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RESOLVES

OF THE

GENERAL COURT

OF THE

Commonluealti) of 4^a.ci^atl)i!^ett^,

BEGUN AND HELD AT BOSTON, IN THE COUNTY OF SUFFOLK, ON WEDNES-
DAY, THE THIRTIETH DAY OF MAY, ANNO DOMINI, ONE
THOUSAND EIGHT HUNDRED AND TEN.

BOSTON :

PRINTED BY DAMS, RHOADES Sc CO.

1810.

CIVIL LIST

OF THE

COMMONWEALTH OF MASSACHUSETTS,

For the political year 1810-11.

HIS FXCELLENOY

ELBRIDGE GEllRY, Esq. Governor.

HIS HONOUR

WILLIAM GRAY, Esq. Lieut. Governor.

Hoii. Levi Lincoln,
Aaron Hill,
Daniel Kilham,
Marshal Spring,
Samuel Fowler,

COUNCIL.

Hon. William Aspinwall,
Thomas Hazard, jun.
Thomas Cutts,
Martin Kinslev.

SENATE.
Hon. Harrison G. Otis, Esq. President.

Suffolk — Hon. Harrison G. Otis, William Spooner, John
Phillips, Peter C. Brooks, and John Welles.

Essex — Hon. John Heard, Israel Thorndikc, Lonson Nash,
Daniel A. White, D. L. Pickman, and Israel Bartlett.

Middlesex — Hon. Samuel Dana, Amos Bond, J. L. Tuttle,
and Matthew Bridge.

Hampshire — Hon. Ezra Starkweather, Hugh McClallcn, Eli
P. Ashmun, and Samuel Lathrop.

Bristol — Hon. Nathaniel Morton, jun. and Edward Pope.

Plymouth — Hon. Nathan Willis, and Seth Sprague.

Barnstable — Hon. Joseph Dimmick.

Dukes County and Nantucket — Hon. W. Folger, jun.

Worcester — Hon. Elijah Brigham, Jonas Kendall, Seth Has-
tings, and Francis Blake.

Berkshire — Hon. Timothy Childs, and William P. Walker.

Norfolk — Hon. John Howe, and Samuel Day. -

York — Hon. John Woodman, and Alexander Rice.

Cumberland — Hon. Levi Hubbard, and James Means.

Lincoln^ Hancock^ and^ Hon. William King, and
Washington^ 3 Francis Carr.

Kennebeck — Hon. Joshua Cushman.

Nathaniel Coffin, Clerk.

Samuel F. M'Cleary, Assistant Clerk.

Rev. Joseph S. Buckminster, Chaplain,

HOUSE OF REPRESENTATIVES.

Hon. Perez Morton, Speaker.

(Bounty of Suffolk.

Boston, William Smith,
Samuel Cobb,
William Brown,
Jonathan Hunnewell,
William Sullivan,
William Phillips,
John Winslovv,
Francis Wright,
Benjamin Russell,
Daniel Sargent,
Thomas W. Sumner,
John Callender,
Benjamin Whitman,
Thomas Danforth,
Charles Davis,
James Robinson,
Jacob Welsh,
\\ illiam Hammatt,
John Parker,
Ebenezer T. Andrews,
Isaac P. Davis.
Francis D. Channing,
William H. Sumner,
Ephraim Thayer,
Josiah Knapp,
Benjamin Weld,
Oliver Keating,
Nathan Webb,
Daniel Messinger,
William Walter,
Warren Dutton,
George G. Lee,
John Chandler,
William Porter,
John May,
Elisha Sigourney,
Samuel M. Thayer,
Gamaliel Bradford,
^ohn Wells,
George Blanchard,

Boston, Nathaniel Curtis,

William Tudor, jun,
Chelsea,

ESSEX.

Salem, Joseph Story,
Joseph White,
Joseph Winn,
Joseph Sprague,
Benj. Crowninshield,
Moses Townsend,
George S. Johonnot,
Nath. Frothingham,
John Hathorne, jun.
Joseph E. Sprague,
David Putnam,
John Dodge, jun.
Marblehead, Nathan B. Martin,
John Bailey,
Phillip Besom,
Asa Hooper,
Joshua Prentiss, jun.
William Story,
Joseph H. White,
Lynn £s)' -i Aaron Breed,
Lymifield, J Caleb Downing,

William Sweetser, jun.
Oliver Fuller,
Ezra Mudge,
Thompson Burrill,
Danvers, Samuel Page,
Nathan Felton,
Dennison Wallis,
Beverly, Thomas Davis,
Thomas Stevens,
Abner Chapman,
Robert Rantoul,
Isaac Rea,
Wenham, Samuel Blanchard,
Hamilton, John Safford,
Manchester, Israel Foster,

HOUSE OF REPRESENTATIVES.

Gloucester, Tliomas Parsons,
John Manning,
John Tucker,
James Tappan,
John Johnston,
Robert Elvvell, 2d.
Ipswich, Nathaniel Wade,

Jonathan Cogswell, jun.
' Joseph Farley,
Joseph Hodgkins,
Rowley, Benjamin Adams, jun.

Thomas Gage,
Newbury, Josiah Little,
Silas Little,
John Osgood,
David Little,
Stephen Hooper,
Newburyport, Mark Fitz,

Andrew Frothingham,
Jonathan Gage,
Stephen Howard,
John Peabody,
Joseph Dana,
Ebenezer Gunnison,
Samuel H. Foster,
William B. Bannister,
Bradford, Thomas Savory,
Boxforu, Thomas Perley,
Andover, Thomas Kittredge,
John Cornish,
Joshua Chandler,
Middleton, Asa How,
Topsfield, Nathaniel Hammond,
Salisbury, Amos Morrill,
Amesbury, Benjamin Lurvey,
Haverhill, Ebenezer Gage, jun.
Methuen, Benjamin Osgood.

MIDDLESEX.
Charlestown, David Goodwin,
Peter Tufts, jun.
John Kettell,
David Devens,
Joseph Miller,

Cambridge, John Mellen,

Samuel P. P. Fay,
JVest Cambridge, Samuel Butter-
field,
Brighton, Samuel W Pomeroy,
Maiden, Jonathan Oaks,

Jonas Green,
Medford, Timothy Bigelow

Nathaniel Hail,
Newtown, Timothy Jackson,

Samuel Murdock,
TFatertown, Jonas White,

Thomas Clark,
Waltham, David Townsend,
Westown, Ebenezer Hobbs,
Lincoln, Joshua Brooks,
Lexington, Nathan Chandler,
Sudbury, William Hunt,
East Sudbury, Jacob Reeves,
Natick, Abel Perry,
Sherburne, Calvin Sanger,
Holliston, Jason Chamberlain,
Hopkinton, Moses Chamberlain,
Framingham, John Fisk,

John Trowbridge,
Marlborough, Ephraim Barber,

Daniel Brigham,
Stow and ") * . rr.

Boxboro^ j Augustus Power,

Concord, Tilly Merrick,
Bedford, William Webber,
Burlington, '

JVoburn, Luke Reed,
Stoneham, John H. Stevens,
Reading, Timothy Wakefield,

Daniel Flint,
Wilmington, James Jaquith,
Billerica, Josiah Crosby, jun.
Texvksbury, Jesse Trull,
Chelmsford, Jonathan Perham,
Carlisle, Paul Litchfield,
Westford, Thomas Fletcher,
Acton, Jonas Brooks,
Littleton, Emund Foster,

HOUSE OF REPRESENTATIVES.

G?'oton, Oliver Presscot,

James Brazer,
Dracut; Daniel V^irnum,
Dunstable, Joshua Heywood,
Tyngsborough, Calvin Thomas,
Shirley, Nathaniel Holdcn,
Pepper ell, William Hutchinson,
Townsend, Abncr Adams,

Ashby,

HAMPSHIRE.

Springfield, Moses Chapin,
Jacob Bliss,
Oliver B. Morris,
Edmund Dwight,

Longmcadoxv , Ethan Ely,

JVdbraham, Augustus Sisson,
Walter Stebbins,

Monson, Abner Brown,
Edc Whitaker,

Brimfeld, Stephen Pynehon,
Philomel Warren,

HollandJ.^ ...iRoyanValcs,
South Brimficld, J ^ '

Ludlow, Gad Lyon,
Palmer, Jesse King,
JVare, William Bowdoin,
Greenwich, Thomas Powers,
Belchertown, Eliakim Phelps,
Eldad Parsons,
Wright Bridgeman,
Pelham, James Abercrombie,
Granby, Eli Dickenson,
Amherst, Medad Dickenson,

Elisha Smith,
Hadley, Giles C. Kellogg,
South Hadley, Ruggles Wood-
bridge,
Sunderland, Nathaniel Smith,
Leverctt, Rufus Field,
Montague, Nathan Chenery,
JVendell, Joshua Green,
Shutesbury,

Xew Salem, Varney Pierce,
\orthfield, John Nevers,

IVarwick, Caleb Mayo,
Orange, Josiah Cobb,
Northampton, Moses Wright,

Jonathan Strong,

Elijah H. Mills,
East Hampton, Thaddeus Clap,
South Hampton, Frederick Judd,
West Hampton, Sylvester Judd,
JFestJield, Jedidiah Taylor,

Benjamin Hastings,
TFcst Springfield, Jona. Smith,

Samuel Flower,

Timothy Horton,

Luke Parsons,
Southwich, Enos Foote,

Shubael Stiles,
Granville, Israel Parsons,

William Twinning, 2d.
Blandford, David Boies,
Russell,
Montgomery,
Norwich, Aaron Hall,
Chester,

Chesterfield, Eliakim Sylvester,
Middhfield, Erastus Ingham,
Worthington, Jonathan Brewster,
IVilliamsburgh, John Wells,
Hatfield, Samuel Partridge,
TVhateley, Phineas Frary,
Deerfield, Asa Stebbins,

Elihu Hoyt,
Conway, John Williams,
Goshen, Oliver Taylor,
Ashfield, Ephraim Williams,

Henry Basset,
Cummington, Abel Packard,
Plainfield, John Cunningham,
Hawley, Zenas Bangs,
Buckland, Enos Pomeroy,
Shelburne, John Fellows,
Greenfield, Eliel Gilbert,
Gill, James Gould,

Bernards ton, John Hamilton,
Leyden, Hezekiah Newcomb,

HOUSE OF REPRESENTATIVES.

Colraine^ David Smith,

Jonathan M'Gee,
Charlemont, Abel Wilder,
Heathy Roger Leavitt,
Rowcy John Wells.

PLYMOUTH.

Plymouth^ William Davis,

Barnabas Hedge, jun.
Nathaniel Spooner,
Abner Bartlett,
Kingston^ John Thomas,
Duxbury^ Judah Aiden,

Samuel Walker,
Marshjield, John Thomas,
Pembroke, Bailey Hall,
Bridgwater, Daniel Mitchell,
Middleborough, Samuel Pickens,

Thomas Weston,

Peter Hoar,

Martin Keith,

Hercules Cushman,
Rochester, Gideon Bastow, jun.

Caleb Briggs,

Jesse Haskel,
Wareham, Jeremiah Bumpus,
Carver, Benjamin Ellis,
Plimpton, Elijah Bisbe,
Halifax, Nathaniel Morton,
Abington, Samuel Niles,

Nathan Gurney, jun.
Hanover, John B. Barstow,
Scituate, Jesse Dunbar,

Edward F. Jacob,
Hingham, Hawkes Fearing,

Jonathan Gushing,

Thomas Fearing,
Hull, Samuel Loring,

BRISTOL.

TauntoUy John W. Seabury,
Josiah King,
Samuel Crocker,
Nathajiiel Leonard,

Dighton, John Hathaway,
George Walker,

Rehoboth, David Perry,

Elkanah French,
Timothy Walker,
John Medbury,
Sebray Lawtoa,

Swanzey, Daniel Hale,

Edward Mason,

Sojnerset, William Reed,

Attleborough, Joel Reed,

Manajield, Soloman Pratt,

Norton, John Hall,

Eastoivn, John Tisdale

Charles Hayden,

Raynham, Josiah Dean,

Berkley, Apollos Tobe}-,

Freetown, William Rounsevelle,
Stephen B. Pickens,

New-Bedford, Seth Spooner,
Samuel Perry,
William Willis,
Gamaliel Bryant,
Jireh Swift, jun.
Jonathan Pope,

Dartmouth, Joel Packard,
Ephraini Tripp,
Henry Tucker,

JVestport, Abner Brownell,

Sylvester Brownell.,
Abner Giftbrd,

Troy, Robert Miller.

BARNSTABLE.

Barnstable, Jabez Howland,
Joseph Blish, jun.
Job C. Davis,
Timothy Phinney, ,

Sandwich, John Freeman,

Benjamin Perceval,
Elisha Pope,

Falmouth, Braddock Demmick,
James Hinckley,

Yarmouth^ John Eldridge,

HOUSE OF REPRESENTATIVES.

Yarmotith^ James Crowell,
Dennis^ Juduh Paddock,
Harwich^ Ebcnczcr Weeks,
Brewster, Elijah Cobb,
Chatham, Richard Sears,
Orleans, Simeon Kijiginan,
Eastham, Samuel Freeman,
IFellfleet, Beriah Higgins,
Truro, Israel Lombard,
Pr ovine etoivn, Joseph Atkins.

DUKES.

Edgarton, Thomas Jcrnegan.

Tisbury,

Chilmark.

NANTUCKET.

Nantiieket, Micajah Coffin,
Shubael Coffin,
Archelaus Hammond,
JNliciijah Gardner,
Jedidiah Fitch,
Daniel Whitney,
George Cannon,
Obadiah Folger,
George Gardner, 2d.

WORCESTER.

Worcester, Edward Bangs,
Ephraini Mo\\er,
Abraham Lincoln,
Leicester, John Hobart,
Spencer, Benjamin Drury,
Brookfield, Thomas Hale,
Oliver Crosby,
Riiiiis Hamilton,
Elisha Hammond,
Western, Joseph Field,
Sturbridge, Gershom, Plimpton,

Zenas L. Leonard,
Charlton, John Spurr,

Thaddeus Marble,
Ephraim Willard,
Dudley^ Aaron Tufts,

Douglas, Benjamin Craggiri,
Uxbridge, Benjamin Adams,
Aortibridge, Adolphus Spring,
JMendon, Daniel Thurber,

Elijah Thayer,
Mdford, Sanmel Jones,
Upton, Ezra Wood, jun.
Grafton, William Lamb,
Sutton, Josiah Stiles,

Jonas Sibley,

Estes Howe,

Darius Russell,
Oxford, Abijah Davis,
Ward, Jonah Golding,
Shrewsbury, \^ashni Hemmen-

way,
Westborough, Nathan Fisher,
Southborough, John Johnson,
\o7'thborough, James Reyes,
Boylston, J. lines Longley,
IVest Boylston, Ezra Beaman.
Lancaster, Eli Stearns,
Jonas Lane,
Harvard, Jonathan Symonds,

Jonathan Bryd,
Bolton £s? Berlin, Silas Holman,
Levi Meriam,
Sterling, Israel Allen,

Samuel Sawyer,
Holden, \- illiam Drury,
Rutland, Jonas How, jun.
Paxton, Braddyl Livermore,
Oakham, Abijah Cutler,
J\ew Braintree, Joseph Bowman.

jun.
Hardwick, Timothy Page,

Jason Mixter,
Barre, Niithaniel Jones,
Hubbardston, Jacob Waite,
Petersham, Hutchins Hapgood,
Princetown, William Dodds,
Leominster, David Wilder, jun,

Joel Crosby,
Limenburghj Edmund Cushing,

HOUSE OF REPRESENTATIVES.

Fitchburgh, Abraham Willard,

Paul Wethcrbee,
Westminster^ Jonas Whitney,

Abel Wood,
Gardner^ Aaron Wood,
Ashhurnham^ Joseph Jewett,
Winchendon, Israel Whiton,
Royalston, Joseph Eastabrook,
Templeton^ John W. Stiles,
Athol^ James Humphreys,
Gerry ^ Ithamar Ward,
Dana. Nathaniel Williams.

Windsor^ Daniel Dana,
Lanesboro' ^ | Sam'i H. Wheeler
A'ewJshfoi'd^ j Richard Whitman,
Cheshire^ Joseph Bucklin,

John Wells, jun,
Adams ^ Thomas Farnum,

John Waterman,
Williamston^ Samuel Kellog',

Henry C. Brown,
Savoy ^ Liscom Phillips,
Clarksburgh,
Florida.

BERKSHIRE.

Washington^ J "^ &'

Nexv Marlboro" Edward Stevens,

Elihu Ward,
Sandisfield Ejf^-i John Picket,
Southfield, / Eliakim Hull,
Loudon^ Paul Larkcom,
Tyringham, Adonijah Bidwell,

Francis Hearick,
Great Harrington^ Thomas Ives,
David Wainwright,
Egremont^ Octavius Joyner,
Alford, Elijah Fitch,

Stockbridge, Asa Williams,
West Stockbridge, Lemuel Mof-

fitt, jun.
Becket, George Conant,
Washington^ Jesse Ladd, jun.
Lecy Joseph V\ hiton,

Jared Bradley,
Lenox, Oliver Belden, jun.

Daniel Williams, jun.
Richmond, Absalom Ford,
Hancock, Rodman Hazard,
Pittsfield, John Churchill,

Joseph Shearer,

James Brown,

Oren Goodrich,
Dalton, John Chamberlain, jun.
Hinsdale, William Pearse,
Peru, Cyrus Sto\vel,

NORFOLK.

Roxbury, William Brewer,
Jacob Weld,
Abijah Draper,
Lemuel Le Barron,
Nathaniel S. Prentiss,

Dorchester, Perez Morton,
Ezekiel Tolman,
Phincas Holden,

Brookline, Stephen Sharp,

Milton, William Pierce,
Asaph Churchill,

Quincy, Thomas Greenleaf,

Braintree,

Weymouth, Christopher Webb,
John Vinson, jun.

Cohasset, Thonias Lothrop,

Dedham, John Endicot,

Samuel H. Deane,
Jonathan Richards,

Needham, Daniel Ware,

MedjiekW^ . u tit

Dover, | Johnson Mason,

Medway, William Felt,
BellingJiam, John Bates,
Franklin, Joseph Bacon,
Wrentham, Jacob Mann,

Jairus Ware,
Walpole, Daniel Kingsbury,
Foxborough, Seth Boyden,
Sharon, Jonathan Billings^
Stoughton, Samuel Talbot,

HOUSE OF REPRESENTATIVES.

Ca7iton^ Benjamin Tucker,

Joseph Bemis,
Randolph, Micuh White.

YORK.

Yorky Elihu Bragclon,
Joseph Brddbuiy,
Joseph Wearejun.

Kittery, Mark Adams,

William T. Gcrrish,

El'iot, Samuel Leighton,

TFellSj John Storer,

Joseph Moody,
Nahum Morrill,
John U. Parsons,

Arundel^ Tobiiis Lord,

Biddcfbrd, Ichabod Fairfield,

Berwick, Richard F. Cutts,
Joseph Prime,
William Hobbs,
Benjamin Green,

Lebanon^ David Legro,

Sandford, Sheldon Hobbs,

Alfred, Thomas Keeler,

Lyman, John Low,

Plnllipshurgh^ Abijah Usher,

Waterhorough, Henry Hobbs*

Shapleigh, Jeremiah Emery,

Josiah P. Woodbury,

Newfield,

Parsonsjield, James Bradbury,
Simon Marston,

Cornish, Enoch M. Barker,

Limerick,

Limington, David Boyd,
Walter Hagens,

Buxton, Samuel Morrill,

Joseph Woodman,

Saco, William Moody,
Benjamin Pike.

CUMBERLAND.
Portland', Daniel Tucker,
Joseph Titcomb,

Portland, Matthew Cobb,

Joseph H. Ingraham^

William Jenks,

Isaac Adams,
Falmouth-, John Jones,

James Morrill,

James C owen,

N.'ithaniel Hatch,
Cape Elizabeth, Silvanus Higgins,
Scarborough, Benjamin Larrabee,

George Hight,
Gorham, Lothrop Lewis,

David Harding, jun.

Dudley Folsom,
Standish, James Hasty,
Windham, Josiah Chute,
Gray, Eilab Latham,
North Yarmouth, Jacob Mitchel,

Elisha P. Cutler,

Asa Chace,

Edward Russell,
Pownal,

Freeport, Samuel Holbrook,
Brunswick, Robert D. Dunning,

David Dunlap,
Harpswell, Stephen Purington,
Durham,
New Gloucester-, Joseph E. Fox-

croft,
Pegypscot^

Poland-, Thomas Barns,
Minot-, Seth Chandler,

Nicholas Noyes,
Raymond, Samuel Leac h
Baldwin,
Bridgetown,
Harrison,
Otisfield, David Ray.

LINCOLN.

Wiscasset, Abiel Wood, jun.

Moses Carleton, jun.
Woolwich, John Stinson,
Dresden., Obed Haynes,

HOUSE OF REPRESENTATIVES.

New MilforcU Moses Carleton,

Whitefield^ Joseph Bailey,

Jefferson^ Jonathan Trask,

New Castle^ John Farley,

Edgecombe Stephen Parsons,

Boothbai/y

Bristol, William M'Clintock,

Samuel Reed,
Nobleborough^ David Dennis,
Waldoborough, Jacob Liidvvig,

Joshua Head,
l^riendship,
dishing ,

St. George, Hezekiah Prince,
Thomaston, Isaac Bernard,

Ezekiel G. Dodge,
JVarren, Samuel Thatcher,
Camden, Farnham Hall,
Hope, Fergus M'Clain,
Union,

Palermo, Stephen Marden,
Montville, Joseph Chandler,
Georgetown, Mark L. Hill,

Lewis Thorp,
Bath, Samuel Davis,

Jonathan Hyde,

John Richardson
Topsham^ Actor Patten,
Bowdoin, Moses Dennett,

Solomon Eaton,
Bowdoinham, James Maxwell,
Lisbon, Gideon Curtis,
JLewistown,
Litchfield, John Neal,

Jabez Robinson.

KENNEBECK.
Augusta, Samuel Howard,

Jonathan Bond,
Hallowell, Thomas Agry,

Peter Grant,
Gardiner, Samuel Jewett,
Monmouth, Simon Dearbon, jun.
Green, John Daggett,

Leeds, Daniel Lathrop,
TFinthrop, Andrew Wood,
Readjield, Peter Norton,
Wayne,

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

Waterville, Eleazer W. Ripley,
JRome,
Vienna,

New Sharon, Prince Baker,
Chesterville,

Farmington, Nathan Cutler,
Joseph Norton,
Temple,
Wilton,

Pittston, David Young,
Vassalborough, Abiel Getchell,

Samuel Redington,
Winslow, Lemuel Paine,
Harlem,
Malta,

Fairfax, Nathan Hey wood,
Clinton, Matthias Weeks,
Unity, Lemuel Bartlett.

OXFORD.

Paris, Elias Stowell,

Hebron, Alexander Greenwood.

Buckfield, Enoch Hall.

Turner, George French,

Livermore, Simeon Waters,

Hartford, David Warren,

Sumner,

Norway,

Fryeburgh, John M'Milian,

Brozvnfield^ r , y^ ,

^ Hiram, j Joseph Howard,

Denmark,

Porter,

Lovell,

Waterford, Calvin Farrar,

Albany,

HOUSE OF REPRESENTATIVES.

Bethel, John Kilgore, jun.

Jay, James Starr, jun.

Dixfield,

Rmnford,

Gilead,

JVewry,

East A7idov€r.

SOMERSET. .
Korridgewock, Calvin Selden,
Canaan,

Fairfield, William Kendall,
A7ison,
Starks,
Mercer,
Industry,
New Vineyard,
Strong,
Avon,
Mmbden,
Freeman,
New Portland.
Madison,
Cornville,
Solon,
Athens,
Harmony,
Palmyra.

HANCOCK.
Castine, Otis Little,
Penobsnot, William Webber,
Orland,
JBiickstown, Joeph Lee,

Orrington, Joshua Chamberlain,

Ellsworth, John Peters,

Surry,

Blue Hill, Reuben Dodge,

Sedgwick, Thomas Doyle,

Prenton,

Sullivan, Paul D. Sargent,

Gouldsborough,

Eden, Cornelius Thompson,

Mount Desert, David Richardson,

Deer Isle, Pearl SpafFord,

Vinalhaven, William Vinall,

Islesborough,

Lincolnville, Ephraim Fletcher,

JSorth Port, Cornelius Rhoads,

Belfast, Tliomas Whittier,

Prospect, Henry Black,

Prankjort, Alexander Milliken,

Hampden, Seth Kempton,

Bangor, James Carr,,

Orono,

Dixmont.

WASHINGTON.

Machias, Ebenezer Inglee,

Abraham Butterfield^
East Port, Oliver Shead,
Calais,

Jonesborough, Ephraim Whitney,
Addison,
Columbia,
Harrington^
Steuben.

Charles P. Sumner, Clerk.
Rev. Dr. Thomas Baldwin, Chaplaiih

RESOLVES

General Court of Massachusetts,

PASSED AT THE SESSION BEGUN AND HOLDEN AT BOSTON, ON TIIF.

THIRTIETH DAY OF MAY, IN THE YEAR OF OUR LORD,

ONE THOUSAND EIGHT HUNDRED AND TEN.

GOVERNOR'S SPEECH.

REPRESENTATIVES' CHAMBER, JUNE 7.

At 12 o'clock^ the Senators attended in the Representatives'
Chamber^ agreeably to assignment^ when His Excellency the
Governor came in, accompanied by his Council, the Secre-
tary of the Commonwealth, and other officers of government,
and delivered the following

SPEECH :

Gent'lemem of tHE Senate, and

Gentlemen of fHE House of REPJiESEWtA'TiyES,

1 HE independent and respectable electors of this
Commonwealth, by a majority of their suiFrages, having hon-
oured me with the office of their supreme executive magis-
trate, an honour at this period increased by the existing state
of our publick affairs, I have accepted the important trust
with that gratitude, which is due to such distinguished confi-
dence ; with that diffidence, which is fearful to do wrong ;
and with that solicitude, which is inseparable from a sincere
desire to do right,
3

14 GOVERNOR'S SPEECH.

In this enlightened age of the world, the criteria for judg-
ing of rulers, are their measures, not their professions : those
only then, whose conduct is candid, upright, and honourable,
can enjoy either the happiness of conscious rectitude, or the
pleasing expectation, of the approbation, esteem, and support
of their fellow-citizens. And should their rule be meritori-
ous, how often do circumstances of a publick nature occur,
which leave to government a choice only of evils ; deeply
affecting the feelings and interests of the people, and produc-
ing jealousies, discontents, and opposition ?

Such of late has been the state of our national concerns,
and the consequent divisions have exhibited prospects of seri-
ous alarm — is it not the duty of the Trustees and Guardians
of the inestimable rights and liberties of the people, to destroy
if possible this germ of political confusion, and at the shrine of
publick safety, honour, and welfare, to sacrifice all private and
local views, prejudices, and discordant passions ?

If I have formed a just estimate of the characters whom
I address, there cannot exist a solitary doubt, that in a pursuit
^o deeply interesting to the public, regardless of political dis-
tinctions, they will co-operate with me, in attaining these
important objects : and to secure success, let the mantle of
friendship be drawn over past obnoxious measures, and our
exertions be directed to prevent their repetition.

Whatever may be the points of difference between parties,
in this they will undoubtedly agree, that union is the vital
principle of liberty : for as \vell may the physical body have a
being without air, as the body-politick of our republick, with-
out that principle.

From time immemorial, the successful maxim of ambition
has been "to divide and conquer:" and even free govern-
ments have so far sanctioned it, for preventing the union, and
preserving the subordination of their colonies, as to dissemi-
nate jealousies amongst them.

Such was the policy of Great Britain for retaining the col-
onies which first formed the United States ; a policy which
in the early period of their separation from her, exposed them
to imminent danger, and was their most formidable foe.

But the good sense of the colonists prevailed ; and with a
population not exceeding two millions of inhabitants ; with
executives and judiciaries, almost wholly opposed to them ;
with regal troops, in their fortresses, cities, and principal
towns, to awe and control them ; with few arms, and military

GOVERNOR'S SPEECH. 15

stores ; and without publick funds, or an organized govern-
ment to conduct their operations ; they adopted this motto,
"United we stand, divided we fall;" and their union, suc-
cessfully commenced, and triumphantly terminated the revo-
lutionary war. — Had a party spirit then prevailed, it would
have been fatal ; it would have plunged the patriots into the
abyss of irretrievable servitude; it would have exchanged
their exalted station of man, for that of senseless Automata —
and even cemented as the United States now are, by excel-
lent federal and state constitutions, if the invisible hand of
foreign influence, or if deep-rooted domestick prejudices and
animosities should obtain the ascendancy, they Aviil too late
discover, that the loss of union is the loss of liberty : for how-
ever remote we are from foreign nations, or lulled by prospects
of their friendship, should our union be destroyed, intestine
wars must ensue, and soon convert this beautiful, populous,
and cultivated country, into a barren, depopulated waste.

But will not foreign powers, viewing as they do, these
flourishing commercial states with the invidious eye of com-
petitors, seize the first favourable opportunity, for destroying
their competition ? And with what ease ^^•ill they eflect it,
should one seceding section of the confederacy, requiring an
equal number to oppose it, leave but a remnant of the nation
to resist foreign invasion ?

If we take a view of the two gigantick combatants of Eu-
rope, France and Great- Britain ; nations to v/hom all others
are most indebted for their progress in arts and sciences,
and for those useful discoveries and improvements which
adorn society and promote human happiness ; nations unri-
valled by land and by sea ; who in their conflicts have nearly
destroyed the independence of continental Europe, and threat-
en that of the other quarters of the globe ; if we reflect on the
measures of their mighty governments, we cannot too deeply
regret that they have lost sight of their own dignity and hon-
our ; Or why do they not apply the po^\'ers entrusted them
by Divine Providence, to complete, not the misery, but
the happiness of man ? — Why do they not immortalize
their fame by recording it, not on the sorrowful tombs
of slaughtered millions, not on the desolate ruins of mournful
principalities, kingdoms, and empires — but on the brilliant
pages of illustrious philanthropists — on the durable annals of
the great, the good, the God-like benefactors of man ? To
the civilized world, the answer is a subject of the deepest

16 GOVERNOR'S SPEECH.

regret and grief. Inordinate ambition and power, allies ois
the land, allies on the ocean, are as insatiable and unmerciful
as the relentless grave. Unparalleled wealth, agriculture,
jnanufactures, and commerce, but furnish endless magazines
of fuel to feed the unquenchable flame of ambition : and pow-
er, lawless and boundless power, is on both sides implicitly-
obedient to her sovereign will. Obligations of every kind,
political, moral, and religious, arising from the rights of neu-
trals, from the most solemn treaties, from public law in gene-
ral, and from humanity^ itself, are neglected, cancelled, and
treated with inefflible contempt ; every beam of hope that na-
tional justice would resume her elevated station, has been
ephemeral — glittering in the morn, it has been dim at noon,
and extinct in the eve.

France has charged Great Britain with the establishment
of a despotick commercial monopoly ; and has viewed her own
conduct, as the meritorious effort of a magnanimous volun-
teer, in a common cause to defeat the measure. The King
of Great Britain in return has charged France with the fabri-
cation of this as a pretext to cover her deep designs of uni-
versal domination. Neighbouring nations, by their vibrating
conduct towards these mighty belligerents, have declared that
both are in the right, and both in the wrong — and the United
States, ever careful to offend neither, have, with uniform
solicitude, cultivated the friendship of each. May their laud-
able endeavours be crowned with merited success !

France, previously to her revolutionary war, for a series of
years, trembled at the rod of mighty Britain. That unparal-
leled event has reversed the scene, and France threatens the
overthrow of her great enemy. The Emperor Napoleon has
in substance, if not in form, declared it. Napoleon, that great
arbiter of the East, is a most formidable foe : His equal
is not to be found in the annals of man. Other monarchs
have been styled great ; but as a statesman and warrior, he is
super-eminent. He is a prodigy of human nature. He is
viewed by his enemies as a comet of the first magnitude ; at
a distance they^ admire the awful grandeur of both, but the
approach of either they dread, as the precursor of certain
destruction.

" Thus unhappily circumstanced is Great Britain, and she
views her safet}'- in war. She conceives that by a peace her
great and only national safeguard, her Navy, must be disman-
tled ; that her numerous foreign seamen will return with joy

GOVERNOR'S SPEECH. 17

to their nati\'e shores ; that her national seamen, in part, will
be compelled to seek employment abroad ; and that, when
imperious necessity shall again require her navy, in its present
vigorous state, an event which would rapidly follow, the
measure -would he impracticable, and the result her conquest.
Her eagle-eyed statesmen act on this principle, and have de-
clared it. — They have even declared that a peace must estab-
lish their national safety ; and this they view as a political
impossibilit}^

On the part, then, of the United States, will not good poli-
cy look forward to the continuance of a war, in the partici-
pation of which they have been, and will continue to be in
danger.

Each of these tremendous powers, presents itself at different
times to United x^merica, wiih the affected attachment of a
disinterested admirer. But are they not disingenuous and
inexorable competitors? And however impartially she may
conduct towards them, when either merely suspects that she
favours the other is not a jealous phrenzy thereby excited,
urging the decree of American destruction ? in such imminent
danger, is there not ari indispensable necessity of union ?

Shall we not then cordially invite the other great department
of our government, the judiciary, containing our luminaries
of law, the able and learned counsellors and practitioners at
the bar — our respectable and pious instructors, the clergy,
whose love of country and promotion of union during tlie
revolution, is a pledge of their support — the citizens of the
other learned profession, who, at that eventful period, in pat-
riotism and prowess were inferior to none — our respectable
and wealthy farmers, merchants, manuflicturers, and mechan-
icks, whose ruin would be completed b\^ intestine commo-
tions, shall we not invite them all to aid in the preservation
of our union ?

Will not this desirable measure, if commenced by govern-
ment, be supported by the constitutional sovereigns of the
land, the people ? Will not every friend to his country recol-
lect the sacred truth, " that an house divided against itself
cannot stand ?" Will he not determine for himself to relin-
quish a party system, and the practice of misrepresenting,
and unjustly reprobating, his political opponents ? Will he
not magnanimously impute to his fellow citizens in opposition,
a niistaken zeal and patriotism, and cordially embrace them ?
Will he not discountenance every attempt to wound the
4

18 GOVERNOR'S SPEECH.

dignity of the press, that great palladium of liberty, when
urged to prostitution and abuse ? And will not internal peace
and happiness, will not order at home and respectability abroad,
be thus again restored to this great and respectable State ?

Washington, the immortal Washington, by his farewell
address on the subject, an address, worthy of record on a
tablet of adamant, calls on you in strains of irresistible elo-
quence to preserve your National Union.

The great and good Adams, with his capacious mind and
extensive influence, follows the briglit example of the father
and friend of his country to preserve that inestimable blessing.
And may we not hope that Divine Providence, so often our
Almighty friend in distress, will afford us aid and support, and
grant an happy issue ?

The next object of importance, to which, gentlemen, per-
mit me to call your attention, is the militia. Unprepared to
enter into details, my observations must be general. The
militia is the great depositary of our Liberty and Independ-
ence— -it is the first, and last hope of our country. Let the
militia be inefficient, and sudden will be our transition to
slavery.

Previously to the revolution, the greatest care was taken
to keep the militia in an unorganized and torpid state. In-
deed, in this and other provinces, patriotick exertions were
made with little effect to counteract this slavish policy. But
the provincial executive always opposed to the interest of the
people, appointed militia officers, subservient to regal purpo-
ses : and Avhen w-ar with the mother country was inevitable,
one of the first important measures adopted, was the reorgan-
ization of the whole militia. Since that period, this state by
its own authority, and afterwards in subordination to the
Federal Government, have paid a marked attention to the
subject. The result has done honour to both governments ;
their measures have excited that martial spirit, which merits
every attention and encouragement.

The materials composing the militia, are independent as-
piring citizens ; whose ambitious minds never were, and with
the utmost confidence it is hoped never will be subdued by
foreign domination. Infinitely will they prefer to finish their
existence with immortal honour in the field, to a surrender
of their beloved country to haughty and tyrannical invad-
ers— A country, the birthright of themselves and of those
most d^ar tp them«

GOVERNOR'S SPEECH. 19

Such materials for officers and privates, are not exceeded,
if equalled, on the globe. Organized, armed, accoutred, and
clad, they are in this state as well disciplined as the nature of
the case at present will admit. But is it not possible to com-
plete their discipline ? And is it not an object worthy of every
attention, and requisite expense ?

The revolutionary army, for several years after it was form-
ed, was but an established militia ; and yet never was an army
composed of more meritorious officers and privates. It is
deeply to be regretted, that their services were not better
rewarded. Their exertions to attain discipline did them great
honour ; but until the arrival of a disciplinarian from the family
of Frederick the great, the measure was impracticable. By
his skill, military order sprang out of confusion. A-inerican
corps were soon equal, if not superior to veteran enemies, and
these were convinced that our federal grounds, were too sa-
cred to be trodden by foreign invaders.

Should measures be pursued v/ith success in all the States
to attain this very important object, and our Union, unimpair-
ed and confirmed, be supported by a completely disciplined
militia, then may the Ui^ited States, in their defence, bid
defiance to the world, and rest in safety.

I feel, gentlemen, the obligation of duty, to turn your atten-
tion, for a moment, to the Federal Government.

Previously to the revolution, when clouds collected and por-
tended a political tempest, it was predicted by ministerial
adversaries, that our federal league " would be a rope of
sand." This, in a great degree was verified by the form of
the confederation. The change from that to the Federal
Constitution, applied powerfully to the feelings and interests
of the community at large, and produced the necessity of an
accommodation. This, having been wisely adopted, and the
requisite amendments having been sanctioned, a system of
Federal Government exists, which embraces the general, and
nearly the universal approbation of the people.

The first candidate for President, united the publick suf-
frages ; but in regard to his successors, divisions ensued, being
the result of the different, territorial, commercial, and political
views and interests of the states : which in the beginning had
little or no activity. The peace, order, and dignity which,
nevertheless prevailed in the federal elections, are the highest
panegyricks on the people,and on the form of their government.

20 GOVERNOR'S SPEECH.

Wc have in the federal cliair a President, whose enhghtened
mind, and whose moral, social, and political virtues qualify
him in a super-eminent degree, for that important station. If
any nation can boast of a chief magistrate with superiour qual-
ities for promoting publick happiness, it is not within the re-
collection or knowledge of the person addressing you. Of
what consecjuePiCe is it, whether a President was born on this,
or on that side of Potomac ? Are not the United States one
great political family ; exquisitely alive to the least common
injury, and to the conduct of government for removing it ?

When we consider also the respectable characters which
fill the other great executive offices, and those of the legisla-
tive and judicial departments, are they not, so far as character
has a claim, justly entitled to our highest respect, confidence,
and support ? From men let us turn our attention to meas-
ures ; let us view the conduct of the Federal Government,
from the first burst of the Gallick Volcano, to this day ; let us
look at them on the honourable ground of neutrality, charged,
in turn, by each belligerent, with mean degrading partiality,
and repelling with dignity, the unprovoked attack. See our
federal rulers, robed in justice and honor, whilst Europe, con-
vulsed to the centre, has been in one great blaze of war, pre-
serving for a series of years, their unoffending States in peace I
Behold them, in tlie choice of unavoidable evils, struggling
with the impatience and afilictions of the people, under the
jjainful, but indispensable operation, for preserving the vital
fluid of the nation, their active property ! And then let us
declare the correct judgment of candour and truth on the con-
duct of our government.

Whilst we admit, that there is no perfection in human
nature, and that the greatest men do often err ; let us not
construe the errors of honest functionaries into crimes ; let us
place in the opposite scale, their meritorious acts, and at least
give them full credit for the balance. When this is done,
may we not with truth declare, that the Federal Government
have done well, and are good and faithful servants of the
publick ?

The provisions, made by the constitution and laws of this
Commonwealth for the establishment and promotion of lite-
rature, religion, morality, and the social virtues, supported as
they have been, and assuredly will be by government, cannot
fail to attain their desirable objects. They are the true and
only sources of present and future happiness. Without these

GOVERNOR'S SPEECH. 21

qualities, what is man ? A living sepulchre, with a fair and de-
ceitful exterior, and an impure and polluted mind ; — and pos-
sessed of them, is he not "the noblest work of God?" How-
important then to society, is the patronage of government for
the institution and support of schools, academies, and col-
leges ? These are the inexhaustible fountains of true piety,
morality, and literature ; and the solid foundation of liberty,
national honour, and publick happiness.

In the channels of husbandry and commerce, flow in a
great measure, the active property of this State. These are
natural allies, the aid of one, is indispensable to the other, and
it is fortunate for both, that there is a coincidence of friend-
ship and interest between them. They are the great pillars
of this Commonwealth, and not a right of either ought to be
invaded, or impaired, whilst she, in subordination to the gen-
eral government, has an arm to protect them.

Industry and economy, those great sources of wealth, can-
not be too much encouraged and supported. Happily for
this country, they in numerous instances, are enlisted in the
service of manufacturers and mechanicks. These valuable
and important classes of our fellow citizens, have a just de-
mand on government, for every reasonable encouragement
and support. Their pursuits are practicable patriotism, and
whilst our national and state parchments, establish our inde-
pendence of right, their measures, more solid, are establishing
for us, an independence m deed.

When we reflect that the United States are in possession of
numerous blessings, political, civil, and religious, many of
which are not enjoyed by any other nation ; that we are re-
mote from those scenes of war and carnage, by which Europe
is vested in sable ; that we enjoy the uncontrolled right, on
principles of true liberty, to form, alter, and carry into eflect
our federal and state constitutions ; that founded on them and
on law, there exists a spirit of toleration, securing to every
one, the undisturbed rights of conscience, and the free exer-
cise of religion ; that the people, at fixed periods, have the
choice of their rulers, and can remove those who do wrong ;
that the means of education in all its branches, are liberal,
general, and successful ; that their national strength, resour-
ces, and powers, by proper arrangements, may render these
states invincible; that by our husbandry, commerce, manu-
factures, and mechanical arts, the wealth of this country almost
surpasses credibility ; let us not be prompted by imprudent
zealots of any description, to hazard the irretrievable loss of

22 GOVERNOR'S SPEECH.

all, or of any of these inestimable blessings ; but let us secure
them forever, with the aid of divine Providence, by rallying
around the standard of our national government, and by
encouraging and establishing a martial spirit, on the solid
foundation of internal peace, order, and concord.

Accept, Gentlemen, I pray you, my unfeigned thanks, for
your patience on this occasion ; which I consider as a pledge
of your future liberality towards me, unnecessary, as my
observations may be, in regard to information to yourselves,
they have afforded me an opportunity of discharging my obli-
gations to the publick, by unfolding matters which may have
impressed your minds with much, if not with equal impor-
tance. As the season requires, that for the benefit of the
country, your session should be short, nothing shall be want-
ing on my part to promote your objects. However interest-
ing to the publick your measures may be, they will not exceed
my anticipations ; and be always assured, that consistently
with obligations of an official nature, they will ever receive
my cordial co-operation and support.

Any other communications, gentlemen, which may be
requisite, shall be submitted to your consideration by message.

ELBRIDGE GERRY,

ANSWER OF THE SENATE.

May ir please rovR ExcEtLENcr.

vJN the first meeting of the several branches of the
government, the Senate respectfully recognize, in the person
of the chief magistrate of Massachusetts^ the man who so
eminently contributed by his revolutionary services, to estab-
lish the independence, and secure the peace and prosperity of
our country. The zeal and fidelity with which these services
were rendered, afford to us a pledge, that in discharging the
duties of the high and honourable trust, committed to you
by the suffrages of a majority of the people, your Excellency
will be uninfluenced by the sinister suggestions of party
Spirit, but will be guided by a sincere and single regard to the
great interests of the whole Commonwealth.

This confidence is strengthed by the reflection that during
the conflict which for many years has agitated almost every
portion of our community, your Excellency has been aloof
from the scene of contention, and, we trust, therefore, has
advanced to the chair of government, unbiassed by those
passions and prejudices, which are in some degree common
to all who have been actively engaged in the warfare of polit-
ical opinion.

Experience, in every age and country, has too fatally evinc-
ed the truth of the position, that the measures and not the
professions of rulers, furnish the standard, by which to deter-
mine their claim to the gratitude of the people. While,
therefore, the Senate, proffer to your Excellency a liberal
degree of confidence, and receive, with unfeigned pleasure,
your assurances of impartiality in the administration of our
publick affairs, they look forward with still greater pleasure,
to the period when a strict and undeviating adherence to these
professions, shall have insured to you the richest reward of an

24 ANSWER OF THE SENATE.

" upright and honourable" mind, " the happiness of con-
scious rectitude," and the universal " approbation and esteem"
of your fellow citizens.

In the measures pursued by your immediate predecessor,
we have witnessed a scrupulous regard to the principles avow-
ed at the commencement of his administration ; and in this
respect, we confidently hope your Excellency will not be sur-
passed by any who have gone before you in the executive
department.

With the most sincere and perfect cordiality, we reciprocate
your Excellency's expressions of solicitude for the preserva-
tion of that spirit of union, which is " the vital principle of
liberty ;" and which is as essential to the security of our
political institutions, as is the power of attraction to the har-
mony of the planetary system. — An indissoluble union among
the States, who are parties to the great national compact,
we consider as not less indispensable to our peace and pros-
perity, than an union of sentiment and action among the people,
to the defence of the liberties secured to them by their con-
stitution. The man who shall insidiously plot a subversion
of this compact, or shall secretly infuse into the publick mind
a spirit of discord and disunion, whatever may be his preten-
sions of patriotism, is attempting to demolish the fabrick of
our publick prosperity, and merits the detestation and abhor-
rence of his country.

However alarming may have been the indications of irrec-
oncilable divisions among the people of the United States, yet
we are not without hope, that the nearer approach of impend-
ing danger would find them united, with a single heart, to
repel every foreign encroachment on their liberty and inde-
pendence. However portentous may have been the progress
of this disorder, our reliance upon the intelligence and patriot-
ism of our fellow citizens affords to us a rational belief that it
is not incurable, and that a course of wise and salutary meas-
ures may yet place us beyond the reach of danger.

In contributing to this most desirable object, we trust we
shall see your Excellency magnanimously " disregarding all
political distinctions," and by calling to your aid in the admin-
istration of the government, wherever they may be found, tal-
ents, integrity, and fidelity to the constitution, thus uniting all,
who are worthy to be united, in the great work of politic^il
reformation.

ANSWER OF THE SENATE. 25

At a crisis not less alarming than the present, when emis-
saries from abroad were secretly impelling us to take a part in
their contentions, when infringements of our neutral rights
were not less frequent nor outrageous than at the present mo-
ment, the administration of Washington prerserved our neu-
trality and rescued us from the vortex w^hich threatened to
overwhelm our national independence. While, therefore, his
precepts and his example are continued to us for our future
guidance and direction, our safety can only be endangered by
the perverseness of our rulers, or the blind and senseless infa-
tuation of the people. His name is written as the rainbow in
the cloud, to remind us that the troubled waters have subsided
at his command, and as a token, that an imitation of his vir-
tues, and a reverence for his example, will, at all times, bound
the fury of the surrounding tempest, and assuage the billows
of internal faction.

But if "domestick prejudices and animosities" are fostered
by the " invisible hand of foreign influence ;" if our national
dignity shall be forgotten, in a "deep-rooted" jealousy of
one nation, or an excessive partiality for another : if we are
dazzled by the splendid achievements of the proud oppressors
of nations, and lose sischt of that boundless and inordinate ambi-
tion, which is their most powerful, if not their only motive of
action ; if we are regardless of their unparalleled agressions,
and indifferent to the atrocities by which their objects are pro-
moted— by such a course we shall become auxiliary to their
schemes of usurped dominion, and eventually contribute to
the subjugation and slavery of our ov.n country. Snail we not,
then, be prompted by the principles of self-preservation, to
watch the motions, that we may shun the influence cf those
over-grown powers, who, forgetful of their true "dignity and
honour," have " immortalized their fame not by recording it
on the brilliant pages of illustrious philanthropists, not on the
durable annals of the great, the good, the God-like benefactors
of man — but on the sorrowful tombs of slausfhtered millions —
on the desolate ruins of mournful principalities, kingdoms,
and empires !"

W e accord with your Excellency in the opinion, that the
present condition of Europe, indicates an indefinite continu-
ance of a war, which has become necessary to the existence
of one of the belligerents, and, probably, to the future safety
of the whole civilized world.

26 ANSWER OF THE SENATE.

During this unexpected struggle, it is the first duty of the
government to preserve an honest and impartial neutrality, so
far as it can be manitaincd, without hazarding our national
safety and independence. But as past events aiford us too
much reason to apprehend that such a position cannot be long
s-upported against the unceasing efforts of the combatants, to
force us into a participation of their dangers and distresses, vi^e
most cordially unite with your Excellency in the opinion,
that sound policy and even ordinary discretion, demand of
our government vigorous and active preparations for a state
of open hostilities with one of the belligerent powers — such
a course is the more obviously necessary, inasmuch, as we
have been admonished by most afflictive experience, that, in
this conflict of extermination, even peace is but a state of
warfare in disguise ; and that the rights of neutralit}'-, (occa-
sionally violated by I )oth the contending parties ; ) are, at length
avowedly subjected to the arbitrary will of a government,
which acknowledges no other rule of action, than that every
nation shall be subservient to the conquest of its enemies, and
the unlimited extension of its power.

We most cheerfully concur in the sentiment of your Excel-
lency, that " husbandry and commerce" are the two great
pillars of the Commonwealth, " and that not a right of either
ought to be invaded, or impaired, whilst she, in subordination
to the General Government, has an arm to protect them."
The distresses we have endured from the suspension of the
0^6-, "and the consequent depression of the other ^ admonish us,
that, as we cannot long exist without the " aid" of these
" natural allies," even war, with all its calamities, is to be
preferred to a permanent abandonment of either.

The embarrassments which have resulted from the unpro-
tected state of our commerce, during the present war in Eu-
rope, and which, at different periods, have driven us to the
very verge of open hostilities with both the belligerents, can-
not, wc believe, have left a " solitary doubt," in the mind of
any sincere and intelligent friend of his country, that a system
of maritime defence will be our only efficient security against
the future insults and aggressions of contending nations.

Tl\e Senate are deeply impressed with the importance of
rendering every possible facility to the promotion of military
discipline. Our pacifick policy having provided no other
system of national defence, the existing state of things, impe-
riously demands of us, at the present moment, more than

ANSWER OF THE SENATE. 27

ordinary attention to the organization, equipment, and disci-
pline of the militia, and your Excellency may rest assured of
our zealous co-operation in any practicable measures which
ma}- be suggested for that purpose.

The alacrity with which the Legislature of Massachusetts
have, at all times contributed to the advancement of " religion,
literature, morality, and the social virtues," will, we trust, be
deemed a sufficient pledge, to your Excellency, that during
the present year, the Senate v/ill not be unmindful of these pri-
mary duties, and that their attention will be unremittingly di-
rected to these most important and essential interests of the
Commonwealth.

As our collective and individual happiness rests, almost
exclusively on the support of religious and literary institutions,
the Senate will be prompted, at ail times, by a sense of per-
sonal as well as official duty, to regard them as the objects of
their first and most solemn consideration.

So far as " industry and economy," applied to the exten-
sion of useful manufactures, require the stimulus of Legisla-
tive patronage, we shall, at all times, be ready to concur, with
the other branches of the government, in appropriate measures
for their encouragement and reward.

Every enterprize which may tend to diminish our depend-
ence upon foreign nations, is a laudable effort of patriotism,
and in the present condition of the world has a peculiar claim
to the fostering aid of that government, which regards the
independence of the people, as the last boon they will be
willing to surrender.

The Senate duly appreciate " the numerous blessings,
political, civil, and religious," which, amid so many perils and
disasters, have been yet continued to us by a kind and indul-
gent Providence. In a firm, but humble reliance on the
future protection of Heaven, they beg leave to repeat their
assurances, of a cordial support in every exertion to advance
the best interests of their constituents, and to offer their fer-
vent prayers, that your Excellency's administration may con-
duce to your individual honour and happiness, and to the
dignity, order, and tranquillity of the Commonv/ealth.

i28

ANSWER

HOUSE OF REPRESENTATIVES.

Mjr ir PLEASE TOUR ExCELLENCr.

1 HE House of Representatives receive with pe-
culiar gratification your Excellency's communication to the
two branches of the Legislature. We view in it, principles
congenial with the nature of our free institutions ; and which,
if properly appreciated, cannot fail to promote the great inter-
ests of the State.

We are sensible, that the " measures'''* of our rulers, are
" the best criteria''^ by which to estimate their conduct. For
it is from them, that those results are to be obtained, which
conduce either to the happiness or misery of man. But still,
we conceive that there are other circumstances, which may
inspire a generous and becoming confidence. Long experi-
ence in the publick affairs ; assudious attention to the general
welfare ; a life devoted to offices of active patriotism ; and a
practical knowledge extending to the various objects of polit-
ical economy ; are considerations, which, in some degree,
will anticipate the publick confidence, even before the course
of administration is developed by its measures.

This Commonwealth forms an important member of the
national confederacy. Her population and resources ; her
wealth and enterprize ; already entitle her to an elevated
station in the great political family. To assign her a rank
which shall comport with these advantages ; and to impart to
her an influence commensurate vi^ith her real character ; ought
to be an important object with her citizens, and the first duty
of her government.

For the attainment of these ends it is necessary to cultivate
^ spirit of harmony v/ith the general government, and to cher-

ANSWER OF THE HOUSE. 29

ish the most friendly relations with our sister States. In sub-
jects of national concern, ilnd within the scope of the federal
constitution, it is no less our duty than our interest, to accom-
modate our will to the general sentiment of the Union. But
above all it is of the utmost importance to banish torever from
our councils ; and if possible from the minds of our citizens,
those distracting and illiberal prejudices, which aflect to divide
the nation into particular sections ; which attempt to dissem-
inate the belief of an opposition of policy and interests in
different portions of our country ; and mislead the publick
mind with ideas of a Northern or Southern, a Massachusetts
or Virginia domination.

On such a course of conduct, both on the part of the gov-
ernment and people, depends, under God, the safety of this
rising republick. For we cordially agree with your Excel-
lency, that '''• union is the vital principle of liberty .'''' Without
a reasonable coniidence in our national rulers, and a proper
respect for the other members of the body politick, our situa-
tion would be replete with evils. Internal disquiet would
form the best apology, and afford the highest encouragement
to foreign oppression. Dissension and discord would agitate
the publick mind. All those harmonies which endear the
social state, would be destroyed by feverish irritation. Dis-
affected individuals, whose object always is to rise to power
in the whirlwind of political convulsions, would foment the
state of publick commotion, till at length, amid the dangers
of intestine war, and foreign domination, this assylum of man,
this abode of freedom, would be plunged in irretrievable ruin.
Her fame and her glory subverted ; her dearest interests be-
trayed ; in an hour of afflicting calamity, the sun of her pros-
perity would forever set amid clouds and tempests.

Under a solemn sense of these considerations, and looking
forward to happier prospects, we can assure your Excellency
that the House of Representatives are disposed to draw " the
mantle of friendship" over any " past obnoxious measures,"
which may have attended the progress of legislation, in this
Commonwealth. Or if they should be remembered, it will
be not for the purpose of wantonly wounding the feelings of
their supporters, but as beacons, to point out to the future
politician, the rocks on which were almost wrecked, the union
and happiness, the prosperity and harmony of the whole Amer-
ican family.

30 ANSWER OF THE HOUSE.

In adverting with your Excellency to the convulsed state
of Europe, the mind involuntarily shudders at the afflicting
spectacle. A war exterminating in its nature, extends its
ravages, and what will be its final catastrophe is known only
to that Being " who maketh darkness his pavillion." In the
wide range of its desolation, inauspicious events have resulted
to the best interests of this country. England and France
without any pretext for complaint in relation to our conduct,
on the professed principle of annoying each other, have wan-
tonly introduced a system equally repugnant to the usages of
nations, the immunities of neutrals, and the dictates of justice.
Jn both nations we perceive the same spirit, modified to pur-
poses which will comport witli the actual situation of each.
England, on the one hand, in the insatiable spirit of commer-
cial monopoly, has interfered with some of the most beneficial
branches of our commerce ; in order to afford her own a more
unlimited expansion. On the other, the ruler of France, with
an ambition as inordinate, as his mind is vigorous and capa-
cious ; in his favourite scheme of bearing upon the commerce
of England, has violated the sanctity of neutral rights, and the
obligations of positive compact. The one with the mastery
of the ocean, and the other with the dominion of the continent,
have waged war upon our dearest interests ; and produced
incalculable private distress, and publick embarrassment. For
either of them there is no apology ; no excuse, which in the
moment of returning reason and candour, justice would not
blush to own. Instead of being benefactors to mankind ;
instead of promoting the prosperity of nations, and extending
the circle of human happiness, the destructive consequences
of their conduct, are felt in every quarter of the globe. This
House ardently desires, that this state of things may be chang-
ed. And although expectation is almost destroyed ; yet we
cannot forbear to hope, that these nations will return to a sense
of justice and of duty, that they will give to this country a
free enjoyment of those blessings which are her right, and of
which in a moment of lawless oppression she has been unjustly
deprived. In any event we feel confident, that under the
auspices of those whom the people have selected as the depos-
itories of their power, cemented by union and harmony, and
with the benignant interposition of that Providence who has
heretofore been " the stability of our times ; and the strength
of our salvation ;" the destinies of this republick will rise

ANSWER OF THE HOUSE. 31

superior to existing difficulties and be more jBrmly fixed in
the affections of our citizens and the respect of mankind.

We consider with your Excellency, the militia " as the
greatdepository of our liberty and independence," and as such
it will always receive our deliberate attention. In this happy
country, where the sovereignty resides in the people, who so
worthy to defend it as its legitimate proprietors ? who feel so
ardendy its sacred trust ; or would endure greater privations
to preserve it unimpaired ? our militia system is interwoven
with our social institutions ; and the protection of the one, is
indispensably requisite for the preservation of the other. At
all times to give to it force and efficacy, to adopt those im-
provements which have rendered modern warfare so formida-
ble ; to fortify and establish it in the publick sentiment ; and
to impart to it every aid which the constitution permits, are
duties which in co-operation with the other branches of the
government we trust will be faithfully performed.

W e sincerely concur in sentiment, with your Excellency in
relation to the Federal Government. We have been favoured
with a succession of wise and upright rulers ; whose best vin-
dication is to be found, in the increasing veneration of their
countrymen. — The present national chief magistrate posses-
ses those rare talents and comprehensive views which assimi-
late his policy to that of his predecessor. Under his guar-
dianship we feel a lively confidence that the prosperity of the
nation will progress with unabated vigour ; that our union will
be strengthened by his care ; and that the resources of private-
enterprize, developed and directed by publick arrangement.
will foster every institution which gives dignity to man ; and
adopt every improvement that extends the circle of our hap
piness.

The interests of religion, morality and literature, are of pe-
culiar concern. On them depend the maintenance of our free
constitutions, and those habits and sympathies which Vv ill pre-
serve them unpolluted. It is a truth incontestable that virtue
and knowledge are the main pillars in the temple of freedom.
Those who oppose our forms of government, and cavil at
their principles, affect to do it on the ground, " that the peo-
ple are their own worst enemies ;''"' without the knowledge to
discern their rights ; and without the virtue to pursue them ;
in opposition to the allurements of interest, and the dictates of
passion. Of how much importance then is it, that a dissemi-
nation of correct knowledge and a religion ^ " pure and unde-

32 ANSWER OF THE HOUSE.

filed," should engage the attention of Republican legislators*
That the light of the one and the benevolent purposes of the
other may be extended, and thai their streams may flow as free
as their fountains are unpolluted, are objects of transcendent
importance.

The protection of commerce and the application of our re-
sources to a pursuit of such vital consequence to the State, arc
by the federal constitution exclusively confined to the gen-
eral government. We feel the greatest assurance that zvith
them they will receive all the encouragement of which they are
susceptible The national administration, relying entirely on
commerce for support, will continue as they have done, to
protect its rights, from the insolent assumptions of a belliger-
ent world.

The interests of agriculture and domestick manufactures fall
peculiarly within the department of state legislation. \Ve con-
sider them as inseparable from our existence ; and as the basis
on which is elevated every social relation. To facilitate agri-
culture by every species of improvement ; by opening roads,
extending settlements, and applying legislative aid to its en-
couragement, cannot fail to engage our anxious solicitude.

The introduction and improvement of domestick manufac-
tures, we conceive also to be the introduction and improve-
ment of the domestick virtues. For while they render us, in
some degree, independent of other nations, they make us more
immediately dependent on our internal resources, and upon
our own habits of industry and economy. By supplying us
Avith the necessaries and conveniences of life, they enlarge the
circle of internal commerce ; and by contributing to the wants
of different sections of our common country, they invigorate
an aflection, which is the strongest bond of our union. And
on this occasion we cannot refrain from congratulation, on the
extensive introduction of domestick improvements. The
unjust conduct of foreign nations has compelled us to resort,
in some degree, to those resources, which divine Providence
has so bountifully allotted to this favoured country. And wc
consider it the sacred duty of this House, in co-operation with
the other branches of government, to direct the pubiick im-
pulse in such a manner, as to secure to us every advantage
which the domestick arts can afford.

We trust with your Excellency, that when " we reflect on
the numerous blessings, politieal,' civil, and religious," which
these United States enjoy, it will inspire us with the strongest

ANSWER OF THE HOUSE. 33

attachment to our beloved country. Removed from the vor-
tex of European politicks, we are rapidly progressing in every
species of improvement. Industry and enterprize mark the
character of our citizens ; and are ever certain of reaping their
rich rewards. Forming an asylum from the convulsions of
the old world, our population is augmenting by continual
emigrations. Under these circumstances we are compelled,
by every honourable motive, to resist the attem^pts of impru-
dent zealots," who would put in jeopardy our dearest interests.

To the course of your Excellency's administration, we look
with pleasing anticipation. We consider the past conduct of
public k characters, as the safest pledge of their future course.
And with impressions of this nature we feel assured that un-
der your guidance a spirit of harmony will pervade our coun-
cils ; that the national government and sister states, will receive
the respect which is their due ; and that the great interests of
the Commonwealth, under the fostering care of the government,
will receive every assistance they may need ; and every en-
couragement in our power to bestow.

Any other cmmunications from your Excellency shall re-
ceive that respectful attention to which they will be justly
entitled.

RESOLVES.

June 6, 1810.

Resolve for an additional Notary Publick in the county of
York. June 6, 1810.

Resolved, That there be one additional Notary Publick in
the county of York, to reside at Arundell.

II.

Resolve for an additional Notary Publick in the county of
York. June 6, 1810.

Resolved, That there be an additional Notary Publick ap-
pointed for the county of York, to reside at Saco.

III.

Resolve for an additional Notary Publick in the county of
Berkshire. June 6, 1810.

Resolved, That there be an additional Notary Publick ap-
pointed in the county of Berkshire, to reside in Adams.

IV.

Resolve for two Notaries Publick in the county of Somerset.

June 6, 1810.

Resolved, That there be two Notaries Publick for the coun=
ty of Somerset, one to reside at Norridgwock, and one at •
Fairfield.

36 - RESOLVES, June 8, 1810.

Resolve establishing the pay of the Council and Legislature.

June 8, 1810.

Resolved, That there be allowed and paid out of the Treas-
ury ot this Commonwealth, to each member of the Council,
Senate, and House of Representatives, two dollars, per day,
for each day's attendance the present session, and a like sum
for every ten miles travel from their respective places of abode
to the place of the sitting of the General Court, and that there
be paid to the President of the Senate, and Speaker of the
House of Representatives, two dollars per day for each and
every day's attendance, over and above their pay as members.

VI.

Resolve for staying execution against Joseph Stone. June 9,

1810.

On the petition of Joseph Stone of Harvard in the county
of Worcester, praying that an execution against him in favour
of the Commonwealth, which issued upon his recognizance
as surety for one Peter Perhani may be stayed to enable him
to raise the money for the discharge thereof.

Resolved^ That the said execution be stayed for the term of
one year : Provided, that such security be given by said Joseph
Stone, to the Sheriff of the county of Worcester, as he shall
deem sufficient to ensure the payment of the amount of said
execution with the interest thereon, at the expiration of said
term of one year.

vn.

Resolve on the petition of Lemuel Capen, granting him thirty
dollars^ in compensation for expenses mentioned. Jiuie 11,
1810.

On the petition of Lemuel Capen, praying for compensation
for his son Uriah Capen, a minor, in consideration of sickness
occasioned by fatigue, and being obliged to sleep on the damp
ground, when ordered out to guard the. Commonwealth's gaol
at Augusta in October last.

RESOLVES, June 11, 1810. 37

Hesohed, That there be allowed and paid out of the publick
Treasury, to Lemuel Capen, the sum of thirty dollars, in full
compensation for expenses incurred, and loss of time by sick-
ness, sustained by his son Uriah Capen, a minor, in conse-,
quence of being ordered out to guard the Commonwealth's
goal in Augusta, in October last.

VIIL

Mesolve on the petition of the Selectmen of Warehani. June

11, 1810.

On the petition of the Selectmen of the town of Wareham
in the county of Plymouth, praying that the Assessors
of the town of Wareham may be empowered to commit a
tax, made March 2, A. D. 1809, on the inhabitants of the
Narrows School District, so called, in said town, to one of
the Collectors of the said town of Wareham for the time be-
ing.

Resolved, For reasons set forth in said petition, that the as-
sessors of the town of Wareham be, and hereby are empower-
ed to commit said list of assessment, to one of the collectors
of taxes for said town the present year, with a warrant in due
form of law to enforce the collection of the same.

IX.

Resolve on the petition of Siisanah Alain, authorising the
Treasurer to issue a new note to her, in lieu of one lost.
June 11, 1810.

On the petition of Susanah Main, praying for a new note in
lieu of one lost.

Resolved, That the Treasuser of this Commonwealth be,
and he is hereby directed to issue a new State note for
twenty-six dollars and sixty-two cents, bearing the same num-
ber 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 Susanah Main first giving bonds to the satisfaction of
the Treasurer and his successors in office, conditioned to save
the Commonwealth harmless from ail demands therefor, on
account of the note said to be lost as aforesaid.

^B RESOLVES, June U, 1810.

Resolve on the petition of the Assessors of the town of Roches-
. ter. June 11, 1810.

On the petition of the Assessors of the town of Rochester,
for the year, eighteen hundred and seven, setting forth that the
inhabitants of the North School district in said town, some
time in the year eighteen hundred and seven, voted to raise
on the polls and estates of said inhabitants the sum of four
hundred and fourteen dollars, to pay for a School house which
the said inhabitants had purchased, which sum was actually
assessed on said inhabitants by the assessors of the said town
for the year A. D. 1807, and the bills of assessment commit-
ted to a collector without having been signed but by one of
the said assessors, which collector having collected a part of
said sum, has no authority to enforce the collection of the
residue, and praying that they the said assessors be authoriz-
ed to complete the said assessments.

Resolvedy For reasons set forth in said petition, the assessors
of the town of Rochester, for the year eighteen hundred and
seven, be and hereby are empowered to complete said assess-
ment ; and that their doings shall be as valid, as if they had
been done at the time of making the assessment, and before
the said bills had been committed to a collector for the pur-
pose of collection.

Resolve granting S159, 82, for the payment of certain persons
for services m Augusta, in protecting the gaol. June 12,

'isio.

On the petition of sundry persons, setting forth that they
were duly ordered out on duty to protect the Commonwealth's
gaol in Augusta, in October and November last, but were
inot regularly made up in the pay rolls of the companies to
which they respectively belonged.

Resolved, That there be allowed and paid out of the pub-
lick treasury to the persons named in the accompanying pay
roil, (numbered sixteen,) the sum ,^set against their several
names, amounting in the whole to one hundred and fifty-nine
dollars and eighty-two cents, in full for services rendered

RESOLVES, June 12, 1810. 39

while on duty in guarding the CommonweaUh's gaol at Au-
gusta.

And be it further resolved^ That his Excellency the Govern-
or, with advice and consent of the Council be, and he hereby
is authorized and requested to draw his warrant on the Treas
urer in favour of the agent or agents who were appointed at
the last session of the General Court, to receive the money
and pay off the troops employed in guarding said goal, for the
sum of one hundred and fifty nine dollars and eighty- two
cents, said agent or agents to be accountable for said sum,
and render an account and settle the same with the Governor
and Council as soon as may be,

(No. 16.)

Pay Roll of sundry persons detached, and ordered out on duty
in October 1809, to guard the Commonwealth's goal in
Augusta, whose names have been omitted to be made up
in the pay rolls for compensating the troops detached as
aforesaid in February 1810, as appears by certificates of
officers of the detachment, and of the conimandmg officer
of the same.

MAMES.

Reuben Smith, Ensign

Jonathan Porter, Drummer

Ebenezer Fifield, jun. Sergeant

David Hawes

Joseph Hutchinson, jun.

John Shepherd, jun.

Joseph Richards

Job H. Hoit

Daniel Foster

John Sherburne,

John Sherburne, jun.

John Reed

Henry B. Blackman

Nathaniel Paine

Levi Page, 2d

Elon Lyon

Nehemiah Briant

David Dyer

Benjamin Dearborn

William Hankerson

Days

attendance.

Amount.

S8 22

14 70

5 25

6 70

6 3

4 69

5 :^G

2 68

2 1

4 69

14 74

3 25

5 36

4 2

6 70

8 5 36

10 72

4 2

12 73

4 2

1S159 82

40 RESOLVES, June 12, 1810.

Martin Bradford

John Merrill - . _ .

Oliver Kelley - - -

John Cony . _ _ .

Joseph Thing -

John Reed . - . _

XI.

Resolve granting to Thomas Cumiingham, 2d. fifty dollars,

June 12, 1810.

On the petition of Thomas Cunningham, 2d. of Belfast, in
the county of Hancock, praying that he may be indemnified
for the loss of a horse, which was killed by the discharge of a
number of muskets, which discharge was made at said Cun-
ningham in the month of October A. D. 1807, by a number
of persons in disguise, and to him unknown, whilst passing
through the plantation of Green for the purpose of executing
the duties of his office as Deputy Sheriff.

Resolved^ For reasons set forth in said petition, that there
be paid out of the treasury of this Commonwealth, unto the
said Thomas Cunningham, 2d. the sum of fifty dollars, and
the Governor with the advice of Council, is hereby author-
ized and empowered to draw his warrant on the Treasurer of
this Commonwealth in favour of said Cunningham for the
aforesaid sum of fifty dollars.

XIII.

Resolve authorizing the Court of Common Pleas in Somerset-
to make allowance to the Judge of Probate. June 13, 1810.

On the petition of William Jones, Judge of Probate for the
county of Somerset, stating that his fees of office will not de-
fray the necessary expenses attending the discharge of the,
same, and praying an allowance for his services and expenses,
and it appearing that the same are insufficient. Therefore,

Resolved, That the Court of Common Pleas for said county
be, and they are hereby authorized and empowered to make
the Judge of Probate for said county for the time being, such
allowance for his services, in addition to the fees that are or

RESOLVES, June 13, ISiO. 41

rhay be established by law as they may judge reasonable and
just, to be paid out of the treasury of the said county. Provided
however^ That such allowance, together with such fees, shall
not exceed the sum of three hundred dollars per annum, from
the time of his entering into the duties of his office.

XIV.

Resolve authorizing Benjamin L.Oliver to sell estate ofAndrevj
Oliver. June 13, 1810.

Upon the petition of Benjamin Lynde Oliver of Salem, in
the county of Essex, physician, guardian of Andrew Oliver, of
Danvers, in said county, a person noncompos mentis.

Resolved, That the said Benjamin Lynde Oliver, guardian as
aforesaid, be and he is hereby authorized to sell, release, and
convey, for such consideration or considerations as he may
deem meet, all the right, title, and interest of said Andrew Oli-
ver, in and to the lands, tenements, and hereditaments, whereof
his father, Andrew Oliver, late of said Salem, Esq. deceased,
intestate, was disseized in his lifetime, and afterwards died
disseised as aforesaid, unto the tenant or tenants thereof re-
spectively, or to any person or persons now, or who may here-
after be in possession thereof claiming title thereto, and to
make, execute, and acknowledge any deed or deeds in this
behalf necessary and proper.

Provided however, That the said Benjamin Lynde Oliver,
shall before such sale or sales, gi\ e bond with sufficient surety
or sureties to the Judge of Probate for the county of Essex
aforesaid, to account for the proceeds of such sale or sales
according to law.

And he it further resolved. That if any guardian or guardians
shall hereafter be appoinded over the said Andrevv, the son, by
reason of the determination of the guardianship of the said Ben-
jamin Lynde Oliver, by death or otherwise, or if any guardian
or guardians shall be appointed over any other of tiie heirs
of the said Andrew the intestate, then and in every such case,
such guardian or guardians, be, and hereby are authorized to
sell, release, and convey, for such considerations as they may
deem meet, all the right, title, and interest of their respective
wards, in and to the lands, tenements and hereditaments, where-
of the said Andrew the mtestate died disseized as aforesaid, to
the tenent or tenants thereof respectively, or other person ©r

42 RESOLVES, June 13, 1810.

persons in possession thereof as aforesaid, in manner as afore-
said : P?-ovided, Such guardian or guardians, shall first give
bonds with sufficient surety or sureties to the said Judge of
Probate, to account in manner as aforesaid.

Ajid be it further resolved^ That nothing in this resolve shall
be construed, to effect or impair a certain resolve passed on
the petition of Sarah Oliver, of said Salem, widow, on the four-
teenth day of January A. D. one thousand eight hundred and
eight.

XV.

Resolve remitting to James Goddard and James Goddard^ jun.
200 dollars. June 13, 1810.

On the petition of James Goddard and James Goddard, jun.
praying for relief against a recognizance, wherein the said
James Goddard and James Goddard, jun. were severally bound
in the sum of four hundred dollars, for the appearance of Caleb
Fairbank, at the Supreme Judicial Court in the county of
Worcester.

Resolved, For reasons set forth in said petition, that two
hundred dollars of the said four hundred dollars be, and the
same are hereby released, and remitted to each of the said
petitioners, their heirs, executors, and administrators : Provid-
ed, they pay to the Sheriff of said county, before the next term
of said Court in the aforesaid county, each two hundred dol-
lars and cost.

XVI.

Resolve empowering Edward JFade to sell estate of Edward
Oliver. June 13, 1810.

On the petition of Edward Wade, jun. of Maiden, in the
county of Middlesex, guardian to Edward Oliver, of said
Maiden, a spendthrift, praying for licence to sell and pass
deeds to convey the whole of the said Edward Oliver's real
estate, for the payment of his just debts, expenses of guardi-
anship, &c.

Resolved, For the reasons set forth in said petition, that the
said Edward Wade, jun. guardian as aforesaid, be, and he is
hereby authorized and empowered to sell at publick vendue,
and pass deeds to convey the whole of said Edward Oliver's

RESOLVES, June 13, 1810. 43

/eal estate, for the purposes in said petition stated. Provided,
the said Edward Wade, jun. shall first give bond with sufB-
cient sureties to the Judge of Probate, for said county of
Middlesex, and his successor in said office, that he will ob-
serve the rules and directions of law for the sale of real estate
by guardians, and that the proceeds of said sale after paying the
said Edward Oliver's just debts, expenses of guardianship, and
incidental chcirges, shall be put at interest on good security for
the said Edward Oliver's benefit, and that the same shall be
accounted for according to law.

XVII.

Resolve for granting several county taxes. June 13, 1810.

Whereas the Treasurers of the following counties have laid
their accounts before the Legislature for examination, which
accounts have been examined and allowed. And whereas the
clerks of the Courts of Common Pleas 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 the sums necessary to
discharge the debts of the said counties.

Resolved^ 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, as-
sessed, paid, collected, and applied for the purposes aforesaid
according to law.

Plymouth, four thousand dollars - - - S4,000

Bristol, three thousand dollars - - - - 3,000

Dukes County, six hundred dollars - - - 600

Somerset, two thousand and one hundred dollars, - 2,100

And it is further resolved^ Eleven hundred dollars of the
sum hereby ordered to be raised in the county of Somerset
for the year ensuing, shall be appropriated for the purpose
of building a stone goal for the said county.

XVIIL

Resolve making an addition to the salary of Jacob Kuhn. June

14, 1810.

Resolved, That there be allowed and paid out of the pub-
lick treasury, to Jacob Kuhn, three hundred and fifty dollars

44 RESOLVES, June 14, 1810-.

for the present year, comniencing the thirtieth day of May
last, to be in addition to the sum of four hundred dollars
allowed hirn by a resolve of March 26, 1793, establishing the
pay of the messenger of the General Court.

XIX.

Resolve granting Quarter Master General Jive hundred dollars
to purchase Regimental Colours^ csPc. June 14, 1810.

Resolved^ That the sum of five hundred dollars be, and the
same hereby is appropriated out of any monies in the trersury
of this Commonwealth not otherwise appropriated, for the
purpose of providing State and Regimental colours, and such
instruments of musick as are required to be furnished, by
an act entitled " An Act for regulating and governing the
militia of this Commonwealth," and the Governour with the
advice of Council, is hereby authorized and directed, to
draw his warrant on the Treasurer of this Commonwealth
for the same sum, in favour of Amasa Davis, Esq. Quarter
Master General of this Commonwealth, and the said Quarter
Master General is hereby made accountable for the same.

XX.

Resolve establishing the salaries of the Lieutenant Governour^
Secretary^ and Treasurer. June 14, 1810.

Resolved, That there be allowed and paid out of the treas-
ury of this Commonwealth, to his Honour the Lieutenant
Governour thereof, the sum of five hundred and thirty three
dollars and thirty three cents, for his salary for one year from
the thirty-first day of May last.

Also to Benjamin Romans, Esq. Secretary to the Com-
monwealth, the sum of fifteen hundred dollars for his salary
for one year from the sixth day of June current, he to be ac-
countable at the end of the year, for all the fees of oflice he
shall have received. And to the Treasurer and Receiver
General of this Commonwealth, the sum of two thousand dol-
lars for his salary for one year from the sixth day of June cur-
rent, and that all the aforesaid salaries be paid in quarterly
payments, as they shall become due.

RESOLVES, June 14, 1810. 45'

XXI.

Resolve on the petitmi of John Watson^ Esq. Henry Prentiss,
JEsq. ajul Bartholomew Chever, Gent. June 14, 1810.

Upon the petition of John Watson, Esq. of Sturbridge,
Henry Prentiss, Esq. and Bartholomew Chever, Gent, both
of Princeton, and all in the county of Worcester, setting forth
that they were bound to the Judge of Probate for the county
of Worcester, for the due execution of the will, and payment
of all the debts due from the estate of his Honor Moses Gill,
deceased, and that judgment has been recovered against them
upon said bond, in favour of this Commonwealth, for the sum
of five thousand four hundred and sixty Q.'m\\t dollars --^

, .1 O I o o

debt, and eighteen dollars and nnie cents costs of suit, and
also that Ward Nicholas Boylston, Esq. has entered into an
obligation to indemnify them against said claim, but that he
hitherto refuses to do the same, that they arc not able to pay
and discharge the same debt from any personal estate of their
own, nor to make sale of the real estate of which they are
respectively possessed by reason that they derive their title to
the same, under the will of said Moses Gill deceased, and the
Same is subject to the payment of his debts, and praying for
some relief in tiie premises. Therefore,

Rescflved^ That the said John Watson, Henry Prentiss, and
Bartholomew Cheever be, and hereby are authorized to make
their joint and several promissory note to the Treasurer of this
Commonwealth for the time being, and his successor in that
office, for the sum which may be adjudged by the Supreme Ju-
dicial Court, to be recoverable in favour of the Commonv/ealth.
on said judgment in the suit of sire facias, now pending there-
on, said note to be payable in two years from the date thereof,
with interest till paid, and also that the said John, Henry, and
Bartholomew, cause to be made out, and duly executed, and
registered, good and sufficient deeds of mortgage, of estates
now held by them as aforesaid, within said county of V'orces-
ter, to the value often thousand dollars in the estimation of the
Hon. Jonas Kendall, Esq. who is hereby authorized to make
such estimate, and to superintend the making sjjuch mortgages
on behalf of this Commonwealth, and upon such note and
mortgages being delivered to the said Treasurer as aforesaid,
and all costs and ji^harges, which may have in any wise arisen
upon the said judgment, being paid to the Attorney General of

46 RESOLVES, June 14, 1810.

this Commonwealth, that then the said Treasurer be, and
hereby is authorized to discharge the said John Watson, Hen-
ry Prentiss, and Bartholomew Cheever from the judgment
aforesaid : Provided nevertheless , That nothing herein before
contained, shall be construed as a release or discharge of the
original judgment in favour of this Commonwealth, or in fa-
vour of any Treasurer of this Commonwealth against the
estate of his Honour Moses Gill deceased, whereon the judg-
ment of the said John Watson, Henry Prentiss, and Bartholo-
mew Cheever was founded, but the said judgment shall be,
and remain as good and valid in law, to all intents and purposes
as the same now exists, until the final payment and discharge
of the note aforesaid, any thing herein before contained to the
contrary notwithstanding.

xxn.

Resolve for paying several members who were omitted on the
pay roll of the last JVinter Session. June 14, 1810.

Resolved^ That there be granted and paid out of the publick
treasury, to the several persons herein named, the sums set
against them respectively, being their pay as members of the
House of Representatives, and omitted to be entered on the
pay roll, of the last winter session.

Thomas Parsons, of Gloucester, in the county of

Essex, seventeen days — thirty four dollars. jS34 00

John Tucker, Gloucester aforesaid, twenty six days,

fifty two dollars. ' 52 00

Samuel Niles, of Abington, in the county of Plym-
outh, five days — ten dollars. 10 00

David Townshend, of Waltham, in the county of

Middlesex, thirty-six days — seventy two dollars. 72 00

S168 00

And his Excellency the Governour with advice of Council, is
requested to issue a warrant on the treasury for the payment
thereof accordingly.

Be it further resolved^ That the Treasurer of this Common-
wealth be, and he hereby is directed to charge eighty-six dol-
lars to said town of Gloucester, also that he charge ten dollars
to said town of Abineton, also that he charge seventy-two

RESOLVES, June 14, 1810. 47

dollars to said town of Waltham, to the end that the several
sums aforesaid, may be included in the next state tax bill, as
a part of the sums to be required of the said towns respectively
to pay.

XXIII.

Hesolve on the petition of Samuel Richardson and others, of
Methuen. June 14, 1810.

On the petition of Samuel Richardson, Joseph Griffin, jun.
Jonathan Griffin, Aaron Sawyer, and Oliver Whiteer, ail of
Methuen in the county of Essex, setting forth that a publick
highway has been laid out and established through their land,
and that they have been prevented by a transfer of the powers ,
of the Court of Sessions to the Court of Common Pleas, from
applying in season to the Court of Common Pieas for a Jury
to estimate the damages they have sustained, by reason of
the laying out of the said highway.

Resolved, For the reasons set forth in the said petition, that the
said Samuel Richardson, Joseph Griffin, jun. Jonathan Griffin,
Aaron Sawyer, and Oliver Whiteer be, and they are hereby
severally authorized and empowered to apply to the Court of
Common Pleas to be holden in the county of Essex aforesaid,
next after the passing of this resolve, for a Jury to estimate the
said damages, and the said court is hereby authorized and
empowered to hear and finally determine the damages, v/hich
the said petitioners have sustained by reason of the laying out
of the said publick highway through their land as aforesaid,
by a Jury under oath to be summoned by the Sheriff or his
Deputy for that purpose, in the same way and manner as they
might have done, if the said petitioners had applied to the said
court holden next after the acceptance of the report of the
committee who laid out the said highway.

XXIV.

Rrsolvefor paying the committee on accoufits. June 14, 1810-

Resolved, That tJiere 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 at-
tendance on that service during the present session, the sums

48 RESOLVES, June 14, 1810.

annexed to their names respectively, in addition to their pay
as members of the legislature :

Hon. Nathan Willis, nine days, nine dollars.

Hon. Israel Bartlett, nine days, nine dollars.

Thomas Hale, nine days, nine dollars.

David Perry, nine days, nine dollars

Nathan Fisher, nine days, nine dollars,
which sums shall be in full for their services aforesaid respect-
ively.

XXV.

Resolve for paying the Clerks of the General Court. June

14, 1810.

Resolved, That there be paid out of the publick treasury,
to Nathaniel Coffin, clerk of the Senate, and to Charles P.
Sumner, clerk of the house of Representatives, one hundred,
and fifty dollars each, and also to Samuel F. M'Cleary, assist-
ant clerk of the Senate, and to Thomas Wallcut, assistant
clerk of the House of Representatives, one hundred dollars
each, in full for their services in said offices the present session
of the General Court.

XXVI.

Resolve establishi?ig the pay of the Clerks in the Secretary's
and Treasurer'' s Offices. June 14, 1810.

Resolved, That there be allowed and paid out of the Treas-
ury of this Commonwealth to the first Clerk in the Secretary's
Office, three dollars and eighty-four cents per day, and to each
of the other Clerks in said office three dollars per day, for each
day they are respectively employed therein for one year, com-
mencing the first day of the present month of June.

And be it further resolved. That there be allowed and paid
out of the treasury aforesaid, to each of the two clerks in the
Treasurer's office, the sum of three dollars and eighty-four
cents for each day they are respectively employed therein, for
one year commencing the first day of the present month of
June.

RESOLVES, June 14, 1810. 49

XXVII.

Resolve granting Jacob Kuhn 750 dollars, to purchase fuel,
^c. June 14, 1810.

Resolved, That there be allowed and paid out of the treasury
of this Commonwealth to Jacob Kuhn, messenger of the Gen-
eral Court, the sum of seven hundred and fifty dollars, to
enable him to purchase fuel and such other articles as may be
necessary for the use of the General Court, together with the
Governor and Council Chamber, the Secretary's and Treas-
urer's offices, he to be accountable for the expenditure of the
same.

XXVIII.

Resolve in favour of Sylvanus Lapham» June 14, 1810,

Resolved, That there be allowed and paid out of the publick
treasury of this Commonwealth unto Sylvanus Lapham, assist-
ant to the Messenger of the General Court, for extra service,
twenty-five dollars over and above his usual pay, in full for
said service the present session of the General Court.

XXIX.

Resolve on petition of the Trustees of Sandwich Academy, ex-
tending time for locating lands. June 14, 18 1^'.

Upon the petition of the trustees of Sandwich Academy^
praying for further time to locate the land granted to said
Academy February, 1804.

Resolved, For reasons set forth in said petition, that there
be allowed to the said Trustees, for the purpose of locating
said land, the further time of two years from the passing of
this resolve.

XXX.

Resolve for paying the commissioners appointed to inspeet the
Penobscot Bank. June 14, 1810.

Resolved, That there be allowed and paid out of the publick
treasury to the several persons hereafter mentioned, the sums

50 RESOLVES, June 14, 1810.

set against their names respectively, amounting in the whole
to one hundred and one dollars and twent} -five cents, in full
discharge and satisfaction for their services and expenses in
examining the doings of the Penobscot Bank, in pursuance
of a resolve of the last General Court, viz.

To Nathan Reed, Esq. - - - - S3 1 75

To Phineas Ashmun, Esq. - - - - 31 75
To John Davis, Esq. - - - - 37 75

And that the Governour with the advice of Council be request-
ed to draw his warrants on the Treasurer for the several sums
aforesaid, in favour of the said persons respectively.

XXXI.

Resolve granting Roger Himnewell 10 dollars in addition to his
pension. June 14, 1810.

On the petition of Roger Hunnewell who has been a pen-
sioner for more than sixty years, and has received the sum of
forty dollars annually from this government, and prays for
further allowance.

Resolved, For reasons set forth in said petition that there be
allowed and paid out of the treasury of this Commonwealth
to the said Roger Hunnewell, the sum of ten dollars annually
in addition to his present pension, and that the Governor
with advice of Council is hereby requested to issue his war-
rants on the Treasurer for the payment of the same.

XXXII.

Resolve on the petitio7i of James Bowdoin, and Thomas JL.
IFinthrop, Esquires. June 14, 1810.

Upon the petition of James Bowdoin and Thomas L. Win-
throp. Esquires, as they are executors of the last will and
testament of Elizabeth Lady Temple, late of Boston, in the
county of Suffolk, deceased, praying that said Thomas may
be authorized to execute certain contracts for the transfer of
real estates which were the property of the said Elizabeth
Lady Temple.

Resolved, That the said Thomas L. Winthrop be, and he is
hereby authorized and empowered to perform and execute any

RESOLVES, June 14, 1810. 51

contracts (whether the same be under seal or otherwise)
which were duly made and entered into by the said Elizabeth
in her life time, for the conveyance of any real estate, or where
any such contracts were made by said Elizabeth Lady Temple
by attorney, or where the consideration was actually paid or se-
cured to be paid to her by bond, note, or otherwise. And for
this purpose to make and execute good and sufficient deeds of
conveyance, which deeds when so made and executed, shall
be good and valid to pass any such estate as fully and effectu-
ally, as the same might have been conveyed by the said Eliza-
beth Lady Temple in her life time, and the said Thomas L.
Wrnthrop shall be holden to account before the Court of Pro-
bate for the use of the heirs or legatees for all monies he
may receive in the completion of such contracts.

xxxm.

Resolve on the petition of Augustus Johnson, authorizing the
Supreme Judicial Court to grant a review. June 14, 1810,

On the petition of Augustus Johnson of Cambridge, in the
county of Franklin, and state of Vermont, trader, praying that
he may be allowed to review an action against him, in favour
of Rufus Harvey, of Granville, in the county of Hampshire, in
which judgment was rendered at the Court of Common Pleas
holden at Northampton, within and for the said county of
Hampshire,on the Monday next preceding the second Tuesday
of January, in the year of our Lord eighteen hundred, against
the said Augustus upon default, and stating that he had no
knowledge of the said suit, until after the rendition of said
judgment.

Resolved, For reasons set forth in said petition, that the
Justices of the Supreme Judicial Court, are hereby authorized
to grant a review of the can sd* aforesaid, upon the application
of the said Augustus, in the same way and manner they might
have done, if the said Augustus had applied therefor,"^ within
three years after the rendition of the judgment aforesaid :
Provided, The said application shall be made to the said court
at the next term thereof, holden within and for the said county
of Hampshire.

52 RESOLVES, June 14, 1810,

XXXIV.

Resolve making an appropriation for the State Prison. June

14, 1810.

Resolved^ That his Excellency the Governor, by and with
the advice of Council, be, and he is hereby authorized to draw
WcUTunts upon the Treasurer of this Commonwealth, in favour
of the superintendant of the State's Prison for such sums, at
such periods as may be deemed expedient by the Governor
and Council, not exceeding six thousand dollars, to enable
said superintendant to peribrm his contract and defray the
expenses of said prison the present year, he to be accountable
for the same,

XXXV.

Resolve granting a tax for the county of Norfolk. June 14,

1810.

Wheaeas it appears from the representation from the mem-
bers of this House from the county of Norfolk, that the esti-
mate for a county tax, together with the Treasurer's account,
were exhibited at the last session of the last General Court,
and that the same have been mislaid and are not to be found
on the files of the house, and the clerk of said county of Nor-
folk has now exhibited an attested copy of said estimate made
in December 1809, amounting to three thousand five hundred
dollars. Therefore,

Be it resolved, That the estimate made by the Court of Com-
mon Pleas for s.iid county in December 1809, amounting to
three thousand five hundred dollars, be granted as a county-
tax, for the county of Norfolk, for the current year, to be
appropriated, assessed, collected, paid in and applied for the
purposes for which it was granted, and according to law.

And it is further resolved. That the Treasurer of said county
shall be obliged to exhibit at the next session of this Court,
an attested copy of his account current for the expenditure of
the tax for the last year.

XXXVI.

Resolve on the petition of William Bucknam. August 15, 1810.

On the petition of William Bucknam, administrator on the
estate of Mary Bucknam, late of Columbia in the County of
Washington,

RESOLVES, August 15, 1810. 53

Resolved^ That the said William Bucknam be, and he hcre-
jby is authorized and empowered to convey by deed, to Wil-
liam Gray, all the right, title, and interest of which the said
Mary Bucknam died seized or possessed, in the lot of land
numbered fifty, in the town of Harrington, in said county of
Washington, containing one hundred acres, more or less.

Also, to Nathan Whitney, jun. all the right, title, and inter-
est of which the said Mary Bucknam died seized or pos-
sessed, in a lot of land containing fifty acres, situated in Co-
lumbia aforesaid, bounded as follows, viz. beginning at the
river, at the north east corner of land owned by Capt. Nathan
Whitney, thence running west to the town line, thence north
seventy -two rods, thence east to the river, and by the river to
the first mentioned bounds.

Also, to George Tinney, all the right, title, and interest of
which the said Mary Bucknam died seized or possessed, in
a lot of marsh in said Columbia, bounded as follows, viz. be-
ginning at the river, at the town line of Addison, thence run-
ning west to land owned by John M'Kinsey, thence by said
land to marsh owned by Thomas Ruggles, Esq. thence south
sixty-eight degrees east to a creek, thence by said creek to
the first mentioned bounds, containing four acres and ninety-
four rods.

Also, to Edward Cox, all the right, title, and interest of
which the said Mary Bucknam died seized or possessed, in
two lots, bounded as follows, viz. One lot beginning at the
south west corner of land owned by Matthew Cofiin, jun. in
said Columbia, from thence running north eighty-six rods to
a stake and stones, thence west ninety-two rods to the first
mentioned bounds, containing forty-nine and an half acres ;
and also one other lot bounded as follows, viz. beginning by
the river in said Columbia, on land owned by the Hon. Levi
Lincoln, thence running east one hundred and two rods to a
stake and stones, thence south seventy-six rods, thence west
ninety rods to the river, and by the river to the first mentioned
bounds, containing fifty and an half acres.

.r.This Resolve did not receive his Excellency's signature until the loth of August,
because the petition was inislaid, but is now found]

54 RESOLVES, June 14, 1810.

Roll No. 63. ...June, 1810.

The Committee on accounts having examined the several
accounts they now present,

REPORT, That there are due to the corporations and
persons hereafter mentioned, the sums set to their names
respectively ; which, wlien allowed and paid, will be in full
discharge of the said accounts to the several dates therein men-
tioned ; which is respectively submitted.

NATHAN WILLIS, Per Order.

PAUPER ACCOUNTS.

