 
Douglas,  Benjamin  Craggin. 
Uxbridge,  Benjamin  Adams. 
Northbridge, 


Daniel  Thurber. 
Milford,  Samuel  Jones. 
Upton,  Ezra  Wood,  jun. 
Grafton,  WiUiam  Lamb. 
Sutton,  Jonas  Sibley, 

Jofiah  Stiles, 

Lftes  Howe. 
Oxford,  Abijah  Davis, 

James  Butler. 


Vafhni  Hemmenway. 
Wejiborough,  Nathan  Fiffier. 
Southboro\  Jeroboam  Parker. 
Northborough,  James  Keyes. 
Boyljion,  James  Longley. 
WeJ}  Boylfton,  Ezra  Beaman. 
hnncajler,  Eli  Stearns, 


HOUSE  OF  REPRESENTATIVES. 


Jonas  Lane.  Daniel  Grofvenor. 

Harvard,  Jonathan  Symonds,    Princetown,  William  Dodds. 

Jonathan  Weiherbee.    Le.mlnjler,  Abijah  Bigelovv, 
Bolton  l^  Berlin,  Silas  Holman,  David  Wilder,  jr. 


Levi  Merriman. 
Sterling,  Ifrael  Allen, 

Bartholomew  Brown. 
Holden,  William  Drury. 
Rutland,  William  Dodd. 
Paxton,  Nathaniel  Crocker. 
Oakham,  Abijah  Cutler. 
New  Brainiree, 

Jofeph  Bowman  jr. 
Hardivick,  Timothy  Paige, 

John  Haflings. 
Barre,  Nathaniel  Jones. 
Hubbardjlon,  Jacob  Waite. 


Lunenburgh, 

Fitchburgh, 

Wejiminjter,  Jonas  Whitney, 

/ibel  Wood. 
Gardner,  Aaron  Wood. 
Ajhhurnham,  Jofeph  Jewett. 
Winchendon,  Ifrael  Whiton. 
Royal/ion, 

Jofeph  Eaflerbrooks. 
Templeton,  Leonard  Stone, 
y^^/jo/,  James  Humphries. 
Gerry,  Ithamar  Ward 
Dana,  Abiel  Parmenter. 


Peterjham,  Nathl.  Chandler, 

BERKSHIRE. 

Sheffield  ^  Mount  Wajhington,  William  P.  Walker. 

Silas  Kellogg.  Richmond,  Noah  Rofleter. 

New  Marlboro'' ,  Benj.  Wheeler,  Hancock,  Rodman  Hazard. 


Benjamin  Smith. 
Sandisjield  and  Southjield, 

John  Picket. 

Jairus  Barker. 
Bethleheniy 
Loudon, 


Pittsfield,  Simeon  Grifwold, 
John  Churctill, 
Jofeph  vShearer. 

Dalton,  John  Chamberlain,  jr. 

Hinsdale,  I'homas  Allen. 

P'Tu,  Smith  Phillips. 


Tyrringha?n,  Adonijah  Bidwell,  Wind/or,  Daniel  Dana. 


Jofeph  Wilfon. 
Great  Barrington, 

Thomas  Ives, 

David  Wainwright. 
Egremont,  James  Baldwin. 
Alford, 

Stockbridge,  Henry  Brown. 
Weji  Stockbridge, 

Lemuel   Moffit,    jr. 
Lee,  Jofiah  Yale. 
Becket,  George  Conant. 
Wajhington,  Gideon  Demming.  Florida, 
Lenox,  Oliver  Belden, 


Lanejboro"  tff  New  AJhford, 
Samuel  H.  Wheeler, 
Richard  Whitman. 

Chefnire,  Jonathan  Richardfon, 
Jofeph  Bucklen. 

Adams,  Elifha  Wells, 

Thomas  Farnum. 

IVilliatnJlozon,  Willian  Towner, 
Samuel  Kellogg. 

Savoy,  Jofeph  Williams. 

Clatksbtirgy 


HOUSE  OF  REPRESENTATIVES. 


NORFOLK. 


Roxbury,  Jofeph  Heath, 
William  Brewer, 
Guflavus  Fellows, 
Jacob  Weld, 
Abijah  Draper, 

"Dorchejlcr^  Perez  Morton, 
Ezekiel  Tolman, 
Phineas  Holden. 

Brookline,  Stephen  Sharp. 

Milton,  David  Tucker. 

B^uincy^  Thomas  Greenleaf. 

Braintrec, 

Wcvnouib,  Chriilonher  W^ebb. 

Cobaffet,    \  homas  Lothrop. 

Dedham,  John  Kndicott, 
Samuel  H.  Dean, 


Jonathan  Richards. 
x^ecdham.  James  Smith. 
Medjield  and  Dover, 

Johnfon  Mafon. 
Medway,  Mofes  Richardfon. 
BcUingham,  John  Bates. 
Franklin,  Jofeph  Bacon. 
Wrentham,  Jairus  Ware, 

Jacob  Mann 
Walpole,  Daniel  Kingfbury. 
Foxboro*,  Seth  Boyden. 
Sharon,  Jonathan  Bilh'ngs. 
Sioughton,  Lemuel  Gay. 
Canton,  Benjamin  Tucker. 
Randolph,  Thomas  French. 


YORK. 


Tork,  Elihu  Bragdon. 
Jeremiah  Clark. 

Kittery,  Mark  Adams, 

Samuel  Leighton, 
William  T.'Gerrifli. 

Wells,  John  Storer, 

Jofeph  Moody, 
Nahum  Morrill, 
John  U.  Parfons. 


Alfred, 

Lyman,  John  Low. 
Phillipjburgh,  Abijah  Ufher. 
Waterborough,  Henry  Hobbs. 
Shapleigh,  Jeremiah  Emery, 

John  Leighton. 
Newfield, 
Parfonsfield,  James  Bradbury, 

Noah  Weeks. 


Arundel,  Thomas  Perkins,  3d.  Cornijlo,  Jonah  Dunn. 
Biddeford,  Jeremiah  Hill. 
Berwick,  Jofeph  Prime, 

William  Hobbs, 

Micajah  Cuvrier, 

Benjamin  Greene. 
Lebanon,  David  Legro. 
Sandford, 

CUMBERLAND. 


Limerick, 

Limington,  David  Boyd. 

Buxton,   Samuel  Merrill, 

AViHiam  Merrill. 
Saco,  William  Moody, 

Benjamin  Pike. 


Portland,  Jofeph  TItcomb, 
George  Bradbury, 
Matthew  Cobb, 
Jofeph  H.  Ingraham, 


W^illiam  Jenks, 
Ifaac  Adams. 
Falmouth,  John  Jones, 
James  Morrill, 


HOUSE  OF  REPRESENTATIVES. 

James  Merrill,  John  Angier  Hyde. 

Daniel  Lunt.  Brunfivkk,  Robt.  D.  Dunning, 

C»  Elizabeth, Sy\v2inus  Higglns.  James  Curtis,  jun. 

Scarborough,  Benja.  Larrabee,  Harpswell,  Marlboro  Sylvefler. 

George  Hight.  Durham,  Jofiah  Burnham. 

Gorham,  David  Harding,  jun.  New  Glouccjlcr,  J.  E.  Foxcroft. 

Dudley  Folfom.  Pejepfcot^ 

StandiJIj,  Jonathan  Philbrick.   Poland,  Robert  SnelL 
Windham,  Jofiah  Chute.  Minot,  Seth  Chandler, 

Gray,     Peter  Whitney.  Afaph  Howard. 

North'Tarmoiith,  David  Prince,  Raymond^ 

Jacob  Mitchell,  Baldwin, 

ElifhaP.  Cutler.  Bridgetown^ 

Pownal,  Jofiah  Lovell.  Harrifon, 

Freeport,  John  Cufliing,  O/Zj/^^/*^,  Benjamin  Patch. 

LINCOLN. 

Wifcajfet,  Abiel  Wood,  jun.  Warren,  Samuel  Thatcher. 

Mofes  Carlton,  jun.  Camden,  Mofes  Truffell. 

Woolwich,  David  Gilmore.  Hope,  Fergus  McClain. 

Drefden,  George  Ramfdell.  Union, 

New  Milford,  Mofes  Carlton.  Palermo,  Daniel  Sanford, 

'Jefferfon,  Jonathan  Irafk.  Montville, 

New  Cajfile,  John  Farley.  Georgetown,  William  Lee, 
Edgcumbe,  Stephen  Parfons.  Lewis  Thorp. 

Boothbay,  WiUiam  M'Cobb.  Bath,  Samuel  Davis, 
Brijiol,  William  M*Clintock.  William  Webb, 

Samuel  Reed.  Jonathan  Hyde. 

Nobleboro\  David  Dennis.  Topjham,  Benjamin  Hafey. 

Waldoboro* ,  Jofeph  Ludwig,  Bowdoin,  Mofes  Dennet. 

Benjamin  Brown.  Bowdoinhatn,  James  Maxwell. 

Friend/hip,  Lijbon, 

Cujhing,  Lewijiown,  Joel  Thompfon. 

St.  George,  Hezeklah  Prince,  Litchfield,  John  Neal, 
Thomafion,  Ifaac  Bernard.  Jabez  Robinfon. 

Ezekiel  G.  Dodge. 

KENNEBECK. 

Augujla,  Samuel  Howard.  MowwowfZ',  Simon  Dearborn,  jr* 

Hallowell,  Samuel  Moody,  Greene,  John  Daggett. 

John  Odlin  Page.  Leeds,  Daniel  Lothrop. 

Gardiner,  Samuel  Jewett,  Winthrop,  Samuel  Wood. 


HOUSE  OF  REPRESENTATIVES. 


Reedfield,  Temple, 

Wayne,  Wilton, 

Fayette,  Solomon  Bates,  jun.  Pittjiown^  David  Young. 

Mount  Vernon,  John  Hovey.  Vajj'alboro'' ,  Abiel  Getchel, 

Belgrade,  Mofes  Carr.  Samuel  Reddington. 

Sydney,  Win/low,  Jofiah  Hayden, 

Waicrville,  Elnathan  Sherwin.  Harlem, 


Rome, 

Malta, 

Vienna, 

Fairfax,  Nathan  Haywood. 

JSJew  Sharon,  Thomas  Fields. 

Clinton,  Andrew  Richardfon, 

Chejierville, 

Unity,  Frederick  Stevens. 

Farmington, 

OXFORD. 

Paris,  Elias  Stowell. 

Porter, 

Htbfon,  Alexander  Greenwood 

.  Lovcll, 

Bmkfitld,  Enoch  Hall. 

Waterford,  Hannibal  Hamlin. 

^Uf  i^er,    John  lurner. 

Albany^ 

Livcrmcre,  Simeon  Waters. 

Bethel,  Eliphas  Chapman. 

Hartford,  David  Warren. 

Jay,  James  Starr,  jun. 

Sufiiner, 

Dixfield, 

I^orway,  Luther  Farrar. 

Rumford, 

Fryeburgh,  John  M'Millan. 

Gilead, 

Brownfield  ^  Hiram, 

Neivry, 

Timothy  Gibfon. 

Eaji  Andover, 

Denmark, 

SOMERSET. 

ISforridgewock,  John  Ware. 

Embden, 

Canaan,  Bryce  M'Clellan. 

Freeman, 

Fairjicld,  ximos  Townfend. 

JSlew  Portland, 

An/on, 

Madifon, 

Stnrks,  James  Waugh,y««. 

Cornville, 

Mercer, 

Solon, 

Indujiry, 

Athens, 

New  Vineyard, 

Harmony, 

Strong, 

Palmyra, 

Avon, 

HANCOCK. 

Cajline,  Otis  Little. 

Orrington,  John  Earring  ton. 

Pefiob/cot, 

Ell/worth,  John  Peters. 

Or  land. 

Surry, 

Buckftown,  Stephen  Peabody. 

,    Bluehill,  Ebenezer  Floyd. 

HOUSE  OF  REPRESENTATIVES. 


Sedgwick,  Daniel  Merrill. 

Trenton^ 

Sullivan, 

Gouldjborough, 

Eden,  Cornells  Thompfon. 

Mount  Defert,  Davis  Wafgatt. 

Deer  IJIe,  Pearl  SpaiFord. 

Vinalbaven,     William  Vinal. 

I/Ieboro*, 


Lincolnvile,  Ephraim  Fletcher. 

Northport, 

Belfaji,  Jonathan  Wilfon. 

Profped,  Henry  Black. 

Frankfort,  Alexander  Milliken. 

Hampden,  Seth  Kempton. 

Bangor,  James  Carr. 

Orono, 

Dixmonti 


WASHINGTON. 


Machias,  Ebenezer  Inglee. 
Eaji  Port,  Oliver  Shead. 
yonejboro, 
Addifon, 


Columbia, 

Harrington, 

Steuben, 


Nicholas  Tillinghaft,  Efq.  Clerk. 


Of  the  General  Court  of  Massachusetts^ 

PASSED  AT  THE   SESSION  BEGAN  AND  HOLDEN  AT  BOSTON, 

ON  THE  THIRTY-FIRST  DAY  OF  MAY, 

IN  THE  YEAR   OF  OUR  LORD   ONE   THOUSAND  EIGHT  HUNDRED 

AND  NINE. 


GOVERNOUR's  SPEECH. 


REPRESENTATIVES*   CHAMBER,  JUNE  7, 

At  the  hour  affigned.  His  Excellency  the  Governour  came  in^ 
accompanied  by  his  Council^  the  Secretary  of  the  Commonwealth^ 
and  other  officers  of  government^  and  delivered  the  following 

SPEECH : 

Gentlemen  of  ths  Senate,  and 

Gentlemen  of  the  House  of  Representatives, 

Called  to  the  office  of  chief  Magiftrate  of  this 
great  and  important  Commonwealth,  by  the  free  fuffrages  of 
my  fellow  citizens,  permit  me  to  embrace  the  earlieft  opportu- 
nity to  exprefs  the  deep  and  refpedful  fenfe  I  entertain  of  their 
confidence,  and  of  the  folemn  obligations  it  has  impofed,  for 
the  exercife  of  all  my  powers  to  fecure  their  rights,  advance  their 
interefts,  and  increafe  their  happinefs,  by  all  the  means  which 
are  afforded  by  the  conftitution  and  the  laws  of  the  land. 

Educated  at  a  time  when  the  principles  of  civil  liberty  were  in- 
vefligated  and  difcuffed  by  the  fages  and  heroes,  who  conceiv- 
ed and  accomplifhed  our  glorious  revolution,  my  llrongeft  and 
earlieft  imprefTions  were  in  favour  of  that  well  regulated  freedom, 
which  is  fecured  by  our  excellent  conftitution.  An  abfence  of 
eight  years  in  the  fervice  of  our  common  country,  by  the  op- 


304  GOVERNOUR's  SPEECH. 

portunity  it  afforded  of  remarking  the  circumftances  of  other 
nations,  ferved  to  confirm  and,  if  poflible,  increafe  the  refpedk 
and  reverence  I  had  previoufly  imbibed  for  the  religious  and 
civil  inftitutions  of  my  native  ftate.  A  comparifon  of  our 
condition,  with  that  of  any  other  people,  muft  convince  every 
one  of  the  enviable  fituation,  in  which  we  are  placed,  and  of 
the  fuperiour  means  afforded  to  us,  for  enjoying  all  the  bleffmgs 
of  which  focial  life  is  capable.  While  this  confideration  cannot 
fail  to  infpire  us  with  profound  gratitude  to  the  Almighty  Ruler 
of  the  univerfe,  it  ought  to  awaken  us  to  a  fenfe  of  the  awful 
refponfibility  we  are  under,  to  tranfmit  unimpaired  to  our  fuc- 
ceffors,  this  valuable  inheritance,  derived,  through  the  provi- 
dence of  God,  from  the  toils  and  facrifices  of  our  pious  an- 
ceftors. 

To  perform  this  firfl:  of  duties,  to  preferve  the  advantages  of 
liberty, and  to  maintain  a  free  government,  we  mufl  follow  their 
example  in  a  conftant  adherence  to  the  precepts  of  piety,  juf- 
tice,  moderation,  temperance,  induftry  and  frugality,"  and  muft 
facredly  regard  the  fundamental  principles  of  our  conftitution, 
of  which  none  are  more  evident,  none  more  explicitly  afferted, 
nor  more  frequently  recognized,  than  that  all  power  refides  in 
the  people,  and  that  government  is  inftituted  for  their  proiedlion, 
fafety,  profperity  and  happinefs. 

Their  fubflitutes  or  agents,  entru/led  with  the  adminiftration 
of  government,  cannot,  then,  in  their  own  immediate  adts,  nor 
in  the  appointment,  nor  continuance  in  office  of  others,  right- 
fully fuffer  themfelves  to  be  influenced  by  any  conhderations, 
but  fuch  as  promote  thefe  jufl  and  declared  objects. 

All  citizens,  who  poffefs  the  requifite  information,  talents  and 
integrity,  have  fair  claims  to  publick  confiJence,  whatev- 
er may  be  their  fentiments  on  the  political  dodlrines  which  are 
difcuffed  in  the  community.  And  fo  long  as  men  in  office 
perform  the  duties  affigned  them,  with  adequate  Ikill,  fidelity 
and  impartiality  ;  their  political  fentiments  ought  not  to  be  the 
ground  of  removal. 

While  I  entertain  no  doubt  of  the  foundnefs  of  this  opinion,  I 
am  equally  well  fatisfied,  that  when  perfons  in  office  do  not  ex- 
ecute their  duties  with  fidelity,  or  conduct  themfelves  in  a  manner 


GOVERNOUR's  SPEECH.  305 

that  is  Injurious  to  the  reputation  of  government  and  to  the  inter- 
efts  of  the  people,  or  become  otherwife  difqualified,  they  who  are 
entnifted  with  the  adminiftraiion  of  government,  are  bound  in 
good  faith  to  their  country,  to  remove  them,  undeterred  by  the 
fear,  that  fuch  ad  may  be  imputed  to  political  prejudice,  or 
to  any  improper  motive. 

To  adopt  a  rule,  that  no  man  is  to  be  feleded  for  ofHce,  un- 
lefs  he  be  of  the  particular  fe£t  or  party  of  thofe,  who  admin- 
ifter  the  government,  or  fubfcribe  to  their  pohtical  creed,  is  to  ef- 
tablifh  a  principle,  not  only  not  recognized  by,  but  diredly  re- 
pugnant to  the  conftitution.  It  is  moreover  highly  unjuft  to  the 
people,  as  it  narrows  the  choice  for  office,  and  may  frequently 
exclude  from  their  fervice,  the  pureft  integrity,  the  highert:  ca- 
pacities, and  bed  difpofitions.  It  is  confidering  government  as 
inftituted,  not  for  the  common  good,  but  for  the  exclufive  advan- 
tage of  an  affociation  or    party  of  men. 

Should  they,  to  whom  is  deputed  the  authority  of  the  com- 
monwealth, furrender  themfelves  to  fuch  motives,  they  would 
^efcend  from  the  diftinguiihed  elevation  of  rulers  of  a  free 
people,  to  the  level  of  a  fadion,  difpofing  of  the  honours  and 
■employments  of  the  publick,  as  bribes  to  augment  their  party 
and  perpetuate  their  power.  When  creeds  and  opinions  un- 
known to  the  conftitution  are  rendered  neceftary  to  emplo)^- 
ment,  they  very  foon  become  the  only  qualification  required, 
and  fupply  the  place  not  only  of  talents,  for  the  performance 
of  the  higheft  duties,  but,  even  of  common  honefty,  neceflary 
to  the  difcharge  of  all.  Already,  we  have  had  but  too  much  rea- 
fon  to  deplore  the  violence  and  animofity  of  party  fpirit.  It 
has  gone  far  to  deftroy  focial  intercourfe,  and  all  the  endearing 
charities  of  life,  between  ancient  friends  and  neighbours,  and  to 
fubftitute  political  opinions  for  virtue,  intelligence,  and  patriot- 
ifm.  Already  the  wife  and  good,  of  all  parties,  entertain  ap- 
prehenfions,  left  the  interefts  of  the  people,  and  the  duties  of 
government  might  be  forgotten  in  the  folicitude  for  party  pow- 
er and  the  hatred  of  political  opponents.  They  fee  and  lament 
not  only  the  evils,  at  prefent  experienced,  but  they  have  a  dread 
of  evils  ftill  greater;  even  the  deftrudion  of  ourfree  government, 
as  a  neceflary  confequence  of  part  v  pafTion,  unlefs  alTuaged  by  a 


3o(J  GOVERNOUR's  SPEECH. 

temper  of  conciliation,  of  mutual  forbearance,  of  candour  and 
refpecl  for  each  other,  and  by  the  unqualified  furrender  of  eve- 
ry intereft  and  every  defire,  to  the  pre-eminent  claim  of  country 
in'thofe,  who  have  been  felected  by  the  citizens  to  guard  their 
rights  and  advance  their  profperity.  Let  us  then,  gentlemen, 
truftees  for  the  publick  good  alone,  of  the  power  and  authority 
of  a  jufl  and  enlightened  community,  by  the  candour  and  liber- 
ality of  our  own  condud,  endeavour  to  fet  the  example  fo  much 
defired,  by  deliberately  weighing  and  juftly  appreciating  the 
meafures  and  motives  of  each  other,  and  by  purfuing,  within 
the  circle  of  o«r  refpeclive  duties,  unbiafled  by  any  prejudi- 
ces, or  prepoffeflions,  the  happinefs  and  profperity  of  the  people, 
and  the  fecurity  of  their  rights.  Such  an  example  from  the  gov- 
ernment, we  might  fafely  truft,  would  be  followed  by  our  fellow 
citizens,  and  would  afford  the  bed  profped  of  continuing  the 
freedom  and  glory  of  the  country. 

Our  forefathers,  from  the  firfh  fettlement  of  the  country, 
judged  it  neceifary  to  provide  for  the  religious  inflrudion  of  the 
focicty,  and  to  enjoin  on  all  the  members  thereof,  the  worfliip 
and  adoration  of  the  Supreme  Being,  the  beneficial  effects  of 
which  have  been  felt  at  every  ftage  of  our  political  exiftence,  iu 
the  good  order  of  fociety  and  prefervation  of  civil  government, 
in  the  peculiar  happinefs,  and  profperity  of  the  people,  and  in 
the.  molt  fignal  inftances  of  divine  interpofition  in  behalf  of 
our  highly  favoured  land. 

While  the  people  of  this  Commonwealth  peremptorily  infift 
on  the  rights  of  confcience,  and  guarantee,  to  every  man,  per- 
fect freedom,  to  woriliip  the  great  Creator  and  prefer ver  of  the 
univerfe,  according  to  the  dictates  of  his  own  mind,  they,  alfo, 
invefl  the  Legiflature  with  power,  and  render  it  their  duty  to  au- 
thorize, and  require  the  citizens,  in  their  feveral  corporate  ca-. 
pacities,  to  make  fuitable  provifion  for  the  inftitution  of  the  pub- 
lick  worfliip  of  God,  and  for  the  fupport  and  maintenance  of 
publick  Protefiant  teachers  of  piety,  religion  and  morality,  if  it 
be  not  done  voluntarily — and  alfo  to  enjoin,  on  all  the  fubjeds, 
an  attendance  upon  the  inftruclions  of  fuch  publick  teachers,  if 
there  be  any,  on  whofe  inftru6Uons  they  can  confcientioufly  and 
conveniently  attend. 


GOVERNOUR's  SPEECH.  307 

The  principle,  adopted  by  the  people,  is,  evidently,  not  to  im- 
pofe  articles  of  faith  on  the  confcience  ;  but  to  declare  their 
own  obligation,  and  that  of  the  Legiflature,  to  enjoin  and  pro- 
mote the  means  of  inftruttion,  and  the  maintenance  and  com- 
munication of  the  proteftant  religion,  of  piety  and  morality,  as 
eflential  to  the  happinefs  of  the  citizens. 

The  lead  reflection  on  the  relations  of  civil  fociety,  and  the 
limited  power  of  government,  will  manifeft  the  great  temporal  ad- 
vantage, to  be  derived  from  promoting  the  worlhip  of  God  in 
fpirit  and  in  truth. 

The  power  of  government  does  not  extend  beyond  that  clafs  of 
duties,  which  refult  from  pofitive  law  and  perfe6:  obligation,  nor 
to  punifhment,  for  the  breach  of  fuch,  unlefs  the  fame  be  prov- 
ed, according  to  certain  eftabliflied  and  known  rules. 

All  thofe  duties,  which  are  not  of  pofitive  law,  but  of  imper- 
fe<5t  obligation,  fuch  as  gratitude,  love  to  our  neighbour,  hofpi- 
tality,  parental  and  filial  affedion,  and  offences  againft  the  fame, 
are  not  the  fubjed  of  human  laws.  Thefe  and  numerous 
others,  which  are  inculcated,  taught,  or  forbidden,  by  the  pre- 
cepts of  that  holy  religion,  which  is  acknowledged  by  our  con- 
ftitution,  are  neither  prefcribed,  nor  prohibited,  nor  even  de- 
termined upon  by  the  law  of  the  ftate.  Yet  no  man  can  doubt, 
that  a  firm  belief  in  their  truth,  promotes  the  happinefs  of  foci- 
ety, and  that  an  exa6t  performance  of  the  duties,  not  fubject  to 
human  control,  but  enjoined  by  chriflianity,  renders  the  citizeii 
a  better  member  of  the  community,  and  difpenfes  with  the  ne- 
cefTity  of  multiplying  laws  and  increafmg  forfeitures.  Society, 
cannot  deter  from  committing  crimes,  by  inflifting  punifhment 
for  their  commifTion,  unlefs  the  fame  be  fully  proved.  It  there- 
fore has  no  hold  on  one,  who  can  perpetrate  wickednefs  in  fe- 
Crecy  and  preclude  all  teftimony  of  his  guilt ;  but  religion  teach- 
es that  the  omnifcient  judge  of  crimes  pervades  every  recefs  of 
human  concealment,  and  that  from  his  all-piercing  eye,  it  is  im- 
pofTible  to  keep  fecret  aught  that  the  hand  can  execute  or  the 
mind  conceive. 

Hence,  we  may  juflly  conclude,  that  in  complying  with  the  re- 
quifitions  of  our  fundamental  laws,  as  regards  the  worfhip  of 
God,  and  publick  inftrudion  in   piety,  religion  and   morality. 


3o8  GOVERNOUR's  SPEECH; 

we  commit  no  offence  agalnfl;  the  rights  of  confcience,  we  pro- 
mote the  progrefs  of  truth,  the  peace  and  happinefs  of  fociety, 
and  prefervaiion  of  government. 

It  cannot  efcape  the  obfervation  of  a  wife  Legiflature,  that  for 
moft  of  the  duties,  which  are  of  pofitive  law,  religion  affords 
fandions,  llronger  than  can  be  created  by  any  human  power — 
that  while  it  makes  us  better  citizens  and  happier  in  this  world,  it 
affords  the  only  folid  hope  of  purer  enjoyment  and  higher  re- 
wards in  another. 

The  conftitution  enjoins  on  the  Legiflature,  and  Magiftrates, 
in  all  periods  of  the  Commonwealth,  to  cherifh  the  interefls  of 
literature  *id  fcience,  and  all  fcminaries,  efpecially  the  Univerfi- 
ty  in  Cambridge,  pubhck  fchools,  and  grammar  fchools  in 
towns,  A  recolledion,  that  this  duty  is  founded  upon  the  prin- 
ciple, that  the  diifufion  of  wifdom  and  knowledge,  as  well  as  vir- 
tue, among  the  people,  is  neceffary  for  the  prefervation  of  their 
rights  and  Uberties,  will  claim,  from  this  affembly,  a  continu- 
ance of  that  attention  and  regard,  which  it  has  received  from 
paft  Legiflatures. 

Agriculture,  whether  confidered  as  the  immediate  fource  of 
human  fubfiftence,  or  as  the  honourable  and  happy  employment 
of  a  great  portion  of  our  citizens,  may  be  juftly  deemed  of  the 
firft  importance,  and  its  improvement  cannot  fail  to  reflect  blef- 
fings  on  every  member  of  the  community,  as  well  as  on  the  Com- 
monwealth at  large.  It  therefore  merits,  and  will  doubtlefs  re- 
ceive from  this  enlightened  Afl'embly,  all  the  encouragement  of 
which  it  is.fufceptible. 

The  mode  fuggefted  in  the  conflitution,  for  the  promotion  of 
this  branch  of  induftry,  by  rewards  and  immunities,  and  by 
the  encouragement  of  private  focieties  and  publick  inflitutions, 
hath  been  profecuted  with  fuccefs.  It  has  already  occafioned 
the  coUqdion  and  dift'ufion  of  much  knowledge,  and  excited  a 
general  fpiric  of  improvement  through  the  ftate.  From  the  ex- 
perience of  other  nations  as  well  as  of  our  own,  it  is  probable  that 
the  diftribution  of  fuch  funds,  as  the  Legiflature  fliall  think  ad- 
vifable  to  appropriate  to  this  object,  may  be  more  advantageouf- 
ly  applied  through  focieties  eftablifhed  under  the  countenance 
of  government,  than  in  any  other  way. 


GOVERNOUR's  SPEECH.  309 

Manufadures  and  commerce  promote  agriculture,  as  they 
ofFer  the  mod  liberal  reward  for  all  its  productions.  So  far, 
then,  as  the  interefts  fucceed,  agricuhure  is  promoted  and  ad- 
vanced, and  not  only  perfons  immediately  occupied  in  mauufacl- 
ures,  and  in  the  vaft  and  various  fcenes  of  commercial  enterprize, 
are  benefited  by  their  encouragement,  but  the  proprietors  and 
cultivators  of  the  foil  are  deeply  concerned  in  whatever  tends  to 
their  fecurity  and  increafe. 

It  is  true  that  the  principal  means  of  foftering  thefe  great  in- 
terefts are  confided  exclufively  to  the  government  of  the  Union, 
yet  peculiarly  interefled  as  is  this  Commonwealth,  in  their  ad- 
vancement, a  wife  Legiflature  will  ever  be  vigilant  to  adopt  all 
fuch  as  are  wiihin  their  authority,  to  afTift  a  difcreet  and  lauda- 
ble fpirit  of  enterprize  in  fuch  important  objeds.  Among  thefe, 
may  be  reckoned  the  making  and  executing  juif  and  practicable 
laws  of  infpedion  on  manufactured  articles,  the  encouragement 
of  focieties,  where  necefi'ary,  for  carrying  on  any  particular  man- 
ufacture, under  fuitablq  reftriCtions  and  limitations,  and  the  ren- 
dering communication,  between  all  parts  of  the  Commonwealth, 
eafy,  fafe  and  economical.  Thefe,  with  every  other  branch  of 
induftry,  and  every  other  fource,  from  which  human  happinefs 
and  the  means  of  enjoyment  may  be  prefumed  to  flow,  are  mod 
effectually  fupported,  protected  and  increafed,  by  enforcing  hon- 
efly  and  punctuality  in  the  performance  of  contracts,  by  an  in- 
violable regard  to  the  rights  of  property,  and  a  facred  refpeCt  to 
all  the  principles  of  juftice. 

But,  as  in  a  nation  greatly  commercial,  the  utmoft  prudence 
and  fagacity  cannot  always  fecure  from  misfortune  thofe,  whofe 
occupations  are,  in  their  very  nature,  fubjeCt  to  hazards,  there 
is  no  doubt  that  the  government  may  and  will,  fo  far  as  it  can 
be  done,  confiftent  with  the  rules  of  the  conftitution,  relieve 
the  unfortunate  from  thofe  embarraflfments  into  which  they 
have  been  plunged  by  circumflances  not  under  their  control, 
and  rellore  to  them  the  opportunity  of  providing  for  themfelves 
and  ferving  the  community  by  honeffc  induflry. 

On  the  wifdom  of  the  Legiflature  the  people  repofe  with  con- 
fidence, for  good  and  wholefome  lavi^s,  and  all  the  necefi'ary  pro- 
vifion  for  the  impartial  interpretation  of  thefe  laws,  and  the  ad- 
minifl;ration  of  juflice. 


31©  GOVERNOUR's  SPEECH. 

The  conftitution  inftruds  us  and  experience  confirms  its  pro- 
priety, that  it  is  not  only  the  bell  policy,  but  for  the  fecurityof  the 
rights  of  the  people,  and  of  every  citizen,  that  the  Judges  of  the 
Supreme  Judicial  Court  (hould  have  honourable  falaries  eftab- 
lifhed  by  Handing  laws  : — what  falaries  are  of  this  charadei 
Inuft  always  reft  with  the  found  difcretion  of  the  Legiflature 
to  decide.  Whenever  they  can  afcertain  the  amount,  that  meets 
this  defcription,  they  will  have  no  hefitation  in  eftablifliing  the 
iame,  by  law. 

The  bufmefs  of  this  court  is  fo  extenfive,  various  and  impor- 
tant, that  it  can  be  properly  performed,  and  with  fufficient  def- 
patch  by  none,  but  the  ableft  men,  and  can  leave  to  upright 
judges  no  leifure  for  attention  to  diftin£l  concerns,  or  to  pro- 
vide for  the  fupport  of  their  famihes,  by  other  means  than 
their   falaries. 

The  Militia  of  the  Commonwealth  is,  at  all  times,  a  fubje6l 
of  the  deepeft  interelt,  as  on  its  organization  and  difcipline, 
the  peace  and  fafety  of  the  itatc  greatly  depend. 

For  a  remedy  of  fuch  defeds  in  the  fyftem,  as  experience 
ihall  have  difcovered,and  the  confirmation  of  fuch  arrangements, 
as  have  proved  fuitable,  the  citizens  look  to  their  Legiflature^. 
and  fure  I  am,  gentlemen,  that  the  intelligence  and  zeal, 
contained  in  this  aflembly,  will  fatisfy  their  juft  expecta- 
tions. 

The  iifcal  concerns  of  the  Commonwealth  will  always  claim 
your  ferious  attention.  To  draw  from  the  citizens  the  amoupt 
necefi'ary  to  difcharge,  with  punctuality,  the  obligations  of  the 
State,  in  a  manner  the  moft  equal,  and  leaft  burthenforae  to 
thofe,  who  are  to  pay,  will  be  the  firft  aim  of  a  wife  government. 
*— To  fecure  the  money  againft  lofs  after  it  is  collected  from  the 
people,  is  an  objedt  no  lefs  important.  This  was  fuppofed  to 
have  been  provided  for,  by  rendering  the  choice  of  the  Treafurer 
dependant  on  thofe,  who,  in  common  with  their  conftituents, 
muft  fufFer  from  any  wafte  of  the  publick  funds,  by  taking  bonds 
for  the  faithful  performance  of  the  duty  and  by  frequent  fettle- 
ment  of  the  Treafurer*s  accounts. 

Although  it  is  expected,  that  the  fum,  which  may  eventually 
be  received  from  the  bondfraen   of  the  late  Tre  afurer,  will  not 


GOVERNOUR's  SPEECH.  311 

be  lefs  than  the  amount  in  which  his  account  was  deficient,  yet 
the  inconvenience  and  derangment  of  the  Treafury,  from  want 
of  the  money,  at  the  time  when  it  was  fuppofed  to  be  at  com- 
mand, and  the  injury  to  the  charaQer  of  the  State,  always  in 
fome  degree  impHcated  in  the  conduct  of  officers,  fo  diftinguifhed, 
as  the  head  of  the  treafury,  are  of  fufficient  importance  to  claim 
the  deliberate  wifdom  of  the  Legiflature,  in  devifmg  the  beft 
means  to  prevent  like  evils  in  future. 

We  are  ferioufly  admonifned  by  the  circumftances,  in  which 
the  treafury  was  left,  by  the  predecefTor  of  the  prefent  Treafurer, 
that  the  checks  contained  in  the  fyftem  were  not  fufficient  to 
fecure  the  community  againft  unfaithfulnefs  in  an  officer.  Sev- 
eral other  States,  prior  to  the  revolution,  fuffered  frequent  lofles, 
by  a  defed  in  this  department  of  their  government.  In  alter* 
ing  their  State  Conflitutions,  they  thought  to  remedy  the  evil, 
by  afligning  the  appointment  of  their  Treafurer  to  the  Legilla- 
ture.  The  refult  has  Ihewn  this  remedy  not  to  be  effectual, 
and  in  feveral  inftances,  they  have  altered  their  fyftem,  by  ad- 
ding to  the  officers,  entrufled  with  the  care  of  the  revenue,  one, 
in  the  character  of  Comptroller. 

Should  the  Legiflature  turn  their  attention  to  the  providing 
further  fecurity  in  this  department,  this  mode  may  not  be  alto- 
gether unworthy  their  notice. 

The  regulations  of  fuch  an  office  might  operate,  as  checks 
on  the  Treafurer,  by  rendering  the  Comptroller's  fanflion  necef- 
fary  to  the  fettlement  of  ail  accounts,  to  the  payment  and 
receipts  of  all  monies  to  or  by  the  Treafurer,  and  to  drawing 
the  fame  from  the  Bank,  where  by  law  it  is  kept.  A  fyftem 
that  Ihould  afford  in  the  Comptroller's  office,  a  particular  account 
with  each  of  the  debtors  and  creditors  of  the  State,  and  alfo  an 
exadl  account  with  the  Treafurer,  which  would,  at  all  times, 
exhibit  precifely  the  balance  of  his  account,  might  be  found 
to  contain  greater  fecurity,  againft  mifapplication  of  the  publick 
money,  than  that  under  v^'hich  our  pecuniary  concerns  have 
been  managed. 

I  triift,  gentlemen,  that  we  may  fmcerely  and  heartily  con- 
gratulate each  other,  and  every  individual  in  our  country,  that 
the  political  year  commences  with  the  promife  of  reviving  com- 


312  GOVERNOUR's  SPEECH. 

inerce,  and  therefloration  of  our  citizens  to  the  exercife  of 
their  facuhies,  and  their  induftry,  and  to  the  right  of  acquiring 
ahd  pofefling  property,  aflferted  in  our  Declaration  of  Rights  to 
be  eflential  and  unalienable.  We  have  great  reafon  to  indulge 
the  hope  of  realizing  thcfe  views,  from  the  prompt  and  amicable 
difpofition,  vs'ith  which  it  is  underflood,  the  prefent  federal  ad- 
miniftration  met  the  conciliatory  overtures  of  Great  Britain 
— A  difpofition  which  is  entitled  to,  and  will  certainly  receive, 
the  hearty  approbation  of  every  one,  who  fmcerely  loves  the 
peace  and  profperity  of  the  nation. 

While  we  fincerely  rejoice  at  the  profped  open  to  the  United 
States  of  returning  profperity,  and  plenty,  this  Commonwealth 
has  great  reafon  for  felf  gratulation,  on  the  patience  and  firm- 
nefs,  difplayed  by  her  citizens,  under  privations  the  moft  pain- 
ful, and  reftriclions  the  moft  irreconcileable  to  the  fpirit  of 
freemen.  While  the  ads,  enforcing  thefe  privations  and  reftric- 
tions,  were  fubmitted  to,  by  individuals,  with  a  refignation,  that 
evinced  the  moft  exemplary  love  of  order,  and  refped  for  the 
conftituted  authorities  of  the  nation,  the  wifdom  and  temperate 
firmncfs  difplayed  by  the  Commonwealth,  in  their  Legiflature, 
their  perfevering  attachment  to  the  union,  their  cor  red  eftimate 
of  their  own  rights,  and  their  prudent  and  conftitutional  mea* 
fures  for  relief,  muft  always  redound  to  its  higheft  honour. 

The  hiftory  of  the  United  States  and  of  this  State  has  ever 
fhewn  MalTachufetts  fubmitting  with  cheerfulnei's  to  the  moft 
important  facrifices,  for  fupporting  the  common  caufe  and  gen- 
eral interefts  of  the  union,  and  this  without  the  fmalleft  difpo- 
fition to  didate  to  the  other  members  of  the  confederacy.  Un- 
der the  diftrefiing  circumftances  of  the  laft  year  the  Legiflature 
did  what  duty  rendered  indifpenfable,  and  it  furely  did  no  more. 

To  prevent  an  adoption,  in  future,  of  meafures  fo  fatal  to  the 
occupations,  induftry  and  fubfiftence  of  the  people  of  this  State, 
cannot  fail  to  be  a  fubjed  of  momentous  concern,  to  a  Legiflature, 
entrufted  with  guarding  the  rights  of  the  citizens,  and  the  in- 
dependence of  the  Commonwealth. 

It  may  be  thought  advifable  to  attempt  this,  by  a  declaration, 
to  be  propofed  as  an  amendment  to  the  conftitution  of  the 
United  States,   providing,  that  its  powers  fliall  never  be  fo  con- 


GOVERNOUR's  SPEECH.  313 

ftrued,  as  to  authorize  Congrefs,  iH  any  cafe  to  ena£l  a  gen- 
eral prohibition,  or  reilriction  of  maritime  commerce,  to  operate  > 
for  a  longer  time  than  the  feffion  in  which  it  may  be  enadted, 
and  to  a  certain,  early  day  of  the  next  fucceeding  feffion.  Wheth- 
er a  purpofc  fo  defirable  can  be  eiFe£led  by  this,  or  any  other 
mode,  muft  reft  with  the  wifdom  of  the  Legillature  to  decide. 
Although  fome  difference  of  opinion  may  exift  as  to  the  means, 
I  cannot  perfuade  myfelf  there  will  be  any,  as  to  the  importance 
of  fecuring  us  againft  a  return  of  the  like  dillrefs,  which,  in 
times  lefs  aufpicious  to  peace  and  good  order,  might  produce 
convulfions,  difaftrous  to  the  harmony,  if  not  to  the  union  of 
the  States,  to  preferve  which,  according  to  its  original  intent, 
cannot  ceafe  to  he  the  firft  objefb  of  every  friend  to  the  Indepen- 
dence and  profperity  of  the  country. 

gentlemen;  , 

The  obfervations  which  have  been  fubmltted  principally 
relate  to  our  mutual  duties,  as  they  arife  under  the  conftitution 
of  the  State,  and  are  fanclioned  by  the  ufage  of  former  times, 
and  the  relation  that  our  conftituents  have  been  pleafed  to  create 
between  us. 

The  reflections  which  I  have  prefumed  to  offer,  en  the  effedl: 
of  a  blind  attachment  to  party,  you  will,  I  trud,  think  not  alto- 
gether unfuitable  to  the  occafion,  the  time,  nor  the  circumftan- 
ces  under  which  we  are  convened.  They  are  dictated  by  a 
pure  and  difmterefled  zeal  for  the  happinefs  of  the  whole  people, 
and  are  drawn  from  me,  by  a  thorough  conviction,  that  unlefs 
we  can  prevail  on  ourfelves  to  foften  our  afperities,  to  yield  a 
portion  of  our  prejudices  to  the  common  good,  we  put  at  immi- 
nent hazard  the  morals  and  the  profperity  of  the  citizens,  the 
fafety  and  freedom  of  the  Commonwealth. 

Entertaining  no  doubt,  that  vv'ifdom  and  candour  will  prefide 
overall  your  deliberations,  and  that  they  will  be  guided  by  a 
fingle  regard  to  the  heft  interefts  of  the  country,  permit  me  to. 
aflure  you  that  thefe  fiiall  not  languidi  for  want  of  a  cordial 
co-operation  on  the  part  of  the  Executive,  nor  ihall  they  fuffer  io 
R  r 


514  GOVERNOUR's  SPEECH. 

far  as  depends  on  me,  from  that  temper  which  I  have  attempt- 
ed to  defcribe,  and  which,  I  am  fure,  is  at  war  with  the  facred 
rights  and  eifential  happinefs  of  the  people. 


ANSWER  OF  THE  SENATE. 


MAY  IT  PLEASE    YOUR  EXCELLENCY, 

X  HE  Senate  offer  you  their  fincere  congratulations 
upon  your  elevation  to  the  office  of  Chief  Magiflrate  of  this  Com- 
monweahh.  The  fuifrages  of  our  free  and  enhghteiied  citizens 
have  called  you  to  this  important  ftation.  Pad  experience  of 
your  unfhaken  patriotifm  and  preeminent  talents  is  a  fure 
pledge,  that  the  rights,  the  intereft  and  happinefs  of  the  people 
will  be  fecured  and  advanced  by  all  the  means  which  the 
conftitution  and  the  laws  have  placed  within  your  power. 

We  rejoice  that  the  choice  has  fallen  upon  one  of  our  native 
citizens,  who  has  made  the  principles  of  civil  liberty  the  ftudy 
of  his  life,  and  who,  in  the  various  and  important  ftations  to 
which  he  has  been  called,  has  evinced  an  attachment  to  his 
native  land,  ability  and  zeal  in  defence  of  its  rights,  and  refped: 
and  reverence  for  thofe  civil  and  religious  inltitutions  on  the 
fupport  of  which  our  fecurity  and  happinefs  fo  eflentially  depend  ; 
— and  which  fo  remarkably  diftinguilh  this  people  from  every 
other  nation.  While  we  acknowledge,  with  lively  gratitude  to 
to  our  Almighty  Benefactor,  the  great  and  undeferved  bleffings 
we  enjoy,  may  we  duly  feel  the  great  refponfibility  impofed 
upon  us  of  uniting  our  exertions  with  thofe  of  your  Excellency, 
in  preferving  and  tranfmitting  unimpaired  to  our  pofterity  the 
fair  inheritance,  which  has  defcended  to  us  from  our  pious  and 
venerable  anceftors. 

We  unite  with  your  Excellency,  and  with  all  the  friends  to 
the  profperity  of  our  common  country,  in  cordial  congratulations 
upon  the  profpecl  of  ihe  revival  of  commerce.  The  prompt  ac- 
ceptance by  the  Federal  Adminiftrationof  the  conciliatory  over- 
tures of  Great  Britain,  which  opened  the  door  for  the  removal 
of  thofe  grievous  embarraffments  by  which  the  induflry  and  en- 
terprize  of  our  citizens  have  fo  long  been  paralyzed,  meet  the 
approbation  and  will  infure  the  fupport  of  this  Commonwealth. 


3i6  ANSWER  OF  THE  SENATE. 

We  truft.  that  a  continuance  of  the  fame  amicable  fpirit,  in  the 
rulers  of  each  nation,  will  reconcile  all  the  jarring  and  confliding 
claims  which  have  heretofore  interrupted  the  harmony  and  prof- 
perity  of  both. 

The  citizens  of  Maflachufetts,  from  the  firft  fettlement  of 
the  country,  have  been  fignalized  for  their  love  of  order,  their 
ready  fubmifllon  to  all  the  wholefome  reflraints  of  good  gov- 
ernment, and  alfo  for  their  firm  and  fteady  oppofition  to  all 
encroachments  upon  their  conltitutional  rights.  By  their  pa- 
tient fubmlffion  to  the  unexampled  privations  and  reflridions 
under  which  they  have  fuffered  for  months  paft,  they  have  fully 
evinced  their  firm  and  unfhaken  attachment  to  the  Union  j  by 
their  refpedful  petitions  and  fpirited  remonftrances,  they  have 
diiplayed  a  knowledge  of  their  rights,  and  a  refolution  to  vindi- 
cate them  at  every  hazard. 

It  affords  the  Senate  much  pleafure,  that  in  the  review 
of  the  proceedings  of  laft  year,  relative  to  our  national  con- 
cerns, your  Excellency  can  fay — "  The  Legiflature  did  what 
duty  rendered  indifpenfable,  and  it  furely  did  no  more.**  To 
guard  againft  the  recurrence  of  meafures  fo  hollile  to  the 
habits  and  fatal  to  the  profperity  of  the  people  of  this  State, 
is  an  .  objedl  of  m(  mentous  concern.  We  fhall  feel  it  our  duty 
to  take  into  our  deliberate  confideration  the  fuggeftions  of  your 
Excellency  upon  this  fubjed,  and  to  invite  the  other  ftates  to 
concur  with  us  in  the  adoption  cf  meafures  to  prevent  the  re- 
turn of  like  calamities. 

We  highly  difapprove  the  principles  fo  juflly  difcarded  by 
your  Excellency,.  *'  that  attachment  to  any  political  fed  or  party 
ought  to  be  the  only  criterion,  by  which  to  tell  the  qualifica- 
tions of  men  for  office'* ;  and  that  the  emoluments  of  office  are  to 
be  held  out  as  rewards  to  thofe  w ho  will  exert  themfelves  lor  the 
promotion  of  any  man  to  power.  Government  is  inflituted 
for  the  common  good.  In  an  eletSlive  one  the  people  have  a 
right  to  the  fervices  cf  their  bed  men.  Talents,  virtue,  patriot- 
ifm,  and  attachment  to  the  principles  of  our  republican  confti- 
tutions,  are  the  only  requifites  neceffary  to  infure  its  faithful 
adminidration.  When  men  poifeffing  thefe  qualifications,  what- 
ever may  be  their  political  opinion,  are  eleded  to  the  firft   phi- 


ANSWER    OF  THE  SENATE.  317 

ces  in  the  government,  and  none  but  fuch  are  appointed  to  fill 
the  various  fubordinate  offices,  ihe  rights  of  the  people  will  be 
fecure,  their  profperity  and  happinefs  will  be  promoted.  Such 
men  will  adminifter  the  government,  not  ior  a  party,  but  for 
the  whole  community. 

We  agree  with  your  Excellency  in  deploring  the  violence 
and  animofity  of  party  fpirit,  which  pervades  the  ftate  and 
feems  to  threaten  deftrudion  to  our  tree  conflitution.  We 
fhould  be  happy  to  lend  our  aid,  and  unite  cur  efforts  with  all 
good  men,  in  endeavouring  to  afluage  its  bitternefs  and  allay 
its  heat.  And  may  the  Almighty  Ruier  of  the  Univerfe  endue 
us  and  all  the  citizens  of  this  Commonwealth  "  with  a  temper 
of  conciliation,  of  mutual  forbearance,  of  candour,  and  refpecl 
for  each  other,  and  enable  us  to  furrender  every  interefl  and 
every  defire  tothe  preeminent  claims  of  country." 

The  Senate  reciprocate  with  perfedcordiahty  the  fentiraents 
advanced  by  your  Excellency  relating  to  the  religious  inftitu- 
tions  of  our  country,  and  the  importance  of  difFufmg  religious 
inftrudion  among  the  people.  No  free  government  can  long 
fubfift  without  the  general  prevalence  of  virtue.  This  is  found- 
ed in  a  knowledge  of  our  duties  to  our  Creator,  to  our  felldw 
men  and  to  ourfelves.  To  extend  this  knowledge,  publick  in- 
flrudion  is  necefiary.  Wifely  therefore,  did  the  framers  of 
our  conflitution,  in  conformity  with  the  uniform  ufage  of  our 
pious  anceftors,  render  it  the  duty  of  the  Legifi^ature  to  require 
the  citizens,  in  their  feveral  corporate  capacities,  to  make  fuitable 
provifion  for  the  inflitution  of  the  publick  worfhip  of  God,  and. 
for  the  fupport  and  maintenance  of  publick  proteftant  teachers 
of  piety,  religion  and  morality. 

The  interefts  of  Literature  and  the  Sciences  in  our  univerfi- 
ties,  and  the  general  diffufion  of  knowledge  through  our  acad- 
emies and  fchools,  are  entitled  to  and  fball  receive  a  continuance 
of  that  countenance  and  fupport  which  have  been  beflowed  by 
former  Legiflatures. 

The  promotion  and  improvement  of  agriculture,  the  encour- 
agement and  extenfion  of  manufaOures,  and  the  protedion  and 
fecurity  of  commerce,  are  objeds  highly  interefting  to  the  peo- 
ple of  this  Commonwealth.     So  far  as  their  refpective  interefts 


3i8  ANSWER  OF  THE  SENATE. 

are  confided  to  the  State  Legiflature,  they  deferve  all  the  patron- 
age and*  aid  which  the  wifdom  of  the  government  and  the  funds 
of  the  State  can  afford. 

We  are  very  fenfible  that  among  a  people  fo  highly  commer- 
cial, many  of  our  worthy  citizens  may  be  brought  to  circumftan- 
ces  of  embarraffment  and  diflrefs  by  misfortunes  not  within 
their  power  to  forefee  or  avoid.  Some  mode  of  relief  to  this 
defcription  of  our  fellow  men  has  been  found  neceffary  in  mod 
other  governments ;  and  could  any  plan  be  devifed  by  which 
this  objeft  can  be  attained,  confiftently  with  the  principles  of 
the  conftitution  and  the  general  welfare,  it  fhall  readily  be 
adopted. 

The  Senate  feel  the  importance  of  a  wife  and  impartial  ad- 
miniftration  of  juftice,  and  the  necefiity  and  propriety  of  provid- 
ing, by  (landing  laws,  honourable  falaries  for  the  Judges  of 
the  Supreme  Judicial  Court.  The  multiplied  duties  of  their 
office  require  their  whole  time  and  fervices.  If  at  any  time  it 
fliould  appear  that  the  falaries  are  inadequate  to  fecure  the  talents 
of  our  ablell  and  bed  men,  we  truft  the  Legiflature  will  not 
be  reluctant  to  increafe  them. 

The  Militia  conllitute  the  defence  of  our  country.  To  them 
we  look  for  fafety  and  protection  when  threatened  with  danger. 
In  times  of  peace  and  tranquillity,  therefore,  it  becomes  our 
duty,  by  allfuitable  regulations  and  encouragements,  to  eftablifh 
their  complete  organization  and  difcipline. 

The  dilapidations  upon  the  Treafury,  by  the  predeceflbr  of 
our  prefent  Treafurer,  fugged  the  neceflity  of  fome  further 
checks  and  redraints  upon  the  officer  who  is  at  the  head  of 
that  important  department,  and  we  feel  it  our  duty  to  endeavour 
to  find  a  remedy  againd  the  recurrence  of  the  inconveniences 
and  embarralfments  which  the  State  has  experienced  in  confe- 
quence  of  his  peculations. 

The  Senate  rely  with  confidence  on  the  cordial  and  zealous 
co-operation  of  your  Excellency,  in  all  meafures  calculated  to 
promote  the  general  peace,  harmony  and  profperity  ; — and  we 
affure  your  Excellency  that,  with  a  fingle  eye  to  thofe  objedts, 
we  will  endeavour  to  difcharge  the  duties  affigned  us  by  the 
conditution. 


ANSWER 
OF  THE  HOUSE  OF  REPRESENTATIVES, 


MAY  IT  PLEASE  YOUR  EXCELLENCY, 

,  XxT  the  commencement  of  the  political  year,  per- 

mit us,  the  Reprefentatives  of  the  people,  to  exprefs  our  fincere 
pleafure,  that  we  meet  your  Excellency  as  the  Chief  Magiftrate 
of  this  Commonwealth,  and  commence  our  political  labours 
with  the  afliftance  of  your  councils.  The  deep  intereft  which 
we  feel  in  our  civil  and  religious  inftitutions  affords  the  meafure 
of  our  fatisfaQion,  that  the  Executive  department  of  govern-* 
ment  is  confided  to  a  citizen,  educated  at  a  time  when  the  difcuf- 
fions  of  our  fages,  the  ftruggles  of  our  heroes,  and  the  fpirit  of 
the  people,  combined  to  infpire  him  with  the  warraeft  attach^ 
ment  to  the  principles  of  civil  liberty  as  fecured  by  our  excel- 
lent conftitution.  We  are  happy  to  learn  that  your  Excel- 
lency, while  abroad  in  the  fervices  of  your  country,  by  a  compar- 
rifon  of  our  condition  with  that  of  the  moft  highly  favoured  na- 
tions of  Europe,  has  perceived  new  reafons  to  appreciate  the 
peculiar  bleffmgs  of  our  enviable  fituation.  The  Houfe  of  Rep- 
refentatives join  with  your  Excellency  in  fentiments  of  profound 
gratitude  to  the  Almighty  Ruler  of  the  Univerfe,  for  the  valu- 
able inheritance  derived  through  his  providence,  from  the  toils 
and  facrifices  of  our  pious  anceftors.  We  feel  new  confidence 
in  the  hope  of  tranfmitting  it  unimpaired  to  proflerity,  when  our 
citizens,  by  their  free  fuffrages,  commit  the  adminiftration  of 
their  government  to  thofe,  whofe  claims  to  their  confidence  is 
founded  on  their  obfervance  of  found  principles,  the  wifdom  of 
their  political  councils,  and  the  utility  of  their  publick  fervices. 

The  general  principles  of  government,  and  the  maxims  of  ad- 
minftration  which  your  Excellency  has  adopted  as  the  rule  of 
your  publick  condud',  meet  our  cordial  approbation.     In  their 


320  ANSWER  OF  THE  HOUSE. 

efFeds  we  anticipate  that  fecial  happinefs,  which  can  refult  only 
from  the  exercife  of  candour  and  magnanimity. 

"We  feel  fmcere  pleafure  in  the  afTurance  of  the  obfervance, 
on  the  part  of  your  Excellency,  of  thofe  great  fundamental  princi- 
ples of  our  conltitution  and  of  all  republican  governments,  which 
ought  never  to  have  been  denied  in  argument  nor  violated  in 
practice.  We  rejoice  in  a  recurrence  to  the  firft  principles  of  the 
focial  compad  ;  that  all  power  refides  in  the  whole  people  ;  the 
government  is  inftiluted  for  their  "  prote£tion,fafety,  profperi- 
ty  and  happinefs,*'  and  "  not  for  the  profit,  honour,  or  private  in- 
terefl:  of  any  one  man,  family,  or  clafs  of  men;"  in  fhort,  that 
offices  of  honour  or  emolument  are  not  intended  to  ftrengthen 
the  hands  of  party,  but  to  promote  the  publick  good.  They 
ought  not  to  be  beftovved  as  bribes  to  induce  or  reward  politi- 
cal fidelity  or  apollacy,  but  to  place  the  publick  intereft  in  the 
charge  of  men,  whofe  principles  and  feelings  fecure  their  inter- 
eft in  its  fupport.  At  the  fame  time,  it  is  equally  evident,  that 
thofe  who  want  integrity,  or  the  talents  and  information  requi- 
iite  for  the  difcharge  of  the  duties  of  their  offices  ;  that  fuch 
as  are  difqualified  by  an  abiife  of  power,  a  negle£t  of  duty,  or  a 
proftitution  of  their  offices  to  the  purpofes  of  party  ;  all  fuch, 
in  fa£l,  as  may  condudl  themfelves  in  a  manner  "  that  is  injuria 
ous  to  the  reputation  of  government,  and  to  the  interefts  of  the 
people,'*  ought  to  be  removed,  without  apprehenfion  that  cal- 
umny may  impute  fuch  removals  to  improper  motives.  From 
an  adherence  to  the  maxims  and  principles  exprefled  in  your 
Excellency's  communication  to  the  Lcgiilature,  we  entertain  no 
doubt  that  your  Excellency  will  enjoy  the  confidence  of  the  peo- 
ple in  your  adminiftration,  and  the  hearty  fupport  of  the  wife  and 
good  of  all  parties.  Under  their  conciliatory  influence,  we  pre- 
did  that  the  violence  of  party  fpirit  will  be  afluaged,  and  that 
we  fliall  reft  fecure  from  the  evils  and  dangers  which  naturally 
refult  from  an  unprincipled  political  profcription. 

The  early  provifion  for  the  publick  worfliip  of  God,  and  for 
th^  fupport  of  the  gofpel  miniftry,  are  among  the  raoft  ftriking 
.proofs  of  the  wifdom  as  well  as  of  the  piety  of  our  anceftors. 
Thefe  inftitutions  have  not  only  contributed  eil'entially  to  indi- 
A'idual  happinefs,  but  have  had  the  moft  benelicial  effects   upon 


ANSWER  OF  THE  HOUSE.  32  r 

the  habits,  the  manners,  and  the  character  of  the  people  of 
-New  England.  That  the  happinefs  of  a  people,  and  the  good 
order  and  prefervation  of  civil  government  depend  upon  piety, 
religion,  and  morality,  and  cannot  be  generally  diffufed  through 
a  community,  but  by  the  fupport  of  learned  and  pious  teachers, 
are  truths,  which  every  day's  experience  confirms.  But  the  con- 
ftitution,  in  providing  for  the  maintenance  of  the  chriftian  reli- 
gion, has  happily  prefcribed  no  particular  creed  or  mode  of 
worftiip.  Hence  christians  of  every  denomination  are  equally 
entitled  to  all  the  advantages  to  be  derived  from  government, 
and  can  in  no  inflance  be  fubjecled  to  pains  or  penalties  for  non- 
conformity. There  can  be  no  doubt  that  every  wife  Legiflature 
will  mod  feduloully  promote  the  interefls  of  morality  and  reli- 
gion from  a  reference  to  this  as  well  as  to  a  future  life. 

