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

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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, 



10 



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. 



11 



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, 



12 



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, 



23 



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. 



I. 

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. 

V. 

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. 

X. 

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. 

XL 

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. 


6 


S8 22 


21 


14 70 


7 


5 25 


10 


6 70 


10 


6 70 


10 


6 70 


9 


6 3 


9 


6 3 


7 


4 69 


8 


5 :^G 


4 


2 68 


3 


2 1 


3 


2 1 


7 


4 69 


22 


14 74 


5 


3 25 


8 


5 36 


8 


5 36 


6 


4 2 


10 


6 70 



8 


8 5 36 


16 


10 72 


6 


4 2 


1 


67 


19 


12 73 


6 


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. 

f 

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 

t 

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 

9 



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. 



59 



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 



42 




122 


31 


12 


80 


37 


6:^ 


80 


20 


.58 


20 


63 


SB 


25 


57 


16 


34 


14 


75 


17 


99 


30 


51 


6 


86 


68 


38 


42 


:^5 


27 


83 


6 


6 


13 


16 


14 


44 


18 


16 


37 


50 


11 


35 


8 


74 


17 


75 


26 


63 


5 




7 


50 



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 


70 


18,696 


79 


992 


35 


145 


75 


3040 


82 


313 


70 



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 

B 

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 

G 

Governor's speech, - - - - 13 

Answer to from Senate, - 23 

House, - 28 

Goddard James and James, jun. S200 remitted - 42 

Governor Lieutenant, salary established, - ^ 44 

H 

Hunnewell Roger, pension increased, - - 50 

J 

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

K 

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 

L 

Laphani Sylvanus, ^25 - • - - - 49 

M 

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

N 

Notary Public to be chosen for York, - - 35 

Berkshire, - ib. 

Somerset, - ib. 

Norfolk, tax granted, - - - - 52 

O 

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

Q 

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

R 

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 

T 

Taxes granted to several counties, - - 43 

Treasurer, salary established, . - - 44 



W 

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. 



09 



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- 



73 



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. 



L. 



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. 

14 



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 

IG 



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 

C. 

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. 

CL 

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, 

20 



!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 

21 



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, 



59 


30 


32 


25 


17 


75 


20 




115 


10 


23 




65 


22 



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 



gu 


10 


62 


25 


32 


10 


7 


63 


19 


13 


32 


72 


27 


11 


65 


80 


55 


1 


8 


32 


62 


39 


36 


13 


26 


66 


104 


75 


80 


62 


15 


17 


28 


21 


24 




24 


5 


3 


51 


22 


3 


48 


31 


13 


15 


29 


69 


12 


51 


61 


80 


25 


23 


11 


41 


19 


61 


34 


25 


11 


70 


31 


18 


43 


80 


17 


65 


7 


49 


39 


50 


4 


63 


17 


20 


35 


64 


12 


14 


20 


67 


20 


35 


55 


62 



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 



u\ 


35 


37 


50 


27 28 


30 


32 


7 


10 


21 


12 


55 


14 


11 


46 


15 


69 


9 25 


38 


51 


9 


62 


122 




15 


:^5 


83 


96 


21 


45 


16 


2^5 


15 


80 


27 


60 


13 


55 


22 


50 


27 


35 


10 




7 


50 


5 




7 


50 


10 




5 




6 




4 




5 




5 




5 




30 




10 




6 





S5 




20 




7 


50 


10 




3 




5 




6 


50 


5 




$ 




5 




6 


25 


8 




16 


50 


7 


50 


6 


25 


6 




6 





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. 



A 

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 

B 

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 

C 

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 

D 

Davis and Murphy, grant to, ~ - - 105 

Davis Rufus, Treasurer directed, - - - 121 

Dillingham Pitt, grant to, - - - 134 

Dwigiit Josiah, S50 allowed, - - - 143 

E 

Election, S50 granted for the gentleman who shall preach, 93 
;^a3tport, S506 to aid in building gaol, - - 94 

F 

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? 

G 

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 

H 

HartfordjWafrants and proceedings confirmed, - HI 

Hansoii Moses, gran^ to, - - - - 113 



INDEX. 