Town of Alford, for boarding, nursing, and doctoring
Keziah Loverage to May' 14th, 1810, S117

Adams, for boarding and clothing Freeman Black-
ley, and Darley's two children, Anna Warren and
Susanna Camp to 24th May, 1810, 63 58

Abington, for boarding and clothing Thomas Sey-
mour to 4th June, 1810, 29 20

Addison, for boarding, nursing, and doctoring Rob-
ert Martin to 20th July, 1808, ^ 85

Buckland, for boarding, clothing, and nursing Wil-
liam Neagus to 24th May, 1810, 35

Brookfield, for boarding, clothing, and doctoring
George Baslington to 1st May, 1810, and Thomas
Boyd and Prince Brown to 27th May, 1810, 124 42

Becket, for boarding, nursing, and clothing Sally
Leonard and Hiram Leonard to 21st May, 1810, 43

Boxborough, for boarding and clothing John McKoy
to 24th May, 1810, 62

Bridgwater, for boarding and clothing William
Blackley, Frederick Bignor and Michael Ryan to
7th June, 1810, 68 2^5

Bristol, for boarding and clothing William How and

Lewis Joiace to 1st June, 1810, 80 74

Brimfield, for boarding and doctoring John Christian,
to 31st May, and Peter Brown to the time of his
death, including his funeral charges, 39 50

Bradford Samuel, for supporting poor prisoners in

gaol in Boston to 30th May, 1810, 301 70

Brookline, for boarding and clothing Jacob Harvey

to 23d February, 1810, ' 67 20

RESOLVES, June 14, 1810. 55

Boston, for boarding, clothing, and doctoring sundry

paupersto 1st June, 1810, ^ S7257 54

Charlemont, for boarding and clothing Hannah

JNlcNiel to 22d January, 1810, _ _ 54 18

Clieshirc, for boarding and clothing Ephriam Rich-
ardson,'Clarissa Newcoinband child, and supplies
and doctoring William Davis and fau.ily to 23d
May, 1810, 197 25

Carlisle, for boarding and clothing Robert Barber to

26th May, 1810, ' . ^^ ^^

Cape Elizabeth, for boarding, clothing, and nursing
Abraham Bircks, and James Ramsbottom to 21st
May, 1810, ^ ^ _ 70 29

Dartmouth, for boarding and clothing John Quinal

and Emanuel Gust to 20th May, isiO, 130 2

Douglas, for boi-rding Betsey Trifle to 15th May,
. 1810, ^ . " 19 7

Daavers, for boarding, clothing, and doctoring Jane
Duckley, Mary Duchfield, Sukey Hornsby, Ruth
Persons Edward Furlong, George Campbell, Na-
thaniel Berry, Nancy Kenny, Mary Fox and child,
Jeremiah Belrose, and George Brown, to 11th
June, 1810. 199 42

Doggett Samuel, for supporting Alexander Thomp-
son, a poor debtor in prison, to 18th October, 1809, 14 57

Deblois George, keeper of the alms house in Boston,

to 1st June, 1810, .499 70

Edgartown, for supporting Joseph Hassey, a poor
debtor in gaol, and Christian Carston in full for
boarding, nursing, and doctoring, to 3d May,
1810, 60 27

Easthampton, for boarding, clothing, and doctoring

John Hall to 30th May,' 1810, ' 22 25

Easton, for boarding, clothing, and doctoring An-
thony Morrill and Edward Johnson to 25th Mav,
1810, ' 40 53

Florida, for supporting the children of Amos El-

dridge to 23d May, 1810, 119

Granby, for boarding, clothing and doctoring Eben-

ezer Darwin, to 28th May, 1810, 37 2

Gloucester, for boarding and clothing sundry paupers

to 10th May, 1810, ^ ' ' 781 50

56 HESOLVES, June 14, 1810.

Great Barring-ton, for boarding and clothing Isaac,
Catharine, and Mary Hoose, John Whittie, Cla-
rissa Lindsey, and Anne Rathbon to 26th May,
1810, SlOl 98:

Granville, for boarding and clothing George Taylpr

to 1st May, 1810, ' ' 23 25

Greenwich, for boarding, clothing, and doctoring *

John Howard, John Baily and wife, Elizabeth
Huntington, and William Rife, to 5th June, 1810, 99 44

Gill, for boarding and clothing Sarah Hambleton,

Samuel Lyons and wife to 24th May, 1810, 53 45

Hambleton, for boarding, clothing, and doctoring

Molly Moncrief to 5th April, 1810, 61 67

Hancock, for boarding Rebecca Osborne to 10th

May, 1810, 15 90

Hodgkins, Joseph, keeper of the house of correction
in Ipswich, for boarding and clothing Mary, a black
woman, Adeliade, Huldah, Hicks, John Squires,
and James Cahoon, to 6th June, 1810, including
the allowance made by the Court of Common
Pleas, to 21st March 1810, 373 60

Hingham, for boarding and clothing George Farmer

and Jezera Crafts to 1st June 1810, 49 74

Hiram District, for boarding and clothing Daniel
Hickey to 14th May, 1810, 24

Hutson John, underkeeper of the gaol m Salem, for
boarding sundry poor debtors, confined in gaol
to 4th June, 1810, 88 71

Lee, for boarding and doctoring Savory Church and
child, and supplies to Jonathan Blackman and wife
to 24th May, 1810, 28 98

Longmeadow, for boarding and doctoring Betsey

Melrose to 30th May, 1810, 7

Lenox, for boarding and clothing Abraham Palmer

to 25th May, 18 io, 33 94

Lincolnville, for boarding and clothing Timothy Cox

and Alexander White to 3d June,'l810, 72 20

Leicester, for boarding and clothing Lydia Dunham

to 1st June, 1810, 15 30

Lanesborough, for boarding and clothing Jerusha
Welsh and William Tracey, to 1st June, 1810,
and Dent Harrisson to the time of his death, 73 67

RESOLVES, June 14, 1810. 57

Leyden, for boarding, doctoring-, and clothing Jedi-
diah Fuller and wife, Ruth Abel, and Elizabeth
Waggoner, to 27th May, 1810, ms 92

Middleborough, for boarding, clothing and doctoring-
John Fitzgerald, to 10th January, 1810, and Wil-
liam Pike to 10th April, 1810, ' 170 45

Montague, for supplies and doctoring Joshua Searle

to lOth May, 1810, 58 47

Marblehead, for boarding and clothing- sundry pan -

ers, to 5th June, 1810^, * 357 50

North- Yarmouth, for boarding, clothing and doctor-
ing William Campbell, to 31st May 1810, 34 25

Northfield, for boarding and doctoring Richard

Kingsbury, to 25th May, 1810, 35 80

Nevvburyport, for boarding, clotliing, and doctoring

sundry paupers, to 1st June 1810, 1247 72

Newbury, for boarding, clothing and doctoring sun-
dry paupers, to 1st June 1810, 937 58

New Salem, for boarding and clothing two children

of Olive Bedicent, to 4th April, 1810, 49 50

Portland, for boarding, clothing, and doctoring sun-
dry paupers, to 1st June, 1810, " 1031 32

Parker Thomas, jun. for doctoring State paupers in

the alms-house in Boston to 15ih May, 1810, 400

Pittsfield, foi boarding, nursing, and doctoring Peter
Huen, Jonathan Spear, and William Clark, includ-
ing clothing to 3d June, 1810, and Sarah March
and child, to the time of their death, including
funeral charges, 184 5

Readfield, for boarding clothing, and doctoring Col-
lin Cameron and Edward Burges to 17th Mav,
1810, ' 69 27

Randolph, for supplies to John Cole to 21st May,

1810, 19 34

Rowe, for boarding and clothing Betsey Carpenter

to 23d May, 1810, 27 50

Russell, for supplies to John Newton and wife to

23d May, 1810, 31 79

Swanzey, for boarding and clothing Thomas Conally

to 11th May, 1810, 23 51

St. George, for boarding and clothing Robert Hawes,
Eleanor Matthews, and William Benson to 2d
June, 1810, 132 60

58 RESOLVES, June 14, 1810.

Salcm, for boarding and clothing sundry paupers to

4di June, 1810, ^ S1234 57

Sandisficld, for boarding, clothing, and doctoring
Richard Dixon, wife, and children, Eliza Dandoo
and Mary Rogers to 21st May, 13 10, 44 23

Tisbury for boarding and doctoring Henry M'Kin-
sey, James Lynder, Richard Roberts, Henry Lun-
day, and Peter Thomas to the time they left the
Commonwealth, 137 44

Topsham, for boarding, clothing, and doctoring

William Proctor to 28th May, 1810, 96 54

Troy, for boarding and doctoring William Braw to
the time of his death, including funeral charges, 27

Vassalborough, for boarding, clothing, and doctoring
James Leister and Abigal Fairbrother to 26th May
1810, ^ 48 96

Washington, for boarding and clothing Phebe Clark

to 25lhMay, 1810, 17 17

Windsor, for boarding, clothing, and doctoring Hen-
ry Smith to 9th May, 1810, 33 66

Warwick, for "boarding and clothing Samuel Griffith

to 29th May, 1810, ^ 25 33

Wiilbraham, for nursing and doctoring Phillip Lewis
to the time of his death, including funeral charges, 17

Wrentham, for boarding, clothing, and doctoring
Comfort Lauton and Elizabeth Taylor to 7th May,
1810, 116 3

Williamston, for boarding and clothing Robert Mor-
rill, Stephen Blue, James M'Cartha, and Rachel
Galiisha to 23d May, 1810, 94 1

West Springfield, for boarding and doctoring Wil-
liam Bt'il'and James Aldridge to 21st May, 1810, 36 26

Worcester, for boarding, clothing and doctoring Pe-
ter Willard, Henry Bratz, Sally Melvin, and Nathan
Heard, a poor debtor confined in gaol, to 1st
June, 1810, 92 46

Westford, for boarding and clothing Phillip Jackson

and Christopher Shepard to 7th June, 1810, 36 75

Total Paupers, 818,696 79

RESOLVES, June 14, 1810.

MILITARY ACCOUNTS.

Courts Martial and Courts of Inquiry.

Thayer Samuel M. for the expense of a Court
Martial, held at Roxhury, 18th January, 1810,
whereof George Ellis was President,

Brigade Majors and Aids -de -Camp.

Barstow Samuel, to 1st June, 1810,
Elwell Robert, to 15th February, 1810,
How Este, to 28th May, 1810,
Tinkham Seth, to 22d February, 1810,
Talbot Peter, to 1st January, 1810,
Whiting Timothy, to 12th June, 1810,

Adjutants.

Boyd Willard, to 1st June, 1810,
Bass George, to 10th April, 1810,
Boynton Joseph, to 27th June, 1809,
Blossom Alden, to 1st May, 1810,
Clap Ebenezer, to 30th June, 1809,
Dana Isaac, to 4th June, 1810,
Frost Daniel, to 29th January, 1810,
Harrington. Joseph, to 3d March, 1810,
Jewitt Caleb, to 26th May, 1810,
Libby Nathaniel, to 1st January, 1810,
Lambert John, to 3d December, 1809,
Ripley James W. to 30th September, 1809,
Sayles Richard, to 9th May, 1810,
Sears Joseph, to 14th May, 1810,
Stern William, to 1st May, 1810,
Taft Haslington, to 4th April, 1810,
Wilmud David, to 30th September, 1809,
Ware Jason, to 1st June, 1810,
Walker Peter, to 9th May, 1810,

Expense for Horses, to haul Artillery.

Burt Moses, jun. to 6th June, 1810,
Ford Noah, to 1st June, 1810,

gl20 24

122

6:^

.58

:^5

6© RESOLVES, June 14, 1810.

Wiggen Joseph, to 20th May, 1810, SIO

Plummer Addison, to 4th June, 1810, 8

Seaver Joseph, to 1st November, 1809, 8 75

Alden Peter O. to 29th May, 1810, 12

Total Military, S992 35

SHERIFFS' AND CORONERS' ACCOUNTS.

Bridge Edmund, for returning votes for Governour,
Lieutenant Governour, and Senators to 17th May,
1810, 14 50

Bowen Nathan, for expense of taking inquisition on

the body of Margaret Murson, 14th April, 1810, 20 40

Cooper John, for returning votes for Governour,
Lieutenant Governour, and Senators to 15th May,
1810, 57 28

Folsom John W. for taking inquisition on the body

of a stranger, 3d June, 1810, 25 57

Leonard Simon, for returning votes for Governour,

Lieutenant Governour, and Senators to May, 1810, 11 20

Lawrence Jeremiah, for returning votes for Govern-
our, Lieutenant Governour, and Senators to 22d
May, 1810, 8 80

Worth Jethro, for returning votes for Governour,
Lieutenant Governour, and Senators to June, 1810, 8

Total Sheriff's and Coroner's Accounts, iS415 75

PRINTERS' ACCOUNTS.

Adams & Rhoades, for publishing the report of the

Committee on Berkshire and Northampton Banks, 29
Cushing Thomas, for publishing acts and resolves

to 1st June, 1810, 16 67

Denio John, for publishing acts and resolves to 1st

June, 1810, 16 67

Edes Peter, for publishing acts and resolves to 1st

June, 1810, 16 67

Foster Moses B. for printing for the Treasurer's

office, 17 17

Lindsey Benjamin, for publishing acts and resolves

to 1st June, 1810, ' 16 67

RESOLVES, June 14, 1810. 61

Pool & Palfrey, for publishing acts and resolves to

1st June, 1810, 16 67

Russell & Cutler, for printing for the Commonwealth

to l^th June, 1810, 664 30

Russell Benjamin, for printing for the Common-
wealth in full to 13th June, 1810, 13

Thomas & Andrews, for printuig the miltia laws to

May, 1810, 500

Young & Minns, for printing acts and resolves to 9th
June, 1810, 1734

Total Printers, S3,040 82

MISCELLANEOUS ACCOUNTS.

Dudley Indians, 26th May, 18.10, due to their guard-
ians in full to that time, Sill 56, which sum the
Treasurer of the Commonwealth is directed to
charge said Indians with, and deduct the same from
the sums due them from the Commonwealth, 111 56

Durant William, for work and materials found for

the State House to 6th June, 1810, 45 88

Harris Thomas, for oil furnished for the State House
to 1st June, 1810, 60

Chase Warren, for assisting the messenger to the
General Court to 15th June, 1810, 28

Lapham Sylvanus, for assisting the messenger to the
General Court to 15th June, 1810, ^^6

Perry John, for assisting the messenger to the Gen-
eral Court to 15th June, 1810, ' 32

Kuhn Jacob, for balance due him, over and above a
grant of 19th January, 1809, of one thousand dol-
lars; a grant of 2d February, 1810, of three hun-
dred and fifty dollars, to 13th June, 1810, 26

Total Miscellaneous,

Aggregate of Roll jXo. 6o — June, 1810.

Expense of State Paupers,
Do. Militia,

Do. Sheriffs, &c.

Do. Printers,

Do. Miscellaneous,

Total, S23,183 41

S313

18,696

992

145

3040

313

62 RESOLVES, June 14, 1810.

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 corporations and persons,
names respectively, amounting in the whole to the sum of
twenty-three thousand, one hundred, and eighty-nine dollars
and forty-one cents, the same being in full discharge of the
accounts and demands to which they refer.

In Senate June 14th, 1810,
Read and accepted, and sent down for concurrence,

H. G. OTIS, President.

In the House of Representatives^ June 14th, 1810,
Read and concurred.

PEREZ MORTON, Speaker,

June 14th 1810, Approved,

E. GERRY.

INDEX

TO RESOLVES OF JUNE SESSION, 1810.

A ^

ACADEMY, Sandwich, time to locate land, extended, 49

Augusta, S159 82 granted to pay certain persons for pro-
tecting the gaol in, - - - - 38

Bowdoin James and Thomas L. Winthrop may execute
contracts with Lady Temple, - . 50

Bucknam William, to convey lands of Mary Bucknam,
deceased, - - - - - 52

Council and General Court, pay established - 36

Capen Lemuel, 830, - - -. - iB.

Cunningham Tliomas, 2d, S50, - - - 40

Committee on accounts, pay allowed, - - 47

Roll No. 63, - - 54

Clerks of the General Court, - - - \ 48

Secretary's and Treasurer's offices, ib*

Commissioners to inspect the doings of the Penobscot

Bank, pay allowed, - - - - 49

Governor's speech, - - - - 13

Answer to from Senate, - 23

House, - 28

Goddard James and James, jun. S200 remitted - 42

Governor Lieutenant, salary established, - ^ 44

Hunnewell Roger, pension increased, - - 50

Johnson Augustus, S. J. Court may grant a review, 51

Kennebeck, 8159 82 granted to pay certain persons omit-
ted in tae roUsj tor services at Augusta - 3S

INDEX.

Kuhn Jacob, additional salary - - - 43

for fuel, &c. S750 - . 49

Laphani Sylvanus, ^25 - • - - - 49

Main Susanna, to receive a new note, - - 37

Notary Public to be chosen for York, - - 35

Berkshire, - ib.

Somerset, - ib.

Norfolk, tax granted, - - - - 52

Oliver Benjamin L. may sell estate of Andrew Oliver, 41

Quarter Master General, 18500, for regimental colours, &c. 44

Rochester Assessors for 1809, to complete assesssment, 38
Representatives, several omitted in the roll of the last win-
ter, to be paid, . . _ . 46
Richardson Samuel, and others may apply for a Jury, 47

Stone Joseph, execution against, stayed - - 36
Somerset, Common Pleas to make allowance to the Judge

of Probate. _ . . - 40

Secretary, salary established, . . . 44

State Prison, appropriation for, - - - 52

Taxes granted to several counties, - - 43

Treasurer, salary established, . - - 44

Wareham, assessors erripowered, ~ - 37

Wade Edward, may sell estate of Edward Oliver 42

Watson John, and others, to make their joint note to the

treasurer, ... . - 45

OF THE

General Court of Massachusetts,

PASSED AT THE SESSION BEGUN AND HOLDEN AT BOSTON, ON THE

TWENTY-THIRD DAY OF JANUARY, IN THE YEAR OF OUR

LORD, ONE THOUSAND EIGHT HUNDRED AND ELEVEN.

GOVERNOR'S SPEECH.

REPRESENTATIVES' CHAMBER, JANUARY 25.

At 12 o'clock, the Senators attended i?i the Represejitatives^
Chamber^ agreeably to assignment, when His Excellency the
Governor carne in, accompanied by his Council, the Secre-
tary of the Commonwealth, and other officers of government,
and delivered the following

SPEECH :

GENfLEMES OF THE SENAfE, AND

GENTLEMEN OF THE HOUSE OF HEPRESENTATIVES,

1 HE pleasure resulting from a convention of
public functionaries, in different departments of Government,
delegated by a free people, to promote their common welfare, can
only be estimated by those, whose primary objects, in the dis-
charge of this important trust, are the peace, honour, and happi-
ness of their beloved country.
10

64 GOVERNOR'S SPEECfl.

Since our last iniervlcw, the disposition manifi^sted by the in-
habitants of this Coinmonwealtii, to restore that general har-
mony which has raised them to their exalted station, and which
in future must form the solid basis of their social and political
enjoy fi en ts is hiii;h]y honourable to themselves, and animating to
their public agenis. To your powerful example and extensive
influence, is the community principally indebted for this import-
ant chat. ge, and by smiilar means, at this peiilous crisis, you
•will increase and confirm our national felicity. The practice,
a' ong>t f How-citizens, of moderation, forbearance and bei^.e-
voUnce, is always productive of happy cflRcts ; and the mag-
naiiitnity which forgives, extinguishes enmity, and excites in
lieu u'f it, generosity and friendship.

Tre two m°'ght\ belligerents, who continue to crimson the
Eastern world by th-. ir destructive conflicts, present to us alter-
natt hopes and apprehensions of their pacific and hostile inten-
tions. Tneir gi neral conduct proclaims, that enornous power
is inim'cal to ju^-tice, and ad\ erse to good f ath. — France indeed
has revoked her obnoxious decre: s; but to what effect, if in
conformity to her late official cou municaiion ! Treaties, which
of right never can be altered by one pvirty, have, by our Gov-
ernment, been sacredly maintained, whilst the belligerents, in
thi ir treaties with us, have app ied tleir municipal power, to
modify, alter, or annul them, at pleasure. Under these circum-
stances, of what av^iil are such solemn compacts ? Are they not
the ambuscades of perfidv to surprize and plunder honest credo-
lity?

'j'he Government of the United States, from the establish-
ment of their Independence to the present period, in their inter-
course with foreign nations, have conducted v/ith the utmost
impartialiiy, justice and honour, 'l^hey have been incapable of
intentional injuries, and to casual wrongs have applied imme-
di >te remedies. They have contended for their own rights,
but have never derogated from the rights of others. They have
not C!)veted foreign territory, and in recovering their own have
evinced great moderation. They have carefully avoided vio-
lent measures, and have preferred to them amicable negociation.
They even in this, have not been hasty or urgent ; but have
exercised patience, uhilst compatible with dignity. They have
punctually discharged their just debts, and have unlimited
credit at home and abroad. Is not such a Government enti-
tled to the highest respect, and the strictest justice ^ How have

GOVERNOR'S SPEECH. 65

their equitable claims on the belligerents been answered? By-
delays, which have become denials; and which to injuries have
added insults. The crisis is rapidly approachin^s^, if not arrived,
when our Government must sanction tiiis degrading conduct, or
oppose to It their sovereij^n veto. The former would fix an in-
d^ Iible stain on the nation ; the latter would manifest her wont-
ed magnanimity. If war, which she stil! deprecates, should be
the result, she has ample means, under Divine Providence, to
support it. Twelve hundred thousand brave and determined
freemen, whose necks were never yoked in bondage, whose
swords would leap from their scabbards, to avenge their country's
cause ; whose nutive land, abounding with the necessaries, con-
veniences and luxuries of ii'f, can supply them with evvry
requisite for war, may bid defiance to aiiy hostile nation or
coalition on earth. In this perilous state of our public concerns,
let us obey the loud calls of national interest and honour ; let us
support every measure of Government, for terminatmg foreign
rapine and aggression. Let us not foster or countenance pre-
dilections or prejudices for or against Greai-Bitain or France. ■
Li t us exterminate those germs of publiik dissensions, which
threaten an harvest of political misery. Let us dr^iin every
source of foreign influence, and multiply the streams of uncon-
taminated patriotism.

The Militia has commanded the attention of the President of
the United States, whose propositions for defence are of the
highest importance. T!ie va-st objects embraced by the views
of the aspiring monarchs of Europe ; their unboundtd ambition,
prostrating bi fore it every obstacle of religion, justice and
liumanity ; their frrquent mdiciiiions of an hostile disposition
towards us ; the time required to pi ice the nation in the best
posture of defence ; and the short notice which may precede the
necessity of this, all conspire to urge, in preference to every
other consideration, those measures which regard our publ c
safety. I'o perfect the officers in discipline, is indispens .ble ;
on them mujst depend that of the soldiers. An army without
rule, is weak in proportion to its numbers ; but well regulated,
it is a moveable fortress, defended at every point. The Sieuben
system, now in use, is generally admitted to be inferior to that
practised in Europe. If it should be the wish of the I^egisia-
tur: to adopt the 1 :tter, a seasonable notice of it to our Members
in Congress may promote the measure ; and Vv^ill not an Inspec-
tor-General, of the first military talents, promote, expeditiously.

68 GOVERNOR'S SPEECH.

In the business, gentlemen, of your present session, iny first
object ar.d wish will be to accord with the Lcgislaturt . An
union of sentiment between the different dep;irtments of the
State Governments, and between those and the Gowrnnn. nt of
the United States, will insure success to our political pursuits ;
and present to foreign nations a full conviction that they can have
no hopes of dniding;, whirh is the only means by which tiiey
can conquer us. Such an union cannot fdil of making this
nation happy at home and respected abroad.

The documents respecting se\erul of the subjects of this ad-
dress, with further remarks on particular laws, will be conmju-
nicaied by Message.

ELBRIDGE GERRY.

ANSWER OF THE SENATE.

May ir PLEASE rouR Ekcellesct^

J. HE convention of the public functionaries of a free
people, delegired by tiiem to promote their common welfare, is
a spectacle, which, in proportion as it exhbitb to ti e vitvv of the
patriot and the philanthropist the noblest di play ot our natures,
will excite in tlie minds of those, whose duty calb them to the
di'icharge of the important trust, their best exertions to secure
the peace, honour, and happiness of their country.

With your Excellency, the Senate view, with high satisfac-
tion, the spirit of general harmony, which at prtsvut prev^^ils
a', ong the citizens of our Commonwealth ; and they are happy
in believing, that this pleasint^ event is the nattical result of those
wise institutions, which from the education, habits ai.d virtues
they enjoin, secure to all the inestim.able right of free enquiry,
the pow^r of forming a correct judgnient of the means of promo-
ting their social and political happiness, of dvancing the nation-
al honour, and of making a just esiini.ite of the happy effects
whi' h invariably result from tne exercise of moderation and be-
nevolence.

Experience has taught the people and government of the
United States, that no reliance is to be pliC^d on the most sol-
emn treaties with the European power->, while at war among
themselves. The two great belligerents luvc, for many years
past, been alternately appealing to our hopes and fears, in the v. ish
to compel or allure the United States to b-ecome allien of each
agaiiist the other in their destructive conflicts. The impartial,
just, and honourable policy, which h;!S uniformly infiuenced the
couiici.lsof the cabinet of the United States, has hitherto defeated
tht ui .jii>t vit. ws of die belligerents. The American government
inc.M- ,ble of intentional injury, always ready to apply immediate
remedies to casual wrongs, careful, while contending with firm-

70 ANSWER OF THE SENATE.

ness and moderation for their own rights, not to dero,^ate from
the rights of others, wisely preferring patient and amicable nego-
ciation to measures of violence while compatible with their
national dignity, will indeed be entitled to command the respect
of all the honest part of the world of the present day, receive the
approbation and applause of the future historian, aiid serve as a
bright example of honour and morality to future ages. Should
the apprehensions of your Excellency be realized, and th period
be at length arrived, when the dignity and honour of the iVnieri-
can government is loudly called upon to vindicate the rights of
its citizens against the unparalldkd aggressions and wanton
depredations of the belligerents or either of them, if the final
appeal of nations must be made, we cordially unite in sentiment
with your Excellency, that the people of this nation are blesstd
with ample means to support it, and that, under favour of Divine
Providence, ultimate success will crown their just efforts. Our
country, rich in resources, abounding with the necessaries and
comforts, and even luxuries, of life, and driven by the injustice
of belligerent Europe, to manufacture to the extent of all her
wants, will never again feel the privations and distresses, which
she experienced during her revolutionary war ; and her twelve
hundred thousand citizen-soldiers, animated with the love of
country, and determined to avenge her wrongs, armed and disci-
plined, may indeed bid defiance to the hostility of any nation or
coalition of nations, on earth. In a crisis like this, we cannot
doubt, but confidently trust, that our citizens will unitedly obey
the loud call of their nation's interest and honour; that, laying
aside all party animosities, they will support every measure of
our national government for terminating foreign plunder and
aggression, and suppressing all predilections or prejudices, for
or against any foreign nation, unite in exterminating every germ
of foreign influence, and voluntarily enlist under the standard of
uncontaminated patriotism.

We are happy to learn from your Excellency's communication
that the regulation of the militia has again commanded the atten-
tion of the President of the United States, we doubt not from
this circumstance, that it wiil soon claim the attention of Con-
gress, to whom so essential a prop of our national security cannot
be a subject of indifference. We assure your Excellency,
that so far as the Constitution has entrusted this object to the
regulation of the State Legislature, the Senate are ready to give
their most prompt concurrence in any measures that the impor-
tance of the subject demands.

ANSWER OF THE SENATE. 71

It was honed and beli( ved that the confusion which attended
the iffciirs of tiie State Prison at the organization of the present
^overnmtn*, was, in a i^reat degree done away by the new
amngeinents made by the Executive in the ret^nlation of that
institution. Siiould, however, the Executive deem further Leg-
iblativf provisions necessary, the Senate will readily attend to any
coninumicaiion upon th.it su' j 'ct.

The Senate snict-rely participate in the regrets of your Excel-
lency, in contemplatmg any unpleasant circumstances which
■have taken place in an\ section of the Conmionwealth. They
hope and believe that 'ny opposition to the legul orders of the
Supreme Judicial Court in tiie County of Lincoln, if any has
existed, has been tiie result of misapprehension and mistake,
rather than of any desire to oppose the ct)nstit!ited authorities of
the government under which they live, and which tuey are bound
to support by every tie of allegiance, and on whi^h alone they
can depend, fir the protection of their liberty, security and hap-
piness. The Senate recog'ize with great -atistaction, the happy
effects which have already been proauced l)y the law entitled
*' Ail Act for the limitation, and equitable adjustment of real
actions." — Tiiis law has already spread tranquilhiy m every part
of the district of M ine, excepting where the conflicting claims
of non-resident proprietors cover the same tract of territory.
The attention of the Senate will be called at an early day of the
present session to provide a remedy for that existing evil.

With respect to tht information v\hich your Excellency has
received, touchi s; the riotous violation of hivvs m the person of
David Sevvall, E-q. in the County of Hancock, the S^natt- be-
lieve, that when the Supieiic Judicial Court are by law appointed
to convene in that County, the Grand Jury of that vicinity will
stri.'tiy discharge their duty, by paying every attention to V'.e
invesiii;ation of that outraiJ:e, w'li. h irs importance and the indis-
pensable support of law and justice require.

The Senate are highly gra ificd to fiad that ready attention has
bten paid to thv- affairs of the former County Treasurers of Mid-
dlesex and Berkshire, who have absconded ; they are pleased to
find that no pecuniary loss v\ill f,il on the public in that ofB rk-
shire, they sincerely hope thattiie public may be equally fortunate
in that of Middlesex.

The Senate are sensible that complaints are niulriplied against
the existing laws for imprisoni^sent for debt, thes b' liv ve not
Wituou just cause ; the remedies suggested by your Excelkncy
11

72 ANSWER OF THE SENATE.

shall be duly attended to on the part of the Senate, in the course
of the present session.

So flir as a union of sentiment between the different depart-
ments of the State Governments, and between them and the
Government of the United States, will ensure success in our
political pursuits, and present to foreign nations, the hopeless
expectation of conqut^rin^ by dividing; us ; and so far as such
union will perpetuate the happiness of our nation at home, and
its respectability abroad, your Excellency may be assured of the
readiness of the S^^nate to promote it by every constitutional
means in their power to adopt.

Any further communications, which your Excellency may sec
fit to make to the Legislature, shall, on the part of the Senate, be
attended to without delay.

In Senate, January 31, 1811.
Read and accepted, and ordered that the Committee who
grafted the same, present it to his Excellency the Governor.

H. G. OTIS, Speaker-

COMMOJ^WEALTH OF MASSACHUSETTS.

In the House of Representatives^ February 2, 181L

The following answer to the Speech of His Excellency, was
read, considered and approved. And thereupon it was ordered
that Mr. E. Howe of Sutton, Mr. C. Davis of Boston, Mr.
Howard of Augusta, Dr. Kittridge, and Mr. Ripley, be a
Committee in the name of the House, to present the same to
his Excellencv.

JOSEPH STORY, Speaker.

ANSWER.

May ir please tour ExcELLEKcr,

The House of Representatives, coming from dif-
ferent portions of the state, and bringing with them the sentiments
of their constituents, have received the communication of your
Excellency with all that respect which is due to the Chit f Mag-
istrates of a free and enlightened People. — Elevated by their
suffrages to the most exalted station in the Commonwealth, they
feel the highest satisfaction that the auspicious presages they
had formed of your public career, have been verified. They
liave seen it identified with the prosperity of the state, and have
iDcheld it embracing that rational confidence in the National
Government, which forms our surest protection from embar-
rassments at home, and dangers from abroad. They have
witnessed, with peculiar satistaction, that the public sentiment
has resumed that mild and placid state, which substitutes har-
mony for virulence, and reason for intoxication.

n ANSWER OF THE HOUSE.

Ill this concilicitory ^pi it, may the comtuunity progress, and
earnestly combine all the energies of social life, to advance the
honour, the happiness and niter; si of our country.

To the examjile of the exr cutive department, is in a i^reat
degree, to be attributed " the disposition manifested by the
inhabitants of this Comuiomvealth to restore general iiar-
niony whicli has raised them to an < xalted station; iind which
in future must form the solid basis of iheir social and po itical
happiness."

i he Eastern Continent continues to unfold scenes of unex-
ampled hostiliy and desolation. War with portentous aspect
spreads its fatal effects and embraces in its destructive career
every endearing; relation of man.

To advance the views of the contending powers, one univer-
sal state of misery is developed, which sacrifices human happi-
ness with despotic dominion ; and prostrates individual rights
without commiseration or sensibilit\ .

It would appear that the duration of the conflict is altogether
incalculable, for the two mighty belliiicrents, tl»e one with the
supremacy of the ocean ; the other, concentrating the force of
continental Europe , are stak< d to the rombat; until the com-
mercial control of England ijives way to a more liberal policy,
or the gigantic despotism of France sinks beneath its expanded
power.

Under circumstances both of such awful fulfilment and pre-
sage ; with a view of recent events ; and deducing from the
nature of the contest, the probable anticipation of the future,
is it at all wondtrfnl, that such an important epoch should im-
pii't some portion of embarrassment to distant narioris? I-.ste/'d
of feeling surprised, that the wliirlwind which has desolated
nations, should have affected our interests — is it not matter of
astonishment, that it has not as yet more fatally invaded our
pe.ce, and disturbed our repose? Is it not a subject of irans-
cendant gratitude to an overruling Providence, that thus f<r we
have travelled on our course with increasing prosperity and
strength. That amidst surrounding devastation, v\e have
escaped the ravages of war; and that whilst the ancient world
has witnessed the groans of an hundred millions of people sink-
ing under tiie weight of iron systems on the land and on the
oc< an ; this nation has been adding to her resources, her popu-
lation and prosperity. In the contests of Europe—- contests,

ANSWER OF THE HOUSE. 75

which contemplate no other object, but to fix in some modifi-
cation the shacklcb of arbitmry power upon peaceful and u.tof-
ft iidinj^ nations ; this country ought not to embark : So long as
their animosities only excite them to rtciprocal vengCitnte, and
th( ir operations are confined to themselves; it is our du^y as
well as our interest, to remain strangers to their fury, and neu-
trals to their warfare. We may indeed regret their conduct, as
productive of misery to the human race ; but as a nation whose
desire is pence, we should not commit ourselves to their policy
or passions. But should the stortn which has hitherto rolled at
a distance, approach our shores — should the rij^hts of an inno-
cent and pacific nation continue to be the sport and rhe scorn
of relentless monopoly, or insatiate ambition — should the
precious gift of peace procured for us by the valour of our
fathers, no longer be maintainable with honour; like them we
must rise with the crisis, and preserve uncontaminated, the
rights and character of our country. The difficulty has been,
that by both of the belligerents we have bt en placed in an atti-
tude novel and embarrassing. A., reed in no conimon principle
of amity they have coalesced in the most vindictive interference
with neutral privileges. England led the way, and France has
pursued her steps, with an energy as determined. At length
France has rescinded her edicts so incompatible with neutral
rights, but has substituted in their stead, municipal regulations
which may subject us to equal embarrassment ! Both England
and France, under interpolated principles of national law, or in-
sidious constructions of our public statutes, have captured and
coiidemned our property, without a single proposition for
redress.

Should either belligerent, in spirit as well as profession, re-
move our just causes of comphunt; should it restore to thi^
country a full enjoyment of those blessings which heaven de-
signed for the benefit of every community ; we should confi-
dently hope that the other would follow so just an example.
But if contrary to our expectations, she did not, we are per-
suiid.-d, that a tone of energy and decision would pervade our
public councils in relation to the one so refusing; that the re-
sources of the nation would be developed with an universal
burst of indig'iation ; and that the free and nidepeickni citizens
of this Republic would convince the world, that as in peace we

76 ANSWER OF THE HOUSE,

had been just arid honourable^ so in war, in defence of our dear-
est rights, we could be brave and vindictive.

" We recognize with the most honourable satisfaction, the
wise, and just, and impartial course which has been pursued by
the National Government. During a period pregnant with
important vicissitudes, their object has been to avoid the vortex
of European policy, and to pursue a path which embraces
*' peace, amity and honest friendship with all nations — entang-
ling alliances witli none." Thus far has their conduct main-
tained only the fair exposition of our rights, without resorting
to energetic measures to redress our manifold wrongs. At a
time when principle has been exiled from the cabinet of Princes,
and injustice permitted to take its widest range ; they are
accused, in no instance, with the appearance of plausibility, of
attempting to invade the rights of others. In thtir internal
regulations, they have manifested that wisdom which has
secured them confidence and respect. Actuated by principles
purely pacific, they delayed taking possession of a distant
Territory, until its citizens, by voluntary consent, requested
their interference ; placed in a situation of perfect anarchy and
confusion, with every tie of supposed allegiance subverted by
the state of their native land; they invited the interposition of
our Executive, in relation to a territory which was ours by
purchase ; which was essential to the integrity of our empire,
and absolutely necessary for the preservation of our commercial
rights. Tiie promptitude of the National Government on this
occasion, excites our unlimited applause ; and the general course
of their measures, embracing:: oar most important interests, will
entitle them to the respect of mankind; when tyrants shall be
remembered only in the execrations of history.

National prejudices and predilections, or a disposition to
dissolve our confederated Union by negociation or force, are
germs engendered in corrupted minds, repugnant to the feelings
of the patriot, and, if matured, " would prove a harvest of
political misery." To harmonize the public sentiment, and
soften the asperities of party, so hostile to our national existence,
in the manner recommended by your Excellency, will not fail
to produce a powerful clicct upon tlie minds of our constituents,
when they reflect that this admonition proceeds from him whose
life and services have uniformly been devoted to consummate
their political prosperity and happiness.

ANSWER OF THE HOUSE. ^77

The modern system of military tactics, as known and practised
in Europe, comprises advantages greatly superior to our
own ; and every proposition, coming from so high and
elevated an authority as the Executive of the Union,
recommending new modes of defence, will, we are con-
fident, command the earliest attention of Congress. From
the importance of the subject, interwoven as it is with
our forms of government, we are confident from every
department of the national government it will receive all that
improvement of which it is susceptible. Founded in the habits
and feelings of our fdlow-citizcns, if properly cultivated, our
militia will become " a moveable fortress, defended at every
point." Any instructions which will aid the delegates from
this state in accomplishing so desirable an object, will most
cheerfully be superadded to that interest which they already feel
for its streni^^th and security.

The subject of the State Prison will receive the attention
of the House of Representatives ; and, if legislative assistance
can remedy the evils growing out of a defective system,
they will readily interpose.

We extremely lament, that, in any portion of the Common-
wealth, the resort to a military lorce should have been considered
essential to good order and personal security. We believe,
however, that the time has already arrived, when some fixed
principles must be established, to settle and adjust the rights,
both of the claimant and the possessor to eastern lands, in order
that the fears and apprehensions of so respectable a portion of
our fellow-citizens may he put to rest.

Public defalters, betrayers of public trust and confidence,
always excite the indignation and contempt of honest freemen.
But it affords some satisfaction that no pecuniary loss will be
sustained by the public, so far as it respects the County
Treasurer of Berkshire.

The laws relative to imprisonment for debt, as well as many
other parts of your Excellency's communication, will receive
the earliest attention.

It will afford us satisfaction to accord with your Excellency
on subjects of public concern ; and it will give us no less
pleasure to establish and confirm a national character, by
imparting to the federal government a rational confidence and
respect.

n ANSWER OF THE HOUSE.

In discharging the trust devolved on us by our constituents,
it is our earnest desire that reciprocal harmony should pervade
our public councils ; that the little petty irritations of party
may give place to the general welfare ; and that each individual
may be animated with the most anxious solicitude for the
happiness and prosperity of the country.

GOVERNOR'S MESSAGES

BOTH BRANCHES OF THE LEGISLATURE.

'Gentlemen of the Senate^ and

Gentlemen of the House of Representatives ^

Theik Excellencies, the Governors of Pennsylvania, Dela-
ware, and Gtrorgia, in their several letters to the Governor of
this Commonwealth, have enclosed the Resolves of their Itgi^la-
tures, respectively, on the su'Jr-ct of the alteration proposed to
the Constitution of the United States, by a resolution of this
State of the 20th of June 1S09. The Governors of Georgia,
and Kentucky, have in like manner enclosed the Resolves of their
respective States, disapproving of another amendment, proposed
by the State of Pennsylvania, and the former Governor has en-
closed a third resolve of that State, disapproving of an amendment
proposed by Virginia, to the Constitution of the United States.

The Hon. Mr. Lloyd, one of our members hi the federal
Senate, has also communicated some inform^^tion, on the sub-
jects of the resolution of the legislature of chis State, passed the
6th of March last, and of a clause inserted in the post office bill,
for enabling the A ijutant General of the militia of each State and
territory, to receive and transmit, in certain cases, letters free of
postage.

The managers of the Rhode Island Coal Lottery, have also
transmitted to the late Treasurer, the account rt quired by an
Act of the 10th of June, 1808, of this State ; and the Secre-
tary is directed to lay before you. Gentlemen, all the documents
relating to these several matters.

E. GERRY.

Council Chamber^ 9th June 1810,
12

80 GOVERNOR'S MESSAGES.

Gentlemen of the Senate^ and

Gentlemen of the House of Representatives ^

At ihe first session of the first Congress, under the existing
federal Constitution, Coni^rcss "" Resolved/YlrdX it shall be the
duty of the Secretary of Suite, to procure from time to time,
such of the Statutes of the several States, as may not be in his
office."

Tliis enabled Congress, hy a perusul of the Laws of all the
States, to avail itself of their joiUt wis om, in the exercise of those
le^islcitive powers, and authorities, which hud been before solely
vested in the respective States ; but which, by the federal Con-
stitution, were transferred to the general Government : and also
to check any State, in trespassing the Legislative bounds, pre-
scribed to it by the Constitution of the United States.

Since that period, a practice has been adopted amongst sev-
eral of the States, to send, at the end of each Legislative Session,
a copy of tlieir Laws, respectively, for the use of the executive,
and of each branch of the Lee-islature of their Sister States :
which appears to be a wise measure, and if carried into effect,
so as that each State shall be in possession of the whole
code of every other State, will produce a collection of State
Laws, which will greatly facilitate the business of Legislation,
and lay the foundation for arriving to a degree of legislative per-
fection, bythe joint wisdom and experience of the whole,
which cannot easily be attained without such a provision.

It is therefore, gentlemen, submitted to your consideration,
whether it will not be of great public utility, to make it the
duty of the Secretary of this State, or of some other
officer, from time to time, to procure three sets of such of the
Statutes of the several States, as may not be in his office, for the
use of the executive, and of each branch of the legislature ; to
have the detached parts of those laws properly arranged and
bound; and to correspond with the Secretary or the proper officer
of every State, for the purpose of obtaining such of their Laws
as may be wanted, and in return for Laws received of any State,
for supplying it, with those Lavv's which may be requisite to
complete its code of this Commonwealth.

I have received from the Governor of North Carolina,^a
letter, of the 22nd of ^larch 1809, and one of the 19th March
last, and from the Governor of South Carolina, a letter of the
25th of April 1809, forwarding three copies of the acts of their
sessions, terminated at those periods, respectively ; also a letter

GOVERNOR'S MESSAGES. 81

from the Governor of Virginia of the 1 1th of April last, stating,
that he is required to propose to the executive Council of each
State in the Union, an annual exchange of the respecti\ e acts
of every State, including the revised code ; and that he has
transmitted such of the acts of Virginia, as fall within the
requisition. I have also received from the Clerk of the House
of Representatives of the United States a letter of .the 27th
April 1809, informing me, that he has transmitted three copies
of the Journals of the House, during the last session of Congress:
and I have directed the Secretary to lay before you, G^ ntlemen,
the letters, and tv/o copies of the acts and Journals before-
mentioned.

Council Chamber, June 13, 1810.*

Gentlemen of the Seymte, and

Gentlemen of the House of Representatives,

The documents referred to in my last communications, will
be presented by the Secretary. Those which relate to the
counties of Lincoln and Hancock, are numbered from one to
eighteen; Those of the State Prison, from one to thirty-five;
and such as respect the County Treasurers, from one to six.
The two first are numerous, but requisite for a clear under-
standing of their respective subjects.

The Secretary is also charged with the delivery of official re-
turns from the Adjutant General, and from the Quarter Master
General, each numbered from one to four, of a letter from the
Secretary of State, of the 15th of this month, which encloses a
resolution of Congress, proposing an amendment to the Consti-
tution of the United States ; and a letter from his Excel-
lency Governor Lloyd, of Maryland, containing the negative
of the Legislature of that State, on a proposition of the State of
Pennsylvania for amending the Federal Constitution.

Council Chamber, January 29, 1811. E. GERRY.

No. 1 Affidavit of Eliot G. Vaughn, and Judge Thatcher's
Letter.
2 Petition of a committee of the town of Nobleborough.

• The preceding- Messages of His Excellency Governor Gerry, were omitted in
printing' the Resolves of June last, 1810.

GOVERNOR'S MESSAGES.

3 Petition of Capt. Tucker, and others.

4 Letter from Hon. Judge Thacher.

5 Letter from Alden Bradford.

6 from Moses Carleton, Jun.

7 Order from Supreme Judicial Court.

8 Questions proposed by the Governor to General King

and Hon. S. Lee.

9 Report of the Honourable Council.

10 Letter from the Governor to General King and Judge

Lee.

1 1 from Judge Thatcher to the Governor.

12 from James Malcom to Judge Thacher.

13 from Judge Lee to the Governor.

14 from Hon. Thomas Cutts to Hon. Aaron Hill,

15 from Judge Thacher to the Governor.

16 from B. Joy to the Governor.

17 — from David Sewall to the Governor.

18 John Connor's deposition.

Petition of the inhabitants of the town of Bristol.
of Samuel Tucker, and others.

19 Governor's Message to both branches of the Legis-

lature, dated January 29, 18 H.

Gentlemen of the Senate, and

Gentlemen of the House of Represe7itatives»

A Division Court Martial, in August and September last,
was holden at Charlestown, for the trial of Ensign John H.
Brown, upon the complaint of Capt. Lot Pool ; and reported
their decision that the former "be honourably acquitted, of all
and singular, the charges and specifications of charges, exhibit-
ed against him, conformable to the complaint" of the latter;
which report was approved by Major General J. B. Varnum.
Afterwards, I received a petition from members of a company,
in behalf of Ensign Brown, stating, that notwithstanding his
honourable acquittal, he was again arrested, for refusing to obey
the orders of the said Capt. Pool ; who was charged with hav-
ing illegally and unconstitutionally obtained his election, and
commission of captain. I then instituted a Board of Officers,
to report a state of facts, and their opinion on this subject, the
proceedings of the board, and the relative documents numbered

GOVERNOR'S MESSAGES. a$

from one to six inclusively, will be laid by the Secretary before
the legislature ; in order to bring- this matter to sueh an issue
as shall be conformable to law and the constitutiqn of the
Commonwealth.

The provision in the 326. section of the militia code, for
calling Boards of Officers, appears to be well adapted to u mild
adjustment of disputes, between officers in general ; but such
boards are not authorised to summon witnesses, and to require
their testimony, which is often necessary to establish foots.

The 14th section of the militia law by which a battalion oi"
two or three companies of Artillery is entitled to a Major, and
a regiment of four companies to a Lieutenant Colonel Com-
mandant, admits of doubts, whether is the last case there
shall be two Majors, or but one elected ; and the same doubts
exist in regard to the cavalry. The documents on this subject
are numbered 7, 8, 9.

The 8th section of the militia law of the United States pro-
vides " that when two commissions, of officers of the same
grade, bear equal dates, their rank shall be determined by lot ;
" but by the 12th section of our militia law, an additional pro-
vision is made, by which former pretensions of some commis-
sions may decide the rank." That the latter is constitutional,
the law has determined, until it shall appear otherwise to the
Legislature of this Commonwealth, or of the United States,
although some express doubts on the subject. But still a
question arises, in regard to the expediency of the measure
which makes a rule, that before was clear, quite indefinite ;
and thus multiplies disputes amongst militia officers. To
elucidate this point, the Secretary will lay before the legisla-
ture a report, No. 10, of the same Board of Officers in regard to
the interfering claims for rank, of captains Hyde and Edmands,
by which it will appear, that five members constituting the
board, had three different opinions on this subject.

The Secretary will also deliver the accounts of the late
Treasurer and Receiver General, with their final adjustment,
and a regular transfer of the books and property then in the
Treasury, to the present Treasurer, agreeably to a resolve of the
legislature, the whole being contained in a book and in two
documents marked A, B.

E. GERRY.

Council C/mmder, Februan/ 4, 181L

84 GOVERNOR'S MESSAGES.

Gentlemen of the Senate^ and

Gentlemen of the House of Representatives.

Humanity, the character) stick of a brave people, and the
prominent trait of our pious ancestors, has in all their conflicts
been extended to civilized, and even to savage foes ; and
free exercise of that endearing virtue, has been claimed, as a
birth right, by their descendents. The remnants of the Indian
tribes, within the jurisdiction of this Commonwealth, by the ex-
traordinary reduction of their members, and by the vast increase
of our own, will be ever too feeble to raise their hands against
us. They are prostrate, and dependent on our beneficence and
generosity. As the children of the Great Parent of the universe,
the Omnipotent Creator of them^ as well as of ourselves, the
Government of this Commonwealth and the United States,
have manifested a laudable disposition to ameliorate the condition
of unfortunates of this description ; to cultivate their minds by
civil, moral, and religious instruction ; to introduce them to the
knowledge and practice of agriculture, and of such manufactures
as are best suited to their circumstances ; and thus to enable
them, honesdy, to clothe and subsist themselves and their fami-
lies, and promote their common welfare. In this spirit, the Rev.
Mr. Jenks of Bath has addressed to me a letter, which the Sec-
retary will lay before the L- gislature, containing propositions
pointed to the objects mentioned, and communicating the sub-
stance of a correspondence, with the Rev. Mr. S tvvyer of Ban-
gor, our missionary in that quarter, on this subject. A minor
consideration, although an important one, may prompt the dis-
charge of this duty, it will eventually save to the republic, those
annual grants demanded by charity, and thus become a measure
of economy.

E. GERRY.

Council Chamber J February, 15, 1811.

RESOLVES.

January 28, 1811. •

XXXVII.

Resolve establishing the pay of the Council and Legislature,
January 28, 1811.

Resolved, That there be allowed and paid out of the Trea*
sury of this Commonwealth to each member 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 miles travel from their respective places of abode to
the place of the sitting of the General Court.

And be it further Resolved, That there be paid to the Presi-
dent of tne Senate and Speaker of the House of Rtrpresenta-
tives, two dollars per day for each and every day's attendance;,
over and above their pay as members.

XXXVIII.

Resolve granting Jacob Kuhn S3 00 to purchase fuel, ^c-,
January 28, 1811,

Resolved, T'hat there be allowed and paid out of the Trea^
sury of this Commonwealth to Jacob Kuhn, Messenger of the
General Court, the sum of three hundred dollars, to enable him
to pay for fuel, and such other articles as may be necessary for
the use of the General Court, together with the Governor and
Council's chamber, the Secretary's and Treasurer's gSices j
ht to be accountable for the expenditure of the same.

86 RESOLVES, January 28, 1811.

XXXIX.

Mesohe on the Petition of John Lowell Esq. Executor of the
Will of Anna Cabot Lonvell deceased. January 2.)^ loil.

Whereas Joh') Lowell, sole acting executor of the last Will
and iVsimctit of Anna Cabot Lowt 11, Kite cf Boston, deceased,
h.ith represtnted, tliat there are gnat d'ffi .uities in executing
the trusts created by suid Will, and it appears to be necessary
that the Lei:!,islrtTure s.u)ui'J interfere in order to carry into tfRct
the benevol nt i; tetitions of the 'testatrix, and it beinej mani-
fest that the rii^hts of no person will be injured by such inter-
ferevice. then fore

Resolved, That the said Executor be, and he hereby is fuHy
authoiized and empowered to pay over, deliver, and transfer
unto the Massachusetts Congrej^aiioiial Charitable Society all
the money, stock, and other securities which shall remam in his
hands after the payment of the debts, funeral expenccs, exptnces
of administration, and specific legacies btqutnithed by said will,
and the receipt of the Treasurer of the said Corportttion there-
for shall be a good discharge to the said Executor in his settle-
ment in the Court of Probate. And the snid Massachusetts.
Congregational Charitable Society are hereby author izrd to take,
receiveand hold tiie siid money , securities and stock and to manage
the same in such way and m^mneras may to them seem expedi-,
ent, and they are hertby authorized and held to pay ihe several
amuijties created by said will, the sum brqueathed to the Botan-
ical Institution at Cambridge, and to apply the income of the
residue of said property to the charitable uses set forth in said
will, conformably to the true intentions of the Testatrix.

XL.

Resolve on the petition of John Livingston, discharging him
from Prison. 30th January 1811.

On the petition of John Livingston, shewing that ever since
the twenty fust day of September last, he has been coufintd in
the lioal in the county of Suffolk by virtue of an Execution in
favour of this Comtr.onwe ,1th, obtained tgainst the said L'ving-
sto'iby reason of his recognizing I^efore William We* oe Esq.
for the appearance of one James Converse, to the Municjpal

RESOLVES, January 30, 1811. 87

Court ill the town of Boston, and that he is very poor, and he is
now supported by the town of Boston in prison.

Hes'olved^ That the amount of suid Execution, beini; two lun-
dred tlnrtccn dollars and seventy liiree cents, be, and the same
hereby is remitted to the said Livingston, and that the Shenif of
the county of Suffolk: be, and he hereby is directed to discharge
the said Livingston from imprisonment, provided iic- be not there
confined for any cause other than the Execution aforesaid.

XLL

Resolve on the petition of Peter Thacher^ administrator' of the
Estate of Edward Gray Esq. deceased. Januarij 30. Idll,

0,i the petition of Peter Thacher, of Boston in t!ie county of
Suffolk and Commonwealth of M issachusetts. Esquire, admin-
istrator of the goods and estate of Edw.ird Gray, iaie of Boston
aforesaid, Esquire, deceased, intestate.

Whereas the said Peter Thacher in and by his said petition
hath represented, that on the twenty-seventh day of S ptember
in the year of our L jrd one thousand ci^^ht hundred and nine,
Peter C. Brooks of said Boston, E^qairir, Isaiah TiiOiuas of
Worcester in tlie county of Worcester, Ebenezer T. Andrews
of Boston aforesaid, booksellers, and Samuel Eheridge of
Charlestovvn in the county of Middl sex, uiid Eiam Biss of
Boston aforesaid, booksellers, by their several deeds, of di.tdate,
conveyed to said Edward Gray, who was then in full life, th ir
several and respective rii^ht, title and interest in and to a certain
piece of land situate at the westerly part of Boston, aforesaid,
and bounded as follows, viz. southerly on land of Beza Tucker
and David West, there measuring one hundred and fifty- five
feet, more or less, westerly on Allen's high way, so called^ there
measuring one hundred and twenty six feet, more or less, north-
erly on land formerly of Nathaniel Cunningham, deceased, there
measuring one hundred and thirty-four feet, more or less, and
easterly on Leverett street, there measuring one hundred and
sixty eight feet, more or less, with all the privileges and appur-
tenances to the said described premises belonging, and that in
and by a certain deed of indenture, of that date, by and between
the said, Edward Gray of the first part, Peter C. Brooks, afore-
said of the second part, the said Isaiah Thomas and Ebenezer
T. Andrews of the third part, and the aforesaid Samuel Eth-

m RESOLVES, January 30, 1811.

eridge and Elam Bliss of the fourth part, it was declared and
agreed by and between all the said parties to the same, that the
estate aforesaid was so conveyed to said Gray upon the trusts
and for the purposes followmg, that is to say, that the said Gray
should as soon as might be by a good and sufficient deed with
warranty only against himself, and all persons' claiming under
him, sell and convey the whole of said estate for the best price
he could, and on such terms of credit as are reasonable and
usual in such cases, and after deducting out of the proceeds of
such sale all reasonable and necessary charges attending the
same, that he should apply and pay over all the residue thereof,
and also all such sums as lie should receive for rent of the
premises prior to the sale, in manner following, to wit, first to
said Brooks the sum often thousand dollars, with lawful interest
therelor from the third day of July preceding the date of the
said indenture, and until the same should be paid, if the amount
remaining in the hands of said Gray should be sufficient there-
for, and if not, then to pay to said Brooks the whole amount that
should so remain. Secondly, if there should be any surplus
after such payment to said Brooks, then to pay to said Thomas
and Andrews, the sum of eleven thousand and five hundred
dollars, with lawful interest therefor from the fifth day of Sep-
tember preceding the date of the said indenture and until the
same should be paid, if the amount of said surplus should be
sufficient therefor, and if not, then to pay to said Thomas and
Andrews the whole of said surplus, and lastly, if there should
be any residue after such second payment, then to pay the
whole of such residue to said Etheridge and Bliss.

And the said Peter Thacher hath in his said petition prayed,
that he might be authorized in his said capacity to execute the
trust mentioned in the said deed of indenture. Therefore
resolved, that the said Peter Thacher be authorized, and he is
hereby authorized in his said capacity, to sell the real estate
aforesaid, and to make and execute such conveyance, or con-
veyances, to any person or persons, who may purchase the same,
as the said Gray Vvould by his covenant aforesaid be obliged to
make and execute, in case he were living at the time of such
sale, and also to apply the proceeds of such sale, after deduct-
ing all reasonable costs and charges attending the same, to the
purposes mentioned and prescribed in the said indenture.

RESOLVES, February 4, 1811. ^!?

XLIL

Resolve on the petition of Joseph Farrar and Luther Perrrj,
remitting to each, S200 of their recognizance. February 4,
1811.

On the petition of Joseph Farrar and Luther Perry, against
whom several judgments have been rendered in the Supreme
Judicial Court, holden in Worcester, in the county of
Worcester, on the fourth Tuesday of September last, for four
hundred dollars each on their recognizance for the appearance
of John Farrar ; the said John having been ordered by the
Court to recognize in the sum of four hundred dollars, with
sufficient surety or sureties in the like sum, and the said
sureties having been held to recognize in the sum of four
hundred dollars each by mistake of the magistrate appointed to
take said recognizance.

Resolved^ That the Attorney General and Solicitor General,
or either of them, be, and are hereby authorized and required to
enter a remittetur of two hundred dollars on each of said
judgments.

XLIIL

Resolve on the petition of Josiah Bartlett^ administrator of the
estate of Samuel Bradstrect. February 4, 1811.

Whereas Josiah Bartlett of Charlestown in the county of
Middlesex, as administrator on the estate of Samuel Bradstrect
of said Charlestown, deceased, who was one of the executors
of Richard Cary of the same Charlestown, deceased, — Has
represented to the General Court that he is in possession of a
Massachusetts State note. No. 4614, for the sum of three
thousand four hundred and seventy three dollars and four cents
dated May 4, 1800, payable to said Richard Cary or bearer, and
bearing interest at five per cent per annum, of which interest
no part has been received ; — And the said Bartlett having
further represented that the said State note belongs to the
heirs of Dennis De Bert of London, deceased, — to whose
executors the said Cary was agent, but that several years have
elapsed since any information has been received by said
Bradstreet concerning said note, and it is uncertain who are
the proper persons to demand the same ; and that he wishes, in
order that he, as administrator aforesaid, may be relieved from

90 RB:S0LVES, February 4, 18 IL

any further care of said note, to have it lodged with the
Treasurer of the Commonwealth, subject to the demand of
those to whom it may belong.

Resolved^ That the Treasurer of this Commonwealth be, and
he is hereby directed to receive the said note from the said
Bartlell, agreeably to the prayer of his petition, and for the
purposes therein expressed, — and the same to keep, subject to
the future order of tl^^ legislature ; and the Treasurer is hereby
authorised to give to said Bartlett a receipt for the same.

XLIV.

Resolve confirmwg the votes, ^c. of the Congregational
Precinct in Rochester, Middleboro'' and Freetown, February
4, 1811.

On the petition of the inhabitants of the Congregational
Precinct in Rochester, Middleborough and Freetown.

Resolved by the Senate and House of Representatives in
General Court assembled. That all the votes and proceedings
of the inhabitants of said precinct, at their annual meeting ior
the choice of precinct officers for the yejir one thousand eight
hundred and nine, are hereby confirmed and rendered valid to
every intent and purpose thereof, any neglect of the clerk of said
precinct or defect of records to the contrary notwithstanding.

XLV.

Resolve granting the President and Trustees of Williams
College further time to locate land granted by the State.
February 4, lull.

On the petition of Daniel Dewey in beiialf of the President
and Corporation of Williams College, praying a further
extension of the time of locating a township of land in the
district of Maine, granted to said corporation by a resolve of
the twentieth day of February 1809.

Resolved, That the President and Trustees of Williams'
College or their assigns, have leave to locate said township
granted by said resolve, at any time within three years nt xt
after the said term of three years in said resolve mentioned,
any thing in said resolve to the contrary notv/ithstanding.

RESOLVES, February 6, 1811. gi

XLVI.

Resolve on granting half a township of land to aid the inhabi-
tants of Taunton artd Raynham in improving the navigation
of Taunton River. February 4, 1811.

On the petitions of the inhabitants of the towns of Taunton
and Raynham, prayinj^ for legislative aid for the puipose of
improving and extending the navigation on Taunton Great
River, from Rocky Point in Berkley, to Williams' landing in
Taunton.

Resolved^ For reasons set forth in said petitions, that there be.
and hereby is granted to the said towns of Taunton and Rayn-
ham, for the purpose aforesaid, one half of 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 of the 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 however^ That the
towns of Taunton and Raynham shall within two years from,
the passing this resolve, raise and appropriate two thousand
dollars in addition to the above grant, the whole to be applied
and laid out under the direction of an agent or ager.ts to be
appointed by his Excellency the Governor, — Provided alsOy
That the said towns of Taunton and Raynham 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.

XLVII.

Resolve on the petition of Benjamin Parsons^ guardian to
John H. Gray^ a minor, P'ebruary 6, 1811.

On the petition of Benjamin Parsons of Boston, Esquire,
guardian to John Henry Gray, a minor, praying that he may
be empowered and authorized to convey to Israel Thorndike,
Esquire, a small piece of land, being part and parcel of the
saicl minor's real estate situate in Boston aforesaid.

Resolved^ For reasons set forth in the said petition, that the said
Parsons, in his said capacity, be authorized and empowered,
to convey to the said Thorndike, his heirs and assigns, in fee
simple, by good and sufficient deed, all the said minor's right

92 RESOLVES, February 7, 1811.

and interest, in the said piece of land, bounded as follows, viz.
westerly on land of the said minor, twenty -four feet
northerly on a passage-way back of Franklin place (so called)
thirty nine feet, easterly on land owned in common, by George
Blake, Esquire, and others, thirty-one feet, and southerly on
said Thorndike's land, forty-five feet ; Provided however^ That
the said Thorndike shall, in consideration of the said conveyance
to him, by good and sufficient deed, or other legal instrument
for that purpose, secure to the said minor, his heirs and assigns,
and all other persons interested in said estate, a right to hold
and enjoy for ever hereafter, in common with the said Thorndike
his heirs and assigns, a free and open passage way six feet
wide, on land of said Thorndike, and between his estate, and
the estate of the said minor, and leading from Summer street, so
called, to the before mentioned passage-way, in the rear of
Franklin place, to be constantly kept open for the mutual
accommodation and convenience of all parties interested therein.

XLVIII.

Resolve on the Memorials of Perez Morton^ Esq. and Daniel
Davis y Esquire, February 7, 1811.

Resolved, That there be allowed and paid out of the Public
Treasury to Perez Morton, Esq. Attorney General, and to
Daniel Davis, Esq. Solicitor General, the sum of eight
hundred dollars each, in addition to their salary established by
law, which shall be in full for their services and salary to the
first day of March 1811.

XLIX.

Resolve for paying the Commissioners appointed to explore and
lay out a road from Kennebeck to the River Chaudiere.
February 7, 1811.

Resolved, That there be allowed and paid out of the
Treasury of this Commonwealth, to Charles Turner, jun. of
Scituate, John Merrick of Hallowell, and James Stackpole,
jun. of Waterville, appointed Commissioners to explore and
lay out a road from the Kennebeck river to the river Chaudiere,
sixty-eight dollars and ninety-four cents, balance due them by
their account of expenses.

RESOLVES, February 8, 1811. 93

And be it further resolved^ That there be allowed and paid
to Charles Turner, jun. two hundred and eightj^-three dollars
and thirty five cents, to John Merrick, one hundred and eighty
dollars, and to James Stackpole, jun. one hundred and seventy-
three dollars, in full for their services in exploring and surve)'^-

ing said road.

Resolve grantmg ten thousand and twenty acres of land to
Fannington Academy. February 8, 1811.

Resolved^ That there be, and hereby is, granted unto the
Trustees of Farmington Academ}-, for the use and benefit of
said Academy, ten thousand and twenty acres of land out of
any of the unappropriated lands of this Commonwealth, in the
district of Maine, (except the ten townships on Penobscot
river purchased of the Indians, and excepting also the land
contracted to be sold to Jackson and Flint, and which contract
is now rescinded,) said ten thousand and twenty acres to be
laid out under the direction of the Commonwealth's agents
upon the subject of Eastern lands. F?'ovided however, That
the agents aforesaid shall not proceed to lay out and assign the
same until said Trustees shall lodge ia the Secretary's oifice a
certified list of the subscriptions and donations which have
been made and secured to said academy, and which shall
amount to the sum of three thousand dollars, exclusive of the
expenses necessarily incurred in erecting and finishing the
buildings necessary for the accommodation of said academy^
within two years from the passing of this resolve.

LI.

Resolve allowing, S50 for the Gentleman who shall preach the
next Election Sermon. February 8, 1811.

Resolved, That there be allowed and paid out of the Treasury^
of this Commonwealth, the sum of fifty dollars to the Clergy-
man who shall preach the Election Sermon on the last Wednes-
day of May next. And that his Excellency the Governor be
requested to draw a warrant on the the Treasury of this Com-
monwealth for the same sum accordingly.

94 RESOLVES, February 11, i81L

LII.

Resolve granting'^ IS500 to aid the building of a Gaolat Eastport.
Februarif 8, 1811.

On the petition of Theodore Lincohi and others, praying for
the aid of the Commonwealth to erect a Gaol at Eastport iu the
County of Washington.

Resolved^ for reasons set forth in said petition, that there be
allowed and paid out of the Treasury of this Commonwealth to
Theodore Lineoln, John Brewer, Oliver Shead, John Burgin,
and Aaron Hayden, a committee appointed by the Court of
Common Pleas for the county of Washington to erect a Gaol
at Eastport, the sum of five hundred dollars, they first giving
bonds to the Treasurer of the said county in double the sum,
with condition that the said five hundred dollars shall be faith-
fully applied for the purpose of erecting said Gaol.

LIII.

Resoh'c on the petition of James Bell and William Crawford
relinquiahing the Commomvealt/i's right to a certain farm in
Rutland. February 11, 1811.

On the petition of James Bell and William Crawford of Oak-
ham in the county of Worcester, praying that the Common-
wealth would release and quitclaim to them and their heirs as
tenants in common, all the right, title and interest which the
Commonwealth have or may have in and to a small farm situated
in the town of Rutland in said county, containing about forty
acres, with a dwelling house thereon, formerly owned by their
ancestor and uncle Samuel Crawford, a native of Ireland, and late
of said Rutland, and by him devised to Margaret Crawford, his
wife, who deceased in the year 1774 ; and leaving no heirs at
law to inherit said estate ; and the said James Bell and Wil-
liam Crawford being next of kin and heirs at law of the said
Samuel Crawford.

Resolved^ for reasons set forth in said petition that the Com-
monwealtii do hereby release and forever quitclaim to the said
James Bell and Wiiliam Crawford, their heirs and assigns as
tenants in common, all the right, title and interest which the
Commonwealth have ( r may have m the aforesaid premises
or farm. Proviiled however, tkit nothing in the foregoing

RESOLVES, February 11, 1811. 95

resolve shall in any manner affect the claims of any person or
pv rsons who may be heirs at law to the estate of the said Mar-
garet Crawford, deceased*

LIV.

Resolve for an Extra Session of the Common Pleas for the
County of Plymouth to settle the Treasurer's accounts^ and
to make an estimate for a Tax. February 11, 1811.

Whereas by the petition and representation of the Court of
Common Pleas, for the county of Plymouth, it appears expedi-
ent, that a special session of said court should be held, for the
purpose of making an estimate for a Tax for said county
— therefore,

Resolved^ That a Court of Common Pleas, within and for the
county of Plymouth, be held at Plymouth on Tuesday the nine-
teenth day of February instant, at ten of the clock in the forenoon,
by the Justices of the said court, for said county, for the special
purpose of settling the accounts, of the treasurer of said county,
and making an estimate for a County Tax ; and that whatever
shall be done by the same court, as to such settlement and
estimate, shall be as good and valid in law, as if done at anv
regular term of said court.

LV.

JResolve confirming the proceedings of the Methodist Society in
the first parish in Lynn. P'ebruary 11, 1811.

On the petition of the Methodist Society in the first parish in
Lynn, stating that wai rants by which the meetings of said incor-
poration have been heretofore called, have by inadvertance and
mistake only been signed by the clerk of said incorporation.

Resolved^ That all warrants heretofore signed by the clerk
of said incorporation, and all proceedings of the legal voters of
said incorporation, which luu e been had in pursuance of said
warrants, be and hereby are rendered good and valid, and arc
hereby ratified and confirmed, as thougli said warrants iiad been
signed by the assessors.

96 RESOLVES, February 11, 1811.

LVI.

Resolve on the petition of Samuel Freeman^ Clerk of the Su-
preme Judicial Court for the County of Cumberland^ making
valid certain executions and writs of possession. February
11, 1811.

On the petition of Samuel Freeman, Clerk of the Supreme
Judical Court in the county of Cumberland.

Resolved, That all executions and writs of possession that
have issued on judgments rendered in the Supreme Judical
Court in the county of Cumberland since the year of our Lord
one thousand seven hundred and ninety-nine, and all alias and
pluries executions after the return thereof, in whole or in part
unsatisfied, and all the regular doings and returns of executive
officers thereon according to the precepts in them contained,
although the said executions have been made returnable at
certain days, be and are hereby confirmed and made valid in
law to all intents and purposes, as if the same had been made
returnable to the next succeeding court according to law.

LVIL

Resolve on the petition of Joseph Prime of Berwick. February

11, 1811.

On the petition of Joseph Prime, stating that in consequence
of certain inaccuracies in the description of a certain road laid
through his land, he has lost the benefit of the damages awarded
him by a committee agreed upon by him and the town of San-
ford, and praying for liberty to apply for a jury to estimate the
damages done him.

Resolved^ for reasons set forth in said petition, That Joseph
Prime of Berwick in the county of York, be, and hereby is
authorized to make application to the Court of Common Pleas
next to be holden at York, in and for the county of York, for
a Jury to estimate the damages he has sustained, by the laying
out a road tlirough his land, which road begins about sixty
rods northerly of Eliot Frost's dwelling house in Sanford in said
county, and coming out near the Province Mill (so called,)
which road was established by the Court of Sessions in said
county, August term, one thousand eight hundred and four, and
said Court of Common Pleas are hereby authorized to sustain

RESOLVES, February 12, 1811. 97

the said application and grant the same in the same manner the
said court, or Court of Sessions then existing might have done,
had those inaccuracies not been made, and application been
made, within the time prescribed by law ; and the Jury to be
appointed, shall have the same power, that any Jury or com-
mittee seasonably appointed by said court might lawfully have
had.

LVIII.

Resolve directin.^ the SecrS^y to deliver to the Reporter of the
Decisions of the Supreme Judicial Courts the Laws and Resolves
of this Commonwealth. February 12, 1811.

Resolved, That the Secretary of this Commonwealth be di-
rected to deliver to the Reporter of the Decisions of the Supreme
Judicial Court, one set of the perpetual Laws of this Common-
wealth, and one set of the special Laws of this Commonwealth ;
each contained in three bound volumes : And that the Secretary
be directed to deliver to said Reporter, one copy of the several
Acts and Re solves as they have been printed from time to time
since the passa.u;e of those contained in the said bound volumes,
and that the Reporter be entitled to one copy of the Laws and
Resolves hereafter to be published, in the same manner as they
are delivered to the Attorney and Solicitor General from time
to time.

LIX.

Resolve for paying Josiah Wheeler for repairs on the Province
House, so called. February 12, 1811.

Whereas the Secretary and Treasurer of the Commonwealth
have represented to the Legislature, that after the adjournment
of the General Court in June last, it was found that the Province
House, so called, was without a tenant, and going to ruin, and
that no provision had been made by law, authorizing any per-
son to superintend or repair the same, — that the property of the
Commonwealth being thus situated, his Excellency the Gov-
ernor, with the advice of the Council, ordered the Secretar)
and Treasurer to make certain repairs in said house, and tenant
the same, which they did, by their agent, Josiah Wheeler.
Therefore,

Resolved, That there be allowed and paid out of the Treasur}
to the said Josiah Wheeler, the sum of two hundred and sixty-

98 RESOLVES, February U, 1811. ^

five dollars and sixty-seven cents, in full for his bill for the ser-
VH e aforesaid, and that the Governor be requested to draw his
warrant on the Treasurer for the same.

LX.

Mf solve on th^ petition of Calt^h Gannett and John Mellen guard-
ians of certain minor children, authorizing them to sell lands.
February 14, 1811.

O » the petition of C. deb Gannett and John Mellen, guardians
of their minor children respectively, viz. of Eliz be th LaUiam
G.nnett nnd Jolin Wt-ndell McUtn, pr.iying that they may be
autiioriscd to sell the portions which their warfis own in certain
lands lying in various parts of this Commonwealth, and which
tht y hol(i in common and undividetl with C aharine Wendell,
Catharine BrattU B scorn, John Mico Gannett, Thomas Brattle
G nnett Sophia Williams, and Catharine Saltonstall Mellen.

Resolved, for reasons set forth in their peiirion. That the pe-
titioners aforesaid be antiiorzi d and empowered to sell the pro-
portions belonging; to their wards, in any or all of the lands here-
affcr described, by auction or otherwise, as they shall jud{j;e most
for the interest of said wards, snd to make and execute good and
sufficient deeds of the same, viz. , Seven thirty-six parts, being
the proportion of said minors, of five hundred and sixty-five
acres, by estin>ation, \\ ing in B :lcherron in the county of Hamp-
shire, boundi d south and east on Swift river, north on land of
Samuel Lam.man and die heirs of ,y/illiam Walter; west on land
of JavTHs Whitman and Abntr Cowls. Also of a lot of land in
said Belcherton, cont.tinini^ by estimation, twenty-five acres,
bounded on lands of Eldad Parsons and Elijah Dwight, E q. and
the road leodin;^ from B^lcherion tc; Sprint^field. Also of about
fifteen acres, in Gardner, in the comVty of Worcester, lying on
the west line of said town, and is No. 91, fourth division. Also
of about thirty-seven acres in the nortii-east part of Ashby in the
countv of Middlesex, lying in comnion with land belonging to
the heirs of the late Andrew Oliver, Esq. of Salem. Also of
about two thousand acres in the town of Fairfax in the county
of K nnebeck, lately assigned by the Plymouth Company as an
equiv.lent for omissions of the right of the late Williani Brattle,
Esq. in several divisions previously made by said company.
Also of lot No. 64, estimated atone hundred and nineteen acres,
in Palermo in the county of Lincoln ; and of lot No. 61, in

RESOLVES, Febriiary 14, 1811. 99

Rome, estimated at one hundred and eighty-five acres ; the two
last be ing assigned to the rij^ht of said Willi im Brattle in the
last division made by said company. Also of or.e fourth pjirt
of sundry lots in the tract lately belonging to the Lincolnshire
Company, so called, lying in common with the heirs of John
King, heretofore of Taunton, deceased, and the heirs of tht- Hon,
Andrew Oliver, Esq. late of Silem, deceased, viz. No. 13, in
the lower part of Camden in the county of Lincoln, co taming
about one hundred acres, and No. 48, containir.g about one ium-
dred and fifteen acres ; No. 20, on the north part of the is'aiid,
called Meduncook or Long Island, about one hundred acres ;
No. 13 and No. 61, each containing about one hundred acres, in
the upper part of said Camden. In the town of Hope, No. 49
and No. 112, laid out for one hundred sixty-eight acres each.
Lot B, containing about twenty-three acres, .ind lot C, forty-six
acres, on Appleton Ridge, so called. Also of one fourth part of
range No. 16, in the first great division of the upper part of the
aforesaid tract; said range containing about twelve hundred and
forty acres. And range No. 16, in the second great division
of said upper part of the tract aforesaid; said range containing
about one thousand and ten acres. Also that the petitioners be
further authorized to sell and convey as aforesaid all the right of
their said wards in certain lands, on the southwest side of, and
adjoining Saco river, and lying partly in the touns of Biddcford
and Arundel in the county of York, and supposed to contain
about twelve hundred and fifty acres, which right is not more
particularly defined, as partition of these lands has been as yet
but partially made, between the heirs of William Brattle afore-
said and several other owners. Provided, that the petitioners
give bond to the Judge of Probate for the county of Middlesex
to his satisfaction, that they will faithfully appropriate the proceeds
of any sales which they make of the proportions of their wards
in the lands aforesaid, to the sole use and benefit of said wards
respectively.

LXL

Resolve on the petition of Charlemont, Heath, .and Rowe^ for aid
in budding a Bridge over Deerfield River. Februarii 14,
1811.

Upon the petition of the inhabitants of the towns of Charle-
niont, Heath, and Rowe, praying for aid in building and rnain^

100 RESOLVES, February 14, 1811.

taining a bridge across Deerfield river, between the towns of
Charlemont and Buckland.

Resolved^ for reasons set forth in said petition, That the Jus-
tices of the Court of Common Pleas, for the county of Hamp-
shire, are hereby authorized from time to time, if they think it
necessary and proper, to insert in their estimate for a County
Tax, such sum or sums of money as may be thought necessary
by them for defraying such a part or proportion of the expense
of building and maintaining said bridge for and during the term
of ten years, to order payment of the same, out of the county
treasury, whenever they shall deem it necessary — and to appoint
an agent or agents to superintend the expenditure thereof.

LXII.

Resolve direct'mg the Secretary to purchase and distribute to the
several towns, the Reports of Decisions in the Supreme Judi-
ciac Court. Februari/ 14 y 1811.

Resolved, That the Secretary of this Commonwealth be di-
rected to purchase five hundred and fifty sets of all the volumes
which have already been published, of cases argued and deter-
mined in the Supreme Judicial Court of this Commonwealth,
and the like number of all the volumes which shall hereafter be
published, when the s:ime are ready for delivery ; provided he
can obtain the same, well bound and lettered, at a price not ex-
ceeding two dollars a volume. And whenever the whole num-
ber of anv one volume shall be received into his office, he is di«
rected to transmit one copy to the clerk of each town, district,
and unincorporated plantation which has been required to assess
taxes upon themselves towards the support of government, for
the use of their respective inhabitants, and to lay his account
before the governor, who is hereby requested to draw his warrant
on the treasurer for the payment thereof.

LXIII.

Resolve on the petition of James Carr and others, appointing com-
missioners to lay out a road from Penobscot river to the north
boundary of the State. February 14, 1811.

The Committee of both Houses, to whom was referred the
petition of James Carr and others praying that commissioners

RESOLVES, February 14, 1811. 101

might be appointed to explore and mark out a road from the tide
waters of ihe river Penobscot in a direction to Quebec, having
considered the same, ask leave to report the following resolves,
which are submitted.

ISRAEL THORNDIKE, per order.

Whereas the laying out a road from the tide waters of Penot>.
scot river, over the lands of the Commonwealth to the north
boundary thereof, in a direction to the nearest settlement on the
river Chaudiere, for the purpose of opening a communication
with Quebec, on the river St. Lawrence, would be of great pub-
lic utility. Therefore,

Resolved, That John Davis of the plantation of Jackson, Isaac
Wilkins of Brownville,and Seth Kempton of Hampden, Esquires,
be, and they hereby are appointed commissioners for the purpose
of exploring and laying out a road four rods wide, in the most
convenient and direct route from Penobscot river aforesaid, to
the north boundary of this Commonwealth in a direction to the
nearest settlements on the river Chaudiere, and said commission-
ers shall have full power and authority to begin at such place at
or near the Penobscot river, in the county of Hancock, as they
may think proper, and from thence, to explore and lay out a
road, four rods wide, in the direction aforesaid, and to return a
correct plan thereof to the agents for the sale of eastern lands, as
soon as they have completed the same, with a particular descrip-
tion of said road.

And said commissioners are hereby authorized to employ such
surveyor, and other assistants, as they may find necessary to ef-
fect the purposes aforesaid, and to lay their accounts before the
General Court for allowance.

Resolved, That there be granted to said commissioners, five
hundred dollars to enable them to carry into effect the foregoing
resolve, they to be accountable for the faithful expenditure there-
of: and the Governor is requested to draw his warrant on the
treasurer for the same.

LXIV.

Resolve directing tefj Toivnsliips to be surveyed so that the road
laid out by Charles Turner, jun. Esquire, t7i 1807, may run
through said Townships . February 14, 1811,

The Committee of both Houses, to whon^ referred the petition
©f Nathaniel Ingersolland others, praying for the aid of this Le-

102 RESOLVES, February 16, 1811.

gislature in layiiig out and opening a road from the head of Pe-
nobscot liver lo the river St. Johns, ask leave to report the fol-
lowing resolve, — whieh is submitted.

ELIJAH BmCrUAM, per order.
Resolved, for reasons set forth in said petition, That the agents
for the s.ile of eastern laiids be, and they hereby are authorized,
to survey, or cause to be surveyed, ten townships of land, to be
so laid out as th it the road run out by Charles Turner, jun. P],sq.
in the year 1807, (a plan of which is returned into the land office,)
mav run through said townships, the said townships to extend
fronj 'hr nordi line of William Bingham's land, to the half town-
sliijj granted to W( stford Academy, in order to provide for
opening said road, the agents aforesaid, are authorized and di-
rected to advertise in the several newspapers printed in the town
of Boston, that they are ready to receive proposals to effect the
openii'g of said road, from any person or persons disposed to do
the same, the contractors agreeing to fell the trees and make the
necessary bridges and causeways, and clear and make the road,
of suitable width and convenient for travelling, for whieh the
said agents are authorized to convey to the contractors, in pay-
ment for said road, a proportion of said townships, not exceeding
one quarter of each township, to be located under the direction
of said agents. Provided, that the said contractors shall be oblig-
ed to produce sati^fdctory evidence to the agents aforesaid, that
they have completed said road agreeable to their contracts.

LXV.

Resolve on the petition of Moses Brown, allowing further time
to settle Township No. 5, eighth range. North of the JFaldo
Patent. P'ebruary 16, 1811.

On the petition of Moses Brown — Resolved, for reasons set
forth in said petition. That the further time of two years from
the first day of June next, be allowed to Moses Brown, his
heirs and assigns, owner of township number live, in the eighth
range of townships north of the Waldo patent, to complete the
settlement of forty families, in said township. And if the said
Brown, his heirs or assigns, shall settle wiihin said time, the
said number of families (including those already settled) on said
township — that then the estate and right of said Brown his
heirs and assigns, shall be valid full and effectual to all intents
and purposes, as if the conditions of settlement, expressed in

RESOLVES, February 16, 1811. 1()3

the original deed given of the said township, by the committee
appointed by the General Court, to sell and convey the unap-
propriated lands in the District of Muine, had been fully and
seasonably complied with. Provided nevertheless^ that the
said Brown, his heirs, or assigns, shall on or before the first day
of December next, give bond to this Commonwealth, with
sufficient surety or sureties, to the satisfaction of the agent for
the sale of Eastern lands, conditioned that the number of fami-
lies required in said original deed to be settled on said town-
ship, shall within the said term of two years be settled thereon,
or for the payment of thirty dollars for each family vvluch shall
then be deficient.

LXVI.

Resolve on the petition of John Leverett^ of TFhidsor^ State of
Vermont, authorizing him to sell certain lands in hoston,
February 16, 1811.

On the petition of John Leverett, of Windsor, in the county
of Windsor and Scate of Vermont, Esquire, parent of John
Leverett, Thomas Leverett, and Hannah Leverett, minors md
children of hmi the siud J(;hn ; prayi:,-.g thai he, the said jonn,
may be licensed to sell to the inhabitants of the town of Boston,
within the county of Suffolk, and Commonwealth of Massa-
chusetts, for a certain price mentioned in said petition, and
agreed upon by the said John and said inhabitants, two undi-
vided forty -fifth parts ixnd forty -two undivided forty -ffth parts
oi one forty -fifth part of two certain pieces of land, situated in
said town of Boston, now in the occupation and possession of
the inhabitants thereof; which shares and proportions of said
two tracts of land aforesaid, descended to said minors, as heirs
to their deceased mother, Hannah Leverett, late wife of the said
John. Said tracts of land are described as follows, viz. one piece,
Containing in the whole, about one quarter of an acre, bounds
southerly on Leverett street, south-easterly on land purchased
by the said inhabitants of Boston, of one William PhiUips, ajid
now in their possession, nordi-easterly on Charles River, at
low water mark, and north-westerly on land purchased by
said inhabitants of one Samuel Brown. The other piece being
forty feet long and twenty feet wide, and parallel with Leverett
street, and one hundred and ten feet distant from it, bounds on
all sides by land belonging to said inlu'bitants of l^oston, and
?B situated easterly of the other piece before described,
15

104 RESOLVES, February 16, 1811*

Resolved^ for reasons set forth in said petition, That the said
John Levcrett, parent of said minors, be, and he hereby is
authorized, to sell, and convey to the said inhabitants of said
town of Boston, and to execute, and deUver to them, a good
and valid deed, conveying to them and to their successors, all
the right, title, interest and shares of the said John's three
children aforesaid, in and to said two undivided pieces or tracts
of land aforesaid, on his receiving of them the sum of money
before mentioned, and agreed upon.

LXVII.

Resolve directing the Quarter Master General, to sell at Public
Auction, all broken and damaged Ordnance, the property of
this Commonwealth. February 16, 1811.

Resolved, That the Quarter Master General be, and he is
hereby directed to sell at public auction, all such broken, or
otherwise damag-ed ordnance belonging to this Commonwealth,
and under his care, as is thereby rendered unfit for use ;
first giving thirty days notice of the time and place of sale in
two of the public newspapers printed in Boston, and he to be
accountable for, and pay over to the treasurer of this Com-
monwealth, within ninety da}' s next after the sale, the proceeds
thereof, after deducting therefrom all proper expenses attending
the samco

LXVIIL

Resolve confirming the doings of the Treasurer and Clerk of the
Essex Turnpike Corporation. February 16, 1811.

On the petition of Ebenczer Beckford, and others.

Resolved, That the doings of Amos Blanchard, clerk of the
Essex Turnpike Corporation, and also the doings of Samuel
Farrar, treasurer of said corporation, be, and the same hereby
are ratified and confirmed, and rendered as valid in law to all
intents and purposes, as though said Blanchard and Farrar had
taken the oaths required by law, before a disinterested magis-
trate previous to their entering on the duties of said offices, and
the books of said treasurer and clerk are hereby rendered
valid for all purposes, for which the books of said clerk and
treasurer might have been used, provided they had previous

RESOLVES, February 16, 1811. 105

to entcrin^^ on their offices, taken the oaths required by law
before a disinterested magistrate. Provided nevertheless^ that
nothing herein contained shall be construed to affect any suits
now pending in any courts in this Commonwealth, or which
may hereafter be brought or renewed by said corporation,
against any person or persons, upon any cause of action which
is now pending in any such court.

LXIX.

Resolve on the petitions of Isaac Davis and David Murphy.
February 16, 1811.

On the petitions of Isaac Davis and David Murphy, praying
for some remuneration for their losses of property, sustained in
consequence of their aiding and assisting in the survey of lands
for the Kennebeck purchase.

Resolved, for reasons set forth in said petitions. That there be
granted and paid out of the treasury of this Commonwealth,
to the said Isaac Davis, one hundred and thirty dollars, and to
the said David Murphy, one hundred and eighty dollars ; and
his Excellency the Governor, with the advice of the council, is
hereby requested to issue a warrant on the treasury for the pay-
ment of the said sums respectively, to each of the petitioners
aforesaid.

LXX.

Resolve providing for an exchange of Laws with the several
States in the Union. February 16, 1811,

Resolved, That the Secretary of this Commonwealth be
directed to correspond with the Secretary, or other proper offi-
cer of the several States in the Union, for the purpose of procur-
ing a present and future annual exchange of Statutes, for the
use of the executive and legislative departments. And that
the Secretary be directed to forward three sets of the Statutes
of this Commonwealth already published, to each of the States
v/hich have not already received them, for the use of their res-
pective governments. And also, three sets of all the Statutes
which shall hereafter be published to each of the States in the
union that shall agree to forward their Statutes in return.

106 RESOLVES, February 16, 18H.

LXXI.

Resolve on the petition of Jeremiah Wait, late Deputy Sheriff
of Washington county, making valid his doings "while in said
office, February 16, 1811.

On the petition of Jeremiah Wait, late deputy sheriff under
John Cooper, Esq. sheriff of the county of Washington, pray-
ing that his doings while in said office may be confirmed and
made valid ; he having given bonds, and was sworn to the
faithful discharge of his said office, before a magistrate who
was not legally qualified to admniister oaths and qualify civil
officers.

Resolved, That all precepts, and all the regular doings and
returns of writs and precepts according to the precept in thera
contained while he continued in said office, be, and hereby are
confirmed and made valid, in the same manner as if the said
Wait had been duly sworn and qualified for executing his
office aforesaid, before proper officers commissioned to admin-
ister oaths, and qualify civil officers ; and the same are made
valid in law, to all intents and purposes, that the same wouid
have been, if the Si-id Wail, deputy sheriff, had been dul} and
legally sworn for the executing his office aforesaid.

LXXII.

Resolve discharging the town of Kittery q/* S415, 33 State
tax. February 16, 1811.

On the petition of the selectmen and assessors of the town
of Kittery, in the county of York, setting forth, that on »he
first day of March last, a part of said town was incorporated
into a separate town by the name of Eliot, and that on the fitih
day of the same month, the tax act was passed, apportioning
to the town of Kittery the whole amount of tax wliicii should
have been assessed by both towns, and that a warrant from the
treasurer was issued in conformity. And that the town of
Kittery have assessed one half the amount of the whole tax,
being their proper proportion of the same.

Resolved, That the town of Kittery be discharged from the
sum of four hundred and fifteen dollars and thirty three cents
of the State tax apportioned to them, and that the assessors of

RESOLVES, February 18, 1811. 107

gaid town be, and they are hereby authorized, to make tlieir
return of assessment of the remaining sum. And that the
treasurer of this Commonwealth be directed to issue his war-
rant to the selectmen and assessors of the town of Eliot,
authorizing and requiring them forthwith to assess upon the
polls and estates of said town, the aforesaid sum of four hun-
dred and fifteen dollars and thirty three cents, in manner as is
directed in the act lor apportioning and assessing the Srate
tax, made and passed the fifth day of March last — said tax to
be collected and paid to the treasurer of this Commonwealth
on or before the first day of October next.

LXXIII.

Resolve on the petition of Preston Thayer , ofTempleton^ in the
county of JVorcester, February \^^ 1811.

On the petition of Preston Thayer, of Templeton, in the
county of Worcester, praying that he may be authorized and
empowered to enter an appeal from a sentence awarded against
him on the first day of January last past, by Silas Cutler, one
of the Justices of the Peace, for said county, for a supposed
larceny in taking and carrying away one steel trap, at the
Court of Common Pleas, next to be holden at Worcester,
within and for said county of Worcester.

Resolved^ for reasons set forth in said petition, That the said
Preston Thayer, be, and he hereby is authorized and empow-
ered, to enter his appeal from the sentence of the said Justice
at the Court of Common Pleas, next to be holden at Worces-
ter, within and for said county of Worcester, and the said
court are hereby authorized and empowered to sustain said
appeal and proceed upon the same in all respects, as it would
huve been lawful for them to have done, had the said Thayer
claimed said appeal when said sentence was awarded against
him, and had seasonably entered his appeal in the Court of
Common Pleas for said county. Provided, the said Preston
Thayer, give notice to William Fletcher of Templeton, on
whose complaint said conviction was had, by serving him
with an attested copy of this resolve, seven days before the
next session of the said Court of Common Pleas, and shall
recognize before said court, with a sufficient surety, in such
sum as they shall order, to prosecute his said appeal with
effect.

108 RESOLVES, February 20, 1811.

LXXIV.

Resolve on the petition of the President and Fellows of Har-
vard College. February 18, 1811.

Resolve altering the appropriation of the sum of thirty
thousand dollars which the President and Fellows of Harvard
College were authorized to raise by lottery, by an act passed
March 14, 1806.

Resolved^ That the appropriation of the sum of thirty thou-
sand dollars which the President and Fellows of Harvard Col-
lege were authorized to raise by lottery, by virtue of an act of
the Legislature of this Commonwealth, passed March 14, 1806,
be so far altered, as that the said sum so raised may be, by the
said President and Fellows, applied to the erection of any edi-
fice for the accommodation of the students, on any part of the
College lands in Cambridge, which the said President and
Fellows, may think most eligible.

LXXV.

Resolve on the petition of Alexander Murray. February 20,

1811.

On the petition of Alexander Murray, stating that he is the
oldest son of John Murray, late of Rutland, in the county of
Worcester, Esquire, an absentee, whose real estate was confis-
cated to the Commonwealth, by reason of his taking a part
with the British at the commencement of the late revolutionary
war, and v/ho died in the British dominions, leaving no part of
his estate to the said Alexander Murray, in consequence, as he
conceives, for his having entered into the army of the United
States, in which he served as a private soldier, in colonel
Henry Jackson's regiment, for three years, and in which he
had the misfortune to be disabled by the loss of three of his
fingers of his left hand. That at the close of the said war, he
was indulged by the Commonwealth in the occupancy of a
small farm of about ninety-five acres, in said Rutland, which
was a part of his father's estate, and which has never been sold,
and on which he has erected a house, and occupied it ever
since. That he is now advanced in years, and very infirm,
and the buildings are out of repair, and he is not able to repair

RESOLVES, February 21, 1811. 109

them, and support himself and family, and praying that the
Commonwealth would confirm to him and his wife, during
their natural lives, the use and enjoyment of the said farm of
about ninety-five acres, and at their decease, that the remainder
of said estate may enure to, and be held by their son Reuben
Murray, his heirs and assigns.

Resolved^ That the said Alexander Murray and his wife, be,
and hereby are confirmed in the possession, use and enjoy-
ment of all the right, title and interest, which the Common-
wealth has in and to the said farm of about ninety-five acres,
situate and lying in Rutland, in the county of Worcester, for
and during their natural lives, and at the decease of the said
Alexander Murray and his wife, all the right, title and interest
which the Commonwealth has in the said estate, shall enure to,
and be held by their son Reuben Murray, his heirs and assigns,

LXXVI.

Resolve granting the Adjutant General S1200, yor services,
&fc. ojie year. February 20, 1811.

The committee of both houses on the petition of William.
Donnison, Esq. Adjutant General, report the following resolve,
which is submitted,

JOHN L, TUTTLE, per order.

On the petition of William Donnison, Esquire, Adjutant
General, praying for additional compensation for his services
in his said office.

Resolvedy That there be, and hereby is granted, to be paid
out of the public treasury of this Commonwealth to William
Donnison, Esq. the sum of twelve hundred dollars, in full
compensation for his services as Adjutant General of the mi-
litia of this Commonwealth to the first day of January last ;
said sum to be in full for his services as aforesaid, including
office rent and clerk hire.

LXXVII.

Resolve for repaying to Joseph Burt and Josiah Maconiher of
Berkley, S 100 each. February 21, 1811.

On the petition of Joseph Burt and Josiah Macomber, both
of Berkley, in the county of Bristol, praying, that the money

110 RESOLVES, February 21, 181L

which they paid the Commonwealth on their recogni-
zance, for the appearance of Elijah Macomber, at the Couit of
Common Picas, held within and for the county of Biistol, in
June, 1807, that the said Elijah Macomber immediately alter
being' bound to the Court of Common Picas as aforesaid, was
bound over to the Supreme Judicial Court, for the same offence,
and that they recognized for his appearance, and accorduigly
delivered the said Elijah Macomber up to the said Supreme
Judicial Court.

Resolved, That the Treasurer of this Commonwealth be,
and he hereby is directed to pay to the said Joseph Burt and
Josiah Macomber one hundred dollars each, according to the
prayer of the petition aforesaid.

LXXVIII.

Resolve abating the town of Carlisle State iaxy of 1810.
February 21, 1811.

Whereas the meeting-house in Carlisle, in the county of Mid-
dlesex, on the twenty -fourth day of May last, was set on fire
by lightning and consumed, together with the town stock of
military stores, deposited therein. And the inhabitants of
said tov/n by their selectmen having petitioned this court that
the State tax assessed on said town, on the fifth day of March,
1810, should be remitted. Therefore,

Resolved, That there be, and hereby is remitted to the said
town of Carlisle, the said State tax, amounting to the sum of
one hundred and fifty-four dollars and sixty six cents, and the
treasurer of this Commonwealth is directed to govern himself
accordingly.

LXXIX.

Resolve directing the Treasurer to charge tax of 1810, which

is put to Loudon and Bethlehem, to the town of Otis.

February 21, 1811.

Upon the memorial of Paul Larcomb, praying that the tax
now assessed to the towns of Loudon and Bethlehem, may be
set to the town of Otis.

Whereas by an act of the General Court of Massachusetts,
passed the twenti-eth day of June, in the year of our Lord, one

RESOLVES, February 21, 1811. Ill

thousand eight hundred and nine, the towns of Loudon and
Bethlehem, in the county of Berkshire, were incorpomted into
a town by the name of Loudon ; and whereas by another act of
the said court, passed on the thirteenth day of June, in the year
of our Lord, one thousand eight hundred and ten, the nam^ of
the town of Loudon was altered to the name oF Otis, and as no
notice has been taken of the aforesaid acts in the tux act passed
March, Anno Domini 1810. Therefore,

Resolved, That the tax which has been assessed against the
towns of Loudon and Bethlehem in the tax act aforesaid, be
set against the town of Otis, and that the treasurer of this
Commonwealth be directed to make such alterations, and
balance his book accordingly.

LXXX.

Besolve directing the Agents for the sale of Eastern lands to
cause a survey of the town of Baldwin. February 21,
1811.

On the petition of John Spring, stating that there are
lands in the town of Baldwin, in the county of Cumberland,
belonging to this Commonwealth, and that he wishes to pur-
chase the same. Therefore,

Resolved, That the agents for the sale of eastern lands be,
and they hereby are authorized and empowered, to appoint
some suitable person to survey said town of Baldwin, and ascer-
tain the quantity, quality, and value, of what lands remain the
property of this Commonwealth, and to sell to said Spring, or
any other person or persons, all the Commonwealth's right,
title, and interest in said surplus, for such consideration as said
agents may deem just and reasonable.

LXXXL

Resolve on the petition of the town of Hartford, confirming
certain warrants and proceedings. February 21, 1811.

Upon the petition of the inhabitants of the town of Hartford,

in the county of Oxford, setting forth that several defects,

irregularities, and omissions have happened and intervened, in

several warrants for calling town meetings, and in the records

112 RESOLVES, February 21, 1811.

and proceedings therein, and praying that the legislature would
confirm and render the same valid in law.

Resolved, That all warrants for calling town meetings in the
town of Hartford, in the county of Oxford, since the incorpo-
ration of said town, and all proceedings which have been had
under any such warrants, and the records of such warrants and
proceedings, so far as the same may relate to any defect or
omission in form, or want of uniformity to the law in any such
warrants, proceedings, or records shall be, and the same are here-
by confirmed, and rendered good and valid in law, any supposed
defect or omission to the contrary notwithstanding.

LXXXII.

Resolve on the petition of James Freeman^ Esq. Sheriff of
Barnstable County. February 21, 1811.

Upon the petition of James Freeman, Esq. sheriff of the
county of Barnstable, praying that the committee on accounts
may be authorized to receive and examine his accounts with
the Commonwealth, and pass thereon.

Resolved, for reasons set forth in said petition. That the
committee on accounts be, and hereby are authorized and em-
powered, to receive, examine, allow, and pass upon the account
of James Freeman, Esq. sheriff" of the county of Barnstable,
with this Commonwealth, and to audit the same, any usage or
limitcition of time to the contrary notwithstanding.