The  framers  of  the  conftitution,  in  making  it"  the  duty  of 
the  Legiflature,  in  all  future  periods,  to  cherifh  the  interefts  of 
literature  and  the  fciences,"  had  in  view  the  prefervation  of  the 
dghts  and  liberties  of  the  people.  The  difFufion  of  knowledge 
has  been  an  objedl:  dear  to  the  Legiflature  from  the  earliefl:  peri- 
od of  our  government.  The  encouragement  of  colleges,  a- 
tademies  and  fchools  has  produced  the  molt  important  bleflings  to 
our  country.  To  this  fource  preeminently  is  to  be  traced  the  en- 
lightened and  refined  ilate  of  fociety  ;  and  to  this  caufe  princi- 
pally is  to  be  imputed  the  enjoyment  of  our  government,  and 
all  our  civil  privileges.  The  true  glory  of  ftates,  as  well  as  of 
individuals,  has  been  derived,  in  a  great  degree,  from  the  pat- 
ronage of  the  arts  and  fciences.  A  Legiflature,  then,  which  can 
be  inattentive  to  their  encouragement,  muft  be  equally  infenfi- 
ble  to  the  glory,  and  indifferent  to  the  interefl:  of  their  .country. 

Agriculture  has'  been  ranked  among  the  moit  ufeful  and 
honourable  employments,  by  every  civilized  nation.  The  en- 
couragement which  has  been  afforded  to  this  branch  of  induftry 
by  the  eftablifliment  and  exertions  of  different  focielies,  has  been 
highly  honourable  to  thefe  focieties,  and  ufeful  to  the  Common- 
wealth. Any  meafares  within  the  power  of  the  Legiflature  to 
adopt,  which  may  tend  to  the  improvement  of  our  agriculture, 
ftall  receive  the  attentive  confideration  of  the  Houfe  of  Reprefen- 
tatives. 

S  s 


322  ANSWER  OF  THE  HOUSE. 

Your  Excellency's  obfervatlon,  that "  manufaclares  and  com- 
merce promote  agriculture,  as  they  offer  the  mofl  liberal  re- 
wards for  all  its  produdions,"  has  been  flrikingly  verified,  as 
£ar  as  it  refpecls  commerce,  during  the  late  fufpenfion  of  foreigR 
intercourfe.  If,  amidfl  all  the  confequences,  which  have  refulted 
from  the  la^e  Embargo  fyftem,  any  thing  of  publick  utility  can 
be  perceived,  it  is  that  the  people  of  the  United  States  have  dif- 
covered  the  intimate  and  necelTary  connection  between  agricul- 
ture and  commerce  ;  that  the  profperity  or  the  decline  of  the 
one  neceffarily  involves  that  of  the  other.  In  a  country  where 
land  is  procured  at  a  moderate  price,  and  where  labour  does 
not  exceed  the  commands  of  cultivation,  it  is  hardly  to  be  ex- 
peded  that  we  fliould  foon  become  an  extenfively  manufactur- 
ing people.  Yet  there  are  certain  manufactures  of  the  firfl  necef- 
fity,  and  others  of  great  utility,  which  deferve  the  encourage- 
ment of  the  Legiflature. 

The  misfortunes  of  individuals  neceffarily  Incident  to  an  exten- 
ded and  enterprizing  commerce,  to  which  your  Excellency  al- 
ludes, whilfl:  they  excite  our  commiferation,  call  for  the  ferious 
attention  of  the  Legiflature.  Whether  any  relief  can  be  afforded 
by  the  government  of  this  Commonwealth,  to  fuch  of  our  own  cit- 
izens as  have  fufFered  thefe  misfortunes,  will  be  a  fubject  of  anx- 
ious and  diligent  inquiry. 

The  Houfe  of  Reprefentatives  is  deeply  impreffed  with  the  im- 
portance of  fupporting  an  able  and  independent  Judiciary  by 
honourable  and  permanent  falaries.  No  fubject  can  be  of  more 
extenfive  concern.*  This  branch  of  our  government  was  intended 
to  be  the  ftrong  hold  of  the  people  againfl  the  encroachment  of 
power,  the  intrigues  of  fadtion,  and  the  influence  of  corruption. 
Whilfl:  juflice  fhall  be  adminiftered  by  men  of  the  firft:  talents, 
information  and  integrity,  the  conftitution  has  an  anchor  which 
may  fave  it  in  the  fevejefl  ftorms ;  the  people  have  a  fhield 
which  may  proted  them  in  the  worfl  of  times.  "  The  bufmefs 
of  this  Court,'*  as  your  Excellency  obferves,  "  is  fo  extenfive, 
various  and  important,  that  it  can  be  properly  performed,  and 
with  fuflicient  defpatch,  by  none  but  the  ablefl:  men.'*  True  econ- 
omy, as  well  as  common  juflice,  therefore,  demands  that  the  fal- 
-aries  of  the  Judges  of  this  court  fhouldbe  fuch,  as  not  to  leave 


ANSWER  OP  THE  HOUSE.  -,2 


o*j 


to  men  of  this  defcription,  the  alternative  either  to  refign  their 
places,  or  facrifice  their  property  in  the  publick  fervicc. 

The  Militia  of  this  Commonwealth  has  at  all  times  been  con- 
fidered  a  fubjed:  deferving  the  attentive  confideration  of  the 
Legiflature.  It  is  the  natural  and  principal  defence  of  the  coun- 
try. The  Militia  laws,  however,  have  many  defedls,  which  we 
truft  may  be  remedied  by  their  careful  revifion.  The  fubjeft  is 
before  the  Legiflature.  Whatever  can  be  fuggefted  to  improve 
the  fyfl:em,  or  to  encourage  the  Miiitia,  fhall  receive  the  ready 
fupport  of  the  Houfe  of  Reprefentatives. 

Thefecurity  of  the  Treafury  from  fraud  and  negligence  is 
an  objed  fo  important,  that  it  will  dill  command  our  attentive 
confideration.  If  any  meafures  can  be  devifed,  in  addition  to 
thofe  of  the  laft  year,  to  fecure  the  publick  money,  they  will 
certainly  be  adopted. 

We  mod  cordially  reciprocate  the  congratulation  of  your 
Excellency  at  the  profpeft  of  reviving  Commerce,  and  the  re- 
newal of  all  its  attendant  bleffings.  The  prefent  adminiflration  of 
the  general  Government  has  had  the  wifdom  to  difcern,  and  the 
patriotifm  to  commence  a  courfe  of  policy  refpeding  our  com- 
m.erce  and  foreign  relations,  which  is  calculated  to  promote  the 
profperity,  and  to  fecure  the  peace  and  the  independence  of  our 
country.  So  long  as  any  adminiflration 'fliall  purfue  a  fyftem 
of  meafures  directed  to  thefe  great  ends,  it  will  command  the 
gratitude  and  receive  the  approbation  of  the  citizens  of  MalTa- 
chufetts. 

The  patience  and  firmnefs  difcovered  by  the  people  of  this 
Commonwealth,  during  the  long  continuance  of  a  feries  of  de- 
flruftive  meafures  unprecedented  in  the  annals  of  a  free  country, 
mud  ever  be  a  caufe  of  gratulation,  and  refled  the  higheft  honour 
upon  thofe,  who  fudained  thefe  fevere  didreffes  rather  than  re- 
fort  to  violence,  and  hazard  the  peace,  or  the  union  of  the  States. 
We  have  abundant  reafon  to  be  grateful  to  an  over-ruling  Prov- 
idence which  averted  that  ruin,  which  threatened  to  involve  the 
country. 

In  reviewing  the  proceedings  of  the  Legiflature  of  the  lad  year, 
we  are  happy  to  find  that  they  exhibited  the  moderation  and 
firmnefs  of  enlightened  freemen.     They  contributed  without 


324  answI:r  of  the  house. 

doubt,  to  produce  the  change  of  meafures  which  has  fince  fo 
happily  fucceeded.  But  although  this  favourable  change  in 
our  publick  affairs  has  taken  place,  it  becomes  a  wife  and  pru- 
dent people  to  devife  and  adopt  meafures  to  prevent  the  re- 
currence of  fimilar  evils.  With  this  view,  we  conceive  that  an 
amendment  of  the  conftitution,  which  fliall  no  longer  leave  it 
queflionable  whether  Congrefs  can  conltitutionally  enact  a  per- 
petual Embargo  law,  is  an  obje£t  of  the  firft  importance.  We 
therefore  entertain  a  confident  hope,  that  all  parties  will  unite  in 
fo  explaining  the  conftitution,  that  the  power  to  regulate  com- 
merce will  never  again  be  conftrued  to  imply  a  power  to  au- 
thorize a  permanent  law  for  its  fufpenfion. 

MAT  IT  PLEASE  YOUR  EXCELLENCr, 

The  Houfe  of  Reprefentatives  pledge  themfelves  to  co-operate 
with  your  Excellency  in  the  adoption  of  fuch  meafures  as  fliall 
feem  beft  calculated  to  promote  the  interefts  of  the  people,  and 
they  confidently  hope  that  our  joint  efforts  during  the  prefent 
year  may  contribute  to  the  harmony,  good  order,  profperity  and 
happinefs  of  our  conftituents. 


RESOLVES. 


I. 

Refohe  on  the  petition  of  Nathan  Adams ^  of  Charkjlown. 
June  7, 1809. 

On  the  petition  of  Nathan  Adams,  of  Charleftown,  in  the 
county  of  Middlefex,  adminiftrator  on  the  eftate  of  Jofeph 
Carnes,  late  of  Cambridge,  in  faid  county,  Ropemaker,  pray- 
ing that  his  affidavit  of  his  proceeding,  relating  to  the  fale  of 
faid  Carnes's  real  eftate,  made  in  the  Court  of  Probate  on  the 
twelfth  day  of  May  now  laft  pad,  and  recorded,  together  with 
a  copy  of  one  of  the  original  advertifements  in  the  regiftry  of 
Probate  in  faid  county,  may  be  valid  in  law,  although  not  done 
within  feven  months  after  the  day  of  fale,  as  by  law  provided 
fhould  have  been  done  : — 

Refolved^  That  the  prayer  of  the  petition  be  granted  and 
that  the  regiftry  of  the  affidavit  and  copy  of  the  original  adver- 
tifemen'  fhall  be  valid  and  have  the  fame  force  and  effi^dt  in 
law,  as  if  the  fame  had  been  done  within  feven  months  after 
the  day  of  fale  of  faid  Carnes's  real  eftate  5  any  law,  ufage  or 
cuftom  to  the  contrary  notwithftanding. 

II. 

Refohe  determining  the  pay  of  the  Council  and  General  Court, 

fune  7,  1809. 

Refohed,  That  there  be  allowed  and  paid  out  of  the  publick 
Treafury,  to  each  member  of  the  Council,  Senate,  and  Houfe 
of  Reprefentatives,  two  dollars  per  day,  for  each  day's  atten- 
dance, the  prefent  feffion,  and  the  like  fum  for  every  ten 
miles  travel,  from  their  refpeftive  places  of  abode  to  the  place 
of  the  fitting  of  the  General  Court. 

And  it  is  further  refolved^  That  there  be  paid  to  the  Prefi- 
dent  of  the  Senate  and  Speaker  of  the  Houfe  of  Reprefentatives, 
each,  two  dollars  per  day,  for  each  and  every  day's  attendance, 
over  and  above  their  pay  as  msmbers. 


326  RESOLVES,  June  8,  1809. 

III. 

Refolvefor  rekqfing  Ephrahn  Norris  from  a  recognizance. 
June    85  1809. 

On  the  petition  of  Ephraim  Norris,  praying  to  be  relieved 
from  a  recognizance  by  him  eAtered  into  for  the  appearance 
of  one  Lemuel  C.  Allen  : — 

Refolved,  For  the  reafons  fet  forth  in  faid  petition,  that 
upon  the  petitioner's  paying  all  cofls  which  have  accrued,  or 
may  accrue,  on  any  fuit  commenced  on  faid  recognizance,  or 
on  any  judgment  which  may  be  recovered,  or  on  any  execu- 
tion which  may  be  iflued  thereon,  that  the  faid  Norris  be, 
and  he  hereby  is  difcharged  therefrom. 

IV. 

Refohe  empowering  William  B.  Bradford  to  execute  a  deed  of  his 
llhrd's  land  in  Mifiot,     June  8,    1809. 

On  the  petition  of  William  B.  Bradford,  of  Bollon,  in  the 
county  of  Suffolk,  and  Commonwealth  of  MalTachufetts,  Tai- 
lor, as  he  is  guardian  of  Jofeph  Nafli  Bradford,  of  Boflon 
aforefaid,  merchant,  non  compos  mentis  : — 

Refohed,  That  the  faid  William  B.  Bradford,  be,and  he  here- 
by is  authorized  and  empowered  to  make,  execute  and  acknow- 
ledge, in  his  capacity  aforefaid, fufficient  deed  or  deeds  toNathan 
Woodbury,  of  Minot,  in  the  county  of  Cumberland,  Yeoman, 
of  and  in  the  following  piece  or  parcel  of  land,  "  lying  and 
being  in  faid  Minot,  being  the  fame  land  and  premifes  the 
faid  Woodbury  purchafed  of  Daniel  Cufh,  and  being  the 
whole  of  the  lot,  except  the  piece  Benjamin  Lane  fold  to  John 
Woodman,  and  alfo  the  potafh  near  the  faid  premifes.  Hand- 
ing on  land  owned  by  Jofiah  Little,  faid  lot  being  number 
feventy  three  in  the  firft  divifion  of  lots  in  faid  Minot  ;  and  all 
the  buildings  ftanding  on  the  premifes  aforefaid,  and  being  the 
fame  premifes  lately  occupied  by  Daniel  Cufh,  and  which 
faid  Woodbury  purchafed  of  him  ;"  of  all  the  right,  title,  and 
eftate  which  the  faid  Jofeph  Nafh  Bradford  had  in  and  to  the 
fame  by  virtue  of  the  faid  Nathan  Woodbury's  deed  to  him, 
bearing  date  the  twenty  fourth  day  of  July,  in  the  year  of  our 
Lord  one  thoufand  eight  hundred  and  fix,  fo  as  that  all  the  title 


RESOLVES,  June  9,  1809.  327 

to  the  faid  eftate,  which  Is  now  in  the  faid  Jofeph  Nafii  Brad-' 
ford,  may  be  reconveyed  to  the  faid  Nathan  Woodbury,  as 
fully  to  all  intents,  as  though  he  the  faid  Nathan  Woodbury, 
had  never  conveyed  the  fame,  faving  to  all  other  perfons  any 
rights  in  and  to  the  premifes,  to  which  by  law  they  are  or  may 
be  entitled. 

V. 

Refohe  authorizing  ihe  Firji  Parijh   in  Ha-verhill  to  fell  ParfoU' 
age  land.     June  9,   1809. 

Whereas  the  inhabitants  of  the  Firft;  Parifli  in  the  town  of 
Haverhill  reprefent,  that  the  Parfonage  lands  appropriated  for 
the  ufe  of  the  minifter  and  his  fucceffors  in  faid  Parifli  are 
fituated  on  the  principal  jflreet  in  faid  town,  and  if  a  part  of 
them  were  fold  for  houfelots  and  other  purpofes,  it  would 
accommodate  the  publick,  ornament  the  town  and  enrich  the 
parilh  : — 

Therefore  Refolved^  that  fuch  committee  as  the  parifli  may 
appoint,  with  the  confent  of  the  minifter  or  his  fucceffors,  are 
hereby  authorized  to  fell  and  convey,  in  fee  fimple,  fo  much 
of  the  lands  aforefaid,  as  faid  Parifh,  at  a  legal  meeting  holdea 
for  that  purpofe,  may  from  time  to  time  direct  :  Provided^ 
that  the  whole  proceeds  of  faid  fales  be  kept  forever  as  a  fund, 
the  intereft  or  income  of  which  (hall  be  appropriated,  exclu- 
fively,  for  the  fupport  of  the  minifter  or  his  fucceffors  in  faid 
parifh,  and  be  managed  by  truftees. 

VI. 

Refohe  authorizing  Mafon  Shaw,  Efq.  to  call  a  meeting  of  the 
Proprietors  of  Fort  Point  Ferry,  and  confrming  the  doings  of 
faid  proprietors.     June   9,  1809. 

Whereas  it  appears  that  the  proprietors  of  Fort  Point  Ferry 
failed  to  elect  a  Clerk,  Prefident,  1  reafurer  and  fuch  other  ofR- 
cers  as  might  be  neceffary  to  carry  into  effect  the  object  of 
faid  corporation,  on  theiirft  Monday  of  January,  A.  D.  1808, 
as,  by  the  a6t  and  bye-laws  of  faid  corporation,  fhould  be  done, 
annually,  and  ought  to  have  been  chofen  on  that  day  :  There- 
fore 

Refohed,  That  Mafon  Shav/,  Efq.  be  authorized  to  iffue  his 
warrant  for  the  purpofe  of  calling  a  meeting  of  faid  proprietors. 


3>;j8  RESOLVES,  June  9,  1809. 

for  the  choice  of  officers,  aforefaid,  and  fuch  committees  as 
may  be  neceflary  for  managing  the  concerns  of  faid  propri- 
etors. 

Refohed^  That  the  acts  of  faid  proprietors,  tranfaded  at  meet- 
ings called  and  notified  according  to  their  bye-laws,  fmce  the 
firjfl  Monday  of  January  aforefaid,  be  and  hereby  are  confirmed. 

VII. 

Refulve  authorhing  William  B.  Bradford  to  execute  a  deed  to  Julia 
Ann  Cujhing  and  Mary  Keith  Ciijhing.     June  9,  1809. 

On  the  petition  of  William  B.  Bradford,  of  Boflon,  in  the 
county  of  Suffolk,  and  Commonwealth  of  Maffachufetts,  Tai- 
lor, as  Guardian  to  Jofeph  Nafh  Bradford,  of  faid  Boflon, 
merchant,  non  compos  mentis  : — 

Refolved^  That  the  faid  Wm.  B.  Bradford,  be  and  hereby  is 
authorized  in  his  capacity  of  guardian  to  faid  Jofeph  Nafli  Brad- 
ford, to  make,  execute  and  acknowledge  fufficient  deed  or 
deeds  to  Julia  Ann  Cufhing  and  Mary  Keith  Cufhing,  minors, 
and  children  of  John  Cufhing,  late  of  faid  Boffon,  merchant, 
deceafed,  of  his  the  faid  Jofeph  Nafh  Bradford's  right,  title, 
interell  and  eflate  of,  in,  and  to  a  certain  lot  of  land  fituated 
in  Gray,  in  the  county  of  Cumberland,  and  Commonwealth 
aforefaid,  bounded  as  follows,  viz.  "  Beginning  at  a  flake 
Handing  at  the  foutheaflerly  fide  of  the  road  leading  to  New 
Gloucefler,  about  five  rods  feven  feet  and  a  half  ;  eaflerly  of 
Jofeph  Mc.  Lellan*s  flore  in  faid  Gray,  and  running  northeafl- 
wardly  adjoining  faid  road,  one  hundred  and  fifty  two  rods  ; 
thence  foutheaflwardly  adjoining  a  town  road  twenty-two  and  a 
half  rods  ;  thence  fouthweflwardly  adjoining  David  Jordan's 
land,  fixty  eight  rods  ;  thence  foutheaflwardly  fourteen  rods, ad- 
joining laid  Jordan's  land  ;  thence  fouthweflwardly  adjoining 
iaid  Jordan's  land,  forty  feven  rods  ;  thence  fouthweflwardly 
forty  five  rods  adjoining  the  road  leading  to  North  Yarmouth  j 
thence  northweftwardly  twenty  eight  rods,  adjoining  land 
owned  by  Stephen  Firbufh  ;  thence  fouthweflwardly  adjoin- 
ing land  owned  by  Bucknam  and  Phelps,  about  eleven  and  a 
half  rods,  to  the  firfl  mentioned  bounds  ;  containing  forty  two 
acres,  more  or  lefs,  together  with  a  dwelling  houfe  and  other 
buildings  ftanding  thereon,"  fo  that  the  fame  eflate  fhall  be 
abfolutely  veiled  in  the  faid  Julia  Ann  Cufliing,  and  Mary 
Keith    Cufhing  and  their  heirs,  releafed  from  all   the  right, 


RESOLVES,  June  9,  1809.  329 

title,  claim  and  demand  of  the  faid  Jofeph  Nafh  Bradford  ther  3- 
in,/aving  neverthelcfs^  to  all  other  perfons  any  rights  in  and  to 
the  premifeSj  to  which  they  are  or  miiy  be  by  law  entitled. 

VIII. 

Refoive  on  the  petition  of  Jofeph  Wales,  direB/mg  the  Judge  of  Pro- 
bate, for  Worcejier  County,  to  cite  certain  perfcns,  June 
9,    1809. 

On  the  petition  of  Jofeph  Wales,  of  Lanciifler,  in  the  coun- 
ty of  Worceiler  : — 

Refolved,  for  the  reafons  fet  forth  in  faid  petition,  That 
the  Judge  of  Probate  for  faid  county  be,  and  he  is  hereby 
direded  to  cite  Jacob  Bennet,  Nathan  Smith,  Thomas  Ben- 
net,  Timothy  Smith,  Catherine  Willard,  Samuel  Ward,  Tim- 
othy Paine,  Peter  Greene,  Willard  and  Ward,  Treafurer  of 
Harvard  College,  Ifrael  Atherton,  JofkuaWillard,  Margaret  Al- 
ford,  Afahel  Bulh,  Andrew  Poor,  David Hoiley,Wm.Greenleaf, 
Robt.  M'Kown,  Jonas  Cutler,  Nathl.  Balch,  James  Otis,  VVm. 
Foard,  Jofeph  Lee,  and  Miles  Whitworth,  original  creditors 
to  the  eftate  of  Abijah  Willard,  late  of  faid  Lancafter,  an  Ab- 
fentee,  deceafed,  their  heirs  or  adminiflrators,  by  publifliing 
in  the  Worceiler  Spy,  printed  at  Worcefler,  and  in  the  Colum- 
bian Centinel,  printed  in  Bofton,  a  notification  to  faid  credit- 
prs,  their  heirs  and  affigns,  fetting  forth  the  fubftance  of  faid 
petition  and  of  this  refoive  ;  the  laft  publication  to  be  thirty 
days  before  the  time  by  faid  Judge  appointed  for  the  hearing  ; 
to  apf>ear  and  flievv  caufe  v/hy  the  faid  Jofeph  Wales  flioukt 
not  receive  the  benefit  of  faid  claims  ;  and  in  cafe  it  diai!  ap- 
pear to  the  faid  Judge,  from  the  non-appearance  of  faid  credit- 
ors, their  heirs,  executors,  adminiflrators  or  affigns,  or  from 
a  hearing  of  faid  creditors,  their  heirs,  executors,  adminiftra- 
tors  or  affigns,  that  the  faid  Jofeph  Wales  is  entitled  to  the 
benefit  of  faid  claims,  that  the  faid  Judge  be,  and  he  is  hereby 
dired:ed,  authorized  and  empowered,  to  make  out  his  decree 
accordingly — "md  to  direct  the  ^adminiflrator  of  the  eftate  of  the 
faid  Abijah  VJ'illard,  deceafed,  to  pay  to  the  faid  Jofeph  Wales 
the  monies  to  which  the  faid  creditors,  their  heirs,  executors 
or  adminiflrators  would  be  other  wife  entitled — and  the  faid 
adminiftrator  is  hereby  directed  and  authorized  to  pay  faid 
monies  to  faid  Jofeph  Wales,  whofe  receipt  fhall  be  a  full  dif- 
charge  to  faid  adminiflrator  therefor, 
T  t 


530  RESOLVES,  June  9,   1809. 


IX. 

Rcfohe  authorizing  Sami/cl  Parkman  and  William  B.    Bradford, 
to  execute  a  deed  fo  Nathan  Wondbury,     June  ^^  1809. 

On  the  petition  of  Samuel  Parkman  of  Bofton,  in  the  coun- 
ty of  Suffolk,  and  Commonwealth  of  Maffachufetis,  merchant, 
us  executor  of  the  laft  will  and  teftament  of  John  Cufhing, 
late  of  faid  Boflon,  merchant,  deceafed,  and  ofWilliamB. Brad- 
ford of  faid  Boflon,  Tailor,  as  guardian  to  Jofeph  Nafh  Brad- 
ford, of  faid  Bofton,  merchant,  non  compos  mentis  : — 

■  Rcfol'vcd,  1  hat  the  faid  Samuel  Parkman  and  William 
B.  Bradford  be,  and  they  hereby  are  authorized  and  em- 
powered to  make,  execute,  and  acknowledge,  in  their  re- 
fpeclive  capacities,  aforefaid,  fufficient  deed  or  deeds  to 
Nathan  Woodbury,  of  Minot,  in  the  county  of  Cumber- 
land, yeoman,  formerly  of  Paris,  in  the  faid  county,  trader, 
of  "feven  lots  or  parcels  of  land  fituate, lying  and  being  intown- 
fhip  number  one  in  the  county  of  Cumberland,  on  the  north 
fide  of  Androfcoggin  river,  which  faid  lots  are  number  four  in 
the  eighth  range,  number  fourteen  in  the  fame,  number  feven- 
teen  in  the  fourth  range,  number  three  in  the  fifth  range,  num- 
ber fixteen  in  the  fixth  range,  number  fix  in  the  third  range, 
and  number  eleven  in  the  feventh  rangejames  Taylor  being  the 
original  proprietor,*'  of  all  the  right,  title,  and  eftate  which 
the  faid  Culhing  and  Bradford  had  in  and  to  the  fame  by  vir- 
tue of  the  faid  Nathan  Woodbury's  deed  to  them  bearing  date 
the  feventeenth  day  of  Auguft,  in  the  year  of  our  Lord  one 
thoufand  eight  hundred  and  two,  fo  as  that  all  the  title  to  the 
faid  lots  of  land  which  is  now  in  the  heirs  and  devifees  of  the 
faid  John  Culhing  and  in  the  faid  Jofeph  N.  Bradford  may  be 
reconveved  to  the  faid  Nathan  Woodbury  as  fully  to  all  in- 
tents, as'  though  he  the  faid  Nathan  Woodbury  had  never 
conveyed  the  fame,  faving  to  all  other  perfons  any  rights  in 
and  to  the  premifes  to  which  by  law  they  are  or  may  be  enti- 
tled. 


RESOLVES,  June  12,  1809.  331 

X. 

Refohe granting  the  Hon.  Theodore  Sedgwick  one  hundred  and 
ninety  two  dollars  for  profecutijig  libels  againji  ahfeniees'  ejiates  in 
Berk/Joire,     'June  9,  1809. 

On  the  petition  of  the  Hon.  Theodore  Sedgwick,  Efq.  : 
Refolved,  That  there  be  paid  out  of  the  Treafury  of  the 
Commonwealth  to  the  Hon.  Theodore  Sedgwick,  the  fum  of 
one  hundred  and  ninety  two  dojlars  ia  full  compenfation  for 
his  fervices  for  profecuting  to  final  judgment,  twenty-four 
libels  in  favour  of  this  Commonwealth,  againft  the  eftates  of 
Abfentees  in  the  county  of  Berkfhire,  at  the  Court  of  Com- 
mon Pleas  for  that  county,  in  the  year  of  our  Lord  one  thpu- 
fand  feven  hundred  and  eighty-two. 

XI. 

Refolve  granting  Samuel  Riddle,  of  Charlemont,  fifteen  dollars  for 
procuring    the  apprehenfion  of    one  Aaron  Gould,     fane     10, 
1809. 

On  the  petition  of  Samuel  Riddle,  praying  for  indemnifica- 
tion for  time  and  money  expended  in  detecting  Aaron  Gould 
in  paffing  counterfeit  money  :  — 

Refolved,  I'hat  there  be  allowed  and  paid  out  of  the  publick 
treafury  to  Samuel  Riddle,  the  fum  of  fifteen  dollars,  in  full 
fatisfaciion  for  his  fervices  and  expenditures,  as  fet  forth  in 
his  petition, 

XIL 

Rfol'ue  on  the  petition  of  Sa?nuel  Smithy  authorizing  Executors  of 
Henry  Jackfon,  Efq.  to  convey  onejhare  in  the  Bojlon  Theatre. 
June  J  2,  1809. 

On  the  petition  of  Samuel  Smith,  praying  that  the  execu- 
tors of  Henry  Jackfon  might  be  authorized  to  transfer  and 
convey  to  faid  Smith  one  (hare  in  the  Boilon  Theatre,  in  con- 
formity to  a  memorandum  of  an  agreement  in  writing  made 
by  the  faid  Jackfon,  during  his  life  : — 

Refolved,  That  Elillia  Sigourney  and  Judah  Hays,  executors 
of  the  lalt  will  and  teilament  of  Henry  Jackfon,  be  and  here- 


33-  RKSOLVES,  June  iz,  1809. 

by  are  authorized  and  empowered  to  transfer  and  convey  to  the 
faid  Samuel  Smith,  by  a  good  and  fufficient  deed,  one  fhare 
in  the  Bofton  Theatre,  in  conformity  to  the  faid  agree- 
ment ;  which  faid  deed,  fo  executed,  fliall  be  good  and  val- 
id to  velt  in  the  faid  Smith  the  fhare  aforefaid. 

XIII. 

Refolvc  difcharging  Jbner  Kellogg  a?jd  A?nos  Kellogg  frojn  their 
recognizance,  on  condition,    yune  12,  1809. 

On  the  petition  of  Abner  Kellogg  and  Amos  Kellogg,  pray- 
for  relief  from  their  recognizance  to  the  Commonwealth,  in  the 
fum  of  four  hundred  dollars,  for  the  appearance  of  t  zraKellog 
before  the  Supreme  Judicial  Court,  holden  at  Lenox  in  the 
county  of  Berkfhire,  on  the  firft  Tuefday  of  May  lad  : — 

Refolved,  For  reafons  fet  forth  in  faid  petition,  That,  provid- 
ed tne  faid  Abner  and  Amos  Kellogg  pay  to  the  treafurer 
of  the  county  of  Berkfliire  for  the  ufe  of  the  Commonwealth, 
the  fum  of  two  hundred  dollars,  being  one  half  of  the  amount 
of  their  recognizance,  together  with  all  cofls  and  charges  there- 
on, the  faid  i^bner  and  Amos  be  difcharged  from  the  forfeiture 
of  their  faid  recognizance. 

XIV. 

Rcfo'vc    rendering    Toznn  Meetings  in  Gilcad  valid, 
yiine  12,  1809. 

On  the  petition  of  the  inhabitants  of  the  town  of  Gilead, 
in  the  county  of  Oxford,  Hating  that  their  town  clerk  has  not 
been  fworn  into  office  as  the  law  directs,  and  doubts  have  arifen 
whether  the  doings  of  faid  town  at  their  town  meetings,  are 
legal,  and  praying  that  their  feveral  town  meetings  held  in 
faid  town,  from  the  twenty  fecond  day  of  October,  1804,  to, 
and  including  the  feventh  day  of  March,  1809,  may  be  render- 
ed valid,  the  neglecl  of  the  town  clerk  to  be  fworn  notwith- 
ftanding  : — Therefore 

Refolved,  That  the  feveral  town  meetings  held  in  faid 
town  of  Gilead,  as  aforefaid,  be,  and  they  hereby  are  rendered 
good  and  valid,  as  though  the  town  clerk  had  been  duly 
qualified,  and  all  proceedings  otherwife  legal,  had  at  the  fever- 


RESOLVES,  June  12,   1809.  333 

al  town  meetings  aforefaid,  be  and  they  hereby  are  fully  rati- 
fied and  confirmed,  as  though  the  town  claik  had  been  fworn 
according  to  law. 

XV. 

Refohe  on  the  petition  of  Crocker  Wilder,  granting  him  one  hundred 
andjifty  dollars  and  a  penfion.       'June  ii^i'^o^. 

On  the  petition  of  Crocker  Wilder,  of  Ilingham,  praying 
for  compenfation  for  a  wound  he  received  while  on  military 
duty  on  the  feventh  day  of  October,  1789,  in  faid  Hingham  : 

Refolvedj  That  there  be  allowed  and  paid  out  of  the  treafury 
of  this  Commonwealth,  to  the  faid  Crocker  Wilder,  in  confe- 
quence  of  his  having  lofl  his  left  hand  while  performing  mili- 
tary duty  on  the  faid  feventh  day  of  Odober,  1 789,  the  fum  of 
one  hundred  and  fifty  dollars,  to  reimburfe  to  him  the  feveral 
fums  paid  doctors,  nurfes,  and  other  expenfes,  an  annuity  or 
penfion  of  five  dollars  per  month,  during  his  natural  fife,  or 
till  the  further  order  of  the  Legillature,  to  commence  from  and 
after  the  thirty-firfi:  day  of  May,  in  the  year  of  our  Lord  one 
thoufand  eight  hundred  and  nine. 

XVL 

Refolvs  empowering  Simeon  Fawler  to  ccnvey  to  Cornelius  Brown 
half  an  acre  of  land  in  Orringion.      "June  12,  1809. 

Refolve  on  the  petition  of  Simeon  Fowler  and  Dorcas  Perry 
of  Orrington,  county  of  Hancock,  praying  that  they  maybe  au- 
thorized to  make  and  execute  a  deed  of  conveyance  of  a  cer- 
tain lot  of  land  fituated  in  faid  Orrington,  to  Cornelius  Brown  ; 

Refohed,  for  reafons  fet  forth  in  faid  petition,  Ihat  the 
prayer  thereof  be  fo  far  granted,  that  the  faid  Simeon  Fowler, 
adminiilrator  on  the  eftate  of  Ifaac  Perry,  of  faid  Orrington,  de« 
ceafed,be,and  he  hereby  is  authorized  and  empowered  to  convey 
to  the  faid  Cornelius  Brown,  about  half  an  acre  of  land  in  faid 
Orrington,  and  bounded  in  part  by  a  road  leading  to  faid 
Brown's  Ferry,  and  otherwife  by  land  of  the  faid  Ifaac  Perry, 
— and  to  make  and  execute  a  good  and  fufficient  deed,  topafs 
the  fame  which  lliall  be  valid  in  law  to  all  intents  and  purpofes, 
as  if  the  faid  Ilaac  Perry  had  done  the  fame  in  his  life  time  ; 
the  faid  adminiftrator  firil  giving  bond  with   fufficient   furety 


334  RESOLVES,  June  14,  1809* 

to  the  Judge  of  Probate  for  the  county  of  Hancock,  to  account 
for  the  monies  arifing  from  the  fame. 

xyir. 

Refolve  on  the  petition  of  Ethan  Ely,  granting  to  the  Ha?npjhire 
MiJJjonary  Society  one  hundred  and  fifty  dollars  for  thefupport 
of  Lazau  William.     June  13,  1809. 

On  the  petition  of  Ethan  Ely,  praying  for  the  further  aid 
of  the  Legiflature  in  the  fupport  and  education  of  Lazau  Will- 
iams, an  Indian,  a  defcendant  of  the  late  Rev.  John.  Williams, 
formerly  minider  of  Deerfield  : — 

Refolved,  That  there  be  allowed  and  paid  out  of  the  treafu- 
ry  of  this  Commonwealth,  to  the  trultees  of  the  Hampfhire 
Miffionaiy  Society,  the  fum  of  one  hundred  and  filty  dollars, 
for  the  purpofe  of  fupporting,  clothing,  and  educating  the  a- 
forefaid  Lazau  Williams,  and  for  all  expenfes  relating  thereto, 
fromthefirft  day  of  June,  one  thoufand  eight  hundred  and 
fix,  to  the  firfl  day  of  June  one  thoufand  eight  hundred  and 
nine ;  the  faid  truftees  to  be  accountable  therefor  :  and  his 
Excellency  the  Governour,  by  and  with  the  advice  of  Council, 
is  requefted  to  grant  a  warrant  on  the  treafury  accordingly. 

XVIIL 

Refolve,  authorizing  the  Attorney  and  Solicitor  General  rcfpc cling 
the  votes  given  in  Norridgczuock  for  Governour  and  Lieutenant 
Governour.     fune  14,   1809. 

Whereas  the  return  of  votes  from  the  town  of  Norridge- 
wock,  for  the  ele(^lion  of  Governour  and  Lieutenant  Govern- 
our, for  the  prefent  year,  was  fraudulently  forged  and  altered 
with  an  intention  to  aftect  the  eledion  of  the  aforefaid  officers 
of  Government : — 

Refolved,  That  the  Attorney  General  and  Solicitor  General 
be  and  they  hereby  are  refpedlively  ordered  to  take  all  proper 
meafuresto  detect  and  bring  to  punifhment  the  perpetrator  or 
perpetrators  of  the  alleged  crime  ;  and  that  they  be  and  here- 
by are  authorized  and  empowered  to  offer  a  reward  of  five 
hundred  dollars  to  whomfoever  fhall  inform  againft:  the 
guilty  in  this   offence,    and   obtain   the    neceffary   evidence 


RESOLVKS,  June  14,   1809.      '  335 

fo  that  the  perpetrator  or  perpetrators  of  faid  crime  be  thereof 
convicted. 

And  His  Excellency  the  Governour  is  hereby  requefted  and 
authorized  to  draw  his  warrant  on  the  treafury  of  this  Com- 
monwealth for  faid  fum,  in  favour  of  fuch  perfon  or  perfons, 
as  the  Attorney  General  or  JSohcitor  General  fhall  certify  to 
His  Excellency  to  be  thereto  entitled  in  virtue  of  this  refolve. 

XIX. 

Refolve  granting    a   tax  for    the  counties   of  Bri/iol,  Plymouth, 
Kennebeck,  Lincoln  and  Oxford.      June  14,  1809. 

"Whereas  the  treafurers  of  the  following  counties,  have  laid 
their  refpedive  accounts  before  theLegiflature  for  examination, 
which  accounts  have  been  examined  and  allowed  ;  and  where- 
as the  clerks  of  the  Courts  of  Seflions  for  the  faid  counties 
have  exhibited  eftimates,  made  by  the  faid  Courts,  of  the 
neceifary  charges  likely  to  arife  within  faid  feveral  counties 
for  the  year  enfuing  ;  and  of  the  fums  neceifary  to  difcharge 
the  debt  of  the  faid  county  : — 

Refolved^  That   the  funw  annexed  to  the  following    Coun- 
ties, be,  and  the  fame  are    hereby  granted  as  a  tax,  for   each 
county  refpedlively,  to  be  apportioned,  alfefled,  paid,  collected 
and  applied,  for  the  purpofes  aforefaid,  according  to  Law. 
Brifhol,  two  thoufand  dollars,     .         -         -         2000 
Plymouth,  two  thoufand  dollars,    -         .         -    2000 
Kennebeck,  three  thoufand  dollars,     -         -     .     3000 
Lincoln,  thirteen  thoufand,  feven  hundred,  1 

twenty  one  dollars  and  ninety  one  cents,  ^        37      J 
Oxford,  thirteen  hundred  and  thirty  dollars,       1330 

XX. 

Refolve  on  the  petition  of  Jacob  Chamberlain,  dif charging  him  of  an 
Execution,     fune  14,  1809. 

On  the  petition  of  Jacob  Chamberlain,  of  an  unincorporat- 
ed place  in  the  county  of  Hancock,  caHed  Old  Town  Falls, 
praying  this  General  Court  to  remit  to  him  the  amount  of  aa 
Execution  in  l\ivour  of  the  Coniinonwealth,  for  the  fum  of  two 
hundred  and  fifty  dollars  recovered  on  hisj-ecognizance  for  his 


336  RESOLVES,  June  15,  1809. 

appearance  before  the  Juftlces  of  the  Supreme  Judicial  Court 
holden  at  Caftine,  within  the  County  of  Hancock,  on  the  third 
Tuefday  of  June,  A.  D.   1 807  : — 

Refolved^  That  the  flieriff  of  the  county  of  Hancock  be,  and 
and  hereby  is  required  to  difcharge  faid  Jacob  Chamberlain 
from  the  execution  aforefaid,  on  his  paying  all  prifon  fees  and 
ail  cofts  which  have  arifen  iu  the  profecution  of  the  recogni- 
zance aforefaid. 

XXI. 

Refohe  on  the  petition  of  yc/fe  Robin/on,  granting  him  fifty  dollars, 

func   14,   1809. 

Whereas  Jeffe  Robinfon,  of  Hallowell,  in  the  county  of 
Kennebeck,  while  pafTing  through  the  town  of  Rome,  on  the 
twenty  ninth  day  of  Augufl:  laft,  to  execute  the  duties  of 
his  office,  as  a  Deputy  Sheriff,  for  faid  county,  had  his  horfe 
killed  by  the  difcharge  of  a  mufket  loaded  with  three  balls,  by 
fome  unknown  perfon,  difguifed  as  an  Indian  ;  and  the  faid 
Robinfon  having  petitioned  this  Court  to  afford  him  relief: — 
Wherefore, 

Refolved,  That  there  be  allowed  and  paid  out  of  the  treafu- 
ry  of  this  Commonwealth  to  the  faid  Jeife  Robinfon,  the  fum 
of  fifty  dollars  ;  and  the  Governour  with  the  advice  of  Coun- 
cil, is  hereby  authorized  and  empowered  to  draw  his  warrant 
in  favour  of  faid  Robinfon  on  the  treafurer  for  faid  fum. 

XXII. 

Rcfolvc  on  the  petition  of  iJeutenant  Colonel  TIjcmas  Badger,  refpccf' 
ing  the  Legionary  Brigade  wider  his  command,  fane  15,1 809. 

Refohed^  That  the  Governour  be  and  he  is  hereby  authoriz- 
ed, with  the  advice  of  Council,  to  ifiue  his  orders  to  the  Major 
General  or  the  commanding  officer  of  the  Fir  ft  Divifion,  to 
have  the  number  of  Infantry  Companies  which  now  compofc 
the  Infantry  of  the  Legionary  Brigade  in  the  town  of  Bol- 
ton, including  the  company  in  Chelfea,  augmented  to 
twenty  four  or  thirty  two  companies,  and  to  have  them  form- 
ed into  Regiments,  and  to  be  numbered  from  one  to  three  or 
four  in  the  Legionary  Brigade, 


RESOLVES,  June  15,   1809.  337 

XXIII. 

Refohe  on  the  petition  of  Samuel  Parker,  as    adminijirator  of  the 
ejiate  of  Simon  Gilfon,  June  15,  1809. 

Upon  the  petition  of  Samuel  Parker,  prayin^^  to  be  reflored 
to  the  benefit  of  an  ad  entitled,  "  an  ad  for  limiting  the  time 
within  which  fuits  may  be  profecuted  againft  executors  and  ad- 
miniftrators,  and  for  perpetuating  the  evidence  of  notice  given 
by  them  and  by  guardians  and  others  refpeding  the  fale  of  re- 
al eftate  :— 

Refohed,  for  the  reafons  fet  forth  in  faid  petition,  That  upon 
the  faid  Parker's  polling  up  in  two  or  more  publick  places  in 
Pepperell,  in  the  county  of  Middlefex,  due  notice  of  his  having 
been  appointed  adminiftrator  of  the  goods  and  eftate  of  Simon 
Gilfon,  late  of  faid  Pepperell,  deceafed,  and  of  his  acceptance' 
of  faid  truft,  and  alfo  inferting  the  fame  notice  in  the  newfpa- 
per  printed  at  Bofton  by  Adams  and  Rhodes,  three  weeks 
fucceflively,  before  the  firft  day  of  September  next,  and  upon 
his  making  and  filing  in  the  Probate  Court  for  faid  county, 
before  the  firft  day  of  November  next,  an  affidavit  of  his  hav- 
ing given  fuch  notice,accompanied  with  an  original  notification, 
or  a  copy  thereof,  of  his  having  undertaken  faid  truft,  he  the 
faid  Parker  fhall  be  entitled  to  all  the  benefits  of  the  faid  ad  in  as 
full  and  ample  a  manner,  to  all  intents  and  purpofes,  as  if 
notice  had  been  given  of  his  faid  appointment  and  affidavit 
thereof,  filed  in  faid  Probate  Court,  within  the  time  and  in  the 
manner  limited  and  prefcribed  by  the  faid  ad,  except  that  no 
creditor  of  the  eftate  of  the  faid  Simon,  deceafed,  fhall  be  bar- 
red by  the  provifions  of  the  third  fedion  of  the  faid  ad,  from 
profecuting  any  fuit  againft  the  faid  adminiftrator,  which  fhal! 
be  commenced  at  any  time  within  three  years  from  the  firft 
day  of  November  next. 

XXIV. 

Refohe  authorizing  the  ra'ifmg  a  company  of.  Light  Infantry    cut  of 
the  two  companies  of  Artillery  in  Marbichead,     June  15,  1809. 

On  the  petition  of  Jofhua  O.  Bovv^den  and  others,  praying 
for  leave  to  raife  a  Company  of  Light  Infantry  in  the  town  of 
Marblehead  : — 

Refohed,  That  for  reafons  fet  forth  in  faid  petition  His 
Excellency  the  Governour,  with  the  advice  of  Council,  be  and 
U  u 


33S        ,  RESOLVES,  June   lO,   1809. 

he  is  hereby  authorized  and  requefted  to  raile  by  voluntary 
iulidineiit,  a  company  of  Light  Infantry  out  of  ihc  two  compa- 
nies of  Artillery,  in  the  town  of  Marblehead,  to  be  annexed 
to  the  battalion  in  faid  town,  and  fubjed  to  fuch  rules  and  regu- 
lations as  are  provided  by  Liw  for  governing  the  militia  of  this 
Commonwealth. 

Provided^  that  neither  of  the  (landing  companies  in  faid  bat- 
talion, fliall  thereby  be  reduced  to  a  lefs  number  than  is  requi- 
red by  law. 

XXV. 

Rcjolve  on  ihc  petition   of  Hezekiab  Wyman^  of  Bath,  in  the  county 
cf  Lincoln.      'June  16,  1S09. 

On  the  petition  of  Hezekiah  Wyman.  of  Bath,  in  the  county 
of  Lincoln  :  — 

Rcfuhcd,  That  Abie!  Heywood,  executor  of  the  lad  will  and 
tedament  of  Jonathan  Heywood,  late  of  Bofton,  in  the  county 
of  Suffolk,  deceafed,  be  and  hereby  is  authorized  to  convey  by 
deed  to  faid  Wyman,  his  heirs  and  afiigns  all  the  right,  title, 
and  intere'l  of  which  the  faid  Jonathan  Heywood  died  feized  and 
pofefled,  in  and  to  the  following  defcribed  lot  of  land,  fituate  in 
faid  Bath,  and  bounded  as  follows  viz  : — Beginning  on  the 
norih  fide  of  a  lane  leading  from  Wafliington  Street,  to  the 
houfeof  Jeffe  Ruflell,  eleven  rods  and  four  links  weft  from  Da- 
vid Standiih's  weft  line  ;  thence  running  weft  four  rods,  then 
north  fix  rods,  then  eaft  four  rods,  and  thence  fouih  fix  rods 
to  the  firft  bounds. 

XXVL 

Rcfolvc  on  the  petition  of  jitjiin  Ely^jun.  of  Wtfl  Springfield. 
June  16,  1805. 

On  the  petition  of  Juftin  Ely,  jun.  of  Weft  Springfield,  in 
the  county  of  Hampfliire,  ftating  that  his  late  wife  Lucy  Ely, 
now  deceafed,  was  owner  of  one  undivided  fixth  part  of  a 
tract  of  land  lying  in  Peterfliam,  in  the  county  of  Worcefter, 
bounded  eafterly  on  a  highway,  fouth  on  land  of  John  Gates, 
weft  on  land  of  Joel  Bryant,  John  Gates,  and  Zarah  Hough- 
ton, containing  about  feventy  live  acres,  with  a  dw^elling  houfe 
ftanding  thereon  j  that  ia  0<^ober  1806,  the  other  owners  of 


RESOLVES,  June   i6,  1809.  339 

l^iid  land,  having  bargained  with  John  Gates,  of  Peterfham, 
to  fell  him  their  refpedive  interelts  therein,  he  joined  with 
them  in  a  bond  to  the  faid  Gates,  that  upon  payment  of  the 
fum  of  fourteen  hundred  and  fifteen  dollars,  which  was  the 
confideration  for  the  whole  farm,  oonditioned  to  convey  to 
him  the  fame  by  good  and  fufficient  title  ;  that  in  January  1 808, 
the  faid  Lucy  died,  leaving  three  infant  chrildren  ;  that  the 
faid  Gates  has  paid  the  principal  part  of  the  confideration  : 
and  praying  that,  upon  payment  of  the  refidue,  he  may  be  au- 
thorized and  empowered  to  convey  faid  land  to  faid  Gates  ac- 
cording to  the  tenor  of  faid  agreement  : — 

Refolved,  That  the  faid  Juitin  Ely,  jun.  be  and  he  hereby  is 
authorized  and  empowered  to  convey  to  the  faid  John  Gates, 
all  the  right  which  his  late  wife  Lucy  Ely,  now  deceafed,  had 
in  the  tract  of  land  above  defcribed  :  Provided^  That  he  give 
bonds  in  fuch  fum  and  with  fuch  fecurity  as  the  Judge  of  Pro- 
bate for  the  county  of  Hampfliire  fliall  approve,  that  the  money 
arifmg  from  the  fale  of  faid  eflate  fiiall  be  placed  upon  interell 
for  the  benefit  of  his  three  infant  children,  Theodore  Ely, 
Charles  Ely,  and  Lucy  Baron  Ely. 

XXVIL 

Rcfohc  on   the  petiilon  of  'John  Peirce,    of^  H-infdale,  granfmg  him 
thirty'  dollars.      yune  16,  1809. 

Whereas  John  Peirce  of  Hinfdale,  in  the  county  of  Berk- 
fnire,  has  reprefented  to  this  Court  that  in  the  month  of  March 
laft,  Thomas  Wing,  of  faid  Hinfdale,  was  apprehended  and 
committed  to  the  Prifon  in  faid  county,  upon  a  charge  of  paf- 
fmg  counterfeited  bank  bills  ;  and  afterwards  recognized  with 
fufficient  fureties  for  his  appearance  at  the  Supreme  Judicial 
Court,  which  was  holden  at  Lenox,  in  and  for  faid  county, 
on  the  firft  Tuefday  of  May  lafl,  to  anfv^rer  to  the  faid  charge, 
but  did  not  appear  ;  whereby  the  amount  of  faid  recognizan- 
ces, being  tv.  tive  hundred  and  fifty  dollars,  have  become  for- 
feited to  the  government  ;  and  that  he  the  faid  John  in 
detefling  and  procuring  the  commitment  of  fuid  Thomas, 
fpent  much  time  and  expended  about  twenty  dollars  : — • 

Rcfohed,  i'hat  there  be  allowed  to  the  faid  John  Peirce,  the 
fum  of  thirty  dollars,  to  be  paid  him,  out  of  the  monies  which 
may  be  coUecled  on  the  recognizances  aforefaid,  and  not  other- 
wife  J  the  payment  to   be  made  by  the  Attorney  or  Solicitor 


;^4o  RESOLVES,  June  i6,  1809. 

General,  or  Treafurer  of  the  county  of  Berkfliire,  whoever  of 
them  fhall  have  received  the  fame  for  the  Commonvi'ealth  ;  and 
the  receipt  of  faid  John  Peirce.  fhall  be  a  fufficient  voucher  to 
that  amount,  for  faid  Attorney  or  Solicitor  General,  or  county 
Treafurer,  in  his  fettiement  of  his  account. 

XXVIII. 

"Refolve  on  the  petition  of  David  Pay f on  and  others.    "June  16,1809. 

On  the  petition  of  David  Payfon  and  Abiel  Wood,  jun.  of 
WifcalTet,  in  the  county  of  Lincoln,  Efquires,  fhewing  that 
the  petitioners  recognized  in  the  fum  of  two  hundred  and  fifty 
dollars  each, as  fureties  for  the  appearance  of  one  Artemas  Wild- 
er, a  native  of  Vermont,  before  the  Juftices  of  the  Supreme  Ju- 
dicial Court ;  and  that  at  the  Supreme  Judicial  Court  hold- 
en  at  Wifcaifet,  on  the  firft  1  uefday  -  of  June,  A.  1). 
1808,  the  faid  Wilder  not  appearing,  his  recognizance  was 
forfeited  and  defaulted,  and  writs  of  fcire  facias  have  iffued 
and  are  now  pending  againft  faid  Payfon  and  Wood  ; — 

Refolved,  for  reafons  fet  forth  in  faid  petition.  That  the  faid 
David  Payfon  and  Abiel  Wood,  jun.  be  difcharged  from  their 
refpedive  recognizances  as  aforefaid,  lor  the  judgments  render- 
ed on  faid  writs  of  fcire  facias,  feverally,  and  from  the  cofts 
thereto  appertaining. 

XXIX 

Refoh-c  on  the  petition  of  Abigail  Prefcott.      j'une  16,  1809. 

On  the  petition  of  Abigail  Prefcott,  of  Boflon,  widou^  of 
Ephraim  Prefcott,  deceafed  : — 

Refolved^  for  reafons  fet  forth  in  faid  petition.  That  this 
Commonwealth  does  hereby  releafe  to  the  faid  Abigail  Prefcott, 
all  right,  title  and  intereft  which  they  have  in  feventeen  lots 
of  wild  land  in  Eaft  Andover,  in  the  county  of  York,  formerly 
belonging  to  the  faid  Ephraim  Prefcott,  of  which  he  died  feized, 
and  which  for  want  of  heirs,  efcheats  to  the  Commonwealth. 

XXX. 

Refolve  on  the  petition  of  Abraham  JBazin,   adfninijirator   on   the 
eftate  of  Peter  Boy er^  deceafed.     fune  16,  1809. 

On  the  petition  of  Abraham  Bazin,    adminiftrator  on  the 
eftate  of  Peter  Boyer,  late  of  Bofton,  in  the  county  of  buftblk, 


RESOLVES,  June  i6,  1809.  341 

merchant,  deceafed,  inteftate,  dating  that  faid  Peter  Boyer  in 
his  life  time,  being  indebted  unto  John  Buckley,  late  of  faid 
Bofton,  merchant,  deceafed,  in  the  fum  of  five  hundred  ninety 
two  dollars  fixty  three  cents,  promifed  faid  Buckley  to  convey 
to  him  towards  the  payment  of  faid  demand,  his  faid  Boyer's 
part  of  the  real  eftate  which  defcended  to  him  in  right  of  his 
honoured  mother,  Sufanna  Boyer,  deceafed,  being  one  quar- 
ter of  one  fixch  part  of  a  certain  dwelling  houfe  and  land  fitu- 
ate  in  Bofton,  aforefaid,  bounded  eafterly  on  Fifli-lheet,  north- 
erly on  Wood  Lane  fo  called  ;  wefterly  on  land  of  John  Prout 
and  others,  and  foutherly  on  land  of  Martha  Oliver  ;  but  faid 
Boyer  died  before  he  executed  the  deed  thereof  according 
to  his  proiuife,  faid  Buckley  has  alfo  fmce  deceafed,  leav- 
ing Mary  Hewes,  wife  of  Richard  B.  Hewes,  an  only  child  and 
heir : — 

Therefore,  Refolved,  I  hat  faid  Abraham  Bazin,  adminiifra- 
tor  as  aforefaid,  be  and  he  is  hereby  authorized  and  empow- 
ered to  make  and  execute  a  good  and  fufficient  deed  of  faid 
one  quarter  of  one  fixth  part  of  faid  dwelling  houfe  and  land, 
bounded  as  aforefaid,  being  faid  Peter  Boyer's  part  of  the  real 
eftate  which  defcended  to  him  in  right  of  his  mother  Sufanna 
Boyer,  deceafed,  to  faid  Mary  Hewes,  to  hold  to  her,  her  heirs 
and  afligns  :  which  fhall  be  confidered  as  valid  and  eftedual 
in  law,  as  a  deed  thereof  would  have  been  if  executed  by  faid 
Peter  Boyer  to  faid  John  Buckley  in  their  life  time,  according 
to  faid  promife. 

XXXL 

Refohe  on  the  petition  of  John  Tedder,  of  Marblchcad* 
June  16,  1809. 

Whereas  Major  John  Tedder,  of  Marblehead,  in  the  coun- 
ty of  Eflex,  has  petitioned  the  Legiflature  for  compenfation  for 
the  expenfes  he  has  been  at  in  removing  the  Gun  Houfe  in  faid 
Town : — 

Refolved,  for  reafons  fet  forth  in  faid  petition.  That  there  be 
allowed  and  paid  out  of  the  treafury  of  this  Commonwealth  to 
faid  John  Tedder,  the  fum  of  thirty  dollars,  to  be  in  full  for 
all  the  expenfes  he  has  been  at  in  removing  the  Gun  Houfe 
in  Marblehead. 


342  RESOLVES,  June  17,  1809. 

xxxir. 

Refolve  granting  pay   to  the  Clerks  in  the  Secretary's  and  Treafur- 
cr''soficcs.      yune  16,  1809. 

Refolved^  I  hat  there  be  allowed  and  paid  out  of  the  treafu- 
ry  of  this  Commonwealth,  to  thj  firft  clerk  in  the  Secretary's 
office,  three  dollars  and  eighty  four  cents  per  day,  and  to 
each  of  the  other  clerks  in  faid  office,  three  dollars  per  day,  for 
each  day  they  are  refpe£lively  employed  therein,  for  one  year 
commencing  the  firfh  day  of  the  prefent  month  of  June. 

And  be  it  further  Refolved,  That  there  be  allowed  and  paid 
out  of  the  treafury  aiorefaid,  to  each  of  the  two  clerks  in  the 
Treafurer's  office,  the  fum  of  three  dollars  and  eighty  four 
cents,  for  each  day  they  are  refpeclively  employed  therein  for 
one  year,  commencing  the  firil  day  of  the  prefent  month  of 
June.    • 

XXXIII. 

Refolve  appointing  Commfftoners  to  examine  and  fettle  the  Accounts 
of  the  State  Treafurcr.      fane  17,  1809. 

Refolved,  That  Jonathan  Jackfon,  Benjamin  Weld  and  Sam- 
uel Brown,  be  commiffioners  to  examine,  adjuft,  and  fettle  the 
accounts  of  Jofiah  Dw;ght,  Efq.  '.f  reafurcr  and  Receiver  Gen- 
eral of  this  Commonwealth,  from  the  time  of  his  entering 
on  the  duties  of  his  office,  to  the  thirtieth  day  of  June  in- 
flant,  inclufively ;  and  the  faid  commiffioners  are  directed 
and  empowered  to  deface  all  notes,  and  due  bills,  ord- 
ers, or  other  obligations,  iflued  under  the  authority  of  this 
Commonwealth,  by  any  officer  thereof,  which  have  been  re- 
deemed by  the  Ireafurer  or  his  predeceffi^rs ;  and  to  report 
their  proceedings  at  the  next  feffion  of  the  General  Court. 

XXXIV, 

Refolve  on  the  petition  of  Ehen.  Preble,     jwie  17,  1S09. 

