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












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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 





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 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. 



' mmmjma aXMJSSSMlSSaamxa 



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 
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 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 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 



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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 comp