LXXXIII.

Resolve granting gll9, 77 for the services of Simeon Ashley ^
formerly of the 10th Massachusetts Regiment. February
21, 1811.

On the petition of Percival Ashley, administrator to the
estate of Simeon Ashley, late a soldier in Capt. Soper's com-
pany, and Colonel Marshall's regiment, in the revolutionary
war of the United States, stating that a balance remains due to
the heirs of the said Simeon for said service, and as it appears
that said statement is true.

Resolved, That there be allov/ed and paid from the treasury
of this Commonwealth, to Percival Ashley, administrator, as
aforesaid, and for the use of the heirs aforesaid, one hundred

RESOLVES, February 21, 1811. 113

and nineteen dollars, and seventy-seven cents, in full of said
balance.

LXXXIV.

Resolve granthig Josiah Smith %1& xVo in full for his services as
a soldier in Colonel Mar shalV s regiment. February 21, 1811.

On the petition of Josiah Smith, stating that, in the revolution-
ary war of the United States, he was a soldier in Captain Soper's
company, and Colonel Marshall's regiment, and that a balance
remains due for his services.

Resolved, That there be allowed and paid from the treasury
of this Commonwealth, to the said Josiah Smith, seventy-six
dollars and eighteen cents, in full for his said services.

LXXXV.

Resolve granting to Moses Hanson $50, for loss of time and ex^
pense, consequent to a wound received. February 21, 1811.

On the petition of Moses Hanson, a private in the company of
militia in the town of Lebanon, commanded by George Gerish,
praying for compensation for a wound he received while on mil-
itary duty, on the first day of October in the year of our Lord
one thousand eight hundred and ten.

Resolved, that for the reasons set forth in the said petition. That
there be allowed and paid to Moses Hanson, out of any monies
in the treasury of this Commonweahh, not otherwise appropri-
ated, the sum of fifty dollars, as a compensation for loss of time
and monies expended in consequence of said wound.

LXXXVI.

Resolve directing that blanks be printed for towns to make returns
of the election of Governor , ^c. February 21, 1811.

Resolved, That four thousand copies of each class of blank
printed returns proper to be used by selectmen and clerks oi
towns and districts, and assessors of plantations, in making out
their returns of votes for governor, lieutenant governor, senators
and counsellors, and representatives in Congress, according to
the forms prescribed in a resolve of the General Court, passed

114 RESOLVES, February 21, 1811.

on the fourteenth day of January, in the year of our Lord one
thousand eight hundred and seven, be printed at the expense of
this Commonweahh; and the secretary of the Commonwealth
is hereby authorized and directed to procure the same to be
printed, and to cause two sets thereof to be forwarded to the
clerks of each town or district, and to assessors of plantations
having a right to give in their votes in the above elections.

LXXXVIL

Resolve appropriating S6000 for the purchase of Regimental
Colours, b''c. February 21^ 1811.

Resolved, That the sum of six thousand dollars be, and the same
is hereby appropriated out of any n onies in the treasury, not
otherwise appropriated, for the purpose of providing state and
regimental colours, and such instruments of mu't.ic, as is requirtd
to be fiTrnishcr] by an act, entitled " An Act for reguLitiiig und
governing the militia of this Commonwealth ;" and his Excellen-
cy the Governor, with the advice of Council, is hereby author-
ized and requested to issue a warrant on the treasury from time
to time, for such sums as they may think proper, not to exceed
in the whole six thousand dollars, the warrant to be drawn in
favour of Amasa Davis, Esquire, Quarter Master General of
this Commonwealth, and the said Davis is hereby held and made
accountable for the expenditure thereof.

LXXXVIIL

Resolve granting $75 to Jonathan Simonds, junior. February

21, isn.

On the petition of Jonathan Simonds, junior, a private soldier
in the co r,p;iny of militia, in the town of Burlington, command-
ed by Capt. John Walktr, junior, prayinf^ for compensation for
a wound he received, while on military duty, on the first d ^y of
Novcmbc r I'st.

Resolved, that for reasons set forth in the said petition. That
there be allowed and paid to siid Jo^ithan Sinonds, junior, out
of any monies in the treasury of this Commoiiweahh, not other-
wise appropriated, the sum of seventy-five dol! :rs -ts a compen-
sation for time lost and money ejcpenciedj in conaequence of said
wound.

RESOLVES, February 21, 1811. i|5

LXXXIX. ^

Resolve constituting the selectmen of Carver, guardians to Lua-
ma Seepitf an Indian woman, February 21, 1811.

On the petition of the selectmen of Carver, praying that a
guardian may be appointed for Luam... Seepit, an Lidi.in woman,
who has become chargeable in said town, and who is the only
remaining heir to a certain piece of land lying within the limits
of said town.

Resolved, That the prayer of said petition be granted, and that
the selectmen of the said town of Carver for the time being, and
their successors in office, be, and hereby are appointed guardians
to the said Seepit.

XC.

Resolve on the petition of Lemuel Pomroy, making valid a depo-
sition^ February 21, 1811.

Upon the petition of Lemuel Pomroy, of Southampton, in the
county of Hampshire, representing that in the month of Ortober
last, he procured the depositions of Douglas King, of Westfield,
and John Lyman, of said Southampion, to bt regularly taken m
perpetual remembrance of several thnigs relating to the said
Lemuel's real estate in said Southampton, and that by misfortune
the said depositio- s failed of being recorded m the proper Regis-
try of Deeds till a few days after the expiration of the time lim-
ited by law for that purpose ; and praying that a resolve may
be passed, authorizinf^ the said Lemuel to use and havf the ben-
efit of said depositions, as if the same had been seasonably re-
corded.

Resolved, for reasons set forth in said petition, That the said
depositions of the said Douglas King and John Lyman may be
used, and shall have the same efR ct in all respects, as if the same
had been recorded within the tim^ limited by law for that pur-
pose.

116 RESOLVES, February 22, 1811.

XCI.

Resolve discharging the tmvn of Sandford from a fine of SIOO.
February 21, 1811.

On the petition of the inhabitants of the town of Sandford,
in the county of York, by their agent.

Resolved, for reasons set forth in said petition, That the inhab-
itants of the town of S andferd be discharged from payino; a fine
of fifty dollars, awarded by the Supreme Judicial Court holden
at York, in and for the county of York, on the third Tuesday of
May, A. D. 1810, on account of bad roads, on condition that the
sum of one hundred dollars be fiithfuily expended on the road lead-
ing from Eliot Frost's in said Sandford to the Province Mill, so
called, by the first day of August next, under the direction of the
selectmen of said town, in addition to the sum that is usually raised
by said town for the repairs of highways the ensuing >ear, the
said inhabitants producing satisfactory evidence of such expen-
diture to the Supreme Judicial Court next to be holden at Alfred,
within said county, and paying costs of prosecution.

XCII.

Resolve on the petition of John P. Boyd. February 22, 1811.

On the petition of John P. Boyd, praying for further time for
the payment of his notes m the treasury given for eastern lands ;
and for further time to settle three townships of land.

Resolved, for the reasons set forth in said petition, The further
time of two years from the passing of this rcsolve be allowed to
John P. Boyd for the payment of his notes in the treasury of this
Commonwealth y:iven for lands. Provided, s lid Bovd shall with-
in ninety days from the passing of this resolve, puy all the inter-
est that may be due on said notes.

Beit further resolved, That the further time of two years from
the first day of June next be allowed to John P. Br)yd, his heirs
and assigns, owner of townships numbered two, in the seventh
range ; numbered four, in the ei$:^hth range ; and nutnbc red four,
in the ninth range, north of the Waldo Patent, to complete the
settlement of forty families on each of said townships. And if
the said John P. Boyd, his heirs or assi,.<ns, >,hall setde withni s.ud
time the saiii number of families (including those already sertled)
on said townships, that then the estate and right of said John P.

RESOLVES, February 22, 181L 117

Boyd, his heirs and assi,^ns. shall be valid, full, and effectual to
all intv. nts and purposes us if the conditions of settlement express-
ed in the original deed ijiven of the said tovvn^hips by the com-
mittee appointed by the General Court, to sell and convey the
unappropriated lands in the District of Maine, had b en fully and
seasonublv complitd with. Provided neverfhekss, That the said
John P. Boyd, hi>> heirs or assigns, ^hall on or before the firbt day
of December next give bond to this Commonwealth, with suffi-
cient surety or sureties, to the satisf iction of the agents for the
sale of eastern lands, conditioned that the number of families
required in s.dd original deed to be settled on said township shall
within the said term of two years be settled thereon, or for the
payment of thirty dollars for each family, which shall then be
deficient.

XCIII.

Resolve authorizing the Treasurer to receive of Levi Hubbard^
Esq Treasurer of Oxford county y jSlll in Berkshire Bank
bills. February 22, 1811.

Upon the petition of Levi Hubbard, Esq. praying that the
treasurer of thi.^ Commonwealth may be authorized to receive of
him one hundred and eleven dollars in bills of the Berkshire
Banl', which he received in his office of treasurer for the county
of Oxford.

Resolved, for reasons set forth in said petition, That the treas-
urer of this Commonwealth be, and he hereby is authorized and
directed to receive of the said Levi Hubbard the aforesaid sum
of one hunared and eleven dollars, in bills or notes of the Berk-
shire Bank, being the same notes received by him in his office
of treasurer of the county of Oxford, as part of a fine and the
Cost of court unposed upon one Samuel Pumpilly by the Supreme
Judicial Court held at Portland w ithin the counties of Cumber-
land and Oxford, in the month of O tober, A. D one thousand
eii^ht hundred and eight, and upon the residue of the fine and
cost (whiJi was received by said Levi Hubbard as aforesaid) be-
ing paid to thr treasurer of the Commonwealth, that he give to
the said Levi Hubburd a full discharge for the same.

il^ RESOLVES, February '23, 1811.

XCIV.

Resolve appointing John Tinkham Trustee of the property of
Benjamin Simon^jun, an Indian. February 22^ \^\1.

Oo the petition of Benjamin Simon, jun.

R solved, for reasons set forth in the said petition, That John
Tinkham, Esq. of Middleboro' in the county of Pijtnouth, be,
and he is hereby appointed trustee of the property of the said
Benjaaiin Simon, jun. an Indi.m, with the same authority and
power, as was grunted to the said John Tinkham, as trustee of
the property of Beijamin Simon and William Simon, Indians,
in and by a resolve passed the seventh day of March, 1804.

xcv.

Resolve in favour of Silvanus Lapham. February 22, 1811,

Resolved, That there be allowed and paid out of the treasury
of this Commonwealth unto Silvanus Lapham, assistant mes-
senger to the General Court, one dollar per day, during the
present session of the General Court, over and above his
ordinary allowance.

XCVL

Resolve on the petition ofAmasa Stetson and others , granting
further time to complete their settlements, February 23,
1811.

On the petition of Amasa Stetson, Edward Tyler, and
others, praying further time to settle families on lands of which
they are proprietors.

Resolved, for reasons set forth in said petition. That a further
time of two years, from the first day of June next, be allowed
to Amasa Stetson, his heirs and assigns, owner of two town-
ships of land number three in the third range, and number three
in the second range of townships north of the Waldo Patent, to
complete the settlement of twenty families on township No. 5,
third range, and forty families on township No. 3, second
range ; to Edward Tyler and others, owners of township letter
D, (their heirs and assigns) in the County of Oxford, to com-
plete the settlement of forty families in said township letter D;

RESOLVES, February 25, 1811. 119

and if said Stetson and Tyler, their heirs or assif^ns, shall settle
within said time the said number of families (including those
already settled) on said townships respectively, that then the
estate, right, and title of said Stetson, Tyler, and others shall
be full and effectual to all intents and purposes, as if the condi-
tions of settlement expressed in the original deeds given of the
said townships by the comrtiiltce appointed by the General
Court to sell and convey the unappropriated lands in the Dis-
trict of Maine, had been fully and seasonably complied with.
Provided nevertheless, That the said Stetson, Tyler, and others,
their heirs or assigns, shall on or before the first day of Decem-
ber next, severally give bond to this Commonwealth, w.th
sufficient surety or sureties, to the satisfaction of the agents for
the sale of eastern lands, conditioned that the number of families
severally required in said original deeds to be settled on said
lands, shall, within the said term of two years, be settled on
said townships, or for the payment of thirty dollars for each
family which shall then be deficient of the \vhole number.

XCVII.

Resolve in favour of John Barker and others.
February 25, 1811.

Whereas by a resolve of the General Court passed 20th June,
1809, Salem Towne, Esq. was authorized and empowered to
ascertain the quantity and value of the lands taken to quiet the
settlers on the quarter of the township No. 4, on the Penobscot
River, sold to John Barker and Aaron Tufts, Esq. ; and said
Towne having reported that the land taken as aforesaid consists
of two lots ; one lot of one hundred acres, of the value of five
hundred and twenty-five dollars ; and one lot of eighty-two
acres, of the value of three hundred and twenty-eight dollars.

Resolved^ That there be allowed to John Barker and Aaron
Tufts, Esq. eight hundred and fifty-three dollars, in full for the
aforesaid two lots taken out of their purchase for the purpose of
quieting the settlers on the said quarter of the township No. 4,
on the Penobscot River. And the treasurer of the Common-
wealth is hereby directed to discount on the bond given by the
said Barker and Tufts to secure the payment of the purchase
money of the said quarter of the township No. 4, the above sum
of eight hundred and fiftv-three dollars.
17

120 RESOLVES, February 25, 1811.

XCVIII.

Resolve authorizing the Governor to appoint some person to
ascertain^ on what terms, certain Islands caii be purchased for
the Penobscot Indians-. February "IS, 1811.

On the petition of the Penobscot tribe of Indians, praying
that some person may be appointed to buy several small islands
in Penobscot River, called the Shad Islands, by exchanging
some of their land, or in such other way as to the Legislature
shall seem best.

Resolvedy for reasons set forth in said petition, That his
Excellency the Governor, by and vi'ith the advice and consent
of the honourable Council, be, and he is hereby authorized
and requested to appoint some suitable person, whose duty
it shall be to enquire into the subject matter of said petition, and
ascertain on what terms said islands can be had, either by
exchanging some of said Indians' land, or otherwise, and
report his doings to the next Legislature.

XCIX.

Resolve on the Petition of Agents for the town of Brunswick,

February 25, 1811.

On the petition of agents for the town of Brunswick, for
authority to convey and set off to the President and Trustees
of Bowdoin College, two hundred acres of the common land in
said town.

Resolved, for reasons set forth in said petition. That Jacob
Abbot and John Perry, jun. Esqrs. be, and they are hereby
authorized and empowered, on behalf of said town, to make
and execute a deed of two hundred acres of said common land
to the President and Trustees of Bowdoin College. And they
are also empowered to make a survey and establish the boun-
daries of said common land ; then to set off and divide to the
said President and Trustees, the aforesaid two hundred acres
of land with proper metes and bounds.

RESOLVES, February 25, 1811. 121

Resolve appointing a Committee on State Prisoni affairs*
February 25, 1811.

Resolved, That the Hon. Samuel Dana, Peter C. Brooks,
Aaron Hill, James Prince, and Benjamin Weld, Esqrs. be, and
they hereby are appointed a committee, during the recess of
the Legislature, to examine the books and accounts of the
superintendant of the State Prison, and of all other persons
who have had any agency in that institution, from its first estab-
lishment till the first day of December last, with power to send
for persons and papers, and to employ any suitable accountant
to assist them in such examination ; and also, if they think
proper, to revise the laws for regulating the State Prison, with
leave to report by bill or otherwise at the first session of the
next General Court ; and that they lay their account before the
committee on accounts for allowance.

Resolve on the ftetition ofRufus Davis, directing the Treasurer
to take his note and give up a note signed by Levi and Ebene-
zer Davis. February '-lb, 1811.

On the petition ofRufus Davis, executor of the last will and
testament of Levi Davis, late of Charlton, deceased, praying
that the treasurer of this Commonwealth be directed to give up
the note given by said Levi and Ebenezer Davis to said Com-
monwealth for the sum of sixteen hundred and sixty-seven
dollars.

Resolved, for reasons set forth in said petition. That the
treasurer of this Commonwealth be, and he is hereby authorized
and directed to give up to said Rufus Davis the said Levi and
Ebenezer's note : Provided, That the said Rufus shall first pay
the interest due, and give a note or bond to said treasurer for
the use of the Commonwealth, with sufficient surety or sureties,
to the acceptance of said treasurer, to the amount of said Levi
and Ebenezer's note.

122 KESOLVES, February 25, 1811,

CII.

Resolve on the petition of Simon Cheney^ administrator, for a
new note. February 2S, \'^\\.

On the petition of Simon Cheney, administrator on the
estate of Timothy Cheney, late of Medfield, in the county of
Norfolk, deceased, praying for a new note in lieu of one lost.

Resolved., That the treasurer of this Commonwealth be, and
and he is directed to issue a new state note for one hundred
forty dollars, and eighty-nine cents, bearing the same number
and date, at five per cent interest ; the said Simon, as adminis-
trator, as aforesaid, first giving bonds to the satisfaction of
the treasurer, and his successors in office, conditioned to save
the Commonwealth harmless from all demand therefor, on the
account of the note, said to be lost as aforesaid.

CIIL

Resolve on the petition of Thomas Leavit, of Buxton, County
of York. February 25, 1811.

Whereas, IMary Ayer, administratrix of the estate of Daniel
Ayer, late of Buxton, in the county of York, cordwainer, de-
ceased, and guardian to the heirs of said estate, they -being all
minors, was at a Court of Common Pleas, begun and holden
at Biddeford, within and for the said county of York, on the last
Tuesday of October, in the year of our Lord, one thousand
eight hundred and three, empowered by the said court to sell
and pass deeds to convey the whole of the real estate of said
deceased, she being then sole and unmarried : and the said
Mary, after intermarrying with Samuel Leavit, of said Buxton,
did on the twenty-third day of January, in the year of our
Lord, one thousand eight hundred and four, together with the
said Samuel, by their lawful names, by deed under their hands
and seals of that date, and by virtue of the said power from
said court, sell and convey to Thomas Leavit, of said Buxton,
a certain tract of land in said Buxton, the whole of the estate
of said deceased 3 being three fourths cf lot numbered two on
the letter H, and third division, and the said Mary having since
deceased : and the said Thomas having petitioned this court to
make the si'.ld deed as valid in law, as if the said Mary had

RESOLVES, February 26, 1811. . 123

been sole and unmarried at the time she executed said deed.
Therefore,

Resolved, That the deed aforesaid be, and hereby is made
vaHd in law to all intents and purposes, as if the said deed had
been made and executed by the said Mary, when sole, by the
name of Mary Ayer, in her said capacity of administratrix of
the said estate, and guardian to the said minor heirs, and as if
the said Mary had remained sole and unmarried at the time of
making and executing the said deed.

CIV.

Resolve on the petition of William Davis and others, agents
for the town of Plymouth. February 26, 1811.

On the petition of William Davis, Esq. and others, agents
for the town of Plymouth, praying further time to lot.ate
a township of land granted to them by a resolve dated February
24, 1808 ; the term limited in said resolve for locating said
township, being now expired. Therefore,

Resolved, That a further time of one year from this date be,
and hereby is allowed to said inhabitants to cause the same to
be located ; and the agents for the sale of eastern lands are
hereby directed to govern themselves accordingly, any thing
in the resolve of the 24th of February, 1808, to the contrary
notwithstanding.

CV.

Resolve for paying Warren Chase. Febi'uary 26, 1811.

Resolvedy That there be allowed and paid out of the treasury
of this Commonwealth unto Warren Chah.e, assistant to the
messenger of the General Court, one dollar per day during the
present session of the General Court over and above his usual
allowance.

CVI.

Resolve, further directing the Secretary in the purchase of the
several volumes of the Reports of lJecisio?is in the Supreme
Judicial Court. February 2Q, 1811.

Resolved, That the secretary be, and he is hereby authorized
to allow and pay twenty. five cents for each volume of the Reports

124 RESOLVES, February 26, 181L

of Cases argued and determined in the Supreme Judicial Court,
in addition to the sum limited by a resolve of the Let^islature
pissed the 14th day of February instant, and that two dollars and
twenty-five cents be considered as the price of each volume
which the secretary is to be limited by, in the same manner as
though that sum had been inserted in said former resolve.

CVII.

Resolve on the petition of John Chapman and others. February

26, 1811.

On the petition of John Chapman,of Tewksbury, in the county
of Middlesex, blacksmith, John Jaques, of said Tewksbury, yeo-
man, administrator of tht* goods and estate which were of John
Jaques, late of said Tewksbury, yeoman, deceased, and Zepha-
niah Clark, of said Tewksbury, ^uardi^n to Nathan Jaques, Sam-
uel Jaques, Polly Jaques, and O'iver Jaques, children and minor
heirs of the said John Jaques, deceased, settin,^ forth that the
said John Jaques, deceased, in his life time promised and agreed
to and with the said Chapman, that whenever he the said Chap-
man, should pay him the said John Jaques, deceased, the contents
of a note of hand given by said Chapman to said Jaques, dated
the eleventh dav of Aua:ust, in the vear of our Lord one thou-
sand eight hundred and six, for the sum of one hundred and
ninety-one dollars and ninety-seven cents, he the sair? Jaques,
deceased, would give s-nd Chapman, a good and sufficient detd
of tw^o lots or pieces of land, situated in said Tewksbury, and
described as follows viz. one lot or piece bounded, bf ginning at
the highway which leads from Tewksbury meetiuir-house to
Salem ; thence southwardly twelve rods by land of John Spauld-
ing ; thence west nineteen rods by land of Rl v. Jacob Coggiti ;
thence northwardly fourteen rods partly by land of said Coggin,
and partly by common land to the highway aforesaid, and thtnce
by said highway to the bound first mentioned. The other lot
or piece bounded, beginning at the north-west corner at land of
said Coggin ; thence eastwardly by lar.d of said Spaulding, six-
teen and a half rods to the land of Job Kittridge ; thence south-
wardly by said Kittridge's land nine rods; thence westwardly
twenty rods by land of said Kittridge and of said Coggiu ; thence
northwardly twenty rods by land of said Coggin, to the first
mentioned bound. — But that no such bond or obligation was
executed as would authorize the Supreme Judicial Court to

RESOLVES, February 26, 18lL 125

take cognizance of the subject ; and praying^ that the said adminis-
trator or j^u irdian may be authorized to convey s.iid lots of land
to said Chapman upon payment of said note, agreeably to the
promise of the intestate aforesaid :

Bt'soived, That for the reasons aforesaid, the said John Jaques,
ad m mi strator as aforesaid, and the said Zephaniah Clark, guard-
ian as aforesaid, be, and are hereby jointly authorized to coi.vey
the said lots of land to the said John Chapman, and that the joint
deed of the said John Jaques and Zephaniah Clark duly t xecuted,
acknowleds^cd and recorded, shall be sufficient to pass tlic fee of
the said lots of land to the said John Chapman,

CVIII.

Resolve granting Taxes to several Counties. February 26,

1811.

Whereas the treasurers of the following counties have laid
their accounts before the legislature for examination, which ac-
counts have been examined and allowed : and whereas the clerks
of the Courts of Common Pleas, 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 the sums necessary to discharge the debts
of tl'C said counties :

Resolved, That the sums annexed to the several counties, con-
tained in the following schedule, 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,
accordint^ to law.

Suffolk, forty-five thousand dollars . - - S45,000
Ehsex, eight thousand one hundred dollars - 8,100

Middlesex, nine thousand three hundred dollars - 9,300
Hampshire, two thousand five hundred dollars - 2.500

Plyaiouth, two thousand seven hundred and fifty dollars 2,750
B irnstable, one thousand eight hundred and fifty dollars 1,850
Worcester, four thousand dollars - - . 4,000

Norfolk, three thousand dollars . - . . 3,000

York, four thousand dollars . - - - 4,000

Cumberland, six thous.snd dollars - - - - 6,000

Lincoln, seven thousand seven hundred and fifteen dollars 7,715
Oxford, two thousand dollars ... - 2,000

Somerset, two thousand one hundred dollars - 2,10o

126 RESOLVES, February 26, 1811.

Hancock, four thousand six hundred and'fifty dollars 4.650
W'lshi'TiTton, one thousand five hundred dollars - 1.500

Jnd be it further resolved. That twenty thousand dollars of
the sum here by ordered to be raistd in the county of Suffbik Rr
the year ensuing, shall be appropriated towards building the new
court house in said countv.

CIX.

Resolve gi'antin^ pay to John Perry, assistant to the Messenger
of the Gentral Court, February 26, 1811.

Resolved, That there be allowed and paid out of the public
treasury, unto John Perry, assistant to the messt'ni;er of the
General Court, one dollar per ttay, for each day of the present
session of the General Court, over and above the usual allowance
to him.

ex.

Resolve to empower the Committee on the State Prison, to pur-
chase patent rights. February 26, 1811.

Resolved, Ti^at the committee appointc d durina: the present
session of the legislature to fxaniine tiie books and accounts of
the superintendant of the State Prison, and of all other persons
who have had any agency in that institution, and also to revise
the laws for rcs^ulating said prison, be, and tl>ey are hereby
authorized and empov\cred to contract for t)ie purchase of any
patent right, for the purpose of introducing into s;;id prison such
manufactures, as may, m their opinion, be conducive to the
mterests of the Commonwealth.

CXI.

Resolve on the petition of Elisha Sigourney and Judah Hays. Ex-
ecutors of the late General Henry Jackson. Pebrwy Zb, 1811.

On the petition of Judah Hays and Elisha Sigourney in their
capacity of executors of Henry Jackson, late of Boston, in the
county of Suffolk, Esq. deceased, representing that said Jackson
was at the time of his f tecease a creditor of Henry Knox, late of
Thomaston, in the county of Lincoln, Ehq. deceased, and have

RESOLVES, February 26, 1811. 127

by accident lost the benefit of rlaiming under the commission of
in.-^o!vency on said Knox's estate, the same having been cios 'd.

Resolved, That the Jui^e of Probate in the county of Lincoln
be, and iie hereby is authorized and required to cause the com-
mission on the e >tate of the said Henry Knox to be further extend-
ed for the term of two months from the first day of March in
the year one thousand eii^ht hundred and eleven ; and that
all persons who have not exhibited their claims on the estate of
Said Henry Knox be, and they are hereby authorized and em-
powered to ( xhibit the same to the commissioners ; and that if
the comniissio[iers heretofore appointed shall have deceased or
they or either of them shall be incapacitaied, or shall refuse to
s- rve, the Judge of Probate is hereby authorized to aj-point one
or more other commissioners. Provided ahvays, that the- c^sts
of all pToceec-i'gs to be had in viriiie of (Iilt resolve in the Pro-
bate Offii-e, and the expenses of the further meeting^s and s.s-
sion-> and services of said commissioners sh.dl b;^ defrayed and
p 'id by the aforesaid petitioners, Judah Hays and KlishaSigour-
ney ; and that no part of the costs, ch.i; i^es, or c xpenses of open-
ing the said commission in virtue hereof, shall be charid^eable to
the estate of said Henry Knox.

CXII.

Resohe appointing Edward Mitchell jun. Guardian to the Indiatfs
in Bridge-water. February 26, 1811.

Resolved, That Edward Mitchell, jun. of Brid.ajewater, in the
county of Plymouth, be, and he is iiereby appointed a i^-uard'an
over all the Indians residing in said Bridijt water and owning .ands
therein, with all the powers which are by the laws of this Com-
monwealth given to guardians in other eases. Provided. That
the said Edward Mitchell, jun. do first give suffi leni bond-, ;q
the Judge of Probate forth, countv of Piy.nonth, for the faith-
ful performance- of the trust repobed in him by the aforesaid
appointment.
18

128 RESOLVES, February 26, 1811.

CXIIL

Resolve accepting the report of Simon Lamed and Moses Hop-
kins^ Agents for the sale of the Commonwealth' s land in the
county of Berkshire. February 2^^ 1811.

The committee to whom was committed the report of Simon
Larned and Moses Hopkins, and the documents accompanying
the same, report the following resolve, which is submitted bv

E. STARKWEATHER, j&^Torf/ifr.

Whereas by a resolve of the legislature of the said Con;mon"
wealth, passed the fourth day of February, in the year of our
Lord one thousand eight hundred and four, and another resolve
of the thirteenth of June, 1807, Simon Larned and Moses Hop-
kins were appointed agents to take possession of, sell, and con-
vey all the Commonwealth's land lying in the county of Berk-
shire, and directed to pay over seven hundred and fifty dollars
of the proceeds thereof to the heirs of John Biirghardt.

Resolved^ That the report of the said Simon Larned and Moses
Hopkins, agents as aforesaid, on the subject of the sales of the
ands aforesaid, be, and the same is hereby accepted.

And be it further resolved. That the said agents shall as soon
as may be, return to tht Secretary's office a certificate of the
payment of the said sum of seven hundred and fifty dollars to the
heirs of the said John Burghardt, and pay into the treasury of
the Commonwealth the sum of one hurdred and sixteen dollars
and ninety-four cents, it being the balance due to the Common-
wealth, after deducting the said agent's account in full, and inci-
dental charges of the -alts of the land afore^idd .■?> appears b) the
schedule of the said agents which is annexed to Uivir said report.

CXIV.

Resolve on iJie petition cf Isaac Maltby. February ^^, 1811.

Oil the petition of Isaac ^vlallby, praying that Jonathan Ly-
m-^n, administrator on the esta-e of Israel Parsons, late of Hatfield
in the county of Hunlp^hire, deceased, may be audiorized and
empowered to m;il;e and execute deeds of two pieces of land ly-
ing in Stiid Hatfit (I, which land was conveyed by said Isaac
Maltby to said Israel Parsons -ds collateral security to guarantee
the payment of a note of h:.nd signed by Lenaiei Dickinson,
which note ha^ been paid.

RESOLVES, February 26, 1811. 129

Resolved, That the said Jonathan Lyman, administrator as
aforesaid, be, and he hereby is authorized and empowered to
make and execute good and sufficient deed or deeds of two pieces
of land lying in said Hatfield to him the said Isaac Maltby, bound-
ed as follows : the first lot on the north by Moses Warner, south
by Ebenezer and Daniel Dwight, west by Moses Sherman, and
east by land of the said Israel Parsons, containing fifty-one acres;
the other lot lying near Great Plain, so called, and bounded west
by Capt. Silas Billings, south by land unknown, east by Seth Bard-
Wi^ll's neirs, and north by land unknown ; containing fourteen
acres; that the deed or deeds by said Jonathan Lyman, adminis-
trator as aforesaid, by him duly executed, shall be sufficient to
convey the above two pieces of land to him, the said Isaac JVJaltby,
to all intents and purposes, as if the same had been made by
said Israel Parsons in his life time.

cxv.

Resolve granting Edxvard M' Lane S250. February 26, 181 L

Resolved, That there be allowed and paid out of the treasury
of this Commonwealth to Edward M'Lane, first clerk in the
Secretary's office, the sum of two hundred and fifty dollars, in
full compensation for extra services rendered in the said office
by the said Edward M'Lane, since the decease of the late
secretary Avery.

CXVL

Resolve on the petition of TFilUam Heard and others. February

26, 1811.

On the petition of Abigail Heard, William Heard and others,
praying that William Heard may be authorized to make and
execute a deed of conveyance of a certain lot of land situated in
Thomastown, in the county of Lincoln, to John Heard, of said
Thorn ustown.

Resolved, for reasons set forth in said petition. That the prayer
thereof be so far granted that the said William Heard, adminis-
trator on the estate of William Heard, late of said Thomastown,
deceased, be, and he hereby is authorized and empowered to con-
vey to the said John Heard, a certain parcel of land lying in suid
Thomastown, bounded as follows : beginning at Makers Cove,

130 RESOLVES, February 27, 1811.

so called, at a stake and stones, thence running south by east,
two hundred and thirtj\.tvvo rods, to a birch tree, on the bank of
the sea short , thence by the shore easterly until it makes sixt\ rods
at right angles from the before mentioned line, thence north by
west one imndred rods to a stake and stones, thence north
twenty-six degrees west, one hundred and twenty-seven rods to
thi^ first mentioned Cove, thence westerly by the shore to tlit first
mentioned bounds, /ontaining seventy-one acres and three fourths
of an acre, and to make and execute a good and sufficient deed
to convey the same, which shall be valid in law to all intents dud
purposes, as if the said William Heard had conveyed the same in
his life time.

CXVII.

Resolve for paying the Chrks and Chaplains of both Houses,
Fthruary 27, 1811.

Resolved, That there be paid out of the public treasury to
Naiiianiel Coffin, Esq. clerk of the Senate, 'nd to Charles Psnck-
rey Sumner, Esq. clerk of the House of Represer.tativeh. ti.ree
hundred andfiftv dollars each ; and also to S.-muel F. M Clary,
assistant i lerk of the Senate, and to Thomas W ah ut, -ssistant
clerk of the House of Representatives, two iiundred and fifty dol-
lars each ; and also to the R v. Joseph Sti yens Buckminster,
ch iplain of the Senate, and the Rv v. Dr. Thrmcis Baldwin, chsp-
lain of the House of R' presenlatives, sixty dollars each; m lull
of ihcir services in said offices the present session.

cxvin.

Resolve granting SI 00 to the Secretary to pay assistant Clerks,
February 2 7 , 18 1 1 .

Resolved, That there be allowed and paid out of the publick
treasury of this Conmionwealth unto Bi njamin Hon ans, E q.
S' Tet.trv of the State, one hundred dollars, to enable him to jj^y
such assistant clerks as he may have enip>oyed to ^xpedit the
public business of the present session of the General Couri— he
to be accountable for th9 expenditure thereof.

RESOLVES, February 27, 1811. 131

CXIX.

Resolve on the petition of Wtnslow Parker, February 'iTi ^ 1811.

On the petition of Winslow Parker, praying for the assistance
of this Co iimonwealth in defence of a certain action brought by
Jtaxrs Mirtin against him to recover possession of certain lands
in Groton, in the county of Middlesex, which was conveyed by
this Commonwealth to tVie said Winslow Parker with warranty.

Resolved, for reasons set forth in said petition. That the Attor-
ney General of this Commonwealth, be, and he hereby is author-
ized to appear on behalf of this Commonwealth in the suit now
pending, in tise county of Miitdlesex, brought by the said James
Martm against the said Winslov^ Parkt-r, for the recovery of said
land conveyed as dforesaid, and to examine into the title of the said
Martin thereto — and the said Attorney General is hereby author-
ized and required, if he shall think it expedient, to defend agdnst
the claim of the said Martin to said land; and to substitute
any other person, or persons 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 Governor,
by and with the advice of the Honourable Council, be, and he
hereby is authorized and requested to issue his warrant on the
tre »sury for such sum, not exceeding one hundred dollars, as the
said Attorney G ncral shall apply for to defray the necessary
expenses of any of the services hereby required, for which sum
he shall be accountable.

CXX.

Resolve for paying the Committee on Accounts. February 27,

1811.

Resolved^ That there be allowed and paid out of the public
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, viz.

Hon. Nathan Willis, thirty-one days, thirty-one dollars. —
Hon. Israel Bartlett, thirty-one days, thirty-one dollars.-:-
Thomas Hale, thirty-one days, thirty-one dollars. — David

132 RESOLVES, lebruary 27, 1811.

Perry, thirty-one days, thirty-one dollars. — Nathan Fisher,
thirty-one days, thirty-one dollars. — Silas Holman, fifteen days,
fifteen dollars.

CXXI.

Resolve allowing further time to any town in the County of
Worcestery for recovering monies back, paid as a tax for
the Court House. February 27, 1811.

The committee of both Houses, appointed to consider the
expediency of lengthening the time to any town in the county
of Worcester, for refunding the money such town so paid for
the purpose of building a court house, in the county of Wor-
cester, according to a resolve passed the 29th day of January,
1801, with leave to report by bill or otherwise, report the
following resolve, which is submitted by

EZRA STARKWEATHER, per order.

Resolved, That the further time of two years from the first
day of March next, be, and is hereby granted to any town, or
towns, in the county of Worcester, which may be severed from
the same within that time, and incorporated with any other
county, to recover back any sums of money which have been
assessed on them respectively, and paid towards a tax, granted
.January 29, 1801, for the purpose of building a court house
in Worcester ; any thing in the original resolve to the con-
trary notwithstanding.

CXXII.

Resolve to pay Nathaniel Coffin %SS for completing an index
to the Senate Journals. February 27, 1811.

Resolved, That there be allowed and paid out of the treasury
of this Commonwealth to Nathaniel Coffin, the sum of fifty-
five dollars, in full for his services for completing an index to
the Senate Journals, since the adoption of the Constitution in
the year 1780, agreeably to an order of the Senate.

RESOLVES, February 27, 1811. 133

CXXIII.

Resolve discharging' the Quarter Master General of eleven
thousand Jive hundred dollars^ and making an appropria-
tion of thirteen thousand dollars for his department.
February 21, 1811.

Resolved, That Amasa Davis, Esq. Quarter Master Gen-
eral, be, and he hereby is discharged from the sum of eleven
thousand five hundred dollars, Vvdiich he expended, including
his salary, office I'ent, and clerk hire, amounting to one thou-
sand dollars, for one year, ending the seventh day of January,
in the year of our Lord, one thousand eight hundred and
eleven, out of the sum he has received the last year by war-
rants on the treasurer.

Resolved^ That the sum of three hundred and fifty-five dol-
lars, and eighty-eight cents, be paid to the said Amasa Davis,
Esq. out of the treasury of this Commonwealth, as the balance
of his account.

Resolved, That the sum of thirteen 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 requested
to issue his warrant on the treasury for the amount, at such
period and in such sums, as his Excellency, u'ith the advice of
Council, may deem expedient for public service.

CXXIV.

Resolve on the petition of JVathaniel Dumraer, and others,,
directing the agents for the sale of eastern lands, to cause a
survey of ten townships of land. February 27, 1811.

The committee of both Houses, to whom was referred the
petition of Nathaniel Dummer, and others, praying the aid oi
the legislature of said Commonwealth in laying out a road from
the Kennebeck river, to the north boundary of said Common-
wealth, in a direction to the nearest settlement on the river
Chaudiere, ask leave to report the following resolve.

Resolved, for reasons set forth in said petition, That the
agents for the sale of eastern lands be, and the}^ hereby nvv.
aj-ithorized, to survey, or cause to be surveyed, ten townships
of land, to be so laid owt. as that the road run out bv Charles

134 RESOLVES, February 27, 1811.

Turner, jun. Jolm Merrick, and James Stackpole, jun. F.sqrs*
in the year 1810, may run through said townships, the said
townships to extend from the north line of Bingham's milUon
of acres, so called, to the northern boundary of this Common-
wealth, in order to provide for opening said road, the agents
aforesaid are authorized and directed to advertise in the several
newspapers printed in the town of Boston, that they are ready
to receive proposals to effect the opening of said road, from any
person or persons disposed to do the same, the contractors
agreeing to fell the trees, and make the necessary bridges and
causeways, and clear and make the road of suitable width, and
convenient for travelling, for which the said agents are authoriz-
ed to convey to the contractors in payment for said road, a pro-
portion of said townships, not exceeding one quarter of each
township, to be located under the direction of said agents.
Provided^ that the said contractors shall be obliged to produce
satisfactory evidence to the agents aforesaid, that they have
completed said road agreeably to their contracts.

Provided nevertheless^ That in case the road above mentioned
is not cojnpleted within five years to the acceptance of the
committee for the sale of eastern lands, then this resolve to be
null and void.

cxxv.

Resolve on the petitioji of Pitt Dillingham . February 27, 1811.

Resolved, That there be granted and paid out of the public
treasury to said petitioner, the sum of one hundred eighty-
eight dollars, and seventeen cents, in full of his claim for the
support and maintenance of Miles Ford, a state pauper. A7id
also, the further sum of three hundred and eighty dollars to
said Dillingham, to indemnify him in his loss, occasioned by
the destruction of the Commonwealth's gaol in Augusta by
fire. And his Excellency the Governor with the advice of
Council, is authorized to issue his warrant to the Treasurer of
the Commonwealth directing him to pay the same accordingly.

CXXVL

Resolve directing the Secretary to deliver to the Govefnor,
Books and Maps. February 11, 1811.

JResoived, That the Secretary be, and he hereby is directed
to deliver the Governor of the Commonwealth, for the time

RESOLVES, February 28, 1811. 135

being for his own private and particular use, one set of the
maps of Massachusetts and Maine, one set of the General, and
one set of the Special Laws, each bound in three volumes, one
copy of all other laws, passed since the publication of said
volumes, and previous to the election of such Governor, one
copy of all the printed Resolutions which may be found in his
office, also one set bound, of all the laws of the United States,
which may be found in his office. And one complete set of
the Massachusetts Term Reports.

CXXVIL

Resolve on the petitions of John Campbell, and James Gibson.
February 2^, 1811.

On the petition of John Campbell and James Gibson, pray-
ing that they may have the privilege of purchasing two islands
which they' have settled and made improvements upon for
many years, situated near Deer Island, in the county of Han-
cock. Therefore,

Resolved, That the agents for the sale of eastern lands be,
and they are hereby authorized and empowered to sell to said
John Campbell and James Gibson, or any other person or
persons, what islands remain unsold, belonging to this Com-
monwealth, within the limits of the corporation of s-iid Deer
Island, for such consideration as the agents aforesaid may
think just and reasonable.

CXXVIII.

Resolve directing the Secretary to deliver plans, papers, fc?r. to

the Agents for the sale of Eastern lands.

February 2^ y 1811.

Resolved, That the secretary of this Commonwealth be, and
he hereby is directed to deliver to the agents for the sale of
eastern lands, all the plans, papers, copies of deeds, and other
documents concerning the Commonwealth's lands in the Dis-
trict of Maine ; and the agents aforesaid, are directed to receive
the same and place them on their files for the use of the Com-
monwealth.
19

136 RESOLVES, February 28, 1811.

. CXXIX.

Resolve on the petition of Daniel Hill. February 28, 1811.

The committee on the subject of eastern lands to whom was
referred the petition of Daniel Hill, that he may be quieted in
the possession of a lot of land in township number five on
Schoodic river, report the following resolve.

Resolved, That the agents for the sale of eastern lands be,
and they hereby are directed to cause said lot to be surveyed
at the expense of said Hill, or his assigns, and to quitclaim all
right, title, and interest, which the said Commonwealth has to
said lot, on the said Daniel Hill, his heirs, or assigns, paying five
dollars with interest, from the 25th June, 1790, to said agents,
and the treasurer of this Commonwealth is directed to pay to
the proprietors of said township number five, such sum of
money as appears to have been paid for said lot by said pro-
prietors, with the interest thereon, from the time the said town-
ship was purchased by them.

cxxx.

Resolve for removing prisoners from tJie County of Washington
to Augusta. February 28, 1811.

Upon the representation of John Burgin, Esq. and others,
magistrates in the county of Washington, that Ebenezer Ball
is charged with the crime of murder, alleged to have been
committed in the county of Washington ; — and that Peter
Berry and Frederick Gray are also charged with crimes alleged
to have been committed in that county ; and praying that meas-
ures m;'.y be taken for their safe custody, the jail in that county
being insufficient therefor.

Resolved, That the Sheriff of the countv of Washington be,
and he hereby is authorized and required forthwith to remove
the said Ebenezer Ball, and the said Peter Berry, and the said
Frederick Gray, to the town of Augusta, in the county of Ken-
ncbeck, and deliver the same persons to the sheriff of the
county of Kennebeck ; and the sheriff of the last mentioned
county is hereby required to receive the said Ball, Berry, and
Gray, and them safely keep until they shall be discharged by
due order of law ; and for the purpose of safely keeping the said

RESOLVES, February 28, 1811. 137

Ball, Berry, and Gray, the sheriff of Kcnnebtck is hereby au-
thorized and empowered to employ a suitable guard, if neces-
sary.

CXXXI.

Resolve on the petition of Joseph Tirrell^ directing the Treasurer
to issue a new State note^ for one lost, February 28, 1811,

On the petition of Joseph Tirrill, praying that the Treasurer
of this Commonwealth may be authorized to issue a new State
note, to replace one which has been lost by him.

Resolved, for the reasons set forth in said petilion. That the
Treasurer of this Commonwealth be, and he hereby is directed
to issue a new State note in the name of the said Joseph Tirrill,
of the same sum, tenor, and date, of the one lost by him, which
was dated in April, one thousand seven hundred and ninety-six,
for the sum of twenty-three dollars and sixty-two cents, and on
interest, at five per cent, from July the first, one thousand seven
hundred and ninety-four, on which note the interest has been
paid for five years, he, the said Tirrill, first giving bonds with
sufficient sureties to the Treasurer of this Commonwealth, pay-
able to him or his successor in that office, to indemnify and
save harmless this Commonwealth from any demand or dam-
ages whatever, which may arise fiom the renewal of said note.

CXXXII. ..

Resolve on the petition of John Rowe and others.
February 2S, 1811.

©n the petition of John Rowe and others, praying that they
may have liberty to extend their wharf a hw feet into the chan-
nel, in the harbour of Boston.

Resolved, for the reasons set forth in their petition. That the
said John Rowe and others be, and they are hereby authorized
and permitted, in repairing said wharf, to extend the same from
the north corner thereof, as it now stands, twenty feet ; and
from the south corner thereof, as it now stands, fifteen feet,
further into the channel. Provided, That part of the wharf, so
to be extended into the channel, be built wholly with stone, to
high water mark ,

138 RESOLVES, February 28, 181L

CXXXIII.

Resolve on the petition of WiUiam Tudor^ Esquire.
February 2^, 1811.

Whereas, William Tudor, Esq. late Secretary of this Com.
monvvealth, has represented to this court, that during the two
years oi" his serving in the said office, from June one thousand
eight hundred and eight, to June last; he received in fees of
said office, ele^'en hundred and thirteen dollars and forty-eight
cents ; which sum he has made application might be adjusted.
Therefore,

Resolved^ That considering the statement made of the extra
services performed by said William Tudor, Esq. while Secre-
tary of this Commonwealth, that he be allowed to retain the
sum of one thousand dollars of the money now remaining in
his hands as a compensation for said services and that upon the
payment of one hundred thirteen dollars, forty eight cents, into
the treasury of this Commonwealth, he be, and he hereby is
discharged from all demands of the Commonwealth against him,
for fees received by him as Secretary as aforesaid, for the two
years he served in that office, ending June last.

CXXXIV.

Resolve for stay of Execution agaiiisf the sureties of the latt
Treasurer Skinner, February 2^, 1811.

Upon the petition of Timothy Childs, Esq. and others, sure-
ties of Thompson J. Skinner, deceased, late Treasurer of the
Commonwealth, for the first year of said Skinner's office, pray-
ing that executions upon such judgments as may be rendered
against them, may be further stayed.

Resolved., for reasons set forth in said petition. That the So-
licitor General be, and he is hereby authorized and directed to
consent to the continuance of the several actions against the
said petitioners, for judgment, from term to term, until March
term of the Supreme Judicial Cour% which will be held at
Boston, in and for the county of Suffolk, on the second Tues-
day of March, which will be in the year of our Lord one thou-
sand eight hundred and twelve. Provided^ The petitioners
shall first pay to the Solicitor General the sum of five hundred
dollars, towards defraying the costs and expenses of the suits

RESOLVES, February 28, 1811. 139 "

against said petitioners; And provided also ^ That said petition-
ers shall first give sufficient collateral security to the Common-
wealth to the satisfaction and acceptance of the said Solicitor
General, and of the Treasurer of the Commonwealth, to pay
into the treasury of the Commonwealth the sum of ten thousand
dollars, and also all the interest upon the whole sum due the
Commonwealth from the estate of said Thompson J. Skin-
ner and his sureties ; said last mentioned sum and interest to
be secured and paid as aforesaid, at two, four, and six months
from the day on which the continuances in the aforesaid actions
shall be entered of record, and when paid, to be in part dis-
charge to the amount thereof, of the sum for which judgment
is finally to be rendered against the said petitioners.

Provided also^ That nothing herein contained, shall be con-
strued to effect or invalidate the attachments already made
upon the property of the petitioners in the actions aforesaid.

cxxxv.

Resolve fir allowance to Joseph Balchy fir services in the Sec-
retary's office, ^\9Q. February 2^, 1811.

On the petition of Benjamin Homans, Secretary of the Com-
monwealth of Massachusetts, praying for an allowance to Jo-
seph Balch, for his service in recording the proceedings of the
Provincial Congress, in the year 1774 and 1775.

Resolved^ for reasons set forth in said petition. That there be
allowed and paid out of the treasury of this Commonwealth to
Joseph Balch, the sum of one hundred and ninety dollars, in
full for said service. And his Excellency the Governor, by
and with the consent of Council, is hereby requested to draw
his warrant on the treasury for the same, when he shall have
evidence that the said records are completed.

CXXXVI.

Resolve directing the Attorney or Solicitor General to commence
and prosecute a suit against Joseph Thomas and others.
February 28, 1811.

Resolved, That the Attorney or Solicitor General be directed
to commence and prosecute, to final judgment and execution,
a suit against Joseph Thomas and others, petitioners for a turn-

140 RESOLVES, February 28, 1811.

•
pike from Plymouth to Queen Ann's corner, in Hins^ham, to
recover the account of the court's committee, for their trouble
and expenses in viewing the ground proposed for said road, in
coiiformity to the direction of the legishiture of this Common-
wealih.

CXXXVII.

Resolve confirming the doings of Calvin Cronibie, admniistrator
on Wdliani Cronibie^ jun'rs. estate. February 28, 1811.

On the petition of Calvin Crombie, administrator on the
estate of Wiliiam Crombie, jun. deceased, late of Plymouth in
the co'Miy of Plymouth.

Resolved, for reasons set forth in the said petition, That the
doings of the said Calvin Crombie, as administrator on the
estate of Wiliiam Crombie, jun. deceased, late of Plymouth in
the county of Plymouth, be, and hereby are confirmed and made
valid, and the conveyance of the estate of the said William, by
the said Calvin, shall be as good and valid in law, to all intents
and purposes, as if the administrator had, previous to the time
of the sale of the real estate of said deceased, given bonds to
the Judge of Probate for said county, as are required by law
in such cases.

CXXXVIil.

Resolve directing the Courts of Cormnon Fleas in the several
counties, to appoint Commissioners to settle the county Treas-
urer''s accounts. February 2^, 1811.

Resolved, That the Justices of the Courts of Common Pleas
in the several counties of this Commonwealth, at the term of
said court holden next after receiving notice of this resolve, be
directed to appoint three commissioners, whose duty it shall be
to examine and audit the accounts of the Treasurer of such
county for such length of time as they shall think j^roper, so far
as may re late to any monies received by them for the use of
the Commonwealth ; and to make repoit thereon to the said
Courts of Common Pleas, as soon as may be. And the said
justices are hcrel\v authorized and empowered to direct the
said commissioners, in like manner, to examine and report upon
the accouiUs of any persoUj who has been Treasurer of said

RESOLVES, February 28, 1811. 141

county. And the clerks of said courts are hereby directed to
make out a certified copy of the report of said commissioners
and transmit the same to the Secretary of this Com'monwealth,
that the same may be laid before the legislature. And the said
commissioners are hereby authorized and empowered to send
for persons and papers.

Resolved, That the Secretary of this Commonwealth be di-
rected to transmit a copy of the foregoing resolve, as soon as
may be, to the clerks of the Courts of Common Pleas in each
county in this Commonwealth.

CXXXIX.

Resolve graiit'ing one hundred dollars to Jacob Kuhn,
February 2%, 1811.

Resolved, That there be allowed and paid out of the public
treasury to Jacob Kuhn, messenger of the General Court, the
sum of one hundred dollars, which, with the sum allowed him
by a resolve of the 15th of June last, shall be in full for his ser-
vices for the present year, ending the thirtieth day of May next.

CXL.

Resolve oji the petition of Samuel Swan, Esq. February 28,

1811.

Whereas a board of commissioners were appointed by the
legislature of this Commonwealth, in March last, to settle the
lottery accounts with the managers of the Amoskeag Canal
Lottery, and said board were directed to report the balance of
each manager's account to the Solicitor General, and he to col-
lect such balances as should be so reported due to the lottery,
antl place the same in the treasury of said Commonwealth ; but
no provision is therein made for the Treasurer to pay any man-
ager who shall Idc reported by said board to be creditor of said
lottery.

And whereas, said board of commissioners did find and re-
port a greater balance due from said lottery unto Samuel Swan,
Esq. one of said managers, than they reported against the other
managers. Therefore,

Resolved, That the Treasurer of said Commonwealth be, and
he is hereby directed to pay what money he shall receive of the

142 RESOLVES, February 28, 1811.

Solicitor General as aforesaid, unto said Samuel Swan, Esq.
taking his receipt therefor, toward the balance already reported
by said commissioners due to him from said lottery.

CXLI.

Resolve authorizing the Governor to appoint commissioners to
the Penobscot Indians. February 28, 1811.

Resolved^ That his Excellency the Governor, with the advice
and consent of Council, be, and he hereby is authorized to
nominate and appoint one or more suitable persons, not exceed-
ing three, as a board of commissioners to induce the Penobscot
tribe of Indians to cultivate their lands, teach them the arts of
husbandry, supply them with farming utensils, and use such
other measures as they may consider expedient to ameliorate
the condition of said tribe.

Be it further resolved, That there be paid out of the treasury
of this Commonwealth, to said commissioners, five hundred
dollars, to be applied by them to the purposes aforesaid. And
his Excellency the Governor is hereby requested to draw his
warrant on the Treasurer for the same.

CXLII.

Resolve making an appropriation for the State Prison, q/'S 10,000
February 2^, 1811.

Resolved, That his Excellency the Governor, by and with
the advice of Council, be, and he is hereby authorized to draw
warrants upon the Treasurer of this Commonwealth, in fa-
vour of the superintendent of the State's Prison for such sums,
at such periods as may be deemed expedient by the Governor
and Council, not exceeding ten thousand dollars, to enable said
superintendent to perform his contract and defray the expenses
of said prison, the present year ; he to be accountable for the
same.

RESOLVES, February 28, 1811. 143

CXLIII.

Rssolve in favour ofJosiah Dwight, Esq. February 28, 1811.

Resolved^ That there be allowed and paid out of the treasury
of this Commonwealth the sum of fifty dollars to Josiah Dwight,
Esq. late Treasurer of this Commonwealth, in full for time,
service, expenses, and travel, in adjusting and settling his ac-
counts as such Treasurer, with the committee of the General
Court ; and his Excellency the Governor is hereby requested
to draw his warrant on the Treasurer for the sum aforesaid.

CXLIV.

Resolve on the petition of Elizabeth Trask. February 28, 1 8 1 L

On the petition of Elizabeth Trask, late of Northport, in the
county of Hancock, praying for an indemnification for her
trouble and expenses in boarding, nursing, and furnishing with
necessary supplies, Thomas Eustis, a poor foreigner, from
January 26th to March 16th 1810.

Resolved^ for reasons set forth in said petition, There be
allowed and paid out of the public treasury to the said Eliza-
beth Trask, the sum of one hundred and nine dollars and eigh-
teen cents, in full for her said trouble and expenses.

CXLV.

Resolve for paying the committee appointed to make and report
a fax BUI. February 28, 1811.

Resolved, That there be allowed and paid out of the public
treasury to the committee who were appointed to make and
report a Tax Bill the present session of the General Court, for
their services, the sums annexed to their names respectively,
in addition to their pay as members of the_ Legislature, viz :

Benjamin Greene — five days, five dollars.

Nathan Fisher — five days, five dollars.

Silas Holman — ten days, ten dollars,

!44 RESOLVES, March 12, 181 L

CXLVI.

Besolvc granting compensation to Bradish Billings and others,
for summonijig witnesses before the Committee of Elections.
February 2d, 1811.

Resolved, That there be allowed and paid out of the treasury
of this Commonwealth, to Bradish Billings, twenty-three dol-
lars, to George Jackson, twenty-four dollars and thirty cents, to
Moses Thayer, ten dollars and eighty cents, to Levi Joy, ten
dollars and eighty cents, and to Benjamin Leeds, ten dollars
and eighty cents, for summoning witnesses before the com-
mittee of elections, and that his Excellency the Governor be,
and he is hereby authorized to draw his warrant on the treasury
for the payment of the several persons before named, respect-
ively.

CXLVIL

Resolve granting 860 to Thomas JFallcut, for extra writing
in the Recess. February 2^, 1811.

Resolved, That sixty dollars be granted and paid out of the
public treasury, to Thomas Walicut, in full for writing done
for the House of Representatives, in the recess of the Legisla-
ture, according to his account herewith exhibited.

CXLVIII.

Resolve on the petition of Samson TVoods, authorizing the
Attorney General to defend him against the claims of James
Martin, March 12, 1811.

On the petition of Samson Woods, administrator on the estate
of Henry Woods, late of Peppcrell, in the county of Middle-
sex, Esq. deceased, praying for the assistance of this Common-
wealth, iu 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 with 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 all

RESOLVES, March 12, 1811. 14^

the suits now depending in the county of Middlesex, brought
by the said James Martin against said Samson Woods and
others, claiming under the said Henry Woods respectively, for
the recovery of parts of said lands, conveyed to said Henry
Woods, as aforesaid, and to examine into the title of said
James Martin to said lands. And the said Attorney General
is hereby authorized and required, if he shall think it expe-
dient, to defend against the claim of the said Martin, and to
substitute any other person or persons to do and transact the
said business in his stead, or any matter or thing thereto apper-
taining, at his discretion.

And it is further resolved,, That his Excellency the Gover-
nor, 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
three hundred dollars, as the said Attorney General shall apply
for, to defray the necessary expenses of any of the service??
hereby required, for which sum he is to be accountable.

CXLIX.

Resolve on the petition of Lemuel Petts^ authorizing the
Attorney General to defend him against the claim of James
Martin. March 12, 1811.

On the petition of Lemuel Petts, praying for the assistance
of the Commonwealth, in defence of certain suits brought by
James Martin to recover possession of certain lands in Towns-
hend, in the county of Middlesex, which were conveyed by
the Commonwealth to the said Petts, with 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 this Commonwealth, in the
suits now depending in the county of Middlesex, brought by
the said James Martin against the said Lemuel Petts and
others, claiming under him respectively, for the recovery of
parts of said lands, conveyed to the said Petts, as aforesaid,
and to examine into the title of said Martin to said lands.
And the said Attorney General is hereby authorized and
required, if he shall think it expedient, to defend against the
claim of the said Martin to said lands, and to substitute any
other person or persons to do and transact the said business in
his stead, or any matter or thing thereto^ appertaining, at his
discretion.

146 RESOLVES, March 12, 1811.

And if is further resolved^ That his Excellency the Gover-
nor, by and with the advice and consent of the Honourable
Council, be, and hereby is authorized and requested to issue
his warrant 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
lequired, for which sum he is to be accountablco

RESOLVES, February 27, 1811. 147

Roll No. 64. ...February, 1811.

The Committee on accounts having examined the several
accounts they now present,

REPORT, That there are clue to the corporations and
persons hereafter mentioned, the sums set to their names
respectively ; which, when allowed and paid, will be in full
discharge of the said accounts to the several dates therein men-
tioned ; which is respectfully submitted.

NATHAN WILLIS, Per Order,

PAUPER ACCOUNTS.

Town of Abington, for boarding and clothing Thomas

Seymore to 28th January, 1811, S45 50

Adams, for boarding, clothing, and doctoring Free-
man Blakeley, Anna Warren, Susanna Camp, and
Dailey's two children, to the 9th of January, 1811,
and Abiah Whitman to the time she left the tov/n, 160 33

Attleborough, for supplies for Elizabeth Taylor and
daughter to 3d January, 1811, John Combs and
David Simpson's v/ife to the time of their leaving
the Commonwealth. 59 61

Andover, for boarding, clothing, and doctoring
Patrick Kallahan and Joseph Lummers to February
1st, 1811, and William Richardson to the time he
left the town, 143 Q2

Adams Samuel, for doctoring sundry state paupers

in Wiscasset Gaol to February 1, 1811, 55 2

Boston, Board of Health, for supplies of wood, and
repairing the boat, for the use of the Hospital, at
Rainsford's Island, to 18th February, 1811, 138 70

Sowdoin, for clothing, nursing, and doctoring
Eleanor Whitcomb and child to the time she left
the town, 21

Buckstown, for boarding, clothing, and doctoring

George Clarkson, until he left the Commonwealth, 39 57

Baldwin, for boclrding Daniel Hickev to 1st January,

1811, ^ " ' 36 30

Bridgewater, for boarding and clothing sundry pau-
pers to February 21, 1811, including funeral
charges for Michael Ryan, 156 4Q

148 RESOLVES, February 27, 1811.

Bristol, for boarding and doctoring Joa Lewis to

to the time of his death, including funeral charges, JSIO 66

Brimfield, for boarding, clothing, and doetoring John

Christian to 28th January, 1811. 50 85

Brookfield, for boarding, clothing, and doctoring
George Baslington to 1st February, 1811, and
Thomas Boyd and David Smith to the time of
their death, including funeral charges, 96 97

Barnardston, for boarding and clothing Oliver Stevens

to 14th January, 1181, 33 60

Billerica, for boarding, clothing, and doctoring Mi-
chael Taylor to 12th February, 1811, and William
Love and wife to the time of their death, including
funeral charges, 228 50

Becket, for boarding, clothing, and doctoring Sally
Leonard and Hiram Leonard to 5th February, 1811. 74

Bradford Samuel, sherilF of the county of Suffolk, for

supporting poor debtors in gaol, to 6th Feb. 1811, 505 93

Brookline, for sui:vporting Jacob Harvey to 15th

February, 1811, 64 10

Beverly, for boarding, clothing, and doctoring sundry

paupers to 1st February, 1811, 602 77

Blandford, for boarding and clothing Samuel Walker

to 1st February, isil, 37 55

Boston, for boarding and clothing sundry paupers to

1st December, 1810, ' 6348 69

Boston, Board of Health, for boarding, nursing, and
doctoring sundry paupers on Rainsiord's Island to
12th January, 1811, 331 3

Bradford, for boarding and doctoring ^Villiam Kelley,
and for removing him out of the Commonwealth, 35

Cheshire, for boarding and clothing Sally Cooper,

and supplies for Alfred Joice, to 9th January, 1811, 47 45

Carlisle, for boarding and clothing Robert Barber to

20th January, 1811, 50 80

Chelmsford, for boarding, clothing, and doctoring

Catherine M'Clenny to 1st January, 1811, 45 50

Cape Elizabeth, for boarding Abraham Bricks and

James Ramsbottom to 8th January, 1811, 90 75

Clarksburgh, for boarding and clothing Abiah Whit-
man to 28th January, 1811, 16 10

Columbia, for boarding and nursing Robert Martin
to the time of his death, including funeral charges, 71

RESOLVES, February 27, 1811. 149

Charlton, for boarding, clothing, and doctoring

Edward Maddon to 1st January, 1811, S65 40

Colerain, for boarding, clothing, and doctoring Sally
Lanioneer and Polly Gardner's two children to
21st January, 1811, 98 2

Cambridge, for boarding, clothing, and doctoring
James Barker and John Wilkins to 27th January,
1811, Jura Crofts, Joanna Christian, Elizabeth
Romain, AbefKingsbury, Mary Randall, and John
Whiting, till they left said town, and Joseph Davis,
Joseph Scott, Charles Crane, Calvin Shead and
Moses B. Merrick, poor debtors in gaol. 277 23

Charlestown, for boarding, clothing, and nursing-
sundry paupers, to 11th February, 1811, 144 75

Concord, for boarding, clothing and doctoring George
Black to 15th August, 1810, Case, a black man,
to 11th February, 1811, Francis Legross to the time
of his death, including funeral charges, Thomas
Harvey, Joseph Dakin, Joshua L. Cozzens, Asahel
Page, Jack Williams, and Brown Smith, poor debt-
ors in gaol, 140 27

Cushing, for boarding and clothing James Walker to

2d February, 1811, 9 90

Dedham, for boarding, clothing, and doctoring Rob-
ert Clew to 5th March, 1810, and Eleanor Carrol
to the time of her death, including funeral charges, 64

Deerfield, for supplies to George Roberts to 23d Jan-
uary 1811, * 21 16

Dogget Samuel, keeper of the gaol in Dedham, for
boarding and clothing James Hatchel, a lunatic,
and Azor Cogswell to 3d February, 1811, 122 30

Douglas, for boarding, clothing and doctoring Betsey

Trifle to 5th February, 1811. ' 60 80

Danvers, for boarding, clothing, and doctoring sundry

paupers to 5th February, 1811. 524 22

Dunstable, for boarding, clothing, and doctoring Mar-

garetta Lane to 10th February, 1811, 68 3

Dracut, for boarding and clothing Lucy Jaquith, and
supplies and doctoring Richard Baker, to 1 1th Feb-
ruary, 1811, 116 95

Dorchester, for boarding and clothing John Harrison

and Lydia Wy man's child to 3d February, 1811, 85 60

150 RESOLVES, February 27, 181L

Dover, district, for boarding-, clothirij^, and doctoring

Daniel Waters to 13th January, 1811, S118 3(5

Deblois George, keeper of the Ahns House in Bos-
ton, to 1st December, 1810, 413 55

Egremont, for boarding and clothing Mary, Eliza-
beth, Joseph, and Benjamin Dailey, and Benjamin
Randal, to 14th January, 1811, 309 84

Eastport, for boarding and doctoring Robert Hop-
kins and Elisha Nevers to the time they left the
Commonwealth, 88 16

Edgarton, for boarding and clothing Anthony Chad-
wick to 23d January, 1811, 73 75

Edgcomb, for boarding and doctoring Archibald
Campbell to the time he left the Commonwealth, 33

Easton, lor supporting and doctoring Edward John-
son to the time of his death, including funeral
charges, 38 74

Easthampton, for boarding John Hall to Gth Feb. 1811, 36

Fayette, for boarding, clothing, and doctoring Wil-
liam G. Martin to 1st January, 1811, 62 57

Falmouth, in the county of Barnstable, for boarding
and clothing Edward Edwards to 19th Jan. 1811, 26

Framin.gham, for boarding and clothing, Hugh Mac

Pherson to 2d February, 1811, 58 85

Falmouth, in the county of Cumberland, for boarding,
clothing, and doctoring John Goodale and Felix
Sang to 1st January, 1811, 200 8

Gorham, for boarding and clothing Robert Gelfilling

to 1st February, 1811, 78

Groton, for boarding, clothing, and doctoring John C.
Wright and wife, widow Bentrodt, William La-
pier and wife,and Elisha Hoit, to lOlh Janury,1811, 440 54

Greenwich, for boarding, clothing, and doctoring
John Howard, Williiim Rice, Elizabeth Harrington,
John Bailey and wife, Joniithan Bailey and family,
and James Bailey, to 14th January, 1811, includ-
ing funeral ciiarges for John Bailey's wile, and
Lot Lee to the time he left the Commonwealth, 214 62

Granby, for boarding, clothing, and doctoring Ebene-

zer Darwin to 28th January, 1811, 60 94

Gill, for iioarding, clothing, and doctoring Sarah Ham-'
bleton, and Samuel Lvon and wife, to 25th Jan-
uary, 1811, ' 119 26

RESOLVES, February 27, 1811. 151

Great Barring-ton, for Ijoardins^, and clothint^ Isaac
Catherine and Mary Hoosc, John Whitter, Clarisbu
Lindsay and Anna Rathbotie,to 26th January, 1811, S230 82

Greenfield, for boarding, clothing, and doctoring
PLunice Converse and Nabby Lamonier to 22d
January, 1811, " 128 63

Gloucester, for boarding, clothing, and doctoring
sundry paupers to 10th November, 1810, 845

Granville, for boarding and clothing George Taylor

and Archibald Stewart to 1st January, 1811, 109 37

Hinsdale, for boarding, clothing, and doctoring Sam-
uel J. Robinson and lamily to 15th January, 1811, 13 19

Hancock, for boarding and clothing Rebecca Osborne

to 15th January, 1811. ' 39 88

Hudson John, under keeper of the gaol in Salem, for
boarding sundry poor debtors confined in gaol for
debt, to 7th January, 1811, " 372 10

Hodgkins Joseph, keeper of the house of correction
in Ipswich, for boarding and clothing Mary Ade-
laid, black woman, Huldah Hicks, John Squires,
James Cahoon, and Josiah Bennington, to 31st
January, 1811. 264 60

Hadley, for supplies and doctoring Friday and wife
to 31st December, 1811, and Mary Andross to the
the time of her death, including funeral charges, 95 98

Hallowell, for boarding, clothing, and doctoring Ra-
chel Cummings, Lois and Almira Powers, James
Caruth, Judith Davis and three children, to 16th
January, 1811, and Rachel Powers to the time of
her dea'.h, includmg funeral charges, 423 80

Haverhill, for boarding, clothing, and doctoring Wil-
liam Tapley, Henry Spoilet, and Samuel Kmmcr-
son, to 1st January, 1811, 181 15

Ipswich, for boarding, clothing and doctoring J<jhn
Obrian, Thomas Tool, Peter Alston, and Daniel
Galligen, to 1st February, 1811, 187 50

Kitterv, for boarding and clothing Sarah Perkins,

Deborah Perkins and child, to 1st Janury, 1811, 117

Little Moses, for doctoring State prisoners confined

in Salem gaol, to 1st January, 1811, 20

Lenox, for boarding and clothing Abraham Palmer

and Simon Hanchet to 12th January, 1811, 54 18

152 RESOLVES, February 27, 1811.

Lincolnville, for boarding and clothing Timothy Cox

and Alexander White to 10th January, 1811, SI 10 80

Limington, for boarding and clothing John Orian to

1st January, 1811, ' 67 60

Lunenburgh, for boarding and clothing Felix Tool

to25th January, 1811, 56 15

Leyden, for boarding, clothing, and doctoring Jedi-
diah Fuller and wife, Ruth Able, and Elizabeth
Waggoner, to 20th Jaiiuary, 1811, 106 58

Lee, for supplies and doctoring Jonathan Blackman

and wife to 29th January, 1811, 41 68

Lancaster, for boarding and clothing William Shearer,
James Castor, and Abigail Phelps, to 7th January,
1811, 102

Leicester, for boarding and doctoring Lydia Dunham,

including her funeral charges, 39 81

Litchfield, for boarding and clothing Daniel Howard
and wife, and Frederick Howard, to 1st February,
1811, 104 50

Lynn, for boarding, clothing, and doctoring John Bat-
tis, Nancy Carter and child, Josiah Miller and wife,
John Lahoo, Josiah Chase, Sally Wilkins, to 8th
February, 1811, James M'Gawen, and Sally Wil-
kins' child to the time of their death, including fu-
neral charges, 586 67

Lincoln, for boarding and clothing Thomas Pocock

to 8th February, 1811. ' 86 55

Littleton, for boarding and clothing John Putnam to
13th February, 1811, 101

Manchester, for boarding and clothing ThomasDoug-

las to 2d February, 1811, 71 75

Mount Vernon, for boarding and clothing David Bas-

ford to 11th January, 1811, " 96 98

Medway, for doctoring Eliud Patch to the time of his

leaving the Commonwealth, 20 54

Milton, for boarding and clothing sundry paupers to

16th February, 1811 ' 154 80

JMachias, for boarding, clotliiiig, and doctoring John
Gardner to 25th December, 1810, and Owen Clan-
cey to the time he left said town, 257 93

Methuen, for supplies and doctoring Thomas Pall to
1st January, 1811, ' 85

RESOLVES, February 27, 1811. 153

Marblchead, for boarding,clothIn,^ and doctoring, sun-
dry paupers to 6th February, 1811, S739 83

Manning Thomas, for doctoring James Cahoon in the
House of Correction at Ipswich to 3d February,
1811, 16 80

Marshfield, for boarding and clodiing Phillis Mitchell

to 15th May, 1810, 67 60

New Bedford, for boarding and clothing Peter Con-
ner, John Almy and two children, William Mac-
kay, Irene Willis, to 18th January, 1811, 157 24

North Yarmouth, for boarding, clothing, and doctor-
ing William Elwell and William Campbell to 1st
January, 1811, 114 82

New Marlborough, for boarding and doctoring David

Gardner and Jane Peters to 16th January, 1811, 29 4

Northfield, for boarding, clothing, and doctoring

Richard Kingsbury to 25th January, 1811, 78 75

Newbury, for boarding, clothing, and doctoring sun-
dry paupers to 1st January, 1811, 1224 55

Newbury port, for boarding, clothing, and doctoring

sundry paupers to January 1st, 1811, 1413 4

Northampton, for boarding, clothing, and doctoring
William Welsh, Caroline Robbins to 1st February,
1811, Elizabeth Davis, Andrew Severen, Lemuel
Calver and family, and supplies to John Sax to 1st
May 1810, and James Barry to the time of his
death, including funeral charges 349 3

New Gloucester, for boarding and clothing Joseph

Gregory and John May to 11th February, 1811. 96 54

Nantucket, for boarding, clothing, and doctoring
James Plato and Eleanor Jones, including funeral
charges, 102 40

Oxford, for boarding, clothing, and doctoring Catha-
rine Jordan to 1st January, 1811, 67 00

Peru, for supporting and doctoring James Robbins

and family to 16th January, 1811, 107 60

Penobscot, for boarding and clothing Thomas Slack

to22d December, 1810, ' 3166

Portland, for boarding, clothing, and doctoring sun-
dry paupers, to 1st January, 1811, 1414 41

Pittsfield, for boarding, clothing, and doctoring Peter
Huen, Jonathan Spear, William H. Clark, and
Elisha Austen to 22d January, and Polly Thurston

154 RESOLVES, February 27, 1811.

to 3d February, 1811, Charles Bailey to the time of

his death, inchiding funeral charges, S201 90

Palmer, for boarding, clothing, and doctoring William

Mendon and wife to 5th January, 1811, 136 51

Quincy, for boarding, clothing, and doctoring Wm.

Olephand to 6th February, isil, 77 47

Rowley, for boarding and clothing Ella Collins to 1st

January, 1811, 56 80

Rehobeth, for boarding, clothing, and doctoring
Elizabeth Crosbv, and Leaf Mason and child, to
30th January, 1811, 138 16

Russell, for supplies to John Newton and wife until

he left said town, 7 ^2

Rutland, for boarding, clothing, and doctoring Wm.
Henderson, John Cowling, and Boswell Farrar to
20th January, 1811, and the wife of William to the
time of her death, including funeral charges, 262 77

Rowe, for boarding and cloUiing Betsey Carpenter to
30th January, 1811, 18

Roxbury, for boarding, clothing, and doctoring sun-
dry paupers to 3d January, 1811, 336 29

Reading, for boarding, clothing, and doctoring Sam-
uel Bancroft and Thomas Grant to 25th January,
1811, " 217 69

South Hadley, for supplies and doctoring Peter Pen-

dergrass to Gih January, 1811, 71 16

Swansey, for boarding, clotliing and doctoring Thom-
as Colony to 18th January, 1811, and Priscilla
Washunks to the time of her death, including fu-
neral charges, 91 81

Stockbridge, for boarding and clothing Marcy Doud,
Sarah Hosford, Jeremiah Elky, and Celia Pitt, to
5th December, 1811, 175 40

Saco, for boarding and doctoring John Dunham to 22d
January, 1811, and James Bonnit and George Dolby
to the time of their death, including funeral charges, 62 6^

Sheiburne, for boarding, clothing, and doctoring Ben-
jamin Houghton to 29th January, 1811, 56

Shrewsbury, for boarding clothing, and doctoring
Stephen Jones, Sally Taylor and two children, to
25th January, IfUl, 56 18

Sturbridge, for supplies to James Basston to 24th "*

January, 1811, 43 12

RESOLVES, February 27, 1811. 155

.Salem, for boarding clothing and doctoring sundry

paupers to 6ih January, Ibll, S1313 25

Sandisfield, for boarding, clothing, and doctoring
Elizabeth Dando, Richard Dickson, Mary Rogers,
I'heodore Murphet and child, to 14th January, 116 6

Sheffield, for boarding and doctoring Abraham Hom-
ister to the time he left the Commonwealth, Wil-
liam Magee, and Guy, a negro, to the time of their
death, includmg the funeral charges, 166 93

Somerset, for boarding and clothing William Elliot

to 1st January, 1811, ' 48 48

Sandwich, for boarding and clothing Richard Cranch

to 13th January, 1811, 38 80

Sidney, for boarding and clothing Henry Lyons to 2d

January, 1811, ' 26 8

Sharon, for boarding and clothing Stephen Hood to

21st January, 1811, ' 100 57

Sudbur}^, for boarding and clothing John W^righton

to 12th February, 1811, 72 40

Standish. for boarding and clothing Ellis Noble to 6th

January, 1811, ' 68 25

Shirley, for supplies for Roderick M'Kensyand wife

and Samuel Cox, to 29th January, 1811, 130 16

Southwick, for boarding and clothing George Reed

to 1st January, 1811,' 81 16

St. George, for boarding and clothing Robert Hawes,
Eleanor Matthews, and William Benson, to 3d
February, 1811, 85 75

Sterling, for boarding, clothing, and doctoring John
Pike and Joseph Hyde to the time of their death,
including funeral charges, 86 78

Tyringham, for boarding, clothing, and doctoring
'Ralph Way to 1st January, 1811, * 60 33

Taunton, for boarding, clothing, and doctoring Ed-
mund Shores, Emanuel Disnos, Hannah Gofle, and
Robert Wilson, to 27th 1810, house rent

for John Shores to the same time, Henry Ash to
the lime of his death, including funeral charges,
and Seat Fuller, and Charles Pinkney, poor prison-
ers, in gaol, for debt, 304 80

Topsham, for boarding, clothing, and doctoring Wil-
liam Proctor to 28th January, 1811, ^ 62 75

Vassaiborough, for boarding, clothing, and doctoring

156 RESOLVES, February 27, 1811.

James Leister and Abigail Fairbrother to 31st
January, 1811, S 103 32

Ward, for boarding, clothing, and doctoring John
Clark, and removing him out of the Common-
wealth, 7 25

Wrentham, for boarding, clothing, and doctoring
Patrick Smith to 24th January, isil, 6

West Stockbridge, for boarding and clothing Lucy
Lane to January, 1811, and Samuel Vanoselen
until he left the town, 84 31

Westfield, for supplies to John Newton and wife to

26th January, 1811, 18 19

Windsor, for boarding and clothing Henry Smith and

wife to 16th January, 1811, 66

Warwick, for boarding, clothing, and doctoring
Samuel Griffiths to the time of his death, including
funeral charges, 45 12

Williamstown, for boarding, clothing, and doctoring
Robert Morril, Stephen Blew, Charles M'Cardia,
and Rachel Galusha, and supplies for John Hen-
dersass, to 15th January, 1811, 222 10

Winthrop, for boarding, clothing, and doctoring Olive

Howard and William Gaskell to 4th January, 1811, 123 75

West Springfield, for boarding, clothing, and doc-
toring William Bell and James Aldrich to 23d
January, 1811, &2 68

Washington, for boarding and clothing Phebe Clark
to 13th October, 181, 20

Worcester, for boarding, clothing, and doctoring
Peter Willard, Henry Bratz, Sally Melville, James
Campbell, and William Joblin, to 1st January,
1811, and William Chase, Olney Edwards, Hector
Brown, and William Stiles, poor debtors in gaol,
to 6th February, 1811, 236 73

Warren, for supporting William Moorman to 4th
January, 1811, 52

Westford, for boarding, clothing, and doctoring Philip
Jackson and Christopher Shepherd to 21stFebuary,
1811, 105 15

Westhampton, for boarding and clothing Lemuel

Calver and family to 25th January, 1811, 97 63

Woburn, for boarding and clothing John and William

Lynham to 18th February, 1811, 57 70

RESOLVES, February 27, 1811. 157

VVilliamsbiirgh, for boarding Caroline Robbins to
14th February, 1811, g22

York, for boarding, clothing, and doctoring sundry

paupers to 8th February, 1811, ' 764 35

Total paupers, S31,846 10

MILITARY ACCOUNTS.

Courts Martial and Courts of Inquiry.

Blish Joseph, jun. for the expense of a Court Martial,
held at Sandwich, in December, 1810, Col. Abial
Washburn, President, jSllO 54

Barstow Samuel, for the expense of a Court Martial,
held at Worcester, in November and December,
1810, and February, 1811, Joseph Farnsworth,
President, 503 9

Clap Jeremiah, for the expsnse of a Court Martial,
held at Charlestown, in August and September,
1810, Jonas Buttrick, President, 299 41

Donnison William, for expense of a Board of Officers
held at Charlestown, November 20, 1810, General
Georgt Ellis, President, 84 9S

Donnison William, for the expense of a Board of
Officers, at Falmouth, September 24, 1810, General
John Chandler, President, 84 53

Hoyt Epaphras, for the expense of a Court Martial,
held at Northampton, December 1809, Roger
Leavit, President, 205 48

Thayer Samuel M. for the expense of a Court of En-
quiry, held at Randolph, in September and October,

1810, Jedediah Lincoln, President, 32 22

Brigade Majors and Aids-de-Camp.

Barstow Sumner, to 21st January, 1811,
Blish Joseph, jun. to 26th December, 1810.
Curtis Jared, to 14th January, 1811,
Crane John T. to 1st March, 1810,
Clap Jeremiah, to 26th February, 1811,
Dvvight William H. to 29th January, 1811,
Dutch P^benezer, to 1st Januarv, 1811,

115

i56 RESOLVES, February 27, 181 L

El well Robert, to 10th February, 1811, 8149 31

Fisher Jacob, to 1st January, 1811, 55 65

Goddard William, to 4th February, 1811, 103 30

Greenleaf Samuel, to 15th January, 1811, 118 7

Goodwin Ichabod, to 1st January, 1811, 31 50

Hamlin Hannibal, to 1st January, 1811, 55 86

Howard Samuel, to 24th January, 1811, 116 72

Hoyt Epaphras, to 14th January, 1811, 67 17

Howe Estes, to 25th February, 1811, 30 9 )

Hammit William, to 13th February, 1811, 125 87

Hayward Nathan, to 1st January, 1811, 31 50

Rest John to 7th February, 1811, 42 75

Tilden T. B. to 2d February, 1811, 62 50

Talbot Peter, to 31st December, 1810, 105 37

Thayer Minot, to 7th February, 1811, 57 20

Thayer Samuel M. to 7th February, 1811, 155 25

Wood Sampson, to 11th February, 1811, 98 20

Whiting Timothy, to 1st January, 1811, 85 75

Parker Daniel, tJ 25th February, 1811, 10 42

Adjutants.

Arras Pliny, to 1st January, 1811, ' 29 06

Allen Elisha, to 1st January, 1811, 15 80

Allen C. Shubael, to 2d February, 1811, 66 49

Adams Moses, to 1st January, 1811, 34 o7

Bucklin Joseph, to 1st January. 1811, 28 85

Brown Benjamin, to 1st January, 1811, 7 50

Backus Zenas, to 1st January, 1811, 72 73

Bradley Enoch, to 1st January, 1811, 11 59

Buttrick Tillv, to llth February, 1811, 35 72

Burdick William, to 14ih February 1811, 122 88

Barry William, to 14th February 1811, 113 10

Brown Azor, to 8lh January, 1810, 26 21

Brooks Aaron, to 1st October, 1809, 5 72

Cushman James, to 10th December, 1810, 19 63

Colburn Nathaniel jiin. to 1st January, 1811, 5 -50

Clark Joseph, to 1st Januitry, 1811, 56 61

Callender Benjamin, to 1st, January, 1811, 15 51

Dickman Frederick, to 4th February, 1811. 38 49

Draper William, to 2d January, 1811, 24 70

Fisk Ezra, to 1st January, 1811, 55 92

Frost Timothy, to 4th June, 1810, 10 85

RESOLVES, February 27, 1811. 159

Field Seth, to 15th June, 1810,
Getchell Ephraim, to 1st January, 1811, ~
Gates Isaac, to 1st January, 1811,
Hiiggens Benjamin, to 21st January, 1811,
Holmes Bartlett. to 1st January, 1811,
Hodsdon Isaac, to 3d January, 1811,
Hartshorn James, to 1st February, 1811,
Holland Samuel, to 11th February, 1811,
Harrington Joseph, to 1st February, 1811,
Hosmer Rufus, to 1st January, 1811,
Hight William, to 10th January. 1811,
Jewett Jesse, to 12th January, 1811,
Jellison Nathaniel, to 30th May, 1810,
Ingraham Frederick W. to 14th February, 1811,
Jaques Samuel, to 16th February, 1811,
Kingman Simeon, to 12th January, 1811,
Kellogg Giles C. to 1st January, 1811,
Libby Nathaniel, to 18th January, 1811,
Lewis Lyman, to 18th January, 1811,
Lewis Philo, to 14th December, 1810,
Larrabee William, to 28th January, 1811,
Marston Jonathan, to 1st January, 1811,
Munioe William, to 1st January, 1811,
Maxwell Sylvester, to 3d October, 1810,
Munroe Atherton, to 18th January, 1811.
Neil John G. to 1st January, 1811,
Needham Havey, to 28th January, 1811,
Nye John, to 23d January, 1811,
Norham Eli, to 1st January, 1811,
Orr Hector, to 21st January, 1811,
Ordway Nathan, to 8th January, 1811,
Payson Ebenezer, to 1st January, 1811,
Piummer Benjamin, jun. to 12th September, 1810,
Parker Joseph, to 1st January, 1811,
Pilsbury William, to 24th August, 1809,
Parker Henry, to 7th February, 1811,
Pilsbury Stephen, to 12th October, 1809,
Pope Ebenezer, to 10th January, 1811,
Page Jesse, to 1st January, 1811,
Ripley James, to 1st January, 1811,
Starr James, jun. to 18th January, 181 Ij
Stearns Thomas, to 31st May, 1810,
Sawyer William, to 1st January, 181L
22

104

160 RESOLVES, February 27, 1811.

Sayls Richard, to 7th February, 1811,
Taft Hazleton, to 31st January, 1811,
Tucker Joseph, to 31st January, 1811,
Warren Preston, to 1st January, 1811,
Weston Jonathan D. to 1st November, 1810,
Ward William, to 20th June, 1810,
Williams John, to 1st January, 1811,
Williams Jonathan, to 1st January, 1811,
Wade Samuel, to 11th February, 1811,
White Jonathan, to 26th December, 1810,
Weston Samuel, to 1st January, 1811,
Wilder Merrick, to IQth February, 1810,
Williams John S. to 18th February, 1811,
Cornel Philip, to 6th February, 1811,
Wild Jonathan, to 16th January, 1811,

Brigade Quarter Masters.

Campbell Archibald, to 1st January, 1811,
Everett Gilbert, to 1st January, 1811,
Garrett Andrew, to 1st January, 1811,
Norton Winthrop B. to 1st January, 1811,
Rossetter Samuel, to 1st January, 1811,
Walker Timothy, to 1st February, 1811,
Whitney Lambert, to 1st January, 1811,

Expense for Horses^ to haul Artillery^

Buttrick Horatio G. to 30th January, 1811,

Crittendon Simeon, to 1st January, 1811,

Clemmence Calvin, to 1st January, 1811,

Harris Elisha, to 28th December, 1810,

Harris William, to 9th February, 1811,

Lincoln Thomas, to 1st January 1811,

Lewis James, to 4th February, 1811,

M'Clallen Robert, to 3d October, 1810,

Mather John, to 20th January, 1811,

Makepeace William, to 23d January, 1811,

Miller Jacob, to 1st December, 1810,

Nye Samuel, to 16th December, 1810,

Needham Aaron, to 20th February, 1811,

Peabody Jacob, to 1st January, 1811,

Penniman Samuel, to 1st January, 181L -> 50

27 28

9 25

122

:^5

2^5

RESOLVES, February 27, 181L 161

Patterson David, to 1st January, 1811,
Parker Nathan, to 29th October, 1810,
Rust Asael, to 19th January, 1811,
Roulstone Andrew, to 1st January, 1811,
Selden Calvin, to January, 1811,
Smith George S. to 1st January, 1811,
Sawyer George, to 27th December, 18 10,
Smith Albert, to 11th October, 1809,
Spauldin Thomas, to 1st January, 1811,
Stone Martin, to 1st January, 1811,
Saunderson Henry, to 1st February, 1811,
Thayer Zebediah, to 11th September, 1810,
Wheeler Samuel, to 8th January, 1811,
Warren Moses, to 1st January, 1811,
Wales Stephen, to 19th February, 1811,
Webster Elijah C. to 1st January, 1811,
Noyes David, to 30th January, 1811,

Total Military, JS6196 19

SHERIFFS' AND CORONERS' ACCOUNTS.

Arms George, for taking inquisition on the body of

David Blodget, 24th January, 1811, S17 20

Bartlett Bailey, for returning votes for Governor, &c.
Senators, and Representatives to Congress, to 29th
January, 1811, 14 40

Blake Edward, for expense of an inquisition on the

body of Aaron Hamlet, 20th May, 1810, 23 32

Buckmore Thomas, for expense of an inquisition on
the body of a stranger, at Northport, on 17th
June, 1810, 22 20

Chandler John, for returning votes for Governor,
Lieutenant Governor, and Representatives to Con-
gress, to 1st February, 1811, 50 40

Crane Elijah, for returning votes for Representative

to Congress, to 1st January, 1811, 3 40

Cooper John, for returning votes for Representative
to Congress, to 1st January, 1811, 70

Goodwin Ichabod, for returning votes for Governor,
Lieutenant Governor, and Representative to Con-
gress, to 19th January, 1811, 25 30

Freeman James, for returning votes for Governor,

162 RESOLVES, February 27, 1811.

Lieutenant Governor, and Representatives to Con-
gress, to 1st January, 1811 S38 40

HaMilin Hannibal, for returning votes for Representa-
tive to Congress, to 1st January, 1811, 34

Hunnewell Richard, for returning votes for Govern-
or, Lieutenant Governor, and Represenratives to
Congress, to Ist January, 1811, 35

Lang Wiiliam, for expense of an inquisition on the

body of James FoUingsby, 4th October, 1810, 14 5B

Lawrence Jeremiah, for returning votes for Represen-
tative to Congress, to January 1811, 27

Leonard Horatio, for returning votes for Governor,
Lieutenant Governor, and Representative to Con-
gress, and for expense of apprehending John But-
ler and William Gormon, prisoners who escaped
from the gaol in Taunton, to 1st February, 1811, 82 85

Keyes Jonalhim, for taking inquisitions on the body
of a person by the name of Ranal, on 15th June,
1810. 16 41

Learned Simon, for returning votes for Representa-
tive to Congress, in November, 1810, 28

Matoon Ebcnezer, for returning votes for Governor,
Lieutenant Governor, and Representative to Con-
gress, to 1st January, 1810, 25 20

Savvtell Richard, for returning votes for Governor,
Lieutenant Governor, and Representative to Con-
gress, to llih January, 1811, 61 61

Ulnier George, for returning votes for Governor,
Lieutenant Governor, and Representative to Con-
gress, to January, 1811. 66 64

Total Sheriffs' and Coroners', S665 88

PRINTERS' ACCOUjYTS,

Allen William B. for publishing acts and resolves to

1st July, 1810, S16 67

Adams & Rhoades, for printmg for the Secretary's

office to January, ISll, " 20 75

Allen Phineas, for publishing acts and resolves to 13th

February, 1811, 16 67

Alien William E. for publishing acts £iud resolves to

1st August, 1810, 16 67

RESOLVES, February 27, 1811. 163

Butler William, for publishing acts and resolves to

1st January, 1811, 833 33

Cheever Nathaniel, for publishing the report of the
Committee respecting Penobscot Bank, 10

Dickman Thomas, for publishing acts and resolves to

25th January, 1811, 16 67

French Ebenezer, for publishing documents respect-
ing the late Treasurer Skinner's accounts, 12 5Q

Hall Samuel, for publishing the report of the Com-
mittee respecting Penobscot Bank, 10

Park John, for publishing an act respecting the Kine
Pox, agreeably to an order of the Legislature, 42

Shirley Arther, for publishing acts and resolves to

1st January, 1811, 16 67

Young & Minns, for printing the Governor's speech

in June, 1810, 42

Munroe Isaac, for printing for the Secretary and
Treasurer's office, and the General Court and Ad-
jutant General's office, to 28th February, 1811, 1790 12

Total Printers, S2044 05

MISCELLANEOUS ACCOUNTS.

Blake & West, for stationary supplied the Treasurer's

office to 30th January, 1811, SlOO 1

Boyle John, for stationary for the Adjutant General's

office to 15th January, 1811, 127 80

Bridge Matthus, John Wells, Benjamin Weld, Joseph

Winn, and David Devans, Committee for settling

with the Treasurer of the Commonwealth, June,

1810, ^ 70

Burdilt James W. for stationary furnished the General

Court and Secretary's office to 16th February, 1811, 464 19
Blaney Henry, for labour done on the State House to

22d January, 1811, 51 50

Bradley David, for supplies for the State House to

18th February 1811, 112 24

Boston Glass Manufactory, for Glass for the State

House to 1st February, 1811, 89 72

Breed Ebenezer, for a Stove for the State House, 9th

January, 1811, 40 50

164 RESOLVES, February 27, 1811.

Dilrant William, for Glass for the State House to 2d

February, 1811, S37 78

Grant Moses, for supplies for the State House to 20th

January, 1811, 445 7

Chase Warren, for assisting the messenger to the

General Court to 27th February, 1811, 60

Gore Samuel, for sundry articles for the State House

to 28th January, 1811, 153 48

Harris Thomas, for clerk hire and oil for the use of

the Treasurer's office to 31st January, 1811, 183 68

Howe John, for sundry articles for repairing the State

House to 29th January, 1811, 294 50

Howe Joseph, for labour and sqpplies for the State

House to 18th February, 1811, 81 85

Homer William, for sundry articles for the Represen-
tatives' chamber to 15th January, 1811, 27 75
Larkin Ebenezer, for stationary for the Secretary and
Treasurer's office, and for the Supreme Judicial
Court, to 15th February, 1811, 249 69
Lincoln Amos, for labour done on the State House

to 12th February, 1811, 55 83

Loring Josiah, for supplies for the clerk of the

Supreme Judicial Court to 16th Fabruary, 1811, 5

Root Samuel, for supplies and labour on the State

House to 21st December, 1810, 54 13

Stcdman Ebenezer, for supplying stationary to the

Adjutant General's office to 28th January, 1811, 130
Spear Thomas, for keeping the Hospital on Rains-
ford Island to 14th February, 1811, 44 44
Lapham Sylvanus, for assisting the Messenger to the

General Court to 27th February, 1811, 68

Perry John, for assisting the Messenger to the Gene-
ral Court to 27th February, 1811, 66
Sumner Thomas, in full for the service of the com-
mittee who superintended the repairs of the State
House to 19th February, 1811, 48 92
Thompson James, for sundry articles, and labour for

the State House to 29th January, 1811, 462 23

Vvest David's heirs, for stationary for the Treasurer's

office to 30th January, 1811, 10 33

Wells John and Benjamin, for sundry articles, for the
Council chamber to 16th February, 1811, 5

RESOLVES, February 27, 1811. 165

Wheeler Josiah, for supplies and labour on the State
House to 18th February, 18 11, JS907 70

Vose and Coates, for sundry supplies for the State

House to 12th September, 1810, 63 70

Beals Samuel, for sundry articles for the Representa-
tives' chamber to 11th February, 1811, 11 10

Total Miscellaneous S4522 23

Aggregate of Roll JVo, 64 — February, 1811.

Expense of State Paupers, S3 1,846 10

Do. Militia, 6196 19

Do. Sheriffs and Coroners, 665 88

Do. Printers, 2044 5

Do. Miscellaneous, 4522 23

S45,274 45

Resolved, That there be allowed and paid out of the pulick
treasury to the several corporations and persons mentioned in
this Roll, the sums set agamst such corporations and persons'
names respectively, amounting in the whole to the sum of
forty-five thousand two hundred and seventy-four dollars and
forty-five cents, the same being in full discharge of the accounts
and demands to which they refer.

In Senate, February 26, 1811,
Read and accepted, and sent down for concurrence,

H. G. OTIS, President.

In the House of Representatives February, 27, 1811,
Read and concurred,

JOSEPH STORY, Speaker,

Council Chamber, February 27, 1811.

Approved. E. GERRY.

INDEX

TO RESOLVES OF JANUARY SESSION, 1811.

Attorney and Solicitor Generals,griinted S800 each, 92

to prosecute a suit

against J. Thomas and others, - - - 139

Academy, Farmington, 10,020 acres granted, - - 93
Agents lor sale of eastern lands, to cause ten tov/nships to

be surveyed, . . _ . 101

to cause a survey of Baldwin, - - 111

for sale of land in Berkshire, report accepted, 128

to cause ten townships to be surveyed, - 133

Adjutant General, grant for services, - - 109

Ashley Simeon, pay as an old soldier allowed, - 112

Bartlett Josiah, resolve on petition, - - 89
Bell and Crawford, State's right to a farm in Rutland

relinquished, - - - - - 94

Brown Moses, allowed further time to settle a township, 102

Burt and Macomber, SlOO each to be repaid, - 109

Boyd J. P. resolve on petition, - - . 116

Barker and Tufts, grant for two lots, - - 119
Brunswick, authorized to execute a deed to trustees of

Bowdoin College, - - . _ 1-20

Balch Joseph, allowance to for services, - - 139

Billings Bradish, and others, allowance to, - 144

Council and Legislature, pay established, - 85

College, Harvard, appropriation of lottery fund altered, 108
Trustees of Williams', granted further time to

locate land, - . . . 90
Commissioners to explore a road from Kennebeck to

Chaudiere, resolve for paying, - - - 92

Charlemont, Heath, and Rowe, aided in building a bridge, 99
Carr James, and others, commissioners to be appointed to

lay out a road from Penobscot to the north boandury, 100

INDEX.

