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RESOLVES 


OF  THE 


GENERAL  COURT 


Commontoealtl)  of cJHSaiSjSdc&uiSett^j 

PASSED  AT  THE  SEVERAL 

SESSIONS  OF  THE  GENERAL  COURT, 

COMMENCING  MAY  31,  1815,   AND  ENDING  FEBRUARY  20,  1819. 


Published  agreeably  to  a  Resolve  of  16th  January,  1812., 


VOL,  ^TT. 


BOSTON  : 

PRINTED  Y  '  RUSSELL  &  GARDNER,  FOR  BENJAMIN  RUSSELL, 

raiKTEK  TO   THE    STAT£. 

1819. 


RESOLYES 


OP  THE 


GENERAL  COURT 


OF  THE 


Commontoealtl)  t^fMa^mWtn^^ 

PASSED  AT  THEIR  SESSION, 

^VHICH  COMMENCED  ON  WEDNESDAY,  THE  31st  DAY  OF  MAY,  AND 
WHICH  ENDED  ON  THE  15th  JUNE,  1815. 


■*W>*« ' 


Published  agreeably  to  a  Resolve  of  16th  January,  1812. 


BOSTON  : 

PftlSTED  BY  RUSSEW,  CTJTIF.R  ANT)  CO.  FOR  BENJAMIN  RrSST!T.T., 
PRINTER  TO  THE  STATU: 

1815. 


CIVIL  LIST 

COMMONWEALTH  oFmaSSACHUSETTS, 

FOR  THE  POLITICAL  YiiAU  1815—16. 

mS  EXCELLENCY 

CALEB  STRONG,  Esq.  Governor. 

HIS  HONOR 

WILLIAM  PHILLIPS,  Esq.  Lieutenant  Governor. 


Hon.  David  Cobb, 
Samuel  Fales, 
Nahum  Mitchell, 
John  Welles, 


COUNCIL. 

Hon.  Ephraim  Williams, 
Joshua  Head, 
Joseph  Allen, 
Ezekiel  Whitman, 
Nathaniel  Bowditch, 
Alden  Bradford,  Esq. 

Secretary  of  the  Commmomaealtk. 

John  T.  Apthorp,  Esq. 

Treasurer  and  Receiver  General  of  the  Common-wealths 


SENATE. 
Hon.  John  Phillips,  Esq.  President. 

Suffolk — Hon.  John  Phillips,  Josiah  Quincy,  Harrison 
G.  Otis,  Thomas  H.  Perkins,  Jonathan  Hunewell,  Richard 
Sullivan. 

Essex — Hon.  Thomas  Stephens,  Nehemiah  Cleaveland, 
Nathaniel  Hooper,  Stephen  Hooper,  John  Pickering. 

Middlesex — Hon.  Sam'l  Hoar,Timothy  Fuller,  John  Hart. 

Worcester — Hon.  Silas  Holman,  Benjamin  Adams,  Mo- 
ses Smith,  Oliver  Crosby. 

Hampshire^  Hampden  and  Franlclin — Hon.  Ezra  Stark- 
weather, Samuel  Lathrop,  Elijah  Paine. 

Berkshire — Hon  Timothy  Child,  William  P.  Walker. 

Bristol  -  Hon.  Samuel  Crocker,  James  Ellis. 

Plymouth — Hon.  Wilkes  Wood,  Thomas  Weston. 

Barnstable— Won.    Solomon  Freeman 

Dukes  County  and  JSTantucket — Hon.  Thaddeus  Coffin. 

JVorfolk — Hon  John  Howe  Joseph  Bemis. 

York — Hon.  William  Moody,  John  Holmes. 

Cumberland — Hon.  Lothrop  Lewis,  Jacob  Abbot. 

Lincoln,  Hancock  and  Washington — Mark  L.  Hill,  James 
Campbell,  William  Crosby. 

Kenneheck — Hon.  Joshua  Gage. 

Oxford  and  Somerset — Hon.  William  Read. 
Samuel  F.  M'Clcary,  Esq.  Clerk. 
Robert  C.  Vosc,  Esq.  Assistant  Clerk, 
Rev.  Dr.  John  Lathrop,  Chavlain. 


HOUSE  OF  REPKESEXTATR^ES 
Hon.  Timothy  Bigelow.  S^peaker. 


COLXrY  OF  SUFFOLK. 


JSosbm,  WiUiam  Smith, 
James  Robinson, 
Josiah  Bachelder, 
Stephen  Codman, 
Benjamin  Russell. 
Benjamin  Whitman, 
Charles  Davis, 
William  Hammatt, 
"William  H.  Sumner, 
Ephraim  Thayer, 
George  G.  Lee, 
Nathaniel  Ciirtisy 
WilUam  Tudor.  Jr. 
Richard  Faxon, 
Samuel  Dunn, 
John  D.  Howard. 
Thatcher  Goddard, 
Lynde  Walter. 
Jonathan  Lorin^ 


Jonathan  Whitney, 
Samuel  J.  Prescott, 
Joseph  Pierce. 
Andrew  Sigourney, 
Thomas  Barry, 
Henry  Sargent, 
William  Harris, 
Benjamin  Gorham,. 
William  Sturgis, 
John  Howe, 
John  Bellows. 
Charles  P.  Phelps, 
Benjamin  West. 
Xathan  Apple  ton. 
Andrew  Ritchie,  Jr. 
Geor2:e  Sullivan. 
Israel  Thordike,  Jr. 
Chilsea. 


ESSEX. 


Skdewn^  Dudley  L.  Pickman, 

Benjamin  Pierce, 

Amos  Hovey. 

Robert  Emerv. 

Ezekiel  H.  Derby, 

Joseph  Torrey. 

Benjamin  Hawkes, 

Elisha  Mack. 

John  Glen  King, 

Joseph  Andrews, 

Jacob  Peabody. 
MaTlUhtud,  Isaac  Siory. 
Lfjnn.  Aaron  Breed. 

Thompson  Burriil, 
Lvv.rif.eld, 


Sdu_^us.  Robert  Emes. 

JDanrers.  Nathan  Feltoii, 
Hezekiah  Flint, 
Sylvester  0-born. 
William  Putnam  Page. 

Bererlv.  Thomas  Davis, 
Abner  Chapman, 
Robert  Rantoul, 
Nathaniel  Goodwin, 
Nicholas  Thorndike. 

Wenham,  Paul  Porter. 

Hamilton.  John  Safford. 

mManchester. 

Gloucester.  John  Tucker, 
John  Manning. 


HOUSE  OF  REPRESEXTATTTES. 


Benjamin  Webber. 

James  Odell, 

James  Hayes. 
Ipswich.  Nathaniel  Wade. 

Joseph  Farley, 

Joseph  Hodgkins, 

George  Choate. 
B.oiclev.  Joshua  Jewett, 

Parker  Cleveland. 
^evbury.  Silas  Little, 

John  Osgood, 

Daniel  Emery, 

Ebenezer  Hale, 

Thomas  Hills, 

Moses  Dole,  Jr. 
%Vfjc&urvp£>rt.  Jonathan  Gage, 


Stephen  Howard, 

Isaac  Adams. 

William  Chase, 

Samuel  L.  tnap, 

Ebenezer  Mosely, 

Edward  S.  Rand. 
Bradford  Jesse  Kimbal. 
Boxfrrri,  Israel  Foster. 
Andorer,  Thom&s  Kittredge, 
.V"'  - 
T  . 

^lethuen,  Benjamin  Osgood. 
Macerkill,  I>a.Tid  Howe. 
Jbne^nLTy,  Thomas  Hoyt. 
SalisbiLrv*  Samuel  March* 


MIDDLESEX. 


CfuLrlestoitn,  JosiahBarilett, 

Timothy  Walker. 
Cambridge, 

Samnel  P.  P.  Fay. 

William  Hilliard. 
JVi-st- Cambridge, 

Thomas  RusselL 
Brighton. 

Nathaniel  Champney. 
J^edford.  Timothy  Bigelow, 

Abner  Bartlett, 
mMaldtn,  Jonas  Green. 
^'eicton,  Ebenezer  Cheney, 

Ebenezer  Starr. 
Watertotcn.  Jonas  White, 

Thomas  Clark. 
Waitham,  David  Townsend. 
Weston, 

LihcoIr,  William  Hayden. 
Lexington,  James  Brown. 
Sudburtf.  William  Hunt, 
£ast-SudbHry, 

Micah  Maynard  Ratter. 
^'aticJk. 


Sherburne. 

HoUistom, 

Soplnnton, 

J^ramingham,  Jobn  ¥i«k. 

*MarIbarou_zh. 

Daniel  Brigham. 
Sfov  and  Bcxboromgk, 

AusustQi  Tower. 
Cortcord,  Tilly  ^lerrick. 
Bedford. 
BMrliugt^n. 
Wobnm,  John  Wade, 
Stoneham. 
Jlr'adirts:, 

Timothv  Wakefied, 

Daniel  Flint. 
South  Heading. 
Wilmington. 

Billerica,  Josiah  Crosbv,  Jr. 
Teackskury.  Jesse  Trull. 
ChelmsfoTd.  Amos  Whimey. 
Carlisle,  Thomas  Heald. 
Weifford.  Jes«e  Elinor. 
•icton.  Joseph  Xoyes. 


HOUSE  OF  REPRESENTATIVES. 


Littleton  f 

Jonathan  He.artwell. 
Grotoriy  Luther  Lawrence. 
Dracut. 
Dunstable, 
Ti/ngsborough. 


Shirley, 
Fepperell, 

Nehemiah  Jewett,  Jr. 
Townsendf  Samuel  Brooks. 
^shby'f 


NORFOLK. 


Boxburij,  William  Brewer, 

^^bijah  Draper, 

Lemuel  I  ebarron, 

Paul  Gore. 
Dorchester, 

Mather  Withington. 
Brookline,  Isaac  S.  Grardner. 
Milton,  Jason  Hou2;hton. 
Cluincy,  Thomas  Greeuleaf, 
Draintree, 
Weymouth, 
Cohasset. 
J\  eedham, 
Dedham,  Samuel  H.  Deau, 


Abner  Ellis, 

Erastus  Worthin2;ton. 
J  edjleld  and  Dover, 
Medivay^ 

DelUn^ham,  John  Bates. 
Franklin^  Phineas  Ware, 

Lewis  Fisher. 
Wrentham,  Jairus  Ware. 
Walpole,  Daniel  Kingsbury. 
Foxborou^^h. 
Sharon,  Ziba  Drake. 
Stoughton,  Samuel  Talbot. 
Canton,  John  Bailey. 
jRandoljphf  Micah  White. 


PLYMOUTH. 


Plymouth, 

Nathari'^1  Spooner,  i 

Barnabiis  Hedge, 

Joseph  Bartlett, 

Benjamin  Bramhall, 

Nathaniel  VSorton  Davis. 
Ithigston,  John  Thomas. 
Duxhury,  George  Partridge. 
Marsli field,  Jotham  Tilden. 
Pembroke, 

Kilborn  Whitman. 
Uridgewater, 

Daniel  Howard. 


Middleborough. 

Dochester,  Abraham  Holmes, 

Wareham, 

Carver. 

Plimjjton. 

Halifax. 

Mington,  Nathan  Gurney,Jr. 

Hanover,  Reuben  Curtis. 

Scituate,  Micah  Stetson. 

Hingham,  Thomas  Fearing. 

Hull. 


BRISTOL. 
Taunton^  Thomas  Lincoln.      Ramham,  John  Gilmore,  Jr. 


HOUSE  OF  REPRESENTATIVES. 


Eastouen. 

JK^ortun,  Isaac  Hodges, 

•Mansfield. 

Attleborough, 

Abiathar  Richardson,  Jr. 
Mehoboth,  James  Bliss. 
heekonkf 

Oliver  Starkweather. 
Dighton,  Rufus  Whitemarsh. 
Wellington, 

Nathaniel  Wheeler. 
Swansea,  Daniel  Hale. 
Somerset, 

Billings  Coggeshall. 
Berkelt/f  Apollos  Tobey. 


Freetown,  RohertStrohridge, 

Job  Morton. 
Troy,  Joseph  E.  Read- 
Westpoi't,  Abner  Brownell, 

Silvester  Brownell, 

Abner  B.  Gifford. 
Dartmouth,  Ephraim  Trjpp> 

Thomas  Alray, 

George  Morton. 
J\*ew  Bedford, 

Jireh  Swift,  Jr. 

John  M.  Williams, 

James  Washburn, 

Manasseh  Kempton. 
FairhaveUf  John  Delano. 


BARNSTABLE. 

J?an?sfa6Ze,NathanielJenkins,B?'ews^er,  Elijah  Cobb. 


Sandwich. 

Falmouth,  Thomas  Fish,  Jr. 

Yarmouth,  Thomas  Hedge, 

Henry  Thaeher. 
Dennis,  Daniel  Howes. 
Harwich, 


Chatham. 

Orleans,  Jonathan  Bascom. 

Eastliam, 

Wellfleet, 

Truro. 

Frovincetown, 


Edgartown. 
Tisbury, 


DUKES'  COUNTY. 

Chilmark, 


JVANTUCKET. 

JSTantucketj  Micajah  Gardner. 

WORCESTER. 

Worcester,  Abraham  hmco]nfJ\'orth.Brookfield. 

Nathan  White,  Western,  Harvey  Sessions. 

Levi  Lincoln,  Jr.  Sturbridge,  John  Phillips. 

Leicester,  Austin  Flint.  Charlton,  John  Spurr, 
Spencer,  James  Draper,  Jr.        Isaiah  Rider. 

Brookfield,  Simeon  Draper,  Dudley,  Aaron  Tufts, 

Elisha  Hammond.  Amasa  Nichols. 


8  HOUSE  OF  REPRESENTATIVEFJ. 

Dou^las^  Aaron  Benson.  Princeton^  David  Rice, 

Uxbridge,  Samuel  Read,  Holden,  Ebenezer  Bstabrook. 

Daniel  Carpenter.  Butland,  Joel  Davis. 

J^Torthbridge,  Oakham. 

Adolplius  Spring.  Paxton, 

Mendouj  Joseph  Adams,  •N*ew-Braintree, 
Mil  ford,  Pearly  Hunt.  Henry  Penniman. 

JJpton^  Ezra  Wood,  Jr.  HardwicJc,  Timothy  Paige. 
Grafton.  Jason  Mixter. 

SuttoUf  Josiah  Wheelock.  JBarre  Nathaniel  Jones. 

Millhury   Asa  Goodell.  Hubbardston, 

Oxford,  Abijah  Davis.  Petersham,  Joel  Briant. 

Ward.  Leominster, 
Shreivsbury^  Samuel  Haven.      Bezaleel  Lawrence. 

IVestborough.  Lunenburg. 

Southborough.  Fitchhurg. 

JK'orthborough,  James  Keyes.  TVestm,inster,  James  "White, 
Boylston,  Jotham  Bush.  Alexander  Dustin. 

West-Boylston,  Gardner, 

Barnabas  Davis.  William  Birkford,  .Tr. 

iai?casfer,WilliaraCleveland,w2s/?6Mrr?/iam,  Elisha  White. 

John  Thurston.  TFtwc^ewrfow, Samuel  Prentiss, 

Harvard,  Stevens  Hayvrard.  Tioyalston,  Joseph  Estabrook, 

BoHnn.  Stephen  P.  Gardner.  Templefon,  Moses  Wright. 

Berlin,  Henry  Povrers.  Athol.  James  Oliver. 

Sterlivg.  James  AVilder,  Phillipston,  Ithamar  Ward, 

Thomas  Howard  Blood.  Dana. 

HAMPDEV. 

Springfield,  Edmund  Dw'i^htyLudlow,  Ely  Fuller. 

.Toseph  Pease,  Palmer,  Jesse  King, 

Edmund  Bliss.  West -Springfield, 

Longmeadow,  Jonathan  Smith, 

Alexander  Field.  Charles  Ball, 

Wilbraham,  Joseph  Lathrop,      Gad  Warriner. 

Robert  Sessions.  Alfred  Flower. 

Monsnn,  Abner  Brown  PTipsf/leM,  Benjamin  Hastings, 

Brimfeld^  Stephen  Pvnchon,      Asariah  Mosely, 

Israel  E.  Trask.    "  William  Blair. 

Holland  and  South. Br imfield^Southivick,  Doras  Stiles. 

James  Ji.  Wales.  Granville,  James  Cooley, 


HOUSE  OF  REPRESENTATIVES. 


9 


David  Curtis.  Chester,  Sylvester  Emmons. 

Tolland,  Peres  Marshall.  Jiussell. 

Blandford^  Alanson  Knox,  Montgomery. 

Isaac  Lloyd. 


HAMPSHIRE. 


J\f*ort]iampton, 

Jonathan  H.  Lyman, 

Ebenezer  Hunt,  Jr. 

Oliver  Warner. 
East-Hamptouy 

Lemuel  Lyman, 
South- Hampton, 

Asahel  Birge,  Jr. 
West-  Hampton, 

Sylvester  J  udd. 
Hatfield,  Israel  Billings. 
JVilliamsb  uv^h , 

Thomas  Mayhew. 
Goshen,  Ambrose  Stone. 
Plainfield,  John  Hamlen. 


Cmnington,  Robert  Dawes. 
TVoi'thin,s;ton^  Josiah  Mills. 
Chesterfield,  Joseph  S.  Bailey. 
Middlefield,  John  Dickson, 
JSTornnch,  Jesse  Joy. 
JIadley,  Samuel  Porter. 
South-Hadley,  Eliliu  Dvvight'. 
Granby,  Eli  Dickinson. 
Belcliertown,  Eliakim  Phelps, 

Joseph  Bridgman,  Jr. 

Mark  Doolittle. 
Ware,  William  Paige,  Jr. 
Greenwich. 
Pelham. 
Amherst,  Noah  Webster. 


FRANKLIN. 


JVorthfteld,  Ezekiel  Webster. 

WarwicJc. 

Orange,  A,mos  W^oodward. 

Montague,  Nathan  ('hcnery 

Sunderland,  Nathaniel  Smith 

Leverett. 

W(^ndell,  Joshua  Green. 

Shutesburn. 

JSl^ew- Salem,  Varney  Pearce, 

Benjamin  Stacy. 
Greenfield,  Eliel  Gilbert. 
Gill,  Seth  S.  Rowland. 
Bernardston,  John  Hamilton. 
Ley  den. 


Shelburne,  William  Wells. 
Colraine,  Daniel  Willis. 
Heath,  Joseph  Emerson. 
lloice. 

.Charlemont,  Abel  W^ilder. 
Hau'ley,  'I'homas  Longley. 
BucJdand,  Levi  W^hitc. 
Jlshfield,  Enos  Smith. 
Conwaif^  Elisha  Billings. 

David  Childs. 
Heerfield,  Asa  Stebbins, 

Augustus  Lyman. 
Whately, 


BCRKSIIIRE. 
ShpffieUL  Silas  Kellogg,  Sllns  Dewy. 


10 


HOUSE  OF  REPRESENTATIVES. 


J\tew -Marlborough  f 

Ebenezer  Hyde, 

Isaac  Turner. 
Sandisfield  and  Souihfield, 

Uriel  Smith,  Jr. 

Samuel  Merrill. 
Otis,  Elihu  Buttles. 
Tyringham,  Neheraiah  Park. 
Great-  Barr  ngton, 

John  Whitiog. 
Egrptnont. 
Mford,  Aaron  Kinne. 
Stockbridgp,  David  Goodrieli 
West-  Stockbridgp, 

Joseph  Hevvins. 
Beckpt,  George  Conant. 
Washmgton. 
Lee,  James  Whiton. 
Lpnox,  Caleb  Hyde. 
Jiichmondn  Hugo  Burghardt. 
Hancocky  Rodman  Hazard. 


Pitfsjipld,  Oren  Goodrich, 

John  Dickenson, 

Phineas  Allen, 

Oliver  Robbins. 
Dalton,  Abraham  Porter. 
hinsdale,  Abel  Kittredge. 
Peru,  Cyrus  Stow  ell. 
Windsor.  Amasa  Convers,  Jr. 
hanesborough, 

William  H.  Tyler. 
JSTew-Ashjord. 
Cheshire,  Allen  Brown. 
.Mams.  John  Bucklen, 

Henry  Wilmarth. 
Williamstown, 

Samuel  Kellogg. 
Savoy. 

Clarksburgh, 
Florida. 
Mount  Washinston. 


YORK. 


York,  Alexander  M'Intire, 

Elihu  Bragdon, 

Joseph  Bradbury. 
Kittery,  Joshua  T.  Chase, 

Mark  Dennett. 
J£lliot,  John  Hammond. 
Wells,  Nahum  Morrill, 

Joseph  Thomas, 

Georg«  M.  Wallingford, 

Joseph  Gilman, 

HughM'Culloeh. 
Arundel,  Thomas  Perkins. 
Biddpford,  Reuben  H.  Gvecn^Limington. 

Samuel  Merrill. 
Berwick,  Joseph  Prime, 

William  Hobbs. 
South- Berwick, 

Benjamin  Green. 


Lebanon,  David  Legro. 

Sandford,  Sheldon  Hobbs. 

Alfred. 

Lyman,  John  Low. 

Mollis,  John  Smith. 

Waterborough. 
Shajjleigh, 

Josiah  P.  Woodbury. 
JSf'ewfield. 
Parsonsfield. 

Cornish. 
Limerick. 


Buxton. 

8aco,  Benjamin  Pike, 

Aaron  Seamman. 

Samuel  Woodsum. 


HOUSE  OF  REPRESENTATIVES. 


11 


CUiVIBEHLAND. 


Portland, 

Joseph  H.  Ingraham, 

Isaac  Adams, 

James  Neal, 

Seward  Porter, 

Henry  Smith, 

William  B.  Sewall. 
Westbi'ookj  John  Jones. 
Falmouth,  James  Morrell. 
Cape  Elizabeth, 
Scarborough, 
Gorham,  David  Harding, 

James  Codman, 

Toppan  Hobie. 
Standish. 

Windham,  Nathan  GooM. 
Gray,  Greorge  Latham. 
JV'orth  -  Yarmo  u  th, 

Ammi  R.  Mitchell, 


Alford  Richardson. 
Pownal, 

Freeport,  Joseph  Lufkin. 
Brunswick,  David  Dunlap. 
Durham,. 
Harpswell. 
JSTew-  Gloucester, 

David  Nelson. 
Pejepscot. 

Poland,  Josiah  Dunn. 
Minot,  Godfrey  Grosvenor, 
JUaymond, 
Baldwin, 
Bridgetown. 
Harrison  .^ 
Otisjield, 


LINCOLN. 


Wiscasset,  David  Payson, 

Samuel  Cony. 
Woolwich,  Richard  Harnden 
Dresden,  Isaac  Lilly. 
Mna,  Jeremiah  Pearson. 
Whitefield. 
Jefferson. 
J\'ew- Castle. 
EdgfK^ombe, 
Boothbay,  Daniel  Rose. 
Bristol,  Samuel  Tucker. 
J\*obleborough, 

Ephraim  Rollins. 
Waldoborough, 

Jacob  Ludwig,  Jr. 

Elijah  Davis^ 
Friendship,  Melzar  Thomas 
dishing,  Adam  Wiley. 
St.   Georsce.  Joel  Millpv. 


Thomastown,  Isaac  Bernard, 

John  Spear. 
.  Warren,  Cyrus  Eaton. 
Camden, 
Dope. 
Union  o 
Putnam. 
Palermo. 

Montville,  Cyrus  Davis. 
Georgetoion. 
Phipshurgh. 
Bath,  Samuel  Davis. 

Jonathan  Hytle. 
Topsham,  Acter  Patten,  3d. 
Bowdoin. 
Bowdoinham. 
.Lewistown. 
Lisbon. 
TJfchiield, 


la  HOUSE  OF  REPRESENTATIVES. 

KENNEBECJ^^ 

diis^usta,  Robert  Howard.       'Rome. 
HallowelU  Nathaniel  Perley,  Vienna. 

Peter  Grant.  J\*ew- Sharon. 

Gardiner,  James  Marston.  Chesterville. 
Monmouthf  Abraham  MovviW.Farmington. 
Greene.  Temple. 

Leeds,  Daniel  Lothrop.  Wilton. 

Wintliroj),  Pittston,  David  Young. 

Alexander  Belcher.  Vassalborou^h, 

Meedfield.  Samuel  Redington. 

Wayne.  Winslow,  Charles  Hayden, 

Fayette.  Harlem,  Josiah  Ward. 

Mount-  TWmon,  John  Hovey.  Malta. 
Belgrade.  Fairfax. 

Sydney.  FWedom^ 

Waterville,  Clinton. 

Elnathan  Sheiwin.  Unity. 

Dearborn.  Joy. 

OXFORD. 

Paris,  Alanson  Mellen.         Lovell. 

Hebron.  Sweden. 

JBuckfield.  BenjaminSpalding.I^eiima?'^^ 

Turner,  Joseph  Bonney.         JVoritay,  Levi  Whitman. 

hivermore,  Israel  Washburn,  IFafer/or^,  Calvin  Farrar. 

Simeon  Waters.  Albany. 

Hartford,  Frederick  Bartlett.-Bef/ieZ,  Moses  Mason. 
Sumner.  Jay,  Samuel  Small. 

Woodstock.  Hixfield. 

Porter^  Rumford. 

Hiram.  Gilead. 

Brownfeld.  J^ewry. 

Fryeburs;]i,  East  dndover. 

Samuel  A.  Bra'^ley. 

SOMERSET. 

JSTorridi^euwck,  Industry. 

William  Sylvester.  .Mercer. 

Bloomfield^  Judah  McClellan>SfarA-s. 


HOUSE  OF  REPRE|BENTATIVES.  13 


Fairfield, 

S.nson. 

JS'ew  Vineyards 

Strung, 

Avon. 

Einhden. 

J\*ew  Portland. 

Freeman. 

Canaan^  John  Wymau. 

Cornville. 


Madison, 

Nathaniel  Blackwell-. 
Solon. 
Athens. 
Harmony. 
St.  Albans. 
Palmyra. 
Bingham. 
Phillips. 


HANCOCK. 


Castine. 

Penobscot. 

Orland. 

Buckstown, 

Orrington,  Warren  Ware. 

Brewer. 

Fddington. 

EllswortJij  George  Herbert. 

Surry. 

Blue  Hill,  Elias  Upton. 

Sedgwick. 

1  renton. 

Sullivan. 

Goldsborougli. 

Eden. 

Mount  Desert, John  Somes. 

Beer  Isle^  Nathan  Haskell, 

Pearl  Spofford. 
Vinalhaven. 
Isleborough. 
Lincolnville,  Samuel  Miller. 


JS*ortliport. 

Belfast. 

Belmont. 

Searsmont. 

Bixmont. 

Prospect. 

Frankfort,  Joshua  Hall. 

Hampden,  Jonathan  Kiiowles, 

Bangor,  Amos  Patten. 

Orono. 

Hermon. 

Carmel. 

Levant. 

•N*ewport» 

Corinth. 

Exeter. 

Garland. 

JSTew  Charlestoicni 

Sangerville. 

Foxcroft. 

Sebeck. 


WASHINGTON. 


Machias,  Ebenezer  In  glee. 

Eastport. 

Lubeck. 

Calais. 

liohbinston. 


Jonesborough. 

Addison. 

Parrington. 

Steuben. 

Columbia, 


11  HOUSE  OF  REPRESENTATIVES. 

Beujamiu  Pollard,  Esq.  Clerk. 

Rev.  Samuel  C.  Thaeher,  Chaplain. 

Tlieroa  Metcalf,  Esq.  Re imrter  of  Contested  Elections, 

Jacob  Kuhn,  Messenger  to  the  General  Court. 
John  Low,  Jun.  Assistant  Messenger, 
.Joseph  Francis,  Fage  to  the  House. 


RESOLVES 


GENERAL  COURT  OF  MASSACHUSETTS, 

PASSED  .IT  THEIR  SESSION, 

VfmCH  COMJfENCED  ON  THE  3 1st  DAY  OF  MAY,  AND   ENDED   ON  THE 

15th  DAY  OF  JUNE,  A.  D.  1815. 

GOVERNOR'S  SPEECH. 

REPRESENTATH^S'  CHAlSrBER,  JTTN'E  sa,  1S15 

*lt  IS  o^clocTc,  the  Senators  attendedin  the  Representatives^ 
Chamber^  agreeably  to  assi^nmpvt  when  His  Excellency 
the  Governor  came  in,  accompanied  by  his  CoiinciL  the 
Secretary  of  the  Common  wealthy  and  other  officers  of  go- 
vernmentf  and  delivered  the  folio  icing 

SPEECH  : 

Gentlemen  of  the  Senate,  and 
Gentlemen  of  the  House  of  RepresentativeSf 

SINCE  the  com  men  cement  of  the  last  session  of  the 
Greneral  Court,  the  differences  Mhich  lately  subsisted  be- 
tween the  Government  of  the  United  States  and  Great  Bri- 
tain, have  been  adjusted  by  the  ratification  of  a  Treaty  of 
Peace.     Our  grateful  acknowledgements  are  therefore*  due 


16  GOVERNOR'S  SPEECH. 

to  tlie  Supreme  Being,  for  the  kind  interposition  of  bis  pro- 
vidence, in  thus  putting  an  end  to  the  miseries  of  war. 

Other  nations  have  also  been  rescued  from  the  same  ca- 
lamity. After  a  long  and  most  sanguinary  conflict,  in  which 
every  part  of  Europe  was  threatened  with  an  insupportable 
military  despotism,  the  civilized  world  at  the  close  of  our 
contest  with  Great  Britain,  was  again  restored  to  peace.— 
In  a  state  of  general  tranquillity,  which,  notwithstanding  the 
late  events  in  Europe,  we  hope  will  soon  be  re-established, 
each  nation  is  at  liberty  to  pursue  without  interruption,  the 
measures  most  condusivc  to  its  happiness  ;  and  we  may  be 
assured  that  tiie  people  among  whom  the  virtues  of  probity, 
industry  and  economy  mo^t  generally  prevail,  will  be  the 
most  successful.  I  hope  our  constituents  will  have  a  large 
share  of  the  benefits  which  .in  undissembled  and  permanent 
renewal  of  friendship  is  cajculated  to  bestow  ;  and  that  thei 
future  prosperity  of  the  people  of  these  States  will  not  be 
interrupied  by  an  unnecessary  interference  in  the  disputes 
and  couUicts  which  may  arise  in  other  nations. 

When  the  repeal  of  the  British  orders  in  council  was 
known  in  this  country,  it  was  tlje  professed  object  of  the  go- 
vernment, in  continuing  the  war,  to  compel  Great  Britain  to 
renonnce  the  claim  of  searching  for  her  seamen  and  taking 
them  from  our  merchant  vessels.  But  as  there  is  not  any  pro- 
vision to  that  effect  in  the  treaty  of  peace,  tliis  subject  of  the 
•war  is  relinquished,  and  we  have  no  pretence  again  to  com- 
mit  hostilities  for  the  same  cause.  Nor  is  it  probable  that 
England,  or  any  other  of  the  great  nations  of  Europe,  will 
ever  consent  to  abrogate  the  general  law  of  perpetual  alle- 
giance. Their  claims,  however,  on  this  point,  will  do  us 
no  important  injury,  if  our  government  takes  effectual  mea- 
sures to  exclude  foreigners  from  the  employment  of  navigat- 
ing our  ships,  and  in  this  way  affords  substantial  protection 
and  encouragement  to  our  native  seamen.  The  remedy  is 
therefore  in  our  own  power.  But  if  we  allure  foreign  seamen 
into  our  service,  or  continue  to  employ  them,  even  though  they 
may  have  conformed  to  our  rules  of  naturalization,  we  shall 
again  be  liable  to  the  inconveniences  from  impressment 
■wliich  we  have  heretofore  experienced,  especially,  when- 
ever a  war  takes  place  between  the  maritime  ])owers  of  Eu- 
rope. An  attempt,  after  the  ratification  of  the  late  treaty, 
to  negociate  for  the  establishmcut  of  the  principle,  that  the 
flag^ahall.  in  nil  cases  protect  the  crew^  would,  in  the  Ian- 


GOVERNOR'S  SPEECH.  i7 

guage  of  a  member  of  the  government,  be  an  act  of  folly  which 
would  expose  us  to  derision. 

We  do  not  complain  that  the  above  concessions  are  im- 
plied in  the  treaty  :  we  hope  that  in  all  respects  the  mea- 
sures of  our  government  will  be  just  and  conciliating  .  for 
in  this  way  only  can  we  reasonably  expect  peace  abroad, 
or  mutual  confidence  at  home.  To  the  great  body  of  the 
people,  it  is  a  matter  of  indifference  by  whom  the  government 
is  administered,  if  the  conduct  of  the  administration  is  cal- 
culated to  promote  justice  and  public  tranquillity. 

Although  the  declared  objects  of  the  war  have  not  been 
attained  by  the  treaty,  the  expressions  of  joy  at  the  restora- 
tion of  peace  were  universal,  even  before  the  conditions  of 
the  treaty  were  known.  Since  they  have  been  made  pub- 
lic, though  it  appears  that  some  of  the  advantages  we  here- 
tofore enjoyed  under  former  treaties  with  Great  Britain, 
have  not  been  renewed,  yet  the  people  of  this  State  seem  to 
acquiesce  in  the  terms ;  and  perhaps  they  submit  the  more 
readily,  as  a  great  proportion  of  them  have  had  no  expect- 
ation from  the  beginning  of  the  war,  that  the  result  would 
be  more  favorable.  Our  constitution  was  formed  to  pro- 
mote tlie  peace,  security  and  commerce  of  these  States,  but 
was  not  calculated  or  designed  to  extend  their  dominion,  or 
to  conquer  the  territories  of  other  nations.  Had  our  arms 
prevailed  in  Canada,  as  the  government  seemed  to  expect,  still 
Great  Britain  would  not  have  reliuquished  any  material  part 
of  her  rights  on  the  ocean  ;  while  on  tlie  other  hand,  the  en- 
largement of  our  territory  by  the  conquest  of  the  British  pro- 
vinces, would  have  been  the  source  of  a  ruinous  corruption, 
and  must  have  tended  to  render  the  union  less  permanent. 

In  the  course  of  the  war,  the  government  of  this  State  en- 
deavored  to  conform  its  measures  to  the  principles  of  the 
constitution,  and  faithfully  to  execute  the  duties  enjoined  by 
that  instrument.  Whatever  complaints  have  been  made  of 
the  construction  we  gave  it,  whether  relating  to  the  com- 
mand of  the  militia,  or  the  right  of  the  national  govern- 
ment, to  force  the  citizens  into  the  ranks  of  the  regular  ar- 
my, or  to  impair  the  authority  of  parents  and  guardians  ;  I 
think  the  experience  and  reflection  of  future  times  will  con- 
firm the  correctness  of  our  expositions  ;  and  I  presume,  that 
the  members  of  the  present  national  government  woulfl  have 
adopted  the  same  construction,  at  any  period  during  the  ad- 
ministration of  the  two  first  Presidents  ofthe  United  ^Stnios. 
3 


18  GOVERNOR  S  SPEECH. 

Severe  calamities  are  always  incident  to  a  state  of  war,  but 
that  state  is  still  more  to  be  deprecated  if  it  shall  be  under- 
stood to  furnish  the  government  with  an  excuse  for  adopting 
measures  subversive  both  of  civil  and  political  liberty. 

To  carry  into  effect  the  regulations  that  were  deemed  in- 
dispeu'jible  for  the  protection  of  the  State,  during  the  war, 
it  was  found  necessary  to  borrow  large  sums,  as  well  for  the 
purchase  of  ordnance,  arms  and  military  stores,  as  for  the 
support  and  pay  of  the  militia,  who  at  different  periods,  es- 
pecially in  the  last  year  of  the  war  were  called  out  for  the 
defence  of  the  towns  on  the  sea-coast.  A  number  of  arms 
■were  lent  for  the  use  of  the  inhabitants  of  those  towns,  part 
of  which,  agreeably  to  the  directions  of  the  Board  of  War, 
have  been  returned  into  the  public  arsenal.  The  report  of 
the  Quarter-Master-General  will  inform  what  towns  have 
failed  in  returning  the  arms  and  other  articles  for  defence 
which  had  been  delivered  to  them  ;  and  his  letter  which  ac- 
companies the  report  will  suggest  for  your  consideration  the 
expediency  of  building  an  additional  firc-proof  Arsenal  and 
Laboratory  for  the  use  of  the  State,  to  protect  its  property 
in  the  care  of  his  department. 

Of  the  debt  incurred  by  this  Commonwealth  in  the  war  of 
the  revolution,  about  five  hundred  and  fifty  thousand  dollars 
still  remain  due  to  individual  creditors  ;  the  amount  of  this 
debt  will  be  considerably  increased  by  our  expences  in  the 
lato  war,  exclusive  of  that  part  for  which  we  have  a  just 
claim  to  be  reimbursed  by  the  national  government.  This 
subject  will  require  the  attention  of  the  Legislature,  that  ef- 
fectual provision  may  be  made  for  the  payment  of  the  inter- 
est punctually,  and  the  gradual  discharge  of  the  principal  as 
soon  as  the  circumstances  of  the  State  will  permit.  To  ef- 
fect these  objects  a  prudent  management  of  the  public  re- 
venue is  indispensible :  this  will  go  far  to  supply  the  wants 
of  the  State  and  prevent  the  people  from  being  burdened 
with  additional  taxes,  wl  ich  profusion  or  negligence  would 
render  necessary,  and  which  would  tend  to  alienate  their  af- 
fections from  the  government. 

By  a  resolve  of  the  12th  of  February,  1814,  the  Govern- 
or was  authorised  to  accept  the  services  of  any  military 
corps,  or  of  individuals,  as  volunteers,  and  cause  the  same 
to  be  organized,  to  be  held  in  readiness  for  tlie  defence  and 
safety  of  the  Commonwealth  :  several  companies  were  raised 
and  organized  accordingly,  and  in  some  instances,  arms  and 


GOVERNOR'S  SPEECH.  19 

munitions  of  war  were  delivered  to  them,  which  still  remaia 
in  their  possession.  But  as  the  term  for  which  those  com- 
panies were  raised,  was  not  expressly  limited  by  the  resolve^ 
doubts  have  arisen,  whether  they  ceased  to  exist  at  the  end 
of  the  war,  or  were  permanently  established  as  a  part  of  the 
militia  of  the  State.  To  remove  these  doubts,  a  resolution 
of  the  Le2;islature  may  be  necessary. 

The  Secretary  will  lay  before  you,  the  report  of  the  Com- 
missioners appointed  to  proceed  to  the  seat  of  the  national 
government,  for  the  purposes  expressed  in  a  resolve  of  the 
General  Court  of  the  27th  day  of  January  last.  He  will 
also  deliver  to  you  a  number  of  letters  which  have  been  di- 
rected  to  me  with  the  expectation  that  they  would  be  trans- 
mitted to  the  Legislature. 

You  may  depend.  Gentlemen,  on  my  ready  concurrence  in 
whatever  will  contribute  to  the  prosperity  of  the  State  ;  and 
I  have  no  doubt,  that  by  your  influence  and  example,  you 
will  endeavor  to  promote  good  order,  and  the  due  execution 
of  the  laws,  which  are  essentially  necessary  to  the  happi- 
ness of  the  people, 

CALEB  STROxNG. 

Council  Chamber,  June  3;  1815, 


ANSWER 


OF  THE 

HOUSE  OF  REPRESENTATIVES. 


May  it  pleasp-  your  Excellency, 

THE  House  of  Representatives  have  considered  with 
respect  and  attention,  your  Excellency's  communication  of 
the  od  instant  ;  and  they  beg  leave  to  express  to  your  Ex- 
cellency the  gratification  they  feel,  in  having  again  the  op- 
portunity of  addressing  you,  as  the  Chief  Magistrate  of  this 
Commonw^ealth. 

We  unite  with  your  Excellency,  in  considering  the  termi- 
nation of  the  Avar  between  this  country  and  Great  Britain, 
by  a  treaty  ratified  since  the  commencement  of  the  last  ses- 
sion of  the  General  Court,  as  a  subject  of  joyful  congratula- 
tion to  the  people  of  this  Commonwealth  ;  and  that  our 
grateful  acknowledgements  are  justly  due  to  that  Being, 
'*  who  is  the  Author  of  Peace  and  Lover  of  Concord,"  by 
whose  "  kind  interposition"  we  have  been  snatched  from 
those  numberless  evils,  which,  for  a  while,  threatened  to 
overwhelm  us 

The  mild  reign  of  peace,  so  recently  established  in  Eu- 
rope, and  which  a  few  months  since,  promised  a  long  repose 
to  the  exhausted  nations,  seems  menaced  with  sudden  inter- 
ruption ;  and  the  pleasing  expectations  of  the  christian  and 
philanthropist,  are,  we  fear,  destined  to  disappointment. 
Whatever  may  be  the  fate  of  Europe,  we  may  reasonably 
hope,  that  the  peace  of  our  country  will  not  be  hazarded,  by 
an  unnecessary  interference  in  the  disputes  which  agitate  oth- 
er nations.  In  ordinary  wars,  neutrals  are  a  convenience  to 
belligerents  ;  and,  in  the  extraordinary  conflicts,  which  have 
so  lon^  made  mutual  destruction  the  order  of  the  day  in  Eu- 
rope, it  is  seldom  that  any  of  the  contending  powers  seem 
to  have  been  interested,  or  inclined  to  involve  the  United 
States  in  hostilities.  We  should,  therefore,  presume,  that 
our  country  is  iu  little  danger  of  being  forced  into  war  ;  and 


ANSWER  OF  THE  HOUSE.  SI 

that  our  national  rulers,  after  the  experience  tliey  have  had 
of  the  difficulties,  sacrifices  and  expenses  attending  war  ope- 
ratio'is,  will  not  a^ain  volunteer  in  the  unprofitable  contest. 
The  task  of  repairing  its  past  ravages  upon  the  public  and 
private  resources  of  the  country,  will  be  sufficiently  sad  and 
arduous 

We  agree  in  the  opinion,  that  as  the  war  has  been  con- 
cluded, without  any  stipulation  relative  to  the  impressment 
of  seamen,  it  is  to  be  presumed,  that  the  future  exercise  of 
the  right  claimed  by  Great  Britain  on  that  subject,  will  no 
longer  be  considered  as  cause  of  war  :  and  that  by  the  ex- 
clusion of  foregn  seamen  from  our  service,  it  is  in  our  pow- 
er to  prevent  all  future  dispute,  or  inconvenience,  arising 
from  that  source,  It  is  easy  to  do  justice  ourselves,  and  to 
conciliate  it  from  others  ;  but  if  the  last  resort  becomes  ne- 
cessary, it  is  wise  to  put  our  antagonist  decidedly  in  the 
wrong.  Such  a  course  will  produce  mutual  confidence  and 
strength,  at  home,  and  diminish  the  chance  of  contention 
abroad. 

Although  the  avowed  objects  of  the  war  have  not  been  at- 
tained by  the  treaty,  there  was  yet  ample  reason  for  the 
general  joy  that  pervaded  the  country  on  the  restoration  of 
peace.  The  credit  of  the  nation,  and  its  means  of  prosecu- 
ting the  war  were  at  an  end — the  sufferings  of  individuals 
flowing  from  the  failure  of  public  credit,  and  the  suspension 
of  business — the  universal  feeling  that, the  salvation  of  the 
country  depended  on  peace,  rendered  all  question  as  to  the 
actual  provisions  of  the  treaty  trivial  and  insignificant.  This 
state  of  the  public  feeling  was,  in  itself,  the  most  profound 
reproach  to  the  authors  of  a  v.ar,  whose  evils  were  so  whol- 
ly disproportionate  to  the  avowed  causes,  that  the  latter 
were  entirely  forgotten  in  the  pressure  of  the  former.  In 
another  view  the  people  had  great  reason  to  congratulate 
themselves  on  the  conclusion  of  peace.  War,  under  a  free 
form  of  government,  endangers  civil  liberty,  while  it  dis- 
turbs or  destroys  individual  prosperity  and  happiness.  An 
unusual  portion  of  power  is  then  necessarily  entrusted  to  ex- 
ecutive and  military  officers — the  violation  or  overthrow  of 
the  land  marks  of  civil  right  are  unnoticed  or  submitted  to 
in  the  pressure  of  more  interesting  events — illicit  trade,  or 
legalized  plunder  take  place  of  lawful  commerce  ;  and  thn 
passions  of  men,  roused  and  heated  in  the  rival  work  of  de 
struction,  offer  the  most  favorable  moment  to  those  who  eu- 


SS  ANSWER  OF  THE  HOUSE. 

tertain  designs  hostile  to  popular  freedom.  Tbe  peace  of 
no  nation  ought  to  be  put  in  jeopardy  upon  questions  of  a 
doubtful  nature — but  under  a  popular  and  paternal  govern- 
ment, which  is  presumed  to  be  uninfluenced  by  ambitious 
policy,  the  evils  of  war  should  be  encountered  only  upon 
the  most  obvious  and  unquestionable  grounds  of  necessity. 
1'he  strength  and  resources  of  the  country  will  then  act  with 
union  and  eifect,  and  its  reverses  will  be  borue  with  manlv 
and  uncomplaining  fortitude. 

Although  we  have  gained  by  the  treaty  little  beside 
peace,  yet  we  are  informed  by  high  authority,  that  the  war 
was  glorious  and  the  peace  honorable !  By  what  course  of 
reasoning  that  position  can  be  maintained,  we  are  at  a  lo&s 
to  comprehend.  Such  a  declaration  may  satisfy  some  men, 
but  can  aiford  no  triumph  to  those,  who  believe  that  a  very 
little  more  of  such  glory  and  such  honor  must  have  undone 
the  country.  It  is  indeed  true,  that  our  armies  have  gath- 
ered laurels,  and  our  naval  warriors,  by  a  series  of  splendid 
achievements,  have  raised  a  monument  of  glory  to  them- 
selves, while  they  liave  established  by  unquestionable 
proofs,  the  justness  of  that  early  policy  of  the  fedei*al  go- 
vernment,  which  proposed  to  coniide  to  a  navy  the  protec- 
tion of  commerce  and  the  defence  of  her  maritime  rights. 
For  these  achievements,  and  the  advantageous  light  in 
which  they  exhibit  to  the  world,  the  American  uaval  and 
military  character,  we  are  indebted  to  a  few  individuals  of 
merit,  and  not  to  an  administration,  Avhose  mistakes  and 
improvidence,  have  been  but  ill  concealed,  even  behind  the 
l»rilliant  actions  of  the  ocean,  the  lakes,  and  the  Mississippi, 
in  our  estimation,  a  war,  to  be  glorious,  must  be  founded  in 
justice,  and  conducted  with  prudence*  ability,  and  success  ; 
and  a  peace,  to  be  honorable,  must  have  secured,  by  legiti- 
mate means,  the  objects  of  the  war. 

We  presume  it  will  not  be  denied,  that,  in  the  measm'es 
taken  by  the  government  of  this  Commonwealth,  during  the 
late  war,  it  was  intended  faithfully  to  execute  the  duties 
enjoined  by  the  constitution,  and  to  be  governed  by  its  prin- 
ciples, according  to  a  sound  construction  thereof.  The 
course  adopted  has  been  attended  by  the  most  favorable 
results,  and  by  the  saving  of  great  and  useless  expenses  to 
the  nation.  It  has  also  received  the  decided  approbation 
of  the  people,  as  expressed  in  their  elections ;  and  we  may 
cheerfully  leave  to  the  more  impartial  judgment  of  future 


ANSWER  OF  THE  HOUSE.  S3 

limes  to  decide,  whether  the  exposition  of  the  principles  of 
the  constitution  given  by  your  Excellency,  and  sanctioned 
by  the  other  departments  of  this  government,  is  not  the  most 
consistent  with  the  purposes  of  that  instrument,  as  well  as 
the  most  favorable  to  civil  liberty.  If  the  necessities  pro- 
duced by  a  state  of  war  seem  at  any  time  to  urge  a  depart- 
ure from  fixed  piinciples,  a  degree  of  firmness  and  inde- 
pendence, that  shall  be  unmoved  by  the  suggestions  of  fear, 
or  doubt,  must  be  opposed  at  the  threshold  by  those  whose 
duty  it  becomes. 

Tlie  other  subjects  mentioned  in  your  Excellency's  com- 
munication, on  which  the  house  may  be  called  upon  to  act, 
shall  receive  that  attention,  which  their  importance  may  re- 
spectively  demand — and,  in  the  exercise  of  their  constitu- 
tional duties,  they  will  cordially  cooperate  with  the  other 
branches  of  the  government  in  contributing  all  in  their 
power  to  the  promotion  of  law^  order,  and  the  happiness  of 
the  people. 


ANSWER  OF  THE  SENATE. 


■afiaioiassi 


J)lay  it  please  your  Excellency f 

THE  terraination  of  tli€  late  unhappy  eontest  between 
the  government  of  the  United  States  and  Great  Britain, 
affords  to  the  Senate  of  this  Commonwealth,  the  most  un-. 
feigned  joy,  and  demands  the  most  humble  and  hearty 
thanks  of  the  people  to  the  Almighty  Disposer  of  events, 
by  whose  permission  an  end  has  been  put  to  the  miseries  of 
war.  And  we  congratulate  your  Excellency  upon  the 
present  auspicious  circumstances  of  our  country,  which  are 
adapted  to  lighten  the  cares  of  government,  and  to  give  ad- 
ditional value  to  the  recent  pledge  of  confidence  in  your 
Excellency  which  has  been  renewed  by  the  people  of  this 
Commonwealth. 

It  would  be  a  most  pleasing  and  consolatory  prospect  if 
the  state  of  the  nations  of  Europe  authorized  the  expecta- 
tion, that  this  interesting  quarter  of  the  globe  was  now  de- 
stined permanently  to  reap  the  fruits  of  peace  from  which  it 
lias  been  so  long  estranged,  and  to  repair  the  desolation  of 
Avar  by  an  amicable  competition  with  each  other  and  with 
our  country  in  tlie  pursuits  of  probity,  industry  and  economy. 
J3ut  whatever  may  be  the  issue  of  the  astonishing  events 
Vhich  agitate  the  old  world  and  confound  human  foresight, 
we  unite  with  your  Excellency  in  the  sincere  and  anxious 
hope  that  the  future  prosperity  of  the  people  of  these  states 
may  not  be  interrupted  by  a  needless  interference  in  the  dis- 
putes and  conflicts  of  other  nations. 

We  should  have  derived  great  Sti-tisfaction  from  perceiv- 
ing in  the  late  treaty  of  peace,  express  stipulations,  rela. 
tive  to  tlie  avowed  objects  of  the  war,  which  might  have 
been  calculated  forever  to  put  at  rest  the  controversies  which 
led  to  that  calamity.  But  we  complain  not  of  t*lie  national 
administration,  for  the  omission  of  such  stipulations.  W^ 
presume  they  were  unattainable,  and  we  readily  express  our 
conviction,  that  in  acceding  to  the  terms  of  the  treaty,  go- 


ANSWER  OF  THE  SENATE.  25 

vernment  consulted  the  best  interests  of  the  nation.  We  ar 
dently  hope  that  the  good  fortune  which  has  enabled  them 
to  extricate  the  country  and  themselves  from  distress  and 
embarrassment,  will  be  accompanied  by  a  sincere  desire  of 
a  firm  and  protracted  peace,  and  not  by  unfounded  preten- 
sions, which,  by  entangling  our  nation,  in  the  broils  of  for- 
eign powers,  may  expose  its  vital  interests  to  needless 
danger. 

We  agree  with  your  Excellency  in  the  sentiment,  *^  that 
to  the  great  body  of  the  people,  it  is  a  matter  of  indifference 
by  whom  the  government  is  administered,  if  the  conduct  of 
the  administration  is  calculated  to  promote  justice  and  pub- 
lic tranquillity.''  And  if  the  policy  of  our  present  rulers, 
shall  be  adapted  to  retrieve  the  national  prosperity,  to  esta- 
blish public  credit,  to  promote  justice ,  provide  for  the  com- 
mon defence,  and  prolong  the  blessings  of  peace,  it  will  be 
the  duty  of  every  citizen,  discarding  all  local  and  personal 
partialities,  to  cooperate  each  in  his  own  sphere,  in  efforts 
for  the  attainment  of  these  important  objects. 

The  universiil  joy  which  the  return  of  peace  has  infused 
into  the  public  mind,  is  already  justified  by  events  at  home 
and  abroad.  In  our  own  beloved  country,  an  enlivening 
impulse  is  already  given  to  commerce  and  the  peaceful  arts. 
Industry  is  again  occupied  in  all  her  branches,  and  the 
brow  of  care  is  smoothed  by  the  sensation  of  prosperity. 
Public  credit  already  revives,  and  may,  by  judicious  fiscal 
arrangements,  founded  on  unequivocal  punctuality  and 
good  faith,  be  fully  restored,  and  the  rapid  transition  of 
the  people  from  the  depression  which  follows  the  want  of 
occupation,  to  tlie  animation  which  is  inspired  by  the 
pursuit  and  expectation  of  competency,  demonstrates  that 
peace  is  the  natural  and  favorite  condition  of  the  American 
citizen. 

In  the  systems  of  some  statesmen,  it  is  an  a,xiom,  that 
occasional  wars. are  indispensable  to  develope  the  power, 
organize  the  resources,  preserve  the  military  habits,  and 
rouse  the  dormant  energies  of  a  peaceful  community.  If, 
among  our  men  of  influence,  there  should  be  any  who 
cherish  this  theory,  we  trust  that  the  glory  acquired  by  our 
navy  and  army,  the  capacity  and  determination,  manifepted 
by  this  people,  to  defend  their  soil,  and  the  faciiily  with 
which  the  citizen  was  transf«)rmed  into  the  soldier  wjien  tlm 
occasion  required,  will  reconcile  them  to  the  conclusion,  that 
4 


36  ANSWER  OF  THE  fejENATE. 

the  presenfc  age,  at  least,  will  be  in  no  danger  of  degenera- 
cy through  want  of  the  renewed  excitement  of  open  war. 

That  in  a  confederacy  newly  organized,  upon  the  first  ex- 
periment of  a  trying  and  unexpected  emergency,  the  minds 
of  men  should  be  agitated  by  colUsionss  of  opinion  relative 
to  the  reciprocal  duties  of  the  national  and  state  governments, 
ought  not  to  be  a  matter  of  surprize.  When  the  ferment 
arising  in  such  a  state  of  affairs  shall  have  subsided,  the 
wise  and  good  of  all  parties,  who  feel  an  interest  in  the  un- 
ion and  welfare  of  their  country,  will  calmly  review  the 
ground  and  principles  of  their  creed,  and  finally  adhere  to 
such  expositions  of  the  constitution  as  are  warranted  by  its 
true  meaning  and  design. 

The  considerations  respecting  the  state  of  the  finances  of 
the  Commonwealth,  the  debt  incurred  by  the  late  war,  the 
remarks  relative  to  the  militia,  and  other  important  topics 
suggested  by  your  Excellency,  shall  receive  our  diligeat  at- 
tention and  deliberate  efforts  to  improve  them  to  the  best  ad- 
vantage of  our  constituents. 


RESOLVES* 

s  June,  1815. 

CHAP.  I. 

Resolve  estahlishing  the  pay  of  the  Memlers  of 
Court,     3d  June,  1815, 

Mesolvedf  That  there  be  allowed  and  paid  out  of  the  Trea- 
sury of  this  Commonwealth,  to  each  Member  of  the  Coun- 
cil, Senate  and  House  of  Representatives,  two  dollars  per 
day,  for  each  and  every  day's  attendance  the  present  politi- 
cal year,  and  the  like  sum  of  two  dollars  for  every  ten  miles 
travel  from  their  respective  places  of  abode  to  the  place  of 
the  sitting  of  the  General  Court,  at  each  session  of  the  same. 

And  be  it  further  resolved,  That  there  be  paid  to  the  Pre- 
sident of  the  Senate  and  to  the  Speaker  of  the  House  of  Re- 
presentatives each,  two  dollars  per  day  for  each  and  every 
day's  attendance,  over  and  above  their  pay  as  Members. 

CHAP.  II. 

Resolve  providing  for  an  additional  JSTotary  Public  in  the 
county  of  Bristol.     Sd  June,  1815. 

Resolved^  That  one  additional  Notary  Public  be  appoint- 
ed for  the  county  of  J5ristol,  to  reside  in  the  town  of 
Seekonk. 


28    NOTARIES  PUBLIC— CARMEL.    Jme5,i8i5. 


CHAP.  III. 

Mesolve  providing  for  an  additional  JVofary  Public  in  the 
county  of  Ussex.     Sd  June,  1815. 

lie  solved  f  That  one  additional  Notary  Public  be  appointed 
for  the  county  of  Essex,  to  reside  in  the  town  of  Mevvbury. 


CHAP.  IV. 

Mesolve  providing  for  aii  additional  JSTotary  Public  in  Bos- 
tony  in  the  county  of  Suffolk.     2d  June,  1815. 

Jiesolved,  That  one  additional  Notary  Public  be  appoint- 
ed for  the  county  of  Suffolk. 


CHAP.  V. 

Resolve  providing  for  an  additional  JSTotary  Public  in  the 
county  of  Cumberland.     5th  June,  1815. 

Resolved,  That  an  additional  Notary  Public  be  appoint- 
ed for  the  county  of  Cumberland,  to  reside  in  Portland. 


CHAP.  YI. 

Mesolve  on  the  petition  of  the  Selectmen  of  town  ofCarmeL 
5th  June,  1815. 

On  the  petition  of  the  Selectmen  of  the  town  of  Carmel, 
stating,  that  a  portion  of  the  laws  and  resolves  of  the  Gen- 
eral Court  which  had  been  committed  to  the  care  of  Charles 
Hammond,  Esq.  for  said  town,  were  accidentally  destroyed 
by  lire  before  they  arrived  at  the  said  town  of  Carmel,  and 
praying  that  they  may  be  furnished  by  the  Commonwealth 
with  such  sets  of  the  laws,  resolves  and  reports  as  were  thus 
destroyed,  and  it  further  appearinj^by  the  report  of  the  Se- 
cretary of  the  Commonwealth,  that  there  are  now  in  the  Se.- 


FRANKLIN— MARBLEHEAD.—Ju?ie  6, 181 5.    29 

cretary's  office,  a  number  of  each  and  all  the  laws  of  the 
Commonwealth,  so  that  it  is  practicable  to  furnish  the  town 
of  Carmel  with  such  as  they  have  lost  : 

Resolved,  That  the  prayer  of  the  said  petition  be  granted  ; 
and  that  the  Secretary  of  tlie  Commonwealth  be  directed  to 
deliver  to  the  Selectmen  of  Carmel,  for  the  use  of  said  town, 
auch  portion  of  the  laws,  resolves  and  reports  of  the  Com- 
monwealth, numbered  in  said  petition,  as  were  destroyed  as 
aforesaid. 


CHAP.  VII. 

Uesolve  granting  a  tax  to  the  county  of  FranMin, 
6th  June,  1815. 

"Whereas  the  Clerk  of  the  Circuit  Court  of  Common  Pleas, 
for  the  county  of  Franklin,  has  exhibited  an  esdmate,  made 
by  the  said  Court,  of  tlie  sum  necessary  to  be  raised  the 
current  year,  for  the  purpose  of  completing  the  public  build- 
ings, and  for  discharging  the  other  expenses  of  said  county  : 

Resolved,  That  the  sum  of  fifteen  hundred  dollars  be, 
and  the  same  hereby  is  granted  as  a  tax  on  said  county  of 
Franklin  the  piresent  year,  to  be  apportioned,  assessed,  paid, 
fioUected,  and  applied  for  the  purposes  aforesaid,  accord- 
ing to  law. 


CHAP.  VIII. 

Resolve  on  the  petition  of  the  Selectmen  of  Marhlehead. 
7th  June,  1815. 

The  Committee  of  both  Houses,  to  whom  was  referred 
the  petition  of  the  Selectmen  of  Marblehead,  praying  that 
the  collection  of  a  warrant  of  distress  in  favor  of  the  Com- 
monwealth against  said  town  may  be  delayed,  ask  leave  to 
report  the  following  resolution. 

W.  P.  WALKER,  jper  order. 

Resolved,  For  reasons  set  forth  in  said  petition,  that  the 
Treasurer  of  the  Commonwealth  be,  and  he  hereby  is  direct- 


30     GOV'S  MESS— 1).  RIXFOBJ)— June  7,  1815. 

ed  to  delay  the  collection  of  a  warrant  of  distress,  issued  by 
him  against  the  inhabitants  of  the  town  of  Marblehead,  for 
the  State  tax  assessed  upon  said  town  for  the  year  eighteen 
hundred  and  thirteen,  until  the  first  day  of  January  next. 


CHAP.  IX. 

Governor's  Message.     7th  June,  1815. 

Gentlemen  of  the  Senate,  and 
Gentlemen  of  the  House  of  Representatives , 

The  Secretary  will  lay  before  you  a  letter  addressed  to 
me  by  the  President  of  the  Board  of  War,  inclosing  abstracts 
of  all  the  payments  made  by  that  Board  to  the  last  of  May, 
1815. 

He  will  also  deliver  you  a  letter,  which  I  have  receiv- 
ed from  the  Directors  of  the  State  Prison,  representing,  that 
the  Proprietors  of  Prison  Point  Dam  Corporation  have  lo- 
cated a  bridge  from  Canal  bridge  to  the  prison-wharf,  in  a 
manner,  which,  if  completed,  may  essentially  affect  the 
property  of  the  Commonwealth,  and  seriously  interfere  with 
the  future  safekeeping  of  the  convicts,  and  suggesting  that 
the  interference  of  the  Legislature  in  the  premises  may  be 
necessary. 

The  Honorable  Joseph  Whiton  has  resigned  his  office  of 
Major-General  of  the  ninth  Division  of  the  Militia  of  this 
State,  and  in  compliance  with  his  request  has  been  dis- 
charged. 


CHAP.  X. 

HesoUe  granting  David  Rixford  SIOO.      9th  June,  1810. 

Upon  the  petition  of  David  Rixford,  praying  for  compen- 
sation for  his  trouble  and  expenses  in  detecting  and  prose- 
cuting David  Russell  and  Moses  Atwood  to  conviction  from 
crimes  relating  to  counterfeiting  bank  bills  : 

Resolved,  For  reasons  set  forth  in  the  said  David  Rix- 
ford's  petition,  that  there  be  allowed  and  paid  out  of  the  Trea- 


LYNNFIELD— S.  SMEAB.— Jawe  9,  1815.      81 

sury  of  this  Commonwealth,  to  said  David  Rixford,  the  sum 
of  one  hundred  dollars,  as  a  compensation  or  reward,  for  his 
services,  in  detecting  and  bringing  to  conviction  David  Rus- 
sell and  Moses  Atwood,  in  whose  possession  sundry  plates 
and  a  large  quantity  of  paper,  for  the  making  of  counterfeit 
bank  bills,  were  found  by  said  Rixford  ;  and  that  his  Ex- 
cellency the  Governor  be  requested  to  draw  his  warrant  on 
the  Treasurer  for  said  sum  accordingly. 


CHAP.  XL 

Resolve,  in  part  relievin^^  the  hum  of  Lynn  field  of  the  sum 

charged  to  them  for  Representatives^  pay. 

9th' June,  1815. 

On  the  petition  of  the  Assessors  of  the  town  of  Lynnfield, 
in  the  county  of  Essex,  praying  to  be  relieved  from  a  tax 
for  the  pay  of  Representatives  : 

Resolved,  For  the  reasons  set  forth  in  said  petition,  that 
there  be  allowed  and  paid  out  of  the  Treasury  of  this  Com- 
monwealth to  the'inhabitants,of  Lynnfield,  the  sum  of  sixty- 
nine  dollars  and  eighteen  cents. 


CHAP.  XIL 

Resolve  remitting  cost  on  the  petition  of  Honorable  Solomon 
Smead.     lOth  June^,  1815. 

On  the  petition  of  the  Honorable  Solomon  Smead,  of 
Greenfield,  praying  for  the  discharge  of  an  execution  issued 
against  him,  for  costs,  in  favor  of  the  Commonwealth,  in 
consequence  of  a  resolve  of  the  Legislature,  ordering  the 
Solicitor- General  of  this  Commonwealth  to  commence  an 
action  against  him  ;  that  he  might  be  discharged  from  the 
office  of  Judge  of  Probate  for  the  county  of  Franklin  : 

Resolved,  For  reasons  assigned  in  said  petition,  that  the 
prayer  thereof  be  granted  ;  and  said  costs  are  accordingly 
hereby  remitted. 


SS    ART  OF  WRITING— S.  COURT— /wwe  10, 181t7. 


CHAP.  XIII. 

Resolve  j)roviding  for  the  distribution  of  JenJdnS^  Art  of 
Writing,     lOth  Juue,  1815. 

Hesolved,  That  the  Secretary  of  the  Commonwealth  1)e, 
and  he  hereby  is  authorized  and  directed  to  deliver,  of  tlie 
copies  of  Jenkins'  Art  of  Writing,  the  property  of  said  Com- 
monwealth,  and  now  lodged  in  his  said  Secretary's  office, 
one  copy  thereof  to  his  Excellency  the  Grovernor,  and  one 
copy  to  his  Honor  the  liieutenant  Governor,  and  a  copy  to 
each  Member  of  the  Council,  Senate  and  House  of  Repre- 
sentatives, and  also  one  other  copy  to  and  for  each  town, 
district  and  plantation  in  this  Commonwealth,  and  likewise 
one  copy  to  each  of  the  Reverend  Chaplains  of  the  General 
Court. 


CHAP.  XIV. 

Resolve  authorizing  one  Justice  to  hold  the  next  Supreme 
Judicial  Court  at  Barnstable,     10th  June,  1815. 

Whereas  it  is  inconvenient  for  three  or  more  of  the  Jus- 
tices of  the  Supreme  Judicial  Court  to  attend  the  next  term 
of  said  Court,  to  be  holden  at  Barnstable,  for  the  counties  of 
Barnstable  and  Dukes'  County,  and  as  it  is  probable  little 
or  no  business  will  come  before  said  Court,  at  said  term, 
which  will  require  more  than  one  of  said  Justices  ; 

Therefore  resolved^  That  the  said  term  of  said  Court  may 
be  holden  by  any  one  of  the  Justices  of  said  Court ;  and  if 
there  should  any  business  come  before  the  said  Court  to  be 
acted  upon  at  said  term,  which  shall  require  more  than  one 
Justice  tohear,  try  or  determine,  all  such  business  may  be 
heard,  tried  and  determined  by  the  said  Court,  at  their  next 
law  term,  to  be  holden  within  and  for  the  counties  of  Ply- 
mouth and  Bristol,  unless  the  parties  thereto  shall  agree  to 
have  it  stand  continued  to  the  next  term  of  said  Court,  to  be 
holden  at  Barnstable  for  the  said  counties  of  Barnstable  and 
Dukes'  county. 


M.  BASSETT— T.  CARD.— Juwc  10^  1815i     33 


CHAP.  XV. 

Mesolve  granting  ^•iSfor  the  use  of  Mary  Bassett, 
10th  June,  1815. 

Ou  tlie  petition  of  the  Honorable  Joseph  Whiton,  agent 
for  Mary  Bassett,  of  the  town  of  Lee,  praying  for  an  al- 
lowance, in  consequence  of  her  son  Jonathan  Walley,  who 
fell,  fractured  his  scull,  and  died,  wliile  doing  duty  in  the 
detached  militia,  in  the  month  of  September  last  ; 

Resolved^  For  reasons  set  forth  in  said  petition,  that 
there  be  allowed,  and  paid  oUt  of  the  Treasury  of  this 
Commonwealth,  unto  Greneral  Joseph  Whiton,  agent  for 
the  said  Mary  Bassett,  and  for  her  use,  the  sum  of  forty- 
eight  dollars,  in  full  for  all  the  considerations  contained  in 
said  petition. 


CHAP.  XVI. 

Mesolve  on  the  petition  of  Thurston  Card,  granting  him  a 
pension.      10th  June,  1815. 

On  the  petition  of  Thurston  Card,  of  Woolwich,  praying 
further  compensation  for  cost  and  damages,  incurred  in 
consequence  of  his  having  been  wounded  by  a  musket  ball, 
while  doing  duty  in  the  detached  militia,  when  stationed  at 
Coxe's  head,  in  tiie  month  of  September  last ; 

Resolved,  For  reasons  set  forth  in  said  petition,  that 
there  be  further  allowed,  and  paid  out  of  the  Treasury  of 
this  Commonwealth,  unto  the  said  Thurston  Card,  a  pension 
©f  sixty  dollars  per  annum,  for  three  years,  from  the  first 
day  of  October  last ;  Provided,  tJie  said  Card  should  live 
so  long,  in  semi-annual  payments. 


M  s.  Currier— SEVEY— RICE.— Jiiwe  lo,  ms. 


CHAP.  XVII. 

Mesolve  granting  Samuel  Currier^  thirtpen  dollars  and 

twenty-five  cents,  fdr  expense  of  sickness, 

10th  June,  1815. 

On  the  petition  of  Samuel  Currier,  of  Belchertown,  pray- 
iug  indemnification  for  expenses  incurred  in  consequence 
of  his  having  been  taken  sick,  while  doing  duty  in  the  de- 
tached militia,  the  last  fall,  at  Commercial  Point ; 

Resolved,  For  reason  set  forth  in  said  petition,  that  there 
be  allowed  and  paid  out  of  the  Treasury  of  this  Common- 
wealth, to  the  said  Samuel  Currier,  the  sum  of  thirteen  dol- 
lars and  twenty-five  cents,  in  full  for  all  the  considerations 
mentioned  in  said  petitiou. 


CHAP.  XVIII. 

Resolve  granting  David  Sevey  ^i25,for  expenses  incurred 

in  losing  his  right  hand,  and  a  pension. 

10th  June,  1815. 

On  the  petition  of  David  Sevey,  of  Machias,  praying  in- 
demnification  for  expenses  and  damages  incurred  in  conse- 
quence of  losing  his  right  hand,  while  doing  military  duty  on 
the  first  Monday  of  May,  1814. 

Resolved,  for  reasons  set  forth  in  said  petition,  that  there 
be  allowed  and  paid  out  of  the  Treasury  of  this  Common- 
wealth, unto  the  said  David  Sevey,  the  sum  of  one  hundred 
and  twenty-five  dollars,  in  full"  for  his  expenses,  and  a  fur- 
ther sum  of  fifty  dollars,  annually,  as  a  pension  for  four 
years,  to  commence  on  the  third  day  of  May,  A.  D.  1814. 

CHAP.  XIX. 

Resolve  on  the  jietition  of  Elizabeth  Rice,  authorizing  th^ 
Administrator  on  the  estate  of  Phineas  Rice,  to  execute 
a  deed.      10th  June,  1815. 

0^  thB  petition  of  Elizabeth  Rice>  of  JBarre,  in  the  coun- 


B.  RUSSELL,  PR.  TO  STATE.^-Jzme  10,  1815.    35 

ty  of  Worcester,  setting  forth,  that  on  the  fourth  day  of 
July,  A.  D.  179J,  she  purchased  of  one  Phineas  Rice,  then, 
in  full  health,  but  since  deceased,  one  undivided  third  part 
of  about  thirty-two  acres  of  land,  situated  in  said  Barre, 
bounded  north  on  a  town  road  ;  westerly  on  land  of  David 
Allen  and  Barnabas  Atwood ;  south  on  land  of  said  Eliza- 
beth, arid  easterly  on  land  of  Samuel  Rice  and  others  ;  that 
the  purchase  money  for  said  land  was  duly  paid  to  said 
Phineas  ;  that  the  said  Elizabeth  thereafter,  m  the  lifetime 
of  the  said  Phineas,  entered  into  possession  of  the  premises, 
and  has  ever  since  quietly  remained  in  the  occupation  there- 
of ;  that  through  the  negligence  of  the  parties,  the  legal 
conveyance  of  the  premises,  in  fulfillment  -  of  the  contract 
aforesaid,  was  never  made  to  the  said  Elizabeth  by  the  said 
Phiuehas,  and  thereupon  praying  for  her  remedy  in  the  pre- 
mises : 

Resolved,  For  the  reasons  aforesaid,  that  Samuel  Rice, 
Administrator  on  the  estate  of  the  said  Phineas,  be,  and  ha 
hereby  is  authorized  and  empowered  to  convey  by  deed  to 
the  said  Elizabeth,  the  premises  so  purchased  as  aforesaid  ; 
and  such  deed  so  made  by  the  said  Samuel  to  the  said  Eli- 
zabeth, in  his  said  capacity,  shall  pass  the  said  estate,  and 
have  the  same  effect  in  law  as  if  the  same  had  been  made 
by  the  said  Phineas  in  his  life  time,  in  pursuance  of  the 
contract  by  him  made  as  aforesaid. 


CHAP.  XX. 

Resolve  apjwintin^^  Benjamin  Russell,  Esq.  Printer  to  the 
State,     10th  June,  1815. 

On  the  petition  of  Benjamin  Russell,  of  Boston,  in  the 
county  of  Suffolk,  praying  to  be  appointed  and  employed  as 
Printer  to  tlie  General  Court  the  ensuing  year  : 

Resolved,  That  the  said  Benjamin  Russell,  for  reasons 
set  forth  in  his  said  petition,  be,  and  he  hereby  is  appoint- 
ed the  Printer  of  this  Commonwealth  for  one  year,  from  the 
fourth  day  of  June  instant,  to  be  fully  completed  and  ended, 
and  until  another  State  Printer  shall  be  appointed  in  his 
stead  :  Provided,  he,  the  said  Russell,  shall  do  and  per- 
form, or  cause  to  be  done  and  performed,  the  printing,  in  a 


36      STATE  PRISON— DIGHTON.— June  10,  1815, 

faithful  and  workmanlike  manner,  on  §ood  and  suitable  pa- 
per, and  with  all  reasonable  dispatch,  and  to  the  acceptance 
of  the  officers  for  whom  the  work  may  be  done. 

Be  it  farther  resolved^  That  the  compensation  which 
ehall  and  may  be  allowed  and  made  to  the  said  Benjamin 
Russell,  for  printing  and  materials  furnished  as  aforesaid, 
shall  be  such  as  the  Committee  on  accounts  may  deem  to  be 
just  and  reasonable,  they,  the  said  Committee  on  accounts, 
taking  into  consideration  and  comparison,  the  pay  and  al- 
lowance heretofore  made  for  similar  and  like  services  ren- 
dered, and  articles  furnished  by  printers  to  the  Greneral 
Court,  for  several  years  last  past. 


CHAP.  XXI. 

Jlesolve  allowing  S6000/or  the  use  of  State  Prison. 
10th  June,  1815. 

Ilesolvedf  That  there  be  allowed  and  paid  out  of  the  pub- 
lic Treasury,  for  the  use  of  the  State  Prison,  the  sum  of  six 
thousand  dollars,  to  be  drawn  from  the  Treasury  by  the 
Warden  of  said  Prison  in  such  sums  as  the  Directors  shall^, 
from  time  to  time,  direct ;  and  his  Excellency  the  Grovern- 
or,  with  advice  of  Council,  is  hereby  requested  to  draw  his 
warrants  on  the  Treasurer  for  said  sums  accordingly. 


CHAP.  xxn. 

Mesolve  abating  ^iSS  33,  to  the  town  of  Dighton. 
10th  June,  1815. 

On  the  petition  of  Rufus  Whitmarsh,  in  behalf  of  the 
town  of  Dighton,  praying  for  an  abatement  of  taxes  : 

Resolved,  For  reasons  set  forth  in  said  petition,  that  the 
prayer  of  said  petition  be  so  far  granted,  that  the  sum  of 
one  hundred  and  thirty-three  dollars  and  thirty-three  cents 
be  abated  to  the  said  town  ofl|ighton,  in  the  last  State  tax, 
and  that  the  said  town  is  discharged  of  said  supi  in  said  tax 
accordingly. 


E.  TYLER— E.  BREWER.—JMMe  IS,  1815.     37 


CHAP.  xxin. 

Mesolve  granting  further  time  to  the  heirs  of  Edward  Ty-- 
ler,  to  settletownship  Letter  1).     ISth  June,  1S15. 

On  the  petition  of  Joseph  D.  Bass,  for  the  heirs  of  the 
late  Edward  Tyler,  Esquire,  and  others,  owners  of  a  town- 
ship in  the  county  of  Oxford,  called  Letter  I),  praying  fur- 
tlier  time  to  effect  the  settlement  of  the  number  of  families 
required  by  their  deed  ; 

Resolved,  For  reasons  set  forth  in  said  petition,  that  a  fur- 
ther time  of  two  years,  from  the  first  day  of  June,  instant, 
be,  and  hereby  is  allowed  to  the  heirs  and  assigns  of  the 
late  Edward  Tyler  and  others,  to  complete  the  settle- 
ment of  forty  families  on  said  township  Letter  D.  and  if  they, 
the  said  heirs  or  assigns,  shall  settle  within  said  time,  the 
said  number  of  families  on  said  township,  that  then  the  es- 
tate and  right  of  said  heirs  and  assigns,  shall  be  valid,  full 
and  effectual  to  all  intents  and  purposes,  as  if  the  condi- 
tions of  settlement  had  been  seasonably  complied  with  : 
Provided  nevertheless,  The  said  Tyler's  heirs  and  assigns, 
shall,  on  or  before  the  first  day  of  September  next,  give 
bonds  to  the  Commonwealth,  with  sufficient  surety  or  sure- 
ties, to  the  satisfaction  of  the  Agent  for  the  sale  of  Eastern 
Lands,  conditioned,  that  the  number  of  families  required 
in  said  original  deed,  to  be  settled  on  said  township,  shall, 
within  said  term  of  two  years,  be  settled  thereon,  or  for  the 
payment  of  thirty  dollars  for  each  family  which  shall  then 
])e  deficient  of  the  whole  number. 


CHAP.  XXIV. 

Uesolve  on  the  petition  of  Elizabeth  Brewer  and  others. 
12th  June,  1815. 

On  the  petition  of  Elizabeth  Brewer,  of  Boxbury,  in  the 
('ounty  of  Norfolk,  widow  of  Ebenezer  Brewer,  late  of  said 
Uoxbury,  trader,  deceased,  for  herself  and  as  Guardian  of 
Lorenzo  Richards  and  Albert  Brewer,  minors  ;  Stephen 
philds,  of  said  Roxbury,    as  Guardian  of  Mary  Foster 


38      ELIZABETH  BREWER,— June  13,  1815. 

Erewer,  aminor;  Chenery  Clark,  of  Roxbury  aforesaid,  as 
Guardian  of  Ebenezer  Brewer,  a  minor  ;  Joseph  Davenport, 
of  said  Roxbury,  as  Guardian  of  Joseph  Brewer,  a  minor  ; 
John  Clap,  of  said  Roxbury,  as  Guardian  of  Adeline  and 
William  Brewer,  minors  ;  all  the  said  minors  being  children, 
and  all  the  children  of  the  said  Ebenezer  Brewer,  deceased  ; 
Elisha  Tobey,  of  Dorchester,  in  said  county,  for  himself,^ 
and  as  Guardian  of  his  daughter  Sally  Humphreys  Tobey, 
a  minor;  John  Humphreys,  of  Dorchester  aforesaid,  yeoman, 
and  Chenery  Clark  and  Charles  Davis,  as  Administrators 
of  said  deceased  ;  praying,  that  the  said  widow  and  Guar- 
dians may  be  empowered  to  convey  to  the  said  Elisha  To- 
bey,  Sally  Humphreys  Tobey,  and  John  Humphreys,  in  the 
manner  therein  set  forth,  a  certain  piece  of  land,  in  Dor- 
f^iester  aforesaid,  on  payment  of  a  certain  sum  of  money  ; 
and  also  that  the  said  Elisha  Tobey  may  be  authorized  to 
convey  to  the  said  children  of  Ebenezer  Brewer,^  an  undi- 
vided moiety  of  a  certain  tract  of  wood  land  in  said  Dor- 
Chester  : 

Resolved,  That  for  the  reasons  set  forth  in  said  petition, 
the  said  widow  and  Guardians  ])e,  and  are  hereby  au- 
thorized and  empowered  to  convey,  by  a  joint  deed,  under 
their  hands  and  seals,  to  the  said  Elisha  Tobey,  Sally 
Humphreys  Tobey  and  John  Humphreys,  a  certain  piece  of 
land  in  Dorchester  aforesaid,  one  moiety  thereof  to  the  said 
Elisha  Tobey  and  Sally  Humphreys  Tobey,  their  heirs  and 
assigns  equally,  as  tenants  in  common,  and  the  other  moiety 
to  the  said  John  Humphreys,  his  heirs  and  assigns  ;  the 
said  land  being  bounded  as  follows  :  Northerly  by  land  of 
Magee  ;  easterly  by  a  creek  and  by  land  of  Stephen  Wil- 
liams, Jacob  and  Joseph  Bird,  and  the  heirs  of  Ebenezer 
Clap,  Esq.  ;  southerly  as  far  as  land  of  John  Nazio,  by  a 
road  leading  to  South  Boston  ;  then  by  Nazro's  land ;  then 
by  said  road  again  ;  then  by  land  of  Jacob  and  Joseph 
Bird  ;  then  by  a  road  leading  from  Roxbury  to  Dorchester, 
to  the  first  mentioned  boundary  ; — and  such  deed,  executed 
as  aforesaid  shall  give  to  the  said  Elisha,  John  and  Sally, 
all  the  right,  title  and  interest,  which  the  said  widow  and 
heirs  of  Ebenexer  Brewer  have  or  may  have  in  and  to  the 
premises  ;  Provided  nevertheless^  That,  before  such  con- 
veyance, the  said  Elisha,  Sally  and  John  shall  pay  to  each 
of  the  children  of  the  said  Ebeeez^r  Brewer,  ninety-seven 
dollars  and  sixty- four  cents. 


CATHARINE  LOCK.— Jwwe  13,  1815.  39 

And  it  is  further  resolved,  That  the  said  Elisha  Tobey 
be,  and  he  is  hereby  authorized  and  empowered  to  convey, 
by  deed,  under  his  hand  and  seal,  to  the  children  aforesaid 
of  Ebenezer  Brewer,  deceased,  and  their  heirs  and  assigns 
equally,  as  tenants  in  common,  one  undivided  moiety  of  a 
certain  tract  of  wood  land  in  Dorchester  aforesaid,  des.cri- 
bed  as  follows  :  Bounded  easterly  and  southerly  by  land  of 
Jeremiah  Mcintosh  ;  westerly  by  land  of  Elisha  Whitney  ; 
northerly  by  land  of  Ebenezer  Seaver ; — and  such  deed 
shall  be  sufficient  to  convey  to  the  said  children,  all  the 
right,  title  and  interest  that  the  said  Elisha  Tobey,  or  the 
said  Sally  Humphreys  Tobey  have  or  may  have,  in  and  to 
the  premises. 


CHAP.  XXV. 

Itesolve  maMng  valid  any  discharge  Catharine  Lock  may  ex- 
ecute on  the  receipt  of  any  legckcies  bequeathed  to  her  by 
her  late  mother,     l^h  June,  1815. 

Upon  the  petition  of  Catharine  Lock,  of  Cambridge,  wife 
of  Bezaleel  Lock,  late  of  Boston,  stating,  that  the  said  Be- 
zaleel  had  absented  himself  from  this  Commonwealth,  and 
gone  to  parts  unknown  to  the  said  Catharine,  and  left  her  in 
indigent  circumstances,  with  children  dependent  on  her  for 
support ;  that  Hannah  Learned,  mother  of  the  said  Catha- 
rine, had,  in  and  by  her  last  will  and  testament,  bequeath- 
ed to  her,  the  siaid  Catharine,  one  seventh  part  of  the  pro- 
ceeds of  certain  real  estate,  which  James  Frost,  of  said 
Cambridge,  was  authorized  and  empowered  by  the  said  tes- 
tatrix to  sell  and  convey  ;  that  the  said  estate  has  been  sold, 
and  that  the  said  executor  refuses  to  pay  the  amount  of  said 
legacy  to  the  said  Catharine,  in  the  absence  of  her  husband, 
on  account  of  her  inability  to  make  and  execute  a  valid  dis* 
charge  ;  and  praying  that  she  may  authorized  to  make  such 
discharge,  notwithstanding  her  coverture. 

Resolved,  For  reasons  set  forth  in  saitl  petition,  that  the 
said  Catharine  Lock  be,  and  she  is  hereby  authorized  and 
empowered  to  receive,  of  the  said  James  Frost,  any  legacy 
or  legacies  bequeathed  to  her,  the  said  Catharine,  in  and  by 
fhe  last  will  and  testament  of  her  mother.  Hannah  Learned- 


40     B.  BALDWIN— S.  MEADOW.—Jwne  12,  1815 

and  to  make  and  execute  to  him,  the  said  Frost,  a  legal  and 
valid  discharge  for  the  same,  which  discharge  shall  be  as  ef- 
fectual to  bar  the  husband  of  the  said  Catharine,  or  his 
heirs,  from  hereafter  claiming  the  same,  as  if  the  said  dis- 
charge had  been  made  and  executed  by  the  said  Bezaleel 
Lock  himself. 


CHAP.  XXVI. 

Resolve  alloiv'mg  Benjamin  Baldwin  further  time  to  pay 
sums  due  to  the  State.     ISth  June,  1815. 

On  the  petition  of  Benjamin  Baldwin,  of  Egremont,  in  the 
county  of  Berkshire,  praying  that  further  time  may  be  gran- 
ted him  to  pay  sums  due  to  the  Commonwealth  : 

Resolved,  For  reasons  set  forth  in  the  said  petition,  that 
for  the  payment  of  the  first  sum  mentioned  in  said  petition, 
he  be  allowed  till  the  last  day  of  January,  in  the  year  of  our 
Lord  one  thousand  eiglit  hundred  and  sixteeft  :  For  the 
payment  of  the  second  sum  mentioned  in  said  petition,  he 
be  allowed  till  the  last  day  of  January,  in  the  year  of  out 
Lord  one  thousand  eight  hundred  and  eighteen :  For  the  pay- 
ment of  the  third  sum  mentioned  in  said  petition,  he  be  al- 
lowed till  the  last  day  of  January,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  twenty  :  And  that  he  be 
allowed  till  the  last  day  of  January,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  sixteen,  to  make  the  first 
payment  of  interest  mentioned  in  said  petition,  and  that  all 
after  payments  of  interest  be  made  by  him  on  the  last  day 
of  January,  annually. 


CHAP.  XXVII. 

Resolve  ajTpointing  Commissioners  for  assessing  the  Pro- 
prietors of  Slough  Meadow  An  Lewistoivn,  on  an  applica- 
tionfrom  Joel  Thompson  and  others,      12th  June,  1815. 

On  the  petition  of  .Joel  Thompson  and  Israel  Hara,  pray- 
ing, among  other  things,  the  Court  to  appoint  Commission- 
iiVB  to  assess  and  apportion  such  expenses  upon  the  several 


OVERSEERS  OF  INDIANS.— Jirtze  12,  1815.    41 

Proprietors  of  Slough  Meadow,  in  the  town  of  Lewistown, 
in  the  county  of  Lincoln,  as  the  Committee  which  was  ap- 
pointed by  the  Court  of  Common  Pleas  for  the  said  county 
of  Lincoln,  (for  that  purpose)  have  already  been  at  in  flow- 
ing said  meadow ; 

liesolved,  That  the  prayer  of  said  petition  be  so  far 
granted,  that  Oliver  Barron,  of  said  Lewistown,  Andrew  R. 
Giddings,  of  Pejepscot,  in  the  county  of  Cumberland,  and 
Aaron  Dvvinal,  of  Lisbon,  in  the  county  of  Lincoln,  be,  and 
they  are  hereby  appointed  Commissioners,  witli  full  power 
antl  authority  to  assess  (being  first  sworn  for  that  purpose) 
on  the  Proprietors  of  said  Slough  Meadow,  so  called,  all 
such  expenses  as  the  said  Committee,  so  appointed  by  said 
Court  of  Common  Pleas,  have  been  at  in  executing  the  du- 
ties of  their  said  appointment,  together  with  the  expenses 
in  executing  the  duties  of  this  appointment,  and  to  appoint 
a  Collector  to  collect  the  same,  and  to  commit  a  bill  of  such 
assessment  to  such  Collector,  with  a  warrant  in  due  form  of 
law,  to  collect  thft  same,  and  the  same  pay  over  to  such  per- 
son as  they  shall  appoint  Treasurer  for  said  Proprietors  ;  and 
make  up  and  complete  a  settlement  with  such  Treasurer  ia 
a  reasonable  time,  by  them  to  be  appointed  and  expressed 
in  such  warrant ;  and  also  to  do  and  perform  all  and  singu- 
lar thing  or  things  touching  the  expenses  already  incurred 
as  aforesaid,  which  the  said  Committee,  appointed  by  the 
said  Court  of  Common  Pleas,  could  have  done  by  virtue  of 
their  said  appointment. 


CHAP.  XXVIII. 

Resolve  aitfJiorizing  the   Overseers  of  tJie  Black  Ground- 

nnd  Herring  Pond  tribe  of  Indians  to  sell  land. 

12th  June,  1815. 

On  the  petition  of  Joshua  Thomas,  Ephraim  Spooner, 
and  Gideon  Hawley,  Overseers  of  the  Black  Ground  and 
Herring  Pond  tribe  of  Indians,  praying  for  a  license  to  sell 
lands  of  the  said  tribe,  to  a  certain  amount  : 

Resolved,  For  raasons  set  forth  in  said  petition,  that  the 
prayer  thereof  be  granted,  and  that  the  said  Overseers,  or 
the  major  part  of  themj  be,  and  they  hereby  are  authorized 
6 


42      STEVENS,  JR.— WHITNEY.^-Jttwe  12,  1815. 

and  empowered  to  sell  so  nmcli  of  the  land  belonging  to 
said  tribe,  at  public  vendue,  as  shall  amount  to  one  thou- 
sand dollars,  for  the  purpose  of  paying  the  debts  of  said 
Indians,  and  to  make  and  execute  a  good  and  sufficient 
deed  or  deeds  of  the  same  ;  they  first  giving  similar  notice 
of  such  sale  and  taking  a  similar  oath,  to  the  notice  and 
oath  by  law  required  to  be  taken  by  Executors  and  Admin- 
istrators, previous  to  their  selling  the  real  estate  of  their 
Testators  or  Intestates,  and  also  giving  bond  to  the  Trea- 
surer of  this  Commonwealth,  for  the  use  of  said  tribe,  with 
a  sufficient  surety  or  sureties,  to  be  approved  of  by  the  Jus- 
tices of  the  Circuit  Court  of  Common  Pleas,  for  the  South- 
ern Circuit,  to  account  for  the  proceeds  of  such  sale  or  sales, 
in  the  settlement  of  their  account  of  their  said  Overseership. 


CHAP.  XXIX. 

Mesolce  granting  Jeduthan  Stevens,  Jr.  S50,  in  consequence 

of  a  wound  received  ichile  on  military  duty. 

12th  June,  1815. 

On  the  petition  of  Jeduthan  Stevens,  Jr.  of  North-Brook- 
field,  praying  for  an  allowance  in  consequence  of  losing 
his  left  thumb,  by  the  splitting  of  a  gun,  while  attending  on 
military  duty  : 

Resolved,  For  reasons  set  forth  in  said  petition,  that  there 
be  allowed  and  paid  out  of  the  Treasury  of  this  Common- 
wealth unto  the  said  Jeduthan  Stevens,  Jr.  the  sum  of  fifty 
dollars,  in  full  for  cost  and  damages  occasioned  by  said 
accident. 


CHAP.  XXX. 

flesoh'e  allowing  compensation  to  Daniel  Whitney  and  He - 
czeliiah  J\*eic comb,  for  lots  of  land  they  purchased  of  the 
Commonwealth,  ichich  on  rumiing  the  line  proved  to  be 
within  the  Waldo  Fatent.     ISth  June,  1815. 

On  the  petitions  of  Daniel  Whitney,  of  Hampden,  and 
Hezekiali  Newcomb,  of  Number  Two,  in  the  first  range 


SAMUEL  KENT.— Joe  1%  1815.  43 

north  of  tlie  Waldo  Pat«ut,  both  in  the  county  of  Hancock, 
representing  that  by  running  the  north  line  of  the  Waldo 
Patent,  part  of  their  lots  of  land  (which  they  purchased  of 
tiie  Commonwealth)  has  been  found  to  be  within  the  Waldo 
Parent,  and  praying  they  may  have  compensation  therefor  : 
Resolved,  For  reasons  set  forth  in  said  petitions,  that 
there  be  allowed  and  paid  out  of  the  Treasury  of  this  Com- 
monwealth, to  Daniel  Whitney  aforesaid,  the  sum  of  fifty 
five  dollars  and  sixty-six  cents,  in  full  consideration  for  the 
loss  of  twenty-nine  acres  of  land,  taken  from  his  lot,  No. 
147>  in  said  Hampden  ;  also  that  there  be  allowed  and  paid 
to  Hezekiah  Newcomb  aforesaid,  (assignee  of  Thomas  Dag- 
gett) the  sum  of  one  hundred  and  forty-six  dollars  aiid  se- 
venteen cents,  in  full  consideration  for  the  loss  of  seventy 
six  acres  and  twelve  rods,  taken  from  his  lot,  No.  14S,  in 
said  Hampden ;  the  sums  of  money  hereby  allowed  are  the 
amount  which  the  Commonwealth  has  received,  with  com- 
pound interest  included. 


CHAP.  XXXI, 

Resolve  on  the  petition  of  Samuel  Kent,  authorizing^  the 

executor's  of  Samuel  Gere  to  execute  a  deed  to  him. 

12th  June,  1815. 

On  the  petition  of  Samuel  Kent,  of  Grauby,  in  tljc  county 
of  Hampshire,  stating,  that  oit^the  seventeenth  day  of  Au- 
gust, 1808,  he  conveyed,  by  deed  of  warranty,  to  Isaan 
Crere,  late  of  Northampton,  in  said  county,  deceased,  a  cer- 
tain tract  of  land  situate  in  Granby  aforesaid,  in  the  Crank 
lots,  so  called,  being  lots  No.  50  and  51,  bounded  easier-y 
by  Belchertown  line,  and  extending  westerly  from  said  line, 
including  the  whole  width  of  said  lots,  so  far  as  to  contain 
fifty  acres,  and  bounded  northerly  by  Samuel  Ingalls'  liens' 
land ;  southerly  by  lot  No.  49,  and  westerly  by  land  of  said 
Kent  :  that  said  deed,  though  absolute,  and  no  bond  of  de- 
feazance  was  given,  was  intended  by  the  parties  merely  to 
secure  the  payment  of  a  smn  of  money,  which  the  said 
Kent  borrowed  of  said  Gere,  and  which,  on  the  17th  day 
of  May,  1814,  amounted  only  to  two  h-indred  and  sevenfcy- 
five-dollars  and  seventy-five  cents  ;    that  said  land  is   of 


4rl         ELISHA  DOUGLASS— Jh«p  12,  1815. 

much  greater  value  than  the  amount  now  due  ;  and  praying 
that  Joseph  Lymaiij  Esq.  and  Solomon  Stoddard,  jun.  Esq. 
both  of  Northampton  aforesaid,  executors  of  the  last  will 
and  testament  of  the  said  Isaac  Gere,  may  be  authorized  to 
re-convey  said  land  to  said  Kent,  upon  payment  of  the  a- 
mount  due  from  the  said  Kent  to  the  said  Gere,  with  the 
annual  interest  : 

Hei^ulvod,  For  reasons  set  forth  in  said  petition,  that  Jo- 
seph layman  and  Solomon  Stoddard,  jun.  Esquires,  execu- 
tors of  the  last  will  and  testament  of  Isaac  Gere,  late  of 
Northampton,  deceased,  be,  and  they  hereby  are  authorized 
and  empowered  to  make  and  execute  a  deed  of  release  to 
the  said  Samuel  Kent  of  the  tract  of  land  above  described, 
which  deed  shall  have  the  effect  of  conveyina;  all  the  right 
of  which  the  said  Gere  died  seized  in  said  land,  he,  the 
said  Kent,  first  paying  to  the  said  executors,  the  sum  of  two 
liundred  and  seventy -five  dollars  and  seventy -five  cents, 
with  interest  thereon  from  the  17th  day  of  May,  1814-. 


GMAP.  XXXII. 

Resolve  granling  Elisha  Douglass  S  ISO, /or  expenses  in- 
curved  by  the  loss  of  the  itse  of  the  left  arm,  and  a  pen- 
sion,    12th  June,  1815. 

On  the  petition  of  Elisha  Douglass,  of  the  plantation  of 
Lee,  in  the  county  of  Hancock,  for  an  allow^ince,  in  conse- 
quence of  having  lost  the  use  of  his  left  arm  by  two  balls 
passing  through  his  elbow,  and  also  by  a  ball  passing 
through  his  side  in  September  last : 

Resolved,  For  reasons  set  forth  in  said  petition,  that  there 
be  allowed  and  paid  out  of  the  Treasury  of  this  Common- 
wealth, unto  Elisha  Douglass,  the  sum  of  one  hundred  and 
eighty  dollars,  in  full  for  all  his  expenses  ;  and  also  a  fur- 
ther sum  of  sixty  dollars  annually,  as  a  pension,  for  four 
years  from  the  third  day  of  September,  A.  D,  1814  ;  pro- 
vided  the  said  Douglass  should  live  so  long. 


CARLTON,  JR.— BACHELDER June  13,1815.     45 


CHAP.  XXXIU. 

Mesolve  granting  John  Carlton,  jun   S6G  per  annum,  for 

two  yearSf  in  consequence  of  being  severely  wounded. 

13th  June,  1815. 

On  the  petition  of  John  Carlton,  jun  of  Frankfort,  for  an 
allowance  in  consequence  of  having  a  ball  shot  through  his 
thigh,  while  doing  duty  in  the  detached  militia  at  Haniden, 
last  autumn  : 

Resolved,  For  reasons  set  forth  in  said  petition,  that  there 
be  allowed  and  paid  out  of  the  Treasury  of  this  Common- 
wealth,  unto  John  Carlton,  jun.  a  pension  of  sixty  dollars 
per  annum,  for  two  years,  should  he  live  so  long,  to  com- 
mence on  the  first  day  of  October,  1814,  in  addition  to  the 
sum  the  said  Carlton  has  already  received  from  the  Board 
of  War. 


CHAP.  XXXIV. 

llesolve  alloiving  Josiah  Baehelder  further  time  for  the  pay- 

ment  of  his  balance  due  by  him  to  the  Commonwealth. 

13th  June,  1815. 

On  the  petition  of  Josiah  Baehelder,  requesting  further 
time  to  pay  the  balance  due  by  him  to  the  Commonwealth  : 

Resolved,  For  reasons  set  forth  in  said  petition,  that  a 
further  time  of  two  years,  from  the  fifth  day  of  August  next, 
be,  and  hereby'is  allowed  to  the  said  Josiah  Baehelder,  to 
coniplete  the  payment  of  the  balance  which  may  then  be  due 
from  said  Baehelder  to  the  Commonwealth,  on  the  obliga- 
tions signed  by  him,  dated  the  fifth  day  of  August,  1809, 
wdth  the  interest  thereon,  any  thing  in  the  contract  with  the 
Commonwealth  to  the  contraiT"  notwithstanding. 


46      RETURN  OF  ARMS,  kc.-^June  13, 1810. 


CHAP.  XXXV. 

Kesolve  requiring  tJie  return  of  munitions  of  war,  gtrmSf 
8(c.  loaned  to  towns,  individuals,  i^c.  in  the  course  of  the 
late  war.     13th  June,  1815. 

Whereas,  in  the  course  of  the  arrangements  made  for  tlic 
defence  of  th«  sea-coast  of  the  Commonwealth  i»f  Massa- 
chusetts, during  the  late  war,  several  thousaml  muskets, 
(with  accoutrements)  and  a  large  quantity  of  munitions  of 
war,  were  delivered  (from  the  Magazines  belonging  to  the 
Commonwealth)  to  a  number  of  towns  and.  individuals,  who 
became  obligated  to  return  the  same  when  called  for  : 

Th&refore  resolved,  That  all  towns,  plantations,  military 
officers,  and  individuals,  of  every  description,  who  have  re- 
ceived, or  who  may  now  have  in  their  possession,  or  under 
their  control,  any  munitions  of  war,  or  muskets  and  ac- 
coutrements, delivered  from  the  public  Magazines  afore- 
Said,  be,  and  they  hereby  are  required  to  return  the  same 
into  the  Q^uarter-Master-Generars  department,  at  Boston, 
within  ninety  days  from  this  date  : 

Beit  further  resolved,  That  in  case  of  failure,  in  making 
return  of  the  arms  and  munitions  aforesaid,  or  of  accounting 
therefor  in  a  satisfacjtory  manner,  the  town,  plantation,  or 
individual,  who  may  have  any  of  the  articles  aforesaid,  now 
under  their  care,  or  control,  shall  forfeit  and  pay,  to  the 
Treasurer  of  the  Commonwealth,  the  sum  of  eighteen  dol- 
lars for  each  and  every  musket  and  set  of  accoutrements,  or 
fifteen  dollars  for  the  musket  alone  ;  and  also  a  reasonable 
sum  for  such  of  the  munitions  of  war  aforesaid,  according 
to  the  just  value,  which  may  not  be  returned  within  ninety 
days  from  the  date  of  this  resolve,  or  otherwise  satisfactori- 
ly accounted  for  ;  and  in  order  to  facilitate  the  c4)Uection  of 
the  arms  and  munitions  aforesaid. 

Be  it  further  resolved,  Tiiat  the  Quarter-Master-General 
be,  and  he  hereby  is  empowered  g,ud  directed  to  pay  all  rea- 
sonable ciiargcs  for  transporting  the  articles  aforesaid  to 
the  public  buildings  which  are  placed  under  his  care. 


FALMOUTH,  &c.— LOVELL,  kc—June  13, 1815.    47 


GHAP.  XXXVI. 

Resolve  for  abating  the  tax  on  Falmouth,  and  adding  the 
same  to  Westbrook.     13th  June,  1815. 

On  the  petition  of  the  Selectmen  and  Assessors  of  the 
town  of  Falmouth, 

Resolved,  That  for  reasons  set  forth  in  said  petition, 
there  be,  and  hereby  is  abated,  of  the  amount  set  to  the  town 
of  Falmouth,  in  the  county  of  Cumberland,  in  the  tax  act, 
passed  March  2d,  1810,  the  sum  of  four  hundred  and  thir- 
ty-two dollars,  which  was  erroneously  put  to  said  town  of 
Falmouth,  instead  of  being  put  to  the  town  of  Westbrook, 
as  its  just  proportion  of  the  State  tax,  and  Representatives' 
pay  in  the  tax  act  aforesaid  :  And  that  the  Treasurer  of 
this  Commonwealth  be,  and  hereby  is  authorized  and  di- 
rected to  issue  his  warrant,  directed  to  the  Assessors  of 
the  town  of  Westbrook,  requiring  and  directing  said  As- 
sessors to  assess,  upon  the  polls  and  estates  within  said 
town,  the  sum  of  four  hundred  and  thirty-two  dollars,  a- 
greeably  to  the  provisions  of  said  tax  act,  in  addition  to  the 
sixty  dollars  for  the  assessment  and  collection  of  which  a 
warrant  has  already  Issued. 


CHAP.  XXXVII. 

Resolve  making  valid  the  doings^  ^c.  of  the  towns  of  Lov- 
ell  and  Sweden.     13th  June,  1815. 

Upon  the  petition  of  John  Wood  and  others,  Agents  of 
the  Proprietors  of  the  towns  of  Lovell  and  Sweden,  in  the 
county  of  Oxford,  and  Commonwealth  of  Massachusetts, 
setting  forth,  that  several  defects  and  omissions  have  hap- 
pened and  intervened  in  the  records  kept  by  said  Proprie- 
tors, of  their  doings  and  proceedings  relative  to  said  towns, 
especially  in  the  early  part  of  said  records  ;  and  praying 
that  the  Legislature  would  confirm  and  render  the  same 
valid  in  law  : 

Resolved^  For  reasons  set  forth  in  said  petition,  that  the 
records  of  the  doings  and  proceedings  of  said  Proprietors, 


13  PUBLIC  ARSENAL.— JitKe  13,  1815. 

of  said  towns  of  Lovell  and  Sweden,  shall  be  held  good  and 
valid  in  law,  although  there  is  no  record  of  oaths  being  ad- 
ministered to  the  Clerk,  Collector  of  taxes,  and  other  offi- 
cers of  said  Proprietors  in  many  instances  :  And  although 
there  appears  in  some  instances  to  be  no  record  of  assess- 
ments, tax  bills,  warrants,  and  other  instruments  of  said 
Proprietors,  that  said  records  shall  be  held  valid  and  ef- 
fectual in  law,  as  though  there  had  been  a  full  and  perfect 
record  made  of  all  the  doings  and  proceedings  of  said  Pro- 
prietors relative  to  said  shid  towns  of  Lovell  and  Sweden. 


CHAP,  xxxvin. 

Jiesolve  providing  for  the  purchase  of  land  and  the  erection 
of  a  Public  Arsenal,     13th  June,  1815. 

Resolved,  That  the  Governor  and  Council  be,  and  they 
hereby  are  authorized  to  cause  to  be  selected,  in  the  town  of 
Boston,  or  its  vicinity,  a  tract  of  land,  not  less  than  forty 
thousand  square  feet  in  extent,  and  as  much  larger  as  in 
their  opinion  may  be  necessary,  for  the  purpose  of  erecting 
an  Arsenal  and  Laboratory,  and  the  same  to  be  purchased, 
in  case  the  same  cannot  be  obtained  upon  other  terms  ;  and 
for  this  purpose  that  tliey  be  authorized  to  make  any  sale  or 
transfer  of  all  the  right  of  the  Commonwealth  to  the  land 
and  buildings  belonging  to  the  present  Arsenal  and  Labora- 
tory at  their  discretion. 

Be  it  farther  resolved,  That  the  Governor  and  Council 
be,  and  hereby  are  authorized  to  cause  a  fire- proof  Arsenal 
and  Larboratory  to  be  erected,  of  such  dimensions  as  they 
may  deem  expedient,  on  the  place  selected  and  obtained,  in 
pursuance  of  the  authority  herein  before  given  ;  and  that 
the  same  be  so  constructed  as  to  be  separated  from  all  other 
buildings  whatsoever  ;  and  the  whole  area  obtained  as  be- 
fore provided,  to  be  inclosed  with  a  brick  wall  of  a  suitable 
height' ;  and  that  for  this  purpose,  the  Governor  be,  and  he 
hereby  is  authorized,  by  and  with  the  advice  of  the  Coun- 
cil, to  draw  his  warrant  upon  the  Treasurer  of  this  Com- 
monwealth, for  any  sum  or  sums,  not  exceeding  ten  thou- 
•sand  dollars  ;  and  the  Treasurer  of  this  Commonwealth  Is 
hereby  authorized  and  empowered  to  borrow  from  any  Bank 


CUMBERLAND  TAX.— PAGE.— June  i%  1815.      49 

or  Banks  in  this  ConimonwealtL,  in  the  name  and  behalf  of 
the  Legislature,  according  to  the  provisions  of  their  several 
acts  of  incorporation,  and  upon  such  terms  and  conditions 
as  are  therein  specified,  any  sum  not  exceeding  ten  thousand 
dollars,  for  the  purpose  of  discharging  the  warrants  to  be 
drawn  in  pursuance  of  this  resolution. 


CHAP.  XXXIX. 

Resolve  granting  a  tax  for  the  county  of  Cumberland. 
14th  June,  1815. 

Whereas  representation  has  been  made  to  the  Legisla-^ 
ture  by  the  Clerk  of  the  Circuit  Court  of  Common  Pleas 
for  the  county  of  Cumberland,  that  the  sum  of  three  thou- 
sand dollars  is  necessary  to  be  raised  in  said  county  the  pre- 
sent year,  towards  building  a  new  Court- House,  and  fire 
proof  Buildings  : 

2  herefore  resolved^  That  the  sum  of  three  thousand  dol- 
lars be,  and  the  same  is  hereby  granted  as  a  tax  for  the  said 
county  the  present  year,  to  be  apportioned  and  assessed,  paid, 
collected  and  applied,  for  the  purpose  aforesaid,  according  to 
law. 


CHAP.  XL. 

Hesolve  providing  for  the  pay  of  the  Page  to  the  House, 
14!th  June,  1815. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Trea- 
sury of  this  Commonwealth,  to  the  Messenger,  to  be  paid 
by  him  over  to  Joseph  Francis,  one  dollar  twenty. five  cents 
per  day,  for  each  day  he,  the  said  Francis,  shall  have  at= 
tended  as  Page  to  the  present  session  of  the  General  Court, 


50    TREAS.— fl.  CHIPMAN,  JR June  14, 1815. 


CHAP.  XLI. 

liesolve  authorizing  the  Treasurer  to  borrow  money. 
14th  June,  1815. 

Upsolved,  That  the  Treasurer  of  this  Commonwealth  be, 
and  he  hereby  is  authorized  and  directed  to  borrow  of  the 
Ranks  in  Boston,  in  addition  to  the  sum  now  borrowed,  any 
sum,  not  exceeding  one  hundred  thousand  dollars,  that  may, 
at  any  time,  within  the  present  year,  be  necessary  for  the 
payment  of  the  ordinary  demands  made  on  the  Treasury, 
and  that  he  repay  any  sum  he  may  borrow,  as  soon  as  mo- 
ney sufficient  for  that  purpose,  and  not  otherwise  appropri- 
ated, shall  be  received  into  the  Treasury. 


CHAP.  XLII. 

Resolve  on  the  petition  of  Hannah  Chipman,  jun,  and  oth- 
ers, of  Sandwich,  in  the  county  of  Barnstable, 
14th  June,  1815. 

On  the  petition  of  Hannah  Chipman,  jun.  of  Sandwich, 
in  the  county  of  Barnstable,  and  Ebenezer  Wing,  Guardian 
to  Thomas  Chipman,  Lucy  Chipman,  and  Lydia  Chipman, 
of  the  same  Sandwich,  being  heirs  of  Hatsuld  Chipman,  de- 
ceased, and  also  heirs  of  Bethiah  and  Abigail  Chipman,  de- 
ceased, on  the  one  part — and  Phoebe  Chipman,  Executrix  of 
the  will  of  Stephen  Skiff  Chipman,  of  the  said  Sandwich, 
deceased,  and  Benjamin  Chipman,  of  the  same  Sandwich, 
on  the  other  part,  stating,  that  the  estate  of  the  said  Stephen 
Skiff  Chipman,  is  possessed  of  a  certain  tract  or  parcel  of 
land,  adjoining  the  homestead  of  the  above  named  heirs  of 
Hatsuld  Chipman,  deceased  ;  and  that  the  said  Benjamin 
Chipman  is  tenant  in  common  with  the  said  heirs,  of  one 
other  tract  or  parcel  of  land  adjoining  the  same  homestead  ; 
also  that  said  heirs  of  Hatsuld  Chipman,  deceased,  and 
of  Bethiah  and  Abigail  Chipman^  also  deceased,  are  pos- 
sessed of  a  certain  tract  or  parcel  of  land,  adjoining  the  re- 
al estate  of  the  said  Stephen  Skiff  Chipman,  deceased,  and 
also  adjoining  the  land  of  the  said  Benjamin  Chipman,  it  is 


H.  CHIPMAN,  JR.  AND  OTHS.— Jwwg  14, 1815.    51 

the  interest  of  both  parties,  that  the  said  lands  should  be 
reciprocally  exchanged  at  their  value  :  The  petitioners 
therefore  pray,  that  Kbeuezer  Nye,  Samuel  Wing  and  Grid- 
eon  Wing,  or  such  other  persons  as  the  General  Court  may 
see  fit  to  name,  be  appointed  to  survey  and  appraise  the  said 
lands,  severally,  and  that  the  petitioners  may  be  empower- 
ed to  execute  deeds  of  quitclaim  reciprocally  of  the  same  ; 

Therefore  resolved,  That  the  said  Kbenezer  Nye,  Sam- 
uel Wing  and  Gideon  Wing,  being  first  sworn  to  a  faithful 
discharge  of  the  duties  imposed  upon  them  by  this  resolve, 
are  hereby  appointed  to  «jurvey  and  appraise  the  said  lands 
aforesaid,  severally  at  their  true  value. 

Jlnd  be  it  further  resolved,  That  when  said  lands  shall 
be  appraised  as  aforesaid,  the  said  Hannah  Chipman,  jun. 
in  her  own  right,  and  the  said  Ebenezer  Wing,  as  Guardian 
to  Thomas  Chipman,  Lucy  Chipman  and  Lydia  Chipman, 
ontheonepart — andthesaid  Phoebe  Chipman,  Executrix  to 
the  last  will  of  Stephen  SkifiT  Chipman,  deceased,  and  Ben- 
jamin Chipman  on  the  other  part,  may  reciprocally  exchange 
the  lands  aforesaid  ;  and  are  hereby  empowered  to  execute 
deeds  of  quitclaim  reciprocally  of  the  same,  and  that  the 
said  deeds,  when  duly  executed  and  recorded,  be  valid  and 
suflRcient  according  to  law  ;  so  that  the  heirs  of  Hatsuld 
Chipman,  deceased,  may  be  owners  of  the  lands  adjoining 
their  homestead  ;  and  that  the  estate  of  Stephen  Skiff  Chip- 
man,  deceased,  and  the  said  Benjamin  Chipman  be  tenants 
in  common  of  the  lands  adjoining  theirs  :  Provided  never- 
theless, That,  if  upon  the  survey  and  appraisal  aforesaid, 
it  shall  appear  that  the  estate  belonging  to  the  heirs  of  the 
said  Hatsuld  Chipman,  deceased,  is  of  greater  value  than 
the  estate  which  will  be  conveyed  to  them  upon  the  ex- 
change aforesaid,  the  said  Ebenezer  Wing,  Guardian  to 
the  said  Thomas,  Lucy  and  Lydia  Chipman,  before  the  ex- 
ecution of  the  deed  herein  authorized,  shall  give  bonds  to 
the  Judge  of  Probate  for  the  county  of  Barnstable,  in  such 
sum  and  with  such  sureties  as  he  shall  require,  with  con- 
dition that  the  money  which  he  may  receive  by  virtue  of 
said  exchange,  shall  be  put  upon  interest  for  the  benefit  of 
said  minors. 


5S    PORTLAND— ORRINGTON June  14,  1815. 


CHAP.  XLIII. 

-  .  i 

Mesolve  authorizing^  thp  Selectmen  of  the  town  of  Portland 
to  sell  School- House  lands,  ^c.     14th  June,  1815. 

On  the  petition  of  the  Selectmen  of  the  town  of  Portland, 
praying  in  behalf  of  said  town,  for  leave  to  sell  the  land  be- 
longing to  said  town,  on  which  the  north  School- House,  so 
called,  now  stands,  and  apply  the  proceeds  in  erecting  a 
new  School-House  on  another  lot  of  land  belonging  to  the 
town,  in  a  more  eligible  situation  : 

Resolved  That  the  Selectmen  of  the  town  of  Portland, 
be,  and  they  hereby  are  authorized  to  sell  and  convey  by 
deed,  in  fee  simple,  the  lot  of  land  on  which  the  north 
School-House  now  stands,  as  described  in  srad  petition, 
situated  in  the  town  of  Portland,  and  appropriate  the  pro- 
ceeds of  the  sale  in  erecting  a  new  School-House  in  the 
iiorth  part  of  said  town. 


CHAP.  XLIV. 

Mesolve  providing  that  no  jirocess  issue  against  the  inhabi- 
tants of  Orrington,for  arms,  S^c.  loaned^ 
lith  June,  1815. 

On  the  petitition  of  the  Selectmen  of  the  town  of  Orring- 
ton,  praying  indemnity  for  the  loss  of  arms  and  accoutre- 
ments loaned  to  Warren  Ware  : 

Resolved,  For  reasons  set  forth  in  said  petition,  that  no 
compulsory  process  shall  issue  against  the  inhabitants  of 
said  town  of  Orrington,  for  the  recovery  of  the  twenty-five 
stands  of  arms  and  accoutrements  loaned  to  Warren  Ware, 
in  behalf  of  the  Selectmen  of  said  town,  and  for  the  use  of 
the  inhabitants  thereof,  by  the  Committee  of  sea-coast  de- 
fence, until  a  special  order  of  the  liegislature  shall  be  pas- 
sed for  that  purpose. 


HAMPDEN— JENKINS'  WRI.— June  14,  1815..    53 


CHAP.  XLV. 

Resolve  authorizing^  the  Selectmen  of  Hampden^  to  retain 
armSf  ^c.  loaned^  for  five  years.     14th  June,  1815. 

On  the  petition  of  Joseph  Brazier  and  others,  inhabitants 
of  the  town  of  Hampden  ; 

Resolved,  That  the  Selectmen  of  Hampden  be  author- 
ized to  retain  the  forty  stands  of  fire  arms,  with  their  ac- 
coutrements, loaned  for  the  use  of  the  inhabitants  of  said 
town  by  the  Committee  for  sea-coast  defence,  for  the  term 
of  five  years  :  said  inhabitants  of  Hampden  in  their  corpo- 
rate capacity,  being  holden  to  return  said  arms  to  the  de- 
partment of  governnient,  or  authorized  agents,  then  having 
charge  of  said  arms,  or  pay  the  value  thereof  into  the  Trea- 
sury of  this  Common w&alth. — And  it  shall  be  the  duty  of 
the  Selectmen  of  said  town,  for  the  time  being,  to  supply 
such  of  the  inhabitants  of  said  town,  as  they  shall  judge 
least  able  to  furnish  themselves  with  arms  and  accoutre- 
ments, with  the  use  of  said  arms  and  accoutrements,  for  the 
performance  of  military  duty  only. 

CHAP.  XLVI. 

Resolve  directing  the  Secretary  to  have  Jenkins^  Art  of 
Writing  hound.     14th  June,  1815. 

Whereas  a  resolve,  directing  the  way  and  manner  in 
which  the  Secretary  of  the  Commonwealth  should  distri- 
bute the  copies  of  Jenkins'  Art  of  Writins",  the  property  of 
the  said  Commonwealth,  and  now  lodged  in  his  said  Se- 
cretary's office,  passed  on  the  tenth  day  of  the  present  month 
of  June  ;  and  whereas  the  said  Secretary  has  certified  that 
the  said  Art  of  Writing  is  in  sheets,  and  that  it  would  be 
difficult  to  deliver  the  work  in  that  state  ; 

Therefore  be  it  further  resolved,  That  the  said  Secretary 
cause  all  and  each  of  the  said  copies  to  be  substantially 
bound  in  boards  before  delivering  the  same,  and  as  soon  as 
conveniently  may  be,  unless  any  member  shall  prefer  receiv- 
ing his  copy  of  said  work  in  sheets  ;  provided  the  same  can 
be  so  bound  at  an  expense  not  exceeding  six  cents  and  one 
quarter  per  copy. 


51    T.  WALCUTT— RELIG.  SOC'Y.— Jttne  14, 1815. 


CHAP.  XLVII. 

liesolve  granting^  Thomas  Walcutt  S66,  for  servicts, 
14.th  June,  1815. 

Hesolved,  That  there  be  allowed  and  paid  out  of  the  Trea- 
sury  of  this  Commonwealth  to  Thomas  Walcutt,  a  Clerk  in 
tlie  lobbies,  for  the  assistance  of  the  Members  of  the  Leg- 
islature, the  sum  of  sixty-six  dollars,  in  full  for  all  his  ser- 
vices up  to  the  adjournment  of  tlie  last  Legislature. 


CHAP.  XLVIII. 

HpsoIvb  reUnquisJiing  to  the  Society  for  propagathig  the 
gospel  in  foreign  parts,  certain  lands  in  Princetown. 
14th  June,  1815. 

The  Committee  appointed  on  the  petition  of  Thomas 
Dawes  and  others,  in  behalf  of  the  ^*  Society  for  propaga- 
tius  the  gospel  in  foreign  parts  :" 

REPORT,  That  from  the  best  evidence,  which  it  is  in 
their  power  to  procure,  there  are   certain  small  parcels  of 
land  in  Princetown,  in  the  county  of   Worcester,   which 
formerly  belonged  to  the  <^  Society  for  propagating  the  gos- 
pel  among   the   Indians   and  others  in  North    America," 
which  Society,  previous  to  tlie  treaty  of  peace,  ratified  in 
17B3,  was  established  in  England,  but  whose  interest  in  this 
country  were  under  the  management  of  certain  Commission- 
ers appointed  by  them.      Since  that  period  the  purposes  of 
said  Society  have  been  discontinued,  and  a  new   Society 
established  embracing  the  same  objects,  and  composed  of 
some  of  tiiose,  w  ho  were  Commissioners  of  the  former  So- 
ciety ;  the  lands  referred  to,  are  two  thirds  of  a  lot  Letter 
M.  containing  one  hundred  and  fifty-eight  acres  :  Division 
Number  one  in  Poutwater  Meadow,  containing  three  acres 
eighty  rods,  and  a  lot  containing  thirty  four  acres  and  one 
hundred  and  thirty  rods,  and  lot  number  eleven,  contain- 
ing ninety  rods.      This  Legislature,  by  a  resolve  of  July 
Sd,  1781,  acknowledged  the  right  of  said  Society  in  Eng- 
land to  said  lauds,  aud  exempted  them  from  taxation  ;  said 


ESTATE  OF  JOSIAH  HILL.— Jitwe  i%  1815.     55 

lands  have  been  from  year  to  year  wasted  by  divers  tres- 
passers who  have  entered  on  them  without  right  or  claim. 
Your  Committee,  conceiving  that  the  first  mentioned  Socie- 
ty is  dissolved,  believe  that  said  lands  have  in  consequence 
escheated  or  reverted  to  the  Commonwealth,  though  it  ap- 
pears no  inquisition  has  been  had  on  this  subject :  But  as  it 
is  just  that  the  said  property  should  still  be  appropriated 
to  the  same  benevolent  and  pious  objects  as  formerly,  which 
the  Committee  think  would  be  accomplished  under  the  su- 
perintendance  of  the  **  Society  for  propagating  the  gospel 
in  foreign  parts  ;" 

Thtiy,  therefore  report,  That  they  think  it  expedient  that 
the  prayer  of  the  petitioners  be  granted,  and  recommend 
that  for  that  purpose,  a  resolve  be  passed  of  the  following 
tenor  to  wit  * 

ANDREW  RITCHIE,  per  order. 

Resolved,  That  any  claim  or  right  which  is  vested  in 
this  Commonwealth  by  escheat  or  otherwise,  regarding  cer- 
tain parcels  of  land  in  Princetown,  in  «he  county  of  Wor- 
cester, which  formerly  belonged  to  the  "  Society  for  pro- 
pagating the  gospel  among  the  Indians  and  others  in  North 
America,"  be,  and  the  same  hereby  is  granted  and  trans- 
ferred to  the  Society  for  propagating  the  gospel  in  foreign 
parts,  '*  and  their  successors  and  assigns  forever." 


CHAP.  XLIX. 

Resolve  authorizing  the  Mministrator  on  estate  of  Josiah 

Hill  to  eoeecute  a  deed  to  Wiggins  Hill  of  certain  estate, 

14th  June^  1815. 

Whereas,  by  a  resolve  passed  the  General  Court  on  the 
9th  day  of  June,  A.  D.  1813,  on  the  petition  of  Wiggins 
Hill,  of  a  place  called  Kenduskeag,  in  the  county  of  Han- 
cock, the  Administrator  on  .Tosiah  Hill's  estate  was  author- 
ized to  convey  to  said  Wiggins  Hill,  certain  lands  therein 
described,  but  in  consequence  of  an  error  in  the  description 
of  said  land,  the  good  intended  to  the  petitioner  by  said  re- 
solve could  not  be  carried  into  effect. 


56     COURT  OF  SEB.— CLERKS.— Jit?2e  14,  181^. 

Therefore  resolved,  That  the  Administrator  on  the  estate 
of  said  Josiah  Hill  be,  and  he  hereby  is  authorized  to  con- 
vey by  deed  to  said  Wiggins  Hill,  all  the  right,  title  and 
interest  which  the  said  Josiah  Hill  had,  by  virtue  of  the 
levy  of  an  execution,  in  and  unto  a  certain  piece  of  land, 
situated  in  township  number  five,  in  the  seventh  range  of 
townships  north  of  the  Waldo  Patent  ;  beginning  at  the 
south  west  corner  of  lot  number  two,  in  the  first  range  of 
lots  in  said  township  ;  thence  north  seventy  rods  to  a  stake  ; 
thence  east  sixty -four  rods  to  a  birch  tree  ;  thence  south 
seventy  rods  to  a  hemlock  standing  in  the  town  line  ;  thence 
west  sixty-four  rods  to  the  first  mentioned  bounds,  agreea- 
bly to  the  true  intent  and  meaning  of  the  aforesaid  resolve, 
any  thing  therein  contained  to  the  contrary  notwithstanding. 


CHAP.  L. 

Resolve  respecting  the  JSTantucket  Court  of  Session^, 
14th  June,  1815. 

Resolvedf  That  a  Court  of  Sessions  be  holden  at  Nan^ 
tucket,  within  and  for  the  county  of  Nantucket,  by  the  Jus- 
tices of  said  Court,  on  the  third  Tuesday  of  July  next,  and 
that  all  applications  to  be  made  to  said  Court,  may  be  made 
after  the  passing  of  this  resolve,  to  the  Court  of  Sessions 
to  be  holden  as  aforesaid,  and  all  applications,  matters  and 
things  now  pending  in  said  Court  of  Sessions,  may  be  heard 
and  determined  at  the  July  term  of  said  Court,  or  at  the 
next  succeeding  term  thereof. 


CHAP.  LL 

Hesolve  establishing  the  jpay  of  the  Clerics  in  Secretary's^ 
Treasurer's,  Adjutant- Generates  and  ^uart er -Master - 
General's  Offices.     14th  June,  1815, 

llesolved,  That  there  be  allowed  and  paid  out  of  the 
Treasury  of  this  Commonwealth,  to  the  first  Clerk  in  the 
Secretary's  Oflfice,  also  to  the  first  Clerk  in  the  Treasurer's 
Office,  also  to  the  first  Clerk  in  the  Adjutant-Cxenerars  Of- 


DIGHTON.— Jkize  14,  1815.  57 

fice,  fourteen  hu?idred  dollars  each,  in  full  compensation  for 
their  services  for  one  year  from  the  first  day  of  this  current 
month  of  June  ;  and  likewise  to  each  of  the  other  Clerks  in 
said  Secretary's,  Treasurer's,  Adjutant-General's  Offices, 
and  also  the  Clerk  in  the  Office  of  the  Quarter-Master- 
General,  three  dollars  and  eighty -four  cents  per  day,  for 
each  and  every  day  they  are  respectively  employed  therein^ 
for  one  year  commencing  the  said  first  day  of  June  current. 


CHAP.  LII. 

liesolve  for  abating  the  tax  on  the  toitm  of  Dighton^  and  ad- 
ding the  same  to  the  town  of  Wellington^ 
14th  June,  1815. 

Whereas  in  the  apportionment  of  the  late  State  tax  on  (he 
several  towns  in  this  Commonwealth,  that  part  of  said  tax 
which  ought  to  have  been  set  to  the  towns  of  Dighton  and 
Wellington,  in  the  county  of  Bristol,  was  put  wholly  to 
the  town  of  Dighton,  from  which  the  said  town  of  Welling- 
ton was  taken,  and  the  Legislature  has,  by  a  resolve  for 
that  purpose,  abated  the  sum  of  one  hundred  and  thirty-three 
dollars  and  thirty-three  cents  to  the  said  town  of  Dighton, 
which  said  sum  ought  to  have  been  put  to  the  said  town  of 
Wellington  in  said  tax  act  ; 

Resolved,  therefore,  That  the  said  sum  be  set  to  the  said 
town  of  Wellington  ;  and  the  Treasurer  of  the  Common- 
wealth is  hereby  authorized  and  directed  to  issue  his  war- 
rant to  the  Assessors  of  said  town  of  Wellington,  requiring 
them  to  assess  said  sum  on  the  polls  and  estates  in  said 
town  ;  and  the  said  x^ssessors  are  hereby  authorized  and 
directed  to  assess  the  same  accordingly,  and  commit  a  list 
or  lists  of  such  assessment  to  the  Collector  or  Collectors  of 
said  town,  with  a  warrant  or  warrants  to  collect  and  pay  the 
same  into  the  Treasury  of  this  Commonwealtli  according- 
ly ;  and  the  said  Collector  or  Collectors  are  authorized  and 
directed  to  collect  and  pay  the  same  accordingly. 


58  COUNTY  TAXES.— 1/r.  GOV,&c.— June  14, 1815. 

CHAP.  LIII. 

liesolve  gvantin^  a  tax  to  the  couvties  of  Flymouth   and 
Dukes'  County,     14tli  ^uue,  1815. 

Whereas  Hie  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  Circuit  Courts  of  Common  Pleas 
for  said  counties,  have  exhibited  estimates,  made  by  said 
Courts,  of  the  necessary  charges  which  may  arise  within  the 
said  counties  the  year  ensuing,  and  of  the  sums  necessary 
to  dischaus;e  the  debts  of  the  said  counties  : 

Jiesolvpd,  'V\mt  the  sums  annexed  to  the  counties  con- 
taiued  iu  the  following  schedule  be,  and  the  same  are  here- 
by granted  as  a  tax  for  each  county  respectively,  to  be  ap- 
portioned, assessed,  paid,  collected,  and  applied  for  the  pur- 
poses aforesaid,  according  to  law  : — 

County  of  Plymouth,  the  sum  of  three  thousand  nine  hun- 
dred and  eighty-nine  dollars  and  forty  one  cents,     39S!J  41 

County  of  Dukes'  County,  eight  hundred  dollars,    800  00 

CHAP.  LIV. 

Resolve  estahlishing  the  pay  of  the  Lieutenant- Governor, 

.  Secretary  and  Treasurer  of  the  Commonivealth, 

14th  June,  1815. 

Hesolved,  That  there  be  allowed  and  paid  out  of  the  Trea- 
sury of  this  Commonwealth,  to  his  Honor  the  Lieutenant- 
Governor  thereof,  the  sum  of  five  hundred  and  thirty-three 
dollars  and  thirty-three  cents,  in  full  for  his  salary  for  one 
year  from  the  thirty-first  day  of  May  last  past. 

Also  to  Alden  Bradford,  Ksq.  Secretary  of  this  Common- 
wealth, the  sum  of  two  thousand  dollars,  as  and  for  his  sa- 
lary for  one  year  from  the  sixth  day  of  June  instant,  he  the 
said  Secretary  to  be  accountable,  at  the  end  of  said  year, 
for  all  the  fees  of  office  he  shall  have  received. 

And  likewise  to  John  Trecothick  Aptliorp,  Esq.  Treasur- 
er and  Receiver«Greneral  of  the  said  Commonwealth,   the 


J.  KUHN— J.  G.  BARNATID.— JMwe  14,  1815.     59 

sum  of  two  thousand  dollars,  as  and  for  liis  salary  for  one 
year  from  the  sixth  day  of  June  current  ;  and  that  all  the 
aforesaid  salaries  be  paid  quarterly  as  they  shall  become 
due. 


CHAP.  LV. 

JResolve  for  the  pay  of  Jacob  Kuhn,  Messenger,  S350. 
14th  June,  1815. 

Resolved^  That  there  be  allowed  and  paid  out  of  the  pub- 
lic Treasury,  to  Jacob  Kuhn,  three  hundred  and  fifty  dol- 
lars, for  the  present  year,  commencing  the  thirtieth  day  of 
May  last,  to  be  in  addition  to  the  sum  of  four  hundred  dol- 
lars allowed  him  by  a  resolve  of  March  S6th,  1793,  estab- 
lishing the  pay  of  the  Messenger  of  the  General  Court, 


CHAP.  LVI. 

Resolve  granting  to  Jacob  Kuhn,  Messenger  to  the  General 
Court,  SI 000,  for  the  purchase  nf  fuUf  ^c.  for  the  go- 
vernment.    14th  June,  1815. 

llesolved,  Tliat  tliere  be  paid  out  of  the  Treasury  of  this 
Commonwealth,  to  Jacob  Kuhn,  Messenger  of  the  General 
Court,  the  sum  of  one  thousand  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  Govern- 
or and  Council  Chamber,  the  Secretary's,  Treasuiev's,  Ad- 
jutant-GeneraPs  and  Quarter- Master-GeneraFs  Offices,  he 
to  be  accountable  for  the  expenditure  of  the  same. 


CHAP.  LVII. 

Resolve  establishing  the  pay  of  Jonathan  G.  Barnard,  Clerk 
in  the  Treasurer's  (fffice.     15th  June,  1815. 

On  the  petition  of  Jonathan  G.  Barnard,  Clerk  in  the 


60    J.  LOW— J.  T.  APTHORP.— Jime  15,1815. 

Treasurer's  Office,  praying  for  allowance  for  extra  servi- 
ces, and  that  his  salary  may  be  the  same  as  the  other  Clerk 
in  the  Office  : 

Resolved,  That  there  be  allowed  and  paid  to  Jonathan 
G.  Barnard  Clerk  in  the  Treasury  Office,  the  sum  of  four- 
teen hundred  dollars  per  annum,  in  quarterly  payments, 
from  the  first  day  of  the  present  month,  in  full  comp<^nsa- 
tion  for  his  services  ;  and  his  Excellency  the  Govtirior, 
with  the  advice  of  Council,  is  r&quested  to  draw  his  warrant 
on  the  Treasurer  for  the  same. 


CHAP.  LVIII. 

liesolve  providing  for  the  jpay  of  John  Low,  jun.  assistant 
Messenger.     15th  June,  1815. 

Hesolved,  That  there  be  allowed  and  paid  out  of  the 
Treasury  of  this  CommonMealth,  to  John  Low,  jun.  assist- 
ant Messeni^er  of  the  House  of  Representatives,  forty  dol- 
lars for  his  services,  in  tliat  capacity,  during  the  present 
session  of  the  General  Court. 


CHAP.  LIX. 

Resolve  granting  John  T.  Jljpthorjpy  Esq.  Jg500. 
15th  June,  1815. 

On  the  petition  of  John  T.  Apthorp,  Esq.  Treasurer  of 
the  Commonwealth,  praying  that  he  may  be  allowed  for  ex- 
tra services  in  the  duties  nf  his  office  : 

He  solved,  That  there  b?  allowed  and  paid  out  of  tlie  Trea- 
sury of  this  Commonwealth,  to  John  T.  Apthorp,  Esq.  the 
sum  of  five  hundred  dollars,  in  full  compensation  for  the  ex- 
tra services  performed  by  him  as  Treasurer  for  two  years 
past,  in  consequence  of  the  i^isiness  of  the  office  being  very 
greatly  increased  by  the  late  war  ;  and  his  Excellency  the 
Governor,  with  the  advice  of  Council,  is  requested  to  draw 
jiis  wariant  on  the  Treasurer  for  the  same. 


60V'S  MES.— COM.  ON  ACTS.— Jitne  15, 1815.     61 

CHAP.  LX. 

Governor's  Message.     15th  June,  1815. 

Gf^Yitlpmen  of  the  Senate,  and 
Gentlemen  of  the  House  of  Representatives^ 

The  Secretary  will  lay  before  you  a  letter  addressed  to 
the  Governor  and  Council,  by  the  Board  of  War,  represen- 
tin!i",  that  the  service  of  some  authorized  assent  will  be  ne- 
cessary  for  a  few  days  to  complete  the  views  of  government, 
as  understood  by  the  law  which  was  passed  at  tlie  last  ses- 
sion of  the  General  Court,  to  provide  for  the  appointment 
of  a  Hoard  of  ^V'ar  ;  the  authority  and  duties  of  which 
Board  will  cease  at  the  end  of  the  present  session  of  the 
Legislature. 

CHAP.  LXI. 

Mesolve  for  compensating  the  Committee  on  accounts. 
15th  June,  1815. 

BesolvecL  That  there  be  allowed  and  paid  out  of  the  Trea- 
sury of  this  Commonwealth,  to  the  Committee  appointed  to 
examine  and  pass  on  accounts,  presented  against  this  Com- 
monwealth, for  their  attendance  on  that  service  during  the 
present  session,  the  sums  annexed  to  their  names  respec- 
tively, in  addition  to  their  pay  as  Members  of  the  Legisla- 
ture ; — 

Hon.  Silas  Holman,  twelve  days,  twelve  dollars. 

Hon.  Jacob  Abbot,  twelve  days,  twelve  dollars. 

Daniel  Howard,  twelve  days,  twelve  dollars. 

Jaiaes  Kooinson,  twelve  days,  twelve  dollars. 

Alford  Richardson,  twelve  days,  twelve  dollars. 


OS  L.  SAYLES.— -Jtine  id,  4815. 


CHAP.  LXII. 

Resolve   authorizing  Lucy  Sayles  to  convey  certain  real 
estate  to  Elisha  Sayles.     15th  June,  1815. 

On  the  petition  of  Elisha  Sayles,  statins;  that  he  sold  and 
conveyed  to  his  son,  Ariel  Sayles,  one  undivided  half  of  his 
farm  and  buildings,  situate  in  Wrentham,  in  the  county  of 
Norfolk,  and  received  in  payment  said  Ariel's  promissory 
notes  foi  three  thousand  dollars  ;  and  that  afterwards  he 
agreed  with  liis  said  son  to  re-purchase  the  same  estate  and 
deliver  up  said  notes  in  payment  ;  and  that  in  pursuance  of 
that  agreement,  he  delivered  up  said  notes  ;  but  his  said  son 
died  without  completing  his  conveyance,  and  praying  that 
Lucy  Sayles,  Administratrix  of  the  estate  of  said  Ariel,  may- 
be authtirized  to  make  the  conveyance  ; 

Resolved,  That  the  said  l^ucy  Sayles,  Administratrix  of 
the  estate  of  said  Ariel,  be,  and  she  is  liereby  authorized  to 
convey  to  the  said  Klisha  Sayles,  the  said  undivided  half 
of  the  said  farm  and  buildings  ;  and  that  the  said  convey- 
ance shall  have  the  same  force  and  effect  as  if  it  had  been 
made  by  the  said  Ariel  in  his  life  time  in  pursuance  of  his 
said  contract. 


CHAP.  LXIII. 

Resolve  authorizing  Lucy  Sayles   to  convey  certain  real 
estate  to  James  Richardson.     15th  June,  1815. 

On  the  petition  of  James  Richardson,  stating  that  he  con- 
tracted to  purchase  of  Ariel  Sayles,  a  tract  of  land  in  Wren- 
tha»i,  in  the  county  of  Norfolk,  and  tliat  said  Ariel  died 
before  he  had  executed  a  deed  of  conveyance  of  the  same, 
and  praying  that  his  Administratrix  may  be  authorized  to 
make  and  execute  a  conveyance  of  the  same  land  ; 

Resolved,  That  Lucy  Sayles,  Administratrix  of  the  es- 
tate of  said  Ariel  Sayles,  be,  and  she  is  hereby  authorized 
to  convey,  by  a  good  and  lawful  deed,  to  the  said  James 
Richardson,  the  tract  of  land  described  in  a  memorandum, 
signed  by  the  said  Ariel  Sayles,  and  referred  to  in  the  pe- 


CLKS ROBBINS— BRADLEY— June  15, 1815.     d3 

tition  of  the  said  Rieliardson  ;  and  that  such  deed  of  con- 
veyance shall  have  the  same  force  and  effect  as  if  made  by 
the  said  Ariel  in  his  life  time  in  pursuance  of  his  said  con- 
tract. 


CHAP.  LXIV. 

Resolve  providing  for  the  pay  of  the  Clerks  of  the  two 
Houses.     15th  June,  1815. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Trea- 
sury, to  Samuel  F.  McCleary,  Clerk  of  the  Senate,  and 
Benjamin  Pollard,  Clerk  of  the  House  of  Representatives, 
two  hundred  dollars  each  ;  and  also  to  Robert  C.  Yose,  as- 
sistant Clerk  of  the  Senate,  one  hundred  and  twenty-five 
dollars,  in  full  for  their  services  in  said  offices,  the  present 
session  of  the  General  Court. 


CHAP.  LXV. 

Resolve  appointing  Hon.  Edward  H.  llohbins  to  close  the 
accounts  of  the  Board  of  War.     15th  June,  1815. 

Resolved,  That  the  Honorable  Edward  H.  Robbins  be, 
and  he  hereby  is  authorized  and  empowered  to  complete  and 
close  the  accounts  of  this  Commonwealth  a2;ainst  the  United 
States,  now  in  the  office  of  the  Board  of  War.  and  file  the 
same  in  the  Secretary's  office,  on  or  before  the  fifteenth  day 
of  July  next ;  and  for  that  purpose  to  employ  the  Secretary 
and  Clerks  now  in  that  office,  until  said  fifteenth  day  of  Ju- 
ly, if  in  his  opinion  their  services  will  be  so  Ions;  necessary, 
and  to  make  said  Secretary  and  Clerks  a  reasonable  com- 
pensation for  their  services. 


CHAP.  LXVI. 

Resolve  allowing  Samuel  A.  Bradley  BQ5,for  Ms  travel  and 
attendance  at  Court.     15th  June,  1815. 

Resolved^  That  there  be  allowed  and  paid  out  of  the  Trea- 


64     AS.— METCALF— WALCUTT.— Jwiie  15,  1815. 

sury  of  this  Commonwealth,  to  Samuel  A.  Bradley,  Esq. 
Member  of  the  House  of  Representatives  from  the  town  of 
Fryehurgh,  thirty  three  dollars  foi  his  travel,  and  thirty- 
two  dollars  for  his  attendance,  in  full,  at  the  present  session 
of  the  General  Court,  and  that  said  last  mentioned  sum  be 
set  to  the  town  of  Fryeburgh  in  the  next  State  tax  bill. 


CHAP.  LXVII. 

Resolve  allowing  pay  to  Warren  Ckafie,  Henry  Bacon  and 
Leicis  Loii\  Assistants  to  the  Messenger  of  the  General 
Court.     If7th  June,  1815. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  pub- 
lie  Treasury  of  this  Commonwealth,  to  Warren  Chase, 
Henry  Bacon  and  Lewis  Low,  Assistants  to  the  Messenger 
of  the  General  Court,  fifty  cents  per  day  each,  during  the 
present  session  of  the  Legislature,  in  addition  to  the  usual 
allowance  of  two  dollars  per  day. 


CHAP.  LXVin. 

llesolve  allowing  pay  to  Theron  MetcaJf,  F.sq.  Ileporter 
of  Contested  Elections.     15th  June,  1815. 

liesoZvet?,  That  there  be  allowed  and  pjiid  out  of  the  Trea- 
sury of  this  Commonwealth,  to  Theron  Metcalf,  Esq.  Re- 
porter of  Contested  Elections,  the  sum  of  one  hundred  and 
twenty-five  dollars,  for  his  services  during  the  present  ses- 
sion of  the  Legislature,  and  all  other  services  not  hereto- 
fore paid  for. 


CHAR  LXIX. 

Resolve  allowing  pay  to  Thomas  Walcutt. 

15th  June,  1815.  ^ 

Resolved,  Tliat  there  be  allowed  and  paid  out  of  the  pub- 
lic Treasury,  to  Thomas  Walcutt,  a  Clerk  in  the  Lobbies, 


J.  CHAMBERLAIN— COMMIS.—Jmm<^  15,  1819.     65 

for  the  assistance  of  the  Members  of  the  Legislature,  one 
hundred  dollars,  in  full  for  his  services  during  the  present 
session  of  the  General  Court. 


CHAP.  LXX. 

Resolve^  for  relief  of  John  Chamberlain,  junior, 
15th  June,  1815. 

Resolved,  That  the  Keeper  of  the  Gaol  in  Lenox,  in  the 
county  of  Berkshire,  is  hereby  authorized  and  directed  to 
set  at  liberty  John  Chamberlain,  junior,  of  Halton,  in  the 
county  of  Berkshire,  who  stands  committed  at  said  Gaol, 
on  a  warrant  of  distress  in  favor  of  the  Commonwealth,  if 
he  shall  request  it,  and  if  he  be  committed  for  no  other 
cause,  in  case  the  said  John  Chamberlain,  junior  shall  give 
bond  to  the  Commonwealth,  in  the  same  sum  and  sureties, 
and  approved  in  the  same  manner  he  would  be  required  to 
do,  were  he  to  be  admitted  to  the  liberties  of  said  Gaol,  on 
said  matter  ;  conditioned  that  he,  the  said  John  Chamber- 
lain, junior  shall  surrender  himself  to  the  Keeper  of  the 
Gaol  in  Lenox,  in  the  county  of  Berltshire,  aforesaid,  on  or 
before  the  first  day  of  March  next,  and  remain  a  true  pris- 
oner on  the  original  commitment,  as  if  he  had  not  been  set 
at  liberty  by  virtue  of  this  resolve,  unless  the  said  John 
Chamberlain,  junior  shall  be  otherwise  legally  discharged. 

And  he  it  further  resolved,  That  the  Keeper  of  the  said 
Gaol  in  the  county  of  Berkshire,  is  hereby  directed  to  re- 
ceive the  said  John  Chamberlain,  junior,  into  his  custody, 
upon  his  snrrendei'ing  himself  as  aforesaid,  and  conduct 
with  him  in  the  same  Avay  as  he  would  do,  if  he  were 
then  committed  by  the  proper  officer,  on  the  warrant  of 
distress  aforesaid. 


CHAP.  LXXL 

Resolve  for  the  appointment  of  Commissioners,  to  receive 
applications  from  the  late  Treasurer  SJcinner's  honds^ 
men  for  discharge,  S^c.     15th  June,  1815. 

On  tlie  petition  of  Simeon  Griswold  and  others,  sureties 
9 


66     SKINNER'S  BONDS YOUTS,— June  15, 1815. 

of  the  late  Treasurer,  Thompson  J.  Skinner,  praying  to  be 
discharged  from  further  liability  on  a  judgment  recovered 
against  tliem,  in  favor  of  the  Commonwealth,  on  their  bond  : 

Resolvad,  That  his  Excellency  the  Governor,  vs  ith  the 
advice  and  consent  of  Council,  be,  and  he  is  hereby  re- 
quested to  appoint  tvro  or  more  persons  as  Commissioners, 
who  shall  be  authorized  to  receive  applications  from  any, 
or  all  of  the  bondsmen  of  the  late  Treasurer  Skinner,  for 
a  discharge  from  their  liability  on  account  of  said  bond  ; 
and  said  Commissioners,  when  so  appointed,  shall,  at  the 
cost  and  expense  of  such  applicants,  examine  the  said  ap- 
plicants, under  oath,  or  otherwise,  as  to  the  property  which 
they  now  possess,  or  to  which  they  are  in  any  way  or  man- 
ner entitled,  and  as  to  any  conveyance  or  other  disposition 
of  property  made  by  them,  or  either  of  them,  since  the  de- 
fault of  said  Skinner  was  ascertained,  and  to  report  to  this 
Legislature  such  facts  as  they  may  deem  material,  and 
their  opinions  upon  what  terms  and  conditions  the  said 
persons,  or  either  of  them,  shall  be  discharged  from  the 
demands  of  the  Commonwealth,  with  powers  to  send  for 
persons  and  papers. 

Be  it  further  resolved,  That  the  bodies  of  said  bonds- 
men shall  not  be  arrested  on  the  said  demand  of  said  Com- 
monwealth, until  the  first  day  of  March  next. 


CHAP.  LXXII. 

Mesolve  respecting  the  care  of  the  Forts,  recently  erected 
by  the  Commonwealth  of  Massachusetts.  15th  June, 
1815. 

Mesolved,  That  the  Quarter-Master  General  be,  and  he 
hereby  is  authorized  and  directed  to  employ  some  suitable 
person  or  persons  to  take  care  of,  and  prevent  injury  to  the 
Forts,  recently  erected  by  this  Commonwealth,  in  Boston 
and  its  vicinity,  at  Portland,  and  elsewhere ;  and,  that  he 
be  further  authorized  and  directed  to  adopt  such  measures 
as  may  be  necessary,  to  repair  such  injuries  as  may  already 
have  happened  to  the  Forts  aforesaid,  and  to  the  Barracks 
and  other  Buildings  connected  with  the  same. 


WARD  LOCKE.—Jitwe  15,  1815.  67 


CHAP.  LXXIII. 

Resolve  for  the  'payment  of  Ward  Locke,  Assistant  to  the 
Messenger  of  the  Governor  and  Council.  15th  June, 
1815. 

llesolved,  That  there  be  allowed  and  paid  out  of  the 
public  Treasury  of  this  Commonwealth,  to  Ward  Locke, 
the  sum  of  two  dollars  and  fifty  cents  for  each  and  every 
day  he  may  have  been  employed  as  Assistant  to  the  Mes- 
senger of  the  Grovernor  and  Council,  the  present  session  of 
the  Creneval  Court. 


ROLL  No.  73.... June,  1815. 

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

REPORT,  That  there  are  now  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 
mentioned,  which  is  respectfully  submitted. 

SILAS  HOLM  AN,  ^er  order. 
PAUPER  ACCOVJ^TS. 

Adams,  for  board  and  clothing  sundry  paupers,  to 

22d  May,  1815,  101  19 

Alford,  for  board,  clothing  and  doctoring  the  fam- 
ily of  Oliver  Spaulding,  until  they  left  the 
town,  January,  1815,  113  55 

And  over,  for  board  and  clothing  sundry  paupers, 

to  11th  February,  1815,  17162 

Augusta,  for  board,  clothing,  doctoring  and  nur- 
sing sundry  paupers,  to  S4th  May,  1815,  70  55 

Belgrade,  for  board,  clothing,  doctoring  and  nur- 
sing Abigail  Odin,  to  7th  May,  1815,  31^  78 

Blanford,  for  boarding  and  clothing  Samuel  Wal- 
ker, to  1st  Februaiy,  1815,  75  00 

Becket,  for  board,  clothing,  doctoring  and  nur- 
sing sundry  paupers,  to  S2d  May,  1815,  85  68 

Bellingham,  for  board  and  clothing  Nathan  Free- 
man and  wife,  to  1st  May,  1815,  83  00 

Bristol,  for  board  and  clothing  William  How,  to 

1st  May,  1815,  67  SO 

Belchertown,  for  board,  clothing  and  doctoring 
John  Stoughton,  Melinda  Tatsou  and  Margaret 
Jewet,  to  30th  May,  1815,  GO  90 

Bradford,  for  board  and  clothing  Joshua  L.  Al- 

sters,  to  5th  June,  1815,  36  50 

Brookfield,  for  board  of  Jonas  Benton,  to  2d  May, 
1815,  and  George  Mandel  till  his  death,  and  fu- 
neral  charges,  48  38 


PAUPER  ACCOUNTS.  69 

Barre,  for  error  in  account  passed  January  ses- 
sions, 1815,  35  00 

Bradford,  Samuel,  keeper  of  the  gaol,  county  of 
Suffolk,  for  support  of  poor  prisoners  confined 
for  debt,  to  31st  May,  1815,  S33  13 

Beverly,  for  board  and  clothing  sundry  paupers, 

to  1st  June,  1815,  311  81 

Boxborough,  for  board  and  clothing  John  McCoy, 

to  22d  May,  1815,  65  10 

Boston,  for  board  and  clothing  sundry  paupers, 

to  1st  June,  1815,  7533  81 

Carlisle,  for  board  and  clothing  Robert  Barber, 

toSSth  1815,  '       25  51 

Colrain,  for  board  and  clothing  sundry  paupers, 
to  25th  May,  1815,  7^  33 

Chesterfield,  for  board  and  clothing  Adam  Hamil- 
ton, Rachel  Polly  and  daughter,  to  21st  May, 
1815,  68  01 

Conway,    for  board   and   nursing  Henry  Simi- 

man,  till  his  death,  and  funeral  charges,  S3  67 

Chester,  for  board  of  Daniel  Slad  and  wife,  to 
23d  April,  1815,  and  Lemuel  Culver,  to  21st 
February,  1815,  90  07 

Cheshire,  for  board  and  clothing  sundry  paupers, 

to  23d  May,  1815,  246  88 

Cape  Elizabeth,  for  board   and   clothing  James 

Ramsbottom,  to  21st  May,  1815,  31  50 

Camden,  for  board  and  clothing  John  Bloom,  to 

7th  June,  1815,  30  50 

Charlestown,  for  board  and  clothing  sundry  pau- 
pers, to  10th  June,  1815,  87  43 

Concord,  for  board  of  George  Black,  to  1st  April, 

1815,  19  86 

Durham,  for  board,  clothing  and  doctoring  sun- 
dry paupers,  to  1st  June,  1815,  351  50 

Danvers,  for  board  and  clothing  sundry  paupers, 

to  6th  June,  1815,  526  72 

Dartmouth,  for  board  and  clothing  John   Quani- 

ville,  to  20th  May,  1815,  64  53 

Dedham,  for  board,  clothing  and  doctoring  sun- 
^  dry  paupers,  to  l6th  February,  1815,  53  63 

Elliot,  for  board  and  clothing  Jacob  Brewer  and 

Abigail  Randall,  to  30th  xilay,  1815,      ^  43  70 


70  PAUPER  ACCOUNTS. 

Edgartown,  for    board   and   clothing    Anthony 

Chadwick,to  17th  May,  1815,  91  01 

Friendship,  for  board  of  Martha  Bigmore,  to  3d 

June,  1815,  20  90 

Franklin,  for  board,  clothing  and  nursing  Tho- 
mas Bare,  to  Sd  June,  1815,  35  SI 

Grandby,  for  board  to  Ebenezer  Darwin,  to  19th 

May,  1815,  33  92 

Gill,  for  board  and  clothing  Sarah  Hamilton,  to 

S7th  1815,  65  96 

Granville,  for  board  and  clothing  George  Taylor, 

and  Archibald  Stewart,  to  1st  June,  1815,  46  06 

Greenwich,  for  board,  clothing  and  doctoring  sun- 
dry paupers,  to  23th  May,''l815,  190  90 

Gloucester,  for  board  and  clothing  sundry  pau- 
pers, to  10th  May,  1815,  1114  00 

Hancock,  for  board  and  clothing  sundry  paupers, 

to  1st  June,  1815,  118  39 

Hardwick,  for  board  and  clothing  Hannah  Mor- 
gan, to  1st  June,  1815,  84  61 

Hodgkins,  Joseph,  for  board  and  clothing  sun- 
dry insane  persons  in  the  house  of  correction, 
and  allowance  as  keeper  of  said  house  by  Court 
of  Sessions,  333  30 

Kingston,  for  supplies  to  Eliza  Kenny  and   two 

children,  to  May  26th,  1815,  20  34 

Lincolnville,  for  board  and  clothing  sundry  pau- 
pers, to  24th  May,  1815,  72  37 

Leyden,  for  board,  clothing  and  doctoring  sundry 

paupers,  to  20th  May,  1815,  47  45 

Lenox,  for  board  and  clothing  sundry  paupers,  to 

g5ih  May,  1815,  95  38 

Limington,  for  board  and  clothing  John  Orian,  to 

31st  December,  1814,  67  20 

Lee,  for  board  and  clothing  sundry  paupers,  to 

25th  May,  1815,  156  09 

Levant,  for  board  and  supplies  to  Lawrence  Hook, 

to  16th  May,  1815,  51  75 

Lanesborough,  for  board  and  clothing  sundry  pau- 
pers, to  1st  June   1815,  80  45 

Montague, for  board,  clothing  and  nursing  Joshua 

Searl,  to  18th  May,  1815,  57  50 


PAUPER  ACCOUNTS.  71 

Merrill,  John,  for  doctoring  sundry  prisoners  con- 
fined in  gaol  for  criminal  offences,  to  January, 
1815,  94  00 

Machias,  for  board  and  clothing  Anthony  Piper 

and  Moses  Wheaton,  to  1st  June,  1815,  49  50 

Marshfield,  for  board,  clothing  and  nursing  Phil- 
lis  Mitchell,  to  S3d  May,  1815,  till  the 'time  of 
her  death,  65  08 

Marblehead,  for  board  and  clothing  sundry  pau- 
pers, to  6th  June,  1815,  120  70 

Norwich,  for  board  and  clothing  Daniel  Wil- 
liams, to  29th  May,  1815,  19  80 

Northfield,  for  board  of  Amos  Riley,  to  S5th  May, 

1815,  17  25 

New- Salem,  for  board  and  clothing  Philip  Hoven, 

to  3d  April,  1815,  45  23 

Northampton,  for  board,  clothing  and  doctoring 

sundry  paupers,  to  22d  May,  1815,  211  21 

New-Ashford,  for  board  and  nursing  Elisha  and 
Rebecca  Mosher,  to  1st  May,  1815, 

Newburyport,  for  board  and  clothing  sundry  pau- 
pers, to  1st  June,  1815, 

Newbury,  for  board  and  clothing  sundry  paupers, 
to  1st  June,  1815, 

Newry,  for  board  and  clotbing  William  Burk,  to 
10th  May,  1815, 

Peru,  for  board  of  James  and  Olive  Robbins,  to 

25th  May,  1815,  36  15 

Pepperell,  for  board,  clothing  and  nursing  Robert 

13.  Minchin,  to  23d  May,  1815,  44  18 

Pittsfield,  for  board,  clothing  and  doctoring  sun- 
dry paupers,  to  1st  June,  1815,  250  75 

Plymouth,  for  board,  clothing  and  doctoring  sun- 
dry paupers,  to  4th  June,  1815,  297  96 

Portland,  for  board  and  clothing  sundry  paupers, 

to  1st  June,  1815,  1079  73 

Rutland,  for  board  and  clothing  William  Hender- 
son, to  1st  June,  1815,  27  82 

Rowe,  for  board  and  clothing  Betsy  Carpenter,  to 
15th  May,  1815, 

Rowley,    for  board  and  clothing  Benning  Dow 

and  Ella  Collins,  to  28th  May,  |815;  75  43 


75  00 

1645  53 

1200  73 

22  63 

28  00 


73  PAUPER  ACCOUNTS. 

Roxbury,  for  board  and  clothing  sundry  persons, 

to  3d  June,  1815,  .  SS7  40 

Swansey,   for  board  and  clothing  James  Grarnet 

and  Garret  Berns,  to  S7th  May,  1815,  45  00 

Sharon,  for  board  and  clothing  Elizabeth  Ellis,  to 

24th  August,  1815,  S8  01 

Somerset,  for  board  and  clothing  William  Elliot, 

to  1st  January,  1815,  25  78 

Sutton,  for  board  and  clothing  Isabella  Santee's 

children,  to  4th  June,  1815,  68  84 

Sandisfield,  for  board  of  Richard  Dixon  and  wife, 

to  1st  June,  1815,  23  39 

South  Berwick,  for  board  and  clothing  Lemuel 

Wood,  to  SiUh  May,  1815,  22  60 

Sandwich,  for  board,  clothing  and  doctoring  Rich- 
ard Crouch  and  Rebecah  Simonds,  to  7th  June, 
1815,  120  41 

Salisbury,  for  board  and  clothing  Mary  Curtis, 

to  3d  June,  1815,  40  55 

Springfield,  for  support  of  sundry  paupers,  to  17th 

May,  1815,  96  89 

Tisbury,  for  board,  doctoring  and  nursing  John 

Watson,  till  he  left  tlie  town,  7th  January,  1814,       36  20 

Upton,   for  board  and  clothing  Roswell  Farrar 

and  E.  O.  Farrar,  to  1st  May,  1815,  43  92 

Uxbridge,   for  board  of  sundry  paupers,  to  23d 

May,  1815,  63  65 

Vassalborough,  for  board,  doctoring  and  nursing 
Abigail  Fairbrother  and  Gustavus  Fellows,  to 
16th  May,  1815,  66  32 

Windsor,  for  board,  clothing  and  doctoring  Hen- 
ry Smith,  and  wife,  to  24th  May,  1815,  71  80 

Walpole,  for  board,  doctoring  and  nursing  Eliza- 
beth Ellis,  to  1st  June,  1815,  44  30 

Wrentham,  for  board,  doctoring  and  nursing  Dan- 
iel Fitzgeiald,  to  27th  May,  1815,  36  00 

Westfield,  for  board  and  clothing  John  Newton 
and  wife,  and  Theodotia  Gillet,  to  31st  May, 
1815,  and  Samuel  Gibson,  till  his  death,  113  40 

Wftshington,  for  board  and  clothing  Richard  Rig- 
by,  to  22d  May,  1815,  19  33 

Western,  for  board  and  clothing  Eliza  Trim,  to 

26th  May,  1815,  53  95 


MILITARY  ACCOUNTS.  73 

Westbrook,  for  board  of  James  Burnes,  to  23d 

May,  1815,  62  70 

Waldoboroiigb,  for  board,  clotbing    and  nursing 

Phillip  and  John  Handell,  to  6th  June,  1815,       200  00 

Wilbraham,    for  board,   nursing   and    doctoring 

GideonLewis,  till  he  left  the  town,  March,  1815,       50  55 

Westhampton,  for  board  of  John  Gay  and  wife, 

to  3d  June,  1815,  "  52  50 

Worcester,  for  board  and  clothing  sundry  pau- 
pers, to  1st  June,  1815,  137  55 

West  Springfield,  for  board,  clothing  and  doctor- 
ing suttdry  paupers,  to  18th  May,  1815,  and 
James  Aldrich,  till  he  left  the  town,  85  95 

Williamstown,  for   board    and    clothing  sundry 

paupers,  to  1st  June,  1815,  75  l-i 

York,  for  board  and  clothing  sundry  paupers,  to 

1st  June,  1815,  209  95 

Yarmouth,  for  board  and  nursing  Nancy  Weaver, 

till  5th  October,  1814,  when  she  left  the  tow^i,       17  43 


Total  Paupers,         21,186  94i 
MILITARY  ACCOUJSTTS. 

Courts  Martial  and  Courts  of  Inquiry, 

Howard,  Samuel,  for  the  expense  of  a  Court  Mar- 
tial, held  at  Hallowell,  January,  1815,  where- 
of Colonel  David  McGaffy  was  President,  372  71 

Howard,  Samuel,  for  the  expense  of  a  Court  Mar- 
tial, held  at  Augusta,  March,  18 1 5,  whereof 
Colonel  J  ames  Waugh  was  President,  278  68 

Fogg,  Simon,  for  the  expense  of  a  Court  Martial, 
held  at  Alfred,  July,  1814,  whereof  Colonel 
John  Mitehel  was  President,  214  69 


868  08 


Brigade-Majors  and  Aids -de -Camp. 


Burbank,  Gardner,  to  3d  November,  1814,  50  20 

Blake,  James,  to  1st  October,  1814,  iOl  60 

10 


74<  MILITARY  ACCOUNTS. 

Blisli,  Joseph,  jun.  to  SSth  December,  18141, 
Clrip,  Ebenezer,  to  19th  June,  18-4, 
Dunbar,  William,  to  1st  April,  1815, 
Dutch,  Ebenezer,  to  26th  May,  1815, 
DeAvey.  Charles,  to  7th  October,  1814, 
Fogg,  Simon,  to  1st  December,  1814, 
Faies,  Samuel  C.  to  1st  October,  1814, 
Mayward,  Nathan,  to  7th  February,  1815, 
Goodwin,  Marston  J.  to  S7th  April,  1815, 
Hubbel,  Calvin,  to  17th  January,  1815, 
Hoyt;  Epaphras,  to  1st  January,  1815, 
Right,  William,  to  1st  December,  1814, 
Mattoon,  Noah  D   to  S4th  January,  1815, 
Newton,  Rejoice,  to  10th  December,  1814, 
Osgood,  Joshua  B.  to  1st  January,  1815, 
Osgood,  Francis,  to  4th  January,  1815, 
Pope,  Thomas,  5tli  Division,  to  S9tli  May,  1815, 
Pope,  lliomas,  to  16th  October,  1814, 
Kussell,  Edward,  to  15th  April,  1815, 
Starr,  James,  jun.  to  19th  December,  1814, 
Sawtell,  Richard,  to  16th  January,  1815, 
Thayer,  Minot,  to  15th  October, *^1814, 
Verunm,  Benjamin,  to  ISth  August,  1814, 
"Wingate,  Joseph,  F.  to  7th  February,  181.5, 
Woods,  Sampson,  to  6th  January,  1815, 
Whiting,  Timothy,  P.  to  1st  October,  1814, 


81 

73 

83 

48 

76 

0 

12c> 

84 

51 

22 

50 

75 

83 

95 

162  00 

116  73 

49  49 

^"t 

11 

84  SO 

31 

43 

33 

55 

39 

70 

50 

45 

60  77 

56 

50 

113 

69 

80 

50 

69  73 

49 

05 

25 

20 

80 

00 

87 

00 

138 

50 

S090  47 


JBingade  Quarter-Masters. 

'Brastow,  Samuel,  to  1st  October,  1814,  15  60 

Jldjiitants, 

Allen,  Samuel,  jun.  to  1st  November,  1814,.  22  07 

Avery,  Joshua,  to  3Cth  January,  1815,  124  32 

Ames,  George,  to  5th  October,  1814,  •  30  78 

Adams,  Charles,  to  15th  September,  1814,  35  47 

Bradley,  Enoch,  jun.  to  20th  January,  1815,  24  10 

Bliss,  John,  to  lOth  January,  1815,  37  54 

Bosworth,  Sherman,  to  17th  May,  1815,  28  91 


MILITARY  ACCOUNTS.  "Td 

Bigelow,  Tyler,  to  SOtli  January,  !8I5,  95  57 

Bordurtha,  Harvey,  to  ;>th  December,  1814,  19  G2 

Bradbury,  William,  to  15th  April,  1815,  1 1   23 

Buruham,  Thomas,  to  i9th  November,  1814,  43  ^it 

Baueroft.  William,  to  2ist  September,   1814,  43  97 

Brewer,  Daaiel,  C.  to  24th  November,  1814,  52  91 

Backus,  Zenas,  to  lOth  December,  1814,  77  11 
Boyd,  VVilliam,  to  6th  June,  1815,                      •        71   56 

Gushing,  Ned,  to  3d  June,  1815,  87  78 

Curtis,  Joseph  to  Sd  December,  1814,  24  31 

Clark,  Samuel,  to  6th  February,  1815,  92  23 

Colman,  Daniel,  to  loth  December,  1814,  33  58 

Cutts,  William,  to  15th  January,  1815,  15  88 

Clark,  Joseph,  to  29th  November,  1814,  72  03 

Couch,  Daniel,  to  3 1st  May,  1815,  l4  23 

Carleton,  William,  to  24th  October,  1814,  34  14 

Chase,  Thomas,  L.  to  27th  April,  *815,  19  25 

Chase,  James,  to  21st  November,  181*,  10  95 

Cobb,  Charles,  to  1st  October,  1814,  30   13 

Carter,  Willis,  to  24th  December,  1814,  23  65 

Chamberlain,  William,  B.  to  15th  May,  1815,  8  64 

Champney,  John,  to3lst  May,  1815,  46  23 

Child,  Jonathan,  to  5th  March,  1815,  70  24 

Draper,  William,  to  1st  January,  1815,  63   19 

Emery,  Moses,  to  1st  January,  1815,  29  38 

Eells,  Samuel,  to  7th  November,  1814,  124  27 

Fisk.  Ezra,  to  1 0th  January,  1815,  48  93 

Farrer,  David,  to  1st  January,  1815,  26  70 

fxilbreth,  John,  to  1st  June,  1815,  51  28 

Gilmore,  Rufus.  to  1st  January,  .815,  30  75 

Gitchel,  Ephraim,  to  3d  January,  1815,  73  2i 

Goodwin,  Andrew,  to  24tli  January,  1815,  33  00 

Henshavv,  Samuel,  to  30tii  May,  1815,  20  87 

Hilton,  Joshua,  to  9th  September,  1814,  179  63 

Hammon,  Jonathan,  juu.  to  20th  May,  1815,  4  29 

Hale,  Enoch,  jun.  to  1st  February,  1815,  65  38 

Hayes,  John,  jun.  to  4th  December,  1814,  48  80 

Hanson,  John,  B.  to  20th  April,  1815,  42  44 

Jewett,  Jesse,  to  16th  January,  1815,  27  00 

Jeff'erds,  Nathaniel,  to  30th  September,  1814,  28  88 

Kieth,  Cyrus,  to  3d  June,  i815,  ]^y  30 

Kingman,  Simon,  to  2d  June,  1815,  91  36 

Keith,  Joseph,  to22d  May,  1815,  39  1(5 


76  MILITARY  ACCOUNTS. 

Kiiiglit,  Jonathan,  to  lOtli  April,  1815,  4  99 

liibby,  Nathaniel,  to  19th  September,  1814,  54  17 

Lariebee,  AVilliam,  to  20th  September,  1814,  36  74 

Lewis,  Fhilo,  to  2d  September,  1814,  21  38 

Lunt,  Peter,  to  1st  October,  1S14<,  14  75 

Marstou,  Jonathan,  to  30th  November,  1814  58  50 

Mitchcl,  Isaac,  to  7th  October,  1814,  40  90 

Needham,  Joseph,  H.  to  31st  December,  1814,  63  73 

Necdham,  Harvey,  to  7th  April,  1815,  18  57 

Nye,  .loseph,  to  2d  December,  1814,  40  38 

Orr,  Hector,  to  12th  December,  1814,  98  65 

Ormsby,  Abraham,  jun,  to  2d  January,  1815,  52  33 

Poor,  Daniel,  A.  to  12th  October,  1814,  28  84 

Page,  Jesse,  to  1st  October,  1814,  38  74. 

Porter,  David,  K.  to  13th  September,  1814,  28  61 

Parker,  Joseph,  to  24th  February,  1815,  16  55 

Porter,  Horace,  to  17th  January,  1815,  35  09 

Parsons.  William,  jun.  to  15th  January,  1815,  51  09 

Bice,  Alvin,  to  14th  October,  1814,  24  55 

Scammon,  John,  ¥.  to  I6th  January,  1815,  15  66 

Smitli,  Henry,  to  12th  October,  1814,  13  89 

Sexton,  George,  to  13th  September,  1814,  '18  15 

Stirapson.  James,  to  28th  December,  1814,  21  63 

Saylcs,  Richard,  to  8th  February,  1815,  50  55 

Sampson,  John,  to  26th  May,  1815,  18  02 

Sampson,  Joseph,  to  28th  May,  1815,  19  03 

Shepard,  Robert,  to  14th  June,  1815,  61  92 

Sears,  Joseph,  to  11th  January,  1815,  22  85 

Shattuck,  Daniel,  to  4th  January,  1815,  64  28 

Thompson,  Charles,  to  19th  January,  1815,  I87  09 

Tobey,  James,  to  18th  December.  1814,  33  37 

;robey,  Elisha,  to  27th  Decem])er,  18 i4,  66  01 

Trail,  J.  to  20th  October,  1814,  15  38 

Turner,  John,  P.  to  l/th  September,  1814,  37  35 

Tainter,  Harvey,  to  13th  May,  1815,  9  36 

Weed,  Jared,  to  11th  January,  1815,  43  37 

Williams,  John,  to  3d  October,  1814,  108  84 

Washburn,  Cromwell,  to  29th  October,  1814,  51  33 

Williams,  Lemuel,  to  30th  September,  18i4,  70  70 

W^inter,  Samuel,  to  4th  November,  1814,  1 1  90 

Ware,  Jason,  to  3d  June,  4815,  S3  28 


SliFS.  CORONERS  AND  PRINTERS'  ACTS.    ^7 

Expenses  for  Horses  to  haul  *S.rtillery, 

Joy,  Noah,  to  1st  October,  ^814,  5  00 

Kelly,  SylvaDUs,  to  19tli  May,  1814,  5  00 

Partridge,  Nathan,  to  33d  September,  1814,  5  00 

Smith,  Edmund,  M.  to  34th  February,  1815,  15  00 

Thaxter,  Jonathan,  to  23d  February,  1815,  16  00 

46  00 

Courts  Martial,  &c.  866  08 

Brigade. xMajors,  &c.  3090  47 

Quarter-Masters,  15  60 

Adjutants,  4309  18 

Expenses  for  Artillery  Horses,  46  00 

Total  Military,    72^7  33 

SHERIFFS  J1J\^1)  COROJVERS'  ACCOUJ^TS, 

Adams,  Moses,  Sheriff  of  Hancock  county,  for 
distributing  precepts  and  returning  votes,  to 
April,  1815,  98  00 

Dean,  Abiezer,  Coroner  of  Bristol  county,  for  in- 
quisition and  burial  of  a  stranger,  February, 
1815,  "         17  75 

Hayward,  Nathan,  Sheriff  of  Plymouth  county, 

for  returning  votes,  to  15th  May,  1815,  13  07 

McMellen,  John,  Sheriff  of  Oxford  county,  for 

returning  votes,  to  May,  1815,  11  20 


Total  Sheriffs  and  Coroners,     140  03 
FRLYTERS'  ACCOUJVTS. 

Burrell  &  Tileston,  for  printing  Laws,  for  the 

year  ending  July,  1814,  45  67 

Bangs,  T.  Gr.  for  printing  for  government,  per  or- 
der, to  June,  1815,  33  00 

Gushing,  Thomas  C.  for  printing  Laws,  to  June, 

1815,  16  67 

Cheever,  Nathaniel,  for  printing  Laws,  for  the 

year  1814,  16  67 


ys  MISCELLANEOUS  ACCOUNTS. 

Chickering,  Jabez,  for  priiiting  for  government, 

per  order,  to  1st  June,  1815,  236  71 

Dickerman,  Thomas,  for  printing  Laws,  for  the 

year  1814,  25  42 

House,  E.  Gr.  for  printing  20t)0  copies  of  Trea- 
ties with  England,  by  order  of  government, 
March,  1815,  175  00 

Hale,  Nathan,  for  printing  Laws,  for  the  years 

1813—1814,  34  09 

Lindsey,  Benjamin,  for  printing  Laws,  to  May, 

1815,  16  67 

Russell,  Benjamin,    for  printing  Laws,  for   the 

year  1814,  16  67 

Russell,  Benjamin,  for  printing  for  government, 

to  10th  June,  1815,  2953  70 

Tileston,  Ezra  B.  for  printing  for  the  Agricul- 
tural Society,  to  10th  June,  1815,  196  60 

Total  Printers,     3766  87 
MISCELLAJ^EOUS  ACCOUJVTS. 

Apthorp,  John  T.  Treasurer  of  the  Common- 
wealth, for  sundries,  per  account,  for  govern- 
ment, 

Bacon,  Henry,  for  assisting  the  Messenger  of  the 
General  Court,  to  15th  June,  1815, 

Burditt,  James  W.  for  sundry  stationary  furnish- 
ed the  government,  per  order,  to  15th  Febru- 
ary, 1815, 

Bradford  &  Read,  for  stationary  furnished  the  go- 
vernment,  to  June,  1815, 

Chase,  Warren,  for  assisting  the  Messenger  of 
the  General  Court,  to  15th  June,  1815, 

Hurant,  William,  for  sundry  glazing  at  the  State 
House,  to  30th  May,  181*5," 

Pane,  Nathan,  for  services  in  collecting,  arrang- 
ing and  publi-hing  the  Colony  and  Province 
Laws,  to  25  111  January,  1815,  357  21 


97  80 

36 

00 

34 

32 

75 

55 

36 

00 

7  25 

MISCELLANEOUS  ACCOUNTS.  79 

Ouarclians  of  Dudley  Indians,  for  balance  due 
them  the  19th  January,  1815,  which  sum  the 
Treasurer  is  directed  to  charge  said  Indians 
with,  and  deduct  the  same  from  the  sum  due 
them  from  the  Commonwealth,  320  ^S 

Kuliu,  Jacob,  for  balance  due  liim  on  the  13th 
June,  1815,  over  and  above  the  several  grants 
made  him  by  the  General  Court,  ISl*!  and 
1815,  S5  90 

Low,  Lewis,  for  assisting  the  Messenger  of  the 

General  Court,  to  15th  June,  18(5,  33  00 

McCleary,  S.  F.  for  making  index  to  sundry 
journals,  per  order  of  government,  to  10th  June, 
1815,  125  83 

Munroe,  Francis   &  Parker,  for  binding  sundry 

books,  per  order,  to  June,  1815,  7  75 

Knapp,  Samuel,  L.  for  services  on  Committees 
during  recess,  balance  of  former  account,  June, 
1815,  11  25 

Thompson,  James,  for  sundries   furnished   the 

State  House,  per  order,  to  9th  June,  1815,  77  28 


Total  Miscellaneous,     1244  91 

Aggregate  of  Roll  J\*o.  73. 

Expense  of  State  Paupers,  21,186  94 

Do.       of  Militia,  7,22/  33 

Do.       of  Sheriffs  and  Coroners,  140  02 

Do.       of  Printers,  3,766  87 

Do.       of  Miscellaneous,  1,244  91 

33,566  07 

Mesolved,  That  there  be  allowed  and  paid  out  of  the  pub- 
lie  Treasury,  to  the  several  Corporations  and  persons  men- 
tioned in  this  Roll,  the  sums  set  against  such  Corporations 
and  persons'  names  respectively,  amounting  in  the  whole, 


80  AGGREGATE  OF  ROLL. 

to  the  sum  of  thirty-three  thousand,  five  hundred  sixty-six 
dollars  and  seven  cents,  the  same  being  in  full  discharge  of 
the  accounts  and  demands  to  which  they  refer. 

In  Senate,  June  15f/i,  1815. 
Read  and  accepted,  sent  down  for  concurrence. 
JOHN  PHILLIPS,  President. 

In  the  House  of  Representatives,  June  \bth,  1815. 
Read  and  concurred, 

TIMOTHY  BIGELOW,  Sjpealcer. 

June  \M,  181 5. ...Approved. 

CALEB  STRONG, 


COMMONWEALTH  OF  MASSACHUSETTS. 


Secretarii^s  Office,  October  ^th,  1815* 

By  tills  I  certify,  that  tlie  Resolves,  Sec.  contained  in  this  pamphlet,  which  we?e 

passed  at  the  June  Session,  1815,  have  been  compared  with  Uie  originals,  in  tliis  Office, 

and  appear  to  be  correct. 

ALDEN  BRADFORD, 

Secretary  of  the  Common-wealth, 


RESOLYES 


OF  THE 


GENERAL    COURT 


OF  THE 


PASSED  AT  THEIR  SESSION, 

WHICH  COMMENCED  ON  "\VEDXESDAY,  THE  TENTH  DAY  OF  JANUARY, 
AND  ENDED  ON  THE  FIFTEENTH  OF  FEBRUARY,  1816 


Published  agreeably  to  a  Re.iolve  ofl6th  Januan'.  181' 


JB  OSTOMY. ■ 

pnii-TKll  BY  Ecssr.i-r,  cdtlek,  a^td  co.  fou  ben-jami.v  nvSST.LZ, 
pnixTr.n  to  thi;  state. 

1816. 


RESOLVES 


GENERAL  COURT  OF  MASSACHUSETTS, 

PASSED  AT  THEIR  SESSIOJ^, 

WHICH  COMMENCED  ON  TH»  TENTH  DAY  OP  JANUARY,  AND  ENDED 
ON  THE  FIFTEENTH  DAY  OF  FEBRUARY,  A.  D.  1816. 


GOVERNOR'S  MESSAGE. 


REPRESENTATIVES'  CHAMBER,  JANUARY  10th,  1816 

At  12  o'clock,  the  Secretary  of  the  Commonwealth  came 
down  from  the  Council  Chamber  to  the  Senate  and  House 
of  Representatives,  with  the  following  MESSAGE  from 
his  Excellency  the  Governor  : 

Gentlemen  of  the  Senate,  and 
Gentlemen  of  the  House  of  Representatives f 

I  HAVE  received,  since  the  close  of  your  former  ses- 
sion, by  order  of  the  Secretary  of  State,  twenty. eight  boxes, 
containing  tlie  laws  of  the  United  states,  for  the  use  of  this 
Commonwealth  ;  they  are  deposited  in  the  office  of  the 
Secretary,  to  be  disposed  of  according  to  the  directions  of 
the  Legislature, 


84  GOVERNOR'S  MESSAGE. 

By  a  resolve  of  the  1 5th  June,  one  of  the  members  of  the 
late  board  of  war  was  authorized  to  complete  and  close  the 
accounts  of  this  Commonwealth  against  the  United  States,  in 
the  oiBce  of  that  board,  and  file  the  same  in  the  Secretary's 
ofiiee.  It  appears  by  his  letter,  that  t::e  service  was  season- 
ably performed  : — This  letter,  together  with  the  adjutant 
general's  annual  return  of  the  militia  of  the  state  ;  and  the 
c]uarter-ma«ter  general's  return  of  the  ordnance  and  militaiy 
stores  belonging  to  this  commonwealth,  and  of  the  arms  and 
munitions  of  war  which  weie  loaned  to  several  towns  and 
individuals,  and  which  have  not  been  returned  into  the  pub- 
lie  arsenal,  will  be  laid  before  you  by  the  secretary.  He 
will  also  deliver  you  a  letter  from  the  quarter  master-gene- 
ral, stating  divers  circumstances  relating  to  his  department, 
which  will  require  your  attention. 

Within  tlie  last  three  years,  more  than  one  hundred  acts 
of  the  General  Court  have  been  passed,  to  incorporate  per- 
sons for  the  purpose  of  carrying  on  manufactures  of  differ- 
ent kinds  ;  in  some  of  these,  and  other  similar  establishments, 
children  are  employed  at  an  early  age,  before  they  have  re- 
ceived the  education  which  is  usual  in  our  English  Schools  ; 
and  it  may  be  expedient  for  the  Legislature  to  require,  that 
effectual  measures  be  taken  for  the  instruction  of  such  chil- 
dren. This  would  be  no  disadvantage  to  our  new  branches 
of  manufacture,  which  I  have  no  doubt  you  will  be  disposed 
to  encourage,  and  which  seem  to  be  entitled  to  that  protec- 
tion, which  can  be  afforded  to  them  only  by  the  national 
legislature. 

The  careful  education  of  youth  is  an  object  of  the  highest 
importance,  as  well  to  the  government,  as  to  every  individ- 
ual ;  a  due  regard  to  it,  is  the  most  effectual  method  to  pre- 
vent the  commission  of  crimes,  and  uphold  order  and  just 
authority'.  At  this  period,  when  they  are  most  susceptible 
of  virtuous  impressions^  if  they  are  left  without  cultivation 
or  restraint,  they  will  entail  upon  their  country  an  endless 
series  of  mischiefs.  But  if  their  minds  are  enlightened  by 
education,  as  they  advance  in  life,  they  will  understand  and 
duly  estimate  their  rights  ;  they  will  be  able  to  judge  of  the 
characters  and  motives  of  men,  and  distinguish  between  the 
honest  zeal  of  patriotism,  and  the  intemperate  heat  of  party 
spirit ;  and  will  acquire  such  information,  as  will  enable 
them  to  exercise  the  rights,  and  perform  the  duties  of  citizens? 
in  a  free  s;overnment,  with  steadiness  and  discretion. 


GOVERNOR'S  MESSAGE.  85 

yrom  the  ease  with  which  new  regulations  may  be  intro- 
duced, perhaps  we  are  in  danger  of  treating  the  ancient  forms 
and  usages  of  the  state  with  too  little  respect.  The  people, 
generally,  have  a  peculiar  attachment  to  those  laws  and  cus- 
toms which  have  been  long  established,  and  conform  to  them 
more  from  habitual  regard,  than  through  fear  of  punishment. 
Unnecessary  additions  to  their  number,  or  frequent  altera- 
tions, would  diminish  their  authority,  and  lay  a  foundation 
for  a  multitude  of  litigious  suits.  While,  therefore,  we  en- 
courage  a  spirit  of  genuine  improvement,  let  us  do  justice 
to  the  usages  which  we  and  our  fathers  have  approved,  and 
guard  against  a  temper  of  unceasing  innovation  ;  let  us  cher- 
ish those  principles  of  government,  and  those  systems  of  ed- 
ucation, which  have  been  derived  to  us  from  our  ancestors ; 
and  especially  the  institutions  which  have  a  tendency  to  pre- 
serve in  the  minds  of  the  people,  that  reverence  for  the  I)ei- 
ty,  without  which,  neither  public  nor  private  virtue  can  sub- 
sist, nor  the  welfare  of  a  community  be  secured. 

A  state  of  peace  is  highly  favorable  to  the  improvement 
and  prosperity  of  the  people,  and  affords  the  best  security 
for  the  continuance  of  their  freedom.  Our  remote  situation 
from  Europe,  might  lead  us  to  expect,  that  we  should  sel- 
dom be  in  danger  of  foreign  war  ;  but  such  expectations  may 
prove  delusive.  In  every  country,  some  persons  will  be 
found,  of  a  restless  temper,  who  are  always  dissatisfied  with 
a  state  of  tranquility  ;  and  there  are  many,  who  eagerly  wish 
for  a  share  in  those  numerous  and  lucrative  offices  and  con- 
tracts, which  appertain  to  a  s^tate  of  war.  These  men  may 
employ  themselves  in  attempts  to  excite  animosity  in  the 
minds  of  the  people,  against  nations  with  whom  we  are  at 
peace,  and  whose  friendship  is  beneficial.  Indeed,  when 
the  country  is  engaged  in  war,  there  may  be  some  apology 
for  adopting,  in  our  publications,  the  language  of  boasting 
and  irritation,  with  a  view  to  recommend  the  measures  of 
the  government.  But  when  war  is  at  an  end,  if  we  persist 
in  personal  resentment,  and  endeavor  to  perpetuate  a  spirit 
of  enmity  against  a  people  for  whom  our  government  pro- 
fesses friendship,  we  manifest  a  depraved  and  malevolent 
temper  :  such  conduct  cannot  proceed  from  any  honourable 
motive  ; — it  is  equally  unjust  and  impolitic,  and  can  only 
lend  to  transmit  our  odious  passions  to  future  times,  and  en- 
tail upon  our  children  implacable  hatred,  and  never  ending 
hostility. 


86  GOVERNOR'S  MESSAGE. 

But  there  may  be  danger  of  war  from  a  higher  source.  In 
almost  every  government,  there  is  a  party,  even  in  the  pub- 
lic councils,  who  wish  to  signalize  their  term  of  office  by 
some  splendid  action,  or  some  acquisition  of  territory,  how- 
ever useless  it  may  be  ;  they  are  anxious  to  provide  for  their 
numerous  friends  and  dependents,  by  multiplying  public  of- 
fices, and  augmenting  the  patronage  of  the  government  ;  and 
they  are  willing  to  extend  its  powers,  which  are  always  en- 
larged in  a  state  of  war,  in  proportion  as  the  public  taxes, 
and  the  number  of  standing  troops  are  increased.  Besides, 
governments,  strengthened  by  a  large  military  force,  are  then 
often  tempted  to  assume  powers,  which  are  wholly  incon- 
sistent with  civil  liberty.  The  people  may  also  be  involved 
in  foreign  wars,  to  suspend  disputes  or  complaints  which 
arise  at  home;  or  to  piomote  the  success  of  one  pcditical  party 
against  the  other;  or  perhaps  from  the  mere  impulse  of  preju- 
dice or  passion.  But  when  a  war  spirit  predominates,  from 
whatever  cause,  there  will  soon  be  found  some  occasion  for 
hostilities.  Events  frequently  happen  in  the  intercourse  of 
nations,  which  furnish  a  specious  pretence  for  designing 
men,  to  excite  the  passions  of  t!ie  people  and  dispose  them 
to  a  rupture.  'I'hey  may  affect  great  zeal  for  the  interest  of 
their  own  country,  and  proportional  indignation  against  those 
powers,  whose  measures  are  supposed  to  obstruct  it.  In 
such  cases,  it  will  be  hardly  possible  to  avoid  war,  if  at  the 
same  time,  the  people  are  flattered  with  an  ostentatious  dis- 
play of  their  resnurceSj  and  hear  nothing  but  what  tends  to 
excite  their  vanity,  or  inflame  their  resentment. 

In  the  motives  for  making  war,  self  interest  has  often  a 
controling  influence  ;  under  the  pretence  of  regard  to  na- 
tional honour,  rulers  are  too  frequently  inclined  to  discove- 
supposed  insults  and  injuries  where  none  wrre  intended. 
Instead  of  listening  patiently  to  arguments  in  favor  of  peace, 
or  reflecting  how  greatly  they  themselves  may  be  deceived 
in  appreciating  their  own  motives  and  actions,  they  rashly 
declare  war,  and  sacrifice  many  thousand  lives,  when  by  a 
short  delay,  and  a  candid  negotiation,  the  supposed  injuries 
might  have  been  fully  explained  or  expiated. 

Nor  does  our  form  of  government  afford  us  any  assurance 
of  uninterrupted  peace.  Republics  of  very  limited  extent, 
and  surrounded  by  powerful  nations,  are  chiefly  attentive  to 
their  ow  n  safety  ;  and  have  seldom  an  opportunity  of  indul- 
ging the  sipirit  of  conquest.     Bat  wherever  that  spirit  pre- 


GOVERNOR'S  MESSAGE.  87 

vails,  whether  in  republics  or  monarchies,  it  is  cruel,  rapa- 
cious and  insatiable.  During  the  whole  period  of  the  Ro- 
man Commonwealth,  that  people  were  almost  constantly  en- 
gaged in  wars  with  the  adjoining  Slates  ;  in  most  of  theii 
wars  they  were  themselves  the  aggressors,  and  were  readj 
to  gratify  their  ambition  and  avarice  at  the  expense  of  neigh 
bouring  nations,  against  whom  they  had  no  reasonabU 
ground  of  complaint. 

In  republics,  ambition  is  the  great  source  of  crimes  and 
misfortunes.  It  is  frequently  possessed  by  the  favorites 
and  pretended  friends  of  the  people  ;  who,  notwithstanding, 
when  actuated  by  this  impulse,  lose  their  sentiments  of  jus- 
tice and  regard  to  the  welfare  of  their  country ;  and  seem 
to  have  no  sense  of  public  calamities,  unless  they  suffer 
themselves,  or  their  family  connexions,  or  party  influence, 
are  affected. 

Althou2;h,  as  members  of  this  government,  we  can  havei 
no  immediate  agency  in  producing  wars,  or  preventing 
them  ;  yet,  so  far  as  we  have  influence  in  choosing  the  offi- 
cers of  the  national  government,  we  may  and  ought  to  em- 
ploy it.  in  selecting  those  who  are  distinguished  for  integri- 
ty, moderation,  and  invariable  attachment  to  the  lights  of 
the  citizens  and  the  public  good.  I  hope  the  United  States 
will  be  saved  from  the  guilt  of  unjust  and  offensive  wars  ; 
but  we  shall  have  little  ground  to  flatter  ourselves  with  the 
expectation  of  durable  tranquility,  until  the  rulers  of  the 
world  are  governed  by  disinterested  motives,  and  the  pas- 
sions of  avarice  and  ambition  are  controled  by  a  better 
spirit. 

On  this  occasion,  gentlemen,  will  you  indulge  me  in  a 
few  remarks  which  relate  chiefly  to  myself  ? 

If  we  had  been  in  a  tranquil  state  during  the  last  four 
years,  I  should  not  have  been  a  candidate  for  any  public 
office  ;  but  having  been  again  called  upon,  I  hoped  to  be 
capable  of  performing  any  service  that  might  be  assigned 
me,,until  our  affairs  should  be  in  a  more  peaceful  train,  and 
the  difficulties  which  embarrassed  the  government  of  the 
state  should  be  diminished.  That  period  is  now  arrived, 
and  the  infirmities  of  age  make  it  necessary  for  me  to  re- 
tire, as  soon  as  conveniently  may  be,  from  public  business. 
Permit  me,  therefore,  to  say  to  you.  gentlemen,  and  through 
you  to  our  constituents,  that  I  decline  to  be  a  candidate  for 
(he  office  of  Governor  at  the  next  el-^^tion,     I  ibank  mv 


88  GOVERNOR'S  MESSAGE. 

fellow  citizens  for  tlie  many  proofs  they  have  given  me  of 
their  conlUience,  and  especially  for  their  candor,  in  doing 
justice  to  the  motives  b>  which  I  was  influenced  in  the 
coin^e  of  the  late  war.  I  hope  the  people  of  this  state, 
will  in  all  fntiire  times  be  unitetl  in  sentiments  of  mutual 
£;ood  will ;  and  may  the  Almighty,  wlio  protected  our 
fathers,  be  the  guide  and  defence  of  their  children,  in  this, 
and  every  succeeding  generation. 

CALEB  STRONG. 

Council  Cliamher,  January  iOth,  1816, 


RESOLVES 

January,  1816. 


CHAP.  LXXIV. 

Resolve  granting  1^700,  to  the  Messenger  of  the  General 
Court  to  purchase  fuel.     11th  January,  1816. 

Resolved,  That  there  be  paid  out  of  the  Treasury  of  this 
Commonwealth,  to  Jacob  Kuhn,  Messenger  of  the  General 
Court,  the  sum  of  seven  hundred  dollars,  to  enable  him  to 
purchase  fuel,  and  such  other  articles  as  maj  be  necessary 
for  the  use  of  the  General  Court,  together  with  the  Govern- 
or and  Council  Chamber,  the  Secretary's,  Adjutant-Gene- 
ral's and  Quarter- Master-GeneraFs  Offices,  he  to  be  ac- 
countable for  the  expenditure  of  the  same. 


CHAP.  LXXV. 

Resolve  for  'printing  and  distributing  a  new  volume  of  the 
Public  Latcs.     l6th  January,  1816. 

Resolved,  That  the  Secretary  of  this  Commonwealth  be 
authorized  and  required  to  contract  with  some  person  or  per- 
sons, on  reasonable  conditions,  for  printing  thirteen  hundred 
copies  of  the  Public  Acts  of  this  Commonwealth,  now  in  force, 
which  have  been  passed  since  February,  eighteen  hundred 
and  seven,  and  to  include  those  als©  which  mav  be  passed 


90    SECRET AHY—W.  SULLIVAN,— Jarz.  16, 1816. 

by  the  present  General  Court ;  and  also  for  binding  tlie  same 
in  one  volume,  to  conform,  in  size,  type  and  paper,  to  those 
last  published  by  order  of  this  Commonwealth,  with  a  sui- 
table index  thereto. 

Jnd  be  it  further  resolved,  That  when  the  said  volumes 
shall  be  printed  and  bound,  as  aforesaid,  the  same  shall  be 
distributed  from  the  Secretary's  Office,  in  the  same  manner, 
and  on  the  same  conditions,  as  are  pointed  out  in  a  Resolve-* 
passed  January  31st,  A.  D.  1807. 


CHAP.  LXXVL 

liesolve,  directing  the  Secretary  to  deliver  Laws,  ^c.  to  the 
toicn  of  Sebec.     16th  January,  18i6. 

On  the  petition  of  the  Selectmen  of  the  town  of  Sebec, 
stating  that  a  portion  of  the  Laws  and  Resolves  of  the  Ge- 
neral Court,  Avhich  were  committed  to  the  care  of  the  late 
Charles  Hammond,  Esq.  for  said  town,were  destroyed  or  car- 
ried away  by  the  troops  of  Great  Britain,  in  their  late  invasion 
of  the  county  of  Hiincock,  and  praying  that  the  same  may 
be  replaced  by  the  Commonwealth  : 

Resolved,  That  the  prayer  of  said  petition  be  granted,  and 
that  the  Secretary  of  the  Commouwealth  be  directed  to  fur- 
nish to  the  use  of  said  town  of  Sebec  such  portion  of  the 
Laws,  Resolves  and  Reports  of  the  Commonwealth  as  were 
committed  to  the  said  Charles  Hammond,  Esq.  for  their 
use,  and  destroyed  or  carried  awa^,  as  aforesaid. 


CHAP.  LXXVIJ. 

]S,esolve  on  the  jJetltion  of  William  Sullivan,  Mministrator 
of  tlie  estate  of  John  Gray.     I8tli  January,  1816. 

On  the  petition  of  William  Sullivan  of  Boston,  in  the 
county  of  Suffolk,  in  the  ca[)acity  of  Administrator  de  bonis 
non,  with  the  will  annexed,  of  the  estate  of  John  Gray,  late 
of  said  Boston,  rope  maker,  deceased,  praying  leave  to  sell 
certaiu  real  estates,  of  which  the  said  John  Gray  died  siezed 
and  possessed— 


WIT.LIAM  SULLIVAN.— JTaji.  18,  1816.        91 

Resolved,  That   the  said  William  Sullivan  be,  and  he 
hereby  is,  fully  authorized  and  empowered  to  sell  at  public 
or  private  sale  the  whole  of  the  aforesaid  real  estates,  which 
are  described  as  follows — viz  :  First — apiece  of  land  bound- 
ed   southeastwardly   on    Purchase-street,  there   measuring 
thirty-three  feet  six  inches  :  southwestwardly  on  land  of 
Thomas  Dawes,  Esq.  onja  hundred  arid  nine  feet  and  five 
inches  :  northwestwardly  on  High-street,  there  measuring 
twenty-nine  feet  nine  inches  :  northeastwardly  on  otlier  land 
of  said  John  Gray    next  hereinafter  described,  and  there 
measuring  in  a  straight  line  between  the  aforesaid  streets 
one  hundred  twenty-seven  feet  and  six  inches.     Second  — 
a  piece  of  land  bounded  southeastwardly  on  Purchase-street, 
there  measuring  one  hundred  and  six  feet :  southwestwardly 
on  the  piece  of  land  herein  before  described,  and  there  mea- 
suring one  lipndred  and  twenty-seven  feet  and  six  inches  : 
northwestwardly  on  High-street,  there  measuring  one  hun- 
dred and  nine  feet  and  seven  inches:  northeastwardly  by  a 
straight  line  from  High-street  to  Purchasestreet,  bounding 
on  land  belonging  to  Lamb,  and  land  of  Stimpson,  and  land  of 
Clouston,  and  land  formerly  of  the  heirs  of  Savage,  measu- 
ring on  this  line  one  hundred  fifty-five  feet  three  inches. — 
Third — A  piece  of  land  situate  on  Atkinson-street  and  High- 
street    bounded  and  desciibed  as  follows  :  Beginning  at  a 
corner  of  land  of  Honorable  Peter  C.  Brooks,  and  bounded 
southwestwardly  on  Atkinson-street  one  hundred  and  two 
feet  and  seven  inches  till  it  comes  to  the  corner  on  High- 
street  :  then  bounded  northwestwardly  on  High-street  eighty- 
three  feet :  then  bounded  northeastwardly  on  land  of  Francis 
Wright's  heirs  one  hundred  and  thirty  feet  and  three  inches  : 
tlien  bounded  southeastwardly  on  land  of  Peter  C.  Brooks, 
Esq.  seventy-five  feet  and  three  inches      And  the  said  Wil- 
liam Sullivan  is  hereby  authorized  and  empowered  to  make, 
sign,  seal,  execute,  acknowledge  and  deliver  good  and  suf- 
ficient deed  or  deeds  to  pass  and  convey  all  the  right,  title, 
interest  and  estate,  which  the  said  John  Grray,  deceased,  had 
in  the  aforesaid  lands,  to  any  purchaser  or  purchasers  thereof: 
Provided,  He,  the  said  Sullivan  shall  be  first  duly  sworn, 
and  shall  give  bonds  to  the  satisfaction  of  the  Judge  of  Pro- 
bate for 'the  county  of  Suffolk,  faithfully  and  impartially  to 
execute  the  authority  so   given  him  :  and  to  pay  over  and 
distri!)ute  the  proceeds  of  sale,  as  the  said  Judge  of  Probate 
may  deevee  ;  and,  jjrnvided,  also,  That  said  Sullivan  give 


93    GOV'S  MES.— S.  PHILLIPS.— Jaw.  18,  48 < 6. 

public  notice  of  sale,  by  advertising  the  same  three  weeks 
successively  in  three  different  newspapers  printed  in  Boston, 
the  first  of  faid  publications  to  be,  at  least,  twenty  days  be- 
fore the  sale  of  said  lauds,  or  any  part  thereof. 


CHAP.  LXXVIQ. 

GentJpmen  of  the  SpnatP,  and 
Gpntlempii  of  the  House  of  Hppresentatives, 

The  Honorable  General  Cobb  has  requested  permission 
to"  resign  his  office  of  Major- General  of  the  Tenth  Division 
of  the  MiliHa  of  this  Commonwealth,  for  reasons  which  have 
been  deemed  sufficient — his  resignation  has  therefore  beeu 
accepted. 

CALEB  STRONG. 

Council  Chamljer,  January  18tli,  1816. 


CHAP.  LXXIX. 

Resolve  on.  the  petition  of  Sarah  Phillips,  one  of  the  Graf- 
ton Indians.      19th  January,  18l6. 

Whereas  a  Resolve  passed  the  Legislature  of  this  Com- 
tiionwealth,  ou  the  twenty-eight  day  of  January  last,  empow- 
ering AsaGoodale,  Trustee  of  the  Grafton  Indians,  to  sell  a 
part  of  the  real  estate  of  Sarah  Phillips,  one  of  said  Indians, 
and  appropriate  the  interest  arising  on  the  proceeds  of  the 
sale  thereof,  for  her  support ;  and  whereas  the  said  Sarah 
Phillips  has,  by  her  petition,  requested  leave  for  the  said 
Trustee  to  appropriate  a  part  of  the  proceeds  of  said  sale,  for 
her  benefit  and  support : 

Therefore  resolved,  That  the  said  Asa  Goodale,  Trustee 
as  aforesaid,  or  his  successor  in  that  trust,  be,  and  hereby  is 
empowered  to  appropriate  a  part,  or  the  whole  of  the  pro- 
ceeds of  said  sale,  for  the  comfort  and  support  of  the  said 
Sarah,  and  likewise  to  pay  such  necessary  debts,  heretofore 
contracted  for  her  support,  as  he  shall  think  proper. 


SEC— J.  MILLER— H.  G.  OTIS.— Jan.  SO,  1816.     93 


CHAP.  LXXX. 

Resolve  for  the  Secrptary  to  deliver  the  Term  Reports  to 

the  Attorney  and  Solicitor  General. 

SOth  January,  181 6. 

'Resolved.  That  the  Secretary  of  the  Commonwealth  be 
directed  to  deliver  to  the  Attorney  General  an  Solicitor 
General  of  this  Commonwealth,  one  set.  each,  of  the  Mas- 
sachusetts Term  Reports,  now  remaining  in  his  oflBce,  and 
not  otherwise  appropriated. 


CHAP.  LXXXI. 

Resolve  on  the  petition  of  Joseph  Miller,  as  Executor  of  the 
estate  of  John  Wyetli.     20th  January,  1816. 

On  the  petition  of  Joseph  Miller,  as  Executor  of  the  last 
will  and  testament  of  John  Wyeth.  late  of  Cambridge,  in 
the  county  of  Middlesex.  Gentleman,  deceased,  relating  to 
the  affidavit  of  the  notice  by  him  given  of  his  appointment  to 
and  acceptance  of  said  trust  ; 

Resolved,  For  the  reasons  and  parposes  in  said  petition 
stated,  that  the  prayer  thereof  be  granted  ;  and  that  said  af- 
fidavit by  him,  said  Executor,  made  of  said  notice,  and  now 
recorded  in  the  Registry  of  Probate  in  and  for  said  county 
of  Middlesex  as  therein  alleged,  shall  be  admissable  evi- 
dence of  the  time  place  and  manner  said  notice  was  given 
by  him,  although  the  same  was  not  made,  filed  and  recorded 
w  ithin  the  time  therefor  limited  by  law,  any  law  to  the  con- 
trary notwithstanding. 


CHAP.  LXXXIL 

Resolve  on  the  petition  of  Harrison  G.  Otis.  Adminisfrator 
of  the  estate  of  Mary  Boylston,  ^ate  of  Boston,  deceased, 
20th  January,'  18 16. 

On  the  petition  of  Harrison  Gray  Otis,^\dministrator,  with 


9^1     H.  G.  OTIS— J.  PARKER.— Jflw.  20,  1816. 

the  will  annexed,  of  the  estate  of  Mary  Boylston,  late  of 
]5oston  iu  the  county  of  Suffolk,  deceased,  praying  leave 
to  sell  certain  real  estate  taken  by  him  in  his  said  capacity 
in  execution. 

Resolved,  For  reasons  set  forth  in  said  petition,  that 
said  Harrison  Gray  Otis  be,  and  hereby  is  authorized  to  sell 
at  public  or  private  sale,  as  he  may  judge  most  for  the  in- 
terest of  all  concerned,  certain  pieces  of  land,  lying  in 
Princeton,  in  the  county  of  Worcester,  upon  w^hich  an  ex- 
ecution in  favor  of  said  Otis,  Administrator  as  aforesaid,  a- 
gainst  the  estate  of  Moses  Gill,  late  of  said  Princeton, 
Esquire,  deceased,  was,  on  the  twenty  first  day  of  April  last 
past,  extended,  as  by  the  record  of  said  execution  and  re- 
turn in  the  office  of  the  Clerk  of  the  Supreme  Judicial  Court 
for  the  county  of  Suffolk  fully  appears — and  to  make  and  ex- 
ecute good  and  sufficientdeeds  thereof  to  the  purchaser  orpur- 
chasers  ;  and  to  pay  over  and  distribute  the  proceeds  of  such 
salesjconformablytosuch  order  or  decree  as  may  hereafter  be 
made,  touchins;  the  same  by  the  Judge  of  Probate  for  the 
county  of  Suffolk,  in  the  same  manner  as  if  said  debt  from 
said  Gill  had  been  received  by  him  in  money — said  Otis 
first  giving  bond  to  the  satisfaction  of  said  Judge  of  Probate, 
with  condition  that  the  same  shall  be  sold  by  him  bonafide 
for  the  best  advantage  of  all  concerned  ;  and  that  the  pro- 
ceeds thereof  shall  be  distributed  agreeably  to  the  provisions 
of  this  Resolve. 


CHAP.  LXXXIII. 

Resolve  on  the  vetition  of  John  Parker,  Administrator  of  the 
estate  of  William  Richardson,  late  of  Lexington,  deceas- 
ed,    SOth  January,  1816. 

On  the  petition  of  John  Parker,  as  Administrator  of  the 
estate  of  William  Richardson,  late  of  Lexington,  in  the 
county  of  Middlesex,  yeoman,  deceased,  intestate,  relating 
to  the  sale,  which  he,  in  his  said  capacity,  pursuant  to  a  li- 
cense of  the  Circuit  Court  of  Common  Pleas,  for  the  mid- 
dle circuit,  therefor,  made,  at  public  auction,  on  the  25th 
day  of  April,  A.  D.  1814,  of  all  said  deceased's  right,  title 
and  interest,  in  and  to  divers  parcels  of  real  estate,  situate 
in  Needham,  in  tlie  county  of  Norfolk,  to  wit,  of  one  undi^ 


SUSANNA  WHITE.— Jaw.  SO,  1816.  95 

vided  forty- eigbtb  part  thereof;  and  to  the  affidavit  therein 
mentioned  by  him  since  made  of  said  sale  and  his  proceed- 
ings relative  thereto  and  now  recorded  in  the  Registry  of 
Piobate  in  and  for  said  county  of  Middlesex — 

Resolved,  For  the  reasons  and  purposes  in  said  petition 
stated,  that  the  prayer  thereof  be  granted,  and  that  said  af- 
fidavit by  him  made  of  said  sale  and  his  proceedings  relating 
thereto,and  now  recorded  in  said  Registry, as  therein  alleged, 
shall  be  admissible  evidence  of  said  sale  and  proceedings, 
although  the  same  was  not  made  and  recorded  as  aforesaid, 
within  the  time  limited  by  law,  any  law  to  the  contrary  not- 
withstanding. 


CHAP.  LXXXIY. 

Mesolve  on  the  petition  of  Susanna  Wliite,  Mministratrix  of 

the  estate  of  Moses  White,  deceased, 

20th  January,  1816. 

On  the  petition  of  Susanna  White,  of  Windsor,  in  the 
county  of  Windsor,  in  the  state  of  Vermont,  widow,  as  Ad- 
ministratrix of  the  estate  of  Moses  White,  late  of  V*  ater- 
town,  in  the  county  of  Middlesex,  in  the  Commonwealth  of 
Massachusetts,  Esquire,  deceased,  intestate,  relating  to  the 
sale  which  she,  in  her  said  capacity,  pursuant  to  a  license 
granted  by  the  Supreme  Judicial  Court  therefor,  made,  at 
public  auction,  on  the  sixteentli  day  of  June,  A.  D.  1813,  of 
divers  parcels  of  the  real  estate  of  said  deceased,  and  to  the 
affidavit  therein  mentioned,  by  her  since  made  of  said  sale 
and  her  proceedings  relating  thereto,  and  now  recorded  in 
the  Registry  of  Probate  in  and  for  said  county  of  Middlesex  ; 

Resolved,  For  tlie  reasons  and  purposes  in  said  petition 
stated,  that  the  prayer  thereof  be  granted,  and  that  said  affi- 
davit, by  her  made,  of  said  sale  and  her  proceedings  relating 
thereto,  and  now  recorded  in  said  Registry,  as  therein  al- 
leged, shall  be  admissible  evidence  of  said  sale  and  proceed- 
ings, although  the  same  was  not  made  and  recorded  as  afore- 
said, within  the  time  limited  by  law,  any  law  to  the  contra- 
ry notwithstanding. 


96    J.  GOULD-ITREASURER.— Jaw.  20,  1816. 


CHAP.  LXXXV. 

Mesolve  on  the  petition  of  Amos  Gould,  of  Ipswich,  relating 
to  Grammar  School.     20th  January,  1816. 

On  the  petition  of  Amos  Gould,  of  Ipswich,  in  the  coun- 
ty of  Essex,  yeoman,  praying  that  the  Feoffees  of  the  Gram- 
mar School  in  said  Ipswich  may  be  authorised  and  empow- 
ered to  convey  and  confirm  to  him  one  half  part  of  an  old 
common  right  in  Turner's  Hill  Pasture,  called  Turner's 
Hill  Eight,  in  Ipswich  aforesaid,  numbered  twelve — there- 
fore,  for  reasons  set  forth  in  said  petition, 

Resolvedf  That  the  said  Feoffees  be,  and  they  hereby  are, 
authorized  and  empowered  to  make,  execute  and  deliver  to 
said  Gould  a  good  and  suflBcient  deed  of  said  half  part  of 
the  common  right  aforesaid  ;  which  deed,  duly  acknowled- 
ged and  recorded,  shall  be  valid  to  convey  and  give  a  good 
title  to  said  half  right:  Prov  ded,  said  Gould  shall  release 
all  right  of  action  for  and  on  account  of  one  half  part  of  an 
old  common  right  numbered  four,  in  said  Pasture,  against 
the  heirs,  devisees  or  assigns  of  Judah  Goodhue,  yeoman, 
and  Rachel  Goodhue,  widow,  both  of  said  Ipswich,  which 
said  Gould  may  or  can  have  against  them,  by  virtue  of  their 
deed  to  Josiah  Lamson,  dated  twenty-eighth  day  of  June, 
one  thousand  eight  hundred  and  six. 


CHAP.  LXXXVI. 

Resolve  authorizing  the  Treasurer  to  transfer  the  stock  of 
the  United  States  issued  in  the  name  of  this  State  to  the 
Boston  Bank.     23d  January,  1816. 

On  the  representation  of  the  Treasurer  of  this  Common- 
wealth, 

Resolved,  For  reasons  stated  in  said  representation,  that 
IheTrcasurer  of  thisCommonwealth  be,  and  hereby  is  author- 
ized to  transfer  to  the  Boston  Bank,  from  time  to  time,  all 
such  proportions  of  the  Stock  of  the  United  States,  issued 
or  to  be  issued  in  the  name  of  the  Commonwealth,  in  pay- 
ment of  the  principal  or  interest  of  the  Stock  now  standing 


W.  CHASE— H.  RATHBONE.— Jaw.  S2,  1816.    99 

in  the  name  of  the  Commonwealth,  as  the  said  Roston  Bank 
are  entitled  to,  in  virtue  of  their  Charter  and  existing  LawSp 
or  of  any  agreement  made  with  the  Commonwealth. 


CHAP.  LXXXVII. 

Hesolvp  on  the  petition  of   Warren  Chase^  assistant  to  the 
Messenger  of  the  General  Court.     22d  January,  1816. 

On  the  petition  of  Warren  Chase,  assistant  to  the  Mes- 
senger of  the  General  Court, 

liesolvedf  That  there  be  allowed  and  paid  out  of  the  pub- 
lic Treasury  of  this  Commonwealth,  to  Warren  Chase,  as 
assistant  to  the  Messenger  of  the  General  Court,  the  sum  of 
thirty  six  dollars  in  full  for  his  services  to  this  day. 


CHAP.  LXXXVIII. 

Resolve  on  the  petition  of  Hepzibah  Ratlibone,  Administra- 
trix of  the  estate  of  Reverend  Valentine  W.  Rathbone. 
S2d  January,  1816. 

On  the  petition  of  Hepzibah  Rathbone,  Administratrix  o!i 
tlie  estate  of  the  Reverend  Valentine  Wightman  Rathbone, 
and  Samuel  Rathbone,  Guardian  of  the  minor  children  of 
the  said  Valentine,  praying  that  she  the  said  Hepzibah,  in 
her  said  capacity  of  Administratrix,  may  be  authorized  and 
empowered  to  make  and  execute  a  deed  of  sale  to  one  Bar- 
zillai  Hayward,  of  Bridgewater,  in  the  county  of  Plymouth^ 
physician,  of  about  ten  acres  of  land,  with  the  buildings 
thereon  standing;,  situate  in  Bridgewater  aforesaid,  being 
the  same  lands  and  buildings,  of  which  the  said  Valentine 
W.  Rathbone  died  siezed  : 

Resolved,  For  reasons  set  forth  in  the  petition,  that  the  said 
Hepzibah  Rathbone,  in  her  said  capacity  of  Administratrix 
as  aforesaid,  be,  and  she  liereby  is  empowered  to  make  and 
execute  to  the  said  Barzillai  Hayward,  a  deed  of  the  afore- 
said ten  acres  of  land  and  buildings  ;  which  said  deed  shall 
vest  in  him,  the  said  Barzillai  Hayward,  his  heirs  and  as- 
signs  forever,  all  the  right,  title  and  interest,  which  the  said 
Valentine  W.  Rathbone  had  therein  nt  the  time  of  his  death. 


100       SAMUEL  EASTMAN.— Jan.  S3,  1816. 


CHAP.  LXXXIX. 

Resolve  on  the  jJetition  of  Samuel  Easlman,  ^Administrator 

of  the  estate  of  Lewis  Howe,  late  of  Hardwick. 

'sStlJanuary,  1816. 

Jiesolved,  Fov  reasons  set  forth  in  said  petition,  tliat  the 
said  Samuel  Eastman  be,  and  lie  hereby  is  authorized  and 
empov/ered  to  make  and  execute  to  Jason  Mixter,  a  good 
and  sufficient  deed  of  a  certain  tract  of  land  in   Hardwick 
aforesaid,  bounded  as  follows,  viz  :  —  beginning  at  the  south 
east  corner  of  the  premises,  at  a  stake   and  stones  by  the 
north  side  of  the  Turnpike  road,  about  forty  rods  west  of 
Potash- Brook ;  theiicc   north,  twenty  nine  and  one  fourtU 
degree  east,  eight  rods  and  seven  links  ;  thence  west,  thirty 
five  and  one  third  degree  north,  forty  one  rods  to  the  turn- 
pike road  aforesaid  ;  thence  by  said,  road,  forty  two  and  one 
half  rods,  to  the  first  mentioned  corner,  containing  one  acre. 
Mso,  That  the  said  Samuel  Eastman  be,  and  he  hereby 
f  s  authorized  and  empowered  to  make  and  execute  to  Ezra 
Ruggles,  a  good   and  sufficient  deed  of  a  certain  tract  of 
land    on  the  west  side  of  the  common  in  said  Hardwick, 
and  adjoining  the  same  ;  bounded  as  follows,  viz.  beginning 
at  the  northeast    corner  of  the  premises,  and  the  southeast 
corner  of  Samuel  Hathaway^s  land,  at  a  stake  and  stones : 
thence  south,  five  degrees  west,  twenty-six  rods,  to  the  turn- 
pike road  aforesaid ;  thence  north  forty-three  degrees  west, 
by  said  road  twenty-one  rods  ;  thence  north,  five  and  one 
half  degrees  east,  thirteen  rods  and  five  links  ;  thence  east, 
five  degrees  south,  tlfteen  rods  and  sixteen  links  to  the  first 
mentioned  corner,  containing  two  acres.  Which  deeds,wiieii 
so  made  and  executed,  to  the  said  Jason  Mixter  and  Ezra 
Huggles,  sliall  be  as  good  and  effectual  in  law  as  if  the  said 
Lewis  Howe,  in  his  life  time,  had  made  and  executed  the 
same. 


RANDALL— BETHEL.— J«w.  S3,  1816.       l(5i 


CHAP.  XC. 

liesolve  on  the  petition  of  Elizabeth  Randall. 
S3d  January,  is  16. 

Resolved,  That  all  right,  title  or  claim  to  the  real  estate 
mentioned  in  said  petition,  which  the  Commonwealth  of  Mas- 
sachusetts has  or  might  have,  in  consequence  of  the  alienage 
of  John  Randall,  deceased,  and  of  the  said  Elizabeth  Ran- 
dall, previous  to  her  having  been  naturalized,  be,  and  the 
same  is  hereby  released  to  the  said  Elizabeth,  her  heirs  and 
assigns  forever. 


CHAP.  XCL 

'Resolve  making  valid  the  proceedings  of  the  town  of  BetheL 
23d  January,  18 I 6. 

On  the  petition  of  the  town  of  Bethel,  in  the  county  of 
Oxiord,  setting  forth  that  the  town  meetings  in  said  town 
since  the  year  1812,  had  been  illegal,  that  said  meetings 
were  not  legallj-  warned,  that  the  clerks  of  said  town  had 
omitted  to  record  the  seals  of  the  Selectmen's  warrants  for 
calling  the  meetings,  and  that  the  (*olleetor  of  Taxes  for  the 
year  1814  was  not  legally  chosen  by  said  town,  and  praying 
that  the  proceedings,  acts  and  doings  in  the  aforesaid  parti» 
Gulars  may  be  rendered  valid. 

Resolved,  That  the  proceedings  aforesaid  of  the  town  of 
Bethel  and  of  said  Collector  of  Taxes,  be  made  valid  and 
effectual  in  law  to  all  intents  and  purposes,  as  if  the  same 
had  been  done  and  transacted  according  to  the  laws  of  this 
Commonwealth;  in  such  cases  made  and  provided. 


ids    Ec  EMERSON— S.  DIKE.— Jan.  24.,  1816« 


CHAP.  XCTI. 

MesnlvPf  authorizing  Ebenezer  Emerson  to  sell  real  estate 
of  James  H.  Karnes,  a  spendthrift.     '^4th  J  auuary,  18i  G. 

On  t!ie  petition  of  Ebeuezer  Eraerson,  of  Reading  in  the 
county  of  !VHddlesex,  yeoman,  Guardian  of  James  Harvey 
Earn^  s.  of  said  lieadins;,  a  spendthrift,  praying  that  he  the 
said  Rbenezer,  in  his  said  cap  city,  may  be  authorized  to 
sell  at  public  vendue  the  whole  of  said  spendthrift's  real 
es»;ale ; 

iicsoJved.,  For  reastms  set  forth  in  said  petition,  that  the 
said  Ebene  er  if  merson,  in  his  said  capacity,  be,  and  he 
hereby  is  fully  auvhoriztd  and  empowered  to  sell  at  public 
auction,  and  to  convey  the  real  estate  of  said  spendtlrift  as 
set  forth  in  said  petition,  and  to  give  a  good  and  sufficient 
deed  or  deeds  of  said  estate  :  Provided^  that  the  said  Gruar- 
dian  first  give  a  bond  with  sufficient  sureties,  to  the  Judge 
of  Probate  for  said  county,  to  account  for  the  proceeds  of 
said  sale,  and  to  observe  the  rules  and  directions  of  law,  re- 
lative to  the  sale  aforesaid,  in  the  same  way  and  manner  as 
is  provided  by  thelaAV  of  this  Coraraonwealth,  where  Guar- 
dians are  licensed  by  the  Supreme  Judicial  Court  to  make 
sale  of  the  whole  real  estate. 


CHAP.  XCIII. 

Mesolve  discharging  Simeon  Dike  from  the  penalty  of  a 
lie  cognizance,     SltliJanuary,  1816. 

On  the  petition  of  Simeon  Hike,  of  Plymouth,  in  the  coun- 
ty of  Plymouth,  praying  for  the  remission  of  the  forfeiture 
of  a  Recognizance  to  this  Commonwealth,  entered  into  by 
him  as  surety,  before  Nathaniel  Goodwin,  Esq.  a  Justice 
of  the  Peace  for  said  county,  on  the  second  day  of  IVlay,  A. 
D.  ISl.'j,  conditioned  for  the  appearance  of  one  John  Hike, 
at  the  then  next  Circuit  Court  of  Common  Pleas  in  said 
county  of  Plymouth ; 

Resolved,  For  reasons  set  forth  in  said  petition,  that,  upon 
the  payment  of  all  costs,  which  have  accrued  by  reason  of 


BANK— PRINCETON.— Ja«.  2%  1816.        103 

the  prosecution  aforesaid,  the  penalty  of  said  Recognizance 
be  remitted  to  the  said  Simeon  Dike,  and  that  he  be  wholly 
discharged  from  the  same. 