On  the  petition  of  Eben.  Preble,  of  Bofton,  in  the  county  of 
Suffolk,  merchant,  reprefenting  that  his  father,  Jedidiah  Pre- 
ble, late  of  Portland,  in  the  county  of  Cumberland,  deceafed, 
in  the  year  one   thouHmd  fevcn  hundred  and  eighty  one,  in- 


RESOLVES,  June  17,   1809.  343 

tended  to  convey  to  faid  Eben.  a  certain  part  of  a  lot  of  land, 
fituate  on  Middle  ftreet,  in  faid  Portland,  and  that  by  miftake 
of  the  perfon  employed  to  draft  the  deed  in  referring  to  former 
deeds  for  defcription,  a  part  of  faid  lot  which  the  faid  Jedi- 
diah  had  before  conveyed,  was  dcfcribed  in  the  deed  to  faid 
Eben.  inftead  of  the  part  intended  to  have  been  conveyed 
to  faid  Kben.  ;  and  that  the  deed  to  faid  Eben.  having  been 
recorded  before  the  preceding  deed,  his  title  became  perfed;  to 
the  land  which  the  faid  Jedidiah  had  no  intention  to  con- 
vey, and  which  the  faid  Eben,  had  no  intention  to  take  ; 
and  that  the  faid  Eben.  is  defirous  to  obtain  a  conveyance 
of  the  land  which  ought  to  have  been  conveyed  to  him,  and 
to  releafe  all  right  and  title  to  that  land  which  was  fold  to  oth- 
ers ;  and  further  reprefenting  thatfuch  conveyance  to  him  can- 
not be  made  by  reafon  of  the  great  number  and  difperfed  fitu- 
ation  of  the  heirs  at  law  of  faid  Jedidiah,  and  becaufe  there 
are  among  them  many  minors.  And  publick  notice  of  faid 
petition  having  been  given  according  to  the  order  of  the  Sen- 
ate and  E[oufe  of  Reprefentatives.,  and  no  objedlion  having 
been  made  to  granting  the  prayer  thereof: — 

Be  it  therefore  Refohed^  that  Enoch  Preble  of  Portland,  in 
the  county  of  Cumberland,  merchant,  one  of  the  fons  of  Jedidi- 
ah Preble,  late  of  faid  Portland,  Efq.  deceafed,  be  and  he  hereby 
is  authorized  and  empowered,  to  make,  fign,  feal,  and  acknow- 
ledge in  due  form  of  law,  a  deed  of  conveyance  to  Eben.  Pre- 
ble, of  Bofton,  in  the  county  of  Suffolk,  merchant,  of  all  the 
right,  title,  interefl  and  eftate  of  the  heirs,  at  law  of  Jedediah 
Preble,  Efq,  late  of  faid  Portland,  deceafed,  in  and  to  a  certain 
piece  or  parcel  of  land  fituate  in  faid  Portland,  and  defcribed 
as  follows,  viz. — Bounding  foutheaftwardly  on  JXIiddle  flreer, 
and  there  njeafuring  three  rods  north  wed  wardly  by  land  con- 
veyed by  John  Barber  to  Enoch  Knights,  and  by  faid  Enoch 
to  faid  Jedidiah  by  deed  bearing  date  the  tv/enty  feventh  ddy 
of  April,  ijGc^  ;  northweftv/ardly  by  the  lots  which  run  fouth- 
eaftwardly from  Backflreet ;  northeaflwardly  beginning  on  faid 
Middleftrcet,  at  the  corner  of  Zachariah  Nowell's  houfe,  and 
thence  running  north weilwardly  nine  rods  and  an  half,  to  a  fence 
and  vi'oodhouie  ;  thence  fouthwed  by  a  flable  twelve  feet  ; 
thence  northweflwardly  by  faid  (table  and  the  garden  fence  ten 
rods  and  twenty  links,  to  a  ^Gnze.  at  the  northweflwardly  end 
of  the  land  to  be  conveyed.  Ihe  afore  defcribed  piece  or 
parcel  of  land  being  the  fame  which  the  faid   Jedidiah  intend- 


344  RESOLVES,  June   17,  1809. 

ed  to  convey  to  faid  Eben.  and  of  which  the  faid  Eben.  has  been 
in  polTefTion  ever  fince  the  year  1  y%  i. — Provided  alzcays, 

1  hat  the  faid  deed  which  the  faid  Enoch  Preble  is  hereby 
authorized  and  empowered  to  make,  fhall  not  be  made,  nor 
fliall  the  fame  have  any  force  or  effecl,  until  the  faid  Eben. 
Preble  Ihall  have  made  in  due  form  of  law,  conveyances  by 
deed,  of  releafe  and  quit  claim,  with  warranty  againfl  all  per- 
fons  claiming  under  him,  of  all  the  right,  title,  intereft  and 
eftate  which  he  hath,  in  the  lands  and  tenements,  convey- 
ed to  him  by  the  deed  of  faid  Jedidiah  Preble  his  father, 
through  miflake  as  aforefaid,  which  deeds  of  releafe  and  cuit- 
claim  fhall  be  made  to  fuch  perfons  now  claiming  or  in  pof- 
fefiion  of  the  lad  mentioned  lands  and  tenements,  as  would 
now  have  good  right  and  title  therein,  if  the  deed  of  the  faid 
Jedidiah  firft  executed  as  aforefaid,  had  taken  eflecl  according 
to  the  intention  of  the  parties. 

XXXV. 

Refuh-e  on  the  petition  of  Jcffe  Drake,  of  Union,  county  of  Lincoln. 

June  17,  1809. 

On  the  petition  of  Jeife  Drake,  of  Union,  in  the  county  of 
Lincoln,  praying  that  Mary  Gay,  of  faid  Union,  adminftra- 
trix  on  the  eftate  of  Jofiah  Gay,  late  of  faid  Union,  yeoman, 
deceafed,  and  guardian  to  Sally  Gay,  Rachel  Gay,  Elijah 
Gay,  and  llichard  Gay,  and  Melzar  Thomas,  guardian  to 
Abiel  Gay  and  James  Gay,  may  be  authorized  and  empow- 
ered to  fell  and  convey  to  the  faid  Drake,  the  right  and  title 
of  the  faid  minors  in  the  following  defcribed  piece  of  land  : — 

Rcfoivcd,  That  the  faid  Mary  Gay  and  Melzar  Thomas,  be 
and  they  are  hereby  authorized  in  their  capacity  of  Guardi- 
ans to  the  faid  minors,  to  fell  and  convey  to  the  faid  Jeflc 
Drake,  all  the  right  and  title  which  the  faid  minors  have  in 
and  to  the  following  defcribed  piece  of  land  lying  in  (aid  U- 
nion,  bounded  as  follows,  viz. — Beginning  at  a  ftake  and 
Hones  at  the  road  which  runs  throujjjh  the  lot  on  which  the 
faid  Jofiah  Gay  lived  ;  thence  north  feven  degrees  eaft,  fixty- 
two  rods  to  a  ftake  and  ftones ;  thence  north  thirty  nine  degrees 
weft,  fix  rods  and  twenty  two  links  to  a  ftake  and  ftones;  thence 
north  fixty-one  degrees  eaft,  twenty  one  rods  and  a  half  to  a  ftake 
and  ftones  ;  thence  fouth  one  degree  weft  fixty  nine  rods  to  a 
ftake  and  ftones  to  the  faid  road  j  thence  by  the  faid  road,  fouth 


RESOLVES,  June  17,  1809.  34jr 

feventy  three  degrees  weft  twenty  four  rods,  to  the  bounds  firft 
mentioned,  containing  eight  acres  and  fixty  five  rods,  more 
or  lefs ;  and  to  make,  execute,  and  deliver  good  and  fufficient 
deeds  of  the  fame  ;  PronjiJed^  the  faid  Drake  {hall,  at  the  time 
of  faid  conveyance,  pay  or  fecure  to  the  faid  guardians  for 
the  ufe  of  the  faid  minors,  twenty  one  dollars  for  each  acre 
of  faid  land,  and  in  that  proportion  for  a  lefs  quantity. 

XXXVI. 

Refohe  on  the  petition  ofLydia  Tirrell  and  others,    yune  I'j^  1 809. 

On  the  petition  of  Lydia  Tirrell,  and  others,  praying  that 
fhe  as  adminiftratrix  of  the  goods  and  eftate  of  John  Tirrell, 
late  of  Weymouth,  in  the  county  of  Norfolk,  yeoman,  deceaf- 
ed,  may  be  authorized  and  empowered  to  convey  certain  real 
eftate  : — 

Refohed,  for  reafons  fet  forth  in  faid  petition,  That  fhe  the 
faid  Lydia,  adminiftratrix  as  aforefaid,  be  and  flie  hereby  is 
authorized  and  empowered  to  convey  to  John  Dale,  one  of 
faid  petitioners,  by  a  good  and  fufficient  deed  or  deeds  duly 
executed,  all  the  real  eftate  which  faid  Dale  conveyed  to  faid 
Tirrell,  deceafed,  upon  condition,  that  faid  Dale  pay  to  faid 
Lydia  within  fix  months  from  and  after  the  palling  of  this  re- 
folve,  the  full  fum  due,  for  the  fecurity  of  which  faid  eftate 
was  conveyed  to  faid  Tirrell,  deceafed,  with  legal  intereft 
thereon,  and  all  reafonable  cofts,  and  that  the  fame  fum^  when 
paid,  be  affets  in  the  hands  of  the  faid  Lydia  as  adminif- 
tratrix aforefaid,  for  which  fhe  is  to  account  with  the  Judge 
of  Probate  for  faid  county  of  Norfolk. 

XXXVIL 

■Refohe granting  Captain  Horatio  G.  Builrick  forty  dollars  and for- 
ly-three  cents ^  for  land  purchafed  for  a  gun  houfe  in  Lancajier^ 
and  removing  the  gun  houfe  thereon.      yune  17,    1 809. 

On  the  petition  of  Horatio  G.  Buttrick,  praying  compenfa- 
tion  for  land  purchafed  for  the  Commonwealth  to  place  a  gun 
houfe  on,  in  Lancafter,  and  removing  the  fame  : — 

Refohedy  That  there  be  allowed  and  paid  out  of  the  treafu- 
ry  of  this  Commonwealth,  to  the  faid  Horatio  G.  Buttrick. 
W  w 


54^  RESOLVES,  June  19,   1809* 

the  futn  of  forty  dollars  and  forty  three  cents ;  and  the  Gov- 
ernour  be  authorized  to  draw  a  warrant  therefor  in  favour  of 
iaid  Buttrick» 


XXXVIII. 

Rsfohe  dire  ding  the  CIcrhs  of  the  Courts  of  Sefflons    io  deliver  re- 
cords and  flics  to  the  Clerks  of  the  Courts    of  Common  Pleas. 
.yurie  19,   1809. 

Refolved,  That  the  clerks  of  the  feveral  Courts  of  the  Gen- 
eral Sellions  of  the  Peace,  be  and  they  are  hereby  direded  to 
deliver  to  the  feveral  clerks  of  the  Courts  of  Common  Pleas, 
to  which  the  jarifdiction  of  fuch  Courts  of  General  Seflions 
of  the  Peace,  is  transferred  by  virtue  of  an  adl,  entitled,  "  an 
act  to  transfer  the  powers  and  duties  of  the  Courts  of  Seflions 
to  the  Courts  of  Common  Pleas,  and  for  other  purpofes,"  the 
records  and  papers  of  faid  Courts. 

And  be  it  further  Rcfolved,  That  the  feveral  clerks  of  the 
feveral  Courts  of  Common  Pleas  be,  and  they  are  hereby  di- 
rected to  keep  the  records  of  the  doings  of  the  feveral  Courts 
ei  Common  Pleas,  in  thofe  matters  in  which  the  jurifdiction 
of  the  Courts  of  General  Sellions  of  the  Peace  is  transfered,  by 
the  act  aforefaid,  to  the  Courts  of  Common  Pleas,  in  fep- 
arate  and  dillinct  books,  and  the  papers  Ihall  a1fo  be  kept  in 
dillindt  and  feparate  files  from  the  books  and  files  in  which 
the  records  and  papers  v/ere  kept  of  fuch  matters  as  the  Courts 
of  Common  Pleas  had  jurifdidion  of  before  the  palTing  of 
the  ai5t  aforefaid. 

XXXIX. 

Rcfolvs  on  the  petition  of  Benjamin  "Joy,     June  19,   1809. 

On  the  petition  of  Benjamin  Joy,  praying  that  Elifha  Sig- 
ourney  and  Judah  Hays,  executors  of  ihe  lafl  will  and  tefla- 
ment  cf  Henry  Jackfon,  deceafed,  might  be  authorized  and 
empowered  to  convey  by  deed  one  moiety  of  a  certain  piece 
4Df  land,  in  purfuance  of  a  memorandum  of  agreement  in  writ- 
ing made  by  the  faid  Jackfon,  during  his  life  : — 

Refohed^  That  the  faid  Elifha  Sigourney  and  Judah  Hays> 
^ecutors  of  the  laft  will  and   teflament   of  Henry  Jackfon^ 


RESOLVES,  June  19,  1809.  347 

be  and  they  hereby  are  authorized  and  empowered  to  transfer 
and  convey,  by  a  good  and  fufficient  deed,  one  moiety  of  a  cer- 
tain piece  of  land  defcribed  in  the  faid  Joy's  petition,  in  pur- 
fiiance  of  the  agreement  made  by  the  faid  Jackfon  in  his  Hfe 
time,  and  in  the  manner  and  for  the  confideratioiis  therein 
mentioned;  which  faid  deed, executed  in  manner  aforefaid,fhall 
be  good  and  vaHd  to  veft  in  faid  Joy  the  fee  of  faid  land,  and 
give  him  as  good  a  title  to  the  fame  as  if  fuch  deed  had  been 
executed  by  faid  Jackfon  in  his  life  time. 

XL. 

Rcfohe  granting  Syhanus  Lapbam  twenty  Jive  dollars,  for  extra 
fervices  as  an   ajftftant  to   the  mejfenger  of  the  General  Court* 
yune  19,   1809. 

Refolved,  That  there  be  allowed  and  paid  out  of  the  publick 
treafury  of  this  Commonwealth  unto  Sylvanias  Lapham,  afTifl:- 
ant  to  the  meffenger  of  the  General  Court,  for  extra  fervice, 
twenty  five  dollars,  over  and  above  his  iifual  pay  j  in  full  for 
faid  fervice  the  prefent  feifi-on  of  this  Court. 

XLL 

Refol'ue  direcling  the  garter  Mafier  General  to  furiiifj  certain 
articles  for  the  Hofpital at  Rainsford Ifland.     yune  ig,  1809. 

On  the  reprefentatlon  of  the  Quarter  Mafter  General,  that 
he  had  received  a  requefl  from  the  Board  of  Health  of  the 
town  of  Bofton,  for  the  following  articles,  for  the  uf^^  of  the 
ftate  Hofpital,  viz.  fifteen  linen  flieets,  twelve  pillow  cafes,  one 
dozen  of  towels,  two  dozen  of  knives  and  forks,  one  dozen  of 
ftew-pans,  fix-chairs,  three  clofe-ftool  pans,  and  two  coffee 
pots,  which  by  eftimaiion  amounts  to  one  hundred  and  eighty- 
.  fix  dollars  : — 

Refolved,  That  the  Quarter  Mafter  General  be  authorized  and 
direded  to  fupply  the  articles  above  enumerated, for  the  ufe  of 
the  faid  hofpiial;  and  that  fordefraying  the  expenfe  of  the  fame, 
there  be  allowed  and  paid  out  of  the  publick  treafury,  to  the 
faid  Quarter  Mafter  General,  a  fum  not  exceeding  one  hun- 
dred and  eighty  fix  dollars,  he  to  be  accountable  for  the  fame. 
And  His  Excellency  the  Governour  is  hereby  requefted,  with 
the  advice  and  confent  of  th^  Council,  to  draw  his  warrant  on 
the  treafury  for  the  fame. 


348  RESOLVES,  June  19,  1809. 

XLII. 

Refohe  for  paying  the  Commiltee  on  Accounts.      June  19,   1809. 

Rcfohed,  1  hat  there  be  allowed  and  paid  out  of  the  pub- 
lick  treafury  to  the  committee  appointed  to  examine  and  pafs 
on  accounts,  prefented  againft  the  Commonwealth,  for  their 
attendance  on  that  fervice,  during  the  prefent  fellion,  the  fums 
annexed  to  their  names  refpedively,  in  addition  to  their  pay  as 
members  of  the  Legiflature  : — Hon.  Thomas  Hale,  fifteen  days, 
fifteen  dollars  ;  Hon.  Nathan  Willis,  fifteen  days,  fifteen  dol- 
lars ;  Jofeph  litcomb,  fifteen  days,  fifteen  dollars ;  bilas  Hol- 
man,  fifteen  days,  fifteen  dollars  ;  which  fums  fhali  be  in  full 
for  their  fervices  aforefaid,  refpectively. 

XLUL 

Rcfolve  granting  yacob  Knhn,  one  thoufand  dollars^  to  pur  chafe 
fucl^  l^c.     jfune  19,  1809. 

Refol-vcd,  1  hat  there  be  allowed  and  paid  out  of  the  Treafu- 
ry of  this  Commonwealth,  to  Jacob  Kuhn,  meflenger  cf  the' 
General  Couit,  the  fum  of  one  thoufand  dollars,  to  enable 
him  to  purchafe  fuel,  and  fuch  other  articles  as  may  be  necef- 
fary  for  the  ufe  of  the  General  Court,  together  with  the  Govern- 
our  and  Council,  Secretary's  and  Treafurer's  offices,  he  to  be 
accountable  for  the  expenditure  of  the  fame. 

XLIV. 

Rifohcfor  paying  the  Clerks  of  the  General  Court.     June  19,  1809. 

Refohed,  That  there  be  paid  out  of  thepublick  treafury  to 
Nathaniel  Coffin,  Efq.  clerk  of  the  Senate,  and  to  Nicholas 
Tillinghaft,  Efq.  clerk  of  the  Houfe  of  Reprefentatives,  one 
hundred  and  fifty  dollars  each  ;  and  alfo  to  Samuel  F.  Mc 
Cleary,  affiilant  Clerk  to  the  Senate,  and  to  Ihomas  Wallcott, 
one  hundred  dollars  each  in  full  for  their  fervices  in  their  offi^ 
CCS,  the  prefent  feffion  of  the  General  Court. 


RESOLVES,  June  19,   1809.  349 

XLV. 

Refohe  granting  Azariah  'Eglcjion,  Efq.  four  hundred  dollars,  for 
his  fervicQ  as  paymnjlcr  and  agent  to  the  Firji  Maffachufetis 
Regiment,    yune  19,  1809. 

On  the  petition  of  Azariah  Eglefton,  Efq.  (tatlng  that  he 
was  a  paymafter  and  agent  to  the  firfl  MaiTachufetts  Reg- 
iment in  the  late  war  between  the  United  States  and  Great 
Britian  ;  and  praying  for  compenfation  for  his  fer vices  as 
fuch  paymafter  and  agent  ; 

Wheieas  it  appears  that  the  faid  Azariah  Eglefton  has  nev- 
er received  any  compenfation  for  the  fcirvices  fo  rendered  by 
him  as  aforefaid  :    Therefore, 

Refolved^  1  hat  the  faid  Azariah  Egleflon  be,  and  he  is  here- 
by allowed  the  fum  of  four  hundred  dollars,  to  be  paid  out  of 
the  treafury  of  this  Commonwealth,  in  full  lor  his  faid  fervi- 
ces.  And  his  Excellency  the  Governour,  by  and  with  the  ad- 
vice of  the  Council,  is  hereby  requefted  to  iffue  his  v/arrant 
upon  the  Treafurer  for  the  payment  of  the  fum  aforefaid. 

XLVI. 

Refohe  on  the  petition  of  fohn  Barker  and  others,     fune  19,  1 809. 

On  the  petition  of  John  Barker  and  Aaron  Tufts,  praying 
to  be  compenfated  for  land  which  has  been  taken  from  them 
to  quiet  the  fettlers,  and  that  they  may  not  be  called  on  for 
the  balance  which  is  due  on  their  bond  until  this  matter  can 
be  adjufted  :— 

Refolded,  That  the  Hon.  Salem  Town,  Efq.  be  and  hereby  is 
authorized  and  empowered  to  afcertain  the  quantity  and  value 
of  the  land  taken  to  quiet  the  fettlers  mentioned  in  faid  pe- 
tition, and  report  to  the  next  feffion  of  this  General  Court. 
And  the  Treafurer  of  this  Commonwealth  is  direfted  to  delay 
to  demand  the  payment  of  their  bond  until  the  next  feffion  of 
this  General  Court. 


35©  RESOLVES,  June  19,  1809. 

XLVIL 

Refohe  confirming  a  deed  of  four  hundred  acres  of  land  given  by  the 
Marjhpce  Indians  for  a  parfonage.     June  i<^,  1809. 

On  the  reprefentation  of  the  overfeers  of  the  Indian  Planta- 
tion of  Marlhpee,  in  the  county  of  Barnflable,  dating  in  be- 
half of  faid  Indians,  that  it  would  be  conducive  to  their  inter- 
efts,  that  a  certain  grant  and  allotment  of  land  therein  defcrib- 
ed,  formerly  made  by  faid  Indians  for  the  fupport  ot  the 
Gofpel  Miniftry  among  them,  fhould  be  confirmed  and  ren- 
dered valid  : — 

Refohedy  That  a  certain  grant  or  allotment  of  land  made  by 
Lot  Nye,  Matthias  Amos,  Mofes  Pognit,  Ifaac  Haltday,  Jofeph 
Amos  and  Ebenezer  Dives,  of  the  diltrict  of  Marfhpce,  in  the 
county  of  Barnftable,  as  appears  by  their  deed  by  them  figned, 
fealed  and  executed  on  the  feventh  day  of  Januciry,  in  the  year 
of  our  Lord  one  thoufand  feven  hundred  and  eighty  three,  and 
recorded  in  the  regiftry  of  deeds  in  and  for  the  faid  county  of 
Barnftable,  in  the  fifty-fifth  book  thereof  and  one  hundred  and 
thirty  ninth  folio  of  faid  book,  as  attefted  by  Ebenezer  Bacon 
as  Regifter  on  the  back  of  faid  deed,  faid  land  being  four 
hundred  acres  more  or  lefs,  according  to  faid  deed,  be,  and 
the  fame  hereby  is  confirmed  and  rendered  valid  to  all  the 
intents  and  purpofes  by  them  in  their  faid  deed  exprefl'ed,  and 
the  faid  traft  of  land  ftiall  be  and  remain  forever  as  a  parfonage 
for  the  ufe  and  benefit  of  a  congregational  gofpel  rainifter,  as 
expreffed  and  declared  in  their   faid  deed. 

XLVIIL 

Refohe  on  the  petition  of  John  Cojin  Jones,  Ffq.      June  19,  1809. 

On  the  petition  of  John  Coffin  Jones,  of  Bofton,  in  the 
county  of  Sufiblk,  merchant,  ftating  that  he  is  creditor  to 
the  eftate  of  James  Scobie,  late  of  faid  Bofton,  merchant, 
deceafed,  inteftate,  which  has  been  duly  reprefented  infolvent 
by  the  adminiftrator  on  faid  eftate  ;  a  commiflion  ifTued  there- 
on, and  the  commiffioners  reported  a  lift  of  claims  by  them  al- 
lowed ;  upon  which  a  dividend  of  forty  cents  and  feven  mills 
on  the  dollar  was  ordered  to  each  relpective  creditor  in  pro- 
portion to  his  claim  allowed  5   but  by  accident   and  miftake 


RESOLVES,  June  19,  1809.  351 

the  laid  Jones  neglefted  to  prefent  his  claim  for  allowance, 
and  the  time  allowed  by  law  for  exhibiting  claims  has  expired. 
Therefore, 

Refolved,  That  for  reafons  fet  forth  in  faid  petition  the  Judge 
of  Probate  for  the  county  of  Suffolk,  be  and  he  hereby  is  au- 
thorized and  empowered  to  grant  a  new  commiffion  on  faid 
eftate,  or  to  allow  fuch  further  time  to  the  former  commiilion- 
ers  on  faid  eftate,  not  exceeding  three  months,  as  he  fhall  judge 
expedient,  to  receive  and  examine  the  claims  of  all  thofe  who 
have  not  already  proved  their  claims  againft  faid  deceafed's 
eftate :  and  that  the  faid  creditors  who  fhall  hereafter  prove 
iheir  claims  under  any  commiffion  that  may  be  granted  by 
virtue  hereof,  fliall  and  may  be  entitled  to  receive  from  the 
faid  adminiftrator  on  faid  eftate,  and  from  the  monies  that 
now  are  in  his  hands  or  vt^hich  hereafter  may  be  collected  and 
received  from  faid  eftate,  on  the  amount  of  the  claims  refpeft- 
ively  allowed,  a  dividend  or  dividends  in  refpect  thereof,  fo 
far  as  the  fame  will  extend  equal  with  the  other  creditors 
of  faid  deceafed,  who  have  already  proved  their  claims  under 
the  faid  commiffion. 

XLIX. 

Refohs  making  a  grant  for  repairs   en  Ntch^s-Mate,  and  appoint- 
ing Tri/irani  Barnard  agmt  therein,       "June  19,    1809. 

Whereas  it  has  been  reprefented  to  the  Legiftature,  by  the 
agent  for  fuperintending  Nick's  Mate,  in  the  harbour  of 
Bofton,  that  the  monument  erefted  thereon  requires  being 
repaired  : — 

Refohcd,  That  Triftram  Barnard,  Efq.  Prefident  of  the  Bof- 
ton Marine  Society,  be  and  he  is  hereby  appointed  agent  to 
caufe  the  necelTary  repairs  to  be  effected,  and  that  His  Excellency 
the  Governour,  by  and  with  the  confent  of  the  honourable 
Council,  be  and  he  is  hereby  authorized  and  requefted  to  if- 
fue  his  warrant  on  the  treafury  for  fuch  fum,  not  exceeding 
eight  hundred  dollars,  as  faid  agent  ftiall  apply  for,  to  defray 
the  neceffary  expenfes  of  faid  repairs,  and  that  faid  agent  renaer 
his  accounts  to  the  Governour  and  Council  of  his  doings 
herein. 


352  RESOLVES,  June  19,   1809. 

L. 

Refohe  permitting  yacob  Reeves  to  fie  an  affidavit  in  the  Probate 
Court  of  Middkfex.     June  19,  1809. 

On  the  petition  of  Jacob  Reeves,  adminidrator  on  the  ef- 
tate  ofEbenezer  Staples, late  of  Eaft  Sudbury,  deceafed,  fetring 
forth  that  he  the  faid  Jacob,  in  his  faid  capacity,  wa^:  duly  em- 
powered by  the  Juilices  of  the  Court  of  Common  Pleas,  held 
at  Concord,  r/ithin  and  for  the  county  of  Middkfex,  on  the 
Monday  next  preceding  the  fecond  Tuefday  of  September,  in 
the  year  of  our  Lord  one  thoufand  eight  hundred  and  feven, 
ro  make  fale  of,  and  pafs  deeds,  to  convey  fo  much  of  faid  de- 
ceafed's  real  eftate  as  fliould  raife  the  fum  of  three  hundred 
and  forty  two  dollars  and  twenty  nine  cents  ;  and  that,  in  pur- 
fuanceofthe  authority  aforefaid,  he  the  faid  Jacob,  indue 
form  of  law,  made  fale  of  fulhcient  of  faid  eflate  for  the  pur- 
pofe  aforefaid,  and  executed  a  good  and  fuffirient  deed  thereof 
to  Luther  Glezen  ;  but  through  mifapprehenfion,  omitted  to 
make  his  affidavit,  within  the  time  prefcribed  by  law,  to  per- 
petuate the  evidence  of  faid  fale,  and  praying  that  his  affidavit 
relative  thereto,  may  be  made  good  and  valid  in  law,  as  it 
would  have  been,  had  it  been  legally  made  within  feven  months 
from  the  time  of  faid  fule  : — Therefore, 

Refohed,  That  the  prayer  of  faid  petition  be  granted,  and 
that  the  affidavit  of  the  faid  Jacob  Reeves,  taken  before  the  Pro- 
bate Court  within  and  for  the  county  of  Middlefex,  and  there 
filed  and  recorded,  Ihall  have  the  fame  effed  and  operation  in 
law,  to  all  intents  and  purpofes,  as  it  would  have  had,  had  it 
been  legally  made  within  feven  months  next  following  faid  fale. 

LL 

Refohe  granting  to  Jacob  Kuhn,  meffenger  of  the  General  Courts 
three  hundred  and  ffty  dollars  in  addition  to  his  pay.  June 
19,  1809. 

Refolved,  That  there  be  allowed  and  paid  out  of  the  publick 
treafury  to  Jacob  Kuhn,  three  hundred  and  fifty  dollars  for 
the  prefent  year,  commencing  the  thirtieth  day  of  May  lalt,  to 
be  in  addition  to  the  fum  of  four  hundred  dollars  allowed  him 
by  a  refolve  of  March  26,  1793,  eftablifliing  the  pay  of  the 
meffenger  of  the  General  Court. 


RESOLVES,  June  19,  1809.  353 

LII. 

Refolvefor  paying  the  Lieutenant  Govsrnonr^  Secretary,  and  Treaf- 
urer.       'June   19,   1809. 

Refolved^  That  there  be  allowed  aad  paid  out  of  the  treaf- 
ury  of  this  Commonwe  ilth,  to  His  Honour  the  Lieutenant 
Governour  thereof,  the  fum  of  five  huadred  thirty  three  dol- 
lars and  thirty  three  cents,  for  his  falary  for  one  year,  from 
the  thirty-firfl  day  of  May  lalL 

Alfo,  to  William  i'udor,  Efq.  Secretary  to  the  Common- 
wealth, the  fum  of  fifteen  hundred  dollars,  for  his  falary  for 
one  year,  from  the  third  day  of  June  current,  he  to  be  account- 
able at  the  end  of  the  year  for  all  the  fees  of  office  he  {liall 
have  received  :  And  to  the  Treafurer  and  Receiver  General 
of  this  Commonwealth,  the  fum  of  two  thoufand  dollars,  for 
his  falary  for  one  year,  from  the  third  day  of  June  current  :  — 
and  that  all  the  aforefaid  falaries  be  paid  in  quarterly  pay- 
ments as  they  fhall  become  due. 

LIIL 

Refolvc  on  the  petition  of  Benjamin  Skinner,  authorizing  the  par- 
tition of  certain  real  eft  ate.     fune  19,  1809. 

On  the  petition  of  Benjamin  Skinner,  praying  that  the  ad- 
mlniitrators  of  the  late  Thompfon  J.  Skinner,  deceafed,  may 
be  authorized  and  empowered  to  make  partition  of  certain 
real  ellate  of  faid  deceafed,  which  at  the  time  of  his  deceafe 
was  held  by  him  and  the  faid  Benjamin  as  tenants  in  com- 
mon : — 

Refohed,  for  the  reafons  fet  forth  in  faid  petition,  1  hat  the 
hon.  Azariah  Eglefton  and  Samuel  Dana,  Efquires,  admin- 
iftrators  of  faid  deceafed,  be  and  they  hereby  are  authorized 
and  empowered  to  agree  with  faid  Benjamin  Skinner  on  a  juft 
and  reafonable  partition  of  all  or  any  part  or  parcel  of  the  real 
eilate,  whereof  the  late  1  hompfon  j.  Skinner,  Efq.  died  feiz- 
ed,  fituated  in  the  county  of  Berklhire,  and  of  v/hich  the  faid 
Benjamin  Skinner  is  now  tenant  in  common  ;  or  to  agree  on 
indifferent  and  difcreet  men  to  make  inch  partition  between 
the  eflate  of  the  faid  deceafed  and  faid  Benjamin ;  and  to 
make  and  execute  to  the  faid  Benjamin  Skinner,  fuch  deed  or 
deeds  of  releafe  or  conveyance  as  fhall  be  proper  and  necelfary 
to  confirm  the  partition  which  mav  be  fo  made  as  aforefaid  $ 


3-54  RESOLVKS,  June  19,   iSog. 

and  in  their  faid  capacity  of  adminiftrators  of  faid  deceafed,  ta 
receive  from  the  faid  Benjamin  a  deed  or  deeds  of  :  mii^r  ef- 
fe£l,  to  the  ufe  and  benefit  of  laid  cdate.  *.nd  fuch  partition 
fo  m  de  as  aforefaid,  fhail  be  valid  and  effedual  in  law  to  all 
intents  and  purpofes  whatfoever.  Provided  however^  that  if  it 
fliall  be  neceifary  to  fell  rhe  real  eflate  of  faid  deceafed  for  the 
payment  of  debts,  the  eftate  which  fnall  be  fet  off  to  faid  ad- 
minil'lrators  in  the  manner  above  provided,  fhall  be  fold  and 
difpofcd  of  according  to  the  law  in  fuch  cafe  made  and  pro- 
vided. 

"       LIV. 

Refohc  on  the  ticUllon  of  Adam  Hemmenvjay  and  Abel  Eaton, 
yunc   19,  1800. 

On  the  petition  oi  -dam  liemmenway  and  Abel  Eaton, 
praying  that  the  treafurer  of  this  Commoiiwealth  be  direded 
to  receive  in  full  fatisfaftion  of  an  execution  ir  favour  of  iaid 
Commonwealth,  againd  one  j.b'-nczer  Hemmenway,  their 
promiflbry  note  of  hand,  dated  March  8,  1809,  made  to  Jo- 
liah  n wight,  Efquirc,  treafurer  of  faid  Commonwealth,  or  his 
fucceifor  in  faid  ollice,  for  the  fum  of  five  hundred  and  ten 
dollars  and  fifty  eight  cents,  on  intereft,  payable  in  ninety 
days  from  the  date  of  faid  note  ;  and  alfo  praying  for  an  ex- 
tenfion  of  the  time  for  the  payment  of  faid  note  : — 

Refol'Led^  for  reafons  fet  forth  in  the  faid  petition,  That  the 
treafurer  of  this  Commonwealth  be,  and  he  hereby  is  directed 
to  receive  the  faid  note  with  fufficient  furety,  in  difcharge  of 
the  execution  aforefaid,  and  thnt  one  moiety  with  the  interefl 
due  on  faid  note  be  paid  into  the  treafurer's  office  within  one 
year  from  the  date  of  faid  note,  and  the  other  moiety  with  the 
remaining  intereft,  be  paid  as  aforefaid,  within  two  years  from 
the  date  aforefaid. 

LV. 

jRcfohe  onihe  pciiiion  of  Arthur  Lithgo'W,  Ffq.  and  gravt  fo. 
June    19,    1809. 

On  the  petition  of  /Arthur  Lithgow,  Ffq.  late  Sheriff  of  the 
county  of  Kennebeck,  praying  to  be  compenfated  for  his  time 
and  cxpenfes,  and  for  that  of  his  deputies,  who  were  oppofed 
while  in  the  regular  diicharge  ot  heir  duty,  by  bodies  cf 
armed  men  in  the  di%uife  of  Indians : — 


RESOLVES,  June  19,  1809.  '355 

Refohed,  for  reafons  fet  forth  in  faid  petition.  That  there  be 
allowed  and  granted  unto  faid  Arthur  Lithgow,  one  hundred 
and  fixty  three  dollars  and  feventy  two  cents,  in  full  for  his 
time  and  expenfes,  and  for  that  of  his  deputies,  in  the  fervice 
aforefaid.  And  his  Excellency  the  Governour  with  the  con- 
fent  of  Council,  is  requeued  to  draw  his  warrant  on  the  treaf- 
ury  for  the  fame. 

LVI. 

Refohe  auihorlzhig  the  fj)uarier  Majler  General  io    repair  ihs 
wharf  at  Uofpital  Ificmd.     June  ig,   1809. 

On  the  reprefentation  of  the  Quarter  Mailer  General,  that 
the  whni  f  on  Hofpiral  Ifiand,  is  in  a  decayed  ftate,  and  (lands 
in  need  of  elfedual  and  fpeedy  repairs  to  prevent  its  being  to- 
tally loft  : — 

Refolved,  'i  hat  the  Quarter  Mafter  General  be  authorized 
and  direcl'-d  to  m^^ke  fuch  repairs  ol  the  faid  wharf,  particu- 
larly by  ci'.fing  it  with  itone,  as  ihall  in  his  opinion  be  effectual 
for  its  prefervation  ;  and  that  for  defraying  the  expenfe  of  fuch 
repairs,  there  be  allowed  and  paid  to  him  out  of  the  publick 
treafury,  a  fum  not  exceeding  fix  hundred  dollars,  he  to  be 
accountable  for  the  fame  ;  and  his  Excellency  the  Govern- 
our is  requefted;  with  the  advice  and  cpnfent  of  the  Council, 
to  draw  his  warrant  for  the  fame. 

Lvn. 

Refohe  on  the  reprefentation  of  the  Boflon  "Board  of  Healthy  refpeB- 
ing  Rainsford  If  and,  and  appointing  a  Committee  io  er.amine  the 
fame,     func  19,  1809. 

Refolved,  I'hat  Jonathan  Hunnewell,  William  Brewer  and 
Thomas  Greenleaf,  Efqulres,  be  a  committee  to  examine  the 
ftate  of  the  property  of  this  Commonwealth  in  Rainsford  Ifi- 
and, and  report  at  the  next  feflion  of  the  General  Court,  w'  j.t 
meafures,  in  their  opinion,  are  necefiary  to  prevent  the  fur- 
ther deflruftion  of  the  fame,  and  to  prefent  an  eftimate  of  th€ 
probable  expenfe  thereof. 


356  RESOLVES,  June  20,  1S09. 

LVIII. 

Refohe  appropriaUng  three  thovfand  dollars  for  jhe  State  Prifon. 

June  20,  1 809. 

Refchsd^  7|iat  his  EKccUency  the  Governour,  by  and  with 
the  confeiit  of  Council,  be,  and  he  is  hereby  authorized  to 
draw  warrants  upon  the  treafurer  of  this  Commonwealth  in  fa- 
vour of  the  fuperintendent  of  the  State  Prifon,  for  fuch  fums 
and  at  fuch  periods  as  he  may  deem  expedient,  not  exceeding 
three  thoufand  dollars,  to  enable  faid  fuperintendent  to  per- 
form his  contrails,  make  fuch  improvements  and  accomoda- 
tions cis  are  necelTary,  and  defray  the  expenfes  of  faid  prifon  the 
prefent  year,  in  addition  to  what  was  granted  by  a  refolve  of 
March  fecond,  eighteen  hundred  and  nine,  faid  fuperintend- 
ent to  be  accountable  for  the  fame. 

LIX. 

Refohe  auihorizhig  the  Secretary  and   Treafurer  io  leafe  the 
Province  Houfe.     y«;2t?  20,  1809. 

Refolved^  That  the  fecretary  and  treafurer  of  this  Common- 
wealth, be  authorized  to  leafe  the  Province  Houfe,  fo  called,  for 
one  vear  froui  the  expiration  of  the  exifting  leafe,  which  will  be 
in  July  next  ;  and  that  they  be  fully  empowered  to  examine, 
and  fmally  adjufl  and  allow  the  accounts  of  Jofeph Bradley,  for 
rcrnirs  made  upon  faid  houfe,  during  his  occupancy  of  the 
fame. 

LX. 

Refolve  propofwg  a?:  amendment  of  the  Confl'iliition  of  the  United 
Sfatex  ^•efpediifig  Embargo,  and fufpcnfion  of  Commerce,  jime 
20, 1809. 

Refolved^  That  the  Senators  of  this  Commonwealth  in  the 
Congrefs  of  the  United  States  be  inflrufted,  and  the  Reprefen- 
tatives  thereof  requefled,  to  uf«.  their  beft  endeavours  to  caufe 
the  following  article  to  be  propofed  by  the  two  Houfes  of  Con- 
grefs to  the  Legiflatures  of  the  feveral  Hates,  as  an  amend- 
ment to  the  Conflitution  of  the  United  States,  that  is  to  fay  : 
No  law  fiiall  be  enaded  for  laying  an  Embargo,  or  for  prohib- 


RESOLVES,  June  20,  iSop.  357 

iting  or  fufpending  Commerce,  for  a  longer  period  than  until 
the  expiration  of  thirty  days  from  the  commencement  of  the 
feflion  of  Congrefs  next  fucceeding  that  feffion  in  which  fuch 
law  fhall  have  been  enafted. 

Be  it  further  Refolvcd,  That  his  Excellency  the  Governour 
be  requefted  to  tranfp^.it  to  each  of  the  Senators  and  Reprefent- 
atives  from  this  Commonweakh  in  Congrefs,  an  attefted  copy 
of  this  Refolution. 

And  be  it  urther  Refohed,  That  His  Excellency  the  Gov- 
ernour be  requefted  to  inform  the  Chief  Magiflrates  of  the 
feveral  ftates  in  the  Union,  of  the  doings  of  this  Legillature  re- 
fpeding  this  fubjetl,  and  requeit  them  to  communicate  the 
fame  to  the  Legillatures  of  the  feveral  States. 


-358  RESOLVES,  June  20,  1809. 


Roll  No.    61 jft^^^^i    1809. 

The  Committee  on  accounts  having  examined  the  feveral 
■accounts,  they  now  prefent, 

KEPOR  r.  That  there  are  due  to  the  Corporations  and 
Perfons  hereafter  mentioned,  the  fums  fet  to  their  names 
refpedively,  which,  wh/n  allowed  and  paid,  will  be  in  full  dif- 
charge  of  the  faid  accounts  to  the  feveral  dates  therein  men- 
tioned, which  is  refpedfuUy  fubmitted. 

THOMAS  HALE,  Fcr  Order. 


Pauper  Accounts, 


D.  C. 


Town  of  Afhfield,  for  boarding,  clothing,  nurfmg 
and  doftoring  James  Wright,  to  the  time  of  his 
death,  and  funeral  charges,  20  53 

Abington,  for  boarding  and   clothing  Thomas  Sey- 

more  to  lil  June,  1809,  26  00 

Adams,  for  boarding,  clothing  and  dodoring  Free- 
man Blakely,  Lydia  Daly's  two  children,  C5ufan- 
nah  Camp  and  nnna  Wallin,  to  22d  May,  1899, 
and  Benjamin  Browning  and  wife  and  children, 
to  8th  June,  1809,  128  yo 

Brookfield,  for  boarding  and  clothing  Sarah  Cook 
and  George  Baflington  to  ill  May,  and  Ihomas 
Boyd  to  I II  June,  1809,  72  94 

Buckiaud,  for  boarding  and  clothing  William  Ne- 
gus to  25th  May,  1809,  28  So 

Bradford,  for  boarding,  clothing  and  dodoring  John 

L.  Alfafle  to  1  ft  June,  1809,  81   6^ 

Barre,  for  boarding  and  clothing  John  C.  Dandrich 

to  2d  June,  1809,  22   y ^ 

Briftol,  for  boarding,  clothing  and  doctoring  William 

Howe  to  lil  June,  1809,  58   50 

Bridgewater,    for   boarding   and    clothing  William 

Blakely  and  Frederick  Bignor  to  14th  June,  1  809,       47   79 

Boxboro',  for  fupporting  John  Mc  Coy  to  the  24th 
May,  1809,  and  dodoring  John  Canada  in  his 
laft  ficknefs,  68  43 

Bolton,  for  boarding  and  clothing  fundry  paupers  to 

jft  June,  1809,  7747  91 


RESOLVES,  June  20,   1809.  353 

Charlton,  for  boarding  Edward  Maden  to  4th  June 

1809,  22  00 

Chefliire,  for  boarding  and  clothing  Ephraim  Rich- 
ardfon  and  ClariiTa  NewLcomb  and  child  to  23d 
May,  1809,  91   86 

Carlille,  for  boarding,  clothing  and  dodoring  Rob- 
ert Barber  to  27th  May,  rSoQ,  24  4r 

Cape  KlJzabeth,  for  boarding  and  clothing  James 
Ramfbottom  and  Abraham  Birks  to  27th  May, 
1 809,  and  George  Jehays  to  the  time  of  his  death, 
including  funeral  charges,  64  oq 

Concord,  for  fupporting  Thomas  White,  Noah 
Farewell,  Robert  Mc  Conville  Francis  Legrofs, 
and  George  Black,  poor  debtors  in  gaol,  to  the 
5th  June,  i  809,  89  79 

Douglas,  for  boarding,  and    clothing  Betty  1  rifle  to 

iSth  May,  1809,  19     8 

Dartmouth,  for  boarding,   clothing  and    do£toring 

Emanuel  Jufl:  and  John  C^anuel  to  20th  May,  1809,     238   51 

Dunftable,    for   boarding,   clothing  and  dotloring 

Margaret  Lane  to  ifl  June,  '809,  '9  54 

Dorchefter,  for  boarding,  clothing  and  dodoring 
Timothy  Mars,  John  Harrifon  and  Lydia  Wy- 
man  to  1  ft  June,  1809,  and  Nancy  Homans,  to 
the  time  of  her  going  out  of  the  Commonwealth,       219  90 

Danvers,  for  boarding  and  clothing  Jane  Duckedy, 
Ruth  Parfons,  John  Brown.  William  Redde,  and 
Mary  Dunkinfield  and  Richard  Neal  to  5th  June, 
1809,  91   gS 

Deblois,  George,  keeper  of  the  Alms  Houfe  in  Bof- 
ton,  to  I  ft  June,  1809, 

Eaft  Hampton,  diftrid  of,  for  boarding  and  clothing 
John  Hall  to  the  ift  June,   1809, 

Granby,  for  boarding  and  clothing  Eben.  Darwin 
and  John  Murry  to  ^oth  May,  1809. 

Gill,  for  boarding,  clothing  and  dodoring  Sarah 
Hambletonto  31ft  May,  1809, 

Greenwich,  for  boarding  IClizabeth  Harrington  and 
child,  and  John  Hay  ward  to  29th  May,  1809,  ^^^ 
William  Rice  to  7th  April,  1809, 

Granville,  for  fupplies  to  George  Taylor  and  Arch- 
ibald Stewart  to  jft  June,  1809, 

Gorham,  for  fupporting  Robert  Gilftlling  to  29th 
May,  1809, 


540 

29 

17 

00 

50 

5 

20 

70 

61 

31 

32 

47 

25 

SO 

36o  RESOLVES,  June  2c,  1809. 

Gorham,  John,  for  dodoring  State   paupers  in  the 

alms  houfe  in  Boflon,  to  14th  May,   1809,  400  00 

Glouccfter,   for    boarding,  clothing  and   doctoring 

fundry  paupers  to  loth  May,  1809,  1128    15 

Hodgkins,  Jofeph,  keeper  of  the  houfe  of  correction 
in  Ipfwich,  for  boarding  and  clothing  Mary,  a 
black  woman,  Aidclaide  lluldah  Hicks,  John 
Squires  and  James  Calhoun  to  6th  June,  1809, 
and  allowance  made  by  the  Court  of  S^ilions  to 
•4th  April,  1809,  380  38 

llopkinton,  for  fupplying  James  Roach  and  Sarah 
Freeman  to  the  time  of  their  death,  including  fu- 
neral charges,  40  40 

llartfliorn,  Oliver,  keeper  of  the  gaol  in  Boflon,  for 
fupporting  fundry  poor  debtors  confined  in  faid 
gaol,  to  21  ft  May,  1809,  141   OQ 

Iludfon,  John,    keeper   of  the  gaol  in   Salem,   for 

fupporting  fundry  poor   debtors    confined  in  faid  -  S 

gaol,  to  27th  May,  1809,  293   20 

Iladley,  fqr  boarding,  nurfing   and   doctoring   Ed-  *i 

ward  Kneeland  to  24th. May,  1809,  64.22 

Hiram,  Diftriift  of,  for  boarding,  clothing  and  doc-       .        'i 
toring  Daniel  Hickey  to  21ft  May,  tScg,  40  00 

liingham,  for  fupporting   and  doctoring    George,  a. 

black  man,  to  1  it  June,  1809,  77 ^^^ 

Linconville,    for  boarding,  clothing  and    docloring  ! 

Alexander  White  to  12th  June,  1809,  32  60 

Laneil)oro'    for    boarding,  clothing  and   doctoring. 

Dent  Harrifonand  Jerufhi  Welfli  to  ift  June, .  809,     132.  86 

Leyden,  for  boarding,  clothing   and  doctoring  Jed-  '' 

•  idiah  Tuller  and  family   and  Elizabeth    Waggon- 
er to  19th  May,  1809,  68  6i 

Lenox,  for  boarding,  clothing  and  doctoring  Abram 
Palmer  and  child,  and  Polly  Tuttfon  to  ioth  ?>lay, 
rSeg,  64  28 

Leicefter,  for   boarding,     clothing    and    doctoring 

Lydia  Dunham  to  id  June,  1809,  54  co 

Middleborough,  for  boarding,    clothing  and  do6tor-    .  ,♦ 

ing  William  Pike  to  loth  April,  i8oq,  61   28 

■^Montague,  for  fupplies  and  doctoring  Jofhua  Searie 

toiythMay,  1809,  Sj   3^ 

Monmouth,  for  fupporting   and   doCtoring   Jofeph 

Richards,  his  wife  and  child  to  4th  Apiil,  1809,        27  24 


RESOLVES,  June  20,  1809.  361 

Marblehead,  for  boarding  and  clothing  fundry  pau- 
pers to  the  5th  June,  1809,  601   35 

Milton,  for  boarding,  clothing,  nurling  and  doc- 
toring Thomas  Webfter,  John,  Murrey  and  Wid- 

•  ow  Wellli  and   children  to  8th  June,  1809,  105  00 
Machias,  for  boarding,  clothing  and  do£i:oring  John 

Hambleton,  William  Henry  and   John    Rothwell 

to  the  time  of  leaving  the  State,  126  13 

New  Salem,  for  fupporting   two  children  of  Olive 

Bedient  to  4th   April,  1809,  46  80 

Norton,  for  boarding,  clothing  and  do6toring  Jofeph 

Pratt  to  the  time  of  his  death,  including   funeral 

charges,  _  ^  ^         ^33  75 

Northiield,  for   boarding,    clothing    and  dodoring 

Richard  Kingfbury  to  26th  May,  1809,  43  81 

Nantucket,  for  fupporting  James  Plato   and   Elenor 

Jones  to  25th  May,  1809,  59  64  , 

Newburyport,  for  boarding,  clothing  and  dodtoring 

fundry  paupers  to  ill  June,  1809,  ^3^5  ^5 

Newbury,  for  boarding  and  clothing  fundry  paupers 

to  I  ft  June,  1809,  633  82 

Needham,  for  fupporting  and  doctoring  John   Rice 

to  the  time  of  his  death  and  funeral  charges,  30  70 

Northampton,  for  boarding,  clothing  and  doctoring 

William  Welfh,  James  Aldrich,  John  Padley,  and 

•  Samuel  Culver  and  family  to  24th  May,  1809,  195  y/ 
Peterfham,  for  fupplies  to  John  Howard  to  the  time 

he  removed  to  Greenwich,  15  25 

Portland,  for  boarding,  clothing  and  do£toring  fun- 
dry paupers  to  ift  June,  1809,  '537  ^^ 

Profpedt,  for  boarding  and  clothing  Anna  Haynes  to 

30th  April,  1809,  40  50 

Ruffell,  for  fupplies  to  John  Newton  and  wife  to  29th. 

May,  1809,  ~  4  94 

Richmond  for  fupporting  Thomas  Watermanto  14th 

March,  1809,  5  58 

Rowe,  for  boarding  and  clothing   Betfey  Carpenter 

to  2d  May,  1809,  26  8^ 

Randolph,  for  fupplies  to  John  Coal   to  6th  ifipril, 

1809,  28  70 

Readfield,  for  boarding,  clothing  and  dodoring  Ed- 
ward Burgefs  to  17th  Mav,  1809,  33  83 

Yy  ■ 


3^2  RESOLVES,  June  20,  1809. 

Swanfea,  for  boardinj^  and  clothing  Thomas  Con- 
nolly to  19th  ?/Iay,  1809,  19  6S 

Springjfield,  for  boarding,  clothing  and  dodoring 
William  Johnfon,  Thomas  Fornes,  and  David 
Kelly  to  the  time  of  their  going  away,  29  35 

St.  George,  for  boarding  and  clothing  Robert  Hawes, 
Eleanor  Matthews  and  William  Benfon  to  2d  June, 

1809,  ^  7^  5^ 

Sheffield,  for  boarding,  clothing  and  dodoring 
William  Mc  Gee  and  Guy,  a  negro  man,  to  loth 
April,  1809,  88  19 

Salem,  for   boarding   and   clothing  fundry  paupers 

to  lit  June,  1809,  3035  68 

Sharon,  for  boarding  and  clothing   Stephen   Flood 

to  ift  June,  1809,  80  30 

Tifbury,  for  boarding,  clothing  and  dodoring  Jofeph 

Alvarez  to  3d  Appil,  1809,  44  00 

Topfliam,  for  boarding  and  clothing  WilHam  Prodor 

to  2d  April,  1809,  28   16 

Topsfield,  for  fupporting  Thomas  Comeford  to  8th 

June,  1809,  ^  _  57  74 

ValTalborough,  for  boarding  and  clothing  James  Lef- 
ter,  to  22d  May,  1809,  and  Abigail  Fairbrother  to 
ift  May,  1809,  125  82 

Wafhington,  for  boarding  and  clothing  Phebe  Clerk, 

to  25th  May,  i8c9,  32  00 

Williamflown,  for  boarding,  clothing  and  doctoring 
Stephen  Blue,  Robert  Morril,  Charles  Mc  Car- 
thyand  Rachel  Galulha  to  23d  May,  1809,  and 
Morris  Fowler  to  the  time  of  his  death,  and  fu- 
neral charges,  142     i 

Windlor,  for  boarding  and  clothing  Henry  Smith, 
and  wife  to  24th  May,  1809,  and  fupporting  Roy- 
al Simmons  to  the  time  of  his  death  including  fu- 
neral charges,  69  29 

Weftern,  for  boarding  and   clothing  Thomas  Boyd 

to  the  time  he  went  to  Brookfield,  23   3© 

Weftford,  for  boarding  and  clothing  Phillip  Jack- 
fon,  Chriftopher  Shepherd,  and  Phylis  Gard- 
ner's children  to  6th  June,  1809,  47  4a 

Warwick,  for  boarding  aiid  clothing  and  dodoring 
Samuel  GrifFeith  to  30th  May,  1809,  5a   15- 

\Vorcelter,for  boarding,  clothing  and  dodoring  Pe- 


RESOLVES,  June  20,  i8of. 


3^y 


ter  Willard,  Henry  Bratz,  John  Melvin  and  wife, 
Samuel  Whittier,  Alexander  Wefly  and  John 
Sampfon  to  ifljune,  1809,  163  2^ 

We  ft  fp  ring  field,  for  boarding  and  clothing  William 
Bell  and  James  Aldrich,  to  21ft  May,  1809,  32  75 

Wrentham,  for  boarding,  clothing  and  dodor- 
ing  Comfort  Lawton,  and  Elizabeth  I  aylor  -and 
daughter  to  loth  June,  1809,  and  David  Blifs  to 
the  time  of  leaving  this  ftate,  and  Henry  Oneal  to 
the  time  of  his  death  and  funeral  charges,  173  87 

Wifcaflet,  for  boarding  clothing  and  do6toring  Hen- 
ry Andrews  John  O  Conner,  John  Brown,  Do- 
nald Frazier,  Joel  Guaganos,  William  Staples  and 
Nicolas  Webber  to  9th  January,  1809,  and  Mrs. 
Andrews  and  Jack  Gould,  to  the  time  of  their 
death  including  funeral  charges,  424  75 


Total  Paupers, 


32753     8 


Military  Accounts. 

Brigade  Majors  and  Aid-de-Camps, 

Goodwin,  Ichabod,  to  ift  January,  1809, 
Gamwell,  Samuel,  to  17th  February,  1809, 
Rufs,  John,  to  30th  May,  1809, 
Tinkham,  Seth,  to  2d  February,  1809, 
Talbot,  Peter,  to  ift  January,    1809, 

Adjutants, 

Allen,  Elifha,  to  19th  April,  1809, 
Appleton,  James,  to  17th  May,  1809, 
Bloflbm,  i\lden,  to  ift  January,  1809, 
Burt,     \bner,  jun.   to  January,  1809, 
Boyd,    William,   to  7th  June,  1809, 
Bayley,  Libbius,  to  gtb  June,  1809, 
Curtis,  David  B.  to  ift  January,  1809, 
Dana,  Ifaac,  to  26th  February,  1809, 
Fiik  Ezra,  to    ift  May,    1809, 
Field,  Seth,  to  27th  May,  1809, 
Green,  William  E.  to  ift  June,  1809, 
Hofmer,  Rufus,  to  4th  June,  1809, 


60  5  a 
10  70 
71  00 

^22   II 


39 

50 

^3 

99 

20 

SS 

38 

32 

78 

50 

51 

35 

35 

IS 

32 

27 

28 

50 

44 

52 

28 

54 

36 

IB 

3^4 


RESOLVES,  June  20,  1809. 


Jewett,  Caleb,  to  June,  1809,  53    7 

K     X,  \lanfon,  to3oth,May,  1809,  29  98 

Lane.  Daniel,  to  January,  1809,  13  92 

L    wet,  John,  to  13th  June,  1809,  53    13 

Lothrop,  Thomas,  to  March,   1809,  34  74 

Ormtfbe,  Abraham,  to  ift  January,  1809,  37   22 

Partridge,  Samuel,  to  28th  January,  1809,  11   39 

Pay  on,  Ebcnezer,  to  21  ft  March,  1809,  20  79 

Sears,  Jofeph,  to  26th  May,  1809,  52  5! 

Thomas,  John  B.  to  June,  1809,  41    29 

Ware,  Jafon,  to  25th  May,  1809,  26  70 

Wafliburn,  Philo  H.  to  24th  May,  1809,  41    89 

Ward,  William,  to  6th  January,  1809,  49   29 

Wei f on,  Jonathan,  to  ift  May,  1809,  21   99 

Dickinfon,  Frederick,  to  26th  npril,  1809,  39  77 

Expe/ifes  for  horfcs  to  haul  Artillery. 

Brick,  John,  to  January,  1809, 

Curtis,  bamuel,  to  22d  September,  180S, 

Dillingham,  Cornelius,  to  13th  January,  1809, 

3''aton,  Jonas,  Jun.   to  May,  1809, 

Matthers,    John,  to  June,  1S09, 

Page,  William,  to  29th  September,  1808, 

Sawyer,  George,  to  5th  Odober,  1808, 

Thatcher,  1  benezer,  to  6th  May,  1809, 

Wiggens,  Joieph,  to  loth  May,  1809, 

Vv'^ales,  Stephen,  to  ift  June,  1809, 

Total  Military,  J 445  4^ 


SriERifi-'s  AND  Coroner's  Accounts. 

Bridge,  Edmund,  for  returning  votes  for  Governour, 
Lieutenant  Governour  and  Senators  to  ift  June, 
1809, 

Cook,  I  homas,  Jun.  for  returning  votes  for  Gover- 
nour Lieut.  Governour  and  Senators,  for  mem- 
bers of  Congrefs  and  order  of  notice  to  Benjamin 
Baffet,  to  23d  May,  1809, 

Follom,  JohnW.  Coroner,  for  the  expenfe  of  taking 
inquifitions  on  the  dead  bodies  of  three  perfons, 
ftrangers,  to  iith  April,  iBop, 


10 

00 

7 

50 

6 

25 

5 

00 

10 

00 

7 

50 

4 

50 

30 

00 

12 

50 

6 

25 

14  56 


;9  6. 


RESOLVES,  June  20,   1809.  365 

Lawrence,  Jeremiah,  Sheriff  of  Nantucket  County, 
for  returning  votes  for  Governour  and  Senators 
to  24th  May,  1809,  ^        10  80 

Learned,  Simon,  Sheriff  of  Berkfhire  County,  for 
returning  votes  for  Governour  and  Senators,  and 
members   of  Congrefs  to  ift  June  1809,  50  40 

Mattoon,  Ebenezer,  Sheriff  of  Hampfhire  County, 
for  returning  votes  for  Governour  and  Senators 
and  members  of  Congrefs  to  i  ft  June,  1809,  25  20 

Mafon,  William,  Coroner,  for  expenfe  of  taking 
inquifition  on  the  body  of  a  ftranger  at  Somerfet, 
22d  June,  1808,  ^7  37 

Partridge,  George,  Sheriff  of  Plymouth  County,  for 
returning  votes  for  member  of  Congrefs  and 
Governour,  and  Senators  to  ift  June,  1809,  29  90 

Smith,  Jonathan,  Coronor,  for  expenfe  of  taking 
.  inqaifition  on  the  body  of  Eli  Field,  a  foreigner, 
on  the  26th  October,  1S08,  16  60 

Ulmer,  George,  Sheriff  of  Hancock  County,  for  re- 
turning votes  for  Governour  and  Senators  tojune, 
1809,  18  96 

Waite,  John,  Sheriff  of  Cumberland  County,  for 
returning  votes  for  Governour  and  Senators  to  ift 
June,  1809,  10  40 

Total  Sheriff's  and  Coroner's  Accounts,  287   11 

Printer's  Accounts. 

Benjamin  Ruffell,  for  fupplying   the  HoufeofRep- 

refentatives,  with  the  Columbian  Centinel  to   the 

4th  March,  i8og,  90  56 

John  Denio,  for  publifhing  a£ls   and  refolves  for  the 

year  1808,  ^    ^  3^  3^ 

Ifaac  Adams,  for  publifhing  acts  and  refolves  to    ift 

January,  1809,  33  33 

Peter  Edes,  for  publifhing  a6ls  and  refolves   to    ift 

June,  1809,  16  67 

E.  W.  Allen,  for  publifhing  ads  and  refolves  to    ift 

Auguft,    1808,  16  6j 

Herman  Mann,  for  publifhing  acls  and  refolves  to 

ift  March,  1809.  16  67 

J.  Park,  for    fuppiying  Repertorys  for  the  Council 

chamber  to  ift  June,  i8c8,  40  40 


^6^  RESOLVES,  June  20,  1809. 