Carlisle, tax abated, - ,- - - 110

Carver, selectmen appointed guardians to Seepit, - 115.

Cheney Simon, Treasurer directed, - - 122

Chase Warren, grant to, - - - - 123

Chapman John, resolve on petition, - - 124

Counties, taxes granted, . _ . . 125

Chaplains and Clerks of General Court, resolve for paying, 130
Committee on accounts, resolve for paying, - 131

Coffin Nathaniel, grant to, - - - - 132

Campbell and Gibson, agents to sell land to, - 135

Child Timothy, and others, sureties for the late Treasurer

Skinner, execution against stayed, - - 138

Crombie Calvin, doings confirmed, - - 140

Courts, Common Pleas, to appoint commissioners to settle

^Treasurers' accounts, - - - - 140

Comtnittee on tax bill, allowed compensation, - 143

on accounts, Roll No. 64, allowed, - 147

Davis and Murphy, grant to, ~ - - 105

Davis Rufus, Treasurer directed, - - - 121

Dillingham Pitt, grant to, - - - 134

Dwigiit Josiah, S50 allowed, - - - 143

Election, S50 granted for the gentleman who shall preach, 93
;^a3tport, S506 to aid in building gaol, - - 94

Farrar and Perry, remitted S200 each, - - 89

Freeman Samuel, executions and writs in Cumberland

made valid, - - - - ". ^^

Freeman James, sheriff', committee on accounts to receive

his account, - - - - H?

Governor, his Speech, - - - - 63

Answer of the Senate, - - 69

do, of the House, - - - 73

his Messages, - - - - 79 to 84

to appoint some person relative to purchasing

islands for Indians, - - - 120

HartfordjWafrants and proceedings confirmed, - HI

Hansoii Moses, gran^ to, - - - - 113

INDEX.

Heard William, and others, resolve on petition, - 129

Hill Daniel, agents directed, - - - 136

Indians, Penobscot, Governor to appoint commissioners, 142

, K

Kuhn Jacob, S300 granted for fuel, - - 85

100 ' do. ... 141

Kittery, discharged of S415 33, - - 106

Lowell John, resolve on petition, - - - 86

Livingston John, discharged, _ - _ 86
Leverett John, of Vermont, authorized to sell land in

Boston, ... - - 103

Laws, provision for exchange with the several States, 105

Loudon and Bethleham, tax of 1810 to be charged to Otis, 110

Lapham Silvanus, grant to, - - - 118

Leavit Thomas, resolve on petition, - - - 122

Murray Alexander, resolve on petition, - - 108
Mitchell Edward, jun. appointed guardian to Bridgewater

Indians, - - - - - - -127

Maltby Isaac, resolve on petition, - - - - 128

M'Lane Edward, grant to, 129

Parsons Benjamin, resolve oh petition, - - 91
Plymouth County, extra session of Common Pleas to be

held, . . - . . . 95

Prime Joseph, resolve on petition, - - - 96

Pomroy Lemuel, a deposition made valid, - - 115

Plymouth, further time allowed to locate land, - 123

Perry John, grant to, _ - . . 126

Parker Winslow, to be defended, - - - 131

Prisoners, to be removed from Eastport to Augusta, 136

Petts Lemuel, to be defended, - - - 145

Quarter Master General to sell broken ordnance 104
to procure regimental colours, &c. and granting

S6000, - - - - - 114

Account allowed, and appropriation made, 133

INDEX.

Rochester, Middicboro' and Freetown Congregational

Precinct, votes confirmed, - - - 90

Rowe John, and others, resolve on petition, - ,- 137

Society, Methodist, in Lynn, proceedings confirmed, 95

Secretary to deliver to D. A. Tyng, Esq. Laws and Re-
solves, - . - - .

to purchase and distribute Term Reports, 100

to furnish towns with blanks fot elections

grant, to pay assistant clerks,

to deliver the Governor books, 8cc.

to deliver plans and paper to the agents,
Smith Josiah, pay as an old soldier granted,
Simonds Jonathan, jun. grant to, . - -

Sandford discharged from a fine, . _ .

Stetson Amasa, and others, granted further time to settle

townships, -----
State Prison, committee on affairs, . - .

committee to purchase patent rights,

appropriation for, - . . - .

Sigourney and Hays, resolve on petition,
Swan Samuel, resolve on petition, . - _ -

Thacher Peter, resolve on petition, - _ .

Taunton and Raynham, granted a half township,
Turnpike Essex, doings of the clerk confirmed,
Thayer Preston, allowed to enter an appeal,
Treasurer, to receive of the Treasurer of Oxford, Sill

Berkshire bills, . - .

Tinkham John, appointed trustee,

Tirrill Joseph, treasurer directed, - - . -
Tudor William, account settled, - . . .

Trask Elizabeth, S109 18, allowed,

Wheeler Josiah, account allowed, - - 97

Wait Jeremiah, doings as Deputy Sheriff made valid, 106
Worcester, allowing further time to towns to recover

money, _ . _ . » 132

Woods Sampson, to be defended, - - 144

Wallcut Thomas, grant to,. - - - - 144

CIVIL LIST

OF IHK

COMMONWEALTH OF xMASSACHUSl^TTS,

For the political year 1811 — 1812.

HIS FXCKF 1 ENCY

ELBRIDGE GERRY, Esq. Governor.

HIS HONOUR,

WILLIAM GRAY, Esq. Lieut. Governor.

Hon. Levi Lincoln,
Samuel Fowler,
Aaron Hill,
Marshall Spring,
Daniel Kilham,

COUNCIL.

Hon. Martin Kinsley,

Thomas B. Adams,
Moses Carlton, jun.
Asa Clap.

SENATE.
Hon. Samuel Dana, Esq. President,

Siiffolk— -Hon. Harrison G. Otis, John Phillips, Peter C. Brooks,
John Welles, and Daniel Sargent.

Essex — Hon. John Heard, Daniel A. White, Israel Bartlett, Tho^
mas Stephens, Nehemiah Cleaveland, and Benjamin Peirce.

Middlesex — Hon, Samuel Dana, Amos Bond, John L. Tuttle, and
Matthew Bridge.

Hampshire — Hon. Ezra Starkweather, Abner Brown, Jonathan
Leavett, and Joshua Greene.

Bristol — Hon. Thomas Hazard, jun. and Joseph Tisdale.

Plymouth — Hon. Nathan Willis, and Seth Sprague.

Barnstable — Hon. Thomas Phinney,

Dukes County and Nantucket — Hon. Walter Folger, jun.

TForcester — Hon. Jonas Kendall, Seth Hastings, Francis Blake,
and Silas Holman.

Berkshire — Hon. William P. Walker, and William TowncT,

Norfolk — Hon. John Howe, and Samuel Day.

York — Hon. John Woodman, and x\lexander Rice.

Cumberland — Hon. Levi Hubbard, and James Means.
Lincoln, Hancock and 7 Hon. William King, and
IFashmgton., ^ Francis Carr.

Kennebeck — Hon. James Parker.

Marcus Morton, Clerk.
Robert C. Vose, AssistaJit Clerk.
Rev. Dr. Thomas Baldwin, Chaplain.
23

168

HOUSE OF REPRESENTATIVES.
Hon. Joseph Story, Speaker.

COUNTY OF SUFFOLK.
Bost07if vVilliam Smith,
Samuel Cobb,
William Brown,
Jonathan Hunneweli,
William Sullivan,
William Phillips,
Francis Wright,
Benjamin Russell,
Thomas W. Sumner,
Benjamin Whitman,
Charles Davis,
James Robbinson,
William Hammatt,
John Parker,
Ebenezer T. Andrews,
Isaac P. Davis,
William H. Sumner,
Ephraim Thayer,
Josiah Knapp,
Benjamin Weld,
Oliver Keating,
"Nathan Webb,
Daniel Messenger,
George G. Lee,
John Chandler,
William Porter,
John May,
Sr-muel M. Thayer,
George Blanchard,
Nathaiiiel Curtis,
Artemas Ward,
Wnliam Prescott,
R'chard Faxon, ^
Samuel Dunn,
John D. Howard,
Thacher Goddard,
Lynde Walter,
Jonathan Loring,
John G. Coffin,

Jonathan Whitney,
Samuel J. Prescott,
Lemuel Shaw,
Alexander Townsend,
James Savage,
Chelsea^ John Tewksbury,

ESSEX.

Salem, Joshua Ward,
Joseph Story,
Joseph White, jun.
Joseph Winn,
B. W. Crowninshield,
Moses Townsend,
Nathaniel Frothingliam,
John Hathorne, jun.
Joseph E. Sprague,
David Putnam,
John Dodge, jun.
Joseph Ropes,

Marhlehead, Nathan B. Martin,,
John Bailey,
Asa Hooper,
Joshua Prentiss, jun.
William Story,
John Pedrick, 3d.
John G. Hooper,

hynn ^ 1 Aaron Bjced,

Lyniijield., 5 Oliver Fuller,
Ezra Mudge,
Thompson Burrill,
Benjamin Goldthwait,
Aaron Newhall,jun.

Danvers^ Samuel Page,
Nathan Felton,
Dennison Wallis,
Daniel Putnam,

Beverly, Thomas Davis,
Abner Chapman,
Isaac Ray,

HOUSE OF REPRESENTATIVES.

J6^

Beverly^ Robert Rantoul,

Nathaniel Goodwin,
IFcJihajn, John Dod^e,
Hauulton^ Robert Dodg'e,
Manchester^ Ebenezer Tappan,
Gloucester^ Thomas Parsons,
John Manning,
John Tucker,
James Tappan,
John Johnson,
Robert Elwell, 3d.
Ipswich, Nathaniel Wade,

Jonathan Cogswell, jun.
Joseph Farley,
Joseph Hodgkins,
Roivley, Thomas Gage,

Joshua Jewett,
Newbury, Josiah Little,
Silas Little,
John Osgood,
David Litde,
Stephen Hooper,
Daniel Hale,
Newburyport, Mark Fitz,

Andrew Frothingham,
Jonathan Gage,
Stephen Howard,
Ebenezer Gunnison,
Samuel H. Foster,
William B. Bannister,
Isaac Adams,
Isaac Stone,
Bradford, Jonathan Allen,

Thomas Savory,
Boxford, Parker Spaftbrd,
ylndover, Thomas Kittredge,
John Cornish,
Joshua Chandler,
Middletofj, Asa How,
Topsjie/d, Nathaniel Hammond,
J\fethue?i, Benjamin Osgood,
Haverhill, Ebenezer Gage,
Amesburyy Christopher Sargent,

Salisbury, Amos Morrill.

MIDDLESEX.
Charlestown, Peter Tufts, jun.

John Kettell,

Joseph Miller,

William Austin,

Daniel Tufts,
Cambridge, John Mel'.en,

Samuel P. P. Fay,

William HiUiard,
JFest Cambridge, Samuel Butter -

field,
Brighton, Samuel W. Pomroy,
Maiden, ^ Jonathan Oakes,

Jonas Green,
Medford, Timothy Bigelovv,

Nathaniel Hall,
Newtown, Timothy Jackson,

Samuel Murdock,
IVatertowu, Jonas White,

Thomas Clark,
IValtham, David Townsend,
JFeston, Ebenezer Hobbs,
Lincoln, Joshua Brooks,
Lexington, Nathan Chandler,
Sudbury, William Hunt,
East Sudbury, Jacob Reeves,
Natick, Abel Perry,
Sherburne, Calvin Sanger,
Holliston, Jason Chamberlain,
Hopkinton, Moses Chamberlaifij
Framingham, John Fisk,

John Trowbridge,
Marlborough, John Loring,

Daniel Brigham,
Stow and 7 » . rr.

Boxboro^ \ Augustus Tower,

Concord, Joseph Chandler,

Stephen Barrett,
Bedford, William Webber,
Burlington,
Woburn^ tuke Reed,

170

HOUSE OF REPRESENTATIVES.

IFilmington.

Stojieham, Jabez Lynde,
Readings Timothy Wakefield,

Daniel Flint,

Adam Jlawks,

Samuel Eames,
Billerica^ Josiah Crosby, jun.
Tewkslmry^ Jesse Trull,
Chelmsford^ Jonathan Perham,
Carlisle, Paul Litchfield,
JVestJord, Thomas Fletcher,
Acton, Jonas Brooks,
Littleton, Edmund Foster,
Gi'ototi, Joseph Moors,

Thomas Gardner,
Dracut^ Daniel Varnum,
Dunstable, Micah Eldredge,
Tyngsborough^
Shirley, John Ej^erton,
Pepperell, Nehemiah Jevvett,jun.
Toivnsend, Samuel Brooks,
Ashby, Amos Wiilington.

Mlddlejield, David Mack,

Worthington, Jonathan Brewster,

JVilliamsburgh, John Wells, .

Hatfield, Samuel Partridge,

JFkately,

Deerfield, Asa Stebbins,

Elihu Hoyt,
Conway, John Williams.

David Childs,
Goshen, Oliver Taylor,
Ashfield, Henry Bassett,

Thomas White,
Cumingfon, Peter Bryant,
Plainfield, James Richards,
Haxvley, Zenas Bangs,
Buck land, Enos Pomeroy,
Sbelburne, John Fellows,
Greenfield, Eliel Gilbert,
Gill, Gilbert Stacey,

Bernardston, John Hamilton,
Leyden, Hezekiah Newcomb,
Colraine, David Smith,

Joiiathan iM^Gee,
Ckarlemont, Syh'ester Maxwell,
Heath, Ephraim Hastings,
Bowc, John Wells,

HAMPSHIRE.

.Northampton, Jonathan Strong,

Elijah H. Mills,

Benjamin Tappan,
East Hampton, lliaddeus Clap, Springfiield, Moses Chapin,
South Hampton, Luther Edwards, Jacob Bliss,

JVest Hampton, Timo. Edwards, Oliver B. Morris,

Westfield, Jedidiah Taylor, Edmund Dwight,

Benjamin Hastings, hongmeadoxv, Ethan El\%

IVest Springfield, Jonathan Smith, Wilbrahani, Walter Stebbins,

Charles Ball,
Timothy Horton,
Elias Leonard,
Soiithxvick, Reuben Clark,

Shubael Stiles,
Granville, Israel Parsons,

John Phelps,
Tolland, Abraham Granger,
Blcindfordy Samuel Knox,
Russell,

J^Ian*gomerif, Aaron Parks,
Js'oi^'ivieh, Aaron Hall,
Chester. Sylvej?ter Emmons.

Abel Bliss, jun.
Monson, Ede Whittaker,

Stephen Warriner,
Brinificld, Stephen Pynchon,

Philemon Warren,
Holland and ") -q ^\\r i^„

South Briwfiehl S ^°3'"' Wale^'
Ludlow, Sherwood Bebee,
Palmer, Jesse King,
Ware, William Bovvdoin,
Greenwich, Thomas Powers,
Belcher ton, Eliakim Phelps^

Eldad Parsonsj

HOUSE OF represf:ntatives.

171

Belcherton, Wrij^ht Brigman,
Pelham, James x^bercronibie,
Granhy^ Eli Dickinson,
Amherst^ Meclad Dickinson,

Elisha Sn)ith,
Hadleif, Samuel Porter,
South Hadleij^ Rut^gles Wood

bridge,
Sunderland., Nadianiel Sniidi,
Leverett, Roswell Field,
Moil fugue, Medad Montague,
Wendell, Clark Stone,
Shutesbury,

New Salem, Varney Pearce,
Northfield, John Nevers,
Warwick, Justus Russell,
Orange, Josiah Cobb.

PLYMOUTH.
Plymouth, Abner Bartlett,

Barnabas Hedge, jun.

Nathaniel Spooner,

Joseph Bartlett, 3d.
Kingston, John 'Jliomas,
Duxbury, Judah Alden,
Marshjield, Nathaniel Clift,
Pembroke, B ;iley Hall,
Bridgwater, Daniel Mitchell,
Middleborough, Thomas Weston,

Peter Hoar,

Martin Keith,

Hercules Cushman,

Calvin Pratt,
Rochester, Gideon Bastovv, jun.

Thomas Bassett,

Elijah Willis,

Lemuel Winslow,
Wareham,

Carver, Benjamin Ellis,
Plimpton, Elijah Bisbe,
Halifax, Zebediah Thompson,
Abington, Samuel Niles,

Nathan Gurney, jun.
Hanover., Caivin C haddock,

Scituate, Jesse Dunbar,

Edward F. Jacobs,

Hingham, Hawkes Fearing,
Jonathan Cushing,
Thomas Fearing,

Hull, Samuel Loring.

BRISTOL.
Taunton, Samuel Crocker,

Josiah King,

Nathaniel Leonard,

James Sproat,
Dighton, John Hathaway,

George Walker,
Rehoboth, Elkanah French,

Timothy Walker,

John Medbury,

Sebrav Lawton,

Caleb Abell,
Szvansey, Daniel Hale,

Benanuel Marvel,
Somerset, David Anthony,
Attleborough, Joel Read,'

John Richardson, jun.

Benjamin Bolkcom, •
Mansfield, Daniel Gilbert,
Norton, John Hall,
Easton, John Tisdale,

Calvin Brett,
Raynham, Josiah Deane,
Berkley, Apoilos Tobey,
Freetown, William Rounsevelle,

Stephen B. Pickens,
Nexv Bedford, Seth Spooner,

Samuel Perry,

W^illiam Willis,

Gamaliel Bryant,

Jireh Swift, jun.

Jonathan Pope,
Dartmouth, Joel Packard,

Ephraim Tripp,

Henry Tucker,
West Port, Abner Brownell,

Sylvester Brownell,

172

HOUSE OF REPRESENTATIVES.

West Port, Abner Gifford,
Troy, Robert Miller.

BARNSTABLE.

Barnstable, Jabez Rowland,
Job C. Davis,
Nehemiah Lovell,
Naler Crocker,

Sandwich, John Freeman,
Benjamin Perceval,
Elisha Pope,

Falmouth, Thomas Fish,
Braddock Dimick,
James Hinkley,

Yarmouth, John Eldredge,
James Crowell,

Dennis, Judah Paddock,
Zenas Howes,

Harwich, John Dillingham,

Breivster, Isaac Clark,

Chatham, Richard Sears,

Orleans, Simeon Kingman,

Eastham, John Doane,

JVellfleet, Beriah Higgins,

Truro,

Provincetown, Samuel Cook.

DUKES COUNTY.
^dgarton, Samuel Whelden,
Tisbury, John Hancock,
Chilmark, Simon Mayhew.

NANTUCKET.
Nantucket, Micajah Coffin,
Shubael Coffin,
Archelaus Hammond,
Micajah Gardner,
Jedidiah Fitch,
George Cannon,
Obadiah Folger,
Coffin Whippey,
Andrew Pinkham.

WORCESTER.
Worcester, Edward Bangs,

Abraham Lincoln,

William Eaton,
Leicester, Nathaniel P. Denny,
Spencer, Jonas Muzzy,
Brookjield^ Thomas Hale,

Jabez Upham,

Oliver Crosby,

Elijah Clap,
Western, Daniel Hodges,
Sturbridge, Gershom Plimpton,

Zenas L. Leonard,
Charlton, John Spurr,

Thaddeus Marble,

Ephraim Willard,
Dudley, Aaron Tufts,
Douglas,

Uxbridge, Benjamin Adams,
A''orthb?'idge,
Mendon, Daniel Thurber,

Elijah Thayer,
Milford, Samuel Jones,
Upton, Ezra Wood, jun.
Grafton, Joshua Harrington^
Sutton, Jonas Sibley,

Josiah Stiles,

Estes Howe,
Oxford, Abijah Davis,
Ward, Jonah Goulding,
Shrewsbury, Vashni Hemmen-

wav,
Westborough, Nathan Fisher,
Southborough, Willard Newton,
j\orthborough, James Keyes,
Boylston, Jonathan Bond,
West Boylston, Ezra Beaman,
Lancaster, Jonas Lane,

Jacob Fisher,
Harvard, Jonathan Beard,

Reuben Whitcomb,
Bolton and t Stephen P. Gardner,
Berlin, } NathL Longley , jun.

HOUSE OF REPRESENTATIVES.

173

Sterlings Samuel Sawyer,

James Wilder,
Princeton, William Dodds,
Holden, William Drury,
Rutland, Jonas Howe, jun.
Paxton, Ebenezer Estabrook,
Oakham, Joel Jones,
New Braintree, Joseph Bowman,

jim.
Hardwick, Timothy Paige,

Jeduthan Spooner,
Barre, David Wadsworth,
Huhbardston,
Petersham, Hutchins Hapgood,

Joseph Brown,
Leominster, David W^ilder,

Benjamin Perkins,
Liinenhurgh, Edmund Gushing,
Fitchhurgh, Abraham Willard,

Paul Wetherbee,
Westminster, Jonas Whitney,

Abel Wood,
Gardner, Aaron Wood,
Ashburnham,

Winchendon, Israel Whiton,
Boijalston, Joseph Estabrook,
Templeton, John W. Stiles,
Aihol, James Humphreys,
Gerry, Elijah Gould,
Dana, Nathaniel Williams.

BERKSHIKE.
Sheffield and Mount > r-i' i- •
Washington, | Eli Ensign,

New Marlboro'' Benja. W^heeier,

Edward Stevens,
Sandisfeld y ") John Picket,
Southjield, J Eiiakim H u 11,
Otis,
Tyringham, Adonijah Bidwell,

Francis Herrick,
Great Barrington, Lucius King,
Egremontj James Baldwin,
Aljord,

Stockbridge, Samuel Olmstead,
West Stockbridge^ Deodatus C.

Whitwood,
Becket, George Conant,
Washington,
Lee, Jared Bradley,

Joseph Whiton,
Lenox, Daniel Williams,
Richmond, Ebenezer Hotchkin,
Hancock, Rodman Hazard,
Pittsjield, Timothy Childs,

James Brown,

Oren Goodrich,

Horace Allen,
Dalton, Nathaniel Kellogg,
Hinsdale, John Peirce,
Peru, Amasa Rockwell,
Windsor, Nathaniel Luther,
Lanesboro' £sf ") Sam'i H. Whee-
New Ashford J ler,

Cheshire, John Wells,

John Leland,
Adams, Thomas Farnum

James Mason,
Williamston, Samuel Kellogg,

Henry C. Brown,
Savoy, Liscolm Phillips,
Clarksburgh,
Florida.

NORFOLK.
Roxbury, William Brewer,

Jacob Weld,

Abijah Draper,

Lemuel Le Barron,

Nathaniel S. Prentiss,
Dorchester, Mather Withington,

Daniel Withington,

Lemuel Crane,
Brookline, Stephen Sharp,
Milton, William Peirce,

Jacob Gill,
Quincy, Thomas Greenleaf,
braintree.

174

HOUSE OF Rf:PRESENTATIVES.

Weymouth, Christopher Webb,

Cohasstt, Thomas Lothrop,

Dedham, John Endicot,

Samuel H. Deane,

Jonathan Richards,

Needham^ Daniel Ware,

Mediield ^ \ ^ -i ■> ^

rj f Johnson Mason,

Medway, Moses Richardson,
Bellingham^ John Bates,
Franklin^ Joseph Bacon,

Phineas Ware,
Wrentham^ Jacob Mann,

Jairus Ware,

Samuel Druce,
Walpole^ Daniel Kingsbury,
Foxborough, Seth Bo} den
Sharon, Enoch He wins,
Stoughton, Samuel Talbot,
Canton, Joseph Bemis,

Lemuel Whiting',
Randolph, Micah White.

YORK.

York, Elihu Bragdon,

Joseph Bradbury,
Joseph VVeare,

Kittery, McU'k Adams,

William T. Gerrish,

Elliot, Samuel Leighton,

fVellSi Nathaniel Wells,
John Storer,
Joseph Moody,
Nahum Morrill,
John U. Parsons,

Arundel, Tobias Lord,

Biddeford, Jeremiah Hill,

Berwick, Richard F. Cutts,
Joseph Prime,
William Hobbs,
Benjamin Greene,

Lebanon, David Legro,

Sandford, Sheldon Houbs,

Alfred,

Lyman, John Low,
Phillipsburgh, Isaac Lane,
IVaterborough, Henry Hobbs,
Shapleighj Josiah P. Woodbury,

John Bod well, jun.
Neivjield, Josiah Towie,
Parsonsjield, James Bradbury,

Simon Marston,
Cornish, Jonah Dunn,
Limerick,
Limington, David Boyd,

Walter Hagens,
Buxton, Gibbens Eiden,

Biice Boothby,
Saco, Joseph Morrill,

William Moody,

Benjamin Pike,

CUMBERLAND.
Portland, Joseph Tiicomb,

George Bradbury,

Matthew Cobb,

Joseph H Ingrahani,

Isaac Adams,

Enoch Prebble,
Falmouth, John Jones,

James Morrill,

James Merrill,

Nathaniel Hatch,

Jonathan Sparrow^
Cape Elizabeth, Silvanus Higgins,
Scarborough, Vv^illiam Hasty,

George Hight,
Gorham, Lothiop Lewis,

David Harding,

Dudley Folsom,
Standish, Simon Moulton,
Windham, Josiah Chute,
Gray, Eliab Latham,
A^orth Yar?nouih, Am mi R.ISIitchel.

Edward Russell,

John Lawrence,

Gushing Prince,
Powtial,

HOUSE OF REPRESENTATIVES,

175

Pree Port^ Samuel Hyde,
Brunswick, Robert D. Dunning,
Durham, Secomb Jordan,
Harpswell, Stephen Purrinton,
New Gloucester^ Joseph E. Fox-

croft,
Pegypscot,

Poland, Robert Snell,
Minot, Nicholas Noyes,
Raymond, George Small,
Baldwin,
Bridgetown,
Harrison,
Otisjieldf Daniel Holden.

LINCOLN.
fFiscasset, Jeremiah Bailey,

Robert Elvvell,
Woolwich, John R. Stinson,
Dresden, Obediah Haynes,
Alna^

Whitefield, Joseph Bailey,
Jefferson, Thomas Trask, jun.
New Castle, John Farley,
Edgecomb, Thomas Cunningham,
Boothbay, William M'Cobb,
Bristol, James Drummond,

William M'Clintock,

Aaron Blaney, jun.
Nobleborough, David Dennis,
Waldoburough, Joseph Ludwig,

Benjamin Brown,
Friendship,
Cushing,

St. George, Hezekiah Prince,
Thomaston, Isaac Bernard,

Ezekiel G. Dodge,
Warren, Cyrus Eaton,
Camden, Farnham Hall,

Joshua Dillingham,
Hope, Fergus M'Clain,
Union, John Lermond,
24

Putnam,

Palermo, Daniel Sandford,
Montville, Joseph Chand r,
Georgetown, Mark L. Hill,

Lewis Thorp,
Bath, Samuel Davis,

Jonathan Hyde,

John Richardson,
Topsham, Actor Patteti,
Bowdoin, Moses Dennett,
Boxvdoinham, James Maxwell,
Lewiston, Aaron Dwinel,
Lisbon, James Small,
Litchfield, John Neal,

John Smith.

KENNEBECK.
Augusta, Samuel Cony,

George Crosby,
Hallowell, Thomas Agry,

Peter Grant,
Gardiner, Samuel Jewett,
Monmouth, Abraham Morrill,
Greene, Luther Robbins,
Leeds, Daniel Lothrop,
Winthrop, Andrew Wood,
Readfield,

Wayne, Moses Wing, jun.
Fayette, Ezra Fisk,
Mount Vernon, John Hovey,
Belgrade, Moses Carr,
Sydney,

Waterville, Eleazer W. Ripley^
JRome,
Viemia,

New Sharon, Thomas Fields,
Chesterville,
Farmington, Nathan Cutler,

Timothy Johnson,
Temple,

Wilton, Samuel Butterfield^
Pittston, David Young,

176

HOUSE OF REPRESENTATIVES.

Fassal5orough,S'dmut\ Redington,

Benjamin Brown,
Tfinslow, Joshua Cushman,
Harlem,
Malta,
Fairfax,

Clinton, Asher Hinds,
Unitif,

OXFORD.
Paris, Elias Stowell,
Hebron, Alexander Greenwood,
Buckfield, Daniel Hutchinson,
Turner, George French,
Z'ivermore, Samuel Livermore,

William H. Brettun,
Hartford, David Warren,
Sumner, Simeon Barrett, jun.
Nonvay, Joshua Smith,
Fryburgh, John M'Millan,
Hiram,

Browiifield, Joseph Howard,
Denmark,
Porter,
Lovell,

Waterford, Calvin Farrar,
Albamj,

Bethel, Moses Mason,
Jay, Moses Stone,
Dixfield^

llumford, William Wheeler,
Gdead,
JSft'xvry,
East Andover.^

SOMl^RSET.

JSforridgeruock, Calvin Selden,

Canaan, F.leazer Coburn,

Fairfield,

^nso)2,

i^tarks^

Industry,

A^ew Vineyard,

Strong,

Avon,

Embden,

Freeman,

New Portland,

Madison,

Cornville,

Solon,

Athens,

Harmony,

Palmyra,

Fairhaven.

HANCOCK.
Castine, Otis Little,
Penobscot, Samuel Farnum,
Orland,
Buckstown^ Jonathan Buck,

Joseph Lee,
Orrington, Enoch Mudge,
Eddington,

Ellsworth, Moses Adams,
Surry,

Blue HilU Reuben Dodge,
Sedgwick, Thomas Doyle,
Trenton y

Sullivan, Paul D. Sargent,
Gouldsborough,
Eden, Cornelius Thompson,
Mount Dese?'t, Davis Wasgatt,
Deer Isle, Ignatius Haskell,

Pearl Spafford,
Vi7uilhaven, William Vinall,
Isleborough,

lAncolnville, Ephraim Fletcher,
North Port, Cornelius Rhoads,
Belfast, Thomas Whittier,
Prospect, Henry Black,
Frankfort, Abner Bicknell,

Alexander Miliikenj

HOUSE OF REPRESENTATIVES,

177

Hampden^ Seth Kempton,

Bangor J James Carr,

OronOy

Dixmont,

Corinth,

J\^eiv Charleston,

Exeter,

Garland.

WASHINGTON.

Machias, Ebenezer Inglee,

East Port, Oliver Shead,

Lewis F. De les Denier,
Calais,
Robbinston,
Jonesborough,
Addison,
Columbia,
Harrington,
Steuben*

Charles P. Sumner, Clerk.
Rev. Elijah R. Sabin, Chaplain,

RESOLVES

OF THE

General Court of Massaichusetts.

PASSED AT THE SESSION BEGUN AND HOLDEN AT BOSTON, ON THE

TWENTY-NINTH DAY OF MAY, IN THE YEAR OF OUR LORD,

ONE THOUSAND EIGHT HUNDRED AND ELEVEN.

GOVERNOR'S SPEECH.

REPRESENTATIVES' CHAMBER, JUNE 7.

At 12 a'clocky the Senators attended in the Representatives^
Chamber^ agreeably to assignment^ when His Excellency tfie
Governor came in, accompanied by his Council, the Secretary
of the Commonwealth, and other officers of government, and
delivered the following

SPEECH :

GENtLEMEtr OF THE SeNATE, AND

Gentlemen of The House of HephesenTathtes,

JL HIl citizens of this Commonwealth, in the
full exercise of their elective rights, having called on us in our
respective stations, to promote their prosperity and happiness,
have manifested at this critical period, an honorable confidence
in our patriotic firmness and exertions. To fulfil their just
expectations, will be the height of my ambition : and on your
cordial and effectual co-operation, I have the greatest reliance.
The measures, wliich during the year last past, were adopted
by the Executive and Legislative departments of this State,
25

180 GOVERNOR'S SPEECH.

and which they were solicitous to stamp with impartiality,
moderation, and justice, appear to have met the general appro-
bation of the public ; and in most instances, to have allayed
that unrelenting party spirit, which when indulged, has never
failed (on the ruins of liberty) to establish despotism. But a
different system has been pursued by a few of our towns, and
in particular by our metropolis ; where of late, '• an assem-
blage" of a majority of her electors, many of tfiem citizens,
whose talents, professions, property and influence, have placed
them in the most respectable grades of society, and in high
offices of government ; have, in the most deliberate manner,
" unanimously" passed various Resolutions, too important, in
their nature and tendency, to be unnoticed. The publication
of these measures, which in no instance have been disavowed,
is so marked, as to admit no doubt of their authenticity.

Had this "assemblage" been content, with exercising
freely their rights of suffrage ; or agreeably to the Constitution
of the United States," of peaceably petitioning the government
for a redress of grievances ;" or in conformity to the constitu-
tion of this Commonwealth, " of requesting in an orderly and
peaceable manner, the Legislative body, by addresses, petitions ^
or remonstrances, to redress the wrongs done them, and the
grievances they suffer ;" no rational objection could have been
urged against them. On the contrary, their conduct, if it had
even resulted from mistaken zeal, would have been justly
applauded. But their open avowal of hostility to the govern-
ment of the United States, demands of us in support of it, as a
sacred ofiicial duty, an ingenuous and efficient line of conduct.

The measures referred to, were predicated on assertions
" that our ancient and respectable metropolis" " was the first
to encourage commercial enterprize." That, this was a great
source "of our national prosperity;" that "its inhabitants
have been distinguished by their quick discernment of, and
their vigorous opposition to all invasions of their rights ;" that
"at the risk of their lives and fortunes, they had opposed the
encroachments of arbitrary power," that they had expected
" a domestic government ^vhic]l would protect them in the
lawful exercise of their rights." That, " amongst these the
most invaluable was protection in the pursuit of commerce."
That '■ the government of the United States has for many
years past, manifested a disposition alarmingly hostile to com-
merce," but fnost eminently by the late act of Congress ; which
under certain pretexts, " inflicts a deadly wound on our com^
merce ;" That, " the only remedy short of an appeal to force

GOVERNOR'S SPEECH. 181

is to cliange our national rulers ;" and that, "this important
measure can only be effected by a correspondent chanj^e in the
administration of this State."

In regard to these positions, it is presumed, that this "assem-
blage" will not assume all the merit of encouraging commerce,
or of opposition to the invasion of our rights, or of opposing, at
the risk of life and fortune, the encroachments of arbitrary
power; but, will admit its fellow citizens of the metropolis,
and of the state, to equal honour with themselves on those sub-
jects ; and it is believed, that " the assemblage," in whatever
light it may view the Federal government, will not deny the
sovereign right of its fellow citizens of the United States, to
exerc'se their judgments on the conduct of that government;
to declare their conviction, that it is a wise, just, impartial and
patriotic government ; and their testimony, that instead of
inflicting, it has warded off by every possible mean, a deadly
blow, aimed by foreign powers on our commerce ; and to
applaud, revere, and support their government, in opposition to
those wlio have proclaimed their disaffectioji to it, have pro-
scribed it, and doomed it to destruction.

The "assemblage," in their first resolution, declare, "that
having reviewed with impartiality our foreign relations, they
are unable to discover any alteration in the conduct of foreign
nations, which can justify, or even apologize, for the late mea-
sures of the government of the United States." Admitting
the fact, that " the assemblage" could not " discover any such
alteration," still it may have existed ; and it did exist, in regard
to France, in the opinion of the ^o/t? constitutional judge, the
National government ; and generally of the State governments.
The measures alluded to, were the President's proclamation
of the 2d of November last, and the act of Congress of the 2d
of March last. And when it is considered, that the Emperor
of France by his oflicial declarations of a revocation of his
Berlin and Milan decrees, had rendered indispensable that pro-
clamation ; that the neglect to issue it, would have given just
cause of offence to the Emperor, and have hazarded a war;
that had this been the result, no apology could have been offered
for the President, that even if the Emperor had been strongli/
suspected of intentional perfidy, the proclamation was wise and
politic ; as it was revocable in such an event, and would thus
have placed him conspicuously in the wrong. When these
things are considered, where was the impolicy or injustice of
issuing the proclamation, or of renewing our commerce with
France ? But have the United States and Great Britain, or

182 GOVERNOR'S SPEECH,

either of these powers, authorized this "assemblage" to be
their umpire ? If not, by what authority did it sit in judgment
on the relative measures of the two nations ? It constitutes,
p ihc.ps, one part in four hundred of the federal electors ; and
is so small a portion to govern the whole ? The assemblage
had a right by the federal constitution, not to pass such resolu-
tions, but " to petition for a redress of grievances;" and it is
the greatest of all absurdities, and destructive of all order, to
admit, that three thousand of our fellow citizens having only
equal rights with the rest, can be authorized in proclaiming
that our national rulers, in relation to a foreign power, " can-
not justify or even apologize for their conduct." Did this
"assemblage" manifest "a quick discernment," pending a
negociation on which may rest our future peace, thus to con-
demn our national government, whilst supporting our just
claims : and to encourage a foreign power in unjust demands ;
which if persisted in will inevitably produce a rupture ? Can
it, on any ground, justify or apologize for such imprudent
conduct ? And how will it be viewed when the measures of
Great Britain towards us, for a series of years, have been
marked by every species of insult, injury, and injustice ?

The " assemblage" affirm " that the first flagrant violation
of our neutral rights was inflicted by the Berlin decree." This
decree was undoubtedly a manifest violation of our neutral
rights ; but it has been demonstrated to the satisfaction of the
federal, and generally of the state governments, that Great
Britain, for more than half a century, has carried into effect a
maritime rule of her own, which has derogated essentially from
our neutral rights, as established by the laws of nations. And
it is well knov/n that the armed neutrality, during our revolu-
tionary war, was formed by European powers, for the express
purj.iose of asserting their' maritime rights, and for opposing
the violation thereof, on the part of Great Britain^ And of
what consequence is it to the United States, which of the belli-
gerents was foremost iii depredations ? In municipal crimes,
there is no discrimination between convicts, whether first or
last, in robbing uiiofiending travellers. And where is the dif-
ference, on the land or on the ocean, between a public and
private robbery : except, that the former is pre-eminent in
criminality.

Again, It is stated, that " no proposal or hope is offered to
us, of a restoration of the vast property unjustly surprized by
that perfidious (meaning the French) nation." Are the secrets
then of our national government, or ought they in regard to

GOVERNOR'S SPEECH. 183

pending ncgociations, to be public ? If not, how can it be
asserted " that there is no proposal or hope for such a restora-
tion ?" The government of the United States, on every occa-
sion, with unrivalled ability, has contended for our national and
individual rights ; and is it not surprizing, that the " assem-
blage" should thus attempt to condemn our national measures,
without the least knowledge of them ?

The " assemblage" have " resolved" lastly, that they consi-
der *' the statute of Congress of the 2d of March last, as an
unjust, oppressive and tyrannical act," and that "the only
means short of an appeal to force" " to prevent its calamitous
effects," "is the election of such men to the various offices in
the State Government, as will oppose by peaceable, but firm
measures, the execution of laws, -which if persisted in must
and will be resisted.^"*

The act of Congress of the first of May, 1810, interdicted
" from and after the passage of it, every British or French
armed vessel," with certain exceptions, " from entering our
harbours and waters ;" and provided for its ceasing to operate
against either of those powers, who should revoke or modify
to certain purposes, before the 3d of March, 1811, its obnox-
ious edicts, and also for continuing in full force against the
other power, who should not within three months thereafter
revoke or m.odify her edicts in like manner, certain provisions
of "an act to interdict the commercial intercourse between the
United States and Great Britain and France." The Emperor
of France " officially made known to our Government," that
" on the 1st of November, 1810, her obnoxious edicts would
cease to have effect ; and the President, by his proclamation
of the 2d of the same month, discontinued all the restrictions,
imposed by that act in relation to France." Great Britain had
three months, by the act, to adopt a similar measure, but
refused or neglected it ; and our Government at the end of
four months, by its act of the 2d of March last, carried the
interdicting act into effect ; and this is the statute, which the
"assemblage" have declared "unjust, oppressive and tyran-
nical," and one of the laws, " which, if persisted in, must and
will be resisted."

The " assemblage" having declared as tlie only means to
avoid certain calamities, a change of our government, or the
alternative force, (or resistance) makes use of these as converti-
ble terms ; and they are such, the definite meaning of resist-
ance, being the " not yielding to force," or opposing force to
force. And why must force be opposed to the execution of
26

184 GOVERNOR'S SPEECH.

these laws ? Because says the assemblage " every citizen had a
right to construe the act of the 1st of May^ 1810," and " lo
govern his conduct accordingly;" and that any law which
should have the eftbct to make his construction a crime, '* must
be not only an ex post facto ^,0.1^ hwt unjust, oppressive, and
tyrannical," This doctrine of the right of every citizen thus
finally to construe a law, and to govern his conduct accordingl3%
is novel ; such authority being invested only in the judiciary. li
a person charged v;ith having violated a law, has by due process
been convicted thereof and received his sentence ; this will
and ought to be carried into effect, his construction of the law
notwithstanding. It often happens that a law in some instances
operates unjustly, and the efliect of it, in such cases, is usually
prevented by petitioning the Legislature (whose duty it is) to
redress the grievance ; or, by a recommendation, (before sen-
tence) of the judicial court, for pardon of the person convicted.
If all defective laws are ex post facto acts, because in a few
instances they may have operated as such, our national and
-State codes abound with them ; and every Legislature has been
justly chargeable with injustice, oppression, and tyrann\\
Many laws are of great length and intricacy, and the construc-
tion of them by individuals may be right, or wrong, or partak-
ing of both these qualities ; still these constructions according
to the opinion of the " assemblage," are to be so many criteria
for determinging whether the law is an ex post facto act, or
unjust, oppressive and tyrannical. If every citizen (according
to the declarations recited) has a right thus to put his con-
struction, on any law ; to declare other laws, if opposed to that
construction, unjust, oppressive and tyrannical; to preclude
by it all supplementary or explanatory laws of the Legislature;
and to resist them by force, our constitutions are nullities, our
constituted authorities are usurpers, and we are reduced to a
state of nature.

Again, If our national rulers are justly charged as it is
stated by this *' assemblage," with having passed a tyrannical
act, and laws that must and v/ill be resisted, they have rebelled
against the sovereignt}^ of the people, arc subject to punish-
ment, and have forfeited forever a claim to public coniidence.
But if the charge is unfounded, if they have conducted agree-
ably to our national charter, (which is manilestly the general
sense of the nation) have not those who have denounced the
government of the United States as oppressive, tyrannical and
unjust, and who have declared an intention to resist the execu-
0p}i Qf their l^ws, \mwarrantc^bly, adopted lueasures, tending

GOVERNOR'S SPEECH. 18^

to excite a spirit of insurrection and reljellion, and to destroy
our internal peace and tranquility? And is it expected, that ii
correct and well informed people, will rally round the standard
of disaffection, hazard their right of self-government, which
they hold by the charter of the God of nature, and present to
the world the unparalleled phenomenon, of a sovereign people
in rebellion against their own sovereignty ? It is believed the
pcojile in general of tlie United States are incapable of such
political suicide. And here it may be remarked, that the
"assemblage" have been lavish in their encomiums on Great
Britain, and in their strictures on France. In respect to the
conduct of France, no justification or apology even will be
offered ; but it may still be inquired, why Great Britain has
not availed herself, (as France has done) of the benefits prof*
fered to both, by the liberal act of Congress of 1st May, 1810 ?
She has condemned the French Emperor, for not having been
definite in revoking his edicts ; and at the same time, in every
instance, has refused to revoke her own. If he is culpable
for not doing every thing. Great Britain is more so for not
doing any thing, required by justice. Why has she not sup-
ported her condemnation of him, and raised her own fame, by
superior acts of equity and liberality?

Is it, because fearful of the competition of the United States,
she is opposed to a general renewal of their commerce ? Will
she only be satisfied by a monopoly of this ? Is she not con-
vinced, that the mutual interests of the two nations demand an
amicable adjustment of their differences? Our government
has given unequivocal proofs of an earnest, and ardent desire
to obtain that object. But, because of that, does Great Britain
expect to driuv, or drive us into measures, which, contrary to
our essential interest, must involve us in unnecessary war? If
so, if she will not listen to her wisest statesmen, but will sup-
port an administration inimical to this country, in a system of
evasions, pretensions, procrastinations and prevarications, she
\\\\\ too late discoNcr her error ; and by enlisting tliese States in
ihQ interest of her adversary, to which all her measures tend,
will hasten her natioi^.al overilirow ; and by such a deplorable
event, w^ill extend far and wide calamitous consequences.

To diminish, and exterminate, if possible, a party spirit, the
J^xecutive of this Commonwealth, during tht- last year, has
confirmed in his place, or re-appointed when requisite every
state officer, under its controul, who has been correct in his
conduct, and faithful to his trust ; disregarding his politics^
and requiring only his support of the federal and state consti»

186 GOVERNOR'S SPEECH.

tiitions, governments and laws, with a clue regard to the rights
of officers and individuals subject to his official discretion. But
it cannot be expected of any Executive, so far to disregard the
sacred obligations of duty and honour, as to preserve in official
stations, such individuals as would abuse the influence of their
public characters, by sanctioning resistance to law, or by such
other conduct, as will beguile peaceable and happy citizens,
into a state of civil warfare.

For our metropolis, I have ever entertained an affectionate
esteem and respect ; and regret exceedingly, that she has not
supported the salutary measures of this government, of the last
year. Had this been done, we might have silenced the demon
of party discord ; have manifested such an invincible determi-
nation to preserve our Union, as would have animated our
sister states to similar measures ; and might have destroyed
the germ of every hope to sever the United States. Of late
years, "the dismemberment of our Union" has been an avow-
ed object in the ministerial papers of Great Britain ; and to
effect it, a war has been in-ged against these states. Hov/
mortifying would it be, for any of our fellow citizens, to find
that their proceedings unintentionally, had promoted such nefa-
rious designs ; and had thus entailed on them and on their pos-
terity, an indelible stain ? It is seldom admitted as an apology,
that individuals, in the adoption of such dangerous means, had
laudable and honest views ; or that they possessed fair reputa-
tions ; for these circumstances, serving to increase and extend
the evil, excite a proportionate degree of public resentment.

Numerous instances of this kind, existed at the commence-
ment of our revolutionary war, and compelled our fellow citi-
zens to exile themselves, and to spend the residue of their
mounful days in foreign climes. It is remarkable likewise,
that such of late years have been the politicks of almost every
commercial metropolis of our sister states, as to have driven,
from it, the state Legislature. The reasons assigned have
been, the influx of foreigners, and a collection in those great
seaports, of the declared malecontents of the National and State
governments ; individuals, w^ho, with the uniform of Wash-
ington, have combatted the fundamental principles of our revo-
hition, as delineated by that revered Patriot. — May our
Metropolis, by regaining the high ground which she once
held, when Americans throughout Europe were denominated
Bostonians, and Boston was considered as " the cradle of
liberty," sanctify these walls as the permanent seat of the
Legislature ; and firmly support our National and State govern-

GOVERNOR'S SPEECH. 187

ments, our Union and Independence. But although the great
body of the people, will always be careful to preserve internal
peace, they must be prepared to meet incessant plots to divide
and conquer them. And let me, gentlemen, address your
reason, not your feelings on this important subject. Who can
contemplate, without chills of horror, the dismemberment of
our Union, and a civil war ? What is to be expected from
these concomitant evils? We are now blessed by divine
providence above any otlier nation. We have National and
State constitutions, which, by securing the freedom and fre-
quency of elections ; by the short tenure of legislative and
executive ofiices ; by the requisite qualifications of those in
office ; by the numerous checks required in free governments;
and above all, by the entire dependence of those systems oa
the sovereignty of the people, are rendered incapable of a sud-
den change to an arbitrary system of government. We are
blessed with the free exercise of our civil and religious rights,
with the prompt and due administration of justice — with a
country capable of supplying all our Vv'ants and wishes — with a
flourishing state of universities, and other seminaries of literature
and of science in general — with a local situation, distant from
the terrific scenes of unprecedented carnage — with an efficient
national defence, by a patriotic and powerful militia ; render-
ing unnecessary those expensive military establishments, which
are oppressive and dangerous to liberty — with the extension,
over the globe, of a lucrative commerce ; subject indeed at
present, to great and inevitable embarrassments — and with
innumerable other benefits. And is it possible for us, hv
ingratitude of the deepest dye, to that Omnipotent Being who
has so favoured us, to violate every moral, religious and politi-
cal obligation? by destroying the greatest of sociaj enjoy-
ments, our internal peace and tranquility ; by placing in mili-
tary array, relatives, friends and fellow citizens, against each
other; by exciting them to ungovernable fury;'^by urging
them to profane our temples, to sack and burn our towns, to
ravage our country, to lay waste our cultivated and beautiful
fields, to strew them with the bodies of our most valuable citi-
zens, to imbrue their hands in the blood of our innocent
women and children, and to pursue a ferocious warfare, which
would extend through the land, plague, pestilence, and flmiine.
This is but a faint picture of a civil war. Ten foreign wars
are a luxury, when compared with one civil conflict." At all
events, let us preserve peace at home, and wage war, if indis-
pensable, with any nation, however powerful.

188 GOVERNOR'S SPEECH.

My objects, on this occasion, are to bring conviction to the
minds of my fellow citizens, who may be in an error ; not to
wound or ruffle their feelings. — To recommend, Gentlemen,
by every mean in your power, the security of the blessings we
enjoy — To suggest the necessity of a revision of our laws
regulating elections; as well to prevent turbulant proceedings
in our primary assemblies, as to ensure the right of ballot ;
which is a mode secret in its nature, for restraining an undue
influence — To invite you to represent truly to our fellow citi-
zens the nature and tendency of our national and state proceed-
ings, and to exhort them to support as the Temple of our
Liberty and Independence^ the government of the United
States.

Let us attend for a moment to the two Great Pillars of our
prosperity, Agriculture and Commerce. These are such near
relations, as that, the loss of one, will be death ^to the other.
Nothing can be more unwise, than the establishment at home,
of a market for the surplus of our produce and manufactures.
The choice of foreign marts, for the sale of these, generally
enhances, and often doubles their value. If any foreign power
should inhibit our commerce with them, let us spurn at theirs,
and exert ourselves to be independent of it, by a skilful manage-
ment of the means we possess. And whilst our towering
forests, fertile soils, and rich mines furnish us with ample nia-
terials for a navy, and onr population with intrepid officers and
seamen to man it, let us proclaim from pole to pole, by our
naval thunders, that we will defend to the last moment of our
existence, our neutral maritime rights, and a commercial inter-
course with every friendly nation.

Pursuant to an order of the Legislature of the 27th of Feb.
last, I appointed the Hon. Perez Morton, Jonathan Smith,
jun. and Thomas B. Adams, Esquires, Commissioners, to
repair to the county of Lincoln for certain purposes ; and their
report will shew, that they have discharged the important trust,
with great ability, in^partiality and promptitude ; and will also
present the pleasing prospect, of a speedy and equitable tcj'mi-
nation of the unhappy disputes, which have arisen from inter-
fering territorial claims in that countv.

It is a happy circumstance, and docs great honour to our
clergy, that there exists among them, a general spirit of reli-
gious liberaliiy and tolerance. They advance in the strait
road of Christianity ; which is always strewed with flowers. —
Should any, perchance, wander into the devious paths of party
politics, the injury will not extend beyond themselves; and

GOVERNOR'S SPEECH. 189

they will soon retreat from the lacerations of briars and thorns,
which will meet them at every step.

A late solemn decision, of our supreme judicial court, has
limited the right of protestant teachers of piet}-, religion and
morality, to demand the taxes paid by their respective hearers,
for the support of public worship, to those of incorporated
societies ; and has produced a great excitement. This may
render indispensable, an attention to the subject ; and further
provisions, to encourage, by every possible mean, the liberty of
conscience in relation to religious opinion, and worship.

The affairs of the State Prison, by the judicial management
of the board of visitors, have presented of late a pleasing
aspect. The unhappy subjects of that useful institution, have
been advantageously employed ; the expenses of it have been
greatly reduced ; and the humane attention of the visitors, with
the faithful services of the physician, have been instrumental, in
maintaining in the prison, a remarkable state of health.

But the Legislature having taken measures to enquire into
and remedy the defects of its original establishment, suggested
on a former occasion, have rendered unnecessary further
remarks on this subject.

The existing state of our publick concerns, I flatter myself,
will present an apology for the time occupied on this occasion ;
and I shall communicate by message, the documents referred
to in this address, with other matters which may require your
consideration.

And now Gendemen, I shall take my leave of you for the
present ; with an ardent prayer to Almighty God, that an
inviolable attachment to the peace, happiness and welfare of
our country, may banish forever from our breasts, a party
spirit ; and induce us all, in the full exercise of every christian,
moral and social virtue, to embrace each other, as fellow citi^
^ens, as friends, and as brethren.

E. GERRY.

190

ANSWER OF THE SENATE.

MAr IT PLEASE rOUR ExCELLENCr,

JL HPL Senate congratulate you upon your
re-election to the office of Chief Magistrate of this Common-
wealth. It is undoubtedly the sacred duty of rulers honoured
with the confidence of their fellow citizens, and selected by
them as the guardians of their rights, to be firm in protecting,
and zealous in promoting, their prosperity and happiness.
From the long established and high reputation of your Excel-
lency for undeviating patriotism and pre-eminent talents, our
fellow citizens have the liighcst assurance, that the measures
of your administration will be such as to fulfil their just ex-
pectations; and the Senate assure you, that in effectuating
this desirable object, you may rely upon their constant cordial
co-operation.

From the impartiality and moderation manifested by all
branches of the government during the year past, hopes were
entertained, that party spirit so destructive to all friendly
intercourse between citizens of the same community, and by
the unhappy influence of which our liberties may eventually
be jeopardized, v/ould be allayed, and that a rational confidence
would thereby have been created in the rulers of our state
government. The Senate sincerely regreat that these expec-
tations have not Ijeen generally realized, and that any of our
fellow citizens, either from a deadly hostility to the adminis-
tration of our general government, or distrusting the patriotism
of those who administered our state government the year
past, have by measures extraordinary in their nature, and dan-
gerous in their tendency, endeavoured to excite resistance to
laws constitutionally enacted, and have called upon our fellow
citizens to elect to office, men who would aid in these nefari-
ous projects. — The constitutional right of assembling, and in
a firm and dignified manner, by petitions, addresses, or remon-
strances, of applying to our rulers for the redress of wrongs

ANSWER OF THE SENATE. 191

done them, and of grievances they suffer, is not denied ; but
no constitutional right is given to the citizens of assembhng
and anathematizing their rulers and the measures and laws of
their government, and of declaring to the people that the laws
are tyrannical and unconstitutional, and " if persisted in, must
and will be resisted."

A justifiable resistance to the execution of laws made by
the constituted authorities of a government, presupposes such
a depravity, usurpation and rottenness in the government, as
will justify even its utter subversion. When the distinguished
citizens of our metropolis, " of the first talents and grades in
society," and "in high offices of government," to whom the
good people of the Commonwealth have heretofore been taught
to look for correctness in principle and practice, by any mea-
sures or for any purposes whatever, have inculcated sentiments
and advanced principles which in their nature and tendency
destroy all rational confidence in th.e measures and in the offi-
cers of our government, and which may excite insurrection
and rebellion, and destroy the bonds of our Union, it became
the imperious duty of your Excellency to guard the peaceable
citizens of the Commonwealth against thejr baleful influence.

The conflicts of the two great belligerents in Europe have of
late years afl'ected the whole civilized world, and their aggres-
sions upon our neutral rights have been such, as to call for
measures from our government, as novel and various in their
nature, as were the evils against which they were intended to
guard. While our national rulers are struggling for the pre-
servation of peace, and our neutral rights, it is the duty of
every citizen to give them his support in all their reasonable
endeavours to uphold the rights of the nation abroad, and to
foster its best interest at home, and the Senate assure you, sir,
that they have a firm confidence in their patriotism, talents and
integrity, and from the recent election in this state, they infer
that their sentiments are in unison with those of a great majo-
rity of the people of this Commonwealth.

Your Excellency's able and lucid exposure of the danger-
ous tendency of the resolutions passed by the citizens of the
metropolis, receives the cordial approbation of the Senate ; and
while the elective franchise remains, they have a firm confidence
that the people of this Commonwealth, cannot be excited by
any consideration Vvhatever to resist the execution of laws con-
stitutionally made.

Your feeling picture of the horrors of a civil war, and pathe-
tic description of the many local, political, civil and religious
27

192 ANSWER OF THE SENATE.

advantages, rights and privileges enjoyed by the people of this
country, cannot but bring conviction to the mind of every one,
of the imperious necessity of preserving our peace at home, and
of being united in the support of whatever measures the general
government may adopt to prevent a foreign war. But should
our government be compelled to take part in a defensive war,
the riches and resources of our country, the valour and patriot-
ism of our citizens, are sure guarantees of our final success,
let the conflict be with what nation it may. The Senate accord
in the sentiments advanced by your Excellency, respecting
"continuing in office individuals who sanction resistance to
law" — and we are fully of opinion, that duty and honour forbid
any executive to continue in office, men, who abuse the influ-
ence of their public stations, by employing it to excite unrea-
sonable animosities in the minds of their fellow citizens
towards those who constitutionally administer their govern-
ment.

It is a subject of regret, that the metropolis of Massachu-
setts, once considered the *' cradle of American liberty," should
at this time, in consequence of the influx of foreigners, and the
declared malcontents of the national and state governments,
have become the echo of foreign opinions, in opposition to the
principles of our revolution, the laws and the constitution of
our countrv.

As your Excellency intimates, the time may come when the
Legislature, from considerations of a public nature, and in
obedience to the call of public opinion, may be driven from
these walls ; for the situation of a Legislature becomes
extremely embarrassing in a town where its members are in
frequent collisions with citizens whose sentiments are not con-
genial with their own, either as to the measures of the state or
national government, and where they are continually assailed
with the most opprobrious language towards the rulers of both
governments.

Freedom in elections is guaranteed to the people by the con-
stitution, and upon its purity depend our republican institu-
tions— It is therefore the duty of a wise legislature to guard
against abuses as they occur, by enacting such laws as will
secure to the citizen the privilege of exercising that right free
from restraint or undue influence. This important subject
will undoubtedly receive the early attention of the Legisla-
ture.

The Senate are deeply impressed with the importance of
securing to the citizens the equal protection of the law, in rela-

ANSWER OF THE SENATE. 193

tion to " religious opinion and worship," and we will cordially
co-operate in any measures which may be thought necessary
to effect this object, and to quiet the reasonable apprehensions
of any portion of our fellow citizens.

A spirit of religious tolerance among the clergy has undoubt-
edly the happiest effect in extending true Christianity ; and
while some clergymen among us by their piety, the purity of
their manners and a strict adherence to their vocations, have
honoured the cause they profess, others have of late, to their
great dishonour, " wandered into the devious paths of party
politics," and thereby brought reproach upon Christianity
itself.

The Senate receive with great pleasure, the intimation from
your Excellency, that the late unhappy disputes respecting
territorial claims in the county of Lincoln, are by the exertions
o: the Commissioners appointed for that purpose, like to
receive a speedy ajtid equitable termination.

Few objects, for some time past have been considered by
the Legislature of more importance than the situation of the
State Prison, not only on account of the advantages derived
from its establishment, but also from the great expence incur-
red in its support, and the Senate arc highly gratified to be
informed that the expenses have been greatly reduced, and
they will cheerfully give their aid in promoting any measures
which may be thought necessary to secure all the advantages
which the public reasonably expect from this institution.

Any further comunications which your Excellency may see
fit to make to the Senate shall receive all that consideration
and attention which their nature and importance may require.

In Senate^ June 15, 1811.
Read and accepted, and ordered that the same Committee
who reported it (Hon. Messrs. Walker, Blake, and Parker)
present the same to his Excellency the Governor.

SAMUEL DANA, President.

COMMOmVEJlLTH OF MASSACHUSETTS:

In the House of Representatives, June 13, 1811.

The following answer to the Speech of His Excellency, was
read, conbidered and dpproved. And thereupon it was ordered
that Messrs. Bangs, Mills, Crowninshield, Hill, and Ripley,
be a Committee in the name of the House, to present the
same to his Excellency.

JOSEPH STORY, Speaker,

ANSWER.

Mat IT PLEASE rouR Excellekct,

' ' ITH sensations of pleasure, the House of
Representatives meet your Excellency, elected a second time
to fill the high office of Governor of the Commonwealth. Bad
men may attain power by force or fraud, and weak men may
inherit it ; but to rule in the confidence and affections, and by
the suffrages of a free people, is that honour which a wise man
can never despise. Mankind can present no scene more inte-
resting, or more dignified, than the assemblage of a numerous
people, by their Representatives, in harmony with their chosen
chief, to make and modify their laws. Whatever lustre history
reflects upon men in ancient times, is where she exhibits their
virtues and their energies, under free, republican governments.
Sciences and the arts, all the sublime virtues, and even rational
religion, are their produce, and flourish in free states, as in
their natural clime. Transport them to regions of despotism,
they degenerate and fade. The bright light D.nd generous
warmth of a free spirit are necessary to their vigorous growth.

ANSWER OF THE HOUSE. 195

Ancient republics were either pure democracies, or mixtures
of such with parts of aristocracy. Calculated, in their small
beginnings, for the government of single cities, or confined
territories, they were sure to flourish and increase at first, and
as sure to fall into decay, by tiieir very increase, and go to
destruction by the extent of their own power — because they
wanted representation. To what extent a representative
democracy may spread itself, has never been fairly tried ; nor
how long it may exist. To the people of the United States,
is given a glorious opportunity to prove that man may yet
make further advances in the art of civil government. Under
our constitutions we continue tc enjoy, in an eiuinent degree,
all the advantages for which government was designed. Why
should any men be found so bigotted to the old school, as to
think of changing such constitutions to a government more^
supposed, energetic ? But all republics, it has been said, have
undergone revolutions and come to their end. And so have
all monarchies. So all men have died — Yet suicide is a folly
and a crime.

If it be true that good and evil are so combined, that no
good can be obtained without its proportionable concomitant
evil — If it be true that party spirit, seen in all governments, is
more apparent and more violent in proportion to the degrees
of liberty enjoyed ; and if it be true that the government most
free, is best — then may we console ourselves, that we have the
government the best and most free that ever was known among
men. That different minds should have different views of
things, and different modes of thinking and reasoning ; and
that this difference should most manifest itself in that slate of
society where the mind is most free, is neither a subject of
surprise or regret. — But when men inveigh against evcrv
measure of government, for a series of years, without a solitary
instance of approbation, then we suspect that this is not from
a difference of opinion, but a party spirit. When they call
aloud for particular measures, and disai>prove of the same, as
soon as the administration has adopted them, we believe this
to be from a party spirit. When they change both principle
and practice, and profess and act on principles they once pro-
fessed to abhor, we know that this is from party spirit. When
they judge the same point differently, at different limes, as
seems to make for the immediate interest of their party, we
charitably hope that this is not done wilfully and knowingly,
but in the blindness of prejudice and spirit of party. This
spirit is the common contagion among political men. No

196 ANSWER OF THE HOUSE.

condition escapes it. Often, those most disciplined in the
school of morality, and government of the passions, while
attempting to pluck out the mote from their brother's eye,
exhibit a beam in their own. The excesses of this spirit on
one side are apt to inflame the other. It shall be the serious
endeavour of the House of Representatives to guard their
minds against it. It is important that the citizens of a state
where the mind is left free to think and speak on subjects of
religion and politics, should cherish in their hearts a generous
benevolence. While party preserves itself within the essential
rule of submission to the majority^ and laws constitutionally
made, every freedom of reason and of speech, consistent with
the rights of character of individuals, should be tolerated with
good humour. But should the leaders of any party so far
forget the character of Americans, as to encourage a riotous,
rebellious and forcible opposition to constitutional laws and
threaten a dissolution of tlie Union, it will then be time to
'■'■frown indignantly'''' upon these men- — And should such pro-
fess themselves the disciples of Washington, we could not
avoid comparing them with those loudly professed disciples
of Jesus Christ, who slander, bite and devour, and in all their
conduct deny the true spirit of the gospel. When popular
phrenzy and mad insurrection of any part of the people against
their own government is excited by micre demagogues of no
standing and no talents but that of the tongue, the evils
produced are not lasting, and threaten no final subversion
of government and change of constitution. But when
men *' whose talents, professions, property and influence
have placed them in the most respectable grades of society,
and in high offices of government,'''' become so blinded, by
a maniac spirit of party, as to forget ail their former
better knowledge, and employ all the arts, powers and
influence, of which they remain masters, in promotion of
principles and practices which they once abhorred, and which
no sober man can justify, the crisis becomes alarming, and
calls on all the friends of union, government and laws, without
regard to party, to express in bold and decided terms, their
firm determination to support the constituted powers, their
own agents freely and frequently elected by a strong majority
of the people ; and declare that a small minority " must and
wilP^ submit.

The recent proceedings of " a7i assemblage of citizens''^ in
the metropolis of the state, have excited universal regret in
the minds of our fellow citizens. The right of the people to

ANSWER OF THE HOUSE. 197

assemble to petition for the redress of any supposed grievances^
and to express with decorum and dignity, their sentiments,
circumstances and situations^ cannot be denied. But when,
instead of availing themselves of this right, for these objects,
men respectable for their property and influence, associate for
the purpose of declaring that laws constitutionally enacted
" must and will be resisted," all good citizens are alarmed at
the temerity of their proceedings. A view of the situation we
should be placed in, were such examples frequently to be
before us heightens our apprehensions. If it be right to
declare that one law " must and ivill be resisted"*^ the same
right will extend to all laws. If it be correct for one " assem-
blage of citizens''^ to adopt and publish sentiments of this des-
cription ; then with others it xvill be equally correct. And
where are we to stop in this career of anarchy and confusion ? It
is astonishing, that the metropolis, which, from its opulence,
has the greatest possible stake in the preservation of social
oixler, should start with so much energy in the career of dis-
organization. And the united sentiment of the community
must be directed with peculiar gratitude to your Excellency,
who, acting upon your high responsibility, have, with so much
dignity, afforded the weight of your patriotism, influence and
character to save the Commonwealth from an example so per-
nicious and abhorrent.

Many mutual advantages are derived to town and country,
from placing the seat of government in the chief maritime
town. And it would be a circumstance much regretted, if any
unfair use of these advantages on the part of the capital, or if
any proceedings in their '"'' assemblages^'''' tending to irritate
popular feeling, and produce unpleasant collisions, should
make it necessary to remove their sessions from within " these
walls.''''

Since the mighty strifes between Rome and Carthage, never
has the old world been placed in a condition like the present.
While two colossal nations struggle for existence and empire,
surrounding states are trodden beneath their disregarding feet.
The law of nations, and the maritime law, the pride and pros-
perity of Europe, the noblest productions of civilized man,
are, perhaps, for a long time lost to the world. Man has des
cended and gone back to the practices of pirates and barba-
rians. The people of Europe, and nearest nations of Asia and
Africa, seem to be expecting a mighty master in the final con
queror, and a ntw Roman empire. 13ut to us it is consoling,
that the Roman, the Grecian, and the empire of China, have

198 ANSWER OF THE HOUSE.

always had their bounds ; and the earth has been found too
large for the grasp of a man however great and ambitious. It
does not become America to place herself instead of a Divine
Providence to direct the concerns of distant nations. Our
distance, the nature and extent of our territory, our internal
resources, rapid increase of population, and the always
superior bravery and constancy of freemen, place us beyond
the fear of any considerable ill effects from the result of Eu-
ropean wars. We prefer the words of Washington — " In
them we have none, or a very remote concern."

Men of various employments have come together under our
social compact. Of these the principal are agricultural, manu-
facturing and mercantile. To protect all these, and especially
to protect the persons of our fellow citizens from foreign rapa-
city and captivity, according to the power and means enjoyed
by the nation, is certainly the nation's dut}^ Yet not always
by a hasty temper of war for every aggression. Not always
by a vain declaration of v/ar against nations beyond our reach.
But by adopting, sometimes, in preference, such measures as
may have a tendency to bring back, by a feehng of interest,
the violator to the practice of justice. When two belligerents
have done us wrong; it seems at first view even degrading to
ask which wronged us first. Yet to a government, whose
genius is more civil than military ; a nation disposed to pass
by former injuries, provided ii can prevent their repetition,
and secure justice for the future ; it is not always uninteresting
to search for the root of the evil it is attempting to cure.
Hence men of different political persuasion have gone far into
the field of facts, with various disputati(;n and denial ; into
flicts, since the event of which, nations undergoing revolutions
feel not so strongly a national responsibility. May we not
determine tlie point in a way more short, more certain and
infallible ? Has our government made repeated offers of
friendship and commerce with that power which would cease
to violate our neutral rights, accompanied with promises of
non-intercourse with the other, imtil it should consent to do
the same ? Did the English plenipotentiary, Erskine, accept
this offer? The question is not now, whether he was autho-
rised; but whether the terms were more than just? If not,
then England would not recall her unjust orders in council
and blockades ; not becau::e our non-intercourse with France,
in case of her non-complluncc, would not be as effectual against
the trade of her enemy as all her cruising ships; but because
she iCitrcd France v.'ould also repeal her decrees, and thus res-

ANSWER OF THE HOUSE. 199

tore our rightful trade with both. Have our government made
a later, similar, equal offer to both nations ? Has France
declared her acceptance, provided we, with good faith, keep
our promise of non- intercourse with England, till she also
complies ? We consider this proviso as an insulting doubt of
our national faith and firmness. And shall we justify this
doubt, and break our own faith and promise, because we fear
in turn that the Emperor of France may not keep his promise ?
No — Though all nations should be false, let America be true.
No dishonour attaches to a nation deceived by a direct breach
of faith. We believe that the people of the United States have
too much common sense to prefer the scraps of a skulking
commerce, preyed upon by all nations, to a probable free trade
with continental Europe, and a hope at least that England,
finding us firm and persevering in our prudent and peaceful
policy, may discover it to be her true interest, as well as hon-
our, to return to that regard to law and justice, whieh formerly
secured to her the confidence of nations, and raised her to high
pre-eminence in glory and pou'er. To that justice without
which the world must rather rejoice in her desolation.

The whole history of America has given convincing proof
of a benevolent Providence, deducing good from seeming evil.
And have we not now reason to expect that the manufacturing
spirit, encouraged by the embarrassments on our commerce,
may yet, in a national view, more than compensate for all the
evils, which we are sorry to see so many of our fellow citizens
now suffering from those embarrassments. For next to hus-
bandmen, from Vv'hat class can we expect to find more strong
and brave soldiers in war, and virtuous citizens in time of
peace, than from our industrious mechanics cind manufactur-
ers ; and what can tend to make us m^ore an independent na-
tion, free from foreign influence, than an industry and inge-
nuity which can supply us with all the necessaries and elegan-
cies of life from our own resources. We wish always to see
our agriculture and commerce aiding each other; while we
cannot but rejoice to observe our farmers paying attention to
a greater variety of produce, wanted in manufactures, and
always finding a ready sale at home ; promoting internal com-
merce, and lessening the necessity of importations. Surplus
productions from our soil, fisheries and manufactures, we
expect to have. " To establish^'''' for these, " a market at
home^'*^ suffering nations to come and purchase, ''^ who inhibit
our commerce with them^''"' would certainly be most " miwise.^^
And if any nations persist in attempts to prevent our resort to
2g

200 ANSWER OF THE HOUSE.

what markets we choose, we " spurn all commerce'''' with such
nations, we can live '■^independent of them.'''' And if this pro-
duces war we have no reason to fear. We have " towering
Jbrests.,'''' ''\fertile soiV^ *' rich mines,'''' " ajnple materials for a
navy, and intrepid officers and seamen to man it.''''

The laws regulating elections are fundanieit ;l and of primary
injportance in every republican state. Their violation, whe-
ther by the fraud, unjust influence and partiality of officers
concerned in them, or by open riot and '■'' turbulent proceedings
in our primary assemblies,''' or ungenerous influence of the
wealthy over the poor, by a too open ballot, are in the nature
of high treason against the sovereign people. The House of
Kepresentatives will not fail to pay due attention to the sugges-
tions of your Excellency on this subject.

We bless God for our rights of conscience, and '^^ that there
exists a general spirit of liberality and tolerance''^ both among
our people and clergy ; and a willingness to secure, by whole-
some lav\'3, these sacred rights to all. If any of that venerable
order, which the people always wish respect, should ^''per-
chance, xvander into the devious paths of party politics,''' they
will soon discover their own impotence ; and regret the loss of
that usefulness, which it was their duty to preserve.

To secure justice by good laws and an impartial adminis-
tration of them ; to promote and diff"use knowledge and moral-
ity by seminaries of learning and wise public institutions and
a free press ; to encourage a national republican spirit, by
banishing all regard for the tinsel titles and trappings of monar-
chy and aristocracy ; to foster a sacred regard for our state and
national constitutions, dreading their infringement, and fearing
the very approach towards their confines, these are the first
care and the first duties of the Representatives of the free peo-
ple of this state : and though on this occasion we have thought
it necessary and not improper to follow your Excellency, in
expressing our confidence in our constituted national autho-
rities, and determination to support a union so dear to every
true American ; yet in all their proceedings, the House of
Representatives will strictly confine theniselves to subjects
within their own state legislation, and state concerns ; leaving
the management of national and foreign affairs to that Presi-
dent and Legislature of the whole nation, to which they
belong.

RESOLVES,

June, 1811.

Resolve for an additional Notary Public in the county of
Norfolk. June 4, 1811.

Resolvedy That an additional Notary Public be appointed in
the county of Norfolk, to reside at Dedhanii

II.

Kesolve for an additional Notary Public in the' county of
Lincoln. June 4, 1811.

Resolved^ That there be an additional Notary Public ap-
pointed for the county of Lincoln, to reside at Bath in said
county.

III.

Resolve for granting a tax for Bristol county, June 5, 18 II.

Whereas the Treasurer of the county of Bristol, has laid
his accounts before the General Court for examination and
allowance, which accounts have been examined and allowed,
and the Clerk of the Court of Common Pleas for said county
has exhibited an estimate made by the Justices of said Court
of the necessary charges likely to arise within the said county
the year ensuing, amounting to two thousand dollars. There-
fore,

Resolved, That the sum of two thousand dollars be, and the
same is hereby granted as a tax for the county of Bristol, to
be apportioned, assessed, paid, collected and applied for the
purposes aforesaid, according to law.

202 RESOLVES, June 7, 181L

IV.

Resolve directing the Committee on the pay roll to make up
the pay of the Representatives from Gloucester and JVal-
doboroughy in 1810. June 7, 1811.

Resolved^ That the Committee on the pay roll be directed
to allow and make up the pay of the Representatives from the
towns of Gloucester and Waldoborough, according to their
request.

Resolve establishing the pay of the members of the Council
and General Court. June 7, 1811.

Resolved, That there be allowed and paid out of the public
treasury, to each member of the Council, Senate and House
of Representatives, two dollars per day, for each day's attend-
ance the present session, and the like sum for every ten miles
travel from their respective places of abcdc, to the place of the
sitting of the General Court. Provided, That the attendance
of the Representatives after the first twenty days shall be
charged to the respective towns, which they represent, and no
more, any law, usage, or custom, to the contrary notwith-
standing.

And be it further resolved, That there be paid to the Presi-
dent of the Senate, and Speaker of the House of Representa-
tives, each, two dollars per day, for each and every day's
attendance over and above their pay as members.

VI.

Resolve on the petition of Elenor Southgate, authorising Daniel
M'Farland to execute a deed. June 7, 1811.

On the petition of Elenor Southgate, widow of John South-
gate, late of Leicester, in the county of Worcester, deceased,
Sally Southgate, child and heir of the said deceased, Jonathan
Earle, and Samuel Watson, 2d. of said Leicester, guardians to
all the minor heirs of the said deceased, viz. Harriot, Eliza,
and George W. Southgate, praying that Daniel M'Farland,
administrator de bonis non on the estate of the said deceased,
may be authorised to make and execute a good and sufficient

RESOLVES, June 8, 1811. 2fJ5

deed of conveyance of five acres of land, lying in said Leices-
ter, to Henry Morse.

Resolved^ That for reasons set forth in said petition, that
Daniel M'Farland, administrator de bo?us no?i as aforesaid, be,
and he is hereby authorised and empowered to make and exe-
cute a good and sufficient deed of conveyance to the said
Henry Morse, his heirs, and assigns forever, of the said five
acres of land, as described in said petition.

VIL

Resolve grajiting Oliver Paddock SI 00. June 7, 1811.

On the petition of Oliver Paddock, of Brookfield, in the
county of Worcester.

Resolved^ For the reasons set forth in the said Oliver Pad-
dock's petition, that there be allowed and paid to him out of
the treasury of this Commonwealth, the sum of one hundred
dollars, as a compensation for his expenses and extraordinary
services in detecting George Holbrook, and causing him to be
recognised to appear and answer before the Supreme Judicial
Court on certain charges of having committed divers frauds
and forgeries.

VIII.

Resolve on the petition of Eunice Shepard. June 8, 1811.

On the petition of Eunice Shepard, widow of Elisha Shep-
ard jun. late of Wilbraham in the county of Hampshire, de-
ceased, guardian of Thomas Jefferson Shephard, Delphia Shep-
ard, and Delphina Shepard, minors, and children of said Elisha
Shepard, deceased, and Levi Bliss jun. of said W ilbraham, and
Statira his wife, and Benjamin Pearson, of Ludlow in said
county, and Betsy his wile, stating that the said Elisha con-
tracted with Samuel Lyman Esq. now deceased, to purchase
of him a farm in said Wilbraham, lying near Nine Mile Pond,
bounded east on land of Reuben Sikes, south on a road, and
on land of John Glover and James Shaw, west on land of Mo-
ses K. Bartlett, and north on laiid of Leonard Miller and
Chauncy Brewer, containing about two hundred acres, that
the said Samuel in his life time made his bond, conditioned that
if Said Elisha or his heirs should pay the contents of his note
to said Samuel, for four hundred and twentv-five dollars and

204 RESOLVES, June 10, 1811.

interest annually, that he would convey said farm to said Elisha,
Jiis heirs or assigns, and that said Elisha and Samuel, both de-
ceased before payment of said note or executing said deed, and
that the only surviving heirs of said Sumuel Lyman, are Mary
Lyman and Samuel Lyman, which said Samuel is a minor un-
der the age of twenty-one years, and that the said Mary and
Bezaleel Howard, the guardian of the said Samuel, arc willing
to convey all the right of said Samuel Lyman, deceased, upon
payment of the money due on said note, and praying that for
reasons set forth in said petition the said Bezaleel Howard may
be authorised to convey all the interest of said Samuel Lyman,
the minor, to Noah Merrick of said Wilbraham.

Resolved^ That the said Bezaleel Howard, guardian of said
Samuel Lyman, be, and he is hereby authorised to sell and
convey by sufficient quitclaim deed duly acknowledged and
recorded, all the interest of the said Samuel Lyman, said mi-
nor, in the said premises to him the said Noah Merrick : Pro-
vided, the said Noah shall pay and satisfy the full contents of
the said Elisha's note to said Samuel Lyman, deceased, and
annual interest, and the said Mary shall also convey all her in-
terest in said land to said Noah : And provided further, that he
the said Noah Merrick, shall first give bond to the Judge of
Probate for the county of Hampshire, for the tinie being, and
his successors in said office, in a sum and with sureties to the
satisfaction of the said Judge, with condition that he will and
shall pay over to the said minor children of said Elisha Shep-
ard, to wit, Thomas Jefferson, Deiphia, and Delphina, three
fifth parts of the surplus of the purchase money of said farm,
said purchase money being in the whole eleven hundred and.
twenty-five dollars, deducting therefrom the said sum so due
to said Samuel Lyman, and to pay the same three fiiths parts
of said surplus with the interest thereof as he shall be ordered
by the Judge of Probate for said county for the time being.

IX.

Resolve on the petition of Jonathan Plympton for a new note,

June 10, 1811.

On the jictition of JonaiUan Plympton, administrator on the
estate of Moses Allen, late of West Boylston in the county of
Worcester, deceased, setting forth that the said Allen in his
life time was possessed of a Sfute note, No. 471, for the sum
of eighty-seven dollars and twenty-six cents, dated January 16,

RESOLVES, June 12, 1811. 2(V5

1804, wliich said note has been lost or stolen, and praying tha*^^
the same may be renewed.

Resolved^ for reasons set forth in said petition, That the
Treasurer of this Commonwealth be, and he hereby is directed
to issue a new note for the same sum and of the same numbtr
and date bearing interest at five per cent, per annum to the saiji
Jonathan in his said capacity, he the said Jonathan first giving
bond to the satisfaction of said Treasurer, conditioned to inv
demnify the Commonwealth from all demands which may
hereafter arise on account of the note lost as aforesaid.

X. , \

Resolve on the petition of Stephen Clark% empowering the
Supreme Judicial Court to remit so much of a judgment
as they may deem just. June 11, 1811.

On the petition of Stephen Clark, of Clarksburg, in the
county of Berkshire, praying for relief from a judgment ren-
dered against him at the Supreme Judicial Court for the county
of Worcester, on a recognizance entered into by him as surety
for one Joel Corson.

Resolved^ For reasons set forth in said petition, that the
said Supreme Judicial Court be, and they hereby are empow-
ered to remit to the said Stephen Clark, so much of the
amount of the said judgment as they may deem just and
reasonable, and to cause execution for the residue thereof,
in the same manner as if the scire facias on said recogni-
zance were now pending in said Court, and no judgment
had been rendered thereon.

XI.

Resolve on the petition of Thomas Harris jun. directing the
Treasurer to deliver to him a certain note. June 12, 1811.

On the petition of Thomas Harris jun. praying that a cer-
tain State note standing in the name of Richard Cary, now in
the Treasury of tl\is Commonwealth, may be delivered to him.

Whereas a resolve passed the Legislature at their last ses-
sion directing the Treasurer to receive of Josiah Bartlett a
State note. No. 4614, for three thousand four hundred and
seventy-three dollars and four cents, dated May 4, 1800, pay-
able to Richard Cary, or bearer, and the said Bartlett having

S06 RESOLVES, June 12, 1811.

represented that said note belongs to the heh's of Dennis De
Bert, of London, deceased, and that it was uncertain who are
the proper persons to demand the same, and the said Thomas
Harris jun. havinj^ proved that he is duly authorised to receive
the said note. Therefore,

Resolved^ for reasons set forth in said petition. That the
Treasurer of this Commonwealth be, and he is hereby directed
to dehver to Thomas Harris jun. the said State note. No. 4614,
for the sum of three thousand four hundred and seventy-three
dollars and four cents, said Harris giving the Treasurer his
receipt for the same, and depositing with the Treasurer the
power of attorney giving him authoritj- for the purpose of re-
ceiving the same note.

XH.

Resolve on the petition of Benjamin and Mary Rogers. June

12, 1811.

Upon petition of Benjamin Rogers, and Mary Rogers, exe-
cutors of the last will and testament of Joel Everts, late of
Great Barrington in the county of Berkshire, physiciaK, de-
ceased and guardians to certain minors therein named praying
leave for reasons set forth in their petition, to exchange the
real estate of the said deceased therein described and now be-
longing to the residuary legatees, who are minors, for certain
other real estate lying in Great Barrington which vviil be more
advantageous to the minors, and will be capable of division so
as to accommodate said minors.

Resolved, That said executors and guardians be and hereby
are empowered to make the exchange prayed for, and to make
and execute good and sufficient deed or deeds thereof to the
purchaser, which shall be as effectual in law as if the same es-
tate was sold at public auction for money, and that they be and
hereby are authorised to receive in exchange other real estate
in the town of Great Barrington, of the same or nearly equal
value, and the estate so received in exchange, shall go and be-
long as directed in said will, and be subject to the same rules
of partition, settlement or sale, as would apply to the estate
left by the deceased: Provided, nevertheless. That the ex-
change be made agreeably to an appraisement by three impar-
tial men to be appointed by the Judge of Probate for the county
of Berkshire, and to be under oath, and that the appraisement
comprehend the estate of the deceased, now proposed to be

ilESOLVES, Jure 13, 1811. 207

exchan^^ed, and also tliat which the executors expect to receive
therefor, and that such appraisement be accepted and allowed
by said Judge : And provided also, That the said Judge do cer-
tify thereon his approbation of the intended exchange, the said
appraisement and approbation to be entered on the records of
the Probate office, and to be made previous to the execution of
the deeds. And whereas the most advantageous adjustment
of the lots of real estate to be received by the said executors
may leave a bakiiice in favour of one of the contracting parties.
Therefore,

Besolved, Tliat the said executors be empowered, as the case
may require, either to pay or to receive such balances in per-
sonal estate, provided the balance shall not exceed the tenth
part of the appraised value of the estate given in exchange by
baid guardians.

XIIL

Resolve confirming the records of Livermore. June 13, 1811,

On the petition of the Inhabitants of the town of Livermore,

Resolved, That the records of the said town shall be valid

Und good in law to all intents and purposes, notwithstanding it

is omitted to be recorded therein, that their town clerk for the

first year took his official oath according to law.

XIV.'

Resolve confirming the doings of the assessors of Hartford.,

June 13, 1811.

On the petition of the assessors of the town of Hartford.

Resolved, That the doings of the assessors of said town in
their assessments of taxes for making and repairing of high-
ways, and of the collectors thereof, or of their surveyors of
highways, be, and the same are hereby confirmed, and made
valid in law, notwithstanding the said assessors have not caused
said assessments to be recorded in the tovv n book or left a copy
thereof with their to^vn clerk or filed such copy in their assess-
ors' office before they delivered the same to said collectors or
highway surveyors, provided such assessments have been m
other respects made according to law,
29

208 RESOLVES, June 13, 1811.

XV.

Resolve granting ten thousand dollars to tJie most necessitous
of the sufferers by the late jire at Nexoburyport. June
13, 1811.

The committee of both houses to wliom was referred the
consideration of measures proper to be adopted for the relief of
the unfortunate sufferers by fire in Newburyport, beg leave to
state,

That they have received satisfactory evidence of a fire hav-
ing happened at Newburyport, which in the extent of its
ravages, and its distressing consequences to the sufferers, has
exceeded every calamity of that description, which has here-
tofore occurred in the Commonwealth. The most valuable
part of the town is in ashes. A stock of goods and furniture
of immense value is consumed, many individuals are reduced
from affluent to humble circumstances, and many deprived
of the earnings of industrious lives, of the means of present
subsistence, of the prospect of future comfort, and exposed to
a state of unqualified want and deep distress.

Such indeed is the extent of this unexampled calamity, that
your committee, if permitted to consult merely their own feel-
ings and dispositions, would recommend the grant of such re-
lief as might alleviate the sufferings and losses of the various
descriptions of the unfortunate, and encourage the distressed
and impoverished inhabitants to make new efforts to retrieve
their disasters, by rebuilding their town and resuming their
occupations. But they are aware of objections naturally arising
to a precedent which should divert a very considerable portion
of the public funds from their ordinary appropriations to the
claims of misfortune, however just and imperious.

They therefore feel themselves bound to confine their views
to the grant of a sum, which if judiciously distributed may
save from instant wretchedness and want, that portion of the
sufferers who by this awful visitation have lost their all. And
they recommend the following resolution.

H. G. OTIS, per order.
Resolved, That the sum of ten thousand dollars be paid out
of the treasury of this Commonwealth, to the Hon. Joseph
Story, the Rev. John S. Popkins, Rev. John Giles, the Hon.
Daniel A. White, and Benjamin W. Crowninshield, Esq. for
the use of the most necessitous of the sufferers by the late fire
at Newburyport, and they or any three of them are hereby

RESOLVES, June 15, 1811. 209

appointed Commissioners to distribute the said sum in such
proportions, at such times, and to such persons, as in their
discretion may appear proper, regard being had to the actual
circumstances and necessities of individuals, and to render an.
account of their doings to the Governor and Councih

And further resolved^ That his Excellency the Governor,
with the advice of Council, be authorised to issue his warrant
in favour of said Commissioners, for the said sum.

XVI.

Resolve on the petition of James Harvey^ granting $300, for
loss of /and in Berkleij, June 15, 1811.

On the petition of James Harvey, praying to be compensated
for certain lands situate in Berkley, in the county of Bristol,
sold and warranted to him by said Commonwealth, from which
he has since been ejected by due co-irse of law, for want of a
sufficient title in said Commonwealth at the time of the sale
thereof, and also to be indemnified for costs and charges paid
and expended by him in defending said premises.

Resolved^ That there be paid to the said James Harvey out
of the public treasury of this Commonwealth, the sum of three
hundred dollars, which shall be a full compensation to him for
the loss of the lands described in his petition, and for his costs,
charges, and expenses in defendmg the same against the suit
of one Venus Macomber, as therein set forth.

XVH.

Resolve on the petition of Samuel Parkman, granting the
heirs of Thomas Service further time to settle two town-
ships. June 15, 1811.

On the petition of Samuel Park man, attorney to Andrew
Service, who is administrator on the estate of Thomas Service,
deceased, proprietor of township No. 2 and 3, in the first range
of townships between Bingham's million of acres (so called,)
and New-Hampshire line.

Resolved, for reasons set forth in said petition, That a further
time of two years from the first instant be, and hereby is
allowed to the heirs and assigns of Thomas Service, to com-
plete the settlement of thirty families on each of said townships,
agreeable to the condition of settlement required in the deed.

210 RESOLVES, June 15, 1811.

and if the heirs and assigns aforesaid, shall within said time
complete the settling duty aforesaid, that then tlie estate, right
and title of the heirs aforesaid, shall be valid, full and effectual
to all intents and purposes, as if the condition of settlement
required by their deed, had been seasonably complied with :
Provided nevertheless^ That the heirs aforesaid shall on or
before the first day of December next, give bond to this Com-
monwealth, in the sum of eighteen hundred dollars for each of
said townships, with sureties to the satisfaction of the agents
for the sale of Eastern lands, conditioned that the number of
settlers required in said deeds shall be performed on or before
the first day of June, eighteen hundred and thirteen, or for the
payment of thirty dollars for each family which shall then be
deficient.

XVIII.

Resolve alloxving the agents on Eastern lands 82000, to enable
them to have surveyed twenty townships. June 15, 1811.

On the representation of John Read and William Smith,
Esquires, agents for the sale of Eastern lands, stating that they
were not provided with funds to enable them to carry into effect
the surveying of twenty townships of land, viz. ten townships,
on the contemplated road from Penobscot to St. Johns, and
ten townships on the contemplatt-d road from Kennebeck river
to the river Cliaudire, and reconnoitring the same as directed
by two resolves dated the 14th and 27th February last.
Therefore,

Resolved^ That there be paid out of the treasury of this
Commonwealth to said agents, the sum of two thousand dol-
lars, to be by them accounted for, and to be applied for the pur-
poses aforesaid, and his Excellency the Governor is hereby
requested to draw his warrant on the Treasurer for the same.

And he it further resolved^ That the agents aforesaid in
their directions for locating of grants, are to consider the
twenty townships laid out upon said roads, as appropriated^
yntil further order of the General Court.

RESOLVES, June 18, 1811. 211

XIX.

Resolve on the petition of Wilham Bonnison, Adjutant GeneraU
granting an half year'' s salary. June 15, 1811.

On the petition of William Donnison Esq. Adjutant Gen-
eral, praying for compensation for his services in his said office.

Resolved, That there be allowed and paid out of the public
treasury of this Commonwealth, to William IXonnison Esq.
the sum of six hundred dollars, in full compensation for his
services in said office to the first day of July next, said sum to
be in full for services, including office rent and clerk hire.

XX.

Resolve appointing a Comtnittee to establish the lines between
Saco and Scarborough. June 18, 1811.

On the petition of Edmund Moody, Benjamin Pike, and
Aaron Seammons, a Committee appointed by the town of Saco,
\n the county of York, setting forth that there is a dispute
between the said town of Saco, and the town of Scarborough,
in the county of Cumberland, respecting the boundary lines
between the said towns.

Resolved, That John Neal, of Litchfield, Robert Town, of.
Arundel, and James Merrell, of Falmouth, be a Committee to
repair to the said towns of Saco and Scarborough, who after
giving seasonable notice to the Selectmen of each of said towns,
shall proceed to adjust and establish th.e lines between said
towns at their expense, and said Committee shall make report
to the next session of the General Court of this Common-
wealth.

XXL

Resolve on the petition of Daniel FBit, rendering valid an
affidavit. June 18, 1811.

On the petition of Daniel Flint, of Reading, in the county
of Middlesex, Esq, administrator of the estate of Adam Flint,
late of Reading in said county, yeoman, deceased, intestate,
praying that his affidavit of his proceedings relative to the sale
of the whole of said Flint's real estate, made in the Court of
Probate for said county on the sixteenth cjay of May last past,

212 RESOLVES, June 18, 18il.

and recorded with a copy of one of the original advertisements
in the Registry of Probate for said county, may be valid in
lau^, although not made within seven months after the day of
sale as the law requires.

Resolved^ That the prayer of the petition be granted, and
that the registry of the affidavit and copy of the original adver-
tisement shall be valid, and have the same force and effect in
law, as if the same had been done within seven months after
the day of the sale, any law to the contrary notwithstanding.

XXII.

Resolve granting a tax to the county of Dukes'' county.
June 18, 1811.

Whereas the Treasurer of the county of Dukes' county has
presented his accounts to the Legislature for examination,
which accounts have been examined and allowed. And
whereas the Clerk of the Court of Common Pleas, for the
said county, has exhibited an estimate made by the said Court
of the necessary charges which have arisen within the said
county for the year past, and of the sums necessary to discharge
the debts of the said county.

Resolved^ That three hundred dollars be granted as a tax for
the said county of Dukes' county, to be apportioned, assessed,
paid, collected and applied for the purposes aforesaid according
to law.

XXIIL

Resolve granting a tax for the county of Kenneheck.
June 18, 1811.

Whereas the Treasurer of the county of Kennebeck has
laid his accounts before the Legislature for examination, which
accounts have been examined and allowed. And whereas the
Clerk of the Court of Common Pleas, for the said county, has
exhibited an estimate made by the said Court of the necessary
charges which may arise within the said county for the year
ensuing, and of the sums necessary to discharge the debts of
the said county.

Resolved^ That the sum of six thousand five hundred dol-
lars be, and hereby is granted as a tax for the said county of
Kennebeck, to be apportioned, assessed, paid, collected, and
applied for the purpose aforesaid according to law.

RESOLVES, June 19, 1811. 2U

Message from his Excelleney the Governor relating to the
existing contest hetxveen Capt, Lot Fool and Ensin John
H. Brown.

Gentlemen of the Senate, and

Gentlemen of the House of Representatives,

On the fourth of February last, I communicated by mes-
sage to the Legislature the state of an existing contest between
Capt. Lot Pool and Ensign John H. Brown, two militia offi-
cers of the third division, that this matter might be brought to
a just issue. But the desirable object was not attained, the
irritation of the parties has continued and encreased, as will
appear by the additional documents, numbered from one to
three, inclusively, which the Secretary is directed to lay before
you, and the case requires as early a decision as may consist
with the important concerns of the Legislature.

The Secretary will also communicate the proceedings of the
Supreme Executive in regard to the formation of two additional
divisions of militia, by subdividing the sixth division in order
to the appointment, if the two Houses should deem it expedi-
ent, of two Major Generals.

Pursuant to the request of the Senate a communication will
in like manner be made of the last returns from the several
incorporated banks in this Commonwealth.

E. GERRY.

Council Chamber, I8th June, 1811.

XXIV.

Resolve on the petition of Isaac Maltby, correcting a mistake ^

June 19, 1811.

Whereas Isaac Maltby presented his petition to the Legis
lature of this Commonwealth at the last session, nravinj*- that

TIT • '1«0

Joseph Lyman, administrator on the estate of Israel Parsons,
late of Hatfield in the county of Hampshire, deceased, might
be authorised to make and execute deeds of two pieces of
land lying in said Hatfield, which land was conveyed by said
Isaac Maltby to said Israel Parsons as collateral security to
guarantee the payment of a note of hand signed by Lemuel
Dickenson, which note iias been paid. And whereas on the
26th day of February, 1811, a resolve of the Legislature passed
upon said petition, by which the authority which said petitioner

214 RESOLVES, June 19, 1811.

prayed might be granted to said Joseph Lyman was by mis-
take given to Jonathan Lyman. Therefore,

Resolved^ That all the power and authority whicli by said
resolve was given and granted to Jonathan Lyman be, and the
same hereby are given and granted to the said Joseph Lyman^
administrator as aioresaid. -

XXV.

llesolve empowering Ann Smith to execute a deed to Johfi
Smith. June 19, 18il.

On the petition of Ann Smith, of Arundel, in the county of
York, widow, [)raying that she may be authorised and empow-
ered to make ar.d execute a deed of conveyance of a certain
tract of land lying in Phillipsburg, in the county aforesaid,
to Colonel John Smith, of Phillipsburg in the aforesaid county,
which land Charles Smith, late of Arundel, deceased, and
husband of the said Ann Smith, did in his life time bargain
awd sell to the said John Smith and receive the full considera-
tion therefor, but no deed or other instrument under seal passed
from the said Charles Smith to the said John Smith.

Resolved^ for reasons set forth in said petition, That the
said Ann Smith be, and she is hereby authorised and empow-
ered to make and execute a deed to the said John Smith of the
following tract of land, lying in Phillipsburg in the county of
York, containing thirty acres of land in the first division, be-
ginning at the north-east end of Edgecomb's Lot, and running
north-east, keeping the full breadth of the lot until the thirty
acres be completed, and is bounded on the north-west by land
of proprietors unknovv'u, and on the south-east by land of John
Smith, and on the north-east by land of Nicholas Smih, and
that a deed so niade and executed by the said Ann Smith shall
be good and valid to all intents and purposes as though th
same had been executed by her husband in his life time.