CHAP.  XCIV. 

Upsolve  appointivg  a  Committee  to  inquire  into  the  doings 
of  the  Hallowell  and  Augusta  Bank.     iS^th  January,  1816. 

Resolved,  That  the  Hon.  James  Bridge,  of  Augusta,  Sam- 
uel Tony,  of  Wiscasset  and  Ebenezer  T.  Warren,  of  Hal- 
lowell, be  a  Committee  to  inquire  into  the  doings  of  the  Hal- 
lowell and  Augusta  Bank,  incorporated  March  sixth,  1804, 
and  also  the  Hallowell  and  Augusta  Bank,  incorporated  June 
twenty. third,  181S,  and  report  the  state  thereof — That  the 
said  Committee  be  instructed  to  inquire  whether  the  said 
Corporations  have  exceeded  the  powers  granted  them,  or 
failed  of  complying  with  the  rules,  restrictions  and  condi- 
tions required  by  their  acts  of  incorporation  ;  to  ascertain 
and  report  the  amount  of  bills  in  circulation,  and  other  debts 
against  said  Banks,  the  amount  of  money  and  other  property 
belonging  to  said  Banks,  and  debts  due  to  them ;  and  also 
the  amount  of  capital  divided  among  the  Stockholders  and 
paid  to  them;  of  the  Hallowell  and  Augusta  Bank,  incor- 
poratedMarch  sixth,  1804s  and  generally  to  ascertain  and  re- 
port the  state  of  said  Banks,  as  soon  as  may  be.  The  said 
Committee  are  hereby  invested  with  full  power  to  examine 
the  books  and  vaults  of  said  Banks,  and  to  send  for  such 
persons  and  papers  as  they  shall  deem  necessary  to  effect  the 
objects  of  their  .appointment. 


CHAP.  XCV. 

Resolve  relinquishing  land  in  Princeton  to  the  Society  for 

p  opagating  the  Gospel  among  the  Indians  and  others. 

24th  January,  1816. 

On  the  petition  of  Alden  Bradford,  Esq.  one  of  a  Com- 
mittee of  the  Society  for  propagating  the  Gospel  among  the 
Indians  and  oUiers  in  North  America,  stating  that  a  mistake 


104^    1).  TO WNSEND— ANSON Jan,  24,  18J6. 

had  been  made  in  a  Resolve  of  this  Legislature,  passed  on 
the  fourteenth  day  of  June,  1815,  by  which  certain  lands  in 
Princeton,  which  had  escheated  to  the  Commonwealth,  were 
granted  to  "  tlie  Society  for  propagating  the  Gospel  in  for- 
eign parts,"  (no  such  Society  being  now  in  existence  in  this 
country)  instead  of  its  being  granted  to  the  Society  first  above 
mentioned,  which  was  the  intention  of  the  Legislature  ; 

R'solved,  That  any  claim  n*  right  which  is  vested  in  this 
Commonwealth,  by  escheat,  or  otherwise,  regarding  certain 
parcels  of  land  in  Princeton,  in  the  county  of  Worcester, 
whicli  formerly  belonged  to  *'  the  Society  for  propagating 
the  Gospel  in  foreign  [)arts,"  be,  and  the  same  are  hereby 
granted  and  transferred  to  ••'  tlie  Society  for  propagating  the 
Gospel  among  the  Indians  and  others  in  North  America/' 
and  their  successors  and  assigns  forever,  any  thing  contain- 
ed in  the  Resolve  of  the  fourteenth  of  June  last  to  the  con- 
trary notwithstanding. 


CHAP.  XCVL 

Resolve  on  the   petition  of  David  Townsend,  for  leave  to 
erect  a  Brick  Stable.     SJ^th  January,  1816. 

liesnli'ed.  That  the  Firewards  of  the  town  of  Boston  be, 
and  they  hcre])y  are  empowered  to  permit  stables  to  be  built 
of  brick,  and  properly  slated,  on  land  owned  by  David 
Townsend,  for  reasons  set  forth  in  his  petition,  situate  near 
Marlborongli- street  and  Bromfield's-lane,  in  said  town,  on 
such  terms  and  conditions  as  the  said  Firewards  of  said 
town  find  to  be  consistent  with  the  safety  of  said  town  from 
fire,  any  law  to  the  contrary  notwithstanding. 


CHAP.  XCVIL 

Resolve  on  the  'petition  of  the  Selectmen  of  Anson,  making 
their  proceedings  valid.     35th  January,  1816. 

On  ihe  petition  of  the  Selectmen  of  the  town  of  Ansgn, 
representing  that  divers  circumstantial  errors  and  omissions 
had  been  committed  in  notifying  their  town  meetings,  and  m 
keeping  their  records ; 


€ONe  &MER.IllV'S— .JOHNSON—Jfm.  25, 1816.    105 

Kesolved,  For  reasons  set  forth  in  said  petition,  that  the 
proceedings  of  the  several  town  meetings  duly  holden  with- 
in the  town  of  Anson,  and  the  records  thereof,  shall  be  deem- 
ed and  taken  to  be  as  valid  and  effectual,  to  all  intents  and 
purposes,  as  if  the  said  town  and  the  officers  thereof  liad 
proceeded  according  to  the  laws  regulating  their  proceedings 
in  these  particulars. 


CHAP.  XCVIII. 

Mesolve  apjwinting  a  Committee  t&  ascertain  the  fractica- 
bility  of  a  JS/avigahle  Canal,  to  imite  (  onnecticut  and 
Merrimack  Rivers.     25t\i  January,  1816. 

Resolved,  That  Loammi  Baldwin,  Esq.  and  John  Far- 
rar,  Esq.  Professor  of  Mathematics  and  Natural  Philoso- 
phy at  Harvard  University,  or  either  of  them,  be  a  Commit- 
tee to  explore  and  survey,  at  the  expense  of  this  <  ommon- 
"wealth,  a  rout  for  a  Navigable  Canal  from  Connecticut  river 
to  the  river  Merrimack,  as  near  as  may  be  on  a  line  drawn 
from  the  mouth  of  Sugar  river,  which  empties  into  the  Con- 
necticut, to  the  bottom  of  Sewalfs  falls  near  the  mouth  of 
Contoocook  river,  which  emptier  into  Merrimack  river,  in 
the  northerly  part  of  the  town  of  Concord,  in  the  State  of 
JNew-Hampshire,  comprehending  the  outlets  and  shores  of 
Sunapec  lake ;  ascertaining  the  elevation  of  the  said  lakes 
above  the  waters  of  the  said  rivers,  and  the  height  of  the 
falls,  and  of  the  land  on  either  side  of  the  same,  so  that  the 
survey  may  form  the  basis  of  a  calculation  of  the  expense 
of  such  water  communication—  and  make  report  at  the  se- 
cond session  of  the  next  General  Court. 


CHAP.  XCIX. 

Mesolve  awlhorizins;  Thomas  Johnson  and   others  to  locate 
lands.     25th  January,  1816. 

On  the  petition  of  Thomas  Johnson  and  others,  being  the 
persons  named  in  a  Hesolve  of  the  Legislature;  passed  the 
twenty-fourth  day  of  January,  A,  J),  1815^ 


106     STATE  PRISON^F.  BROWN.-.jra«.  26, 1816. 

Resolved,  For  reasons  set  forth  in  said  petition,  that  the 
said  Thomas  Johnson  and  others,  to  wit,  Pele^  Chandler, 
Jun.  Esq.  Jacob  Davis,  Hannah  Vloorc,  sister  of  said  Jacob, 
William  C.  Whitney,  Nathan  Woodbury,  Stephen  Phelps, 
Henry  Jackson,  John  Cousins,  George  Deming,  Levi  Bart- 
lett,  Zebedee  Cushman,  Davis  Woodward,  Samuel  13n»wn 
and  Abiel  L.  Rollins,  shall  he  at  liberty  to  locate  the  grants 
of  lands  made  to  them  by  the  Resolve  aforesaid,  on  the  west- 
erly part  of  the  first  and  second  quarters  of  the  township 
numbered  four,  purchased  of  the  Indians  on  the  west  side 
of  Penobscot  river,  under  the  direction  of  the  Agent  for  the 
sale  of  eastern  lands,  in  one  body. — Provided  that  they  shall 
return  a  plan  of  said  lauds,  with  a  copy  of  the  field  book, 
into  the  land  office,  within  twelve  months  from  ihe  passing 
of  this  Resolve  ;  and  provided  also,  that  all  the  conditions, 
in  the  aforesaid  Resolve,  passed  the  twenty-fourth  day  of 
January,  A.  D.  1815,  originally  granting  said  lands  to  said 
Johnson  and  others,  shall  be  faitlifully  and  substantially  ex- 
ecuted, according  to  the  terms  of  said  Resolve,  excepting  so 
far,  as  they  are  obliged  by  said  former  Resolve,  to  extend 
the  lines  of  said  location  to  Penobscot  river. 


CHAP.  C.  V 

Mesolve  approjiriating  B5 ,000  for  the  expenses  of  the  State 
Prison,     S6th  January,  1816. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  pub- 
lic Treasury,  for  the  use  of  the  State  Prison,  the  sum  of  five 
thousand  dollars,  to  be  drawn  from  the  Treasury  by  the  War- 
den of  said  Prison,  in  such  sums  as  the  Directors  shall,  from 
time  to  time  direct ;  and  his  Excellency  the  Governor,  with 
the  advice  of  Council,  is  hereby  requested  to  draw  his  war- 
rants on  the  Treasurer  for  said  sums  accordingly. 


CHAP.  CI. 

Resolve  on  the  petition  of  Francis  Brown  and  others,     26tI"jL 
January,  1816. 

Resolved,  For  reasons  set  forth  in  the  said  petition,  that 
Scarlet  Hudson  of  Hingham,  iii  the  county  cf  Plymouth, 


THOMAS  MANNING.—Jaw.  §7,  1816.        107 

Administrator  on  the  estate  of  Nancy  Stodder,  widow  of 
Daniel  Stodder,  and  late  of  said  Hingham,  deceased,  intes- 
tate, be,  and  he  hereby  is  authorized  to  pay  over  agreeably 
to  such  distribution  thereof  as  the  Judge  of  Probate  for  said 
county  of  Plymouth  shall  deem  conformable  to  law,  to  Sarah 
"Whiton,  widow,  I'homas  Stodder,  Stephen  Stodder,  and 
Jonathan  French,  in  the  right  of  his  wife,  Elizabeth  French, 
all  of  said  Hingham,  and  Francis  Brown,  of  Boston,  in  the 
county  of  Suffolk,  in  the  right  of  his  wife,  Abigail  Brown, 
being  heirs  at  law  of  the  said  Daniel  Stodder,  deceased,  all 
the  money  which  shall  be  and  remain  in  his  hands,  as  Ad- 
ministrator aforesaid,  on  a  settlement  of  his  administration 
account  in  the  said  Probate  Office ;  and  tlie  said  Judge  of 
Probate  of  the  county  of  Plymouth  is  hereby  authorized  to 
approve  and  allow  the  final  account  of  administration  of  said 
Scarlet  Hudson,  Administrator  as  aforesaid,  which  he  may 
settle  in  said  office,  agreeable  to  this  Resolve  ; — Provided, 
the  said  Sarah  W  hiton,  Thomas  Stodder,  Stephen  Stodder, 
Jonathan  French  and  Francis  Brown  shall  give  bonds  to 
the  Said  Administrator  to  the  approbation  of  said  Judge  of 
Probate,  to  repay  the  same  sum,  by  them  to  be  received  as 
aforesaid,  to  the  heirs  of  said  Nancy  Stodder,  if  any  such 
heirs  should  hereafter  appear  to  claim  the  same ;  which 
bind  shall  be  by  said  Administrator  filed  in  the  Probate  Of- 
fice for  said  county  of  Plymouth. 


CHAP.  CII. 

Mesolve  on  the  petition  of    Thomas  Manning f  of  Ipswich ^ 
physician.     S7th  January,  1816, 

On  the  petition  of  Thomas  Manning,  of  Ipswich,  in  the 
county  of  Essex,  physician. 

Resolved,  That  the  Committee  of  Accounts  be  authorized 
to  examine  the  account  of  1  homas  Manning,  of  Ipswich,  in 
the  county  of  Essex,  physician,  for  medical  aid,  medicine, 
and  attending  to  state  paupers,  and  to  allow  the  same  or  any 
part  thereof,  if  they  think  proper,  notwithstanding  that  the 
same  is  of  more  than  two  years  standing^  any  Resolve  to 
the  contrary  notwithstanding. 
15 


X08    I.  PIERCE— J.  G.  BAKNAHD.— Jaw.  S7,  1816. 


CHAP.  CIIL 

Hesolve  allowing  SIO  to  Isaac  Pierce,  of  Orrington,    S7tli 

January,  1816. 

On  the  petition  of  Isaac  Pierce,  of  Orrington,  praying 
compensation  for  loss  of  time  occasioned  by  a  wound  lie  re- 
ceived at  Hampden,  in  September,  18 1^,  while  in  the  ser- 
vice of  this  Coramouwealth, 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Trea- 
sury of  this  Commonwealth,  to  Isaac  Pierce,  of  Orrington, 
an  Ensign  in  Captain  Ware's  company  of  militia,  the  sum  of 
forty  dollars,  in  fi.ll  for  services,  in  addition  to  what  has  here- 
tofore been  allowed  for  expenses  incurred  by  said  Pierce, 
in  consequence  of  receiving  a  wound  in  his  thigh,  in  Septem- 
ber, A.  D.  1814,  while  acting  under  the  orders  of  General 
Blake,  at  Hampden,  in  full  for  all  services  and  expenses  in 
relation  to  that  subject. 


CHAP.  CIV. 

Hesolve  on  the  petition  of  Jonathan  G.  Barnard,  allowing 
Jiim^iQQ  66.     27,ai  January,  1816. 

On  the  petition  of  Jonathan  G.  Barnard,  late  a  Clerk  in 
the  Treasurer's  Office,  praying  for  an  allowance  for  extra 
services  ; 

Resolved,  That  there  be  allowed  and  paid  out  of  the  T'rea- 
sury  of  this  Commonwealth,  to  the  said  Jonathan  G.  Bar- 
nard, the  sum  of  one  hundred  sixty-six  dollars,  and  sixty- 
six  cents,  so  as  to  make  his  salary  during  the  year  ending  on 
the  first  day  of  June  last,  equal  to  that  of  the  other  Clerk  in 
said  office,  in  full  compensation  for  his  extra  services  in  con- 
sequence of  the  increased  business  of  said  offive — and  his 
Excellency  the  Governor,  with  the  advice  of  Council,  is  re- 
quested to  draw  his  warrant  on  the  Treasury  for  the  same. 


CHESTERVILLE— N.  BROOKS— Ja«.S7;  1816.    109 


CHAP.  CV. 

ilesolve  maJcin^  valid  the  record  of  the  proceedings  of  the 
town  of  Chesterville.  .  S7th  January,  181 6. 

On  the  petition  of  the  Selectmen  of  the  town  of  Chester- 
ville.  praying  that  the  proceedings  of  i^aid  towii,  in  relation 
to  their  town  records,  may  be  made  valid  ; 

Resolved,  For  reasons  set  forth  in  said  petition,  that  the 
records  of  said  town  of  Chesterville,  in  the  cases  specified 
in  their  said  petition,  shall  be,  and  hereby  are  rendered  va^ 
lid  in  all  respects,  in  the  same  manner  as  they  would  have 
been,  if  the  warrants  or  notifications  for  calling  town  meet- 
ings, had  been  legally  and  correctly  issued,  published,  re- 
turned and  recorded,  and  the  evidence  of  the  qualifications 
of  such  officers  had  been  duly'and  regularly  entered  on  the 
records  of  the  said  town. 


CHAP.  CYI. 

Ilesolve  on  the  petition  ofJS^athan  BrooJcs,  Administrator  of 
the  estate  of  Jonathan  II.  Davis.     S7th  January,  1816. 

On  the  petition  of  Nathan  Brooks,  Administrator  on  the 
estate  of  Jonathan  H.  Davis,  late  of  Concord,  in  the  county 
of  Middlesex,  gentleman,  deceased,  intestate,  shewing,  that 
the  said  intestate  was,  in  his  life-time,  seized  and  possessed 
in  fee  of  one  undivided  moiety  of  a  certain  piece  of  land  sit- 
uated in  said  Concord,  called  the  Stephen  Jones'  lot,  and 
that  for  a  valuable  consideration  to  the  said  intestate's  agent, 
pai'^  by  one  Caleb  Bates,  the  said  intestate  contracted  to 
convey  to  said  Bates,  his  right  and  title  to  said  piece  of  land^ 
but  was  prevented  from  making  a  deed  of  said  land  by  death  ; 
and  praying  that  said  Administrator  may  be  authorized  to 
execute  a  conveyance  of  said  land  to  said  Bates  ; 

Therefore  resolved,  For  reasons  set  forth  in  said  petition, 
that  Nathan  Brooks,  of  Concord,  in  the  county  of  Middle- 
sex,  aforesaid.  Administrator  of  the  estate  of  Jonathan  H. 
Davis,  be,  and  he  hereby  is  authorized  and  empowered  to 
make  and  execute  a  rlc*^*!  of  said  above  described  premised 


110    13.  WHITCOMB— E.  BROWN.— J«w.  27,  1816» 

to  the  said  Caleb  Bates,  his  heirs  and  assigns  forever,  which 
shall  be  as  valid  and  binding  in  law,  as  if  the  same  had 
been  made  and  executed  by  the  intestate  in  his  life- time. 


CHAP.  CVII. 

Resolve  allowing  !B50,  fo  David  Whitcomhf  of  Sweden. 
37th  January,  18I6. 

On  the  petition  of  David  Whitcomb  praying  conipensa= 
tion  for  expanses  incurred  by  reason  of  sickness,  while  he 
was  detached  as  a  soldier,  for  the  defence  of  Portland,  in 
September,  1814, 

Uesolvedf  That  there  be  allowed  and  paid  out  of  the  Trea- 
sury of  this  Commonwealth,  unto  David  Whitcomb,  of  Swe- 
den, the  sum  of  fifty  dollars,  in  full  for  all  claims  he  may 
have  in  relation  to  services  and  expenses,  in  consequence  of 
such  detachment. 


CHAP.  CVUI. 

Resolve  on  the  petition  of  Edward  Broimif  refunding  Mm 
S4:00.     S7th  January,  181 6. 

On  the  petition  of  Edward  Brown,  praying  to  be  reim- 
bursed the  sum  of  four  hundred  dollars,  paid  by  him  as  the 
forfeiture  of  a  recognizance  of  his  surety,  the  same  having 
been  paid  by  the  principal  : 

Resolved,  For  reasons  set  forth  in  said  petition,  that  there 
be  refunded  and  paid  to  Edward  Brown,  the  sum  of  four 
hundred  dollars,  which  was  paid  by  him  on  the  recogni- 
zance of  Benjamin  Felt,  as  his  surety  for  the  appearance  of 
Benjamin  Brown,  a  minor,  the  forfeiture  of  said  recogni- 
zance having  been  paid  by  the  petitioner  as  principal  in  the 
same  ;  and  his  Excellency  the  Governor,  with  the  advice 
and  consent  of  Council,  is  hereby  authorized  to  draw  hi? 
warrant  on  the  Treasury  for  the  same. 


I..  MOODY— C.  HAMLIN.— Jati.  S7,  1816.     Ill 


CHAP.  CIX. 

Resolve  on  the  petition  of  Levi  Moody,  Collector  of  Taxes 
in  Waldoborough.     S7th  J  aniiary,  1816. 

On  the  petition  of  Levi  Moody,  Collector  of  taxes  for  the 
town  of  Waldoborough,  shewing,  that  in  May  last,  he  pla- 
ced in  the  hands  of  Jacob  Ludwig,  jun.  one  of  the  Repre- 
sentatives in  the  Greneral  Court  fur  said  town  of  Waldo- 
borough, the  sum  of  thirty-three  dollars,  for  the  purpose  of 
being  paid  into  the  Treasury  of  this  State,  as  part  of  the 
taxes  coramitted  to  him  to  collect  ;  and  that  on  the  arrival 
of  said  Ludwig  in  Boston,  on  his  way  to  the  Treasurer's 
Office,  in  said  month  of  May,  his  pocket  book  was  stolen, 
containing  the  aforesaid  sum,  no  part  of  which  has  ever  been 
regained  ;  and  praying  relief  in  this  behalf: 

Resolved,  For  reasons  set  forth  in  said  petition,  that  the 
sum  of  thirty-three  dollars,  part  of  the  State  tax  of  the  town 
of  V^^aldoborough,  for  the  year  one  thousand  eight  hundred 
and  fourteen,  be,  and  the  same  hereby  is  abated.  And  the 
Treasurer  of  this  Commonwealth  is  hereby  directed  to  credit 
the  said  Levi  Moody  with  the  said  sum  of  thirty-three  dol- 
lars on  the  books  of  his  office,  as  and  for  the  said  abatement. 


CHAP.  ex. 

JUesolve  on  the  petition  of  Cyrus  Hamlin^  ivho  was  a  bonds^ 

man  of  J).  Learned,  late  Sheriff  of  Oxford  county. 

S/th  January,  1816. 

On  the  petition  and  representation  of  Cyrus  Hamlin,  one 
of  the  bondsmen  of  David  Learned,  late  Sheriff  of  Oxford 
county. 

Resolved,  That  theTreasurer  of  this  Commonwealth  be  di- 
rected to  stay  process  against  the  bondsmen  of  said  Learned, 
for  the  balance  now  due  from  them,  for  the  further  term  of 
six  months,  they  paying  interest  thereon. 


113    MAPS-^DONATION  SCHOOL.— Jaw.  27,  1816. 


CHAP.  CXI. 

JResolve  authorizing  the  Secretary  to  subscribe  for  1000 
Maps  of  the  District  of  Mainp.     S7th  January,  1816. 

The  Committee  of  both  Houses,  to  Avhom  was  referred  the 
petition  of  Moses  Grreenleaf,  praying  the  aid  of  the  Common- 
wealth, in  publishing  a  Map  and  Statistical  View  of  the  Dis- 
trict of  Maine,  find  that  the  petitioner  has  with  much  labor 
and  expense,  prepared  a  Map  of  Maine,  which  contains 
many  great  improvements  and  corrections  upon  former  Maps  5 
and  that  it  is  on  the  whole  as  correct  a  Map,  as  in  the  pre- 
sent situation  of  Maine  can  be  made  or  is  necessary,  and  one 
which  will  be  of  essential  service  to  the  Commonwealtli. 
They  further  find,  that  the  Statistical  View  of  Maine  con- 
tains much  valuable  information  relative  to  that  section  of 
the  country,  wliich  it  is  important  that  the  citizens  of  this 
Commonwealth  should  generally  possess.  They,  therefore^ 
ask  leave  to  report  tlie  following  Resolve  : 

N.  CLEAVELANH,  Per  order. 

Kesolvkdf  That  the  Secretary  of  this  Commonwealth  be^ 
and  he  hereby  is  authorized  and  directed  to  subscribe  for  and 
purchase  for  the  use  of  the  several  towns,  plantations  and 
public  offices  in  this  Commonwealth,  one  thousand  copies 
of  said  Map  and  Statistical  View  :  Provided  he  can  obtain 
the  same  at  a  price  not  exceeding  three  dollars  for  each  copy 
of  said  Map,  and  seventy-five  cents  for  each  copy  of  said 
Statistical  View — and  when  the  same  shall  be  received  in- 
to his  office,  lie  is  directed  to  lay  his  account  before  the  Go- 
vernor, who  is  hereby  requested  to  draw  his  warrant  ou  the 
Treasurer  for  the  payment  thereof. 


CHAP.  CXII. 

liesolve  on  the  jpetition  of  a  Committee  of  the  Donation  School 
in  Madley.     1st  February,  I8I6. 

Ou  the  petition  of  a  Committee  of  the  Donation  School  in 
tlie  town  of  Hadley,  praying  that  leave  may  be  given  to  sell 


PAYMENT  OF  CLAIMS.— Pe&.  1,  1816.      113 

certain  lands  in   Hadley  and  Northampton,  and  invest  the 
proceeds  in  meadow  land  in  said  Hadley  : 

Resolved,  For  reasons  set  forth  in  said  petition,  that  the 
Trustees  of  the  Hadley  Donation  School  in  the  town  of  Had- 
ley, be,  and  they  hereby  are  authorized  to  sell  and  convey, 
and  to  execute  and  deliver,  a  good  and  suflicient  deed  or 
deeds  of  all  their  right  and  title  to  a  lot  of  land  in  Hadley, 
containing  about  one  acre  and  three  quarters,  and  another 
lot  in  Northampton,  containing  about  six  acres  ;  and  to  vest 
the  proceeds  of  such  sale  in  lands  in  the  said  town  of  Had- 
ley, and  to  take  good  and  sufficient  deeds  thereof,  for  the 
use  of  the  said  Hadley  Donation  School,  which  deeds,  so 
executed,  acknowledged  and  recorded,  shall  be  deemed  ef- 
fectual in  law  to  transfer  the  fee  in  said  lands. 


CHAP.  CXIIl. 

Jlesolve  providing  for  the  payment  of  claims  against  the  Com- 
monwealth for  military  services  liquidated  by  the  late  Board 
of  War,  and  ajppointins;  an  Agent  to  receive  and  adjust 
claims  not  yet  considered.     1st  February,  18 1 6. 

Whereas  there  are  sundry  claims  duly  liquidated  by  the 
late  Board  of  War,  against  the  Commonwealth,  in  favor  of 
corporations  and  individuals,  amounting  to  the  sum  of  two 
thousand  four  hundred  and  eighty-four  dollars,  and  sixty- 
one  cents,  for  the  payment  of  which  no  provision  is  made  by 
law  ;  and  whereas  there  are  sundry  just  claims  against  the 
Commonwealth  for  military  services  rendered  and  for  sup- 
plies furnished  during  the  late  war  with  Great-Britain,  winch 
are  unliquidated  ;  and  it  is  requisite  that  some  mode  should 
be  adopted  to  expedite  the  adjustment  of  those  of  the  latter 
description,  and  to  provide  for  the  payment  of  all — ^^ 

Therefore  resolved^  That  his  Excellency  the  Governor, 
with  advice  of  Council,  be  requested  to  issue  his  warrant  on 
theTreasury  for  the  sum  oftwo  thousand  four  hundred  eighty 
four  dollars,  and  sixty-one  cents,  payable  to  the  following 
corporations  and  individuals  in  full  for  the  several  claims 
allowed  as  aforesaid,  viz. 

To  the  town  of  Ashburnham,  the  sum  of   -     -  S20  62 

1  o  the  fown  of  Clinton, 248  20 

To  the  town  of  Cornish,  -------     18  80 


114    PAYMENT  OF  CLAIMS.— Fe6.  1,  181^. 

To  the  town  of  Chester,    -------     67  90 

To  the  town  of  Porter,     ...----     47     6 

To  the  town  of  Townsend,    ------     S3  60 

To  the  proprietors  of  Noddle's  Island,  in 
Boston  harbour,  --------      lOSO 

To  the  proprietors  of  South  Boston  Bridge,       118  5S 
To   the  proprietors  of  the  Middlefield  Free 
Stone  Company,       -     -     -  -     _     .     -       6 

To  Amasa  Davis,  fjsq.  (Quarter- Master- Gen- 
eral, for  the  use  of  Benjamin  Clough,  and 
ninety-two  others,  inhabitants  of   Massa- 
chusetts proper,  whose  names  are  contained 
in  an  abstract  of  sums  due  from  the  Com- 
monwealth of  Massachusetts  for  military 
services  rendered,  as  certified  by  the  Secre- 
tary of  the  late  Board  of  War,     -     -     -     -  179  4?9 

To  Alford  Richardson,  Esq.  Major-General 
of  the  12th  Division  of  the  Militia  of  this 
Commonwealth,  for  the  use  of  Samuel  Ac- 
ley,  and  i6S  others,  whose  names  ai'e  con- 
tained in  an  abstract  of  sums  due  from  the 
Commonwealth  of  Massachusetts  for  mili- 
tary services  rendered  in  the  District  of 
Maine,  as  certified  by  the  late    Secretary 

to  the  Board  of  War,     -     - 735  31 

The  whole  making  an  aggregate  of  the  sum, 

payable  as  aforesaid,  of  S2184<  61 

And  the  said  Alford  Richardson  shall  cause  notice  to  be 
siven  in  two  of  the  newspapers  printed  respectively  in  the 
town  of  Boston  and  town  of  Portland,  that  he  is  duly  autho- 
rized to  pay  to  the  several  persons,  whose  names  are  borne 
on  the  abstract  aforesaid,  the  several  sums  to  them  respect- 
ively due,  by  publishing  the  said  abstract  with  the  sums  a- 
gainst  the  names  of  the  sever?vl  persons  borne  thereon,  as 
being  to  them  severally  due ;  and  fixing  the  time  and  place 
for  making  such  payments  to  such  persons  as  are  duly  au- 
thorized to  apply  and  receipt  therefor.  And  the  said  Alford 
Richardson  shall  be  entitled  to  receive  the  sum  of  thirty-five 
dollars,  in  full  for  all  services  which  shall  be  rendered  by 
virtue  of  this  Resolve.  And  the  said  Quarter-Master-Ge- 
neral  is  hereby  directed  to  give  notice  to  all  persons,  whose 
names  are  l)orne  on  the  abstracts  to  him  furnished,  that  he  is 
ready  to  make  payments  of  the  several  sumi,  to  the  persons 


PAYMENT  OF  CLAIMS.— iPefi.  1,  1816.      115 

borne  on  the  rolls  to  be  furnished  as  aforesaid,  by  publish- 
ing the  said  abstracts,  and  fixing  the  time  and  place  for  ma- 
king the  payments  aforesaid.  And  the  said  Alford  Rich- 
ardson, Major-General  as  aforesaid,  shall  take  duplicate  re- 
ceipts of  the  Sfweral  persons  to  whom  they  shall  respectively 
make  payment  as  aforesaid,  one  of  which  shall  be  furnish- 
ed and  delivered  to  the  Agent  hereby  appointed.  And  the 
said  Alford  Richardson  and  Amasa  Davis  shall  be  held  ac- 
countable for  all  monies  by  them  respectively  received. — 
And  all  monies  remaining  in  either  of  their  respective  hands, 
unpaid,  on  the  first  day  of  June  next,  shall  be  returned  in- 
to the  Treasury  of  this  Commonwealth. 

And  be  it  farther  resolved,  That  the  Secretary  and  Trea- 
surer of  this  Commonwealth  be  directed  to  deliver  to  the 
Agent,  hereby  appointed,  all  pay  rolls,  vouchers,  accounts 
and  papers,  which  remain  in  either  of  their  respective  offi- 
ces, which  in  the  opinion  of  said  Agent  will  be  necessary  to 
elucidate,  or  to  substantiate  the  claim  of  this  Commonwealth 
against  the  United  States,  for  expenses  incurred  during  the 
late  war,  the  said  Agent  leaving  certified  copies  of  all  such 
papers  as  shall  by  the  said  Treasurer  be  considered  as  a 
necessary  voucher  for  any  sum  of  money  which  he  has  paid  ; 
and  such  copy,  so  certified,  shall  be  considered  and  receiv- 
ed as  a  sufficient  voucher  to  the  Treasurer,  for  any  such 
payment. 

And  be  it  furilier  resolved.  That  the  Treasurer  be,  and 
he  hereby  is  directed  to  pay  over  to  the  Quarter- Master- 
General  of  this  Commonwealth,  the  sum  of  one  hundred  and 
seventy -five  dollars,  which  remains  due  on  five  pay  rolls^ 
as  follows,  viz. 

Colonel  Oliver  Shead's  field  and  staff  roll, 
Captain  Thomas  George's  company  roll. 
Captain  James  Reene's  company  roll, 
Captain  T.  M.  Perry's  company  roll, 
And  the  roll  of  the  guard  under  Sergeant  Abijah  Gregory. 

All  which  rolls  the  said  Treasurer  has  heretofore  been 
authorized  to  pay,  and  which  is  the  balance  remaining  un- 
paid on  five  warrants,  dated  twenty-fifth  May,  first  March, 
twenty-fifth  May,  twenty  fifth  May,  and  twenty-eighth  May, 
all  in  the  year  1813.  And  the  said  Quaiter-Master-Gene- 
ral,  and  all  other  persons  receiving  money  from  the  Treasury 
under  this  Resolve,  shall  £:ivc  duplicate  receipts  therefor, 
1«  ' 


116      PAYMENT  OF  CLAIMS.— Feft.  i,  1816. 

one  of  which  shall  be  delivered  to  tjie  Agent  hereby  api 
pointed,  as  a  voucher  against  the  government  of  the  United 
States. 

•And  be  it  further  resolved y  That  the  Hon.  Edward  H. 
Robbing  be,  and  he  hereby  is  appointed  and  authorized  to 
receive  the  unliquidated  claims  aforesaid,  and  make  such 
liquidation  thereof  as  may  be  conformable  to  the  principles 
of  settlement  adopted  by  the  late  Board  of  War;  apd  to  add 
thereto  the  expenses  that  have  been  or  may  be  incurred  in 
carrying  this  Resolve  and  that  of  the  fifteenth  of  June  last 
into  effect,  and  to  make  a  report  thereon  from  time  to  time 
to  the  present  or  the  first  session  of  the  next  General  Court, 
to  the  end,  that  the  same  may  be  allowed  and  paid  in  the 
usual  form,  out  of  the  Treasury  of  this  Commonwealth. 

And  be  it  further  resolved^  That  said  Agent  be,  and  he 
hereby  is  directed  to  cause  an  abstract  to  be  made  of  the 
aggregate  amount  paid  conformably  to  this,  or  any  Resolve 
subsequent  thereto — and  to  add  the  same  to  the  account  of 
this  Commonwealth,  made  out  against  the  United  States, 
and  deposited  i;i  the  office  of  the  Secretary  of  the  Common- 
wealth on  the  fifteenth  of  July  last,  together  with  the  pro- 
per vouchers  and  documents  to  support  the  same,  under  his 
signature,  and  to  employ  the  late  Secretary  of  the  Board  of 
War  for  all  services  necessary  to  the  accomplishment  of  the 
duties  herein  pointed  out,  and  make  him  a  reasonable  com. 
pensation. therefor.  And  the  said  Agent  is  hereby  empower- 
ed to  finish  and  perfect  any  act  of  duty  that  was  commenced 
by  the  late  Board  of  War,  under  their  legal  authority,  and 
which  may  now  remain  incomplete  and  unexecuted. 

And  be  it  further  resolved^  That  his  Excellency  the  Go- 
vernor, with  the  advice  of  Council,  be,  and  he  hereby  is  au- 
thorized and  requested  to  employ  any  person,  or  persons, 
he  may  think  proper,  to  present,  at  such  time  as  he  may 
deem  expedient,  the  claims  of  this  Commonwealth  against 
the  United  States  for  military  services  rendered  and  sup- 
plies furnished  and  expenses  incurred  during  the  late  war 
with  Great  Britain,  to  such  authority  as  may  be  appointed 
by  the  United  States'  government  to  receive,  examine  and 
allow  the  same.  And  his  Excellency  may  draw  his  war- 
rant upon  the  Treasury,  in  favor  of  the  person  or  persons  so 
appointed,  for  a  reasonable  sum  to  meet  the  expenses  attend- 
ing that  service,  said  person,  or  persons^  appointed  as  afore - 
s»aid,  being  accountable  for  the  same. 


TAXES  FOR  COUNTIES.— Fe5.  g,  1816.     117 


CHAP.  CXIV. 

Mesolve  granting  Taxes  for  several  counties,     3d  Februa- 
ry, 1816. 

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  Sessions  for  said  counties  have  exhibited 
estimates  made  by  said  Courts,  of  the  necessary  charges 
which  may  arise  within  the  several  counties  for  the  year  en- 
suing, and  of  the  sums  necessary  to  discharge  the  debts  of 
the  said  counties  : 

Resolved,  That  the  suras  annexed  to  the  several  counties 
contained  in  the  following  schedule,  be,  and  the  same  are 
hereby  granted  as  a  Tax,  for  each  county,  respectively,  to  be 
apportioned,  assessed,  paid,  collected  and  applied,  for  the 
purposes  aforesaid,  according  to  law  ; 

County  of  Hancock,  five  thousand  dollars 

Lincoln,  six  thousand  two  hundred  7 
and  thirty-eight  dollars     5 
Somerset,  two  thousand  dollars    - 
Norfolk,  five  thousand  dollars 
Middlesex,  nineteen  thousand  six  1 
hundred  dollars      \ 
Barnstable,  one  thousand  one  bun-  7 
dred  dollars      5 
Kennebeck,  six  thousand  dollars  - 
Worcester,  three  thousand  dollars 
Washington,  one  thousand  six  bun- ) 
^  dred  and  forty  dollars      ^ 

Cumberland,  nine  thousand  dollars 
Essex,    seventeen   thousand    live  ^ 
hundred  dollars      5 
Berkshire,  fifteen  thousand  dollars 
Oxford,  four  thousand  dollars  -     - 
Suffolk,  twenty  thousand  dollars 
Bristol,  six  thousand  dollars 


S5000  00 

6338  00 

9000  00 
5000  00 

19600  GO 

1100  00 

6000  00 
3000  00 

1640  00* 

9000  00 

1750  OOo 

15000  00 
4000  00 

20000  00 
6000  00 


118     S.  SPKING^,  TNQ.  OF  OFFICE.-^l^'e&.S,  1816, 


CHAP.  CXV. 

Hesnlve  on  the  jjctit'on  ofS.  Spring,  directing  the  Jttforney 
General  to  institute  an  inquest  of  njfice  for  settling  the 
title  to  surplus  lands  in  Prescotfs  Grant  and  in  Baldwin. 
Sd  February,  1816. 

The  Committee  of  both  Houses,  to  whom  was  referred 
the  petition  of  Seth  Spring  and  others,  praying  for  an  in- 
quest of  office  to  investigate  and  settle  the  title  to  certain 
surplus  Innds  purchased  by  them  of  the  Commonwealth,  in 
Prescott's  Grants,  (so  called)  and  also  in  the  town  of  Bald- 
win— respectfully  report  as  follows  : 

W.  P.  WALKER,  per  order. 

That  PreseotPs  Grant  has  been  surveyed  by  Lathrop 
Lewis,  Esq.  by  order  of  the  Legislature,  and  by  his  survey 
there  has  been  found  to  be  a  surplus  of  about  two  hundred 
acres  in  said  Grant,  which  has  been  also  sold  by  order  of 
the  Legislature  by  the  Land  Ag«^.nts  ;  that  the  said  petition- 
ers were  the  purchasers,  and  have  paid  for  the  same  the  sum 
of  six  hundred  dollars — and  they  do  no(  find  that  the  pro- 
prietors of  said  Grant  object  to  sucli  sale;  They  therefore 
are  unanimously  of  opinion  that  said  petitioners  are  entitled 
to  the  aid  of  the  Legislature  to  obtain  tlje  possession  of  said 
surplus,  the  same  being  claimed  by  others.  Your  (  ommittee 
further  find,  that  the  town  of  Baldwin  has  been  surveyed 
by  order  of  the  Agents  for  the  sale  of  Eastern  lands,  and 
that  by  such  survey  there  was  found  to  be  a  large  surplus  in 
said  town,  which  has  been  sold  by  said  Agents  to  said  peti- 
tioners, but  as  this  survey  was  ex  parte,  and  the  proprietors 
of  Baldwin  had  no  notice  of  the  same,  and  there  are  evident 
errors  in  the  same,  your  Committee  are  of  opinion  that  the 
surplus  in  said  town,  if  any,  is  not  sufficiently  ascertained 
to  justify  an  inquest  of  office  to  be  instituted  against  the  propri- 
etors, especially  as  the  lines  now  claimed  by  them  have  been 
repeatedly  recognized  by  the  Legislature  in  various  Acts  and 
Resolves,  and  the  whole  town  has  been  for  more  than  thirty 
years  allotted  and   divided   among  the  proprietors ;  they, 


LEONARD  WHEELER.— Fe&.  S,  1816.       119 

therefore,  are  of  opinion  that  the  prayer  of  said  petitioner 
as  to  the  surplus  land  in  the  town  of  Baldwin,  ought  not  to 
be  granted. — They  beg  leave  to  submit  the  following  Re- 
solution : 

Resolved,  That  the  Attorney  or  Solicitor  General  be,  and 
hereby  is  directed  to  institute  an  inquest  of  office  or  such 
other  process  in  behalf  of  the  Commonwealth,  as  he  may 
think  proper,  to  settle  the  title  and  revest  the  possession  in 
the  Commonwealth  of  the  surplus  lands  in  Prescott's  Grant^ 
in  the  town  of  Hiram,  and  county  of  Oxford. 


CHAP.  CXVL 

Resolve  authorizing  the  discharge  of  Leonard  Wheeler  from 
prison  in  the  county  of  Worcester.     2d  February,  1816. 

On  the  petition  of  Leonard  Wheeler,  of  Hardwick,  in 
the  county  of  Woreester,^representing,  that  he  is  now  con- 
fined in  the  common  gaol  in  the  county  of  Worcester,  at  the 
suit  of  the  Commonwealth,  upon  an  execution  which  issued 
on  a  judgment  rendered  against  him  in  an  action  of  scire  fa- 
cias upon  a  recognizance  for  his  personal  appearance  to  tes- 
tify as  a  witness  before  the  Supreme  Judicial  Court,  holden 
at  Worcester,  within  and  for  the  county  of  Worcester,  at 
the  April  terra,  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  fourteen — that  he  was  prevented  by  sickness 
from  attending  said  Court,  and  afterwards,  and  at  the  time 
of  sueing  out  the  writ  of  scire  facias  against  him,  and  of 
the  judgment  thereon,  he  was  absent  from  the  Commonwealth 
and  deprived  of  the  opportunity  of  defending  against  the 
action,  or  applying  during  its  pendency  to  the  Court,  for  a 
relief  from  the  penalty  of  his  said  recognizance  ; 

Resolved,  That  the  keeper  of  the  Commonwealth's  2;aol, 
in  the  county  of  Worcester,  be,  and  he  hereby  is  authorized 
and  directed  forthwith  to  discharge  from  imprisonment  the 
said  Leonard  AV^heeler — Provided,  however,  that  he  stands 
committed  for  no  other  cause  than  the  execution  at  the  suit 
of  the  Commonwealth,  as  aforesaid. 


ISO    N.  BOURNE— L.  CORBIN.— Fe6. 3, 1816. 


CHAP.  CXVII. 

Resolve  autJwrizing  the  Governor  to  appoint  Commissioners 
to  ascertain  the  claims  of  JSTathan  Bourne,  in  the  planta- 
tion of  Marshpee.     3d  February,  1816. 

On  the  petition  of  Nathan  Bourne,  of  Sandwich,  in  tha 
county  of  Barnstable, 

Resolvedf  For  reasons  set  forth  in  said  petition,  that  the 
Governor,  with  the  advice  of  Council,  be,  and  he  is  hereby 
authorized  to  appoint  three  disinterested  men,  as  Commis- 
sioners, who,  at  the  expense  of  said  Bourne,  the  petitioner, 
shall  repair  to  the  plantation  of  Marshpee,  in  the  county  of 
Barnstable,  and  ascertain  the  claims,  privileges,  rights  and 
easements  of  said  Bourne,  in  said  plantation,  and  set  off  and 
assign  by  metes  and  bounds  such  portion  of  property  in  said 
plantation  as  shall  be  deemed  by  them  an  equivalent  for  the 
claims  and  privileges,  rights  and  easements  possessed  by 
said  Bourne  in  the  plantation  aforesaid ;  and  said  Commis- 
sioners are  hereby  authorized  to  make  and  execute  to  said 
Bourne,  his  heirs  and  assigns,  a  good  and  sufficient  deed 
of  the  lands  so  assigned  as  aforesaid  ;  provided  said  Bourne 
shall  execute  a  deed  of  quit  claim  of  all  his  rights,  easements 
and  privileges  possessed  by  himself,  or  derived  to  him  from 
Ijis  ancestors  in  said  plantation,  which  deeds  shall  be  con- 
sidered valid  in  law  to  complete  the  title  in  the  premises  ; 
and  the  Commissioners  aforesaid  may  likewise  consider  any 
claims  said  plantation  may  have  against  said  Bourne. 


CHxiP.  CXVIII. 

Mesolve  on  the  petition  of  Lemuel  Corhin,  Guardian  to  tlie 
Dudley  Indians,     3d  February,  1816. 

On  the  petition  of  Lemuel  Corbin,  requesting  to  be  dis- 
charged from  his  trust  as  one  of  the  Guardians  of  the  Dud- 
ley Indians,  so  called,  and  the  said  Indians  praying  that 
the  said  Lemuel  Corbin  and  John  Healy,  their  Guardians, 
may  be  discharged  from  said  trust. 

Resolved,  That  the  said  Lemuel  Corbin,  for  reasons  set 


SELECTMEN  OF  PLYMOUTH.— Fe6.  3, 1816.     121 

forth  in  his  petition,  and  the  said  John  Healy,  on  account 
of  his  living  at  such  a  distance  from  the  Indian  settlement, 
as  renders  it  difficult  for  him  to  discharge  the  duties  of  his 
office,  be,  and  hereby  are  discharged  from  said  trust,  from 
and  after  the  first  day  of  May  next ;  and  William  Robinson 
be,  and  hereby  is  appointed  Guardian  to  said  Indians  in  the 
room  of  the  said  Lemuel  Corbin  and  John  Uealy  ;  and  the 
said  William  Robinson  is  hereby  vested  with  the  full  pow- 
ers and  authority,  which  have  been  heretofore  vested  in  the 
Guardians  of  the  Dudley  Indians,  and  to  be  in  the  same 
manner  accountable  to  this  Court.  The  said  William  Ro- 
binson shall  each  and  every  year,  in  the  month  of  May,  ex- 
hibit and  lay  his  accounts  for  articles  delivered  or  services 
performed  for  said  Dudley  Indians  before  the  Selectmen  of 
the  town  of  Dudley  for  the  time  being,  whose  duty  it  shall 
be  to  examine  and  certify  their  opinion  en  said  accounts, 
whether  the  whole  or  what  part  thereof  ought  to  be  allow- 
ed ;  which  account  and  certificate  shall  be  presented  to  the 
Committee  on  Accounts  for  allowance,  as  other  accounts 
are  for  services  performed  for  the  Commonwealth,  any  Law 
or  Resolve  to  the  contrary  notwithstanding. 


CHxiP.  CXIX. 

Resolve  on  the  'petition  of  the  Selectmen  of  Plymouth,  grant- 
ing further  time  to  locate  a  toicnship  of  land, 
3d  February,  1816. 

On  the  petition  of  the  Selectmen  of  the  town  of  Plymouth, 
for  and  in  behalf  of  said  town,  praying  for  a  further  time  to 
locate  the  last  township  of  land  granted  them,  on  the  24:th 
of  February,  A.  D.  1808  : 

Resolved,  For  reasons  set  forth  in  said  petition,  that  a 
further  time  of  five  years  be,  and  hereby  is  allowed  to  the 
inhabitants  of  said  town  of  Plymouth,  to  locate  said  town- 
ship ;  and  the  Agents  for  the  sale  of  Eastern  lands  are  here- 
by directed  to  govern  themselves  accordingly,  any  thing  in 
the  said  Resolve  granting  said  Township  to  the  contrary 
notwithstanding. 


IgS    S.  SMEAD— G.  TAllBELL.— Fe6.  3, 1816. 


CHAP.  CXX. 

Hesolve  on  the  petition  of  Solomon  Smead,  Esq.  to  refund 
him  a  bill  of  costs.     3d  February,  1816. 

On  the  petition  of  Hon.  Solomon  Smead,  Esq.  praying 
that  a  bill  of  costs  paid  by  him  to  the  sheriff  of  the  county 
of  Franklin  might  be  refunded  to  him, 

Resolved,  For  reasons  set  forth  in  said  petition,  that  there 
be  allowed  and  paid  out  of  the  Treasury  of  this  Common- 
wealth to  the  said  Smead,  the  sum  of  fourteen  dollars  and 
sixty-three  cents,  being  the  sum  b^  him  paid  as  aforesaid — 
and  that  his  Excellency  the  Governor  be  requested  to  grant 
a  warrant  on  the  Treasury  accordingly. 


CHAP.  CXXI. 

Resolve  on  the  petition  of  Grosvenor  TarbeJL  making  valid 
his  afjidavit.     5th  February,  1816. 

On  the  petition  of  Grosvenor  Tarbell,  of  Lincoln,  in  the 
county  of  Middlesex,  Esq.  x\dministrator  of  the  estate  of 
3ohn  Leary,  late  of  Lincoln,  in  the  county  of  Middlesex, 
mariner,  deceased,  intestate,  praying  tliat  the  affidavit  by 
him  made  in  the  Probate  Court  in  and  for  the  county  of  Mid. 
die  ex  on  the  thirtieth  day  of  January,  A.  D.  1816,  of  his 
proceedings  relating  to  the  sale  of  the  whole  of  said  decea- 
sed's real  estate,  and  now  recorded  with  a  copy  of  each  of  th^ 
notifications  of  the  time  and  place  of  said  sale,  in  the  Re- 
gistry of  Probate,  in  and  for  said  county  of  Middlesex,  may 
be  declared  admissible  evidence  of  said  sale  and  of  his  pro- 
ceedings relating  thereto,  although  not  made  within  eighteen 
months  after  the  day  of  said  sale,  as  the  law  requires  : 

Resolved.  That  the  prayer  of  the  petition  be  granted,  and 
that  said  affidavit,  including  a  copy  of  each  of  said  notifica- 
tions and  recorded  as  above  mentioned,  or  an  attested  copy 
thereof,  shall  be  admissible  evidence  of  said  sale,  and  of 
said  Administrator'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  eighteen  months  after  the  day 
of  said  sale,  any  law,  usage  or  custom  to  the  contrary  not- 
withstanding. 


SHAW— W.  COLLEGE— 00^1.-1^66. 5,  I8I6,     i2S 


CHAP    CXXIL 

Resolve  on  the  petition  of  JMathaniel  Shaw,  granting  him 
ISjO.     otii  February,  1816. 

Ou  the  petition  of  Nathaniel  Shaw,  praying  an  allowance 
for  being  vvoundd  while  doing  military  duty  : 

kesolved,  That  there  be  allowed  and  paid  out  of  the 
Trea  uvy  of  this  Commonwealth  unto  Nathaniel  Shaw,  the 
sum  of  fifty  dollars,  on  account  of  expenses  and  loss  of  time 
occasioned  by  a  wound  he  received  while  doing  military 
duty  at  a  brigade  muster,  on  the  :^7tli  of  September  last,  and 
in  full  for  the  same. 


CHAP.  CXXIIL 

Resolve  allowing  the  President  and  Trustees  of  Williams^ 
College^  further  time  to  locate  a  township  of  land  p'anted 
them  by  a  Resolve  of  February  SO^/t,  1809.  5th  February^ 
I816. 

On  the  petition  of  the  President  and  Trustees  of  Williams' 
College. praying  a  further  time  to  locate  a  tract  or  township  of 
land  granted  them  by  a  Resolve  dated  February  SOth,  1809, 

Resolved,  That  for  reasons  set  forth  in  said  petition,  a  fur- 
ther time  of  five  years,  from  and  after  the  passing  of  this 
Kesolve,  be,  and  hereby  is  allowed  to  said  President  and 
Trustees  to  locate  said  tract  or  township  of  land  :  And  the 
Agents  for  the  sale  of  Eastern  lands  are  hereby  directed  to 
govern  themselves  accordingly,  any  thing  in  any  Resolve 
to  the  contrary  notwithstanding. 


CHAP.  CXXIV. 

Resolve  authorizing  the  Governor  to  appoint  a  Committee 
to  contract  with  the  Commissioners  who  are  to  explore 
a  rout  fo"'  a  canal  from  Connecticut  to  Merrimack  river, 
5th  February,  ISlG. 

Resolved,  That  his  Excellency  the  Governor,  with  the 
advice  of  the  Council,  be  authorized  to  appoint  three  per- 
17 


134    BLAISDELL— CHAMBERLAIN.— Fg&.  5, 181 6. 

sons  in  behalf  of  the  Commonwealth,  to  make  such  contract 
as  they  shall  think  just  and  reasonable  with  the  Commis- 
sioners appointed  to  explore  and  survey  a  rout  for  a  water 
communication  between  Connecticut  river  and  the  Merri- 
mack river,  by  virtue  of  a  Resolve  passed  January  21st,  1816, 
for  their  services  and  expenses,  so  as  to  fix  the  amount  of 
the  same  beforehand,  as  far  as  may  be  possible,  and  to  set- 
tle and  liquidate  all  accounts  of  said  Commissioners  and 
those  persons  employed  by  them  in  said  survey. 


CHAP.  CXXV. 

Mesolve  granting  a  pension  to  John  BlaisdeU. 
5th"February,  1816. 

On  tlie  petition  of  John  BlaisdeU,  3d,  praying  an  allow- 
ance for  liaving  been  wounded  when  called  out  for  the  de- 
fence of  Newbury  port: 

Hesolved,  That  there  be  allowed  and  paid  out  of  the  Trea- 
sury of  this  Common Vv^eallh,  unto  John  BlaisdeU,  3d,  the 
sum  of  twenty  .five  dollars  per  year,  for  five  years,  in  conse- 
quence of  his  having  lost  the  use  of  his  hand  while  doing 
duty  in  the  detached  militia. 


CHAP.  CXXVI. 

Ilesolve  on  the  pptition  of  John   Chamberlain  and  filbert 

hmithf  Sureties  of  the  late  Treasurer  Skinner. 

5fch  February,  181 6. 

Mesolvedj  That  the  keeper  of  the  gaol  in  Lenox,  in  the 
county  of  Herkshire  is  hereby  authorized  and  directed  to  set 
at  liberty  John  Chamberlain,  Jun.  of  Dalton.in  said  county, 
whenever  he  the  said  John  shall  surrender  himself  to  said 
gaol  keeper,  upon  a  bond  given  by  him  to  the  Commonw  ealth 
on  the  twenty- faecond  day  of  June  last,  according  to  the 
provisions  of  a  Resolve,  passed  on  the  fifteenth  day  of  June 
last ;  provided  he  the  said  John  shall  give  bond  to  the  Com- 
monwealth, in  the  same  sum  and  sureties  and  approved  in 
the  same  manner  he  w^ould  be  required  to  do,  were  he  to  be 
admitted  to  the  liberties  of  said  gaol,  on  the  warrant  of  di«-- 


JANE  BAKER— E.  BREED,  Jr.— Fe5  5,  1816.     125 

tress  in  favor  of  the  Commonwealth,  on  which  he  has  been 
heretofore  committed,  conditioned  that  he  the  said  John 
Chamberlain,  Jun.  shall  surrender  himself  to  the  keeper  of 
said  gaol  on  or  before  the  first  day  of  August  next,  and  re- 
main a  true  prisoner  on  the  original  commitment,  as  if  he 
had  not  been  set  at  liberty  by  virtue  of  this  Resolve,  unless 
the  said  John  shall  be  otherwise  legally  discharged. 

And  be  it  further  resolved.  That  the  keeper  of  said  gaol 
is  hereby  directed  to  receive  the  said  John  into  his  custody, 
upon  his  surrendering  himself  as  aforesaid,  and  conduct  with 
him  in  the  same  way  as  he  would  do,  if  he  were  then  com- 
mitted by  the  proper  officer,  on  the  warrant  of  distress  afore- 
said. 

And  he  it  further  resolved.  That  the  body  of  Albert  Smith, 
one  of  the  sureties  of  the  late  Treasurer  Skinner,  shall  not 
be  arrested  on  the  warrant  of  distress  in  favor  of  the  Com- 
monwealth against  him  until  the  first  day  of  August  next. 


CHAP.  CXXVII. 

Hesolce  granting  Jane  Baker  sixty  dollarSo 
5th  February,  1816. 

On  the  petition  of  Jane  Baker,  praying  an  allowance,  in 
consequence  of  losing  her  husband  while  doing  military  du- 
ty at  Bath,  on  the  12th  September,  A.  D.  1814, 

liesolved,  For  reasons  set  forth  in  said  petition,  that  tliere 
be  allowed  and  paid  out  of  the  Treasury  of  this  Common- 
wealth, unto  Jane  Baker,  widow  of  the  late  Daniel  Baker, 
of  Topsham,  a  Lieutenant  in  a  company  of  cavalry,  the  sum 
of  sixty  dollars  for  funeral  and  other  expenses,  and  an  an- 
nuity of  fifty  dollars  per  year,  for  the  term  of  four  years,  for 
the  use  of  the  said  widow  and  her  two  children. 


CHAP.  CXXVIIl. 

Resolve  on  the  fetition  of  Ebenezer  Breed,  Jr.  making  valid 
his  affldavit.     5th  February,  1816. 

On  the  petition  of  Ebenezer  Breed,  Jr.  of  Charlestown^ 


i26    BREED— BELFAST  AC ADEMY.— F? 6. 5, 1816. 

in  the  county  of  Middlesex,  merchant,  Administrator  on  the 
estate  of  David  Wootlward,  late  of  said  <'harlestown.  mari- 
Her,  deceased,  intestate,  stating  that  he,  witli  one  Abner  Ro- 
gers, late  of  said  C'harlestown,  deceased,  took  upon  them- 
selves that  tviist  by  giving  bonds  as  the  law  requires,  on  the 
twenty-first  day  of  September,  1813,  and  on  the  twenty-fifth 
day  of  December,  i813,  posted  notifications  thereof  in  pub- 
lic places  in  said  Charlestown,  and  printed  a  like  notification 
three  weeks  successively,  beginning  on  the  eighth  day  of 
January,  A  D.  1814,  as  directed  by  the  Judge  of  Probate 
of  said  county  ;  and  on  the  thirteenth  day  of  January,  1815, 
said  Breed  caused  his  affidavit  of  his  proceedings  and  a  true 
eopy  of  one  of  said  notifications  to  be  recorded  in  the  Pro- 
bate Office  in  said  county,  but  w^as  unavoidably  prevented 
from  causing  such  affidavit  with  such  copy  of  such  notifica- 
tion to  be  recorded  in  said  office  within  seven  months  as  the 
law  in  such  cases  requires  : 

Resolved,  For  reasons  set  forth  in  said  petition,  that  an  at- 
tested copy  of  said  Breed's  affidavit,  recorded  as  aforesaid, 
taken  from  the  records  of  said  Probate  Office,  shall  be  ad- 
jaitted  in  evidence  in  any  court,  as  fully  as  if  said  affidavit 
had  been  recorded  in  said  Probate  Office  within  seven  months 
from  the  time  the  said  Breed  and  Rogers  took  upon  tlfem- 
selves  the  said  trust,  any  law  or  usage  to  the  contrary  not- 
withstanding. 


CHAP.  CXXIX. 

Mesolve  on  the  petition  of  the  Trustees  of  Belfast  and  Phil- 
lips Limerick  Academies,  granting  ihem  further  time 
to  complete  settlements  on  lands  granted  them.  5th  Feb- 
ruary, 1816. 

llesolvedf  For  reasons  set  forth  in  said  petition,  that  a 
further  time  of  one  year  from  the  first  day  of  June  next  be, 
and  hereby  is  allowed  to  the  Trustees  of  Belfast  Academy, 
or  their  assigns,  to  complete  the  settlement  of  ten  families 
on  the  half  township  granted  them,  and  to  the  Trustees  of 
Phillips  Limerick  Academy,  or  their  assign,  to  complete  the 
settlement  of  ten  families  on  the  grant  of  half  a  township  of 
land  made  to  them  ;  Provided^  that  the  Trustees  of  Belfast 
Academy,  and  the   Trustees  of  Phillips  Limerick  Acad- 


E.  MITCHELL,  JUN.— Fe&.  5, 1816.  127 

emy,  shall  severally,  in  their  corporate  capacity,  cause 
bonds  to  be  given  to  the  Treasurer  of  this  Commonwealth, 
with  sufficient  surety  or  sureties,  to  the  satisfaction  of  the 
A^ent  for  the  sale  of  Eastern  lands,  for  the  sum  of  six  hun- 
dred dollars  each,  conditioned  that  there  shall  be  settled 
on  each  of  their  grants  the  number  of  settlers  required  by 
their  deeds,  within  the  time  extended  as  aforesaid ;  or  for 
the  payment  of  thirty  dollars  for  each  family  which  shall 
then  be  deficient  of  the  whole  number  aforesaid.  Upon  sat- 
isfaction of  which  bonds,  given  pursuant  to  this  resolve, 
either  by  causing  the  said  number  of  families  to  be  settled 
on  said  grants  within  the  time  aforesaid,  or  by  paying  the 
sum  of  thirty  dollars  for  each  family  which  shall  then  be 
deficient,  then  the  estate,  right  and  title  of  said  grantees 
shall  be  valid,  full  and  effectual,  to  all  intents  and  purpo- 
ses, as  if  the  conditions  of  settlement  expressed  in  the  ori- 
ginal deeds  of  said  grants,  had  been  fully  and  seasonably 
complied  with. 


CHAP.  CXXX. 

Resolve  on  the  petition  of  Edicard  MitclieU  Junior^  allow- 
ing him  the  expenses  of  a  suit  for  recovering  Indian 
lands.     5th  February,  1816. 

On  the  petition  of  EdAvard  Mitchell,  Junior,  of  Bridge- 
water,  in  the  county  of  Plymouth,  praying  for  allowance 
and  remuneration,  for  his  trouble  and  expenses  incurred  in 
defending  an  action  of  ejectment  brought  by  one  Sarah 
Dunbar  against  him  to  recover  possession  of  certain  Indian 
land,  so  called,  in  Bridgewater,  over  which  he  was  appoint- 
ed Guardian  by  the  Legislature  of  this  Commonwealth  ; 

Resolved,  For  reasons  set  forth  in  said  petition,  that  there 
be  allowed  and  paid  out  of  the  Treasury  of  this  Common- 
wealth to  said  Edward  Mitchell,  Jun.  the  sum  of  one  bun- 
dred  and  seventy-eight  dollars  and  sixty-five  cents  in  full 
compensation  for  expenses  incurred  by  him,  as  mentioned 
in  his  said  petifion  :  And  his  Excellency  the  Governor,  with 
the  advice  of  Council,  is  hereby  requested  to  draw  his  war- 
rant on  the  Treasurer  for  said  sum  accordingly. 


1S8    B.  OF  HEALTH— T.  WILLIAMS.— I?e6. 6, 1816. 


CHAP.  CXXXL 

Mesolve  directin^s;  the   Quarter -Master -General  to  deliver 

hospital  articles  to  the  Board  of  Health  in  Boston, 

6th  February,  1816. 

On  the  petition  of  the  Boston  Board  of  Health, 
liesolvedj  That  the  Quarter- Master-General  be  directed 
to  deliver  to  the  order  of  the  said  Board,  tlie  articles  of  bed- 
ding, medicines  and  hospital  furniture,  which  were  placed 
under  his  care,  at  the  late  disbanding  of  the  troops  of  this 
Commonwealth,  an  inventory  of  the  same  to  be  delivered  to 
the  Physician  of  the  said  Board,  who  is  to  be  accountable  for 
the  same. 


CHAP.  CXXXII. 

Mesolve  on  the  2J('tition  of  Thomas  Williams,  authorizing 
the  Attorney  or  Solicitor- General  to  fix  the  bounds  between 
land  of  the  State  and  his  lands  in  lioxbury.  6th  Febru- 
ary, 1816. 

Hesolved,  That  the  Attorney  or  Solicitor-General  is  here- 
by appointed  and  authorized  to  ascertain  and  agree  with  the 
said  Thomas  Williams  upon  any  liue  or  lines  (in  dispute) 
between  the  Commonwealth's  land  lying  in  said  Hoxbury, 
and  laud  of  the  said  Williams,  and  establish  suitable  and 
durable  monuments : — Provided,  however,  that  in  case  he 
should  not  be  able  to  agree  with  the  said  Williams  where 
to  erect  said  monuments,  the  said  Attorney  or  Solicitor-Ge- 
neral is  further  authorized  to  agree  with  the  said  Williams, 
to  refer  the  subject  to  three  suitable  men  to  establish  said 
monuments,  and  when  established  the  said  Attorney  or  So- 
licitor-General will  procure  an  accurate  description  of  said 
land,  stating  the  courses,  distances  and  monuments,  and  de- 
posit the  same  in  the  office  of  the  Quarter-Master- General : 
And  the  said  Attorney  or  Solicitor- General  is  hereby  au- 
thorized and  required  to  make  such  agreements,  contracts 
and  covenants,  and  to  execute  and  pass  such  deeds  as  shall 
be  found  necessary  for  establishing  tlie  boundaries  to  the 
perfecting  the  title  of  the  Comuionwealth  iji  their  land  and 
premises  aforesaid. 


ACCOUNTS— P0WDERH0USE.—l^e6. 6,1816.    129 


CHAP.  CXXXIII. 

Resolve  directins;  the  Committee  on  Accounts  not  to  receive 
accounts  after  certain  times,     6th  February  18l6. 

Resolved,  That  the  Committee  that  may  hereafter  he  ap- 
pointetl  to  examine  and  allow  accounts  against  the  Common- 
wealth, are  hereby  directed  to  receive  no  accounts  for  exam- 
ination and  allowance  after  the  second  Wednesday  of  each 
May  session,  and  the  fourth  Wednesday  of  each  winter 
session  of  the  Legislature  of  each  succeeding  year  :  Provi- 
ded however^  That  said  Committee  are  to  consider  the  ac- 
counts of  the  Messengers  to  the  Governor  and  Council,  and 
to  the  two  Houses,  and  their  assistants,  also  the  accounts 
of  the  printers  within  the  town  of  Boston,  as  not  coming  with- 
in said  limitation. 

Resolved,  That  the  Secretary  cause  the  foregoing  resolve 
to  be  published  in  so  many  of  the  newspapers,  as  he  shall 
judge  necessary  to  give  it  general  publicity;  and  a  reason- 
able allowance  to  be  made  for  publishing,  l)y  the  Commiitee 
on  accounts. 


CHAP.  CXXXIV. 

Resolve  authorizing  the  Quarter-Master- General  to  sell  the 
Powder  House  in  Charlestown,  and  erect  another  Maga- 
zine.    6th  February,  181 15. 

Whereas  the  Powder  Magazine  situated  in  Charlestown, 
in  the  County  of  Middlesex,  is  insufficient  and  unsafe,  not 
having  been  constructed  originally  for  the  purpose  of  keep- 
ing powder, 

liter ef ore,  resolved^  That  the  Quarter-Master- General 
be,  and  he  hereby  is  authorized  and  empowered,  under  the 
direction  of  his  Excellency  the  Governor,  to  sell  and  dis- 
pose of  the  said  Powder  House  and  the  land  whereon  the 
same  stands,  and  any  lands  adjoining  the  same,  or  of  what- 
ever rights  or  interest  the  Commonwealth  may  have  in  and 
to  the  same,  and  account  with  the  Treasurer  of  the  Common- 
wealtli  for  the  proceeds  of  such  sales — and,  further,  to  pur- 
chase, for  the  use  of  the  Commonwealth,  a  suitable  plat  of 


430  KICHARD  YOUNG— 1<>6.  6,  1816. 

gnmnd,  either  in  Charlestown  aforesaid,  or  in  the  town  of 
Cambridge,  in  said  county,  and  cause  to  be  erected  there- 
on, a  sufficient  ard  secure  Magazine,  for  the  safe  deposit  and 
keeping  of  the  powder  belonging  to  the  Commonwealth,  and 
of  such  quantities  of  powder  imported,  landed  or  brought 
into  the  town  of  Boston,  which  by  law  is  to  be  kept  in  a 
public  Magazine,  and  which  it  may  be  convenient  to  deposit 
in  said  Magazine.  And  his  Excellency  the  Governor,  by 
and  with  advice  and  consent  of  Council,  is  hereby  authorized 
and  empowered  to  issue  his  warrant  to  the  Treasurer  of  the 
Commonwealth,  for  such  sum  or  suras  of  money  as  may  be 
necess'-try  to  carry  the  aforegoing  resolve  into  eflfect. 

And  be  it  further  resotvtdy  That  his  Excellency  the  Gov- 
ernor and  Council,  be  and  tliey  hereby  are  authorized  and 
empowered  to  appoint  a  keeper  or  keepers  of  the  said  Mag- 
azine, under  such  rules  and  regulatioiis  as  they  may  think 
fit  to  prescribe. 

And  he  it  further  resolved  That  the  Q^uarter- Master  be 
and  he  hereby  is  authorized  to  remove  from  the  present  pow- 
der Magazine,  all  the  powder  therein,  as  soon  as  another 
suitable  Magazine  shall  be  provided. 


CHAP.  CXXXV. 

liesolve  grant'ng  Richard  Young  4-0  acres  of  Land. 
6th  February,  1816. 

Whereas,  on  the  petition  of  llichard  Young,  of  Sanford, 
in  the  county  of  Vork,  a  resolve  was  passed,  on  the  twenty- 
third  of  February,  A.  D.  1814,  authorizing  the  Agents  for 
the  sale  of  Eastern  lands  to  convey  to  said  Young,  a  certain 
tract  of  land,  containing  forty  acres,  more  or  less,  within  the 
bounds  mentioned  in  said  lesolve.  And  whereas  it  appears 
by  an  actual  survey,  that  theie  are  upwards  of  one  hundred 
acres  within  said  bounds, 

Therefore  resolved,  That  the  following  tract  of  land,  con- 
taining forty  acres  and  twenty- three  rods,  and  bounded  as 
follows,  to  wit — beginning  at  a  pond  by  land  of  the  Com- 
monwealth, thence  north  east  one  hundred  and  sixty-two  rods 
to  Shapleigh  line  ;  thence  east  on  said  line  sixty-two  rods  to 
a  stake  ;  thence  st>uth  east  one  hundred  and  fifty. nine  rods  to 
the  pond ,  thence  by  the  pond  to  the  place  of  beginning  ;  not 


J.  RICHARDS— Q.  M.  GEN.~Fe5.6,1816.  ISl 

to  include  any  right  or  claim  of  any  other  person,  he  grante^d 
to  the  said  Richard  Young,  his  heirs  and  assigns  forever. 

Jind  be  it  further  Resolved^  That  the  Hon.  John  Holraes 
be  authorized  to  sell  and  convey  the  residue  of  the  land  be- 
longing to  the  Commonwealth  adjoining  said  grant  to  said 
Toting,  and  to  return  the  proceeds  thereof  with  an  account 
of  his  doings  to  the  Treasurer  of  this  Commonwealth,  as 
soon  as  may  be. 


CHAP.  CXXXVl. 

liesolve  authorizing  the  Agent  on  Eastern  Lands  and  a 
Committee  of  Council,  to  determine  the  allowance  which 
should  he  made  towards  discharging  the  bond  of  John  Rich- 
ards and  others.     6th  February,  1816. 

jlesolved,  That  the  Agent  for  the  sale  of  Eastern  Lands, 
together  with  any  Committee  of  ('ouncil,  to  be  appointed  in 
virtue  of  a  resolve  of  the  Legislature,  passed  the  ninth  day 
of  June,  A.  D.  1814,  be,  and  hereby  are  authorized  to  as- 
certain and  determine,  from  time  to  time,  the  allowance 
which  ought  to  be  made  towards  discharging  the  condition 
of  the  bonds  given  by  John  Richards  and  others  to  this  Com- 
monwealth, pursuant  to  a  resolve  passed  on  the  lOfch  day 
of  June,  1813,  for  settlers  placed  on  the  lands  mentioned  in 
said  bond,  conformably  to  the  condition  thereof,  and  the  cer- 
tificate of  said  Agent  and  Committee  shall  be  sufficient  evi- 
dence to  authorize  the  Treasurer  to  endorse  such  allowance 
upon  said  bonds  towards  discharging  the  same. 


CHAP.  CXXXVIL 

Resolve  discharging  the  Q^uarter -Master-  General^  of  monies 
expended  in  his  department ^  and  for  paying  the  balance  of 
his  account,     6th  February,  1816. 

Resolved,  That  Amasa  Davis,  Esq.  Quarter- Master-Gen- 
eral,  be,  and  he  hereby   is  discharged  from   the  sum  of 
ten  thousand  dollars,  being  the  sum  he  has  received  the  ye;^t 
jpast,  by  warrants  on  the  Trcasurcv. 
18 


idi    A.  R.  STACY  AND  OTHERS.— Fe&.  6,  1816. 

Rpsolvedf  That  the  sum  of  three  thousand  five  hundied  and 
eighty-nine  dollars  and  twenty-two  cents  be  paid  to  the  said 
Amasa  Davis,  Esq.  from  the  Treasury  of  this  Common- 
wealth, as  the  balance  of  his  account  for  money  expended 
in  his  department  the  year  past,  including  seventeen  hundred 
dollars  for  his  salary  for  one  year  ending  on  the  seventeenth 
day  of  January,  A.  D.  1816. 

Resolved,  That  the  sura  of  twelve  thousand  dollars  be 
paid  to  the  Quarter-Master-General  from  the  Treasury  of  this 
Commonwealth,  to  meet  the  expenses  of  his  department  the 
ensuing  year,  for  the  application  of  which  said  Quarter-Mas- 
ter-Greneral  is  to  be  accountable,  and  his  Excellency  the  Grov- 
ernor  is  requested  to  issue  his  warrant  on  the  Treasury  for 
the  amount,  in  such  sums  and  at  such  periods,  as  his  Excel- 
lency, with  the  advice  of  Council  may  deem  expedient  for 
the  public  service. 


CHAP.  CXXXVIII, 

ilesolve  aiitliorizing  Azubah  R.  Stacy  and  others  to  ecceciite 
a  deed  to  Rufus  Scott.     6th  February,  ISliS. 

On  the  petition  of  Azubali  R.  Stacy  and  others,  praying 
that  the  Administrators  on  the  estate  of  Gilbert  Stacy,  late 
of  Gill,  in  the  county  of  Franklin,  deceased,  may  be  empow- 
ered on  their  part,  to  execute  a  deed  of  twenty-seven  acres 
of  land  in  Gill,  which  the  said  Gilbert,  in  his  lifetime,  con- 
tracted to  do  by  an  instrument  not  under  seal,  but  was  pre- 
vented by  death. 

Therefore  resolved^  For  reasons  set  forth  in  said  petition, 
that  Rufus  Stratton  and  Azubah  R.  Stacy,  Administrators  on 
the  estate  of  Gilbert  Stacy,  Esq.  be,  and  they  hereby  are  em- 
powered to  execute  a  good  and  sufficient  deed  of  convey- 
ance to  Rufus  Scott,  of  Gill,  of  twenty-seven  acres  of  land 
in  Gill,  aforesaid  ;  bounded  north  on  the  road  leading  from 
Gill  meeting-house  to  Greenfield  ;  west  on  land  of  Samuel 
Pierce  ;  north  on  land  of  Daniel  Temple  ;  east  on  land  of 
Jeremiah  Ballard,  containing  twenty-seven  acres  ;  agreeable 
to  a  contract  entered  into  by  the  said  Gilbert  Stacy  in  his 
lifetime  :  And  the  said  deed,  so  made  and  executed,  shall 
be  good  and  valid  in  law,  to  convey  all  the  right  and  inter- 
est which  the  heirs  at  law  of  said  Gilbert  may  have  in  said 


B.  STRATTON— R.  XENNISON,-^Fe&.  7, 1816.    133 

land,  as  fully  as  if  the  said  deed  had  been  executed  by  the 
said  Gilbert  in  his  lifetime. 


CHAP.  €XXXIX. 

Mesolve  authorizing  R.  Stratton  and  Azubah  R.  Stacy  to 
execute  a  deed  to  Samuel  Janes.     7th  February,  18 16. 

On  the  petition  of  Samuel  Janes,  praying  that  the  Admin- 
istrators of  the  estate  of  Gilbert  Stacy,  late  of  Gill,  in  the 
county  of  Franklin,  deceased,  may  be  empowered  to  execute 
a  deed  of  thirty  acres  of  land  in  Gill,  which  the  said  Gilbert, 
in  his  lifetime  contracted  to  do,  by  instrument  not  under  seal, 
but  was  prevented  by  death  : 

Resolved,  For  reasons  set  forth  in  said  petition,  that  Ru- 
fus  Stratton  and  Azubali  R.  Stacy,  Administrators  of  the 
estate  of  Gilbert  Stacy,  Esq.  be,  and  they  are  hereby  em- 
powered to  execute  a  good  and  sufficient  deed  of  conveyance 
to  Samuel  Janes,  of  Gill,  of  thirty  acres  of  land  in  Gill,  a- 
foresaid,  agreeable  to  a  contract  entered  into  by  the  said 
Gilbert  Stacy,  in  his  lifetime  ;  and  the  said  deeif,  go  made 
and  executed,  shall  be  good  and  valid  in  law  to  convey  all 
the  right  and  interest,  which  the  heirs  at  law  of  the  said  Gil- 
bert may  have  in  said  land,  as  fully  as  if  the  said  deed  had 
been  executed  by  the  said  Gilbert  in  his  lifetime. 


CHAP.  CXL. 

Resolve  on  the  petition  of  Rebecca  Jennison  and  Silas  Broolcs^ 

Administrators  on  the  estate  of  Samuel  Jennison. 

7th  February,  1816. 

On  the  petition  of  Rebecca  Jennison  and  Silas  Brooks, 
both  of  Worcester,  in  the  county  of  Worcester,  Administra- 
tors,  with  the  will  annexed,  on  the  estate  of  Samuel  Jenni- 
son, late  of  said  Worcester,  deceased,  representing  that  the 
said  Samuel  Jennison,  in  his  lifetime,  and  on  the  fifth  day  o*" 
November,  A.  D.  1811,  made  and  executed  an  absolute  deed 
of  conveyance,  of  about  one  hundred  and  forty  acres  of  land, 
lying  within  the  tov,  jis  of  Worcester  and  Shrewsbury^  iu  the 


184,    B.  J  ENNISON  AND  S.  BROOKS.— JFV6. 7, 1816. 

county  of  Worcester,  with  the  buildings  thereon  ;  and  par- 
ticularly described  in  said  deed,  to  David  Curtis  and  Na- 
thaniel Curtis,  both  of  the  same  Worcester,  for  their  securi- 
ty and  indemnity  from  a  certain  bond,  which  they,  on  the 
same  day,  made  and  executed  jointly  with  the  said  Samuel 
Jennison  and  one  William  Caldwell,  to  Daniel  Waldo,  Esq. 
for  the  payment  of  the  sum  of  three  thousand  dollars  a^nd  in- 
terest, the  proper  debt  of  the  said  Samuel  Jennison  and  Wil- 
liam Caldwell,  and  on  and  for  no  other  consideration  ;  that 
the  said  David  Curtis  and  Nathaniel  Curtis  were  to  have 
executed  to  said  Jennison,  an  obligation  for  the  reconvey- 
ance of  said  estate,  upon  the  payment  by  him  and  said  Cald- 
well, of  the  bond  aforesaid  ;  that  the  said  Nathaniel  Curtis 
lias  executed,  on  his  part,  such  obligation  ;  but  the  said  Da- 
vid Curtis  is  prevented  therefrom  by  death,  and  has  left  on- 
ly heirs,  who  are  minors,  incompetent  by  law  to  the  execu- 
tion of  any  contract  ;  and  praying  that  the  Hon.  Benjamin 
Heywood,  Esq.  Administrator  on  the  estate  of  said  David 
Curtis,  may  be  authorized  and  empowered,  whenever  said 
estate  shall  be  exonerated  and  indemnified  for  siiid  bond,  to 
execute  a  quitclaim  deed  for  tlie  beneiitof  the  estate  of  said 
Jennison,  of  all  the  right  which  by  the  deed  first  aforesaid, 
the  said  David  Curtis  had  in  the  estate  described  therein  ; 
and  the  said  Administrator  on  said  David  Curtis'  estate,  the 
Guardian  of  all  the  minor  children,  and  the  widow  of  said 
David  Curtis,  having  certified  their  assent  to  the  truth  of 
said  representation  and  to  the  prayer  of  the  said  petition  : 
Therefore  he  it  resolved,  That  Benjamin  Heywood,  Esq. 
Administrator  on  the  estate  of  the  aforesaid  David  Curtis,  be, 
and  he  is  hereby  authorized  and  empowered,  whenever  the 
sjstate  of  said  Cuitis  shall  be  wholly  exonerated  and  indem- 
nified from  the  bond  aforementioned,  and  from  all  damage 
and  cost  thereby,  to  make  and  execute  to  the  said  Rebecca 
Jennison  and  SilasBrooks,  Administrators  on  the  estate  of 
the  aforenamed  Bamuei  Jennison^  deceased,  for  the  benefit  of 
said  estate,  and  the  heirs,  devisees  or  legatees  of  said  Samuel 
Jennison,  a  deed  of  quit  claim  of  all  the  right  title  and  interest, 
which  the  said  David  Curtis  or  his  legal  representatives  had,or 
:rnay  now  have,  in  the  estatiB  conveyed  to  him  and  the  said 
Nathaniel  Curtis  by  the  deed  of  the  said  Samuel  Jennison 
aforesaid  ;  which  s^-id  deed  of  quit  claim,  when  executed  by 
the  said  Benjamin  Heywood,  to  the  said  Rebecca  Jennison 
lind  SilasBrooks,  Administrators  as  ?.foresaid;  shall  have  th^ 


SRLAH  CHAPIlSr,  JUN.— J^e6.  7,  1S46.        135 

game  effect  and  do  other,  as  though  the  said  estate  had  been 
originally  mortgaged  to  the  said  David  ('urtis,  and  redeem- 
ed by  the  said  Rebecca  Jennison  and  Silas  Brooks,  in  the 
due  course  of  their  administration  on  the  estate  of  said  Sam* 
uel  Jennison. 


CHAP.  CXLI. 

JRe solve  on  the  petition  of  SeJah  Chavin,  jun.  authorizing 
Caleh  Goodwin  to  execute  a  deed,    7th  February^  1816. 

On  the  petition  of  Selah  Chapin,  jun.  of  Leyden,  in  the 
county  of  Franklin,  stating,  that  Selah  Chapin,  the  father 
of  the  petitioner,  on  the  twenty-third  day  of  January,  in  the 
year  of  our  Lord  one  thousand  seven  hundred  and  ninety- 
nine,  conveyed  two  certain  pieces  or  parcels  of  land  lying 
in  Leyden,  aforesaid,  containing  about  sixty-four  acres,  to 
Aaron  Olmstead,  of  Kast  Hartford,  in  the  county  of  Hart- 
ford, and  State  of  Connecticut,  to  secure  the  payment  of  a 
certain  sum  of  money  then  due  from  the  said  Selah,  the  fath- 
er of  the  said  Aaron  ;  and  that  the  said  Aaron  at  the  same 
time  executed  a  certain  writing  to  the  said  Selah,  promising 
to  reconvey  said  land  upon  payment  of  the  money  5  that  the 
said  Selah,  the  father,  afterwards  assigned  all  his  right  in 
said  land  to  the  petitioner,  who  hath  paid  to  the  Executor  of 
the  last  will  and  testament  of  the  said  Olmstead,  all  the  mo- 
ney which  is  due  from  said  Selah,  and  praying  that  Caleb 
Goodwin,  of  said  Hartford,  may  be  authorized  and  empow- 
ered to  release  all  the  right  which  the  said  Aaron  Olmstead^ 
acquired  by  virtue  of  the  deed  aforesaid  : 

JResolved,  For  reasons  set  forth  in  said  petition,  that  Ca- 
leb Goodwin,  of  the  city  and  county  of  Hartford,  and  state 
of  Connecticut,  Executor  of  the  last  will  and  testament  of 
Aaron  Olmstead,  late  of  East  Hartford,  deceased,  be,  and 
he  hereby  is  authorized  and  empowered  to  make  and  exe- 
cute to  Selah  Chapin,  jun.  of  Leyden,  in  the  county  of  Frank- 
lin, a  good  and  sufficient  deed  of  release  of  all  the  right,  ti- 
tle and  interest,  which  the  said  Aaron  acquired  to  two  cer- 
tain pieces  of  land,  lying  in  Leyden,  aforesaid,  containing  a= 
bout  sixty-four  acres,  under  and  by  virtue  of  a  certain  deed 
from  Selah  Chapin,  to  the  said  Aaron,  bearing  date  the  twen. 


188  STEPHEN  CODMAN.— Fe*.  8,  1816. 

ty-third  day  of  January,  one  thousand  seven  hundred  and 
ninety- nine  ;  which  deed,  so  made  and  executed  by  the  said 
Caleb,  shall  be  good  and  valid  in  law  to  convey  all  the  right 
and  interest  which  the  heirs  at  law  of  the  said  Olmstead^ 
or  any  other  person,  may  have  in  said  lands,  as  fully  as  if 
the  said  dee<l  of  release  had  been  executed  by  the  said  01m- 
-stead  in  his  lifetime. 


CHAP.  CXLII. 

Resolve  authorizing  Stephen  Codmaii  to  execute  a  deed  of 
land  in  JMonmouth.     8th  February,  1816. 

On  the  petition  of  Stephen  Codman,  of  Boston,  in  the 
county  of  Suffolk,  Executor  of  the  last  will  and  testament  of 
John  Codman,  late  of  said  Boston,  Esquire,  deceased,  pray- 
ing that  he  may  be  authorized  by  the  Legislature,  to  convey 
by  deed,  to  James  F.  Norris,  Adnai  Loomis,  John  Safford 
and  Gilraau  Thurston,  the  right  and  title  of  the  said  John 
Codman  to  a  tract  of  land  in  the  town  of  Monmouth,  in  the 
county  of  Kennebeck,  agreeable  to  a  contract  for  that  pur- 
pose entered  into  by  the  said  John  Codman,  in  his  lifetime, 
with  the  said  Norris,  Loomis,  Safford  and  Thurston,  dated 
the  first  day  of  February,  A.  D.  1802 : 

Resolved;,  For  reasons  set  forth  in  said  petition,thatthe  said 
Stephen  Codman,  Executor,  as  aforesaid,  be,  and  he  here- 
by is  authorized  and  empowered  to  execute  and  deliver  a  good 
and  sufficient  deed  to  the  said  Norris,  Loomis,  Safford  and 
Thurston,  or  to  any  or  either  of  them,  for  the  conveyance  in 
fee  simple,  of  all  the  right  and  title,  which  the  said  John 
Codman  had,  at  his  decease,  in  and  to  a  certain  tract  of  land, 
situated  in  the  town  of  Monmouth,  in  the  county  of  Kenne- 
beck, being  the  three  hundred  acre  lot,  which  the  said  John 
Codman  purchased  of  Henry  Dearborn,  as  by  his  deed,  dated 
August  28th,  1789,  and  recorded  in  the  county  of  Lincoln, 
lib.  28,  folio  153,  will  more  fully  appear,  and  that  such  deed 
of  conveyance  shall  have  the  same  force  and  effect,  as  if 
made  by  the  said  John  in  his  lifetime,  in  pursuance  of  said 
contract. 


LYNN,  GEORGETOWN,  &c.— Fe&.  8, 1816.     137 


CHAP.  CXLIII. 

JResolves  on  the  petitions  of  the  towns  of  Lynn,  Gporgetown 
and  Canaan f  abating  their  taxes,     8th  February,  1816. 

On  the  several  petitions  of  the  towns  of  Lynn,  George- 
town  and  Canaan : 

T\  hereas  it  has  been  mutually  agreed  between  the  towns 
of  Lynn  and  Saugus,  that  one  fourth  part  of  the  tax  assessed 
upon  the  town  of  Lynn  for  the  last  year,  ought  to  be  paid 
by  the  town  of  Saugus  : 

Therefore  resolved,  That  the  sum  of  two  hundred  thirty 
one  dollars,  thirty-three  cents,  being  one  fourth  part  of  the 
tax  assessed  upon  the  town  of  Lynn  the  last  year  be  deduct- 
ed from  the  just  apportionment  of  the  tax  for  the  present 
year,  to  be  assessed  upon  the  town  of  Lynn,  and  that  the 
aforesaid  sum  of  two  hundred  thirty-one  dollars,  thirty-three 
cents  be  added  to  the  just  apportionment  of  the  tax  for  the 
present  year,  to  be  assessed  upon  the  town  of  Saugus. 

And  whereas  the  sum  of  one  hundred  sixteen  dollars, 
thirty-twe  cents  more  than  their  just  proportion  of  the  tax  for 
the  last  year  was  assessed  upon  the  town  of  Georgetown, 
which  ought  to  have  been  assessed  upon  the  town  of  Phips- 
burg  : 

Therefore  resolved,  That  the  sum  of  one  luindred  six- 
teen dollars,  thirty-two  cents  be  deducted  from  the  just  ap- 
portionment of  the  tax  for  the  present  year  to  be  assessed 
upon  the  town  of  Georgetown,  and  added  to  the  tax  to  be 
assessed  on  the  town  of  Phipsburg. 

And  whereas  the  sum  of  forty- three  dollars,  sixty-one 
cents  more  than  their  just  proportion  of  the  tax  for  the  last 
year  was  assessed  upon  the  tov.n  of  Canaan,  which  ought  to 
have  been  assessed  upon  the  town  of  Bloomfield  ; 

Therefore  resolved.  That  the  sum  of  forty-three  dollars, 
sixty-one  cpnts  be  deducted  from  the  just  ajjportionment  of 
the  tax  for  the  present  year,  to  be  assessed  upon  the  town  of 
Canaan  and  added  to  the  snra  to  be, assessed  upon  the  town 
of  Bloomfield. 


138        G.  BEAMAN^— TAXES.— Fe&.  8,  1816 


CHAP.  CXLIT 

Resolve  granting  Gideon  Beaman  sixty  dollars  for  exp&ii^ 

ses  in  arresting  and  prosecuting  Heuhen  IHackman. 

8tli  February,  1816. 

On  the  petition  of  Gideon  Beaman,  of  Princetown,  in  the 
county  of  Worcester,  representing  that  in  the  year  l813,Reu- 
ben  Blackman  was  apprehended  upon  the  complaint  of  said 
petition,  for  passing  counterfeit  Bank  Bills  of  the  State  of 
]S^ew-York  ;  that  the  said  Reuben,  was  examined  before  ^ 
Justice  of  the  Peace,  and  ordered  to  recognise  for  his  ap- 
pearance before  the  Supreme  Judicial  Court,  for  the  county 
of  Hampshire  ;  that  at  the  September  term  of  the  said  Court, 
in  1813,  a  bill  of  indictment  was  found  against  the  said 
Blackman,  and  at  his  motion  was  continued  to  the  next 
April  term  for  tfial.  when  the  said  Blackman  neglected  to 
appear,  and  forfeited  his  recognisance  ;  that  the  sureties  of 
the  said  Blackman  have  already  paid  to  the  Commonwealth 
seven  hundred  dollars,  and  judgment  is  rendered  against 
one  of  them  for  three  hundred  dollars  more  ;  that  the  peti- 
tioner was  put  to  great  trouble  and  expense  in  prosecuting 
the  said  Blackman,  besides  tlie  total  loss  of  the  money  which 
lie  received  of  said  Blackman,  and  praying  for  some  remu- 
neration in  this  behalf: 

Therefore  resolved,  For  reasons  set  forth  in  said  petition, 
that  there  be  allowed  and  paid  out  of  the  Treasury  of  this 
Commonwealth  unto  Gideon  Beaman,  of  Princetown,  in  the 
county  of  Worcester,  the  sum  of  sixty  dollars  for  his  troublft 
and  expences  in  arresting  and  prosecuting  Reuben  Black- 
^nan  for  the  crime  of  passing  Counterfeit  Bank  Bills. 


CHAP.  CXLV. 

Jlesoive  granting  taxes  for  the  counties  of  Yorlc,  Mamjiden^ 
and  Hampshire.    8th  February,  1816. 

Whereas  the  Treasurers  of  the  following  named  counties 
bave  laid  their  accounts  before  the  Legislature,  which  ac= 
counts  have  been  examiucd  and  allowed  ;  and  whereas  the 


TAX  FOR  FRANKLIN  CO.— Fe&.  8^  1810.     139 

Clerks  of  the  Courts  of  Sessions  for  said  counties  have  exhi- 
bited estimates,  made  by  said  Courts,  of  the  necessary  char- 
ges which  may  arise  within  the  several  c<mnties  for  the  year 
ensuing  ;  and  of  tlie  sums  necessary  to  discharge  the  debts 
of  the  said  counties, 

Hfsolvpd,  That  the  sums  annexed  to  the  names  of  the  se- 
veral counties,  contained  in  the  following  schedule,  be,  and 
the  same  are  hereby  granted  as  a  lax,  for  each  county  re- 
spectively, to  be  apportioned,  assessed,  paid,  collected  and 
■applied,  for  the  purposes  aforesaid,  according  to  law  : 
County  of  York,  five  thousand  five  hundred  dollars,  S5500 
Hampden,  seven  thousand  dollars,  7000 

Hampshire,  three  thousand  five  hundred  dollars^  3500 


CHAP.  CXLVL 

Resolve  granting  a  tax  for  the  county  of  Franklin. 
8th  February,  18 1 6. 

On  the  representation  of  the  Committee  on  county  esti=. 
mates,  statiuy;,  that  the  estimate  for  the  county  taxes  for  the 
icounty  of  Franklin,  are  not  accompanied  with  the  Treasur- 
er's account  for  said  county,  and  as  great  inconvenience  may 
arise  if  no  taxes  are  authorized  for  the  present  year  ; 

Resolved,  That  the  estimate  made  by  the  Circuit  Court  of 
Common  Pleas,  for  the  county  of  Franklin,  in  September, 
181  .'j,  and  amounting  to  three  thousand  two  hundred  dollars, 
for  the  present  year,  be,  and  is  hereby  granted  as  a  tax  for 
said  county  ;  the  said  sum  to  be  apportioned,  assessed,  paid, 
collected,  and  applied  for  the  purposes  aforesaid,  according 
to  law. 

Jlnd  he  it  further  resolved,  That  the  Treasurer  of  said 
»tounty  be,  and  hereby  is  required  and  directed  to  present 
his  accounts  to  the  General  Court  at  their  next  session, 


19 


110      CLMS.  AG.  COMMONWEALTH— Fe6. 8, 18l6„ 


CHAP.  CXLVn. 

liesolvefor  the  payment  of  claims  allowed  at  the  War  Office, 
8th  February,  1816. 

Schedule  of  claims  agaiust  the  Commonwealth,  of  Massa*^ 
chusetts,  allowed  at  the  War-Office,  February  8th,  1816. 

No.  1  Captain  Butman's  company,  pay  roll,  third 

regiment,  first  brigade,  tenth  division,  109  90 

3  Town  of  Dedham  for  transportation,  7 

3  "     "    Putnam                      do.  and  supplies,  S58  56 

4  Ebenezer    Chase's    account  damages    land  at 
Edgecomb,  28 

6  Captain  Nealy's  company  pay  roll,  third  regi- 
ment, first  brigade,  tenth  division,  136 

6  Captain  Thayer's  company  pay  roll,  third  regi- 
ment, first  brigade,  tenth  division,  IIS  2d 

7  Town  of  Shapleigh,  supplies  and  transportation       45  54i 

8  Reverend  Joshua  Soule,  chaplain,  second  regi- 
ment, first  brigade,  thirteenth  division,  23 

9  Town  of  Sanford,  supplies  and  transportation,       S5  25 

10  Greorge  Bird  and  James  WitherelFs  account 
carting  stone  to  Savin  Hill,  10 

11  Town  of  Newfield,  supplies  and  transportation,       24  10 

12  Joshua  Damon,  barrack  hire,  Wiscasset,  (orders)    5 

13  Benjamin  Eells,  paymaster,  second  regiment, 

first  brigade,  tenth  division,  29  73 

14  John  Smith,  nursing  a  sick  soldier,  &c.  5  67 

15  John  Deluce,  rent  of  buildings  for  quarters  for 
troops,  32  67 

16  James  Kirby,  work  on  guard-house  in  Cashing,  6 

17  Henry  Smith,  jun.  for  ferriage  22  50 

18  Margaret  Whittmore,  use  and  damage  of  land 

at  Gloucester,  50 

19  Captain  Thomas  Swift's  company  pay  roll, 

first  regiment,  third  brigade,  fifth  division,  294 


OLMS.  AG.  COMMONWEALTH— Fe&.  8, 1816.     iU 


SO  Captain  Obed  B.  Nye,  for  the  four  following 

pay  rolls  : 
In  the  first  regiment,  third  brig- 
ade, fifth  division,  viz : 
Captain  Obed  B.  Nye,  588  49^ 

liieutenant  Edward  Nye,  85  70 f  49,^%  (m 

Lieutenant  Nathan  B  Gibbs,  S80  4*r  ^'^^^  ^' 

Captain  Benjamin   Hamlin,  320  98  } 

No.  31  Allowed  to  Thomas  Fish,  Jun.  for  the  nine 

following  pay  rolls,  amounting  to  171S  S7 

For  Lieutenant-Colonel   Nye's  field  and  staff  roll, 

first  regiment,  third  brigade,  fifth  division,  118  70 

ForLieutenant  James  Fish,  jun.  pay  roll,  Captain 
Parker's  company,  game  regiment,  October  7th 
to  15th  274^  95 

For  Captain  Parker's  company  pay  roll,  same  regi- 
ment, ISl 
For  Lientenant  J.  Fish,  junior's  pay  roll,  same 

regiment,  Cctober  3d  to  7th,  95  41 

For    Captain   Seth  Hamlin's  company  pay  roll, 

same  regiment,  ^12  50 

For  CaptainW.  Jenkins'  company  pay  roll.  Artil- 
lery, third  brigade,  fifth  division,  October  7th  to 
15th,  1814,  ^  175  01 

For  same  Company,  June  13th  to  18th,  1814,  81  73 

Same  Company,  January  S8th  to  31st,  1814^  63  SO 

Same  Company,  October  3d  to  7th,  1814,  G9  7i 


No.  22  Allowed  Nathaniel  Jenkins  for 
the  use  of  the  widow  of  late  Sargeant- 
Major  Prince  Jenkins,  first  regiment, 
third  brigade,  fifth  division,  deceased, 

Also  for  an  omission  in  an  account  alrea- 
dy settled  with  said  Nathaniel  Jen- 
kins, Major  first  regiiuent,  third  bri- 
gade, fifth  division, 


JVar-Office,  Commonitealih  of  ^Massachusetts, 
Fehrimrij  8,  1816. 


171s  sr 


5  60 


1  33 


6  93 


JS4319  98 


44S       SOLIC.  GEN.— PROB.  LAWS.— i^^eft.  9,  1816. 

y^o  the  Hpnorahle  Senate  and  House  of  Representatives 
in  General  Court  assembled. 

The  Undersigned  respectfully  reports,  that  by  virtue  of 
a  Kesolve,  passed  the  first  instant,  he  has  received  un- 
adjusted claims  against  the  Commonwealth  from  the  Cor- 
jporations.  and  persons  stated  in  the  annexed  schedule,  and 
liquidated  the  same  at  the  sums  set  ajsainst  their  respective 
names,  which  when  paid,  will  be  in  full  for  their  several 
exhibits.     All  which  is  respectfully  submitted . 

EDWARD  H.  ROBBINS. 

The  Committee  of  both  Houses  to  whom  the  foregoing 
account  and  report  were  referred,  have  considered  the  same, 
and  recommend  the  passing  of  the  following  resolve. 

LATHROP  LEWIS,   Chairman. 

Resolved,  That  his  Excellency  the  Grovernor,  with  ad* 
vice  of  Council,  be  requested  to  issue  his  warrant  on  thq 
Treasurer  for  the  sum  of  four  thousand  two  hundred  and 
nineteen  dollars  and  ninety- eight  cents,  payable  to  the  fore- 
going Corporations  and  individuals,  in  full  for  their  several 
claims  allowed  as  aforesaid. 


CHAP.  CXLVIIL 

Resolve  appointing  a  Committee  to  revise  the  Probate  Laws. 
9th  February,  1816. 

Resolved,  That  the  Hon.  Thomas  Dawes,  Daniel  A. 
"White  and  John  Pickering,  Esqs.  be  a  Committee  to  revise 
the  Laws  of  this  Commonwealth,  relating  to  Judges  apd 
Courts  of  Probate,  and  proceedings  in  said  Courts  ;  and  al- 
so the  Laws  relating  to  the  appointment  and  duties  of  Exe- 
cutors, Administrators  and  Guardians  ;  and  to  make  report 
at  the  first  session  of  the  next  Legislature. 


CHAP.  CXLIX. 

Resolve  authorizing  the  Solicitor  General  to  sell  estate  late 
of  B.  BidwelL  taken  on  execution  in  favor  of  the  Com- 
monwealth.    9th  February,  1816. 


Upon  the  representation  of  the  Solicitor  General,  stating 


LEMUEL  WEEKS.— Fe6.  9, 1816.  Hn 

ihtit  in  May,  A.  D,  1814,  an  execution  in  favor  of  the  Com- 
monwealth was  levied  upon  the  real  estate  of  the  late  At- 
torney-General,  Barnabas  Bidwell,  and  his  house  and  land 
adjoining,  situate  in  Stockbridge,  was  bid  off  by  the  agent  at 
auction  for  the  benefit  of  the  Commonwealth,  and  a  deed 
taken  of  it  from  the  Sheriff  in  the  name  of  the  government ; 
that  the  time  of  redemption  has  expired,  and  the  estate  is 
now  the  absolute  property  of  the  Commonwealth,  which  is 
in  the  possession  of  a  tenant  ;  that  the  estate  will  produce, 
upon  a  fair  sale,  more  than  the  sum  at  which  it  was  bid  off 
for  the  government ;  and  that  it  would  be  for  the  interest  of 
the  Commonwealth  to  have  the  same  sold  and  the  proceeds 
thereof  placed  in  the  Treasury  ; 

Resolved,  For  reasons  set  forth  in  said  representation,  that 
the  Solicitor  General,  Daniel  Davis,  Esq.  be,  and  he  here- 
by is  appointed  an  Agent  and  authorized  and  empowered  to 
make  sale  of  the  said  estate,  the  property  of  the  Common- 
wealth as  aforesaid,  and  to  make  and  execute,  in  behalf  of 
the  Commonwealth,  such  deed  or  deeds  as  may  be  necessary 
to  convey  the  same.  And  the  said  Agent  shall  place  the 
proceeds  of  said  sale,  and  an  account  of  his  proceedings  in 
the  Treasury  of  the  Commonwealth  :  Fi^ovided  however^ 
that  no  sale  of  said  estate  shall  be  made  unless  the  same 
shall  produce  as  much  as  the  sum  for  which  it  was  bid  off 
for  the  government. 

Resolved,  That  the  said  Agent  be,  and  he  is  hereby  au- 
thorized and  empowered  to  settle  with  the  tenant  in  posses- 
sion of  the  said  estate,  and  receive  the  rents  now  due,  or 
which  hereafter  may  be  due,  and  to  lease  the  said  estate  un- 
til a  sale  thereof  be  effected,  and  the  money  arising  there- 
from also  to  place  in  the  Treasury. 


CHAP.  CL. 

Resolve  granting  jS50  to  Lemuel  Weeks,  for  services  atPorU 
land.     9th  February,  1816. 

On  the  petition  of  Lemuel  Weeks,  praying  compensation 
for  services  performed  in  taking  care  of  ordnance  and  pub- 
lie  works  at  Portland, 

Resolved,  For  reasons  set  forth  in  said  petition,  that  there 
be  allowed  and  paid  out  of  the  Treasury  of  this  Common- 


144!        PETER  C.  BROOKS.— J?e&.  10,  1816. 

wealth,  to  Lemuel  Weeks,  the  sum  of  one  hundred  and  fifty 
dollars,  in  full  of  his  services  as  Agent  to  said  Common- 
wealth, in  taking  care  of  the  ordnance  deposited  at  Portland, 
and  the  superintendence  of  fort  Burrows,  the  b^racks  and 
works  and  munitions  of  war  deposited  there,  up  to  the  fif- 
teenth day  of  June  last  past. 


CHAP.  CLI. 

S.esolve  autliorizins;  Peter    C.   Brooks  to  sell  and  convey 
certain  real  estate.     10th  February,  1816. 

On  the  representation  of  John  Hubbart,  of  Boston,  in  the 
county  of  Suffolk,  father  of  Joseph  Snow  Hubbart  and  Tho- 
mas Tuttle  Hubbart,  minors,  under  the  age  of  fourteen  years, 
and  of  Peter  C  Brooks,  of  said  Boston,  Guardian  to  said 
minors,  for  reasons  set  forth  in  their  several  petitions  ; 

Resolved,  That  the  Hon.  Peter  C.  Brooks,  of  Boston,  in 
the  county  of  Suffolk,  Guardian  to  Joseph  Snow  Hubbart 
and  Thomas  Tuttle  Hubbart,  children  of  John  Hubbart,  of 
said  Boston,  gentleman,  under  the  age  of  fourteen  years,  be, 
and  he  hereby  is  authorized  and  empowered,  by  and  with 
the  consent  of  the  said  John,  to  bargain,  sell  and  convey, 
at  public  or  private  sale,  at  liis  discretion,  all  or  any  part 
of  the  real  estate  of  which  said  minors  are  or  may  be  seized 
in  virtue  of  the  last  will  and  testament  of  Elizabeth  Par- 
tridge, late  of  Brookline,  in  the  county  of  Norfolk,  widow  5 
said  Guardian  first  giving  bonds  with  sulficient  sureties  to 
the  Judge  of  Probate  for  the  county  of  Norfolk,  to  invest 
and  dispose  of  the  proceeds  of  such  sales,  and  any  other  es- 
tate that  may  come  to  his  possession,  as  Guardian  to  said 
minors,  at  interest,  at  his  discretion  ;  said  interest  or  the  in- 
come arising  from  such  proceeds  to  be  paid  annually  OV  of- 
tener  if  received,  to  the  said  John  Hubbart  during  his.natu- 
ral  life,  and  the  principal  of  all  such  investments  to  be  trans- 
ferred and  paid  over  to  them,  the  said  Joseph  Snow  Hub- 
bart and  Thomas  Tuttle  Hubbart,  upon  the  decease  of  said 
John  Hubbart,  if  they  shall  tlien  be  of  full  age,  and  if  not, 
when  they  shall  arrive  at  full  age,  or  in  case  of  their  decease, 
to  their  legal  representatives,  deducting  from  such  payments, 
such  commissions  as  said  Judge  of  Probate  shall  from  time 


J.  LOCKE— N.  NASON.— JPVfc.  10, 1816.      14:15 

to  time  decree  said  Guardian  for  his  services,  and  hy  said 
Judge  to  be  apportioned  on  said  John  and  said  minors. 


CHAP.  CLII. 

Resolve  authorizing  Joseph  Locke  to  apply  monies  to  the 
payment  of  Joseph  HilVs  debts.     10th  February,  1816. 

On  the  petition  of  Joseph  Locke,  Guardian  to  Joseph 
Hill,  a  minor,  praying  that  he  may  be  authorized  to  pay  and 
apply  the  sum  of  six  hundred  and  thirty  dollars  of  money 
belonging  to  said  minor,  to  discharge  so  much  of  the  debts 
due  from  the  estate  of  Joseph  Hill,  deceased  : 

Resolved,  For  reasons  state<l  in  said  petition,  that  the  said 
Joseph  Locke,  Guardian  as  aforesaid,  be,  and  he  hereby  is 
authorized  to  apply  the  sum  aforesaid,  when  he  shall  have 
the  same  in  his  hands,  towards  the  payment  of  the  debts  due 
from  the  estate  of  the  said  Joseph  Hill,  deceased  ;  and  upon 
his  producing  satisfactory  evidence  thereof  to  the  Judge  of 
Probate  for  said  county  of  Middlesex,  the  said  Judge  is  here- 
by authorized  and  required  to  allow  the  same  to  the  said 
Locke  in  the  settlement  of  his  Guardianship  account. 


CHAP.  CLin. 

Resolve  granting  J\*athan  JSTason,  SI 33  02,  for  expenses  in 

an  action  of  ejectment  hy  the  Commomvealth, 

10th  February,  1816. 

On  the  petition  of  Kathan  Nason,  praying  to  be  reimbursed 
for  money  paid  the  Commonwealth,  for  bills  of  costs  in  an. 
action  of  ejectment  brought  against  him  by  said  Common- 
v/ealth,  for  land  which  did  not  belong  to  the  Commonwealth ; 

Resolved,  For  reasons  set  forth  in  said  petition,  that  there 
be  allowed  and  paid  out  of  the  Treasury  of  this  Common- 
wealth, to  the  said  Nathan  Nasoii,  the  sum  of  one  hundred 
and  thirty- three  dollars  and  two  cents,  in  full  consideration 
for  all  monies  paid  by  him  as  aforesaid. 


m     D.  JilLL— N.  INGERSOL.— JFe6. 10, 181^, 


CHAP.  CLIV. 

Resolve  covfirmins;  to  Dorcas  Hill  her  dower, 
10th  i^'ebruary,  1816. 

On  the  petition  of  Dorcas  Hill,  praying  that  the  assign- 
ment of  her  dower,  in  the  estate  of  her  late  husband,  Joseph 
Hill,  may  be  confirmed  : 

Resolved,  For  reasons  sef  forth  in  said  petition,  that  the 
report  of  the  Commissioners  appointed  by  the  Judge  of  Pro- 
bate to  set  off  and  assign  to  the  said  Dorcas,  her  dower  in  the 
estate  of  her  said  deceased  husband,  dated  on  the  fourth  day 
of  May,  A.  D.  1811,  and  the  decree  of  the  said  Judge  of 
Probate  accepting  thereof,  dated  on  the  sixteenth  day  of 
said  May,  be,  and  the  same  are  hereby  rendered  as  valid 
and  firm  to  all  intents  and  purposes,  against  the  heirs  of  said 
Joseph  Hill,  deceased,  and  all  persons  claiming  under 
them,  as  though  the  premises  had  not  been  under  mortgage 
at  the  time  of  the  said  Joseph's  decease. 


CHAP.  CLV. 

Resolve  granting  further  time  to  perform  settlement  duties 

on  lands  granted  to  Groton  Academy. 

10th  February,  1816. 

On  the  petition  of  Nathaniel  Ingersol,  for  himself,  and 
John  Hodgdon,  praying  further  time  to  settle  the  grants 
made  to  Groton  and  Westford  Academies. 

liesolvedy  For  reasons  set  forth  in  said  petition,  that  a 
further  time  of  one  year,  from  the  first  day  of  June  next,  be, 
and  hereby  is  allowed  to  the  said  Nathaniel  Ingersol  and 
John  Hodgdon,  their  heirs  or  assigns,  to  perform  the  settling 
duties  required  by  the  deeds  of  said  grant.  And  if  the 
said  Nathaniel  Ingersol  and  John  Hodgdon,  proprietors  of 
said  grants,  their  heirs  or  assigns,  shall  settle  upon  each  of 
said  half  townships  the  number  of  ten  families  within  the 
said  time,  that,  then  the  estate,  right  and  title  thereto  re- 
spectively shall  be  as  valid,  full  and  effectual  to  all  intents 
and  purposes,  as  if  the  said  conditions  of  settlement  had 
been  seasonably  complied  with:   ^Provided,  nevertheless^ 


SETTLERS  IH  BRISTOL. —Fefe.  10,  1816.    147 

that  the  said  Nathaniel  Ingersol  and  John  Hodgdon  shall, 
oil  or  before  the  first  day  of  June  next,  respectively,  give 
bonds  to  the  Com aion  wealth  in  the  sum  of  six  hundred  dol- 
lars  for  each  of  said  grants,  with  sufficient  surety  or  sureties, 
to  the  satisfaction  of  the  Agent  for  the  sale  of  Eastern  lands, 
conditioned  that  there  shall  be  settled  on  each  of  said  half 
townships  the  full  number  of  families  expressed  in  the  ori- 
ginal deed,  within  the  aforesaid  term,  or  pay  to  the  Com- 
uionwealth  thirty  dollars  for  each  family  that  shall  then  be 
deficient  from  the  whole  number. 

Jlnd  he  it  further  resolved,  That  the  Treasurer  of  tha 
Commonwealth  is  hereby  authorized,  upon  receiving  the 
bonds  as  above  specified,  to  cancel  the  bonds,  signed  by 
John  Hodgdon  and  Nathaniel  Ingersol,  which  are  now  lod. 
ged  in  the  Treasury-Office. 


CHAP.  CLVI. 

Resolve  g  anting  the  Settlers  in  Bristol,  Sfc.  further  tim& 
to    ay  for  their  lands.     lOth  February,  1816. 

Oti  thf  petition  of  the  Selectmen  and  others,  inhabitants 
of  the  t  wns  of  Bristol,  Edgecomb,  Newcastle,  Noblebo- 
rough.  H'aldoborough,  Jefferson  and  Boothbay,  praying 
furt*-  r  time  to  pay  for  their  lands  to  the  Commissioners  ap- 
pointed to  receive  the  same: 

Resolved,  For  rea««ons  set  forth  in  said  petition,  that  a 
further  time  be,  and  hereby  is  allowed  to  the  Settlers  v^'ho 
have  not  yet  been  quieted,  of  one  year,  fr<»m  the  passing  of 
tliis  resolve,  to  make  payment  for  their  lands  therein  men- 
tioned, and  the  ])()wers  and  duties  of  the  Commissioners  ap- 
pointed under  a  resolve  passed  the  twenty-fifth  of  February, 
cue  thousand  eight  hundred  and  thirteen,  are  {)rolonged.  and 
they  may  make  such  deeds  to  said  Settlers,  as  in  said  last 
mentioned  resolve  authorized,  until  the  expiration  of  one 
year,  from  the  date  of  this  resolve,  upon  payment  by  the 
Settlers  of  such  sums,  as  by  the  terras  of  said  resolve  may  be 
diie  with  interest  till  paid.  And  it  siiall  be  the  duty  of  said 
Commissioners  to  make  their  final  return,  in  said  resolve  re- 
quired, to  the  first  Session  of  the  General  Court  holden 
in  May,  one  thousand  ei^ht  hundred  and  seventeen ;  but 
30 

I 


1*8     TOWNS  IN  DIS.  MAINE.— Fe&.  10,  1816 

no  person  shall  be  considered  a  Settler  under  said  resolve 
by  reason  of  a  settlement  originating  after  tiie  passing  thereof. 


CHAP.  CLVII. 

JResolve  on  the  jjetitions  of  sundry  towns  and,  individuals  in 
the  District  of  Maine,  praying  for  a  separation  of  that 
District  from  the  other  part  of  this  State, 
10th  February,  1816. 

liesolved,  That  it  shall  be  the  duty  of  the  Selectmen  of 
the  several  towns  and  districts,  and  of  the  Assessors  of  the 
several  plantations  withiti  the   District  of  Maine  to  issue 
their  warrants,   requiring    the   inhabitants   of  said   towns, 
districts  and  plantations,  respectively,  who  are  qualified  to 
vote  in  the  choice  of  Senators  in  the  General  Court,  to  as- 
semble  on  Monday,  the  twentieth  day  of  May  next,  and 
give  in  their  written  votes  on  the  following  question,  to  wit : 
*»  Shall  the  Legislature  be  requested  to  give  its  consent  to 
the  separation  of  the  District  of  Maine  from  Massachusetts 
proper,  and  to  the  erection  of  said  District  into  a  separate 
State?" — And  it  shall  be  the  duty  of  said  Selectmen  and 
Assessors  to  receive  and  certify  tlie  whole  number  of  votes 
given  in  at  said  meetings,  respectively,  by  the  voters  qua- 
lified as  aforesaid,  for  and  against  such  separation,  together 
with  the  whole  number  of  qualified  voters  in   such  town^ 
district  or  planiation.     And  it  shall  also  be  the  duty  of  said 
Selectmen  and  \ssessors,  respectively,  in  the  said  meetings, 
to  make  public  declaration  of  the  number  of  votes  given  in 
as  aforesaid,  and  to  attest,  seal  up  and  transmit  certificates 
of  the  srane  to  the  Secretary's  office,  on  or  before  the  second 
Wednesday  of  the  first  session  of  the  next  General  Court. 
And   ilie  Secretary  is  hereby  directed  to  forward,  as  soon 
as  may  be.   a  copy  of  this  resolve  to  the  Selectmen  of  the 
several  towns   ajid  districts.''  and  the  Assessors  of  the  seve 
ral  plantations,  in  the  said  District  of  Maine. 


# 


E.  SER.— CON.  CHURCHES.— Fe&.  10,  1816.       149 


CHAP.  CLVUI. 

Mesolve,  allowing  fifty  dollars  for  iJie  Gentleman  wlio  may 
f  reach  the  election  sermon^     10th  February,  1816. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  l^rea- 
sury  of  this  Coramonwealth,  annually,  the  sum  of  fifty  dol- 
lars to  the  Gentleman  who  shall  preach  the  Election  Ser- 
mon on  the  day  of  General  Election  in  May. 


CHAP.  CLIX. 

Hesolve  autjiorizing  the  Congregational  Churches  in  the 
County  of  Barnstable  to  sell  their  Shares  in  cer'^ain  real 
estate,     isith  February,  181 6. 

Whereas  it  appears  that  the  several  Con2;regational 
Churches  in  the  county  of  Karnstable,  are  tenants  in  cmi- 
mon  of  certain  real  estate,  situate  in  said  county,  and  de- 
vised to  them  in  and  bv  the  last  will  and  testament  of  Doe- 
tor  Abner  Hersey,  late  of  the  town  of  Barnstable,  in  said 
county,  deceased;- — And  whereas  it  also  appears  thit  the 
management  of  said  real  estate  in  common  is  attended  with 
great  inconvenience  and  expense,  and  that  the  same  has 
heretofore  been  m«f1iaged  in  an  unproductive  manner; 

Therefore  resolved^  That  the  several  Congregational 
Churches  in  the  county  of  Barnstable  aforesaid,  and  each  of 
them  be,  and  they  hereby  are  authorized  to  sell  and  convey, 
and  by  their  respective  Agents  or  Committee  appointed  for 
that  purpose,  to  execute  deeds  to  sell  and  convey  their  res- 
pective shares  and  interest  in  said  real  estate,  as  soon  as 
may  be ;  and  upon  such  sale  of  any  or  all  of  said  shares 
being  made,  to  put  the  proceeds  thereof  at  interest,  upon 
good  security  in  the  most  advantageous  manner,  and  to  ap- 
ply the  annual  interest  and  income  thereof  to  the  pious  and 
charitable  purposes  mentioned  by  the  Testator  in  his  last 
will  and  testament  aforesaid. 

And  be  it  further  resolved.  That  the  said  several  Church- 
es and  each  of  them  be,  and  they  hereby  are  authorized  to 
make  any  agreement  or  compromise,  v/hich  they  may  think 
proper  in  the  premises  with  the  heirs  at  law  of  the  said  T<s|- 


150  TREASURER.— I^e&.  13,  1816. 

tator,  as  well  touching  the  said  sale,  as  the  application  of 
the  proceeds  thereof. 


GHAP.  CLX. 

Hesolve  directiv^^the  Treasurprto  pay  sevpn  hiindrpd  dol- 
lars ib  the  Clerk  of  thp  Supreme  Court  in  Middlesex 
county,  for  the  use  of  James  Martin.     12th  Feh.  18i6. 

On  the  petition  of  Je«se  Parker  in  the  county  of  Middle- 
sex, Administrator  of  the  estate  of  Winslow  Parker,  late  of 
said  Groton,  deceased,  it  appearing  that  this  Commonwealtli, 
on  the  15th  day  of  Decemher,  A.  D.  1784,  by  deed  of  that 
date,  of  their  Comniittee,  fully  authorized,  for  a  valuable 
consideration,  paid  by  said  Winslow  to  the  use  of  the  Com- 
jnonwealtli,  sold  and  conveyed  with  warranty  against  the 
claims  of  all  persons,  a  certain  messuage  and  three  several 
tracts  of  land  in  said  Groton,  to  hold,  to  him,  his  heirs  and 
assigns  forever :  It  also  appearing  that  James  Martin,  Es- 
quire, of  the  city  of  Washington,  in  the  District  of  Colum- 
bia, at  the  Supreme  Judicial  Court  of  said  Commonwealth, 
liolden  at  Cambridge  in  and  for  the  county  of  Middlesex,  on 
the  last  Tuesday  oi  October  last,  recovered  judgment  for  one 
undivided  moiety  of  the  premises,  with  the  costs  of  the  suit, 
against  the  said  Jesse  and  Jonas  longley  Parker,  VV-inslow 
Parker,  Libni  Parker,  Dan  Parker,  Nathaniel  Parker,  Job 
Parker,  Harriot  Parker,  Nabby  Parker,  Clark  Parker,  An- 
na Parker  and  Sabrina  Parker,  children  and  heirs  of  the  said 
Winslow,  deceased,  and  tenants  of  the  premises,  and  that 
the  Jury  estimated  the  value  of  said  moiety  of  the  premises, 
without  the  improvements,  at  seven  hundred  dollars ;  and 
that  the  said  Martin,  tlien  and  there  in  due  form  of  law  a- 
bandoned  the  said  premises  to  the  said  tenants  ; 

Therefore  resolved,  That  the  Treasurer  of  this  Common- 
wealth be,  and  he  is  hereby  directed,  by  warrant  from  his 
Excellency  the  Governor,  immediately  to  pay  over  into  the 
bands  of  the  Clerk  of  the  Supreme  Judicial  Court  for  the 
county  of  Middlesex,  the  sum  of  seven  hundred  dollars, 
with  interest  thereof,  from  and  after  the  iirst  day  of  Decem- 
ber last,  for  the  use  of  said  Martin,  together  with  the  costs  of 
bis  said  suit,  to  be  taxed  by  the  said  Clerk,  and  to  flip  with 
ih^aid  Clerk  an  attested  copy  of  this  resolve ;  and  the  saiti 


MOSES  KNAPP.— Ff6.  IS,  1816.  151 

JVlartin  is  to  be  deemed  to  he  thenceforth  forever  barred  and 
p  eciuded  from  the  premises,  and  every  part  and  parcel 
tnereof. 

And  be  it  fiirthpr  resolved.  That  the  said  Treasurer  be, 
and  he  is  hereby  directed,  by  warrant  from  his  Excellency 
the  Govern<tr,  immediately  to  pay  over  into  the  hamls  of  said 
Jesse  Parker,  the  sum  of  one  hundred  dollars,  to  be  taken 
in  full  compensation  for  the  claims  of  said  tenants  upon  the 
Commonwealth  for  tiieir  costs  and  charges  about  the  de- 
fence of  said  suit. 


CHAP.  CLXI. 

Hesolve  on  tJie  petition  of  Moses  ICnap-p,  directing  thp  Agent 
on  Eastern  lands  to  cause  lots  of  settlers  on  J\*o.  4,  east 
side  of  Penobscot  iiiver  to  be  surveyi^d,  and  granting  fur- 
ther time  for  payment.     12th  February,  1816. 

On  the  petition  of  Moses  Knapp,  praying  leave  to  pur- 
chase a  lot  of  land  in  Plantation  Number  Four  on  the  east 
side  of  Penobscot  river  adjoining  Eddington. 

Whereas,  by  a  resolve  passed  June  13,  t8li>,  on  the  pe- 
tition of  Anna  Palmer,  and  Eber  Hathorn,  which  resolve 
embraces  the  object  of  the  above  petitioner,  but  by  the  pro- 
visions of  said  resolve  a  survey  was  to  have  been  made  on 
or  before  September.  1815  ;  the  Agent  on  Eastern  lands 
appointed  Charles  Hammond,  Esquire,  to  make  the  survey, 
but  in  consequence  of  the  sickness  and  death  of  said  Ham- 
mond, said  resolve  has  not  been  carried  into  effect. 

Therefore  resolved,  That  a  further  time  of  one  year,  from 
the  passing  of  thi^^  r  solve,  be,  an  1  hereby  is  allowed  the 
settlers  to  pay  for  their  several  lots,  and  the  Agent  for  Kas- 
tern  lands  is  hereby  authorized  to  cause  the  same  to  be  sur- 
veyed in  the  way  and  manner  provided  in  said  resolve  of 
June  13,  1814. 


CHAP.  CLXII. 

Resolve  appiinting  a  Committee  to  report  relative  to  the 

removal  of  two  half  toll  gates  on  the  Housatonic  Turnpike, 

13th  February,  1816. 

"Whereas  a  petition  is  now  depending  before  the  Legis. 


153      LIST  OF  NEW  TOWNS.—F©^.  13,  1816. 

lature  in  behalf  of  the  Housatonic  Turnpike  Corporation, 
and  the  Hudson  Turnpike  Corporation,  praying  that  the 
two  half  toll  gates  of  said  Corporations,  which  are  now 
situated  about  one  mile  west  of  Dwight's  mills  in  West 
Stockbridge,  in  the  county  of  Berkshire,  may  be  removed, 
and  that  in  lieu  thereof,  one  gate  may  be  placed  at  some 
convenient  place  east  of  the  road  leading  from  Great  Bar- 
rington  to  the  village  of  West  Stockbridge,  and  between 
said  road  and  the  foot  of  West  Stockbridge  mountain, 
where  the  Housatonic  Turnpike  road  coincides  with  the 
county  or  old  road,  with  such  toll,  as  to  the  Legislature 
may  seem  reasonahle ;  and  whereas  the  justice  and  pro- 
priety of  said  petition  can  better  be  ascertained  by  discreet 
persons  upon  a  view  of  the  premises  than  by  this  Legis- 
lature ; 

Therefore  resolved.  That  Wolcott  Hubbell,  Joshua  Dan- 
forth  and  David  Wainright,  Esqs.  be  a  Committee  for  the 
purposes  herein  after  stated  ;  that  is  to  say,  to  view  the  said 
premises,  and,  after  a  hearing  of  the  parties  interested, 
make  report  to  the  first  Session  of  the  next  General  Court 
the  opinion  of  said  Committee,  where  the  said  gate  or  gates 
ought  to  be  placed,  and  what  toll  ought  to  be  received 
thereat,  and  whether  any,  or  what  persons  ought  to  be  ex. 
empted  from  paying  toll  thereat :  Provided^  nevertheless^ 
that  in  case  of  the  refusal,  inability  or  neglect  of  any  one  of 
the  said  Committee  to  perform  the  service  aforesaid,  his 
place  shall  be  supplied  by  the  appointment  of  the  other 
two ;  that  the  compensation  of  the  said  Committee  shall  be 
paid  by  the  said  Corporations ;  and  provided  also,  that  the 
said  Committee  shall  give  notice  of  the  time  and  place  of 
their  meeting  for  the  purposes  aforesaid,  at  least  fourteen 
days  before  said  time,  by  a  publication  in  the  news-paper 
printed  at  Stockbridge,  in  said  county. 


CHAP.  CLXin. 

Resolve  directing  the  Secretary  to  lay  before  the  General 
Court  a  list  of  new  Towns.     13th  February  1816. 

Resolved,  That  it  shall  be  the  duty  of  the  Secretary  of 
this  Commonwealth,  sometime  in  the  first  week  of  the  se- 
,cond  session  of  the  next  General  Court,  audiu  the  first  week 


J.  BAILEY  &  B.  OUR,  E^qS.—FeL  13,  1816.         im 

of  the  second  session  of  every  succeeding  General  Court, 
to  lay  before  thera  a  correct  list  of  the  njtnies  of  all  tiie 
towns  incorporated  from  plantations  or  other  tracts  of  land 
the  year  preceding,  with  the  names  they  originally  bore, 
and  also  a  like  list  of  the  names  of  all  towns  which  may  have 
been  incorporated  the  year  preceding  out  of  one  or  more  old 
towns,  with  the  name  of  the  town  or  towns  from  which  they 
were  taken. 


CHAP.  CLXIV. 

Resolve  on  the  report  of  Hon.  Jeremiah  Bailey  and  Benja- 
min Orr,  Esqs.  Commissioners  for  giving  deeds  to  set- 
tlers in  Lincoln  county.     13th  1^  ebruary,  1816. 

"VThereas  the  Hon.  Jeremiah  Bailey  and  Benjamin  Orr, 
Esqs.  appointed  Commissioners  by  his  Excellency  the  Go- 
vernor, under  a  resolve  passed  the  25th  February,  1813,  lor 
certain  purposes  therein  mentioned,  have  produced  plans  of 
several  towns,  with  the  settlers'  lots  thereon  described,  and 
also  a  schedule  of  the  names  of  settlers,  with  the  amount  they 
have  respectively  paid,  which  suras,  amounting  to  five  thou- 
sand seven  hundred  and  twenty-seven  dollars  and  sixty- 
eight  cents,  after  deducting  two  and  a  half  per  cent,  they 
have  paid  into  the  Treasury  of  this  Commonwealth  : 

And  whereas  the  snid  Commissioners  have  not  been  able 
to  complete  the  duty  assigned  them,  owing  to  the  settlers  in 
some  instances  not  being  able  to  make  payment  in  season,' 
and  other  settlers  being  on  or  near  the  lines  of  the  grant  to 
Lincoln  Academy,  wliich  lines  are  not  properly  defined  : 

Therefore  resolved^  That  the  said  Commissioners  be  al- 
lowed to  take  from  the  Land  office,  the  plans  of  said  towns 
lodged  in  said  office  by  them,  for  the  purpose  of  completing 
the  object  of  the  resolves  passed  February  twenty. fifth, 
1813,  and  February  twenty-eighth,  1814,  tor  be  restored  to 
said  office,  when  they  make  their  final  report. 

Resolved,  That  the  Trustees  of  the  Lincoln  Academy  be, 
and  they  hereby  are  authorized  and  requested  to  receive  from 
such  settler  who  has  settled  on  the  Gore  of  Land,  so  called, 
bounded  easterly  by  the  Waldo  line;  southerly  by  the  Drown 
line,  and  westerly  by  the  Plymouth  line,  as  laid  down  and 
delineated  on  a  plan  taken  by  Daniel  Ros^  and  John  Glea- 


154    JtJD.  PROBATE— W.  YOUNG.- l^Vft.  13,  i8l6. 

son,  June,  1812,  on  the  same  terras  and  conditions,  and  the 
same  time  for  payment  as  settlers  on  the  towns  aforesaid, 
and  convert  the  money  received  therefor  to  the  use  of  said 
Academy,  conformably  to  the  resolve  passed  twenty-eiglith 
Fe])raary,  181  i. 

And  be  it  further  resoJvpd,  That  there  be  granted  to  Jere- 
miah Bailey  and  Benjamin  Orr,  Fsqs  the  sum  of  one  thou- 
sand dollars,  on  account  of  their  services  as  Commissioner^ 
aforesaid  ;  and  his  Excellency  the  Governor,  is  requested 
to  draw  his  warrant  on  the  Treasurer  for  the  same. 


CHAP.  CLXY. 

Resolve  authorizing^  the  Jids;?  of  Probate  for  th^  coiivfy 
of  Berkshire  to  allow  farther  time  to  the  creditors  of  Wil- 
liam Young  to  brin^  in  their  clalma. 
13th  February,   l«l6. 

Upon  the  representation  of  the  Solicitor-General,  pray- 
ing that  the  Judge  of  Probate  f«>r  the  county  of  Berkshire 
may  be  authorized  and  directed  to  allow  a  further  time  to 
the  creditors  of  the  estate  of  William  Young,  late  of  VVii- 
liamstown,  in  the  said  county  of  Berkshire,  deceised,  repre- 
sented insolvent,  for  bringing  in  and  proving  their  claims  : 

Resolved^  For  reasons  set  forth  in  tlie  representation  of 
the  said  Solicitor-General,  that  the  Judge  of  Prohate  of 
Wills,  &c.  in  the  said  county  of  Berkshire  be,  and  he  is 
hereby  authorized  and  directed  to  allow  a  further  tihte,  not 
exceeding  three  months,  to  the  creditors  of  the  estate  of  said 
William  Young,  to  bring  in  and  prove  their  claims  upon 
said  estate  before  the  Commissioners.  And  the  said  C<un- 
missioners  are  hereby  authorized  and  directed  to  receive, 
examine  and  allow  any  further  claims  against  said  estate 
in  the  same  manner  as  they  have  examined  and  allowed  the 
claims  of  the  creditors  of  said  estate,  who  have  heretofore 
exhibited  their  said  claims.  The  said  C<mimissi(mers  to 
give  such  notice  of  their  further  meetings  as  the  said  Judge 
of  Probate  for  said  county  of  Berkshire  shall  order  and 
direct. 


AMENDT.  CONSTITUTION.— Fe6.  13^  1816.       156 


CHAP.  CLXVI. 

Resolve  jprojposing  an  amendment  to  the  Constitution  of  the 
United  States.     13th  February,  1816. 

THE  Committee  to  whom  was  referred  a  Resolution  of 
the  State  of  North  Carolina,  proposing  an  amendment  to  the. 
Constitution  of  tiie  United  States,  ask  leave  to  Report : 

That  all  the  principles  contained  in  the  three  first  para- 
graphs of  the  said  Resolution,  meet  the  unanimous  concur- 
rence of  your  Committee;  but  that  the  principle  contained 
in  the  fourth  paragraph  meets  their  unanimous  dissent,  in- 
asmuch as  its  effect  is  to  render  forever  permanent  the  Dis- 
tricts, into  which  any  State  may  first  be  divided,  until  by  a 
census  and  apportionment,  the  number  of  Representatives 
to  which  such  State  may  be  entitled,  shall  be  changed ;  so 
that,  until  this  happen,  whatever  alteration  may  take  place 
in  the  relative  proportion  of  the  inhabitants  entitled  to  re- 
presentation within  the  respective  Districts,  no  correspond- 
ing alteration  of  the  Districts  can  be  attained.  A  principle-, 
in  the  opinion  of  your  Committee,  incorrect  in  itself,  and  in 
its  operation  likely  to  be  productive  both  of  inequality  and 
inconvenience. 

Your  Committee  do  not  apprehend  that  any  disadvantage 
can  result  from  enabling  each  State  Legislature  immediate- 
ly after  every  new  census  and  apportionment,  to  revise  the 
state  of  their  respective  Districts  for  the  purpose  of  remedy- 
ing any  inequality  which  may  have  occurred  in  the  relations 
of  the  population,  within  the  respective  Districts. 

They  therefore  recommend  that  the  Legislature  should 
reject  the  Resolution  proposed  by  the  State  of  North 
Carolina. 

But  inasmuch  as  the  general  principles  contained  in  the 
proposition  transmitted  from  the  State  of  North  Carolina, 
meet,  in  other  respects,  the  concurrence  of  your  Committee^ 
they  ask  leave  to  recommend  for  the  consideration  of  the 
Legislature,  a  Resolution  embracing  all  the  principles  in- 
cluded in  the  Resolution  from  the  State  of  North  Carolina^ 
with  the  exception  of  that  which  your  Committee  deemed 
objectionable,  and  modifying  this  upon  principles,  whic.h 
your  Committee  deem  both  safe  and  expedient. 
SI  • 


iob      AMENDT.  CONSTITUTION— Fe6.  13,  1916. 

Your  Committee,  in  conformity  to  the  preceding  Report, 
ask  leave  to  present  two  Resolutions  for  the  consideration 
and  adoption  of  the  Legislature. 

By  order  of  the  Committee, 

JOSIAH  qUINCY,  Chairman. 


Commomcealth  of  Massachusetts, 

FEBRUARY,  181G. 

Besolved,  That  the  proposition  of  an  amendment  to  the 
Constitution  of  the  United  States,  in  the  words  following,  viz. 

<•'  That  for  the  purpose  of  choosing  Representatives  in 
ihe  Congress  of  the  United  ??tates,  each  State  shall,  by  its 
Legislature,  be  divided  into  a  number  of  Districts  equal  to 
the  number  of  Representatives  to  which  such  State  may  be 
entitled. 

Those  Districts  shall  be  formed  of  contiguous  territory, 
and  contain  as  nearly  as  may  be,  an  equal  number  of  inhab- 
itants entitled  by  the  Constitution  to  be  represented.  In: 
each  District  the  qualified  voters  shall  elect  one  Represent- 
ative, and  no  more. 

That  for  the  purpose  of  appointing  Electors  of  President 
and  Vice-President  of  the  United  States,  each  State  shall, 
by  its  Legislature,  be  divided  into  a  number  of  Districts 
equal  to  the  number  of  Electors  to  which  such  State  may 
be  entitled. — Those  Districts  shall  be  composed  of  conti- 
guous  territory,  and  contain  as  nearly  as  may  be,  an  equal 
number  of  inhabitants,  entitled  by  Uie  Constitution  to  repre- 
sentation. In  each  District  the  persons  qualified  to  vote 
for  Representatives,  shall  appoint  one  Elector,  and  no  more. 
The  Electors  when  convened,  shall  have  power,  in  case 
any  of  those  appointed,  as  above  prescribed,  shall  fail  to  at- 
tend for  the  purposes  of  their  said  appointment,  on  the  day 
prescribed  for  giving  their  votes  for  President  and  Vice- 
President  of  the  United  States,  to  appoint  another  or  others 
to  act  in  the  place  of  him,  or  them,  so  failing  to  attend. 

Neither  the  Districts  for  choosing  Representatives,  nor 
those  for  appointing  Electors,  shall  be  altered  in  any  State, 
until  a  census  and  apportionment  of  Representatives,  undei' 


AMENDT.  CONSTITUTION.— JPefe.  13,  1816.      15> 

it,  made  subsequent  to  the  division  of  the  State  into  Dis- 
tricts, shall  change  the  number  of  Representatives  and  of 
Electors,  to  which  such  State  may  be  entitled. — The  di- 
vision of  the  State  into  Districts,  hereby  provided  for,  shall 
take  place  immediately  after  this  amendment  shall  be  adop- 
ted and  ratified  as  a  part  of  the  (  oustitution  of  the  United 
States  ;  and  successively  afterwards,  whenever  by  a  censu? 
and  apportionment  of  Representatives  under  it,  the  number 
of  5 Representatives  and  of  Electoi's,  to  which  any  State  may 
be  entitled,  shall  be  changed.  The  division  of  such  State 
into  Districts  for  the  purposes  both  of  choosing  Represent- 
atives and  of  appointing  Electors,  shall  be  altered  agreeably 
to  the  provisions  of  this  amendment,  and  on  no  other 
occasion  :'^ 

Be  and  the  same  is  hereby  rejected ;  and  that  His  Ex- 
cellency the  Governor  be  requested  to  transmit  copies  of 
this  Resolution  to  the  Executives  of  the  several  States,  and 
to  each  of  our  Senators  and  Representatives  in  the  Con- 
gress of  the  United  States. 


Commonwealth  of  Massachusetts, 

IN  SENATE,  9th  FEBRUARY,  1816. 

Resolvedf  That  our  Senators  in  the  Congress  of  the  U- 
nited  States  be  instructed,  and  our  Representatives  be  re- 
quested to  endeavour  to  obtain  the  following  amendment  to 
the  Constitution  of  the  United  States. 

That  for  the  purpose  of  choosing  Representatives  in  the 
Congress  of  the  United  States,  each  State  shall,  by  its  Le- 
gislature, be  divided  into  a  number  of  Districts,  equal  to 
the  number  of  Representatives,  to  which  such  State  may  be 
entitled. 

Those  Districts  shall  be  formed  of  contiguous  territory, 
and  contain,  as  nearly  as  may  be,  an  equal  number  of  in- 
habitants entitled  by  the  Constitution  to  be  represented. 
In  each  District  the  qualified  voters  shall  elect  one  Repre- 
sentative and  no  more. 

That  for  the  purpose  of  appointing  Electors  of  President 
and  Vice-President  of  the  United  States,  each  State  shall, 
by  its  Legislature,  be  divided  into  a  number  of  Districts  e^ 


ids      AMENDT.  CONSTITUTION.— F^ft.  13,  1816. 

qual  to  the  number  of  Electors,  to  wbieb  such  State  may  be 
entitled.  Those  Districts  shall  be  composed  of  contiguous 
territory^  and  contain,  as  nearly  as  may  be,  an  equal  num- 
ber of  inhabitants  entitled  by  the  Constitution  to  represent- 
ation. In  each  District  the  persons  qualified  to  vote  for 
Representatives  shall  appoint  one  Elector,  and  no  more. 
The  Electors,  when  convened,  shall  have  power,  in  case 
any  of  those  appointed  as  above  prescribed  shall  fail  to  at- 
tend for  the  purposes  of  their  said  appointment,  on  the  day 
prescribed  for  giving  their  votes  for  President  and  Vice 
President  of  the  United  States,  to  appoint  another  or  others 
to  act  in  the  place  of  him  or  tliem  so  failing  to  attend. 

Neither  the  Districts  for  choosing  Representatives,  nor 
those  for  appointing  Electors  shall  be  altered  in  any  State 
until  a  census  and  appoitionment  of  Representatives,  under 
it,  subsequent  to  the  division  of  the  State  into  Districts, 
shall  be  made.  Tbe  division  of  States  into  Districts,  here- 
by provided  for,  shall  take  place  immediately  after  this  a- 
mendn.ent  shall  be  adopted  and  ratified,  as  a  part  of  thi^ 
Constitution  of  the  United  States  ;  and  successively  imme- 
diately afterwards,  whenever  a  census  and  apportionment 
of  Representatives  under  it,  shall  be  made.  The  division, 
of  such  State  into  Districts,  for  the  purposes  both  of  choos- 
ing Representatives,  and  of  appointing  Electors,  shall  be 
altered  agreeable  to  the  provisions  of  this  amendment,  and 
on  no  other  occasion. 

Resolved^  That  His  Excellency  the  Governor  of  this 
Commonwealth  be  requested  to  forward  a  copy  of  the  pre- 
ceding resolutions  to  eacii  of  our  Senators  and  Represent- 
atives in  the  Congress  of  the  United  States,  and  also  to  the 
Executive  of  the  several  States,  accompanied  v/ith  a  re- 
quest, that  the  same  may  be  laid  befwre  their  respective  Le- 
kislatures  for  their  consideration  and  adoption. 

In  Senate^  Fehruary  9,  1816. 

Read  and  accepted  by  unanimous  vote.  Sent  down  for 
concurrence.  JOHN  PHILLIPS,  President. 

Mouse  of  Mepresentatives,  Fehruary  13,  1816. 

Ilead  and  concurred  by  a  unanimous  vote. 

TIMOTHY  BIGELOW,  Speaker. 


s.  WHiTiisre— MU.  of  war—jF^s.  is,  isie.     159 


CHAP.  CLXVII. 

Resolve  allowing  S80  86  cents  to  Stephen  Whiting,  a  snh 
dier,  killed  in  the  revolutionary  war,  to  he  paid  his  heirs, 
13th  February,  1816. 

Resolved,  That  there  be  allowed  and  paid  out  of  the 
Treasury  of  this  Commonwealth,  to  the  legal  heirs  of  Ste- 
phen Whiting,  a  soldier,  who  was  killed  in  the  service  of 
his  country,  during  the  revolutionary  war,  the  sum  of  eighty 
dollars  and  eighty-six  cents,  being  a  balance  of  pay  due  him 
at  that  time,  including  interest  to  the  first  day  of  January, 
in  the  year  of  our  Lord  eighteen  hundred  and  sixteen ;  and 
that  his  Excellency  the  Grovernor  be  requested  to  draw  his 
warrant  on  the  Treasurer  for  that  sum. 


CHAP.  CLXVIII. 

Resolve  directing  the  Quarter-Master- General,  relative  to 
Munitions  of  War,  loaned  to  towns,  8(c.  and  authorizing 
the  Governor  to  cause  an  Arsenal  to  he  erected,  in  Bos- 
ton, and  in  Cambridge,     13th  February,  1816. 

Resolved,  That  all  the  towns,  plantations,  Military  Offi- 
cers, and  individuals  of  every  description,  who  have  recei- 
ved from  the  Commonwealth,  its  Magazines,  and  Arsenals, 
(during  the  late  war,)  any  munitions  of  war,  or  muskets  and 
accoutrements,  and  have  not  returned  or  accounted  for  the 
same,  agreeably  to  the  resolve,  passed  June  13th,  1815,  re- 
quiring the  return  of  said  articles,  be,  and  they  hereby  are 
required  to  shew  cause,  if  any  they  have,  why  they  should 
not  be  called  upon  to  pay  the  Commonwealth,  the  amount 
of  their  delinquency,  by  transmitting  to  the  Quarter-Master- 
General's  Department,  a  fair  and  correct  statement  of  factS;. 
relative  to  their  delinquency,  by  affidavit,  on  or  before  the 
first  Wednesday  of  the  first  session  of  the  next  General 
Court ;  and  the  Quarter-Master-General  is  hereby  required 
to  lay  the  same  before  the  then  Legislature,  for  their  con- 
sideration and  determination  :  Provided  hoivever,  that  in 
case  any  of  the  said  delinquents  shall,  on  orbef«ne  the  said 
first  Wednesday,  return  anyof  «?aid  articles  to  the  Quarter- 


160       MUNITIONS  OF  WXR.^Feb.  13,  1816. 

Master-Greneral's  Department,  said  articles,  thus  returned, 
sliall  be  credited  for,  and  a  reasonable  allowance  for  the  ex= 
pense  of  returning  the  same,  be  made  by  the  Quarter- Mas- 
ter-Greneral. 

Be  it  further  resolved,  That  the  Quarter-Master-General 
be.  and  he  is  hereby  authorized  and  directed  to  transmit  by 
mail  to  each  of  said  delinquents,  a  copy  of  the  foregoing  re- 
Bolve. 

Be  it  further  resolved^  That  the  Governor  and  Council 
be,  and  they  hereby  are  authorized  to  cause  a  fire  proof 
Arsenal  and  Larboratory  to  be  erected,  of  such  dimensions 
as  they  may  deem  expedient,  on  the  tract  of  land  now  in  the 
possession  of  the  Commonwealth,  situated  and  bounded  on 
Pleasant-street,  in  Boston.  Also  to  cause  to  be  erected  aa 
additional  fire  proof  Store  in  Cambridge,  of  such  dimensions 
as  they  may  deem  expedient,  on  the.  land  now  owned 
by  the  Commonwealth,  as  a  more  permanent  deposit  of  the 
tents  and  camp  equipage,  gun-carriages  and  tumbrils,  ap* 
paratus,  muskets  and  accoutrements,  fixed  ammunition,  &c. 
and  for  this  purpose,  the  Governor  be,  and  he  hereby  is  au- 
thorized, by  and  with  the  advice  of  the  Council,  to  draw  his 
warrants  upon  the  Treasurer  of  this  Commonwealth,  for 
any  sum  or  sums,  not  exceeding  seven  thousand  dollars  ; 
And  the  Treasurer  of  this  Commonwealth  is  hereby  author- 
ized and  empowered  to  borrow  from  any  Bank  or  Banks  in 
this  Commonwealth,  in  the  name  of  the  Le,2;islature,  accord- 
ing to  the  provisions  of  their  several  acts  of  incorporation, 
and  upon  such  terras  and  conditions  as  therein  specified,  any 
sum  not  exceeding  seven  thousand  dollars,  for  the  purpose 
of  discharging  the  warrants  to  be  drawn  in  pursuance  of  this 
resolution. 

Be  it  further  resolved^  That  the  Quarter- Master- General 
be,  and  he  hereby  is  authorized  and  directed  to  employ  sui- 
table persons  to  repair  the  injuries  caused  by  the  frost,  to  the 
forts  recently  erected  by  this  Commonwealth,  in  Boston  and 
its  vicinity,  at  Portland  and  elsewhere. 

Be  it  further  resolved  j  That  the  resolve  providing  for  the 
purchase  of  land  and  the  erection  of  a  public  Arsenal,  passed 
on  the  thirteenth  day  of  June  last  be,  and  hereby  is  repealed. 


3.  P.  BOYD— ROAD.— Fe&.  13, 1816.  161 


CHAP.  CLXIX 

Resolve  on  the  petition  of  John  P.  Boyd,  directing  the  Agent 
on  Eastern  lands  to  cancel  bonds  and  give  a  deed  of  half 
a  township.     13th  February,  1816. 

Resolved,  For  reasons  set  forth  in  said  petition,  that  the 
Agents  for  the  sale  of  Eastern  lands,  be,  and  they  hereby 
are,  authorized  and  directed  to  cancel  the  contracts  and  notes 
of  the  said  John  P.  Boyd,  Esq.  given  to  the  use  of  the  Com- 
monwealth for  the  purchase  of  three  certain  townships  of 
land,  formerly  contracted  to  be  sold  to  Charles  Bulfinch  and 
others,  and  by  them  transferred  to  said  Boyd  ;  and,  in  con- 
sideration of  the  monies  already  paid  into  the  Treasury  of 
the  Commonwealth  by  said  Bulfinch  and  others,  and  said 
Boyd,  in  part  pay  of  said  townships,  amounting  to  four  thou- 
sand,two  hundred  and  seventy-one  dollars  and  seventy-seven 
cents,  that  said  Committee,  for  the  sale  of  Eastern  lands,  be, 
and  they  hereby  are,  authorized  and  directed  to  give  a  deed 
to  said  John  P.  Boyd  of  one  half  of  one  of  said  townships, 
to  wit,  No.  2  in  the  seventh  range,  lying  north  of  the  Wal- 
do-patent  and  between  the  rivers  Kennebec  and  Penobscot, 
and  to  locate  the  same  by  meets  or  bounds,  in  equal  moieties 
in  quantity  or  quality  between  the  Commonwealth  and  said 
Boyd,  the  said  Boyd's  moiety  thereof  to  remain  subject  to 
a  like  proportion  of  the  restrictions,  reservations  and  condi- 
tions, expressed  in  his  contract  with  the  said  Committee  for 
the  sale  of  Eastern  lands. 


CHAP.  CLXX. 

Resolve  authorizing  the  Governor  to  appoint  a   Committee 
to  survey  and  lay  out  a  road  in  Penobscot  county. 
13th  February,  18l6. 

On  the  petition  of  inhabitants  of  Brownville  and  of  Icha- 
bod  Thomas  and  others  ; 

Resolved,  That  his  Excellency  the  Governor  with  the  ad- 
vice and  consent  of  Council,  be.  and  he  is  hereby  authorized 
to  nominate  and  appoint  a  Committee  who  shall  be  authori- 
zed to  cause  to  be  surveyed,  and  if  the  public  good  requires 


IGS        ROAD  IN  PENOBSCOT-~i<>&.  13,  1816. 

it,  lay  out  a  road,  beginning  at  the  northern  extremi- 
ty of  the  road,  now  made  through  the  Indian  townships,  so 
called,  on  the  west  side  of  Penobscot  river,  and  thence  run- 
ning north  a  little  westerly,  through  the  land  belonging  to 
the  Commonwealtli,  to  the  township  Number  two,  in  the  se- 
venth range  north  of  the  Waldo  patent  ;  thence  in  the  near- 
est practicable  and  convenient  direction,  through  said  town- 
ship Kumber  two  and  township  Number  three  in  the  same 
range,  and  to  the  mills  in  said  Brownville  5  thence  the  near- 
est convenient  direction  to  the  township  of  Williamsburgh ; 
thence  to  the  land  belonging  to  the  Commonwealth  in  the 
south  part  of  township  Number  six  in  the  ninth  range  ; 
thence  through  said  township  to  the  land  of  the  Common- 
wealth lying  north  of  said  ninth  range,  consulting  in  the  gen- 
eral direction  of  said  road  the  advantage  of  the  Common- 
wealth, in  selecting  favorable  ground  for  a  proper  avenue  to 
the  great  body  of  its  lands. 

Resolved,  That  said  Committee  shall  have  power  in  be- 
half of  the  Commonwealth  to  contract  with  any  person  or 
persons  to  open  and  make  said  road  passable  and  conve- 
nient for  carriages,excepting  through  the  townships  of  Brown- 
ville and  Williamsburgh  aforesaid,  and  the  half  township 
granted  to  Warren  Academy,  and  to  pay  them  for  the  same 
in  any  of  the  lands  belonging  to  the  Commonwealth,  through 
which  said  road  shall  pass,  at  such  price  as  the  said  Com- 
mittee shall  judge  reasonable  :  And  when  the  said  road  shall 
be  completed  to  the  satisfaction  of  a  Committee  to  be  ap- 
pointed by  the  Court  of  Sessions,  and  accepted  by  them, 
the  Agent  for  the  sale  of  Eastern  lands  shall  be,  and  here- 
by is,  authorized  to  convey  to  the  person  or  persons  who 
shall  have  contracted  for  the  same,  their  heirs  or  assigns,  the 
quantity  of  land  contracted  for  as  aforesaid,  it  having  been 
first  surveyed  under  the  direction  of  said  Agent  :  Provided, 
however,  that  previous  to  the  laying  out  of  said  road,  the 
proprietors  of  the  said  townships  of  Brownville  and  Wil- 
liamsburgh, and  of  the  half  township  granted  to  Warren 
Academy,  shall  severally  give  bonds,  to  the  satisfaction  of 
said  Committee,  that  so  much  of  said  road  as  shall  pass 
through  their  respective  townships  or  tracts  shall  be  made 
passable  and  convenient  for  carriages  at  their  own  expense  ; 
otherwise  all  the  provisions  oi  these  resolutions  for  making 
said  roads  shall  be  void. 


HOSPITAL— A.  BOWMAN,— Fe&.  18,  1816.     163 

JKeso/yefZ,  That  the  said  Committee  shall  lay  their  accounts 
and  a  statement  of  their  proceedings  relative  to  said  road, 
before  his  Excellency  the  froveriior,  who  is  requested  to 
draw  his  warrant  on  the  Treasurer  for  the  payment  thereof. 


CHAP.  CLXXI. 

Resolve  on  the  petition  of  the  Massachusetts  General  Hos- 
pital Corporation  relative  to  the  $ale  of  the  old  Province 
House.     iSth  February,  1816. 

On  tlie  petition  of  the  Massachusetts  General  Hospital 
Corporation,  praying  for  a  modification  of  the  condition,  on 
whicli  the  said  Corporation  is  authorized  by  law  to  sell  or 
otherwise  dispose  of  the  estate  called  the  old  Province 
House  ; 

Mesolved,  For  reasons  set  forth  in  said  petition,  that  the 
authority  which  the  said  Corporation  now  have  by  law  to 
sell  and  dispose  of  said  estate,  and  to  apply  the  proceeds 
thereof  as  a  fund  for  a  General  Hospital,  shall  be  subject  to 
the  sole  condition,  that  before  a  sale  of  said  estate  be  made, 
the  said  Corporation  shall  give  bond  to  the  Treasurer  ofth« 
Commonwealth,  with  surety  or  sureties,  to  be  approved  bj 
his  Excellency  the  Governor  and  Council,  for  the  time 
being,  conditioned,  that  the  proceeds  of  said  sale,  with  the  in- 
tertst  thereon,  shall  be  paid  into  the  Treasury  for  the  use  of 
the  Commonwealth,  within  one  year  from  the  date  of  such 
sale,  unless  an  additional  sum  of  one  hundred  thousand  dol- 
lars shall  have  been  raised  by  private  subscription,  or  dona- 
tion, for  the  purpose  of  the  Hospital ;  any  thing  contained  ifi 
the  act,  entitled  an  act  to  incorporate  certain  persons  by  the 
name  of  the  Massachusetts  General  Hospital,  and  an  act  in 
addition  thereto,  passed  in  June,  eiii;hteen  hundred  and  thir- 
teen, to  the  contrary  notv^'ithstanding. 


CHAP.  CLXXII. 

Resolve  malcin_^  valid  certain  notijications  of  A.  Itoirman^ 
Guardian  ofJlaron  Tottingham.    14th  February,  1814. 

On  the  petition  of  Amos  Boardman,  as  late  Guardian  of 
Aaron  Tottingham,  late  of  that  part  of  Reading,  now  S«utk 
22 


l64    D.  SMALL  AND  OTHERS— Fe&.  14,  1816. 

Reading,  in  tlie  county  of  Middlesex,  then  an  idler,  but  now 
deceased,  intestate,  relating  to  the  notice,  which  he,  the  said 
Amcis  Boardman,  gave  of  the  time  and  place  of  t!ie  sa]e  by 
him,  as  such  Guardian,  and  pinsuant  to  a  license  of  the 
Court  of  Coinmon  Pleas,  made,  at  a  public  auction,  on 
the  twenty-third  day  of  February,  A.  D.  181)3,  of  all  the  re- 
al estate  of  said  loitingham,  and  to  the  affidavit  therein 
mentioned  l)y  him  since  made  of  said  sale  and  his  proceed- 
ings relating  thereto,  and  now  recorded  in  the  Registry  of 
Probate  in  and  for  said  county  : 

Resolved,  For  the  reasons  and  purposes  in  said  petition 
stated,  that  the  pniyer  thereof  be  gv?*u:ed,  and  that  the  no- 
titications  by  him,  the  saitl  Amos  Boardra^in,  ported,  as 
therein  mentioned,  of  the  time  and  place  of  said  sale,  shall 
be  considered  and  taken  as  legal  notice  thereof,  to  all  in- 
tents and  purposes  ;  and  that  said  aiiidavil  by  liim  made  of 
said  sale  and  his  proceedings  relating;  tliereto,  and  now  re- 
corded ii)  said  Kci'istry,  as  tiierein  alleged,  shall  be  admis- 
sible evidence  of  sttid  sale,  and  pioceedings,  although  the 
same  was  not  made  and  recorded  as  aforesaid,  within  the 
time  limited  by  law,  any  law  to  the  contrary  notwithstanding. 

CHAP.  CLXXIIL 

Mesnlve  maJciiig  aUowance  to  David  Small  and  others,  for 
the  expenses  of  an  action  broiii^ht  against  them  by  the 
Lommonivealth,  for  swpfo^ed  trespass  on  lands  in  Minot» 
i-lth  February,  18 1 6. 

On  the  petition  of  David  Small,  Nathaniel  Small,  John 
Nason,  and  Nathan  Nason,  praying  that  they  may  be  reim- 
bursed for  monies  paid  in  an  action  of  trespass,  commenced 
against  them  by  the  Commonwealth,  on  the  lots  of  land  in 
the  town  of  Minot,  formerly  Bakerstown,  on  which  they 
bave  settled  ;  which  lots,  afterwards  proved  not  to  belong 
to  the  Commonwealth  : 

Rpsolved.Yov  reasons  set  forth  in  said  petition, that  there  be 
allowed  and  paid  out  of  the  Treasury  of  this  Commonwealth, 
to  John  Nason,  David  Small,  and  Nathaniel  Small,  the 
sum  of  eigbty-three  dollars  and  eighty  two  cents,  and  to 
Nathan  Nason,  the  sum  of  sixty-eight  dollars  and  sixty-se- 
ven cents,  in  full  consideration  of  all  costs,  damages,  and 
expenses,  incurred  in  consequence  of  suid  action. 


A.  BARBABOES— S.  WILLARB.— Fe&.  11, 1816.    165 


CHAP.  CLXXIV. 

Resolvp  making  an  allowancp  to  A.  Barhndoes,  heir  of  Isaac 
BarbadoeSf  an  old  soldier,     14 tb  February ,^181 6. 

On  tbe  petition  of  Abel  Barbadoes, 

Resolved^  For  reasons  set  fortb  in  said  petition;  that 
there  be  allowed  and  paid  out  of  the  public  Treasury,  to 
Abel  Barbadoes,  the  sum  of  sixty-seven  dollars  and  iifteen 
cents,  beiug  a  balance  due  to  one  Isaac  Barbadoes.  deceas- 
ed, for  his  :?ervices  as  a  soldier,  in  Col.  Tiraolhy  Bigelow's 
regiment,  in  the  Massachusetts  line,  of  the  revolutionary 
army,  who  died  in  the  service  of  bis  country ;  the  said  Abel 
being  the  only  and  sole  heir  of  the  saicl  Isaac  deceased  ; 
and  his  Excell'^ney  the  Grovernor  is  requested  to  issue  a 
warrant  on  the  Treasury,  for  the  payment  of  the  said  sum 
to  the  said  Abel. 


CHAP.  CLXXV. 

Uesolve  authori'zin^  Sidney   Willard  to  sell  real  estate  of 
certain  Minors,     14tb  February,  1810. 

On  the  petition  of  Sidney  Willard,  Guardian  of  Sophia 
"W.  Mary,  E.  Francis,  and  Joseph  VV.  Bana,  minors  and 
devisees  mentioned  in  the  last  will  and  testament  of  Fran- 
cis Bana,  late  of  Cambridge,  Esquire,  deceased  : 

Resnlvod,  For  reasons  set  forth  in  said  petition,  that  the 
said  Sidney  Willard,  as  Guardian  as  aforesaid,  be,  and  he 
hereby  is  authorized  and  empowered  to  sell  and  convey  any 
part  or  parts  of  the  real  estate  held  by  them  in  common  and 
undivided  with  the  other  heirs  or  devisees  of  said  Francis 
Bana,  deceased,  and  of  which  a  sale  and  conveyance  shall, 
at  the  time,  be  made  by  said  other  heirs  or  devisees ;  and 
every  sale  and  conveyance  as  aforesaid,  whether  made  at 
public  auction,  or  by  private  contract,  and  executed  by  said 
Willard,  in  his  said  capacity  of  Guardian,  shall  be  sufficient 
to  pass  all  the  right  and  interest  of  said  Minors  in  and  to 
such  estate:  Prwided,  howpver^  that  said  Willard  shall, 
previous  to  any  such  sale,  execute  a  bond,  with  one  or  mora 
sureties,  to  the  Judge  of  Probate  for  the  county  of  Middle^ 


166       COURT  OF  SESSIONS.— J^eJ.  i%  1816. 

seX;,  and  in  such  form  as  he  shall  prescribe,  to  account  for 
the  proceeds  of  all  such  sales,  and  to  invest  or  manage  the 
same  as  shall  be  most  for  the  benefit,  of  said  Minors  :  And 
provided  also,  that  no  sale,  made  as  aforesaid,  shall  !)e  for 
a  less  sum  than  shall  be  received  by  the  other  persons  in- 
terested in  said  estate,  for  a  like  proportion  thereof. 


CHAP.  CLXXVI. 

Mesolve  avdliorizing  the  Court  of  Sessions  in  Hampden 
county  to  defray  the  expense ,  in  'part,  of  building  a 
bridge  in  Westfeld.     14th  February,  18 1 6. 

On  the  petition  of  Benjamin  Hastings,  in  behalf  of  the  in- 
habitants of  the  town  of  Westfield,  praying  that  the  Court  of 
Sessions  in  and  for  the  county  of  Hampden,  may  make  such 
allowance  to  the  said  town  of  Westfield  for  building  and  sup- 
porting a  bridge  over  Agawam  or  Westfield  river,  in  said 
town,  near  the  house  of  Gad  Noble,  as  they  may  think  just 
and  reasonable  : 

Resolved,  For  reasons  set  forth  in  said  petition,  that  the 
Court  of  Sessions  for  the  county  of  Hampden,  at  tlieir  term 
to  be  held  at  Springfield,  in  and  for  said  county,  on  the  third 
Monday  of  March  next,  be  authorized  to  hear  any  state- 
ment, petition  or  request  from  any  persons  duly  authorized 
by  said  town  of  Westfield,  and  to  allow  and  authorize  such 
sums  of  money  to  be  drawn  from  the  Treasury  of  said 
countys  to  be  appropriated  towards  building  and  supporting 
a  bridge  at  the  place  aforesaid,  as  they  may  think  just  and 
reasonable  ;  and  if  they  think  proper,  to  appoint  an  Agent 
to  superintend  the  laying  out  the  same. 

And  be  it  further  resolved,  That  the  said  Benjamin  Hast- 
ings cause  a  copy  of  this  resolve  to  be  printed  in  the  Hamp- 
den Federalist,  published  in  Springfield,  in  two  successive 
papers  before  the  time  for  holding  said  Court,  that  any  town 
within  said  county,  by  their  Agents  or  Attornies  may  ap^ 
pear  and  object  to  the  said  town  of  Westfield's  having  any 
yelief  in  the  premises. 


KIMBALL— ROBBINS—ACTS.—Feft.  1  i,  1816.     167 

CHAP.  CLXXVn. 

liesolve  granting  one  hundred  dollars  to  Ebenezer  ICimhalL 
14th  February,  181 6. 

On  the  petition  of  Ebenezer  Kimball, 

Resolved,  That  for  the  reasons  set  forth  in  said  petition, 
the  sura  of  one  hundred  dollars  be  paid  out  of  the  public 
treasury  to  said  Ebenezer  Kimball ;  and  His  Excellency 
the  Grovernor^  with  advice  of  Council,  is  requested  to  issue 
a  warrant  on  the  treasury  for  the  payment  of  the  said  sum 
of  one  hundred  dollars  to  the  said  Ebenezer  Kimball  ac- 
cordingly. 


CHAP.  CLXXVin. 

Mesolve  granting  Edivard  H.  Robhins,  Esq.  ^300  for  ser- 
vices in  tJie  War  Office.     15th  February,  18 16. 

Jiesolved,  That  there  be  paid  out  of  the  Treasury  of  this 
Commonwealth,  to  the  Honorable  Edward  H.  Robbins,  three 
hundred  dollars  on  account  of  his  services  in  the  War  Of- 
fice, since  the  15th  of  June  last — he  to  be  accountable  for 
the  same. 


CHAP,  CLXXIX. 

Resolve  making  compensation  for  the  Committee  on  accounts. 
15th  February,  1816. 

HesoJved,  That  there  be  allowed  and  paid  out  of  the 
Treasury  of  this  Commonwealth,  to  the  Committee  appoint- 
ed to  examine  and  pass  on  accounts,  presented  against  this 
Commonwealth,  for  their  attendance  on  that  service,  during 
the  present  session,  the  sum  of  one  dollar  per  day,  in  addi- 
tion to  their  pay  as  Members  of  the  Legislature,  viz. 

Honorable  Silas  Hoi  man— thirty- six  dollars. 

Honorable  Jacob  Abbot — thirty-three  dollars. 

James  Robinson — thirty- six  dollars. 

Alford  Richardson  -  thirty -live  dollars. 

Daniel  Howard — thirty-six  dollars. 


168    LOW-^CHAP.— MESSEN.  Feb,  15,  1816, 


CHAP.  CLXXX. 

lie  solve  granting  vay  to  Jvhn  Low  jiminr,  Asisisfant  to  the 
Mes»en^er  of  the  General  Court.     15th  February,  18l6. 

Resolved,  That  there  be  allowed  and  paid  out  of  the 
treasury  (»1  this  Commonwealth  to  John  Low,  junior,  Assis- 
tant Messenger  of  the  House  of  Representatives,  ninety-two 
dollars,  in  full  for  his  services  in  that  capacity,  daring  the 
present  session  of  the  General  Court. 


CHAP.  CLXXXI. 

Resolve  granting  pay  to  the  Chaplains  of  the  General  Court. 
15th  February,  1816. 

Resolved,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  this  Commonwealth  to  the  Executors  of  the 
Keverend  Doctor  John  Lathrop,  deceased,  thirry  dollars; 
to  the  Reverend  Samuel  C.  Thaf^her,  Reverend  Francis 
Parkman,  and  the  Reverend  Nathaniel  L.  Frothingham, 
each  thirty  dollars,  in  full  for  their  services  as  Chaplains 
to  the  General  Court  the  present  political  year. 


CHAP.  CLXXXII. 

Resolve  for  grantins;  two  hundred  and  fifty  dollars  to  the 

Messenger  of  the  General  Court,  in  addition  to  Ms  salary, 

15th  February,  1816. 

Resolve,  That  there  be  allowed  and  paid  out  of  the  trea- 
sury of  this  Commonwealth,  to  Jacob  Kuhn,  Messen2;er  of 
the  General  Court,  the  sum  of  two  hundred  and  fifty  d(d- 
lars,  which,  with  the  sura  already  allowed  him,  shall  be  in 
full  for  his  services  the  present  year,  ending  the  thirtieth 
day  of  May  next. 


TREASURER— S,  BELL.— Fe6.  15,  1816.     169 


CHAP.  CLXXXIII. 

Resolve  direcfins^  the  Treasurer  to  recall  an  execution  a- 
gainst  Bridgets  Flantationn  and  remitting  the  amount,  be- 
ing the  same  place  called  R  ingvills,    1  jith  February,  1815. 

Whereas,  in  the  act  imposing  a  tax  for  the  year  eighteen 
hundred  and  thirteen,  the  town  of  Kingville,  in  the  county 
of  Kenneheck,  was  taxed  in  the  sum  of  twenty -eight  dol« 
lars  thirty-three  cents,  which  sum  has  been  duly  paid  into 
the  Treasury  ;  and  whereas  Bridge's  Plantation  was  asses- 
sed in  said  act  for  the  sura  of  twenty-five  dollars,  for  which 
execution  has  issued  ;  and  whereas  Kingville  and  Bridge's 
Plantation  are  different  names  for  one  and  the  same  place : 

Therefore  resolved,  That  the  Treasurer  of  this  Common- 
wealth be  authorised  to  direct  the  officers  to  whom  said  ex- 
ecution has  been  committed  lo  return  the  same  unsatisfied,  if 
not  levied,  and  that  the  said  I'ax  assessed  upon  Bridge's 
Plantation  be  altogether  remitted. 


CHAP.  CLXXXiV. 

Resolve  on  the  petition  of  Shubael  Bell,  authorising  the  Hon, 
John  Phillips,  and  John  T.  Ajjthorp,  Ksq.  to  quit-claim  the 
title  of  the  Commonwealth  to  estate  in  Court-street. 
15th  February,  1816. 

Resolved,  For  reasons  set  forth  in  said  petition,  that  the 
Hon.  John  Phillips,  President  of  the  Senate,  and  John  T. 
Apthorp,  Rsq.  Treasurer  of  the  State,  be,  and  they  hereby 
are  empowered  to  release  and  quit-claim  all  tlie  rights  and 
title  of  the  Commonwealth  in  and  to  the  estate  described  in 
said  petition,  situate  in  Court-street,  in  said  Boston,  to  Peter 
C.  Brooks,  Esq.  who  is  proprietor  of  the  reversion  of  said 
estate,  and  also  to  release  said  Bell  from  all  demands  of  the 
Commonwealth  on  accoujit  of  his  lease  of  the  said  estate,  or 
for  arrears  of  rent :  Provided  said  Bell  shall  pay  into  the 
Treasury  of  this  Commonwealth,  eleven  hundred  and  fifty 
dollars,  and  said  Brooks  shall  pay  into  sdd  Treasury,  the 
sum  of  two  thousand  dollars  in  full  of  the  right  and  title  of 
the  Commonwealth  to  the  premises. 


170    A.  RUPP— U.  AND  B.  BANKS.— jPei.  15, 1816, 


CHAP.  CLXXXV. 

liesolve granting  a  jJensionto  Adam  Uupj),  of  S73  annually. 
15th  February,  18 16. 

On  the  petition  of  Adam  Rnpp,  praying  compensation  for 
the  loss  of  his  riglit  foot,  while  in  the  service  of  the  Com- 
monwealth, at  fort  Strong,  in  the  year  one  thousand  eight 
hundred  and  fourteen  : 

Resolved,,  That  there  be  allow  ed  and  paid  out  of  the  Trea- 
sury of  this  Commonwealth,  to  the  said  Adam  Rnpp,  seven- 
ty-two dollars  annually,  during  his  natural  life,  in  semi- 
annual payments,  to  commence  from  the  passing  uf  this  re- 
solve. 


CHAP.  CLXXXVI. 

Resolve  authorizing  the  Treasurer  to  give  notice  to  the 
Union  and  Hoston  BankSj  that  the  Legislature  direct 
them  to  purchase  the  Capital  Stock  belonging  to  the  Com- 
momvealth,  in  those  Banks.     15th  February,  1816. 

Resolved.  That  the  Treasurer  of  this  Commonwealth  be, 
and  he  hereby  is  authorized  and  empowered,  to  give  notice 
forthwith,  to  the  President,  Pireetors  and  Compjiny  cf  the 
Boston  Bank,  and  to  the  President,  Directors  and  Company 
of  the  Union  Bank,  that  the  Legislature  of  this  Common- 
wealth do  order  and  direct,  the  said  President,  Directors 
and  Company  of  the  Boston  and  Union  Banks  respectively, 
after  nine  months  from  the  notices  given  aforesaid,  to  pur- 
chase of  the  Commonwealth,  its  Capital  Stock  owned  in 
said  Banks,  according  to  the  terms  and  provisions  specified 
and  contained  in  their  respective  acts  of  incorporation. 

And  be  it  further  resolved,  That  the  said  Treasurer  of 
this  Commonwealth  be  also  authorized  and  directed,  to  re- 
ceive from  either  of  said  Banks  any  proposition  relative  to 
the  purchase  of  said  Stock,  and  to  report  the  same,  with 
his  opinion,  touching  the  interest  of  the  Commonwealth,  at 
the  first  session  of  the  next  General  Court. 


J,  HOWARD— COMMITTEE.— Fe6.  15,  1816.      17i 


CHxiP.  CLXXXVn. 

llesolve  on  the  petition  of  Joseph  Howard,  authorizing  ths 
Attorney  General  to  suspend  the  collection  of  an  execution, 
15th  February,  1816. 

Oil  the  petition  of  Joseph  Howard  praying  that  he  may 
be  relieved  from  a  judgment  of  the  Supreme  Judicial  Court, 
when  holden  at  Portlaud,  within  the  county  of  Cumberland, 
for  the  counties  of  Cumberland  and  Oxford,  on  the  third 
Tuesday  of  October,  A.  D.  1815,  on  an  information  filed  by 
Perez  Morton,  Esq.  Attorney  General,  for  a  supposed  tres- 
pass on  the  Commonwealth's  land  : 

Resolved.,  For  reasons  set  forth  in  said  petition,  that  the 
same  petition  be  referred  to  the  first  session  of  the  next  Gen- 
eral Court,  there  to  be  heard  and  determined  ;  and  that  the 
Attorney  General  be  authorized  and  directed,  to  suspend 
the  collection  of  the  execution,  recovered  by  said  Common 
wealth,  against  the  said  Joseph  Howard,  until  the  end  of 
the  first  session  of  the  next  General  Court :  Provided  how- 
ever, that  the  said  Howard  shall  satisfy,  and  pay  the  in- 
former or  complainant,  any  sum  that  shall  be  due  him  or 
them,  in  the  judgment  aforesaid. 


CHAP.  CLXXXVIil. 

Resolve  appointing  a  Committee  to  fix  the  boundary  line, 
between  Durham  and  PejepscGt,     15th  February,  1S16» 

Resolved,  That  Archelaus  Lewis,  Esquire,  of  Westbroolc^ 
Alexander  Greenwood,  Esquire,  of  Hebron,  and  Aaron 
Dwinal,  Esquire,  of  Lisbon,  be  a  Committee  to  repair  to 
the  towns  of  Durham  and  Pejepscot,  to  settle  and  finally 
fix  the  boundary  line  between  the  towns  of  Durham  and 
Pejepscot,  at  their  expense  ;  and,  after  a  full  hearing  of  the 
parties,  that  they  begin  at  the  place  which  they  may  de- 
termine to  have  been  the  most  north-westerly  corner  of  the 
town  of  Durham,  in  the  year  of  our  Lord  one  thousand  seven 
hundred  and  eighty-nine ;  and  from  thence  to  run  the  di- 
viding line  between  said  toAvns  of  Durham  and  Pejepscot 
to  Androscos;gin  river,  and  to  erent  durable  momimeiits  on 


17^        CLAIMS  ALLOWED.— l^efr.  15,  1816. 

said  line;  which  line,  when  run  as  aforesaid,  shall  forever 
be  considered  as  the  true  dividing  line  between  the  towns 
aforesaid.  And  it  shall  be  the  duty  of  said  Committee  to 
deliver  a  copy  of  their  award  or  doings  to  the  Town  Clerks 
of  said  Durham  and  Pejepscot. 

A —  ■■— — .  —       ■    ■ ■ ■ — •■       I    ■  ■  ■     I «  *fc 

CHAP.  CLXXXIX. 

Resolve  for  the  2)ciyinent  of  claims  allowed  at  the  War-  Office* 
15th  February,  1816. 

Schedule  of  claims  against  the  Commonwealth  of  Mas- 
sachusetts, allowed  at  the  War  OflSce,  between  the  9th  and 
LMh  of  Feb.  1816: 

To  General  John  Blake  for  Captain  Daniel  Web- 
ster's company  pay  roll,  4th  Regiment,  1st  bri- 
gade, 10th  division,  S75  60 
Also,  for  Captain  Timothy  W.  Sibley's  company 

pay  roll,  same  regiment,  76  10 

Also,  for  General  Blake's   services  from    1st   to 
lOth  September,  1814,  inclusive,  as  Brigadier- 
General  of  1st  brigade,  10th  division,  49  89 
To  the  town  of  Mendon,  for  rations  and  transpor- 
tation, 30  40 
To  Alfred  Johnson,  Jr.  for  iron  work,  &c.  artille- 
ry, 10th  division,                                                           10  87 
To  Elias  Dudley  for  damages  done  his  house,  and 

for  use  of  it  quartering  troops  at  Hampden,  100  00 

To  the  town  of  Parsonsfield  for  rations  and  trans- 
portation, 30  76 
To  the  town  of  Salem,  for  rations,  &c.                       316  96 
To  William  Coolidge,  for  transportation  at  Port- 
land, &c.                                                                     S46  13 
To  Jonathan  Wilson,  for  toll  for  troops,  baggage 

waggons,  artillery,  &c.  at  Belfast  East  Bridge,  40  00 
To  the  town  of  Buckstown  for  rations,  65  09 

To  Thomas  M'Clure,  for  Tim.  Fitch  and  Ichabod 

Crocker's  bill  ferrying  troops,Damascotta,  66  67 

To  Joseph  H.  Dorr,  for  Jonathan  Bartlett's  account, 

Brigade-Major,  second  brigade,  tenth  division,  100  00 
To  town  of  Readfield,  for  rations,  &e.  14  00 

To  Joseph  H.  Pierce,  for  his  services  as  Secretary 

iu  War-QQice,  to  13th  inst.  100  00 


CLAIMS  ALLOWED.— Fe&.  15,  1815.        ±78 

To  Noah  Shattuck  for  Stilman  Rixford's  claim,  3  44 

For  William  Shattuck's  claim,  2  44 

To  Eb  enezer  Poor,  Surgeon  first  regiment,  second 

brigade,  thirteenth  division,  14  33 

To  the  town  of  East  Andover,  for  rations,  &c.  37  90 

To  Jacob  Kuhn,  for  attendance  in  the  W  ar  Office, 

to  July  15,  1815,  U7  00 

To  Adam  Rupp.  for  the  purpose  of  discharging  his 
Surgeon's  bill  and  expenses,  &c.  up  to  this  time 
(February  45th,  1816)  in  consequence  of  an  am- 
putation occasioned  by  an  injury  received  in  fir- 
ing the  guns  at  Fort  Strong,  in  November,  1814,  SOO  00 
To  Richard  D.  Tucker,  for  damages  done  to  his 
buildings  at  Cambridgeport,  and  for  the  rent  of 
the  same,  while  the  troops  were  quartered  there- 
in, 1814^  75  00 


1681  43 


War  Office,  Febpictry  15,  1816. 

The  undersigned,  in  compliance  with  his  duty,  respectful- 
ly reports,  that  since  his  certificate  of  allowances  made  at 
the  War  Office  up  to  the  8th  instant,  he  has  received  the 
unadjusted  claims  on  the  Commonwealth,  from  the  cor- 
porations and  persons,  stated  on  the  annexed  schedule  ;  and 
liquidated  the  same  at  the  sums  set  against  their  repective 
names  ;  which;  when  paid,  will  be  in  full  for  their  several 
exiiibits. 

EDWARD  H.  ROBBINS. 

The  Committee  of  Senate,  to  whom  was  referred  the 
foregoing  report,  have  considered  the  same,  and  ask  leave  to 
gubmit  the  following  resolution  ;  which  is  submitted  by 

LATHROP  LEWIS,  Chairman. 

Resolvedf  That  his  Excellency  the  Governor  be,  and  he 
hereby  is  requested  to  draw  his  warrant  on  tha  Treasurer  for 
the  sura  of  one  thousand  six  hundred  eighty-one  dollars  and 
forty-three  cents,  in  favor  of  the  several  corporations  and  in- 
dividuals stated  in  the  foregoing  account,  which  sums,  when 
paid,  shall  be  in  full  compensation  for  the  several  exjiibit^ 
m  which,  they  refei% 


m       A.  BllADFOED— IlEPORTS.»-J^'e&.  15,  1816. 


CHAP.  CXC. 

flesolve  on  the  representation  of  Alden  Bradford^  Esquire^ 
^    Secretary  of  the  Commomcealth.     15th  February,  1816. 

The  Coniraittee  to  whom  was  committed  the  petition  of 
Alden  Bradford,  Esqr.  and  the  resolve  thereon,  report, 
that  they  have  examined  his  account  exhibited,  and  find  he 
lias  received  from  June  6th,  1813,  up  to  and  including  Feb- 
iiiary  10,  1S16,  seventeen  hundred  sixty  dollars  and  ninety- 
two  cents  by  fees  of  office  and  otherwise,  and  that  he  has 
paid  for  extra  Clerk  hire,  and  sundry  incidental  expensess 
in  his  office,  seven  hundred  thirty  dollars  and  twelve  cents, 
leaving  a  balance  of  one  thousand  thirty  dollars  and  eighty 
cents  in  his  hands,  to  be  accounted  for :  They,  therefore 
submit  the  following  resolve. 

Resolved f  That  Alden  Bradford,  Esqr.  Secretary  of  thig 
Commonwealth  be,  and  he  hereby  shall  be  exonerated  from 
all  demands  the  Commonwealth  may  now  have  against  him 
for  all  monies  he  has  received  by  fees  of  office,  or  otherwise, 
from  June  the  sixth,  one  thousand  eight  hundred  and  twelve, 
Tip  to  and  including  February  the  tenth,  one  thousand  eight 
hundred  and  sixteen,  on  his  paying  into  the  Treasury  the 
said  balance  of  one  thousand  and  thirty  dollars  and  eighty 
centSo 


CHAP.  CXCI. 

r. 

Mesolve  directing  the  Secretary  to  purchase  fve  hundred  and 

fifty  copies  of  first  volume  of  the  Term  Reports. 

15th  February,  1816. 

Resolved,  That  the  Secretary  of  the  Commonwealth  be 
directed  to  purchase  five  hundred  and  fifty  copies  of  the 
first  volume  of  the  Massachusetts  Term  Reports,  so  soon 
as  a  new  edition  thereof  shall  be  published  and  ready  for 
delivery  5  provided  he  can  obtain  the  same  well  bound  and 
lettered,  at  a  price  not  exceeding  two  dollars  and  fifty  cents 
a  volume.  And  whenever  he  shall  have  so  purchased  and 
^.eceived  the  same,  he  is  directed  to  transmit  one  cQpy  to 


ASSISTS.— PAGE— I.  ADAMS.— F^&.  15,  1816    175 

the  Clerk  of  each  town,  district  and  unincorporated  plan- 
tation which  has  been  required  to  assess  taxes  upon  them- 
selves towards  the  support  of  s;ovcrnment,  for  the  use  of 
their  respective  inhabitants,  and  to  lay  his  account  before 
the  Governor,  who  is  hereby  requested  lo  draw  his  warrant 
on  the  Treasurer  for  the  payment  there^if. 


CHAP.  CXCII. 

Mesolve  for  paying  the  Assisants  of  the  Messenger  of  the 
General  Court.     15th  February,  lbi6. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  pub- 
lic Treasury  of  this  Commonwealth  to  Henry  Bacon,  Lewis 
Low,  and  Ward  Lock,  assistants  to  the  Messenger  of  theGen- 
eral  Court,  one  dollar  per  day  each,  during  the  present  ses- 
sion of  the  Legislature,  in  addition  to  the  usual  allowance 
of  two  dollars  per  day. 


CHAP,  cxcin. 

Resolve  providing  for  the  pay  of  the  Page  of  the  House  of 
Representatives.     15th  February,  1816. 

Resolved,  That  there  be  paid  out  of  the  Treasury  of  the 
Commonwealth  to  the  Messenger,  to  be  by  him  paid  over  to 
.Joseph  Francis,  one  dollar  and  twenty-five  cents  per  day, 
for  each  day  he,  the  said  Francis,  shall  have  attended  as 
Page  of  the  House  of  Representatives,  the  present  session  of 
Mie  General  Court. 


CHAP.  CXCIV. 

Resolve  making  an  ulloivance  to  Isaac  Adams^  Assistant  to 

the  Messenger  of  the  Gavernor  and  Council. 

15th  February,  1816. 

Resolved,  That  there  be  allowed  and  paid  to  Isaac  A- 
dams,  Assistajit  to  the  Messenger  of  the   Governor  and 


176    B.WHITWELL— LAWS— JAY— JFe&.  15, 1816, 

Council,  two  dollars  and  fifty  cents  a  day,  for  his  attend- 
ance and  services  the  present  session  of  the  Council,  aud 
for  every  day  which  he  may  be  employed  as  an  Assistant 
to  the  said  Messenger.  And  his  Excellency  the  Governor 
with  the  advice  of  Council,  is  hereby  authorized  to  draw 
his  warrant  on  the  Treasurer  of  the  Commonwealth  for  pay- 
ing said  Adams  accordingly. 


CHAP.  CXCV. 

Resolve  granting  five  hundred  dollars  to  Benjamin  Whit- 

well.  Esquire,  far  his  services  as  Deputy  Secretary, 

15th  February,  1816. 

Resolved,  That  there  be  allowed  and  paid  out  of  the 
Treasury  of  this  Commonwealth  to  Benjamin  Whitwell,Esq, 
the  sum  of  five  hundred  dollars,  in  full  compensation  for  his 
services  as  Deputy  Secretary  of  the  Commonwealth  for  one 
year,  ending  on  the  first  day  of  August,  Anno  Domini  one 
thousand  eight  hundred  and  fifteen ;  and  that  his  Excel- 
lency the  Governor  be  requested  to  draw  his  warrant  on  the 
Treasurer  for  that  sum. 


CHAP.  CXCVI. 

Resolve  appointing  a  Committee  to  revise  the  Probate  Laics» 
15th  February,  1816. 

Resolved,  That  the  Honorable  Thomas  Dawes,  Nathan 
Dane,  and  John  Pickering,  Esquires,  be  a  Committee  for 
tlie  purpose  of  revising  the  Probate  Laws ;  and  that  the 
resolve  on  this  subject,  passed  at  a  former  day  of  the  present 
session  of  the  General  Court  be,  and  the  same  hereby  is 
repealed. 

CHAP.  CXCVII. 

Resolve  on  the  j^^^^on  of  the  town  of  Jay,  making  valid 
their  records,     l6th  February,  1816. 

On  the  petition  of  the  inhabitants  of  the  town  of  Jay,  set- 
ting forth  that  the  Tov/n  Clerks  of  said  town  have  omitted 


T.  WALCUTT— CLERKS.— lJ'e6. 16,  1816.     177 

to  attest  the  records  of  said  town,  and  likewise  have  omit- 
ted to  make  record  of  the  oaths  administered  to  the  officers, 
of  whom  an  oath  is  required,  and  praying  relief  in  the 
premises. 

Uesolued,  For  the  reasons  set  forth  in  said  petition,  that  the 
prayer  of  said  petitioner  be  granted  ;  and  that  the  said  records 
be  and  the  same  are  hereby  made  valid  to  all  intents  and  pur- 
poses, in  like  manner  as  if  the  same  had  been  duly  attested 
by  said  Town  Clerks ;  and  that  the  doings  of  all  officers  as 
aforesaid,  to  whom  oaths  have  been  administered,  shall  be, 
and  the  same  are  hereby  made  valid  to  all  intents  and  pur- 
poses, in  like  manner  as  if  a  record  had  been  made  of^said 
oaths. 


CHAP.  CXCVITI. 

Mesolve  malcing  an  allowance  to  Tliomas   Walcutt  for  his 

services  in  assisting  th<^  J^embers  of  the  Legislature. 

16th  February,  1816. 

Resolved,  That  there  be  allowed  and  paid  out  of  the 
public  Treasury  to  Thomas  Walcutt,  aX'lerkin  the  lobbies, 
for  the  assistance  of  the  Members  of  the  I^egislature,  one 
hundred  and  fifty  dollars,  in  full  ^or  his  services  during  the 
present  session  of  the  General  Court. 


I 


CHAP.  CXCIX. 

Mesolve  to  pay  the  Clerks  of  the  Genei^l  Court, 
I6th  February,  1816. 

Hesolved,  That  there  be  allowed  and  paid  out  of  the 
Treasury  of  this  Commonwealth,  to  Samuel  F.  McCleary, 
Clerk  of  the  Senate,  the  sum  of  four  hundred  dollars;  to 
Benjamin  Pollard,  Clerk  of  the  House  of  Representatives, 
the  sum  of  four  hundred  dollars  ;  and  to  Robert  C.  Vose, 
Assistant  Clerk  of  the  Senate,  the  sum  of  three  hundred 
dollars — in  full  for  their  respective  services  in  the  capaci- 
ties aforesaid,  during  the  piesent  session  of  the  Greneral 
Court. 


•    ROLL  No.  74.... January,  1816. 

The  Committee  on  Accounts,  having  examined  tlie  seve- 
ral accoimts,  they  now  present, 

REPOilT,  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 
discharge  of  the  said  accounts  to  the  several  dates  therein 
mentioned  ;  which  is  respectfully  submitted  : 

SILAS  HOLMAN,  :per  order. 
PAUPER  ACCOUJSTTS. 

Abington,  for  board  and  clothing  Thomas  Sey- 
mour, to  S4th  January,  1816,  S  81  50 

Avon,  for  board,  doctoring  and  nursing  Jonathan 
Corlis  till  his  death,  and  funeral  charges, 
December,  1815,  156  00 

Alford,   for  board,  clothing  and  doctoring  Anna 

Sampson,  to  7th  December,  1815,  2y  75 

Ashbiirnham,   for  board  and  supplies  to  sundry 

paupers,  to  1st  March,  1815,  15  70 

Adams,  for  board  and  clothing  sundry  paupers, 

to  9th  January,  1816,  169  39 

Andover,  for  board  and  clothing  sundry  paupers, 

to  1st  of  February,  1816,  143  95 

Attleborough,  for  board  and  supplies  to  sundry 

paupers,  to  20th  January,  181 6,  106  30 

Baldwin,  for  board  and  clothing  Daniel  Hickey, 

to  1st  January,  1816,  67  20 

Barnardston,  for  board  and  clothing  Oliver  Ste- 
phens, to  15th  January,  1816,  90  01 

Belgrade,  for  board  of  Abigail  Odlin,  to  8tli  Janu- 
ary, 1816,  31  50 

Becket,  for  board  and  clothing  Bristol  Bogart,  till 

his  death,  November,  1815,  54  00 

Barre,  for  board  and  clothing  Samuel  Lee,  to  25th 

January,  1816,  '  28  40 

Bowdoinliam,  for  board  and  clothing  Betsey  Par- 
ker, to  27th  December,  1815,  113  40 


PAUPEU  ACCOUNTS.  17D 

Brad  lord,  for  board  and  clothing  Josluia  Alsace, 

to  1st  January,  1816,  4.'5   84i 

jBoxfcid,  for  board  and  clotliing  Meliitable  Hall, 

to  14tb  January,  1816,  63  00 

Belchertown,  for  board  and  clothing  sundi'y  pau- 
pers, to  the  1st  February,  1816,  109  IS 

Brimlield,  for  board  and  clothing  John  Christian 

and  Robert  Campbell,  to  SOth  January,  1816,         84  40 

Bridgewater,  for  board  and  clothing  sundry  pau- 
pers, to  20th  1816,  S34  09 

Bradford,  Samuel,  keeper  of  the  goal  in  Boston,  for 

supportof  sundry  poor  prisoners,  to  ist  Jan. 1816,    531  65 

Boston,  for  board  and  clothing  sundry  paupers,  to 

1st  December,  1815,  *  5,86l  81 

Beverly,  for  board  and  clothing  sundry  paupers, 

to  1st  January,  1816,  193  28 

Boston  Board  of  Health,  for  support  of  sundry 

paupers,  to  3d  of  February,  1816,  153  87 

Chester,  for  board  and  clothing  George  Butolf  and 

wife,  to  6th  January,  1816,  143  80 

Canton,  for  board  and  clothing  John  Cole,  to  1st 

June,  1815,  33  60 

Cushing,  for  board  and  clothing  James  Walker, 

to  17th  January,  1816,  67  70 

Cambridge,  for  board  and  clothing  sundry  pau- 
pers, to  20th  January,  I8IO,  179  86 

Chelmsford,  for  board  and  clothing  sundry  pau- 
pers, to  1st  January,  1816,  ISj  80 

Colrain,  for  board  and  clothing  sundry  paupers,  to 

13th  January,  1816,  136  00 

Camden,  for  board   and  clothing  John  Bloom,  to 

34th  January,  1816,  ^  47  59 

Cheshire,  for  hoard  and  clothing  sundry  paupers, 

to  33d  January,  1816,  '      148  58 

Carlisle,  for  board  and  clothing  Robert  Barbour, 

to  7th  January,  1816,  38  85 

Ctistine,  for  board  and  clothing  James  Buckley  and 

Catharine  Mc  Coy,  to  1st  January,  1816,  I70  25 

Cape-Elizabeth,  for  board  and  clothing  James 
Ramsbottom  and  George  Young,  to  1st  Jan- 
uary, 1816,  81  60 

Concord,  for  board  and  clothing  Case  a  coloured 

man,  to  38th  January,  181 6,  76  74 

34 


180  PAUPEIl   ACCOUNTS. 

Charlestowiij  for  board  and  clothing  sundry  pau- 
pers, to  3d  of  February,  1816,  555  72 

Chesterfield,  for  board  and  clothing  sundry  pau- 
pers, to  Slst  January,  1816,  121  69 

Dorchester,  for  board  and  clotliing  John  Harrison 

and  Thomas  Wyman,  to  31st  January,  1816,  78  00 

Dedham,  for  board  and  doctoring,  and  nursing 

sundry  paupers,  to  11th  January,  1816,  83  37 

Dracut,  for  supplies  furnished  Richard  Baker,  to 

23d  January,  1816,  61  00 

Dresden,  for  support  of  John  Cnllen,  to  1st  Jan- 
uary, 1816,  67  20 

Danvers,  for  board  and  clothing  sundry  paupers, 

to  6th  February,  1816,  1173  59 

East  Hampton,  for  board  of  Garret  Decker  till  he 

left  town,  17  50 

Eastport,  for  board  and  clothing  William  Johnson 

and  John  Smitli,  to  S4th  January,  1814,  107  15 

Elliot,  for  board  and  clothing  Jacob  Brewer  and 

Abigail  Randall,  to  14th  January,  1816,  79  70 

Egremont,  for  board  and  clothing  sundry  paupers, 

to  14th  January,  1816,  304  48 

Falmouth,    Cumberland   County,  for  board    and 

clothing  Felecian  Sang,  to  8th  January,  1816,  67  20 

Frankfort,  for  board  of  Hatfield  Coltson,  to  1st 

January,  1816,  30  00 

Falmoutlj,  Barnstable  County,  for  board  of  Ed- 

Avard  Edwards,  to  19th  January,  I8I6,  26  00 

Framingham,  for  support  of  Lucy  Green,  to  18tli 

January,  18  6,  23  40 

Granville,  for  board  and  clothing  George  Taylor, 

to  1st  January,  1816,  37  50 

Greenwich,  for  board  and  clothing  sundry  paupers, 

to  14th  January,  1816,  187  44 

Groton,  for  board  and  clothing  sundry  paupers,  to 

10th  January,  1816,  470  67 

Gorham.  for  board  and  clothing  Robert  Gillallen, 

to  IstFebruary,  1816,  132  00 

Granby,  for  board,  clotliing  and  doctoring  Eben- 
ezer  Darvin  and  John  Wilson,  to  12th  January, 
1816,  133  49 

Gill,  for  board  and  clothing  Sarah  Hamilton  and 

Nathaniel  Nickols,  to  27th  January,  1816,  188  7« 


PAUPER  ACCOUNTS.  181 

fxrafton,  for  board  and  clothing  Isaac  Newman, 

to  lOth  January,  1816,  ^  67  SO 

Greenfield,  for  board  and  clothing  Lazarus  Toilers 
wife,  and  Eunice  Couvers  to  the  time  of  her 
death,  1st  Januaiy,  1816,  181  46 

Great  Barrington,  fur  board  and  clothing  sundry 

paupers,  to  9th  January,  1816,  S58  SO 

Gloucester,  for  board  and  clothing  sundry  pau- 
pers, to  10th  November,  1815,  1103  00 

Haliowell,  for  board  and  clothing  sundry  paupers, 

to  31st  December,  1815,  439  20 

Hadley,  for  board  and  clothing  Friday  Allen  and 

Rebecca  Allen,  to  6th  January,  1816,  112  00 

Hamilton,  for  board,  clothing,  doctoring  and  nurs- 
ing Molly  M'Kue,  to  5th  April,  1815,  7^  95 

Hodgkins,  Joseph,  keeper  of  the  house  of  correc- 
tion, Essex  County,  for  support  of  sundry  pau- 
pers, to  3ist  January,  I816,  2S6  74 

Hopkinton,  for  support  of  Dinah,  a  negro  woman, 

to  6th  February,  1816,  56  80 

Haverhill,  for  board,  clothing  and  doctoring  Wil- 
liam Tapley,  to  1st  January,  1816,  7^  20 

Hancock,  for  supporting   Rebeccah  Osborn  and 

Widow  Winn,  to  1st  of  January.  1816,  110  84 

Ipswich,  for  board  and  clothing  sundry  paupers, 

to  1st  February,  I8I6,  '  409  97 

Kittery,  for  board  and  clothing  Sarah  Perkins  and 
Deborah  Perkins  and  child,  to  1st  of  January, 
1816,  146  64 

Kingston,  for  supplies  to  Elizabeth  Renny  and. 

two  children,  to  2d  January,  18 16,  30  75 

Litchfield,  for  board,  clothing,  doctoring  and  nurs- 
ing John  Taylor's  two  children,  to  Ist  June, 
and  Daniel  Hov*  ard  to  time  of  his  death,  and 
funeral  charges,  October,  1815,  82  03 

Liecester,    for    board,     doctoring    and     nursing 

Bridget  Murey,  to  8d  August,  1815,  41  80 

Leeds,  for  board  and  clothing  Nicholas  Tallier,  to 

2d  January,  1816,  61  25 

Lincolnville,  for  board  and  clothing  Alexander 
White,  Timothy  Cox,  and  Edward  Oram,  to  1st 
January,  1816,  111  Sg 

Lee,  for  board,  clothing,  doctoring  and  nursing 

sundry  paupers,  to  lOth  January,  I8I6,  264  84 


18^  PAUPER  ACCOUNTS. 

Lenox,  for  board  and  clothing  sundry  paupers,  to 

11th  January,  181 G,  159  09 

Lanesborough,  for  board,  clothing  and  supplies  to 

sundry  paupers,  to  31st  December,  1815,  254  52 

Leyden,  for  board  and  clothing  sundry  paupers, 

to  20th  January,  1816,  ^  93  05 

Limington,  for  board  to  John  O,  Ryan,  to  31st 

December,  1815,  ^  67  20 

Lynn,  for  board  and  clothing  sundry  paupers,  to 

g5th,  1816,  "  720  38 

Long  Meadov.-,  for  bonrd  and  clothing  Peter  Dun- 
kin,  to  24th  January,  18 IG,  94  00 

Mount  Vernon,  for  supplies  to  ^.^^iiliam  Ham- 
mond's family,  to  4tli  January,  l^lG,  28  90 

Machias,  for  board  ai:d  clotldns;  Anthony  Pepper 

and  Moses  Wheaton,  to  31st  December,  1815,        75  75 

Monmouth,  for  board,   clolhing    and  supplies   to 

sundry  paupers,  to  i^dh  Jtir^uary,  1816,  101  17 

Minot,  for  board  of  Philip  Weeks,  to  lotli  Janu- 
ary, 1816,  55  00 

Marlborough,    for    board    and    clothing    Joseph 

Waters,  to  28th  November,  1815,  93  00 

Montague,  for  beard  and  nursing  Joshua  Searl,  to 

lith  January,  1816,  57  54^ 

Middleborough,  for  board  and  clotliing  John  Fitz- 
gerald and  Be tsy  White,  to  1 0th  January,  1810,     1 24  GO 

i.Ianning,    Thomas,    for  doctoring    sundry    poor 

prisoners,  in  Ipswich  goal,  to  1st  January,  1816,         87  50 

Medfield,  for  board,  doctoring  and  nursing  George 

Turner,  to  19th  January,   1816,  7"*  1^ 

Milford,  for  board  and  clothing  I^etsy  Gould,  to 

30th  January,  1816,  77  2Q 

Marblehead,  for  board  and  clothing  sundry  pau- 
pers, to  30th  January,   I8i6,  423,  41 

North  Yarmouth,  for  ])oard  and  clothing  Geurge 

Young,  to  August  29ih,  1814,  35  50 

Newry,  for  board  and  clothing  William  Eurk,  to 

1st  January,  1816,  41  iO 

JSorth  Hampton,  for  board,  clothing  and  doctor- 
ing sundry  paupers,  to  15th  January,  1816,  17'i  10 

Tew  Ashford,  for  board   and  clothing  Rebecca 

Mosher,  to  13th,  1816,  18  36 

^j  orthfield,  for  the  support  of  Amos  Riley,  a  child^j 


PAUPER  ACCOUNTS.  183 

Xorth  Brookfield,  for  board,  clothing  and  doctor- 
ing sundry  paupers,  to  1st  January,  181 6,  192  28 

New  Grloucester.  for  board  and  supplies  to  sun- 
dry paupers,  to  21st  December,  1815,  262  86 

Newbury,  for  board  and  clothing  sundry  paupers, 

to  1st  January,   t8i6,  1377  5Q 

NeAvburyport,  for  board  and  clothing  sundry  pau- 
pers, to  1st  January,  181 6,  1907  92 

Overseers  of  Marshpee  Indians,  for  board  and  clo- 
thing sundry  paupers,  to  1st  January,  1816,  493  20 

Oliver,  Daniel,  for  doctoring  sundry  criminal  pris- 
oners, to  1st  January,  1816,  15  00 

Phipsburgh,  for  board  and  clothing  Jacob  Wheeler, 

to  25th  December,  1815,  22  82 

Palmer,  for  board,  clothing  and  doctoring  William 

and  Phebe  Mendon,  to  20th  January,  1816,  146  60 

Peru,  for  board,    clothing  and  doctoring  James 

Robbins,  to  15th  January,  1816,  15  94 

Pittstow^n,  for  supplies  furnished  the  wife  and  chil- 
dren of  Robert  M'Kniglit,  to  21st  October,  1815,     100  00 

Pittslield,  for  board,  clothing  and  doctoring  sun- 
dry paupers,  to  31st  December,  1815,  473  50 

Plymouth,  for  board  and  clothing  sundry  pau- 
pers, to  2lst  January,  1816,  560  56 

Parsonsfield,  for  support  of   Lucy  Miles,  to  15th 

December,  1815,  19  74 

Portland,  for  board  and  clothing  sundry  paupers, 

to  1st  January,  1816,  1237  47 

Quincy,  for  board  and  nursing  William  Oliphant, 

to  25th,  1815,  52  03 

Rehoboth,  for  board,  clothing  and  doctoring  sun- 
dry paupers,  to  1st  January,  1816,  314  86 

Rutland,  for  board,  clothing  and  doctoring  Wil- 
liam Henderson,  to  1st  January,   1816,  39  62 

Roxbury,  for  board,  clothing  and  doctoring  sun- 
dry paupers,  to  3d  January,  1816,  361  35 

Rochester,  for  board  and  doctoring  W^illiam  Hale, 

to  4th  February,  1814,  22  70 

Rowley,  for  board,  clothing  and  nursing  Ella  Col- 
lins and  Benoni  Dow,  to  1st  January,  1816,  95  86 

Richmond,  for  board  and  clothing  Thomas  Rowly, 

and  Samuel  Hill,  to  29th  January,  1816,  142  20 

Sandisfield,  for  board  and  clothing  Richard  Dick- 
SQU  aud  wife;  to  1st  January,  1810.?  30  5^ 


181^  PAUPER  ACCOUNTS. 

Sution,  for  supporting  Isabella  Santee's  five  chil- 
dren, to  lltii  January,  1816,  87  00 

8t.  George,  for  board  and  clothing  Robert  Hawes, 

to  i:^lh  January,  1816,  53  90 

Spencer,  for  board,  clothing  and  doctoring   Jolin 

Landers,  to  6th  January,  1816,  67  20 

Shrewsbury,    for  support  of  Leander  Tay,    till 

bound  out,  November  8th,  1815,  Sa  39 

South  Berwick,  for  board  and  clothing  Lemuel 

Wood  worth,  to  15th  January,  1816,  49  50 

Sterling,  for  board,  clothing  and  doctoring  Jemima 

Pike,  to  4th  January,  18 16,  67  10 

Sandwich,  for  board,  clothing  and  doctoring  Rich- 
ard Crouch  and  Rebecca  Simmonds,  to  4th  Jan- 
uary, 1816,  71  00 

Shelburn,  for  board,  clothing,  doctoring  and  sup- 
plies to  sundry  paupers,  to  14th  January,  1816,      83  25 

Saco,  for  board,  clothing,  doctoring  and  supplies 

to  sundry  paupers  to  10th  January,  1816,  52  OS 

Sanford,  board,  clothing  and    doctoring    Rachel 

Jourdan  and  two  children,  to  January,  1816,  28  07 

Shirley,  for  board  and  clothing;  Simon  Cox  and 

Molley  Farr,  to  29th  January";  1816,  i7^  23 

Sheffield,  for  board  and  clothing  snndry  paupers, 

to  16th  January,  1816,  188  77 

Sharon,  for  board  and  clothing  Daniel  Frazler,  to 

28th  December,  1815,  "  10  70 

Swausey,  for  board  and  clothing  Garret  Barnes  and 

James  Garnet,  to  13th  January,  1816,  82  24 

Sherburne,  for   board  of  Benjamin    Haughton  to 

29th  January,  1816,  52  00 

Sudbury,  for  board  and  clothing  John  Whitton,  to 

11th  February,  1816,  90  31 

Siockbridge,  for  board,  clothing  and  doctoring  sun- 
dry paupers,  to  6th  June,  1815,  123  40 

Bturbridge,  for  support  of  London  Derry,  to  4th 

January,  1816,  72  40 

Salem,  for  board  and  clothing  sundry  paupers,  to 

1st  January.  1816,  3722  28 

Tyringliam,  for  board,  clothing  and  doctoring 
Elijah  Dart  and  Ralph  Wey  till  his  death, 
and  funeral  charges,  97  85 

Turner,  for  board,  clothing  and  doctoring  WilliAm 

G.  Martin,  to  26th  August,  1815,  38  7^ 


PAUPER  ACCOUNTS.  185 

Topsham,  board  and  clothing  John  Duggin,  to  28th 

January,  1816,  78  00 

Troy,  for  board  and  clothing  Betsy  Bell,  to  SOth 

January,  1816,  70  80 

Taunton,  for  board,  clothing,  doctoring  and  sup- 
plies to  sundry  paupers,  to  1st  January,  1816,        337  07 

Thomastown,  for  board  and  clothing  John  Ander- 
son, to  ISth  January,  1816,  57  SO 

Uxbridge,  for  board  and  clothing  sundry  paupers, 

to  2d  January,  1816,  120  64 

Vassalborougb,  for  board,  clothing,  doctoring  and 

nursing  Gustavus  Fellows, to  19th  Jan-y.  1816,     195  25 

Warren,  for  board  and  clothing  Hannah  Annis, 
Robert  Brown  and  William  Mearman,  to  4th 
January,  1816,  154  00 

Worcester,  for  board,  clothing  and  doctoring  sun- 
dry paupers,  to  1st  January,  1816,  311  02 

Wellington,  for  board  and  clothing  Catherine  But- 
ler, to  1st  September,  1815,  67  50 

Windsor,  for  board,  clothing  and  doctoring  the 
wife  of  Henry  Smith,  to  l6th  January,  1816, 
and  Henry  Smith  till  his  death,  and  funeral 
charges,  68  79 

West  Stockbridge,  for  board  and  clothing  Lucy 

Lane  and  James  C.  Briggs,  to  1st  Jan'y.  1816.     108  50 

Westfield,  for  board  and  clothing  sundry  paupers, 

to  1st  January,  1816,  105  69 

Williamstown,  for  board  and  clothing  sundry  pau- 
pers, to  21st  January,  1816,  139  6§ 

Westport,  for  board  and  clothing  Henry  Pero,  a 

child,  to  10th  January,  1816,  6  60 

Walpole,  for  board,  clothing  and  doctoring  sun- 
dry paupers,  to  24th  January,  I8I6,  191  18 

West  Springfield,  for  board,  clothing  and  doctor- 
ing sundry  paupers,  to  8th  .January,  I8I6,  128  44 

Wilbraham,  for  doctoring  Gideon  Lewis,  to  No- 
vember I6th,  1815,  36  85 

Wrentham,  for  board  and  clothing  Daniel  Fitz- 
gerald, to  1st  January,  1816,  56  93 

Westford,    for   board    and   clothing   Christopher 

Shephard,  to  1st  February,  1816',  75  00 

Wiscassett,  for  board,  clothing,  doctoring  and  sup- 
plies to  sundry  paupers,  to  1st  February,  1816,     115  01 


186  MILITARY  ACCOUNTS. 

Westbrook,  for  board,  doctoring  and  nursing  Sam- 
uel Brown,  to  S6th  May,  1816,  7^  Od 

Winthrop,  for  boanl  and  clothing  sundry  paupers, 

to  4th  January,  1816,  160  00 

Watertown,  for  board  and  clothing  Nicholas  John- 
son and  Deborah  Barnes,  to  18th  June,  1815,  77  10 

York,  for  board  and  clothing  sundry  paupers,  to 

1st  February,  1816,  526  26 

Total  Paupers,     36,672  34 
MILITARY  ACCOUJ^^rS. 

Courts  Martial   and  of  Inquiry. 

Allen,  Samuel,  Jun'r.  for  the  expense  of  a  Court 
Martial,  holden  atBrookfield,  in  January,  1816, 
whereof  Col.  Thomas  AYheeler  was  President,     145  93 

Allen,  Samuel,  Jun'r.  for  the  expense  of  a  Court 
of  Inquiry,  holden  at  Oxford,  in  January,  1816, 
whereof  Col.  Ezekiel  Preston  was  President,  56  33 

Brooks,  John,  Adjutant  General,  for  the  expense 
of  a  Court  of  Inquiry,  holden  at  Bangor,  in  June 
1815,  whereof  Major  General  Henry  Sewell 
was  President  643  69 

Brooks,  John,  Adjutant  General,  for  the  expense 
of  a  Court  Martial,  holden  at  Bath,  in  July,  1815, 
whereof  Major  General  William  King  was 
President,  816  75 

Hight,  William,  for  the  expense  of  a  Court  of  In- 
quiry, holden  at  York,  whereof  Col.  William 
Frost  was  President,  59  64 

Jliglit,  William,  for  the  expense  of  a  Court  of  In- 
quiry, holden  at  Berwick,  in  July,  1815,  whereof 
Major  George  Applebee  was  President,  31'  62 

Sampson,  Joseph,  for  the  expense  of  a  Court  Mar- 
tial, holden  at  Sandwich,  in  May,  1815,  whereof 
Col.  John  Thomas  was  President,  203  11 

Scott,  B.  William,  for  the  expense  of  a  Court  Mar- 
tial, holden  at  Newburyport,  in  January,  1816, 
whereof  Col.  Benjamin  Evans  was  President,        241  11 

Starr,  James,  for  the  expense  of  a  Court  Martial, 
holden  in  October,  1815,  whereof  Col.  Cyrus 
Clark  was  President,  849  84 


MILITARY  ACCOUNTS.  187 

8e\vell,  B.  William,  for  taking  Depositions,  ma- 
king out  Notifications,  and  for  Cash  paid  Dep- 
uty Sheriff  for  serving  tlie  same,  for  the  Investi- 
gation of  the  Election  of  Major  William 
Siemens  ;  by  order  of  the  Commander  in  Chief,         5  99 


Brigade -Majors  and  Aids-de-Canip. 


S053  01 


Allen,  James,  to  28th  December,  1815,  57  10 

Atherton,  A.  W.  to  1st  January,  1816,  B2  22 

Barnard,  F.  Robert,  to  36th  December,  1815,  43  75 

Bliss,  George,  to  lat  December,  1815,  61  25 

Bartlett,  Jonathan,  to  13th  December,  1813,  409  50 

Blake,  James,  to  g3d  January,  1816,  173  81 

Dutch,  Ebenezer,  to  28th  January,  1816,  52  64 

Fogg,  Simeon,  to  13th  January,  1816,  59  62 

Goodwin,  M.  John,  to  1st  August,  1815,  12  98 

Grennell,  George,  to  11th  December,  1815,  31  86 

Hyde,  Zena,  to  9th  November,  1815,  104  77 

Hubbard,  Russell,  to  1st  January,  1816,  48 

Hight,  William,  to  2d  December,  1815,  55  15 

Hubbell,  Calvin,  to  1st  January,  1816,  66  73 

Howard,  Samuel,  to  27th  June,  1815,  118  20 

Heywood,  Nathan,  to  20th  January,  1816,  111  20 

IvesH.  George,  to  23d  December,  1815,  16  50 

Jacques,  Samuel,  to  3d  of  February,  1816,  74  87 

Mitchell,  Daniel,  to  6th  November,  1815,  58  80 

Newton,  Rejoice,  to  17th  January,  1816,  19  40 

Osgood,  B.  Joshua,  to  9th  December,  1815,  28  37 

Page,  Samuel,  to  l6th  November,  1815,  115,  55 

Robinson,  Jesse,  to  31st  December,  1815,  85  25 

Sawtell,  Richard,  to  1st  January,  1816,  65  32 

Scott,  John,  to  1st  January,  1816,  101  92 

Sampson,  Joseph,  to  24th  January,  1816,  70  83 

Sargent,  L.  M.  to  31st  January,  1816,  49  8 

Thayer,  M.  Samuel,  to  2d  February,  1816,  103  60 

Thayer,  Minot,  to  l6th  January,  1816,  103  55 

Varnum,  T.  Benjamin,  to  24th  October,  1815,  1^  75 

Whitney,  P.  Timothy,  to  17th  January?  1816,  87 

Wingatcj  Joseph,  to  31st  January,  1316!  59  50 

25  S491  07 


188  MILITARY  ACCOUNTS. 

Brigade  Qiiarter  Masters. 

Bradbury,  William,  to  ist  October,  1815, 
Blake,  James,  to  1st  October,  1815, 
Craft,  Ebenezer,  to  1st  October,  1815, 
Dorr,  M.  Richard,  to  1st  October,  1S15, 
Farrell,  Grideoii,  to  ist  October,   1815, 
Fales,  C.  Samuel,  to  ist  October,  1815, 
Garrett,  Andrew,  to  1st  October,  1815, 
Hobert,  Thomas,  to  1st  November,  1815, 
How,  Thomas,  to  1st  October,  1815, 
Lewis,  Lymai),  to  1st  October,  1815, 
Norton,  B.  Winthrop,  to  1st  October,  1815, 
Pollard,  Oliver,  to  5th  October,   18  i  5, 
Plinney,    Elias,  to  1st  October,  18(5, 
Roberts,  L.  Charles,  to  1st  Oct(»ber,  1815, 
Rossetter,  Samuel,  to  1st  January,  i8ii5. 


Adjutants. 

\gery,  Thomas,  to  17th  November,  1815, 
Avery,  Joshua,  to  144h  January,  1816, 
S5radley,  EiiocS),  Jun'r.  to  IsL  November,  1815, 
Backus,  Zenus,  to  1st  January,  iSlO, 
s5urnham,  Enoch,  to  1st  January,  1816, 
Bodartha,  Harvey,  to  iGth  September,  1815, 
Bourn,  Abner,  to  :E7th  October,  1815, 
's^ourn,  Joseph,  to  IStb  .September,  1815, 
Mrown,  Thomas,  to  1st  October,  1815, 
Burt,  David,  to  4th  November,  18 1 5, 
Bradford,  Hira,  to  2U\i  May,  1815, 
iradbury  William,  to  l/th  September,  1815, 
Bancroft  A.  William,  to  3d  September,  1815, 
■  obb,  Charles,  to  8th  September,  1815, 
Carter,  Willis,  to  Slst  Septemlier,    1815, 
Camberlain,  B.  William,  to  15th  September,  1815, 
'r^olman,  Daniel,  to  17th  November,  1815, 
(lark,  Samuel,  to  31st  December,  1815, 
Cheney,  Araasa,  to  23d  December,  1815, 
j'lark,  Joseph,  to  18th  October,  1815, 
C  hampney,  John,  to  19th  January,  1816, 


18 

60 

27 

20 

24 

50 

35 

75 

37 

50 

2^ 

30 

18 

20 

17 

05 

30 

35 

29 

10 

36 

SO 

17 

05 

29 

50 

11 

55 

17  90 

371  95 


50 

44 

35 

32 

15 

18 

59' 

89 

23 

64 

16 

35 

84 

87 

70 

09 

8 

78 

14 

79 

8  46 

13 

51 

24  70 

16 

50 

33 

85 

5 

Q7 

13 

93 

91 

87 

49 

91 

60 

22 

94 

18 

MILITARY  ACCOUNTS.  189 

Crovvel,  Midiacl,  ioStl  riecemher,   1815,  13  37 

Cushiug,  \ed,  to/tii  October,  1815,  ^7  2S 

Clark,  John,  to  31st  September,  iS  15,  SI  S5 

Calieiider,  Benjamin  to  i  st  January,   1810,  11  2S 

Coolidge,  Nathaniel,  to  l/th  September,  1815,  14i  38 

Delano,  Gideon,  to  2d  October,  18!  5,  10  59 

Draper,  Williajii,  t<j  1st  January,  '810,  25  Qj 

Deniin^,  C.  John,  to  20th  December,  1815,  13  83 

Dudley,  Elias,  to  2ttli  January,  i8iO,  15  74 
Freeman, '.^v^illiam,  to  i>th  January,  ISlO,  ^  12  47 
Farrer,  David,  to  i2th  September,  1814,                   '      9  Q7 

Fairbanks,  Stephen,  to  22d  Octo!>er,  1815,  83  28 

Gilbreth,  oiohn,  to  5th  January,  18  ;0,  35  88 

Gitchell,  Ephrai.'n,  to  Sist  November,  1815,  54  29 

Hudson,  R.  John,  to  25th  December,  1815,  14  25 

How,  Jun'r.  John,  to  4th  January,  l^lO,  6  50 

Hilton,  Joshua,  to  2lst  September,  1815,  30  38 

Hill,  Jaaies,  to 2 Ist  January,  1810,  9  58 

Hale,  Jun'r.  E.  to  2tst  Deceaiber,  1815,  53  52 

Hayes,  John,  to  13th  December,  1815,  18  99 

Hoyt,  C>.  John,  to  2d  February,  1816,  8  88 

Harrington,  Joseph,  to  9th  January,  18 lO,  69  81 

Ives,  H.  George,  to  151h  March,  1815,  12  70 

Jetferds,  Nathaniel,  to  2d  September,  1815,  16  62 

Jacfiues,  Jienry,  to  SOth  January,  !8iG,  39  66 

Jones,  Nathan,  to  2d  January,  1816,  20  34 

Kingman,  Simeon,  to  1st  January,  18 lO,  8  73 

Kieth,  Cyrus,  to  12th  September,   18? 5,  64  29 

Kniglit,  Mc  James,  to  3d  September,  1815,  5  25 

Knight,  Jonathan,  to  19th  January,  ISiO,  5  59 

Libbey,  Nathaniel,  to  1st  January,  18  lO,  43  7i 

Lunt,  Peter,  to  i5th  January,  1816,  24  05 

Leonard,  B.  E.  to  22d  January,  1810^  30  09 

Larrabee,  William,  to  29th  September,  1815,  13  03 

Law,  Perley,  to  27th  August,  1815,  13  8# 

Marston,  Jonathan,  to  tst  January,  1810,  75  50 

Mower,  John,  to  6th  January,  18;  6,  8  61 

Nye,  Joseph,  to  23d  December,  1815,  15  99 

Nason,  Levitt,  to  8t!i  January,  1813,  36 

Orr,  Hecter,  to  12th  September,  18 lO,  70  22 

Poor,  Nathan,  to  5th  November,  1815,  10  29 

Parsons,  William,  to  l6th  January,  1810,  17  65 

Pynclion;  George,  to  20tU  September,  ]8l5,  4  0( 


199  MILITARY  ACCOUNTS. 

Parker,  Henry,  to  10th  September,  1815, 
Preston,  Warren,  to  2Sd  August,  1815, 
liiciuirflson»  Wyman,  to  17tli  September,  1815. 
liockwell,  xVeal,  to  20th  September,  1815, 
Stimpson,  James,  to  30th  August,  1815, 
Sever,  John,  to  4th  October,  1815, 
Spring,  Luthar,  to  5th  October,  1815, 
Sexton,  George,  to  2d  December,  1815, 
Stone,  Hosea,  to  3d  September,  1815, 
Stanwttod,  David,  to  29tb  October,   1815, 
Sajles,  Uichard,  to  5th  February,  18 16, 
Smith,  Henry,  to  10th  January,  1816, 
TrutVint,  rteth,  to  29th  October,  1815, 
Tobey,  James,  to  27th  September,  1815, 
Tinker,  Seth,  to  29th  January,  1816, 
True,  William,  to  20th  January,  1816, 
Turner,  P.  John,  to  2d  September,  1815, 
Waters,  Jason,  to  1st  September,  1815, 
Weed,  Jared,  to  18th  September,  1815, 
Wade,  Foster,  to  2d  October,  1815, 
Wilder,  David,  to  5th  November,  1815, 
Wheelright,  George,  to  1st  January,  1816, 
Waugli,  David,  to  8th  July,  1815, 


Expenses  for  Horses  to  haul  Arlillery. 