Thomas  Dickman,  for  publifhing  ads  and  refolves 

to  id  of  January,  1809,  16  6"/ 

Pool  and  Palfry,  for  publifhing  acts  and  refolves    to 

May,  1809,  16  67 

Young  and  Minns,  for  printing  for  the  Secretary's 
Adjutant  General's  and  Ireafurer's  office  and 
General  Court  to  13th  June,  1809,  2561   84 

Francis  Douglas,  for  publifhing  reports  and  docu- 
ments on  the  late  Ireafurer  Skinner's  accounts  in 
the  E.aftern  Argus,  29th  March,  1809,  I2  50 

Arthur  Shirley,  for  publifhing  reports  and  documents 
on  the  late  Ireafurer  Skinner's  accounts,  29th 
March,  1809,  12   5* 

Adams  and  Rhodes,  for  publifhing  General  order 
for  a  detachment  of  Militia,  24th  November,  1808,* 
by  order  of  /adjutant  General,  and  for  advertizing 
the  penalty  for  perfons  taking  ftones  or  gravel 
from  Nicks  Mate,  by  order  of  Secretary  of  the 
Commonwealth,  Ji  5® 

Total  Printers,  2879  31 

Miscellaneous  Accounts, 

"XVilliam  Durant,  for  repairing  and  cleaning  of  win- 
dows in  the  State  Houfe  to  7th    June,  1809,  44  79 

William  Gale,  meffenger  to  the  Governour  and  Coun- 
cil, in  full  for  a  balance  due  him  on  his  account 
to  20th  May,  1809,  after  deducing  two  hundred 
dollars,  granted  himefelf  14th  January,  1807,  3  29 

Guardians  of  the  Dudley  Indians,  due  them  in  full 
to  the  24th  May,  1809,  which  fum  the  Ireafurer 
is  directed  to  charge  faid  Indians  with,  and  to  be 
dedufted  from  the  fum  due  them  from  the  Com- 
monwealth, 122  69 

John  Howe,  for  fundry  articles  furniflied  for  the  State 

Houfe  to  27th  May,  1809,  44  88 

John  Davis  and  Jofeph  Story,  for  preparing  and 
fuperintending  the  printing  of  the  third  volume  of 
the  publick  ads  and  making  an  Index  for  the  three 
volumes,  150  00 

William  Spooner,  chairman  of  the  Committee  of  ar- 
rangments,  for  fundry  expenfes  opening  and  clean- 
ing the  meeting  houfe  in  Brattle  Street,  on  the  day 
fet  apart  by  the  Legiflature,  for  humiliation  and 
prayer,  February,  1809,  ^5   ^5 


RESOLVES,  June  20,  1809.  367 

Henry Blaney,  for  fundrys  work  and  materials  for  the 
State  houfe,  and  mending  the  flagging  and  paving 
in  the  yards  to  29th  May,  1809,  7^  7$ 

To  the  committee   appointed  by  the  General  Court 
to  fit  in  the   recefs,  to  confider  the  fubje^l  of  the 
'  Militia  agreeable  to  an  order  palTed  June  1 808,  viz. 
Hon.  Salem  Town,  20 

Hon,  John  L  Tuttle,  t2o 

Ifaac  Maitby,  22   50 

Charles  Davis,  25  87  50 

Charles  P  Sumner,  for  his  fervices  in  preparing  and 
fuperintending  the  printing  the  journals  of  the 
Houfe  of  Reprefentatives  of  June  Seilion,  1807, 
and  January  Seflion,  1808,  by  order  of  the  Houfe,       58  cp 

Jacob  Kuhn,  for  a  balance  due  him  on  the  16th 
June  1809,  over  and  above  three  grants  made 
him  by  the  General  Court,  viz.  one  of  feven  hun- 
dred dollars  the  loth  June,  1808,  and  one  of  two 
hundred  dollars  in  November,  1808,  and  one  of 
three  hundred  and  fifty  dollars  the  28th  day  of 
January,  1809,  115  92 

Sylvanus  Lapham,  for  affifting  the  meiTenger  of  the 

GeneralCourt  to  17th  June  1809,  40  o©. 

John  Perry,  for  affifting  the  Meffinger  of  the  Gen- 
eral Court  to  17th  June  1809,  36  op 

Warren  Chafe,  for  affifting  the  meflenger  of  the  Gea* 

eral  Court  to  17th  June,  1809,  34  00 

Total  Mifcellaneous,  S39  24 

*•        Aggregate  of  Roll  No.  61 — yutic^  iSo^v 

Expenfe  of  State  Paupers,  ^^2,753     8 

Do.           Military,  i>445  4© 

Do.           Sheriffs  and  Coroners',  287   11 

Do.            Printers,  2>879  31 

Do.           Mifcellaneous,  839  24 

Total,  28,204  14 

Refohed,  That  there  be  allowed  and  paid  out  of  the  publick 
treafury  to  the  feveral  corporations  and  perfons  mentioned  in 
this  !<oll,  the  fuins  fet  againft  fuch  corporations  and  per- 
Con's  names  refpeOiively,  amounting  in  the  whole   to  the  fttm 


368  RESOLVES,  June  20,   1809. 

of  twenty  eight  thoufand  two  hundred  and  four  dollars  and 
fourteen  cents,  the  fame  being  in  full  difcharge  of  the  accounts 
and  demands  to  which  they  refer. 

In  Senate^  'June  19th,  1809, 
Read  and  accepted,  and  fent  down  for  concurrence, 

H.  G.  OTIS,  Prejident, 

In  theHoufe  of  Reprefentat'wes,  June  19th,  1809, 
Read  and  concurred, 

TIMOTHY  BIGELOW,  Speaker. 

June  19,  1809,  Approved, 

C.  GORE. 


INDEX 

TO  RESOLVES   OF  JUNE,  1809. 

•     A 
Adams,  Nathan,  refolv^  on  his  petition  325 

B 

-Bradford,  William  B.  empov/ered  to  execute  a   deed  of 

land  in  Minot  326 

,         3         ,  Empowered  to  execute   a  deed  to 

Julia  Ann  and  Mary  Keith  Cufliing   328 
Badger,   Thomas   Col.    refpefting    Legionary   Brigade, 

Bofton  2)3^ 

Bazin,  Abraham,  authorized  to  execute  a  deed  to  Ptlary 

Hewes  340 

Butterick,  G.  Horatio,  40  dollars  43  cents  allowed   for 

land  for  gun  houfe  in  Lancafler  345 

Barker,  John,  and  others,  refolve  on  their  petition  349 


Council,  Senate  and  Houfe  of  Reprefentatives,  refolve  for 

paying  members  of  325 

Counties,    Briftol,  Plymouth,   Kennebeck,  Lincoln  and 

Oxford,  taxes  granted  to  335 

Chamberlain,  Jacob,  difcharged  from  an  execution  335 

Clerks  in  Secretary's  and  1  reafurer's  office,  their  pay  ef- 

tabliflied  342 

Clerks    Court  of  Seffions,  direcled   to  deliver   files  and 

records  to  Clerk  of  Court  of  Common  Pleas  346 

Committee  on  accounts,  refolve  for  paying  348 

Clerks  of  the  General  Court,  refolve  for  paying  34^ 

Gonflitution  of  the  United  States,  refolve  to  amend,  re- 

fpe<iting  Embargo  330 

Zz 


INDEX. 

D 

l)rake,  JeflTe,  Mary  Gay  and    Melzer  Thomas,  authoriz- 
ed to  convey  certain  minor's  right  to  defcribed  land       344 


iFgleflon,   Azariah,  400  dollars   granted  for  fervices  as    pay- 
paymafter  of   ift  MafTachufetts  Regiment  349 

Ely,  Juflin,  jun.   authorized    to   convey  to  John    Gates, 
his  wife's  right  in  a  trad  of  land  338 


Fowler  Simon,  to  convey  to  Conelius  Brown  half  an  acre 
of  land  in  Orrington         *  233> 

Fort  Point  Feny,  Mafon  Shaw  authorized  to  call  a  meet- 
ing of  the  proprietors  327 


Gilead,  town  meetings  rendered  valid  332 

Goveriiour,  Lieutenant,  Secretary  and  Treafurer,falaries 
granted  353 

H 

Haverhill,  Firft  Paiifli  authorized  to  fell  land  327 

Hemmenway,  Adam,  and  Abel  Eaton,  treafurer  direded 
to  receive  a  certain  note,    &c   in    difcharge   of  execu- 
tion 354 
Hamplhire,   Miflionary  Society,  granted   150  dollars  for 
fupport  of  Lazau  Williams                                                 334 

J 

Jackfon,  Henry,    his  executors   authorized  to  convey  to 

Samuel  Smith  one  Ihare   in  the  Bofton   iheatre  331 

Joy,  Benjamin,  refolve  on  his  petition  346 

Indians,  Marfhpee,  deed  of  400  acres  of  land  for  a  par- 

fonage  confirmed  35^ 

Jones,  Coffin  John,  refolve  on  his  petition  350 

Ifland,  Hofpital,  wharf  to  be  repaired  355 

llland,  Rainsford,  committee  to  examine  the  ftate  of  the 

CorcLmonwealth's  property  in,  &c.  355 


INDEX. 

Ifland,  Rainsford,  Quarter  Mafter  General  to  furnifh  ar- 
ticles for  Hofpital  347 

K 

Kellog,  Abner,  and  Amos,  difcharged  from  their  recog- 
nizance 332 
Kuhn,  Jacob,  grant  to  purchafe  fuel  348 
Kuhn,  Jacob,  350  dollars  granted  in  addition  to  his  falary  352 


Lapham,  Sylvanus,  25  dollars  allowed  to  347 

LithgoWj  Arthur,  Efq.  grant  to  354 

M 

Marblehead,  Governour  authorized   to  raife  a  Light  In- 
fantry Company  $^y 

N 

Norris,  Ephraim,  releafed  from  a  recognizance  326 

Nick*s  Mate,  a  fum  granted  to  repair,  and  agent  appoint- 
ed ...  35* 
Norridgewock,  Attorney  and  Solicitor  General,  direded 
relative  to  return  of  votes  for  Governour  and  Lieuten- 
ant Governour                                                                    334 


Parkman,  Samuel,  and  William  B.  Bradford,  authorized 

to  execute  a  deed  to  Nathan  Woodbury  330 
Parker,  Samuel,  adminiftator  on  the  eftate  of  Simon  Gil- 

fon,  refolve  on  petition  337 

Pierce,  John,  30  dollars  granted  to  339 

Prefcott,  Abigail,  refolve  on  her  petition  340 

Payfon,  David,  and  others,  refolve  on  their  petition  340 
Preble,  Eben.   refolve  on  his  petition,  relative  to  land  in 

Portland  34^ 

Prifon,  State,  3000  dollars  appropriated  for  2>5^ 
Province   Houfe,   Secretary  and  Treafu.rer  anthorized  to 

leafe  35^ 


INDEX. 

R 

Riddle,  Samuel,  grant  to  for  apprehending  Aaron  Gould  331 

Robinfon,  Jefl'e,  50  dollars  gram  to  336 

Reeves,  Jacob,  to  file  an  affidavit  352 

Roll  No.  61,  of  committee  on  accounts  358 


Sedgwick,  Theodore,  grant  to  for  profecuting  libels  againfl 
abfentees' eftates  -^'^i 

Skinner,  Benjamin,  refolve  for  divifion  of  certain  real 
eftate  35} 


Tedder,  John,  30  dollars  granted  to  for  removing  Gun 
houfe  in  Marblehead  341 

Treafurer,  State,  CommifTioners  appointed  to  fettle  ac- 
counts of  ^  342 

Tirxel,  Lydia,  empov^^ered  to  convey  certain  real  eflate 
to  John  Dale  345 

w 

Wales,  Jofeph,  of  Lancafler,  refolve  on  his  petition  329 

Wilder,  Crocker,  150  dollars  and  a  penfion  granted  to      333 
"Wyman,  Hezekiah,  of  Bath,  refolve  on  his  petition  338 


5^egCll\)E6, 


Of  the  General  Court  of  Massachusetts^ 

PASSED  AT    THE  SESSION    BEGAN  AND    HOLDElSt    AT  BOSTONj 
ON  THE  TWENTY-FOURTH  DAY   OF  JANUARY, 

IN  THE  YEAR  OF  OUR  LORD  ONE   THOUSAND  EIGHT  HUNDRED 

AND  TEN. 


^=351^55^:^ 


GOVERNOUR'S    SPEECH. 


REPRESENTATIVES      CPIAMBER,    JAN.    25. 

At  the  hour  appointed.  His  Excellency  the  Governour  came  in,  ac- 
companied by  his  Council,  the  Secretary  of  the  Commonwealths, 
and  other  officers  of  government,  and  delivered  the  following 

SPEECH: 

GkJfriiMEN  6f  the  Senate,  and 

Gentlemen  of  the  House  of  REPRfssNTATirsSt 

JL  HE  firft  Seflion  of  the  Legiflature  is  generally  and 
neceflarily  fo  fhort,asto  occafion  the  poitponement  of  much  bufi- 
nefs  to  the  winter,  which  affords  more  leifure  for  patient  dif- 
cuflion  and  jufl  decifion. 

The  various  fubjefts  referred  to  this  time,  with  fuch  others  a& 
may  be  brought  forward,  will  now  doubtlefs  receive  your  candid 
attention. 

Complaints  are  fometimes  apt  to  arlfe,  that  a  confiderable  por- 
tion of  Legiilative  labour  is  devoted  to  applications  of  individuals, 
Aaa 


•/ 


374  GOVERNOUR'S  SPEECH. 

hence  called  private  bufmefs  ;  but  when  thefe  (hall  appear  to  be 
for  the  purpofe  of  combining  the  wealih  and  indullry  of  our 
citizens,  under  the  fandion  of  law,  to  promote  objecls,  which 
involve  theintereft  of  Agriculture, Manufactures  and  Commerce, 
and  thereby  increafe  the  population  of  the  State,  the  means  of 
mduftry,  and  the  comforts  and  conveniences  of  all,  they  will  be 
c6nfidered  as  entitled  to  your  mature  dehberation  ;  and  your 
patronage  will,  undoubtedly,  be  extended  to  fuch,  as  do  not  in- 
terfere with  thole  principles,  which  experience  has  decided  to  be 
falutary  to  thepublick  weal,  nor  infringe  the  unchangeable  rules 
ofjuftice;  a  ftridl  obfervance  of  which  is  not  lefs  neceifary  to 
thofe  who  feek  to  mend  their  condition,  than  to  thofe  who  ex- 
ped:  fecurity  for  their  rights. 

It  is  underflood  that  the  provifions  in  the  third  feftion  of  an 
a£t  for  the  limitation  of  certain  real  adions,  and  for  the  equitable 
fettlement  of  certain  claims,  arifing  in  real  adlions,  have  occa- 
fioned  the  fatisfadlory  termination  of  many  vexatious  contro- 
verlies.  It  may  hov/ever  deferve  the  attention  of  a  wife  Legif- 
lature,  to  confider  the  expediency  of  making  thofe  provifions 
more  effedual,  by  allovving  to  the  fettler  a  further  time,  for  pay- 
ment of  the  appraifed  value,  on  his  giving  reafonable  fecurity  for 
discharging  the  fame,  with  the  cods  of  fuit,  at  the  difcretion  of 
the  court  in  which  the  fuit  may  be  pending  ;  ^nd  that,  on  giving 
fuch  fecurity,  judgment  may  be  entered  for  the  fettler. 

Among  the  fubjecls  of  a  more  general  and  publick  nature, 
none  has  higher  claim  to  your  ferious  reflections,  than  the 
laws  relating  to  the  Militia.  To  a  free  people  this  is,  at  all 
times,  an  interefting  concern.  In  the  peculiar  and  perilous  (late 
of  our  Foreign  Relations,  it  would  be  the  extreme  of  delufion  to 
confider  war  improbable.  The  defencelefs  condition  of  our  ex- 
tenfive  frontiers,  and  the  fmallnefs  of  our  naval  force,  leave  no  hope 
of  preventing  invafion,  or  of  refifling  an  enemy,  until  landed  on 
our  foil.  In  fuch  an  event,  our  immediate  reliance  mufl:  be  on 
the  militia  of  the  State.  To  render  this,  then,  to  fay  the  leaff, 
our  firll  refource  for  defence,  as  efficient  as  pofTible,  is  not  mere- 
ly the  dictate  of  prudence,  but  the  imperious  call  of  a  neceflity, 
5mpofed  by  circuniilances,  over  which  we-may  have  no  control. 


GOVERNOUR'S  SPEECH.  375 

In  the  courfe  of  the  autumn,  I  attended  the  review  of  two 
Brigades,  being  all  the  Brigade  reviews  of  which  I  had  any 
.knowledge  ;  the  firft  of  General  Wood^s,  of  the  i  ith  Divifion  j 
and  the  other  of  General  Goodale's  of  the  fecond.  The  order, 
regularity,  and  difcipline,  exhibited  on  the  occafions,  reflected 
much  honour  on  the  Officers  and  Soldiers,  that  compofed  the 
Brigades. 

In  the  month  of  September,  feveral  perfons  were  committed 
toprifon  in  the  County  of  Kennebeck,  on  a  charge  of  Murder, 
Shortly  after  their  commitment,  apprehenfions  were  entertained 
that  a  dangerous  infurredion  would  be  excited,  for  the  purpofe 
of  obftrudting  the  courfe  of  juftice,  by  an  attempt  torefcue  the 
prifoners.  The  Juftices  of  the  Court  of  Common  Pleas,  and 
the  fheriff  of  the  county,  with  a  due  regard  to  the  truft  devolved 
upon  them,  from  the  diftance  of  the  Commander  in  Chief,  on 
the  fourth  of  October,  certified  to  Major  General  Sewall, 
commanding  the  8th  divifion  of  Militia,  that  it  was  neceflary 
that  a  force  confifting  of  three  hundred  men,  ihould  be  inftantly 
raifed,  and  called  forth,  for  the  fuppreflion  of  the  apprehended 
infurredion.  On  which  the  Major  General  detached  that  num- 
ber of  Militia,  armed  and  equipped  according  to  law.  Notice 
of  this  application,  and  of  the  doings  of  the  Major  General  was 
immediately  tranfmitted  to  the  Commander  in  Chief,  who 
iflued  fuch  orders  as  were  authorized  by  law,  and  as  the  ex- 
igency of  the  cafe  required. 

Aware  of  the  neceffity  of  infuring  a  due  admlniftratlon  of  the 
laws,  and  not  infenfible  to  the  duty  of  rendering  the  fervice  as 
little  burthenfome  as  pofiible  to  the  publick,  and  to  the  individ- 
uals, who  were  fubjed  to  be  detached,  and  prefuming  on  the 
effect  of  the  good  difpofitions  which  were  manifefled  by  the 
citizens  of  that  county,  to  prevent  all  obflrudions  to  the  regular 
courfe  of  juftice,  and  of  the  promptitude  and  alacrity  of  the 
Militia,  in  obeying  the  orders  of  the  Major  General,  it  was 
thought  advifeable  to  dired  a  detachment  of  one  hundred  and 
fiity  men  only,  with  permiiTion  to  General  Sewall,  if,  on  con- 
fultation  with  the  Magiltrates  and  Sheriff,  half  that  number 
Ihould  be  deemed  fufficient  to  be  on  adual  duty,  to  relieve  the 
men  by  turns,  or  in  fuch  way  as  he  might  judge  proper.     The 


y]^  GOVERNOUR'S  SPEECH. 

Maglftrates  and  Sheriff  having  certified  to  the  Major  General, 
that  one  hundred  men  would  be  fufficient  for  the  purpofes  in- 
tended, he  permitted  all,  above  that  number  to  return  home. 

So  foon  as  the  neceffity  for  a  military  force  ceafed,  the  troops 
that  had  been  called  forth,  were  releafed. 

All  the  papers  refpeding  this  tranlaction  will  be  laid  before 
the  Leglflature,  and  it  is  confidently  hoped,  that  a  proper  re- 
gard to  the  neceffity  of  rendering  the  laws  fupreme,  the  econo- 
my of  publick  money,  and  of  the  time  and  fervices  of  individuals 
will  appear  to  have  guided  the  condud;  of  all,  who  were  called 
to  aft  in  this  unhappy  bufinefs. 

1  o  the  officers  and  men  who  were  detached,  great  praife  is 
due,  lor  the  promptnefs  with  which  they  obeyed  the  call  of 
their  country  ;  and  the  order  and  difcipline,  which  they  evinced 
on  duty,  manifeded  a  jufl  fenfe  of  their  obligations  as  citizens 
and  foldiers. 

An  account  of  the  expenfes  incurred  on  this  occafion,  will  be 
prefented,  when  it  will  be  ior  the  Lcgiflature  to  make  luch  pro- 
vifions  for  defraying  them,  as  juftice  requires. 

While  it  is  a  matter  of  deep  regret,  that  any  of  our  country- 
men fhould  be  fo  abandoned  as  to  make  attempts  againft  the 
free  courfe  of  juflicc,  on  which  the  rights  of  all  depend,  it  mull 
afford  great  latisfaclion  to  reflect  that  the  circumftanccsattcndT 
ing  this  tranfadion  were  of  a  nature  to  deprive  fuch  ihoughilefs 
n:ien  of  all  hopes  of  fuccefs. 

Of  the  duties  v.hich  the  Reprefcntatives  of  a  free  people  have 
to  perform,  none  can  be  more  plealant  than  that  of  preferving 
the  lives  and  health  of  their  fellow-citizens.  Experience  in  liie 
"United  States,  as  well  as  in  Europe,  fecms  to  have  eliablifiied  a 
fad,  that  the  KinePock  is  a  fafe,  mild,  and  complete  preveiuive 
of  that  loathiome  difeafe,  the  Sniall  Pox. 

The  condudofthe  town  of  Milton,  in  caufing  the  inocula- 
tion of  many  of  their  inhabitants  with  the  Kine  Pock,  and  in  ttf- 
ting  its  certainty  as  a  preventive  of  the  fmali  pox,  appears  to  have 
been  regulated  with  lo  much  prudence,  wildom  and  caution,  as 
to  render  it  V'-  orthy  of  the  moit  publick  notoriety. 

A  recital  of  their  doings,  which  has  been  communicated  to 
jne,  ffiallbptr^nlmiued  to  the  Legiflature. 


GOVERNOUR'S  SPEECH.  377 

In  obedience  to  a  Refolve  of  the  twentieth  of  June  lafl,  pro- 
pofing  an  amendment  of  the  Ccnftirution  of  the  United  States, 
refpeding  Embargo  and  fufpenfion  of  commerce,  a  copy  of  the 
fame  was  tranfmitted  to  the  Chief  Magiftrates  of  the  feveral 
States,  in  the  Union,  with  arequedthcit  the  i^ime  might  be  com- 
municated to  the  Legiflatures  of  fuch  States.  The  anfwers  which 
have  been  received  will  be  fent  to  the  Legiflature. 

At  the  lad  feffion,  we  had  the  happinel's  of  mutual  congratu- 
lation on  the  profpeft  of  an  amicable  adjultment  of  our  national 
differences,  with  one  of  the  great  belligerents  of  Europe,  and  of 
a  revival  of  our  commerce,  fo  eifential  to  the  profperity  of  this 
Commonwealth.  Subfequent  events  ihev^/  our  relation  to  the 
powers  at  war  to  be  in  a  mofl:  critical  and  alarming  (late. 

Although  our  commercial  and  foreign  concerns  are  confided 
to  the  government  of  the  Union,  yet  fo  deeply  involved  are  we, 
in  every  thing  that  regards  them,  that  the  exerciie  of  all  confti- 
tutional  means,  either  to  prevent  the  calamities  that  threaten  us, 
or  ro  prepare  to  meet  them,  in  a  becoming  manner,  is  a  duty 
too  imperative  to  be  neglected.  Having  done  all  in  our  power, 
to  thefeends,  we  may  humbly  rely  on  that  Divine  Providence, 
which  has  fo  fingularly  interpofed  to  relieve  our  country  from 
impending  danger,  to  all  human  eyes,  inevitable  and  overwhelm- 
ing. It  would  be  fuperfiuous  in  me,  again  to  recoujmend 
candour  and  prudence  in  difculTion,  always  neceflary  to  a  wife 
and  happy  relult.  Every  one  muft  fee  that  in  the  prefent  por- 
tentous crifis  of  our  affairs,  thefe  qualities,  with  a  difmterefted 
elevation  above  all  party  fpirit,  are  indifpenfable  to  the  fafety 
of  our  deareft  rights  and  beft  interefls. 

The  principles  which  I  took  the  liberty  of  fubmitting  to 
your  notice  the  lafl  ftfTion,  and  of  avowing  as  the  rule  of  my 
own  condud,  have  invariably  guided  the  Executive,  in  the  per- 
formance of  all  its  daties  ;  and  while  I  have  the  firm.cfl  convic- 
tion that  they  arejuit  in  themfelves,  and  that  a  fcrid  adherence 
to  them  in  all  v/no  adminider  the  Government  is  necelfary  to 
preftrve  the  rights  of  the  people, and  the  conflitution  under  which 
;we  ad,  1  can  cnttrtain  no  doubt  of  their  infiueiice  on  all  your  de- 
lioerations  ;  mid  that  the  refuli  of  your  labour  will  advance  the 
prosperity  uf  the  citizen,  and  fecure  the  dignity  of  the  Common- 
wealth. CHRISTOPHER  GORE. 


S78  ANSWER  OF  THE  SENATE. 


ANSWER  OF  THE  SENATE. 


MAY   IT    PtEASE    YOUR    EXCELXENCY, 

1  HE  Senate  have  received  the  Communication 
which  your  Excellency  has  been  pleafed  to  make,  at  the  open- 
ing of  the  Seflion,  with  thofe  emotions  which  the  interefting 
circumftances  of  our  affairs  arc  calculated  to  infpire. 

It  is  one  of  the  mod  pleafant  duties  of  Legiflators  to  promote 
the  well  direfted  enterprize  and  induftry  of  our  citizens  ;  and 
the  Senate  will  afford  all  the  encouragement  to  individual  ap- 
plication, "  involving  the  intercjis  of  Agriculture,  Manvfuclur£s 
and  Commerce^*  which  can  be  properly  and  conftitutionally  ex- 
tended. 

The  fuggeftion  of  your  Excellency,  in  refped  to  the  expe- 
diency of  allowing  to  fettlers  further  time  for  the  appraifed  val- 
ue of  lands  in  controverfy,  fliall  have  the  deliberate  confidera- 
tions  of  the  Senate  ;  and  they  will  readily  adopt  any  provifions 
for  the  relief  of  that  clafs  of  our  citizens,  which,  confiftently 
with  the  rights  of  the  proprietors,  (hall  appear  to  be  juft:  and 
-feafonable. 

The  m.eafures  taken  by  your  Excellency,  as  Commander  in 
'Chief,  to  prevent  a  dangerous  infurredion,  which  it  was  juffly 
apprehended  would  have  taken  place  in  the  county  of  Kenne- 
beck,  evince  that  wifdom,  prudence  and  firmnefs,  that  economy 
of  the  publick  money,  that  regard  to  the  publick  fafety  and 
convenience,  for  which  your  Excellency  is  To  eminently  conf 
fpicuous.  The  Senate  unite  in  opinion  with  your  Excellency, 
that  great  praife  is  due  to  the  officers  and  men  who  were  de- 
tached for  that  fervice,  and  will  readily  concur  in  iuch  provifion 
for  the  payment  of  the  £xpenfes  arifing  on  that  occafion,  as  juf- 
tice  fliall  require. 


mSWER  OF  THE  SENATE.  379- 

The  various  other  nmnicipal  concerns,  to  which  your  Excel- 
lency has  been  pleaXed  to  refer,  fhall  receive  the  refpedful  atten- 
tion of  the  Senate. 

The  people  of  this  Commonwealth,  believing  it  to  be  the  in- 
difpenfable  duty  of  the  States  to  contribute  to  the  exigencies  of 
the  Union,  have  been  accuftomed  to  confider  it  as  a  reciprocal 
duty  of  the  general  government  to  provide  for  the  coimnon  de- 
fence. And  knowing  that  the  United  States  contain  the  moft 
ample  naval  and  military  refources ;  and  confidering  the  immi- 
nent dangers  which  threaten,  we  cannot  but  exprefs  our  deep- 
eft  concern  that  our  extenfive  frontiers  are  fo  defencelefs,  and 
our  naval  force  fo  utterly  incompetent  to  the  purpofes  of  na- 
tional fecurity,  and  unbecoming  the  juft  claims  and  the  dignity 
of  our  country.  In  this  alarniing  fituation  of  our  publick  af- 
fairs, our  immediate  reliance  mult  be  had  on  the  militia  of  the 
Btafe,  and  we  affure  your  Excellency,  that  *'  to  render  this,  to  fay 
the  leajl^  our  jirft  refourcefor  defence  as  efficient  as  pojjtble,*'  we  con- 
fider to  be  '*  ?iot  merely  the  didate  of  prudence,  but  the  imperious 
eall  of  a  necejjlty,  impofedby  eircumjiames^  over  which  we  may  have 
P^o  control." 

•  The  policy  of  the  United  States  was  peace.  To  preferve 
this  blefling,  it  became  neceifaryj  not  only  to  defend  the  rights 
of  Neutrality,  but  to  refpefb  the  rights  of  Belligerents.  The  Fed- 
eral adminiftration  did  not  originally  reft  fatisfied  with  the  ap- 
peals to  the  reafon  only,  of  the  great  powers  at  war  ;  but 
made  adequate  provifion,  and  manifefted  a  determination  to- 
maintain  the  rights  of  their  country  by  the  fword.  Hence  re- 
fulted  a  ftate  of  national  glory,  and  of  unexampled  profperity. 

It  would  unqueftionably  be  the  policy  of  a  neutral  nation  to 
fubmit  to  the  inconveniencies  neceffarily  incident  to  collifions  be- 
tween belligerents  and  neutral  rights  ;  but  a  neutral  polTeffing 
the  means  of  refiftance,  and  yet  acquiefcing  in  fuch  aggrcilions 
of  the  one  party  to  the  war,  as  would  juftify  meafures  of  retal- 
iation by  the  other,  muft  be  confidered  as  having  abandoned 
or  forfeliL'd  its  neutral  pofition  and  privileges.  The  people  or 
this  ftate  will  fupport  with  their  accuftomed  energy  and  pompli- 
tude,  the  meafures  necefiary  to  maintain  an  honeft  Neutrality  i 


3S0  ANSWER  OF  THE  SENATE. 

even  if  they  (hould  involve  a  juft  but  neceflary  war  ;  dut  such 

A  WAR  ONLY    WILL  HAVE  THEIR    ENCOURAGMf.N  T. 

While  we  concur  with  your  excellency  in  opinion  "  that  in 
the  *'  peri  ousjlate  of  our  foreign  relations  it  would  be  the  extreme 
ef  delufton  to  conjider  war  as  improbable ^^*  we  are  obliged  frankly 
to  declare  our  apprehenfion  that  this  war  will  inevitably  lead  to 
an  alliance,  which  would  be  the  prefage  of  deftruclion  ;  that 
this  war  is  menaced  againfl  a  nation,  which  oppofes  the  only 
barrier  to  the  necefiity  of  an  immediate  conflict  with  the  tremen- 
dous power  and  defpotifm  of  France,  which  has  already  over- 
whelmed the  liberties  of  the  old  world. 

And  when  it  (hall  appear  that  the  Adminiftration  of  the 
General  Government  purfue  a  policy  towards  the  great 
Belligerent  powers,  which  feems  to  conceal  and  palliate 
the  wrongs  and  the  infults  of  the  one,  and  to  magnify 
the  injuries  and  difcolour  the  views  of  the  other — to  fubmit  to 
the  cruel  aggreflions  of  the  one,  committed  in  contempt  and 
violation  both  of  Treaty  and  the  Publick  Law  ;  and  to  refufe  to 
accept  from  the  other  parts,  reparation  for  unauthorized  injury, 
and  proffers  of  adjuftment  that  might  be  reafonable  and  juft  : 
The  People  of  this  Commonwealth  will  confider  it  "  a  duty 
too  imperative  to  be  yiegleded,  to  exercife  all  conjiitutional  means^ 
either  to  prevent  impending  calamities y  or  to  prepare  to  meet  them  in 
a  becoming  manner** 


ANSWER  OF  THE  HOUSE.  J«i 


ANSWER  OF   THE   HOUSE. 


May  it  please  your  excellency, 

1  HE  Houfe  of  Reprefentatives  have  confidered 
your  Excellency's  Speech  to  the  two  branches  of  the  Legilla- 
ture,  with  all  that  attention  which  is  demanded  by  the  impor- 
tance of  the  fubjefts  it  embraces.  Although  great  and  inter- 
efting  publick  concerns  will  always  have  the  firfl:  place  in  their 
deliberations,  they  are  difpofed  to  devote  all  the  time  and  at- 
tention that  may  be  necelTary  to  the  applications  of  individuals, 
in  cafes  which  require  the  interpofition  of  the  Legiflature. 
Such  interpofition  is  often  rendered  neceflary  by  the  imperfec- 
tion which  is  natural  and  inevitable  in  every  general  fyftem  of 
Laws.  And  when  the  petitions  of  individuals  are  warranted  by 
principles  of  juftice,  and  confident  with  the  rules  of  publick  pol- 
icy ;  when  efpecially  their  objedls  tend  to  advance  the  interefls 
of  Agriculture,  Manufaclures  and  Commerce,  to  increafe  the 
means  and  the  produdls  of  induftry,  and  promote  the  comfort 
and  happinefs  of  the  citizens,  they  are  not  only  entitled  to  pa- 
tient and  mature  deliberation,  but  may  juftly  claim  the  patron- 
age of  the  government. 

The  Houfe  of  Reprefentatives  are  happy  to  learn  from  your 
excellency  that  fome  good  effects  have  been  produced  by  the 
late  act  for  the  limitation  of  real  aclions  and  for  the  equitable 
fettlement  of  certain  claims  arifing  therein.  Whatever  differ- 
ence of  opinion  may  have  exifted  as  to  the  expediency  or  ne- 
ceffity  of  the  act  referred  to,  fome  of  its  principles  have,  it  is  be- 
lieved, met  with  general  approbation.  I'he  Houfe  of  Repre- 
fentatives will  readily  concur  in  fuch  alterations  as  may  be  ne- 
ceffary  to  remedy  any  defeds  that  exill  in  this  law,  or  to  render 
its  operation  more  juft  and  equitable. 
Bbb 


332  ANSWER  OF  THE  HOUSE. 

The  due  regulation  of  the  militia,  at  all  times  an  intereding 
concern  to  a  free  people,  moil  peculiarly  demands  our  atten- 
tion when  aforei.-n  war  is  confidered  probable,  and  while  other 
modes  of  defence  are  not  yet  provided.  If  circumftances  be- 
yond our  control  fliould  difturb  the  pubhck  tranquillity  ;  a  nu- 
merous and  Wfcll  difclplined  militia  will  prove  at  leafl:  a  tempora- 
ry defence  again(t  danger,  from  whatever  quarter  it  may  come. 
We  are  happy  to  be  informed  by  your  Excellency  of  the  good 
order  and  difcipline  of  that  part  of  the  militia  which  vou  have 
had  an  opportunity  to  view  ;  and  we  fhall  cheerfully  concur  in 
any  neceffary  meafures  to  render  this  refource  for  defence  llill 
more  efficient. 

The  Houfe  of  Reprefentatives  have  heard  with  deep  regret 
of  the  attempts  lately  made  in  the  county  of  Kennebeck,  to 
obftruci  by  force  the  regular  courfe  of  juftice.  It  affords,  how- 
ever, great  pleafure  to  refled  that  this  Ipirit  of  difaffedion  was 
confined  to  fo  few  individuals  ;  that  the  citizens  of  that  county 
in  general,  and  efpecially  the  civil  and  military  officers  who 
were  called  to  acl  on  the  occafion,  manifefted  fo  much  alacrity 
in  fupporting  the  dignity  of  the  government  and  maintaining 
the  fupremacy  of  the  laws  ;  and  that  the  iffue  of  the  tranfac- 
tion  was  fuch  as  to  leave  no  hopes  of  fuccefs,  to  any  future 
combination  ot  a  fimilar  nature.  Indeed  the  nefarious  nature 
of  the  attempt  can  be  equalled  only  by  the  extreme  temerity, 
which  could  lead  a  few  difcontented  individuals  to  expert  to  pre- 
vail by  force  againft  the  colleded  (Irengih  ot  the  Common- 
wealth. The  rights  of  all  the  citizens  depend  on  the  fubmiffion 
of  all  to  equal  and  permanent  laws.  Civil  liberty  and  the 
rights  of  property,  confift  in  the  reftraint  impofed  by  law  on 
the  reftlefs  and  unprincipled  members  of  the  community.  Ev- 
ery good  citizen  is  therefore  promoting  his  private  intereft, 
as  well  as  performing  a  publick  duty,  when  affiiting  to  enforce 
the  free  and  regular  adminiftration  of  juftice. 

The  people  of  this  commonwealth  are  raoft  deeply  concerned 
in  the  change  which  has  taken  place  in  our  national  affairs,  fmce 
the  laft  feffion  of  this  legiflature.  If  the  United  States  fhould 
be  involved  in  war,  it  is  obvious,  that  not  only  the  facrifices 
and  privations  occafioned  by  it,  v  ould  fall  moff  heavily  on  the 


ANSWER  OF  THE  HOUSE.  3«^ 

commercial   ftates  ;  but  alfo   the  refources  to  maintain  fuch  a 
■war  muft  be  drawn  principally  from  them.     But  however  great 
might  be  the  exertions  and  artifices  required  in  a  juft  and  ne- 
ceflary  war,  we  confidently  truft  that  the  people  of  this  Com- 
monwealth would  always  cheerfully  iultain  them  ;  and  forget- 
ing  all  party  diftinclions  and  local  interefts,  would  cordially  u- 
nite  to  maintain  the  rights  and  vindicate  the  honour  of  the  na- 
tion.   In  fuch  a  flate  of  things,  the  adminiflration  will  be  encoufr 
aged  and  flrengthened,  by  that  approbation  of  their  meafures, 
which  every  patriotick  citizen  will  readily  beftow.     But  when 
on  the  other  hand,  the  people  are  alarmed  by  the  profpeft  of  a 
war,  thejuftice  and  necefTity  of  which  they  do  not  clearly  per^ 
eeive  ;  it  is  their  folemn  duty  as  well  as  right  to  exprels  thefe 
opinions  frankly  and  unequivocally.     With    thefe  impreffions 
the  Houfe   of  Reprefentatives  cannot  refrain   from  declaring 
iheir  deep  anxiety  and  concern  at  the  late  rupture  of  the  nego- 
tiation with  the  minifter  of  one  of  the  beUigerent  nations.     At 
the  termination  of  even  a  profperous  war,  we  fhall  ftill  have  the 
prefent  differences  to  be  compromifed  and  fettled  by  amicable 
negotiation  ;    and  it  cannot  be  prefumed  that  after  a, long  and 
fanguinary  conflid,  either  party  will  enter  on  the  difcufiion  with 
feelings    more  conciliatory  than  thole  which   now  aduate  them. 
When  therefore  all  that  can  be  reafonably  expeded  from  fucceflf- 
ful  war,  feemed  to  have  been  attainable  by  treaty  ;    at  the  mo- 
ment when  the  minifter  referred  to  was  producing  full  powers 
from  his  Government,  to  fettle  amicably  and  permanently  all  the 
controverfies  between  the  two  countries,  it  is  in  a  high  de^rree 
diftrefTmg  to  fee  the  negotiation  broken  off,  for  £aufes  which  we 
are  unable  to  comprehend. 

We  are  far  from  imputing  to  our  national  rulers  any  intention 
ordefire  to  involve  us  in  Vv^ar;  but  iheconfequencesof  this  rupture 
may  not  be  under  their  control,  and  may  lead  unhappily  to  that 
calamitous  IfTue.  The  fubfequent  ads  and  meafures  of  the  Gov- 
ernment are  not  calculated  to  quiet  thefe  apprehenfions,  nor  do 
they  appear  to  us  to  promife  areftoration  of  friendly  intercourfe. 
Invidious  rellridions  on  the  trade  of  foreign  nations,  with  whom 
we  are  commercially  connected,  naturally  tend  to  produce  retal- 
iation on  their  part ;  and  every  ad  even  of  felf-defence  which  they 


3»4  ANSWER  OF  THE  HOUSE. 

may  adopt,  will,  in  this  fpecies  of  warfare,  be  confidered  as  a 
new  outrage  and  be  reprelented  as  a  new  courfe  ui  complaint. 
1  bus  although  neither  party  may  intend  to  provoke  hofiilities, 
and  though  there  is  confefledly  no  Sufficient  caule  for  war  at 
prelent,  yet  in  fuch  a  ftate  of  mutual  irritation  and  accumulated 
collifions,  this  feems  to  be  the  inevitable  refult.  In  contempla- 
ting this  gloomy  profpeft,  it  adds  greatly  to  our  alarm  and  appre- 
henlion,to  confider  that  fuch  a  war  would  be  waged  againlt  the 
nation  which  forms  the  only  remaining  barrier  againft  the  uni- 
verfal  domination  of  a  fmgle  power  ;  and  ftill  more  that  it  would 
probably  entangle  us  in  an  alliance  with  that  power,  whofe  friend- 
ship has  proved  fatal  to  the  Independence  of  fo  many  Repub- 
licks  and  States. 

'J  he  Houfe  of  Reprefentatives  will  readily  concur  in  the  ex- 
ercifeofall  conftitutional  means  to  prevent  the  calamities  which 
we  have  fo  much  caufe  to  apprehend,  or  to  prepare  to  meet  them 
in  a  becoming  manner.  In  their  deliberations  on  this  fubjecb, 
and  on  the  other  important  concerns  embraced  in  your  Excel- 
lency's communication,  they  will  conftantly  keep  in  view  thait 
candour  and  prudence,  and  that  difmterefted  elevation  above 
all  party  fpirit,  which  your  Excellency  juftly  obferves  are  indif- 
penfable  in  this  portentous  crifis  of  our  affairs,  to  the  fafety  of 
our  deareft  rights  and  bell  interefts. 


''-* 


RESOLVES. 

'January  26,   1810. 
LXIL 

Refolve  for  releafing    John   Hajiings  from  prifon,    in    Middle/ex, 
January  26,  18 10. 

On  the  petition  of  Robert  Murdock,  of  Newton,  in  the  coun- 
ty of  Middlefex,  guardian  of  John  Haftings,  of  faid  Newton, 
a  non  compos  perfon,  fhewin,^  that  the  faid  John  Haftings,  pre- 
vious to  the  appointment  of  faid  guardian,  recognized  for  one 
William  Donelan,  in  the  fum  of  one  hundred  dollars,  for  his 
appearance  before  the  Juftices  of  the  Court  of  Common  Pleas, 
for  faid  County  of  Middlefex,  to  anfwer  to  the  Commonwealth 
on  a  complaitit  of  Eliakim  Morfe,  for  threatening  to  do  him 
foms  bodily  harm,  and  in  the  mean  time  to  keep  the  peace  ;  but 
faid  Uonelan  did  not  keep  the  peace,  but  afterwards  did  threat- 
en faid  Morfe,  whereby  the  faid  recognizance  was  forfeited — 
Whereupon  a  fcire  facias  iffued  againft  faid  Haftings,  and  at 
September  term,  1809,  judgment  was  given,  and  on  the  24th 
October,  1809  execution  ilTued  againft  faid  Haftings,  and  on 
the  eighteenth  of  December  laft,  faid  Haftings  was  arrefted 
by  virtue  of  faid  execution  and  committed  to  the  common 
gaol  in  Cambridge,  in  faid  county,  and  now  remains  in  faid 
gaol. 

Refohedj  That  for  reafons  ftated  in  faid  petition,  the  faid  John 
Haftings  be  difcharged  from  the  judgment  rendered  againft 
him  on  the  aforefaid  recognizance  ;  and  the  iheriff  of  the  coun- 
ty of  Middlefex,  is  hereby  direded  forthwith  to  releafe  faid 
Haftings  from  prifon.  Provided^  There  exifts  no  other  caufe 
for  his  imprifonment,  other  than  the  execution  which  iffued 
on  the  judgment  aforefaid. 


386  RESOLVES,  Jan.  29,  18 is. 

LXIIL 

Refohe  granting  Ten  ihoufand  and  twenty  acres  of  land  to  the  Truf- 
iees  of  Monmouth    Academy,     fannary   29,   1810. 

On  the  petition  of  John  Chandler  and  others,  in  behalf  of 
the Truftees  of  Monmouth  Academy,  praying  for  a  grant  of 
land  for  the  ufe  of  faid  Academy. 

Refolved,  i  hat  there  be,  and  hereby  is  granted  unio  the 
trultees  of  Monmouth  Academy,  for  the  ufe  and  benefit  of  iaid 
Academy,  len  thoufand  and  twenty  acres  of  land  out  of  any 
of  the  unappropriated  lands  of  this  Commmonweaith  in  the 
Diflrid  of  Maine  (except  the  ten  Ibwnfhips  on  Penobfcot 
river  purchafed  of  the  Indians,  and  excepting  alfo  the  land 
contracted  to  be  fold  to  Jackfon  and  Flint,  and  which  contrad 
is  now  refcinded.)  Said  len  thoufand  and  twenty  acres,  to  be 
laid  outunder the direOicn  of  the  CommonN\ealth's  /.}.ents,  up- 
on the  fiibjed  of  eaff ern  lands  ;  I  rcvidid  Icutin  ,  'Ihai  the  A- 
gents  aforelaid  fhall  not  proceed  to  layout  atid  afTign  the  lame, 
uniefs  faid  truftees  fhall  within  two  years  from  the  pafling  of 
this  Refolve,  lodge  in  the  Secretary's  office,  a  certified  lilt  of 
the  fubfcriptions  and  donations  which  have  been  made  and  fe- 
cured  to  faid  Academy,  and  which  fhall  amount  to  three  thou- 
fand dollars,  including  all  fums  heretofore  fubfcribed  and  fccu- 
red  to  faid  Inltituiion  under  it!>  firft  corporate  name  of  1  he 
Monmouth  Free  School. 

LXIV. 

Refohe  on  the  petition  of  fandry  inhabitants    of  the  Fir/l    Bapl'fl 
Society  in  Wells,      fanuary  30,    1810. 

On  the  petition  of  fundry  inhabitants,  of  the  firfl  Baptifl 
fociety  in  the  town  of  Wells,  in  the  county  of  York,  flating, 
that  the  jultice  of  the  peace,  who,  by  their  act  of  incorpora- 
tion was  authorized  to  iffue  his  warrant  direded  to  fome  mem- 
ber of  faid  fociety.  requiring  him  to  notify  and  warn  the 
members  thereof,  to  meet  for  the  put  pofe  of  choofing  fuch  of- 
iicers  as  parifhes  are  by  law  empov/ered  to  choole,  did  on  the 
iffuing  his  faid  warrant,  neglect  to  pur  his  feal  to  the  fame; 
which  has  rendered  the  doings  of  faid  fociety  of  -drubtful 
validity — and  praying  that  the  proceedings  of-  faid  focitty 
may  be  ratified  and  eltablifhed. 


RESOLVES,  Jan.  30,  1810.  387 

Refolved,  Forreafons  fet  forth  in  faid  petition,  that  the  do- 
ings of  faid  officers,  and  the  proceedings  of  faid  fociety  be 
ratified  afM  confirmed,  and  fhali  be  deemed  and  taken  to  be 
legal  and  vaHd  in  all  refpeds,  and  in  the  fame  manner  as 
they  would  have  been,  had  the  faid  juftice  duly  fealed  his 
faid  warrant. 


LXV. 

Refohe  on  the  petition  ofjonathan  Mann^  difcharging  him  of 
forty  dollars  thirty-two  cents^  the  amount  of  an  execution  iffued 
againjl  him  in  favour  of  the  Commonwealth,  yanuary  't^o^  18 10. 

On  the  petition  of  Jonathan  Mann,  of  Scituate,  in  the  coun- 
ty of  Plymouth,  praying  this  General  Court  to  remit  to  him 
the  amount  of  an  execution  in  favour  of  the  Commonwealth, 
§31  the  fum  of  forty  dollars  and  thirty-two  cents,  recovered  on  his 
recognizance  as  furety  for  the  appearance  af  Jonathan  Mann, 
jun.  of  faid  Situate,  before  the  Municipal  Court  holdenin  Bof- 
ton,  within  th  e  county  of  Suffolk,  on  the  firft  1  uefday  of  No- 
vember, in  the  year  of  our  Lord  1808. 

Refol-ued,  That  the  Iheriff  of  the  county  of  Plymouth  bcj 
and  hereby  is,  required  to  difcharge  faid  Jonathan  Mann 
from  the  execution  aforefaid. 


LXVL 

Refohe  on  the  petition  of  Jofiah  Mann^  jun.   difcharging  him  of  ^ 
an  execution  for  forty  dollars  thirty-two  cents.     "Jan*  30,  i8ic» 

On  the  petition  of  Jofiah  Mann,  jun.  of  Scituate,  praying 
this  General  Court  to  remit  to  him  the  amount  of  an  execu- 
tion in  favour  of  the  Commonwealth  for  the  fum  of  forty  do!-. 
lars  and  thirty-two  cents,  recovered  on  his  recognizance  for 
his  appearance  before  the  Municipal  Court  holden  in  Bofton, 
within  the  county  of  Suffolk,  on  the  firflTuefday  of  Novem- 
ber A.  D.    1808. 

Refolved^  1  hat  the  fheriff  of  the  county  of  PIymou^h  be, 
and  hereby  is  required  to  difcharge  faid  Jofiah  Mann,  juu. 
from  the  execution  aforefaid. 


388  RESOLVES,  Feb.  i,  1810. 

LXVII. 

Rtfolve  appoint  ingCo7n?7iiJ/iGners  to  examine  and  fettle  the  accounts  of 
fofiah  Dwight^  Ffq.  Treafurer  and  Receiver  General.  Feb- 
ruary 1 ,  1 8 1  o. 

Rcfolved,  That  Mr.  Weld,  Mr.  Head,  B.  and  Mr.  Devens, 
with  fuch  as  the  Hon.  Senate  fhail  join,  be  commiflioners  to 
examine,  adjud  and  fettle  the  accounts  of  Jofiah  Dwight,  Efq. 
Treafurer  and  Receiver  General  of  this  commonwealth,  from 
the  time  of  his  entering  on  the  duties  of  his  office  to  the  30th 
day  of  June  lad  inclufive,  and  the  faid  commiflioners  are  diredl- 
ed  and  empowered  to  deface  all  notes  and  due  bills,  orders  or 
other  obligations  ilTued  under  the  authority  of  this 
commonwealth,  by  any  officer  thereof,  which  has  been  re- 
deemed by  the  Treafurer  or  his  predeceflbrs,  and  to  report 
their  proceedings  this  prefent  feffion  of  the  General  Court. 

Lxvni. 

Refolve  alloiving  Jacob  Kuhn  three  hundred  and  ffty  dollars, 
to  pur  chafe  fuel  ^  and  other  necejjar'ics,  for  the  General  Court, 
February  2 ,  1810. 

Refolved,  That  there  be  allowed  and  paid  out  of  the  Treafu- 
ry  of  this  commonwealth,  to  Jacob  Kuhn,  Meflenger  of  the 
General  Court,  the  fum  of  three  hundred  and  fifty  dollars  to 
enable  him  to  pay  for  fuel  and  other  ariicles.  purchafed  for  the 
ufe  of  the  General  Court,  together  with  the  Governour  and 
Council,  Secretary's  and  Treafurer  s  offices,  he  to  be  accountable 
for  the  exDLuditure  of  the  fame. 

LXIX. 

Refohe  on  the  petition  of  Thomas  Currier  and  ethers,  for  raifing  a 
co7npiiny  of  Light  Infantry.      February  2,  iSio. 

On  the  petition  of  Thomas  Currier  and  others,  praying  for 
leave  to  raife  a  company  of  Light  Infantry,  in  the  towns  of 
Amefburs'^  and  ijalifburv,  in  the  county  of  Elfex. 


l^KSOLVES,  Feb.  2,    iSio.  3% 

•  Refolved^  That  his  Excellency  the  Governour,  with  the  ad- 
vice and  confent  of  the  Council,  be,  and  he  is  hereby  authoriz- 
ed to  raife  by  voluntary  enhftment,  a  company  of  Light  Infant- 
ry in  the  towns  of  Aniefbury  arid  Salilbury  :  Provided.  1  he 
(landing  Companies  in  faid  tov/ns  fliall  not  be  reduced  be- 
low the  number  of  fixty  four  rank  and  fiie  ;  when  fo  raifed  to 
be  annexed  to  the  fourth  regiaient,  fecond  brigade,  fecond 
divifion  of  the  militia  of  this  commonwealth;  and  to  be  fubjed: 
to  fuch  rules,  regulations  and  reflrictions,  as  are  or  may  be 
provided  by  law  for  governing  the  miiitia  of  faid  common- 
wealth. 

LXX. 

Refolve  ejiablijhing  the  pay  of  the  Council  and  LsgiJIature.    Fehrua* 

ry  2,    1810. 

P.efohed^  That  there  be  allowed  and  paid  out  of  the 
Treafury  of  this  commonwealth,  to  each  member  of  the  Coun- 
cil, Senate.and  Houfeof  Reprefentatives,  two  dollars,  per  day, 
for  each  day's  attendance  the  prefent  feiTion,  and  a  like  fum  for 
every  ten  miles  travel  from  their  refpeclive  places  of  abode  to 
the  place  of  the  fitting  of  the  General  Court. 

And  it  is  further  Refohed^  T\\2i\.  there  be  paid  to  the  Pre- 
tldent  of  the  Senate  and  Speaker  of  the  Houfe  of  Reprefenta- 
tives, two  dollar's  per  day  for  each  and  everv  day's  attendance, 
over  and  above  their  pay  as  members. 

LXXl. 

Refohe  authorizing  the  Go-vernoiir  to  appoint  conmiilJioners  to  af- 
certain  the  boundary  line  bet-iojen  this  commosiivealth  and  Rhodv 
Ifland.     February  2,    1810. 

The  Committee  of  both  Houfcs  to  whom  was  committed  a 
letter  from  his  Lxcellency  the  Governour  of  this-  common- 
wealth, v/ith  a  com-iimication  from  his  Excellency  the  Gov* 
ernour  of  the  State  o;'  Rhode  iHand,  accompanied  by  a  refolu- 
rion  of  the  General  Aflembly  of  laid  State,  appointing  commif- 
iioners  on  their  part  to  afcertain  and  fettle  the  north  line  and 
boundaries  of  faid  State;  with  a  requeft  that  commilhoners 
mav  be  appointed  on  the  part  of  this  Commoiiweakh  with 
Ccc 


3^»  RESOLVES,  Feb.  2,   18 10. 

fimilar  powers — having  conlidered   the  fame,  alk  leave  to  re- 
port the  following  relolves. 

Refohed^  That  His  Excellency  the  Governour  with  the  ad- 
vice and  confent  of  Council,  be,  and  he  hereby  is  authorized 
and  requffted,  to  nominate  and  appoint  three  fuitable  perloi  s 
as  ccmmillioners  on  the  part  of  this  comn  onwealth,  to  afcer- 
tain  the  boundary  line  between  faid  commonwealth  and  the 
State  of  Rhode  Ifland  ;  being  the  north  line  and  boundaries 
Gt  faid  State  of  Rhode  Ifliind — and  faid  commiflioners  are 
hereby  authorized  and  empowered  to  unite  with  the  commif- 
fioners  already  appointed  by  the  General  Aflembly  of  the 
State  of  Rhode  Illand,  in  afcertaining  and  fully  fettling  the  a- 
forefaid  line,  in  fuch  way  and  manner  as  fhall  be  mutually  a- 
greed  on  by  faid  commiflioners ;  and  in  conjunction  with 
them,  toafcertain,  run  and  mark  fuch  boundary  line,  through 
the  extent  aforefaid  ;  and  at  the  joint  and  equal  expenie  of 
this  commonwealth  and  faid  State  of  Rhode  Ifland,  to  ert6t 
durablemonuments  at  fuch  places  in  faid  line,  astheymay  judge 
proper  and  effedual  to  }'revent  future  miftakes  and  dilpures 
refpedling  the  fame  ;  which  line  when  fo  afcertaiiied,  fhall 
forever  afterwards,  be  confuiered,  ai  d  held  to  be  the  true  ai:d 
juft  boundary  line  of  jurifdidtion  between  this  commonwealth 
and  the  aforefaid  flate  ;  and  faid  commifTioners  on  the  part 
of  this  commonwealth,  are  hereby  authorized  and  empowered 
t*^  agree  with  the  commiflioners  on  the  part  of  the  State  of 
Rhode  Tflarid,  upon  fuch  principles,  refp<.£ling  the  afcer- 
taining and  running  laid  line,  as  from  the  befl  evidence  they 
can  obtain,  may  appear  jult  and  reafonable  ;  and  alfo  employ 
fuch  furveyors  and  chain-bearers,  as  they  may  think  proper, 
to  aflift  in  duly  afcertaining  the  line  aforefaid. 

Be  It  further  Rcfolved,  '1  hat  there  be  paid  out  of  the 
Treafury  of  this  Commonwealth,  to  faid  commiflioners,  five 
hundred  dollars,  to  enable  thtm  to  defray  the  immediate  ex- 
pences  of  running  and  eflablifhing  faid  line  ;  faid  commilFion- 
ers-tobe  accountable  to  the  General  Court  for  the  proper  ap- 
plication of  the  fame;  and  His  Excellency  the  Goverrour 
i.^  hereby  requefted  to  draw  his  warrant  on  the  treafurer  tor 
the  fame. 

Be  it  further  Refohed,  That  that  part  of  a  J^efolve  which 
pafled  the  fifteenth  day  of  June  one  thoufand  eight  hundred 
and  one,  granting  five  hundred  dollars,  to  the  com- 
mifTioners appointed  to  afcertain,  run,  and  fettle  the  line  be- 
tweea  this  commonwealth  and   the  State  of  Khode   Ifland 


RESOLVES,  Feb.  3,  1810..  ^t^ 

.(the  fame  not   having   been  expended)  be,  and  the  fame  is 
hereby  repealed. 

LXXII. 

Refohe  direBing  the  Attorney  and  Solicitor  General,  to  profecute 
all  violations  of  the  ad  for  the  fupprejfion  of  Lotteries,  Teh. 
ruary  3,  1810. 

The  committee  of  both  Houfes  appointed  to  examine  and 
report  what  privileges  exift  under  any  aft  heretofore  pafled 
by  the  Legiflature  of  this  Commonvi^ealth,  for  any  lotteries  or 
claffes  of  lotteries — report  the  following  ftate  of  fa^ts. 

An  ad  authorizing  a  lottery  for  the  purpofe  of  complet- 
ing Hatfield  bridge,  palled  June  19,  1806,  limited  to  two 
years  The  time  was  extended  afterwards  for  two  years  more, 
and  expires  June  10,  1810. 

Leave  was  granted  to  fell  tickets  in  Dixville  lottery  (ftate  of 
New-Hamplhire,)  June  30,  1808,  and  expires  June  18,  1 8 10. 
all  other  ads  for  lotteries  have  expired. — The  committee 
have  alfo  taken  into  confideration  what  further  provifions  may 
be  expedient  to  prevent  the  fale  of  tickets  inlotteries  inftituted 
without  the  ftate — 

Report^  That  the  provifions  of  an  ad  pafled  February  28, 
1 80 1,  appear  to  them  fufficient,  if  carried  into  eifed,  and  re- 
commend pafling  a  refolve,  direding  the  Solicitor  and  At- 
torney General  to  profecute  all  offences  againft  faid  law,  which 
they  herewith  report. 

Which  is  fubmitted. 

JOHN  WELLES,  per.  order. 

Refohed,  That  the  Attorney  and  Solicitor  General  be,  and 
they  are  hereby  fpecially  direded  to  profecute  in  duecourfeof 
law,  for  all  offences  and  penalties  which  have  or  may  accrue  by 
virtue  of  the  ad  of  this  commonwealth,  for  the  fupprefTion  of 
lotteries,  and  to  prevent  the  fale  of  lottery  tickets,  made  and 
pafled  February  twenty  ei;.',hth,  in  the  year  of  our  Lord  one 
thoufand  eight  hundred  and  one. 

Be  it  further  refoived,  I'hat  this  refolve  together  with  the 
original  law,  be  publifhed  in  all  the  newfpapers  in  which  the 
laws  of  this  Commonwealth  are  publifhed. 


39«  RESOLVES,  Feb.  3,  i8ife. 

LXXIII. 

Refolve  on  the  petition  of  Ebenezer  Brown,  a  foldier.     February 

3,  1810. 