XXVL

llesolve granting >S10 05 to James Broxim for services as a
soldier at Aitgusta, June 19, 1811.

On the petition of James Brown, a private soldier in captain
Benjamin Prescott's company, which was ordered on duty in
October, A. D. 1809, to guard the gaol in the town of
Augusta,

RESOLVES, June 19, 1811. 215

Besolved, for reasons set forth in said petition, That there
be allowed and paid out of the treasury of this Commonwealth
to the said James Brown the sum often dollars and five cents,
and the Governor with the advice of Council is hereby author,
ised and empowered to draw his warrant in favour of said
Brown on the treasury for said sum.

XXVII.

Resolve on the petition of Billy Emerson, authorising the Judge
of Probate for Essex, to allow a further time to the Creditors
of John Black to bring i?i their claims. June 19, 1811.

On the petition of Billy Emerson and others.

Resolved, That the Judge of Probate for the county of Es-
sex be, and he hereby is authorised to allow a further time of
two months to the creditors of the estate of John Black, late of
Salcm in said county, truckman, deceased, to bring in their
claims, and to authorise the Commissioners on said estate to
meet one or more times for the purpose of receiving and ex-
amining the claims of the creditors of said estate, the said
Commissioners to give such notice of their meeting as. said
Judge of Probate shall direct*

XXVIII.

Resolv-e authorising the Committee on Accounts to examine and
alloiv the accounts of Medxvay. June 19, 1811.

On the petition of Moses Richardson, in behalf of the town
'of Medway, praying for an allowance for the support of sun-
dry paupers.

'Resolved, That the Committee on Accounts are hereby au-
thorised to examine and allow the account exhibited by the
said town of Medway, in the same manner as they would have
been authorised to have done, had it been exhibited within
the time limited by law.

XXIX.

Resolve on the petition of Joshua Martin, directing the reinstate-
ment of an action upon the docket of the Supreme Judicial
Court for Hampshire. June 19, 1811.

On the pethion of Joshua Morton, stating that a Court of
Common Pleas, holden at Northampton, within and for the
30

216 RESOLVES, June 19, 1811.

county of Hampshire, on the fourth Monday of August, Anno
Domini 1807, he comnienced a suit against Lucrctia Cha~
pin, administratrix on the estate of Frederick Chapin, late of
Hatfield in said county, deceased, for breach of covenants in a
certain deed by said Frederick in his life time executed and
delivered to said Joshua, at which term of said court said ac-
tion v^-as entered and continued from term to term, until the
third Monday in May, 1808, vihtn said action was carried by
demurrer to the Supreme Judicial Court holden at said North-
ampton on the third Tuesday of September then next, at
which term of said court the said Joshua entered said appeal,
and the said action was continued in said court from term to
term until the third Tuesday of September 1809, when the
same was dismissed by said court, in consequence of the origi-
nal writ having been lost or mislaid, so that a copy thereof could
not be produced in said court ; and that since said action was
dismissed as aforesaid, the said original writ, together with other
papers belonging to said case, have been found. Therefore,

Resolved, That the Clerk of the Supreme Judicial Court for
the county of Hampsliirc be, and he hereby is empowered and
directed to reinstate said action upon the docket of said court,
at the next term thereof to be hoiden in said county, and the
parties shall have the same day therein, and the said court shall
proceed to hear and determine the same in the same way and
manner as they might and could have done if said action had
never been dismissed by said court, but had been regularly
continued from term to term tlierein, and that the cost in said
action upon final judgment beir.g rendered shall be subject to
the direction of said court.

^ i^ J. 2^ ^^ •

Resolve .^i'anthu'' to JusJiua Tower SCO. June 19, 1811.

On the petition of Joshua Tower, a private soldier in a
company of militia in tl.c town of Acton, praying for compen-
sation for a wound which he received while on military duty,
on the 28th day of September in tlie year of our Lord one
thousand eif'-ht jiundred ar.d three. ,

Resolved, l"or reasons set forth in said petition, I'hat there
be allowed and paid to said 'Jo^-hua Tower out of any moines
in the treasury of this Commonwealth not otherwise apj)ropri-
ated, the sum of sixty dollars, as a compensation for the time
lost and money expended, in consequence of said wound.

Resolves, June 20, isii. 217

XXXI.

Resolve authorising the Cotnmittee on Accounts to examine and
allow the accoimt of JVdliam Cutis. June 19, 1811.

On the petition of William Cutts, praying for an allowance
for military services performed by him as an Adjutant in the
first regiment, first brigade, and sixth division of the militia
of this Commonwealth, in the year 1806.

Resolved, 1 hat the Committee on Accounts are hereby au-
thorised to examine and allow the account exhibited by said
Cutts, in the same manner as they would have been authorised
to have done, had it been exhibited within the time limited by
law.

XXXII.

Resolve granting the Secretary gl20, to pay Assistant Clerks,

June 19, 1811.

Resolved, That there be allowed and paid out of the public
Treasury unto Benjamin Romans Esquire, Secretary of the
State, one hundred iuid twenty dollars, to enable him to pay
such assistant clerks as he may judge it necessary to employ
to expedite the public business of the present session of the
General Court, he to account for the expenditure of the same,

XXXill.

Resolve making addition to Silvanus Lapliani's pay.
June 20, 1811.

Resolved, That there be allowed and paid out of the public
Treasury of this Commonwealth unto Silvanus Lapham, as-
sistant messenger to the General Court, one dollar per day, du-
ring the present sessioti of the Legislature, over and above the
ordinary allowance to him.

Governor's Message, by the Secretary^ to the two Houses.

Gentlemen of the Senate, and

Gentlemen of tlie House of Itepresentatlves,

In some counties of this Commonwealth great uneasiness
in regard to the conduct of Sheriffs, and their Deputies, had
existed previously to my election to the executive department,

218 RESOLVES, June 20, 1811.

and the evil still exists. Several applications from respectable
citizens have been made the last year for the removal of some
of the former, and had any charge been made and supported,
which in my judgment would have authorised the measure, I
should have applied an official remedy. But such is the na-
ture of the trust as to be subject to partiality and other abuses
which the people must sensibiy feel, but which may have been
so conducted as to baffle their measures for redress of the griev-
ance. Justice requires that the Sheriffs should not be wantonly-
deprived of their bread and reputations by dismission whilst
faithfully discharging their duties, and on the other hand so
important to the community, are fidelity and impartiality on
the part of those officers as to render necessary every possible
check on their malconduct. In some of the States they are
appointed for a term of years ; and a regulation of this kind, if
it should appear salutary, reserving to the executive its con-
stitutional rights, may have a good effect. Should a Sheriff"
misconduct, under such a provision, it will give an opportunity
to the ])eople, by remonstrance, for preventing his reappoint-
ment, although they might not have been able without great
expense and trouble to make and support specific charges
which would demand his removal. If this subject is viewed
in the same light by the Legislature as by myself, a postpone-
ment of it will be injurious to the public, a circumstance which
produces this late communication.

Coiincil Chamber, 20th June, 18 IL E. GERRY.

Message from the Governor relative to the disturbances in

Lincoln county.

Gentlemen of tlie Senate, and

Gentlemen of the llousie of Representatives,

Ijj my late address to the Legislature, mention was made of
a report of the Commissioners on the subject of the unhappy
disputes whicii had existed in the county of Lincoln, and the
Secretary will now present that report iiecompanicd by a mutual
agreement " between the non-residis.nt claimants to lands,"
which were the causes of the uneasiness, and by numerous
documents, with a schedule thereof, numbered from one to ten,
inclusively. If the Legislature in their present session, should
close with the proposals of the non-resident claimants which
appear to be liberal and equitable, peace and harmony will be
restored again to the meritorious inhabitants of that county,

RESOLVES, June 20, 1811. 219

who will receive a just reward due for the blood freely expend-
ed by their ancestors, and for their own services heretofore
promptly rendered in defence of the Commonwealth. The
necessity of an immediate attention to this subject v/ill be
manifest when it is considered that our foreign concerns are in
a critical state, and that gigantic powers, ever on the watch to
extend their conquests and to foment divisions amongst a free
people whom they wish to subjugate, employ secret and cor-
rupt agents to enfiame parties and to urge them respectively to
acts of violence and hostility.

E. GERRY.
Cambridge^ IQth June, 1811.

To the Honorable Senate and House of Representatives, in
General Court assembled — May, 1811.

The undersigned, having been appointed by his Excellency
the Governor, under an order of both branches of the Legisla-
ture, passed on the 27th day of February last, Commissioners,
to lake into consideration the Message of his Excellency to the
Legislature, of the 29th day of January last, relative to dis-
turbances in the county of Lincoln, with the documents accom-
panying the same ; and also, to take into consideration the
memorial from the inhabitants of the towns of Bristol, Edge-
€omb, Nobleborough, Newcastle, and Boothbay, and the me-
morial of Samuel Tucker and others, all of which are now
pending before the General Court, and to go into the said
county of Lincoln, and investigate thoroughly, the nature and
causes of the difficulties stated in said message and documents,
and also, the nature and causes, and state of the difficulties and
grievances complained of in said memorials, with power to
send for such persons and papers, as should appear to us neces-
sary, to enable us to determine, fully, on the subject of our
commission, giving notice of the time and place of our first
meeting, to the Selectmen of the several towns aforesaid, and
to the said Samuel Tucker, and to such other persons as we
might deem it expedient to notify, with povv'cr to appoint a
Clerk, have attended the duties assigned to us in the said com-
mission and order, in the following manner. After h'lvlng
given public notice, in tall the newspapers printed in Boston,
and in three others, printed in the District of Maine, and also,
particular notices to the several memorialists, ajid such other
persons, as within our knowledge and information, were in any
jnanner interested in the titles to land, lying within any of said
towns, v/e met at the Court House, in Wiscasset, on Wednes-

220 RESOLVES, June 20, 18 IL

day the first day of May instant ;— appointed Eleazer W.
Ripley Esq. our Clerk, and proceeded to open the commission,
Daniel Rose, Milton Goodenovv, Aaron Bianey, James Dium-
mond jiin. Daniel Waters, and Stephen Parsons, Esquires,
appeared as the constituted agents for the memorialists ; and
the Hon. Silas Lee, Esq. as counsel and attorney to the claim-
ants, under what is called, the Tappan rights Samuel H. Fia ig,
and his counsel and attorney, in behalt of what is called, the
Drowne rights and James Noble and William T. Vaughan,
with their counsel and attornies, John Holmes, Jeremiah Bai-
ley and Daniel W. Lincoln, Esquires, in behalf of what is
denominated, the Brown right ; and Josiah Stebbins Esq. as
counsel and attorney, in behalf of the grant of a tract of land,
made by the Legislature, to the Lincoln Academy.

At the request of the agents for the memorialists, we ad-
journed our subsequent meetings to the towns of Newcastle,
Bristol and Nobleborough, where, at their desire, we viewed a
number of places, which Vv'ere shewn to us, as the ruins of
ancient settlements; and having fully and patiently heard, all
the allegations and witnesses, and seen and considered, all the
deeds and other documents, produced by the agents for the
memorialists, as well as such as were produced on the part of
the non-resident claimants aforesaid, we respectively submit to
the consideration of your Honours, the following result of our
investigation and enquiries : —

So far as respects that part of the memorial of Samuel
Tucker and others, a committee of the town of Bristol, and
that part of the memorial of Benjamin Piurnmer and others, in
behalf of a number of the inhabitants of the town of Noble-
borough, which respects the conduct of the Hon. Judge That-
cher, in ordering out the militia, conformably to" the law of
March 6ih, A. D. 1810, to support the surveyor appointed,
by order of the Supreme Judicial Court, to run certain lines;
as that law has since been repealed, the agents for the memo-
rialists, voluntarily, ^vithdrew all further complaint on that sub-
ject, and are satisfied with what has been already done by the
Legislature.

The permanent grievances, of which they complain, arc
particularly detailed in the joint memorial of the several towns
of Bristol,' Edgecomb, Nobleborough, Newcastle, and Booth-
bay, and, to the investigation of the narure and causes of these
complaints, our attention has been particularly directed; — and
in order to give your Honours a correct view of the present
state of the diiiieulties, of which the memorialists compiam,

RESOLVES, June 20, 1811. 221

we beg leave, briefly, to state the origin and nature of the sev-
eral claims, with which they are threatened, and the circum-
stances which have attended them.

The non-resident claimants, under what is commonly de-
nominated the Droxvne claim, exhibited as the foundation of
their title, a patent, or rather an indenture, between the Presi-
dent and Council of New- England, on one part, and Robert
Alsworth aiid Giles Eibridge, of Bristol, in England, on ;he
other part, executed on the 20th day of February. 1631, by
which, in consideration that the said Alsworth ana Eibridge,
" have and will transport, and do undertake to transport^ at their
own cost and charges, divers persons into JSi'ew- England, and
there to erect and budd a town and settle inhabitants'" — i he said
President and Council granted and assigned, to said Alsworth
and Eibridge, their heirs and assigns, " 07z<? hundred acres of
ground for every person so by them transported, within the space
of seven years next ensuing, that shall abide and continue there
three yews, or die after they are shipped.'''' The same inden-
ture also granted to said Alswoi th and Eibrid^ge, their heirs and
assigns, " twelve thousand acres of land over c^nd above sich set-
tlers'' lots^ to be taken and laid out near the river, commonly
called and known by the name of Pemaquid, and next adjoining
the place where the people and servants of said Alsworth and
Eibridge are now settled, or have inhabited for the space of
three years last past, to be taken together along the sea coast,
as the coast lieth, and so up the river, as far as may contain the
said twelve thousand acres, with all the islands and islets, within
the limits next adjoining the said land, butting within the limits
aforesaid, three leagues into the mam ocean.'''' And it was further
agreed, on tht: part of the said President and Council, " that
upon lawful information given of the bounds, metes and quantity
of the lands so chosen and possessed, the said President and Coun-
cil, upon surrender of this present grant, and upon reasonable
request, by said Alsworth and Eibridge, their heirs or assigns,
within seven years now next coming, shall and will, by deeds
indented, grant, enfeof and confirm, all and every of the said
lands, set out and bounded as aforesaid, to the said Robert Als-
worth and Giles Eibridge, and their associates.'''' And it vv-as
furriser covenanted, in said indenture, " that the said Alsxvorth
and Eibridge, their heirs and assigns, shall not, at any time here-
after, al'iene these premises or any part thereof, to any foreign
nations, or to any person or persons whatsoever, without the
licence, consent and agreement, of the said President and Council,
and their successors and assigns, except it be to their axon ten-

222 RESOLVES, June 20, 1811.

ants or undertakers y belonging to the said tozvn, hy them to be
erected as aforesaid^ upon pain of forfeiture of the said land^ so
aliened to the use of the said President and Council again^ The
said indenture also constituted Captain Walter Neale and Rich-
ard Vines, the attornies of the said President and Council, to
enter the premises and deliver possession thereof ; and there
appears endorsed thereon, the following memorandum : — " The
possession of all the lands contained in this patent ^ was delivered
by me Walter Neale to Abraham Shurte, to the use of Robert
Alsxvorth and Giles Eibridge, merchants ^ of the city of Bristol^
this 21 th of May, 1633: IFA : NEALE:' The patent
appears to have been recorded in the Registry of the county of
York, April 2d, 1737; it also appeared by the deposition* of
Abraham Shurte, not signed, but taken and sworn to before
Richard Russel, magistrate, on the 25th of December, 1662,
and recorded in the Secretary's Office, March 28, 1744, that
in 1629, fttvo years before the pate7it was dated, J Walter
Neale gave him possession of the lands under that patent ; and
that he bounded the twelve thousand acres therein, '■'■from the
head of Damariscotta to the head of the river Muscongus, aiid
between it to the sea ;". and " that some years afterwards, Tho-
mas Elbridgc, to whom the patent belonged, coming to Pemaquid,
held a Court there, to which the inhabitants repaired, and con-
tinued their fishing, paying a certain acknowledgement ^

It is contended by the present claimants, that this grant is
a joint tenancy, and that Giles Elbridge survived Robert Als-
worth, and became sole proprietor of the whole, and that John
Elbridge, eldest son of Giles, afterwards died, and, by his will,
devised the whole to Thomas Elbridge, the second son of
Giles, and that so, the present claimants, derive their title down,
through him.

No other evidence, of the lineal descent of Thomas Elbridge,
or of the devise of his brother, was exhibited to the Commis-
sioners, than such as arose from recitals to that effect, in the
dv.-eds of the said Thomas Elbridge, and no evidence whatever,
of the survivorship of Giles Elbridge. It appeared, that on
the first day of February, 1651, the said Thomas Elbridge con-
veyedf one half of the whole patent, to Paul White, — and that
in April, 1653, Paul White conveyed;}; this moiety to Richard
Russel, and Nicholas Davison, and in July, 1657, Richard
Russel C(;nveyed5 his (juarter of the patent, to Nicholas Da-

* Abraham Sliurte's deposition, cc. f T Elbridg-e's deed to Taul Y\'hite, ec.

-• Deed, PjuI White to Russel and Davl.oii.
§ Deed, Kichard llusscl to N. naviiois, fi'.

RESOLVES, June 20, 1811, 22S

vison, and on the 3d day of Sept. 1657, Thomas Elbridj^e con-
veyed* his other moiety of the patent, to the said Nicholas
Davison. It appears on the face of these deeds, that Nicholas
Davison, at the time of the said conveyance, resided at Charles-
town, in the county of Middlesex, and his will,f dated March,-
1665, styles him of that town. The present claimants, traced
a title down to Shem Drowne's wife, who was one of the de-
scendants of Nicholas Davison, and they produced a power
of attorney! from the other heirs, to Shem Drownc, dated the
3d day of Sept. 1735, all of whom, as well as Nicholas Davison
and all the intermediate claimants, were non-resident within
the patent, and no evidence was given to the commissioners, of
any actual possession of any part of the patent, by any person
interested therein, from the year 1657, to the year 1737, when
it appears, by the depositions of Alexander Erskine^ and Pat-
rick Rogers, jl that -Shem Drowne first took possession, and
employed John North to take a survey of the patent lands j
and it appears by a plan made and signed by John North, No-
ven\ber 2, 1741, that an actual survey was taken by him, and
the land laid out in lots, among the proprietors, and a division
deed^ was executed among them, on the fifth day of October,
1752, to the v/hole extent from Damarascotta fails and Mad-
omock down to the sea. But, by two witnesses produced on
the part of the agents for the mem.orialists,viz. William Jones**
and Jonas Fitch, ff it appears, that the survey embraced 70 or
80000 acres, instead of 12000, granted by the patent. The
claimants produced a large number of leases to difFercnt settlers,
from the year 1744, to 1761. They also produced a copy of
the petition of the Pemaquid proprietors, J J to the legislature of
Massachusetts, dated January, 1773, praying that their proceed-
ings, in their proprietors' meetings, might be ratified and con-
firmed, any irregularity in the same notwithstanding, and a
ratification thereof by the legislature, March 1, 1774. — And
the present claimants contend, that this act of the legislature,
is a confirmation of all the rights, originally intended to be
granted, by the patent.

No evidence was produced to the Commissioners, that the
original patentees had transported or shipj)ed any settlers, after
tlieir patent was granted — Nor, that within the seven years next
following the date of the patent, any deed of confirmation was

* Tho. Elhrid.^e to N. Davison, hh, f N. Davison's Will, k!c.

+ Habijah Savage and alias power, ss. - § Deposition of Alexander Erskine, tL
Deposition of Patrick Rogers, mi. ^ Deed of Division, xx.

•• Commissioners' records, oage 5. jf do. p. 31. tt relition and resolve, aaa, bbb.

224 RESOLVES, June 20, 1811.

granted by the President and Council of New-England, to
them or their associates, or that any request was ever made, by
the patentees, for that purpose.

Whether the first of these nets is to he considered as a condi-
tion precedent^ and the other a condition subsequent^ on the per-
formance ofwhich^ the validity of the grant was to depend: and
whether the alienation of the patent lands, by the heir of the
surviving patentee, without the consent and agreement of the
■President and Council of New-England, to persons not his own
tenants, and 7iot bt longing to the town<) erected under the patent,
operates as a fcrjeiture of the lands so aliened, to the use of the
said President and Council of New- England ; and whether the
rights accruing under such forfeiture, are not ?ww vested in the
commonwealth, or whether the absence of possession for eighty
years, unaccompanied with any acts of settlement or building a
town by themselves or others under them, does not work a for-
feiture of the rights of the patentees and their assigns, by non
user ; or

WJiether the doings of the legislature of the late Province of
Massachusetts in 1774, legalising the irregular proceedings of
the meetings of the Pemaqukl company, be a confirmation of all
the original patent rights, to the non-resident grantees of the
original patentees, are questions which naturally present them-
selves in this enquiry, but which, without the assent of the
parties to some other mode of adjustment, exclusively apper-
tain to the supreme judiciary ultimately to determine, and
therefore the Commissioners forbear to offer auy opinion upon
them.

The non-residcni clainiants, under what is denominated the
Tappan right, derived their title from the Indian deeds to
Walter Phillips, the first from Josle and his son and wife ;*
the second from Wittenose and Erie Dugles ;t die third from
Erie Dugles, J all of whom, in said deeds, are styled Sagamores.

The first of these deeds, from Josle, &:c. is dated the 15th
of February, 1661, and apjjears to be the condition of an obli-
gation, which is, that Walter Phillips, " shall peaceably hold,
enjoy and possess, from the date of these presents to him and his
heirs and assigns forever, all and singular these lands, beginning
at the lower end of the salt pond at Damariscotty, so tending
right over to Cavesisix river due xvest northwest, so tending
ri^'ht up in the country three leagues, from the mouth of the

^ I)ec4j JoslCj kc to Phillips, X. f Deed, "Wittenose ct al to same, U.

^ Deed, E^rle Dug'les to Phillips, T,

RESOLVES, June 20, 1811. 225

fresh falls y all the upland and marsh or marshes there belonging
thereunto, xvithin the compass of the three leagues above mentmi-
ed, which lately was the lands of the within named and bounden
Josle, Sagamore of the said land,'''' This instrument appears to
be a bond, for quiet possession of the lands, rather than a deed
of conveyance of the fee, and it refers to a deed anterior to it,
—rand is not acknowledged, but appears to have been entered
in the records of Sheepscot, May 26, 1667, — and said to be
lodged in the Secretary's office, as certified by J. Willard,
Sec'ry, January 13, 1730 ; — but no such book has been ever
found to be lodged in the Secretary's office.

The second deed to Phillips, froin Wittenose and Erie Dug-
les, is of the same nature with the foregoing, and seems to be
the condition of a bond, for his quiet possession of lands, thus
described, " Beginning at Pencotsgowake^ the one half up-
xvards to the lower end of the salt pond to the end of the land
throughout^ to the indraft that comes out of the salt pond, so
likexvise from Pedcocgowake down to the noke below the house
of the said Walter Phillips, which the natives used to carry their
canoes over to Cavesix river, so likexvise on the other side of the
said meadow that lies xvest northwest from Pedcocgowake 200
poles in length northwest, all 7'narshes Jresh or salt xvithin the
limits above mentiojied xvhich lately was the lands of the within
named Wittenose, Sagamore, and Erie Dug les his brother, Saga-
more.''^

This instrument also refers to a prior deed or grant, and is
dated, January 19th, 1662 ; it is not acknowledged, but ap-
pears by Secretary Willard's certificate under date of 13th of
January, 1730, to have been recorded in the Sheepscot book
of records, before mentioned, on March 4th, 1665.

The third deed to W. Phillips, from Erie Dugles, bears
date December 28, 1674, and conveys to him, his heirs and
assigns, " a tract of land, lying and joining to a tract of land of
Thomas Kimball, on the eastern side of Damariscotty fresh
pond, xvhich is fve hundred acres joining to the fresh falls.'''*
And also, " all the remainder part of the said land on the eastern
side of Damariscotty as by as the head of the pond or any branch
thereof and in breadth six mile^ xvith the trees, mines, xvaier cuid
xvater courses xvithin said limits, and the right and privileges as
well by water as by land.'''' This deed uas not acknowledged,
but appears to have l^een recorded, in the office of Benjamin
Rolfe, a Notary Public in Boston, January 13, 1730, and in
York County Registry, September 12, 173'7.

226 RESOLVES, June 20, 1811.

In the two first of these deeds there appears to be no con-
sideration expressed, or what the penahies of the bonds were
and the third deed barely says, for a good and valuable con-
sideration, without expressing what it was.

It appears by a deed,* from Walter Phillips to Christopher
Tappan, dated November 10, 1702, — that he conveys to said
Tappan, his heirs and assigns, all the lands mentioned in the
first Indian deed from Josle, &c. and described it, as it is there-
in described, and also he conveys to said Tappan, in the same
deed, "all the land^ beginning at Pedcocgoivake and extend-
ing upwards to the lower end of the salt pond and all the land
throughout to the indraft that comes out of the salt pond^'''' See.
as described in the second Indian deed, from Wittenose and
Erie Dugles, to W. Phillips ; — this deed was acknowledged,
the same day it was dated, and recorded in the York County
Registry, September 12, 1737.

By anodicr deed,t from Walter Phillips to Christopher
Tappan, bearing date the same 10th day of November, 1702,
and acknowledged the same day, and recorded at the same
time with the preceding, in York County Registry, it appears,
that W. Phillips conveys to said C. Tappan, the same tracts
of land, mentioned in the third Indian deed, from Erie Dugles
to said W. Phillips, and described as therein described.

It appears by the two deeds, from Walter Phillips to Chris-
topher Tappan, that said Phillips was, at the time of the execu-
tion of said deeds, an inhabitai^.t of the town of Salem, in the
county of Essex, and that said Tappan was an inhabitant of the
town of Newbury, in the same county.

It appeared in evidence, "j: that at the time of the execution
of the deeds, from the Indians to Phillips, he occupied a sn^ail
part of the tract, so conveyed to him, and was in the improve-
iTient of it, as a farm, for several years. At what time he aban-
doned the possession did not appear, but it is obvious that, in
1702, when he conveyed to Tappan, neither he nor Tappan,
were in possession, nor any one under them, or either of them ;
— but it appeared in evidence,^ that about the year 1720, two
or three persons went on as tenants, under Tappan, and cleared
and improved some part of the land, but to what extent did
not appear. And, in June 1733, John Pearman and Joseph
Winter, went on to part of the lands, under lease|[ from Tap-

• Deed, Phillips to Tappan. | Ditto same to same,

t Esther Roberts' depo. b— John Dalls ditto, e — Samuel Small ditto, d— Joha
Cvirtis, e.
§ Samuel Getchel's depo. 1.
li Tappan's lease to Pearman and •— — g'. — Wm. Jones' evidence, Com. Rec. p. S.

RESOLVES, June 20, 1811. 227

pLin. The claimants, under this right, produced the deposition
of Surplus Mars,* to prove, that in the year 1749, they caused
an actual survey of that part of the Tappan right to be riiade,
which lies on the east side of Damariscotta Fresh Pond and
River, but the agents for the memorialists, as well as the other
claimants, contended, that no credit was to be given to Surplus
Mars' testimony, and to invalidate it, produced other deposi-
tions of the same man, which militated with the testimony
given in this deposition, and no plan of any such survey was
produced. It further appeared in evidence, f that some per-
sons, who were settlers on the lands, were induced, at various
periods, either by threats of suits or other means, to take deeds
under the Tappan right — But it did not appear, that the claim-
ants, or any persons for them, have been in actual possession
of any parts of this claim, from about the year 1730, to the
present period. And the claimants under the Brown right, to
invalidate the Tappan right, produced a copy,| from the re-
cords of the late Superior Court of Judicature, by which it ap-
peared, that on a trial of an action of ejectment, in the Superi-
or Court, held at York, June 1742, in which Christopher Tap-
pan was demandant, and William Vaughan and others, de-
fendants, William Vaughan took upon himself the sole defence
of the action, for himself and co-defendants, and recovered
judgment against said Tappan for costs of suit ; in which ac-
tion the claimants under the Brown right contend, that the
merits of the two claims were tried, but of this we had no ev-
idence.

The non-resident claimants under the Brozun right so
called, exhibited as the origin of their title, an Indian deed,^
from Captain John Somerset and Unongoit, therein styled In-
dian Sagamores, dated the 15th day of July, 1625, to John
Brown, of New-Harbor, of a tract of land thus described, " Be-
ginning at P e nmquid falls and so rimning a direct coiirsa to the
head of New- Harbor ^ jrom thence to the south end ofAIuscongus
Island^ taking in the Island, and so running twenty-five miles
into the country north and by east, and thence eight miles north-
xvest and by west, and then tiwning and running south and by
west, to Pemaquid, where first begun.'*'' This deed, it appears
on the back of it, was acknowledged by Somerset and Unon-
goit, on the 24th of July, 1626, before' Abraham Short, au;l

* Deposition of Surplus Mars, x.

f Jolin Farley's tesliinoin', (joinmissioners' Records, page IT-

+ Copy of Juflg-ment, Vaugiian v. Tappan, A. i.

§.Deed Somerset wid al ty Brown, li— Deed John Brown, son to Jolin Brown a(i.

228 RESOLVES, June 20, 1811.

has this farther indorsement: — " Charlestown^ December 26tii.,
1720 — Beceived, and at the request and instance of James Stel-
ton and his sister Margaret Hdton, formerly Stelton^ they being
the claimers and heirs of said lands, accordingly entered by Sam-
uel Ph/pps, one of the clerks oj the committee of eastern lands.''''
And an attested copy of it was recorded in York county Reg-
istry, Augnst 3, 1739, and in anthenticit}- of this deed, the
claimants offered the deposition of Simon Frost, formerly de-
puty secretary of the Province, under Josiah Willard Esq. in
which he testifies,* that when he was in the aforesaid office, he
drew from one of the books in the office, called the Book of
Records of Eastern claims of lands lying in the eastern parts of
said Province, the aforementioned deed, which was there fairly
recorded, and of which the deed aforesaid is a true copy, and
the deponent further tcstiiied, that when the Court-House in
Boston was burnt, about the year 1748, he has reason to believe
he said Book of Records was consumed by fire ; but the
claimants under the Drownc right, produced the deposition! of
John Brown, the son of the grantee, not signed, and of Benja-
min Prescott,:j: in confirmation thereof, to invalidate the claim of
his father to any other lands, than what he actually improved,
and to invalidate the recording of that claim, by Hilton or
Stilton.

The present claimants derive their title down through John
Brown, the original grantee, from Somerset and Unongoit.
It appeared that John Brown, the father, at the time of the ex-
ecution of the Indian deeds, lived at New-Harbor, § within the
limits of the boundaries described in those deeds, and remain-
ed there until his death, and that, on the 8ih day of August,
1660, he conveyed, by deed|| of that date, to Sawder or Alex-
ander Gould, and Margaret his wife, about one third of the
original grant from the Indians, to said Brown, and which, by
the description in the deed, lays about midway of the twent}"-
five mile tract, and is said to be eight miles square ; and the
title to this eight miles square, through the said Alexander and
Margaret Gould, and the residue of the claim, through the son
and grandson of the said John Brown, the original grantee, is
Said to be traced down to the present claimants.

It appears, that about the year 1720, William Stilton, hus-
band ol Margaret Gould, wlio was daughter of the aforesaid

• Drposilion of Jolin Pearce, 21i. '

"T .'riie deposition otMohn I'rown, the S'mi, ddd.

± The <leiK)silion of Beiijumin Prescot, l'\ 1.

§ John Pii.::'ce's deposition, aa — Cyriaji SouUiwick, ab~itULli Baniahy, a.

t) Deed Hruwn to Gonld and wife, Ini.

RESOLVES, June 20, 1811. 220

Sander and Margaret Gould, the grantees of John Brown, lived
on the granted premises* a number of years, till killed by the
Indians, and that John, the son of John Brown, the original
grantee, then lived at New-Habor, and that in 1724, a survey
was made of the lands granted to said John Brown the elder,
according to the limits and boundaries of the Indian deeds, f
and that in 1763, an actual survey was made, of the eight mile
square, which was granted by John Brown the elder, to Sander
Gould and wife, by order of James Noble, J and the other heirs,
claiming the eight miles square, and that William Hilton, one
of the heirs, lived upon it a number of years, § and that in 1750,
or thereabouts, James Noble, || claiming under the Broivn right,
leased part of the premises and improved other parts, and that
from 1752 to 1765,^ Noble and Vaughan, another claimant
under the Brown right, and those under them, had improved all
the lands, lying on both sides of the river Daraariscotta and the
Fresh Pond, to the head thereof, and on the west side of said
pond, half way to Sheepscut river, and on the easterly side of
said pond, as far as Pemaquid Fresh Pond ; and no evidence
was given to the commissioners, that any person interested in
the claim, has been in actual possession, from the year 1765,
to the present time, except that, sundry of the settlers had been
induced to take deeds under this claim.

Thus it appears, that the instruments before described, which
purport to be deeds from Indian Sagamores, or the individuals
of some tribe, form the whole foundation of both the Brown
and Tappan claims.

Without arresting the attention of your Honours, by adver-
ting to questions of minor consideration respecting these in-
struments, and whether the two first instruments, to Weaker
Phillips, being only conditions of personal obligations to him,
that he, his heirs and assigns, shall peaceai)ly enjoy and pos-
sess the described premises, be of equal validity to convey the
fee as an actual grant, bargain and sale of the same would be,
or whether there being no consideration expressed in any of
the deeds to W. Phillips, and only fifty skins, in that to John
Brown, be sufficient to avoid them as fraudulent ; or whether,

■ John Pearce's deposition, n.

■j" Jonas Jones' deposition, t : and David Terry's deposition, u u u.

+ Joseph Jones' deposition, u.

§ Thomas Bodkin's deposition, z.

II Deposition of Caleb Maddox, v — ditto of Ellsha Clark, \v — ditto of James For-
rester, a m — ditto of Arnold \Veathren, a o

^Deposition of AViiliam Blackstone, x — ditto of Lj-dia Slanwood, y— ditto of Rob-
ert Hodge, a 1— ditto of Ichabod Linscot, a n~ditto of Sariiilel Kennedy, v v v — ditto
of John Hitchcock, ;c x x.

230 RESOLVES, June 20, 1811.

Walter Phillips, in his first deed to Christopher Tappan, has
not conveyed the whole, when only a moiety was conveyed to
him, by the Indians ? The commissioners think it of more
importance to call the attention of your Honours to the consid-
eration of the general question, what validity ought to attach
to any deeds, from the native Indians, to individuals, of large
tracts of territory, which have not been formally ratified and
confirmed by some act of the Legislature ? We arc unable to
say what has been the opinion, of the Supreme Judicial Court,
on this question : but it appears, by several acts, made by the
colonies of New Plymouth and Massachusetts, to have been
the policy of our ancestors, from the earliest periods of our
history, to discourage all such unratified contracts and convey-
ances ; and as early as the year 1633, each of said colonies
passed an act forbidding all persons from purchasing lands of
the Indians, without the licence and approbation of their res-
pective General Courts ; and early after the charter of William
and Mary, in 1692, when the whole territory of Acada, from
Sagadahoc to the St. Croix, was annexed to the province of
Massachusetts Bay, to wit, in 1697, by an act entitled, " an
act of limitation for quieting possessions y"* v/hich was passed to
enable all persons, who had claims to lands, to pursue their rights
against persons in possession, until 1704, and to extend the lim-
itation, as to lands lying to the eastward of Piscataqua river, to
five years after the termination of the then war with the Indians,
it is provided " That no person or persons, pretending right or
title to any lands^ fy^ng xviihin this province, purchased of any
Indian or Indians, without orderly allowance and confirmation
thereof had, according to former laws and usage, of the several
colonies of Massachusetts and JVew Plymouth, and Province of
Maine, respectively, shall have or receive any benefit by this act,
with reference to such lands,'''' Whether this provision in the
act was intended to extinguish or bar the rights of all claimants
under unratified Indian deeds, not in possession, vrithin the
whole extent of the then Province, or was confined to such
only, as lay within the old colonies of New Plymouth and
Massachusetts, and Province of ?vlaine, as far as Sagadahoc,
belongs to the Judiciary to determine ; but by these statute
provisions, it must be evident, that in the estimation of our an-
cestors, but I'ttie validity ought to be given to Indian deeds,
unaccompanied by some previous allowance, or subsequent ratifi-
cation of the Legislature: and it is believed, that no further
authenticity is, at this day, allowed to attach to such of them,
as are not thus confirmed, than to admit them as evidence of

RESOLVES, JuneiO, 1811. 231

a relinquishment, on the part of the native, of his right of hunt*
ing and fishing within the limits described, and of a right of
peaceable entry to the grantee ; but that the extent of his right,
in the fee of the soil, must depend on the extent of his actual
possessions and improvements, without reference to any boun-
daries expressed in his deed.

But the claimants under these deeds produced a Resolve of
the Legislature of the late Province of Massachusetts Bay,
passed March 7th, 1700, appointing "a committee to receive
and examine the claims of all proprietors of lands^ and of such
as shall challenge propriety in any of the lands lying within ths
province to the eastward of the tow?i of f Fells ^ laid waste by the
late war ; the said committee to cause publication to be made of the
time and the places when and where they shall appoint to sit ^ for
that end, and to make report of their doings unto the next General
Assembly y — And they contend, that having caused their Indian
deeds to be recorded, in a book kept for that purpose in the
Secretary's office, a number of years after the passing of this
Resolve, is tantamount to a legislative allowance and confirma-
tion of such deeds. No evidence was offered to the commis-
sioners, that the committee appointed by that resolve, ever
gave any other sanction or validity to the claims, than to suffer
them to be received and recorded, at the request of the par-
ties— and it did not appear that the committee made any report
thereof to the Legislature, or that any subsequent doings of
the Legislature was ever had upon them.

Whether the construction given to this resolve by the
claimants be correct or not, is not within the authority of the
commissioners to decide ? But they take leave to observe, that
afterwards in the year 1715, the Legislature passed an Act,
entitled, '■'■An Act in addition to the Act of limitation for quiet-
ing of possessions^'''' respecting lands lying to the eastward of
Piscataqua river, by which it is provided, " that there shall
be a further time of five years, from the last of this instant
July 1715, allowed all persons to pursue their right and claim
to any houses and lands, in those parts and places, and every of
them, and no longer. — And all actions and processes, to be
thereafter brought for the same, are hereby excluded and for-
ever debarred. Provided always, that there shall be a saving
of all public lands, belonging to this Province, not orderly dis-
posed of'' No distinction appears to be made by this statute
between any claims, wb.ether derived from Indian deedsj
British patents, or mere naked possessiQU's,

232 RESOLVES, June 20, 1811.

If the true construction of this statute be, that the rights of
all claimants then out of possession, who should not, before
the last of July 1720, enter into possession or bring their ac-
tion against those who should be then in actual possession,
should be barred in favour of those in possession ; and that
to all lands where no individual was in possession, tlie rights
of the claimants not pursued by actual entry or public claim,
made and acknowledged by the Legislature, within the time
limited by the Act, were to be cxtijiguished in favour of the
province, then it will appear that the rights under the three
claims of Broxvne, Drcxvne and Tappan. were, on the last day
of Ji'.ly 1720, entirely extinguished, as the claimants under all
of them were then, and for a long time before had been, out
of possession, and none of them brought suits or made entry,
or even recorded their claims in the Secretary's office, until
after the times limited by that statute had expired. The
Brown claim, which was the first, not having been entered in
the Secretary's office until the 26th of December 1720, and
the Indian deeds, on which the Tappan claim is grovnided, not
having been entered until January 1730 — And the Pemaquid
patent, on which the Browne claim is founded, not having been
entered in the Secretary's office at all, and not recorded in the
York county registry until April 1737.

It appeared in the course of the investigation, that there were
several other deeds and conveyances of land, lying within the
towns mentioned in the memorials, or some of them, made by
pretended Sctgamores, one from which the Hathorne claim (so
called) is derived, to a part of the town of Boothbciy ; but as
these claims were not represented before the commissioners,
and, as was said, are at present obsolete and extinct, they did
not go into a particular investigation of them.

It further appeared, that the lands in question were all includ-
ed within the grant of the crown of England to the duke of
York, in the year 1664 — And that his Lieut. Governor, Col.
Dungan, exercised acts of government over the territory ; but
as there were no claimants under this grant before the commis-
sioners, and it was represented that no claims under it now
exist, except the rights of the settlers who hold their posses-
sions under it, they gave it no further consideration.

By reference to the boundaries of the three represented
claims, and to the plan exhibited among the documents, it will
appear, that the Brown claim covers most of the town of Bristol,
all the towns of Nobleborough and Jefferson, and part of the
town of Newcastle ; and that the Drowne claim covers all

RESOLVES, June 20, 1811. 233

the town of Bristol, and part of the towns of Newcastle and No-
bleborough, and that the Tappan claim covers a great por-
tion of the same lands with the Brown claim, and that the two
Drowne and Tappan claims partially interfere with each other
— And that the Brown and Tappan claims also cover all the
lands granted by the Legislature to the Lincoln Academy.
But that no part of the lands within the towns of Edgecomb
and Boothbay foil within the lines of either of the three claims.
The alarm therefore of the inhabitants of these towns, the com-
missioners suppose, was excited by an apprehension that the
obsolete claims of those who might pretend to hold under the
grant to the duke of York, or under the obsolete Indian deeds,
called the Hathorne claim, &c. might be revived against them.

With respect to the inhabitants of the other towns, the agents
for the memorialists, as will be seen by recurrence to the fc-
cords of the commission, introduced a number of aeed witnes-
ses, and documents, in support of the allegations contained in
their several memorials. From which it appeared, that the
towns mentioned in the memorials are now very generally set-
tled ; that nearly all the lots are occupied, and have been, by the
present settlers or their ancestors, or grantors, for a great num-
ber of years — That during the former wars with the savages, the
inhabitants displayed the utmost courage and fortitude in de-
luding their exposed frontier, and endured sufferings and hard-
ships of the severest nature. That during the struggle for our
national independence, their exertions were arduous and unre-
mitting ; that they paid their contributions of taxes with alacrity,
and embarked in the common cause with vigour and decision.
As an instance of this, we beg leave to state, that it appeared in
evidence, that one quarter part of the able bodied male inhabi-
tants of the town of Bristol fell during the revolutionary con-
flict, in defence of their country, either by land or by sea. Du-
ring these periods of difficulty and danger, no claims from pro-
prietors molested them. In the language of the memorial,
*' the inhabitants alone bore the burthen and heat of the day,'*
and they undoubtedly supposed, as a witness remarked, that
they were defending the soil to enjoy it themselves, and trans-
mit it, as their property,, to their descendants.

It appeared in evidence, that in 1729, one Col. Dunbar was
sent over, under the real or supposed authority of the king of
Great-Britain, for the purpose of settling this part of the coun-
try ; under an idea, that by the conquest of the country from
the French, the right of soil was vested in the crown, to the

234 RESOLVES, Jime 20, 1811.

exclusion of the owners, prior to the conquest thereof by the
French. Accordingly, about the year 1730, he surveyed and
laid out thrt-e tracts of land, to which he affixed the nuncs of
W'alpoie, Harrington and Townscnd — the former situated
partly in the present town of Ncbleborough and partly in Bris-
tol, the second in Bristol, and the third in Boothbay. He laid
ouL the plan of a city at Pcmaquid point, near the ocean ; sur-
veyed the residue of his towns, and granted them to settlers.
O'.e witness testifies, and it is corroborated by a view of the
country, that 150 families were settled in these towns at this
early period ; many of them living on their lands in time of
peace, and repairing to the fort for protection in periods of dif-
ficulty with the French or savages. It appears in evidence,
that afterwards S. Waldo, ShcTii Drowne and Sir Biby Lake,
petitioned the King and Council for the removal of Governor
Dunbnr ; which ptticioii, together with the question to whom
the right of soil belonged, after the reconquest of the country
from the French, were referred to the attorney and solicitor
general, who decided, that as the country was not ceded, by
treaty, by the French to the English, but was obtained by re-
conquest, the right of soil returned to the former proprietors,
by the rights of postliminy, and governor Dunbar was accord-
ingly removed, and no provision was made to quiet the settlers
who came on under him.

One grant, made by Dunbar, it appears, was to Denny and
M'Cobb, of Townsend, now Boothbay, and almost all the in-
habitants of that town, it was testified, are descendants of the
settlers under that grant.

It further appears in testimony, that brigadier general Waldo
claimed originally on both sides of the Muscongus — His son
went to Germany, and issued a proclamation for the purpose of
inducing settlers to come to this country, and locate themselves
on his lands : a number came, and were settled by him, on the
western side of Muscongus rive?", within the territory, which
he then claimed, now in the town of Bristol. The claim of
Waldo was afterwards adjusted with the Commonwealth, and
his heirs released all the lands, to the west of Muscongus river ;
of course, the release included a number of the settlements,
which the emigrants from Germany had made. By this ar-
rangement, they were placed within the present conflicting
claims ; and the heirs of Waldo, though bound upon every
principle of justice and good faith, have never made them any
indemnity whatever.

RESOLVES, June 20, 1811. ^235

It further appears in evidence, that the claimants under the
Browne ^ Tappan and Droume rights, as well as the Plymouth
company, have all made conveyances of lots of land, situate in
the towns mentioned in the memorial ; that they have exercised
acts of ownership over them, and have had regular plans and
surveys thereof made ; that each class of claimants has repre-
sented to the settlers, that unless they purchased under their
respective claims they should be sued : and it now appears,
from the testimony and the certificate of the clerk of the court,
in and for the county of Lincoln, that suits under the Brown
claim, in the name of Noble, and also under the Tappan claim,
in the name of B. Pickman and als. are pending against seve-
ral persons for the same tract of land.

It was suggested, that it had been ruled by the Supreme Ju-
dicial Court, that no settler had a right to set up the title of an
other in his defence, unless he claimed under such title ; but
this we apprehend to have been a mistake, so far as respects;
actions founded on the writ of right ; for we believe, that who-
ever would entitle himself to recover under this form of action,
must shew a title paramount to all others. And as there is no
mode under the existing laws to compel the proprietors to set-
tle between themselves, as it respects their several titles, the
settlers are unable to ascertain the paramount title of the con-
flicting claimants.

It liirther appeared in evidence, corroborated also by the
general appearance of the countr}?^, that the settlements, on and
about Damariscotty river, were at least a century old. The
inhabitants seem to be quiet, enterprising, and industrious ;
attached to the institutions under which they live, and totally
free from any disorganizing or disloyal spirit. The ask for
reasonable protection, under the laws of their country, and not
an abolition of them. As a mark of their attention to social
order and the means of information, we beg leave to state, that
meeting houses are erected in every town mentioned in the
memorial; that clergymen are regularly settled in most of them,
and have been for a long time past ; and that in the town of
Bristol alone there are twenty-one school houses, and that
town raises annually for the support of free schools, the sum of
two thousand dollars.

It further appeared in evidence, that none of the early inhab-
itants entered upon these lands, with an intention of disseizing
or trespassing on any proprietor; but that, nearly to a man,
they hold their estates under deeds of settlement, from some

23$ RESOLVES, June 20, 1811.

one or more of the claimants, or from prior settlers. No im-
proper motives, on their parts, appear to have actuated them,
but the variety of interfering grants derived from different
sources, added to the lax and vague principles upon which all
new countries are settled, have been the real causes of the ex-
isting difficulties, and have placed the people of these towns in
a state of real insecurity, and have excited in them just causes
of alarm.

The Commissioners therefore, after fully hearing the
complaints of the memorialists are of opinion, that, as well
from their loyalty, merits and services, as from the peculiar
circumstances of their situation, they are justly enti led to the
particular interposition, of the fostering aid of the Legislature,
so far as that aid can be extended to them, consistent with the
rights of other individuals. They are sensible, that amoi\g the
rights of the respective claimynts, is unquestionably that of
having the justice and legality of their several claims separately
decided by trial at law. But it will be readily seen, that the
exercise of these rights must, as it already has done, operate
very oppressively on these people ; and indeed the claimants
themselves, who, it is believed, never before had an opportu-
nity of seeing and examining the extent and evidence of the
claims of each other, seem to be sensible of this truth, and it is
pleasing to remark, manifested a disposition to bring the existing
difficulties to a final close. Under this impression, the com-
missioners did not hesitate to suggest their wishes to this effect,
which resulted in the proposition to the Legislature, accom-
panying this Report, under the hands and seals of the different
claimants. By this instrument the claimants propose, to re-
lease and surrender, all their title under their respective claims,
to the Commonwealth, and to submit to a new board of Com-
missioners, whether they, or either of them, are now entitled
to all, or any part of the lands, described within their respective
claims, and what part ; consenting that the rights of the settlers
and those of the Commonwealth, shall be opposed to them in
the hearing; and if they or either of them, shall be found enti-
tled to any part of such lands, the same to be estimated as in
a state of nature, without reference to any improvement, and
to receive compensation Ibr the same, in the unlocated lands,
in the District of Maine, belonging to the Commonwealth ;
which will leave the Commonwealth the sole proprietors of any
interest, which may be found to belong to ail, or an}-, of the
present claimants; and to this proposition, the agents for the

RESOLVES, June 20, 1811. 237

inemorialists, readily gave their concurrence, under a convic-
tion, that nothing will be required of them by the Common-
wealth, but what reason and justice will demand.

It may be worthy the consideration of the Legislature, that
the lands granted by them to the Lincoln Academy, are entirely
covered by two of these conflicting claims, and that although
by the terms of that grant, the Commonwealth are not made
responsible for any other claims, yet it may be considered as
best comporting with the honour and liberality of the govern-
ment to embrace any opportunity that may offer, to remove
any obstacles that may prevent the quiet enjoyment of their
grants, especially when made for the promotion of public edu-
cation. The Trustees of this Academy think the proposed
arrangement will much enhance the value of the government's
liberality.

The Commissioners, therefore, cannot but earnestly recom-
mend to the Legislature, to meet this proposition of the claim-
ants, to extinguish their conflicting claims, as a measure dic-
tated by that wise policy, which, in the government of a free
country, always seeks the preservation of its honour and dignity;
and will at all times make the tranquillity and happiness of all
its citizens the primary objects of its pursuit. They believe
also, that it would be good policy, in a local as well as national
view, to encourage, by all just means, the speedy settlement of
the District of Maine, so important a frontier of the Union,
and they are persuaded, that the present length of limitation in
bar of the Avrit of right, operates powerfully to the discourage^
ment of this object. The neighbouring British colonies of
New-Brunswick and Nova-Scotia, as well as some of the large
States in the Union, to encourage their increase of population,
have barred the writ of right after twenty-one years — and the
Commissioners recommend that period for its limitation in this
Commonwealth ; or, if it should be objected to as unnecessary
in Massachusetts proper, where the titles to lands are more
firmly settled, they see no objection to the government's legis-
lating for the District of Maine, separately, in this respect, as
numerous precedents, to that effect, are to be found in our
statutes, under the late Province.

The Commissioners have been thus particular in detailing
the tides of the claimants, and the merits and complaints of
the Memorialists, that the Legislature may at one view discern
the nature and causes of the existing difficulties, and be able
to judge of the propriety of applying the remedies recom-

23S RESOLVES, June 20, 1811.

mended, or such odiers as their wisdom and discretion may
dictate. All which they have the honour, respectfully, to sub-
mit for that purpose.

And are your Honours' most obedient and devoted servants^

PEREZ MORTON, 1

JONA. SMITH, JuN. C Commissioners.

THOMAS B. ADAMS, )

Portland, May 20, 1811.

The following is the agreement referred to in his Excellency's

Message.

It is hereby mutually agreed between the subscribers, non
resident claimants to lands lying within the towns of Bristol,
Nobleborough, New Castle, Edgecomb, and Boolhbay, or
some of them, to submit the merits of our respective claims to
three commissioners to be appointed by the Legislature of this
Commonwealth, or his Excellency the Governor, under their
authority, with the consent of us the subscribers, which Com-
missioners shall have full power and authority to determine
both in law and equity, whether we or either of us under our
respective claims are entitled to any part of the lands lying
within the boundaries of our respective claims, and what part
We may be so entitled to, in opposition to the claims and rights
of the possessors and occupants of said lands, and in opposition
to the rights and claims of the Commonwealth, and we further
mutually agree to release and grant to the Commonwealth all
our rights and claims to the lands we shall be found to be enti-
tided to respectively by the determination of said Commis-
sioners, on Condition that the Commonwealth shiU grant and
convey to us respectively an equivalent in their unlocated lands
in the District of Maine, the lands to which we may be so
found to be (Entitled, to be estimated as in a state of nature,
imconnccted with any improvement made by the settlem.ent of
said towns. The amount of the equivalent to be determined
by said Commissioners.

It is understood by the parties that if this business should
be dclaved bevond the next session of the General Court, that
the proprietors are at liberty to proceed in brmgmg their
actions so as to avoid the statute of limitation, and should there
be an eventual lailure in brino-inc: this business to an amicable
adjustment upon principles hereby contemplated or to be
agreed upon by the parties, and if the said proprietors by such

GEO. E. VAUGHAN, as Mtor-
Witness, Step'n M'Lei^lan. ney to Sara Einge.

RESOLVES, June 20, 1811. 239

delay should be likely to be injured by the operation of the
statute of limitation, that provision should be made by law to
prevent such operation.

In witness, we have hereunto mutually and respectively set
our hands and seals for ourselves and the respective claims we
represent, this tenth day of May, in the year of our Lord one
thousand eight hundred and eleven.

THOMAS FOLLENSBE, for the Tappan
Sig'ned, sealed, and delivered ^ right or claim, so called, by (Seal)

to the Comnussioners in f SILAS liEE, his ^Ittornei/.
presence of C

John Merrili, jun. 3 JXM^S FhXGG, jv^. for the Drowne, cf fo \\

Pemaquid Proprietors, so calk dm •'

JAMES NOBLE, ivho claims the ivhole of

the eight mile square tinder the (Seal)
Broivn title, and tivo fifths of the
residue of the £rown right.

W. S. VAUGHAN, Attorney for->^ (Seal) For the
Witness, John Dix. Wm. Vaughan. Broton claim,theii^

pr»portions there-
in, a* it respects
James J^'oble, and
ythemselves, and
DANIEL W. LINCOLN, M- I each other, to be
torneyto the heirs ©/"Sam'l | ascertained by thi
Waldo, iiho claim one tin- j Commissioners
Enoch Lincoln, witness tiO devised moiety of the eight | which may be s«

execution by D. W. LlNCt)LN. miles square. J appointed.

June20y 1811.

The Committee to whom was referred the message of his
Excellency the Governor, together with the report of the Com-
missioners, and the documents accompanying the same, rela-
tive to certain disturbances in the county of Lincoln, and the
memorials from sundry towns in said county, beg leave to
report.

That said Commissioners in their report have stated that the
persons claiming to be proprietors have made a proposition to
the Government under the hands and seals of said claimants, or
their agents, which proposition is contained in the instrument
hereunto annexed, and the said Commissioners have recom-
mended to the Legislature in their said report to " meet the pro-
position of the claimants and toextinguish their conflicting claims
as a measure dictated by that wise policy, which, in the govern-
ment of a free country, always seeks as the preservation of its
honour and dignity, and will at all times make the tranquillity
and happiness of all its citizens the primary object of its pur-
suit ;" and your committee are of opinion that it is expedient to

24.0 RESOLVES, June 20, 1811.

accept of said proposition, and they accordingly report the
following resolve for carrying the same into effect.
Which is respectfully submitted, bv

WILLIAM KING, per order.

Commonwealth of Massachusetts.
Whereas certain i)ersons claiming lands in the towns of Bris-
tol, Edgecomb, New Castle, Nobleborough, Waldoborough,
Jefi'erson, andBoothbay, have offered to submit their respective
claims to three Commissioners,to be Lippointcd by the Legislature
of this Commonwealth, or his Excellency the Governor, under
their authority, with the consent of the said claimants, which
Commissioners shall have full power and authority to deter-
mine both in law and equity whether said claimants, or either
of them, under their respective claims, are entitled to any part
of the lands 1} ing within the boundaries of their respective
claims, and what part they may be so entitled to, in opposition to
to the claims and rights of the possessors and occupants of
said lands, and in opposition to the rights and claims of the
Commonwealth, And whereas said claimants have further
stipulated and agreed to release and grant to the Commonwealth
all their rights and claims to the lands they should be found
entitled to respectively by the determination of said Commis-
sioners, on condition that the Commonwealth shall grant and
convey to said claimants respectively an equivalent in their
unlocated lands in the District of Maine, for the lands to which
they may be so found to be entitled, to be estimat(^d as in a
state of nature unconnected with any improvement made by
the settlement of said towns, and the amount of such equiva-
lent to be determined by said Commissione'rs.

Be it therefore resolved^ That the Attorney General be, and
he hereby is authorised on the part of this Commonwealth to'
submit with the persons claiming to be proprietors of all or
any part of the aforesaid towns, their rights to three Commis-
sioners to be appointed in the manner hereafter provided, the
report of v/liom, or the major part of them, made to the Legis-
lature as soon as may be, shall be binding on all the parties
thereto, and the said submission shall be upon the principles
and conditions in the preamble of this resolve before mentioned.
Be it further resolved^ That his Excellency the Governor,
by and with the advice and consent of Council, and with the
assent of said claimants, be, and hereby is authorised to appoint
three Commissioners for the purposes in said preamble men-
tioncd.

RESOLVES, June 21, 1811. *^ 241

Be it further resolved. That the said Commissioners shall
notify the Attorney General, and the possessors or occupants
pf said iands, the persons claiming to be proprietors thereof, of
their time and place of meeting-, and they shall have power to
appoint a Clerk, and to send for persons and papers, and to
issue proper process for this purpose, and shall make a return
of their doing's to his Excellency the Governor as soon as may
be, after their said business is performed.

Be it Jurther resolved. That it shall he the duty of the
Attorney General to attend the meetings of said . Commis-
sioners, in behalf of the claims of the Commonwealth.

XXXV.

Resolve aufhorising the inhabitants of Saco to convey one

quarter of an acre of laud to Saco Academy,

June 21, 1811.

On the petition of Jonathan Tucker and Joseph Leland,
agents for the Trustees of Saco Academy, praying that the
town of Saco may be authorised to convey to them, for the use
©f said Academy, one quarter of an acre of land.

Resolved, ior reasons set forth in said petition. That the inhab-
itants oi said town of Saco be, and they are hereby authorised
to convey to the Trustees of Saco Academy, for the use of
said Academy, one quarter of an acre of land, situate in said
Saco, and being part of a piece of land granted to said town
by a resolve of the General Court, passed February the ninth,
in the year of our Lord one thousand seven hundred and nine-
t\ -eight, for the purposes of a burial and training field, &c. any
provisions in said resolve notwithstanding.

XXXVL

Resolve directing the Treasurer to discharge Limerick, and
charge Cornish with Representatives'' pay. June 21, 1811.

On the petition of John Woodman, in behalf of the town of
Limerick in the county of York, setting forth, that by some
mistake tlie said town of Limerick stands charged in the last
tax act, with the sum of fifty-eight dollars for the pay of Repre-
sentative for the two sessions of the General Court previous
to January last past, although no Representative has ever attend-

242 RESOLVES, June 21, 1811.

ed from that town, but that the same sum on the pay rolls stands
charged to the town of Cornish in the same county.

Resolved, for reasons set forth in said petition, That the Trea-
surer ijc directed to discharge the said town of Limerick from
the said sum of fifty-eight dollars, and charge the same to the
said town of Corni'^h, and issue his warrant accordingly.

XXXVIL

Mesolve on the petition of Cyrus Hamlin and others^ sureties for
the late Sheriff of Oxford. June 21, 1811.

Resolved^ That the Treasurer of this Commonwealth be
directed lo stay execution for one j^ear from the date of this
resolve agrjnst Cyrus Hamlin, Isaac Lovell and Joseph Leavitt,
as sureties for David Learned, late Sheriff of the county of
Oxford, for the three hundred and twenty-four dollars, and
interest.

xxxvni.

Resolve authorising William Farris to convey certain real estate
toEleazer Johnson. June21, 1811.

On the petition of William Farris, of Newburyport, in the
county of Essex, merchant, setting forth, that he with the late
Reverend Dr. Samuel Parker, of Boston, in the county of Suf-
folk, deceased, was authorised by a resolve of the General Court,
passed on the first day of March, A. D. 1803, to sell and con-
vey certain real estate belonging to the children of John Tracey,
of said Newburyport, Esquire, and for reasons set forth in said
petition, praying that he may have liberty to sell and convey,
for the benefit of Elizabeth Farris Tracy, and Catharine Deblois
Tracy, the two remaining minor cliildren of said John Tracy,
to Eleazer Johnson, of said Newburyport, merchant, their two
sixth parts of the estate in said Newburyport, whicii was con-
veyed by John Lowell, Es(|. to Patrick Tracy, Esq. by deed
dated October 21, A.D. 1778, in like manner as the said
William Farris and Samuel Parker might have done in the
life time of the said Samuel Parker,

Resolved^ That the said William Farris be, and he hereby is
authorized to sell, and by deed duly acknowledged and record-
ed to convey to the said Eleazer Johnson, the said two sixth
parts of said real estate belonging to the said two minor chii-
dren of the said John Tracy, at and after the same rate and

RESOLVES, June 21, 1811. 243

price for which the other four children of the said John Tracy-
have sold and coveyed to the said Elcazcr Johnson, their four
sixth parts of said estate, the said William Farris to conduct
the said sale, and dispose of the proceeds thereof in the like
manner, and on the like terms and conditions, in all respects,
as he and the said Samuel Parker might and ought to have
done, by virtue of the eaid former resolve, if the said Parker
were now living.

XXXIX.

Resolve on the petition of Stephen Thayer, guardian to certain
mitiors. June 21, 1811.

Resolved, for the reasons set forth in said petition, That the
said Stephen Thayer, in his capacity of Guardian to Hannah
Jackson Thayer, and Rebecca Miller Thayer, children of the
late Atherton Thayer, £Lsq. and Joseph Henry Jackson Thayer,
and Sarah Atherton Thayer, children of said Stephen, be, and
he hereby is authorised and empowered to make, execute,
acknowledge, and deliver in due form of law, any deed or deeds
of release, or quitclaim of all the right and title, interest, and
estate, which said minors have in, any and all lands and tene-
ments whereof said Henry Jackson, deceased, died seized and
possessed or entitled to.

XL.

Resolve alloivijig the proprietors of Saco free bridges, to com-
plete a bridge. June 21, 1811.

On the petition of Daniel Cleaves, Jeremiah Hill and Nathan-
iel Goodwin, agents of the proprietors of the Saco free bridges,
praying for a longer time to enable them to build a bridge
over the eastern branch of said river, from Indian Island to the
shore in Saco, they having already built a good and substantial
bridge over the western branch thereof.

Resolved, for reasons set forth in said petition. That there be
and hereby is allowed the said proprietors a further term of one
year, from and after the first day of January next, to complete
said bridge, any thing in the resolve passed the second day of
March, in the year of our Lord one thousaiid eight hundred
and ten, to the contrary notwithstanding,

244 RESOLVES, June 2Q, 1811.

XLI.

Resolve making an addition to the pay of the Messenger of the
General Court. June 21, 1811.

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 March 26, 1793, establishing the pay of the
Messenger of the General Court.

XLII.

Report on the petition of James Hear sey and others. Committee of
Proprietor's of land in Cumberland. June 21, 1811.

The Committee to whom was referred the petition of James
Hearsey, Aaron Dwinnel, and Samuel Pool, Committee for
proprietors of land in the county of Cumberland, ask leave t«
report :

That the said proprietors claim under John Bridgham and
others, who purchased a tract of land, in said county of Cum-
berland, of the Commonwealth on the day of
A. D. that the same land is within limits claimed

by the Commonwealth, and also by the Pejepscot proprietors.
That in pursuance of a resolve of the Legislature, an inquest
of office has been commenced against said Pejepscot proprie-
tors, to recover seizen and possession of >that part of the tract,
which belongs to tlie Commonwealth. That said inquest was
instituted September and October terms, 1808, in the coun-
ties of Lincoln, Kennebeck, and Cumberland, and an issue of
law for the opinion of the whole court was made in one of the
said actions, for the purpose of trying tlie whole, as they all
depended on the same principles. That said actions have been,
for reasons wholly unknown to your committee, continued till
the present time without any decision, although moved on the
part of the Attorney General, for a decision in pursuance of an
order of the Legislature. That the answer which was given by
the court to the Attorney General, was, that they should decide
the issue of law at the last March term, in Boston. Your
committee further report, that certain actions were brought by
the Pejepscot proprietors against tenants in possession, who
held under the grant of the Government to Bridgham and

KESOLVES, June 19, 1811. 245

others — That Judge Sedgwick,at a term at Portland in 1809, on
motion of Defendants directed the causes to stand continued
in order that the title misrht be determined between the Govern-
ment and Pejepscot proprietors; but Judge Thatcher, on the
contrary, at the term of the S. J. Court holdcn at Portland, in
and for the county of Cumberland, though moved for a contin-
uance of the actions on the same grounds, refused to grant the
motion, and of course judgment was rendered for the proprie-
tors. Your committee must observe, that this decision
involves the Commonwealth, and the settlers, in needless ex-
pense and embarrassment, on the* one hand the Court procras-
tinate the decision of the cause between the Commonwealth
and the Pejepscot proprietors, on the other a member of the
same court decides at random the title and refuses a continu-
ance, in order that the rights of the Commonwealth may b6
determined.

This course of proceeding must be attended with no incon-
siderable injury to the State.

The Legislature are bound to indemnify their grantees, not
only for the value of their lands, but for their costs and trouble
in defending the suit, and what reason can be assigned for
driving to trial a cause between a proprietor and grantees under
the Commonwealth, and at the same time for delaying the actions
pending between the Commonwealth and the same proprietors.

The Committee are fully persuaded, that such a course of
conduct requires legislative interposition, they therefore
report the following resolve.

Which is respectfully submitted bv

' WILLIAM'KING, /^^roro'^r.

Besolved^ That the Attorney General be, and he is hereby
directed to lay before the Legislature, at then' next session, a
statement of the trials which have heretofore been had
between the Commonwealth and the Pejepscot proprietors, as
well before the Judicial Courts, as before referees, and like-
wise what measures have been adopted by the occupants in aid
of the views of the government, in order to perfect their title.

And be it further resolved. That it shall be the duty of the
said Attorney General to ascertain and state to the Legislature
the reasons, if any exist, why the actions commenced against
the Pejepscot projjrietors by the Commonwealth have not come
on trial, with such other information as may be interesting to
the Commonwealth and the occupants.

U6 RESOLVES, June 12, 1811. 4

XLIII. 1

The Secretary to deliver laws for the use of the officers of the \

State prison. June 21, 1811. \

Resolved, That the Secretary of this Commonwealth be 1

directed to deliver to Major Daniel Jackson, one set of the !

Statute laws of this Commnwealth, which now arc, or may |

hereafter be enacted ; for the use of the officers of the State I
Prison, to be deposited with the warden of the said Prison.

XLIV. i

Resolve authorising the Treasurer to borrow S60,00t). j

June 22, 1811. j

Whereas the Treasurer of this Commonwealth has represent- '
ed that the state of the Treasury may make it necessary for

him to borrow sixty thousand dollars. |

Be it therefore resolved, That the Treasurer of this Com- ;

mon wealth be, and he is hereby authorised and directed to i

borrow of the Boston and Union banks, any sum, not exceed- ,

ing sixty thousand dollars, that may at time within the present \
year be necessary for the payment of the ordinary demands
made on the treasury, and he repay any sum he may so borrow

as soon as money sufficient for that purpose, and not otherwise :

appropriated, shall be received into the treasury. i

XLV '

Resolve appointing Commissioners to settle ivith Thomas ]
Harris Esq. late Treasurer. June 22, 1811.

Resolved, That the Hon. John Welis, Hon. Niithaniel Morton '
jun. Benjamin Weld, Esq. Nathaniel Bowditch, Esq. and John \
Appleton, Esq. be Commissioners to examine, liquidate, j
adjust and settle the accounts of Thomas Harris, Esq. late i
Treasurer and Receiver General of this Commonwealth, from \
the time of his entering on the duties of his office, to the ;
thirtieth day of June instant, inclusively, and the said Commis-
sioners arc directed and empowered to deface all notes and j
duebills, orders or other obligations issued under the author-
ity of this Commonwealth by any officer thereof, which have
been redeemed by the Treiisurer, or his predecessors, and to
make a regular transfer of the books, papers, files, money, se cu- ;

RESOLVES, June 22, 1811. 247

rity, obligations, and all other property now in the Treasury, to
the present Treasurer, and report their proceedingsi at tiie next
session of the General Court.

XLVI.

Resolve granting John Perry additional pay. June 22, 18 11*

Resolved^ That there be allowed and paid out of the Treasury
of this Commonwealth unto John Perry, assistant to the Mes-
senger of the General Court, one dollar per day during the
present session of the Legislature, over and above the usual al-
lowance to him.

XL VII.

Resolve granting Warren Chase ^ additional pay.
June 22, 1811.

Resolved, That there h^ allowed and paid out of the Treasury
of this Commonwealth, unto Warren Chase, assistant to the
Messenger of the General Court, one dollar per day, during the
present session of the Legislature, over and above the usual al»
lowance to him.

XL VIII.

Resolve establishing the pay of the Clerks in the Secretary'' s
and Treasurer'' s office. June 22, 1811.

Resolved, That there be allowed and paid out of the Treasury
of this Commonwealth to the first Clerk in the Secretary's office,
four dollars and forty-seven cents per day, and to each of the
other Clerks in said office, three dollars and forty-nine cents?
for each day they are respectively employed therein, for one
year commencing the first day of the present month of June.

And It is further resolved. That there be allowed and paid
out of the Treasury aforesaid, to the first Clerk in the Treasu-
rer's office, four dollars and forty- seven cents, and to the other
Clerks in said office, three dollars and eighty-four centF, for
each day they are respectively employed therein for one year^
commencing the first day of the present month of June.

248 RESOLVES, June 24, 1811.

XLIX.

Resolve on the petition of Abraham Gould, authorising Henry
Blake to execute a deed. June 22, 1811.

Whereas Jonathan Bird, of South Boston, in the town of
Bosion and County of Suffolk, Esquire, now deceased, was
while Jiving duly appointed guardian of Pinson Blake, a minor
son of James Blake, deceased, and as guardian was duly autho-
rised to sell said minor's real estate in South Boston aforesaid, by
licence of the Supreme Judicial Court at Boston, March term
1806, and did in fact advertise and sell a part of said minor's
real estate aforesaid at public auction, on the twelfth day of May
1806, which was purchased by Abraham Gould, the petitioner,
who was the highest bidder therefor, which was struck off to him
at the sum of four hundred dollars which were paid to the
said Bird in his life time; and whereas a deed thereof was drawn
from said Bird, guardian as aforesaid, to said Gould, and exe-
cuted by said Bird, but which deed was either lost or never
delivered to said Gould, and no record thereof nor any evi-
dence of the existence thereof can be found, and said Bird
hath since died, and Mr. llenry Blake hath since said Bird's
death been appointed guardian to said Pinson Blake, and hath
certified his willingness that this resolve should be passed.

Therefore resolved^ That Henry Blake, guardian as aforesaid,
be authorised to make and execute a good and valid deed of said
real estate to said Gould, the same having been paid for and
is thus described. A piece of lasd on or near Nook hill, lying
in South Boston, bounded southwesterly on fifth street, there
measuring sixty-two feet ; northeasterly partly on a way, and
partly on land lately owned by Moses Everett, and since by
William Tudor, there measuring sixty-two feet ; northwest-
erly on land lately of Sarah Baker, now of Coverly, there mea-
suring one hundred and twenty-nine feet, and southeaster!}^
on land of Benjamin Blake, a minor, one hundred and twenty-
nine feet, the same being parcel of the lot No. 10 with the
privileges and appurtenances to the same belonging.

Resolve in favour of Stephen Hall Tower, granting him one

dollar per day as Page. June 24, 1811.
i

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

of this Commonwealth to the messenger of the General Court.

RESOLVES, June 24, 1811. 249

to be by him paid over to Stephen Hall Tower, one dollar per
day for each day he the said Tower has attended as Page the
present session of the General Court.

His Excellency the Governors Message to both Houses,

Gentlemen of tlie Senate, and

Gentlemen of the House of Representatives,

The Secretary will present to the Legislature a report
of the Superintendent of the State Prison and the proceedings
of the Executive thereon respecting the expenditure of the last,
and the expediency of another grant for supporting that impor-
tant institution.

Council Chamber, 24 June, 1811. E. GERRY.

Resolve allowing David Everett Esq. S133. June 24, 1811.

Resolved, That there be allowed and paid out of the Treasu-
ry of this Commonwealth to David Everett Esq. Reporter to
the House of Representatives in cases of contested elections,
for his services in that office, up to the 21st June 1811, the sum
of one hundred and thirty-three dollars, in full for his attend-
ance on the House of Representatives, and for said services
(except for that part of his. duty which consisted in collecting
from the Journals of the House, and the papers on file, such
decisions as have been heretofore made in cases of contested
elections) and his Excellency the Governor is hereby request-
ed to draw his warrant on the Treasurer for the sum afore-
said in favour of said Everett.

LH.

Resolve making an addition to the Committee to allot lands to
settlers iii Eastport. June 24, 1811.

On the petition of Lewis F. De Lesdernier.

Resolved, That William Allan, Samuel Beal, Oliver Shead,
and Jonathan D. Weston, be, and they are hereby added to the
Committee for allotting lands to settlers in the town of Eastport,
in the places of several of the members of the said Committee
who are deceased,appointed by aResolveof the ISthJune, 1791.

250 RESOLVES, June 24, 1811.

And a further time of twelve months from the date of this
Resolve be and is hereby allowed to the settlers in the said
town of Eastport, to make their payments to the Committee for
the sale of Eastern lands, and to receive their deeds thereof.

LIII.

Jtesolve on the petition of /osio/i JVillard^ directing the Treasur-
er to deliver up a bond upon his paying 8200. June 24, 1811.

Upon the petition of Josiah Willard, praying that a certain
bond givtn by hirn to the Commonwealth, now in the Treasury
offi.-e, may be cancelled, and delivered to him.

Resolved, for reasons in the same petition set forth, That the
Treasurer ot this Commonwealth be, and he hereby is directed
upon the payment of two hundred dollars by the said Josiah
Wiilard or his legal representatives, any time before the first
day ot October next, to deliver to him or them the aforesaid
bond to be cancelled.

LIV.

Resolve for paying the Commissioners to investigate the causes
of the difficulties in Lincoln County, June 24, 1811.

Whereas it appears by vouchers produced to the Committee,
that the expenses incurred by the Commissioners appointed
by the resolve of the 17th of February last, amounts to the sum
of three hundred sixteen dollars and eighty-nine cents.

Resolved, That his Excellency the Governor be requested to
draw his warrant on the Treasurer for the same.

And be it further resolved. That there be allowed and paid
•out of the Treabury to the Hon. Perez Morton, for his attend-
ance on said/:ommission, the sum of one hundred and forty-
four dollars. ----- iS144
To Jonathan Smith, jun. Escp the sum of one hun-
dred and eighty dollars. - - . - 180
To Thomas B. Adams, Esq. the sum of one hun-
dred and sixty-two dollars. . _ . . 162
To Eleazer W. Ripley, Esq. for his services as
Clerk, the sum of one hundred and twenty-six

dollars. - - 126

And his Excellency the Governor is requested to draw his-
Warraiit on the Treasury accordingljo

RESOLVES, June 25, 1811. 251

LV.

Resolve granting iS800, to the inessenger of the General Court y
to purchase fuel. June 24, 1811.

Resolved, That there be paid out of the Treasury of this
Commonwealth to Jacob Kuhn, messenger of the General
Court, the sum of eight hundred dollars, to enable him to pur-
chase fuel, and such other articles as may be necessary for the
use of the General Court, together with the Governor and
Council chamber, the Secretary's and Treasurer's offices, he
to be accountable for the expenditure of the same.

LVI.

Resolve on the petition of Theodore Hinsdale, Deputy Sheriff,
grantifjg him Z64^,90. June 24, 1811.

On the petition of Theodore Hinsdale, a Deputy Sheriff for
the County of Berkshire, praying for compensation for
attaching and securing property, serving and returning fifteen
writs in favour of the Commonwealth, against Thompson J.
Skinner Esq. late Treasurer of said Commonwealth, and his
sureties, respectively.

Resolved, That there be allowed and paid out of the Treas-
ury of this Commonwealth to the said Theodore Hiasdale,
sixty-four dollars and ninety cents, in full for the services
aforesaid, and his Excellency the Governor with the advice of
Council is hereby authorised to draw his warrant on the
Treasurer for said sum.

LVII.

Resolve appointing a Committee to repair the State- House, and
appropriating SIOOO. June 25, 1811.

The Committee to whom was referred the subject of repair-
ing the State- House, report, that the colonade, the east and
west porticoes the sills of some of the entmnce doors, and the
slating, &c. require some repairs, and the Clerk's desk in the
house requires to be altered for his accommodation, and that
elm trees be substituted for the poplar trees now standing in
the State-house yard, " .

252 RESOLVES, June 25, 1811.

The Committee would therefore recommend that the follow- .
ing order and resolve be passed, viz.

THOxMAS W. SUMISIER, per order.

Resolved, That Mr. Thomas W. Sumner, Mr. Millar and
Mr. Brewer, be a committee to repair the colonade, the east
and west porticoes, the sills of the doors, and the slatiiig of
the roof, together with such other repairs as ihey may deem
necessary and expedient for the preservation of the house, and
convenience of the members, and that they also cause the ne-
cessary alterations to be made in the clerk's desk in this house,
so that he may be better accommodated than he is at present ;
also, to cause elm- trees to be planted in the State-House yard.

And be it further resolved, That there be allowed, and paid
out of the public Treasury of this Commonwealth, one thous-
and dollars to Thomas W. Sumner, to defray the expenses of
the repairs which have become necessary in and about the
State house, he to be accountable for the expenditure of the
same, and that his Excellency the Governor be, and he is here-
by requested to draw his warrant on the Treasurer accordingly.

LVIII.

Resolve grantirig a tax to Pli/mouth, Dukes'' County, and Ken-
nebeck. June 25, 1811.

Whereas the Treasurers of the following counties have laid
their accounts before the Legislature for examination, which
accounts have been examined and allowed. And whereas the
clerks of Courts of Common Pleas, 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 the sums necessary to discharge the
debts of the said counties.

Resolved, That the sums annexed to the several counties
contained in the follov/ing schedule 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.

Plymouth, two thousand and one hundred dollars. S2100
Dukes' county, three hundred dollars. - - 300

Kennebeck, six thousand five hundred dollars. - 6500

RESOLVES, June 26, 1811. 253

LIX.

Resolve for paying Eldad Parsons and Elijah Bridgmanjun.
for bringing to Justice ofie JVilliam Rich. June 26, 1811.

Whereas it has been represented to the General Court by
Eldud Parsons, and Joseph Bridgman jun. of Belcherton, in
the county of Hampshire, that in the year one thousand eight
hundred and seven they spent much time and money, in pursu-
ing, apprehending, and bringing to conviction one William
Rich for passing counterfeit bank bills, and that said Rich upon
his conviction w^as sentenced to pay a fine of three hundred
dollars, which has been since paid by said Rich for the use of
this Commonwealth, and that they have received no compensa-
tion for their services aforesaid.

Therefore resolved^ That there be paid out of the Treasury
to Eldad Parsons, the sum of forty-four dollars, and to Elijah
Bridgman jun. the sum of fifteen dollars in full for their ser-
vices aforesaid, and his Excellency the Governor with the
advice of Council is requested to issue his warrant accordingly.

LX.

Resolve appropriating SlO,000yor the State Prison.
June 26, 1811.

Resolved, That his Excellency the Governor, by and with the
advice of Council, be, and he is hereby authorised to draw
warrants upon the Treasurer of this Commonwealth in favour
of the Superintendant or Warden of the State Prison, for such
sums, at such periods as may be deemed expedient by the
Governor and Council, not exceeding ten thousand dollars, to
enable said Superintendant to perform his contracts and inci-
dental charges, to defray the expences of said prison the present
year, he to be accountable for the same.

LXI.

Resolve for loaning Edivard Little^ and JVilliam Atkinson,
SHOO. June 26, 1811.

On the petition of Edward Little, and William Atkinson
who have contracted with the Commonwealth for printing the
reports of cases adjudged in the Supreme Judicial Court of this

254 RESOLVES, June 26, 1811.

Commonwealth, and have lost their printing office and types in
the late fire at Newburyport.

Resolved, That there be loaned to the said Edward Little,
and William Atkinson, the sum of eleven huudred dollars, for
the term of one year, on their note of hand, with sufficient sure-
ty to the satisfaction of the Treasurer, for the said sum, payable
in one year to the Commonwealth, with interest, and his Excel-
lency the Governor by and with the advice of Council is re-
quested to draw his warrant on the Treasurer for the said sum ,
on the conditions aforesaid.

LXIL

Resolve appropriating SI 20, in addition to a previous appropri-
ation the present session to pay assistant Clerks employed in
the Sccretary''s office. June 26, 1811.

Resolved, That there be allowed and paid out of the Treas-
ury of this Commonwealth, unto Benjamin Homans Esquire,
Secretary of State, the sum of one hundred and twenty dollars,
in addition to a grant made by resolve of the nineteenth instant,
to enable him to pay such assistant clerks as he may think it
necessary to employ to expedite the public business, he to
account therefor.

LXIIL

Resolve authorising Rhoda Hamilton to convey estate to Rice,
Arms, and Dunham, June 26, 1811

On the petition of Rhoda Hamilton, administratrix of the
estate of William Hamilton, late of Conway in the county of
Hampshire, deceased, praying for authority to convey to Joseph
Rice, John Arms, and Benajah Dunham, ihree fourth parts of
a certain tract of land in said Conway, with an oil miii stand-
ing thereon, by said William purchased of one Moses Hayden,
and also for liberty to sell the other fourth part of said land and
mill, first giving bond to the Judge of Probate for securing
the eifectsof the sale of said last mentioned fourth part, for the
benefit of the heirs of said William Hamilton.

Resolved, That the prayer thereof be granted, and that said
administratrix be, and she is .hereby authorised to convey to
said Joseph Rice, John Arms, and Beniijah Dunham, and
their heirs, by deed, all the title and estate of which the said

RESOLVES, June 26, 1811. 255

William Hamilton died seized, in and to the said three-fourth
parts of the said land, and oil mill standing thereon, as describ-
ed in the deed to the said William Hamilton as mentioned in
the petition of the said Rhoda ; and also that the said Rhoda be
authorised to sell, and convey by deed, the other fourth part of
said land and oil mill, she first giving bonds to the Judge of
Probate, for the county of Hampshire, for securing the effects
of the sale of the said fourth part, for the benefit of the said
heirs.

LXIV.

Resolve for payijig the expense of Music ^ xvhen the Commander
in Chief shall order out an escort. June 26, 1811.

Resolved, That whenever the Commander in Chief of the
Militia of this Commonwealth shall direct any militia company,
or other corps, to perform escort duties, that the commanding
officer of such company or corps shall present his account for
necessary music to the Quarter Master General, by whom the
same shall be discharged out of the Commonwealth's monies
in his hands.

LXV.

Resolve for paying the Committee on accounts. June 26, 18*11.

Resolved, That there be allowed and paid out of the public
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, in addition to their pay as members of
the Legislature :

Hon. Nathan Willis, twenty-two days, twenty-two dollars.

Hon. Silas Holman, twenty-two days, twenty-two dollars.

Nathan Fisher, twenty-one days, twe«ity-one dollars.

Jonas Sebley, twenty-two days, twenty two dollars.

James Robinson, twenty-two days, twenty-two dollars.
Which sums shall be in full for their services aforesaid, re?*
pectively.

256 RESOLVES, June 27, 1811.

LXVI.

Resolve prescribing to whom the laws of Congress shall he de-
livered. June 27, 1811.

Resolved, That the copies of the laws of the United States,
that are now in the Secretary's office, or which may hereafter
be received, shall be distributed in the following manner by the
Secretary, any thing in the resolves passed the twenty-sixth
of January, and the tenth day of June, in the year of our Lord
one thousand eight hundred and eight, to the contrary notwith-
standing, viz. To the Clerk of each town or district, and to
the assessors of each plantation within this Commonwealth,
which pays a state tax, one copy for the use of such town,
district or plantation; to each clerk of the several Judicial Courts,
and Courts of General Sessions, within this Commonwealth,
one copy for the use of the respective courts aforesaid; to each
Judge of the Supreme Judicial Court, and to each Judge of the
Circuit Court of Common Pleas, one copy ; to the Judges
of Probate in the several counties, one copy each ; to the Attor-
ney General and Solicitor General, one copy each ; to the Sheriff
of each county and to the Warden of the State Prison, each one
copy, to be kept at the respective prisons ; to the Quarter Mas-
ter and Adjutant General, one copy each ; to each Major General
one copy ; to the University of Cambridge, one copy ; to
Wijliamstown and Bowdoin Colleges, the American x\cademy
of Arts and Sciences, and the Historical Society, one copy
each. To his Excellency the Governor, and his Honour the
Lieutenant-Governor, to the President of the Senate, and the
Speaker of the House of Representatives, one copy each.

Be it further resolved, That upon the death, resignation or
removal from office of either of the clerks of towns or districts,
or Judicial Courts, Sheriffs or Warden, Judges of Probate, or
assessors of Plantation, Attorney General, Solicitor General,
Major Generals, Adjutant General, and Quarter Master General,
he, or his executor or administrators respectively, shall be
held and obliged to deliver over the said laws to his successor
in Oilice for the use of their several ofHces.

LXVIL

Resolve establishing the Salaries of the Lieutenant-Governor y
Secretary and Treasurer, for one year. June 27, 1811.

Resolved, That there be alloued and paid out of the Treas-
ury of this Commonwealth to liis Honour the Lieutenant-

RESOLVES, June 27, 1811. 257

Governor thereof, the sum of five hundred and thirty-three dol-
lars and thirty-three cents, for his salary for one year from the
thirty first day of May last.

Also Benjamin Romans Esq. Secretary of the Common-
wealth, the sum of two thousand dollars, for his salary for one
year from the sixth day of June current, he to be accountable
at the end of the year, ibr all the fees of the office he shall have
received. And to Jonathan Loring Austin Esq. Treasurer and
Receiver General of this Commonwealth, the sum of two
thousand dollars, for his salary for one year from the sixth day
of June current, and that all the aforesaid salaries be paid in
quarterly payments as they shall become due.

LXVIII.

Resolve for paying the Clerks of the General Court,
June 27, 1811.

Resolved, That there be paid out of the public Treasury, to
Marcus Morton, Clerk of the Senate, and to Charles P.Sunmer,
Clerk of the House of Representatives, two hundred dollars
each, and also to Robert C. Vose, assistant Clerk of the Senate,
one hundred and twenty-five dollars, and to Thomas Wallcutt,
assistant Clerk of the House of Representatives, one hundred
and twenty-five dollars, in full for their services in said offices,
the present session of the General Court. And to Samuel
Smith, for services rendered the Clerk of the Senate, eighty-five
dollars in full for the same.

LXIX.

Resolve on the petition of William Eaton and others^ in favour
John Jenkins. June 27, 1811.

On the petition of William Eaton, praying that some com-
pensation may be made to John Jenkins,' for his invention of
certain improvements in the art of writing.

Resolved^ That the said petition be referred to the American
Academy of Arts and Sciences, who hereby are requested by
their Committees, or in any mode they may see fit, to examine
the subject of said petition, and the merits of said invention,
and to report to the General Court at the next session thereof,
how far the same is deserving the public patronage, and in
what manner the same invention may be properly rewarded.

258 RESOLVES, June 25, 1811.

Roll No. 65.. ..June, 1811,

The Committee on accounts having examined the several
accounts 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 and paid, will be in full
dischaige of the said accounts to the several dates therein
mentioned ; which is respectfully submitted.

NATHAN WILLIS, Per Order,

PAUPER ACCOUjYTS,

Abington, for boarding and clothing Thomas Seymore

to 4Ui Juiif, 1811, ' g24 80

Augusta, for boarding, clothing, and doctoring Lydia

Gordon, to 6'.h iVlarch, 181 i, 94 62

Adams, for boarding, clothing, and doctoring sundry

paupers to 22d May, 181 K 110 66

Brookfield, for supporting George Baslington to 1st

May, 1811, 19 7

Bellingham, for boarding and clothing Robert Atkins

to 25th March, 1811, 20 41

Buckland,for boarding and clothing William Negus to

the time of his death, including funeral charges. 111 62

Becket, for boarding, clothing, and doctoring Sally

Leonard and Hiram Leonard to 21st May, 1811, 30
Bristol, for boarding, clothing, and doctoring William

Howe to 1st June 1811, ' 41 33

Bridgevratcr, for boarding and clothing William

Blakely and Frederick Bignor to Gth June, 1811, 45 30
Barre, for boarding, nursing, and supplies to John C.

Dandcrick to 15th April^ 1811, 80 14

Billerica, for bonrding and doctoring Michncl Taylor

to the time of his death, iiicluding funeral charges, 46 50
Boxford, for boarding and clothing Mehitable Hall to

5th June, 1811, " Q2 50

Boston, for boarding and cjotliing sundry paupers to

1st June, 181 1, and doctoring in full to the 1st De-
cember, 1810, 8549 74
Bradford Samuel, Sheriff of the county of Suffolk, for

supporting poor prisoners in gaol, to May 11, 1811, 423 24
Charlton, for boarding, clothing, and doctoring

Edward Madden to 4th May, 1811, 22

RESOLVES, June 25, 1811. 259

Colerain, for boarding and nursing Sally Lamonier

to 25th May, 1811, ^ 30 95

Cohassett, for boarding, nursing, and doctoring Alex-
ander M'Leod, to the time of his death, including
funeral charges, 20

Carlisle, for boarding and clothing Robert Barber to

25th May, 1811, ^ 23 58

Columbia, for doctoring Robert Martin in his last
sickness, 65

Cheshire, for boarding, clothing, and doctoring
Ephraim Richardson, Polly Newcomb, and Polly
Cooper, and supplies for William Davis and family,
to 23d May, 1811, 207 52

Chelsea, for boarding and doctoring Ralph O'Donnel,
to the time of his death, including funeral charges, 69

Cape Elizabeth, for boarding and clothing James
Ramsbottom to 20th May, 1811, and supporting
Abraham Burke to the time of his death, including
funeral charges, 64 29

Dartmouth, for boarding and clothing John Quanna-
will to 20th May, 1811, and clothing Emanuel
Gust to the same date, 88

Dighton, for boarding and doctoring Charles William-
son to the time of his death, including funeral
charges, 25 48

Doggett Samuel, keeper of the gaol in Dedham,
county of Norfolk, for boarding Isaac T. Cary, a
poor prisoner confined for debt, 7 50

Durham, for boarding and clothing three children of

Jonathan Dumerrit'to 20th May,' 1811, 141 90

Dover district, for boarding and doctoring Daniel
Waters to the time of his death, including funeral
charges, 39 50

Dracut, for boarding and doctoring widow Jacquith to

the time of her death, including funeral charges, 21 66

Danvers, for boarding, clothing, and doctoring sundry

paupers to 11th June, 1811,' 272 12

East Hampton, for boarding and doctoring John Hall
to 29th May, 1811, 17

Edgarton, for boarding, clothing, and doctoring John
Cole, and for boarding and clothing Anthony
Chad wick to 22d May, 1811, ' 59 38

Franklin, for supplies for Thomas Barre and wife to

5th June, 1811, 28 18

260 RESOLVES, June 25, 1811.

Falmoutli, in the county of Cumberland, for boarding,
clothing, and doctoring Felicas Sang to 25th Mav,
1811, ' ' S27 55

Florida, for boarding, clothing, and doctoring two

children of Amos Eldiidge to 22d May, 1811. 42 12

Granville, for boarding, clothing, and doctoring Archi-
bald Stewart, and George Taylor to Ibt June,
1811, and Amos Fay to the time of his death, includ-
ing funeral charges, G7 26

Greenwich, for boarding, clothing, and doctorir.g John
Howard, William Rice, Elizabeth Harrington, John
Bailey, Jonathan Bailey's family, James Bailey, and
Elizabeth Harrington's child, to 27th May, 1811. 160 79

Granby, for boarding and clothing Ebenezer Darwin

to 27th May, 1811, ' 34 75

Gill, for boarding and clothing Sarah Hamilton, and

Samuel Lyons and wife, to 24th May, 1811, 48 85

Gloucester, for boarding, clothing, and doctoring sun-
dry paupers to the 10th May, 1811. 712 40

Gorham, for boarding Robert Gillfiiling to 1st June,

1811, 25 50

Great Barrington, for boarding and clothing Isaac
Catharine, Mary Hoosc, John W bitty, Clarissa Lind-
sey. Amy Rathburnc, and Lucv Porter, to 25th
May, 1811, ' 184 25

Hancock, for boarding and clothing Rebecca Osborn

to 20th May, 1811. 16 65

Hamilton, for boarding and clothing Molly M'Crief to

5th April, 1811, " ' 62 2

Hodgkins Joseph, keeper of the house of correction in
Ipswich, county of Essex, for boarding and clothing
Mary Adelaide, a negro, John Squires, Huldah
Hicks, James Cahoon, Josiah Bennington, to 6th
June, 1811, and allowance made by the Court of
Sessions to 21st March, 1811, 396 80

Hutson John, keeper of the gaol in Salem, county of
Essex, for boarding sundry prisoners coniined in
gaol to 17th May, 1811, 286 48

Linconville, for boarding and doctoring Timothy Cox,

and Alexander White, to 21st May, 1811, ' 56 57

Lenox, for boarding, clothing, and medicines for
Abraham Palmer, and Neil M'Arthur to 24th
May, 18 il, 48 9

RESOLVES, June 25, 1811. 261

Litchfield, for supplies for the wife and children of
John Taylor to '5th June, 181 1, MO

Lee, for supplies for Jonathan and Sarah Blackman, to

23d May, 1811, 30 76

Lanesborough, for boarding, clothing and doctoring
Jerusha Welsh, and William Tracy, to 1st June,
1811, 101 56

Leyden, for boarding, clothing and doctoring Jedediah
Fuller and wife, Elizabeth Waggoner and Ruth
Abel, to 24th May, 1811, 67 19

Middleborough, for boarding, clothing and doctoring
John Fitzgerald, to 10th January, 1811, and William
Pike, to the time of his death, mcluding funeral
charges, 159 70

Montague, for boarding, clothingand doctoring Joshua

Searle, to 18th May, 1811, 108 69

Machias, for boarding W^illiam Whittemore, to 13th

February, IS 11, when he left the Commonwealth, 10 50

Minot, for boarding and doctoring Elizabeth Farrier
to 16th March, 1811, 14

Marlborough, for boarding and clothing Joseph Wa-
ters to 28th May, 1811, 80 68

Milton, for boarding and clothing John Gray, Rebecca

Welsh and child, to 8th June^ 1811, 42 40

Marblehead, for boarding, clothing and doctoring

sundry paupers to the 5th of June, 1811, 147 SO

Medway, for supporting Eliab Patch to the time he
left the Commonwealth, 21

Northfield, for supporting Richard Kinsburv to 25di

May, 1811, ' ' 34 22

Norwich, for supporting Daniel Williams to 24th

May, 1811, 67 20

Newbury, for boarding, clothing and doctoring sundrv

paupers to 1st Junt% 1811, " 628 B

Northport, for boarding, clothing and doctoring
Thomas Eustice to 1st April, 1811, 300

Newburyport, for boarding, clothing and doctoring

sundry paupers to 1st June, 1811, ' 1265 75'

Northampton, for boarding sundry prisoners conlined

in gaol, to 27th May, 1811, 28 43

Prospect, for boarding Anna Haynes to ist Jan. 1811, 65 25

Pittsfield, for boarding and clothing Peter Huron, Jon-
athan Spear, Ehsha Austin, and Pollv 'lliurston, to
2d June, 1811, " 56 12

262 RESOLVES, June 25, 1811.

Plymouth, for boarding Thomas Hazard, and John
Anderson, to 26th May 1811, boarding and doctor-
ing William Sands to the time of his death, includ-
ing funeral charges, S91 2J5

Portland, for boarding, clothing and doctoring sundry

paupers, to 1st June, 1811, 1392 34

Penobscot, for bocU ding and clothing Thomas Slack
to 20th May, 1811, 29

Randolph, for boarding, clothing and doctoring John

Cole to 5th June, 1811, ' 33 63

Rowley, for boarding, clothing and doctoring Benning

Dow to 27th May, 1811, 25 24

Rochester, for boarding and doctoring George White
to 21st May, 1811, 86

Sandwich, for boarding and clothing Richard Crouch
to 2d June, 1811, 26

Swanzey, for boarding Thomas Kennedy to 17th May,

1811, 21 89

Sandisfield, for boarding and clothing William San-
ford, Elizabeth Dando, and supplies to Richard
Dixon and family, to 13th May, 1811, 41 7

Springfield, for boarding, clothing, doctoring sundry

paupers to 3d May, 1811, 82 59

Saco, for boarding and doctoring John Dunham to

the 5th June, 1811, 45 75

Shelburne, for boarding and doctoring Mary Bates to

the 14th January, 1811, ' 117 58

St. George, for boarding and clothing Robert Hawes

and Eleanor Matthews to the 2d June, 1811, 37 40

Salem, for boarding clothing and doctoring sundry

paupers to the 9th June, 1811, 1023 75

Sutton, for boarding and doctoring Isabella Santee and

her children to the 4th June, 1811, 65 47

Sharon, for boarding and clothing Stephen Flood to
the 17th June, 1811. 25

Uxbridge, for boarding and clothing David Mitchel

and Benjamin ContriiTto the 24th May, 1811, 157 67

West Hampton, for boarding and clothing Lemuel

Culver and family to the 20th May, 1811, 34 98

West Springtleld, for boarding,clothing,and doctoring
James Aldrich to the 25i:hMay, 18n, and William
Bell to the time of his death, including funeral
charges, 24 13

Westficld, for supplies to John Newton and wife to

1st June, 1811, 21 98

RESOLVES, June 25, 1811. 263

Williamstown, for boarding, clothinp:, and doctoring
Robert Morrell, Charles M'Carty, Rachel Galusha,
and Stephen Blue, until the time of his death, May
21st 1811, including funeral charges, S107 52

Worcester, for boarding clothing,and doctoring sundry

paupers to the 1st June, 1811, 184 27

Woburn, for boarding,clothing and doctoring William

and John Lynham's children to 10th June 1811, 14 95

Windsor, for boarding and doctoring Henry Smith
and wife to the 28th May, 1811, ' 43

York, for boarding of sundry paupers to the 8th June,

1811, ' ' 220 83

Total Paupers, .S20,283 82

MILITARY ACCOUNTS.
Courts Martial and Courts of Inquiry,

Hoyt Epaphras, for the expense of a Court Martial,
held at Worthington, 12th February, 1811, whereof
Richard E. Newconib was President, 143 2

Donnison William, A. G. for the expense of a Court
of Inquiry, held at Pittsfield, 25th February, 1811,
whereof B. Gen. Isaac S. Gardner was President, 226 69

Donnison William, A. G. for the expense of a Court
of Inquiry held at Portland, 8th May, 1311,
whereof B. Gen. Joiin Peabody, was President, 212 42

Clapp Jcremiahjfor the expense of a Court Martial held
at Charlestown, in October, and by adjournment in
April, 1811, v.'hereof Lt. Col. Jonathan Bancroft
was President. 432 78

Brigade Majors, A'lds-de-Camp and Quarter Masters.