Heard William, and others, resolve on petition, - 129 

Hill Daniel, agents directed, - - - 136 

I 

Indians, Penobscot, Governor to appoint commissioners, 142 

, K 

Kuhn Jacob, S300 granted for fuel, - - 85 

100 ' do. ... 141 

Kittery, discharged of S415 33, - - 106 

L 

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 

M 

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 

P 

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 

Q 

Quarter Master General to sell broken ordnance 104 
to procure regimental colours, &c. and granting 

S6000, - - - - - 114 

Account allowed, and appropriation made, 133 



INDEX. 

R 

Rochester, Middicboro' and Freetown Congregational 

Precinct, votes confirmed, - - - 90 

Rowe John, and others, resolve on petition, - ,- 137 

S 

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, . - _ - 

T 

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, 

W 

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. 



IH 



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. 



I. 

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. 



c 



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. 

34 



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. 

L. 

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. 



LL 

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. 

35 



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 

4 



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 



7 


50 


7 


50 


8 




5 




8 




5 




5 




7 


50 


10 





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, 



84 


85 


45 


58 


8 


60 


11 


^3 


7 


70 


13 


82 


46 


3 


9 


65 


12 


13 


109 




16 


79 


25 


40 


32 


91 


39 


56 


74 


75 


10 


3 


11 


12 


7 


40 


20 


81 


4 




23 


77 


39 


98 


24 


83 


12 


38 


23 


37 


16 


14 


11 


89 



10 


83 


26 


91 


89 


70 


24 


n i-r 


21 


41 


11 


43 


19 


83 


24 


18 


13 


15 


6 


90 


S2607 


95 



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. 



y 



INDEX 

TO RESOLVES OF JUNE SESSION, 181L 



A 

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 

B 

Bristol County, tax granted, - - - 201 

Brown James, soldier at Augusta, jSlO 5, - 214 

C 

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. 



D 



Oonnison William, Adjutant General, half a year's salary 

gTcinted, - - - - - 211 

Dukes County, tax granted, - . , 212 



E 

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 

G 

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 

H 

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 

K 

Kennebeck County, tax granted, - - 212 

Kuhn Jacob, addition to his salary, - - 244 

for fuel, S800, - - - 251 

L 

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 

M 

Maltby Isaac, mistake corrected, - - 213 

Martin Joshua, action to be reinstated, - t 215 

Medway, Committee on Accounts to examine account of, ih. 

N 

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 

Q 

Quarter Master General to pay for escort music, 15S 

R 

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 

T 

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 

W 

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 

37 



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. 



40 



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. 

41 



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. 


travel. 


teiulance. 


attendance. 


attend. 


John Woodman, 


120 


;S24 


66 


S198 


iS222 


Nathan Willis, 


50 


10 


54 


162 


172 


William Kmg, 


165 


33 


14 


42 


75 


James Means, 


130 


26 


54 


162 


188 


Francis Carr, 


300 


60 


61 


183 


243 


John L. Tuttle, 


20 


4 


59 


177 


181 


Samuel Day, 


30 


6 


56 


168 . 


174 



RESOLVES, 28th January, 1812 


1 


307 












Total 


, 


Yo. of miles 


Amount 


Days at- 


Amount of 


travel & 




travel. 


of travel. 


teiulance. 


attendance. 


attend. 


Walter Fol^^er jiin. 