On  the^tition  of  Ebenezer  Brown,  a  foldier  in  the  fecond 
Maff  ichufetts  regiment,  who  ferved  during  the  late  .Xmeric:  n 
var  with  Great  Britain,  praying  that  he  may  be  included  in  a 
refolve  pafled  March  the  5th,  1801,  granting  two  hundred 
acres  of  land,  or  twenty  dollars  in  money,  to  each  non-com- 
niiiTioned  officer  and  foldier  of  the  Maflachufetts  line. 

Refolied,  For  rtafons  fet  forth  in  faid  petition,  that  there  be 
allowed  and  paid  out  of  the  treafury  of  this  Commonwealth 
to  the  faid  I'^benezer  Brown  the  fum  of  twenty  dollars,  and  his 
Excellency  the  Governour  with  the  advice  of  council  is  re- 
quefted  to  grant  a  warrant  accordingly. 

LXXIV, 

Refolve  for  dif charging  fohn  R.  Goulding  from  pr  if  on  in  Worcejlev 
County,     February  7^j  ]^  10, 

On  the  petition  of  John  R.  Goulding,  dating  that  he  is  ^ 
prifoner  in  gaol  in  the  county  of  Worcefter,  on  an  execution 
in  i.ivnur  of  the  Commonwealth,  on  judgment  againfl  him  as 
furety  in  a  recognizance  for  the  appearance  of  Joel  Weffon, 
and  that  the  principal  had  paid  his  forfeiture  to  the  Common- 
veaith. 

Refolved,  For  reafons  fet  forth  in  faid  petition  that  the  faid 
J.  hn  R.  Goulding  be  difcharged,  and  the  fluriif  of  faid  county 
of  Worcefter  is  direded  to  difcharge  the  laid  John  W.  Gould- 
in;!,  from  his  imprifonment  in  faid  gaol,  fo  far  only,  as  he 
ftands  committed  by  virtue  of  faid  execution  in  favour  of  the 
Commonwealth,  on  condition  of  his  paying  the  coil  ot  court 
and  commitment. 

LXXV, 

R^fohc  on  thepciiiion  of  Samuel  S?nitl\     February  3,  1810, 

On  the  petition  of  Samuel  Smith,  praying  for  further  relief 
that  either  of  the  executors  pr  the  legal  reprefentatives  of 


RESOLVES,  Feb.  3,  1810.  g^, 

Henry  Jackfon  might  be  authorized  to  transfer  and  convey 
to  laid  8mith,  one  fhare  in  the  Bofton  theatre,  in  conformity 
to  a  memorandum  of  agreement  in  writing,  made  by  the  faid 
Jackfon  in  his  Hfe  time. 

Refolved,  That  Ehfha  Sigourney  and  Judah  Hayes,  execu- 
tors of  the  laft  will  and  teftament  of  Henry  Jackfon,  or  either 
ot  t'  em,  and  in  cafe  of  their  death,  or  refignation  of  faid  truft, 
then  either  of  the  adminiftrators  de  bonis  non  of  the  eftate 
and  effects  of  faid  Jackfon,  be,  and  hereby  are  authorized  and 
eiupowered  to  transfer  and  convey  to  the  faid  Samuel  Smith 
by  a  good  and  fufficient  deed,  one  fhare  in  the  Bofton  theatre^ 
in  conformi.y  to  the  faid  agreement — which  faid  deed  fo  ex* 
ecuted,  fliail  hz  good  and  valid  to  veft  in  the  faid  Smith  the 
ihare  aforefaid,  and  all  emoluments  thereon,  in  as  full  a  man- 
ner as  if  a  deed  thereof  had  been  executed  by  faid  Jackfon  in 
his  life  time. 

LXXVL 

Refolve  on  the  petition  of  James  Newbury,  granting  him  forty^eight 
dollars  and  a  penjion.     February  2^,  18 10. 

On  the  petition  of  James  Newbury,  of  York,  a  private  foldier 
in  the  fixth  divifion  of  the  militia  of  this  Commonwealth,  pray- 
ing for  compenfation  for  a  wound  he  received,  while  on  mili- 
tary duty,  onthe  twentieh  day  of  September,  1809,  ^^  ^^i^ 
York. 

Refohed,  That  there  be  allowed  and  paid  out  of  the  treaf- 
ury  of  this  Commonwealth,  to  the  faid  James  Newbury,  in 
confequence  of  his  having  loft  a  part  of  his  left  hand  v.hile 
performing  military  duty,  on  the  faid  twentieth  day  of  Sep- 
tember, 1809,  the  fum  of  forty  eight  dollars,  to  reimburfe  to 
him  the  feveral  fums  paid  the  doftors — likewife  an  annuity  or 
penfion  of  thirty  dollars  per  year,  during  his  natural  life,  oi' 
'till  the  further  order  of  the  Legiflature. 

Lxxvn. 

Refoheon  the  petition  of  Thomas  Walcutt — granting  him  fifty  one 
dollars.     February  3,  1810. 

Refolved,  That  fifty  one  dollars  be  granted  and  paid  out  of 
the  publick  treafury  to  Thomas  V/allcut,  in  full  for  writiHg. 


394  RESOLVES,  Feb.  7,   i8r». 

done  by  him,  In  the  recefs  of  the  Legiflature,  according  to  hi« 
account  herewith  exhibited. 

LXXVIII. 

Refohe  on  the  petition  of  Thaddeus  Thompfon,  and  granting  him  for- 
ty fii<  dollars,     February  7,   1810. 

On  the  petition  of  Thaddeus  1  hompfon,  prayinp  for  the  al- 
lowance oi  his  expenfes  in  defending  a  fuit  againft  a  claim  up- 
on a  confifcated  eftate,  which  had  been  guaranteed  to  him  by 
the  Commonwealth  ; 

Refolved,  That  there  be  allowe  \  and  paid  out  of  the  1  reafury 
of  this  Commonwealt  1.  to  Thaddeus  I'hompf  n,  forty  fix  dol- 
lars, in  full  for  his  expenf-S  in  defending  a  fuit  brought  againft 
a  certain  confifcated  eflate  in  Lenox,  in  the  County  of  Berk- 
fhire,  by  the  Widow  of  Mizur  Dickenfon  ;  ..nd  his  Lxceiiency 
the  Governor,  by  and  with  advice  of  council,  is  hereby  author- 
ized to  draw  his  warrant  upon  the  trtalury  accordingly. 

LXXIX. 

Refohe  on  the  petition  of  fofeph  Nurfe^  granting  him  three  thoU" 
fand  three  hundred  and  feventy  three  dolLtrs  and  ninety  four  cents* 
February  7,  iS  10. 

On  the  petition  of  Jofcph  Nurfe,  praying  for  an  indemnity 
againft  ajuJgment,  in  an  action  of  ejectment  recovered  againlt 
him,  at  the  Circuit  Court  of  the  I  nited  States,  for  the  firfl: 
circuit,  held  at  Bofton,  on  the  twentieth  day  of  Ottober  laft,  by 
Daniel  Murray,  adminiflrator,  with  the  Will  ani!exed,of  J  hn 
Murray,  which  judgment  was  founded  on  a  mortgage  of  certain 
lands  in  Shrewfbury,made  by  Martha "tjymme^,  to  John  Murray 
on  the  twenty  fifth  day  of  March,  one  thoufand  feven  hundred 
and  feventy  three,  the  faid  Martha  .^ymmes,  having,  on 
the  twenty  fifth  day  of  May,  one  thoufand  feven  hundred  and 
eighty  one,  paid  to  the  Committee  appointed  by  this  Common- 
w^eaith,  all  the  money  due  on  faid  mortgage,  and  taken  their 
lull  difcharge  therefor  according  to  the  law,  in  that  cafe 
made  and  provided,  and  the  faid  Jofeph  Nurfe  now  claiuiing 
faid  lands  by  legal  conveyance  from  and  under  the  faid  Mar- 
tha Symmes  ;  ' 


RESOLVES,  Feb.  7,  i8iq.  395 

Refolved^  for  reafons  fet  forth  in  fald  petition.  That  there  be 
allowed  and  paid  out  of  the  treafury  of  this  Commonwealth, 
10  the  faid  jofeph  Nurfe,  the  fum  of  Three  thoufand  three 
hundred  and  feventy  three  dollars  and  ninety  four  cents,  in  full 
indemnity  and  compenfation  for  the  faid  judgment,  and  of  his 
expenfes,  in  defending  himfelf  againfl  the  faid  fuit,  and  of 
all  claims  on  this  Commonwealth,  by  reafon  of  the  premifes. 

LXXX. 

Refohe  on  the  petition  of  William  W/jittemore,  yun.  Adminyirator 
of  the  eft  ate  of  Francis  Culler^  deceafed.      February  7,  i3io. 

On  the  petition  of  William  Whittemore,  Jun.  of  Weft  Cam- 
bridge, in  the  county  of  Middlefex,  adminiftrator  of  the  eftate 
»f  Francis  Cutler,  late  of  that  part  of  Cambridge,  now  faid 
Weft  Cambridge,  labourer,  deceafed,  inteftate,  praying  that 
his  affidavit  of  his  proceedings  relating  to  the  fale  of  all  the 
right  and  intereft,  which  laid  inteftate  had  in  and  to  the  rever- 
fion  of  the  dower  of  Sufanna  Cutler,  the  widow  of  Samuel 
Cutler,  late  of  Charleftown  in  faid  county,  deceafed,  made,  in 
the  Probate  Court  for  faid  County,  on  the  fixteenth  day  of 
JNovember  laft  pad,  and  recorded  with  one  of  the  original  no- 
tifications of  faid  file  in  the  Regiftry  of  Probate  in  faid  County, 
may  be  valid  in  law,  although  not  made  within  feven  months 
after  the  day  of  faid  fale,  as  the  law  requires. 

Refolved,  That  the  prayer  of  the  petition  be  granted,  and 
that  the  faid  affidavit  and  copy  of  one  of  faid  original  notifica- 
tions, recorded  as  above  mentioned,  fliall  be  valid,  and  have 
the  fame  force  and  effed  in  law,  as  if  the  fame  had  been  done 
within  feven  months  after  the  day  of  fale,  any  law,  ufage,  or 
G'Uftom  to  the  contrary  notwithftanding.  , 

LXXXL 

Refolve  on  the  Petition  of  V/iUiam    Whittemore,  f^^^'  Adminiftrator 
of  the Ji, lie  of  Thomas  Whittemore,  deceafed.     February  7,  18 10. 

On  the  petition  of  Wilh'am  Whittemore,  Jun.  of  Weft  Cam- 
bridge, in  the  county  of  iViiddlefex,  adminiltrator  of  the  eftate, 
of  1  homas  Whittemore,  late  of  that  part  of  Cambridge,  now 
iaid  Weft  Cambridge,  yeoman,  deceafed,  inteftate.  praying  that. 


\ 


39^  RESOLVES,  ?eb.  7,  i8ia. 

his  affidavit  of  his  proceedings  relating  to  the  fale  of  the  whole 
of  faid  inteftate's  real  eftate,  except  the  dower  offaid  decea- 
fed's  widow  in  part  of  faid  real  eftate,  made  in  the  Probate 
Court  for  faid  county,  on  the  fixteenth  day  of  November  iaft 
part,  and  recorded  with  a  copy  of  one  of  the  original  notirica- 
tions  offaid  fale  in  the  Regiftry  of  Probate  in  faid  county,  may 
be  valid  in  law,  although  not  made  within  feven  months  after 
the  day  of  faid  fale,  as  the  law  requires. 

Refolved,  That  the  prayer  of  the  petition  be  granted,  and 
that  faid  affidavit  and  copy  of  one  offaid  original  notifications, 
recorded  as  above  mentioned,  fhall  be  valid,  and  have  the  fame 
force  and  efted  in  law  as  if  the  fame  had  been  done  within  fev- 
en months  after  the  day  of  faid  fale,  any  lav/,  ufage  or  cuilom 
to  the  contrary  notwithftanding. 


LXXXII. 

Refolve  on  the  petition  of  John  Wood,  adminijirator  on  the  ejlatc  of 
fonatbnn  Trafk,  deceafed.     February  7,  1 8  i  o. 

On  the  petition  of  John  Wood,  of  Burlington,  in  the  county 
of  Middlefex,  gentleman,  adminiftrator  on  the  eftate  of  Jon- 
athan Trafk,late  of  Lexington,  in  faid  county,  yeoman,deceafed^ 
inteftate,  praying  that  his  affidavit  of  his  proceedings  relating 
to  the  fale  of  the  two  thirds  of  faid  Trafk's  real  eftiate  which 
were  not  fet  to  the  widow  of  faid  deceafed  for  her  dower,  made 
in  the  Court  of  Probate  for  faid  county,  on  the  twelfth  day  of 
January  now  laft  paft,  and  recorded  with  a  copy  of  one  of  the 
original  advertifements  in  the  Regiftry  of  Probate,  for  faid 
county,  may  be  valid  in  law,  although  not  made  within  feven 
months  after  the  day  of  fale,  as  the  law  requires. 

Refolved,  1  hat  the  prayer  of  the  petition  be  granted,  and 
that  the  Regiftry  of  the  affidavit  and  copy  of  the  original  ad- 
vertifement  fliall  be  valid,  and  have  the  fame  force  and  effe£l 
in  law,  as  if  the  fame  had  been  done  within  feven  months  af- 
ter the  day  of  faid  fale,  any  law,  ufage,  or  cuftom  to  the  con- 
tarary  notwithftanding. 


RESOLVES,  Feb.  7,  18 lo.  397 

LXXXIIl. 

'Rcf'Ave  on  the  petition  of  Ebenezer  Harnden,    admini/irator    of 
the  eltate  ryf  Thomas  Hills,  deccafed.      February   7,  i8io. 

On  the  petition  of  Ebenszer  Harnden,  of  Maiden,  in  the 
county  of  Middlefex,  admiaiftrator  of  the  eftate  of  Thomas 
Hills,  late  of  faid  Maiden,  yeoman,  deceafed,  inteftate,  praying 
thai  he,  the  faid  Ebenezer,  may  have  feven  months  from  the 
above  date,  granted  to  him,  in  his  faid  capacity,  to  make  in 
the  Probate  Court  for  faid  county,  his  affidavit  of  his  proceed- 
ing's relating  to  the  feverai  fales  of  divers  parcels  of  the  real 
eflate  of  faid  iateflate,  by  him,  in  his  faid  capacity,  made  at 
publick  auclion,  and  that  faid  affidavit,  including  copies  of  the 
original  noiificatioas  of  faid  fales,  if  made,  in  faid  Probate 
Court,  and  recorded  in  the  Regillry  of  probate  for  faid  county, 
in  due  form,  within  faid  feven  months,  fhall  have  the  fame 
effed  and  operation  in  law  as  his  feverai  affidavits  of  faid  fales, 
including  copies  of  faid  notifications,  would  have  had,  had 
they  been  made  in  faid  Probate  Court  within  feven  months, 
as  the  law  provides. 

Refolved,  That  the  prayer  of  the  petition  be  granted,  and 
that  faid  affidavit,  including  copies  of  faid  notifications,  if 
made  in  faid  Probate  court,  and  recorded  in  faid  Regiftry, 
within  fev.m  months  fro  n  the  above  date,  ihall  be  valid,  and 
have  the  fame  effed  and  operation  in  law,  as  faid  admir.iitra- 
tor's  feverai  affi  ^avits  of  faid  fales,  including  copies  of  faid  no- 
tifications, would  have  had,  had  they  been  made  in  faid  Pro- 
bate Court,  v^ithin  fevea  moiitlis,  as  the  law  provides,  any  law, 
ufage,  or  cuflom  to  the  contrary  notwiihllanJing. 

LXXXIV. 

Refolve   an   the  petition  of  Simon  Lor  J^  of  Belgrade,  granting  bim 

fifty -jive  dollars,     February  8,  1810. 

Whereas  Simon  Lord,  of  Belgrade,  in  the  county  of  Kenne- 
beck,  and  conflable  of  faid  town,  while  in  the  execution  of  the 
duties  of  his  office,  on  the  Lxteenth  day  of  Auguft,  1808,  had 
his  horfe  killed  by  fome  perfon  or  perfons,  to  him  unknown, 
difguifed  as  indians,  and  the  faid  Lord  hay.vii^  petitioned  this 
court  for  relief. 
Dad 


398  RESOLVES,  Feb.   9,   1810. 

Therefore  Refolded,  That  there  be  allowed  and  paid  out  of 
the  trealury  of  this  Commonwealth  to  the  faid  Lord,  the  fum 
of  fifty  five  dollars  ;  and  the  Governour  with  the  advice  of 
council,  is  hi.reby  authorized  and  empowered  to  draw  bis  war- 
rant in  favour  of  faid  Lord  on  the  treafurer  for  faid  fum. 

LXXXV. 

Rcfohe  on  the  pclition    of  Benjamin  Sweft,    dif charging  hi?n  from 
the  fum  of      ninety-nine  dollars.     February  9,  i3io. 

On  the  petition  of  Benjamin  Swett,  collector  of  the  town 
of  Orrin^ton,  for  the  year  188,  flarini;  the  lofs  of  ninety- 
nine  dollars  in  the  wreck  of  a  vcITl:!  in  which  it  was  lent  by 
capt.  Rich,  to  be  paid  into  tiie  treafu^y  of  this  Com  nonwealth, 
being  fo  much  of  the  flate  tax,  committed  him  to  collect — 
praying  relief. 

Refclved^  for  reafons  fet  for:h  in  faid  petition,  That  the 
treafurer  of  this  C'ominonwealth  be,  and  he  is  hereby  diredcd 
to  difcharge  the  faid  Benjamm  8wett,  the  faid  fum  of  ninety- 
nine  dollars. 

LXXXVL 

Refohe  grantifig   the    Majfachufetts   Medical  Society  a  Tozvnjhip 
of  Land.      February  10,  1810. 

Whereas  the  MalTdchufetts  Medical  Society  have  incurred 
expefices,  and  have  devoted  a  confiderable  portion  of  thtir 
time,  to  the  promotion  of  the  laudabL  objt-ds  of  their  inftitu- 
tion,  and  have  petitioned  this  Legiflature  for  fome  pecuniary 
aid,  to  enable  them  to  ered  a  fuitable  building  in  the  town  of 
Boflon,  fVr  the  ufe  of  faid  focicty — Wherefore, 

Beii  Refoived^  that  there  be,  and  there  h.rebv  is  appropriated 
for  the  uie  and  benefii  of  the  Maffachufetts  Medical  Society,  one 
townfhip  of  land,  to  contain  fix  miles  fquare,  and  to  be  iurvey- 
ed,  located  and  alligned  from  any  of  the  unappropriated  lands 
belonging  to  this  Commonwealth  in  the  dittrid:  of  Maine, 
(excepting  the  townfhips  lately  purchafed  of  the  indians,  and 
lands  contracted  for  by  Jackfon  and  Flint,)  under  thediiedion 
of  the  agents  for  the  fale  of  eaflern  lands,  at  the  expence  of 
the   laid  ibciety  :  Provided^    faid  location   be    made  vithin 


RESOLVES,  Feb.  lo,  1810.  399 

three  years,  a  plan  whereof  to  be  lodged  in  the  land  office  ; 
and  the  agents  aforefaid,  are  hereby  authorized  and  diredted 
to  give  good  and  lufficient  deed  or  deeds  of  the  fame  to  the 
truliees  of  faid  fociety,  or  their  airi;^ais,  fubjed  to  the  ufual 
relervations  and  conditions  of  fettlement. 

LXXXVIL 

Refolve  appointing  a  Committee  to  enquire  into  the  doings  of  the 
Northampton  Bank.     February    10,  18 10. 

Refolved,  That  the  Hon.  George  Blifs,  Efq.  Jofiah  Dwight, 
and  Jofeph  Lyman,  Ffquires,be  a  committee  to  enq  re  into, 
and  report  to  this  Legillature  as  foon  as  may  be,  refpeding  the 
doings  of  the  Northampton  Bank,  and  the  prefent  ftate  there- 
of—that faid  committee  be  intruded  to  enquire  whether  the 
faid  corporation  have  exceeded  the  powers  granted  them,  or 
failed  to  comply  with  any  of  the  rules,  reftridions  and  con- 
ditions required  by  their  ad  of  incorporation.  Lhat  they,  or 
any  two  of  them,  have  power  to  examine  the  books  and  vaults 
of  the  faid  corporation,  and  to  fend  for  fuch  perfons  and  pa- 
pers as  they  ihall  deem  neceffary  to  effed  the  objed  of  iheir 
appointment, 

LXXXVIIL 

Refolve  appointing  a    Committee.,   to  enquire  into  the  doings  of  the 
Berkfhire  Bank.     February  10,  1810. 

Refolved,  That  Jofiah  Dwight,  John  C.  Williams,  and 
Thomas  .illen,  Kfqs.  be  a  committee  to  enquire  into,  and  re- 
port to  this  Legiflature  as  foon  as  may  be,  refpeding  the  do- 
ings of  the  Berkihire  Bank,  and  the  prefent  ftate  thereof;  that 
faid  committee  be  inftruded  to  enquire,  whether  the  faid  cor- 
poration have  exceeded  the  powers  granted  them,  or  failed  to 
comply  with  the  rules,  reftridions,  and  conditions,  required 
by  their  ad  of  incorporaiion  ;  that  they,  or  any  two  of  them, 
have  power  to  examine  the  books  and  vaults  of  the 
the  faid  corporation,  and  to  fend  for  fuch  perfons  and  papers 
as  tht  y  {hali  deem  neceffary  to  effed  the  objed  of  their  ap- 
pointment. 


4o«  RESOLVES,  Feb.   lo,  8iiq. 

LXXXIX. 

Refolve  appointing  a   Committee  to  enquire  into   the  doings  of  the 
Penobfcot  Bank.     February  lo,  1810. 

i?cyo/T'(?^,  "J  hat  Nathan  Reed,  Phineas  /fhman,  and  John 
Davis,  Elqs.  be  a  committee  to  enquire  into  the  doings  of 
the  Penobfcot  Bank,  and  report  the  (iate  thereof  on  the  fecond 
Wednefday  of  the  firfl  fefTion  of  the  next  General  Court ;  that 
faid  committee  be  iiiflructed  to  enquire  whether  the  cojpora- 
tion  have  exceeded  the  powers  granted  thern,  or  failed  to 
C(imply  with  the  rules,  reflriclions  and  conditions,  required  by 
their  a£l  of  incorporation — That  they,  or  any  two  of  them, 
have  power  to  examine  the  books  and  vaults  of  the  faid  cor- 
poration, and  to  fend  for  fuch  perfons  and  papers  as  they  (hall 
deem  necefiary  to  efiect  the  object  of  their  appointment. 

xc. 

Rfohe  on  the  petition  of  Edward  Bangs  and  others.     February 

10,  1810. 

On  the  petition  of  Edward  Banc:?,  and  other?, 
Refolvedj  1  hat  the  guardian  to  the  minor  heirs  of  fuch  of  the 
devifees  in  the  will  of  Bei:)jamin  Bangs,  as  aredeceafed,  be,  and 
they  are  and  fhall  be  fully  autht)rized  and  empowered  in  be- 
half of  thtir  wards  refpeCiively,  to  join  with  the  living  devifes 
and  heirs  of  at^e  of  devifees  deceafed,  in  makinc:  fale  and  con- 
veyance  of  the  real  eftate  of  the  faid  Benjamin  Bangs,  deceafed, 
or  in  appointing  an  agent  or  agents,  v.ith  power  to  fell  and 
convey  the  fame  ;  that  the  value  and  proceeds  thereof  may  be 
divided  inltead  of  the  lands — Or  to  join  with  the  faid  devifees 
and  heirs  of  devifees  in  any  amicable  cind  equitable  divifion  of 
faid  real  eftate,  m. iking  proper  allowance  for  what  each  de- 
vifee  has  received  already  in  perfonal  ellate,  fo  that  each  de- 
"vifee's  fliare  may  be  lefs  or  more  in  real  eftate,  in  piopoi tion 
as  it  may  appear  that  they  have  received  lels  or  more  oi  the 
perfonal  eitate,  according  to  the  f;  irit  and  meaning  of  faid 
■will,  as  well  as  in  adjufling  all  claim?,  or  allowance?  to  be 
made  by  any  of  iaid  devifees,  for  ufe  of  monies  received,  or 
benefit,  ufe  and  occupation  of  any  of  faid  perfonal  or  real 
eilate  J  and  to  make   deeds  of  rekafe  and  acquittance  accord- 


RESOLVES,  Feb.  12,   1810.  40| 

ingly  :  Provided,  That  the  refpeiSlIve  guardians  of  the  minors 
af'orefaid,  fhall  firfl  give  bonds  to  the  relpective  Judges  oi  Pro- 
bate who  granted  their  refpeclive  letters  of  guaiuianihip,  con- 
ditioned that  they  fhall  Vaiihtuily  execute  the  truit  hereby 
by  repofed  in  them,  and  fhall  alfo  account  to  their  relpective 
wards  for  all  monies,  or  other  eftate,  they  fhall  receive  for 
them  by  iale  of  laid  lands,  or  in  any  other  way  by  virtue  of 
the  powers  given  them  by  this  refolve,  and  alfo  for  the  inter- 
efl  or  profits  thereof,  after  deducting  fuch  fumsfor  their  ex- 
pences  and  fervices  as  to  faid  Judges  refpectively,  fliall  apptar 
juft  and  reafonable,  whenever  laid  minors  fhall  arrivt  to  the 
age  of  twenty  one  years,  or  fooner  if  cited  by  faid  judge  or 
Judges  of  Probate. 

XCI. 

Refohe  on  the  petition  of  yacob  Stevens.     February  12,  18 10. 

On  the  petition  of  Jacob  Stevens,  praying  Anna  Stevens, 
jidminiltratrlx  on  the  eftate  of  Ezra  Stevens,  may  be  autho- 
rized to  make  and  execute,  to  him  the  faid  Jacob,  a  deed  of 
certain  land  therein  defcribed. 

Refolved,  Ihat  Anna  Stevens,  wldovi^,  and  adminlftratrix 
of  Ezra  Stevens,  late  of  Machias,  In  the  county  of  Waftiiug- 
ton,  yeoman,  deceafed,  and  alfo  guardian  of  all  the  children 
of  the  faid  deceafed,  be,  and  fhe  hereby  is  empowered,  in  pur- 
fuance  of  an  agreement,  made  between  the  petitioner  and  the 
deceafed,  to  make  and  execute,  in  her  faid  capacity,  to  the 
faid  Jacob  Stevens,  his  heirs  and  afTigns,  a  good  and  lawful 
deed  of  conveyaisce,  of  the  northerly  half,  of  a  cerrain  trad:  of 
land,  lying  in  faid  Machias,  and  bounded  as  follows,  viz.  wefl- 
erly  by  the  water?  of  haft  River,  northerly  by  land  of  Wiiliani 
Simpfon,  eafterly  and  fouiheriy,  by  lands  late  of  the  eilate  of 
Junes  Gooch,  deceafed,  and  containing  one  hundred  and 
twenty  five  acres,  in  the  whole,  includinga  fmall  Ifland  of  four 
at  res,  lying  in  front  of  the  fame,  one  half  of  which  is  alfo  to 
be  conveyed,  as  defcribed  in  the  petition  ;  for  which  half,  in 
purfaance  of  faid  agreeuient,  the  faid  Jacob,  has  paid  the  faid 
Ezra,  and  i;o  v  occupies,  and  lives  on  the  fame  :  and  fuch  con- 
veyance, when  made,  fliall  have  all  the  force  and  effe6t,  any 
deed  to  have  been  made,  by  the  faid  Ezra,  of  the  premifes 
would  have  had,  to  veft  faid  eilate,  in  the  faid  Jacob,  his  heirs 
or  aifijns. 


46«  RESOLVES,  Feb.   12,   18 10. 

XCII. 

Refohe  extending  the  time  prefcrihed  for  furveying  and  locating 
half  a  townjhip  of  landi  granted  for  Monfon  Academy  February 
'2,  1810 

On  the  petition  of  Abner  Brown  and  Joel  Norcrofs,  in  be- 
half of  the  trul1:ees  of  the  Mo 'fon  Academy  praying  that  the 
time  limited,  in  and  by  a  refolve  paiT^d  January  31  fl  1807, 
granting  th-^m  a  half  townfliip  of  land,  of  three  years  for  lur- 
veying,  locating  and  returning  a  plan,  be  extended. 

Refolved,  For  reafons  fet  forth  in  faid  petition,  that  the  term 
of  three  years    mentioned  in   the  provifo  of  faid  refolve,  be 
and  hereby  is  continued  tnd  extended  for  the  funher  term  of 
three  years,  from  and  after  the  thirty  firlt  day  of  January   lafl 
pad. 

XCIII. 

Refohe  granting  forty  dollars  to  Owen    Clark.      February  15, 

18.0. 

Refohed,  That  forty  dollars  be  granted  and  paid  out  of  the 
publick  treafury,  to  Owen  Cilark,  in  full  compenfation,  for  his 
time,  fervice,  and  exi.enfes,  in  apprehending  i*  lijah  Barton, 
and  others,  fufpeded  ot  the  murder  oi  Paul  Chadwick  ;  :  nd  his 
Excellency  the  Governor  is  requefted  to  draw  a  warrant  on 
►the  1  reafurer  for  the  payment  thereof. 

XCIV. 

R-ifolve  authorizing   William  Makepeace  to  remove  a  Gun  Houfe, 
February  16,  i  8 1  o. 

On  the  Petition  of  William  Makepeace,  Captain  of  a  com- 
pany of  artillery,  in  the  fecond  iiiigade  and  firft  divifion  of 
the  militia  of  this  Commonwealth,  praying  that  the  place  of 
Parade  and  GunHoufe  of  laid  Company  be  altered  troin  Med- 
way  to  the  Common  in  Franklin,  near  the  meeting  houfe. 

Refolved,  1  hat  the  place  of  Parade  and  gun  houie  ol  faid 
Company  be  altered  and  removed  from  faid  Medway  to  faid 


RESOLVES,  Feb.  i6,   1810.  403 

Common  in  Franklin,  and  that  the  faid  William  Mikepeace 
(at  his  own  expenfe)  be,  and  he  hereby  is  authorized  and  em- 
powered to  remove  faid  gun  houfe  accordingly. 


xcv. 

Refohe  requejling  the  Senators  and  Rcprefentatives  from  this  State 
in  Congrefs  to  apply  to  Congrefs  for  an  alteration  in  the  Pofi 
Office  Law,  and  directing  the  Secretary  to  pay  the  Poji  Majiers' 
bills  quarterly.     February  16,  18  lO. 

Whereas  in  order  to  carry  into  efFed  with  promptnefs  the 
Laws  and  regulations  for  governing  the  militia,  it  is  found  ne-. 
ceflarythat  communications  fliouldbeconftantly  paffing  through 
the  poft  office  between  the  Adjutant  General's  office  at  Bofton, 
and  the  Commanding  officers  of  corps  in  every  part  of  the 
commonwealth,  and  it  appearing  from  the  reprefentation  of 
the  Poft  Mafter  at  Bofton,  that  by  the  exifting  Laws  regula- 
ting the  Poft  Office  Department,  all  fuch  papers  muft  be  char- 
ged as  Letters,  which  is  a  very  great  expence  to  the  common- 
wealth.    Therefore, 

Refohed,  That  the  Senators  and  Rcprefentatives  in  Congrefs 
from  this  State,  be  requefted  to  make  application  to  the  Con- 
grefs of  the  United  States  for  an  alteration  in  the  Poft  Office 
Law,  fo  as  to  allow  all  printed  papers,  and  papers  partly  prin- 
ted, and  partly  written,  relating  to  the  militia,  to  pafs  through 
the  Poft  Office  to  and  from  the  Adjutant  General's  office,  fub* 
jed  only  to  the  fame  poftage  by  the  (heet  as  newfpapers. 

Refolved,  That  the  Secretary  be  and  he  hereby  is  direftedta 
pay  the  account  of  the  Poft  Mafter  in  Bofton,  for  the  poftage 
of  letters  for  the  Commonwealth  quarterly.  And  His  Excel- 
lency the  Governour,  with  the  advice  of  Council,  is  here- 
by authorized  and  empowered  to  draw  his  warrant  on  the 
treafurer  in  favour  of  the  fecretary  for  the  payment  of  faid  ac 
counts. 


404  RESOLVES,  Feb.   i6,   iSic. 

xcvr. 

Refol-ve  eftabljjhing  the  pjy  cf  the  Ojjiccrsuind  Soldiers  who  were 
called  out  and  ferved  in  the  apprehended  infurreclion  in  the  ioiinty 
of  Kennehcck.      February  16,  1 8  1 0. 

The  committe  of  both  hoafes,  to  whom  w:is  referred  His  Ex- 
cellency the  Governor's  cornmunication  relative  to  the  appre- 
hended infurreclion  in  the  county  of  Kennebeck.  in  the  months 
of  October  and  November  lafl,  with  all  the  papers  aud  docu- 
ments accompanying  the  fame. 

Report,  That  there  be  allowed  and  paid  to  the  Officers  and 
Soldiers  wiio  wt  re  called  out  on  that  occafion,  the  feveral  lums 
following,  viz.  to  a  Major,  filty  dollars  per  month  as  ua.;es, 
and  one  dollar  and  fixty  cents  per  day  for  rations ;  to  a  Cap- 
tain, forty  dollars  per  mo  ith  as  wages,  and  f  ir  t-.vo  extra  ra- 
tions fixty  cents  per  day  ;  to  a  Lieutenant,  thirty  fix  dollars  per 
month  as  wages,  and  for  one  extra  ration  thirty  cents  per  day  ; 
to  an  Enfign,  thirty  two  dollars  per  month  as  wages,  and  for 
one  extra  ration  thirty  cents  per  day  ;  to  a  Sergeant  feventy 
five  cents  per  day  as  wages  ;  to  Corporals,  Drummers,  and 
Fifers,  feventy  cents  per  day  as  wages  ;  to  Privates  fixty  feven 
cents  per  day  as  wages  ;  to  a  Captain  of  artillery,  forty  two  dol- 
lars per  month  as  wages,  and  fixty  cents  per  day  for  two  extra 
rations  ;  to  a  Lieutenant  of  Artillery,  thirty  eight  dollars  per 
month  as  wages  and  thirty  cents  per  day  fur  one  extra  ration  ; 
to  a  Serjeant  of  artillery,  feventy  eight  cents  per  day  as  wages; 
to  a  Corporal  of  artillery,  levcnty-four  cents  per  day  as  wages  ; 
to  Dru  nmers,  Fifers  and  Matlrofes,  feventy  cents  per  day  as 
wages.  The  Committee  find  that  it  will  be  neceffary  for  the 
Legiflature  to  eftablilh  the  pay  for  the  feveral  grades  of  officers 
and  f  )ldiers  who  were  called  upon  to  perform  Strvices  in  this 
apprehended  inr^,irrecl:ion,  before  they  can  complete  the  biifi- 
nefs  of  their  appointment.  '1  hty  find  that  the  pay  rolls  for  the 
feveral  companies  who  were  called  out, are  made  and  completed 
in  an  accurate  manner,  except  entering  the  fums  allowed  per 
day  and  carrying  out  the  fum  total  to  each  officer  and  foldier's 
name,  which  can  be  done  with  eafe  and  precifion  when  the 
fum  to  be  allowed  per  month  and  per  day,  ffiall  have  been  ef- 
tabliihed.  Your  Committe  have  endeavoured  to  inveftigate 
this  fubjed:  wi(h  care  and  caution,  and  are  of  opinion,  that 
the  feveral  fums  reported  to  be  allowed  to  the  feveral  grades 
of  officers  and  foidiers  who  performed  the  feivice  will   not  be 


RESOT.VES,  Feb.  19,  18 10.  405 

too  much  to  compenfate  them  for  the  facrifices  made  at  the  par- 
ticular time  they  were  called  upon,  and  the  nature  of  fervices 
performed. 

Which  is  refpe6lfullj  fuhmitied 

HUGH  Mc.CLALLEN; per  order. 

Refohed,  That  each  Officer  and  Soldier  of  the  militia  of  this 
Commonwealth,  who  were  called  oui  ;i?id  ferved  in  the  appre- 
hended infurreclion  in  the  county  of  K  anebeck,  in  the  months 
of  Jd.  and  Nov.  1809,  be  allowed  and  paid  for  their  wages  and 
rations,  the  fums  affixed  and  fpeciiied  in  the  foregoing  report, 
and  that  the  faid  committee  be  and  hereby  are  direfted  to  have 
the  pay  rolls  for  the  feveral  Companies  who  ferved  as  aforefaid. 
made  up  and  completed  accordingly. 

xcvn. 

Refohe  on  the  petition  of  Mary  Child,  in  behalf  of  herfelf   chif' 
dren  and  others,     February  19,  i8c?o. 

On  the  petition  of  Mary  Child,  in  behalf  of  herfelf,  and  the 
children  of  her  late  hufband,  Thomas  Child,  deceafed,  and 
"William  Stephens  and  James  Barrett,  praying  that  this  Com- 
monwealth would  defend  and  indemnify  her  and  them,  againft 
certain  fuits,  brought  againfl  them,  and  now  pending  in  the 
Court  of  Common  Pleas,  for  the  county  of  Tumberland,  by 
Alexander  Wolcot  and  his  wife,  to  recover  pofTeffion  of  cer- 
tain lots  of  land,  in  Portland,  in  the  county  aforefaid,  and 
■which  were  conveyed  by  this  Commonwealth,  to  the  hujfband 
of  faid  Mary,  with  warranty. 

Refoied,  That  the  bolicitor  General  be,  and  he  is  hereby 
authorized  and  requefted  to  appear  in  faid  fuits,  on  behalf  of 
this  Commonwealth,  to  examine  into  the  title  of  the  faid  Wol- 
cot and  his  wife,  whereon  he  foundss  his  claim  to  the  pofleffion 
of  faid  lots  of  lands  and  to  defend  againfl  the  faid  titie  and 
claims,  if  the  Solicitor  General  fnall  think  it  expedient,  and  not 
otherwife. 

And  be  it  further  refohed.  That  the  faid  Solicitor  General 
be,  and  he  is  hereby  auLhorized  to  fubitimte  any  other  peilon, 
or  perfons,  to  do.  and  perform  all  or  any  of  the  forgoeing 
matters  and  things  in  his  ftead,  as  he  may  find  it  neceffary  or 
convenient  :  and  that  his  Excellency  the  Oovernour,  with 
Eee 


4o6  RESOLVES,  Feb.   19,  18 10. 

the  advice  and  confent  of  the  Council,  be,  and  he  is  hereby  re- 
quefted  to  draw  a  warrant  on  the  treafury  of  the  C  ommon- 
weahh,  in  favor  of  faid  Sot  citor  General,  for  fuch  fum  of 
money,  as  the  faid  solicitor  General  may  requeft,  not  exceed- 
ing one  hundred  doll  rs,  to  enable  him  to  defray  the  n-ceffa- 
ry  expence  of  faid  fuits,  he  to  be  accountable  for  the  expendi- 
ture of  the  fame. 


XCVIII. 

Rcfohe  on  the  petition  of  Samuel  Pcirk?iia::,  allo^^vlng  further  time 
tofettlchafatoivnfmpofiai.d      February  19,1810. 

On  the  petition  of  Samuel  Parkman,  praying:  for  further 
time  to  fettli^  half  a  townfiiip  of  land,  fituated  in  the  county 
of  VVafhington,  formerly  grant  to  Portland  Academy,  Feb- 
ruary 19,   1810. 

Refohed.,  for  reafons  fet  forth  in  faid  petition,  That  the  fur- 
ther time  of  rour  years  from  the  firft  of  June  next  be  allowed 
to  Samuel  Parkman,  his  heirs  And  afligns,  to  complete  the  fet- 
tlement  of  ten  families  on  faiJ  half  townfhip.  And  if  faid 
Parkman,  his  htirs  or  afligns,  fhall  fettle  within  faid  time  the 
faid  num!^-er  of  families,  including  thofe  already  fettled  on  the 
fame,  that  then  the  eftate,  right,  and  title  of  faid  Parkman,  his 
heirs  and  affigns,  fliall  be  valid,  full  and  effedual  to  all  intents 
and  purpofes,  as  if  the  conditions  of  fettlement  expreffed  in 
the  original  deed  oiven  of  faid  half  townlhip,  by  the  commit- 
tee of  the  General  Court  to  fell  and  convey  the  unappropriated 
lands  in  the  diflrid  of  Maine,  had  been  fully  and  feafonably 
complied  with:  Provided  mverthclefs^  1  hat  t.'e  faid  Samuel 
Parkman  fhall,  on  or  before  the  firft  day  of  Jur;e  next,  give 
bonds  to  the  treafurer  of  this  Commonwealth,  with  lufficient 
fureties,  to  the  fatisfadion  of  the  agents  for  the  fale  ot  eaft- 
ern  lands,  conditioned  that  the  number  ot  families  required 
in  the  original  deed  to  be  lettled  on  faid  lands  (hall,  within  the 
term  of  four  years  from  the  fir  ft  of  June  next,  be  fettled  on 
faid  half  townlhip  of  l>»nd,  or  f.r  the  payment  of  thirty  dollaFS 
for  each  family  which  fhall  then  be  deficient. 


RESOLVES,  Feb.  19,   18 10.  407 


XGIX. 

Rejolve  rendering  'valid  the  doings  of  the  town  of  Limington,     Feb- 
ruary 19,  1810. 

On  the  petition  of  the  inhabitants  of  the  town  of  Liming- 
ton,  in  the  county  of  York,  ftating  that  the  lel..6tmen  of  faid 
town,  neglected  notifying  the  inhabitants  to  affemble  at  town 
meetings  in  manner  as  the  law  directs  and  doubts  have  arifen, 
whether  the  doings  of  faid  town,  at  iheir  feveral  town  meetings 
are  legal,  and  praying  that  their  feveral  town  meetings  held  in 
faid  town,  fmce  the  date  of  their  incorporation  ad  may  be 
rendered  valid,  the  aforefaid  neglect  of  the  feiectmen  notwith- 
flanding.     Therefore, 

Rtfoh^d,  That  the  feveral  town  meetings  held  in  faid  town 
of  Limington,  as  aforefaid,  be,  and  they  are  hereby  rendered 
good  and  valid,  as  though  the  feiectmen  had  notified  the  fev- 
eral town  meetings  in  way  and  manner  as  the  law  directs,  and 
all  proceedings  had  at  the  feveral  town  meetings  aforefaid,  be, 
and  they  are  hereby  fully  ratified  aJid  confirmed,  as  though 
the  fame  meetings  had  been  notified  according  to  law  :  Pro- 
vided however.  That  this  ihall  not  efl'ed  any  cafe  now  pend-- 
ing  before  any  Judicial  Court. 


C. 

Refohe  on  the  petition  of  Mary  and   fofeph  yohnfon.     February 

20,  i8io. 

On  the  petition  of  Mary  Johnfon  and  Jofeph  Johnfon. 

Refolvedy  That  the  faid  iVIary  Johnfon,  adminiftratrix,  on 
the  eitate  of  her  late  hulband.  Squire  Johnfon,  be,  and  fhe 
is  hereby  empowered  to  give  and  execute  a  good  and  lawful 
deed,  to  him  the  faid  Jofeph  Johnfon,  of  one  moiety  of  the 
land  mentioned  in  the  faid  petition,  according  to  the  prayer 
thereof. 


4oS  RESOLVES,  Feb.  20,  1810.. 


CI. 

Refohe  granting  eighty  dollars  thirty-four  cents,  to  Elizabeth  Chuff- 
chill,  for  fo  much  due  to  Jofhua  Totman,  her  former  hitfhand, 
who  was  a  fcrjeant  in  thefecond  Moffachufeits  regiment,  Feb- 
ruary 20,  18 10. 

On  the  petition  of  Elizabeth  Churchill,  widow  of  Jofhua 
Tntman,  late  a  Quarter -mafter-ferjeant  in  the  fecond  Maffa- 
chiifetts  regiment,  commanded  by  Col.  John  Bailey,  in  the 
late  revolutionary  war. 

Refolvtd,  That  eighty  dollars  and  thirty-four  cents  be  grant- 
ed and  paid  out  of  the  publick  treafury,  to  the  faid  Elizabeth 
Churchill,  in  full  compenfation  for  the  fervices  of  her  late 
hufband,  Jolhua  Totman,  as  Quarter-mafter-ferjeant  in  the 
faid  fecond  regiment,  being  a  balance,  due  to  the  faid  Totman, 
on  a  fettlement  of  the  army  accounts  ;  and  his  Excellency 
the  Governour,  with  the  advice  of  the  council,  is  requefted 
to  ilTue  a  warrant  on  the  treafuiy,  for  the  payment  of  the 
faid  ium  accordingly. 

CII. 

Refohe  on  the  petition  of  Jane  Sketup,  an  Indian  ivoman.     Feh- 

ruary  22,    18 io. 


On  the  petition  of  Jane  Sketup,  an  Indian  woman, 
Refohvcd,  for  the  reafons  fet  forth  in  the  faid  petition.  That 
Ezekiel  Euce,  Efq.  of  1  iftury  in  the  county  of  Dukes  county, 
be,  and  he  is  hereby  authorized,  after  due  notice,  to  fell  at 
publick  auction,  and  to  convey  the  real  eftate  of  the  faid  Jane, 
an  Indian  woman,  the  faid  Luce  giving  bonds  to  the  Judge  of 
Probate,  for  the  faid  county,  conformably  to  a  law,  entitled, 
**  An  ncl  direding  the  fettlement  of  the  eftates  of  perfons  de- 
ceafed,  and  for  the  conveyance  of  real  efiaie  in  certain  cafes.'* 


RESOLVES,  Feb.  22,  1810.  409 

cm. 

.Refolve  on  the  petition  of  Ebenezer  Clifford  and  Samuel  "Palmer^ 
authorizing  the  ^arter-majier-general  to  pur  chafe  cannon  of 
them,     February    22,   1810. 

On  the  petition  of  Ebenezer   Clifford  and  Samuel  Palmer. 

Refolved,  '1  hat  the  (^arter-matler-general,  be,  ^nd  he  is 
hereby  directed,  to  pur  chafe  of  the  faid  Clifford  and  Palmer, 
thirty-fix  pieces  of  cannon,  and  one  brafs  howitzer,  and  feve- 
ral  tons  of  cannon  balls,  recovered  by  them,  by  the  uf:;  of 
th^ir  diving  bell,  from  the  bed  of  Penobfcot  River,  if  the  faid 
feveral  articles  of  ordnance,  or  any  of  them,  are  wanted  fot 
the  ufe  of  the  Commonwealth,  and  can  be  had  at  a  reafonable 
price. 

CIV. 

Refolve  allowing  fifty  dollars  to  the  Preacher  of  the  EleSUon  fer- 
mon.     February  22,  1810. 

Refolved^  1  hat  there  be  allowed  and  paid  out  of  the  treafu- 
ly  of  this  Commonwealth,  the  fum  of  fifty  dollars,  to  the 
gentleman  who  fhall  preach  the  Eleftion  fermon,  on  the  laft 
Wednefday  of  May  next. 


CV. 

Refolve  on  the  petition  of  the  town  of  Chefter,     February  22, 18 10. 

Upon  the  petition  of  the  inhabitants  of  the  town  of  Chefter, 
praying  for  aid  in  building  and  maintaining  a  bridge  acrofs 
Wetifield  river  at  Falley's  Village,  fo  called. 

Refolved^  for  reafons  fet  forth  in  faid  petition.  That  the 
county  of  Hampfhire  be  direded  to  aid  and  affift  the  faid  town 
of  Chefter  in  building  and  maintaining  faid  bridge,  for  the 
term  of  ten  years  ;  and  the  Juftices  of  the  Court  of  Common 
Pieas  for  faid  coanty,  are  hereby  authorized  and  dire£led 
from  time  to  time,  to  ialert  in  their  eftimate  for  a  county  tax, 
fuch  ium  or  fums  of  money  as  may  be  thought  neceffary  for 
defic-ying  one  haif  the  expence  of  building  and  maintaining 


4IO  RESOLVES,  Feb.  22,  1810. 

faid  bridge  for  and  during  the  time  aforefaid,  to  order  pay- 
ment of  the  fame,  out  of  the  county  treafury,  whenever  they 
fhall  deem  it  neceflary — and  to  appoint  an  agent  or  agents  to 
fuperintend  the  expenditure  thereof. 

CVL 

Refohe  difchargin^   EH  Whitcomh  from  a  judgment  of  the   Court 
of  Common  Pleas,  county  of  Hancock.     February   11,  18  lo. 

On  the  petition  of  Eli  Whitcomb. 

Refolvid,  for  reafons  fet  forth  in  faid  petition.  That  the 
faid  Whitcomb,  be,  and  he  hereby  is  difcharged  from  a  judg- 
ment recovered  againft  him  in  favor  of  this  Commonwealth 
at  the  "i.  ourt  of  Common  l^leas,  holden  at  Caftine,  in  and  for 
the  county  of  Hancock,  in  June  lall,  for  fifty  dollars  and 
coils. 

cvir. 

Refohe  on  the  petition  of  the  Chappaquidick  Indians  and  grant  to, 
February    22.   1810. 

On  the  petition  of   a  number  of  natives  of  Chappaquidick. 

Refolvcd,  for  reafons  let  forth  in  faid  petition.  That  there 
be  allowed  and  paid  to  faid  natives  the  fum  of  twenty-five  dol- 
lars, out  of  the  treafury  of  this  Conimonwealth,  and  his  Ex- 
cellency the  Governour  by  advice  of  Counci.  is  hereby  re- 
quefted  to  iifue  his  warrant  upon  the  treafurer  for  the  pay- 
ment of  the  fame  accordingly. 

cviir. 

Refolve  on  the  petition  of  the  feledmcn  of  the  town  of  Rochcjler, 
February  22,    1810. 

Refolded,  for  reafons  fet  forth  in  faid  petition,  That  the  af- 
feffors  of  faid  town  of  l^ochefter  for  the  year  of  our  Lord 
one  thoufand  eight  hundred  and  nine,  be,  and  they  hereby 
are  authorized  and  empowered  to  make  out  a  warrant  in  due 
form  of  law  to  the  collector  of  faid  town,  for  the  year  atore- 
faid,  and  dehver  the  fame  to  faid  colledor,   and  fuch  warrant 


RESOLVES,  Feb.  C2,  1810.  411 

ihall  be  as  good  and  efFedlual  to  all  intents  and  purpofes  as  if 
the  fame  had  been  duly  committed  with  the  alTeflVnent  for  the 
year  aforefaid  to  the  fald  col  lector. 

CIX. 

Refohe  on   the  petition    of  the  original  proprietors  of  the  tozvii  of 
Sullivan.       February   22,    18 10. 

Upon  the  petition  of  the  committee  of  the  original  proprie- 
tors of  the  town  of  Sullivan,  praying  that  the  feledmen  of  that 
town  may  be  empowered  to  make  and  execute  deeds  to  faid 
proprietors  of  fifty  acres  of  land  each,  granted  them  by  a  re- 
folve  paifed  March  8,  h,D.  1804,  (the  time  having  expir- 
ed which  was  limited  in  faid  refolve  for  executing  faid  deeds.) 
Refolved^  That  the  faid  fele6lmen  be,  and  they  hereby  are 
authorized  and  empowered  to  make  and  execute  deeds  to  all 
faid  original  proprietors  or  their  legal  reprcfentatives,  who 
are  entitled  by  virtue  of  faid  refolve  to  fifty  acres  of  land  each, 
and  have  made  their  application  and  claim  thereof,  to  faid  I"e- 
leclmen  prior  to  the  firft  day  of  April,  A.  D.  1806 — upon 
their  paying  the  money  and  complying  with  all  the  conditions 
mentioned  in  faid  refolve,  which  deeds  fhall  have  the  fame 
force  and  effeft  as  if  they  had  been  executed  within  the  time 
therein  mentioned  :  Proinded,  The  fame  fhall  be  made  and 
executed  prior  to  the  fnil:  day  of  April,  A.  D.  1812. 

ex. 

Refohe  on  the  petition  of  John  P.  Shaza  and  others  for  ralfing  ti 
etmpany  of  Cavalry,  yd  Regiinent,  \fi  Brigade  %th  Divifon. 
February  22,  1 8  r  o. 

On  the  petition  of  John  P.  Shaw  and  others,  praying  for  lib- 
erty to  raife  by  voluntary  eniiftment,  a  Company  of  Cavahy 
in  the  3d.  Regiment  1  (I.  Brigade  and  8th.  JDivifion  of  the 
Militia  of  this  Commonwealth. 

Refolved,  That  his  i'Lxcellency  the  Governor,  with  the  advice 
of  the  council,  be  and  he  is  hereby  authoriz:;d  and  empowered  to 
raife  by  voluntary  eniiftment  a  company  of  Cavalry  within  faid 
third  Regiment,  hrfl  Brigade,  and  eighth  Divifion  of  the  Mi- 
litia of  this  Commonwealth  ;  Provided,  the  Itanding^  compa- 


412  RESOLVES,  Feb.  22,   1810. 

nies  in  faid  Regiment,  are  not  reduced  thereby  below  the  num* 
bcr  prefcribeil  by  iaw.  Said  company  of  Cavalry  when  raifed 
to  be  attached  to  the  fquadron  of  Cavalry  in  faid  firft  Brigade 
and  eighth  Divifion,  and  fubjed  to  all  fuch  rules,  and  regula- 
tions as  are  or  may  be  provided  by  law  for  governing  the  Mi- 
litia of  this  Commonweath. 


CXI. 

Hefolve  rendering  valid  the  ojfejfmcnt  of  taxes  in  federal  towns,  d'tf- 
tr'iBs  and parijhes,       February  22.  i8io. 

Whereas,  it  appears  that  in  many  of  the  Towns,  Diftricls, 
and  Parifhes  of  this  Commonwealth,  the  aiTefTors  have  neg- 
lected to  lodge  in  the  clerk*s  offi-^e  the  invoice  or  valuation, 
or  a  copy  thereof,  from  whence  the  rates  or  alTcflinents  were 
made.     Therefore, 

Refohed,  I  hat  the  alTeflment  of  taxes  made  in  the  feveral 
towns,  diftrids  and  parilhes  in  this  Commonwealth,  be,  and 
the  fame  are  hereby  rendered  valid  and  effedual  in  law,  the 
aforefaid  negled  of  the  aflellors  notwithflanding. 


CXII. 

Refohe  granting  Timothy  Hildrcth  iiventy  tzvo  dollars,  for  fervices 
?i;entioned.     February    22,  18 10. 

On  the  petition  of  Timothy  Hildreth,  praying  compenfa- 
tion  for  his  time  and  expences  in  apprehending  and  profecut- 
ing  William  Hagget,  for  paffing  counterfeit  money. 

Refolved,  for  reafons  fet  forth  in  faid  petition.  That  there 
be  allowed  and  paid  out  of  the  treafury  of  this  Commonwealth, 
to  the  faid  Timothy  Hildreth,  the  fum  of  twenty-two  dollars, 
in  full  compenfation  for  his  fervices  as  fet  forth  in  his  petition, 
and  his  Excellency  the  Governor,  with  the  advice  of  the  coun- 
cil, is  rcquefted  to  draw  his  warrant  on  the  treafury  therefor. 


liESOLVES,  Feb.  22,  1810.  415 


CXIII. 

Refolve  granling  Oliver  Bray  and  others^  leave  to  ra'ife  a  company 
of  Rifle-men  in  Portland.     February/  22,  1810. 

On  the  petition  of  Oliver  Bray  and  others,  prayin;^  for  leave 
to  raife  a  company  of  rifle-men  in  the  town  of  Portland,  and 
county  of  Cumberland,  in  the  fixth  repfiment  of  the  fecond 
brigade  and  fixth  divifion  of  the  militia  of  this  Common- 
•ivealrh. 

Refohed,  That  his  Excellency  the  Governour,  with  the  ad- 
vice of  Council,  be,  and  he  is  hereby  authorized  to  raife  by 
voluntary  enliitment  a  company  of  riflemen,  in  the  town  of 
Portland,  in  the  county  of  Cumberland,  in  the  fixth  regiment, 
fecond  brigade,  and  fixth  divifion  of  the  militia  of  this  Com- 
monwealth, which  company  fiiall  be  annexed  to  the  faid  reg- 
iment, and  be  fubjeft  to  all  the  ruf.'s,  regulations  and  reftric- 
tions,  which  are  or  may  be  provided  by  law,  for  regulating 
and  governing  the  militia  of  this  Commonwealth. 


CXIV. 

lief oJve  granting  to  the  Superinfendjn*,  of  the  Staters  Prifon^  the 
balance  of  his  account  Z)  1548 1,9  6,  and  appropriating  £)  10,000 
to  meet  the  expcnces  of  that  injlitution.        February  23,  j  8 1  o. 


The  Committee  of  both  HouTes  ^.-jpointed  to  examine  the 
accounts  of  the  Stat,i's  Prifon,  report  that  they  have  a'tended 
to  the  duties  afligni^d  to  the;./!,  and  believe  the  accounts  to  b^ 
correct.  'I'hey  find  that  the  whole  expence  of  that  inflituiioa 
ti-em  Dece  nbe'/,  1808,  to  Decen^^ber,  1S09,  amounted  to 
037,386,46,  and  that  the  receipts  by  the  fale  of  manufadured 
ticles,'^&c.  amounted  in  that  year  to  t)8904,<;o.  'I'hey  aifo 
find  that  the  Ls^'^iO'iture  in^their  bfc  winter  feilion  granted  to 
the  fupportof  rliis  initi'iuHon  Dicr,ooo,  and  in  Iheir  June 
feflion  1)3000,  and  that  there  are  now  demands  againit  the 
prifon  of  .015481,96. 
Fff 


414  RESOLVES,  Feb.    23,   1810. 

Your  Committee  would  alfo   further   reprefent,  that   there 
Tvere  on  hand  on  the  fir  t  day  of  December,  1809,   manufac- 
tured articles  appraifed  at  D11772     4 
and  raw  materials  valued  at  1277  90 


tions. 


13049  94 
Your  Committee  a(k  leave  to  fubmit  the  following   refolu- 
ms. 

WILLIAM  SPOONER,  per  order. 

Rcfohcd^  That  there  be  allowed  and  paid  out  of  the  treafury 
of  this  commonwealth  to  Daniel  Jackfon,  Kfq.  faperintendant 
of  the  state's  Prifon,  the  fum  of  fifteen  thoufand  for  hundred 
and  ei;^hty  one  dollars  and  ninety  fix  cents,  being  the  balance 
of  his  account  to  the  firll  day  of  December,  one  thoufand  eight 
hundred  and  nine  ;  and  his  Excellency  the  Governour,  by  and 
with  the  advice  of  council,  is  hereby  authorized  to  iffue  his 
warrant  accordingly. 

Be  it  further  rcfolvcd^  That  his  Excellency  the  Gov  ernour, 
by  and  with  the  advice  of  council  be,  and  he  is  hereby  author- 
ized to  draw  warrants  upon  the  treafurer  of  this  common- 
wealth in  favor  of  the  fuperintendant  of  the  State's  Prifon  for 
fuih  fums,  at  fuch  periods  as  may  be  deemed  expedient  by 
the  Governour  and  Council,  notexcedin^  ten  thoufand  dol- 
lars, to  enable  laid  fuperintendant  to  perform  his  contrads, 
and  defray  the  expences  of  faid  prifon  the  prefent  year,  he  to 
be  accountable  for  the  fame. 

cxv. 

Refdvefor   e/lablijhing  a  Light  Infantry  Company  in  Mind.     Feb- 
ruary 23,  1 8 10. 

On  the  petition  of  Chcfley  Hatch  and  others,  for  leave  to 
raife  a  Company  of  Light  Infantry. 

Refohcdy  That  his  Excellencv  the  Governour  w^ith  the  advice 
of  the  council  is  hereby  authorized  and  requefled  to  eftabliih 
a  Compaiiy  of  Light  Infantry  by  voluntary  enliftmenf  in  the 
town  of  Miaot,  and  to  be  fubjetl:  and  attached  to  the  fifth  re- 
giment, in  the  third  brigade,  in  fixth  divifion  of  the  Militia. 
■.FroviJai,  That  the  forming  and  embodying  the  faid  company 
doth  riot  reduce  the  etT:abliflied  Militia  Company  in  the  faid 
tpwn,  below  the  number  required  by  law. 


RESOLVES,  Feb.  24,  18 lo,  415- 


CXVI. 

Refohe  on  the  petition  of  Gad  and  Betfey  Warriner-     February  24, 

1810. 