Vycrs James, to 1st June, 1811, 79 76

Adams John, to 1st June, 1811, 15 20

Bates Eikanah, to 4th February, 1311, . 39 45

Bastow Sumner, to 24lh May, 1811, 29 43

How Estes, to 17th May, 1811, 16 90

Kettell Jonathan, to ist November, 1810, 39 17

^[attoon D. Noah, to 3d January, 1811, 39 95

liuss John, to 3d June, 1811. ' 34 20

Sawtcll Richard, to 26th April, 1811, 119 73
36

264 RESOLVES, June 25, 1811.

Vernum Jacob, to 3d May, 1811, S31 50

Whiting Timothy, to 1st June, 1811, 29 22

Expense for Horses j to haul Artillery.

BlaslandS. William, to 1st October, 1810,
Churchill Jesse, to 12th October, 1809,
Dwight Cecil, to 4th October, 1810,
Fairfield Nathaniel, to 23d May, 1811,
Johnson David, to 16th February, 1811,
Little Otis, to Sth June, 1811,
Stebbins Zenas, to 12th May, 1811,
Terrell Jacob, to 1st March, 1811,
Wells Martin, to 1st February, 1811,

Adjutants,

Adams Thomas, to 7th May, 1811,
Adams Moses, to 1st May, 1811,
Blossom Alden, to 4th October, 1810,
Bagley Abner, to 15th February, 1811,
Brichett Moses, to 10th February, 1811,
Brewer C. Daniel, to 1st October, 1810,
Beale John, to 1st December, 1810,
Bucklin Joseph, to 18lh April, 1811,
Bliss Theodore, to 1st September, 1811,
Boyd Wiliard, to 1st June, 1811,
Bray Oliver, to 6th June, 1811,
Bates C, Isaac, to 30th January, 1811,
Cushing Thomas, to 1st January, 1811,
Crain Nathan, to 8th September, 1810,
Cutts William, to 1st February, 1811,
Davis Sttphen, to 1st May, 1811,
Emery Moses, jun, to 9th October, 1810,
Foot Elisha, to October, 1810,
Foster Samuel, to 1st May, 1810,
Fettvplace Thomas, to 1st January, 1811,
Gage Nathaniel, to 15th February, 1811,
C/ilIett Daniel, to 1st September, 1810,
Hinman Ransom, to 7th'May, 1811,
Ingraham B. James, to 22d May, 1811,
Keith Cyrus, to 1st June, 1811,
Lawrence Samuel, to 25th May, 1811,
Morgan Aaron, to 1st September, 1810,

109

n i-r

S2607

RESOLVES, June 25, 1811. S65

Needham Harvey, to 2d May, 1811, S12 52

Ordway Nathan, to 2d May, 1811,

Pingree Samuel, to 23d May, 1811,

Richardson Wyman, to 12th May, 1811,

Rider Isaiah, to 25th May, 1811,

Stewart Jotham, to 2d November, 1810,

Sprague G. Joseph, to 1st June, 1811,

Tainter Harvey, to 1st May, 1811,

Thomas B. John, to 21st November, 1810,

Ware Jason, to 2d June, 1811,

Washburn Abiei, to 23d April, 1810,

Total Military,

SHERIFFS' AND COROXERS' ACCOUNTS.

Bridge Edmund, Sheriff of the county of Lincoln,
for returning votes for members of Congress, and
for Governor and Lieutenant Governor, and Sena-
tors, to May, 1811, 43 68

Crane EHjah,' Sheriff of the county of Norfolk, for
returning votes for Governor, Lieutenant Governor,
and Senators, to 1st May, 1811, 3 '40

Cooper John, Sheriff of the county of Washington, for
returning votes for Governor, Lieutenant Governor,
and Senators, to 1st May, IS 11, 28 64

Chandler John, Sheriff of the county of Kennebeck,
for returning votes for Governor, Lieutenant Gover-
nor, and Senators, to May, 1811, 14 40

Folsom John W. Coroner, for taking inquisition on

the dead body of a stranger, June, 1810, 20 97

Hamlin Hannibal, Sheriff of the county of Oxford, for
returning votes for Governor, Lieutenant Governor,
and Representatives to Congress, to 22d May, 1811, 53 10

Hunnevvell Richard, Sheriff of the county of Cuniber-

i, land, for returnina: votes for Governor, Lieutenant
Governor, Senators, and Representatives to Con-
gress, to May, 1811, 50 70

Porter William, Coroner, for taking inquisition on the

bodies of two strangers, 28lh August, 1811, 41 79

Partridge George, Sheriff of the county of Plymouth,
for returning votes for Governor, Lieutenant Gover-
nor, and Senators, to 1st June, 1811, 14 40

Parker Stenhen, Coroner for the count v of Washing-

266

RESOLVES, June 25, 1811.

ton, for taking inquisition on the bodies of Jonathan
Handers, Andrew Robinson, and George, a mulatto,
26th March, 1811, S48 2^

Smith Joshua, Coronor for the county of Oxford, for
service of writ of supercedes on David Learned, late
SherifFof the county of Oxford, 8 10

Ulmer George, Sheriff of the county of Hancock, for
returning votes for Governor, Lieutenant Governor,
and Senators, to 2d June, 1811, 18 96

Ward W. Tlwmas, Sheriff of the county of Worces-
ter, for returning votes for Governor, Lieutenant
Governor, Senators, and Representatives to Con-
gress, to 6th June, 1811, 28 80

Waite Nathan, Coroner for the county of Middlesex,
for taking inquisition on the dead body of a stranger,
May, 1811, 12 54

Wade Edward, Coroner for the county of Middlesex,
for taking inquisition on the dead body of a stranger,
28th June, 1808, 19 70

Total Sheriffs and Coroners,
PRINTERS' ACCOUNTS.

S407 83

Allen Phiiieas, for printing military notifications, to

8th June, 1811, 16

Gushing Thomas, for printing acts and resolves, to

29thMLiy, 1811, 16 67

Dennio John, for printing acts and resolves to June

1st 1811, ' 16 67

Clap William, for printing reports of Committee on

Penobscot Bank, 11th March, 1811, 18

EdesTcter, for printing acts and resolves to May, 1811, 34 66
Lindsay Benjamin, for printing acts and resolves to

June" 1st, 1811, 16 67

Wilder Salmon, for printing military notifications to

12th April, 1811, ' 32

Munroe Isaac, for printing for the General Court, Sec-

retarv. Treasurer, and A^ljutant General's office, to

June 22, 1811, " 4143 95

Rhodes &: Adams, for printing military orders to

May, 1811, ' 4

Russell Benjamin, for printing General orders, March,

1811, 4 75

RESOLVES, June 25, 1811. 267

Thomas Isaiah, jun. for printing acts and resolves to

June, 1811, JS33 33

Total Printers, S4336 70

MISCELLANEOUS ACCOUNTS,

Bass Benjamin, for sundries for the use of the Council
Chamber, December, 1810, 112

Chase Warren, for assisting the messenger to the
General Court, June 22d, 1811, 46

Dudley Indians, Guardians of, due diem in full to 26th
May, 1811, which sum the Treasurer is directed to
charge said Indians with, and deduct tlie same from
the sum due to them from the Commomvealth. 122 17

Davis, J. P. for a marble Bust of General Washington
for the Representatives' chamber, June, 1811, 20

Durant William, for cleaning State-house windows,

June, 1811, 42 75

Grant Moses, for sundries for the Representatives'

chamber, May, 1811, 23 38

Kidder Stephen, for stationary for the Council cham-
ber, January, 1810, ^ 8

Kuhn Jacob, for balance due to him on the 20th of
June, 1811, over and above two grants made to him
by the General Court, viz. one of seven hundred
and fifty dollars, 18th June, 1810, and one of three
hundred dollars, 29th January, 1811. 19 61

Larkin Ebenezer, for stationary supplied the Secreta-
ry's office and Council Chamber, June 14, 1811, 48 93

Lapham Sylvanus, for assisting the messenger to the
General Court to 22d June, 1811, 52

Pulcifer Joseph, for stationary for the Treasurer's

office and Council Chamber, to June, 1811, 39 62

Perry John, for assisting the messenger of the General
Court to 22d June, 1811, 52

Ridgway James, for sundries for the Secretary's office

to June, 1811, 43 30

Skillings Samuel, for carved work for the Representa-
tives' chamber, June, 1811, 46

Sumner Pinkney Charles, for making an index to the
Journals of the House of Representatives, from the
years 1780 to 1793, thirteen years, 70

268 RESOLVES, June 25, 1811.

Thayer Stephen, for labour for the Representatives'

chamber, March, 1811, JSIO 50

Wells John and Benjamin, for copper canopy, April,

1811, 135 75

Wheeler Josiah, for repairing the State House, to 9th

June, 1811, 319 50

Larkin Ebenezer, for stationary supplied the Treas-
urer's office, to 4th June, 1811, 16 34

Total Miscellaneous, S1227 85

Aggregate of Roll No. 65 — June, 1811.

Expense of State Paupers, 20.283 82

Do. Militia, 2607 95

Do. Sheriffs and Coroners, 407 38

Do. Printers, • 4336 70

Do. Micellaneous, 1227 85

828,863 70

Resolved, That there be allowed and paid out of the public
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
twenty-eight thousand eight hundred and sixty three dollars and
seventy cents, the same being in full discharge of the accounts
and demands to which they refer

In Senate, June 25, 1811.
Read and passed, sent down for concurrence.

SAMUEL DANA, President.

In the House of Representatives, June 25, 1811.
Read and concurred,

JOSEPH STORY, Speaker.

Council Chamber, 25th June 1811.

Approved, E. GERRY.

INDEX

TO RESOLVES OF JUNE SESSION, 181L

Agents on Eastern Lands, S2000 to survey twenty

Townships, - - - - - 210

Agreement of claimants of Lands in Lincoln County, 238
Attorney General to give a statement of the trials of the

Commonwealth vs. the Pejepscot Proprietors, 245

Bristol County, tax granted, - - - 201

Brown James, soldier at Augusta, jSlO 5, - 214

Council and General Court, pay established, - 202
Ciark Stephen, S. J. Court to remit, - - 205
Committee, to establish lines between Saco and Scarboro', 211
to allot Lands in Eastport, addition to, 249
to repair the State House, - - 251
on Accounts, to examine account of Medway, 215
.. .. Wm. Cutts, 217
pay allowed, - - 255
Roll No. 65, - - 258
on Pay Roll, to insert Members from Glouces-
ter and Waldoboro', - - - 202
Commissioners to ascertain the cause of difficulties in Lin-
coln County, report, - - . 219
for paying, _ . . 250
to settle with the late Treasurer, - 246
Chase Warren, additional pay, - - - 247
Clerks of the General Court, compensation, - 257
Secretary's and Treasurer's Offices, pay es-
tablished, . - „ - . 247

INDKX.

Oonnison William, Adjutant General, half a year's salary

gTcinted, - - - - - 211

Dukes County, tax granted, - . , 212

Eaton William, and others, petition in favour of John Jen-
kins referred, - - - - 257
Emmerson Billy, Judge of Probate, Essex, authorized, 215
Everett David, Reporter to the House, 18133, - 249

Flint Daniel, affidavit made valid, - - 211

Farris Wiiiiam, to convey estate to E. Johnson, ^ 242

Governor's Speech, - - - - 179

Answer to from the Senate, - 190

House, - 194

Message respecting Capt. Pool and Ensign
Brown, .... 213

Sheriffs, - 217

communicating report of the Com-
missioners on difficulties in Lin-
coln County, - - 218
communicating report of the Snper-
intendant of the State Prison, 249
Governor to appoint Commissioners to adjust the claims

to Lauds in Lincoln County, - 239

Lieutenant, Salary, - - - 25Q

Gould Abraham, Henry Biake authorised to execute a

deed, - - - - - 248

Hamilton Rhoda, to convey estate, - - 254

Hamlin Cyrus, and others, sureties for Sheriff of Oxford,

Tj-easurer to stay execution, - - 242

Harris Thomas, jun. Treasurer to deliver a note, 205

Hartford, doings of Assessors confirmed, - 207

Harvey James," S 300 2:ranted, ^ . - 209

INDEX.

Hearsey James, and others, proprietors of land in Cumber-

land, report on petition, - - - , 244

Hinsdale Tiieodore, Deputy Sheriff of Berkshire, gi64 90, 251

Kennebeck County, tax granted, - - 212

Kuhn Jacob, addition to his salary, - - 244

for fuel, S800, - - - 251

Lapham Sylvanus, additional pay granted, - 217

Laws of Congress, distribution prescribed, - 256

Little Edward & Co. loan to, SHOO, - - 253

Livermore, town of, records confirmed, - - 207

Maltby Isaac, mistake corrected, - - 213

Martin Joshua, action to be reinstated, - t 215

Medway, Committee on Accounts to examine account of, ih.

Notary Public, additional in Norfolk, - ^ 201

Lincoln, - - ib.

Newburyport, resolve granting the sufferers by fire

S 10,000, ----- 208

Paddock Oliver, granting him S 100, - - 203

Parkman Samuel, resolve on his petition, - 209
Parsons Eldad and Elijah Bridgman, jun. for bringing to

justice William Rich, S59, - - - 253

Perry John, granted additional pay, - - 247

Plympton Jonathan, resolve granting a new note, 204

Quarter Master General to pay for escort music, 15S

Rogers Benjamin and Mary, to exchange estate, ~ 206

INDEX.

Saco, to convey | acre of land to Saco Academy, 241

.. Free Bridges, Proprietors allowed further time to

complete, . . . _ . 243

Secretary, jS120 to pay assistant Clerks, - 217 — 254

Salary, - - - - 256

Shepard Eunice, resolve on her petition, - - 293

Smith Ann, empowered to execute a deed, - 214

Sou(l\2:ute Eleanor, to execute a deed, - - 202

State Prison, Secretary to deliver Laws, - - 246

appropriation for, - - - 253

Taxes for several Counties, - - - 252

Thayer Stephen, to execute deeds, - - 243

Tower Joshua, 1S60 granted, . - . 216

Stephen Hall, pay as Page, - - 248
Treasurer to discharge Limerick and charge Cornish with

Representative's pay, - - 2''-l

empowered to borrow, S60000 - 246

Salary, - - - - 256

WillardJosiah, Treasurer to deliver bond, - 250

RESOLVES

OF THE

GENERAL COURT

OF THE

Commontoealtl) of 4Hla^^acI)u^ett^>

PASSED AT THE SESSION BEGUN AND HOLDEN AT BOSTON, ON THE

EIGHTH DAY OF JANUARY, IN THE YEAR OF OUR LORD,

ONE THOUSAND EIGHT HUNDRED AND TWELVE.

Pi\blished agreeably to a Resolve passed 16th January, 1812-

BOSTON:

PRINTED BY ADAMS, RHOADES, & CO.

1812.

RESOLVES

OF THE

General Court of Massachusetts*

PASSED AT THE SESSION BEGUN AND HOLDEN AT BOSTON, ON THIS

EIGHTH DAY OF JANUARY, IN THE YEAR OF OUR LORD,

ONE THOUSAND EIGHT HUNDRED AND TWELVE.

GOVERNOR'S SPEECH.

REPRESENTATIVES' CHAMBER, JANUARY 8.

Jit 12 o"* clocks the Senators attended in the Representatives^
Chamber, agreeably to assignment^ when His Excellency the
Governor came in^ accompanied by his Council^ the Secretary
of the Commomvealth^ and other officers of government ^ and
delivered the following

SPEECH:

GSNfLEMtN OF THE Se^JTE, AND

Gentlemen of the House of REPSESENTArirEs^

An official interview of the delegated friends of
the people, assembled here in various capaciriesj to promote
their general and individual happiness, cannot fail to inspire us
with an ardent desire to attain those important objects, and with
a firm determination, in the pursuit, to be guided by candour,
justice, and unbiassed deliberation.

To divest our minds of party principles and feelings, ever

productive of public and private calamity ; to trace the streams

of contention to their morbid fountain, and to liberate from

them, our happy clime, are indispensable duties* And shall we

270 GOVERNOR'S SPEECH.

not, by a fafthful discharge of them^ render abortive the iikisive
atiernpts oi Joreign influence in domestic guise ; to excite to
phrenzy our brave republican and federal brethren, who, in the
revolutionary war, were united by sincere friendship, and who
never have had reason for dissolving it — to urge them to sheath
their swords in the generous bosoms of each other — and to
render them, alternately, their own criminal executioners ; lest,
when called on by their country, they again may act in unison,
avenge her cause, and repel her haughty and unjust foes ?

What are the causes of our public dissensions ? Let us as-
certain them, and apply a remedy. It may require a full view
of the subject, but will render the most essential service to our
country.

When, as colonists, our charter rights were infringed, and a
political connection with Great Britain was no longer compat--
ibie with the public safety, we united in a common cause, and
determined to die or to be free. We drexv the sword, and threw
away the scabbard. The conflict was with a Sovereign,
who had injured us, too much to forgive us. The God of Jus-
tice commanded our armies, and crowned them with victory.

Congress, placed by Divine Providence on untrodden
ground, attempted, at an early period, a national constitution.
This was in the form of the confederation. It was a feeble
chain ; too feeble to preserve the Union.

At the time when that project was formed, the patriotic ofii-
cers of our army, unrivalled in merit, but ill-requited for their
services, extended their views to hereditary honours. A propo-
sition to this effect, was presented to the Commander in Chief.
He had recently received the plan of the Confederation ; which
to them was then unknown, and uhich precluded that measure.
Justice demanded a generous reward for the officers, and Con-
gress decreed it. This was unavoidably discharged by un-
funded paper. It depreciated to an extreme, and did not
remunerate the officers. They again soared to rewards of
honour, established the order of the Cincinnati, and it was
alarming to the States. To quiet these, alterations w^ere pro-
posed, but failed of adoption. The States viewed the system,
as a bed, thick strewed with the seeds of monarchy. This was
an exotic^ not congenial with our climate, incompatible with
the views of General Washington, and with those of a great
majority of his officers. But the association commenced, and
with it, unfortunately^ but unintentionally on their part, a spirit
of party. Such was the consequence of an unfunded paper
jnediiim, ever prolific of bad effects, and such the result of

GOVERNOR'S SPEECH. 271

unrewarded merit. But it will ever redound to the honour of
the Cincinnati, that its measures have been confined to acts of
benevolence and charity.

Tlie Confederation, in its origin a doubtful experiment, soon
evinced the necessity of amendments, or of another form of
government. A Federal Convention was called, and preferred
the latter. The existing constitution was referred to the States
for ratification, and obtained it : but produced great excite-
ments, and propositions from a majority of the States, for
amendments. Many of these, when modified, were sanctioned
by Congress, and united the people. That convention had
officiated as a national committee, and had reported to the States
the form of the constitution. This, like other legislative re-
ports, was discussed, and like them when adopted, ought for-
ever to have precluded animadversions. But in derogation of
the rights and wisdom of the advocates of amendment, the
happy mean of restoring union, they have been incessantly as-
sailed with reproaches, to perpetuate the Jiame of party.

The revolution of France soon formed another epoch, and
fertile of events unequalled in preceding annals, could not fail
deeply to involve our national, state, and individual interests.
In the destiny of France, was included that of Europe ; and
our citizens, according to their hopes and fears, were again
arranged in political battalia, and were copiously supplied with
inflammables to nourish and increase the spirit of party.

In the pursuit of this subject, it is an unpleasant, but a ne-
cessary task, to revert to the period which preceded the revo-
lutionary war ; and in which existed a sm.ill, but an active
anti-revolutionary party. When hostilities commenced, a por-
tion of it adhered to their king, and quitted the country ; and
the residue remained amongst us. Of the latter, a part con-
ducted manfully, declared their opinions against revolutionary
measures, whilst pending; and supported them when adopted.
Such men merited applause. Some, less active, were still in-
offensive in politics, and were treated with liberality and kind-
ness. But others, and many of their descendants, have been
and continue to be, the secret enemies of the government which
protects them. Of the refugees, a few have been^ commis-
sioned by their king, and ar mitted by our National Executive,
in a public capacity. Some have returned, discharged their
allegiance to our government, and been received with friend-
ship. Whilst others, in the true style of bold intruders, have
increased, if possible, their enmity towards us. Ate not these
disaffected refugees, residents, and their descendants, royalists

272 GOVERNOR'S SPEECH.

in principle and in practice, and are they not justly considered
in this and in our sister States, as the most dangerous enemies
of our peace, government, and union ? Are not the United
States and Great Britain, much indebted for their present dis-
putes, to the machinations of the royalists, aided by British
agents, and disappointed, irreconcileable expectants ? And are
not all these, in fact^ the common enemy of both nations ? — '
Why, in the negociation for peace,was the British commissioner
stretiuoushj for^ and our own ministers "warmly opposed to^ the
return of the refugees ? Was it not foreseen^ that some of them
would be vehement partisans of the British government ? —
Why were the royalists alluded to, violently in favour of the
constitution, without amendments? — Was it not better adapted
to their views, as a step-stone to monarchy ? Why did they
expect, that our revolutionary officers would support such a
system ? Was it because the worth of these had been estimated
by a foreign standard ; and that, of their number a solitary
native Briton, had urged in the federal convention, but urged
in vain, a monarchical project. Why have they taken the name
of Federalists ? Was it to serve as a cloak for enemies in dis-
guise, and for avoiding the censure which awaited their de-
merits ? Why have they mixed with one part only of the revo-
lutionary patriots ? Were they impelled by an enthusiastic
zeal to scourge the other part ; to perpetuate between them, an
implacable hatred ; — and thus to promote their mutual destruc-
tion ? — Why have they considered every charge against them-r
selves, as a charge against Federalists ? Did they wish to iden-
tify themselves with these, whose political views are different
from their own, asrir/wc fromi;zc^; ^s liberty horn, slavery? —
Why have they proclaimed themselves the friends of the con-
stitution and of General Washington ? Did they expect to be
the guardians of that national charter of our liberties, and to be
thus rewarded for their revolutionary exertions, to raise his
fame to the height of Haman's ? Why have they stigmatized
as apostates^ those dignified patriots, who, deeply regretting
and wishing to terminate our political contention, have again
imited with their friends and brethren ? Did they hope by a
blaze of ostensible patriotism, to conceal their want of political
sincerity? Is it not a subject of astonishment that the co-patri-
ots of the revolution, have been so long divided by delusive
measures, concerted, to render the eastern states, the sanguin-
ary Flanders of faction ? Connected with this subject, are pub-
lications from the British gazettes, announcing " that there are
ill the United States, writers in the pay of the English minis ^

GOVERNOR'S SPEECH. 27$

try, to support their government." And if writers^ are there
not ministerial printers here to aid in destroying our own^ and
in re-establishing over us a British government? But without
that evidence can the fact be doubted ? Has not the press, occu-
pied by pensioned writers, been the great engine of European
potentates, to disseminate contention ? Have they not by that
mean, often destroyed the internal harmony of nations, m treaty
with themselves, and made them the slaves cf their own inter-
est? And has not our political bark, from the time she was
launched into her element of Independence, been endangered
by such quicksands ? The liberty of the press is a great, an
inestimable public blessing. It induces learned^ religious^ and
elegant writers, to expose and correct the follies, vices, and
crimes of individuals in society ; and the treachery, corruption
and despotism of officers in government. It demands, then,
as the grand palladium of liberty, and of virtue, the firm sup-
port of the government and people. But the licentiousness of
the press is a great evil, in a free country. — It enables vicious
and prostituted writers and printers, to attack the reputation
and disturb the happiness of private individuals of both sexes,
exemplary, correct and unblemished in their morals ; and to
misrepresent, calumniate and vilify national rulers, patriotic,
diligent and faithful in office. It is often destructive of the
liberty of the press, is reprobated by the wise and good of all
parties, and is the most powerful political battery, of a foreign
government, against a free state. A small appropriation of such
a government for secret services^ would render independent
specious. writers and printers, in every State ; who would daily
supply columns of slander and falsehood, exhibiting the city or
town of their residence, as a hot bed of sedition ; entailing un-
merited odium on its inhabitants ; disaffecting the citizens of a
state ; sapping the foundation of the national government, union
and independence ; and tending to produce a state of anarchy,
and to render as a remedy for this, despotism itself a political
paradise. How indispensable to liberty and to the happiness
of society, is the purity of the press ; ever preserved in free
governments, by the harmony and virtue of the coivimunity !
How fatal to these is a polluted press, that flaming ./S?';2a of party
spirit! The difficulty of drawing the line between the liberty
and licentiousness of the press, is such, as to have greatly pro-
moted the latter, and to have evinced the increased necessity
of discriininating between the discordant friends^ and the de-
cided foes of our country. And is it possible to mistake them ?
Can the Ethiopian change his skin or the leopard his spots V —

274 GOVERNOR'S SPEECH.

Let not then the millions, who are or may be inhabitants of
this immense republic, destined by the God of nature, to be
the resort, and impregnable fortress of Liberty, become victims
or vassals of despotism by means of pensioned writers and
printers, aided by a faction of any foreign nation. And if
amongst the obstacles of our re-union, patriotic, but disap-
pointed expectants should appear, let them reflect, that a Presi-
dent, by the gift of an office, cannot satisfy its numerous vo-
taries ; and that public exertions, flowing from the hope of
oflSces, and terminated by its defeat, characterize neither a
statesman or patriot. Let such be treated with lenity, and they
will rise superior to their causeless chagrin. If any are touched
by the pride of party ^ let them consider, that to err is the lot
of humanity ; that to correct errors, is sublime, but that to be
the slave of them, is in politics, to be theyo^ of liberty.

Having traced the streams, before we proceed to ihe fou?ifain
of contention, permit me, gentlemen, to turn your attention to
our great national concerns ; they demand your most serious
consideration. There are points in them, which it is believed,
are self-evident to the nation, and these among others — That
the destructive wars of Europe, their extent and duration, and
their effects on our political and commercial concerns, have
been far beyond the controul of our federal government : That
whilst each of the great belligerents has uniformly and strenu-
ously endeavoured to draw the United States into his vortex,
and to throw blame on their government for disdaining to be
the dupe of his policy : Our administration, ever alive to the
interests of the states and people, have been zealeus to preserve
peace with all the belligerents ; to exercise patience, while it
was a virtue, and even while it was not a crime ; to discuss
with candour and truth, every subject of dispute between our
own nation and any other ; and to effect, if possible, an amicable
adjustment with all of them ; and also that the royalists have
denied, in almost every instance, the correctness, sound policy
and wisdom of our government, and have laboured abundantly
to stigmatize it with the want of probity, truth, and patriotism.
I have received, on this subject, from the Secretary of State of
the United States, a printed copy of the President's message to
Congress, at the commencement of their present session, fraught
with wisdom, justice and firmness, and also of the documents
which accompanied the message ; all of which I shall order to
be laid before you. ^n attefitive periisaloli them, it is conceived,
will not leave a doubt in yot.r minds, " oi the extinction of the
French decrees, so far as they violated our neutral rights ;" o^

GOVERNOR'S SPEECH. 275

of the effectual measures of the national administration, for
ascertaining the ulterior policy of the French government" re-
lative " to the great amount of American property seized and
condemned under their unjust edicts," and to " other demands
of strict right on that nation ;" or of the firm determination of
our government, by suitable means, to meet those of France. —
Such a perusal may also convince you, That the conduct of
Great Britain towards this nation has increased in hostility :
That, for a series of years, she has insulted our government by
negociations, intended merely to amuse it, and to enable her,
with impunity, to pursue a system of rapine ; — That, she per-
tinaciously continues her orders in council, and unlawful
blockade, with a view to enforce submission to them ; to de-
grade these States to the level of colonies ; to interdict their
commerce, authorized as it is by the public law ; to capture
and confiscate on lawful voyages, the ships and cargoes of their
merchants ; to transfer unjustly, their active property, the na-
tional sinews of war, to her subjects : and to enable these, whom
she has shamefully commissioned, to live by pillage and plun-
der— And that slie also persists in her system of seizing our
brave seamen, and of consigning them to her ships of xrcr, thus
rtn^tvtd the floating pandeinoniums of the ocean. In addition
to these injuries a proclamation, not officially announced, is
publickly declared to have been issued by the Prince Regent of
Great Britain, by and with the advice of his privy council, ma-
king it "lawful, in any ship or vessel," "not belonging to
France or her subjects," " to export from Halifax" and certain
other British ports, " to any port of the United States," ''^from
which Bntishvessels are or shall be excluded,''^ certain " articles,
being the growth, produce or manufactures of Great Britain,"
prohibited by our government ; and also to import into her said
ports," from these States, certain other articles, the exportation
of which is prohibited in British vessels. If this extraordinary
measure, (the authenticity of which has not been denied, and
seems to be confirmed by the increase of smuggling, and by the
general policy of that government to force her trade by such
depraved means) is actually adopted, does it not encourage and
invite the subjects of Great Britain, and our own citizens, to
violate a solemn act, sanctioned as a perfect right, by our na-
tional government ? Z)oes it not place his royal highness on a
level with, lawless smugglers; in the grade of seducers of our
citizens from their allegiance ; and on the list of the violators
of our laws ; at a period too, when by the public law he is in
duty bound to respect that act, as the law of a neutral power ?

276 GOVERNOR'S SPEECH.

Having used as convertible terms Great Britain and her gov-
ernment, it may be requisite to discriminate between them ;
and between her politicians in place, and her statesmen out of
it. — That great and powerful nation whose inhabitants are cele-
brated for their religion, morality, love of liberty, literature, in-
dustry, and valour, is entitled to as much respect and reverence,
as perhaps any nation on earth. Her most able statesmen have
condemned her unjust and impolitic conduct towards us,
which appears to have resulted from her form of government
and from \\tr politicians^ who have administered it. A majority
of her House of Commons is elected by a few individuals, con-
trouled by the administration. The great Chatham reprobated
this "as the rotten part of the constitution, which required
amputation." The consequence has been a system of exe-
cutive infiuencCy a refined term for lawless power, which has
enthralled that nation, and ruined every other, which has
yielded to her policy. And are we not now arrived to the
morbid fountain^ that has long nourished those streams of con-
tention, which have infected our body politic; which have
produced symptoms in it of violent disease ; and which have
rendered indispensable, effectual remedies to prevent its dis-
solution, and to restore it to health and vigour ? Is not this
congenial with the former conduct of that government? Did it
not protect during the revolutionary war, within the lines of
its army, printers who had deserted from these States, and
employ them, to vilify in the most opprobrious terms, the
members of Congress, and their principal officers, civil and
military ? Did not one of those printers declare that he had been
well rewarded./br that service by his Britannic Majesty ? And
did not that King protect in the same manner, men who made
and circulated counterfeit bills of public credit, to destroy the
currency of our own, although a crime punishable by death,
when committed against hs realm? — Calumny^ smuggling,
counterfeiting ! What weapons for a King to wield in war or
in peace !

Would it not require 2l folio, to record the violations of our
rights, whilst colonists, by Great Britain ; and a proportionate
volume, since she acknowledged our independence ? Hive not
numerous instances of this kind been proved to a demonstra-
tion, by our national government and ministers ? Let us then,
to place in a clear light her late co!iduct towards us, apply a few
plain principles of the law of nations.

The public law declares, " That Tuny one attacking a nation,
or violating its perfect rights, does it an injury ; from which

GOVERNOR'S SPEECH. 277

time, this nation has a right to repel him, and reduce the ag-
gressor to reason."

*' That^ If neutrals only continue their customary trade, they
do not thereby declare themselves against a belligerent's inter-
est, they only exercise a right, which they are under no obliga-
tions of sacrificing to him."

" That^ Every nation is obliged to perform the duty of self
preservation." " It is not less obliged to preserve all its mem-
bers. The nation owes this to itself, since the loss of even one
of its members weakens it, and is injurious to its own preserva-
tion. It owes this also to the members in particular, in conse-
quence of the very act of association ; for those who compose
a nation are united for their defence and common advantage.'^

" That, Whoever alienates the subjects of another, violates
one of the most sacred rights of a state. It is the crime dis-
tinguished by the name of Plagiat^ or man stealing ; and is
accordingly punished with the utmost severity."

" That foreign recruiters are hanged immediately ; as it is not
to be presumed, that their sovereign ordered them to commit
the crime, and if they did receive such an order, they ought
not to obey it. If it appeared that they acted by order, such a
proceeding in a foreign power is justly considered as a suffi-
cient cause for declaring war against him."

Thus it appears by the public law, that our national govern-
ment have, for many years past, had a right to repel that mon-
arch, who has invariably violated its perfect rights — That for-
eign recruiters^ who use no force, to enlist volunteers^ are
subject to be immediately hanged — That the press-gangs of
Great Britain, having forcibly taken from vessels of the United
States, their native citizens, have committed crimes of a deeper
die, and have richly merited a similar punishment — And that
man stealing, sanctioned as it has been by his Britamiic Majestij,
in so flagrant a degree, is, and for a long time has been, a just
causeyor declaring Vv^ar against him.

Are not other views of the subject requisite ? By the arbi-
trary interruption of our commerce, on the part of Great Britain,
what heavy losses have been sustained by our merchants, farm-
ers^ and manufacturers ? What a large proportion of their
capitals, and of the surplus of their industry, has been sacri-
ficed ? What injuries have resulted to the whole community ? — -
In regard to our seamen, are there any of our fellow ciiizens, to
whom, in peace, or in v/ar, we are more indebted, than to them ?
To their brave and adventurous spirit, during the revolutionary
war, were we not principally indebted, for supplies of clothing,
38

278 GOVERNOR'S SPEECH.

ammunition and other necessaries for our army ; captured in a
great measure from the enemy ? For ammunition when our mili-
tary operations were paralized by the want of it? No men
'i::oukl be more patriotic, and no class of men sacrificed for their
country, such a proportion of their lives, as did the officers and
seamen, who have navigated under the American flag : ought
not any foreign nation, who had dared to have seized such citi-
zens, in violation of our most sacred rights, to have been served
Vvith a positive demand of them, and in case of a refusal, with a
just and immediate reprisal of as many of her subjects'? What
has been the consequence of forbearance on the part of the
United States ; of submission to such outrages ? Has Great
Sritain diminished, has she not increased them ? Has she not
stolen thousands of our meritorious seamen ; separated them
from their wives, children and friends ; compelled them to
combat friendly nations, to thus endanger our peace with them,
and to aid in destroying our own citizens ? Has she not
doomed them to exile, slavery and death ? Has Great Britain,
since the independence of the United States, treated them with
the respect due to an independent nation ? Will not their de-
graded state invite her to acts not more criminal ; to seize our
landsmen, when requisite for her mines, or for defending her con-
quests in distant climes ? Will not the love of liberty, and eve-
ry principle of patriotism, and of national attachment be
annihilated by our continuing in such a torpid state ? Will it
not entail on us the title <in6. treatment of slaves?

If Great Britain had been v/ise and just, a war with her would
be contrary to the mutual interest of both nations. And under
existing circumstances will it not be a wonderful event to be
solved only by her political blindness, or obstinate injustice ?
Will it not accelerate her own destruction ? This, which it is
in her power to prevent, is not the object of the United States ;
they would deeply regret it. But their existence, as an inde-
pendent nation, depends on their maintaining their rights, or
repelling a further mvasion of them ; and on obtaiiung justice
for past injuries. In support of the dignified and energetic
conduct of our national government, will not the citizens of
this State be ardent to pledge their property, their lives, and
their sacred honour ? The present state of our country, the
spirit of the nation, the union of her citizens, her ability (in her
Zenith) to enforce her rights, the hazard on the part of Great
Mritain of refusing justice ; all conspire to confirm the policy
of decision and vigour, in regard to the United and the indi-
vidual States, — If, at this momentous crisis, the nation should

GOVERNOR'S SPEECH. 279

cease to respect herself^ and shrink from the indispensable duty
oi self preservation, shall we not be urged soon by the advo-
cates of vassalage, to supplicate his Britannic Majesty to admit
us again into his royal favour as penitent subjects, to grant us
his kind protection, to cheer us with his paternal smiles, and
above all, to recommend us to the patronage of his faithful
royalists, in these his dutiful provinces?

Are we not then called on to decide whether we will com-
mit the liberty and independence of ourselves and posterity,
to Xht fidelity and protection of a national government, at the
head of which is a Madison, supported by an executive de-
partment, a senate and a house of representatives, abounding
with revolutionary and other meritorious patriots ? or to a
British administration, the disciples of a Bute, who was the
author of the plan to enslave these States ; and to Americari
royalists, who co-operated with that government, to bind us in
chains, while colonists ; who have been generously forgiven by
Americans, and again admitted into favour ; but who, like in-
grates, are still pursuing our subjugation and ruin? Is it not
morally and politically impossible, that a doubt can exist, in
regard to the choice ? Since then, there no longer exists a
cause for party spirit, in regard to the patriotic Chicimmti, to the
Federal Constitution, or to the two great Belligerents ; since
our disputes with one are adjusted in part, and the residue
thereof is in a train of amicable necrociation ; since our concerns
with the other are reduced to a point, which presents to his
choice, the alternative of justice or war, does not our country
demand of us, as her right, to immolate contention on the altar
of liberty, and to consecrate at her shrine a coalition of

PARTIES ?

For the honour of the nation, and of human nature, let us
now terminate an unnatural, dangerous, and disgraceful spirit
of party, and again convince our internal and external foes,
"that we are all Republicans, that we are all Federalists.''^

It is a subject of congratulation, that, vulnerable as the
United States, in their commerce are, by foreign injustice, they
are rendered by the resources of their country, and particularly
by their agriculture and manufactures, independent of every
other nation. Those can furnish our citizens with the neces-
saries, with the conveniences, and with many of the luxuries
of life. Our territory also, extending far and wide, and
abounding with a variety of fertile soils, and of pure climates,
will excite energies, that will soon supply even imaginary
wants. But do not our manufactories require a serious atten-

280 GOVERNOR'S SPEECH.

tion? The frequent destruction of them by fire, manifestly
applied by incendiaries, and the crimes often practised by gov-
ernments, as well as by individuals, for wealth and influence,
and for destroying competition, render necessary on the part
of this State, the protection of those infant, but inestimable
establishments. The means best adapted to this purpose,
will require your v/isc and deliberate consideration.

The spirit of the Militia is not abated, and cannot be en-
couraged beyond its merit,^or importance. In some parts of
the Commonwealth, there is a deficiency of muskets, which,
for the want of means, cannot be procured by many individu-
als. An immediate remedy for this evil seems to be requisite,
in the present posture of our public aflfairs. — The extent of the
districts and the number of men in several of the divisions of
the militia, having required an increase of these, I have propo-
sed the measure to the Council ; and you shall be duly
informed of the result. The periodical report of the Adjutant
General, presents of this subject a pleasing aspect — The aggre-
gate of the infantry, is 64,902; cavalry, 2994; artillery, 3233;
but the cause of the decrease of the militia may require
investigation, and may flow from the militia law ; which, in
several particulars, requires amendment.

I have endeavoured to discharge the unpleasant, but impor-
tant duties required by the laws of the last session, in regard
to appointments, in a manner that shall best accord with the
public tranquillity and interest. Unavoidable circumstances
have prevented, in a few instances, the completion of this
business.

I have received from the Honourable Governeur Morris and
other gentlemen, being a committee of the State of New York,
a letter on the subject of "opening a communication, by
means of a canal navigation, between the great lakes and
Hudson's river." The propositions of that government, in
regard to this great and important enterprise, appear to be con-
sistent with that liberality, justice, and sound policy, which
always characterise a magnanimous state.

I have received from the Treasurer, his account to the first
of the present month ; by which it appears, that the Common-
wealth has one million dollars in the stocks of the Union and
Boston Banks, and that when the balances due to the Com-
monwealth shall be collected, there will be in the treasury a
sufficient sum to discharge the debts due from the State, and
vi surplus of two hundred and fourteen thousand eight hundred
and twenty-two dollars and sixty-three cents.

> GOVERNOR'S SPEECH. 281

The board of visitors appointed by the act for establishing
" the Massachusetts General Hospital," having had various
duties assigned them, and this amongst others, " to examine
the by-laws and regulations enacted by said corporation, and
if they see lit to disallow and annul the same," were convened,
to consider the first article of the first section of the by-laws in
the words following : " Every person who shall give or sub-
scribe one hundred dollars to the use of the institution, shall be
considered a member of the corporation, and entitled to one
vote, on all questions which may arise at any of its meetings.
Persons subscribing or giving S250 shall in like manner be
entitled to two votes. Persons subscribing S500 shall be en-
titled to three votes. Persons subscribing one thousand and
upwards shall be entitled to four votes. N. B. It being under-
stood that the privileges herein granted, are subject to the pow-
ers vested in the board of visitors, by the act of incorporation,
to disallow and annul the by-laws, if they see fit." By this
provision, on the supposition that the sum required to build
the Hospital, in addition to the value of the Province House,
should be S 100,000, (and it was conceived that a less sum
would be inadequate,) if the average of the donations should be
S 100, one thousand persons would be added to the corpora-
tion ; if S250, eight hundred persons ; if S500, six hundred
persons; and if SIOOO, four hundred persons. In either of
these cases, the existing corporation would be so out-numbered,
as to become mere cyphers, in respect to their authority ; and
there being no data to determine that such was the intention of
passing the act, the board unanimously voted to annul that
article of the by-laws, so as to give to the Legislature an oppor-
tunity of carrying into effect, their intentions, whatever they
may be. The board did not think it honourable, to obtain the
sum wanted by donations, and then to abrogate the article
quoted.

Many institutions of this Commonwealth, which have prom-
ised great benefit to the public, would have met with much
more success, had similar corporations been established. When
one only of any kind is permitted, it too frequently happens,
that a majority of the individuals composing it, indulge their
private views and interest, to the exclusion of men of the most
enlarged, liberal and informed minds ; and thus destroy the
reputation and usefulness of the society itself. The multipli-
cation of such institutions, has a tendency, not only to prevent
this evil, which is an opiate to genius, but to produce a compe-

282 GOVERNOR'S SPEECH.

tition, and to promote in the highest degree the utility of such
estabHshments.

The Annual Report of the Quarter Master General is made,
and it appears, that in this Commonwealth are seventy-one com-
panies of artillery, furnished with one hundred and forty-four
brass field-pieces, with seventy-one tumbrils, and every equip-
ment, to take the field at the shortest notice. But the length
and calibers of the small arms differ so much as to require
attention.

The Report of the Directors of the State Prison has by some
accident been delayed ; but they have conducted the affairs of
it with great ability and attention, and have adopted a system of
ceconomy, which has reduced in a remarkable degree the ex-
penses of that beneficial institution — the report, when received,
shall be duly communicated to you.

During your recess, I have received several anonymous
threats of assassination, for having supported the national gov-
ernment ; and had they been confined to myself, I should have
continued silent on the subject. But this, from appearances, is
part of a system to paralize exertions, in the cause of our coun-
try, and in different shapes has been extended to several gentle-
men of great respectability in and out of office. Our late ven-
erable President Adams, that great and good man, who in our
conflict for liberty, was the pride of Massachusetts, and an
oracle of Congress ; who, for revolutionary services has not
been surpassed by any others ; and who has been publishing
in a series of letters, the history of his political career, a work
promising essential and permanent service to his country ;
merely for this, has been also threatened " with assassination in
his bed." And do the foes of this country expect, by any
means, to check its friends in support of its cause ? Are these
to be paralized by the dread of slander or falsehood ? That
would manifest weakness in the extreme. They fear to do
wrong and nought but that. Are they to be intimidated by
apprehensions for their property, ease, or enjoyments ? Those
would betray a sordid disposition, the birth-right of Slaves.
Are they to be appalled by contemptible threats of death ? The
real prospect of it in their country's cause, can never daunt the
patriotic souls of freemen. They disdain threats, and bid
defiance to every attempt for arresting their duty to the public,
and above all, their support of the national government, the
main pillar of our union, liberty and independence.

The length of this address, produced, by tlic critical state of
our public affairs, prevents a mention of other subjects^ vv'hich

GOVERNOR'S SPEECH. 283

I shall communicate by message, and with it, the documents
referred to on this occasion.

And now, gentlemen, permit me to express an unlimited
confidence in your cool, firm, and wise deliberations ; a fervent
prayer that they may be under the guidance of that Omnipotent
Being, who can never err, and a fixed determination to co-
operate in all your measures, for preserving our inestimable
rights, and for promoting the great objects of national, state,
and individual happiness.

E. GERRY.

284

ANSWER OF THE SENATE.

MAr ir PLEASE rouR Excellencz:

1 HE Senate have heard and considered your
Excellency's communication to both branches of the Legisla-
ture with uncommon interest and peculiar satisfaction. The
present official interview of the delegated agents of the people,
will not, we presume, fail further to promote their general hap-
piness, in the pursuit of which the Senate of Massachusetts
will, we trust, always be guided by candour^ justice^ and
unbiassed deliberation.

The able manner in which the polluted streams of party
spirit are traced to their corrupt sources, and the judicious
means by which our citizens are invited to extinguish it, by a
conciliating union of sentiment and action, in support of the
common cause of our country, at this alarming crisis, are hon-
ourable testimonies of yourExcellency's abilities as a statesman,
and feelings as a patriot.

They cannot fail to inspire our citizens with a just indigna-
tion against /om^n influence in domestic guise, and with a firm
determination to render abortive all its insidious attempts : it
is cause, however, of great satisfaction, to find in tracing the
virulent effusions of party spirit to their origin, that although
all the disaffected to our republican institutions have marshalled
themselves under the standard of Federalism^ the more plausi-
bly to effectuate their destruction, yet that the great body of
our citizens under the denomination of Federalists are in no
wise implicated in the censure ; and we will not at present
suffer ourselves to doubt, that when the sword shall be drawn,
and the United States shall be compelled to vindicate her just
rights and national independence, b) the power of her arms, a
very large proportion of the Federalists, animated with the love
of country, will be found ardently supporting her cause against
her foreign enemy, and forming one solid phalanx with their
Jtepubhcan brethren ; while the wretched remnant, stript of the

ANSWER OF THE SENATE. 285

garb they had surreptitiously assumed, will be left to seek their
safety by flight under the protection of the enemy, whom they
had so faithfully served, or to meet the just punishment of their
crimes and treasons.

When that period shall arrive, the American people will in-
deed be considered "all Republicans, all Federalists."

We believe with your Excellency, that on a candid review
of the conduct of our national government in its foreign rela-
tions, to every citizen, who is not obstinately blind to the in-
terests of his own country, or corruptly devoted to those of a for-
eign nation, these truths must appear self-evident : — that the
extent and duration of the present destructive war in Europe,
the palpable injustice and violation of all public law, which has
marked its progress, and the deleterious enects, which the pirati-
cal decrees of the belligerents have produced on our political
and commercial concerns, have been bevond the controul of
our Federal government ; — that while the belligerents have left
no means untried to associate the United States in their ruinous
conflict, the x\merican administration, always alive to the inter-
ests of the people and the blessings of peace, have been able to
avoid becoming the dupes of their policy ; — that when injured,
they have ncgociated for redress, and when their injuries have
been attempted to be justified ; our rights as a neutral nation,
by able and candid discussion, have been unanswerably vindi-
cated ; — that on every occasion they have evinced the disposi-
tion both of our government and people to be at peace with all
the world, and that by a candid and impartial conduct towards
all, they have given no just cause of complaint to any; — that
in proportion as their desire for peace has been manifested, the
insults and depredations of the belligerents have increased and
accumulated upon our citizens ; the vessels and cargoes of our
merchants have been piratically plundered, and transferred to
the plunderer ; the persons of our seamen have been stolen,
and held in ignominious bondage ; our territorial rights and
national jurisdiction invaded, and our authority insulted ; — that
all these insufferable evils have been met by forbearance, as long
as patience remained a virtue ; — and that now when France has
removed her offensive decrees, as it respects the United States,
and Great Britain refuses to do the same, in violation of her
promise to proceed pari passu with her enemy; open resistance
to them has become the indispensable duty of the American
government; and in so just a v/ar, so unprovoked on our part,
and attended with so many acts of injustice and violence on the
part of our enemy, we may safely appeal to the God of armies
for his aid and protection.
39

286 ANSWER OF THE SENATE.

The encouragement given by the British Cabinet to the law-
less violators of our municipal regulations, are degrading to the
character of tlie sovereign of a great nation : but irom the prin-
ciples avowed by the friends of the British Prince Regent, (when
in opposition to a corrupt court,) have we not reason to hope,
that when clothed with unrestricted sovereign powers, one of
his hrst acts may be, to remove all just causes of animosity
between the two nations ? Should this happily be the case,
much injury to both may yet be avoided ; but if not, the last
resort of nations must be appealed to. In this event, it is pleas-
ing to reflect, that through the inexhaustible resources of our
Country, her agriculture and increasing manufactures, she is
already iijdependent of any nation on earth ; whether in the
necessaries, conveniences, or even luxuries of life : in energy
and martial spirit her citizens have never been wanting, and the
day is not far distant, if her enmity be sought, when no portion
of the North American territory will acknowledge a foreign
Sovereign.

We concur with your Excellency in the belief that much of
the virulence of that party spirit which has disturbed the inter-
nal harmony of our nation, and the social intercourse of our
citizens, and kept alive a uniform spirit of opposition to our
goVernment, on all occasions, has originated in the prostitution
of some of our public presses to the designs of pensioned wri-
ters and editors in foreign pay. The freedom of the press is
essential to a free state, and may be denominated the palladium
of civil and religious liberty ; and while it is confined to the
advancement of science and literature, and the improvement of
manners and morals ; to a free discussion of the conduct of all
public men in their public measures, and a fair inquiry into the
nature and principles of government or religion, it then is indeed
an inestimable public blessing. — But when it becomes prosti-
tuted to the purposes of private scandal, or is made the medium
through which to destroy the usefulness of great and eminent
men, it then becomes licentious and dangerous to the very lib-
erty under which it would sanction itself. The line to be drawn
between the liberty and the licentiousness of the press, is a
work of too much delicacy for legislation to anticipate, and w^ill
be more safely entrusted to the good sense and wisdom of our
juries, who are composed of men, who, in every case that may
be brought before them, will guard, with jealous eye, the ines-
timable privilege of a free press, and be willing to punish its
licentiousness, as the worst enemy of its freedom. How far
the truth may be given in evidence in justification of any sup-
posed libel, and whether, from the nature of our republican in-

ANSWER OF THE SENATE. 287

stitutions, a variation from, or change of the common law ought
to be made, arc not proper sabjects of judicial consideration,
but may demand legislative attention.

The Senate will pay the earliest attention to the Militia Law,
and supply every defect in the munitions necessary to place the
Militia in the most respectable situation.

We highly approve the decision of your Excellency and the
board of visitors of the Massachusetts General Hospital, for
annulling that section of the by-laws, drawn up by a committee
for the regulation of the Hospital, as the existing corporation
would have been so far outnumbered as to render them mere
cyphers. By this judicious procedure, the Legislature will
have another opportunity of directing that establishment on
principles, wise and liberal, and worthy the dignity of the
government which patronizes it.

Competitions in public institutions, whose establishments
are founded on the improvement of useful arts and sciences,
serve as a stimulus to genius ; when one only of a kind is per-
mitted, a majority of individuals composing it, arc apt to indulge
private views and interests, to the exclusion of men of the most
enlarged, liberal, and informed minds ; to be distinguished in
arts, the avenue to science must not be obstructed by a selfish
and monopolizing policy.

We are highly gratified with that part of your Excellencv's
communication, which respects the improvements made in the
government of the State Prison.

We consider it our duty to express our utter indignation at
the authors of the anonymous letters alluded to in your Excel-
lency's communication. \a times of political emergency the
menaces of the incendiary and assassin, are intended to intim-
idate the patriot from the steady pursuit of his duty to his
country ; in justice however to the moral and religious charac-
ter of the citizens of our state, we cannot but believe, that the
wretches who penned them, stand isolated from the rest of
society, and have no protection from the just punishment of
iheir crimes but in the secrecy with which they are committed.
• Any further communications, which your Excellency may see
fit to lay before the Legislature shall receive the earliest and
most prompt attention on the part of the Senate.

Jn Senate, \1th January, 1812.
Read and accepted, and thereupon ordered, that the same
Committee who reported it (Hon. Messrs. King, Tutde, and
White) present the same to his Excellency the Governor.

SAMUEL DANA, Presuknt.

288

ANSWER

OF THE

HOUSE OF REPRESENTATIVES.

Mat PLEASE rouR Excellenct.

x\T no period, since the great national iera of our
country, has the voice of the people called more loudly on
government to respect itself, than the present. — The House of
Representatives have received the address of your Excellency
to their body with uncommon warmth of approbation.

Deeply impressed with the necessity of taking a firm political
stand, the House of Representatives did look to the Chief Mag-
istrate of Massachusetts for a renovation of that inflexible pcr-
severence, a display of those services, and an expression of
those sentiments, which added so much lustre to a former pe-
riod of your Excellency's life.

The public mind is solemnl}' engaged on the passing events,
the public eye is looking steadfastly on the measures now in
agitation, and the public voice is ready to approve or condemn.
It was all important that the highest authority in the Common-
wealth, regardless of personal considerations, should recur to
original principles, fortify the rights of the people, display the
public danger, and if necessar}', act the part of a public accuser.

Perhaps it is too much to expect that party principles and
feelings can ever be wholly eradicated from a free country,
whose citizens enjoy an elective government. Hence a mutual
toleration is a mutucl dut}- ; and shades in principles ought
liot to interrupt social intercourse.

The passions of the people, which, in a Republic never sleep,
are subject to jealousy, which, if not carried to bitterness,
serves as checks and balances. If fidelity to the Constitution

ANSWER OF THE HOUSE. 289

is the pole star of all, whatever differences of opinion may agi-
tate different breasts, no detriment can happen to the Common-
wealth, when all look to the ark of their safety, the great na-
tional Charter. But, when those whose mental treason, self
detected by a whole life of practices, little short of overt acts,
claim to rest on the Constitution, and when pursued and arrest-
ed, justify themselves under benefit of clergy^ through the
liberal spirit of the Magna Charta of the land, toleration to such,
is treachery to the public ; the domestic firehearth becomes an
asylum to the destroyer.

In ascending to first principles, your Excellency has most
satisfactorily deduced the consequences which have resulted
from the revolution. Posterity will never cease to sympathize
with the war-v/orn soldier, who, in giving every thing to his
Country obtained nothing for himself ; and while the Cincin-
nati, like the heroes of antiquity, who were contented with an
emblem of honour, have claimed only a ribbon of distinction ;
and while their motives are wholly devoted to acts of benevo-
lence and charity, would it not be an act of justice, in every State
and Commonwealth, to afford them additional means to soften
the decline of life of the meritorious and distressed survivors
of the revolution. This act of justice is the more pressing, as
the period is near at hand when the last revolutionary soldier
must bid adieu to his country.

It will, doubtless, be a cause of lasting regret to this country,
that the Royalists of the revolution did not, all of them retire
to the country of their preference. — But the mild spirit of those
times felt a repugnance to banish even an enemy, while the
prophetic eye of the people, foreseeing the glorious result of
the revolution, and the future universal prosperity of the coun-
try, thought there would be a sufficient pledge of their fidelity,
in permitting them to enjoy in the general happiness. How
fatally were they deceived I The fathers never forgave this
country her separation from Britain. They died in peace with
a foreign nation and scorned the soil that enveloped their relics ;
and now a double portion of their spirit has revived in their
sons ; who dare to act, ^vhat their fathers never dared to think.
It is the misfortune of humanity that, virtue, too pure to be
communicable, should die with its possessor, while the conta-
gion of a corrupt propensity, possessing a principle of immor-
tality, should infect successive generations. Hence it has hap-
pened \h<ii Massachusetts, who of all other States, during the
revolution, had most to fear from internal enemies, since that
time, even to the present m.oment, has had most to fear from the

290 ANSWER OF THE HOUSE.

same cause. If" these open, undisguised enemies of the
republic, ally themselves to the Federalists, and are merely
tolerated by them, for the sake of counting each one of them
an unit, it cannot be presumed that their anti-constitutional
principles, bursting forth in practices little short of overt acts of
treason, will be acknowledged or sanctioned by the Federalists,
whose name they have borrowed for the destruction of the gov-
ernment. These *■'' bold intruders,'''' whose daily lives are de-
voted to weaken and embarrass the public mind, fixing on the
present political crisis, and claiming to be citizens from the
circumstance of their birth, dare attempt to controul the desti-
nies of the country ; and sentiments, which in former times
wanted an imagination to conceive them, they now dare pub-
lish to the world, and for the truth of them they appeal to the
people ; nay more, they appeal to the name of Washington,
thus heaping reproach on his grave in the name of the country,
while the shade of Hamilton, on whom they called while he was
living, sleeps in undisturbed repose ! The address of your Ex-
cellency will doubtless aiTcst the bold career of noon-day incep-
tive treason, and turn the public eye on domestic partisans of
a foreign power.

The press, like the sun in the firmament, should be unassail-
able. In times like the present, it may be a great evil ; and
when moral sentiment and patriotism decline, it will be the bat-
tering ram to destroy every vestige of liberty. In its wrath it
is a terrible engine ; but like the sun, if he sometimes con-
sume, in his proper course he is the grand dispenser of light
and heat. — The destruction of republics is part of the monar-
chical system. A real republic wears a daily beauty which
renders monarchies odious. The first attempt o^ France to or-
ganize a republic enlisted against her most of the monarchies of
Europe. No wonder, if we have pensioned writers, and pen-
sioned printers in the midst of us. A great British statesman
recently declared in the House of Commons, that one of their
printers deserved a statue of gold for his services in this coun-
try. If printers, during a series of years, fill their weekly col-
umns with libels on the administration of the government, and
pretending to respect the government as distinct from the ad-
ministration, persevere through successive administrations in
opposing almost every act of the government, without approv-
ing one, the House of Representatives believe that such facts
are a sure criterion of a pensioned, ministerial printer. But the
House of Representatives are happy to observe that they believe
the effect produced on the public mind, through the medium

ANSWER OF THE HOUSE. 291 -

of certain public prints, is neither great nor extensive, and that
as a false cry of fire may arouse a whole city, sou single politi-
cal incendiary may frequently disgrace a large community, and
give a momentary impression of general revolt.

On our great national concerns there can be but one opinion.
Our government have held forth the olive branch until its leaves
are withered; they have addressed themselves to justice until
her scales are become inverted. They have forborne until for-
bearance has invited new aararressions. Placed by our com-
mercial importance as an object of jealousy between the two
great belligerents, our country has in many instances been sa-
crificed by both ; and the effects thereby produced on our
commerce have been utterly beyond the conlroul of the federal
government. The period is now come, when this country must
cease to be an independent power, or reclaim her usurped
rights. Britai?!, whose unhappy destinies have sunk her mto a
piratical State, and whose wrongs to this country have accumu-
lated through a protracted negociation until redress has become
hopeless, still amuses the United States with the residence of a
minister, who, before he can settle one point of an old contro-
versy, is called upon to answer new causes of complaint. Thus
murder, rapine, legalised plunder, wanton impressments of our
seamen, and last of all, smuggling, have accumulated the cata-
logue of her crimes, until negociation in diplomacy means de-
lay, and the threshold of preliminaries the ultimate object of the
British cabinet.

The nation, may it please your Excellency, are looking with
an anxious eye to the federal administration, ready to support
them, if they will support the cause of the Country. Let the
federal government adopt their measures, let them proclaim to
the people their ultimatum, let them call upon the freeholders
and the veomanrv of the soil, and the lion-like voice of dislov-
alty will soften to the sound of the cricket in the wilderness.
The strength of this country is Herculean, she slew the serpent
in her infancy, and her union has gathered strength with her
years. Her patience is at length exhausted ; her vengeance is
collecting, her voice is now speaking to the capitol, " Protect
the People.''^ Preceding the Revolution, a far less worthy prin-
ciple than a question of Man- Stealing, in its consequences,
severed these States from Britain. If government once con-
tended seven years for a free principle, shall fiuhers, sons, hus-
bands and brothers, at this day, call in vain on their country
from their disgraceful bondage ? If to scourge a citizen, a Ro-
man Senate once thought it a just cause of war, shall the groans

292 ANSWER OF THE HOUSE.

of thousands of our citizens which pervade our ears with every
Atlantic wind that blows, be heard in silence ? Surely a nation
which has but just arrived to half the age of man, will not, while
one drop of blood animates her frame, surrender all her rights,
one by one, to a power, now become the Buccanier of the
ocean.

Under these circumstances, the House of Representatives re-
ciprocate your Excellency's sentiment, that the present is the
moment, when shades of difference in politics ought to mingle
in union, and one common glow of patriotism ought to warm
every bosom, that all our enemies may be assured, there is no
essential difference between a federal republican, and a republi-
can federalist.

The internal resources, the local situation, the variety offer-
tile soils of the United States, render this country entirely inde-
pendent of foreign nations. Our agriculture and manufactories,
can easily supply all our wants ; but the frequent destruction
of our manufactories by fire, render it probable, that incendiary
attempts are part of the system of those who suffer most, by the
flourishing state of our domestic manufactures.

The Militia, the great bulwark of the land, will ever claim
the particular attention of the House of Representatives. Spain
and Portugal, evince how much a country may be indebted to
her patriotic militia ; while Prussia, relying solely on her im-
mense standing army, lost her sovereignty in a day. Perhaps
it may be an act of justice to make some provision for those,
whose large families and narrow circumstances render their
military duty a peculiar burden.

Your Excellency's communication on the project of a great
canal by our sister State of New York, has been received with
that liberality of feeling towards its success, which ought to
characterize the Commonwealth of Massachusetts.

The various institutions of the Commonwealth, both of
practical use, and novel experiment, contemplated projects of
general utility, particularly those embracing for their object an
extension of the arts and sciences, those great first principles
of manufactures and new inventions : all new attempts to ex-
tend social intercourse, and excite the humane mind to a lauda-
ble emulation, will ever receive the fostering care of the Legis-
lature.

The House of Representatives hear with surprise and deep
concern the wanton attack on your Excellency's domestic repose,
an act of outrage unexpected in this country. It was a vain
attempt to deter your Excellency from the path of your duty.

ANSWER OF THE HOUSE. 293

As well might the threatening dagger of Porsenna^ have arrested
the course of the Roman commander. With equal regret do
they learn, that the great and venerable sage of Quincy, the
late President Adams, has been threatened with assassination.
It is the peculiar misfortune of this Commonwealth, that the
enemies of the United States have, most of them, rendezvoused
in this capital and its vicinity. — We assure your Excellency,
that any outrage offered to your person, is an attack on our own
body.

And now, may it please your Excellency, permit the House
of Representatives to reciprocate your fervent prayer that the
deliberations of the present Legislature may be under the
guidance of an Omnipotent Being.

RESOLVES*

January, 1812.

LXX.

Resolve granting Jacob Kuhn iS5O0, to pay for fuel.
10th January, 1812.

Resolved, That there be allowed and paid out of the treasury
of this Commonwealth, to Jacob Kuhn, messenger of the Gen-
eral Court, the sum of five hundred dollars, to enable him to
pay for fuel, and such other articles as may be necessary for
the use of the General Court, together with the Governor and
Council's chamber, the Secretary's and Treasurer's offices ; he
to be accountable for the expenditure of the same*-

LXXI.

Resolve respecting the fire at Richmond, expressive of the sot'

row of the government arid people of Massachusetts.

13th January, 1812.

The Members of the Legislature of this Commonwealth
deeply affected by the sudden and awful calamity, which has
deprived the state of Virginia of its Chief Magistrate, and the
city of Richmond of many distinguished inhabitants, by a con-
flagration,in its effects, unexampled in the history of their coun-
try, cannot forbear the expression of the unaffected sorrow and
sympathy which they, in common with their constituents, feel
on this melancholy occasion. In testimony whereof, it is re-
solved, that we will wear the usual badge of mourning on the
left arm, for the space of twenty days.

Resolved, That his Excellency the Governor be requested
to transmit a copy of this resolve to the Executive of the state
of Virginia, to be communicated, as may be thought proper, to
the Legislature of that state, and the afflicted inhabitants of
Richmond.

296 RESOLVES, 14th January, 1812.

LXXII.

Mesolve directing the Secretary to examine the state of the
papers and records in his office^ and report. 12th February, 18 12.

Fesolved^ That the Secretary of this Commonwealth be, and
hcreb} is directed, to examine the state and condition of the
public records and state papers, muniments, maps, and docu-
n-ents of every description, now remaining- in his office, and
that he do report the state and condition thereof, at the first
scbsion of the next General Court ; and he is hereby further
directed to form a correct, proper, and detailed inventory of all
such records, state papers, muniments, maps, and documents,
and also to report whether any measures are necessary and ex
pedient to preserve the same.

LXXIII.

By the Legislature. 14th January, 1812.

Ordered, That the President and Fellows of Harvard College
be, and they hereby are requested to cause to be laid before the
Legislature of this Commonwealth, as soon as conveniently
may be, a true copy of the charter of the College, together with
all the lav/s, by-laws, rules, and regulations which have at any
time been made or passed, and are now in force, for the well
ordering and governing the said College, its officers, members,
or students; and that the said President and Fellows be, and they
hereby are also requested to cause a true statement of ail the
funds, whether real or personal, of that corporation, to be laid
before the Legislature, and the manner by which the same
were acquired, whether by grants of the government, donation
and bequest of individuals, or otherwise; and how the same are
secured, and to what uses the same are limited by the said
grants or bequests, and how the same have been applied ; and
also a statement of the funds which are under the management
of the Corporation of Harvard College, the rents, issues or
profits of which do or may accrue to any description of persons
whatsoever, and how the same are applied; and also a statement
of the salaries perquisites, and compensation of the President,
P'ofessors, Tutors, and other officers of said College, and from
what funds the same are severally paid ; and that the Secretary
be directed to serve the President and Fellows of that Corporation
with a copy of this order ; and also that an account of the ex-

RESOLVES, 14th January, 1812. 279

pcnses which may be incurred by said corporation, in compli-
ance with this request, be laid before the Committee on
Accounts for their allowance, and that the same be paid out of
the treasury of this Commonwealth.

His Excellencrj the Governor's Message to both Houses.

Gentlemen of the Senate, and
Gentlemen of the House of Representatives,

The Secretary is directed to lay before you the documents
which relate to my communications on the 10th instant, and
which are classed according to their respective numbers.

No. 1 Contains the printed copy of the President's message to
Congress, and

2 The documents which accompanied it.

3 An attested copy of the proceedings of the Board of

Visitors of the General Hospital.

4, 5, 6, 7 Contain the periodical report of the Adjutant
General.

8, 9, 10, 11 The letters from New- York, the law on which
they are founded, and the map of the route of the
Canal for opening a navigation between the great
Lakes and Hudson's river.

12, 13 The Treasurer's annual account, and

14, 15 The Quarter Master General's report, both to the
first of the present month.
Amongst the subjects which were referred to in this message,are

16, 17 A circular letter from the national Secretary of
State, dated the 27th of December last, and "An
act for the apportionment of Representatives among
the several states, according to the third enumera-
tion."

18 The report of the Hon. John Welles and other gentle-

men, commissioners, who were appointed at the last
session " to examine, liquidate, adjust, and settle
the accounts of Thomas Harris, Esq. late treasurer
of the Commonwealth, and to perform other duties;
and who were directed to make their report at the
present session of the General Court.

19 A letter of resignation of the Hon. David Tilden, and

of James Prince and Amasa Stetson, Esquires, as
Directors on the behalf of the state, at the Boston
Bank.

298 RESOLVES, 14th January, 1812.

No. 20, 21 A letter of the 18th of November last, from Mr.
Samuel Swett, of Boston, an executor of the will
of Madam Esther Sprague, with an attested extract
of her will, committing to her executor, in special
trust, IS4000, for the use of an hospital, if estab-
lished withm three years after her decease.

22 The proceedings of the state of New Jersey of the 24th
of October, 1810, disapproving of the amendments
of the constitution of the United States, proposed
by the states of Massachusetts, Pennsylvania, and
Virginia.

23, 24 Those of Tennessee of the 21st November, 1811,
disapproving in like manner of the same proposed
amendments.

25 The proceedings of New Jersey of the 13th of Febru-

ary, 1811, for ratifying an amendment to the Fed-
eral Constitution, proposed by Congress, for pre-
venting titles of nobility and honour,and also emolu-
ments to the citizens of the United States from
foreign potentates and powers.

26 Those of Pennsylvania of the 27th of February, 1811,

27 Of Maryland of the 25th of December, 1810.

28 Oi Vermont of October, 1811.

29, 30 Of Kentucky of the 29th of January, 1811. Of
Tennessee, in numbers 23 and 24, of the 21st of
November, 1811.
31 And of Ohio of the 31st January, 1811, all for the

same purpose of ratification.
52, 33, 34, 35, 36 Several Letters received from a respec-
table citizen of this Commonwealth, and a revolu-
tionary oflicer, Col. Joseph Ward, on his claim for
the redemption of bills of credit, formerly known
by the name of bills of the new emission. This
application, which manifests a deep sense of injury, should have
been made, in the first instance, to the House of Representa-
tives of this Commonwealth, the grand inquest of the state, to
redress private as well as public grievances ; and having the
utmost reliance on their wisdom, justice, disinterested and
correct conduct, the subject, I conceive, requires no comments.
The act of the last session, " providing for the appointment
of clerks of the Judicial Courts in the several counties, and for
other purposes," authorized the appointment of one clerk in
each county of this Commonwealth, but it having been found
that in the county of Suffolk two clerks have been requisite,

RESOLVES, 16th January, 1812. 299

the incumbents have been continued in office until the sense
of the Legislature can be ascertained on this point.

Council Chamber, Uth January, 1812.

LXXIV.

Resolve on the petition ofEphraim Willanl, directing the Treas
urer to issue a new note. 16th January, 1812.

On the petition of Ephraim Willard, statine that on th^
tvventy-nmth day of May last he lost a state note, No.475 dated
August 30, 1810, for the sum offive hundred a ,d n „e doUars
and cghty-eight cents, the property of the totvn of Char ton'
and pray.ng that the same may be renewed '

/e«oW, That the treasurer of this Commonwealth be and
he hereby is directed to issue a new note for the same sum
and of the same number and date, and bearing the same rate of
interest to the sa,d town of Charlton ; the said petitToner first
giving bond to the satisfaction of said treasurer, cCd Soned to
indemnify the Commonwealth from all demands wS mw
hereafter arise on account of the note lost as aforesaTd ^

LXXV.

Besohe appointing a Committee to collect and cause to be printed
the charters and general lav,s of the late Colony and Province
of Massachusetts Bay. 16th January, 1812.

and Joseph Story, Esquires, be a committee, at the expense of
the Commonwealth, to collect the charters ind the puE and

?,' '^"'^ ''"J *e said committee be, and they are herebv
authorized when the same laws and charters shalfbe collected
as aforesaid, to cause five hundred copies thereof to be pmd
at the expense of, and for the use of this CommonweaUh m ^
volume of the roya octavo size, with suitable title pa^e run-
ning titles, and analytical indices : and the said committee are
hereby further authorized to add, in an appendix, any other
documents or laws which they may deem proper to explain tlt^
jurisprudence of this Commonwealth ; and that the s.^d ^m
™.ttee be required to proceed, as soon as conveniemlv mayTe"
in the execution of the purposes of this resolve. ^

300 RESOLVES, 16th January, 1812.

And be it further resolved^ That the said committee, after
they shall have collected and examined the same laws, report
to the Legislature such laws as are not repealed, and which,
in their opinions, require to be repealed.

LXXVL

Resolve directing the manner in which the Laws and Resolves
shall be printed in future. 16th January, 1812.

Resolved, That the Laws of the Commonwealth which shall
hereafter be passed, at the several sessions of the General Court,
shall be printed in volumes of the royal octavo size ; each vol-
ume to contain not less than seven hundred pages, and to have
suitable title pages and analytical indices, and that the laws
passed from the beginning of the May session of one year to
the beginning of the May session of the next succeeding year,
shall be divided into chapters, and shall be printed together in
the same volume; and until a volume of the laws shall from time
to time be formed as aforesaid, temporary title pages and indi-
ces shall be added to the laws which shall be printed from ses-
sion to session of the General Court.

And be it further resolved, That the Resolves which shall be
hereafter passed by the General Court, shall be printed in vol-
umes of the same size, in the same manner, and with suitable
title pages, running titles and indices.

And be it further resolved. That it shall be the special duty
of the Secretary of the Commonwealth, to superintend the pub-
lication and printing of the laws and resolves of the General
Court, as the same shall be passed at the respective sessions
thereof, and to examine and compare the printed copies of such
laws and resolves with the originals, and to print, and annex to
the printed copies his certificate of such examination, and of
the errors, if any, in such printed copies, to the end, that the
laws and resolves of the Commonwealth may be duly and ac-
curately promulgated.

And be it further resolved, That this resolve shall be prefixed
to the printed copies of the laws which may be passed at the
present session of the General Court, and shall also be prefixed
to the next volume of the laws of the Commonwealth, which
shall be printed in pursuance of this resolve.

And be it further resolved. That the laws which shall be
passed at the present session of the Legislature, shall constitute a
part of the fifth volume of the laws, and shall be paged, indexed,
and divided into chapters accordingly.

RESOLVES, 18th January, 1812. 3®1

The folio-wing Message rvas received from the Governor^ on
the subject of the State Prison.

Centlemen of the Senate, and

Gentlemen of the House of Representatives,

The report of the Directors of the State Prison, which was
unavoidably delayed by the time required to carry into effect
their new system, remarkable for its order, precision and rules
of economy, will, I conceive, evince the fidelity, abilities and
exertions of those officers and of the Warden, and be pleasing
to the Legislature.

The arrangements of the fourteenth, fifteenth and sixteenth
new divisions, are completed and numbered 39, 40, 41 ; others
are in contemplation. In addition to the appointments of Major
Generals requisite for those divisions, a vacancy exists by the
acceptance of the resignation of Elias H. Derby, Esq. the late
Major General of the second division.

In the county of Somerset, Ithamar Spaulding, Esq. of
Norridgevvock, has been appointed and commissioned Chief
Justice of the Court of Sessions. A gentleman, who had
mistaken him for another person, had given misinformation to
the Executive on this subject ; — this circumstance was imme-
diately communicated to Mr. Spaulding, with a request that he
would return the commission ; — but he has neglected to do it,
and being considered by the Executive, iis an improper person
to fill that office, has rendered necessary this information.

There are also two officers, Lieut. Petty Vaughan, and
Ensign William Emmons, of Hallowell, being in the 13th divis-
ion of the militia ; the return of Vvhose elections was forwarded
without a protest, which had been promptly made against them,
and which contained facts, that in my mind, annulled the elec-
tions. They were apprized of this, and although requested,
have refused to return their commissions. The letter which
the Adjutant General addressed to them by mj"- direction, their
answer, and other documents relating to the subject, are num-
bered 42, 43, 44, 45. On these matters, I shall await the
decision of the Legislature.

E. GERRY.

Council Chamber^ \%th January^ 1812.

302 KESOLVES, 2 ist January, 1812.

LXXVII.

Resolve f^-ranting to the Attorney and Solicitor Generals^ S800
each^ in addition to their salaries. 21st January, 1812.

Resolved, That there be allowed and paid out of the public
treasury, to Perez Morton Esq. Attorney General , and to
Daniel Davis Esq. Solicitor General, the sum of eight hundred
dollars each, in addition to their salary established by law
which shall l)e in full for their services, and salary, to the first
day of March, 1812.

LXXVIII. ^

Resolve correcting a mistake hi resolve of 26th June last., on
the petition of Eldad Parsons and Joseph Bridgman jtin.
21st January, 1812.

Whereas at the last session of tiie General Court, viz. on
the 26th day of June last, a resolve was passed on the petition
of Eldad Parsons and Joseph Bridgman jun. of Belchertown,
praying compensation for certain services therein mentioned,
but in said resolve the name of Elijah Bridgman jun. is inserted
by mistake instead of Joseph Bridgman jun. one of said peti-
tioners. Therefore,

Resolved, That the said resolve, passed on the 26th day of
June last, shall be considered and have the same effect as if the
name of Joseph Bridgman jun. had been therein inserted,
instead of the name of Elijah Bridgman jun.

LXXIX.

Resolve establishing the pay of the Council and Legislature.
21st'January, 1812.

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 attendance the present session ; and the like sum of two
dollars for every ten rniles travel, from their respective places
of abo:ie, to the place of the setting of the General Court.

And be it farther resolved. That there be paid to the Presi-
dent of the Senate, and Speaker of tlie House of Representatives,
two dollars per day, for each and every day's attendance, over
^ind above their pay as members.

RESOLVES, f^lst January, 1812. 305

LXXX.

Resolve for paying Hon. Joseph Story,, late Speaker of the
House of Representatives. 2 1 st January, 1812.

Resolved^ That there be allowed and paid from the public
treasury, to the Hon. Joseph Story Esq. the sum of twenty
dollars, being in full for his services as Speaker of the House of
Representatives, in addition to his pay as a fuember of this
House, during the present session ; and that his Excellency
be authorized and requested to draw his warrant on the Treas-
urer accordingly.

Gentlemen of tlie Senate, and

Gentlemen of the House of Representatives,

It being officially announced that the Indians complain, ''they
cannot receive the usual supplies of goods, by reason of the
non-importation act, and that they are not to be purchased
within the United States." I submit to your consideration,
whether it is not incumbent on thia State, to use the means iu
its power, for enabling the national government to rise superior
to such an humiliating circumstance.

In the year 1775, when our war with Great Britain com-
menced, and when immediately preceding it, anon-impor-
tation act had been strictly carried into effect, the State
of Massachusetts, apportioned on their towns respectively
to be manufactured by them, the articles of clothing, wanted
for their proportion of the army, which besieged Boston, fixed
the prices and qualities of those articles, and they were duly
supplied within a short period. Thus, before we had arrived at
the threshold of independence, and when we were in an ex-
hausted state, by the anticedent, voluntary and patriotic sacri-
fice of our comimerce, between thirteen and fourteen thousand
cloth coats were manufactured, made and delivered into our
magazine, within a fev/ months from the date of the resoh g
which first communicated the requisition.

Thirty-six years have since elapsed, during twenty-nine of
which we have enjoyed peace and prosperity, and have encreased
in numbers, manufactures, wealth and resources, beyond the
most sanguine expectations.

All branches of this government have declared their opinion,
and I conceive on the most solid principles, that as a nation we
are independent ofevery other, for the necessaries, conveniences
and for manv of the luxuries of life. Let us not then at this

S04 RESOLVES, 23d January, 1812.

critical period, admit any obstruction which we have power to
remov^e, to discourage or retard the national exertions for assert-
ing and maintaining our rights, and above all, let us convnice
Great Britain, that we can, and will be independent of her, for
every article of commerce, whilst she continues to be the osten-
sible friend, but implacable foe of our prosperity, government,
union and independence.

Bv calling on the inhabitants of this State, and offering them
reasonable prices, there exists no doubt, in my mind, of our
abihty to supply every article of clothing, which may be
wanted for our proportion of troops, that may be required to
carry on a defensive or most vigorous offensive war, and at the
same time every article wanted for the Indians.

But if this should appear in any degree a doubtful point,
cannot the wealthy and manufacturing States of Massachusetts,
New York and Pennsylvania, and those north of the latter, effect
that object ?

The question requires not a moment to give a prompt and
affirmative answer ; the Legislature then, having a thorough
knowledge of the resources of this Commonwealth, of her
ability and her disposition to draw them forth on such an
important occasion, leave nothing necessary to be added on this
subject.

Council Chamber J 2lst January^ 1812.

E. GERRY.

LXXXL

Resolve directing the Treasurer respecting his charging the
toxvns for Representatives'' pay, the last session, above twenty
days. 23d January, 1812.

Resolved, That the Treasurer be directed in charging to
each town the pay of their Representatives, for the last session,
over and above the first twenty days, as provided for by a
resolve passed the last session, reference should be had to their
attendance individually from each town, and not collectively.

RESOLVES, 24th January, 1812. 305

LXXXII.

Resolve appropriating S1200, to meet the current expenses of
the Comrnissioners appointed to determine the claims of certain
claimants to lands., in the county of Lincoln, 24th January,
1812.

On the petition of the Attorney General, praying that an
appropriation may be made to meet the expenses of the Com-
missioners appointed under the resolve of the Legislature,passed
June 20th, A. D. 1811, and their Clerk, and of the Attorney
General, and other incidental expenses accruing on that com-
mission.

Resolved, That there be, and hereby is appropriated and set
apart, the sum of twelve hundred dollars, for the purpose of
meeting the current expenses of the commissioners, appointed
under the resolve of the Legislature, passed June 20th, A.D.
1811, and their Clerk and those of the Attorney General,
to be paid out of any monies in the treasury, not otherwise
appropriated ; and his Excellency the Governor is hereby
authorized and requested to draw his warrant or warrants on the
Treasurer for the payment of any such sums, within the appro-
priation aforesaid, as he in his discretion shall think adequate
and sufficient to meet the expenses aforesaid.

LXXXIIL

Resolve granting TVilliam Donnison Esq. ^100, for his services ,
is'c. as Adjutant General^ to \st January, 1812. 24th Jan-
uary, 1812.

Resolved, That there be allowed and paid out of the public
treasury of this Commonwealth, to William Donnison Esq.
the sum of seven hundred dollars, in full compensation for his
services as Adjutant General, and for office rent, and Clerk
hire in his said office, to the first day of January current.

306 RESOLVES, 28th January, 1812.

LXXXIV.

Resolve on the representation of John C. Williams^ authorizing
him to pay monies for the support of Esther Gardiner. 28th
January, 1812.

On the memorial of John C. Williams, of Pittsfield, in the
county of Berkshire, administrator on the estate of Benedict
Sheldon, a natural son of Esther Slieldon, alias Esther Gard-
ner, of late years a resident at Deerfield, in the county of
Franklin, praying that the said administrator may be author-
ized to pay over to the support of said Esther, a sum of money
(a residuum of the estate of said Benedict, afterpayment of his
just debts and funeral charges), which would otherwise escheat
to the treasury of this Commonwealth.

Resolved^ That, for reasons set forth in said memorial, the
said John C. Williams be, and he hereby is authorized and
required, from time to time, to pay over to the overseers of the
poor of said town of Deerfield, yearly, such sums of money
out of said surplus that may remain in his hands, of the estate
of said Benedict, as may be necessary in the opinion of said
overseers, to aid in the support of the said Esther, in her sick-
ness and old age. Provided however^ That should she decease
before the whole sum may be prudentially expended, the said
administrator shall be holden to pay the residue or balance re-
mainins: in his hands into the treasury of this Commonwealth.

LXXXV.

Resolve for paying the roll of the committee on the State valu-
ation. 28th January, 1812.

Pay Roll of the Committee on the State valuation, for their
travel and attendance, on that business from Wednesday the
6th day of November, 1811, to 7th January, 1812.

Total
J\''o. of miles JlmoiirH of Days at- Amount of travel &

travel.

teiulance.

attendance.

attend.

John Woodman,

120

;S24

S198

iS222

Nathan Willis,

162

172

William Kmg,

165

James Means,

130

162

188

Francis Carr,

300

183

243

John L. Tuttle,

177

181

Samuel Day,

168 .

174

RESOLVES, 28th January, 1812

307

Total

Yo. of miles

Amount

Days at-

Amount of

travel &

travel.

of travel.

teiulance.

attendance.

attend.

Walter Fol^^er jiin.

135

198

225

Silas Holman,

186

193

Joshua Green,

132

150

Thomas Stephens,

180

185

James Robinson,

168

Benjamin Weld,

144

Charles Davis,

165

Samuel Dunn,

171

Joseph E. Sprague,

Nathaniel Wade,

192

199

Stephen Howard,

192

201

Joshua Chandler,

177

183

Nathan Chandler,

189

192

Jacob Reeves,

189

193

John Kettell,

171

Daniel Varnum,

189

195

Daniel Mitchel,

186

192

Abner Brownell,

174

188

Elkanah French,

174

183

John Dillingham,

198

216

Samuel Wheldon,

100

198

218

William Brewer,

Thomas Hale,

198

212

Nathan Fisher,

162

169

Hutchins Hapgood,

156

170

Jonas Sibley,

162

171

Jonathan Brewster,

120

162

186

Jonathan Smith,

100

192

212

Samuel Porter,

100

177

197

Hezekiah Newcomb,

115

168

191

Benjamin Wheeler,

145

198

227

Samuel H. Wheeler,

140

135

163

William Hobbs,

198

216

Joseph E. Foxcroft,

Enoch Preble,

130

198

224

Mark L. Hill,

175

174

209

Farnham Hall,

EleazerW Ripley,

Gegrge Crosby,

185

180

217

John Hovey,

200

198

238

Elias S to well.

180

2.6

198

234

John M'Millan,

308 RESOLVES, 28th January, 1812.

Total
J^o. of miles Amount of Bays at- Amomil of travel &
travel. travel. tendance, atteiidance. attend.

William Vinal, 250 50 43 129 179

Oliver Shead, 4 12 12

^^ Total, S8477

The Committee of both Houses who have had under consid-
eration, the compensation to be allowed and paid to the mem-
bers of the valuation Committee, submit the following :

JOHN HOWE, per order.

Resolved^ That there be allowed and paid out of the treasury
of this Commonwealth, to the several persons, members of the
Committee of valuation, named in the foregoing roll, the several
sums therein annexed to their respective names, in full com-
pensation for their travel and attendance as members of said
Committee ; and his Excellency the Governor is hereby re-
quested to draw his warrant on the treasury for the payment of
gaid sums accordingly.

LXXXVI.

Resolve on the petition of Robert Green, directing his discJiarge
from Worcester gaol. 28th January, 1812,

On the petition of Robert Green, of Petersham, in the county
of Worcester, praying to be discharged from a judgment in
favour of the Commonwealth, and a warrant of distress which
issued thereon, by which the said Robert is now imprisoned in
the common gaol in the town of Worcester.

Resolved, for reasons set forth in the said petition. That the
said Robert Green be, and he hereby is discharged and fully
released from the said judgment and warrant of distress, and
that the Sheriff of the county of Worcester be, and he hereby
is authorized and empowered to discharge the said Robert
Green from his imprisonment on the said warrant of distress.
Provided however , That the Commonwealth shall not be sub-
jected to any cost or expense which may have accrued for thq
support of said Robert during his confinement thereon.

RESOLVES, 3d February, 1812. 309

LXXXVII.

Mesolve on the petition of Joseph Blake^ authorizing the Judge
of Probate, for the County of StiJJolk, to appoint Comma-own-
ers to examine his claim against the estate of George Domet.
3d February, 1812.

On the petition of Joseph Blake, praying that the Jiidg-e of
Probate, for the county of Suftblk, may be authorized and em-
powered to appoint commissioners to receive and examine his
claim against the estate of George Domet, late of Boston, in
said county, deceased, which has been rendered insolvent; and
setting forth that since the distribution of said estate among ihe
creditors of said deceased, certain assets have come into the
hands and possession of his executors, which they are ready to
distribute as the said Judge of Probate may decree. *

Resolvedy for the reasons set forth in said petition. That the
said Judge of Probate, for the county of Suifolk, be, and he
hereby is authorized and empowered to appoint commis-
sioners to receive and examine the said claim, and any other
claim against the estate of said Domet which may be presented
to them,for allowance ; and that the said Judge of Probate be
further authorized and empowered to order and decree, that
such sum of money or other estate as may be remaining
in the hands of said executors, shall be distributed in rateable
proportion among the creditors of said deceased who have
already proved their claims, or whose claims may be hereafter
allowed ; and that the said executors be, and they hereby are
empowered and directed to distribute the same accordingly.
Provided however, That in case the claim of said Blake shall
be wholly rejected by the said commissioners, he shall be
chargeable with all the expense which may accrue in the ap-
pointment of said commissioners, and in their proceedings
under the said commission.

LXXXVIII.

Resolve on the petition of John Wait, making valid certain
ajfidavits. 3d February, 1812.

On the petition of John Wait, of Boston, in the county of
Suffolk^ merchant, administrator of the estate of Smn on Holt,
late of iMedford, in the county of Middlesex*, blacksmith, de-
ceased, intestate, praying that the affidavits hereinafter nicn-
42

310 RESOLVES, 3d February, 1812.

tioned, to wit, the affidavit b)^ him the said administrator, made
in the Probate Court in and for said county of Middlesex, on
the fourteenth day of December, A. D. 1810, of his proceedings
relating to the sale of the whole of the real estate of said de-
ceased, except a pew in Medford meeting-house, and to the
sale of the said intestate's widow's dower, which said John Wait
states that he had purchased of said widow, previous to said
sale thereof, and now recorded with a copy of each of the noti-
fications of the time and place of said sales, in the registry of
Probate in and for said county of Middlesex ; and the affidavit
of Richard Skinmier, of said Boston, by him made in said Pro-
bate Court, on said fourteenth day of said December, relating
to his posting, at the request of said administrator, said notifi-
cations, as the law requires, and rjow recorded in said registry,
may be valid, and have the same force and effect in law, as if
the same had been made within seven months after the day of
said sales, as the law requires.

Resolved, That the prayer of said petition be granted, and
that said affidavits, made and recorded as above mentioned, shall
be valid, and have the same force and effect in law, as if the
same had been made in said Probate Court, and recorded in
said registry within seven months after the day of said sales,
any law, usage, or custom to the contrary notwithstanding,

LXXXIX,

Resolve on the petition of Thomas Allen and others. 3d Feb-
ruary, 1812.

Whereas Henry Howard, late of Hinsdale, in the county of
Berkshire, deceased, Solomon Williams Colt, and Obadiah
Smith, both of said Hinsdale, in March 1805, purchased of
Mark Hopkins, Nathaniel Hedges, and John Russell, a certain
tract of land lying near Merriman's mills, in said Hinsdale, and
bounded as follows, viz. beginning at a large rock, near the
middle of the river, below the dam of the oil mill, erected by
said deceased, which rock, in part, supports the foot bridge
across the river by said oil mill ; thence running easterly par-
allel with the north end of the woolen factory standing on
the premises, to a line running six feet from the front of said
factory, and parallel therewith ; thence south on the last men-
tioned line, to a line running easterly and westerly, one rod from
the south end of the old part of said factory, and parallel there-
with I thence westerly on the last mentioned line to the centre

RESOLVES, 3d February, 1812. 311

of the river ; thence in a direct line to the place of beginning,
together with the said factory, standing on the premises, and
all other, the appurtenances and privileges thereto belonging,
which said premises were improved by said Henry, Obadiah,
and Solomon, as tenants in common, till the decease of said
Henry, and the purchase money paid in equal shares by them ;
and the heirs and representatives of said Henry, since his
decease, have improved one undivided third part only of said
premises, as tenants in common with said Solomon and Oba-
diah ; and whereas, since the decease of said Henry, it has been
discovered that the said Hopkins, Hedges, and Russell, in
making the conveyance of the premises aforesaid, instead of
conveying the same to the said Henry, Solomon and Obadiah,
conveyed the same to the said Henry, solely, which conveyance
is supposed to have been through the mistake and inattention
of said deceased. And whereas, Thomas Allen of Hinsdale
aforesaid, administrator on the estate of said Henry, deceased,
in behalf of himself and his wife Phoebe, who was lately the
widow of said Henry, and the said Solomon W. Colt, and
Obadiah Smith, and Samuel W. Colt, the guardian of the minor
children, and only heirs at law of said Henry, deceased, have
petitioned the Legislature that said Allen may be authorized to
convey to the said Solomon and Obadiah each, one undivided
third part of the premises aforesaid. Therefore,

Resolved^ That the said Thomas Allen be, and he hereby is
authorized, by deed or deeds, duly acknowledged and recorded,
to convey to the said Solomon W. Colt and Obadiah Smith
each, one undivided third part of the premises aforesaid, in fee,
and that said deed so made as aforesaid, shall be as good and
valid to all intents and purposes, as though the same had been
made by the said Henry in his life time.

XC.

Resolve on the petition of Thomas Belighter^ discharging him
from fme and costs. 3d February, 1812.

On the petition of Thomas Belighter, stating that at the Su-
preme Judicial Court, holden at Castine, in the county of Han-
cock, and for the counties of Hancock and Washington, in
June 1811, he was fined by said court twenty dollars, and or-
dered to pay the costs of the prosecution against him, taxed at
two hundred dollars and seventy-four cents, and to suffer two
months imprisonment j that he has been confined in gaol more

312 RESOLVES, 3d February, 1812.

than four months, is very poor, and wholly unable to pay any
pan oFthe line or costs aforesaid, and that there will be no court
hoiden in said county, authorized by law to discharge him
from his imprisonment till June next, and praying to be dis-
chcM ged from the payment of said fine and costs. Therefore,

Resolved^ For reasons set forth in said petition, That the
said Ti lomas Belighter be, and he hereby is released and dis-
charged from the payment of said fine and costs, and the Sher-
iff of the county of Washington is hereby authorized to dis-
charge the said Thomas from his said imprisonment.

XCI.

Mesolve on the petition of Peter Coburn jun. making valid his

doings under an order of the Supreme Judicial Court.

3d February, 1812.

On the petition of Peter Coburn jun. of Dracut, in the county
of Middlesex, guardian of all the children of Thomas M'Dole,
late of said Dracut, deceased, stating, that at the Supreme Judi-
cial Court holden at Concord, within and for the county of
Middlesex, on the second Tuesday of April, A. D. 1798, he
was authorized by said court to make sale of all the real estate
of said deceased ^ and by the order of said court was directed
to appropriate two hundred and ninety-nine dollars and six
cents, of the proceeds, to the payment of the debts of said de-
ceased, and the remainder to be disposed of according to law,
for the use of said minors ; and that, pursuant to said order, he
made sale of said real estate, and accounted for the proceeds
thereof accordingly ; and that doubts have arisen whether the
order of said court was authorized by law, and praying that his
doings under said order may be legalized. Therefore,

Resolved^ for reasoiis set forth in said petition, That the
doings of said Peter, under said order, so far as the same have
conformed thereto, be, and they hereby are confirmed, and shall
be considered as valid in law, as though said court were by law
authorized to grant said, order.

RESOLVES, 5d February, 1812. 313

XCII.

Resolve on the petition of Nathan Dudley^ making valid an affi-
davit. 3d February, 1812.

On the petition of Nathan Dudley, of Lexington, in the county
of Middlesex, innholder, and Hannah his wife, alleging that
said Hannah, formerly, before her intermarriage with the said
Nathan Dudley, to wit, on the fourteenth day of October, A.D.
1801, was Hannah Lane, of Bedford, in said county, widow; that
the said Hannah, from the said fourteenth day of October until
the time of her said intermarriage, was administratrix on the
estate of her then late husband, Luke Lane, then late of said
Bedford, yeoman, deceased, intestate ; and that said Nathan
Dudley and Hannah his said wife are now administrators on
the estate of said deceased, in right of the said Hannah, and
praying that the affidavit made by said Hannah, at the request
of said Nathan Dudley, in the Probate Court in and for said
county of Middlesex, on the eighteenth day of January, A. D.
1812, of said Hannah's proceedings in her said capacity of
administratrix, while she was the widow of said intestate, relat-
ing to the sale of so much of said deceased's real estate, as raised
the sum of three hundred and eighty dollars, and now at the
request of the said Nathan Dudley and the said Hannah, re-
corded with a copy of each of the notifications of the time and
place of said sale, in the registry of Probate, in and for said
county of Middlesex, may be valid, and have the same force
and effect in law as if the same had been made by the said Han-
nah while she was the widow of said intestate, and within seven
months after the day of said sale, as the law requires.