135 


27 


66 


198 


225 


Silas Holman, 


35 


7 


62 


186 


193 


Joshua Green, 


90 


18 


44 


132 


150 


Thomas Stephens, 


25 


5 


60 


180 


185 


James Robinson, 






56 


168 


168 


Benjamin Weld, 






48 


144 


144 


Charles Davis, 






55 


165 


165 


Samuel Dunn, 






57 


171 


171 


Joseph E. Sprague, 












Nathaniel Wade, 


35 


7 


64 


192 


199 


Stephen Howard, 


45 


9 


64 


192 


201 


Joshua Chandler, 


30 


6 


59 


177 


183 


Nathan Chandler, 


15 


3 


63 


189 


192 


Jacob Reeves, 


20 


4 


63 


189 


193 


John Kettell, 






57 


171 


171 


Daniel Varnum, 


30 


6 


63 


189 


195 


Daniel Mitchel, 


30 


6 


62 


186 


192 


Abner Brownell, 


70 


14 


58 


174 


188 


Elkanah French, 


45 


9 


58 


174 


183 


John Dillingham, 


90 


18 


66 


198 


216 


Samuel Wheldon, 


100 


20 


66 


198 


218 


William Brewer, 






21 


63 


63 


Thomas Hale, 


70 


14 


66 


198 


212 


Nathan Fisher, 


SS 


7 


54 


162 


169 


Hutchins Hapgood, 


70 


14 


52 


156 


170 


Jonas Sibley, 


45 


9 


54 


162 


171 


Jonathan Brewster, 


120 


24 


54 


162 


186 


Jonathan Smith, 


100 


20 


64 


192 


212 


Samuel Porter, 


100 


20 


59 


177 


197 


Hezekiah Newcomb, 


115 


23 


56 


168 


191 


Benjamin Wheeler, 


145 


29 


66 


198 


227 


Samuel H. Wheeler, 


140 


28 


45 


135 


163 


William Hobbs, 


90 


18 


66 


198 


216 


Joseph E. Foxcroft, 












Enoch Preble, 


130 


26 


66 


198 


224 


Mark L. Hill, 


175 


35 


58 


174 


209 


Farnham Hall, 












EleazerW Ripley, 












Gegrge Crosby, 


185 


37 


60 


180 


217 


John Hovey, 


200 


40 


66 


198 


238 


Elias S to well. 


180 


2.6 


66 


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. 

C. 

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. 



44 



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 


77 


100 


82 


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 


81 


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 


57 


87 


66 


20,065 04 


2 69 


402 


2 93 


6,273 53 


90 


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 


92 


154 


1 16 


5,564 02 


74 


120 


89 


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 


97 


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 


62 


104 


71 


5,853 72 


79 


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 


55 


106 


67 


58 


128 


63 


1 14 


227 


1 28 


1 84 


329 


2 15 


1 Z7 


282 


1 06 


2 05 


344 


2 02 


71 


130 


80 


2 63 


423 


2 22 


92 


196 


1 04. 


80 


150 


85 


1 90 


333 


2 14 


1 05 


194 


1 12 


1 89 


437 


o lo 


1 20 


167 


97 


1 32 


251 


1 54 


48 


75 


42 


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 


82 


141 


99 


86 


Part of G 


ranville. 


76 


151 


72 


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\ 


85 


55 


o 


37 


1 


05 


2 


59 


1 


71 


2 


16 


1 


63 




86 




93 




98 


3 


54 




26 


45 


78 



Valuation o/liJOl. 



COUNTY OF BRISTOL. 



§29,598 


44 


30,48 1 


56 


12,008 


49 


20,636 


79 


14,267 


97 


23,236 


46 


11,882 


55 


11,705 


02 


8,897 


95 


11,717 


57 


6,974 


01 


8,316 


96 


93,996 


95 


20,438 


75 


7,874 


03 


9,002 


7>3 


321,036 


24 



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 


64 


166 


63 


1 53 


602 


2 85 


1 03 


242 


97 


2 64 


424 


2 49 


97 


259 


1 01 


1 26 


295 


1 36 


92 


196 


86 


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 



71 



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 



45 



COUNTY OF WORCESTER. 