25 

10 

36 

88 

33 

45 

22 

63 

11 

25 

96 

53 

11 

90 

22 

63 

13 

04 

40 

70 

31 

36 

23 

64 

21 

24 

20 

OS 

63 

25 

8 

54 

57 

04 

41 

83 

20 

09 

2 

92 

26 

48 

8 

37 

81 

76 

2620  69 


Bacheller,  jun.  Samuel,  to  4tli  January,  1816,  10 

Brown,  James,  to  10th  October,  1815,  12  50 

Bonner,  Philip,  to  7th  February,  1816,  35 

Burr,  Martin,  to  14th  October,  1815,  20 
Batchelder,  Jeremiah,  to  26th  October,  1815,  4  50 

Crosby,  Abiel,  to  1st  January,  1816,  8 

Cooledge,  Josiah,  to  14th  December,  1815,  15 

Cobb,  William,  to  80th  January,  18. 6,  42 

Coffin,  Samuel,  to  30th  October,  1815,  30 

Cobb,  Mc,  William,  to  11th  October,  1815,  18 
Dewey,  Calvin,  to  6th  January,  1816,  5 

Derby,  Benjamin,  to  12th  October,  1815,  15 
El  well,  Abiel,  to  5th  October,  1815,  5 

Eastman,  Robert,  to  15th  January,  1816,  6  25 

Gilley,  John,  to  11th  January,  1816,  10 


SHJfiRlFFS  AND  CORONERS'  ACCOUNTS.  191 

Graves,  Samuel,  to  19tli  January,  1816,  5 

Goldthwait,  Moses,  to  18th  January,  1816,  iO 

Hopkins,  Charles,  to  13tii  October,  1815,  5 

Harringlon,  Nathaniel,  to  10th  October,  1815,  8  Sh 

Heakl,  Ebenezer,  to  l6tb  September,  1815,  5 

Kingman,  Samuel,  to  13th  January,  1816,  5 

I^eighton,  Isaac,  to  14th  September,  1815,  5 

Parker,  Lewis,  to  4th  October,  1815,  5 

Putnam,  Jesse,  to  22ti  January,  1816,  8 

Partridge,  Nathan,  to  10th  October,  1815,  5 

Plielps,  Ansel,  to  11th  September,  1815,  3 

Pearsons,  Thomas,  to  1st  November,  1815,  30 

Ranlet,  Samuel,  to  14th  September,  1815,  5 

Richardson,  Leonard,  to  9tli  October,  1815,  6  S5 

Shaw,  Southworth,  to  Slst  September,  1815,  12  50 

Sweetser,  John,  to  10th  October,  1815,  10 

Smith,  E.  Joseph,  to  22l\  January,  1816,  25 

Smith,  M.  Edmund,  to  1st  January,  1816,  15 

Thayer,  Rufus,  to  ISth  October,  1815,  7  50 

Thaxter,  Jonathan,  to  ISth  October,  1815,  35 

Ware,  Nathan,  to  11th  October,  1815,  8 

Washburn,  Eliab,  to  7th  October,  1815,  5 

Whipple,  Henry,  to  22d  January,  1816,  8 

Wheeler,  Francis,  to  10th  October,  1815,  8  7^ 


Courts  Martial,  &c.  3053  01 

Brigade  Majors,  &c.  S491  0/ 

Brigade  Quarter  Masters,  371  95 

Adjutants,  2Q20  69 

For  Artillery  Horses,  475  59 


475  59 


Total  Military,     9012  31 

SHERIFFS'  AJyn  COEOJ^ERS'  ACCOUJYTS. 

Baker,  John,  Coroner  Norfolk  County,  for  Liqui- 
sition  and  burial  expences  of  a  stranger,  No- 
vember, 1815,  23  65 

Brewer,   William,    Coroner  Norfolk  County,  for 

Inquisition  and  burial  of  a  stranger,  Octo.  1815,       21  87 

Bartlett,  Bailey,  Sheriff  of  Essex  County,  for  re- 
turning votes  and  distributing  precepts,  to 
April,  1815,  15  78 


19S  PRINTERS^  ACCOUNTS. 

Cooper,  John,  Sheriif  of  Washington  County,  for 
returning  votes  and  distributing  precepts,  to  S3d 
April,  1815,  114  76 

Crane,  Elijah,  Sheriff  of  Norfolk  County,  for  re- 
turning votes.  May,  1815,  1  86 

Folsoni,  John,  W.  Coroner  Suffolk  County,  for 
Inquisition  on  the  bodies  of  sundry  strangers, 
and  burial  expences,  November,  1815,  58  11 

Hunnewell,  Richard,  Sheriff  of  Cumberland  Coun- 
ty, for  returning  votes  to  June,  1815,  10  00 

Hoyt,  Ephriam,  Sheriff  of  Franklin  County,  for  re- 
turning votes,  to  Deceinl)er,  1815,  7  60 

Loring,  Job,  Coroner  Plymouth  County,  for  Inqui- 
sition on  the  bo.ly  of  a  stranger,  and  burial  ex- 
pences, September,  1815,  S4  68 

Leonard,  Horatio,   Sheriff  of  Bristol  County,  for 

returning  votes,  to  May,  1815,  3  20 

Sawtel,  Richard,  Sheriff  of  Somerset  County,  for 

returning  votes,  May,  1815,  17  60 

Thatcher,  Samuel,  Sheriff  of  Lincoln  County,  for 

returning  votes,  April,  18  5,  16  00 

Will,  Thomas,  Coroner  Essex  County,  for  Inqui- 
sition on  the  body  of  a  stranger,  and  burial  ex- 
pences, August,  1815,  53  35 

Worth.  Jethro,  Sheriff  of  Dukes  County,  for  re- 
turning votes,  April,  1815,  8  00 

Total  Sheriffs  and  Coroners,     375  96 

PRIJVTERS'  ACCOUJVTS. 

Allen,  Phinehas,  for  publishing  Acts  and  Resolves 

to  January,  1815,  16  67 

Allen,  Ero,  for  publishing  Acts  and  Resolves,  to 

August,  1815,  16  67 

Ballard,  C.  D.  for  publishing  Acts  and  Resolves,  to 

July  1st,  1815,  16  67 

Burrill  &  Tileston,  for  publishing  Acts  and  Re- 
solves, to  July,  1815,  16  67 

Cheever,  Nathaniel,  for  publishing  Acts  and  Re- 
solves, to  January,  1816,  16  67 

Edes,  Peter,  for  publishing  Acts  and  Resolve^,  to 

2U  April,  1815,  16  67 


MISCELLANEOUS  ACCOUNT.  193 

Groodale,  E.  for  publishing  Acts  and  Resolves,  to 

January,  1816,  16  67 

Phelps,  Ansel,  for  publishing  Acts  and  Resolves 

to  1st  ,  1815,  16  67 

Russell,  Benjamin,  for  publishing  Acts  and  Re- 

solves,  to  December,  1815,  16  67 

Russell,  Benjamin  &  Co.  for  printing  for  the  gov- 
ernment, to  February  10th,  1816,  2069  14 

Wells  &  Lilly,  for  printing  for  the  government,  to 

February,  1816,  12  00 

Total  Printers,     2231  17 

M1SCELLAJS*E0US  ^CCOUJVT. 

Bacon,  Henry,  for  assisting  the  Messenger  of  the 

General  Court,  to  15th  February,  1816,  72  00 

Bradford  &  Read,  for   Stationary   furnished  the 

government,  to  February  10th,  1816,  144  00 

Boston  Board  of  Health,  for  sundry  repairs  to  Hos- 
pital buildings  on  Rainsford  Island,  to  Febru- 
ary, 1816,  1127  85 
Bradlee,  Samuel,  for  sundry  supplies  to  repair  the 

State  House,  January,  1816,  60  58 

Blaney,  Henry,  forjrepairs  on  the  State  House,  Jan- 
uary, 1816,  10  60 
Burditt,  James  W.  for  Stationary,  furnished  the 

government,  to  February,  18 16,  188  60 

Cummings  &  Hilliard,  for  paper  supplied  the  Sec- 
retary, to  January,  18 16,  15  00 
Coates  &  Vose,  for  repairing  chairs  for  State  House, 

to  February,  1816,  2  50 

Committee  for  examining  Treasurer's  accounts,  by 
order  of  government — viz. 

Thomas  H.  Perkins,     14  00 
Joseph  Bemis,  14  00 

Andrew  Sigourney,        14  00 

William  Brewer,  14  00  56  00 

Committee  on  public  business  by  order  of  govern- 
ment, viz,     Harrison  G.  Otis,        7%  60 
Thomas  H.  Perkins,  72  60 
William  Sullivan,       72  60  217  80 

Durant,  William,  for  repairing  windows  of  State 

House,  to  December,  1815,  78  21 


194  MISCELLANEOUS  ACCOUNT. 

Fessenden,  Benjamin,  for  lime  and  sand  for  State 

House,  to  October,  1815,  13  25 

Gore,  Samuel,  for  sundry  paints  and  oil  for  State 

House,  January,  1816,  21  69 

Glass  Manufactory,  for  glass  furnislie  d  for  State 

House,  to  December,  1815,  US  07 

Hayden,  Abel,  for  taking  up  and  burial  of  the  body 

of  a  stranger,  September,  1815,  10  00 

Howe,  John,  for  lumber  to  repair  the  State  House, 

to  November,  1815,  102  12 

Howe,  Joseph,  for  hard  ware,  &c.  for  the  State 

House,  to  January,  1816,  11  27 

Kuhn,  Jacob,  for  repairs  on  Government  House,  on 

Hancock  Street,  to  January,  1816,  212  5d 

Loring,  Josiah,  for  stationary  furnished  the  Gov- 
ernment, to  February  13tli,  1816,  55  31 
Lock,  Ward,  for  assisting  the  Messenger  to  the 

General  Court,  to  15th  February,  1816,  60  00 

Low,  Lewis,  for  assisting  the  Messenger  to  the 

General  Court,  to  15th  February,  18 1 6,  70 

Lincoln,  Amos,  for  sundry  repairs  to  State  House, 

to  December,  1815,  56  91 

Lincoln    &   Jackson,    for   lumber    furnished   for 

State  House,  to  September,  1815,  22  85 

Munroe,  Francis  &  Parker,  for  printing  and  book- 
binding for  government,  to  January,  18 16,  15  75 
Roulstone,  John,  for  trucking  books  and  papers  to 

September,  18  J  5,  3  00 

Spear,  Henry,   for  one  year's  salary  as   Island 

keeper,  to  March.  18 16,  44  44* 

Tileston  &  Weld,  for  printing  and  engraving  for 

Agricultural  Society,  January,  18 16,  232  00 

Welles,  T.  B.  &  J.    for  sundry  repairs  to  State 

House,  December,  1815,  44  26 

Wheeler,  John    H.   for  sundry  repairs  to   State 

House,  to  19th  January,  18l6,  221  38 

Whitney,  Jonathan,  for   sundry  repairs  to  State 

House,  to  15th  January,  1816,  430  02 

Total  Miscellaneous,  3712  01 


AGGREGATE.  195 


Aggregate  of  Roll  JVo.  7*. 


Expenses  of  State  Paupers,  36,723  34 

Do.         of  Militia,  9,012  31 

Do.        of  Sheriffs  and  Coroners,  37^  96 

Do.        of  Printers,  S,231   17 

Do.        of  Miscellaneous,  3,713  01 


S52,053  79 


jKesoZye^Z,  That  there  be  allowed  and  paid  out  of  the  pub- 
lic Treasury,  to  the  several  Corporations  anrl  persons  men- 
tioned in  this  Roll,  the  suras  set  against  such  Corporations 
and  persons'  names  respectively,  amounting  in  the  whole,  to 
the  sums  of  fifty-two  thousand  and  fifty-three  dollars  and 
seventy-nine  cents,  the  same  being  in  full  discharge  of  the 
accounts  and  demands  to  which  they  refer. 

Fehvuary  l^th,  181 6. 

Approved  by  the  Governor. 


COMMON^VEALTH  OF  MASSACHUSETTS. 


Secretary's  Office,  May  28th,  1816. 

By  this  I  certify,  that  the  Resolves  contained  in  this  pamphlet,  passed  at  the  session  of 

the  General  Court,  beginning  the  10th  of  January,  and  ending  the  i6th  of  February,  A. 

D.  1816,  have  been  examined  and  compared  with  the  originals  in  this  Office,  and  appear 

tp  be  correct. 

ALDEN  BRADFROD, 

Secretary  of  the  Commonwealth . 


INDEX 


TO  THE  ilESOLVES  PASSED  AT  THE  SESSION  BEGINNING  JANUARY 
10th,  1816,  AND  ENDING  FEBRUARY  16th,  1816. 


A. 

ACADEMY,  Belfast  and  Phillips  Limerick,  Trustees  allowed  fur- 
ther time  to  make  settlement  on  laiids,  -         -     126 
•^           Groton  and  Westford,  further  time  allowed  N.  Ingersol 
and  J.  Hodgdon  to  perform  settling  duties  on  lands 
granted  to,           -         .         -         -          .         -         -     146 
'*           Lincoln,  Trustees  authorized  to  quiet  settlers  on  a  gore 

of  land,        - 153 

"  Warren,  Proprietors  of  land  granted  to  give  bond  to 

make  a  road,       -        -         -        -         -         -         -162 

Adams,  Isaac,  assistant  to  the  messenger  of  the  Governor  and  Coun- 
cil, pay  granted,         --         -.----175 

Agent  on  Eastern  lands,  and  Committee  of  Council,  to   determine 
allovi'ance  which  should  be  made  towards  dis- 
charging the  bond  of  J.  Richards,         -         -     131 
'"  to  cause  a  survey  of  lots  in  No.  4,  east  side  of 

Penobscot  river,  -         -         -         -         -     151 

"  to  cancel  bond  of  J.  P.  Boyd,  and  give  a  deed,     -     161 

"  to  direct  in  location  of  land  by  Thomas  Johnson 

and  others,  -         -         -         .         -         -     106 

Anson,  proceedings  of  Selectmen  made  valid,         ...         -     io4 
Arsenal,  Laboratory  and  Store,  provision  for  erecting,     -       -         -     150 
Assistants  to  the  Messenger  of  the  general  Court,  grant  to,      -       -     175 
Attorney  General,  to  suspend  the  collection  of  an  execution  against 

Joseph  Howard,  -         -         -         -         -171 

*'  to  institue  an  inquest  of  office  to  settle  the  title  to 

surplus  lands  in  Prescott's  grant  in  Hiram,  -     119. 
'''*  to  ascertain   and  agree  with  Thomas  Williams 

on  the  bounds  betwf^en  his  land  and  that  of  the 
Commonwealth,  in  Roxbury,       -         -         -     128 
«  Secretary  to  deliver  Term  Reports  to,  -        -  93 

B. 

Bacon,  Henry,  Assistant  to  the  Messenger  of  the  General  Court, 

grant  to,       -         -         -         -         -         -         -         -         -         -175 

Bailey,  Jeremiah,  and  B.  Bailey  commissioners  for  giving  deeds  to 

settlers  in  Lincoln  county,  resolve  on  report,    153 
"  "         powers  prolonged,   -         -         -         -         -     147 

Baker,   Jane,  grant  to  for  funeral  expenses  of  her  husband,    and 

pensioned,     -         -         -         -         -         -         -         -         -         -125 

Bank,  Boston,  Treasurer  authorized  to  transfer  U  States  Stock  to,         95 
'5  «         and  Union,  Treasurer  to  notify  they  are  directed  to 

purchase  stock  of  the  Commonwealth,    -        -    17Q 


INDEX. 

Bank,  Hallc>vell  k.  Augusta,  Committee  to  enquire  into  doings  of,  -  103 

Barbaciocs,  Isaac,  balance  of  pay  due  to  be  paid  to  his  brother  Abel,  165 

Barnard,  Jona.  G,  grant  for  extra  services  in  the  Treasurer's  office,  108 
Barnstable  CGngregational  Churches  allowed  to  sell  iheir  shares  in 

certain  estate  in  common,         -         -         -         -         -  149 

"          County,  Tax  granted,         -         -         -         -         -         -  117 

Bates,  Caleb,  Administrator  on  estate  of  Jonathan  H.  Davis,  empow- 
ered to  execnte  a  deed,         -----  109 

Beaman,  Gideon,  grant  to  for  arresting  and  prosecuting  R.  Bluckman,  13S 
Bell,  Sliubael,  resolve  on  petition  relative  to  estate  in  Court-street, 

Boston,             -              169 

Berkshire  County,  Tax  granted, IIT' 

"         Judge  of  Probate  to   allow  further  time  to  creditors  of 

William  Young  to  exhibit  claims,       -         -         -         -  154 

Bethel,  proceedings  of  the  town  and  collectors  made  valid,         -     -  101 

Bidwell.  Barnabas,  Solicitor  General  to  sell  estate  of,    -         -         -  142 

Blaisdeli,  John,  pensioned,        -         -         -         -         -         -         -  124 

Bourdman,  Amos,  guardian  of  A.  Tottingham,  notifications  made 

valid,            -         -         - 163 

Boston  Board  of  Health,  Q.  M.  General  to  deliver  hospital  articles,  128 

"       Fire  wards  may  permit  D.  Townsend  to  build  brick  stables,  104 

Bourne,  Nathan,  right  to  lands  in  Marshpee  to  be  ascertained,    -  120 
Boyd,  John  P.  agent  on  eastern  land  to  cancel  his  bond  and  give  a 

deed  of  a  half  township,         -...---  161 
Bradford,  Alden,  Secretary,  discharged  of  expenditures  and  directed 

to  pay  ballance  of  fees,           -..--.-  174 

Breed,  Ebenezer,  jnn.  affidavit  made  valid,         -         -         -         -  125 

Bridge  in  Westfield.  Court  of  Sessions  in  Hampden  county  to  de- 

fiay  part  of  expense  of,           -          -          -         -         -          -          -  166 

Bridge's  plantation.  Treasurer  to  recall  execution,    -         -         -  169 
Bristol  county.  Tax  granted,         -         -         --         -         -         -117 

Brooks,  Nathan,  administrator  of  the  estate  of  Jonathan  H.  Davis, 

empowered  to  give  a  deed  to  C.  Bates,           .         -         -  109 
"        Peter  C.  guardian  of  J.  S.  Hubbart  and  others,  empowered 

to  sell  estate,        --...---  144 
Brown,  Francis,  and  others,  administrator  on  estate  of  Nancy  Stod- 

der  authorized  to  pay  money  to,  -         -         -         -         -  106 

"        Edward,  to  be  refunded  S400, 110 

Brownsville  and  William sburgh,  resolve  on  petition  for  a  road,      -  161 


Canaan,  part  of  the  State  tax  to  be  set  Id  Bloomfield,         -         -       -     137 
Canal,    from  Connecticut  to  Merrimack  rivers.  Committee  to  ex- 
plore a  route,  &c.  -         -         -         -         -         -         -         -105 

Chamberlain,  John,  surety  for  late   Treasurer   Skinner  to  be  set  at 

librity  on  condition,      -         -         -  -         '        X       '         -124 

Chapin,  Selah,  jun.  Executor  of  will  of  A.  Olmstead,  empowered 

to  make  a  deed,        -         -         -         -         -         -         -         --135 

Chaplains  to  General  Court,  pay  granted,  -         -         -         -       -     168 

Chase,  Warren,  assistant  lo  messenger  of  Gen.  Court,  pay  granted,  99 
Cherierville,  records  made  valid,  --.---  109 
Ciiurches  in  Barnstable,  Congregational,  allowed  to  sell  their  shares 

in  certain  estate  in  common,        -        -        -        -        -        -     149 


INDEX. 

Claims,  for  military   services,   allowed  at  the  War  office,  to  be 

paid  -  -         -         -         113,   140,   \72 

"  "         unliquidated  Agent  to  receive  and  liquidate       116 

Clerks  of  the  Gejieral  Court,  pay  granted,     -         -         -         -         -     17  7" 

Codman,  Stephen,  empowered  to  execute  a  deed  to  James  F.  Norris 

and  others,  -         -         -         -         -         -         -         -         -         -136 

College,  Williams,  further  time  granted  to  locate  a  township  of  land,     123 
Commissioners,  for  giving  deeds  to  settlers  in  Bristol  ixc.  powers 

prolonged,     -         -         -         -         -         -         -         -147 

"         Resolve  on  report,  and  granting  compensation,         -     -     153 
Committee,  to  view  Housatonic  turnpike  and    report  where   gates 

should  be  placed,  -         -         -         -         -         -         -151 

"  to  sell  land  to  Richard  Young  of  Sandford  and  account 

with  the  Treasurer,       -         -         -         -         -         -     131 

^*  to  inquire  into  the  doings  of  the  Hallowell  and  Augusta 

Bank, 103 

"  to  ascertain  tlie  practicability  of  a  canal  from  Connecticut 

to  Merrimack  rivers,     -         -         -         -         -         -     105 

"  to  contract  with  Com.  on  canal  on  compensation,  kc.  123 

"  to  revise  Probate  laws,         -         -         -         -         -     142,    176 

"  to  quitclaim  the  Commonwealth's  title  to  certain  estate 

in  Court  Street,  Boston,         -         -         -         -         -     169 

"  to  fix  the  line  between  Durham  and  Pcjepscot,     -         -      171 

"  of  donation  school  in  Hadiey  empowered    to   sell  land, 

and  purchase,        --  -  -  -         -  -112 

"  on  amendment  of  the  Constitution  of  the  United  States 

proposed  by  North  Carolina,  report,        -  -  -      155 

"  on   accounts   authorized   to   examine,  Sec.  Dr.  Thomas 

Manning's  account.     -  -         -         -     107 

"  "  not  to  receive  accounts  after  certain  times,     129 

"  "  pay  granted,     -         -         -         -         -         -     167 

Constitution  of  United  States,  Report  on  proposition  of  North  Caro- 
lina for  amending,  -         -         -         -         -  -155 

"  of  U.  States,  Massachusetts  proposition  for  amending,  -     157 

Corbin,  Lemuel  and  J.  Healey,  discharged  as  guardians  to  Dudley 

Indians, 120 

Corporation,  Massachusetts  General  Hospital,  to  give  bond  previous 

to  disposing  of  the  Province  House,         -         -         -         -  -163 

Court,  General,  Chaplains  granted  pay,  -  -  '-       -     168 

«  «         Clerks,         -  -  -  -  -  -     177 

"  «         Messenger  granted  S700  for  fuel,  &c.        -  -       89 

«  «         grant  to, 168 

"  "         Assistants,  pay  granted,  -         -         -         -      -     175 

"      of  Sessions,  in  Hampden  county  to  cause  to  be  defrayed  part 

of  the  expenses  of  a  Bridge  in  Westfield,  -         -         -     166 

Cumberland  county.  Tax  granted,         -         -         -         -         -         -     11 7" 

D. 
Dike,  Simeon,  discharged  from  penalty  of  a  recognizance,     -         -     102 
Durham  and  Pejepscot,  committee  to  fix  line,  -         -         -         -  171 

E. 

Eastman,  Samuel,  administrator   of  estate  of  L.  Howe,  authorized 

to  execute  a  deed  to  J.  Mixter  and  E.  Ruggles,     -         -         -       100 
Election  Sermon,  S50  to  be  paid  to  the  preacher  of,  -        -        -  149 


INDEX. 

Emmerson,  Eben.  empowered  to  sell  estate  of  James  H.  Eamea,         102 
Essex  county,  Tax  granted,  -        -         -         -         -         -        t117 

F. 
Forts,  Quarter-Master  to  cause  to  be  repaired,      -        -        -        -     160 
Franklin  county,  tax  granted,        -        -        -        -        -        -        -139 

G. 

Georgetown,  part  of  tax  set  to  Phipsburgh, 135 

Governor,  Message  at  the  meeting  of  the  General  Court,        -         -       83 
„       announcing  the  resignation  of  Major  Gen.  Cobb,     92 
"  requested  to  transmit  copies  of  report  on  the  proposi- 

tion of  North-Carolina,  for  amending  the  Constitution 

of  the  United  States, 157 

"         requested  to  transmit  the  proposition  of  Massachusetts  for 

amendments  to  the  Constitution  of  the  United  States,       158 
'^         Authorized  to  employ  a  person   to  present   the   claims 
of  this  State,  to  the  United  States,  for  expenses  in  the    - 
late  war,     -         -         -         -         -         -         -         --I15 

"         Authorized    to   appoint  commissioners   to  ascertain   the 

rights,  &c.  of  Nathan  Bourne,  in  Marshpee  Plantation,      12Q 
"         Authorized    to   appoint  three   persons  to  contract    with 
commissioners  appointed  to  explore  a  route  for  a  water 
communication  between   Connecticut  and   Merrimack 
rivers  relative  to  their  expenses,  and  the  compensation 
for  ther  services,     -         -         -         -         -         -  -123 

"         Aiithorized  to  appoint  a  keeper  of  the  magazine  in  Mid- 
dlesex, -  -  -  -  -  -     130 

"         and  Council,  authorized  to  cause  a  fire-pronf  Arsenal  and 

Laboratory  to  be  erected  in  Boston,        -  1 60 

*f  "         Authorized    to  cause    a   fire-proof  store  in 

Cambridge  to  be  erected,  -  -     160 

"  "         Authorized  to  appoint  a  committee  to  cause 

a  survey,  8cc.   of  a  road   from   Penobscot 
river,  to  land  north  of  the  range,  -     161 

Gould,  Amos,  Feoifees  of  grammar  school  in  Ipswich  empowered 

tomakeadeed,  -  -  -  -  -  -       96 

Grecnleaf,  Moses,  Secretary  to  subscribe  for  1000  copies  of  a  map, 

of  the  District  of  Maine,  &c.  -  -  -  -      112 

H. 

Hadley,  donation  school,  committee  empowered  to  sell    lands  and 

vest  proceeds,  -  -  -  -  -  -113 

Hamlin,  Cyrus,  Treasurer  to  stay  process    against  bondsmen   of 

Sheriff  Learned,  -  -  -  -  -  -     111 

Hampden  county,  tax  granted,  -         -        -         -  -  -     139 

Hampshire     do.  do,     -  -  -  -  -         -     139 

Hancock         do.  do.     -  -  -  -  -  -     l\7 

Hayward,  Barzillai,  H.  Rathbone  authorized  to  execute  a   deed,     -       99 
Healy,  John,  and  L.   Corbin   discharged  as  guardians  to  Dudley 

Indians,  -  -  -  -  -  .  -     120 

Hill,  Dorcas,  dower  confirmed,  -  .  -  ■  -     146 

Hospital  Massachusetts  General,  corporation  to  give  bond  previous 

to  sale  of  the  Province  House,         -  -  -  -  -     163 

Hausaton  ic  Turnpike,  committee  to  view  and  report  where  gates 

shou  Id  be  placed,  -  -  -  ..  -  -     161 


INDEX. 

IJoward,  Joseph,  Attorney  General  to  suspend  the  collection  of  an 

execution,  -  -         •         -         -         -         -         -         -171 

J. 

James,  Samuel,  administrator  on  estate  of  G.  Stacey  to  execute  a  deed,  133 

Jay, records  made  valid,         .  ■  -  _  .     17q 

Jenuison,  Rebecca  ,and  S.  Brooks, — B.  Heywood,  Esq.  administrator 

on  estate  of  David  Curtis,  to  execute  a  quitclaim  deed,  -  133 

Indians,  Grafton,  Trustee  may  appropriate  money  for  the  support 

of  Sarah  Phillips,  -  -  -  -         -       92 

"       Dudley,  Guardians  discharged  and  new  appointment,  120 

"       Plymouth,  Edward  Mitchell,  jun.  allowed  expenses  in  de- 
fending against  an  action  lor  recovery  of  Indian  lands,       127* 

Ingeraol,  Nathaniel,  and  J  Hodgdon,  further  imie  allowed  to  per- 
form settling  duties  on  land  granted  to  Groton  and  Westtitld 
academies,  -  -  -  -  -  --146 

Johnson,  Thomas,  and  others  permitted  to  locate  grants  of  land  in 

No.  4. 106 

Ipswich  Grammar  School,  trustees  empowered  to  make  a  deed,     -         96 

K. 

Kenneheck  county,  tax  granted,  -  •  -  «  -     117 

Kimball,  Ebenezer,  granted  Si OOj         -         -  -         -         -         -     167 

Knapp,  Moses,  resolve  on  petition  for  leave  to   purchase    a   lot  in 

plantation  No.  4,  -  -         -         .         -         -         -         -151 

Kuhn,  Jacob,    Messenger  to  the   General  Court,  granted  §700  for 

fuel,  &c.         - 89 

"         grant  to,    --         -        -         -         -        -         -        -168 

L. 

Laws,  general.  Secretary  to  contract  for  printing  4th  Vol.         -        -  89 

«             ♦'               "         to  distribute,                          do.          -         -  90 

"     Probate,  committee  to  revise  and  report,            -          -         142,  176 

Lincoln  county,  tax  granted,          -            -           -          -             -          -  117 

Locke,  Joseph,  guardian  to  Joseph  Hill  empowered  to  apply  money 

to  pay  debts,              -              --              -              -              -              -  145 

"     Ward,  assistant  to  messenger  of  General  Court,  grant  to,  175 

Low,  Lewis,         do.             do.                            do.            do.  175 

"     John,  jr.  messenger  of  the  House,  pay  granted,    -             -  168 

Lynn,  part  of  tax  set  to  Saugus,          -         -          -          -          -          •?  137 

M. 

Maine,  District,  inhabitants  to  give  their  votes  on  the   subject   of  a 

separation  from  Massachusetts  Proper,         -  -  -         -     148 

Manning  Thomas   Doct.  committee  on  accounts  to   examine,  &c. 

his  account,  -  -  -  -  -  --107 

Martin,  James,  Treasurer  to  pay  g700  and  interest  to  Clerk  of  the 

Supreme  Judicial  Court  in  Middlesex,  for,  .  -  -     150 

R-fiddlesex  county,  tax  grafted,       -  -  -  -  -     117 

Miller,  Joseph,  executor  of  will  of  J.  Wyeth,  affidavit  made  valid,  .  93 
Mitchell,  E.  jun.  allowed  expenses  incurred  in  defence  in  an  action 

for  recovery  of  Indian  lands  in  Bridgwater,      -  -  -     127 

Mixter,  Jason,  Samuel  Eastman  authorized  to   execute  a  deed  of 

land  in  Hancock,  .-._.---  lOO 
Moody,  Levi,  collector  of  Waldoboro*  to  be  credited  for  money  lost,      1 1 1 


INDEX. 

N. 

Nason,  Nalhan,  granted  §133^1^  for  costs  in  an  action  of  ejectment,    145 
Norfolk  county,  lax  granted,  -  -  .,       -         -         .  117 

O. 
Otis,  H.  G.  administrator  of  the  estate  of  Mary  Boylston  authorized 

to  sell  land,  ..--.....93 

Oxford  county,  tax  granted,  -  -  -  -  '117 

P. 

Page  to  the  House  of  Representatives,  granted  pay,         -        -         -  175 
Parker,  Jesse,  granted  Si 00  for  costs  in  defending  against  suit  of 

J.  Martin,             ...._.  I50 

"      John,  administrator  of  estate  of  Wm.  Richardson,  affidavit 

made  valid,         ........  94. 

Phillips,  Sarah,  Grafton  Indian,  trustee  empovpered  to  appropriate 

money  for  the  support  of,  .  -  -  ■    -  -92 

Pierce,  Isaac,  compensated  for  loss  of  time  by  a  wound,          -         -  108 

Plymouth,  selectmen  granted  further  time  to  locate  a  township  of  land,  1 2 1 

Prison,  State,  appropriation  for  expenses,         -             -             -         -  106 

Proprietorsof  lands  granted  to  Warren  Academy,  to   give  bond   to 

make  a  road,  -  -  -  -  -  --162 

Pejepscot  and  Durham,  committee  to  fix  line  between,          -          -  171 

Q. 

Quarter-Master-General,  to  employ  persons  to  repair  forts  injured 

by  frost,  -  -  -  -         160 

«  "  to    receive    of   the   Treasurer  money    due 

for  military  services,  give  notice  and  make 
payments,      -         -         -         -         -         114,  15 

"  "  to  deliver  Hospital  articles  to  Boston  Board 

of  Health, 128 

«  "  to  sell  powder  house  in  Charlestown,  and 

erect  another  Magazine,         -         -         -     129 

<'  "  discharged  of  monies  expended,  &c.  and  ma- 

king an  appropriation  lor  his  department,      131 

"  "  to  lay  before  the  Legislature  such  reasons  as 

delinquent  towns,  Sec.  may  transmit  to  him 
relative  to  their  detention  of  munitions  of 
War  loaned  to  them,  -         -         -         159 

«  «  to  transmit  to  delinquents  in  returning  mu- 

nitions of  war,  copies  of  resolve,         -      -     1 60 

R. 

Randall,  Elizabeth,  Commonwealth's  right  to  certain  estate  re- 
leased to,     -         .         -         -         -         -         -         -         -         -101 

Rathbone,  Hepzibah,  authorized  to  execute  a  deed  to  B.  Hayward,       9  9 

Report,  on  the  proposition  of  North  Carolina  for  an  amendment  to 

Constitution  of  U.  S.     -         -         -         -         -         -         -         -     155 

Richards,  John,  agent  on  eastern  lands,  and  committee  of  Council  to 
determine  allowance  which  should  be  made  towards  discharg- 
ing his  bond,         -         -         -         -         -         -         -         -         -131 

Robbins,  Edward  H.  appointed  agent  to   receive  and  liquidate  re- 
maining claims  for  military  services,  8tc.     1 1 6 
^'  «  granted  S803, 167 


INDEX. 

Robbinson,  William,  appointed  guardian  to  the  Dudley  Indians,     -  120 
Ruggles,  Ezra,  Samuel  Eastman  to  execute  a  deed  of  land  in 

Harduick, --  100 

Rupp,  Adam,  pensioned,  --.----  170 

S. 

School  donation  in  Hadley,  committee  empowered  to  sell  land,  &c.  1 12 
Scott,  Rufus,  administrators  on  estate  of  Gilbert  Stacy  to  execute 

a  deed,         -         -         -         -         -         -         -         -         -         -132 

Secretary  to  lay  before  the  General  Court  annually  a  list  of  the 

towns  incorporated  within  each  preceding  year,         -  152 
"         to  contract  for  printing  4lh  vol.  general  laws,     -         -  89 

"         to  purchase  550  copies  of  1  st  vol.  of  Mass.  Term  Reports,  1 74 

«         to  distribute  "  "  "  174 

"         discharged  of  certain  expenditures  and  directed  as  to  fees 

received,  -         -         -         -         -         -         -         -174 

"  to  deliver  laws,  &c.  for  the  town  of  Sebec,  -  -  -  90 
"  to  deliver  Term  Reports  to  Attorney  and  Solicitor  Gen's.  93 
"         to  subscribe  for  1000  copies  of  the  Map  of  the  District 

of  Maine,  kc. 112 

"         to  deliver  to  agent  to  receive  and  liquidate  claims  for 
military  services,  &.c.  duiing  the  late   war  necessary 
papers  to  substantiate  a  claim  against  United  States,       90 
Sebec,  Laws,  he.  to  be  delivered  for,       -  -  -  -  90 

Settlers,  Trustees  of  Lincohi  academy  to  quiet,      -  -     ,        -  153 

"         on  No.  4,  east  Penobscot  river,  granted  further  time  to  pay 

for  lots,  -  -  -  -  -  -151 

"         in  Bristol,  8cc.  allowed  further  time  to  pay  for  lands,    -  147 

Shaw,  Nathaniel,  granted  §50  for  expense  of  a  wound,        -  -  123 

Small,  David,  and  others  allowed  expenses  in  an  action  of  the  State 

for  trespass  on  lands  in  Minot,  -  -  -  -  164 

Smead,  Solomon,  Esq.  certain  costs  refunded,  -  -  -  122 

Smith,  Albert,  surety  of  the  late  Treas.  Skinner  not  to  be  arrested,  125 
Society  for  propagating  the  gospel  in  N.  America,  lands  in  Princeton 

transferred  to,  -  -  -  -  -  -  103 

Solicitor  General,  Secretary  to  deliver  Term  Reports,    -  -  93 

"  to  sell  estate  late  of  B.  Bid  well,    -  -  -  142 

Somerset  county,  Tax  granted,  -  -  -  -  117 

Spring,  Seth,  and  others,  inquest  of  office  to  be  instituted  to  settle 

title  to  land  in  Prescott's  grant  in  Hiram,         -  -  -  113 

Stacy,  Azubah  R.  and  Rufus  Stratton  empowered  to  execute  a  deed 

to  R.  Scott,  132 

«  «  «         to  S.James,  133 

Suffolk  county.  Tax  granted,    -  -  -  -  -  117 

Sullivan,  William,  empowered  to  sell  estate  of  John  Gray,  deceased,       90 

T. 

Tarbell,  Grosvenor,  affidavit  made  valid,    -  -  -  "^^  122 

Taxes,  granted  to  several  counties,     -  -  -         117,   138,  139 

"  on  Lynn,  Georgetown  and  Canaan  in  part  set  to  other  towns,  187 
Towns,  &c.  required  to  transmit  to  Q.  M.  G.  reasons  why  they  should 

not  be  called  upon  to  pay  for  munitions  of  war  not  returned,  159 
Townsend,  David,  Firevvards  in  Boston  may  permit  him  to  build 

stables,  -  -  -  -  -  -  -  104 


Index. 

Treasurer  authorized  to  transfer  U.  S.  stock  to  Boston  Bank,    -  46 

"  to  credit  L.  Moody,  collector  of  Waldoborongh  g33,    -     111 

"  to  stay  process  against  bondsmen  of  late  sheriltf  Learned,     111 

"  to  deliver  agent  for  receiving  and  liquidating  claims  for 

services,  Sec.  during  ihe  late  war  any  papers  in  his  of- 
fice necessary  to  substantiate  a  claim  against  the  U.  S.     118 
"  to  pay  Q.  M.  Gener?l  balance  on  five  military  pay  rolls,     1 15 

«'  to  pay  Clerk  of  S  J.  Court,  Middlesex,  S^oe  and  interest 

for  James  M.utin,   -  -  -  -  -     150 

"  to  recall  execution  against  Bridge's  plantation,         -  169 

"  empowered   to  borrow  money  for  expense  of  erecting 

fire-proof  arsenal,  laboratory  and  store,        -  -     160 

*'  to  notify  Union  and  Boston  Banks  that  the  legislature 

direct  them  to  purchase  Commonwealth's  stock,  ITO 

"  to  cancel  bonds  of  Ingersol  and  Hodgdon  on  condition,     147 

Trustees  of  Williams  College  allowed  further  time  to  locate  a  town- 
ship of  land,  -  -  -  -  -     1 23 

"       of  Btlfdst  and  Phillips  Limerick  academies  granted  fur- 
ther time  to  make  settlement  on  lands,  -  -     126 
"       of  Lincoln  academy  authorized  to  quiet  settlers  on  a  gore 

of  land,  -  -  -  -  -  -153 

Turnpike,  Housatonic,  committee  to  view  and  report  where  gales 

should  be  erected,       -  -  -  -  -  -     151 

W. 

Walcutt,  Thomas,  grant  to  for  services,       -  -  -  -ITT 

Waldoboro' abated  §33  for  money  lost,        -  -  -  -     111 

Washington  County,  Tax  granted,    -  -  -  -  -     117 

Weeks,  Lemuel,  grant  for  services  at  Portland,       -  -  -     143 

Westfield  Bridge,  Court  of  Sessions  for  Hampden  County  to  defray 

part  of  expense,  -  -  -  -  -  -     166 

Wheeler,  Leonard,  to  be  discharged  from  the  Jail  in  Worcester,     -     1 19 
Whitcomb,  David,  compensated  for  expenses  of  sickness,     -  -     110 

White,  Susannah,  Administratrix  of  the  estate  of  Moses  White,  Affi- 
davit made  valid,  -  -  -  -  -  -95 

Whiting,  Stephen,  a  revolutionary  soldier,  balance  due  to  be  paid 

his  heirs,  -  -  -  -  -  -  -159 

"Whitwell,  Benjamin,  Esq.  grant  for  services  as  Deputy  Secretary,         176 
Willard    Sidney,  guardian    to  certain  minors,  enipowered  to  sell 

resi  estate,       -  -  -  -  -  -  -165 

Williams,  Thomas,  Attorney  General  to  ascertain  and  agree  with 
him  upon  the  line  between  his  and  the  Commonwealth's  land 
in  Roxbury,     -  -  -  -  -  -  -128 

Worcester  County,  Tax  granted,  -  -  -  -  -     117 

Y. 

York  County,  Tax  granted,  -  -  -  *  -     139 

Young,  Richard,  granted  40  acres  of  land,  -  »  -     IScT 

"  "       Hon.  John  Holmes  authorized  to  convey  land  to,  and 

account,  -  -  -  -  -131 

"      William,  Judge  of  Probate  Berkshire,  to  allow  further  time 

for  creditors  to  exhibit  their  claims,  -  -     154 


RESOLYES 


OF  THE 


GENERAL  COURT 


OF  THE 


PASSED  AT  THEIR  SESSIOl^, 

iVHICH   COMMENCED  ON  WEDNESDAY,  THE  T^VENTY-NINTH  D-^Y  OF 
MAY,  AND  ENDED  ON  THE  TWENTIETH  OF  JUNE,  X816. 


Published  agreeably  to  a  Resolve  of  l§th  January,  1812. 


£OSTOJ\r: 

PKlXTT.r.  J;t  TirsSElI,,  CVTLER  and  CO.  FOn  BESJAMIN  BUSSEtT, 

rrdjfTEn  to  the  state. 


1816. 


CIVIL  LIST 

OF  THE 

COMMONWEALTH  OF  MASSACHUSETTS, 

FOR  THE  POLITICAL  YEAR  1816....ir. 

HIS  EXCELLENCY 

JOHN  BROOKS,  Esq.  Governor. 

HIS  HONOR 

WILLIAM  PHILLIPS,  Bsf^.  Lieutenant- Goveriior. 


Hon.  David  Cobb, 
Samuel  Fales, 
Nalmra  Mitchell. 
John  Welles, 


COUNCIL. 

Hon.  Joseph  Allen, 

Ezekiel  Whitman, 
Nathaniel  Bowditeh, 
Josiah  Stebbins, 
Eli  P.  Ashmun. 
Alden  Bradford,  Esq. 

Secretary  of  the  Commonwealth, 
John  T.  Apthorp,  Esq. 
Treasurer  and  Receiver-General  oj  the  Commomvealth^ 

SENATE. 
Hon.  John  Phillips,  Esq.  President. 

Swffolk — Hon.  John  Phillips,  Josiah  Quincy,  Harrisoii 
Gr.  Otis,  Thomas  H.  Perkins,  Jonathan  Hunewell,  Richard 
Sullivan. 

Kssex — Hon.  Dudley  L.  Piekraan,  Israel  Bartlettj,  Ne- 
hemiah  Cleaveland,  Stephen  Hooper,  John  Pickering. 

Middlesex — Hon.  Sam'l  Hoar,  TimothyFuUer,  JohnHart» 

Worcester — Hon  Silas  Kolman,  Oliver  Crosby,  Thomag 
H.  Blood,  Daniel  Waldo. 

Hampshire,  Hampden  and  FranMin — Hon.  Ezra  Stark- 
wether,  Samuel  Lathrop,  Elijah  Paine,  Ephraim  WilliaraSo 

Berkshire— Hon.  Caleb  Hyde,  John  Whiting. 

Bristol — Hon.  Samuel  Crocker,  James  Ellis. 

Plymouth — Hon.  Thomas  Weston,  Charles  Turner,  jun, 

Barnstable,  Dukes'  County  and  JYantucket- — Hon.  Solo- 
mon  Freeman. 

JSTorfolk — HoiL  John  Howe,  Joseph  Bemis. 

York — Hon.  William  Moody,  John  Holmes. 

Cumberland — Hon.  Isaac  Parsons,  Mark  Harris. 

Lincoln,  Hancock  and  Washington — Hon.  MarkL.  Hill, 
James  Campbell,  W.  D.  Williamson. 

Rennebeck — Hon.  Eben.  T.  Warren. 

Oxford  and  Somerset — Hon.  Levi  Hubbard. 
Samuel  F.  M*Cleary,  Esq.  Clerk. 
Robert  C.  Vose,  Esq.  Jlssistant  ClerJi\ 
Rev.  Francis  Pnrkijian*  Chaplaiv, 


198 


HOUSE  OF  REPRESENTATIVES. 
Hon.  Timothy  Bigelow,  Speaker, 


COUNTY  OF   SUFFOLK. 


Boston^  James  Robinsou, 
Josiali  Bachelder, 
Stephen  Codman, 
Benjamin  Russell, 
Thomas  W.  Sumner, 
Benjamin  Whitman, 
Charles  Davis, 
William  Hyslop  Suumer 
Ephraim  Thayer, 
Nathaniel  Curtis, 
William  Tudor,  jun. 
Richard  Faxon, 
John  D.  Howard, 
Thatcher  Goddard, 
Lynde  Walter, 
Jonathan  Loring, 
Jonathan  Whitney, 
Joseph  Pierce, 
Andrew  Sigourney, 
Thomas  Barry, 
Henry  Sargent, 
William  Harris, 


Benj,amin  Gorham, 
William  Sturgis, 
John  Howe, 
Nathan  Appleton, 
George  Sullivan, 
Israel  Thorndike,  jun. 
Benjamin  Whitwell, 

,   Benjamin  Smith, 
John  Cotton, 
Josiah  Marshall, 
John  Mackay, 
Peter  0.  Thacher, 
Joseph  W.  Revere, 
Charles  W.  Greene, 
Samuel  Hubbard, 
Benjamin  Rand, 
John  French, 
Gedney  King, 
Josiah  Bradlee, 
David  Sears,  jun, 
Edward  T.  Channing. 

Chelsea. 


ESSEX. 


Salem,  Ebenezer  Seccomb, 
licverett  Saltonstal, 
John  Hov/ard, 
John  Osgood, 
Joseph  Peabody, 
Michael  Webb. 
Samuel  Endicot, 
Jonathan  Hodges, 
Jeremiah  Lee  Page, 
George  Clevelajid, 
John  Priucc. 


Marhlehead, 

Joshua  Prentiss,  jun. 
Richard  Prince, 
John  Harris, 
John  Bond, 
Joshua  O.  Bowden, 
Frederick  Conklhi. 

Lynn,  Aaron  Breed, 
John  L.  Johnson, 
Eleazer  C.  Richardson, 
Nathan  Mudge,  jun. 


HOUSE   OF  REPRESENTATIVES.         19« 


Lynnfield, 

Saugus,  Joseph  Cheever. 

Danvers,  Nathan  Felton^ 

William  P.  Page, 

John  Swinnerton,  jun. 
Frederick  Howes. 
Beverly    Thomas  Davis, 

Robert  Rantoul, 

Nathaniel  Goodwin, 

Nicholas  Thorndike, 

Josiah  Lovett. 
Wenham,  Paul  Porter. 
Hamilton,  David  Dodge. 
Manchester, 
Gloucester, 

William  W.  Parrott. 
Ijpswich,  Joseph  Farley, 

George  Choate, 

Joseph  Lord, 

John  Choate. 
Mowley,  Joshua  Jewett, 

Samuel  Adams. 
JSTewhury,  Josiah  Little^ 

Silas  fiittle, 

John  Osgood^ 


Daniel  Emery, 

Thomas  Hills, 

Thomas  Carter. 
JVeivhuryport,  Jonathan  Gage, 

Stephen  Howard, 

Isaac  Adams, 

William  Chase,  jun. 

Samuel  L.  Knapp, 

Ebenezer  Mosely, 

Edward  S.  Rand. 
Bradford,  Thomas  Savory, 

Jesse  Kimball. 
Boxford,  Israel  Foster. 
Andover^  Thomas  Kittredge, 

John  Kneeland, 

Stephen  Barker. 
Middleton. 
Topsjield, 

Nathaniel  Hammond. 
Methuen,    Benjamin  Osgood. 
Haverhill,  David  How. 
Jlmeshiiry,  Thomas  Hoyt,  jun. 

Oliver  Stearns, 
Salisbury,   Ephraim  Morrill. 


MIDDLESEX. 

Charlestoivn,  William  Ai\sim,J\rei('ton,  Ebenezer  Cheney, 
Philemon  R  Russell,  Ebenezer  Starr. 

Leonard  M.  Parker,  Watertoicn,  Thomas  Clark, 

Seth  Knowles,  William  White. 

Thomas  Harris.  Waltham,  David  Townsend, 

Cambridge,  William  \l\\Yi&v^,Weston. 


Samuel  P.  P.  Fay. 
West  Cambridge, 

Thomas  Russell. 
Brighton, 

Nathaniel  Champney. 


Lincoln,  William  Hayden. 
Lexington,  James  Brown. 
Sudbury,  William  Hunt. 
JKast  Sudbury, 
Micah  M.  Rutter. 


Medford,  Timothy  Bigelow,  JVatich. 

Abne'r  Bartlett.  Sherburne,  Calvin  Sanger. 

Maiden,  Ebenezer  Nichels,    HolUston, 

Nathan  Nichols.  Timothy  Rockwood. 


SOO        HOUSE  OF  REPRESENTATIVES. 


Hopkinton, 

Walter  McEarland^ 

Nathan  Phipps. 
Framingham^ 

John  Trowbridge. 
Marlborough, 

Daniel  Brigham, 

Samuel  Gibbon, 
Stow  and  Boxboroiigh., 

Joseph  Stone. 
f^'oyicord. 

Bedford,  John  Meriam, 
Burlington. 
Wohurn,  John  Wade, 

Silvanus  Plimpton. 
Stoneham,  John  H.   Wright 
Jleading,  Daniel  Flint, 

Edmund  Parker. 


South  Reading,  John  Gould. 

Wilmington. 

Billerica,  Josiah  Crosby. 

Tewkshury,  Jesse  Trull. 

Chelmsford. 

Carlisle,  Jonathan  Heald,  jun. 

Westford,  Jesse  Minott. 

Acton^  Joseph  Noyes. 

Littleton,  Ithamar  Beard. 

Groton,  Luther  Lawrence, 

Th'ttcutt   Solomon  Aikin. 

Dunstable. 

Tyngsborougk. 

Shirley. 

Pej)perell, 

.     Nehemiah  Jewett,  jun. 

Townsevd,  Samuel  Brooks. 


NORFOLK. 


lloxbury,  William  Brewer, 

Abijah  Draper, 

Lemuel  Lebarron, 

Paul  Gore. 
Dorchester, 

Mather  Withington. 
BroolcUne,  Isaac  S.  Gardner 
Milton,  Jason  Houghton. 
Quincy,  Tliomas  Grecnleaf. 
Braintree. 
Weymouth, 

Christopher  Webb, 

John  Vinson,  jun. 
Cohasset,  Levi  Tower. 
JK*pedham,  Elisha  F^von. 
Dedham,  John  Endicot, 


Abner  Ellis, 

William  Ellis. 
Medfield  and  Dover, 

Daniel  Adams. 
Medway. 

Bellingham,  John  Bates. 
.Franklin,  Phineas  Ware, 

Lewis  Fisher. 
Wrentham,  Jairus  Ware. 
Walpole,  Daniel  Kingsbury. 
Foxhorough. 
Sharon,  Ziba  Drake. 
Stoughton,  Samuel  Talbot. 
Canton^  John  Bailey. 
Randolph,  Luther  Thayer. 


PLYMOUTH. 


Phimoiith,  William  Nelson,    Duxbiiry,  George  Partridge, 
Ii'ingston,  John  Thomas.  Samuel  A.  Frazer. 


HOUSE  OF  REPRESENTATIVES.        SOl 

Marslifield,  Jothaiii  Tiklen.    Carver,  Benjamin  Ellis. 
Pembroke,  Kilborn  W hitman. P/^/m^fow, 
i^nVZ^ezt'afer,  Daniel  Howard,     Jonathan  Parker,  jun. 

Ezra  Kingman,  Halifax,  Zebadiah  Thomson. 

Abiezer  Alger,  *26zw|^#on,JN^athan  Gurney,jr. 

Bartholomew  Brown,  Hanover,  Reuben  Curtis. 

Noah  Fearing,  Scituate, 

Caleb  Howard.  Jesse  Dunbar, 

Middleborovgh,  Micah  Stetson. 

Samuel  Pickens.  Hingham,  Thomas  Fearing, 

Rochester,  Charles  J.  Holmes,     Charles  W.  Gushing, 

Joseph  Meigs,  Jedediah  Lincoln. 

Jesse  Haskell.  Hull. 

Wareham. 

BRISTOL. 

Taunton,  Thomas  Lincoln.    Freetown,  Job  Morton, 
iia^n/zfl???,  John  Gilmore,  jun.     Hercules  Cushman. 
Eastown.  Troy,  Hezekiah  Wilson. 

J^orton.  Westport,  Abner  Brownell, 

Mansfield.  Sylvester  Brownell, 

Attlehorough,  Abner  B.  Gifford. 

Ebcnezer  Dagget.  Hartmouth,  Ephraim  Tripp, 

Heliohoth,  James  Bliss.  Thomas  Almy, 

SeekonJc,  Oliver  Starkwether.     Zoheth  Shearman* 
Highton,  Jeremiah  Jones.       JVew-Bedford, 
Wellingto}7, GamsiWe}  Church.     John  A.  Parker, 
Stvanzetj,  Daniel  Hale.  Frederick  Mayhew, 

Somerset,  Thomas  Kempton,  2d, 

Billings  Coggeshall.  John  Nye. 

Berkley,  Adoniram  Crane.      Fairhaven. 

BARNSTABLE. 

Barnstable,  Harivich. 

Nathaniel  .lenkins,  Brewster. 

^  Naler  Crocker.  Chatham. 

Sandwich.  Orleans. 

Falmouth,  Thomas  Fish,  Eastham,  Samuel  Freeman. 

Francis  Weeks.  Welfieet. 
Yarmouth.  Henry  Thatcher.  Trziro. 

Dcnnisp  Daniel  Howes.  Provincetown. 


203  HOUSE  OF  REPRESENTAXn'ES. 

DUKES'  COUNTY. 

Edi^arton.  Tisbury. 

ChUmark. 

NANTUCKET. 

Nantucket,  Thaddeus  Coffin. 

WORCESTER. 

Worcester,  A.braham  Lincolu^tS^rjaf/i&oi'OMo;'^,  JosiahNewtou, 

Levi  Lincoln,  jun.  »J\rorthborough,  James  Keyes. 

Edward  D.  Bangs.  Boylston,  Jotham  Bush. 

Leicester,  Austin  Flint.  West  Boylston, 

Spencer,  James  Draper,  jun*      Barnabas  Davis. 
Brookjield,  Simeon  Draper,   Lancaster^  John  Thurston, 

Samuel  B.  Riee,  Edward  Goodwin. 

Israel  Smith.  Harvard,  Stevens  Hayward. 

JS^orth  Brookjield.  Bolton,  Stephen  P.   Grardner. 

Western,  Harvey  Sessions.     Berlin,  Henry  Powers. 
(S^fwr&rfrfge,  Samuel  Freeman. jSiferZfn^,  James  Wilder, 
Southbridge.  Samuel  Sawyer. 

Charlton,  Isaiah  Rider,  Princetoivn,  David  Rice. 

Ephraim  Willard.  Holden,  Ehenezer  Estabrook. 

J)udlet^  Aaron  Tufts.  Butland,   Joel  Davis. 

Douglas,  Aaron  Benson.  Oakham,  Joel  Jones. 

Uxbridge,  Samuel  Read,       Paxton,  Nathaniel  Crocker. 

John  Capron.  JSTew  Braintree, 

^Yorfhbridge,  Henry  Penniman. 

Adolphus  Spring.  Uardwick,  Timothy  Paige, 

Mendon,  Daniel  Thurber,  Jason  Mixter. 

Joseph  Adams.  Barre,  Nathaniel  Jones, 

.Milford,  Pearley  Hunt.  Samuel  Lee. 

Upton,  Ezra  Wood.  Hiibbardston, 

Grafton.  Levi  Greenw'ood. 

Sutton,  Jonas  Sibley,  Petersham, 

Josiah  Wheelock.  Hutchins  Hapgood, 

Milbury,  Amasa  Braman.  John  Wilson. 

Ovford,  Abijah  Davis.  Leominster, 

Ward,  Recompense  Cary.         Bezaleel  Lawrence.. 
Shreicsbury^  Samuel  W2i\G,\\.Liinenburgh. 
Westborough,  Nathan  ^\s\\^\,Fitclibnrgh. 


HOUSE  OF  liEPRESENTATIVES.        SOS 


Westminster,  James  White,  Royalston,  3 ose^^h  Estabrook. 

Alexander  Dustin.  Templeton,  Moses  VV  righ't. 

Gardner,  William  Whitney.  Athol.  James  Humphreys. 
Ashburnham,  Joseph  3 ewett. PhilHpston, 
Wincliendon,  Joseph  Kiiowltoiu 

Samuel  Prentiss.  Dana. 

HAMPDEN. 

Springfield,  William  Ely,      West  Springfield, 


Moses  Chapin, 
Jonathan  Dwight,  jun. 
Justin  Lombard. 
Long  Meadow, 
Alexa)\der  Field. 


Jonathan  Smith, 
Charles  Ball, 
Alfred  Flower, 
David  Hastings. 
fFes(/ieZ^,  BenjamiiiHastings, 


Wilbraham^  Robert  Sessions,     \\  illiam  Blair, 


Moses  Burt. 
Monson,  Abner  Brown, 

William  Clark. 
Brimfield, 

Alexander  Sessions, 

Solomon  Hoar. 


James  Fowler. 
Southwick,  Enos  Foote. 
Granville^  James  Cooley, 

Perry  Babcock. 
Tolland. 
Blandford,  Isaac  Lloyd, 


Holland  and  South  Brimfield,     David  Boies,  2d. 

James  L.  AV'ales.  Chester,  John  Ellis. 

Ludlow,  Ely  Fuller.  Jiussell. 

Falmer,  Amos  Hamilton.        Montgomery, 

HAMPSHIRE. 


Northampton, 

Asahel  Pomroy, 

Jonathan  H.  Lyman, 

Ebenezer  Hunt,  jun. 
East -Hampton, 

Lemuel  Lyman. 
South- Hampton, 

Asahel  Birge. 
West-  Hampton, 

Aaron  Fisher. 
Hatfield,  Isaac  Maltby. 
WiUia  msburgh, 

Thomas  Mayhew. 
Goshen^  Timothy  Lyman,  j  an 
Plainfield,  James  lilchavds. 


Cumington,  Robert  Dawes. 
W^orthington,  William  Ward. 
Chesterfield, 

Joseph  S.  Bailey. 
Middlefield,  Daniel  Root. 
<J\'orivich^  Jesse  Joy. 
Hadley.  Samuel  Porter. 
South  Hadley,  Peter  Allen. 
Granby,  David  Smith. 
Amherst, 

Samuel  F.  Dickinson 
Pelham,  Henry  Kingman. 
Greenwich,  Laban  Marcy. 
.Hv field,  Bejijamin  Harwood. 


^4        HOUSE  OF  REPRESENTATIVES. 


BelchertowUf  Philo  Dickinson. 

Joseph  Bridgmau;  jun.        Ware,  Joseph  Cummings. 

FRANKLIN. 

JV*orthfield,  Leyden,  Hezekiab  NeweomI), 

Medad  Alexander.  Shelburnef  William  Wells. 

Warwick,  Ashbel  Ward,        Colraine,  Daniel  Willis, 
Orange,  Josiah  Cobb.  Calvin  Smith. 

Montague,  Nathan  Chenery,  Heath,  Roger  Leavitt. 
Sunderland,  Rome,  William  Taylor. 

Nathaniel  Smith-  Charlemont,  Aaron  Lymau. 

Leverett.  Haivley,  Thomas  Longley. 

Wendell,  Joshua  Greene.        JBucMand,  Levi  White. 
Shuteshury.  Josiah  Beanian.  Ashjield,  Enos  Smith, 
J\rew  Salem,  Varney  Pearce,     Henry  Bassett. 

Daniel  Putnam.  Conway,  David  Childg, 

Greenfield,  Eli  Graves.  Samuel  Warren. 

Gill,  Seth  S.  Rowland.  JDeerfleld,  Asa  Stebbins, 

JBernardstoivn,  Elihu  Hoyt, 

Polycarpus  L,  Cushman.   Whateley. 

BERKSHIRE. 


Sheffield,  W^ilUam  Ashley, 

Miner  Owen. 
JS*ew  Marlborough, 

Elihu  Ward, 

Edward  Stevens. 
Sandlsfield  and  Southjield, 

James  Adams. 
OHs, 

T?/W«^ftfl?K,Jared  Thompson 
G.  Barrington,J  ohiiW  hiting, 

John  Seley. 
jEgremont,  Wilber  Curtis. 
^Jford. 

Stockbridge,  John  Bacon. 
West-  Stockbridge, 

Stephen  Johns. 
Becket,  George  Conant. 
Waishington. 
Xse,  (James  Whiton. 


Lenox,  Oliver  Belden, 

Daniel  Collins. 
Michmond,  Hugo  Burghardt 
Hancock. 
JPittsfield,  Jonathan  Alien, 

Oliver  Robbius, 

Joel  Stevens. 

Henry  H.  Childh. 
.Valton,  Abraham  Porter. 
Hinsdale,  Simon  Huntington,. 
Peru,  John  Leland,  jun. 
Windsor. 
Lanesborough, 

Peter  Burr  Curtis. 
J^ew-*ishford. 
Cheshire,  Allen  Brown, 

Dexter  Mason. 
zidams,  Henry  Wilmarth, 

William  P.  Briggs. 


HOUSE  OF  REPRESENTATIVES.        20.S 


tVilliamstowrif 
Samuel  Kellogg, 
Rufiis  Young. 

Savoy, 


Clarksburgh. 

Florida. 

Mount  Washington, 


YORK, 


York,  Alexander  Mclntire, 

Isaac  Lyman. 
Ibittery,  Joshua  T.  Chase, 

Mark  Dennett. 
Elliot,  John  Hammond. 
Wells,  Nahum  Morrill, 

Joseph  Thomas, 

George  W.  Wallingford, 

Joseph  Grilman. 

Hugh  McCulloch. 
Arundel,  Joseph  Perkins, 
Biddeford,  Moses  Bradbury. 
Berwick f  William  Hobbs. 
^outh  Berwick, 

Benjamin  Greene. 
Lebanon,  David  Legro. 
Sandford, 
Mfi^d, 


LymaUj  John  Low. 
Mollis,  John  femith, 

Jesse  Lock. 
Waterborough, 
Shapleigh, 

Josiah  P.  Woodburyc 
JVeujield, 
Parsonsfiold. 

Cornish,  Enoch  M.  Barker- 
Limerick, 
I/imington. 
Buxton,  Gibeon  Eldcn^ 

William  Merrill, 

James  W  oodman. 
Saco,  Benjamin  Pike, 

Aaron  Scamman, 

Samuel  VVoodsum., 


CUMBERLAND. 


Portland,  Josiah  Paine^ 

Jacob  Quincy, 

Daniel  How, 

Robert  Strong, 

Phineas  Varuum, 

John  Mussey,  jr. 
Westbrook  John  Jones, 

Silas  Estes. 
Falmouth,  James  Morrell. 
Cape  Elizabeth, 

Silvanus  Higgins. 
Scarborough,  Cyrus  Libby, 

Joseph  S.  Jewett, 
Gorham, 

D avid  Hard ing,  j  u n . 


Toppan  Robicj 

Samuel  Stephenson. 
Standish,  Edmund  Mussey. 
Windham,  Josiah  Cdiute. 
Gray,  George  Latham. 
JSTorth  Yarmouth^ 

Ammi  R.  Mitchel, 

Alford  Richardson, 

Edward  Russell, 

Jeremiah  Blanchard, 
Pownal,  Edward  Thomson, 
Freeport,  Josiah  W.  Mitchell, 
Brunsimck,  David  Dunlap, 

Robert  Dimlap  Duniug« 
Diirhmn. 


2m        HOUSE  OF  REPRESENTATIVES. 

Harpsu-ellf  Setli  Chandler. 

Stephen  Purinton.  Haymond. 

J\*ew  Gloucester.  Baldwin. 

Pejepscot.  Bridgetown. 

Poland,  Josiah  Dunn.  Otiajieldf    Grinfill  Blake. 
Mi  not,  William  Ladd, 

LINCOLN. 

Wiscasset,  Abiel  A¥ood,         Warren,  Cyrus  Eaton. 

Daniel  Qiiinnaui,  Jesse  Page. 

Woolwich,  Richard  Harnden.Ca?K«?ew. 
Dresden,  Daniel  Cate.  Hope. 

Aina.  Union. 

Whitcjield.  Putnam. 

Jefferson.  Palermo,  Moses  Burley. 

JV*eu)  Castle,  C\mv\esxSic\ie\s.Montville.  Cyrus  Davis. 
Edgcumbe.  Georgetown. 

Boothocty.  Phipsburg, 

Bristol,  Samuel  Tucker.  Patrick  Drummond. 

J\^obhborou!!^h^  Bath,  Samuel  Davis, 

Ephraira  Rollins.  James  McLellan. 

Waldoboroiigk.  Topsham,  Benjamin  Hasey 

Jacob  Ludwig,  jun.  Bowdnin,  John  Hall. 

Henry  Flagg,  Bowdoinham, 

Charles  Miller.  Syms  Gardner. 

Friendship,  Melzar  Thomas. Lewistown. 
Gushing,  James  Malcom.        Lisbon. 
St.  George,  Joel  Miller.         Litchfield,  John  Neal, 
TAomfls^ow,  Isaac  Bernard,         David  C.  Burr. 

John  Spear. 

KENNEBEC  K. 

Augusta,  Rober  Howard,  Reedfield. 

Henry  W.  Fuller.  Wayne. 

Hallowell,  John  Scwall,  Fayette,  Elislia  Petdngill. 

Benjamin  Dearborn.  Mount  Vernon, 
Gardiner.  James  Marston.         Nathaniel  Rice. 
Monmouth,  Abraham  MoYY\\\,Belgrade, 

Greene,  Luther  Robbins.  Sydney. 

Leeds^  Daniel  Lothrop.  Watervilk,  Daniel  Cook, 

IVinthrop,  Samuel  Wood,  Dearborn, 

^     Alexander  Belcher*  Home. 


HOUSE  OB  REPRESENTATIVES.        207 


Vienna. 
JVew  Sharon, 

Nehemiah  Smith. 
Chesterville. 
Farmington. 
Q-'emple 

Wilton,  John  Tufts. 
Pittston. 
Vassalhorous;li, 

Samuel  Redington. 


Winslow, 

Harlem, 

Malta. 

Fairfax, 

Freedom. 

Clinton,  Matthias  AVeeks^, 

Unity,  Rufus  Burnham. 

Joy. 


OXFORD. 


Paris,  Seth  Morse, 
Benjamin  Chandler. 

Hebrjn,  William  Barrows. 

Buckfieldj  Benj,  Spalding. 

Turner,  George  French. 

Livermore,  Simeon  Waters, 
Ira  Thomson. 

Hartford. 

Sumner, 

Woodstock. 

Greenwood* 

Hiram, 

Porter. 

Brownfield,  Timothy  Gibson, 

Denmark. 


Sweden. 

JVoriaay,  Levi  Whitman. 

Fryburgh, 

Samuel  Ayer  Bradley. 
Lovell. 
Waterford. 
Mhany. 

Bethel,  Samuel  Chapman 
Jay^  James  Starr,  jun. 
JDixfield, 
JRumfovd. 
Gilead. 
J\'*eivry. 
East-Jlndover. 
Weld. 


SO^NIERSET. 


J\/*orridgewock. 

Bloomfield,  Eleazer  Coburn. 

Fairfield,  Elisha  JSIyc, 

Industry. 

Mercer. 

Starks,  James  Waugh, 

Anson,  John  Moor. 

JVew-  Vineyard, 

Stron 

Avon. 

Fmbden. 

JSTew- Portland- 

Freeman, 


S' 


Canaan,  John  Wymai*. 

Cornville. 

Madison. 

Solon. 

Athens. 

Harmony. 

St.  Albans 

Palmyra. 

Guildford. 

Bingham. 

Phillips. 

Icing Ji  eld, 

Moscow, 


g08        HOUSE  OF  REPRESENTATIVES. 


HANCOCK. 


Castinef  Thomas  E.  Hale. 

Penobscot. 

Orland, 

JSuck'stoion,  Joseph  liCe. 

Ellsworth,  Johu  Gr.  Deane. 

Surry. 

Buie  Hilly  Elias  Upton. 

Sedgwick,  Daniel  Morgan. 

Trenton. 

Sullivan. 

Gouldshorough. 

Eden. 

Mount  Desert. 


Vinalhaven. 

Deer-Isle,  Pearl  Spofford. 

Prescott  Powers. 
Isleborough. 
Lincolnville, 

Thomas  McKinuey. 
JSTorth.Port. 
Belfast,  John  Merriam 
Belmont. 
Searsmont. 
Prospect. 
Frankfort,  Joshua  Hall. 


PENOBSCOT. 

Bangor,  Robert  Parker.  Exeter. 

Orono.  Garland. 

Hampden,  Elijah  R.  Sabin.  J\i'*ew  Charlestoion. 

Harmon. 

Dixmont.  Sebeck. 

Carmel.  Foxcroft. 

Levant.  Brewer^ 

JSTew.Pnrt.  t^j^:..^*^^  \ 

Corinth. 


Sangerville. 


Eddington. 


Orrington,  Enoch  Madge. 


WASHINGTON. 

Machias,  Ebenezer  Inglee.  Addison. 

Eastport.  Harrington. 

Lubeck.  Steuben. 

Calais.  Columbia. 

Jrlobbinsfon.  Cherry f  eld. 
Jonesborough, 

Benjamin  Pollard,  Esq.  Clerk. 

Rev.  Asa  Eaton,  Chaplain. 

Theron  Metcalf,  Esq.  Reporter  of  Contested  Election- 

Jacob  Kuhn,  Messenger  to  the  General  Court, 
John  Low,  jun.  Assistant  Messenger, 
Joseph  Francis.  Page  to  the  House, 


RESOLVES 


GENERAL  COURT  OF  MASSACHUSETTS, 

PASSED  JiT  THEIR  SESSIOJV, 

WHICH   COMMENCED  ON   THE  29th  DAY  OF  INIAY,  AND  ENDED  ON  THE 
20th  DAY  OF  JUNE,  A.  D.  1816. 


GOVERNORS  SPEECH. 


REPRESENTATIVES'  CHAMBER,  JUNE  5th,  1816. 

At  12  o'clock,  the  Senators  attended  in  the  Representatives' 
Clianiber,  agreeably  to  assignment,  when  His  Excellency 
the  Governor  came  in,  accompanied  by  his  Council,  the 
Secretary  of  the  Commonwealth,  and  other  officers  of  go- 
vernment, and  delivered  the  following 

SPEECH  : 

GeMlemen  of  the  Senate,  and 
Gentlemen  of  the  House  of  llejjresentatives, 

AS  we  have  assumed  the  several  stations  which  the 
suffrages  of  our  fellow-citizens  have  ilestined  us  to  sustain 
for  the  present  year,  I  avail  myself  of  this  customai'y  inter- 
view to  congratulate  you  on  the  return  of  this  interesting 
season,  and  that  our  country  is  enjoying  a  state  of  peace 
and  domestic  tranquility. 

The  institution  of  civil  government  is  essential  to  human 
happiness : — without  government,  existence   would  cease 


210  GOVERNOR'S  SPEECH. 

to  be  a  blessing.  But  as  we  can  discern  no  ground  in  ua- 
ture  for  the  assumption  of  a  right  in  one  individual  to  con- 
trol the  actions  of  another,  we  conclude  that  all  men  are 
originally  equal ;  and  therefore  that  legitimate  government 
must  be  derived  from  the  will  of  the  people.  However, 
little  the  existing  governments  of  the  world,  generally,  may 
correspond  with  these  positions,  we  have  the  satisfaction 
to  reflect  that  Massachusetts,  and  her  sister  States,  sepa- 
rately and  conjointly,  have  realized  and  are  now  enjoying 
the  right  of  self-government. 

That  a  numerous  population  should  assemble  and  legis- 
late upon  the  multifarious  concerns  incident  to  the  social 
state,  is  obviously  impracticable.  —  Reflection  and  expe- 
rience, however,  suggested  a  convention,  and  a  represen- 
tative authority  was  the  result  of  compromise.  Every  con- 
ceivable compact  is  preferable  to  anarchy.  But  if  men  duly 
estimate  their  own  interests  in  commuting  their  natural 
rights,  each  individual,  for  the  portion  of  liberty  he  surren- 
ders, must  receive  in  benefits  from  society  far  more  than  an 
equivalent. 

The  people  of  tliis  State  have  been  favored  by  an  indul- 
gent Providence,  with  an  opportunity  spontaneously  of 
framing  for  themselves  a  Constitution  of  government  upon 
the  broad  basis  of  equal  riglits.  And  we  may  be  pprmitted 
to  exult  in  the  reflection  that  the  great  questions  involved 
in  forming  a  system  of  rules  that  must  last  indefinitely  for 
ages,  and  influence  the  conditions  of  millions,  were  dis- 
cussed with  a  degree  of  intelligence,  and  a  spirit  of  candor 
and  mutual  concession  wliieli  mark  the  period  as  an  age  of 
wisdom  and  virtue.  In  that  interesting  discussion,  facts 
and  principles  were  investigated;  the  most  distinguished 
forms  of  civil  polity,  of  which  ancient  and  modern  times 
furnished  examples  were  analyzetl ;  and  the  efl:*ects  of 
each  upon  the  character  of  man,  and  upon  social  happiness, 
were  explored  and  elucidated  as  might  have  been  expected 
among  men  thus  informed  ;  men  whose  ancestors  had  suf- 
fered under  the  lash  of  tyranny,  and  who  were  tliemselves 
menaced  with  similar  evils  :  power  was  imparted  to  public 
agents  with  caution,  and  in  every  practicable  instance,  lim- 
ited with  precision.  Such  concessions,  however,  were 
made  in  favour  of  delegated  authority  as  promised  to  insure 
"(ranquility,  and  a  due  execution  of  the  laws. 

It  is  obviously  one  of  the  leading  objects  of  our  Constitu- 


GOVERNOR'S  SPEECH.  211 

ion,  efficaciously  to  counteract  the  tendency  of  office  to  ac- 
cumulate power,  and  so  guard  against  an  abuse  of  delegated 
trust. 

Frequent  elections  are  deemed  necessary  for  preserving 
the  original  principles  of  the  government  in  their  purity ; 
and  it  is  no  less  requisite  to  that  end  that  rulers  should 
thoroughly  understand  and  duly  appreciate  their  impor- 
tance. Principles  are  immutable — and  our  system  is  so 
framed  as  to  leave  as  little  as  possible  for  construction.  A 
popular  government,  destitute  of  a  system  of  rules  and  prin- 
ciples, expressly  distributing  and  modifying  the  delegated 
authority,  and  prescribing,  as  well  to  legislators  as  to  ma- 
gistrates, the  conditions  upon  which  it  is  to  be  exercised, 
must  be  fluctuating  and  transitory.  The  ancient  republics 
afford  a  striking  illustration  of  the  truth  of  this  remark. 
A  division  of  the  powers  of  sovereignty  into  several  depart- 
ments ;  the  idea  of  vesting  legislative  power  in  two  deliber- 
ate assemblies,  each  having  a  negative  upon  the  other ;  of 
separating  the  executive  from  the  legislative  with  a  perfect 
or  qualified  negative  upon  the  latter ;  and  of  establishing  a 
judiciary  independent  of  both,  were  desiderata  in  the  an- 
cient republics,  which  time  and  experience  have  since  dis- 
closed. And  it  is  our  happiness,  gentlemen,  to  have  our 
lot  cast  under  a  system  of  government  constructed  upon 
these  principles.  This  system,  being  the  ordinance  of  the 
people  and  enacted  by  them  in  the  exercise  of  their  natural 
and  underived  right  of  self  control,  justly  and  imperatively 
claims  to  be  the  supreme  law  of  the  State.  The  Constitu- 
tion has  been  in  operation  nearly  thirty-seven  years.  It 
commenced  in  the  midst  of  the  war  of  the  revolution,  under 
circumstances  peculiarly  trying  to  its  infant  strength,  and 
has  successfully  resisted  the  shocks  to  which  it  has  since, 
from  a  variety  of  causes,  been  exposed. 

To  estimate  the  blessings  derived  to  this  people  from  our 
Constitution  would  be  difficult— we  can  scarcely  point  to 
any  source  of  enjoyment  that  is  not  deduced  from,  or  en- 
riched by  its  ])enign  influence. 

I  only  notice  further,  among  the  civil  provisions  of  the 
Constitution  for  the  preservation  of  life,  liberty,  property 
and  character,  trials  by  jury,  and  the  independence  of  the 
judges  of  the  Supreme  Judicial  Court.  These  provisions 
were  ordained  by  the  people,  and  they  operate  for,  and  are 
essential  to  their  safety.  What  otherwise  could  protect  the 
§8 


«i»  GOYERNOirS  SPEECH. 

weak  from  the  powerful.,  the  poor  from  the  opulent,  the 
simple  and  uninformed  from  the  crafty  and  intelligent? 
This  branch  of  the  social  compact  constitutes  one  of  its  most 
precious  attributes  An  independent  judiciary  not  only 
directly  guarantees  an  impartial  interpretation  and  admin- 
istration of  the  laws,  but  has  a  most  auspicious  though  re- 
mote influence  upon  science  and  literature,  upon  ciiaraeteu 
and  the  embellishments  of  taste,  and  more  especially  upon 
the  science  of  jurisprudence.  The  desire  of  wealth,  the 
love  of  fame,  the  hope  of  distinction,  and  every  motive  that 
can  operate  upon  an  ingenuous  mind,  and  give  elasticity 
and  force  to  the  human  faculties,  conspire  to  ensure  to  the 
people  a  succession  of  learned  jurists. 

It  is  foreign  to  ray  intention  as  it  would  be  to  the  occa- 
sion, to  attempt  an  analysis  of  the  Constitution.  But  such 
provisions  of  that  instrument  as  are  vitally  important  to  the 
public  happiness  cannot  be  too  frequently  brought  to  view 
and  impressed  upon  the  public  mind. 

A  knowledge  of  the  value  of  iirst  principles  ought  to  be 
cultivated.— ^Avarice  and  ambition  wage  eternal  Avar  with 
equal  rights  and  public  liberty.  This  was  the  doctrine  of 
our  fathers,  founded  in  the  nature  of  man  ;  it  is  the  doc- 
trine ot  the  Constitution,  illustrated  by  the  unequivocal  tes- 
timony of  experience. 

Virtue  is  the  great  conservative  of  republics  ;  and  coinci- 
dent  with  the  other  profound  views  developed  in  the  Con- 
stitution, and  ?j,s  auxiliary  to  their  attainment,  that  instru- 
ment  assigns  an  elevated  rank  to  moral  and  religious  prin- 
ciple's. The  happiness  of  the  people,  the  good  order  and 
preservation  of  civil  government  are  declared  essentially  to 
depend  on  piety,  religion  and  morality ;  and  wisdom  and 
Jinowledge,  as  well  as  virtue,  are  considered  as  necessary 
for  the  preservation  of  the  rights  and  liberties  of  the  people. 
To  give  the  fullest  effect  to  these  principles,  the  Constitu- 
tion makes  it  the  duty  of  legislators  and  magistrates  in  all 
future  periods  of  the  Commonwealth,  to  cherish  the  inte- 
rests of  literature  and  the  sciences,  and  all  seminaries  of 
them  ;  to  encourage  private  societies  and  public  institutions  ; 
yewards  and  immunities  for  the  promotion  of  agriculture, 
arts,  sciences,  commerce,  trades  and  manufactures  ;  to  coun- 
tenance and  inculcate  tlte  principles  of  humanity  and  bene- 
volence, public  and  private  charity,  industry  and  frugality, 
houesty  and  punctuality  in   their  dealings^  sincerity,  good 


GOVERNOR'S  SPEECH.  S13 

humour,  and  all  social  affections  and  generous  sentiments 
auioMi;  the  people. 

T.»  what  extent  the  Legislature  has  from  time  to  time 
fuliilled  these  benevolent  iiij unctions,  your  journals  and 
statute  books  can  honorably  attest.  The  establishment  of 
numerous  public  institutions,  to  countenance  the  principles 
of  piety,  of  charily  and  benevolence,  for  the  encourage- 
ment of  literature  and  the  sciences,  of  agriculture  and  the  me- 
chanic arts,  evinces  a  copious  transfusion  of  the  same  en- 
lightened spirit  into  our  legislatures  that  originated  and  per- 
fected the  constitution.  iVnd  the  various  aids  in  money,  ia 
lands,  and  in  valuable  immunities,  which  have  been  gran- 
ted from  time  to  time,  to  the  University  at  Cambridge,  th.e 
Colleges  at  Williamstown  and  Brunswick,  and  the  numer- 
ous academies  and  other  literary  and  scientific  institutions^ 
bear  lion«uable  testimony  to  the  fidelity  with  which  the 
Constitution  has  been  administered. 

In  framing  our  Constitution,  provision  was  wisely  mad6 
for  transferring  a  larger  portion  of  sovereignty  to  the  Uni- 
ted States,  than  had  been  conferred  by  the  confederation  ;  and 
the  ruinous  effects  flowing  from  the  impotence  of  merely  a 
federative  compact,  soon  imperiou'^ly  exacted  a  fulfillment 
of  that  provision.  lu  the  mean  time,  commerce  and  credit^ 
both  public  and  private,  were  nearly  extinct  ;  agriculture^ 
trades  and  manufactures  languished  ;  and  the  whole  coun- 
try, that  had  recently  and  illustriously  effected  their  in- 
dependence after  a  long  and  distressing  war,  was  over- 
whelmed with  gloomy  apprehensions  of  anarchy  and  ruin. 
At  length  a  new  frame  of  government  was  announced,  and 
after  long  and  rigorous  discussion  in  the  several  States^,  was 
happily  adopted. 

The  Constitution  of  the  United  States  is  v.ithnitt  prece- 
dent and  without  parallel.  In  its  composition  and  form  it 
partakes  of  the  federative  character;  but  from  the  extent  of 
its  fiscal,  executive  and  other  powers,  possesses  the  essen- 
tial prerogatives  of  an  integral  government.  The  Confede- 
ration was  a  government  of  courtesy.  The  national  inter* 
ests  demanded  one  of  efficiency  and  coercion.  Regulating 
commerce,  maintaining  customary  intercourse  with  other 
nations,  forming  treaties,  exercising  the  rights  of  war  and 
peace,  and  providing  for  the  national  defence,  were  large 
concessions  made  to  the  i;'ovcrnment  of  the  United  States  : 


214  GOVERNOR'S  SPEECH. 

but  they  were  then,  and  are  still  believed  to  be  necessary  to 
maintain  the  stability  of  government,  to  command  the  confi- 
dence of  our  own  citizens  and  the  respect  of  other  nations, 
as  well  as  to  preserve  the  union  of  the  States.  The  just 
mean  betv»  een  a  too  limited  and  an  indefinite  grant  of  pow- 
er, was  assiduously  sought,  and  the  result  cheerfully  sub- 
mitted to  the  test  of  experiment. 

In  whatever  degree  the  American  systems  of  government 
may  have  been  derived  in  their  exterior  forms  from  pre-ex- 
isting models,  their  origin  is  essentially  dissimilar.  The 
British  constitution,  for  example,  was  the  product  of  feudal 
times  ;  and  the  people  of  England  were  supposed  to  receive 
privileges  from  the  hands  of  a  king,  as  though  power  was 
primitively  and  inherently  an  attribute  of  royalty.  Our  Con- 
stitution originated  from  a  different  source,  and  is  strictly  a 
compromise  among  equals  ;  a  compromise  among  individu- 
als, who,  arrogating  no  exclusive  pre-eminent  rights,  ac- 
knowledged no  superiors.  And  those  compacts  being  com- 
pleted, their  administration  was  intrusted  to  agents  to  exer- 
cise that  degree  of  power  only,  which  their  constituents  had 
seen  fit  to  impart.  The  national  compact,  like  the  Constitu- 
tions of  the  individual  States,  is  an  emanation  from  the 
same  pure  and  legitimate  source  ;  and  the  spirit  of  freedom 
that  pervades  and  animates  the  State  Constitutions,  is  car- 
ried into  the  national  pact  ;  and  all  powers  not  expressly 
given  are  declared  to  be  retained  by  the  people  of  the  States. 
This  distinct  reservation  of  rights,  besides  being  a  condition, 
without  the  introduction  of  which  the  Constitution  would 
never  have  been  adopted,  forms  a  cheek  upon  the  powers 
vested  in  the  general  government.  The  sovereignty  of  the 
States,  though  reduced  from  its  original  amplitude,  has  been 
viewed  by  the  most  illustrious  statesmen  of  our  country,  as 
forming  a  most  safe  and  effectual  counterpoise  to  that  mass 
of  power  inherent  in  the  United  States'  Constitution,  and 
which  is  indispensably  necessary  for  the  general  welfare* 

From  the  experience  we  have  had  of  the  operations  of  the 
national  government,  we  may  infer  its  efficiency,  and  that  its 
continuance  may  be  protracted  for  ages.  The  machinery 
it  is  true  is  complicated,  but  the  several  parts  we  trust 
are  so  well  proportioned  and  adapted  to  each  other  as  to 
render  the  mighty  movements  of  the  whole  equable,  salu- 
tary and  lasting.     We  presume  the  governmeut  will  be  ad- 


GOVERNOR'S  SPEECH.  215 

ministered  in  the  true  spirit  of4t,  and  that  a  great  and  uni- 
ted nation  may  be  rendered  happy  under  its  auspicious  in- 
fluence. Whatever  apprehensions  may  have  been  at  any 
former  period  entertained  of  the  operations  of  the  national 
government,  the  people  of  this  Commonwealth  have  but  one 
sentiment  as  to  its  continuance.  Massachusetts  will  be 
among  the  last  to  impair  the  union  of  the  States,  as  she 
would  be  the  last  silently  to  abandon  her  own  just  rights. 

Regulating  commerce  and  encouraging  manufactures  fall 
■within  the  province  of  the  national  government.  The  rights 
and  benefits  of  the  former  are  probably  as  extensive  as  con- 
sists with  the  rights  and  interests  of  other  nations.  The 
distress  which  some  of  our  manufacturing  citizens  have  suf- 
fered from  the  astonishing  changes  that  have  recently  taken 
place  in  Europe  and  in  America  are  undoubtedly  great, 
and  excite  our  sympathy.  Congress  may » probably,  in  ad- 
justing their  new  tarift*  of  duties,  have  done  as  much  for  their 
relief  as  a  due  regard  to  justice  and  the  good  of  the  com- 
munitv  at  larsre  would  allow. 

While  the  renewal  of  the  scenes  of  war  must  be  depreca- 
ted by  every  benevolent  and  patriotic  heart,  it  must  be  high- 
ly satisfactory  to  you,  gentlemen,  to  observe,  that  the  inter- 
ests of  naval  aud  military  establishments  are  consulted  and 
patronized,  and  that  the  formation  of  respectable  military  de- 
pots is  taking  place  in  various  parts  of  the  United  States, 
and  particularly  in  the  vicinity  of  this  ancient  seat  of  go- 
vernment. 

Having  received  sundry  letters  from  the  several  Governors 
of  the  States  of  Rhode  Island,  Virginia,  Ohio,  Connecticut 
and  Louisiana,  the  Secretary  will  lay  them  before  you  ;  as 
likewise  a  copy  of  a  law  of  the  United  States,  passed  the 
20tli  day  of  April  last,  providing  for  the  appointment  of  a 
Colonel,  Lieutenant-Colonel  and  one  Major  in  each  regi- 
ment of  militia  instead  of  one  Lieutenant. Colouel  to  each 
regiment,  and  one  Major  to  each  battalion.  Considerations 
of  some  weight  as  it  regards  tlie  officers  who  are  to  be  affect- 
ed by  the  operation  of  this  law,  may  perhaps  lead  you  to 
make  some  provision  for  carrying  it  into  effect  the  present 
eession. 


216  GOVERNOR'S  SPEECH. 

Should  any  thing  of  sufficient  importance  to  require  your 
immediate  attention  occur,  I  shall  communicate  the  same  by 
special  message  ;  and  I  shall  be  happy  to  co-operate  with 
you,  gentlemen,  in  all  your  efforts  to  promote  the  public 
good. 

J.  BROOKS, 

Council  Chamber,  June  5, 1816, 


ANSWER 


OF  THE 

HOUSE  OF  REPRESENTATIVES. 


May  it  please  your  Excellencyj 

THE  House  of  Representatives  respectfully  recipro*- 
cate  your  Excellency's  congratulations  on  the  return  of  this 
interesting  season,  and  that  our  country  is  enjoying  a  state 
of  peace  and  tranquility. 

It  is  a  subject  of  no  ordinary  gratulation,  upon  the  com- 
mencement of  the  new  political  year,  co  find  that  the  suffra- 
ges of  our  fellow  citizens  have  designated  your  Excellency 
as  the  successor  of  him,  whom  they  have  long  delighted  to 
honor.  The  confidence  which  they  have  so  frequently  re- 
posed in  your  Excellency's  predecessor,  by  repeatedly 
electing  him  to  the  highest  office  in  the  government,  has  at 
once  evinced  the  intelligence  requisite  to  the  discernment 
of  their  own  best  interests,  and  the  disposition  gratefully  to 
repay  the  labors  which  have  so  essentially  subserved  them. 
From  the  theatre  of  public  life  he  has  voluntarily  retired  to 
the  bosom  of  domestic  privacy,  there  to  enjoy  for  the  residue 
of  his  days,  the  rich  rewards  of  the  patriot  and  christian, 
the  consolations  of  a  life  well  spent  in  the  promotion  of  the 
happiness  of  his  fellow  citizens. 

In  his  successor,  as  well  from  the  tenor  of  your  Excellen- 
cy's past  life,  as  from  the  exposition  of  your  Excellency's 
views  of  public  policy,  developed  in  your  communication, 
we  recognize  a  patriot  of  the  same  school.  It  was  indeed 
to  be  expected  that  one,  who  had  so  ably  contributed  to  the 
establishment  of  a  free  and  enlightened  form  of  government, 
should  be  intimately  conversant  with  its  elements,  and  ar- 
dently attached  to  its  principles. 

In  the  Constitution  of  this  Commonwealth,  framed  as  it 
was  under  circumstances  of  ])eculiar  trial  and  perplexity, 
and  without  the  advantage  of  precedents,  is  exhibited  an 
unparalleled  instance  of  what  may  be  accomplished  under 


S18  ANSWER  OF  THE  HOUSE. 

the  blessings  of  Providence,  by  a  people  who  are  guided  and 
directed  by  wise  and  good  men.  Its  institutions  maintain 
an  inseparable  union  between  the  exercise  and  enjoyment  of 
our  natural  rights,  and  the  checks  and  restri'itions  indispen- 
sable to  social  order.  It  has  its  basis  essentially  in  public 
sentiment. — Whenever  that  sliall  become  radically  corrupt, 
whatever  forms  may  remain,  its  vitality  will  cease,  and  on 
its  ruins  will  be  built  some  other  superstructure — the  dic- 
tate of  ambition  or  of  anarchy.  Its  wise  founders,  reason- 
ing from  the  analogy  of  ancient  repulics,  and  with  a  wonder- 
ful prescience,  which  seems  to  have  foreseen  the  result  of 
subsequent  experiments,  made  ^'  wisdom  and  knowledge" 
"with  "  piety,  religion  and  morality,'^  the  foundation  of  their 
system.  So  long  as  these  great  pillars  remain  unshaken, 
we  may,  with  certainty,  rely  upon  the  purity  of  public  senti- 
ment and  the  consequent  continuance  of  our  government. 

Through  the  medium  of  our  valuable  institutions  of  liter- 
atures and  science,  our  University,  colleges  and  schools,  the 
means  of  <'  wisdom  and  knowledge'^  are  rendered  accessa- 
ble  to  all.  Every  citizen,  however  humble  his  station,  is 
there  furnished  with  the  opportunity  of  improvement;  and 
the  honors  and  rewards  which  by  the  other  provisions 
of  our  political  system  are  rendered  almost  inevitably  conse. 
quent  upon  the  industrious  and  successful  cultivation  of  the 
mind,  furnish  the  strongest  inducement  to  the  due  use  of 
these  means. 

''  Piety'^  is  indeed  an  exercise  of  tlie  heart,  and  is  sus- 
ceptible of  no  political  regulation — but  the  external  obser- 
vances of  '^  religion  and  morality,"  whose  tendency  is  di- 
rect to  the  promotion  of  "  piety,"  are  attentively  considered 
and  provided  for  in  our  Constitution  and  laws.  While,  on 
the  one  hand,  the  rights  of  conscience  and  the  freedom  of 
religious  opinion  are  sedulously  guarded,  on  the  other  the 
citizen  is  bound  to  the  external  observance  of  religious  and 
moral  duties,  and  to  the  support  and  maintenance  of  chris- 
tian institutions. 

On  these  foundations  rests  our  political  fabric  :  and  thus 
impressed,  we  are  happy  in  assuring  your  Excellency,  of 
our  ready  co-operation  in  all  those  measures  which  may  be 
calculated  to  advance  the  cause  of"  v/isdopiand  knowledge 
— of  piety,  religion  and  morality." 

Subsequent  to  the  adoption  of  our  State  Charter,  which 
was  directed  and  adopted  more  particularly  to  the  definitioij 


ANSWER  OF  THE  HOUSE.  219 

and  security  of  the  individual  and  social  rights  of  our  owo 
citizens,  our  relative  situation  with  our  sister  States  ren- 
dered necessary  a  ^^  national  pact,"  for  our  mutual  advantage 
and  protection.  That  contract,  emanating  from  a  spirit  of 
equity  and  mutual  concession,  while  it  yields  to  the  whole 
many  of  the  prerogatives  of  sovereignty,  reserves  to  the  parts 
all  those  rights  and  powers  wliich  are  not  expressly  surren- 
dered. The  States  are  left  to  resort  to  their  own  govern- 
ments and  institutions  for  the  ascertainment  and  protection 
of  their  common  and  ordinary  rights,  while  the  national  com- 
pact provides  against  their  mutual  and  foreign  encroach- 
ments. Whenever  it  becomes  inadequate  to  this  object,  its 
efficacy  and  obligation  cease  ;  the  Union  resolves  itself  in- 
to its  original  elements  ;  and  the  States  become,  as  at  first, 
separate  and  independent  sovereignties. 

Massachusetts  having  been  among  the  first  to  adopt  the 
federative  league,  will  be  among  the  last  to  impair  its  obli- 
gations— having  surrendered  her  full  share  of  sovereign 
rights  for  the  common  good,  she  will  also  be  among  the  last 
to  submit  to  unauthorized  encroachments.  "  Whatever  ap- 
prehensions we  may  at  times  have  entertained  of  the  opera- 
tions of  the  national  government."  we  would  still  indulge  a 
hope  that  the  disappointments  of  ambition,  and  the  bitter  les- 
sons of  experience,  may  teach  those  who  have  erred  to  re- 
cur to  first  principles,  and  hereafter  to  give  a  practical  con- 
struction to  the  compact  consistent  with  its  original  intend- 
ment. Let  them  cultivate  ''  a  knowledge  of  the  value  of 
first  principles,"  and  learn  that  ^*  avarice  and  ambition  wage 
eternal  war  with  equal  rights  and  public  liberty."  We  may 
then  safely  *•  presume  the  government  will  be  administered 
in  the  true  spirit  of  it,  and  tliat  a  great  and  united  nation  may 
be  rendered  happy  under  its  auspicious  influence." 

The  exigencies  of  the  late  war,  waged  without  prepara- 
tion, have  induced  a  compulsory  conviction  upon  the  minds 
of  those,  who  heretofore  denounced  ^'  naval  and  military  es- 
tablisraents,"  of  the  fallacy  of  their  former  opinions.  To  be 
prepared  for  war,  in  times  of  peace,  was  among  the  prima- 
ry maxims  of  federal  policy  :  we  would  hail  this  apparent 
return  to  first  principles,  as  the  harbinger  of  a  progressive 
and  more  perfect  reformation. 
29 


S20  ANSWER  OF  THE  HOUSE. 

To  your  Excellency  who  have  so  long  been  the  avowed 
friend  and  patron  of  the  militia,  that  powerful  and  respecta- 
ble portion  of  our  fellow-citizens,  look  with  confidence  for 
all  those  aids  and  encouragements,  which  your  Excellency's 
wisdom  and  experience  enable  you  so  effectually  to  be- 
stow. To  the  accomplishment  of  these  and  all  the  other  im- 
portant objects,  for  which  our  power  is  delegated  to  us,  we 
tender  your  Excellency  our  zealous  co-operation. 


ANSWER  OF  THE  SENATE. 


>=3BBe6Kr.: 


May  it  please  your  Excellency, 

THE  Senate  of  Massachusetts  reciprocate  the  con- 
gratulations, which  your  Excellency  has  been  pleased  to  ex- 
press on  the  state  of  peace  and  domfestie  tranquility  which 
our  country  enjoys,  and  all  the  circumstances  which  give  in- 
terest to  the  return  of  this  political  season.  Among  the  most 
auspicious  of  these  circumstances  your  Excellency  will  per- 
mit the  Senate  of  Massachusetts  to  consider  the  elevation  of 
your  Excellency  to  the  chair  of  State.  It  is  in  the  opinion 
of  the  Senate,  not  among  the  least  of  the  many  causes  of 
gratitude  to  the  great  Author  of  all  good,  that  he  has,  in  the 
course  of  his  Providence,  for  such  a  length  of  time  preser- 
ved in  usefulness  and  influence,  so  many  of  the  statesmen 
and  heroes  who  achieved  our  independence.  This  senti- 
ment cannot  fail  to  be  deeply  impressed  on  the  minds  of  the 
people  of  Massachusetts,  called,  as  they  have  been,  now  to 
witness,  one  of  the  patriots  of  our  revolution,  the  friend  of 
Washington  and  the  associate  of  his  councils,  bidding  adieu 
to  public  life,  full  of  years,  and  of  honors,  and  carrying  with 
him  into  retirement  the  regret  and  affections  of  the  multitude 
of  his  fellow- citizens,  and  succeeded  by  your  Excellency^ 
another  of  those  patriots,  also  distinguished  by  the  friend- 
ship of  Washington,  his  associate  in  arms,  and  one,  who 
shared  largely  in  the  dangers  and  glories  of  his  military  ca- 
reer. Events  of  this  kind  are  not  only  honorable  to  those 
individuals,  who  are  the  subjects  of  them,  but  are  also  a- 
raong  the  happiest  omens  of  the  future  prosperity  of  our 
country  ;  inasmuch  as  they  indicate  the  steady  virtues  of 
the  people  of  Massachusetts,  and  their  continued  attachment 
to  the  principles  and  character  of  our  revolution;  and  are 
thus  among  the  surest  pledges  for  the  continuance  of  our 
Republican  Constitution,  and  among  the  best  evidences  of 
the  capacity  of  the  people  for  self  government. 

The  Senate  of  Massachusetts  are  impressed  not  less  than 
your  Excellency,  with  the  greatness  and  vital  importance 


aas  ANSWER  OF  THE  SENATE. 

of  those  principles,  relative  to  the  nature  of  civil  govern, 
ment  and  its  only  legitimate  source,  the  will  of  the  people, 
Avhich  youv  Excellency  has  been  pleased  to  enforce  and 
illustrate.  They  also  reciprocate  your  Excellency's  sen- 
timents concerning  the  objects  and  doctrines  and  principles 
of  our  political  Constitution,  and  the  blessings  we  enjoy 
under  it. — And  it  will  be  the  pride  and  pleasure,  not  less 
than  the  duty  of  the  Senate  of  Massachusetts  to  co-operate 
with  your  Excellency  and  with  the  other  branch  of  the 
Legislature,  iu  transfusing  into  our  proceedings  the  same 
enlightened  spirit,  in  which  that  instrument  originated  and 
was  perfected,  and  which  in  so  great  a  degree,  the  con- 
duct of  preceding  Legislatures  has  evinced. 

Touching  the  Constitution  of  the  United  States,  the  Sen- 
ate coincide  in  the  opinion  of  your  Excellency,  that  it  is 
*^  without  precedent  and  without  parallel,"  and  that  from 
the  extent  of  its  fiscal,  executive,  and  other  powers  and 
influences,  that  it  is  a  government  of  "  efficiency  and  co- 
ercion." The  Senate  of  Massachusetts  are  aware,  not  less^ 
than  your  Excellency,  of  the  greatness  of  those  concessions 
of  power,  made  by  the  people  to  the  government  of  the 
United  States.  And  in  the  nature  and  amplitude  of  those 
concessions,  while  on  the  one  side,  they  can  see  no  ne- 
cessity fcr  any  enlargement  of  those  powers,  by  construc- 
tion, which,  as  your  Excellency  intimates,  our  system  is 
framed  as  far  as  possible  to  prevent,  so  on  the  other,  con- 
sidering the  nature  of  all  power,  and  its  inevitable  tenden« 
cy  when  unlimited,  to  terminate  in  despotism,  the  people 
and  the  States  will  find,  in  this  condition  of  things,  new 
motives  to  watch  over  those  powers  and  portions  of  sover- 
eignty, which  are  yet  retained  by  tliem ;  and  in  the  main* 
tenance  of  v,  hich  the  spirit  and  the  hopes  of  liberty,  under 
our  complicated  frames  of  government,  essentially  depend. 

As,  in  common  witli  your  Excellency,  the  Senate  of 
Massachusetts,  ^^  from  the  experience  they  have  had  of  the 
operations  of  the  national  government,  infer  its  efficiency," 
so  also,  they  have  no  doubt  that,  if  administered  in  the 
true  spirit  of  the  Constitution,  not  only  a  great  and  united 
people  may  be  made  happy  under  its  influence,  but  ''  that 
its  continuance  may  be  protracted  for  ages."  We  concur 
with  your  Excellency  that  ^*  Massachusetts  will  be  the 
last  to"  impair  the  Union  of  the  States."  And  we  also  trust, 
that  she  will  be  always  among  the  first  to  vindicate  and 


ANSWER  OF  THE  SENATE.  §33 

maintain  those  just  limits  of  the  Constitution,  by  the  pre- 
servation of  which  alone,  that  union  can  be  perpetuated. 

The  regulation  of  commerce,  to  which  your  Excellency 
has  alluded,  as  it  has  been  recently  exercised  in  establish- 
ing a  new  tariff  of  duties,  being  within  the  fair  and  unques- 
tionable limits  of  the  powers,  granted  by  the  Constitution, 
has  been  vicAved  by  the  Senate  of  Massachusetts,  in  that 
just  and  liberal  light,  in  which  it  has  been  contemplated  by 
your  Excellency.  They  hope  that  in  executing,  on  an  ex- 
tensive scale,  and  in  a  complicated  state  of  affairs,  th.at  dif- 
ficult and  delicate  task  of  reconciling  relief  of  commerce 
with  protection  of  manufactures,  "  as  much  has  been  done 
as  a  due  respect  to  justice  and  the  good  of  the  community 
at  large  would  allow."  In  canvassing  the  measures  of  the 
general  government,  while  on  the  one  hand  the  people  of 
Massachusetts  will  yield  nothing  to  any  usurped  authority, 
so  on  the  other  they  will  never  fail  to  extend  to  the  exercise 
of  powers,  within  the  undoubted  limits  of  the  Constitution, 
every  liberal  construction  and  manly  support. 

The  Senate  of  Massachusetts,  will  ever  rejoice  at  any 
evidence  of  a  disposition  in  the  national  government  to  re- 
sort to  the  principles  and  systems,  which  characterised  the 
happiest  periods  our  country  has  enjoyed,  since  the  adoption 
of  our  Constitution.  Among  these  they  will  be  ever  dis- 
posed to  consider  attempts  to  provide  for  the  national  debt, 
and  to  place  the  credit  of  the  United  States  upon  abetter 
basis  than  recently  existed  ;  the  abandonment  of  a  system 
of  national  security,  resting  on  a  mere  love  of  justice,  and 
the  adoption  of  one  which  has  for  its  foundation  a  com- 
petent and  well  instructed  force ;  the  consequent  patronage 
of  the  naval  and  military  establishments  of  our  country;— 
the  formation  of  respectable  military  depots  ; — and,  in  ge- 
neral, a  liberal  spirit  in  relation  to  the  endowment  of  in- 
stitutions of  a  really  permanent  and  national  character. 

The  Senate  of  Massachusetts  also  reciprocate  the  assur- 
ance of  their  readiness  to  concur  w^ith  your  Excellency  is 
all  your  efforts  to  promote  the  public  good. 


RESOLVES. 


JUJ\*E,  1816. 


CHAP.  I. 

Resolve  for  'paying  the  Memhers  of  the  Legislature, 
1st  June,  1816. 

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  and  every  day's  attendance  the  present 
political  year  ;  and  the  like  sum  of  two  dollars  for  every 
ten  miles  travel  from  their  respective  places  of  abode,  to  the 
place  of  the  sitting  of  the  General  Court,  at  each  session  of 
the  same. 

And  be  it  further  resolved.  That  there  be  paid  to  the  Pre- 
sident  of  the  Senate,  and  the  Speaker  of  the  House  of  Re- 
presentatives each,  two  dollars  per  day,  for  each  and  every 
day's  attendance,  over  and  above  their  pay  as  members. 


CHAP.  II. 

Resolve  authorizing  the  Clerk  of  the  Court  of  Penobscot 

County  to  officiate  in  that  office  without  giving  bonds. 

1th  June,  1816. 

Whereas  the  Clerk  of  the  Courts  for  the  County  of  Pe- 
nobscot cannot  give  the  bonds  required  of  him  by  law,  till 


S.  p.  p.  FAY— REG.  OF  DEEDS— Jmie  4, 1816.     S25 

the  Circuit  Court  of  Common  Pleas  shall  hold  a  term  with- 
in and  for  said  county  ;  and  whereas  he  cannot,  as  the  law 
now  is,  legally  act  in  said  capacity  as  Clerk  until  he  shall 
have  given  such  bonds  : 

Therefore  resolvedf  That  the  said  Clerk  be  hereby  au- 
thorized to  proceed  to  do  and  perform  all  the  duties  and  ser- 
vices required  of  him  by  law  as  such  ;  and  that  from  the 
time  of  his  being  duly  sworn  as  Clerk,  till  the  term  of  said 
Court,  which  shall  next  he  holden  within  and  for  said  coun- 
ty, all  his  doings  in  said  office  as  Clerk,  shall  be  as  good 
and  valid  to  all  intents  and  purposes,  as  if  he,  before  he  en- 
tered upon  the  duties  of  his  said  office,  had  given  bonds,  as 
the  law  in  such  cases  directs,  any  law  to  the  contrary 
notwithstanding. 


CHAP.  III. 

Resolve  granting  pay  to  Samuel  P.  P.  Fay^  Esq. 
4lh  June,  1816. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Trea- 
sury of  the  Commonwealth  to  Samuel  P.  P.  Fay,  Esq.  of 
Cambridge,  in  the  county  of  Middlesex,  fifty  dollars,  for 
twenty-five  day's  attendance  in  tJie  House  of  Representa- 
tives, as  a  Member  thereof  for  said  town  of  Cambridge,  dur- 
ing the  last  session  of  the  Legislature. 


CHAP.  IV. 

Resolve  authorizing  Justices  of  the  Circuit  Court  of  Com- 
mon Pleas,  for  the  Western  Circuit,  to  open  and  examine 
returns  of  votes  for  a  Register  of  Deeds* 
4th  June,  1816. 

Resolved,  That  the  Justices  of  the  Circuit  Court  of  Com- 
mon Pleas,  for  the  Western  Circuit,  at  the  term  of  said 
Court,  next  to  be  holden  at  Worcester,  within  and  for  the 
county  of  Worcester,  on  the  third  Monday  of  June  current, 
may  open  and  examine  the  returns  of  the  votes  given  in  the 
several  towns  in  s^d  county,  for  the  Register  of  Deeds  in 


226    J.  ANDREWS— N.  PUB.— MES.—jMwe  6, 1816. 

the  months  of  March  or  April  last ;  aud  in  case  of  a  choice 
or  otherwise,  may  further  proceed  in  the  same  manner  as  they 
might  do,  were  said  term  the  next  regular  term  for  the  trans- 
action of  session  business. 


CHAP.  V. 

Mesolve  providing  for  the  pay  of  Joseph  Andrews. 
6th  June,  1816. 

Resolved,  That  the  sum  of  sixteen  dollars  he  allowed  and 
paid  out  of  the  public  Treasury,  to  Joseph  Andrews,  a 
Member  from  Salem,  at  the  last  session  of  the  General 
Court,  for  sixteen  days  attendance  and  travel,  the  same  hav- 
ing been  omitted  in  making  up  the  pay  roll. 


CHAP.  VI. 

Resolve  for  choosing  another  *jyotary  Public  in  the  county  of 

Plymouth,  to  reside  at  Middlehorough. 

6th  June,  1816. 

Resolved,  That  there  be  chosen  one  Notary  Public,  in 
addition  to  the  number  now  allowed  to  be  chosen,  within 
and  for  the  county  of  Plymouth,  who  shall  be  a  resident  in 
the  town  of  Middlehorough,  in  said  county. 


CHAP.  VII. 

Gentlemen  of  the  Senate,  and 
Gentlemen  of  the  House  of  Representatives, 

The  Secretary  will  lay  before  you  a  Communication,  da- 
ted the  6th  instant,  from  Captain  George  Talcott,  of  the  U- 
nited  States  ordnance,  stating  that  he  had  selected  a  site  for 
an  ordnance  depot  for  the  United  States,  upon  the  left  bank 
of  Charles  river,  one  mile  below  the  bridge  at  Watertown, 
and  requesting  that  the  necessary  steps  may  be  taken  for 
vesting  in  the  general  government  the  jurisdiction,  as  is 


IIUSSELL— GOLDTHWAITE.— Juwe  7,  1816.      2^7 

usual  in  such  cases.  The  extent  of  the  cession  will  be  par- 
ticularly defined  by  the  applicant,  who  is  charged  with  the 
construction  of  the  necessary  magazines,  arsenals  and  work- 
shops for  the  use  of  the  United  States. 


J.  BROOKS. 


Council  Chamber,  June  7,  1S16. 


CHAP.  VIII. 

Resolve  on  the  petition  of  Bevjamin  RusselL 
7th  June,  1816. 

On  the  petition  of  Benjamin  Russell,  of  Boston,  in  the 
county  of  Suffolk,  praying  to  be  appointed  and  employed 
as  Printer  to  the  General  Court,  the  ensuing  year ; 

Resolved,  That  the  said  Benjamin  Russell,  for  reasons 
set  forth  in  his  said  petition,  be,  and  he  hereby  is  appointed 
the  Printer  of  this  Commonwealth  for  one  year,  from  the 
fourth  day  of  June  instant,  to  be  fully  completed  and  end- 
ed, and  until  another  State  Printer  shall  be  appointed  in 
his  stead  :  Provided,  he,  the  said  Russell,  shall  do  and  per- 
form, or  cause  to  be  done  and  performed,  the  printing  in  a 
faithful  and  workman-like  manner,  on  good  and  suitable 
paper,  and  with  all  reasonable  despatch,  and  to  the  accept- 
ance of  the  officers,  for  whom  the  w  ork  may  be  done. 

Be  it  further  resolved,  That  the  compensation  which 
shall  and  may  be  allowed  and  made  to  the  said  Benjamin 
Russell  for  printing,  and  materials  furnished  as  aforesaid, 
shall  be  such  as  the  Committee  on  Accounts  may  deem  to 
be  just  and  reasonable ;  they,  the  said  Committee  on  Ac- 
counts taking  into  consideration  and  comparison,  the  pay 
and  allowance  heretofore  made  for  similar  and  like  services 
rendered,  and  articles  furnished  by  Printers  to  the  General 
Court  for  several  years  last  past. 


CHAP.  IX. 

Resolve  to  quitclaim  to   Chloe   Goldthicaite  the  estate  of 
Ellery  Wood.     8th  June,  18 16. 

Whereas  it  has  been  made  to  appear  to  this  Legislature- 
that  Ellery  Wood,  late  of  Uxbridge.  in  the  county  of  Wor- 


gSS  JAMES  FISKE  AND  OTHERS.— June  8,  1816. 

cester,  deceased^  intestate,  at  the  time  of  his  death,  was 
seized  and  possessed  of  a  small  real  and  personal  estate, 
but  left  no  legal  heirs,  whereby  the  said  estate  has  escheat- 
ed to  the  Commonwealth,  and  Chloe  Goldthvvaite,  of  North- 
bridge,  in  said  county,  the  mother  of  said  EUery  Wood, 
lias  petitioned  this  Legislature  to  release  to  her  the  right  of 
the  said  Commonwealth  in  said  estate  : 

Therefore  resolved^  That  the  Honorable  Daniel  Davis, 
Solicitor  General  of  the  Commonwealth,  be,  and  he  hereby 
is  authoriz;ed  and  empowered,  in  the  name  of  the  Common- 
wealth, to  release  and  quitclaim  to  Chloe  Goldthwaite,  of 
Northbridge,,  in  the  county  of  Worcester,  all  the  right,  title 
and  interest  of  the  Commonwealth  in  and  to  the  estate,  real 
and  personal,  which  was  of  Ellery  Wood,  late  of  Ux- 
bridge,  in  said  county,  at  the  time  of  his  decease,  to  have 
and  to  hold  the  same,  to  her,  the  said  Chloe,  her  heirs  and 
assigns,  forever  :  Provided^  That  nothing  herein  contained 
shal)  in  any  manner  prejudice  or  impair  the  legal  rights  of 
creditors,  or  others  in  said  estate;  the  debts  due  from  said 
estate,  to  be  first  paid  out  of  the  personal  estate,  and  if 
need  be,  out  of  the  real  estate,  agreeably  to  the  law  in  such 
case  provided. 


CHAP.  X. 

llesolve  on  the  petition  of  James  Fisk  and  others, 
8th  June,  1816. 

On  the  petition  of  James  B.  Fisk,  Simon  Harrinian, 
Robert  Parker,  and  Samuel  E.  Dutton,  praying  that  the 
Administrator  on  the  estate  of  Charles  Hammond,  late  of 
Bangor,  in  the  county  of  Penobscot,  deceased,  may  be  em- 
powered  to  execute  deeds  of  conveyance,  of  a  certain  piece 
of  land  in  Bangor,  bounded  as  follows — viz.  :  Southwest- 
wardly  by  the  original  line  between  lots  number  ten  and 
seventy,  according  to  Park  Holland's  survey  of  the  settlers 
lots,  in  said  Bangor,  which  the  said  Hammond  in  his  life 
time,  by  instruments,  not  under  seal,  contracted  to  convey, 
but  was  prevented  by  death  : 

Therefore  resolved,  For  reasons  set  forth  in  said  petition, 
That  Moses  Patten,  Administrator  of  the  estate  of  Charles 
Hammond,  Esquire,  be,  and   lie  hereby  is   empowered   to 


NOT.  PUBLIC— S.  PERRY.— Jwwe  8, 1816.     2^9 

execute  good  and  sufficient  deeds  of  conveyance  of  said 
land  as  follows,  viz.  to  James  B.  Fisk,  two  undivided 
sixtieth  parts ;  to  Simon  Harriman,  one  undivided  six- 
tieth part ;  to  Robert  Parker,  two  undivided  sixtieth  parts  ; 
and  to  Samuel  E.  Button,  three  undivided  sixtieth  parts, 
agreeable  to  a  contract  entered  into  by  the  said  Hammond 
iu  his  life  time  ;  and  the  said  deeds  so  made  and  executed 
shall  be  good  and  valid  in  law  to  convey  all  the  right  and 
interest  which  the  heirs  at  law  of  the  said  Hammond  may 
have  in  the  said  land  as  fully  as  if  the  said  deed  had  been 
executed  by  the  said  Hammond  in  his  life  time. 

CHAP.  XL 

Resolve  for   appointing    JK^otaries  Public  for  Penobscot 
County,     8th  June,  1816. 

Resolved,  That  three  Notaries  Public  be  appointed  for 
the  county  of  Penobscot,  one  to  reside  in  the  town  of  Ban- 
gor, one  in  the  town  of  Hampden,  and  one  in  the  town  of 
Orrington,  in  said  county. 

CHAP.  xn. 

Resolve  on  petition  of  Stephen  Perry  and  his  brother ,  di- 
recting the  Solicitor  General  to  endorse  and  allow  on  the 
notes  of  Benjamin  Baldwin,  JS595,  on  condition. 
11th  June,  1816. 

On  the  petition  of  Stephen  Perry,  in  behalf  of  himself  and 
his  brother,  Benjamin  Perry,  praying  the  Commonwealth 
to  release  to  the  said  Stephen  and  Benjamin,  their  heirs 
and  assigns,  the  right  and  title  of  the  Commonwealth  in 
and  to  thirty -five  acres  of  land,  lying  in  Egremont,  in  the 
county  of  Berkshire,  south-east  of  the  dwelling-house  of 
James  Baldwin,  Esquire,  of  said  Egremont,  called  the 
Young  love  lot,  which  the  said  Stephen  and  Benjamin  had 
purchased  of  the  said  James,  and  for  which  they  had  paid 
him,  but  had  not  taken  a  deed  from  the  said  James,  which 
land  was  sold  to  Benjamin  Baldwin  by  the  Commonwealth, 
by  virtue  of  a  warrant  of  distress  in  favor  of  the  Common- 
wealth against  the  said  James,  in  the  month  of  September, 
in  the  year  of  our  Lord,  one  thousand  eight  hundred  and 


230    SELECTMEN  OF  CHARLTON.— June  11, 1816. 

thirteen,  at  the  average  price  of  seventeen  dollars  per  acre, 
amounting  in  the  whole  to  the  sum  of  five  hundred  ninety- 
five  dollars;  or  that  the  Commonwealth  would  in  some 
other  way  grant  relief  in  the  premises. 

Resolved^  That  the  Solicitor  Greneral,  in  behalf  of  the 
Commonwealth  be,  and  he  hereby  is  directed  to  endorse 
and  allow  on  the  promissory  note  or  notes  of  the  said  James 
Baldwin  to  the  Commonwealth  made,  and  taken  for  the  sale 
of  that  and  other  real  estate,  the  sum  of  five  hundred  and 
ninety- five  dollars,  being  the  average  value  of  said  lauds  sold, 
as  of  the  date  of  said  note  or  notes  :  Provided  that  the  said 
Benjamin  Baldwin  shall  make  and  execute  his  deed  with 
warranty  to  said  Stephen  Perry  and  Benjamin  Perry,  their 
heirs  and  assigns,  conveying  to  them  a  good  and  sufficient  ti- 
tle to  the  said  thirty-five  acres  of  land ;  and  shall  also  make 
and  execute  to  the  Commonwealth  a  deed  of  release  of  all 
claims  which  he  lias  or  may  liave  against  the  Common- 
wealth, by  virtue  or  in  consequence  ot  the  sale  and  convey- 
ance to  him  made  by  the  Commonwealth  as  aforesaid  ;  and 
provided  also,  that  Jonathan  Baldwin,  brother  of  the  said 
James  Baldwin,  shall  previously  convey  to  the  Common- 
wealth all  his  right  and  title  in  and  to  the  thirty-five  acres  of 
land  aforesaid,  such  deed  and  deeds  to  the  Commonwealth, 
to  be  made  to  the  acceptance  of  the  Solicitor  General. 

CHAP.  XIII. 

Mesolve  on  the  jjetition  of  the  Selectmen  of  Charlton, 
11th  June,  1816. 

On  the  petition  of  the  Selectmen  of  the  town  of  Charlton, 
setting  forth  that  the  town  of  Southbridge  was  taken  off  from 
the  towns  of  Sturbridge,  Charlton  and  Dudley,  by  an  act 
passed  15th  February,  1816,  and  that  no  part  of  the  State 
tax  is  apportioned  to  the  said  town  of  Southbridge,  but  war- 
rants have  been  issued  to  the  said  towns  by  the  State  Trea- 
surer, as  would  have  been,  had  not  the  said  town  of  South- 
bridge  been  incorporated  : 

Mesolvedf  For  the  reasons  set  forth  in  said  petition,  that 
the  Assessors  of  the  towns  of  Sturbridge,  Charlton  and  Dud- 
ley, be  authorized,  and  they  are  hereby  authorized  and  re- 
quired to  assess  on  the  polls  and  estates  of  the  inhabitants 
of  the  town  of  Southbridge,  such  proportion  of  the  State  and 
»*ountv  taxes  for  the  present  ycir  as  would  have  been  asses- 


WILLIAM  SMITH,  ESQ.— Jitng  11,  1816.    331 

sed  on  said  inhabitants,  had  not  the  said  town  of  Southbridge 
been  incorporated  ;  and  the  Collectors  of  the  said  towns  of 
Stiirbridge,  Charlton  and  Dudley,  are  hereby  authorized  and 
required  to  collect  all  such  taxes  assessed  as  aforesaid,  and 
pay  over  the  same  according  to  directions  in  the  war- 
rants issued  by  the  State  and  County  Treasurers. 


CHAP.  XIV. 

Report  and  Uesolve  on  the  doings  of  the  late  Jlgent  for  the 
sale  of  Eastern  lands.     11th  June,  18l6. 

The  Committee  of  both  Houses  that  were  appointed  to 
examine  the  accounts  of  the  late  William  Smith,  Esquire, 
Agent  for  Eastern  lands,  have  examined  his  account 
of  proceedings  from  the  ninth  day  of  June,  eighteen  hundred 
and  fourteen,  to  the  thirty-first  day  of  May,  eighteen  hun- 
dred and  sixteen,  wherein  he  has  received  in  securities  and 
money  the  sum  of  thirty-nine  thousand  nine  hundred  and 
fifty-seven  dollars,  and  twenty-eight  cents,  and  has  paid  the 
Treasurer  in  securities  and  money,  together  w^ith  payments 
made  for  Clerk-liire,  for  surveying  lands,  and  other  charges 
including  the  amount  due  the  Agent  for  services,  the  sum  of 
forty  thousand,  four  hundred  and  twenty-five  dollars  and 
ninety-five  cents  ;  and  there  appears  to  be  a  balance  due  to 
said  Agent  of  four  hundred  and  sixty-eight  dollars,  and  six- 
ty-seven cents,  all  of  which  appears  to  be  right  cast  and 
well  vouched. 

EPHRAOI  WILLIAMS,  Chairman. 

Therefore  resolved.  That  the  late  William  Smith,  Agent, 
for  Eastern  land,  liis  Heirs,  Executors  and  Administrators, 
be,  and  hereby  are  discharged  from  the  sum  of  thirty-nine 
thousand  nine  hundred  and  fifty-seven  dollars,  and  twenty- 
eight  cents  ;  and  the  Grovernor  is  requested  to  draw  his  war- 
rant in  favor  of  the  Executor  or  Administrator  of  William 
Smith,  Esquire,  for  the  sum  of  two  hundred  and  fifty  dol- 
lars in  full  for  his  services  as  Agent  for  Eastern  lands  to 
the  time  of  his  death.  And  in  favor  of  George  W.  Coffin, 
for  the  sum  of  two  hundred  and  eighteen  dollars,  and  sixty- 
seven  cents  in  full  for  the  balance  due  him  for  services  in 
the  Land  Office  to  this  time,  and  in  full  discharge  of  the  bal- 
ance of  said  account. 


233    S.  PRISON—HOWE—GOULD.— Jttwc  11,  1816, 


CHAP.  XV. 

Resolve  on  the  application  of  the  Warden  of  the  State  Prison, 
nth  June,  1816. 

Resolved,  That  there  be  allowed  and  paid  out  of  the 
Public  Treasury,  for  the  use  of  the  State  Prison  the  sum  of 
fen  thousand  dollars,  to  be  drawn  from  the  Treasury  by  the 
Warden  of  said  Prison,  in  such  suras  as  the  Directors  shall 
from  time  to  time  direct ;  and  his  Excellency  the  Governor, 
■with  the  advice  of  Council,  is  hereby  requested  to  draw  his 
warrants  on  the  Treasurer  for  said  sums  accordingly. 


CHAP.  XVI. 

Resolve  on  the  petition  of  John  HoweSf  a  wounded  Soldier. 
11th  June,  1816. 

On  the  petition  of  John  Howes,  of  Hawley  ♦ 
Resolved f  For  reasons  set  forth  in  said  petition;  that  there 
be  allowed  and  paid  out  of  the  Treasury  of  this  Common- 
wealth, unto  John  Howes  of  Hawley,  the  sum  of  twenty  dol- 
lars, inconsequence  of  a  wound  he  received  in  the  right  hand 
while  doing  military  duty  at  a  review  in  the  month  of  Octo- 
ber last. 


CHAP.  XVII. 

Resolve  on  the  petition  of  John  R.  Gould,  Guardian  to  Eliza 
Larkin,  a  minor.     12th  June,  1816. 

On  the  petition  of  John  R.  Gould,  Guardian  to  Eliza  Lar- 
kin,  a  minor  : 

Resolved,  For  reasons  set  forth  in  said  petition,  tliat  the 
said  John  11.  Gould  be,  and  hereby  is  authorized  to  sell  at 
private  sale,  all  the  right,  title  and  interest  of  the  said  Eliza 
Larkin,  in  and  to  a  certain  estate  lying  in  Cornhill,  in  said 
Boston,  bounded  easterly  thereon,  sixteen  feet  six  inches  ; 
southerly  on  land  of  the  heirs  of  Ebeuezer  Larkin,  deceased, 


S.  HOUSE  WELL— ELECTORS— Jitne  13,  1816.  233 

eighty  feet ;  westerly  on  land  of  the  heirs  of  Tuthill  Hubbart, 
deceasetl,  ten  feet ;  northerly  on  the  land  of  the  heirs  of  said 
Hubbart,  eighty  feet;  the  said  Eliza  being  seized  of  one  sixth 
part  thereof,  subject  to  the  life  estate  of  Benjamin  Hurd  : 
Provided,  the  said  Gruardian  can  obtain  for  the  same  a  price 
proportional  to  the  price  paid  by  the  New  Cornhill  Corpo- 
ration to  the  other  heirs  of  the  said  estate,  for  the  parts  there- 
of already  sold  by  them  to  said  Corporation :  Provided  alsOy 
that  said  Gould  first  give  bond  to  the  Judge  of  Probate  for 
the  county  of  Suffolk,  with  sufficient  sureties  to  account  for 
the  proceeds  of  the  sales  of  said  estate,  according  to  law. 


CHAP.  XVIIL 

Resolve  for  a  Well  to  he  dug  within  the  walls  of  the  State- 
House  Yard,     13th  June,  1816. 

Resolved,  That  James  Robinson,  Esquire,  be  authorized 
and  empowered,  to  cause  to  be  dug  a  Well  within  the  State 
House  Yard,  and  complete  and  fix  the  same,  with  a  good 
pump  or  piimps,  and  lay  the  account  of  the  same  before  the 
Committee  on  Accounts,  for  allowance. 


CHAP.  XIX. 

Resolve  for  appointing  Electors.     13th  June,  1816. 

Resolved,  That  the  General  Court,  on  the  second  Thurs- 
day of  November  next,  (being  then  in  session,)  will,  ])y  joint 
ballot,  elect  and  appoint  twenty-two  persons,  to  be  Electors 
of  President  and  Vice-President  of  the  United  States,  not 
being  Senators  or  Representatives  in  the  Congress  thereof, 
or  persons  holding  any  office  of  trust  or  profit  under  said 
United  States  ;  one  of  whom,  at  least,  shall  be  an  inhabit- 
ant of  each  District  which  is  assigned  for  the  choice  of  Re- 
presentatives in  the  Congress  of  the  United  States.  And 
whereas  it  may  so  happen,  that  one  or  more  of  the  Electors, 
so  elected  and  appointed,  may  be  prevented,  by  death,  sick- 
ness, resignation,  or  otherwise,  from  attending  on  tlie  first 
Wednesday  of  December  next,  to  give  their  votes  : 


g34      SUEETIES  T.  J.  SKINNER.— JiiHe  13,  1816. 

It  is  further  resolved,  That  tlie  said  Electors,  so  to  be 
jippointed,  be,  aud  hereby  are  directed  to  meet  at  the  State- 
House,  in  Boston,  on  the  first  Tuesday  in  December  next, 
at  ten  o'clock,  in  the  forenoon,  for  tlie  purpose  of  snpply- 
ing  such  vacancies.  And  the  said  Electors,  wlio  may  then 
and  there  be  present,  are  hereby  empowered  to  fill  «})  all 
vacancies  which  may  happen  as  aforesaid,  by  electing,  b^ 
ballot,  from  the  people  at  large,  so  many  suitable  persons, 
eligible  by  the  Constitution,  for  Electors  of  President  and 
Vice-President  of  the  United  States,  as  may  be  necessary 
to  supply  such  vacancies  ;  and  to  declare  the  person  or  per- 
sons, so  appointed  by  said  Electors  present,  and  em^power- 
ed  as  aforesaid,  or  the  major  part  of  them,  to  be  Elector  or 
Electors  of  the  President  and  Vice-President  of  the  United 
States,  duly  appointed  for  tlie  purpose,  and  certify  the  same 
to  the  Executive  authority  of  this  Commonwealth,  that  the 
persons  so  appointed,  may  be  entitled  to  the  certificate  of 
their  appointment. 

And  it  is  further  resolved.  That  the  said  Electors  shall 
meet  at  the  State-House,  in  Boston,  on  the  first  Wednes- 
day of  December  next,  being  the  fourth  day  of  said  month, 
and  vote,  by  ballot,  for  President  and  Vice-President  of 
the  United  States,  and  make  distinct  lists  of  all  persons  vo- 
ted for  as  President  and  Vice-President,  and  of  the  number 
of  votes  for  each ;  which  lists  they  shall  sign  and  certify, 
and  transmit,  sealed,  to  the  seat  of  government  of  the  Uni- 
ted States,  agreeably  to  the  provisions  of  the  Constitution 
and  laws  thereof.  And  the  Secretary  of  this  Common- 
wealth is  hereby  directed  to  transmit,  without  delay,  to  each 
Elector,  who  may  be  appointed,  in  manner  aforesaid,  a  cer- 
tificate of  his  appointment.  And  the  Executive  authority 
of  this  Commonwealth  is  hereby  requested  to  cause  the  lists 
of  said  Electors  to  be  made,  certified,  and  delivered  to  them, 
conformably  to  the  provisions  of  the  law  of  the  United 
States. 


CHAP.  XX. 

Resolve  on  the  petition  of  the  sureties  of  Thompson  J. 

Skinner,  late  Treasurer  of  this  Commomcealth. 

iSth  June,  1816. 

On  the  representation  of  Albert  Smith  and  John  Chamber- 
lain, two  of  the  sureties  of  the  late  Treasurer,  Thompson  J. 


EXETER— A.  BARNES.— ;rMwe   13,  1816.    235 

Skinner,  in  behalf  of  themselves  and  others  of  said  sureties, 
prating  a  discharge  from  their  suretisbip  : 

Resolved,  That  Albert  Smith,  John  Chamberlain,  Eze- 
kiel  Bacon,  James  Baldwin,  John  Picket,  Joseph  Wilson, 
Simeon  Grriswold  and  Timothy  Childs,  sureties  of  the  late 
Treasurer  Thompson  J.  Skinner,  be,  and  they  are  hereby 
released  and  discharged  from  all  debts,  obligations,  judg- 
ments, executions,  warrants  of  distress,  and  demands  due 
or  payable  from  them,  or  either  of  them,  to  said  Common- 
wealth, for,  or  on  account  of  said  Skinner  :  Provided  never- 
theless, that  nothing  contained  in  this  Resolve,  shall  pre- 
vent the  Commonwealth  from  satisfying  their  judgment  a- 
gaiust  either  of  said  sureties  out  of  any  property  heretofore 
conveyed,  or  secreted  by  them,  or  either  of  them,  for  the 
purpose  of  defrauding  the  Commonwealth  of  said  judgment. 


CHAP.  XXI. 

Resolve  on  the  petition  of  the   Selectmen  of  the  town  of 
Exeter.     13th  June,  1816. 

On  the  petition  of  the  Selectmen  of  the  town  of  Exeter, 
stating  that  a  portion  of  the  Laws  and  Resolves  of  tlie 
General  Court,  which  were  committed  to  the  care  of  the 
late  Charles  Hammond,  Esquire,  for  said  town,  was  de- 
stroyed, or  carried  away  by  the  troops  of  Great  Britain  in 
their  late  invasion  of  the  county  of  Hancock,  and  praying 
that  the  same  may  be  replaced  by  the  Commonwealth. 

Mesolved,  That  the  prayer  of  said  petition  be  granted, 
and  that  the  Secretary  of  the  Commonwealth  be  directed  to 
furnish  to  the  use  of  the  said  town  of  Exeter,  such  portion 
of  the  Laws,  Resolves  and  Reports  of  the  Commonwealth, 
and  other  books  as  were  committed  to  said  Hammond  for 
their  use,  and  destroyed,  or  carried  away  as  aforesaid, 

CHAP.  XXIL 

'llesolve  on  the  petition  of  Amos  Barnes,  of  Southampton, 
13th  June,  1816. 

On  the  petition  of  Amos  Barnes,  of  Southampton, 
llesolved,  For  reasons  set  forth  in  said  petition,  that  the 
3( 


236        D.  HART— BANGOR.— Jmm«  13,  1816. 

sum  of  fifty  dollars,  wliicli  was  paid  by  said  Barnes  to 
William  Dady,  the  commanding  officer  of  a  company  of  de- 
tached militia,  called  out  by  order  of  the  Commander  in 
Chief,  for  the  defence  of  the  Commonwealth,  in  the  month 
of  September,  A.  D.  1814,  be  refunded  to  the  said  Barnes 
by  William  Dady,  or  by  the  officer  or  person  who  now  has 
the  said  fifty  dollars  in  possession ;  and  the  said  officer  or 
person  in  possession  of  the  said  money,  is  hereby  directed 
to  pay  over  the  same  accordingly. 


CHAP.  XXIII. 

Resolve  on  the  petition  of  Daniel  Hart,  of  Townsend, 
13th  June,  1816. 

On  the  petition  of  Daniel  Hart,  praying  further  indem- 
nification for  loss  of  time  and  expense  incurred  in  conse- 
quence of  a  wound  he  received  in  his  right  leg  at  a  regi- 
mental review,  in  October,  181S : 

Resolved,  For  reasons  set  forth  in  said  petition,  that 
there  be  allowed  and  paid  out  of  the  Treasury  of  this  Com- 
monwealth unto  Daniel  Hart,  of  Townsend,  the  sum  of 
seventy  dollars  in  addition  to  the  two  hundred  dollars  here- 
tofore at  two  several  times  granted  said  Hart,  and  which  is 
to  be  considered  in  full  of  any  compensation,  which  the 
Commonwealth  are  to  make  for  all  the  considerations  men- 
tioned in  said  petition. 


CHAP.  XXIV. 

Resolve  granting  two  brass  field  pieces  to  Bangor  Artillery 
Company.     11th  June^  1816. 

On  the  petition  of  the  Officers  of  the  Company  of  Artil- 
lery in  Bangor,  in  the  first  Brigade  of  the  tenth  Division  of 
Militia ;  shewing  that  the  guns,  tumbrils  and  equipage  o( 
said  company,  were  captured  and  carried  away  by  the  en- 
emy in  the  late  war  : 

Resolved,  That  the  Quarter-Master-General  be,  and  he 
is  hereby  authorized  to  furnish  said   company  with   two 


PLYMOUTH— HINGHAM—JMwe  14,  1816.    23? 

brass  field  pieces,  tumbrils,  and  suitable  equipage,  whenev- 
er the  state  of  the  public  arsenals  will  admit  of  such  supply. 


CHAP.  XXV. 

Mesolee  for  a  2''ax  for  the  county  of  Plymouth, 
14th  June,  1816. 

Whereas  the  Treasurer  of  the  county  of  Plymoutli,  has 
laid  his  account  before  the  Legislature,  which  account  has 
been  examined  and  allowed,  and  the  Clerk  of  the  Court  of 
Sessions  for  the  said  county  has  exhibited  an  estimate  made 
by  said  Court  of  the  necessary  charges  which  may  arise 
within  the  said  county,  and  the  sum  necessary  to  discharge 
the  debts  thereof : 

Resolved^  Tliat  the  sum  of  three  thousand  six  hundred 
and  thirty  dollars,  be,  and  is  hereby  granted  as  a  tax  for 
the  county  of  Plymouth,  to  be  apportioned,  assessed,  paid, 
collected  and  applied  for  the  purposes  aforesaid,  according 
to  law. 


CHAP.  XXVL 

liesolve  appointing  a  Committee    to  view  the  harbor  of 
Hivgliam.     14th  June,  1816. 

On  the  petition  of  the  town  of  Hingham,  praying  for  the 
assistance  of  the  Legislature  to  prevent  the  destruction  or 
damage  of  their  harbor  by  the  channels  being  filled  with 
sand  : 

Resolved,  That  Messrs.  Curtis,  of  Boston  and  Tower,  of 
Cohasset,  be,  and  they  are  hereby  appointed  a  Committee 
to  view  the  iiarbor^of  Hingham,  at  the  expense  of  said  town, 
and  to  report  at  the  next  session  ot  this  Court,  whether  any, 
and  if  any,  what  aid  it  is  proper  to  afford  them  in  the 
premises. 


238  HODGDON,  ALLEN,  ST.  HOUSE— June  14, 1816. 


CHAP.  XXVIL 

Resolve  granting  S23  to  Israel  Uodgdon. 
14th  Jane,  1816. 

On  the  petition  of  Israel  Hodgdon,  of  Buckfield,  praj  ing 
compensation  for  loss  of  time  and  expenses  incurred  in  con- 
sequence of  being  called  out  in  the  detached  militia  in  the 
month  of  September,  A.  D.  1814. 

Resolved  J  For  reasons  set  forth  in  said  petition,  that  there 
T)c  allowed  and  paid  out  of  the  Treasury  of  this  Common- 
wealth, the  sum  of  twenty-three  dollars  to  Israel  Hodgdon, 
of  Buckfield,  in  full  for  all  the  considerations  mentioned  in 
his  said  petition. 


CHAP.  XXVHL 

Resolve  on  the  petition  of  Joseph  Mien,  Agent  for  sale  of 

lands  mortgaged  by  Prentiss  and  Chever. 

14th  June,  1816. 

On  the  petition  of  Joseph  Allen,  Agent  to  sell  or  lease  cer- 
tain lands  lying  in  Princeton  and  Hubbardston,  mortgaged 
to  the  Commonwealth  by  Henry  Prentiss  and  Bartholomew 
Chever  ; 

Resolved,  That  the  said  Agent  be,  and  he  is  hereby  direct- 
ed to  pay  into  the  Treasury  of  the  Commonwealth,  the  sum 
of  two  hundred  and  ninety-five  dollars,  being  the  amount  of 
rents  by  him  received,  for  one  year,  ending  in  April  last,  af- 
ter deducting  fifteen  dollars,  which  is  hereby  allowed  him 
for  his  services  therein  ;  and  that  upon  payment  as  afore- 
said, he  be  discharged  of  that  sum. 


CHAP.  XXIX. 

Hesolve  for  erecting  an  Engine  House  in  the  yard  of  the 
State  House.     15th  June,  1816. 

Resolved^  That  James  Robinson,  Esquire,  be,  and  hereby 
is  empowered  to  cause  to  be  erected,  at  the  expense  of  the 


CLS.  AG.  COMMONWEALTH.— Jttwe  15,  1816.    239 

Commonwealth,  an  Engine  House,  in  the  State  House  yard, 
either  by  enlarging  the  Watch  House  there,  or  otherwise  : 
Provided,  the  expense  shall  not  exceed  the  sum  of  one  hun- 
dred and  fifty  dollars  :  And  provided  also.  That  the  inhabi- 
tants of  the  town  of  Boston,  at  their  own  proper  expense, 
shall  furnish  a  good  Fire  Engine,  which  shall  be  kept  in 
said  Engine  House  at  all  times,  excepting  when  it  shall 
be  necessary  to  take  the  same  out  for  the  purposes  of  extin- 
guishing fires,  and  for  exercising  the  company  of  men  which 
may  be  attached  to  the  same — the  Selectmen  of  said  town  to 
appoint,  and  at  all  times  to  have  the  usual  company  of  men 
to  the  said  Engine.  And  his  Excellency  the  Governor  is 
requested  to  draw  his  warrant  on  the  Treasurer  of  the  Com- 
monwealth, in  favor  of  the  said  James  Robinson,  for  the  ex- 
pense which  may  be  incurred  in  the  premises,  when  the 
said  Engine  House  shall  be  erected,  the  said  Engine  fur- 
nished and  placed  in  the  same  House,  and  the  company  of 
men  appointed  to  the  same,  by  the  Selectmen  aforesaid. 


CHAP.  XXX. 

Mesolve f  relating  to  certain  claims  against  the  Commonwealth, 
15th  June,  1816. 

Whereas  by  a  resolve  passed  on  the  first  day  of  February 
last.  General  Alfred  Richardson,  and  General  Amasa  Davis 
were  authorized  to  receive  certain  sums  of  money  from  the 
Treasury,  for  the  purpose  of  paying  the  same  over  to  cer- 
tain individuals  whose  names  were  borne  on  two  abstracts 
of  sums  due  to  Benjamin  Clough,  and  ninety-two  others,  and 
to  Samuel  Acley  and  one  hundred  and  sixty-eight  others, 
and  to  certain  other  persons  whose  names  were  borne  on 
five  pay  rolls,  in  said  resolve  particularly  mentioned  :  And 
whereas  provision  was  made  by  said  resolve,  that  unless  all 
the  persons  mentioned  in  said  abstracts  and  pay  rolls  applied 
for,  and  received  the  sums  to  them  respectively  due,  be- 
fore the  first  day  of  June  current,  that  the  said  Richardson 
and  Davis,  should  pay  the  balance  remaining  in  their  hands, 
on  that  day  into  the  Treasury  :  And  whereas  a  number  of 
persons  mentioned  in  said  abstracts  and  pay  rolls,  did  not 
apply  in  season  for  the  payment  of  their  respective  demands, 


240  BUCKFIELD June  15, 1816. 

jintl  there  is  now  no  provision  made  by  law  for  the  payment 
of  the  same  : 

Therefore  resolved,  That  the  Treasurer  be,  and  he  hereby 
is  authorized  and  empowered,  when  the  said  Richardson 
and  Davis  shall  have  tiled  with  him,  vouchers  for  the  seve- 
ral  sums  they  may  have  respectively  paid  as  aforesaid,  to 
give  them  each  a  certificate,  specifying  the  amount  by  them 
respectively  so  paid  to  the  individuals  aforesaid,  and  the 
balance  which  remained  in  their  hands,  on  the  first  day  of 
June  aforesaid,  and  which  has  been  by  them  respectively 
paid  into  the  Treasury. 

Jind  be  it  further  resolved,  That  the  Treasurer  be,  and 
lie  is  hereby  authorized  and  directed  to  pay  to  any  individ- 
ual, or  his  order,  whose  name  is  borne  on  the  abstracts  and 
pay  rolls  aforesaid,  such  suras  of  money  as  uiay  appear  there- 
on to  be  due  to  liim,  and  to  take  duplicate  receipts  therefor, 
one  of  which  shall  be  filed  witii  the  vouchers  to  support  the 
account  of  this  Commonwealth  against  the  United  States.-— 
And  his  Excellency  the  Governor,  with  advice  of  Council^ 
is  hereby  requested  to  draw  his  warrant  on  the  Treasury 
for  the  sura  of  three  hundred  and  four  dollars,  and  thirty- 
three  cents,  for  the  purpose  of  making  the  payments  aforesaid, 

And  be  it  further  resolved,  That  his  Excellency  the 
Governor,  with  the  advice  of  Council,  be,  and  he  hereby  is 
authorized  and  requested  to  appoint  one  or  more  persons  as 
he  may  think  proper,  and  at  such  time  and  manner  as  he 
may  deem  expedient,  after  the  Agent  appointed  by  the  said 
resolve  of  the  first  of  February  last,  shall  have  completed 
the  same,  to  present  the  accounts  and  claims  of  this  Com- 
monwealth for  military  services  rendered,  supplies  and  mu- 
»itions  of  war  furnished,  labour  performed,  and  expenses 
incurred  during  the  late  war  with  Great  Britain,  and  ari- 
sing in  consequence  thereof,  to  the  government  of  the  United 
States  for  allowance,  and  to  settle  and  adjust  the  same. 


CHAP.  XXXI. 

Resolve  tocovfirm  the  doings  of  the  toivn  of  BiicJcJteld. 
15th  June,  1816. 

On  the  petition  of  the  town  of  Buekfield  for  a  confirmation 
of  their  Records  : 
Hesolved,  That  the  proceedings  of  the  town  meetings  hold- 


B.  POTTER  AND  OTHERS.— Jwne  15, 1816.       Ui 

en  in  the  town  of  Buckfield,  be,  and  they  are  hereby  confirm- 
ed and  made  valid,  the  want  of  formality  or  regularity  in  is- 
suing, posting,  warning  or  returning  warrants  for  said  town 
meetings  or  the  Records  thereof  notwithstanding  :  Provided, 
however,  That  nothing  herein  contained  shall  be  construed 
to  effect  the  title  to  any  lands  assessed,  or  sold  as  the  estate. 
of  any  now  resident  proprietor  of  lands  lying  within  the  said 
town  of  Buckfield, 


CHAP.  XXXII. 

Resolve  on  the  petition  of  Barrett  Potter  and  others,  allow- 
ing a  longer  time  for  seltling  a  township  of  land  granted 
JJeerfleld  Academy,     15th  June,  1816. 

On  the  petition  of  Barrett  Potter  and  Nathaniel  IngersoU, 
proprietors  of  the  half  township  of  land  conveyed  to  the 
Trustees  of  Deerfield  Academy,  by  a  deed  from  the  Agents 
for  the  sale  of  Eastern  lands,  dated  September  SOtb,  A.  I). 
1806  ; 

Resolved,  For  reasons  set  forth  in  said  petition,  that  a 
further  time  of  three  years  from  the  twentieth  day  of  Sep- 
tember last,  be,  and  is  hereby  allowed  to  the  said  Barrett 
Potter  and  Nathaniel  Ingersoll,  their  heirs  and  assigns,  to 
complete  the  settlement  of  ten  families  on  the  half  townsliip 
of  land  granted  to  the  Trustees  of  Deerfield  Academy,  ly- 
ing in  the  county  of  Washington  :  Provided  the  said  Bar- 
ret Potter  and  Nathaniel  Ingersoll,  their  heirs  or  assigns, 
shall,  on  or  before  the  first  day  of  September  next,  give  bond 
to  the  Treasurer  of  this  Commonwealth,  in  the  sum  of  six 
hundred  dollars,  with  sntRcient  surety  or  sureties,  to  the  sat- 
isfaction of  the  Agents  for  the  sale  of  Eastern  lands  ;  con- 
ditioned that  there  should  be  settled  on  said  grant,  the  num- 
ber of  ten  families  within  the  time  extended  as  aforesaid,  or 
for  the  payment  of  thirty  dollars  for  each  family  which  shall 
then  be  deficient  of  that  number  ;  upon  satisfaction  of  which 
bond,  given  as  aforesaid,  either  by  causing  the  said  number 
of  families  to  be  settled  on  said  grant  within  tlie  time  afore- 
said, or  by  paying  the  said  sum  of  thirty  dollars  for  each 
family  which  shall  then  be  deficient,  then  the  estate.right  and 
title  of  the  said  Barrett  Potter  and  Nathaniel  Ingersoll, 
their  heirs  and  assigns,  shall  be  valid,  full  and  efloctnal,  io 


S43    N.  MERRILL—WAIT  &  SONS— Juwe  15, 1816. 

all  intents  and  purposes,  as  if  the  conditions  of  settlement 
expressed  in  the  original  deed  given  of  said  half  township 
by  the  Agents  for  the  sale  of  Eastern  lands,  had  been  fully 
and  seasonably  complied  with. 

Jind  bp  it  further  resolved,  That  the  Treasurer  of  the 
Commonwealth  be,  and  is  hereby  directed,  upon  receiving 
the  bond  aforesaid,  to  give  up  or  cancel  the  bond  of  the 
said  Potter  and  Ingersoll,  dated  the  fifteenth  day  of  August, 
A.  D.  1813,  which  was  given  pursuant  to  a  resolve  of  the 
General  Court,  passed  the  eleventh  day  ol  June,  in  the  same 
year. 


CHAP.  XXXIII. 

Resolve  on  tlip.  'petition  of  JWtlmniel  Merrill,  discharging 
him  from  prison.     15th  June,  1816. 

Resolved,  For  reasons  set  forth  in  said  petition,  that  the 
said  Nathaniel  Merrill  be,  and  he  hereby  is  discharged  and 
fully  released  from  a  judgment  recovered  by  the  Common- 
wealth against  him,  on  the  fourtli  Tuesday  of  May,  in  the 
year  of  our  Lord  eighteen  hundred  and  fifteen  ;  on  which 
said  judgment,  execution  issued,  and  upon  which  said  Mer- 
rill is  now  imprisoned  in  the  common  gaol,  in  the  town  of 
Portland  ;  and  that  the  Sheriff  for  the  county  of  Cumber- 
land  be,  and  he  hereby  is  authorized  and  empowered  to  dis- 
charge said  Merrill  from  his  said  imprisonment :  Provided 
howevpr,  that  the  Commonwealth  shall  not  be  subjected  to  any 
cost  or  expense  which  may  have  accrued  for  the  support 
of  said  Merrill  during  his  said  imprisonment. 


CHAP.  XXXIV. 

Resolve  on  the  petition  of  Thomas  B.   Wait  and  Sons, 
ath  Jime,  1816 

Resolved,  That  the  Secretary  of  the  Commonwealth  be, 
and  he  hereby  is  authorized  to  subscribe  for  six  copies  of 
the  new  and  improved  edition  of  State  Papers  and  Public 
Documents,  proposed  to  be  printed  by  T.  B.  Wait  &  Sons, 
to  be  comprised  in  ten  volumes  ;  the  said  copies  to  be  de- 


S.  J.  COURT— B.  ROGERS.— 'Jitwe  I7,  1816.     243 

livered  in  strong  leather  bindmg,  at  the  rate  of  two  dollars 
and  fifty  cents  for  each  volume,  the  same  to  be  allowed  and 
paid  out  of  the  Treasury  of  this  Commonwealth ;  on  the 
certificate  of  tlie  Secretary,  stating  and  acknowledging  the 
receipt  of  six  copies  of  the  first  volume  of  said  edition,  at 
the  rate  aforesaid ;  and  in  like  manner  on  a  similar  certi- 
ficate from  the  Secretary,  a  like  sum  to  be  paid  in  manner 
aforesaid,  for  the  same  number  of  each  succeeding  volume, 
■when  delivered  as  aforesaid ;  and  that  the  Secretary  de- 
posit two  of  said  copies  in  the  respective  chambers  of  the 
Council,  the  Senate,  and  the  House  of  Representatives. 


CHAP.  XXXV. 

Resolve  relating  to  Justices  of  the  Supreme  Judicial  Court. 
17th  June,  1816. 

Whereas  it  is  inconvenient  for  three  or  more  of  the  Jus- 
tices of  the  Supreme  Judicial  Court  to  attend  at  the  term  of 
said  court  next  to  be  holden  at  Barnstable,  for  the  counties 
of  Barnstable  and  Duke^s  county  ;  as  little  or  no  business 
will  come  before  them,  requiring  more  than  one  of  the  Jus- 
tices of  &aid  Court : 

Therefore  resolved ,  That  the  next  term  of  said  Court 
may  be  holden  by  any  one  of  the  Justices  of  the  same  ;  and 
should  any  business  come  before  said  Court,  so  to  be  holden 
as  aforesaid,  which  by  law  requires  more  than  one  of  the 
Justices  of  said  Court  to  hear,  try  and  determine ;  all  such 
business  may  be  heard,  tried  and  determined  by  the  Court 
at  their  next  law  term,  to  be  holden  within  and  for  the 
counties  of  Plymouth  and  Bristol,  unless  the  parties  thereto 
shall  agree  to  have  the  same  continued  to  the  next  term  of 
said  Court,  to  be  holden  at  Barnstable,  for  the  counties  of 
Barnstable  and  Duke's  county. 


CHAP.  XXXVL 

Resolve  empowering  Benjamin  llogers,  to  sell  and  convey 
lands  as  Guardian.     17th  June,  1816, 

Upon  the  petition  of  Benjamin  Rogers,  of  Great  Barring- 
33 


M%       BENJAMIN  UOiiEllB.-^ June  ly,  1816. 

ion,  ill  the  eouuty  of  Berkshire,  physician,  parent  and  guard- 
ian of  Mary-Ann  Rogers,  and  Benjamin  F.  Rogers,  mi- 
nors, undei'  the  age  of  twenty. one  years,  praying  that  he  may 
be  authorized  and  empowered  to  make  sale  of  certain  real 
estate  belonging  to  said  minors,  situated  on  the  westerly 
side  of  the  main- street  in  said  town,  containing  about 
twelve  acres,  bounded  east  on  said  street,  south  and  west 
on  land  belonging  to  the  heirs  of  Thomas  Ives,  Esquire^ 
deceased ;  north  partly  on  land  of  David  Leavensworth, 
Esquire,  and  partly  on  land  of  Samuel  Riley  : 

llesolv^d,  ¥or  reasons    set  forth   in  said  petition,  that 
the  said  Benjamin  Rogers  be,  and  he  hereby  is  authorized 
and  empowered  to  make  sale  of  the  said  estate  of  said  mi- 
n3rs,  and  to  make  aiid  execute  good  and  sufficient  deed  or 
deeds  thereof  to  the  purchaser  or  purchasers,  which  shall 
be  as  effectual  in  law  as  if  the  same  was  sold  at  public 
auction  for  money ;  and  that  he  be,  and  hereby  is  author- 
ized to  purchase  with  the  proceeds  of  the  sale  or  sales  a- 
foresaid,  other  real  estate  in  said  town  of  Great  Barrington, 
of  the  same  or  nearly  equal  value ;  and  the  estate  so  pur«- 
chascd,  shall  go  and  belong  as  directed  in  the  last  will  and 
testament  of  Joel  Evarts,  late  of  said  Great  Barrington, 
physician,  deceased,  of  certain  lands  bequeathed  in  said 
will  to  the  said  minors,  and  be  subject  to  the  same  rules  of 
partition,  settlement  or  sale,  as  would  apply  to  tlie  estate 
left  by  said  deceased  to  tlie  said  minors  :  Provided  never- 
iheless,  that  the  sale  and  purchase  of  estate  as  aforesaid  be 
made  agreeably  to  aii  appraisement  by  three  impartial  men 
to  be  appointed  by  the  Judge  of  Probate  for  the  said  county 
of  Berkshire,  and  to  be  made  under  oath,  and  that  ihe  ap- 
praisement comprehend  the  estate  proposed  to  be  sold,  and 
also  that  which  may  be  purchased  ;  and  that  said  appraise- 
ments when  they  shall  be  made,  be  approved  and  allowed 
by  said  Judge ;   and  provided  also,  that  the  said  Judge  do 
certify  thereon  his  approbation  of  the  sale   or  sales,  pur-, 
chase  or  purchases  of  the  said  appraisement  or  appraise- 
ments, and  approbation  to  be  entered  on  the  records  of  the 
Probate  office,  and  to  be  made  previous  to  the  execution  of 
the  deed  or  deeds ;  and  jprovided  also,  tliat  the  said  Ben- 
jamin first  give  bonds  with  sufficient  surety  or  sureties  to 
be  approved  by    said    Judge   of  Probate,    conditioned  to 
make  the  sale  or  siiles  as  aforesaid,  and  vest  the  proceeds 
thereof  in  other  real  estate  as  aforesaid  ;  and  also  condition- 


ii.  HEALTH— A.  E.  LANDS.— ./uwe  17,  1816.      245 

ed  that  in  case  the  proceeds  of  any  sale  ot  sales  to  be  made 
by  said  Benjamin  as  aforesaid,  should  not  be  immediately 
laid  out  in  other  real  estate  as  aforesaid,  that  in  such  case 
the  proceeds  of  any  such  sale  or  sales  shall  be  paid,  with 
the  lawful  interest  thereon,  id  such  person  or  persons  to 
whom  the  estate  of  said  deceased,  bequeathed  by  his  last 
will  and  testament  would  have  descended  by  law,  and  in 
the  proportion,  and  at  the  time  or  times  mentioned  in  said 
last  will  and  testament. 


CHAP.  XXXVIL 

Resolve  on  the  memorial  of  tJie  Boston  Board  of  Heultk, 
17th  June,  1816. 

On  the  memorial  of  the  Board  of  Health  of  the  tdwn  of 
Boston,  praying  for  further  aid  to  complete  the  sea-wall  for 
the  security  of  Kainsford  or  Hospital  Island,  in  the  harbor 
of  Boston  : 

Rpsolved,  That  there  be  paid  out  of  the  Treasury  of  this 
Commonwealth,  the  sum  of  eleven  hundred  and  sixty-three 
dollars  to  the  Board  of  Health  of  the  town  of  Boston,  for 
the  purpose  of  completing  a  sea- Wall  upon  said  Rainsford 
or  Hospital  Island,  for  the  purpose  of  preserving  the  Com- 
monwealth's interest  in  the  same,  and  prevent  the  ravages 
of  the  sea  from  deteriorating  the  same. 


CHAP.  XXXVIU. 

Resolve  appointing  an  Agent  of  Eastern  lands, 
18th  June,  181 6. 

Resolved,  That  the  Honorable  Edward  H.  Robbing,  Es- 
quire, be,  and  he  hereby  is  authorized  to  do  and  perform  all 
the  acts  and  duties  appertaining  to  the  office  of  Agent  for  the 
sale  of  Eastern  lands,  by  the  Laws  and  Resolves  of  this 
Commonwealth,  which  were  in  force  at  tlie  time  of  passing 
"  An  act  for  promoting  the  sale  and  settlement  of  the  pub- 
lic lands  in  the  District  of  Maine.'^  until  a  board  of  Cc«ni- 


248    J.  HOWARD— S.  GRIGGS.— June  18, 1816. 

missioners  appointed  under  said  act,  shall  be  organized  an  J 
qualified  to  enter  upon  the  duties  of  their  office. 


CHAP.  XXXIX. 

llesolve  on  the  petition  of  Joseph  Howard,  suspending  the 
service  of  an  execution  against  him,     18th  June,  1816, 

On  the  petition  of  Joseph  Howard,  praying  that  he  may 
be  relieved  from  a  judgment  recovered  against  him  for  a 
trespass  on  the  Commonwealth's  land  in  the  town  of  Brown- 
field,  in  the  county  of  Oxford,  or  permitted  to  purchase  said 
lot  of  the  Commonwealth  : 

Resolved,  That  Hon-  Lathrop  Lewis,  Esquire,  be,  and 
he  hereby  is  authorized  and  required  to  make  a  survey  and 
plan  of  said  land,  and  to  ascertain  the  present  value  thereof 
and  what  was  the  value  of  said  lot  on  the  first  day  of  May, 
in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
thirteen ;  and  to  return  the  survey  and  plans  so  taken,  to- 
gether with  an  estimate  of  the  value  as  aforesaid,  into  the 
land  office  in  Boston,  on  or  before  the  second  Wednesday 
of  the  next  session  of  this  General  Court. 

And  it  is  further  resolved,  That  tlie  Attorney  General 
be  authorized  and  directed  to  suspend  the  service  of  the 
execution  issued  on  said  judgment,  recovered  against  said 
Howard  in  favor  of  the  Commonwealth,  until  the  end  of  said 
next  session. 


CHAP.  XL. 

llesolve  on  the  petition  of  Samuel  Griggs,  discharging  him 
from  the  Commonwealth's  demand*     18th  June,  1816. 

On  the  petition  of  Samuel  Griggs,  of  Boston,  in  the 
county  of  Suffolk,  shewing,  that  at  the  last  January  term 
of  the  Boston  Court  of  Common  Pleas  in  said  county  of  Suf- 
folk, a  judgment  was  recovered  against  him  in  favor  of  the 
Commonwealth,  for  one  hundred  dollars,  and  cost  thereon, 
being  the  amount  for  which  he  had  recognized  for  the  ap- 
pearance of  one  Rebecca  Griggs,  his  daughter,  at  the  Mu- 


qR.  MASTER  GENERAL.— JMwe  18,  1816.    247 

nicipal  Court,  who  avoided  ;  that  executiori  has  issued  oii 
said  judgment  for  said  sum,  on  which  the  petitioner  htis 
been  arrested  and  committed  to  the  gaol  in  Boston  ;  and 
that  the  said  Griggs  is  very  poor,  is  a  widower,  and  has  a 
numerous  young  family,  who,  by  his  present  embarrasment, 
are  left  wholly  destitute  of  support. 

Resolved,  For  reasons  set  forth,  that  the  said  Bamuel 
Griggs  be  discharged  from  his  recognizance  aforesaid,  from 
the  judgment  rendered  thereon,  and  from  his  confinement, 
upon  payment  of  the  costs  thereto  appertaining  :  Provi- 
ded said  Samuel  Griggs  be  not  detained  there  for  any  other 
cause. 


CHAP.  XLI. 

Resolve  on  the  report  of  the  Quarter -Master- General. 
18th  June,  1816. 

The  Committee  of  both  Houses,  to  whom  was  referred 
the  statement  of  the  Q^uarter-Master-General,  respecting  the 
towns,  plantations  and  individuals  of  every  description,  who 
had  received  from  the  Commonwealth,  its  magazines  and 
arsenals,  (during  the  late  war)  any  munitions  of  war,  or 
muskets  and  accoutrements,  and  had  not  returned  nor  ac- 
counted for  the  same,  have  attended  that  service  and  beg 
leave  to  report,  that  the  following  towns,  plantations  and  in- 
dividuals,  viz. — Kingston,  Wells,  Scituate,  Woolmcli, 
Buxton,  Maehias,  Saco,  Boothbay,  Bristol,  Biddeford, 
Brewster,  Barnstable,  Wiscasset,  Danvers,  Nobleborough, 
St.  George,  Castine,  Dorchester,  Fairhaven,  FalmoutJi, 
Friendship,  Lincolnville,  York,  Manchester,  ^Newburyport, 
Pembroke,  Rochester,  Sandwich,  Carabden,  Wareham. 
Yarmouth,  Robbinston,  Hingham,  Surry,  Weymouth,  Quiii- 
cy,  Dennis,  Captain  Gerry  Fairbanks,  Ipswich,  Harwich,, 
Captain  Thomas  Warren,  have  returned  part  of  tlie  articles 
received  by  them  reespectively  of  the  Commonwealth^  into 
tlie  department  of  tiie  Quarter-Master- General,  and  have, 
by  affidavit  and  otherwise,  furnished  satisfactory  evidence 
that  the  residue  of  the  articles  by  them  respectively  receiv- 
ed have  been  properly  expended  in  the  defence  of  the  Com- 
monvvealth,  or  have  been  unavoidably  captured,  destroyed  or 


348    GOVERNOR'S  MESSAOE.— Jime  18, 1816. 

lost,  so  that  the  said  towns,  plantations  and  individuals 
above  named,  ought  not  to  be  held  accountable  for  the 
same.  Your  Committee,  therefore,  respectfully  recommend 
the  adoption  of  the  following  resolve. 

WILLIAM  MOOBY,  per  order. 

Resolved,  That  all  the  towns,  plantations  and  individu- 
als al)ove  named,  be,  and  they  are  hereby  discharged  from 
all  liability  to  the  Commonwealth  on  account  of  any  muni- 
tions of  war,  musikets  or  accoutrements,  which  tliey  received 
from  the  Commonwealth,  its  magazines  and  arsenals,  dur- 
ing the  late  war. 

Be  it  further  resolved.  That  the  Quarter-Mastcr-General 
of  this  Commonwealth  be  directed  forthwith,  to  call  upon 
all  the  other  toAvns,  plantations  and  individuals,  who  have 
received  from  the  Commonwealth  any  munitions  of  war, 
muskets  or  accoutrements,  and  who  have  not  returned  or  ac- 
counted for  the  same,  requiring  the  return  of  said  articles, 
on  or  before  the  first  day  of  October  next ;  and  the  said 
Quarter-Master-General  is  hereby  authorized  and  empow- 
ered to  settle  with  any  delinquent  town,  plantation  or  indi- 
vidual, and  to  receive,  in  behalf  of  the  Commonwealth,  any 
sum  or  sums  of  money  which  he  may  think  reasonable,  in 
lieu  of  any  article  or  articles,  which  shall  not  be  returned 
to  him  agreeable  to  the  terms  of  this  resolve,  and  thereupon 
fully  to  discharge  the  town,  plantation  or  individual  paying 
the  same,  the  said  Quarter- Master-General  to  make  report 
of  his  proceedings  under  this  resolve,  at  the  next  session  of 
the  present  General  Court, 


CHAP.  XLII. 

Gentlemen  of  the  Senate,  and 
Gentlemen  of  the  House  of  Representatives , 

The  Honorable  Ebenezcr  Mattoon,  Esquire,  having  been 
iippointed  Adjutant-General  of  the  Militia  of  this  Common- 
wealth, has  resigned  his  oilice  as  Major-General  of  the  fourth 
-Division  ;  and  his  resignation  has  been  accepted. 

J.  EROOJCS, 

Council  Chamher,  Jnne  ISth..  1810. 


J.  WINCH— E.  W.  METCALF June  18,  1816.      gig 

CHAP.  XLIII. 

s 
Resolve  to  release  Johfi  Winch  from  prison, 
18th  June,   1816. 

On  the  petition  of  John  Winch,  a  prisoner  in  the  gaol  in 
Concord,  in  the  connty  of  Middlesex,  praying  that  he  may 
be  diischarged  from  a  warrant  of  distress  issued  on  a  judg- 
ment of  the  Supreme  Judicial  Court,  by  force  of  which  he 
is  detained  in  said  prison  ;  for  reasons  set  forth  in  saitl 
petition, 

tiesolved,  That  said  Winch  be  discharged  from  said 
warrant  of  distress,  and  tliat  the  keeper  ot  said  gaol  be 
authorized  to  suffer  him  to  go  at  large  on  his  paying  the 
costs  of  scire  facias  on  which  said  judgment  was  founded  ; 
provided  said  Wiuch  be  not  detained  there  for  any  other 
cause;  and  provided  also,  that  the  said  Winch  enter  into 
recognizance  with  two  sufficient  sureties,  in  such  sum,  as 
any  two  Justices  of  the  Peace  for  the  county  of  Middlesex, 
quorum  unus,  shall  direct,  for  his  appearance  at  the  next 
term  of  the  Supreme  Judicial  Court  to  be  liolden  in  said 
county,  to  answer  to  an  indictment,  then  and  there  pending 
against  him,  and  to  abide  the  order  of  said  Court  thereouo 

CHxlP.  XLIV. 

Resolve  empowering    Eliab    TV.  Metcalf,  Administrator, 
to  sell  lands.     18th  June,  1S16. 

Upon  the  petition  of  Eliab  W.  Metcalf,  Administrator 
on  the  estate  of  Ebenezer  Stedraan,  late  of  Cambridge,  in 
the  county  of  Middlesex,  Esquire,  deceased,  praying  for 
authority  to  sell  and  convey  a  certain  lot  of  land,  situated 
in  Cambridge,  belonging  to  the  estate  of  said  deceased, 
and  bounded  as  follows ;  viz.  beginning  four  feet  from  the 
house  lately  occupied  by  the  deceased,  and  thence  running 
twenty-nine  feet  on  the  county  road,  leading  to  West- 
Boston  bridge,  to  the  corner  of  the  street  leading  to  the 
College  wiiarf ;  thence  running  tliirty-five  feet  on  tlie  street 
last  mentioned,  to  land  owned  l>y  the  Misses  Masons: 
ihpnce  on  land  of  said  Masons  twenty-nine  fen  to  land  of 


g50       GEORGE  J.  HOMER.— June  18,  1816. 

said  deceased ;  thence  on  land  of  said  deceased,  thirty-iive 
feet,  to  the  first  mentioned  bounds;  it  heing  the  same  lot 
leased  by  said  deceased  to  Mr.  Chester  Sessions,  of  said 
Cambridge,  by  his  lease,  dated  fourteenth  of  March,  in 
the  year  of  our  Lord  one  thousand  eight  hundred  and 
fifteen 

Resolved,  For  reasons  set  forth  in  said  petition,  that  the 
said  Eliab  W.  Metcalf  be,  and  he  is  hereby  authorized, 
in  his  capacity  as  Administrator,  to  sell  and  convey  the  said 
lot  of  land,  and  to  perform  all  other  acts  relative  thereto, 
in  the  vsame  manner  as  the  said  deceased  was  authorized 
and  obligated  to  do  by  the  above  mentioned  lease. 


CHAP.  XLY. 

Mesolve  empowering  George  J.  Homer  to  sell  the  property 
left  his  sons  by  the  late  Jacob  Homer.     18th  June,  1816. 

Upon  the  petition  of  George  .Toy  Homer  of  15oston,  it 
appeareth,  that  Jacob  Homer,  late  of  Natick,  in  the  county 
of  Middlesex,  by  his  last  will  and  testament,  which  was 
duly  proved  in  the  Probate  Court  in  the  county  of  Middle- 
sex, on  the  ninth  day  of  January,  A.  D.  1816,  devised  to 
his  sons  Charles  Homer,  Michael  Homer,  Gershom  Homer 
and  John  Homer,  the  income  or  interest  of  one  eighth  part 
each  of  his  real  estate,  thereby  authorizing  the  sale  thereof, 
and  the  proceeds  to  be  placed  in  the  hands  of  the  said 
George  Joy  Homer  as  their  Trustee,  witliout  giving  express 
authority  to  any  person  to  make  such  sale. 

Tlierefore  resolved,  That  he,  the  said  George  Joy  Homer 
be.  and  he  is  hereby  authorized  and  fully  empowered  to 
sell  the  several  shares  in  said  Testator's  real  estate,  the 
income  or  interest  whereof  is  devised  to  them  by  said  will 
respectively,  and  to  make  and  execute  any  deed  or  deeds 
effectual  in  law  to  convey  the  same,  as  fully  as  if  the  said 
Testator  had  expressly  by  his  will  authorized  his  Execu- 
tors to  sell  and  convey  the  same  in  fee,  he  the  said  George 
complying  with  the  rules  and  regulations  appertaining  to 
the  sale  of  real  estates  by  Executors  and  Administrators, 
and  giving  bond  with  sufficient  surety  or  sureties  to  the 
Ju(Jge  of  Probate  in  the  county  of  Middlesex,  for  the  due 


C.  W.  HARE— CLAlMS.-^Jitwe  18,  1816.     251 

and  faithful  execution  of  said  trust,  according  to  the  true 
intent  and  meaning  of  the  said  will. 


CHAP.  XL VI. 

Order  on  the  'petition  of  Charles  W,  Hare,  Esquire,  and 
others.  Devisees  in  trust  of  the  estate  of  the  late  Wil- 
liam Bingham,  Esquire,     18th  June,  1816. 

On  the  petition  of  Charles  W.  Hare,  Esq.  and  of  the 
other  Devisees  in  trust  of  the  estate  of  William  Bingham, 
Esq.  by  the  Hon.  David  Cobb,  their  Agent,  praying  that  the 
Treasurer  of  the  Commonwealth  may  be  directed  to  sus- 
pend proceedings  under  the  act  of  the  General  Court,  pass- 
ed the  15th  day  of  February  last,  by  which  the  said  Trea- 
surer is  directed  to  issue  his  warrant  to  tlie  Sherifl's  of  the 
counties  of  Oxford,  Somerset,  Hancock,and  Washington,  re- 
quiring them  to  collect  within  their  own  counties,  the  sums 
which  by  the  several  tax  acts,  for  the  years  1813,  1813, 
18 14^  and  1815,  were  assessed  on  the  several  townships, 
or  other  tracts  of  improved  lands,  lying  within  their  res- 
pective counties ;  but  upon  all  which  townships,  or  other 
tracts  of  unimproved  land,  there  was  not  at  the  settlement 
of  the  last  valuation  any  person  residing  thereon,  or  Asses- 
sors chosen,  to  whom  said  Treasurer  could  issue  his  war- 
rants for  the  assessing  and  collection  thereof: 

Ordered,  For  reasons  set  forth  in  said  petition,  that  the 
Treasurer  of  this  Commonwealth  be,  and  he  hereby  is 
directed  to  suspend  the  issuing  of  his  warrants  as  in  the  act 
aforesaid  is  directed,  until  the  end  of  the  next  session  of 
the  present  General  Court. 

Jlnd  it  is  further  ordered,  That  the  further  consider- 
ation of  said  petition  be  referred  to  the  next  session  of  the 
present  General  Court. 


*y  0.  3  Report. — Schedule  of  Claims  allowed  at  the  War 
Office.     18th  June,  1816. 

No.  42.     Amount    allowed  to   Caleb  Faxon,  for 

slate  for  work  at  Savin  Hill, 16  00 

33 


S53       CLAIMS  AT  WAR-OFFICE.— June  18,  1816, 

43.  To  John  Howland,  for  damages  done  to  land 

at  New-Bedford, 55  00 

44.  To  David  Payson,  for  damage  done  where 
troops  were  quartered  at  Wiscasset,  1814,  -     -       30  00 

45.  To  the  Selectmen  of  Camhden«  for  a  sail  boat 

lost  in  an  attempt  to  secure  prisoners,      .     .     .     I70  00 

46.  To  the  Selectmen  of  the  town  of  Natick,  for 
transportation  and  subsistence,       -     .     -     -  7  00 

47.  To  Daniel  Quiunam,  for  military  services,  1st 
regiment,  2d  brigade,  11th  division,  -     -     -     -       13  38 

48.  To  Ephraim  Rolling,  for  the  use  of  the  town 

of  Nobleborough,  for  transportation,       -     -     -       33  41 

49.  To  Nathan  Blan chard,  for  quarters  for  troops 
stationed  at  Wiscasset, S  50 

50.  To  Samuel  and  Gilbert  Newhall,  and  Wil- 
liam Little,  for  services  in  1st  brigade  and  2d 
division, - 15  00 

51.  To  Aaron  Hay  den,  for  the  use  of 
Jonathan  Wortraan,  for  supplies  to 
troops  at  Eastport,        -----     57  83 

To  Aaron  Hayden,  for  his  own  use,  foi' 

supplies  to  troops  at  Eastport,      -     -  I6I  51— — 219  39 

52.  To  Lieutenant  James  Stevens  and  twenty-five 
others,  for  a  pay-roll,  1st  regiment,  2d  brigade, 

13th  division, -     .     .     .       65  22 

53.  To  Robert  Parker,  for  the  use  of  Lendres 
Grant  and  10  others,  pay-roll  4th  regiment,  1st 
brigade,  IGth  division, 50  20 

54.  To  Russell,  Cutler  &  Co.  for  printing  notice 

to  military  claimants  in  Maine, 27  00 

55.  To  xVdams  &  Rhodes,  for  printing  notice  to 
military  claimants  in  Maine,         27  00 

56.  To  Alford  Richardson,  expense  of  printing 
notice  to  military  claimants  in  Maine,  at  Portland,    45  50 

57'  To  Jacob  Kuhn,  for  taking  care  of  War- Of- 
fice to  this  date, 43  50 

58.  To  Alford  Richardson,  for  services  in  paying 
the  tioops  under  the  Resolve  of  1st  February, 
IS  16,  S35,  and  for  a  mistake  in  a  former  claim, 

S12  36,      -     -     - 47  30 

59.  To  James  W.  Burditt,  for  sundries  for  the 
War.Offiee,  to  this  date,     .......      43  84 


CLAIMS  AT  WAR-OFFICE.— JTitwc  19,  1816.       253 

60.  To  Cyrus  Eaton,  for  the  use  of  Alexander 
Lermond  and  4  others,  for  military  services,  1814,    11  St 

G 1 .     To  Joseph  H.  Pierce,  for  his  services  in  the 

War-Office,  up  to  June,  1816,       -----     425  00 

62.  To  Peter  Oliver  Alden,  for  making  shot  for 

the  Commonwealth,        399  19 

63.  To  Margaret  Webb,   for    damages    done   by 
troops  at  Cape  Elizabeth,  in  1814,    -     -     .     -       50  00 


S1797  IS 
War- Office,  June  iSth,  1816. 
Approved, 

EDWARD  H.  R0BBINS,e5^ewf. 


CHAP.  XLVII. 

Mesolve  for  paying  certain  claims  allowed  at  the 
War-Office.     19th  June,  1816. 

Rpsolved,  That  his  Excellency  the  Grovernor  be,  and  he 
hereby  is  requested  to  draw  liis  warrant  on  the  Treasurer 
for  the  sum  of  one  thousand  seven  hundred  ninety-seven 
dollars,  thirteen  cents,  in  favor  of  the  several  corporations 
and  individuals  stated  in  the  foregoing  account,  which  sums 
when  paid,  shall  be  in  full  compensation  for  the  several  ex- 
hibits to  which  they  refer. 

And  be  it  further  resolved,  That  his  Excellency  the 
Governor  be,  and  he  hereby  is  requested  to  draw  his  w^ar- 
rant  on  the  Treasurer,  for  the  farther  sum  of  three  hundred 
twenty-five  dollars  in  favor  of  the  Hon.  Edward  H.  Rob- 
bins,  which  sum,  in  addition  to  three  hundred  dollars  paid 
to  him  in  pursuance  of  a  resolve  which  was  passed  on  the 
fifteenth  February  last,  is  to  be  in  full  for  all  services  ren- 
dered by  him  in  the  War-Office ;  and  the  said  Edward  H. 
Robbins  having  performed  the  several  duties  assigned  tQ 
him  in  the  said  office,  his  commission  therein  is  hereby  con- 
sidered to  be  at  an  end. 


354)  LAWS,  MONEY,  BALDWIN,  kc-Mne  19, 1816. 

CHAP.  XLVIII. 

Resolve  frovidln^  for  the  expense  of  printing  1300  copies 
of  the  fourth  volume  of  Laws.     19th  June,  1816. 

Resolved,  That  whenever  the  Printers  shall  present 
their  account  to  the  Secretary  for  the  paper  and  printing  of 
tiie  thirteen  hundred  copies  of  the  public  acts  of  this  Com- 
jnonwealthj  for  which  the  Secretary  was  directed  to  make 
a  contract,  by  a  resolve  of  January  twenty-sixth,  one  thou- 
sand eight  hundred  and  sixteen,  his  Excellency  the  Gov- 
ernor, with  advice  of  Council,  be  authorized  and  requested 
to  flraw  his  warrant  on  the  Treasurer  of  the  Commonwealth 
for  the  payment  thereof;  provided  the  expense  shall  not 
exceed  one  dollar  and  seventeen  cents  for  each  copy  in 
printed  sheets. 

Be  it  further  rasolved^  That  when  the  volumes  are  bound 
and  deposited  in  the  office  of  the  Secretary  of  the  Common- 
wealth, his  Excellency  the  Grovernor  be  authorized  and 
requested  to  issue  a  warrant  for  paying  the  expense  of  bind- 
ing the  said  volumes  ;  one  half  thereof  to  be  paid  when  half 
the  number  of  volumes  shall  have  been  delivered  into  the 
office  of  the  Secretary,  and  the  remainder  whenever  the 
whole  number  shall  have  been  deposited  as  aforesaid ; 
provided  the  charge  for  binding  shall  not  exceed  forty  cents 
for  each  volume. 


CHAP.  XLIX. 

Mesolve  for  limiting  the  time  for  making  application  for 
money.     19th  June,  1816. 

Resolved,  That  no  application  or  motion  for  any  grant 
of  money,  at  the  next  session  of  this  Grencral  Court,  be 
received  after  the  third  Wednesday  thereof. 


CHAP.  L. 

Resolve  providing  for  the  pay  of  Loammi  Baldwin  and 
John  Farrer,  JEsquires.     19th  June,  1816. 

Resolved,  That  there  be  paid  out  of  the  Treasury  of  this 


I.  ADAMS— J.  LOW— SECY.— JMwe  19,  1816.      255 

Commonwealth  to  Loammi  Baldwin  and  John  Farrer, 
Esquires,  five  hundred  dollars  to  enable  them  to  ascertain 
the  practicability  of  a  navigable  canal  to  unite  Connecticut 
and  Merrimack  rivers,  agreeable  to  a  resolve  of  twenty-fifth 
day  of  January,  1816,  they  to  be  accountable  for  the  same; 
and  his  Excellency  the  Governor  is  requested  to  draw  his 
warrant  on  the  Treasurer  for  the  same. 


CHAP.  LI. 

Resolve  for  the  pay  of  Isaac  Adams,  Assistant  to  the  Mes- 
senger of  the  Governor  and  Council.     19th  June,  1816. 

Resolved,  That  there  be  allowed  and  paid  out  of  the 
public  Treasury  of  this  Commonwealth  to  Isaac  Adams,  the 
sum  of  two  dollars  and  fifty  cents,  for  each  and  every  day 
he  may  have  been  employed  as  Assistant  to  the  Messenger 
of  the  Grovernor  and  Council,  the  present  session  of  the 
General  Court  ;  and  his  Excellency  the  Governor  is  re- 
quested to  issue  a  warrant  in  favor  of  said  Adams  ac- 
cordingly. 


CHAP.  LIL 

Resolve  for  the  pay  of  John  Low,  junior,   Assistant 

Messenger  of  the  House  of  Representatives, 

19th  June,  1816. 

Resolved,  That  there  be  allowed  and  paid  out  of  the 
Treasury  of  this  Commonwealth,  to  John  Low,  jun.  Assis- 
tant Messenger  of  the  House  of  Representatives,  fifty-five 
dollars  for  his  services  in  that  capacity,  during  the  present 
session  of  the  General  Court. 


CHAP.  LIII. 

Resolve  for  compensating  the  Secretary  for  preparing  for 
press  the  fourth  volume  of  the  Laws  of  this  Common- 
wealth.    19th  June,  1816. 

Resolved,  That  there  be  allowed  and  paid  out  of  the 


256    J.  KUHN— COM.  ON  ACTS— JuMg  19, 1816. 

Treasury  of  this  Commonwealth  to  Alden  Bradford,  Esq, 
Seeretaryof  the  Commonwealth,  one  hundred  and  fifty  dol- 
lars, in  full,  for  his  services  in  preparing  for  the  press  and 
superintending  the  printing  of  the  fourth  volume  of  the 
Laws  of  this  Commonwealth ;  and  his  Excellency  the 
Governor,  with  the  advice  of  Council,  is  hereby  requested 
to  draw  his  warrant  in  favor  of  the  said  Secretary  on  tho 
Treasurer  for  said  sum. 


CHAP.  LIV. 

Mesolve  making  an  addition  to  the  salary  of  Jacob  ICuhiif 
Messenger,  jS350.     19th  June,  18 16. 

Resolved,  That  there  he  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  26th,  1793, 
establishing  the  pay  of  the  Messenger  of  the  General  Court. 


CHAP.  LV. 

Mesolve  for  the  fay  of  Committee  on  accounts, 
19th  June,  1816. 

Mesolvedf  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  attendance  on    that   service   during  the  present 
session,  the  sum  of  one  dollar  per  day,  in  addition  to  their 
pay  as  Members  of  the  Legislature,  viz. 
Hon.  Silas  Holman — nineteen  dollars. 
Hon.  Thomas  Weston — nineteen  dollars. 
James  Robinson — nineteen  dollars. 
Alford  Richardson — nineteen  dollars. 
Daniel  Howard — eighteen  dollars. 


F.  COOK— J.  KUHN.— Jitwe  19,  1816.        257 

Mesolve  authorizing  Francis  Cook  to  convey  by  deed  an 
estate  of  the  late  Benjamin  Walker,     19th  June,  1816. 

On  the  petition  of  Francis  Cook,  of  Billevica,  in  the 
'County  of  Middlesex^  Guardian  to  Benjamin  Walker,  Tim- 
othy Walker,  Sears  Cook  Walker,  Horatio  Walker,  Isaac 
Brewster  Walker,  and  Susanna  Walker,  all  of  Wilmington, 
in  said  county,  minors,  under  the  age  of  twenty-one  years, 
and  children  of  Benjamin  Walker,  Esq.  late  of  said  Wil- 
mington, deceased  ; 

liesolvedy  For  reasons  set  forth  in  said  petition  that  said 
Francis  Cook  be,  and  he  is  hereby  authorized  and  em- 
powered to  sell  and  convey,  and  for  that  purpose  to  make, 
execute  and  deliver  deeds  to  convey  all  the  right,  title,  in- 
terest, claim  and  demands,  of  the  heirs  of  said  Benjamin 
Walker,  which  were  bequeathed  to  the  said  Benjamin  by 
the  last  will  and  testament  of  his  late  father,  Timothy 
Walker,  late  of  said  Wilmington,  Esquire,  deceased  ;  and 
also  all  the  right,  title,  interest,  claim  and  demand  of  James 
Walker,  one  of  the  legatees  and  child  of  the  said  Timothy, 
deceased ;  and  the  proceeds  of  said  sale  to  be  divided  and 
disposed  of  according  to  the  provisions  of  the  will  of  said 
Timothy  :  He,  the  said  Francis  Cook,  first  giving  bonds  to 
the  Judge  of  Probate  for  the  county  of  Middlesex,  for  secur- 
ing to  the  heirs  of  the  said  Benjamin  and  the  said  James 
Walker,  the  proceeds  of  said  sale. 


CHAP.  LVII. 

Mesolve  granting  Jacob  Kuhn  SIOOO  to  purchase  fuel,  S^c, 
for  the  General  Court,     19th  June,  1816. 

Resolved,  That  there  be  paid  out  of  the  Treasury  of  this 
Commonwealth  to  Jacob  Kuhn,  Messenger  of  the  General 
Court,  Xhe  sum  of  one  thousand  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  Govern- 
or and  Council  Chamber,  the  Secretary's,  Treasurer's,  Ad- 
jutant-General's and  Quarter-Master- General's  Offices ;  and 
also  the  Land  Office,  he  to  be  accountable  for  the  expenditure 
of  the  same. 


258    METCALF— MILITIA.  FINES.^Jitwe  19, 1816. 


CHAP.  Lvni. 

Mesolve  to  pay  the  Reporter  of  Contested  Elections. 
19th  June,  1816. 

Mesolved,  That  there  be  allowed  and  paid  out  of  the 
Treasury  of  this  Commonwealth  to  Theron  Metcalf,  Esq. 
Reporter  to  the  House  of  Representatives,  in  cases  of  con- 
tested elections,  in  full  for  his  services  during  the  last  winter 
session  of  the  Legislature,  the  sum  of  one  hundred  and 
twenty-five  dollars ;  and  his  Excellency  the  Governor  is 
hereby  requested  to  draw  his  warrant  on  the  Treasurer  in 
favor  of  the  said  Metcalf  for  that  sum. 


CHAP.  LIX. 

Resolve  for  Militia  Officers  to  pay  over  Fines, 
19th  June,  1816. 

Whereas  by  the  twenty-fourth  section  of  the  act  for  re- 
gulating, governing  and  training  the  militia  of  this  Common- 
wealth, it  is  provided,  that  in  case  of  invasion,  insurrection,, 
or  other  public  danger,  the  militia  shall  be  ordered  out  by 
the  Commander  in  Chief,  and  that  any  person  who  shall 
be  so  ordered  out,  detached,  or  drafted,  and  shall  refuse  or 
neglect  to  obey  said  orders  for  the  space  of  twenty-four 
hours,  shall  pay  a  fine  of  fifty  dollars  to  the  Commanding 
Officer  of  the  company  to  which  he  belongs  ;  such  fines  to 
be  appropriated  to  the  hire  of  other  men  to  complete  the  de- 
tachment.  And  whereas  during  the  late  war,  sundry  fines 
were  received  by  military  officers,  which  have  not  been  ap- 
propriated  agreeably  to  the   provisions  of  the  said  act — 

Therefore  resolved,  That  all  military  officers,  and  other 
persons,  who  may  have  received  any  fines  pursuant  to  the 
provision  of  said  act,  or  who  may  have  any  monies  in  posses- 
sion, received  for  fines  as  aforesaid,  and  which  have  not 
been  appropriated  agreeable  to  said  .act,  shall  be,  and  they 
are  hereby  required  forthwith  to  pay  the  same  into  the 
Treasury  of  this  Commonwealth  ;  and  the  Treasurer  thereof 
is  requested  to  give  a  receipt  therefor  accordingly. 


PxiGE—ASSTS.— ROBINSON.— /itwe  19,  1816.    2^9 


CHAP.  LX. 

Resolve  providing  for  the  pay  of  the  Page  of  the  House  of 
Representatives,     19fcli  June,  1816. 

Resolved^  That  there  be  allowed  and  paid  out  of  the 
Treasury  of  this  Commonwealth,  to  the  Messenger,  to  be 
paid  by  him  over  to  Joseph  Francis,  one  dollar  twenty-five 
cents  per  day,  for  each  day  the  said  Francis  shall  have  at- 
tended as  Page  the  present  session  of  the  General  Court. 


CHAP.  LXI. 

Resolve  granting  pay  to  the  Assistants  to  the  Messenger  of 
the  General  Court.     19th  June,  1816. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  pub- 
lic Treasury  of  this  Commonwealth  to  Warren  Chase, 
Henry  Bacon  and  Lewis  Low,  Assistants  to  the  Messenger 
of  the  General  Court,  fifty  cents  each  per  day  during  the 
present  session  of  the  Legislature,  in  addition  to  the  usual 
allowance  of  two  dollars  per  day. 

CHAP.  LXIL 

Resolve  granting  James  Robinson,  Esq.  S500,/or  expense 

of  a  Well  and  Engine  House,  in  Court-Hoiise  Yard, 

19th  June,  1816. 

Resolved,  That  there  be  paid  to  James  Robinson,  FiSq. 
Agent  for  sinking  a  Well  and  building  an  Engine  House 
near  or  in  the  State  House  Yard,  five  hundred  dollars,  for 
defraying  the  expense  of  the  same  ;  and  that  his  Excellen- 
cy the  Governor  be  requested  to  draw  his  warrant  on  the 
Treasurer  for  the  same,  the  said  James  Robinson  to  be  ac- 
countable for  the  expenditure  of  said  sum. 


SI 


S60        CLKS.— METCALF— MAPS.— Juwe  20,  1816. 


CHAP.  LXIII. 

Resolve  estahlishing  the  fay  of  the  Clerks  in  the  public  of. 
Jices,     SOth  June,  1816. 

Resolved,  That  there  be  allowed  and  paid  out  of  the 
Treasury  of  this  Commonwealth,  to  the  first  Clerk  in  tlie 
Secretary's  OflBce,  also  to  the  first  Clerk  in  the  Treasurer's 
Office,  also  to  the  first  Clerk  in  the  Adjutant -General's  Of- 
fice, fourteen  hundred  dollars  each,  in  full  compensation  for 
their  services  for  one  year,  from  the  fiist  day  of  this  current 
month  of  June  ;  and  likewise  to  each  of  the  other  Clerks 
in  said  Secretary's,  Treasurer's  and  Adjutant-General's  Of- 
fices, and  also  the  Clerk  in  the  Office  of  the  Quarter  Master- 
General,  three  dollars  and  eighty-four  cents  per  day,  for 
each  and  every  day  they  are  respectively  employed  therein 
for  one  year,  commencing  the  said  first  day  of  June  current. 


CHAP.  LXIV. 

Resolve  making  a  grant  to  Theron  Metcalf,  Esq.  Reporter 
of  Decisions  on  Contested  Elections  of  Members  of  the 
House  of  Representatives.     30th  June,  1816. 

Resolved,  That  there  be  allowed  and  paid  out  of  the 
public  Treasury,  to  Theron  Metcalf,  Esq.  the  Reporter  of 
Contested  Elections  for  this  House,  the  sum  of  one  hundred 
and  twenty  five  dollars  for  his  services  during  the  present 
session  of  the  General  Court. 


CHAP.  LXV. 

Resolve  for  distributing  Maps,  ^c.  of  the  District  of  Maine. 
SOthJune,  1816. 

Resolved,  That  the  copies  of  Moses  Greenleaf's  Map 
and  Statistical  View  of  Maine,  subscribed  for  by  the  Secre- 
tary of  the  Commonwealth,  under  a  resolve  passed  January 
27 f  1816,  be  distributed  by  the  said  Secretary  in  the  man- 


H.  &  A.  BANK— REDINGTON—Jitwe  SO,  1816.    S6i 

ner  following,  to  wit :  To  the  Clerk  of  each  town  or  dis- 
trict, and  to  the  Assessors  of  each  plantation  within  the 
State  which  pay  a  State  tax,  one  set  for  the  use  of  each  such 
town,  district  and  plantation  respectively ;  to  the  Clerk  of  the 
Courts  in  eacli  county,  for  the  use  of  the  respective  Courts 
therein  severally,  one  set  each  ;  to  the  Land  Office,  Office, 
of  the  QuarterrMaster-General,  and  of  the  Adjutant-Gene- 
ral, one  set  each  ;  to  the  President  of  the  United  States,  the 
Senate  and  House  of  Representatives  of  the  United  States, 
the  Library  of  Congress,  one  set  each  ;  to  the  University 
at  Cambridge,  to  Williams  and  Bowdoin  Colleges,  to  the 
American  Academy  of  Arts  and  Sciences,  and  to  the  Mas- 
sachusetts Historical  Society,  one  set  each. 

And  he  it  further  resolved,  Tliat  upon  the  death,  resigna- 
tion, or  removal  from  office  of  either  of  the  Clerks  of  the 
aforesaid  towns  or  districts,  the  Assessors  of  said  planta- 
tions, and  the  said  Clerks  of  Courts,  each  of  them  respec- 
tively, his  Executors  and  Administrators  shall  be  holden 
and  obliged  to  deliver  over  the  same  set,  which  shall  have 
been  received  as  afore  provided,  to  his  and  their  successor 
and  successors  in  office  for  the  uses  aforesaid. 


CHAP.  LXVL 

Resolve  Y^vomdiv g  for  the  pay  of  the  Committee  to  examine 
Halloivell  and  Augusta  Bank.     20th  June,  1816. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Trea- 
sury of  this  Commonwealth,  to  James  Bridge,  Esq.  twenty- 
five  dollars  ;  to  Ebenezer  T.  Warren,  Esq.  twenty-five  dol- 
lars ;  and  to  Samuel  Coney,  Esq.  forty  dollars,  in  full  for 
their  respective  services  as  a  Committee,  appointed  at  the  last 
session  of  the  last  General  Court  of  this  Commonwealth,  to 
inquire  into  the  doings  of  the  Hallowell  and  Augusta  Bank, 
and  to  report  thereon.     , 

CHAP.  LXVIL 

Resolve  granting  Samuel  Redington  and  Moses  Greenleaf, 
B 120  each,     20th  June,  1816. 

On  the  petition  of  Samuel  Redington,  who  with  Moses 


262    CLERKS— LT.  GOV.  kc.'-Jime  20,  1816. 

Greenleaf  was  appointed  a  Committee  to  locate  a  road  and 
perform  certain  other  services  pointed  out  in  a  resolve,  pass- 
ed 13th  February,  A.  D.  1816  : 

Resolved,  That  there  be  paid  to  Samuel  Redington  and 
Moses  Greenleaf,  out  of  the  Treasury  of  this  Commonwealth, 
the  sum  of  one  hundred  and  twenty  dollars  each,  on  account 
of  monies  advanced  and  services  performed,  pursuant  to  a 
resolve,  passed  the  13th  February,  A,  D.  18t6,  to  be  ac- 
counted for  by  them  in  the  settlement  of  their  accounts  ;  and 
his  Excellency  the  Governor  is  hereby  requested  to  draw 
his  warrant  on  the  Treasury  therefor  accordingly. 


CHAP.  LXVIII. 

Mesolve  fixing  tJie  pay  of  the   Clerks  of  the   Senate  and 
House  of  Representatives.     SOth  June,  1816. 

Jtesolved,  That  there  be  allowed  and  paid  out  of  the 
Treasury  of  this  Commonwealth,  to  Samuel  F.  McCleary, 
Clerk  of  the  Senate,  and  to  Benjamin  Pollard,  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  Walcutt, 
a  Clerk  in  the  lobbies  for  the  assistance  of  the  Members  of 
the  Legislature,  one  hundred  dollars,  in  full  for  their  servi- 
ces in  said  offices  the  present  session  of  the  General  Court. 


CHAP.  LXIX, 

Mesolve  for  the  pay  of  his  Honor  the  Lieutenant  Governor, 
Secretary  and  Treasurer's  salary.     20th  June,  1816. 


Resolved,    That    there  be  allowed  and  paid   out  of 
'reasury  of  this  Commonwealth,  to  his  Honor  the  Lieul 


th© 
Treasury  of  this  Commonwealth,  to  his  Honor  the  Lieuten- 
ant Governor  thereof,  the  sum  of  five  hundred  thirty-three 
dollars  and  thirty-three  cents,  in  full  for  his  salary  for  one 
year,  from  the  thirty-first  day  of  May  last  past. 

Also  to  Alden  Bradford,  Esq.  Secretary  of  this  Common- 
wealth, the  sum  of  two  thousand  dollars,  as  and  for  his  sal- 
ary for  one  year,  from  the  sixth  day  of  June  instant  j  he  the 


TREASURER— ACTS.—Jttne  20,  1816.      S6S 

said  Secretary  to  be  accountable  for  all  the  fees  of  office  he 
shall  have  received. 

And  likewise  to  John  Trecothic  Apthorp,  Esq.  Treasur- 
er and  Receiver-General  of  said  Commonwealth,  the  sum  of 
two  thousand  dollars,  as  and  for  his  salary  for  one  year, 
from  the  sixth  day  of  June  current ;  and  that  all  the  afore- 
said salaries  be  paid  quarterly  as  they  shall  become  due. 


CHAP.  LXX. 

Resolve  authorizing  the  Treasurer  to  harrow  money, 
20th  June,  1816. 

Resolved,  That  the  Treasurer  of  this  Commonwealth  be, 
and  he  hereby  is  autliorized  and  directed  to  borrow  of  any 
of  the  Banks  in  Massachusetts  Proper,  in  addition  to  the 
sum  now  borrowed,  any  sum  not  exceeding  one  hundred 
thousand  dollars,  that  may  at  any  time  within  the  present 
year  be  necessary  for  the  payment  of  the  ordinary  demands 
made  on  the  Treasury  ;  and  that  he  repay  any  sum  he  may 
borrow,  as  soon  as  money  sufficient  for  that  purpose,  and 
not  otherwise  appropriated,  shall  be  received  into  the 
Treasury. 


LXXI. 

Resolve  for  the  distribution  of  the  acts  for  the  separation  of 
Maine.     20th  June,  1816. 

Resolved,  That  the  Secretary  of  this  Commonwealth  be 
directed  to  cause  to  be  printed  two  thousand  copies  of  the 
Report  of  the  Committee  on  the  subject  of  the  separation  of 
the  District  of  Maine  from  Massachusetts  Proper,  and  the 
Act  which  has  passed  the  present  session  in  relation  thereto, 
and  have  the  same  forwarded,  as  soon  may  be,  to  the  Slier- 
iifs  of  the  several  counties  in  the  District  of  Maine,  in  the 
proportion  following,  viz.  :  The  county  of  York  shall  be 
entitled  to  receive  three  hundred  and  fifty  copies  ;  the  coun- 
ty of  Lincoln,  three  hundred  and  fifty  ;  the  county  of  Cum- 
berland, three  hundred  and  fifty  ;  the  county  of  Hancock, 


S64:     COMMUN.  OF  TREASURER.— Jitwe  20,  1816. 

two  hundred  and  twenty  :  the  county  of  Washington,  one 
hundred  ;  the  county  of  Kennebec,  two  hundred  and  fifty  ; 
the  county  of  Somerset,  one  hundred  and  twenty  ;  the  coun- 
ty of  Oxford,  one  hundred  and  fifty  ;  the  county  of  Penob- 
scot, one  hundred  and  ten.  And  it  shall  be  the  duty  of  the 
several  Sheriffs  of  the  counties  aforesaid  respectively,  im- 
mediately on  receipt  thereof,  to  distribute  the  said  report  and 
act,  among  the  several  towns  and  plantations  within  their 
respective  counties,  as  near  as  may  be,  in  proportion  to  their 
population  :  Provided  every  town  and  plantation  shall  at 
least  have  one  copy  ;  and  it  shall  be  the  duty  of  the  Select- 
men of  the  several  towns,  and  the  Assessors  of  the  several 
plantations  in  said  District,  at  the  meetings  to  be  called  on 
the  first  Monday  in  September  next,  in  pursuance  of  said  act, 
to  cause  the  same,  together  with  the  said  report,  to  be  read 
at  the  opening  of  their  respective  meetings  on  the  said  day. 


CHAP.  LXXTI. 

Resolve  on  the  Treasurer's  Communication. 
SOth  June,  1816. 

Kesolvedf  That  the  Treasurer  of  this  Commonwealth  be, 
and  he  hereby  is  authorized  to  receive  the  amount  now  due 
to  this  Commonwealth  for  interest  and  reimbursement  of 
principal,  on  the  debt  due  from  the  United  States  to  this 
State,  for  the  quarters  ending  December  31,  IBl^,  and  March 
31,  1815,  in  such  manner  as  he  shall  think  best,  under  the 
direction  of  the  Governor  and  Council,  and  for  this  purpose 
to  substitute  any  person  or  persons  to  receive  the  same  in 
behalf  of  this  Commonwealth  :  Provided  however,  that  on 
such  part  of  the  stock  as  has  been  assigned  to  the  Pre- 
sident, Directors  and  Company  of  the  Boston  Dank,  the 
said  interest  and  reimbursement  shall  not  be  received  with- 
out  the  consent  of  the  Directors  of  that  Corporation  first  ob- 
tained in  writing. 

Resolved,  That  in  case  such  payment  of  interest  and  re- 
imbursement of  principal  on  the  stock  now  belonging  to  the 
State,  shall  be  made  in  treasury  notes,  the  Treasurer  be, 
anel  hereby  is  authorized  to  fund  the  same,  or  to  sell  such 
notes  ;  in  wliich  latter  case,  such  sum  as  shall  arise  from 
reimbursement  of  principal,  shall  be  immediately  applied  to 


E.  S.  CURTIS— COMMISSON.—Jzfrie  20,  1816.     26d 

the  reduction,  by  purchase  or  otherwise,  of  the  principal  of 
the  public  debt  of  this  Commonwealth. 

Resolved,  *rhat  the  Treasurer  of  this  Commonwealth  be, 
and  he  hereby  is  directed,  on  receiving  any  future  reim- 
bursement of  principal  of  the  debt  due  from  the  United 
States  to  this  Commonwealth,  if  in  treasury  notes,  to  fund 
or  sell  the  same,  and  if  sold,  or  if  received  in  cash,  imme- 
diately to  appropriate  the  amount  received  to  reduce,  by 
purchase  or  otherwise,  the  principal  of  the  State  debt^ 


CHAP.  LXXIII. 

Resolve  on  the  ijetition  of  E.  S.  Curtis.     20th  June,  1816. 

On  the  petition  of  Elijah  S.  Curtis, 

Resolvedf  That  the  sum  now  charged  against  him  by  the 
Warden  of  the  State  Prison,  for  the  use  of  the  convicts,  be 
remitted  ;  and  that  the  Directors  of  that  institution  be  au- 
thorized and  required  to  allow  said  Curtis  the  labor  of 
twenty  convicts  for  fifty  working  days  :  Provided,  he  estab- 
lish and  carry  on  the  manufactory  of  brushes  as  heretofore  ; 
which  is  to  be  in  full  remuneration  for  the  property  destroy, 
ed,  as  set  forth  in  his  petition. 

LXXIV. 

Resolve  directing  the  Commissioners  on  Eastern  Lands  to 
suspend  their  business.     SOth  .Tune,  1816. 

Resolved,  That  the  Commissioners  appointed  by  virtue  of 
an  act  passed  at  the  last  session  of  the  last  General  Court. 
entitled,  "An  act  for  promoting  the  sale  and  settlement  of  the 
public  lands  in  the  District  of  Maine,"  be,  and  they  are 
hereby  directed  to  suspend  all  proceedings  under  their 
commission,  until  the  next  session  of  the  present  General 
Court,  any  thing  in  the  aforesaid  act  to  the  contrary  notwith- 
standing. 


ROLL  No.  75....June,  1816, 

The  Committee  on  Accounts,  haviug  examined  tbe  several 
accounts  they  now  present, 

REPOKT.  That  there  are  now  due  to  the  Corporations, 
and  persons  hereafter  mentioned,  the  sums  set  to  their  names 
respectively  :  which,  when  allowed  and  paid,  will  be  in 
full  dischar2;e  of  the  said  accounts,  to  the  several  dates  there- 
in mentioned  :  which  is  respectfully  submitted. 

SILAS  HOLMAN,  fer  order. 
PAUPER  ACCOUJS^TS. 

Abin£;ton,  for  board  and  clothing  Thomas  Sey- 
more,  to  5th  June,  1816, 

Ashhurnhara.  for  supplies  to  Sukey  Franklin,  to 
1st  ^laich,  1816, 

Adams,  for  board,  clothing  and  doctoring  sundry 
paupers,  to  22d  May,  1816, 

Adams,  Samuel,  for  doctoring  sundry  prisoners, 
confined  in  Wiscasset  for  criminal  offences,  to 
6th  June,  1816, 

Augusta,  for  board,  clothing  and  doctoring  sundry 
paupers,  to  20th  May,  1816, 

Baruardston,  for  board,  nursing  and  doctoring  Oli- 
ver Stephens,  till  his  death,  15th  March,  1816, 

Blandford,  for  board  and  clothing  Samuel  Walk- 
er, to  1st  May,  i8l6, 

Baldwin,  for  support  of  Daniel  Hickey,  to  1st 
May,  1816, 

Boxborough,  for  board  and  clothing  John  McKoy, 
to  2M  May,  1816, 

Belgrade,  for  board,  nursing  and  doctoring  Abi- 
gail Odlin,  to  20th  May,  1816, 

Brookfield,  for  board,  clothing  and  doctoring  Jo- 
nas Binton,  and  Abigail  Severance,  to  2d  May, 
1816,  80  90 


i 


B2 

08 

15 

34 

96  25 

25  00 

97 

50 

43 

18 

97 

00 

22  35 

66  42 

35 

66 

PAUPER  ACCOUNTS.  867 

Belehertown,  for  board  and  clothing  sundry  pau- 

pers,  to  1st  June,  181G,  89  83 

Bridgevvater,  for  board  and  clothing  sundry  pau- 
pers, to  3d  June,  18 16,  7S  60 

Bedford,  for  board,  nursing  and  doctoring  Daniel 

McCarter,  to  22d  May,  I8I6,  83  50 

Beverly,  for  board  and  clothing  sundry  paupers, 

to  1st  June,  1816,  145  94 

Bellingham,  for  board  and  clothing  Nathan  Free- 
man and  wife,  to  1st  May,  1816,  108  21 

Belfast,  for  board  and  clothing  the  wife  and  chil- 
dren of  Robert  Rogers,  to  1st  April,  1816,  83  50 

Bradford,  Samuel,  keeper  of  the  gaol  in  Boston, 
for  support  of  sundry  poor  prisoners,  to  24th 
May,  1816,  343  Q2 

Bristol,  for  board  and  clothing  William  How,  to 

20th  May,  1816,  67  20 

Bath,  for  board,  doctoring  and  nursing  John  Sin- 
clair, till  his  death,  and  funeral  charges,  27th 
February,  1816,  19 1  45 

Board  of  Health,  Boston,  for  support  of  sundry 
paupers  with  small  pox,  at  Rainsford  Island,  to 
&th  June,  1816,  72  00 

Boston,  for  board  and  clothing  sundry  paupers,  to 

1st  June,  1816,  75S9  55 

Conway,  for  board,  doctoring  and  nursing  Hannah 

McNeil,  to  23d  May,  1816,  72  69 

Cheshire,  for  board,  clothing  and  doctoring  sundry 

paupers,  to  23d  May,  1816,  407  39 

Cushing,  for  support  of  James  Walker  and  Peggy 

Rowley,  to  20th  May,  1816,  "        54  00 

Chesterfield,  for  support  of  Adam  Hamilton,  Ra- 
chel Policy  and  Thomas  Thompson,  to  1st  May, 
1816,  86  91? 

Colraiu,  for  board,  clothing  and  doctoring  Rachel 

Hines  and  Sally  Leominer,  to  24th  May,  1816,       87  17 

Cape  Elizabeth,   for  board  and    clothing  James 

Ramsbottom,  to  26th  May,  1816,  31  29 

Carlisle,  for  board  and  clothing  Robert  Barber, 

to  26th  May,  1816,  24  67 

Carver,  for  board  and  clothing;  Martin  Grady,  to 

1st  January,  1816,  134  40 


368  PAUPER  ACCOUNTS. 

Concortl,  for  board,  clothing  and  doctoring  George 

Black  and  Mary  Morton,  to  31st  Marcli,  1816,       38  4S 

Camden,  for  board  and  clothing  Joseph  Bloom,  to 

5th  June,  1816,  S7  40 

Dartmouth,  for  board;,  clothing  and  doctoring  sun- 
dry paupers,  to  20th  May,  1816,  86  10 

Durham,  for  board  and  clothing  sundry  paupers, 

to  1st  January,  1816,  331  30 

Dunstable,  for  board,  doctoring  and  nursing  Jonas 
French,  till  his  death,  i  st  June,  1816,  and  funeral 
charges  .  133  OQ 

Danvers,  for  board  and  clothing  sundry  paupers, 

to  4th  June,  1816,  588  IS 

Elliot,  for  board  and  clothing  Jacob  Brewer  and 

Abigail  Randal,  to  the  8d  June,  1816,  49  68 

Egremont,  for  board  and  clothing  Abraham  Row, 

till  his  death,  6th  April,  1816,  48  50 

Enfield,   for  support   of  William  Rice  to   25th 

May,  J  81 6,  36  72 

Edgartown,    for   board    and    clothing    Anthony 

Chadvvick,  to  27th  May,  1816,  69  23 

Friendship,  for  board  and  clothing  James  Metcalf, 

and  Martha  Bickman,  to  3d  June,  1816,  72  09 

Franklin,  for  board  and  clothing  Thomas  Barre, 

to  2d  June,  1816,  110  00 

Foxborough,  for  board,  doctoring  and  nursing  Ja- 
cob Coats,  to  10th  June,  1816,  89  00 

Gill,  for  board,  clothing,   doctoring  and  nursing 

sundry  paupers,  to  25th  May,  1816,  175  78 

Gorham,  for  support  of  Robert  Gillfilling,  to  1st 

June,  1816,  25  92 

Guardians  of  Dudley  Indians,  for  amount  due  them 
1st  May,  1816,  which  sum  the  Treasurer  is  di- 
rected to  charge  said  Indians,  and  deduct  the 
same  from  the  sum  due  them  from  the  Com- 
monwealth, 25th,  1816,  153  27 

Granville,  for  board,  clothing  and  doctoring  George 

Taylor,  to  27th  May,  1816,  27  14 

Gloucester,  for  board  and  clothing  sundry  paupers, 

to  10th  May,  1816,  1026  50 

Greenwich,  for  board  and  clothing  sundry  paupers, 

to  25th  May,  1816,  46  31 


PAUPER  ACCOUNTS.  S69 

Holland,  for  board  and  clothing  Jonathan  Hill,  to 

16th  February,  1816,  78  52 

Hardwick,  for  board  and  clothing  Hannah  Mor- 
gan, to  1st  June,  1816,  45  88 

Hallo  well,  for  board,  clothing  and  doctoring  sun- 
dry paupers,  to  3d  June,  1816,  196  Qi 

Hodgkins,  Joseph,  keeper  of  the  house  of  correc- 
tion in  the  county  of  Essex,  for  support  of  sun- 
dry insane  persons  (including  allowance  by  the 
Court  of  Sessions)  to  6th  June,  1816,  363  80 

Hamilton,  for  the  support  of  Mary  Moncrief,  to 

5tb  April,  1816,  90  78 

Kingston,  for  board  of  two  children  of  Elizabeth 

Renney,  to  S5th  May,  1816,  23  45 

Lanesborough,  for  board  and  clothing  sundry  pau- 
pers, to  1st  June,  1816,  207  44 

Lenox,  for  board  and  clothing  sundry  paupers,  to 

34th,  1816,  68  90 

Lee,  for  board,  clothing  and  doctoring  sundry  pau- 
pers, to  29th  May,  1816,  216  00 

Littleton,  for  board  and  clothing  John  Putnam,  to 

3d  June,  1816,  62  44 

Ley  den,  for  board  and  clothing  sundry  paupers, 

to  25th  May,  1816,  57  95 

Millbury,  for  board  and  nursing  James  F.  Still, 

to  18th  May,  1816,  64  25 

Middleborough,  for  board  and  clothing  John  Fitz- 
gerald and  Betsy  White,  to  1st  Apnl,  1816,  27  53 

Marshfield,  for  board  and  clothing  Samuel  Holmes, 

to  20th  May,  1816,  61  58 

Machias,  for  board  and  clothing  Antliony  Pepper 

and  Moses  Wheaton,  to  1st  June,  1816,  54  66 

Mavblehead,  for  board  and  clothing  sundry  pau- 
pers, to  30th  May,  1816,  215  84 

Merrell,  John,    for  doctoring  sundry  prisoners  in 

gaol,  at  Partland,  to  26th  May,  1816,  32  50 

Manchester,  for  board    and    clothing    Abraliam 

Gloss,  to  6th  April,  1816,  55  00 

Montague,  for  support  of  Joshua  Searle,  till  his 

death,  February,  1816,  28  42 

Norwich,  for  support  of  Rhoda  Shoades,  till  her 

death  and  funeral  charges,  128  85 


sro  PAUPER  ACCOUNTS. 

Newry,  for  board  and  clothing  "William  Biirk,  to 

20th  May,  1816,  25  93 

Newbury,  for  board  and  clothing  sundry  paupers, 

to  1st  June,  1816,  986  51 

New-Castle,  for  board  and  clothing  William  Coch- 
ran, to  1st  April,  1816,  and  Florentine  Lang- 
ton,  till  his  death,  and  funeral  charges,  59  55 

Kcw'-Salcm,  for  board,    clothing   and   doctoring 

Philip  llavcn,  to  1st  April,  1816,  81  15 

North  Yarmoutb,  for  board,  clothing,  doctoring 
and  musing  William  Matthews,  till  his  death, 
and  funeral  charges,  September,  1816,  43  51 

Northfield,  for  support  of  Amos  Riley,  to  2Mh 

May,  1816,  19  80 

Newburyport,  for  board  and  clothing  sundry  pau- 
pers, to  1st  June,  1816,  1291  46 

Northampton,  for  board  and  clothing  sundry  pau- 
pers, to  6th  May,  1816,  148  33 

Nantucket,  for  board,  clothing,  doctoring  and  nur- 
sing sundry  paupers,  to  27th  May,  1816,  360  00 

New-Bedford,  for  support  of  sundry  paupers,  to 

30th  March,  1816,  483  69 

Peru,  for  board  of  James  Robbins,  to  20th  May, 

1816,  19  80 

Plymouth,  for  board  and  clothing  sundry  paupers, 

to  2d  June,  1816,  371  08 

Prospect,  for  board  and  clothing  Anne  Haynes 

and  Lydia  Hayes,  to  8th  May,  1816,  118  10 

Pittsfield,  for  board,  clothing  and  doctoring  sun- 
dry paupers,  to  31st  May,  18l6,  339  67 

Phipsburgh,  for  supplies  to  Jacob  Wheeler,  to 

1st  June,  1816,  I7  00 

Portland,  for  board  and  clothing  sundry  paupers, 

to  1st  Juue,  1816,  1591  73 

Readfield,  for  board,  clothing  and  doctoring  Ed- 
ward Rurges,  and  Collin  ('ameron,  to  25th  A- 
pril,  1816,  118  84 

Russell,  for  board  and  clothing  John  Baker  and 

wife,  to  1st  June,  1816,  49  00 

Rutland,  for  board  and  clothing  William  Hender- 

son,  to  27th  May,  1816,  29  56 


PAUPER  ACCOUNTS.  27* 

lliehmond,  for  board,  clothing  and  doctoring  Tho- 
mas Rowley  and  Samuel  llill,  to  24th  May, 
1816,  52  26 

Rowley,  for  board,  clothing,  doctoring  and  nur- 
sing Ellen  Collins  and  Benning  Dow,  S^th 
May,  1816,  60  90 

Roxbury,  for  board  and  clothing  sundry  paupers, 

to  3d  June,  181 6,  339  80 

St.  George,  for  board  and  clothing  Robert  Hewes 
and  Luke  Keally,  to  26th  May,  1816,  inelud- 
ing  funeral  charges  of  Keally,  59  90 

Starks,  for  supplies  to  Robert  Arnold,  to  2§d  May, 

1816,  37  4fT 

Somerset,  for  support  of  William  Elliot,  to  1st 
June,  1816,  20  00 

Svvansey,  for  board  and  clothing  Garret  Barnes 

and  James  Garrett,  to  25th  May,  1816,  47  50 

Sturbridge,  for  board,  clothing  and  doctoring  Lon- 
don Derry,  to  16th  May,  1816,  27  53 

Southwick,  for  support  of  George  Reed,  to  1st 
June,  1816,  95  41 

South   Berwick,  for  board  and  clothing  Lemuel 

Woodsworth,  to  4th  June,  1816,  30  00 

Sutton,  for  board  and  clothing  Isabella  Santee's 
five  children,  to  1st  June,  1816,  60  20 

Sandisfield,  for  board  of  Richard  Dickson  and 

wife,  to  22dMay,  1816,  16  00 

Sandwich,  for  board,  clothing  and  doctoring  Ricli- 
ard  Crouch  and  Rebecca  Simonds,  to  2d 
June,  1816,  59  33 

South  Reading,  for  support  of  Thomas  Jackson, 

to  10th  May,  1816,  94  go 

Scituate,  for  board  and  supplies,  to  sundry  pau- 
pers, to  25th  March,  1816,  48  96 

Springfield,  for  support  of  sundry  paupers,  to  9th 

January,  1816,  qi  gj 

Salem,  for  board  and  clothing  sundry  paupers,  to 

3d  June,  1816,  1^99  3^ 

Simonds,  Caleb,  keeper  of  the  gaol  in  Concord, 
for  support  of  sundry  poor  prisoners,  confined 
for  debt,  to  June,  1810,  91  50 

Shirley,  for  board  and  clothing  William  Shearer, 
to  29th  May,   1816,  93  qq 


87^  PAUPER  ACCOUNTS. 