On  the  petition  of  Gad  Warriner,  and  Betfey  Wairiner,  of 
Weft  Springfield,  in  the  county  of  Hamplhire,  guaniJans  to 
to  Norman  Warriner,  Lewis  Warriner  and  Betfey  Warriner, 
the  only  furviving  heirs  of  Lewis  Warriner  late  of  faid  Weft 
Springfield,  deceafed,  ftating  that  the  faid  Lewis  Warriner  de- 
ceufed,  and  Benjamin  Day,  late  of  faid  Weft  Springfield  deceaf- 
ed, agreed  to  exchange  certain  lands  which  they  owne.t,  fituate 
in  faid  Weft  Springfield,  and  that  the  heirs  of  faid  Lewis  will 
be  expofed  to  great  lofs  unlefs  the  agreement  can  be  carried 
into  effed. 

Refohed,  For  reafon  fet  forth  in  faid  petition  that  the  faid 
Gad  Warriner,  and  Betfey  Warriner  be,  aad  they  hereby  are 
authorized  and  emj  owered  to  releafe  to  Keman  Day,  one  of 
the  devifees  in  the  willof  the  faid  Benjamin  Uay  deceafed  all 
the  right  and  title  which  Norman  Warriner,  Betfey  Warriner 
and  Lewis  Warriner,  children  and  heirs  of  the  faid  Lewis 
Warriner,  deceafed,  have  in  and  to  the  following  pieces  of  land, 
lying  in  faid  Weft  Springfield,  to  wit,  one  piece  containing 
twenty  acres,  be  the  fame  more  or  lef>,  on  Pickle-hill  (fo  cal- 
led) bounded  weft  on  a  ditch  and  on  land  lately  belonging  to 
John  Beach,  fouth,  eaft  and  north  on  a  ditch  ;  alfo  one  other 
piece  of  land,  containing  feventeen  acres  and  an  hali  on  Pickle- 
hill,  being  the  fouth  fide  of  the  grant  to  Mr.  Holyoke,  and  is 
bounded  weft  on  a  ditch,  and  to  run  on  the  ditch  from  John 
Barber's  land  northerly  thirty  rods,  foutherly  on  John  Bar- 
ber's land,  eaftwardly  on  a  ditch,  and  running  northlery  on  the 
ditch  from  John  Barber's  land  twenty  two  rods  and  one  fourth 
of  a  rod,  northerly  on  land  which  the  faid  Benjamin  agreed 
to  convey  to  the  faid  Lewis,  w^hich  deed  ftiall  be  effe£tual  in 
law  to  convey  to  the  faid  Heman  Day  all  the  right  and  title  of  the 
faid  Norman,  Betfey  and  Lewis,  in  and  to  lands  above  defcrib- 
ed  :  Provided^  That  the  faid  Heman  Day  fhall  deliver  to  the 
faid  Gad  and  Betfey,  to  be  reeorded,  a  certain  deed  executed 
and  acknowledged  on  the  feventeenth  day  of  April,  in  the 
year  of  our  Lord  one  thoufand  feven  hundred  and  ninety  feven, 
by  the  faid  Bejamin  Day,  deceafed,  by  which  he  conveyed  to 
the  faid  Lewis  Warriner^   deceafid,   the  following  tra,6l6   of 


41 6  RESOLVES,  Feb.   «4,   1810. 

land  lying  in  faid  Weft  Springfield,  at  a  place  called  Pickle-hill, 
to  wit,  one  piece  containing  twenty  acres  lying  on  tlie  faid  hill, 
bounded  weft  on  a  ditch,  and  fouih  on  a  ditch,  eaft  on  a 
ditch  lunning  bet\^een  this  twenty  acre  lot,  and  the  grant  to 
Mr.  Holyoke,  then  bounding  north  on  an  ancient  highway 
on  the  top  of  the  hill,  referving  to  himfelf  his  heirs  and  athgns 
a  right  of  way  acrofs  the  fame  ;  alio  one  other  piece  of  iJnd 
containing  feventeen  acres  and  an  half,  being  part  of  the  fifty 
acre  lot  granted  to  Mr.  Holyoke,  beginning  at  the  nonhwcft 
corner  of  the  lot  which  faid  Lewis  agreed  to  convey  to  the 
faid  Benjamin  on  the  ditch,  and  running  eall  eleven  degrees- 
and  thirty  minutes  fouth,  on  the  north  fide  of  the  land  which 
the  faid  Lewis  agreed  to  convey  to  the  faid  Benjamin  to  the 
ditch  at  the  corner  of  faid  land,  one  hundred  and  twenty  rods, 
thence  running  northward  on  faid  ditch,  nineteen  rods,  then 
ueft  near  fifteen  degrees  north  one  hundred  and  thirty  four 
r'ids  to  a  ditch  at  the  weft  end,  then  fouthwaidly  on  the  faid 
ditch  twenty  feven  rods  ;  provided  alfo,  that  the  faid  Heman 
Day  fliall  releafe  to  Jabez  Kirkland,  the  tenant  in  pofi'efr 
fioji,  all  the  right  and  title  which  he  the  faid  Heman  may  have 
in  and  to  the  two  trads  of  land  laft  mentioned. 

CXVIL 

Rcfohe  aifthorizinir^  'John  Dukinfcn  to  rccotnry  a  ccriain  piece  of 
land  in  Mach'ias.     February    24,   1810. 

On  the  petition  of  John  Dickinfon  executor  of  the  laft  will 
and  teftament  df  Levi  taiibank,  late  of  Machias  in  the  county 
of  Wafliington,  i:fq.  deceafed, 

luihli'id^  1  hat  f()r  rcalons  forth  in  his  faid  petition,  JohnDick- 
infor.,  ol  Machi<is,  in  the  county  of  Wafliington,  executor  of  the 
faft  will  and  teftament  of  Levi  Fairbank,  late  of  faid  Machias, 
deceafed,  be  and  he  hereby  is  authorized  and  empowered  to  re- 
convey  by  deed,  duly  executed,  to  John  Babcock  Hilliard,  of 
faid  Machias,  a  certain  peire  of  land  fituated  in  faid  Machias 
and  hounded  as  follows,  v..z  fcutheily  and  weftcrly' by  the 
eaftern  branch  cf  Machias  river,  northerly  by  Wallace  Fin- 
lunlon's  land,  and  callcrly  by  Aaron  Llai.fcom,  junr'^..  land,  con- 
taining about  icur  acies  and  one  half  an  acre  of  land,  together 
\vith  the  buildings  thereon,  and  alfo  one  eighth  part  of  the 
faw,  of  the  double  fawmiU  (commonly  called  iNone-fuch)  fit- 
iiated  on  the  faid  eaftcru  biunch  of  Machias  river,  being  the 


RESOLVES,  Feb.  26,   18 10.  4j;l 

iame  land  and  eiejhth  part  of  a  faw  niill  mentioned  and  con- 
veyed infaid  Hilliard's  deed  to  faid  Fairbank,  on  the  thirteenth 
day  of  November,  in  the  year  of  our  Lord  one  thoufand  ci-ht 
hundred  and  fix  :  Prcvidul,  Tht- faid  Hilhard  (ha.l  beiore  the 
execution  of  the  deed  herein  above  provided  for,  pay  and  j'atif- 
fy  his  juft  proportion  of  the  debts  due  from  the  late  firm  of 
Fa->bank  and  Hilliard,  of  which  the  faiu  Hilliard  and  Fair- 
barik  were  members.  Alfo  refolved,  I'hat  faid  Dickinlon  be 
and  he  hereby  is  empowered  and  authorized  to  reconvey  to 
faid  Hiiiiard,  one  fourth  part  of  a  certain  faw  mill  and  privi- 
lege fituated  in  Steuben  in  the  county  of  Wafhin..;tQn,  on 
'I'unck  dream  fo  called,  which  mill  is  commonly  known  by  the 
name  of  lutuk  Mill  being  the  fame  which  was  conveyed  by 
faid  Millard  to  faid  Fairbank  on  the  lirft  day  of  December,  in 
the  year  of  our  Lord  one  thoufand  eight  hundred  and  fix  : 
Provid'd^  Ihe  faid  Hillard  (hail  before  the  reconveyance  of 
faid  !!iill  to  him,  procure  a  difcharge  of  laid  Fairbank,  his  heirs 
and  affigns,  from  all  demands  on  account  of  any  promifTory 
note>  figned  by  faid  Milliard  and  endorfed  for  him  by  faid  Fair- 
bank  as  fursty  for  the  payment  thereof. 

CXVIIL 

Refohve  on  the  petition  ofjofeph  Wales ^  authorifing  the  'Judge  of 
Probate  of  Worcejier  County  to  allow  his  account.  February  26, 
1810, 

On  the  petition  of  Jofeph  Wales,  praying  that  the  Judge  of 
Probate  for  the  county  Worcefter,  may  be  authorized  to  allow 
his  accpunt  for  rfepairs  made  on  the  eftate  fet  off  to  Mary  Wil- 
lard  iis  her  dower  in  the  eltate  of  Abijah  Willard,  deceafed. 

R-efolved,  for  reaf;^ns  fet  forth  in  faid  petition,  I'hat  the 
Judge  of  l^robate,  for  the  county  of  Worcefter,  be,  and  he 
hereby  is  authorized  and  empowered  to  allow  to  the  faid  Jo- 
fcph  Wales  i'o  much  of  his  account  for  the  repairs  made  on  the 
Cif  .ite  fet  off  in  dower  to  Mary  Willard,  the  widow  of /\bijah 
Milliard,  previous  to  the  fale  thereof,  ior  the  benefit  of  the  cred- 
itois,  as  under  all  the  circumftances  of  the  cafe  fhall  to  the 
faid  Judge  appear  juit  and  realonable. 


41^  RESOLVES,  Feb.  26,  i8io.- 

CXIX. 

J^efolve  abating  the  town  of  Tor k,  a  fine  on  certain  conditions.     Feb- 
ruary 26,    1810. 

On  the  petition  of  the  inhabitants  of  the  town  of  York,  ia 
the  county  of  York,  by  their  aj^ent, 

Refolved,  for  reafons  let  forth  in  faid  petition,  1  hat  the  in- 
habitants of  the  town  of  York  be  difchar^^ed  from  paying  a 
fine  of  one  hundred  dollars,  awaided  by  the  Supreme  judi- 
cial Court  holden  at  Alfred,  in  faid  county,  on  the  laft  iuef- 
day  of  Odober,  1809,  on  account  of  bad  roads,  on  condition 
that  the  faid  I'um  of  one  hundred  dollars  be  faithfully  expend- 
ed on  the  road  and  bridge  over  a  creek  as  lately  laid  out  be- 
tween the  meeting  houfe  and  the  lower  bridge  over  York  riv- 
er by  the  firfl  day  of  .-.uguft  next,  under  the  direction  of  the 
feleftmen  in  addition  to  the  fum  that  is  ufually  raifed  by  laid 
town  tor  the  repairs  of  highways  the  enfuiug  year,  the  faid  in- 
habitants producing  faiisfadiory  evidence  of  fuch  expenditure 
to  the  Supreme  Judicial  Court  next  to  be  holden  at  Alfied, 
Tvithin  faid  county,  and  paying  cods  of  faid  profecution. 

cxx. 

Rsfolve  authorizing  Samuel  Brooks  to  apply  for  a  jury  to  ejlimatc 
damages  he  has fujiaincd.     February    26,   1810. 

On  the  petition  of  Samuel  Brooks,  dating  that  he  has  failed 
to  make  iipplication  to  the  late  Court  of  Scflions  for  a  jury  to 
eilimate  damages  done  him  by  having  a  road  laid  out  through 
his  land,  and  praying  that  he  inay  Itill  have  liberty  to  make 
luch  application. 

Refolved,  for  reafons  fet  forth  in  faid  petition.  That  Samuel 
Brooks,  of  Worcellcr,  in  the  county  of  Worcefter,  be,  and 
he  is  hereby  authorized  to  make  application  to  the  Court  of 
Common  Picas,  next  to  be  holclen  at  Worcefter,  in  and  for  the 
county  of  Worcelttr,  for  a  jury  to  eilimate  the  dunnages  he 
has  fullained  by  the  laying  out  and  opening  a  road  through 
his  land,  which  road  begins  near  the  dwelling  houle  of  Mrs.. 
Chadwick,  and  coming  out  near  the  dwelling  houfe  of 
Nathaniel  Flagg,  in  faid  Worcefter,  and  faid  Court  of  Com- 
mon Pleas  are  hereby  authorized  to  fuftain   the  faid  applica- 


RESOLVES,  Feb.  2^,  1810.  419 

tion  and  grant  the  fame,  in  the  fame  manner  the  Court  of  Sef- 
fions  then  exiilhig  miglit  have  done,  had  the  anpHcation  been 
made  within  the  time  prcfcribed  by  law,  and  the  jury  fo  tobe 
appointed  fhall  have  the  fame  powers  and  duties  that  any  ju- 
ry feafonably  aopointed  by  faid  Court  of  SelTions  would  have 
had. 

CXXI. 

Refolve  on  the  peiitim  of  Phincas  Glcafon  and  others.     February 

26,   1810. 

On  the  petition  of  Phineas  Gleafon  and  others,  praying  for 
leave  to  raife  a  company  of  li'^^ht  infantry  in  the  fecond  regi- 
ment, fecond  brigade,  and  feventh  divifion  of  militia  of  this 
Commonwealth. 

Refohed^  That  his  Excellency  the  Governour,  with  advice 
of  Council,  be,  and  he  is  hereby  authorized,  to  raife  by  vol- 
untary enliflment  a  company  of  light  infantry,  in  the  fecond 
regiment,  fecond  brigade  and  feventh  divifion  of  militia  of 
this  Commonwealth,  which  company  (hall  be  annexed  to  the 
faid  regiment,  and  be  fubjed  to  all  the  rules  regulations  and 
reftriftions,  which  are  or  may  be  provided  by  law  for  regula- 
ting and  governing  the  militia  of  this  Commonwealth. 

CXXII. 

Refolve  grantmg  Delherance   Bemiet   thirty  two  dollars  twenty  fix 
cents.     February  26,  1810. 

On  the  petition  of  Deliverance  Bennet,  fetting  forth  that  he 
'was  a  private  foldier  in  the  late  revolutionary  army  of  the  Uni- 
ted States,  and  in  the  regiment  commanded  by  Col.  1  homas 
Marfh;ill,  and  that  there  retnains  on  the  books  of  faid  Regi- 
ment a  fmall  balance  in  his  favour  which  remains  unpaid. 

Reflved,  For  reafons  fet  forth  in  faid  petition,  that  there  be 
allowed  and  paid  out  of  the  publick  treafury  to  the  faid  Deli- 
rerance  Bennet  the  fiim  of  thirty  two  dollars  and  twenty  fix 
cents  in  full  of  faid  balance. 


420  RESOLVES,  Feb.  26,   18 10, 


CXXIII. 

Kefolve  nuiljor'iz'mg  the  Goveriiour  with  advice  of  Council  to  ejlahlijh 
a  Company  of  Light  Infantry  in  the  town  of  Haver  hill,  Feb- 
ruary 26,  1810. 

On  the  petinn  of  Jofeph  Hovey  prayinjr  that  he  may  be  per- 
mitted to  raife  a  Company  of  Light  Infantry  in  the  town  of 
Haverhill. 

Rffohed,  That  the  Governour,  bv  and  with  the  advice  of 
the  Clou::ci!,  be  and  he  hereby  is  iiuihori;;ed  and  empowered  to 
eftablifh  a  company  of  Light  Infa  irv  in  the  town  of  H;u'erhill, 
which  con-pany,  when  railed,  is  to  be  annexed  to  the  fifth  re- 
giment, fecond  brigade,  and  feconJ  Divifion  of  the  militia  of 
this  commonwealth.  Provided,  the  forminci;  of  Did  company 
fhall  not  in  its  operation  reduce  the  eflabli'hed  militia  comoa- 
Hies  in  faid  town  of  Haverhill  below  the  numbers  piefcribed 
by  law. 


CXXIV. 

Refolvc  authorizing  the  Governour,  with  advice  of  the  council,  to 
raife  a  Light  Infantry  Company  in  the  town  of  Eajion.  Feb- 
ruary 27,  1810. 

On  the  petlon  of  Leonard  Perry  and  others  praying  for 
leave  to  raife  a  Company  of  Light  Infantry  in  the  town  of 
Eafton,  in  the  county  of  Briflol,  in  the  fourth  regiment  of  the 
fecond  brl;^ade  and  fifth  divifion  of  the  militia  of  this  com- 
m  'nwealth. 

Refoived,  That  his  Excellency  the  Governour  with  advice 
of  council,  be,  and  he  is  hereby  authorized  to  raife  by  volunta- 
ry enlillment  a  Company  of  Light  Infantry  in  the  town  of 
Eafton,  in  the  county  of  Briftol,  in  the  fourth  regiment  of  the 
fecond  brigade  and  fifth  divifion  of  the  militia  of  this  common- 
wealth, which  company  fliall  be  annexed  to  the  faid  regimf-.it 
and  be  fubjed  to  all  the  rules,  regulations  and  reftrictions 
which  are  or  may  be  provided  by  law  for  regulating  and  gov« 
erning  the  militia  of  this  commonwealth. 


RESOLVES,  Feb,  27,  1810.  421 


cxxv. 

Refolvs  rcfpeding  the  Natick  tribe  of  Indians,  and  for  appointing  a 
Guardian.     February  27,  1  8 1  o. 

"Whereas  a  refolve  on  the  petition  of  the  Natick  tribe  of  In- 
dians, was  paffeJ  on  the  2 1  It  February,  1809,  and  doubts  have 
ai  ifen  as  to  the  fufficiency  of  faid  refoive  to  effect  the  purpofes 
intended.     Therefore, 

Refolvedy  That  his  Excellency  the  Governour,  by  and  with, 
the  advice  of  council,  be,  and  he  hereby  is  authorized,  from, 
time  to  ti;ne,  to  appoint  a  guardian  to  the  Natick  tribe  of  In- 
dians, under  fuchredridtions  and  regulations  as  they  may  think 
neceiTary,  and  the  fame  at  pleafure  to  difplace  ;  and  any  former 
refolve  appointing  a  guardian  be  and  hereby  is  repealed  afier 
a  '.other  guardian  lliall  have  been  appointed  in  manner  afore- 
faid. 


CXXVI. 

E.cfoh-c  on  the  petition  of  Robert  Green  and  Caleb  Shattiick,  dif- 
charging  faid  Caleb  frora  a  recognizance,     February  27,  18 10. 

On  the  petition  of  Robert  Green  and  Caleb  Shattuck^, 
praying  that  the  faid  Caleb  may  be  difcharged  from  a  recog- 
nizance in  which  he  recognized,  together  with  the  faid  Rob- 
ert Green,  as  his  fecarity,  bv^fore  Abraham  Lincoln,  Efq.  one 
of  the  Jurtices  of  the  Peace  for  the  crunty  of  Worcester,  on 
the  thirtieth  day  of  M.irch,  iti  the  yei'r  of  our  Lord  one  thou- 
fand  eight  hundred  and  nine,  for  the  appearance  of  the  faid 
Robert  Green  at  the  next  >)upreme  Judicia*  Court  to  be  hol.l- 
en  in  and  for  the  county,  in  the  fum  of  two  hundred  dollars. 
^"^' Refohed,  That  the  faid  Caleb  be  difcharged  from  the  afore- 
faid  recognizance,  and  that  all  proceedings  thereon  be  flayed, 
upon  the  payment  of  all  cofts  at  the  Supreme  Judicial  Court, 
next  to  be  holden  at  Wofcefter,  within  and  for  the  county  of 
Worcefter,  which  fliall  then  have  arifen  upon  the  fuit  which 
has  been  commenced  againft:  the,  fliid  Caleb  on  the  recogniz- 
ance aforefaid. 


42^  "RESOLVES,  Feb.  27,  i8ic.. 

CXXVII. 

Refohe  making  a  grant  to  the  Attorney  General  and  SoUeitor  Gen-- 
eral.     Febntary  zy,  iS  10. 

Rcfohed,  That  there  be  allowed  and  paid  out  of  the  publick 
treafury  to  Barnabas  Bidwell,  Efq.  Attorney  General,  and  to 
Daniel  Davis,  Efq.  Solicitor  General,  the  fum  of  fix  hundred 
and  thirty  five  dollars,  in  addition  to  their  falary  ellabliihed  by 
law,  which  Ihall  be  in  full  for  their  fervices  and  falary  to  the 
ftift  day  of  March,  18 10.  And  that  from  and  after  that  time, 
the  faid  Attorney  and  Solicitor  General  fhall  keep  an  accurate 
account  of  all  the  fervices  which  they  (hall  do  and  perform 
for  the  Commonwealth  ;  and  of  all  fees  which  they  fhall  re- 
ceive, or  which  may  be  due  therefor,  and  alfo  of  all  cofls  by 
them  received,  or  taxed  on  fuits  by  writs  of  fcire  facias  in 
favour  of  the  Commonwealth,  and  exhibit  the  fame  account 
to  the  next  Legiflature,  at  the  fecond  feffion  thereof. 

CXXVIII. 

Refohe  on  the  petition  of  Jofepb  Bcmis,  of  Canton.     February  27, 

1810. 

On  the  petition  of  Jofeph  Bemis,  of  Canton,  in  the  county 
of  Norfolk,  dating  that  by  a  refolve  of  this  Legiflature,  bear- 
ing date  March  i,  1800,  he  was  appointed  guardian  to  a  tribe 
of  In  ians,  called  the  Funkapogue  Tribe,  and  that  by  a  refolve 
dated  February  14,  1798,3  committee,  confiding  of  Elijah 
Dunbar,  Efq.  Benjamin  Gill  and  William  Beech,  were  appoint- 
ed for  the  purpoies  therein  mentioned,  and  that  two  of  the 
faid  committee,  viz.  Benjamin  Gill  and  William  Beech,  having 
fince  deceafed,  and  praying  this  Legiflature  to  appoint  two 
other  perfons  to  fill  up  the  vacan<:y 

Therefore  refohed.  That  Benjamin  Tucker  and  Samuel 
Blackman  be  and  they  hereby  are  appointed  to  fill  the  vacan- 
cy in  faid  committee  with  the  fame  powers  inveiled  in  the  o- 
riginal  committee. 


RESOLVES,  Feb.   i6,  i8ip.  4^ 

CXXIX. 

T^efolve  OH  the  petition  of  Thomas  Powers.     Feburary  28,  180 1. 

On  the  petition  of  Thomas  Powers,  praying  that  a  further 
time  may  be  allowed  to  the  creditors  of  the  eftate  of  James 
Sloan,  late  of  Greenwich,  in  the  county  of  Hampfliire,  deceat 
cd,  reprefented  infolvent. 

Refohed,  For  reafons  fet  forth  in  faid  petition,  that  the 
Judge  of  Probate  for  the  county  of  Hampfliire  be  authorized 
to  extend  the  commiffion  of  infolvency  on  the  eftate  of  faid 
James  Sloan,  either  by  giving  authority  to  the  commiilioners 
heretofore  appointed,  or  by  appoiating  new  commifTK  ners,  as 
he  fhall  judge  proper,  fo  far  as  to  allow  a  further  time  of  fixty 
days  from  the  palling  of  this  refolve,  for  any  creditor  or  credi- 
tors to  bring  in  their  claims  to  faid  eftate. 

Provided,  That  the  coramifli oners  appointed  under  this  re- 
folve,  give  notice  of  the  time  and  place  of  their  meeting,  by 
publifliing  the  fame  in  the  Hampfhire  Gazette,  printed  at 
Northampton,  in  faid  county,  and  by  pofting  the  fame  in  one 
publick  place  in  the  town  of  "Greenwich,  at  leaft  ten  days  pre- 
vious thereto  :  Aiid  provided  alfo,  J  hat  all  the  expences  a- 
rifmg  under  this  reiolve,  be  born  by  fuch  creditor  or  creditors 
-as  fhall  prove  new  claims. 

cxxx. 

Hefohefor  paying  the  troops  and  others,  for  fervlces  and  fupplies 
in  the  late  apprehended  Infurrcdion  in  KennebecL  February 
28,  i8io» 

The  committee  of  both  houfes  to  whom  was  referred  his  Ex- 
cellency the  Govcrnour's  communication  relative  to  the  appre- 
hended infurredion  in  the  county  of  Kennebeck,  in  the  months 
of  0£lober  and  November  laft,  with  all  the  papers  and  docu- 
ments accompanying  the  fame^ 

yifk  leave  further  to  report,  1  hat  your  committee  have  in 
compliance  with  the  relolution  which  paffed  both  branches  of 
the  Legillature,  and  was  approved  by  the  Governour  of  Feb- 
ruary  16,  18 10,  caufed  to  be  completed  the  pay  rolls  for  the 
feveral  companies  of  militia  which  were  called  out  and  ferved 
in  faid  apprehended  infurredion,  agreeably  to  the  inftirudions 


424  RESOLVES,  Feb.  28,  iBio. 

to  them  in  faid  refolutions  given,  and  have  accurately  afcertatDr 
ed  the  total  amount  oF  each  pay  roll. — Your  committee  have 
alfo  examined  wilu  care  and  attention  the  accounts  of  the  fev> 
era!  towns  which  furnifhed  rations  and  other  fupplies  for  the 
troops  of  their  feveral  towns  agreeiibly  to  law^  in  the  like  cafes 
provided. — Your  committee  have  examined  other  accounts 
and  documents  for  incidental  charges  during  the  whole  of  the 
time  in  which  the  rroops  were  in  fervice  ;  fuch  as  expences 
for  barracks,  and  other  quarters  for  the  troops,  fire-wood, 
doftoi's  bills,  horfe  hire,  reconnoitring  parties  and  fuch  other 
things  as  neceffarily  became  matters  of  charge  ;  and  have 
afcertained  the  amount  thereof,  which  in  the  opinion  of  your 
committee  /hould  be  allowed  and  paid.  The  amount  of  the 
f^ms  contained  and  entered  on  the  pay  rolls  of  the  feveral 
companies  made  out  and  footed  agreeably  to  the  aforefaid 
rcfolution,  areas  follows  viz 

On  pay  roll  No  1,  Samuel  Cony,  commanding  officer 
oft  he  detachment,  for  his  wages 
and  rations  S238  66 

Qn  pay  roll  No.  2,  Containing  the  officers,  non  com- 
niiffioned  officers  and  foldiers  of 
Cap.  keuel  Howard's  company  of 
Augulta  669  43 

On  pay  roll  No.  3,  Containing  the  officers  non-com- 
miffioned  officers  and  foldiers  of 
Capt.  BcnjaminPrefcott's  company 
of  Hallowell  716  74 

On  pay  roll  No.  4,  Containing  the  officers,  non  com- 
milfioned  officers  and  foldiers  of 
C'apt.  Spencer  Fenno's  company  of 
Hd'.Iowell  234  96 

On  pay  roll  No.  5,  Containing  the  officers,  non  com- 
miifiontrd  officers  and  foldiers  of 
Capt.  William  H.  Page's  company 
of  artillery,  of  Hallowell  ^5^  33 

On  pay  roll  No.  6,  Containintr  the  officers,  nnn  com- 
nufiloneJ  officers  and  foldiers  of 
Capt.  Stephen Lovejoy's  company, 
of  Sidn  y  1 121  65 

On  pay  roll  No.  7,  Cornaining  the  officers,  non  com- 
milfioned  officers  and  foldiers  of 
Capt.  Levi  Jchnfon's  company  of 
Readlield  960  c^p 


RESOLVES,  Feb.  2?,  18 10.  425- 

£)n  pay  roll  No.  8,  Containing  the  officers,  non  com- 
miffioiied  officers  and  foldiers  of 
Capt.  Elijah  Davenport's  company 
of  Winthrop  654  59 

On  pay  roll  No.  9,  Containing  the  officers,  non-com- 
miffioned  officers,  and  foldiers  of  a 
company  commanded  by  Litut.  E- 
lijah  Snell,  of  Winthrop  318  69 

On  pay  roll  No.  10,  Containing  the  officers,  non-com- 
niiffione.i  officers  and  foldiers  of 
Capt.  Jofeph  P.  Chandler's  com- 
pany, of  Monmouth  123  72 

On  pay  roll  No. II,  Containing  the  officers,  non-com- 
miffioned  officers  and  foldiers  of 
C  apt.  Thomas  Cofs's  company,  of 
Pittfton  149  36 

On  pay  roil  No.  1 2,  Containing  the  officers,  non-com- 
miffioned  officers  and  foldiers  of 
Capt.  Benjamin  Palmer's  compa- 
ny, of  Fayette  694  53 

On  payroll  No.  13,  Containing  the  officers,  non-com- 
miffioned  officers  and  foldiers  of 
Capt.  Jonathan  Low's  company, 
of  Vaifaiborough  785  27 

On  payroll  No.  1 4,  Containing  the  officers,  non-com- 
miffioned  officers  and  foldiers  of 
Capt.  John  Stone's  company  of 
Gardiner  956  8® 

On  a  roll.  No.  15,  Containing  fundry  incidental  char- 
ges, viz.  for  barracks,  and  other 
quarters  for  the  troops,  fire-wood, 
doftors'  bills,  horfe  hire,  recon- 
oitring  parties,  and  other  matters 
and  things  as  entered  on  faidroll    411  o© 


8187  24 


Accounts  examined,  and  propofed  by  the  committee  to  be 
allowed  to  the  towns  which  furniffied  rations  and  other  fup- 
plies  for  the  troops  of  their  feveral  towns  agreeably  to 
Jaw,  are  jis  follows,  viz. 


426  RESOLVES,  Feb.  28,  181*. 

To  the  t6wn  of  Augufl:a,as  per  account  allowed  No.  i    311  28 

To  the  town  of  Sidney,  as  per      do.        do.     No.  2    438  33 

To  the  town  of  VafTalboro,*  per     do.        do.     No.  3    369  27 

To  the  town  of  Pittlion,  as  per     do.        do.     No.  4      46  92 

To  the  town  of  Winthrop,  as  per  do.        do.     No.  5    354  69 

To  the  town  of  Readfield,  as  per  do.        do.     No.  6    355  66 

To  the  town  of  Monmouth, as  per  do.        do.     No.  7      29  9 

To  the  town  of  Hallowell,  as  per  do.        do.     No.  8    339  22 

To  the  town  of  Gardiner,  as  per   do.        do.     No.  g    286  83 

To  the  town  of  Fayette,  as  per       do.        do.     No.  10  237  25 
The  committee   propofe  that  there  (hould  be  allow- 
ed and  paid  to  Major  General  Henry  Sewall,  for  his 
time,  expences,  and   other  attention,  from  the  pe- 
riod the  troops  were  called  out  until  they  were  dif- 

banded,  the  fum  of                                                       70  oc 


Total         Dj  1025  78 
The  fum  total  amounting  to  eleven  thoufand  twenty-five  dol- 
lars, and  feventy-eight  cents. 

Your  committee  further  report  as  their  opinion,  that  it  wilJ 
be  advifable  and  neceflary  to  authorize  the  Governour  and 
council,  to  appoint  fome  fuitable  perfon  to  receive  the  whole 
amount  of  the  monies  due  on  the  feveral  pay  rolls,  on  accounts 
due  the  feveral  towns,  and  on  all  other  accounts,  and  caufethe 
fame  lobe  tranfmitted  and  paid  over  to  the  perfons  and  towns  to 
whom  it  fhall  be  due,  at  fome  convenient  place  in  the  county  of 
Kennebeck,  the  perfon  to  be  appointed  to  give  bonds,  or  other 
fatisfaiftory  fecurity  in  the  opinion  and  judgment  of  the  Gov- 
ernour and  council,  for  the  faithful  difcharge  of  the  truft  ;  and 
afterwards  as  foon  as  may  be,  to  render  an  account  and  fettle 
the  fame  with  the  Governour  and  council.  The  committee 
find  that  there  are  fundry  articles  or  property  appertaining:  to 
the  encampment,  belonging  to  the  commonwealth,  fuch  as 
barracks,  boards,  nails,  &;c.  in  faid  county  of  Kennebeck  ;  they 
would  propofe  that  all  fuch  property  (hould  be  fold  at  publick. 
vendue,  or  otherv^ife,  in  fuch  manner  and  by  fuch  perfon  as 
the  Governour  and  council  ihall  direct  and  appoint ;  and  for 
ail  the  aforefaid  fer vices,  fuch  agent  or  pay  mailer  appointed 
*is  aforefaiu,  «]'»a!l  be  entitle-i  to  receive  a  re^tfonahle  compen- 
fation  for  his  ferviccs,  in  the  opinion  of  the  Governour  and 
council.  To  carry  into  effe6\  the  objeds  contained  in  the  fore- 
going report,  vour  committee  beg  leave  to  fubmit  the  follow- 
ing Rcfolutioii :  HUGH  Mc.  CLALLEN,  per  order. 


RESOLVES,  Feb.  28,   1810.  42; 

R^'fahcdy  That  there  be  allowed  and  paid,  out  of  the  treafu- 
ry  of  this  Comaionvvealth  the  feveral  funis  enumerated  and 
fpecified  in  the  foregoing  report,  for  the  fole  ufe  and  benefir; 
of  the  perfons  borne  on  the  fevaral  pay  rolls  marked  from  No. 
1  to  fSfo.  14.  inclufive,  as  in  faid  report  mentioned,  and  to  the 
treafurers  of  the  feveral  towns  named  in  faid  report  as  per  ac- 
fiounis  marked  from  No.  i  to  No.  10  inclufive,  for  the  ufe  of 
faid  towns,  and  to  all  the  perfons  borne  on  a  roll  marked  No. 
1 5, for  incidental  and  other  charges  as  therein  fpecified,  and  alfo 
feventy  dollars  to  Major  General  Sev/all,  as  reported  by  the 
Committee,  amounting  in  the  whole  toe  leven  thoufand  and 
twenty  five  dollars  and  feventy  eight  cents,  in  full  for  the  fer- 
vices  done  and  performed  by  the  feveral  perfons,  and  fupplies 
furni(h;id  by  the  towns  named  in  faid  pay  rolls,  and  other  ac- 
counts. 

And  be  it  further  refolved^  That  the  Governour,  with  the  ad- 
vice and  content  of  council,  be  and  he  hereby  is  authorized 
and  requefted  to  appoint  fome  fuitable  perfon  or  perfons  to  re- 
ceive the  whole  amount  of  the  monies  due  on  the  feveral  pay 
rolls  on  the  accounts  due  the  feveral  towns,  and  due  on  all  oth- 
er accounts  fpecified  in  the  above  report,  and  caufe  the  fame  to 
be  tranfmitted  and  paid  over  to  the  perfons  and  towns  to 
whom  it  fhall  be  due,  at  fome  convenient  place  in  the  county  of 
Kennebeck  ;  the  perfon  or  perfons  thus  appointed  to  give  bonds 
or  other  fecurity  to  the  fatisfaction  of  the  Governour  and 
council,  for  the  faithful  difcharge  of  the  truft ;  and  afterwards 
as  foon  as  may  be,  render  an  account,  and  fettle  the  fame  with 
the  Governour  and  council. 

And  be  it  further  refolved^  f  hat  the  Governour,  with  advice 
of  council,  caufe  to  be  fold  at  publick  audtion  or  other- 
wife,  all  the  property  belonging  to  the  Commonwealth  apper- 
taining to  the  encampment  as  fpecified  in  faid  report,  by  fuch 
perfon  as  they  fhall  appoint. 

/ind  for  all  the  aforefaid  fervices,  fuch  agent  or  agents,  ap- 
pointed as  aforefaid,  fhall  receive  fuch  reafonable  fum  as  com- 
penrati'>n,  as  in  the  opinion  of  the  Governour  and  coun- 
cil, fhall  be  equitable,  fuch  perfon  or  perfons  to  account  for  aU 
monies  which  may  come  into  their  hands  as  aforefaid. 

And  be  if  further  refohed,  1  ha  this  txcellency  theGovernuqr 
with  advice  and  confeut  of  ihe  council,  be  and  he  hereby  is  au- 
thorized and  requedeil  to  draw  his  warrant  on  the  'Ireafary 
(in  fa/our  of  fuch  perfon  or  perfons  as  may    be  appointed    K<5 


^t  RESOLVES,  Feb.  28,  1810. 

receive  the  fame  as  aforefaid)  for  the  funi  of  eleven   thoufand 
and  twenty  five  dollars  and  fcventy  eight  cents. 

CXXXI. 

Refolve  graniing'Jonathan  Mnn^oc  fix  hundred  and  one  dollars  arid 
forty-four  cents  tofatisfy  a  judgment  recovered  by  Daniel  Mur- 
ray*    Feb,  28,  1  8ie. 

On  the  petition  of  Jonathan  Munroe,  Rating  that  he  had 
purchafed  lands  fiibjef^  to  a  tnort>;a'Te  to  John  Murray,  one  of 
the  coiifpirators  named  in  the  acl,  commonly  called  the  Con- 
fpirators  aft,  and  had  paid  the  full  amount  of  the  mortgage 
money  to  the  committee  appointed  by  the  le,^iflature  to  re- 
ceive all  monies  due  on  eflates  mortgaged  to  confpirators,  and 
took  from  them  a  difcharge  of  faid  mortijage  according  to 
law;  and  that  in  the  circuit  court  of  the  United  States  for  this 
diltrid,  in  Odober  laft,  Daniel  Murray,  adminiftrator  with 
the  will  annexed,  of  the  faid  John  Murray,  recovered  judgment 
againft  hi-m  upon  the  f:iid  mortgage,  for  poiTeflion  of  faid  lands, 
wnlefs  he  fhould  pay  him  thefum  of  four  hundred  and  twenty- 
four  dollars  and  ninety  cents,  and  cods,  as  in  ca.es  of  mort- 
gage ;  and  praying  this  court  to  enable  him  to  dil-charge  faid 
judgment,  and  compenfate  him  for  his  trouble  and  expences. 

Refohed,  for  realons  fet  forth  in  faid  petition,  that  there  be 
paid  out  of  thj  treafury  of  this  commonwealth  to  the  faid  Jon- 
athan Munroe,  fix  hundred  and  one  dollars  and  forty-four 
«ents,  to  enable  him  to  difcharge  faid  judgment,  and  difincum- 
ber  his  faid  lands,  and  to  compen.Fate  him  for  his  trouble  and 
expences  in  defending  his  faid  fuit. 

CXXXII. 

Refolve  determining  the  line  on  the  norfJnvefieriy  ftde  of  Bald-vin, 

March  1,  1810. 

Whereas  the  General  Court  on  the  eighth  day  of  February, 
A.  D.  1774,  palTed  a  refolve  granting  to  Samuel  Whittemore 
and  others,  a  certain  townfnip  of  land  on  the  eafl:  fide  of  t>aca 
river,  late  the  plantation  of  Flintitown,  but  now  incorporated 
by  the  name  of  Baldwin  ;  and  ^vhereas  in  the  confirma- 
tion of  faid  grant,  by  another  refolve  paifed  on  the  fixteenth 


RESOLVES,  March  -,  1810.  429 

day  of  June,  A.  D.  1780,  there  does  appear  to  have  been  er- 
rors in  defcrlbinoj  fome  of  the  lines  on.  the  northweOierly  fide 
thereof.     Therefore, 

Rcfolvcd^  That  the  line  on  the  northweflerly  fide  of  faid 
townihip,  beginning  at  the  nortlnvardly  corner  thereof,  where 
the  fame  in  faid  confirmation  is  defcribed  as  running  fouth- 
v/eft  fifteen  hundred  and  eighty  four  rods,  for  the  future  be 
confidered  and  undcrftood  to  run  fouthwefterly  on  the  lines 
of  Bridgetown  and  Denmark,  about  fifteen  hundred  and  eighty 
four  rods  to  the  line  of  Brownfield  ;  theqce  fouth  thirty 
degrees  eafl:,  about  one  hundred  and  fifty  rods  to  the  eaii- 
wardly  corner  of  faid  Brownfield;  thence  fouth  fixty  degrees 
weft,  about  three  miles  on  faid  line  of  Brownfield  to  Prefcott's 
grant  (fo  called)  ;  thence  fouth  thirty  degrees  eaft  about  three 
hundred  and  fixty  one  rods  on  faid  Prefcott's  grant  to  the  eaft- 
wardly  corner  thereof  ;  thence  fouth  fixty  degrees  weft  about 
five  hundred  and  one  rods  by  faid  grant  to  Saco  river,  any 
adl  or  refolve  to  the  contrary  notwithftanding. 

CXXXIIl. 

Refolve  on   the  petition  of  Henry  Van  Schaick  and  others.     March 

2,    1810. 

On  the  petition  of  Henry  Van  Schaick  and  others,  fureties 
of  Simon  Earned,  Efq.  Sheriff  of  the  county  of  Berkfliire,  play- 
ing that  they  may  be  releafed  from  their  refponfibility  after 
the  fifteenth  day  of  April  next. 

Refolved^  That  for  the  caufes  fet  forth  in  faid  petition,  the 
prayer  thereof  be  granted,  and  that  the  faid  Henry  Vanbchaick, 
John  C.  Williams,  and  Thomas  Gould,  for  themfeives,  and 
Mary  Strong,  as  executor  to  the  laft  Will  and  Teftament  of 
Afhbel  Strong,  Efq.  (hall  be  and  they  hereby  are  releafed  frooi 
the  performance  of  the  condition  of  their  bond  refpeOiing  any 
Laches  or  misfeafance  of  the  faid  OieKiiT  happening  after  the 
fifteenth  day  of  April  next  ;  and  the  fecretary  of  this  common- 
wealth is  hereby  directed  to  caufe  a  copy  of  this  refolve  to  be 
fent  to  the  clerk  of  the  court  of  common  Pleas  for  the  faid  coun- 
ty, that  he  may  lay  the  fiime  befoie  the  juftice^  of  that  court 
in  order  that  they  may  call  on  the  faid  fheriff  to  give 
fuch  further  furety  as  they  may  judge  the  Publick  fafety  may 
require- 

Hhh 


43®  RESOLVES,  March  2,  1810. 


CXXXIV. 

lief  oboe  on  the  petition  of  Samuel  Prince.      March  2,   18 10. 

On  the  petition  of  Samuel  Prince,  praying  that  a  judgment 
recovered  againil  him  upon  a  recognizance  to  the  Common- 
wealth for  the  appearance  of  one  George  Menzes,  to  appear  be- 
fore the  Municipal  Court  in  the  town  of  Bolton,  may  be  re- 
mi  tied  him. 

Rcfohcd,  For  reafons  fet  forth  in  faid  petition,  that  upon 
the  petitioner's  paying  all  the  cods  and  charges,  which  have 
arifen  for  the  recovery  of  faid  recognizance,  that  the  faid 
Samuel  Prince  be  and  hereby  is  difcharged  therefrom. 


cxxxv. 

Refaheon  the  petition  of  the  tXjWns  of  Cambridge^  Lexington^  Bright- 
on and  IVeJi  Cambridge.     March  2,  i8i©. 

Upon  the  petition  of  the  towns  of  Cambridge,  Lexington,. 
Brighton,  and  Welt  Cambridge. 

Rcfolvedj  1  hat  for  reafons  fet  for fh  in  faid  petition,  that 
there  be  allowed  and  paid  out  of  the  treafury  of  this  Common- 
wealth to  the  Selectmen  of  the  towns  of  Cambridge,  Lexing- 
ton, Brighton,  and  Weft  Cambridge,  to  be  expended  in  re- 
pairs upon  the  great  bridge  over  Charles  River  between  Cam- 
bridge and  Brighton,  the  fum  of  one  hundred  dollars,  being 
the  amount  of  the  fine  paid  by  them  purfuant  to  a  judgment 
of  the  Court  of  Common  Pleas,  begun  and  holden  at  Cam- 
bridge, in  the  county  of  Middlefex,  on  Monday  the  nineteenth 
day  of  1 'ecember,  in  the  year  of  our  Lord  one  thoufand  eight 
hundred  and  eight,  upon  an  indi(5lment  found  againft  them 
for  not  keeping  faid  bridge  in  repair.  And  his  Excellency 
the  Governour,  by  and  with  the  advice  of  council,  is  requefted 
to  grant  a  warrant  on  the  treafury  accordingly. 


RESOLVES,  March  2,  18 10.  431 


CXXXVL 

Hefolve  on  the  petition  of  Nchemiah  Gitchel.     March  2,  1810. 

On  the  petition  of  Nehemiah  Gitchel  and  others,  praying 
that  the  executor  of  the  lafl  will  and  teftament  of  William 
Goodwin,  late  of  Charleflown  in  the  county  of  Middlefex,  c'e- 
ceafed,  may  be  authorized  and  empowered  to  make  a  deed  to 
the  faid  Gitchel,  of  a  certain  traft  of  land  with  the  appurten- 
ances, which  thefaid  William  in  his  life  time  had  agreed  to  con- 
vey to  him  the  faid  Gitchel,  upon  his  the  fuid  Giiichel,  per- 
forming certain  conditions,  which  the  faid  Gitchel  has  always 
been  ready  to  perform. 

Refolved,  For  the  reafons  fet  forth  in  faid  petition,  That 
Thomas  johnfon,  of  Charleflown,  in  the  county  of  Middlefex, 
Executor  of  the  laft  will  and  teftainent  of  the  faid  William 
Goodwin,  be,  and  he  hereby  is  authorized  and  empowered  to 
make  and  execute  to  the  fciid  Gitcfiel  a  deed  fuflicient  to  con- 
vey to  himiill  theeftate,  right,  titltand  inter  eft  of  which  the  faid 
William  died  feized,in  and  to  a  certain  tracl  and  parcel  of  land, 
with  the  appurtenances,  fituate  in  the  town  of  Clinton,  in  the 
county  ofKennebeck,  and  on  theeafterly  fide  of  Sebaftecook 
river,  containing  tv/o  hundred  and  twenty  eight  acres,  bound- 
ed as  follows,  viz.  beginning  at  the  north v/efterly  corner  of 
check  lot  number  two,  in  the  centre  of  the  line  of  lot  three  ; 
thence  running  on  faid  line,  weft  northweft,  two  hundred  miA 
thirty  fix  rods,  or  fo  far  as  to  embrace  the  quantity-  of  land 
aforefaid  ;  thence  fouth  fouthweft  one  hundred  and  fifty  fix 
rods,  and  until  it  comes  to  land  referved  by  the  Plymouth 
■company  for  a  road  ;  thence  eafterly  by  the  lame  land  until  it 
comes  to  faid  checi^  lot  ;  thence  northerly  by  faid  cjieck  lot 
until  it  comes  to  the  place  firft  mentioned  ;  Pro-jUed,  the  faid 
Gitchel  makes  and  executes  a  good  deed  with  warranty  of  a 
certain  meifuage  and  trad  of  land,  with  the  appuitenances, 
fituate  in  the  town  of  Waterville  and  county  of  Ivennebeck, 
containing  feventy  nine  fquare  rods,  bounded  as  follows,  viz. 
beginning  on  the  northerly  fide  of  the  river  road,  fo  called,  at 
a  itake  and  ftones,  about  three  rods  wefterly  of  the  dwellink" 
houie  occupied  by  William  Miliar  ;  thence  running  wefterly 
eleven  rods  to  a  ftake  and  ftones  by  land  of  Afa  Redinp-ton  ; 
thence  north  twenty  feven  degrees  eaft  feven  rods  to  a  ftake 
and  ftones  j  thence  eaft  fouth  eaft  twelve  and  an  half  rods  to  a 


432  RESOLVES,  March  2,   18 lo. 

flake  and  flones  on  faidroadjby  land  beloning  to  Afa  Reding- 
ton  and  Jcrerniah  Kidder  ;  thence  v^eiterly  by  faid  road  to 
the  bound  liili:  mentioned  ;  fufficient  to  convey  the  faid  prem- 
ifes  v;ith  tiie  appurtenances,  to  fome  perfon  or  perfons,  in  trufl 
for  the  ufe  of  Abigail  Goodwin,  widow  of  the  faid  "WiHiarn 
Goodwin,  during  her  hfc,  and  from  and  after  the  death  of 
the  faid  Abigail,  to  the  ufe  of  Mary  Miliar,  wife  of  Wil- 
liam Millar  aforefaid,  during  her  natural  life,  and  from  and 
after  the  death  of  faid  Mary,  to  the  ufe  of  the  children  of  the 
faid  William  and  Mary,  and  their  heirs  and  aliigns  forever, 
being  the  fame  ufes  10  which  the  tract  of  land  firlt  mentioned 
is  conveyed  by  the  laft  will  of  faid  William,  and  a  deed  made 
by  the  faid  Johnfon  as  aforefaid,  ihall  be  as  good  and  effed:- 
ual  to  convey  the  tra£t  of  land,  firft  mentioned,  to  the  faid 
Gitchel,  as  though  it  had  been  made  by  the  faid  William  in 
his  life  time. 

CXXXVIL 

Refolvc  on  the  petition  of  fundry  perfons,  creditors  nf  the  late  Gen- 
eral  Knox.     March   2,  18 10. 

On  the  petition  of  fundry  perfons,  reprefenting  that  they 
were  creditors  of  the  late  General  Henry  Knox,  and  were  fo 
at  the  time  of  his  deceafe,  and  that  they  have,  by  accident,  loft 
the  benefit  of  claiming  under  the  commilFion  of  infolvency,  if- 
fued  on  the  eftale  of  faid  Knox,  the  fame  having  been  doled. 

Rcfclvcd,  \  hat  the  Judge  of  Probate,  in  and  for  the  county 
of  Lincoln,  be  and  he  hereby  is  authorized  and  required  to 
caufe  the  commiilion  on  the  eftate  of  the  faid  Henry  Knox,  to 
be  further  extended  for  the  term  of  fix  months  from  the  firft 
day  of  March,  1  8  ic.  And  that  all  perfons  who  have  not  ex- 
hibited their  claims  on  the  eftate  of  faid  Elenry,  be  and  they 
hereby  are  authorized  and  empowered  to  exhibit  the  fame  to 
the  commiHioners ;  and  that  all  perfons,  whofe  claims  were  not 
allowed  by  laid  commiiTioners,  either  in  whole  or  in  part,  may 
appeal  from  their  decilion  as  though  fuch  appeal  had  been 
claimed  within  the  time  prefcribed  by  law. 

Rcfclvcd  further.  That  if  the  commiftioners  heretofore  ap- 
pointed, fiiall  have  deccafed,  or  they  or  either  of  them  Ihall  be 
incapacitated,  or  fliall  refufe  to  ferve,  the  Judge  of  Probate  is 
hereby  authorized  to  appoint  one  or  more  other  commiihon- 

213. 


RliSOLVES,  March  2,   1810,  433 

CXXXVIIl. 

Hefnhe  on  the  petition  cf  the  Selcdrncn  of  Durham.      March 

2,    1810. 

On  the  petition  of  the  feleclmen  of  Durham,  for  Legiflative 
aid  to  authorize  their  Colle61;or  of  taxes,  for  the  year  1807,  to 
complete  the  collection  of  his  bills  for  that  year, 

Refolved,  for  reaibns  fet  forth  in  faid  petition,  That  the  af- 
felTors  of  the  minifterial  tax  in  the  town  of  Durham,  (for  the 
time  being)  be  authorized  and  direfted  to  fign  the  bills  now 
in  the  hands  of  the  faid  coUetlor,  for  the  year  eighteen  hun- 
dred and  feven,  and  that  the  faid  collector  may  proceed  in  col- 
ledling  the  remainder  of  his  bills  for  the  faid  minifterial  tax, 
and  that  his  proceedings  therein  fiiall  be  as  valid  in  law,  as  if 
the  fame  bills  had  been  figned  by  a  majority  of  the  alTelTors  of 
faid  tax  when  committed  to  faid  collector. 

CXXXIX. 

Refolve  on  the  petition  of  Daniel  Cleaves^  in  behalf  of  the  Saco  Free 
Bridges  Proprietors.      March  2,    iSio. 

On  the  petition  of  Daniel  Cleaves,  chairman  of  the  propri- 
etors of  the  Saco  Free  Bridges,  praying  for  Legiflative  aid  to 
enable  them  to  build  a  bridge  over  the  eaftern  branch  of  Sa- 
co river,  from  Indian  Ifland  to  the  fhore  in  Saco,  faid  propri- 
etors having  already  built  a  good  and  fubitantial  bridge  over 
the  wellern  branch  of  faid  river,  from  Biddeford  to  fidd  In- 
dian Ifland,  agreeable  to  their  act  of  incorporation. 

Refohed,  for  reafons  fet  forth  in  faid  petition,  that  there  be 
and  hereby  is  granted  (fubject  to  the  ufual  refervations  and 
conditions  of  fettlement,  and  upon  the  conditions  herein  after 
mentioned)  to  faid  proprietors  for  the  purpofes  aforefaid,  one 
quarter  part  of  a  townfhip  of  land  of  the  contents  of  fix  miles 
fquare,  out  of  any  of  the  unappropriated  lands  in  the  diftrlct  of 
Maine,  excepting  the  ten  townlhips  lately  purchafed  of  the  Pe- 
nobfcot  Indians,  to  be  laid  out  under  the  direction  of  the  agents 
for  the  fcue  of  the  eadern  lands,  who  upon  receiving  a  certifi- 
cate from  the  treafurer  of  this  Commonwealth  that  a  bond  has 
been  given  to  him  as  herein  after  mentioned,  are  hereby  au- 
thorized and  direfted  to  make  and  execute  a  good  and  fuffi- 


434  RESOLVES,  March  2,  18 10. 

cient  deed  of  the  fame  to  Daniel  Cleaves,  Jeremiah  Hill, 
Ichabod  Fairfield,  Nathaniel  Goodwin,  and  Edmund  Coffin, 
proprietors  of  faid  bridges,  in  truft  to  and  for  theufe  and  ben- 
efit of  the  members  of  the  faid  corporation  or  to  their  heirs 
and  afligns  :  Proiided^  1  hat  they  the  faid  Daniel  Cleaves, 
Jeremiah  Hill,  Ichabod  Fairfield,  Nathaniel  Goodwin  and 
Edmund  Coffin,  ihall  firfl  give  bonds  to  the  treafurer  of  faid 
Commonwealth,  in  the  penalty  of  fix  thoufand  dollars,  well 
and  truly  to  perform  the  conditions  hereafter  fpecified  in  this 
refolve,  agreeably  to  the  true  intent  and  meaning  thereof ;  thaf 
is  to  fay,  that  the  faid  proprietors  fhall  build  faid  bridge  over 
faid  eaftern  branch  of  Saco  river,  within  two  years  from  the 
firfl  day  of  January  lafl  pad,  and  that  they  alfo  keep  both  of 
faid  bridges  in  good  repair,  for  and  during  the  term  of  twenty 
years  from  the  faid  firft  day  of  January  ;  and  all  paffengers 
are  to  pafs  and  repafs  faid  bridges,  free  of  toll  during  iaid 
term  of  twenty  years,  and  that  the  faid  proprietors  at  the 
€nd  of  the  faid  term  fhall  leave  born  of  faid  bridges  in  good 
repair. 


CXL. 

Refolve  for  grantitig  a  further  time  to  the  non  coramffioned  rfflcers 
and f oldie rs  who  enUjled  in  the  late  American  army,  during  the 
war  with  Great  Britain^  to  mahe  fettlcments  on  the  lands  grant' 
cd  to  them  by  a  refohe  of  the  General  Court,  paffed  March  5, 
1801.     March  2,   1810. 

Refohed,  That  :a  further  time  of  three  years  from  the  fifth 
day  of  May  next,  be  and  hereby  is  granted  and  allowed  to  the 
.noncommifTioned  officers  and  foldiers,  who  have  proved  or 
may  hereafter  prove  their  claims  to  two  hundred  acres  of  land 
agreeable  to  a  refolve  of  the  General  Court,  palled  March  the 
fifth,  one  thoufand  eight  hundred  and  one,  and  the  feveraJ 
Tefolves  refpeding  the  fame. 


RESOLVES,  March  2,   1810.  43^ 

CXLI. 

Refolve  on  the  peiitio?i  of  William    Cobb  for  lot  No.  1  o.     March 

2,   18  10. 

On  the  petition  of  William  Cobb,  fliewing  that  he  is  in  poC- 
fefiioii  of  a  lot  of  land  number  ten  in  the  fifth  range  of  lots  in 
the  town  of  Sumner,  in  the  county  of  Oxford,  the  property  of 
the  Commonwealth,  that  he  has  been  at  great  expencein  pur- 
chafing  and  erecting  mills  on  faid  lot  forthe  accommodation  of 
the  inhabitants  of  faid  town,  and  praying  that  he  may  have 
faid  lot  confirmed  to  him  upon  fuch  terms  and  conditions  as 
the  Legiflature  (hall  think  proper. 

Refolvedy  That  the  agents  of  this  Commonwealth  upon  the 
fubjedl  of  eaftern  lands,  be  and  they  are  hereby  authorized  to 
fell  and  convey  the  lot  of  land  number  ten,  in  the  fifth  range 
of  lots  in  the  town  of  Sumner  to  faid  William  Cobb,  his  heirs^ 
and  afhgns,  upon  fuch  terms  and  conditions  as  they  fhali  think 
juft  and  reafonable  under  exifling  circumflances. 

CXLII. 

Refohe  on  the  peiiiion  of  john  L.  Sullivan.     March  i,  18 10; 

On  the  petition  of  John  L.  Sullivan,  relative  to  the  fale  of 
certain  real  eflate  and  the  inveilment  of  the  proceeds  there- 
of. 

Refolved^  for  reafons  fet  forth  in  faid  petition  of  John  L. 
Sullivan,  That  William  Sullivan,  and  Jonathan  Amory,  Jun, 
of  Bofton,  in  the  county  of  Suffolk,  be  and  they  hereby  are 
authorized  and  empowered  to  make,  execute,  acknowledge 
and  deliver  in  clue  form  of  law,  any  deed  or  deeds  to  convey 
any  real  eltate  of  v/hich  Elizabeth,  the  wife  of  faid  John,  is 
owner  in  fee  fimple,  and  of  which  the  faid  John  and  Elizabeth 
are  feized  in  her  right,  and  alfo  in  like  manner  to  make,  exe- 
cute, acknov/Iedge  and  deliver  any  deed  or  deeds  to  convey 
all  the  right  of  dower  of  the  faid  Elizabeth  in  any  eflate  of 
which  the  faid  John  is  feized  in  his  own  right.  Provided 
ti'verthelefs^  That  the  faid  William  Sullivan  and  Jonathan 
i\inory,  Jun.  before  they  fhall  have  power  and  authority  in 
virtue  ot  this  refolve  to  execute  and  deliver  any  deed  or  deeds 
as  aforefaid,  fhall  give  bond  to  the  Judge  of  Frobate  of  Wills, 


436  RESOLVES,  March  2,   1810. 

knd  for  granting  letters  of  adminiftration  within  and  for  the 
county  of  Suffolk,  payable  to  him  or  to  his  fucceflbrs  in  office, 
in  the  penalty  of  thirty  thoufand  dollars,  to  invefl:  the  proceeds 
of  any  eftate  of  the  faid  Elizabeth  which  the  faid  William 
Sullivan  and  Jonathan  Amory,  Jun.  may  fell  and  convey  in 
virtue  of  this  refolve,  or  may  have  fold  and  conveyed  in 
virtue  of  a  former  refolve,  bearing  date  the  17th  June, 
1807,  in  perfonal  eflate  in  their  names  in  truft,  and  to  the 
furvivor  of  them,  and  the  heirs,  executors  and  adminiftrators 
of  the  furvivor  of  them  in  truft  to  permit  the  faid  John  L. 
Sullivan  to  take  and  have  the  income  of  fuch  inveftments,  and 
all  interefts  and  dividends  thereon  for  and  during  the  joint 
lives  of  the  faid  Elizabeth  and  the  faid  John.  And  to  permit 
the  furvivor  of  them  during  his  or  her  life  as  the  cafe  may  be 
to  have  and  take  the  faid  income,  intereft  or  dividends,  and 
from  and  after  the  deceafe  of  thefuivivor  of  them,  then  to 
permit  and  authorize  the  heirs  of  the  faid  Elizabeth,  to  have 
and  take  the  faid  ftock  to  their  own  ufe.  That  the  fai'l  bond 
fhall  be  conditioned  alfo,  that  one  third  part  of  the  purchafe 
money  which  any  eftate  may  be  fold  for,  in  which  faid  Eliza- 
beth hath  right  of  dower  only,  Ihall  be  inverted  in  manner 
aforefaid,  the  income,  intereft,  or  dividends  thereof,  to  be  paid 
to  the  faid  John  during  the  joint  lives  of  the  faid  John  and 
Elizabeth  •,  and  in  cafe  the  faid  Elizabeth  fhould  furvive  the 
faid  John,  faid  income,  intereft  or  dividends,  to  be  held  to  and 
for  the  ufe  of  faid  Elizabeth  and  her  heirs  ;  and  in  cafe  he 
fliould  furvive  her,  then  the  faid  perfonal  property  which  may 
have  been  purchafed  with  faid  one  third  part  of  the  purchafe 
money  as  aforefaid,  to  be  afiigned  or  transferred  to  and  held 
by  the  faid  John  in  his  own  right.  And  provided,  That  faid 
bond  be  further  conditioned  to  appropriate  and  hold  the  pro- 
ceeds of  any  former  fales  for  the  like  ufes  and  purpofes  as  here- 
in provided  concerning  future  fales. 