600 Worcester 


S63,666 40 


S6 


99 


608 


S6 40 


405 Lancaster 


16,978 55 


2 


32 


350 


2 63 


422 Mendon 


17,483 36 


2 


43 


341 


2 77 


825 Brookfield 


32,200 73 


4 


58 


767 


5 67 


314 Oxford 


10,783 61 


1 


61 


269 


I 82 


600 Charlton 


25,112 08 


3 


48 


462 


3 76 


610 Sutton 


25,218 66 


3 


51 


518 


4 36 


294 Leicester 


13,797 88 


1 


84 


269 


2 12 


348 Spencer 


15,476 96 


2 


10 


350 


2 58 


287 Rutland 


17,089 07 


2 


12 


306 


2 47 


200 Oakham 


8,070 66 


1 


13 


200 


1 25 


282 Hubbardstoii 


11,936 39 


1 


65 


276 


1 86 


215 New Braintree 


9,575 53 


1 


30 


215 


1 63 


204 Southborough 


9,525 22 


1 


27 


199 


i 45 


265 Westborough 


12,740 52 


1 


69 


260 


2 04 


197 Northborough 


8,519 78 


1 


17 


156 


1 Ct ^ 


330 Shrewsbury 


13,140 22 


1 


86 


266 


1 99 


291 Lunenburgh 


12,297 24 


1 


70 


291 


2 09 


378 Fitchburgh 


11,532 85 


1 


80 


296 


1 7S 


303 Uxbridge 


17,148 39 


2 


17 


303 


2 39 


150 Northbridge 


5,130 95 




77 


1 -T 'T 
1 Ov> 


85 


375 Harvard 


13,503 01 


1 


98 


363 


2 38 


267 Bolton 


10,536 80 


1 


49 


245 


1 69 


142 Berlin 


6,245 42 




85 


133 


S9 


470 Sturbridge 


20,440 ZO 


2 


80 


431 


3 12 


384 Hard wick 


14,439 91 


2 


08 


387 


2 6S 


257 Western 


10,717 91 


1 


49 


232 


1 SI 


399 Leominster 


13,536 05 


2 


03 


337 


2 07 


260 Holdcn 


12,310 92 


1 


64 


256 


2 OS 


250 Douglas 


7,532 67 


1 


19 


242 


1 39 


254 Grafton 


12,363 44 


1 


63 


217 


1 38 


375 Petersham 


17,2;n 28 


2 


32 


347 


2 82 


321 Royalston 


10,621 67 


1 


63 


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 


97 


143 


1 10 


452 Barre 


24,088 88 


3 09 


428 
132 


3 67 


133 Ward 


6,549 28 


87 


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 


99 


203 Gerry 


8,423 35 


1 18 


199 


1 32 


156 Dana . 


3,253 05 


61 


141 


57 


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 


^2 


56 


423 


82 78 


74 Mount Washington 


2008 40 




32 


64 


32 


404 Great Barrington 


13,119 54 


2 


00 


384 


2 25 


434 New Marlborough 


11,377 63 


1 


90 


399 


2 18 


40 1 Williaiiistown 


17,342 94 


2 


38 


405 


2 59 


310 Lanesborough 


13,543 62 


1 


85 


314 


2 28 


84 New Ashford 


2,677 43 




41 


90 


49 


751 Pittsfield 


25,956 91 




86 


523 


3 58 


300 Lenox 


11,015 26 


1 


60 


253 


1 78 


346 Stockb ridge 


13,615 61 


1 


93 


306 


2 20 


166 Egremont 


5,486 96 




83 


171 


99 


405 Tyringham 


8,960 50 


1 


62 


370 


1 9Q 


375 Sandisfield 


12,382 13 


1 


88 


365 


2 16 


46 Southfield 


1,479 42 




23 


46 


23 


217 Beckct 


8,263 86 


1 


18 


206 


1 30 


234 W^indsop 


7,126 64 


1 


12 


219 


1 53 


247 Hancock 


7,831 99 


1 


21 


228 


1 39 


242 Richmond 


10,847 00 


1 


47 


242 


1 82 


187 Washington 


5,844 90 




90 


203 


1 00 


258 West Stockbridge 


7,186 40 


1 


17 


218 


1 32 


118 Alford 


4,421 28 




64 


122 


74 


453 Adams 


13,791 23 


2 


16 


312 


2 07 


375 Lee 


9,961 98 


1 


65 


155 


1 57 


375 Cheshire 


13,583 92 


1 


98 


296 


2 05 


183 Dalton 


6,631 85 




97 


193 


1 19 


165 Savoy 


3,728 01 




67 


116 


44 


52 Clarksburg' 


T,667 04 




26 


54 


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 

7 



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 


90 


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 


99 


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 


96 


165 


88 


135 Sunderland 


4,961 69 


72 


128 


82 


241 Montague 


6,938 32 


1 11 


240 


1 24 


216 Shutesbury 


4,744 28 


87 


195 


88 


£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 


74 


152 


1 00 


181 


1 09 


■203 


83 


11-7 


1 80 


274 


99 


167 


1 01 


21.'> 


76 


155 


1 17 


239 


1 03 


225 


1 26 


166 


2 35 


456 


77 


144 


2 26 


348 


31 73 


5,565 



On !S1000. 