Turner,  for  board  and  clothing  William  G.  Mar- 
tin, to  1st  May,  1816,  54)  00 

Uxbridge,  for  support  of  sundry  paupers,  to  28tU 

May,  1816,  79  ly 

Upton,  for  board  and  clothing  Elbridge  G.  Farrar, 

to  May,  1816,  S8  40 

Vassalborough,  for  board  and  clothing  Abigail 
Fairbrother  and  George  Fellows,  to  Slst  May, 
1816,  64  50 

"Wellington,  for  support  of  Kate  Butler,  to  1st 

June,  1816,  29  25 

Wesifield,  for  board  and  doctoring  John  Baker, 

to  29th  May,  1816,  23  80 

West  Springfield,  for  board,  clothing  and  doctor- 
ing sundry  paupers,  to  Mth  May,  1816,  90  22 

Windsor,  for  boarding  and  clothing  Rachel  Smith, 

to  28th  May,  1816,  ^  20  05 

Ward,  for  supplies  to  Francis  Savage,  to  27th 

May,  1816,  36  29 

Williamstown,  for  board,  clothing  and  doctoring 

sundry  paupers,  to  22d  May,  1816,  2^3  05 

Walpole,  for  board  and  clothing  sundry  paupers, 

to  24th  May,  1816,  58  70 

Washington,  for  board   and  doctoring   Sylvester 

Edwards,  to  23d  May,  1816,  34  25 

Worcester,  for  board  and  clothing  sundry  paupers, 

to  1st  June,  1810,  130  26 

Westbrook,  for  support  of  John   Burns,  to  9th 

May,  1816,  64  80 

Waldoborough,  for  board,  clothing,  doctoring  and 
nursing  Phillip  Haudell,  to  6tli  June,  1816,  and 
John  Handell,  till  his  death,  134  22 

Wayne,  for  support  of  Joseph  Richards  and  wife, 

to  20th  May,  IS  10,  127  43 

Westhampton,  for  board  and  clothing  John  Gay 

and  wife,  to  23th  May,  1816,  121  33 

Wilton,  for  board,  doctoring  and  nursing  Esther 

Coombs,  till  her  death,  68  31 

Western,  for  board  and  clothing  Eliza  Trim,  to 

25th  May,  1816,  23  40 


MILITARY  ACCOUNTS.  273 

York,  for  board  and  clothing  sundry  paupers,  to 

Ist  June,  1816,  175  95 

26,249  58. 
MILITARY  ACCOUNTS. 

Courts  Martial,  and  Courts  of  Inquiry,  - 

Page,  Samuel,  for  the  expense  of  a  Court  Martial, 
held  at  Nobleborough,  in  August,  1814,  where- 
of Colonel  Erastus  Foot  was  President,  94  77 

Page,  Samuel,  for  the  expense  of  a  Court  of  Inqui- 
ry, held  at  Nobleborough,  in  July,  1814,  where- 
of Major  Isaac  G.  Reed  was  President,  29  64 

Fogg,  Simon,  for  the  expense  of  a  Court  Martial, 
held  at  Limerick,  County  of  York,  in  July, 
1815,  whereof  Colonel  Daniel  Lewis  was  Pre- 
sident, 141  65 

Allen,  Samuel,  jun.  for  the  expense  of  a  Court 
Martial,  held  at  Worcester,  in  March,  1816, 
whereof  Colonel  Henry  Sargent  was  President,       7^  ^2 

King,  C.  James,  for  the  expense  of  two  Courts 
Martial,  held  at  Salem,  in  January  and  Febru- 
ary, 1816,  whereof  Colonel  James  Appleton  was 
President,  318  31 

Allen,  James,  for  the  expense  of  a  Conrt  Mar- 
tial, held  at  Bridgewater,  in  May,  18l6,  where- 
of General  Benjamin  Lincoln  was  President,         SI 9  00 

Mattoon,  Ebenezer,  Adjutant- General,  for  the  ex- 
pense of  a  General  Court  Martial,  held  at  Ded- 
ham,  in  March,  1816,  General  Nathaniel  Aus. 
tin,  President,  386  44 

Mattoon,  Ebenezer,  Adjutant-General,  for  the  ex- 
pense of  a  General  Court  Martial,  held  at  Sa- 
lem, in  March,  1816,  General  Arnold  Welles, 
President,  374  53 

Mattoon,  Ebenezer,  Adjutant-General,  for  the  ex- 
pense of  a  General  Court  Martial,  held  at  Lan- 
caster, in  March,  1816,  General  Jacob  Bliss, 
President,  336  08 


%74i  MILITARY  ACCOUNTS 

Mattoon,  Ebeiiezer,  Adjutant-General,  for  the  ex- 
pense of  a  General  Court  Martial,  held  at  Bueks- 
town  and  Bangor,  in  March,  1816,  General  Al- 
ford  Jtiicliardson,  President,  2463  41 


Brigade -Majors  and  Aids-de-Cariijp. 

Allen,  jun.  Samuel,  to  S9th  May,  1816, 
Clap,  Ebenezer,  to  7th  February,  1815. 
Dutch,  Ebenezer,  to  1st  June,  1816, 
Mattoon,  Ebenezer,  jun.  to  11th  May,  18l6, 
Mitchell,  Daniel,  to  8th  May,  1816, 
Starr,  James,  jun.  to  1st  January,  1816, 
Thatcher,  George,  to  1st  September,  1815, 


Brigade-  (fiiarter-Masters* 


Adjutants. 


4439  06 


66  4;7 

43  05 

Q7   68 

10  00 

26  50 

53  46 

24  60 

289  74 


Butterfield,  Joseph,  to  1st  October,  1815,  44  75 

Scott,  John,  to  1st  October,  1815,  14  80 

Thomas,  Nathaniel,  to  1st  October,  1815,  8  85 


68  40 


Arms,  George,  to  22d  September,  1815,  33  73 

Adams,  Charles,  to  8th  April,  1816,  25  63 

Adams,  Thomas,  to  1st  January,  1816,  110  9() 

Bray,  Oliver,  to  13th  September,  1815,  16  02 

Bradley,  jun.  Enoch,  to  8th  Match,  1816,  16  95 

Clark,  Gilbert,  to  20th  April,  1816,  16  38 

Champney,  John,  to  29th  May,  1816,  55  30 

Chase,  L.  Thomas,  to  8th  April,  1816,  14  35 

Dean,  Josiah,  to  19th  September,  1815,  18  89 

Fairfield,  Jotham   to  20th  April,  1816,  36  54 

Gilmore,  liufus,  to  5th  September,  1815,  17  45 

Grennell,  George,  to  26th  July,  1815,  36  45 

Gilbreath,  John,  to  26th  April,  1816,  l9  35 

Hudson,  ii.  John,  to  4th  June,  1816,  19  70 


MILITARY  ACCOUNTS.  S75 

Heald,  jun.  Josiah,  to  2d  February,  1816,  18  00 

Jewett,  Jesse,  to  15tli  January,  1816,  25  78 

Keith,  Cyrus,  to  1st  June,  1816,  33  45 

Knight,  Jonathan,  to  17th  March,  1816,  8  47 

Keith,  Joseph,  to  ISth  January,  1816,  29  21 

Needham,  Joseph,  to  22d  May,  1816,  23  33 

Lewis,  Philo,  to  7th  June,  18l6,  28  39 

Ruggles,  Brigham,  to  4th  April,  1816,  4  43 

Rice,  Alvin,  to  1st  September  ,  185,  18  52 

Richardson,  Wyman,  to  11th  April,  1816,  2^  25 

Sever,  James,  to  7th  March,  1816,  31  50 

Shattuck.  Daniel,  to  17th  September,  1815,  45  63 

Sayles,  Richard,  to  4th  June,  1816,  17  18 

Sayles,  Willard,  to  1st  June,  1816,  52  37 

Scammon,  F.  John,  to  22d  May,  1816,  11  86 

Tainter,  Harvey,  to  30th  January,  1816,  11  19 

Thompson,  Charles,  to  21st  May,  1816,  80  69 

Worthington,  Gad,  to  22d  May,  181 6,  27  47 

Wyles,  John,  to  15th  May,  1816,  13  63 

Wilder,  David,  to  5th  April,  1816,  20  43 

Wild,  Jonathan,  jun.  to  17th  May,  1816,  194  16 

Valentine,  Lynde,  to  1st  September,  1815,  7  33 


1153  97 


Expenses  for  Horses  to  haul  Jlrtillery, 


Acock,  William,  to  7th  October,  1815,  5  00 

Bicknell,  Nathaniel,  to  28th  October,  1815,  7  ^0 

Barron,  Isaac,  to  6th  October,  1815,  13  50 

Hixon,  Richartl,  to  20th  October,  1815,  4  92 

Kelly,  Sylvanus,  to  12th  October,  1S15,  5  00 

Ladd,  G.  Samuel,  to  12th  September,  1815,  6  25 

Lane,  David,  to  12th  April,  1816,  7  50 

Phelps,  Julias,  to  14th  October,  1815,  5  00 

Ruggles,  David,  to  12th  October,  1815,  ^  4  92 

Mayhew,  Frederick,  to  iOth  October,  1815,  7  ^0 

66  09 


63 


376      SHliiRIFFS  AND  CORONERS'  ACCOUNTS 


Courts  Martial,  &c. 

4439  06 

Brigade -Majors,  &c. 

S89  74 

Adjutants, 

1153  97 

Expenses  for  Artillery  Horses, 

66  09 

Total  Military,        6017  S6 
SHERIFFS  AJVl)  COROjYERS'  ACCOUNTS. 

Cooper,  John,  Sheriff  of  Washington,  for  return- 
iiie;  votes  for  Governor,  Lieutenant-Grovernor 
and  Senators,  April,  1810,  28  00 

Gardner,  Latham,  Coroner  for  Nantucket,  for  in- 
quisition and  expenses  in  burying  a  stranger, 
November,  1815,  ^  15 

Hoyt,  Epaphras,  Sheriff  of  Franklin,  for  return- 
ins:  votes  for  Governor,  Lieutenant-Governor 
and  Senators,  April,  1810,  7  60 

Johnson,  Jotham,  Coroner  for  Middlesex,  for  in- 
quisition and  expenses  in  burying  a  stranger, 
October,  1815,  36  30 

Mattoon,  Ebenezer,  Sheriff  of  Hampshire,  for  re- 
turning votes  for  Governor,  Lieutenant-Gov- 
ernor and  Senators,  April,  1816,  7  20 

Richardson,  Amasa,  Coroner  for  Norfolk,  for  in- 
quisition and  expenses  in  burying  a  stranger. 
May,  1816,  25  00 

Thatcher,  Samuel,  Sheriff  of  Lincoln,  for  return- 
ing votes  for  Governor,  Lieutenant-Governor 
and  Senators,  April,  1816,  i5  20 

Watson,  George,  Sheriff  of  Hancock,  for  return- 
ing votes  for  Governor,  Lieutenant-Governor 
and  Senators,  April,  1816,  20  00 

Parker,  Jacob,  L.  Coroner  for  Middlesex  County,      SI  00 


Total  Sheriffs  and  Coroners,     181  45 

FRLVTERS'  ACCOUJ^TS. 

Adams  &  Rhoades,  for  publishing  Resolve  of  the 
General  Court,  by  order  of  the  Secretary,  A- 
pril,  1816,  %  00 


MISCELLANEOUS  ACCOUNTS.  277 

Allen,  Abel,  D.  for  pruitiug  for  the  Government, 
June,  1816, 

Clapp,  William,  for  publishing  Acts  and  Resolves, 
to  July,  1816, 

Cashing,  Thomas,  for  publishing  Acts  and  Re- 
solves, to  June,  181 6, 

Dickman,  Thomas,  for  publishing  Acts  and  Re- 
solves, to  April,  1816, 

Edes,  Peter,  for  publishing  Acts  and  Resolves,  to 
1st  July,  1816, 

Lindsey,  Benjamin,  for  publishing  Acts  and  Re- 
solves, to  May,  1816, 

Manning,  William,  for  publishing  a  Resolve  of 
General  Court,  per  order  of  the  Secretary,  A- 
pril,  1816, 

Shirley,  A.  &  J.  for  publishing  Acts  and  Re- 
solves, for  the  year  1815, 

Tileston  ^  Weld,  for  printing  for  the  Agricultu- 
ral Society,  June,  1816, 

Russell,  Renjamin  &  Co.  for  printing  for  the  Go- 
vernment, to  18th  June,  1816, 

Total  Printers,         3738  35 

MISCELLAJVEOUS  AGCOUJ^TS. 

Agricultural  Society,  for  sundry  expenses  in  rai- 
sing seeds,  plants,  and  by  experiments  made  by 
said  Society  in  the  public  Grarden  at  Cambridge, 
under  the  direction  of  W.  D.  Peck,  1815,  636  06 

Austin,  Richard,  for  setting  glass  in  State  House,         1  50 

Apthorp,  J.  T.  for  cash  paid  Robert  Lash,  for 

quills  for  use  of  government,  June  18th,  1816,         S5  00 

Bacon,  Henry,  for  assisting  the  Messenger  of  the 

General  Court,  to  19th  June,  1816,  46  00 

Burditt,  James,  W.  for  Stationary  furnished  the 

Government,  to  7th  June,  1816,  129  5Q 

Bradley,  Josiah,  for  Oil  for  the  use  of  the  Govern- 
ment, to  5th  June,  1816,  157  95 

Ballard,    J.  &  J.  for  Carpeting,    &c.   for    State 

House,  June,  1816,  S93  00 


26 

00 

18 

00 

16  67 

18  17 

10  67 

16 

67 

3 

00 

18  67 

490 

00 

3413 

50 

^7S  MISCELLANEOUf!^  ACCOUNTS. 

Boston  Board  of  Health,  for  sundry  repairs  on 
the  schooner  Trimmer,  belonging  to  the  Com- 
monwealth, 1st  June,  1816,  191  9S 

Chase,  A\  arren,  for  assisting  the  Messenger  of  the 

General  Court,  to  19th  June,  1816,  46  00 

Durant,  William,  for  Glazier's  bill,  and  cleaning 

windows  of  State  House,  to  June,  1816,  41  00 

Hunewell,  Jonathan,   for  repairing    State-House 

Yard,  &e   June,  1816,  673  17 

Kuhn,  Jacob,  for  balance  due  him  on  17th  June, 
1816,  over  and  above  the  several  grants  made 
by  the  General  Court,  of  14th  June,  1815,  and 
1 2tl)  J  anuary,  1816,  82  43 

Lincoln,  Amos,  for  sundry  repairs   on  the  State 

House,  to  May,  1816,  57  25 

Loring,  Josiah,  for  Stationary  furnished  the  Go- 
vernment, to  June  14th,  181 6,  \22  41 

Low,  Lewis,  for  assisting  the  Messenger  of  the 

General  Court,  to  19th  June,  1816,  46  00 

Thompson,  James,  for  Iron  Work  for  the  State 

House,  to  5th  June,  1816,  158  65 

Tufts,  Charles,  for  Bricks  supplied  the  Govern- 
ment, May,  1816,  105  00 

W^hitney,    Jonathan,  for  Lime,  Sand  and  Stone, 

June,  1816,  246  66 


Total  Miscellaneous,         3059  56 

Aggregate  of  Roll  JVo.  75.     , 

Expense  of  State  Paupers,  26,249  58 

Do.      of  Militia,  6,017  26 

Do.      of  Sheriffs  and  Coroners,  181  45 

Do.      of  Printers,  3,738  35 

Do.      of  Miscellaneous,  3,059  56 


39,246  20 


Sesnlvedf  That  there  be  allowed  and  paid  out  of  the  pub- 
lie  Treasury  to  the  several  Corporations  and  persons  men- 
tioned in  this  Roll,  the  sums  set  against  such  Corporations 
and  persons'  names  respectively,  amounting  in  the  whole  to 


AGGREGATE  OF  ROLL.  279 

the  sum  of  thirty-nine  thousand,  two  hundred  forty-six  dol- 
lars and  twenty  cents^  the  same  being  in  full  discharge  of 
the  accounts  and  demands  to  which  they  refer. 

In  Senate,  June  i^th,  1816. 
Read  and  accepted,  sent  down  for  concurrence 

JOHN  PHILLIPS,  President, 

In  the  House  of  Representatives,  June  i9th,  1816. 
Read  and  concurred. 

TIMOTHY  BIGELOW,  Sjpealcer. 

June  i9th,  1816.. ..Approved. 

J.  BROOKS. 


COMMONWEALTH  OF  MASSACHUSETTS. 

Secretary's  Office,  September  2d,  1816. 
By  this  I  certify,  that  the  Resolves,  &c.  contained  in  this  pamphlet,  which  were  passed 
af  the  session,  commencing  May  29th  and  ending  June  20th,  1816,  have  been  compared  with 
the  oi-jginals  in  this  Office,  and  appear  to  be  coiTect; 

ALDEX  BRADFORD, 

Secretary  of  the  Common-wealth. 


INDEX 

TO  RESOLVES  PASSED  JUNE,  181&. 


ADAMS,  Isaac,  Assistant  to  the  Messenger,  pay  granted,     -        -  255 

Agent  on  Eastern  lands,  account  adjusted,         .         .         .         ,  231 

"             "             "       Hon.  Edward  H.  Robbins  appointed,        -  245 
"     to  sell  or  lease  lands  mortgaged  by  Prentiss  and  Chever,  to 

pay  into  the  Treasury  money  received,  -         -         -         -  238 

Andrews,  Joseph,  pay,  as  a  Member  of  the  General  Court,  granted,  226 

Assistants  to  the  Messenger  of  the  General  Court,  grant  to,  -         -  259 
Attorney-General,  to  suspend  the  service  of  an  execution  against 

Joseph  Howaid, 246 

B. 

Bacon,  Henry,  Assistant  to  the  Messenger,  grant  to,     -        -         -  259 

Baldwin,  L.  and  J.  Farrar,  Esqs.  Commissioners  on  practicability  of 

a  canal  from  Connecticut  to  Men-imac  river,  grant  to,      -  254 

Bangor  Aitillery,  Quarter-Master-General  to  furnish  brass  field  pie- 
ces, &c. 237 

Bank,  Hallowell  and  Augusta,  pay  granted  to  Committee  for  ex- 
amining,       _..------  261 

Barnes,  Amos,  to  be  refunded  §50  paid  the  commanding  officer  of 

detached  militia, 235 

Barnstable,  next  term  of  S.  J.  Court  may  be  holden  by  one  Justice,  243 

Boston,  Board  of  Health,  granted  money  to  complete  sea  wall  at 

Rainsford  Island,            -------  245 

Buckfield,  proceedings  confirmed,         ------  240 

C. 

Charlton,  Assessors  of  Charlton,  Sturbridge  and  Dudley,  to  assess 

on  Sturbridge  its  proportion  of  taxes,       -         .         -         -  230 

Cha^e,  Warren,  Assistant  to  the  Messenger,  grant  to,   -         -         -  259 

Claims  allowed  at  the  War-Office,  provision  for  payment,            -  251 

Clerks  of  the  General  Court,  pay  granted,     =;----  262 

'*       in  the  public  offices,  pay  established,       -         -         >         .  059 

Coffin,  G.  W.  allowed  for  services  in  the  land  office,      -         -         -  23], 
Commissioners,  on  practicability  of  a  canal  from  Connecticut  to 

Merrimac  river,  grant  to,        -----         -  254 

"      for  management  of  Eastern  lands,  to  suspend  proceedings,  265 

Committee  for  causing  a  Well  to  be  dug  in  the  State-House  yard,  233-239 

"  "        an  Engine-House  to  be  built  in  "      238-239 

"       to  view  Hingham  Harbor, 23r 

"       for  examining  Hallowell  and  Augusta  Bank,  pay  granted,  261 

"       Jleddington  &  Greenleaf,  for  locating  a  road,  "         '•  261 

Committee  on  x\ccounts,                                                     *•          '•  25t» 

'-         _         "          Roll  No.  75,    -        ^-        -        -        -        -  266 

Cook,  Francis,  Guardian,  empowered  to  convey  the  title  of  the  heirs 

of  Benjamin  Walker,  in  certain  estate,            -        -        .  257 


INDEX. 

Council,  pay  of  the  Members  of, 2?4 

Court.  General,  "  ......  £04 

"  Printer  for.  appointed.         -         .         .         .        _  qoT 

'•  will  not  receive  applications  for  money  after  limited 

time,    --------  254 

"  Assistants  to  Messenger,  grant  to,         -         -         -  259 

Court,  Supreme  Judicial,  next  term  in  Barnstable,  may  be  holden 

bv  one  Justice,       --.-----  243 
<•     Common  Pleas.  Justices  of  Western  Circuit  may  examine 

votes  for  a  Register  of  Deeds.  &c.      -----  225 

Courts.  Penobscot  County.  Clerks  may  officiate  without  bonds  until,  224 
Curtis,  Elijah  S.  remitted  amount  charged  against  liim  by  AVarden  of 

the  State  Prison. 265 


Electors  of  President  and  Vice-Pi-esident  of  U.  S.  mode  of  choosing 

prescribed,  ....._-_         o;^;^ 

Exeter,  Secretary  to  fuinish  with  laws,  &c.  .         .        .        .    235 

F. 
Fav.  Samuel.  P.  granted  pay  as  a  Member  of  the  House.    -         -         225 
Fisk,  James,  and  others,  Administi-ator  on  estate  of  C.  Hammond, 

empowered  to  execute  deeds.  -----        228 

Francis,  Joseph,  Page  of  the  House,  pay  gi-anted,  .        -        -    259 

G. 

Goldthwaite.  Chloe.  estate  late  of  EUery  Wood,  relinquished  to,         227 
Governor,  speech  to  the  Legislature,     ------     209 

••  '•       Answer  of  the  Representatives,       -         -         -         217 

'•  "  "       of  the  Senate, 221 

'•         message,  communicating  a  request  of  the  United  States 
to  be  vested  with  the  jurisdiction  over  land  selected  on 
Charles  river,  for  an  ordnance  depot,  -         -         -         -     226 

"         requested  to  appoint  an  Agent  to  present  the  claim  of  the 
Commonwealth  against  the  U.  S.  for  expenditures  in  the 
late  war.    ---------     240 

"         message  announcing  the  resignation  of  Hon.  Ebenezer 

Mattoon.  as  Major-General  of  4th  Di\-ision,       -         -         248 

"         Lieutenant,  salary, -         -     262 

Gould,  Jonathan,  R.  Guardian  to  Eliza  Laikin,  autliorized  to  set- 
tle interest  of,         -         -         -         -         ,         -         .         -         232 
Griggs,  Samuel,  discharged  from  recognizance  and  confinement,         24G 

H. 

Hare,  Charles  W.  Esq.  and  others,  devisees  in  trust  of  the  estate  of 
"William  Bingliam,  Esq.  deceased.  Treasurer  directed  to  sus- 
pend issuing  warrants  for  the  collection  of  certain  taxes,  351 
Hart.  Daniel,  allowed  further  indemnification,       .         .         -         -     236 

Hin^ham  Harbor,  Committee  to  view, 237 

Hodgdon,  Israel,  grant  to,  for  expenses  in  detached  militia,    -         -    238 
Homer,  George,  J.  empov.  ered  to  sell  real  estate  devised  to  his  sons,  250 


INDEX. 

Howard,  Joseph,  Attorney -General  to  suspend  the  service  of  an  ex- 
ecution,          246 

Howes,  John,  a  wounded  soldier,  grant  to,     -        -        -        -        -    232 

K. 

Kuhn,  Jacob,  Messenger,  addition  to  his  salary  granted,     -        -        256 
"         '•  "  granted  glOOO,  for  fuel,  &c.     -         -         -     252 

L. 

Laws,  General,  expense  of  printing  and  binding  4th  vol.  provided  for,  254 
Lewis,  Lothrop.  Esq.  to  survey,   &c.  land  in   BroMTifield,  fro  m 

which  Joseph  Howard  has  been  ejected,      -         -         .         .  246 

Low,  John,  Jun.  Assistant  Messenger  to  the  House,  pay  granted,  255 

"    Lewis,  Assistant  to  Messenger,  grant  to,      -         -         -         -  259 

M. 

Maine,  District,  report  and  act  on  the  subject  of  separation,  to  be 

printed  and  distributed,  ..---.         263 

Maps  and  Statistical  Aiew  of  Maine,  Secretary  to  distribute,  -         «     260 

Metcalf,  Eliab,  W.  Administrator  on  estate  of  E.  Stedman,  decea- 
sed, empowered  to  sell  a  lot  of  land,        -         .         _         -         249 
"      Theron,  Esq.  Reporter  of  the  House,  pay  granted,  258-260 

Money,  no  application  for  to  the  General  Court,  to  be  received  af- 
ter the  limitted  time,  --.-._.     £54 

Morrill,  Nathaniel,  dischai-ged  from  judgment,  &c.        ...    242 

0. 

Officers,  ^Militia,  directed  to  pay  to  the  Treasurer  fines  received  of 

persons  drafted  and  who  refused  obedience,     -        -        .        ojg 

P. 

Page  of  the  House  of  Representatives,  pay  granted,       -         -         .  259 

Penobscot  County,  two  Notaries  to  be  appointed,        -         .         _  229 

'•  Clerk  of  Courts  may  officiate  without  bonds  until,  224 

Pen-y,  Stephen,  and  Benjamin,  Solictor  General,  to  endorse  on  notes 

of  James  Baldwin,  g595  provided,      -         .         _         _         .  229 

Plymouth  County,   another  Notaiy  Public  to  be  chosen  for,       -  226 

"  Tax  granted,         .--...  237 

Potter,  Barrett,  and  N.  Ingersol,  allowed  further  time  to  settle  an 

half  Township,  granted  Deerfield  Academy,     -        -        .  241 

Prison,  State,  appropriation  for,    -        - 232 

••         Directors  to  allow  E.  S.  Curtis  the  labor  of  20  convicts 

for  50  days, 265 

Q. 

Quarter-Master-General,  to  furnish  Bangor  Artillery  with  Brass 

Field  Pieces,  &c.      -        -        -         -        236 

Quarter-Master-General.  Report  on  representation  relative  to  the 
return  or  neglect  to  return,  of  arms,  &c.  loaned  from  tlie  pub- 
lic Magazines  during  the  late  war,  and  directing  him  to  call 
on  delinquents.  -._._.-_    047" 

R. 

Rcdington.  Samuel  and  Moses  Greenleaf, Committee  to  locate  a  road 

pay  granted,  - 261 


INDEX. 

Reporter  on  Contested  Elections  of  Representatives,  granted  pay,  258-260 

Robbins,  Edward  H.  appointed  Agent  for  sale  of  Eastern  Lands,  245 

"                    granted  to  for  services  as  Commissioner  of  253 

the  War  Office, 253 

Robinson,  James  Esq.  for  expense  of  a  Well  and  Engine  House 

in  State  House  Yard, 259 

Rogers,  Benjamin  authorized  to  sell  Estate  of  certain  minors,         -  243 

Russell,  Benjamin  appointed  Printer  of  the  Commonwealth,        -  227 

S. 
Secretary,  to  notify  Electors  of  President  and  Vice-President  of  the 

U.  States  of  their  election,         -----  234 

"       to  furnish  Exeter  with  Laws,  &c.       -        -        -        -  235 

"       to  subscribe  for  6  copies  of  State  Papers,        -        .        .  242 
"       compensation  to  for  superintending  the  printing  4th  vol. 

General  Laws, 255 

'^       Salary, 263 

*'       to  distribute  Maps  and  Statistical  View  of  Maine,  -  260 

"       to  cause  to  be  printed  and  distributed  the  Report  and  Act 
on  the  subject  of  the  Seperation  of  the  Distiict  of  Maine 

from  Massachusetts,         ------  263 

Skinner,  Thompson  J.  late  Treasurer,  Sureties  discharged,           -  234 
Smith,  William,  Esq.  Administrator  to  receive  Warrant  for  pay  due,  231 
"      Albert  and  others,  sureties  of  the  late  Treasurer  Skinner  dis- 
charged,           234 

State  House,  Committee  to  cause  a  Well  to  be  dug,  -        -  233 

"  "  to  cause  an  Engine  House  to  be  built,         -  238 

T. 

Tax,  granted  to  Plymouth  County, 237 

Towns  and  individuals  who  have  returned  Muskets,  &c.  lent  them, 

discharged  from  liability,         _.--,.         248 
Treasurer,  Salary, 262 

"  authorized  to  borrow  money, 263 

"  Report  on  his  Communication  relative  to  interest  and 

reimbursement  of  principal  on  debt  due  from  U.  S.     264 

"       directed  to   pay  dues    on   certain  Rolls  and   Abstracts 
for  Military  Services  and  Supplies  not  paid  by  General 
Richardson  and  Quarter-Master-General,    -         -        -        239 

"     directed  to  cancel  the  Bond  of  Potter  and  Ingersol  on  con- 
dition,   242 

"    to  suspend  issuing  warrants  for  collection  of  certain  taxes 

on  unimproved  Lands  in  Maine,  -         -         -         -         251 

"    to  receive  fines  collected  by  Militia  Officers  from  Drafted 

persons, 258 

W. 

Wait,  Thomas  B.  &  Sons,  Secretary  to  subscribe  for  six  Copies  of 

State  Papers, 242 

Winch,  John  discharged  from  a  warrant  of  distress  and  prison,      -    249 
Worcester  County,  Justices  of  Common  Pleas  may  examine  votes 

for  a  Register  of  Deeds, 22^ 


RE SOL YES 


OF  THE 


GENERAL  COURT 


OF  THE 


CommonUjealtl)  of  dllSa^^atliti^ett^. 

PASSED  AT  THEIH  SESSION, 

WHICH  COMMENCED  ON  WEDNESDAY,  THE  THIRTEENTH  DAV 

OP  NOVEMBER,  AND   ENDED  ON  THE  FOURTEENTH 

OF  DECEMBER,  1816. 


Publlslied agreeably  to  a  Resolve  of  ICth  January,  1S13. 
— '**9^ — 


JiOSTOjY.- 

pnTNTEn  BT  nrSSElL,  cutler  and  CO.  Foa  bexj amix  nussKLt, 
PHINTEII  TO  THE  STATE, 


1816. 


GENERAL  COURT  OF  MASSACHUSETTS, 

PASSED  AT  THEIR  SESSIOJS^, 

WHICH  COMMENCED  OX  THE  15th  NOVEMBER,  AND  ENDED  ON 
THE  14lh  DAY  OF  DECEJIBER,  A.  D.  181G. 

GOVERNOR'S  SPEECH. 

REPRESENTATIVES'  CHAMBER,  NOVEMBER  13th,  1816. 

dt  12  o^clocJc,the  Senators  attended  in  the  Representatives^ 
Chamber^  af;reeably  to  assignment,  when  his  Excellency 
the  Governor  came  in,  accompanied  by  his  Council^  the 
Secretary  of  the  Commonwealth^  and  other  officers  ofgo- 
vernmentf  and  delivered  the  following 

SPEECH : 

Gentlemen  of  the  Senate^  and 
Gentlemen  of  the  House  of  Representatives, 

THE  special  purpose  of  your  convening  at  this  season, 
being  the  choice  of  Electors  of  President  and  Vice-Presi- 
dent of  the  United  States,  agreeably  to  a  resolve  that  pass- 
ed  on  the  thirteenth  day  of  June  last,  no  suggestion  of  mine 
will  be  necessary  to  induce  you  to  enter  upon  the  execution 
of  that  important  duty  with  all  the  delibetation  which  a  due 
regard  to  the  national  interests  and  the  honor  of  Massachu- 
jsetts,  can  demand.     The  duty  is  not  only  important,  as  the 


SSS  GOVERNOR'S  SPEECH. 

ultimate  result  of  it  may  respect  individuals,  Lut  as  the  cua= 
tinuance  of  the  national  government  depends  upon  the 
choice  of  Electors,  the  obligation  to  perform  it  is  imperi- 
ous. The  mode  indeed,  being  optional,  a  diversity  in 
practice  among  different  states,  and  in  the  same  state  at 
different  times,  may  be  expected.  But  while  the  great,  the 
imperative  demand  of  the  Constitution,  in  this  particular,  is 
fulfilled  by  the  State  Legislatures,  agreeably  to  the  dictates 
of  their  best  judgment,  there  can  be  but  little  ground  for 
the  apprehension  of  mischief^  in  a  discretionary  selection  cf 
a  constitutional  mode. 

Among  the  subjects  which  may  probably  solicit  your  at- 
tention, at  the  present  time,  the  question  respecting  the  se- 
paration of  the  District  of  Maine,  may  not  be  viewed  as  the 
least  important.  The  people  of  the  two  sections  of  the 
State,  between  whom  the  question  of  separation  is  pending, 
were  generally  derived  from  the  same  origin,  and  were  ed- 
ucated in  the  same  principles  of  civil  and  religious  liberty  ; 
and  they  and  their  fathers  freely  commingled  their  blood 
in  combatting  for  their  country's  independence  ;  and  with 
one  accord,  united  in  framing  the  existing  Constitutions  of 
government.  And  while  they  have  been  highly  respectable 
as  a  Avhole,  they  have  been  mutually  satisfied  and  happy  in 
the  relation  of  members  and  brethren  of  the  same  family. 
May  no  root  of  bitterness  spring  up  to  alienate  their  affec- 
tions, whether  united  or  separate.  Judging  from  the  ingen- 
uous and  dispassionate  manner  in  which  the  subject  has 
been  hitherto  discussed  in  your  respective  houses,  we  may 
confidently  hope  that  wisdom  will  mark  its  future  progress. 
Influenced,  as  you  undoubtedly  will  be,  by  a  due  respect 
for  the  interests  and  happiness  of  the  people  in  both  sections 
of  the  Commonwealth,  and  under  the  guidance  of  a  spirit  of 
candor  and  moderation,  there  can  exist  no  cause  to  awaken 
our  apprehensions  of  an  inauspicious  result. 

A  resolve  that  passed  the  Legislature  on  the  fifteenth  of 
June  last,  authorized  and  requested  the  Governor,  with  the 
advice  of  Council,  to  appoint  one  or  more  persons,  at  his 
discretion,  and  at  such  time,  and  in  such  manner  as  he 
might  deem  expedient,  to  present  the  accounts  and  claims 
of  this  Commonwealth,  for  military  services  rendered,  sup- 
plies and  munitions  of  v/ar  furnished,  labor  performed,  and 
expenses  incurred,  during  the  late  W'ar  with  Great  Britain, 
and  arising  in  consequence  thereof,  to  the  government  of 


GOVERNOR'S  SPEECH.  28a 

the  United  States,  for  allowance ;  antl  to  settle  and  adjust 
the  same. 

The  subject  of  this  resolve  was,  immediately  after  it  had 
passed,  submitted  to  the  Council,  and  after  due  considera- 
tion, a  postponment  of  the  appointment  of  an  Agent  or 
Agents,  for  the  purposes  expressed  in  the  resolve,  was  ad- 
vised. The  advice  of  Council  was  understood  to  be 
grounded  upon  the  opinion,  that  some  special  legislative 
provision  of  the  national  government  was  prerequisite  to 
the  settlement  of  our  accounts  at  the  War  Office.  If  T  mis- 
take not,  the  report  of  the  then  Secretary  of  War,  made  to 
Congress  in  March  last,  is  decisive  on  this  point.  The 
correctness  of  the  advice  of  Council  has  since  been  support- 
ed by  a  coincident  opinion  of  all  tlie  members  of  Congress 
w  horn  I  have  had  an  opportunity  of  consulting  upon  the 
subject  under  consideration.  That  you  may  be  fully  pos- 
sesssed  of  the  measures  which  had  been  adopted  prior  to 
the  passing  of  the  resolve  of  the  fifteenth  of  June  last,  the 
Secretary  will  lay  before  you  a  copy  of  the  proceedings  of 
the  Council  the  last  year,  resorted  to  with  the  design  of 
having  the  amount  and  the  items  of  our  accounts  and  claims 
against  the  United  States,  brought  into  the  view  of  the  gen- 
eral government. 

It  will  now  rest  with  your  wisdom,  gentlemen,  to  allov/ 
the  subject  to  progress  in  the  course  contemplated  by  the 
resolve  last  mentioned,  or  give  it  some  other  direction, 
Avhich  you  may  deem  more  eligible. 

I  have  received  from  tlie  Honorable  James  Monroe,  Es- 
quire, Secretary  of  State,  a  letter,  dated  the  twenty-fifth  of 
October  last,  communicating  the  agreeable  information,  that 
lands  belonging  to  some  of  the  citizens  of  Massachusetts, 
on  Moose  Island,  which  had  been  withheld  from  them 
by  the  orders  of  the  Governor  General  of  Canada,  had  re- 
cently, by  the  interposition  of  the  National  Executive,  been 
restored  to  them.  A  copy  of  the  letter  I  have  instructed 
the  Secretary  to  lay  before  you. 

I  have,  at  the  same  time,  tlie  satisfaction  of  communicating 
to  you,  Gentlemen,  a  copy  a  letter  I  have  received  from  the 
Ordnance  Department  of  the  United  States,  by  which  I  am 
informed,  that  where  arms  and  equipments  may  be  found 
due  to  a  State,  on  the  apportionment  of  its  quota  according  to 
law,  the  Ordnance  Department  is  desirous,  and  will  be  pre- 
pared, tg  supply  t]ic  same  -viniont  delny.     According  to  a 


S84^  GOVERNOR'S  SPEECH. 

return  made  to  me  by  the  Quarter-Master-Gencral,  I  find 
that  the  Commonwealth  has  received  only  thirty-one  hun- 
dred muskets,  without  any  equipments,  since  the  law  of  the 
United  States,  appropriating  two  hundred  thousand  dollars 
annually  for  arming  and  equipping  the  whole  body  of  the 
militia,  was  passed  on  the  twenty-third  day  of  April,  1808. 
We  may  therefore,  I  apprehend,  confidently  look  forward 
to  the  period  when  we  shall  not  only  receive  the  number  of 
arms  now  due  to  us,  but  when  the  ranks  of  our  militia  may 
be  relieved  from  the  present  burden  that  falls  heavily  upon 
a  large  proportion  of  them,  of  furnishing  their  own  arms  and 
equipments  for  the  public  defence.  The  balance  due  to  Mas- 
sachusetts I  am  unable  to  ascertain,  as  the  data  upon  which 
the  ratio  is  to  be  deduced,  are  not  within  my  control.  But 
the  necessary  measures  are  in  train  for  ascertaining  and  re- 
ceiving the  amount.  While  on  this  subject,  I  would  sug- 
gest for  your  consideration,  the  propriety  of  authorizing  and 
directing  the  Q^uarter- Master- General  to  cause  all  the  mus- 
kets belonging  to  the  State,  to  be  designated  by  an  appropri- 
ate mark  or  stamp. 

The  annual  return  of  the  militia,  made  by  the  Adjutant- 
General,  and  four  returns  from  the  Quarter-Master-General, 
marked  No.  1,  2,  3,  and  4,  will  be  laid  before  yon  by  the 
Secretary.  In  referring  to  the  return  of  the  militia,  I  am 
led  to  mention  to  you,  Gentlemen,  that  in  the  course  of  the 
past  autumn,  I  have  had  an  opportunity  of  seeing  a  consid- 
erable number  of  the  regiments  and  brigades  of  the  militia 
of  this  Commonwealth  ;  and  it  is  but  doing  justice  to  them 
to  observe,  that  their  arms  w  ere  efficient,  and  in  good  order, 
that  the  appearance  of  the  men  was  generally  highly  mar- 
tial, and  their  movements  correct.  It  is  likewise  due  to  the 
liberality  and  wisdom  of  the  Legislatures  of  several  former 
periods,  to  observe,  that  much  of  the  regularity  of  the  mili- 
tia, of  the  uniformity  of  their  discipline,  and  of  the  intelli- 
gence of  the  officers,  is  to  be  ascribed  to  the  system  of  dis- 
cipline, and  other  means  of  information,  that  have  been  pla- 
ced, at  the  public  expense,  at  different  times,  in  the  hands 
of  the  officers. 

In  conclusion,  I  avail  myself,  of  the  occasion,  Gentlemen, 
to  felicitate  you  upon  the  continuance  of  peace,  upon  the 
prevalence  of  good  order,  the  restoration  of  public  credit, 
and  the  general  aspect  of  prosperity,  contentment  and  hap- 
piness, which  our  country  exhibits.     Commerce,  if  not  ex« 


s 
GOVERNOR'S  SPEECH.  S85 

einpt  from  restrictions,  which  other  times  and  different  con- 
ditions of  the  world  did  not  impose,  employs  an  immense 
capital,  and  demands  and  circulates  all  the  surplus  products 
of  our  country. 

Immunity  from  pecuniary  embarrassments  at  the  termina- 
tion of  a  war  unequalled  in  modern  times  in  duration,  that 
had  subverted  the  principles  of  social  order,  of  political  e- 
conoray  and  regular  commerce,  through  a  great  part  of  the 
pivilized  world,  was  utterly  impossible.  After  such  an  ar- 
duous and  dreadful  conflict,  time  is  necessary  to  tranquilize 
the  world  ;  to  allow  the  faculties  of  men  duly  to  estimate  the 
new  relations  that  peace  has  produced  among  nations  ;  and 
for  individuals  to  accommodate  their  feelings,  views  and 
habits  to  the  actual  state  of  things.  Happy  will  it  be  for 
us,  if  we  learn  wisdom  from  experience  :  if  from  the  force 
of  circumstances,  we  are  taught  the  value  of  circumspection 
and  economy,  of  industry  and  moderation. 

Wishing  you,  Gentlemen,  all  the  satisfaction  that  can  re- 
sult from  faithful  endeavors  to  render  your  constituents  hap- 
py, I  only  add  a  tender  of  any  facilities  in  my  power  to  aid 
your  efforts. 

J.  BROOKS. 

Council  Chawim;  JVoik  13.  18(6. 


ANSWER  OF  THE  SENATE. 


May  if;  please  your  Excellency, 

THE  Senate  have  received  with  the  respect  due  to  the 
Chief  Magistrate,  the  comniuuieation  which  your  Excellen- 
cy has  heeu  pleased  to  make  at  the  opening  of  the  session  ; 
and  trust,  that  in  the  discharge  of  the  duty  for  which  the 
Legislature  have  more  especially  convened,  they  have  been 
governed  by  the  principles  which  your  Excellency  has  re- 
commended, and  which  a  due  regard  to  the  ^^  national  in- 
terests, and  the  honour  of  Massachusetts,"  required  them 
to  observe. 

The  right  of  the  Legislature  to  appoint,  at  tlieir  discre- 
tion. Electors  of  President  and  Vice-Pjipsidcnt,  is,  we  pre- 
sume, no  longer  questioned  ;  and  the  Senate  entertain  no 
doubt,  that  the  mode  which  has  been  adopted,  is  proper  in 
itself,  and  most  convenient,  and  least  expensive  to  the  Com- 
monwealth. 

The  Senate  of  Massachusetts  cannot  view  the  result  of 
the  election  as  it  "  may  respect  individuals,"  with  indiflfer- 
ence,  or  consider  it  unimportant,  on  whom  the  suffrages  of 
the  State  may  be  bestowed.  Yet  the  salutary  lessons  which 
calamity  has  inculcated,  and  the  recent  adoption  of  those 
measures,  by  which  the  earliest  operations  of  the  federal 
goverment  were  so  successfully  distinguished,  afford 
pledges,  we  hope,  that  the  peace  of  the  country  will  not  be 
rashly  sacrificed,  or  its  commerce  abandoned  ;  whoever  may 
be  elevated,  by  the  will  of  the  people,  to  the  supreme  au- 
thority. 

The  subject  of  the  separation  of  the  District  of  Maine, 
so  important  in  the  consequences  that  may  result  from  it ;  and 
the  deep  interest  which  it  has  excited,  will  receive  our  ear- 
liest attention.  With  the  people  of  that  portion  of  the  Com- 
monwealth, we  have  long  lived  as  brethren.  Tbey  are 
generally  derived,  as  your  Excellency  has  been  pleased  to 
observe,  from  the  same  origin,  and  have  been  educated  in 
the  same  principles  with  ourselves.      The  liberality  and 


ANSWER  OF  THE  SENATE.  S87 

moderation  which  your  Excellency  considers  the  Legisla- 
ture to  have  evinced,  in  past  measures  on  the  subject,  will, 
we  have  no  doubt,  continue  to  be  manifested.  If  we  are 
yet  to  remain  united,  we  trust  that  union  may  continue  to  be 
a  blessing  to  us  ;  and  if  separated,  that  we  may  not  there- 
fore be  divided  against  each  other  ;  that  as  we  have  lived 
in  harmony,  they  may  part  from  us  in  peace,  and  that  in- 
stead of  bitterness  and  reproach,  the  wisdom  from  above, 
which  is  fure  and  peaceable^  may  influence  and  guide  them. 

The  claim  of  Massachusetts  on  the  general  government, 
for  expenses  incurred  during  the  late  war,  is  so  equitable  in 
itself,  that  we  cannot  doubt,  that  a  speedy  provision  of  the 
national  legislature  on  this  subject,  will  facilitate  its  adjust- 
ment :  and  that  no  local  or  party  feelings  will  be  permitted 
to  usurp  the  place  of  that  liberal  and  magnanimous  policy, 
which  renders  equal  and  exact  justice  to  alU  and  is  alone 
worthy  of  the  dignity  and  character  of  the  national  councils. 
In  the  measures  which  may  be  deemed  expedient,  in  bring- 
ing this  important  subject  to  a  conclusion,  your  Excellency 
may  rely  on  every  aid,  in  the  power  of  the  Senate  to  aiford. 

We  participate  in  the  satisfaction  expressed  by  your  Ex- 
cellency, at  the  restoration  of  a  part  of  the  property,  of 
which  our  citizens  were  deprived  during  the  late  war ;  and 
in  the  prospect,  that  this  State  will  shortly  receive  its  pro- 
portion of  arms  and  equipments  from  the  Ordnance  Depart- 
ment. 

The  improved  and  improving  state  of  the  militia  through- 
out the  Comonwealth,  is  a  subject  of  pride  and  congratula- 
tion. They  are  the  ornament  and  defence  of  the  land  ;  and 
while  their  present  order  and  discipline  is  to  be  attributed 
as  well  to  the  wisdom  of  past  legislatures,  as  to  the  energy 
and  intelligence  of  their  officers,  we  trust  that  every  neces- 
sary aid  and  encouragement  will  continue  to  be  given  to 
them.  We  are  happy  also,  that  their  exertions  the  present 
season  have  been  rewarded  by  the  approbation  of  one,  who 
has  himself  exemplified,  how  illustrious  is  the  union  of  val- 
our with  virtue,  and  how  graceful  are  the  laurels  which  en- 
circle the  sword  of  the  patriot. 

After  so  long  a  period  of  public  calamity,  prosperity 
seems  to  be  returning  to  us  ;  and  new  channels  are  opened 
for  the  display  of  our  former  industry  and  enterprize.  The 
Senate  of  Massachusetts  rejoice  with  your  Excellency,  at 
the  tranquillity  which  has  succeeded  to  the  commotions  of 
38 


288  ANSWER  OF  THE  SENATE. 

the  last  twenty  years  ;  the  restoration  of  public  credit  and 
commercial  intercourse  ;  tlie  liberal  aids  aflforded  to  the 
cause  of  religion  and  charity  ;  and  the  increased  brightness 
and  diffusion  of  the  light  of  literature  and  science.  Time 
must  indeed  be  allowed  for  individuals  to  accommodate  their 
habits  and  pursuits  to  tlie  revolution^  which  has  changed  all 
the  political  and  commercial  relations  of  the  world.  Yet 
have  we  not  suffered  in  vain,  if  misfortune  has  taught  us 
wisdom  ;  if  we  have  learned  the  necessity  of  economy,  and 
the  vanity  of  profusion  ;  if,  finally,  we  have  reaped  those 
precious  fruits  of  experience,  which  v/ill  enable  us  to  sub- 
due the  passions,  and  correct  the  vices,  which  have  exposed 
ns  to  our  late  evils  and  privations  ;  we  shall  then  more 
justly  appreciate  the  blessings  we  enjoy  ;  shall  be  morfe 
ardently  engaged  in  preserving  and  communicating  them, 
and  in  cherishing  those  ancient  and  venerable  iustitutions  of 
knowledge,  morality  and  piety,  wliich  it  is  our  truest  interest 
to  patronize  and  protect. 

In  the  advancement  of  these  measures,  the  Senate  of  Mas- 
sachusetts tender  to  your  Excellency  assurances  of  their 
most  zealous  co-operation  and  support. 


ANSWER 

OF  THE 

HOUSE  OF  REPRESENTATIVES. 


May  it  please  your  Excellency^ 

THE  LegisUture,  at  tlieii-  last  session,  having  exercised 
their  discretionary  power,  of  determining  in  vvliat  made  the 
Electors  of  President  and  Vice-President  of  the  United 
States  should  be  appointed,  by  resolving  that  they  should 
be  chosen  by  the  joint  ballot  of  both  branches  of  the  Legis- 
lature in  convention,  have  performed  that  important  duty, 
by  the  choice  of  two  Electors  at  large,  and  of  one  resident 
in  each  congres  sional  district  inthe  State.  This  mode 
of  appointment  has  twice  before  been  adopted  by  us, 
and  as  most  of  the  States  in  the  Union  have  piovided  for 
the  appointment  of  their  Electors,  either  by  a  general  tick- 
et, or  by  the  Legislature,  thereby  securing  to  themselves 
a  representation  of  the  undivided  will  of  the  majority,  it 
was  thought  expedient  that  the  will  of  the  majority  in  this 
State,  which  is  fairly  represented  in  the  Legislature, 
should  also  be  expressed  by  us.  As  it  had  been  determined 
to  complete  the  usual  business  of  the  year  at  this  session, 
their  appointment  in  this  manner,  it  was  also  considered, 
would  be  the  least  expensive.  The  sentiments  of  most 
of  the  Electors  being  known,  and  many  of  the  candi- 
dates for  the  office,  in  various  parts  of  the  country,  having 
pledged  themselves  to  vote  for  such  persons  as  had  pre- 
viously been  designated,  it  is  not  expected,  that  the  exer- 
cise of  our  privilege,  at  this  time,  will  alTect  the  result  of 
the  election.  Our  votes,  even  if  given  for  the  most  promi- 
nent candidate,  will  not  be  requisite  for  his  choice  ;  and,  if 
given  for  any  other,  will  be  unavailing  :  Yet,  by  our  per- 
formance of  tlie  obligations  imposed  on  us  by  the  Consdtu- 
tion,  under  such  circumstances,  we  evince  an  attachment  to 
the  Union  of  the  States,  our  estimation  of  our  rights,  and  our 
unwillingness  to  surrender  our  elective  privileges.  Having 
regard  to  the  spirit  of  the  Constitution,  such  judicious  and 
discerning  men  liavc  been  appointed  Electors,  who,  by  llieir 


290  ANSWER  OF  THE  HOUSE. 

residence  in  various  parts  of  the  State,  their  knowledge  of 
the  local  interests  of  tlie  people,  and  their  acquaintance  with 
the  public  sentiment,  we  doubt  not  w  ill  duly  regard  our  own 
honor  and  the  national  interests. 

Tlie  question  of  the  separation  of  the  two  great  sections 
of  the  State,  inhabited  by  people  who  were,  generally,  ^*  de- 
rived from  the  same  origin,  educated  in  the  same  principles 
of  civil  and  religious  liberty,  and  who,  and  their  fathers,  free- 
ly  commingled  their  blood,  in  combatting  for  their  country's 
independence,  and  united  in  framing  the  existing  constitu. 
tion  of  government,''  shall  receive  that  ingenuous  attention, 
and  be  discussed  in  that  dispassionate  manner,  which  the  im- 
portance of  the  subject,  and  your  Excellency's  recommen- 
dation, require.  Having  a  due  respect  for  the  interests  and 
happiness  of  the  people  of  both  sections  of  the  Common- 
Avealth,  and  under  the  guidance  of  that  spirit  of  candor, 
which  you  are  pleased  to  say,  has  heretofore  distinguished 
our  proceedings  ;  we  trust  that  ^'  no  root  of  bitterness  will 
spring  up"  to  alienate  the  affections  of  a  people  from  each 
other,  who  have  been  liighly  respectabe  as  a  whole  ;  and 
''  have  been  mutually  satisfied  and  happy  in  the  relation  of 
members  of  the  same  family." 

The  subject  of  the  resolve  of  the  fifteenth  of  June  last, 
making  provision  for  causing  ^'  the  claims  of  this  Common- 
wealth, for  the  expenses  incurred  for  the  general  defence, 
during  the  late  war,  to  be  presented  to  the  government  of 
the  United  States,  for  allowance,"  the  House  of  Represen- 
tatives will  consider,  with  that  attention,  which  the  impor- 
tance of  the  subject  demands. 

The  C'onstitution  of  the  United  States  having  vested  in 
Congress  the  power,  "  to  provide  for  calling  forth  the  mi- 
litia, to  execute  the  laws  of  the  Union,  suppress  insurrec- 
tions and  repel  invasions,"  the  Commander  in  Chief  of  this 
Commonwealth,  by  the  advice  of  Council,  and  in  concur- 
rence with  the  opinion  of  the  highest  judicial  tribunal  of  the 
State,  exercised  the  power,  which  in  their  opinion,  was  con- 
stitutionally required  of  him,  of  determining,  when  any  of 
the  exigencies  aforesaid  existed.  As  in  the  early  part  of 
the  war,  the  militia  of  Boston,  Salem,  and  other  populous 
places,  were  sufficient,  it  was  not  necessary  that  other  troops 
should  be  detached  for  their  defence  ;  while  those  request- 
ed  by  the  orders  of  the  President,  for  the  protection  of  our 


ANSWER  OF  THE  HOUSE.  S91 

eastern  frontier,  where  the  population  was  more  scattered, 
and  incursions  might  more  easily  be  made,  were  detached, 
and  stationed  at  Eastport  and  Kobbinston,  and  placed  in  the 
service  of  the  United  States. 

While  the  ships  of  the  enemy,  in  the  first  year  of  the 
war,  were,  generally,  cruizing  separately,  for  the  purpose  of 
making  maritime  captures,  and  no  preparations  were  made 
for  landing,  the  militia,  already  organized,  armed,  drilled, 
and  well  provided  with  amunition  and  military  stores,  by 
remaining  at  their  several  homes,  on  the  seacoast,  could  more 
readily  rendezvous  at  the  place  of  alarm,  and  would  form 
a  more  adequate  defence  of  the  whole,  than  if  they  were 
actually  embodied  in  separate  places,  thereby  inviting  attack 
upon  those  left  exposed. 

It  will,  perhaps,  be  admitted  as  a  general  principle,  that 
the  inducement  which  an  enemy's  ship  has  to  make  a  sud- 
den attack  on  a  town,  or  place,  for  the  purpose  of  producing 
alarm  among  the  inhabitants,  will  be  increased  in  the  ratio 
of  the  population  of  such  place  ;  and  in  the  ratio  of  our  pop- 
ulation is  the  strength  of  our  militia.  It  was,  therefore, 
the  opinion  of  the  Chief  Magistrate,  that  by  ^"^  detaching  a 
part  of  the  militia,  and  distributing  it  into  small  portions,  the 
defensive  power  would  be  diminished."  To  guard  against 
dangers,  however,  which  were  not  apparent,  soon  after  the 
declaration  of  war,  a  general  order  was  issued,  vesting  every 
officer  in  the  State  with  a  discretionary  power  to  call  out 
the  militia  under  his  command,  "  in  case  of  actual  invasion, 
or  whenever,  in  his  opinion,  there  was  such  imminent  dan- 
ger of  invasion,  as  would  not  admit  of  delay,''  without  wait- 
ing for  the  particular  order  of  the  Commander  in  Chief,  or 
or  even  those  of  his  superior  in  command.  The  experience 
of  a  year  afforded  good  evidence,  both  of  the  sufficiency  and 
economy  of  this  mode  of  defence.  But  in  the  latter  part  of 
the  war,  when  the  enemy's  fleets  appeared  in  force,  with 
troops  on  board,  prepared  for  invasion,  then  the  militia  from 
the  interior  of  the  State  were  called  out,  and  embodied  ; 
some  of  them  detached  for  the  service  of  the  United  States, 
were  placed  in  their  garrisons ;  others,  under  the  command 
of  their  own  officers,  and  in  the  service  of  the  State,  were 
stationed  in  forts,  which  were  either  erected  by  the  patriotic 
labors  of  our  citizens,  or  at  the  expense  of  the  Common- 
wealth, and  the  residue,  in  other  situations  of  imminent  dan- 
"•PT.  where  fhev  could  most  easily  co-operate  with  those  on 


S9S  ANSWER  OF  THE  HOUSE. 

the  coasts,  who  were  still  kept  in  reserve.  Thus  the  whole 
extent  of  our  maritime  frontier  presented  to  the  enemy  one 
general  line  of  defence.  While  in  many  towns  vast  expend- 
itures of  money  and  labor  for  the  erection  of  forts  and  for 
providing  the  means  of  defence,  were  made  by  the  voluntary 
contributions  and  efforts  of  our  citizens,  in  others,  the  troops 
of  the  State  were  employed  in  fatigue  duty,  and  by  them 
many  of  the  United  States'  forts  in  Massachusetts  Proper, 
and  all  of  them  in  Maine  were  strengthened,  and  new  works 
were  erected  to  increase  the  means  of  protection  and  securi- 
ty This  State,  which  had  already  furnished  more  sailors 
for  our  navy,  and  more  recruits  for  the  army  than  any  other, 
and  which  had  been  unwillingly  involved  in  war,  wlien  the 
national  credit  was  low,  when  public  confidence  had  ceased, 
and  when  the  Treasury  of  the  United  States  was  exhausted, 
"opened  its  coffers,  extended  its  credit,  and  employed  all  its 
resources  for  the  general  defence.  Without  the  means  thus 
furnished,  it  would  have  been  impossible  to  have  prevented 
a  greater  portion  of  it  from  being  possessed  by  the  enemy. 
Can  a  claim  for  services  thus  rendered,  and  for  expendi. 
tures  thus  made,  the  propriety  and  necessity  of  which  were 
never  doubted,  be  refused  ?  Every  principle  of  honor  and 
justice  represses  the  indulgence  of  such  an  apprehension. — 
The  President's  Message,  at  the  opening  of  the  last  session 
of  Congress,  in  wliich  he  says,  that  ^^  there  will  probably  be 
some  addition  to  the  public  debt,  upon  the  liquidation  of  va- 
rious claims  which  are  depending,  and  a  conciliatory  dis- 
position on  the  part  of  Congress,  may  lead  honorably  and 
advantageously  to  an  equitable  arrangement  of  the  militia 
expenses  incurred  by  the  several  States,  ivitlwut  the  'pre- 
vious sanction  or  authority  of  the  government  of  the  United 
States,^^  authorizes  different  expectations.  Such  a  refusal, 
by  a  government,  whose  duty  it  was  to  protect  the  several 
States  from  invasion,  but  which  at  this  time  had  not  sufficient 
means  within  its  control,  would  tend  to  produce  distrust  and 
jealousy ;  to  alienate  ihe  affections  of  the  people  from  tlieir 
government;  to  weaken  their  coniidenee  in  the  justice  of 
their  rulers  ;  and  would  eventually  destroy  that  spirit  of 
conciliation  and  harmony  w  hich  happily  prevails  throughout 
our  country.  We  indulge  the  fond  hope,  that  the  candor 
and  moderation  w  hich  now  characterize  the  measures  of  the 
national  government,  will  soon  eradicate  those  prejudices 
against  separate  sections  of  our  country,  which  were  found- 


ANSWER  OF  THE  HOUSE.  S93 

etl  ill  error  or  misinformation  ;  and  which,  so  long  as  they 
are  cherished,  will  prevent  that  hearty  co-operation,  in  the 
means  of  self  protection,  which  experience  has  proved  to  be 
more  necessary  in  the  States  of  a  confederacy,  than  in  a  go- 
vernment of  a  more  consolidated  form. 

Although  we  do  not  doubt  the  correctness  of  the  advice 
of  council,  confirmed  as  it  was  by  the  coincident  opinion  of 
such  of  the  Members  of  Congre«is  from  this  State,  as  were 
consulted  upon  the  subject ;  yet  we  cannot  refrain  from  ex- 
presnng  a  confident  belief,  that  when  our  claim  supported 
by  regular  vouchers,  shall  be  presented,  it  will  be  received 
and  allowed,  w  ith  the  claims  of  other  States,  founded  on  the 
same  principles. 

We  receive  great  satisfaction  from  the  information  your 
Excellency  has  communicated,  that  the  Ordnance  Depart- 
ment of  the  United  States  is  prepared  to  supply  the  quota 
of  irms  and  eqiipments,  due  to  this  State,  under  the  Law  of 
the  United  States  of  the  23d  day  of  April,  1808,  "  appro- 
priating S200,000  annually,  for  arming  and  equipping  the 
wliole  body  of  the  militia."  As  Massachusetts  is  entitled  to 
about  one  tenth  part  of  the  arms  which  have  been  contracted 
for  or  purchased  by  the  sum  of  ;S  1,600,000,  which  has  been 
appropriated  for  the  purpose,  we  may  confidently  look  for- 
ward to  the  period,  "  when  the  ranks  of  our  militia  may  be 
relieved  from  the  burthen,  which  falls  heavily  on  a  large 
portion  of  them,  of  furnishing  their  own  arms  and  equip- 
ments for  the  public  defence  ;*'  and  the  State  from  the  ne- 
cessity of  making  such  large  appropriations,  as  have  hereto- 
fore been  deemed  expedient  for  their  purchase. 

It  is  a  subject  of  congratulation,  that  your  Excellency 
lias  availed  yourself  of  several  opportunities  of  reviewing 
a  number  of  the  regiments  and  brigades  of  the  militia,  this 
autumn  :  and,  ^^  that  their  arms  were  efficient,  and  in  good 
order  ;  the  appearance  of  the  men,  generally,  highly  mar- 
tial ;  and  their  movements  correct."  Animated  by  the  bright 
example  of  him,  for  v/hose  former  services  they  are  giateful, 
and  to  whose  experience  in  the  highest  military  department 
of  the  State,  their  improvements  may,  in  a  great  measure,  be 
ascribed,  we  do  not  doubt,  that  under  the  direction  of  skil- 
ful officers,  the  militia  will  long  continue  to  be  the  ornament 
and  security  of  the  State. 

We  cordially  reciprocate  your  Excellency's  congratula- 
tions^ upon  the  ^^  general  aspect  of  prosperity,  contentment 


394^  ANSWER  OF  THE  HOUSE. 

and  happiness  which  our  country  exhibits."  It  could  not 
be  expected,  that  the  people  would  immediately  accommo- 
date their  feelings,  views  and  habits,  to  such  a  sudden 
change,  as  was  produced  by  the  termination  of  a  conflict,  in 
which  the  whole  world  seemed  to  have  been  engaged.  W  hen 
those  habits  of  frugality  and  temperance,  necessary  in  the 
existing  state  of  things,  are  established ;  when,  by  the  ex- 
tension of  commerce,  the  enterprize  of  our  merchauts  shall 
have  discovered  the  most  lucrative  sources  of  trade ;  when 
our  imports  shall  be  reduced  to  the  value  of  our  exports  and 
the  demand  for  consumption,  we  may  anticipate  the  enjoy- 
ment of  most  of  the  blessings  resulting  from  a  general  peace. 
Yet,  even  then,  the  employment  of  our  tonnage,  which  here- 
tofore engaged  the  labour  of  a  large  part  of  our  population, 
will  not  be  increased ;  nor  its  value,  which  constituted  so 
large  a  portion  of  our  capital,  be  enhanced.  Though  the 
price  of  ships  in  every  quarter  of  the  globe  has  greatly  di- 
minished,  the  excessive  reduction  of  ours  must  principally 
be  imputed  to  the  practical  operation  of  our  treaty  with  Great 
Britain  ;  which,  while  it  admits  the  prohibition  on  her  part 
of  the  importation  of  any  article  of  our  own  growth,  produce 
or  manufacture,  in  American  ships,  into  her  West- India  co- 
lonies, authorizes  the  entrance  into  our  ports  of  British  ships 
with  the  produce  of  those  colonies.  Thus  has  she  become 
the  carrier  of  all  articles  which  are  the  growth,  produce  or 
manufacture  of  both  countries.  May  we  not  be  permitted 
to  anticipate,  from  the  friendly  relations  existing  between  us, 
that  some  amicable  arrangement  will  soon  be  made,  by  which 
our  commercial  operations  with  those  colonies,  shall  better 
conform  to  those  principles  of  reciprocity,  upon  which  the 
treaty  was  intended  to  be  founded. 

May  no  ambitious  desire  for  the  extension  of  our  territo- 
ry, and  no  exalted  opinion  of  our  strength,  interrupt  our  en- 
joyment of  peace,  the  greatest  blessing  of  Heaven  to  a  na- 
tion. And  if  war  with  any  foreign  power  should  unfortuately 
befal  us,  may  it  appear  on  our  part  to  be  founded  on  princi- 
ples which  shall  render  it  both  just  and  necessary.  "Hap- 
py will  it  be  for  us,  if  we  learn  wisdom  from  experience  : 
if  from  the  force  of  circumstances,  we  are  taught  the  value 
of  circumspection  and  economy,  of  industry  and  moderation." 

In  the  adoption  of  measures  for  the  public  happiness,  the 
House  of  Representatives  tender  to  your  Excellency  their 
most  cordial  co-operation. 


RESOLVES 


J^rOVEMBEE,  1816. 


CHAP.  LXXV. 

Resolve  autliorizing  the  Circuit  Court  of  Common  Pleas 
for  the  Western  Circuity  to  receive  returns  of  votes  for 
a  Register  of  Deeds,  for  the  County  of  Worcester,  No- 
vember 18th,  1816. 

Resolved,  That  the  Justices  of  the  Circuit  Court  of  Com- 
mon Pleas  for  the  Western  Circuit,  at  the  term  of  said 
Court,  next  to  be  holden  at  Worcester,  within  and  for  the 
county  of  Worcester,  on  the  second  Monday  of  December 
next,  may  open  and  examine  the  returns  of  votes  from  the 
several  towns  in  said  county,  for  a  Register  of  Deeds, 
made  returnable  to  said  Court ;  and  in  case  of  a  choice  may 
declare  the  same,  and  proceed  in  the  same  manner  as  if 
said  term  were  a  regular  term,  for  the  transaction  of  session 
business ;  and  the  said  returns  and  proceedings  thereon 
shall  be  valid ;  and  in  case  there  shall  be  no  choice,  the 
said  Justices  may  then  and  at  each  successive  term  of  said 
Courts  of  Common  Pleas,  until  a  choice  is  effected,  proceed 
Vi'itli  regard  to  the  election  of  Register  in  the  same  manner 
as  any  Courts  for  the  transaction  of  session  business  are 
now  by  law  authorized  to  do. 
39 


296  N.  NOYES— E.  LINCOLN.— JVor.  18,  1816. 

CHAP.  LXXVL 

Mesolve  on  the  Fetition  of  JS*atlian  JS^oyes, 
November  18tli,  1816, 

Sesolved,  That  the  Committee  of  Accounts  he  author- 
ized  to  examine  the  account  of  Nathan  Noyes,  of  New- 
buryport,  in  the  county  of  Essex,  physician,  for  medical 
aid,  medicine,  and  attending  to  State  paupers,  and  to  allow 
the  same,  or  any  part  thereof,  if  they  think  proper,  not- 
withstanding said  account  is  of  more  than  two  years  stand- 
ing ;  any  Resolve  to*the  contrary  notwithstanding. 

CHAP.  LXXVIL 

Resolve  on  the  Petition  of  Ejihraim  Lincoln^  authorizing 
the  sale  of  the  Estate  of  Minor  Children  of  Metapher 
Chace,  Esq,  deceased,     November  SOth,  1816. 

On  the  petition  of  Ephraim  Lincoln,  of  Leominster,  in 
the  county  of  Worcester,  guardian  of  Abigail  and  Louisa 
Chace,  of  said  Leominster,  minors  and  children  of  Me- 
tapher  Chace,  late  of  said  Leominster,  Esquire,  deceased, 
setting  forth,  that  as  heirs  of  said  Metapher,  they  are  seized 
in  common  and  undivided  of  one  seventh  part  each  of  the 
reversion  of  two  acres  and  fifty-eight  rods  of  land,  with  a 
dwelling-house  and  barn  thereon, ^situate  near  the  meeting- 
house in  said  Leominster,  bounded,  beginning  at  a  heap  of 
stones  near  the  house,  and  runs  west  twenty-three  degrees 
north,  thirty-one  and  a  half  rods  by  the  road,  then  north 
thirty  one  degrees  east,  twelve  rods,  by  land  improved  by 
Jacob  Hall,  then  east  twenty-three  degrees  south,  thirty- 
one  and  three  fourths  of  a  rod  to  the  road  leading  to  Lunen- 
burg, then  south  thirty-three  degrees  west  by  said  road 
twelve  rods  to  where  it  began,  being  part  of  the  land  set 
off  to  their  mother  Maria  Chace,  as  her  dower  in  the  estate 
of  said  Metapher  deceased  : 

Resolved,  For  reasons  set  forth  in  said  petition,  that  the 
said  guardian  be,  and  he  is  hereby  authorized  and  em- 
powered to  sell  all  the  right,  title  and  interest  of  the  said 


STATE  PRISON— BxVNK  STOCK.-^Jror.SO,1816.297 

Abigail  and  Louisa,  in  the  premises  aforesaid,  at  private 
sale,  to  the  inhabitants  of  the  town  of  Leominster,  or  to 
such  individual  or  individuals  as  the  said  Maria  and  the 
other  children  of  said  deceased,  or  their  or  either  of  their 
Assigns,  may  sell  the  same  to,  and  upon  such  terms  and 
conditions  as  the  owners  of  the  other  five  sevenths  of  the 
reversion  of  said  premises,  shall  agree  upon;  and  good  and 
sufficient  deed  or  deeds  of  conveyance  thereof  to  make  and 
execute,  which  deed  or  deeds,  when  duly  acknowledged 
and  recorded  in  the  registry  of  deeds  for  the  county  of 
Worcester,  shall  make  a  complete  and  legal  title  of  the 
right  of  the  said  Abigail  and  Louisa,  in  the  premises  to  the 
purchaser  or  purchasers  thereof:  Provided  the  said  Ephra- 
im  Lincoln  first  give  a  bond  with  sufficient  sureties,  to  the 
Judge  of  Probate  for  the  said  county  of  Worcester,  that 
the  proceeds  of  such  sale,  after  the  payment  of  the  just 
debts  of  the  said  Abigail  and  Louisa,  taxes,  and  other  legal 
expenses  and  incidental  charges,  shall  be  put  on  interest  on 
good  security,  and  that  the  same  shall  be  disposed  of  a- 
greeable  to  the  rules  of  law\ 

CHAP.  LXXVIIL 

Resolve  appropriatins;  810,000  for  the  State  Prison, 
November  20th,  1816. 

Hesolved,  That  there  be  allowed  and  paid  out  of  the 
public  Treasury,  for  the  use  of  the  State  Prison  the  sum  of 
ten  thousand  dollars,  to  be  drawn  from  the  Treasury  by  the 
Warden  of  said  Prison,  in  such  sums  as  the  Directors  shall 
from  time  to  time  direct ;  and  his  Excellency  the  Governor, 
with  the  advice  of  Council,  is  hereby  requested  to  draw  his 
warrant  on  the  Treasurer  for  said  sum  accordingly. 

CHAP.   LXXIX. 

Resolve  authorizing  the   Treasurer  to  sell  and  transfer 

Stock  to  the  Boston  and  Union  JBatks, 

November  aotli,  1816. 

Whereas  by  the  ninth  section  of  the  several  acts  jncor» 


S9S  BANK  STOCK.— mu.  20,  1816. 

poratifig  the  President,  Directors  and  Company  of  tlic 
Boston  Bank,  and  the  President,  Directors  and  Company 
of  the  Union  Bank,  the  said  Corporations  are  each  held 
and  obliged,  after  nine  months  notice,  to  purchase  oi  the 
Commonwealth,  it's  share  of  the  Capital  Stock  owned  in 
the  said  Banks,  or  any  part  thereof,  at  par ;  jpvovided,  that 
not  more  than  one  half  of  said  Stock  shall  be  purchased  at 
one  time  :  And  whereas,  in  pursuance  of  a  Resolve  passed 
the  fifteenth  day  of  February  last,  the  Treasurer  of  this 
Commonwealth  did,  on  the  twentieth  day  of  the  same  month, 
notify  each  of  those  Corporations  to  purchase  the  said  Stock, 
according  to  the  terras  and  conditions  specified  in  their  re- 
spective acts  of  incorporation,  whereby  the  payment  of  one 
half  of  said  Stock  will  become  due  and  payable  on  the 
twentieth  day  of  November  instant : 

And  whereas  the  Corporation  of  the  IJoston  Bank  have 
signified  their  readiness  to  purchase  the  whole  of  the 
said  Stock,  at  the  same  time  at  par,  and  make  payment  in 
the  foUoAving  manner,  viz  : 

In  notes  issued  by  the  Treasurer,  for  monies 
borrowed  of  the  said  Bank,  for  the  use  of 
the  Commonwealth,  to  the  amount  of  33,000 

In  Massachusetts  six  per  cent  stock,  issued  to 
the  said  Bank,  for  monies  loaned  to  the 
Commonwealth?  for  defence,  183,000 

And  in  six  per  cent  funded  stock  of  the  Uni- 
ted States,  now  in  the  hands  of  said  Bank, 
being  the  unredeemed  balance  of  six  hun- 
clred  thousand  dollars,  originally  deposited 
by  the  Conimonwealth,  at  par,  for  the  shaie 
of  the  Commonwealth's  stock  in  said  Bank,  113,136 
And  the  residue,  in  money  payable  in  three 

months,  with  interest,  being  271j864« 


Making  600,000 


And  the  Corporation  of  the  Union  Bank  ha- 
ving signified  their  readiness  to  comply  with 
the  requisition  made  on  them  to  purchase 
the  one  half  of  the  Commonwealth's  stock 
in  that  Institution,  at  par,  by  paying  there;^ 
for,  as  follows,  viz  : 


PARISH  IN  ALFRED. JVov,  SS,  1S16.  S99 

Notes  issued  by  the  Treasurer,  for  monies 
borrowed  of  the  said  Bank,  for  the  use  of 
the  Commonwealth,  to  the  amount  of  10,000 

In  Massachusetts  six  per  cent  stock,  issued  to 
said  Bank,  for  monies  borrowed  for  the  use 
of  the  Commonwealth,  for  defence,  148,250 

And  the  balance,  in  money  payable  in  three 
months,  with  interest,  41,750 

Making  S00,000 

^esolvedf  That  the  Treasurer  of  this  Commonwealth  be, 
and  he  hereby  is  authorized  and  empowered,  to  sell  and 
transfer  to  the  President,  Directors  and  Company  of  the 
Boston  Bank,  the  whole  of  the  capital  stock  belonging  to 
the  Commonwealth,  on  the  terms  and  conditions  stated  in 
the  foregoing  preamble ;  and  to  sell  and  transfer  to  the  Pre- 
sident, Directors  and  Company  of  the  Union  Bank,  one 
half  of  the  capital  stock  belonging  to  the  Commonwealth, 
on  the  terms  and  conditions  stated  in  the  foregoing  pre- 
amble. 

Resolved^  That  as  soon  as  the  said  Boston  and  Union 
Banks  shall  have  so  purchased  the  capital  stock  belonging 
to  the  Commonwealth,  as  aforesaid,  the  capital  stock  in 
those  Banks  shall  be  reduced  in  the  same  proportion  :  Pro- 
vided, however  f  that  the  said  Banks  shall  each  be  hold  en 
to  pay  such  tax  as  is,  or  may  be  required  by  law,  in  pro- 
portion to  the  capital  which  such  Bank  may  respectively 
have.  Provided  also,  that  the  Commonwealth  shall  never 
at  any  one  time,  stand  indebted  to  said  Banks  without  their 
consent,  for  a  larger  sum  than  twenty  per  centum  of  their 
capital  stock,  any  thing  in  their  acts  of  incorporation  to  th« 
contrary,  notwithstanding. 


CHAP.  LXXX. 

Resolve  on  the  proceedings  of  a  Parish  in  Alfred. 
November  asd,  1816. 

On  the  petition  of  Joha  Holmes;  in  behalf  of  the  Congre- 


300     M.  DOLBEA.R  AND  OTHERS.— JVou.  S3,  1816. 

gational  parish,  ia  Alfred,  in  the  county  of  York,  setting 
forth  that  the  proceedings  of  said  Parish,  in  the  choice  of 
parish  officers,  and  in  other  respects,  were  irregular,  and 
praying  that  they  may  be  made  valid  : 

Hesolvedf  That  the  proceedings  aforesaid  be  made  valid 
and  effectual,  to  all  intents  and  purposes,  said  irregularities 
notwithstanding. 


CHAP.  LXXXI. 

Resolve  on  tJie  j^^tition  of  JSlary  Dolbear  and  others,  in  an 

action  icith  the  heirs  of  Gibbs  Atkins^  deceased, 

November  23d,  18l6. 

On  the  petition  of  Mary  Dolbear,  in  her  own  right,  and 
as  Guardian  to  Nancy  Dolbear,  Joseph  Dolbear,  and  Eli- 
zabeth Dolbear,  minors  ;  Nathaniel  Bell,  Robert  Farnum, 
and  Thomas  Edmonds,  Guardian  to  John  Farnum,  a  mi- 
nor, praying  for  the  assistance  of  this  Commonwealth,  in 
defence  of  a  certain  action  brought  by  Elizabeth  Gilbert 
et  al.  heirs  at  law  of  Gibbs  Atkins,  late  of  Boston,  in  the 
county  of  Suffolk,  deceased,  against  said  Nathaniel  Bell, 
their  tenant  in  possession,  to  recover  possession  of  a  certain 
messuage  or  parcel  of  land  situated  at  the  corner  of  Mid- 
dle-street and  Proctor's  lane,  in  said  Boston,  which  was 
conveyed  by  this  Commonwealth  to  Nathaniel  Hickman, 
late  of  said  Boston,  deceased ;  under  whom  the  said  peti- 
tioners claim  as  heirs  at  law,  by  deeds  of  warranty  : 

Resolved,  For  reasons  set  forth  in  said  petition,  that  the 
Attorney  General,  or  Solicitor  General  of  this  Common- 
wealth be,  and  they,  or  either  of  them,  are  hereby  authori- 
zed to  appear  on  behalf  of  this  Commonwealth,  and  take 
upon  them  the  defence  of  said  action,  brought  by  said  Eliza- 
beth Gilbert  et  al.  against  said  Nathaniel  Bell,  as  the  tenant 
in  possession  of  said  real  estate,  under  the  said  petitioners ; 
or  to  prosecute  any  writ  or  writs  of  review  in  said  action, 
and  to  examine  into  the  title  of  Elizabeth  Gilbert  and  others 
thereto ;  or  to  commence  and  prosecute  any  suit  or  action  in 
tiie  name  of  the  Commonwealth,  for  the  benefit  of  the  said 
Mary,  and  others,  the  petitioners  herein  mentioned,  and  at 


A.  FISKE  TO  EXEC  .A  DEED, -JVbu.  S3,  1816.    301 

their  expense,  which  shall  be  necessary  to  determine  the 
right  and  title  to  the  premises. 


CHAP.  LXXXII. 

Hesolve  authorizing  Mner  FisJce,  as  J.dministrafor  on  the 
instate  of  David  Fiske,  jim.  of  Holliston,  to  execute  a 
deed,     November  23d,  1816. 

On  the  petition  of  Abner  Fiske,  Administrator  of  the 
estate  of  David  Fiske,  jun.  late  of  Holliston,  in  the  county 
of  Middlesex,  deceased,  setting  forth  that  the  said  David 
Fiske,  jun.  in  his  life  time  did  contract  with  Timothy  Fiske, 
of  the  same  Holliston,  physician,  to  exchange  with  him 
certain  lands  and  premises  described  in  said  petition,  and  to 
pay  him  the  sum  of  one  hundred  and  five  dollars,  the  esti- 
mated difference  in  the  value  of  said  premises,  but  died 
before  the  necessary  deeds  could  be  made  and  executed ; 
and  that  it  would  be  for  the  interest  of  the  heirs  of  said 
estate  and  all  concerned,  to  have  said  contract  carried  into 
full  and  complete  effect :   Therefore, 

Resolved,  That  the  said  Abner  Fiske,  as  he  is  Adminis- 
trator of  the  estate  of  the  said  David  Fiske,  jun.  deceased, 
be,  and  he  is  hereby  authorized  and  empowered  to  execute 
a  good  and  sufficient  deed  to  the  said  Timothy  Fiske  of  a 
tract  of  land  lying  in  said  Holliston  and  bounded  as  fol- 
lows, viz.  beginning  at  the  south-west  corner  of  the  Cow^- 
yard  wall,  belonging  to  the  heirs  of  said  estate ;  thence  one 
hundred  and  twenty  feet  by  said  wall,  northerly,  to  a  stake 
and  stones ;  thence  westerly  by  said  heirs'  land  one*  hun- 
dred and  eighty-two  feet  to  a  stake  and  stones  at  Bogestow 
brook  ;  thence  down  said  brook  one  hundred  and  fifteen 
feet  to  a  stump  and  stones  in  the  brook ;  thence  easterly  on. 
aaid  Timothy's  land  one  hundred  and  eighty  feet  as  the 
wall  now  stands  to  the  bounds  first  mentioned,  containing 
©ne  half  of  an  acre,  be  the  same  more  or  less,  together  with 
the  dairy  house  and  sheds,  and  yard  room  contiguous  south^ 
and  bounded,  beginning  at  a  stone  set  up  on  end  at  the  Cow- 
yard  at  the  north  east  corner  of  the  premises  ;  thence  south- 
erly, eighty  feet  to  a  stone  at  the  town  way ;  thence  w  est- 


303    PETITION  OF  E.  MITCHELL.— JV'ou.  23, 1816. 

erly  by  said  way  to  the  brook ;  thence  up  said  brook  to  a 
stone  and  stump  in  the  brook ;  thence  easterly,  southerly 
and  easterly  to  the  bounds  first  mentioned.  And  also  to 
pay  to  the  said  Timothy  Fiske  the  sum  of  one  hundred  and 
iive  dollars,  from  the  estate  of  said  deceased  :  and  the  Judge 
of  Probate  for  the  county  of  Middlesex,  is  hereby  author- 
ized to  allow  said  sum  to  said  Administrator  in  the  settle- 
ment of  his  account  of  administration  :  Provided  never- 
theless, that  previous  to  the  delivery  of  said  deed,  and  the 
payment  of  said  sum  of  money,  the  said  Timothy  Fiske 
shall  execute  and  deliver  to  Betsey  Fiske,  Timothy  Fiske, 
Hannah  Fiske,  Reuben  Eames  Fiske,  and  William  Fiske, 
the  children  and  heirs  at  law  of  the  said  David  Fiske,  jun. 
deceased,  a  good  and  sufficient  deed  of  the  following  tract 
of  land  with  the  buildings  thereon,  to  wit,  bounded,  begin- 
ning at  the  south  east  corner  of  the  house  ;  thence  through 
said  house  to  the  north  west  back  door ;  thence  northerly 
eighty- two  feet  on  land  of  said  heirs  to  a  small  pear-tree  at 
the  wall ;  thence  sixty-three  feet  south  westerly  to  a  corner 
in  the  Cow-yard  wall;  thence  westerly  fifty- seven  feet  in  a 
line  with  said  wall  to  a  stone  set  up  on  end  in  the  ground, 
thence  southerly  eighty  feet  to  the  road  leading  from  HoUis- 
ton  to  Sherburne,  at  a  stone  set  up  on  end  in  the  ground ; 
thence  easterly  by  said  road  until  it  meets  the  wall  on  said 
road  at  the  east  end  of  said  house ;  thence  to  the  bounds 
first  mentioned,  containing  one  fourtli  of  an  acre,  more  or 
less,  together  with  all  the  privileges  thereto  belonging, 
except  the  privilege  of  the  well  of  water  on  said  premises  : 
Provided  the  said  Timothy  shall  set  out  and  convey  to 
Hannah  Fiske,  the  widow  of  the  deceased,  her  dower  in  the 
premises  so  conveyed  by  the  said  Timothy,  bysucli^deed 
or  assurance  as  shall  entitle  her  to  hold  the  same  as  a  good 
estate  for  life,  having  all  the  incidents  and  appurtenances 
of  dower  on  her  releasing  to  the  said  Timothy  her  dower, 
in  the  premises,  conveyed  to  him  by  said  Administrator. 

CHAP.  LXXXIII. 

llesolve  on  Petition  of  Edtvard  Mitchell^  jun.  authorizing 
him  to  sell  Indian  lands,     November  S3d,  1816. 

On  the  petition  of  Edward  Mitchell,  jun.  of  Bridge  water. 


J.  WHITCOMB  NEW  S.NOTE.— JVt?!?.  23, 1816.  303 

in  the  county  of  Plymouth,  Guardian  of  the  Indians  in  said 
town,  and  over  all  the  Indian  lands  situated  therein,  prayin^; 
that  he  maybe  authorized  to  sell  by  public  auction,  the  land 
of  one  Robert  Pegin,  an  Indian,  late  of  said  Bridgewater, 
deceased,  for  the  payment  of  said  Pegin's  just  debts  : 

Resolved,  That  the  said  Edward  Mitchell,  jun.  Guard- 
ian as  aforesaid,  be,  and  he  hereby  is  authorized  and  em- 
powered to  sell  by  public  auction,  all  the  real  estate  lately 
belonging  to  Robert  Pegin,  late  of  Bridgewater,  in  the 
county  of  Plymouth,  Indian  man,  deceased,  and  of  which 
he  died  seized  and  possessed;  and  to  make  and  execute 
good  and  sufficient  deed  or  deeds  thereof  to  the  purchaser 
or  purchasers ;  and  the  proceeds  thereof  to  appropriate  to 
the  payment  of  the  said  Pegin's  just  debts  and  funeral 
charges,  so  far  as  may  be  necessary  for  these  purposes, 
and  the  remainder,  if  any,  to  hold  in  trust  for  the  use  and 
benefit  of  the  heirs  at  law  of  the  said  Pegin,  or  otherwise 
account  for  and  pay  over  said  remainder  or  surplus,  if  any, 
as  the  law  may  at  any  time  require:  Provided  that  the  said 
Guardian  first  give  bonds,  with  sufficient  sureties,  to  the 
Judge  of  Probate  for  said  county  of  Plymouth,  to  observe 
the  duties  enjoined  upon  him  by  this  resolve,  and  that  he 
give  previous  notice  of  the  sale,  by  posting  up  notifications 
thereof  in  the  same  manner  as  Guardians,  Executors  and 
Administrators  are  required  by  law  to  do,  when  authorized 
by  the  Judicial  Courts  to  sell  real  estate,  and  to  take  the 
same  oath  which  they  are  by  la-W  required  to  take  previous 
to  such  sale :  And  provided  also,  that  the  said  Guardian  pre- 
sent an  account  of  his  doings  herein  under  oath  to  the  said 
Judge  of  Probate,  within  six  months  after  the  sale  of  such 
real  estate,  who  is  hereby  authorized  to  receive,  allow  and 
settle  the  same. 


CHAP.  LXXXIV. 

llesolve  ^rantins;  John  Whitcomb  a  new  State  note. 
November  23d,  1816. 

On  the  petition  of  John  Whitcomb,  praying  for  the  re- 
newal of  a  State  note  : 

Resolved,  For  reasons  set  forth  in  said  petition,  that  the 
Treasurer  of  this  Commonwealth  be.  and  he  is  hereby  di- 
40 


30'li  SEC.  SUBSCRIBE  FOR  MAPS.— JVoi;.  23,  1816. 

reeted,  to  issue  to  the  said  Jobn  Whitcomb  anew  State  note 
of  the  same  tenor  and  date  as  the  note  destroyed;  that  is. 
a  note,  number  one  hundred  and  fifty — of  dale  July  the 
sixth,  one  thousand  eight  hundred  and  ten — for  ninety. si:i 
dollars  and  seventy  cents,  and  to  endorse  thereon  the  inter- 
est that  has  been  paid  ;  he,  the  said  Whitcomb,  first  making 
affidavit  before  some  Justice  of  the  Peace,  to  the  truth  of 
the  facts  stated  in  his  petition,  and  giving  bond  to  the  Trea- 
surer of  the  Commonwealth,  in  the  penal  sum  of  two  hun- 
dred dollars,  with  one  or  more  sureties,  to  secure  the  Com- 
monwealth against  any  loss  that  may  happen  in  conse- 
quence of  the  renewal  of  said  note. 


CHAP.  LXXXV. 

Resolve  authorizing  the  Secretary  of  the  Commonwealth  to 
subscribe  for  Maps  of  the  United  States. 
November  33d,  1816. 

liesolved,  That  the  Secretary  be  directed  to  subscribe 
for  three  copies  of  Samuel  Lewis'  Map  of  the  United 
States  of  North  America,  for  the  use  of  the  Governor  and 
Council,  and  the  two  Branches  of  the  Legislature  of  this 
Commonwealth;  and  for  two  copies  of  Shelton  and  Ken- 
sett's  Map  of  the  United  States,  one  for  the  use  of  the 
Adjutant  GeneraFs  office,  and  the  other  for  the  use  of  the 
Q^uarter  Master  General's  office  of  this  Commonwealth. 


CHAP.  LXXXVL 

Gentlemen  of  the  Senate^  and 

Gentlemen  of  the  House  of  llej^resentativeSj 

The  quantity  of  ordnance,  small  arras,  accoutrements  and 
camp  equipage  in  possession  of  tire  Quarter  Master  Gene- 
ral, requiring  much  larger  buildings  than  belong  to  the 
Commonwealth,  the  Legislature  have  passed,  at  sundry 
times,  resolves  making  appropriations  for  erecting  a  com- 
petent number  of  arsenals  for  their  accommodation  :  that 
the  Legislature  may  be  fully  acquainted  with  the  state  of 
that  business,  I  liav6  instructed  the  Secretary  to  lay  before 


MUN&O  MACKAY.— JV^oL-.  S5,  1816.  305 

you  a  report  of  a  committee  of  Council,  to  whom  the  sub- 
jects of  those  resolves  have  been  referred,  together  with 
a  communication  touching  tlie  same,  recently  made  to  me  by 
the  Quarter  Master  General. 

JOHN  BROOKS. 
Council  Chamber,  JVoi?.  2Sd,  1816. 


CHAP.  LXXXVir. 

Resolve  on  the  petition  of  the  IHxecutors  of  the  Will  of 

Miingo  Maelcay,  authorizing!:  the  sale  of  Real  Estate, 

November  ioih,  1816. 

Upon  the  petition  of  Ruth  Mackay,  John  Mackay,  and 
Samuel  Parkman,  the  Executors  of  the  last  will  and  testa- 
ment of  Mungo  Mackay,  late  of  Boston,  in  the  county  of 
Suffolk,  merchant,  deceased,  testate,  stating  that  the  said 
testator,  in  and  by  his  last  will  and  testament,  did  order  and 
direct,  that  after  paying  his  just  debts,  and  legacies,  and  the 
proportion  of  his  estate  left  at  his  decease  given  to  his  chil- 
dren, and  to  his  wife  during  her  natural  life  ;  the  residue 
of  his  estate,  both  real  and  personal,  be  sold  or  divided  be- 
tween his  sons  and  daughters,  and  his  grand  daughter,  Sal- 
ly  Mackay  Hunt,  as  in  his  said  will  is  set  forth ;  and  also 
stating,  that  said  residue  of  said  testator's  real  estate  consists 
of  two  dwelling  houses,  one  of  them  situated  in  Hancock- 
street,  in  said  Boston,  and  the  other  is  situated  in  Cam- 
bridge-street, in  said  Boston,  and  are  incapable  of  any  di- 
vision  in  manner  as  mentioned  in  said  will  ;  and  praying 
for  authority  to  sell  and  convey  the  said  residue  of  said  real 
estate,  according  to  the  intention  of  said  testator  : 

Resolved,  That  the  prayer  of  said  petition  be,  and  it  is 
hereby  granted ;  and  the  said  Executors,  or  either  of  them, 
are  hereby  authorized  and  empowered  to  make  sale  of  said 
residue  of  said  real  estate,  consisting  of  two  dwelling  houses, 
one  of  which  is  situated  in  said  Hancock-street,  and  the 
other  is  situated  in  Cambridge-street,  in  said  Boston,  with 
the  land  under,  and  adjoining  the  same,  being  part  of  the  real 
estate  of  said  testator,  either  at  public  or  private  sale,  as  the 
said  Executors,  or  either  of  them  shall  judge  most  benefi- 
cial ;  first,  hov/ever,  receiving  the  written  approbation  of 
fhc  Judge  of  Probate  for  the  county  of  Suffolk,  and  to  be 


306     S.  ARMS— J.  AVELLINGTON.—JV^ov.  25,  1816. 

recorded  in  the  Probate  Office  ;  and  giving  bonds,  with  sure- 
ties to  the  said  Judge,  to  his  satisfaction,  conditioned  to  ap- 
propriate the  proceeds  of  the  sale  of  said  estates  according 
to  law,  and  the  directions  in  said  will  expressed  :  and  said 
Executors,  or  either  of  them  are  hereby  authorised  to  make, 
execute  and  deliver  to  any  purchaser  or  purchasers  as  good 
sufficient  deed  or  deeds  of  conveyance  therefor,  as  the  said 
testator  would  have  done,  if  living. 


CHAP.  LXXXVIII. 

Hesolve  directing  the  Quarter  Master  General  to  cause  to 
he  marked  all  small  arms,  ivhicli  do,  or  may  belong  to  the 
State.     November  25ih,  1816. 

Mesolved,  That  the  Quarter  Master  General  be,  and  he  is 
hereby  authorized  and  directed  to  cause  an  appropriate  mark 
to  be  affixed  to  all  the  arms  now  belonging  to  the  Common, 
wealth,  or  that  may  hereafter  be  received  in  his  department 
as  such. 


CHAP.  LXXXIX. 

Mesolve  on  the  petition  of  Jeduthan  Wellington,  directing 
the  Solicitor  General  to  ascertain  the  fee  of  certain  land 
in  West  Cambridge,     November  36th,  1816. 

llesolved.  That  the  Solicitor  General  be  directed  to  ex- 
amine and  inquire,  whether  the  fee  of  the  land,  mentioned  in 
the  petition  of  Jeduthan  Wellington  and  others,  lying  in 
West  Cambridge,  is  now  vested  in  this  Commonwealth  ; 
and  that  he  report  a  state  of  facts  in  relation  to  the  same,  to 
the  next  Legislature,  on  the  first  week  of  the  first  session 
thereof. 


CHAP.  XC. 

Mesolve  on  the  'petition  of  George  Robb,  permitting  him  to 
transport  certain  jficMed  fish  to  J^ew- Orleans,  without  in- 
spection.    November  26th,  1816. 

On  the  petition  of  George  Robb,  lately  of  Leitb,  in  the 


FIRST  PARISH  IN  POWNAL.— .i\"ou.  26,  1816.    307 

county  of  Edinburgh,  in  Scotland,  niercljant,  stating  that 
he  has  shipped  from  Halifajc  in  the  Province  of  Nova  Sco- 
tia, one  hundred  and  thirty -two  barrels  of  pickled  Fish,  and 
landed  the  same  in  Boston,  in  the  United  States,  with  a  de- 
sign to  carry  them  to  New-Orleans,  in  the  United  States, 
the  place  of  his  intended  future  residence^  and  praying  that 
lie  may  be  authorized  and  allowed  to  ship  the  same  on  board 
some  vessel  bound  to  New  Orleans  aforesaid,  without  in- 
spection, according  to  the  laws  of  this  Comoionwealth,  re- 
gulating  the  inspection  of  pickled  fish  :  1  herefore 

Resolved,  For  reasons  set  forth  in  said  petition,  that 
the  said  Greorge  Robb  be,  and  he  hereby  is  authorized 
and  allowed  to  ship  the  said  barrels  of  fish  on  board  any 
vessel  bound  to  said  New  Orleans,  and  transport  the  same 
thither,  without  inspection,  according  to  the  laws  of  this 
Commonwealth;  and  the  Inspector  Greneral  of  this  Com- 
monwealth is  hereby  directed  to  grant  a  certificate  that  the 
said  barrels  of  fish  are  not  liable  to  inspection. 


CHAP.  XCI. 

Mesolve  confirming  the  Records   and  Assessments  of  the 
first  parish  in  Fownal,     November  26th,  1816. 

On  the  petition  of  Edward  Tonipson,  Josiah  Lovell,  and 
Benjamin  Soule,  a  Committee  in  behalf  of  the  First  Con- 
gregational Parish  in  the  town  of  Pownal,  in  the  county  of 
Cumberland,  praying  that  the  records  and  assessments  of 
said  parish  may  be  confirmed  and  rendered  valid  in  law  : 

Resolved,  For  reasons  set  forth  in  said  petition,  that  the 
records  and  assessments  of  the  said  first  parish  shall  be 
confirmed,  and  made  valid  in  law,  notwithstanding  the 
omission,  or  neglect  of  the  Officers  thereof,  in  not  taking  tkf 
official  oaths  required  by  law  in  like  cases. 


CHAP.  XCII. 

Resolve  mating  valid  the  doings  of  the   town   of  Lisbon, 
November  S6tli,  1816. 

On  the  petition  of  the  Selectmen  of  the  town  of  Lisbon, 


SOS      SOL.  GEN.  TO  QUIT  CLAIM.— JVor.  26,  1816^ 

in  the  county  of  Lincoln,  praying  that  a  resolve  may  be 
passed,  confirming  the  doings  of  said  town,  in  certain  par- 
ticulars set  forth  in  said  petition  :  Therefore 

Resolved,  That  the  doings  of  said  town  of  Lisbon, 
in  having  their  warrants  for  calling  toAvu  meetings, 
posted  up  by  their  Selectmen,  and  in  not  recording  their 
warrants,  and  in  having  them  improperly  signed,  shall  not 
hereafter  make  invalid  or  illegal  any  of  the  doings  of  said 
town ;  but  the  doings  of  said  town  in  the  Bame  are  hereby 
confirmed  and  made  valid  in  law ;  any  of  the  irregularities 
aforesaid  notwithstanding. 


CHAP.  XCIIL 

Jlesolve  authorizing  the  Solicitor  General  to  quit  claim  the 
Commonwealth's  right  and  title  to  Josejjh  Stone- s  estate^ 
in  Harvard,     November  S6th,  1816. 

On  the  petition  of  the  Solicitor  General  of  this  Com- 
monwealth,  requesting  direction  respecting  a  compromise 
with  the  mortgagees  of  tlie  estate  of  Joseph  Stone,  of  Har- 
vard, in  the  county  of  Worcester : 

Resolved,  For  reasons  contained  in  said  representation, 
that  the  Solicitor  General  be,  and  he  hereby  is  authorized 
to  quit  claim  to  the  mortgagees  aforesaid,  all  the  right,  title 
and  interest  the  Commonwealth  has  to  the  farm  and  build- 
ings of  the  said  Joseph  Stone,  lying  in  Harvard,  on  which 
has  been  extended  two  warrants  of  distress  in  favor  of  this 
Commonwealth  ;27roiu"rfe^  the  mortgagees  aforesaid  pay  into 
the  Treasury  of  this  Commonwealth,  the  sum  of  one  thou- 
sand dollars,  the  amount  of  the  original  judgments  recovered. 


CHAP.  XCIV. 

Jlesolve   granting  to  the  Solicitor  General  S180,  for  etc- 

penses  and  services  in  survey  of  land  in  Hiram. 

November  S7th,  1816. 

On  the  petition  of  Daniel  Davis,  Esq.  Solicitor  General, 
praying  a  grant  of  a  sum  of  money  suffi«ient  to  defray  the 


PETITION  OF  IBHOOK  EDDY.— 2/ee.  2, 1816.     309 

expenses  already  accrued,  and  accruing,  in  the  survey  of 
the  Commouwealth's  land  in  the  town  of  Hiram,  and  pro- 
secuting two  inquests  of  office  in  relation  to  the  same : 

liesolvedf  For  reasons  set  forth  in  said  petition,  that 
there  be  allowed  and  paid  out  of  the  Treasury  of  this 
Commonwealth,  to  the  said  Solicitor  General,  the  sura  of  one 
hundred  and  eighty  dollars  for  the  expenses  of  said  survey, 
payment  of  witnesses,  and  other  expenditures,  and  his  own 
services  in  the  prosecution  of  said  suits :  The  said  Soli- 
citor to  account  with  the  Treasurer  of  this  Commonwealth 
for  the  said  sum,  upon  a  termination  of  the  suits  aforesaid. 


CHAP.  XCV. 

Resolve  on  the  petition  of  IhrooTc  Eddy,  authorizing  the 
Circuit  Court  of  Common  Pleas  of  the  Third  Eastern 
Circuit,  or  Supreme  Judicial  Court,  to  determine  as  to 
the  right  of  the  Commonwealth  to  lot  JVo.  1,  first  division 
of  lands  in  Eddington.     December  Sd,  1816. 

On  the  petition  of  Ibrook  Eddy,  Administrator  on  the 
estate  of  the  late  Jonathan  Eddy,  deceased,  praying  that 
an  inquest  of  oiTice  may  be  instituted,  to  determine  and 
settle  the  title  to  lot  numbered  one,  in  the  first  division  of 
lands  lying  in  Eddington,  in  the  county  of  Penobscot,  a 
deed  of  which  was  executed  in  behalf  of  the  Common- 
wealth, by  William  Smith,  Esquire,  late  Agent  for  the  sale 
of  eastern  lands,  to  the  heirs  of  one  Robert  Mann,  deceased, 
and  for  a  part  of  which  lot  an  action  is  now  pending, 
brought  by  one  Mary  Nichols,  who  claims  under  the  said 
deed,  against  one  Henry  Call,  which  deed  the  said  Ibrook 
Eddy  alleges  to  have  been  iraprovidently  issued,  and  the 
Commonwealth  deceived  in  its  grant : 

Resolved,  That  the  Circuit  Court  of  Common  Pleas  for 
the  Third  Eastern  Circuit,  in  which  the  said  action  is  now 
pending,  or  the  Supreme  Judicial  Court,  if  the  said  action 
should  be  there  carried  by  appeal  or  otherwise,  be,  and  the 
said  Courts  respectively,  hereby  are  authorized,  with  the 
consent  of  the  demandant  in  the  said  action,  to  hear,  decide 
and  determine  in  the  same,  as  to  the  riglit,  title  and  interest 
of  the  Commonv^ealth  in  and  to  the  said  lot,  (as  well  as  of 
the  parlies  in  the  said  action.)  in  like  manner  and  upon  the 


310     COMPEXSATIOX  TO  M.  C.^Dec.  2,  1816. 

same  principles  as  thou2;h  an  inquest  of  office  or  other  pro- 
cess in  behalf  of  the  Commonwealth,  had  been  instituted. 
and  were  pending  for  the  determination  of  the  title  to  the 
said  lot.  Bat  if  the  demandant  do  not  consent,  as  above- 
mentioned,  then  the  Attorney  General,  or  Solicitor  General, 
is  hereby  directed  to  institute  an  inquest  of  office,  or  such 
process  as  he  may  think  proper,  to  revest  the  Commonwealth 
in  its  title  to  the  said  lot :  Provided,  however,  that  the  said 
Ibrook  Eddy  shall  give  a  bond  with  sureties,  to  the  accept- 
ance of  the  Attorney  General,  or  Solicitor  General,  condi- 
tioned to  pay  all  the  costs,  expenses  and  charges,  which  may 
be  incurred  or  sustained  by  the  Commonwealth,  by  reason 
of  the  institution  and  prosecution  of  such  inquest  or  process. 


CHAP.  XCYI. 

Resolve  on  the  subject  of  Compensation  to  the  JSlemhers  of 
Congress,  agreeable  to  a  late.  law.     December  2d,  1816. 

Resolved,  As  the  sense  of  this  Legislature,  that  the  act  of 
Congress  which  passed  the  nineteenth  day  of  March  last, 
changing  the  mode  and  greatly  increasing  the  compensation 
of  the  Members  of  that  honorable  body,  is  an  innovation 
upon  the  custom,  and  not  congenial  with  the  republican 
principles  of  our  government. 

Therefore,  he  it  further  resolved,  That  the  Senators  and 
Representatives  of  this  Commonwealth  in  Congress,  be  and 
they  are  hereby  requested  to  use  their  influence  to  effect  the 
repeal  of  the  act  aforesaid  :  And  that  his  Excellency  the  Go- 
vernor be  requested  to  transmit  to  each  of  the  Senators  and 
Representatives  of  this  Commonwealth  in  the  Congress  of 
the  United  States,  an  attested  copy  of  the  foregoing  resolu- 
tion. 


CHAP.  XCVII. 

Resolve  granting  to  the  Executrix  of  the  last  loill  of  Peleg 
Coffin,  Esquire,  deceased,  S150.     December  2d,  1816. 

On  the  petition  of  George  W.  Coffin,  Attorney  to  the  Ex- 
ecutrix of  the  last  will  and  testament  of  Peleg  Coffin;  pray- 


AGENTS  FOR  COM.  CLAIMS.— 7)ec.  S,  1816.      31 1 

ing  for  compensation  for  services  rendered  the  Common- 
wealth by  the  late  Peleg  Coffin,  Esquire,  in  selecting  the 
private  and  special  acts  of  said  Commonwealth,  and  con- 
tracting for  the  printing  of  three  volumes,  pursuant  to  a  re- 
solve passed  the  9th  of  February,  1808  : 

Resolved^  For  reasons  set  forth  in  said  petition,  that  there 
be  allowed  and  paid  out  of  the  Treasury  of  this  Common- 
wealth, to  Eunice  Coffin,  Executrix  of  the  last  will  and  tes- 
tament of  Peleg  Coffin,  Esquire,  the  sura  of  one  hundred  and 
fifty  dollars,  in  full  consideration  for  his  services  performed^ 
as  one  of  the  Committee  under  said  resolve  of  the  9th  of 
February,  1803. 


CHAP.  XCVIil. 

Governor's  Message.     December  3d,  1816. 

Gentlemen  of  the  Senate,  and 

Gentlemen  of  the  House  of  Hejpresentatives, 

Major-General  John  Blake,  of  the  tenth  division  of  the 
militia  of  this  Commonwealth,  having  resigned  the  command 
of  that  division,  has  been  discharged,  agreeably  to  his  re- 
quest. 

J.  BROOKS. 

Council  Chamber f  Dec.  3f?^  1816. 

CHAP.  XCIX. 

Uesolve  requesting  the  Governor  to  appoint  Agents  to  pre- 
sent the  claims  of  this  Commonwealth  against  the  United 
States,  for  expenditures  during  the  late  war.  December 
3d,  1816. 

Whereas  by  a  resolve  passed  the  first  day  of  February, 
in  the  year  of  our  Lord  one  thousand  eight  hundred  and  six- 
teen, the  Governor,  with  the  advice  of  the  Council,  was  au- 
thorized to  employ  any  person  or  persons  he  might  think 
proper,  to  present,  at  such  time  as  he  might  deem  expedient; 


di^      AGENTS  FOU  COM.  CLAIMS.— Dec.  3,  1816. 

the  claims  of  this  Commonwealth  against  t!ie  United  States, 
for  military  services  rendered,  and  supplies  furnished,  and 
expenses  incurred,  during;  the  late  war  with  Great- Britain, 
to  such  authority  as  might  be  appointed  to  receive,  examine 
and  allow  the  same  —But  no  such  appointment  by  the  go- 
yernment  of  the  United  States  has  yet  been  made : 

Resolved,  That  his  Excellency  the  Governor  be,  and  here, 
by  is  authorized,  and  requested,  with  the  advice  of  Council, 
to  appoint  one  or  more  Agents,  as  he  may  think  proper,  to 
present  the  aforesaid  claims  and  all  accounts  connected  there- 
tvith,  either  to  the  Congress  of  the  United  States,  or  to  any 
department  of  the  government,  as  may  be  found  expedient, 
and  to  present  any  petition,  or  make  such  application  as  may 
be  thought  proper,  in  behalf  of  this  Commonwealth,  to  the 
government  of  the  United  States,  to  the  end  that  legal  pro- 
vision may  be  made  for  the  adjustment  of  said  claims,  and 
for  the  payment  of  the  balance  due  thereon  to  the  Common- 
wealth. And  such  person  or  persons  as  may  be  appointed 
Agent  or  Agents  as  aforesaid,  are  hereby  fully  authorized  to 
act  in  behalf  of  the  Commonwealth  in  all  matters  relative  to 
said  claim  that  may  be  found  necessary  and  proper  for  the 
accomplishment  of  the  object. 

Be  it  further  resolved.  That  it  shall  be  the  duty  of  the 
person  or  persons  so  appointed,  to  repair  to  the  seat  of  go- 
vernment of  the  United  States,  with  said  claims  and  docu- 
ments, during  the  ensuing  session  of  Congress,  and  use  their 
best  endeavors  to  effect  the  object  of  their  appointment. 

Be  it  further  resolved,  That  the  Senators  of  this 
Commonwealth  in  Congress  be  instructed,  and  the  Repre- 
sentatives requested,  to  afford  to  the  person  or  persons  ap- 
pointed in  virtue  of  these  resolves,  all  the  aid  in  their  power 
for  the  accomplishment  of  the  object  of  their  appointment, 
and  endeavor  to  procure  all  necessary  provision  for  this 
purpose  to  be  made  by  law. 

Be  it  further  resolved,  That  there  be  paid  out  of  the 
Treasury  of  this  Commonwealtli,  to  the  Agent  or  Agents 
appointed  as  aforesaid,  such  sum  as  his  Excellency  the  Go- 
vernor shall  think  necessary  ;  such  Agent  or  Agents  to  be 
accountable  for  the  same :  And  his  Excellency  the  Governor 
is  requested  to  draw  his  warrant  on  the  Treasury  for  the 
same. 


BLANDFORD— J.  H.  VEJUCE.—Bpc.  3,  181G.       313 

CHAP.  C. 

Mesolve  granting  John  Jackson  compensation  for  e.vpenses 

incurred  during  sickness  brought  on  him  while  on 

military  duty.     December  3d,  18 16. 

On  the  petition  of  John  Jackson,  praying  remuneration 
for  time  lost  and  expenses  incurred,  in  consequence  of  ha- 
ving besn  taken  sick  while  doing  military  duty  for  the  de- 
fence of  tlie  Commonwealth,  in  the  county  of  Lincoln,  in  the 
autumn  of  1814. : 

Hesolved,  That  there  be  allowed  and  paid  out  of  the 
Treasury  of  the  Commonwealth,  unto  John  Jackson,  the 
sum  of  seventy-iive  dollars  in  full  for  all  the  considerations 
mentioned  in  said  Jackson's  petition. 

CHAP.  CI. 

Mesolve  on  the  petition  of  the  Selectmen  of  Blandford, 
December  2d,  1816. 

On  the  petition  of  the  Selectmen  of  Blandford,  in  the 
©ounty  of  Hampden,  setting  forth  that  they  have  furnished 
rations,  and  a  baggage  waggon,  for  a  number  of  men  detached 
for  the  defence  of  the  seacoast,  agreeably  to  general  orders 
of  the  thirteenth  of  September,  eighteen  hundred  and 
fourteen,  for  which  they  have  received  no  allowance  : 

Resolv'^'d,  That  there  be  allowed  and  paid  out  of  the 
Treasury  of  this  Commonwealth,  to  the  Selectmen  of  Bland- 
ford, for  the  use  of  said  town,  the  sum  of  iifty-three  dollars 
and  seventy  cents  in  full  of  their  account. 

Resolvedf  That  the  Secretary  of  the  Commonwealth  be, 
and  hereby  is  directed  to  file  in  his  office,  the  sum  allowed 
to  the  Selectmen  of  Blandford,  with  the  claims  of  this  Com- 
monwealth against  the  United  States. 


CHAP.  CII. 

Uesolve  granting  Joseph  H.  Peirce  S75?  for  services  in  the 
War  Office.     December  3d,  1816. 

On  the  petition  of  Joseph  H.  Peirce, 


S14    WILLIAMS'  COL.— E.  CLARK.—Dec.  3,  1816. 

Besolved,  That  the  sum  of  seventy-five  dollars  be  al- 
lowed and  paid  to  Joseph  H.  Peirce,  in  full  for  his  services 
in  the  office  of  the  late  Board  of  War  ;  and  his  Excellency 
the  Governor,  with  the  advice  of  Council^,  is  hereby  request- 
ed to  draw  his  warrant  on  the  Treasurer  accordingly. 


CHAP.  CIIL 

Mesolve  granting  the  President  and  Trustees  of  Williams^ 

College  further  time  to  locate  a  townshijp  of  land. 

December  3d,  181(5. 

On  the  petition  of  the  President  and  Trustees  of  Wil- 
liams'  College,  praying  further  time  to  locate  a  township  of 
land  granted  to  them  by  a  resolve  dated  February  20th,1809: 

Resolved,  That  for  reasons  set  forth  in  said  petition,  fur- 
ther time  of  three  years  from  this  date,  be  allowed  to  the 
President  and  Trustees  of  Williams'  College,  to  locate  said 
township  of  land  ;  and  the  Agents  for  the  sale  of  Eastern 
lands  are  hereby  directed  to  govern  themselves  according- 
ly, any  thing  in  said  resolve  to  the  contrary  notwithstanding. 


CHAP.  CIV. 

Mesolve  on  the  ^petition  of  Edward  Clarli;  Jun.  discharging 
him  from  prison.     December  3d,  1816. 

Mesolvedf  For  reasons  set  forth  in  said  petition,  that  the 
said  Edward  Clark,  Jun.  be,  and  he  hereby  is  discharged 
and  fully  released  from  a  judgment  recovered  by  the  Com- 
monwealth of  Massachusetts  against  him,  by  the  considera- 
tion of  the  Justices  of  the  Supreme  Judicial  Court,  holden 
at  Worcester,  within  and  for  the  county  of  Worcester,  on 
the  second  Tuesday  of  April  last  ;  on  which  judgment  ex- 
ecution issued,  and  said  Claik,  by  virtue  thereof,  was  im- 
prisoned in  the  gaol  in  said  county  of  Worcester,  and  still 
yemains  a  prisoner. — And  the  Sheriff  of  the  county  of  Wor- 
cester is  hereby  authorized  and  directed  to  discharge  said 
Clark  from  his  said  imprisonment ;  provided  he  is  noi  com- 
mitted for  any  other  cause  :  Provided  hoivever,  that  he  first 
pay  the  expense  of  his  board  while  confined  in  said  prison. 


L.HASKELL— N.LORD-S.WAITE.-I>ec.3,18l6.  315 

CHAP.    CV. 

Mesolve  on  the  petition  of  Lois  Haskell, 
December  3(1,  1816. 

On  thepetition  of  Lois  Haskell,  of  NewGloiicester,  widow, 
praying  an  allowance,  in  consequence  of  the  sickness  and 
death  of  her  late  husband,  Ebenezer  Haskell,  which  took 
place  in  the  month  of  October,  1814,  while  he  was  detach- 
ed as  a  soldier  in  the  defence  of  the  Commonwealth : 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Trea- 
sury of  this  Commonwealth,  unto  Lois  Haskell,  widow  of 
the  late  Eben.  Haskell,  the  sum  of  fifty  dollars,  in  full  of 
all  the  considerations  mentioned  in  said  petition. 

CHAP.  CVL 

Mesolve  granting  JVoaJi  Lord,  Jun.  Twenty-five  Dollars, 
December  3,  1816. 

On  the  petition  of  Noah  Lord,  Jun.  of  Lebanon,  praying 
an  allowance  for  having  been  wounded  by  the  accidental 
discharge  of  a  musket,  while  doing  military  duty  on  the  first 
Tuesday  of  May  last : 

Resolved,  That  there  allowed  and  paid  out  of  the  Trea- 
sury of  this  Commonwealth,  unto  Noah  Lord,  Jun.  the  sum 
of  twenty-five  dollars,  in  full  for  all  the  considerations  men- 
tioned in  said  petition. 

CHAP.    CVIL 

Resolve  discharging  Samuel  Waite,  a  prisoner  in  Worces- 
ter  Gaol.     December  3d,  1816. 

On  the  petition  of  Samuel  Waite,  a  prisoner  in  the  Gaol 
in  Worcester,  in  the  county  of  Worcester,  praying  that  he, 
the  said  Samuel  Waite,  may  be  discharged  from  a  judgment 
of  the  Supreme  Judicial  Court,  upon  which  he  is  detained 
in  said  prison : 

Resolved,  For  reasons  set  forth  in  said  petition,  that  the 
said  hSamuel  Waite  be  discharged  from  said  prison,  and 
that  the  fine  and  prosecution   against  him  be  remitted  ; 


316    ELECTORS  OF  PRES.  AND  T.  P.^l>ee.4,18l6. 

and  that  the  keeper  of  said  gaol  be  authorized  to  suffer  hira 
to  go  at  large,  immediately  on  his  paying  the  expense  of 
liis  board  while  confined  in  said  prison :  Provided  the  said 
Waite  be  not  detained  there  for  any  other  cause. 


CHAP.  cvni. 

Resolve  making  valid  the  doings  of  the  town  of  Exeter* 
December  4th,  1816. 

On  the  petition  of  the  Selectmen  of  Exeter,  in  the  coun- 
ty of  Penobscot,  representing  that,  for  sometime  past,  the 
Constables  who  have  warned  town  meetings,  have  made  in- 
sufficient returns  of  their  doings  ;  that  the  town  records 
kept  by  the  Clerk  of  said  town,  are  consequently  incom- 
plete ;  that  some  town  officers  thereof  having  taken  the  re- 
quisite oaths  before  Justices  of  the  Peace,  no  record  has  been 
made  by  the  town  Clerk,  of  such  oaths  having  been  admin- 
istered to  them,  and  that  the  town  records  of  said  Exeter, 
are  defective  in  some  other  particulars,  as  to  the  time  when 
town  officers  were  sworn  :  Therefore 

Resolved,  For  reasons  set  forth  in  said  petition,  that  the 
records  of  the  said  town  of  Exeter  be  deemed  and  taken  to 
be  as  valid  to  all  intents  and  purposes,  as  if  the  said  town 
officers  had  proceeded  according  to  the  laws  regulating  their 
proceedings  in  these  particulars  ;  and  the  said  records  and 
the  doings  of  said  town  officers,  are  hereby  confirmed,  le- 
galized, and  in  all  respects  made  effectual,  the  aforemen- 
tioned defects  therein  notwithstanding. 

CHAP.  CIX. 

Resolve  making  corapensation  to  the  JEjlectors  of  President 
and  Vice  President.     December  4th,  1816. 

Resolved,  That  there  be  allowed  and  paid  out  of  the 
Treasury  of  this  Commonwealth,  to  the  Electors  of  Presi- 
dent and  Vice  President  of  the  United  States,  who  shall 
attend  for  the  purpose  of  giving  in  their  votes,  the  same  com- 
pensation as  is  now  allowed  to  members  of  the  Legislature 
of  this  Commonwealth  for  travel  and  attendance  :  And  his 
Excellency  the  Governor,  with  advice  and  consent  of  the 
Council,  is  requested  to  draw  his  warrant  accordingly. 


H.  COOK— SEPAR.  OF  MAINE.—l^ec.  4,  1816.     317 

CHAP.   ex. 

Resolve  on  the  petition  of  Horace  Cook,  authorizing  the  Ad- 
ministrator  on  the  estate  of  Joseph  Winter  to  make  and 
execute  a  deed,     December  Ith;  1816. 

On  the  petition  of  Horace  Cook,  of  Granby,  in  the  coun- 
ty of  Hampshire,  praying  that  Alpheus  Winter,  Adminis- 
trator of  the  estate  of  Joseph  Winter,  late  of  Belchertown, 
in  said  county,  deceased,  may  be  authorized  to  make  and 
execute  a  deed  to  the  said  Horace,  of  a  certain  tract  of  land 
situated  in  said  Belchertown,  containing  about  fourteen  a- 
eres,  bounded  easterly  on  land  of  Timothy  Pearl,  souther- 
ly on  land  of  Oshea  Walker,  and  northerly  on  land  of  Jon- 
athan Dwight  ;  which  the  said  Horace  purchased  of  the 
said  Joseph,  and  paid  to  him  the  purchase  money  in  his  life 
time,  but  no  deed  thereof  was  made  : 

Resolved,  For  reasons  set  forth  in  said  petition,  that  the 
said  Alpheus  Winter,  in  his  said  capacity,  be^  and  he  here- 
by is  authorized  and  empowered  to  make  and  execute  to 
the  said  Horace  Cook,  (conveying  to  him  in  fee)  a  deed  of 
the  aforedescribed  premises — and  such  deed  so  made  shall 
have  the  same  operation  and  effect  in  law,  as  if  the  same 
had  been  made  by  the  said  Joseph  in  his  life  time,  pursuant 
to  his  contract  with  the  said  Horace  Cook,  respecting  the 
premises. 


CHAP.  CXI. 

Resolve  respecting  Separation  of  Maine, 
December  4th,  1816. 

The  Committee  of  both  Houses,  to  whom  were  referred  the 
Memorials  and  Documents  presented  to  the  Legislature, 
concerning  the  Separation  of  Maine,  respectfully  Report, 

That  by  an  act  passed  at  the  last  session  of  this  Le- 
gislature, concerning  the  Separation  of  the  District  of 
Maine,  it  was,  among  other  things,  provided,  that  the  in- 
habitants of  the  towns,  districts,  and  plantations  in  the  Dis- 
trict of  Maine,  qualified  to  vote  for  Senators,  should  m 
opea  towft  meeting,  summoned  for  the  purpose,  give  in  their 


318     SEPARATION  OF  MAINE.— Dec.  %  1816. 

■written  votes  on  the  question — ^^  Is  it  expedient  that  the 
District  of  Maine  shall  be  separated  from  Massachusetts, 
and  become  an  Independent  State,  upon  the  terms  and  con- 
ditions provided"  in  said  act  ?  And  the  votes  thus  taken, 
were  to  be  sealed  up,  and  transmitted  in  manner  provided 
by  said  act,  to  a  Convention,  which  was  also  instituted  by- 
said  act  ;  and  if  it  appeared  to  said  Convention,  <^^  That  a 
majority  of  five  to  four  at  least,  of  the  votes  returned,  are 
in  favor  of  said  District's  becoming  an  Independent  State 
aforesaid,  thenf  and  not  otherwise^  said  Convention  shall 
proceed  to  form  a  Constitution,  as  is  provided  in  this  act." 
Pursuant  to  this  act,  a  Convention  was  formed  and  duly  or- 
ganized at  Brunswick,  in  said  District,  on  the  last  Monday 
of  September  last,  and  the  following  days  ;  and  a  Com- 
mittee appointed  to  examine  the  returns  of  votes,  reported, 
that  *'  The  whole  number  of  votes  which  the  Committee 
thought  proper  to  admit,  (dispensing  with  some  want  of 
formalities  in  many  of  the  returns,)  was  23,316 

'^  Those  in  favor  of  Separation,  were  11,969 

"  Those  opposed,  were  10,347 

^'  The  whole  aggregate  majority  of  yeas,  in  the 

towns  and  plantations  in  favor  was  6,031 

'^  The  whole  aggregate  majority  of  nays  in  the 

towns  and  plantations  opposed,  was  4,409 

''  Then  as  five  is  to  four,  so  is  603 1  to  4,825,  the  nays 
required.  But  the  majority  of  nays  is  4,409  only.  Hence 
it  appears,  upon  this  construction  of  the  act,  there  is  a  ma- 
jority of  five  to  four  at  least,  of  the  votes  returned,  in  favor 
of  said  District's  becoming  an  Independent  State." 

This  report  and  construction  were  in  substance  accepted, 
and  adopted  by  the  Convention,  as  appears  by  their  journal, 
of  which  attested  copies  are  before  the  Legislature ;  and 
they,  thereupon,  proceeded  to  pass  divers  resolutions,  a- 
moug  others,  one  appointing  a  Committee  to  frame  a  Con- 
stitution, and  another  to  apply  to  Congress  for  admission  in- 
to the  Union.  The  powers  of  these  Committees  are  sus- 
pended only,  until  the  result  of  an  application  to  this  Le- 
gislature, to  confirm  their  doings,  shall  be  known  ;  and  in 
order  to  ascertain  this,  the  Convention  stands  adjourned  to 
the  third  Tuesday  of  December  next. 

Upon  this  statement,  the  Committee  have  no  hesitation  in 
expressing  their  full  conviction,  that  the  Convention  have 
misconstrued  the  act  by  which  their  powers  were  defined  : 


SEPARATION  OF  MAINE,— Dec.  4,  1816.     310 

That  the  word  "  majority,"  refers  to  the  majority  of  votes 
returned,  and  not  to  the  aggregate  of  local  and  municipal 
majorities  :  That  this  is  a  self-evident  position,  resulting 
from  a  perusal  of  the  act,  and  not  susceptible  of  illustration 
or  contravention  by  any  argument  :  That,  of  consequence^ 
contingency,  provided  by  the  act  as  prerequisite  to  the  form- 
ation of  a  Constitution,  and  as  a  condition  of  the  consent  of 
this  Legislature,  to  the  Separation  of  Maine,  has  not  occur- 
red ;  and  that  the  powers  of  said  Convention  are  at  an  end» 

It  is  not  less  evident  to  the  minds  of  your  Committee, 
that  this  Legislature  is  not  competent  to  enlarge,  vary,  or 
revive  the  powers  of  the  Delegates  to  that  Convention  : 
These  powers,  though  defined  and  jirescrihed  by  the  Legis- 
lature, were  vested  in  each  Delegate,  by  his  own  imme- 
diate constituents.  He  was  chosen  to  execute  a  special 
power,  and  in  a  certain  event.  To  vary  his  authority,  or 
provide  for  his  acting  upon  another  and  different  contingen- 
cy, would  be  to  render  him  the  representative  of  this  Lc« 
gislature,  and  not  of  the  people.  Such  an  act  would  be  re= 
pugnani  to  the  elementary  principles  of  a  government  by 
representation,  and  merely  void. 

Having  disposed  of  this  inquiry,  your  Committee  have 
in  the  next  place  directed  their  attention  to  the  several  Me- 
morials presented  by  the  Deputies  from  the  Brunswick  Con- 
vention, and  by  a  number  of  Senators  and  Representatives 
©f  the  District  of  Maine.  The  object  of  these  Memorials  is 
either  to  obtain  the  consent  of  this  Legislature  to  a  Separa- 
tion, upon  the  present  majority,  or  to  such  further  provisions 
as  may  be  expedient  for  consummating  that  event.  With 
respect  to  the  first  of  these  objects,  a  Separation  on  the  pre- 
sent majority,  it  is  respectfully  suggested,  that  while  the  re- 
sult of  the  votes  returned  to  the  Convention  affords  presump- 
tive evidence  of  a  disposition  in  a  majority  of  those  voters 
favorable  to  a  Separation,  without  reference  to  the  prescribed 
ratio  ;  yet  this  inference  is  by  by  no  means  conclusive.— 
Those  who  voted  in  the  affirmative  on  the  question  as  stated 
in  the  town  meetings,  acted  under  an  impression  that  unless 
those  on  the  same  side  should  amount  to  five  ninths  of  the 
whole  number,  their  votes  would  be  ineffectual  for  the  ob- 
ject of  Separation.  It  is  impossible  to  determine  to  what 
extent  or  in  what  number  these  voters  may  have  been  influ- 
enced by  their  reliance  on  this  ratio  as  an  indispensable  pre- 
liminary  to  further  measures.  Probably  ia  the  estimatioH 
43 


350    SEPAllATION  OF  MAINE.—iiec,  4,  1816. 

of  the  greater  number,  possibly  of  all,  it  was  a  subordinate 
anil  insignificant  consideration.  But  it  may  have  been  other- 
wise. It  would  tben  be  a  measure  pregnant  with  hazard,  to 
adopt  as  proof  of  the  public  opinion  in  Maine,  in  this  im- 
portant concern,  a  standard  liable  to  error,  when  certainty 
is  attainable.  There  could  be  no  reparation  for  the  con- 
sequence of  mistake ;  no  relief  from  the  misfortune.  The 
cord  once  broken  could  not  be  reunited  ;  and  the  people  of 
Maine  might  thus  be  transferred  to  a  new  government, 
under  a  misapprehension  of  their  will;  and  against  their 
consent. 

There  remained,  therefore,  to  be  considered  by  your 
Committee,  the  expediency  merely  of  adopting  some  new 
measures  to  facilitate  the  expression  of  the  sense  of  the 
people  of  Maine  upon  the  great  question. 

In  arriving  at  a  result  upon  this  point  satisfactory  to  them- 
selves, ihe  Committee  have  excluded  all  considerations  af- 
fecting the  property  or  necessity  of  the  Separation,  viewed 
as  an  abstract  or  original  proposition.  They  apprehend 
this  question  to  be  at  rest  with  the  present  General  Court. 
After  consenting  to  relinquish  the  jurisdiction  over  Maine, 
upon  terms  satisfactory  to  Massachusetts  Proper,  her  Sen- 
ators and  Representatives  can  feel  on  her  account,  no  in- 
terest in  the  degree  of  unanimity  with  which  it  may  be  ef- 
fected, and  no  desire  to  procrastinate  the  event  from  selfish 
considerations. 

The  Committee,  therefore,  have  anxiously  and  deliberate- 
ly endeavored  to  discern  the  course  which  it  is  incumbent 
on  this  Legislature  to  pursue,  through  respect  to  its  own 
dignity  and  consistency,  and  to  the  claims  of  justice  and 
equity  from  the  respective  parties  in  the  District  of  Maine, 
coming  before  them  as  a  tribunal  which  has  once  decided 
their  cause. 

It  is  then  submitted  as  a  fact  familiar  to  recollection, 
that  although  the  ratio  of  five  ninths  was  not  recommended 
by  this  Committee  in  the  former  report,  which  they  had 
the  honor  to  make,  yet  that  principle  was  engrafted  upon 
the  act  with  the  full  approbation  and  consent  of  the  advo- 
cates for  Separation.  It  was  at  that  time  foreseen  and  al- 
ledged  by  them,  that  a  majority  of  voters  would  indubitably 
be  found  in  favor  of  the  measure,  but  they  were  content  to 
wave  their  pretensions  to  enforce  it  upon  this  foundation, 
and  to  abide  by  the  issue  of  an  experiment  to  be  made  up- 


SEPARATION  OF  MAINE— J^cc.  4,  1816.    821 

on  a  ratio  which  seemed  to  ])C  little  more  than  a  necessary 
mean  of  ascertaining  the  fair  and  deliberate  sense  of  an 
undoubted  majority  de  facto,  though  noiijiinally  aiming  at 
something  more  :  While  these  proceedings  on  the  part  of 
those  at  whose  request  the  act  was  passed,  do  not  amount 
to  a  formal  agreement,  always  to  acquiesce  in  tlie  correct- 
ness of  this  ratio,  or  to  be  perpetually  concluded  by  the 
result;  yet  as  tliere  was  a  fair  and  equitable  understanding 
between  the  parties  with  respect  to  the  basis  on  which  the 
experiment  should  be  tried,  and  which  had  the  sanction  of 
this  Legislature,  it  would  be  not  sasy  to  justify,  at  one 
session,  a  wide  departure  from  principles  established  at 
another,  without  the  pressure  of  some  great  emergency,  or 
at  least  without  some  important  variation  of  facts  and  cir- 
cumstances, not  anticipated,  which  should  urgently  demand 
a  prompt  and  repeated  interposition. 

The  Committee  pretend  to  no  accurate  knowledge  or  in- 
formation respecting  the  progress  of  opinion  in  the  District, 
either  for  or  against  the  measure.  A  comparison  between, 
the  current  of  votes  in  May  and  September  does  not  war- 
rant the  belief  that  the  tide  in  favor  of  it  has  been  gi'eatly  if 
at  all  augmented.  Should  the  fact  be  otherwise,  it  will  be 
displayed,  and  the  people  of  the  District  will  be  in  no  dan- 
ger of  being  baffled  in  the  pursuit.  Massachusetts  will  be 
anxious  for  no  union  which  does  not  spring  from  mutual  af- 
fection and  a  sense  of  common  interest.  But  in  the  ordi- 
nary course  of  legislation,  questions  involving  merely  the 
division  of  a  parish  or  a  town,  are  rarely  agitated  more 
than  once  in  the  same  political  year.  Should  then  tlie 
same  Legislature  which  has  once,  and  so  lately  adjusted 
the  principles,  and  with  great  deliberation  fixed  the  terms 
and  conditions  which  appertain  to  the  dismemberment  of 
the  State,  revise  the  fundamental  provisions  of  its  act  with- 
out any  new  occasion,  they  might  be  considered  as  betray- 
ing an  undue  solicitude  to  accelerate  the  partition,  and  as 
regardless  of  the  feelings  and  interest  of  a  large  and  res. 
pectable  class  of  their  fellow- citizens. 

It  is  a  source  of  great  satisfaction  to  your  Committee  to 
reflect,  that  their  views,  if  adopted,  cannot  prove  detrimen- 
tal to  any  party.  If,  at  this  moment,  provision  should  be 
made  for  instituting  a  new  Convention,  nothing  short  of 
great  precipitancy,  not  required  by  the  occasion,  and  hos- 
tile to  all  hopes  ol  wise  and  temperate  counsels,  would  en- 


SsS      DISC.  S.  H.  WHEELER.— Dec.  5,  1816. 

able  the  people  of  Maiue  to  become  a  State,  with  the  con- 
sent of  Congress,  during  the  present  session.  The  interval 
between  this  period  and  the  next  political  year,  will  not 
have  been  lost.  The  public  attention  has  been  roused  and 
attracted  to  the  great  question  ;  arguments  on  both  sides 
will  have  become  familiar;  truth  will  be  separated  from 
fallacy ;  men's  judgments  will  be  cleared,  and  their  pas- 
sions calmed ;  and  both  parties,  being  satisfied  that  no  pre- 
judice can  arise  from  delay,  will  Avait  the  event  of  things 
with  that  mutual  forbearance  which  becomes  those  who  are 
in  any  event  destined  to  remain  fellow-citizens. 

Your    Committee,    therefore,    recommend  the   following 
Hesolves,  which  are  respectfully  submitted. 
Per  order, 

H.  Gr.  OTIS,  Chairman, 

'Resolved,  That  the  contingency  upon  which  the  consent 
of  Massachusetts  was  to  be  given  for  the  Separation  of  the 
J)isirict  of  Maine  has  not  happened ;  and  that  the  powers 
of  the  Brunswick  Convention  to  take  any  measures  tending 
to  that  event,  have  ceased. 

Resolved,  That  it  is  not  expedient  for  the  present  General 
Court  to  adopt  any  further  measures  in  regard  to  the  Se- 
paration of  the  District  of  Maine, 


CUAP.   CXII. 

JUesolve  discharging  Samuel  H.  Wheeler,  as  one  of  Trea- 
surer Skinner^s  bondsmen,     December  5th,  1816. 

Whereas  the  name  of  Samuel  H.  Wheeler,  one  of  the 
sureties  of  the  late  Treasurer,  Thompson  J.  Skinner,  was 
accidentally  omitted  in  the  Resolve  of  the  13  th  June  last  : 
Therefore 

Resolved,  That  Samuel  II.  Wheeler,  one  of  the  sureties 
of  the  late  Treasurer,  Thompson  J.  Skinner,  be,  and  he  is 
Lereby  released  and  discharged  from  all  debts,  obligations, 
judgments,  executions,  warrants  of  distress,  and  demands 
due  or  payable  from  him  to  said  Commonwealth,  for,  or  oa 
account  of  said  Skinner  :  Provided  nevertheless,  that  no- 
thing contained  in  this  resolve  shall  prevent  the  Common- 
wealth fr«>m  satisfying  their  judgment  against  said  Wheeler^ 


MARSHPEE  INDIANS.— Dec.  5,  1816.       3^3 

out  of  any  property  heretofore  conveyed,  or  secreted  by  him, 
for  the  purpose  of  defrauding  the  Commonwealth  of  said 
judgment. 


CHAP.   CXIII. 

Mesolve  on  the  petition  of  Joseph  JSfixon,  discharging  him 

from  an  execution,  after  a  confinement  of  five  years. 

December  5th,  1816. 

Upon  the  petition  of  Joseph  Nixon,  of  Waltham,  in  the 
county  of  Middlesex,  stating  that  he  has  been  confined  in 
gaol  in  Cambridge,  in  said  county,  for  five  years  last  past, 
upon  an  execution  in  favor  of  John  Henry,  of  Montreal,  in 
Lower  Canada,  for  seventy-nine  dollars,  with  nine  dollars 
and  eight  cents  costs  ;  and  that  he  has  an  unsatisfied  exe- 
cution against  said  Henry,  subsequently  obtained,  for  one 
hundred  and  thirteen  dollars  and  thirty  cents,  and  thirteen 
dollars  and  fifty  cents  costs  : 

Resolved,  For  reasons  set  forth  in  said  petition,  that  the 
said  Joseph  Nixon  be  discharged  from  the  operation  of  the 
execution  of  the  above  named  John  Henry,  by  making  an 
offset  of  said  execution,  against  the  amount  of  the  execu- 
tion which  the  said  Nixon  holds  against  the  said  Henry  : — • 
And  that  the  Sheriff  of  the  county  of  Middlesex  be  author- 
ized and  empowered  to  discharge  said  Nixon  from  confine- 
ment upon  said  execution,  and  to  endorse  the  amount  upon 
the  execution  of  the  said  Nixon  as;ainst  the  said  flenrv. 


CHAP.  CXIV. 

Resolve  granting  S500  for  repairing  the  house  of  pullic 

worship,  for  the  use  of  the  Indians  at  Marshpee. 

December  5th,  I8l6. 

On  the  petition  of  the  Marshpee  Indians, 

Resolved,  That  for  reasons  set  forth  in  said  petition, 
there  be  granted  and  paid  out  of  the  Treasury  of  this  Com- 
monwealth, five  hundred  dollars,  for  the  purpose  of  repair- 
ing the  house  of  public  worship  on  the  plantation  of  Marsh- 
pee, and  that  the  Governor,  with  the  advice  and  consent  of 


3^4.  COUNTY  TAXES.— Jiec.  6, 1810. 

the  Council,  appoint  two  Commissioners  to  superintend  said 
repairs,  who  shall  account  to  them  for  all  proceedings  and 
expenditures. 


CHAP,  CXV. 

Mesolve  granting  Taxes  to  ihe  counties  of  Worcester^ 
Hampden,  Franklin,  and  Middlesex. 
December  9th,  1816. 

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  Sessions  for  said  counties  have  exhibited 
estimates  made  by  the  said  courts,  of  the  necessary  charges 
which  may  arise  within  the  several  counties  for  the  year 
ensuing,  and  of  the  suras  necessary  to  discharge  the  debts 
of  the  said  counties  : 

Resolved,  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,  respectively,  to  be 
apportioned,  assessed,  paid,  collected,  and  applied  for  the 
purposes  aforesaid,  according  to  law. 

County  of  Worcester,  four  thousand  five  hun- 
dred dollars,  4,500  00 

County  of  Hampden,  three  thousand  five  hun- 
dred dollars,  3,500  00 

County  of  Franklin,  three  thousand  two  hun- 
dred dollars,  3,S00  00 

County  of  Middlesex,  thirteen  thousand  nine 
hundred  and  seventy-three  dollars  and  forty- 
six  cents,  13,973  46 


CHAP.  CXVI. 

Resolve  extending  the  time  for  the  performance  of  settle- 
ment duties f  on  lands  in  the  District  of  Maine, 
December  6th,  1816. 

The  Committee  of  both  Houses,  who  had  tinder  considera- 


SETTLE.  MAINE  LANDS.— 2>ec.  6, 1816.    825 

tioii  the  petition  of  Aaron  Dexter  and  Ebenezer  Preble,  and 
who  were  further  instructed  to  consider  the  expediency  of 
some  general  provision  upon  the  subject  of  settling  duties, 
ask  leave  to  report, 

That  various  grants  of  land  have  been  made  by  this 
Commonwealth  to  sundi-y  literary  and  charitable  institu- 
tions, and  to  individuals,  upon  condition  to  place  upon  the 
lands  a  certain  number  of  settlers  within  limited  periods  : 
That  the  circumstances  of  the  country  and  of  the  District  of 
Maine  have  been  such  as  to  present  great  and  insuperable 
obstacles  to  the  performance  of  these  settling  duties :  It 
must  be  obvious  that  the  continuance  of  commercial  restric- 
tions,  and  the  war  which  thereupon  followed,  were  extreme- 
ly unfavorable  to  the  performance  of  those  duties,  and  must 
in  most  instances  have  rendered  it  impossible  to  perform 
them. 

The  embarrassments  and  dangers  to  which  the  people  of 
the  District  of  Maine  were  exposed  during  these  troubles, 
operated  not  only  to  deter  settlers  from  coming  into  it,  but 
to  induce  great  numbers  to  emigrate  from  it ;  and  this  dis- 
position to  emigrate  from  it  has  been  increased  by  the  policy 
of  other  states,  and  the  allurements  of  soil  and  climate  which 
have  been  held  out  to  adventurers. 

The  Committee  presume  that  the  object  of  the  Legisla- 
ture has  always  been  to  promote  the  settlement  of  the  lauds, 
by  holding  the  purchasers  and  grantees  to  make  every  rea- 
sonable exertion  for  that  purpose  ;  and  not  to  exact  from 
them  penalties  for  the  non- performance  of  conditions,  a  com- 
pliance with  which,  without  their  fault,  may  have  become 
impossible  ;  and  that  it  will  be  no  more  than  equitable  to 
allow  them  a  further  time  which  shall  be  equal,  at  least,  to 
the  period  during  which  the  obstacles  to  the  performance  of 
the  condition  of  their  bonds  have  continued  to  exist.  They 
therefore  report  the  following  resolve,  which  is  respectfully 
submitted  by 

MARK  LANGDON  HILL, 

Fer  Order, 

Resolvedf  That  the  time  limited  for  the  performance  of 
settling  duties  on  laud  sold  or  granted  by  this  Common- 
wealth, shall  be  extended  in  favour  of  the  grantees  of  such 
lands,  and  their  assigns,  for  the  term  of  five  years  from  the 
first  day  of  June  next. 


3S6    PETITION  J.  RUSSELL.— Dec.  6th,  1816. 

CHAP.  CXVII. 

liesolve  on  the  petition  of  David  Moore f  authorizing  him  to 
execute  a  deed,    December  6th,  1816. 

Mesolved,  For  reasons  set  forth  in  said  petition,  that  Da- 
vid Moore,  of  Salem,  Administrator  on  the  estate  of  John, 
Pratt,  late  of  Salem,  trader,  deceased,  intestate,  be,  and  he 
hereby  is  authorized  and  empowered  to  make  and  execute 
a  good  and  sufficient  deed  of  a  certain  dwelling  house  and 
piece  of  land  in  said  Salem,  bounded  westerly  on  Peirce's 
land,  eight  poles  and  thirteen  links ;  southerly  on  said 
Pratt's  land,  one  pole  and  eleven  links  ;  easterly  on  said 
Pratt's  land,  eight  poles  and  thirteen  links  ;  and  northerly 
on  land  of  the  heirs  of  Nathaniel  Brookhouse,  one  pole  and 
twelve  links,  to  James  Harvey,  of  said  Salem,  who  has  paid 
the  consideration  due  for  the  same,  agreeably  to  a  written 
agreement  made  between  said  Harvey  and  said  Pratt  in  his 
life  time ;  and  such  deed,  duly  acknowledged  and  recorded, 
shall  give  as  good  a  title  to  the  said  estate,  to  all  intents  and 
purposes,  as  if  the  same  had  been  duly  executed  by  said 
Pratt  in  his  life  time. 


CHAP,  cxvin. 

Resolve  on  the  petition  of  Joseph  Russell,  administrator  de 

bonis  non,  oj  the  estate  of  John  Wright,  deceased, 

December  6th,  1816. 

Resolved,  For  reasons  set  forth  in  said  petition,  that  the 
said  Administrator  be  authorized  to  make  his  affidavit  rela- 
tive to  the  sale  of  the  real  estate  of  said  deceased,  and  to  fil» 
the  same  in  the  office  of  the  Court  of  Probate,  within  and 
for  the  county  of  Middlesex,  at  any  time  within  four  months 
after  the  passing  of  this  resolve ;  and  that  the  same  affida- 
vit, so  made  and  filed,  shall  be  taken  and  held  as  good  and 
valid  in  law,  to  all  intents  and  purposes,  as  if  the  same  had 
been  made  and  filed  in  the  same  Probate  Court  within  seven 
months  from  the  time  of  the  said  sale,  any  law  to  the  con* 
trary  notwithstanding. 


TAX  FOR  BERKSHIRE.— I>ec.  6, 1816.     327 


CHAP.  CXIX. 

Resolve  on  the  petition  of  Micah  M.   'Rutter,  making  valid 

his  ajidavit  as  administrator  on  the  estate  of  Thomas 

Rutter,  deceased,     December  6th,  1816. 

On  the  petition  of  Mieah  M.  Rutter,  Administrator  of  the 
estate  of  Thomas  Rutter,  late  of  East  Sudbury  : 

Resolved,  That  the  affidavit  of  the  said  Mieah  M.  Rutter, 
Administrator  aforesaid,  filed  and  recorded  in  the  Probate 
OflBce,  in  the  county  of  Middlesex,  on  the  thirteenth  day  of 
November,  eighteen  hundred  and  sixteen,  be,  and  the  same 
hereby  is  rendered  as  valid  in  law,  as  if  the  same  had  been 
executed  and  filed  within  seven  months  from  the  time  of  his 
appoiatment  as  Administrator  aforesaid,  any  law  to  the  con^ 
trary  notwithstanding. 


CHAP.  CXX. 

Resolve  granting  a  tax  to  the  county  of  Berkshire, 
December  6th,  1816. 

Whereas  the  Clerk  of  the  Court  of  Sessions  for  the  county 
of  Berkshire,  has  exhibited  an  estimate,  made  by  said  court, 
of  the  necessary  charges  which  may  arise  within  said  coun- 
ty for  the  year  ensuing,  and  of  the  sums  necessary  to  dis- 
charge  the  debts  of  the  said  county  : 

Resolved,  That  the  sum  of  six  thousand  dollars  is  hereby 
granted  as  a  tax  for  said  county  of  Berkshire,  to  be  ap- 
portioned, assessed,  paid,  collected  and  applied  for  the  pur- 
poses aforesaid,  according  to  law. 

Jind  be  it  further  resolved,  That  the  Treasurer  of  said 
county  be,  and  he  heieby  is  required  and  directed  to  pre- 
sent his  account  for  the  present  year,  to  the  General  Court, 
at  their  next  session, 

43 


396    S,  HALEY  &  J.  M^LELLAN.— i;ec.  7,  1816, 


CHAP.  CXXI. 

Resolve  granting  to  SamuelHahy  and  his  heirs,  the  norther- 
ly island  of  the  Isle  of  Shoals,  or  Hog  Island, 
December  7tli,  1816, 

On  the  petition  of  Samuel  Haley,  of  the  Isle  of  Shoals, 
praying  for  a  grant  of  one  of  said  islands,  called  Hog  Island : 

Mesolved,  That  there  be,  and  hereby  is  granted  to  the 
said  Samuel  Haley,  and  his  heirs,  the  northerly  island  of 
said  Isle  of  Shoals,  commonly  called  Hog  Island  ;  to  be 
holden  in  fee  simple  by  the  said  Haley  and  his  heirs,  free 
from  any  claim  of  the  Commonwealth  to  the  same  :  Pro- 
vided, that  the  said  Haley,  his  heirs  or  assigns  shall, 
within  four  years  after  the  passing  of  this  resolve,  erect  a 
sufficient  sea  wall  around  the  dock  where  the  said  Haley 
now  lives  ;  and  shall,  at  all  times  hereafter,  keep  the  same 
in  repair  for  the  accommodation  of  open  fishing  boats  be- 
longing to  the  citizens  of  this  Commonwealth,  free  from  ex- 
pense of  dockage  :  And  if  the  said  Haley,  or  his  heirs  or 
assigns,  shall  neglect  to  keep  in  sufficient  repair  the  said 
dock  for  the  space  of  two  years  at  one  time,  then  said 
island,  so  granted  as  aforesaid,  and  the  title  to  the  same, 
shall  revert  to  said  Commonwealth,  on  such  neglect  being 
ascertained,  by  process  in  the  Supreme  Judicial  Court. 


CHAP.  CXXIt. 

Resolve  on  the  jpetition  of  James  M'Lellan,  in  behalf  of 
Luke  Lambertfjun.     December  7th,  1816. 

Resolved,  For  reasons  set  forth  in  said  petition,  that 
there  be  allowed  and  paid  out  of  the  public  Treasury  of  this 
Commonwealth,  to  Luke  Lambert,  jun.  thirty-two  dollars  for 
the  use  of  his  house,  while  occupied  by  tlie  Greneral  Court 
Martial,  on  the  trial  of  Lieutenant-Colonel  Andrew  Reed, 


TREAS.  TO  SELL  U.  S.  NOTES.-~J>cc.  7, 1816.  329 

CHAP,  cxxni. 

llesolue  empowering  the  Treasurer  to  sell  United  States 
Treasury  JSTotes.     December  7th3  1816. 

Resolved^  That  the  Treasurer  of  this  Commonwealth  be, 
ami  he  hereby  is  authorized  and  empowered  to  sell  twenty- 
eight  thousand  five  hundred  dollars  of  Treasury  Notes  of 
the  United  States,  which  are  now  in  his  office,  and  which 
were  received  for  interest  and  reimbursement  of  principal 
on  the  debt  due  from  the  United  States  to  this  State,  for 
the  quarters  ending  the  31st  December,  1814,  and  31st 
March,  1815,  pursuant  to  a  resolve  of  the  20th  of  June  last, 
for  the  highest  price  he  can  obtain  therefor,  and  apply  the 
proceeds  thereof  to  tlie  payment  of  the  ordinary  demands 
of  the  government,  any  thing  in  said  resolve  to  the  contrary 
notwithstanding. 


CHAP.  CXXIV. 

Itesolve  directing  the  Treasurer  to  notify  tlie  President^ 
Directors  and  Company  of  the   Union  Bank,  that  they 
purchase  tlie  stock  of  the  Commonwealth  therein. 
December  7th,  1816. 

Resolved,  That  the  Treasurer  of  this  Commonwealth  be, 
and  he  hereby  is  authorized  and  empowered  to  give  notice 
forthwith  to  the  President,  Directors  and  Company  of  the 
Union  Bank,  that  the  Legislature  of  this  Commonwealth  do 
order  and  direct  the  said  President,  Directors  and  Company 
of  the  Union  Bank,  after  nine  months  from  the  notice  given 
aforesaid,  to  purchase  of  the  Commonwealth  the  whole  of 
capital  stock  owned  in  said  Bank,  according  to  the  terms 
and  provisions  specified  and  contained  in  the  act  of  incor- 
poration of  said  Bank. 

And  be  it  further  resolved.  That  the  said  Treasurer  of 
this  Commonwealth  be  also  authorized  and  directed  to  re- 
ceive from  said  Bank  any  proposition  relative  to  the  pur- 
chase of  said  stock,  and  to  report  the  same,  with  his  opin- 
ion touching  the  interest  of  this  Commonwealth,  at  the  first 
session  of  the  next  General  Court. 


S30  KEO.YOBK.— CH  ARL.  ENG.  MEN— l^ec.  7,1816. 

CHAP.  CXXV. 

Jlesolve  authorising  the  Register  of  Deeds,  for  the  county  of 
TorJCf  to  keep  Ms  office  at  Alfred.  December  7t)i,  1816. 

Resolvedf  That  the  Register  of  Deeds  of  the  county  of 
York  be,  and  he  hereby  is  authorized  and  empowered  to 
bold  and  keep  his  office,  and  the  records  and  papers  there- 
of, in  Alfred,  any  law  or  resolve  to  the  contrary  notwith- 
standing. 


CHAP.  CXXVI. 

Jlesolve  on  the  petition  of  Benjamin  Plumer,  jun. 
December  7th,  1816. 

On  the  petition  of  Benjamin  Plumer,  jun.  Adjutant  of 
the  second  Regiment,  second  Brigade,  and  eleventh  Divi- 
sion of  the  Militia  of  this  Commonwealth,  praying  that  he 
may  be  paid  for  certain  services  performed  by  him  in  said 
office,  in  the  year  eighteen  hundred  and  twelve : 

Resolved,  For  reasons  alleged  in  said  petition,  that  the 
Committee  on  Accounts  be  authorized  to  receive,  examine, 
and  allow  such  part  (if  any  )  of  the  account  mentioned  iu 
said  petition,  as  they  may  think  just  and  reasonable,  any 
thing  in  the  law  to  the  contrary  notwithstanding. 


CHAP.  CXXVIL 

Mesolve  authorizing  the  Selectmen  of  CJijp^lestown  to  ap- 
point additional  Engine  Men,    December  7th,  1816. 

Resolved,  That  the  Selectmen  of  the  town  of  Charles- 
town  be,  and  they  hereby  are  authorized  and  empowered  to 
nominate  and  appoint  any  number  of  engine  men,  not  ex- 
ceeding fifteen,  in  addition  to  the  number  now  allowed  by 
law,  for  all  the  engines  in  said  town,  who  shall  be  appor- 
tioned among  the  said  engines,  as  the  Selectmen  aforesaid 
may  direct ;  And  the  engine  men  so  appointed,  or  any  part 
thereof,  at  the  discretion  of  the  Selectmen  aforesaid  shall, 
imder  the  direction  of  the  Firewards  of  said  town,  attend 


S.  PICKENS.— D.  YORK.— Hec.  7, 1816.      331 

fires  therein  with  axes,  firehooks,  fire  sails  and  ladders,  and 
do  such  further  duty  as  the  said  Selectmen  shall  from  time 
to  time  prescribe :  And  all  engine  men,  appointed  in  pur- 
suance of  this  resolve,  shall  continue  in  office  during  the 
pleasure  of  the  Selectmen  of  said  town,  and  shall  be  en- 
titled to  all  tlie  privileges  and  exemptions  to  which  other 
engine  men  are,  or  may  hereafter  be,  by  law  entitled. 


CHAP.  CXXVIU. 

Resolve  on  the  petition  of  Samuel  Pickens,  Attorney  to  Mar- 
garet Booth,  granting  her  Sl6  90,  due  her  late  husband^ 
Luke  Perkins.     December  7th,  1816. 

On  the  petition  of  Samuel  Pickens,  of  Middleborough, 
in  behalf  of  the  widow  Margaret  Booth,  setting  forth  that 
there  is  a  balance  due  from  this  Commonwealth  to  her  first 
husband,  Luke  Perkins,  for  services  rendered : 

Resolved,  For  reasons  set  forth  in  said  petition,  that  there 
be  allowed  and  paid  out  of  the  Treasury  of  this  Common- 
wealth, unto  the  widow  Margaret  Booth,  of  said  Middle- 
borough,  sixteen  dollars  and  ninety  cents,  being  a  balance 
due  to  Luke  Perkins,  the  former  husband  of  said  Margaret 
Booth,  for  his  services  in  the  revolutionary  war,  who  died 
in  the  service  of  his  country. 


CHAP.  CXXIX. 

Resolve  on  the  'petition  of  David  York,  granting  him  S64', 

as  a  witness  in  the  case  of  Thom,as  Keeler.  JSsq. 

December  7fh,  1816, 

On  the  petition  of  David  York,  setting  forth  that  in  the 
winter  of  1810,  he,  by  order  of  the  House  of  Representa- 
tives, attended  as  a  witness  before  the  Honorable  House,  on 
a  complaint  against  one  Thomas  Keeler,  and  praying  to  be 
allowed  a  reasonable  compensation  : 

Resolved,  That  there  be  paid  out  of  the  Treasury  of  this 
Commonwealth,  to  the  said  David  York,  sixty-four  dollars, 
in  full  compensation  for  all  fees  and  expenses  for  his  travel 
find  attendance  as  aforesaid. 


333  S.  THAXTEB,  B.  H.  TllAYJLU.^Sec,  7,  1816. 

CHAP.  CXXX. 

Resolve  on  the  petition  of  Samuel  Thaxter  and  Robert  H. 

Thayer,  authorizing  the  sale  of  the  estate  of  certain 

minors.     December  7tb;  1816. 

On  the  petition  of  Samuel  Thaxter  and  Robert  H.  Tliay- 
er^  Guardians  of  Elizabetli  H.  Thayer,  Maria  H.  Thayer, 
and  Charles  W.  Thayer,  minors,  praying  that  they,  the 
said  Guardians,  may  be  authorized  to  sell  at  ])rivate  sale, 
the  estate  of  the  said  minors,  being  three  undivided  seventh 
parts  of  a  certain  piece  of  land  situate  in  Congress-street, 
in  Boston,  and  adjoining  the  Exchange  Coffee  House,  of 
which  the  said  minors  are  possessed  as  heirs  of  the  late 
Amasa  Thayer,  of  said  Boston,  deceased  : 

Resolved,  For  reasons  set  forth  in  said  petition,  that  the 
said  Samuel  and  Robert  be,  and  they  hereby  are  authorized 
and  empowered  to  sell  the  said  estate  of  said  minors  at  pri- 
vate sale,  and  to  make  to  the  purchaser  or  purchasers  a  good 
and  sufficient  deed  or  deeds  thereof;  Provided,  tlic  said 
Robert  and  Samuel  can  obtain  therefor  a  price  proportion- 
ally equal  to  the  price  given  by  the  proprietors  of  the  Ex- 
change Coffee  House,  for  the  remaining  part  of  said  land  ; 
and  provided  also,  that  the  said  Robert  and  Samuel  lirst 
give  bond  to  the  Judge  of  Probate,  of  the  county  of  Suf- 
folk,  with  sufficient  sureties,  to  account  for  the  proceeds  of 
the  sale,  according  to  law. 

CHAP.  CXXXI. 

Gentlemen  of  the  Senate,  and 

Gentlemen  of  the  House  of  Representatives, 

The  Secretary  will  lay  before  you  the  report  of  the  Com- 
missioners appointed  by  a  resolve  of  the  Legislature,  passed 
on  the  S5th  January  last,  to  ascertain  ihc  practicability  of 
a  navigable  canal  to  unite  Connecticut  and  Merriroac  rivers, 
together  with  a  report  of  the  Honorable  Thomas  Stephens, 
Honorable  Silas  Holman,  and  Benjamin  Weld,  Esquires,  a 
Committee  appointed  by  the  Governor  and  Council  on  the 
6th  of  February  last,  by  virtue  of  a  resolve  of  the  Legisla- 
ture, passed  on  the  5  th  of  the  same  month,  to  make  su(ih 


a.  SIBLEY,  S.  HUNT,  kz.^Dec,  9,  1816.      333 

contract  as  they  might  think  just  and  reasonable  with  the 
Commissioners  above  mentioned.  The  surveys  of  the  Com- 
missioners, their  account,  the  contract  made  with  them  by 
the  Committee,  and  sundry  other  documents  connected 
therewith,  will  accompany  the  report. 

J.  BROOKS. 
Council  Chamber,  Dec,  ^th,  1816. 


CHAP.  CXXXII. 

Resolve  authorizing  Job  Sibley  and  Henry  Brigham  to  e.ve^ 

cute  a  Deed  of  quit  claim  to  Samuel  Hunt, 

December  9th,  1816. 

On  the  petition  of  Job  Sibley  and  others,  stating  that 
Samuel  Hunt,  of  Oakham,  in  the  county  of  Worcester,  on 
the  first  day  of  January  last,  conveyed  to  Warren  Sibley, 
of  Barre,  in  said  county,  a  certain  tract  of  land  situated  in 
said  Oakham,  on  the  northerly  side  of  the  county  road  lead- 
ing from  Barre  to  Rutland,  containing  half  an  acre,  with  a 
dwelling-house  and  barn  thereon,  and  received  from  the 
said  Warren  Sibley,  a  promissory  note  of  hand  for  the  sum 
of  nine  hundred  dollars,  as  payment  for  the  same,  no  part 
of  which  note  is  yet  paid  ;  that  the  said  Warren  Sibley  has 
since  deceased,  and  that  it  now  appears  that  said  Hunt  had 
sold  the  same  premises  to  one  Eleazer  James,  Es«(.  pre- 
vious to  bis  deed  to  said  Warren  Sibley,  and  had,  there- 
fore,  no  right  or  title  again  to  convey  the  same,  whereby  the 
estate  of  said  Sibley  is  liable  to  tlie  payment  of  said  note, 
without  title  to,  or  possession  of  said  land  and  buildings : 
Therefore 

Resolved)  That  Job  Sibley  and  Henry  Brigham,  jun. 
Administrators  on  the  estate  of  Warren  Sibley,  late  of  Oak- 
ham, deceased,  be,  and  they  are  hereby  authorized  and  em- 
powered to  give  to  Samuel  Hunt  a  release  and  quit  claim  of 
the  before  described  land  and  buildings,  upon  the  relin- 
quishment by  the  said  Hunt,  of  the  said  note  of  hand. 


m4i    KOX.— GRANT  AMH.  ACAD.— //ec.  11, 181(5. 

CHAP.  CXXXIII. 

Mesolve  making  valid  the  doings  of  the  Assessors  of  the  se- 
cond  parish  in  lioxbury.     JJecember  9tli,  1816. 

Hesolved,  That  the  doings  of  the  Assessors  of  the  second 
parish  in  Roxbury  be,  and  the  same  are  hereby  confirmed 
and  rendered  good  and  valid  in  law,  any  defect  in  the  re- 
cord  of  their  being  chosen  and  sworn,  to  the  contrary  not- 
withstanding. 

CHAP.  CXXXIV. 

Mesolve  granting  half  a  township  of  land  to  *lniherst  Aca- 
demy,    December  11th,  1816. 

On  the  petition  of  the  Trustees  of  Amherst  Academy, 
praying  for  a  grant  of  Eastern  lands  : 

Resolved,  That  there  be,  and  hereby  is  granted  to  the 
Trustees  of  Amherst  Academy,  their  successors  in  said  of- 
fice or  assigns,  for  the  sole  use  and  benefit  of  said  Academy, 
one  half  of  a  township  of  six  miles  square,  from  any  of  the 
unappropriated  lands,  belonging  to  the  Commonwealth,  in 
the  District  of  Maine,  except  the  ten  townships  on  the  Pe- 
nobscot river,  purchased  of  the  Penobscot  Indians,  and  to  be 
subject  to  all  the  reservations  usual  in  grants  of  this  kind: 
The  same  township  to  be  vested  in  said  Trustees,  their  suc- 
cessors in  said  office,  and  assigns  forever,  for  the  sole  use 
and  benefit  of  said  Academy :  reserving  four  hundred  acres, 
one  half  for  the  use  of  schools,  and  the  other  half  for  the 
use  of  the  ministry  therein  ;  the  same  half  township  to  be 
laid  out  under  the  direction  of  the  Commissioners  for  the 
sale  and  settlement  of  Eastern  lands,  at  the  expense  of 
said  Trustees,  as  soon  as  satisfactory  evidence  shall  be  pro- 
duced to  them  that  the  sum  of  three  thousand  dollars  has 
been  subscribed  and  secured  to  said  Trustees,  towards  a 
permanent  fuud  for  the  use  and  benefit  of  said  Academy,  in 
addition  to  their  buildings :  Provided,  the  said  Trustees, 
within  five  years  from  and  after  the  laying  out  and  location 
of  the  same  half  township  aforesaid,  cause  ten  families  to 
be  settled  thereon  :  And  provided  also,  that  said  Trustees 
give  bond  to  the  Treasurer  of  the  Commonwealth,  faithfully 


LOAN  BOOKS.— GRANT  TAX.— Dec.  11, 1816.    33:^ 

to  apply  the  proceeds  and  avails  of  said  half  township,  to 
.  the  sole  use  and  benefit  of  said  Academy. 

•ind  be  it  further  resolved.  That  the  said  half  township 
of  land  shall  be  located  agreeably  to  the  foregoing  provision, 
within  two  years  from  the  first  day  of  June  next,  otherwise 
this  grant  shall  be  void. 


CHAP.  CXXXV. 

Resolve  directing  the  loan  of  Boole s,  Maps,  and  Documents^ 

S^c.  to  the  Jlgent  of  the  United  States  on  Eastern 

Boundary  Line.     December  11th,  1816. 

Resolved,  That  the  Secretary  of  the  Commonwealth  be 
authorized  to  loan  to  the  Agent  of  the  United  States,  uridei" 
the  fourth  article  of  the  Treaty  of  Ghent,  any  books,  maps, 
or  documents,  which  are  or  may  be  in  his  possession,  rela- 
tive to  said  boundary,  and  as  the  said  Agent  shall  re- 
quest, he  giving  his  receipt  therefor ;  and  the  said  Agent 
shall  have  free  access  to  all  the  records  of  the  Common- 
wealth, and  have  the  right  of  taking  copies  of  the  same,  and 
to  have  the  same  duly  authenticated. 


CHAP.  CXXXVI. 

Resolve  granting  taxes  to  the  counties  of  Cumberland,  Bris-, 
tolf  Fork,  JVorfolk,  Barnstable  and  Essex. 
December  11th,  1816. 

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  Sessions  for  said  counties,  have  exhibited 
estimates  made  by  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  tho 
debts  of  said  counties  : 

Resolved,  That  the  sums  annexed  to  the  several  coun- 
ties, contained  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,  according  to  law. 
4't  ■       '  •     ' 


336  GRANT  TO  COMMISSIONERS.— JDec.  11, 1816. 

County  of,  Cumberland,  nine  thousand  seven 

hundred  and  eighty  dollars  9,780  00 

County  of  Bristol,  seven  thousand  five  hundred 

dollars  7,500  00 

County  of  Norfolk,  five  thousand  five  hundred 

dollars  5,500  00 

County  of  Barnstable,  one  thousand  two  hun- 
dred and  fifty  dollars  1,350  00 

County  of  Essex,  seventeen  thousand  five  hun- 
dred dollars  17,500  00 

County  of  York,  four  thousand  dollars  4^000  00 


CHAP.  CXXXVIL 

Mesolve  grantins;  C07npensafion  to  the  Commissioners  for 
ascertaining  the  practicability  of  a   navigable  canal  to 
iinite  the  Connecticut  and  Merrimack  Rivers, 
December  11th,  1816. 

The  Committee  of  both  Houses,  who  had  under  consid- 
eration the  Message  of  his  Excellency  the  Grovernor,  ac- 
companying the  report  of  the  Commissioners,  appointed  to 
ascertain  the  practicability  of  a  navigable  ca»al  to  unite  the 
Connecticut  and  Merrimack  rivers,  ask  leave  to  report  the 
following  resolves,  which  are  respectfully  submitted  by 

MARK  L.  HILL,  Chairman. 

Resolved,  That  the  report  of  the  Commissioners,  ap- 
pointed by  a  resolve  of  the  Legislature  passed  on  the  25th 
of  January  last,  to  ascertain  the  practicability  of  a  naviga- 
ble canal  to  unite  Connecticut  and  Merrimack  rivers,  to- 
gether with  the  surveys  and  other  documents  accompanying 
the  same,  be  lodged  in  the  Secretary's  office. 

Be  it  further  resolved,  That  there  be  allowed  and  paid 
out  of  the  Treasury  of  this  Commonwealth,  unto  Loammi 
Baldwin,  and  John  Farrar,  Esquires,  the  sum  of  three  hun- 
dred and  thirty. eight  dollars,  and  sixty-three  cents,  which 
sum,  together  with  five  hundred  dollars,  heretofore  appro- 
priated and  applied  to  that  purpose,  is  in  full  for  their  ser- 
vices, and  the  persons  employed  by  them  in  making  said 
soTveys,  drawing  plans,  and  reporting  to  the  Legislature, 


H.  BARTLETT.— GRANT  TAX.— Dec.11,1816.   337 

^nd  he  it  further  resolved^  That  there  be  allowed  ami 
paid  out  of  the  T'reasur;^  of  this  Coraraonwealth,  unto  the 
Honorable  Thomas  Stephens,  Silas  Holman,  and  Benjamin 
"Weld,  Esquires,  the  sum  of  fifty-five  dollars,  in  full  for 
their  time,  travel  and  expenses,  in  executing  the  business  of 
their  commission,  in  relation  to  the  appointment  of  said 
Commissioners  and  their  survey  as  aforesaid. 


CHAP.  CXXXVIII. 

Resolve  on  the  petition  of  Horatio  Bartlett,  authorizing 

Mliel  Gilbert  to  dispose  of  the  interest  of  certain  minors. 

December  1  tth,  1816. 

On  the  petition  of  Horatio  Bartlett,  praying  that  Calvin 
Hale,  and  Hannah  Hale,  his  wife,  may,  with  the  consent  of 
Eliel  Gilbert,  Guardian  to  the  said  Calvin  Hale,  be  author- 
ized to  sell  and  convey  certain  real  estate  lying  in  Ashfield^ 
in  the  county  of  Franklin  : 

Resolved,  That  Eliel  Gilbert,  as  Guardian  aforesaid,  may 
contract  with  the  said  Horatio  for  all  the  right,  title  and  in- 
terest which  the  said  Calvin  and  Hannah  have  in  her  right 
to  the  estate  of  Phinehas  Bartlett,  late  of  Ashfield,  deceased ; 
and  that  the  said  Calvin  Hale  and  Hannah  Hale  be  author- 
ized, if  they  shall  judge  expedient,  to  make  and  execute  a 
deed  of  conveyance  of  all  their  right,  title  and  interest  to 
the  estate  aforesaid,  which  sale  and  conveyance  shall  be 
as  effectual  in  law  as  if  the  said  Calvin  was  not  under 
guardianship. 


CHAP.  CXXXIX. 

Resolve  granting  taxes  to  several  comntieB* 
December  ilth,  1816. 

"Whereas  the  Clerks  of  the  Courts  of  Sessions  of  the  fol- 
lowing counties,  have  exhibited  estimates,  made  by  said 
Courts,  of  the  necessary  charges  which  may  arise  within  the 
several  counties  for  the  year  ensuing,  and  of  the  sums  ne- 
cessary to  discharge  the  debts  of  the  said  counties  : 


338   PETITION  ».  TOWNSEND.— l>ec.  12,  1216. 

Besolvedf  That  the  sums  annexed  to  the  names  of  the 
several  counties,  contained  in  the  following  schedule  be,  and 
the  same  are  hereby  granted  as  a  tax  for  each  county  res- 
pectfully, to  be  apportioned,  assessed,  paid,  collected  and 
applied  for  the  purposes  aforesaid,  according  to  4a\v. 

County  of  Hampshire,  three  thousand  dollars  3,000 

County  of  Suffolk,  twenty  thousand  dollars  S0,000 

County  of  Oxford,  three  thousand  dollars  3,000 

County  of  Penobscot,  four  thousand  dollars  4,000 
County  of  Somerset^  two  thousand  two  hundred 

dollars  S,200 
County  of  Hancock,  four  thousand  five  hundred 

dollars  4,500 

•S.nd  he  it  further  resolved,  That  the  Treasurers  of  the 
counties  aforesaid,  respectively,  (excepting  the  Treasurer  of 
the  said  county  of  Penobscot,)  be,  and  they  hereby  are  re- 
quired  and  directed  to  present  their  respective  accounts  for 
the  present  year,  to  the  General  Court  at  their  next  session. 


CHAP.  CXL. 

B>esolve  on  the  imtition  of  David  Townsend,  Guardian  to 
Abraham  Pierce,  of  Waltham,  authorizing  him  to  sell 
real  estate,     December  12tb,  1816. 

On  the  petition  of  David  Townsend,  of  Waltham,  in  the 
county  of  Middlesex,  Guardian  of  Abraham  Pierce,  of  said 
Waltham,  a  spendthrift,  praying  for  license  to  sell  and  pass 
deeds  to  convey  the  whole  of  the  real  estate  of  the  said 
Abraham  Pierce  : 

Resolved,  That  the  prayer  of  said  petition  be  granted ; 
and  the  Guardian  of  the  said  Abraham  Pierce  be,  and  he 
is  hereby  authorized  and  empowered,  by  joining  in  deed  or 
deeds  with  Mary  Pierce,  the  wife  of  the  said  Abraham 
Pierce,  to  sell  and  convey  in  fee  all  the  real  estate  of  which 
the  said  Abraham  and  the  said  Mary  are  seized  as  afore- 
said, being  land  situated  in  Waltham,  as  follows  :  one  piece 
containing  about  thirty-three  acres,  bounding  on  the  north 
by  the  great  country  road,  leading  from  Boston  to  Worees- 
ter,  and  on  the  south  by  Charles  river ;  one  other  piece  of 
land,  containing  about  twelve  acres,  on  Prospect  Hill,  so 


MASS.  &   BERK.  AGRI.  SOC— Jiec.  12,  1816.    339 

called  ;  one  other  piece  of  land  in  Newton,  containing  about 
five  acres,  and  bounded  on  Charles  river :  And  such  con- 
veyance so  made  by  the  said  David  Townsend,  in  his  said 
capacity,  together  with  the  said  Mary,  shall  operate,  to  all 
intents  and  purposes,  as  a  valid  conveyance  of  all  the  right, 
title  and  interest,  which  the  said  Abraham  Pierce,  and  the 
said  Mary,  in  her  right,  have  as  aforesaid,  in  the  real  estate 
as  shall  be  sold  and  conveyed  as  aforesaid  :  Provided,  that 
the  said  David  Townsend  first  give  bond,  with  sufficient 
sureties,  to  the  Judge  of  Probate,  for  the  county  of  Middle- 
sex, or  his  successor  in  said  office,  that  he  will  observe  the 
rules  and  directions  of  law  for  the  sale  of  real  estate  by 
Guardians ;  and  the  proceeds  of  said  sale,  after  paying  the 
just  debts  of  said  Pierce,  expenses  of  guardianship,  and  in- 
cidental expenses,  shall  be  put  at  interest  on  good  security, 
for  the  said  Abraham's  and  said  Mary's  benefit,  and  the 
same  be  accounted  for  according  to  lav/. 


CHAP.  CXLI. 

Hesolve  granting  to  the  Massachusetts  and  Berkshire  Agri- 
cultural Societies  f  aids  to  their  funds, 
December  12th,  1816. 

Resolved,  That  the  sum  of  five  hundred  dollars  be  paid 
out  of  the  Treasury  of  this  Commonwealth,  at  or  before  the 
first  day  of  October  next,  unto  the  Massachusetts  Agricul- 
tural Society,  and  the  same  sum  annually  for  the  term  of  two 
years  then  next  following,  to  be  by  them,  in  addition  to  their 
own  private  funds,  employed  in  dispensing  premiums  to  in- 
dividuals, and  to  corporations  who  shall  exhibit  the  best 
specimens  of  domestic  animals,  of  domestic  fabrics,  and  use- 
ful inventions,  agreeably  to  the  rules  which  the  said  Society 
may  from  time  to  time  prescribe. 

And  be  it  further  resolved.  That  the  sum  of  two  Imndred 
dollars  be  paid  out  of  the  Treasury  of  this  Commonwealth 
to  the  Berkshire  Agricultural  Society,  at  the  same  time,  for 
the  term  of  years,  and  for  similar  purposes,  as  in  the  fore- 
going grant  made  to  the,  Massachusetts  Agricultural  Society, 


310  HAMPDEN  ACAD.— A.  MCNEIL.— i>ec.  11,1810. 
v45HAP.  CXLII. 

v."'i   j8; 
Jiesolve  confirming 'the  records  of  the  Trustees  of  Hamp- 
den Academy,  and  fixing  times  for  their  meetings. 
December  12tli,  1816. 

On  the  petitiou  of  the  Trustees  of  Hampden  Aeatlemy : 
Resolved,  For  reasons  set  forth  in  their  petition,  that  the 
votes  passed,  and  acts  done  by  the  said  Trustees,  at  their 
meetings  since  the  first  legal  meeting  of  the  said  Trustees 
was  holden,  be  confirmed,  and  made  valid  to  all  intents  and 
purposes,  as  if  the  said  records  were  whole  and  entire ; 
and  that  the  following  days  be  established  as  the  times  for 
holding  their  regular  meetings  hereafter,  viz.  on  the  second 
Mondays  of  February,  May,  August,  and  November,  and 
that  all  the  said  meetings  be  holden  at  the  Academy  build- 
ing, in  the  said  town  of  Hampden,  and  that  said  Trustees 
be  authorized  to  adjourn  their  meetings  to  any  other  times 
not  herein  mentiuued. 


CHAP.  CXLIII. 

Hesolce  granting  Archibald  M'JSTeil  S300,  in  full  for  land. 
December  12th,  1816. 

The  Committee  of  both  Houses,  ou  the  petition  of  Archi- 
bald McNeil,  for  compensation  for  a  piece  of  ground  inclos- 
ed in  the  yard  of  the  State  Prison,  report : 

That  it  appears  to  your  Committee,  that  although  your 
petitioner  has  no  claim  in  law,  yet  in  equity  he  has,  inas- 
much as  the  deed  covers  more  ground  than  he  intended,  or 
was  sensible  he  conveyed  at  the  time  5  they  therefore  report 
the  following  resolve : 

Resolved,  That  there  be  allowed  and  paid  out  of  the 
Treasury  of  this  Commonwealth,  to  Archibald  McNeil, 
three  hundred  dollars,  in  full  compensation  for  land  includ- 
ed within  the  walls  of  the  State  Prison  yard,  and  his  Ex- 
cellency the  Grovernor,  with  advice  of  Council,  be  author- 
ized and  requested  to  draw  his  warrant  on  the  Treasurer 
for  the  same. 


S.  EMERSON.— E.  SMITH.— I?ec.  12/ 1816,    341 

CHAP.  CXLIV. 

Mesolve  referring  the  petition  for  a  Bridge  over  St.  George^ & 

River,  to  the  next  General  Court. 

December  12th,  18l6. 

On  the  petition  of  Edward  Killeran,  and  others,  praying 
that  they  may  be  authorized  to  build  a  bridge  over  St, 
George's  River,  between  the  towns  of  Gushing  and  Thom- 
astown  : 

Resolved,  That  the  further  consideration  of  the  subject  be 
referred  to  the  first  session  of  the  next  Greneral  Court,  and 
that  the  same  may  be  then  taken  up  and  acted  on  without 
further  notice  to  either  party. 

CHAP.  CXLV. 

Resolve  granting  Samuel  Emerson,  of  Wells,  the  sum  of 

twenty-two  dollars  and  fifty  cents. 

December  13th,  1816. 

On  the  petition  of  Samuel  Emerson,  of  Wells,  Physician, 
praying  for  the  allowance  of  his  account  for  medical  ser- 
vices on  a  wounded  soldier: 

Resolved,  for  reasons  set  forth  in  said  petition,  that  there 
be  allowed  and  paid  out  of  the  Treasury  of  this  Common- 
wealth, to  the  said  Samuel  Emerson,  the  sum  of  twenty-two 
dollars  and  fifty  cents,  in  full  for  medicine  furnished,  and 
attendance  on  James  Mitcliel,  a  soldier  wounded  while  on 
duty  at  a  regimental  review. 


CHAP.  CXLVI. 

Resolve  on  the  petition  of  Enos  Smith,  that  a  bond  given  bj/ 

him  as  Agent  for  Ashfield,  may  be  cancelled,  on  condition. 

December  mh,  1816. 

On  .the  petition  of  Enos  Smith,  praying  that  a  bond  which 
was  given  to  the  Board  of  War,  by  said  Enos  Smith,  Agent 
for  the  town  of  Ashfield,  might  be  cancelled,  on  the  condi- 
tion thereof  being  fulfilled : 


343   WALDO  PAT.— MILL  STORES.--Dec.lS,18l6. 

Kesolved,  That  Joseph  H.  Pierce,  Esq.  be,  and  he 
hereby  is  authorized  and  empowered  to  receive  tlie  certifi- 
cates required  by  the  bond  aforesaid,  and  to  cancel  the  said 
bond,  if  in  his  opinion  the  said  certificates  are  adequate  to 
the  object  for  wliich  the  bond  was  given,  and  that  they  be 
lodged  with  the  Secretary  of  the  Commonwealth,  for  the 
purpose  of  accompanying  the  papers  received  by  him  from 
the  Board  of  War,  and  now  in  his  custody. 


CHAP.  CXLVII. 

Resolve  releasing  the   inhabitants   of  township   J\^.    ^ih 

Mange f  north  of  Waldo  patent,  from  State  taxes, 

December  ISth,  1816. 

On  the  petition  of  the  inhabitants  and  settlers  of  township 
number  seven,  in  the  seventh  range  of  toAvnships  north  of 
Waldo  patent : 

Resolved,  For  reasons  set  forth  in  said  petition,  that  the 
inhabitants  of  said  township,  and  the  land  within  the  town- 
ship aforesaid  be,  and  hereby  are  exempted  and  released 
from  all  the  State  taxes  which  have  been  assessed  upon  said 
inhabitants  and  land,  also  from  the  State  tax,  for  the  year 
1817»  granted  by  Hie  Legislature,  at  the  present  session. 


CHAP.  CXLVIIL 

Resolve  relative  to  erection  ofhuildings,  in  wliich  to  deposit 
the  inihlic  military  stores.     December  12th,  1816. 

The  Committee  of  both  Houses,  to  whom  was  referred  the 
Message  of  his  Excellency  the  Governor,  of  the  S3d  of  No- 
vember  last,  and  the  communication  of  the  Quarter-Master 
General,  of  the  8th  of  the  same  November,  which  Message 
and  communication  refer  to  the  necessity  of  additional  build- 
ings being  erected  for  tlie  safety  and  preservation  of  the  can- 
non, small  arms,  laboratory  stores,  and  other  munitions  of 
war,  belonging  to  the  Commonwealth,  have  had  the  same 
under  consideration,  and  ask  leave  to  report — That,  after 
due  investigation  and  inquiry,  they  are  satisfied,  that  the 
interests  of  the  state  require  the  erection  of  additional  build- 


TO  ERECT  ARSENAL.— I?ec.  12,  1816.     813 

Ings  for  the  safe  keeping  and  preservation  of  the  large  anil 
valuable  amount  of  military  stores  and  munitions  of  war, 
which  are  now  exposed  to  danger,  from  fire,  to  loss  from 
depredation,  and  to  deterioration  and  injury  from  the  want 
of  proper  buildings  in  which  to  secure  and  preserve  them. 
This  property  is  much  larger  in  quantity,  and  of  much  more 
value  than  has  been  usually  contemplated,  and  ihe  best  e- 
conomy  requires  more  expensive  buildings  for  its  safe  keep- 
ing than  can  be  met  by  the  comparatively  small  appropria- 
tions hitherto  contemplated  by  the  Legislature  for  this  im- 
portant object.  And  as  a  Laboratory  by  the  present  militia 
arrangements  is  absolutely  necessary  to  be  located  in  the 
town  of  Boston,"  and  proper  buildings  are  required  for  that 
purpose,  and  a  Distributing  Arsenal,  your  C3ommittee  have 
also  directed  their  inquiries  to  this  subject,  and  are  convin- 
ced that  the  Commonwealth  continually  suffers  loss,  and  its 
property  is  constantly  liable  to  destruction  by  fire,  and  oth- 
er ways,  from  the  very  inconvenient  and  improper  buildings 
to  which  this  business  is  now  confined.  Your  Committee 
are  of  the  opinion,  and  this  opinion  is  supported  by  that  of 
a  Committee  of  the  Honorable  Council,  to  whom  this  sub- 
ject has  been  submitted,  and  whose  report  accompanies  the 
Message  of  his  excellency  theGrovernor,  that  afire  proof  brick 
building  one  hundred  feet  long,  forty  feet  wide  and  three 
stories  high,  is  required  to  be  erected  on  the  Commonwealth's 
land  in  the  town  of  Cambridge,  as  an  Arsenal  ;  and  that  a 
like  fire  proof  building  of  from  sixty  to  eighty  feet  in  length 
and  tliirty  feet  wide  and  three  stories  high,  is  absolutely  re- 
quired to  be  erected  in  the  town  of  Boston,  as  a  Laboratory 
and  Distributing  Arsenal.  To  complete  these  buildings, 
the  Committee  estimate  nearly  fourteen  thousand  dollars 
will  be  necessary.  They  therefore  ask  leave  to  report  the 
following  resolve  ;  all  which  is  respectfully  submitted  by 

J.  HUNEWELL,  Chaimaiu 

Resolved,  That  his  Excelleircy  the  Governor,  with  tlie 
advice  of  Council,  be  autliorized  and  requested  to  appoint 
Agents,  on  the  part  of  the  Commonwealth,  to  cause  a  fire 
proof  Distributing  Arsenal  and  Laboratory  of  suitable  di- 
mensions, to  be  erected  in  the  town  of  Boston,  and  that  the 
same  be  so  situated  and  constructed  as  to  be  separated  from 
all  private  buildings,  and  on  land  to  be  enclosed  with  a  brick 
wall  or  stockade,  of  a  suitable  height. 
45 


344     GRANT  TO  JACOB  KUHN. —l?ec.  13,  1816. 

Be  it  further  i^solved,  That  tlie  said  Agents  or  amajori- 
iy  of  them  be,  and  they  are  hereby  authorized  to  make  such 
arrangements  and  agreements  with  the  Selectmen  of  the 
town  of  Bostou.  respecting  the  location  of  said  Distributing 
Arsenal  and  Laboratory,  and  respecting  the  exchange  or 
transfer  of  the  land  cow  used  by,  and  in  possession  of  the 
Commonwealth,  for  Laboratory  and  other  military  purposes, 
which  laud  is  situated  on  and  near  Pleasant-street,  in  said 
town  of  Boston  ;  such  location,  exchange  or  transfer,  if 
necessary,  to  be  made  in  such  way  and  manner,  and  on  such 
conditions,  as  in  the  opinion  of  the  said  Agents  or  a  majority 
of  them,  will  be  most  conducive  to  the  effectuating  the  in- 
tentions and  purposes  of  this  resolve,  and  be  most  benefit 
ciai  to  the  Commonwealth. 

Be  it  further  resolved,  That  said  Agents  cause  to  be  e- 
rected  on  the  Commonwealth's  land  in  the  town  of  Cam- 
bridge, a  fire  proof  brick  building  as  an  Arsenal,  to  be  one 
hundred  feet  in  length,  forty  feet  wide,  and  three  stories  high, 
as  a  place  of  the  more  permanent  deposit  of  tents,  camp 
equipage,  fixed  ammunition,  and  other  munitions  of  war. 

Be  it  further  resolved,  That  the  Governor  be,  and  he  here- 
by is  authorized  and  empowered,  by  and  with  the  advice  of 
the  Council,  to  draw  his  warrants  on  the  Treasurer  of  this 
Commonwealth,  at  such  times  and  in  such  sums  in  favour  of 
said  Agents,  as  may  be  necessary  to  carry  this  resolve  into 
effect ;  such  •ums.  however,  not  to  exceed  in  the  whole,  four- 
teen thousand  dollars. 

Be  it  further  resolved,  That  so  much  of  the  resolve  pas- 
sed on  the  thirteenth  day  of  February  last,  as  authorized  the 
Governor,  by  and  with  the  advice  of  the  Council,  to  draw 
bis  warrants  upon  the  Treasurer  of  this  Commonwealth,  for 
any  sum  or  sums,  not  exceeding  seven  thousand  dollars,  for 
the  purposes  aforesaid,  be,  and  the  same  hereby  is  repealed. 


CHAP.   CXLIX. 

JResolve  panting  Jacob  ICuhn,  Messevger  to  the  General 

Lourtf  S300  for  the  purchase  of  fuel, 

December  13th,  1816. 

JResolvedf  That  there  be  paid  out  of  the  Treasury  of  this 
Commonwealth,  to  Jacob  Kuhn,  Messenger  of  the  General 
Court,  the  sum  of  three  hundred  dollars,  to  enable  him  to 


WM.  ANDRLWS^  ESTATE.— D^c.  13th,  1816.    345 

purchase  fuel,  and  such  other  articles  as  may  be  necessary 
for  the  use  of  the  General  Court,  together  with  the  Govern- 
or and  Council  Chamber,  the  Secretary's,  Treasurer's,  Ad- 
jutant General's  and  Quarter  Master  General's  Offices,  and 
also  the  Land  Office  ;  he  to  be  accountable  for  the  expendi= 
ture  for  the  same. 


CHAP.  CL. 

liesolve  authorizing  Josiali  P.  Cooke,  Executor  of  the  Will 

of  William  Andrews,  to  sell  real  estate, 

December  13th,  1816. 

Oq  the  petition  of  Josiah  P.  Cooke,  of  Boston,  stating, 
that  on  the  twenty- eighth  day  of  May  last,  the  Will  of 
"William  Andrews  was  duly  proved  in  the  Probate  Court,  in 
the  county  of  Middlesex,  by  which  he  was  appointed  Ex- 
ecutor of  said  Will,  and  that  no  express  authority  is  giveu 
him  by  said  Will  to  sell  and  convey  the  real  estate  of  said 
Andrews,  and  praying  for  leave  to  sell  said  real  estate,  the 
said  devisees,  who  are  of  age,  having  expressed  to  said  pe- 
titioner their  assent  and  desire  that  the  same  should  be  sold : 
Therefore 

Resolved,  That  he,  the  said  Josiah  P,  Cooke,  be,  and  he 
is  hereby  authorized  and  fully  empowered  to  sell  the  real 
estate  of  which  the  said  William  Andrews  died  seized  and 
possessed :  and  to  make  and  execute  any  deed  or  deeds  ef- 
fectual in  law  to  convey  the  same,  as  fully  and  effectually 
as  if  the  said  Testator  had  expressly  by  his  AVill  authorized 
Lis  Executor  to  sell  and  convey  the  same  in  fee ;  he,  the 
said  Josiah  P.  Cooke,  complying  with  the  rules  and  regula- 
tions appertaining  to  the  sale  of  real  estates  by  Executors 
and  Administrators,  and  giving  bond  to  the  Judge  of  Pro= 
bate,  with  sufficient  surety  or  sureties,  in  the  county  of  Mid- 
dlesex, for  the  due  execution  of  said  trust  according  to  the 
Irue  intent  and  meaning  of  said  Will. 

■ ■ — ■ — - —  i  » 

CHAP.  CLI. 

Jlesohe  on  the  petition  of  Joseph  Bidterfield,  directing  the 

Commonwealth's  •Igent for  the  sale  of  Eastern  lands,  to 

execute  a  deed.     December  13th,  1816. 

On  the  petition  of  Joseph  Butterfield,  of  Plantation  of  No, 


346     PET.  OF  J.  BUTTERFIELD.— i;«c.  13,  1816. 

3,  on  the  east  side  of  Penobscot  river,  stating,  that  in  the 
year  1801,  one  Daniel  Eppes  purchased  part  of  a  quarter 
township  in  said  Plantation,  and  mortgaged  the  same  to  the 
Commonwealth,  to  secure  the  payment  of  the  purchase  mo- 
ney ;  that  the  petitioner  purchased  of  said  Eppes  two  thou* 
§and  acres,  part  of  the  said  tract ;  that  the  petitioner  has 
paid  into  the  Treasury  of  this  Commonwealth  about  seven 
hundred  dollars,  in  part  of  the  principal  and  interest  of  said 
mortgage  ;  that  a  division  was  afterwards  made  between  the 
several  owners  of  said  tract  of  land,  so  tliat  each  of  them 
was  thereafter  to  hold  his  part  in  severalty,  the  whole  being 
still  encumbered  by  the  said  mortgage  of  the  same ;  that 
judgment  has  been  recovered  by  the  Commonwealth  for  the 
possession  of  the  mortgaged  premises,  against  the  petitioner 
and  the  other  tenants  in  possession ;  that  the  petitioner  can- 
not avail  himself  of  his  right  of  redeeming  his  part  of  the 
mortgaged  premises,  but  by  the  payment  of  the  whole  sum 
due  to  the  Commonwealth  on  the  mortgage  aforesaid ;  that 
he  is  unable  to  pay  the  sum  so  due ;  that  he  has  been  at 
great  expense  in  buildings  and  improvements  on  said  land, 
which  he  must  wholly  lose,  unless  the  Legislature  grant 
liim  relief  in  the  premises  :  Therefore 

Resolved,  That  the  Agent  for  the  sale  of  Eastern  lands, 
be,  and  hereby  is  authorized,  after  having  investigated  the 
subject,  and  ascertained  the  facts  in  the  case,  to  make  and 
execute,  in  behalf  of  the  Commonwealth,  a  good  and  suffi- 
cient deed  of  so  much  and  such  part  of  the  said  two  thou- 
sand acres  of  land,  thereby  releasing  to  the  said  Butterfield, 
liis  heirs  and  assigns,  the  right,  title  and  interest  of  the 
Commonwealth  therein,  as  the  said  Agent,  under  all  the  cir- 
cumstances of  the  case,  shall  judge  to  be  a  reasonable  com- 
pensation for  the  sums  of  money  paid  by  the  said  Butter- 
field  to  the  Commonwealth,  on  the  mortgage  aforesaid :  Pro- 
vided  hoicever,  that  such  deed,  if  made,  shall  in  nowise  af- 
fect the  title  of  the  Commonwealth  to  any  other  part  of  the 
mortgaged  premises. 


CHAP.  CLII. 

Mesolve  on  the  petition  of  Daniel  Budge,  and  others, 
December  13th,  1816. 

On  the  petition  of  Daniel  Budge,  and  others,  inhabitants 


BKIDGE  AT  LEVANT— ^ec.  13,  1816.        347 

of  the  town  of  Levant,  in  the  county  of  Penobscot,  praying 
the  Legislature  to  grant  to  the  said  inhabitants,  the  three 
hundred  and  twenty  acres  of  land,  reserved  in  said  town  for 
the  future  disposition  of  this  Commonwealth  : 

Resolved,  For  reasons  set  forth  in  said  petition,  that 
whenever  the  inhabitants  of  the  said  town  of  Levant  shall 
have  erected  a  bridge  over  the  Kenduskeag  stream,  near 
Hodsden's  mills,  in  said  town,  supported  and  secured  by 
stone  abutments,  and  three  piers ;  such  bridge  to  be  made 
in  all  respects  to  the  acceptance  and  approbation  of  the  Cir- 
cuit Court  of  Common  Pleas,  for  the  third  eastern  circuit, 
which  Court  is  hereby  authorized  and  required  to  appoint  a 
Committee  of  three  disinterested  and  discreet  persons,  to  ex- 
amine and  make  report  in  the  premises,  to  said  Court,  pre- 
vious to  its  determination  as  to  the  sufficiency  of  such  bridge; 
that  then  there  be  and  hereby  is  granted  to  the  inhabitants 
of  said  town  of  Levant,  and  their  successors,  all  the  right, 
title,  and  interest  of  the  Commonwealth,  in  and  to  the  said 
three  hundred  and  twenty  acres  of  land  ;  to  have  and  to  hold 
the  same  to  the  said  inhabitants  and  their  successors  in  fee  : 
Provided  however,  that  such  bridge  shall  be  erected  within 
two  years  from  passing  this  resolve ;  and  provided  also,  that 
the  acceptance  and  approbation  of  the  said  Court,  in  the  pre- 
mises, and  a  certified  copy  of  the  same  shall  have  been  re- 
turned to  the  Land  Office,  within  six  montlis  thereafter. 


CHAP.  CLIII. 

Mesolve  on  the  petition  of  Hannah  Tloss,  relinquishing  the 

right  of  the  Commonwealth  to  estate  of  her  late  husband. 

December  13th,  1816. 

On  the  petition  of  Hannah  Ross,  of  Boston,  in  the  county 
of  Suffolk,  widow : 

Resolvedf  For  reasons  set  forth  in  the  said  petition,  that 
all  the  Fight,  title,  and  interest  which  the  Commonwealth 
has,  or  might  have,  in  and  to  one  undivided  moiety  of  a  cer- 
tain  parcel  of  land,  with  the  buildings  thereon,  situated  in 
Boston  aforesaid,  bounded  southerly  on  Elliot-street,  twenty- 
two  feet,  westerly  on  land  now  or  late  of  Adam  Hard  wick, 
one  hundred  and  thirty -seven  feet  and  six  inches,  northerly 
on  land  now  or  late  of  the  heirs  of  Josiah  Torrey,  twenty. 


S48  STATE  PRISON.— i)ec.  13,  iBl6. 

two  feet,  easterly  on  land  now  or  late  of  Thomas  Spear,  one 
hundred  and  forty  feet,  with  the  privileges  and  appurtenances 
thereto  belonging,  which  real  estate  was  purchased  by  Wm. 
Ross,  of  Boston,  deceased,  during  his  intermarriage  with  the 
said  Hannah,  and  of  which  said  William  died  seized,  he  being 
at  the  time  of  his  death  a  subject  of  the  king  of  the  united 
kingdom  of  Great  Britain  and  Ireland,  and  having  never 
been  naturalized  and  admitted  a  citizen  of  the  United  States, 
be,  and  the  same  is  hereby  granted  and  released  to  the  said 
Hannah  Ross,  and  to  her  lieirs  and  assigns  forever :  FrO' 
vided  however,  that  the  same  shall  be  held  subject  to  the  pay- 
ment of  all  the  just  debts  of  the  said  William,  in  case  his 
personal  estate  shall  be  insufficient  therefor,  in  the  same 
manner  as  real  estates  of  persons  deceased  are  holden  and 
subject  by  the  laws  of  this  Commonwealth. 


CHAP.  CLIV. 

Mesolve  authorising  the  Governor  to  appoint  three  suitable 

persons  to  consider  the  subject  of  the  State  Prison^  at 

large,  and  report.     December  13th,  1816. 

The  Committee  of  both  Houses,  who  were  directed  to 
examine  the  system  now  practised  in  regulating  and  govern- 
ing the  State  Prison,  to  compare  the  same  with  similar  es- 
tablishments in  other  states,  &c.  ask  leave  to  report : 

That  they  have  extended  their  inquiries  towards  the  ob- 
ject of  their  appointment  with  all  the  assiduity  which  has 
been  practicable.  They  have  visited  the  State  Prison,  and, 
through  the  politeness  and  attention  of  the  Warden  and  Offi- 
cers, a  developement  was  made  of  the  existing  state  of  things 
in  relation  to  that  institution,  which  is  highly  honorable  to 
those  entrusted  with  its  care,  and  very  satisfactory  to  your 
Committee. 

But  like  all  other  human  institutions,  this  establishment 
is  capable  of  progressive  improvement. 

Without  going  into  a  detailed  account  of  the  mode  of  em- 
ploying the  convicts,  and  of  the  expenses  consequent  there- 
on, your  Committee  beg  leave  to  call  the  attention  of  the 
Legislature  to  a  few  facts,  which  the  present  inquiry  has 
disclosed. 

It  appears  by  the  letter  of  the  Warden  of  the  State  Prison, 
addressed  to  the  Chairman  of  your  Committee,  herewith  ac- 


STATE  PRISON.-./>ec.  13,  1816.  349 

compaiiying,  that  the  whole  number  of  convicts  are  three 
hundred  and  three,  of  which  fifteen  only  are  females.  There 
are  four  persons  under  the  age  of  fourteen  years,  thirty-four 
persons  between  fourteen  and  twenty- one  years,  and  one 
hundred  and  forty-nine  between  the  age  of  twenty-one  and 
thirty,  making  an  aggregate  of  one  hundred  and  eighty-sev- 
en persons  under  the  age  of  thirty  years. 

The  maxims  of  every  wise  state,  lead  to  the  enactment  of 
laws  calculated  to  prevent  the  commission  of  crimes.  This 
is  a  prime  object :  for  this,  principally,  was  the  penal  code  of 
this  Commonwealth  modified,  and  the  present  mode  of  pun- 
ishment, by  solitary  confinement,  substituted,  for  that  of  a 
more  sanguinary  character,  and  withal  to  give  those  con- 
victed of  crimes,  an  opportunity,  by  repentance  and  amend- 
jaent  of  life,  to  be  restored  to  society. 

Now  your  Committee  would  respectfully  ask,  whether  the 
present  mode  of  treating  the  convicts,  by  putting  those  who 
are  young,  having,  as  yet,  no  fixed  habits  of  vice,  and  sen- 
tenced for  comparative  light  offences,  immured  with  those 
committed  for  heinous  crimes,  and  who  have  long  wallowed 
in  the  paths  of  ini«[uity?  It  is  believed  an  answer  will  be 
given  in  the  negative ;  and  your  Committee  are  corroborated 
in  this  opinion,  from  the  examination  recently  made  before 
the  Municipality  of  London,  on  a  similar  subject,  as  well 
as  from  the  consideration,  that  if  the  number  of  convicts 
continue  to  increase  as  heretofore,  some  new  arrangement, 
classification  of  the  prisoners,  or  an  enlargement  of  the 
Prison  limits,  will  be  indispensable. 

An  eificient  employment  of  the  convicts  is  the  great  de- 
sideratum in  order  to  curtail  the  expenses  of  the  Prison  :  it 
wili  be  seen,  by  the  letter  before  referred  to,  that  only  one 
hundred  and  ninety-four  persons  of  the  whole  number  are 
thus  effectually  employed  at  present.  But  as  the  weaving, 
and  some  other  modes  of  employment,  have  failed  of  being 
productive,  in  a  great  degree,  hewing  of  stone,  and  some 
other  branches  of  work  are  substituted,  which  is  likely  to 
prove  more  beneficial. 

Your  Committee  would  also  beg  leave  to  suggest  the  pro- 
priety of  having  the  clothing  of  the  convicts  manufactured 
by  themselves,  since  wool  is  becoming  a  staple  of  the  Com- 
monwealth ;  and  it  is  believed  coarse  woollens  can  be  manu- 
factured cheaper  than  importations  of  that  article  can  be 
made. 


350    ADJUTANT  GENERAL.— Z>ec.  14,  1816. 

Among  the  various  Penitentiary  establishments  iu  this 
country,  perhaps  none  have  made  greater  advances  toward 
perfection  than  that  in  Pennsylvania  ;  but  as  the  knowledge 
of  your  Committee,  in  this  regard,  is  very  limited,  and  as 
the  investigation  connected  with  this  subject  may  be  impor- 
tant in  its  consequence  to  the  state,  both  as  to  the  purchas* 
of  more  land  contiguous  to  the  Prison,  and  of  dividing  the 
several  apartments  more  effectually,  your  Committee  beg 
leave  to  report  the  following  resolve,  which  is  respectfully 
submitted  by 

MARK  LANGDON  HILL,  Chairman. 

Hesolved^  That  his  Excellency  the  Governor,  with  the 
advice  of  Council,  be  authorized,  and  he  is  hereby  re- 
quested forthwith  to  appoint  three  suitable  persons  to  en- 
quire by  the  most  ready  and  economical  manner,  into  the 
mode  of  governing  tlie  Pennsylvania  Penitentiary,  and 
others  of  a  similar  nature ;  to  consider  at  large  the  subject 
of  the  State  Prison,  and  to  report  any  improvements  which 
can  be  made  in  the  government,  organization,  or  enlarge- 
ment of  that  establishment,  with  leave  to  report  by  bill  or 
otherwise,  at  the  first  session  of  the  next  General  Court. 


CHAP.  CLV. 

Resolve  directing  the  Adjutant  General  to  examine  i^ro- 

ceedings  of  Courts  Martial ^  ^c.  and  report,  §*c. 

December  llth,  18l6. 

Resolved,  That  the  Adjutant  General  be,  and  he  hereby 
is  requested  to  examine  the  proceedings  of  Courts  Martial, 
and  Courts  of  Inquiry,  now  on  file  iu  his  office,  and  report 
at  the  next  session  of  the  Legislature,  if  there  are  any,  and 
what  cases  the  publication  of  which  would  essentially  pro- 
mote the  good  order  of  the  Militia,  and  correct  conduct  in 
officers,  and  tend  to  prevent  the  great  expense  of  calling 
such  Courts  iu  future,  by  showing  the  decisions  that  have 
been  approved. 

Resolved,  That  the  Adjutant  General  be,  and  he  hereby 
is  requested  to  prepare,  and  report  at  the  next  session  of  the 
Legislature,  a  system  of  Artillery,  Light  Infantrj',  and  Rifle 
drill  discipline,  and  manoeuvres  for  the  Light  Infantry  and 
Rifle  corps  of  this  Commonwealth. 


COURTS  MARTIAL.— Dec.  i%  1816.        S5i 

CHAP.  CLVL 

Resolve  directing  that  all  proceedings  of  Courts  Martial, 

and  Inquiry,  be  deposited  in  the  Office  of  the  Adjutant 

General.     December  14ih,  1816. 

Resolvedf  That  the  Secretary  of  this  Commonwealth  be 
directed  to  deliver  over  to  the  Adjutant  General,  all  the  re- 
cords and  papers  in  relation  to  Courts  Martial  and  Courts 
of  Inquiry,  to  be  deposited  in  that  office  ;  and  that  all  pa- 
pers, which  relate  to  the  proceedings  of  Courts  Martial  and 
Courts  of  Inquiry,  shall  hereafter  be  deposited  in  the  Ad- 
jutant General's  office. 

CHAP.  CLVII. 

Resolve  in  favor  of  Isaac  Adams,  Assistant  to  the  Messen^ 

ger  of  the  Governor  and  Council. 

December  14;th,  1816. 

Resolved,  That  there  be  allowed  and  paid  from  the  pub- 
lie  Treasury  of  this  Commonwealth,  to  Isaac  Adams,  As- 
sistant to  the  Messenger  of  the  Governor  and  Council,  two 
dollars  and  fifty  cents  for  each  day  he  may  have  been  or 
shall  be  employed  the  present  session  of  the  Honorable 
Council. 


CHAP.  CLVIIL 

Resolve  for  paying  Joseph  Francis,  Page  to  the  House  of 
Representatives.     December  14th,  1816. 

Resolved,  That  there  be  paid  out  of  the  Treasury  of  this 
Commonwealth,  to  the  Messenger,  to  be  by  him  paid  over 
to  Joseph  Francis,  one  dollar  and  twenty-five  cents  per  day, 
for  each  day  he  the  said  Francis  shall  have  attended  as 
Page  to  the  House  of  Representatives,  the  present  session 
of  the  General  Court. 
46 


3j^  petition  of  D.  wilder.— i)ec.  14,  1810, 

CHAP.  CLIX. 

Eesolve  on  "the  petition  of  David  Tfilder,  autliorizing  him 
to  sell  estate  of  David  Wyer,     December  14th,  1816. 

Oil  tlie  petition  of  David  Wilder,  of  Leominster,  in  the 
county  of  Woicestei',  physician,  Guardian  of  David  Wyer, 
of  said  Leominster,  spendthrift,  praying  that  he,  said  David 
Wilder,  in  his  said  capacity,  may  be  authorized  and  em- 
powered to  sell  at  public  auction,  to  the  highest  bidder,  and 
to  transfer  and  convey  to  the  highest  bidder,  all  said  spend- 
thrift's  real  estate  which  has  come  to  his  hands,  lying  and 
situate  in  said  Leominster,  consisting  of  about  thirfy-tliree 
acres,  with  the  buildings  thereon,  valued  at  thirty-five  hun- 
dred dollars  in  the  inventory  : 

Resolved,  For  reasons  set  forth  in  said  petition,  that  the 
said  David  Wilder,  in  his  said  capacity,  be,  and  he  hereby 
is  fully  authorized  and  empowered  to  sell  at  public  auction, 
and  to  convey  all  the  said  real  estate  belonging  to  the  said 
David  Wyer,  situated  in  said  Leominster,  and  in  his  said 
capacity  to  make  and  execute  good  and  sufficient  deed  or 
deeds  of  conveyance  thereof,  which  deed  when  duly  ac- 
knowledged and  recorded,  shall  make  a  legal  title  to  tJie 
purchaser  or  purchasers  thereof:  Provided,  that  the  said 
David  Wilder  first  give  bond,  with  sufficient  sureties,  to  the 
Judge  of  Probate  for  said  county  of  Worcester,  in  making 
said  gale,  to  observe  the  rules  and  directions  of  law  for  the 
sale  of  real  estate  by  Executors  or  Administrators,  and  that 
the  proceeds  of  said  sale,  so  far  as  the  same  will  extend,  shall 
be  applied  in  the  first  place  to  the  payment  of  the  balance 
mentioned  in  said  petition,  now  due  from  said  spendthrift  to 
said  Guardian,  and  of  the  incidental  expenses  of  the  sale;  and 
the  surplus,  if  any,  to  the  support  and  maintenance  of  said 
spendthrift  and  his  family,  or  otherwise  to  the  rules  of  law. 


CHAP.  CLX. 

Mesolve  granting  pay  to  Warren  Chase,  Henry  Bacon,  and 

Lewis  Loiv,  ,^ssistants  to  the  Messenger  of  the 

General  Court.     December  14th,  1816. 

Resolved,  Thai  there  be  allowed  and  paid  out  of  the  pub- 


PAY  TO  J.  LOW  &  T.  METCALF.— Dec.14,1816.  353 

lie  Treasury  of  this  Commonwealth,  to  Warren  Chase,  Hen- 
ry Bacon,  and  Lewis  Low,  Assistants  to  the  Messenger  of 
the  Greneral  Court,  one  dullar  for  each  day  during  the  pre- 
sent session  of  the  Legislature,  in  addition  to  the  usual  al- 
lowance of  two  dollars  per  day. 


CHAP.  CXLL 

Resolve  granting  fay  to  Jolni  Low,  Jun.  Assistant  Mes- 
senger of  the  House  of  liepresentatives, 
December  14th;  1816. 

Resolved^  That  there  be  allowed  and  paid  out  of  the  Trea- 
surv  of  this  Commonwealth,  to  John  Low,  Jun.  Assist- 
ant Messenger  of  the  House  of  Representatives,  seventy, 
eight  dollars,  in  full  for  his  services  in  that  capacity,  during 
the  present  session  of  the  General  Court. 


CHAP.  CLXIL 

Resolve  granting  jjay  to  Tlieron  MetcaU,  as  Reporter  on 
Contested  Elections.    December  14th,  1816. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  pub- 
lic Treasury,  to  Theron  Metcalf,  Esq.  the  Reporter  of 
Contested  Elections  for  this  House,  the  sum  of  one  hun- 
dred and  twenty-five  dollars,  for  his  services  during  the  pre- 
sent session  of  the  General  Court. 


CHAP.  CLXIIl. 

Resolve  granting  a  tax  to  the  county  of  ICennebecJc. 
December  14th,  1816. 

Whereas  the  Clerk  of  the  Circuit  Court  of  Common  Pleas 
for  the  county  of  Kennebeck,  has  exhibited  an  estimate  made 
by  said  Court,  of  the  necessary  charges  which  may  arise 
within  said  county  the  year  ensuing,  and  of  the  sums  neces 
sary  to  pay  the  debts  of  said  county  : 


354  DISCHARGE  Q,.  M.  GENERAL.— 2>ec.l4,18i6. 

Resolved,  That  the  sum  of  four  thousand  and  eight  hun- 
dred dollars  be,  and  the  same  is  hereby  granted  as  a  tax  on 
the  said  county  of  Kennebeck,  for  the  year  of  our  Lord  one 
thousand  eight  hundred  and  seventeen,  to  be  apportioned, 
assessed,  paid,  collected  and  applied  for  the  purposes  afore- 
said, according  to  law.  And  whereas  said  estimate  is  not 
accompanied  by  the  Treasurer's  account  for  said  county, 
therefore 

Be  it  further  resolved,  That  the  Treasurer  of  said. county 
be,  and  he  hereby  is  required  to  produce  his  account  as 
Treasurer  of  the  county  aforesaid,  at  the  first  session  of  the 
next  General  Court, 


CHAP.  CLXIV. 

Resolve  Aicliarghis;  the  Quarter-Master  General  from  sums 

received,  and  malcins;  an  appropriation  for  his 

department.     December  14th,  1816. 

The  Committee  of  both  Houses,  to  whom  was  referred  the 
Quarter-Master  General's  communication  relating  to  the  ex- 
penditures in  his  department,  have  attended  to  the  duties  of 
their  appointment,  and  find  his  account  well  vouched  and 
right  cast ;  and  that  he  has  expended  the  year  past,  ten 
thousand  five  hundred  and  ninety-six  dollars  and  eighteen 
eents,  including  seventeen  hundred  dollars  for  his  salary  for 
the  year  ending  January  S7th,  1817  ;  and  has  received  the 
year  past,  by  warrants  on  the  Treasury,  twelve  thousand 
dollars,  leaving  a  balance  of  fourteen  hundred  and  three 
dollars  and  eighty-two  cents,  for  which  he  is  still  account- 
able : — Ask  leave  to  report  the  following  resolves,  which  is 
respectfully  submitted. 

Per  order, 

JOSIAH  QUINCY,  Chairman, 

Resolved,  That  Amasa  Davis,  Esq.  Quarter-Master 
General,  be,  and  he  hereby  is  discharged  from  the  sum  of 
ten  thousand  five  hundred  and  ninety-six  dollars  and  eight- 
een cents,  being  part  of  the  sum  he  has  received  the  year 
past,  by  warrants  on  the  Treasury. 

Resolved,  That  the  sum  of  ten  thousand  five  hundred  dol- 
lars be  paid  to  the  Q^uarter-Master  General;  from  the  Trea- 


GRANT  PAY  TO  CHAPLAINS.— /^ec.  i%  1816.    355 

sury  of  this  Commonwealth,  to  meet  the  expenses  of  his  de- 
partment the  ensuing  year ;  for  the  application  of  which 
the  Q^uarter-Master  General  is  to  be  accountable  ;  and  his 
Excellency  the  Governor  is  requested  to  issue  his  warrants 
on  the  Treasury,  for  the  amount,  in  such  sums,  and  at  such 
periods,  as  his  Excellency,  with  the  advice  of  Council,  may 
deem  expedient  for  the  public  service. 


CHAP.  CLXV. 

Resolve  granting  pay  to  the  Chajjlains  of  the  GeneralCourt. 
JDecember  14th,  1816. 

MesolveA,  That  there  be  allowed  and  paid  out  of  the  Trea- 
sury of  this  Commonwealth,  to  the  Reverend  Francis 
Parkman,  Chaplain  of  the  Senate,  and  the  Reverend  Asa 
Eaton,  Chaplain  of  the  House  of  Representatives,  sixty  dol- 
lars each,  in  full  for  their  services  in  said  offices,  the  present 
year. 


CHAP.  CLXVI. 

Resolve   making  allowance  to  the  Messenger  of  General 
Court.     JDecember  14th,  1816. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Trea- 
sury of  this  Commonwealth,  to  Jacob  Kuhn,  Messenger  of 
the  General  Court,  the  sum  of  two  hundred  and  fifty  dollars  ; 
which,  with  the  sum  already  allowed  him,  shall  be  in  full 
for  his  services  the  present  year,  ending  the  thirtieth  day  of 
May  next. 


CHAP.  CLXVII. 

Resolve  providing  for  the  payment  of  the  Committee  on  Jlc- 
aounts.     December  14th,  1816. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  pub- 
lic Treasury,  to  the  Committee  appointed  to  examine  and 
pass  on  Accounts,  presented  against  the  Commonwealth^  for 


356  E.  WHITE  TO  SELL  ESTATE.— Dec.14,1816. 

their  attendance  on  that  service  during  the  present  session, 
the  sum  of  one  dollar  per  day,  in  addition  to  their  pay  as 
Members  of  the  Legislature,  viz. : — 

Hon.  Silas  Holman,  twenty-seven  dollars, 
Thomas  Weston,  thirty  dollars, 
Daniel  Howard,  twenty. eight  dollars, 
James  Robinson,  thirty-two  dollars, 
Alford  Richardson,  thirty-two  dollars. 


CHAP.  CLXVIIL 

Resolve  authorizing  Ebenezer  White  to  sell  estate  of  John 
Kingy  Ids  ivard.     December  llth,  1816. 

On  the  petition  of  Ebenezer  White,  of  Newton,  in  the 
county  of  Middlesex,  Guardian  of  John  King,  of  said  New- 
ton, a  spendthrift,  stating,  that  the  debts  of  the  said  spend- 
thrift, exceed  the  amount  of  his  personal  estate,  and  the 
rents  and  profits  of  his  real  estate  ;  that  it  is  necessary  to 
raise  a  sum  of  money  for  the  payment  thereof,  by  a  sale,  at 
least  of  a  part  of  the  said  King's  real  estate,  and  that  a  sale 
of  a  part  thereof  only,  would  greatly  injure  the  residue,  and 
praying  that  he  may  be  authorized  to  sell  the  whole  of  the 
same  estate  : 

Resolved,  For  reasons  set  forth  in  the  said  petition,  that 
the  said  Ebenezer  White  be,  and  he  hereby  is  authorized  to 
sell  the  whole  of  the  said  real  estate  of  the  said  King,  situ- 
ated in  Newton,  aforesaid,  and  containing  about  sixy  acres, 
with  the  buildings  thereon,  and  a  good  and  sufficient  deed 
or  deeds  thereof,  to  make  to  the  purchaser  or  purchasers  : 
Provided,  that  the  said  White  shall  first  give  bond,  with 
sufficient  sureties,  to  the  Judge  of  Probate,  for  the  said  coun- 
ty of  Middlesex,  in  making  sale,  to  observe  the  rules  and 
directions  of  law  for  the  sale  of  real  estate  by  Executors  or 
Administrators ;  and  that  the  proceeds  of  said  sale,  so  far 
as  the  same  will  extend,  shall  be  applied  in  the  first  place 
for  the  payment  of  the  debts  now  due  from  the  said  spend- 
thrift, of  the  incidental  expenses  of  the  sale,  and  the  surplus, 
if  any,  to  the  support  and  maintenance  of  said  spendthrift 
and  his  family,  or  otherwise  agreeably  to  the  rules  of  law. 


PETITION  OF  F.  ^M^KUSICK.— Dec.  14^,  1816.  357 

CHAP.  CLXIX. 

Resolve  on  the  petition  of  Francis  M'Kusick,  discharging 

him  from  a  judgment  and  executions. 

December  14th,  1816. 

On  tbe  petition  of  Francis  M^Kusick,  of  Denmark,  in 
the  county  of  Oxford,  praying  to  be  relieved  from  a  judg- 
ment in  favor  of  this  Commonwealth,  against  him,  rendered 
at  the  Supreme  Judicial  Court,  holden  at  Portland,  in  the 
county  of  Cumberland,  and  for  the  counties  of  Cumberland 
and  Oxford,  on  the  fourth  day  of  May,  A.  D.  1814,  on  the 
forfeiture  of  his  recognizance  for  the  appearance  of  Bernice 
Hichardson,  at  said  Court,  to  answer  to  an  indictment  against 
the  said  Jlichardson — -which  judgment,  with  the  executions 
issued  thereon,  amounts  to  one  hundred  and  seventy-one 
dollars  and  eighty-two  cents  : 

Uesolved,  For  reasons  set  forth  in  said  petition,  that  the 
said  Francis  M^Kusick  be,  and  he  is  hereby  -wholly  dis- 
charged from  the  said  judgment,  and  the  executions  issued 
thereon. 


CHAP.  CLXX. 

Resolve  on  the  -petition  of  Jesse  Parker,  of  Groton,  Jldmin- 
istrator  on  the  estate  of  Winslow  Parker,  deceased, 
December  14th,  1816. 

On  the  petition  of  Jesse  Parker,  of  Groton,  in  the  county 
of  Middlesex,  Administrator  of  the  estate  of  Winslow  Par- 
ker, late  of  said  Groton,  deceased  ;  it  appearing,  that  this 
Commonwealth,  on  the  1  jth  day  of  December,  A.  D.  1784, 
by  deed  of  that  date,  of  their  Committee,  fully  authorized 
for  a  valuable  consideration  paid  by  said  Winslow,  to  the 
use  of  the  Commonwealth,  sold  and  conveyed  with  warranty 
against  the  claims  of  all  persons,  a  certain  messuage  and 
three  several  tracts  of  land  in  said  Groton,  to  hold  to  him, 
his  heirs  and  assigns  forever ; — It  also  appearing,  that  the 
said  Jesse,  and  Jonas  Longtey  Parker.  Winslow  Parker, 
Libui  Parker,  Dan  Parker,  Nathaniel  Parker,  Job  Parker, 
Harriot  Parker,  Nabby  Parker,  Clark  Parker,  Anna  Parker, 
and  Sabina  Parker,  children  and  heirs  of  said  Winslow 


358    PETITION  OF  i.  PARKER.— 2>^c.  14, 1816. 

Parker,  deceased,  have  beeu  sued  by  one  Gilbert  Ainsley, 
iu  an  action  of  land,  which  said  action  is  now  pending  in 
the  Supreme  Judicial  Court  in  the  said  county  of  Middlesex, 
wherein  the  said  Gilbert  demands  against  the  said  tenants 
one  undivided  moiety  of  the  premises,  sold  and  conveyed 
as  aforesaid  by  said  Commonwealth  : — and  it  further  ap- 
pearing, that  one  James  Martin,  on  the  last  Tuesday  in  Oc- 
tober,  A.  D.  181j,  at  the  Supreme  Judicial  Court,  begun 
and  holden  at  Cambridge,  in  said  county  of  Middlesex,  re- 
covered judgment  against  said  tenants  for  one  undivided 
moiety  of  said  premises,  and  that  the  Jury  estimated  the 
value  of  said  moiety  of  the  premises,  without  the  improve- 
ments, at  seven  hundred  dollars  :  and  that  said  Martin,  then 
and  there,  abandoned  said  premises  to  the  tenants,  and  that 
the  said  Commonwealth  has  paid  to  said  Martin,  said  sum 
of  seven  hundred  dollars,  and  the  cost  of  said  Martin's  suit ; 
and  it  further  appearing,  that  the  said  Gilbert  Ainsley  has 
a  good  title  to  an  undivided  moiety  of  said  premises,  as 
bis  title  was  virtually  settled  iu  the  said  Martin's  action  a- 
gainst  said  tenants  :  Therefore 

Hesolved,  That  the  Treasurer  of  this  Commonwealth  be, 
and  he  is  hereby  directed,  by  warrant  from  his  Excel- 
lency the  Governor,  to  pay  unto  the  said  Gilbert  Ainsley, 
or  his  lawful  attorney,  the  sum  of  seven  hundred  dollars, 
together  v>ith  thirty-six  dollars  and  fifty-seven  cents,  costs 
of  said  Gilbert's  suit,  npon  the  making  and  executing  of 
such  deed  or  deeds,  to  be  approved  by  the  Attorney  Gen- 
eral or  Solicitor  General,  as  sliall  be  sufficient  in  law  to 
bar  and  preclude  him,  the  said  Gilbert,  and  his  heirs  re- 
spectively, from  the  said  premises,  and  every  part  and  parcel 
thereof,  forever,  to  inure  to  the  use  of  said  tenants  their 
heirs  and  assigns  respectively,  and  causing  such  deed  or 
deeds,  so  approved,  to  be  recorded  in  the  Registry  of  Deeds, 
in  the  county  of  Middlesex,  and  there  deposited,  to  be  de- 
livered to  said  tenants,  upon  their  application  therefor. 