And  be  it  further  refolved^  That  fuch  parts  of  the  ref  ilve 
pafled  on  the  feventeenth  day  of  June,  1  807,  as  come  within 
the  purview  of  this  refolve  ftiall  have  no  farther  force  or  effed 
after  the  date  hereof. 


RESOLVES,  March  3,  1810.  437 


CXLIII. 

Refohe  authorizing  the  ireajurer  of  the  Commonwealth  to  borrow 
twelve  thoufand  dollars  at  the  Hallowell  and  Augujla  Bank,  to 
pay  the  detachment  of  the  Militia ^  ^c,  in  the  county  of  Kennebeck. 
March  3,  18 10. 

Refolved,  That  the  treafurer  of  this  Commonwealth  be,  and 
he  hereby  is  authorized  to  borrow  at  the  Hallo.ve'l  and  Au- 
gufta  Bank,  a  fum  not  exceeding  twelve  thoufand  dollars,  for* 
the  payment  of  the  detachment  of  militia,  and  of  other  expen* 
Ces  incurred  in  preventing  the  apprehended  infurredion  in  the 
county  of  Kennebeck,  as  allowed  by  a  refolve  palTcd  the  twen- 
ty-eighth day  of  February,  one  thoufand  eight  hundred  an4 
ten,  or  fuch  part  thereof  as  fhall  nqt  be  paid  out  of  the  treafiJ- 
ry  of  this  commoaweiiltti. 


CXLIV* 

Refolve  granting  Hugh  Mulloy  forty  dollars,  for  the  lofs  of  his  horfe. 

March   3,    1 8 10. 


On  the  petition  of  Hugh  Mulloy,  a  deputy  Sheriff  of  the 
county  of  Lincoln,  praying  for  indemnity  for  a  horfe  killed 
when  in  the  execution  of  his  duty  as  a  deputy  (heriff. 

Refolved,  for  reafonsfet  forth  in  faid  petition.  That  there  be 
paid  out  of  the  treafury  of  this  commonwealth  to  Hugh  Mul- 
loy, of  Litchfield,  a  deputy  (herilf  in  the  county  of  Lincoln,  the 
fum  of  forty  dollars  in  full,  for  the  lofs  of  his  horfe,  when  in 
the  execution  of  his  duty  as  deputy  fheriff  of  faid  county. 

Hi       ^ 


45^  RESOLVES,  March  3,   181©. 

CXLV. 

■Refohe  on   the  pt^tilion   of  William   IVebb,  GuitrJian  of  the  minor 
Children  of  Simeon  Turner,      March  3,  i8io. 

Whereas  on  the  petition  of  William  Webb,  guardian  of  the 
minor  children  of  Simeon  Turner,  fen.  late  of  Bath,  in  the 
county  of  Lincoln,  deceafed,  and  adminKlrator  of  the  ellate  of 
Simeon  Turner,  jun.  late  of  faid  Bath,  deceafed,  it  appears  that 
the  faid  Simeon  lurner,  fen.  left  a  large  real  eitate  in  faid  town 
of  Bath,  and  by  will  devifed  the  fame  to  his  widow  during  her 
life,  and  that  Simeon  Turner  jun.  one  of  the  children  and  heirs 
of  faid  Simeon,  has  lately  deceafed  inteftate,  and  the  faid 
William  Webb  has  been  appointed  adminiftrator  on  his  eflate, 
and  in  his  capacity  of  adminidrator  has  obtained  licence  from 
the  Court  of  Common  Pleas  in  faid  county,  to  fell  fo  much  of 
faid  Simeon,  jun.*s  real  eflate  as  will  pay  the  debts  due  from  faid 
inteflate,  amounting  to  two  hundred  dollars,  and  cofts  of  ad- 
miniftering  ;  and  whereas  it  will  be  for  the  benefit  of  the  heirs 
and  all  perfons  interelled  either  ia  the  eflate  of  faid  Simeon, 
or  Simeon,  jun.  to  have  a  part  of  faid  real  eflate  fufficient  tor 
the  purpofes  aforefaid,  fold  by  metes  and  bounds  inflead  of 
felling  an  undivided  proportion  of  faid  Simeon,  jun's.  (hare  in 
the  fame  therefor,  and  whereas  the  widow  of  faid  ^imeon,  fen. 
and  thofc  of  his  children  who  are  of  age  have,  in  order  to  ena- 
ble the  faid  admiuiflrator  fo  to  fell  and  convey,  releafed  their 
rights  to  him  in  the  following  deicribtd  lots  •,  and  whereas,  in 
order  to  enable  the  faid  Webb  to  give  a  complete  title  to  the 
faid  lots,  it  is  neceflary  he  Ihould  be  empowered  to  fell  and 
convey  the  right  of  the  minor  children  oi  faid  Simeon,  fen.  to 
the  fame. 

Therefore  refohcd.  That  faid  William  Webb,  guardian  as  a- 
forefaid,  be,  and  he  is  hereby  empowered  to  fell  and  convey 
by  deed  duly  executed,  either  at  private  fale  or  publick  iiuclion, 
as  Ihall  be  moft  for  the  benefit  of  thofe  intereiled  in  faid  ellate, 
all  the  right,  title  and  intereil  of  the  faid  Simeon's  children  for 
whom  he  is  Guardian,  in  and  to  the  following  defcribed  lots 
of  land,  fituated  in  faid  Bath,  and  bounded  as  follov.'s,  viz. 
Beginning  ai  the  northeaft  corner  of  land  belonging  to  James 
W.  Lemont,  on  Front-flreet,  then  running  wefltrly  by  faid 
Lemont's  land,  to  land  in  poifeliion  of  Dexter  Brown  ;  then 
foutherly  by  faid  Brown's  land  to  ireleg  Tallman's  laud,  thea 


.     RESOLVES,  March  5,  i^io.  439 

<iPifterIy  by  faid  Tallman's  land  to  Front-ftreet,  then  norther- 
ly by  faid  ftreet  to  the  firfl  mentioned  bounds.  Alfo  one  oth- 
er fniail  lot  beginning  at  Peleg  Tallman's  northeafl:  corner, 
bound  and  running  eafterly  by  the  lot  above  defcribed,  about 
fifteen  feet  more  or  lefs,  then  foutherly  by  laid  ftreet  to  faid 
Tallman's  land,  then  northerly  by  faid  Tallman's  land  to  the 
firft  mentioned  bounds  ;  and  that  the  faid  Webb,  as  adminiftra- 
tnr  as  aforefaid,  be  and  he  is  hereby  authorized  and  empower- 
ed to  convey  in  the  fame  manner  all  the  right  of  his  faid  intef- 
tate  and  all  the  right  he  has  acquired  by  deed  from  the  other 
heirs,  and  the  tenant  for  life  of  faid  eftate,  he  to  be  accounta- 
ble :is  adminiflrator  as  aforefaid  to  the  Judge  of  Probate  of 
"Wilis,  in  faid  county,  for  the  amount  received  for  iaid  lots. 

CXLVI. 

Refohe   on  the  petition  of  yacoh  Ulmer  and  others.       March  3, 

1810. 

On  the  petition  of  Jacob  Ulmer,  Matthias  Ulmer  and  John 
Ulmer,  praying  that  Lucy  Knox,  executrix  of  the  laft  will  and 
teftament  of  the  late  Henry  Knox,  Efq.  may  be  empowered  in 
her  faid  capacity  to  make  and  execute  to  them  deeds  of  con- 
veyance of  th€t,wo  hundred  acres  of  land  in  Thomafton,  which 
their  late  father,  John  Ulmer,  deceafed,  figned  and  fubfcribed 
for, -on  a  certain  memorandum  or  agreement  made  and  figned 
on  the  feventeeuth  day  of  September,  A.  D.  1788,  by  which 
the  faid  Henry  Knox  and  Samuel  Window  and  Ifaac  Winflow, 
jun.  contraded  to  convey  the  faid  two  hundred  acres  on  cer- 
tain conditions  in  faid  agreement  mentioned. 

Rrfolved,  That  the  faid  executrix  in  her  faid  capacity  be,  and 
hereby  is  authorized  to  m.al^e  and  execute  deeds  of  convey- 
ance of  all  the  right  and  intereft  which  the  faid  Henry  Knox 
had,  at  the  time  of  his  death,  in  and  to  the  faid  two  hundred 
acres  (which  were  furveyed  by  James  Pv'Ialcom  on  the  21  ft  June, 
A.  D.  1798,)  to  the  faid  petitioner,  their  heirs  and  afligns,  in 
fuch  proportions  as  may  be  agreed  upon  by  faid  Lucy  Knox  ; 
and  the  laid  petitioners,  upon  the  performance  of  the  condi- 
tions mentioned  in  faid  written  agreement,  relative  to  the  pay- 
ment for  faid  land,  and  payment  of  legal  cofts  of  fuit  in  any 
adions  now  pending  againfl  either  of  faid  petitioners  for  re- 
covering feizen  and  pofleflion  of  faid  land  ;  the  faid  executrix 
to  be  accountable  to  the  Judge  of  Probate,  for  the  county  of 


44©  RESOLVES,  March  3,  1810. 

Lincoln,  for  whatever  fum  or  fums  Ihe  may  receive  for  com-f 
pieting  the  payment  for  faid  land. 

CXLVIL 

•Refolve  on  ihe  petition  of  John  Neal,  granting  him  two  hundred 
dollars.      March  3,   1810. 

On  the  petition  of  John  Neal,  praying  for  fome  remunera- 
tion for  jhe  lofs  of  his  barn,  containing  hay,  grain,  &;c.  burnt 
(as  is  fuppofed)  in  confequence  of  his  lurveying  land,  by  fomc 
perfon  or  perfons  unknown. 

Kcfolved,  for  realons  fet  forth  in  faid  petition.  That  there 
be  granted  and  paid  out  ot  the  treaiury  of  this  commonwealth, 
to  the  faid  petitioner,  two  hundred  dollars  ;  and  that  his  Ex- 
cellency the  Governour,  by  and  with  the  advice  of  the  council, 
is  hereby  authorized  to  iflue  his  warrant  for  the  fame  accord- 
ingly. 

CXLVIIL 

Refohe  appointing  Charles  Hammond  to  lav  otd  a  road  from  Kenne- 
beck  to  Penobjcot  Rivers.     March  3,  1810. 

Whereas,  as  it  is  effentially  neceffary  to  the  travel  between 
the  Kennebcck  and  Penobfcot  rivers,  that  a  road  Ihould  be  cut 
and  made  through  townlhip  number  four,  in  the  firll  range  of 
townfiiips  north  of  the  Waldo  patent,  and  fome  encouragement 
ihould  be  given  by  the  commonwealth  to  promote  that  objeft, 

Refohed,  1  hat  the  committee  of  ealtern  land  be,  and  they 
are  hereby  authorized  and  empowered  to  grant  and  convey  to 
Benjamin  Joy,  of  Bolton,  in  the  county  of  Suffolk,  merchant, 
his  heirs  and  alfigns,  forever,  a  lot  of  land  containing  three 
hundred  and  twenty  acres,  in  townfhip  number  four,  in  the 
ftrfl  range  of  townfliips  north  of  the  Waldo  patent,  which  was, 
at  the  time  of  the  original  grant  of  faid  commonwealth,  referv- 
ed  to  the  commonwealth  :  Fro'vided,  the  faid  Joy  fhall,  on  or 
before  the  firfl  day  of  July,  in  the  year  one  thoufand  eight 
hundred  and  eleven,  make  a  road  through  faid  townfhip  from 
weft  to  eaft,  in  a  direction  that  fhall  accommodate  the  travel 
from  the  fouth  end  of  twenty-five  mile  pond  (fo  called)  to  the 
coumy  road  in  Ddxmont,  it  beiftg  in  the  main  road  from  Kenne* 


RESOLVES,  MarcTi  3,   1810,  441 

becic  river  to  Penobfcot  river  ;  the  faid  road  to  be  cut  and 
cleared  tour  rods  wide,  one  rod  of  which  (hall  be  made  pafl'a- 
ble  for  wheel  carriages  by  cutting  the  flumps  level  with  the 
ground,  taking  down  the  cradle-hills,  and  making  all  the  ne- 
cefTary  caufeways  and  bridges  for  that  purpofe  on  the  faid  road  ; 
all  which  (hall  be  done  under  the  dire6tion  and  to  the  accep- 
tance of  Charles  Hammond,  who  is  hereby  appointed  to  lay 
out,  examine  and  approve  the  fame  ;  and  whenever  the  faid  Joy, 
hii  heirs  or  affigns  fhall  produe  a  certificate  from  the  faid 
Hammond,  that  he  or  they  have,  in  all  refpefts,  complied  with 
the  conditions  of  this  refolve,  the  faid  committee  fhall  con- 
vey to  the  faid  Joy,  his  heirs,  executors,  adminiflrators  or  af- 
figns, the  lot  ot  land  aforefaid. 


CXLIX. 

B-cfolve  on   the  petition  of  Ifaac  Fifi,  guardian  to  Emily  Clark 

March  3,  181©. 

On  the  petition  of  Ifaac  Fifk,  guardian  of  Emily  Clark,  a 
minor,  reprefenting  that  he  had  been  unavoidably  prevented 
making  affidavit  that  he  had  ported  notifications  of  the  fale  of 
faid  minor's  eft  ate  in  a  certain  form  according  to  law. 

Refohed,  for  the  reafons  fet  forth  in  faid  Fifk*s  petition. 
That  faid  guardian  may  make  his  affidavit  before  the  Probate 
Court  of  the  county  of  Middlefex,  at  any  time  within  four 
months  from  the  paffing  of  this  refolve,  that  he  had  duly  pott- 
ed notifications  agreeably  to  law  of  the  fale  of  faid  minor's 
right  and  eftate  in  a  certain  farm  in  faid  Welton,  and  that  his 
affidavit  fo  made  fhall  have  the  fame  force  and  effect  as  if  the 
fame  had  been  made  at  faid  Probate  Court  within  the  time 
prefcribed  by  law. 

CL. 

Refohefor  paying  the  committee  appointed  io  examine  the  'Northamp- 
ton and  Berhjhire  Banks,     March  T^,  18 lo. 

On  the  petition  of  Jofiah  Dwight,  Efq.  for.hin-iifelf  and  in 
behalf  of  George  Blifs,  Jofeph  Lyman,  John  C.  Williams 
and  Thomas  Allen,  Efq.  a  committee  of  the  two  branches  of 
the  Legiflature  appointed  by  a  refolve  of  February  ninth,  1 8  lo. 


442  RESOLVES,  March  3,  iSio. 

to  examine  into  the  ftate  of  tlie   Northampton  and  Berkfhire 
Banks,  praying  for  compenfation  for  tlieir  I'ervices. 

Refolved^  That   there  be  paid  out  of  tlie  publick  trcafury 

'J'o  Jofiah  Dwight,  the  fiim  of  feventy-eight  dollars. 

To  George  BHfs,  the  fum  of  twenty  dollars. 

To  John  C.  Williams,  the  fum  of  twelve  dollars. 

To  Jofeph  Lyman,  the  fam  of  fourteen  dollars. 

To  I'homas  Allen,  the  fam  of  fixteen  dollars. 
In  full    for  their  refpedive  fervices  and  expences   as   the  com- 
mittee aforefdid,  and  that  the  Governour,  with  the  confent  of 
Council,  be  requefted   to   iffue  his  warrants    on  the  treafurer 
therefor. 


CLL 

Refolve  granting  the  .^c^aricr-mafi,er-gcn£ral  two  thoufand  and 
feventy-cigbt  dollars  eighty-four  cents,  to  pay  for  cannon,  ISj'c. 
purchafedof  Clifford  and Paliiicr,     March  t„  iSic. 

Refohed,  That  the  fum  of  two  thoufand  feventy-eight  dol- 
iars  eighty-four  cents  be  paid  to  Amafa  Davis,  Efq.  Quarter- 
mafter-general,  from  the  treafury  of  this  Commonwealth,  to 
enable  him  to  carry  into  effecl  a  refolve  of  the  Legiflature 
pafled  the  22d  ult.  authorizing  and  direfting  him  to  purchafe 
for  the  ufe  of  the  Commonwealth  of  Ebenezer  Chfford  and 
Samuel  Palmar,  feveral  pieces  of  iron  and  brafs  ordnance  and  a 
quantity  of  cannon  balls,  for  the  application  of  which  fum  he 
is  to  be  accountable  ;  and  that  his  Excellency  the  Governour 
be  requefted  to  ilfue  his  warrant  on  the  treafury  for  the  faid 
amount,  at  fuch  time  and  in  fuch  manner  as  his  Excellency, 
with  advice  of  Council,  may  deem  expedient  for  the  publick 
fervice. 


CLIL 

^R^fvhefor  paying  the  Committee  for  ria'Ung  the  Tax  Bill.     March 

3,    181C. 

"'  Refuse d,-!T\\2it  there  be  allowed  and  paid  out  of  the  pub- 
lick treafury  to  the  committee  who  was  appointed  to  make 
and  repprca  tax  bill  the  prefent  feflioh  of  the    General  Court 


RESOLVES,  March  3,   1810,  44^ 

for  their  fervices,  the  fums  annexed  to  their  names  refpe^^live- 
ly  in  addition  to  their  p?.y  as  members  of  the  Legiflature. 

Nathan  Fiflier,  ten  days,  ten  dollars. 

ficnry  Brown,  five  days,  five  dollars. 

David  Devens,  four  days,  four  dollars. 

Joi'hua  Green,  twu  days,  two  dollars. 

CLIII. 

Rcfohe  granting  half  a  iownjhip  of  land^  towards  making  a  county 
■     road  from  Kennebick  to  Fenobfcut  river.     March  3,    i8io. 

'I  he  committee  of  both  Houfes  to  whom  was  committed  the 
petition  of  Samuel  E.  Dutton  and  others,  praying  for  the 
aid  of  this  Commonwealth  in  making  the  county  road  from 
the  town  of  Unity,  in  the  county  of  Kennebeck,  to  the  head 
of- navigation  on  Penobfcot  river,  pafl'able  for  wheel  carriages, 
have  attended  the  duty  afiigncd  them,  and  alk  leave  to  report 
the  following  refolves — which  is  fubmitted. 

LA'iHROP  LEWIS,  per.  order. 

Refoved,  That  there  be,  and  hereby  is  granted,  one  half 
townfliip  of  land  of  the  contents  of  fix  miles  fquare,  to  be  laid 
out  and  affigned  from  any  of  the  unappropriated  lands  belong- 
ing to  this  Commonwealth  in  the  diftridl  of  Maine,  excepting 
the  ten  townlhips  purchaled  of  the  Indians,  and  the  lands  con- 
traded  for  by  Jackfon  and  Flint,  for  the  purpofe  of  aiding  in 
making  the  county  road  paflable  for  wheel  carriages  from  the 
eaflerly  line  of  the  townihlp  number  four,  in  the  firll;  range  of 
townfhips  north  of  the  Waldo  Patent,  to  ihe  ealleriy  line  of 
townfhip  number  two,  in  the  fame  range,  adjoining  the  town 
of  Hampden. 

Be  it  further  rpfol-ved^  1  hat  faid  half  townfhiip  of  land  fliall  b& 
laid  out  under  the  direction  ot  the  agents  upon  the  fubjedi:  of 
«aliern  lands  ;  the  fame  to  be  vefted  in  a  conmiiilioner,  to  b_' 
appointed  by  the  Governoar,  with  advice  of  council,  to  be 
holden  by  fuch  commiffioner  with  full  power  and  authority 
to  fell  and  difpofe  of  the  fame  in  whole  or  in  part,  and  in  fucb 
way  arul  manner,  as  in  the  opinion  of  faid  commiilioner,  will 
\)VX  t-iltct  the  purpofes  and  obje6l  of  this  refolve. 

Bs  it  further  refoi-ved.  That  the  Governour,  with  the  advice: 
of  council,  be  and  he  hereby  is  authorized  and  empowered  tt* 
appoint  a  fuit'>jL.!c:  perfon  a>«;  commiffioner,  with  fu!i  po^ver  to 


444  RESOLVES,  IVkrch  3,  1^10. 

carry  Into  efie6t  the  purpofes  and  intentions  of  this  refolve  j 
which  commiflioner  fhali  give  bond  to  the  treafurer  of  this 
commonvv'ealth,  with  fufficicnt  furety  or  fureties,  10  be  apprcjv- 
ed  of  by  laid  treafurer,  in  the  Turn  of  five  thoufand  dollars,  con- 
ditioned that  he  will  faithfully  difcharge  his  duty  as  a  com- 
miffioner  under  this  refolve. 

Be  if  further  refo/ved.  That  faid  commiiTioner  (hall,  on  or 
before  the  ifl  day  of  February,  one  thoufand  eip;ht  hund-ed  and 
eleven,  and  at  any  other  time  when  thereto  required  by  theGov- 
ernour  and  council,  render  a  jult  and  true  account  of  his  pro- 
ceedings and  doings  under  this  refolve  ;  and  the  Governour 
and  council  be,  and  they  are  hereby  authorized  and  empow- 
ered to  allow  to  faid  commilTioner  out  of  the  proceeds  of  faid 
half  townfhip  of  land,  fuch  compenfation  for  his  fervices,  as 
as  they  may  think  fit  and  proper. 

Re/o/vedj  That  if  the  proceeds  of  faid  half  townfhip  of  land 
ftall  be  more  than  fufficient  to  make  the  road  over  tne  land 
aforefaid,  that  the  furplus  of  the  proceeds  fliall  be  expended 
in  innproving  the  road  in  fuch  places  in  the  towns  of  Unity  and 
Hampden,  as  faid  commiilioners  may  think  bcft. 

CLIV. 

Refolve  appointing  agents  to  fell  the  United  States  Jlock,  the  property 
of  the  Commonwealth.     March  3,  181c. 

Refohed^  That  the  Hon.  Harrifon  Gray  Otis,  Timothy  Big- 
elow  and  Jofiah  Dwight,  Efquires,  be  and  they  are  hereby  ap- 
pointed agents  for  and  in  behalf  of  this  Commonwealth,  to  fell 
and  transfer  the  ten  certificates  of  fix  per  cent,  flock  w^hich 
are  transferable  and  amount  to  feventy-fix  thoufand  fix  hun- 
dred and  eighteen  dollars  and  feventy-lour  cents,  and  are  the 
property  of  the  State  :  Provided^  That  they  do  not  fell  the 
fame  for  lefs  than  one  hundred  and  two  dollars  for  one  hun- 
dred dollars  of  faid    flock. 

Refohed^  That  the  faid  agents  alfo  fell  and  transfer  the  certifi- 
cate of  three  per  cent,  flock,  which  is  transferable,  amounting  to 
twenty-four  hundred  and  fixty-eight  dollars  and  ninety-five 
cents  :  Provided^  The  fame  be  not  fold  for  lefs  than  fixty-five 
dollars  for  one  hundred  dollars  of  faid  flock. 

Refolved,  That  faid  agents  be,  and  they  are  hereby  authoriz- 
ed and  empowered  to  fell  the  certificate  of  three  per  cent,  ftock 


RESOLVES,  March  3,  18 10.  445 

for  two  hundred  and  forty  nine  thoufand  feven  hundred  and 
fiKty  dollars  and  twenty  cents,  and  to  affign  and  convey  the 
fame  in  fuch  manner  as  may  be  neceifary  and  proper  tor  this 
Commonwealth  to  do  :  Provided,  I  hat  faid  certificate  fliill 
not  be  fold  for  lefs  than  lixty-five  dollars  for  one  hundred  dol- 
lars of  faid  (lock. 

Rcfolved^  That  whenever  faid  agents  fliall  fell  all,  or  any 
part  of  the  foregoing  (lock,  they  (hall  pay  over  to  the  treafur- 
er  the  m  jnies  received  therefor,  who  (hall  give  his  receipt  for 
the  fame  ;  which  monies  Ihall  be  applied  to  the  payment  of  the 
funded  State  deDt,  in  fuch  manner  as  the  Legillature  may  di- 
red  ;  and  that  the  faid  agents  (hall  receive  for  the  performance 
of  the  duties  herein  propofed,  at  and  after  the  rate  of  one  eighth 
of  cue  per  centum  on  the  monies  fo  paid  into  the  treafury. 

CLV. 

Rcfolve  on  the  petition  ofjofiah  Hay^vard,  allowing  an  appeal, 

March  3,  1810. 

On  the  petition  of  Jofiah  Hayward,  of  Weftford,  in  the 
county  of  Middlefex,  praying  that  a  fentence  awarded  againft 
him,  on  the  twelfth  day  of  Augull  laft  paft,  by  Jeremiah  Hil- 
dreth,  one  of  the  juftices  adigned  to  keep  the  peace,  withia 
and  for  faid  county  of  Middlefex,  at  a  court  holden  before  the 
faid  juftice,  on  the  fame  day,  for  a  fuppofed  larceny,  in  taking 
and  carrying  away  a  dunghill  fowl  ;  and  that  he  the  faid  Hay- 
ward,  may  be  authorized  and  empowered  to  enter  his  appeal 
from  the  fentence  of  the  faid  judice  at  the  Court  of  Common 
Pleas,  next  to  be  holden  at  Concord,  within  and  for  faid  coun- 
ty of  Middlefex. 

Fefohed,  for  the  reafons  fet  forth  in  faid  petition.  That  the  faid 
Jofiah  be  and  hereby  is  authorized  and  empowered,  to  enter  his 
appeal  from  the  fentence  of  the  faid  juitice  at  the  court  of  Com- 
mon Pleas,  next  to  be  holden  at  Concord,  within  and  for  faid, 
county  of  Middlefex,  and  the  faid  court  are  hereby  authorized, 
and  empowered,  to  fufhain  faid  appeal  and  proceed,  touchin ;  the 
fame  in  all  refpetls,  as  it  would  have  been  lawtul  tor  them  to 
have  done  had  the  faid  Joliah  claimed  faid  appeal,  at  the  tine 
when  faid  fentence  was  awarded,  and  had  feafonably  entered 
his  appeal  in  the  C'ourt  of  Common  Pleas  for  id  county  : 
Provided^  The  faid  Kayward  gives  notice  to  bamael  iitone,  of 
Kkk 


446  RESOLVES,  March  3,   1810. 

faid  Weftford,  on  whofe  complaint  the  faid  conviction  was  had, 
by  ferving  him  with  an  attefled  copy  of  this  refolve,  feven  days 
before  the  next  feffion  of  faid  Court  of  Common  Pleas,  and 
Ihall  recognize  before  faid  Court,  with  a  fufficient  furety,  in 
fuch  fum  as  they  (hall  order,  to  profecute  his  faid  appeal  with 
eiTe6l  :  And  provided  further^  1  hat  the  complainant  or  any 
attorney,  on  iDehalf  of  iaid  profecutor,  fhall  have  liberty  to  a- 
mend  the  original  complaint,  or  to  file  an  entire  new  com- 
plaint for  the  fame  caufe  only  as  is  dated  in  the  original  com- 
plaint ;  and  it  (hall  be  lawful  for  the  faid  court  to  proceed  up- 
on fuch  amended  or  new  complaint  in  the  fame  way  and  man- 
they  might  have  done  upon  the  original  complaint  afore- 
faid.  ■'knd  in  cafe  the  faid  Joliah  Havward,  (hall  refufe  to  have 
fuch  complaint  amended  or  filed  as  atorefaid,  then  the  faid 
Court  Hiall  difmifsthe  procefs  aforefiid,  and  no  farther  proceed- 
ings fhall  be  had  by  faid  Court  under  this  refolution. 

CLVI. 

Refolve  on  the  petition  of  yam?s  Bdiwin  and  others^  Bondfmen  of 
the  late  Treafurer,  Thofiipfonf.  Skinntr.     March  ^,  1810. 

The  committee  of  both  Houfes,  to  whom  was  referred  the 
petition  of  James  Baldwin  and  others,  who  were  fureties  for  the 
late  I  reafurer  of  ihe  Commonw'ealth,  praying  for  an  extcnfion 
of  time  for  the  payment  of  the  demand  againft  them  have 
given  the  fubjecl:  all  due  confiderition,  and,  after  having 
fe  n  the  ttorney  and  Solicitor  Generals,  alk  leave  to  report 
the  enclofed  refolve 

Which   is   fubmitted, 

P.  C   BKOOKS,  per  order 

On  the  Petition  of  James  Baldwin  and  others,  bondfmen  of 
Thompfon  J  .'■  kiimer,  tlcceafed,  late  Irea'urer  of  the  Com- 
monwealth, praying  that  Execution  upon  fuch  Judgments  as 
may  be  rendered  againft  them,  may  be  flayed. 

Refolvtd.  for  reafons  fet  foith  in  iaid  petiiion,  I  hat  the  prayer 
thereof  be  fo  far  granted,  as  that  the  solicitor  General  be,  and 
he  is  hereby  authorized  and  directed  to  confent  to  the  contin- 
uance of  all  the  actions  againft  faid  Sureties,  for  Judgment, 
which  are  now  pending  in  the  Supreme  Judicial  Couit,  in  the 
County  of  hutiblk,  from  term  o  term,  until  March  term  of 
the  laid  Supreme  Judicial  Court,  which  will  be  held  atBoflon, 


RESOLVES,  March  3,   1810.  447 

in  and  for  the  county  of  Suffolk,  on  the  fecond  Tuefday  of 
March,  which  will  be  in  the  year  of  our  Lord,  one  thouland 
eight  hundred  and  eleven  :  Provided.^  that  intereft  upon  the 
fums  which  fhall  be  found  due  the  i.oinmon wealth  upon  both 
the  bonds  of  the  faid  freafurer  Skinner,  ihall  be  added  to 
thefaid  fums,  and  paid  by  the  faid  fureties,  up  to  the  time 
when  final  judgments  fliall  be  rendered  in  the  aforefaid  ac- 
tions. 

Refolvtd^  that  the  Treafurer  of  this  Commonwealth  be  and 
hereby  is  authorized  to  receive  of  the  bondfmen  of  faid  ♦reafur- 
er  Skinner,  or  of  the  adminiftratorsonfaid  bkinner's  eflate,any 
fuai  or  fums  of  money  which  may  be  offered  him,  ot  not  lefs 
than  one  thoufand  dollars,  at  a  time,  in  part  payment  of 
the  balance  due  from  faid  Skinner,  as  treafurer,  and  to  give 
fuch  receipts  therefor,  as  that  fuch  payments  Ihall  not  operate 
againft  any  fuit  or  fuits  which  have  been  commenced  by  the 
commonwealth  againft  faid  bkinner,  as  their  late  treafurer,  and 
his  bondfmen  ;  or  prevent  the  obtaining  of  judgment  thereon 
for  the  recovery  of  the  money  due  to  the  Commonwealth  upon 
faid  Skinner's  bonds :  Provided,  all  payments  be  made  either  in 
fpecie  or  bills  of  the  Boflon  Banks:  And  provided  alfo,  that 
intercfl  upon  fuch  payments  to  be  made  as  aforefaid  fhall  tDe  al- 
lowed the  faid  fureties  and  deducted  from  the  amount  of  the 
fums  which  may  be  finally  recovered  againft  them  ;  any  law 
or  refolve  of  the  legiflature  to  the  contrary  notwithftanding. 

CLVIL 

Refche  for  altering  the  term  of  the  Supreme  Judicial  Court   at 
Lenox,  for  the  county  of  Berkjhire.      March  3,  1810. 

Refobed,  That  the  term  of  the  Supreme  Judicial  Court, 
which  by  law  is  now  to  be  holden  at  I  enox  within  and  for  the 
county  of  Berkfhire,  on  the  firft  I'uefday  of  iViay  next,  be,  and 
th:'  fa  ne  hereby  is  diredted  to  be  holden  for  this  year  only,  at 
faiJ  Lenox,  within  and  for  faid  county  of  Berkfliire,  on  the 
fecond  Tuefday  of  laid  May,  any  law  to  the  contarary  notwith- 
ftanding, and  that  all  recOj^niza^sces  taken  or  to  be  taken,  and 
proceffes  returnable  to  the  next  term  of  faid  court  to  be  hoi- 
den  within  and  for  faid  county,  fhall  be  returnable  to  and 
have  day  and  effe£t  in  faid  court,  on  the  fecond  1  uefday  of 
Ma.'  next,  instead  of  the  faid  firff  Tuefday,  and  the  bulinefs 
ot  faid  court  Ihall  be  traafaCted  accordingly. 


44S  RESOLVES,  March  3,   i8ig. 

CLVllI. 

Rcfohe  for  laying  out  a  road  from  Kenncbcck  river  to  the  PJvcr 
Chaudicre.     March  3,  1 8 1  o. 

The  committee  of  both  houfes,  to  v  horn  was  referred  the 
petition  of  JNathaiiiel  Dumnier  ;  nd  others,  praying  that  c<  m- 
miflioners  might  be  appointed  to  exploit  ano  n  aik  uut  a  read 
froP)  Kt-nnebci  k  river  in  a  direclion  to  Q^iiebeck,  having  con-r 
iitltrtd  tile  lame,  alk  leave  to  rcpuri  the  iolioving  Reloives. 
Which  is  fuljmitred, 

LOiliKOP  LEWIS,  per  order. 

"Whereas  the  laying  out  a  road  from  the  fettlement  on  Ken- 
jiebt  ck  river,  over  the  lands  of  the  con  mi  nucalth,  to  the 
Bcnn  b(  untiary  thereof,  ir.  a  direCii  n  to  the  nearelt  Itttlciiicnt 
on  ihe  Rivei  C  haudiere  ior  tht  i-uiptft  ot  opening  a  com- 
inunicaticui  with  Qucbeck,  on  the  Rivtr  St.  LavMcKcc,  uouid 
be  of  great  publick  utility.     Thtrclore, 

Hifolved,  1  hat  the  Covtri  cur  v.ith  the  advice  and  confent 
of  cc^uncil,  be,  anci  he  hereby  i^  authorized,  to  ap^  c;int  three 
CO'  nviflioneTs  for  the  purpole  of  exploring,  and  lc.)irig  <.  ut  a 
road  lour  rods  wice  in  the  n  c  0  ccnvirient  ar^d  diit^l  re  ute 
fron^.  Keniubeck  river,  to  the  north  boundary  of  this  com- 
in(  nvvtahh,  in  a  d-rtdion  to  the  i.earell  Icttlententi;  on  the 
river  Chaudiere — iinu  laid  commiflioners  Ihall  have  full  power 
and  authority  to  begin  at  luch  point  on  the  river  Kennebeck 
in  thf  cour.ty  ol  Scmer'et,  as  they  n.ay  think  pr(  per,  and 
from  thence,  to  explore  and  lay  out  a  road  four  rods  wide  in 
the  elireftion  aforeiaid,  and  to  return  a  corrtfi  plan  ihereof  to 
the  Governour  and  C<  uiicil,  as  foon  as  thty  have  couipleied 
the  fame,  wiih  a  particular  defcription  of  laid  road. 

Aiidli;idc(.n"»n"'iiri(  rers  are  hereby  authorized  to  employ  fuch 
furveyor  and  other  allifl'^nts,  as  they  may  find  necellary  to 
effeft  the  purpofes  afi-relaid,  and  to  Jay  their  accounts  before 
the  General  Court  for  allowance. 

Rfohed,  Ihat  there  be  granted  to  faid  commiflioners  five 
hundred  dollars  to  enable  them  to  carry  into  efl'ed  the  forego- 
imz  rcfolve,  they  to  be  accountable  for  thefiiithful  expenditure 
thereof  ;  and  the  Governour  is  requeited  to  draw  his  warrant 
pn  the  treafurer  for  the  fame. 


RESOLVES,  March  3,  18 10.  449 

CLIX. 

Refolve for  Jlay'nvg  proceedings  agatnfl  fetlJers  In  the  counties  of 
Hancock  and  Wajhington.     March  3,  1810. 

Whereas  by  a  refolve  of  the  General  Court  of  the  common- 
wealth of  Maiiachufets,  paffed  the  third  day  of  March,  1806, 
the  attorney  general  was  direded  to  rejed  certain  fettlers  in  the 
counties  01  Hancock  and  Wafliington,  who  (hould  fail  of  com- 
pleting the  payments  for  the  loiss  in  which  they  lettled  re- 
ipedively,  on  or  before  the  third  day  of  March,  1807,  and  by 
a  refolve  paffed  the  twenty  feventh  day  of  February,  1809,  a 
further  time  of  twelve  months  has  been  allowed,  which  time 
has  nearly  expired.  And  whereas,  it  appears  that  the  faid 
pay:nents  are  not  yet  fully  completed.     Therefore 

Rcfolved^  That  the  faid  .attorney  General  be  directed  to  (lay 
his  proceedings  relative  to  the  fame  for  the  further  time  of 
twelve  months  irom  the  paffing  of  this  refolve,  and  the  agents 
for  the  fale  of  ealtern  lands  are  diredled  in  the  mean  time  to 
receive  any  monies  which  the  faid  fettlers  may  pay,  and  to  make 
out  ihe  deeds  of  their  refpeftive  lots  in  the  ufual  manner, 
any  thing  in  the  faid  refolves  to  the  contrary  notwithitand- 
ing. 

CLX, 

Refolve  authorizing  the  Governour  to  appoint  a  Superintendent   of 
the  Penobfcot  Indians.     March  3,  1810. 

The  Committee  of  both  Houfes  to  whom  were  referred  the 
letter  of  refignation  and  the  accounts  of  Horatio  G.  Balch, 
Efq.  fuperintendent  of  the  Penobfcot  Indii'.ns,  have  attended  to 
the  duties  aihgned  to  them,  and  report, that  it  istheir  opinion  the 
accounts  are  unreafonable,  and  ought  not  to  be  paffed  ;  but  as 
the  faid  Balch  is  not  in  this  town,  at  the  prefent  time,  your 
committee  recommend  that  the  further  confideration  of 
this  fubjecl  be  referred  to  the  next  Legiflature.  Your  com- 
mittee alfo  afk  leave  to  offer  the  following  refolution. 

WILLIAM  SPOONER,  per  order. 

Rcfolved^  That  his  Excellency  the  Governour,  by  and  with 
th-  ydvire  of  cou'cil,  btr  and  they  are  hereby  authorized  to  ap- 
point a  fuperintendent  of  the   Penobfcot  Indians,  who  fhall  be 


45-Q  RESOLVES,  March  5,   1810. 

inverted  with  all  the  powers  given  to  the  fuperintendent  by 
the  Refolves  of  February  5,  1  H07,  and  June  19,  1807,  and 
the  faid  fuperintendent  fhall  be  fubje6\  to  fuch  other  reg- 
ulations as  the  Government  and  Council  may  think  necef- 
fary. 


CLXI. 

Refohe  granting  half  a  Toivnjhip  of  Land  to  the  Trujlees  of  Daft 
Academy.     March  5,    1810, 

On  the  petition  of  the  truflees  of  Day's  academy,  in  Wrent- 
ham,  praying  for  the  affiftance  of  this  Legiflature  in  fuppon  of 
faid  academy, 

Rejohed,  for  reafons  fet  forth  in  the  petition,  '1  hnt  there  be, 
and  hereby  is  granted  one  half  of  a  townfliip  of  land  of  the 
contents  ot  fix  miles  fquaie,  to  be  laid  out  and  affigntd  from 
any  of  the  unappropriated  lands  belonging  to  this  common- 
wealth in  the  diftrid  ot  Maine,  excepting  the  ten  to\^nfhip$ 
lately  purchafed  of  the  Penobfcot  Indians,  and  the  land  for- 
merly contracted  for  by  Jackfon  &  Flint ;  the  fame  to  be  veil- 
ed in  faid  tiuftees  and  their  lucceflbrs  forever  ;  with  lull  pow- 
er and  authority  to  fell,  convey,  and  difpofe  thereof  in  fuch 
way  and  manner  as  fhall  beft  promote  the  interefl  of  faid  a- 
cademy ;  the  lame  to  be  laid  out  under  the  dircdion  of  the 
committee  for  the  fale  of  1'  afltrn  lands,  at  the  expenle  of  the 
faid  truftees  :  Provided^  That  there  be  referved  in  faid  half 
townfhip,  four  hundred  and  eighty  acres  ;  three  hundred  and 
twenty  acres  of  which  niall  be  for  the  ufe  of  the  minillry, 
and  one  hundred  and  fixry  acres  for  the  ufe  of  fhools  in  laid 
townfhip.  And  provided,  '1  hat  the  trultees  aforelaid,  fhall  not 
proceed  to  lay  out  and  alTign  the  fame,  unlefs  faid  truflees 
fhall,  within  three  years  from  the  pafTmg  of  this  refolve,  lodge 
in  the  fecretary's  office  a  certified  hit  of  donations  which  have 
been  made,  and  which  fhall  be  made  to  faid  academy,  and 
which  fhall  amount  to  the  ium  of  three  thoufaiid  and  five  hun- 
dred dollars. 


RESOLVES,  March  5,  1810.  45' 


CLXIL 

Refolve  dif charging  the  Hon>  Salem  Town,  as  Agent  for  the  f ale  of 
Land   at  Penobfcot.     March  5,   1810. 

The  committee  of  both  Houfes,  to  whom  was  referred  the 
accounts  of  the  Hon.  Salem  Town,  exhibiting  a  ftatement  of 
the  fales  of  a  part  of  the  nine  townfhips  of  land  on  Penobfcot 
river,  and  of  his  receipts  of  and  fecurities  for  money  paid  into 
the  treafury  of  this  commonwealth,  have  confidered  the  fame, 
and  afk  leave  to  report  the  following^  refolves. 

Which  is  fubmitted, 
LOIHROP  LEWIS,  per  order. 

Whereas  the  Hon.  Salem  Town  was  appointed  by  a  refolve 
of  March  the  fecond,  one  thoufand  feven  hundred  and  ninety- 
eight,  and  of  June  the  twenty-fecond,  one  thoufand  feven  hun- 
dred and  ninety-nine,  to  make  fale  of  the  nine  townfhips  of 
land  lying  on  both  Udes  of  Penobfcot  river,  which  was  relin- 
quifhed  to  this  commonwealth,  by  the  Penobfcot  Indians,  in 
the  month  of  Augufl,  one  thoufand  feven  hundred  and  nine- 
ty-fix. 

And  whereas  faid  Salem  Town  has  exhibited  a  ftatement 
of  the  fales  of  land  made  by  him  under  the  refolves  aforefaid, 
amounting  to  twenty-feven  thoufand  fix  hundred  and  ten  acres 
and  one  half,  for  the  fum  of  twenty-five  thoufand  eight  hun- 
dred eighty-four  dollars  and  fifty-eight  cents  y  and  has  alfo  ex- 
hibited his  receipts  for  money  andfecurity  for  money,  paid  in- 
to the  treafury  of  this  commonwealth  ;  and  for  money  paid  for 
advertifements,  recording  mortgage  deeds,  and  for  allowance 
of  two  and  one  half  per  centum  for  his  commifTion  in  conduc- 
ting the  fame  ;  and  alfo  for  his  time  and  expenfe  incurred  un- 
der a  refolve  of  June  the  nineteenth,  one  thoufand  eight  hun- 
dred and  nine,  relating  to  certain  i'ettler's  lots  on  a  part  of  the 
lands  aforefaid,  which  upon  a  careful  examination  appear  to. 
be  well  vouched  and  right  caft,  and  amounting  in  the  whole  to 
twenty-five  thoufand  eight  hundred  and  fifty-one  dollars  and 
forty-two  cents  ;  leaving  a  balance  due  to  the  commonwealth 
of  thirty-three  dollars  and  fixteen  cents.     Therefore, 

Refolved,  i  hat  the  Hon.  tjalem  Town  be,  and  he  hereby  is- 
difcharged  of  the  fum  of  twenty-five  thoufand  eight  hundred 
and  eighty-four  dollars  and  fifty-eight  cents,  upon  his  paying 


453.  RESOLVES,  March  5,   18 10. 

to  the  treafurer  of  this  commonwealth  the  aforefaid  balance  of 
thirty-three  dollars  and  fixteen  cents. 

Be  it  further  refolved^  I  hat  the  Hon.  Salem  Town  be,  and 
he  hereby  is  difcharged  from  any  further  fervice  as  commif- 
fioner,  under  and  by  virtue  of  the  refolvcs  of  March  the  fec- 
ond,  one  thoufand  feven  hundred  and  niaety-eij^nit,  and  of 
June  the  twenty-fecond,  one  thoufund  feven  hundred  and 
ninety-nine;  excepting  the  power  of  fuliiUing  his  contract 
with  David  Stopman,  and  William  Lunt,  their  heirs  and  af- 
fii^ns. 

Refolved^  That  faid  Salem  Town  be,  and  he  hereby  is  directed 
to  lodge  all  the  plans,  deeds,  and  papers  of  every  kind  whatev- 
er, relating  to  the  lands  aforefaid,  in  the  land  office  of  this 
coinnionwealch. 


CLxiir. 

Refohve  granting  County  Taxes.     March  5,    18 10. 

"Whereas  the  treafurers  of  the  following  counties  have  laid 
their  accounts  before  the  Legiflature  for  examination,  which 
accounts  have  been  examined  and  allowed  ;  and  whereas  the 
clerks  of  the  courts  of  common  pleas,  for  the  faid  counties, 
have  exhibited  edimates,  made  by  the  faid  courts,  of  the  ne- 
ceiTary  charges  which  may  arife  within  the  faid  feveral  coun- 
ties, for  the  year  enfuing,  and  of  fums  neceflary  to  difcharge 
the  debts  of  the  (aid  counties  : 

Rcfolvcd^  Ihat  the  fums  annexed  to  the  feveral  counties, 
contained  in  the  following  fchedule,  be,  and  the  fame  are  here- 
by granted  as  a  tax,  for  each  county  refpeclively,  to  be  appor- 
tioned, aifefled,  paid,  coUefted  and  apphed  for  the  purpofes 
aforefaid,  according  to  law. 

Suffolk,  forty-one  thoufand  dollars  4i,coc 

F.flex,  feven  thoufand  dollars  7.000 

Middlefex,  nine  thoufand  five  hundred  dollars  9?300 

Worcefler,  five  thoufmd  dollars  55C00 

Hampfhire,  three  thouland  dollars  y:)0<i 

Berkfhire, 

Norfolk, 

Plymouth, 

Priifol, 


RESOLVES,  March  5,   18 10.  453 

Bcirnftable,  two  thoufand  four  hundred  and  feventy 

dollars  2,470 

Dukes, 

Nantucket, 

,York,  four  thoufand  dollars  4^003 

Cumberland,  ['even  thoufand  dollars^  7,000 

Lincoln,  nine   thoufand   five   hundred    and  twenty 

dollars  9^520 

Kennebeck,  nine  thoufand  four  hundred  dollars  9j4oo 

Oxford, 

Somerfet,  one  thoufand  one  hundred  and  eighty  dol- 
lars 1,180 

Hancock,  three  thoufand  dollars  3jOOO 

WafhiniTLon,  one  thoufand  feven  hundred  and  fifty 

dollars  Jj7S<^ 

CLXIV. 

Rffolve  authorizing  the  Treafurer  to  borrow  Fifty  Thoufand  Dollan 
of  the  Boflon  and  Union  Baks,     March  5,  iBio. 

Whereas  the  Treafurer  of  this  Commonwealth  has  repre- 
fented  that  the  (late  of  the  Treafury  may  make  it  neceftary 
for  him  to  borrow  fiity  thoufand  dollars  : 

Be  it  therefor  refolvrd^  That  the  1  reafurer  of  this  common- 
wealth, be,  and  he  is  hereby  authorized  and  directed,  to  borrow 
of  the  Bofton  and  Union  Banks,  in  addition  to  the  fum  now 
borrowed,  any  fu-n,  not  exceeding  fifty  thoufand  dollars,  that 
may  at  any  time  within  the  prefent  year,  be  necefTary  for  the 
payment  .)f  the  ordinary  demands  made  on  the  treafury  j  and 
that  he  repay  any  fum  he  may  borrow  as  foon  as  money  fulfi- 
cient  for  that  purpole,  and  not  otherwife  appropriated,  fliail  be 
received  into  the  treafury. 

CLXV. 

Refoke  difcharging  the  garter' Majier  General  of  Fifteen  Thoufand 
Dollars^  and  uuiking  an  appropriation  of  Fourteen  Thoufand  ocv- 
e>'.  Hundred  Dollars  for  his  department.     March  5,  1810. 

Refolvedy  That  Amafa  Davis,  Efq.  Quarter  Mailer  General, 
be  and  he  hereby  is  dilcharged  from  the  fum   of  fifteen  thovk- 
LIl 


454  RESOLVES,  March  5,  18 10. 

fand  dollars,  which  he  expended,  including  his  falary,  office 
rent  and  clerk  hire,  amountiug  to  one  thoufand  dollars  for 
one  year,  ending  the  feventh  of  January,  one  thoufand  eight 
hundred  and  ten,  out  of  the  fums  he  has  received  the  lad  year 
by  warrants  on  the  Treafurer. 

Be  it  further  refolved^  J  hat  the  fum  of  five  hundred  and  eigh- 
ty nine  dollars  be  paid  to  the  faid  Ainafa  Davis,  hfq.  out  of  the 
Treafury  of  this  commonwealth  as  the  balance  of  his  account 
with  this  commonwealth,  on  his  returning  to  the  treafury 
one  hundred  and  fifty  five  dollars  in  uncurrent  bills,  the  fame 
having  been  received  by  him  on  warrant,  for  the  purpofe  of 
fjayirig  the  expences  arifing  in  the  Quarter  Mafter  General's 
department. 

And  be  it  further  refolved^  That  the  fum  of  fourteen  thou- 
fand feven  hundred  dollars,  be  paid  to  the  faid  Quarter  Maf- 
ter General,  from  the  I  reafury  of  this  commonwelth,  to  meet 
the  expences  of  his  department  the  enfuing  year,  for  the  ap)- 
plication  of  which  he  is  to  be  accountable  ;  and  that  his  Excel- 
lency the  Governour  be  requefted  to  iffure  his  warrant  on  the 
treafury  for  the  amount,  at  fuch  period  and  in"fuch  fums  as 
his  Excellency  with  advice  of  council,  may  deem  expedient 
for  publick  fervice. 

CLXVL 

"Refohe  for  paying  the  Clerks  of  the  Senate  and  Clerk  of  the  Houfe. 

March  ^,   1810. 

Refolved,  That  there  be  paid  out  of  the  publick  treafury  to 
Nathaniel  Coffin,  clerk  of  the  Senate,  and  to  Nicholas  1  illing- 
hail,  clerk  of  the  Houfe  of  Reprefentatives,  three  hundred 
anJ  fifty  dollars  each,  and  alfo  to  bamuel  F.  Mc  Cleary, 
affiflant  clerk  of  the  Senate,  two  hundred  and  fifty  dollars 
in  full  for  their  fervices  in  their  faid  offices,  the  prefent  feffion 
of  the  General  Court. 

CLXVII. 

Refolve  granting  Elizabeth  Pierpont  One  Hundred  and  Fifty  Dollars, 
•  •  March  5,  1810. 

Refohed,  On  the  petition  of  Elizabeth  Pierpont,  widow 
of  ^^athauiel  Fierpont,  for  herfeif,  and  her  children,  by  power. 


RESOLVES,  March  5,  18 10.  455 

praying  for  the  payment  of  fifteen  thoufand  weight  of  bread 
delivered  by  her  late  hufband,  and  his  brother  John  Pierpont, 
for  the  ufe  of  the  American  army  in  the  year  1775,  by  the 
diredion  of  the  commanders  thereof;  it  appeared  by  the  evi- 
dence produced  before  your  committee,  by  the  petitioner, 
that  the  flour  from  which  the  bread  was  made,  was  flour  de- 
livered to  faid  Pierpont  by  an  agent  of  the  Britifli  government, 
to  be  baked  for  them,  which  was  taken  by  order  of  General 
Keath  and  others,  for  the  ufe  aforefaid  ;  and  that  faid  Pierponts 
were  entitled  only  for  the  payment  for  the  baking  of  faid 
bread  ;  your  committee  cannot  find  any  refolve  that  paflTed  for 
the  payment  thereof,  althou;j;h  feveral  applications  have  been 
made  for  payment  for  the  bread  ;  your  committee  are  oi  opin- 
ion that  it  is  jufl:  that  payment  fliould  be  made  for  the  baking 
faid  bread.      1  herefore, 

Re/ohed,  Ihat  there  be  allowed  and  paid  out  of  the  Trea- 
fury  of  this  commonwealth,  to  the  faid  Elizabeth  Pierpont,  one 
hundred  and  fifty  dollars,  being  the  fum  due,  including  the  in- 
tereft. 

CLXVIII. 

Refolve  granting  'Jacob   Kuhn,  Sixty   Dollars^  for  extra  fervice» 

March  5,  1810. 

Refohed,  That  there  be  paid  out  of  the  Treafury  of  thi^ 
commonwealth,  the  fum  of  fixty  dollars  to  Jacob  Kuhn,  mef- 
fenger  of  the  General  Court,  in  full  for  his  fervices  in  fuper- 
intending  fundry  repairs  and  improvements  in  and  about  the 
State  Houle,  agreeably  to  feveral  orders  and  refolves  of  the 
Legiflature,  fmce  March  J  2,  i8©8. 

CLXIX. 

Refolve  for  paying  the  Chaplain  of  the  Senate  and  Houfe  cf  Repre- 
fentatives.     March  5,   1810. 

Refolved^  That  there  be  allowed  and  paid  out  of  the  publick 
treafury  of  this  commonwealth  to  the  Rev.  Joleph  b.  Buckmiu- 
fter,  Chaplain  of  the  Senate,  and  to  the  Rev.  John  Lothrop, 
Chaplain  of  the  Houfe  of  Repreftntatives,  the  fum  oHixiy  dol- 
lars each,  in  full  for  their  fervices  refpectively,  during  the  prcf- 
ent  year. 


45^  RESOLVES,  March  5,  1810. 


CLXX. 

Refolve  for  pay  io  Syhanus    Laphanu    njjljlant  incjfenger   io  the 
General  Court.     March  5.  1810. 

Refolved^  That  there  be  allowed  and  paid  out  the  "^Ireafury 
of  this  coniinonwealth,  unto>)ylvanus  Lapham,  afliftant  nief- 
fenger  of  ihe  General  Court,  one  dollar  per  day,  during  the 
prefent  feflion  ot  the  Legiilaturc,  over  and  above  his  ordinary 
allowance. 

CLXXI. 

JRefovc  en  the  report  of  ihe  Committee  for  repairing  the  Colonadc  of 
ihe  State  Houfe.      March  5,  1810. 

Refoheds  7  hat  John  '1 .  Apthorp,  Jonathan  Hunewell  and 
Charlts  Buifinch,  i'fqs.  be  authorized  and  en'' powered  to  caufe 
a  platform  of  hewn  (hne  to  be  laid,  as  a  fl(^or  to  the  gallery 
oi  the  Colonade  of  the  State  Houfe,  to  extend  from  the  body 
of  the  houfe  over  the  arc  hes  of  the  Irwer  (lory ;  and  to  makt  oth- 
er fuch  repairs  as  n)ay  upon  examinatit  n,  be  found  neceflary  ; 
and  that  his  1'  xcellent  y  the  Govemcur  with  advice  and  conlent 
ot  the  council,  bt-  refuelled  to  driv  a  varranton  the  treafurer 
for  payment  of  the  lame,  not  to  exceed  the  ium  of  fifteen  hun- 
dred dollars. 


CLXXII. 

Refolve  authGrizing  Nathan  Dane^  Efq,  io  male  ofiatemcni  cf  ihe 
fujns  charged  by  this  State  to  the  United  States,  in  JStw  Ln  Jj  on 
Bills,  l^c.      March  5,  181Q. 

Refohed,  That  NathanDane,  Ffq.  be,  and  hereby  is,  author]- 
fed  and  reo^utrfled  to  make  aiiaienunt  of  all  the  lums  charged 
by  this  State  to  the  United  States  in  Ntw  Y  miflirn  bills  ;  and 
ihe  value  atvhich  ihey  were  charged  in  the  final  fcitlen-.ent 
of  accountvS  with  the  I  nited  States. 

Alfo,  an  eitimate  of  the  dedutiion,  if  any,  from  the  value 
ehgrged, 


RESOLVES,  IVUrch  6,   1810.  457  ' 

And  make  a  report  thereof  to  the  next  General  Court  :  Pro- 
'vided,  the  expence  attending  the  making  the  faid  ftatement 
and  eilip.iate,  fhall  be  defrayed  by  the  perfon  or  perfons  a]>ply- 
jng  therefore. 

CLXXIII. 

Refolve  for  paying  the  Committee  on  Accounts.     March  6,    1810. 

Refolved,  That  there  be  allowed  and  paid  out  of  the  publick 
Trealury,  to  the  committee  appointed  to  examime  uui  pals  on 
accounts  prefented  againft  the  con  monwealth,  fi.r  their  atten- 
dance on  that  fervice,  during  the  prefcnt  fefiion,  the  lums  an- 
nexed to  their  names  refpedivuly,  in  addition  10  ihtir  pay  as 
members  of  the  Legillature. 

Hon.    Ihonia?  Hale,  thirty  fix  days — Ihirty  fix  dollars. 

Hon.  Nathan  Willis,  thirty  three  days — I  hiry  three  collars. 

Jofeph   litcomb,  thirty  two  days — 'I  i.irty  two  d<'liars. 

bjlas  Holman,  thirty  fix  days — tliirty    fix  dollars. 

CLXXIV. 

Refohe  io  pay    Thomas    Wallcutt,  as  ojfijlant  clerk  to  the  Houfc, 

March  6,  1810. 

Refohed,  that  two  hundred  and  fifty  dollars  be  granted 
and  paid  out  of  the  publick  'Ireafury  to 'J  honias  Wallcut, 
in  tuU  for  his  fervice.^  as  afiiftant  Clerk  of  the  Houfe  of  Rep- 
refentatives  during  the  prelent  beffion  of  the  Legiflature. 

CLXXV. 

Refohe  for  the  di/iribuiion  of  the  Militia  Laiu.     March  6,  i8ic. 

Refohed,  that  the  Secretary  oi  the  Commonwealth  be,  and 
he  hereby  is  direded  to  raufe  five  thoufand  copies  of  the  Aft 
entitled,  '*  /^n  Aft  for  regulating,  governing,  and  training  the 
Militia  of  this  Commonwealth,"  to  be  printed  as  foon  as  may 
be,  and  that  fiiid  Secretary  trantmitore  of  laid  primed  copies 
to  the  Seleclmen  of  each  Town  and  1/ifirict  within  this  ccm- 
monweaith,  fo  fo(  n  as  opportunity  will  admit,  alter  the  fame 
arc  printed.  nd  that  he  depcfii  the  refidue  of  faid  Copies 
in  the  office  of  the  Adjutant  General. 


45«  RESOLVES,  March  6,  1810. 

Be  it  further  refolved^  that  his  Excellency  the  Commander 
in  chief  be,  and  he  hereby  is  requefted  to  iflue  his  orders  to 
the  Adjutant  General  to  tranfmit,  without  delay,  one  copy  of 
faid  '^d:  to  each  officer,  holding'  a  Commiffion  in  the  Militia 
of  this  Siate  ;  in  luch  way  and  manner,  as  in  the  opinion  of 
His  Kxcellency  the  Commander  in  Chief,  will  conduce  to 
give  to  each  Militia  Officer  the  earlieft  information  of  faid 
Ad. 

Be  ii  fitrfher  rcfohed,  'I  hat  his  Fxcellency  the  Commander 
in  Chief,  be,  and  he  hereby  i?  further  requefted,  to  iflue  his 
orders  to  the  Adjutant  General,  that  in  all  cales,  when  a  com- 
miffiiWi  is  ifl"ued  from  his  office  to  any  Militia  Officer,  that  he 
the  faid  Aojurant  General,  deliver  or  forward,  with  each  and 
every  c<^)mmiffion,  one  printed  Copy  of  the  Kiilitia  Law  or 
Laws  (^f  this  State,  which  may  be  in  force  at  the  time  fuch 
commiffion  is  ifl'ued,  in  order  that  every  officer  when  he  re- 
ceives his  commiflion,  may  at  the  fame  time  receive  a  copy  of 
the  iVliliiia  Law  or  Laws  of  this  btatc,  which  may  be  then  in 
force. 