SI 92 

78 

91 

1 18 

75 

1 83 

1 16 

1 08 

74 

1 42 

1 03 

1 14 

3 ir 

86 

2 27 



05 



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 


67 


118 


48 


10,819 79 


1 75 


270 


1 42 


8,573 48 


1 57 


264 


1 34 


5,774 77 


93 


146 


72 


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 


24 


29,532 


52 


29,481 


82 


22,018 


74 


17,694 


06 


8,412 


98 



13 
81 

34 
1 

82 



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 


77 


432 


2 49 


1 92 


Part of Poland. 


84 


130 


66 


93 


158 


88 


70 


106 


48 


56 


63 


35 


70 


Part of Freeport. 


63 


110 


45 


39 


Part of Bridgetown 


17 


40 


14 


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 


91 


21,609 

7,647 

8,688 

7,401 

16,932 

13,905 


30 
83 
13 
38 
71 
76 


7,335 
10,388 


15 

64 


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 


90 


4,969 
6,783 
6,602 
3,669 


05 
81 

72 
64 


3,331 


53 


2,977 


19 


<? Kz*r 


Qi 



1 04 

93 
I 45 
1 31 

83 

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 

98 



1 13 

1 02 

90 

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 


73 


136 


45 


103 Chesterville 


2,510 21 


44 


36 


15 


231 Clinton 


4,757 78 


89 


130 


59 


173 Fayette 


4,302 84 


74 


130 


59 


402 Farmington 


9,741 96 


I 69 


230 


1 12 


218 Fairfax 


4,240 57 


82 


C Freetown Planta. 
? 66 1 30 
Part of Pittston. 


237 Gardiner 


8,259 96 


1 23 


257 Greene 


7,236 04 


1 17 


133 


74 


202 Harlem 


4,702 73 


83 


132 


53 


484 Halloweli 


14,278 35 


2 27 


295 


1 62 


276 Leeds 


5,365 17 


1 04 


132 


57 


288 Monmouth 


6,410 16 


1 16 


183 


73 


240 Mount Vernon 


5,565 68 


98 


194 


83 


130 Malta 


1,698 96 


41 


NeA7 Town. 


197 New Sharon 


4,554 43 


81 


98 1 4S 
259 [ 1 53 


213 Pittston 


6,457 34 


1 01 


131 Rome 


781 01 


33 


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 


37 


New Town. 


176 Unity 


2,978 82 


62 


5 25 Mile 
\ 95 


; Pond PL 

40 


94 Vienna 


2,331 52 


40 


60 


26 


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 


37 


45 


19 


191 Wayne 


3,584 89 


71 


93 


43 


153 Wilton 


3,045 05 


58 


5 Tyngstt 
I 66 


:>vn\ Plan. 
30 


166 Winslow 


4,946 09 


78 


353 


1 40 


293 Waterville 


6,716 16 


1 20 


Part of Winslow. 


46 25 Mile Pond Plantation 400 00 | 


13 






83 Beaverhill Plantation 


500 00 


2J 






54 Bndgeton Plantation 


500 00 


15 






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, 

47 





0?i ^IQOO, in- 


Valuation 0/I8OI. 


Jl^^rcjates. 


cludiv!^ Foils 
at 2 milU each 


Polls. 


On SIOOO. 