And  be  it  further  resolved.  That  the  said  Treasurer  be, 
and  he  is  hereby  directed,  by  warrant  from  his  Excellency 
the  Governor,  to  pay  over  into  the  hands  of  said  Jesse 
Parker,  the  sum  of  twenty-five  dollars,  to  be  taken  in  full 
compensation  for  the  claims  of  the  tenants  upon  the  Com- 
monwealth, for  their  costs  and  charges  about  the  defence  of 
said  suit. 


GKANT  HON.  E.  H.  ROBBING.— 2>ec.  14, 1S16.  359 

CHAP.  CLXXI. 

Resolve  granting  Honorable  Edward  H.  Robhins  S300,  on 

account^  as  Agent  for  sale  of  Eastern  lands, 

December  14th,  1816. 

Resolved,  That  there  be  allowed  and  paid  out  of  the 
Treasury  of  this  Commonwealth,  to  the  Honorable  Edward 
H.  Robbins,  Esq.  three  hundred  dollars^  on  account  of  ser- 
vices rendered  as  Agent  for  the  Commonwealth's  lands,  in 
the  District  of  Maine,  he  to  be  accountable  for  the  same. 

CHAP.  CLXXII. 

Resolve  directing  the  Secretary  to  deliver  Maps  and  Sta- 
tistical View  of  Maine,  to  the  Governor,  Lieutenant 
Governor,  Counsellors,  Senators  and  Representatives. 
December  14th,  1816. 

Resolved,  That  the  copies  of  the  Map  and  Statistical 
View  of  Maine,  by  Moses  Greenleaf,  now  remaining  on. 
hand  of  the  number  subscribed  for,  by  the  Commouvr'ealth, 
be  distributed  as  follows  : 

To  his  Excellency  the  Governor,  his  Honor  the  Lieu- 
tenant Governor,  and  the  Members  of  the  Council,  each  one 
copy,  and  to  the  Members  of  the  Senate  and  House  of  Re- 
presentatives, one  copy  each,  so  far  as  the  number  on  hand 
will  permit. 


CHAP.  CLXXIU. 

Resolve  directing  the  Secretary  to  deliver  the  Laws  and  Re- 
solves to  the  several  County  Treasurers,  and  to  Regis- 
ters of  Deeds.     December  14th,  1816. 

Resolved,  That  the  Secretary  be  directed  to  deliver  to 
each  Register  of  Deeds,  and  each  County  Treasurer,  with- 
in this  Commonwealth,  one  full  set  of  the  Statute  Laws  and 
Resolves  of  this  Commonwealth,  to  be  for  the  use  of  such 
Register  and  Treasurer,  and  their  successors  in  said  oflBces. 

47 


360  PAY  TO  CLERKS.—i/ec.  14, 1816. 

CHAP.  CLXXIV. 

Resolve  to  iiaij  the  Clerks  of  the  General  Court. 
December  14th;  1816, 

Jtesolved,  That  there  be  allowed  and  paid  out  of  the 
Treasury  of  this  Commonwealth,  to  Samuel  F.  M^Cleary, 
Clerk  of  the  Senate,  the  sum  of  three  hundred  and  fifty  dol- 
lars ;  to  Benjamin  Pollard,  Clerk  of  the  House  of  Repre- 
sentatives, the  sum  of  three  hundred  and  fifty  dollars ;  to 
Jeremiah  Perley,  xVssistant  Clerk  of  the  Senate,  the  sum  of 
two  hundred  and  sixty  dollars ;  and  to  Thomas  Waleutt,  a 
Clerk  in  the  Lobbies,  for  the  assistance  of  the  Members  of 
the  Legislature,  one  hundred  and  twenty  dollars,  in  full  for 
their  respective  services,  in  the  capacities  aforesaid,  duiing 
the  present  session  of  the  General  Court. 

CHAP.  CLXXV. 

Mesolve  on  the  petition  of  Thomas  Kennedy,  jiin,  granting 

him  Sll,/o)'  transportation  of  troops. 

December  14th,  1816. 

On  the  petition  of  Thomas  Kennedy,  jun.  of  Newcastle, 
in  the  county  of  Lincoln : 

Mesolvedf  That  eleven  dollars  be  allowed  and  paid  out 
of  the  Treasury  of  this  Commonwealth,  to  said  Kennedy,  in 
full  compensation  for  means  furnished  by  him  for  transport- 
ation of  troops,  in  defence  of  this  Commonwealth,  during 
the  late  war :  Provided,  said  Kennedy  give  duplicate  re- 
ceipts therefor,  one  of  whicli  to  be  filed  in  the  Secretary's 
office,  among  the  demands  against  the  United  States,  for 
expenses  incurred  by  this  state  during  the  late  war  with 
Great  Britain. 


CHAP.  CLXXYL 

Mesolve  directing  the  Quarter  Master  General  to  purchase 

and  send  corn  for  Penobscot  Indians. ^  and  appointing 

Agents  to  deliver  it  to  said  Indians. 

December  14th,  18i6. 

The  Committee  of  both  Houses^  to  whom  was  referred 


CORN  FOR  PENOB.  INDIANS.— Dec.  i%  1816.    361 

the  Memorial  of  the  Principals  and  Agents  of  the  Penob- 
scot tribe  of  Indians,  have  attended  to  the  duty  assigned 
them,  and  ask  leave  to  report : 

That  they  find  the  said  tribe  to  consist  of  about  two  hun- 
dred and  fifty  souls,  more  than  two  thirds  of  whom  are  fe- 
males and  children ;  that  the  said  Indians  have  been,  the 
late  season,  uncommonly  unfortunate  in  their  usual  employ, 
ment  of  hunting;  and  that,  owing  to  this,  to  a  scarcity  of 
provision,  particularly  corn,  at  this  time,  in  their  section  of 
the  state,  and  to  an  injudicious  management  of  what  they 
have  received  from  the  Commonwealth  the  last  autumn,  they 
are  likely  to  be  in  a  condition  little  removed  from  actual 
starvation,  during  the  present  winter  :  Therefore  your  Com- 
mittee beg  leave  to  report  the  following  resolutions. 

WILLIAM  D.  WILLIAMSON, 

Per  Order, 

Hesolved,  That  the  Q^uarter  Master  General  of  this  Com- 
monwealth be,  and  he  is  hereby  authorized  to  purchase,  for 
the  use  of  the  said  tribe  of  Indians,  three  hundred  bushels 
of  corn,  to  inclose  the  same  in  casks,  and  to  procure  the 
transportation  thereof  to  the  store  of  Richard  Thurston,  of 
Frankfort,  in  the  county  of  Hancock. 

Resolved,  That  the  said  Richard  Thurston,  and  Robert 
Parker,  of  Rangor,  in  the  county  of  Penobscot,  are  hereby 
appointed  Agents,  and  directed  to  deliver  the  same  corn  to 
the  said  tribe  of  Indians,  from  and  after  the  first  day  of 
January  next,  in  manner  following,  viz.:  In  each  and  every 
week,  shall  be  delivered  out  to  them  fifteen  bushels  thereof, 
till  the  whole  be  expended  :  And  the  said  Agents  are  here- 
by required  to  render  to  the  said  Quarter  Master  General,  a 
true  statem<fnt  of  their  doings,  within  one  year  from  the 
passing  of  these  resolves. 

Hesolved,  That  the  Governor  be,  and  he  is  hereby  au- 
thorized to  issue  his  warrant  in  favor  of  the  said  Quarter 
Master  General,  on  the  Treasurer  of  this  Commonwealth, 
for  such  sum  of  money  as  will  enable  said  Quarter  Master 
General  forthwith  to  carry  the  provisions  of  these  resolu- 
tions into  complete  eifect. 


36S  LOWER  STATE  HOUSE  WALL.— Dec.  14, 18 16. 

CHAP.  CLXXVn. 

Mesolve  authorizing  the  Governor  to  apjjoint  personsto  su- 
perintend the  straightening  and  lowering  the   wall  in 
therear  of  the  State  Hjise  yard.  December  14th;18l6. 

Resolved,  That  his  Excellency  the  Governor  be,  and  he 
hereby  is  authorized,  by  and  ^vith  the  advice  of  the  Coun- 
cil, to  appoint  three  suitable  persons  to  superintend  the 
straightening  and  lowering  of  the  State  House  wall,  in  the 
rear  of  the  State  House  yard,  the  taking  in  the  steps  into 
the  yard  on  the  east  side  of  the  State  House,  and  the  low- 
ering of  Sumner-street ;  and  to  contract  for  the  exchange  of 
the  land  on  which  the  oiBccs  of  the  State  House  now  stand, 
for  a  piece  of  land  on  the  west  end  of  the  State  House, 
which  land  is  owned  by  the  proprietors  of  the  square  in  the 
rear  of  the  Htate  House,  and  for  the  erection  of  new  offices, 
on  such  laud,  as  shall  be  obtained  by  such  exchange,  in 
such  manner  and  on  such  terms  as  to  said  Comniittee  shall 
be  judged  expedient :  Provided,  that  all  the  land  relinquished 
by  the  Commonwealth,  shall  be  laid  open  to  widen  and 
straighten  said  Sumner-street,  so  that  when  the  new  wall 
shall  be  erected,  it  shall  make  the  division  line  between 
said  Sumner-street  and  the  State  House  yard;  and  provided 
also,  the  same  can  be  done  without  any  expense  to  the  Com- 
laonwcalth. 


ROLL  No.  76....November,  1816. 


THE  Committee  on  Accounts  having  examined 
the  several  accounts,  thev  now  present, 


REPORT,  That  there  are  now  due  to  the  Corpora^ 
tions  and  persons  hereafter  mentioned,  the  sums  set 
to  their  names  respectively,  which,  when  allowed  and 
paid,  will  he  in  full  discharge  of  the  said  accounts, 
to  the  several  dates  therein  mentioned :  which  is 
respectfully  submitted. 

SILAS  H0L3IAN,  Per  Order. 


PAUPER  ACCOUNTS. 

Town  of  Arundel,  for  board,  clothing,  doctoiiug 
and  nursing  Henry  Rolph,  to  26th  November;, 
1816,  14S  75 

Adams,  for  board,  clothins;  and  doctoring  sundry 

paupers,  to  6th  November,  1816,  S35  12 

Augusta,  for  support  of  sundry  paupers,  to  10th 

November,  1816,  "  314-76 

Andover,  for  board  and  clothing  Patrick  Calla- 
han and  Sukey  Horusby,  to  4th  December, 
1816,  '     125  37 

Abington,  for  board  and  clothing  Thomas  Sey- 

mour.  to  4th  December,  1816,  44  00 

Attleborough,  for  support  of  sundry  paupers,  to  7th 

July,  1816,  '  llg  59 

Baldwin,  for  board  and  clothing  Daniel  Hickey, 

to  1st  November,  1816,  "  "^         33  60 

Belgrade,  for  board,  nursing  and  doctoring  Nancy 

Odlin,  to  4th  November.  1816,  51  6Q 

Bowdoinham,  for  board,  clothing  and  nursing  Eli- 

za  Parkei;  to  S3d  October,  1816,  7g  74 


364!  PAUPER  ACCOUNTS. 

Bridgewater.  for  board  and  clothing  sundry  pau- 
pers, to  22d  November,  1816,  98  77 

Barnstable,  for   support,    nursing  and   doctoring 

William  Reed,  to  5th  August,  1816,  28  00 

Barre,  for  board  and  clothing  Samuel  Lee,  Sally 

Taylor  and  her  child,  to  28th  November,  1816,       76  03 

Blandford,  for  board  and  clothing Brews- 
ter, to  8th  November,  1S16,  57  25 

Beverly,  for  board  and  clothing  sundry  paupers, 

to  IsV  December,  1816,  200  99 

Bradford,  Samuel,  keeper  of  goal  in  the  county  of 
Suffolk,  for  supporting  sundry  poor  prisoners^ 
confined  for  debt,  to  19th  October,  1816,  568  50 

Belchertown,  for  board  and  clothing  sundry  pau- 
pers, to  16th  November,  1816,  77  95 

Bedford,  for  board  and  nursing  Daniel  M-Carter, 
till  his  death,  and  funeral  expenses,  October 
31st.  1816,  30  00 

Bellingham,  for  board,  clothing  and  doctoring  Na- 
than Freeman  and  wife,  to  4th  December,  181 6,       7^  55 

Boston  Board  of  Health,  for  support  and  doctor- 
ing sundry  paupers,  at  the  Hospital  on  Rains- 
ford  Island,  wifli  contagious  disease,  491  56 

Brookline,  for  board,  nursing  and  doctoring  Peter 

Henry,  to  2d  December,  1816,  20  00 

Boston,  for  board  and  clothing  sundry  paupers,  to 

1st  December,  1816,  G066  37 

Chesterfield,  for  board  and  clothing  sundry  pau- 
pers, and  funeral  charges  of  Rachel  Polly,  to^ 
10th  November,  1816,  "  77  23 

Chester,  for  board  and  clotliing  George  Buttolph 
and  wife,  and  Benjamin  Powers,  to  2d  Novem- 
ber, 1816,  182  96 

Cambridge,  for  board  and  clothing  sundry  pau- 
pers, to  I6th,  1816,  336  06 

Cape  Elizabeth,  for  board  and  clothing  James 
Ramsbottom,  and  Thomas  Farrar,  to  4th  No- 
vember, 1816,  102  56 

Cheshire,  for  board  and  clothing  sundry  paupers, 

to  8th  November,  1816,  "  128  36 

Canton,  for  support  of  John  Cole,  to  1st  Mav, 

1816,  *         33  60 


PAUPER  ACCOUNTS.  365 

Charlestown,  for  board  and  clothing  sundry  pau- 
pers, to  5th  December,  1816,  597  78 
Dorchester,  for  board  and  clothing  John  Harrison 

and  Thomas  Wyman,  to  Slst  Xovember,  1816,       49  00 
Durham,  for  board  and  clothing  sundry  paupers, 

to  1st  December,  I8i6,  165  60 

Dalton,  for  board,  doctoring  and  nursing  Martha 
Dalton,  till  she  left  the  town,  llth  November, 
1816,  41  00 

Danvers,  for  board  and  clothing  sundry  paupers, 

to  19th  November,  1816,  ^        929  13 

Dracut,  for  support  of  Richard  Baker,  to  9th  No- 

Tember,  1816,  57  17 

Elliot,  for  board  and  clothing  Abigail  Randal  and 

Jacob  Brewer,  to  ^5th  November,  I8l6,  59  66 

Enfield,  for  board  and  nursing  William  Rice,  to 

23d  November,  1816,  46  50 

Egremont,  for  board  and  clothing  sundry  paupers, 

to  12th  November,  18l6,  "  230  87 

Framingham,  for  support  of  Lucy  Green,  to  8th 

November,  1816,  22  03 

Friendship,  for  board  and  clothing  James  Metcalf 

and  Martha  Bigmore,  to  7th  November,  1816,         54  35 
Falmouth,  Cumberland  county,  for  support  of  Fe- 
lician  Sang  and  Lettis  Willson,  to  Sth  Novem- 
ber, 1816  :  also  for  Rachel  Gushing  and  Anna 
Baker,  to  same  time,  159  94 

Franklin,  for  board  and  doctoring  Thomas  Barre, 

till  his  death,  and  funeral  charges,  June,  1S16,       13  00 
Falmouth,  Barnstable  county,  for  support  of  Ed- 
ward Edwards,  to  3d  December,  1816,  24  00 
Frankfort,  for  board  and  clothing  Hatwell  Colson, 

to  1st  November,  1816,  47  79 

Gorham,  for  support  of  Robert  Gillfilling,  to  10th 

November,  1816,  36  00 

Grafton,  for  supplies  to  Benjamin  White  and  Isaac 

Newman,  to  7th  November,  1816,  88  16 

Gill,  for  board  and  clothing  sundry  paupers,  to 

I6th  November,  1816,  183  IS 

Great  Barrington,  for  board,  clothing  and  nursing 

sundry  paupers,  to  12th  November,  lSi6,  227  78 

Granville,  for  board,  nursing  and  doctoring  George 

Taylor,  to  4th  November.  1816,  29  00 


S66  PAUPER  ACCOUNTS. 

Greenfield,  for  support  of  Lazarus  Tollis  and  wife, 
to  1st  August,  1816,  and  removing  them  out  of 
the  Commonwealth,  114  00 

Gloucester,  for  board  and  clothing  sundry  paupers, 

to  10th  November,  1816,  1074  99 

Hadley,  for  board  and  clothing  Friday  Allen  and 

wife,  to  6th  November,  1816,  87  00 

Haverhill,  for  board,  clothing,  doctoring  and  nurs- 
ing Aaron  Abbot  and  William  Tapley,  to  25th 
November,  1816,  84  88 

Hodgkins,  Joseph,  keeper  of  the  House  of  Cor- 
rection in  the  county  of  Essex,  for  support  of 
sundry  paupers,  to  Slst  November,  18l6,  SOO  15 

Ipswich,  for  board  and  clothing  sundry  paupers, 

to  1st  November,  1816,  ^^^  1» 

Kittery,  for  board  and  clothing  Sarah  and  Debo- 
rah Perkins,  and  child,  to  36th  November,  181 6,     134  16 

Kingston,  for  board  and  clothing  James  and  Ed- 
ward Renney,  to  23d  November,  1816,  %i  9^ 

Long  Meadow,  to  support  of  sundry  paupers,  to 

9th  November,  1816,  133  68 

Lenox,  for  board,  clothing  and  doctoring  sundry 

paupers,  to  8th  November,  1816,  165  4# 

Lee,  for  support  of  sundry  paupers,  to  5th  Novem- 
ber, 1816,  243  39 

Lanesborough,  for  board,  clothing,  and  supplies 

to  sundry  paupers,  to  1st  November,  1816,  188  14 

Lewistown,  for  board,  clothing  and  nursing  John 
Steel,  till  his  death,  and  funeral  charges,  34th 
July,  1816,  ^  Q^  79 

Leeds,  for  board  and  clothing  Nicholas  Tallier 

and  Richard  Creech,  to  6th  November,  1816,  76  67 

Leyden,  for  board  and  clothing  sundry  paupers,  to 

9th  November,  1816,  118  93 

liincolnville,  for  board,  clothing  and  nursing  sun- 
dry paupers,  to  9th  November,  1816,  165  19 

Lynn,  for  board  and  clothing  sundry  paupers,  to 

39th  November,  1816,  543  53 

Mount  Vernon,  for  supplies  to  William  Ham  and 

family,  to  4th  November,  1816,  38  66 

Monmouth,  for  board  and  clothing  John  Sherburn 

and  Peggy  Magner,  to  13th  November,  1816,       131  ^t 


PAUPER  ACCOUNTS.  367 

jVlalden,  for  board,  clothing  and  doctoring  Samuel 
Thomson,  until  his  death,  and  funeral  charges, 
17th  March,  1816,  38  jO 

Medlield,  for  board  and  clothing  George  Turner, 

to  25th  November,  IS  16,  56  86 

Montville,  for  support  of  John  Gloster,  to  7th  No- 
vember, 18 16,  g-i  81 

Minot,  for  board  and  clothing  Philip  Weeks,  to 

15th  November,  I8I6,  4,6  75 

Milford,  for  board  and  clothing  Betsey  Gould,  to 

26th  November,  1816,  46  97 

Machias,  for  board,  clothing,  doctoring  and  nurs- 
ing sundry  paupers,  to  l6th  November,  181 6,        140  18 

Marlborough,  for  support  of  Joseph  Waters,  to 

S8th  November,  181 6,  6S  00 

Merrill,  John,  for  doctoring  sundry  criminal  pri- 
soners in  Portland  gaol,  to  ^Oth  November, 
I816,        ^  16  38 

Manning,  Thomas,  for  doctoring  sundry  criminal 
prisoners  in  Ipswich  gaol,  to  17th  November, 
1816,  19  34 

Marblehead,  board  and  clothing  sundry  paupers, 

to  14th  November,  1816,  313  01 

Milbury,  for  support  of  Freeman  Siill,  to  9th  No- 
vember, 1816,  43  31 

Middleborough,  for  support  of  sundry  paupers,  to 

2d  December,  1816,  128  46 

Northfield,  for  support  of  Amos  Riley,  a  child,  to 

8th  November,  1816,  26  40 

Newbury,  for  board  and  clothing  sundry  paupers, 

to  l6th  November,  1816,  1188  73 

Noyes,  Nathan,  for  doctoring  sundry  criminal  pri- 
soners in  county  of  Essex  gaol,  to  lOth  April, 
1816,  23  79 

New  Gloucester,  for  board  and  clothing  sundry 

paupers,  to  18th  November,  18(6,  137  16 

North  Yarmouth,  for  board  and  clothing  sundry 

paupers,  to  8th  November,  1816,  60  60 

North  Hampton,  for  board,  clothing  and  doctoring 

sundry  paupers,  to  25th  November,  1816,  275  91 

Norwich,  for  support  of  Daniel  Williams,  to  13th 
November,  I8I6,  '  31  gt 

48 


M8  PAUPER  ACCOUNTS. 

Newi^y,  for  board  and  clothing  William  Burk,  to 

1st  November,  1816^  S6  59 

New  Bedford,  for  board  and  clothing  sundry  pau- 
pers, to  1st  November,  1816,  385  21 

Newton,  for  board,  clothing  and  doctoring  Joseph 
Pritchard,  to  7th  November,  1816,  and  Hugh 
Stanley,  till  his  death,  and  funeral  charges,  147  77 

Ncwburyport,  for  board  and  clothing  sundry  pau- 

pere,  to  1st  December,  1816,  1164  68 

North  Brookfield,  for  board  and  clothing  Daniel 
Peterson,  and  Joseph  Peterson,  to  4th  N  ovem- 
ber,  1816,  63  89 

Overseers  of  Marshpee  Indians,  for  board,  cloth- 
ing and  doctoriug  sundry  paupers,  to  1st  De- 
cember, 1816,  494  97 

Pittsfield,  for  board  and  clothing  sundry  paupers, 

to  15th  November,  1816,  295  14 

Pepperell,  for  board,  clothing  and  nursing  Robert 

B.  Minchin,  to  23d  May,  1816,  31  20 

Peru,  for  support  of  James  Robbins,  to  25th  No- 
vember, 1816,  42  37 

Plymouth,  for  board  and  clothing  sundry  paupers, 

to  24th  November,  1816,  423  10 

Palmer,  for  board,  clothing  and  nursing  William 

and  Phebe  Meudon,  to  16th  November,  1816,       110  16 

Portland,  for  board  and  clothing  sundry  paupers, 

to  I6th  November,  1816,  1147  60 

Rowley,  for  board,  clothing  and  doctoring  Ben- 
nins;  Dow  and  Ellen  Collins,  to  November  lltb, 
1816,  73  38 

Rochester,  for  support  of  Depford  Brown,  till  his 

death,  April,  1816,  25  00 

Randolph,  for  board  and  clothing  William  Reed, 

to  6th  June,  1816,  31  06 

Reading,  for  board,  clothing  and  doctoring  Ceaser 

Howard,  till  he  left  the  town,  October,  1813,  44  00 

Roxbury,  for  board  and  clothing  sundry  paupers, 

to  25th  November,  1816,  333  84 

Rowe,  for  board  and  clothing  Betsey  Carpenter, 

to  15th  May,  •1816,  26  00 

Richmond,  for  board,  clothing  and  doctoring 
Thomas  Rowley  and  Samu-el  Hill,  to  2d  De- 
cember, 1816,  95  40 


PAUPER  ACCOUNTS.  369 

lleliobotli,  for  support  of  sundry  paupers,  to  25th 
November,  1816,  and  Goff  till  his  death,  and 
funeral  charges,  S49  36 

Sutton,  for  board  and  clothing  Isabella  Santee's 
three  children,  to  10th  November,  1816,  37  68 

Stockbridge,  for  board,  clothing  and  doctoring 
sundry  paupers,  to  2d  September,  1816,  300  29 

Shelburn,  for  board  and  clothing  Mary  Batts,  to 

11th  November,  1816,  76  98 

Sekonk,  for  board,  doctoring  and  nursing  John 

Currie,  to  11th  November,  1816,  39  43 

Somerset,  for  board,  doctoring  and  nursing  John 
Webb,  till  his  death,  and  funeral  charges,  Oc- 
tober, 1816,  17  00 

Sherburne,  for  board  and  clothing  Benjamin 
Houghton,  to  25th  November,  1816,  43  00 

Salisbury,  for  board  and  clothing  Mary  Curtis,  to 

16th  September,  1816,  8  25 

Sheffield,  for  board  and  clothing  Hannah  Row,  to 
November  9th,  1816,  and  Samuel  Deverett,  till 
liis  death,  and  funeral  charges,  65  64 

Saudisfield,  for  board  of  Richard  Dickson  and 

family,  to  6th  November,  1816,  24  00 

vShirley,  for  board,  clothing,  doctoring  and  nurs- 
ing sundry  paupers,  to  25th  November,  1816,        165  30 

South  Berwick,  for  board  and  clothing  Lemuel 

Wood  worth,  to  5th  November,  1816,  33  00 

Springfield,  for  support  of  sundry  paupers,  to  7th 
November,  1816,  37  87 

Sterling,  for  board  and  clothing  Jemima  Pike,  to 
21st  November,  1816,  78  08 

Swanzey,  for  support  of  Garret  Burns  and  James 
Garnet,  to  7th  December,  1816,  64  40 

Salem,  for  board  and  clothing  sundry  paupers,  to 

December  2d,  1816,  2103  10 

Sedgwick,  for  board,  clothing  and  nursing  Frede- 
rick Chapel,  till  his  death,  and  funeral  charges. 
May,  1816,  13  50 

St.  George,  for  board  and  clothing  Robert  Howe, 
to  7th  December,  1816,  30  80 

Topsham,  for  board  and  clothing  John  Duggin,  to 
18th  November,  1816^  71  07 


370  PAUPER  ACCOUNTS, 

Thomasiown,  for  Loard,  clotbing  and  doctoring 

John  Anderson,  to  18th  November,  1816,  7^  ^S 

Taunton,  for  board  and  clothing  sundry  paupers, 

to  17th  November,  1816,  401  44 

Tyngsbor.iugh,  for  support  of  George  Young,  to 

2d  November,  1816,  28  38 

Uxbridge,  for  board  and  clothing  sundry  paupers, 

to  November  12th,  1816,  102  03 

Vassalborough,  foi*  board  and  clothing  Abigail 
Fairbrother,  to  11th  November,  181 6,  and  Gus- 
tavus  Fellows,  to  September  4th,  when  he  left 
the  town,  114  91 

Warren,  for  support  of  sundry  paupers,  to  4th 

November,  1816,  SJ8  28 

Winthrop,  for  board,  clothing  and  doctoring  Wil- 
liam Gaskill,  to  7th  November,  I8I6,  and  Olive 
Howard,  till  her  death,  and  funeral  charges,  109  96 

W'estern,  for  board  and  clothing  Harriet  Trim,  to 

S5th  May,  1816,  13  GB 

Wells,  for  support  of  Sarah  Smith,  to  1st  Novem- 
ber, 1816,  11  95 

Walpole,  for  board,  clothing,  doctoring  and  nurs- 
ing sundry  paupers,  to  13th  November,  1816,        111  89 

Wilbraham,  for  board,  doctoring  and  nursing  John 

Wise,  to  9th  November,  1816,  15  00 

Windsor,  for  board  and  clothing  Rachel  Smith, 

till  her  death,  June,  1816,  and  funeral  charges,       11  00 

Warwick,  for  board  and  clothing  Lord  Anson 

Wood,  to  21st  December,  181 6,  36  00 

West  Springfield,  for  board  and  clothing  sundry 

paupers,  to  4th  November,  181 6,  105  66 

Wellington,  for  support  of  Catharine  Butler,  to  1st 

December,  181 6,  37  50 

Westboroughj  for  board  and  clothing  Dinah,  a  Ne- 
gro, to  1st  December,  1816,  53  23 

Wrentham,   for    board,    clothing   and    doctoring 

Daniel  Fitzgerald,  to  1st  December,  1816,  83  30 

Wareham,  for  support  of  William  Long,  to  12th 
vember,  1816,  8  10 

Ward,  for  support  of  Francis  Savage,  to  lltli 

November,  1816,  31  00 

Williamstown,  for  board,  clothing,  doctoring  and 
nursing  sundry  paupers,  to  23d  November;  181 6,     176  40 


MILITARY  ACCOUNTS.  371 

WiltoH,  for  doctoring  Esther  Cooms,  to  2d  March, 

1816,  IS  46 

Wiseasset,  for  support  of  simtlry  paupers,  to  9th 

November,  1816,  "  184  43 

Worcester,  for  board  and  clothing  sundry  pau- 
pers, to  1st  December,  181 6,  25Q  84 

"Westford,   for   board    and    clothing    Christopher 

Shepherd,  to  1st  November,  1816,  52  06 

West  Stockbridge,  for  support  of  Lucy  Lane  and 

Johu  C.  Biggs,  to  17th  November,  I8I6,  95  88 

Westfield,  for  board  and  clothing  Theodocia  Gil- 
let  and  John  Baker,  to  1st  December,  I8I6,  79  31 

York,  for  board  and  clothing  sundry  paupers^,  to 

16th  November,  1816,  294  55 


S30,550  41 

MILITARY  ACCOUNTS. 

Courts  Martial,  Courts  of  Inquiry,  S^c. 

To  Ezra  Curlin,  for  travel  and  attendance  as  a 
Member  of  a  Court  Martial,  held  at  Salem,  in 
January,  1816,  whereof  Colonel  James  Apple- 
ton  was  President,  omitted  in  the  Pay  Roll  by 
mistake,  8  10 

Hyde,  Z.  for  the  expense  of  a  Court  of  Inquiry, 
held  at  Brunswick,  in  October,  1814,  whereof 
Major  Thomas  Eastabrook  was  President,  64  58 

Mattoon,  Ebenezer,  Adjutant  General,  for  the  ex- 
pense of  Courts  of  Inquiry,  held  at  Reading  and 
Newton,  in  1814  and  1816,  21  S3 


93  91 


Brigade  Majors  and  Mds-de-Camp. 


To  Allen,  Samuel,  jun.  to  1st  November,  1816,  23  28 

Bliss,  George,  jun.  to  1st  October,  1816,  68  47 

Barnard,  Robert  F.  to  28th  September,  1816,  30  30 

Blake,  James,  to  8th  November,  1816,  I7I  19 

Clap,  Ebenezer,  to  8th  Februar*,  1816,  43  55 

Carter^  Solomon,  to  1st  October,  I8I6,  122  41 


373  MILITARY  ACCOUNTS. 

Dutch,  Ebenezer,  to  18th  November,  1816, 
Gilbert,  Thomas,  to  13th  November,  1816, 
Goodrich,  Elijah  P.  to  23(1  September,  1816, 
Grennel,  George,  to  1 0th  September,  1816, 
Hubbell,  Calvin  to  Uth  October,  1816, 
Hubbard,  Russell,  to  i5th  November,  1816, 
Hight,  William,  to  2d  October,  181 6, 
Hyde,  Zena,  to  18th  October,  1816, 
Jaques,  Samuel,  to  20th  November,  1816. 
Mitchell,  Daniel,  to  lOlh  November,  1816, 
Osgood,  Joshua  B.  to  10th  October,  1816, 
Page,  Samuel,  to  29th  October,  1816, 
Starr,  James,  jun.  to  1st  November,  1816, 
Sampson,  Joseph,  to  21st  November,  1816, 
Smith,  John  W.  to  5th  October,  1816, 
Scott,  John,  to  30th  October,  1816, 
Hobinson,  Jesse,  to  19th  October,  1816, 
Thacher,  George,  to  13th  November,  1816, 
Thayer,  Samuel  M.  to  10th  October,  1816, 
Thayer,  Minot,  to  1st  September,  1816, 
Tarnura,  Benjamin  F.  to  19th  October,  1816, 
Whitney,  Timothy  P.  to  8d  October,  1816, 
Wingate,  Joseph,  to  12th  October,  1816, 
Woods,  Sampson,  to  26th  October,  1816, 


Brigade  Quarter  Masters. 

Butterfield,  Joseph,  to  1st  October,  1816, 
Fales,  Samuel  E.  to  1st  October,  1816, 
Garrett,  Andrew,  to  1st  October,  1816, 
Gitchell,  Ephraim,  to  1st  October,  1816, 
Hoyt,  Elihu,  to  1st  October,  1816, 
Kendall,  Henry,  to  1st  November,  1816, 
Lyman,  Levris,  to  1st  October,  1816, 
Pollard,  Oliver,  to  1st  October,  1816, 
Phinney,  Elias,  to  1st  October,  1816, 
Ripley,  James  W.  to  1st  October,  1816, 
Taylor,  Henry,  to  1st  October,  1816, 
Wood,  David,  jun.  to  1st  October,  1816, 


71 

20 

14 

00 

22 

18 

62  78 

62 

59 

23 

20 

38  70 

110  69 

477  93 

55 

48 

21 

40 

112  51 

52 

97 

62 

er 

50 

91 

101 

97 

147  21 

22 

30 

109  85 

92  65 

12 

50 

119 

25 

73 

50 

77  50 

2155 

14 

22  00 

22 

30 

16 

20 

31 

85 

37  80 

29 

35 

28 

40 

19  60 

29 

50 

38  60 

36 

40 

14  80 

3g6  80 


MILITARY  ACCOUNTS.  373 

Jldjutants. 

Arms,  George,  to  12tli  October,  1816,  34?  84? 

Adams,  James,  jun.  to  1st  October,  1816,  10  85 

Bryant,  William  C.  to  28th  September,  1816  5  49 

Bourn,  Abner,  to  25ih  September,  1816,  106  88 

Burnham,  Enoch,  to  10th  November,  1816,  35  yl 

Burt,  David,  to  11th  September,  1816,  19  45 

Breed,  Andrew,  to  S9th  September,  1816,  39  35 

Bemis,  Isaac,  jun.  to  1st  November,  1816,  73  91 

Burnham,  Thomas,  to  19th  February,  1816,  30  15 

Choate,  William,  to  5th  November,  1816,  4  97 

Cooley,  Stephen,  jun.  to  25th  September,  1816,  22  25 

Crane,  Thomas,  13th  October,  1816,  45  25 

Carlton,  AVilliam,  to  1st  September,  1816,  22  21 

Coolidge,  Nathaniel,  to  24th  September,  1816,  30  12 

Colman,  Daniel,  to  1st  November,  1816,  22  58 

Campbell,  D.  to  12th  September,  1816,  IQO  36 

Clark,  Gilbert,  to  18th  November,  1816,  80  13 

Champney,  John,  to  8th  November,  1816,  94  13 

Cushiug,  Ned,  to  27th  September,  1816,  58  23 

Clark,  Joseph,  to  7th  September,  1816,  59  77 

Carr,  Francis,  jun.  to  2d  March,  1815,  9  58 

Carr,  Joshua  W.  to  20th  September,  1816,  22  95 

Clark,  Samuel,  to  14th  November,  1816,  113  75 

Dean,  John  G.  to  1st  September,  1816,  30  63 

Draper,  William,  to  12th  November,  1815,  46  49 

Deming,  John,  to  20th  September,  1816.  42  88 

Dickinson,  Philo,  to  17th  September,  1816,  14  53 

Foster,  Benjamin,  to  14th  September,  1816,  69  43 

Freeman,  William,  to  3d  November,  1S16  26  67 

Fairbanks,  Stephen,  to  2Sth  September,  1816,  109  62 

Goodridge,  Elijah  P.  to  17th  April,  1816,  20  61 

Derrick,  Oliver,  to  24th  September,  1816,  12  88 

Haskell,  Joseph,  to  18th  September,  1815,  52  13 

Hale,  E.  jun.  to  3 let  August,  1816,  26  95 

Harrington,  Joseph,  to  llth  October,  1816,  66  58 

Hoyt,  John  C.  to  9th  October,  1816^^  18  91 

Hapgood,  Thomas,  to  18th  November.  1816,  41  11 

Hovey,  Alfred,  to  12ih  September,  1816,  59  88 

Hcnshaw,  Samuel,  to  10th  Novemlier,  1816,  58  62 

Jaques,  Henry,  to  20th  November,  I8l5^.  77  77 

Jones,  Nathan,  to  llth  October,  1816.  1«  84 


374  MILITARY  ACCOUNTS. 

Keith,  Joseph,  to  22d  September,  1816^  "48  55 

Kingman,  Simeon,  to  l6th  August,  1816,  DO  98 

Knight,  Peter  M.  to  15th  September,  1816;  3  40 

Keith,  Cyrus,  to  14th  September,  1816,  26  88 

Lincoln,  Asa,  to  29th  September,  1816,  15  90 

Marstou,  Jonathan,  to  S6th  June,  1816,  44  2S 

Mitchell,  Isaac,  to  21st  September,  1816,  48  22 

Nye,  Joseph,  to  23d  September,  1816,  32  02 

Nason,  Levit,  to  26th  September,  1816,  31  75 

Ormsbee,  Abraham,  to  l6th  September,  1816,  41  82 

Parker,  Joseph,  to  3d  August,  I8l6,  23  96 

Plummer,  Benjamin,  to  1st  November,  1812,  21  34 

Parsons,  William,  jun.  to  1st  October,  1816,  12  87 

Rollins,  John,  to  20th  October,  1816,  40,48 

Rockwell,  Uzal,  to  25th  September,  1816,  14  13 

Rice,  Alvan,  to  19th  May,  1816,  10  14 

Richardson,  Wyman,  to  17th  September,  1816,  43  15 

4    Tobey,  Elisha,  to  1st  February,  18  6,  32  90 

Thompson,  Charles,  to  22d  September,  1816,  53  17 

Tucker,  Seth,  to  llth  October,  18{6,  81  50 

Stone,  Hosea,  to  21st  September,  1816,  12  00 

Sewall,  Benjamin,  to  8th  November,  1816,  68  21 

Sprague,  Roswell,  to  7th  September,  1816,  15  83 

Stanwood,  David,  to  I9th  September,  1816,  45  7^ 

Sexton,  George,  to  2d  October,  1816,  21  06 

Shepherd,  James,  to  27th  Septemper,  1816,  107  62 

Seaver,  James,  jun.  to  6th  October,  1816,  70  88 

Sayles,  Richard,  to  26th  September,  1816^  43  32 

Sayles,  Williard,  to  28th  September,  1816,  37  45 

Sampson,  John,  to  9th  September,  18  i  6,  14  00 

Wyles,  John,  to  llth  November,  18 i 6,  18  69 

Waters,  Jason,  to  1st  September,  1816,  11  99 
Williams,  Lemuel,  jun.  to  25th  September,  1816,       37  30 

Wild,  Jonathan,  jun.  to  1st  October,  18^6,  92  29 

Wright,  Simeon  W.  to  22d  August,  1816,  13  90 

Winter,  Samuel,  to  27th  September,  1816,  26  12 

Wheelwright,  George,  to  llth  September,  1816,  16  31 

S3160  61 

F.xpense  of  Horses  to  haul  Artillery, 

Baehellor,  Samuel,  to  2d  November,  1816,  6  00 

Bigelow,  David,  to  9th  November,  1816,  5  00 


'<W^' 


MILITARY  ACCOUNTS.  s: 

Babcoek,  Nathan,  to  8th  November,  1816,  18  00 

Cromwell,  Aldrich,  to  11th  October,  I8lO,  9  00 

Cobb,  William,  to  37th  November,  1816,  15  00 

Cutler,  Samuel,  to  3d  October,  1816,  40  00 

Dyer,  James,  to  34th  September,  1816,  10  00 

Eastman,  Philip,  to  13th  September,  I8l6,  10  00 

Everett,  George,  to  19th  October,  1816,  8  00 

Freeman,  Asa,  to  24th  September,  1816,  3  00 

Farnsworth,  William,  to  1st  November,  1816,  10  00 

Gilley,  John,  to  9th  October,  1816,  10  00 

Goldthwait,  Moses,  to  9th  October,  1816,  10  00 

Green,  Nathaniel,  to  27th  October,  1816,  5  00 

Holt,  Amos,  to  13th  September,  181 6j  7  ^0 

Hopkins,  Charles  W.  to  1st  November,  1816,  7  50 

Harrington,  Nathaniel,  to  9th  October,  1816,  8  33 

Jameson,  Robert,  to  25th  September,  1816,  11  00 

Johnson,  Alfred,  to  27th  September,  1816,  5  00 

Morse,  Nathaniel,  to  1st  September,  1816,  25  00 

Mattoon,  Elijah,  jun.  to  1st  November,  1816^  10  00 

Mayhew,  Frederick,  to  12th  October,  1816^  7  50 

Mason,  Isaac,  to  8th  November,  1816,  15  00 

Nelson  Ezra,  to  4th  November,  1816,  7  50 

Phelps,  Ansel,  to  9th  October,  1816,  5  00 

Phelps,  Julius,  to  11th  October,  1816,  5  00 

Pomeroy,  Barry  G.  to  1st  November,  1816,  10  00 

Phillips,  B.  to  1st  October,  1816,  40  00 

Sibley,  Samuel,  to  1st  November,  18l6,  5  00 

Smith,  Edmund  M.  to  1st  November,  1816,  15  00 

Smith,  Joseph  E.  to  1st  November,  1816,  40  00 

Thaxter,  Jonathan,  to  1st  October,  1816,  30  00 

Webber,  Amos  S.  to  26th  September,  1816,  S2  50 

Wadleigh,  Ephraim  B.  to  9th  October,  1816,  42  50 

Varnum,  Phineas,  to  8th  November,  181 6,  7  50 

,S425  83 

Aggregate  Courts  Martial,  &c.  93  61 

"      -  Brigade  Majors,  &c.  2155  14 

"         Brigade  Quarter  Masters,  326  80 

<^         Adjutants,  3160  51 

^*         For  Artillery  Horses,  425  83 

Total  Military,  S6162  19. 

49 


378    SHERIFF'S  &  CORONER  S  ACCOUNTS. 

Cooper,  Jolin,  Sheriff  of  Washington  County,  for 

returning  votes,  to  December,  1816,  59  50 

Crane,  Elijah,  Sheriff  of  Norfolk  County,  for  re- 
turning votes,  to  December,  181(>,  §  7^ 

Davis,  Wendell,  Sheriff  of  Barnstable  County,  for 

returning  votes,  to  December,  1816,  10  00 

i^^olsom,  John  W.  Coroner  of  Suffolk  County,  for 
inquisition  on  the  body  of  sundry  strangers,  and 
burial,  to  December,  181 6,  G-i  15 

Goodwin,  Nathaniel,  Coroner  of  York  County,  for 
inquisition  on  the  body  of  a  stranger,  and  burial, 
March,  1815, 

Howard,  Samuel,  Sheriff  of  Kennebeck  County, 
for  returning  votes,  to  December,  1816, 

Herrick,  Jedediah,  Sheriff  of  Penobscot  County, 
for  returning  votes,  to  December,  18 16, 

Hunnewell,  Richard,  Sheriff  of  Cumberland  Coun- 
ty, for  returning  votes,  to  December,  1816, 

Leonard,  Horatio,  Sheriff  of  Bristol  County,  for 
returning  votes,  to  December,  1816, 

McMillan,  John,  Sheriff  of  Oxford  County,  for  re- 
turning votes,  to  December,  1816, 

Pike,  Joseph,  Coroner  of  Essex  County,  for  in- 
quisition on  the  body  of  a  stranger,  and  burial, 
August,  1816, 

Thacher,  Samuel,  Sheriff  of  Lincoln  County,  for 
returning  votes,  to  December,  1816, 

Witt,  Thomas,  Coroner  of  Essex  County,  for  in- 
quisition on  the  body  of  a  stranger,  and  burial, 
September,  1816, 

Ward,  Thomas,  Sheriff  of  Worcester  County,  for 
returning  votes,  to  December,  18i6, 


17 

84 

5Q 

10 

70  00 

41 

25 

10 

00 

26 

67 

13 

58 

34  00 

23 

39 

24  38 

S456  58 


PRINTER'S  ACCOUNTS. 


Alien,  Phinehas,  for  publishing  Acts  and  Re- 
solves, to  December,  1816,  16  67 

Burrill  and  Tileston,  for  publishing  Acts  and  Re- 
solves, to  July,  1816,  16  67 

Cheever,  Nathaniel,  for  publishing  Acts  and  Re- 
solves, to  December,  1816,  16  67 


MISCELLANEOUS  ACCOUNTS.  ^9 

Foster,  Moses  B.  for  printing  for  State  Treasurer, 

to  December,  1816,  2  16 

Phelps,  Ansel,  for  publishing  Acts  and  Resolves, 

to  December,  1816,  16  67 

Russell,  Benjamin,  for  publishing  Acts  and  Re- 
solves, to  December,  1816,  16  67 

Russell,  Benjamin,  by  Russell,  Cutler,  &  Co.  for 
printing  for  the  government,  to  December  13th, 
1816,  2189  95 

S2270  46 

MISCELLANEOUS  ACCOUNTS. 

Agricultural  Society,  for  sundry  expenses  in  rais- 
ing seeds  and  plants,  and  by  experiments 
made  by  said  Society,  in  the  public  garden  at 
Cambridge,  to  15th  November,  1816,  441  25 

Bradford   &   Read,  for  stationary  furnished  the 

government,  to  18th  November,  18 16,  40  12 

Bradley,  Samuel,  for  sundry  ironmongery  for  State 

House,  to  25  th  November,  1816,  20  84 

Bird,  Abraham,   for  lumber  furnished  for   State 

House,  to  ISth  November,  1816,  67  09 

Burditt,  James  W.  for  stationary  furnished  the 

government,  to  December,  1816,  117  32 

Bacon,  Henry,  for  assisting  the  Messenger  of  the 

General  Court,  to  14th  December,  18 1 6,  62  00 

Boston  Board  of  Health,  for  sundry  repairs  on 

Rainsford's  Island,  to  30th  November,  1816,       1796  74 
Committee  for   examining    the  Treasurer's    Ac- 
counts, to  December,  1816,  viz. : 

Thomas  H.  Perkins,  14  00 

Joseph  Bemis,  14  00 

William  Brewer,  14  00 

Robert  Rantoul,  14  00 

Nathan  Appleton,  14  00—70  00 

Chase,  Warren,  for  assisting  the  Messenger,  to 

14th  Decembw,  I816,  "  64  00 

Durant,  William,  for  glazing  State  House,  to  19th 

November,  1816,  25  00 

Estate  of  John  White,  for  v/ood  furnished  for 

State  House,  to  December,  1816,  70  00 


380 


MISCELLANEOUS  ACCOUNTS. 


Felt,  David,  for  bookbinding  for  Secretary's  Of- 
fice, to  November,  1816,  2  23 

Howe,  Joseph,  for  funnel  for  stove  in  State  House, 

December,  1816,  6  60 

Loring,  Jonathan,  for  taking  up  the  body  of  a 

stranger,  and  burial,  November,  1816,  6  GO 

Munroe  &  Francis,  for  bookbinding  for  Secreta- 
ry's Office,  to  7th  December,  1816,  2  00 

Osgood,  Peter,  for  paving  State  House  yard,  to 

29th  November,  1816,  19  50 

Hobinson,  James,  Agent  for  building  Engine 
House,  and  digging  well,  for  balance  of  his 
account,  to  December,  1816,  948  08 

Spear,  Henry,  for  funeral  expenses  of  a  stranger, 

by  order  of  the  Coroner,  December,  1816,  5  00 

Thompson,   James,  for   sundry  ironmongery  for 

State  House,  to  5th  December,  1816,  41  SS 

Wells,  B.  &  T.  for  water  pans,  and  putting  up, 

October,  1816,  21  20 

Wheeler,  John,  for   carpenter's  work   for  State 

House,  to  November,  18  i  6,  127  60 

W^est  &  Richardson,  for  stationary  furnished  Sec- 
retary's Office,  to  nth  December,  1816,  20  87 

Lincoln,  Amos,  for  carpenter  work  on  the  State 

House,  to  9th  November,  181 6,  30  65 

Low,  Lewis,  for  assisting  the  Messenger  to  14th 

December,  1816,  62  00 

Cummiugs   &   Hilliard,   for  stationary  furnished 

Secretary's  Office,  to  21st  November,  !8i6,  7  62 

Ware,  Daniel,  for  painting  fence  of  State  House 
yard,  to  1st  December,  18 1 6,  6  87 


S4081  82 

Aggregate  of  Roll  JTo,  76. 

Expenses 
Do. 
Do. 
Do. 
Do. 

of  State  Paupers, 
Militia, 

Sheriffs  and  Coroners, 
Printers, 
Miscellaneous, 

30,550  4i 

6162  19 

456  58 

2275  46 

4081  82 

S43,526  46 


RESOLVE  TO  PAY  ROLL  NO.  76.        381 

Resolved,  That  there  be  allowed  and  paid  out  of  the  pub- 
lie  Treasury,  to  the  several  Corporations  and  persons  men- 
tioned  in  this  Roll,  the  sums  set  against  such  Corporations 
and  persons'  names  respectively,  amounting  in  the  whole  to 
the  sum  of  forty-three  thousand,  five  hundred  and  twenty-six 
dollars  and  forty-six  cents,  the  same  being  in  full  discharge 
of  the  accounts  and  demands  to  which  they  refer. 

December  14th,  1816, 

•Approved  by  the  Governor. 


COMMONWEALTH  OF  MASSACHUSETTS. 

Secretary's  Office,  May  1st,  1817. 
I  hereby  certify,  that  the  Resolves  contained  in  this  pamphlet,  passed 
at  the  session  of  the  General  Court,  beginning  the  15th  of  November,  and 
ending  December  14th,  1816,  have  been  examined  and  compared  with  tlie 
originals  in  this  office,  and  appear  to  be  correct,  excepting  the  name 
"^fenpr,"  which  occurs  several  times  in  page  301 ;  it  should  be  ^ner. 

ALDEN  BRADFORD, 

Secretary  of  the  Commonwealth^ 


INDEX 


TO  RESOLVES  PASSED  AT  THE  SESSION  OF  THE  GENERAL 
COURT,  IN  NOVEMBER  AND  DECEMBER,  1816. 


A. 

AC ADEMY,  Amherst — half  a  township  granted  to,        ,       •-        -  334 
"            Hampden— records  confirmed  and  meetings  of  Trustees 

fixed, 340 

Adams,  Isaac,  Assistant  to  the  Council  Messenger,  pay  granted,    -  351 
Adjutant  General,  to  examine  proceedings  of  Courts  Martial,  &c.  350 
"    .            to  prepare  a  system  of  discipline  for  Artillery,  In- 
fantry, &c.  -------  350 

"  proceedings  of  Courts  Martial  to  be  deposited  in 

his  Office, 351 

Agents,  the  Governor  requested  to  appoint,  to  present  the  claim  of 
the  Commonwealth  against  the  United  States  for  expenses 

in  the  late  war, 311 

Agent  of  the  United  States — the  Secretary  to  loan  books,  &c.  rela- 
tive to  Eastern  boundary,  -------  335 

"       on  Eastern  Land,  to  execute  a  deed  to  Joseph  Butterfield,  345 

«                 "            "      grant  to 359 

Ainsley,  Gilbert,  allowed  S700  and  costs  for  relinquishment  of  Lands 

in  Groton,  ---------  353 

Alfred  Congregational  Parish,  proceedings  made  valid,          -        -  299 
Arsenal  and  Laboratory,  provision  for  building,          -        _        -  343 
Attorney  or  Solicitor  General,  to  defend  an  action  brought  by  Gil- 
bert vs.  Bell, -        -  300 

B. 

Bacon,  Henry  and  others.  Assistants  to  tlie  Messenger,  grant  to,  -  352 
Banks,  Boston  and  Union,  Tieasurer  to  sell  State  Stock  in,  -  29/ 
Bank,  Union,  Treasurer  to  notify  to  purchase  State  Stock,  -  -  S29 
Barnstable  county,  tax  granted,  ----_.  335 
Bartlett,  Horatio — Eli  Gilbert  authorized  to  dispose  of  interest  of  mi- 
nors,         -- 337" 

Berkshire  county,  tax  granted, S27 

Blandford,  allowed  for  rations,  &c.  supplied  men,  detached,       -  313 
Booth,  Margaret,  granted  balance  due  her  former  husband,  Luke 

Perkins, 331 

Bridge,  over  St.  George's  river,  petition  for,  referred,     -        -         -  341 

Bristol  county,  tax  granted, 336 

Budge,  Daniel  and  others,  of  Levant— .land  granted  on  condition,  346 

Butterfield,  Joseph,  Agent  o»  Eastern  lauds  to   execute  a  deed  to,  345 


INDEX. 
C. 

Chaplains,  to  General  Court,  pay  granted,  .  .  .  .  355 
Charlestown,  Selectmen  authorized  to  appoint  additional  Enginemen,  330 
Chase,  Warren  and  others,  Assistants  to  Messenger,  grant  to, 
Clark,  Edward,  jun.  to  be  discharged  from  Prison,  -  -  - 
Clerks  of  the  General  Court,  pay  granted,  -  _  -  -  - 
Coffin,  Peleg,  grant  to  Executrix  for  services  rendered  by  him,  - 
College,  Williams',  further  time  granted  to  locate  a  township. 
Commissioners,  on  Canal  for  uniting  Connecticut  and  Merrimack 

Rivers,  pay  granted,       ---,.__     336 
Committee  on  Accounts,  to  examine  the  Account  of  Nathan  Noyes,    296 
"  "  "  "     of  Benjamin  Plum- 

mer,  jun.  Adjutant,        -         -        -        -        330 

"  "     pay  granted, 355 

«  «     Roll  No.  76, 365 

Congress,  resolve  on  the  subject  of  their  compensation,  -        -    310 

Cooke,  Horace,  Administrator  on  estate  of  J.  Winter,  authorized  to 

make  a  deed,        ---...-     317 
Cooke,  Josiah  P.  Executor  of  the  AVill  of  William  Andrews,  empow- 
ered to  sell  real  estate,        .        .        •        _         .    345 
Court  Common  Pleas,  Western  Circuit,  authorized  to  receive  votes 

for  Register  of  Deeds  ior  Worcester  county,    295 
*'  ''  "      3d  Eastern  Circuit,  to  determine  the  right  to 

Lot  No.  1,  first  Division  in  Eddington,       -        309 

"     General,  Chaplains,  pay  granted, 355 

«  «        Clerks,  " 360 

«•  "        Messenger,  grant  to,     -----         -     355 

Cumberland  county,  tax  granted, 336 

> 

D. 

Deeds,  Register  of,  in  York  county,  authorized  to  keep  his  Office  at 

Alfred, 330 

Dolbear,  Mary,  and  others.   Attorney  General  to  defend  an  action 

brought  byE.  Gilbert  vs.  N.  Bell,          ...        -        300 

E. 

Eddy,  Ibrook,  Circuit  Court  of  Common  Pleas,  Sd  Eastern  Circuit,  to 
determine  the  right  of  Commonwealth  to  lot  No.  1,  first  divi- 
sion in  Eddington,  - 309 

Electors  of  President  and  Vice  President,  provision  for  payment  of,  316 
Emerson,  Samuel,  account  allowed  for  attendance  on  a  wounded 

soldier,        ..- 341 

Essex  county,  tax  granted,  _•-----  336 
Exeter,  doings  made  valid,  -        -        -        -        -        -         -    316 

F. 

Fiske,  Aner,  Administrator  authorized  to  execute  a  deed,  -  301 
Francis,  Joseph,  Page  of  the  House  of  Representatives,  pay  granted,  351 
Franklin  county,  tax  granted, 324 


INDEX. 
G. 

Governor,  his  Speech,  ---- 282 

"         Answers  to  his  Speech, 287,  289 

"        Message  relative  to  buildings  necessary  to  preserve  the 

publicmilitary  stores, 504 

"        Message  announcing  the  resignation  of  Maj.  Gen.  Blake, 

of  10th  Division, -        -        311 

"  Message  communicating  the  Report  of  Commissioners  on 
the  subject  of  a  Canal  to  unite  the  Connecticut  and  Mer- 
rimack rivers,      .......        ^     332 

"  requested  to  appoint  Agents  to  present  theCommon  wealth's 
claim  to  the  Government  of  the  United  States,  for  the  ex- 
penses in  the  late  war, 311 

"        requested  to  appoint  Commissioners  to  superintend  repairs 

on  the  Meeting  House  in  Marshpee,  -        -        -         -        323 

"        requested  to  appoint  Agents  to  cause  an  Arsenal,  &c.  to 

be  built,  ---------         342 

"        requested  to  appoint  Commissioners  to  consider  at  large 

the  subject  of  the  State  Prison,        -        .         -        -        348 

"        requested  to  appoint  Commissioners  to  superintend  the 

straightening  of  the  rear  wall  of  the  State  House  Yard,&c,  362 

H. 

Haley,  Samuel,  granted  the  northerly  Island  of  the  Isle  of  Shoals,      328 

Ilamipden  county,  tax  granted,  -         -        -     _    -        -        -        324 

"         Academy,  records  confirmed,  and  meetings  of  Trustees 

fixed, 340 

Hampshire  county,  tax  granted, 338 

Hancock  "  "  -.--..-         338 

Haskell,  Lois,  compensated  for  expense  occasioned  by  the  sickness 

and  death  of  her  husband,  a  soldier,      -        -        -        -        315 

J. 

Jackson,  John,  grant  to,  for  loss  of  time  and  expense  of  sickness,    -    313 
Indians,  Guardian  authorized  to  sell  land  of  R.  Pegin,  late  of  Bridge- 
water,        -        -        -        -        302 

"       Grant  for  repairing  Meeting  House  in  Marshpee,      -        -    323 
•'       Penobscot,  Quarter  Master  General  to  send  Corn  for,  361 

Kennebeck  county,  tax  granted,  -------  355 

Kennedy,  Thomas,  grant  for  transporting  troops,       -        -         -  360 

King's  John,  estate  to  be  sold       -------  356 

Kuhn,  Jacob,  Messenger,  gi-ant  for  fuel,  &c.      _        .        -        -  344 

"                    "         grant  to, 355 

Lambert,  Luke,  jun.  grant  for  use  of  his  house  for  a  Court  Martial,    328 
Levant,  inhabitants  of,  granted  land  on  condition,  -        -        -    346 


INDEX. 

Lincoln,  Ephraim,  authorized  to  sell  estate  of  minor  children  of  M. 

Chace,  - 296 

Lisbon,  doings  made  valid,       -------  S07 

Lord,  Noah,  jun.  grant  to,  being  wounded,  -----  S15 

Low,  Lewis,  assistant  to  the  Messenger,    -         -         -         -         -  352 

"    John,  Assistant  Messenger  to  the  House  of  Representatives,  -  553 


M. 

Mackay,  Mungo,  and  others.  Executors  authorized  to  sell  real  estate,  305 
McKusick,  Francis,  discharged  from  judgment,  &c.  -         -         -        357 
McNeil,  Archibald,  grant  in  full  for  land  in  Charlestown,      -         -     340 
Maine,  District,  resolve  relative  to  the  subject  of  separation,       -        317 
"  «        time  extended  for  performing  settlement  duties,    -    324 

Marshpee,  grant  for  repairing  meeting-house,     -        -        -        -        323 

Metcalf,  Theron,  Reporter  of  contestested  elections  of  Representa- 
tives, pay  granted,         -        -        -        -        -        -        -    353 

Middlesex  county,  tax  granted,         ------        324 

Mitchell,  Edward,  Junior,  authorized  to  sell  Indian  land  of  R.  Pegin, 

of  Bridgewater,  deceased,       -         -         -        -         -         -    303 

Moore,  David,  authorized  to  execute  a  deed  to  J.  Harvey,  -        326 

N. 

Nixon,  Joseph,  discharged  from  an  execution,       -        -        -        ,    333 
Norfolk  county,  tax  granted,     -------        336 

Noyes,  Nathan,  Committe  on  Accounts  to  examine,  &c.  his  account,  296 

O. 

Oxford  county,  tax  granted,     -        -        -        -        -        -        -        S3S 

P. 

Page  of  the  House  of  Representatives,  pay  granted,  -  -  -  351 
Parker,  Jesse,  allowed  costs  in  an  action  of  G.  Ainsley,  -  -  357 
Pierce,  Joseph  H.  grant  for  services  in  the  War  Office,  -        -    313 

Penobscot  county,  tax  granted, -  ,338 

Plumer,  Benjamin,  jun.  Committee  on  Accounts  to  examine,  &c. ' 

his  account  as  Adjutant,     ------        330 

Pownal,  records  of  first  parish  confirmed,     -----    307 

Prison,  State,  appropriation  for  expenses  of,       -        -        -        -        297 

"  "    Commissioners  to  be  appointed  on  the  subject  of,  at  large,348 

Q. 

Quarter-Master  General,  to  cause  small  arms  to  be  marked,        -        306 
"  account  settled  and  appropriation  for  his 

department,  --.-.-    354 

^  to  purchase  and  send  corn  to  Penobscot  In- 

dians,      ....-.-        360 


INDEX, 

R. 

Jl6bb,  George,  permitted  to  transport  fish  to  N.  Orleans  uninspected,  306 
Robbins,  Edward  H.  grant  to,  as  Agent  to  Eastern  lands,  -  -  359 
Ross,  Hannah,  right  of  Commonwealth  in  estate  relinquished  to,  347 
Roxburv,  doings  of  Assessors  of  second  parish  made  valid,  -  334 
Russell,  Joseph,  authorized  to  make  and  file  his  affidavit  in  Middle- 
sex,        326 

Rutter,  Micah,  authorized  to  make  and  file  his  affidavit  in  Middlesex,327 

S. 

Secretary  to  subscribe  for  copies  of  Maps  of  the  United  States,       -    304 
"  to  loan  to  tlie  Agent  of  the  U.  S.  books,  &c.  relating  to 

the  Eastern  boundary, 335 

*•'  to  distribute  Maps  and  statistical  View  of  Maine,  -        -    359 

"  to  deliver  laws,  &c.  to  County  Treasurers  and  Registers 

of  Deeds, •     359 

"  to  deliver  proceedings  of  courts  mai-tial  to  Adj't  General,    351 

Sibley,  Job,  and  H.  Brigham,  authorized  to  execute  a  deed  to  Samuel 

Hunt,  .---.--         .         333 

Smith,  Enos,  his  bond,  as  Agent  for  Ashfield,  given  to  Board  of  "War, 

to  be  cancelled, S41 

Societies,  Massachusetts  and  Berkshire  Agricultural,  grants  to,  -        339 
Solicitor  General,  to  ascertain  fee  of  land  in  West  Cambridge,  (J. 

Wellington) 306 

Solicitor  General  to  quit  claim  title  to  J.  Stone's  estate  in  Harvard,      308 
"  grant  to,  for  services,  &c.  in  survey  of  land  in  Hiram,  308 

Somerset  county,  tax  granted,      -----_.    333 
State  House  Yard,  Governor  requested  to  appoint  Commissioners  to 

superintend  the  removal  of  the  rear  wall,  &c.      -        -        -     562 
Suffijlk  county,  tax  granted,      -        - 338 

T. 

Tax  granted  lo  Barnstable  county, 356 

"         "             Berkshire         "  327 

Bristol              " 336 

Cumberland    "  336 

Essex               " 336 

Franklin          "  324 

Hampden        " 324 

Hampshire       "  --__..  333 

Hancock          " 338 

Kennebcck      "  .-_.,_  353 

"         "             Middlesex        '• 324 

"         "            Norfolk            «  336 

"         "             Oxford              " 338 

"         "             Penobscot        "  - 338 

"        "            Somerset          " 338 

'•         "             Suffolk              «  338 

"         "            Worcester       " 324 

"         "             York                 «  336 

Thaxter,  Samuel,  and  R.  H.  Thayer,  Gugrdians,  authorized  to  settle 

estate  of  minors, 33 1;^ 


ii 

ii 

ii 

ii 

ii 

ii 

ii 

(i 

(C 

INDEX. 

Townsend,  David,  Guardian  to  Abraham  Pierce  of  Waltham,  autho- 
rized to  sell  real  estate, 338 

Township  No  T,  seventh  range,  north  of  the  "Waldo  patent,  taxes 

abated, 342 

Treasurer,  to  sell  State  Stock  in  the  Boston  and  Union  Banks,    -        297 
"          to  issue  a  new  Note  to  J.  Whitcomb,    -        -        -         -    SOS 
"          to  sell  United  States  Treasury  Notes,       ...        S29 
*'         to  notify  the  President,  &c.  of  Union  Bank,  that  they  pur- 
chase State  Stock,  -        -        ^        -        -         -        -        329 

W. 

Waite,  Samuel,  to  be  discharged  from  Worcester  gaol,       -        -        5)5 
Wellington,  Jeduthan,  Solicitor  General  to  ascertain  fee  of  land  in 

West-Cambridge, 30G 

Wheeler,  Samuel  H.  discharged  as  bondsman  of  the  late  Treasurer 

Skinner,         -        - 322 

Whitcomb,  John,  Treasurer  to  issue  a  new  State  note  to,  -  .      303 

White,  Ebenezer,  authorized  to  sell  estate  of  J.  King,  -        -         -    356 
Wilder,  David,  «  "        «     of  David  Wyer,        -        352 

Worcester  county.  Court  of  Common  Pleas  to  receive  votes  for  Re- 
gister of  Deeds,     --------    295 

Worcester  county,  tax  granted,        ------        324 

Y. 

York  county.  Register  of  Deeds  authorized  to  keep  his  office  at  Al- 
fred,         '       -    530 

"  tax  granted  for      - 336 

York,  David,  compensated  as  a  witness  in  the  case  of  Thomas  Keel- 

er.  Esquire, -     331 


RESOLYES 


OF  THE 


GENERAL  COURT 


OF  THE 


IDommonUiealtl)  of  cJH^ajS^atlju^ettjs. 


PASSED  AT  THEIR  SESSION 

WHICH  COMMENCED  ON  WEDNESDAY,  THE  2Sth  DAY  OF  SIAY,  AND 
ENDED  ON  THE  18th  OF  JUNE,  1817. 


Published  agi-eeably  to  a  Resolve  of  16th  January,  1812. 


BOSTON : 

PRmXED  BY  RUSSELL,  CUTLER  &  CO  FOR  BENJAMIN  RUSSELJL, 

PRINTER  TO  THE  STATE. 

1817. 


CIVIL  OOVEHNMENT 

OF  THE 

COMMONWEALTH  OF  MASSACHUSETTS, 

FOR  THE  POLITICAL  YEAR  1817..,.18. 

HIS  EXCELLENCY 

JOHN  BROOKS,  Esq.  Governor, 

HIS  HONOR 

WILLIAM  PHILLIPS,  Esq.  Lieutenant  Governor 

COUNCIL. 


Hon.  JOSIAH  STEBBINS^ 
JOHN  C.  WILLIAMS, 
TIMOTHY  PICKERING; 
PETER  C.  BROOKS. 


Hon.  DAVID  COBB, 

PRENTISS  MELLEN, 
SAMUEL  FALES, 
NAHUM  MITCHELL, 
JOSEPH  ALLEN, 

ALDEN  BRADFORD,  Esq. 

Secretary  of  the  Commonwealth. 
Hon.  DANIEL  SARGENT, 

Treasurer  and  Beceiver- General  of  the  Commontoealtfi. 

SENATE. 
Hon.  3oHN  Phillips,  Esq.  President, 

Suffolk. — Hon.  John  Phillips,  Josiah  Quincy,  Thomas 
H.  Perkins,  John  Welles,  Jonathan  Hunewell,  Richard 
Sullivan. 

Esse.v. — Hon.  Israel  Bartlett,  Dudley  L.  Pickman,  Ne- 
hemiah  Cleaveland,  William  B.  Bannister,  Leverett  Sal- 
tonstall. 

Middlesex, — Hon.  Joseph  B.  Varnum,  Samuel  Dana, 
John  Hart, 

TForcesffr.'— Hon.  Oliver  Crosby,  Thomas  H.  Blood, 
Daniel  Waldo,  James  Humphreys. 

Hampshire,  Hampden  and  Franlclin. — Hon.  Samuel  La*- 
throp,  Samuel  Porter,  Elihu  Hoyt,  Peter  Bryant. 

Jierkshire, — Hon.  John  Whiting,  Daniel  Noble. 

Bristol. — Hon.  James  Ellis,  James  Howland,  2d. 

Plymouth. — Hon.  David  Stockbridge,  Elisha  Ruggles. 

Barnstable^  Dukes'  County  and  JSTantucket. — Hon.  Solo- 
mon  Freeman, 

Jsorfolk. — Hon.  Joseph  Bemis,  John  Endicott. 

York. — Hon.  Alexander  Rice,  William  Moody. 

Cumberland. — Hon.  Archelaus  Lewis. 

Lincoln,  Hancock  and  Washins^ton. — Hon.  Mark  L.  Hill;, 
.lames  Campbell,  William  D.  Williamson. 

Kennebeck. —  Hon.  Solomon  Bates. 

Oxford  and  Somerret. — Hon.  John  Moor. 

Samuel  F.  M'Cleary,  Esq.  Cterk. 
Rev.  Francis  Parkman,  Chaplain, 


HOUSE  OF  HEPRESENTATIVES. 


Hoxv.  TIMOTHY  BIGELOW,  Speaker. 
COUNTY  OF  SUFFOLK. 


JBoston,  Steplieii  Codman, 
Josiah  Baelielder, 
Benjamin  Russell, 
Thomas  W.  Sumner^ 
Benjamin  Whitman, 
Charles  Davis, 
William  H.  Sumner, 
William  Tudor,  Jun. 
John  D.  Howard, 
Jonathan  Loriug, 
Thomas  Barry, 
Henry  Sargent, 
Benjamin  Gorham, 
John  Howe, 
Benjamiu  Whitwell, 


Benjamin  Smith, 
John  Cotton, 
Josiah  Marshall, 
John  Mack  ay, 
Peter  O-  Thacher, 
Joseph  W,  Revere, 
Samuel  Hubbard, 
Benjamin  Rand, 
John  French, 
Josiah  Bradlee, 
David  Sears, 
Edward  T.  Channing, 
Samuel  Swett, 
Francis  Bassett. 
Chelsea. 


ESSEX. 


^alem,  Ebenezer  Seceomb, 

John  Howard, 

John  Osgood, 

Joseph  Peabody, 

JSamuel  Endicot, 

Jonathan  Hodges, 

Jeremiah  Lee  Page, 

John  Prince,  Jun. 

Joseph  Eveleth, 

Samuel  Ropes, 

Pickering  Dodge, 
Marblehead, 

Joshua  Prentiss,  Jun. 
Zynrij  Aaron  Breed. 
hynnjield, 

SauguSf  Joseph  Cheevcr. 
DanverSf  Daniel  Putnam, 

Silvester  Osborn, 


Frederick  Howes, 

Thomas  Putnam. 
Beverly,  Thomas  Davis, 

Robert  Rantoul, 

Nathaniel  Goodwin, 

Nicholas  Thorndike. 
Wenhanif  Paul  Porter, 
Hamilton,  David  Dodge. 
Manchester, 
Gloucester, 

William  W.  Parrott. 
Ipswich,  Joseph  Farley, 

George  Choate. 
Rowley,  Joshua  Jewett, 

Samuel  Adams, 
*N*ewbury,  Stephen  Howard, 

Ebenezer  Mosely. 
Bradford,  Jessse  KimbalL 


HOUSE  OF  REPRESENTATIVES.        385 


Boxford,  Israel  Foster.  Topsjield. 

Andover,  Stephen  Rittredge,  Methiien,  Benjamin  Osgood, 

Stephen  Barker,  Haverhill,  David  Howe. 

John  Kneeland.  JLmeshury,  Moses  Sargent, 

Middleton.  Salisbury ^  Ephraim  Morrill. 

MIDDLESEX. 

Charlestown,  Josiah  Bartlett,  MarlboroughfT)?ime\Er\^ha.m, 

Asahel  Stearns.  Stow  and  Boxhorough, 

Cambridge,  William  Hilliard,     J oseph  Stone. 


Samuel  P.  P.  Fay, 
West  Cambridge, 

Thomas  Russell, 
Brighton, 

Nathaniel  Champney. 
Medford,  Timothy  Bigelow. 
Maiden,  Ebenezer  Nichols, 

N  athan  Nichols. 
JSTeivton,  Ebenezer  Clieney, 
Watertown. 


Concord,  Francis  Jarvis. 

Bedford, 

Burlington, 

Woburn,  John  Wade. 

Stoneham,  John  H.  Wright, 

Heading,  Daniel  Flint. 

South  Heading, 

Wilmington. 

Billerica,  Josiah  Crosby, 

Tewlcsbury, 


Waltham,  David  Townsend.  Chelmsford,  Samuel  Stevens. 
Weston,  George  W.  Smith.    Carlisle, 
Lincoln,  We&tford, 


Lexington, 

Sudbury,  William  Hunt. 

East  Sudbury, 

Micah  M.  Rutter. 
J\i'a,tick. 
Sherburne. 
Holliston, 
Hopkinton, 
JPramingham, 

John  Trowhridg-e. 


Acton,  Joseph  Noyes, 

Littleton,  Ithamar  Beard. 

Groton,  Luther  Lawrence. 

Bracut. 

Bunstable. 

Tyngshoro  ugh, 

Shirley. 

I'epperell, 

Townsend,  Samuel  Brooks, 

Ashby, 


NORFOLK. 

Boxbury,  William  Brewer.    Braintree, 
Dorchester,  Weymouth, 

Mather  Withington.  Christopher  Webb. 

Brookline,  Isaac  S.  Gardner,  Cohasset, 
Milton,  John  Ruggles.  JSTeedham, 

Q^uincy,  Thomas  Greenleaf.   fledham,  Abner  Ellis, 


S86        HOUSE  OF  REPRESENTATIVES, 

"William  Ellis,  Wrentham, 

Timothy  Gaj',  Juii.  Walpole. 

Medjield  and  Dov^r,  Foxhovough, 

Daniel  Adams.  Sharon, 

Medway.  Stoughton. 

Bellingham.  Canton,  Jojiu  Bailey. 
Franklin^  Pliineas  Ware.       Randoljjh,  Micali  White. 

PLYMOUTH. 

Plymouth,  William  Nelson.    Wareham. 

.Kingston.  Carver. 

Duxhiiry,  George  Partridge.  Plimpton. 

Marshfield,  Elisha  Phillips.   Halifax. 

Pembroke.  Mington. 

jB?'«^^ei£7afer,  Daniel  Howard. i^awoi?er,  Reuben  Curtis. 

Middlehorough,  (S'ciYwa^e, Charles  Turner,  J uh. 

Heth  Miller,  Jun.  Hinghamy  Thomas  Fearing. 

JRocA ester, Charles  J.  Holmes,  Hull. 

BRISTOL. 

Taimton,  Philip  Deane.  Somerset, 

Jlaynham,  John  Gilmore,  Jun.     Billings  Coggeshall, 

Fastown,  Berkley ,  Adoniram  Crane. 

J\*orton.  l^Vee^oie'WjHercules  Cushman. 

Mansfield.  Troy,  Hezekiah  Wilson. 

Attlehorough.  Ifestport. 

Rehohoth,  Jeremiah  Wheeler.Da?'fmoiff/i,  Thomas  Almy, 

jrSeeA'onZ.^jOliver  Starkweather.     Ephraim  Tripp, 

JDighton,  William  Wood.  Zoheth  Shearman. 

Wellington.  JVew  Z?ef^or£?,WilliamWillis. 

Sivansea,  Daniel  Hale.  Fairhaven. 

BARNSTABLE. 

Barnstable,  Naler  Crocker.  Chatham, 

Sandwich,  Russell  Freeman.  Orleans,  Daniel  Comings. 

Falmouth,  Thomas  Fish.  Eastham,  Joshua  P.  Atwood. 

Yarmouth,  Wellfleet. 

Dennis.  Truro. 

Harwich,  Provincetown, 

Breivster, 


HOUSE  OF  REPRESENTATIVES.        387 

DUKES'  COUNTY. 
Eds:artown^  ChilmarTc, 

Tishury. 

NANTUCKET, 
JVantucket,  Micaj ah  Gardner. 

WORCESTER, 

Worcester^  Abraham Liucoln^Lawcas^er,  John  Thurston, 

Levi  Lincohi,  Jun.  Benjamin  Wyman. 

Edward  D.  Bangs.  Harvard^  Stevens  Hayward. 

Lpicester,  Austin  Flint.  Bolton^  Stephen  P.  Gardner. 

Spencer,  James  Draper,  ^mi.Berhn,  Henry  Powers. 
Broolcfield,  Simeon  Draper,    Sterling,  James  Wilder, 

Seth  Field.  Samuel  Sawyer. 

J\'^orth  Brookfieldf  Princeton^  David  Rice. 

Thomas  Hale.  Holden,  Ethan  Davis. 

Western.  Rutland. 

iS^M?'&H«?ge,SilvesterWaikins,  Oa7£*/iam. 
Soutlihridgp,  JPaxton. 

James  Woleott,  Jun.  JS*ew  Braintree, 

Charlton,  Isaiah  Rider,  Henry  Penniman. 

Ephraim  Willard.  Hardwick,  Timothy  Paige* 

Dudley.  Barre,  Simeon  Metcalf. 

Douglas.  Huhbardston. 

Uxbridge,  Samuel  Read,        Petersham, 

Daniel  Carpenter.  Hutchins  Uapgood, 

J\'orthhrid^e.  Samuel  Chamberlain,  Jun. 

Mendon.  Joseph  Adams.         Leominster, 
jyaiford.  Bezaleel  Lawrence. 

Upton,  Lunenburg. 

Grafton,  Fitchburgh. 

Sutton,  Jonas  Sibley.  Westminster,  James  White. 

Millbury,  Gardner. 

Oxford,  Abijah  Davis.  Sshburnham. 

Ward.  Winchendon, 

Shrewsbury,  Samuel  Haven,      Daniel  Henshaw. 
Westborough.  Royalston,  Joseph  Estabrook* 

Soui  fiborough,Sosisih  Newton.  Templeton, 
J\  orth borough,  J &mes  Keyes.AthoL  Eleazer  Graves. 
Bciffstnn,  Thomas  Bush.         Phillipston,J ose^hKnowMou, 
West  HfyJston,  Dana. 

Barnabas  Davi^* 


388         HOUSE  OF  REPRESENTATIVES. 

HAMPDEN. 

Sprin^^field,  Jacob  Bliss.  West  Springfield, 
Longmeadow.  Jonathaii  Smith, 

Wilhraham,  Westfield,  Azariah  Mosely. 

Robert  Sessions.  Southwick,  Enos  Foote. 

Monsorif  Stephen  VVarriner.  Granville^  James  Cooley, 
Brimfield,  Perry  Babcock. 

Alexander  Sessions.  Tolland. 

Holland  and  South  Brimfield,  Blandford,  Abner  Gibbg. 

John  Weaver.  Chester. 

Ludlow.  Russell. 

JPalmerj  Amos  Hamilton.  Montgomery. 

HAMPSHIRE. 

JN*orthampton,  Middlefield, 

Jonathan  H.  Lyman,  JVorwich,  Aaron  Hall. 

Oliver  Warner.  Uadley^  Giles  C.  Kellogg. 

Easthampton,  John  13.simmm. South  Uadley,  Peter  Allen. 

Southampton^  Asahel  Birge.   Granhy,  David  Smith. 

Westhampton,'^S\.\t^itx  3 xxikA. Amherst, 

Hatfield.  Samuel  F.  Dickinson. 

Williamsburg.  JPelham. 

Goshen^  Greemvich,  Laban  Marcy. 

Cummingfon.  Enfield,  Benjamin  Harwood. 

Plainfield,  Belchertown, 

Worthington,  William  Ward.     Joseph  Bridgman,  Jun. 

Chesterfield.  Ware,  J  oseph  Cummings,  jun. 

FRANKLIN. 

J\''orthfield,  Leyden. 

Medad  Alexander.  Shelburne,  William  Wells. 

Warwick.  Colraine,  Calvin  Smith. 

Orange,  Heath,  Luther  Gale. 

Montague.  Howe. 

Sunderland,  Nathaniel  Smith.  Charlemont. 
Leverett.  Hawley,  Thomas  Longley, 

Wendell.  Buckland. 

Shutesbury.  JlshfieM,  Enos  Smith. 

JSTew  Salem,  Varney  Pearce.  Conway. 
Greenfield,  Solomon  Smead,  Deerfield,  Asa  Stebbins. 
Gill.  Whately, 

Bernardston, 


HOUSE  OF  liEPRESENTATIVES.        389 


BERKSHIRE. 


Sheffield,  Silas  Kellogg. 
JSl*ew  Marlborough, 

Ebenezer  Hytle, 

Benjamin  Wheeler. 
Sandiisjield  and  Southfield^ 

Eliakim  Hull;, 

Uriel  Smith,  Jun. 
Otis. 

Tyringhamf  Nehemiah  Park 
Great  Barrington, 

John  Seley. 
Egremontf  Wilbur  Curtis. 
tSlford. 

Stockbridge,  Jared  Curtis. 
West  Stockbridge. 
Becket. 
Washington, 
Lee^  John  B.  Perry. 


Lenox,  Elijah  Northrup. 

Richmond,  Hugo  Burgharclt* 

Hancock,  Rodman  Hazard. 

Pittsfield^  Jonathan  Allen. 

Dalton. 

Hinsdale. 

Peru,  Thomas  Frissel. 

Windsor. 

Lanesborough,  Asa  Burbank. 

JSTew  Ash  ford. 

Cheshire,  Dexter  Mason. 

Adams,  Henry  Willmarth. 

Williamstownf  Ambrose  HalL 

Clarksburgh. 

Savoy, 

Florida. 

Mount  Washington. 


YORK. 


York,  Thomas  Savage. 
Kittery,  Mark  Dennett, 

Joshua  Chase. 
Elliot,  John  Hammond. 
Wells,  John  Storer, 

George  W.  W^allingford. 
Arundel,  Joseph  Perkins. 
Biddeford,  Moses  Bradbury. 
Berwick. 
South  Berimek. 
Lebanon. 
Sandford. 
Alfred. 


Lyman,  John  Low. 
Hollis. 

Waterborough. 
Shapleigh, 
J\rewfield. 
Parsonsfeld. 
Cornish. 
Limerick. 
Limington. 
Buxton. 
Saco, 
John  Fairfield  Scamman, 


CUMBERLANX). 


Portland, 

Joseph  H.  Ingraham, 

Isaac  Adams. 
Westbrook,  John  Jonesv 
Falmouth. 

5i 


Cape  Elizabeth. 

Scarborough. 

Gorham,  David  Harding. 

Standlsh. 

WivMam^ 


S90        HOUSE  OK  REPRESENTATIVES. 

Gray.  JL^ei^yjiscot. 

JVorth  Yarmouth,  Poland,. 

Alford  liichardsQii.  Mhiot,  Joseph  KeitU 

Pownal,  Raymond. 
Freeport,  JosialiW.  MitchcM.Baldwin. 

Brunswick,  Bridgetown. 

Durham.  Harrison. 

Harpswell.  Otisfield. 
JVew  Gloucester. 


LINCOLN. 

Wiscasset. 

Warren,  Jesse  Pas;c, 

Woohcichf'Rmhixvd'H.a.viitlQn.Camden, 

Dresden, 

Hope. 

Alna. 

Union. 

Whitfield. 

Putnam. 

Jefferson. 

Palermo. 

J\'ewcastle, 

MontvillG. 

Edgecombe,  Slephen  VM^oiAS.Georsi^etoivn. 

Boothhay. 

Phipshurg,  Parker  M^Cohlfe-. 

Bristol,  Samuel  Tucker. 

Bath,  James  M'^Lellan. 

^ohlehoroiigh. 

Top  sham. 

Waldoborough, 

Bowdoin. 

Friendship, 

Bowdoinham, 

Cornelius  Bradford. 

Lewiston, 

Cushing,  James  Malcolm. 

Lisbon, 

St.  George. 

Litchfield, 

Tliomastowa,  Isaac  Bernard, 

Wales. 

KENNEBECK. 

Aus^vsta,  Pitt  Billingham, 

Belgrade, 

Hallowell, 

Sydney. 

William  Henry  Page. 

Watei^ille,  Daniel  (joo-k 

Gardiner,  Rnfus  Gay. 

Dearborn, 

Monmouth,  Grilman  Moody. 

Rome. 

Greene. 

Vienna. 

Leeds. 

JSTew  Sharon  ^ 

Winthrop,  John  May. 

Chesterville. 

Beadfield. 

Farmington. 

Wayne, 

Temple. 

JBayette. 

Wilton. 

Mount  Vernon. 

Vassalborough, 

HOUSE  OF  REPRESENTATIVES. 


391 


Winslow. 

Freedom. 

Harlem^ 

Clinton,  Ezekiel  Brown,  Jun 

Japheth  C,  Washburn.        Unity. 

Malta. 

Joy. 

Fah'fax. 

OXFORD. 

Paris.. 

JSToricay. 

Hebron, 

Wat  erf  or  d. 

Bucli'field. 

Albany, 

Turner. 

Bethel, 

Liuermore. 

Greenwood. 

Hartford . 

Fryeburg, 

Sumner. 

Samuel  Ayer  Bradley, 

Woodstoclc. 

Jay,  James  Starr,  Jun, 

Porter. 

Weld, 

Hiram. 

Hixfield. 

Brownfield, 

llumford. 

Lovell. 

Gilead, 

Sweden. 

JSTewry. 

Denmark. 

East  AndoveVc 

SOMERSET. 

JVorrid^^e  wocTc. 

Moscow. 

Bloomjleld,  James  Bowi 

en.       JCingsfield, 

Fairfield. 

Canaan,  John  Wymau. 

Industry. 

Cornville, 

Mercer. 

Madison. 

St  arks. 

Solon. 

Anson.  James  Densmore.        Athens. 

JSTew  Vineyard, 

Harmony. 

Strong. 

Palmyra. 

Avon. 

St.  Albans. 

Embden, 

JTorth  Hill. 

JS'eio  Portland. 

Corinna. 

Freeman, 

Ripley. 

Bingham. 

Guildford, 

Phillips. 

HANCOCK. 

Castine,  Thomas  E.  Hale.      Orland, 

Penobscot,  ^Mayx^XW^x^vf^W.BucTcstown,  Joseph  Lee. 


39!e 


HOUSE  OF  REPRESENTATIVES. 


EHsworthf  Jesse  Button. 
Surry. 
Blue  Bill, 

Sedgwick,  Daniel  Morgan. 
Trenton, 
Sullivan. 
GouldsborougJi. 
Eden. 

Mount  Desert, 
Deer  Isle,  Nathan  Haskell, 
Frederick  Spofford. 


VinaUiaven. 
lleshorough. 
Lincolnville, 

Ephraim  Flelcber. 
JSTorthport. 
Belfast, 
Belmont. 
Searsmont. 
Prospect. 

Frankfort,  Joshua  HalL 
Brooks, 


PENOBSCOT. 


Bangor,  Joseph  Treat* 

Orono, 

Hampden, 

Hermon. 

J)ixmont<. 

Carmef. 

Levant, 

J\'ewport, 

Corinth* 

Esceter, 


JVezc  Charlestown. 

Garland, 

Dexter, 

Sangerville, 

Sebec. 

Foxcroftf 

Brewer. 

Eddington, 

Orrington, 


WASHINGTON, 


Machias,  Ebenezer  Inglec. 

Jonesborougk, 

Addison. 

Harrington, 

Steuhen, 

Cherryfield. 


Columbia, 

Eastport, 

Lubec, 

Calais, 

Mobbinstowni, 


Benjamin  Pollard,  Esq.  Clerk. 
Rev.  Daniel  Sharp,  Chaplain, 

Jacob  "Kuhn,  Messenger  to  the  General  Court, 
John  Low,  Jun.  Assistant  Messenger, 
Joseph  Francis,  Page  to  the  House, 


RESOLVES 


OF  THE 

GENERAL  COURT  OF  MASSACHUSETTS, 

PASSED  dT  THEIR  SESSIO^X, 

^^TIICH  COMMENCED  ON  THE  28th  OF  MAY,  AND  ENDED  ON 
THE  18th  DAY  OF  JUNE,  A.  D.  181  r. 


GOVERNOR'S  SPEECH. 


REPRESENTATIVES'  CHAMBER,  MAY  31sf,  1817. 

At  12  o'clock,  the  two  Chambers  met  in  convention,  when 
his  Excellency  the  Governor,  agreeably  to  notice,  came 
in,  attended  by  the  Lieutenant  Governor,  Council,  Secre- 
tary,  and  Heads  of  Departments^  and  delivered  the  fol- 


lowing 


SPEECH : 


Gentlemen  of  the  Senate,  and 

Gentlemen  of  the  House  of  'Representatives, 

THE  return  of  the  election  season,  brings  with  it  little 
of  novelty,  but  much  to  engage  and  interest  us.  Past  events, 
and  a  long  catalogue  of  patriots  and  statesmen,  with  the  re- 
collection of  whom  .the  transactions  of  the  season  are  asso- 
ciated, recur  to  the  mind,  and  enter  deeply  into  the  medita- 
tions of  the  occasion. 

History,  the  instructive  epitome  of  the  character  of  man, 
exhibits  to  us  not  only  the  perpetual  conflict  of  reason  and 
passions,  striking  alternations  of  rectitude  and  error,  and 
the  commanding  powers  and  extreme  imbecility  of  the  hu- 


394i  GOVERNOR'S   SPEECU. 

man  mind,  but  the  formation  of  governments,  tlicir  progres- 
sive changes,  and  ultimate  catastrophe. 

But  without  extending  our  view  over  the  general  history 
of  man  or  of  government,  the  annals  of  our  own  country, 
the  authentic  memorials  of  the  migration  and  settlement, 
the  character  and  manners,  the  political  and  religious  prin- 
ciples, and  the  literary  institutions  of  our  forefathers  ;  the 
rise,  progress,  and  termination  of  the  momentous  question 
between  Great  Britain  and  her  Colonies,  noAV  the  United 
States  of  America,  respecting  the  right  of  parliamentary 
taxation  ;  the  origin,  structure,  and  establishment  of  our 
systems  of  jurisprudence,  and  their  influence  upon  individ- 
ual happiness,  open  various  and  prolific  sources  of  instruc- 
tion to  the  legislator,  and  of  proud  satisfaction  to  the 
American  patriot. 

You  are  called  upon,  gentlemen,  to  exercise  the  functions 
of  legislation  at  a  time  highly  propitious  for  impartial  in- 
quiry into  the  great  interests  of  the  Commonwealth.  For  a 
long  succession  of  years,  such  was  the  extraordinary  state 
of  most  of  the  nations  of  Europe,  with  which  our  interests 
are  involved,  that  the  minds  of  your  predecessors  have  been 
occupied  with  painful  apprehensions  of  the  public  safety, 
or  with  the  arduous  duties  of  providing  means  for  public 
defence.     During  that  eventful  period,  the  ordinary  avoca- 
tions of  many  of  our  fellow    citizens  were  interrupted. 
Navigation,  commerce,  manufactures,  and  even  agriculture, 
assumed  or  were  forced  into  a  preternatural  state.     Vast 
numbers  of  people  were  compelled  to  abandon   pursuits 
Avhich  inclination  had  selected,  providential  allotments  had 
facilitated,  and  habit  had  rendered  familiar  and  lucrative ; 
and  resort  was  had,  in  too  many  instances,  to  desperate 
projects  of  speculation  and  adventure,  equally  eluding  cal- 
culation, ruinous  to  individuals,  and  vitiating  to  public 
morals.     But  the  public  mind  being  now  relieved  from  its 
disquieting  solicitude,   by  the  internal  tranquillity  of  the 
state,  the  elevated  character  of  our  republican  systems  of 
government,  the  respectable  condition  of  public  credit,  rest- 
ing on  its  primitive  principles  of  fiscal  administration,  and 
the  existing  relations  of  amity  between  the  United  States 
and  the  other  commercial  nations  of  the  world;  you  are 
happily  indulged  the  opportunity  of  turning  your  attention 
specially  to  the  interior  concerns  of  the  Commonwealth. 
And  coming,  as  you  do,  from  every  section  of  the  state^ 


GOVERNOR'S   SPEECH.  395 

yoii'bring  with  you,  not  only  a  knowledge  of  the  wants 
and  wishes  of  your  respective  constituents,  but  of  all  those 
facts  and  circumstances  prerequisite  for  suggesting  and 
perfecting  any  public  improvements,  of  which  the  Com- 
monwealth may  be  susceptible. 

Annual  elections  and  frequent  meetings  of  the  Legisla- 
ture, being  designed  to  perpetuate  the  principles  of  a  free 
constitution  in  their  purity  and  vigour,  and  to  promote  in 
the  highest  degree  possible,  the  general  welfare  of  the 
state,  it  seems  highly  proper,  as  auxiliary  to  these  ends, 
that  the  attention  of  the  Legislature  should  be  often  direct- 
ed to  inquiries  into  the  competency  of  the  laws  for  securing 
to  the  people  their  political  and  elective  rights  ;  to  inquir- 
ies, whether  they  obtain,  as  there  may  be  a  demand,  what 
the  constitution  assures  them,  right  and  justice  freely,  com- 
pletely and  promptly,  without  purchase,  without  denial,  and 
without  delay?  Whether  the  code  of  criminal  law  be 
adapted  to  the  state  of  society  and  morals,  and  punish- 
ments be  uniformly  commensurate  with  the  nature  and  tur- 
pitude of  crimes  ?  Whether  due  encouragement  is  bestow- 
ed upon  the  interests  of  religion,  learning,  humanity,  and 
benevolence  ;  upon  agriculture  and  the  fisheries ;  upon  na- 
val architecture,  and  other  mechanic  and  manufacturing 
arts  ;  upon  commerce,  and  those  productions  of  genius  and 
taste,  which  enrich  and  embellish  a  state  ?  And  in  fine, 
whether  the  laws  are  impartially  and  faithfully  adminis- 
tered ? 

Agriculture  was  not  only  the  first  employment  of  man, 
but  we  may  observe,  an  admirable  and  happy  coincidence 
of  his  interest,  his  passions,  and  his  taste,  witli  his  primi- 
tive destination.  But  agriculture  is  unsusceptible  of  an 
independent  existence.  Unsolicited  by  the  demands  of 
commerce  and  manufactures,  would  the  rural  economist 
extend  his  care  and  toil  beyond  the  supply  of  his  own  im- 
mediate consumption  ?  Men  do  not  act  without  motives. 
The  hope  of  profit  sweetens  and  originates  labor.  But  if 
the  surplus  products  of  the  soil  become  a  worthless  incum- 
brance to  the  producer,  languor,  inaction  and  scarcity  will 
be  the  result. 

Whatever  may  be  the  intrinsic  value,  or  the  relative  im- 
portance of  the  several  great  departments  of  political  econ- 
omy, which  are  so  intimately  united  as  to  be  inseparable, 
an  inquiry  into  most  promising  means  of  multiplying  and 


396  GOVERNORS  SPEECH. 

meliorating  the  products  of  husbandry,  will  not  be  deemed 
unworthy  a  Massachusetts  Legislature.  A  plentitude  of 
subsistence  affords  the  most  sure  and  stable  foundation  for 
the  maintenance  and  augmentation  of  the  population  of  the 
state,  for  the  improvement  of  manufactures,  and  for  the  ac- 
tive circulation  of  the  surplus  products  of  art  and  labor. 

Massachusetts  has  ever  been  respectable.  And  while  she 
retains  the  spirit  and  is  governed  by  the  principles  of  her 
political,  religious  and  moral  institutions  :  while  her  schools 
and  higher  seminaries  of  learning ;  while  science  and  the 
useful  arts  shall  be  cherished  ;  her  love  of  justice  and  her 
habits  of  industry  and  economy  shall  be  maintained,  she 
must  continue  to  command  the  respectful  consideration  of 
the  world.  The  Commonwealth,  to  the  mild  and  benefi- 
cent  influence  of  whose  constitution  and  laws  we  are  imme- 
diately, or  remotely  indebted,  not  only  for  our  civil  rights, 
but  for  the  secure  enjoyment  of  the  rights  of  conscience,  the 
pleasures  of  friendship,  and  of  whatever  is  most  dear  to 
our  affections  in  domestic  life,  claims  our  first  fealty  and 
homage.  And,  I  may  add,  that  the  people  of  the  several 
states  will  most  efficaciously  perpetuate  our  system  of  na- 
tional government,  by  preserving  the  solidity  and  the 
strength,  and  maintaining  the  erect  attitude  of  the  pillars 
upon  which  the  vast  and  lofty  superstructure  is  erected. 

By  recurring  to  the  resolves  of  the  last  session  of  the 
Legislature,  it  will  be  perceived,  that  on  the  third  of  De- 
cember last,  a  resolve  passed,  authorizing  and  requesting  the 
Governor,  with  the  advice  of  Council,  to  appoint  Agents  to 
present  the  claim  of  this  Commonwealth  against  the  United 
States  for  expenditures  during  the  late  war,  to  the  Congress 
of  the  United  States,  or  to  any  department  of  the  govern- 
ment as  might  be  found  expedient.  In  conformity  to  the 
authority  vested  in  the  Executive  by  that  resolve.  Agents 
were  appointed  and  commissioned,  to  repair  to  the  seat  of 
government  of  the  United  States,  for  the  purpose  expressed 
in  the  resolve  ;  and  the  Honorable  James  Lloyd,  and  Wil- 
liam H.  Sumner  and  Joseph  H.  Peiree,  Esquires,  were 
selected.  The  two  former  gentlemen,  with  as  little  delay 
as  possible,  proceeded  to  the  city  of  Washington  ;  the  latter 
gentleman  remained  in  Boston,  and  has  been  occasionally 
employed  in  selecting  and  furnishing  documents  to  elucidate 
the  principles  upon  which  our  claims  are  founded,  and  to 
arrange  the  component  parts  of  the  account  under  specific- 


GOVERNOR'S  SPEECH.  899 

heads,  as  required  by  the  departraent  of  war.  The  course 
pursued  by  the  Commissioners,  and  the  result  of  their  mis- 
sion, you  will  learn  more  distinctly  by  referring  to  their 
correspondence  with  the  acting  Secretary  of  War,  which 
the  Secretary  of  the  Commonwealth  will  lay  before  you. 

A  few  items  of  our  account  as  exhibited  against  the  Uni- 
ted States  by  the  Commissioners  were  considered  by  the 
Executive  as  coming  within  the  purview  of  existing  laws, 
and  eleven  thousand  dollars  have  been  remitted  to  me  by 
the  war  department  on  account ;  which  sum  I  immediately 
placed  in  the  hands  of  the  Treasurer  of  the  Commonwealth, 
where  it  awaits  the  order  of  tlie  Legislature. 

Since  the  last  sitting  of  the  Legislature,  it  has  been  ascer- 
tained that  a  considerable  balance  of  arms  is  due  to  this  State, 
by  virtue  of  the  act  of  Congress  passed  in  April  1808,  for 
arming  the  whole  body  of  the  militia  While  our  Commis- 
sioners were  at  the  seat  of  government  they  suggested  to  tha 
acting  Secretary  of  W^ar  a  proposition  for  transfeiring  to 
the  United  States  a  number  of  muskets,  the  property  of  the 
Commonwealth,  and  now  in  its  arsenals,  equal  to  the  balance 
due  to  the  State  from  the  appropriation  of  the  abovemen- 
tioned  act  of  April  1808,  to  be  reconveyed  to  the  State  as 
its  balance  of  arms  due  at  the  close  of  the  last  year.  This 
proposition,  it  is  understood,  would  have  been  acceded  to 
by  the  Executive  of  the  United  States,  and  payment  made 
for  the  arms  at  the  last  contract  price  of  arms  manufactured 
for  the  service  of  the  United  States,  had  the  powers  of  the 
Commissioners  been  competent  to  that  object.  It  rests  with 
you,  gentlemen,  to  authorize,  at  any  future  time,  a  commu- 
tation of  any  portion  of  the  arms  now  in  our  arsenals, 
agreeably  to  the  abovementioned  suggestion,  or  otherwise, 
as  you  may  judge  expedient. 

The  resolve  of  the  twelfth  of  December  last,  authorizing 
and  requesting  the  Governor,  with  the  advice  of  Council,  to 
appoint  agents  for  erecting  a  military  arsenal  at  Cambridge 
and  a  larboratory  in  Boston ;  and  the  resolve  of  the  thir- 
teenth of  the  same  month,  authorizing  the  appointment  of 
three  persons  to  consider  the  subject  of  the  State  prison  at 
large,  have  severally  been  attended  to,  and  the  agents  duly 
appointed.  The  arsenal  and  larboratory  have  been  con- 
tracted for,  and  are  in  a  suitable  state  of  progression. 

A  report  from  the  Commissioners  employed  to  inquire  in- 
fo the  mode  of  governing  the  Pennsylvania  penitentiary  aad 
52 


400  GOVERN OirS  SPEECH. 

other  institutions  of  a  similar  nature,  and  to  consider  at  large 
the  subject  of  the  State  prison,  and  to  report  any  improve- 
ments which  can  be  made  in  the  government,  organization 
or  enlargement  of  that  establishment ;  together  with  a  com- 
munication from  the  Directors  of  that  institution,  will  be  laid 
before  you  by  the  Secretary.  The  importance  of  that  benevo- 
lent and  humane  institution  has  always  been  highly  appre- 
ciated by  the  government  of  the  Commonwealth ;  and  from  the 
increasing  population  of  the  State,  and  from  a  variety  of  other 
causes,  which  the  several  communications  now  to  be  sub- 
mitted to  you  will  disclose,  it  is  daily  assuming  a  deeper 
interest.  Such  are  my  views  of  the  importance,  and  indeed 
necessity,  of  further  improvements  in  the  interior  arrange- 
ments and  management  of  that  institution,  in  order  to  the 
attainment  of  the  benefieient  designs  which  dictated  its  es- 
tablishment, both  as  a  place  of  mitigated  punishment,  and 
as  a  penitentiary,  that  I  feel  it  to  be  my  duty  specially  to 
invite  your  deliberate  attention  to  this  weighty  concern. 

Since  the  last  session,  I  have  received  a  letter  from  the 
Governor  of  the  State  of  New-Hampshire,  together  with  a 
resolve  of  the  Legislature  of  that  State,  suggesting  a  modi- 
fication  of  the  law  of  this  State  relative  to  the  inspection  of 
provisions.  Within  the  same  period,  I  have  received  from 
the  Governor  of  North -Carolina  a  letter,  accompanying  a 
proposition  of  the  Legislature  of  that  State,  for  amending 
the  constitution  of  the  United  States.  These  several  com- 
munications will  be  laid  before  you,  with  other  documents, 
by  the  Secretary. 

Accept,  gentlemen,  ray  assurances  of  the  highest  respect, 
and  of  my  readiness  to  concur  with  you  in  all  your  efforts 
to  promote  the  honor  and  happiness  of  Massachusetts. 

J.  BROOKS. 

Council  Chamber,  May  31,  1817- 


ANSWER  OF  THE  SENATE. 


May  it  please  your  Ea^cellency, 

THE  Senate  of  Massachusetts  are  deeply  impressed 
with  those  interesting  recollections,  so  natural  and  suitable 
to  the  time  and  the  occasion,  to  which  your  Excellency  has 
been  pleased  to  recur.  In  passing  in  review  that  long  train 
of  patriots,  statesmen  and  heroes  of  our  revolution,  which 
forms  so  affecting  a  part  of  the  mediations  of  the  moment, 
while  on  the  one  hand,  we  have  reason  to  lament  the  many 
of  whom  death  has  bereaved  us,  on  the  other  we  have 
cause  of  joy  and  of  thankfulness,  that  a  few  of  them  yet  re- 
main, full  of  years  and  of  honors,  the  lights,  the  guides,  and 
the  ornaments  of  their  country. 

We  coincide  with  your  Excellency  in  the  remark,  that 
the  annals  of  our  own  country  ^^  open  various  and  prolific 
sources  of  instruction  to  the  legislator,  and  of  proud  satis- 
faction to  the  American  patriot."  The  monuments  of  their 
fathers  should  be  the  studies  of  our  statesmen.  Their  prin- 
ciples, their  manners,  their  institutions,  their  zeal  for  civil 
and  religious  liberty ;  the  readiness  with  which  they  obey- 
ed all  requisitions  of  just  authority;  the  fearlessness  with 
which  they  resisted  every  attempt  at  oppression ;  their  un- 
shaken adherence  to  their  constitutional  rights,  and  the 
steady  watchfulness  with  which  they  guarded  those  essen- 
tial  principles  on  which  political  freedom  depends,  not  only 
in  turbulent  and  tempestuous  times,  but  also  in  those  more 
dangerous,  because  more  enervating  seasons  of  occasional 
peace  and  apparent  prosperity,  are  lessons  of  wisdom,  which 
it  well  becomes  their  posterity  to  engrave  upon  their  hearts, 
and  in  political  relations,  to  make  the  rules  of  their  lives. 

The  Senate  of  Massachusetts  realize,  in  common  with 
your  Excellency,  the  propitiousness  of  the  present  period 


40S  ANSWER  OF  THE  SENATE. 

for  impartial  inquiries  into  the  great  interests  of  the  Com- 
monwealth.  It  will  be  not  less  their  happiness  than  it  will 
be  their  duty,  toco-operate  with  your  Excellency,  and  with 
the  other  branch  of  the  Legislature,  in  "^  suggesting  and 
perfecting  any  public  improvements,  of  which  the  Common- 
wealth may  be  susceptible/''  And  in  fulfilling  this  duty, 
the  outline  traced  by  your  Excellency,  will  constitote  the 
chief  ground  of  their  inquiries,  not  only  on  account  of  the 
authority  from  which  it  has  proceeded,  but  on  account  of 
the  completeness  by  which  it  is  characterized. 

It  is  with  great  satisfaction  that  the  Seuate  of  Massachu- 
setts perceive  the  wide  space,  which  the  interests  of  agri- 
culture occupy  in  the  mind,  and  in  the  communication  of 
your  Excellency.  This  pursuit,  at  all  times  an  object  of 
the  care  and  affections  of  the  Legislature  of  Massachusetts, 
has,  at  the  present,  peculiar  claims  on  its  attention  and  so- 
licitude. While  speculation  is  opening  to  our  citizens  op- 
portunities of  new  settlements  in  distant  wildernesses,  and, 
by  delusive  tales  of  milder  climates  and  unexampled  pro- 
ducts, is  seducing  the  unsettled  part  of  our  population  to 
establishments  in  other  regions,  whatever  has  a  tendency  to 
meliorate  the  condition  of  our  soil,  to  counteract,  or  to  com- 
pensate, any  inauspiciousness  of  our  climate,  to  increase  the 
quantity  of  our  products,  or  encourage  such  as  are  best  suit- 
ed to  nourish,  on  a  small  territory,  a  comparatively  large 
population,  are  objects  worthy  of  the  most  profound  and 
anxious  thought,  and  of  the  most  liberal  patronage  of  a  wise 
Legislature.  The  interests  of  commerce  and  manufactures 
are  inseparably  connected  with  those  of  agriculture,  and  we 
entirely  coincide  in  the  opinion  of  your  Excellency,  that 
■whatever  tends  to  promote  the  permanent  prosperity  of  one 
of  these  pursuits  cannot  but  advantageously  affect  the  ad- 
vancement of  the  others. 

The  Senate  of  Massachusetts,  with  great  cordiality,  join 
your  Excellency  in  those  testimonies  of  respect  and  attach- 
ment toward  the  Commonwealth  of  Massachusetts,  which 
your  Excellency  has  been  pleased  to  express.  We  recog- 
nize the  greatness  of  our  obligations  to  its  constitution  and 
laws,  and  the  intimate  connexion  between  their  continuance 
in  purity  and  vigor,  and  the  preservation  of  our  civil  and 
religious  rights,  and  of  "  whatever  is  most  dear  to  our  af- 
fections in  domestic  life."  And  it  will  ever  be  the  anxious 
solicitude  of  th«  Senate  of  Massachusetts  "  t©  preserve  tli^ 


ANSWER  OF  THE  SENATE.  403 

soliility  and  the  stren£;tli,  and  to  maintain  the  erect  attitude" 
of  this  pillar  of  our  safety,  not  only  because,  under  its  shad- 
ow, will  be  found  the  best  security  for  our  rights,  liberties, 
and  privileges,  but  because  in  this  way,  we  shall  best  sup- 
port that  "  vast  and  lofty  superstructure"  which  the  system 
of  national  government  extends  over  us. 

The  various  objects  of  particular  concern,  which  your 
Excellency  has  been  pleased  to  lay  before  us,  shall  receive 
all  that  attention  to  which  they  are  entitled,  both  from  their 
nature  and  from  the  recommendation  of  your  Excellency ; 
with  whom  it  will  ever  give  pleasure  to  the  Senate  to  co- 
operate in  every  effort  which  has  a  tendency  "  to  promote 
^e  hoaor  and  happinees  of  Massachusetts." 


ANSWER 


OF  THE 

HOUSE  OF  KEPRESENTATIVES. 


May  it  please  your  Ecccellency, 

THE  House  of  Representativca  tender  to  your  Excel- 
lency their  congratulations  upon  the  return  of  the  anniver- 
sary of  our  General  Election,  and  upon  the  commencement 
of  a  new  political  year,  under  circumstances  so  auspicious 
to  the  welfare  and  happiness  of  the  people  of  the  Common- 
wealth. 

The  return  of  this  anniversary  recals  the  leading  events 
of  our  history,  the  contemplation  of  which  furnishes  abundant 
cause  for  patriotic  and  exulting  emotions.  With  a  few  oc- 
casional and  temporary  exceptions  of  national  prosperity  and 
of  striking  examples  of  virtue  and  patriotism,  the  history  of 
other  countries  exhibits  their  people  sunk  in  ignorance,  de- 
based by  slavery,  oppressed  by  misfortunes,  or  stained  by 
crimes ;  while  that  of  our  own  presents  the  grateful  and  sin- 
gular spectacle  of  a  people,  which  during  its  whole  exist- 
ence  of  nearly  two  centuries,  by  its  intelligence,  its  morals, 
its  principles  of  freedom,  and  love  of  justice,  has  held  on  its 
course  to  opulence  and  power,  unchecked  by  any  signal  ca- 
lamity, and  unsullied  by  any  gross  departure  from  national 
rectitude.  We  look  back  with  gratitude  and  proud  satis- 
faction to  the  history  of  our  forefathers,  to  ^'  whose  charac- 
ter and  manners,  political  and  religious  principles,  and  lit- 
erary institutions"  we  trace,  (under  Providence)  the  source 
of  that  unexampled  prosperity  which  has  marked  our  con- 
ditions, of  that  civil  and  religious  freedom,  which  so  pecu- 
liarly distinguishes  our  country.  Their  just  and  enlighten- 
ed views  of  government  and  its  objects,  their  zeal  for  reli- 
gion, their  stern  morality  and  love  of  literature,  were  the  on- 
ly bonds  which  could  have  held  together  their  newly  form- 


ANSWER  OF  THE  HOUSE.  405 

ed  associations.  Their  principles  gradually  accommodar 
ting  tliemselves  to  the  changes  in  the  situation  of  the  coun- 
try, and  to  the  augmentation  of  its  population,  have  formed 
the  habits  of  our  people,  and  become  the  guide  and  stand- 
ard of  social  and  political  opinions.  They  have  stamped  a 
distinct  character  upon  our  nation,  have  given  shape  to,  and 
have  embodied  themselves  in  our  constitution,  in  which  they 
are  fixed  as  moral  and  political  landmarks,  and  are  pub- 
licly consecrated  by  our  oaths. 

To  some,  our  political  constitutions  appear  inefficient  and 
imbecile  ;  others  deduce  the  power  and  prosperiry  of  the  na- 
tion from  its  form  of  government;  they  equally  overlook  the 
deep  and  distant  sources  whence  the  principles  of  our  gov- 
ernment have  been  drawn,  and  how  intimately  they  are  in- 
corporated and  combined  with  the  fabric  of  our  society.  A 
government  cannot  be  weak  which  has  continued  unchanged, 
during  the  convulsions  which  for  twenty-five  years  have  ag- 
itated mankind,  and  which  have  modified,  distorted  or  over- 
whelmed almost  every  government  of  the  old  world  ;  nor 
can  the  the  prosperity  of  that  country  depend  wholly  upon 
its  form  of  government  which  almost  without  any  visible  po- 
Htical  constitution,  attempted  and  achieved  its  liberation  from 
the  authority  of  a  powerful  sovereign,  for  an  infringement  of 
its  privileges ;  a  recollection  of  the  events  and  circumstan- 
ces of  the  early  history  of  our  country,  so  grateful  to  our 
national  feelings,  is  essential  to  the  knowledge  of  the  charac- 
ter of  our  people,  of  the  causes  of  their  success,  and  the  na- 
ture of  their  civil  institutions ;  and  this  knowledge  will 
teach  men,  that  the  power  of  that  government  cannot  long 
be  perverted  to  promote  the  selfish  purposes  of  a  few,  which 
has  its  origin,  and  derives  its  force  from  the  habits  and 
opinions,  the  interest  and  the  will  of  a  whole  people. 

To  Massachusetts,  which  by  its  early  efforts  and  con- 
stant example  has  contributed  so  essentially  to  form  the 
character  and  fix  the  establishments  of  the  nation,  and  which 
by  the  maintenance  of  its  '»  political,  religious  and  moral 
institutions,"  secures  to  us  more  immediately  the  enjoyment 
of  our  dearest  rights,  we  yield  both  from  affection  and  duty 
to  our  first  fealty  and  homage. 

The  House  of  Representatives  see  with  satisfaction  the 
people  quitting  with  alacrity  those  hazardous  and  precarious 
pursuits  in  which  a  state  of  war  had  compelled  them  to  en- 
gage, and  joyfully  resume  their  habits  of  peaceful  and  regu- 


406  ANSWER  OF  THE  HOtSE. 

lar  industry,  so  conducive  to  their  interest  and  congenial  to 
their  character  and  tastes.  The  general  state  of  tranquil- 
lity and  repose  is  highly  propitious  to  the  enjoyment  of  our 
rights  as  citizens,  and  the  performance  of  our  duties  as  leg- 
islators. Among  the  great  and  leading  ohjects  which  may 
claim  the  attention  of  the  Legislature,  we  recognize,  with 
yoar  Excellency,  the  agriculture  of  the  State,  which  fixes 
its  wealth  to  the  soil  and  furnishes  subsistence  to  the  peo- 
ple— the  arts  and  manufactures,  which  assist  all  by  their 
productions,  and  aid  in  the  accumulation  of  capital  in  the 
State ;  and  commerce,  which  subserves  the  interest  of  all 
classes,  by  facilitating  the  exchange  of  commodities,  and 
"without  the  aid  of  which,  agriculture,  the  arts  and  manu- 
factures, must  languish  and  decline. 

Our  government,  resting  wholly  in  the  interest  and  will 
of  the  people,  tlie  development  and  improvement  of  the  in- 
tellectual character  becomes  an  object  of  paramount  impor- 
tance, and  is  entitled  to  all  the  aid  which  the  Legislature 
can  afford.  To  instruct  and  enlighten  public  opinion,  is  to 
add  power  to  the  State  and  security  to  its  government. 

The  subject  of  the  State  prison  will  undoubtedly  receive 
that  attention  which  its  importance  demands.  We  shall 
most  readily  concur  in  the  adoption  of  any  system, 
which,  to  the  ordinary  means  of  preventing  crimes,  by  the 
infliction  of  public  and  exemplary  punishments,  may  add 
that  of  reclaiming  the  offender. 

The  other  subjects  mentioned  in  your  Excellency's  com- 
munication to  the  iwoxHouses,  as  entitled  to  the  considera- 
tion of  the  Legislature,  will  receive  from  the  House  of  Re- 
presentatives that  attention  which  is  due  to  their  importance, 
and  to  the  recommendation  of  your  Excellency.  We  ten- 
der our  assurance  of  concurring  with  your  Excellency  in 
every  effort  to  promote  the  welfare  and  prosperity  of  the 
State. 


RESOLVES. 

JUNE,  1817. 

CHAP.  I. 

Resolve  autJiorizing  the  Clerk  of  the  county  of  Essea^,  to 
assess  the  county  tax.    May  30th,  I8I7. 

Whereas  the  sum  of  seventeen  thousand  five  hundred 
dollars  has  been  granted  as  a  tax  on  the  county  of  Essex^ 
for  the  year  eighteen  hundred  and  seventeen,  and  the  Cir- 
cuit Court  of  Common  Pleas,  for  the  Middle  Circuit,  with- 
in and  for  said  county  of  Essex,  at  the  last  March  term 
thereof,  omitted  to  apportion  the  same  upon  the  several 
towns  in  said  county ; 

Resolved,  That  the  Clerk  of  the  Judicial  Courts  within 
and  for  said  county  of  Essex  be,  and  he  hereby  is  authoriz- 
ed and  empowered  to  apportion  said  sum  of  seventeen  thou- 
sand five  hundred  dollars  upon  the  several  towns  in  said 
county,  and  to  issue  warrants  for  the  collection  of  the  same, 
in  the  same  manner  as  the  said  Court  might  have  done^  at 
the  said  last  March  term  thereof. 

CHAP.  ir. 

Resolve  for  the  pay  of  the  Members  of  the  General  Court, 

June  2d,  I8I7. 

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  dol- 

52 


406  BELECTMEN  LINCOLNVILLE Jvim  6,  I8I7. 

lars  per  day,  for  each  and  every  day's  attendance  the  pre- 
sent political  year ;  and  the  like  sum  of  two  dollars  for 
every  ten  miles  travel  from  their  respective  places  of  abode, 
to  the  place  of  the  sitting  of  the  General  Court,  at  each  ses- 
sion of  the  same. 

And  he  it  farther  resolved,  That  there  be  paid  to  the 
President  of  the  Senate,  and  the  Speaker  of  the  House  of 
Representatives,  each,  two  dollars  per  day,  for  each  and 
every  day's  attendance,  over  and  above  their  pay  as  mem- 
ters. 


CHAP.  III. 

Mesolve  on  the  petition  of  the  Selectmen  of  Lincolnville* 
June  6th,  I817. 

On  the  petition  of  the  Selectmen  of  the  town  of  Lincoln- 
ville,  in  the  county  of  Hancock,  in  behalf  of  the  inhabitants 
of  the  said  town,  praying  that  the  doings  of  said  town,  at  a 
meeting  holden  on  the  eighth  day  of  May  last  past,  for  the 
choice  of  town  officers,  may  be  made  valid,  and  also  pray- 
ing that  the  doings  and  proceedings  of  the  said  town  and 
its  officers  in  former  years,  may  be  confirmed  and  rendered 
valid,  notwithstanding  the  Clerks  of  said  town  have  in  some' 
instances,  neglected  to  make  full  and  perfect  records  of  the 
administration  of  the  requisite  oaths  to  certain  of  said 
officers ; 

Resolved,  For  reasons  set  forth  in  the  petition  aforesaid, 
that  the  doings  of  said  town,  at  said  meeting,  for  the  choice 
of  officers  aforesaid,  be,  and  hereby  are  made  valid  in  law, 
to  all  intents  and  purposes  ;  and  the  officers  chosen  as  afore- 
said, shall  have  the  same  authority  as  if  the  said  meeting 
bad  been  held  in  the  month  of  March  or  April  last  past, 
any  thing  in  the  law  to  the  contrary  notwithstanding. 

And  he  it  further  resolved,  That  the  records  of  said  town 
of  Lincolnville  be  deemed  and  taken  to  be  as  valid  and  ef- 
fectual, to  all  intents  and  purposes,  as  if  the  same  had  been 
duly  attested  and  certified  by  the  Town  Clerk,  and  that 
the  proceedings  of  the  said  town  and  its  officers,  be  ratified 
and  confirmed ;  and  the  same  shall  be  deemed  and  taken  to 
be  as  valid  and  effectual  in  all  respects,  in  tlie  same  manner 
as  they  would  have  been,  had  the  Clerks  of  said  town,  in 


SAUG.  &  LYNN.— W.STEDMAN June  6,  I8I7.  407 

all  instances,  made  a  full  record  of  the  qualifications  of  the 
oflBcers  aforesaid. 


CHAP.  IV. 

Resolve  on  the  petition  of  the  Selectmen  of  the  towns  of 

Saiigus  and  Lynn,  in  the  county  of  Essex. 

June  6tli,  I8I7. 

Eesolvedf  That  for  reasons  set  forth  in  said  petition, 
there  be,  and  hereby  is  abated  of  the  amount  set  to  the 
town  of  Saugus,  in  the  county  of  Essex,  in  the  tax  act  passed 
December  fourteenth,  eighteen  hundred  and  sixteen,  two 
hundred  and  thirty-one  dollars  and  thirty-three  cents,  which 
was  erroneously  put  to  said  town  of  Saugus,  instead  of 
being  put  to  the  town  of  Lynn,  as  its  just  proportion  of 
the  state  tax,  in  the  tax  act  aforesaid ;  and  that  the  Trea- 
surer of  this  Commonwealth  be,  and  hereby  is  authorized 
and  directed  to  issue  his  warrant,  directed  to  the  Assessors 
of  the  town  of  Lynn,  requiring  and  directing  said  Assessors 
to  assess  upon  the  polls  and  estates  within  said  town  of 
Lynn,  the  sum  of  two  hundred  and  thirty. one  dollars  and 
thirty-three  cents,  agreeably  to  the  provisions  of  said  tax 
act,  in  addition  to  the  sum  for  the  assessment  and  collection 
of  which,  a  warrant  has  already  issued. 

And  be  it  further  resolved,  That  the  Court  of  Sessions, 
in  the  county  of  Essex,  in  assessing  hereafter  the  county 
tax,  be,  and  hereby  are  authorized  and  directed  to  apportion 
the  same  on  the  said  towns  of  Lynn  and  Saugus,  in  the 
proportion  of  three  quarters  to  Lynn,  and  one  quarter  to 
Saugus,  of  the  whole  tax  upon  both  said  towns,  until  a  new 
valuation  shall  be  returned. 


CHAP.  V. 

Resolve  in  favor  of  William  Stedman,    June  6th,  I8I7. 

On  the  petition  of  William  Stedman,  late  Clerk  of  the 
Judicial  Courts  for  the  county  of  AVorcester,  setting  forth 
that  a  b.alance  of  monies,  belonging  to  the  Commonwealth. 


408    TOWN  SEBEC— B.  KUSSELL— June  9, 1817. 

still  remains  in  his  hands,  and  praying  for  directions  as  to 
the  disposition  of  the  same. 

Resolved,  That  the  said  William  Stedman  be,  and  he 
hereby  is  authorized  and  directed  to  pay  over  to  the  Trea- 
surer and  Receiver  General  of  the  Commonwealth,  all 
monies  remaining  in  his  hands,  belonging  to  the  said  Com- 
monwealth^ taking  his  receipt  for  the  same. 


CHAP.  VI. 

Mesolm  eonfirming  the  doings  of  the  town  of  Sehec, 
June  9th,  1817. 

On  the  petition  of  the  Selectmen  of  the  town  of  Sebec, 
in  the  county  of  Penobscot,  representing,  that  at  the  first 
meeting  of  the  inhabitants  of  said  town,  a  part  of  them  were 
not  warned  to  attend ;  and  that  the  requisite  oath  of  tha 
Town  Clerk  of  said  town,  taken  by  him,  was  not  duly  re- 
corded; Therefore, 

Mesolved,  For  reasons  set  forth  in  said  petition,  that  the 
doings  and  the  records  of  said  town,  and  the  doings  of 
the  officers  thereof,  are  hereby  confirmed  ;  and  in  the 
above  particulars  made  good  and  valid,  to  every  intent  and 
purpose,  any  supposed  defects  therein  notwithstanding. 


CHAP.  VII. 

"Resolve  appointing  Benjamin   Russell,  Printer  of  thi» 
Commonwealth,  for  one  year,    June  9th,  1817. 

On  the  petition  of  Benjamin  Russell,  of  Boston,  in  the 
county  of  Suffolk,  praying  to  be  appointed  and  employed 
as  printer  to  the  General  Court,  the  ensuing  year ; 

Resolved,  That  the  said  Benjamin  Russell,  for  reasons 
set  forth  in  his  said  petition,  be,  and  he  hereby  is  appoint- 
ed the  printer  of  this  Commonwealth,  for  one  year  from  the 
fourth  day  of  June  instant,  to  be  fully  completed  and  end- 
ed, and  until  another  state  printer  shall  be  appointed  in  his 
etead :  Provided,  he  the  said  Russell,  shall  do  and  per- 
form, or  cause  to  be  done  and  performed,  the  printing  in  a 
faithful  and  workmanlike  manner,  on  good  and  suitable 


I 


ASSESSORS  OF  WARD.— June  9, 18iy.  409 

paper,  and  with  all  reasonable  despatch,  and  lo  the  accept- 
ance of  the  officers,  for  whom  the  work  may  be  done. 

Be  it  further  resolved,  That  the  compensation  which 
shall  and  may  be  allowed  and  made  to  the  said  Benjamin 
Russell,  for  printing  and  materials  furnished  as  aforesaid, 
shall  be  such  as  the  Committee  on  Accounts  may  deem  to 
be  just  and  reasonable ;  they  the  said  Committee  on  Ac- 
counts, taking  into  consideration  and  comparison,  the  pay 
and  allowance  heretofore  made  for  similar  and  like  servi- 
ces rendered,  and  articles  furnished  by  printers  to  the  Gen- 
eral Court,  for  several  years  last  past. 


CHAP.  VIU. 

Resolve  on  the  petition  of  JVathaniel  Stone  and  William 

Young)  late  Assessors  of  the  toivn  of  Ward, 

June  9th,  1817. 

On  the  petition  of  Nathaniel  Stone  and  William  Young, 
Junior,  Assessors  of  the  town  of  Ward,  in  the  county  of 
Worcester,  for  the  year  of  our  Lord  one  thousand  eight 
hundred  and  fifteen,  praying  that  Zebulon  Cary,  Abijah 
Craig,  Junior,  and  Daniel  Dodge,  Junior,  the  present  As- 
sessors of  said  town  of  Ward,  may  be  authorized  and  em- 
powered to  issue  their  warrant  for  the  collection  of  that  part 
of  the  taxes  assessed  by  the  said  Assessors  of  the  said  town 
of  Ward,  for  the  year  of  our  Lord  one  thousand  eight  hun- 
dred and  fifteen,  which  still  remains  uncollected  ; 

Resolved,  For  reasons  set  forth  in  said  petition  that  the 
said  Zebulon  Cary,  Abijah  Craig,  Junior,  and  Daniel 
Dodge,  Junior,  the  present  Assessors  of  said  town  of  Ward, 
be,  and  they  are  hereby  authorized  and  empowered  to  issue 
their  warrant  to  the  collector  or  collectors  of  taxes,  for  the 
said  town  of  Ward,for  the  year  of  ourLord  one  thousand  eight 
hundred  and  fifteen,  authorizing  and  directing  him  or  them, 
to  collect,  in  the  manner  prescribed  by  law,  whatever  re- 
mains due  and  unpaid  upon  the  lists  of  assessment  for  the 
year  aforesaid,  and  to  pay  over  the  same  according  to  the 
directions  of  the  law. 


410    NEWCASTLE,  &c.  TERM  REP.— JM>2e  9, 18iy. 

CHAP.  IX. 

Resolve  on  the  petition  of  the  Agents  of  the  towns  ofJSTew- 
castle  and  Edgecombe.     June  9th,  1817. 

On  the  petition  of  the  Agent  of  the  town  of  Edgecombe, 
and  of  the  Selectmen  thereof,  and  of  the  Agent  of  the  town 
of  Newcastle,  and  the  Selectmen  thereof,  praying  that 
Commissioners  may  be  appointed,  to  establish  the  dividing 
line  between  those  tow^ns  ; 

Resolved,  That  Ezekiel  Thompson,  Es([uire,  of  Lisbon, 
Abel  Merril,  Esquire,  of  Topsham,  and  Samuel  Coney, 
Esquire,  of  Augusta,  be  appointed  Commissioners,  at  th« 
joint  expense  of  the  said  towns  of  Newcastle  and  Edge- 
combe respectively,  to  establish  the  dividing  line  between 
those  towns,  being  first  sworn  to  the  faithful  discharge  of 
their  trust,  and  giving  seasonable  notice  to  all  parties  con- 
cerned, of  the  time  and  the  place  of  their  meeting ;  and  it 
shall  also  be  the  duty  of  said  Commissioners,  to  describe 
the  said  boundary  line  by  course  and  distance;  to  set  up  and 
notice  in  their  return,  suitable  monuments,  with  a  view  to 
the  permanent  establishment  of  the  said  boundary  line,  and 
to  make  out  triplicate  returns  of  their  doings,  two  copies 
of  which  shall  be  for  the  use  of  the  said  towns  of  Newcas- 
tle and  Edgecombe,  which  shall  be  forthwith  recorded  in 
the  town  books,  by  the  Clerks  of  those  towns,  respectively  ; 
and  the  other  copy  shall  be  forwarded  immediately  to  the 
office  of  the  Secretary  of  this  Commonwealth. 


CHAP.  X. 

Hesolve  authorizing  the  Secretary  to  purchase,  for  the  use 
of  the  Commonwealth,  fifty  additional  copies  of  Term 
Reports.     June  10th,  1817. 

Resolved,  That  the  Secretary  be  authorized  and  direct- 
ed to  purchase,  for  the  use  of  the  Commonwealth,  fifty 
copies  of  each  volume  of  the  Reports  of  Cases  determined 
in  the  Supreme  Judicial  Court  of  this  Commonwealth,  in 
addition  to  the  number  heretofore  ordered  ;  provided,  the 
same  can  be  had  for  a  sum  not  exceeding  two  dollars  and 
twenty -five  cents  a  volume. 


,1.CARLT0N,JUN.— e.BAD&ER.— Ju?2el04817.  411 

And  be  it  further  resolved,  That  the  Secretary  be  direct- 
ed to  purchase,  for  the  Coramouwealth,  fifty  copies  of  the 
thirteenth  volume  of  said  Reports ;  jwovided,  they  can  be 
procured  for  the  sum,  per  volume,  which  he  is  authorized 
as  above  to  give  for  the  other  volumes  ;  and  his  Excellen- 
cy the  Governor,  is  requested  to  issue  his  warrant,  with 
the  advice  and  consent  of  the  Council,  on  the  public  treas- 
ury, for  the  payment  of  said  volumes  accordingly. 


CHAP.  XI. 

Resolve  on  the  petition  of  John  Carlton,  Junior^  a  wounded 
soldier,     June  10th,  1817. 

On  the  petition  of  John  Carlton,  Junior,  of  Frankfort, 
praying  a  further  allowance,  in  consequence  of  having  a 
ball  shot  through  his  thigh,  while  doing  duty  in  the  detach- 
ed militia,  at  Hamden,  during  the  late  war  ; 

Resolved,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  this  Commonwealth,  unto  John  Carlton,  Junior, 
the  further  sum  of  thirty  dollars  for  one  year,  commencing 
on  the  first  day  of  October,  eighteen  hundred  and  sixteen. 


CHAP.  XII. 

Resolve  authorizing  the  Agent  of  Catharine  Badger  to  sell 
la7ids.     June  10th,  I8I7. 

On  the  petition  of  Catharine  Badger,  of  the  city  of  New 
York,  widow,  Guardian  of  Mary  Badger  and  George  Badg- 
er, minors,  children  of  Richard  Salstonstall  Badger,  late  of 
New  York,  aforesaid,  merchant,  deceased,  praying  that 
she  or  some  other  suitable  person  may  be  authorized  to 
make  sale  of  certain  real  estate,  situate  in  the  county  of 
Hancock ; 

Resolved,  For  reasons  set  forth  in  said  petition,  that 
Leverett  Salstonstall,  of  Salem,  in  the  county  of  Essex, 
Esquire,  be,  and  he  is  hereby  authorized  and  empowered 
to  sell  and  convey  in  fee  simple,  at  public  or  private  sale, 
the  real  estate  described  in  said  petition,  and  to  make,  exe- 


413      C.  GILBERT.— S.  J.  COURT — June  11, 1817. 

cute  and  deliver  a  good  and  suflRcient  deed  of  the  same : 
Provided f  that  the  said  Leverett  Salstonstall  first  give  bond, 
with  sufficient  sureties,  to  the  Judge  of  Probate,  for  the 
county  of  Hancock,  conditioned  that  he  will  account  for, 
and  make  payment  of  the  proceeds  of  the  said  sale,  agreea- 
bly to  the  rules  of  law. 


CHAP.  XIII. 

Resolve  on  the  petition  of  Clarissa   Gilbert,  a  soldier^s 
widow,     June  10th,  1817. 

On  the  petition  of  Clarissa  Gilbert,  widow  of  the  late 
Charles  Gilbert,  of  New  Bedford,  who  was  shot  while  doing 
duty  in  the  detached  militia,  in  August,  1814 ; 

Resolved,  For  reasons  set  forth  in  said  petition,  that  there 
be  allowed  and  paid  out  of  the  treasury  of  this  Common- 
wealth, unto  the  said  Clarissa  Gilbert,  for  the  use  of  her- 
self and  her  two  children,  the  sum  of  fifty  dollars,  annually, 
for  four  years,  to  commence  the  twelfth  of  August,  1814. 


CHAP.  XIV. 

Resolve  authorizing  one  of  the  Justices  of  the  Supreme  Jii- 
dicial  Court  to  hold  a  Court  for  Rarnstabh  and  JDukes^ 
County,     June  11th,  1817. 

Whereas  it  is  inconvenient  for  three  or  more  of  the  Jus- 
tices of  the  Supreme  Judicial  Court  to  attend  at  the  term 
of  said  Court,  next  to  be  holdea  at  Barnstable,  for  the 
counties  of  Barnstable  and  Dukes'  County ;  Therefore, 

Resolved,  That  the  next  term  of  said  Court  may  be  hold- 
en  by  any  one  of  the  Justices  of  the  same ;  and  should  any 
business  come  before  the  said  Court,  so  to  be  holden  as 
aforesaid,  which  by  law  requires  more  than  one  of  the  Jus- 
tices of  said  Court,  to  hear,  try  and  determine  the  same, 
may  be  heard,  tried  and  determined  by  the  Court  at  the  next 
law  term,  to  be  holden  within  and  for  the  counties  of 
Plymouth  and  Bristol,  unless  the  parties  thereto  shall 
agree  to  have  the  same  continued  to  the  next  term  of  said 
Court,  to  be  holden  at  Barnstable,  for  the  counties  of  Barn- 
stable and  Dukes'  County. 


C.  YOUNG.— STATE  PRISON.— J^twe  11,  I8I7.    ^13 

CHAP.  XV. 

Resolve  in  favor  of  Currence  Yoiin^,  widow  of  William 

Young,  one  of  Treasurer  Skinner^ s  bondsmen, 

June  11th,  I8I7. 

On  the  petition  of  Currence  Young,  of  Williamstown,  in 
the  county  of  Berkshire,  widow  of  William  Young,  Esquire, 
late  of  said  Williarastown,  deceased,  stating  that  the  said 
William  Young  was  one  of  the  sureties  of  Thompson  J". 
Skinner,  late  Treasurer  of  the  Commonwealth,  and  that  a 
judgment  has  been  rendered  in  favor  of  the  Commonwealth 
against  the  said  William,  for  the  default  of  said  Treasurer 
Skinner ;  that  tlie  Administrator  on  the  estate  of  the  said 
William,  deceased,  on  the  fifteenth  day  of  March  last,  sold 
all  the  real  estate  of  said  William,  at  auction,  and  that  the 
said  Currence  bid  off  the  reversion  in  her  dower,  and  the 
other  two  third  parts  of  the  dwelling  house,  for  the  sum  of 
two  hundred  dollars,  and  has  given  her  note,  with  security, 
to  the  Administrator  for  the  same ;  and  that  she  is  left  with 
a  family  of  children,  and  without  any  other  property  than 
her  right  of  dower  in  said  estate ;  that  she  is  unable  to  pay 
to  the  Commonwealth  the  said  sum  of  two  hundred  dollars, 
and  therefore  praying  the  Legislature  to  remit  the  same  to 
her ; 

Resolved,  For  reasons  set  forth  in  said  petition,  that  the 
Administrator  on  the  estate  of  William  Young,  Esquire,  late 
of  Williamstown,  deceased,  be,  and  hereby  is  authorized  to 
remit  to  said  Currence  Young,  the  payment  of  the  said  note 
for  two  hundred  dollars,  executed  by  her  to  said  Adminis- 
trator, as  set  forth  in  said  petition,  and  to  cancel  and  give 
up  the  same  to  her;  and  that,  in  the  settlement  of  the  estate 
of  the  said  William  Young,  deceased,  the  Commonwealth 
will  make  no  claim  upon  the  said  Administrator,  for  the 
amount  of  said  note. 


CHAP.  XVI. 

Resolve  granting  titelve  thousand  dollars  for  the  use  of  the 
State  Prison,     June  11th,  I8I7. 

Resolvedf  That  there  be  allowed  and  paid  out  of  the 
public  treasury,  for  the  use  of  the  State  Prison,  the  sum 
53 


414    GRANT  TO  STATE  PRISON— Jwwe  11, 1817. 

of  twelve  thousand  dollars,  to  be  drawn  from  the  treasury 
by  the  Warden  of  said  prison,  in  such  sums  as  the  Direc- 
tors shall  from  time  to  time  direct ;  and  his  Excellency  the 
Governor,  with  the  advice  of  Council,  is  hereby  requested  to 
draw  his  warrant  on  the  Treasurer  for  the  said  sum  accord- 
ingly. 


CHAP.  XVII. 

Mesolve  author izins;  the  Treasurer  to  borrow  money, 
Juue  iltb,  1817- 

Resolved,  That  the  Treasurer  of  this  Commonwealth  be, 
and  he  is  hereby  authorized  and  directed  to  borrow  of  any 
of  the  banks  in  the  town  of  Boston,  in  addition  to  the  sum 
now  borrowed,  any  sum  not  exceeding  fifty  thousand  dol- 
lars, that  may  at  any  time  within  the  present  year,  be  neces- 
sary for  the  payment  of  the  ordinary  demands  made  on  the 
treasury ;  and  that  he  repay  any  sum  he  may  borrow,  as 
soon  as  money  suflRcient  for  that  purpose,  and  not  otherwise; 
appropriated,  shall  be  received  into  the  treasury. 


CHAP.  ILYIIL 

Resolve  for  the  payment  of  forty-one  dollars  to  the  JfJonor- 
able  Lothrop  Lewis.     June  11th,  1817. 

Resolved,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  this  Common^vealth,  to  the  Honorable  Lothrop 
Lewis,  forty-one  dollars,  in  full  coilipensation  for  himself 
and  his  chainmen,  in  surveying  and  appraising  a  tract  of 
land  in  the  town  of  Brownfleld,  in  the  county  of  Oxford, 
by  virtue  of  a  resolve  of  the  Legislature,  passed  on  th& 
eighteentl)  day  of  June,  eighteen  hundred  and  sixteen, 


G.  SULLIVAN.— S.  HONNET.-Jitwe  12,  1817.    Uj5 


CHAP.  XIX. 

Resolve  empowering  George  Sullivan,  as  Guardian  of  Da- 
vid Pierce's  children,  to  perform  certain  contracts, 
June  11th,  1817. 

On  the  petition  of  George  Sullivan,  of  Boston,  in  the 
ttounty  of  Suffolk,  Esquire,  Guardian  of  the  minor  children 
of  David  Pierce,  late  of  said  Boston,  deceased  ; 

Resolved,  That  the  said  Sullivan,  in  his  said  capacity, 
be,  and  he  hereby  is  authorized  and  empowered,  in  behalf 
of  his  said  wards,  to  contract  for,  and  receive  a  conveyance 
to  his  said  wards,  in  common  with  the  other  children  of  the 
said  David  Pierce,  of  all  the  right,  titla  and  interest,  which 
their  mother,  Rebecca  Ruggles,  and  her  husband,  have  in 
and  to  a  certain  lot  of  land  and  its  appurtenances,  situate 
on  the  Boston  Pier,  or  Long  wharf,  so  called,  and  formerly 
the  property  of  the  said  David  Pierce,  and  thereon  to  cause 
to  be  erected  a  good  and  substantial  store  ;  and  for  the  pur- 
poses aforesaid,  to  make  and  execute  any  contracts,  agree- 
ments, or  covenants,  whether  under  seal  or  otherwise,  the 
approbation  thereto,  in  writing,  of  the  .Tudge  of  Probate 
for  the  said  county  of  Suffolk,  being  first  had  and  obtained. 
And  the  said  Judge  of  Probate  is  hereby  authorized  to 
prescribe  and  appoint  such  terms,  conditions  and  restric- 
tions to,  and  upon  the  said  Sullivan,  in  the  exercise  of  the 
authority  herein  before  granted^  as  he,  in  his  discretion 
jhall  deem  expedient. 


CHAP.  XX. 

Resolve  on  the  petition  of  Samuel  Honnet  and  others. 

Upon  the  petition  of  Samuel  Honnet,  Recall  Degrass, 
and  others,  Indian  inhabitants  of  Christian  Town,  so  call- 
ed, in  Dukes'  County,  praying  for  relief  from  certain  dig- 
tresses,  as  stated  in  their  petition  ; 

Resolved,  That  Kilborn  Whitman,  of  Pembroke,  Es- 
quire, be,  and  he  hereby  is  appointed  an  Agent  for  the  pur- 
pose of  proceeding  to  said  Christian  Town,  with  power  to 
examine  witnesses  respecting  the  subjects  of  complaint,  as 


il6     A.  LEWIS.— FOXCKOFT.— June  12,  1817. 

set  forth  ia  said  petition,  and  to  make  report  of  his  pro- 
ceedings at  the  next  session  of  the  General  Court :  said 
Agent  to  give  previous  notice  to  the  (ruardians  of  said  In- 
dians, of  Uie  place  where,  and  of  the  time  when,  he  shall 
make  the  exaraiuatioa. 


CHAP.  XXI. 

Resolve  on  tJie  jietition  of  Archelaus  Lewis  and  others,  au- 
thorizing the  collection  of  back  taxes,  in  Westbrook. 
June  ISth,  I8I7. 

On  th«  petition  of  Archelaus  Lewis,  Thomas  Siemens, 
and  Peter  Lunt,  a  Committee  of  the  first  Congregational 
parish  in  Westbrook ; 

Resolved,  For  reasons  set  forth  in  said  petition,  that  the 
present  Assessors  of  said  parish  be,  and  they  hereby  are 
authorized  and  empowered  to  issue  a  warrant  or  warrants, 
to  Isaac  Sawyer,  late  Collector  of  said  parish,  in  due  form 
of  law,  to  collect  all  parish  taxes  due  and  unpaid  on  his 
tax  bills^  from  the  year  of  our  Lord  one  thousand  seven 
hundred  and  ninety-five,  to  the  year  one  thousand  eight 
hundred  and  fourteen  inclusive. 


CHAP.  XXII. 

Resolve  confirming  the  records  and  doings  of  the  town  of 
Foxcroft.    June  12th,  I817. 

On  the  petition  of  the  Selectmen  of  the  town  of  Foxcroft, 
in  the  county  of  Penobscot,  representing,  that  at  the  first 
meeting  of  the  inhabitants  of  said  town,  a  part  of  them  were 
not  warned  to  attend  ;  that  lists  of  voters  have  not  been  uni- 
formly posted  according  to  law,  and  that  the  oath  of  certain 
town  officers  of  said  town,  taken  before  Justices  of  Peace, 
and  otherwise,  have  not  been  recorded  by  the  Town  Clerk  ; 

Resolved,  For  reasons  set  forth  in  said  petition,  that  the 
records  of  the  said  town  of  Foxcroft,  in  the  above  particu- 
lars, be  deemed  and  taken  to  be  as  good  and  valid  to  all 
intents  and  purposes,  as  if  the  said  town  officers  bad  pro- 
ceeded according  to  the  laws  regulating  such  proceedings; 


M.  MEAD  TO  EX.  A  DEED.— June  12,  1817.    417 

anil  that  the  said  records  of  said  town,  and  the  said  doings 
of  the  said  ofiBcers,  are  hereby  confirmed,  and  in  all  respects 
made  efifectual,  notwithstanding  any  of  the  above  supposed 
defects. 


CHAP.  xxni. 

liesolve  authorizing  Mary  Mead,  of  Walthamf  to  execute 
a  deed.     June  ISth,  1817. 

On  the  petition  of  Mary  Mead,  Administratrix  of  the 
estate  of  Jacob  Mead,  late  of  Waltham,  in  the  county  of 
Middlesex,  deceased,  setting  forth  that  the  said  Jacob 
Mead,  in  his  lifetime,  did  agree  with  Theodore  Lyman, 
of  the  same  Waltham,  Esquire,  to  convey  to  the  said  Ly- 
man about  two  acres  of  land,  described  in  said  petition, 
being  part  of  the  estate  of  said  deceased,  but  died  before  a 
deed  could  be  made  and  executed  ;  praying  that  she  may 
be  authorized  to  make  a  good  and  valid  deed  of  the  same, 
to  the  said  Theodore  Lyman  ; 

Resolved,  For  reasons  set  forth  in  said  petition,  that  the 
said  Mary  Mead,  as  she  is  Administratrix  of  the  estate  of 
the  said  Jacob  Mead,  deceased,  be,  and  she  is  hereby  au- 
thorized and  empowered  to  execute  a  good  and  sufficient 
deed  to  the  said  Theodore  Lyman,  of  the  said  land,  being 
part  of  the  estate  of  the  said  deceased,  situate  in  said  Wal- 
tham, bounded  westerly,  northerly,  and  easterly  on  lands  of 
the  said  Lyman,  and  southerly  on  other  lands  of  said  deceas- 
ed ;  and  such  deed,  so  made  and  executed,  shall  be  good 
and  valid  in  law,  to  convey  all  the  right  and  interest  which 
the  heirs  at  law  of  the  said  Jacob  Mead,  may  have  in  the 
same,  as  if  the  said  deed  had  been  executed  by  the  said 
Mead  in  his  lifetime,  pursuant  to  said  agreement :  Pro- 
vided nevertheless,  that  previously  to  the  delivery  of  said 
deed,  the  said  Lyman  shall  pay  unto  the  said  Mary  Mead, 
as  Administratrix  of  the  estate  of  the  said  Jacob  Mead, 
deceased,  to  be  accounted  for  by  the  said  Mary  with  the 
Judge  of  Probate  for  the  said  county  of  Middlesex,  the 
amount  of  the  purchase  money  which  was  agreed  upon  by 
and  between  the  said  Theodore  Lyman  and  the  said  Jacob 
Mead,  in  the  lifetime  of  the  said  Jacob  :  Provided  also, 
that  the  said  Mary  shall  first  give  bond,  with  sufficient 


us  DEAF  AND  DUMB.— M.G.  HOS.— Jztwe  13, 1817. 

surety,  to  the  Judge  of  Probate  of  said  county,  to  account 
and  pay  over  to  the  heirs  of  the  said  Jacob,  deceased,  the 
full  amount  of  the  purchase  aforesaid,  with  legal  interest 
thereon,  when  thereto  lawfully  required. 


CHAP.  XXIV. 

Resolve  to  ascertain  the  number  of  deaf  and  dumb  personsj 
throughout  the  state.     June  13,  I817. 

Resolved,  That  the  Selectmen  of  the  several  towns,  and 
the  Assessors  of  plantations  in  this  Commonwealth,  be  re- 
quired to  ascertain  the  number  of  deaf  and  dumb  persons 
within  their  respective  towns  and  plantations,  and  report  the 
same  to  the  Secretary  of  this  Commonwealth,  on  or  before 
the  first  Wednesday  of  the  next  session  of  this  General 
Court ;  specifying  the  age  and  sex  of  such  persons,  and 
their  situation,  and  that  of  their  near  relatives,  in  point  of 
property.  And  the  Secretary  of  this  Commonwealth  is 
hereby  ordered  to  cause  to  be  printed,  a  sufficient  number 
of  this  resolve,  and  to  transmit  the  same,  as  soon  as  may 
be,  to  the  Selectmen  of  the  several  towns,  and  the  Assess- 
ors of  plantations,  in  this  Commonwealth  ;  and  to  make  re- 
port to  this  Legislature,  of  all  returns  which  he  may  receive, 
in  pursuance  of  this  resolve,  on  or  before  the  second  Wed- 
nesday of  the  next  session  of  the  present  General  Court. 

And  be  it  further  resolved,  That  the  Secretary  of  this 
Commonwealth  cause  to  be  published,  this  resolve,  in  all 
the  newspapers  in  which  the  laws  of  this  Commonwealth 
are  printed,  six  weeks  successively,  prior  to  the  first  Wed- 
nesday of  the  next  session  of  the  General  Court. 


CHAP.  XXV. 

Resolve  on  the  memorial  of  the  Trustees  of  the  Massachu- 
setts General  Hospital.     June  12th,  I8I7. 

Resolved,  That  the  stone  to  be  employed  in  the  erection 
of  the  Massachusetts  General  Hospital,  shall  be  hammered 
and  fitted  for  use,  so  far  as  the  same  can  be  done,  by  the 
convicts  at  the  state  prison  of  this  Commonwealth,  in  such 


SELEC.  SOLON.— J.D.WESTON.— Jitnel24817.  419 

manner  as  the  Trustees  of  said  institution,  for  the  time  be- 
ing, or  their  Agent,  may  request,  free  of  expense  to  said 
corporation,  as  soon  as  may  be,  after  such  stone  shall  be 
delivered  at  said  prison  wharf,  for  that  purpose  :  Provided, 
that  nothing  herein  contained,  shall  be  so  construed  as  to 
prevent  or  retard  the  fulfilment  of  any  existing  contract  for 
stone  work,  with  any  other  person  or  persons  whatever. 
•4wrf  provided  also,  that  the  materials  to  be  worked,  shall 
be  delivered  free  of  expense  to  the  Commonwealth,  at  such 
part  of  the  prison  limits  as  the  Warden  may  direct,  and 
removed  from  thence  when  directed  by  the  Warden,  also 
free  of  expense  to  the  state. 


CHAP.  XXVI. 

Keaolve  authorizing  the  Selectmen  of  the  town  of  Solon ^  in 
their  said  capacity,  to  sell  land,     June  12th,  I8I7. 

On  the  petition  of  the  Selectmen  of  the  town  of  Solon ; 

Resolved,  That  the  said  Selectmen,  for  the  time  being,  be, 
and  they  are  hereby  authorized  to  sell  and  convey  by  deed 
of  sale,  duly  executed,  all  the  right  and  title  which  the  in- 
habitants of  the  said  town  of  Solon  have  in  a  lot  of  land, 
which  was  reserved  by  the  Commonwealth  for  the  use  of 
the  ministry  in  said  town :  Provided,  the  said  Selectmen 
shall  forthwith  thereafter,  purchase  another  lot  of  land  in 
said  town,  in  their  estimation  of  equal  value  at  least  with 
the  lot  sold  as  aforesaid,  and  in  a  situation  in  said  town 
more  convenient ;  a  deed  of  which  land  shall  be  taken  in 
the  name  of  the  inhabitants  thereof,  for  the  use  of  the  min- 
istry in  said  town,  duly  executed  and  recorded. 


CHAP.  xxvn. 

Resolve  on  the  petition  of  Jonathan  D.  Weston, 
June  12th,  I8I7. 

Resolved^  For  reasons  set  forth  in  the  said  petition,  that 
he  Judge  of  Probate  for  the  county  of  Washington,  be,  and 
he  is  hereby  authorized  to  allow  a  further  time,  not  exceed- 
ing six  months  from  the  seventh  d^y  of  Junw  instant,  to  the 


420    DISCHARGE  S.  FAIRBANKS June  IS,  1817, 

creditors  of  the  estate  of  John  L.  B,  Green,  deceased,  to 
bring  in  their  claims  before  Commissioners  of  insolvency 
on  said  estate  ;  and  that  the  report  of  any  former  Commis- 
sioners, on  said  estate,  be  committed  to  the  same,  or  any 
two  of  the  same,  or  to  other  Commissioners,  to  be  appoint- 
ed by  said  Judge  of  Probate,  for  further  examination,  alter- 
jitions  and  allowance,  according  to  law,  notwithstanding 
the  expiration  of  the  term  of  eighteen  months  from  the  is- 
suing of  the  foimer  commission,  any  law  to  the  contrary 
notwithstanding. 


CHAP.  XXVIII. 

JResolve  discharging  Samuel  Fairbanks  from  gaol. 
June  12th,  I8I7. 

On  the  petition  of  Samuel  Fairbanks,  of  Oakham,  in  the 
county  of  Worcester,  praying  that  he  may  be  discharged 
from  a  judgment  in  favor  of  the  Commonwealth,  rendered 
against  him  by  the  Circuit  Court  of  Common  Pleas,  holden 
at  Worcester,  within  and  for  the  county  of  Worcester,  on 
the  second  Monday  of  December  last  past,  and  a  warrant 
of  distress  which  issued  on  said  judgment,  by  which  the 
said  Samuel  Fairbanks  is  now  imprisoned  in  the  common 
gaol  in  the  county  of  Worcester:  And  also  from  a  sentence 
to  pay  a  fine  of  twenty-five  dollars  and  costs,  rendered 
against  him  by  said  Circuit  Court  of  Common  Pleas,  at  the 
term  thereof  holden  at  Worcester,  on  the  second  Monday 
of  March  last  past ; 

Resolved,  For  reasons  set  forth  inisaid  petition,  that  the 
said  Samuel  Fairbanks  be,  and  he  hereby  is  discharged  and 
released  from  the  judgment  and  warrant  of  distress  afore- 
said, and  from  the  payment  of  said  fine  and  costs.  And 
the  keeper  of  the  gaol  in  said  county  of  Worcester,  is  here- 
by authorized  and  empowered  to  discharge  the  said  Samu- 
el Fairbanks  from  his  imprisonment  for  either  of  the  causes 
aforesaid  :  Provided  hoivever,  that  the  Commonwealth  shall 
not  be  subject  to  any  costs  or  expense  which  may  have  ac- 
crued for  tifie  support  of  the  said  Samuel  Fairbanks,  diijing 
his  imprisonment  therein. 


GRANT  TO  J.  BAILEY,  &c.— June  12,  1817.    4^1 

^  CHAP.  XXIX. 

Mesolve  granting  one  tJiousand  dollars  to  Jeremiah  Bailey 
and  Benjamin  Orr,  Esquires.     June  12th,  1817. 

Resolved,  That  there  be  granted  to  Jeremiah  Bailey  and 
Benjamin  Orr,  Esquires,  one  thousand  dollars,  on  account 
of  their  services  as  Commissioners,  under  a  resolve  of  this 
Commonwealth,  passed  the  twenty-fifth  day  of  February, 
in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
thirteen,  and  a  further  resolve  of  the  said  Commonwealth, 
passed  the  tenth  day  of  February,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  sixteen :  and  his  Excel- 
lency the  Governor,  is  requested  to  draw  his  warrant  on 
the  Treasurer  for  the  same. 


CHAP.  XXX. 

Resolve  extending  the  time  for  quieting  settlers  in  Jeffer- 
son, and  six  other  towns.     June  12th,  1817. 

On  the  petition  of  the  Selectmen  of  the  town  of  Jeffer- 
son; 

Resolved,  For  reasons  set  forth  in  said  petition,  that  a 
further  time  of  one  year,  from  and  after  the  twentieth  day 
of  May,  now  last  past,  be,  and  hereby  is  allowed  to  the 
settlers  in  the  towns  in  Jefferson,  Boothbay,  Bristol,  Edge- 
combe, Newcastle,  Nobleborough,  and  Waldoborough, 
who  have  not  yet  been  quieted  in  their  titles,  under  and 
agreeably  to  the  terms  of  a  resolve  of  this  Commonwealth, 
passed  on  the  twenty-fifth  day  of  February,  in  the  year  of 
our  Lord  one  thousand  eight  hundred  and  thirteen,  and  a 
further  resolve  on  the  same  subject,  passed  on  the  tenth 
day  of  February,  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  sixteen,  to  make  payment  for  their  lands 
therein  mentioned ;  and  the  powers  and  duties  of  the  Com- 
missioners, appointed  under  the  resolve  first  aboveraention- 
ed^  are  hereby  prolonged  until  the  twentieth  day  of  May 
next,  to  every  purpose,  and  on  the  same  terms  of  said  re- 
solve. The  said  Commissioners  are  hereby  allowed  to 
take  from  the  Land  Office,  the  plans  of  said  towns  lode;ed 
54 


423    ROAD  TO  CANADA  hlKE.-^June  12,  1817. 

in  said  office  by  them,  for  the  purpose  of  completing  the 
objects  of  their  commission,  to  be  returned  to  said  office, 
when  they  make  their  final  report.  And  it  shall  be  the 
duty  of  said  Commissioners  to  make  their  final  return 
required  by  said  resolve,  to  the  first  session  of  the  next 
General  Court. 


CHAP.  XXXI. 

Hesolve  authorizing  the  Commissioners  for  the  sale  of  pub- 
lic lands,  in  the  District  of  Maine,  to  lay  out  a  road  t» 
the  Canada  line.     June  ISth,  1817. 

Resolved,  That  the  Commissioners  for  the  sale  and  set- 
tlement of  the  public  lands,  in  the  District  of  Maine,  be, 
and  they  are  hereby  authorized  and  enjoined,  forthwith  to 
cause  to  opened  and  completed,  a  suitable  road,  leading 
from  the  lands  known  by  the  name  of  "  Bingham's  Kenne- 
bec purchase,"  to  the  Canada  line,  and  in  the  direction 
marked  out  upon  a  plan  made  by  Charles  Turner,  Esquire, 
and  others,  with  such  occasional  variations  as  the  natural 
obstructions,  or  local  convenience  may  justify  and  require ; 
and  for  this  purpose,  the  Governor  be,  and  he  hereby  is 
authorized,  by  and  with  the  advice  of  the  Council,  to  draw 
his  warrant  upon  the  Treasurer  of  this  Commonwealth,  for 
any  sum  or  sums,  necessary  for  the  completing  this  object, 
not  exceeding  five  thousand  dollars.  And  the  said  Com- 
missioners are  also  authorized  and  directed,  to  take  such 
measures  as  they  may  find  necessary,  for  the  purpose  of 
obtaining  a  road  adjoining  that  contemplated  by  this  re- 
solve, to  be  made  through  the  said  lands,  known  by  the 
name  of  "  Bingham's  Kennebec  purchase,"  under,  and  by 
virtue  of  the  powers  vested  by  law,  in  the  County  Courts 
for  the  counties  respectively,  of  Oxford  and  Somerset,  un- 
less the  persons  interested  in  the  said  "  Bingham's  Ken- 
nebec purchase,"  shall  adopt  forthM'ith,  measures  satisfac 
tory  to  the  said  Commissioners,  for  this  object. 


ORANT  TAXES  BRISTOL,  kc.--June  12,  I8I7.    423 

CHAP.  XXXII. 

Mesolve  granting   taxes  to   the  counties  of  Bristol   and 
JK^orfolk.     June  12th,  I817. 

Whereas  the  Clerks  of  the  Court  of  Sessions  of  the 
counties  of  Bristol  and  Norfolk,  have  exhibited  estimates 
made  by  said  Courts,  of  the  sums  necessary  to  be  raised,  for 
building  new  gaols  in  said  counties  ; 

Resolved,  That  the  sums  annexed  to  the  counties,  con- 
tained in  the  following  schedule,  be,  and  the  same  are  here- 
by granted  as  a  tax  for  each  couoty  respectively,  to  be 
apportioned,  assessed,  paid,  collected,  and  applied,  for  the 
purposes  aforesaid,  according  to  law,  viz.  : 

County  of  Bristol,  six  thousand  dollars,     -    -  S6000  00 

County  of  Norfolk,  three  thousand  dollars,  -    -  3000  00 

CHAP.  XXXIII. 

Resolve  granting  taxes  to  the  counties  of  Plymouth ^  Wash- 
ington^  Lincoln^  and  Dukes'  County^    June  12tli,  I8I7. 

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  Sessions  for  said  counties,  have  exhibited 
estimates  made  by  said  Courts,  of  the  necessary  cliarges 
which  may  arise  within  the  said  several  counties,  for  the 
year  ensuing,  and  of  the  sums  necessary,  to  discharge  the 
debts  of  said  counties  : 

Resolved,  That  the  sums  annexed  to  the  several  coun- 
ties, contained  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,  according  to  law,  viz. : 

County  of  Plymouth,  four  thousand  dollars,     glOOO  00 
a        a  Washington,    one   thousand    six 

hundred  and  forty  dollars,      -       1610  00 
^^        "  Lincoln,  six  thousand  and  sixty 

dollars,      ---..--       6060  00 
f^        ^^  Dukes'    County,    eight  hundred 

dollars,      .-,----         800  00 


434!  RECORDS  PLANT.  NO.  S,  &c.— June  13,  I8I7. 

CHAP.  XXXIV. 

Mesolve  confirming  the  records  of  Plantation  JVumher  three, 
in  sixth  range.     June  12th,  18 17. 

On  the  petition  of  the  Plantation  Number  three,  in  sixth 
range,  north  of  the  Waldo  Patent,  in  the  county  of  Penob- 
scot, for  confirmation  of  their  records ; 

Resolved,  For  reasons  set  forth  in  the  said  petition,  that 
the  records  of  the  said  plantation,  be,  and  hereby  are  con- 
firmed and  made  valid,  the  informality  or  defect  therein 
mentioned  in  said  petition  notwithstanding;  Provided  how- 
ever, that  this  resolve  shall  not  be  construed  to  affect  the 
title  to  any  land,  the  payment  of  any  tax  on  a  non  resident 
proprietor,  or  any  action  now  pending  in  any  Judicial 
Court  in  this  Commonwealth. 


CHAP.  XXXV. 

Mesolve  making  valid  the  records  of  the  town  of  Mhens. 
June  13th,  I8I7. 

On  the  petition  of  the  Selectmen  of  the  town  of  Athens, 
in  the  county  of  Somerset,  praying  that  the  proceedings  of 
said  town,  in  relation  to  their  town  records,  may  be  made 
valid ; 

Resolved,  For  reasons  set  forth  in  said  petition,  that  the 
records  of  said  town  of  Athens,  in  the  cases  specified  in 
their  said  petition,  shall  be,  and  hereby  are  rendered  valid 
in  all  respects,  in  the  same  manner  as  they  would  have  been, 
if  the  Town  Clerk  had  recorded  a  certificate  of  the  Select- 
men's oath,  and  copies  of  the  valuation  of  the  inhabitants 
had  been  filed  and  lodged  in  the  Town  Clerk's  office,  ac- 
cording to  law. 


CHAP.  XXXVI. 

Mesolve  concerning  the  nine  townships  of  land  on  Penob- 
scot River,     June  13th,  I8I7. 

The  Committee  on  Eastern  Lands,  being  specially  in- 
structed to  consider  the  expediency  of  opening  the  sale  of 


LANDS  PENOBSCOT  RWER.^Jmie  13, 1817.    4S,i 

the  reserved  townships  on  Penobscot  River,  or  any  part 
thereof,  and  to  report  a  state  of  facts,  would  respectfully 
submit  the  following  particulars; 

The  first  resolve  found  touching  the  said  townships  was 
passed  February  twenty-sixth,  seventeen  hundred  and  nine- 
ty-six ;  this  created  Messrs.  Shepard,  Dane  and  Davis, 
Commissioners,  to  treat  with  the  Penobscot  tribe  of  In- 
dians, on  the  subject  of  their  claim  to  the  lands  on  the  river 
Penobscot,  from  the  head  of  its  tide  waters  to  its  source ; 
and  another  resolve  of  June  sixteenth,  the  same  year,  grant- 
ed the  said  Commissioners  two  thousand  dollars  to  meet 
the  peculiar  exigencies  of  the  enterprize.  On  the  eighth  of 
August,  the  same  year,  (seventeen  hundred  and  ninety-six,) 
an  indenture  was  executed  by  the  parties,  in  which  it  was 
stipulated,  in  consideration  then  paid  to  the  tribe,  of  blue 
cloth,  one  hundred  and  forty-nine  and  an  half  yards;  shot, 
one  hundred  pounds ;  powder,  one  hundred  pounds ;  hats, 
thirty-six;  salt,  thirteen  bushels;  New  England  rum,  one  bar- 
rel ;  and  corn,  one  hundred  bushels  ;  and  a  further  consid- 
eration, then  secured  to  them,  of  three  hundred  bushels  of 
corn,  fifty  pounds  of  powder,  two  hundred  pounds  of  shot,  and 
seventy-five  yards  of  blue  cloth,  for  blaniiets  ;  to  be  deliv- 
ered to  the  tribe  at  Kenduskeag  Stream,  yearly,  so  long  as 
the  said  tribe  should  continue  a  nation,  and  live  within  the 
Commonwealth.  The  tribe,  by  Joseph  Orono  and  others, 
chiefs  thereof,  conveyed  to  the  state  all  that  tract  of  land 
on  Penobscot  River,  and  on  both  sides  of  said  river,  begin- 
ning near  Jonathan  Eddy's  dwelling  liouse,  at  Nichols' 
Rock,  and  extending  up  the  said  river,  thirty  miles,  on  a 
direct  line,  according  to  the  general  course  of  said  river, 
excepting  and  reserving,  however,  to  said  tribe,  all  the 
islands  in  said  river,  above  Old  Town,  including  said  Old 
Town  Island  itself.  The  next  year  Salem  Towne,  Esquire, 
was  empowered,  by  a  resolve  of  June  tv/enty-second,  sev- 
enteen hundred  and  ninety-seven,  to  cause  the  said  lands 
to  be  surveyed  and  laid  out  into  townships,  each  of  six 
miles  square,  as  near  as  the  land  would  admit,  and  to  sur- 
vey the  same  townships  into  quarters,  a  plan  of  all  which 
he  therein  was  required  to  return,  with  particulars,  as  to 
the  quality  of  the  lands,  the  situation  of  streams  and  waters, 
the  number  of  settlers  at  the  time  of  the  purchase  and  the 
quantum  of  lands  each  settler  had  under  improvement.  Ac- 
cordingly, under  the  direction  of  said  Towne,  Messrs.  P. 


4S6    LANDS  PENOBSCOT  RIVER.— Jiiwe  13, 1817. 

Holland,  J.  Maynard  and  J.  Chamberlain  surveyed  the 
whole,  which  they  divided  into  nine  townships  only,  and 
found  the  whole  to  contain  one  hundred  and  eighty-nine 
thousand  four  hundred  and  twenty-six  acres,  including  two 
small  gores  of  land,  on  each  side  of  the  Penobscot,  lying  be- 
tween the  present  and  other  surveys.  The  townships  are  also 
eeverally  surveyed  into  quarters,  and  a  plan  of  the  whole, 
dated  December  twentieth,  seventeen  hundred  and  ninety- 
seven,  duly  returned.  The  number  of  settlers  on  the  nine 
townships,  prior  to  the  purchase  in  August  the  year  before, 
was  found  to  be  thirty-two  in  all.  In  proceeding  from  north  to 
south,  down  the  Penobscot,  the  said  townships  on  the  west- 
erly side  thereof,  were  numbered  from  one  to  five,  and  on  the 
easterly  side  from  one  to  four,  both  on  each  side  inclusive. 
A  resolve  of  March  second,  seventeen  hundred  and  ninety- 
eight,  further  provided  that  each  of  the  thirty,  two  settlers  be 
quieted,  by  having  one  hundred  acres,  so  as  best  to  include 
his  improvements,  and  be  least  injurious  to  the  adjoining 
lands,  for  such  considerations  as  the  said  Salem  Towne,  the 
Commissioner,  should  determine  the  same  to  be  worth.  It 
also  authorized  him  to  sell  said  lands  at  auction,  in  quantities 
not  exceeding  quarter  of  townships,  with  a  reservation  of 
one  hundred  acres  for  schools,  fifty  acres  for  the  first  set- 
tled minister,  and  one  hundred  acres  for  the  ministry,  in 
each  quarter  township,  and  with  a  restriction  that  no  part 
should  be  sold  for  less  than  a  dollar  per  acre.  The  time 
for  his  quieting  said  settlers,  was,  by  resolve  of  June  twen- 
ty-second, seventeen  hundred  and  ninety -nine,  limited  to 
the  first  day  of  June  then  next  following ;  but  by  a  resolve 
of  June  twelfth,  eighteen  hundred,  extended  a  mouth  longer. 
After  the  lapse  of  twelve  years,  from  the  time  the  Commis- 
sioner, General  Towne,  was  first  empowered  to  sell  lands  in 
the  nine  townships,  he  rendered  a  detailed  statement  of  the 
sales  he  had  made,  and  the  considerations  received,  also  of 
his  disbursements  and  commissions,  all  which  were  duly 
considered  by  a  Legislative  Committee  of  both  houses,  and 
an  adjustment  was  concluded.  A  resolve,  as  reported  by 
that  Committee,  was  passed  March  fifth,  eighteen  hundred 
and  ten,  by  which  the  settlement  was  sanctioned,  and  the 
Commissioner,  General  Towne,  was  discharged  from  any 
further  service  in  the  premises. 

This  settlement  developed  sundry  important  facts,  as  fo 
the  quantities  sold^  the  consideration  received  or  secured, 


LANDS  PENOBSCOT  RIVER.— Jwwe  13, 1817.    4^7 

and  the  persons  to  whonij  and  the  places  where  the  con- 
veyances are  made.     They  are  these  : 

Of  the  whole  number  of  acres  in  the  nine  town- 

sliips,  which  by  the  foregoing  survey  and  re-    Acres. 
turn  were  found  to  be  189,426 

The  Commissioner,  General  Towne,  bad  sold         27,610| 

For  the  the  sum  of  twenty-five  thousand,  eight  hun- 
dred and  eighty  four  dollars,  and  fifty  eight 
cents  ;  thus  making  the  Commonwealth  still  the 
proprietor  of  161,81 5| 

The  sales  just  mentioned  were  on  both  sides  of 
the  Penobscot  River.     On  the  west  side  of  the 
river, 
In  townships  No's.  1,  §  and  3,  the  Commissioner 

made  no  sales. 
Tn  township  No.  4,  out  of  its  second  quarter,  he 

"  "  sold  to  ,Tohn  Southgate  1,500 

"  "         out  of  its   third   quarter,  he 

"  "  sold  to  said  Southgate  500 

"  *^         the  residue  of  this  third  quar- 

"  "  he  sold  to  Thomas  Cobb, 

"  "  being  3,277 

*'  "         the  whole  of  the  fourth  quar- 

"  "  ter,  he  sold  to  Aaron  Tufts^ 

"  «  being  3,468 

In  township  No.  5,  he  sold  the  whole  of  its  second 

quarter  to  Joseph  Treat  4,415 

On  the  east  side  of  Penobscot  River,  in  townships 

No.  1  and  %  he  made  no  sales  :  but 
In  township  No.  3,  he  sold  out  of  its  second  quar- 

"  «  ter,  to  Paul  Dudley  500 

"  '*         out  of  its   third    quarter,  to 

"  ^«  John  Southgate  1,000 

"  ''        the  residue  of  the  third  quar- 

"  "  ter  and  the  whole  of  the 

"  *^  fourth  quarter  he  sold  to 

"  "  Charles  Blanchard  and  five 

"  *^  others,  being  11,572 

In  township  No.  4,  he  sold  out  of  the  first  quarter 

to  Aaron  Forbes  1,000 

By  virtue  of  a  special  resolve  of  February  fifteenth, 
eighteen  hundred  and  five,  he  conveyed  to  Jrj. 


458    LANDS  PENOBSCOT  RIVER.— June  13, 1817. 

seph  Innman  a  lot  in  No,  4,  on  the  west  side  of 
the  river  15Q 

The   Commissioner  made  other  conveyances,  in 

whole  228k 


Making  ^7,6101 


Your  Committee  would  further  state,  that  from  the  best 
information  received,  they  are  to  believe  the  selling  of  lands 
to  any  others  than  actual  settlers,  is  injudicious  policy;  for 
on  the  said  lands  sold  to  John  Southgate,  to  Thomas  Cobb, 
to  Charles  Blanchard  and  others,  and  to  Joseph  Treat, 
few,  very  few,  have  settled  since  the  Commonwealth  alien- 
ated the  fee,  while  numbers  of  actual  settlers,  intending  to 
make  farms,  and  ever  desirous,  as  a  prevalent  principle  of 
the  human  heart,  to  get  a  title  to  lands  they  select  and  set- 
tle on,  have  rather  risqued  the  future  humanity  of  the  Com- 
monwealth, by  entering  on  its  lands,  than  to  purchase  of 
the  non  resident  proprietors. 

As  to  roads,  it  is  proper  to  state,  that  under  resolve  of 
June  twentieth,  eighteen  hundred  and  seven,  Charles  Turn- 
er, Esquire,  the  next  year  surveyed  and  marked  a  road 
from  the  Penobscot,  about  two  miles  above  the  mouth  of 
Sunkhaze  Stream,  on  its  course  north-eastwardly,  seven 
miles  through  township  Number  two,  on  the  east  side  of  the 
river,  towards  and  unto  the  east  line  of  Maine.  A  resolve 
of  February  twenty-fifth,  eighteen  hundred  and  twelve,  au- 
thorized the  Agents  for  the  sale  of  Eastern  Lands  to  lay 
out  seven  thousand  acres,  to  be  located  on  each  side  of  the 
road  surveyed  from  Pushaw  Stream,  near  the  Penobscot, 
to  the  Piscatiquis,  in  lots,  eighty  rods  wide  and  one  hundred 
rods  back,  and  to  convey  the  same  to  make  the  road  fit  for 
travelling  in  wheel  carriages.  That  part  of  the  road  which 
lies  between  the  Pushaw  and  the  westerly  line  of  the  nine 
townships,  (fourteen  miles  in  length,)  is  already  well  made; 
and  fifty  lots  in  Number  two,  on  the  west  side  of  said  Pe- 
nobscot, have  been  conveyed  to  him  who  has  made  it. 

Your  Committee  would  further  add,  that  Thomas  John- 
son and  fourteen  others,  had  granted  to  them,  by  resolve  of 
January  twenty-fourth,  eighteen  hundred  and  fifteen,  eight 
thousand  acres  of  land,  which  it  is  understood,  they  mean  to 
select  within  the  said  nine  townships,  but  which  they  have 
not  yet  located.     To  the  Trustees  of  the  Maine  Literary 


LANDS  PENOBSCOT  RIVER.— June  13,  I8I7.   429 

and  Theological  Institution  was  guanteJ,  by  resolve  of  Feb- 
ruary fifteenth,  eighteen  hundred  and  fifteen,  the  whole  of 
township  Number  three,  on  the  west  side  of  Penobscot 
River,  with  a  reservation  however,  of  two  thousand  and  six 
hundred  acres,  to  defray  the  expense  of  making  the  road 
last  mentioned.  Something  has  also  been  done  to  quiet 
the  settlers  on  the  Commonwealth's  lands  in  the  nine 
townships,  since  the  agency  of  General  Towne  was  con- 
cluded. Pursuant  to  the  petitions  of  Anna  Palmer,  Eber 
Harthorn,  Richard  Eldridge,  Moses  Knapp,  and  some 
others,  resolves  have  passed  the  thirteenth  of  June,  eighteea 
hundred  and  fourteen,  and  twelfth  of  February,  eighteen 
hundred  and  sixteen,  empowering  the  Agent  for  the  sale  of 
Eastern  Lands,  to  quiet  by  deed,  each  of  them  on  one  hun- 
dred acr-3s,  so  surveyed  as  best  to  include  their  improve- 
ments, and  be  least  injurious  to  contiguous  lands,  for  such 
sum  as  he  may  judge  reasonable,  being  not  less  than  one, 
nor  more  than  two  dollars  by  the  acre.  Little,  however,  is 
found  to  have  been  done  under  these  resolves,  uotwithstand- 
ing  the  solicitude,  the  self  location  and  the  increasing  im- 
provements by  the  settlers. 

After  stating  what  has  been  actually  granted  or  convey- 
ed out  of  the  said  nine  townships,  it  ought  not  to  be  omit- 
ted, that  of  some  of  the  lauds  therein  conveyed,  the  Com- 
monwealth is  again  about  to  become  resiezed.  Thus,  of 
eleven  thousand  five  hundred  and  seventy-two  acres,  sold 
to  Charles  Blanchard  and  others,  near  two  thirds  will 
again  become  the  state's  property,  when  an  execution  is 
levied.  Purchase  monies  are  also  due  from  others,  the 
payment  of  which  is  secured  by  mortgage  of  the  lands  pur- 
chased, in  failure  of  which  payment,  the  Commonwealth 
may  become  hereafter  the  proprietor  of  them. 

Your  Committee  would  also  beg  leave  to  remind  the 
General  Court,  that  nearly  one  half  of  the  four  townships 
on  the  east  side  of  the  Penobscot,  consists  of  lands  well 
fitted  for  improvements  or  cultivation,  some  of  which  is  ex- 
cellent; and  that  the  greater  part  of  the  five  townships,  on 
the  western  side  of  the  river,  are  good.  That  township 
N  umber  four,  on  the  west  side  of  the  river,  was,  in  eighteen 
hundred  and  six.  incorporated  into  a  town,  by  the  name  of 
Orono.  which  bounds  on  the  shire  town  of  the  county  of 
Penobscot ;  and  that  the  wliole  is  very  eligibly  situated  on 
the  Penobscot  and  other  waters.  Your  Committee,  there- 
fore, would  ask  leave  to  report  the  following  resolve. 

WILLIAM  D.  WILLIAMSON,  Chairman. 


^30    HAL.  AND  AUGUSTA  BANK.— June  13,  1817. 

Resolved,  That  the  Commissioners  for  the  sale  of  Eastern 
I^ands  be,  and  they  are  hereby  directed  to  survey  and  sell 
any  part  of  the  Commonwealth's  lands  within  said  nine  town- 
ships, to  actual  settlers ;  provided,  that  not  more  than  five 
hundred  acres  be  sold  to  any  one  person  or  association,  in 
any  one  toAvnship  thereof,  and  that  none  be  sold  for  less 
than  one  dollar  per  acre :  Provided  also,  that  the  said  Com- 
missioners regulate  their  conduct  and  proceedings  under 
this  resolve,  conformably  to  the  provisions  of  the  act  passed 
February  fifteenth,  eighteen  hundred  and  sixteen,  entitled, 
^^  An  act  for  promoting  the  sale  and  settlement  of  the  public 
lands  in  the  District  of  Maine." 


CHAP.  XXXVII. 

Mesolve  on  the  proceedings  of  the  Committee  on  the  Hal- 
lo well  and  Augusta  Bank,    June  13th,  1817. 

The  Committee  on  the  Report  of  the  proceedings  of  the 
Hallowell  and  Augusta  Bank,  report ; 

That  in  their  opinion,  the  subject  committed  to  them, 
cannot  be  sufficiently  investigated  at  the  present  session  of 
this  General  Court,  to  enable  them  to  report  thereon ;  but 
they  consider  it  of  sufficient  importance  to  require  their  fur- 
ther and  careful  attention  during  the  recess  of  this  Genera] 
Court :  they  therefore  report  the  following  resolve  ; 

Resolved,  That  the  said  Committee  are  hereby  authoriz- 
ed and  empowered  to  sit  during  the  recess  of  this  General 
Court,  for  the  further  investigation  of  the  subject  to  them 
committed. 


CHAP.  XXXVIII. 

Resolve  granting  fourteen  dollars  and  eighty -seven  cents  to 
Gideon  Burt,  Esquire,  for  certain  costs  paid  by  him. 


June  13th,  181 


On  the  petition  of  Gideon  Burt,  Esquire,  of  Longmeadow, 
in  the  county  of  Hampden,  praying,  that  a  bill  of  costs  paid 
by  him  to  the  Sheriff  of  the  county  of  Hampdeii;  may  be 
refunded  to  him ; 


G.  BURT.— WINSLOW  LEWIS.— Jitwe  13,  I8I7.  *31 

Resolved,  For  reasons  set  forth  in  said  petition,  that 
there  be  allowed  and  paid  out  of  the  treasury  of  this  Com- 
monwealth, to  the  said  Gideon  Burt,  the  sum  of  fourteen 
dollars  and  eighty-seven  cents,  being  the  sum  paid  by  him 
as  aforesaid ;  and  that  his  Excellency  the  Grovernor  be 
requested  to  draw  his  warrant  on  the  Treasurer  for  the 
same.  ^ 


CHAP.  XXXIX. 

Resolve  on  the  jjeiition  of  Winslow  Lewis  and  otherSy  to  be 

incorjyorated  into  a  military  corps  of  Sea  Fencibles, 

June  13th,  I8I7. 

On  the  petition  of  Winslow  Lewis  and  others,  who  are 
exempted  from  military  duty,  praying  to  be  formed  into  11 
corps  of  Sea  Fencibles  ; 

Resolved,  That  his  Excellency  the  Governor,  with  the 
advice  of  Council,  be,  and  he  is  hereby  authorized  to  raise^ 
by  the  voluntary  enlistment  of  such  Masters  and  Mates  of 
vessels,  as  dwell  within  the  town  of  Boston,  or  within  five 
miles  thereof,  as  now  are,  or  shall  hereafter  be  exempted 
from  military  duty,  a  corps  of  Sea  Fencibles ;  and  he  is 
hereby  authorized  to  establish  such  rules  for  the  govern- 
ment and  organization  of  such  corps,  and  to  commission 
such  oflicers  as  shall  be  chosen,  and  to  deliver  them  such 
ordnance  and  munitions  of  war  as  he  may  deem  expedient. 
And  the  Commander  in  Chief  shall  have  the  same  power 
and  control  over  the  same  corps  as  he  would  have  had  if  the 
members  composing  the  same  had  not  have  been  exempted 
by  law  from  military  duty. 

Be  it  further  resolved,  That  the  officers  and  members  of 
said  corps  shall  be  holden  to  perform  the  duties  assigned 
to  them,  in  the  same  way  and  manner  as  is  required  of 
other  corps,  raised,  organized  and  commissioned,  conform- 
ably to  the  laws  of  the  United  States ;  and  they  shall  be 
subject  to  like  punishments,  fines  and  disabilities  as  such 
other  corps  are  subject  to  by  law. 


432  JAMES  LEE.— JAMES  FOORD.— Jtme  13, 1817. 

CHAP.  XL. 

Resolve  allowing  ninety-two  dollars  to  James  Lee,  of  Bos- 
ton,  for  loss  incurred  in  the  jprosecution  of  Orrin  May- 
iiard*    June  13th,  1S17. 

On  the  petition  of  James  Lee,  praying  compensation  for 
expenses  and  loss  incurred  in  the  prosecution  of  Orrin  May- 
iiard,  for  a  fraud  on  him,  said  Maynard  having  been  fined 
by  the  Court  in  which  he  was  indicted,  and  having  paid  a 
fine  of  two  hundred  dollars  and  costs  of  prosecution,  to  the 
Commonwealth ; 

liesolved,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  this  Commonwealth,  unto  James  Lee,  of  Bos- 
ton, the  sum  of  ninety-two  dollars,  for  his  expense*  and  loss 
in  the  prosecution  of  said  Orrin  Maynard  ;  and  his  Excel- 
lency the  Governor,  with  the  advice  and  consent  of  the 
Council,  is  hereby  requested  and  authorized  to  draw  his 
warrant  on  the  Treasurer  for  the  same. 


CHAP.  XLL 

Resolve  on  the  'petition  of  James  Foord,  Tiegister  of  Deeds 
for  the  County  ofJVorfolk,     June  13th,  1817. 

Resolved,  For  reasons  set  forth  in  said  petition,  that  the 
Secretary  of  this  Commonwealth  be  directed  to  deliver  to 
the  Register  of  Deeds  for  the  county  of  Norfolk,  the  first, 
second  and  third  volumes  of  the  Statute  Laws  of  this  Com- 
monwealth, for  the  use  of  the  said  Register  and  hjs  succes- 
sors in  office. 


CHAP.  XLIL 

Mesolve  on  the  petition  of  David  Smith  and  others, 
June  13th,  1817. 

On  the  petition  of  David  Smith  and  others,  of  the  society 
of  Friends  or  Quakers,  composing  Bolton  monthly  meeting ; 

Resolved,  That  the  Selectmen  of  Bolton  and  Berlin, 
each  in  th^ir  respective  towns,  be,  and  they  are  hereby  au- 


p.  SMITH.— S.  PRISON  WALL.— /une  13, 1817.  433 

thorized,  annually,  to  cause  to  be  paid  to  the  Teacher  of 
any  school  established  in  the  town  of  Bolton  by  the  society 
of  Friends  or  Quakers,  for  the  instruction  of  the  children 
belonging  to  such  society,  within  the  said  towns,  such  sums 
as  may  be  received  into  the  town  treasury  from  any  mem- 
bers of  such  society,  as  taxes  for  the  support  of  public 
schools  :  Provided  however,  that  every  person  applying  to 
have  his  taxes  so  paid  over,  shall  within  such  time  as  shall 
be  prescribed  by  the  said  Selectmen,  loiige  with  them,  a 
certificate  from  the  proper  officers  of  the  Bolton  monthly 
meetings,  that  such  person  is  a  member  of  the  society  of 
Friends  or  Quakers,  and  usually  attending  on  the  religious 
meetings  of  said  society. 


CHAP.  XLIII. 

Resolve  for  the  rebuilding  the  State  Prison  wall. 
June  13th,  1817. 

On  the  representation  of  the  Directors  of  the  State  Pris- 
on ; 

Resolved,  That  his  Excellency  the  Governor,  with  the 
advice  and  consent  of  Council,  be,  and  he  hereby  is  author- 
ized to  cause  that  part  of  the  prison  wall  which  has  fallen 
down,  to  be  immediately  rebuilt,  on  the  same  limits,  or  ex- 
tending the  same,  as  the  Governor  and  Council  may  think 
best :  and  also  from  time  to  time,  as  may  be  found  neces- 
sary or  expedient,  to  cause  any  part  of  said  wall,  which 
may  appear  to  require  it,  to  be  also  rebuilt,  on  such  limits 
as  shall  be  directed  by  the  lixecutive  of  the  state  ;  in  all 
cases,  as  far  as  practicable,  employing  the  convicts  in  the 
construction  of  the  same ;  and  causing  the  same  to  be  built 
of  the  height  of  twenty  feet  from  the  level  of  the  yard.  And 
his  Excellency  the  Governor,  with  advice  of  Council,  is 
hereby  authorized,  from  time  to  time,  to  draw  his  warrant 
on  the  treasury  of  this  Commonwealth,  for  such  sums  of 
money  as  may  be  necessary  to  carry  this  resolve  into  effect. 


43^    COMMIS.  TO  MAKE  A  ROAD.— June  13,  I8I7. 

CHAP.  XLIV. 

Resolve  authorizing  the  Commissioners  of  the  Land  Office 
to  complete  a  road,  on  a  rout  as  laid  out  by  Charles 
Turner,  Esquire,  from  Penobscot  River  to  the  public 
grants,  on  the  eastern  line,     June  13th,  I8I7. 

Whereas  Charles  Turner,  Junior,  Esquire,  was,  by  a  re- 
solve of  the  twentieth  of  June,  eighteen  hundred  and  seven, 
appointed  and  authorized  to  explore  and  mark  out  a  route, 
in  the  most  direct  course  tlie  land  would  admit,  from  the  Pe- 
nobscot River  to  the  public  grants,  located  on  the  eastern 
line  of  this  Commonwealth  ;  and  in  conformity  to  which  re- 
solve, the  said  Turner  performed  said  service  at  the  public 
expense,  marked  out  the  course  of  said  road,  and  returned 
a  plan  thereof  ;  which  by  a  resolve  of  the  twenty-first  of 
January,  eighteen  hundred  and  eight,  was  sanctioned,  and 
ordered  to  be  deposited  in  the  Land  Office  ;  and  after- 
wards, by  a  resolve  of  the  fourteenth  of  February,  eighteen 
hundred  and  eleven,  ten  townships  of  land  were  surveyed 
on  said  road,  by  Alexander  Greenwood,  Esquire,  at  the 
public  expense,  and  a  plan  thereof  duly  made,  and  return- 
ed into  the  Land  Office  ; 

Resolved,  That  the  Commissioners  of  the  Land  Office 
be,  and  hereby  are  authorized  and  directed  to  cause  said 
road  to  be  opened  and  made,  in  such  a  manner,  as  far,  and 
with  such  alterations,  as  they  shall  judge  necessary,  to  pro- 
mote the  settlement  of  six  townships  thereon.  And  it  is 
further  resolved,  that  the  said  Commissioners  be,  and  they 
hereby  are  directed  to  lay  out,  settle,  and  sell,  six  town- 
ships of  land,  already  surveyed,  or  to  be  surveyed  by  their 
direction,  on  said  road ;  and  two  townships  on  the  road,  to 
he  by  them  opened  through  the  public  lands  in  the  District 
of  Maine,  from  the  north  line  of  ^'  Bingham's  Kennebec 
purchase''  to  the  Canada  line,  agreeably  to  a  resolve  of  the 
eleventh  instant ;  all  of  which  shall  be  in  conformity  to  the 
act  for  promoting  the  sale  and  settlement  of  the  public 
lands  in  the  District  of  Maine.  And  whereas  the  Com- 
monwealth are  seized  of  a  number  of  islands,  many  of 
which,  are  exposed  to  strip  and  waste,  and  none  of  which 
are  increasing  in  value,  therefore. 

Resolved,  That  said  Commissioners  be,  and  they  hereby 
are  authorized  and  directed  to  expose  the  same  for  sale, 


BOSTON  BOARD  OF  HE ALTH.— Jkne  13,  I8I7.    435 

and  give  timely  notice  thereof,  by  public  advertisement,  in 
such  way  and  manner  as  they  shall  judge  most  promotive 
of  the  interest  of  the  Commonwealth  ;  pass  deeds  thereof  to 
the  purchasers,  and  pay  the  proceeds  into  the  public  treas- 
ury ;  having  in  all  instances,  due  regard  to  the  settlers  act- 
ually residing  on  said  islands,  and  reservations  of  any 
particular  fisheries,  that  they  may  deem  of  public  import- 
ance. 

And  he  it  further  resolved,  That  his  Excellency  the  Gov- 
ernor be  requested  to  draw  his  warrants  on  the  Treasurer, 
in  favor  of  said  Commissioners,  from  time  to  time,  for  such 
sums  of  money  as  he,  Avith  advice  of  Council,  shall  judge 
necessary,  to  effect  the  object  of  these  resolves,  and  the 
general  purposes  of  the  act  aforesaid,  not  exceeding  three 
thousand  dollars,  for  which  said  Commissioners  shall  be 
accountable. 

CHAP.  XLV. 

Resolve  on  the  memorial  of  the  Board  of  Health,  of  the 
town  of  Boston,     June  13th,  I8I7. 

On  the  memorial  and  petition  of  the  Board  of  Health,  of 
the  town  of  Boston,  relative  to  certain  repairs  and  improve- 
ments already  made,  and  to  be  made,  on  Rainsford  or  Hos- 
pital Island,  belonging  to  the  Commonwealth  ; 

Resolved,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  this  Commonwealth,  to  the  Board  of  Health  of 
the  town  of  Boston,  the  sum  of  two  hundred  dollars  and 
sixty-four  cents,  the  same  being  the  amount  expended  by 
said  board,  in  repairing  the  sea-wall  on  Rainsford  or  Hos- 
tital  Island,  belonging  to  the  Commonwealth,  over  and 
above  the  sum  heretofore  granted  by  the  General  Court  of 
this  Commonwealth,  for  that  purpose. 

Jlnd  be  it  further  resolved,  That  there  be  allowed  and 
paid  to  said  Board  of  Health,  for  the  purpose  of  building  a 
small  wharf  and  store,  to  receive  damaged  and  infectious 
articles,  and  providing  sundry  lodging  chambers,  suitable 
to'  accommodate  sick  persons,  on  said  island,  the  further 
sum  of  three  thousand  dollars,  out  of  the  treasury  of  this 
Commonwealth ;  and  his  Excellency  the  Governor,  with 
the  consent  of  Council,  is  hereby  requested  to  draw  his 
warrant  on  the  Treasurer  for  the  aforesaid  sums,  accord- 
ingly. 


436    TIMBER  PRESERVED.— JctKe  IJ^,  1817* 

CHAP.  XLVl. 

JResolce  authorizing  the  Commissioners  of  the  Land  Office^ 
to  take  suitable  measures  to  prevent  the  destruction  of 
timber f  in  the  District  of  Maine,  on  the  staters  land. 
June  nth,  I8I7. 

"Whereas  the  public  lands,  in  the  District  of  Maine,  are 
exposed  to,  and  actually  are  trespassed  upon,  to  the  great 
injury  of  the  Commonwealth,  an  evil  example  to  the  citi- 
zens, and  in  a  manner  to  lessen  the  respect  and  security 
for  the  rights  of  private  property,  and  there  is  no  existing 
provision  of  law  for  effectually  preventing  the  same,  or  ob- 
taining a  remedy  therefor,  under  the  direction  and  control 
of  the  Commissioners  of  the  Land  OflBce ; 

Be  it  thertfore  resolved.  That  said  Commissioners  be,  and 
tliey  hereby  are  directed  to  publish  notifications,  in  such 
manner,  and  at  such  places,  as  they  shall  judge  proper, 
forbidding  all  persons  to  cut  and  take  from  the  Common- 
wealth's land,  in  the  District  of  Maine,  any  timber,  of  any 
description  whatever,  without  permission  first  had  and  ob- 
tained from  said  Commissioners  :  And  said  Commission- 
ers are  hereby  authorized  to  appoint  some  suitable  person, 
in  all  such  places  as  they  shall  judgs  the  public  interest 
requires,  to  superintend  and  prevent  the  waste  and  destruc- 
tion of  said  timber,  and  to  collect  the  evidence  of  any  tres- 
pass that  may  be  committed  on  the  public  lands  aforesaid ; 
and  in  all  instances,  where  they  shall  obtain  satisfactory 
proof,  that  timber  found  in  any  situation  within  the  District 
of  Maine,  has  been  cut  on  the  public  lands  aforesaid,  after 
the  passing  of  this  resolve,  to  cause  the  same  to  be  seized^ 
at  any  place  within  the  said  district,  in  the  name  of  the 
Commonwealth,  by  such  persons  as  they  shall  appoint  for 
that  purpose,  and  marked  with  the  letters  S.M.  ;  which 
timber  so  marked,  shall  be  considered  as  in  the  possession 
of  said  Commissioners,  for  the  use  of  the  Commonwealth  : 
and  they  shall,  by  the  Solicitor  General,  County  Attorney, 
or  any  other  Attorney,  where  there  is  no  County  Attorney, 
cause  the  same  to  be  libelled  in  the  Court  of  Common 
Pleas,  for  the  district  within  which,  said  timber  shall  be 
seized,  stating  the  cause  of  seizure,  and  praying  for  a  de- 
cree thereon  in  favor  of  the  Commonwealth  :  And  the  Jus- 
tices of  said  Court;  shall  have  power  to  hear  and  determine 


TREASURER'S  ACCOUNTS.— Joe  14, 1817.     437 

the  cause  by  a  jury,  where  there  is  a  claimant,  but  without 
one,  if,  upon  proclamation  made,  no  claimant  appears;  and 
to  decree  a  disposition  of  all  such  timber  to  the  use  of  the 
Commonwealth,  with  costs  ;  and  to  cause  all  such  proceed- 
ini;s  to  be  had  on  said  process,  as  shall  be  necessary  to  give 
it  full  effect  to  final  judgment  and  execution.  And  if  said 
libel  shall  not  be  supported,  restitution  of  the  property 
shall  be  decreed  to  the  claimants,  without  cost.  And  if 
any  persons  shall  take  any  of  s^id  timlier.  after  the  same  is 
80  marked,  into  his  custody,  f()r  any  other  purpose  thin  fof 
saf*"!  keeping,  or  shall  cut  out,  or  effjice  the  marks  placed 
thereon,  he,  or  they  so  offendin ;,  shall  upon  conviction, 
on  indictment  or  information,  filed  before  any  Court  of  Re- 
cord pnkper  to  try  the  same,  forfeit  and  pay  to  the  use  of 
the  Commonwealth,  the  sum  of  ten  dollars  for  each  log  or 
piece  of  timber,  so  taken  or  defaced.  And  said  Commis- 
sioners may  bring  actions  of  trespass,  in  the  name  of  the 
Comraimwealth,  and  pursue  the  same  to  final  judgment  and 
execution,  against  all  persons  concerned  in  cutting  or  tak- 
ing said  timber,  by  furnishing  cattle,  labor,  implements,  or 
supplies  of  any  kind  ;  and  all  shall  be  considered  as  prin- 
cipals, and  equally  liable  for  damages  and  costs  ;  provided 
alwaySn  that  in  all  cases  where  the  Commissioners  shall 
judge  it  to  be  for  the  interest  of  the  Commonwealth,  they 
miy  commute  with  said  offenders,  and  accept  pecuniary 
satisfaciion,  and  discharge  any  process  by  them  directed. 


CHAP.  XLYII. 

Jlesolve  appointin_s^  Commissioners  to  adjust  the  late  Trea- 
surer's accounts.     June  14th,  I8I7. 

Besolved,  That  the  Honorable  John  Welles  and  Joseph 
Bemis,  E>«quires,  Thomas  Greenleaf,  iVI.  Withington  and  W". 
Tudor, juuior,Esquires,  be  Commissioners  to  examine,  liqui- 
date, adjust,  and  settle,  the  accounts  of  Joiin  T.  Apthorp, 
Esquire,  late  Treasurer  and  Receiver  General  of  this  Com- 
monwealth, from  the  time  of  his  entering  on  the  duties  of  his 
office,  to  the  third  day  of  June  instant,  inclusively  ;  and  the 
said  Commissioners  are  directed  and  empowered,  to  deface 
all  notes  and  due  bills,  orders,  or  other  obligations;  issued 
56 


438  PKT.  J.  FROST.-l^TRESPASS.— Jitne  14,  I8I7. 

under  the  antliority  of  this  Conimonwealth,  by  any  officer 
thereof,  which  have  been  redeemed  by  the  Treasurer,  and 
to  make  a  regular  transfer  of  the  books,  papers,  files, 
money,  security,  obligations,  and  all  otlier  property  now  in 
the  treasury,  to  the  present  Treasurer,  and  report  their 
proceedings  to  the  next  session  of  the  General  Court. 


CHAP.  XLYIII. 

llesolve  on  the  jJeiition  of  Joshua  Frosty  Esquire,  refunding 
him  thirteen  dollars  and  thirteen  cents.     June  14th,  I8I7. 

On  the  petition  of  Joshua  Frost,  Esquire,  of  Springfield, 
in  the  county  of  Hampden,  praying  that  a  bill  of  costs  paid 
by  him,  to  the  Sheriff  of  the  county  of  Hampden,  may  be 
refunded  to  him ; 

Resolved,  For  reasons  set  fortli  in  said  petition,  that  there 
be  allowed  and  paid  out  of  the  treasury  of  this  Common- 
w^ealth,  to  the  said  Joshua  Frost,  the  sum  of  thirteen  dollars 
and  thirteen  cents,  being  the  sum  paid  by  him  as  aforesaid  ; 
and  that  his  Excellency  the  Governor  be  requested  to  draw 
his  warrant  on  the  Treasurer  for  the  same. 


CHAP.  XLIX. 

Resolve  authorizing  Josejih  Lee,  Esquire,  to  carry  into 
effect  a  compromise  made  for  a  trespass  on  the  Common- 
ivealth's  land  near  Saini-Croix.     June  14th,  I8I7. 

The  Committee  to  whom  was  referred  the  representation 
of  Joseph  Lee,  Esquire,  one  of  the  Commissioners  of  East- 
ern Lands,  representing  that  a  trespass,  to  a  large  extent, 
had  taken  place  on  the  Commonwealth's  lands,  by  the  cut- 
ting and  carrying  off  quantities  of  logs  and  timber— -report : 

That  from  the  nature  of  tlie  transaction,  and  as  the 
remedy  was  thought  to  be  without  the  provisions  of  our 
laws,  he  was  induced  to  make  a  compromise,  and  to  take 
security  for  the  payment  on  the  first  of  August  next,  of 
nearly  fourteen  hundred  dollars,  as  an  equivalent  for  said 
trespass. 


CLAIMS  AGAINST  U.  8.-^Jime  14,  I8I7.     439 

Your  Committee  are  of  opinion,  that  the  conduct  of  Jo- 
seph Lee,  Esquire,  was  discreet  and  judicious,  and  deserves 
to  be  ratified  by  the  Legislature.  Your  Committee  are  also 
of  opinion,  that  the  depredations  which  are  represented  in 
this  communication  to  exist,  demand  a  further  provision  by 
law,  that  such  abuses  may  in  future  be  prevented  ;  and  they 
report  the  following  resolve  and  order,  which  are  submitted. 

J.  WELLES. 

Resolved,  That  Joseph  Lee,  Esquire,  be  authorized  to 
carry  into  effect  the  compromise  which  he  has  made,  for  a 
trespass  committed  on  the  Commonwealth's  lands  near  the 
River  Saint-Croix,  in  the  District  of  jVlaine,  in  cutting  and 
taking  therefrom  a  quantity  of  timber,  for  which  trespass, 
said  Lee  has  taken  security  for  the  payment  of  nearly  four- 
teen hundred  dollars,  on  the  first  day  of  August  next ;  and 
that  he  lay  an  account  of  his  doings  therein  before  the 
Governor  and  Council,  for  allowance. 


CHAP.  L. 

Resolve  autJioinzing  the  Governor  to  employ  such  person  or 
persons,  as  he  may  think  necessary,  to  prepare  and  ar- 
range the  claims  of  this  Commonwealth  against  the  U- 
mted  States,     June  14th,  I8I7. 

The  Committee  of  both  Houses,  to  whom  were  referred  so 
much  of  his  Excellency's  speech  as  relates  to  the  claims  of 
this  Commonwealth  against  the  United  States,  and  that 
also  which  relates  to  the  subject  of  arras,  respectfully  report; 

That  pursuant  to  a  resolve  passed  the  third  day  of  De- 
cember last,  his  Excellency  the  Governor,  with  advice  of 
Council,  appointed  three  Commissioners  to  present  the 
claims  of  this  Commonwealth  against  the  United  States, 
for  military  services  rendered,  and  supplies  furnished,  and 
expenses  incurred  during  the  late  war  with  Great  Britain, 
to  the  government  of  the  United  States.  Two  of  the  Com- 
missioners, the  Honorable  James  Lloyd,  and  William  H, 
Sumner,  Esquire,  repaired  to  the  seat  of  government  of  the 
United  States,  as  soon  as  the  proper  documents  could  be 
prepared  ;  and  made  application  to  the  War  l}ej)artment, 
and  endeavored  to  procure  an  examination  and  adjustment 
of  the  claims.  With  the  exception  of  a  few  charges  which 
were  allowed,  and  upon  which  the  sum  of  eleven  thousand 


446     CLAIMS  AGAINST  U.  S.—Juwe  14,  1817. 

dollars  were  advanced,  and  is  now  in  the  treasury  of  this 
Comraonwealtb,  these  claims  were  considered  l»y  the  Ex- 
ecutive, not  to  be  within  the  provisions  of  any  existing  law, 
and  were  not  examined.  At  a  late  period  of  the  session  of 
Congress,  •'  A  bill  to  authorize  the  settlement  and  pay* 
Bient  of  certain  claims  for  tbe  service  of  the  militia,*'  which 
would  have  extended  to  an  examination  of  these  claims, 
was  read  twice,  and  was  lost  on  the  third  reading,  as  was 
understood,  for  want  (tf  time  duly  to  consider  the  subject. 
The  Commissioners  then  left  in  the  Department  of  W  ar, 
an  abstract  of  the  account  of  expenditures,  incurred  by 
Massachusetts,  in  the  general  defence,  as  evidence  of  our 
claims. 

Your  Committee  have  noticed,  with  great  satisfaction, 
the  discretion  and  ability  with  which  the  Commissioners 
conducted  the  important  business  entrusted  to  them,  and 
the  assistance  they  received  from  the  Senators  and  Repre- 
sentatives of  this  Commonwealth. 

In  the  opinion  of  the  Conim.itfee.  it  is  expedient  to  re- 
quest the  Senators  and  Representatives  in  Congress,  to 
endeavor  to  procure  the  allowance  and  payment  of  these 
claims,  at  the  approaching  session  of  Corgress  ;  and  ycmr 
Committee  recommend  the  appropriation  of  these  claims  to- 
wards tlie  payment  of  the  war  debt  of  the  Commonwealth. 

In  considering  the  subject  of  arms,  the  Committee  have 
learned,  that  the  Commissioners,  while  at  Washington, 
proposed  to  the  War  Department,  that  Massachusetts 
should  retain,  from  the  arms  purchased  by  her  during  the 
war,  the  number  due  from  the  United  States,  under  a  law 
passed  by  Congress,  April  twenty-tliird,  eighteen  hundred 
and  eight,  and  should  receive  an  allowance  for  the  same 
in  money  ;  which  proposition  was  accepted  :  and  the  Com- 
mittee think  it  expedient  to  authorize  his  Excellency  the 
Governor  to  confirm  such  an  arrangement. 

Vour  Committee,  therefore,  recommend  the  following  re- 
solves, which  are  respectfully  submitted. 

xMAKK  LANGDON   HILL,  Chairman, 

Mesolved.  That  the  Senators  of  this  Commonwealth  in 
Congress,  be  instructed,  and  the  Representatives  request- 
ed, to  make  such  application  to  the  government  of  the  Uni- 
ted States  as  they  may  deem  expedient,  for  the  purpose  of 
procuring  an  adjustment  of  the  claims  aforpsaid,  and  all 
accounts  connected  therewith,  and  payment  of  the  balance 


PET.  OF  LORING  WHEELER.— Jn/ie  16,  I8I7.  441 

due  thereon,  to  this  Comrnonwealth  ;  and  to  endeavor  to 
procure  such  provi«.ion  to  be  made  by  law.  as  they  may 
think  necessary  for  this  purpose.  And  his  Excellency  the 
Governor  is  hereby  requested,  to  cause  to  be  delivered  to 
the  Honorable  James  Lloyd,  one  (f  the  Kepresentaiives 
froui  this  C(»mmouwealih,  such  documents  and  papers,  as 
BIOS  be  necessary  to  «upport  the  claims  aforesaid,  for  the 
use  of  the  Senators  and  Representatives  aforesaid. 

Resolved.  That  his  Excellency  the  Governor  be,  and  he 
hereby  is  authorized  and  requested,  to  employ  any  persoa 
or  jiersons  (if  he  shall  think  nece-siirN)  to  prepare  and  ar- 
range the  claims  aforesaid,  and  the  evidence  and  documents 
beion^in.2;  to  the  same. 

Hesol'cedn  That  the  sum  of  eleven  thousand  dollars  al- 
ready received,  and  the  money  that  may  hereafter  be  recei- 
ved iVom  the  g(»vernment  of  the  United  States,  on  account 
of  the  claims  aforesaid,  be  a|)propriated  to  the  payment  of 
the  war  debt,  or  loans  made  to  defray  expenses  incurred 
by  the  Commonwealth,  during  the  late  war ;  and  the 
Treasurer  of  this  Commonwealth  be.  and  he  hereby  is  au- 
thorized and  directed,  to  apjdy  the  same  towards  the  pay- 
ment of  the  said  debt,  until  the  same  shall  be  fully  dis- 
charged and  extingnished. 

Hesdved.  That  his  Excellency  the  Governor,  with  advice 
of  (^ouncil  be,  and  he  is  hereby  authorized,  to  make  such 
commutation  and  arrangement  with  the  Supreme  Executive 
of  the  United  States,  on  the  subject  for  the  balance  of 
arms  due  this  Commonwealth,  and  to  receive  the  same  in 
arms,  or  by  an  equivalent  in  money,  as  in  his  opinion,  the 
interest  of  the  Commonwealth  may  require. 


CHAP.  LL 

Resolve  grantin_s;  Loring  Wheelpr.  a  wounded  soldier,  s/.v- 
ty  dollars.     June  l6th,  I8I7. 

On  the  petition  of  Loring  Wheeler,  of  Sudbury; 

Resolved,  That  tliere  be  allowed  and  paid  out  of  the 
treasury  of  this  Commonwealth,  unto  Loring  Wheeler,  of 
Sudbury,  the  sum  of  sixty  dollars,  in  full  for  money  ex- 
pended and  time  lost,  in  consequence  of  his  receiving  a 
vound  in  his  right  hand,  at  a  regimental  muster,  or  the 
ninth  day  of  October  last. 


44S  ASSESSORS  S.  BERWICK.— Jane  16.  1817. 


CHAP.  LII. 

Resolve  making  valid  the  doings  of  the  Assessors  of  the 
first  jjarish  in  South  Berwick^  for  the  years  eighteen 
hundred  fifteen  and  eighteen  hundred  sixteen.  June 
I6th,  1817. 

On  the  petition  of  Northend  Cogswell,  William  Higlit, 
and  Andrew  Goodwin,  Assessors  of  the  first  parish  of 
South  Berwick,  in  the  county  of  York,  praying  that  their 
doings,  in  assessing  taxes  on  the  inhabitants  of  said  parish, 
for  the  years  eighteen  hundred  fifteen  and  eighteen  hundred 
sixteen,  may  be  confirmed  and  made  valid ;  the  said  As- 
sessors not  being  provided  with  the  tax  act,  at  the  time  of 
assessing  the  same,  and  in  consequence,  having  varied 
therefrom  in  some  measure,  particularly  as  it  respects  the 
tax  on  the  polls,  which  in  some  small  degree  exceeds  one 
sixth  part  of  the  money  assessed  ; 

Resolved^  For  reasons  set  forth  in  said  petition,  that  the 
doings  of  the  Assessors  of  said  first  parish  of  South  Ber- 
wick, in  assessing  said  taxes  upon  the  polls  and  estates  of 
the  inhabitants  of  said  first  parish,  for  the  years  eighteen 
hundred  fifteen  and  eighteen  hundred  sixteen,  be,  and  are 
hereby  ratified  and  confirmed,  and  rendered  firm  and  valid, 
as  though  said  Assessors  had  proceeded  according  to  law, 
and  pursued,  in  every  respect,  the  tax  acts  of  those  years. 


CHAP.  LIII. 

Resolve  granting  to  Sylvanus  Plympton,  Esquire,  forty- 
six  dollars,  for  travel  and  attendance  as  a  Member  of  the 
Court,  for  the  town  of  Wohurn.     June  l6th,  I8I7. 

Resolved,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  this  Commonwealth,  to  Sylvanus  Plympton, 
Esquire,  of  Woburn,  in  the  county  of  Middlesex,  forty- 
four  dollars,  for  twenty-two  days  attendance  in  the  House 
of  Representatives,  as  a  Member  thereof  from  the  said  town 
of  Woburn,  during  tlie  last  session  of  the  Legislature  ;  and 
two  dollars  for  travel,  the  same  having  been  omitted  in 
i^iaking  up  the  pay  roll. 


M.HEYVVOOD.— J.  RICHARDS.— JitKe  16, 181?.  443 


CHAP.  LIV 

Resolve  authorizing  Mehitahle  Heyicood,  as  Guardian  to 

her  SOU}  to  sell  his  estate,  being  nan  coinjws  mentis, 

June  IGth,   1817. 

On  the  petition  of  Mehitable  Heywood,  of  Worcester, 
in  the  county  of  Worcester,  parent  and  Guardian  of  Joseph 
Heywood,  her  son,  nan  compos  mentis,  praying  that  she 
the  said  Mehitable,  may  be  licensed  to  sell  the  real  estate 
of  said  Joseph ; 

Resolved,  For  reasons  set  forth  in  said  petition,  that 
said  Mehitable,  parent  and  Guardian  aforesaid,  be  and 
hereby  is  authorized  to  sell  said  estate  at  private  sale  for 
the  most  it  will  bring,  and  to  make  and  execute  a  good  and 
sufficient  deed  or  deeds  of  the  same ;  she  the  said  Mehi- 
table first  giving  bonds,  with  sufficient  surety  or  sureties, 
to  the  Judge  of  Probate  for  the  cfmnty  of  W^orcester,  in 
such  sum,  as  said  Judge  shall  direct,  conditioned  that  she 
will  act  faithfully  and  impartially,  in  all  things  touching 
the  same,  and  will  account  for  tlie  proceeds  of  the  sale 
thereof,  as  the  law  in  such  cases  provides. 


CHAP.  LV. 

Resolve  authorizing  John  Richards  to  export  kegs  and 
firkins  of  lard.     June  l6th,  I8I7. 

On  the  petition  of  John  Richards,  Esquire,  praying  for 
leave  to  export  from  this  Commonwealth,  three  hundred 
and  fifty  firkins,  and  one  hundred  and  thirty  kegs  of  lard, 
which  he  imported  into  this  Commonwealth,  for  the  pur- 
pose of  re-shipping  the  same  to  the  Island  of  Cuba,  under 
the  belief  that  he  might  lawfully  do  so  in  the  same  casks 
in  which  it  was  imported  ;  Therefore, 

Resolved,  For  the  reasons  set  forth  in  said  petition,  that 
the  said  John  Richards  be,  and  he  hereby  is  fully  authoriz- 
ed and  empowered  to  export  the  said  lard  from  this  Com- 
monwealth to  any  foreign  port  or  place,  according  to  the 
laws  of  the  United  States,  without  inspection;  any  law  of 
this  Commonwealth  to  the  contrary  notwithstanding. 


444    ALMS  HOUSES— PAUPERS.-^Jiine  16,  181^ 


CHAP.  LVI. 

Hesolve  authorizing  Alford  Richardson^  Esquire,  and 
Honorable  Oiive>  t  rosby  to  visit  sundry  alms  houses^  and 
report  at  the  next  session.     June  17th,   I8I7. 

Rf solved,  That  Alford  Richardson,  Esquire,  be  a  Com- 
inittee  for  the  purpose  of  visitius;  the  alms  houses  and  pau- 
pers in  the  towns  of  Charlestown,  C^»mbritli;e,  Salem, 
Lynn,  Gloucester,  Ne\v])ury,  Nevvburyport,  Portland.  Ips- 
wich, Koxbury,  Marblehead  and  Danvers,  immediately 
preceding  the  next  session  of  this  General  Court,  and  ex- 
amine the  paupers  charged  by  those  towns  respectively,  to 
the  Commonwealth,  and  make  leport  thereon,  at  the  said 
next  session  of  tliis  General  Court. 

Resolved,  That  the  Honorable  Oliver  Crosby  be  a  Com- 
mittee for  the  purpose  of  examining  the  paupers,  in  the 
town  of  Worcester,  immediately  precetling  the  next  session 
of  this  General  Court ;  and  examine  the  paupers,  charged 
by  that  town  to  the  Commonw'ealth.  and  make  report  there- 
on, at  the  said  next  session  of  this  General  Court. 

CHAP.  LVII. 

"Resolve  authorizing  Samuel  Thaxter  and  others,  as 
Guardians,  to  sell  the  estate  of  Elizaheth  H.  Wild, 
Maria  H.  Thayer,  and  Charles  IV,  'ihayer,  minors. 
June  l6th,  I8I7. 

On  the  petition  of  Samuel  Thaxter  and  Robert  H. 
Thayer,  Guardians  of  Elizabeth  H.  ^^  ild,  Maria  H. 
Thayer,  and  Cliarles  W.  Thayer,  minors,  praying  that 
they,  the  said  Guardians,  may  be  authorized  to  sell  at  priv- 
ate sale,  the  estate  of  tlie  said  minors,  being  three  undiv- 
ided sevenths  of  an  undivided  seventh  part  of  a  certain 
piece  of  land  situate  in  Congress-street,  in  Boston,  and 
adjoining  the  Exchange  Coffee  House,  of  which  the  said 
minors  are  possessed  as  heirs  of  the  late  Amasa  Thayer, 
of  said  Boston,  deceased  ; 

Resolved,  For  reasons  set  forth  in  said  petition,  that  the 
said  Samu^^l  and  Robert  be,  and  they  hereby  are  author- 
ized and  empowered  to  sell  the  said  estate  of  said  minors 


ICHABOD  BICKFORD.—jruTze  16,  1817.      445 

at  private  sale,  and  to  make  to  the  purchaser  or  purchasers, 
a  good  and  sufficient  deed  or  deeds  thereof;  provided^  the 
said  llobert  and  Samuel  can  obtain  therefor  a  price  pro- 
portionally equal  to  the  price  given  by  the  proprietors  of 
the  Exchange  CoflFee  House,  for  the  remaining  part  of  said 
land;  and  provided  also,  that  the  said  Robert  and  Samuel 
first  give  bonds  to  the  Judge  of  Probate  of  the  county  of 
Suffolk,  with  sufficient  sureties,  to  account  for  the  proceeds 
of  the  sale,  according  to  law. 


CHAP.  LVIIl. 

Resolve  granting  to  Ichabod  Bicl^ford,  thirty-three  dollars 
and  fifty  cents,  for  the  use  of  several  persons^  home  on 
his  company^ s  roll,     June  l6th,  1817. 

On  the  petition  of  Ichabod  Bickford  and  others,  praying 
that  they  may  be  paid  for  services  rendered  by  them,  du- 
ring the  late  war ; 

Resolved,  That  the  sum  of  thirty-three  dollars  and  fifty 
cents,  be  allowed  and  paid  out  of  the  treasury  of  this  Com- 
monwealth, to  Ichabod  Bickford,  for  the  use  of  several 
persons,  whose  names  are  borne  on  his  company  roll,  in  the 
several  proportions  due  to  each,  for  services  rendered  by 
them,  during  the  late  war  :  Provided,  that  the  said  Bick- 
ford shall  give  duplicate  receipts  therefor,  one  of  which, 
together  with  the  inspection,  muster,  and  pay  rolls  of  said 
company,  shall  be  filed  with  the  vouchers  to  support  the 
claim  of  this  Commonwealth  against  the  United  States,  for 
expenses  incurred  by  the  state  during  the  late  war.  And 
^provided  also,  that  the  said  Bickford  shall  certify  that  the 
muster  and  pay  rolls  aforesaid,  are  true  and  correct,  and 
that  the  several  persons,  whose  names  are  borne  on  the  pay 
roll  aforesaid,  were  on  duty  and  performed  the  services 
therein  stated,  and  for  which  this  allowance  is  made. 

Be  it  further  resolved.  That  whenever  the  provisions 
afore.-'aid,  ^re  complied  with  by  the  said  Bickford,  that  his 
Excellency  the  Governor  be  requested  to  draw  his  warrant 
in  his  favor,  for  the  sum  of  thirty-three  dollars  and  fifty 
cents. 

57 


446     W.  HOMES.— S.  P.  COMMIS.— Jttwe  10,  1817. 


CHAP.  LIX. 

Resolve  authorizing  William  Homes  and  oiliers,  proprie- 

tors  of  the  Conduit  Corporation,  to  sell  real  estate. 

June  16th,  1817. 

Upon  the  petition  of  William  Homes  and  others,  a  Com- 
mittee of  the  proprietors  of  the  Conduit  Corporation,  in 
Boston,  praying  that  he  may  be  authorized  and  empowered 
to  make  sale  of  the  real  estate  of  said  corporation  ; 

Resolved,  That  the  said  Committee,  or  a  major  part  of 
them,  be,  and  they  are  hereby  authorized  and  empowered, 
to  sell  and  dispose  of  the  real  estate  of  said  corporation, 
at  such  time,  and  in  such  manner,  as  shall  be  deemed  ex- 
pedient ;  and  to  make  and  execute  to  the  purchaser  or  pur- 
chasers thereof,  a  good  and  sufficient  deed  or  deeds  of 
conveyance  for  the  same,  which  being  acknowledged  before 
a  Justice  of  the  Peace,  and  recorded  in  the  Registry  of 
Heeds,  for  the  county  wherein  the  land  lies,  shall  be  good 
and  sufficient  to  pass  to  the  purchaser  or  purchasers,  his  or 
their  heirs  or  assigns  forever,  all  the  right,  title,  interest, 
and  estate,  which  the  said  corporation  have  in,  and  to  the 
same. 

Resolved,  That  the  said  Committee,  or  a  major  part  of 
them,  or  the  Wardens  of  said  corporation,  shall  divide  the 
proceeds  of  said  sale,  as  soon  as  may  be,  unto  and  among 
all  the  said  proprietors,  according  to  their  several  and  re- 
spective shares  therein. 