Resolved^ That the prayer of said petition be granted, and
that said affidavit, made and recorded as above mentioned, sliall
be valid, and have the same force and effect in law as if the
same had been made by said Hannah, while she was the widow
of said deceased, in said Probate Court, and recorded in said
registry within seven months after the day of said sale, any law,
usage, or custom to the contrary notwithstanding.

Message of his Excellency the Gover?2or to both Houses of the

Legislature.

Gentlemen of the Senate, and

Gentlemen of the House of Representatives, i

I have received from Tench Coxe Esq. of Philadelphia, an
unofficial letter of the 29th January last, that with the docu-

314 RESOLVES, 4lh February, 1812.

mcnts accompanying it, numbered from 1 to 4, contain inibr-
mation respecting our resources for woolen manufactures, and
our means for increasing them very extensively, which requires
publicity and demands a serious attention.

Mr. Coxc is purveyor of the United States, is the celebrated
author of a pamphlet in answer to " Observations on the Com-
merce of tne American States, by John Lord Sheffield, pub-
lished in 1788, and has established his statements herein refer-
red to by the testimony of Mr. Arthur Young, John L. Sheffield,
Sir John Sinclair, and other English writers, on political econ-
omy," of the first reputation.

It will appear by the letter referred to, that Mr. Coxe esti-
mates " the quantit}'^ of sheep's wool sheered within the United
States, in the year 1811, to be thirteen millions of pounds, that
one twenty-seventh part of that quantity," being " less than
half a million pounds of wool, will make all the clothing and
hospital furniture, annually requisite for one hundred thousand
men," and " that the Indian supply" is " within the compass
of our ability."

Mr. Coxe states, that his commercial "opportunities, and
his official duties, have long convinced him that our country
has sustained great inconveniences from the want of some regu-
lar system to draw her resources into viezv ;^^ and this is so
manifest, as to invite the attention of the Legislature to prompt
and effectual measures for ascertaining, by regular and annual
returns, the raw materials and manufactures of every kind, in
each town and district of this Commonwealth; and for corres-
ponding with our sister states,and with the national government,
on this subject, and on the best means for improving the im-
mense advantages conferred on us by Divine Providence.
Mr. Coxe differs in some degree from the Secretary of the
Treasury, and states that, the calculation of the latter " pro-
duced a result of twelve millions of pounds of wool, but it was
predicated on facts between July and December, 1810, and his
own was of a date one year later, and was considered as a close
concurrence."

The pamphlet No. 4, " quotes Mr. Arthur Young's report^
stating that Ijincolnshire (in England) which contains" not
more than " one fifteenth part of the land in Pennsylvania, or
in New- York, or one tenth of South Carolina, or one twelfth
of North Carolina, has two millions four hundred thousand
sheep, of two heavy Jieeced breeds, producing twenty-one mil-
lions, six hundred and ten thousand pounds of wool, which
sells at a sixth of a dollar, and is worth three millions six hun-

RESOLVES, 4th February, 1812. 315

dred thousand dollars a year. In the whole of the counties of
England it is computed that nearly twenty-nine millions of sheep
are maintained. These produce (at five pounds coarse and
fine, on an average, per head) one hundred and forty-five mil-
lions of pounds weight of wool. The whole value is nearly
thirty millions of dollars to England alone for her unmanufac-
tured wool, though her quantity of land is not more than half
the joint contents of New- York and Pennsylvania, and is far
less than half the lands of Virginia, or of New England, or of
Ohio, or of Georgia, or of Missisippi Territory. Though so
vast a quantity of wool was produced in England in 1809, yet
Scotland and Ireland each produced much wool, and six mil-
lions of pounds of fine wool were imported into Britain from
Spain. The British manufactures of wool were computed at
one hundred and thirteen millions six hundred thousand dol-
lars," of which one third was exported. These documents
containing very useful propositions and informatior'i, or such
parts of them as may be beneficial to the public, may I „ ^ ? inted
and dispersed throughout the Commonwealth at a sinaii ex-
pense, and will produce pov^erful exertions to increase our
number of sheep, our manufactures of wool and of other arti-
cles, and to burst those cords which have long confined us, as
slaves, to the manufacturers of Great Britain.

Our sister state of North Carolina, having confirmed the
proposition of Congress for amending the constitution of the
United States, to prevent our citizens from accepting and re-
taining titles of nobility or honour, pensions, &c. from any for-
eign power, has transmitted her ratification of the amendment,
numbered 5.

The Solicitor General has confirmed the information which
I formerly communicated to the Legislature, in regard to the
demand of the Commonwealth against Barnabas Bid well Esq.
by a letter of the 22d of January last. No. 6. By this it will
appear, that the close attention paid by that officer to this sub-
ject, will prevent any public loss by the absconding of Mr.
Bidwell.

Copies of the letter which, at the request of the Legislature,
I addressed to the Governor of Virginia, and of his answer, are
Bumbered 7 and 8, on the melancholy subject of Richmond.

E. GERRY.
Council Chamber, 4th Fehruanj, 1812.

316 RESOLVES, 6th February, 1812.

. XCIII.

JResolve gra?iting S75, to Major General George U/mer, for
the loss of a horse. 5th February, 1812.

On the petition of George Ulmer Esq. Major General of the
tenth division of the militia of this Commonweahh, praying for
compensation, for the loss of his horse, while on duty in review-
ing, inspecting and instructing the troops under his command.

Resolved^ For reasons set forth in said petition, That
there be allowed and paid to the said George Ulmer Esq. the
sum of seventy-five dollars, in full compensation for the said
loss.

XCIV.

Resolve appropriating iS6000, for the State Prison, 5th Feb-
ruary, 1812.

Resolved^ That his Excellency the Governor, by and with
the advice and consent of the Council, be, and he is hereby
authorized to draw warrants upon the Treasurer of this Com-
monwealth, in favour of the Warden of the State Prison, for
such sums and at such periods, as may be deemed expedient
by the Governor and Council, not exceeding six thousand dol-
lars, to enable said Warden to fulfil his contracts and defray
the necessary expenses of said prison, he to be accountable for
the same.

xcv.

Resolve authorizing John L. Sullivan to execute a deed to
Hezekiah Stratton. 6th February, 1812.

On the petition of John L. Sullivan, of Boston, in the county
of Suffolk, Esq. administrator of the goods and estate of Wil-
liam Bant Sullivan, lately of Boston aforesaid, deceased.

Resolved^ That the said John L. Sullivan, for reasons set
forth in said petition, be, and he hereby is authorized and
empowered, to make and execute to Hezekiah Stratton, of
Norihficld, in the county of Franklin, yeoman, a deed convey-
ing all *hc right and title, which the said William Bant Sulli-
van had in a piece or parcel of land, situated in said Northfield,
and formerly the property of one Devonshire and one Reeve,

RESOLVES, 6th February, 1812. 317

of Bristol in England, deceased, but now in the possession of
the said Hezekiah Stratton, and bounded as follows, to wit :
north by land of Levi Merriman, east by Meadow Hill (so
called), south by land of the said Merriman, and west by Con-
necticut river, containing twenty-two acres, more or less, upon
payment being made, by said Stratton, of all money due on
the contract in said petition mentioned, to be accounted for by
said Sullivan, according to law. — And such deed so made, by
the said John L. Sullivan, in the capacity of administrator as
aforesaid, shall pass the same estate and have the same effect in
law, as if the same had been made by the said William Bant
Sullivan, before his death, in pursuance of the contract by him
made as aforesaid.

XCVL

Resolve discharging the town of JVaterhorough from a fine.
6th February, 1812.

On the petition of the inhabitants of the town of Waterbo-
rough, in the county of York, by their agent.

Resolved^ for reasons set forth in said petition : That the
inhabitants of the town of Waterborough be discharged from
paying a fine of one hundred dollars, awarded by the Supreme
Judicial Court, holden at Alfred, in said county, on the last
Tuesday of October 1811, on account of bad roads, on
condition that the said sum of one hundred dollars be faithfully
expended, on the road leading from Alfred line, through
Waterborough, to Phillipsbnrgline, by the first day of August
next, under the direction of the Selectmen of said town, in ad-
dition to the sum that is usually raised by said town for the
repairs of highways the ensuing year, the said inhabitants pro-
ducing satisfactory evidejice of such expenditure to the Su-
preme Judicial Court, next to be holden at Alfred, within said
county, and paying costs of said prosecution.

xcvn.

Resolve on the petition of William Cooky, authorizing ^le guar-
dians of the heirs of Zadock Coolei/, to convey certain land.
6th February, 1812.

On the petition of William Cooley jun. of Granville, in the
county of Hamp shir^".
43

318 RESOLVES, 7th February, 1812.

Resolved, That Michael Cooley and EHhu Cooley, both o£
saki G. aiiviUe, guardians to all the heirs of Zadock Cooley,
i.iie of Granville aforesaid, deceased, be, and they hereby are
authorized to convey by deed to William Cooley jun. aforesaid,
so much of that farm of said Zadock, deceased, which said Za-
dock bought of Joseph Moors, late of said Granville, and from
the east side tliereof, as would make his,the said William Cooley
jan.'s, uordiand south line strait vvidi the other part of his, said
Wiliiam's, farm, containing twenty-eight acres of land, be the
same more or less, agreeably to a memorandum in writing
made by the said Zadock Cooley, deceased, on the 20th day of
February 1808, and referred to in the aforesaid petition.

XCVIII.

Resolve empowering Nathan White and Sally Ward^ to recon-
vey certain estate to Asa JVard. 7th February, 1812.

On the petition of Nathan White and Sally Ward, in their
capacity as administrate; s of the estate of Asa W^ard jun. late
of Worcester, in die county of Worcester, deceased, and the
said Nathan White, as guardian of Sally Ward, Eunice Ward,
and William Ward, children of the said Asa Ward jun. de-
ceased, setting forth that the said Asa Ward jun. in his life
time, purchased of his father Asa Ward, a certain flirm in the
said town of Worcester, which at the time of the purchase, he
mortgaged to his father, to secure the payment of twelve hun-
dred dollars, and for the support of his said father and his wife,
during their natural lives ; and further setting forth, that in
consequence of the sudden death of the said Asa Ward jun.
the execution of the said contract will be attended with great
difficulty and inconvenience to the parties interested therehi.
Therefore,

Resolved^ for the reasons aforesaid, That tiie said Nathan
White and Sally Ward, in their said capacities, be, and they
are hereby authorized and empowered to reconvey by deed to
the said Asa Ward, the said estate purchased of him by the
said Asa Ward jun. in his life time, the said mortgage to be
cancelled, and the said estate to be held by the said Asa Ward,
and his heirs, as if no conveyance thereof had ever been made.

RESOLVES, 8th February, 1812. 319

XCIX.

Resolve granting ISIOO, and a pension, to Samuel Davis.
8th February, lb 12.

On the petition of Samuel Davis, of Newburyport, praying
for compensation for wounds he received while on military duty
on the twenty-fifth day of September 1809, in said Nevvbury-
port.

Resolved^ That there be allowed and paid out of the treasury
of this Commonwealth, to the said Samuel Davis, in conse-
quence of his having in a great degree lost the use of his right
arm, and otherways greatly injured while performing military
duty on the said twenty-fifth day of September 1809, the sum
of one hundred dollars, as compensation for his expenses and
sufferings during his confinement by said wounds ; likewise an
annuity or pension of thirty dollars per year, during his natural
life, or till the further order of the Legislature, to commence
from and after the twenty-fifth day of September 1810.

Resolve on the petition of Isaac S. Gardner, making valid an
affidavit. 8th February, 18 12.

On the petition of Isaac S. Gardner, of Brookline, in the
county of Norfolk, Esq. administrator of the estate of Samuel
Smith Learned, late of Brighton, in the county of Middlesex,
yeoman, deceased, intestate ; praying that the afiidavit by him
made in the Probate Court, in and for said county of Middle-
sex, on the thirteenth day of November, A. D. 1811, of his
proceedings relating to the sale of so much of the real estate of
said deceased, as raised the sum of one thousand two hundred
and thirteen dollars and ninety-six cents, and now recorded,
with a copy of each of the notifications of the time and place of
said sale, in the registry of probate in and for said county of
Middlesex ; may be declared admissible evidence of said sale
and of his proceedings relating thereto, although not made
within seven months after the day of said sale, as the law re-
quires.

Resolved, That the prayer of the petition be granted, and
that said affidavit, including a copy of each of said notifications
and recorded as above mentioned, or an attested copy thereof,
shall be admissible evidence of said sale, and of said adminis-

320 RESOLVES, 12th February, 1812.

trator's proceedings relative thereto, and that it shall be valid,
and have the same force and effect in law, as if it had been made
within seven months after the day of said sale, any law, usage,
or custom to the contrary notwithstanding.

CI.

Resolve granting S89..50, to Daniel TV. Lincoln Esq. for
services as agent of the State in case against the Pegypscot
proprietors. 11th February, 1812.

On the petition of Daniel Waldo Lincoln, of Boston,
Esq. praying allowance for his services as agent of the Com-
monwealth in a prosecution, in the case of information against
the Pegypscot proprietors and for remuneration of necessary
expenditures therein.

Resolved, That there be allowed and paid out of the treasury
of this Commonwealth, to Daniel Waldo Lincoln Esq. the sum
of eighty- nine dollars and fifty cents, in full compensation for
his services, including the remuneration of the expenditures
aforesaid, and that his Excellency the Governor is hereby
authorized and requested to draw his warrant on the Treasurer
for the above amount.

CIL

Resolve granting Robert C. Vose $200, for his services as clerk
to the Committee on the State valuation. 12th February,
1812.

Resolved, That there be allowed and paid out of the treasury
of this Commonwealth to Robert C. Vose, the sum of two
hundred dollars, in full for his services as clerk of said Com-
mittee, including money paid by him for copies of the Census
of the District of Maine, and to his assistants.

CIIL

Resolve on the petition of Grenville Temple, authorizing him

to sell estate of the children of Elizabeth Temple.

12th February, 1812.

On the petition of Grenville Temple, guardian of the chil-
dren of Elizabeth Temple, praying that he may be empowered

RESOLVES, 12th February, 1812. 321

to sell the reversion of certain estate belonging to said chil-
dren.

Resolved, That the said Grenvilie Temple be, and he hereby
is authorized and empowered to sell by public auction, or pri-
vate sale, and convey all or any part of the real estate which
Elizabeth, the wife of said Grenvilie, took as devisee of her
late father George Watson Esq. of Plymouth, in the county of
Plymouth, and whereof her children are now entitled to the
reversion, situate in Haverhill, or elsewhere, in this Common-
wealth, and thereof to make and execute good and sufficient
deed or deeds to whomsoever he may sell the same.

CIV.

Resolve on the petition of Sarah Francis, an Itidian xvoman.
i2th February, 1812.

Resolved, for reasons set forth in the said petition, That
John Hancock, of Tisbury, in the county of Duke's County,
be, and he is hereby authorized, after due notice, to sell at pub-
lic auction, and to convey the several tracts of land (mentioned
in said petition, namely, one tract of land bounded on the west
and south by the land of John Davis Esq. on the east by the
lands of George Peters, on the north by the land of Timothy
Luce, containing about fifteen acres ; and also one other tract
of land, it being her right on the common land, so called, con-
taining about ten acres) of the said Sarah, an Indian woman,
the said Hancock giving bonds to the Judge of Probate, for
the said county, conformably to a law, entitled, " An act di-
recting the settlement of the estates of persons deceased, and
for the conveyance of real estate in certain cases."

CV.

Resolve on the petition of Barrett Potter and others, graiiting

further time for the settlement ofttuo half townships.

12th February, 1812.

On the petition of Barrett Potter and others, proprietors oi
two half townships of land, granted to Westlield and Deerfield
academies, by the Legislature of the Commonwealth of Massa-
chusetts, praying further time to complete the settling duties.

Resolved, for reasons set forth in said petition, That there be
and herebv is allowed a further time of two vears from the first

322 RESOLVES, 12th February, 1812.

day of June last, to Barrett Potter and others, aforesaid, their
heirs and assigns, owners of the two half townships granted to
the trustees of Westfield and Deerfield academies, to complete
the settlement of ten families on each of said half townships :
and if the said Barrett Potter and others, their heirs and assigns,
shall settle on said half township, within the time above named,
the said number of families, including those already settled
thereon, that then the estate and right of said Potter and others,
their heirs and assigns, shall be valid, full and effectual to all
intents and purposes, as if the condition of settlement expressed
in the original deed given of the said two half townships, by
the agents for the sale of Eastern lands, appointed by the Gen-
eral Court to sell and convey the unappropriated lands in the
District of Maine, had been fully and seasonably complied with.
Provided nevertheless^ That the said Barrett Potter and others,
their heirs and assigns, shall, on or before the first day of De-
cember next, give bonds to this Commonwealth, in the sum
of six hundred dollars, for each of said grants, with sufficient
surety or sureties, to the satisfaction of said agents, conditioned
that the number of families required in said original deeds to
be settled in said grants, shall, within the said term of two
years be settled thereon, or for the payment of thirty dollars for
each family which shall then be deficient of the whole niimber.

CVI.

Resolve granting Richard Meagher 500 acres of land.
12th February', 1812.

On the petition of Richard Meagher.

Resolved, for reasons set forth in said petition, That there be,
and hereby is granted to said Richard Meagher, and his heirs
and assigns forever, five hundred acres of land of any of the
unappropriated lands in the District of Maine, excepting the ten
townships lately purchased of the Penobscot Indians, to be laid
out under the direction of the agents for the sale of eastern
lands, and in such place as they shall direct, who are hereby
authorized and directed to give a good and sufficient deed of
the same to the said Richard Meagher.

RESOLVES, 13th February, 1812. 323.

CVII.

Mesolve on the petition of John Haskins, giiardiaii of Effaha
Moraj. 12th February, 1812.

On the petition of John Haskins, guardian of Effaba Morey,
a negro woman, and non compos, that he may be empowered
to apply the estate of her late husband, in the hands of Gideon
Hix, to the support and maintenance of the said Effaba.

ResolvecrTh^t, for reasons set forth in said petition, the said
John Haskins be authorized to call upon Gideon Hix, admin-
istrator of the estate of Robert Morey, l£te husband of the said
Effaba, for as much of the estate of the said Robert, now in his
hands, as shall be adjudged by Hodijah Baylies Esq. Judge of
Probate for the county of Bristol, necessary to the comfortable
support and maintenance of the said Effaba, during her life,
provided there is sufHcient in the hands of said administrator,
and he is hereby required and directed to pay the same
accordingly,

cvin.

Hesolve granting Ebenezer Browji S12, quarter yearly. 13th

February, 1812.

On the petition of Ebenezer Brown, of Newton, in the county
of Middlesex, praying for relief on account of disability to
labour, occasioned by a wound received while in the service of
his country.

Resolved, for reasons set forth in said petition, That there
be allowed and paid out of the treasury of this Commonwealth
to the said Ebenezer Brown, quarter yearly, twelve dollars the
quarter, and that these payments be made to the said Ebenezer,
quarterly, from year to year, during his natural life,

CIX.

Resolve on the\ petition of William JVinthrop, 13th February,

1812.

On the petition of William Winthrop, of Cambridge, in the
county of Middlesex, Esq. stating that in August, A. D. 1808,
the Selectmen of said town of Cambridge laid out a town way
over lands belonging to him and others, between a point in the

324 RESOLVES, 13th February, 1812.

old road opposite the house formerly owned by Judge Trow-
bridge, and the bend or angle in the old road near the mansion
house of the Hon. Francis Dana, which road so laid out by said
Selectmen, was afterwards, on the sixth of September then
next, accepted by said town ; that no damages were estimated
by said Selectmen in laying out said road, and that none have
ever been awarded to or received by him, and that by reason
of certain facts stated in his said petition, he was induced not
to apply to the Court of Sessions for a Jury to assess his dam-
ages, within the time prescribed by law ; by reason whereof he
has lost his law, and praying to be restored to the same.
Therefore,

Resolved^ for reasons stated in said petition, That the said
William be, and he hereby is authorized to make application
to the Court of Sessions next to be holden within and for said
county of Middlesex, for a Jury, to assess the damages done
him by the laying the way aforesaid ; and the said Court of
Sessions are hereby authorized to sustain said application, and
to grant such proceedings thereon, so far as may be necessary
to assess the damages done the said William, by the laying said
way, as by law they might have done, provided said application
had been made within the time prescribed by law.

ex.

Resolve on the petition of A7idrew Crag'w, 13th February,

1812.

On the petition of Andrew Cragic, of Cambridge, in the
county of Middlesex, stating that in May, 1808, the town of
Cambridge accepted a road, laid out by the Selectmen of said
town, part of which was over the land of said Andrew, and
soon after made said road ; that he was greatly injured by lay-
ing out said road over his land, and that no compensation was
made him by said town; that he was advised by council, learned
in the law, that the proceedings of said Selectmen and town, ia
laying out said road, were not valid in law, and to seek his
remedy by an action of trespass, rather than apply to the Court
of Sessions for a Jury, as provided by law, and that during the
pendency of the said action of trespass, the time in which by law
application might have been made to the Court of Sessions for
a Jury to assess his damages, had expired; that his said action
of trespass was finally decided against him, by reason whereof
he has lost his law, and praying for relief. Thereupon,

RESOLVES, 13th February, 1812. 525

jResoIvedy for the reason aforesaid, That the said Andrew
Cragic be, and he hereby is authorized to make application
to the Court of Sessions next to be holden within and for the
county of Middlesex, for a Jury to assess the damages done him
by laying a town road over his land, said road beginning at a
point near the store of Messrs. Orne & Co. and ending at a
place near Mrs. Kneeland's house, in said Cambridge. And
said Court of Sessions are hereby authorized to sustain said
application, and grant the same so far only as to authorize a
Jury to assess the damages done said Cragie, by the taking his
land for said road ; and the Jury so appointed, shall have all the
powers as to assessing the damages aforesaid, as they would by
law have had, provided the said application had been made,
and they had been appointed according to the law in such cases
made and provided.

CXI.

Resolve on the petition of Hervey Hersey^ authorizing him to
file his affidavit. 13th February, 1812.

On the petition of Hervey Hersey, of Newton, in the county
of Middlesex, administrator on the estate of Edward Mitchell,
late of said Newton, deceased, stating that after selling the real
estate of said Edward, by order of law, he neglected to make
and iile in the probate office, his affidavit of having given notice
of the time and place of the sale of said real estate within seven
months after the sale, as required by law ; and praying that he
may now be authorized to file the said affidavit in the Probate
office in said county of Middlesex. Therefore,

Resolved^ The said Hervey be, and he hereby is authorized
to make his affidavit of the notice given previous to the time of
said sale and file the same, together with one of the original
advertisements of the time, place, and estate to be sold, or a
copy of such advertisement, in the Probate office for said
county of Middlesex, ^vithin sixty days from the date of this
resolve ; and the same, when so made and filed as aforesaid,
shall have the same force and effi?ct in law, and may be used
in the same manner, as though the same had been done within
seven months after the sale, as by law is provided.

326 RESOLVES, 14th February, 1812.

The honourable Samuel Day, a Committee from the Senate,
waited on the Governor, and requested that his Exeellency
would cause to be laid before the Senate, such proceedings, as
may have been had and done, in consequence of a resolve
(passed February 21, 1810), authorizing the Governor, with the
advice of Council, to appoint commissioners, to ascertain
the boundary line between this Commonwealth and the State
of Rhode Island.

The Governor by the Secretary communicated the following
answer ;

GenUemen of the Senate,

Pursuant to your request, I have directed an inquiry to be
made, in regard to such proceedings as may have been had, in
consequence of a resolve of the 2d of February 1810, "for
authorising the Governor, with the advice of Council, to
appoint commissioners to ascertain the boundary line between
this Commonwealth, and the State of Rhode Island," and have
received the Secretary's report, which he v/ill lay before the
Senate on that subject,

E. GERRY.
Council Chamber, 14th February^ 1812.

Re conh of Council, page 424. March 6th, 1810. Edward
H. Robbins, Nicholas Tillinghast, and Nahum Mitchell,
Esquires, appointed commissioners to ascertain, and make the
boundary line between this Commonwealth and the State of
Rhode Island,

By Resolve of 2d February, 1^10.

Page 444. May 18^/z,18l0. Warrant issued on the Treasurer
for five hundred dollars, in favour of the Hon. Edward H. Rob-
bins, Nicholas Tillinghast and Nahum Mitchell, Esquires,
commissioners to ascertain and mark the line between this
State and Rhode Island, to enable them to defray the immedir
ute expenses of running and establishing said line.

By Resolve of 2d February, 1810.

I hereby certify that no returns have been received of the
doings of said commissioners.

A true copy from the Council Rcj^ister.

AttQf.t, BENJAMIN ROMANS, Secretary,

RESOLVES, 14th February, 1812. 327

CXII.

Resolve on the petition of Thomas Shaiu^ directing the bringing'
up and fnakiTig valid the records of Flainjield. 14th February,
1812.

On the petition of Thomas Shaw, clerk of the town of Plain»
field, in the county of Hampshire, stating that neither he nor
his predecessors in that office, liave made any record of the
oaths administered to the several town officers in said town,
although the same were duly administered, as by law required.
And whereas doubts have arisen, whether the said town clerks,
have a right by law to complete the records of said town. It
is therefore,

Resolved, That the said town clerks be, and they hereby are
authorized to complete the records, and the same when so com-
pleted, shall have the same force and effect in law, as though
the same had been made and completed within the years, in
which the said town clerks were respectively chosen,

CXIII.

Resolve on the petition of Royal Chase, administrator of the
estate of Elisha Chase 2r/. 14th February, 1812.

On the petition of Royal Chase, administrator, with the will
annexed, on the estate of Elisha Chase, the 2d of that name,
late of Swansey, in the county of Bristol, deceased, praying to
be empowered to make sale of the real estate of the testator^
according to the provisions, and directions, given to the executor
in said will, said executor having died since the probate thereof,
without executing that part of said will.

Resolved, That, for reasons set forth in said petition, the
said Royal Chase be, and he hereby is empowered to make sale
of the real estate wliereof the said Elisha Chase 2d died seized,
and to do and perform all and singular the duties, and execute
all the powers given to the executor named in said will ; in as
iimple manner as said executor might have done, provided he
had lived to execute the same ; and to render an account thereof
to the Judge of Probate, of wills, &c. in and for said county,
anv law, usas:e, or custom to the contrary notwithstanding:.

328 RESOLVES, 17th February, 1812.

CXIV;

Resolve on petition of George Chiscott a?id Barnabas Young.
14th February, 1812.

On the petition of George Chiscott and Barnabas Young,
settlers on Nicholas or Iron-bound Island.

Resolved, That, for reasons set forth m said petition, the
agents for the sale of eastern lands, cause to be surveyed and
laid out to each settler on Nicholas or Iron-bound Island, one
hundred acres of land, so as best to include their improvements
and be least injurious to the adjoining lands ; and to sell the
same to said settlers for such consideration as the said agents
shall think just and reasonable, having regard to the time of
settlement,

cxv.

Resolve granting Nathan Barnes JS31..33. 15th Februarv,

1812.

On the petition of Nathan Barnes, of Heath, in the county of
Franklin.

Resolved, for reasons set forth in said petition, That there
be allowed and paid out of the treasury of this Commonwealth,
the sum of thirty-one dollars thirty-three cents to the said
Nathan Barnes, in full compensation for his trouble and expen-
ses in apprehending Solomon Bruce and William Hathway,
and causing said Bruce to be convicted of forgery.

CXVI.

Resolve granting half a toumship of land to the Trustees of
Farniington academy. 1 7th Fe bruary , 1812.

Resolved, That instead of ten thousand and twenty acres of
land, granted to the trustees of Farmington Academy by a re-
solve passed February 8th, 1811 ; there be granted to said trus-
tees one half of a township of land of six miles square, and it
appearing that said trustees have complied with the conditions
in said resolve mcntioned,thatthe Commonwealth's agents upon
the subject of eastern lands, lay the same out, subject to the
usual reservations.

RESOLVES, 17th February, 1812. 329

CXVII.

Resolve directing the agents for the sale of eastern lands y to con-
vey to the trustees of Monmouth Academy^ land in township
No. 5. 17th February, 1812.

On the petition of John Chandler Esq. in behalf of the trus-
tees of Monmouth Academy.

Resolved^ for reasons set forth in said petition, That the
agents for the sale of eastern lands be, and they are hereby
directed to give to the trustees of Monmouth Academy for
the use of said academy, a deed of all the surplus land that
remains unconveyed in township number five, in the second
range of townships north of the Waldo Patent, estimated to be
about eight hundred acres.

CXVIII.

Resolve on the petition ofEstes Howe^ authorizing the payment

of ^25,f?'om the funds of the Hasanamisco Indians,

17th February, 1812.

Resolved^ for reasons set forth in the petition, That Benjamin
Heyward Esq. trustee of the fund belonging to the Hassana-
mi^co tribe of Indians, be directed, and he is hereby author-
ized to pay to Estes Howe, the sum of twenty-five dollars, out
of the funds formerly belonging to Abigail Printer, deceased.

CXIX.

Resolve authorizing Samuel Lyman ^ to execute a deed to Gains
Lyman. 17th February, 1812.

On the petition of Samuel Lyman, of Chester, in the county
of Hampshire, administrator on the estate of Stephen Lyman,
late of said Chester, deceased, stating that the said Stephen in
his life time, as administrator on the estate of Stephen Lyman,
jun. was duly authorized to sell and convey certain real estate
of which the said Stephen jun. died seized ; and also the rever-
sion of the widow's dower therein, that in pursuance of said
licence, the said Stephen proceeded to make sale of said estate
at public vendue, according to law, to one Gains L} man, of
said Chester ; that said Stephen afterwards rendered his final ac-
count of administration to the Judge of Probate of said county,

330 RESOLVES, 18th February, 1812.

including the proceeds of said sales, which said account was
jeceived and approved by said Judge, and the balance in the
hands of said Stephen, decreed to be paid to the creditors of
said Stephen jun, and the said Stephen in pursuance of said
decree paid over to said creditors the whole balance of said ac-
count, and suddenly died, without having made and executed
to said Gaius Lyman, any deed of the premises, sold as afore-
said ; and praying that the said Samuel may be authorized and
empowered to make and execute a deed thereof. Therefore,

Resolved, for reasons set forth in said petition. That the
said Samuel Lyman be, and he is hereby authorized and em-
powered to make and execute such deed or deeds of the prem-
ises to the said Gaius Lyman, as the said Stephen Lyman might
and ought to have done in his life time ; and that the said deed
or deeds, to be made by the said Samuel by virtue hereof, shall
have the same force and effect, both at law and in equity, to all
intents and purposes, as if the same had been made and execu-
ted by the said Stephen Lyman, administrator as aforesaid.

cxx.

Resolve allowing the foivn of Gloucester a further time to locate
anhalf township of land. 18th February, 1812.

" The Committee to whom was referred the petition of.thc
inhabitants of the town of Gloucester, praying an extension of
time for surveying and locating the half township of land granted
for certain purposes by a resolve passed the 22d January 1808,
have attended that service, and beg leave to report the following
resolve, which is respectfully submitted.

MARK L. HILL, per order,

On the petition of the inhabitants of the town of Gloucester,
praying an extension of the time for surveying, locating and
returning a plan of the half township of land, granted for certain
purposes, by a resolve passed the 22d of January 1808.

Resolved, That, for reasons set forth in said petition, one year
further be allowed to said inhabitants for surveying, locating,
and returning a plan of the half township of land, pursuant to
the original resolve.

RESOLVES, 21st February, 1812. mi

CXXI.

Resolve on the petition of Joseph Lord, directing the Treasurer
to issue a new note. 20th February, 1812.

On the petition of Joseph Lord, praying for a new State 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 fifty-eight
dollars and sixty- six 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 Joseph
first giving bond to the satisfaction of the Treasurer, condi-
tioned to save the Commonwealth harmless from all demand
for or on account of the note stated to be lost as aforesaid.

CXXIL

Resolve conjirming the records and assessments of the town of
Lovell. 21st February, 1812.

On the petition of Samuel E. Andrews and others, a com-
mittee in behalf of the town of Lovell, in the county of Oxford,
praying that the records and assessments of said town may be
confirmed and rendered valid in law.

Resolved, for reasons set forth in said petition, That the re-
cords and assessments of said town of Lovell shall be confirmed
and made valid in law, notwithstanding the omission of the
Town Clerk to record the impression of the seal, and the return
of the Constable's proceedings on the Selectmen's warrant for
town meetings, and the official oaths of some of the town offi-
cers ; also of the omission of the Assessors in taxing some of
the lots in said town. Provided however, That nothing in this
resolution shall be construed to effect any suit at law now
pending in the said town of Lovell.

CXXIII.

Resolve granting S50, to the gentleman who shall preach the
next Election Sermon. 20th February, 1812.

Resolved, That there sliall be allowed and paid out of the
treasury of this Commonwealth, fifty dollars to the gentleman
who shall preach the election sermon in May next, and that his

332 RESOLVES, 22d February, 1812.

Excellency the Governor, shall be authorized to draw his
warrant on the Treasurer for said sum.

CXXIV.

Resolve granting SI 80, to John Blake Esq. to pay expenses of
the Penobscot Chiefs in Boston. 21st February, 1812.

The Committee of both Houses, to whom was referred the
petition and representation of the chiefs of the Penobscot In-
dians, setting forth, that they having had occasion to visit this
place, and remain here a considerable time, at an expense
which they arc poorly able to defray, and they request that
their agent now in town, may be furnished with money out of
the treasury of this Commonwealth, sufficient to pay for board
while in town, and to purchase each a suit of clothes, and also to
bear their expenses home, report the following resolve, which
is respectfully submitted bv the Chairman of said Committee.

JOHN WOODMAN, per order.

Resolved^ That his Excellency the Governor, with advice of
the Council, be, and he hereby is requested to draw his warrant
on the treasury of this Commonwealth in favour of John Blake
Esq. agent for the Penobscot tribe of Indians, for such sum of
money as said agent may request, not exceeding one hundred
and eighty dollars, to enable him to defray the expenses of the
chiefs of the Penobscot tribe of Indians, for board and other
expenses, now on a visit to this town ; and for defraying their
expenses home, the said agent to be accountable for the expen-
diture of said sum.

cxxv.

Resolve oji the petition of the town ofPittston for aid in build-
ing a bridge. 22d February, 1812.

On the petition.of the inhabitants of the tov/n of Pittston, in the
county of Kennebeck, praying for aid in building and maintain-
ing a bridge across Wonnomontogus stream in said town.

Resolved, for reasons set forth in said petition. That there
be and hereby is granted (subject to the usual reservation and
conditions of settlement, and ujjon the condition hereinafter
mentioned) to said inhabitants of Pittston ; for the purpose
aforesaid; one third part of a township of land, of the contents of

RESOLVES, 22d February, 1812. 333

six miles square, out of any of the unappropriated lands in the
District of Maine, exceptini^ the ten townships lately purchased
of the Penobscot Indians, to be laid out under the direction of
the agents for the sale of eastern lands, who, upon receiving a
certificate from the treasurer of this Commonwealth, that a bond
has been g-iven to him as hereinafter mentioned, are hereby au-
thorized and directed to make and execute a good and suffi-
cient deed of the same to the inhabitants of said town of Pittston,
in trust, to and for the use of said town, and for the purpose of
erecting and maintaining said bridge, to tlieir assigns forever.
Provided J That the said nihabitants shall first give bonds to the
treasurer of said Comntonwealth in the penalty of six thousand
dollars, well and truly to perform the condition hereafter speci-
fied in this resolve, agreeably the true intent and meaning
thereof; that is to say, that said inhabitants shall build said bridge
over said Worromontogus stream, within two years from the
first day of January last past ; and that they also hereafter keep
saidt)ridge in good repair.

CXXVI.

Resolve expressive of tfie ability and disposition of Massachusetts
to furnish blankets and clothing for 50,000 tnen^ £i?c.
22d February, 1812.

The Committee who have had under consideration the com-
munication of his Excellency upon the subject of supplying this
Commonwealth's proportion of blankets and clothing for the
necessary supply of the Indians, and such number of troops, as
upon any exigency it may be found necessary for defensive or
offensive war, have attended to the duty assigned them, and as
the result of their most careful and critical inquiry they feel
themselves fully authorized to say, they find both the ability and
inclination in the good people of this Commonwealth to furnish
at very short notice, any number of blankets and any quantity
of clothing, all of the manufacture of this Commonwealth, that
may be necessary to enable the general government to fulfil
any engagements made, or such as may be for the interest of
the United States to make. The Committee with pleasure
notice your Excellency's correct description of the energies of
the American people, at the commencement of their struggle
for independence, and the m.eans by them employed to rend*, r
that struggle successful by applying; to their own internal re-
sources, and we confidentlv believe, that while American pa-
45

334 RESOLVES, 24th February, 1812.

triotism has not abated, the resources of our country have
increased, and our abiUty to Hve free, happy, and independent
of all other nations has grown with our growth and strengthened
with our strength. Proposals have already been made to the
Committee by individuals adequate to the fulfilment of their
engagements, to furnish at least 50,000 blankets, and a like
number of suits of clothes within a short period from the date
of their contract. Your Committee, therefore, report the follow-
ing, which is submitted by

JOHN HEARD, Chairman of the Cojnmittee.

Resolved, That his Excellency the Governor be requested
to communicate to the general government, in such mode as
he may judge most convenient and expeditious, the perfect
ability and disposition of the government of this Common-
wealdi to make the most prompt provision for die immediate
supply^ of such blankets and clothing as the general government
may wish to contract with the citizens of this Commonwealth
for sufficient to meet any contingency which may occur, and
to request information of any other articles, which are or may
be wanted for supplying the Indians, as there can be no doubt
of the ability of this Commonwealth, to supplying by contract
any such articles, mostly if not altogether from our own manu-
Hictories.

CXXVIL

Mesolve appomting a Committee to inquire into the situation of

the Quarter Master GeiieraPs department.

24th February, 1812.

Resolved, That Henry A. S. Dearborn, Daniel W. Lincoln,
and Bryant P. Tilden, Esquires, be a Committee to inquire
into the situation of the Quarter Master's department, the pur-
chase and distribution of public supplies, and the expenditure
in that department, and also whether any alteration therein are
necessary, with leave to report the first session of the next Gen-
eral Com;"tj by bill or other vvi^e*,

RESOLVES, 25th February, 1812. 335

CXXVIII.

Hesolve 071 the petition of Joseph Carr and others for aid in

opening a road frotn Purshaw stream to Piscataquis river.

25th February, 1812.

Updn the petition of Joseph Carr and others, prayin^^ aid and
assistance of the Legislature of the Commonwealth of Massa-
chusetts, for the opening of a road from Purshaw stream, near
Penobscot river, to Piscataquis river, in or near the dividing
line of township No. 2, and 3, in the seventh range of town-
ships north of the Waldo Patent, through the Commonwealth's
lands, purchased of the Indians, agreeably to a plan of a road
made by Park Holland,

Resolved^ for reasons set forth in said petition, That the
agents for the sale of eastern lands be, and they hereby arc
authorized, to survey or cause to be surveyed, seven thousand
acres of lands belonging to said Commonwealth, purchased of
the Indians, in lots, on each side of the road surveyed by Park
Holland, each lot to be eighty rods wide on the road, and two
hundred rods back ; and in order to provide for the effectual
opening of said road, the agents aforesaid are authorized and
directed to advertise in the several newspapers printed in Bos-
ton, that they are ready to receive proposals from any person
or persons disposed to do the same, the contractors agreeing to
fell the trees four rods wide and make the necessary causeways
and bridges, and clear and make the road of suitable width and
convenience for travelling with v heel carriages, through the
lands that belong to the Commonwealth, for which the agents
aforesaid arc authorized to convey to the contractors in pay-
ment for said road a proportionable number of said lots as they
may deem necessary to effect t!ie purpose. Provided^ That
the said contractors shall be obliged to produce satisfactory
evidence to said agents that the) have completed said road
agreeably to their contract.

Gentlemen of llie Scr.ate, aisd

Gentlemen of the House of Representatives,

I have received the report of a Committee appointed in
Berkshire, pursuant to a resolve passed by the General Court,
the twenty-eighth February, 1811, and a letter from his Excel-
lency Governor Mitchell, communicating the ratification, by
the State of Georgia, of the amendment proposed by Congress
to the Constitution cf tlie United States, for preventing ajiy

336 RESOLVES, 28th Fcbmaiy, 1812.

citizen of the said States from accepting or retaining any title of
nobility or honour, or an emolument of any kind, from any
foreign power. And the Secretary will lay before you both
those documents.

E. GERRY.
Council Chamber f 2Qth February^ 1812.

CXXIX. f

Resolve requesting the Representatives from this State in Con-
gress to promote the making a Canal Jrom the great lakes to
Iludson^s river. 30th January, 1812.

The Committee of both Houses to vt^hom was referred so
much of his Excellency's message as relates to a letter from
Governeur Morris and others, commissioners appointed by the
Legislature of the State of New York, " for the purpose of
obtaining the co-operation and aid of the United States, or of
any State or territory, in opening a communication by means of
a canal navigation, between the great lakes and Hudson's river,"
beg leave to report-
That upon an examination of the documents accompanying
said letter, they are impressed with the opinion expressed in
said letter, that the contemplated project of opening an internal
navigation between said lakes and Hudson's river, would en-
courage agriculture, promote commerce and manufactures,
facilitate a free and general intercourse between different parts
of the United States, and tend to the aggrandizement and pros-
perity of the country, and to consolidate and strengthen the
Union. They therefore recommend the following resolutiono
Resolved, That the Senators of this Commonwealih be in-
structed, and that the Representatives thereof, in Congress, be
requested to use their influence for promoting by all reasonable
encouragement in such mode, as Congress in their wdsdom
may devise, the opening of a communication, by means of a
canal navigation, between the great lakes and Hudson's river ;
regard being had to the special benefit which will accrue to the
State of New York, from the accomplishment of that project.

RESOLVES, 30th January, 1812. 337

To the Honourable the Senate and House of Representatives,
of the Commonwealth of Massachusetts, in General Court
assembled.

The Committee appointed by order of the General Court,
passed the twenty-sixth day of June last, convened at the State
House in Boston, on the first Wednesday of November last,
and after choosing a clerk, to keep a journal of their proceed-
ings, and to assist them in the duties assigned them, proceeded
to the examination of the returns of the assessors of the several
towns, districts and plantations in this Commonwealth ; made
in pursuance of an act, passed the twenty-fifth day of February,
in the year of our Lord one thousand eight hundred and eleven,
entitled, " An act to ascertain the ratable estate in this Coni>
mon wealth."

The Committee have the satisfaction of informing the Leg-
islature that the assessors of the several towns, districts and
plantations, have generally made the returns, required of them
by the said act, with great punctuality and correctness, and after
examining the several returns, and correcting such errors and
mistakes as appeared on the face of them, the Committee pro-
ceeded to estimate the several items of taxable property, ac-
cording to their true value, from the best information in their
power to obtain. In estimating the value of lands, dwelling,
houses and other buildings, great attention was paid to their
local situation, and great allowances made on account of local
circumstances, as will appear by the journal of their proceedings
which is herewith communicated and made a part of this
report.

In estimating the value of shipping, cattle, horses and other
articles of property, the value of which is nearly the same in
every part of the Commonwealth, the Committee have adapted
one uniform rule, and affixed the same price which will also
appear by the journal of their proceedings.

The Committee have also estimated the value of such wild
lands as have been returned in pursuance of the seventh sec-
tions of the act for ascertaining the ratable estate within this
Commonwealth, where the term of ten years have elapsed
since the date of the deeds, situate without the limits of any in-
corporated towns or district, and without the limits of any
plantation, and apportioned the tax upon them at two per cent,
upon the income of their actual value, and added the same to
the aggregate of the taxable property in the several counties

S38 RESOLVES, 30th January, 1812.

within which they are situated, agreeably to the obvious inten-
tion of the Legislature, as expressed in the act aforesaid and the
resolve appointing the Committee.

When the Committee have been under the necessity of ex-
ercising the discretionary powers, with which they were iaves-
ted, in charging any towns, districts or plantations, according
to their own judgment, or increasing any specific article of
property, they have endeavoured to obtain the best evidence
the nature of the case admitted, and they are persuaded that
they have done them no injustice. It will be perceived that
very considerable changes have taken place within the last ten
years, which were reasonable to have been expected, when we
consider the great increase of population and property in the
different parts of the state, which have produced considerable
alterations in the apportionment of the tax to be assessed upon
them. The journal of the Committee, which is herewith sub-
mitted,isthe best history of their proceedings that can be offered,
and they are happy to inform the Legislature, that as the only
objects of the Committee were to ascertain the due proportion
of the taxes to be assessed, which the different counties ought
in justice to pay ; they have been more unanimous in their de-
cisions than could reasonably have been expected, upon ques-
tions involving so many different and conflicting pecuniary
interests, and they submit the following apportionment of the
sum of one thousand dollars, on the several towns, districts and
taxable plantations in this Commonwealth, as the ratio by
which they are to be assessed, confidently believing it will
meet the general approbation of the Honourable Legislature*
Accepted by both Houses, and

approved by the Governor, 2>Qth January, 1812.

RESOLVES, 30th January, 1812.

339

REPORT

OF THE COMMITTEE OF VALUATION.

COUNTY OF SUFFOLK.

Polls. Towis.

9,993 Boston
101 Chelsea

10,094

Aggregates.

g 1,287,41 7 60
9,714 58

1,297,132 18

On §1000, in-
cluding Polls,
at 2 milles ea.

'S137 02
1 08

' 138 10

Valuatien o/lBOl.

rolls.

4,640
119

4,759

On 5^1000.

8125 22
1 58

126 80

COUNTY OF ESSEX.

3,041 Salem

8327,561 22

835 86

1,866

841 40

825 Darners

46,630 32

5 89

603

6 14

825 Ipswich

3.7,136 06

5 02

759

6 00

J,392 Newbury

78,151 88

9 89

829

8 27

1,980 Newburyport

127,008 24

15 50

1,328

23 13

1,500 Marblehead

82,974 44

10 54

1,179

10 89

1,147 Lynn

32,415 85

5 25

737

4 16

128 Lynnfield

5,715 87

100

684 Andover

38,544 23

4 87

627

5 93

1,088 Beverly

49,374 52

6 65

835

9 13

407 Rowley

20,704 68

2 69

393

3 20

511 Salisbury

21,349 56

2 96

447

3 19

630 Haverhill

32,941 16

4 25

526

4 28

1,276 Gloucester

47,023 72

6 85

1,114

7 83

199 Topsfield

11,734 84

1 47

211

1 65

474 Arnesbury

19,461 30

2 72

417

2 67

377 Bradford

17,183 79

2 32

330

2 58

293 Methuen

14,020 36

1 86

265

2 18

224 Boxford

13,704 26

1 69

233

2 11

107 Wenham

6,514 67

101

1 08

259 Manchester

10,298 84

1 45

225

1 57

197 Hamilton

10,227 92

1 33

195

1 60

159 Middlctyn

7,841 96

1 03

142

1 21

17,72,3

1,058,519 69

131 67

13,462

151 02

340

RESOLVES, 30th January, 1812.

COUNTY OF MIDDLESEX.

Polls. Torvns.

584 Cambridge
393 Watertown
1,264 Charlestowii
299 Woburn
S83 Concord
436 Newton
596 Reading
419 Marlborough
316 Billerica
395 Framingham
271 Lexington
339 Chelmsford
229 Sherburne
258 Sudbury
391 Maiden
269 Weston
367 Medford
325 Hopkinton

279 Wcstford

280 Waltham
182 Stow

99 Boxborough
429 Groton
164 Shirley
288 Pepperell
290 Town send
314 Dracut
145 Bedford
357 HoUiston
214 Acton
163 Carlisle
113 Dunstable
210 East Sudbury
141 Lincoln
193 Tyngsborough
192 Tewksbury

180 Wilmington
254 Ashby

207 Littleton

181 Natick
117 Stoneham
130 Burlington

278 West Cambridge
171 Brighton

13,003

On §1000, in-

Valuation

o/iaoi.

Aggregates.

cluding Polls,
at 2 Dtillesea

Polls.

On SIOOO.

830,477 35

S3 93

573

85 82

24,465 07

3 02

294

3 6

76,870 39

9 52

720

7 78

13,172 63

1 79

309

2 31

23,931 55

2 95

385

3 62

22,582 44

2 92

375

3 18

19,772 13

2 99

496

3 52

21,816 04

2 83

416

3 47

14,843 47

1 98

299

2 38

18,509 11

2 47

346

2 84

13,813 64

1 80

259

3 31

12,659 78

1 83

322

2 35

10,698 88

1 43

200

1 68

13,970 02

1 79

303

2 22

15,858 34

2 22

256

2 24

16,090 43

2 00

235

2 35

26,311 19

3 12

226

2 62

15,017 86

2 02

201

2 37

12,755 22

1 72

283

2 16

18,139 71

2 21

222

2 60

8,853 30

1 17

216

1 56

4,095 80

20,065 04

2 69

402

2 93

6,273 53

184

1 6

9,453 86

1 44

288

1 78

8,799 84

1 38

272

1 56

11,734 99

1 70

316

2 11

8,354 18

1 5

137

1 43

13,020 37

1 70

224

2 11

7,564 52

1 12

239

1 50

6,613 23

154

1 16

5,564 02

120

10,044 38

1 34

198

1 67

9,524 87

1 15

166

1 45

6,908 28

1 2

158

1 15

7,564 18

1 7

224

1 43

6,686 04

173

1 17

9,233 22

1 35

236

1 57

9,458 90

1 27

207

1 ,45

8,620 93

1 14

154

1 19

4,266 74

104

5,853 72

143

1 4

10,514 75

1 51

? Parts

of Cam-

12,030 05

1 43

5 bi

idge.

633,489 77

83 58

11,212

92 44

RESOLVES, 30th January, 1812.

341

COUNTY OF HAMPSHIRE.

Polls.

Towns.

297 Hadlev

678

Northampton

825

Springfield

830

West Springfield

498

Westfield

299

^Vorthington

190

Westhampton

375

South wick

232

Cunimington

251

Williamsburgh

290

Chesterfield

281

Longmeadow

106

Holland

156

Montgomery

250

Palmer

327

Blanford

298

Greenwich

421

Wilbraham

158

Easthampton

600

Belcherton

183

Norwich

153

South Brimfield

375

Brimfield

213

Granby

389

Gianville

218

Plainfield

269

Southampton

100

Pvussell

358

Chester

183

Middleficld

212

South Hadicy

375

Monson

239

Ware

156

Goshen

169

Tolland

165

Ludlow

261

Feiham,

217

Hatfield

419

Amherst

12,016

Aggreg-ates.

S15,806 53

30,286 17

28,119 25

30,971 93

19,773 50

11,700 17

8,636 47

8,964 02

8,134 17

10,132 15

8,876 47

10,447 69

3,697 84

2,925 54

6,957 70

13,090 70

8,535 21

13,323 96

4,398 01

15,782 95

6,067 92

5,419 50

12,639 04

6,843

12,232

8,343

8,654

3,086

9,077

7,545 67

7,288 68

12,625 17

6,746 2,7

5,584 99

5,805 48

4,724 14

6,795 88

12,955 05

14,494 15

417,490 16

57
94
19
47
42
10

On SIOOO, in-

Valuation o/lSOl.

cluding Polls,

at 2 mills each

Polls.

O/i^lOOQ,

S2 03

261

S2 05

4 11

600

4 24

4 21

432

3 28

4 48

622

4 50

2 79

408

2 89

1 66

262

1 88

1 16

163

1 25

1 56

209

1 36

1 20

211

1 34

1 42

230

1 45

1 40

283

1 73

1 51

221

1 47

106

128

1 14

227

1 28

1 84

329

2 15

1 Z7

282

1 06

2 05

344

2 02

130

2 63

423

2 22

196

1 04.

150

1 90

333

2 14

1 05

194

1 12

1 89

437

o lo

1 20

167

1 32

251

1 54

352

I 61

1 05

224

1 15

1 08

, 192

1 24

1 90

323

1 99

1 09

221

1 IG

141

Part of G

ranville.

151

1 14

227

1 32

1 61

198

1 94

2 16

289

2 11

61 97

9,992

65 71

COUNTY OF PLYMOUTH.

969 Plymouth
709 Scituatc
552 Duxbury
313 Marshfield
1,239 Bridgewater
46

S33,345 80

S4 97

742

S5 44

32,862 48

4 40

574

4 90

18,151 74

2 75

393

2 49

16,212 33

2 11

315

2 72

48,902 80

6 92

I 1,121

8 51

,342

KESOLVES, 30th January, 1812.

Polls. Totvns.

1,069 Middleborough
847 Rochester

231 Plympton

451 Pembroke

279 Kingston

395 Abing-ton

270 Hanover

172 Halifax

200 Wareham

205 Carver

605 Hingham

32 Hull

8j538

982
1,096
375
631
361
609
393
387
266
378
247
215
1,292
604
208
242

8,286

Taunton

Rehoboth

Swanzey

Dartmouth

Norton

Attleborougb

Dighton

Freetown

Raynham

Easton

Mansfield

Berkley

New Bedfordi

Westport

Somerset

Trov

Aggregates.

§37,533 75

18,415 69

6,496 39

18,562 05

12,653 52

15,071 58

12,046 93

5,680 29

5,826 97

■ 6,279 72

25,650 20

2,163 63

315,864 27

On glOOO, in.\

eluding

Polls, W

at 2 mills each\

Valuation o/liJOl.

COUNTY OF BRISTOL.

§29,598

30,48 1

12,008

20,636

14,267

23,236

11,882

11,705

8,897

11,717

6,974

8,316

93,996

20,438

7,874

9,002

7>3

321,036

45 75

Polls.

943
596
197
445
262
372
236
173
186
207

On glOOO,

38
38
18
25
09
74
84
08

1 or

1 18

A7\PartofZ 98

2QSuJolk. ' 36

6,804

47 48

COUNTY OF BARNSTABLE.

802 Barnstable,

SI 9,070 95

573 Sandwich

18,955 29

488 Yarmouth

12,105 85

178 Eastham

3,071 66

399 Harwich

7,993 30

324 Wellfieet

4,182 17

599 Falmouth

15,800 33

272 Truro

4,617 04

349 Chatham

6,503 31

•220 ProvincetowTX.

5,112 84

359 Dennis

5,988 19

303 Orleans

4,498 46

276 Brewster

6,921 74

5jU;:

U4;821 14

g3 34

668

1S3 42

2 87

482

3 42

2 06

499

2 12

166

1 53

602

2 85

1 03

242

2 64

424

2 49

259

1 01

1 26

295

1 36

196

1 25

340

I 44

1 02

242

1 06

1 18

Part of Harwich.
1

.20 73

4,365

1 21 63

RESOLVES, 30th January, 1812.

343

Polls. Towns.

289 Edgartown
254 Tisbuiy
176 Chilmark

719

DUKE'S COUNTY.

Ag-^regates.

S6,312 96

8,645 21

10,016 04

24,974 21

On ^1000, in-
cluding Polls,
at 2 mills each

SI 15
1 30
1 26

Valuation 0/I8OI.

Polls.

273
236
162

671

On glOOQ.

SI 44
1 39
1 39

4 22

COUNTY OF NANTUCKET.

2,043 NanUicket g 126,268 48 | S15 57 || 1,440

COUNTY OF WORCESTER.

600 Worcester

S63,666 40

608

S6 40

405 Lancaster

16,978 55

350

2 63

422 Mendon

17,483 36

341

2 77

825 Brookfield

32,200 73

767

5 67

314 Oxford

10,783 61

269

I 82

600 Charlton

25,112 08

462

3 76

610 Sutton

25,218 66

518

4 36

294 Leicester

13,797 88

269

2 12

348 Spencer

15,476 96

350

2 58

287 Rutland

17,089 07

306

2 47

200 Oakham

8,070 66

200

1 25

282 Hubbardstoii

11,936 39

276

1 86

215 New Braintree

9,575 53

215

1 63

204 Southborough

9,525 22

199

i 45

265 Westborough

12,740 52

260

2 04

197 Northborough

8,519 78

156

1 Ct ^

330 Shrewsbury

13,140 22

266

1 99

291 Lunenburgh

12,297 24

291

2 09

378 Fitchburgh

11,532 85

296

1 7S

303 Uxbridge

17,148 39

303

2 39

150 Northbridge

5,130 95

1 -T 'T
1 Ov>

375 Harvard

13,503 01

363

2 38

267 Bolton

10,536 80

245

1 69

142 Berlin

6,245 42

133

470 Sturbridge

20,440 ZO

431

3 12

384 Hard wick

14,439 91

387

2 6S

257 Western

10,717 91

232

1 SI

399 Leominster

13,536 05

337

2 07

260 Holdcn

12,310 92

256

2 OS

250 Douglas

7,532 67

242

1 39

254 Grafton

12,363 44

217

1 38

375 Petersham

17,2;n 28

347

2 82

321 Royalston

10,621 67

298

1 84

S84 Westminster

.15,830 56

■3

21 I

334

2 30

344

RESOLVES, 30th January, 1812.

On SIOOO, in-

Valuation

o/18(U.

Polls. To-wns.

Aggregates.

cluding Polls,
at 2 milk each

Polls.

On glOOO,

254 Athol

S10,360 65

SI 45

246

%\ 58

284 Tcnipleton

10,444 95

1 52

257

I 75

254 /rincetown

15,438 30

1 91

242

2 2/

259 Ashbvirnham

9,950 36

1 42

229

1 45

301 Wiiicheudon

10,851 42

1 59

' 270

1 88

224 Upton

7,608 27

1 14

207

1 35

298 Dudley

12,276 90

1 72 .

231

1 75

159 Paxton

7,162 53

143

1 10

452 Barre

24,088 88

3 09

428
132

3 67

133 Ward

6,549 28

1 09

208 Miiford

11,245 42

1 44

200

1 64

422 Stcriing

16,771 77

2 36

388

2 93

181 Boyiston

9,204 02

1 20

263

1 91

197 Gardner

7,017 60

1 03

161

203 Gerry

8,423 35

1 18

199

1 32

156 Dana .

3,253 05

141

174 West Boylston

r,911 01

1 07

New Town.

5,827

701,312 75

95 40

: 14,392

107 52

COUNTY OF BERKSHIRE.

476 Sheffield

SI 7,821 77

423

82 78

74 Mount Washington

2008 40

404 Great Barrington

13,119 54

384

2 25

434 New Marlborough

11,377 63

399

2 18

40 1 Williaiiistown

17,342 94

405

2 59

310 Lanesborough

13,543 62

314

2 28

84 New Ashford

2,677 43

751 Pittsfield

25,956 91

523

3 58

300 Lenox

11,015 26

253

1 78

346 Stockb ridge

13,615 61

306

2 20

166 Egremont

5,486 96

171

405 Tyringham

8,960 50

370

1 9Q

375 Sandisfield

12,382 13

365

2 16

46 Southfield

1,479 42

217 Beckct

8,263 86

206

1 30

234 W^indsop

7,126 64

219

1 53

247 Hancock

7,831 99

228

1 39

242 Richmond

10,847 00

242

1 82

187 Washington

5,844 90

203

1 00

258 West Stockbridge

7,186 40

218

1 32

118 Alford

4,421 28

122

453 Adams

13,791 23

312

2 07

375 Lee

9,961 98

155

1 57

375 Cheshire

13,583 92

296

2 05

183 Dalton

6,631 85

193

1 19

165 Savoy

3,728 01

116

52 Clarksburg'

T,667 04

23.

RESOLVES, 30th January, 1812.

Polls. ToivriSf Jlffgre^tes.

t:38 Otis 5,182 10

345

On §1000, in-
cluding- Polls,
at 2 milla each

167 Hinsdale
85 Florida

6,182 94
1,396 24

204 Peru 6,469 10

24 Gore of land N. of Florida 279 72

3,385

277,184 26

jgO 95

90
30

I 00 i

41 97

Valuation o/*1801.
Polls. \0n glOOOr.

{Loudon and
221 %\ 02
Bethlehem.
New Town.
New Town.
C 319 1 7\

\ Patridgefield.

7,317

45 13

COUNTY OF NORFOLK.

1,050 Roxbury

862,357 70

S7 93

663

S8 08

642 Dorchester

39,014 19

4 81

458

4 81

S75 Milton

17,784 69

2 37

273

2 50

270 Braintree

14,427 34

2 00

253

2 26

422 Weymouth

20,466 47

2 83

413

3 18

642 Dedham

28,795 85

3 95

459

4 08

188 Brookline

17,593 70

1 99

114

2 00

204 Medfield

8,994 52

1 27

196

1 57

123 Dover

7,138 86

128

1 16

237 Stoughton

6,535 36

1 04

232

1 28

200 Sharon

8,932 53

1 16

242

1 48

333 Medway

13,937 36

1 97

276

2 24

278 Walpole

12,128 89

1 59

237

1 69

600 Wrcntham

22,835 94

3 12

494

3 39

S75 Franklin

16,453 01

2 22

296

2 51

193 Bellingham

8,205 57

1 11

171

1 35

291 Needham

11,839 11

1 66

261

1 81

216 Cohasset

S,902 22

1 33

175

1 50

193 Foxborough

7,976 41

187

1 20

267 Quincy

17,668 55

2 14

181

2 20

279 Randolph

10,927 91

1 50

215

1 74

375 Canton

9,121 67

1 54

243

1 57

7,753

373,037 85

49 42

6,167

53 60

t-OUNTY OF FRANKLIN.

268 Greenfield

S12,963 85

SI 72

259

S2 1©

403 Deerfield

19,360 60

2 56

374

2 84

474 New Salem

14,470 22

2 26

436

2 50

280 Northficld

12,010 77

1 65

252

1 85

224 Wendell

5,658 89

165

135 Sunderland

4,961 69

128

241 Montague

6,938 32

1 11

240

1 24

216 Shutesbury

4,744 28

195

£42 Orange ^

8,544 o5

1 26

168

I 2p

346

RESOLVES, 30th January, 1812.

Polk. Towns.

291 Warwick
182 Leverett
217 Charlemoiit
220 Leyden
194 Heath
403 AshfieW
175 Bernardstown
241 Hawley
194 Rowe
223 Shelburne
228 Buckland
235 Whately
412 Conway
158 Gill
448 Colerain

S 10,757 00
4,062 63
6,188 25
7,047 75
4,866 42

10,931 84
7,082 28
5,794 09
4,116 96
7,892 93
6,303 92
8,703 81

16,780 77
4,996 22

15,061 71

6,304

210,239 55

On SIOOO, in-

Valuation

chiding Polls,

at 2 mills each

Polls.

SI 56

276

152

1 00

181

1 09

■203

11-7

1 80

274

167

1 01

21.'>

155

1 17

239

1 03

225

1 26

166

2 35

456

144

2 26

348

31 73

5,565

On !S1000.

SI 92

1 18

1 83

1 16

1 08

1 42

1 03

1 14

3 ir

2 27

COUNTY OF YORK.

687

York

410

372

Kittery
Elliot

,056

Wells

473

Arundel

378

Biddeford

937

Berwick

436 Lebanon

366 Sandford

237

Alfred

286
289
308

Lyman
Philiipsburg
Waterborough

511

180

Shapleigh
Newfield

385

Parson sfi eld

401

212

Limington
Comish

243

Limerick

491

Buxton

635

Saco

9,293

g26,623 36

g3 79

607

S4 58

14,977 42

2 18

711 1 4 79

13,607 04

1 98

Part of Kittery,

35,429 76

5 33

866

5 70

17,647 91

2 54

418

2 7&

13,408 59

1 97

311

2 16

33,529 62

4 92

840

5 89

10,727 78

1 84

349

1 83

6,913 44

1 35

274

1 35

6,559 43

1 17

203

1 12

6,798 70

1 19

243

1 26

6754 14

1 19

232

1 11

6,292 90

1 18

223

1 15

12,990 53

2 20

363

1 86

3,412 98

118

10,819 79

1 75

270

1 42

8,573 48

1 57

264

1 34

5,774 77

146

7,212 10

1 14

188

1 02

16,467 96

2 47

403

2 62

24,180 27

3 46

434

3 50

288,522 07

44 82

7,462

46 66

COUNTY OF CUMBERLAND.

1,406 Portland S9 1,295 24 gll

1,050 Falmouth 29,532 52 4

!1 North Yarmouth 29,481 82 4

499 Scarborough

601 Gorham

350 Cape Elizabeth

S9 1,295

29,532

29,481

22,018

17,694

8,412

13
81

34
1

1,001
756
601
516

507
296

4
4
3
2
1

19
95
15
75
87
60

RESOLVES, 30th January, 1812.

o'l/

Polls. To-ivns.

Aggregates.

472 Brunswick

S15,698 47

476 Frecpoit

15,759 94

359 New Gloucester

15,217 35

256 Harpswell

8,982 52

365 Windham

10,722 83

335 Standish

9,599 65

276 Gray

9,500 87

363 Durham

11,803 07

186 Poland

4,286 35

480 Minot

10,463 28

289 Otisfield

5,060 63

193 Bridgetown

5,795 39

182 Raymond

3,603 51

133 Baldwin

3,158 24

168 Pownal

4,001 98

165 Pejepscot

3,273 98

92 Harrison

2,317 77

5 Thompson Pond and > n,^ oe
^" ^ Shaker Settlement. 5 ^'^^ ^^

9,577

338,495 07

On glOOO.m-

Valuation

0/1801.

cluding Polls,
at 2 mills each.

Polb.

On glOOO.

S2 38

428

S2 44

2 39

515

3 10

2 11

316

1 71

1 34

275

1 60

1 71

259

1 67

1 55

263

1 28

1 43

220

1 18

Tsi

290

1 55

432

2 49

1 92

Part of Poland.

130

158

106

Part of Freeport.

110

Part of Bridgetown

49 92

7,294

48 49

499 Georgetown
375 Nev.- Castle
257 Woolwich
486 Wiscasset
330 Bowdomham
292 Topsham
372 Boothbay
646 Bristol
518 Waldoborou^h
281 Edgecomb
347 Warren
495 Thomastown
634 Bath
292 Union
358 Bowdoin
285 Nobleborough
135 Gushing
377 Camden
356 Dresden

188 Alna

238 Lewiston
419 Litchfield
356 Lisbon
249 St. George

183 Hope
178 Palermo
235 Montville

COUNTY OF LINCOLN.

52 09

1 38

1 36

2 94
1 36
1 37

1 42

2 83
2 30
1 23

1 64

2 16

3 10
I 16
1 30
1 16

57
1 54
1 06

12,006
9,140

87
76

9,286

21,609

7,647

8,688

7,401

16,932

13,905

30
83
13
38
71
76

7,335
10,388

12,924

20,099

6,325

09
37
86

6,451
6,469
3,284

84
45
87

8,676
5,998

27
70

7,281

4,969
6,783
6,602
3,669

05
81

72
64

3,331

2,977

<? Kz*r

1 04

93
I 45
1 31

67
63
79

384

206

224

384

167

202

260

431

327

178

223

311

330

200

216

163

227

229

167

CNewMilford,
\ 173

193

221

239

82 26
1 42
1 51
3 18
94
1 47

1 37

2 74
2 04
1 14
1 49

1 91

2 01
1 02
1 02

88
1 21
1 28

1 13

1 02

1 03

Part of Gushing.
5 New Town,
i 94 I 47

(Great Pond settl.
I 100 ( 54

C Davis Town PI.
J 35 I 14

348

RESOLVES, 30th January, 1812.

Polls. Towns.

266 Jefferson §5,256 42

109 Friendship 2,301 22

217 Whitfield 4,443 50

79 Putnam 1,662 79

96 Wales 1,786 62

72 Appleton Ridge Plant. 1,563 65

38 Montville Plantation 1,053 86

25 Patricktown Plantation 926 85

10 Collamore Ridge Plant. 721 23

\0n ^1000, 171-

.Aggregates, [chiding- Polls,

at 2 miils each

10,093

253,464 81

11 01

31
o5
29
17
13
08

43 23

Valuation 0/I8OI.
Ptlls. I On §1000.

5 Part of Ballstown
I 308 I %\ 61
New Town.
Part of Ballstown.
New Town.

68 29

6,260

37 00

COUNTY OF KENNEBEC.

443 Augusta

S10,55l 51

SI 85

276

SI 52

209 Belgrade

3,447 19

136

103 Chesterville

2,510 21

231 Clinton

4,757 78

130

173 Fayette

4,302 84

130

402 Farmington

9,741 96

I 69

230

1 12

218 Fairfax

4,240 57

C Freetown Planta.
? 66 1 30
Part of Pittston.

237 Gardiner

8,259 96

1 23

257 Greene

7,236 04

1 17

133

202 Harlem

4,702 73

132

484 Halloweli

14,278 35

2 27

295

1 62

276 Leeds

5,365 17

1 04

132

288 Monmouth

6,410 16

1 16

183

240 Mount Vernon

5,565 68

194

130 Malta

1,698 96

NeA7 Town.

197 New Sharon

4,554 43

98 1 4S
259 [ 1 53

213 Pittston

6,457 34

1 01

131 Rome

781 01

Part of Mt. Vernon.

326 Readfield

8,918 12

1 46

216. 1 28

370 Sidney

8,995 13

1 56

229 1 07

1 1 4 Temple

1,551 22

New Town.

176 Unity

2,978 82

5 25 Mile
\ 95

; Pond PL

94 Vienna

2,331 52

450 Vassalborough

13,392 17

2 12

298

1 53

321 Winthrop

10,570 31

1 60

255

1 54

127 West Pond Plantation

1,248 82

191 Wayne

3,584 89

153 Wilton

3,045 05

5 Tyngstt
I 66

:>vn\ Plan.
30

166 Winslow

4,946 09

353

1 40

293 Waterville

6,716 16

1 20

Part of Winslow.

46 25 Mile Pond Plantation 400 00 |

83 Beaverhill Plantation

500 00

54 Bndgeton Plantation

500 00

398

174,538 19

30 66

4,130

20 11

RESOLVES, 30th Januuary, 1812.

349

COUNTY OF HANCOCK

Polls. Tor.mv.

319 Belfast
303 Penobscot
324 Onington
294 Sedgwick
234 Islcsborough

164 Blue Hill
106 Trenton
175 Sullivan
121 Goldsborough
228 Vinal haven
360 p^-ankfort
360 Buckstown
283 Prospect
288 Hampden
265 Castine

165 Northport
153 Eden
111 Orland
163 Ellsworth
213 Lincoln ville

78 Surry

80 Dixmont

65 Eddington

61 New Charleston

6S Garland

55 Exeter

64 Plantations No. 8 and 9
360 Deer Isle
244 Bangor
347 Mount Desert

25 Carmel

38 Corinth

70 Orono
163 Green's Plantation

95 Knox Plantation

43 Lincoln Plantation
70 Jackson Plantation

44 "Washington Plantation
61 Swan Plantation
46 Lea Gore

51 Township No. 2, IstR.
33 Township No. 2, 2d H.
25 Township No. 1, Sd R.

52 Township No. 2, 3d R.
32 Township No. 3, 3d R.
29 Township No. 3, 6lh R.
43 Township No. 4, Tth R,

0?i ^IQOO, in-

Valuation 0/I8OI.

Jl^^rcjates.

cludiv!^ Foils
at 2 milU each

Polls.

On SIOOO.

Sr,493 76

gl 32

178

7,185 32

1 26

177

7,349 51

1 32

171

7,994 55

1 31

196

3,1 14 26

5,668 52

117

3,380 82

115

3.838 03

164

5,245 85

4,190 82

167

8,324 37

1 47

206

7,661 02

1 42

138

5,587 34

1 07

169

9-1

7,573 59

1 26

196

1 1,334 56

1 56

204

4,270 84

124

3, .".51 04

3,291 30

4,055 42

5,552 98

145

C Plantation No

■ 6,

2,365 30

l 50

2,551 20

New Town.

1,547 18

33 1

1,353 38

New Town.

1,373 32

New Town.

1,400 12

New Town.

2,045 50

7,792 6 5

1 43

201

3,650 96

1 01

100

4,207 22

145

948 50

New Town>

1,032 60

New Town.

1,373 70

New Town..

1,294 72

865 32

672 2Q

877 20\

744 13

813 60

492 65

14'

1,438 60

929 02

543 45

825 94

690 50

448 33

, 506 33

13 !

350

RESOLVES, SOth January, 1812.

Polls. T0V!71S,

Aggregates.

36 Township No, 4, East > 0363 32

of Penobscot River. 5
71 Moriaville Plantation 728 34

■478 80

6,852

Township No. 8, between Penobscot
River and Lottery Townships ; al-
so, a Gore lying north of and ad-
joining- >5o. 8 3

Township No. 5, 9th R«ng-c, granted"^ 134 40
to the town of Boston. 3

Townships No. 4 and 5, 5lh Range, 7 552 40
granted to Dowdoin College 3

Township No. 4, 2d Range 406

Part of Township No. 3, on the east"^
side of Penobscot River, granted V- j ^
to J. Soiithgate j

Part of Townsliip No. 3, on the east")
side of Penobscot River, granted >
to Benjannin Eppes and Companyj

Part of Township No. 3, east of Pe-"?
nobscot River, granted to A.Forbes 3

Twenty-five Townships of Land"^

east of Penobscot River, grant- > 4,500
ed to William Bingliam j

Township No. 10. adjoining Steuben,") „ -c, ^^
granted to William Bingham S

168,973 13

150 86

12 00

On%\mQ, in-
cluding Polls,
at 2 mills each

SO 10
21

044

012

060
037

001

014
001
409

Valuation of 1801.

023

29 06

Polls.

On glOOO,

3,400

S16 98

COUNTY OF WASHINGTON.

426 Machias

142 Columbia
88 Addison

1 1 1 Harrington

143 Jonesboroue-h

4 5 Cherryfield

75 RobbinstoAvn

285 Eastport

144 Lubec

124 Calais

125 Steuben
70 Plantation, No
95 Plantation, No,
S4 Plantation, No.
64 Plantation, No.' 1 1
23 Plantation, No

1,984

Township No. 10, on Pfssamaquoddy ")
Bay, granted to Aaron Hobart 3

Township No. 14, on Cobbescook"^
Bay, granted to Oliver Wendell C
and others \

Township No. 13, on Passamaquoddy'^
Bay, granted to Charles Turner C
and othtrs. S

811,354 74

4002 78

1,695 40

2,953 81

2,390 24

i,089 12

1,555 52

5,054 04

2,655 51

2,156 45

2,588 20

666 34

864 35

377 54

663 82

340 26

369 95

367 20

460 80

241

gl 22

49
50
19 '

New Town.

135 1 59

Part of Eastport.

New Town.

034

033

042

RESOLVES, 30th January, 1812.

351

^Ig^regates.

Township No 15, on Cobbesc')ok. Bay") c,
granted to Leonard Jarvis & others 5

Township No. 13, West of Machias,
gi'anted to John Peck

A Township of Land on the eastern
boundary line of the State, adjoin-
ing- land granted to New Salem
Academy — grant made toWilliams'
College

Half of Township on the eastern "^i
boundary line of the State, adjoin- r

87 10

04 64

261 12

ing land granted to Groton Acad- ^
emy — originally granted to \Vest- V
ford Academy 5

132 48

igham Academy

Twenty-five townships of Land"^

east Oi Penobscot River, grant- V 4)000 00
ed to William Bingham 3

Townships No. 11 and 12, adjoining"^

Harrison and Steuben, granted to V 890 04
William Bingham 3

47,611 93

OnSiOOO,«Hi
clmling- Pollsii
it 2 mills each

026 !

028

024

012

0!2

164

081

8 302

Valuation q/'lBOl.
Polls. \0n §1000.

738

3 59

COUNTY OF SOMERSET.

Polls. Tovjns.

190 Noriidgevvalk

S4,763 80

SO 81

156

SO 65

294 Canaan

7,232 23

1 16

157

296 Fairfield

6,712 64

1 20

197

65 Avon

1,164 55

New Town.

143 Anson

2,822 45

158 1 59

87 Athens

l,6r8 70

C Kinsinantewn P.
\ 26 14

109 Cornville

2,514 59

60 1 27

77 Embden

1,597 72

New Town.

62 Freeman

1,109 83

New Town.

76 Harmony

1,398 73

C Van ghan town P.
I 25 12

123 Industry

1,921 10

80 ! 33

159 Madison

J,512 90

C Beinardstown P.
/ 40 20

1 16 Mercer

2.063 65

New Town.

1 10 New Vineyard

2,268 97

74 1 28

86 New Portland

1,827 20

C 7 Mile Brook P.
i 80 2o

42 Palmyra

1,213 73

New Town.

189 Starks

.3,741 39

1 17 48

108 Strong

2,050 26

40 23

66 Solon

1,750 18

New Tew n.

29 Plantation No. 4,

6th R

. 400 00

14 Plantation No. 6,

7th R.

300 00

8 Plantation No. 7,

7th R,

300 00

3 1 Sebasticooli Plantation

500 00

152

RESOLVES, SOihJanuarv, 1812.

Polls.

Towns.

Js'.i^rs.srntes.

14
12

5" Plantation No. 1, 2d U. east^
C. side of Kennebec river 3

Plantation No.l, 1st R. west I
side of Kennebec rixer 3
C Plantation No 2, IstR. west ;
t side of Kennebec river 5
5 Plantation No.3, 1st R. west
(_ side of Kennebec river

Plantation Curvo

200 OS

200 04

I 200 05
750 15

2,611

One Million acres of Land, called"])

the Kennebec Tract, granted C 13,000 00
to William Bingham 3

Township No. 5, 4th Range, north ^J

of the Waldo Patent, granted to C 640 00
John Warren \

Part of Township No, 5, 2d Range,"^

north of the Waldo Patent, grant- C 20 00
ed to William Shepherd. 3

Township No. 4, 3d Range, north")

of the Waldo Patent, granted to C 544 00
David Greene j

Part of Township No. 5, 2d Range,")
north of the Waldo Patent, grant- C 282 88
ed to John Barrett and others S

69,181 55

On §1000, m
eluding- PoU^,
at 2 mills each

1 09
06
002
05
02

11 08

COUNTY OF OXFORD.

312 Paris
287 Hebron
279 Turner
283 Buckfield
257 Norway
245 Fryeburg
J 96 Waterford
375 Livermore
157 Hartford
162 Sumner
202 Bethel
103 Brownfield
255 Jay
82 Hiram
156 Rumford

63 East Aridover
102 Lovell,

64 Porter
40 Albany
94 Dixfield
t?0 Denmark

g7,421 17
6,996 99
8,104 79
7,321 40
5,720 33
7,330 11
5,173 27
7,549 57

3.789 28
3j590 28
4,072 04
J,827 69

6.790 66
1,561 21
3,482 36
1,278 29
1,904 94
1,244 67

859 75
1,429 43
3,907 67

SI 29

1 20

1 30

1 23

1 04

1 16

1 43

* 78

1 12

Valuation n/lSOt.

Foils.

1,210

On glOOO.

181

■ go 97

191

1 08

202

1 14

209

127

161

135

177

130

100

/ 17

RESOLVES, 30th January, 1812.

353

JPolls, Toii/ns.

Aggregates.

47 Newrjr g 1,042 72

42 Gileac) 784 67

46 Plantation No. 3, 485 90

5 5 Plantation No. 4, 583 40

15 Holmanstown Plantation 523 86
72 Webb's Ponxl Plantation 1,126 96
50 Lunt's Grant and ^ atq •

Ihompson Town PI. 5 ^'^ ^^
10 Howard's Gore Plantation 286 20

4,130

A tract of Land adjoining' LoygII ]
and New Hampshire line, granted f
to John Bradley and Jonathan i
Eastman j

Township No. 4, between Kennebec")
and Androscoggin rivers, granted >
to Benjamin Ames j

Township No. 3, between Kennebec)
and Androscoggin rivers, granted >
to Jacob Abbot j

Part of Township No. 6, between^
Kennebec and Androscoggin riv->
ers, granted to Seth Wetmore j

Part of Township No. 7, between")
Kennebec and Androscoggin Riv- >
ers, granted to John Derby j

Part of Township No. 8, between")
Kennebec and Androscoggin Riv- >
ers, granted to Sarah Waldo j

A tract of Land adjoining Gilead, f
granted to Fryeburg Academy S

A tract of Land adjoining Lovell, ?
granted to Fryeburg Academy y

Township, Letter D, between Ken-
rebec River and New Hampsh'
Line, granted to Jona. Gardne

Township, Letter E, between Ken
nebec River and New Hampshire
line, granted to Jona. Cummins

Township No. 1, 1st Range, between
New Hampshire line and B
ham's Million Acres, grante
Moses Abbot

Township, Letter A, No. 1, adjoin-0
ing New Hampshire line, granted V
to Phebe Kelcham j

Township, Letter A, No. 2, adjoin-")
ing New Hampshire line, granted ^
to John I. Holmes j

Township No. 2, 1st Range, between ^
New Hampshire line and Bing- f
ham's Million Acres, granted to C
Thomas Service 3

Township No. 3, 2d Rauge, between )
New Hampshire line and Bing- f
ham's Million Acres, granted to Q
"William G^bert and others 3

lienO

hire >
jr 3

rCen-")
hire >
is 3
ween i
3ing- f
;d to i

10 40
549 45

530 25
432 30

567 67
530 88

374 40

471 04

0;iglOOO,eVj.
eluding Polls,
at 2 mills each
go 19
16
13
17
08
26

001

p50

048
039

052

048

030

007 U

035

035
038
050
049

034

043

Valuation 0/I8OI.
Polls. On glOOO.

354

RESOLVES, 30th January, 1812.

^ggve^ates.

Township No. 2, 1st Range, between ^
New Hampsliire line and Bing--f ^06
ham's Million Acres, granted to i
Thomas Service. 3

Township No. 4, 3d Range, between i
New Hampshire line and Bing-l.
haiTi's Million Acres, granted toC
Diinlap & Grant ^

Part of Township No. 6, between i
Kennebec and Androscoggin riv- ^
ers, granted to Jacob Abbot J

T»wnsb
New
ham
A. Cutter

Surplus of Townships, Letter C,"!
adjoining New Hampshire, grant- ^
ed to John Peck J

236 64

88 00

257 34

244 12

On §1000, in.

eluding Polls,
at 2 mills each

go 046

022

008

023

022

102,354 4,i

17 56

Valuation of 1801.
Polls. \on glOOO.

2,073

10 68

AGGREGATES OF COMMONWEALTH.

Polls.

Counties.

104)94

Suffolk

17,723

Essex

13,002

Middlesex

12,016

Hampshire

8,538

Plymouth

8,286

Bristol

5,142

Barnstable

719

Duke's County

2,043

Nantucket

15,827

Worcester

S,385

Berkshire

7,753

Norfolk

6,304

Franklin

9,293

York

9,577

Cumberland

10,093

Lincoln

7,398

Kennebec

6,852

Hancock

1,984

Washingtoji

2,611

Somerset

4,130

Oxford

J67,770

>Aggregates.

On the 551000

81,297,132 18

S138 10

1,058,519 69

131 67

633,489 77

83 58

417,490 16

61 97

315,864 27

45 78^

321,036 24

45 75

114,821 14

20 72

24,974 21

3 71

126,268 48

15 57

701,312 75

95 40

277,184 26

41 97

373,037 85

49 42

210,239 55

31 73

^88,522 07

A>4< 82

838,495 07

49 92

253,464 81

43 23

174,538 19

30 66

168,973 13

29 06

47,611 93

8 302

69,181 55

11 08

102,354 42

17 56

7,310,660 71

1,000 go

RESOLVES, 27th February, 1812. 555

cxxx.

Resolve on the petition of Isaac TFtlkins and others^ for services
in exploring and making a road from Penobscot io Chaudire
river, granting pay. 18th February, 1812.

On the petition of Isaac Wilkinsand Seth Kempton, two of
the Commissioners appointed by the Legislature of the Com-
monwealth of Massachusetts, together with John Davis, for
the purpose of exploring and making a road from the tide
waters of the river Penobscot, in a direction to the nearest set-
tlement on the river Chaudire, praying that some person or
persons, may be appointed to settle and adjust their accounts.

The Committee of both Houses, to whom was referred the
above petition, having examined their accounts, asxk leave to
report the following resolve.

Resolved, That there be allowed and paid out of the treasury
of this Commonwealth to John Davis, of the plantation of
Jackson, two hundred and thirty-six dollars and ninety-five
cents ; to Isaac Wilkins, of Brownville, five hundred and
eighty-two dollars and eighty-one cents ; to Seth Kempton, of
Hampden, three hundred and thirteen dollars and one cent ;
and to Isaac Wilkins aforesaid, the further sum of two hundred
and eighty- four dollars and eighty-four cents, balance due the
Commissioners, by their account of expenses, the several sums
before named being in full for their services in exploring the
said road^ and surveying the same.

Message from His Excellency the Governor.

Gentlemen of the Senate, and
Gentlemen of the House of Representatives,

In the office of the Secretary of this Commonwealth, arc
files of newspapers printed in this metropolis, from the first 6f
June last to the present time ; and the libellous publications in
them have been officially reported at my request, by the joint
efforts of the Attorney and Solicitor General. Their report
No. 1. will show, that within the period mentioned, ninetv-ninc
libels have been printed in the Scourge, fifty-one in the Co-
lumbian Centinel, thirty-four in the Repertorv and General
Advertiser, thirty three in the Boston Gazette, eighteen in the
New- England Palladium, and one in the Weekly Messenger,
.making two hundred and thirty-six Whtl'i, m wh:^t arc styled

35^ RESOLVES, 27th February, 1812.

the Federal newspapers ; also, eight in the Independent Chron-
icle, nine in the Boston Patriot, and none in the Yankee,
making seventeen libels in those denominated the Republican
newspapers.

In this Commonwealth, there being no statute in regard to
libels, they are subject to restraint and punishment by what is
called the common law of England, as sanctioned by our Con-
stitution. This provides, " That all the laws which have
heretofore been adopted, used, and approved in the proviiice,
colony, or state of Massachusetts Bay, and usually praciistd
on in the courts of law, shall still remain and be in full force,
until altered or repealed by the Legislature ; such parts only
excepted^ as are repugnant to the rights and liberties ccuiainf:d
in this constitution." And the laws *' in full force" include
the common law.

" The first ground and chief corner stone of the laws of
England (according to the celebrated Blackstone) is general
immemorial custom or common law, from time, lo time
declared in the decisions of the courts of justice ; which de-
cisions are preserved among their public records, explained in
their reports, and digested for general use, in the authoritative
writings of the venerable sages of the law. K\A those decis-
ions are evidence of what is common law."

Every provision by our statutes, opposed to any rule of the
common law, repeals it ; and such other rules thereof " as are
repugnant to the rights and liberties contained in the constitu-
tion," but not specifically revoked by such statutes, add to
what is sometimes called " the glorious uncertainty of the
law."

If the Supreme Judicial Court are, as cases may occur, by
their decisions to declare, what maxims or rules of the com-
mon law^ " are repugnant to the rights " and liberties contained
in the constitution," it may be well to consider the result, as
it will affect the lives, liberties, and property of the citizens of
this Commonwealth ; and other important points.

The constitution declares, " That it is the duty of the peo-
ple, in framing a constitution of government, to provide for an
equitable mode of 7;2a/rm^ laws, as well as for an impartial inter-
pretation and a faithful execution of them, that every man may
at all times find his security in them." But the powers of
making, interpreting, and executing the laws, when vested
in any man or body of men, forms a complete tyranny, and
the two first powers thus exercised will approach it. Our
■\ constitution therefore has wisely provided, " That in the gov-

RESOLVES, 27th February, 1812. 357

ernment of this Commonwealth the legislative department shall
never exercise the executive and judicial powers, or either of
them ; the executive shall never exercise the legislative and
judicial powers, or either of them ; the judicial shall never ex-
ercise the legislative and executive powers, or either of them ;
to the end it may be a government of laws and not of men."

That the Legislature has u right, by a declaratory act, to
ascertain such exceptions of the common law as are repugnant
to the constitution, will it is presumed not be denied, neither
will it probably be contended, that, in similar cases this has
been the practice, or that it is a mode the most prompt and
best adapted to render the law clear and certain. If there ex-
ists then in the Judicial Department, a concurrent, for there
cannot be an exclusive authority, in regard to this point, will
not the important constitutional provision, for keeping the
three great departments distinct, be thus far defeated ?

The learned Judge referred to, states, that " statutes are
declaratory, where the old custom of the kingdom is almost
fallen into disuse, or become disputable , in which case, the
parliament has thought proper, in perpetuum rei testimonium,
and for avoiding all doubts and difficulties, to declare what the
common law is, and ever has been." Thus in England, the
source of the common law, the Legislature when an old custom
is almost in disuse, or is disputable, declares what is law.
But does it appear that their judiciary are permitted to do this ?
If then the judiciary of this Commonwealth is left to declare,
by its decisions, what "disputable" parts of the common
law are excepted bv the constitution, will it not, under the form
of a judicial, exercise a legislative authority? — But will not
other serious consequences flow from such an exercise of
power, by the judiciary ? Municipal law is defined, "to be a
rule of civil conduct^ prescribed by the supreme power in a
state, commanding what is right, and prohibiiing what is
wrong." And how is a citizen to govern his " civil conduct"
by the common law, if he has a thorough knowledge of it,
when it may be altered by the Judge, at the moment he is to
pronounce a sentence, which may ailect the life, liberty or
property of such a citizen ? If the common law, according to
the practice in England, would justify a citizen, but accord-
ing to a decision of our Judicial Court, by which that law shall
be materially altered on his trial, should condemn him, would
not that citizen be thus in efFect^sentenced by an ex post facto
or retrospective law ? For how could he know what the law
is, until after his sentence? And if it can be conceived, that
48

358 RESOLVES, 27th February, 1812.

the Judges sliould be thus left to modify the law, must not
the slow process of their decisions, perpetuate the uncertainty
of the law, and render it impossible for good citizens to ascer-
tain the duties to be performed by them, in society ?

The common law, in regard to libels, as it exists in this
Commonwealth, in the opinion of the Supreme Judicial Court,
is stated in the fourth volume of Tyng's Reports, page 168, in
the case of the Commonwealth against William Clap. And
the Hon. Judge Parker, has been explicit on the subject, in his
charge to the Grand Jury, at the last term of the Supreme
Judicial Court in Suffolk. The manuscript of the charge was,
by order of the Judge, to have been delivered to me by the
printer, but was accidentally lost, or destroyed by him. The
Attorney General conceives that the charge is correctly printed
in the Boston Patriot, numbered 2, amongst the documents to
be delivered by the Secretary.

The honourable Judge Parker in his charge states, that "a
more important variance, (than had been by him mentioned)
*' from the strict common law principles, relating to libels, has
lately been adopted here, as resulting from the nature of our
government^ and the express provision of our constitution ; this
IS, that in trials of indictment for libels, upon persons holding
offices, which depend upon an election by the people, or per-
mitting themselves to be candidates for such offices, the
accused is permitted to give the truth in evidence." The
Judges have not confined themselves, in their variance from
the common law, " to the express provisions of our constitu-
tion, as it is conceived they ought to have done," but have
taken an indefinite rule for their conduct, namely, " the nature
of our government." They have also implied, if not expressed,
that in the support of libels upon Judges, and executive offi-
cers not elected by the people, the truth is not to be given in
evidence ; but their rcab.ons for these positions are not stated.
*' If a bad man is at any time held up for the office of Governor,
Senator, or Representative," it may be desirable, as Judge
Parker states, " to let the people know, through the medium
of the press, that they cannot elect such a man, without dis-
gracing or ruining themselves." And is it not equally true,
that if there are in office bad Judges, they ought to be placed
precisely on the same ground ; that their mal-practices being
publicly exposed, may meet prompt investigation, and produce
iheir removal and punishment ? Can it be contended, that as great
a proportion of Judges, as of other public functionaries, in all
countries and ages, have been bad men, although by their pro-

RESOLVES, 27ih February, 1812. 359

iessional address they may have been more successful in
escaping punishment? and if the conduct of a Judge isto be
exempt from the press, may not the judicial department, by
the power which they are now exercising, and by the doctrines
which are, and may be promulgated by them, establish an un-
constitutional and dangerous iniiuence in the state ?

The three great departments of government ought to be
filled by men of abilities and integrity, and to be mutually dis-
posed to the support of each other, and of the national govern-
ment ; but no powers ought to be given to good Judges, unless
indispensibly necessary, \vhich may be abused by such as are
bad. And if the judicial department of the state should at any
lime consist of bad men, who are desirous to oppose and over-
throw the national and state governments, or either of them, —
to favour or frown on individuals according to their political
opinions, — to punish severely one citizen, and lightly another,
for the same offence, — to protect the guilty and punish the in-
nocent, or to commit, under the garb of justice, any other atro-
cities,— ought not such 7nal- practices to be exposed by the
press, in order to procure the removal of every such offender
from office, as well as the misconduct of individuals, who are'
in or may be candidates for offices, to prevent their elections
by tlie people ? Chief Justice Parsons, in the case mentioned,
affirms, *' It u-ould be unreasonable to conclude, that the pub-
lication of truths, which it is the interest of the people to know,
should be an offence against law." And is it not for the in-
terest of die people to know, and through the medium of the
press ccnstantl}^ to receive information of the mal-practices, if
any there be, of every Judge, and to unite their public efforts,
for presenting facts to die Grand Inquest of the Commonwealth,
for impeaching, and to the Senate for removing such heinous
offenders ?

By the letter of the Attorney General, No. 3, it appears,
" That four bills of indictment were found by die Grand Jury
of Suffolk against the printer of the Scourge for libels, who
plead guilty to them all, and was sentenced to six months im-
prisonment in the county gaol — That four indictments WG:r(^
found against the vender of the same libels, who, having plead
not guilty, was tried on one of them, found guilty, and fined
fifty dollars, and recognised to keep the peace for twelve mqnths
— That two bills were found against the editors and publishers
of the Independent Chronicle for libels, to which they plead not
guilty, but were afterwards found guilty, and sentenced to two
months imprisonment — That presentments were also made to

360 RESOLVES, 27th February, 1812.

the Grand Jury against the editors and publishers of the Cohim-
bian Centinel, of the Nevv-iL,ngland Palladium, of the Repertory
and General Advertiser, and of the Boston Gazette — that other
presentments were made of the editor of the Scourge ; all for
supposed libellous matter in their respective newspapers — and
that to all these presentments the Grand Jury returned no bills.

It will also appear by the report of the Attorney General,
and Solicitor General, that " of the two hundred and fifty-three
libellous publications mentioned in it, fifteen of them bear date
subsequent to ^he dismission of the Grand Jury," and that of
the two hundred and thirty-eight remaining libels, bills of
indictment were found against ten only.

Such are the principles and effects of the common law, in
regard to libels : and whether it is best adapted to the punish-
ment or to the encouragement of them, the Legislature can best
determine. Those are the means by which the depraved and
profligate part of the communit}-, are making great efforts to
reduce to a level with themselves, such as have governed their
conduct by correct principles.

When it is considered that the common law of England, often
inconsistent and contradictory, has its origin as early as the tenth
century, that the customs on which it was then founded, had
existed time immemorial ; that of that distant age and region,
most of the maxims and rules are inapplicable to the present
times and country ; that the citizens at large of this Common-
wealth never were and never can be duly informed of that law,
recorded as it is in the numerous volumes of immense law libra-
ries; are not statutes indispensible to prevent an increase of
the uncertainty of the law, until it shall by our own code be
rendered no longer necessary, and to guard against the evils
which do and may result from the circumstances referred to ?
In stating them, I have had no intention to implicate any officer,
and hope for the indulgence of the Legislature, if on any points
they should entertain different opinions.

The Supreme Executive, on a petition from the printer of
the Scourge, representing the danger his life was in by his con-
finement, have pardoned him ; and on a petition of one of the
editors of the Independent Chronicle, supported by several
others from a great number of the respectable inhabitants of
Bostjpn and Charlcstown, and a letter from the Hon. Chief Jus-
tice Parsons, pardoned that editor. These documents are num-
bered from 4 to 7,

I regret, gentlemen, that circumstances, beyond my control,
prevented this communication at an early period of your ses-;

RESOLVES, 27th February, 1812.

361

aion ; the subject is too important, in my mind, to pass unno-
ticed ; and, although it may not be the cause of immediate
effects, may yet excite attention and produce them at a future
period.

E. GERRY.
Council Chamber y ^Ith February ^ 1812.

Report of the Attorney and Solicitor General.

To His Excellency Elbridge Gerry.

Sir,

In obedience to your request of the 8th instant, we have
carefully examined all the Newspapers, printed in the town of
Boston since the first of June, which were submitted to us, and
which we found deposited in the Secretary's office, and the
result of that examination is herein submitted. We found in
examining the Centinel, that it contained matters, in our opin-
ion, libellous in the following instances.

CENTINEL.

Libels at Common Law, where the
truth cannot be given in evidence, in
justification of the party accused.

1811,

June

19,

July

17,

Aug.

31,

Sept.

11,

Sept.

14,

Oct.

12,

Oct.

23,

Nov.

27,

Jan.

11,

Feb.

1312,

Libels in which, by the Common
Law of Massachusetts, as declared
by the Supreme Judicial Court, the
truth may be given in evidence, in
justification of the parly accused.

No. 1

June 12,

June 15,

June 19,

June 22,

June 26,

June 29,

July 3,

July 10,

July 13,

July 17,

July 24,

July 27,

July 31,

Aug. 3,

Aug. 7,

Aug. 10,

Aug. 14,

Aug. 17,

Aug. 21,

Aug. 28,

Sept. 25,

Oct. 26,

Oct. 30,

1811,

No. 2
3 and 4
5 and 6
8 and 9

10 and II
12
13
U

15 and 16
IS

1 9 and 20
21
22
23
25
26
27

28 and 29
30
3i
35
39
40

362

RESOLVES, 27th February, 1812.