Sr,493 76 


gl 32 


178 


SO 


75 


7,185 32 


1 26 


177 




89 


7,349 51 


1 32 


171 




92 


7,994 55 


1 31 


196 




90 


3,1 14 26 


55 


95 




50 


5,668 52 


84 


117 




81 


3,380 82 


52 


115 




70 


3.838 03 


70 


164 




89 


5,245 85 


72 


95 




46 


4,190 82 


84 


167 




77 


8,324 37 


1 47 


206 




89 


7,661 02 


1 42 


138 




85 


5,587 34 


1 07 


169 




9-1 


7,573 59 


1 26 


196 




87 


1 1,334 56 


1 56 


204 


1 


38 


4,270 84 


72 


124 




54 


3, .".51 04 


61 


94 




50 


3,291 30 


52 


73 




39 


4,055 42 


69 


47 




21 


5,552 98 


93 


145 




47 






C Plantation No 


■ 6, 


2,365 30 


37 


l 50 


S2 


2,551 20 


39 


New Town. 




1,547 18 


2f 


33 1 


IS 


1,353 38 


24 


New Town. 




1,373 32 


25 


New Town. 




1,400 12 


24 


New Town. 




2,045 50 


31 








7,792 6 5 


1 43 


201 




84 


3,650 96 


1 01 


100 




42 


4,207 22 


88 


145 




67 


948 50 


14 


New Town> 




1,032 60 


17 


New Town. 




1,373 70 


26 


New Town.. 




1,294 72 


44 






865 32 


27 








672 2Q 


15 








877 20\ 


22 








744 13 


16 








813 60 


20 








492 65 


14' 








1,438 60 


23 








929 02 


15 








543 45 


10 








825 94 


14 


i 






690 50 


13 








448 33 


10 








, 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 



56 



00 



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 



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 

o 

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 


1 


666 34 


2 


864 35 


9 


377 54 


11 


663 82 


12 


340 26 



11 



369 95 



367 20 



460 80 



88 


241 


gl 22 


65 


76 


35 


33 


65 


36 


49 
50 
19 ' 


76 


28 


93 


40 




10 


29 


New Town. 


03 


135 1 59 


53 


Part of Eastport. 


45 


New Town. 


48 


52 


29 


20 






27 






08 






19 






08 






034 






033 






042 







RESOLVES, 30th January, 1812. 



351 



^Ig^regates. 



h 



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 


76 


296 Fairfield 




6,712 64 


1 20 


197 


85 


65 Avon 




1,164 55 


21 


New Town. 


143 Anson 




2,822 45 


54 


158 1 59 


87 Athens 




l,6r8 70 


30 


C Kinsinantewn P. 
\ 26 14 


109 Cornville 




2,514 59 


45 


60 1 27 


77 Embden 




1,597 72 


28 


New Town. 


62 Freeman 




1,109 83 


20 


New Town. 


76 Harmony 




1,398 73 


24 


C Van ghan town P. 
I 25 12 


123 Industry 




1,921 10 


42 


80 ! 33 


159 Madison 




J,512 90 


58 


C Beinardstown P. 
/ 40 20 










1 16 Mercer 




2.063 65 


42 


New Town. 


1 10 New Vineyard 




2,268 97 


43 


74 1 28 


86 New Portland 




1,827 20 


31 


C 7 Mile Brook P. 
i 80 2o 


42 Palmyra 




1,213 73 


19 


New Town. 


189 Starks 




.3,741 39 


70 


1 17 48 


108 Strong 




2,050 26 


38 


40 23 


66 Solon 




1,750 18 


29 


New Tew n. 


29 Plantation No. 4, 


6th R 


. 400 00 


09 




14 Plantation No. 6, 


7th R. 


300 00 


06 






8 Plantation No. 7, 


7th R, 


300 00 


05 






3 1 Sebasticooli Plantation 


500 00 


11 







152 



RESOLVES, SOihJanuarv, 1812. 



Polls. 



35 



Towns. 



Js'.i^rs.srntes. 



S Plantation No. 1, IstR. east") ©^qq 
f side of Kennebec river 3 



11 



15 

14 
12 

15 

40 



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 

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 

87 

1 43 

66 

65 

* 78 

38 

1 12 

SI 

63 

24 

38 

24 

16 

32 

36 



Valuation n/lSOt. 



Foils. 



1,210 



On glOOO. 



23 



181 


■ go 97 


191 


1 08 


202 


1 14 


209 


97 


127 


58 


161 


96 


135 


65 


177 


73 


69 


35 


76 


45 


130 


67 


64 


30 


100 


55 


25 


11 


56 


30 


30 


16 


50 


50 


25 


13 


25 


13 


40 


/ 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 

12 

04 



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 




88 



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 


1, 


June 


19, 


July 


17, 


Aug. 