CHAP.  LX. 

Resolve  making  compensation  to  the  State  Prison  Commis- 
sioners.   June  17th,  I817. 

Resolved,  That  there  be  allowed  and  paid  out  of  the 
public  treasury,  in  full  for  compensation  and  expenses,  to 
the  Commissioners,  appointed  under  a  resolve  of  the  thir- 
teenth of  December  last,  on  the  subject  of  the  State  Prison, 
as  foUoAVs  : 

To  the  Honourable  Richard  Sullivan,  two  hundred  and 
sixty-four  dollars. 


J.  KUHN.— W.  W.  CLEAVES.— June  17,  1817.    447 

To  William  Tudor,  Junior,  Esquire,  two  hundred  and 
ninety-four  dollars. 

To  James  T.  Austin,  Esquire,  eighty  dollars  :  And  his 
Excellency  the  Governor,  with  advice  of  Council,  is  hereby 
authorized  to  draw  his  warrants  accordingly. 


CHAP.  LXI. 

Kesolve  malcing  a  grant  to  Jacob  Kiihn,  in  addition  to  his 
established  pay.     June  17,  I8I7. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  pub- 
lic treasury,  to  Jacob  Kuhn,  three  hundred  and  fifty  dol- 
lars, for  the  present  year,  commencing  the  thirtieth  day  of 
May  last,  to  be  in  addition  to  the  sum  of  four  hundred  dol- 
lars allowed  him  by  a  resolve  of  March  twenty-sixth, 
seventeen  hundred  and  ninety-three,  establishing  the  pay 
of  the  Messenger  of  the  General  Court ;  and  his  Excellen- 
cy the  Governor  is  requested  to  draw  his  warrant  for  the 
same. 


CHAP.   LXII. 

llesolve  granting  to  William  W.  Cleaves  seventy-five 
founds  of  powder,  in  lieu  of  that  quantity  expended 
by  him.     June  17?  I8I7. 

On  the  petition  of  William  W.  Cleaves,  setting  fortli, 
that  as  Commander  of  the  artillery  company  attached  to  the 
second  brigade  of  the  sixth  division  of  militia  of  this 
Commonwealth,  he  expended  seventy-five  pounds  of  pow- 
der, at  the  interment  of  the  Honorable  Cyrus  King,  being 
the  Major  General  of  said  division  ; 

Resolved,  For  the  reasons  set  forth  in  said  petition,  that 
the  Quarter-Master  General  furnish  to  said  William  W. 
Cleaves,  seventy-five  pounds  of  powder,  for  th«  use  of  said 
artillery  company. 


448    J.   KUHX.~E.  H.   ROBBINS. —June   47,  I8I7. 


CHAP.  LXin. 

Resolve  granting  to  Jacob  Kuhn,  Messenger  of  the  General 
Court,  one  thousand  dollars,  for  the  purchase  of  fuel,  §*c. 
for  the  Government.     Jane  I7,  1817. 

Resolved,  That  there  be  paid  out  of  the  treasury  of  this 
Commonwealth,  to  Jacob  K.uhu.  Alessensrer  of  the  General 
Court,  the  sum  of  one  thousand  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  Gover- 
nor and  Council  Chamber,  the  Secretary's,  Treasurers, 
Adjutant  General's,  and  Quarter-Master  General's  Offices, 
and  also  the  Land  Office,  he  to  be  accountable  for  the  ex- 
penditure of  the  same. 


CHAP.  Lxrv^ 

Ilesolve  granting  Honorable  Edward  U.  Bobbins  three 
hundred  dollars.     June  17th,  I8I7. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  pub- 
lic treasury,  to  the  Honorable  Edward  H.  Robbins,  on  ac- 
count of  services  rendered,  and  to  be  rendered  in  his  office, 
as  Agent,  or  Commissioner  for  Eastern  Lands,  three  hun- 
dred dollars,  to  be  accounted  for  by  him  on  settlement  of 
bis  accounts,  witliin  twelve  months  from  passing  this  re- 
solve ;  and  his  Excellency  the  Governor,  with  advice  of 
Council,  is  authorized  to  draw  his  warrant  accordingly. 


CHAP.  LXV. 

Resolve  for  the  Commissioners  of  the  Land  Office  to  take 
possession  of  the  north  east  room  in  the  State  House. 
Jane  17th,  I8I7. 

Resolved,  That  the  Commissioners  of  the  Land  Office  be, 
and  they  are  hereby  authorized,  to  take  possession  of  the 
north   east  room  on  the  lower  floor   of  the  State  House, 


LAND  OFFICE.— SALARIES.— June  17,  1817.    ^9 

and  to  remove  the  books  and  documents  belonging  to  that 
department  to  said  room,  and  to  occupy  and  improve  the 
same  in  future,  for  the  business  of  the  Land  Office  :  and  the 
Messenger  of  the  General  Court  is  hereby  authorized  to 
provide  sucli  desks,  shelves  and  cases,  as  said  Commission- 
ers shall  direct,  as  necessarv  for  the  safety  and  convenience 
of  the  business  of  said  department. 

Be  it  further  resolved.  That  the  books,  trunks  and  pa- 
pers relating  to  the  claim  of  this  Commonwealth,  against 
the  United  States,  for  expenses  incurred  during  the  late 
war,  for  the  public  defence,  and  which  now  are  in  the  room 
aforesaid,  be  removed  to  the  Adjutant  General's  Office,  and 
be  placed  under  his  care. 


CHAP.  LXYI. 

Jlesolve  for  the  compensation  of  the  Lieutenant  Governor. 
Secretary,  Treasurer^  ClerkSj  ^'c.     June  17th,  I8I7, 

Resolved,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  this  Commonwealth,  to  his  Honor  the  Lieutenant 
Governor,  the  sum  of  five  hundred  and  thirty-three  dollars 
and  thirtv. three  cents,  in  full  for  his  salarv  for  one  year, 
from  the  thirty-first  day  of  May  last  past. 

Also  to  Alden  Bradford,  Esquire,  Secretary  of  this  Com- 
monwealth, the  sum  of  two  thousand  dollars,  for  his  salary 
for  one  year,  from  the  sixth  dav  of  June  instant,  he  the 
said  Secretary,  to  be  accountable  for  all  the  fees  of  office  he 
shall  have  received. 

And  likewise  to  the  Honorable  Daniel  Sargent,  Trea- 
surer and  Receiver  General  of  said  Commonwealth,  the  sum 
of  two  thousand  dollars  for  hi<  salary  for  one  year,  from 
the  sixth  day  of  June  current :  and  that  all  the  aforesaid 
salaries  be  paid  quarterly,  as  they  shall  become  due. 

Also  that  there  be  allowed  and  paid  out  of  the  public 
treasury,  to  Samuel  F.  McClearv.  Clerk  of  the  Senate 
and  to  Benjamin  Pollard,  Clerk  of  the  House  of  Represen- 
tatives, the  sum  of  two  hundred  dollars  each :  and  to  Jere- 
miah Perley.  Assistant  Clerk  of  the  Senate,  the  sum  of  one 
hundred  and  twenty. five  dollars:  and  to  Thomas  Walcutt. 
a  Clerk  in  the  lobbies,  for  the  assistance  of  the  Members  of 


450     LABORATORY  WALL,  &c.— J?nic  ir,  I8I7. 

the  Legislature,  the  sum  of  one  hundred  dollars  in  full,  for 
their  respective  services  in  their  capacities  aforesaid,  the 
present  session  of  the  General  Court. 

Also  to  Ward  Lock,  Assistant  to  the  Messenger  of  the 
Governor  and  Council,  two  dollars  and  fifty  cents  for  each 
day  he  may  have  been  employed  the  present  session  of  the 
Council. 

Also  to  Isaac  Adams,  the  sum  of  two  dollars  and  fifty 
cents  for  each  day  he  has  been  employed  as  an  Assistant 
to  the  Messenger  of  the  honorable  Council. 

Also  to  the  First  Clerk  in  the  Secretary's  Office ;  also  to 
the  First  Clerk  in  the  Treasury  Office  ;  also  to  the  First 
Clerk  in  the  Adjutant  General's  Office,  fourteen  hundred 
dollars  each,  in  full  compensation  for  iheir  services  for  one 
year  from  the  first  day  of  tliis  current  month  of  June  ;  and 
likewise  to  each  of  the  other  Clerks,  in  said  Secretary's, 
Treasurer's,  and  Adjutant  General's  Office;  and  also  to 
the  Clerk  in  the  Office  of  the  Quarter- Master  General, 
three  dollars  and  eighty-four  cents  per  day,  for  each  and 
every  day  they  are  respectively  employed  therein,  for  one 
year,  commencing  the  said  first  day  of  June  current. 

Also,  that  there  be  allowed  and  paid  out  of  the  treasury, 
to  the  Committee  on  Accounts,  for  the  present  session,  one 
dollar  per  day  each,  over  and  above  their  pay  as  members, 
to  wit :  to  the 

Hon.  Oliver  Crosby,  sixteen  days,  sixteen  dollars. 

Samuel  Porter,  twenty-one  days,  twenty-one  dollars. 
Thomas  Hale,  seventeen  days,  seventeen  dollars. 
Alford  Richardson,  twenty-one  days,  twenty-one  dollars. 
Hugo  Burghart,  twenty-one  days,  twenty-one  dollars. 


CHAP.  Lxvn. 

llesolve  emjJoirering  the  Quarter- Master  General  to  build 
a  brick  wall  to  enclose  the  Laboratory,  and  to  sell  or  ea'- 
change  condemned  cannon.     June  17th,  I8I7. 

Jlesolved,  That  the  Quarter-Master  General  be,  and  he 
hereby  is  authorized  and  directed,  to  build  a  brick  wall, 
on  a  suitable  stone  foundation,  of  proper  height,  to  enclose 
the  Laboratory  Yard,  fronting  on  Pleasant-street,  in  Boston; 
and  also  a  brick  wall  upon  the  back  line  of  said  Laborato- 


COMPENSATION  TO  COM.— June  i7,  I8I7.    451 

ry  Yard  ;  provided,  the  expense  of  the  same  shall  not  ex- 
ceed two  thousand  dollars. 

Be  it  further  resolved,  That  his  Excellency  the  Gover- 
nor be,  and  he  hereby  is  authorized  and  eupowered,  by 
and  with  the  advice  and  consent  of  the  Council,  to  draw  his 
warrant  on  the  Treasurer  of  this  Commonwealth,  in  favor 
of  the  Quarter- Master  General,  for  any  sum  that  may  be 
necessary  to  carry  the  above  resolve  into  effect,  not  exceed- 
ing two  thousand  dollars. 

Be  it  further  resolved.  That  the  Quarter-Master  General 
be,  and  he  hereby  is  authorized  and  empowered,  under  the 
direction  of  his  Excellency  the  Governor,  to  exchange  any 
condemned  cannon,  mortars,  shot,  or  shells,  in  the  arsenals 
of  this  Commonwealth,  for  such  brass  or  other  artillery 
pieces,  or  for  such  pieces  of  heavy  ordnance  as  he  may 
deem  expedient:  or  to  sell  the  same  cannon,  mortars,  shot, 
and  shells,  and  to  appropriate  the  proceeds  of  the  same  for 
the  purchase  of  such  brass  pieces,  or  other  ordnance,  as  he 
may  deem  it  expedient  to  procure. 

And  be  it  further  resolved,  That  his  Excellency  the 
Governor,  with  the  advice  of  Council,  be,  and  he  is  hereby 
authorized,  v/henever  an  opportunity  shall  present,  to  sell 
the  forty  twenty-four  pound  cannon  which  were  purchased 
during  the  late  war,  or  any  part  of  the  same  ;  provided,  that 
the  same  be  not  sold  for  a  less  sum  than  was  paid  for  the 
same,  by  this  Commonwealth. 


CHAP.  LXYin. 

Resolve  alloicing  compensation  to  Agents,  who  presented 

the  claims  of  this  state  to  the  United  States. 

June  17th,  I8I7. 

Resolved,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  this  Commonwealth,  to  William  H.  Sumner, 
Esquire,  the  sum  of  one  hundred  and  eighty-three  dollars 
and  twelve  cents,  being  the  amount  paid  by  him  for  Clerk 
hire,  and  for  other  necessary  expenses,  incurred  while  at 
Washington,  by  the  Commissioners  of  the  Commonwealth, 
who  were  appointed  to  present  the  claims  of  tliis  Common- 
wealth for  expenses  incurred  during  the  late  war,  to  the 
government  of  the  United  States,  for  allowance. 


45a        PET.  OF  E.  MUDGE.—Juwe  18,  I8I7. 

And  he  it  farther  resolved,  That  there  be  allowed  and 
paid  to  the  Honorable  James  Lloyd,  for  his  services,  in 
preparing,  presenting,  and  prosecuting  the  claim  aforesaid, 
according  to  the  provisions  of  a  resolve  passed  the  third 
day  of  December  last,  the  sum  of  four  hundred  and  seventy- 
four  dollars,  deducting  therefrom,  the  sum  of  three  hundred 
and  forty-four  dollars  and  twenty-eight  cents,  received  by 
him.  To  William  H.  Sumner,  Esquire,  the  sum  of  seven 
hundred  and  eight  dollars,  deducting  therefrom,  the  sum 
of  six  hundred  dollars,  received  by  him,  for  the  same  ac» 
count.  To  Joseph  H.  Peirce,  the  sum  of  three  hundred 
and  fifty-four  dollars  and  seventy-one  cents,  for  the  same 
account,  and  for  expenses  paid  by  him ;  deducting  there- 
from, the  sum  of  one  hundred  dollars,  received  by  him  ; 
and  that  his  Excellency  the  Governor,  be  requested  to  draw 
his  warrants  on  the  Treasurer  accordingly,  in  favor  of  the 
said  James  Lloyd,  for  the  sum  of  one  hundred  and  twenty- 
nine  dollars  and  seventy-two  cents ;  of  the  said  William 
H.  Sumner,  for  the  sum  of  two  hundred  and  ninety-one 
dollars  and  twelve  cents  ;  and  of  the  said  Joseph  H.  Peirce, 
for  the  sum  of  two  hundred  and  fifty-four  dollars  and  sev- 
enty-one cents. 


CHAP.  LXIX. 

Uesolve  granting  Enocli  Mudge  ten  dollars, 
June  18th,  I8I7. 

On  the  petition  of  Enoch  Mudge,  of  Orriugton,  in  the 
county  of  Penobscot ; 

Resolved,  That  there  be  allowed  and  paid  out  of  the 
public  treasury,  to  said  Enoch  Mud^e,  ten  dollars,  in  full 
compensation  for  his  services  as  one  of  the  Agents  appoint- 
ed by  a  resolve  of  the  General  Court,  of  the  twenty -ninth 
of  February,  eighteen  hundred  and  twelve,  to  survey  and 
make  such  alterations  in  the  county  road  from  the  easterly 
line  of  township  ISI  umber  Four,  first  range,  north  of  the 
Waldo  Patent,  to  the  westerly  line  of  the  town  of  Hampden. 


ROLL,  No.  77......June,  1817. 


THE  Committee  on  Accounts,  liaving  examined 
the  several  accounts,  they  now  present, 

REPORT,  that  there  is  now  due  to  the  Corpora- 
tions and  persons  hereafter  mentioned,  the  sums  set 
to  their  names  respectively,  which,  when  allowed 
and  paid,  will  be  in  full  discharge  of  the  said  ac- 
counts, to  the  several  dates  therein  mentioned ; 
which  is  respectfully  submitted. 

SAMUEL  PORTER,  Per  Order. 

PAUPER  ACCOUNTS. 

Town  of  Arundel,  for  board  and  clothing  Henry 

Rolf,  to  36th  May,  1817,  43  4S 

Adams,  for  board  and  clothing  sundry  paupers, 

to  23d  May,  1817,  173  70 

Augusta,  for  board  and  doctoring  sundry  paupers, 

to  14th  May,  1817,  84  70 

Brimfield,  for  board,  clothing,  doctoring  and  nurs- 
ing John  Chrisiain,  to  1st  June,  1817,  110  84 

Belchertown,  for  board  and  clothing  sundry  pau- 
pers, to  33d  May,  1817,  89  09 

Blandford,  for  board  and  clothing    sundry  pau- 
pers, to  8th  May,  1817,  303  83 

Bradford,  for  board  and  clothing  Joshua  L.  Al- 

sears,  to  1st  January,  I8I7,  65  00 

Burlington,  for  support   and   doctoring  Dorothy 

Lyuham,  to  4th  June,  1817,  33  75 

Brookfield,   for  support  of  Jonas  Benton,  to  3d 

May,  1817,  64  63 

98 


454  '     PAUPER  ACCOUNTS. 

Beverly,  for  board  and  clothing  sundry  paupers, 

to  1st  June,  1817,  347  39 

Boxborough,  for  board  and  clothing  John  McCoy, 

to  22(\  May,  1817,  67  20 

Barre,  for  board,  clothing  and  doctoring  Samuel 

Lee  and  Sally  Taylor,  to  17th  May,  1817,  43  05 

Bristol,  for  board  and  clothing  William  Howe,  to 
SOth  May,  I8I7,  and  Samuel  Hill,  to  17th 
May,  I8I7,  130  20 

Bridgewater,  for  board  and  clothing  sundry  pau- 

pei's,  to  5th  June,  I8I7,  112  80 

Belgrade,  for  board,  nursing  and  doctoring  Abi- 
gail Odlin,  to  29th  May,  1817,  42  10 

Bradford,  Samuel,  Keeper  of  the  gaol  in  the  coun- 
ty of  Suffolk,  for  support  of  sundry  poor  prison- 
ers confined  for  debt,  to  1st  May,  I8I7,  510  64 

Board  of  Health,  Boston,  for  support  and  tloctor- 
ing  sundry  paupers  with  the  small  pox,  at 
Rainsford  Island,  to  4th  June,  I8I7,  100  14 

Boston,  for  board  and  clothing  sundry  paupers, 

to  1st  June,  I8I7,  9495  54 

Baldwin,  for  board  and  clothing  Daniel  Mickey, 

to  1st  May,  I8I7,  19  00 

Billeriea,   for  supplies  to  James  Ingalls,  to  5th 

May,  1817,  21  43 

Chelmsford,  for  board,  clothing,  and  nursing 
Catharine  McClenny,  Charles  and  Kliza  Good- 
ridge,  to  11th  December,  181 6,  114  50 

Cheshire,  for  board,  clothing,  doctoring,  and  sup- 
plies to  sundry  paupers,  to  23d  May,  1817,  2^7  70 

Conway,  for  board  and  clothing  Hannah  M'Neil, 

to  28d  May,  1817,  56  80 

Concord,  for  board  and  clothing  sundry  paupers, 

to  1st  June,  I8I7,  177  ^3 

Chesterfield,  for  board  and  clothing  Adam  Hamil- 
ton and  Rachel  Policy,  to  18th  May,  1817,  64  38 

Chester,  for  board,  clothing,  doctoring  and  nurs- 
ing sundry  paupers,  to  26th  May,  1817*  136  08 

Cashing,  for  support  of  Peggy  Rowley  and  Mary 

Henderson,  to  27th  May,  1817,  96  25 

Colraine,  for  board  and  clothing  sundry  paupers, 

to  S7fch  May,  1817,  S39  00 


PAUPER  ACCOUNTS.  155 

Charlestmvn,  for  board  and  clothing  sundry  pau- 
pers, to  5th  May,  1817,  648  4S 

Carver,  for  board  and  clothing  Martin  Grady,  to 

1st  January,  1817,  67  SO 

Castine,  for  board,  clothing  and  doctoring  James 
Buckley  and  Thomas  Uresue,  till  their  death, 
and  funeral  charges,  55  75 

Cambridge,  for  board  and  clothing  sundry  pau- 
pers, to  6th  June,  1817,  338  16 

Cape  Elizabeth,  for  board,  clothing  and  doctor- 
ing sundry  paupers,  to  S3d  May,  1817,  118  42 

Dresden,  for  board  and  clothing  John  CuUen,  to 

1st  January,  1817,  67  20 

Durham,  for  board  and  clothing  sundry  paupers, 

to  1st  June,  1817,  121  60 

Danvers,  for  board  and  clothing  sundry  paupers, 

to  20th  May,  1817,  1349  65 

Deerfield,  for  board  and  nursing  Abigail  Well«i, 
till  her  death,  12th  Moi'ch,  1817,  and  funeral 
charges,  28  50 

Dedham,  for  support  of  Simon  Razey,  to  21st 

May,  1817,  25  50 

Elliot,  for  support  of  Jacob  Brewer  and  Abigail 

Randall,  to  2d  June,  1817,  67  02 

Enfield,  for  support  of  William  Rice,  to  24th  May, 

I8I7,  45  50 

Egremont,  for  support  of  sundry  paupers,  to  14th 

•January,  18 17,  51  00 

Edgarton,  for  board  and  clothing  Anthony  Chad- 
wick,  to  27th  May,  1817,  (^7  20 

Fayette,  for  board  and  clothing  William  Godfrey 

Martin,  to  21st  May,  I8I7,  44  83 

Friendship,  for  board  and  clothing  James  Met- 

calf,  to  1st  June,  I8I7,  62  00 

Frankfort,  for  board  and  clothing  Hatevil  Colson, 

to  31st  May,  1817,  27  00 

Falmouth,   Cumberland   county,   for   board    and 

clothing  sundry  paupers,  to  1st  June,  1817,  99  84 

Foxborough,  for  support  and  doctoring  Dezoay 
Stafford  and  three  children,  till  they  left  the 
Commonwealth,  25  30 

Greenwich,  for  board  and  clothing  Lot  Lee  and 
Polly  Bailey,  till  removed  out  of  the  state, 
and  Stephen  Bailey,  to  26th  May,  I8I7,  101  58 


456  PAUPER  ACCOUNTS. 

Gorham,  for  support  of  James  T.  Cooper,  to  22d 

April,  and  Robert  GilfiUing,  to  24th  May,  I817,       82  90 

Groton,  for  board,  clothing,  doctoring  and  nursing 

sundry  paupers,  to  10th  January,  I8I7,  427  21 

Guardian  of  Dudley  Indians,  which  sum  the 
Treasurer  is  directed  to  charge  said  Indians, 
and  deduct  the  same  from  the  sum  due  them 
from  the  Commonwealth,  to  6th  May,  I8I7,  134  00 

Gardiner,  for  board  of  Thomas  W.  Doyl,  and 
Elenor  Barnes,  alias  Thoms,  and  removing 
Mary  Brow  to  New-Hampshire,  to  24th  May, 
I8I7,  64  60 

Granville,  for  board,  clothing  and  doctoring  George 

Taylor  and  Simon  Hoffman,  to  26th  May,  I8I7,       71  98 

Gloucester,  for  board  and  clothing  sundry  paupers, 

to  10th  May,  I8I7,  966  92 

Gill,  for  board,  clothing,  nursing  and  doctoring 

sundry  paupers,  to  25th  May,  1817,  204  28 

Great  Barrington,  for  board  and  clothing  sundry 

paupers  to  4th  June,  1817,  157  47 

Hawley,  for  board  and  clothing  Joseph  Barnard 

to  23d  May,  1817,  31  02 

Hancock,  for  board  and  clothing  Rebecca  Osborn 

and  Hannah  Win,  to  28th  May,  I8I7,  244  42 

Hodgkins,  Joseph,  Keeper  of  the  House  of  Cor- 
rection in  the  county  of  Essex,  for  board  and 
clothing  sundry  insane  persons  (including  al- 
lowance by  the  Court  of  Sessions)  to  4th  June, 
I8I7,  550  13 

Hallowell,  for  support  of  sundry  paupers,  to  1st 

June,  1817,  419  45 

Holland,  for  board  and  clothing  Jonathan  Hill,  to 

19th  May,  I817,  83  6d 

Hamilton,  for  board,  clothing  and  doctoring  Molly 

Moncrief,  to  5th  April,  I817,  73  05 

Hardwick,  for  board  and  clothing  Hannah  Mor- 
gan to  1st  June,  I8I7.  56  80 

Ipswich,  for  board  and  clothing  sundry  paupers 

to  1st  June,  I8I7,  202  80 

Jay,  for  board  and  nursing  Elizabeth  Bell,  Daniel 

Holland,  wife  and  children,  to  19th  May,  I8I7,       74  00 

Jonesborough,  for  board  and  clothing  James  Kair- 

oan,  to  1st  May,  1817,  33  60 


PAUPER  ACCOUNTS.  457 

Kittery,  for  board  and  clothing  Sarah  Perkins, 
and  Deborah  Perkins  and  child,  to  22d  May, 
1817,  69  53 

Leeds,  for  board  and  clothing  sundry  paupers,  to 

24th  May,  1817,  70  56 

Levant,  for  support,  nursing,  doctoring,  and  fune- 
ral charges,  of  Lawrence  Hook,    September, 

1816,  30  00 
Lee,  for  support  of  sundry  paupers,  to  20th  May, 

1817,  315  33 
Lincolnville,  for  board,  clothing  and  doctoring 

sundry  paupers,  to  2ist  May,  1817,  93  10 

Lenox,  for  board,  clothing  and  doctoring  sundry 

paupers,  to  23d  May,  1817,  240  58 

Lanesborough,  for  support  and  doctoring  sundry 

paupers,  to  24th  May,  1817,  S09  23 

Ley  den,  for  board,  clotliiug  and  doctoring  sundry 

paupers,  to  20th  May,  1817,  131  00 

Limiugton,  for  board  and  clothing  John  O'Ryan, 

to  1st  January,  1817,  67  20 

Littleton,  for  board  and  clothing  John  Putnam,  to 

3d  June,  1817,  53  16 

Longmeadow,  for  support  of  sundry  paupers,  to 

27th  May,  1817,  124  57 

Lynn,  for  board  and  clothing  sundry  paupers,  to 

30th  May,  1817,  380  08 

Marshfield,  for  board  and  clothing  Samuel  Holmes, 

to  20th  May,  1817,  61  27 

Montgomery,  for  board  and  clothing  Moses  Ca- 

nair,  to  4th  June,  1817,  31  40 

Marblehead,  for  board  and  clothing  sundry  pau- 
pers, to  4th  June,  1817,  389  90 

Monmouth,  for  board  and  clothing  John   Sher- 

burn  and  Peggy  Magner,  to  11th  June,  1817,         7^  00 

Medford,  for  support  of  Oliver  Pierce  and  fami- 
ly, till  they  left  the  Commonwealth,  June,  1817,     125  93 

Northfield,  for  support  and  clothing  Amos  Riley, 

to  23d  May,  1817,  35  80 

North  Brookfield,  for  board,  nursing  and  doctor- 
ing John  Hall,  to  22d  May,  1817,  14  29 

New  Bedford,  for  board  and  clothing  sundry  pau- 
pers, to  1st  April,  1817,  348  03 


458  PAUPER  ACCOUNTS. 

Newry,  for  board  and  clothing  William  Burk,  to 

22d  May,  1817,  37  80 

North  Yarmouth,  for  board  and  clothing  George 

Young  and  Jesse  Estees,  to  6tli  June,  1817»  60  77 

Newbury,  for  board  and  clothing  sundry  paupers, 

to  1st  June,  1817,  1337  08 

Newlmryport,  for  board  and  clothing  sundry  pau- 
pers, to  1st  June,  1817,  1353  59 

Norwich,  for  board  and  clothins;  Daniel  Williams, 

to  28th  May,  1817,  "  35  00 

Nantucket,  for  board  aud  clothing  James  Ross, 
to  25th  May,  1817,  and  George  Phenix,  till  his 
death,  and  funeral  charges,  88  39 

Northampton,  for  board,  clothing  and  doctoring 

sundry  paupers,  to  25th  May,  1817,  331  80 

Newcastle,  for  support  of  William  Cochran,  to 

6th  May,  1816,  2  50 

New  Salem,  for  board  and  clothing  Philip  Ha- 
ven, to  4th  April,  1817,  50  76 

Peru,  for  support  of  James   Robbins,   to  19th 

May,  1817,  27  50 

Pittsfield,  for  board,  clothing  and  doctoring  sun- 
dry paupers,  to  31st  May,  1817,  317  01 

Phipsburg,  for  support  of  Jacob  Wheeler,  to  1st 

June,  1817,  61  29 

Plymouth,  for  board  and  clothing  sundry  paupers, 

to  2d  June,  1817,  '^oQ  90 

Portland,  for  board  and  clothing  sundry  paupers, 

to  1st  June,  1817,  2363  84    ^ 

Russell,  for  board  and  clothing  John  and  Polly 

Newton,  to  1st  June,  1817,  90  60 

Rowley,  for  board,  clothing  and   nursing   Ella 

Collins  and  Benning  Dow,  to  27th  May,  1817,      70  65 

Randolph,  for  supplies  furnished  William  Reed, 

to  1st  May,  1817,  33  88 

Roxbury,  for  board  and  clothing  sundry  paupers, 

to  2d  June,  1817,  385  21 

Richmond,  for  board,  clothing  and  doctoring  sun- 
dry paupers,  to  2d  June,  1817,  207  19 

Readfield,  for  board,  clothing  and  doctoring  Ed- 
ward Burgess  and  Colin  Comron,  to  21st  May, 
1817,  100  10 


PAUPER  ACCOUNTS.  459 

Rutland,  for  board  and  clothing  William  Hen- 
derson, to  27th  May,  1817,  67  20 

Southwick,  for   board,    clothing    and    doctoring 

George  Reed,  to  1st  June,  I817,  71  53 

'  Sudbury,  for  board,  clothing  and  nursing  John 

Weighton,  to  11th  February,  1817,  88  77 

Swanzey,  for  board  and  clothing  Garret  Burns 

and  James  Garnet,  to  31-th  May,  1817,  59  91 

Southbridge,  for  board  and  clothing  London  Der- 

ry,  to  15th  May,  I8I7,  67  20 

Shelburn,  for  board,  clothing  and  doctoring  Mary 

Bates,  to  26th  May,  I8I7,  57  S2 

Stockbridge,  for   board,  clothing  and   doctoring 

sundry  paupers,  to  3d  March,  1817,  320  30 

Saco,  for  board,  clothing,   and  funeral  charges 

sundry  paupers,  to  1st  June,  I8I7,  26  80 

JButton,  for  support  of  Isabella  Santee*s  three 
children,  to  12th  May,  I8I7,  and  Peter  Valen- 
tine, till  his  death,  and  funeral  charges,  61  10 

Sharon,  for  support  and  doctoring  James  Welch, 
to  25th  April,  1817,  40  00 

Sandisfield,  for  support  of  Richard  Dickson  and 

family,  to  20th  May,  I8I7,  S4<  10 

Starks,  for  board  and  clothing  James  L.  Wood, 

to  22d  May,  I8I7,  67  20 

St.  George,  for  board  and  clothing  Robert  Hews, 

to  1st  June,  I8I7,  27  50 

Sandwich,  for  board  and  clothing  Mason  Ray- 
mond and  Rebecca  Simons,  to  7th  June,  1817,       23  82 

Spencer,  for  board,  clothing  and  doctoring  sun- 
dry paupers,  to  27th  May,  1817,  125  19 

Salem,  for  board  and  clothing  sundry  paupers, 

to  2d  June,  1817,  1519  16 

South  Berwick,  for  board  and  clothing  Lemuel 

Woodworth,  to  3d  June,  I8I7,  45  00 

Tovvnsend,  for  support  and  doctoring  Daniel  Fos- 
ter and  family,  till  they  left  the  Commonwealth, 
February,  I8I6,  128  47 

Topsham,  for  board  and  clothing  John  Duggen, 

to  S4th  May,  I8I7,  '  45  50 

Uxbridge,  for  support  of  sundrv  paupers,  to  27th 

May,  1817,,  '  '  105  50 


460  PAUPER  ACCOUNTS. 

Winthrop,  for  board  and  clothing  William  Gas- 

kel,  to  S8th  May,  I8I7,  34  42 

Ward,  for  board  of  Francis  Savage,  to  lOtb  April, 

I8I7,  ^  S7  43 

Westfield,  for  board,  clothing  and  doctoring  sun- 
dry paupers,  to  1st  June,  1817,  59  40 

William  stow  n,  for  support,  doctoring  and  funeral 

charges  of  sundry  paupers,  to  24th  May,  18 17,     183  63 

West  Stockbridge,  for  board  and  clothing  James 

C.  Biggs  and  Lucy  Lane,  to  33d  May,  18 17,         55  17 

Westhampton,  for  board,  clothing  and  doctoring 

John  Gay  and  Wife,  to  36th  Vlay,  1817,  130  50 

Worcester,  for  board  and  clothing  sundry  pau- 
pers, to  1st  June,  I8I7,  241  84 

Warren,  for  boird  and  clothing  sundry  paupers, 

to  38th  May,  1817,  181  00 

Waldoborough,  for   board    and  clothing  Philip 

Handle  and  Phebe  Andrews,  to  6th  June,  I8I7,     134  90 

West  Springfield,  for  support  of  sundry  paupers, 

to  18th  May,  1817,  103  31 

Westbrook,  for  support  of  John  Burns,  to  8th 

May,  I8I7,  67  30 

Wareham,  for  support  of  William  Long,  to  37th 

May,  1817,  36  18 

Wiscasset,  for  board,  clothing  and  doctoring  sun- 
dry paupers,  to  31st  May,  I817,  191  94 

York,  for  board,  clothing  and  doctoring  sundry 

paupers,  to  31st  May,  I8I7,  339  26 

Total  Paupers,  35  245  75 

MILITARY  ACCOUNTS. 

Courts  Martial,  Courts  of  Inquiry,  S^c. 

Allen,  James  S.  for  the  expense  of  a  Court  Mar- 
tial, held  at  Plymouth,  March,  1817,  whereof 
Brigadier  General  A.  Washburn  was  Presi- 
dent, 262  42 

Brooks,  John,  late  Adjutant  General,  for  cash 

paid  an  express,  18th  March,  1816,  4  00 


MILITARY   ACCOUNTS»  461 

Fogg,  SimeoH,  for  the  expense  of  a  Court  Mar- 
tial, held  at  Limerick,  April,  1817,  whereof 
Colonel  Solomon  Htrout  was  President,  323  56 

Sewall,  William  B.  for  the  expense  of  witnesses, 
for  the  investigation  of  the  election  of  Major 
William  Siemens  ;  by  order  of  the  Commander 
in  Chief,  4  70 


Brigade  Quarter. Masters. 

Bradbury,  William,  to  28th  May,  1817, 
Farrell,  Gideon,  to  May,  1817, 
King,  Amos,  to  May,  1817, 
Jloberts,  Charles  S.  to  May,  1817, 
Stimpson,  Joseph,  to  May,  1817, 
Thomas,  Nathaniel,  to  May,  1817, 


593  68 


Brigade  Majors  and  Mds-de-Cam]), 

Allen,  Samuel,  Junior,  to  27th  May,  1817,  13  13 

Carr,  Joshua  W.  to  5th  March,  1817,  12  lo 

Dutch,  Edward,  to  10th  May,  1817,  81  46 

Fogg,  Simeon,  to  29th  May,  1817,  53  37 

Hayward,  Nathan,  to  17tli  Deceraljer,  1816,  90  35 

Newton,  Rejoice,  to  26th  May,  1817,  20  80 

Sargent,  L.  M.  to  14th  January,  1817,  46  57 

Sawtell,  Richard,  to  3 1st  December,  1810,  40  7^ 

Sampson,  Joseph,  to  24th  May,  I8I7,  41  92 

Thomas,  Nathaniel,  to  May,  18 17,  2  45 

Toby,  Elisha,  to  May,  I8I7,  113  51 


516  41 


18 

25 

32 

80 

16 

50 

12 

10 

16 

00 

7  90 

103  55 


Adjutants, 

Avery,  Joshua,  to  10th  April,  18 17,  41  2i 

Boduther,  Harvey,  to  August,  1816,  6  78 

Bailey,  Halloway,  to  31st  May,  I8I7,  16  06 

Backus,  Zenas,  to  15th  May,  18 17,  47  25 

Champney,  John,  to  14th  May,  I8I7,  40  73 

Chase,  James,  to  7th  November,  1816,  32  91 
59 


46a  MILITARY  ACCOUNTS. 

Carr,  Joshua  W.  to  25th  March,  1817,  7  40 

Clement,  Jesse,  to  8th  May,  1817, 

Clark,  John,  to  10th  September,  1816, 

Carter,  Willis,  to  28th  May,  1817, 

Collins,  Michael,  to  13th  May,  1817, 

Callender,  Benjamin,  to  November,  1816, 

Da 'is,  Benjamin,  to  21th  May,  1817, 

£ells,  Samuel,  to  11th  September,  1816, 

Fairfield,  Jotham,  to  4th  May,  1817, 

Gilmoie,  Rufus,  to  May,  1817, 

Getchell,  John,  to  28th  November,  1816, 

Hudson,  John,  to  1st  June,  1817, 

Hayes,  John,  to  l6th  February,  1817, 

Knight,  Jonathan,  to  31st  May,  1817> 

Keith.  Cyrus,  to  2d  June,  1817, 

Lewis,  Philo,  to  2d  May,  1817, 

Orr,  Hector,  to  22d  May,  1817, 

Parker,  Henry,  to  May,  1817, 

Poor,  Daniel  A.  to  25th  September,  1816, 

Sears,  Joseph,  to  26th  May,  1817, 

Starkweather,  William,  to  May,  1817, 

Stimpson,  James,  to  10th  December,  1816, 

Shattuck,  Daniel,  to  May,  1817, 

Spring,  Luther,  to  2d  May,  1817, 

Turner,  John  P.  to  8th  May,  1817, 

Wild,  Jonathan,  to  4th  June,  1817, 

"Washburn,  Cromwell,  to  19th  April,  1817, 

Wood,  Thomas,  to  17th  May,  1817, 

Worthington,  Gad,  to  17th  May,  1817, 

Williams,  William,  to  27th  March,  1817, 

Williams,  John,  to  30th  September,  1816, 

Ward,  John,  to  26th  May,  181 75 


15 

87 

56 

25 

47  60 

73 

18 

8 

61 

9  71 

433 

81 

30 

98 

.  27  44 

23 

28 

18 

08 

12 

68 

0  75 

38 

62 

38  09 

85 

26 

15 

11 

38 

79 

60 

59 

10 

06 

13  09 

55 

14 

18 

06 

48 

03 

62  28 

42 

35 

115 

37 

50 

97 

32 

22 

75  97 

16 

86 

1473  44 


Expenses  for  Horses  to  haul  tlrtiUeri/, 


Acocks,  William,  to  May,  1817,  7  00 

Brown,  James,  to  17th  May,  I8I7,  5  00 

Bent,  David  T.  to  January,  18 17,  5  00 

Carr,  Oliver,  to  May,  18 17,  5  00 

Carter,  Ephraim,  to  May,  1817,  5  09 

Dewey,  Calvin,  to  May,  I8I7,  5  00 

Eastman,  Robert,  to  May,  1817,  5  00 


SHERIFFS'  AND  CORONERS'  ACCOUNTS.     463 

Holbrook,  Rufus,  to  May,  1817,  •''  00 

Holton,  Jeremiah,  to  January,  1817,  15  00 

Haskell,  John,  to  May,  1817,  SO  00 

Killey,  Sylvanus,  to  January,  1817,  5  00 

Moodv,  Dudley,  to  May,  1817,  5  00 

Noble,  Horace,  to  May,  1817,  5  00 

Pierce,  Samuel,  May,  1817,  10  00 

Parker,  Lewis,  to  May,  1817,  ^00 

Shaw,  Southworth,  to  May,  1817,  i5  00 

Shaw,  Oliver,  to  May,  1817,  10  00 

Saekett,  Elijah,  to  May,  1817,  10  00 

Sprague,  Nathaniel,  to  May,  1817,  15  00 

Tufts,  Call,  to  December,  18(6,  5  00 

Warreiier,  Walter,  to  May,  1816,  16  25 

Washburn;  Eliab;  to  May,  1817,  7  00 


Courts  Martial,  &c. 

Brigade  Majors,  &c. 

Brigade  Quarter-Masters, 

Adjutants, 

For  Artillery  Horses, 

Total  Military,  2872  33 

SHERIFFS'  AND  CORONERS'  ACCOUNTS. 

Bartlett,  Bailey,  Sheriff  of  Essex  County,  for  re- 
turning votes,  to  S6th  May,  18i7,        "  33  Oi 

Cooper,  John,   Sheriff  of   Washington  County, 

for  returning  votes,  to  May,  1817,  28  00 

Davis,  Wendell,  Sheriff  of  Barnstable   County, 

for  returning  votes,  to  May,  1816,  31  36 

Heywood,  Nathan,  Sheriff  of  Plymouth  County, 

for  returning  votes,  to  27th  May,  1817,  S6  50 

Hoyt,  Epaphrus,  Sheriff  of  Franklin  County,  for 

returning  votes,  to  May,  1817,  23  75 

Lyman,  Joseph,  Sheriff  of  Hampshire  County,  for 

returning  votes,  to  April,  1817,  25  00 

Parker,  Josiah,  Coroner  of  Barnstable  County, 
for  inquisition  on  the  body  of  a  stranger,  aud 
funeral  charges,  31st  July,^  1816^  23  60 


185 

25 

593 

68 

516 

41 

103 

55 

1473  44 

185 

25 

164!        MISCELLANEOUS  ACCOUNTS. 

Saw tell^llicli aril,  Sheriff  of  Somerset  County;  for 

returning  votes,  to  23d  May,  1817,  lOi  2& 

Stowers,  Joseph,  Coroner  of  Suffolk  County,  for 
inquisition  on  the  body  of  a  stranger,  and  fune- 
ral charges,  May,  1817,  17  26 

Watson.^  George,  Sheriff  of  Hancock  County,  for 

returning  votes,  to  May,  1817,  56  00 

Total  Sheriffs  and  Coroners,         428  76 
PRINTERS'  ACCOUNTS. 

Eurrill  &  Tileston,  for  publishing  Acts  and  Re- 
solves, to  1st  January,  1817?  8  33 

Edes,  Peter,  for  publishing  Acts  and  Resolves, 

to  May,  1817,  '  16  66 

Folsoiti,  B.  W..  for  publishing  Acts  and  Resolves, 

to  1st  August,  1817,  16  66 

Russell,  Benjamin,  by  Russell,  Cutler  and  Co. 
for  printing  for  the  government,  to  11th  June, 
1817,  2719  46 

Shirley,  A.  &  I.  for  publishing  Acts  and  Re- 
solves, to  1st  January,  1817,  16  66 

Thomas,  Isaiah,  Junior,  for  publishing  Acts  and 

Resolves,  to  May,  1817,  33  33 

Tileston  &  Parmenter,  for  printing  for  the  Agri- 
cultural Society,  to  February,  1817,  200  00 


Total  Printers,  3011  10 

MISCELLANEOUS  ACCOUNTS. 

Agricultural  Society,  for  sundry  expenses  in  rais- 
ing seeds  and  plants  ;  and  by  experiments  made 
by  said  Society,  in  the  public  garden  at  Cam- 
bridge, under  the  direction  of  W.  D.  Peck,  to 
May,  1816,  '  467  75 

Apthorp,  Jolm  T.  for  cash  paid  for  plate  and  en- 
graving, for  the  Treasurer's  Office,  February, 
1817,  39  12 

Allen,  Andrew,  for  stationary  for  the  Secretary's 

Office,  December,  1816,  8  00 

Bradford,  Alden,  for  stationary  furnished  Trea- 

eui-er's  Office,  May,  1817,  7  00 


MISCELLANEOUS  ACCOUNTS.  ^65 

Barclitt,  James  W.  for  stationary  furnished  the 

government,  to  5th  June,  I817,  138  IS 

Boston  Bank,  for  stationary  furnished  Secretary's 

Office,  June,  1816,  25  00 

Blaney,  Henry,  for  work  done  at  State  House,  to 

9tli  June,  I8I7,  18  75 

Ballard,  J.  &  J.  for  Carpeting  furnished  the  State 

House,  to  4tli  May,  I8I7,  623  91i 

Board  of  Health,  Boston,  for  cash  paid  Henry 
Spear,  for  his  salary  as  Island  Keeper,  to 
March,  1817?  44;  44' 

Bacon,   Henry,  for   assisting  Messenger  of  the 

General  Court,  to  June,  I8I7,  44  00 

Chase,  Warren,  for  assisting  Messenger  to  the 

General  Court,  to  June,  1817»  44  00 

Durant  and  Symmes,  for  work  done  on  the  State 

House,  to  5th  June,  I8I7,  45  50 

Francis,  Joseph,  Page  to  the  House  of  Represen- 
tatives, to  June,  I8I7,  18  00 

Goodrich,  Isaac  W.  for  stationary  furnished  Se- 
cretary's Office,  to  31st  May,  I8I7,  26  35 

Grant,  Moses,  Junior,  for  making  carpet,  &c.  for 

State  House,  May,  I8I7,  43  63 

Kuhn,  Jacob,  for  balance  due  him  on  the  10th 
June,  1817?  over  and  above  the  several  grants 
made  by  the  General  Court,  of  19th  June  and 
13th  December,  1816,  7I  75 

Lincoln,  Amos,  Junior,  for  painting  done  on  State 

House,  May,  I8I7,  70  48 

Loring,  Josiah,  for  stationary  furnished  the  Gov- 
ernment, to  11th  June,  1817?  314  05 

Low,  John,  Junior,  for  assisting  the  Messenger 

of  the  General  Court,  to  June,  I8I7,  36  00 

Low,  Lewis,  for  assisting  the  Messenger  of  the 

General  Court,  to  June,  I8I7,  40  00 

Vose  and  Coates,  for  furniture  for  Council  Cham- 
ber, to  39th  June,  I8I6,  79  50 

Wheeler,  John  H.  for  sundry  joiner  work  on  the 

State  House,  to  3d  June,  I817,  61  87 

Williams,  Seth,  for  serving  writ  of  supersedeas 
on  Samuel  Howard,  Esquire,  and  returning  the 
same,  December,  1816,  5  00 


Total  Miscellaneous,  3170  14 


4366  AGGREGATE  OF  ROLL. 


Aggregate   of    Moll    JVo.  77' 

Expenses  of  State  Paupers,  25, 2W  75 

«          of  Militia,  S,873  33 

«          of  Sheriffs  and  Coroners,  428  76 

«          of  Printers,  3,011   10 

««          of  xMiscellaneous,  S,170  14 


43,728  08 


Hesolvedf  Tliat  there  be  allowed  and  paid  out  of  the 
public  treasury,  to  the  several  corporations  and  persons 
mentioned  in  this  Roll,  the  suras  set  against  said  corpora- 
tions and  persons'  names  respectively,  amounting  in  the 
whole,  to  the  sura  of  forty-three  thousand,  seven  hundred 
and  twenty-eight  dollars  and  eight  cents,  the  same  being 
in  full  discharge  of  the  accounts  and  demands  to  which 
they  refer. 

June  i7thj  I8I7 Approved. 

JOHN  BROOKS, 


COMMONWEALTH  OF  MASSACHUSETTS. 


secretary's    office,   NOV.    18,    1817. 

1  HEREBY  certify,  that  the  Resolves  contained  in  this  Pamphlet, 
passed  at  the  session  of  the  General  Court,  beginning  May  28th,  and 
ending  June  18th,  1817,  have  been  examined,  and  compared  with  the 
originals  in  this  office,  and  appear  to  be  correct,  except  an  omission  of 
date  to  a  resolve  on  the  petition  of  Samuel  Honnet  and  others,  page 
415,  which  should  be  June  11th,  1817. 

ALDEN  BRADFORD, 

Secretary  of  the  Commomvealth. 


INDEX 


TO  RESOLVES  PASSED  AT  THE  SESSION  OF  THE  GENERA!. 
COURT,  IN  MAY  AND  JUNE,  1817. 


A. 


ADAMS,  Isaac,  Assistant  Messenger,  pay  granted,  -  -  450 
Alms  Houses,  Committee  to  examine  paupers  in,  -  .  -  444 
Athens,  records  made  valid, 424 

B. 

Badger,  Catharine,  sale  of  certain  estate  in  Hancock  County,  au- 
thorized, .---__----    411 

Bailey,  Jeremiah,  and  B.  Orr,  Esquires,  Commissioners  for  execut- 
ing deeds  to  settlers  in  Bristol,  &c.  glOOO  granted,  -         -    421 

Bank,  Hallovvell  and  Augusta,  subject  to  be  investigated  by  a  Com- 
mittee, in  the  recess, 430 

Barnstable,  next  term  of  the  Supreme  Judicial  Court  in,  may  be 
holden  by  one  Justice,      -         -         -         -         -         -         -         -412 

Bickford,  Ichabod  and  others,  granted  for  services  in  the  late  war, 
833  50,  - 445 

Bolton  and  Berlin,  Selectmen  to  pay  the  Teacher  of  a  school  estab- 
lished by  the  Society  of  Quakers,  such  sums  as  may  be  paid  by 
the  Members  of  said  Society  into  the  tov.n  treasury,  as  taxes  for 
the  support  of  schools, --     43£ 

Boston  Board  ot  Health,  balance  of  account  for  repairing  the  sea 
wall  on  Rainsford's  Island,  allowed,  and  grant  made  for  building 
a  wharf,  and  store,  &c. -    435 

Bristol  County,  tax  granted, 423 

Burt,  Gideon,  Esquire,  granted  S14  87,  for  certain  costs  paid  by 
him, 430 

C. 

Carlton,  John,  Junior,  a  wounded  soldier,  gi-anted  S30,      -        -  411 

Cleaves,  William  W.  Captain,  powder  granted,  .        -        .  447 

Clerk  of  the  Courts  in  Essex,  to  apportion  the  county  tax,  -  405 

Clerks  of  the  General  Court,  compensation  granted,      -        -         .  449 

"       in  the  public  offices,  "  "...  450 

Commissioners  on  the  subject  of  the  State  Prison,  compensated,    -  446 
"             for  the  sale  of  public  lands  in  Maine,  to  lay  out  a 

road  to  Canada  line, 422 

'^  for  the  sale  of  public  lands,  report  relative  to  nine 

townships  on  Penobscot  River,  and  directed  to 

sell  to  settlers, 424 


INDEX. 

Commissioners  for  the  sale  of  public  lands,  to  complete  a  road  from 
Penobscot  River  to  the  public  grants  on  the  east- 
tern  line,  lay  out  and  sell  six  townships  thereon ; 
and  a  number  of  islands,  .  .  _  _  434 
"  for  the  sale  of  public  lands,  to  prevent  the  destruc- 
tion of  public  timber,         436 

"  for  the  sale  of  public  lands,  nortli  east  room  in  the 

State  House,  appropriated,  -         .         -         -     448 

"  for  presenting  claims   to   the  government  of  the 

United  States,  for  expenses  in  the  late  war,  com- 
pensated for  services,         -         -         -         -         -     451 
"  for  adjusting  the  accounts  of  the  late  Treasurer 

Apthorp, 437 

"  to  establish  line  between  Edgecombe  and  New- 

f  castle,      --------    410 

"        •    for  quieting  settlers  in  Bristol,  &c.  duties  contin- 
ued, -        -  '421 

Committee  on  Accounts,  pay  granted, 450 

"  "  Roll  No.  77,  453 

Conduit  Corporation,  authorized  to  sell  real  estate,       -         .         -    446 
Congress,  Members  from  this  Commonwealth  to  endeavour  to  pro- 
cure an  allowance  of  the  claims  of  this  state,  for  expenses  in  the 

late  war,      --- 440 

Council,  pay  of  Members,    --------     405 

Court  General,      "  -         - 405 

"     Supreme  Judicial,  one  Justice  may  hold  the  next  term  at 

Barnstable, 412 

<'     sessions  in  Essex,  directed  in  apportioning  tax  on  Lynn  and 

Saugus, 407 

D. 

Deaf  and  Dumb  persons.  Selectmen  to  make  return  of,  -        -    418 

Dukes'  County,  tax  granted,     -        -        -        -        -        -        -        423 

E. 

Edgecombe  and  Newcastle,  Commissioners  appointed  to  establish 
the  line  between, 410 

Essex,  Clerk  of  the  Courts  to  apportion  the  county  tax,      -        -        405 

F. 

Fairbanks,  Samuel,  to  be  discharged  from  goal,     -        -        -        -    420 
Ford,  James,  Register  of  Deeds  in  Norfolk,  Secretary  to  deliver 

books  to, '.         -        432 

Foxcroft,  doings  and  records  confirmed,        -        -        -        -        -416 
Frost,  Joshua,  Esquire,  ^13  13,  costs  paid  by  him  to  be  refunded,      438 

G. 

Gilbert,  Clarissa,  allowed  S50  annually,  for  four  years,      -        -        412 

Governor,  his  speech,  --...---    393 

"        answers  to  his  speech 401,404 


INDEX. 

Governor,  authorized  to  form  a  company  of  Sea  Fencibles,  in  Bos- 
ton,          431 

"        authorized  to  cause  State  Prison  walls  to  be  rebuilt,  -        433 
"  "  to  employ  some  person  to  prepare  and  ar- 

range the  claims  against  the  United  States, 
for  expenditures  in  the  late  war,      -         -    441 
"  "  to  deliver  Honorable  James  Lloyd,  documents 

and  papers, 441 

"               "           to  commute  and  make  arrangement  with  the 
United  States,  relative  to  balance  of  arms 
due  this  state,         -         -         -         -         -     441 
«              "           to  sell  twenty -four  pound  cannon,     -        -        451 
"        Lieutenant,  salary, 449 

H. 

Hey  wood  Mehitable,  authorized  to  sell  estate  of  her  son,  -  -  443 
Homes,  William,  and  others,  Proprietors  of  Conduit  Corporation 

in  Boston,  authorized  to  sell  real  estate,  _         _         _         _     445 

Hospital,  Massachusetts  General,  stone  for,  may  be  fitted  at  the 

State  Prison, -        -         -         -        418 

I. 

Indians,  Honnet  and  others,  of  Christiantown,  Agent  appointed  to 
examine  witnesses  on  the  subject  of  their  complaint,  -        -    415 

K. 

Kuhn,  Jacob,  Messenger,  grant  to,  447 

«        "  «  "  for  fuel,  &c.     -         -        -         -    448 

L. 

Land  Office,  north  east  room  in  the  State  House  appropriated  for,  448 
Lee,  James,  allowed  S92  for  expenses  in  the  prosecution  of  Orrin 

Maynard, 432 

Lee,  Joseph,  authorized  to  carry  into  eifect  a  compromise  made  for 

a  trespass  on  lands  near  St.  Croix  River,           -        -        -        -  438 
Lewis,  Winslow  and  others.  Governor  authorized  to  form  a  Com- 
pany of  Sea  Fencibles  in  Boston,           431 

Lewis,  Lothrop,  compensated  for  survey  of  land  in  Brownfield,  -  4 14 
Lincoln  County,  tax  granted,  ..--__  433 
Lincolnville,  doings  and  records  made  valid,  -  -  -  _  406 
Lock  Ward,  pay  as  Assistant  Messenger,  granted,  ...  45Q 
Lynn,  Treasurer  of,  to  issue  his  warrant  to  Assessors,  S231  33,  er- 
roneously put  to  Saugus,  in  the  tax  act  of  1816,     -        .        .  407- 

M. 

Mead,  Mary,  authorized  to  execute  a  deed  to  Theodore  Lyman,  4ir 
Mudge,  Enoch,  pay  granted  for  surveying  a  county  road,      -        -    452 


INDEX. 

N. 

Newcastle  and  Edgecombe,  Commissioners  appointed  to  establish 

the  line  between,     -- 410 

Norfolk.  County,  tax  granted,  ------        423 

'<  "         Secretary  to  deliver  the  Register  of  Deeds,  cer- 

tain books,  -------    432 

O. 


Orr,  Benjamin  and  Jeremiah  Bailey,  granted  glOOO,  for  services, 
in  executing  deeds  to  settlers  in  Bristol,  &c.  -        .        - 


P. 


421 


Paupers  in  the  several  alms  houses,  Committee  to  examine,            -  444 
Plantation  No.  3,  sixth  range,  north  of  Waldo  patent,  records  con- 
firmed,           424 

Plymouth  County,  tax  granted,    -------  423 

Plympton,  Sylvanus,  Esquire,  allowed  travel  and  pay,        -         -  442 

Prison,  State,  Commissioners  on  the  subject  of,  compensated,         -'  446 

"           "       Governor  authorized  to  cause  walls  to  be  rebuilt,  433 

<*          <'       appropriation  for  expenses  of,      -         -        -        -  413 

Q. 

Quarter-Master  General,  to  deliver  Captain  Cleaves  seventy-five 

pounds  powder,  for  so  much  expended 
at  the  interment  of  General  King,        -    44r 
<«  <*  "  to  build  a  biick  wall  to  enclose  the  La- 

boratory yard  in  Boston,  -         -         456 

«  ''  *'  to  change  or  sell  condemned  cannon,  &.C.     451 

Quakers,  Bolton  and  Berlin,  to  pay  certain  money  to  the  teacher  of 
a  school,  established  by  the  Society  of  Friends,         .        -        .    433 

R. 

Richards,  John,  permitted  to  export  lard,  without  inspection,  -  443 
Richardson,  Alford  and  O.  Crosby,  Esquires,  Committee  to  examine 

paupers  in  several  alms  houses, -  444 

Robbins,  Edward  H.  Commissioner  for  sale  of  Eastern  Lands, 

grant  to, 448 

Russell,  Benjamin,  appointed  Printer  for  the  Commonwealth,        -  408 

S. 

Saltonstall,  Leverett,  authorized  to  sell  real  estate  in  Hancock 
County,  the  property  of  the  minor  children  of  Richard  Salton- 
stall Badger,        411 

Saugus,  tax  abated, 407 

Sea  Fencibles,  Governor  authorized  to  form  a  company  in  Boston,     431 
Sebec,  doings  and  records  made  valid,      -----        408 
Secretary  to  purchase  fifty  additional  copies  of  the  Term  Reports,     410 
'•          to  transmit  the  resolve  for  ascertaining  the  number  of 
deaf  and  dumb  persons,  and  make  report  to  the  Legis- 
lature of  all  returns,          418 


INDEX. 

Secretary,  Salary,   -        - 449 

"         to  deliver  certain  books  to  Register  of  Deeds  for  Norfolk 

County, 432 

Selectmen,  &c.  required  to  report  the  number  of  deaf  and  dumb 
persons  in  their  towns,  &c.  -         -         --         -         -         418 

Senators  and  Representatives  in  Congress  to  endeavour  to  obtain 
an  allowance  of  the  claims  of  this  Commonwealth,  for  expenses 

in  the  late  war, 440 

Settlers  in  Jefferson  and  six  other  towns,  time  for  quieting  extend- 
ed,           ....        421 

"       within  nine  townships  on  Penobscot  River,  Commissioners    430 

directed  to  sell  land  to, 430 

Solon,  Selectmen  authorized  to  sell  ministry  land,     .         -         -         419 
South  Berwick,  doings  of  the  Assessors  of  the  First  Parish  made 

valid,      -- 442 

Stedman,  William,  late  Clerk  of  the  Courts  in  Worcester,  to  pay 
balance  to  the  Treasurer,      -------         407 

Sullivan,  George,  as  Guardian  to  D.  Pierce's  children,  authorized 
to  perform  certain  contracts,  415 

T. 

Tax  granted  to  Bristol  County,         _---_.  423 

"         "         to  Dukes'  " 423 

"         "         to  Lincoln  " 423 

"         «         to  Norfolk  " 423 

«         «         to  Plymouth       " 423 

«         «         to  Washington  "     -         -         -         -         -         -         -  423 

Thaxter,  Samuel  and  others,  Guardians,  authorized  to  settle  estate 

of  minors,    ----------  444 

Treasurer,  authorized  to  borrow  money, 414 

"  Commissioners  appointed  to  adjust  the  accounts  of  J. 

T.  Apthorp,  Esquire, 437 

"          to  apply  SI  1,000,  received  from  the  United  States,  to 

the  payment  of  the  debt  contracted  by  the  late  war,  441 

"  Salary, 449 

W. 

Ward,  tlie  present  Assessors  to  issue  their  warrant  for  the  collec- 
tion of  taxes  of  1815,  not  yet  paid,         -----        409 

Washington  County,  tax  granted, 423 

Westbrook,  Assessors  of  the  First  Congregational  Society,  autho- 
thorized  to  issue  warrants  for  the  collection  of  back  taxes,      -        416 

Weston.  Jonathan  D.  Judge  of  Probate  for  AVashington  County, 
authorized  to  allow  further  time  for  the  exhibition  of  claims 
against  the  estate  of  John  L.  B.  Green,  deceased,      -        -         .    419 

Wheeler,  Loring,  a  wounded  soldier,  granted  §60,    -        -        _        441 

Y. 

Young,  Currence,  Administratrix  on  the  estate  of  William  Young, 
Esquire,  authorized  to  remit  payment  of.  and  cancel  her  note,    -    413 


RESOLVES 


OF  THE 


GENERAL  COURT 


OF  THE 


Commontoealtl)  of  dUSajS^acIiujgettj^, 


PASSED  AT  THEIR  SESSION, 

WHICH  COMMENCED  ON  WEDNESDAY,  THE  14th  DAY  OF  JANUARY,  AND 
ENDED  ON  THE  24tli  OF  FEBRUARY,  1818. 


Published  agreeably  to  a  Resolve  of  16th  January,  1812. 


BOSTON : 
POINTED  BY  RUSSELL,  CUTLER  &  CO.  FOR  BENJAMIN  RUSSELL, 

fHINTER  TO   TilE   STATE.- 


RE  SOLIDS 


OF  THE 

GENERAL  COURT  OF  3LiSSACHUSETTS, 

PASSED  AT  THEIR  SESSION, 

WHICH  COMMENCED  ON  THE  14th  D\Y  OF  JANUARY,  ANT)  ENDED  ON 
THE  24th  DAY  OF  FEBRUARY,  A.  D.  1818. 


GOVERNOR'S  MESSAGE. 


REPRESEN'TATmiS'  CHAMBER,  JANUARY  14tb,  181S. 

Tlie  Secretary  communicated  from  the  Governor, 
the  following 

^lESSAGE: 

Gentlemen  of  the  Senate^  and 

Gentlemen  of  the  House  of  Representatives, 

THE  State  Prison  is  a  subject  that  again  solicits  your 
consideration  :  and  1  indulge  the  hope,  that  I  shall  lay  be- 
fore you  such  information,  acquired  by  no  slight  investiga- 
tion, as  shall  facilitate  your  deliberations,  and  conduct  you 
to  the  most  salutary  conclusions. 

By  a  resolve  of  the  thirteenth  of  June  last,  the  Governor 
and  Council  were  authorized  to  cause  that  part  of  the  Prisoa 


468  GOVERNOR'S  MESSAGE. 

Wall  which  had  fallen  down,  to  be  rebuilt  on  the  same, 
or  extended  limits  :  and  also,  from  time  to  time,  as  might 
be  found  necessary  or  expedient,  to  cause  any  part  of  the 
said  wall,  which  might  appear  to  require  it,  to  be  rebuilt 
on  such  limits  as  the  Executive  should  direct.  And  by 
an  act  passed  on  the  seventeenth  of  the  same  month  of 
June,  the  Governor  and  Council  were  authorized  to  pur- 
chase or  take  for  the  purpose  of  extending  (he  limits  of  the 
State  Prison,  the  whole  or  any  part  of  the  lands  between 
the  present  boundaries  of  the  Prison  and  a  road  to  be  laid 
out  from  the  abutment  of  Prison  Point  Bridge,  or  Dam,  to 
the  street  in  Charlestown. 

Preparatory  to  perfecting  the  objects  contemplated  by  the 
Legislature,  as  expressed  in  the  resolve  and  act  above 
referred  to,  the  Executive,  on  the  eighteenth  of  June,  in- 
structed the  Directors  of  the  State  Prison  to  confer  with  the 
owners  of  the  lands  adjoining  the  present  territories  of  that 
institution,  as  particularly  mentioned  in  the  act  of  the  sev- 
enteenth of  June,  to  ascertain  on  what  terms  the  same,  or 
any  part  of  the  same,  might  be  purchased  :  and  also  to  lay 
before  the  Executive,  a  statement  of  the  number  and  dimen- 
sions of  the  rooms  and  cells  in  the  present  buildings,  and 
their  opinion,  whether  any,  and  if  any,  what  additions 
should  \m  made  thereto,  to  effect,  in  the  best  manner,  the 
important  objects  of  that  establishment.  Accordingly,  at 
the  meeting  of  the  Council,  in  July,  the  Directors  made  a 
report  of  their  opinions  and  doings,  as  required,  marked 
number  lone. 

On  the  nineteenth  of  June  last,  a  Committee  of  Council 
was  appointed  to  consider  the  resolve  already  mentioned, 
and  on  the  third  of  July  following,  the  Committee  made  a 
report,  marked  number  two,  which  was  accepted :  and  to 
the  acceptance  of  the  report,  the  Council  added  their  opin- 
ion and  advice,  as  expressed  in  the  paper  marked  number 
three.  Agreeably  to  the  advice  of  Council,  the  Directors 
of  the  State  Prison  were  appointed  to  obtain  estimates  of 
th(  kinds,  quantities,  and  qualities  of  the  materials  requisite, 
in  addition  to  those  on  hand,  for  constructing  new  walls  for 
the  Prison,  calculating  on  an  increase  equal  to  an  extent  of 
two  hundred  feet  in  length  beyond  their  present  measure, 
and  on  raising  the  whole  to  the  entire  height  of  twenty  feet. 
My  letter,  appointing  the  Directors  as  Agents  for  those  pur- 
poses,  dated  the  eighteenth  of  July,  is  marked  number  four^ 


GOVERNOR'S  MESSAGE.  469 

and  their  report  to  me,  dated  the  twenty-fifth  of  August, 
marked  number  five,  contains  the  several  estimates,  mark- 
ed  A.  B.  and  C.  which  included  labor  as  well  as  materials. 
An  Agent  having  been  appointed,  advertisements  were  pub- 
lished,  inviting  contracts  to  be  offered  for  .providing  mate- 
rials and  completing  the  work.  In  the  mean  time,  it  was 
deemed  conducive  to  the  interest  of  the  Commonwealth, 
that  some  individuals,  entitled  to  confidence,  should  be 
consulted,  as  well  upon  the  manner,  as  upon  the  probable 
cost  of  constructing  the  walls. 

Accordingly,  two  gentlemen  in  high  estimation  for  the 
accuracy  of  their  estimates  in  architectural  enterprizes,  were 
requested  to  examine  the  subject  under  consideration.  After 
bestowing  much  attention  to  the  questions  submitted  to  them, 
they  furnished  the  Agent  with  the  result  of  their  calcula- 
tions, and  subjoined  such  remarks  upon  further  improve- 
ments of  the  establishment,  as  much  experience  in  similar 
undertakings,  and  an  attentive  examination  of  the  land  over 
which  a  wall  on  extended  limits,  must  be  erected,  ena- 
bled them  to  suggest. 

At  the  same  time  an  approved  and  scientific  artist  was 
employed  to  survey  the  whole  of  the  land  appertaining  to 
the  State  Prison ;  to  render  an  accurate  plan  of  the  whole 
establishment ;  to  ascertain  with  precision,  the  declivities 
and  nature  of  the  ground  contiguous  to  the  wall,  and  to  fur- 
nish an  estimate  of  the  expense  of  erecting  a  new  one  on 
extended  limits.  • 

The  report  of  the  Agent,  marked  number  six,  was  ac- 
companied by  sundry  estimates,  and  other  documents, 
marked  A.  B.  C.  D.  and  E.  and  a  plan  of  the  establish- 
ment ;  together  with  a  number  of  sketches  and  diagrams, 
explanatory  of  the  estimates  and  opinions  which  had  been 
offered  by  the  gentlemen  above  alluded  to. 

Having  obtained  the  several  estimates  and  other  docu- 
ments I  have  already  mentioned,  the  whole  were  submitted 
to  the  Council  for  consideration  and  advisement.  The  paper 
marked  number  seven,  contains  the  result  of  their  delibera- 
tions ;  and  is  exhibited  as  an  expression  of  the  undivided 
opinion  of  the  Supreme  Executive,  upon  the  several  points 
therein  contemplated.  The  documents  which  I  have  thus 
enumerated,  the  arrangement  and  specification  of  which,  I 
have  considered  as  proper  and  necessary  for  conveying  to 


470  GOVERNOR'S  MESSAGE. 

you  a  distinct  and  comprehensive  view  of  the  subject  of  in- 
vestigation, will  be  laid  before  you  by  the  Secretary. 

On  this  subject  I  would  only  further  add,  that,  although 
from  the  entire  dilapidation  of  a  large  part  of  the  Prisou 
Wall,  and  the  want  of  compactness  in  that  part  of  it  remain- 
ing erect,  a  new  wall  be  deemed  necessary,  yet  the  limits 
to  which  such  a  wall  are  to  be  extended,  must  remain  un- 
defineable,  until  the  views  of  the  Legislature  shall  be  dis- 
tinctly expressed.  From  the  operation  of  our  present 
system  of  criminal  law  upon  a  population  continually  aug- 
menting, it  is  but  reasonable  to  presume,  that  the  Prison 
must,  in  its  present  form,  be  soon  surcharged. 

And  it  is  believed,  from  the  increase  of  numbers  the  last 
year,  should  the  same  code  be  continued,  and  the  peniten- 
tiary of  Charlestown  remain  the  only  receptacle  in  the 
state,  for  convicts,  that  the  utmost  extension  of  the  Prison 
wall,  of  which  the  ground  now  appertaining  to  that  establish- 
ment is  susceptible,  will,  after  the  lapse  of  a  few  years, 
prove  insufficient  for  the  public  accommodation. 

But  the  subject;  with  all  its  relations,  rests  with  your 
wisdom.  Its  bearing*!  on  the  reputation  of  the  Common- 
wealth, and  the  domestic  safety  and  comfort  of  its  citizens, 
are  numerous  and  interesting.  And  I  indulge  confident 
hopes  that  a  wise  and  comprehensive  system  of  measures 
will  crown  your  deliberations. 

A  resolve  which  passed  the  Legislature  on  the  fourteenth 
of  June  last,  authorized  and  requested  the  Governor  to 
employ  persons  (if  he  should  think  necessary)  to  prepare 
and  arrange  the  claims  of  this  state  against  the  government 
of  the  United  States,  and  the  evidences  and  documents  be- 
longing to  the  same  :  By  virtue  of  which,  Joseph  H. 
Peirce,  Esquire,  was  employed  in  arranging  documents, 
and  preparing  a  digest  of  the  whole  claim.  On  the  same 
day,  another  resolve  was  passed,  by  which  the  Governor 
was  requested  to  cause  to  be  delivered  to  the  Honorable 
James  Lloyd,  then  one  of  the  Representatives  in  Congress 
from  this  Commonwealth,  such  documents  and  papers  as 
might  be  deemed  necessary  to  support  the  claims  aforesaid, 
for  the  use  of  the  Senators  and  Representatives  of  this 
state  in  Congress.  But  the  subsequent  resignation  of  that 
gentleman,  devolved  on  me  the  duty  of  providing  some 
method  of  transmitting  those  documents  and  papers  to  the 
seat  of  government  at  Washington,  and  placing  them  under 


GOVERNOR\S  MESSAGE.  47t 

the  control  of  the  Senators  and  Representatives,  to  whom, 
by  a  simultaneous  resolve,  an  adjustment  of  the  claims,  and 
all  accounts  connected  therewith,  had  been  committed. 
The  documents  and  papers  were  accordingly  entrusted  to 
the  gentleman  who  had  been  employed  to  prepare  and  ar- 
range them,  for  transmission  to  Washington  :  and  presum- 
ing, that  from  his  intimate  knowledge  of  the  account,  and 
the  several  documents  and  vouchers  connected  with  it,  he 
might  be  usefully  employed  at  the  seat  of  government,  I 
instructed  him,  after  placing  the  same  at  the  disposal  of  the 
delegation,  for  whose  use  they  were  designed,  to  receive 
their  directions  for  the  further  government  of  himself,  and 
destination  of  the  papers  com.mitted  to  his  care.  His  ser- 
vices, I  am  led  to  believe,  are  important  to  the  state ;  and 
he  will  be  retained  during  the  pleasure  of  the  gentlemen  of 
the  delegation.  Should  the  employment  of  Mr.  Peirce 
meet  the  approbation  of  the  Legislature,  it  will  be  unneces- 
sary for  me  to  suggest  the  idea  of  providing  a  compensation 
for  his  services,  and  for  the  expense  of  transmitting  the 
documents  and  papers  to  the  seat  of  the  United  States  gov- 
ernment. 

The  Secretary  will  lay  before  you  likewise,  a  letter  I 
have  received  from  Lieutenant  Governor  Slaughter,  the 
Chief  Magistrate  of  the  state  of  Kentucky,  with  a  resolve 
of  the  Legislature  of  that  state,  proposing  an  article  of 
amendment  to  the  Constitution  of  the  United  States. 

In  the  month  of  August  last,  T  received  a  letter  from 
Governor  Knight,  of  the  state  of  Rhode  Island,  accompa- 
nied by  sundry  resolves  of  the  General  Assembly  of  that 
state,  for  ascertaining  and  settling  the  north  line  of  the 
same.  They  were  submitted  to  the  Council,  and  the  advice 
given  thereupon,  together  with  the  letter  of  the  Governor, 
and  the  resolves  of  the  General  Assembly  of  Rhode  Island, 
and  a  letter  of  Secretary  Bradford,  will,  herewith,  be  laid 
before  you.  Respecting  the  subject  of  those  communica- 
tions, however,  I  am  able  to  state  for  your  information, 
that  in  the  month  of  November  last,  the  Commissioners  of 
this  state  and  those  of  Rhode  Island  held  a  meeting,  and 
perambulated  the  ancient  north  line  of  the  latter  state  ;  and 
that  the  resumption  of  any  further  proceedings  on  the  sub- 
ject of  the  meeting,  will  depend  on  the  determination  of  the 
Commissioners,  or  General  Assembly  of  the  state  of  Rhode 
Island. 


4fy2  GOVERNOR'S  MESSAGE. 

The  Treasurer  of  the  CoramonweaUh  having  exhibited 
a  statement  of  the  Treasury,  the  Secretary  will  lay  the  same 
before  you. 

But  I  may  not  suffer  the  occasion  to  pass,  without  grate- 
fully calling  to  recollection,  the  prosperous  and  happy 
condition  of  the  citizens  of  the  Commonwealth,  and  of  ouu 
nation  at  large.  The  past  year  having  been  highly  propi- 
Cious  to  the  varied  labors  and  pursuits  of  the  people,  they 
are  enjoying,  under  the  smiles  of  Heaven,  and  the  protect- 
ing energy  of  their  free  constitutions  of  government,  the 
sweets  of  plenty  and  repose.  May  these  blessings  be  long 
continued :  And  may  we  all  be  duly  influenced  by  the  full 
and  animating  persuasion,  that  under  a  faithful  discharge 
of  duty,  an  Almighty  and  beneficent  Providence  will  ensure 
and  guard  our  happiness. 

JOHN  BROOKS. 

Council  Chamber^  January  l-l,  1818. 


RESOLYES. 

JANUARY,  1818. 

CHAP.  LXX. 

Resolve  ditecting  the  Messenger  to   'purchase  Fuel,  an^ 

other  articles,  for  the  use  of  the  General  Court, 

January  l6tb,  1818. 

Resolved,  That  there  be  paid  oat  of  the  treasury  of  this 
Commonwealth,  to  Jacob  Kuhn,  Messenger  of  the  General 
Court,  the  sum  of  three  hundred  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  Gover- 
nor and  Council  Chamber,  the  Secretary's,  Treasurer's, 
Adjutant  General's,  and  Quarter-Master  General's  Offices, 
and  also  the  Land  Office  ;  he  to  be  accountable  for  the  ex- 
penditure of  the  same. 

LXXI. 

Resolve  on  the  petition  of  Hannah  Morley  and  Sylvanus  G. 

Morley,  Executors  of  the  icill  of  Colonel  David  Morley, 

January  21st,  1818. 

On   the  petition  of  Hannah   Morley  and   Sylvanus  G. 

Morley.  Executors  of  the  last  will  and  tes-amei»t  of  Tolonel 

David  Vlorley,  late  of  West-SpringfieM,  deceased,  pray. 

•o§  for  leave  to  sell  so  much  of  the  real  estate  of  which  the 

60 


47^^      JONATHAN  KNIGHT.^Jan.  21,  1818. 

said  David  died  seized,  as  will  raise  the  sum  of  three  thou- 
sand five  hundred  and  forty-six  dollars  and  thirteen  cents, 
for  the  payment  of  his  debts  ; 

Resolved,  for  reason  set  forth  in  said  petition,  that  the 
said  Hannah  Morley  and  Sylvanus  G.  Morley,  in  their 
said  capacity,  be,  and  they  are  hereby  authorized  to  sell  at 
public  auction,  so  much  of  the  real  estate,  of  which  the 
said  David  died  seized,  as  will  raise  the  sum  of  three  thou- 
sand five  hundred  and  forty-six  dollars  and  thirteen' Cents, 
and  to  make  and  execute  good  and  sufBcient  deed  or  deeds 
to  the  purchasers,  which  shall  be  good  and  valid,  in  law  ; 
the  said  Hannah  and  Sylvanus  first  giving  bonds  to  the 
Judge  of  Probate  for  the  county  of  Hampden,  for  the  faith- 
ful application  of  the  money  arising  from  such  sale ;  and 
also  giving  thirty  days  notice  of  the  time  and  place  of  sale, 
in  the  newspaper  printed  at  Springfield,  called  the  Hamp- 
den Federalist ;  and  conforming  in  other  respects  to  the 
duties  and  obligations,  imposed  by  law  upon  Executors  and 
Administrators,  where  license  is  obtained  for  the  sale  of 
the  real  estate  of  their  testator  or  intestate,  from  the  Su- 
preme Judicial  Court. 


CHAP.  LXXIL 

Resolve  on  petition  of  Jonathan  ICnight, 
January  21st,  1818. 

On  the  petition  of  Jonathan  Knight,  of  Worcester,  in  the 
county  of  Worcester,  representing,  that  on  the  twenty-sec- 
ond day  of  July,  one  thousand  eight  hundred  and  sixteen, 
he  made  his  deed  of  warranty  to  Samuel  Brooks,  of 
the  same  Worcester,  his  heirs  and  assigns,  of  a  certain 
piece  of  land  situated  in  the  northwardly  part  of  said 
town,  containing  twenty  acres,  bounded  eastwardly  on 
the  county  road  leading  from  Worcester  to  Lancaster ; 
northwardly  on  land  of  the  heirs  of  Samuel  Andrews,  de- 
ceased; westwardly  on  Thomas  and  James  Barber's  land, 
and  Silas  Brooks'  land  ;  and  southwardly  on  land  of  Wal- 
ter Bigelow  ;  also  one  other  piece  of  land  east  of  the  house, 
beginning  at  the  east  post  of  the  passage-way  leading  from 
the  road  into  the  old  garden,  and  runs  northwardly  in  a 
line  to  the  east  side  of  the  smoke-house,  then  Avest  to  the 


JONATHAN  KNIGHT.— JaM.  21,  1818.       475 

nortbeast  corner  of  the  house,  and  from  thence  southwardly 
to  said  road,  with  the  land  under  that  part  of  said  house 
thereby  conveyed ;  also  an  undivided  half  of  the  yard  in 
front  of  the  house,  and  of  the  following  described  lot  back 
of  the  house,  viz.  from  a  line  ranging  with  the  east  side  of 
the  smoke-house,  and  bounding  by  the  fence  back  of  said 
smoke-house,  westwardly  to  a  stake  by  said  fence;  thence 
southwardly  to  the  house  where  the  old  and  new  houses 
join;  also  half  of  said  smokehouse,  and  privilege  of  pass- 
ing in  and  out  of  the  back  door  into  said  back  yard ;  also 
the  whole  of  the  two  east  rooms,  kitchen  and  sink- room  in 
said  house,  the  east  chamber  and  bed-room  adjoining  the 
garret  over  said  rooms  and  chambers,  and  the  cellar  under 
the  old  part  of  the  house,  the  privilege  of  the  well  and 
back  stairs,  and  of  passing  through  the  meal  room,  and  of 
keeping  a  chest  in  said  meal  room  :  And  that  on  the  thir- 
ty-first day  of  May,  one  thousand  eight  hundred  and  sev- 
enteen, the  petitioner  made  another  deed  of  warranty 
to  the  said  Brooks,  his  heirs  and  assigns,  of  a  certaiu 
piece  of  land  lying  near  the  house  above  described,  con- 
taining one  acre,  more  or  less,  bounded  northwardly  on 
a  town  road,  eastwardly  on  Edward  Knight's  land,  south- 
wardly on  Walter  Bigelow's  land,  and  westwardly  on 
Edward  Knight,  with  a  barn  thereon  ;  which  deeds  were 
duly  acknowledged,  delivered  and  recorded,  for  the  pur- 
pose of  securing  to  the  said  Brooks  the  payment  of  the  sum 
of  six  hundred  forty-three  dollars  and  sixty- eight  cents  and 
interest,  which  the  petitioner  owed  him  ;  and  further  rep- 
resenting that  the  said  Brooks  promised  by  his  two  several 
instruments  in  writing,  to  re-convey  to  the  petitioner  the 
said  premises,  upon  his  receiving  the  aforesaid  sum  and 
interest,  but  no  seal  was  affixed  to  either  of  said  instru- 
ments ;  and  that  the  said  Brooks  has  been  prevented  by 
death,  from  re-conveying  the  premises,  agreeable  to  his 
promise ;  and  stating  tliat  he  is  ready  to  pay  over  to  the 
executor  of  the  last  will  and  testament  of  said  Brooks,  the 
sum  aforesaid,  and  interest,  and  praying  that  the  said  ex- 
ecutor may  be  authorized  to  make  and  execute  a  quit  claim 
deed  of  the  premises  to  the  petitioner,  his  heirs  and  as- 
signs ;  Therefore, 

Resolved,  For  the  reasons  set  forth  in  said  petition,  that 
Theophilus  Wheeler,  Esquire,  Executor  of  the  last  will 
and  testament  of  Samuel  Brooks,  of  Worcester,  deceased, 


4^76    GOVERNOR'S  MESSAGE.— Jaw.  SI,  1818. 

be,  and  he  is  hereby  authorized  and  empowered,  whenever 
the  said  Knight  shall  have  paid  to  him  the  sum  of  six  hun- 
dred forty. three  dollars  and  sixty. eight  cents,  due  to  th* 
estate  of  said  Brooks,  with  the  interest,  to  make  and  exe- 
cute to  the  said  Knight,  his  heirs  and  assigns,  a  deed  of 
quit  claim  of  all  the  right,  title  and  interest,  which  the  said 
Brooks  had  in  the  premises  above  descrihed,  at  the  time  of 
his  death,  which  deed,  duly  authentieaied  and  recorded, 
shall  have  the  same  force  and  effect  as  if  the  said  Brooks 
had  made  and  executed  the  same. 


CHAP.  LXXIIl. 

Governor's  Message.     January  Slst,  1818. 

Gentlemen  of  the  Senate^  and 

Gentlemen  of  the  House  of  Representatives, 

On  the  twelfth  of  December,  one  thousand  eight  hundred 
and  sixteen,  sundry  resolves  passed  the  Legislature  author- 
izing and  requesting  the  Goverutr,  with  the  advice  of  Coun- 
eil,  to  appoint  Agents  on  the  part  of  the  Commonwealth,  to 
cause  a  fire  proof  distributing  arsenal  and  laboratory  to  be 
erected  inthe  town  of  Boston ;  and  on  the  Commonwealth's 
land  in  the  town  of  Cambridge,  to  cause  a  fire  proof  brick 
building  to  be  erected,  of  the  dimensions  and  for  the  pur- 
poses therein  described  ;  and  appropriating  fourteen  thou-  j 
sand  dollars  for  the  purpose  of  building  the  same.  < 

I  have  now  the  satisfaction  of  being  able  to  state,  that 
the  several  buildings  contemplated  by  the  said  resolves, 
are  completed  ;  and  that  the  expenditures  attending  the 
same  are  within  the  limits  of  the  abovementioned  appro- 
priation. 

The  Secretary  will  lay  before  you  a  report  of  the  Agents 
appointed  agreeably  to  the  said  resolves,  together  with 
their  account  of  disbursements,  and  the  report  of  a  Com- 
mittee  of  the  Council  respecting  the  same.  The  vouchers 
appertaining  to  the  account  of  the  Agents,  are  lodged  in 
the  Quarter- Master  General's  office, 

J.  BROOKS. 

Cotmcil  Chamber,  January  2U/,  1818. 


K.  JENNISON  &  S.  BROOKS.— Jaw.  SI,  1818.    17^ 

CHAP.  LXXIV. 

Governor's  Message,     January  21st,  1818. 

Gentlemen  of  the  Senate^  and 

Gentlemen  of  the  House  oj  Jlejpresentatives^ 

It  is  my  painful  duty  to  announce  to  you  the  sudden 
death  of  Honorable  Samuel  Fales,  late  a  Member  of  the 
Council  of  this  Commonwealth.  The  Secretary  will  lay 
before  you  an  order  of  the  Council,  shewing  the  manner 
in  which  the  Members  of  that  Board  have  determined  to 
testify  their  respect  for  the  memory  of  the  deceased. 

J.  BROOKS. 

Council  Chamber,  January  21s#,  1818. 

CHAP.  LXXV. 

Resolve  on  petition  of  RebecJcah  Jennison  and  Silas  Broolcs, 
January  21st,  1818. 

On  the  petition  of  Rebeckah  Jennison  and  Silas  Brooks, 
Administrators,  with  the  will  annexed,  of  the  estate  of  Sam- 
uel Jennison,  late  of  Worcester,  in  the  county  of  Worces- 
ter, deceased,  representing  that,  on  their  petition  in  Janua- 
ry, one  thousand  eight  hundred  and  sixteen,  the  General 
Court  passed  a  resolve,  for  reasons  set  forth  therein,  au- 
thorizing Benjamin  Heywood,  Esquire,  Administrator  of 
the  estate  of  David  Curtis,  late  of  the  same  Worcester,  de- 
ceased, to  make  and  execute  to  the  petitioners  a  deed  of 
quit  claim  of  all  the  right,  title  and  interest,  which  the  said 
David  Curtis,  or  his  legal  representatives,  had,  or  might 
then  have,  iii  the  estate  conveyed  to  him  and  Nathaniel 
Curtis  by  the  deed  of  the  said  Samuel  Jennison,  dated  No- 
vember fifth,  one  thousand  eight  hundred  and  eleven,  and 
referred  to  in  said  resolve ;  and  further  representing,  that 
the  said  Benjamin  Heywood  has  been  prevented  by  death 
from  making  said  deed,  and  praying  that  the  administrators 
de  bonis  non  of  the  estate  of  the  said  David  Curtis  may  be 
authorized  to  make  to  the  said  Rebeckah  Jennison,  a  deed 
of  quit  claim  of  the  estate  before  mentioned  ;  Therefore, 

Resolved,  For  reasons  set  forth  in  the  petition,  and  in  th*^ 


478      BOSTON  ATHENiEUM.— Jaw.  22,  1818. 

resolve  aforesaid,  that  Silas  Bigelow  and  Susanna  Bigelow, 
administrators  de  bonis  non  in  her  right  of  the  estate  of  Da- 
vid Curtis,  late  of  Worcester,  deceased,  be,  and  they  are 
hereby  authorized  and  empowered  to  make  and  execute  to 
Rebeckah  Jennison,  of  the  same  Worcester,  her  heirs  and 
assigns,  and  for  the  benefit  of  the  creditors,  heirs,  devisees 
and  legatees  of  Samuel  Jennison,  (whenever  the  estate  of 
the  said  Curtis  shall  be  wholly  exonerated  and  indemnified 
from  a  bond  mentioned  in  the  resolve  aforesaid,  and  from 
all  damage  and  cost  thereby,)  a  good  and  sufficient  deed  of 
quit  claim  of  all  the  right,  title  and  interest  which  the  said 
David  Curtis  had,  or  which  his  legal  representatives  now 
have,  in  certain  estate  described  in  a  deed  of  the  said  Sam- 
uel Jennison,  deceased,  to  the  said  David  Curtis  and  Na- 
thaniel Curtis,  dated  November  fifth,  one  thousand  eight 
hundred  and  eleven,  and  referred  to  in  a  resolve  of  the 
General  Court,  passed  February  sixth,  one  thousand  eight 
hundred  and  sixteen,- in  the  same  manner  that  Benjamin 
Heywood  was  authorized  by  said  resolve  to  do,  and  mighty 
if  living,  now  do. 


CHAP.  LXXVI. 

Hesolve  confirming  the  doings  of  Proprietors  of  Boston 
Athenmum,    January  22d,  1818. 

Resolved,  That  the  election  of  officers,  and  all  other 
proceedings  had  and  transacted  at  the  meeting  of  the  pro- 
prietors of  the  Boston  Athenseum,  held  at  their  library,  on 
the  twentieth  day  of  January  instant,  be,  and  the  same 
hereby  are  so  far  ratified  and  confirmed,  as  that  the  same 
shall  be  to  all  intents  as  valid  and  eifectual  in  law,  as  if 
the  same  had  been  had  and  transacted  at  the  annual  meet- 
ing of  the  said  proprietors,  which  according  to  the  by-laws 
of  said  corporation,  should  have  been  holden  in  the  month 
of  August  last. 


A.  SPRAGUE.— S.  PRISON.— Jfltt.  33d,  1818.    479 

CHAP.  LXXVII. 

Mesolve  on  petition  of  Abigail  Sprague, 
January  S3d,  1818. 

Oa  the  petition  of  Abigail  Sprague,  Administratrix  oa 
the  estate  of  Oakman  Sprague,  late  of  Bath,  in  the  county 
of  Lincoln,  deceased,  setting  forth,  that  the  said  Oakman 
Sprague,  in  his  life  time,  together  with  David  Stinson  and 
Thomas  Lemont,  both  of  said  Bath,  gentlemen,  received  a 
conveyance  of  a  certain  lot  of  land  in  said  Bath,  in  trust 
for  certain  persons,  w^ho  have  since  erected  a  meeting  house 
thereon  ;  but  that  the  deed  by  which  said  conveyance  was 
made,  doth  not  express  the  said  trust  :  And  whereas,  the 
proprietors  of  said  meeting  house  are  desirous  of  having 
their  title  to  said  land  established ;  and  the  said  Stinson 
and  Lemont  are  ready  to  convey  their  interest  in  the  said 
land  to  the  proprietors,  agreeably  to  the  true  intent  of  the 
trust  reposed  in  them  ;  Therefore, 

Resolved,  That  the  said  Abigail  Sprague,  in  her  said 
capacity,  be,  and  she  is  hereby  fully  authorized  and  em- 
powered to  make  and  execute,  with  the  said  David  Stinson 
and  said  Thomas  Lemont,  a  sufficient  deed  of  the  afore- 
mentioned premises,  to  the  proprietors  of  said  meeting 
house  :  Provided  however,  that  the  said  proprietors  first 
pay  to  said  Abigail,  any  monies  advanced  to  them  by  said 
Oakman  Sprague,  for  the  purpose  of  erecting  said  meeting 
house,  over  and  above  what  he  may  have  given  for  that 
purpose,  and  indemnify  the  said  Abigail  and  the  heirs  of 
said  Oakman  Sprague,  against  all  debts  that  he  the  said 
Oakman,  became  obligated  to  pay  for  said  proprietors,  over 
and  above  the  cost  of  the  shares  which  he  the  said  Oakman 
Sprague  subscribed  for,  in  said  meeting  house. 


CHAP.  LXXVIIL 

Governor's  Message,     January  S3d,  1818. 

Gentlemen  of  the  Senate,  and 

Gentlemen  of  the  House  of  Ilejjresentatives, 
The  Secretary  will  lay  before  you  sundry  resolves  of  the 
Legislature  of  the  state  of  North  Carolina,  respecting  an 


480    S.  PRISON.— J.  H.  PIERCE.— Jan.  27,  ISIS. 

amendment  of  the  Constitution  of  the  United  States,  pro- 
p<»sed  by  the  state  of  New  Jersey,  and  which  the  Governor 
of  the  former  state  has  requested  may  be  communicated  to 
the  Legislature  of  Massachusetts. 

3.  BROOKS. 

Council  Chamber,  January  SSrf,  1818. 


CHAP.  LXXIX. 

Resolve  z;ranting  eight  thousand  dollars  for  the  use  of  State 
Prison.     January  S8d^  1818. 

Resolved,  That  there  be  allowed  and  paid  out  of  the 
public  treasury,  for  the  use  of  the  State  Prison,  the  sum  of 
eight  thousand  dollars,  to  be  drawn  from  the  treasury  by 
the  Warden  of  said  prison,  in  such  sums  as  the  Directors 
shall  from  time  to  time  direct;  and  his  Excellency  the  Gov- 
ernor, with  the  advice  of  Ciuncil,  is  hereby  requested  to 
draw  his  warrant  on  the  Treasurer  for  the  said  sum  accord- 
ingly. 


CEIAP.  I.XXX. 

Resolve  for  malcin^  advances  to  Joseph  H,  Pierce,  Esquirej 
Agent  at  Washington.     January  23d,  1818. 

Resolved,  That  his  Excellency  the  Governor  be,  and  he 
is  hereby  authorized  to  advance  to  Joseph  H.  Pierce,  Es- 
quire, the  Agent  appointed  for  arranging,  digesting  and 
transmitting  to  the  seat  of  government,  the  documents  and 
evidences  relative  to  the  claims  of  this  state  against  the  Uni- 
ted States,  any  sum  or  sums  not  exceeding  five  hundred 
dollars,  as  his  Excellency  shall  think  necessary  ;  the  said 
Joseph  H.  Pierce  to  be  accountable  therefor  :  and  his  Ex- 
cellency the  Governor  is  hereby  authorized  to  draw  his 
warraht  on  the  treasury  for  the  same. 


GOV'S.  MESSAGES.— Jan.  16  &  17,  1818.      481 
CHAP.  LXXXI. 

Governor's  Message.     January  16th,  1818. 

Gentlemen  of  the  Senate,  and 

Gentlemen  of  the  House  of  Representatives ^ 

The  Secretary  will  lay  before  you  a  communication  from 
the  Chief  Justice  and  two  of  the  other  Justices  of  the  Su- 
preme Judicial  Court,  suggesting  a  modification  of  the  laws 
respecting  the  right  of  appeals,  and  the  right  of  review. 
It  is  understood  that  the  distance  of  the  two  other  Justices 
of  the  same  Court,  from  the  seat  of  government  at  this 
time,  may  account  for  the  want  of  their  signatures  to  the 
eommunication.  J.  BROOKS. 

Council  Chamber,  January  16,  1818. 

' —  I      -I. .    .1         ■       I     I.  .  -11  * 

CHAP.  LXXXII. 

Governor's  Message.      January  17th,  1818. 

Gentlemen  of  the  Senate,  and 

Gentlemen  of  the  House  of  Representatives, 

The  Secretary  will  lay  before  you  the  accounts  of  the 
late  Treasurer,  John  T.  Apthorp,  Esquire,  with  the  report 
of  the  Committee  appointed  by  the  Legislature  to  examine 
the  same ;  likewise  returns  of  the  organized  field  artillery ; 
of  ordnance ;  of  ordnance  and  laboratory  stores ;  and  of 
eamp  equipage,  belonging  to  this  Commonwealth.  To 
which  will  be  added  a  copy  of  the  account  of  arms,  adjust- 
ed by  the  Quarter-Master  General,  whom  I  had  previously 
authorized  for  that  purpose,  with  the  Ordnance  Department 
of  the  United  States  ;  by  which  it  appears,  that  the  Com- 
monwealth has  received  its  apportionment  up  to  the  first  of 
January,  eighteen  hundred  and  sixteen,  amounting  to  five 
thousand,  nine  hundred  and  thirty-five,  conformably  to  the 
law  of  the  United  States,  passed  April  twenty  third,  one 
thousand,  eight  hundred  and  eight,  for  arming  the  whole 
body  of  the  militia. 

J.  BROOKS 

Cmmcil  Chamber,  January  17,  1818. 
61 


48^        N.  WAITE— J.  CAPEN.— Jan.  sr,  1818. 


CHAP.  LXXXIII. 

Resolve  on  the  petition  of  JS^athaniel  Waite,  a  prisoner  in 

the  gaol  in  Worcester,  in  the  county  of  Worcester. 

Jauiiary  S/th,  1818. 

Hesolved.  For  reasous  set  forth  iu  said  petition,  that  the 
said  Nathaniel  Waite  be.  and  hereby  is  discharged  and 
fully  released  from  a  judgment  recovered  against  him,  at 
the  suit  of  the  Commonwealth,  by  the  consideration  of  the 
Justices  of  the  Supreme  Judicial  Court,  holdeu  at  Worces- 
ter, within  aud  for  the  county  of  Worcester,  on  the  fourth 
Tuesday  of  September  last,  on  which  judgment,  a  warrant 
of  distress  issued,  and  by  virtue  thereof,  the  said  Waite 
was  committed  to  gaol  in  said  county  of  Worcester,  and 
there  still  remains  a  prisoner :  And  tlie  Keeper  of  the  gaol 
in  said  county  of  Worcester,  is  hereby  authorized  and  di- 
rected to  discharge  said  Waite  from  his  said  imprisonment : 
provided,  that  he  is  not  committed  or  detained  for  any  other 
cause  than  the  judgment  aud  warrant  of  distress  aforesaid. 


CHAP.  LXXXIV. 

Resolve  on  the  petition  of  John  Capen^  the  third. 
January  £7,  1818. 

Resolved.  For  reasons  set  forth  in  said  petition,  that  the 
Treasurer  of  this  Commonwealth  be,  and  he  is  hereby  di- 
rected to  issue  to  the  said  John  Capen,  the  third,  a  new 
state  note,  of  the  same  tenor  and  date  as  the  note  lost ; 
that  is  a  note  numbered  three  hundred  and  ninety-one,  and 
dated  the  seventh  of  August,  one  thousand  eight  hundred 
and  ten,  for  the  sum  of  two  hundred  and  forty-seven  dollars 
and  ninety- six  cents,  and  to  endorse  thereon  the  interest 
that  has  been  paid  ;  he  the  said  John  Capen,  the  third,  first 
making  affidavit  before  some  Justice  of  the  Peace,  to  the 
truth  of  the  facts  stated  iu  his  petition,  and  giving  bonds  to 
the  Treasurer  of  this  Commonwealth,  in  the  penal  sum  of 
five  hundred  dollars,  with  one  or  more  sureties,  to  secure 
the  Commonwealth  against  any  loss  that  may  happen  iu 
consequence  of  the  renewal  of  said  note. 


D.  WEBSTER— J.  HOWARD.— Jan.  28,  1818.    483 


CHAP.  LXXXV. 

Resolve  on  ilie  petition  of  Daniel   Webster,  Guardian  to 
allien  McLaughlin,  a  minor,     January  S8th,  1818. 

Resolved,  That  for  reasons  set  forth  in  said  petition, 
that  the  Commissioners  of  the  Land  Office  be,  and  they 
are  hereby  authorized  in  behalf  of  this  Common^A  ealtli,  to 
remise  and  release  by  deed,  unto  the  heirs  of  the  late  Allen 
McLaughlin  deceased,  all  its  right  and  title  to  lot  number- 
ed one  hundred  and  one,  in  the  town  of  Bangor,  in  the 
county  of  Penobscot,  according  to  a  survey  and  plan  of  said 
town,  by  Park  Holland,  Esquire,  and  a  certified  return  by 
him  made  of  a  previous  settlement  thereon  by  said  deceas- 
ed ;  provided,  that  the  said  Commissioners,  before  they 
execute  such  deed,  are  to  be  satisfied  that  in  consideration 
thereof,  fifty  dollars  shall  have  been  paid  by  said  Guardian 
into  the  treasury  of  this  Commonwealth,  and  the  claim  of 
Robert  Treat  to  said  lot  shall  have  been  extinguished. 


CHAP.  LXXXVL 

Resolve  on  the  petition  of  Josepfi  Howard  and  others,  re- 
specting  claims  of  land,     January  SSth,  1818. 

THE  Committee  on  Eastern  Lands,  having  had  under 
consideration  tlie  petition  of  Jose[>li  Howard,  of  Brown- 
field,  in  the  county  of  Oxford,  have  to  state,  that  in  Sep- 
tember, A.  D.  one  thousand  seven  hundred  and  ninety- 
three,  the  Commonwealth  by  its  Agents,  conveyed  a  large 
tract  of  land  in  what  is  now  Porterfield,  in  the  present 
county  of  Oxford,  to  Jeremiah  Hill  and  others,  with  a  re- 
servation for  a  then  future  appropriation  of  the  General 
Court,  of  three  hundred  and  twenty  acres  out  of  said  grant, 
to  be  on  an  average,  as  to  goodness  and  situation.,  -with 
other  lots  therein  of  the  same  bigness  ;  that  the  original 
grantees,  by  deeds,  mutually  divided  and  located  among 
themselves  their  respective  parts  and  proportions,  b\-  way 
of  ranges  and  lots.  The  Coramonuealtb's  property  in 
quantity,  and  probably  many  acres  more,  beiug  without 
any  acquiescence  of  its  Agents,  sequestered  and  left  to 


481     GOVERNOR'S  MESSAGE.— Jftw.  80,  1818. 

meet  the  original  reservation  aforesaid  ;  and  that  because 
of  certain  trespasses  committed,  as  supposed,  by  said  How- 
ard and  otiiers,  on  the  reserved  and  sequestered  lands 
aforesaid,  an  information  filed  against  them  is  now  pending 
in  the  Supreme  Judicial  Court  for  that  county  ;  therefore,  for 
reasons  set  forth  in  his  petition,  and  for  preventing  law  suits 
and  mischief,  the  following  resolutions  are  respectfully 
submitted^  by 

WM.  D.  WILLIAMSON,  Chairman, 

Resolved,  That  the  Commissioners  of  the  Land  Office 
be,  and  they  are  hereby  authorized  to  settle  and  adjust 
with  the  said  grantees,  the  true  quantity  of  land  in  said 
grant,  reserved  and  belonging  to  the  Commonwealth,  the 
quality  and  situation  thereof  being  duly  considered,  and 
to  locate  the  same  when  ascertained  and  understood  by 
admeasurement,  lines  and  bounds. 

Resolved,  That  the  said  Commissioners,  after  such  loca- 
tion, be,  and  they  are  hereby  authorized  to  convey  in  fee 
to  said  Howard  or  others,  for  a  sum  not  less  than  one  dol- 
lar by  the  acre,  all  the  said  lands  so  ascertained  and  loca- 
ted to  the  use  of  the  Commonwealth  :  Provided,  that  if  the 
said  Howard  be  the  purchaser,  the  same  lands  shall  be 
estimated  at  what  they  were  fairly  worth  prior  to  the  first 
day  of  May,  in  tlie  year  of  our  Lord  one  thousand  eight 
hundred  and  thirteen. 

Resolved,  That  the  said  information  pending  in  said 
Court,  may  be  continued  the  next  term  ;  and  in  case  the 
said  Howard  be  the  purchaser  of  the  said  lands,  the  same 
information  shall  be  dismissed  upon  his  paying  all  the 
costs  thereon,  which  shall  have  accrued  to  the  Common- 
wealth touching  the  same. 

CHAP.  LXXXVIL 

Governor's  Message.     January  30th,  1818. 

Gentlemen  of  the  Senate,  and 

Gentlemen  of  the  House  of  Representatives, 

Major  General  Alford  Richardson  having  resigned  the 
command  of  the  twelfth  division  of  the  militia  of  this  Com- 
monwealth, has  been  discharged,  agreeably  to  his  requests. 

J.  BROOKS. 

Council  Chamber,  January  30, 1818. 


FIRE  PROOF  BUII:DING.— Jaw.  ^1,  1818.      485 

CHAP.  LXXXVIII. 

Resolve  for  Fire  Proof  Building  for  Public  Records. 
January  31st,  1818. 

THE  Committee  appointed  to  inquire  into  the  state  of  the 
public  records  of  this  Commonwealth,  and  of  the  State 
House,  so  far  as  it  respects  safety  from  fire,  and  to  report 
thereon  by  resolve  or  otherwise,  having  attended  to  that 
subject,  ask  leave  to  report  : 

That  owing  to  some  defect  in  the  construction  of  the  flue 
connected  with  the  room  occupied  by  the  Quarter-Master 
General,  the  State  House  has  been  twice  on  fire,  under  cir- 
cumstances indicating  that  great  danger  must  have  existed 
of  a  total  destruction  of  the  building  ;  and  although  such 
examination  and  repairs  have  been  made  as  the  necessity  of 
the  case  required,  yet  your  Committee  have  been  deeply  im- 
pressed with  the  propiiety  of  providing  a  place  of  a  more 
safe  deposit  for  the  public  records  of  the  Commonwealth, 
than  what  can  be  obtained  in  a  building  constructed  like 
the  present  State  House,  exposed  to  so  great  a  number  of 
fires,  under  the  care  of  so  many  individuals  :  They  there- 
fore recommend,  for  the  adoption  of  the  Legislature,  the 
following  resolutions. 

By  order  of  the  Committee, 

JOSIAH  QUINCY,  Chairman. 

Resolved,  That  a  fire  proof  building  be  erected  on  some 
convenient  part  of  the  land  adjoining  the  State  House,  for 
the  purpose  of  safe  keeping  all  the  public  records  of  this 
Commonwealth. 

Resolved,  That  his  Excellency  the  Grovernor,  by  and 
with  advice  of  the  Council,  be,  and  he  hereby  is  authorized 
to  cause  such  fire  proof  building  to  be  erected,  of  such  di- 
mensions, and  in  such  manner,  as  he  may  deem  sufficient ; 
and  when  completed,  to  cause  all  the  public  records,  con- 
tained in  the  State  House,  to  be  deposited  therein.  And 
his  Excellency  the  Governor  be,  and  he  hereby  is  author- 
ized to  draw  his  warrant  on  the  treasury,  for  any  sum  or 
sums,  not  exceeding  two  thousand  dollars,  from  time  to 
time,  as  the  same  may  be  wanted  for  completing  the 
same. 


^86  WILLIAM  MINGO.— Jaw.  31,  1818. 

Resolved,  That  his  Excellency  the  Grovernor  be,  and  he 
hereby  is  authorized,  by  and  with  the  advice  of  the  Council, 
to  cause  such  examination  of  the  State  House  to  be  made, 
by  suitable  architects  or  masons,  as  any  indications  of  dan- 
ger from  fire  may  suggest  to  be  expedient ;  and  that  he  be 
also  authorized  to  diaw  his  warrant  on  the  treasury  for  any 
sum  or  sums,  not  exceeding  five  hundred  dollars,  from  time 
to  time,  as  tlie  same  may  be  wanted,  for  such  repairs  and 
alterations  as  such  examination  may  show  to  be  necessary. 


CHAP.  LXXXIX. 

liesolve  on  the  petition  of   William  Mingo  and  otherSf 
Indians,  on  Marshpee  Plantation.   January  31st,  1818, 

THE  Committee  of  both  Houses,  to  whom  was  referred 
the  petition  of  William  Mingo  and  others,  Indians  on  the 
plantation  of  Marshpee,  in  the  county  of  Barnstable,  pray- 
ing for  the  removal  of  the  present  Overseers,  and  for  the 
establishment  of  some  new  regulation  respecting  the  said 
plantation  ;  and  also  the  petition  of  Jonathan  Lindsay  and 
others,  native  inhabitants  and  proprietors  of  lands  belong- 
ing to  the  Herring  Pond  tribe  of  Indians,  so  called,  in  th& 
towns  of  Plymouth  and  Sandwich,  praying  to  be  freed  from 
the  care  of  Overseers,  have  attended  to  tliat  service,  and 
ksk  leave  to  report,  by  way  of  resolve. 

MARK  L.  HILL,  Chairman. 

On  the  petitions  of  sundry  Indians  in  the  county  of 
Barnstable, 

Resolved,  That  the  Honorable  Dudley  L.  Pickman  and 
William  B.  Banister,  and  Benjamin  Whitman,  Esquire, 
be  Commissioners  to  visit  the  tribes  of  Indians  on  the  plan- 
tation of  Marshpee,  in  the  county  of  Barnstable,  and  also 
those  of  the  Herring  Pond  tribe,  so  called,  and  make  in- 
quiry into  the  mode  and  practical  effect  of  the  present 
system  of  governing  and  taking  care  of  them  ;  to  ascertain, 
as  nearly  as  may  be,  the  quantity  and  value  of  the  lands 
originally  holden  by  said  Indians ;  and  what  part  of  the 
same,  in  quantity  and  value,  has  been  alienated,  and  to 
what  purpose  the  game  has  been  applied  ;  to  state  the  pre- 


T.  CARD.—ACADEMY.— Jaw.  31,  1818.        487 

sent  value  of  the  lands  remaining ;  its  annual  income,  and 
the  debts  due  from  said  Indian  tribes ;  with  a  view  partic- 
ularly to  ascertain  what  alteration  and  improven^ent  of  the 
present  system  may  be  expedient ;  to  report  at  the  first  ses- 
sion of  the  next  General  Court :  And  in  case  of  the  death  or 
resignation  of  either  of  the  Commissioners  herein  appointed, 
his  Excellency  the  Grovernor,  with  the  advice  of  Council,  is 
authorized  to  appoint  some  person  to  supply  the  vacancy  so 
occasioned. 


CHAP.  XC. 

Resolve  granting  a  Pension  to  Thurston  Card, 
January  31st,  1818. 

On  the  petition  of  Thurston  Card,  of  Woolwich,  praying 
further  allowance,  in  consequence  of  a  wound  he  received 
while  doing  duty  in  the  detached  militia  ; 

Resolved,  For  reasons  set  forth  in  said  petition,  that 
there  be  further  allowed  and  paid  out  of  the  treasury  of 
this  Commonwealth,  unto  the  said  Thurston  Card,  a  pen- 
sion of  sixty  dollars  per  annum,  for  tliree  years  from  the 
first  day  of  October,  A.  D.  one  thousand  eight  hundred  and 
seventeen,  in  semi  annual  payments ;  jirovided  the  said 
Card  should  live  so  long. 


CHAP.  XCI. 

Resolve  on  the  petition  of  the  Trustees  of  Canaan  Academy, 
.Tanuary  31st,  1818. 

On  the  petition  of  the  Trustees  of  the  Canaan  Academy, 

Resolved,  That  there  be,  and  hereby  is  granted  to  the 
Trustees  of  Canaan  Academy,  their  successors  in  said  of- 
fice or  assigns,  for  the  sole  use  and  benefit  of  said  academy, 
one  half  of  a  township  of  six  miles  square,  from  any  of  the 
unappropriated  lands  belonging  to  the  Commonwealth,  in 
the  District  of  Maine,  except  the  ten  townships  on  the  Pe- 
nobscot River,  purchased  of  the  Penobscot  Indians  ;  and  to 
be  subject  to  all  the  reservations  usual  in  grants  of  this 


488  COURT  OF  SESSIONS.— Feft.  5,  1818. 

kind  ;  the  same  half  township  to  be  vested  in  said  Trus- 
tees, their  successors  in  said  office,  and  assigns  forever,  for 
the  sole  use  and  benefit  of  said  academy ;  reserving  four 
hundred  acres,  one  half  for  the  use  of  schools,  the  other 
half  for  the  use  of  the  ministry  therein ;  the  same  half 
township  to  \)e  laid  out  under  the  direction  of  the  Commis- 
sioners of  the  Land  Office,  at  the  expense  of  said  Trustees, 
as  soon  as  satisfactory  evidence  shall  be  produced  to  them, 
that  the  sum  of  three  thousand  dollars  has  been  subscribed 
and  secured  to  said  Trustees,  towards  a  permanent  fund  for 
the  use  and  benefit  of  said  academy,  in  addition  to  their 
buildings  :  Provided  the  said  Trustees,  within  five  years 
from  and  after  the  laying  out  and  location  of  the  same  half 
township  aforesaid,  cause  ten  families  to  be  settled  thereon  : 
•And  provided  also,  that  said  Trustees  give  bond  to  the 
Treasurer  of  the  Commonwealth,  faithfully  to  apply  the 
proceeds  and  avails  of  said  half  township,  to  the  sole  use 
and  benefit  of  said  academy. 

And  be  it  further  resolved,  That  the  said  half  township 
of  land  shall  be  located  agreeably  to  the  foregoing  provi- 
sion, within  two  years  from  the  first  day  of  June  next, 
otherwise  this  grant  shall  be  void. 


CHAP.  XCIL 

Resolve  on  the  jJetition  of  the  Justices  of  the  Court  of  Ses- 
sions for  the  county  of  Washington, 
February  5th,  1818. 

Resolved,  For  reasons  set  forth  in  said  petition,  that  the 
doings  of  the  Clerk  of  the  Circuit  Court  of  Common  Pleas, 
(acting  as  Clerk  of  the  Court  of  Sessions)  for  the  county  of 
Washington,  in  apportioning  the  county  tax  for  said  county 
for  the  year  one  thousand  eight  hundred  and  seventeen,  be, 
and  the  same  is  hereby  made  valid  in  law  ;  and  for  the  like 
reason,  that  the  doings  of  the  Justices  of  the  Court  of  Ses- 
sions for  the  said  county  of  Washington,  in  examining  the 
Treasurer's  account  for  the  same  year,  and  in  making  the 
estimate  for  the  year  one  thousand  eight  hundred  and  eigh= 
teen,  shall  be,  and  is  hereby  made  valid  iu  law. 


BOUNDARY  LmE.— Fe6.  3,  1818.  489 


CHAP.  xcni. 

Resolve  respecting  Rhode  Island  Boundary  Line. 
February  3d,  1818. 

The  Committee  of  botb  Houses,  to  whom  was  referred  so 
much  of  his  Excellency's  Message  as  relates  to  the  bound- 
ary line  between  the  state  of  Rhode  Island  and  this  Com- 
monwealth, have  had  the  same  under  consideration,  and 
ask  leave  to  submit  the  following  report. 

JAMES  ELLIS,  Chairman. 

That  they  find  the  Legislature  of  this  Commonwealth,  on 
the  second  day  of  February,  A.  D.  one  thousand  eight  hun- 
dred and  ten,  passed  a  resolve,  authorizing  the  Governor 
of  said  Commonwealth  to  appoint  Commissioners  to  ascer- 
tain and  settle  the  north  line  and  boundaries  of  said  state 
of  Rhode  Island  ;  that  by  virtue  of  said  resolve,  the  Gov- 
ernor did  appoint  Edward  H.  Robbins,  >iieholas  Tilling- 
hast,  and  Nahum  Mitchell,  Esquires,  (all  of  whom  are  now 
living)  Commissioners,  for  the  purpose  aforesaid  ;  that  said 
Commissioners  always  have  been,  and  now  are  ready,  when 
notified  by  the  Commissioners  of  the  state  of  Rhode  Island, 
to  attend  to  the  subject  of  their  appointment ;  that  the  Com- 
missioners of  the  respective  states  have  had  several  meet- 
ings, which  have  terminated  in  a  mutual  agreement  to  sur- 
vey the  line  antiently  established.  This  survey  has  been  in 
part  accomplished,  and  will  at  any  future  time  be  fully 
completed,  on  notice  being  given  by  the  Commissioners  on 
the  part  of  the  state  of  Rhode  Island  for  that  purpose  ; 
Therefore, 

Be  it  Resolved,  That  said  Commissioners  on  the  part  of 
said  Commonwealth  be  continued,  and  that  they  be,  and 
hereby  are  vested  with  as  ample  powers  for  the  purpose 
aforesaid,  as  are  granted  to  the  Commissioners  of  the  state 
of  Ilhode  Island,  with  special  power  and  authority  to  re- 
new, erect  and  establish  a  permanent  Monument  at  Wood- 
ward  and  Saffrey's  Station,  (so  called)  and  to  erect  and  es- 
tablish such  other  monuments  on  the  boundary  line,  and  at, 
such  other  places  as  they  may  judge  expedient. 
6S 


490      J.  FIELD.— R.  HUBBARD.— i'eJ.  3, 181S, 


CHAP.  XCIV. 

llesolve  on  the  petition  of  Joseph  Field  and  Jeremiah  Gore, 
February  3d,  1818. 

On  the  petition  of  Joseph  Field  and  Jeremiah  Gore,  stat- 
ing that  they  are  owners  and  occupants  of  brick  buildings 
on  Boston  Neck,  and  that  the  northerly  and  easterly  sides 
of  the  same  have  been  covered  with  clapboards,  to  protect 
the  same  from  the  great  range  of  the  northerly  and  easterly 
winds,  to  which  the  same  are  exposed  ; 

Resolved,  That  the  said  houses  may  be  and  remain  cov- 
ered with  clapboards,  as  aforesaid,  any  law  to  the  contrary 
notwithstanding  :  Provided  however ,  that  whenever,  in  the 
opinion  of  the  Firewards  of  the  town  of  Boston,  the  securi- 
ty of  the  said  town  from  fire  shall  require  that  the  said  cov- 
erings of  the  said  houses  should  be  removed,  and  upon  no- 
tice thereof  given,  the  said  Joseph  Field  and  Jeremiah 
Grore,  or  any  person  holding  the  same  houses  shall  forth> 
with  remove  the  said  coverings  therefrom. 


CHAP.  XCV. 

llesolve  on  the  petition  of  Robert  Hubbard  and  others. 
February  3d,  1818. 

On  the  petition  of  Robert  Hubbard,  of  Angelica,  in  the 
state  of  New  York,  and  Theodore  Barnard,  of  Deerfield, 
in  the  county  of  Franklin,  praying  that  some  suitable  person 
may  be  authorized  and  empowered  to  make  sale  of  all  the 
real  estate  whereof  the  said  Theodore  and  Lucy  Barnard 
his  wife,  are  possessed  in  her  right,  in  Shelburne,  in  said 
county  of  Franklin ;  and  that  the  proceeds  thereof,  be  ap- 
plied to  the  support  of  the  said  Lucy  ; 

Resolved,  That  for  reasons  set  forth  in  said  petition, 
William  Wells,  Esquire,  of  Shelburne  aforesaid,  be,  and 
he  is  hereby  authorized  and  empowered  to  sell  all  the  real 
estate,  whereof  the  said  Theodore  and  Lucy  are  possessed 
in  her  right,  in  said  town  of  Shelburne  ;  and  to  make  and 
execute  good  and  sufficient  deed  or  deeds  thereof,  to  the 
purchaser  or  purchasers,  the  proceeds  thereof  to  be  applied 


ORANGETOWN,  kc.-^Feb,  3,  1818.  491 

to  the  support  of  the  said  Lucy,  during  her  life  :  Provided, 
that  said  William  Wells  first  give  bond  to  the  Judge  of 
Probate  for  the  county  of  Franklin,  with  sufficient  surety 
or  sureties,  that  the  proceeds  of  the  sales  of  said  estate, 
shall  be  faithfully  applied  to  the  support  of  the  said  Lucy, 
during  her  natural  life. 


CHAP.  XCVI. 

Resolve  on  the  petition  of  the  Inhabitants  of  Orangetown, 
February  3d,  1818. 

On  the  petition  of  the  inhabitants  of  plantation  number 
twelve,  or  Orangetown,  in  the  county  of  Washington, 

Resolved,  For  reasons  set  forth  in  said  petition,  that  fivr 
hundred  dollars  be  granted  and  paid  out  of  the  public  trea 
ury  of  this  Commonwealth,  to  the  inhabitants  of  plantat? 
number  twelve,  or  Orangetown,  in  the  county  of  Wash^' 
ton,  to  be  applied  to  the  making  a  road  through  said  f^" 
tation,  to  be  laid  out  and  expended  under  the  direct"^ 
the  Commissioners  of  the  Land  Office. 


CHAP.  XCVII. 

Resolve  remitting  to  the  town  ofFairhaven  their 
February  3d,  1818. 

THE  Committee  of  both  Houses,  to  whor^jj^^  ^}^ 
the  petition  of  the  town  of  Fairhaven,  prjj-  ^j^^    .     ^ 
may  have  relief  with  regard  to  the  assessi^g^j.  gjo-htep  ' 
town,  and  county  taxes  for  said  town,  for  iHefi-aflv  a 
hundred  and  fourteen  ;  the  same  having^  . 
sessed,  through  a  misunderstanding  of  tuition   that  tlip 

Resolved,  For  reasons  set  forth  in  s]  ^|jgy  ^^.^  • 
Assessors  of  said  town  of  Fairhaven  In  t|jg  p^^Hg       j 
by  authorized  and  directed  to  asse^he  sum  of  thrpp 

estates  subject  to  taxation  in  said  /liars  anH  cpvn«f,r 
.,  J  111        1     •      1  *'"'*''  o-uu  ac veiny- 

thousand,  seven  hundred  and  ninet^ount  of  the  taxe 
three  c6nts,  which  said  sum  is  t  to  issue  their  war^ 
erroneously  assessed  as  aforesaid 


493  E.  BRIDGE.--l*e&.  %  1818. 

rants  in  due  form  of  law,  to  collect  the  same,  and  to  proceed 
in  all  respects,  as  in  the  assessment  and  collection  of  other 
town  taxes  :  And  be  it  further  resolvedy  that  the  sum,  which 
any  person  has  paid  on  the  assessment  thereof,  which  was 
formerly  and  erroneously  made  as  aforesaid,  and  which  he 
or  she  has  not  received  or  recovered  back,  shall  be  deduct- 
ed from  the  sum  or  sums,  in  which  he  or  she  shall  be  as- 
sessed  in  the  assessment  authorized  by  this  resolve. 

And  he  it  further  resolved,  That  the  Treasurer  of  said 
town  of  Fairhaven,  is  hereby  authorized  and  directed  to 
pay  out  of  the  treasury,  of  any  monies  now  in  the  same, 
not  other  ways  appropriated,  the  additional  sum  of  two 
hundred  und  twenty-ei2,ht  dollars  and  seventy  eight  cents, 
being  the  amount  of  damages,  costs  and  charges,  expended 
•  \  and  paid  in  defending  a  suit  brought  against  the  Assessors 
»f  said  town,  for  their  former  erroneous  assessment  of  said 
sum,  to  be  paid  on  an  order  to  be  drawn  upon  him  by  the 
Selectmen  of  said  town,  for  that  purpose. 


\  CHAP.  XCVIII. 

\  Resolve  on  the  petition  of  Edmund  Bridge. 
February  4th,  1818. 

On  the  petition  of  Edmund  Bridge  and  others,  and  for 
reasons  feet  forth  in  said  petition, 

ResolvH,  That  the  said  Edmund  Bridge  be  authorized 
and  empowered  to  warn  a  meeting  of  the  proprietors  of  the 
Upper  Bridge  on  Eastern  River,  to  be  holden  at  his  dwell- 
ing house  11  Dresden,  on  Tuesday,  the  fifth  day  of  May 
next,  at  two  o'clock  in  the  afternoon,  for  the  purpose  of 
choosing  a  Cierk,  and  other  officers,  necessary  for  mana- 
ging the  business  of  said  proprietors  and  corporation ;  and 
to  agree  upon  a  method  of  calling  future  meetings,  by  caus- 
ing a  notification  thereof  to  be  published  in  one  of  th» 
newspapers  printed  in  Hallowell,  at  least  fourteen  days 
before  the  time  appointed  for  holding  said  meeting. 


JOSEPH  TREAT.—Fefe.  %  1818.  498 

CHAP.  XCIX. 

Resolve  on  petition  of  Joseph  Treat,    February  4th,  1818. 

On  the  statement  of  the  Commissioners  of  the  Land 
Office,  who  were  required,  at  the  last  session  of  the  Gen- 
eral Court,  to  report  on  the  petition  of  Joseph  Treat, 

hesolved,  T'hat   said   Commissioners  be,  and  they  arc 
hereby  authorized  and  empowered  to  receive  from  .Toseph 
Tieat,  of  Bangor,  in  the  county  of  Penobscot,  Esquire,  a 
conveyance  and  release  to  the  Commonwealth  of  all  his 
right,  title  and  estate  in  the  lands  conveyed  to  him  by  the 
Honorable  Salem  Towne,  as  Agent  for  the  Commonwealth, 
by  deed,  dated  the  nineteenth  day  of  June,  in  the  year  of 
our  Lord  one  thousand  eight  hundred  and  six,  as  therein 
described  and  set  forth,  excepting  one  hundred  acres,  since 
sold  by  said  I'reat,  to  Stephen  Page,  in  right  of  Joseph 
Page,  as  a  settler ;  and  to  accept  the  same  in  satisfaction 
of  the  said  Treat's  bond,  dated  the  nineteenth  day  of  June, 
one  thousand  eight  hundred  and  six,  made  to  the  Treasurer 
of  the  Commonwealth  for  the  payment  of  four  several  sums 
of  six  hundred  thirty-three  dollars  each,  with  interest,  in 
annual  instalments,  according  to  the  condition  of  said  bond  ; 
and  thereupon  to  certify  the  same  to  said  Treasurer,  who 
is  hereby  authorized  to  deliver  up  the  same  to  said  Treat ; 
and  the  said  Commissioners  are  authorized  to  sell  and  con- 
vey to  the  settlers  on  said  land,   or  their  assigns,  not  ex- 
ceeding eleven  in  number,   who  contracted  with  the  afore- 
said  Salem  Towne,  each  for  one  hundred  acres  of  the 
aforesaid  land,   at  the  price  of  one  dollar  per  acre,  with 
interest  from  the  said  nineteenth  day  of  June,  one  thousand 
eight  hundred  and  six,   and  credit  them  respectively  for 
their  proportion  of  six  hundred  thirty-three  dollars,  paid 
into  the  treasury  by  said  Treat,  at  the  time  of  receiving  the 
aforesaid  deed,  on  account  of  said  settlers,  as  he  now  al- 
leges ;  and  upon  their  paying  the  respective  balances  due 
on  their  several  lots  to  the  Commissioners  of  the  Land  Of- 
fice, within  two  years  from  the  passing  of  this  resolve,  to 
make  deeds  of  said  lots  to  said  settlers  respectively,  from 
time  to  time,  as  they  shall  severally  comply  with  the  con* 
ditions  herein  provided  ;  and  no  person  shall  hereafter  be 
considered  as  entitled  to  any  claim  to  said  lots,  who  shall 
not  avail  himself  of  the  benefits  of  this  resolve  within  the 
said  term  of  two  years. 


494  COUNTY  TAXES— Fe&.  5,  1818. 

CHAP.  C.       ' 

Resolve  for  County  Taxes.     February  5th,  1818, 

WHEREAS  the  Treasurers  of  the  following  counties 
have  laid  their  accounts  before  the  Legislature,  which  ac- 
counts hare  been  examined  and  allowed  :  And  whereas 
the  Clerks  of  the  Courts  of  Sessions  for  said  counties  have 
exhibited  estimates  made  by  the  said  Courts,  of  the  neces- 
sary charges  which  may  arise  within  the  said  several  coun- 
ties, 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  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  purpose  aforesaid,  according  to  law, 

Somerset,  two  thousand  two  hundred  dollars,  g  2,200 

Penobscot,  two  thousand  two  hundred  dollars,  2,200 

Oxford,  three  thousand  dollars,             -             -  3,000 

Hancock,  six  thousand  five  hundred  dollars,  6.500 
Washington,  one  thousand  eight  hundred  and  thirty 

dollars,'  .  -  -  .  .  1,830 
Franklin,  three  thousand  two  hundred  dollars,  3,200 
Worcester,  four  thousand  five  hundred  dollars,  4,500 
Hampshire,  three  thousand  dollars,  -  ,  -  3,000 
Cumberland,  eleven  thousand  six  hundred  and  twen- 
ty dollars  and  seventy-eight  cents,  -  -  11,620  78 
York,  five  thousand  dollars,  -  -  .  5,000 
Bristol,  eleven  thousand  dollars,  -  -  11,000 
Barnstable,  one  thousand  three  hundred  dollars,  1,300 
Berkshire,  six  thousand  dollars,  -  -  6,000 
Kennebec,  four  thousand  eight  hundred  dollars,  4,800 
Isorfolk,  eight  thousand  one  hundred  and  fifty  dollars,  8,150 
Hampden,  four  thousand  dollars,  -  -  4.000 
Essex,  seventeen  thousand  five  hundred  dollars,  17,500 
Middlesex,  ten  thousand  dollars,  -  -  10,000 
Lincoln,  six  thousand  dollars,             -            -  6,000 


J^EHEMIAH  PORTER.— l^e&.  5,  1818.        495 


CHAP.  CI. 

Resolve  on  petition  of  J\''ehemiali  Porter. 
February  5th,  1818. 

On  the  petition  of  Nehemiah  Porter,  of  North  Yarmouth, 
in  the  county  of  Cumberland,  yeoman,  and  Sylvia  Porter, 
Administratrix  on  the  estate  of  Sylvanus  Porter,  late  of  said 
North  Yarmouth,  deceased,  and  widow  of  said  deceased, 
shewing  that  in  the  life  time  of  the  said  Sylvanus  Porter, 
the  said  Nehemiah  Porter  and  Sylvanus  Porter,  did  agree 
to  exchange  a  certain  quantity  of  lands  with  each  other, 
upon  the  following  conditions,  viz. :  the  said  Nehemiah 
agreed  to  sell  and  convey  unto  the  said  Sylvanus  by  deed, 
four  acres  of  land  next  Gray  line,  on  the  westerly  side  of 
the  road  leading  to  Gray,  aforesaid  ;  and  the  said  Sylva- 
nus agreed  to  sell  and  convey  unto  the  said  Nehemiah  ten 
acres  of  land  next  RoyaVs  river,  on  the  easterly  side  of 
the  aforesaid  road,  adjoining  land  of  the  said  Nehemiah, 
for  the  aforesaid  four  acres,  and  forty  dollars  in  cash.  And 
upon  the  aforesaid  agreements  by  them  made,  although 
there  was  no  deeds  passed  between  them,  both  parties  hav- 
ing made  improvements  upon  the  said  pieces  of  land,  so  as 
that  it  will  be  greatly  to  the  injury  of  both  estates  not  to 
have  the  aforesaid  lands  conveyed  according  to  their  inten- 
tions and  agreements  in  the  life  time  of  the  said  Sylvanus  : 
And  praying  that  the  said  Sylvia  Porter  may,  in  her  said 
capacity  of  Administratrix  and  widow  of  said  deceased,  be 
authorized  to  make  and  execute  unto  the  said  Nehemiah 
Porter,  a  deed  of  said  ten  arres  of  land.  And  also  that  she, 
the  said  Sylvia,  may  he  authorized  in  her  said  capacity  to 
receive  from  the  said  Nehemiah  Porter  a  deed  of  the  said 
four  acres  of  land,  so  as  it  shall  be  a  part  of  the  real  estate 
of  said  deceased,  as  if  said  deed  had  been  made  to  him  in 
his  life  time  ; 

Resolved,  For  reasons  set  forth  in  said  petition,  that  the 
said  Sylvia  Porter  be,  and  she  is  hereby  authorized  to  con- 
vey the  said  ten  acres  of  land  to  the  said  Nehemiih  Porter, 
his  heirs  and  assigns  forever,  by  a  good  and  suffieient  deed, 
to  have  and  to  hold  the  same,  with  the  appurtenances,  in 
as  full  and  ample  a  manner  as  if  the  same  had  been  con- 
veyed by  the  said  Sylvanus  in  his  life  time.     And  she,  the 


496  DEAF  AND  DUMB.— i^eft.  5, 1818. 

said  Sylvia,  is  hereby  authorized,  in  her  said  capacity,  td 
receive  from  the  said  Nehemiab,  a  good  and  sufficient  deed 
of  the  said  four  acres  of  land,  with  the  appurtenances,  to 
her,  in  her  said  capacity,  and  to  the  heirs  and  assigns  of 
the  said  Sylvanus  Porter,  deceased,  whereby  the  same  shall 
be  holden  as  part  of  the  real  estate  of  said  deceased,  in  the 
same  manner  it  would  have  been,  if  conveyed  to  the  said 
Sylvanus  Porter  in  his  life  time. 


CHAP.  CII. 

JResolve  on  petition  of  Zebulon  Spaulding. 
February  5th,  1818. 

Mesolved,  For  reasons  set  forth  in  said  petition,  that  the 
Treasurer  of  this  Commonwealth  be,  and  he  is  hereby  di- 
rected to  issue  to  the  said  Zebulon  Spaulding,  a  new  state 
note  of  the  same  tenor  and  date,  as  the  note  lost,  that  is  a 
note  numbered  four  hundred  and  ninety,  and  dated  the 
fourth  of  September,  one  thousand  eight  hundred  and  ten, 
for  the  sum  of  ninety-seven  dollars  and  thirteen  cents,  and 
to  endorse  thereon  the  interest  that  has  been  paid ;  he  the 
said  Zebulon  Spaulding  first  making  affidavit  before  some 
Justice  of  the  Peace,  to  the  truth  of  the  facts  stated  in  his 
said  petition,  and  filing  the  same  in  said  Treasurer's  office, 
and  giving  bonds  to  said  Treasurer,  in  the  penal  sum  of 
three  hundred  dol\ars,  with  one  or  more  sureties,  to  secure 
the  Commonwealth  against  any  loss  that  may  happen  in 
consequence  of  the  renewal  of  said  note. 


CHAP.  cm. 

Resolve  respecting  Deaf  and  Dumb.     February  0th,  1818. 

The  Committee  of  both  Houses,  who  had  under  consid- 
eration the  report  of  the  Secretary  of  this  Commonwealth, 
relative  to  the  number  and  condition  of  the  deaf  and  dumb 
persons  within  the  same,  ask  leave  to  report, 

That  they  have  bestowed  all  that  attention  to  the  sub- 
ject, that  time  and  their  limited  means  of  infoimation  have 
afforded.     That  as  the  present  age  is  distinguishedi  for 


B.  HOUNSFIELD.— JFeft.  5,  1818.  497 

worlts  of  benevolence  and  philanthropy,  the  situation  of 
the  unhappy  persons  to  which  the  attention  of  the  Legisla- 
ture has  now  been  called,  is  far  from  being  unworthy  the 
notice  and  paternal  regard  of  the  government. 

Your  Committee  were  desirous,  not  only  of  communicat- 
ing with  intelligent  men  in  this  Commonwealth,  on  the 
subject  under  consideration,  but  to  extend  their  inquiry  to 
other  states,  as  it  is  known  that  in  the  state  of  Connecticut, 
an  institution  for  the  amelioration  of  the  condition  of  the 
deaf  and  dumb  has  commenced  its  operations  under  flatter- 
ing prospects  of  success ;  but  legislative  duties,  and  an 
approximation  to  the  close  of  the  session^  has  rendered  this 
object  of  your  Committee  unattainable. 

It  may  be  a  subject  not  unworthy  of  inquiry,  whether  one 
establishment  of  this  kind  would  not  be  sufficient  for  the 
New  England  States,  and  whether  some  or  all  of  those 
states  and  the  opulent  individuals  therein,  will  not  be  dis- 
posed to  contribute  toward  such  an  establishment :  There- 
fore your  Committee  ask  leave  to  offer  the'foUowing  resola^ 
tion,  which  is  submitted  by 

MARK  LANGDON  HILL,  Per  Order. 

Resolved,  That  the  Honorable  John  Phillips,  President 
of  the  Senate,  the  Honorable  Timothy  Bigelow,  Speaker 
of  the  House  of  Representatives,  and  the  Honorable  Rich- 
ard Sullivan,  be  a  Committee,  in  the  recess  of  the  Legisla- 
ture, to  consider  the  situation  and  circumstances  of  the  deaf 
and  dumb,  to  extend  their  Inquiries,  so  far  as  is  practicable 
as  to  the  views  of  the  neighboring  states  in  relation  to  this 
subject,  to  see  what  aid  this  Commonwealth  can,  in  their 
opinion,  consistently  bestow  in  promoting  an  institution  for 
improving  the  condition  of  these  persons,  and  the  most  eli- 
gible mode  of  carrying  the  same  into  effect— to  report  at  the 
first  session  of  the  next  General  Court. 


CHAP.  CIV. 

Uesolve  on  the  petition  of  Bartholomew  Hounsfield. 
February  5th,  1818. 

On  the  petition  of  Bartholomew  Hounsfield,  formerly  re- 
siding in  England;  and  now  residing  iu  the  (ity  of  New 
63 


498    DEERFIELD  RIV.  BRIDGE.— Fe6.  6,  1818. 

York,   in  the  state  of  New  York,  with  the   intention  of 
becoming  a  citizen  of  the  United  States  ; 

Resolved,  That  the  said  Bartholomew  Hounsfield  be,  and 
he  hereby  is  allowed  to  purchase  and  to  hold  in  fee  simple, 
lands  within  the  Commonwealth  of  Massachusetts,  the 
alienage  of  said  Hounsfield  notwithstanding. 


CHAP.  CV. 

Resolve  for  building  a  Bridge  over  Deerjteld  River, 
February  6th,  1818. 

On  the  petition  of  Benoni  Pratt  and  others, 
Resolved,  For  reasons  set  forth  in  said  petition,  that 
the  Court  of  Sessions  for  the  county  of  Franklin,  at  their 
next  term,  to  be  holden  at  Greenfield,  in  and  for  the  said 
county  of  Franklin,  on  Tuesday,  the  twenty. fourth  day  of 
March  next,  be  authorized  and  empowered  to  hear  any  pe- 
tition, statement  and  request,  from  any  person  or  persons, 
inhabitants  of  said  county,  praying  for  aid  and  assistance 
to  build  and  complete  a  bridge  at  the  Falls  over  Heerfield 
River,  between  the  towns  of  Shelburne  and  Buckland,  in 
said  county  :  And  the  said  Court  of  Sessions  are  hereby 
authorized  and  empowered  to  grant  and  allow  such  sum  of 
money  as  they  may  think  just  and  proper,  for  the  purpose 
abovementioned,  not  exceeding  the  sum  of  fifteen  hundred 
dollars ;  to  be  drawn  from  the  treasury  of  said  county,  to 
be  appropriated  toward  the  building  and  completing  said 
bridge,  at  the  place  aforesaid,  as  they  may  think  just  and 
proper.  And  if  they  consider  it  expedient,  to  appoint  an 
Agent,  to  superintend  the  laying  out  of  the  same. 

Resolved,  That  the  said  Benoni  Pratt  cause  a  copy  of 
this  resolve  to  be  published  in  the  Franklin  Herald,  pub- 
lished in  Greenfield  aforesaid,  in  two  successive  newspa- 
pers, before  the  time  for  holding  said  Court,  that  any  town 
within  said  county  may  appear  by  their  Agents  or  Attor- 
nies,  and  object  and  shew  cause,  if  any  they  have,  why  an 
allowance  ought  not  to  be  made  for  the  building  and  com- 
pleting sa<id  bridge. 


FAYETTE.— H.  C.  BROWN.— Fe&.  6,  1818.      499 


CHAP.  CVI. 

Resolve  confirming  the  records  and  doings  of  the  town  of 
Fayette,     February  6th,  1818. 

On  the  petition  of  the  Selectmen  of  the  town  of  Fayette, 
in  the  county  of  Kennebec,  in  behalf  of  said  town,  repre- 
senting, that  in  the  records  of  the  Selectmen's  warrants  for 
calling  town  meetings,  the  representations  of  the  seals  on 
said  warants  are,  in  several  instances,  omitted ;  and  in 
others,  the  Town  Clerk  has  not  attested  the  town  records. 
And  in  several  instances,  the  certificates  of  the  oaths  of 
those  who  were  sworn  into  office  are  not  recorded  or  pre- 
served in  any  other  way,  and  praying  relief  therein ; 
Therefore, 

Resolved,  For  reasons  set  forth  in  said  petition,  that  the 
records  and  doings  of  said  town,  and  the  doings  of  the 
officers  thereof,  are  hereby  confirmed,  and  made  good  and 
valid,  to  every  intent  and  purpose,  as  repects  their  records, 
any  supposed  defect  in  the  foregoing  particulars  notwith- 
standing. 


CHAP.  CVII. 

Resolve  on  the  petition  of  Henry  C  Brown. 
February  6th,  1818. 

.  THE  Committee  of  both  Houses,  to  whom  was  referred 
the  petition  of  Henry  C.  Brown,  praying  that  his  accounts 
against  the  Commonwealth  may  be  allowed  and  paid ;  re- 
port that  the  petitioner,  having  satisfied  the  Committee  that 
the  accounts  were  twice  forwarded  within  the  time  pre- 
scribed by  law,  to  persons  then  in  Boston,  to  be  laid  before 
the  Committee  on  Accounts,  but  from  unforeseen  and  una- 
voidable accidents,  it  was  not  done ;  the  Committee,  con- 
sidering that,  under  such  circumstances,  he  ought  not  to  be 
debarred  from  proving  his  claim,  recommend  passing  the 
following  resolve  : 

Resolved,  That  the  Committee  on  Accounts  be  authorized 
and  directed  to  receive  and  exajnine  the  accounts  of  Henry 


SQO     INDIANS.^L.  CRAWFORD.— JPe&.  6,  1818. 

C  Brown,  Esquire,  and  allow  bini  such  sura  or  siims,  as 
may  appear  to  tliem  justly  due  ou  his  accounts  agaiust  th«- 
Commonwealth,  notwithstanding  the  statute  of  limitations. 


CHAP.  CVIII. 

Resolve  on  petition  of  Indians  at  Christiantown. 
Fehruary  6th,  1818. 

On  the  petition  of  sundry  Indians  living  at  Christiantown, 
in  Dukes'  County, 

Resolved,  That  the  Guardians  appointed  in  pursuance  of 
an  act,  entitled  "  An  act  for  the  protection  of  the  Indians 
and  their  property,  in  that  part  of  Dukes'  County,  known 
by  the  name  of  Christiantown,"  be,  and  they  hereby  are  re- 
quired to  lodge  in  the  office  of  the  Secretary  of  this  Com- 
monwealth, within  three  months  from  the  passing  of  this  re- 
solve, an  account  of  all  lands  sold  by  the  Indians,  under 
their  guardianship,  with  consent  of  the  said  Guardians, 
since  the  passing  of  the  act  herein  named,  stating  particu- 
larly to  whom  sold,  and  the  consideration  paid  for  the  same, 
and  to  whom,  and  in  what  manner  paid  :  and  the  Secretary 
is  directed  to  lay  the  same  before  the  next  General  Cour^^ 
at  their  first  session. 


CHAP.   CIX. 

Mesolve  on  petition  of  Levi  Crawford, 
February  6tb,  1818. 

Upon  the  petition  of  Levi  Crawford,  representing  that  at 
the  term  of  the  Supreme  Judicial  Court  holden  at  Worces- 
ter, within  and  for  the  county  of  AVorcester,  on  the  fourth 
Tuesday  of  September  last,  he  recovered  judgment  against 
one  Benjamin  Read,  in  an  action  qui  tam,  upon  the  statute 
for  restraining  the  taking  of  excessive  usury,  for  the  sum  of 
one  hundred  and  fifty  dollars,  debt,  one  moiety  thereof  to 
the  use  of  the  Commonwealth  ;  and  that  the  whole  sum  of 
said  judgment  is  very  inadequate  to  his  indemnity  for  the 
costs  incurred  in  the  prosecution  of  said  action^  and  the  ex- 


REPORTS  S.  C— C.  PATTEN.— Fe6.  9,  1818.      50i 

cess  of  usury  paid  to  said  Read,  and  praying  that  the  Com- 
monwealth would  release  to  him  their  moiety  of  the  sum 
recovered  in  said  judgment  ; 

Resolved,  For  reasons  set  forth  in  said  petition,  that  the 
moiety  of  the  debt  recovered  in  the  action  aforesaid,  to  the 
use  of  the  Commonwealth,  be,  and  the  same  hereby  is  re- 
leased to  the  said  Levi  Crawford,  and  that  he  hereby  is  au- 
thorized to  receive  and  retain  the  same  to  his  own  use,  and 
to  discharge  the  execution  which  may  have  issued  on  said 
judgment  accordingly,  without  accountability  to  the  Com- 
monwealth for  any  part  thereof. 


CHAP.  ex. 

JResolve  further  directing  the  Secretary  of  State  in  the  pur- 
chase of  the  several  volumes  of  the  Reports  of  the  Decision 
qfthe  Supreme  Court.     February  9th,  1818. 

On  the  petition  of  William  Hilliard  and  Jacob  A.  Cum- 
mings,  proprietors  of  the  Massachusetts  Term  Reports, 
praying  for  an  additional  allowance  for  the  copies  of  said 
reports,  which  are  furnished  to  the  Commonwealth, 

Resolved^  For  reasons  set  forth  in  said  petition,  that  tht 
Secretary  be.  and  he  is  hereby  authorized  to  allow  and  pay 
fifty  cents  for  the  thirteenth  volume,  aud  for  the  next  sub- 
sequent volume  that  shall  be  published  by  said  proprietors 
of  the  Reports  of  Cases  argued  and  determined  by  the  Su- 
preme  Judicial  Court,  in  addition  to  the  sum  allowed  there- 
for, by  the  resolves  passed  the  fourteenth  and  twenty-sixtk 
of  February,  A.  D.  one  thousand  eight  hundred  and  eleven, 
and  that  the  price  shall  be  limited  to  two  dollars  and  sev- 
enty-five cents,  for  each  copy  of  said  work,  delivered  to  the 
Secretary  in  good  sheep  binding. 


CHAP.  CXI. 

JResolve  on  'petition  of  Christopher  Patten. 
February  9th,  1818. 

Resolved,  For  reasons  set  forth  in  said  petition,  that  there 
be  allowed  and  paid  out  of  the  treasury  of  tJiis  CommoR« 


503  GOVS.  MESSAGE,  &e.— JPe&.  11, 1818. 

wealth,  to  Christopher  Patten,  his  heirs,  executors,  admiu- 
istrators  and  assigns,  for  the  heucfit  of  him  and  his  hrethren 
in  Pittsfield,  called  Shakers,  one  hundred  and  twenty  dol- 
lars, for  time  and  expenses  in  pursuing  and  apprehending 
one  John  Eddy,  out  of  any  monies  that  now  are,  or  hereaf- 
ter  may  be  collected  upon  the  recognizance  of  the  said  John 
and  his  sureties,  in  which  tiie  said  John  stood  bound  to  ap- 
pear, before  the  Justices  of  the  Supreme  Judicial  Court,  at 
a  term  thereof,  begun  and  holden  at  Lenox,  within  the 
county  of  Berkshire,  on  the  second  Tuesday  of  September 
last  past,  to  answer  to  such  matters  and  things  as  might  be 
objected  against  the  said  John,  on  behalf  of  this  Common- 
wealth ;  and  more  especially  to  the  complaint  of  the  said 
Christopher,  for  stealing  a  horse,  which  recognizance  be- 
came forfeited  to  the  Commonwealth, 


CHAP.  cxn. 

Governor's  Message.     February  10th,  1818. 

Gentlemen  of  the  Senate^  and 

Gentlemen  of  the  House  of  Representatives, 

The  Secretary  will  lay  before  you  a  letter  I  have  received 
from  the  Governor  of  the  state  of  Tennessee,  and  sundry 
resolves  of  the  legislature  of  that  state. 

I  have  at  the  same  time  to  inform  you  that  Brigadier  Gen- 
eral Edward  Russell,  who  was  elected  by  the  two  branches 
of  the  legislature  on  the  fourth  of  the  present  month,  a  Ma- 
jor  General  to  command  the  twelfth  division  of  the  militia 
of  this  Commonwealth,  has  declined  to  accept  the  appoint- 
ment. J.  BROOKS. 

Council  Chamber,  February  10th,  1818. 

CHAP.  cxin. 

Resolve  confirming  the  doings  of  Jonathan  Perkins,  as  a 
Coroner  for  ICennebec  County.     February  11,  1818. 

Whereas  Jonathan  Perkins,  a  Coroner  of  the  county  of 
Kennebec,  has  neglected  to  give  bond  as  the  law  requires. 


INDIANS.— BRAINTREE.—Je&.  12,  1818.      503 

and  yet  has  served  divers  writs  and  processes,  and  per- 
formed other  oflScial  duties, 

Resolvedf  therefore,  That  all  writs  and  processes  which 
have  issued  from  good  and  lawful  authority,  directed  to  the 
Coroners  of  the  county  of  Kennebec,  and  which  have  been 
served  and  executed  by  the  said  Jonathan  Perkins,  and  all 
other  official  acts  by  him  done,  since  he  has  been  commis- 
sioned and  sworn,  shall  be  as  good  and  valid  as  if  he  had 
given  bond  according  to  law,  any  law  to  the  contrary  not- 
withstanding :  Provided,  that  nothing  herein  contained  shall 
be  construed  to  aifect  any  action  now  pending  for  the  neg- 
lect or  omission  of  the  said  Jonathan  Perkins,  or  impair 
his  personal  responsibilities  for  such  omission  or  neglect. 


CHAP.  CXIV. 

Keslove  granting  one  hundred  dollars  for  expenses  of  Fe- 
nobscot  Indians.     February  lltb,  1818. 

On  the  petition  of  the  Penobscot  tribe  of  Indians, 
Resolved,  That  there  be  paid  out  of  the  public  treasury 
of  this  Commonwealth,  to  Amasa  Davis,  Esquire,  Quarter- 
Master  General,  one  hundred  dollars,  to  enable  him  to  de- 
fray the  necessary  expenses  of  two  of  said  tribe  in  travelling 
to,  attending  upon,  and  returning  home  from  the  Greneral 
Court,  where  they  have  attended  the  present  session,  on  bu- 
siness, he  to  be  accountable  for  the  same. 


CHAP.  CXV. 

Resolve  confirming  the  records  and  doings  of  the  toicn  of 
Braintree.    February  13th,  1818. 

*^  On  the  petition  of  the  town  of  Braintree,  praying  for  the 
confirmation  of  the  records  and  proceedings  of  said  town, 
notwithstanding  certain  irregularities  and  neglects  respect- 
ing the  same ; 

Resolved,  For  reasons  set  forth  in  said  petition,  that  the 
records  and  proceedings  of  said  town  be,  and  the  same  are 
hereby  confirmed  and  made  valid  in  law,  to  all  intents  and 


«>t        TAXES  REMITTED.— FeJ.  13,  1818. 

purposes,  the  want  of  a  proper  record  of  the  return  of  the 
Constables,  who  have  warned  their  meetings  from  time  to 
time,  or  any  other  irregularities  or  neglects  respecting  the 
same,  notwithstanding. 


CHAP.  CXVI. 

Resolve  confirming  the  records  and  doings  of  the  First 
Parish  in  Braintree.     February  12th,  1818. 

On  the  petition  of  the  first  parish  in  Braintree,  praying 
for  the  confirmation  of  their  records  and  proceedings,  not- 
withstanding certain  irregularities  and  neglects  respecting 
them  ; 

Resolved,  For  reasons  set  forth  in  said  petition,  that  the 
records  and  proceedings  of  said  parish  be,  and  the  same 
are  hereby  confirmed  and  made  valid  in  law,  to  all  intents 
and  purposes,  the  want  of  a  proper  record  of  the  return  of 
the  Constables  who  have  warned  their  meetings,  from  time 
to  time,  or  any  other  irregularities  or  defects  respecting  the 
same,  notwithstanding. 


CHAP.  CXVII. 

Resolve  remitting  Taxes  to  sundry  places. 
February  13th,  1818. 

On  the  statement  of  the  Treasurer  of  this  Commonwealth, 
in  relation  to  taxes  appearing  by  his  book  to  be  due  from 
sundry  plantations  and  other  places  ; 

Resolved,  For  reasons  set  forth  in  said  statement,  that 
the  sum  of  seven  dollars  be  remitted  to  the  town  of  Lan- 
caster, in  the  county  of  Worcester ;  this  sum  appearing 
to  be  a  balance  due  on  a  tax  apportioned  on  said  town  in 
eighteen  hundred  and  five,  and  has  remained  undischarged 
through  error.  Also,  that  the  sum  of  thirty-eight  dollars, 
sixty- six  cents,  be  remitted  to  Little  River  Plantation,  (ai 
called)  in  ti  e  county  of  Lincoln,  s?tid  sum  having  been  ap- 
portioned on  said  plantation,  in  one  thousand  eight  bur  dred 
a^ud  eight,  being  after  said  plantation  was  annexed  to  the 


TAXES  REMITTED.— Fe&.  13,  1818.         505 

town  of  Lisbon.  Also  that  the  sum  of  seventy-one  dollars 
'  and  ninety-eight  cents  be  remitted  to  a  place  called  C  oUa- 
more's  Ridge,  in  the  county  of  Lincoln  aforesaid,  being  aa 
apportionment  set  to  said  ridge,  in  eighteen  hundred  and. 
twelve,  and  five  succeeding  years,  although  said  place  was 
annexed  to,  and  under  the  jurisdiction  of  the  town  of  Put- 
nam, previous  to  said  year  of  eighteen  hundred  and  twelve. 
Also  that  the  sum  of  sixty-nine  dollars,  thirty-two  cents  be 
remitted  to  Patrick  Town  Plantation,  and  is  the  amount  of 
assessments  laid  on  said  place,  in  eighteen  lumdrejl  and 
twelve,  eighteen  hundred  and  fifteen,  eighteen  hundred  and 
sixteen,  and  eighteen  hundred  and  seventeen  ;  although  re- 
solves were  passed  in  February,  eighteen  hundred  and 
fourteen,  and  February,  eighteen  hundred  and  fifteen,  .re- 
mitting to  this  place  such  tax  as  was  set  to  them  in  eight- 
een hundred  and  thirteen  and  eighteen  hundred  and  four- 
teen ;  and  excusing  them  from  paying  taxes  or  choosing 
plantation  officers,  until  further  order  of  the  General  Court. 
Also  that  the  sum  of  twenty-four  dollars  be  remitted  to  the 
inhabitants  of  Ervin's  Grant,  in  the  county  of  Franklin,  this 
sura  being  assessed  on  said  grant  in  eighteen  hundred  and 
fourteen,  although  this  place  was  not,  at  this  time,  so  organ- 
ized, as  to  choose  Assessors.  Also  that  the  sum  of  forty- 
eight  d(dlars  be  remitted  to  the  inhabitants  living  on  the 
gore  of  land  lying  nortli  of  Florida,  in  the  county  of  Berk- 
shire ;  and  said  sum  is  the  amount  of  taxes  assessed  on 
said  inhabitants,  for  six  years  next  preceding  the  year 
eighteen  hundred  and  eighteen ;  and  is  remitted  in  conse- 
quence of  there  not  being  any  Assessors  appointed  for  this 
place,  and  the  inability  of  said  iniiabitants  in  making  pay- 
ment. 

Also  it  is  further  resolved,  That  the  Honorable  Paniel 
Sargent,  Treasurer  as  aforesaid,  be,  and  he  hereby  is  em- 
powered and  directed  to  place  to  the  credit  of  the  aforesaid 
tax  debtors,  the  several  sums  remitted  to  them  respectively, 
in  order  that  his  books  be  closed  agreeable  to  the  tenor  of 
this  resolve. 

64 


006      NANTUCKET  ACADEMY.— i^e&.  IS    1818. 


CHAP.  CXVIII. 

Mesolve  on  petition  of  Proprietors  of  J\''antucJcet  Academy, 
February  13th,  1818. 

Upon  the  petition  of  Roland  Gelston  and  others,  being  a 
majority  in  number  and  value,  of  the  proprietors  of  the 
Nantucket  Academy,  praying  for  the  appointment  of  a 
Committee  to  settle  and  close  the  concerns  of  the  said 
academy,  the  same  having  ceased  to  be  in  operation,  ac- 
cording to  the  intent  of  the  act  of  incorporation  ; 

Resolved,  That  Roland  Gelston,  physician,  Robert  Fol- 
ger,  Peter  Chase,  David  U.  Giles,  and  Thomas  Hiller, 
merchants,  and  all  of  the  Island  of  Nantucket,  being  five 
of  the  proprietors  of  said  academy,  or  any  three  of  them, 
be,  and  they  hereby  are  authorized  and  empowered  to 
make  and  execute  a  deed  to  the  Commonwealth,  conveying 
and  releasing  all  right  which  the  said  proprietors  of  Nan- 
tucket Academy  now  have  in  their  corporate  capacity,  to 
the  one  half  of  a  township,  which  was  granted  to  said 
academy  in  the  act  of  incorporation,  bearing  date  the  third 
day  of  March,  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  one,  but  which  said  half  township  has  never 
been  located  or  assigned  to  said  proprietors.  And  the  said 
Roland  Gelston,  Robert  Folger,  Peter  Chase,  David  U. 
Giles,  and  Thomas  Hiller,  or  any  three  of  them,  are  here- 
by further  authorized  and  empowered  in  the  name  and 
behalf  of  said  corporation,  to  collect  all  debts  due  to  the 
same,  and  to  sell  at  public  auction  or  private  sale,  at  their 
discretion,  all  the  property,  real,  personal  or  mixed,  of  the 
said  corporation,  and  good  and  sufficient  deed  or  deeds, 
thereof,  to  execute  and  deliver  to  the  purchaser  or  purcha- 
sers of  the  same,  according  to  law.  And  after  paying  all 
debts,  and  all  the  reasonable  costs  and  charges  attending 
said  sale,  and  the  settlement  of  said  concerns,  the  net  pro- 
ceeds divide  to,  and  among  the  proprietors  and  their  repre- 
sentatives, according  to  their  several  and  respective  pro- 
portions of  the  same. 


CRIMINAL  CODE,  &c.—i^e&.  13,  1818.         507 


CHAP.   CXIX. 

liesolve  ajJpointing  a  Committee  to  revise  the  Criminal  Code, 
"February  13th,  1818. 

Seaolved,  That  the  Honorable  Isaac  Parker,  Honorable 
Charles  Jackson,  and  Honorable  Daniel  Davis,  Esquires, 
be,  and  they  hereby  are  appointed  a  Committee  to  revise  the 
criminal  code  of  this  Commonwealth,  to  collate  the  several 
laws  for  the  punishment  of  crimes  and  offences,  into  one  act, 
with  such  alterations  in  the  description  and  punishment  of 
offences,  as  they  may  deem  necessary,  and  to  report  the 
game  to  the  next  General  Court,  in  the  form  of  a  bill,  for 
the  consideration  of  the  Legi'ilature. 


CHAP.  CXX. 

liesolve  071  a  Report  of  the   Commissioners  of  the  Land 
Office.     February  13th,  1818. 

Whereas  the  Penobscot  tribe  of  Indians,  in  virtue  of  va- 
rious resolves  and  doings  of  the  government  of  Massachu- 
setts, are  in  possession  of  a  tract  of  land,  extending  on  both 
sides  the  Penobscot  River,  the  width  of  six  miles,  and  up 
said  river  from  the  north  line  of  the  nine  townships  of  land 
released  by  said  tribe  to  this  Commonwealth,  by  their  deed 
of  August  eighth,  one  thousand  seven  hundred  and  ninety- 
six,  an  indefinite  extent  up  said  river,  for  special  uses,  but 
excluded  from  the  right  of  cutting  timber  thereon ;  and  they 
are  in  the  continual  exercise  of  acts  of  absolute  ownership 
thereof,  by  selling  and  disposing  of  timber,  to  the  great  dim- 
inution of  the  value  of  the  lands,  and  the  exclusion  of  all  set- 
tlements thereon,  and  no  part  thereof  is  cultivated  for  their 
use  ;  the  connexion  which  this  tribe  have  with  the  afore- 
said lands  operates  to  prevent  settlements  on  the  adjoining 
lands  of  the  Commonwealth,  and  presents  a  material  obsta- 
cle to  the  sale  and  settlement  of  the  public  lands  in  that 
section  of  the  District  of  Maine  ;  and  this  tribe,  notwith- 
standing the  many  advantages  of  hunting,  fishing,  and  of 
cultivating  their  cleared  ground  on  the  fertile  islands  they 
«wn,  by  aid  that  hath  been  afforded  by  the  government  of 


508        PENOBSCOT  INDIANS.— Fe&.  13,  1818. 

this  rommonwealth,  to  instruct  them  in  the  arts  of  hus- 
bandry, with  the  addition  of  the  regular  payment  of  a  con- 
siderable annuity  for  the  lands  by  them  released  as  afore- 
said ;  are  poor  and  destitute,  as  is  abundantly  proved  by 
their  frequent  applications  to  the  General  Court  for  relief. 
To  provide  for  the  more  comfortable  support  of  said  tribe 
of  Indians,  and  a  more  advantageous  accommodation  for 
the  surplus  population  of  the  old  towns  in  Massachusetts, 
by  settling  on  this  valuable  territory,  than  can  be  found 
elsewhere  ;  and  the  said  tribe  having,  by  their  petition  to 
the  Legislature,  in  the  present  session,  manifested  a  desire 
to  release  their  claims  to  ten  townships  of  said  land  to  the 
Commonwealth  ;  it  has  become  the  duty  of  tlie  Legislature 
at  this  time,  to  provide  for  extinguishing  their  claim  to  a 
proportion  of  the  aft>resiid  l.wids  ;  and  it  being  consonant 
to  usage,  and  the  expectation  of  all  Indian  tribes,  and  the 
peculiar  desire  of  this  Legislature,  that  all  business  trans- 
actions with  the  said  tribe  of  Indians  shall  be  conducted  in 
an  open,  public  and  deliberate  maimer,  with  a  view  to  their 
beneSt,  by  giving  them  an  equivalent  for  whatever  riglits 
they  may  relinquish,  in  articles  of  substatitial  use  and  ben- 
efit to  them,  and  in  providing  means  to  improve  their  habits 
and  condition  in  life,  in  a  manner  satisfactory  to  themselves, 
and  advantageous  to  the  CtHnmonwealili  ;  Therefore, 

Res:)li'edj  That  his  Kxcellency  the  Grovernor,  with  ad- 
vice of  Council,  be,  and  he  hereby  is  authorized  and  era- 
powered  to  appoint  and  commission  three  suitable  persons, 
to  treat  with  the  Penobscot  tribe  of  Indians,  at  Bangor,  on 
the  last  VV^ednesday  of  June  next,  and  at  such  other  times 
and  places  as  shall  be  mutually  agreed  upon,  for  the  pur- 
pose of  examining  into  the  circumstances  and  situation  of  the 
said  tribe  of  Lidians,  and  the  lands  they  possess  ;  and  de- 
vising and  arranging  some  means,  for  improving  their  con- 
ditions as  men,  and  of  agreeing  with  them  for  a  relinquish- 
ment of  their  right  and  claim  to  such  parts  of  the  land  on 
both  sides  the  iPenobscot  Kiver,  and  such  islands  in  said 
river,  as  the  tribe  now  possess  or  claim,  and  shall  be  in- 
clined voluntarily  and  freely  to  dispose  of,  for  an  equiv- 
alent to  be  agreed  upon  with  them ;  payment  not  ex- 
ceeding live  hundred  dollars  in  cash,  and  the  residue  annu- 
ally, at  said  river,  in  articles  of  necessary  use  for  their  sup- 
port, and  in  providing  means  for  the  improvement  of  the 
temporal  condition  of  said  tribe,  with  power  and  authority 


B.  FRYE.— 3.  ALLEN.— Pe&.  14,  1818.  509 

to  receive  from  said  tribe,  to  the  use  of  the  Commonwealth, 
deeds  of  conveyance  and  release  of  all  such  lands,  and  to 
execute  to  tliemin  behalf  of  the  Commonwealth,  any  deeds, 
contracts  and  covenants  that  may  be  necessary  to  the  full  ex- 
ecution of  the  powers  and  duties  of  their  appointment ;  and 
said  Commissioners  are  further  authorized  and  empowered 
to  agree  with  said  tribe  of  Indians,  as  to  the  faiure  posses- 
sion of  any  lands  on  or  near  said  river,  and  to  determine 
the  tenure  by  wiiich  they  shall  hold  and  use  the  same,  and 
to  agree  upon  and  fix  the  bounds  and  extent  thereof. 

Jlnd  be  it  further  resolved.  I'hat  there  be  paid  out  of  the 
public  treasury  to  said  Commissioners  the  sum  of  six  hun- 
dred dollars,  to  enable  them  to  perform  the  duties  hereby 
assigned  them,  they  to  be  accountable  to  the  General  Court 
for  the  same  within  one  year  ;  and  the  Quarter- Master  Gen- 
eral is  hereby  directed  to  provide  said  Commissioners  with 
such  articles  as  they  shall  require  of  him,  to  enable  them  to 
pursue  and  eifect  the  business  of  their  appointment. 


CHAP.  CXXL 

KesGlve  on  the  petition  of  Benjamin  Frye. 
February  11th,  1818. 

Resolved^  For  reasons  set  forth  in  said  petition,  that  there 
be  allowed  and  paid  out  of  the  treasury  of  this  Common- 
wealth, unto  Benjamin  Frye,  of  Kittery,  the  sum  of  forty- 
four  dollars,  in  full  for  medicine,  attendance,  board  and 
nursing,  while  called  out  to  do  military  duty  in  the  detached 
militia,  in. the  year  one  thousand  eight  hundred  and  fourteen. 


CHAP.  CXXII. 

Resolve  on  the  memorial  of  Honorable  Joseph  Allen, 
February  i4th,  1818. 

Resolved^  That  the  Honorable  Joseph  Allen,  of  Worces- 
ter be,  and  he  hereby  is  appointed  the  Agent  of  this  Com- 
monwealth, with  authority  to  sell  and  convey,  by  good  and 
sufficient  deed  or  deeds,  all  the  right,  title  and  interest  the 


510   K.  WHITMAN:— W.  LEWIS.— JF'e6.  17,  1818. 

Common  wealth  has,  by  virtue  of  mortgage  deeds  made  and 
executed  by  Henry  Prentice  and  Bartholomew  Cheever, 
both  of  Princeton,  in  the  county  of  Worcester^  and  to  cer- 
tain lands  described  in  said  deeds,  with  full  power  to  lease 
the  said  lands,  until  the  same  can  be  sold  ;  the  said  Agent 
to  sell  or  lease  the  same  together,  or  in  parcels,  as  shall,  in 
his  judgment,  be  most  beneficial  to  the  Commonwealth  ; 
and  in  case  of  sale  of  all  or  any  of  said  lands,  the  said 
Agent  is  hereby  authorized  to  accept  one  tenth  part  of  the 
purchase  money  at  the  time  of  sale,  and  the  residue  to  be 
payable  at  such  time  as  he  may  agree  with  the  purchaser, 
or  purchasers,  not  exceeding  three  years  from  the  time  of 
sale,  with  lawful  interest  thereon,  to  be  secured  by  mort-'' 
gage,  or  in  such  other  way  as  the  said  Agent  may  consider 
best  for  the  interest  of  this  Commonwealth  ;  the  said  Agent 
to  account  with  the  Treasurer  of  this  Commonwealth,  for 
the  time  being,  for  the  proceeds  of  any  sale  or  lease  which 
he  may  make  of  the  lands  aforesaid,  or  any  part  thereof, 
after  deducting  his  account  of  expenses  attending  the  same  ; 
■which  account  the  said  Treasurer  is  hereby  authorized  to 
audit  and  settle  with  the  said  Agent,  on  behalf  of  this  Com- 
monwealth. 


CHAP.  CXXIII. 

Resolve  granting  compensation  to  Kilborn  Whitman^  Ks, 
quire,  for  services  and.  expenses,  as  Jlgent  of  the  Com- 
monwealth.     February  l6th,  1818. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  trea- 
sury of  this  Commonwealth,  to  Kilborn  Whitman,  Esquire, 
one  hundred  and  fifteen  dollars  and  twenty-five  cents,  in 
full  for  his  services  and  expenses,  as  Agent  for  this  Com- 
monwealth, under  the  resolve  of  June  eleventh,  A,  D.  one 
thousand  eight  hundred  and  seventeen. 


CHAP.  CXXIV. 

Resolve  on  petition  of  Winslow  Lewis  Sind  others. 
February  17th,  1818. 

Resolved,  That  the  voluuteer  company  of  Sea  Fencibles, 


J.  iMcMILLAN.— G.  REED.—Feft.  17,  1818.      011 

raised  under  the  resolve  of  the  sixtli  day  of  June,  one  thou- 
»and  eight  hundred  and  seventeen,  shall  consist  of  those 
who  are  or  have  been,  or  may  hereafter  be  masters,  mates 
or  supercargoes  of  vessels  ;  provided  that  the  number  who 
have  been  only  supercargoes,  shall  never  exceed  one  eighth 
of  the  whole  company. 


CHAP.  CXXV. 

Resolve  to  suspend  th&  prosecution  of  the  sureties  of  John 
McMillan,  late  Sheriff  of  Oxford.  February  17th,  1818. 

On  the  petition  of  Daniel  Clement  and  Henry  Y.  B.  Os- 
good, two  of  the  sureties  of  John  McMillan,  late  Sheriff  of 
the  county  of  Oxford,  now  deceased,  representing  that  the 
estate  of  said  McMillan  appears  to  be  insolvent  and  is  un- 
settled, and  praying  that  they  may  be  indulged  with  a  de- 
lay of  payment  of  the  sum  which  the  sureties  of  the  said 
Sheriff  are  holden  to  pay  for  him,  to  this  Commonwealth  : 

Resolved,  For  reasons  set  forth  in  said  petition,  that  the 
sureties  of  John  McMillan,  late  Sheriff  of  the  county  of 
Oxford,  be  allowed  until  the  third  Wednesday  of  the  sec- 
ond session  of  the  next  General  Court  of  this  Common- 
wealth, to  pay  the  sum  which  they  are  holden  to  pay,  as 
sureties  of  the  said  Sheriff ;  and  that  the  Treasurer  of  this 
Commonwealth  be,  and  he  is  hereby  directed  to  suspend 
the  prosecution  of  the  sureties  of  said  Sheriff  accordingly. 


CHAP.  CXXVI. 

Resolve  on  petition  of  George  Reed,     February  17th,  1818. 

Resolved,  For  reasons  set  forth  in  said  petition,  that  forty 
dollars  be  granted  and  paid  out  of  the  public  treasury  to  the 
said  George  Reed,  from  the  money  which  the  Common- 
wealth has  received  from  the  forfeiture  of  the  recognizance 
of  Aaron  Whitney,  wherein  he  was  bound  to  appear  at  the 
Municipal  Court  for  the  town  of  Boston  ;  and  his  Excel- 
lency the  Governor  is  requested  to  issue  a  warrant  on  the 
Treasurer  for  the  payment  thereof  accordingly. 


512    GOVERNOR'S  MESSAGE,  &c.— JPe&.  17, 1818. 

CHAP.  CXXVII. 

JResolve  conjirmivg  the  doins;s  of  the  town  of  Cornville. 
February  17th,  1818. 

On  the  petition  of  the  Selectmen  of  Cornville, 
liesolved,  For  the  reasons  set  forth  in  the  said  petition, 
that  tlie  doings  of  the  said  town  of  Cornville  be,  and  they 
are  hereby  confirmed  and  made  valid,  the  omission  of  the 
recording  the  warrants  for  calling  town  meetings,  the  omis- 
sion of  the  seals,  and  the  attestation  of  the  Town  (Uerks, 
and  swearing  the  town  officers,  and  being  in  some  instances 
informal  and  illegal,  notwithstanding  :  Provided  however, 
that  n<»thing  shall  be  hereby  understood  or  extend  to  affect 
any  action  or  cause  now  pending  before  any  Justice  of  the 
Peace,  or  in  any  Judicial  Court. 


CHAP,  dxxviii. 

Governor's  Message,    February  17th,  1818, 

Gentlemen  of  the  Senate^  and 

Gentlemen  of  the  House  oj  Representatives^ 

The  Secretary  will  lay  before  you,  two  letters  from  the 
Governor  of  the  state  of  Vermont,  dated  the  twenty-fourth 
of  January  last;  one  of  them  relating  to  an  amendment  of 
the  Constitution  of  the  United  States,  proposed  by  this 
state.  The  other  relating  to  an  amendment  of  the  Consti- 
tution of  the  United  States,  proposed  by  the  state  of  Ken- 
tucky ;  together  with  sundry  resolves  of  the  Legislature  of 
Vermont  upon  those  subjects. 

J.  BROOKS. 

Council  Chamber,  February  17th,  1818. 


CHAP.  CXXIX. 

Resolve  directing  the  conveyance  of  Eastern  Lands. 
JfVbriiary  17th,   1818. 

On  the  representation  of  the  Commissioners  of  the  Land 
Office, 


EASTERN  LANDS.— JP'eft.  17,  1818.  513 

Resolved^  That  said  Commissioners  be,  and  hereby  are 
authorized,  on  the  tetms  and  conditions  expressed  in  an 
act  for  promoting  the  sale  and  settlement  of  the  public 
lands  in  the  District  of  Maine,  to  convey  to  any  applicants, 
not  exceeding  fifteen  in  number,  who  shall  within  one  year 
from  the  date  hereof,  undertake  and  commence  a  settlement 
on  the  public  lands,  adjoining  the  new  road  from  Kennebec 
towards  Canada,  and  bounding  on  or  near  Moose  River, 
each  one  hundred  acres  ;  and  the  like  quantity  to  a  like 
number,  who  shall  within  that  time,  undertake  and  com- 
mence a  settlement  on  said  lands,  on  some  central  situation, 
to  be  determined  upon  by  said  Commissioners,  between  the 
rivers  Penobscot  and  St.  John's,  to  be  laid  out  in  lots  eon'- 
tiguoas  to  each  other,  or  otherwise,  as  said  Commissionecs 
shall  judge  best  calculated  to  promote  the  settlement  of  the 
public  lands  in  the  District  of  Maine,  any  provisions  of  law 
to  the  contrary  notwithstanding. 

And  be  it  further  resolved^  That  there  be,  and  hereby  is 
granted  the  sum  of  five  hundred  dollars,  to  be  paid  out  of 
the  public  treasury,  to  the  Commissioners  of  the  Land 
Ofiice,  to  be  laid  out  and  expended  under  their  direction,  to 
erect  a  saw  mill,  forty-five  feet  in  length,  and  eighteen  ia 
width,  with  a  grist  mill  under,  or  adjoining  the  same,  on 
Hale's  Stream,  (so  called)  as  near  as  may  be  to  Moose 
River  ;  provided,  persons  of  sufiicient  responsibility,  in  the 
opinion  of  said  Commissioners,  sliall  undertake  to  build  the 
necessary  dams,  and  complete  said  mills  fit  for  use,  within 
two  years,  receiving  the  benefit  of  this  appropriation.  And 
when  the  same  shall  be  completed,  said  Commissioners  are 
hereby  authorized  to  convey  to  the  party  performing  the 
same,  fifty  acres  of  land  contiguous  to  said  mills,  and  in- 
cluding in  the  deed  thereof,  one  half  the  stream  and  privi- 
lege necessary  to  said  mills  ;  and  the  use  and  improvement 
of  said  mills  shall  exclusively  belong  to  the  party  building 
the  same. 

And  be  it  further  resolved.  That  whereas  the  appropria- 
tion made  by  a  resolve  of  the  thirteenth  of  June  last,  for 
Ihe  purpose  of  opening  a  road  from  the  Penobscot  River  to 
the  public  grants  on  the  eastern  line  of  this  Commonwealth, 
is  found  to  be  insufficient,  and  the  public  interest  requires 
that  the  same  be  pursued  to  the  full  extent  contemplated  by 
said  resolve,  that  said  Commissioners  be,  and  they  hereby 
are  authorized  to  apply  any  monies  that  may  come  into 
65 


514     OLD  COLONY  RECORDS.— Fe6. 17tb,  1818. 

their  hands  from  the  sale  of  lands  or  timber,  to  the  objects 
and  duties  pointed  out  by  said  resolve,  not  exceeding  three 
thousand  dollars,  and  render  an  account  of  the  application 
and  expenditure  of  the  same  to  the  General  Court,  at  the 
session  next  to  be  holdeu  after  any  such  expenditure. 

And  be  it  further  resolved^  That  said  Commissioners  be, 
and  they  hereby  are  authorized  and  directed,  in  the  most 
economical  manner  that  is  practicable,  to  cause  to  be  opened 
and  made,  a  road  through  the  several  tracts  of  land  belong- 
ing to  the  Commonwealth,  adjoining  the  east  side  of  Pe- 
nobscot River,  and  south  of  the  Passadumky  Stream,  of 
such  dimensions  as  said  Commissioners  shall  judge  vt^ill 
best  promote  the  sale  and  settlement  of  those  lands,  from 
the  proceeds  of  any  lands  which  they  may  sell  within  the 
nine  townships  of  land  on  Penobscot  river,  the  sale  of  which 
was  authorized  by  another  resolve  of  the  thirteenth  of  June 
last ;  provided  that  such  expenditure  does  not  exceed  the 
sum  of  two  hundred  dollars  per  mile. 


CHAP.  CXXX, 

Resolve  for  copyipg  Old  Colony  jRecords, 
February  17th,  1818. 

THE  Committee  of  Senate,  to  whom  was  referred  an  or- 
der respecting  the  records  of  the  Old  Colony,  and  a  report 
of  a  former  Committee  thereon,  have  had  the  same  under 
consideration,  and  report,  that  upon  inquiry,  they  find  that 
the  records,  files  and  other  documents  of  the  Colony  of 
Plymouth,  were,  upon  the  union  of  that  Colony  writh  the 
province  of  Massachusetts  Bay,  left  in  the  Colony.  Your 
Committee  have  not  been  able  to  find  what  arrangement 
was  made  respecting  them  by  the  Colony  before  the  union, 
or  by  the  Province  afterwards  ;  but  the  same  remain,  and 
are  now  deposited  in  the  office  of  the  Registry  of  Deeds,  ia 
the  county  of  Plymouth  ;  and  this  Committee  have  not  been 
able  to  learn  wiiat  part  of  said  records,  or  what  portion 
of  the  said  files  and  documents  are  valuable  or  may  be 
useful,  to  the  legislator,  the  historian,  or  the  antiquarian  5 
that  it  will  not  be  proper  to  proceed  to  transcribe  said  rec- 
ords, or  any  part  of  them,  until  a  previous  examination  has 
l)een  made,  and  the  General  Court  fully  informed  how  faif 


JACOB  KUHN.— Fe5.  17,  1818.  515 

the  Commonwealth  are  interested  therein,  or  how  far  it  may 
be  useful  to  remove  the  collection  to  the  Secretary's  Office, 
that  more  convenient  access  may  be  had  to  them,  by  all 
persons,  or  how  far  it  may  be  useful  to  multiply  copies  by- 
transcribing  or  printing  the  whole  records,  or  any  part  of 
them.  That  the  General  Court  may  obtain  that  informa- 
tion, the  Committee  ask  leave  to  submit  the  foUowing  res- 
olution. SAMUEL  DANA,  Chairman, 

Resolved,  That  James  Freeman,  D.D.  Benjamin  R  Nich- 
ols, Esquire,  of  Salem,  and  Mr.  Samuel  Davis,  of  Plym- 
outh, or  any  one  or  more  of  them,  be,  and  they  are  heieby 
authorized  and  empowered  to  examine  the  said  records, 
files  and  documents,  and  if  they  shall  find  the  same  of  right 
belonging  to  tlie  Commonwealth,  they  shall  have  power  to 
take  the  same  into  their  custody,  f(»r  the  purpose  of  a  full 
examination ;  and  they  are  requested  to  report  how^  far,  in 
their  opinion,  it  may  be  proper  to  have  the  same  deposiled 
in  the  archives  of  the  Secretary  of  the  State,  for  the  use  of 
legislators,  historians,  and  antiquarians,  and  how  far  it  may 
be  useful  to  multiply  copies  of  the  whole  or  any  parts  of 
them,  for  the  use  of  all  the  people  :  and  they  are  requested 
to  report  an  estimate  of  the  expense  of  printing  such  part  as 
they  may  find  it  is  proper  to  have  printed.  And  they  are 
further  requested  to  make  a  full  report  in  the  premises,  at 
the  first  session  of  the  next  General  Court,  and  to  lay  tlieir 
accounts  for  their  expense  and  services  before  the  Commit- 
tee on  Accounts,  for  allowance. 

Resolved,  That  the  Secretary  of  the  Commonwealth  be, 
and  he  hereby  is  directed  to  deliver  a  copy  of  this  resolution 
to  any  member  of  the  said  Committee,  as  soon  as  may  be. 


CHAP.  CXXXI, 

Resolve  making  further  alloivance  to  Jacob  Kuhn,  Messen- 
ger,    February  17th,  1818. 

Resolved,  That  there  be  allowed  and  paid  out  of  the 
public  treasury  of  this  Commonwealth,  to  Jacob  Kuhh,  Mes- 
senger of  the  General  Court,  the  sum  of  two  hundred  and 
fifty  dollars  ;  which,  with  the  sum  already  allowed  him, 
shall  be  in  full  for  his  services  the  present  year,  ending  the 
thirtieth  day  ef  May  next. 


516        RECORDS.— D.  COBB.— I^e6.  17,  1818. 


CHAP.  CXXXII. 

liesolve  to  eonjlrm  the  records  of  the  town  of  King  field, 
February  17th,  1818. 

On  the  petition  of  the  Selectmen  of  Kingfield, 
Resolved,  For  reasons  set  forth  in  the  said  petition,  that 
the  proceedings  and  records  of  Plantation  Number  Three, 
west  side  of  Kennebec  River,  first  range  of  townships,  now 
Kingfield,  be,  and  hereby  are  confirmed,  and  made  valid, 
any  defect  or  omission  in  their  records  notwithstanding. 


CHAP.  CXXXIII. 

Mesolve  to  confirm  the  records  of  the  town  of  Solon, 
February  17th,  1818. 

On  the  petition  of  the  town  of  Solon, 

Resolved,  For  reasons  set  forth  in  said  petition,  that  the 
records  of  the  town  of  Solon  be,  and  hereby  are  confirmed 
and  made  valid,  the  omission  of  recording  the  oaths  of  the 
town  officers  notwithstanding. 


CHAP.  CXXXIV. 

Resolve  on  the  petition  of  D.  Cohb,    February  17th,  1818. 

THE  joint  Committee  of  both  Houses,  on  the  memorial 
of  David  Cobb,  Esquire,  Agent  to  the  Trustees  of  the  es- 
tate of  the  late  William  Bingham,  Esquire,  having  attended 
to  the  memorial,  heard  the  statements  of  the  memorialist, 
and  examined  the  tax  acts  since  the  last  valuation,  find,  that 
the  five  million  acres  sold  to  said  William  Bingham,  on 
Kennebec  River,  has  been  taxed  to  the  state,  as  follows  : 

For  1812,       ~        -        -        -        -     S145  33 

From  which  ought  to  be  deducted^ 
the  proportion  of  said  tax  assessedf       j     50-Leaves  S131  8S 
on  tour  and  a  halt  townships  sold^f 
including  the  town  of  Kingsfield, 


D.  C015B.— l^c&.  17,  1818. 


ffiy 


For  1813, 

Deduct  tax  on  Kingsfield,  and  land 
sold  as  above,    -    -    - 

I 

145  S3 

16  50- 

-Leaves 

128  8S 

For  1814,     ...    - 
Deduct  as  above, 

„ 

197  33 

23  33- 

-Leaves 

174  00 

For  1815,     .    -    -    - 
Deduct  as  above, 

„ 

197  33 
23  33- 

-Leaves 

174  OQ 

For  1816,     .... 
Deduct  as  above. 

• 

197  33 
23  33- 

-Leaves 

174  GO 

For  1817,     -    .    -    - 
Deduct  as  above, 

- 

197  33 
23  33- 

-Leaves 

174  00 

Amount  of  taxes  for  said  years,  on  the  part  of  said  >       aqna  f:r 
million  acres,  in  the  care  of  said  agent,  ^       »yoo  Oo 

That  the  taxes  on  the  one  million  acres  sold  to  said  Wil- 
liam Bingham,  in  the  counties  of  Hancock  and  Washing, 
ton,  are  as  follows^  viz. :  in  Hancock  County, 

For  1812,       -        -        -        -        -        54  52 
DeducttaxonNo.  10,  adjoining  Steuben,  2  18 — Leaves   g52  34 

For  18 1 3,  including  Representatives  pay,  68  15 

Deduct  for  tax  on  No.  10,  on  Maria-  ^ 
ville,  and  land  sold,  amounting  to  seven  >  19  1 1 — Leaves     49  04 


townships. 
For  1814, 

Deduct  as  above, 

For  1815,       - 

Deduct  as  above,     - 

For  1816, 

De  'utt  as  above. 
For  1817,       - 

Deduct  as  above, 


66  67 

18  34 — Leaves 

66  67 

18  34 — Leaves 

66  67 

18  34 — Leaves 

66  67 

18  34 — Leaves 


48  33 

48  33 
48  S3 

48  33 

Amount  of  taxes  for  six  years,  on  lands  sold  to  William^ 

Bingham,  in  county  of  Hancock,  and  remaining  with  >  g294  70 
the  Trustee,  3 

That  the  taxes  on  that  part  of  said  million  acres  in  Wash- 
ington County,  viz. : 

For  1812, g48  53 

Deduct  for  one  and  three  quarter)  o  en     t  «o.r^.      ac  no 

townships,  sold,       -        -        -        \         ^  50-Leaves      45  03 

For  1813,  including  Representatives  pay,  60  61 

Deduct  as  above,         -        -        -         4  22 — Leaves      55  39 


For  1814,    - 
Deduct  as  above, 


48  00  i 

3  50— Leaves     44  50 


518                    D.  COBB.— li'e&.  ly,  181^. 

For  1815, 48  00 

Deduct  as  above,         -        -        -  3  50 — Leaves      44  50 

For  1816, 48  00 

Deduct  as  above,          -        -        -  3  50 — Leaves      44  50 

For  18J7,    -        -        -        -        i*  48  00 

Deduct  as  above,         -         .        -  3  50 — Leaves      44  50 


Amount  of  taxes  on  lands,  sold  to  William  Bingham,  ^ 

in  Washington  County,  after  deducting  those  on  >  S278  42 
lands  sold,  y 

Whole  amount  of  taxes,  for  six  years,  assessed  on  lands 

sold  to  William  Bingham,  on  Kennebec  River,  SI 079  OS 

Deduct  for  tax  assessed  on  Kingsfield, 

and  on  land  sold,         -         -         -     §123  32 
Balance  of  taxes  remaining  on  land, 

in  hands  of  Trustee,  -        -        '956  66—  S1079  93 

Whole  amount  of  taxes,  for  six  years,  assessed  on  lands 

sold  to  William  Bingham,  in  Hancock  County,  S389  35 

Deduct  for  taxes  on  Mariaville,   and 

lands  sold,  ....       g94  65 

Balance  of  tax  remaining  on  lands  in 

hands  of  Trustee,       -         -        -       294  70—  S389  35 

Whole  amount  of  taxes,  for  six  years,  assessed  on  lands 

sold  to  William  Bingham,  in  Washington  County,       S301  14 

Deduct  taxes  on  land  sold,    -        -         S22  72 
Balance  of  taxes  on  lands  remaining  in 

hands  of  Trustee,      -        -         -        278  42—  gSOl   14 

Total  amount  of  Taxes  assessed,       -        -        -  gl770  47 

Total  amount  of  deductions,         -        -        -        -  240  69 


Total  of  balance  due  from  Trustee  of  said  lands,  815^9  78 

The  Committee  are  aware  tliat  the  foregoing  statement  is 
not  perfectly  correct,  and  the  lands  sold  to  said  William 
Bingham  are  so  connected  with  lands  belonging  to  the  ad- 
venturers in  the  late  land  lottery,  and  with  towns  incorpo« 
rated,  and  plantations  which  are  separately  taxed,  although 
within  the  limits,  and  a  part  of  the  said  two  million  acres, 
that  it  is  not  easy,  if  practicable,  to  make  a  correct  division 
of  the  taxes  already  assessed. 

A  large  proportion  of  the  deductions  made  in  the  fore- 
going statement,  will  be  received  (if  they  have  not  already 
Heen  paid)  by  towns  and  plautatious^  on  which  they  were 


D.  COBB.— Je&.  17,  1818.  518 

assessed  ;  and  were  not  deducted  from  the  sums  assessed  on 
the  lands  sold  to  said  William  Bingham.  The  Committee 
therefore  ask  leave  to  report  the  following  resolve^  which 
is  respectfully  submitted. 

ISRAEL  BARTLETT,  Per  Order. 

Hesolved,  That  upon  the  payment  of  nine  hundred  and 
flfty-six  dollars  and  sixty-six  cents,  into  the  treasury  of 
this  Commonwealth,  by  the  Agent  or  Trustee  of  the  lands 
sold  to  William  Bingham  upon  Kennebec  River,  now  in 
the  county  of  Somerset,  the  Treasurer  shall  give  a  receipt 
therefor,  in  full  of  all  taxes  assessed  by  the  government  to 
the  state  taxes  and  Representatives'  pay  for  the  years 
eighteen  hundred  and  twelve,  thirteen,  fourteen,  fifteen,  six- 
teen and  seventeen,  on  said  lands^ 

Resolved,  That  upon  the  payment  of  two  hundred  and 
ninety. four  dollars  and  seventy  cents,  into'the  treasury  of  this 
Commonwealth,  by  the  Agent  or  Trustee  of  the  lands  sold 
to  William  Bingham  in  the  county  of  Hancock,  the  Trea- 
surer shall  give  a  receipt  therefor,  in  full  of  all  taxes  assess- 
ed by  the  government  to  the  state  ta?ies  and  Representatives' 
pay  for  said  years,  on  the  said  lands. 

Resolved,  That  upon  the  payment  of  two  hundred  and 
seventy-eight  dollars  and  forty-two  cents,  into  the  treasury 
of  this  Commonwealth,  by  the  Agent  or  Trustee  of  the  lands 
sold  to  William  Bingham,  in  the  county  of  Washington, 
the  Treasurer  shall  give  a  receipt  therefor  in  full  of  taxes 
assessed  by  the  government  to  the  state  taxes  and  Rcpre- 
sentatives'  pay  for  said  years,  on  said  lands. 

Resolved,  That  if  the  said  Agent,  or  Trustee,  shall  neg- 
lect to  pay  into  the  treasury  of  this  Commonwealth,  the  sev- 
eral suras  aforesaid,  amounting  to  fifteen  hundred  and  twen- 
ty-nine dollars  and  twenty-eight  cents,  on  or  before  the 
first  day  of  June  next,  then  the  Treasurer  of  said  Common- 
wealth shall  proceed  to  collect  the  same  in  the  way  and 
manner  prescribed  by  law. 

Resolved,  That  until  a  new  valuation  shall  be  made,  the 
Agent  or  Trustee  of  the  lands  sold  to  said  William  Bingham, 
on  Kennebec  River,  on  paying  into  the  treasury  one  hun- 
dred and  seventy-four  dollars  annually,  (should  the  state 
tax  be  the  same  as  has  been  assessed  for  four  years  past) 
and  in  that  proportion  on  a  greater  or  less  sum,  deducting 
therefrom  such  proportion  thereof  as  should  be  assessed  on 


520        BOSTON  MER.  BANK.— Fe&.  17,  1818. 

tbe  towns  of  North  Hill,  Bingham  and  Moscow,  and  on 
other  towns  that  may  be  incorporated,  or  plantations  that 
may  be  assessed,  lying  within  the  lands  sold  to  said  Wil- 
liam Bingham,  the  Treasurer  shall  give  a  receipt  for  the 
same,  in  full  of  all  state  taxes  on  said  lands. 

Resolved,  That  until  a  new  valuation  shall  be  made,  the 
said  Agent  or  Trustee  paying  into  the  treasury,  annually, 
sixty-six  dollars  and  sixty-seven  cents,  so  long  as  the  state 
tax  shall  be  continued  for  the  same  sum  as  for  four  years 
past,  deducting  therefrom  the  proportion  of  said  sum  which 
may  be  assessed  on  any  town  that  may  be  incorporated,  and 
any  plantation  that  may  be  assessed  separately,  within  the 
lands  sold  to  said  William  Bingham,  in  the  county  of  Han- 
cock, the  Treasurer  shall  receipt  therefor  in  full  for  said 
lands. 

Resolved^  That  until  a  new  valuation  shall  be  made,  the 
said  Agent  or  Trustee  paying  into  the  treasury,  annually, 
forty. eight  dollars,  so  long  as  the  state  tax  shall  be  contin- 
ued the  same  as  for  four  years  past,  on  the  lands  sold  to 
said  William  Bingham,  in  the  county  of  Washington,  de- 
ducting therefrom  such  proportion  of  said  sum  as  may  be 
assessed  on  any  towns  that  may  be  incorporated,  or  planta- 
tion separately  assessed  within  said  lands,  the  Treasurer 
shall  give  a  receipt  in  full  for  all  state  taxes  so  assessed. 


CHAP.  CXXXV. 

Resolve  altering  the  time  for  paying  in  the  instalments  of 

the  Capital  Stock  of  the  Boston  Merchants^  Bank, 

February  17tb,  1818. 

Resolved,  That  the  President,  Directors  and  Company 
of  the  Boston  Merchants'  Bank  be,  and  they  hereby  are  au- 
thorized and  empowered  to  pay  in  their  first  instalment  of 
one  fourth  part  of  their  capital  stock  on  the  fifteenth  day  of 
June  next,  instead  of  the  fifteenth  day  of  April,  and  their 
other  instalments  at  three  equal  intervals  of  three  months 
each,  from  the  period  of  their  first  issuing  bank  notes,  any 
thing  in  the  act  by  which  said  President,  Directors  and 
Company  were  incorporated  to  the  contrary,  notwithstand- 
ing. 


REMOVAL  OF  PRISONERS.— Feft.  18,  1818.     52t 

CHAP.  CXXXVl. 

Resolve  for  movin^^  prisoners  from  Castine  to  Bangor. 
February  18  th,  1818. 

Resolved,  That  the  Sheriff  of  the  county  of  Penobscot,  or 
either  of  his  Deputies,  be,  and  they  are  hereby  authorized 
to  remove  all  such  persons  as  are  confined  in  the  gaol  at 
Castine,  in  the  county  of  Hancock,  for  debt,  who  belong 
to,  or  have  their  home  within  the  said  county  of  Penobscot, 
and  to  commit  such  persons  to  the  gaol  at  Bangor,  in  said 
county  of  Penobscot,  the  expense  of  such  removal  and  re- 
commitment to  be  paid  by  the  persons  so  removed  and  re- 
committed.  And  the  keeper  of  the  gaol  at  Castine,  is  hereby 
authorized  and  directed  to  deliver  such  persons,  together 
with  the  copies  of  the  precepts,  whereon  they  are  commit- 
ted, to  the  said  Sheriff  or  Deputy  of  said  county  of  Penob- 
scot, who  shall  apply  for  the  same.  And  all  the  rights  and 
privileges  of  the  creditors  and  debtors,  interested  in  such 
removal  and  re- commitment,  shall  be  and  continue  the  same 
as  if  the  said  debtors  had  been  originally  committed  to  gaol 
in  Bangor,  aforesaid  :  Provided  however,  that  no  person, 
so  removed,  shall  be  enlarged  from  confinement  within  the 
gaol  at  Bangor,  aforesaid,  until  new  bonds,  as  the  ]siw  re- 
quires, be  executed  for  his  liberation,  within  the  debtors' 
limits  of  the  gaol  yard  of  said  county  of  Penobscot. 


CHAP.  CXXXVII. 

Resolve  on  account  of  the  Quarter-Master  General. 
February  18tli,  1818. 

The  Committee  of  both  Houses,  to  whom  was  referred 
the  Quarter-Master  General's  communication  relating  to  the 
expenditures  in  his  department,  have  attended  to  the  duties 
of  their  appointment,  and  find  his  account  well  vouched  and 
right  cast,  and  that  he  has  expended  the  year  past,  the  sura 
of  nineteen  thousand  nine  hundred  and  seventy-nine  dol- 
lars, sixty. six  cents,  including  seventeen  hut^dred  dollars 
for  his  salary  for  the  year  ending  January  seventeenth,  one 
thousand  eight  hundred  and  eighteen,  and  has  received  the 
year  past,  by  warrants  on  the  treasury;  including  a  balance 
66 


92^  SETH  SPRING.— JeJ.  20,  1818. 

due  the  Commonwealth  at  the  settlement  of  the  last  an- 
nual account,  of  fourteen  hundred  and  three  dollars  and 
eighty-two  cents,  the  sum  of  seventeen  thousand  nine  hun- 
dred and  sixty-five  dollars  and  twenty-one  cents,  leaving 
a  balance  of  two  thousand  and  fourteen  dollars  and  forty- 
five  cents,  due  the  Quarter-Master  General,  ask  leave  to 
report  the  following  resolves.  Which  is  respectfully  sub. 
mitted  : 

Resolved,  That  Amasa  Davis,  Quarter- Master  General, 
be,  and  he  hereby  is  discharged  from  the  sum  of  seventeen 
thousand  nine  hundred  and  sixty-five  dollars  and  twenty- 
one  cents,  being  the  amount  he  has  received  the  year  past, 
by  warrants  on  the  treasury. 

Resolved,  That  the  sum  of  two  thousand  and  fourteen 
dollars  and  forty-five  cents,  be  paid  the  said  Amasa  Davis 
from  the  treasury  of  the  Commonwealth,  as  the  balance  of 
his  account  for  money  expended  in  his  department  the  past 
year,  including  one  thousand  seven  hundred  dollars  for  his 
salary  for  one  year,  ending  January  seventeenth,  one  thou- 
sand eight  hundred  and  eighteen. 

Resolved,  That  the  sum  of  eleven  thousand  seven  hundred 
and  fifty  dollars  be  paid  the  Quarter-Master  General  from 
the  treasury  of  this  Commonwealth,  to  meet  the  expenses 
of  his  department  the  ensuing  year,  for  the  application  of 
"which  said  Quarter-Master  General  is  to  be  accountable ; 
and  his  Excellency  the  Governor  is  requested  to  issue  his 
warrants  on  the  treasury  for  the  amount,  in  such  sums  and 
at  such  periods,  as  his  Excellency,  with  the  advice  of 
Council,  may  deem  expedient  for  the  public  service. 


CHAP.  CXXXVIIL 

Resolve  authorizing  the  Commissioners  of  the  Land  Office 

to  settle  with  Seth  Spring  and  others, 

February  20th,  1818. 

Resolved,  That  the  Commissioners  of  the  Land  Office  be, 
and  they  hereby  are  authorized  to  settle  with  Seth  Spring, 
Andrew  M.  Spring  and  John  Spring,  and  to  pay  them  the 
amount  of  all  such  sums  of  money  as  they  have  paid  into 
the  treasury  of  the  Commonwealth,  as  a  consideration  for  a 
«leed  of  the  overplus  land  in  the  town  of  Baldwin;  with  law-^ 


CANAAN.— WM.  StONE.— Fe&.  21,  1818.      523 

M  interest  thereon,  from  the  time  of  such  payment ;  pro- 
vided that  the  said  Seth,  Andrew  M.  and  John,  shall  make 
and  execute  to  the  Commonwealth  such  release,  acquit- 
tance and  discharge,  as  the  said  Commissioners  shall  pre- 
scribe. 

Resolved,  That  his  Excellency  the  Governor  be,  and  he 
hereby  is  authorized  to  draw  his  warrant  on  the  Treasurer 
of  the  Commonwealth  in  favor  of  the  said  Commissioners, 
for  such  sum  of  money  as  they  shall  require  lo  enable  them 
to  carry  the  foregoing  resolve  into  effect. 


CHAP.  CXXXIX. 

Hesolve  on  petition  of  the  inhabitants  of  Canaan, 
February  Sist,  1818. 

On  the  petition  of  John  Wyman,  in  behalf  of  the  inhab- 
itants of  the  town  of  Canaan, 

Resolved,  For  the  reasons  set  forth  in  the  said  petition, 
that  the  payment  of  the  balance  of  the  state  tax,  due  from 
the  said  town  of  Canaan,  for  th6  year  eighteen  hundred  and 
fifteen,  be,  and  hereby  is  extended  until  the  first  day  of 
June  next. 


CHAP.  CXL. 

Resolve  on  petition  of  William  Stone, 
February  21st,  1818. 

On  the  petition  of  William  Stone,  of  Dana,  in  the  county 
of  Worcester,  representing  that  he  was  surety  for  the  ap- 
pearance of  John  B.  Stone  at  the  term  of  the  Supreme  Ju- 
dicial Court  holden  at  Worcester  on  the  second  Tuesday 
of  xlpril,  A.  D.  one  thousand  eight  hundred  and  sixteen,  to 
answer  to  what  might  be  alleged  againfhim  in  behalf  of  the 
Commonwealth,  more  particularly  to  a  charge  of  passing 
certain  counterfeit  bank  bills  ;  and  that  the  said  John  B. 
Stone  failed  to  appear  at  said  Court,  but  together  with  the 
said  William  Stone  was  defaulted  upon  the  recognizance 
for  his  appearance  as  aforesaid ;  that  the  said  John  B. 


!^'M<  PROBATE  hA.WB.^Feb.  31, 1818. 

Stone,  at  a  subsequent  term  of  said  Court  voluntarily  sur- 
rendered himself  into  the  custody  of  law,  was  arraigned, 
convicted  and  sentenced  to  one  year's  confinement  in  the 
State  Prison,  which  sentence  he  has  since  undergone  ;  that 
judgment  has  been  recovered,  u^on  scire  facias,  against  the 
said  VV^illiara  Stone,  in  behalf  of  the  Commonwealth,  for 
the  sum  of  fifty  dollars  (in  which  sum  he  was  bound  for  the 
appearance  of  the  said  John  B.  Stone)  and  costs,  and  that 
a  warrant  of  distress  has  been  issued  against  him,  upon 
which  he  has  been  committed  to  the  prison  in  Worcester, 
and  remains  in  close  confinement ;  and  farther  representing 
that  he  is  altogether  destitute  of  property,  and  unable  to 
satisfy  any  part  of  said  judgment ;  and  that  his  family  are 
dependent  for  support  upon  the  labor  of  his  hands  ;  There- 
fore, 

Resolved,  For  reasons  set  forth  in  said  petition,  that  Wil- 
liam Stone,  now  confined  in  prison  in  Worcester,  in  the 
county  of  Worcester,  who  was  committed  upon  a  warrant 
of  distress,  issued  upon  a  judgment  recovered  against  him 
by  the  Commonwealth,  for  a  default  on  his  recognizance 
for  the  appearance  of  John  B.  Stone  at  the  term  of  the  Su- 
preme Judicial  Court  holden  at  Worcester,  aforesaid,  iu 
April  one  thousand  eight  hundred  and  sixteen,  be,  and  he  is 
hereby  fully  released  and  discharged  from  the  judgment 
aforesaid,  and  all  costs  arising  thereon  ;  and  that  the  keeper 
of  the  prison  aforesaid  be,  and  he  is  hereby  authorized  to 
discharge  the  said  William  Stone  from  his  custody  ;  pro- 
vided he  is  not  detained  in  prison  for  any  other  cause  than 
the  one  before  mentioned. 


CHAP.  CXLI. 

Resolve  granting  comjiensation  to  the  Committee  for  revis- 
ing the  Frohate  laics,    February  Slst,  1818. 

Resolved,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  this  Commonwealth  to  the  Honorable  Thomas 
Dawes,  the  sum  of  forty  dollars  ;  to  the  Honorable  Nathan 
Dane,  the  sum  of  seventy-two  dollars  and  fifty  cents ;  and 
to  the  Honorable  John  Pickering,  the  sum  of  one  hundred 
and  sixty-five  dollars,  in  fall  for  their  respective  services  in 
revising  the  Probate  laws. 


GOM.  OF  LAND  0¥¥lCB,—^Feh,  SI,  1818.      5^5 


•    CHAP.  CXLII. 

llesolve  authorizing  David  Townsend  to  sell  certain  real 
estate.     February  2lst,  1818. 

On  the  petition  of  David  Townsend,  of  Waltham,  in  the 
county  of  Middlesex,  Esquire,  Guardian  of  Abraham  Pierce, 
of  said  Waltham,  a  spendthrift  ; 

Resolved,  That  for  the  reasons  and  purposes  stated  in 
said  petition,  the  said  David  Townsend,  as  such  Guardian, 
be,  and  he  hei%by  is  fully  authorized  and  empowered  to 
sell  at  public  auction,  all  and  singular  the  parcels  of  said 
spendthrift's  real  estate,  in  said  petition  mentioned  and  de- 
scribed, and  to  execute  a  deed  or  deeds  for  the  conveyance 
thereof;  and  that  Mary  Pierce,  the  wife  of  said  spendthrift, 
be,  and  she  hereby  is  fully  authorized  and  empowered,  by 
joining  with  said  Guardian,  in  said  deed  or  deeds,  effectu- 
ally to  all  intents  and  purposes,  to  relinquish,  extinguish 
and  release,  all  her  right  and  title  to  dower  in  said  real  es- 
tate, or  any  part  or  parcel  thereof,  and  that  the  proceeds  of 
the  sale  shall  be  applied,  in  the  first  place,  to  the  payment 
of  said  spendthrift's  just  debts,  and  to  the  necessary  support 
and  maintenance  of  him  and  his  ffwnily ;  and  the  surplus,  if 
any,  to  be  accounted  for  and  disposed  of,  according  to  law  ; 
the  said  Guardian,  previous  to  the  sale,  giving  bonds  to  the 
Judge  of  Probate  in  and  for  the  county  of  Middlesex,  in 
making  said  sale,  to  observe  the  rules  and  directions  of 
law,  relative  to  the  sale  of  real  estate  by  Guardians,  and  to 
account  for  and  apply  the  proceeds  of  said  sale  to  the  pur- 
poses aforesaid,  and  taking  the  oath  by  law  in  such  case 
required. 


CHAP.  CXLIII. 

Resolve  granting  compensation  to  Commissioners  of  the 
Land  Office,    February  SI st,  1818. 

Whereas,  by  an  act  passed  the  fifteenth  day  of  February, 
one  thousand  eight  hundred  and  sixteen,  for  promoting  the 
sale  and  settlement  of  the  public  lands  in  the  District  of 
Maine,  it  was  provided,  among  other  things,  that  three  Com 


026  SAMUEL  P.  P.  FAY.— Ftj&.  2S,  181S. 

missioners  and  a  Surveyor  General  should  be  appointed  by 
bis  Excellency  the  Governor^  by  advice  of  Council,  to  carry 
the  provisions  of  said  act  into  full  and  complete  effect. 

And  whereas,  the  duties  and  services  to  be  performed^ 
as  contemplated  in  said  act,  by  the  said  Commissioners  and 
Surveyor  General,  will  require  their  undivided  attention, 
and  the  most  persevering  diligence  :  Therefore, 

Resolved^  That  there  be  annually  allowed  and  paid  out  of 
the  treasury  of  this  Commonwealth,  in  semi-annual  payments, 
unto  the  Honorable  Edward  H.  Robbins,  and  Lothrop 
Lewis,  and  Joseph  Lee,  Esquire,  Commissioners  as  afore- 
said, each,  the  sum  of  eleven  hundred  dollars,  to  commence 
from  the  time  they  entered  on  the  duties  of  their  office,  dur- 
ing their  continuance  in  the  same  ;  and  that  there  be  allow- 
ed and  paid  unto  the  said  Lothrop  Lewis,  (who  is  also  ap- 
pointed .Surveyor  General)  the  further  sum  of  four  hundred 
dollars,  in  semi-annual  payments,  over  and  above  his  pay  as 
Commissioner,  said  allowance  to  commence  and  terminate 
as  aforesaid  ;  which  several  suras  are  to  be  considered  a 
full  compensation  for  the  services  of  the  said  Commission- 
ers and  Surveyor  General  respectively. 


CHAP.  CXLIV. 

Mesolve  on  petition  of  Samael  P.  P.  Fay. 
February  ksd,  1818. 

On  the  petition  of  Samuel  P.  P.  Fay,  of  Cambridge,  in 
the  county  of  Middlesex,  Esquire, 

Resolved,  That  the  said  Fay,  as  he  is  Administrator,  with 
the  will  annexed,  of  the  estate  of  Artenatus  Moore,  late  of 
said  Cambridge,  deceased,  be,  and  he  is  hereby  empowered 
to  convey  by  deed  to  Seth  Hastings,  his  heirs  or  assigns, 
an  undivided  sixth  part  of  five  acres  of  land  lying  in  said 
Cambridge,  which '  descended  to  said  Artenatus  from  his 
mother,  and  which  had  been  conveyed  by  his  late  father  Jo- 
siah  Moore,  deceased,  while  in  possession  thereof,  as  ten- 
ant by  the  curtesy,  to  said  Hastings  in  fee,  his  said  mother 
not  having  joined  in  said  conveyance  ;  the  said  Fay  to  re- 
ceive the  value  of  said  land  from  the  Administrator  of  said 
Josiah,  and  to  account  for  the  same  as  part  of  the  personal 


TAX— E.  WESTON.—JFeft.  S3,  1818.  5^7 

estate  of  said  Artenatus,  according  to  law ;  and  that  sueh 
deed,  duly  acknowledged  and  recorded,  shall  be  valid  and 
effectual,  to  all  intents  and  purposes. 


CHAP.   CXLV. 

Resolve  authorizing  a  Tax  for  the  county  of  Suffolk, 
February  23d,  1818. 

Wh'ereas  the  Treasurer  of  the  county  of  Suffolk  has  laid 
his  ace  runt  before  the  Legislature,  which  account  has  been 
examined  and  allowed  ;  and  whereas  the  Clerk  of  the 
Court  of  Sessions  for  said  county,  has  exhibited  an  esti- 
mate made  by  said  Court,  of  the  necessary  charges  which 
may  arise  within  the  said  county,  for  the  year  ensuing,  and 
the  sums  necessary  to  discharge  the  debts  of  said  county  ; 

Resolved,  That  the  sum  of  twenty -two  thousand  dollars 
be,  and  the  same  is  hereby  granted  as  a  tax  for  said  county 
of  Suffolk ;  to  be  apportioned,  assessed,  paid,  collected  and 
applied  for  the  purposes  aforesaid,  according  to  law. 


CHAP.  CXLVI. 

Resolve  on  the  petition  of  Ebenezer  Weston  and  others. 
February  S3d,  1818. 

Resolved,  That  the  Quarter-Master  General  be,  and  he 
hereby  is  authorized  and  directed  to  furnish  Ebenezer  Wes- 
ton, Alexander  Savage,  William  Rice,  Joshua  Treat,  Wil- 
liam Holyoke,  John  Treat,  Timothy  Crosby,  junior,  and 
David  Brewer,  from  the  arsenal  of  the  Commonwealth, 
with  muskets  and  accoutrements,  in  lieu  of  those  lost  by 
them  at  Bangor,  in  September,  one  thousand  eight  hundred 
and  fourteen,  conformably  to  the  report  of  the  said  Quarter* 
Master  General,  this  day  read  and  accepted. 


^S8  S.  CODMAN.—Fefc.  23,  1818. 


CHAP.  CXLVII. 

Mesolve  that  the  Quarter -Master  General  notify  the  town, 

of  Frankfort  to  return  Muskets. 

February  23d,  1818. 

Resolved,  That  the  Quarter- Master  General  be,  sml  he 
hereby  is  directed  to  notify  the  town  of  Frankfort  to  return 
to  the  arsenal  of  this  Commonwealth,  four  muskets  and 
bayonets,  and  all  the  accoutrements  which  they  may  now 
have  in  possession,  the  property  of  this  Commonwealth  } 
and  that  upon  said  return,  the  said  town  be,  and  hereby  is 
declared  exonerated  from  any  further  demand  for,  or  on 
account  of  muskets  and  accoutrements  heretofore  loaned  to 
said  town  by  the  Commonwealth. 


CHAP.  CXLVIII. 

Resolve  authorizing  Stephen  Codman,  as  Executor  of  John 
Codman,  to  execute  a  deed,     February  S3d,  1818. 

On  the  petition  of  Ephraim  Weston,  of  Fryebur^,  in  the 
county  of  Oxford,  setting  forth  that  John  Codman,  Esquire, 
late  of  Boston,  now  deceased,  on  the  twenty-second  day  of 
May,  in  the  year  of  our  Lord  eighteen  hundred,  by  his  writ- 
ing obligatory,  under  his  hand  and  seal  of  that  date,  for  the 
consideration  of  the  sum  of  seventy-iive  dollars  thirty-three 
cents,  paid  by  the  said  Weston's  son,  Edward  Weston,  of 
said  Fryeburg,  covenanted  and  agreed  with  the  said  Ephraim 
Weston  to  execute  to  him  or  his  assigns  a  deed  of  one  hun- 
dred acres  more  or  less  of  woodland,  then  owned  by  the 
said  John  Codman,  and  situated  in  Brd'wnfield,  now  in  said 
Fryeburg,  ae  described  in  said  petition,  and  praying  that 
Stephen  Codman,  of  Boston,  in  the  county  of  Suffolk,  Es- 
quire, Executor  of  the  last  will  and  testament  of  the  said 
John  Codman,  may  be  authorized  to  make  and  execute  a 
good  and  valid  deed  to  the  said  Ephraim  Weston,  or  to  the 
said  Edward  Weston,  of  sixty- eight  acres  and  fifty-three 
square  rods  of  said  land  ; 

Resolved,  For  reasons  set  forth  in  said  petition,'  that  the 
said  Stephen  Codman,  as  he  is  Executor  of  the  last  will 


ADJUTANT  GENERAL.— Fe&.  34,  1818.       529 

and  testament  of  the  said  John  Codman,  deceased,  be,  and 
he  is  hereby  authorized  and  empowered  to  make,  execute 
and  deliver  to  the  said  Edward  Weston,  of  said  Fryeburg, 
a  good  and  sufficient  deed  of  sixty-eight  acres  and  fifty- 
three  square  rods  of  land,  situate  formerly  in  Brownfield, 
now  in  said  Fryeburg,  formerly  owned  and  sold  by  Henry 
Young  Brown,  Esquire,  to  the  said  John  Cod  man,  and  be- 
ing part  of  the  estate  of  the  said  John  Codman,  now  de- 
ceased, and  bounded  as  follows,  to  wit :  beginning  at  Lev- 
crwood-tree,  being  the  north-westerly  corner  of  said  land  ; 
from  thence  running  south  fifteen  degrees  east,  one  hundred 
and  thirty-four  rods,  to  a  stake  and  stones  ;  from  thence 
north  seventy-five  degrees  cast,  ninety  rods,  to  a  white  oak 
tree,  marked  for  a  corner;  from  thence  north  twenty  two 
degrees  west,  one  hundred  and  thirty-eight  rods  to  a  stake 
and  stones  ;  from  thence  south  seventy-five  degrees  west,  to 
the  first  named  corner ;  and  the  deed  of  sixty-eight  acres, 
and  fifty-three  square  rods  of  land,  so  made  and  executed 
by  the  said  Stephen  Codman,  as  Executor  of  the  said  John 
Codman,  either  to  the  said  Ephraim  Weston,  or  to  said  Ed- 
ward Weston,  shall  be  good  and  valid  in  \a,vv,  to  convey 
all  the  rights  and  interest  of  the  heirs  at  law,  or  devisees  of 
the  said  John  Codman  to  the  grantee,  who  shall  receive  a 
deed  of  the  same  from  the  said  Stephen  Codman,  under  the 
authority  and  power  hereby  granted. 


CHAP.  CXLIX. 

Kesolve  authorizing  the  Adjutant  General  to  certify  copies 
of  the  Records  of  Courts  Martial.     February  Slth,  1818. 

Resolved,  That  the  Adjutant  General  be,  and  he  hereby 
is  authorized  to  certify  the  copies  of  all  records  of  Courts 
Martial  deposited  in  his  office,  by  a  resolve  of  the  Legisla- 
ture, passed  December  fourteenth,  one  thousand  eight  hun- 
dred and  sixteen,  in  the  same  manner  and  form,  and  to  the 
same  effect  to  all  intents  and  purposes  as  the  Secretary  of 
State  is  athorized,  in  and  by  an  act,  entitled  ^'^  An  act  for 
regulating,  governing  and  training  the  militia  of  this  Com^ 
monwealth." 
67 


530         PAY  OF  CLERKS,  &c.— Fe&,  34, 1818. 


CHAP.  CL. 

Hesolve  on  the  petition  of  William  Tliompson,  granting  him 
three  hundred  dollars.    February  24th,  1818. 

Rpsolved^  For  reasons  set  forth  in  said  petition,  that  there 
be  allowed  and  paid  out  of  the  treasury  of  this  Common- 
Wealth,  to  William  Thompson,  three  hundred  dollars,  as 
full  compensation  for  his  services  in  adjusting  the  books 
and  papers  of  the  State  Prison,  and  the  Governor  be  here- 
by authorized  to  draw  his  warrant  for  the  same  ;  provided 
the  same  shall  be  received  by  him  in  full  satisfaction  of  all 
services  rendered. 


CHAP.  CLL 

Resolve  to  pay  Clerks,  Sfc.    February  Slth,  1818. 

"Resolved,  That  there  be  paid  out  of  the  treasury  of  this 
Commonwealth,  to  Samuel  F.  McCleary,  Clerk  of  the  Sen- 
ate, and  to  Benjamin  Pollard,  Clerk  of  the  House  of  Rep- 
resentatives^ the  sum  of  four  hundred  dollars  each  ;  and  td 
John  B.  McCleary,  assistant  Clerk  of  the  Senate,  and  to 
Henry  Cod  man,  assistant  Clerk  of  the  House  of  Repre- 
sentatives, the  sura  of  three  hundred  dollars  each  ;  and  to 
Thomas  Walcut,  a  Clerk  in  the  lobbies,  for  the  assistance 
of  the  members  of  the  Legislature,  the  sum  of  one  hundred 
and  twenty-five  dollars,  in  fall  for  their  respective  services 
in  their  capacity  aforesaid,  the  present  session  of  the  Gen- 
eral Court. 

Also  to  the  Reverend  Francis  Parkman,  Chaplain  of  the 
Senate,  and  to  the  Reverend  Daniel  Sharp,  Chaplain  of 
the  House  of  Representatives,  the  sum  of  sixty  dollars  each, 
in  full  for  their  services  in  said  offices  the  present  year. 

Also  to  "vV'ard  Lock,  assistant  to  the  Messenger  of  the 
Governor  and  Council,  two  dollars  and  fifty  cents,  for  each 
day  he  m by  have  been  employed  the  present  session  of  the 
Council. 

Also  to  the  Committee  on  Accounts,  for  the  present  ses- 
sion, one  dollar  per  day  each,  over  and  above  their  pay  as 
members,  viz.  to  the 


PAY  OF  COM.  LAND  OFFICE.— Fe&.  34,  1818.    531 

Hon.  Oliver  Crosby,  forty-one  days,  forty-one  dollars. 
Samuel  Porter,  forty-one  days,  forty-one  dollars. 
Thomas  Hale,  forty-one  days,  forty-one  dollars. 
Alfred  Richardson,  forty  one  days,  forty-one  dollars. 
Hugo  Burghardt,  thirty-three  days,  thirty-three  dollars. 

Also  that  there  be  paid  as  aforesaid,  to  Joseph  Foster,  a 
Clerk  in  the  treasurer's  office,  the  sum  of  one  hundred  dollars 
and  ninety-six  cents,  in  full  for  extra  services,  to  the  thir- 
ty first  day  of  May  next,  in  addition  to  his  established 
salary. 


CHAP.  CLII. 

Resolve  granting  five  hundred  dollars  to  Orangetown  Plan. 

iationy  or  JSTumber  Twelve,  in  the  county  of  Washington. 

February  24th,  1814. 

Whereas  a  resolve  passed  the  third  instant,  granting  five 
hundred  dollars,  to  be  applied  to  the  making  a  road  through 
Plantation  Number  Twelve,  or  Orangetown,  in  the  county 
of  Washington,  to  be  laid  out  and  expended  under  the  di- 
rection of  the  Commissioners  of  the  Land  Office,  which  sum 
is  made  payable  to  the  inhabitants  of  said  plantation,  and 
may  operate  inconveniently ; 

Be  it  therefore  Resolved,  That  so  much  of  said  resolve 
as  provides  for  paying  said  sum  to  said  inhabitants,  be,  and 
hereby  is  repealed  ;  and  the  said  sum  of  five  hundred  dol- 
lars is  hereby  made  payable  to  said  Commissioners,  who 
are  required  to  apply  the  same  to  the  purposes  aforesaid, 
and  render  an  account  of  the  expenditure  thereof  to  the 
General  Court,  within  one  year  from  the  passing  of  this  re- 
solve. 

CHAP.  CLIIL 

Resolve  for  paying  the  Commissioners  of  the  Land  Office. 
February  24th,  1818. 

Resolved,  That  his  Excellency  the  Governor,  with  the 
advice  of  Council,  be,  and  is  hereby  authorized  to  make 
his  warrant  on  the  public  treasury  for  the  pay  of  the  Com- 
missioners of  the  Laud  Office,  from  the  tenth  day  of  June 
last. 


532        PAY  TO  MEMBERS,  &c.— jFe6,  S4/,  1818. 


CHAP.  CLIV. 

Resolve   to  pay  James  McLellan  and  Hugo   Burghardt, 
Members  of  the  House.     February  S4th,  1818. 