CXXVL 

Refohe  injirn  fling  the  Senators,  and  Reprejentatives  of  this  State, 
in  Congrefs^  to  endeaiour  to  obi  aw  a  rental  cj  the  prtjtni 
Military  fyjiem  of  Dfciplme  of  the  United  States.  March  6, 
i8io. 

Whereas  by  an  order  of  the  Congrefs  of  the  United  States, 
paffed  on  the  9th  of  March,  1779,  the  fyflem  of  Difcipline 
commonly  known  as  Baron  Steuben*s  regulations  for  the  order 
and  difcipline  of  the  troops  of  the  United  states,  was  adopted, 
and  has  ever  fince  been  the  fyftem  of  difcipline  for  the  Army 
and  Miliiia  ;  and  whereas  if  is  confidered  wholly  inadequate 
to  the  communicating  that  knowledge  to  the  Militia  of  the 
United  States  which  might  enable  them  to  meet,  on  equal 
ji;round,an  enemy  Ikilled  in  the  modern  tadics  arid  difcipline 
of  Europe.      J  herefore, 

Refolvcd,  That  the  .Senators  of  Maflachufetts  in  the  Congrefs 
of  the  .nited  States,  be  in^rudted,  and  the  Rt  prefeiuaiives  be 
requefted,  to  take  furh  meafures  as  they  may  dten»  proper,  10 
obtain  a  repeal  of  the  faid  oider  of  Congrefs  ;  and  for  the  in- 
irodudion  and  pradice  of  fuch  fyftem  in  lieu  thereof,  as  Con- 


RESOLVES,  March  6,   1810.  4^0 

grefs  may  think  adapted  to  the  prefent  ftate  of  the  Militia  and 
the  defence  of  the  Country. 

CLXXXII. 

Refohefor  paying  Nathaniel  Coffin,  for  making  afi  Index  to  the  Sen- 
ate  'Journals,     March  6,1810. 

Refolvedj  That  there  be  allowed,  and  paid  out  of  the  Treafury 
of  this  CommonweaUh  to  Nathaniel  Coffin,  the  lum  of  fifty 
dollars  in  full  for  his  fervices  in  makingj  an  Index  to  the  ben^ 
ate  Journals,  from  the  year  1785  to   1789,  both  inclufive. 

CLXXVIII. 

Refohefor  paying  WiUia?n  Adams,  Efq.  of  Chehnsford,  member  of 
the  Houfe  of  Reprefentatives,      March  6,  1 8  i  o. 

Refolded,  That  there  be  allowed,  and  paid  out  of  the  treafury 
of  this  Commonwealth  to  William  \dams,  feventy  dollars  in 
full  for  his  travel  and  attendance  as  a  member  of  the  floufeof 
Reprefentatives  the  laft  and  prefent  Seffions  of  the  General 
Court,  from  the  town  of  Chelmsford  ;  and  that  the  Treafurer  of 
this  Commonwealth,  be  directed  to  charge  fifty  eight  dollars, 
part  of  faid  fum  to  faid  town  of  Chelmsford,  to  the  end  that 
tht;  fame  may  be  included  in  the  next  State  tax  bill,  as  a  part 
of  the  fum  to  be  required  of  faid  town  to  pay. 


460  RESOLVES,  March  6,  1810. 


Roll  No.   6i....ya?inar)\   18 10. 

The  Committee  on  accounts  having  examined  the  feveral 
accouiits,  they  now  prefeat, 

i<.iiil*0.<.T,  That  there  are  due  to  the  Corporations  and 
Perfons  hereafter  mentioned,  the  fums  fet  to  their  nanes  re- 
fpjitivvily,  which,  when  allowed  and  paid,  will  oe  in  full  dif- 
charjje  of  the  faid  accounts  to  the  feveral  dates  therein  men- 
tioned, which  is  refpedfully  fubmitted. 

THOMAS  HALE,  Per  Order. 


PAUPER  ACCOUNTS. 


D.  C. 


Town  of  Au(Tufta,  for  boirdin:^^  clothing^  and  doc- 
toring Lydia  Gordon, to  ill  January  1810,  D72  20, 
and  for  fupport  of  poor  perfons  confined  in  gaol 
for  debt,  Di3»   86,  211  6 

Adams,  for  boarding  and  clothin ;  Freeman  Blak  ley 
D.dy*s  two  children,  Anna  Wallin,  and  C)ufan  a 
Cramp,  to  22d  February,  1810,  and  John  benach 
to  the  time  of  his  dc  ath,  and  funeral  charii;es, 

i^ndover,  for  boarding  and  clothing  Patrick  Calla- 
han, to  February  lit,   1810, 

AttleboFv  u^i,h,  tor  fupplies  to  Jdiza  Taylor  and 
dauLihter,  to  15th  January,  1810, 

Abni_,ton,  for  boarding  and  clothing  Thomas  Sey- 
mor,  to  id  January,  1810, 

Billerica,  for  boarding,  clothing  and  doctoring  Mi- 
chael Taylor,  and  William  Love  and  Wife,  to  12th 
February,  i  81c, 

Bi)xford,  for  boarding  and  clothing  Mehitable  Hall, 
to  2d  J-muary,  i8io, 

Earre,  for  boarding  and  clothing  John  C.  Dandrich, 
to  26th  January,  18  ic, 

B.ookfield,  lor  boarding,  clothing,  nurfing  and  doc- 
toring barah  Cook  to  ic.th  January,  1810,  and 
'ihomas  Boyd  to  ill  January,  i8io, 

Beverly,  for  b^ar  !ing,  clothing  and  doctoring  fundry 
paupers  to  ilt  February,  1810, 


197 

72 

22 

94 

22 

94 

Z7 

50 

188 

7S 

^3 

39 

25 

87  84 

752 

46 

RESOLVES,  March  8,  1810.  461 

BacklanJ,    for   boardin:::,   clothing    and    dodoring 

vVilliam  '"^egus,  to  ifl  February,  1810,  79  S^ 

Bdcket,  for  boarding,  clothing  and  dotftoring  Sally 
Leonard  and  Hiram  Leonard,  to  ifl:  January, 
1810,  67  60 

Bowdoinhaii,  fir  fuoporting  Catharine  and  Terafa 

Devens,  to  29th  Deceniber,  1809,  ^^   7^ 

Bridgewater,  for  boarding  and  clothing  William 
B'akely,  Frederick  Bignor,  and  Michael  Ryan,  to 
14th  February,  18  10,  and  Mrs.  Place,  and  children 
to  time  of  fending  them  out  of  the  (lite,  i85     9 

Boflon,  for   boarding  and    clothing  fundry  paupers 

to  lit  Decc  nber,  1809,  6428      a 

Bodon  Board  of  Health,  for  boarding,  nurfing  and 
do£loring  fundry  paupers  on  Kainsford  Ifland,  to 
20th  January,  1810,  308  y^ 

Brimfield,  fjr  boarding,  clothing  and  doctoring 
John  Blakely,  to  the  time  of  his  death  and  funeral 
charges,  87  ^y 

Blanford.  for  boarding  and  clothing  Samuel  Walker, 

to  ill  May,  1810,  41   20 

Bradford, Samuel,  ICeeperofthe  Gaol  in  Boflon,  for 
fupporting  poor  debtors  in  Gaol  to  23d  February 
1 8 10,  841 

Colerain,  for  boarding,  clothing  and  doftoring  Sally 
Leomineer,  Polly  Gardi.ier's  two  children,  and 
doctoring  two  children  of  He:.ry  Rogers  to  4th 
January,  1 8 lo,  138   51 

Carlifle,  for  bo^r  ling,  clothing  and  dodoring  Robert 

Barber,  to  zoth  Ja:iuary,  1810,  49   80 

Cambridge,  for  board,  clothing  and  do6loring  John 
Wilkens,  James  Barker,  and  James  Morfe  and 
wife,  to  27th  January,  1810  and  Knoch  H^.rbcrt, 
Amos  Flint,  j.)nathan  Greely,  Benjamin  Howard 
Reuben  Whitti.r,  and  Foller  remple,  to  the  time 
they  were  difcharged  from  jail,  249  57 

Cape  Klizabeth,  for  bo.irding  and  clothing  Abrani 
Birks,  and  James  Ramlbottom  to  i3ih  January, 
181C,  90  75 

Chelmsford,  for  boar^^ing,  clothing   and  doctoring 

Cathrinc  Mc.  Clenny  to  ifl  January,  18 10,  72  6a 

Charleton,    for    boarding,    clothing    and   doaoring 

James  Maddan  10  ift  January,  1810,  41 

M-nm 


4^2  RESOLVr:s,  March  8,    iSio. 

Chefter,  for  fupplles  to  Eiias   Leonard    to  24th  Sep- 
tember, 1.S09,  ^5  9^ 
Charledou,  forboarcirnj^  and  clothing  fundry  paupers 

to  2  ill:  January,  18  JO,  35662 

Chefliire,  for  boarding  and  clothing   and    dodorinir 
/idoijljab  VVebfter,  to  the  time  of  death  and  funer- 
al char;:^es  53  73 
Del:!ois,  George,  keeper  of  the  alms  houfe  in  Bofton, 

to  ill  December,  18.9,  418    16 

Deerfield,  for  fupplies  to    George  Roberts,    to    23d 

January,  1810,  J4    17 

DunltabL',  tor  boarding  and  clothing  and  dodloring 

Margarerte  Lane  to  2   th  January,  tSio,  40    16 

Dcdham,  lor  boarding,  clothin^;  and  doclorlng  Elea- 
nor Carrol,    I'eter  Lager,  and    Anna  Angel,    to 
I  ft  J-nuary,  1810,  74 

Dracut,  for  boardin,^,  clothing  and  do<5loring  Lucy 
Jaquith  r.nd  Uichau!  Baker,  to  the  ift  February, 
i8io,  and  Nancy  Hale  to  me  time  of  her  going 
to  IMethuen,  156   23 

Dog,;;et,  Samuel,  under  keeper  of  the  ^aol    in  Ded- 
ham,  for   boarding  and   clothing  James  Hatchel, 
and  Squire  Brift  ;1  to  3d  February,  1810,  146    12 

Danvers,  for  boarding  and  cl>ihing  Mary  Duckin- 
field,  Jane  Duckedy,  Ruth  Parfons,  Suky  Hons- 
by,  Eaward  Furlong,  George  Campbell,  James 
Lewis  and  James  Leo,  to  5th    February,  1  8  1  o,  272   95 

Douglas,  for  boarding,  clotliing  and  docb^ring  Betty 
1  riffle,  to  16th  February,  18  10,  and  A  ma  Peters 
to  the  time  of  fending  lier  our  of  the  ftate,  73   9^ 

Dorchefler,  for  boardinij,  clothing  and  docloring 
John  llairifon,  and  Lydia  Wyman's  child  to  3d 
February,  1810,  and  Lydia  Wyman,  to  the  time 
of  h.er  death,  including  funeral  charges,  124   91 

Ealtport,  for  boarding,  clothing  and  docloring  Ed- 
ward  Moratta,  to  i.^ie  time  of  his  death,   and  Lie- 
van  Harris,  to  his  removal  to  Bolton,  241   02 
£afthampton,  for  boarding  and  cloihing  John    Hall, 

to  14th  February,  18 10,  38  08 

F.gremont,  for  boarding,  clothing  and  docloring  Ma- 
ry, Elizabeth,  Jofeph  and  Benjamin  Daley  to  7th 
Jarioary,.  1810,  314  62 

Eaiton,  .tor  fupporting  Edward  Johnfon  to  31ft  Jan- 
uary, i8iOj  10   19 


RESOLVES  March  8,  1810.  46^ 

Falmouth,  in  the  county  of  Barnftable,  for  boarding 
and  clothing  r.dward  Edwards  to  19th  January, 
i8io,  26 

Fryburg^,  for  boarding,  clothinsf,  nurfing  and  doclor- 
ing  Philip  Corben  to  the  time  of  his  death  and 
funeral  charges,  103   57 

Fayette,  for  boaruino^  and  clothing  William  G.  Mar- 
tin to  I't  January,  1810,  ^3   Z7 

Greenfield,  for  b  warding,  clothing  and  dodorincr 
Eunice  Converfe  and  iNabby  Leomineer  to  7  2d 
January,  18  10,  and  John  H.  Lefolt  to  ihe  time  of 
his  death  and  funeral  char:;es,  1^5  99 

Gill,  for  boarding,  clotning  and  doftnring  Sarah 
Hatnbkton  and  bamuel  Lyons  and  Wife  to  25th 
January,  180.  100  19 

Grai'by,  for  boarding,  clothing  and  dodoring  John 
Murry  to  the  time  of  his  d-ath  and  funeral  char- 
ges, and  Ebenezer  Darwin  to  2gth  January,  '810,       85   65 

Greenwich,  for  hoarding,  clothinii  and  dodoring 
John  Howard,  John  Bailey  and  Wife,  Elizabeth 
Harrington   and  Wilham   Rice  to   zid  January, 

l8iO, 

Gioucefter,  for  boarding,  clothing  and  dodoring 
fundry  Paupers  to  10th  November,  i8og, 

Granville,  for  boarding  and  clothini?  George  Tay- 
lor and  Archibald  Stewart,  to  tft  Jannury,  1810, 

Groton,  for  hoarding,  clothing  and  doctoring  J  hn 
C.Wright  and  Wife,  widow  Bentrodt,  and  Wil- 
liam Lepore  and  Wife  t  »  i  ;th  January,  180, 

Gorham,  for  boarding  and  clothing  Robert  Gilfal- 
ling  to  I  ft  Febru^try,  18  lO, 

Great  Barrington,  for  boarding  and  clothing  Ifaac, 
Catharine  and  Mary  Hoofe,  John  Wittie  aud 
Cdarifa  Lindfay  to  26th   December,  1  809,  286  73 

Hodgkins  Jv^feph,  keeper  of  the  Houfe  of  Corredion 
in  Ipfwich,  for  boarding  and  clothing  fundry  Pau- 
pers to  January  31,  1810,  249  52 

Hution  John,  Underkeep-r  of  the  gaol  in  Salem,  for 
boarding  fundry  poor  perfons,  conMned  in  gaol 
for  debt  to  ift  January,  1810,  394  93 

Hiram,  Diftrid  of,  for  boarding,  clothing  and  doc* 

toring  Daniel  Hickty  to  22d  January,  iSrc,  59   to 

Halioweil,  for  boarding,  clothing  and  dodoring  Ra- 


icS 

62 

1008 

50 

83 

29 

355 

64 

65 

46^4  RESOLVES,  March    8,   18 ig. 

chel  Comincjs,  Lois  and  Almira  Powers,  James 
Carruth,  \vi<io\v  Brown  and  child,  widow  Davis 
and  children  to  ilt  January,  i8io,  and  Stephen 
Hinckley  and  David  Brown  to  the  time  of  their 
dcarh  and  funeral  charges,  730  76 

Hingham,    for    boaiding,    clothing    and    dodoring 
i  eor^^e.  a  black    man,  and    Jczra  Crotts,  to    ift 
Februiiry    1810,    and    Solomon    Wilton,   to    the 
time  of  his  leaving  the  ftate,  153  28 

Hamilton,  foi  boarding  and  clothing  and  dodoring 

Molly  Moncrief,  to  5th  April,  iHaj,  65 

Hi.ncock,  for  boarding,  clothing  and  nurfing  Re- 
becca Ofborn,  to  loth  February,  1810,  167   56; 

Haverhill,  for  boarding,  clothing  and  doOoring 
William  1  apley,  and  Henry  ^poilit,  to  ill:  Janua- 
ry, icSio,  _  97   25 

Hadley,  for  boarding,  clothing  and  docloring  Fry- 
day  and  Wife,  and  William  Potter,  to  ift  Jai  ua- 
ry,  1810,  and  George  Andrews,  and  Marfena 
Potter,  to  the  time  of  their  death  and  funeral 
charges,  24 1     3 

Ipfwich,  for  bonrding,  clothing  and  dodoring  fun- 
dry  paupers  to  1  fl:  February,  1810,  282   70 

Kittery,  for  boarding,  clothing  and  nurfing  Sarah 
Perkins,  and  Deborah  Perkins,  and  child  to  iff 
January,  1810,  150 

Limington,  for  boarding  and  clothing  John  Orian, 

to  lit  January,  iNio,  67   60 

Lincolnville    ior    boarding   and    clothing   Timothy 

Cox, and  Alexander W^hite, to  i2thjanuary,  1810,      101   42. 

Lunenburg,  for  boardin;;  and  clothing   Felix    'lool, 

to  25th  January,  1810,  59    13^ 

Leyden,  for  boarding,  clothing  and  doOoring  Jedi- 
diah  Fuller,  and  wife,  Ruth,  r\bel  and  Fhzabeih 
Waggoner,  to  I  ^th  January,  1810,  93   ^^■ 

Leicefler.  for  boarding  and  clothing  Lydia  Dunham, 

to  lit  Fcbru.'.ry,  1810,  44  67 

Lincoln,  for  lupporting   and  doctoring    Hugh   Mc. 

Phtrfon,  to  i^th  January,  1810,  66 

Littleton,  ior  bc'aruing,  clothing  and  co(5lcrirg  Jc  hn 
Putnam,  and  Richard  Ciouch,  to  iiih  lebruary, 
18 lO,  191   90 

L^nojc,  for  boarding,  clothing  and  dodoring  Abra- 


RESOLVES,  March  8,   1810.  46J. 

ham  Pahner,   and    child,    Simeon   Hanchet,  and 
William  H.  Clark,  to  20th  January,    1810  206  54 

Lancalter,  for  boarding  and  clothing  William  Sher- 

er,  to  4th  April,  1809,  81   64 

Lincoln,  for   boarding    and   clothing  Ihomas    Po- 

cock,  to  I  ft  February,  1810,  94  60 

Lynn,  for  boarding,  clothing  and  doftoring  John 
Battes,  Nancy  Carter  and  child,  Richard  Neil, 
Peter  Oulfon,  and  Jofiah  Miller  and  wife,  to  8th 
February,  18 10,  301    36 

Methu 'n,  for  lupporting  Thomas  Pace,  to  ift  Jan- 
uary, 1810,  _  ^75  3^ 

Monmouth,  for  boarding  and  clothing  Jofeph  Rich- 
ards, his  wife  and  child,  to  the  time  of  their  leav- 
in>i:  this  ftate,  63 

Marlhfield,  for   boarding  and  clothing  Phillis  Mit- 

chei,  to  15th  May,  1809,  44  24 

Marblehead,  for  boarding,  clothing    and   do£loring 

fundry  paupers  to  6th  February,  j8io,  744  85 

Marlborough,  for  boarding,  clothing  and  dodtoring 
Jofeph  Waters,  to  7th  February,  1810,  and 
Ihomas  Welfh,  to  the  time  of  going  away,  y^^   20 

Manchelter,   for    board,     clothing    and    dodoring 

Ihomas  Douglas,  to  2d  February,  1810,  75  5^ 

Milton,  for  board,  cloth  ng  and  dodoring  Thomas 
Webfter,  Rebecca  WeKh  and  two  children  to  23d 
February,  iSio,  and  John  Merry  to  the  time  of 
his  death  and  funeral  charges,  143    18 

North  Yarmouth,  for  board  and  clothing  William 
El  well,  and  William  Campbell,  to  ill  January, 
1810,  127     6 

Nanfucket,  for  board  and  clothing  John  Bell,  John 
Baily,  Elenor  Jones  and  James  Plato  to  ift  Jan- 
uary, 1810,  and  Alexander  Chaine  to  the  time  of 
his  death  and  funeral  charges,  139  49 

Northfiekt,   for    boarding,  clothing    and    dodoring 

Richard  Kingfbury,  to  26th  January,  1810,  89  85 

Newbury,  for  boarding,  clothing  and  dodoring  fun- 
dry  paupers  to  ift  January  18  10,  *39'^  5^ 

Newburyport,  for  boardmg,  clothing  and  dodoring 

fu  dry  paupers  to  ilt  January,  1810,  J725   26 

Newbedford,  for  boarding  and  clothing  Martin 
Jofeph  and  Gonolent,  to  29th  December,  1809, 
and  John  Gordon  to  the  time  of  leaving  the  ftate,      45  90 


466  RESOLVES,  March   8,   1810. 

Northampton,  for  boarding  and  clotliin^  Caroline 
Robbins,  and  child,  James  Barry,  William  WtKh, 
Lemuel  Culver,  and  family,  Elizabeth  I  avis,  and 
Samuel  Dodge  to  February  ift,  1810,  and  Wanlcm 
Parker,  Charle-  Butler,  Peter  Jackfon  and  Joel 
Bartlet,  poor  prifonersin  gaol  for  debt  to  the  time 
of  their  going  away,  320   87 

Kew  Gloucefter,  fo)  boarding  and  clothing  Jofeph 
Gregory,  and  John  May,  to  iiih  Fcbruaiy, 
1810,  102    80 

Oxford,  for  boarding  and  clothing  Catharine  Jordan, 

to  lit  J.^nuary,  1810,  62   34 

Cverfeers  oi  Marfhpee  Indians,  for  boarding  and 
clothintj  Liizabeih  Ifyacs  and  C^uafli  Bulkin  to 
6th  February,  18 10,  and  boardii-j^f,  clothing  aiid 
dc^doring  Ihomas  Caefar,  to  27th  Febru  ry,  1810,     145  95 

Peru,  tor  fupportiVg  James  Koboins,  and   family  to 

i5tli  January,  18  10,  71    12 

Palmer,  for  boarding,  clothing  and  do61oing  Will- 
iam  Mendcm  and   wile  to  5th  Jaiiuar\,  i8io,  139  95 

Portland,  for  boardinj<,  clothing  and  doctoring  lun- 

dry  paupers  to  ill  January,  i3io,  ^3^3   ^3 

Pitt -field,  lor  boarding,  c'othing  and  rurfing  Peter 
Jle«Mi,  to  8ih  February,  i8io,  and  Jonathc^n  c>pear 
to  ifl  February,  18 10  126  67 

Q^iincy,  for  boarding,  clothing  and  do^lrring  the 
vifc  and  childien  cf  Dennis  Bulkky,  to  the  time 
of  leaving  the  btate,  and  Wiliiam  Oliphant  to  6th 
February,  i8io,  170  46 

Kowe,  for  bc-arding,   clothing  and    doOcring  Azu- 

bah  Porter  to  14th  F'ebruary,    '810,  3^   65 

Reading,  lor  boarding,  clothfDg  and  dodoiing  Sam- 
uel Bancroft  and  1  homas  Grant  to  23th  January, 
i8iO,  and  t>amuel  Kobinfon  to  the  liuie  of  his 
death  and  funeral  charges,  323   7 

Rutland,  for  boarding,  clothing  and  dcdloiing  Wil- 
liam Henderfon,  Bolwell  Ferrer,  a  child,  and 
John  C'owling  to  2Gth  January.  1810,  144  48 

lu  wley,  for  boarding,  cioihing    and  clvtloring  File 

C  oliins  tt)  ili  January,  1810,  C^  89 

Roxbury,  for  boarding,  clothing  and  doclrring  luu- 

dry    I'aupers  to  3d  January,  1810,  ^^Ul   46 

Rehoboth,  tor  boarding  and  clothing  LlizabethCrof- 


RESOLVES,  March  8,   1810.  46^ 

.  by  and  Lief  Mafon  and  child   to   30th   January, 
180,  156  50 

Slant^ini,  for  boarding  and  clothing  AJlice  Noble  to 

I  ft  January,  1810,  58   82 

Sandisficld,  for  boardinc;,  clothin'T  and  do£toring 
Kichard  Dickfon,  wile  and  children,  and  Lliza 
Dandoo  to  8th  January,  1810,  99   88 

Stockbridge,  f)r  boar.l  and  clothing  Mercy  Dond, 
Sarah  Rosford,  Jeremy  Llky  and  Seely  Peet,  to 
5th  December,    i  809,  208   75 

So  nerfet,  for  board,  clothin^^  and  dodoring  Wil- 
liam Eliot  to  id  January,  1810,  98  05 

Sidney,  for  board,  clothing  and   dodloring  John  and 

Henry  Lyons  to  ift  January,    1810,  57  3^ 

South  liadley,    for   funporting  and  dodoring  Peter 

Pendergrafs  to  6th  January,    1810,  69  48 

Stoneham,  for  fupporting  and  doftoring  John  H. 
C'lamrod  to  the  time  of  his  death  and  funeral 
charges,  42  5S 

Springfield,    for  boarding  and  clothing  John  Padley 

to  26th  January    18 10,  55  ^^ 

Southwick,  for  board,  clothing  and  doctorhigGeorge 

Heed  to  ift  January,  18  10,  ^7   ^3 

Sherburne,  for  board,  clotlung  and  doctoring  Ben- 
jamin Houghton  to  ZQth  January,  18  ro,  58  44 

Sheffield,  for  board,  clothing  and  do£):oring  Wil- 
liam Mj.  Gee,  and  Guy,  a  negro,  to  ift  January, 
1810,  Jack  Brown  to  the  lime  of  leaving  the 
town,  and  Henry  Pond  to  the  time  of  his  death 
and  funeral  charges,  139  2© 

Salem,  for  boarding,  clothing  and  do6loring  fun- 
dry  Paupers  to  ift  January,   i<Sio,  1421    21 

Swanfey,  for  board  and  clothing  iliomas  Conally  to 

26th  January,  1810,  (;o   22 

Shirley,  for  fiipplies  to  Roderick  Mo.  Kinfey  and 
wife,  Simeon  Cox  and  James  Mills  to  29th  Jan- 
uary,  18  >o,  135   18 

Sturbridge,  for  fupporting  James  Banton  to  24th  Jan- 
uary, 1810,  42  41 

Shrewlbury,  for  boarding,  clothing  and  doftoring 
Sally  Taylor  and  two  children  to    19th  February, 


10.0. 


Sudbury,    for    boarding,    clothing    and    dodoring 


58  07 


4&8  RF.SOLVES  March  8,  1810. 

John  Wei^hton  to  12th  February,  1810,  73  24 

Sharon,  for  boardirg  and  doctoring  John  Fouchard 

to  the  13th  of  May,  1809,  71   00 

Taunton,  for  boarding;  and  clothing  Henry  Afh, 
Kdmund  .shores,  Manuel,  Difnors  and  Hannah 
Goff  to  27th  January,  1810,  and  John  bhores, 
to  24th  February,  1809  285  04 

Topsfield,  for  fupporting  Fhomas  Comerford  to  the 

time  of  going  to  Beverly,  46  00 

Tyringham,   for    boarding  and  clothing  for  Raloh 

Wey  to  ifl  January,  1810,  60  92 

Troy,  for  boarding  and  clothing  Francis   Brown  to 

2  1  ft  February,  1810,  101   co 

Tilbury,  for  board,  clothinq;  and  docloring  Jofeph 
Alvarez  to  the  time  of  removing  him  out  of  the 
commonwealth,  197    03 

Uxbridge,  for  board,  clothing  and  dodloring  Da- 
vid Mitchell  and  Benjamin  CantiiF  to  ifl:  P'ebru- 
Tuary,  18  10,  and  Patience  Hazard  to  the  time  of 
her  going  out  of  the  State,  90  08 

Vaflalborough,  for  boarding,  clothing  and  nurfing 
James  Lefler  and  Abigail  Fairbrother  to  20th 
January,  1810,  94  88 

Wayne,  for  boarding,  clothing  and  dodoring  Sally 

Allard  to  22d  January,  1810,  62     4 

Wells,  for   expenc^^  of  taki  g   up  and  burving  the 

body  of  a  hwede,  drowned  in  January   18..8,  6  24 

Warwick,   for  boarding  and  clothing   Samuel  Grif- 

feth,  to  2;,d  January,  -808,  54  8 

Winthrop,  for  bo^irding,  clothing,  nurfing  and 
dodlorinc:,  (Mive  Howard  to  15th  January,  1810, 
and  William  Gafkell  to  3d   January,  1810,  120     6 

Weft  Stockbridge,  for  boarding  and  clothing  Lucy 

Lane  to  ift  January,  j8io,  56  80 

Waldoborouih,  for  boarding,  clothing  and  doctor- 
ing James  Collins  to  the  time  of  his  death  includ- 
ing funeral  charges,  72  00 

Walpole,  for  boardino;,  clothing  and  do£toring 
Sally  Davis  to  the  ti'ne  of  her  death  and  funeral 
charges,  and  Robert  Clew  to  ift  January, 
1 8 10,  _  _  135  ys 

Williamftown,  for  boarding,  clothing  and  doctor- 
ing Stephen  Blew,  Rachel  Galulha,   Charles  Mc. 


kESOLVES,  March  5,   1810. 


469 


Carthy  andRobert  Morrell  to  •23d  January,  1810,       194  5 

Windfor,    for  boarding  and    clothing  ?lenry  oiiiith 

and  wife  to  9th  January,  1810,  5^  61 

Wellfield,  for  fupporting  and  dodoring  Ellas  Leon- 
ard to  25th  Ap  il,  1809,  39  67 

Warren,  for  fupporting    William   Moorman  to  4th 

January,  18 10,  52  00 

Woburn,  for  boarding  an  i  clothing  John  and  Wil- 
liam Lynham  to  1  2ih  February,  18 10,  80  00 

Worcefter,  for  boardin^,  clothing  and  doctoring  Pe- 
ter Willird,  Henry  Bratz,  ^ally  Vielvin  and  A- 
braham  Fairfield  to  1  It  Januaty,  1810,  and  Jack. 
Melvin  to  the  time  of  his  death  and  funeral  char- 
geS)  196  74 

Weft  Springfield,  for  board,  clothintj^  and  doftoring 
William  Bell  and  James  .ildrich  to  21ft  January, 
18 10,  ^  95  34 

Waihington,  for  board  and   clothing  Phebe  Clark 

to  2d  Febrtiary,  18 10,  41   8 

tVeftford,  for  board,  clothing  and  dodoritig  Phil- 
lip Jackfon  and  Chriftopher  Shepard  to  22d 
February,  i8io,  loi  40 

Yarmouth,  for  fupporting  James  Deagle  to  time  of 
leaving  the  State,  3^   97 

York,  for  boarding,  clothing  and  dodoring   fundry 

paupers  to  8th  February,  1810,  734  98 


Total  Paupers, 


33547  77 


Military    Accounts. 
Courts  Martial  and  Courts  of  Inquiry, 

fllapp,  Jeremiah,  for  the  expence  of  a  Court  Martial 
held  at  Charlefton  in  Februiry,  and  March,  1809, 
for  the  trial  of  Capt.  Melzar  Holmes,  Col.  Jofeph 
Whitman,  prefident, 

Clapp,  Jeremiah,  for  the  expence  of  a  Court  of  In- 
quiry held  at  Woburn.  Qth  July,  1809,  Major 
Jonathan  Lock,  Prefident, 

Howard,  amuel,  for  the  expence  of  a  Coart  of  In- 
Nnn 


ZS^  19 


n  17 


47© 


RKSOU^E-  March  8.   i8ic. 


quiry  held  in  July,  1809,  Major  Samuel  Coney, 
PrtTident, 

Howard,  Samuel,  for  the  exp  nee  of  a  Court  of  In- 
quiry held  in  lU'^ult,  and  September  1809,  Col. 
I  hoinas  Phillebrown,  Prefident, 

Hammat,  Wiliia  n,  for  the  e^pence  of  a  C^urt  of  In- 

,  quiiy  held  in  March,  1808,  B.  Gen.  Fearing,  Pre- 
fident, 

Ha.amat,  Wlllia"),  for  the  expenceofa  Court  of  In- 
quiry held  in  May,  1809,  Major  Caleb  Howard, 
Prefident, 

Hammat,  William,  for  the  exnenfe  of  a  Court  of  In- 
quiry held  in  June,  1809,  Major  Caleb  Howard, 
Prefident, 

Kettell,  J  mathan,  for  the  expence  of  a  Court  of  In- 
quiry held  on  the  2  th  and  26th  July,  1809,  Ma- 
jor John  Tedder,  Prefident, 

Bdfs,  Ceor^e,  as  Brigade  Major  P.  T  for  th:"  ex- 
pence  of  a  Court  Inquiry  held  in  Boilon  26Lh  Oc- 

^    tober,  1809,  Major  Jofeph  I  ilden,  Prefident, 

Brigade  Majors  and  Aids-de-Camp. 

Ayrs,  James,  to  10th  February,  1810, 
Baltovv,  >umner,  to  i'\  December,  1809, 
Bates,  Llhanah,  to  February,  1  8  •  o, 
Biilh,  Jiifeph,  Jun.  to  26th  December,  1809, 
Cuitis,  Jared,  to  24th  January,  1810, 
Clapp,  Jeremiah,  to  iith  February,  1810, 
Fifher,  Jacob,  to  i  ith  February,  1810, 
Fairbank,  John,  to  February,  i8ic>, 
Goddard,  William,  to  iff  January,  i8ro, 
Gamwell,  ISamuel,  to  27th  Jmuary,  i8io, 
Goodwin,  icabod,  to  iftjimuary,  1810, 
Hoyt,  t.paphras,  to.  January,  1810, 
H  lyward,  Nathan,  to  January,  1810, 
Hayes,  W.  'amuel,  to  6th  Odober,  1809, 
H^tmlin,  Hannibal,  to  January,  1810, 
Howard,  Samuel,  lor    his  iervices    in  the   firft  and 
fecond  Brigade,  eig'uh  Divifion,  to  January,  1810, 
Ho\v,,  bfles,  to  Jaiiuary,  1810, 
Flight,  William,  to  ift  January,  1810, 
Ketteil,  Jonathan,  to  13th  February,  1810, 


60 

3^ 

14 

5 

36 

41 

19 

23 

25 

52 

1 1 

81 

3» 

76 

72 

86 

47 
59 
43 
»3 

7» 
83 

18 

^o^ 

40 

36 

34 

20 

107 

'5 

1 1 

50 

34 

70 

5» 

92 

45 
68 

15 

23 

128 

57 

252 

61 

4 

60 

9S 

65 

33 

26 

R"F:S0LVES,  March  8,  1810.  471 

Lovejoy,  P.  John,  to  i  :th  February,  18 10, 

Mattoon,  D.  Noah,to3oth  January,  i8io. 

Prince,  Jo  \n,  to  til  July,    809, 

Rufs,  John,  to  ift  January,  1810, 

'J  hayer,  Vl.  Samuel,  to  23d  February,  18  lO, 

Wheeler,  ><ob-jri,  to  January,  i8»o. 

Whiting,  Timothy,  to  2 1  (I  J  :nuary,  1 8 10, 

^djutaftts. 

Ames,  PHney,  to  24th  January,  1 8 1  o. 

Backus,  Ze  as,  to  .jfh  January,     (810, 

B  ien,  O.  Jeremiah,  to  1  tt  December,  1809, 

B  icklin,  Jofeph,  to  ift  January,  1810, 

Be<ifon,  John, to  id  January,  18 <o. 

Beak,  John,  to  i6th  February,  1810, 

B'tes,    iaac,  to  4th  December,  1809, 

Burr,     botrr,  Jun.  to  1 4th  September,  1809, 

Bais   George,  to  2ili  February,  i8ic, 

Cornell,  Phillip,  ro  30th  January,  1810, 

Chandler.  Befijamin,  to  ^ift  November,  1809, 

Clurtis,  Jcfeph,  to  14th  Ja'.uary,  i8!o, 

Cufhman.  James,  to  lil  January,  iSio, 

Clark,  J  feph,  to  16th  January,  18(0, 

Cheever,      athaniel,  to  6th  February,  1810, 

Crjin,  Nathan,  Jun.  to  23d  January,  iBio, 

Donnifon,  Witlian,   idjutant  General,  in  full  for  bis 

fer vices  for  1 809, 
Dickenfo.'!,  Frederick,  to  ift  February,  1810, 
Froft,  Timothy,  to  2  til  Uccember,  1809, 
Fiik,  Fzra,  to  16th  January,  1810, 
Feftyplace,  Thomas,  to  2Qth  February,    810, 
Fletcher,  Samuel,  to  20th  January,  i8iO, 
•Foot,  Elilha,  to  20th  September,  1809, 
Gitchel,  tphraim,  to  2 ill  December,  1809, 
Ha.jjgim,  Benjamin,  to  2«;th  January,  tSio, 
Holmes,  Bartlet,  to  15th  February,  1810, 
Hayden,  ^^amuel,  to  the  21U  June,  1809, 
Hinman,  Ranfon,  to  ill  September,  189, 
Hayden,  Charles,  to  8th  September,  2809, 
Jones,    .mo8,  tt)  i8lh  January,  1810, 
Jaques,  Samuel,  Jun.  to  17th  February,  18 10 
Jewett,  Jeffe,  to  28th  January,  i^io. 


lO 

50 

7 

5? 

53 

3» 

53 

108 

7S 

40 

5 

«oj 

25 

20 

27 

S7 

4t 

3J 

3* 

2^ 

94 

88 

7 

S3 

iB 

21 

75 

l4r 

45 

'97 

^7 

49 

5 

i8 

7<5 

ID 

7S 

18 

77 

80 

78 

48 

77 

12 

77 

1000 

3* 

^3 

22 

5« 

5^ 

•5 

6 

50 

16 

6 

1 1 

i3 

96 

25 

19 

62 

'3 

98 

12 

43 

»9 

19 

10 

88 

8 

64 

12» 

■^Q 

2-0 

y« 

47%  RESOLVEvS,  March   8,   1810. 

Kellogg,  Giles,  to  28th  January,  1810, 
Kettell,  Jonathan,  to  1  ith  June,  1809, 
Lane,  Daniel,  to  20th  January,  18 10, 
Lyn;an,  Lewis,  to  ift  January,  i8(o, 
JVIarfton,  Jonathan,  to  24th  January,  i8io> 
iyiaxwcU,    -ylvanus,  to  15th  beptember,  180^, 
Munroe,  William,  to  i ft  March,  1809, 
Morgan,  r>aron,  to  3  1  ft  January,  1  tS  10, 
Northam,  i' li,  to  27th  December,  1^09, 
I^iel,  John  G    to  ift  February,  18  jo, 
I^Ve,  John,  to  iSth  January,  1810, 
0Tr,  Hedor,  to  23d  September,  1809^ 
Petk,  George,  to  ift  November.  1809, 
Pa,<ie,  iNathaniel,  tc  i-^rh  February,  1810, 
Parker,  Henry,  to  23d  Februi\ry,  t8iO, 
Pengrte,  bamuel,  to  17th  February,  1810, 
Pope,  Kbenezer,  Jun.  to  ift  February,  1810, 
Ripley,  W.  ^m.s,  to  tft  December,  1808, 
Richardfon,  Wyman   to  3d  Odnber,  1^09, 
Kingman,  >>iji]eon,  to  28th  January,  1810, 
JPage,  Jefle,  to  30th  January,  1810, 
Pope,  Edward,  Jun.  to  5th  Oftober,  1809, 
Starr,  James,  Jun.  to  30;  h  January,  18  lo, 
&j»\vyer,  William,  to  ill  February,  18  io, 
sprout,  James,  to  3d  Febiuary,  1810, 
^tcbbins,   Quail  us,  to  15th  i"  ovember,   1809, 
Stcbbins,  Fe.  us,  to  iift  November,  1809, 
Sltcper,  JVlenaflah,  to  ;:d  beptember,  18^9, 
Smith,  Henry,  to  12th  February,  1810, 
Shaw.  Jofeph,  to  lil  oOober,   1809, 
Stewart,  Jothain,  to  lit  February,  1810, 
Thomas,  B   John,  to    3d  January,  1  810, 
'lucker,  Joieuh,  to  2d  January,   1810, 
"Wiiite,  Jonathan,    to  i6th  January,  1810, 
W'afliburn^,  Ab-el,  Jun.  to  ift  October,  1809, 
Woodman,  Ephraiiia,  to  2cth  beptember,  1809, 
Wefton,  i).  Jonathan,  to  ift  January,  1810, 
Winllow,  John,  Jun  to  20th  February,  i8ic, 
Vvi.ht,  James,  to  3d  January,  1810, 
Wai-i^man  H.  Philo,  to  24th  January,  1810, 
Williams  S.  John,  to  26th  February,  1810, 
Willington,  Charles,  lo  23a  January  j8io, 
'^^ila,  Jonathan,  to  7th  February,  1810, 


4948 

14 

75 

6 

44 

2g 

68 

5' 

41 

25 

89 

26 

5 

18 

15 

35 

18 

4 

5 

'7 

33 

23 

1 1 

69 

j8 

58^ 

32 

42 

75 

8 

85 

3-8 

79 

28 

84 

10 

50 

58 

17 

21 

23 

M 

15 

43 

33 

37 

69 

40 

39 

17 

50 

33 

26 

5 

25 

16 

i« 

26 

64 

62 

94 

7 

50 

23 

26 

19 

51 

16 

95 

37 

24 

57 

J4 

40 

6c 

5 

no 

82 

34 

84 

RESOLTES   March  8,  i8i®.  473 

Wade,  Samuel,  to  22d  February,  1810,  8-  27 

Expences  for  Horfes  to  haul  Artilkry, 

Blanchard,  Joihua,  to  12th  Odober,  iiio9,  8     o 


o 


o 


Carlille,  Janes,  ro  i6th  January,  1810,  7 

Chapman,  I,.evl,  to  6rh  February,  1810,  5. 

Cobb,  Davfd,  to  ill  January,  1810,  30 

Davis,  William,  to    ft  November,   1809,  4 

Eaton,  Jouas,  to  ^ift  September,  1809,  3 

Hartfhorn,  Jcflee,  to  15th  January,  1810,  5 

Hammon,  WiUiam,  to  jlU  January,  1810,  75® 

JHarrris,  Eliiha,  to  6th  Oftc^er,   1809,  4  1^ 

Hammon,  C,  to  ift  November,  1809,  5 

Harris,  William,  to  i ft  January,  1810,  10 

Jenkins,  Wefton,  to  i ft  January,  1810,  15 

Lewis,  James,  to  30th  January,  1810,  6 

Little,  Otis,  to  ift  January,     810,  5 

Makepeace,  William,  to  24th  January,  18 10,  5 

Newhell,  Aaron,  to  ift  February,  1810,  10 

Page,  William  H.  to  2 ift  January,  X 8 10,  10 

Phelps,  Saro_uel  W.  to  29th  January,   1810,  10 

Piummer,    'ddilon,  to  23d  January,   1810,  8 

Ruflell,  John,  to  12th  Februiry,   18 lo,  1  S'^ 

Sawyer,  George,  to  5th  Odober,  1809,  6 

Smith,  George  S.  to  2d  January,  1810,  10 

Stafford,   J  benezer,  to  29th  December,  1809,  6 

Uhomas,  Andrew,  to  iith  Odober,  1809,  7  50 

Wheeler,  bainuel,  to  22d  January,  1810,  10 

Wells,  Martin,  to  25th  Odober,  1809,  10 

Wales,  Stephen,  to  14th  Odober,  1809,  6  ik^ 

Total  Military,        5939  31 

Sheriff's  and  Coroner's  Accounts. 

Chandler,  John,  ftitriff  of  Kennebeck  county,  for  re- 
.  turning  votes  for    Governour,  Lieut.  Governour 

and  Senators  for  1809,  14  40 

Cutler,  Benjamin,  for  returning:  votes  for  Govern- 
our, Lieut.  Governour  and  Senators  for  1809,  88 

l)ane,  William,  coroner,  for  expenfe  of  taking  in. 


o 


474 


RESOLVES,  March   8,  iSro. 


quifition  on  the  dead  body  of  a  ftranger  at  GIou- 

celler,  2d  Oftober,  1809,  6  20 

FoKom  W  John,  foi  expenfe  of  taking  inquifition 
on  the  bodies  of  William  Jones,  Lewis  iVjarfhall 
and  another,  name  unknoun,  foreigners,  to  23d 
February,  1810,  72    18 

Hardy,  Peter,  coroner,  for  expenfe  of  taking  inqui- 
fition of  the  body  of  Lazarus,  a  foreigner,  at  Ifle 
of  H ant,  (9th  November,  1808,  49  ^i 

Leonard,  Horatio,  (heriff  of  Biiftol  county,  fbr  re- 
turning votes  for  Governour,  Lieut.  Governour 
and  Stuat  rs  for  i8<.9,  i  i   2© 

Leonard.  Zephaniah,  iaie  fherifF,  for  retu'^ning  votes 
for  Governour,  Lieut.  Governour  and  Senators 
for  1808,  3  2# 

Li'hgcw,  i^rthur,  bte  (herifFof  Kennebeck  county, 
for  returning  votes  tor  G»  verm^ur,  Lieur.  Gov- 
ernour and  senators  for  1807,  omitted  in  former 
Roll,  16 

Pomroy,  William,  coroner,  for  expenfe  of  taking 
ihquifition  on  the  body  of  Jofiah  Kois,  a  foreign- 
er, on  4th  September,  1809,  26  gS 

W^mart,  liaiah,  coroner,  for  expenfe  of  taking  in- 
quiliiion  and  burial  of  the  bodies  of  two  perions 
unknown,  5th  July,  1808,  31    18 

Wi'ite,  ^athan,  coroner,  for  expenfes  of  faking  in- 
quifitions  ort  the  bodies  of  two  perions,  llrangers, 
the  11th  and  2jd  iTiuguft,  1809,  25  30 

Total  Sheriff's  and  Coroner's  Accounts,  257       i 


Printer's   Accounts. 


Allen,  Phineas,  for  publifhing   acts   and  refolves  to 

13th  February,   1810,  16  6/ 

Adams  &i  Rhoades,  for  publifhing  refolve  rel'peding 
Norridgewock  votes  and  ads  regulaimg  towns  to 
25th  December,  1809,  lO 

Allen,  E.  W.  for  publiihing  ads  and  refolves  to   ifl 

Au^uft,  1800,  16  6y 

Allen,  Brown  William,  for  publifhing  ads  and  re- 
folves to  July,   1809,  i6  67 


i6 

67 

16 

67 

'5 

32 

28 

32 

16 

67 

i6 

67 

RESOLVES,  March  8,    iSro.  475 

Cufliin?^,  C.  Thomas,  for  publifhing  a6ts  and  refolves 
to  June,    1809, 

Dickman,  I  homas,  for  publishing  acts  and  refolves 
to  2  5rh   January,  1810, 

Edt s,  Peter, tor  printing  documents  refpedling  treaf- 
urer  skinner — acts  and  refolves  relpecling  Nor- 
ridi.';ewock  vores  to  ifi  January,  1810, 

Parks,  Benjamin,  for  newfpapers  tor  council  cham- 
ber to  Jutie,  1808, 

Riiflell,  Benjamin,  for  newfpapers  for  council  cham- 
ber to  1  ith  June,  1808, 

Ruflell  k  Cutler  for  newfpapers  for  General  Court 
to  a5th  May,    1808, 

Shirley,  Arthur,  for  publifhing  acts  and  refolves  to 
I  (I  January,  18 10, 

Strong,  Titus,  for  pubUfliing  ads  and  refolves  to 
January  ift,  18 10. 

Weeks  &  McKown  for  pub'iftiing  report  and  docu- 
ments refpeding  late  treafurer  bkinner's  accounts,        12  50 

Young  &  Minns  tor  printing;  for  fecretary*s  and  treaf- 
urer's  offices,  and  the  General  Court,  executed 
by  Ruffel  &  Cutler  and  J.  &  A.  W.  Park,  to  2d 
March,  i8io,  1629  20 

Total  Printers,         1875  39 


Miscellaneous  Accounts. 

Blaney,   Henry,  for   fundries  repairs  for  the  (late 

houfe  to   2 2d    January,  18  10,  ^9  39 

Boyle,  John,  for  Stationary  for    -Adjutant  General's 

*  )ffice  to  the  2d  December,  1809,  146   25 

Bridge,  Matchew,  John  Wells,  Benjamin  Weld, 
Jofeph  Head  and  David  Oevens,  Committee  for 
examination  and  adjuftment  and  fettlement  of 
Treafurer  Dwight's,  accounts  with  the  common- 
wealth to  ift  July,  1809,  70 

Burdit,  W.  Jamci,,  and  C-o  for  fundries  ftationary  for 
General  Court  and  Secretary's  office  to  22d  Feb- 
ruary, «8io,  _  ^^^  98 

JBradley,  bamuel  and  David,  for  fundry  articles  f«r- 


476  RESOLVES,  March  5,  i8io. 

nifhed  for  the   State   Houfe,  to   February,  26tli 

18  lo,  94  -92 

Dur«int,  Williaai,  for  cleaning  windows  and  other 
work  done  in  the  State  Houfe  to  26th  Febftrftry, 
1810,  19     1 

Hill,  '\aron,  for  portage  of  letters  for  Governour 
Adjutant  Oeneral,  Secretary  and  Treafurer  to 
17th  February,  1810,  275  49 

Jackfon,  Jonathan,  James  Lloyd,  Jofeph  Head, 
George  Burrows,  and  Matthew  Bridge,  Com- 
mittee f  »r  lettling  Treafurer  bkinner's  accounts 
with  the  commonweahh,  26© 

Lincoln,  .  .mos,  for  materials  and  work  done  in  the 

Slate  Hou:e  to  27th  February,  1810,  135  46 

Spear,  I  homas,  for  his  ler  vices  in  keeping  the  hof- 
pital  at  Rainsford,  Ifland,  to  14th  February, 
1810,  44  44 

Sewall,  Daniel,  clerk  of  the  Supreme  Judicial  Court, 
for  the  county  of  Yoi  k,  for  dockets  and  record 
books  to  I  ft  I'ebruary,  18*0,  117 

Smith,  I' benczer,  for  expences  of  himfelf  and  others 
attending  the  orders  of  Houfe  of  Weprefeutativ  .s 
on  a  complaint  againft  Benjamin  Baflett,  Kfq.  107  66 

"Wheeler,  J<  fiah,  for  fuiidries,    work   and   materials 

for  State  H^^ufeto  22d  February,  i8io,  67  62 

Lapham,  Sylvanus,  for  alTilting  the  Mefl'enger  to 
the  General  Court  to  6th  March  1810,  80 

Chace,  Warran,  for  alfifting  the    Mefl'enger   to    the 

General  Court  to  6th  March,  1810,  70 

Perry,  John,  for  affifting  the  Meflenger  to  the  Gen- 
eral Court,  to  6th  xMarch,  18 10,  76 

Total  Mifcellaneous         i88j  3» 

Aggregate  of  Roll  No.  62 — March ^   18 10. 

Expenfe  of  State  Paupers, 
Do.  Militia, 

Do.  Sheriff's  and  Coroners, 

Do.  Printers, 

Do.  Mifcellaneous, 

Total 


33^547 

77 

5^939 

5» 

25: 

7  0 

1,8;  5 

39 

1,883 

3<^ 

43,502 

98 

^ 

RESOLVES,  March  5,  18 10.  477 

Pefolved^  That  there  be  allowed  and  paid  out  of  the  pub- 
lick  treafury  to  the  feveral  corporations  and  peifons  men- 
tioned in  this  Roll,  the  fums  fet  againft  fuch  corporations  and 
perfons  names  refpe£lively,  amounting  in  the  whole  to  the 
i'uai  of  forty-three  thoufand,  five  hundred  and  two  dollars  and 
ninety-eight  cents,  the  fame  beinc»  in  full  difcharge  of  the  ac- 
counts and  demands  to  which  they  refer. 

In  Senate  March  ^fb,  1810, 
Read  and  accepted,  and  fent  down  for  concurrence, 

H.  G.  0 116,  Fre/idtnt. 

In  the  Houfe  of  Reprefentati-ves,  March  5  th,  1810, 
Read  and  concui  ed, 

'llJVK;rH7  mGY.LO\N ,  Speaker, 

March,  6th  1810,  Approved, 

C.   GORE. 


Goo 


INDEX 

TO  RESOLVES  OF  JaNUaRY  SESSION,  1810. 


A 

Academy,   Monmouth.  386 

Monfon,     •  4-2 

Day's,  in  Wrentham,  450 

Attorney  and  S  .Iicitor  Ge-ierals,  sjrant  to,  422 

Agents  to  fell  the   United  States  Itock  belonging    to  this 

State,  444 

Accounts,  committee  on,  pay  457 

roll  of  do.  No   62  460 

Adams,  William,  member  of  the  Houfe,  D70  459 

B 

Brown,  Fbenezer,  D20  392 

Bank,  Berkfhire,  committee  to  examine  3Q9 

Northampton         ditto  399 

Penobfcot               do.  400 

Banks,  Edward,  and  others  400 

Bray,  Oliver,  and  others,  (riflemen)  '4^3 

Brocks,  Samuel,  418 

Bennet,  Deliverance,  D32   26  419 
Bemis,  Jofeph,  guardian  to  Punkapogue  Indians,  fupply- 

ing  vacancy  in  a  committee  422 
BaUvvin,    line  428 
James,  and  others,  bondfmen  of  treafurer  Skin- 
ner                      ,  446 


Currier,  Th-mas,  and  others,  Litrht-Infantry  company         388 
council   and  General  court,  pay  eitabiilhed  3S9 


INDEX. 

Cbrk,  Owen.  D40  40a 

Chilli,  Mary,  an  •  others  405 

Churchill,  Elizabeth,  (  fotman)  D80  34  408 

Clifford  &  Palmer,  (cannon)  409 

Chefter,  (bridcie)  409 

Cambiide^e,  and  other  towns,  (bridge)  430 

Cleaves,  Daniel,  (Saco  free  bridges)  433 

Cobb,  William,  435 
Committees   for  examining  Northampton  and  Berkfiiire 

banks,  tor  paving  441 

for  making  tax  bill,  D21  443 

Clerks  of  Senate  and  Houfe,  pay  454 

Chaplains                do.              do.  455 

Coffin,  Nathaniel,  D30  45^ 

o      • 

Dirkinfon,   John  416 

Durham,  taxes  433 
Dane,  Naihan,  to  flate  the  fums    in  new   emiflion   bills, 

charged  to  United  States  456 


EleQion,  D50  for  preacher  of  the  fermon  409 


Fifke,  Ifaac,  441 


Governour,  his  fpeech  373 

anfwer  of  the  Senate  to  378 

do.     of  th    Houfe  381 

to  appoint  commiiTioners  to  afcertain  the  line 

between  this  vState  and  Rhode-lfland  389 

Goulding  R.  John  3g2 

Gleaion   Phiiieas,  and  others.  Light  Infantry  company  419 

Green,  Robert,  and  Caleb  Shatiuck  421 

Gctchel,  JSehemiah  ,  431 


INDEX. 


H 


HaOInp:s,  John,  385 

H  iViiJeii,  (  ben':zer,  397 

Hilc'reth,    liniothy,  D^a  ^  4»2 

Hovev   jofeph,  Light-lniantry  company,  Haverhill  420 

Hayward,  Jcfiah,  445 


Indians,  Cbappequiddick,  D25  ^  410 

Natick,  tor  ap;>oin!ing  a  <]:uardTan  421 

Ptrnobfcot,  fu  erintendeiu  to  be  appointed  449. 

Johnfon,  Jokph  and  Mary,  407 

K 

Kuhn,  Jacob,  D^^o  3B8 

Do  D  '50  4: 5 

Knox,  late  General,  Creditors  432 


Lotteries,  Attorney  and  Solicitor   Generals  to  profecute 

violati(;ns  of  the  ad  againft  3q  x 

Lord,  Simon,  D55  397 

Limiiigton,  doings  made  valid  407 
Lapham,  Sylvanus                                                                .  456 

M, 

Mann,  Jonathan  387 

Mann,  Jofiah,  Jun.  387 

Makepeace,  William,  Capt.  402 

Minot,  Light  Infantry  l-  mpany  414 

Munroe,  Jonathan,  U601   44  428 

Muiloy,  Hugh,  D40  437 

N 

Newbury,  James,  penfioned,  393 

Nourle,  Jofeph,  D3373  94  394 

Keai,  John,  D200  440 


INDEX. 


O 


Officers  and  Soldiers,  late  in  fervice  in  Kennebeck  county 

pay  eltabiiftied.  404 

for  paying  423 


Pnrkman,  Samuel,  4o5 

Pt.  ry,  LeoHrird,  and  others  (L.  I.  C.  Eafton,)  420 

Powers,  Thomas,  423 

Prince,  Samuel,  430 

Pierpoint  Llizabeth,  D150  454 

Quarter  Mafter  General,  D2078   84  to   pay  Cifford  and 

Palmer  442 

difcharged  of  the  former  and 
making  a  new  appropriation  453 

R 

RocheRer,  (Taxes)  ,  410 

Road  from  Kennebeck  to  Penobfcot  rivers  to  be  laid  out 

grant  of  land  to  B   Joy  440 

county,  from  Kennebeck  to   Penobfcot    rivers   half 

townfliip  granted  for  443 

from  Kennebeck  to  Chaudiere  rivers,  to  be  laid  out    448 

S 

Smith,  Samuel  392 

Swett,  Benja.nin  398 

Society,  iNiedical  398 

Stevens,  Jacob  401 
Senators  and  Reprefentatives  in  Congrefs  to  apply  for  an 

alteration  in  the  polt  office  law  403 

to  endeavour  to  obiaii.  a   repeal  of  the  prefent 

military   lyftem   of  difcipline  of   the    Lrnited 

States  458 

Secretary  to  pay  Pofl:  Mafter's  bills  quarterly  403 

Sketup,  Jane  40^ 

buiiivan,  original  proprietor  4' ' 


INDEX. 

Shaw,  P  John  and  others  (ovalry)  411 
State  i^rifon,  Superintendent's  adl  fettled  and  approprla- 

tion  413 
Schaick,  Van  Henry,  and  other::    fureties  for  Sheriii'  of 

Berkftiire  429 

Soldiers,  old,  further  time  to  claim  gratuity,  &c.  434 

Sullivan,  L.  J')hn  435 
Settlers,  in  Hancock  and  Washington  proceedings  againd 

flayed  449 

Slate  Houfe  Committee  for  repairing  456 

Secretary  to  diitribute  the  militia  law  457 

T 

Treafurer,  commilTionres  to  examine  his  account  388 
to  borrow  D 12000  of  Hilloweli   and  Augufla 

Bank  437 
50,000  of  Bolton  and  Union  Banks  453 

Thompfon,  Thaddeus,  D46  394 

Taxes  alfeifments  made  valid  412 

Town,  Salem,  difcharged  as  agent  451 

Taxes  County  4j2 

U 

Ulmer,  Jacob,  and  others  43^ 

W 

Wells,  Firft  Baptift  Society  386 

Walcutt,  Ihomas,  D50  393 

pay              ^  457 

Whittemore,  William,  Jun.  twice  395 

"Wood,  John  396" 

Whitcomb,  Eli  410 

"Warriner,  Gad,  and  Betfy  415 

Wales,  Jofeph  417 

Webb,  Willliam  43S 


Y©rk,  fine  abated  41S 


"  V  '     ]     r 


mi  mmvm'r\f%f^n^^mmf^m& 


^q(^fl^.'^,g(^,^^/ 


;^io:o^?^^^^X^^'i^nro^;^^^ 


^^AA/ 


'^'^4«'^''^y 


aotwoat^^^O^::..^.. 


'Anr\<^r 


AA'^.-^vA 


^■>;^''^' 


/..•-iiir -vtw-'^r^i '^1  ?^ 


A^/^^ 


'/-N  /s  ^  ,^  o  A  /-\  ^  ^J-  a' -2;';: 


MlSlKSMmMMM 


jAAAA^ 


ililiS#S 


aaaAaA^'^AA^-^.^ 


yHttRffiR 


;y^.;w^^^^^^^^^^^ 


!^-U''-\'^^r\' .y  \r^.r\': 


rv^AAf- 


^A*A^; 


I'^^AA^^r^AnArNA- 


MMiiMiMiMMTATJ 


^^A^^^r;^^^Ar 


lOf^AAAAAAOAAA'JrNW^ 


'^---^-^^'^^'^^^"^:^r^AAAAAO/^AA.A^^ 


A,a  AAa^cs  a' 


^AAA^^^?^aa?AAai^g 


.i^'as'',^'A^^ 


'>AAA' 


A^Ai^^moA' 


I    '       f  -  A/ 


MM^^^'^ 


iAA,OAA/^A 


GMIIMiMiM 


A  ,»  is-  A  M  A  A  '' 


.  A«.v.  ^O^l^^P^^' -^^-^^  ■^^'^'^  -H^f^^ 


™0a A■2AA;^^'/^-  :  aAaAAaAA .  AA  ^r^:^'' J .n 


jc^  k:^^ 


c  c 


^<      cic 


c  C 


.«3c:  cc 


'  — cc 


-fee:  <:jc<c^c  c»<j