3, 


Aug. 


31, 


Sept. 


11, 


Sept. 


14, 


Oct. 


9, 


Oct. 


12, 


Oct. 


23, 


Nov. 


27, 


Jan. 


11, 


Feb. 


8, 



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, 


7 


June 15, 


17 


June 19, 


24 


June 22, 


32 


June 26, 


53 


June 29, 


34 


July 3, 


36 


July 10, 


37 


July 13, 


38 


July 17, 


46 


July 24, 


49 


July 27, 


51 


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 

15 



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 

i 



RESOLVES, 27th February, 1812. 
THE YANKEE. 



363 



None. 



None. 



Libels under the 
Law. 

June 24, 1811, 

June 27, 
July 18,- 
Sept. 12, 
Sept. 1 6, 



BOSTON GAZETTE 
old Common 



No. 11 

13 

20 and 21 

28 

29 



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 

10 

12 

14 

15 

16 

- 17, 18, and 19 

20,21 

23 

24 and 25 

26 

27 

30 

31 

32 

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. 

49 



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 



8 


85 


82 


13 


47 


20 


27 


75 




50 


50 


1 


138 




40 


17 


123 


55 


43 


22 


69 


58 


75 


45 


111 


53 


29 


78 


24 


10 


26 


12 


51 


56 


54 


31 


5S 




27 


10 


166 


23 


14 


50 


49 


85 


54 


89 



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 


85 


98 


51 


39 


75 


86 


80 


31 


38 


42 


13 


152 


12 


5Z 




58 


25 


70 


30 


20 


70 


25 


50 


22 


50 


29 


30 


60 


S3 


18 


75 


15 




41 


60 


32 


50 


17 


2 


54 


80 


23 


10 


65 


60 


61 


5 


15 


50 


31 


20 


33 


90 


25 


30 


28 


15 


20 


20 


12 


50 


5 




10 




6 


25 


10 




5 




10 




12 





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, 



8 


33 


10 




10 




4 


75 


6 




29 


50 


30 




7 


50 


5 




8 




12 


25 


7 


50 


6 


25 


30 




5 




5 




5 




10 




10 




10 




15 




8 


33 


20 




12 


50 


18 




10 




10 




6 


50 


7 


50 


7 


50 


8 


75 


5 




10 




7 




15 




7 


92 


20 


90 


56 


87 


14 


€>5 


26 


82 



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 


56 


31 


47 


31 


79 


38 


70 


10 


90 


9 


61 


7 


33 


4 


97 


43 


25 


25 


50 


122 


43 


2 


66 


17 


21 


18 


5 


22 


83 


72 


1 


20 


95 


25 


85 


74 


89 


18 


83 


30 


82 


31 


9 


50 


51 


11 


24 


99 


25 


63 


50 


17 


42 


10 


28 


74 


72 


11 48 



[43 


77 


42 


76 


93 


55 


56 


30 


53 


56 


88 


7 


10 


88 


19 


48 


92 


37 


32 


88 


11 


90 



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 


90 


14 


36 


36 


12 


43 


13 


48 


67 


14 


75 


5 


87 




95 


20 


37 


28 


38 


22 


75 


39 


23 


9 


78 


33 


94 


26 


40 


24 


5 


4 


94 


37 


51 


56 


2 


46 


7 


18 


89 


3 




24 


36 


20 


69 


72 


26 


121 


87 


22 


63 


25 


33 


21 


15 


53 


98 


24 


76 


83 




15 


36 


73 


97 


44 


75 


99 


31 


51 


88 


S3053 


37 



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 

E 

Election Sermon, S50 granted to preacher of, - 331 

Ellsworth, their doings confirmed, ... 374 

Everett David, Reporter for the House, S425 granted, 385 

F 

Francis Sarah, John Hancock authorized to sell land, 321 

Fox John, authorized to sell real estate, - - 366 

G 

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 

I 

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 

1^ 

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 

M 

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 

Q 

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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