Resolved,  that  there  be  paid  out  of  the  treasury  of  this  Com- 
Biouwealth  to  James  McLellan,  of  Bath,  a  member  of  this 
house^  eighty-two  dollars,  in  full  for  his  attendance  at  this 
session  of  the  General  Court,  and  thirty- three  dollars  in 
full  for  his  travel ;  and  to  Hugo  Burghardt,  of  Richmond, 
a  member  of  this  house,  seventy-two  dollars,  in  full  for  his 
attendance  at  this  session  of  the  General  Court,  and  thirty- 
one  dollars  for  his  travel ;  and  that  the  towns  of  Bath  and 
Richmond,  respectively,  be  charged  in  the  next  tax  bill, 
with  the  said  suuis  for  attendance,  as  though  the  said  Mc- 
licllan  and  Burghardt  had  been  made  up  in  the  pay  roll  of 
this  house. 


CHAP.  CLV. 

Resolve  respecting  Kennebec  Bridge  Lottery, 
February  S^j^li^  1818. 

"Whereas  by  an  act  passed  February  the  fifteenth,  eight- 
een hundred  and  sixteen,  it  is  among  other  things  provided, 
that  the  sum  of  twelve  thousand  dollars  shall  be  raised  by 
lottery,  for  the  purpose  of  re-buildiiig  the  bridge  over  Ken- 
nebec River,  at  Augusta,  and  authority  is  therein  given  to 
the  proprietors  of  said  bridge,  to  appoint  Managers  of  said 
lottery^  from  time  to  time,  to  make  and  publish  such  scheme 
or  schemes,  as  in  their  opinion  may  best  promote  the  pur- 
poses of  said  lottery,  to  draw  the  same,  and  to  transact  all 
other  business  pertaining  thereto  :  And  whereas,  on  the 
twelfth  day  of  January,  eighteen  hundred  and  eighteen,  the 
scheme  of  a  lottery  was  published,  (which  lottery  was  styled 
the  State  Lottery,)  signed  by  Benjamin  Dearborn,  Joseph 
Otis,  and  Benjamin  Whitwell,  as  Managers,  purporting  to 
be  for  the  purpose  of  raising  a  fund,  as  authorized  by  said 
act,  for  re-building  said  Kennebec  bridge ;  and  by  said 
scheme  it  is  apparent,  that  when  the  sale  of  all  the  tickets 
in  said  class,  and  after  the  drawing  thereof,  and  all  the 


KENNEBEC  BllIDGE  LOT.— Fe&.  21,  1818.     53g 

prizes  are  paid,  there  will  remain  in  the  hands  of  the  said 
Managers,  the  sum  of  fifty-one  thousand  dollars,  twelve 
thousand  only  of  which  are  applicable  to  the  object  of  the 
lottery,  and  thus  a  large  sum  of  money  may  be  left  at  th& 
disposition  of  said  Managers,  without  any  provision  by  law 
for  the  appropriation  of  the  same  to  public  or  other  uses, 
which  said  scheme  is  therefore  manifestly  against  the  intent 
of  the  act  granting  said  lottery  ;  and  if  said  Managers  are 
suffered  to  proceed  therewith,  the  same  may  operate  to 
countenance  the  abuse  of  like  grants  which  may  hereafter 
be  made  :  Wherefore, 

Jiesolved^  That  the  Attorney  and  Solicitor  General,  or 
either  of  them,  be  required  to  file,  at  the  next  term  of  the 
Supreme  Judicial  Court,  to  be  holden  in  the  county  of  Suf- 
folk, an  information  in  the  nature  of  a  quo  warranto,  against 
the  said  Benjamin  Dearborn,  Joseph  Otis,  and  Benjamin 
"W  hitwell,  requiring  them  to  show  by  what  authority  they 
exercise  the  office  of  Managers  of  said  lottery,  and  to  take 
all  other  legal  measures  to  suppress  the  same,  and  to  stop 
all  further  proceedings  in  relation  thereto. 

Ilesolved,  That  the  Attorney  and  Solicitor  General,  or 
either  of  them  be  required  to  prosecute,  under  the  several 
acts  of  this  Commonwealth,  prohibiting  the  sale  of  lottery 
tickets  not  authorized  by  law,  any  person  or  persons  whom- 
soever, who  shall,  after  the  publication  of  this  resolve,  and 
before  the  decision  of  the  Supreme  Judicial  Court  be  had 
on  the  subject  of  the  foregoing  resolve,  purchase,  sell,  give, 
lend,  or  otherwise  dispose  of  any  tickets,  or  any  part  or 
parts  of  any  tickets,  made  and  signed  by  the  said  Benjamin 
Dearborn,  Joseph  Otis,  and  Benjamin  Whitwell,  or  either 
of  them,  under  the  scheme  aforesaid. 


ROLL,  No.  78 January,  1818. 


THE  Committee  on  Accounts,  having  examined 
the  several  accounts  they  now  present, 

REPORT,  that  there  is  now  due  to  the  Corpora- 
tions and  persons  hereafter  mentioned,  the  sums  set 
to  their  names  respectively ;  which,  when  allowed 
and  paid,  will  be  in  full  discharge  of  the  said  ac- 
counts, to  the  several  dates  therein  mentioned ; 
which  is  respectfully  submitted. 

OLIVER  CROSBY,  Per  Order. 


PAUPER  ACCOUNTS. 

Town  of  Arundel,  for  board  and  clothing  Henry 

Rolf,  to  26th  November,  1817,  S  44  00 

Amherst,  for  support  and  doctoring  Robert  Rich- 
ardson, wife  and  daughter,  to  1st  January,  1818,     300  17 

Acton,  for  supplies  and  doctoring  James  Sherland, 

to  18th  January,  1818,  96  89 

Abington,  for  board  and  clothing  Thomas  Sey- 

more,  to  29th  January,  1818,  100  00 

Augusta,  for  sundry  paupers  to  3d  January,  1818,       81  37 

Amesbury,  for  support  and  doctoring  John  Cranl^ 

to  6th  December,  1817,  15S  64 

Alfred,  for  support  of  John  Meservy  and  Corne- 
lius Evans,  to  20th  January,  1818,  21  4S 

Andover,  for  board,  clothing  and  doctoring  sun- 
dry paupers  to  1st  January,  1818,  447  86 


PAUPER  ACCOUNTS.  535 

Aclams,  for  board  and  clothing  sundry  paupers  to 

15th  January,  1818,  197  S-li 

Anson,  for  support  of  William  James'  family  to 

15th  January,  1818,  46  IS 

Brookline,  for  board,  clothing  and  doctoring  Pe- 
ter Henry,,  to  14th  January,  1818,  95  00 

Boxford,  for  board  and  clothing  Mehitable  Hall, 

to  3d  June,  1817,  86  40 

Becket,  for  supplies  to  Peter  Tread  well,  to  ISth 

January,  1818,  IB  25 

Blandford,  for  board  and  clothing  sundry  paupers 

to  8th  January,  1818,  136  9S 

Bridgewater,  for  board,  clothing  and   doctoring 

sundry  paupers,  to  2Sd  January,  1818,  17^  01 

Bath,  for  board,  clothing,  nursing  and  doctoring 

sundry  paupers,  to  Sd  January,  1818,  SOI  66 

Braintree,  for  board  and  clothing  Elizabeth  Black- 

burne,  to  5th  January,  1818,  2S  55 

Burlington,  for  board  and  clothing  Dorothy  Lyn- 

ham,  to  3d  February,  1818,  70  00 

Belchertown,  for  board  and  clothing  sundry  pau- 
pers, to  16th  January,  1818,  141  86 

Bristol,  for  support  and  doctoring  Nancy  Hill  and 

William  How,  to  llth  December,  1817,  136  34 

Bradford,  for  board  and  clothing  Joshua  L.  Al- 

sars,  to  1st  January,  1818,  70  14 

Beverly,  for  board  and  clothing  sundry  paupers, 

to  1st  January,  1818,  S43  54 

Brewer,  for  supplies  to  Jonathan  Roberts  and 

family,  to  14th  January,  1818,  13  53 

Bradford,  Samuel,  keeper  of  gaol  in  the  county  of 
Suffolk,  for  support  of  sundry  poor  prisoners 
confined  for  debt,  to  1st  December,  1817,  639  33 

Board  of  Health,  Boston,  for  support  and  doctor- 
ing sundry  paupers  with  the  small  pox  at  Rains- 
ford's  Island,  to  S7th  January,  1818,  423  66 

Boston,  for  board  and  clothing  sundry  paupers, 

to  30th  November,  1817,  7931  71 

Canton,  for  support  of  John  Cole,  to  14th  Janua- 
ry, 1818,  48  00 
Chelmsford,    for   board   and  clothing  Catharine 
McClenney,  and  Charles  and  Eliza  Goodrich, 
to  1st  January,  1818,                                              Igl  32 


536  PAUPER  ACCOUNTS. 

Colrain,  for  board,  clothing  and  nursing  Richard 
and  RaclieA  Hines,  to  10th  January,  1818,  and 
Sally  Lamnnear,  till  her  death,  23d  December, 
1817,  and  funeral  charges,  160  96 

Cheshiie,  for  board,  clothing  and  doctoring  sun- 
dry paupers,  to  l6th  January,  1818,  307  7i3 

Chester,  for  board  and  clothing  Csesar  Hardy  and 

George  Buttolf,  to  29th  December,  18l7,  147  56 

Chesterfield,  for  board  and  clothing  sundry  pau- 
pers, to  11th  January,  1818,  139  79 

Cape  Elizabeth^  for  board   and  clothing  sundry 

paupers,  to  Sd  January,  1818,  134*  30 

Cambridge,  for  board  and  clothing  sundry  pau- 
pers, to  22(1  January,  1818,  294  81 

Cushing,  for  board  and  clothing  Mary  Hender- 
son and  Peggy  Rowley,  to  13th  January,  1818,       79  40 

Charlestown,  for  board  and  clothing  sundry  pau- 
pers, to  28th  January,  1818,  422  40 

Carlisle,  for  board,  clothing  and  nursing  Robert 

Barber,  to  5th  January,  1818,  118  84 

Deeriield,  for  support  of  Lucretia  Brown  and  chil- 
dren, and  expense  of  removing  them  out  of  the 
Commonwealth,  May  4th,  1818,  42  24 

Dresden,  for  board,  clothing  and  doctoring  John 

CuUen,  to  1st  January,  1818,  Q7  20 

Duxbury,  for  board  and  clothing  Elizabeth  Ellis, 

to  10th  September,  1817,  21  70 

Dedham,  for  board,  clothing,  doctoring  and  nurs- 
ing sundry  paupers,  to  5th  December,  1817,  74  64 

Danvers,.  for  board  anti  clothing  sundry  paupers, 

to  20th  January,  1818,  1484  65 

Dracut,  for  support  of  Richard   Baker,    to   7th 

February,  1818,  87  30 

Egremont,  for  board,  clothing  and  funeral  charges 

of  sundry  paupers,  to  14th  January,  1818,  254  10 

Eliot,  for  board  and  clotiiing  Jacob  Brewer  and 

Abigail  Randall,  to  27th  January,  1818,  86  32 

Enfield,  for  board,  clothing  and  nursing  Deborah 
Butterworth  and  William  Rice,  to  17th  Janua- 
ry, 1818,  124  10 

Fayette,  for  board  and  clothing  William  Godfrey 
Martin,  to  1st  January,  1818,  41  20 


PAUPER  ACCOUNTS.  &37 

Falmouth,  Cumberland  County,  for  boards  cloth- 
ing, doctoring  and  supplies  to  sundry  paupers, 
to  1st  January,  1818,  ,        '     S39  SS 

Frankfort,  for  board  and  clothing  Hatevil  Colson, 

to  1st  January,  1818,  36  00 

Framingham,   for   support   and    doctoring  Lucy 

Green,  to  l6th  January,  1818,  33  17 

Falmouth,  Harnstable  County,  for  support  and 
doctoring  Edward  Edwards,  to  19th  January, 
1818,  46  92 

Fairhaven,  for  supplies  to  Sarah  Carr  and  chil- 
dren, to  30th  January,  1818,  17  09 

Friendship,  for  board  and  clothing  James  Met- 
calf  and  Martha  Bickraore,  to  20th  January, 
1818,  71  97 

Gardiner,  for  board,  clothing  and  doctoring  sun- 
dry paupers,  to  10th  January,  1818,  129  85 

Granville,  for  board,  clothing,  doctoring  and  nurs- 
ing George  Taylor  and  Simon  Hoffman,  to  §9th 
December,  ^817,  78  50 

Great  Barrington,  for  board,  clothing  and  nursing 

sundry  paupers,  to  S8th  January,  1818,  IS'i  62 

Gill,  for  board,  clothing  and  doctoring  sundry  pau- 
pers, to  17th  January,  1818,  223  07 

Gloucester,  for  board  and  clothing  sundry  pau- 
pers, to  10th  November,  I8I7,  532  78 

Grafton,  board,  clothing  and  nursing  Isaac  New- 
man and  Benjamin  White,  to  25th  December, 
I8I7,  166  45 

Groton,  for  support  and  doctoring  sundry  paupers, 

to  10th  January,  1818,  334^  70 

Gorham,  for  support  of  Kobert  Gillfilling,  to  8th 

February,  1818,  55  50 

Hebron,  for  support  and  doctoring  William  Ori- 

ley,  till  he  left  the  town,  March,  I8I7,  10  00 

Hodgkins,  Joseph,  keeper  of  the  house  of  correc- 
tion in  the  county  of  Essex,  for  board  and  cloth- 
ing sundry  insane  persons,  to  the  10th  Novem- 
ber, I8I7,  178  81 

Hawley,  for  board  and  clothing  Joseph  Barnard, 

to  14th  January,  1818,  43  57 

68 


588  PAUPER  ACCOUNTS. 

Hancock,  for  board  and  clothing  Rebecca  Osborn 
and  Hannah  Winn,  to  24th  January,  1818,  and 
Thomas  Hoi  ton,  till  his  death,  and  funeral 
charges,  I37  57 

Harlem,  for  board  and  clothing  William  Youling, 

to  10th  November,  1817,  162  84 

Haverhill,  for  board,  clothing  and  doctoring  sun- 
dry paupers,  to  1st  January,  1818,  i52  38 

Hallow  ell,  for  board,  clothing,  nursing  and  doc- 
toring sundry  paupers,  to  31st  December,  I8I7,     314  10 

Hubbardston,  for  board  and  clothing  Abner  Hy- 

bra,  to  14th  January,  1818,  71  98 

Hadley,  for  supplies  to  Fryday  Allen  and  Rebec- 
ca Allen,  to  11th  January,  1818,  80  28 

Jay,  for  board  and  clothing  Elizabeth  Bell,  to  5th 

January,  1818,  33  00 

Kingston,  for  board  and  clothing  James  Barney, 

to  2d  April,  1817,  11   10 

Kittery,  for  board  and  clothing  Sarah  Perkins, 
Deborah  Perkins  and  child,  to  6th  January, 
1818,  85  25 

Limington,  for  board  and  clothing  John  O.  Ryan, 

to  1st  January,  1818,  57  20 

Lee,  for  support,   doctoring  and  nursing  sundry 

paupers,  to  11th  January,  1818,  286  73 

Lincolnville,  for  board,  clothing,   and  doctoring 

sundry  paupers,  to  the  14th  January,  1818,  121  78 

Lanesborough,  for  board,  clothing  and  supplies,  to 

sundry  paupers,  to  1st  January,  1818,  308  64 

Lynn,  for  board  and  clothing  sundry  paupers,  to 

30th  November,  I8I7,  314  86 

Leyden,  for  board,  clothing  and  nursing  sundry 

paupers,  to  tst  January,  1818,  149  90 

Lenox,  for  board  and  clothing  sundry  paupers,  to 

9th  January,  1818,  183  30 

Long  Meadow,  for  board,  clothing,  doctoring  and 
nursing  sundry  paupers  to  13th  January,  1818, 
and  funeral  charges  of  Peter  Dunkin,  156  36 

Monson,  for  support  of  James  Worthington,  to  1st 

January,  1818,  37  30 

Mi  not,  for  support  of  Philip  Weeks  and  Eliza- 
beth Phinney,  to  3d  November,  1817,  1^0  00 


PAUPER  ACCOUNTS.  539 

Maiden,  for  board  and  clothing  John  Holland,  to 

i9th  January,  1818,  76  S5 

Montgomery,  for  board  and  clothing  Moses  Can- 

sier,  to  18th  January,  1818,  40  20 

Monmouth,  for  the  support  of  John  Sherburne  and 
Peggy  Magner,  to  the  9th  January,  1818,  and 
funeral  charges  of  John  Sherburne,  83  76 

Montville,  for  board  and  clothing  William  Mc 
Clary  and  wife,  and  John  Gloscester,  to  12th 
January,  1818,  278  60 

Mendon,  for  board  and  clothing  Alfred  Coffee,  to 
20th  April,  18 16,  and  Bartholomew  Harrington, 
till  he  left  the  state,  20th  August,  1816,  47  30 

Machias,  for  support  and  doctoring  sundry  pau- 
pers, to  3  •  st  December,  1817,  and  funeral  charg- 
es of  David  xMcNiel,  251  70 

Mansfield,  for  board  and  doctoring  Hugh   Mc- 

Pherson,  to  1st  January,  1818,  94  54 

Milford,  for  board  and  clothing  Betsey  Gould,  to 

I6th  October,  1817?  50  59 

Mount  Vernon,  for  support  of  sundry  paupers,  to 

3 1st  December,  I817,  113  84 

Manning,  Thomas,  for  doctoring  James  \?ingo, 
in  house  of  correction,  in  the  county  of  Essex, 
to  3 1st  December,  I8I7,  47  26 

Milton,  for  support,  nursing  and  doctoring  Joel 
Wtiek,  and  Nancy  Cazey,  to  5th  February, 
1818,  Betsey  Brown,  and  Lewis  Elisha,  till 
their  deatli,  and  funeral  charges,  98  87 

Marlborough,  for  board,   clothing  and  doctoring 

Joseph  Waters,  to  28th  November,  I8I7,  66  50 

Mediield,  for  board  and  clothing  George  Turner, 

to  25th  November,  1817,  66  11 

Marblehead,  for  board  and  clothing  sundry  pau- 
pers, to  21st  January,  1818,  305  07 

Middleborough,  for  board,  clothing  and  doctoring 

sundry  paupers,  to  1st  January,  1818,  157  63 

North  Yarmouth,  for  boarding,  clothing  and  doc- 
toring George  Young,  to  13th  January,  1818,  54  15 

Northfield,  for  board  and  clothing  Amos  Riley, 

to  9th  January,  1818,  41  30 

Natick,  for  support  of  John  Candler,  till  he  left 
the  town,  and  Patty  Pegion,  to  3d  February, 
1818,  14g  87 


5i0  PAUPER  ACCOUNTS. 

Nori'idgewoek,  for  board  of  Jesse  Rowe,  to  S8tb 

May,  1817,  6  00 

North  Brookfield,  for  support  of  Daniel  and  Jo- 
seph Peterson,  to  34th  January,  1818,  66  7^ 

Newbury,  for  board  and  clothing  sundry  paupers, 

to  1st  January,  1818,  888  33 

Northampton,  for  board,  clothing,  nursing,  doctor- 
ing and  funeral  charges  of  sundry  paupers,  to 
1st  January,  1818,  351  66 

New  Gloucester,  for  support  of  Robert  Forbes 
and  wife,  and  Joseph  Gregory,  to  1st  February, 
1818,  218  39 

Newburyport,  for  board  and  clothing  sundry  pau- 
pers to  1st  January,  1818,  754  47 

New  Castle,  for  board  and  clothing  Lois  Hodg- 
man  and  children,  to  2d  January,  1818,  and 
doctoring  Florentine  Langton,  1!34  30 

Newry,  for  board,  clothing  and  doctoring  William 

Burk,  to  S8th  September,  1817,  ^7  19 

Overseers  of  Marshpee  Indians,  for  support  and 
doctoring  sundry  paupers,  to  ISth  January, 
1818,  '  450  00 

Palmer,  for  board,  clothing  and  doctoring  Wil- 
liam and  Phebe  Mendera,  to  1st  January.  1818,     14^  39 

Pittston,  for  support  of  Amelia  McMansiield,  to 
30th  December,  1817,  and  Juda  Delano,  till  her 
death,  and  funeral  charges,  to  14th  July,  1817,        83  47 

Prospect,   for  board   and  clothing  Lydia   Hayes 

and  Benjamin  Y.  Shute,  to  1st  January,  1818,       193  90 

Phipsburg,  for  board  of  Jacob   Wheeler,  to  10th 

January,  1818,    •  33  00 

Peru,  for  board,  clothing  and   doctoring  James 

Robbins,  to  39th  December.  1817,  48  70 

Princeton,    for.  supplies   to   Henry   Smith,    wife 

and  children,  to  34th  January,  1818,  33  77 

Pittsfield,  for  board,  clothing  and  doctoring  sun- 
dry paupers  to  1st  February,  1818,  317  48 

Pepperell,  for  board,  clothing,  doctoring  and  nurs- 
ing Robert  B.  Minchen,  and  Charles  O'Con- 
ner,  to  1st  January,  1818,  78  60 

Portland,  for  board  and  clothing  sundry  paupers, 

to  1st  January,  1818,  1699  03 

Plymouth,  for  board,  clothing  and  doctoring  sun- 
dry paupers,  to  13th  January,  1818,  413  30 


PAUPER  ACCOUNTS.  SU 

Kehobotli,  for  board,  clothing,  nursing  and  doc- 

toring  sundry  paupers,  to  Ist  January,  1818,         247  99 

Rowley,  for  board,  clothing,  nursing  and  doctor- 
ing  Ella  Collins,  and  Benning  Dow,  to  1st  Jan. 
uary,  18(8,  74  SO 

Rutland,  for  board  and  clothing  William  Hen- 
derson, to  7th  January,  1818,  41  30 

Russell,  for  board  and  clothing  John  and  Polly 

Newton,  to  1st  January,  1818,  52  50 

Roxbury,  for  board  and  clothing  sundry  paupers, 

to  3d  January,  1818,  323  34 

Richmond,  for  board,  clothing  and  doctoring  sun- 

dry  paupers,  to  l6th  February,  1818,  181  2Q 

Sandisfield,  for  support  of  Richard  Dickson  and 

family,  to  13th  January,  1818,  5'y  80 

Shrewsbury,  for  board  and  clothing  George  Phil- 
more,  to  13th  January,  1S18,  42  30 

Somerset,  for  board  and  clothing  William  Elliot, 

to  1st  January,  1818,  57  96 

Sedgwick,  for  support  and  doctoring  John  Low, 
till  his  death,  and  funeral  charges.  November 
22d,  1817,  and  his  wife  and  children,  to  22d 
December,  1817?  172  19 

Scituate,  for  support  of  John  Woodward,  to  30th 

April,  1817,  11  70 

Sutton,  for  support  of  Isabella  Santee's  three  chil- 
dren, and  Phillis  Frazier,  to  5th  January,  1818,       89  18 

Stockbridge,  for  board,  clothing,   doctoring  and 

nursing  sundry  paupers,  to  1st  December,  1817,     485  76 

Sheffield,  for  board  and  clothing  Hannah  Rowe, 
to  12th  January,  1818,  funeral  charges  of 
Abraham  Johnson,  and  expense  of  removing 
Hannah  AVelden,  out  of  the  state,  79  50 

South  Berwick,  for  board,  clothing  and  doctoring 
Lemuel  Woodworth,  to  1st  January,  1818,  Ma- 
ry Stackpole  and  Molly  Boice,  till  they  left 
the  state,  104  85 

Shirley,  for  support  and  doctoring  sundry  paupers, 

to  1st  January,  1818,  228  23 

Sterling,  for  board,  clothing,  nursing  and  doctor- 
ing John  White,  to  19th  January,  1818,  32  42 

Shelburne,  for  board,  clothing  doctoring  and  nurs- 
ing sundry  paupers,  to  17th  January,  1818;,  182  S5 


54fi  PAUPER  ACCOUNTS. 

Swansey,  for  support  of  Garrett  Burns,  and 
James  Garnet,  to  2U\\  January,  1818,  95  30 

Sudbury,   for  board,   clothing  and  nursing  Jolin 

Weighton,  to  11th  February,  1818,  103  50 

Seekonk,  for  board  and  clothing  Thomas  Pearce, 

to  7th  January,  1818,  56  40 

Sandwich,  for  support  of  Mason  and  Esther  Ray- 
mond, to  1st  January,  1818,  45  13 

Saco,  for  support  of  Daniel  Sargent,  and  doctor- 
ing Lewis  Victor,  to  27th  December,  1815,  45  00 

Sherburn,  for  support  of  Benjamin  Houghton,  to 

29th  January,  1818,  61  00 

Scarborough,  for  support  and  nursing  Robert  Dick- 
erson  till  his  death,  and  funeral  charges,  30th 
December,  18 1 6,  29  00 

Salem,  for  board  and  clothing  sundry  paupers,  to 

to  2d  January,  1818,  2503  09 

Troy,  for  support  of  Betsey  Bell,  and  John  Rich- 
ards, to  19th  January,  1818,  154  28 

Taunton,  for  board,  clothing  and  doctoring  sun- 
dry paupers,  to  1st  January,  1818,  75^'  ^7 

Tliomastown,  for  board  and  clothing  John  Ander- 
son, to  20th  Januaiy,  1818,  78  77 

Uxbridge,  for  support  and  doctoring  sundry  pau- 
pers, to  19th  January,  1818,  13(>  6t 

Upton,  for  board,  clothing,  nursing  and  doctoring 
Jane  Creighton,  to  26th  January,  1818,  Eliza- 
beth and  George  Taylor,  till  their  death,  and 
funeral  charges,  44  58 

Vassalborough,  for  board  and  clothing  Abigail 

Fairbrother,  to  1st  January,  1818,  63  10 

Williamstown,  for  support  of  sundry  paupers  to 

10th  January,  1818,  106  51 

Wellington,   for  board,    clothing  and    doctorins* 

Catharine  Butler,  to  15th  January,  1818,         ^       84  Q5 

Ward,  for  board  and  clothing  Francis  Savage,  to 
1st  January,  1818,  49  30 

Winthrop,  for  board  and  clothing  William  Gas- 
ket, to  14tli  January,  1818,  38  50 

Westford,  for  board,  clothing  and  nursing  James 
Peirce,  to  22d  January,  1818,  and  Christopher 
Shephert,  till  his  death,  and  funeral  charges,         7^  ^^ 

Wayne,  for  support  of  Joseph  Richards  and  wife, 

to  30th  January,  1818,  17^!  00 


MILITARY  ACCOUNTS.  548 

Ware,  for  board,  clothing  and  nursing  Charles 

Collins,  to  29th  January,  1818,  8  87 

West  Stockbridge,  for  board  and  clothing  sundry 

paupers,  to  9th  January,  1818,  S09  11 

Westfield,  for  board  and  clothing  sundry'  paupers, 

to  1st  January,  1818,  173  33 

Warehaci,  for  support  of  William  Long,  to  14th 

January,  1818,  42  67 

Wilton,  for  support  and  doctoring  Enoch  Foot, 

wife  and  children,  to  26th  May,  1816,  98  68 

Wilbraham,  foi  board,  nursing  and  doctoring  Nels 

Johnson  Headman,  till  his  death,  and  funeral 

charges,  16th  July,  1817,  31  BO 

Worcester,  for  board  and  clothing  sundry  paupers, 

to  1st  January,  1818,  328  39 

West  Springfield,  for  board  and  clothing  sundry 

paupers,  to  5th  January,  1818,  153  53 

Watertown,  for  support,  doctoring  and  nursing 

sundry  paupers,  to  S5th  January,  1818,  318  54 

West  Hampton,  for  board  and  clothing  sundry 

paupers,  to  1st  January,  1818,  398  60 

Wrentham,  for  board,  clothing  and  doctoring  sun- 

dry  paupers,  to  1st  January,  1818,  i67  80 

Walpole,  for  board,  clothing  and  doctoring  sun- 
dry pau[>ers,  to  19th  January,  1818,  156  80 
Warren,  for  support  of  sundry  paupers,  to  31st 

January,  1818,  331  00 

York,  for  board,  clothing,  nursing  and  doctoring 

sundry  paupers,  to  S4th  January,  1818,  508  71 

Total  Paupers,     iS  39,098  50 

MILITARY  ACCOUNTS. 

Courts  Martialf  Courts  of  Inquiry^  Sfc. 

Samuel  Allen,  for  the  expense  of  a  Court  Martial, 
held  at  Worcester,  on  the  35th  of  April,  A-  D. 
1817,  whereof  Thomas  Chamberlain  was  Pre- 
sident,  »90  ti 

Robert  F.  Barnard,  for  the;  expense  of  a  Court  of 
Inquiry,  held  at  Egremont,  on  the  9th  of  De- 
cember, 1817,  whereof  David  Leavenworth  was 
President^  38  31 


544^  MILITARY  ACCOUNTS. 

Robert  F.  Barnard,  for  the  expense  of  a  Court 
Martial,  held  at  Sheffield,  on  the  2!jid  April, 
1817,  whereof  James  Adams,  junior,  was  Pre- 
sident, 88  47 

William  Hight,  for  the  expense  of  a  Court  Mar- 
tial, held  at  South  Berwick,  on  the  23d  De- 
cember, 1817,  whereof  Simeon  Newhall,  was 
President,  193  38 

Samuel  Page,  for  the  expense  of  a  Court  Martial, 
held  at  Nol3leborough,  on  the  20th  of  October, 
IM7,  whereof  Andrew  Reed  was  President,        213  27 

Ebenezer  Mattoon,  Esquire,  for  the  expense  of  a 
Court  of  Inquiry,  held  at  Hanover,  on  the  17th 
of  Deeembcr,  1817,  whereof  Simeon  Coburn 
was  President,  124  00 

James  Starr,  for  the  expense  of  a  Court  Martial, 
held  at  Livermore,  on  the  24th  June,  1817, 
whereof  Henry  Farewell  was  President,  145  02 

John  Smith,  junior,  for  the  expense  of  a  Court 
Martial,  held  at  Salera,  on  the  23d  of  Septem- 
ber, 1817,  whereof  George  Gardner  was  Pres- 
ident 196  44 

Joseph  Treat,  for  the  expense  of  a  Court  Martial, 
held  at  Bangor,  on  the  iSth  September,  1817, 
whereof  Isaac  Hodsdon  was  President,  320  28 

Joseph  Treat,  for  the  expense  of  a  Court  Martial, 
held  at  Bangor  on  the  34th  September,  1817, 
whereof  David  J.  Bent  was  President,  1 59  20 

Total,     S1569  09' 

Brigade  Majors  and  Aids  de  Camp, 

Allen,  Samuel,  to  January  1st,  1818,  ^28  90 

Allen,  James  S.  to  January  1st,  1818,  108  55 

Bliss,  George,  junior,  to  Xovember  2§th,  1817,  107  72 

Barnard,  Robert  F.  to  January  ist,  1818,  50  02 

Bancroft.  Ebenezer,  to  September  29th,  1817,  46  82 

Clark,  Joseph,  to  January  6th,  1818,  23  16 

Bdtch,  Ebenezer,  to  December  24th,  1817,  73  62 

Fairbanks,  Stephen,  to  January  20th,  1818,  21  25 

Fogg,  Simeon,  to  January  1st,  1818,  55  00 

Gilbert,  Thomas,  to  Jauuary  10th,  1818,  73  05 


MILITARY  ACCOUNTS.  545 

Goodrich,  Elijah  P.  to  October  7th,  1817, 

Hyde,  Zina,  to  January  1st,  1818, 

Hubbell,  Calvin,  to  January  6th,  1818, 

Hitchcock,  Edward^  to  January  1st,  1818, 

Hopkins,  Thomas,  to  January  1st,  1818, 

Jacques,  Samuel,  to  January  2Sd,  1818, 

Lewis,  Philo,  to  November  19th,  1817, 

Lincoln,  Enoch,  to  January  30th,  1818, 

Mitchel,  Daniel,  lo  Hecember  26th,  1817, 

Page,  Samuel,  to  December  24th,  1817, 

Kobinsou,  Jesse,  to  August  9th,  1817, 

Robinson,  Thomas  D.  to  January  8th,  1818, 

Sampson,  Joseph,  to  December  25th,  1817, 

Starr,  James,  junior,  to  January  1st,  1818, 

Scott,  John,  to  January  1st,  1818, 

Smith,  John  W.  to  January  1st,  1818, 

Sawtell,  Richard,  to  December  1st,  1817, 

Smith,  John,  junior,  to  January  1st,  1818, 

Smith,  Henry,  to  January  17th,  1818, 

Tobey,  Elisha,  to  December  30th,  1817, 

Treat,  Joseph,  to  December  20th,  1817, 

Thayer,  Samuel  M.  to  January  28th,  1818, 

Thayer,  Minot,  to  January  24th,  1818, 

Varnum,  Benjamin  F.  to  November  28th,  1817, 

Wright,  William,  to  November  28th,  1817, 

Wilder,  Nathaniel,  junior,  to  December  25th,  1817,  51 

Whiting,  Timothy  P.  to  January  20tli,  1818, 

Wood,  John  F.  to  January  28th,  1818, 

Ware,  William  R.  to  January  19th,  1818, 

Wingate,  Joseph  F.  to  January  10th,  J  81 8, 

Total, 

Brigade  Quarter- Masters^  Jlccounfs. 

Brastow,  Samuel,  for  1817, 
Blanchard,  John  B.  for  1817, 
Coburn,  Samuel  A.  for  1817, 
Copeland,  Jonathan,  for  1816  and  1817, 
Campbell,  James  A.  for  1817, 
Day,  Robert,  for  1817, 
Foster,  Freeman,  for  1817, 
Hobart,  Thomas,  for  1817, 
69 


43 

16 

6S  02 

56  75 

18 

50 

10 

23 

1C2 

10 

98  85 

58  34 

43  80 

125 

05 

46 

70 

16  00 

31 

65 

55 

41 

143 

54 

30  75 

Jl 

48 

93  25 

33 

15 

55 

25 

225 

49 

163  35 

183  67 

,    11 

95 

71 

52 

317,  51 

12 

120  00 

60  93 

32 

17 

16  62 

IB  2,666  89 

58  75 

27  25 

23  00 

51 

50 

32  50 

34  25 

17 

10 

37  30 

346 


MILITARY  ACCOUNTS. 


King,  Amos,  for  1817, 
Kendal,  Henry,  for  1817, 
Longley,  Edmund,  junior,  for  1817, 
Korton,  Winthrop  B.  for  1817, 
Pollard,  Oliver,  for  1817, 
Phinney,  Elias,  for  1817, 
Roberts,  Charles  L.  for  1817, 
Russ,  John,  for  18  i  7, 
Stimpson,  Joseph,  for  1817, 
Thomas.  Nathaniel,  for  1817, 
Wood,  David,  for  1817, 


18  00 

29  35 

36  30 

17  50 

31  10 

•^29  50 

13  20 

31  80 

17  00 

8  30 

17  85 

Total,     S521  55 


AdjidanVs  wlccounts. 

Adams,  Gribbens,  to  January  28tli,  1818, 
x\.very,  Joshua,  to  January  20th,  1818, 
Agry,  Thomas,  to  January  1st,  1818, 
Arms,  Grp.orge,  to  January  1st,  1818, 
Buttertield,  Joseph,  to  January  1st,  1818, 
Brown,  Thomas,  to  January  30th,  1818, 
Breed,  Andrew,  to  December  5th,  1817, 
Bryant,  Nahum,  to  September,  1817, 
Bancroft,  W.  A.  to  January,  1818, 
Blake,  Edmund,  to  January  1st,  1818, 
Brett,  Ezra,  to  January  1st,  1818, 
Bacchus,  Zenas,  to  November  lyth,  1817, 
Btay,  Josi?')    co  January  l2th,  1818, 
Coolidge,  liathaniel,  junior,  to  January  1st,  1818, 
Clapn,  WiD'iim  W.  to  January  28th,  1818, 
Campbell,  Daniel,  to  December  13th,  1817, 
Crane,  Thomas,  to  December  10th,  1817, 
Crowell.  >l!chael,  to  October  16th,  1817, 
Co.lius,  Michael,  to  November  24th,  1817, 
Cooky,  Stephen,  to  January  1st,  1818, 
Clark,  Samuel,  to  January  1st,  1818, 
Charappcy,  John,  to  January  12th,  1818, 
Clark,  John,  to  January  10th,  18  J  8, 
Clioate,  William,  to  January  1st,  1818, 
Cary,  Leonard,  to  January  1st,  1818, 
Cblraan,  Daniel,  to  January  1st,  1818, 
Cushing,  Ned,  to  December  27th,  1817, 


50  45 

31  67 

169  34 

7  84 

65  55 

15  05 

24  8l 

13  39 

66   19 

20  86 

8  31 

34  83 

78  66 

49  60 

50  12 

22  90 

,26  65 

23  04 

24  16 

20  87 

122  62 

155  49 

37  75 

15  19 

9  94 

27  90 

67  73 

MILITARY  ACCOUNTS.  517 

Clap,  James,  to  September  1 2th,  1817,  30  01 

Carr,  Joshua,  W.  to  January  1st,  1818,  23   10 

Clark,  Gilbert,  to  February  7  th,  1818,  64  08 

Draper,  William,  to  October,  1817,  2'J  60 

Doan,  Eliab  B.  to  January  1st,  1818,  33  30 

Doan,  John  G.  to  January  1st,  1818,  37  04 

Deming,  John  C.  to  January  ist,  1818,  40  31 

Eells,  Samuel,  to  January  24th,  1818,  76  55 

Emery,  Daniel,  to  October  24th,  1817,  1C6  37 

Freeman,  William,  to  December  25th,  1877,  14  60 

Foster,  Benjamin,  to  January  30th,  1818,  66  95 

Fairbanks,  Stephen,  to  January  30th,  1818,  94  12 

Heakl,  Josiah,  to  September,  i8l7,  28   12 

Hazletine,  Arad,  to  January,  1818,  40  00 
Hunton,  Jonathan  G.  to  November   10th,  1817,         23  65 

Haskell,  Joseph,  to  October  10th,  1817,  36  60 

Hayes,  John,,  junior,  to  January  22d,  1818,  24  69 

Hovey,  yVlfred,  to  January  ^st,  iSKS.  23  43 

Hoyt,  John,  C.  to  January  26th,  1818,  27  65 

Howard,  Samuel  S.  to  October  6th,  1817,  22  42 

Hasty,  Daniel,  junior,  to  January  1st,  1818,  38   18 

Hale,  filnoch,  to  January  ist,  1818,  64  52 

Hudson,  J.  R.  to  January  iOth,  1818,  20  58 

Hamilton,  Abiel,  to  January,  1818,  30  67 

Hapgood,  Thomas.,  to  November  1  1th,  1817,  43  23 

Jones,  William,  to  September  IHh,  1817,  18  40 

Jaques,  Henry,  to  September  17th,  1817,  46  98 

Knight,  Jonathan,  to  January  2d,  1818,  15  30 

Knight,  Peter  M.  to  January  1st,  1818,  14   16 

Keith,  Joseph,  to  January,  I8i8,  71   95 

Lib!)y,  Nathaniel,  to  January  1818,  42  89 

Lunt,  Peter,  to  January,  1818,  36  22 

Leavett,  Jesse,  to  December  15th,  1817,  35  5o 

Lincoln,  Asa,  to  November  1st,  1817,  28  22 

Larabee,  William,  to  January  29th,  1818,  35  25 

Munroe,  Benjamin,  to  January  1st,  1818,  36  95 

Mitchel,  Isaac,  to  December  31st,  1817,  31   60 

Nye,  Joseph,  to  January  1st,  1818,  35  02 

Noble,  Daniel,  to  January  1st,  1818,  7  57 

Ormsby,  Abraham,  to  November  27tli,  1817,  34  37 

Pond,  Asa  M.  to  December  24th,  18 17,  36  41 

Pyuchon,  George,  to  January  1st,  1818,  12  47 

Poor,  Nathan,  to  January  1st,  1818,  27  44 


&m  MILITARY  ACCOUNTS. 

Rockwell,  Uzal,  to  September  S2d,  1817, 
Rogers,  Daniel,  to  January  1st,  1818, 
Root,  Albert  R.  to  January  8tli,  I817, 
Richardson,  Wyman,  to  January  3d,  1818, 
Richardson,  George  F.  to  January  20th,  1815, 
Stanwood,  David,  to  January  6th,  18 18, 
Swasey,  John  N.  to  June  27th,  I8I7, 
Sever,  James,  to  December  3d,  1817, 
Sayles,  Richard,  to  October  13th,  1817, 
Sayles,  William,  to  October  13th,  I8I7, 
Sedgwick,  Charles,  to  January  20th,  18 17, 
Smith,  Henry,  to  January  20th,  1818, 
Spring,  Luther,  to  January  20th,  1818, 
Stone,  Hosea,  to  January  1st,  1818, 
Sexton,  George,  to  January  1st,  1818, 
Simpson,  George,  to  December  26th,  18 17, 
Shepard,  James,  2d,  to  January  19tt1,  1818, 
Treadwell,  Francis,  to  October  20th,  I8I7, 
Toby,  James,  to  January  1st,  1818, 
Thompson,  Charles,  to  December  20th,  1818, 
Tucker,  Seth,  to  January  1st,  1818, 
Traile,  J.  to  January  1st,  1818, 
True,  William,  to  December  17th,  18 17, 
Thompson,  Arad,  to  January  1st,  1818, 
Upton,  John,  to  November  18th,  I8I7, 
Wilson,  Hugh,  to  January  11th,  1818, 
Wheelwright,  George,  to  December  4th,  I8I7, 
Waldo,  Henry  S.  to  January  1st,  1818, 
Wilder,  David,  to  October  1st,  18l7, 
Webb,  Jonathan,  to  January  27th,  1818, 
Wild,  Jonathan,  to  January  1st,  1818, 
Ward,  John,  to  November  12th,  1817, 
Wyles,  Jolin,  to  December  3ist,  1817, 
Wright,  David,  to  January  1st,  1818, 
Wright,  Simeon  W.  to  January  1st,  1818, 
Wilder,  Elijah,  to  January  1st,  1818, 
Wilson,  Gowin,  to  January  13th,  1818, 

Total,     S  4,364  84 

Expenses  for  Horses  to  haul  Artillery^ 

Aldrich,  Crowell,  for  1817,  18  00 

Blasdell,  John,  for  1817,  15  00 


29  23 

28  98 

30 

91 

22 

21 

20  75 

56 

77 

54 

21 

80 

25 

28 

70 

28 

72 

17  70 

14 

37 

17  73 

23 

92 

28 

7S 

97  S2 

63 

47 

65 

11 

44 

18 

61 

07 

96  24 

14 

03 

9  71 

49 

65 

33 

00 

27  40 

17 

80 

49 

75 

28 

59 

59 

25 

148 

90 

15 

75 

44 

61 

29 

25 

28 

32 

20 

06 

40 

94 

MILITARY  ACCOUNTS.  D4G 

BatcheUler,  Jeremiah,  for  1816  and  1817,  10  00 

Bigelow,  David,  for  1817,  10  00 

Brown,  James,  for  1817,  15  00 

Babeock.  Nathan,  for  1817,  7  00 

Benner,  Philip,  for  I8I7,  20  00 

BatcheUler,  Samuel,  for  1817,  10  00 

Coffin,  Samuel,  for  I8I7,  I5  qq 

Cloutman,  Robert  F.  for  I8I7,  8  00 

Cutter,  Samuel,  for  ISI7,  23  75 

Cleaves,  William,  W.  for  1817,  5  00 

Crosby,  Abiel,  for  1816—1817,  12  00 

Dunham,  George  S.  for  181 7,  23  50 

Dewy,  Calvin,  for  18 17,  6  00 

Dalrymple,  William,  for  1817,  5  00 

Everett,  George,  for  I8I7,  16  00 

Fitch,  Horatio,  for  I8I7,  9  38 

Goldthwaite,  Moses,  for  I8I7,  10  00 

Gilley,  John,  for  18 17,  10  00 

Gay,  Seth,  for  181 6  and  I8I7,  30  00 

Hastings,  Simeon,  for  1817?  12  00 

Harrington,  Nathaniel,  for  1817,  20  00 

Hemingway,  Adam,  for  1817,  7  50 

Hopkins,  Charles  W^  for  1817,  6  00 

Heald,  Ebenezer,  for  I8I7,  10  00 

Jenkins,  Weston,  for  I8I7,  10  00 

Learned,  Thomas,  for  1817»  25  50 

Lyn,  William,  for  1817,  7  59 

Mason,  Isaac,  for  1817,  9  00 

Moody  Dudley,  for  1817,  5  00 

Mellen,  John  W.  for  1817,  12  00 

Masten,  William,  for  1817,  5  00 

Morris,  Edward,  for  181 7  15  00 

Noble,  Samuel,  for  1817,  6  00 

Perkins,  Nahum,  for  1816  and  I8I7,  10  CO 

Peirce,  Samuel,  for  I8I7,  20  00 

Phelps,  Julius,  for  1817,                                '  5  00 

Phelps,  Ansel,  for  18 17,  5  00 

Rider,  John  B.  for  1817,  5  00 

Shaw,  Southworth,  for  I8I7,  7  50 

Shaw,  Oliver,  for  18 17,  15  00 

Smith,  Edmund  M.  for  1817,  20  00 

Sibley,  Samuel,  for  I8I7,  5  00 

True,  Solomon,  for  1817,  5  00 


550    SHERIFFS'  k  CORONERS'  ACCOUNTS. 

Thaxter.  Jonathan,  for  I8I7,  54  00 

Whipple,  Henry,  for  1816,  8  00 

Warren.  Calvin,  for  1817,  16  00 

Welsh.  Edward,  for  1817.  5  00 

Walker,  (feorge.  for  I8I7,  20  00 

Wilkinson.  Simon,  for  I8I7,  30  00 

Wheeler,  Cyrus,  for  1817,  37  50 


Total, 

.  S  696  63 

Courts  Martial,  &c, 

1569  09 

Brigade  Majors,  &:c. 

S666  89 

Brigade  Quarier-Masters, 

521   55 

Adjutants, 

4364  84 

For  Artillery  Horses, 

696  63 

Total  Military,         S  9,819  00 

SHERIFFS'  AND  CORONERS'  ACCOUNTS. 

Austin,  Nathaniel,  Sheriflf  of  Middlesex,  for  dis- 
tributing precepts  and  returning  votes,  to  l6th 
Jauuary,  1818.  8  30 

Ames,  Nathan,  Deputy  Sheriif  of  Lincoln  Coun- 
ly,  for  summoning  witnesses  to  appear  before 
the  Committee  appointed  to  inquire  into  the 
state  of  the  Hallowell  and  Augusta  Bank,  to  the 
10th  October.  I8I7,  7  S5 

Billings,  Bradish.  Deputy  Sheriff  of  Suffolk  Coun- 
ty.  for  summoning  witnesses  to   appear  before       m^ 
the  Committee  appointed  to  inquire  into  the  state 
of  the  Hallowell  and  Augusta  Bank,  26th  Jan- 
uary, 1818,  2  50 

Dutch,  Ebenezer,  Coroner  of  Kennebec  County, 
for  distributing  precepts,  to  S5th  December, 
1816,  20  00 

Emerson,  James,  Deputy  Sheriff  of  Oxford  Coun- 
ty, for  apprehending  and  committing  to  gaol, 
Bernice  Richardson,  4th  April,  1816,  10  61 

Folsom.  John  W.  Coroner  of  Suffolk  County,  for 
inquisition  on  sundry  bodies  of  strangers,  and 
funeral  charges,  to  the  19th  January,  1818,  94  18 


PRINTERS'  ACCOUNTS.  551 

Green,  Asa,  Coroner  of  Hancock  County,  for  in- 
quisition on  the  body  of  a  stranger,  and  funeral 
charges.  26th  July.  1817,  ^  9^ 

Goodwin,  Ichabod,  Sheriff  of  York  County,  for 

returning  votes,  to  20th  January.  1818.  28  05 

Hunnewell,    Richard,    Sheriff    of    Cumberland, 

County,  for  returning  votes,  to  June,  1817,  10  00 

Johnson.  Jotham.  Coroner  of  Middlesex  County, 
for  inquisition  on  the  ])ody  of  a  stranger,  and 
funeral  charges,  4th  February.  1818,  20  35 

McLellan.  John,  Coroner  of  Cumberland  County, 
for  inquisition  on  the  body  of  a  stranger,  and 
funeral  charges.  21st  Juiy.  1817?  ^"^  ^^ 

Robbins,  Chandler,  Sheriff  of  Kennebec  County, 
for  distributing  precepts,  and  returning  votes,  to 
8th  January,  1818.  214  38 

Robinson,  Jesse,  Coroner  of  Kennebec  County, 
for  summoning  witnesses  to  appear  before  the 
Committee  appointed  to  inquire  into  the  state 
of  Hallowell  and  Augusta  Bank,  20th  Novem- 
ber, 1817,  1^  ^5 

Sawtell.  Richard,  Sheriff  of  Somerset  County, 
for  distributing  precepts,  and  returning  votes, 
to  30th  December,  1817,  152  20 

Smith,  Jonathan,  Coroner  of  Essex  County,  for 
inquisition  on  the  bodies  of  sundry  strangers, 
and  funeral  charges,  to  23d  January,  1818,  58  75 

Thatcher,  Samuel,  Sheriff  of  Lincoln  County, 
for  distributing  precepts,  and  returning  votes, 
to  14th  February,  1818,  179  00 

Ward,  Thomas,  W.  Sheriff  of  Worcester  Coun- 
ty, for  services  and  fees,  in  disposing  of  Joseph 
Stone's  estate,  and  returning  votes  to  14th  Feb- 
ruary, 1818,  '  48  66 

Total  Sheriffs'  and  Coroners',     S  909  44 

PRINTERS'  ACCOUNTS. 

Allen,  Phineas,  for  publishing  notice  of  Commis- 
sioners of  Land  Office;  notice  respecting  deaf 
and  dumb  ;  and  acts  and  resolves,  to  Decern- 
ber,  1817,  23  92 


55S  PRINTERS'  ACCOUNTS. 

Ballard  and  Wright,  for  publishing  list  of  taxes, 
and  notice  respecting  deaf  and  dumb,  to  3d  Oc- 
tober. 1817,  ^^  00 

Clapp,  William  W.  for  publishing  notice  of  deaf 
and  dumb,  and  acts  and  resolves^  to  1st  Janu- 
ary, 1818,  27  51) 

Cheever,  Nathaniel,  for  publishing  notice  of  Com- 
missioners of  Land  OfRce,  and  acts  and  re- 
solves, to  10th  January,  1818,  39  16 

Gushing,  Thomas,  for  publishing  acts  and  re- 
solves, to  June,  1817,  16  67 

Douglas.  Francis,  for  publishing  list  of  taxes  on 

unimproved  lands  in  Maine,  13th  July,  1817,         ^^  00 

Dickman,  Thomas,  for  publishing  acts  and  re- 
solves, to  October,  1817,  25  00 

Edes,  Peter,  for  publishing  acts  and  resolves  ;  no- 
tice respecting  deaf  and  dumb  ;  and  of  Commis- 
sioners of  Land  Office,  to  November,  1817,  20  83 

Lindsey,  Benjamin,  for  publishing  acts  and  re- 
solves, to  May,  1817, 

Phelps,  Ansel,  for  publishing  acts  and  resolves, 
to  1st  January.  1818, 

Russell,  Benjamin,  for  publishing  notice  of  Com- 
missioners of  Land  Office,  and  acts  and  re- 
solves, to  1st  January,  1818, 

Russell,  Benjamin,  by  Russell,  Cutler  and  Co. 
for  printing  done  for  the  government,  to  18th 
February,  1818, 

Russell,  Cutler  and  Co.  for  publishing  acts  and 
resolves,  to  May,  1817, 

Shirley,  A.  and  J.  for  publishing  resolves  respect- 
ing deaf  and  dumb ;  public  lands  in  Maine  ; 
notice  of  Commissioners  of  Land  Office ;  and 
acts  and  resolves,  to  1st  January,  1818, 

Shepherd,  Thomas  W.  for  publishing  acts  and 
resolves,  to  1st  January,  1818^ 


Total  Printers,         S  2,962  50 


MISCELLANEOUS   ACCOUNTS.  d5S 

Agricultural  Society,  for  sundry  expenses  in  rais- 
ing seeds  and  plants,  and  by  experiments  made 
by  said  society,  in  the  public  garden  at  Cam- 
bridge, under  the  direction  of  W.  D.  Peck ;  and 
for  printing,  engraving,  &c.  in  full  for  the  year 
1817,  1000  00 

Bird,  Abraham,  for  boards  and  timber,  furnished 

for  State  House,  to  lOth  November,  1817,  409  83 

Boston  Glass  Manufactory,  for  glass  for  the  State 

House,  to  6th  January,  1818,  54  95 

Blaney,  Henry,  for  mason's  work  and  materials, 

on  the  State  House,  to  S6th  January,  1818,  571  34 

Bradley,  Samuel,  for  sundry  hard  ware  for  State 

House,  to  19th  January,  1818,  180  11 

Bnrditt,  James  W.  for  stationary   furnished  the 

government,  to  10th  February,  1818,  223  16 

Barker,  James,  for  sundries  for  tlie  State  House, 

to  26th  January,  1818,  68  23 

Bacall  and  Kettle,  for  work  on  the  State  House, 

to  26th  January,  1818,  113  33 

Ballard,  J.   and  J.  for  carpeting  for  the  State 

Housie.  to  26th  January,  1818,"  328  39 

Boston  Board  of  Health,  for  sundry  repairs  on 

Rainsford  Island,  and  schooner,  to  May,  I8I7,     267  06 

Bacon,  Henry,  for  assisting  the  Messenger  of  the 

General  Court,  to  21st  February,  1818,  IO6  00 

Cotton  and  Lincoln,  for  painting,  &:c.  done   on 

the  State  House,  to  4th  February,  1818,  3290  51 

Chase,  Warren,   for  assisting  the  Messenger  of 

the  General  Court,  to  21st  February,  1818,  106  00 

Committee    for  examining   the 
counts,  to  January,  1818,  vizi 

John  Wells, 

Joseph  B'emis, 

Thomas  Greenleaf, 

M.  Withington, 

William  Tudor,  junior,  i^  00 — -70  00 

Burant  and  SnelUng,  for  glazing  done  on  State- 

House,  26th  January,  1818,  90  00 

Farrie,  John,  junior,  for  writing  for  the  govern- 
ment, February,  1818,  "  5  00 

Francis,  Mary,  for  her  son  Joseph,  as  Page  to  the 

House  of  Representatives,  to   21st  February,       42  50 
1818, 

70 


treasurer's    ; 

ac- 

14 

00 

14 

00 

14- 

00 

14 

00 

i^ 

00— 

-70 

55^  MISCELLANEOUS  ACCOUNTS. 

Goodrich,  Isaac    W.  for   sundry  stationary  foi 

Secretary's  ofl&ce,  to  28th  November,  1817,  fil  75 

Grant,  Mo»*es,  for  making  carpet,  &c.  for  the  State 

House,  to  January,  1818,  54  00 

Grant,  J«)hn  and  Charles,  for  paper  for  the  State 

House,  to  30th  September,  1817,  88  37 

How,  Joseph,  for  tin  ware  for  the  State  House,  to 

S6th  January,  1818,  9  16 

Holt,  Tht)raas,  for  sheet  lead  for  the  State  House 

8th  August,  1817,  81  19 

Kuhn,  Jacob,  for  superintendiiig  the   repairs   on 

the  State  House,  to  14th  February,  1818,  19S  00 

Lincoln,  Amos,  for  work  done  on  the  State  House, 

to  26th  January,  1818,  187  07 

Lane  and  Lamson,  for  crape  furnished  the  Legis- 
lature, 2Uh  January,  1818,  49  17 

Low,  Lewis,  for  assisting  the  Messenger  of  the 

General  Court,  to  21st  February,  1818,  100  00 

Low,  John,  junior,  for  assisting  the  Messenger 

of  the  General  Court  to  21st  February,  1818,         96  50 

Loring,  Josiah,  for  stationary  furnished  the  Secre- 
tary's  and  Treasurer's  Oflces,  to  19th  Febru- 
ary, 1818,  64  61 

Otis  and  Thaxter,  for  boards  and  joist  for  the 

State  House,  to  26th  January,  1818,  48  15 

Odin,  John,  for  sheet  lead,  for  the  State  House, 

to  26th  July,  1817,  IS  89 

-llichardson,  Alford,  for  his  services  in  visiting 
the  Alms  houses,  and  examining  paupers  in  sun- 
dry towns,  pursuant  to  a  resolve  of  the  18th 
June,  1817,  150  00 

Shaw,  John  A.  for  white  rope  for  State  House, 

to  26th  January,  1818,  37  00 

Segar,  Ebenezer,   for  his   salary  as   Keeper  of 

kainsford  Island,  to  17th  February,  1818,  44  44 

Wheeler,  John  H.   for  work  done  on  the  State 

House,  to  26th  January,  1818,  1,395  29 

West  and  Richardson,  for  stationary  for  the  Sec- 
retary's Office,  to  lOUi  December,  1817,  SI  50 
Whitney  Jonathan,  for  lime  and  sand  for  State 

House,  to  26th  January,  1818,  4  83 

Wells,  John  and  Benjamin  F.  for  copper  and  work 

on  the  State  House,  to  26th  January,  1818,  ^Q  7^ 

Total  Miscellaneous,  S  9,655  05 


IIESOLVE  TO  PAY  ROLL  NO.  78.  556 


Aggregate  of  Roll  JSTo.  78- 

Expenses  of  State  Paupers,  39,098  50 

Do.         Militia,  9,819  00 

Do.         Slieriffs  and  Coroners,  909  44 

Do.         Printers,  2,963  50 

Do.         Miscellaneous,  9,655  05 


63,444-  49 


Resolved,  That  tliere  be  allowed  and  paid  out  of  the 
public  treasury,  to  the  several  corporations  and  persons 
mentioned  in  this  roll,  the  sums  set  against  such  corpora- 
tions and  persons'  names  respectively ;  amounting  in  the 
whole,  to  sixty-two  thousand,  four  hundred  and  forty-four 
dollars  and  forty-nine  cents;  the  same  being  in  full  dis- 
charge of  the  accounts  and  demands  to  which  they  refer. 

February  2Sd,  1818 — Approved, 

J.  BROOKS. 


COMMONWEALTH  OF  MASSACHUSETTS. 

sechetaby's  office,  mat  22,  1818. 

By  this,  I  certify,  that  the  Resolves  contained  in  this  pamphlet,  passed 
at  the  session  of  the  General  Court,  beginning  the  fourteenth  of  January, 
and  ending  the  twenty-fourth  of  February,  A.  D.  one  thousand  eight 
hundred  and  eighteen,  have  been  examined  and  compared  with  the  origi- 
nals in  this  Office,  and  appear  to  be  corect. 

ALDEN  BRADFORD, 

Secretary  of  tfie  Commonwealth. 


INDEX 


TO  RESOLVES  PASSED  AT  THE  SESSION  OF  THE  GENERAL 
COURT,  WHICH  BEGAN  14th  JANUARY,  1818 


A. 

ACADEMY,  Canaan,  half  a  township  granted  for,  -  -         437 

"  Nantucket,  Proprietors  empowered  to  release  an   half 

township  granted  them,  and   to  sell  and  divide   their  corporate 

property,  -  -  -  -  -  -         -         506 

Adjutant-General,  to  certify  copies  of  the  records  of  Courts  Martial,  529 
Allen,  Hon.  Joseph,  appointed  Agent  to  sell  the  interest    the    Coni- 

monwealth  has  by  mortgage  deeds  executed  by  H.  Prentiss  and  B. 

Cheever,  of  Princeton,  -  '  -  -  -  -         509 

Athenaeum  Boston,  doings  of  the  Proprietors  confirmed,       -  478 

Attorney  and  Solicitor   Generals,  directed   respecting   Kennebeck 

Bridge  Lottery,  -  .  -  -  -  -         533 

B. 

Bank,  Boston  Merchants,  time  altered  for  paying  instalments,  -  520 
Barnard,  Theodore  and  Lucy,  Wm.  Wells,  Esq.  empowered  to  sell 

real  estate  of,  in  Shelburne,  .  .  -  .  .  490 

Barnstable  County,  tax  granted,  -  -  "  -  -  494 

Berkshire,  "  -----  494 

Bingham  Wm.  late.  Resolve  respecting  taxes  on  land  in  the  District 

of  Maine,  purchased  by  him,  -  -  _  .  515 

Braintree,  records  and  doings  confirmed,     -  -  -  .  503 

"         First  Parish      ,       "  -  -  -  -  504 

Bridge,  Edmund,  empowered  to  warn  a  meeting  of  the  Proprietors 

of  the  upper  Bridge  on  Eastern  River,  for  the  choice  of  officers,  492 
Bridge  at  the  Falls   over    Deerfield    River,  Court   of  Sessions  for 
Franklin   County  empowered  to  hear  any  petition  for  aid  to 

build,  &c.  -  -  -  -  -  -  498 

"     Kennebeck,  Lottery,  Attorney  and  Solicitor  Generals  directed,  533 

Bristol  County,  tax  granted,  -  "  -  -  -         -  49  J 

Brown,  Henry  C.  committee  on  accounts  to  examine  and  allow  his 

account,    -.-_..-_  499 

Burghardt,  Hugo,  Esq.  allowed  pay  as  a  Representative,  -  532 


^  INDEX. 


Canaan,  allowed  further  time   to  pay  State  tax  for  1815, 

Capen,  John,  Treasurer  to  issue  a  new  note  to, 

Card,  Thurston,  pensioned,      ----- 

Chaplains  of  the   General  Court,   pay  granted,     -  -  - 

Clement,  Daniel,  and  H.  Y.  B.  Osgood,  sureties  of  the  late    Sheriflf 

M'Lellan,  allowed  further  time  to  pay,       -  -  - 

Clerks  of  the  General  Court,  pay  granted,  _  .  - 

Cobb,  Hon.  David,  agent  to  Trustees  of  the  estate  ofWm.  Bingham, 
deceased,  Resolve  oq  memorial  respecting  taxes  on  Bingham  pur- 
chase in  Maine,         -  -  -  -  -  - 

Codman,  Stephen,  executor  of  the  Will  of  John  Codman,  to  execute 
a  deed  to  Episraim  Weston,  ....  - 

Commissioners  of  the  Land  Office,  authorised  to  release  lot  No.  101 

in  Bangor  to  the  heirs  of  Allen 
M'Laughlin  deceased, 
"  "  to  settle  with  the  grantees  of  land 

in  now  Portertie'd,  the  true 
quantity,  viz.  J.  Howard  and 
others,     -  -  - 

"  '*  to  receive  a  release  from  Joseph 

Treat,  Esq.  of  land  sold  to  him, 
and  quiet  settlers  thereon,     - 
"  "  to  settle    with   Seth    Spring  and 

others  relative  to  overplus  land 
in  Baldwin, 
,        "  "  to  convey  100  acres   to   such  as 

shall   begin  a    settlement    on 
lands   adjoining   the  new  road 
from  Kennebeck  towards  Cana- 
,  -  da  and  between  the  Penobscot 

and  St.  John's  rivers, 
"  "  granted  ^500  to  erect  a  Saw  mill 

on  Hale's  stream  ;  and  author- 
ized to  convej'  to  the  party 
performing  the  work  50  acres 
contiguous  thereto,  including 
half  the  stream,  &c. 
*'  "  may  apply  monies  in  their  hands 

to  the  opening  a  road  from  Pe- 
nobscot to  the  eastern  line, 
"  "  to  cause  a  road  tobe  made  through 

lands  on  the  east  side  of  Pe- 
nobscot, and  south  of  Passa- 
dumky  stream, 
"  "  to  receive  and  apply  ^500  grant- 

ed for  a  road  through  Orange - 
town,  -  -  491, 

"  "  Salaries,  -  -       525, 

Commissioners  on  Rhode  Island  north  line,  continued  and  vested 
with  ample  powers,  -  -  .  -  - 


623 
482 
487 
530 

511 

530 


483 


483 


493 


522 


513 


513 


513 


514 


551 
531 

489 


INDEX. 

Commissioners  to  visit  Marshpee  and  Herring  Pond  Indians,  and 
inquire  respecting  the  mode  of  taking  care  of  them,  and  respect- 
ing their  lands,  -------  486. 

Committee  on  the  subject  of  deaf  and  dumb  persons,  -  -  496 

"  to  revise  the  criminal  code,  _  -  _  507 

"  to  revise  probate  laws  compensated,    -  -  -  524 

"  to  examine  Old  Colony  Records,  &c.         -  -  514 

"         on  Accounts  to  examine  and  allow  the  account  of  Henry 

C.  Brown,         -  .  -  -  499 

"  "         pay  granted,  .  _  -  -  530 

"  "         Roll  No.  78,     -  -  -  -  534 

Corn ville,  doings  confirmed,  -  -  -  -  -  512 

Court  of  Sessions  and  Clerk  for  Washington,  doings  made  valid,  488 

Crawford,  Levi,  half  the  debt  recovered  of  B.  Reed  released  to,  500 

Cumberland  County,  tax  granted,  -  -  .  -  494 

Cummings  and  Hilliard,  Secretary  to  allow  50  cents   additional  for 

each  copy  of  Term  Reports,    -    .        -  r  -  -  501 

D. 

Deaf  and  dumb  persons,  committee  to  consider  the  subject  of,     -        496 

E. 

Essex  County,  tax  granted,  -  -  .  .  _        494 

F. 

Fairhaven,  empowered  to  a«sess  ^3719  73  upon  polls  and  estates,  491 
Fay,  Samuel  P.  P.  as  administrator  of  the  estate  of  A.  Moore  empow- 
ered to  convey  to  Seth  Hastings  part  of  5  acres  in  Cambridge,     -  526 
Fayette,  records  and  doings  confirmed,             -              -              -  499 
Field,  Joseph  and  J.  Gore,  their  houses  may   remain  covered  with 

clapboards,  -----..  490 
Foster,  Joseph,  grant  for  extra  services,  .  .  ,  531 
Franklin  County,  tax  granted,  -----  494 
Frankfort,  Quarter-master  General  to  notify  to  return  muskets,  -  528 
Frye,  Benjamin,  allowed  ^44  for  expense  of  sickness  while  in  de- 
tached militia,  1814,             -----  509 

G. 

Gore,  Jeremiah  and  Joseph  Field,  their  houses  may  remain  covered 

with  clapboards,  ----..         490 

Governor,  his  message  to  the   General  Court,  -  -  457 

"  *'       informing  of  the  completion  of  the    arsenal 

and  laboratory,  -  -  -         476 

''  "       announcing  the  death  of  the   Hon.  Samuel 

Fales,       -----    477 
"  "       submitting  resolves    of    N.  Carolina   on   an 

amendment  of    the    Constitution  of  U.   S. 
proposed  by  N.  Jersey,  -  -  479 

*'  *'        communicating  suggestions  of  the  justices  of 

the  Supreme  Judicial  Court  respecting  the 
right  of  appeal  and  review,  -  -   48l 


INDEX. 

Governor,  his  message,  communicating  the  adjusted  account  of  the 

late  Treasurer,  Apthorp  ;  returns  of  Field 

Artillery  Ordnance  stores,  camp  equipage 

and  arms,       -  -  -  -  481 

"  "        announcing  the  resignation  of  Major  General 

Richardson,         -  _  _  .    484 

"  "       communicating  a  letter  from  the   governor 

of  Tennessee,  and  that  Gen.   Russell  de-    . 
clines  the   office  of  Major  General  of  the 
12th  Division,  -  -  -  502 

'"'  "       communicating  2  letters  from  the  Governor 

/  of  Vermont,  relating  to  amendments  to  the 

Constitution  of  the  United  States,  -         512 

"        authorised  to  cause  a  fire  proof  building  to   be  erected 

for  the  security  of  public  records  and  papers,     485 
"  to  appoint   three   persons  to   treat  with   the 

Penobscot  Indians,  _  .  .         507 

"  "  to  cause  such  an  examination  of  the  StateHouse 

as  any   indications   of  danger  from  fire  may 
suggest,         -  .  _  -  -    486 

Guardians  of  Christiantown  Indians,  to  lodge  in  the  Secretary's  office 
an  account  of  lands  sold  under  their  guardianship,      -  -  500 

H. 

Hampden  County,  tax  granted,  _  _  -  .  494 

Hampshire,     "  "  .....       494 

Hancock,         ""...--  494 

Houndsfield,    Bartholomew,   permitted  to  purchase  and  hold  real 

estate,  _-.._-- 

Howard,  Joseph  and  others.  Commissioners  of  the  Land  Office  di- 
rected, -  ..... 
Hubbard,  Robert,  and  F.  Barnard,  Wm.   Wells,  Esq,  authorized  to 
sell  the  estate  in  Shelburne,  the  property  of  Lucy  Barnard,     - 

I. 

Indians,  Marshpee  and  Herring   Pond,   commissioners  to  visit  and 

ascertain    certain   facts    respecting,  &c.         -  -         486 

"       Christiantown,  guardians    to   lodge    in   the   Secretary's  of- 
fice an  account  of  lands   sold    under  their  guardianship,      500 
-'       Penobscot  ^100  granted    Q,.  M.  G.  for  expenses    of  2,  503 

"  "  Governor  authorised  to  appoint  commissioners 

to  treat  with,  for  a  relinquishment  of  lands,  &c.    508 
Jennison,  Rebeckah,  and  Silas   Brooks,  administrators  de   bonis  non 
of  the  estate  of  David  Curtis,  to  execute  a  quitclaim  deed,       -         477 

Kennebeck  County,  tax  granted,  ...  -  494 

Kingfield,  records  confirmed,  -  -  .  .  516 

Knight,    Jonathan,   executor   of  the    will   of    Samuel   Brooks,   to 

quitclaim  all  right  in  certain  lands,  ....  474 

Kuhn,  Jacob,  messenger,  grant  for  fuel,  &c.     -  -  -  473 

"  "  "     in  addition  to  his  salary,       -  -  51^ 


INDEX. 


Laws,  Committee  to  revise  the  criminal  code,    -  -  .  507 

"      Probate,  committee  for  revising  compensated,  -  -  524 

Lewis,  Winslow,  Capt.  Sea  Fencibles  may  consist  masters  mates  and 

supercargoes,  -  -  _  _  .  510 

Lincoln  County,  tax  granted,  -  -  .  .  .  494 

Lock,  Ward,  assistant  to  the  Messenger,  pay  allowed,  -  530 

Lottery,  Kennebeck  Bridge,  Attorney  and  Solicitor  General  directed,  533 

M. 

Middlesex  County,  tax  granted,              -              -             -            .  494 
Mingo,  Wm.  and  others,  Marshpee  Indians,  commissioners  appointed 
to  visit  the  tribes   to  ascertain   the  quantity  and  value  of  lands, 

what  has  been  alienated  and  how  applied,  &c.           -             -  486 

M'Lellan,  James,  pay  as  a  Representative  granted,              -             -  532 

Morley,  Hannah  and  Sylvanus  G.  authorised  to  sell  estate,        -  473 

N. 

Noriblk  County,  tax  granted,-       -  .  -  -  -      494 

O. 

Orangetown,  ^500  granted  for  a  road  through,  -  491  531 

Oxford  County,  tax  granted,  -  .  _  -  494 

P. 

Patten,  Christopher  and  others,  Shakers,  granted  ^120,    -  -      501 

Penobscot  County,  tax  granted,  .  .  .  .  494 

"  "        Sheriff  authorized  to  remove  prisoners  from  Cas- 

tine  gaol,      -  -  -  -  -       521 

Perkins,  Jonathan,  his  doings  as  a  Coroner  for  Kennebeck  confirmed,     502 
Pierce,  Joseph  H.  Esq.  agent  at  Washington,  ,^600  advanced  to,  480 

Porter,  Nehemiah,  Sylvia  Porter  authorized  to  convey  10  acres  of 
land  to,         -------  495 

Pratt,  Benoni,  Court  of  Sessions  for  Franklin  County  empowered  to 
hear  any  petition  for  aid  to  boild  a  bridge  at  the  Falls  over  Deer- 
field  river,  &c.  ..-.._       498 
Prisoners  in  Castine  gaol,  sheriff  of  Penobscot  county  authorized  to 

remove,       -...-.-  521 

Prison,  State,  appropriation  for  expenses  of,  -  -  -      480 

Q. 

Quarter-master  General,  granted  glOO  for  expenses  of  2  Penobscot 

Indians,      -  -  -  -  503 

"  "         account  adjusted  and  appropriation  for  his 

department,     -  -  -  -       521 

"  "         to   furnish   Ebenezer  Weston   and  others 

with  arms,  &c.      -  -  -  527 

''  "        to  notify  Frankfort  to  return  muskets,       -      528 


INDEX. 


R. 

Records  of  Plymouth  Colony,  committee  to  examine  and  report  how 
far  it  is  proper  to  have  them  deposited  with  the  Secretary  of  the 
Commonwealth,  &c.  .  -  .  .  . 

Read,  George,  granted  ^40  from  the  forfeited  recognizance  of  A. 
Whitney,  ...  _  .  ,  , 

Reports,  Term,  additional  allowance  for,  ^  -  - 

Rhode  Island,  commissioners  to  ascertain  north  line  between  that 
State  and  this  Commonwealth,  continued   with  ample  powers, 


611 
501 


S. 

Sea  Fencibles  in  Boston,  may  consist  of  masters,  mates  ancl  super- 
cargoes, ....... 

Secretary,  to  allow  50  cents  additional  for  Term  Reports, 
Sheriff  of  Penobscot  County,  authorized  to   remove  prisoners  from 
Castine  gaol,  ...... 

Solon,  records  confirmed,        .  .  .  -  . 

Somerset  County,  tax  granted,     -  -  -  -  - 

Spauldjng,  Zebulon,  Treasurer  to  issue  a  new  note  to, 
Sprague,  Abigail,  as  administratrix,  authorized  with  others  to  exe- 
cute a  deed  to  proprietors  of  a  Meetinghouse  in  Bath, 
Spring,  Seth  and  others,  commissioners  to   settle  with   respecting 

overplus  land  in  Baldwin,     -  .  .  -  - 

State  House,  fire  proof  building  to  be  erected  for  security  of  public 
Records,  &c.     ....... 

Stone,  William,  discharged  from  a  judgment  and  costs, 
Suffolk,  tax  granted,        -.-.-. 
Surveyor  General,  salary  fixed,  .  -  -  - 

T. 

Taxes,  granted  to  the  county  of  Barnstable,    "^ 

Berkshire, 
Bristol, 
Cumberland, 
Essex, 
Franklin, 
Hampden, 
Hampshire, 
Hancock, 
Kennebeck,    ^ 
Lincoln,  j 

Middlesex,     | 
Norfolk, 
Oxford, 
Penobscot, 
Somerset, 
Washington, 
Worcester, 
York, 
Suffolk, 


494 


52: 


INDEX. 

Taxes,  remitted  to  sundry  places,  ,  .  -  -       504 

Thompson,  William,  granted  S300  for  adjusting  the  books  and  pa- 
«  pers  of  the  State  Prison,     -----  530 

Tovvnsend,  David,  guardian  of  Abraham  Pierce,  authorised  to  sell 

estate,  .-..-.  -      525 

Treasurer,  directed  relative  to  taxes  on  lands  in  Maine,  purchased 

by  the  late  Wm.  Bingham,  .  .  .  519 

"  to  suspend  prosecution  of  the  sureties  of  the  late  sherift' 

M'Lellan,  -  -  -  -  -       511 

"  to  issue  a  new  note  to  John  Capen,  5,       -  -  482 

"  to  deliver  up  the  bond  of  Joseph  Treat  of  Bangor,  Esq. 

on  condition,         -----       493 
"  to  issue  a  new  note  to  Z.  Spaulding,         -  -  496 

"  to  credit  sundry  places  with  taxes  remitted,  -      504 

W. 

Waite,  Nathaniel,  prisoner  in  Worcester  gaol  to  be  discharged,  482 

Washington  County,  tax  granted.       -  -  .  .  494 

"  "        doings  of  Court  of  Sessions  and  Clerk  made 

valid,         -  -  -  .  .  488 

Webster,  Daniel,  guardian  to  Allen  M'Laughlin,  commissioners  of 

Land  Office  directed,  -  -  -  -  .  483 

Weston,  Ebenezer,  and  others,  Quarter-master  General  to  furnish 

arms,  &c.  for  those  lost  by  them  at  Bangor,  in  1814,  527 
-'         Ephraim,  Stephen  Codman,  executor  of  the  will  of  John 

Codman  empowered  to  execute  a  deed,    -  -  528 

Whitman,  Kilborn,  grant  to  for  services  as  agent  to  Christiantown,  510 

Worcester  County,  tax  granted,  -  -  .  .  494 

Y. 

York  County,  tax  granted,    -  .  -  _  .  494 


RESOLVES 


OF    THE 


GENERAL    COURT 


CommonUieaKtl)  of  dUSajS^atfiujSettj^, 


PASSED  AT  THEIR  SESSION 

WHICH  COMMENCED  ON  WEDNESDAY,  THE  27th  DAY  OF  MAY,  AND 
ENDED  ON  THE  13th  OF  JUNE,  1S18. 


Published  agreeably  to  a  Resolve  of  16th  January,  1S12. 


BOSTON : 
PRINTED  BY  RUSSELL  &  GARDNER,  FOR  BENJAMIN  RUSSELL, 


pkinteh  to  the  state. 


1818. 


CIVIL    GOVERNMENT 

OF  THE 

COMMONWEALTH  OF  MASSACHUSETTS, 

FOR  THE  POLITICAL  YEAR  1818 19. 

mS  EXCELLENCY 

JOHN  BROOKS,  ESQUIRE, 

GOVERNOR. 

HIS  HONOR 

WILLIAM   PHILLIPS,  ESQUIRE, 

LIEUTENANT  GOVERNOR. 


COUNCIL. 

HON.  NAHUM   MITCHELL, 

"  JOSIAH  STEBBINS, 

"  JOHN  C.  WILLIAMS, 

"  PETER  C.  BROOKS, 

"  SAMUEL  CROCKER, 

"  JOHN  PICKERING, 

"  DWIGHT  FOSTER, 

«  SAMUEL  P    P.  FAY, 

"  JAMES  BRIDGE. 


ALDEN  BRADFORD,  ESQUIRE, 

SECRETARY  OF  THE  COMMONWEALTH. 

HONORABLE    DANIEL    SARGENT, 

TREASURER  OF  THE  COMMONWEAJLTH. 


SENATE. 
HON.    JOHN    PHILLIPS^ 

PRESIDENT. 

COUNTY  OF  SUFFOLK. 

Hon.  John  Phillips,  Hon.  Jonathan  Hunewell, 

Josiah  Quiney,  Artemas  Ward, 

James  Lloyd,  Andrew  Ritchie. 

COUNTY  OF  ESSEX. 

Hon.  Israel  Bartlett,  Hon.  William  B.  Banister. 

Dudley  L.  Pickman,  Leverett  Saltonstall. 

Nehemiah  Cleveland, 

COUNTY  OF  MIDDLESEX. 

Hon.  Joseph  B.  Varuum,       Hon.  Leonard  M.  Parker. 
John  Hart, 

COUNTY  OF  WORCESTER. 

Hon.  Oliver  Crosby,  Hon.  James  Humphreys, 

Daniel  Waldo,  Stephen  P.  Gardner. 

HAMPSHIRE,  HAMPDEN  AND  FRANKLIN. 

Hon.  Samuel  Lathrop,  Hon.  Jonathan  H.  Lyman, 

Elihu  Hoyt,  Jonathan  D wight,  jun. 

COUNTY  OF  BERKSHIRE. 

Hon.  Caleb  Hyde,  Hon.  Daniel  Noble. 


SENATE.  559 

COUNTY  OF  BRISTOL. 

Hon.  James  Howland,  2d,      Hon.  John  M.  Williams. 

COUNTY  OF  PLYMOUTH. 

Hon.  Elisha  Ruggles,  Hon.  Ebenezer  Gay. 

COUNTY  OF  BARNSTABLE,  DUKES'  COUNTY 
AND  NANTUCKET. 

Hon.  Solomon  Freeman, 

I 

I  COUNTY  OF  NORFOLK. 

Hon.  Joseph  Bemis.  Hon.  John  Endieott. 

COUNTY  OF  YORK. 
Hon.  Alexander  Rice,  Hon.  William  Moody. 

COUNTY  OF  CUMBERLAND. 

fe     Hon.  Archelaus  liewis,  Hon.  Samuel  Fessenden. 

h 

■^     LINCOLN,  HANCOCK  AND  WASHINGTON. 

Hon.  William  King,  Hon.  William  D.Williamson. 

James  Campbell, 

COUNTY  OF  KENNEBEC. 

Hon.  Solomon  Bates. 

OXFORD  AND   SOMERSET. 

Hon.  Samuel  Small. 


SAMUEL  F.  McCLEARY,  Esq.  Clerk. 
JOHN  FARRIE,  Jun.  Assistant  Clerk. 
Rey.  henry  ware,  Jun.  Chaplain. 


HOUSE  OF  REPRESENTATIVES. 

HON.    TIMOTHY    BIGELOW9 

SPEAKER. 


COUNTY  OF  SUFFOLK. 

Boston^  Stephen  Codman, 

Benjamin  Russell, 
Benjamin  Whitman, 
Charles  Davis, 
William  H.  Sumner, 
Nathaniel  Curtis, 
John  Howe, 
Jonathan  Loring, 
Benjamin  Gorham, 
Benjamin  Smith, 
John  Cotton, 
Benjamin  Rand, 
David  Sears, 
Francis  Bassett, 
Enoch  Silsby. 

Chelsea. 


Salenif 


ESSEX.. 

John  Osgood, 
John  Prince,  junior, 
Ebenezer  Seceomb, 
Samuel  Ropes, 
Joseph  Eveleth. 
Ipswich,  Joseph  Farley, 

JSewhurj/f  iSilas  Little, 

Daniel  Emery. 
Lynrif  Ezra  Mudge. 


HOUSE  OF  REPRESENTATIVES.        561 


Gloucester, 

William  W.  Parrott 

Rowley^ 

Joshua  Jewett. 

Salisbury, 

Wenham, 

Paul  Porter. 

Manchester. 

Haverhill) 

David  How. 

Jlndover, 

Thomas  Kitteridge. 

Marblehead, 

John  Bailey. 

Topsfield. 

Amesbury, 

Oliver  Stearns. 

Beverly, 

Robert  Rantoul. 

Bradford, 

William  Greenough 

Boxford. 

Methuen, 

Benjamin  Osgood. 

Middleton. 

Danvers, 

Frederic  Howes. 

JSTewburyport, 

Stephen  Howard, 

Ebenezer  Moseley. 

Lynnjield: 

Hamilton. 

Saugus. 

MIDDLESEX. 

Charlestown, 

Timothy  Walker, 

Oliver  Holden. 

Watertown, 

Levi  Thaxter. 

Medford, 

Timothy  Bigelow. 

Cambridge, 

Samuel  P.  P.  Fay. 

Concord, 

Thomas  Wheeler. 

Sudbury,       % 

Isaac  Gibbs. 

Woburn, 

John  Wade. 

Beading, 

Edmund  Parker. 

Maiden. 

Chelmsford, 

Samuel  Stevens. 

Billerica. 

Groton, 

Luther  Lawrence. 

562        HOUSE  OF  REPRESENTATIVES. 


Marlborough, 

Daniel  Ikigham. 

Dunstable, 

Sherburne. 

Stow  and  Boxborough, 

Joseph  Stone. 

JSTewton, 

Joseph  Jackson. 

Framingham, 

John  Trowbridge. 

Dracut. 

Weston, 

George  W.  Smith. 

Lexington, 

Littleton, 

Jonathan  Manning. 

Hopkinton. 

Holliston, 

Stoneham, 

Wesfford,      < 

■» 

Bedford, 

John  Meriam. 

Wilmington, 

Townsend. 

Tewksbury, 

Acton, 

Joseph  Noyes. 

Waltham, 

Shirley. 

Pepperell. 

Lincoln. 

' 

Jlshby. 

East  .'Sudbury, 

Micah  M.  Rutter. 

J\*atick. 

' 

Ttjngsborough. 

Burlington. 

Carlisle, 

John  Heald. 

Brighton, 

Nathaniel  Champney, 

West  Cambridge, 

South  Reading. 

YORK. 

York, 

Elihu  Bragdon. 

Rittery, 

Joshua  T.  Chase, 

Mark  Dennett. 

HOUSE  OF  REPRESENTATIVES.        563 


Wells, 

George  W.  Wallingfo! 

Berwick. 

Biddefordy 

Reuben  H   Greene. 

•iruridelf 

Joseph  Perkins, 

Saco. 

Lebanon. 

Sandford. 

Buxton, 

Benjamin  Leavitt. 

Lyman, 

John  Low. 

Shapleigh. 

Parsonsfield. 

Waterborough, 

Limerick, 

William  Freeman, 

Limington. 

JSTewfield. 

Cornish. 

Alfred. 

Elliot. 

HolUs. 

South  Beriviclc. 

HAMPSHIRE. 

J\*orthampton, 

Ebenezer  Hunt,  junior. 

Hadley, 

Samuel  Porter. 

Hatfield. 

Pelham. 

Southampton, 

As  ah  el  Birge. 

South  Badley, 

Peter  Allen.          * 

Greenwich, 

Laban  Marcy. 

Amherst, 

Samuel  F.  Dickenson. 

Belchertown, 

Eliakim  Phelps, 

Ware. 

Chesterfield, 

Granby. 

Worthington. 

Williamsburg. 

7S 


5Q4i        HOUSE  OF  REPRESENTATIVES. 


J\*orwic}i. 

Oummington, 

TVesthamptorif 

Goshen. 

Middlefield, 

Plainjield, 

Easthamptorif 

Enjieldj 


Plymouth, 

Hinghanif 

Scituate, 

Duxbury, ' 

Marshjieldf 

Hull 

Bridgeivater, 

Middleboroughf 

Hochester. 

Plympton. 

PembroTce. 

Mington. 

ICingston. 

Hanover, 

Halifax, 

JVareham, 

Carver, 


Taunton, 

Mehohoth, 

Dartmouth, 

Swanzey, 

Freetown, 

Attlehorough. 


Robert  Dawes. 
Joseph  Kingsby,  junior. 


John  Hannam. 
Benjamin  Harwood. 


PLYMOUTH. 


William  Nelson. 
Jedediah  Lincoln. 


Elisha  Phillips. 

Daniel  Howafd. 
Seth  Miller,  junior. 


Reuben  Curtis. 
Zebadiah  Thomson. 


BRISTOL. 


Job  Godfrey. 
Thomas  Carpenter,  2d. 
Caleb  Anthony. 
Daniel  Hale. 
Hercules  Cushraan, 
Job  Morton. 


HOUSE  OF  REPRESENTATIVES.        465 


jyorton, 

Dighton, 

Eastown, 

Haynhamf 

Berli'ley, 

Mansfield. 

JVew  Bedford, 

Westfort, 

Somerset, 

Troy, 

Fairhaven, 

Seekonk, 

Wellington, 


Barnstable, 

Sandwich. 

Yarmouth, 

JEastham, 

Falmouth, 

Harwich, 

Truro, 

Chatham, 

JProvincetown, 

Wellfleet, 

Dennis. 

Orleans, 

Brewster, 


Edgartown, 

Tishury. 

Chilmark, 


William  Wood. 

John  Gilmore,  junior. 
Adoniram  Crane. 

John  Nye, 
John  A   Parker. 
Sylvester  Brownell. 
Billings  Coggeshall. 
Joseph  E.  Read. 

Oliver  Starkweather. 
Thomas  S.  Baylies. 

BARNSTABLE. 

Naler  Crocker. 


Joshua  P.  Atwood. 
Thomas  Fish. 


Daniel  Comings. 


DUKES'  COUNTY. 


NANTUCKET. 


JS*antucket, 


j66        house  of  representatives. 


WORCESTER. 


Lane  aster  f 

Mendon, 

Worcester, 

Oxford. 

Leicester. 

Butland. 

SuttoUf 

TVesthorough. 

Sroolc field, 

Uxhridge, 

Soiithhorough. 

Shreivsbury. 

Lunenburgh. 

Dudley, 

Harvard, 

Grafton. 

Vinton. 

Hardiciclt', 

Bolton. 

Sturbridge, 

Hold  en, 

Leominster, 

Western. 

-Douglas, 

eVeu.'  Braintree. 

Spencer, 

Petersham, 

Charlton, 

Templeton. 

Sthol. 

Oakham. 

Fitchburg. 

Winchendon. 


BenjamiQ  Wymau^ 
Solomon  Carter. 
Daniel  Thurber. 
Abraham  Lincoln . 


Jonas  Sibley. 

Simeon  Draper. 
Samuel  Read, 


Aaron  Tufts. 
Philemon  Athertou. 


Timothy  Paige. 

Sylvester  Watkius. 

Joel  Crosby. 

Welcome  Whipple. 
Samuel  Mixter. 
James  Draper,  junior. 
Asa  Pond. 
Isaiah  Rider, 
Ephraim  VVilliard. 


HOUSE  OF  REPRESENTATITES. 


&67 


Paxton. 

Boyalston. 

Ashhurnham. 

^orthborough. 

Subhardston, 

Westminster. 

Princeton  f 

J^ortlibridge. 

Barre, 

Ward. 

Milford. 

Sterling. 

Berlin. 

Gardner. 

Boylston, 

Dana. 

West  Boylston, 

J^orth  Brookfield. 

Milbury. 

Phillip  sto7i. 

Souihbridge, 


Scarborough . 

JS'orth  Yarmouth. 

Falmouth. 

Brunsicick. 

Harps  well. 

Windham. 

Gorham, 

Cape  Elizabeth, 

JVeic  Gloucester: 

Gray. 

Standish, 


Daniel  Woodward. 


David  Rice. 


Simeon  Metcalf. 


Samuel  Sawyer, 
James  Wilder. 


Aaron  AYhite. 
Joseph  Hinds. 

Gersham  Plimpton. 


CUMBERLAND. 


Alford  Richardson. 


David  Harding,  junior, 
.lahez  Woodman. 


568        HOUSE  OF  REPRESENTATIVES. 


Portland, 

Isaac  Adams, 

John  Woodman. 

Free/port. 

Durham. 

Bridgetown, 

Poland, 

Josiah  Dunn. 

Otisfield, 

Minot. 

^ 

Pejepscot. 

Baldwin. 

Baymond. 

Pownal. 

Westbrouk, 

John  Jones. 

Harrison. 

LINCOLN. 

Georgetown, 

Benjamin  Riggs. 

J^ew  Castle, 

Kiah  Bailey. 

Woolwich. 

Wiscasset. 

Bowdoinham. 

Topsham. 

Boothhay, 

Jolm  Murray  McFarland. 

Bristol. 

Waldohoroiigh, 

Jacob  Ludwig,  junior. 

JEdgcombe. 

Warren, 

Jesse  Page. 

Thomastown. 

Bath, 

Joseph  F.  Wingate. 

Union. 

Bowdoin. 

J\*obleborough. 

Gushing. 

^ 

Camben. 

Dresden. 

Lewiston. 

f 


HOUSE  OF  REPRESENTATIVES. 


569 


Litchfield, 

Lisbon  y 

Benjamin  H.  Mace, 

St.  George, 

Hope. 

PalermOf 

Thomas  Eastman. 

Montville, 

Jefferson. 

Friendship. 

Whitefield. 

Putnam. 

Mna. 

Phipshurgf 

Parker  McCobb. 

Wales. 

BERKSHIRE. 

Sheffield, 

Jared  Canfield. 

Stockhridge, 

Henry  W.  Dwight, 

J^ew  Marlborough, 

Ebenezer  Hyde. 

Egremont, 

James  Baldwin. 

Pittsfield, 

Phinehas  Allen. 

Great  Barrington, 

Reuben  Bacon. 

Sandisfieldy 

Josiah  Wolcott. 

Southfield, 

Eliakim  Hull. 

Tyringham. 

Lanesboroughf 

Nehemiah  Talcott, 

JVew  J-shford. 

'  Williamstow7i, 

Becket. 

Richmond. 

Lenox^ 

Asher  Sedgwick. 

Windsor. 

Peru. 

Alford. 

Otis. 

West  Stoclcbriige, 

Sanford  Fitch. 

Hancock. 

670        HOUSE  OF  REPRESENTATIVES. 


Washington. 

Lee, 

Gershom  Bassett. 

Adams, 

Isaac  Brown. 

Mount  Washington. 

Dalton. 

Cheshire^ 

Ethar  A,  Rix. 

Savoy. 

Clarksburgh. 

Hinsdale. 

Florida. 

HANCOCK. 

Belfast, 

William  White. 

Penobscot, 

John  Winslow. 

Sedgwick. 

Ilesboroughf 

Deer-Isle, 

Pearl  Spofford, 

Hezekiah  Rowell. 

Blue  Hill, 

Robert  H.  Wood. 

Trenton. 

Sullivan. 

Goldsborough. 

Mount  Desert^ 

John  Somes. 

Vinalhaven. 

Frankfort, 

Joshua  Hall. 

Bucks-port, 

Samuel  Metcalf  Pond 

Prospect. 

Castine, 

Thomas  E.  Hale. 

J\*orthport. 

Eden. 

Orland. 

Ellsworth, 

Charles  Jarvi§. 

Lincolnville. 

Surry. 

Belmont. 

HOUSE  OF  REPRESENTATIVES. 


571 


Searsmont. 

Jirooks. 

:   Buckstown. 

'    Swanville. 

1   ■ 
■ 

WASHINGTON. 

Machias. 

Steuben. 

Columbia. 

Addison. 

Harrington. 

Eastport. 
Jonesborough. 

. 

Calais, 

Jjuhec, 

Horatio  Gates  Balclu 

Mobinstown. 

-Chemjjield. 
Perry. 
Monroe. 

' 

Mexico. 

Denny  sville. 

NORFOLK. 

Dorchester, 
Hoxbury, 

James  Humphreys. 
Sherman  Leland. 

Weymouth, 
Dedham, 

Christopher  Webb. 
William  Ellis. 

Braintree. 

Medfield. 
Milton, 

John  Ruggles,  junior. 

Wrentham, 

Jairus  Ware. 

BrooMine, 

Isaac  S.  Gardner. 

JSTeedham. 

Medway. 

Bellingham, 

WaVpole. 

73 


57^        HOUSE  OP  REPRESENTATIVES. 


Stoughton. 

Sharon, 

Cohassef. 

Franlclin, 

Lewis  FisLer. 

Foxhoroitgh* 

Dover, 

Quincy, 

Thomas  Greenleaf. 

Randolph, 

Zenas  French. 

Canton, 

KENNEBEC. 

Rallowell,            ^ 

William  H.  Page. 

Winthrop, 

Vassalborou^k, 

Samuel  Reddington. 

Winsloie, 

Pittston, 

Greene. 

Heedfield. 

Monmouth. 

Sydney, 

Mount-  Vernon* 

Farmington, 

J\rew  Sharon. 

Clinton, 

Ezekiel  Brown,  junl 

Fayette. 

Belgrade, 

Harlem, 

William  Pullen. 

Augusta, 

Pitt  Dillingham, 

Robert  Howard. 

Wayne, 

JLeeds. 

Chesterville„ 

Vienna, 

Waterville, 

Gardiner, 

Rufus  Gay. 

Temple, 

HOUSE  OF  REPRESENTATIVES. 


57s 


Wilton. 

Mome. 

Fairfax, 

Unity. 

Malta. 

Joseph  Cammeti 

Dearborn* 

Freedom, 

Matthew  Randall. 

Joy. 
China* 

Japheth  C.  Washburn. 

OXFORD. 

Fryeburg, 
Turner. 

Samuel  A.  Bradley. 

Hebron. 

Duckfieldt 
Paris, 

Benjamin  Chandler. 

Jay. 
Livermore, 

Simeon  Waters, 

Dethel. 

Israel  Washburn. 

Waterford. 
J\rorivay. 

Hartford. 

Sumner. 

Bumford, 

Peter  C.  Virgin. 

Lovell. 

, 

Broicnjield. 

Mbany. 
Dixfield. 

Fast  Andover. 

Gilead. 

JSTewry. 
Denmark. 

Porter. 

Hiram, 

WoodstocJc. 

574!        HOUSE  OF  REPRESENTATIVES. 

Greenwood, 

Sweeden, 

Weld. 

SOMERSET. 

Canaan. 

Fairfield. 

JVorridgwoclc. 

Starks. 

Cornville. 

Anson^  David  H.  Raymond. 

Strong. 

Avon, 

JVew  Vineijard. 

Harmony. 

Industry. 

Athens. 

Madison,  John  NeaL 

Emhden. 

Mercer. 

Palmyra. 

Freeman. 

JVew  Portland. 

Solon. 

Bingham. 

Phillips. 

St.  Albans. 

JCingsfield. 

Moscow. 

JSTorth  Hill. 

Corinna, 

liipley, 

Bloomfieldf  James  Bo  wen. 

FRANKLIN. 

Veerfield,  Asa  Stebbins. 

USTorthfield, 


HOUSK  OF  REPRESENTATIVES.        575 


Sunderland  y 

Nathaniel  hmitli. 

Greenfield^ 

Solomon  Smead. 

JSI'ew  Salem, 

Varney  Pearce. 

Montague. 

Colraine, 

Calvin  Smith. 

Shutesbury. 

Bernardston. 

Warwick, 

Ashbel  Ward. 

dshfield. 

Charlemont. 

Conway, 

Joel  Parsons. 

Shelburn. 

Whately. 

Leverett. 

Jiuckland, 

Wendell. 

Orange. 

Mowe. 

Heath, 

Hawley, 

Ebenezer  Hall. 

Gill. 

Ley  den. 

HAMPDEN. 

'.    Springfield, 

Jacob  Bliss. 

V    Wesffield, 

David  King, 

William  Blair. 

I    Brimfield, 

Stephen  Pynchon 

\    Blandford, 

Abner  Gibbs. 

1    F  aimer. 

James  Stebbins. 

Granville, 

James  Cooley, 

j 

Reuben  Hills. 

f    Monson, 

Deodatus  Dutton. 

South  Brimfield. 

Wilbraham. 

Chester, 

Daniel  Collins. 

Southwiek, 

Gideon  Stiles. 

576        HOUSE  OF  REPRESENTATIVES. 


West- Springfield f 

Ludlow. 

J^lontgompry, 

LuvgmeadoWy 

Jiussell. 

Tolland. 

Holland, 

Hompden. 

Orrington, 

JiangoVf 

i/rono. 

Dixmont, 

Hiewer. 

Uddington, 

Carmel. 

Corinth, 

JExpter. 

Garland. 

JS'ew  Charlestown, 

Foxcrqft, 

Sebec. 

Uermon, 

Levant. 

JS'ewport. 

Sangerville. 

Dexter. 

Guilford, 


Jonathan  Smith. 


Joseph  W.  Cooley. 


PENOBSCOT. 


Joseph  Treat. 


Benjamin  Pollard,  Esq.   Clerk. 
Henry  Codman,  Esq.  Jlssistant  Clerk. 
Rev.  Thomas  Baldwin,  D.  D.  Chaplain. 


Jacob  Kuhn,  Messenger  to  the  General  Court. 
John  Vaughan  Low,  .Assistant  Messenger. 
Joseph  Francis,  Page  to  the  House, 


IIESOLTES 

OF    THE 

GENERAL  COURT  OF  MASSACHUSETTS, 

PASSED  AT  THEIR  SESSION, 
» 

WHICH  COlNfMENCED  ON  THE  srih  DAY  OF  MAY,  AND 
ENDED  ON  THE  13th  OF  JUNE,  1S18. 


GOVERNOR'S  SPEECH. 


REPRESENTATIVES'  CHAMBER,  JUNE  2tl,  1818. 

Tfce  two  Houses  being  in  Convention^  his  Excellency  ap- 
peared,  accompanied  by  his  Councils  and  the  Public 
Officers  of  State f  and  delivered  the  following 

SPEECH: 

Gentlemen  of  the  Senate^  and 

Gentlemen  of  the  House  of  Representatives, 

A  REVIEW  of  the  past,  and  an  examination  of  the  ex- 
isting circumstances  of  the  Commonwealth,  can  never  be 
more  pertinent  or  useful  than  on  occasions  like  the  present. 
The  practical  effects  of  laws  upon  society,  furnish  the  le- 
gislator with  the  most  instructive  political  lessons,  and  the 
safest  guides  for  his  future  conduct.  Laws,  which  time, 
that  so  unerringly  developes  the  merit  and  demerit  of  every 
thing  hum:in,  has  proved  to  be  adapted  to  the  genius  and 
circumstances  of  the  people,  command  respect,  and  chal- 
lenge perpetuation.  And  such  appears  to  be  the  happy 
adaptation  of  the  civil  statutes  of  the  Commonwealth,  to  our 


578  GOVERNOR'S  SPEECH. 

actual  condition,  as  to  afford  little  room  for  legislative  cor- 
rection. The  field  of  legislation  being  thus  narrowed,  the 
duties  of  the  Legislature  will  be  less  onerous  ;  and  you  may 
pursue,  with  less  divided  attention,  the  melioration  of  the 
criminal  code,  and  the  promotion  of  objects  of  general 
utility. 

Humanity  has  long  bewailed  the  miseries  which  crimes 
have  brought  upon  society ;  and  the  efforts  of  many  indi- 
Tiduals  and  of  governments  have  been  continually  making 
to  prevent  their  perpetration.  Some  very  ingenious  and 
learned  men,  particularly  of  the  last  and  present  centuries, 
indulging  in  abstracted  views  of  the  human  character,  and  of 
human  rights,  have  proscribed  all  capital  and  coporal  pun- 
ishments, not  only  as  cruel  and  sanguinary,  as  unjustifiable 
and  useless,  but  as  tending  to  produce  the  crimes  they  were 
designed  to  prevent ;  and  the  origin  of  punishment  has  been 
referred  to  an  ardent  spirit  of  domination,  or  to  the  malig- 
nant  passions  of  men  in  power. 

Benevolence  and  humanity  would  delight  in  the  idea  that 
crimes  and  punishments  w^ere  speedily  to  terminate.  Hopes 
have  even  been  cherished  by  many  philanthropists  in  our  own 
country,  that  under  a  mild  and  mitigated  system  of  penal 
and  criminal  law,  the  utility  of  public  punishments  Vi^ould 
diminish,  or  cease.  But  deductions  from  the  hypothetical 
rights  of  individuals,  and  the  perfectability  of  man,  are  too 
subtle  and  indistinct  to  be  assumed  as  practical  maxims  of 
jurisprudence.  If  the  right  of  a  government  to  inflict  a  high 
degree  of  punishment  be  denied,  it  will  be  difficult  to  define 
a  point,  at  which  the  right  to  punish  in  any  degree  shall 
commence. 

Meeting  the  question  upon  the  broad  ground  of  justice 
and  public  utility,  the  government  of  Massachusetts,  main- 
taining the  right  to  punish,  has  abolished  many  of  the  an- 
cient laws  which  ordained  the  infliction  of  death  as  a  pun- 
ishment. An  appeal  to  our  present  statutes  will  show  that 
great  improvements  in  favor  of  human  weakness  have  been 
effected.  We  can  only,  however,  permit  ourselves  to  boast 
of  an  approximation  to  a  due  adjustment  of  punishmehts  to 
the  various  grades  of  offences.  Crimes  are  daily  perpe- 
trated, and  much  remains  to  be  done.  Even  in  the  present 
improved  state  of  our  own  country,  when  the  spirit  of  lib- 
erty, of  philosophy,  and  of  the  christian  religion,  have  unit- 
ed to  suppress   vice  and  crimes,  to    mitigate  the  rigor  of 


GOVERNOR'S  SPEECH.  S79 

punishments  and  to  endow  them  with  a  reforming  power, 
we  painfully  witness  the  protracted  prevalence  of  vice  and 
depravity  :  And  it  continues  to  be  the  indispensable,  though 
irksome  duty  of  a  Christian  Legislature,  to  ordain  punish- 
ment  for  crimes,  and  by  good  and  wholesome  laws,  protect 
the  persons  and  property  of  the  orderly  and  virtuous  against 
the  depredations  and  outrage  of  the  unprincipled  and  au- 
dacious. 

'I'he  utility  of  a  concentrated  system  of  penal  and  crimi- 
nal law,  in  which  punishment  shall  be  graduated  by  the 
nature  and  aggravation  of  crimes,  and  adapted  to  the  actual 
state  of  society  and  public  sentiment,  was  duly  appreciated 
by  your  immediate  predecessors  ;  and  I  have  great  satisfac- 
tion in  adding,  that  a  revision  of  the  criminal  code  of  this 
Commonwealth  was,  to  the  fullest  extent,  referred  to  a  com- 
mittee of  three  of  our  most  learned  and  distinguished  Jurists, 
designated  by  the  Legislature  in  the  month  of  February 
last  ;  from  whose  talents  and  labors  we  may  anticipate  the 
most  salutary  results. 

In  adverting  to  objects  of  general  utility,  I  limit  my  own 
views  to  inviting  your  attention  to  considerations  of  that 
character.  The  present  period  being  a  time  of  peace,  the 
citizens  not  only  of  this  state,  but  of  the  other  states  in  this 
confederacy,  are  assiduously  availing  themselves  of  the  mo- 
ment to  cultivate  and  improve  the  arts  of  life,  and  to  aug- 
ment the  means  of  personal  and  social  enjoyment.  And  it 
is  worthy  of  particular  remark,  that  in  some,  if  not  in  most 
of  the  states,  large  appropriations  of  money  have  been 
made  by  their  liegislatures  to  animate  individual  labor,  and 
to  give  effect  to  combined  enterprize.  By  a  reference  to  the 
statutes  of  Virginia  it  will  be  seen,  that,  soon  after  the  ter- 
mination of  the  late  war,  a  "  Board  of  Public  Works"  was 
instituted,  vested  with  full  power  to  pledge  that  state  in  a 
limited  ratio,  as  a  party  to  any  enterprize  founded  on  public 
utility,  that  should  be  approved  by  the  board.  By  referring 
to  the  statutes  of  the  state  of  New  York,  of  a  more  recent 
date,  it  will  be  found  that  the  Legislature  has  assumed  in 
behalf  of  that  state,  the  construction  of  a  canal  from  Lake 
Erie  to  the  confluence  of  the  Mohawk  River  with  the  Hud- 
son, and  of  another  canal  to  communicate  with  Lake  Cham- 
plain  and  the  last  mentioned  river. 

In  concerns  of  high  import,  Massachusetts  has  not  been 
accustomed  to  want  decision  or  zeal.     Her  fiscal  resources, 
74j 


580  GOVERNOR'S  SPEECH. 

liberated  by  the  late  repeal  of  the  internal  revenue  laws  of 
the  United  States,  are  various  and  might  be  rendered  pro- 
duetive.  In  the  present  state  of  peace  and  general  pros- 
perity, rich  as  she  is  in  her  agriculture,  in  her  various 
fisheries  and  manufactures,  but  especially  in  her  commerce, 
and  the  redundant  capital  of  her  citizens,  she  ought  to  feel 
herself,  without  the  pressure  of  additional  taxes  on  the  great 
body  of  the  people,  amply  competent  to  every  object  of  gen- 
eral improvement  and  advantage  that  can  offer  itself  to 
her  patronage. 

The  project  of  cutting  a  canal  through  the  peninsula  of 
Cape  Cod,  has  repeatedly  engaged  the  attention  of  the 
Legislature.  The  magnitude  of  that  object  in  relation  not 
only  to  the  coasting  trade  and  commerce  of  this  state,  but  of 
the  United  States,  and  the  facility  of  communication  it 
would  afford,  in  the  event  of  a  war,  between  Massachu- 
setts Bay  and  the  waters  leading  to  ports  on  the  Delaware 
and  in  the  Chesapeake,  as  well  as  to  the  contiguous  states 
of  Rhode  Island,  Connecticut  and  New  York,  unite  in  re- 
commending the  merits  of  the  undertaking  to  thorough  exami- 
nation ;  wiience  motives  may  be  eventually  derived  for  the 
government  of  this  state,  and  that  of  the  United  States,  efli- 
caciously  to  further  its  accomplishment. 

To  encourage  industry,  the  great  source  of  competence, 
and  the  friend  of  health  and  good  morals,  always  merits  the 
care  of  the  Legislature.  Improvement  in  the  al*ts  is  pro- 
gressive ;  and  besides,  that  prepossessions  in  favor  of  es- 
tablished customs  and  practices  oppose  themselves  to  re- 
form, most  men  are  obliged  to  labor  for  subsistence,  and 
pursue  those  plans  of  execution  to  which  they  have  been  ha- 
bituated. In  agriculture  few  individuals  possess  the  means 
of  instituting  those  extensive  and  elaborate  experiments  by 
which  the  powers  of  soil  and  climate  are  developed. 
Nothing  perhaps  can  more  decidedly  evince  the  intelligent 
and  'guardian  care  of  the  Legislature  over  this  interesting 
branch  of  political  economy,  than  the  establishment  of  the 
Massachusetts  Agricultural  Society,  and  other  institutions 
for  the  advancement  of  similar  objects,  together  with  the 
liberal  grants  of  money  from  the  treasury,  which  have  been 
made  in  aid  of  individual  contribtuions.  Through  the 
agency  of  these  institutions,  and  the  persevering  and  gener- 
ous efforts  of  the  gentlemen  by  whom  they  are  administered, 
a  lively  impulse  has  been  imparted  to  agriculture,  and,  every 


GOVERNOR'S  SPEECH.  581 

porlion  of  the  state  is  flourishing  under  their  genial  influence. 

Among  the  numerous  objects  which  at  all  times  are  inter- 
esting to  the  people  and  government  of  the  Commonwealth, 
the  department  of  the  treasury  is  one  of  the  most  prominent. 
Although,  by  the  adoption  of  the  Constitution  of  the  govern- 
ment of  the  United  States,  tjie  several  states  have  leiinquish- 
ed  the  most  productive  sources  of  revenue,  yet  from  those 
branches  over  which  the  states  retain  a  concurrent  jurisdic- 
tion, a  competent  supply,  not  only  for  thQ  support  of  gov- 
ernment and  the  payment  of  the  state  debt,  may  be  derived, 
but  for  extraordinary  contingencies,  and  the  occasional  en- 
couragement of  any  important  branch  of  political  economy, 
that  may  solicit  the  fostering  care  of  the  state. 

At  this  time  it  merits  particular  notice,  that  for  more  than 
twenty  years  a  considerable  proportion  of  the  money  receiv- 
ed into  the  treasury  has  been  derived  from  the  payment  of 
the  interest,  and  part  of  the  principal,  of  the  United  States 
stock  belonging  to  the  Commonwealth.  Thus  an  amount 
of  the  six  per  cent  stock  of  the  United  States,  amounting  in 
the  year  seventeen  hundred  and  ninety-six,  to  eight  hun- 
dred and  thirty-two  thousand,  five  hundred  and  thirty-four 
dollars,  is  reduced  to  twenty. four  thousand,  three  hundred 
and  sixty-two  dollars  and  eighty-seven  cents;  which  stock 
will  be  extinguished  on  the  first  day  of  October  of  the 
present  year.  The  deferred  stock,  which  in  the  year  one 
thousand  eight  hundred  and  two,  amounted  to  four  hundred 
and  sixteen  thousand,  two  hundred  and  sixty-seven  dollars,  is 
now  reduced  to  one  hundred  and  seventy-four  thousand,  nine 
liundred  and  sixty-six  dollars  and  forty-five  cents.  But  by 
the  arrangements  of  the  United  States'  treasury,  under  the 
provisions  of  sundry  acts  of  Congress,  inst.alraenls  of  this 
stock  are  to  be  annually  paid,  together  with  the  interest, 
until  the  first  of  October  one  thousand  eight  hundred  and 
twenty-four,  when  this  stock  will  likewise  be  extinguished. 

From  an  estimate  that  has  been  communicated  to  me  by 
the  Treasurer  of  the  Commonwealth,  it  appears,  that  extra- 
ordinary  occurrences  excepted,  the  balances  of  outstanding 
taxes  in  the  hands  of  Collectors  and  Sheriffs  ;  the  avails  of 
the  tax  on  banks ;  the  sums  arising  from  the  payment  of  the 
interest  and  several  instalments  of  the  principal  of  Utiited 
States  stock  ;  together  with  a  small  amount  of  interest  to  be^ 
received  from  sundry  individuals  who  are  debtors  to  the 
state,  will  enable  the  Treasurer  to  meet  all  the  demands 


583  GJOVEHNOR'S  SPEECH. 

which  will  be  made  upon  his  department  in  the  course  of 
the  current  year.  But  inasmuch  as  the  whole  of  the  old 
six  per  cent,  stock  will  be  extinguished  in  October,  and  as 
it  is  probable  that  at  least  equal  demands  will  be  made 
upon  the  treasury  in  succeeding  years,  a  deficiency  of  rev- 
enue after  the  expiration  of  the  present  year,  may  occur. 
And  it  is  submitted  to  your  wisdom,  gentlemen,  whether 
some  mode  of  supplying  the  demands  and  placing  the  finan- 
ces of  the  state  upon  a  stable  and  productive  foundation 
should  not,  in  the  mean  time  be  devised  ?  An  arrangement 
of  this  nature  will  rise  in  importance,  should  a  reduction 
and  extinction  of  the  debt  of  the  state  be  contemplated. 

In  selecting  sources  of  revenue,  all  those  considerations 
which  appertain  to  so  delicate  a  subject  will  undoubtedly 
have  their  merited  weight  in  your  deliberations.  The  farm- 
ing interest  has  ever  been  disposed  to  contribute  its  share  of 
the  fiscal  demands  of  the  state ;  and  on  great  emergencies, 
when  dangers  have  pressed  on  the  Commonwealth,  its  ef- 
forts have  been  limited  only  by  the  occasion.  The  conse- 
quences, however,  of  drawing  revenue  too  copiously  from 
this  source,  though  first  felt  by  the  agriculturalist  himself, 
operate  remotely  upon  every  class  of  society.  Little  ob- 
jection can  be  urged  against  the  moderate  tax  now  laid  on 
polls.  But  taxes  on  labor  must  increase  its  price,  or  be 
drawn  from  that  portion  of  the  product  of  it,  which,  to  main- 
tain the  laborer  in  full  vigor,  ought  to  be  appropriated  to 
his  subsistence.  Taxes  on  polls  and  real  estates,  suscept- 
ible of  being  only  annually  laid,  and  being  slow  and  ex- 
pensive in  collection,  must  be  circumscribed  in  amount. 
But  revenue  derived  from  trade  and  commerce,  from  duties 
on  luxuries,  and  on  articles  which  are  consumed  or  used 
only,  or  chiefly  by  the  wealthy,  while  they  admit  of  indefi- 
nite  extension,  are  collected  with  promptness,  with  facility 
and  little  expense. 

The  Secretary  will  lay  before  you,  gentlemen,  for  your 
information,  the  report  of  a  special  committee  of  the  House 
of  Representatives  in  Congress,  on  the  subject  of  the  claims 
of  this  Commonwealth  against  the  government  of  the  United 
States,  together  with  sundry  accompanying  documents  ;  the 
consideration  of  which  report  was  postponed  until  the  next 
session.  Although  the  merits  of  the  claim  have  never  been 
discussed  in  the  National  Legislature,  yet,  considering  the 
nature  and  magnitude  of  the  object  for  which  the  expendi  • 


GOVERNOR'S  SPEECH.  583 

tures  were  incurred  ;  the  danger  of  menaced  invasion  at  tlic 
period  when  a  large  proportion  of  the  disbursements  was 
required,  upon  a  maritime  frontier  of  more  than  five  hundred 
miles  in  extent;  the  remarkable  unanimity  of  sentiment 
which  then  prevailed  among  all  classes  of  our  citizens,  and 
the  cordiality  with  which  they  united  their  labors  and  zeal 
in  raising  works  of  defence  against  the  common  enemy  ;  and 
more  especially  the  liberal  and  unhesitating  manner  in  which 
the  resources  of  the  state  were  employed,  as  well  for  the 
defence  of  the  posts,  navy,  and  other  property  of  the  United 
States,  as  for  the  immediate  defence  of  its  own  territory  and 
population,  we  may  confidently  presume,  that  the  general 
merits  of  the  claim,  will  be  duly  appreciated  ;  and  that  the 
enlightened  statesmen  to  whom  are  now  confided  the  desti- 
nies of  our  nation,  will  authorize  a  reimbursement.  In  this 
expectation,  we  feel  the  greater  confidence,  from  witnessing 
the  adoption  of  those  liberal  and  comprehensive  views  of 
general  policy,  which  have  elevated  the  United  States  to 
their  present  exalted  grade  in  the  scale  of  nations. 

It  is  not  deemed  necessary,  on  this  occasion,  to  advert 
to  considerations,  which  have  only  an  indirect  bearing  on 
the  subject  in  question.  Whatever  agency  Massachusetts 
may  have  had  in  establishing  the  national  government;  or 
however  great  her  sacrifices  or  valuable  her  contributions  in 
supporting  its  existence  and  efficiency,  in  the  spirit  of  amity 
and  accommodation  which  produced  the  compact,  we  con- 
cede that  she  enjoys  an  equivalent ;  and  in  estimating  and 
remunerating  her  contributions  and  various  eiforts  for  the 
public  defence,  she  asks  only  the  same  measure  of  justice  atid 
equity,  that  has  been  observed,  for  analogous  expenditures, 
towards  her  sister  states. 

That  the  Constitution  of  the  United  States  has  been  pro- 
ductive of  the  most  beneficial  effects  ;  that  the  blessings  re- 
sulting from  it  have  transcended  the  utmost  h(>pes  of  the  sages 
who  formed,  and  the  states  which  adopted  it,  are  subjects  of 
high  gratulation  and  joy,  and  of  devout  gratitude  to  that 
Being  who  rules  among  the  natituis.  But  to  ensure  a  con- 
tinuance of  its  beneficial  effects,  the  principles  upon  which 
it  was  founded,  must  be  maintained  in  their  purity,  'l^he 
primary  apprehensions  of  many  of  its  friends,  which  arose 
from  an  imagined  imbecility  in  its  structure,  have  subsided  ; 
and  the  severe  trials  it  has  sustained,  sufficiently  demonstrate 
its   tone  and  vigor.     The  proofs  of  its  strength  however, 


08^  GOVERNOR'S  SPEECH. 

have  been  intermingletl  witli  admonitions  of  its  tendency  to 
accumulate  power  by  refinement  and  construction  ;  and 
should  the  time  arrive  when  the  sovereignty  of  the  states 
shall  be  merged  in  the  general  government,  the  catastrophe 
must  probably  be  effected  by  the  extension  of  constructive 
prerogatives.  Whatever  difficulties  may  occur  in  drawing 
a  line  between  those  rights  wiiich  have  been  surrendered, 
and  those  which  are  retained  by  the  stiites,  it  is  to  be  re- 
membered, that  on  every  question  of  doubtful  import,  touch- 
ing the  distribution  of  power,  a  favorable  construction  is  due 
to  the  individual  states,  under  a  provision,  sacred  as  it  is 
decisive,  that  all  powers  not  expressly  given  are  withheld. 

In  support  of  this  doctrine,  which  I  deem  essential  to  the 
preservation  of  the  true  nature  of  our  institutions  of  govern- 
nient,  it  is  highly  satisfactory  to  me  to  be  able  to  cite  the 
opinions  of  tlie  President  of  the  United  States,  and  of  liis 
immediate  predecessor.  Tiie  opinion  of  the  latter  was  ex- 
pressed in  giving  his  negative,  among  the  last  acts  of  his 
administration,  to  a  bill  that  had  passed  botli  Houses  of  Con- 
gress, on  the  subject  of  making  appropriations  for  roads  and 
canals.  Among  the  reasons  he  assigns  for  exercising  the 
right  of  negative,  he  observes,  *'  that  such  a  power  is  not  ex- 
pressly given  by  the  Constitution,  and  that  it  cannot  be  de- 
duced  from  any  part  of  it  without  an  inadmissible  latitude 
of  construction  ;  and  believing  also  that  tiie  permanent  suc- 
cess of  tiie  Constitution  depends  on  a  definite  partition  of 
powers."  And  the  President  in  liis  message,  at  the  opening 
of  the  late  session  of  the  National  Legislature,  expressed 
a  concurrent  opinion  on  the  same  constitutional  question, 
upon  the  ground  ''  that  Congress  do  not  possess  tlie  right, 
assumed  in  the  bill ;  that  it  is  not  contained  in  any  of  the  spe- 
cified powers  s;ranted  to  Congress ;  nor,"  the  President  adds, 
*'  can  1  consider  it  incident  to,  or  as  a  necessary  mean,  for 
carrying  into  effect  any  of  the  powers  specifically  granted." 
Further  to  illustrate  this  important  subject,  and  at  the  same 
time  to  point  out  the  legitimate  mode  of  acquiring  power,  in 
instances  where  the  distribution  of  it  may  be  equivocal,  the 
message  adds,  that  ^'  in  cases  of  doubtful  construction, 
it  comports  with  the  nature  and  origin  of  our  institutions, 
and  will  contribute  mucii  to  preserve  them,  to  apply  to  our 
constituents  for  an  explicit  grant  of  power." 

Under  this  aspect,  it  must  yield  us  the  highest  satisfaction 
to  reflect,  that  constitutional  principles  bear  with  paramount 


GOVERNOR\S  SPEECH.  585 

■weight  on  euv  national  councils ;  and  forbearing  on  my 
part  to  interpose  an  opinion  on  the  subject  of  allusion,  we 
may  feel  confident  that  while  the  great  and  vital  provisions 
of  our  Constitution  are  thus  tenderly  and  watchfully  guard- 
ed, the  rights  of  the  states  and  the  liberties  of  the  people 
will  remain  unimpaired. 

Gentlemen,  we  may  recognize  the  general  course,  but  can 
never  enumerate  the  instances  of  divine  goodness  to  our 
fathers,  nor  to  ourselves.  Future  events  are  inscrutable. 
But  we  see  and  feel  that  the  condition  of  our  country  is 
flourishing  and  happy  ;  and  it  demands  our  gratitude.  The 
fathers  of  the  revolution  indeed  promised  us  much  ;  but 
more  is  realized.  They  promised  us  liberty  ;  and  on  what 
portion  of  the  earth  were  the  blessings  of  it  ever  enjoyed  to 
an  equal  extent?  They  taught  us  the  value,  and  inspired  the 
hope  of  religions  freedom  ;  and  what  impediment  here  exists 
to  limit  the  human  mind  in  the  pursuit  of  truth  ?  What 
authority  to  bind  and  enslave  the  conscience  ?  Nor  is  this 
all.  From  institutions  founded  on  the  basis  of  justice  and 
equal  rights,  a  peculiar  spring  and  force  has  been  imparted 
to  the  American  character  ;  and  our  nation,  though  but  of 
yesterday,  is  rivalling  in  science,  in  arms  and  the  useful 
arts,  the  attainments  of  the  most  antient  and  improved  na- 
tions of  Europe.  While,  then,  we  admire  and  venerate  the 
wisdom  of  our  fathers,  let  us  unite  in  sentiments  of  gratitude 
to  a  benevolent  Providence  for  all  our  exalted  privileges  and 
social  blessings. 

The  Secretary  will  lay  before  you,  a  letter  I  have  recent- 
ly received  from  the  Honorable  Eli  P.  Ashmun,  resigning 
his  seat  in  the  Senate  of  the  United  States. 

Some  further  communications  will  be  made  to  you  here- 
after by  message ;  and  I  shall  derive  great  satisfaction  in 
uniting  my  own  endeavors  with  yours,  to  promote  the 
public  weal. 

JOHN  BROOKS. 


ANSWER  OF  THE  SENATE. 


May  it  please  your  Excellency, 

THE  Senate  respectfully  present  to  your  Excellency 
their  sincere  congratulations  on  your  re-election  to  the  Chief 
Magistracy  of  the  Commonwealth.  It  is  a  renewed  pledge 
of  the  confidence  of  the  people  in  that  ability,  integrity  and 
patriotism,  which  have  been  so  conspicuous  in  the  public 
services  and  private  life  of  your  Excellency. 

The  Constitution  has  made  it  the  duty  of  the  Legislature 
frequently  to  assemble  for  attention  to  public  concerns,  for 
the  redress  of  such  grievances  as  may  exist,  and  for  the 
making  of  such  laws  and  regulations  as  the  exigences  of 
the  state  may  require.  No  occasion  can  be  more  suitable 
for  a  ^'  review  of  the  past  and  the  examination  of  the  existing 
circumstances  of  the  Commonwealth,"  than  the  annual  as- 
sembly of  this  Legislature,  called  together  by  the  free 
suffrages  of  the  people.  The  Senate  have  received  with 
great  pleasure,  the  interesting  view  presented  by  your  Ex- 
cellency of  the  important  subjects  entitled  to  their  attention. 
They  rejoice  to  believe  that  time  has  proved  the  excellency 
of  our  Constitution, .and  our  most  important  establishments 
and  laws,  and  their  conformity  to  the  condition  and  circum- 
stances of  the  state.  It  is  the  sacred  duty  of  the  Legisla- 
ture to  repeal  any  existing  laws  that  are  oppressive,  and  to 
make  such  additional  regulations,  as  the  general  interests 
of  the  state  may  require.  But,  is  there  not  some  danger, 
that  in  a  government  like  ours,  where  acls  are  passed  with 
so  much  facility,  the  statute  laws  may  become  too  numerous 
and  be  too  frequently  changed  ?  Frequent  alterations  of 
laws  are  attended  with  great  inconveniences,  and  should 
be  avoided,  unless  experience  has  fully  proved  the  evils  of 
those  in  existence.  The  Senate  are  therefore  highly  grati- 
fied, that  it  has  not  by  your  Excellency  been  thought  ne- 
cessary to  recommend  any  such  change,  excepting  what 
may  relate  to  '^  the  improvement  of  the  criminal  code.'' 


ANSWER  OF  THE  SENATE.  587 

A  ^'  Christian  Legislature"  cannot  but  feel  tlie  obligation, 
and  will  not  shrink  from  the  duty,  however  irksome,  of  or- 
daining such  punishments  for  crimes,  as  shall  be  adequate 
to  the  protection  of  property,  and  the  security  of  the  rights 
of  persons  against  the  fraud  and  violence  of  the  lawless. 
The  beautiful  and  brilliant  theory  of  reclaiming  the  unprin- 
cipled and  abandoned  by  the  mild  and  gentle  means  of 
persuasion  and  reproof,  so  long  cherished  and  inculcated 
by  the  benevolent  and  humane,  we  are  reluctantly  compelled 
to  abandon  as  vain  and  illusory.  The  lessons  of  experi- 
ence, rather  than  the  suggestions  of  speculation,  are  the 
true  sources  of  wisdom,  and  the  surest  foundations  of  policy. 
The  right  and  the  necessity  of  inflicting  punishments  arise 
from  the  obligation  of  government  to  afford  defence  and 
protection.  Vengeance  on  criminals  is  not  the  design  of 
penalties ;  but  those  penalties  are  surely  too  light,  that  are 
not  sufficient  to  deter  and  restrain  the  atrocity  of  offenders. 

In  this  period  of  peace  and  prosperity,  the  people  in 
various  parts  of  our  country  are  making  great  efforts  in 
accomplishing  objects  of  internal  improvement.  This  spirit 
receives  the  aid  and  encouragement  of  the  governments  of 
some  of  the  large  states,  who  are  exercising  a  liberal  policy 
for  the  increase  of  their  wealth,  population  and  resources. 
In  this  career  of  improvement,  Massachusetts  has  never 
been  behind  any  of  her  sister  states.  The  citizens  of  this 
state  have  always  been  distinguished  by  enterprize. 

Associations  for  the  purpose  of  improving  the  arts  and 
accommodations  of  life  have  ever  found  the  Legislature 
ready  to  encourage  them,  by  granting  such  powers  and  pri- 
vileges as  they  might  reasonably  require.  Many  humane 
and  literary  institutions  have  received  the  favors  of  govern- 
ment ;  and  the  flourishing  state  of  our  Colleges  and  our 
ancient  and  venerable  University,  which  by  the  Constitution 
this  Legislature  is  bound  to  cherish,  are  noble  monuments 
of  legislative  patronage,  as  well  as  individual  liberality. 

The  Senate  will  be  ever  ready  to  unite  with  your  Ex- 
cellency in  bestowing  on  the  proposed  canal  and  every 
enterprize  for  public  utility,  that  attention  which  its  impor- 
tance may  demand  ;  and  to  aid  in  accomplishing  them,  as 
far  as  may  be  the  duty  of  the  government,  will  be  among 
their  most  pleasing  employments. 

Among  the  objects  entitled  to  the  attention  and  patronage 
of  the  Grovernment,  the  Senate  have  received  with  great 
75 


588  ANSWER  OF  THE  SENATE. 

satisfaction,  your  Excellency's  recommendation  of  the  in- 
terests of  asjrieulture.  "  Under  the  guardian  care  of  the 
Legislature,"  the  Berkshire  and  Massachusetts  Agricultural 
Societies  have  been  incorporated,  and  ^'  liberal  grants  of 
money  have  been  made  in  aid  of  individual  contributions." 
Similar  institutions  are  now  rising  up  in  various  parts  of 
our  Commonwealth,  encouraged  by  our  most  distinguished 
and  public  spirited  citizens  ;  and  their  beneficial  effects  have 
already  been  extensively  felt. 

The  lands  in  this  Commonwealth  may  generally  be  ren- 
dered fruitful,  and  become  a  source  of  increasing  wealth 
and  plenty.  What  though  the  soil  may  not  ^'  yield  her 
increase,"  so  readily  as  in  the  milder  climes  of  the  south ; 
an  equivalent  is  found  in  the  health,  industry  and  frugality 
that  attend  the  labors  of  our  husbandmen.  The  cultivation 
of  the  soil  was  honored  by  our  ancestors,  and  we  trust  will 
ever  be  cherished  by  their  descendants. 

The  communication  of  your  Excellency  upon  the  state  of 
the  treasury,  at  this  time  peculiarly  interesting,  shall  re- 
ceive the  deliberate  attention  of  the  Senate.  They  learn 
with  pleasure  that  the  receipts  at  the  treasury  will  enable 
the  state  to  meet  all  the  demands  for  the  current  year. 
The  preservation  of  public  credit  is  one  of  the  first  objects 
in  the  policy  of  every  wise  government;  and  it  has  become 
the  duty  of  the  Legislature  "  to  devise  and  adopt  some  per- 
manent and  productive  plan  of  finance." 

By  the  adoption  of  the  Constitution  of  the  United  States 
we  have  granted  to  the  General  Government  the  most  pro- 
ductive source  of  revenue,  that  which  arises  from  commerce, 
but  the  sources  which  still  remain,  are  adequate  to  all  the 
wants  of  the  state.  One  ground  of  opposition  to  the  Con. 
stitution  was,  a  fear  lest  the  authority  it  granted  to  Congress 
'^  to  lay  and  collect  taxes,"  might,  by  misapplication,  be  con- 
sidered an  exclusive  power  in  the  general  government.  But 
the  construction  given  by  the  framers  of  that  instrument 
was,  that  this  right  was  concurrent  in  the  general  govern- 
ment and  the  individual  states  ;  and  that  ^'  it  was  not  pro- 
bable this  power  would  be  resorted  to  by  the  General 
Government,  except  for  supplemental  purposes  of  revenue." 
Aecordmgly  the  states  have  continued  to  exercise  it,  and 
have  derived  a  great  revenue  from  this  source. 

During  the  late  war,  a  direct  tax  exceeding  six  hundred 
thousand  dollars ;  more  than  four  times  the  amount  of  our 


ANSWER  OF  THE  SENATE.  589 

annual  state  tax,  was  assessed  «pon  this  Commonwealth  in 
one  year  ;  taxes  were  also  laid  on  licenses  to  distillers,  on 
sales  by  auction,  on  licenses  to  retailers,  on  notes,  on  car- 
riages, on  household  furniture,  and  various  other  articles. 
Now,  the  internal  revenue  laws  are  all  repealed,  and  the 
resources  of  (his  Commonwealth  "  are  various,  and  might 
be  easily  productive."  And  we  can  no  more  doubt  the  rea- 
diness, than  the  ability  of  her  citizens  to  meet  all  the  just 
demands  of  a  government,  with  which  they  are  so  closely 
connected.  To  the  superintending  care  of  the  State  Gov- 
ernments, are  the  people  more  immediately  indebted  for  the 
security  of  their  dearest  rights,  their  domestic  and  personal 
interests. 

The  subject  of  the  claims  of  Massachusetts  for  expenses 
incurred  during  the  late  war,  is  intimately  connected  with 
the  concerns  of  the  treasury.  Considering  their  great  im- 
portance, as  well  as  their  justice,  we  cannot  but  regret  tliat 
they  have  not  yet  been  adjusted  and  allowed  by  the  General 
Government,  and  that  a  discussion  of  them  by  the  National 
Legislature,  if  necessary,  has  been  so  long  delayed.  No 
one  can  more  justly  appreciate  their  merits  than  your  Ex- 
cellency, who  took  so  important  a  part  in  the  measures  of 
defence  in  which  they  originated.  It  was  at  a  period  of 
general  alarm,  and  when  we  were  exposed  to  attack  upon 
every  part  of  our  extended  frontier.  These  disbursements 
were  called  for  by  the  public,  while  a  remarkable  unanimity 
of  sentiment  prevailed  upon  their  necessity.  But  what 
should  ensure  at  least  the  patient  investigation  of  these 
claims,  (as  your  Excellency  has  justly  remarked,)  is  the 
liberal  and  unhesitating  manner  in  which  the  resources  of 
Massachusetts  were  employed,  as  well  for  the  defence  of 
the  ports,  navy  and  other  property  of  the  United  States,  as 
for  the  immediate  protection  of  its  own  territory. 

The  Senate  will  cheerfully  unite  with  the  other  branches 
of  the  Government  in  any  further  measures  that  may  be 
necessary  to  effect  their  settlement. 

We  unite  with  your  Excellency  in  mutual  congratulations 
and  devout  gratitude  for  all  the  blessings  which  have  flowed 
to  us  from  the  Constitution  of  the  United  States ;  blessings 
beyond  the  anticipations  of  its  most  sanguine  friends.  But 
to  ensure  a  continuance  of  these  beneficial  effects,  *^  we 
must  often  recur  to  the  principles  upon  which  the  Constitu- 
tion  was  founded^  and  to  the  great  causes  of  the  union.'^ 


590  ANSWER  OF  THK  SENATE. 

No  apprehension  can  now  be  had  of  the  weakness  of  a 
Constitution  which  has  borne  us  in  safety  through  so  many 
trials  and  dangers  at  so  eventful  a  period.  The  fears  of  its 
friends  must  arise  from  another  source,  ^^  the  tendency  of 
the  government  to  accumulate  power  by  refinement  and 
construction."  Should  the  sovereignty  of  the  states  ever 
be  lost,  it  will  sink  gradually  before  assumption  of  power. 
An  exposition  of  the  general  phrases  of  the  Constitution 
favorable  to  the  power  of  the  government  of  the  United 
States  would,  by  degrees,  consolidate  the  states  into  one 
sovereignty.  Had  the  Constitution  contained  no  provision 
upon  this  subject,  in  all  doubtful  cases,  a  favorable  con- 
struction would  still  have  been  the  right  of  the  states. 
That  questions  should  arise  upon  the  powers  of  the  general 
or  state  goverments  in  a  confederacy  like  ours,  is  to  be  ex- 
pected, and  we  should  never  forget,  that  in  all  cases^  the 
Constitution  "  contains  a  provision  as  sacred  as  it  is  positive, 
that  all  powers  not  expressly  granted,  are  withheld." 

We  have  been  gratified  by  the  expression  of  your  Ex- 
cellency's opinion  "  in  support  of  this  doctrine,  so  essential 
to  the  preservation  of  the  true  nature  of  our  institutions  of 
government."  It  is  peculiarly  important  to  recur  to  such 
vital  principles  in  a  time  of  universal  harmony,  when  the 
measures  of  government  are  watched  by  no  jealousy.  The 
people  of  the  United  States  should  always  recollect,  that 
the  union  is  a  confederation  of  independent  sovereign 
states,  associated  together  for  limited  objects ;  and  that  all 
the  powers  delegated  to  the  General  Government  are  defined 
by  the  Constitution.  The  consolidation  of  the  states  was 
never  contemplated  by  any  of  the  sages  who  framed  the 
Constitution.  All  admitted  the  evils  that  would  flow  from 
it ;  the  only  subject  of  controversy,  was  its  probability. 
Fortunately,  experience  has  proved  that  there  is  no  incon- 
sistency between  the  just  power  and  strength  of  the  National 
Government,  and  the  independence  of  the  states.  The 
several  states  are  the  great  pillars,  which  support  the  vast 
and  beautiful  temple  of  our  republic,  and  their  union  is 
its  strength  and  security. 

It  is  the  grateful  duty  of  the  Senate  to  recognize  with 
your  Excellency,  "  the  instances  of  divine  goodness  to  our 
fathers  and  to  ourselves."  That  "  no  people  can  be  bound 
to  acknowledge  and  adore  the  invisible  hand  which  con- 
ducts  the  affairs  of  men,  more  than  the  people  of  the  United 


ANSWER  OF  THE  SENATE.  591 

States,"  was  the  pious  sentiment  of  the  immortal  Washing- 
ton. "  We  see,  we  feel  that  the  condition  of  our  country 
is  flourishing  and  happy,  and  it  demands  our  gratitude." 
We  behold  it  rejoicing  in  health  and  prosperity,  rapidly 
increasing  in  population,  and  enjoying  the  blessings  of  civil 
and  religious  liberty.  Agriculture  is  every  where  improv- 
ing ;  our  manufactures  are  becoming  permanent ;  and  com- 
merce, without  the  aid  of  which,  agriculture  and  manufactures 
must  both  languish,  is  free  and  flourishing.  We  are  making 
rapid  progress  in  the  arts,  in  science,  in  literature,  and  all 
that  adorns  and  improves  society. 

The  history  of  all  republics  will  shew,  that  the  existence 
of  this  form  of  government  is  inseparably  connected  witli 
purity  of  manners,  the  practice  of  the  moral  and  social  vir- 
tues, and  an  ardent  patriotism.  Let  the  citizens  of  this 
happy  Commonwealth  then  reverence  and  support  our  re- 
ligious, literary  and  political  institutions,  and  cherish  an 
affectionate  remembrance  of  our  fathers,  from  whom  we  re- 
ceived them.  And  above  all,  let  us  unite  ^*  in  sentiments 
of  gratitude  to  a  benevolent  Providence,  for  all  our  exalted 
privileges  and  social  blessings. '^ 


ANSWER 


OF   THE 


HOUSE  OF  REPRESENTATIVES. 


May  it  please  your  Excellency, 

THE  House  of  Representatives  derives  great  satis- 
faction, from  the  opportunity  afforded  of  again  addressing 
you,  as  Chief  Magistrate  of  the  Commonwealth.  It  has 
given,  and  will  continue  to  give  to  the  communication,  your 
Excellency  has  heen  pleased,  personally  to  make  to  both 
branches  of  the  Legislature,  the  attention,  demanded  by  the 
importance  of  tlie  subjects  submitted  to  their  consideration. 
This  attention  is  t!ie  more  required  by  the  clear  and  able 
manner,  in  which  those  subjects  are  developed  and  eluci- 
dated. 

It  is  a  cause  of  gratulation,  that  the  laws,  regulating  and 
securing  the  rights  and  property  of  our  fellow  citizens,  are 
generally  so  well  adapted  to  their  condition,  that  little,  if 
any  alteration  in  the  civil  code,  at  present,  appears  to  be 
necessary.  The  House  of  Representatives,  wliile  actuated 
by  a  due  regard  to  the  welfare  of  its  constituents,  will  not 
be  hasty,  in  giving  its  assent  to  the  alteration  of  laws,  that 
have  stood  the  test  of  time,  and  are  interwoven  with  our 
system  of  jurisprudence.  It  will,  however,  always  be 
among  its  duties,  to  assist,  in  adding  to  the  civil  code,  such 
new  modifications,  as  the  changes  in  the  condition,  and 
j)ursuits  of  the  people,  may,  from  time  to  time,  require. 
Governed  by  the  principle,  that  laws,  should  not  be  contin- 
ued in  force,  merely  because  they  are  laws,  it  is  hoped 
that  no  improper  veneration  for  antiquated  statutes,  or 
forms,  will  prevent  those  salutary  changes,  whose  necessity 
may  hereafter  become  apparent.  By  uniting  vigilance  with 
caution,  the  laws,  by  a  prudent  Legislature,  will  be  made 
so  to  correspond  with  the  necessities  and  habits  of  the 
people,  as  to  be,  neither  above  nor  below  their  condition. 


ANSWER  OF  THE  HOUSE.  593 

nor  inadequate  to  their  wants.  Thus,  when  the  increase 
of  our  population,  the  extension  of  enterprize  in  agricultu- 
ral, manufacturing  and  commercial  pursuits,  and  other 
circumstances  connected  with  our  growing  prosperity,  had 
caused  such  complication  in  contracts,  and  other  instru- 
ments, concerning  real  and  personal  property,  as  to  produce 
wrongs,  for  which,  in  our  code,  remedy  was  difficult,  reform 
became  necessary.  In  affording  remedies,  deep-tooted 
prejudices  were  removed,  and  equity  powers,  to  a  certain 
extent,  by  the  preceding  Legislature,  were  vested  in  the 
Supreme  Judicial  Court.  The  fabric  of  our  jurisprudence, 
raised  on  the  basis  of  the  common  law,  being  thus,  in  a 
good  measure  completed,  our  constituents  may  congratulate 
themselves,  that  no  one  can  suffer  wrong,  for  which  he  may 
not  obtain  remedy  from  the  enlightened  and  pure  judiciary 
we  are  favored  with,  in  all  cases  over  which  the  judiciary 
has  jurisdiction. 

In  a  country,  where  a  comfortable  subsistence  can  be  sq 
easily  obtained,  by  those  having  a  moderate  share  of  health 
and  strength,  which  offers  steady  and  well  remunerated 
employment,  consonant  with  the  various  inclinations  of  dif- 
ferent individuals  ;  each  of  whom,  according  to  his  wishes, 
may  direct  his  industry  to  the  cultivation  of  the  soil ;  to 
the  fisheries ;  to  the  navigation  of  the  ocean  ;  to  mercantile 
avocations  ;  to  the  mechanic  arts  ;  or,  to  our  rising  manu- 
factories ;  there  certainly  is  less  to  be  offered  in  extenuation 
of  crimes,  resulting  from  a  trespassing,  furtive  disposit'on, 
than  in  communities  in  these  particulars,  less  fortunately 
circumstanced.  While  humanity,  therefore,  looks  fitli 
compassion  on  crimes  and  errors,  the  offspring  of  despair 
and  want,  she  will  regard  sternly,  and  frown,  as  witii,the 
full  terrors  of  vindictive  justice,  on  such  offences,  as  owe 
their  origin  to  depravity  of  heart,  or  dissolute  idleness. 
Comparing  our  present  population  with  that  of  times  past, 
it  has  not  escaped  observation,  that  crimes  of  violence  have 
lessened.  But  we  fear,  that  crimes  and  misdemeanoi>s,  the 
issues  of  fraudulent  artifice,  or  a  sordid  spirit,  have  increas- 
ed. These,  we  shall  ever  be  solicitous  to  prevent,  and 
consign  the  cunning  and  artful  knave  to  public  sharae,  as 
well  as  the  more  daring  and  violent  criminals  to  public 
ignominy. 

From  the  labors  of  the  eminent  jurists  to  whom  oor  im- 
mediate predecessors  referred  the  examination  and  revisiou 


694  ANSWER  OF  THE  HOUSE. 

of  the  criminal  code,  great  benefits  are  confidently  expected. 
We  will  sedulously  co-operate  in  the  formation  of  "  a  con- 
centrated system  of  criminal  law,"  in  which  punishment 
will  be  proportioned  to  the  nature  of  offences,  and  to  the 
degree  of  turpitude  and  malignity  of  motive  and  design, 
evinced  by  the  offenders,  and  do  all  in  our  power  to 
effect  the  great  end  of  the  criminal  code,  the  prevention  of 
crimes. 

Your  Excellency  may  rely  on  the  disposition  of  this 
House,  to  give  its  attention  to  the  consideration  of  the  ob- 
jects of  general  utility,  to  which  you  have  referred.  This 
period  of  general  prosperity  is  peculiarly  favorable  to  that 
developement  of  internal  resources,  and  extension  of  public 
inprovements,  in  which  so  many  of  our  sister  states  are 
assiduously  engaged.  The  examples  of  New  York  and 
Virginia  will  not  be  lost  upon  Massachusetts.  The  great 
enterprizes  for  tlie  promotion  of  internal  navigation,  which 
those  states,  with  broad  prospective  views,  have  so  wisely 
and  extensively  promoted,  must  produce  an  useful  emula- 
tion. Beneficial  will  be  such  rivalry.  It  is  not  a  contest 
to  support  cankering  military  establishments  for  mutual 
coiquest ;  nor  is  it  an  effort  to  outshine  in  the  pageantry 
of  courts  ;  but  it  is  a  strenuous  endeavor  in  each,  to  do  most, 
to  'jring  into  active  operation,  and  apply  its  resources  in 
facilitating  communications  and  other  improvements,  and 
thus  obtain  superior  advantages  to  its  agriculture,  manu- 
faeures  and  commerce.  Such  rivalship  will  ever  be  ap- 
proved  and  encouraged  by  enlightened  statesmen  for  its 
bensficial  tendencies,  not  only  to  the  states  engaged,  but  to 
the  nation.  Tlie  population,  the  wealth,  the  enterprize, 
and  the  intelligence  of  this  Commonwealth,  will  not  suffer 
it  to  halt  in  the  rear  of  any  other,  in  the  prosecution  and 
patrcjiage  of  eminently  great  and  useful  undertakings.  The 
floui-fehing  condition  of  its  fisheries  ;  the  wide  extent  and 
richnsss  of  its  commerce ;  the  productiveness  of  its  manu- 
factuTes,  when  conducted  by  skill  and  industry  ;  and  the 
increasing  improvement  of  its  agriculture,  constantly  accu- 
mulate the  menus  of  public  improvement ;  while  the  return 
of  petce,  and  the  repeal  of  the  internal  taxes  and  duties, 
have  given  it,  at  once,  the  double  advantage  of  enlarged 
])rospmty,  and  lessened  burdens.  Such  a  condition  ena- 
bles the  Government  to  extend  the  resources  of  the  state, 


ANSWER  OF  THE  HOUSE.  6Q3 

and  gives  it  the  salutary  powers  of  affording  its  aid  to  works 
of  great  importance  and  permanent  utility. 

The  necessity  of,  and  great  public  advantages  to  be  de- 
rived from  a  canal,  across  the  isthmus  of  Cape  Cod,  early 
arrested  the  attention  of  our  ancestors.  The  project  since, 
at  times,  has  received  those  promises  of  encouragement 
which  might  be  expected,  in  favor  of  a  design  fraught  with 
such  important  benefits  to  the  public,  and  so  pressiugly 
urged  by  humanity.  All  the  examinations  and  surveys 
concur  in  its  practicability  ;  and  the  increase  of  valua- 
ble commerce  since  one  thousand  seven  hundred  and  nine- 
ty-two, the  last  time  it  received  any  actual  encouragement 
from  the  Legislature,  affords  strong  reasons  for  believing, 
that  the  time  has  quite  arrived  when  it  will  be  executed. 
Its  immediate  utility  in  connecting  different  parts  of  the 
state ;  its  great  advantage  to  a  most  important  and  rapidly 
increasing  coasting  trade  ;  its  removing  the  greatest  ob- 
stacle to  an  easy  and  safe  communication  between  the 
eastern  and  middle,  and  southern  section  of  the  Union ; 
its  peculiarity  as  a  sea  canal,  for  the  use  of  the  vessels 
of  all  the  states ;  its  obvious  advantages  in  time  of  war, 
not  only  in  facilitating  and  protecting  the  coasting  and  for- 
eign trade,  but  in  its  assistance  to  a  safe  and  expeditious 
transport  between  different  naval  and  military  depots ;  and 
finally,  its  affording  a  short  route,  to  at  least,  all  the  smaller 
classes  of  ships  of  war,  render  it,  in  our  opinion,  more  pe- 
culiarly an  object  of  national,  as  well  as  of  state  patronage, 
than  any  other  canal  in  the  United  States.  These,  with 
other  considerations,  induce  us  cordially  to  join  with  your 
Excellency  in  opinion,  that  from  them  motives  must  be  de- 
rived for  the  government  of  this  state  and  that  of  th& 
United  States,  efficaciously  to  further  its  accomplishment. 
With  such  support,  united  with  private  enterprize,  we  en- 
tertain no  doubt  this  great  undertaking  will  be  early  ac- 
complished. 

To  agriculture,  the  House  of  Representatives  will  afford 
the  encouragement  required  by  an  interest,  of  all  interests 
the  most  important,  and  on  which  all  others  more  or  less 
remotely  depend.  It  affords  us  pleasure  to  witness  agri- 
cultural improvements  rapidly  advancing,  and  suitable 
grants  will  be  made,  in  aid  of  the  generous  and  disinterested 
efforts  of  the  individuals  composing  the  Massachusetts  Ag- 
licultnral  Society,  and  the  other  societies  instituted  for 
76 


590  ANSWER  OF  THE  HOUSE. 

the  promotion  of  this  important  object.  To  these  associa- 
tions, many  of  those  improvements  may,  in  justice,  be  at- 
tributed. A  proper  sum,  annually  appropriated  for  the 
encouragement  of  agriculture,  and  the  manufacture  of  its 
staple  productions,  will  always,  under  judicious  manage- 
ment, be  more  than  remunerated,  by  the  increased  produce 
of  the  soil,  and  the  enlarged  comforts  of  the  people. 

To  the  fiscal  concerns  of  the  Commonwealth,  we  shall 
give  the  solicitous  attention  required,  not  only  by  the  dis- 
closure your  Excellency  has  so  acceptably  made  of  the 
situation  of  our  finances,  but  by  the  Constitution  of  the 
state,  which  enjoins  on  the  House  of  Representatives,  the 
duty  of  originating  "  all  money  bills."  In  selecting  sour- 
ces of  revenue,  we  shall  be  careful  to  choose  those  that 
will  supply  the  treasury,  to  the  requisite  extent ;  and,  that 
it  be  done  in  such  mode,  as  v»  ill  be  most  convenient  in  col- 
lection, and  bear  most  equally  on  our  fellow  citizens. 
Aware  that  the  existing  taxes  are  levied  chiefly  on  land, 
and  on  the  income,  and,  in  the  form  of  a  poll  tax,  on  the 
persons  of  our  constituents,  and  on  the  chartered  banks  ; 
certain  articles  of  mere  luxury,  and  particularly  those 
classes  of  business  which,  as  affecting  the  public  morals 
and  ordinary  modes  of  trade,  cannot  be  pursued  without 
permission  of  law,  will  not  escape  our  views,  in  the  exam- 
ination of  this  subject. 

We  are  happy  to  learn  from  your  Excellency,  that  the 
claim  of  this  state  on  the  United  States,  for  part  of  the  ex- 
penses incurred  in  the  common  defence,  during  the  late 
war,  having  received  the  examination  of  a  committee  of 
Congress,  will  be  submitted  to  the  consideration  of  that 
honorable  body,  at  its  next  session.  Not  doubting  the 
same  measure  of  justice  will  be  meted  to  Massachusetts,  as 
has  been  given  to  other  states,  we  cannot  but  believe  this 
business  will  soon  be  brought  to  a  satisfactory  termination. 
Calling  to  mind  the  remarkable  degree  of  economy  which 
attended  the  expenditures  constituting  the  amount  of  that 
claim ;  the  labors,  the  services,  and  the  sacrifices  made, 
not  only  by  the  state  at  large,  but  by  towns,  and  other  cor- 
porations,  and  patriotic  individuals,  in  defence  of  a  sea- 
coast  of  <^  more  than  five  hundred  miles  in  extent,"  much 
of  which,  does  not  constitute  any  part  of  the  charges 
against  the  United  States  ;  and  especially  when  we  reflect 
that  many  of  the  important  works  will  long  remain,  monu- 


ANSWER  OF  THE  HOUSE.  597 

meats  of  the  patriotic  zeal  and  generous  devoteduess  to 
country,  of  all  classes  of  our  fellow  citizens,  that  had  an 
opportunity  to  assist  in  their  formation,  either  by  personal 
labor,  or  by  contributions  of  money ;  and  knowing,  that 
these  works,  and  the  services  connected  with  that  claim, 
were  necessary,  and  intended  and  used  for  the  common 
defence ;  and  that  most  of  the  works  now,  and  for  a  long 
time  to  come,  will  require  only  to  be  manned  and  mantled, 
effectually  to  defend  the  ships,  the  arsenals,  the  navy 
yard,  and  other  property  of  the  United  States,  against 
any  enemy ;  we  cannot  believe,  that  what  was  done  for  the 
defence  of  all,  much  of  which  now  remains  for  national 
use,  will  not  be  remunerated  by  the  General  Government. 

To  the  Constitution  of  the  United  States,  is  our  country 
deeply  indebted  for  its  security  and  prosperity.  Contain- 
ing in  itself,  ample  provision  for  amendment,  its  powers 
may  be  enlarged  or  diminished,  in  a  peaceable  manner,  as 
the  good  of  the  people  may  require,  and  as  the  people  may 
willc  Any  attempt  to  add  to,  or  diminish  its  prerogatives 
by  forced  constructions,  or  in  any  manner,  other  than  that 
prescribed  by  itself,  will  be  zealously  opposed  by  all,  hav- 
ing a  due  regard  to  their  own  welfare,  or  that  of  their 
posterity.  The  National  Government  moving  without 
aberration,  in  its  own  orbit,  and  the  respective  states  con- 
fining themselves  to  their  prescribed  revolutions,  this  grand 
system  will  revolve  in  harmony,  with  a  duration  as  long  as 
the  people  will  love  to  be  happy,  and  continue  to  be  virtu- 
ous and  intelligent. 

Next  to  a  most  gracious  God,  to  whom  we  offer  the 
devout  homage  of  our  hearts,  is  our  gratitude  due  to  those 
heroes  and  statesmen,  the  founders  of  our  republic,  whose 
wisdom  and  bravery  have  conferred  the  great  blessings  we 
enjoy.  The  provision  made  by  Congress,  for  the  relief  of 
the  surviving  officers,  seamen,  marines,  and  soldiers  of  the 
revolution,  who  are,  or  may  be  in  destitute  circumstances, 
affords  some  evidence  that  republics  are  not  always  un- 
grateful. In  the  source  whence  this  measure  emanated, 
we  recognize  the  distinguished  individual  presiding  over 
the  nation,  w'ho  in  early  life  gave  himself  to  the  dangers 
and  sufferings  of  the  revolutionary  contest.  Having  shared 
in  their  dangers,  and  witnessed  their  privations,  anxious 
must  he  have  been,  that  the  country  to  which  these  desti- 


598  ANSWER  OF  THE  HOUSE. 

tute  warriors  had  given  their  all,  should  provide  for  them 
in  the  decline  of  life,  and  gild  the  clouds  of  their  evening 
sky  with  the  rays  of  a  nation's  gratitude. 

May  it  please  your  Excellency  :  By  the  free  suffrages 
of  your  fellow  citizens,  you  are  again  called,  in  the  wisdom 
of  mature  age,  to  guard  those  rights  and  liberties,  your 
youthful  valor  eminently  assisted  to  achieve.  In  all  the 
measures  for  the  public  good,  to  which  you  have  asked,  or 
may  ask  its  attention,  the  House  of  Representatives  will 
be  governed  by  the  injunctions  of  the  Constitution  of  this 
Commonwealth,  as  expressed  in  its  imperative  language,' 
that  its  duty  shall  be  at  all  times  "  to  cherish  the  interests 
of  literature  and  the  sciences,  and  all  seminaries  of  them ; 
especially  the  University  at  Cambridge;  public  schools 
and  grammar  schools  in  the  towns  :  to  encourage  private 
societies,  and  public  institutions;  to  give  rewards  and  im- 
munities  for  the  promotion  of  agriculture,  arts,  sciences^ 
commerce,  trades,  manufactures,  and  a  natural  history  of 
the  country  ;  to  countenance  and  inculcate  the  principles 
of  humanity  and  general  benevolence ;  public  and  private 
charity ;  industry  and  frugality ;  honesty  and  punctuality 
in  their  dealings  ;  sincerity,  good  humor,  and  all  social 
fiffections,  and  generous  sentiments  among  the  people.'' 


RESOLVES. 


JUNE,  1818. 


CHAP.   CLVI. 

Resolve  on  the  petition  of  Abigail  Lear,  praying  for  pay- 
ment  of  a  Legacy.     June  4th,  1818. 

On  the  petition  of  Abigail  Lear,  praying  that  Stephen 
Wales,  Executor  of  the  last  will  and  testament  of  Enoch 
Glover,  may  be  authorized  and  directed  to  pay  over  to  the 
said  Abigail  Lear,  the  legacy,  which  the  said  Enoch  Glov- 
er, in  his  said  will,  gave  to  Freeman  Glover,  now  deceased, 
the  child  of  the  said  Abigail ; 

Resolved,  For  reasons  set  forth  in  said  petition,  that  the 
said  Stephen  Wales,  Executor  of  the  last  will  and  testa- 
ment of  Enoch  Glover,  late  of  Dorchester,  in  the  countv  of 
Norfolk,  deceased,  be,  and  he  hereby  is  empowered  a:id 
directed  to  pay  over  to  the  said  Abigail  Lear,  of  Dorches- 
ter  aforesaid,  widow,  the  mother  of  Freeman  Glo  er,  late 
of  said  Dorchester,  deceased,  all  the  amount  of  the  legacy 
given  to  said  Freeman  Glover,  in  and  by  the  last  will  and 
testament  of  Enoch  Glover  aforesaid ;  and  the  Jud^e  of 
Probate  of  the  county  of  Norfolk,  is  hereby  authorized  to 
approve  of,  and  allow  said  payment,  in  the  settlement  of 
3aid  Executor's  account  in  tho  Probate  Office;  accordingly. 


600     COUNCIL,  &c.— B.  RUSSELL.— Jzt«e  4, 1818. 


CHAP.  CLYn. 

Resolve  establishing  the  Pay  of  the  Council,  and  the  Mem- 
bers of  the  General  Court.     June  Ith,  1818. 

Hesolvedf  That  there  be  paid  oat  of  the  treasury  of  this 
Commonwealth,  to  each  Member  of  the  Council,  Senate, 
and  House  of  Representatives,  two  dollars  for  each  and 
every  day's  attendance,  the  present  political  year  ;  and  the 
like  sum  of  two  dollars,  for  every  ten  miles  travel  from 
their  respective  places  of  abode,  to  the  place  of  the  sitting 
of  the  Legislature,- at  every  session  thereof. 

And  be  it  further  resolved,  That  there  be  paid  to  the 
President  of  the  Senate  and  the  Speaker  of  the  House  of 
Representatives,  each  two  dollars  per  day,  for  each  and 
every  day's  attendance,  in  addition  to  their  pay  as  members. 


CHAP.  CLYin. 

Resolve  appointing  Benjamin  Russell,  Printer  to  the  State, 
June  4th,  1818. 

On  the  petition  of  Benjamin  Russell,  of  Boston,  in  the 
county  of  Suffolk,  praying  to  be  appointed  and  employed 
as  Printer  to  the  General  Court,  the  ensuing  year  ; 

Resolved,  That  the  said  Benjamin  Russell  be,  and  he 
hereby  is  appointed  the  Printer  of  this  Commonwealth,  for 
one  year  from  the  fourth  day  of  June  instant,  to  be  fully 
completed  aud  ended,  and  until  another  State  Printer  shall 
be  appointed  in  his  stead :  Provided,  he  the  said  Russell 
shall  do  and  perform,  or  cause  to  be  done  and  performed, 
the  printing,  in  a  faithful  and  workman-like  manner,  on 
good  and  suitable  paper,  and  with  all  reasonable  despatch, 
and  to  the  acceptance  of  the  ofScers  for  whom  the  work 
may  be  done. 

Be  it  further  resolved,  That  the  compensation  which 
shall  and  may  be  allowed  and  made  to  the  said  Benjamin 
Russell,  for  printing,  and  materials  furnished  as  aforesaid, 
shall  be  such  as  the  Committee  on  Accounts  may  deem  to 


TAX.— GOV'S.  MESSAGE.— Jane  6,  1818.     601 

be  just  and  reasonable ;  they,  the  said  Committee  on  Ac 
counts,  taking  into  consideration  and  comparison,  the  pay 
and  allowance  heretofore  made,  for  similar  and  like  servi- 
ces rendered,  and  articles  furnished  by  printers  to  the  Gen- 
eral Court,  for  several  years  last  past. 


CHAP.  CLIX. 

Resolve  granting  a  Tax  on  the  County  of  Worcester, 
June  5th,  1818. 

WHEREAS  the  Clerk  of  the  Circuit  Court  of  Common 
Pleas  for  the  county  of  Worcester,  has  exhibited  an  esti- 
mate, made  by  the  said  Court,  of  the  sum  necessary  to  be 
raised  the  current  year,  to  defray  the  expenses  of  building  a 
House  of  Correction,  in  and  for  said  county,  and  of  the  pur- 
chase of  the  land  on  which  to  build  the  same  ;  Therefore, 

Resolved,  That  the  sum  of  five  thousand  and  five  hundred 
dollars  be,  and  the  same  is  hereby  granted  as  a  tax  for  the 
said  county  of  Worcester,  the  present  year ;  to  be  apportion- 
ed and  assessed,  paid,  collected  and  applied  for  the  pur- 
pose aforesaid^  according  to  law. 


CHAP.  CLX. 

Governor's  Message.     June  -ith,  1818. 

Gentlemen  of  the  Senate,  and 

Gentlemen  of  the  House  of  RepresentativeSf 

On  the  thirty.first  of  January  last,  a  resolve  passed  the 
Legislature,  authorizing  the  Governor,  with  the  advice  of 
Council,  to  erect  a  fire  proof  building,  on  some  convenient 
part  of  the  land  adjoining  the  State  House,  for  the  purpose 
of  safe  keeping  all  the  public  records  of  the  Commonwealth  : 
and  authorizing  the  Governor  to  draw  his  warrant  on  the 


COS     GOVERNOR'S  MESSAGE.—litwe  6,  1818. 

treasury  for  any  sum  or  sums,  not  exceeding  two  thousand 
dollars,  from  time  to  time,  as  the  same  may  be  wanted  for 
completing  said  building. 

The  subject  of  that  resolve  having  been  laid  before  the 
Council,  Uie  site  on  which  a  building  of  sufficient  dimen- 
sious  to  contain  all  the  records  of  the  Commonwealth  exam- 
ined, and  an  estimate  of  the  probable  expense  obtained,  it 
was  considered,  and  so  advised  by  the  Council,  that  the 
business  of  erecting  a  building  be  postponed,  until  the  next 
meeting  of  the  Legislature. 

That  the  I<egislature  may  have  a  distinct  view  of  the 
reasons  upon  which  the  advice  of  Council  was  founded,  the 
Secretary  will  lay  before  you  the  proceedings  of  the  Coun- 
cil respecting  the  same. 

A  suitable  plan  and  estimate  have  not  been  completed, 
but  may  be  obtained  in  a  short  time,  should  they  be  deemed 
necessary  by  the  Legislature. 

The  Secretary  will  likewise  lay  before  you  copies  of 
resolutions,  passed  by  the  Legislature  of  the  state  of  Geor- 
gia, relative  to  proposed  amendments  to  the  Constitution  of 
the  United  States,  together  with  a  letter  from  the  Governor 
of  that  State,  requesting  the  same  to  be  laid  before  the  Le- 
gislature of  this  state. 

J.  BROOKS. 

Council  Chamber,  June  5,  1818. 


CHAP.  CLXI. 

Governor's  Message.     June  6th,  1818, 

Gentlemen  of  the  Senate,  and 

Gentlemen  of  the  House  of  llepresentativeSf 

This  morning  I  received  a  letter  from  the  Honorable 
John  Quincy  Adams,  Secretary  of  State,  stating  that  his 
Britannic  Majesty's  government  had  given  orders  for  the 
delivery,  to  the  United  States,  of  Moose,  Dudley  and  Fred- 
erick Islands  ;  and  that  Brigadier  General  James  Miller 
had  been;  by  order  of  the  President  of  the  United  States, 


STATE  PKIS.--SALISBURY.— Juwe  8,  1818.    603 

authorized  to  receive  possession  of  the  same  in  their  name  ; 
suggesting  at  the  same  time,  that  it  would  be  satisfactory  to 
the  President,  should  an  officer  of  this  state  be  appointed 
to  attend  at  the  surrender  of  the  territory.  A  copy  of  the 
letter  of  the  Secretary  of  State  will  herewith  be  laid  before 
you. 

J.  BROOKS. 

Council  Chamber,  June  6,  1818. 


CHAP.  CLXII. 

Resolve  granting  Twelve  TJiousand  Dollars  for  the  use  of 
the  State  Prison,     June  6th,  1818. 

Resolved,  That  there  be  allowed  and  paid  out  of  the 
public  treasury,  for  the  use  of  the  State  Prison,  the  sum  of 
twelve  thousand  dollars,  to  be  drawn  from  the  treasury  by 
the  Warden  of  said  prison,  in  such  sums  as  the  Directors 
shall  from  time  to  time  direct ;  and  his  Excellency  the  Gov- 
ernor, with  the  advice  of  Council,  is  hereby  requested  to 
draw  his  warrant  on  the  Treasurer  for  the  said  sum  ac- 
cordingly. 


CHAP.  CLXIII. 

Resolve  emjpoicering  the  Assessors  of  Salisbury  to  sell  cer^ 
tain  Public  Lots.     June  8th,  1818. 

On  the  petition  of  the  inhabitants  of  the  east  parish  in 
Salisbury, 

Resolved,  For  the  reasons  set  forth  in  the  said  petition, 
that  the  Assessors  of  the  east  parish  in  Salisbury  be,  and 
they  are  hereby  empowered  to  sell  and  convey  by  deed,  in 
fee  simple,  the  lots  of  land  known  by  the  name  of  the  Grape 
Hill  Pasture,  and  Cow  Commons  Lots,  as  described  in  said 
petition,  situate  in  the  town  of  Salisbury  ;  and  appropriate 
the  proceeds  of  sale  in  erecti-ng  a  new  parsonage  house,  on 
the  lot  near  where  the  parsonage  now  stands. 
77 


604!      BEVERLY.-^STANDISH.— June  8,  1818. 


CHAP.  CLXiy. 

llesolve  on  tlip  petition  of  the  Overseers  of  the  Poor  of  the 
town  if  Beverly.     June  8th,  18 18. 

JlpsnJved,  Tliat  there  be  paid  out  of  the  treasury  of  this 
Commonwealth,  to  the  Overseers  of  the  Poor  of  the  town  of 
Beverly,  one  hundred  dollars  in  full  for  a  pension,  which 
Israel  Morgan,  of  said  Beverly,  an  insane  person,  is  enti- 
tled to  receive  from  this  Commonwealth,  for  two  years,  end- 
ing the  nineteenth  day  of  June,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  eighteen,  to  be  by  them  applied 
towards  the  support  of  said  Morgan. 


CHAP.  CLXV. 

Mesolve  making  the  Doings  of  the  town  of  Standish  valid, 
June  8th,  1818. 

On  the  petition  of  the  inhabitants  of  the  town  of  Standish, 
in  the  county  of  Cuml)erland,  stating  that  the  doings  of  said 
town  have,  in  some  respects,  been  illegal,  through  inatten- 
tion, accidents  and  mistakes,  and  praying  that  their  several 
town  meetings,  and  the  doings  therein,  prior  to  the  date  of 
said  petition,  may  be  rendered  valid  ; 

liesolvpd,  That  the  several  town  meetings  held  in  said 
town  of  Standish,  as  aforesaid,  be,  and  they  are  hereby  ren- 
dered good  and  valid  ;  and  the  proceedings  had  at  the  sev- 
eral meetings  aforesaid  be.  and  they  are  hereby  fully  ratified 
and  confirmed  :  Provided  however,  that  this  shall  not  affect 
any  case  now  pending  before  any  Judicial  Court, 


WM.  JERNEGAN,  &c.— June  9,  1818.         605 


CHAP.  Lxvr. 

liesolve  on  the  petition  of  William  Jernegan, 
June  9th,  18l8. 

On  the  petition  of  William  Jernegan,  in  his  capacity  of 
Treasurer  of  Dukes'  County,  praying  the  allowance  of 
twenty-six  dollars  and  thirty-five  cents,  paid  by  hiui  to  a 
Coroner  of  said  county  for  an  inquest  ; 

Resolved,  For  reasons  set  forth  in  said  petition,  that  there 
be  allowed  and  paid  out  of  the  treasury  of  this  Common- 
wealth, to  the  said  VVilliam  Jernegan,  Treasurer  of  Dukes' 
County,  the  sum  of  twenty-six  dollars  and  thirty. five  cents, 
being  the  sum  paid  by  him  as  aforesaid  ;  and  that  his  Ex- 
cellency the  Grovernor,  with  the  advice  of  Council,  be  au- 
thorized and  requested  to  draw  his  warrant  on  the  treasury 
for  the  same. 


CHAP.  CLXVII. 

Resolve  authorizing  John  C.  Williams^  Administrator  on 
B,  Sheldon^s  estate,  to  pay  certain  monies  in  his  handSf 
to  the  Overseers  of  the  Poor  of  the  town  of  Deerjield, 
June  9th,  1818. 

On  the  memorial  of  Ebenezer  H.  Williams  and  Asa 
Stebbins,  Overseers  of  the  Poor  in  the  town  of  Deerfield, 
in  the  county  of  Franklin,  praying  that  John  C.  Williams, 
Administrator  on  the  estate  of  Benedict  Sheldon,  may  be 
authorized  to  pay  over  the  residuum  of  the  estate  of  the  said 
Benedict,  in  the  hands  of  the  said  Administrator,  which 
would  otherwise  escheat  to  the  treasury  of  this  Common- 
wealth, to  the  Overseers  of  the  poor  of  that  town,  that  they 
may  dispose  of  the  same  for  the  support  of  Esther  Gardner 
and  her  infant  children  ; 

Resolved,  That  the  said  Williams,  the  Administrator,  be, 
and  he  hereby  is  authorized  and  required  to  pay  over  to 
the  Treasurer  of  the  said  town  of  Deerfield,  the  whole  of  the 
residuum  of  the  estate  of  the  said  Benedict,  to  aid  them  in 


606      H.  ROBERTS.— INDIANS.— JtiMe  9, 1818.  . 

the  support  of  the  said  Esther  Gardner,  the  mother  of  the  said 
Benedict  and  her  infant  children  :  Provided  however,  that 
should  the  whole  of  the  sum,  which  they  may  receive,  not 
be  required  for  such  support,  the  Treasurer  of  said  town 
shall  be  holden  to  pay  the  residue  into  the  treasury  of  this 
Commonwealth. 


CHAP.  CLXVIIL 

Resolve  on  the  'petition  of  Howel  Roberts,  granting  Forty 
Dollars,     June  9th,  1818. 

On  the  petition  of  Howel  Roberts,  praying  that  he  may 
deceive  from  the  Commonwealth,  the  sum  of  forty  dollars, 
paid  by  him,  into  the  treasury  thereof,  on  a  recognizance 
which  he  had  entered  into  for  the  appearance  at  court  of 
Vine  Haynes,  whom  he  afterwards  procured  and  delivered 
up  for  trial  ; 

Resolved,  For  reasons  set  forth  in  said  petition,  that  there 
be  paid  out  of  the  treasury  of  this  Commonwealth,  to  the 
said  Howell  Roberts,  the  sum  of  forty  dollars. 


CHAP.  CLXIX. 

Resolve  respecting  the  Troy  Indians,     June  9th,  1818. 

Upon  the  petition  and  representation  of  Jonathan  Prown- 
ell  and  others,  in  behalf  of,  and  concerning  Daniel  Ward 
and  others,  Indians,  resident  in  the  town  of  Troy,  in  the 
county  of  Bristol ; 

Resolved,  That  Captain  Sheffel  Weaver,  of  Troy,  in  the 
county  of  Bristol,  gentleman,  be,  and  he  hereby  is  appointed 
Guardian  to  all  the  Indians,  male  and  female,  living  in  said 
town  of  Troy,  or  owning  lands  in  said  town  ;  with  power 
to  take  care  of.  and  provide  for  said  Indians,  and  to  im- 
prove  all  the  land  they  own  in  said  town  of  Troy,  for  their 


JONATHAN  M.  BISSELL.— Jwwc  9,  1S18.     607 

use :  And  the  said  Weaver,  their  said  Guardian,  shall 
have  and  possess  lilte  power  over  said  Indians,  and  their 
real  and  personal  estate,  and  like  powers  over  their  persons 
and  effects,  as  Guardians  to  minors  by  law  now  have  over 
the  persons,  effects,  and  estates  of  their  said  wards,  by  vir- 
tue of  an  appointment  of  guardianship,  by  any  Judge  of 
Probate  in  this  Commonwealth  ;  and  said  Guardian  shall 
give  bond,  with  sufficient  surety,  in  the  sum  of  two  thou- 
sand dollars,  to  the  Judge  of  Probate,  within  and  for  the 
county  of  Bristol,  before  said  Guardian  enters  upon  the  ex- 
ecution of  his  said  office,  conditioned  faithfully  to  execute 
the  duties  of  said  appointment,  and  to  account  annually  to 
said  Judge  of  Probate,  for  the  proceeds  of  all  the  property 
of  said  Indians,  together  with  all  proceeds  of  labor  of  the 
said  Indians,  which  said  Guardian  may  have  received  ;  and 
said  Guardian  shall  also  be  under  oath,  faithfully  to  exe- 
cute the  said  duties  of  his  said  appointment. 


CHAP.  CLXX. 

Mesolve  on  the  petition  of  Jonathan  M,  Bissell. 
June  9th,  1818. 

On  the  petition  of  Jonathan  M.  Bissell,  of  Greenfield, 
praying  that  Thomas  Horsley  and  Joel  Lyons,  Guardians 
of  John  S.  Horsley,  Lyman  B.  Horsley,  and  Proctor  P. 
Horsley,  minor  children  and  heirs  of  Josiah  Horsley,  late 
of  Gill,  deceased,  may  be  authorized  to  convey  to  him  and 
his  heirs,  certain  lands,  hereafter  described,  on  the  condi- 
tions hereafter  named ; 

Mesolvedf  For  reasons  set  forth  in  said  petition,  that  the 
said  Thomas  Horsley  and  Joel  Lyons,  in  their  said  capa- 
city be,  and  they  hereby  are  authorized  to  convey  to  the 
said  Jonathan  M.  Bissell,  by  a  good  and  sufficient  deed 
for  that  purpose,  all  the  right  of  said  minors  in  the  follow- 
ing tracts  of  land,  lying  in  Greenfield,  in  the  county  of 
Franklin,  bounded  and  described  as  follows  ;  that  is  to 
say  :  the  one  beginning  at  a  stake  and  stones,  at  the  south- 
west corner  of  the  same,  on  the  county  road  leading  to  Gill, 
about  sixty  rods  west  of  mills  lately  owned  by  Abiel  Ste- 


608  ABIGAIL  SPRAGUE.—J^ttwe  9,  1818. 

vens ;  thence  running  northerly  to  a  stake  and  stones,  on 
the  top  of  Fall  River  Hill  so  called,  where  the  county 
road  formerly  ran  ;  thence  easterly,  to  the  south  line  of 
land  owned  by  the  heirs  of  Joseph  Stebbins.  to  the  county 
road  aforesaid  ;  thence  on  said  road  to  the  place  of  begin- 
ning ;  containing  two  acres  and  one  quarter,  more  or  le«5S, 
with  the  buildings  thereon :  The  other  tract  contains  three 
acres,  more  or  less,  and  is  bounded  as  follows  ;  that  is  to 
say :  beginning  at  a  white  oak  tree,  at  the  corner  of  the 
road  leading  to  the  mouth  of  Fall  River  ;  thence  south, 
eighteen  degrees  east,  eighteen  rods  and  sixteen  links,  to  a 
stake  and  stones  ;  thence  south,  five  degrees  east,  twenty 
rods  and  sixteen  links,  to  a  stake  on  the  bank  of  Fall 
River;  thence  south,  twenty-four  degrees  west,  two  rods 
and  ten  links,  to  the  mouth  of  Fall  Iliver  Brook  ;  thence 
north,  twenty-five  degrees  west,  fifteen  rods  and  four  links^ 
to  a  yellow  birch  tree ;  thence  sixty-seven  degrees  west, 
three  rods,  to  a  stake  and  stones  ;  thence  north,  eighteen 
degrees  west,  twenty  rods,  to  a  stake  and  stones,  on  the 
county  road  ;  thence  to  the  first  mentioned  bound  ;  on 
condition,  the  said  Jonathan  Vl.  Bissell  pay  to  the  said 
Thomas  Horsley  and  Joel  Lyons,  Guardians  as  aforesaid, 
for  the  use  and  beuefit  of  said  minors,  three  fourth  parts  of 
the  sum  of  eighty-one  dollars  and  twenty. seven  cents,  with 
the  interest  thereof,  from  the  twenty-ninth  day  of  Septem-  ■ 
ber,  in  the  year  of  our  Lord  eighteen  hundred  and  three  ; 
unless  the  same  may  have  been  already  paid. 


CHAP.  CLXXL 

Kesolve  emjJowering  Abigail  Sprague  and  others^  to  convey 
Heal  Estate,     June  9th,  1818. 

On  the  petition  of  Elijah  Low  and  Joseph  Sewall,  jun- 
ior. Assessors  of  the  First  Baptist  Society  in  Bath,  to- 
gether with  Abigail  Sprague,  Administratrix  on  the  estate 
of  Oakman  Sprague,  late  of  Bath,  in  the  county  of  Lincoln, 
deceased,  setting  forth,  that  the  said  Oakman  Sprague,  in 
his  life- time,  to2;ether  with  David  Stinson  and  Thomas  Lc- 
mont,  both  of  said  Bath,  gentlemen,  received  a  conveyance 


JOHN  GILMORE— Jinie  9,  181S.  609 

of  a  certain  lot  of  land  in  said  Bath,  in  trust  for  certain 
persons,  who  have  since  erected  a  meeting  house  thereon  ; 
but  that  the  deed,  by  which  said  conveyance  was  made, 
doth  not  express  saiil  trust :  And  whereas  the  persons 
aforesaid,  have  since  been  incorporated  into  a  society,  by 
the  name  of  the  First  Baptist  Society  in  the  town  of  Bath ; 
and  said  Abigail  is  desirous  of  conveying  the  interest, 
which  was  vested  in  her  late  husband,  by  the  deed  afore- 
said, to  said  First  Baptist  Society  in  the  town  of  Bath, 
agreeably  to  the  true  intent  and  meaning  of  the  trust  repo- 
sed in  him.  the  said  Oakman  Sprague  ;  Therefore, 

Resolved^  That  the  said  Abigail  Sprague,  in  her  said 
capacity  be,  and  she  is  hereby  fuUy  authorized  and  empow- 
ered to  make  and  execute,  with  the  said  David  Stinson  and 
said  Thomas  Lemont,  a  suflBcient  deed  of  the  aforemen- 
tioned premises,  to  the  said  First  Baptist  Society  in  the 
town  of  Bath  .  Provided  however,  that  the  said  society  first 
pay  to  said  Abigail,  all  monies  advanced  to  them  by  said 
Oakman  Sprague,  for  the  purpose  of  erecting  said  meeting 
house,  over  and  above  what  he  may  have  given  for  that 
purpose ;  and  indemnify  said  Abigail  and  the  heirs  of  said 
Oakman  Sprague,  against  all  debts  that  he  the  said  Oak- 
man, became  obligated  to  pay  for  said  society,  over  and 
above  the  cost  of  the  shares,  which  he  the  said  Oakman, 
subscribed  for,  in  the  meeting  house  erected  upon  said  land. 


CHAP.  CLXXII. 

Resolve  on  the  petition  of  John  Gilmore,     June  9th,  1818> 

On  the  petition  of  John  Gilmore,  praying  that  the  Com- 
mittee empowered  to  view  the  waters,  dams.  &c,  in  the 
towns  of  Bridgewater  and  Halifax,  relative  to  the  fishery 
on  Taunton  Great  River,  may  be  extended  to  examine  all 
and  singular  the  facts  and  circumstances  relating  to  the 
fishery  at  those  places,  at  the  expense  of  said  towns,  or  of 
said  petitioner ; 

Resolved,  For  reasons  set  forth  in  the  petition  of  John 
Gilmore,  that  the  Committee  appointed  to  view  the  waters 
and  dams  in  the  towns  of  Bridgewater  and  Halifax,  be,  aud 


610     CONGREGA.  SOCIETY,  kc.-^June  10,  181^. 

they  are  hereby  empowered  to  view  all  and  singular  tlie 
facts  and  circumstances  relative  to  the  fishery  on  Taunton 
Great  River,  at  the  expense  of  said  John  Gilmore,  the  pe- 
titioner. 


CHAP.  CLXXIII. 

Mesolve  on  the  petition  of  the  Congregational  Society  in 
Saugus,     June  10th,  1818. 

On  the  petition  of  the  Congregational  Parish  in  Saugus, 
late  the  Second  Parish  in  Lynn,  in  the  county  of  Essex, 
praying  for  a  confirmation  of  their  records  and  proceedings, 
notwithstanding  certain  irregularities  and  neglects  respect- 
ing them  ; 

Resolved,  For  reasons  set  forth  in  said  petition^  that  the 
records  and  proceedings  of  the  said  parish  be,  and  the  same 
are  hereby  confirmed  and  made  valid  in  law,  to  all  intents 
and  purposes  ;  the  meetings  of  said  parish  having  been  call- 
cd  by  notifications,  posted  up  by  the  Committee,  and  seals 
to  warrants  having  in  soma  cases  been  omitted,  notwith- 
standing. 


CHAP.  CLXXIV. 

Me  solve  on  the  j)etition  of  Augustus  Sheurill. 
June  10th,  J818. 

On  the  petition  of  Augustus  Shevrill,  of  Stockbridge,  in 
the  county  of  Berkshire,  Esquire,  praying  an  allowance  for 
repairs  made  by  him  on  certain  real  estate  of  the  Common- 
wealth, within  the  said  town  of  Stockbridge  ; 

Resolved,  That  the  sum  of  two  hundred  and  twenty  dol- 
lars and  fifty  cents  be  allowed  the  said  petitioner,  in  full 
for  said  repairs  ;  and  that  said  sum  be  applied  by  the  Trea- 
surer  of  said  Commonwealth,  iu  part  satisfaction  and  dis- 


TAX  GRANTED,  &c.— Jwne  10,  1818.        611 

charge  of  au  execution  in  favor  of  said  CommonweaUh 
against  said  petitioner,  for  rent  due  from  him  on  account  of 
said  estate. 


CHAP.  CLXXV. 

Resolve  granting  a  Taw  to  the  counties  of  Phjmouth  and 
Dukes^  Counties.     June  10th,  1818. 

WHEREAS  the  Treasurers  of  the  folio  wins;  counties 
have  laid  their  accounts  before  the  Legislature  for  examina- 
tion, which  accounts  have  been  examined  and  allowed  ; 
and  whereas  the  Clerks  of  the  Courts  of  Sessions  for  said 
counties,  have  exhibited  estimates  made  by  said  courts,  of 
the  necessary  charges  which  may  arise  within  the  said 
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  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,  according  to  law,  viz. 

County  of  Plymouth,  four  thousand  one  hundred  >  ^  .  ,^^  ^^ 
and  forty  dollars,  ^  ^  ^'*^"  ^^ 

County  of  Dukes'  County,  seven  hundred  dollars,  700  00 


CHAP.  CLXXVI. 

Resolve  autJiorizin^  the  Treasurer  to  borrow  Money. 
June  lOtli,  1818. 

Resolved,  That  the  Treasurer  of  this  Commonwealth  be, 
and  he  is  hereby  authorized  and  directed  to  borrow  of  any 
of  the  banks  in  Boston,  any  sum  not  exceeding  fifty  thou- 
sand dollars,  that  may  at  any  time,  within  the  present  year, 
foe  necessary  for  the  payment  of  the  ordinary  demands  made 
78 


613        I.  EDUY.-~L.  LEWIS June  10,  1818. 

on  the  treasury ;  and  that  he  pay  any  sum  he  may  borrow, 
as  soon  as  money  sufficient  for  the  purpose,  and  not  other- 
wise appropriated,  shall  be  received  into  the  treasury. 


CHAP.  CLXXVII. 

liesolve  on  the  petition  of  Ihrook  Eddy.    June  10th,  1818. 

On  the  petition  of  Tbrook  Eddy,  Administrator  on  the 
estate  of  Jonathan  Eddy,  setting  forth,  that  the  Agent  for 
Eastern  Lands,  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  fifteen,  made,  by  mistake,  a  deed  of  lot  num- 
bered one,  in  Eddington,  to  the  heirs  of  Robert  Mann  ;  and 
that  the  said  Ibrook  has,  on  that  account,  been  put  to  great 
expense ;  Therefore, 

Resolved,  That  there  be  paid  out  of  the  treasury  of  tliis 
Commonwealth,  to  said  Ibrook  Eddy,  sixty  dollars,  in  full 
for  his  expenses  in  the  premises  ;  and  that  his  Excellency 
the  Governor,  by  advice  of  Council,  be,  and  he  is  hereby 
authorized  and  requested  to  draw  his  warrant  on  the 
Treasurer  of  said  Commonwealth^  in  favor  of  said  Eddy, 
for  the  same. 


CHAP.  CLXXVin. 

Mesolve  on  the  petition  of  Lathrop  Lewis.  June  10th,  1818. 

WHEREAS  by  two  resolves,  passed  the  thirteenth  day 
of  June,  in  the  year  of  our  Lord  one  thousand  eight  hun- 
dred and  seventeen,  "  the  Commissioners  of  the  Land 
Office  were  directed  to  lay  out,  settle,  and  sell  six  town- 
ships of  land,  on  the  St.  John's  Road,  so  called,  leading 
from  Penobscot  River  to  the  easterly  line  of  Maine  :  Also 
two  townships  on  the  road  leading  from  the  north  line  ef 
Bingham's  Kennebec  Purchase  to  the  Canada  line  ;"  and 
moreover,  "  to  survey  and  sell  any  part  of  the  Common- 


L.  LEWIS.— JitHe  10,  1818.  613 

wealth's  lands  within  the  nine  township*?,  on  Penobscot 
River,  to  actual  settlers  ;  provided,  that  not  more  than  five 
hundred  acres  in  a  township,  be  sold  to  any  one  person  or  as- 
sociation :"  And  whereas,  by  the  representation  of  Lathrop 
Lewis,  Esquire,  one  of  said  Commissioners  and  Surveyor 
General,  it  is  manifest,  that  some  further  pecuniary  provi- 
sions of  the  General  Court  are  necessary  to  enable  the 
said  Commissioners  to  meet  the  requirements  of  said  re- 
solves ;  Therefore, 

Resolved,  That  there  be  paid  out  of  the  treasury  of  this 
Commonwealth,  six  hundred  dollars,  to  defray  the  expense 
of  surveying,  into  hundred  acre  lots,  township  numbered 
one,  and  numbered  four,  on  the  St.  John's  Road  ;  and  also 
a  further  sum  of  six  hundred  dollars,  to  defray  the  expense 
of  surveying,  into  one  hundred  acre  lots,  townships  num- 
bered four  in  the  first  range  of  townships,  and  numbered 
four  in  the  second  range  of  townships,  on  the  said  road, 
"from  the  Bingham  Kennebec  Purchase  to  Canada  line  ;'' 
and  that  a  further  sura  of  six  hundred  dollars  be,  and  here- 
by is  appropriated  to  be  paid  out  of  the  public  treasury, 
for  the  purpose  of  quieting  all  the  actual  settlers  already 
on  the  Commonwealth's  lands,  within  said  nine  townships, 
which  said  Commissioners,  for  a  proper  consideration  paid, 
or  secured  to  be  paid,  are  hereby  authorized  to  do,  by  sur- 
veying and  conveying  by  deed  to  each  settler,  such  lots  as 
best  to  include  his  improvements,  regard  being  had  to  a 
general  plan  and  survey  of  a  township  ;  and  for  the  fur- 
ther purpose  of  surveying  within  the  said  nine  townships, 
so  many,  and  such  lots,  as  the  Commissioners  may  judge 
to  be  most  for  the  interest  of  the  Commonwealth  ; 

Resolved.  That  his  Excellency  the  Governor,  by  and 
with  the  advice  of  the  Council,  be,  and  he  is  hereby  author- 
ized and  requested  to  draw  his  warrant  on  the  Treasurer  of 
this  Commonwealth,  in  favor  of  said  Commissi<»ners,  from 
time  to  time,  for  such  sums,  not  exceeding  the  amount  of 
the  three  sums  aforementioned,  as  the  said  Commissioners 
may  request ;  and  said  Commissioners  are  directed  to  make 
a  particular  report  of  their  doings  in  the  premises  to  the 
General  Court,  at  its  next  session. 


614>    W.  NEWTON.— P.  KELLAM.— Ju?ie  11, 1818. 


CHAP.  CLXXIX. 

Mesolve  on  the  petition  of  Willard  JVewton, 
June  11th,  1818. 

On  the  petition  of  Willard  Newton,  of  Southborough,  la 
the  county  of  Worcester,  Esquire,  Executor  of  the  last  will 
and  testament  of  I'ilieah  Sherman,  late  of  Marlborough,  in 
the  county  of  Middlesex,  Esquire,  deceased,  who  was  duly 
authorized  by  the  Supreme  Judicial  Court  of  this  Common- 
wealth, to  sell  and  convey  real  estate  of  said  deceased,  for 
the  payment  of  debts,  &e.  And  whereas  said  Newton,  Ex- 
ecutor, having  complied  with  the  rules  of  law  in  all  re- 
spects, excepting  filing  a  bond  in  the  Probate  OfiRee,  in  the 
county  of  Middlesex,  previous  to  his  making  the  aforesaid 
sales,  as  is  required  by  law  ;  Therefore, 

Resolved,  For  reasons  set  forth  in  said  petition,  that  the 
said  Newton  be,  and  he  hereby  is  authorized  and  empower- 
ed to  file  such  bond  as  he  was  required  to  do  by  law,  in  the 
aforesaid  Probate  Office,  within  sixty  days  from  the  date  of 
this  resolve  ;  and  the  same,  when  so  made  and  filed  as 
aforesaid,  shall  have  the  same  force  and  effect  in  law,  in 
making  good  and  valid  those  deeds  which  the  said  Newton 
made  and  passed,  in  his  capacity  as  Executor,  unto  Daniel 
Stevens,  Moses  Sherman,  Winslow  Barnes,  John  Boyd, 
John  Adams,  and  Nathan  Patch,  as  though  the  bond  had 
been  filed  in  said  office  previous  to  the  aforesaid  sales,  as 
by  law  required. 


CHAP.  CLXXX. 

Resolve  on  the  j^^tition  of  Phineas  ICellamy  and  others. 
June  11th,  1818. 

On  the  petition  of  Susan  Cargill,  and  others, 
Resolved,  For  reasons  set  forth  in  said  petition,  that  Su.- 
san  Cargill,  of  Wiseasset,  in  the  county  of  Lincoln,  Admin- 
istratrix on  the  estate  of  Thomas  M.  Cargill,  late  of  Wis- 


INDIANS.— Jitwe  11,  1818.  615 

casset,  deceased,  be,  and  she  is  hereby  authorized  and 
empowered  to  convey  to  Jane  Cargill,  of  Boston,  a  certain 
piece  of  land  lying  in  Newcastle,  bounded  northerly  on 
land  of  said  Thomas,  westerly  on  Sheepscot  River,  south- 
erly on  land  of  Henry  Cargill,  and  easterly  on  land  of 
William  Cargill,  and  containing  about  eleven  acres  ;  and 
also  to  convey  to  Phiueas  Kellam,  of  Belfast,  merchant, 
another  piece  of  land,  lying  in  said  Newcastle,  and  bound- 
ed as  follows;  northerly  on  marsh,  owned  by  William 
Patterson,  westerly  on  a  ditch,  by  the  upland,  southerly  on 
marsh  of  Henry  Cargill,  and  easterly  on  Sheepscot  River, 
and  containing  about  five  acres  of  valuable  marsh  ;  and  to 
execute  deeds  to  said  Jane  and  Phineas,  their  heirs  and  as- 
signs ;  which  deeds  shall,  in  all  respects,  be  as  good  and 
valid,  as  if  they  had  been  executed  by  said  Thomas,  in  his 
life  time. 


CHAP.  CLXXXI. 

Sesolve  relative  to  the  Christiantown  Indians* 
June  11th,  1818. 

WHEREAS,  by  a  resolve  of  the  General  Court,  passed  on 
the  sixth  day  of  February  last  past,  the  Guardians  of  the  In- 
dians and  their  property,  in  that  part  of  Dukes'  County, 
known  by  the  name  of  Christiantown,  were  required  to 
lodge  in  the  office  of  the  Secretary  of  this  Commonwealth, 
within  three  months  from  the  passing  of  said  resolve,  an 
account  of  all  lands  sold  by  said  Indians,  with  the  consent 
of  said  Guardians,  since  the  passing  of  the  act,  entitled 
*^  An  act  for  the  protection  of  the  Indians  and  their  property, 
in  that  part  of  Dukes'  County  known  by  the  name  of  Chris- 
tiantown ;''  stating  particularly  to  whom  sold,  the  consid- 
eration paid,  to  whvsm  and  in  what  manner  :  And  whereas 
the  said  Guardians  have  not  complied  with  said  requisition. 
Therefore, 

Resolved,  That  his  Excellency  the  Governor  be  request- 
ed to  discharge  the  said  Guardians  from  the  said  trust,  and 
appoint  new  ones  in  their  stead  ;  and  that  the  Attorney  or 


616    D.  SEWALL.— GOV^S.  MES.--Jitne  H,  181$. 

Solicitor  General  be  required  forthwith  to  compel  said  Guar- 
dians to  account  for  all  the  property,  real  and  personal,  of 
which  they  are  or  have  been  possesbed,  in  their  capacity 
aforesaid. 


CHAP.  CLXXXII. 

Resolve  on  the  petition  of  Daniel  Sewall.    June  11th,  1818. 

On  the  petition  of  Daniel  Sewall,  Clerk  of  the  Judicial 
Courts,  and  Register  of  Probate,  for  the  county  of  York, 

Resolved,  For  reasons  set  forth  in  said  petition,  that  the 
said  Daniel  Sewall  be,  and  hereby  is  permitted  to  keep  and 
iiold  his  said  offices  at  Kennebunk,  where  he  now  keeps 
the  same,  so  long  as  he  shall  be  continued  iu  said  offices,  or 
either  of  them,  under  such  regulations  and  restrictions  as 
the  court  exercising  the  power  of  the  Court  of  Sessions  for 
said  county  may  order  and  direct;  any  thing  in  the  resolve 
passed  the  twenty  seventh  day  of  February,  one  thousand 
eight  hundred  and  fifteen,  to  the  contrary  notwithstanding. 


CHAP.  CLXXXIII. 

Governor's  Message.     June  11th,  1818. 

Gentlemen  of  the  Senate^  and 

Gentlemen  of  the  House  of  RepresentativeSy 

By  a  resolve  of  the  Legislature,  passed  on  the  first  day 
of  March,  one  thousand  eight  hundred  aud  fifteen,  the  Gov- 
ernor, with  the  advice  of  Council,  was  authorized  and  re- 
quested to  appoint  an  Agenton  behalf  of  the  Commonwealth, 
for  purposes  mentioned  in  the  resolve,  and  to  draw  his  war- 
rant on  the  Treasurer  f(n'  the  sum  of  two  hundred  dollars,  in 
favor  of  such  Agent,  he  to  be  accountable  for  the  same. 

In  pursuance  of  said  resolve,  George  Herbert,  Esquire, 
of  Ellsworth;  was  appointed  Agent;  and  a  warrant  granted 


OLD  COL.  UECOUBB.^June  11,  1818.        617 

him  for  the  sum  above  mentioned ;  after  which  the  Agent 
proceeded  to  execute  his  duty,  as  prescribed  in  the  resolve; 
and  having,  as  he  presumes,  completed  the  same,  has  made 
a  report  to  me  of  his  doings  in  the  premises,  and  at  the 
same  time  has  rendered  an  account  of  his  expenditures  and 
services  ;  giving  credit  to  the  Commonwealth  for  the  above 
mentioned  sura  of  two  hundred  dollars. 

The  report  of  the  Agent,  and  the  numerous  documents 
connected  with  it,  together  with  his  account  and  sundry 
vouchers,  will  be  laid  tjefore  you  by  the  Secretary. 

J.  BROOKS. 

Council  Chamber f  June  11, 1818. 


CHAP.  CLXXXIV. 

Resolve  respecting  Old  Colony  Records.     June  11th,  1818. 

Resolvedy  That  James  Freeman,  of  Boston,  D.  D.  Sam- 
uel Davis,  of  Plymouth,  and  Benjamin  R.  Nichols,  of  Salem, 
Esquires,  be  a  Committee,  and  that  they  be  and  are  hereby 
authorized  and  empowered  to  copy,  or  cause  to  be  copied 
and  transcribed,  the  records  of  the  late  colony  of  Plymouth, 
or  such  parts  thereof  as  they  may  deem  expedient  ;  and  to 
procure  the  said  copies  to  be  well  bound,  and  deposited  in 
the  office  of  the  Secretary  of  State,  in  Boston,  together  with 
the  abstract  of  the  said  records,  already  prepared  ;  and  the 
said  Committee  are  further  authorized  and  empowered  to 
remove  the  said  books  of  records,  one  or  more  volumes 
at  a  time,  from  Plymouth,  for  the  purpose  of  their  being 
copied  ;  they,  or  any  two  of  them  giving  their  receipt  there- 
for to  the  Register  of  Deeds,  at  Plymouth  ;  and  they  are 
also  authorized  and  empowered  to  procure  the  original  books 
of  records  to  be  bound,  and  put  into  a  proper  state  for  pre- 
servation, if  in  their  opinion  it  is  necessary  ;  and  they  are 
hereby  directed,  after  the  same  shall  be  so  copied  and  pre- 
pared, to  restore  the  same  forthwith  to  the  office  of  the 
Registry  of  Deeds,  ia  the  county  of  Plymouth. 


618      PAYMENT  OF  CLERKS.— Jitne  IS,  1818. 

CHAP.  CLXXXV. 

Resolve  for  payment  of  Clerks^  ^c.    June  12th,  1818. 

Mesolvedf  That  there  be  allowed  and  paid  out  of  the 
public  treasury  to  the  Clerk  of  the  Senate  and  C^lerk  of  the 
House  of  Representatives,  each,  the  sum  of  five  hundred 
and  forty  dollars  ;  and  to  the  Assistant  Clerk  of  the  Senate 
and  Assistant  Clerk  of  the  House  of  Representatives,  each, 
the  sura  of  three  hundred  and  sixty  dollars,  in  full  for  their 
services  for  the  present  political  year ;  one  third  part  of 
the  above  sums  to  be  paid  at  the  end  of  the  first  session, 
and  the  remaining  two  thirds  at  the  end  of  the  last  session 
of  the  Legislature. 


CHAP.  CLXXXVL 

Besolvefor  Compensation  of  Clerks^  in  certain  offices. 
June  12th,  1818. 

Resolved,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  this  Commonwealth,  to  the  first  Clerk  in  the 
Secretary's  Office,  also  to  the  first  Clerk  in  the  Treasurer's 
Office,  also  to  the  first  Clerk  in  the  Adjutant  General's  Of- 
fice, fourteen  hundred  dollars  each,  in  full  compensation 
for  their  services  for  one  year,  from  the  first  day  of  this  cur- 
rent month  of  June;  and  likewise  to  each  of  the  other 
Clerks  in  said  Secretary's,  Treasurer's,  Adjutant  General's 
Offices,  and  also  to  the  Clerk  in  the  Quarter-Master  Gen- 
eral's Office,  three  dollars  and  eighty-four  cents  per  day, 
for  each  and  every  day  they  are  respectively  employed 
therein,  for  one  year  from  the  said  first  day  of  June  current. 
Also  that  there  be  paid  as  aforesaid,  to  Joseph  Foster,  a 
Clerk  in  the  Treasurer's  Office,  the  sum  of  one  hundred 
dollars  and  ninety-six  cents,  in  full  for  extra  services,  to 
the  thirty-first  day  of  May  last,  in  addition  to  his  establish^ 
cd  salary. 


J.  BEMIS.— L.  WALTER.— Jiinc  13,  1818.      619 


CHAP.  CLXXXVII. 

Resolve  on  the  petition  of  Josiah  Bemis  and  George  Stearns. 
June  13th,  1818. 

On  the  representation  of  Josiah  Bemis  and  George 
Stearns,  for  reasons  set  forth  in  their  petition, 

Resolved^  That  there  be  allowed  and  paid  out  of  the 
treasury  of  this  Commonwealth,  to  Josiah  Bemis  and  George 
Stearns,  the  sum  of  two  hundred  and  eighteen  dollars  and 
sixty-two  cents,  in  full  for  their  claim  for  damage  sustained 
by  them,  bj-  reason  of  a  fire  at  the  State  Prison,  in  Charles- 
town,  and  in  full  for  blocks,  tackle  and  stones,  taken  by 
the  Warden  of  said  prison  for  the  use  of  the  Commonwealth  ; 
and  that  his  Excellency  the  Governor,  with  advice  of  Coun- 
cil, be  requested  to  draw  his  warrant  on  the  Treasurer  ac- 
cordingly. 


CHAP.  CLXXXVIII. 

Resolve  authorizing  L.  Walter  to  sell  certain  Real  Estate. 
June  12th,  1818. 

Upon  the  petition  of  Lynde  AV" alter,  executor  of  the  last 
will  and  testament  of  William  Walter,  late  of  Boston,  in 
the  county  of  Suffolk,  merchant,  deceased,  praying  that  he 
or  some  suitable  person  may  be  authorized  and  empowered 
to  make  sale  of  certain  real  estate  of  said  deceased,  describ- 
ed in  said  petition,  and  apply  the  proceeds  thereof  to  the 
payment  of  his  just  debts  ; 

Resolved,  That  for  the  reasons  stated  in  said  petition,  the 
said  Lynde  Walter  be,  and  he  is  hereby  authorized  and 
empowered  to  sell,  at  public  auction,  the  real  estate  of  said 
deceased,  described  in  said  petition,  to  wit ;  one  undivided 
moiety  or  half  part  of  a  certain  piece  or  parcel  of  land,  situ- 
ate  in  Salem  Street,  at  the  northerly  part  of  said  Boston, 
bounded  as  follows, viz.  north-westerly  on  said  Salem  Street, 
there  measuring  forty  feet ;  north-easterly  on  land  now  or 
late  of  Nathaniel  Baker  and  Samuel  Clark,  there  measur- 
79 


620  LOVELL  BARNES.— J«7ie  12,  1818. 

ins;  eighty-two  feet ;  south-easterly  on  laud  now  or  late  of 
Timothy  Thorutou  aud  Mr.  Perrigo,  there  measuring  forty 
feet :  aud  south- westerly  on  laud  bclonsiius;  to  Christ's 
Church,  there  measuring  eighty. two  feet  :  And  one  undi- 
vided moiety  of  a  certain  other  piece  or  parcel  of  land, 
situated  in  Fish  Street,  at  the  northerly  part  of  said  Bos- 
ton, being  the  same  that  was  conveyed  to  the  said  deceased 
by  Eber  Lawrence,  by  deed,  dated  June  ninth,  A.  D.  one 
thousand  ei2;ht  hundred  aud  two,  and  recorded  in  the  Reg- 
istry of  Dee7!s  for  the  county  of  Suffolk,  lib.  201,  folio  126. 
Also,  one  undivided  moiety  of  a  certain  piece  or  parcel  of 
land,  situated  in  Fish  Street  and  Sun  Court,  at  the  north- 
erly part  of  said  Boston,  being  the  same  which  was  con- 
veyed to  said  deceased  by  Thomas  Walter,  Nathaniel 
Smith,  M.  L.  Smith.  Harriet  T.  Walter,  and  A.M.  Wal- 
ter.  by  deed,  dated  June  twenty-ninth,  A.  D.  one  thousand 
eight  hundred  and  one,  and  recorded  in  the  Registry  of 
Deeds  for  the  county  of  Suffolk,  lib.  198,  folio  46.  reference 
to  the  same  deeds  being  had  will  fully  appear  ;  and  to 
make  and  execute  to  the  purchaser  or  purchasers  thereof  a 
good  and  sufficient  deed  or  deeds  of  conveyance  for  the 
same  ;  which  being  acknowledged  before  a  Justice  of  the 
Peace,  and  recorded  in  the  Registry  of  Deeds  for  the  coun- 
ty of  Suffolk,  where  the  laud  lies,  shall  be  good  and  suffi. 
cient  to  pass  to  the  purchaser  or  purchasers,  his  or  their 
heirs  or  assigns,  all  the  right,  title  and  interest  the  deceased 
Lad  in  and  to  the  same  :  the  said  Lynde  Walter  to  post  no- 
tifications thirty  days  before  the  sale,  and  to  account  for  the 
proceeds  thereof  with  the  Judge  of  Probate  for  the  county 
of  Suffolk,  to  give  bond,  and  be  under  oath  according  to  the 
rules  and  directions  of  law  for  the  sale  of  real  estates  by 
executors  or  administrators. 


CHAP.  CLXXXIX. 

Resolve  on  petition  of  Lo veil  Barnes.     Jane  12th,  1818. 

On  the  petition  of  Lovell  Barnes,  of  Marlborough,  in  the 
county  of  Middlesex,  Esquire,  stating  that  he  is  Guardian 
of  Artemas  Bigelow,  Levi  Bigelow,  Adeline  Bigelow,  Lu- 


TREASURY  ACCOUNTS.— Juwe  12,  1818.      621 

ther  Bigelow,  William  Eigelow,  and  Jotbam  Bigelow, 
children  and  heirs  at  law  of  William  Bigelow,  late  of  said 
Marlborough,  gentleman,  deceased,  intestate  ;  that  be  was 
duly  empowered  by  the  Supreme  Judicial  Court  of  said 
Commonwealth,  for  the  benefit  of  said  minors,  to  sell  and 
pass  deeds  to  convey  six  undivided  tenth  parts  of  three 
several  parcels  of  land  in  Marlborough,  one  belonging  to 
each  of  them,  all  which  they  held  in  common,  and  to  ob- 
serve the  directions  of  the  law  for  such  case  provided  in 
all  respects  in  said  sale  ;  that  the  said  Barnes  complied 
•with  all  the  provisions  of  the  law,  except  that,  being  igno- 
rant that  the  law  required  him  to  post  a  notification  of  the 
sale,  in  the  shire  town  of  the  county,  he  neglected  so  to  do  : 
That  pursuant  to  the  authority  of  said  court,  the  said  Barnes 
sold  at  public  vendue  and  conveyed  by  deed,  six  undivided 
tenth  parts  of  said  land,  in  several  lots,  to  the  following 
purchasers,  they  being  the  highest  bidders ;  viz.  Sylvanus 
Hovr,  Amos  Sawyer,  Christopher  B.  Bigelow,  Benjamin 
How,  Moses  Barnes,  and  Winslow  How  ;  and  praying 
that  the  deeds  of  conveyance,  by  him  executed,  to  said 
purchasers,  may,  by  resolve  of  this  General  Court,  be  ren- 
dered as  good  and  effectual  in  law,  to  convey  the  rights 
and  interests  of  said  minors,  in  said  laud,  as  if  the  provi- 
sions of  the  law  had  been  in  all  respects  complied  with ; 

Resolved,  For  reasons  set  forth  in  said  petition,  that  the 
deeds  therein  mentioned,  shall  be  as  good  and  effectual  in 
law,  to  all  intents,  to  pass  and  convey  all  the  right  and 
interest  which  the  said  minors  had  in  said  land,  to  the  said 
purchasers,  as  if  the  requisitions  of  the  law  had  been  com- 
plied with,  by  posting  notifications  of  the  sale,  in  the  shire 
town  of  the  county. 


CHAP.  CXC. 

Resolve  ajpjpomiing  a  Committee  to  examine  the  Treasur- 
er's Jiccoiints.     June  12th,  1S18. 

Resolved,  That  the  Honorable  Messrs.  Bcrais  and  Ritchie 
of  the  Senate,  and  ^Messrs.  Greeuleaf,  Codman,  and  Rantoul 
be,  and  they  hereby  are  appointed  Commissioners  to  exam- 


633  SCHOOL  FUNDS.— June  12,  1818, 

ine,  liquidate,  adjust,  and  settle,  the  accounts  of  Daniel 
Sargent,  Esquire,  Treasurer  and  Receiver  General  of  this 
Commonwealth,  from  the  seventh  day  of  June,  one  thousand 
eight  hundred  and  seventeen,  the  time  of  his  entering  on 
the  duties  of  his  office,  to  the  thirteenth  day  of  June  instant, 
inclusively ;  and  the  said  Commissioners  are  directed  and 
empowered  to  deface  all  notes  and  due  bills,  orders,  or  other 
obligations,  issued  under  the  authority  of  this  (  ommon- 
wealth,  by  any  officer  thereof,  which  have  been  redeemed 
by  the  Treasurer,  or  his  predecessors  ;  and  to  report  their 
proceedings  at  the  next  session  of  the  General  Court. 


CHAP.   CXCI. 

Resolve  resj^ecting  Elliot  School  Funds,    June  12th,  1818. 

WHEREAS  the  Trustees  of  Elliot  School,  in  Roxbury, 
hold,  in  their  said  capacity,  two  certain  pieces  of  salt  marsh, 
in  said  Roxbury,  which,  from  the  contemplated  works  of 
the  Boston  and  Roxbury  Mill  Corporation,  will  become  of 
little  or  no  value  to  said  school,  unless  said  Trustees  are 
authorized  and  empowered  to  dispose  of  the  same  :  And 
whereas  the  said  corporation  have  agreed  to  purchase  said 
pieces  of  marsh,  at  the  price  of  one  thousand  dollars,  and 
said  Trustees  have  petitioned  for  a  resolve,  to  authorize  and 
empower  them  to  sell  and  convey  the  same  to  the  said  cor- 
poration,  for  the  consideration  aforesaid  ;  Therefore, 

Resolved,  That  the  Trustees  of  Elliot  School  be,  and 
they  are  hereby  fully  authorized  and  empowered  to  sell 
and  convey  unto  the  Boston  and  Roxbury  Mill  Corpora- 
tion, in  fee,  for  the  sum  of  one  thousand  dollars,  the  two 
certain  pieces  or  parcels  of  salt  marsh,  situated  in  said 
Roxbury,  and  severally  bounded  and  containing  as  follows, 
to  wit ;  one  piece  containing  two  acres,  two  quarters 
and  one  rod,  and  bounded  northwardly  on  land  late  of 
Solomon  May,  deceased ;  eastwardly,  partly  on  land  of 
said  May,  and  partly  on  land  belonging  to  the  heirs  of 
Ralph  Smith,  deceased;  southwardly  on  a  creek 5  and 
westwardly  on  land  of  Captain  Joseph  Williams.    The 


STATE  HOUSE— Jitwe  IS,  1818.  6S3 

other  piece  containing  one  acre,  one  quarter  and  twenty 
rods,  and  bounded  southwardly  and  westwardly  by  Cam- 
bridge Bay,  or  Tide  Mill  Creek,  so  called ;  northwardly 
and  eastwardly  on  land  of  Captain  Joseph  Williams  ;  pro- 
vided said  sum  of  one  thousand  dollars,  shall  be  invested, 
according  to  the  discretion  of  said  Trustees,  in  other  real 
estate,  or  loaned  on  interest,  with  mortgage  of  real  estate, 
as  collateral  security ;  and  the  income  thereof  be  appropri- 
ated, in  future,  to  the  support  of  said  Elliot  School. 

Be  it  further  resolved.  That  a  deed  from  said  Trustees 
to  said  corporation,  containing  the  necessary,  legal  and 
proper  words  of  conveyance,  to  pass  an  estate  in  fee  sim- 
ple, executed  in  the  manner  prescribed  in  the  tenth  section 
of  the  act  incorporating  the  Trustees  of  Elliot  School,  pass- 
ed the  ninth  day  of  March,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  four,  shall,  to  all  intents  and 
purposes,  be  good  and  valid  in  law,  to  pass  the  estate  of 
the  Trustees  of  Elliot  School,  in  the  land  in  the  preceding 
section  mentioned  and  described,  unto  the  Boston  and  Rox- 
bury  Mill  Corporation. 


CHAP.  CXCII. 

JResolve  providing  for  Repairing  the  State  House, 
June  12th,  1818. 

Resolved,  That  the  Governor,  with  the  advice  of  the 
Council,  be,  and  hereby  is  authorized  and  empowered, 
from  time  to  time,  to  make  such  repairs  to  the  State  House 
as  shall  be  found  necessary,  and  to  draw  a  warrant  upon 
the  Treasurer  of  the  Commonwealth,  for  a  sum  not  exceed- 
ing three  thousand  dollars,  to  defray  the  expenses  of  such 
repairs. 


6m      J.  KUHN.— W.  LOCK,  &c.— Jajze  13,  1818. 


CHAP.  CXCIII. 

Mesolte  granting  Compensation  to  George  Herbert. 
June  12th,  1818. 

Resolved,  That  there  be  allowed  and  paid  out  of  the 
treasury,  to  George  Herbert,  Esquire,  Agent  in  behalf  of 
the  Commonwealth,  on  the  subject  of  the  lands  mortgaged 
by  the  late  Leonard  Jarvis,  Esquire,  under  an  appointment 
pursuant  to  a  resolve  of  first  March,  one  thousand  eight 
hundred  and  fifteen,  the  sum  of  four  hundred  and  fifty  dol- 
lars on  account  of  his  disbursements  and  services  in  the 
duties  of  said  agency,  for  which  he  shall  be  accountable  in 
the  final  settlement  of  his  accounts. 


CHAP.  CXCIV. 

Resolve  making  allowance  to  Jacob  ICuJin^for  tlie  purchase 
^'Fiielf  i^c.     June  12th,  1818. 

Resolved,  That  there  be  paid  out  of  the  treasury  of  this 
Commonwealth,  to  Jacob  Kuhn,  Messenger  of  the  General 
Court,  the  sum  of  one  thousand  dollars,  to  enable  him  to 
purchase  fuel,  and  such  other  articles  as  may  be  necessary 
for  tlie  use  of  the  General  Court,  together  with  the  Gover- 
nor and  Council  Chamber,  the  Secretary's,  Treasurer's, 
Adjutant  General's  and  Quarter-Master  General's  offices, 
and  also  the  Land  Office  ;  he  to  be  accountable  for  the  ex- 
penditure of  the  same. 


CHAP.  CXCV. 

Resolve  in  favor  of  Ward  Lock  and  W,  Chase. 
June  12th,  1818. 

Resolved,  That  there  be  allowed  and  paid  from  the 
treasury  of  this  Commonwealth,  unto  Ward  Lock.  Assist- 
ant to  the  Messenger  of  the  Governor  and  Council;  two 


COM.  ON  ACCOUNTS,  kc^Jime  i%  1818.   625 

dollars  and  fifty  cents  for  each  day  lie  has  heen,  or  may  be 
employed  in  that  capacity^  during  the  present  session  of 
the  Council :  And  also  that  there  be  allowed  and  paid  to 
Warren  Chase,  Assistant  to  the  Messenger  of  the  General 
Court,  forty. seven  dollars,  in  full  for  his  services  to  the 
present  time. 


CHAP.  CXCVI. 

Resolve  for  an  Allowance  to  the  Committee  on  Accounts. 
June  12th,  1818. 

Jlesolved,  That  there  be  allovred  and  paid  to  the  Com- 
mittee on  Accounts,  one  dollar  per  day  over  and  above  their 
pay  as  members,  for  the  present  session,  to  wit ;  Honorable 
Oliver  Crosby,  seventeen  days,  seventeen  dollars  ;  Honor- 
able James  Howland,  2d,  ten  days,  ten  dollars  ;  Alford 
Richardson,  Esquire,  seventeen  days,  seventeen  dollars  ; 
Samuel  Porter,  Esquire,  seventeen  days,  seventeen  dollars  5 
John  Howe,  Esquire,  fifteen  days,  fifteen  dollars. 


CHAP.  CXCVII. 

Resolve  in  favor  of  Thomas  Walcntt,    June  12th,  1818. 

Resolved,  That  there  be  allowed  and  paid  to  Thomas 
Walcutt,  a  Clerk  in  the  lobbies,  for  the  assistance  of  the 
members  of  the  Legislature,  seventy-five  dollars,  in  full  for 
his  services  during  the  present  session  of  the  Greneral  Court. 


636        JOSEPH  H.  PIERCE.— JMwe  13, 1818. 


CHAP.  CXCVIII. 

Mesolve  to 'pay  the  Messengpr  to  the  General  Court, 
June  13th,  1818. 

'Resolved,  That  in  lieu  of  the  compensation  now  allowed, 
there  be  allowed  and  paid  out  of  the  public  treasury,  to  Ja- 
cob Kuhn,  in  full  for  his  services  as  Messenger  to  the  Gen- 
eral Court,  and  for  his  care  of  the  State  House,  and  all 
other  services  rendered  by  him,  (except  those  for  which 
compensation  is  made  by  a  resolve,  passed  October  nine- 
teenth, one  thousand  eight  hundred  and  fourteen,)  for  the 
year  commencing  thirtieth  day  of  May  last,  one  thousand 
dollars,  payable  quarter  yearly  ;  and  his  Excellency  the 
Governor,  with  advice  of  Council,  is  requested  to  draw  his 
warrant  accordingly. 


CHAP.  CXCIX. 

Mesolve  making  Compensation  to  Joseph  H,  Pierce, 
June  13th,  1818. 

llesolvedf  That  in  full  for  compensation  and  expenses  for 
preparing  and  arranging  papers  and  documents,  fur  the 
transportation  of  the  same,  for  clerk  hire,  printing  reports, 
and  sundry  incidental  expenses,  and  proceeding  to  VVash- 
ington,  and  attending  to  the  claim  of  the  Commonwealth 
against  the  United  States  ;  there  be  allowed  and  paid  to 
Joseph  H.  Pierce,  Esquire,  the  sum  of  one  thousand  and. 
seventy-five  dollars  and  four  cents ;  and  that  his  Excellen- 
cy the  Governor  be,  and  he  is  hereby  authorijzed  to  draw 
his  warrant  accordingly. 


J.  NELSON  AND  OTHERS.— Jw^ie  IS,  1818.     627 

CHAP.  CC. 

Resolve  on  the  several  petitions  of  Jonathan  JVelson,  James 
Mitchell,  Klisha  Douglas^  James  JJaniels,  and  Melinda 
Taylor.     June  Igth,  1818. 

Resolved,  For  the  reasons  set  forth  in  his  petition,  and 
the  evidence  offered  in  support  of  the  same,  that  there  be 
granted  and  paid  out  of  the  treasury  of  this  Commonwealth, 
to  Ensign  Jonathan  Nelson,  of  Palermo,  in  the  county  of 
Lincoln,  the  sum  of  one  hundred  dollars,  in  full  compensa- 
tion for  the  expenses  and  loss  of  time  to  which  he  was  sub- 
jected by  reason  of  the  wounds  he  received  on  the  first  Tues- 
day of  May,  A.  D.  one  thousand  eight  hundred  and  six- 
teen, while  doing  duty  in  the  north  company  of  militia  of 
said  town. 

Be  it  further  resolved,  For  the  reasons  set  forth  in  his 
petition,  and  the  evidence  offered  in  support  of  the  same, 
that  there  be  granted  and  paid  out  of  the  treasury  of  this 
Commonwealth,  to  James  Mitchell,  of  Arundel,  in  the  coun- 
ty of  York,  the  sum  of  twenty  dollars,  in  full  compensa- 
tion for  the  loss  of  time  he  suffered  from  a  wound  he  received 
while  doing  duty  in  the  militia,  at  a  regimental  muster, 
twenty  sixth  September,  A.  D.  one  thousand  eight  hundred 
and  sixteen. 

Be  it  further  resolved,  For  the  reasons  set  forth  in  his 
petition,  and  the  evidence  offered  in  support  of  the  same, 
that  there  be  granted  and  paid  out  of  the  treasury  of  this 
Commonwealth,  to  Elisha  Douglas,  of  Lee  Plantation,  in 
the  county  of  Hancock,  the  sum  of  forty  dollars  a  year,  for 
four  years,  if  said  Douglas  shall  live  so  long,  to  commence 
on  the  first  day  of  September  next,  on  account  of  wounds 
lie  received  in  a  skirmish  with  the  British  troops,  at  Hamp- 
den, in  September,  A.  D.  one  thousand  eight  hundred  and 
fourteen. 