Nov. 2,
Nov. 6,
Nov. 9,
Nov. 16,
Nov. 23,
Dec. 18,
Jan. 4,
Feb. 5,

1811.

1812,

41
42
43
44
45
47
48
50

CHRONICLE.

Libels at old Common Law, 8cc.

June 6,
June 17,
Aug. 5,
Aug. 22,
Aug. 26,
Oct. 28,
Nov. 2i,
Nov. 25,

1811,

No.

Libels at Common Law of Massa-
chusetts.

None.

We had no Chronicles beyond the
5th of December.

REPERTORY.

Libels at old Common Law, Sec.

June 14,
June 18,
June 28,
Sept. 3,
Sept. 6,
Sept. 13,
Sept. 20,
Jan. 3,
Jan. 7,
Jan. 10,
Feb. 7,

1811, No. 4
- 5, 6, 8, and 10

13
14
17
18
19

1812, 26
27
28
34

We had no Repertories of July,
August, or December,

Libels at Common Law of Massa-
chusetts.

1811, No. I

2 and 3

7 and 9

11 and 12

June 1 1 ,
June 14,
June 18,
June 21,
Sept. 3,
Sept. 6,
Oct. 29,
Nov. 5,
Nov. 8,
Nov. 12,
Nov. 15,
Nov. 22,
Jan. 14,
Jan. 17,
Jan. 21,
Jan. 24,
Feb. 4,

1812,

16
20
21
22
23
24
25
29
30
31
32
33

BOSTON PATRIOT.

Libels at old Common Law, &c.

June 19,
July 24,
July 31,
Aug 17,
Oct. 12,
Nov. 2,
Dec. 21,

1811,

No.

Libels at Common Lav/ of Massa-
chusetts.

Aug. 3, 1811, No. 4

Aug. 14, -- 5

RESOLVES, 27th February, 1812.
THE YANKEE.

363

None.

Libels under the
Law.

June 24, 1811,

June 27,
July 18,-
Sept. 12,
Sept. 1 6,

BOSTON GAZETTE
old Common

No. 11

20 and 21

We had no Gazettes for August.

Libels under the Common Law of
Massachusetts.

June 10,
June 1 3,

June 17,
June 20,
June 27,
July 1,
July 4,
July 8,
July 15,
July 18,
July 22,
July 29,
Sept. 5,
Sept. 12,
Oct. 7,
Nov. 7,
Nov. 11,
Jan. 30,

1811, No. 1
-- No. 2, 3, 4,

5, 6, 7, and 8

No. 9

- 17, 18, and 19

20,21

24 and 25

1812, 33

NEW-ENGLAND PALLADIUM.

Libels under old Common Law.

June 14, 1811, No. 6

June 18, - 7, 8, and 9

June 28, -- 13

From July to December inclusive

there were no Palladiums in the

Secretary's office, but we borrowed

a set of those papers including those

months, which were returned to the

owner, and are not accompanying

this report.

Libels under Common Law of
Massachusetts.

Jime 11, 1811, No.l,2,8c3
June 14, — 4 and 5

June 21, — 10

June 25, -- 11 and 12

July 30, -- 14

Aug. 13, -- IS

Aug. 27, - 16

Jan. 24, 1812, 17

Jan. 28, -- 18

WEEKLY MESSENGER.

I Feb. 7, 1812,

THE SCOURGE.

No. I

Libels mider old Common Law. i

Aug. 10, 1811,

Sept. 4,
Sept. 25,

Libels under Common Law of

No. 1 . 6,

Massachuse
Aug. 10,

tts.
1811,

No. 2, 3, 4,

8, and 9

5, and 7

No. 11

Sept. 4,

—

No. If*

No.l3, 14, 15,

Sept. 25,

—

No. n

17, and 18

364

RESOLVES, 27th February, 1812.

Oct. 3, 181 l,No.l 9,2 1,23,25

Oct. 9, - No.26,27,28,29

Oct. 19, -- No. 30, 32

Oct. 29, -- No.34,35,36,37

Nov. 2, .- No. 38

Nov. 9, " No.42,45,44,45

46, 47, 48, 49,

50, 51, 52, 54,

55, 56, 58, 59,

60, 61, 62,64,

65, 66 and 67

Nov. 16, - No. 69, 70, 72,

74, 76, 77, 80,

81,82, 83, 85,

and 86

Nov. 27, -- No. 87, 88, 89,

90, 91, 92, 94,

95, and 96

Dec. 11, -- No. 97, 98

Oct. 3, 1811, No. 20,22,24
Oct. 19, - No. 31, 33

Nov. 2,
Nov. 9,

No. 39, 40, 41

No. 51,53, 57,

and 63

Nov. 16,

Nov. 27,

Dec. 28,

No. 68, 71, 73,

75, 78, 79,

and 84

No. 93, 95

No. 95

In the foregoing statement, we have taken no notice of any
scandal, or calumnious publications against any foreign gov-
ernment or distinguished foreigners, although according to
the strict rules of the law of libels, such publications might be
considered libellous, while the United States are in a state of
amity with such foreign nations. — We have also forborne to
notice any aspersions from the editors of the different papers,
upon their brethren of the type.

Where we have marked any part of a publication as libel-
lous, the whole of the paragraph or publication is to be consid-
ered a part of this report, although the grosser sentences of
them only are marked.

It may be worthy your Excellency's notice, that the Grand
Jury of the county of Suffolk were dismissed about the first of
January ult. ; and that of the tivo hundred and fifty -three libel-
lous publications stated in this report, only fifteen of them
bear date subsequent to that period.

All which is respectfully submitted by your Excellency's
most obedient and very humble servants,

PEREZ MOirrON, Attorney General,
DANIEL DAVIS, Solicitor General,
Boston^ February 20th, 1812.

RESOLVES, 25th February, 1812. 365

CXXXI.

Resolve on the petition of Nathan Benson^ directing the agents
on eastern lands^ to sell him a lot of land. 25th February, 1812.

On the petition of Nathan Benson, stating that he lives on a
lot of land, numbered ten, in the sixth range of lots in the
town of Sumner, in the county of Oxford, the property of the
Commonwealth, praying a privilege that he may have said lot
confirmed to him, upon paying what may be deemed just and
reasonable.

Resolved^ That the agents for the sale of eastern lands be,
and they are hereby authorized to sell and convey to the said
Nathan Benson, his heirs and assigns, all the right, title, and
interest of said Commonwealth in and unto said lot number
ten, in the sixth range, in the town of Sumner, upon such
terms and conditions as the said agents shall think just and rea-
sonable under existing circumstances.

CXXXII.

Resolve on the petition of John Walker^ making valid an affida-
vit. 25th February, 1812.

On the petition of John Walker, of Burlington,.in the county
of Middlesex, administrator on the estate of Joseph Hill, late
of Billerica, in said county, deceased, stating that he neglected
to make his affidavit of his proceedings, relating to the sale of
the real estate of said deceased, and file a copy of his advertise-
ment of the time and place of sale in the Probate office of said
county within seven months after the sale, as by law is pro-
vided ; but that he has since done the same, and praying that
the same may be considered as valid. Therefore,

Resolved^ That the affidavit of said administrator, made and
recorded in the Probate office of said county, on the twenty-
ninth day of January, A. D. 1812, and also a copy of said noti-
fications filed in said office, shall be considered as valid in law,
and have the same effect and force, and be used in all cases
whatever, as if the same had been made and recorded in said
Probate office, within seven months after the day of said sale.

366 RESOLVES, 25th February, 1812.

CXXXIII.

Resolve authorizing John Fox to sell estate of Thovms Bayley^
deceased. 25th February, 1812.

Upon the petition of John Fox, of Boston, in the county of
Suffolk, merchant, executor of the last will and testament of
Thomas Bayley, lately of said Boston, gentleman, praying for
authority to convey all the real estate of said deceased, lying in
said Boston, according to the manifest intention of said testator.

Resolved, That the prayer of said petition be, and it is hereby
granted, and said executor (John Yoii) is hereby authorized
and empowered to make sale of all or any parts of the real es-
tate of said Thomas Bayley, deceased, lying in said Boston,
whenever said executor shall find it expedient so to do, either
at public or. private sale, as to him shall appear best ; first,
however, receiving the written approbation of the Judge of
Probate of said county, to be recorded in the Probate office,
and giving bond to said Judge to his satisfacton, conditioned
to appropriate the proceeds of sale of said estate according to
law, and the directions in said will expressed ; and said execu-
tor is hereby authorized to make, execute, and deliver to any
purchaser or purchasers, such conveyance, by deed, as said
testator could have done, if living.

CXXXIV.

Resolve on the petition of Elkanah Hewins^ granting S45.
25th February, 1812.

On the petition of Elkanah Hewins, a private soldier in a
company of militia, in the town of Sharon, praying for com-
pensation for a wound which he received, while on military
duty, on the third day of October, in the year of our Lord one
thousand eight hundred and eleven.

Resolved, for reasons set forth in said petition. That there be
allowed and paid to said Elkanah Hewins, out of any monies
in the treasury of this Commonwealth, not otherwise appropri-
ated, the sum of forty-five dollars, as a compensation for the
time lost and money expended in consequence of said wound,
and his Excellency the Governor, with the advice of council,
is hereby authorized to draw his warrant on the treasury for
'hddd sum.

RESOLVES, 26th February, 1812. 567

cxxxv.

Resolve on the petition of TFilliam Thompson, of Charlestown,
25th Februciry, 1812.

On the petition of William Thompson, of Charlestown, ia
the county of Middlesex, Esquire, stating that the Selectmen
of Cambridge, in the year of our Lord one thousand eight hun-
dred and eight, laid out a town way, beginning near the house
of his Excellency Elbridge Gerry, and passing over the lands
of said William to another highway, near Mrs. Kneeland's,
which road was accepted by said town, but no damages were
awarded him for his lands so taken, and no compensation has
been received by him for the same, and that he has lost his
law, by not applying to the Court of Sessions, within one year
after the establishment of said way, and praying to be restored
to the same.

Resolved, for reasons stated in said petition^ That the said
William Thompson be, and he hereby is authorized to make
applications to the Court of Sessions next to be holden within
and for the county of Middlesex, for a Jury to assess the dam-
ages done him by laying out the town road aforesaid ; and the
said Court of Sessions are hereby authorized to sustain said
application and grant such proceeding thereon as may be neces-
sary to assess the damages done him by laying out said road
over his land as aforesaid, in the same manner they might by
law have done, if said application had been made within the
time prescribed by law. Provided however, if the Jury who
assess the damages done said William, by the laying said road,
shall not award to tlie said William more than two hundred
dollars, the costs of said application, and all other costs incur-
red on that occasion, shall be paid by said William; and the
said Court of Sessions are hereby directed and authorized to
tax the same accordingly.

CXXXVI.

Resolve directini( the Committee on the Pay Roll to make up the
pay of the members from Rehohoth. 26th February, 1812.

Resolved, That the Committee on the Pay Roll be directed
to allow and make up the pay of the Representatives from the
town of Kehoboth, according to tlieir request.

368 RESOLVES, 26th February, 1812.

CXXXVII.

Fesolve appropriating SBOOJor John Jenkins, 26th Februarv,

1812.

Resnlved, That five hundred dollars be placed in the hands
of ihc ConuTiiiiee, in the case of John Jenkins, for aiding him
in bringing his improved invention in the art of writing before
the public, and his Excellency the Governor is hereby requested
to draw a warrant on the treasury of this Commonwealth for
that sum, in favour of said Committee, to enable them to com-
mence the publication of said work, should they judge it expe-
dient to commence the same, before the next session of the
Legislature, and apply to his Excellency for the same, for which
the said committee are to be accountable.

CXXXVIIL

Hesohe granting county taxes. 26th February, 1812.

Whereas the Treasurers of the following counties have laid
their accounts before the Legislature, which accounts have been
examined and allowed. And whereas the clerks of the Courts
of Common Fleas, for the said counties, have exhibited esti-
mates made by the said courts, of the necessary charges which
inay arise within the said several counties for the year ensuing,
and of the sums necessary to discharge the debts of the said
counties.

Besolved, That the sums annexed to the several counties
contained in the following schedule be, and the same are hereby
granted as a tax for each county res[3ectively, to be apportioned,
assessed, paid, collected, and applied for the purposes aforesaid,
according to law.

Suffolk, twenty-five thousand dollars. - - S25,000

Essex, eighteen thousand dollars. - - - 18,000

Middlesex, nine thousand dollars. - . . 9,000

Norfolk, four thousand dollars. . . . 4,000

Plymouth.

Bristol, three thousand dollars. - - - . 3,000

Barnstable, two thousand five hundred dollars. - 2,500

Dukes' County,

Nantucket.

Worcester, four thousand dollars. - - - 4,000

Hampshire, fifteen hundred dollars, - - - 1,500

RP:S0LVES, 26th February, 1812. 369

Franklin.

Berkshire, three thousand dollars. - - - S3,000

York, four thousand dollars. . - . . 4,000

Cumberland.

Lincoln, four thousand six hundred and fifty dollars. 4,650

Kennebec, seven thousand seven hundred and fifty

dollars. ------- 7,750

Oxford, two thousand dollars. - . . . 2,000
Somerset, one thousand three hundred dollars. - 1,300
Hancock, five thousand dollars. - - - . 5,000
Washington.

CXXXIX.

Resolve for paying the posting on valuation returns.
26th February, 1812.

Resolved, That there be allowed and paid out of the public
treasury, to Benjamin Homans Esq. Secretary of the Common-
wealth, the sum of one hundred and seventy-six doll.u-s and
eight cents, to enable him to defray the expenses of postage of
letters, packages, and returns, relative to the valuation from sev-
eral towns in this Commonwealth, made to his' office through
the post office in the town of Boston ; and his Excellencv he
Governor, with the advice of council, is hereby requested to
draw his warrant on the Treasurer for said sum.

CXL.

Resolve granting iS80 to Justus Williams for convey i7ig convicts
from Northampton to the State Prison. 26th February, 1812*

On the petition of JustusWilliams, of Amherst, in the county
of Hampshire, praying compensation for his services and ex-
penses in transporting certain persons from the gaol in North-
ampton to the State's Prison in Charlestown, pursuant to the
sentence of the Supreme Judicial Court.

Resolved, for reasons set forth in said petition. That there be
allowed and paid out of the treasury of this Commonwealth, to
the said Justus Williams, the sum of eighty dollars, in full com-
pensation for his services, and for carnages and assistants by
him furnished, and cash paid for expenses in transporting Wil-
liam Smith,Dwight Brackenridge and Alexander Stewart, from

370 RESOLVES, 27th February, 1812.

the gaol in Northampton to the State's Prison in Charlestown,
and that his Excellency the Governor be authorized and re-
quested to draw his warrant on the Treasurer therefor.

CXLI.

Resolve directing the Committee on the Pay Roll to make up the

pay of the Representatives from Waldohoro\ for 1810.

27th February, 1812.

Resolved, That the Committee on the Pay Roll be directed
to allow and make up the pay of the Representatives from the
town of Waldoboro', for the year eighteen hundred and ten,
and that the amount of the attendance of said Representatives
be charged to the said town of Waldoboro', in the next state
tax.

CXLII.

Resolve on petition of inhahitants of Plymouth^ allowing one
year more for locating a township. 27th February, 1812.

On the petition of the inhabitants of the town of Plymouth,
praying farther time to locate a township of land granted to
them by a resolve dated February 24th, 1808.

Resolved, That, for reasons set forth in said petition, a fur-
ther time of one year from this date be, and hereby is allowed
to said inhabitants to locate said Township ; and the agents for
the sale of eastern lands are hereby directed to govern them-
selves accordingly, any thing in said resolve to the contrary
notwithstanding.

CXLIII.

Resolve directing the Attorney or Solictor General to institute
an Inquest of Office for recovery of rocks, ledges, islaizds, &fc.
on Penobscot River, lately belonging to the Indians ; to settle
Toith present possessors and giving further powers to superin-
tendant of Indian affairs ; and also granting SlOO to Attor-
ney or Solicitor General, 27th February, 1812.

Upon the petition and representation of certain Indians
calling themselves the governor and chiefs of the Penobscot
tribe, setting forth their right and claim to the iisiieries

RESOLVES, 27th February, 1812. 371

upon certain rocks and small islands near to and below
Old Town falls (so called) in Penobscot River ; and whereas
it appears to this Legislature, that sundry rocks, ledges, and
small islands, situated in said Penobscot river, between the said
Old Town falls and Nicholas' rock (so called) have been sold
and conveyed by Salem Towne Esq. under a mistaken con-
struction of a resolve of the Legislature made and passed on
the second day of March in the year of our Lord one thousand
seven hundred and ninety-eight ; and it also appearing that the
further interposition of the Legislature is necessary to quiet the
Indians of the said Penobscot tribe, and to protect their inter-
est, and preserve the timber in and upon the islands in said
Penobscot river, above Old Town, and upon the lands belong-
ing to the Commonwealth situated on each side of said Penob-
scot river. Therefore,

Resolved, That, in the opinion of this Legislature, the said
Salem Towne Esq. was not authorized by the said resolve of
the second of March, A. D. 1798, to make sale of any of the
rocks, ledges, small islands or fishing privileges in said Penob-
scot river, situated between the said Old Town falls and Nich-
olas' rock, and that it was not the intention of the Legislature,
that said rocks,ledges, small islands, or fishing privileges, should
be sold or conveyed by virtue of the resolve aforesaid.

Resolved That the Attorney or Solicitor General be, and
they, oree prof them, are hereby authorized, empowered and
directed, Bu^nstitute and prosecute an inquest of office, or any
other legal process, in the name of the Commonwealth, to
recover possession of any or all of the rocks, ledges, fishing
privileges and islands (except Marsh's Island) situated between
said Old Town fails and Nicholas' rock, in the river aforesaid,
against any person or persons in possession of the samxC.

Resolved, That the said Attorney or Solicitor General, or
either of them, be, and they are hereby authorized and empow-
ered, either by themselves or their agents, by them or either of
them, for that purpose duly and legally appointed, to adjust,
compromise and settle ail disputes between the Common-
wealth, and all or any of the persons in possession of the rocks,
ledges, islands and fishing privileges aforesaid, upon such terms
and conditions as they shall consider just and reasonable.

And whereas the powers and instructions heretofore given to
the superintendant of Indian affairs for the said Penobscot tribe,
appear to be insufiicient to enable him to prevent the numer-
ous and wanton trespasses which are annually committed upon
the lands of the Commonwealth, situated upon each side of

372 RESOLVES, 27th February, 1812.

said Penobscot river, and upon the islands in said river situa-
ted above said Old Town, which are claimed by said Penobscot
Indians. Therefore,

Resolvedy That, in addition to the authority and power vested
in said superintendant by the resolves of the Legislature now
in force, the said superintendant for the time being be, and he
is hereby authorized, empowered and directed, that when and
so often as he shall find any trees, mast, or timber of any de-
scription whatever, lying, being, and remaining upon any of the
Commonwealth's lands situated upon each side of said Peuob-
scot river, or upon any of the islands in said river, situated
above Old Town, which have been unlawfully cut, felled, hewn
or otherwise prepared for use upon the lands or islands last
mentioned, to seize the same in the name and for the use of the
Commonwealth ; and the said trees, masts and timber so seized,
to sell and dispose of at public or private sale as the said super-
intendant shall judge most for the interest of the Common-
wealth, he to render a just and true account of the proceeds of
such sales annually to the General Court ; and the said super-
intendant is hereby further authorized and directed to remove
any of the masts or timber which he may seize and take into
his possession by virtue hereof to any place or places upon said
Penobscot river, to make sale thereof whenever he shall think
the interest of the Commonwealth, or the price of-rjaid masts
and timber may be enhanced thereby.

Resolved^ That there be paid out of the tra^r>pry of the
Commonwealth to the said Attorney or Solicitor General, the
sum of one hundred dollars, to enable them to carry into execu-
tion the provisions of this resolve, they to be accountable for
the same.

CXLIV.

Resolve on the petition of Benjamin Ames Esq. granting 861. .22.
27ih February, 1812.

On the petition of Benjamin Ames Esq. praying compensa-
tion for services rendered by order of the Attorney General in
relation to the suit against the Pejepscot jiroprietors.

Resolved, That, for reasons set forth in said petition, there be
allowed and paid out of the treasury of this Commonueallh to
the said Benjamin Ames, the sum of sixty-one dollars twenty^
two cents, in full for said servcies and expenses.

RESOLVES, 28th February, 1812. 373

CXLV.

Hesolve for allowance to the Committee on Accounts.
28th February, 1812.

Resolvedy That there be allowed and paid out of the public
treasury to the Committee appointed to examine and pass on
accounts presented a,^ainst the Commonwealth, for their atten-
dance on that service during the present session, the sums
annexed to their names, in addition to their pay as members
of the Legislature.

Hon. Nathan Willis, forty days, forty dollars.

Hon. Silas Holman, forty-four days, forty-four dollars.

Nathan Fisher, forty-two days, forty- two dollars.

Jonas Sibley, forty days, forty dollars.

James Robbinson, forty-four days, forty-four dollars.

Which sums shall be in full for their services aforesaid res-
pectively.

CXLVL

Resolve on the petition of Amos Sargent, guardian to Stephen
Bucknarn. 28th February, 1812.

On the petition of Amos Sargent, of Maiden, guardian of
Stephen Bucknam, of said Maiden, a spendthrift, and Elizabeth
Bucknam, wife of said Stephen, stating that the said Stephen
has not personal estate sufiicient to pay his debts, that he has
the use of real estate the fee of which is in his said wife, but
there is no provision by law by which the same can be sold by
said Stephen or his guardian for the payment of the debts of
said Stephen, and praying relief in the premises. Therefore,

Resolved, That the said guardian of said Stephen be, and he
hereby is authorized to join with the said Elizabeth in the
conveyance of any part of the real estate of said Elizabeth to
the amount of three hundred and fifty dollars, for the payment
of the debts of said Stephen ; and such conveyance so made
by said Amos, the guardian of said Stephen, together with the
said Elizabeth, shall operate as a conveyance of all the interest
which said Stephen has in said land, in as full and ample a
manner as though made by said Stephen, if he was not under
guardianship as aforesaid ; he the said guardian to account with
the Judge of Probate for the county of Middlesex, for all the
money received by him for the land to be sold as aforesaid.
50

374 RESOLVES, 28th February, 1812.

CXLVII.

Resolve on the petition of the Selectmen of Ellsworth — their
doings conjirmed. 28th February, 1812.

Resolved, That all the doings of the Selectmen and Asses-
sors oi the town of Ellsworth for the present year shall here-
after be as valid, to all intents and purposes, as they would have
been, if all the said Selectmen and Assessors had been legally
chosen.

CXLVIII.

Resolve granting the Secretary S220, to pay assistant clerks.
28th February, 1812.

Resolved, That there be allowed and paid out of the treasury
of this Commonwealth to Benjamin Homans Esq. Secretary,
the sum of two hundred and tvventy dollars, to enable him to
pay such assistant clerks as he may have employed to expedite
the public business in his office, he to be accountable for the
expenditure thereof.

CXLIX.

Resolve in favour of Mr. John Perry, Assistant to the MesseU'
ger of the General Court. 28th February, 1812.

Resolved, That there be allowed and paid out of the treasury
of this Commonwealth to John Perry, an assistant to the Mes-
senger of the General Court, one dollar per day during the
present session of the Legislature, over and above the usual
allowance to him.

CL.

Resolve for paying the Page to the House of Representatives.
28th February, 1812.

Resolved, That there be allowed and paid out of the treasury,
to the messenger, to be by him paid over to Stephen Hall
Tower, one dollar per day, for each day lie the said Tower shall
have attended as page, the present session of the General Court,

RESOLVES, 28th February, 1812, 375

CLI.

Resolve on the petition of Joseph Killgore, directing the contin-

uance of actions commenced by the Pegypscot proprietors,

28th February, 1812.

Whereas inquests of office have been commenced in the
counties of Cumberland, Lincohi and Kennebeck against the
Pegypscot proprietors, to put the Commonweahh in posses-
sion of their land, on both sides of the Androsco2:2:in river
above the uppermost of the pitches of the fails at Brunswick,
and it being ascertained that suits are now pending between
the said proprietors and the occupants of said land. Be it
therefore

Resolved^ That all actions which are now pending in any of
the Courts of this Commonwealth commenced by the Pegyp-
scot proprietors, or persons claiming under them, for any lands
lying within the towns of Durham, Pegypscot, Minot, Green,
Lewistown, Lisbon, Bowdoin, Litchfield, and the plantation of
Wales, or which may hereafter be commenced in relation to
the same lands, shall be continued without cost to either party,
until the actions are finally determined between the Com-
monwealth and the said proprietors.

CLIL

Resolve in favour of JFarren Chase, assistant to the Messenger
of the General Court, 28th February, 1812.

Resolved, That there be allowed and paid out of the treasury
of this Commonwealth to Warren Chase, Assistant to the Mes-
senger of the General Court, one dollar per day, during the
present session of the Legislature, over and above the usual
allowance to him.

CLIIL

Resolve in favour of Silvan us Laphani, Assistant to the Messen-
ger of the General Court. 23di 1^'ebruary, 1812.

Resolved, That there be allowed and paid out of the public
treasury of this Commonwealth unto Silvanus Lapham, Assist-
ant Messenger to the General Court, one dollar per day, during
the present session of the Legislature, over and above the usual
allowance to him.

376 RESOLVES, 28th February, 1812.

CLIV.

Resolve on the petition of CuhyV assail^ granting an annual pen-
sion, 28tli February, 1812.

Whereas it appears that a resolve passed the Legislature on
the eighth day of February, in the year of our Lord seventeen
hundred and eighty-one, by which there was ordered to be
allowed and paid out of the public treasury the sura of twelve
pounds annually to Anthony Vassall, late husband of the peti-
tioner, and that the same was so allowed in consideration that
the petitioner had been the domestic slave of John Vassall Esq.
an absentee, whose estate had been confiscated and sold, and
the proceeds thereof paid into the public treasury, for the sup-
port and subsistence of said Anthony and Cuby and their fam-
ily, and in lieu of a small tenement and plat of land, part of the
estate of said John Vassall Esq. in Cambridge, occupied by
them. And whereas it appears that said Anthony died in Oc-
tober last, but that the reasons for granting the said annuity
still remain in full force. Therefore,

Be it resolved^ That there be allowed and paid out of the
public treasury of this Commonwealth to the said Cuby Vas-
sall, the sum of forty dollars, which would have been due and
payable under, and by virtue of the resolve aforesaid, to her
late husband, Anthony Vassall, on the sixth day of February
of the present year, and that there be allowed and paid as
aforesaid to her the further sum of forty dollars annually, on
the sixth day of February, until the further order of this
Court.

CLV.

Resolve granting the Agents for the sale of Eastern Lands
S2662..15, in full of the balance of their account,
28th February, 1812.

The Committee of both Houses that were appointed to ex-
amine the accounts of the agents for the sale of eastern lands,
in the District of Maine, have examined an account of their
proceedings from the twenty- third of February, eighteen hun-
dred and nine, to the fourteenth day of February, eighteen
hundred and twelve, wherein they acknowledge to have
received in securities and money the sum of sixty-eight thou-
sand eight hundred and forty-three dollars and thirty-six cents ;

RESOLVES, 28th February, 1812. 377

and they have paid the Treasurer in money and securities,
together with payments made for suveys and other charges, per
their account, the sum of seventy-one thousand five hundred
and five dollars and fifty-one cents ; all of which appear to be
right cast and well vouched, and there appears to be a balance
due to said agents of two thousand six hundred and sixty-two
dollars fifteen cents, which is submitted by order of the Com-
mittee.

WILLIAM KING, Chairman,

Therefore resolved^ That the agents be, and they are hereby
discharged from the sum of sixty-eight thousand eight hun-
dred and forty-three dollars and thirty-six cents ; and the
Governor is hereby requested to draw his warrant on the
treasury in favour of John Read and William Smith, Esquires,
agents for the sale of eastern lands, for the sum of twaity-six
hundred and sixty-two dollars and fifteen cents, in full for
their services, as agents aforesaid, up to the fourteenth day of
February, eighteen hundred and twelve, and in full discharge
of the balance of said account. ^

CLVL

Resolve for paying the Chaplains and Clerks of the General
Court. 28th February, 1812.

The Committee of both Houses, to whom was committed
the order respecting the pay of the clerks of the two Houses
and their assistants, and to the Chaplains of both Houses, have
attended that service, and report the following resolve.

Which is submitted,

J. PHILLIPS, per order.

Resolved, That there be paid out of the public treasury,
to Marcus Morton, clerk of the Senate, and to Charles P.
Sumner, clerk of the House of Representatives, three hun-
dred and fifty dollars each, and also to Robert C. Vose, assist-
ant clerk of the Senate, and to Thomas Walcut, assistant clerk
of the House of Representatives, two hundred and fifty dollars
each, and to Thacher Tucker, for services rendered the clerk
of the Senate, eighty dollars, in full for the same, and also to
the Rev. Dr. Thomas Baldwin, chaplain of the Senate, and the
Rev. Elijah R. Sabin, chaplain of the House of Representatives,
sixty dollars each, in full for their services in said offices the
present year.

378 RESOLVES, 28th February, 1812.

CLVII.

Resolve empowering John Walker and Joseph Lock to sell estate
of Joseph Hill, a minor. 28th February, 1812.

On the petition of John Walker and Joseph Lock.

Resolved by the Senate and House of Representatives in Gen-
eral Court assembled, and by the authority of the same. That,
for reasons set forth in the said petition, the said John Walker
and Joseph Lock be hereby fully authorized and empowered
to sell that part of the real estate of Joseph Hill, a minor, which
descended to him from his mother, Dorcas Hill, as the same is
described in said petition, and for the purposes therein men-
tioned, and that the proceeds thereof shall be assets in the hands
of said administrators for the payment of the debts due from
the estate of his intestate, and a sale and conveyance in pursu-
ance of this resolve shall give a good and valid title to the per-
son to whom the same may be made ; and the guardian of the
said minor shall not be obliged to account with him, or with
the Judge of Probate, for the proceeds of said estate sold under
this resolve, provided the same be duly applied to the payment
of the debts of the said JosepJi Hill, deceased, the father of said
minor.

CLVIIL

Resolve on the petition of Samuel TFing^ authorizing the Supreme
Judicial Court, at their term in Berkshire, to hear his repre-
sentations. 28th February, 1812.

On the petition of Samuel Wing, stating that judgment had
been rendered against him by the Supreme Judicial Court, in
the county of Berkshire, in two actions of scire facias, in behalf
of the Commonwealth, previous to the passing of the act, enti-
tled " An act granting relief to defendants in actions of scire
facias, in certain cases." And that executions on said judg-
ment have been staid from term to term in said court, to this
time, and praying relief in the premises. Therefore,

Resolved, for reasons set forth in said petition, That the
Supreme Judicial Court, at any term thereof which may be
holden within and for the county of Berkshire, be, and they
hereby are authorized to hear any such representations, proofs,
and allegations as may be made in behalf of the said Samuel
Wing, in the same way and manner as they might and could

RESOLVES, 29th February, 1812. 379

have done by virtue of said act, in case judgment had not been
rendered in said actions ; and upon such hearing the said court
may remit the whole or any part of said judgments, or either
of them, according to the circumstances thereof, and the situa-
tion of said Samuel, upon such terms and conditions as to them
may seem reasonable and just.

CLIX.

Resolve directing Benja7nin Heyward Esq. to pay 2i shares
from the fund in his hands^ belonging to the Hasanamisco In-
dians^ to Elizabeth Whipple. 2oth February, 1812.

On the petition of Elizabeth Whipple.

Resolved, That Benjamin Heyward Esq. trustee of the Ha-
sanamisco tribe of Indians, be, and he is hereby directed to pay
to the said Elizabeth Whipple the two shares and half share,
lately belonging to Abigal Printer, out of the fund of money
of said Indians in Iiis hands, both principal and interest due
thereon.

CLX.

Resolve authorizing Charles Hammond to make an alteration in

the road from the easterly line of township No. 4.

29th February, 1812.

On the petition of Charles Hammond, of Bangor, in the
county of Hancock, praying that the powers vested in him by
virtue of a commission from the Governor and Council, agree-
able to a resolve passed the third day of March, 1810, may be
so far extended as to allow him to make some alteration in the
county road from the easterly line of township number four, in
the first range of townships, North of the Waldo Patent, to the
line of the town of Hampden, and that the proceeds of a half
township of land, granted by said resolve, may be expended
for the purpose above stated.

Resolved, for reasons set forth in said petition, That Charles
Hammond, aforesaid, who was appointed a commissioner by
the Governor and Council, to carry into effect the object of a
resolve, passed the third day of March 1810, be, and he hereby
is authorized to make such alteration in the present county
road, from the said easterly line of township No. 4, first range,
to the westerly line of the town of Hampden, and make the

380 RESOLVES, 29th February, 1812.

whole of said road passable for wheel carriages ; and he is fur-
ther authorized to expend the proceeds of said half township,
if found necessary, to complete the same.

^nd be it further resolved^ That Jedediah Herrick, of Hamp-
den, and Enoch Mudge, of Orrington, both of said county of
Hancock, are hereby authorized to agree with the said Ham-
mond in such alteration as they may think will be publicly ben-
eficial. Provided nevertheless^ it shall not be so construed that
the said Herrick and Mudge are to interfere in any odier part
of said Hammond's commission ; and the said Hammond be
guided by his commission excepting so far as the alteration in
the road is authorized by this resolve.

CLXI.

Resolve providing for additions to the Pay Roll of the House*
29th February, 1812.

Resolved^ That there be paid out of the public treasury of
this Commonwealth, to each member of the House of Repre-
sentatives who have attended this day, one day's pay, in addi-
tion to the amount as made up in the Pay Roll, and two day's
pay for those members who live ten miles from Boston, pro-
vided they are necessarily detained over the Sabbath ; and the
committee on the Pay Roll are directed to make them up ac-
cordingly.

CLXII.

Resolve authorizing the Treasurer to borrow 865000.
29th February, 1812.

Whereas, the Treasurer of this Commonwealth has repre-
sented that the state of the treasury may make it necessary for
him to borrow sixty-five thousand dollars.

Be it therefore resolved^ That the Treasurer of this Com-
monwealth be, and he is hereby authorized and directed to bor-
row of the Boston and Union Banks, any sum not exceeding
sixty -live thousand dollars, that may at any lime within the
present year be necessary for the payment of the ordinary de-
mands on the treasury, and he repay any sura he may so bor-
row, as soon as money sufficient iov that purpose, and not oth-
erwise appropriated, shall be received into the treasury.

RESOLVES, 29th February, 1812. S81

CLXIII.

"Resolve on the petition of Joseph Russell and others, directing
the Agents on Eastern Lands to have a road surveyed Jrom
Kennebeck to Chaudife river, 29th February, 1812.

Upon the petition of Joseph Russell and others, praying
that an alteration may be made in locating the road from Ken-
nebeck river to the river Chaudire.

Resolved, for reason set forth in said petition, That the agents
for the sale of eastern lands be, and hereby are authorized to
survey, or cause to be surveyed, the lands belonging to the
Commonwealth, between the west line of the ten townships
Surveyed by John Neal, and Thomas M'Keenie, Esquires, ac-
cording to their plan thereof, dated 30th December, 1811, and
the boundar}^ line of this Commonwealth ; provided the same
shall not exceed ten townships of six miles square, and that in
surveying the same the persons emplo} ed be instructed to ex-
plore and examine a route lately viewed and marked by said
Neal and M'Keenie,andto make any necessary alterations therein
and to lay down the same on their plan, and if upon return of
said plan, and upon examination of facts it shall appear to the
satisfaction of saidagents^that such new route from the north line
of Bingham's million acres, so called, to the northern boundary
line of this Commonwealth, is more eligible than the road run
out by Charles Turner jun. John Merrick, and James Stackpole
jun. Esquires, the said agents are hereby authorized and directed
to provide for opening the said road, thus to be explored, instead
of that already run out by said Turner, Merrick, and Stackpole;
and for this purpose to advertise in the several newspapers
printed in Boston, that the}* are ready to receive proposals to
eftect the opening of such road, from any person or persons
disposed to do the same ; the contractors agreeing to open tlie
same road four rods wide, to fell the trees and clear out the
stumps, and to make all necessary bridges and causeways, in a
workmanlike manner, and to make said road good and conven-
ient for carriages to pass and repass ; and said agents, upon
receiving evidence to tlieir satisfaction of the completion of
said road agreeably to the terms of said contracts, are hereby au-
thorized to convey to said contractors, in payment for said road^
a proportion of said townships, not exceeding one quarter part
of each. And all further proceedings under a resolve on the
petition of Nathaniel Dummer and others, passed February
27th, 1811, shall be suspended, until the survev herein pro-
51

382 RESOLVES, 29th February, 1812.

vided and directed shall be completed : and if the determinatioii
of said agents shall be in favour of the new road herein provided,
all proceedings under said resolve shall be still further suis-
pended, until the further order of the General Court.

CLXIV.

Resolve allowing JS94..70 to the Solicitor General^ for expenses
and services in an inquest of office, vs. Jacob Sheaffe, to be
deducted from money in his hands, 29th February, 1812.

Upon the representation and petition of the Solicitor Gen-
eral, praying to be reimbursed and allowed the expenses of an
inquest of office, prosecuted by order of the Legislature
against Jacob Sheaffe.

Resolved^ for reasons set forth in said petition, That the said
Solicitor General be, and he is hereby allowed the sum of
ninety-four dollars and seventy cents, for his advances, ex-
penses, and services, in an inquest of office prosecuted by
order of the Legislature, against the said Jacob Sheaffis, to re-
cover possession of an estate in the town of York, and county
of York, a report of which case accompanies the said petition,
said sum to be deducted out of the sum of four hundred and
forty-two dollars, now in his hands, which he received upon the
recognizance of John Smallage.

CLXV.

Resolve on the petition of Benjamin Wyman^ authorizing him
to sell land of minors. 29th February, 1812.

On the petition of Benjamin Wyman, of Woburn, in
ihe county of Middlesex, guardian of Polly Parker, Sukey
Farker, Maria Parker, Caroline Parker, and Clarissa Par-
ker, minor children of Nathan Farker, late of said Woburn,^
yeoman, deceased, intestate, shewing that said minors, as
heirs to the estate of the said Nathan their father, are seized
of a certain piece of land, situate in said Woburn, bounded
easterly by the great road leading from thence to Andover ;
northerly by land of Benjamin F. Baldwin ; westerly by land
of Randolph Wyman ; and southerly by land of Cyrus Bald-
win ; that the Middlesex Canal passes through and cuts the
same into two parts, and that said land is otherwise injured by
means of the gravel placed thereon, by the proprietors of said
€anal j that said proprietors are desirous to purchase that part

RESOLVES, 29th February, 1812. S85

of the said land over which their canal is made, and are also
willing to pay the damages done to other parts thereof, by
means of the gravel as aforesaid, also to enter into an obligation
to support a certain bridge, by them erected over said canal,
in the life time of said Nathan, for his accommodation, in pass-
ing from one part of said land to the other, and praying this
court to authorize him, in his said capacity, to act in the'pre-
mises.

Resolved^ for reasons set forth in said petition, That the said
guardian be, and he is hereby authorized and empowered to
sell and convey to said proprietors, for such consideration as
to him shall seem fit, and consistent with the interest of said mi-
nors, so much of the above described piece of land as said pro-
prietors may wish to purchase, for the accommodation of their
said canal through the same, not exceeding in any place five
rods in width ; and to make and deliver to said proprietors a
good and sufficient deed thereof, conveying the same to them
and their successors forever, and to take of said proprietors
some obligation or assurance to said minors, which in the opinion
of the said guardian shall be sufficient to secure to them, their
heirs and assigns,the support and maintenance of the said bridge,
built over said canal as aforesaid, forever ; also to agree upon
and receive payment of and for all damages done to said land,
by means of the gravel placed thereon by said proprietors, and
upon receipt thereof, in his said capacity, to execute and deli-
ver to said proprietors a good and sufficient release and dis-
charge of and from the same, which conveyance and release,
duly executed by said guardian as aforesaid, shall be as good
and eftectuai to all intents and purposes, as if said minors, be-
ing of full age, had made and executed the same in their own
names : Provided the said guardian, before the execution of
said conveyance and release, or either of them, shall give bond
to the Judge of Probate for said county of Middlesex, and his
successor in said office, with sufficient sureties, conditioned to
account with said minors for all monies he shall receive by
virtue of this resolve, agreeably to law.

And be it further resolved, for the reasons set forth in said
petition. That said guardian be authorized, and he is hereby
authorized and empowered, in his said capacity, to grant by
deed, by him duly executed and delivered, to Cyrus Baldwin,
of Chelmsford, in said county, gentleman, son of Loammi
Baldwin, late of said Woburn, Esquire, deceased, his heirs and
assigns, a right of way over the said land of said minors, for
him the said Cyrus, his heirs and assigns, to pass and repass

384 RESOLVES, 29th February, 1812.

with teams and carriages, from the great road aforesaid to the
land of the said Cyrus, on the southwesterly side of said minors*
land, in conformity to an agreement made by said Parker in
his life time, with the said Loammi, whereby the said Parker,
in consideration of the consent of the said Loammi to have the
said bridge erected where the same now stands, promised the
said Locimmi to give him, his heirs and assigns, the right of
way aforesaid, which deed of said right of way, duly executed
find" delivered by the said guardian as aforesaid, shall be as
eflccUial, to all intents and purposes, as if the said minors,
being of fuil age, had made and delivered the same in their own
names.

CLXVI.

Resolve directing the Solicitor General to pay the balance of
John Smallage's recognizance^ and discharging him from the
sum he has received thereupon. 29ih February, 1812.

Upon the representation of the Solicitor General, stating that
he has received the amount of John Smallage's recognizance,
and requesting the direction of the Legislature, whether he
shall pay the balance in his hands into the treasury of the
Commonwealth, or into the treasury of the county of Middle-
sex.

Resolved, That the said Solicitor General be, and he is hereby
directed to pay the balance now in his hands, received upon
the recognizance of the said John Smallage, into the treasury
of the Commonwealth ; the said balance being the sum of four
hundred and forty-two dollars ; and that upon his payment of
said sum into the said treasury of the Commonwealth, the said
Solicitor General be discharged from all demands of the Com-
monwealth, for and on account of the sum received upon the

aforesaid recognizance.

CLXVIL

Resolve grantitjg Thonias IVallcut ^GO^for services in the
recess. 29th February, 1812.

Resolved, That sixty dollars be granted and paid out of the
public treasury, to Thomas Wallcut, in full for writing done
by him for the House of Representatives in the recess of the
Legislature, according to his account l)erewith exhibited.

RESOLVES, 29th February, 1812. »Sff5

CLXVIII.

Mesolve granting S425 to David Everett Esq. reporter of de-
cisions on contested elections of Representatives,
29th February, 1812.

Resolved, That there be allowed and paid out of the treasury
of this Commonwealth, four hundred and twenty-five dollars,
to David Everett Esq. in full for his services and expenses in
collating and superintending the printing for the use of the
House of Representatives, agreeable to the order of said House,
one thousand copies of questions, documents, and decisions on
contested elections, and for his services as reporter of decisions
on contested elections up to the present time ; and the Gov-
ernor of this Commonwealth is hereby authorized to draw his
warrant on the treasury in favour of said Everett for that sum.

CLXIX,

Resolve granting the Attorney General S200, to meet expuises

in suits against the Pvjepscot proprietors.

29th February, 1812.

Resolved, That there be allowed and paid out of the public
treasury to the Attorney General, the sum of two hundred dol-
lars, to enable him to meet the expenses arising in the prosecu-
tion of the Commonwealth's suit against the Pejepscot proprie^
tors, now pending in the counties of Cumberland, Kennebeck,
and Lincoln, he to be accountable therefor ; and his Excellency
the Governor, with the advice and consent of Council, is hereby
requested to draw his warrant on the Treasurer for the sum
^foresaid.

CLXX.

Resolve granting compensation to Jacob Kuhn, B200.
29th 'February, 1812.

Resolved, That there be allowed and paid out of the public
treasury of this Conamon wealth to Jacob Kuhn, Messenger of
the General Court, the sum of two hundred dollars, which,
with the sum already allowed him, shall be in full for his ser-
vices the present year, ending the 30th of May next, including
his attendance on the committee of valuatioa in the recess of
the General Court.

38d RESOLVES, 29th February,! 812.

CLXXI.

Resolve on the petition of Elizabeth Peirpont^granting' her S367.
29th February, 1812.

On the petition of Elizabeth Peirpont, widow of Nathaniel
Peirpont, for herself and her children, praying for payment for
fifteen thousand weight of bread, delivered by her late husband
for the use of the American army in the year 1775. — It ap-
pears to your Committee, by evidence produced before them,
that the bread mentioned in the petition was actually taken from
the said Peirpont, and converted to the use of the American
army. Your Committee also find, that the flour from which
the bread was made, was the property of the British govern^
ment, and was taken as such, by the officers of the American
army ; but we are of opinion that the said Peirpont was justly
intitled to pay for baking said bread, and we find that the price
given at that time for baking bread of that kind was five shil-
lings sterling, (or 6*8, lawful money) per hundred, therefore
the baking 15000 weight, amounts to fifty pound L. M. or
S166..66 cents, which sum was due to said Peirpont in April,
1775, and being so due, your Committee consider him intitled
to interest from that time to the present, which interest added
to the principal makes the sum of 535 dollars, from which sum
deduct 150 dollars, whicli the said Elizabeth Peirpont received,
March 1810, and interest on the same to this date, will leave a
sum due to said Elizabeth and her children of three hundred
and sixty- seven dollars. Therefore,

Jiesolvedj That there be allowed and paid out of the treasury
of this Commonwealth to P-^lizabeth Peirpont, three hundred
and- sixty-seven dollars in full compensation for baking said
bread, including interest.

CLXXII.

Resolve on the petition of John Turner Sargent^ for leave to sell
real estate. 29th February, 1812.

On the petition of John Turner Sargent, stating that the
power heretofore given by resolve to the executor of the late
Henry Jackson, cannot be executed because of the decease of
one of said executors, and praying that the like power may be
given to hi'm.

KESOLVES, 29th February, 1812. 387

Resolved, That John Turner Sargent, of Boston, in the county
of Suftblk, Esquire, be, and he hereby is authorized and empow-
ered to convey by good and sufficient deed to Benjamin Joy, of
said Boston, Esquire,a certain lot of land situated in said Boston,
bounded and described as follows : viz. beginning at the divis-
ional line on Charles Street, between the land herein described
and other land adjoining, belonging to said Joy, and from said
Charles Street, running westwardly on said divisional line,
eighty feet, to a back passage way ; thence by said passage
way running northwardly twenty-four feet ; and thence running
eastwardly eighty feet to Charles Street ; and thence by
Charles Street twenty-four feet southerly to the place of begin-
ning. And the deed of said Sargent made in conformity hereto
shall be good and valid to vest in said Joy the fee in said land,
to the same effect as though a deed had been made of the prem-
ises to said Joy, by said Jackson in his life time.

CLXXIII.

Resolve on the account and estimate of the Quarter Master
General. 29th February, 1812.

Resolved, That Amasa Davis Esq. Quarter Master General,
be, and he hereby is discharged from the sum of nineteen
thousand and ninety-one dollars and eighty-four cents, which
he expended, including his salary, office rent, and clerk hire,
amounting to one thousand dollars for one year, ending the
seventeenth day of January in the year of our Lord one thou-
sand eight hundred and twelve, out of the sum he has received
the last year by warrant on the Treasurer.

Resolved, That the sum of six hundred and fifty- three dol-
lars and eighty-eight cents be paidto the said Amasa Davis Esq.
from the treasury of this Commonwealth, as the balance of his
account.

Resolved, That the sum of fifteen thousand five hundred
and ninety-four dollars and twenty-five cents, be paid to the
said Quarter Master General from the treasury of this Com-
monwealth, to meet the expenses of his department the ensu-
ing year, for the application of which he is to be accountable ;
and that his Excellency the Governor be requested to issue
his warrant on the treasury for the amount, at such period and
in iiuch sums, as his Excellency with the advice of Council
may deem expedient for public service.

S88 RESOLVES, 29th February, 1812.

CLXXIV.

HeSolve conjirming the doings of the first parish in Lynn.
29th February, 1812.

On the petition of the Committee of the first parish in
Lynn.

Resolved, That all the meetings of said first parish in Lynn,
which have heretofore been held when the same were called by
the clerk of said parish by order of the Committee or by the said
Committee by notifications not under seal, and all the proceed-
ings of the legal voters of said parish, which have been had in
pursuance of such notifications, be, and hereby are ratified and
confirmed in the same manner as if the said notifications had
been by warrants according to law.

CLXXV,

Resolve directing the Solicitor General to consent to a cojitinu-
ance of the actions against the sureties of the late Treasuret
Skinner, 29th February, 1812.

'On the representation ''of the Solicitor General requesting
further directions, respecting the actions in favour of the Com-
monwealth against the sureties of the late Treasurer Skinner.

Resolved, That the said Solicitor General be, and he hereby
is authorized and directed to consent to the continuance of the
several actions against said sureties for judgment from term to
term, until March term of the Supreme Judicial Court, which
will be held at Boston, in the county of Suffolk, on the second
Tuesday of March in the year one thousand eight hundred and
thirteen. Provided, The said sureties pay, or cause to be paid,
to the Treasurer of this Commonwealth, previous to the con-
tinuance of said actions from the next March term of the Su-
preme Judicial Court, the sum of ten thousand dollars, which
sum when so paid shall be in part discharge of the sum for
which judgment is finally to be rendered against the said sure-
ties. And provided also. That said sureties shall pay to the
said Solicitor General the bills of costs on said suits. Provi-
ded also. That nothing herein contained shall be construed to
effector invalidate the attachments already made upon the pro^
perty of said sureties in the actions aforesaid.

RESOLVES, 28th February, 1812. 3S9

CLXXVI.

Resolve for paying John Wells Esq. member from JVUliams-
burghy omitted in the Pay Roll. 29th February, 1812.

Resolved^ That there be paid out of the treasury of this Com-
monwealth to John Wells, of Williamsburgh, for his attendance
forty-four days as Representative, eighty-eight dollars, and
twenty-two dollars for his travel to the General Court.

CLXXVII.

Resolve appointing a Committee to settle and fix the boundary
line between Saco and Scarborough. 29th February, 1812.

Resolved, That Daniel Stowell, of Paris, surveyor, James
Morrill, of Falmouth, and Joseph Prime, of Berwick, Esquires,
be a Committee to repair to the town of Saco, to settle and fix
the boundary lines between the towns of Saco and Scarborough,,
at their expense, and after a full hearing of the parties, that they
begin at the place which they may determine to have been the
mouth of Little river in the year 1743, and from thence to run
the dividing line between the said town of Saco and Scar-
borough to the head of said towns, and to erect durable monu-
ments on said lines, which line, when run as aforesaid, to be
forever after considered as the true dividing line between the
towns aforesaid. And it shall be the duty of the said Com^
mitt'«e to send a copy of their av/ard or doings to the town
clerks of the said towns of Saco and Scarborough.

CLXXVIIL

Resolve authorizing the Overseers of the poor of Boston to bind
out John Campbell^ a blind boy. 29th February, 1812.

On the memorial of the Overseers of the Poor of the town
of Boston, respecting John Campbell, a blind boy, supported at
the expense of the State.

Resolved, That the overseers of the poor of the tovvn of Bos-
ton be, and they hereby are authorized to bind out until he
arrives atthe age of twenty-one years, John Campbell, a blind boy,
and State pauper, now in their almshouse, to some suitable
mechanic, and, if necessary, to give a premium to the person
who takes him, or otherwise place him in some good family,
on such terms and conditions as they may judge will be most
for the interest of the Commonwealth,
52

390 RESOLVES, 28th February, 1812.

CLXXIX.

Resolve directing the Secretary to insert in the tax the towns

lately incorporated, with the proportion of the tax.

29th February, 1812.

Resolved, That in printing the State tax act, the Secretary
be directed to insert the names of all the new towns incorpo-
rated, and established during the present session, with their
several proportions of the said tax, together with the propor-
tion of the pay of their Representatives the two last sessions,
as chargeable to said towns respectively.

flESOLVES, 28th February, 1812. 391

Roll No. 66 February, 1812.

The Committee on accounts having examined the several
accounts 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 and paid, will be in full
discharsre of the said accounts to the several dates therein men-
tioned ; which is respectfully submitted.

Nx\THAN WILLIS, per order,

PAUPER ACCOUNTS.

Town of Adams, for clothing and doctoring sundry

paupers, to 9th January, 1812, S145 36

Attleborough, for supplies for Elizabeth and Peggy

Taylor to 1st January, 1812, 35 73

Abington, for hoarding, clothing, and doctoring

Thomas Seymore to 9th February, 1819, 69 35

Andover, for boarding and clothing Patrick Callahan

and SukeyHornsby to 11th February, 1812, 138 94

Becket, for boarding, clothing, and doctoring Sally

Leonard and Hiram Leonard to 7th January, 1812, 66
Barre, for boarding and doctoring John C. Dander-

ick to the time of his death, including funeral

charges, 37

Barnardston, for boarding and clothing Oliver Ste-
phens to 15th January, 1812, 66 49
Boxborough, for boarding and clothing John M'Coy

to 24th May, 1811, 61 15

Bedford, for boarding and clothing James Cades to

27th January, 1812, 44 33

Brimfield, for boarding, clothing, and doctoring John

Christian to 8th January, 1812, 72 24

Bath, for boarding, clothing, and doctoring Samuel

Osborn to the time of his death, including funeral

charges, 42 50

Berwick, for boarding Lemuel Wadsworth to 29th

January, IS 12, ' 10 40

Beverly, for boarding, clothing, and doctoring sundry

paupers to 1st February, 1812, 671 42

Bridgewater, for boarding, clothing, and doctoring

Frederick Bignor to 6th February, 1812, and Wil-

392 RESOLVES, 28th February, 1812.

Ham Blakely to the time of his death, including

funeral charges, ^79 5

Boothbay, for boarding and clothing Stephen Green's

child to 12th January, 1^12, 85 90

Bradford Samuel, Sheriff of the county of Suffolk, for
supporting sundry poor prisoners, confined in gaol
for debt, to 23d January, 1819, 494 37

Boston Board of Health, for boarding and doctoring
sundry paupers on Rainsford's Island to 12th Jan-
uary, 1812, including repairs for the State's boat,
and allowance to Thomas Spear for wood, andhi s
services as keeper of the hospital, 514 97

Brunswick, for supplies and doctoring John Friend to

31st January, 1812, 25

Brookfield, for boarding and clothing Thomas

Quannomer to the time he left the town, 17 32

Boston, for boarding, clothing, and doctoring sundry
paupers to 1st December, 1811, including the
allowance to the keeper of the almshouse, 6626 7

Charleton, for boarding, clothing, and doctoring Ed-
ward Maden to 1st January, 1812, 41 47

Cheshire, for boarding, clothing, and doctoring Jane
Dott to the time of her death, including funeral
charges, 20 8

Carlisle, for boarding and clothing Robert Barber to

11th January, 1812, ^ 48 22

Colerain, for boarding and clothing Sally Lamonier to

16th January, 1812, ' 38 68

Concord, for supporting George Black, Case, a black
man, Zachariah Godfrey, James Proctor, and Jo-
seph Higgins, prisoners confined in gaol for debt,
to 22d January, 1812. 96 80

Cape Elizabeth, for boarding James Ramsbottom to

29th December, 1811, 48

Cambridge, for boarding, clothing, and doctoring
sundry paupers, and poor prisoners confined in gaol
for debt, to 27th January, 1812, 261 5

Cushing, for boarding James VValker to 12th Febru-
ary, 1812, " 41 60
Castine, for boarding and doctoring Nancy James
and her children, until they left the Common-
wealth, and John Johnson to the time of his death,
including funeral charges, 76 50

RESOLVES, 28th February, 1812. 393

Chelmsford, for boarding, clothing, and doctoring
Catharine M'Clenery, and John Paine and family,
to 4th February, 1812, S108 30

Charlestown, for boarding, clothing, and doctoring

sundry paupers to 11th February, 1812, 263 10

Dighton, for boarding, and doctoring Elijah Catch to

the time he left the Commonwealth, 9 20

Dunstable, for boarding, clothing, and doctoring

Margaret Lane to 3d February, 1812, 67 93

Deerfield, for supplies and doctoring George Roberts

to 22d January, 1812, 33 81

Dorchester, for boarding and clothing Alexander
Theophilus, John Harrison and Thomas Wyman
to 30th January, 1812, ^ 149 70

Danvers, for boarding, clothing, and doctoring sun-
dry paupers to 11th February, 1812, 700 55
Dracut, for boarding and clothing Richard Baker to

11th February, 1812, 55 .59

Doggett Samuel, keeper of gaol in Dedham, for
boarding and clothing James Hatchel, a lunatic, and
Robert Clue, a prisoner, confined in gaol, to 12th
January, 1812, 122 8

East Hampton, to boarding John Hall to 10th Feb-
ruary, 1812, 26
Egremont, for boarding and clothing Mary Eliza-
beth, Joseph and Benjamin Dailey, and Benjamin
Eastport, to 14th January, 1812, 315 20
Elliot, for supplies for Jacob Brewer and family to

30th December, 1811, ' 35

Edgarton, for boarding and clothing, Anthony Chad-
wick to 4th January, 1812, and Emanuel Silvary, a
prisoner, confined in gaol, to 20th August, 1811, 64 51
Fayette, for boarding and clothing William G. Mar-
tin to 1st January, 1812, 69 20
Falmouth, county of Barnstable, for boarding, cloth-
ing, and doctoring Edward Edu^ards to 19th Janu-
ary, 1812, ^ 38 92
Falmouth, for boarding, clothing, and doctoring Fe-

lician Sang to 31st December, 1811, 84

Framingham, for boarding and clothing Hugh

M'Pherson to 18th January, 1812, 55

Great Barrington, for boarding, clothing, and nursing
Isaac, Catharine, and Mary Hoose, John Whittey,
Clarissa Lindsey, Anna Rathbone, and Lucy For-

394 RESOLVES, 28th February, 1812.

ter, to 4th January, 1812, and for transporting Jeru-

sha Chappel out of the Commonwealth, S287 47

Greenfield, for boarding, clothing, and doctoring Abi-
gail Lamonier and her child, to 20th July, 1811,
and Eunice Convers to 31st January, 1811, 114

Groton, for boarding, clothing, and doctoring John
C. Wright, Elisha Hayt, and Eunice Bentrodt, to
10th January, 1812, and William Lessear and his
wife, to the time of his death, including funeral
charges, 345 92

Greenwich, for boarding,clothing, and doctoring John
Howard, John Bailey, William Rice, Jonathan Bai-
ley's family, James Bailey, and Elizabeth Harring-
ton to 14th January, 1812, 218 65

Granby, for boarding and clothing Ebenezer Darling

to 27th January, i812, 59 95

Gorham, for boarding and clothing Robert GillfiUing

to 31st January, 1812, 82 83

Granville, for boarding and clothing Archibald Stew-
art to 1st January, 1812, 74 91

Gloucester, for boarding, clothing, and doctoring sun-
dry paupers to 10th November, 1811, 583 50

Gill, for boarding, clothing, and doctoring Sarah Ham-
ilton, Samuel Lyon and wife, and Abigail Lamon-
er's child to 25th January, 1812, 139 46

Haverhill, for boarding, clothing, and doctoring Henry
Spoilett to 23d July, 1811, and William Tapley to
1st January, 1812, 118 95

Hancock, for boarding and clothing Rebecca Osborn

to oOth January, 1812, 46 1

Hopkinton, for supporting John Leighton to 20th Sep-
tember, including funeral charges, 18

Hatfield, for boarding and doctoring Asacl Anderson
to the time of his death, including funeral charges, 17

Hodgkins Joseph, keeper of the house of correction
in Ipswich, county of Essex, for boarding and
clothing Mary Adelaide, Huldah Hicks, John
Squires, Josiah Bennington, Thomas Willis, David
Vance, and John Dewittraw, to 31st January, 1812, 249 80

Hadley, for supplies for Friday Allen and wife, to 6th

January, 1812, 88 27

Hallowell, for boarding, clothing, and doctoring sun-
dry paupers to Ist January, 1812, 492

RESOLVES, 28th February, 1812. 395

Hudson John, keeper of the gaol in Salem, county of
Essex, for boarding sundry poor prisoners confined
in gaol, to 21st January, 1812, S499 68

Ipswich, for boarding, clothing, and doctoring John
O'Brian, Thomas Tool, Daniel Galliger, and C^sar,
a black man, including funeral charges, 266

Kingston, for boarding and doctoring Betsey West,

an insane pauper, to the 26th July, 1811, 20 15

Kittery, for boarding and clothing Sarah Perkins, and

Deborah Perkins and child, to 1st January, 1812, 127 40

Limington, for boarding, clothing, and doctoring John

Orion to 1st January, 1812, 67 60

Lee, for boarding, clothing, and doctoring Jonathan
Blackman and wife, to 6th January, 1812, Lucy
Fuller, Daniel and Betty Sarstee, and Azubah Cain,
to 9th January, 1812, ♦ 130 18

Lenox, for boarding, clothing, and doctoring Abra-
ham Palmer, William Hawley, and Niel M'Arthur,
to 14th January, 1810, and funeral charges for John
Michael, 97 27

Litchfield, for supplies to Hannah Taylor, and Daniel

Howard and wife, to 1st January, 1812, 154 30

Lanesborough, for supporting Benjamin Browner to

the time he left the town, 16 88

Lincolnville, for boarding and clothing Alexander

White and Timothy Cox, to 17th January, 1812, 109 70

Lexington, for boarding and clothing Margarctt Hub-
bard to 14th November, 1811, 14

Lunenburgh, for boarding and clothing Felix Stool to

25th January, 1812, 60 44

Leyden, for boarding, clothing, and doctoring Jede-
diah Fuller and wife, Ruth Abel, and Elizabeth
Waggoner, to 14th January, 1812, 109 65

Lynn, for boarding, clothing, and doctoring sundry

paupers to 8th February, 1812, 557 13

Littleton, for boarding and clothing John Putman to
11th February, 1812, 45

Lincoln, for boarding and clothing Thomas Pocock
to 1st February, 1812, 88

Minot, for boarding Philip Weeks to 14th January,

1812, 26

Methuen, for boarding, clothing, and doctoring Tho-
mas Pace to the time of his death, and William
Davis to the time he left the town, 92 20

396 RESOLVES, 28th February, 1812.

Montague, for boarding, clothing, and doctoring
Joshua Searls to 13th January, 1812, 8145

Manchester, for boarding, clothing, and doctoring
Thomas Douglas to 2d February, 1812, 72

Marshfield, for boarding and clothing Lemuel Little
and Phillis Mitchell, to 15th May, 1811, 175

Milton, for boarding and doctoring Rebecca Welsh
and child to 16th February, 1812, and John Gray
to the time of his death, including funeral charges 109

Marblehead, for boarding, clothing, and doctoring
sundry paupers to 6th February, 1812, 498

Machias, for doctoring James Low to February, 1811, 25

Norwich, for boarding, clothing, and doctoring Dan-
iel Williams to 26th January, 1812, 46

Northfield, for boarding, clothing, and doctoring
Richard Kingsbury to 11th January, 1812, 73

North Yarmouth, for boarding and clothing William
Elwell to 1st January, 1812, 67

New Bedford, for boarding, clothing, and doctoring
sundry paupers to 18th January, 1812, 199

Northampton, for boarding and doctoring sundry pau-
pers and poor prisoners confined in gaol to 1st Feb-
ruary, 1812, 436

Newbury, for boarding, clothing, and doctoring sun-
dry paupers to 1st January, 1812, 925

Newburyport, for boarding, clothing, and doctoring
sundry paupers to 1st January, 1812, 1713

Oxford, for boarding and clothing Catharine Jordan
to 1st January, 1812, 64

Otisfield, for boarding and doctoring William Hurd
to the time he left the Commonwealth, 40

Overseers of Marshpee Indians, for boarding, cloth-
ing, and doctoring Thomas Caesar, Francis Mar-
tin, Thomas Numkies, and Jabez Freebody, to
31st December, 1811, and Quash Bulkin to the
time of his death, including funeral charges, , 342

Penobscot, for boarding and clothing Thomas Slack
to 17th December, 1811, 42

Phillipsburgh, for supplies for Lemuel Woods to the
10th November, at which time he was removed to
Berwick, 46 '

Pordand, for boarding, clothing, and doctoring sun-
dry paupers to 1st January, 1812, 1516 I

RESOLVES, 28th February, 1812. 397

Pittsfield, for boarding, clothings, and doctoring Polly
Tluirston, Peter Huron, and Epaphras Chilcls, and
supplies for Thomas Skeen, to I2th January, 1812,
and Benjamin Gilford to the time he left the Com-
monwealth, S120 72

Plymouth, for boarding and clothing Thomas Tor-
rence, James Reed, and John M'Reeves, to 9th
February, 1812, 129 45

Peru, for supplies for James Robbins and family to

2d January, 1812, 123 90

Palmer, for boarding, clothing, and doctoring Wil-
liam Musden and wife to 5th January, 1812, 120 50

Quincy, for boarding, clothing, and doctoring Wil-
liam Clesshant and Thomas Basley to 23d January,
1812, 99 67

Readfield, for boarding, clothing, and doctoring Ed-
ward Burges and Collin Commoran to 27th De-
cember, 1811, 115

Rowley, for boarding, clothing, and doctoring Elle

Collins and Benning Dow to 1st January, 1812, 116 71

Randolph, for boarding and doctoring Patrick Lyon,

to tlie time of his death, including funeral cliarges, 8 12

Rowe, for boarding, clothing, and doctoring Betsey

Carpenter to 24th January, 1812, ' 36 20

Reading, for boarding, clothing, and doctoring Sam-
uel Bancroft to 25th January, 1812, and Thomas
Grant, to the time of his death, including funeral
charges, ^ ^ _ 198 35

Roxbury, for boarding, clothing, and doctoring sun-
dry paupers to 3d January, 1812, 379 27

Rehoboth, for boarding, clothing, and doctoring Eli-
zabeth Snow and Lofer Mason, to 1st January,
1812, _ _ 117 20

Rochester, for boarding, clothing, and doctoring

George White to 5th February, I8lt>, 95 57

Rutland, for boarding, clothing, and doctoring J-ohn
Cawling, William Henderson, and Roswell Farrar,
to 20th January, 1812, and Robert Campbell to the
time he left the town, I54 72

Swansey, for boarding and clothing Thomas Conolly

to 20th December, 1811, 43 86

Sandwich, for boarding and clothing Richard Crouch

to 5th January, IS 12, 34 10

398 RESOLVES, 28th J'ebruary, 1812«

Spencer, for boarding and clothing John Lander to

5th January, 1812, jS67 50

Stockbridge, for boarding, clothing, and doctoring
Sally Peet and Mary Doud, to 3d December,
1812, 128 25

Sturbridge, for boarding, clothing, and doctoring
Jonas Bantous to 6th January, 1812, and Jonathan
Spear to the time of his death, including funeral
charges, 62 6

Sandisfield, for boarding, clothing, and doctoring Je-
rusha Price, Elizabeth Dando, Richard Duckson,
and William Sanford, to 9th January, 1812, 82 37

Saco, for doctoring John Dunham to the 4th August,

1811, 29
Shirley, for boarding, clothing, and doctoring Simon

Cox, James Mills, and Roderick M'Kinzie and

wife, to 29th January, 1812, 142 32

Sutton, for boarding, clothing, and doctoring Isabella

Santtee and four children, to 20th January, 1812, 81 70

Stow, for boarding and doctoring William Barree to
the 23d March, when he left the town, 17

Sherburne, for boarding and doctoring Benjamin

Houghton to 29th January, 1812, 54 67

Shelburne, for boarding, clothing, and doctoring Mary

Battis to 14th January, 1812, ' 60 27

Springfield, for boarding and doctoring Peter Beau- -

champ to 4th May, iS12, the time he left the town, 6 5

St. George, for boarding, clothing, and doctoring
Robert Hause to 2d February, 1812, and Eleanor
Matthews to the time of her death, including fune-
ral charges, 62 50

Somerset, for boarding and clothing William Elliot

to 1st January, 1812, 48 48

Scuthwick, for boarding George Reed to 1st January,

1812, 70
Standish, for T)oarding and clothing AUice Noble to

6th January, 1812, 65

Shrewsbury, for boarding, clodiing, and doctoring

Leancfer and Sally Taylor, to 25th January, 1812,

and Stephen Jones to the time he left the town, 40 12

Sudburv, for boarding and clothing John Weighton

to 12th February, 1812, ' 81 98

South Hadlev, for supplies for Peter Pendergrass to

6th Jamiary, 1812, ' 60 28

RESOLVES, 28th February, 1812. 399

Salem, for boarding, clothing, and doctoring sundry
paupers to 5th January, 1812, 'S1381

Taunton, for supplies to Edmund Shores, Manuel
Disnos, Hannah Goff, and house rent for Jonathan
Shores, to 12th January, 1812, 219 53

Topsham, for boarding, clothing, and doctoring John
Duggen to 7th January, and William Proctor to
28th January, 1812, * 145

Tyringham, for boarding and clothing Ralph Way
to 1st January, 1812, 58

Uxbridge, for boarding and clothing David Mitchell

to 17th January, 1812, 45 33

Vassalborough, for boarding, clothing, and doctoring
Abigail Fairbrother, LydiaGordon,and CalebGor-
don, to the 1st January, 1812, James Leister, and
Sally Gordon to the time of their death, including
funeral charges, 15 i 12

W^ayne, for boarding Sally Allard to the time of her

death, including funeral charges, 8 97

Windsor, for boarding and clothing Henry Smith and
wife, to 1st January, 1812, 74

West Stockbridge, for boarding and clothing Lucy
Lane, Milesa Edgecomb and child, James C. Biggs,
and Ransons Biggs, to 1st January, 1812, 92

Westfield, for supplies furnished John Newton and

wife, to 31st December, 1811, 67 48

Worcester, for boarding, clothing, and doctoring sun-
dry paupers, including poor prisoners confined in
gaol, to 1st January, 1812, 205 96

Warren, for supporting William Moorman to 4th Jan-
uary, 1812, 52

Winthrop, for boarding, clothing, and doctoring
Olive Howard and William Gascat, to 4th January,
1812, 123 34

Westhampton, for boarding, clothing, and doctoring
Lemuel Culver, and Phebe Culver's child, to 20th
January, 1812, 89 6

Westford, for boarding, clothing, and doctoring
Christopher Sheppard to 28th January, 1812, and
and Philip Jackson to the time of his death, in-"
eluding funeral charges, 115 9^

West Springfield, for boarding, clothing, and doctor-
ing Hannah Felt and Hannah Shevy, to 13th Janu-
ary, 1812, and James Aldrich to the time he left
the town, 98 44

400 RESOLVES, 28th February, 1812.

Willi amstown, for boarding, clothing, and doctoring
Robert Morrill, Rachael Galiisha, Charles M'Ar-
thy, and John Hendergrass, to 8th January, 1812, S148 3

Woburn, for bocudiiig, clothing, and doctoring John
Lynhani's two- children to 10th February, 1812,
and John Ruder to the time he left the town, 66 62

Wntertovvn, lor boarding, clothing, and doctoring
Fatrick Brazil to 15ih November, 1811, and Ann
Fox to the time she left the town, 50 50

York, for boarding, clothing, and doctoring sundry
paupers to 8ih February, 1812, and Sarah Vandy
to the time of her death, including funeral charges, 615 13

Total Paupers, 831,002 80

MILITARY ACCOUNTS.
Courts Martial and Courts of Inquiry^ ^c.

Howard Samuel, for the expense of a Court Martial,
held in Augusta, in October, 1811, whereof Jere-
miah Tuck was President, 146 6

Howard Samuel, for the expense of a Court Martial,
held in Augusta, 18th June, and by adjournment,
6th August, 1811, whereof Lt. CoL Herbert Moore
was President, 304 49

Hildreth William, for his travel and attendance as a
member of a Court of Inquiry, to have been held
at Worthington,27ih March, 1811, ^ 36 74

Goodwin John M. for the expense of a Court Martial,
held at Plymouth, in December, 1811, whereof Lt.
Col. Benjamin Lincoln was President, 108 10

Goodwin John M. for the expense of a Court Martial,
held at Plymouth, 29th October, 1811, whereof
Lt Col. Benjamin Lincoln was President, 144 24

Donnison William, Adjutant General, for the expense
of a Board of Officers, held at Topsham, in May,
1811, whereof B. Gen. David Payson was Presi-
dent, " 166 11

Bates Elkanah, for the expense of a Court of Inquiry,
held at Taunton, 19th March, 1811, whereof Lt.
Col. Shepherd Leach was President, 83 15

Clapp Jeremiah, for officers' fees, summoning wit-
nesses, witnesses' travel and attendance at a Court

RESOLVES, 28th February, 1812.

401

Martial, held at Charlestown, 1810 and 1811,
whereof Lt. Col. Jonathan Bancroft was President,
omitted in the Pay Roll,

Pitkins Benjamin, for his travel and attendance as a
member of a Court of Inquiry, to have been holden
at Worthington, in May, 1811,

Sawtell Richard, for the expense of a Court of In-
quiry, held in Vassalborough, 3d July, 1810,
whereof Lt. Col. EInathan Sherwin was President,

Weston John, for taking depositions respecting a con-
tested election in Stoneham, by order of the Com-
mander in Chief,

Sawtell Richard, for the expense of a Court of Inquiry,
held in Norridgewock, 8th October, 1811, whereof
Maj. John Loring was President,

Brigade Majors and Aids -de- Camp.

Avers James, to 3d January, 1812,
Brown Henry C. to 18th July, 1811,
Bastow Sumner, to 1st December, 1811,
Blish Joseph, to 28th December, 1811,
Bucklin Joseph, to 11th September, 1811,
Bates Elkanah, to 1st January, 1812,
Clap Jeremiah, to 20th February, 1812, including al-
lowance for inspecting town magazines, omitted in
his former account for want of certificates,
Curtis Jared, to 25th January, 1812,
Dutch Eben. to 9th November, 1811,
D wight Henry W. to 6th January, 1812,
El well Robert, to 10th January, 1812,
Fisher, Jacob, to 5th January, 1812,
Greenleaf Samuel, to 5th February, 1812,
Gamwell Samuel, to 3d January, 1812,
Goodwin John M. to 1st January, 1812,
Hammatt William, to 1st August, 1811,
Height William, to 1st November, iSl 1,
Hoit Epaphras, to 1st January, 1812,
Hayward Nathan, to 24th January, 1812,
How Estes, to 12th January, 1812,
Howard Samuel, to 15th November, 1311,
Knap Samuel L. to 1st January, 1812,
Prince Slugh, to 1st February, 1812,
Russell Edward, to 12th January, 1812,.

J§52 56
7 13

51 50
6 70

37 15

138

123

111

166

402 RESOLVES, 28th February, 1812.

Russ John, to 26th January, 1812,
Sawtell Rict^rd, to 28th December, 1811,
Thayer Minot, to 13th February, 1812,
Thayer Samuel W. to 1st January, 1812,
Tilden B. P. to 1st January, 1812,
Tinkham Seth, to 16th June, 1811,
Talbot Peter jun. to 1st January, 1812,
Whiting Timothy, to 2d October, 1811,
Woods Sampson, to 4th January 1812,

Brigade Quarter Masters.

Boutell Timothy, to 1st February, 1812,
Campbell Archibald, to 1st January, 1812,
Crane Elijah, to 1st January, 1812,
Craft Eben. to 1st January, 1812,
Chandler Joseph, to 1st January, 1812,
Crosby John, to 4th January, 1812,
Everett Gilbert, to 1st January, 1812,
Garrett Andrew, to 28th December, 1811,
Hildreth Jonathan, to 1st January, 1812,
Hobart Thomas, to 1st October, 1811,
Knap Samuel D. to 12th January, 1812,
Morgan Archippus, to 1st December, 1811,
Norton Wintrop B. to 1st October, 1811,
Partridge Samuel, to 1st January, 1812,
Pollard" Oliver, to 1st October, 1811,
Rossetter Samuel, to 1st January, 1812,
Roberson Jesse, to 1st November, 1811,
Talmage Josiah, to 1st October, 1811,
Walker Timothy, to 27th January, 1812,
Whitney Thomas L. to 1st October, 1811,
Winchester John, to 16th December, 1811,

Expense for Hoi'ses, to haul Artillery.,

Aklen Peter O. to 1st February, 1812,
Buttrick Horatio G. to 6th January, 1812,
Bartoll Samuel, to 18th January, 1812,
Bartlett Samuel, to 3d January, 1812,
Chittendon Samuel, to 1st January, 1812,
Clemence Calvin, to 1st January, 1812,
Cunningham Thomas, to 10th January, 1812,
Crosman Elisha, to 5th January, 1812,

113

152

RESOLVES, 28th February, 1812. 403

Davis William jun. to 14th January, 1812,
Day David, to 9th January, 1812,
Escman Philip, to 8th January, 1812,
Gale Bezaleel, to 20th December, 1811,
Harris Elisha, to 1st October, 1811,
Holmes Bartlett, to 1st January, 1812,
Hoyt Joseph, to 1st December, 1812,
Harris William, to 15th February, 1812,
Jenkins Weston, to 3d June, 1812,
Jacobs Edward F. to 1st January, 1812,
Johnson David, to 8th February, 1812,
Kellog Charles, to 1st October, 1811,
Lyman Josiah D. to 1st February, 1812,
Lincoln Caleb, to 7th February, 1812,
Nye Samuel, to 1st February, 1812,
Nevvhall Aaron, to 12th February, 1812,
Penniman Samuel, to January, 1812,
Park Richard, to 1st January, 1812,
Phelps S. W. to 2d January, 1812,
Prenter Caleb, to 18th January, 1812,
Patterson David, to 15th January, 1812,
Pomroy Henry, to 29th January, 1812,
Page Wilham H. to 23d May, 1811,
Parker Nathan, to 1st February, 1812,
Peabody Jacob, to 1st January, 1812,
Plummer Addison, to 14th January, 1812,
Rice Joel, to 11th January, 1812,
Roulston Andrew, to 23d January, 1812,
Selden Calvin, to 27th September, 1811,
Stebbins Zenos, to 28th November, 1911,
Stebbins Quartus, to 24th January, 1812,
Sanderson Henry, to 16th January, 1812,
Wheeler Samuel, to 1st October, 1811,
Webster Elijah, C. to 1st January, 1812,
Warren Moses, to 31st January, 1812,
Walker Abbot, to 1st January, 1812,

Adjutants.

Adams Charles, to 6th November, 1811,
Arms Pliny, to 20th December, 1811,
Adams Moses, to 1st January, 1812,
Allen Elisha, to 16th November, 1811,
Allen Shubal C to 3d Februarv, 1812,

€>5

404 RESOLVES, 28th February, 1812.,

Bird Jonathan, to 10th January, 1812,

Brewer Daniel C. to 20th September, 1812,

Bates Isaac C. to 1st November, 1811,

Beak John, to 1st December, 1811,

Blusson Alden, to 4th January, 1812,

Bradley Enoch, to 8th October, 1811,

Bucklin Joseph, to 20th August, 1811,

Bray Oliver, to lOth February, 1812,

B; ' k Tilley, to 15th December, 1811,

J icroft Ebenezer, to 3d February, 1812,

Barry William, to 15th February, 1812,

Bryant Joseph, to 9th January, 1812,

Cutts William, to 1st January, 1812,

Callender Benjamin, to 16th January, 1812,

Carter Willis, to 8th January, 1812,

Champney John, to 1st January, 1812,

Crowell Michael, to 3d January, 1812,

Chase Thomas L. to 7th February, 1812,

Clark Joseph, to 5th November, IS 11,

Curtis James, to 1st January, 1812,

Draper W^illiam, to 6th January, 1812,

Dickinson Frederick, to 5th February, 1812,

Dana Isaac, to 2d January, 1812,

Delano Gideon, to 13th February, 1812,

Fisk Ezra, to 1st January, 1812,

Fairbanks Stephen, to 19th November, 1811,

Gray John, to 1st November, IS 11,

Gates Isaac, to 15th January, 1812,

Gctchell William, to 1st January, 1812,

Gilbert James, to lOth February, 1812,

Gage Nathaniel, to 15th February, 1812, 15 70

Haggens Benjamin, 6th January, 1812, 24 50

Harrington Joseph, to 2Sth Januarv, 1812, 75 1

Hilton Joshua, to 4th January, 1812,

Hodson Isaac, to 1st January, 1812,

Hayden Charles, to 1st November, 1811,

Jewett Caleb, to 27th November, 1811,

Jewett Jesse, to 10th January, 1812,

Jaques SiUiuiel to 13th February, 1819,

Kingman Simeon, to 2d January, 1812,

Knight James M' to 23d January, 1. 12,

Marston Jonathan, to 12th November, 1811,

Munroe Reuben, to 10th January, 1812,

Lane Daniel, to 1st January, 1812,

S27

122

11 48

[43

RESOLVES, 28th February, 1812. 405

Lewis Lyman, to 4th January, 1812,
Lunt Peter, to 15th January, 1812,
Lane Daniel D. M. to 1st January, 1812,
Libby Nathaniel, to 1st November, 1811,
Lewis Philo, to 30th November, 1811,
Larrabee William, to 27th January, 1811,
Lee William jun. to 1st November, 1811,
Nye Joseph, to 11th January, 1812,
Northam EH, to 25th September, 1811,
Needham Harvey, to 1st January, 1812,
Nye John, to 11th January, 1812,
Orr Hector, to 16th October, 1811,
Pilsbury Stephen, to 1st December, 1811,
Peck George, to 1st September, 1811,
Porter Horace, to 21st November, 181!,
Page Jesse, to 4th December, 1811,
Pollard Oliver, to 1st January, 1810,
Parker Henry, to 4th February, 1812,
Preston Warren, to 1st December, 1811,
Richardson Wyman, to February, IS 12,
Smith Henry, to 4th January, 1812,
Stebbins Quartus, to 13th February, 1812,
Sayles Richard, to 10th February, 1812,
Sawyer William, to 30th January, 1812,
Toby Elisha, to 1st January, 1812,
Thomas John B. to 12th January, 1812,
Tucker Joseph, to 4th January, 1812,
White Jonathan, to 6th January, 1812,
Ward William, to 1st January^ 1812,
W^illiams Jonathan, to 18th November, isri»
Warriner Solomon, to 1st July, 1811,
Weston Samuel, to 22d January, 1812,
Waterman George, to 16th January, 1812,
Wild Jonathan jun. to 8th February, 1812,
Walton Joseph, to 15th February, 1812,
Willington Charles, to 13th February, 1812,
Weston Jonathan D. to 2d December, 1811,

Total Military,
54

!S34

121

S3053

406 RESOLVES, 28th February, 1812.

SHERIFFS' AND CORONERS' ACCOUNTS.

Bartlctt Bailey, for returninf^ votes for Governor,
Lieutenant Governor, and Senators, to 1st Janu-
arv, ISl^, ^ ^ S3 20

Bettis Jeremiah, Coroner, for taking inquisitions on

the body of a stranger, 13th June, 1810, 20 90

Foot Enoch, for takinj^ inquisition on the body of a

stranger, August, 1811, 18 50

Fanning Oraniel, for taking inquisition on the body of

a stranger, January, 1812, 21 36

Foisom John W. for taking inquisition on the body
of Josiah Burt, and five other persons, names un-
known, at sundry times, previous to 4th February,
1812, 124 63

Hildreth William, SherifTof the county of Middlesex,
for distributing precepts and returning votes for
member of Congress, also for returning votes for
Governor, Lieutenant Governor, and Senators, to
14th February, 1812, 47 80

Leonard Horatio, Sheriff of the County of Bristol, for
expenses in apprehending Herman Norton, who
escaped from the gaol in said county, and for re-
turning votes for Governor, Lieutenant Governor
and Senators, to January, 1819, 63 20

Mattoon Ebenezer, for returning votes for Governor,
Lieutenant Governor, and Senators, to 4ih Januarv,
1812, " 7 20

jNIayhevv Simon, for taking inquisition on the body of

a stranger, July, 1811,' 22 99

Lawrence Jeremiah, for returning votes for Governor,
Lieutenant Governor, and Senators, to 11th Feb-
ruary, 1812, 10 40

Sawtell Richard, for returning votes for Governor,
Lieutenant Governor, and Senators, to November,
1811, 17 60

Wilt Thomas, for taking inquisition on the body of a

stranger, October, 18 il, 18 68

Worth Jethro, for returning votes for Governor, Lieu-
tenant Governor, and Senators of this Common-
wealth, and for Representative to Congress, to 2d
November, 1811, ^ 28

Total Sheriffs' and Coroners', B404 46

RESOLVES, 28th February, 1812. 407

PRINTERS' ACCOUNTS.

Allen William B. for publishing acts and resolves to

1st July, 1811, S16 67

Allen Piiinehas, for publishing acts and resolves to

17ih January, 1812, 16 67

Allen Ephraim, for publishing acts and resolves to

1st Au.s^ust, 1811, 16 67

Adams, Rhoades, & Co. for printing for the Secre-
tary's and Adjutant General's office, and for the
General Court, to 14th February, 1812, 2783 69

Butler William, for printing acts and resolves to 20th

January, 1812, 16 67

Chcever Nathaniel, for printing done by order of the
General Court, including acts and resolves, to 1st
January, 1812, 23 33

Dickman Thomas, for printing acts and resolves to

27th January, 1812, 16 67

Edes Peter, for printing done by order of the General

Court to January, 1812, 10

Phelps Ansell, for printing acts and resolves to Feb-
ruary, 1812, 16 67

Munroe &: French, for printing for the General Court
to February, 1812, 1008

True & Rowe, for printing for the General Court to

22d February, 1812, 319 60

Shirley Ardiur, for printing done for the General
Court, including acts and resolves, 26

Total Printers, B4,270 64

MISCELLANEOUS ACCOUNTS.

Boyle John, for supplies of stationary for the Adjutant

Generdl's oflice to 1st January, 1812, 252 88

Boston Glass Manufactory, for glass to the State-
house to January, 1812, 63 73

Burditt James W. for stationary for the use of the

Genei-al Court to 14lh Februa'ry, 1812, 335 86

Chase Warren, for assisting the messenger of the

General Court 46 days, to 27th February, 1812, 92 00

408 RESOLVES, 28th February, 1812.

Durant William, for labour done on the State-house

to 31st January, 1812, S48 41

Fisher Jacob, for taking depositions by order of the
House of Representatives, in the case of Thomas
Kuier Esq. February, 1810, 11 20

Fillebrown Thomas, for taking affidavits, by order of
the Governor, in a contested election, in the case
of Petty Vaughan and William Emmons, military
officers. May, 1811, 12 26

Fisk Oliver, Lincoln Levi, jun. and Wheeler The-
ophilus, commissioners to examine the accounts of
the Treasurer of the county of Worcester, 27th
August, 1811, ' 44 10

Fairbanks Joseph, for service done in guarding the
gaol at Augusta, 16

Holt Benjamin, for preparing valuation books, Janu-
ary, 1812, 70 20

Larkin Ebcnezerj for stationary for the Secretary's

and Treasurer's office to 14th February, 1812, 380 57

Lorr.g Benjamin, for four record books for die use
of the Supreme Judicial Court, from May to Feb-
ruary, 1812, 16

Lapham Sylvanus, for assisting the messenger to the

General Court, 48 days, to 27th February, 1812, 96

Morton Marcus, clerk of the Senate, for assorting and
arranging the Senate files, and making an index to
three volumes of the Senate Journals, to 31st Janu-
ary, 1812, 101 11

Perry John, for assisting the messenger of the Gen-
eral Court to 27th February, 48 days, 96

Prescolt, for summoning witnesses, by order of the
House of Representatives in the case of the Boston
contested election, 9 30

Stimpson Charles, for preparing valuation books, Jan-

i>ary, 1812, 120 80

Sumner Thomas W. Brewer V»''illiara, and Miller
Joseph, committee for repairing State-house, bal-
ance of their account, 13th February, 1812, 4805 07

Scott James, for book-binding and stationary for the
Secretary's and Adjutant General's office to 20th
January, 1812, 101 87

Sumner Charles P. for making an index to the Jour-
nal of the House of Representatives, from 1793 to
1811, inclusive, 96 84

RESOLVES, 28th February, 1812. 409

Thayers and Fogg, for crape for the use of the Court,

as per order, Januarj^ 1812, S137 50

Welles John, Weld Benjamin, and Appleton John,
committee for settling Treasurer Harris's accounts,
June, 1811, 70

Total Miscellaneous, 86,977 70

Aggregate of Boll JVo. 66 — February, 1812.

Expenses of State Paupers, S3 1,002 80

Do. Military, 6,516 92

Do. Sheriffs and Coroners, 404 46

Do. Printers, 4,270 64

Do. Miscellaneous, 6,977 70

Total, g49,172 52

Resolved^ That there be allowed and paid out of the public
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-
nine thousand one hundred and seventy-two dollars, and fifty-
two cents, the same being in full discharge of the accounts and
demands to which they refer.

In Senate^ 21th February^ 1812.
Read and passed, sent down for concurrence.

SAMUEL DANA, President.

In the Home of Representatives, 28th February, 1812.
Read and concurred,

ELEAZER W. RIPLEY, Speaker.

Council Chamber, 28th February, 1812.

Approved, E. GERRY,

COMMONWEALTH OP MASSACHUSE'nS.

Secretary's office, 1st June, 1812-

I hereby certify, that, agreeably to the direclion of the Leg-islature, given by

their resolve of the 16th of January last, I have carefully examined and collated

the printed copies of the Resolves of the General Court, passed between the first

day of June, 1810, and the first day of June, 1812, with the originals in this office,

and find them correct.

Attest, BENJAMIN HOMANS,

Secretary of the Commomvealil'.

INDEX

to RESOLVES OF JANUARY SESSION, 18 12.

A ^

Attorney General, SSOO for expenses in suit against

Pejepscot proprietors, 385

Attorney and Solicitor General, B800 each granted, 302

to institute an inquest of
office, for recovery of islands, &c. for Penobscot In-
dians, _ . . - - 370
Allen Thomas, to convey certain estate, - - 310
Ames Benjamin, S61 22 granted, - - 372
Academy, Farmington, half a township granted, - 328
Monmouth, agents to convey lands in No. 5, 329
Agents for sale of Eastern Lands, balance granted, 376

to have a road surveyed
from Kennebeck to Chaudire rivers, - - 381

B
Blake Joseph, his claim against estate of George Domet

to be examined, . - . . 309

Belighter Thomas, discharged from fine and costs, 311

Brown Ebenezer, granted S12 quarter yearly, - 323

Barnes Nathan, granted g31 33, - - - 328

Benson Nathan, agents to sell a lot of land to, - 365

Boston, Overseers of the poor to bind out John Campbell, 389

C
College, Harvard, President and Fellov/s to lay before the

Legislature their charter, laws, &c. - - 296

Committee to collect and cause to be printed^ the charters

and laws of the late Province, ■* 299

on State Valuation, pay granted, - - 306

i. to inspect Quarter Master General's depart-

ment, - - - - 33i

on Accounts, pay allowed) - - 373

Roll No. 66, allowed, - 391

Commissioners to determine claims to lands in Lincola

county, ;B1200 appropriated, - - - 305

Chaplains and clerks of the General Court, pay allowed, 377
Canal from Great Lakes to Hudson's river, resolve res-
pecting, - . . _ , 336
Chase Warren, Bl per day granted, - - 3T5

INDEX.

Council, 8cc. pay established, - - - ' 302
Clothing, &c. resolve expressive of this state's ability to

furnish, ..... 333
Coburn Peter, jun. his doings under an order of 3. J.

Court made valid, - - - - 312
Coolcy William, guardians of heirs of Z. Cooley to convey

land to, - - - - - 317

Cragie Andrew, Court of Sessions authorized, - 324

Chase Royal, authorized to sell estate, - - 327

Chiscott & Young, committee on Eastern Lands directed, 328

Carr Joseph and others, aid granted in opening a road, 335

D
Donnison William, Esq. Adjutant General, S700 granted

for services, ..... 305

Dudley Nathan, affidavit made valid, - - 313

Davis Samuel, pensioned, - - - - 319

Election Sermon, S50 granted to preacher of, - 331

Ellsworth, their doings confirmed, ... 374

Everett David, Reporter for the House, S425 granted, 385

Francis Sarah, John Hancock authorized to sell land, 321

Fox John, authorized to sell real estate, - - 366

Governor's Speech, _ . . . 269

Answer to, by the Senate, - 284

House, - 288

Message, communicating documents, - 297

,. on several subjects, - 301
.. relative to the ability of Massachu-
setts to supply clothing for troops

and articles \vanted for the Indians, 303

on several subjects, - - 313

relative to Rhode Island line, 326

on two subjects, - - 335

relative to libellous publications, 355

General Court, pay of members established, - - 302

Green Robert, discharged from Worcester gaol, -r 308

Gardner Isaac S. affidavit made valid, - - 319

Gloucester allowed further time to locate half a township, 330

H
Haskins John, guardian of Eftaba Morey, to call on G.

Hicks, - - - ' - - 323

Hersey Hervey, to file an affidavit, - - - 32S

How Estesj to be paid S25. from Hasanamisco funds, 329

INDEX.

Hewins Elkanah, S'45 granted, - - - 366

Hammond Charles, to make an alteration in road, 379

Indians, Penobscot, S180 granted for expenses of chiefs, 332

Jenkins John, S500 appropriated for, - - 368

K
Kuhn Jacob, S500 granted for fuel, - - 295
200 granted, - - - - 385
Kilgore Joseph, actions commenced by the Pejepscot pro-
prietors, continued, . , - . 375

Laws and Resolves, manner of printing in future directed, 300

Lincoln Daniel VV. S89 50 granted, - - 320

Lyman Samuel, to execute a deed to G. Lyman, - 329

Lord Joseph, Treasurer to issue a new note to, - 331

Lovel, records confirmed, ... ihid.

Lapham Silvanus, Si per day allowed, - - 375

Lynn, first parish, doings confirmed, - - 388

Meagher Richard, 500 acres of land granted, - - 322

P
Parsons Eldad and Bridgman Joseph, jun. mistake in for-
mer resolve corrected, - - - 302
Potter Barrett and others, granted further time to settle two

half townships, . . _ . 321

Peirpont Elizabeth, S367 for the baking of bread, 386

Prison, State, jS6000 appropriated for, - - 316

Pittston, aid granted in building a bridge, - 332

Plymouth, further time for locating a township allowed, 370

Perry John, SI per day granted, - - - 574

Page to the House, SI per day granted, - - ibid.

Pay Roll of the House, additions to, - - - 380

Quarter Master General's department to be inspected, 334

account adjusted, and appropri-
ation, - - 387
R
Richmond, resolve expressive of the sorrow of Massachu-
setts, on the recent affecting calamity there, - 295
Rehoboth, Representatives' pay to be made up in Roil, 367
Roll No. 66, of Committee on Accounts, - 391

S
Solicitor General, S94 70 for inquest of office, vs. Jacob

Sheaffe, - - - 382

M ,. to discharge John Smallage, - 384

INDEX.

Solicitor (jeneral, to consent to continuance of actioliSj

vs. Skinner's bondsmen, - . . 3g^

Secretary to examine the state of the papers in his ofRce

and report, - - - - 296

S220 for assistant clerks granted, - 374

to insert new towns in the tax act, - - 390

Sargent Amos, to convey estate of EH2abeth Bucknam, 373
Sargent John Turner, to sell real estate, - - 386

Story Joseph, Hon. allowed pay as Speaker, - - 303

Sullivan John L. to execute a deed to H. Stratton^ 316

Shaw Thomas, records of Plainfield made valid, - 327
Saco and Scarboro' committee to fix line between, 389

T
Treasurer directed in charging to towns the pay of Rep-
resentatives, - - 304
to borrow S65,000, - 380
Taxes granted to several counties, - - 368
Temple Granville, authorized to sell estate, - - * 320
Thompson William, Court of Sessions authorized, 367

V
Ulmer George, Major General, iS75 granted for loss of his

horse, - - - - - 316

Vose Robert C. S200 granted, - - - 320

Valuation, report of committee, - - - 337

S176 postage on returns, allowed Secretary, 369

Vassal Cuba, pensioned, . . - - 376

W
Willard Ephraim, treasurer directed to issue a new note, 299
Williams John C. authorized to pay for support of Esther

Gardner, - - - - -306

Wait John, affidavits made valid, - - 309

Waterborough discharged from a fine, - - 317

White N. and Ward S. to convey estate to Asa W~ard, 318
Winthrop William, Court of Sessions authorized, - 323

Wilkins Isaac and others, pay granted for exploring road, 355
Walker John, affidavit made valid, - - 365

Williams Justus, S80 for transporting prisoners, - 369
Waldoboro', Representatives' pay to be made up, - 370
Walker John, and Joseph Lock, empowered to sell estate, 378
Wing Samuel, S. J. Court to hear representation, ibid.

Whipple Elizabeth, B. Heyward to pay, - - 379

Wyman Benjamin, authorized to sell land, - - 382

Wailcut Thomas, S60 granted, - - - 384

Wells John, to be paid as a Representative from Wil-

liamsburgh, „ , » - 389

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