Be  it  further  resolved.  For  the  reasons  set  forth  in  his  pe- 
tition, and  the  evidence  offered  in  support  of  the  same,  that 
there  be  granted  and  paid  out  of  the  treasury  of  this  Com- 
monwealth, to  James  Daniels,  ofMedway,  in  the  county  of 
Norfolk,  during  his  life,  the  sum  of  one  hundred  dollars  a 
year,  commencing  on  the  third  day  of  October,  \jthich  was 
in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
sixteen,  the  time  when  said  Daniels,  while  doing  duty  in 
80 


628         CLAIMS  OF  MASSAC  HIT.— Jitt^e  Ig,  1818. 

the  railitiaj  at  a  brigade  inspection  and  review,  received  a 
severe  wound  in  the  head,  by  which  his  sight  was  utterly 
destroyed. 

JInd  be  it  further  resolved^  For  reasons  set  forth  in  her 
petition,  and  the  evidence  oifered  in  support  of  the  same, 
that  there  be  granted  and  paid  out  of  the  treasury  of  this 
Commonwealtli,  to  Meliiida  Taylor,  of  Granville,  in  the 
county  of  Hampden,  the  sum  of  sixty  dollars  ;  her  late  hus- 
band, George  'I  aylor,  junior,  while  a  soldier  in  the  detached 
militia,  and  doing  duty  in  Colonel  Enos  Foote's  regiment, 
stationed  at  Commercial  Point,  in  the  fall  of  one  thousand 
eight  hundred  fourteen,  having  been  taken  sick,  and  died, 
at  Worcester,  on  his  return  home  ;  and  that  his  Kxccllency 
the  Governor  be,  and  hereby  is  requested  to  draw  his  war- 
rants on  the  treasurer  for  the  payment  of  all  the  aforesaid 
sums  to  the  persons  to  whom  they  are  hereby  granted,  at 
such  times  as  may  be  necessary. 


CHAP.  CCI. 

Resolve  Tesjieci'mg  tlie  Claim  of  the  Commonwealth  against 
the   United  States.     June  ISth,  1818. 

THE  Committee  to  whom  was  referred  the  communica- 
tion from  his  Excellency  the  Governor,  relative  to  the  claim 
of  the  State  of  Massachusetts,  against  the  United  States 
for  the  services  of  the  militia  of  the  state,  and  for  expen- 
ditures during  the  late  war,  respectfully  report : 

That  in  pursuance  of  a  resolve  of  the  Legislature,  passed 
June,  eighteen  hundred  and  seventeen,  instructing  the  Sen- 
ators, and  requesting  the  Representatives  of  the  State  in 
Congress,  to  present  to  the  Government  of  the  United  States, 
the  claim  aforesaid,  for  the  purpose  of  procuring  an  adjust- 
ment thereof,  and  of  all  accounts  connected  therewith,  and 
for  the  payment  of  the  balance  due  thereon  ;  the  said  Sena- 
tors and  Representatives  in  attending  to  the  duty  confided  to 
them,  at  the  late  session  of  Congress,  presented  the  subject 
to  the  consideration  of  the  National  Legislature  ;  which  re- 
ceived and  sustained  the  same,  so  far,  as  in  the  House  of 
Kepresentatives  to  appoint  a  very  respectable  committee  to 


CLAIMS  OF  MASSAC HU.—J«Ke  12,  1818.     629 

consider  and  report  thereon  ;  and  that  an  able  and  lucid 
re[)(»rt,  which  the  committee  now  ask  leave  to  subjoin,  was 
made  thereon  in  the  words  following,  to  wit : 

"  The  committee  to  whom  was  referred  the  resolution 
'  relating  to  the  claims  of  Massachusetts,  for  expenditures  of 
their  militia,  for  services  during  the  late  war,  respectfully 
report  : 

*^  That  the  claims  of  the  State  of  Massachusetts  are  for 
the  reimbursement  of  expenditures  made  by  her,  for  the 
militia  employed  in  the  defence  of  the  country,  during  the 
late  war,  and  for  incidental  expenses.  A  portion  of  her 
claims  for  monies  advanced  for  these  purposes,  has  been 
admitted  and  paid  by  the  Department  of  War.  But  the 
accounts  and  vouchers  for  the  residue,  are  excluded  from 
an  examination  by  that  department,  under  a  construction  of 
the  laws  relative  to  the  subject,  adopted  by  the  Executive 
Government.  At  the  commencement  of  the  late  war,  the 
United  States  were  divided  into  military  districts  ;  to  the 
command  of  which,  an  officer  was  assigned.  And  by  the 
principles  established  for  the  admission  and  settlement  of 
claims. for  the  services  of  militia,  the  allowance  of  such  as 
have  not  arisen  for  detachments  made  upon  the  requisitions 
of  this  officer,  and  actually  received  by  him,  and  put  under 
his  command,  is  conceived  by  the  Executive  to  <'  lie  be- 
yond its  authority.''  "And  any  claim"  (in  the  language 
of  the  late  Secretary  of  War)  "  which  a  state  may  have  to 
reimbursement,"  (for  other  services  of  its  militia)  '*  must  be 
judged  of  by  the  competent  authority,  on  a  full  view  of  all 
the  circumstances  of  the  case."  The  claims  in  question, 
upon  a  statement  of  their  general  outlines,  made  by  the 
Agents  of  Massachusetts  to  tiie  Department  of  War,  are 
not  considered  as  warranted  by  a  literal  conformity  to  the 
above  mentioned  principles,  inasmuch  as  it  does  not  appear 
that  the  portion  of  militia,  whose  services  and  expenses 
are  the  foundation  of  the  demand,  were  formally  received 
by  the  commander  of  the  military  district,  or  placed  under 
his  actual  command.  The  claimants  insist,  that  the  causes 
which  prevented  the  most  literal  compliance  with  tlie  exec- 
utive arrangements,  in  every  instance,  are  susceptible  of  a 
clear  and  satifaetory  explanation  ;  and  that  there  was,  in 
fact,  a  substantial  conformity  to  the  orders  and  views  of 
the  General  Government,  on  all  occasions  ;  and  a  zealous 
co-operation  with  its  officers  in  the  measures  of  defence  ; 


630     CLAIMS  OF  MASSACHU.— Jwne  12, 1818. 

the  troops  of  the  state  having  been,  in  some  instances, 
yielded  to  the  command  of  the  United  States'  officers :  and 
in  all,  placed  in  a  state  of  readiness  to  be  transferred  to 
their  command  in  season  for  any  emergency. 

"  Congress,  then,  is  the  only  authority  competent  to 
^  judge,  upon  a  full  view  of  all  the  circumstances,'  of  the 
merits  of  the  claim,  or  to  authorize  some  department  or  ju- 
diciary to  take  cognizance  of  il;,  for  the  purpose  of  exam- 
ination and  decision  :  And  it  thus  becomes  necessary  to 
exhibit  a  general  view  of  sucli  principal  facts  as  may  con- 
tribute to  aid  the  investigation. 

^^  The  services,  for  which  reimbursement  is  claimed, 
commenced,  with  inconsiderable  exceptions,  in  July,  one 
thousand  eight  hundred  and  fourteen,  and  terminated  in 
the  autumn  of  that  year ;  and  transactions  prior,  have  no 
apparent  relation  to  the  subject  of  this  claim.  Tliose 
prior  circumstances  have  reference  to  a  law  of  the  United 
States  passed  in  April,  one  thousand  eight  hundred  and 
twelve,  and  to  the  orders  from  the  Executive,  founded  on 
that  law,  which  having  expired  in  April,  one  thousand 
eight  hundred  and  fourteen,  all  orders  issued  on  that  basis, 
"which  were  unexecuted,  of  course  became  obsolete.  And 
from  April,  one  thousand  eight  hundred  and  fourteen,  to 
July  following,  there  appeared  to  have  been  in  existence 
no  orders  or  requisitions  of  the  Executive  Government  of 
the  United  States  affecting  the  Militia  of  Massachusetts. 

<'  A  brief  narration,  however,  of  facts  antecedent  to 
that  period,  accompanied  by  documents  in  support  of  its  ac- 
curacy, may  conduce  to  a  more  ready  and  perfect  under- 
standing of  the  subject. 

"It  appears,  that  so  early  as  June,  one  thousand  eight 
hundred  and  twelve,  prior  to  the  declaration  of  war,  the 
Secretary  of  War,  by  order  of  the  President,  called  upon 
the  executive  of  Massachusetts  to  detach,  on  the  roquisitioa 
of  Major  General  Dearborn,  such  part  of  the  militia,  as  he 
might  think  necessary  for  the  defence  of  the  sea  coast  ;  in 
consequence  of  which,  that  officer  required  a  detachment 
of  forty. one  companies. 

"  An  opinion  being  at  this  time  entertained  by  the  Gov- 
ernor  of  Massachusetts,  that  no  danger  of  invasion  existed  ; 
and  that  under  such  circumstances,  the  militia  ought  not  to 
be  placed  at  the  disposal  of  an  officer  of  the  United  States, 
Jiaviug  himself  few  or  no  troops  under  his  command;  with 


CLAIMS  OF  MASSACHU.— .rw)2e  12, 1818.     631 

the  advice  of  his  council,  required  the  opinion  of  the 
Judges  of  the  Supreme  Court  on  those  two  questions. 
Their  opinion  confirmed  his  construction  of  the  constitution, 
and  his  reasons  for  declining  a  compliance  with  the  requi- 
sitions were  signified  to  the  Secretary  of  VV^ar  hy  letter, 
August  fifth,  one  thousand  eight  hundred  and  twelve. 

^'  JEvents  proved,  that  no  danger  of  invasion  existed  at 
that  period,  and  no  detrimental  consequence  resulted  from 
this  collision  of  opinion,  between  the  Executive  of  the  United 
States,  and  of  Massachusetts. 

''  The  detachment  required  (though  no  doubt,  provident- 
ly intended.)  would  have  caused  great  inconvenience  to  the 
militia,  and  needless  expense  to  the  United  States  ;  and 
have  impaired,  instead  of  strengthening  the  measures  of  de- 
fending the  sea  coast,  as  parts  of  the  force  must  have  been 
withdrawn  from  some  districts  to  protect  others,  while  the 
whole  was  exposed,  and  the  forces  of  the  state  were  in  uni- 
versal readiness  to  defend  their  homes,  and  to  march  upon 
the  shortest  notice. 

*'  It  is  alleged  by  the  claimants,  that  the  opinions  of  tlie 
Executive,  and  of  the  highest  tribunal  of  the  state,  formed 
upon  great  deliberation,  and  on  a  solemn  occasion,  must  at 
least  be  considered  as  proceeding  from  an  honest  conviction, 
in  whatever  estimation  their  correctness  may  be  held.  And 
in  confirmation  of  this  position,  reliance  is  placed  upon  the 
fact,  that  immediately  upon  the  foregoing  requisition,  orders 
were  issued  by  the  Executive  of  Massachusetts,  ^  for  plac- 
ing the  militia  in  the  most  eifective  possible  state,'  and  ap- 
prising them,  *  that  in  case  of  invasion,  or  imminent  danger 
thereof,  they  were  to  march  without  delay,  and  when  in  the 
service  of  the  United  States,  to  be  placed  under  the  orders 
of  the  President  thereof.' 

^^  This  order  was  sent  the  same  day  it  was  issued,  to  Major 
General  Dearborn  ;  and  shortly  after  this,  a  body  of  militia, 
consisting  of  three  companies,  was  placed  in  the  service  of 
the  United  States,  at  Eastport,  on  the  frontier,  under  the 
orders  of  General  Boyd. 

"These  suggestions  and  facts  might  be  entitled  toafair  and 
deliberate  consideration,  if  the  doctrines  maintained  by  tlia 
state  authorities  had  continued  to  influence  its  proceedings, 
at  the  period  to  which  the  present  claim  relates  ;  at  which 
time,  in  the  view  taken  of  the  subject  by  the  committee,  cir- 
cumstances had  so  changed,  that  those  opinions,  though 


6B2      CLAIMS  OF  M AS SACHU.— June  13, 1818. 

never  formally  renounced,  do  not  appear  to  have  furnished 
the  rule  of  conduct  of  the  government  of  Massachusetts. 
If  this  view  should  he  sanctioned  as  correct,  it  will  follow, 
as  already  intimated,  that  all  these  preceding  constitutional 
douhts  and  expositions,  and  the  measures  and  motives  con- 
nected with  them,  may  be  excluded  from  this  inquiry. 
On  the  fourth  of  July,  one  thousand  eight  hundred  and 
fourteen,  (the  law  of  April,  one  thousand  eight  hundred  and 
twelve,  and  all  orders  emanating  from  it  in  Massachusetts, 
having  become  functi  officio)  a  general  requisition  was  is- 
sued by  the  Secretary  of  War  to  the  State  Executives  (under 
the  laws  of  February,  one  thousand  seven  hundred  and 
ninety-five,  and  eighteenth  of  April,  one  thousand  eight 
hundred  and  fourteen)  to  hold  in  readiness  ninety-live 
thousand  men  ;  and  on  the  eighth  of  the  same  month,  a  re- 
qnisition  was  made  by  General  Dearborn  upon  the  Execu- 
tive of  Massachusetts,  for  a  detachment  of  one  thousand 
one  hundred  men.  This  requisition  was  immediately  com- 
plied with  ;  the  men  were  placed  under  his  actual  command, 
and  the  claims  for  their  services  have  not  been  disputed. 

*^This  is  considered  by  the  claimants,  (and,  as  the  com- 
mittee conceive,  with  justice)  as  constituting  a  new  epoch  in 
the  relations  between  the  government  and  state,  to  which 
all  the  posterior  measures  ought  to  be  referred. 

<*  On  the  fifth  of  September,  one  thousand  eight  hundred 
and  fourteen,  another  requisition  was  made  by  Major  Gen- 
eral Dearborn,  for  four  thousand  six  hundred  and  fifty  men, 
exclusive  of  officers.  Of  these  it  was  his  object  to  station 
two  thousand  two  hundred  for  the  defence  of  Boston,  one 
thousand  one  hundred  for  Portland,  one  thousand  one  hun- 
dred for  Kennebec,  and  two  hundred  and  fifty  for  York. 
On  the  sixth  of  that  month  a  general  order  was  issued  by  Gov- 
ernor Strong,  comprehending  preparations  more  extensive 
than  General  Dearborn  at  that  time  required.  On  the  seventh 
of  that  month,  the  Governor  writes  to  the  Secretary  of  War, 
enclosing  him  the  order,  and  reminding  him  that  he  had 
lately  detached  one  thousand  one  hundred  men,  at  the  re- 
quest of  General  Dearborn,  but  that  such  objections  and 
inconveniencles  had  arisen  from  that  measure,  that  it  could 
not  then  be  repeated  ;  and  that  the  militia,  called  out  on 
this  occasion,  would  be  placed  under  the  command  of  a 
major  general  of  the  militia.     To  this  communication,  the 


CLAIMS  OF  MASSACHU.— JTitwe  12,  1818.     633 

letter  from  the  Secretary  of  War,  of  September  seventeenth, 
one  thousand  eight  hundred  and  fourteen,  is  an  answer. 

*•  These  facts  present  to  view,  the  question  principally 
affecting  the  claim.  Were  the  objections  and  inconvenien- 
cies  alluded  to  by  the  government  of  Massachusetts  in  the 
last  mentioned  letter,  real,  or  pretended  ?  Did  they  arise 
from  a  disposition  to  enforce  the  opinions  avowed  two  years 
before,  or  from  causes  altogether  independent  of  these  opin- 
ions, and  for  which  that  government  was  not  responsible? 

"  If  these  difficulties  were  altogether  imaginary,  and  the 
fruit  of  a  determination  to  contravene  the  authority  of  the 
United  States  over  the  militia,  it  would  seem  to  be  just 
that  the  state  should  defray  its  own  expenses.  But  if  the 
constitutional  objections,  formerly  relied  upon,  were  at  the 
time,  not  only  waved,  but  a  sincere  desire  for  co-operation 
with  the  government  of  the  United  States  in  the  defence  of 
the  state,  was  manifested  by  the  adoption  of  the  most  effect- 
ual measures  ;  and  if  the  deviations  from  the  established 
arrangements  of  the  national  government  were  both  merely 
formal  and  justifiable,  under  the  pressure  of  the  emergency, 
the  claim  would  be  relieved  from  all  objections,  which  op- 
pose the  reference  of  it  to  the  proper  department  for  settle- 
ment, upon  equitable  principles. 

*'  Various  considerations  and  facts,  connected  with  the 
transactions  of  this  period,  will  be  found  conducive  to  a 
just  decision  on  this  question.  And  in  the  first  place,  there 
seems  to  be  no  sufficient  reason  to  infer,  that  the  executive 
government  of  Massachusetts,  having  by  its  compliance 
with  the  requisition  of  July,  for  eleven  hundred  men,  waved 
the  objections  formerly  urged  against  placing  the  force  un- 
der the  command  of  the  United  States'  officers,  after  more 
than  two  years  had  been  afforded  for  deliberation,  should 
afterward,  in  the  short  space  of  sixty  days,  revert  to 
those  objections.  Again,  on  the  seventeenth  and  eight- 
eenth of  September,  one  thousand  eight  hundred  and  four- 
teen, and  after  Governor  Strong  had  written  the  foregoing 
letter  to  the  Secretary  of  War,  of  the  seventh  of  that  month, 
another  requisition  for  one  thousand  one  hundred  and  sixty- 
two  men,  was  made  by  Major  General  Dearborn,  and  com- 
plied with  by  the  Governor,  and  the  men  placed  at  his 
disposal.  Besides  these,  the  corps  of  two  hundred  and  fifty 
men,  required  by  Major  General  Dearborn  for  the  defence 


634      CLAIMS  OF  MASSACHU.-^Jitne  12,  181S. 

of  York,  and  in  aid  of  Commodore  Hull,  were  detached  uu- 
der  his  orders. 

"  Further,  as  a  considerable  portion  of  the  force  required 
was  intended  for  the  defence  of  the  District  of  Maine,  an 
officer  was  deputed  by  the  Grovernor,  with  instructions  to 
make  arrangements  for  placing  the  troops  required,  under 
the  officers  of  the  United  States,  if  the  same  could  be  done, 
without  exciting  discontent  and  collisions  among  them, 
which  would  have  been  fatal  to  the  service.  For  this  pur- 
pose, this  officer  made  the  most  faithful  exertions  to  reconcile 
the  militia  to  this  measure  ;  and  had  so  far  succeeded,  as 
to  have  organized  a  corps  of  eleven  hundred  men  to  be 
placed  under  the  command  of  General  Chandler,  the  officer 
commanding  in  that  quarter,  next  in  rank  to  General  Dear- 
born;  and  would  probably  have  completed  a  similar  ar- 
rangement for  the  whole  ;  but  while  proceeding  towards,  the 
accomplishment  of  this  object,  that  officer  was  ordered  upon 
another  service,  and  thereupon  symptoms  of  discontent  and 
jealousy  were  manifested  by  the  officers  and  men  ;  so  en- 
tirely and  violently  adverse  to  the  transfer  of  command, 
from  their  own  officers  to  those  of  the  United  States,  of  sub- 
ordinate grades,  having  few  or  no  United  States'  troops 
under  them,  that  it  was  judged  inexpedient  and  dangerous 
to  expose  the  service  to  the  collisions  which  were  menaced 
from  these  sources,  at  a  period  of  great  peril  and  alarm, 
while  the  enemy  were  hovering  on  the  coast. 

"  It  is  proper  also  to  remark,  that  the  militia  of  Massa- 
chusetts had  been  organized,  agreeably  to  the  laws  of  the 
United  States,  into  companies  of  sixty -four  privates  each. 
When  called  into  actual  service,  General  Dearborn  conceiv- 
ed it  to  be  his  duty,  under  the  orders  he  had  received,  to 
disregard  this  regulation,  and  organize  the  companies  anew, 
by  consolidating  them  into  companies,  at  sometimes  of  nine- 
ty privates,  and  at  other  times  into  companies  of  one  hun- 
dred privates  ;  and  into  regiments  often  companies  each, 
dismissing,  or  refusing  to  pay  the  supernumerary  officers 
thus  occasioned.  Thus,  too,  the  militia  were  transferred 
from  tlie  command  of  officers  of  their  own  election,  as  pro- 
vided for  by  the  laws  of  Massachusetts,  to  the  command  of 
those  whom  they  had  not  elected. 

"  It  may  easily  be  conceived,  that  these  changes,  in  a 
system  established  by  law,  had  a  tendency  to  create  unea- 
siness  among  the  troops,  and  to  impair  the  haimony  of  ae- 


CLAIMS  OF  MAS SACHU.— June  13,  1818.      635 

tion  and  esprit  dii  corps  of  traia  bands,  which  had  been  so 
long  habituated  to  a  different  system  of  drill  and  tactics, 
also  prescribed  by  the  laws  of  the  United  States. 

"  It  may  be  remarked  further,  that  it  appears  to  have 
been  a  point  conceded  on  the  part  of  the  Executive  of  Mas- 
sachusetts, when  regular  forces  and  militia  were  united, 
each  having  in  command  officers  of  equal  grade,  that  the 
ofificer  of  the  regular  forces  would  be  entitled  to  the  com- 
mand. But  the  claimants  state,  that  when  the  requisition 
in  July,  one  thousand  eight  hundred  and  fourteen,  was 
complied  with,  the  eleven  hundred  men,  then  placed  in  the 
service  of  the  United  States,  were,  by  General  Dearborn, 
placed  in  detachments  of  from  one  to  two  hundred  each,  in 
the  different  forts  and  garrisons  along  the  maritime  frontier 
of  Massachusetts  ;  and  that  wherever  they  were  so  sta- 
tioned, an  oificer  of  the  United  States'  army  of  equal  grade 
of  that  of  each  detachment,  although  there  were  few,  if  any 
regular  troops  at  that  time  in  such  garrison,  was  neverthe- 
less assigned  to  it ;  thereby  superceding  the  militia  com- 
mandant, in  the  command  of  each  detachment. 

^*  This  statement,  your  committee,  from  the  circumstan- 
ces of  the  times,  and  from  evidence  of  a  general  nature  be- 
fore them,  are  induced  to  believe  to  have  been  substantially 
correct.  And  these  are  some  of  the  more  prominent  among 
the  reasons  which  operated  in  September  following,  to  ren- 
der it  hazardous  to  the  service,  if  not  impossible  in  fact,  to 
subject  the  militia  to  the  control  of  the  officers  of  the  United 
States. 

"  It  farther  appears,  that  arrangements  for  defence  were 
made  in  a  spirit  of  perfectly  apparent  harmony ;  first  be- 
tween the  Governor  and  General  Gushing,  and  afterwards 
between  General  Dearborn  and  the  committee  of  military 
defence  of  the  state  of  Massachusetts.  That  this  officer 
was  consulted  on  all  important  occasions,  and  that  his  plans 
were  adopted,  or  the  proceedings  of  the  committee  were  by 
him  approved.  That  his  son,  a  Brigadier  General  in  the 
Massachusetts  militia,  was  placed  in  a  command  subject  to 
the  orders  of  his  father,  and  by  an  understanding  between 
him  and  the  State  Executive,  which  gave  the  latter  the  ef- 
fective command  of  the  harbor  of  Boston.  That  a  portion  of 
those  troops  not  actually  placed  under  his  command,  were 
held  in  readiness  to  be  so  placed,  at  a  moment's  warning, 
in  virtue  of  the  same  arrangement,  and  were  at  the  same 
81 


636       CLAIMS  OF  MASS ACHU.— June  12,  IS  18. 

time  stationed  in  the  best  possible  position  for  effeetaal  co- 
operation. That  at  the  request  of  Commodore  Bainbridge, 
three  thousand  militia  were  held  in  readiness  by  General 
Welles,  for  the  defence  of  the  United  States'  navy  yard 
and  ships  ;  and  that  the  Secretary  of  the  Navy  approved 
of  the  preparations  for  the  protection  of  the  harbor  and  pub- 
lic property,  and  expressed  the  most  unequivocal  approbation 
and  satisfaction  in  the  proofs  of  ^  zeal  and  alacrity'  display- 
ed on  the  occasion.  That  the  people  of  Boston,  and  the 
neighboring  country,  turned  out  almost  in  mass,  to  work 
upon  the  fortifications,  in  aid  of  the  officers  and  troops  of 
the  United  States  ;  and  that  the  whole  force  of  the  state 
was  upon  the  alert,  and  in  a  state  of  preparation  to  engage 
in  the  defence  of  the  country  against  invasion.  The  objec- 
tions, which  subsisted  among  the  militia  to  being  detached 
under  the  command  of  officers  of  the  United  States,  do  not 
appear  to  have  proceeded  from  hostility  to  those  officers, 
nor  to  have  been  confined  to  any  political  party.  They 
arose  principally  from  the  belief,  that  a  new  organization, 
upon  which  the  commanding  officer  insisted,  would  be  ex- 
ceedingly inconvenient,  by  separating  officers  from  men, 
who  had  been  habituated  to  mutual  confidence,  by  discharg. 
ing  some  of  the  former,  as  supernumeraries,  and  by  depriv- 
ing those  who  remained,  in  some  instances,  of  their  com- 
mand, and  their  rank. 

''  Upon  a  deliberate  examination  of  the  facts  and  docu- 
ments connected  with  the  claim,  the  committee  are  led  to 
conclude,  that  the  only  colorable  objections  to  its  allowance, 
is  the  omission  of  the  Governor  of  Massachusetts  to  place 
the  militia,  in  all  instances,  under  the  actual  and  immediate 
command  of  General  Dearborn.  The  Governor,  however, 
in  retaining  them  under  their  own  officers,  does  not  appear 
to  have  been  influenced  by  the  constitutional  objections  by 
which  his  measures  were  actuated,  at  an  earlier  period,  and 
under  different  circumstances.  Inconveniences  and  objec- 
tions did  exist,  for  which  he  was  not  responsible,  but  which 
he  manifested  a  disposition  to  obviate,  by  a  literal  compli- 
ance with  the  requisitions  of  the  United  States,  in  some  in- 
stances ;  and  by  substituting  the  best  arrangements  in  his 
power,  when  attempts  to  enforce  such  a  compliance,  would 
have  been,  in  his  belief,  repugnant  to  sound  discretion  As, 
therefore,  the  services  of  the  militia  were  called  for  by  the 
United  States,  and  faithfully  performed,  and  the  deviation 


CLAIMS  OF  MASSACHU.— Jwne  IS,  18i8.      637 

from  an  exact  conformity  to  the  letter  of  the  Executive  re- 
quisitions, in  all  cases,  was  attributable  to  causes  which 
were  incident  to  the  novelty  of  the  case,  and  against  the 
recurrence  of  which,  provision  may  be  made  by  law,  for  the 
more  perfect  organization  of  the  militia. 

"  Tliey,  therefore,  report,  as  their  opinion,  that  the  ac- 
counting officer  of  the  war  department,  be  directed  to  audit 
and  settle  the  claim  of  said  state,  upon  such  terms,  and  in 
such  manner,  as  may  embrace  the  merits  of  such  claim  ; 
and  they  ask  leave  to  report  a  bill  for  that  purpose.'* 

The  committee  also  state,  that  the  said  report  was  not 
acted  on,  further  than  to  be  received  in  the  House  of  Rep- 
resentatives, owing  to  the  accumulation  and  priority  of  other 
business,  but  that  there  is  reason  to  believe  it  will  come  un- 
der consideration  at  an  early  day  of  the  ensuing  session  of 
Congress  ;  and  from  the  zeal  and  ability  of  the  delegation, 
the  character  and  description  of  the  services  and  expenses 
rendered  and  incurred,  and  the  enlightened  and  patriotic 
feelings  which  cannot  but  actuate  the  administrators  of  a 
government,  emanating  exclusively  from  the  will  of  a  free 
and  intelligent  people,  and  dependent  at  all  times,  for  its 
usefulness  and  efficiency,  in  a  great  measure,  on  their  favor 
and  affection  ;  they  confidently  trust,  that  a  claim  for  ser- 
vices, so  effectively  and  economically  rendered,  as  were 
those  of  Massachusetts,  will  receive  a  prompt  and  liberal 
investigation,  and  a  fair  and  equitable  allowance. 

The  committee,  therefore,  from  the  exposition  heretofore 
made,  the  perspicuous  illustration  now  communicated,  and 
the  full  and  reiterated  expression  of  the  sentiments  of  all 
the  branches  of  the  State  Government,  renewedly  and  re- 
cently given  in  relation  to  the  claim  aforesaid,  deem  it  ne- 
cessary at  this  time  only  to  recommend  the  adoption  of  tha 
following  resolve,  which  is  respectfully  submitted. 

J.  LLOYD,  Per  Order, 

Besolvedy  That  his  Excellency  the  Governor,  be  request- 
ed to  cause  to  be  delivered  to  the  Honorable  Harrison  Gray 
Otis  and  the  Honorable  Prentiss  Mellen,  Senators  of  the 
United  States  from  Massachusetts,  or  either  of  them,  such 
accounts,  documents  and  papers,  as  may  be  necessary  to 
support  the  claim  of  the  Commonwealth  against  the  United 
States,  for  the  use  of  the  Senators  and  Representatives  in 


638  MOOSE  ISLAND.— June  13,  1818. 

Congress  from  this  state.  And  that  the  said  Senators  be 
instructed,  and  the  Representatives  requested,  to  attend  to, 
and  prosecute  the  said  claim,  and  to  use  their  best  endeav- 
ors, that  a  fair  and  equitable  adjustment  thereof  may  be 
speedily  obtained.  And  that  his  Excellency  the  Governor, 
with  advice  of  Council,  be  authorized  to  draw  his  warrant 
on  the  treasury  for  such  sum  or  sums,  not  exceeding  five 
hundred  dollars,  as  may  be  necessary  for  the  transportation 
of  said  papers  and  documents,  and  the  care  and  safe  keep- 
ing of  them  at  Washington,  and  for  such  other  incidental 
expenses  as  may  be  incurred  by  the  delegation  in  the  pros- 
ecution of  the  claim  of  the  state. 


CHAP.  ecu. 

Resolve  on  the    Governor's  Message,  respecting  Moose 
Island,     June  13th,  1818. 

The  Committee  of  both  Houses,  to  whom  was  committed 
the  message  of  his  Excellency  the  Governor,  communicat- 
ing a  letter  from  the  Honorable  John  Quincy  Adams,  stating 
that  his  Britannic  Majesty's  Government  had  given  orders 
for  the  delivery  to  the  United  States,  of  Moose,  Dudley 
and  Frederick  Islands,  and  suggesting  that  it  would  be  sat- 
isfactory to  the  President  of  the  United  States,  should  an 
officer  of  the  Commonwealth  of  Massachusetts  be  appointed 
to  attend  at  the  surrender  of  the  territory ;  having  consider- 
ed the  same,   ask  leave  to  report   the  following  resolve. 

By  order,  JOSIAH  QUINCY,  Chairman, 

Resolvedf  That  his  Excellency  the  Governor  be,  and 
he  hereby  is  authorized  and  requested  to  appoint  such 
officer  of  the  militia  of  this  Commonwealth  as  he  may  deem 
suitable  and  proper,  to  attend  in  behalf  of  said  Common- 
wealth, at  the  surrender  of  Moose,  Dudley  and  Frederick 
Islands,  and  to  take  such  other  measures  in  relation  thereto, 
as,  in  his  judgment,  the  interest  and  dignity  of  the  Com- 
monwealth may  require. 


ROLL,  No.  79......June,  1818. 


THE  Committee  on  Accounts,  having  examined 
the  several  accounts  they  now  present, 

REPORT,  that  there  is  now  due  to  the  Corpora- 
tions and  persons  hereafter  mentioned,  the  sums  set 
to  their  names  respectively,  which,  when  allowed 
and  paid,  will  be  in  full  discharge  of  the  said  ac- 
counts, to  the  several  dates  therein  mentioned  : 
which  is  respectfully  submitted. 

OLIVER  CROSBY,  Per  Order, 


PAUPER  ACCOUNTS. 

Town  of  Adams,  for  board  and  clothing  sundry 

paupers,  to  28th  May,  1818,  S  111  08 

Anson,  for  board  and  clothing  sundry  paupers, 

to  95th  May  1818,  53  65 

Amherst,  for  board  and  clothing  Robert  Richard- 
son, wife  and  daughter,  to  the  27th  May,  1818,      7^  30 

Acton,  for  board,  doctoring  and  nursing  James 
Sherland,  till  his  death,  29th  April,  1818,  and 
funeral  charges,  42  83 

Abington,  for  board  and  clothing  Thomas  Sey- 
more,  to  4th  June,  1818,  30  47 


640  PAUPER  ACCOUNTS. 

Brookfield,  for  board,  clothing  and  nursing  Abi- 
gail Severance  and  James  Benton,  to  10th  May, 
1818,  ^^  00 

Bradford,  for  board   and  clothing  Joshua  L.  Al- 

sears,  to  1st  June,  1818,  26  87 

Blanford,  for  board  and  clothing  Samuel  Walker 

Biel  and  Lettice  Bruster,  to  31st  May,  1818,  74  58 

Boxborough,  for  board,   clothing,  doctoring    and 

nursing  John  McCoy,  to  33d  April,  1818,  73  08 

Brookline,  for  board  and   clothing  Peter  Henry 

till  his  death,  and  funeral  charges,  9  50 

Barre,  for  board  and  clothing  Samuel   Lee  and 

Sally  Taylor,  to  17th  May,  1818,  63  00 

Brirafield,  for  board,  clothing  and  doctoring  Jon- 
athan Hill  and  John  Christian,  to  1st  June, 
1818,  113  47 

Beverly,  for  board  and  clothing  sundry  paupers, 

to  1st  June,  1818,  148  90 

Bath,  for  boarding,  clothing,  doctoring  and  nurs- 
ing sundry  paupers,  to  37th  May,  1818,  311  38 

Belfast,  for  support  of  Margaret  James  and  three 

children,  to  31st  May,  1818,  117  00 

Bradford,  Samuel,  keeper  of  gaol  in  the  county  of 
Suffolk,  for  support  of  sundry   poor   prisoners 
confined  for  debt,  to  10th  May,  1818,  349  30 

Belchertown,   for  board,  clothing  and  doctoring 

sundry  paupers,  to  5th  June,  1818,  71  23 

Baldwin,  for  board  and  clothing  Daniel  Hickey, 

to  1st  May,  1818,  37  96 

Bellingham,  for  board  and  clothing  sundry  pau- 
pers, to  39th  May,  1818,  187  7^ 

Bridgewater,  for  board  and  clothing  sundry  pan- 

pers,  to  11th  June,  1818,  78  00 

Boston,  for  board  and  clothing  sundry  paupers,  to 

1st  May,  1818,  7636  54 

Cushing,  for  board,  clothing  and  nursing  Mary 
Henderson,  to  19th  May,  1818,  and  Peggy 
Rowley,  till  her  deaths  and  funeral  charges,  38  50 


PAUPER  ACCOUNTS.  6tl 

Chester,  for  board,  clothing  and  doctoring  sundry 
paupers,  to  25th  iMay,  1818,  103  35 

Conway,  for  support  of  sundry  paupers,  to  S3d 

May  1818,  68  5S 

Concord,  for  board,  clothing  and  doctoring  sun- 
dry paupers,  to  1st  June,  1818,  S70  97 

Colrain,  for  board,  clothing,  nursing  and  doctor- 
ing Richard  and  Rachel  Hines,  to  S3d  May, 
1818,  77  56 

Cheshire,  for  board,  clothing  and  doctoring  sun- 
dry paupers,  to  S3d  May,  1818,  and  expense 
for  removing  Jane  Newton  and  her  children  out 
of  the  state,  168  7^ 

Carlisle,  for  board,  clothing  and  doctoring  Rob- 
ert Barber,  to  S5th  May,  1818,  43  75 

Cumraington,    for    support   and  doctoring  John 

Sampson,  to  35th  May,  1818,  54  34 

Camden,  for  board,  clothing  and  nursing  John 
Bloom,  and  house  rent  for  Richard  Conway's 
family,  to  39th  January,  1818,  114  45 

Charlestown,  for  board  and  clothing  sundry  pau- 
pers, to  3d  June,  1818,  434  30 

Dedham,  for  support  and  doctoring  James  Saun- 
ders, to  1st  June,  1818,  20  18 

Durham,  for  board  and  clothing  sundry  paupers, 

to  1st  June,  1818,  217  30 

Danvers,  for  board  and  clothing  sundry  paupers, 

to  36th  May,  1818,  795  88 

Enfield,  for  board  and  clothing  Deborah  Butter- 
worth,  to  25th  May,  1818,  17  54 

Edgarton,  for  board,  clothing,  doctoring  and  nurs- 
ing sundry  paupers,  to  37th  May,  1818,  353  33 

Granville,  for  board,  clothing  and  doctoring  Simon 

Hoifman  and  George  Taylor,  to  S3d  May,  1818,       58  86 

Gill,  for  board,   clothing  and  doctoring  sundry 

paupers,  to  30th  May,  1818,  413  64 


642  PAUPEU  ACCOUNTS. 

Guardian  of  Dudley  Indians,  which  sum  the  Trea- 
surer is  directed  to  charge  said  Indians,  and 
deduct  the  same  from  the  sum  due  them  from 
the  Commonwealth,  to  1st  May,  1818,  179  01 

Greenwich,  for  board,  clothing,  doctoring,  and 

nursing  sundry  paupers,  to  26tli  May,  1818,  140  40 

Gloucester,  for  board  and  clothing  sundry  pau- 
pers, to  10th  May,  1818,  573  05 

Gorham,  for  board  and  clothing  Robert  Gilfilling, 

to  31st  May,  1818,  S7  10 

Hopkinton,  for  support  of  Silence  Cook,  to  2d 

June,  1818,  S2  50 

Hubbardstown,  for  board  and  clothing  Abner  Hy- 

bra,  to  27th  May,  1818,  34  56 

Haverhill,  for  board   and  clothing  John  Wilson, 

to  7th  May,  1818,  83  67 

Hodgkins,  Joseph,  late  keeper  of  house  of  cor- 
rection in  county  of  Essex,  for  allowance  made 
by  Court  of  Sessions,  to  10th  November,  1817,     195  12 

Harlem,  for  board  and  clothing  William  Youling, 

to  10th  May,  1818,  33  60 

Hallowell,  for  board,  clothing,  doctoring  and  sup- 
plies, to  sundry  paupers,  to  3d  June,  1818,  295  74 

Hamilton,  for  board  and  clothing  Ellis  Cook,  to 
6th  April,  1818,  and  Mary  Moncrief,  till  her 
death,  and  funeral  charges,  146  21 

Holland,  for  board  and  clothing  Jonathan  Hill,  to 

15th  December,  1817,  37  84 

Hardwick,  for  board  and  clothing  Hannah  Mor- 
gan, to  1st  June,  1818,  59  00 

Hancock,  for  board  and  clothing  Rebecca  Osborn 

and  Hannah  Winn,  to  30th  May,  18 18,  54  00 

Ipswich,  for  board  and  clothing  sundry  paupers, 

to  1st  June,  1818,  627  66 

Jay,  for  board  and  clothing  Elizabeth  Bell,  to 

18th  May,  1818,  19  00 


PAUPER  ACCOUNTS.  643 

Lenox,  for  board,  clothing  and  nursing  sundry 

paupers,  to  24th  May,  1818,  201  47 

Lee,  for  support  of  sundry  paupers  to  20th  May, 

1818,  176  00 

Ley  den,  for  board,  clothing  and  doctoring  sundry 

paupers,  to  21st  May,  1818,  100  04 

Longmeadow,  for  board  and  clothing  sundry  pau- 
pers, to  S3d  May,  1818,  47  59 

Leeds,  for  support  and  doctoring  sundry  paupers, 

to  S4th  May,  1818,  150  00 

Litchfield,  for  support  of  Jerusha  Twambly,  to 

19th  May,  1818,  15  50 

Lanesborough,  for  board,  clothing  and  doctoring 

sundry  paupers,  to  1st  June,  1818,  117  89 

Lynn,  for  board  and  clothing  sundry  paupers,  to 

30th  May,  1818,  385  64 

Littleton,  for  board  and  clothing  John   Putnam, 

to  3d  June,  1818,  b^  84 

Lubec,  for  board,   nursing  and  doctoring  Samuel 

Hudson  till  he  left  the    state,  16  00 

Montgomery,  for  board  and  clothing  Moses  Ca- 

nair,  to  7th  June,  1818,  25  89 

Monson,  for  board,  clothing  and  doctoring  James 

Worthington,  to  20th  May,  I8l8,  27  76 

Monmouth,  for  board  and  clothing  Peggy  Mag- 

ner,  to  ist  June,  1818,  J8  00 

Middleborough,  for  board,  clothing  and  doctoring 
John  Fitzgerald  and  Betsy  Q^uite,  to  1st  April, 
1818,  38  08 

Montague,  for  board,  nursing  and  doctoring  Eli- 
zabeth Sickleu,  to  21st  May,  1818,  52  67 

Milton,  for  board  and  clothing  Archibald  Mc- 
Donald, to  3d  June,  I8I8,  24  70 

Marblehead,  for  board  and  clothing  sundry  pau- 
pers, to  31st  May,  1818,  134  31 

Marshfield,    for    board    and     clothing     Samuel 

Holmes;  to  20th  May,  1818,  61  45 

82 


614  PAUPER  ACCOUNTS. 

Manchester,  for  support  of  Abraham  Gloss,  to 

14th  March,  1818,  84f  00 

New  Bedford,   for  board  aud   clothing   sundry 

paupers,  to  1st  April,  1818,  182  68 

New  Castle,  for  board  and    doctoring    sundry 

paupers,  to  4th  May,  1818,  91  08 

Northampton,  for  board,   clothing  and  doctoring 

sundry  paupers,  to  21st  May,  1818,  145  16 

Northfield,  for  board  and  clothing  Amos  Riley, 

to  23d  xMay,  1818,  24,  55 

Norwich,  for  board,  clothing,  doctoring  and  nur- 
sing Daniel  Williams,  till  his  death  and  fune- 
ral charges,  35  24, 

Newbury,  for  board  and  clothing  sundry  paupers, 

to  1st  June,  1818,  850  44 

New  Salera,    for  support,  nursing  and  doctoring 

Philip  Haven,  to  4th  April,  1818,  85  38 

North  Yarmouth,  for  board,  clothing  and  doctor- 
ing George  Young,  to  2d  June,  1818,  33  84 

Newburyport,  for  board  and  clothing  sundry  pau- 
pers, to  1st  June,  1818,  7O9  28 

Palmer,  for  board  and  clothing  William  andPlie- 

be  Mendum,  to  8th  May,  1818,  40  50 

Poland,  for  board  aud  clothing  Bethany  Wilson's 
five  children,  until  they  left  the  state,  6th  April, 
1817,  55  00 

Portland,  for  board  and  clothing  sundry  paupers, 

to  1st  June,  1818,  980  69 

Plymouth,  for  board  aud  clothing  sundry  paupers, 

to  1st  June,  1818,  418  75 

Pittsfield,  for  board,  clothing  and  doctoring  sun- 
dry paupers,  to  1st  June,  1818,  160  58 

Russell,  for  board,   clothing  and  doctoring  Sally 

Harrington,  to  15th  January,  1818,  87  04 

Rowe,  for  support  of  Betsey  Carpenter,  to  21st 

May,  1818,  52  00 


j^ 


PAUPER  ACCOUNTS.  64p 

Readfield,  for  board  and  clothing  Edward  Bur- 
gess, and  Collins  Cameron,  to  21st  May,  1818,     114  00 

Roxbury,  for  board  and  clothing  sundry  paupers, 

to  3d  June,  1818,  •     27S  96 

Randolph,  for  supplies  to  William  Read,  to  SOth 

April,  1818,  39  73 

Rowley,  for  board,  clothing,  doctoring,  and  nurs- 
ing Elle  Collins  and  Benning  Dowe,  to  1st 
May,  1818,  45  17 

Swansey,  for  support  of  Garnet  Burns  and  James 

Garner,  to  23d  May,  1818,  42  50 

South  Reading,  for  doctoring  Susan  Jackson,  to 

30th  January,  1818,  4  06 

Saco,  for  support  of  Mrs.  Domnore  and  children, 

to  25th  May,  1818,  46  00 

Sf)uthbridge,  for  board  and  clothing  London  Eer- 
ry,  to  18th  May,  1818,  67  20 

Shelburne,  for  board  and  clothing  sundry  paupers, 

to  23d  May,  1818,  60  30 

Sandisfield,  for  support  of  Richard  Dickson,  wife 

and  daughter,  to  19th  May,  1818,  31  50 

l^tockbridge,  for  board,  clothing,  doctoring  and 

nursing  sundry  paupers  to  1st  June,  1818,  308  33 

Sheflield,  for  support,  doctoring  and  nursing  Jo- 
seph Williamson,  until  his  death,  and  funeral 
charges,  30  60 

Spencer,  for  board,  clothing  and  doctoring  sundry 

paupers,  to  27th  May,  1818,  222  50 

Sandwich,  for  support  of  Esther  and  Mason  Ray- 
mond, to  28th  May,  1818,  42  00 

Scarborough,  for  support  and  doctoring  John  S. 
Moulton,  to  23d  April;,  1818,  and  expense  of 
removing,  69  30 

South  Berwick,  for  board  and  clothing  Lemuel 

Wood  worth,  to  4th  June,  1818,  33  00 

Southwick,  for  board  and  clothing  George  Reed, 

to  1st  June,  1818,  67  20 


646  PAUPER  ACCOUNTS. 

Springfield,  for  board,   clothing,  and   doctoring 

sundry  paupers,  to  Soth  May,  1818,  S13  63 

Salem,  for  board  and  clothing  sundry  paupers,  to 

2d  June,  1818,  2813  02 

Taunton,  for  board  and  clothing  sundry  paupers, 

to  3 1st  May,  1818,  217  46 

Tyringham,   for  board,  clothing,   and  doctoring 

Richard  Gardner  and  wife,  to  1st  January,  1H18,       70  29 

Uxbridge,  for  support  of  sundry  paupers,  to  23d 

May,  1818,  48  60 

Vassalborough,  for  board  and   clothing  Abigail 

Fairbrother,  to  1st  June,  1818,  25  62 

West  Stoekbridge,  for  board  and  clotliing  sundry 

paupers  to  8th  May,  1818,  '  44  12 

Wareham,  for  support  of  William  Long,  to  27th 

May,  1818,  20  90 

Warren,  for  support  of  sundry  paupers,  to  27th 

May,  1818,  117  00 

Westfield,  for  board,  clothing  and  supplies,  to  sun- 
dry paupers,  to  1st  June,  1818,  96  11 

Waldoborough,  for  board    and   clothing  Handle 

and  Phebe  Andrews,  to  6th  June  1818,  124  00 

Wade  Thomas,  keeper  of  House  of  correction,  in 
the  county  of  Essex,  for  board  and  clothing 
sundry  insane  persons,  to  1st  June,  1818,  in- 
cluding allowance,  made  by  Court  of  Sessions,      322  80 

Whately,  for  board  and  clothing  Benjamin  Mat- 
thew, to  18th  May,  1818,  145  76 

Westhampton,  for    board    and  clothing   sundry 

paupers,  to  28th  May,  1818,  100  16 

Western,  for  board  and  clothing  Eliza  and  Har- 
riot Trim,  to  25th  May,  18l8,  124  00 

Worcester,  for  board  and  clothing  sundry  pau- 
pers, to  1st  June,  1818,  192  38 

Westbrook,  for   board,   clothing,    doctoring  and 

nursing  John  Burns,  to  8th  May,  1818,  81  70 


MILITARY  ACCOUNTS.  647 

Walpole,  for  board  and  clothing  Elizabeth  Ellis 

and  Nancy  Hearns'  two  children,  to  1st  June, 

1818,  36  70 

Williamstown,  for  support  and  doctoring  sundry 

paupers,  to  30th  May,  1818,  67  38 

Westborough,  for  support  of  Dinah,  a  Negro,  to 

1st  December,  1817,  57  20 

West   Springfield,  board,  clothing  and  doctoring 

sundry  paupers  to  25th  May,  1818,  145  43 

Ward,   for  board  and  clothing  Francis  Savage, 

to  lOih  April,  1818,  18  40 

Westford,  for  board,  clothing  and  doctoring  James 

Deirce,  to  18th  June,  1818,  28  10 

York,  for  board,  clothing,  doctoring   and  nursing 

sundry  paupers,  to  30th  May,  1818,  206  GO 

Total  Paupers,  S37,458  43 

MILITARY  ACCOUNTS. 

Courts  Martial,  §*c. 

Barnard,  Robert  F.  for  expenses  of  a  Court  Mar- 
tial, held  at  Great  Barringtou,  27th  and  28th 
January,  1818,  whereof  Thomas  Stephens  was 
President,  jS  90  20 

Clark,  Joseph,  for  expenses  of  a  Court  Martial, 
held  at  Waterville,  February  11th,  1818,  where- 
of Henry  W.  Fuller  was  President,  150  28 

Carter  Solomon,  for  expense  of  a  Court  Martial, 
held  at  Westborough,  3d  of  March,  1818,  where- 
of Iven  Jewett  was  President,  236  83 

Whitney  Timothy  P.  for  expense  of  a  Court  Mar- 
tial, held  at  Dedham,  13th  December,  1817^ 
whereof  Jonathan  Whitney  was  President,  186  56 

Total,    g  663  87 


648  MILITARY  ACCOUNTS. 

Brigade  Majors  and  Aids  de  Camp. 

Hight,  William,  to  1st  May,  1818,  19  00 

Hubbard,  Russell,  to  9tli  October,  1818,  30  50 

Treat,  Joseph,  to  10th  May,  1818,  85  83 

Total,     S  135  33 

Brigade  Quarter -Mastef  s  Accounts, 

Bradbury,  William,  for  181^,  18  25 

Adjutant's  Accounts. 

Billings,  Asahel,  to  27th  April,  1818,  25  62 

Barrows,  Asa,  to  1st  June,  1818,  17  37 

Bemis,  Isaac,  to  3d  June,  1818,  46  50 

Burr,  Samuel,  to  2d  June,  1818,  56  71 

Champney,  John,  to  1st  June,  1818,  71  01 

Carter,  Willis,  to  1st  May,  1818,  36  55 

Clement,  Jesse,  to  l5th  May,  1818,  47  56 

Chadburn,  Samuel,  to  18th  September,  1817;?  5  80 

Elder,  Nored,  to  20th  February,  1818,  21  12 

Fairfield,  Jotham,  to  20th  May,  1818,  10  39 

Farrar,  David,  to  18th  May,  1818,  11  88 

Fales,  David  S.  to  1st  June,  1818,  30  87 

Gray,  Moses,  to  l6th  March,  1818,  55  97 

Harris,  Moses,  to  5th  May,  1818,  68  43 

Hammond,  Moses,  to  1st  January,  1818,  36  50 

Henrick,  Oliver,  to  1st  September,  1817,  33  35 

Kimbal,  Moses,  to  4th  April,  1818,  27  62 

Leach,  Cephas,  to  5th  May,  1818,  46  00 

Lothrop,  Cyrus,  to  5th  May,  1818,  62  00 

Noble,  Charles,  to  15th  April,  1818,  15  18 

Orr,  Hector,  to  1st  May,  1818,  47  41 

Poor,  Daniel  A.  to  1st  May,  1818,  24  41 

Remiek,  Benjamin,  to  7th  Apyil,  1818,  13  67 


SHERIFF*S'  AND  CORONERS'  ACCOUNTS.    649 

Sampson,  John,  to  16th  April,  1818, 
Stoue,  Uosea,  to  14th  April,  1818, 
Talraond,  William,  to  13th  October,  1817, 
Thompson,  Arad,  to  1st  May,  1818, 
Worthington,  Gad,  to  10th  March,  1818, 
Wild,  William  C.  to  20th  May,  1818, 

Total,     S  994  80 

Expenses  of  Horses  to  haul  Artillery, 

Brackett,  Nathaniel,  for  1816  and  1817,  10  00 

Bangs,  Deal,  for  1816,                    ,  5  00 

Fessenden,  Ebenezer,  for  1817,  5  00 

Lee,  Charles,  for  1816  and  1817,  10  00 


36  73 

5  23 

61  51 

54  65 

S5  76 

41  00 

Total, 

JS  30  00 

Courts  Martial,  &c. 

663  87 

Brigade  Majors,  &e. 

135  33 

Brigade  Quarter- Masters, 

18  25 

Adjutants, 

994  80 

for  Artillery  Horses, 

30  00 

Total,  Military,     g  1842  25 

SHERIFFS'  AND  CORONERS'  ACCOUNTS. 

Andrews,  Andrew,  Coroner  of  Berkshire  County, 
for  an  inquisition  on  the  body  of  a  stranger,  and 
funeral  charges,  to  May,  1818,  20  45 

Cooper,  John,  Sheriff  of  Washington,  for  return- 

ing  votes,  to  17th  May,  1818,  28  00 

Hamlin,  Cyrus,  Sheriff  of  Oxford,  for  distributing 

precepts,  and  returning  votes  to  April,  1818,  38  00 

Hoyt,  Epaphras,  Sheriff  of  Franklin,  for  return- 
ing votes,  to  25th  May,  1818,  7  60 


650  PIUNTEIIS'  ACCOUNT}^. 

Huunewell,  Ricliard,  Sheriff  of  Cumbeilaiul,  for 
distributing  precepts,  and  returning  votes,  to 
May,  1818,  Si  75 

Ilobbins,  Chandler,  Sheriff  of  Kennebec,  for  re- 
turning votes,  to  6th  May,  1818,  19  40 

Thakher,  Samuel,  Sheriff  of  Lincoln,  for  return- 
ing votes,  to  May,  1818,  16  00 

Watson,  George,  Sheriff  of  Hancock,  for  return- 
ing votes,  to  May,  1818,  20  00 

Worth,  Jethro,  Sheriff  of  Dukes'  County,  for  dis- 
tributing precepts  and  returning  votes,  to  28th 
May,  1818,  '  71  50 

Total,     S325  70 

PRINTERS'  ACCOUNTS. 

Ballard  and  Wright,  for  publishing  sundry  acts, 

and  notices  to  29th  May,  1818,  13  00 

Cushing,  Thomas,  C.  for  publishing  acts  and  re- 
solves,  and  notice  of  Commissioners  of  Land 
Office,  to  May,  1818,  S3  67 

Good  ale,  Ezekiel,  for  pulishing  acts  and  resolves, 
list  of  taxes,  notice  of  Commissioners  of  Land 
Office,  &c.  to  February,  1818,  70  16 

Hastings,  William,  for  publishing   acts    and  re- 

solves,  to  1st  August,  1818,  16  67 

Lindsey,  Benjamin,  for  publishing  acts  and  re- 
solves, to  May,  1818,  16  67 

Manning,  William,  for  publishing  notice  of  Com- 
missioners of  Land  Office,  notice  respecting 
Deaf  and  Dumb,  and  acts  and  resolves,  to  10th 
January,  1818,  ^9  69 

Rogers,  Henry,  for  publishing  acts  respecting 
Courts  in  Middlesex  and  Worcester,  to  March, 
1818,  47^ 

Russell,  Benjamin,  by  Russell,  Cutler  &  Co.  for 
printing  done  for  the  government,  to  10th  June, 
1818,  S900  82 


MISCELLANEOUS  ACCOUNTS.  651 

Young  and  Minns,  for  publishing  notice  respect- 
ing Deaf  and  Dumb,  and  acts  and  resolves,  to 
June,  1818,  5S  75 

Total,         S  3128  66 

MISCELLANEOUS  ACCOUNTS. 

Burdett,  James  W.  for  stationary  furnished  the 

Government,  to  10th  June,  1818,  237  40 

Bradley,  Josiah,  &  Co.  for  oil  for  the  State  House, 

to  5th  June,  1818,  68  77 

Boston   Glass   Manufactory,  for  glass  for  State 

House,  to  10th  June,  1818,  41  53 

Bacon,  Henry,  for  assisting  the  Messenger  of  the 

General  Court,  to  13th  June,  1818,  47  50 

Commissioners  appointed  to  visit  Marshpee  and 

Herring  Pond  Indians,  viz. 
Honorable  Dudley  L.  Pickman,  83  00 

"         William  B.  Bannister,  84  00 

<^         Benjamin  Whitman,  Esquiies,     76  00 — 343  00 
Committee  appointed  to  examine  Old  Colony  Rec- 
ords, viz. 
Reverend  James  Freeman,  113  45 

Benjamin  Nichols,  Esquire,  131  00 

Samuel  Davis,  Esquire,  84  00 

Joseph  Avery,  for  stationary,  6  34 

Benjamin  Loring,  for  stationary,  1  50 — 335  29 

Durant  &  Snelling,  for  sundries  for  State  House, 

to  10th  June,  1818,  61  33 

Francis,  Mary,  for  her  son  Joseph,  as  Page  to  the 

House  of  Representatives,  to  13th  June,  1818,        18  7^ 
Greenleaf,  Oliver  C.  for  stationary,  furnished  the 

Government,  to  30th  January,  1818,  4  50 

Kuhn,  Jacob,  for  balance  due  him  on  the  10th 
June,  1818,  over  and  above  the  several  grants 
made  by  the  General  Court,  of  the  10th  June, 
1817,  and  l6th  January,  1818,  64  53 

83 


60S  RESOLVE  TO    ROLL  NO.  ^Q. 

Loring,  Benjamin,  for  stationary  furnished  Secre- 
tary's Office,  to  16th  May,  1818,  3  50 

Low,  John  V.  for  assisting  the  Messenger  of  the 

General  Court,  to  12th  June,  1818,  40  00 

Low,  Lewis,  for  assisting  the  Messenger  of  the 

General  Court,  to  12th  June,  18 1 8,  40  00 

Thompson,  James,  for  sundries  for  the  State 
House,  to  10th  June,  1818,  81  31 

Total,     S  1276  29 

Aggregate  of  Roll  JVo.  79. 

Expense  of  State  Paupers,  27,458  43 

Do.          Militia,  1,842  25 

Do.          Sheriffs  and  Coroners,  255  70 

Do.          Printers,  3,128  66 

Do.         Miscellaneous,  1,276  29 

Total,     JS  33,961  33 

JResolvedf  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  corpora- 
tions, and  persons'  names  respectively  ;  amounting  in  the 
whole  to  thirty. three  thousand,  nine  hundred  and  sixty- 
one  dollars  and  thirty-three  cents  ;  the  same  being  in  full 
discharge  of  the  accounts  and  demands  to  which  they  refer. 

June  i2thf  1818 — Approved, 

J.  BROOKS. 


COMMONWEALTH  OF  MASSACHUSETTS. 

SECRET AHX'S   OFFICE,   OCTOBER    15,    1818. 

By  this  I  certify,  that  the  Resolves  printed  in  this  pamphlet,  which 
passed  at  the  session  of  the  General  Court,  beginning  May  27th,  and 
ending  June  13th,  1818,  have  been  compared  with  the  originals  in  this 
office,  and  appear  to  be  correct,  except  that  on  page  622,  five  lines  from 
top,  for  "  thirUmthi^  read  "  thirtieth,''^ 

ALDEN  BRADFORD, 

Secretary  of  the  Commonwealth. 


INDEX 


TO  RESOLVES  PASSED  AT  THE  SESSION  OF  THE  GENERAL 
COURT,  WHICH  BEGAN  27th  MAY,  1818, 


A. 

ASSESSORS  of  the  First  Baptist  Society  in  Bath,  Abigail  Sprague 

authorized  to  execute  a  deed  to, 608 

Attorney  or  Solicitor  General  to  compel  Guardians  of  the  Chris- 
tiantown  Indians  to  account, 616 

B. 

Barnes,  Lovell,  certain  deeds  made  valid,  -        .        -         .        620 

Bath,  Assessors  of  First  Baptist  Society,  Abigail  Sprague  authorized 

to  execute  a  deed  to, -    608 

Bemis,  Josiah,  and  George  Stearns,  grant  to,  for  loss  by  fire  at  the 

State  Prison,  &c. 619 

Beverly,  Overseers  of  the  Poor  to  receive  the  pension  of  J.  Morgan,     804 
Bissell,  Jonathan  M.  Guardians  of  J.  S.  Horsley  and  others,  author- 
ized to  give  deed  of  lands,        -        -   607 

C. 

Cargill,  Susan,  authorized  to  execute  a  deed  to  Jane  Cargill,     -  614 

Chase,  Warren,  grant  to,  for  services, 624 

Claims  against  the  United  States,  Report  respecting,  -        -  628 

Clerks  of  the  General  Court,  pay  established,        _        -        -        -  618 

"      of  certain  offices,  «        « 618 

Commissioners  of  the  Land  Office  granted  monies  for  surveying  into 

lots,  certain  townships,  and  for  quieting  certain  settlers,     -        -  613 
Committee  to  view  the  waters,  &c.  in  Bridgewater  and  Halifax,  rel- 
ative to  Fishery  in  Taunton  Great  River,  to  view,  at  the  expense 

of  John  Gilmore, 609 

Committee  to  examine  the  State  Treasurer's  Accounts,  -        -  621 

"          to  cause  Plymouth  Colony  Records  to  be  copied,  &c.  617 

"  on  Accounts,  pay  granted, 625 

"         Roll,  .'.''.' 6S9 

Council  and  General  Court,  pay  of  Members  established,  -        -  600 

Court,  General,  '•  ••  "  -        -  600 


INDEX. 


D. 


Daniels,  James,  pensioned,       -         - 627 

Deerfield,  John  C.  Williams  authorized  to  pay  residuum  of  estate  of 

B.  Sheldon  to  Treasurer  of,  for  support  of  E.  Gardner,  &c.  605 

Douglas,  Elisha,  pensioned  for  four  years,     -----    627 
Dukes' County,  Tax  granted, 611 


E. 


Eddy,  Ibrook,  granted  §60, 612 

Elliot  School  Fund,  Trustees  authorized  to  sell  salt  marsh,    -        -    622 

F. 

Foster,  Joseph,  grjinted  g  100,96,  for  extra-  service  in  Treasurer's 
Office, 618 

G. 

Gilmoi-e,  John,  Committee  to  \Tie\v  waters,  &c.  in  Bridgewater  and 
Halifax,  relative  to  fishery  in  Taunton  Great  River,  to  view  the 
same  at  his  expense,     --------        609 

Governor,  his  Speech,  --------    577 

"  "        Answer  of  the  Senate,    -        -         -        -        586 

«  «  "       of  the  House,  -         -         -         -    592 

Governor's  Message,  relative  to  a  fire  proof  building  for  the  public 
records,  and  communicating  resolves  of  Georgia,  on 
proposed  amendments  of  the  Constitution  of  the  United 

Sitatcs, 601 

"  Message,  communicating  a  letter  from  the  Secretary  of 
State,  intimating  the  wish  of  the  President,  that  an 
officer  of  this  Commonwealth  may  attend  at  the  sur- 
render, by  the  British,  of  Moose  and  other  Islands,  602 
''  Message,  communicating  the  account  of  George  Hei'bert, 
Esquire,  Agent  on  land  mortgaged  by  Leonard  Jarvis, 
Esquire,  ..-.----    616 

Governor  requested  to  appoint  an  officer  to  attend  the  surrender  of 

Moose  and  other  Islands,  &c.  .         -        -         -         638 

"        requested  to  discharge  the  present  Guardians  of  the  Chris- 

tiantown  Indians,  and  appoint  others,  -         _         .    615 

"        authorized  to  cause  repairs  on  the  State  House,        -  623 

"  authorized  to  cause  to  be  delivered  to  Senators  in  Con- 
gress, documents  to  support  the  Massachusetts  Claim 
for  expenditures  in  the  late  war,  and  to  draw  on  the 
treasury  for  money  to  pay  for  transporting  them,     -        637 

H. 

Herbert,  George,^  Agent  on  the  subject  of  lands  mortgaged  by  L. 
Jarvis,  grant  to, 624 


INDEX. 


I.  &  J. 

Journegan,  William,  Treasurer  of  Dukes'  County,  granted  g26,35,  605 

Indians,  Troj,  Captain  Sheffel  Weaver,  appointed  Guardian,  606 

"       Christiantown,  Guardians  to  be  discharged,  and  others  ap- 

appointed,         -        _        -  615 

"  "  "  to  be  compelled  to  account,  615 

K. 

Kellam,  Phineas,  Susan  Cargill,  authorized  to  execute  a  deed  to,  614 

Kuhn,  Jacob,  grant  to,  for  fuel,  &c.  -        -        -        ...  624 

'•'        "       salary,  -°-        -  626 


Lear,  Abigail,  S.  Wales,  Executor,  authorized  to  pay  a  legacy  to,       599 
Lock,  Ward,  grant  to,  for  services,  .        -        _        _        _        624 

M. 

Mitchell,  James,  grant  to, 627 

Morgan,  Israel,  his  pension  to  be  paid  to  the  Overseers  of  the  Poor 
in  Beverly,  - 604 

N. 

Nelson,  Joseph,  grant  to,     --------    627" 

Newton,  Willard,  authorized  to  file  his  bond  in  the  Probate  Office 
in  Middlesex, 614 

P. 

Peirce,  Joseph  H.  grant  to  for  services,          -        -        -        -        -    626 

Plymouth  County,  tax  granted,         ------         611 

Prison,  State,  appropriation  for, 603 

R. 

Records,  Old  Colony,  Committee  to  cause  them  to  be  transcribed, 

bound,  &c.  --         -------  6ir 

Roberts,  Howell,  granted  840, 606 

Roxbury.  Trustees  of  Elliot  School  Fund  empowered  to  sell  salt 

marsh, 622 

Russell,  Benjamin,  appointed  printer  for  the  Commonwealth,  600 

S. 

Salisbury,  East  Parish,  Assessors  empowered  to  sell  lots,       -        -  60S 

Saugus,  Records  of  Congregational  Parish  made  valid,         -         -  610 
SewalU  Daniel,  authorized  to  keep  the  offices  of  Register  of  Probate 

and  Clerk  of  the  Judicial  Courts  at  Kennebunk,        -         -         -  61 6 

Shevrill,  Augustus,  allowed  §220,50,  for  certain  repairs,  -        -  610 

Standish,  doings  made  valid, 604 


INDEX. 


T. 


Tax  granted  the  county  of  Worcester, 601 

«        «  "  Plymouth, 611 

«        «  «  Dukes'  County,       -        -        -        -        611 

Taylor,  Melinda,  grant  to,  _-.---_-    628 

Treasurer,  to  credit  Augustus  Sheverill   g220,50,  on  execution  for 

rent  due  the  Commonwealth,        .        .        -        -        610 

"        authorized  to  borrow  money,         -        -        -        -         -    611 

"        Committee  to  examine  his  accounts,  .        .        .        621 

Trustees  of  Elliot  School  Fund,  (Roxbury,)  authorized  to  sell  salt 

marsh,    -------.---    622 

U. 

United  States,  Report  respecting  claims  against,       -        -       -        6^8 

W. 

Walcutt,  Thomas,  grant  to,  for  services, 625 

"Walter,  Lynde,  authorized  to  sell  certain  real  estate,        -        -        619 
Weaver,  Captain  Sheffel,  appointed  Guardian  to  the  Troy  Indians,     606 
Williams,  Ebenezer  H.  and  A.  Stebbins,  Overseers  of  the  Poor  of 
Deerfield,  the  Administrator  on  the  estate  of  B.  Shelden,  author- 
ized to  pay  the  residuum  in  his  hands,  for  support  of  E.  Gardner 
and  children,            --.---...    605 
Worcester  County,  Tax  granted, 601 


RESOLVES 


OF    THE 


GENERAL    COURT 


OF  THE 


CommontoeaftS  of ^a^^atSu^ettj^, 


PASSED  AT  THEIR  SESSION 

WHICH  COMMENCED  ON  WEDNESDAY,  THE  13th  DAY  OF  JANUARY, 
AND  ENDED  ON  SATURDAY,  THE  20lh  DAY  OF  FEBRUARY,  1819. 


Published  agreeably  to  a  Resolve  of  16th  January,  1812. 


BOSTON : 
PRINTED  BY  RUSSELL  &  GARDNER,  FOR  BENJAMIN  RUSSELL, 


PUINTEB   TO   THE    STAT£. 


1819. 


RESOLVES 


GENERAL  COURT  OF  MASSACHUSETTS, 

PASSED   AT    THEIR    SESSION 

WHICH  COMMENCED  OX  WEDNESDAY,  THE  13th  DAY  OF  JANUARY,  AND  ENDED  ON 
THE  20th  DAY  OF  FEBRUARY,  1819. 


GOVERNOR'S  MESSAGE. 


REPRESENTATIVES'  CHAMBER,  JANUARY  20th,  1819, 

The  Secretary  communicated  from   the  Governor,  the 

folloiving 

MESSAGE: 

Gentlemen  of  the  Senate,  and  ' 

Gentlemen  of  the  House  of  Representatives, 

HAVING  been  informed  by  your  joint  Committee,  that 
the  two  branches  of  the  Legislature  are  ready  to  receive  the 
customary  communications,  I  avail  myself  of  the  occasion  to 
welcome  your  return  to  this  ancient  seat  of  legislation,  to 
pledge  to  you  the  assurances  of  my  ready  concurrence  in 
the  adoption  of  any  measures  which  may  promise  utility  to 
the  public,  and  to  congratulate  you  on  the  continued  pros- 
perity of  the  Commonwealth,  and  of  the  nation.  It  must 
be  highly  gratifying  to  your  feelings,  as  it  has  been  to  mine. 


65^  GOVERNOR'S  MESSxVGE., 

to  observe  the  assurances  of  the  first  functionary  of  the 
United  States,  that  ^"^  commerce  is  flourishing,  that  the  rev- 
enue has  exceeded  the  most  favorable  anticipation,  and  that 
peace  and  amity  are  preserved  with  foreign  nations,  on  con- 
ditions just  and  honorable  to  our  country.'' 

The  completeness  of  our  political  and  secular  enjoyments, 
however  it  may  repress  the  hope  of  higher  attainments,  ad- 
monishes us  of  our  obligations  to  preserve  them.  The  annals 
of  our  country  testify,  that,  for  almost  two  centuries,  a  strug- 
gle has  been  maintained,  to  establish  governments  founded 
on  the  natural  rights  of  men.  This  struggle  has  been  suc- 
cessfully terminated  only  by  the  present  generation  ;  and 
we,  who  have  been  the  last  actors,  owe  it  to  our  children 
and  heirs,  to  transmit  the  inestimable  acquisition. 

The  augmentation  of  the  population  of  the  United  States, 
is  a  singular  phenomenon  in  the  history  of  nations.  In  the 
space  of  forty  years  we  have  witnessed  more  than  a  triplica- 
tion of  our  numbers.  Even  the  primitive  States  have  ex- 
perienced an  augmentation,  while  continual  emigrations 
have  furnished  a  youthful  and  vigorous  population  for  new 
States.  Thus  have  been  formed,  and  are  progressively 
forming,  additional  Commonwealths,  constructed  upon  the 
original  models  ; — the  principles  of  liberty,  the  habits  of 
order,  and  the  arts  of  peace  and  civilization,  are  rapidly 
spreading,  and  lands,  lately  unexplored,  are  teeming  with 
the  luxuriant  and  gainful  products  of  improved  culture. 

Our  numerical  increase,  however,  is  not  to  be  assumed 
as  the  ratio  of  melioration  in  the  arts  of  life.  Agriculture, 
and  many  of  the  manufacturing  arts,  have  improved  in  much 
greater  proportions  ;  and  it  is  w  ith  pleasure,  not  unmingled 
with  pride,  that  we  can  particularly  recognize  the  high  de- 
gree of  perfection  to  which  some  branches  of  the  manufac- 
tures of  this  State  have  attained.  The  delicate  and  beauti- 
ful fabrics  of  cotton  and  woollen  goods,  and  the  elegant 
specimens  of  cut  glass,  exhibited  to  the  Massachusetts  Agri- 
cultural Society,  at  Brighton,  in  October  last,  reflect  honor 
on  the  artist  and  our  country.  They  do  more ;  they  de- 
monstrate our  capacities  for  prosecuting,  successfully,  some 
of  the  most  useful  branches  of  manufactures  from  domestic 
materials,  and  inspire  the  hope,  that,  at  no  far  distant  pe- 
riod, our  domestic  demands  and  supplies  will  be  commen- 
surate. The  facilities  with  which  Massachusetts  abounds 
for  effecting  a  vast  extension  to  these,  and  many  other  kinds 


GOVERNOR'S  MESSAGE.  655 

of  manufactures,  are  satisfactory  pledges  of  their  future 
attainmeuts.  And,  I  may  add,  that  the  numerous  and  inex- 
haustable  sources  of  water  power,  in  the  District  of  Maine, 
superadded  to  extensive  tracts  of  fertile  soil,  and  unequal- 
ed  advantages  for  inland  as  well  as  marine  navigation,  desig- 
nates that  country  as  the  destined  seat  of  improvements, 
and  of  wealth.  Peace  and  good  governments,  with  which, 
under  the  smiles  of  Heaven  we  are  blessed,  will  accelerate 
that  desirable  period. 

While  adverting  to  these  objects,  I  might  notice  many  other 
branches  of  manufactures  and  useful  labor,  which  give  em- 
ployment to  numerous  artizans  and  their  families,  are  in  a 
state  of  progressive  improvement,  and  the  sources  of  pub- 
lic convenience  and  domestic  comfort.  But  I  will  detain 
you  only  a  moment  on  one  of  the  most  important  branches 
of  the  useful  arts — -naval  architecture.  Nothing,  I  am 
sensible,  need  be  urged  to  impress  your  minds  with  a  sense 
of  the  inestimable  value  of  this  art,  as  a  source  of  private 
wealth,  of  public  revenue  and  national  aggrandizement  : 
And,  I  should  hardly  venture  to  suggest  the  subject,  were  it 
not  from  a  serious  conviction  of  the  deep  interest  the  people 
of  this  State  have  in  this  great  branch  of  productive  labor 
and  political  economy.  The  official  statements  of  the  De- 
partment of  the  Treasury,  assign  to  Massachusetts,  about 
one  third  part  of  the  whole  amount  of  tonnage  of  the  United 
States.  To  maintain  this  ratio,  and  if  practicable,  to  in- 
crease it,  an  inquiry  into  the  means  of  doing  it,  and  espe- 
cially an  examination  of  the  productiveness  and  permanence 
of  the  sources  whence  the  materials  for  ship  building  are  to 
be  derived,  becomes  necessary.  Their  abundance  hereto- 
fore, has  led  to  prodigality  and  waste.  Ship  timber  is  daily 
becoming  less  plenty ;  and  the  increased  demand,  suggests 
the  expediency,  if  not  the  indispensable  necessity,  of  artifi- 
cial aids  for  its  reproduction.  The  great  length  of  time  re- 
quired for  forest  trees  to  reach  maturity,  and  the  little  at- 
tention individuals  are  disposed  to  bestow  upon  interests 
precarious  and  remote,  are  conclusive  considerations  to  jus- 
tify the  interposition  of  Legislative  encouragement.  The 
forecast  of  government  only,  can  guard  the  body  politic  from 
the  evils  of  private  improvidence.  From  the  present  limited 
quantity  of  the  oak,  would  it  not  be  prudent  at  least,  to 
adopt  some  prospective  measures  to  ensure  a  succession  of 
that  essential  material?    The  prosperity  of  this  State  must. 


656  GOVERNOR'S  MESSAGE. 

and  the  safety  of  the  nation  may,  at  some  future  period,  be 
seriously  affected  by  a  destitution  of  so  important  an  ingre- 
dient in  naval  architecture.  Might  not  a  moderate  endow- 
ment of  the  Massachusetts  Agricultural  Society,  applied  to 
this  specific  object,  be  competent  to  its  ultimate  accomplish- 
ment ? 

In  connexion  with  the  subject  of  woollen  manufactures, 
so  important  to  the  people  of  this  State,  I  am  unwilling  to 
suffer  the  present  occasion  to  pass,  without  referring  to  the 
advantages  possessed  by  this  State,  for  raising  and  improving 
sheep.  However  individuals  might  suffer,  from  large  spec- 
ulations in  Spanish  flocks,  their  introduction  might  be  con- 
sidered as  highly  auspicious  to  our  manufacturing  interests. 
Should  this  subject  be  deemed  worthy  the  patronage  of  the 
Legislature,  in  addition  to  the  encouragement  given  through 
the  channel  of  the  Agricultural  Societies  of  the  State,  I 
should  cheerfully  concur  in  any  measures  calculated  to 
effectuate  the  object. 

To  regulate  commerce,  is  the  exclusive  prerogative  of 
the  National  Government.  Every  system  of  commercial 
regulations,  must  stand  or  fall,  by  its  results.  Commerce 
being  of  vital  importance  to  the  people  of  Massachusetts, 
they  must  necessarily  be  alive  to  whatever  can  accelerate 
or  retard  its  activity. 

They,  too,  ever  ready  to  render  the  tribute  of  gratitude 
and  respect  when  it  is  due,  as  vigilant  to  guard  their  rights, 
derive  high  satisfaction  from  the  national  system  of  com- 
mercial laws,  now  in  successful  operation,  under  the  aus- 
pices of  the  illustrious  Chief  Magistrate  of  theUnited  States, 
whose  administration  commands  our  confidence  and  appro- 
bation. The  flourishing  and  happy  condition  of  our  be- 
loved country,  both  public  and  private,  is  the  best  comment, 
and  the  highest  eulogy,  that  can  be  addressed  to  the  wis- 
dom of  our  National  Councils.  What  but  wise  laws — laws 
adapted  to  the  circumstances  of  the  different  sections  of  the 
United  States,  and  to  their  relation  with  foreign  nations, 
could  impart  such  force  and  activity  to  the  energies  of  our 
citizens,  as  is  now  witnessed  ?  J3y  a  happy  adaptation, 
and  faithful  execution  of  commercial  regulations,  the  sev- 
eral departments  of  agriculture,  of  the  fisheries,  manufac- 
tures, navigation,  and  trade,  are  in  a  state  of  vivid  action, 
mutually  supporting  and  supported  by  each  other.  And  so 
accurately  do  the  several  great  branches  of  political  econo- 


GOVERNOR'S  MESSAGE.  657 

my  appear  to  be  balanced,  that  any  essential  change  in  tlie 
adjustment  of  either,  might  destroy  the  equilibrium.  Facts 
speak  a  language  intelligible  and  decisive.  The  lucrative 
results  of  our  mercantile  intercourse  with  other  nations,  can- 
not be  misconstrued.  They  can  only  be  elaborated  under 
the  protection  of  good  laws,  by  the  enterprize  and  profes- 
sional skill  of  our  citizens.  Capital  is  the  offspring  of 
trade  ;  and  by  encouraging  the  fisheries,  and  an  active  for- 
eign commerce,  besides,  that  a  prolific  source  of  seamen  for 
the  national  navy  is  substantiated,  importations  from  other 
nations  yield  a  copious  revenue,  and  the  gains  of  the  mer- 
chant constitute  a  fund  of  private  wealth,  which  the  govern- 
ment, faithful  to  its  engagements,  may  at  pleasure  command. 
If,  under  existing  regulations,  men  engaged  in  commer- 
cial pursuits  are  seen  to  suffer  embarrassment  and  distress, 
the  causes  must  be  elsewhere  sought  than  in  the  laws. 
Trading  without,  or  on  artificial  capital,  is  their  too  fre- 
quent origin.  What  agency  the  multiplication  of  banks, 
and  the  consequent  increase  of  bank  paper,  may  have  in 
occasioning  eventual  perplexity  and  failure,  I  am  not  pos- 
sessed of  sufficient  data  to  enable  me  to  ascertain.  Evils 
of  this  class,  however,  occurring  in  districts  of  country 
where  the  elements  of  banking  are  comprehended  and  duly 
appreciated,  and  where  banks  are  established  on  maxims  of 
justice,  and  regulated  in  their  operations  by  fair  and  hon- 
orable considerations,  must  be  transient  and  partial.  In 
situations,  where  much  business  being  done,  money  is  often 
changing  hands,  and  individuals  may  be  benefited  by  short 
loans,  the  utility  of  banks  seems  to  be  conceded.  But  in 
free  governments,  the  rights  of  all  the  people  are  committed 
equally  to  the  guardian  care  of  the  Legislature,  and  all  have 
equal  claims  to  its  protection.  Monopolies  and  exclusive 
privileges  are  admissible,  only  as  means  of  obtaining  some 
great  good,  in  which  the  whole  community  has  an  ultimate 
interest,  and  which  can  by  no  other  expedient  be  so  well 
effected.  Hence  the  fitness  of  limiting  the  charters  of  banks 
in  their  duration  ;  and  hence  likewise  the  duty  of  the  Legis- 
lature, while  it  gives  perfect  security  to  bank  stock,  to  re- 
strain those  institutions  from  transcending  the  rules  of  jus- 
tice and  good  faith,  and  of  securing  the  people  at  large 
from  deception,  and  the  complicated  evils  of  a  redundant 
and  depreciated  paper.  In  concluding  my  remarks  on  this 
subject;  I  feel  sincere  satisfaction  in  expressing  what  I  deem 


658  GOVERNOR'S  MESSAGE. 

to  be  due  to  the  banking  establishments  of  this  metropolis, 
and  of  Massachusetts  generally,  the  high  sense  I  entertain 
of  the  correct  and  honorable  manner  in  which  their  con- 
cerns, in  times  of  peril  and  extreme  pressure,  have  been 
administered. 

An  inflexible  perseverance  in  the  principles  upon  which 
the  banks  of  the  Commonwealth  were  incorporated,  is  indis- 
pensably necessary  to  maintain  the  utility  of  those  institu- 
tions, and  to  avert  the  mischiefs  which  a  dereliction  of  those 
principles  are  seen  to  produce. 

A  resolve  passed  the  Legislature  on  the .  thirteenth  day 
of  February,  one  thousand  eight  hundred  and  eighteen,  au- 
thorizing the  Governor,  with  the  advice  of  Council,  to  ap- 
point  and  commission  three  suitable  persons  to  treat  with 
the  Penobscot  Indians,  for  the  purpose  of  examining  into 
the  circumstances  and  situation  of  the  said  tribe,  and  the 
lands  they  possess,  and  devising  and  arranging  some  means 
for  improving  their  condition,  as  men,  and  of  agreeing  with 
them  for  a  relinquishment  of  their  right  and  claim  to  such 
parts  of  the  land,  on  both  sides  of  the  Penobscot  River,  and 
such  islands  in  said  river,  as  the  tribe  now  possess  or  claim, 
and  shall  be  inclined  voluntarily  and  freely  to  dispose  of, 
for  an  equivalent  to  be  agreed  upon  with  them  ;  and  for 
other  purposes  specified  in  the  resolve.  Conformably  to  the 
powers  vested  in  me,  by  the  said  resolve,  the  Honorable 
Edward  H.  Robbins,  the  Honorable  Daniel  Davis,  and  the 
Honorable  Mark  L.  Hill,  were  appointed  and  commission- 
ed to  carry  into  effect  the  intentions  of  the  Legislature. 
The  Commissioners  accordingly  proceeded  to  Bangor,  at 
the  time  assigned  in  the  resolve ;  and  having  met  and  con- 
ferred with  the  Chiefs,  Captains,  and  men,  representing  the 
the  whole  tribe,  on  the  twenty-ninth  day  of  June,  one  thou- 
sand eight  hundred  and  eighteen,  they  concluded  a  treaty, 
which,  with  some  extracts  of  a  letter  from  the  First  Com- 
missioner of  the  Land  Office,  dated  the  ninth  instant,  con- 
nected with  the  subject  of  the  treaty,  will  now  be  laid  be- 
fore you. 

By  a  resolve  that  was  passed  on  the  thirteenth  of  June, 
one  thousand  eight  hundred  and  eighteen,  the  Governor, 
with  advice  of  the  Council,  was  authorized  and  requested 
to  appoint  an  Officer  of  the  militia,  to  attend,  in  behalf  of 
the  Commonwealth,  at  the  surrender  of  Moose,  Dudley  and 
Frederick  Islands ;  and  to  take  such  other  measures  in  rela- 


GOVERNOR'S  MESSAGE.  659 

tion  thereto,  as,  in  his  judgment,  the  interest  and  dignity  of 
the  Commonwealth  might  require.  Pursuant  to  that  resolve, 
Lieutenant  Colonel  Henry  Sargent  was  appointed  to  attend 
the  surrender  of  those  islands,  by  the  British  govern- 
ment, to  the  government  of  the  United  States  ;  and  accord- 
ingly proceeded  to  Moose  Island,  in  company  with  General 
Miller,  who  was  authorized  by  the  President  of  the  United. 
States  to  receive  the  same  in  their  behalf;  and,  agreeably 
to  his  instructions,  performed  the  duties  of  his  appointment. 
A  copy  of  those  instructions,  and  of  his  report^  will  be  com- 
municated to  you. 

It  will  be  proper  for  me  to  state,  that  the  company  of 
artillery,  and  the  company  of  light  infantry,  at  Eastport, 
are  reorganized  ;  and  that  the  muskets  and  accoutrements, 
received  by  Colonel  Sargent  from  the  officer  commanding 
the  British  troops  at  Eastport,  are  placed  in  the  hands  of 
the  Selectmen  of  that  town,  subject  to  your  directions. 
After  possession  was  obtained  of  the  several  islands,  asf 
above  mentioned,  a  proclamation,  announcing  the  event,  and 
calling  on  all  the  citizens,  and  more  especially  all  public 
officers,  duly  to  notice  the  same,  was  issued  ;  a  copy  of 
which,  together  with  all  the  documents  referred  to  in  this 
communication,  will  be  laid  before  you  by  the  Secretary. 

During  the  recess,  I  received  a  letter  from  each  of  the 
Governors  of  the  States  of  New  Hampshire,  Connecticut, 
New  York,  Ohio,  and  Missisippi,  accompanied  by  sundry 
resolves  of  the  Legislatures  of  those  States  respectively, 
relating  to  several  proposed  amendments  in  the  Constitu- 
tion of  the  United  States,  which  communications  are  now 
submitted  to  you. 

The  Secretary  will  also  lay  before  you,  an  exhibit  of  the 
state  of  the  treasury,  on  the  first  day  of  the  present  month, 
presented  to  me  by  the  Treasurer,  for  your  inspection. 
From  the  magnitude  of  some  items  of  debts  due  to  the  Com- 
monwealth, you  may  probably  deem  it  adviseable  to  insti- 
tute an  inquiry  into  their  actual  situation.  The  small  amount 
of  outstanding  taxes  in  the  hands  of  Collectors,  and  the  re- 
spectable sum  of  each,  on  hand,  in  the  Treasury,  at  the 
above  mentioned  date,  are  highly  creditable  to  that  depart- 
ment. The  exhibit  shews  that  the  Treasurer  has  had  no 
occasion  to  avail  himself  of  any  part  of  the  fifty  thousand 
dollars,  he  was  authorized  to  borrow,  by  a  resolve  of  the 
tenth  of  June  last ;  that  the  debt  of  the  State  is  reduced  to 
99 


660  GOV^ERNOR'S  MESSAGE. 

five  hundred  forty- nine  thousand,  eight  hundred  and  seven- 
teen dollars,  and  thirteen  cents  ;  that,  exclusive  of  bonds  and 
notes  due  to  the  State,  from  individuals,  the  Treasurer  holds 
United  States  deferred  six  per  cent,  stock,  one  hundred  fifty- 
five  thousand,  six  hundred  and  eighteen  dollars  and  eighty- 
nine  cents  ;  new  six  per  cent,  stock,  nine  thousand,  nine 
hundred  and  one  dollars  and  fifty-nine  cents ;  seven  per 
cent,  sixty-nine  thousand,  one  hundred  and  eighty-seven 
dollars  ;  and  of  three  per  cent,  two  Imndred  forty-nine  thou- 
sand, one  hundred  and  eighty-seven  dollars  ;  so  that,  es- 
timating these  various  descriptions  of  stock,  at  the  current 
value,  they  would  produce  an  aggregate  of  about  three 
hundred  ninety-eight  thousand,  four  hundred  dollars ;  con- 
sequently the  total  amount  of  the  present  debt  of  the  State, 
and  that  at  five  per  cent,  interest  per  annum,  laying  out  of 
the  account  the  exceptions  above  mentioned,  and  including 
the  above  mentioned  stocks,  may  be  stated  at  about  one 
hundred  fifty-two  thousand  dollars. 

Notwithstanding,  however,  this  favorable  view  of  the 
treasury,  the  present  limited  system  of  taxation  must  ne- 
cessarily restrain  our  fiscal  operations  to  the  support  of 
government,  and  the  payment  of  the  interest  of  the  debt. 
The  question,  therefore,  recurs,  whether  some  new  source 
of  revenue  ought  not  to  be  provided  by  the  Commonwealth 
for  the  payment  of  the  principal  of  the  debt_,  for  the  encour- 
agement of  agriculture,  the  fisheries,  the  arts,  and  other 
objects  of  public  improvement  and  general  utility,  which 
should  be  worthy  of  herself,  and  serve  to  awaken,  into  greater 
activity,  the  resources  and  the  best  energies  of  the  State  ? 

JOHN  BROOKS. 

Council  Chamher,  January  14,  1819. 


RESOLVES. 


JANUARY  AND  FEBRUARY,  1819. 


CHAP.  CCIII. 


Mesolve  on  the  petition  of  Samuel  Spra^uef  praying  for 
permission  to  cover  part  of  his  brick  house  with  clap- 
boards.    Jauuary  l6thj  1819. 

Resolved f  That  the  said  house  may  be,  and  remain  cov- 
ered with  clapboards,  as  aforesaid,  any  law  to  the  contrary 
notwithstanding  :  Provided^  however^  that  whenever,  in  the 
opinion  of  the  Firewards  of  the  town  of  Boston,  the  secu- 
rity of  the  said  town  from  fire,  shall  require  that  the  said 
covering  of  said  house  shall  be  removed,  and  upon  notice 
thereof  given,  the  said  Samuel  Sprague,  or  any  other  per- 
son holding  the  same  house,  shall  forthwith  remove  the 
said  covering  therefrom. 


CHAP.  CCIV. 

Resolve  granting  the  Qiiarter  Master  General  S2580,50, 
to  pay  for  articles  supplied  the  Commissioners  appointed 
to  treat  with  the  Penobscot  Indians,     January  20th,  1819. 

Whereas,  Tjy  a  resolve  passed  on  the  thirteenth  of  Feb- 
ruary, one  thousand  eight  hundred  and  eighteen,  the  Quar- 
ter Master  General  was  directed  to  furnish  the  Commission^ 


662  J.  KUHX.—JajJ.  20,  1819. 

ers.  appoiuted  by  said  resolve,  to  treat  ^vitli  the  Penobscot 
Indians,  with  sach  articles  as  should  be  required  by  the 
said  Commissioners,  to  enable  them  to  pursue  and  effect 
the  business  of  their  appointment :  and  it  appearing  by  the 
representation  of  the  Quarter  Master  General,  that,  in  obe- 
dience to  tbe  requisitions  of  said  resolve,  he  hath  furnished 
said  Commissioners  v»ith  sundry  articles,  amounting  to  two 
thousand  five  hundred  and  eighty  dollars  and  fifty  cents, 
for  the  payment  of  which  sum  no  appropriation  has  been 
made  :  be  it  therefore 

Resolved.  That  there  be  allowed  and  paid  out  of  the 
treasury  of  this  Commonwealth,  the  sum  of  two  thousand 
five  hundred  and  eiglity  dollars  and  fifty  cents,  to  Amasa 
Davis.  Esquire,  Quarter  Master  General,  the  same  being 
the  amount  of  supplies  furnished  by  him  as  aforesaid,  and 
that  his  Excellency  the  Governor,  by  and  with  the  advice 
of  Council  be.  and  he  hereby  is  requested  to  draw  his  war- 
rant on  the  treasury,  in  favor  of  the  said  Davis,  for  the 
said  sum. 


CHAP.  CCV. 

Resolve  granting  S300  to  Jacob  Kiihn,  to  purchase  Fuel. 
January  20th,  1819. 

Unsolved,  That  there  be  paid  out  of  the  treasury  of  this 
Commonwealth  to  Jacob  Kuhn,  Messenger  of  the  General 
Court,  the  sum  of  three  hundred  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  Gover- 
nor and  Council  Chamber,  the  Secretary's,  Treasurer's,  Ad- 
jutant General's,  and  Quarter  Master  General's  OflBces, 
and  also  for  the  Land  OfBee  ;  he  to  be  accountable  for  the 
expenditure  of  the  same. 


A.  F.  HUMPHREYS,  &c.— Jan.  20,  1819.       663 


CHAP.  CCYI. 

Resolve  authorizing  Ann  Frances  HumphreySf  to  hold  and 
dispose  of  certain  real  estate.     January  20th,  1819. 

On  the  petition  of  Ann  Frances  Humphreys,  praying, 
that  having  been  born  in  a  foreign  country,  she  may  be  per- 
mitted to  hold  real  estate,  devised  to  her  by  the  last  will 
and  testament  of  her  late  husband,  General  David  Hum- 
phreys, deceased  ; 

Resolved,  That  said  Ann  Frances  Humphreys  be,  and 
hereby  is  authorized  and  empowered  to  hold  all  the  real 
estate  within  this  Commonwealth,  so  devised,  according  to 
the  intent  and  meaniug  of  said  devise,  with  the  same  pri- 
vileges of  disposing  the  same  by  deed,  or  by  her  last  will 
and  testament,  and  of  transmitting  the  same  to  her  heirs, 
as  if  she  were  a  native  born  citizen  of  this  Commonwealth. 


CHAP.  CCYII. 

Resolve  authorizing  David  Ripley,  Guardian  of  Roger 
•Vezrfon,  a  minor,  to  convey  certain  real  estate  of  his  said 
Ward,     January  21st,  1819. 

On  the  petition  of  David  Kipley,  of  Greenfield,  in  the 
County  of  Franklin,  Guardian  of  Koger  Newton,  a  minor, 
grand  sou  of  Roger  Newton,  late  of  said  Greenfield,  D.  D. 
deceased. 

Resolved,  For  reasons  set  forth  in  the  petition  aforesaid, 
the  said  David  Ripley  be.  and  he  is  hereby  authorized  and 
empowered,  by  deed,  under  his  hand  and  seal,  to  convey 
to  Jonathan  Leavitt,  and  others  his  associates,  for  the  pur- 
pose of  erecting  the  Second  Congregational  Meeting  House 
in  Greenfield,  aforesaid,  tlieir  heirs  and  assigns,  a  small 
parcel  of  land,  situate  in  Greenfield,  aforesaid,  which  the 
said  Roger  Newton,  deceased,  by  his  last  will  and  testa- 
ment, devised  to  the  said  minor  :  which  land  is  bounded 
north  by  land  whicli  the  said  Jonathan  Leavitt  and  others, 
purchased  of  Isaac  Newton,  2d  :  south  by  land  of  John 


664  I>.  RIPLEY.— Jaw.  SI,  1819. 

E.  Hall  ;  east  by  the  highway;  and  west  by  laud  of  the 
said  Isaac  Newton,  2d.  And  the  said  deed,  executed  as 
aforesaid,  shall  give  to  the  said  Jonathan  Leavitt  and  others, 
all  the  right,  title  and  estate  which  the  said  minor  has,  or 
may  have,  in  and  to  the  premises,  to  hold,  to  tliem,  tlieir 
heirs  and  assigns,  as  tenants  in  common,  in  proportion  to 
their  respective  shares  in  the  meeting  house,  aforesaid  : 
Provided^  that  before  such  conveyance,  the  said  Jonathan 
Leavitt  and  others,  shall  procure  Isaac  Newton,  2d,  of 
Greenfield,  aforesaid,  to  deliver  to  him,  the  said  David 
Ripley,  for  the  use  of  the  said  minor,  a  good  and  sufficient 
deed  of  warranty,  duly  executed  and  acknowledged  by 
him,  the  said  Isaac,  conveying  to  the  said  minor,  his  heirs 
and  assigns,  a  certain  parcel  of  land  situate  in  Greenfield, 
aforesaid,  on  the  south  side  of  the  main  street,  bounded  as 
follows  :  beginning  at  the  north-west  corner  of  Timothy 
Hall's  land  :  thence  westerly  on  said  street,  fourteen  rods 
and  twenty-one  links,  to  a  stake  ;  thence  south,  three  de- 
grees and  thirty  minutes  west,  eight  rods  to  a  stake  ;  thence 
south,  twenty-one  degrees,  thirty  minutes  west,  eight  rods 
and  fourteen  links,  to  an  elm  tree  ;  thence  south,  sixteen 
degrees,  forty  minutes  west,  six  rods,  twenty-one  links,  to  a 
stake  ;  thence  east,  two  degrees  north,  eight  rods  to  an  oak 
tree  ;  thence  north,  twenty- three  degrees  east,  three  rods 
and  twenty-two  links,  to  an  oak  tree  ;  thence  north,  forty- 
six  degrees  east,  three  rods  and  thirteen  links,  to  a  maple 
tree  ;  thence  northerly  and  easterly,  partly  on  land  of  said 
Isaac  Newton,  and  partly  on  the  old  burying  ground,  about 
twelve  rods,  to  a  stake,  in  range  with  the  west  line  of  Tim- 
othy HalFs  land  ;  thence  norXh,  six  degrees  west,  partly  on 
said  Isaac  Newton's  land,  and  partly  on  said  Hall's  land, 
ten  rods,  to  the  place  of  beginning  ;  containing  by  estima- 
tion, one  and  three  fourths  acres  ;  reserving  to  Hannah 
Newton,  of  Greenfield,  aforesaid,  widow^,  the  mother  of  the 
said  minor,  the  same  rights  in  the  land  last  described,  w  ith 
the  buildings  thereon,  which,  by  virtue  of  the  last  will  and 
testament  of  the  said  Roger  Newton,  deceased,  she  has,  or 
may  have,  in  the  premises,  which  the  said  Guardian  is 
herein  authorized  to  conveys :  Provided,  also,  that  the  said 
Jonathan  Leavitt  and  others,  shall  give  sufficient  security  to 
the  said  David  Ripley,  for  the  use  of  the  said  minor,  that, 
when  the  said  meeting  house  shall  have  been  erected  and 
finished,  they  will  convey  or  cause  to  be  conveyed  to  the 


SARAH  CLEAVES  — Jan.  23,  1819.  665 

said  minor,  his  heirs  and  assigns,  a  pew  in  the  said  meet- 
ing house,  of  the  value  of  one  hundred  dollars  ;  that  they 
will,  in  six  months,  build  or  cause  to  be  built,  a  suitable 
fence  to  enclose  the  garden  appurtenant  to  the  house, 
standing  on  said  land,  so  as  aforesaid  to  be  conveyed  by 
the  vaid  Isaac  Newton  to  the  said  minor  ;  and  that  they 
will,  ^\jthin  a  reasonable  time,  build,  or  cause  to  be  built, 
one  half  of  the  division  fence  on  the  dividing  line  between 
the  said  land  and  the  adjoining  lands. 


CHAP.  CCVIII. 

Resolve  authorizing  Sarah  Cleaves  to  convey  real  estate. 
January  22d,  1819. 

On  the  petition  of  Sarah  Cleaves,  of  Biddeford,  in  the 
County  of  York,  widow.  Administratrix  on  the  estate  of 
Daniel  Cleaves,  late  of  said  Biddeford,  Esquire,  deceased, 
intestate,  praying  that  she  may  be  authorized  and  empow- 
ered to  make  and  execute  good  and  sufficient  deeds  of 
several  farms  and  tracts  of  land,  to  several  persons,  as  men- 
tioned and  described  in  said  petition,  according  to  the  sev- 
eral contracts  made  and  entered  into  by  said  deceased,  in 
his  life  time ; 

Resolved,  That  the  said  Sarah  Cleaves,  Administratrix,  as 
aforesaid,  be,  and  she  is  hereby  authorized  and  empowered 
to  make  and  execute  good  and  sufficient  deeds  to  the  several 
persons  herein  named,  of  the  several  farms,  tracts  and  parcels 
of  land  hereafter  m&niioued',  provided,  said  persons  shall  pay 
the  several  sums  of  money,  and  otherwise  comply  with 
their  said  contracts  made  by  and  between  them,  respectively, 
and  said  deceased,  viz  :  To  Daniel  Cole,  of  Saco,  a  farm 
purchased  of  said  Cole,  by  deed,  dated  the  twenty-first 
day  of  December,  A.  D.  one  thousand  eight  hundred  and 
fifteen  ;  to  Tristam  Jordan,  Junior,  a  lot  or  tract  of  land, 
purchased  of  said  Jordan,  by  deed,  dated  the  eighth  day 
of  January,  one  thousand  eight  hundred  and  six  ;  to  Ste- 
phen Thompson,  two  tracts  of  land,  purchased  of  Thomas 
Cloutman,by  deed,  datedDecember  tenth,  one  thousand  eight 
hundred  and  six  ,  to  Jpvmes  Curry,  a  tract  of  land,  purchased 


666         SARAH  CLEAVES.— Jaw.  23,  1819- 

of  James  Gray,  Esquire,  by  deed,  dated  the  twenty- seventh 
day  of  November,  one  thousand  eight  hundred  and  ten  ; 
to  Nathaniel  Dunn,  a  lot  or  tract  of  laud,  purchased  of 
said  Dunn,  by  deed,  dated  the  sixth  day  of  December,  one 
thousand  eight  hundred  and  five:  to  Joshua  Hearle,  Jun- 
ior, and  Aaron  Bragdon,  a  tract  of  land,  purchased  of  Ja- 
cob Hearle.  by  deed,  dated  the  twenty-eighth  day  of  De- 
cember, one  thousand  eight  hundred  and  three  :  to  Stephen 
Irish,  a  lot  or  parcel  of  land,  purchased  of  said  Irish,  by 
deed,  dated  the  eleventh  day  of  June,  one  thousand  eight 
hundred  and  six  :  to  William  Owens,  one  half  of  a  mill 
privilege,  purchased  of  Steplicu  Hopkinson,  by  deed,  dated 
the  twentieth  day  of  November,  one  thousand  eight  hun- 
dred and  six  :  to  James  Hopkinson,  six  twenty-fourths  of 
a  mill  privilege,  purchased  of  Stephen  Hopkinson,  by  deed, 
dated  the  twentieth  of  November,  one  thousand  eight  hun- 
dred and  six :  to  Tristram  Morrill,  a  tract  of  land,  pur- 
chased of  said  Morrill,  by  deed,  dated  the  fourteenth  day 
of  August,  one  thousand  eight  hundred  and  two  ;  to  Israel 
Buker,  a  tract  of  land  and  house,  purchased  of  Samuel 
CoUyer,  by  deed,  dated  the  first  day  of  November,  one 
thousand  eight  hundred  and  eight :  to  Amos  Woodman,  and 
Samuel  Lane,  a  lot  of  land,  purchased  of  Joseph  Littlefield, 
and  Jotham  Moulton,  by  deed,  dated  the  second  day  of 
November,  one  thousand  eight  hundred  and  two  :  to  Sam- 
uel Davis,  two  tracts  of  land,  purchased  of  said  Davis, 
by  deed,  dated  the  eleventh  day  of  March,  one  thousand 
eight  hundred  and  fourteen  :  to  Joseph  Smith,  5th,  thirty 
acres  of  land,  off  the  north-east  end  of  a  lot,  containing  one 
hundred  and  eighty  acres,  purchased  of  George  Frost,  by 
deed,  dated  the  twentieth  day  of  November,  one  thousand 
eight  hundred  and  two  ;  to  Samuel  Lane,  a  tract  of  land, 
purchased  of  said  Lane,  by  deed,  dated  the  first  day  of 
January,  one  thousand  eight  hundred  and  five ;  to  Daniel 
Dennett,  a  quarter  of  an  acre  of  land,  with  a  house  and  store 
thereon  standing,  purchased  of  Theodore  Powers,  by  deed, 
dated  the  sixth  day  of  November,  one  thousand  eight  hun- 
dred and  five  :  to  Francis  Wood,  au  island  near  the  mouth 
of  Saco  River,  called  Negro  Island  ;  to  Joshua  Emery,  a 
tract  of  land,  purchased  of  Samuel  Sands,  by  deed,  dated 
the  thirty. first  day  of  October;  one  thousand  eight  hundred 
and  eight. 


PASSAMAqUOD.  INDIANS.— Jan.  S2,  1819.     667 


CHAP.  CCIX. 

Resolve  making  an  ajjpropriation  for  the  expenses  of  the 
State  Prison.     January  25d,  181 9. 

The  Committee  of  both  Houses,  to  whom  was  referred 
the  petition  of  Gamaliel  Bradford,  praying  for  a  grant  of 
eight  thousand  dollars,  to  defray  the  necessary  expenses  of 
the  State  Prison,  respectfully  report,  that  the  same  ought 
to  be  granted  ;  and  your  Committee  also  report  a  resolve, 
authorizing  the  payment  of  said   sum  from   the   treasury. 

DANIEL  WALDO,  Chairman, 

Resolvedf  That  there  be  allowed  and  paid  oat  of  the 
public  treasury,  for  the  use  of  the  State  Prison,  the  sum 
of  eight  thousand  dollars,  to  be  drawn  from  the  treasury, 
by  the  Warden  of  said  prison,  in  such  sums  as  the  Direc- 
tors shall  from  time  to  time  direct ;  and  his  Excellency  the 
Governor,  with  the  advice  of  Council,  is  hereby  requested 
to  draw  on  the  Treasurer  for  said  sums  accordingly. 


CHAP.  CCX. 

Resolve  malcing  an  appropriation  for  a  Priest  to  the  Pas- 
samaquodd-ij  tribe  of  Indians.      January  22d,  1819. 

On  the  petition  of  Francis  Joseph  Neptune,  Chief  of  the 
Penobscot  and  Passamaquoddy  tribes  of  Indians, 

Resolved.  That  the  sura  of  three  hundred  and  fifty  dol- 
lars be,  and  the  same  is  hereby  appropriated,  for  the  pay- 
ment of  a  Teacher  of  Religion,  or  Priest,  conformably  to 
the  religious  sentiments  or  persuasion  of  the  said  tribes  ; 
and  that  the  Governor  of  this  Commonwealth  be,  and  he 
hereby  is  authorized,  by  and  with  the  advice  of  Council, 
to  appoint  a  suitable  Teacher,  or  a  Priest,  above  mentioned, 
and  also  to  draw  annually,  his  warrant  on  the  treasury  for 
the  payment  of  the  sura  herein  before  appropriated. 
100 


668      TAXES  IN  EASTPORT.—Jaw.  23,  1819. 


CHAP.  CCXI. 

JResolve  abating  Taxes  to  the  toivn  of  EastjJort. 
January  23d,  1819. 

The  Committee  to  whom  was  referred  the  petition  of 
the  inhabitants  of  the  town  of  Eastport,  in  the  County  of 
Washington,  praying  for  an  abatement  of  taxes  for  the 
year  one  thousand  eight  hundred  and  fourteen,  fifteen,  six- 
teen, seventeen,  and  eighteen,  find  that  said  town  was  un- 
der the  exclusive  jurisdiction  of  the  government  of  Great 
Britain,  from  the  eleventh  day  of  July,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  fourteen,  until  the 
thirtieth  day  of  June,  one  thousand  eight  hundred  and 
eighteen,  and  that  no  protection  was  extended  to  the  inhab- 
itants, or  jurisdiction  exercised  over  them,  by  the  govern- 
ment of  this  Commonwealth,  for  said  period  of  time  ;  where- 
upon they  report  the  following  resolve. 

S.  LELAND,  Chairman, 

llesolvedj  That  all  State  Taxes  apportioned,  levied,  and 
assessed,  upon  the  town  of  Eastport,  in  the  County  of 
AVashington,  or  the  inhabitants  thereof,  for  the  years  of 
our  Lord  one  thousand  eight  hundred  and  fifteen,  one 
thousand  eight  hundred  and  sixteen,  one  thousand  eight 
hundred  and  seventeen,  and  one  thousand  eight  hundred 
and  eighteen,  except  the  sum  of  eighty-six  dollars  of  the 
tax  of  the  year  one  thousand  eight  hundred  and  fifteen, 
being  the  sum  paid  out  of  the  treasury  of  the  Common- 
wealth, to  the  Representative  to  the  General  Court,  from  said 
town,  for  the  political  year  one  thousand  eight  hundred  and 
thirteen,  be,  and  the  same  are  hereby  abated  and  remitted ; 
and  all  executions,  extents,  or  warrants  of  distress,  which 
have  issued  for  the  collection  of  said  taxes,  for  the  years 
one  thousand  eight  hundred  and  sixteen,  one  thousand 
eight  hundred  and  seventeen,  and  one  thousand  eight  hun- 
dred and  eighteen,  be,  and  the  same  are  hereby  annulled  : 
and  the  execution,  extent,  or  warrant  of  distress,  issued  for 
the  collection  of  taxes  for  the  year  one  thousand  eight 
hundred  and  fifteen,  be,  aud  the  same  is  hereby  satisfied, 
for  all  sums  due  thereon,  except  said  sum  of  eighty-six 
dollars,  aud  such  costs  as  have  arisen  in  consequence  of 
the  non  payment  of  said  sum. 


HARWICH,  &C.—D.  MEAD.— Jaw.  28,  1819.     669 


CHAP.  CCXII. 

Resolve  authorizing^  the  towns  of  Harivich,    Orleans,  and 
Brewster,  to  sell  certain  Lands,     January  37th,  1819. 

On  the  petition  of  the  committees  of  the  towns  of  Har- 
wich, Orleans,  and  Brewster,  in  the  County  of  Barnsta- 
ble, and  for  resous  set  forth  in  said  petition, 

Resolved,  That  Solomon  Freeman,  Abraham  Winslow, 
Simeon  Kingman,  VV  illiam  Myrick,  Isaiah  Chase,  Jere- 
miah Walker,  and  James  Long,  committees  of  the  said 
towns  of  Harwich,  Orleans  and  Brewster,  be,  and  they  are 
hereby  authorized  and  empowered,  in  behalf  of  said  towns, 
to  sell  all  the  Avood  land  or  brush  land,  and  cleared  land, 
(not  before  disposed  of)  lying  in  the  limits  of  said  towns, 
formerly  belonging  to  the  Potawumacut  tribe  of  Indians, 
either  at  private  sale,  or  public  auction,  as  the  committees 
aforesaid  shall  think  most  advantageous  for  the  interest  of 
said  towns  :  And  the  committees  aforesaid  be,  and  they 
are  hereby  authorized  and  empowered,  good  and  sufficient 
deed  or  deeds  thereof  to  make,  execute  and  deliver,  to  the 
purchaser,  or  purchasers  of  the  same,  according  to  law  ; 
and  that  the  proceeds  of  said  land,  when  sold,  be  equally 
divided  betwixt  the  three  towns  aforesaid  ;  and  by  the  re- 
spective committees  of  the  towns  aforesaid,  deposited  in  the 
several  town  treasuries  of  said  towns,  for  the  support  of 
said  Indians,  now  chargeable,  or  that  may  hereafter  be- 
come charsieable  to  said  towns. 


CHAP.  CCXIII. 

Resolve  granting  S30  to  David  Mead,  for  expenses  oc- 
casioned hy  a  ivound  received  ivhen  on  Military  Duty. 
January  28th,  1819. 

Resolved,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  this  Commonwealth,  to  David  Mead,  thirty 
dollars,  in  full  for  expenses  and  loss  of  time,  from  a  wound 
he  received  from  the  discharge  of  a  musket,  while  on  military 
duty. 


670  JACOB  qUINCY,— Jaw.  28,  1819. 


CHAP.  CCXIV. 

Resolve  on  petition  of  Benjamin   Harris,  authorizing  John 
.   Fullerton,  as  Guardian,  to  execute  a  Deed. 
January  28th,  1819. 

On  the  petition  of  Benjamin  Harris,  of  Bootlibay,  in  the 
County  of  Lincoln,  setting  forth  a  contract  made  between 
hira  and  one  Charles  Fisher,  late  of  said  Boothbay,  wherein 
the  said  Fisher  engaged  to  convey,  by  deed,  to  the  said  Har- 
ris, four  undivided  sixth  parts  of  a  parcel  of  land  described 
in  the  petition;  and  also  setting  forth  the  death  of  said  Fish- 
er, before  the  said  deed  was  executed,  and  praying  that 
John  Fullerton,  of  said  Boothbay,  Guardian  of  the  children 
and  heirs  of  said  Fisher,  all  of  whom  are  minors,  may  be 
empowered  to  convey  the  said  premises,  by  deed,  to  the 
said  Harris,  according  to  the  true  intent  and  meaning  of 
said  contract  ; 

Resolved,  that  the  said  John  Fullerton  be,  and  he  is 
hereby  authorized  to  convey  the  said  premises,  as  described 
in  said  petition,  to  the  said  Benjamin  Harris,  his  heirs  and 
assigns,  forever,  by  a  good  and  sufficient  deed,  to  have  and 
to  hold  the  same  to  him,  his  heirs  and  assigns,  in  as  full 
and  ample  a  manner,  as  if  the  same  had  been  conveyed  by 
the  said  Fisher  in  his  life  time  :  Provided,  however,  that 
the  said  Harris  first  pay  to  said  Fullerton,  for  the  benefit 
of  said  heirs,  any  monies  still  due  from  the  said  Harris,  by 
virtue  of  the  contract  aforesaid. 


CHAP.  CCXV. 

Resolve  on  the  petition  of  Jacob    Q^uincy,  authorizing  Eli. 

zabeth  Baker,  as  Executrix,  to  execute  a  ^uit  Claim, 

January  28th,  1819. 

On  the  petition  of  Jacob  Quincy,  stating  that  on  the  fif- 
teenth day  of  July  last,  he  executed  a  deed  to  Joseph  Ba- 
ker, of  Portland,  in  the  County  of  Cumberland,  since  de- 
ceased, of  a  piece  of  land,  situated  in  Standish;  ia  said 


JOHN  HEA,LD.— Jaw.  28,  1819.  671 

county,  and  bounded  as  follows  :  beginning  on  the  easterly 
side  of  the  road,  by  Eliphalet  Parker's  land  ;  thence  run- 
ning south,  forty-six  degrees  east,  by  said  Parker's  land, 
one  hundred  and  thirty-two  rods,  to  the  corner  of  the  lot  ; 
thence  south,  forty -five  degrees  west,  by  land  of  John  Dean, 
Esquire,  seventy  rods  ;  thence  north,  forty-six  degrees  west, 
thirty-six  rods,  to  the  road  ;  thence  by  said  road,  north, 
seven  degrees  east,  twenty-one  rods,  north  eleven  degrees 
west,  sixty  rods,  and  north,  four  degrees  east,  thirty-eight 
rods,  to  the  first  mentioned  bounds  ;  containing  thirty-five 
acres.  That  by  the  mistake  of  the  person  who  wrote  the 
deed  aforesaid,  the  words,  ^'one  quarter  part,"  of  the  above 
described  land,  were  left  out  in  the  description,  when  it  was 
the  intention  of  both  the  parties,  that  but  one  quarter  part 
thereof  should  be  conveyed,  as  appears  by  a  certificate  of 
the  Executrix  of  said  deceased's  will,  and  the  Guardian  of 
the  heirs  of  said  deceased's  estate  ; 

Resolved,  That  Elizabeth  Baker,  the  Executrix  of  the 
last  will  and  testament  of  the  said  Joseph  Baker,  deceased, 
be,  and  she  is  hereby  authorized  and  empowered  to  give  to 
Jacob  Quincy,  a  release  and  quit  claim  of  three  quarters 
of  the  above  described  land,  to  him  and  his  heirs  and  as- 
signs forever. 


CHAP.  CCXVI. 

Resolve  on  petition  of  John  Heald,  making  valid  his  doings 

as  Administrator  on  the  estate  of  John  Ueald,  deceased. 

January  28th,  1819. 

Resolved,  That  the  doings  of  John  Heald,  Administra- 
tor on  the  estate  of  John  Heald,  late  of  Carlisle,  deceased, 
be,  and  the  same  are  hereby  confirmed,  and  rendered  as 
valid  in  law,  as  they  would  have  been  if  he  had  posted 
two  notifications  of  his  appointment  as  Administrator  as 
aforesaid. 


67^        JURORS.— J.  ALLEN Jan,  m,  1819. 


CHAP.  CCXVIL 

Resolve  directing  the  Cleric  of  the  Circuit  Court  of  Com- 
mon Pleas,  for  the  County  of  Barnstable,  to  issue  Ve- 
mresfor  Grand  Jurors^     January  29th,  1819. 

Whereas  venires  for  Grand  Jurors  to  serve  in  the  Cir- 
cuit Courts  of  Common  Pleas,  are  by  law  required  to  be 
issued  forty  days,  at  least,  before  the  first  day  of  March,  an- 
nually ;  and  whereas,  by  reason  of  the  sickness  and  death 
of  the  late  Clerk  of  the  Circuit  Court  of  Common  Pleas, 
in  the  County  of  Barnstable,  the  venires  for  Grand  Jurors 
to  serve  in  said  Circuit  Court  of  Common  Pleas,  in  and  for 
the  said  County  of  Barnstable,  for  the  current  year,  have  not 
been  seasonably  issued, 

Resolved,  That  the  present  Clerk  of  the  Circuit  Court 
of  Common  Pleas,  in  the  said  County  of  Barnstable,  be, 
and  he  is  hereby  authorized  and  required,  forthwith,  to  issue 
venires  for  Grand  Jurors,  to  serve  in  the  said  Circuit  Court 
of  Common  Pleas,  for  the  said  County  of  Barnstable,  for 
the  current  year,  to  be  served  and  returned  in  the  same 
mianner,  as  though  the  same  had  been  issued  forty  days  be- 
fore the  first  day  of  March  next. 

Be  it  further  resolved,  That  the  persons,  who  may  be 
drawn,  notified  and  returned,  to  serve  as  Grand  Jurors,  by 
virtue  of  the  venires  to  be  issued  in  pursuance  of  this  re- 
solve, are  hereby  authorized  and  required  to  discharge  and 
perform,  in  the  aforesaid  Court,  all  the  duties  of  Grand 
Jurors,  within  and  for  the  said  County  of  Barnstable,  for 
the  current  year,  any  law  to  the  contrary  notwithstanding. 


CHAP.  CCXVIII. 

Resolve  on  the  Memorial  of  the  Honorable  Joseph  Allen. 
January  29th,  1819. 

Resolved,  That  in  addition  to  the  authority  granted  to 
the  Honorable  Joseph  Allen,  by  a  resolve,  passed  February 
fourteenth,  one  thousand  eight  hundred  and  eighteen;  to 


LUCY  ROWELL.— Jfliz.  30,  1819.  673 

sell  and  convey,  by  good  and  sufficient  deed,  or  deeds,  all 
the  right,  title  and  interest  the  Commonwealtii  has  in  cer- 
tain lands  in  Princeton  and  Hubbardston,  in  the  County 
of  Worcester,  conveyed  to  the  Commonwealth,  by  mort- 
gage deeds,  made  and  executed  by  Henry  Prentice  and 
Bartholomew  Cheever,  both  of  said  Princeton,  of  which  the 
right  of  redemption  is  now  foreclosed,  he  be  authorized 
to  give  such  deed  or  deeds,  with  warranty  against  the 
claims  and  demands  of  all  persons. 


CHAP.  CCXIX. 

Resolve   authorizing  Lucy  Rowell  and  her  Children  to  oc- 
cupy Real  Estate,  for  twenty  "years* 
January  30th,  1819. 

On  the  petition  of  Lucy  Rowell,  widow  of  the  late  John 
Rowell,  deceased,  and  others,  in  behalf  of  her  and  her 
children,  praying  that  an  hundred  acres  of  land,  in  town- 
ship number  two,  on  the  east  side  of  Penobscot  River,  on 
which  the  deceased  had  settled,  may  be  assigned  to  her 
and  her  children  ; 

Resolved,  That  the  said  Lucy  Rowell,  and  the  children 
of  her  and  her  late  husband,  be,  and  they  are  hereby  author- 
ized  and  privileged  to  occupy  and  improve,  rent  free,  for  the 
space  of  twenty  years,  from  the  passing  of  this  resolve,  the 
lot  of  land,  whereon  the  said  John  Rowell,  in  his  life 
time,  had  settled  and  made  improvements  ;  the  lines,  ex- 
tent and  limits  of  said  lot  to  be  strictly  conformable  to  the 
survey  and  marks  made  by  James  Irish,  Esquire,  Anno 
Domini  eighteen  liundred  and  eighteen,  under  the  direction 
of  the  Commissioners  of  the  Land  Office ;  the  same  lot  as 
marked  containing  an  hundred  acres,  more  or  less. 

Resolved,  That  at  the  expiration  of  said  twenty  years', 
the  said  Commissioners  be,  and  they  are  hereby  authorized 
and  empowered  to  convey,  by  deed,  in  fee,  to  such  heirs  of 
said  John  Rowell,  as  may  then  be  living,  the  whole  of  said 
lot ;  the  said  surviving  heirs,  jBrst  satisfying  the  said  Com- 
missioners, that  one  hundred  dollars  arc  paid  into  the  trea- 
sury of  this  Commonwealth,  by  the  said  heirs,  before  the 
conveyance  be  made  to  them. 


Q74i    I.  PARKER.— T.HASKINS.—Fe6.  1,  1819. 


CHAP.  CCXX. 

Resolve  on  'petition  of  P.  Rice,  Guardian  of  Ezra  Rice. 
February  5th,  181 9. 

On  the  petition  of  Phinehas  Rice,  of  Framingham,  in 
the  County  of  Middlesex,  Guardian  of  Ezra  Rice,  of  said 
Framingham,  a  spendthrift,  praying  for  licence  to  sell  the 
whole  of  said  spendthrift's  real  estate  ; 

Resolved,  That  said  Guardian  be  authorized  to  sell,  and 
pass  deed,  to  convey  the  whole  of  said  real  estate,  in  man- 
ner and  form,'  and  under  the  conditions  prescribed  by  law, 
for  the  sale  of  the  real  estate  of  persons  non  compos 
mentis. 


CHAP.  CCXXI. 

Resolve  granting  Compensation  to  Honorable  Isaac  Parker, 
and  others.     February  5th,  1819. 

Resolved,  That  there  be  paid  out  of  the  treasury  of  this 
Commonwealth,  to  the  Honorable  Isaac  Parker,  Charles 
Jackson,  and  Daniel  Davis,  Esquires,  each  the  sum  of  one 
hundred  dollars,  in  full  compensation  for  their  services,  as  a 
committee  to  revise  the  criminal  code  of  the  Commonwealth. 


CHAP.    CCXXII. 

Resolve  authorizing  Thomas  Haskins,  as  Administrator  on 

Francis  A.  Foxcraft,  deceased'' s  estate,  to  execute  Deeds, 

February  1st,  1819. 

On  the  petition  of  the  said  Thomas  Haskins,  Adminis- 
trator as  aforesaid,  praying  that  he,  or  some  suitable  person, 
may  be  authorized  and  empowered  to  make  and  execute 


THOMAS  HASKINS.— Fe&.  1,  4819.  675 

deeds  of  conveyance,  of  one  moiety  of  the  following  des- 
cribed lands,  to  Josepli  E.  Foxcraft,  and  one  quarter  part 
thereof  to  Elizabeth  Haskins,  the  Assignee  of  said  Thomas 
Haskins,  wliich  the  said  Francis  A.  in  his  life  time,  by  in- 
strnments  not  under  seal,  promised  to  convey,  but  was  pre- 
vented by  death  ;  said  real  estate  is  described  as  follows, 
viz  :  About  three  thousand  one  hundred  and  sixty-nine  acres 
of  land,  situate  in  the  County  of  Washington,  being  part  of 
a  half  township  of  land  granted  by  the  Legislature  of  the 
Commonwealth  of  Massachusetts,  to  the  heirs  and  assigns 
of  the  late  iionorable  Thomas  Danforth,  deceased,  to  wit : 
all  the  first  range,  being  nineteen  lots,  from  number  one  to 
nineteen  inclusive,  situate  at  the  westerly  side  of  said 
township,  and  extending  east  half  a  mile,  being  the  same 
that  belonged  to  all  the  heirs  of  said  Thomas  Danforth, 
deceased.  Also,  all  the  right  that  William  Savory  and 
Martha  Savory  had  in  said  grant,  to  which  right  the  fol- 
lowing lots  have  been  drawn,  viz.  :  lots  number  nine  in  the 
fifth  range,  nineteen  in  the  sixth  range,  and  one  half  of  lot 
number  four  in  the  fourth  range.  Also,  all  the  right  the 
heirs  of  Thomas  Gilman,  deceased,  had  therein,  in  the 
right  of  their  mother,  to  which  right  the  following  lots  have 
been  drawn,  viz.  :  lots  number  thirteen  in  the  fourth  range, 
three  in  the  sixth  range,  and  half  lot  in  number  four  in 
the  fourth  range.  Also,  all  the  right  the  heirs  of  the 
late  Elizabeth  Lovejoy,  deceased,  had  therein  ;  to  which 
right  the  following  lots  have  been  drawn,  viz.  :  number 
seven  and  eight,  in  range  number  two,  and  numbers  thirteen 
and  fourteen,  in  range  number  three  ;  numbers  eighteen  and 
nineteen,  in  range  number  four ;  number  fourteen  in  the 
fifth  range,  and  letter  B.  in  the  sixth  range,  subject  how- 
ever,  to  the  settling  duties,  and  the  right  of  redemption,  ac- 
cording to  law  ; 

Therpfove,  resolved,  For  reasons  set  forth  in  said  peti- 
tion, that  Thomas  Haskins,  Administrator  of  ^11  and  singu- 
lar the  goods  and  estate  of  said  Francis  A.  Foxcraft,  de- 
ceased, be,  and  he  hereby  is  authorized  and  empowered  to 
execute  deeds  of  conveyance  of  said  land,  as  follows,  viz. : 
To  Joseph  E.  Foxcraft,  and  his  heirs  and  assigns,  one  un- 
divided moiety  or  half  part,  and  to  Elizabeth  Haskins,  and 
her  heirs  and  assigns,  one  undivided  quarter  part  thereof ; 
and  the  deeds,  so  made  and  executed,  shall  be  good  and 
101 


676     J.  NELSON.-  B.  FISKE,  kc.^Feb.  2, 1819. 

valid  in  law  to  convey  to  the  same,  as  fully  as  if  the  said 
Francis  A.  Foxcraft  had  made  and  executed  the  same  in 
his  life  time. 


CHAP.  CCXXIII. 

liesolve  granting  Jonathan  JSTelson  S30. 
February  2d,  1819. 

Resolved,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  this  Commonwealth,  to  Jonathan  Nelson,  of 
Palermo,  fifty  dollars,  in  full  for  expenses  and  loss  of  time, 
occasioned  by  a  wound  received  from  the  discharge  of  a 
musket,  while  on  military  duty. 


CHAP.  CCXXIV. 

Resolve  authorizing  the  Commissioners  of  the  Land  Office^ 
to  convey  unto  Benjamin  Fiske  and  William  S.  Bridge, 
certain  Lands,     February  2d,  1819. 

Resolved,  That  the  Commissioners  of  the  Land  Office 
be,  and  they  are  hereby  authorized  and  empowered,  for 
such  consideration,  secured  to  the  Commonwealth,  as  they 
shall  judge  reasonable,  to  sell  and  assign  to  Benjamin 
Fiske  and  William  S.  Bridge,  of  Boston,  merchants,  their 
heirs  and  assigns,  all  the  Commonwealth's  right,  title  and 
interest,  in  and  unto  two  eleventh  parts  of  the  third  and 
fourth  quarters  of  township  number  three,  commonly  called 
the  Old  Town  Purchase,  one  of  the  said  elevenths  being  the 
same  as  conveyed  by  Salem  Town,  Esquire,  as  Agent  for  the 
Commonwealth,  to  John  Putnam,  and  the  other  being  one 
of  said  elevenths,  as  originally  conveyed  to  Daniel  Epes, 
by  said  Agent,  and  by  said  Epes  to  Jacob  Chamberlain, 
both  subject  to  certain  reservations  as  expressed  in  said 
deeds  :  The  Commonwealth's  interest  therein  being  deriv- 
ed from  the  said  Putnam's  and  Epes'  deeds  of  mortgage, 
made  the  twenty-second  day  of  January,  one  thousand  eight 
hundred  and  two. 


TERM  REPORTS,  kc-^Feb.  5,  1819.         677 


CHAP.  CCXXY. 

Resolve  directins;  the  Secretary  to  deliver  for  the  Adjutant 

GeneraVs  Office,  Term  Reports  and  State  Papers. 

February  2d,  1819. 

Resolved,  That  the  Secretary  of  this  Commonwealth  be, 
and  he  is  hereby  directed  to  deliver  to  the  Adjutant  Gen- 
eral,  to  be  deposited  in  his  ofl&ce  for  the  use  of  his  depart- 
ment,  one  set  of  the  Massachusetts  Term  Reports,  and  one 
set  of  Waite's  edition  of  State  Papers  ;  also,  that  he  shall 
hereafter  deliver  to  the  Adjutant  General,  one  copy  of  each 
additional  volume  of  Reports  and  State  Papers,  which  shall 
hereafter  be  printed. 


CHAP.  CGXXVI. 

Resolve  on  petition  of  Ann  Rudburg.     February  4th,  1819. 

On  the  petition  of  Ann  Rudburg,  of  Boston,  in  the  County 
of  Suffolk,  representing  that  her  late  husband,  John  N. 
Rudburg,  died  seized  and  possessed  of  certain  real  estate, 
consisting  of  a  dwelling  house  and  land,  situated  in  Charles- 
town,  in  the  County  of  Middlesex,  which,  by  his  death, 
without  heirs,  has  escheated  to  the  Commonwealth  ;  and 
praying  that  the  right  of  the  Commonwealth  to  said  estate 
may  be  released  to  the  petitioner ; 

Resolved,  That  the  prayer  of  said  petition  be  so  far 
granted,  as  to  permit  the  said  Ann  Rudburg  to  retain  pos- 
session of  said  house  and  land  ;  and  that  she  be,  and  is 
hereby  authorized  to  use,  let  and  manage  said  real  estate, 
and  to  collect,  and  apply  to  her  own  use,  all  the  proceeds 
thereof,  from  and  after  the  decease  of  her  said  husband,  in 
the  same  manner,  and  to  all  intents  and  purposes,  as  she 
might  have  done,  provided  she  held  said  estate  in  her  owa 
right.  Nothing  in  this  resolve,  however,  shall  be  so  con- 
strued, as  to  deprive  the  Commonwealth  of  their  right  to 
said  real  estate;,  at  the  decease  of  said  petitioner. 


678        D.  FOSTER.— T.  LEE,— l<e6.  %  1819. 


CHAP.  CCXXVII. 

liesolve  granting  SlOO  to  Daniel  Foster. 
February  5th,  1819. 

On  the  petition  of  Daniel  Foster,  praying  further  allow- 
ance for  building  a  bridge  over  Moose  River, 

Resnlved,  That  there  be  allowed  and  paid  to  the  said 
Daniel  Foster,  out  of  the  treasury  of  this  Commonwealth, 
the  sum  of  one  hundred  dollars,  in  addition  to  the  sum  of 
five  hundred  dollars,  paid  him  by  the  Commissioners  of  the 
Land  Office,  agreeably  to  their  contract  with  said  Foster, 
for  erecting  said  bridge. 


CHAP,  ccxxvin. 

Resolve  authorizing  Tempe  Lee  to  convey  Real  Estate. 
February  4tli,  1819. 

On  the  petition  of  John  Jones,  praying  that  Tempe  Lee, 
Administratrix  on  the  estate  of  Silas  Lee,  late  of  Wiscas- 
set.  Esquire,  may  be  authorized  to  convey  certain  real  es- 
tate to  him  ; 

Resolved,  For  reasons  set  forth  in  said  petition,  that  the 
said  Tempe  Lee  be,  and  she  is  hereby  authorized  and  em- 
powered to  convey  to  John  Jones,  of  Augusta,  and  liis 
heirs  and  assigns,  forever,  certain  pieces  of  land,  lying  in 
Hallowell,  on  the  east  side  of  Kennebec  River,  being  those 
parts  of  what  is  called  the  Wing  Farm,  which  remained 
unsold  by  the  said  Lee,  at  the  time  of  his  death. 


CHAP.  CCXXIX. 

Resolve  on  the  petition  of  Ward  JSTicholas  Boylston. 
February  4th,  1819. 

Resolved,  That  the  Executor  of  Moses  Gill  be,  and  he 
hereby  is  authorized  to  deliver  to  Ward  Nicholas  Boylston, 


HANNAH  BWJGRT.^Feb.  %  1819.  679 

two  portraits,  one  of  Nicholas  Boylston,  and  the  other  of 
Mrs.  Gill,  wife  of  his  late  Honor  Moses  Gill,  any  thing  in 
a  receipt  given  for  the  same,  untler  an  order  passed  on 
the  petition  of  the  said  Moses  Gill,  to  the  contrary  notwith- 
standing. 


CHAP.  CCXXX. 

Me  solve  in  favor  of  Sandwich  Academy. 
February  4th,  1819. 

On  the  petition  of  Ezra  S.  Goodwin  and  Elisha  Pope, 
in  behalf  of  the  Trustees  of  Sandwich  Academy,  in  the 
County  of  Barnstable,  praying  for  an  extension  of  the  time 
for  the  location  of  a  half  township  of  land  in  the  District  of 
Maine,  originally  granted  by  this  State  to  the  said  institu- 
tion ; 

Resolved^  For  reasons  set  forth  in  their  petition,  that  the 
right  of  location  of  a  half  township  of  land  in  the  District 
of  Maine,  be  extended  to  the  Trustees  of  Sandwich  Acade- 
my, the  further  term  of  one  year  from  the  passing  of  this 
resolve,  under  the  same  conditions,  in  all  other  respects, 
as  expressed  in  the  original  grant  from  the  Legislature, 
any  act  or  resolve  to  the  contrary  notwithstanding. 


CHAP,  ccxxxr. 

Resolve  authorizing  Hannah  Divight  to  convey  Real  Es- 
tate]    February  4th,  1819. 

On  the  petition  of  Hannah  D wight,  Guardian  of  Eliza- 
beth B.  Hwight,  a  minor,  and  one  of  the  children  and 
heirs  of  Thomas  D wight,  Esquire,  late  of  Springfield, 
deceased,  praying  that  she  may  be  authorized  to  sell 
the  interest  of  said  Elizabeth  in  certain  real  estate  of 
the  deceased,  viz.  :  a  tract  of  land  in  the  General  Field,  in 


680  BENJ.  R.  NICHOLS.— i?e6.  5,  1819. 

West  Spiingfield,  containing  about  thirty  acres;  a  lot  of 
improved  land  of  about  seventy  acres,  on  the  Plain,  in 
Springfield  ;  and  also  a  house  and  other  buildings,  and  part 
of  the  lot  of  land  adjoining  thereto,  laying  opposite  the 
dwelling  house  of  the  deceased,  for  the  payment  of  the 
debts  of  the  said  deceased  ; 

Resolved,  That  for  the  reasons  set  forth  in  said  petition, 
the  said  Hannah  D  wight,  Guardian,  as  aforesaid,  and  John 
Howard,  Administrator  on  the  estate  of  the  deceased,  be, 
and  hereby  are  authorized  to  sell  and  convey,  by  sufficient 
deeds,  tlie  interest  of  said  minor,  in  any  or  all  the  real 
estate  aforesaid,  either  at  public  or  private  sale  ;  provided, 
the  other  heirs  of  said  deceased,  also  sell  their  shares  and 
interest  therein,  and  appropriate  the  proceeds  of  said  sale  to 
the  payment  of  the  just  debts  of  the  said  deceased  :  and 
'provided,  also,  the  said  petitioner  and  Administrator  first  give 
sufficient  bonds  to  the  Judge  of  Probate,  of  the  County  of 
Hampden,  conditioned  for  the  appropriating  the  proceeds 
of  such  sale  of  said  minor's  estate,  above  described,  to- 
wards the  payment  of  said  debts  :  and  provided,  also,  that 
said  Hannah  Dwight  relinquish  her  right  of  dower  in  such 
of  said  lands,  as  may  be  sold  by  virtue  of  this  resolve,  and 
that  she  also,  by  writing  filed  in  the  Probate  Office,  in  said 
county,  relinquish  her  right  to  one  third  part  of  so  much  of 
the  personal  estate  of  the  deceased,  as  the  same  shall  be 
benefited  by  the  sale  of  real  estate,  for  the  payment  of  the 
debts  of  said  deceased,  upon  such  terms  as  shall  be  ordered 
by  the  Judge  of  Probate,  in  said  county,  upon  representa- 
tion made  to  him  thereof. 


CHAP.  CCXXXIl. 

Resolve  in  favor  of  Benjamin  R.  J\*ichols,  for  transcribing 
Plymouth  Colony  Records.     February  5th,  1819. 

Resolved,  That  there  be  paid  out  of  the  treasury  of  this 
Commonwealth,  to  Benjamin  R.  Nichols,  the  sum  of  seven 
hundred  and  fifty-two  dollars  and  twenty-eight  cents,  in 
full,  for  repairing,  arranging,  indexing,  and  abstracting  the 
Plymouth  Colony   Records,  including  expenses  for  paper. 


ROAD.— I.  HAYNES.— Fe&.  8,  1819.  681 

binding  and  stationary,  and  on  journies  to  Boston  and  Ply- 
mouth, on  that  subject,  and  of  all  services  and  expenses 
hitherto  incurred,  in  relation  to  those  records,  by  the  said 
Nichols  and  his  assistants.  And  his  Excellency  the  Grov- 
ernor,  with  the  advice  of  Council,  is  requested  to  issue  a 
warrant  on  the  treasury  accordingly,  for  the  payment  of 
the  said  sum. 


CHAP.  CCXXXIII. 

Resolve  authorizing  the  Commissioners  of  the  Land  Office 

to  extend  the  time  for  making  a  Road. 

February  6th,  1819. 

Resolved^  That  the  Commissioners  of  the  Land  Office 
be,  and  hereby  are  authorized  to  extend  the  time  for  making 
the  road,  and  fulfilling  the  engagements  made  by  Daniel 
Webster  and  Ebenezer  Weston,  with  Samuel  Reddington 
and  Moses  Greenleaf,  Esquires,  Agents  for  the  Common- 
wealth, May  third,  one  thousand  eight  hundred  and  six- 
teen, until  the  first  day  of  September  next,  if  they  shall  judge 
it  reasonable  ;  and  to  make  such  an  arrangement  with  the 
parties  to  said  contract,  as  to  the  location,  survey  and  con- 
veyance of  lands,  in  compensation  for  making  said  road, 
stipulated  by  said  contract,  as  shall  be  found  expedient,  un- 
der all  the  circumstances  of  said  undertaking,  and  the  land 
therein  referred  to. 


CHAP.  CCXXXIV. 

Resolve  authorizing  Israel  Haynes  to  sell  certain  Real 
Estate.     February  8th,  1819. 

On  the  petition  of  Israel  Haynes,  of  Sudbury,  in  the 
County  of  Middlesex,  Guardian  of  Zebediah  Maynard,  of 
said  Sudbury,  a  spendthrift,  setting  forth  that  it  is  neces^ 


683      AMHERST  ACADEMY.— Fe&.  8,  1819. 

sary  to  raise  the  sum  of  one  thousand  seven  hundred  and 
one  dollars  and  ninety-two  cents,  for  the  payment  of  the 
just  debts  of  the  said  Zebediah  Maynard  ;  that  the  real 
estate  of  said  Zebediah  Maynard  is  so  situated,  that  no 
part  thereof  can  be  sold  to  raise  that  sum  only,  without 
greatly  injuring  the  residue  ;  but  that  the  homestead  of 
said  Maynard,  a  certain  lot,  called  the  Brown  Lot,  and  a 
pew,  and  stable,  all  situated  in  said  Sudbury,  can  be  sold 
together  with  convenience,  and  much  to  the  benefit  and  ad- 
vantage of  said  Maynard  ;  Therefore, 

Resolved,  That  the  said  Israel  Haynes  be,  and  he  here- 
by  is  authorized  and  empowered  to  sell,  at  public  vendue, 
to  the  highest  bidder,  the  said  homestead,  Brown  Lot,  pew, 
and  stable,  of  the  said  Zebediah  Maynard,  and  to  execute 
a  deed,  or  deeds,  of  the  same,  which  shall  be  valid  and 
eflfectual  in  law  to  convey  the  same  ;  he,  the  said  Haynes, 
observing  the  rules  and  regulations  prescribed  by  law,  for 
the  direction  and  government  of  Executors  and  Administra- 
tors in  selling  real  estate  for  the  payment  of  the  debts  of 
persons  deceased  :  Provided^  the  said  Haynes  shall  first 
give  bonds  to  the  Judge  of  Probate,  for  the  County  of 
Middlesex,  with  sufficient  sureties,  in  such  sum  as  he  shall 
direct,  that  the  money  arising  from  said  sale  shall  be  ap- 
propriated  for  the  payment  of  the  just  debts  of  said  May. 
nard,  and  incidental  charges  ;  and  the  residue,  if  any,  put 
out  and  secured  on  interest,  for  the  benefit  of  said  Maynard, 
and  that  he  will  account  for  the  same,  when  thereunto  law- 
fully required. 


CHAP.  CCXXXV. 

Resolve  on  jJetltion  of  Amherst  Academy. 
February  8th,  1819. 

On  the  petition  of  the  Trustees  of  Amherst  Academy, 
praying  for  further  time  to  locate  the  half  township  of  land 
in  the  District  of  Maine,  granted  them  by  a  resolve  of  the 
Legislature  of  this  Commonwealth,  passed  on  the  eleventh 
day  of  December,  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  sixteen  ; 


CLAIMS  OF  MASSACHU.— P^J.  8,  1819.     683 

Resolved,  For  reasons  set  forth  in  said  petition,  tbat  a 
further  time  of  one  year,  from  and  after  the  first  day  of 
June  next,  be  aUov>  ed  the  said  Trustees  for  locating  said 
half  township  ;  any  thing  in  the  aforesaid  resolve  grant- 
ing the  same  to  them,  to  the  contrary  notwithstanding. 


CHAP.  CCXXXVI. 

Resolve  concerning  Claims  of  the  Commonwealth  against 
the  United  States.     February  8th,  1819. 

The  Committee  to  whom  was  referred  the  communication 
of  the  Honorable  H.  G.  Otis,  and  the  Honorable  Pren- 
tiss Mellen,  Senators  in  Congress,  from  Massachusetts, 
bearing  date  December  twenty-second,  one  thousand  eight 
hundred  and  eighteen,  respecting  the  claim  of  the  Common- 
wealth against  the  United  States,  respectfully  report. 

That  a  resolve  was  passed  by  the  Legislature  of  the 
State  on  the  twelfth  of  June,  one  thousand  eight  hundred  and 
eighteen,  in  relation  to  the  said  claim,  requesting  his  Ex- 
cellency the  Grovernor  to  cause  to  be  delivered  to  the  said 
Senators,  or  either  of  them,  such  accounts,  documents, 
and  papers,  as  may  be  necessary  to  support  the  claim  of 
the  Commonwealth  against  the  United  States,  for  the  use 
of  the  Senators  and  Representatives  in  Congress  from  this 
State ;  and  that  the  said  Senators  be  instructed,  and  the 
Representatives  requested  to  attend  to,  and  prosecute  the 
said  claim,  and  to  use  their  best  endeavors  that  a  fair  and 
equitable  adjustment  thereof  may  be  speedily  obtained. 

That  the  Committee,  after  having  attentively  considered 
the  communication  referred  to  them,  from  the  said  Sena- 
tors, and  the  resolve  aforesaid,  rely  on  the  good  judgment 
and  discretion  of  the  delegation  from  the  State,  and  their 
zeal  for  its  interest,  that  the  claim  will  be  duly  presented 
to  Congress,  and  its  merits  developed  with  equal  frankness 
and  ability.  And  the  Committee  also,  reposing  on  the  wis- 
dom and  liberality  of  the  general  government,  cannot  but 
trust,  that  when  the  principles  and  details  of  the  claim  are 
fully  and  impartially  examined,  such  decision  will  be  had 
thereon*  as  will  comport  with  the  soundest  principles  of 
lOS 


684  EAST  ANDOVEH.— JPe&.  8,  1819. 

justice  and  equity,  and  with  the  best  and  most  permanent 
interests  of  the  United  States,  and  of  this  State. 

Under  these  impressions,  and  from  a  recurrence  to  the 
resolve  aforesaid,  of  the  present  General  Court,  which  re- 
mains still  in  force,  and  is  believed  fully  to  express  the 
wishes  of  the  Legislature,  that  the  claim  should  be  prompt- 
ly considered  and  speedily  adjusted,  the  Committee  deem 
it  necessary  at  this  time,  only  further  to  recommend  the 
adoption  of  the  following  resolution  : 

Resolved,  That  the  Secretary  of  the  Commonwealth  be 
directed,  on  application  from  the  Senators  of  this  State,  in 
Congress,  or  either  of  them,  to  forward  forthwith,  all  docu- 
ments or  pPcpers  connected  with  the  claim  of  the  Common- 
wealth against  the  United  States,  which  may  now  remain 
in  any  department  of  this  government,  and  may  be  request- 
ed for  the  use  of  the  delegation  from  the  State,  for  the  pur- 
pose of  obtaining  a  decision  on  the  claim  aforesaid  ;  and 
that  the  Secretary  be  directed  to  forward  a  copy  of  this 
resolution  to  the  Honorable  the  Senators  from  this  State, 
in  the  Congress  of  the  United  States. 


CHAP.  CCXXXVII. 

Resolve  on  'petition  of  the  Selectmen  of  East  Andover. 
February  8th,  1819. 

On  the  representation  of  the  Selectmen  of  East  Andover, 
and  the  memorial  of  Thomas  Bond,  and  others, 

Resolved,  That  the  Commissioners  of  the  Land  Office 
be,  and  they  hereby  are  authorized  and  directed  to  sell  and 
convey  in  fee,  within  one  year  from  the  passing  this  re- 
solve, in  such  way  and  manner,  and  for  such  consideration 
as  they  may  think  fit,  all  the  tract  or  parcel  of  land,  which 
is  called  the  East  Andover  Surplus,  in  the  County  of  Ox- 
ford ;  and  to  pay  over  the  proceeds  of  such  sale,  into  the 
treasury  of  the  Commonwealth. 


S.  COBB.— J.  HUNEWELL.— Fe^.  8,  1819.      685 


CHAP.  CCXXXVIII. 

Resolve  on  the  petition  of  Sarah  Cohb. 
February  8th,  1819. 

Resolved,  For  reasons  set  forth  in  the  said  petition,  that 
all  the  right,  title,  and  interest,  which  the  Commonwealth 
has,  or  might  have,  in  and  to  a  certain  parcel  of  land,  with 
the  buildings  thereon,  situate  in  Leverett  Street,  in  Boston, 
and  bounded  south  easterly  on  said  street,  forty  feet ;  south- 
westerly on  land  of  Joseph  Russell,  ninety  feet ;  north- 
westerly on  said  Russell's  land,  and  north-easterly  on 
land  of  John  Gillis,  ninety  feet  ^  with  the  privileges  and 
appurtenances  thereunto  belonging  ;  which  real  estate 
the  said  Cobb  purchased  of  Joseph  Russell,  of  said  Bos- 
ton, during  his  life  time,  and  after  his  marriage  with  the 
said  8arah,  and  of  which  said  John  Cobb  died  seized. 
And  the  same  is  hereby  granted  and  released  to  the  said 
Sarah  Cobb,  and  to  her  heirs  and  assigns  forever :  Pro- 
videdf  however,  that  the  same  shall  be  held  subject  to  the 
payment  of  the  just  debts  of  the  said  John  Cobb,  in  case 
his  personal  estate  shall  be  insufficient  therefor,  in  the  same 
manner  as  real  estates  of  persons  deceased,  are  holdeu  and 
subject  by  the  laws  of  this  Commonwealth. 


CHAP.  CCXXXIX. 

ResoVte  in  favor  of  Jonathan  Hunewell. 
February  8th,  1819. 

The  Committee  of  both  Houses,  who  had  under  consider- 
ation the  communication  of  his  Excellency  the  Governor, 
respecting  certain  repairs  on  the  State  House,  ask  leave  to 
report  the  following  resolve,  which  is  submitted. 

JOHN  HART,  Per  Order. 

Resolved,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  this  Commonwealth  to  the  Agent,  appointed  by 
the  Governor  and  Council,  to  make  certain  repairs  on  the 


686    GREEN  WOOD.—FREEM  AN— Fe6. 10, 1819. 

State  House,  six  hundred  and  thirty  dollars  and  forty-four 
cents,  being  the  balance  due  on  the  accounts  for  said  re- 
pairs. 


CHAP.  CCXL. 

Resolve  on  petition  of  Selectmen  of  Greenwood, 
February  10th,  1819. 

Oa  tlie  petition  of  the  Selectmen  of  the  town  of  Green- 
wood, in  the  County  of  Oxford,  stating,  that  there  has  been 
some  illegality  in  the  proceedings  of  said  town,  by  reason 
of  their  Assessors  not  having  posted  up  a  list  of  voters  for 
the  choice  of  town  officers,  at  the  time  the  law  requires  ; 
and,  also,  that  the  town  passed  a  vote  to  raise  money  at  a 
meeting,  wherein  the  warrant  calling  said  meeting,  did  not 
expressly  warn  any,  but  such  as  were  qualified  to  vote 
for  state  officers,  praying  that  the  doings  of  said  town  may 
be  confirmed  and  made  valid  ; 

Resolved,  For  reasons  set  forth  in  said  petition,  that  the 
doings  of  said  town  in  the  premises,  prior  to  the  nineteenth 
day  of  May  last,  be,  and  hereby  are  confirmed,  and  made 
valid  in  law  to  all  intents  and  purposes,  notwithstanding 
certain  irregularities  therein,  as  above  expressed. 


CHAP.  CCXLI. 

Resolve  confirming  the  Records  of  the  town  of  Freeman. 
February  10th,  1819. 

On  the  petition  of  the  town  of  Freeman,  praying  for  a 
confirmation  of  their  town  records, 

Resolved,  For  the  reasons  stated  in  their  petition,  that 
the  records  of  the  said  town  of  Freeman,  in  the  cases 
specified  in  their  petition,  shall  be,  and  hereby  are  con- 
firmed and  made  valid  in  all  respects,  in  the  same  manner 
as  they  would  have  been,  if  the  seal  and  signature  of  the 


COUNTY  TAXEB.-^Feb.  10,  1819.  687 

Town  Clerk  had  not  been  omitted,  and  a  record  of  the 
oaths  of  town  officers,  and  the  dissolving  of  town  meetings 
had  been  made,  and  the  errors  in  tax  for  the  school  dis- 
tricts in  eighteen  hundred  and  fourteen  notwithstanding. 


CHAP.  CCXLII. 

Resolve  for  County  Taxes,    February  10th,  1819. 

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  Sessions,  for  said  counties,  have  exhibited 
estimates  made  by  said  Courts,  of  the  necessary  charges 
wliich  may  arise  within  the  said  several  counties,  for  the 
year  ensuing,  and  of  the  sums  necessary  to  discharge  the 
debts  of  said  counties  ; 

Resolved,  That  the  sums  annexed  to  the  several  coun- 
ties, contained  in  the  following  schedule,  be,  and  the  sa^ne 
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. 

County  of  Middlesex,  ten  thousand  dollars,    -        -         -      810,000 

"  of  Essex,  ten  thousand  dollars,       ...        -  10,000 

"  of  Somerset,  three  thousand  dollars,   .        -        -  3,000 

"  of  Lincoln,  five  thousand  five  hundred  dollars,        -  5,500 

"  of  Franklin,  three  thousand  two  hundred  dollars,  3,200 

"  of  Barnstable,  one  thousand  two  hundred  dollars,    -  1,200 

"  of  Washington,  one  thousand  eight  hundred  dollars,  1,800 

"  of  Norfolk,  nine  thousand  dollars,           .         -        -  9,000 

"  of  Penobscot,  four  thousand  seven  hundred  dollars,  4,700 

"  of  Cumberland,  five  thousand  seven  hundred  and  ' 

twenty  dollars,  -  -  -  .  .  5,720 
"  of  Hampden,  three  thousand  five  hundred  dollars,  3,500 
"  of  York,  three  thousand  five  hundred  dollars,  -  3,500 
"  of  Hampshire,  four  thousand  dollars,  -  -  .  4,000 
"  of  Kennebec,  four  thousand  six  hundred  and  four- 
teen dollars  and  eight  cents,  -  .  -  4,614  08 
"  of  Berkshire,  five  thousand  dollars,  .  _  -  5,000 
"  of  Plymouth,  eight  thousand  dollars,  -  -  -  8,000 
"  of  Worcester,  fourteen  thousand  two  hundred  dollars,  14,200 
"  of  Bristol,  eleven  thousand  dollars,  -  -  .  -  11,000 
"  of  Oxford,  three  thousand  five  hundred  dollars,  -  3,500 
"  of  Hancock,  seven  thousand  dollars,    -        -        -  7,000 


688    ESSEX  BANK.— EASTPORT.— Fe&.  11, 1819. 

CHAP.  CCXLni. 

Uesolve  on  petition  of  Essex  Bank.    February  10th,  1819. 

On  the  petition  of  the  President,  Directors,  and  Compa- 
ny of  Essex  Bank,  setting  forth  that  said  corporation  has 
ceased  to  act  as  a  banking  corporation ; 

Resolved,  That  the  President,  Directors,  and  Company 
of  Essex  Bank,  be,  and  they  hereby  are  discharged  from 
the  payment  of  any  bank  tax  now  due,  and  also  from  the 
payment  of  any  such  tax  in  future,  and  also  from  making 
any  return  to  the  Governor  and  Council  in  the  month  of 
June  next. 


CHAP.  CCXLIV. 

JResolve  to  furnish  the  town   of  Eastport  with  Laws  and 
Term  Reports,     February  11th,  1819. 

Resolved,  For  the  reasons  set  forth  in  the  petition  of  the 
Agent  for  the  inhabitants  of  the  town  of  Eastport,  that  the 
Secretary  of  the  Commonwealth  be  authorized  to  deliver 
to  the  said  town,  as  many  volumes  of  the  Laws  and  Term 
Reports  as  were  taken  or  destroyed  by  the  British,  while 
they  were  in  possession  of  said  town. 


CHAP.  CCXLV. 

Resolve  appointing  a  Committee  for  examining  the  pro- 
ceedings of  the  Agricultural  Bank,  in  Pittsfield. 
February  lltb,  1819. 

The  Committee  of  both  Houses,  appointed  to  inquire  into 
the  expedieiuey  of  raising  a  ('ommittee  to  investigate  the 
transactions  of  the  Agricultural  Bank,  at  Pittsfield,  in  the 


PITTSFIELD  BANK.— Fe&.  11,  1819.        689 

County  of  Berkshire,  have  attended  that  service,  and  ask 
leave  to  report  a  state  of  facts  : 

On  the  twentieth  of  February,  one  thousand  eight  hun- 
dred and  eighteen,  a  charter  was  granted  to  Nathan  Wil- 
lis, and  others  therein  named,  to  establish  a  bank  in  the 
town  of  Pittsfield,  with  a  capital  of  one  hundred  thousand 
dollars,  payable  in  three  instalments  ;  which  sum  was  to 
be  loaned  and  negociated  on  banking  principles,  subject 
to  the  usual  restrictions,  and  the  further  restriction,  that 
no  stockholder  should  be  allowed  to  borrow  at  said  bank, 
until  he  should  have  paid  in  his  full  proportion  of  said 
instalments.  On  the  twelfth  of  June  next  following,  an 
additional  act  was  passed,  prolonging  the  time  for  paying 
the  instalments,  and  directing  payment  of  the  first  instal- 
ment on  or  before  the  first  September,  one  thousand  eight 
hundred  and  eighteen  ;  the  payment  of  the  second  instal- 
ment on  or  before  the  first  January,  one  thousand  eight 
hundred  and  nineteen  ;  and  the  payment  of  the  third  in- 
stalment on  or  before  the  first  April,  next  follo\nng.  Af- 
ter the  charter  was  obtained,  subscription  papers  were 
opened  in  Pittsfield,  and  kept  open  three  weeks,  during 
which  time  a  sum  equal  to  one -tenth  part  of  the  capital 
stock  was  subscribed  ;  the  remaining  nine -tenths  were  then 
offered  to  certain  persons  in  Boston,  who  engaged  to  take 
them,  on  the  condition  that  they  should  have  control  of  the 
bank,  and  manage  its  concerns.  At  the  annual  meeting  of 
Stockholders,  such  persons  were  chosen  Directors,  as  the 
Boston  stockholders  designated.  The  first  instalment  be- 
ing then  due,  forty-five  thousand  dollars  in  specie,  which 
was  the  sum  payable  on  the  shares  owned  in  Boston,  was 
placed  in  the  vaults  of  the  bank,  but  in  the  confident  expec- 
tation that  it  should  be  repaid  by  a  loan  to  the  Boston  stock- 
holders. Accordingly,  on  the  following  day,  thirty-two 
thousand  of  the  same  specie  was  taken  back  as  a  loan,  for 
which,notes  in  the  common  form,  but  without  endorsers,  were 
given,  and  shares  were  pledged  as  security  ;  eight  thou- 
sand dollars  more  of  the  same  specie  was  exchanged  for  a 
draft  on  New  York,  and  forty -five  thousand  in  bills,  sign- 
ed by  Thomas  Gold,  as  President  of  said  bank,  were  placed 
in  the  hands  of  two  of  the  Boston  stockholders,  as  Agents 
of  said  bank,  to  be  employed  by  them  at  Boston,  in  pur- 
chasing promissory  notes  of  individuals,  and  other  ways  to 
be  used  at  their  discretion,  but  for  the  benefit  of  said  bank* 


690  PITTSFIELD  BANK.— JPe6.  11,  1819. 

On  the  first  January,  one  thousand  eight  hundred  and 
nineteen,  the  second  instalment  became  due,  when  nine 
tenths  of  the  amount  was  placed  in  the  Suffolk  Bank,  in 
Boston,  instead  of  the  Bank  at  Pittsfield,  as  required  by 
the  charter ;  on  the  ninth  of  the  same  month,  nine  tenths 
of  the  third  instalment  was  also  placed  in  the  Suffolk 
Bank.  From  both  these  payments,  the  same  accom- 
modation was  granted  to  Boston  stockholders,  notes  were 
given  for  the  amount  loaned,  and  shares  were  pledged  as 
security. 

It  was  acknowledged  by  the  gentlemen  who  appeared 
before  the  Committee,  in  behalf  of  the  bank,  that  no  part  of 
the  capital  stock  had  been  loaned  on  bond  and  mortgage,  al- 
though many  applications  had  been  made  for  the  same,  and 
but  a  small  amount  upon  notes,  in  the  common  form,  to  the 
inhabitants  of  the  county  where  the  bank  is  located. 

It  also  satisfactorily  appeared,  that  but  few  of  those  who 
petitioned  for  the  establishment  of  the  bank,  and  whose 
names  were  inserted  in  the  charter,  have  ever  been  stock- 
holders. This  fact,  with  the  manner  in  which  the  whole 
business  of  the  bank  has  been  conducted,  authorizes  the 
belief  that  the  holders  of  a  majority  of  shares,  always  in- 
tended that  the  capital  should  be  employed  in  Boston,  and 
not  for  the  benefit  of  the  citizens  of  the  County  of  Berk- 
shire. 

It  was  J^rnestly  contended  by  the  Agents  of  the  bank, 
that  the  act  of  incorporation  imposed  no  obligation  to  trans- 
act the  business  of  the  bank  in  Pittsfield,  and  that  they 
have  a  right  to  loan  and  negociate  their  monies  in  any  man- 
ner, and  at  any  place,  where  it  would  be  most  for  their  ad- 
vantage. This  opinion  the  Committee  deem  incorrect.  It 
is  their  belief,  that  by  locating  a  monied  institution  in  one 
section  of  the  Commonwealth,  rather  than  another,  the  Le- 
gislature intended  to  promote  the  interests  of  that  particu- 
lar section,  by  supplying  a  fund  to  facilitate  business,  en- 
courage enterprize,  and  reward  honest  industry,  and  not  to 
enrich  individuals,  by  aiding  speculation. 

From  the  foregoing  statement  of  facts,  and  the  view  thus 
taken  of  them,  the  Committee  are  of  opinion  that  a  further 
inquiry  ought  to  be  made  into  the  doings  of  said  bank ; 
they  therefore  recommend  an  adoption  of  the  following  re- 
solve. All  which  is  respectfully  submmitted,  by  your 
Committee.  DANIEL  WALDO,  Chairman, 


SUFFOLK  COUNTY  TAX.--Fe&.  12,  1819.  691 

Resolved,  That  the  Honorable  Mr.  Noble,  of  the  Sen- 
ate, and  Messieurs  Rantoul,  of  Beverly,  and  Parrot,  of 
Gloucester,  members  of  the  House,  be  a  Committee  to  ex- 
amine the  doings  of  the  Agricultural  Bank,  at  Pittsfield, 
with  power  to  send  fop  books  and  papers,  and  to  examine 
the  Directors  and  Cashier  of  said  bank,  and  also  such  other 
persons  as  may  be  necessary  ;  and  that  the  Committee  make 
a  report  of  their  doings,  at  the  present  session  of  the  Le- 
gislature, if  practicable  ;  if  not,  at  the  first  session  of  the 
next  General  Court. 


CHAP.  CCXLVL 

Resolve  on  petition  of  the  inhabitants  of  Fairhaven. 
February  12th,  1819. 

Resolved,  That  there  be  paid  to  the  Treasurer  of  the  town 
of  Fairhaven,  for  the  benefit  of  the  inhabitants  of  said 
town,  the  sum  of  three  hundred  and  eighty-one  dollars  and 
seventy-nine  cents,  in  full  for  expenses  incurred  by  said 
town  in  erecting  barracks  for  the  militia  of  this  Common- 
wealth, which  were  duly  ordered  and  stationed  in  the  vi- 
cinity of  said  town,  for  its  defence,  in  the  late  war. 

Resolved,  That  his  Excellency  the  Governor  be,  and  he 
is  hereby  requested  to  draw  his  warrant  on  the  Treasurer 
of  this  Commonw^ealth,  for  the  aforesaid  sum. 


CHAP.  CCXLVIL 

Resolve  for  a  Tax  for  the  County  of  Suffolk, 
February  12th,  1819. 

On  the  estimate  made  by  the  Court  of  Sessions  for  the 
County  of  Suffolk,  and  the  account  of  the  Treasurer,  ac- 
companying the  same,  representing  the  amount  of  charges 
which  may  arise  in  said  county,  for  the  year  ensuing,  and 
103 


693  MARRIAGES.— F6^&   i%  1819. 

the  sura  necessary  to  discharge  the  debts  of  said  county ; 
and  the  memorial  of  the  said  Court,  that  a  tax,  of  sixteen 
thousand  dollars  may  be  granted  for  the  use  of  said  county  ; 
Resolved,  That  the  sum  of  sixteen  thousand  dollars  be, 
and  the  same  is  hereby  granted,  as  a  tax,  for  the  County  of 
Suffolk,  to  be  apportioned,  assessed,  paid,  collected,  and 
applied,  for  the  aforesaid  purposes,  according  to  law. 


CHAP.  CCXLVIII. 

Mesolve  making  valid  certain  Marriages. 
February  12th,  1819. 

Wherleas,  sundry  marriages  have  been  solemnized  in 
this  Commonwealth,  by  Eliphalet  Smith,  Lemuel  Jackson, 
Elias  Nelson,  and  Comfort  Smith,  all  Elders  and  Teach- 
ers in  the  Baptist  Church;  and  by  Philip  Ayer,  and  Gil- 
man  Moody,  Teachers  in  the  Methodist  Society  ;  and 
doubts  are  entertained  whether  such  marriages,  thus  solem- 
nized, are  valid  in  law ;  and  divers  petitions  have  been 
presented  to  this  Legislature,  to  legalize  and  make  valid 
the  same ;  Therefore, 

Resolved,  That  all  marriages,  solemnized  in  this  Com- 
monwealth, by  the  said  Eliphalet  Smith,  Lemuel  Jafckson, 
Elias  Nelson,  and  Comfort  Smith  ;  and  also  by  the  said 
Philip  Ayer,  and  Gilman  Moody,  in  their  said  offices,  re- 
spectively, be,  and  they  hereby  are  made  valid  in  law,  to 
all  intents  and  purposes  ;  any  statute  of  this  Commonwealth 
to  the  contrary  notwithstanding. 

Resolved,  also,  That  the  issue  of  each  and  all  of  such 
marriages,  solemnized  as  aforesaid,  be,  and  they  hereby 
are  made  capable  in  law,  of  inheriting,  in  the  same  way 
and  manner,  as  though  each,  and  every  of  such  marriages, 
were  originally  solemnized,  according  to  law. 


NATICK.— INDTANS.--JPe&.  15,  1819.         693 


CHAP.  CCXLIX. 

Resolve  on  the  fetition  of  the  inhabitants  of  the  town  of 
JVaticJe.     February  13tli,  1819. 

On  the  petition  of  the  inhabitants  of  the  town  of  Natiek, 
JResolvedf  For  reasons  set  forth  in  said  petition,  that  John 
Atkins  and  Samuel  Fisk,  of  said  Natick,  Guardians  of  the 
Natick  tribe  of  Indians,  be,  and  hereby  are  authorized  and 
directed  to  expend  and  appropriate,  under  the  direction  of 
the  Overseers  of  the  Poor  uf  said  town,  all  or  any  part  of 
the  funds  in  their  hands,  belonging  to  said  tribe,  or  any 
one  thereof,  except  so  much  of  said  funds  as  belong  to  Han- 
nah Brown,  one  of  said  tribe,  for  the  future  support  and 
maintenance  of  any  of  said  tribe,  who  may  hereafter  fall 
into  distress,  and  stand  in  need  of  relief;  and  a  certificate, 
under  the  hands  of  said  Overseers,  of  the  expenditure  anil 
appropriation  of  said  funds  as  aforesaid,  shall  be  a  suffi- 
cient voucher  for  said  Guardians,  in  the  settlement  of  their 
accounts,  as  such. 

Resolved,  further,  That  said  Guardians  be,  and  hereby 
are  authorized  to  take  and  receive  the  rents  and  profits,  for 
a  term  not  exceeding  two  years,  from  the  first  day  of  April 
next,  of  any  lands,  in  said  town  of  Natick,  which  belong  to 
said  tribe,  or  any  one  of  them  ;  provided,  such  lands  are 
not  occupied  and  possessed  by  any  of  said  tribe  not  having 
title  thereto  ;  and  the  said  Guardians  are  hereby  authorized 
and  directed  to  expend  and  appropriate  the  rents  and  pro- 
fits aforesaid^  so  received,  for  the  purpose  aforesaid. 


CHAP.  CCL. 

Resolve  confirming  the  sale  of  Land  belonging;  to  Her- 
ring  Fond  Indians.     February  15th,  1819. 

Upon  the  petition  of  Joshua  Thomas,  one  of  the  Over- 
seers of  the  Herring  Pond  tribe  of  Indians,  praying  that 
the  sale  of  two  pieces  of  land  to  John  N.   Conet  and 


69*     S.  CHASE.— W.  COLLEGE.— Fe6.  15,  1819. 

Barnabas  Ellis,  made  by  the  said  Joshua  Thomas  and 
Ephraim  Spooner,  Esquire,  deceased,  in  their  capacity  of 
Overseers  of  said  Indians,  dated  August  seventli,  one  thou- 
sand eight  hundred  and  seventeen,  may  be  confirmed  ; 

Resolved,  For  reasons  set  forth  in  said  petition,  that  the 
said  sale  of  the  said  two  pieces  of  land,  as  set  forth  in  said 
petition,  be,  and  the  same  is  hereby  confirmed  and  render- 
ed  valid,  to  all  intents  and  purposes,  any  supposed  defect 
or  informality  in  the  manner  of  said  sale  to  the  contrary 
notwithstanding. 


'^ 


CHAP.  CCLL 

Resolve  on  petition  of  Stephen  CJiase, 
February  15th,  1819. 

Resolved,  For  reasons  set  forth  in  said  petition,  that 
there  be  allowed  and  paid  out  of  the  treasury  of  this  Com- 
llionwealth,  to  Stephen  Chase,  Esquire,  in  full  compensa- 
tion for  his  services  and  disbursements  to  the  Common- 
wealth, in  the  information  against  Joseph  Howard,  the  sum 
of  one  hundred  dollars  ;  and  that  his  Excellency  the  Gov- 
ernor be  requested  to  draw  his  warrant  upon  the  Treasurer 
for  said  sum  ;  provided,  the  sum  granted  by  this  resolve,  be 
in  full  compensation  for  all  claims  which  the  said  Stephen 
Chase  may  have  on  this  Commonwealth,  for  any  part  of  the 
sum  recovered  in  the  aforesaid  information  against  said  Jo- 
seph Howard. 


CHAP.  CCLIL 

Resolve  on  petition  of  Trustees  of  Williams  College, 
February  15th,  1819. 

Resolved,  That  the  further  time  of  one  year,  from  the 
first  day  of  June  next,  be,  and  hereby  is  allowed  to  the 
Trustees  of  said  College,  to  locate  said  township,  and  the 


BRITISH  STATUTES.— JPe&.  19,  1819.        695 

Commissioners  of  the  Land  Office  be,  and  hereby  are  direct* 
ed  to  govern  themselves  accordingly  :  Provided^  however, 
and  it  is  expressly  to  be  understood,  that  the  settling  duties, 
as  required  to  be  performed  by  the  resolve  first  mentioned, 
be,  and  the  same  are  extended  and  limited  to  the  term  of 
three  years  from  the  first  day  of  June  next,  and  no  longer ; 
and  that  a  failure  in  the  performance  of  said  settling  duties 
within  the  time  last  mentioned  and  prescribed,  shall  so 
operate  as  to  vacate  the  extension  of  time  for  the  location 
of  said  townships,  herein  provided. 


CHAP.  CCLIII. 

llesolve  for  examining  what  British  Statutes  have  been 
adopted  in  this  Commonwealth,     February  15th,  1819. 

The  Committee  of  both  Houses,  appointed  to  consider  the 
expediency  of  collecting  into  a  volume  those  Parliamentary 
statutes,  and  parts  of  such  statutes,  which  have  been  adopt- 
ed as  laws  within  this  Commonwealth,  have  deliberately 
investigated  the  subject,  and  ask  leave  to  report, 

That  the  juridical  system,  from  the  earliest  settlement  of 
our  government,  has  been  the  particular  object  of  public 
concern,  and  has,  in  latter  years,  been  greatly  improved. 
But  it  is  believed,  that  it  still  is  far  from  possessing  the  at- 
tribute  of  perfection.  Our  laws,  like  our  language,  origi- 
nate from  several  sources ;  a  part  is  derivative  from  the 
mother  country  of  our  ancestors,  and  a  part  consists  in  the 
numerous  enactments  of  our  Legislatures.  By  our  State 
constitution,  "  all  the  laws  which  have  heretofore  been 
adopted,  used,  and  approved  in  the  Colony,  Province,  or 
State  of  Massachusetts  Bay,  and  usually  practised  on  in 
the  Courts  of  Law,  shall  remain,  and  be  in  full  force,  until 
altered  or  repealed  by  the  Legislature."  It  is  universaUy 
believed,  that  sundry  laws,  to  which  this  paragraph  alludes, 
are  British  statutes,  and  parts  of  those  statutes,  which,  from 
immemorial  usage,  constitute  a  part  of  our  common  law. 
Thus  from  long  and  invariable  practice,  they  have  become 
incorporated  into  our  system  of  jurisprudence,  and  deserve 
the  utmost  consideration  of  the  whole  people.     An  inquiry 


696        BRITISH  STATUTES— Fe&.  10,  1819, 

as  to  which,  and  how  many  of  them,  our  country  and  its 
Courts  havfe  adopted,  is  at  this  time  no  novelty.  A  Com- 
mittee was  appointed,  hy  a  resolve  of  the  General  Court, 
passed  February  twenty-eighth,  one  thousand  seven  hun- 
dred and  ninety-nine,  whose  duty  it  was,  among  other 
things,  to  prepare  for  publication,  in  a  new  edition  of  our 
statutes,  then  contemplated,  such  British  statutes  and  parts 
of  statutes,  adopted  and  practised  upon  in  this  State,  as  they 
might  judge  proper. 

The  demand  for  the  edition  was  so  great,  and  its  publi- 
cation so  much  hastened,  that  the  Committee  appointed  had 
not  sufficient  time  to  select  and  prepare  the  British  statutes 
mentioned ;  and  the  subsequent  decease  of  one,  and  the 
avocations  of  the  others  of  the  Committee,  occasioned  this 
part  of  their  commission  to  remain  unfinished. 

Your  Committee  find  that  this  investigation  has  been  made 
in  four  of  the  other  States,   under  Legislative  authority, 
viz.:    in  New  \ork,  Virginia,  Pennsylvania,  and  Mary- 
land, and  that  considerable  benefit  has  been  thus  derived 
to  the  respective  States.     The  Legislature  of  Pennsylva- 
nia appointed  the  four  Judges  of  its  Supreme  Court  to  as- 
certain which  of  the  British  statutes  had  been  adopted  in  that 
State,  and  how  many  of  them  ought  to  be  reenacted.      On 
the  fourteenth  of  December,  A.  D.  one  thousand  eight  hun- 
dred and  eight,  they  made  their  report,  detailing  the  titles 
of  nearly  two  hundred  British  statutes,  or  parts  of  statutes, 
as  the  aggregate  of  those  adopted  by  that  Commonwealth. 
Men  learned  in  the  law,  have  denominated  this  a  very  im- 
portant document,  and  have  said,  that  a  safer  guide  in  prac- 
tice cannot  be  wanted.     The  Legislature  of  Maryland  has 
imposed  a  similar  task  on  the  Chancellor  of  the  State,  who 
is  reputed  to  have   executed  the  trust  with   great  ability. 
Your  Committee,  aware  that  Massachusetts  has  never  been 
behind  any  of  her  sister  States  in  enterprizes  and  projects 
of  public  utility,  now  cherish  a  sanguine  belief,  that  her 
Legislature  will  pay  due  and  immediate  regard  to  the  im- 
portant subject  under  consideration.     As  some  particulars, 
which  would  evidently  be  helps  in  the  accomplishment   of 
this  object,  are  recorded  only  in  the  note  books,  or  the  re- 
collections of  Judges  and  gentlemen  of  the  law,  venerable 
for  their  years  and  learning,  and  will  soon  be  lost ;    it  is 
thought  by  your  Committee,  that  the  present  is  the  proper 
time  to  authorize  a  further  investigation  of  this  subject : 


DEDHAM  BANK.— Feft.  16,  1819.  697 

they  therefore  submit  the  following  resolve  for  considera- 
tion and  adoption. 

WM.  D.  WILLIAMSON,  Chairman. 

Resolved,  That  the  Judges  of  the  Supreme  Judicial 
Court  of  this  Commonwealth  be,  and  they  are  hereby  con- 
stituted a  Committee  to  examine  and  report,  as  soon  as  con- 
sistent with  their  official  duties  and  personal  convenience, 
what  British  statutes  and  parts  of  such  statutes  have  been 
adopted,  and  usually  practised  upon  w  ithin  this  State. 


CHAP.  CCLIV. 

Resolve  directin^^  process  against  the  l)edham  BanJc, 
February  l6th,  1819. 

The  Committee,  appointed  by  the  Legislature,  on  the 
subject  of  banks,  to  whom  was  referred  the  petition  of  Sam- 
uel Bass  King,  praying  that  inquiry  be  made  into  the  con- 
duct of  the  Dedham  Bank,  and  "  that  the  Attorney  or 
Solicitor  Greneral  be  directed,  by  this  General  Court,  to  in- 
stitute process  in  the  nature  of  quo  warranto,  to  determine 
whether  the  President,  Directors  and  Company  of  said 
bank,  have  not  forfeited  their  charter,"  ask  leave  to  report 
the  fo^owing  facts  : 

That  the  said  bank  was  incorporated  the  twenty- sixth  of 
February,  eighteen  hundred  and  fourteen,  with  the  privi- 
leges common  to  the  other  banks  in  this  Commonwealth, 
with  a  capital  stock  of  one  hundred  thousand  dollars  ;  and 
that  soon  after  the  granting  of  said  charter,  the  said  bank 
went  into  operation ;  and  on  the  twentieth  day  of  August, 
one  thousand  eight  hundred  and  sixteen,  issued  a  large 
quantity  of  bills,  notes,  checks,  or  draughts,  payable  to  bear- 
er, drawn  on  the  Cashier  of  the  bank,  at  Middletown,  in 
the  State  of  Connecticut,  the  amount  of  which  are  to  the 
Committee  unknown  :  That  the  said  bills  or  draughts,  pay- 
able, as  aforesaid,  continue  to  pass  and  circulate,  as  the 
bills  of  other  banks,  within  and  without  this  Common- 
wealth :  That  the  course  of  this  measure  soon  arrested  the 


698  DEDHAM  BANK Veh  16,  1819. 

attention  of  this  Commonwealth,  and,  on  the  thirteenth  day 
of  December,  one  thousand  eight  hundred  and  sixteen,  a 
law  was  passed,  prohibiting  the  several  banks,  within  this 
Commonwealth,  from  issuing  any  bill,  note,  check,  or 
draught,  of  one  hundred  dollars,  or  less,  payable  at  any 
place,  other  than  at  the  bank  issuing  the  same,  unless  the 
same  shall  also,  on  the  face  thereof,  be  payable  at  the 
bank  from  which  it  was  issued  ;  and  likewise  that  any  bill, 
note,  check,  or  draught,  payable  at  any  other  place  than 
that  at  which  the  said  bank  is  kept,  and  which  had  been 
put  in  circulation  prior  to  the  passing  of  said  act,  may  be 
presented,  and  payment  demanded  at  the  bank  issuing  the 
same,  without  previous  demand  at  the  place  where  the 
same  is  on  the  face  thereof  payable  ;  and  that  if  the  bank^ 
which  issued  the  same,  shall  neglect  or  refuse  to  pay  the 
same  to  the  holder  thereof,  when  demanded,  it  shall  be  lia- 
ble to  pay  the  same  penalties  as  are  provided  by  the  act, 
entitled,  "  An  act  to  enforce  the  payment  of  bank  notes." 

It  further  appeared  to  your  Committee,  from  the  Cashier 
of  said  bank,  that  of  the  whole  amount  of  bills  in  circula- 
tion, issued  by  the  said  Dedham  Bank,  four  fifths,  at  least, 
are  payable  at  Middlctown ;  that  the  bills  or  draughts 
payable  at  Middletown,  are,  at  the  banks  in  Boston,  at  one 
per  cent,  discount ;  while  those  payable  at  the  bank  in 
Dedham,  are  only  half  per  cent,  discount ;  and  that  said 
bank  employs  an  Agent  to  take  up  the  bills  issued  by  said 
bank,  at  the  New  England,  and  other  banks  in  Boston, 
those  payable  at  Middletown  bank,  at  one  per  cent,  dis- 
count ;  which  Agent,  instead  of  returning  said  bills  to  the 
bank,  in  Dedham.  immediately  puts  them  again  in  circula- 
tion ;  and  the  like  course  is  pursued  at  the  Middletown 
Bank,  with  all  the  bills  which  are  there  presented  for  pay- 
ment ;  the  operation  of  which  practice  is,  that  the  bills,  or 
draughts,  issued  by  the  said  bank,  payable  at  Middletown, 
can  never  get  out  of  circulation,  unless  presented  by  the 
holders  at  the  bank  in  Dedham,  and  are  there  paid.  It 
likewise  appeared  to  your  Committee,  by  the  confession  of 
the  Cashier,  that  all  the  bills  or  draughts,  drawn  by  the 
Dedham  Bank  on  the  Cashier  of  the  Middletown  Bank, 
which  are,  or  have  been  paid  at  the  Dedham  Bank,  are 
taken  at  one  per  cent,  discount.  And,  upon  this  subject, 
your  Committee  would  further  report,  that  it  appeared  that 
the  said  Samuel  Bass  King  was  the  holder  of  about  six 


DEDHAM  BANK.— JPeZ>.  16,  1819.  693 

thousand  dollars  of  bills,  or  draughts,  of  the  said  Dedham 
Bank,  payable  at  Middletown,  two  thousand  dollars  of 
which  the  said  King  had,  since  the  date  of  the  abore  men- 
tioned act,  of  the  thirteenth  of  December,  one  thousand  eight 
hundred  and  sixteen,  presented  for  payment  at  the  bank  in 
Dedham,  which  was  refused,  and  a  suit  at  law  by  aim 
commenced,  for  the  amount  of  the  bills,  of  which  payment 
had  been  demanded  and  refused. 

Whether  any  of  the  bills,  or  draughts,  of  said  bank, 
payable  at  Middletown,  have  been  issued  or  put  in  circu- 
lation by  the  Officers  of  the  bank  at  Dedham,  or  their  Agents 
at  that  place,  since  the  said  thirteenth  of  December,  one 
thousand  eight  hundred  and  sixteen,  your  Committee  will 
not  positively  undertake  to  decide:  although  they  are  in- 
clined to  the  opinion  that  such  has  been  the  practice,  inas- 
much as  the  Cashier  would  not  decidedly  negative  the  fact. 
It  was  pretended  by  the  Agent  of  said  bank,  that  the  bills 
or  draughts  issued  by  them,  payable  at  Middletown,  was 
for  the  purpose  of  drawing  home  a  fund,  which  said  bank 
had  at  Middletown,  although  in  another  part  of  the  evi- 
dence, it  did  appear  to  your  Committee  that  few,  or  none  of 
the  bills,  redeemed  at  the  Middletown  Bank,  were,  after 
their  redemption,  returned  home  to  the  Dedham  Bank. 

Your  Committee  would  further  remark,  that  since  the 
examination,  which  took  place  in  June  last,  on  the  petition 
of  the  said  Samuel  Bass  King,  they  have  seen  in  circula- 
tion bills,  or  draughts,  issued  by  the  said  Dedham  Bank, 
payable  at  the  Middletown  Bank,  of  the  denomination  of 
one  hundred  and  one  dollars,  which  are  dated  the  sixth  of 
April,  one  thousand  eight  hundred  and  eighteen,  the  appar- 
ent design  of  which  is  to  elude  the  wholesome  provisions 
of  the  aforesaid  act  of  the  thirteenth  of  December,  one 
thousand  eight  hundred  and  sixteen,  which,  among  other 
things  provides,  that  nothing  contained  in  that  act,  shall 
extend  to  any  check  or  draught  drawn  by  the  President,  or 
Cashier  of  any  bank  within  this  Commonwealth,  on  any  other 
bank  within  or  without  this  Commonwealth,  for  any  sum 
exceeding  one  hundred  dollars.  The  last  mentioned  bills, 
or  draughts,  are  in  form  precisely  like  the  other  bills,  or 
draughts,  of  said  bank,  payable  at  the  Middletown  Bank. 
This  additional  fact  furnishes  further  evidence  of  the  dis- 
position of  the  Dedham  Bank  to  continue  a  course  of  mea- 
sures, contrary  to  what  your  Committee  deem  the  true  spirit 
10* 


!r00  MOSES  HODSDON.— 1<V&.  17,  1819. 

of  the  charter  of  said  bank.  Your  Committee  would,  there- 
fore, recommend  the  adoption  of  the  following  resolution^ 
which  is  submitted. 

J.  IIUNEWELL,  Per  Order. 

Resolved,  That  the  Attorney,  or  Solicitor  General,  cause 
to  be  instituted  process,  in  the  nature  of  quo  warranto, 
against  the  President,  Directors,  and  Company  of  the  Ded- 
ham  Bank,  for  the  purpose  of  determining  whether  they 
have  not  forfeited  their  act  of  incorporation. 


CHAP.  CCLV. 

Resolve  authorizing  the  Commissioners  of  the  Land  Office 

to  convey  Lot  JV'o.  8,  ^c.  to  Moses  Modsdon, 

February  17th,  1819. 

On  the  petition  of  the  Selectmen  of  Levant,  in  the  Coun- 
ty of  Penobscot,  praying  that  a  conveyance  of  three  hun- 
dred and  twenty  acres  of  reserved  lands  in  said  town,  may 
be  made  to  Moses  Hodsdon,  Esquire,  in  consideration  of  his 
having  built  a  bridge  therein,  pursuant  to  a  resolve  of  the 
General  Court,  passed  December  thirteenth,  one  thousand 
eight  hundred  and  sixteen  ; 

Resolved,  That  the  Commissioners  of  the  Land  Office 
be,  and  they  are  hereby  authorized  and  directed  to  convey 
by  deed  to  said  Moses  Hodsdon,  all  the  Commonwealth's 
right,  title,  and  interest  in  and  to,  lot  numbered  eight,  in 
the  fifth  range,  and  so  much  of  lot  numbered  one,  in  the 
eleventh  range  of  lots  and  ranges  in  said  town,  as  will  in 
the  whole  comprise  three  hundred  and  twenty  acres,  strict 
regard  being  had  to  the  location  of  said  lots,  as  approved 
and  sanctioned  by  the  Circuit  Court  of  Common  Pleas,  at 
their  terra  holden  in  January  now  last  past,  at  J3angor,  in 
the  County  of  Penobscot. 


EDWARD  MITCHELL.— Fe&.  17,  1819.       704 

CHAP.  CCLVL 

liesolve  authorizing  Edward  Mitchell,  Junior ,  to  sell  Land 
belonging  to  Indians.     February  17tli,  1819. 

On  the  petition  of  Edward  Mitchell,  Junior,  of  Bridge- 
water,  in  the  County  of  Plymouth,  praying  that  he  may  be 
authorized  to  make  sale  of  a  certain  piece  of  land  in  said 
Bridge  water : 

Resolved,  That  for  reasons  set  forth  in  said  petition,  the 
said  Edward  Mitchell,  Junior,  in  his  capacity  as  Guardian 
over  all  the  Indians  residing  in  Bridgewater,  in  the  County 
of  Plymouth,  or  owning  land  therein,  be,  and  he  hereby  is 
authorized  to  sell  at  public  auction,  a  certain  piece  of  land, 
situated  in  said  Bridgewater,  and  near  Robins'  Pond,  so 
called,  containing  about  thirteen  acres,  belonging  to  the 
estate  of  Josiah  James,  an  Indian,  late  of  said  Bridgewa- 
ter, deceased,  and  which  was  lately  set  off  to  one  Hannah 
James,  as  heir  to  said  Josiah  ;  and  to  make  and  execute 
good  and  sufficient  deed  or  deeds  to  the  purchaser  or  pur- 
chasers, which  shall  be  good  and  valid  in  law  ;  and  out  of 
the  proceeds  of  said  sale,  to  discharge  a  certain  debt  of  one 
hundred  and  twenty  dollars  due  from  the  estate  of  said 
Josiah  James,  to  him  the  said  Mitchell,  and  that  he  appro- 
priate the  remainder  to  the  use  and  benefit  of  the  said  Han- 
nah James,  in  his  said  capacity  of  Guardian  ;  he,  the  said 
Edward  Mitchell,  Junior,  first  giving  bonds  to  the  Judge 
of  Probate  for  the  County  of  Plymouth,  for  his  faithful  per- 
formance of  his  duty  and  trust  aforesaid,  and  to  account  to 
the  said  Judge  of  Probate  ;  also  giving  notice  of  the  time 
and  place  of  sale,  in  the  same  way  and  manner  as  is  pre- 
scribed by  law  for  Administrators  and  Executors,  to  make 
sale  of  the  real  estate  of  deceased  persons. 


70S  SETH  SVnmC^.^Feb,  17,  1819. 


CHAP.  CCLVII. 

Resolve  authorizing  the  Commissioners  of  the  Layid  Office 
to  settle  with  Seth  Spring.    February  17tb,  1819. 

Hesolvedf  That  the  Commissioners  of  the  Land  Office 
be,  and  they  hereby  are  authorized  to  settle  with  Seth 
Spring,  and  to  pay  him  the  amount  of  such  sums  of  money 
as  he  has  paid  into  the  treasury  of  the  Commonwealth  for 
a  tract  of  land,  which  was  considered  as  the  surplus  of 
Preseott's  Grant,  so  called,  with  interest  on  the  same  from 
the  time  of  such  payment  to  the  Commonwealth  ;  and  also 
such  further  sum,  as,  to  the  said  Commissioners,  upon  ex- 
amination into  the  circumstances  of  the  case,  shall  seem 
just  and  proper,  for  expenses  and  damages  incurred  by 
liim,  in  defending  in  any  Courts  of  Law,  the  title  which  he 
may  have  derived  from  the  Commonwealth :  Provided, 
however,  that  before  any  payment  shall  be  made  to  said 
Spring,  he  shall  make  and  execute  to  the  Commonwealth, 
such  release,  discharge,  and  acquittance,  as  the  said  Com- 
missioners shall  prescribe  ;  and  provided,  also,  that  be- 
fore the  said  Commissioners  shall  make  the  examination 
herein  before  provided,  the  said  Spring  shall  agree  to  sub- 
rait  his  claim  to  them,  and  to  be  bound  by  their  decision  of 
the  same ;  and  provided,  also,  that  the  said  Spring  shall, 
within  thirty  days  after  passing  this  resolve^  signify,  in 
writing,  to  the  Commissioners,  his  assent  and  agreement  to 
the  provisions  of  the  same. 

Resolved,  That  his  Excellency  the  Governor  be,  and  he 
hereby  is  authorized  to  draw  his  warrant  on  the  treasury 
for  such  sum  of  money  as  may  be  necessary  to  carry  the 
foregoing  resolution  into  effect. 


LEONARD  JARVIS.—Feft.  iY,  1S19.  r03 

CHAP.  CCLVIII. 

Resolve  relative  to  Leonard  Jarvis,     February  17tli,  18t9. 

Resolved^  Thai  the  Commissioners  of  the  Land  Office 
be,  and  they  hereby  are  authorized  and  empowered  to  ac- 
cept and  receive  from  the  widow,  heirs,  and  legal  repre- 
sentatives of  Leonard  Jarvis,  late  of  Surry,  in  the  County 
of  Hancock,  Esquire,  deceased,  and  all  other  persons  in- 
terested, such  conveyances  and  releases  to  the  Common- 
wealth,  of  all  their  right,  title,  and  interest,  to  the  lands 
described  in  said  deceased's  deed  of  mortgage,  made  to  the 
Commonwealth,  February  fourth,  one  thousand  eight  hun- 
dred and  one,  whether  derived  from  him,  as  heirs,  or  ob- 
tained otherwise,  either  jointly  or  individually,  and  pro- 
cure a  regular  conveyance  of  the  eighth  part  of  said  de- 
scribed premises,  conveyed  by  the  mortgagor  to  Philip 
Jarvis,  so  as  to  complete  the  Commonwealth's  title  there- 
to ;  and  shall  surrender  and  deliver  up  to  said  Commis- 
sioners, all  the  evidence  of  the  said  deceased's  title  or 
claim  to  said  lands,  or  any  part  of  the  same,  in  their  power, 
and  shall  pay  said  Commissioners,  for  the  use  of  the  Com- 
monwealth, a  fair  and  just  consideration  for  all  timber, 
which  they,  or  said  deceased,  while  in  full  life,  have  per- 
mitted to  be  cut  on  said  mortgaged  premises,  within  five 
years  last  past.  And  upon  the  performance  thereof,  said 
Commissioners  shall  take  possession  of  the  whole  lands 
aforementioned,  in  behalf  of  said  Commonwealth,  and  cer- 
tify the  facts  to  the  Treasurer  of  the  Commonwealth,  who 
shall  thereupon  endorse  on  the  judgment  rendered  on  said 
notes  against  Leonard  Jarvis,  deceased,  or  on  the  execu- 
tion  sued  out  thereon,  that  the  same  judgment  or  execu- 
tion is  satisfied,  by  accepting  the  lands  mentioned  in  the 
said  mortgage,  and  by  the  conveyances,  releases,  and  pay- 
ments for  cutting  timber,  as  herein  previously  mentioned. 

And  be  it  further  resolved,  That  the  Commissioners  of 
the  Land  Office  be,  and  they  hereby  are  empowered  and 
directed  to  receive  and  adjust  the  claims  and  possession  of 
all  persons  to  any  part  of  said  mortgaged  lands,  which  said 
Commonwealth  shall  derive  title  to,  by  force  of  any  release 
or  conveyance  made  pursuant  to  these  resolves,  upon  such 
terms  and  conditions  as  they  shall  judge  reasonable,  after 


704^  RUTH  KIRBEY.— l<'e&.  18,  1819. 

a  full  examination  of  the  circumstances  of  each  claim ;  and 
to  make  and  execute  releases  of  the  Commonwealth's  title 
to  parts  thereof,  to  any  persons  whose  claims  thereto  they 
shall  sanction ;  and  to  make  sale  of  the  residue  of  said 
lands,  in  such  parcels,  and  upon  such  terms  and  condi- 
tions as  they  shall  judge  most  for  the  interest  of  the  Com- 
monwealth. And  said  Commissioners  are  authorized  and 
directed  to  take  any  measures  that  may  be  necessary  for 
partition  of  any  part  of  said  premises,  or  to  perfect  the 
Commonwealth's  title  thereto,  that  iu  the  progress  of  their 
duty  may  be  found  necessary. 

And  be  it  further  resolved,  That  the  report  of  George 
Herbert,  Esquire,  Agent  for  the  Commonwealth,  for  the 
aforesaid  lands,  with  all  the  documents  accompanying  the 
same,  be  lodged  in  the  Land  Office. 


CHAP.  CCLIX. 

Resolve  to  pay  the  Preacher  of  the  Election  Sermon, 
February  18th,  1819. 

Resolved,  That  there  shall  be  allowed  and  paid  out  of 
the  treasury  of  this  Commonwealth,  to  the  gentleman  who 
shall  preach  the  election  sermon,  in  May  next,  fifty  dol- 
lars ;  and  that  his  Excellency  the  Governor  be  authorized 
to  draw  his  warrant  on  the  Treasurer  for  said  sum. 


CHAP.  CCLX. 

Resolve  granting  the  Commonwealt¥s  right  to  certain 
property,  to  Ruth  Kirbey.     February  18th,  1819. 

The  Committee  of  both  Houses,  to  whom  was  referred 
the  petition  of  Ruth  Kirbey,  praying  that  there  may  be 
relinquished  to  her,  certain  property  which  escheated  to  the 
Commonwealth,  have  had  the  same  under  consideration^ 


PENSIONS  TO  SOLDIERS.— l^eft.  18,  1819.    705 

and  ask  leave  to  report,  by  way  of  resolve.     All  which  is 
respectfully  submitted. 

J.  B.  VARNUM,  Chairma7i. 

Resolved,  For  reasons  set  forth  in  said  petition,  that  all 
the  right,  title  and  interest,  which  the  Commonwealth  has, 
or  might  have,  in  and  to  the  personal  estate  of  John  Hunt, 
lately  resident  of  Boston,  in  said  Commonwealth,  mariner, 
deceased,  remaining  in  the  hands  and  possession  of  Eben- 
ezer  Hawkes,  of  Saugiis,  in  the  County  of  Essex,  Admin- 
istrator of  said  Hunt's  estate,  said  Hunt  having  died  intes- 
tate, leaving  no  heirs  at  law,  be,  and  the  same  is  hereby 
granted  and  released  to  said  Ruth  Kirbey ;  and  said  Ad- 
ministrator is  hereby  authorized  and  directed  to  vest  said 
personal  estate,  the  just  debts  of  said  Hunt  being  first  paid, 
in  such  manner  as  shall  be  directed  by  the  Judge  of  Pro- 
bate, for  the  County  of  Essex,  to  be  applied  to  the  support 
of  said  Ruth,  during  her  life,  and  the  residue,  if  any,  at  her 
decease,  to  go  to  her  heirs. 


CHAP.  CCLXI. 

Mesolve  granting  Compensation  and  Pensions  to  certain 
wounded  and  sick  Soldiers,     February  18th,  1819. 

The  Committee  of  both  Houses,  to  whom  was  referred 
the  petition  of  William  Ramsdell,  David  Sevey,  Israel 
Town,  James  Varney,  and  James  Soule,  praying  that  they 
may  receive  compensation  for  expenses  incurred  by  sick- 
ness and  wounds,  received  while  on  military  duty,  have 
bad  the  same  under  consideration,  and  ask  leave  to  report 
the  following  resolve,  which  is  respectfully  submitted,  by 
order  of  the  Committee. 

JONATHAN  HUNEWELL,  Per  Order, 

Jlesolved,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  this  Commonwealth,  to  Martin  Wheelock,  of 
Gardner,  County  of  Worcester,  eighty  dollars,  in  full  com- 
pensation for  expenses  inctirred  by  a  wound  he  received, 
while  on  military  duty  5  and  also,  the  further  sum  of  forty 


706    AMEND.  OF  CONSTITUTION.— Fe6. 18, 1819. 

dollars  a  year,  for  three  years,  should  he  live  so  long. 
Also,  to  William  E.  Uamsdell,  of  Lynn,  for  a  wound  he  re- 
ceived, vjrhile  on  military  duty,  the  sum  of  thirty -five  dol- 
lars, in  full.  Also,  to  David  Sevey,  of  Machias,  the  sum 
of  fifty  dollars,  in  full,  for  his  sufferings.  Also,  to  Israel 
Town,  a  soldier  in  the  artillery,  belonging  to  the  first  brig- 
ade, and  fourth  division  of  the  militia,  fifty  dollars,  in  full 
of  all  claims  for  injury  received.  Also,  to  James  Varney, 
of  Eliot,  in  the  County  of  York,  for  expenses  incurred  by 
sickness,  while  doing  duty  as  a  soldier,  at  Kittery  Point, 
the  sum  of  twenty-four  dollars,  the  same  to  be  in  full.  sW- 
so,  to  James  Soule,  a  soldier  in  a  rifle  company,  command- 
ed by  Captain  Benjamin  King,  of  the  third  regiment,  first 
brigade,  fifth  division  of  militia,  for  a  wound  he  received, 
while  on  military  duty,  the  sum  of  forty  dollars,  in  full  for 
cost  and  suffering  he  received.  Also,  to  David  Thompson, 
a  pensioner,  for  the  loss  of  his  left  arm,  in  the  old  French 
war,  fifteen  dollars  per  year,  in  addition  to  sixty  dollars, 
now  allowed  him  per  year,  during  life. 


CHAP.  CCLXII. 

Resolve  relative  to  Amendment  to  the  Constitution  of  the 
United  States,     February  18th,  1819. 

Whereas,  the  Legislatures  of  several  States  in  the  Un- 
ion  have  proposed  an  amendment  to  the  constitution  of  the 
United  States,  in  the  words  following,  viz.  : 

"  That  for  the  purpose  of  choosing  Representatives  in 
the  Congress  of  the  United  States,  each  State  shall,  by  its 
Legislature,  be  divided  into  a  number  of  districts,  equal  to 
the  number  of  Representatives  to  which  such  State  may 
be  entitled.  The  districts  shall  be  formed  of  contiguous 
territory,  and  contain,  as  nearly  as  may  be,  an  equal  num- 
ber of  inhabitants,  entitled  by  the  constitution  to  be  repre- 
sented. In  each  district,  the  qualified  voters  shall  elect 
one  Representative,  and  no  more.  That  for  the  purpose  of 
appointing  Electors  for  the  President  and  Vice  President 
of  the  United  States,  in  each  tlistrict,  entitled  to  elect  a 
Representative  in  the  Congress  of  the  United  States,,  the 


AMEND.  OF  CONSTITUTION.— Fe6. 18, 1819.     707 

persons  qualified  to  vote  for  Representatives,  shall  appoint 
one  Elector,  and  no  more.  The  additional  two  Electors, 
to  which  each  State  is  entitled,  shall  be  appointed  in  such 
manner  as  the  Legislature  thereof  may  direct. 

"The  Electors,  when  convened,  shall  have  power,  in 
case  any  of  them,  appointed  as  above  prescribed,  shall  fail 
to  attend  for  the  purposes  of  their  said  appointment,  on  the 
•  day  prescribed,  for  giving  their  votes  for  President  and 
Vice  President  of  the  United  Stales,  to  appoint  another,  or 
others,  to  act  in  the  place  of  him  or  them,  so  failing  to  at- 
tend. 

"  Neither  the  districts  for  choosing  Representatives,  nop 
those  for  appointing  Electors,  shall  be  altered  in  any  State, 
until  a  census,  and  apportionment  of  Representatives  under 
it,  subsequent  to  the  division  of  the  States  into  districts, 
shall  be  made.  The  division  of  States  into  districts,  here- 
by provided  for,  shall  take  place  immediately  after  this 
amendment  shall  be  adopted  and  ratified,  as  a  part  of  the 
constitution  of  the  United  States ;  and  successively,  imme- 
diately afterwards,  whenever  a  census  and  apportionment 
of  Representatives  under  it,  shall  be  made.  The  division 
of  each  State  into  districts,  for  the  purposes,  both  of  choos- 
ing Representatives,  and  of  appointing  Electors,  shall  be 
altered  agreeable  to  the  provisions  of  this  amendment,  andt 
on  no  other  occasion." 

Resolved^  That  the  amendment,  proposed  as  aforesaid, 
should  it  become  a  part  of  the  constitution  of  the  United 
States,  will  be  salutary  in  its  operation  ;  and  that  our  Sen- 
ators in  the  Congress  of  the  United  States  be  instructed, 
and  our  Representatives  requested,  to  use  their  endeavors, 
to  eifect  such  amendment. 

Resolved,  That  his  Excellency  the  Governor  be  request- 
ed to  forward  a  copy  of  the  preceding  resolution,  to   each 
©four  Senators  and  Representatives  in  the  Congress  of  the 
United  States. 
10^ 


708         PAY  OF  OFFICERS.— l?'e&.  19, 1819. 
CHAP.  CCLXTII. 

Resolve  for  paying  Chaplains.     February  19tli,  1819. 

Resolved,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  this  Commonwealth,  to  the  Reverend  Henry 
Ware,  Junior,  Chaplain  of  the  Senate,  and  to  the  Reverend 
Doctor  Thomas  Baldwin,  Chaplain  of  the  House  of  Re- 
presentatives, sixty  dollars  each,  in  full  for  their  services 
in  said  offices,  the  present  year. 


CHAP.  CCLXIV. 

Resolve  to  pay  Committee  on  Accounts. 
February  19th,  1819. 

Resolvedf  That  there  be  allowed  and  paid  to  the  Com- 
mittee on  Accounts,  one  dollar  per  day,  over  and  above 
their  pay  as  Members,  for  the  present  session,  to  wit :  Hon- 
orable James  Howland,  2d,  thirty-eight  days,  thirty-eight 
dollars  ;  Honorable  Stephen  P.  Gardner,  thirty-eight  days, 
thirty-eight  dollars ;  Alford  Richardson,  Esquire,  thirtj^- 
eight  days,  thirty-eight  dollars  ;  Samuel  Porter,  Esquire, 
thirty-eight  days,  thirty-eight  dollars  ;  John  Howe,  Es- 
quire, fourteen  days,  fourteen  dollars. 


CHAP.  CCLXV, 

Itesolve  to  pay  Assistant  to  Messenger  of  the  Governor  and 
Council.     February  19th,  1819. 

Resolved,  That  there  be  allowed  and  paid  from  the 
treasury  of  this  Commonwealth,  unto  Ward  Lock,  Assist- 
ant to  the  Messenger  of  the  Governor  and  Council,  two 
dollars  and  fifty  cents,  for  each  and  every  day  he  has  been 
or  may  be  employed  in  that  capacity,  during  the  present 
session  of  the  Council. 


ARMS.— ANN.  ACCOUNTS.— JPe&.  20,  1819.    709 


CHAP.  CCLXVI. 

Mesolve  in  favor  of  Henry  W.  Bwight. 

February  IQlh,  1819.  r 

Resolved,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  this  Commonwealth,  the  sum  of  twelve  dollars, 
to  Henry  W.  Dwight,  for  six  days  attendance,  previous  to 
the  present  session,  on  the  Committee  of  the  revenue  and 
fiscal  concerns ;  and  that  his  Excellency  the  Governor  be 
requested  to  draw  his  warrant  on  the  Treasurer  for  the 
same. 


CHAP.  CCLXVII. 

Resolve  relative  to  »3.rms,  Sfc.  taken  at  Hastport. 
February  19th,  1819. 

Resolved,  That  his  Excellency  the  Grovernor  be  author- 
ized and  requested  to  cause  the  muskets  and  accoutrements, 
the  property  of  individuals,  which  were  taken  at  the  cap- 
ture of  Moose,  Dudley  and  Frederick  Islands,  and  which 
were  restored  by  the  British  Commissioners,  to  the  officer 
appointed  to  receive  the  possession  of  the  same,  in  behalf 
of  this  Commonwealth,  to  be  delivered  to  the  individuals 
from  whom  they  were  taken,  or  to  whom  they  belong. 


CHAP.  CCLXVIII. 

Resolve  directing  Officers  of  Govermnent  to  render  Annual 
Accounts*    February  20th,  1819. 

Resolved,  That  the  Secretary  of  the  Commonwealth,  the 
Treasurer,  Adjutant  General,  Q^uarter  Master  General,  and 
the  Commissioners  for  the  sale  and  settlement  of  the  public 


710         Q.  M.  G.— INDIANS.— i<'e&.  SO,  1819. 

lands,  ill  the  District  of  Maine,  be,  and  they  are  hereby  sev- 
erally directed  to  make  out  an  account  to  the  first  of  January, 
m  each  year,  specifying  the  amount  of  salaries  and  allow- 
ances made  to  each  of  the  said  Officers,  the  number  of 
Clerks  by  them  employed,  their  names,  the  periods  of  ser- 
vice, and  the  amount  allowed  them,  with  all  expenses  at- 
taching to  their  respective  offices ;  and  to  report  the  same 
to  the  Legislature  which  may  tlien,  or  next  thereafter,  be  ia 
session. 


CHAP.  CCLXIX. 

Resolve  maJcing  afprojpriation  for  Quarter  Master  Gen- 
eraVs  jbejpartment.     February  20th,  1819. 

Resolved,  That  a  sum  not  exceeding  four  thousand  dol- 
lars, be  appropriated  for  the  service  of  the  Quarter  Master 
General's  Department ;  and  that  his  Excellency  the  Gover- 
nor be  requested  to  issue  his  warrant,  from  time  to  time, 
for  such  parts  of  said  sum  as  may  be  required  for  the  ser- 
vice of  that  department ;  the  Quarter  Master  General  to  be 
accountable  for  the  same. 


CHAP.  CCLXX. 

Resolve  in  favor  of  Agent  of  Penobscot  Indians, 
February  20th,  1819. 

On  the  representation  of  his  Excellency  the  Governor, 
accorapained  by  the  report  of  the  Honorable  Council,  and 
the  petition  of  General  John  Blake,  relating  to  the  Penob- 
scot Indians  ; 

Resolved,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  this  Commonwealth,  to  said  John  Blake,  three 
hundred  and  thirty  dollars,  and  sixty-three  cents,  in  full 
for  his  services  and  disbursements,  as  A§eat  of  the  Penob- 


I 


S.  M.  POND.— PENOB.  IND.— Fe&.  20,  1819.    711 

scot  Indians,  to  the  time  of  passing  this  resolution  ;  and 
the  Governor,  with  the  advice  of  Council,  be,  and  he  is 
hereby  authorized  to  draw  his  warrant  on  the  treasury  for 
the  same  :  Provided,  however,  that  the  said  John  Blake, 
at  the  time  he  shall  so  receive  said  warrant  on  the  treasury, 
do  give  a  receipt,  running  to  said  Commonwealth,  in  full 
for  all  bis  services,  disbursements  and  claims,  touching  said 
agency,  to  be  lodged  in  the  Secretary's  Office. 


CHAP.   CCLXXI. 

Resolve  in  favor  of  Samuel  M.  Pond, 
,     February  20th,  1819. 

Whereas,  the  order  of  the  Senate  and  House  of  Re- 
presentatives, on  the  petition  of  8amuel  M.  Pond,  direct- 
ing the  Committee  on  Accounts,  to  allow  him  a  certain  com- 
pensation for  his  services,  as  President  of  a  Court  Martial, 
was  not  approved,  and  transmitted  by  his  Excellency  the 
Governor,  to  said  Committee,  previously  to  the  making  up 
the  roll  of  accounts  ; 

Resolved,  That  there  be  paid  out  of  the  treasury  of  this 
Commonwealth,  to  Samuel  M.  Pond,  the  sum  of  thirty 
dollars,  and  forty-three  cents,  in  full  for  the  services  set 
forth  in  said  petition  and  order  thereon. 


CHAP.  CCLXXII. 

Resolve  relative  to  Treaty  with  Penobscot  Indians, 
February  20th,  1819. 

Whereas,  the  Honorable  Edward  H.  Robbins,  Mark 
li.  Hill,  and  Daniel  Davis,  Esquires,  Commissioners  ap- 
pointed by  his  Excellency  the  Governor,  in  conformity  to 
a  resolve  passed  on  the  thirteenth  day  of  February  last, 
€id,  on  the  twenty-niuth  day  of  June  last,  negociate  a  trea- 


713  J.  MCMILLAN.— J^e&.  20,  1819. 

iy  with  tlie  Penobscot  tribe  of  Tudians,  by  which  said  tribe 
released  to  the  Commonwealth,  all  their  claims  to  land  on 
both  sides  of  the  Penobscot  River  and  the  branches  there- 
of, with  the  exceptions  in  said  treaty  specified,  for  an  an- 
nuity, as  in  said  treaty  provided.  Now,  therefore,  the  bet- 
ter to  carry  said  treaty  into  eftect, 

-  Resolved,  That  it  shall  be  the  duty  of  the  Governor  of 
the  Commonwealth  for  the  time  being,  with  the  advice  of 
Council,  to  cause  the  stipulations  and  engagements  in  said 
treaty,  to  be  performed  in  good  faith,  and  carried  into  effect 
in  such  manner  as  he  shall  judge  most  honorable  to  the 
Commonwealth,  and  beneficial  to  the  Penobscot  tribe  of 
Indians  ;  and  to  draw  his  warrant  on  the  Treasurer  for  the 
amount  necessary,  not  exceeding  two  thousand  dollars  in 
any  one  year,  unless  there  shall  be  a  future  appropriation 
by  the  Legislature  for  that  object. 

Be  it  further  resolved,  That  said  Commissioners  be,  and 
they  hereby  are  discharged  from  the  sum  of  six  hundred 
dollars,  by  them  received  from  the  treasury  of  said  Com- 
monwealth, by  virtue  of  the  aforementioned  resolve  ;  and 
also,  from  the  sum  of  fifteen  hundred  and  forty-one  dollars 
and  sixteen  cents,  for  goods  and  merchandize,  by  them 
received  of  the  Quarter  Master  General,  for  the  purpose  of 
effecting  said  treaty,  and  for  which  they  gave  their  receipt ; 
and  that,  what  they  have  received  be  in  full  compensation 
for  their  services  and  expenses. 

Be  it  further  resolved,  That  no  grant  of  land  made,  or  to 
be  made,  shall  be  located  on  any  of  the  lands  acquired  by 
this  treaty,  unless  such  location  shall  be  expressly  author- 
ized by  a  future  grant  of  the  Legislature  ;  and  that  this 
reservation  be  expressed  in  all  the  deeds  which  may  be 
given  by  the  Commissioners  of  the  Land  Office. 


CHAP.  CCLXXIIL 

Resolve  further  to  suspend  the  prosecution  of  the  Sureties 

of  John  McMillan,  late  Sheriff  of  Oxford. 

February  SOth,  1819. 

Resolved,   That  the  sureties  of  John   McMillan,  latie 
Sheriff  of  the  County  of  Oxford;  be  allowed  until  the  third 


T.  WALCUTT— MILLS.— Fe&.  30,  1819.      713 

Wednesday  of  the  second  session  of  the  next  General 
Court  of  this  Commonwealth,  to  pay  the  sums  which  they 
are  holden  to  pay  to  this  Commonwealth  ;  and  that  the 
Treasurer  of  this  Commonwealth  be,  and  he  is  hereby  di- 
rected to  suspend  the  prosecution  of  the  sureties  of  said 
Sheriff,  accordingly. 


CHAP.  CCLXXIV. 

Resolve  to  jpay  Thomas  Walcutt.      February  20th,  1819. 

Resolvedj  That  there  be  paid  out  of  the  treasury  of  this 
Commonwealth,  to  Thomas  Walcutt,  a  Clerk  in  the  Lob- 
bies, for  the  assistance  of  the  Members  of  the  Legislature, 
the  sum  of  one  hundred  and  twenty-five  dollars,  in  full  for 
his  services,  the  present  session  of  the  General  Court. 


CHAP.  CCLXXV. 

Resolve  relative  to  Mills^  at  Hale's  Stream,  near  Moose 
River,     February  gOth,  1819. 

Whereas,  the  appropriations  made  by  a  resolve  of  the 
seventeenth  of  February,  one  thousand  eight  hundred  and 
eighteen,  to  erect  a  saw  and  grist  mill,  on  Hale's  Stream, 
near  Moose  River,  are  found  to  be  insufficient  to  insure  the 
accomplishment  of  the  object ;  Therefore, 

Resolved,  That  the  Commissioners  of  the  Land  Office 
be  authorized  to  convey,  to  the  persons  who  shall  erect 
said  mills,  the  whole  of  the  stream  and  privilege,  necessary 
to  said  mills,  mentioned  in  said  resolve,  and  one  hundred 
acres  of  land,  instead  of  fifty,  as  therein  provided  ;  said 
undertaking  being  in  all  other  particulars,  in  conformity  to 
said  resolve.  And  said  Commissioners  are  hereby  author- 
ized and  directed  to  make  such  agreement  with  persons 
who  shall  become  actual  settlers  on  the  new  road  to  Can- 
ada, for  keeping  said  road  open,  as  they  shall  judge  indis- 
pensably necessary  to  the  safe  passing  of  travellers. 


ROLL,  No.  80 JANUARY,  1819. 


TFTE  Committee  on  Accounts,  having  examined 
the  several  accounts  they  now  present, 

REPORT,  that  there  is  now  due  to  the  Corpora- 
tions and  persons  hereafter  mentioned,  the  sums 
set  to  their  names  respectively  ;  which,  when  al- 
lowed and  paid,  will  be  in  full  discharge  of  the  said 
accounts,  to  the  several  dates  therein  mentioned  ; 
wliich  is  respectfully  submitted. 

JAMES  ROWLAND,  2d,  Per  Order, 

PAUPER  ACCOUNTS. 

Town  of  A^bington,  for  board,  clothing  and  doc- 
toring Phoraas  Seymour,  to  1 6th  January,  18 19,    S  .'iS  50 

Amiiei'st.  for  board,  clothing,  doctoring  and  nurs- 
ing Robert  and  Jane  Richardson,  to  l9th  Jan- 
uary, 1819,  123  56 

Andover,  for  board,  clothing,  and  doctoring  sun- 
dry paupers,  to  1st  January,  1819,  413  88 

Adams,  for  board,  clothing,  doctoring  and  nurs- 
ing sundry  paupers,  to  14th  January,  1819,  261  96 

Alfred,  for  support  of  Johnbranche  Dore  and  Tri- 

gant  de  Beaumont,  to  7th  November,  1818,  37  80 

Arundel,  for  board  and  clothing   Henry  Rolf,  to 

36th  November,  1818,  88  00 

Augusta,  for  board,  clothing  and  nursing  sundry 

paupers,  to  1st  January,  18i9;  158  61 


PAUPER  ACCOUNTS.  715 

Anson,  for  support  of  Margaret  James  and  her 
children,  Mary,  Joseph,  and  Jane,  to  11th 
January,  1819,  79  20 

Alford,   for  support   and  doctoring  Abia  Tyler 

and  Edward  GUnn,  to  July,  1818,  115  11 

Avon,  for  support  of  Louisa  Hodgnian  and  five 

children,  to  18th  November,  1816,  oi  33 

Beverly,  for  board  and  clothing  sundry  paupers, 

to  1st  January,  1819,  164  85 

Barre,  for  board   and  clothing  Samuel  Lee  and 

Sally  Faylor,  to  7th  January,  1819,  40  36 

Brimfield,  for  board  and  clothing  Jonathan  Hill, 

to  19th  December,  1818,  '  37  24 

Bradford,  for  board  and  clothing  Joshua  Alesarse, 

to  1st  January,  1819,         •  37  31 

Blandford,  for  board  and  clothing  sundry  paupers, 

to  14th  January,  1819,  '  133  91 

Bangor,  for  support  and  doctoring  John  Haycock 
and  family,  and  James  Johnson,  till  they  left 
the  town,  September,  1818,  61  60 

Bowdoinham,  for  board  and  clothing  Betsey  Par- 
ker, till  her  death,  and  funeral  charges,  26  77 

Braintree,  for  board,  doctoring  and  nursing  Eliza 
Blackman,  till  she  left  the  town,  and  Titus,  a 
negro,  to  14th  January,  1819,  76  24 

Billerica,  for  support  and  doctoring  sundry  pau- 
pers, to  20th  January,  1819,  142  00 

Bridgewater,  for  board  and  clothing  Robert  Green 

and  William  Badger,  to  28th  January,  1819,  84  60 

Boston  Board  of  Health,  for  support  and  doctor- 
ing sundry  paupers,  with  the  small  pox,  at 
Rainsford's  Island,  to  20th  January,  1819,  32  00 

Bath,  for  board,  clothing,  doctoring  and  nursing 

sundry  paupers,  to  15th  January,  1819,  286  10 

Bristol,  for  board  and  clothing  William  Howe  and 

Samuel  Hill  and  wife,  to  11th  December,  1818,      171  20 

Burlington,  for  support  of  Thomas  Hardman,  to 

27th  January,  1819,  45  52 

Boston,  for  board  and  clothing  sundry  paupers,  to 
30th  November,  1818^,  7686  79 

106 


716  PAUPER  ACCOUNTS. 

Belehertown,  for  board,  clothing,  doctoring  and 

nursing  sundry  paupers,  to  15th  January,  1819,     114  85 

Bradford,  Ann,  Administratrix  of  Samuel  Brad- 
ford, deceased,  late  Keeper  of  the  gaol,  in  the 
County  of  Suffolk,  for  support  of  sundry  poor 
prisoners,  confined  for  debt,  to  'ith  September, 
1818,  135  21 

Bell,  Shubael,  late  Keeper  of  the  gaol,  in  the 
County  of  Suffolk,  for  support  of  sundry  poor 
prisoners,  confined  for  debt,  from  5th  Septem- 
ber to  13th  October,  1818,  131  78 

Conway,  for  board,  clothing,  nursing  and  doctor- 
ing Charles  Freeman,  to  20th  May,  1818,  and 
Charles  Sampson,  till  his  death,  June,  1818, 
and  his  and  Matilda  Freeman's  funeral  charges,       93  18 

Carlisle,  for  board  and  clothing  Robert  Barber,  to 

4th  January,  1819,  41  44 

Chester,  for  board  and  clothing  sundry  paupers, 

to  13th  January,  1819,  157  40 

Colrain,  for  support  and   doctoring  Richard  and 

Rachel  Hines,  to  2d  January,  1819,  133  50 

Canton,  for  board  and  clothing  John  Cole,  to  14th 
January,  1819,  44  09 

Clinton,  for  funeral  charges  of  Ebenezer  Aers, 

26th  January,  1819,  5  00 

Cape  Elizabeth,  for  board  and  clothing  sundry 

paupers,  to  1st  January,  1819,  212  00 

Chesterfield,  for  board  and  clothing  sundry  pau-     - 

pers,  to  11th  January,  1819,  180  80 

Charlestown,  for  board  and  clothing  sundry  pau- 
pers, to  28th  January,  1819,  674  11 

Canaan,  for  support  of  William  Jones  and  fam- 
ily, to  1st  August,  1817,  43  50 

Cheshire,  for  board,  clothing,  doctoring  and  nurs- 
ing sundry  paupers,  to  9th  January,  181 9^  283  15 

Cherryfield,  for  board,  clothing  and  doctoring 
Richard  Barfield,  till  his  death,  and  funeral 
charges.  May,  1818,  35  00 

Camden,  for  board  and  clothing  John  Bloom,  and 
house  rent  for  Richard  Con  way  ^s  family,  to 
29th  January,  1819;  86  81 


PAUPER  ACCOUNTS.  717 

Cambridge,  for  board  and  clothing  sundry  pau- 
pers, to  aeth  January,  1819,  535  37 

Dracut,  for  support  of  John  Butler,  till  his  death, 
and  funeral  charges,  13th  July,  1818,  and 
Richard  Baker,  to  l6th  January,  1819,  107  SI 

Dresden,  for  board  and  clothing  John  CuUen,  to 

1st  January,  1819,  67  30 

Dedhani,  for   board   of  Israel   Jenks    and  Earl 

Pitcher,  to  10th  December,  1818,  7  §8 

Danvers,  for  board  and  clothing  sundry  paupers, 

to  19th  January,  1819,  1800  14 

Dorchester,   for    support  and    doctoring   George 

Ridgley,  to  November,  1818,  45  25 

Egremont,  for  board,  clothing,  doctoring  and  nurs- 
ing sundry  paupers,  to  14th  January,  1819,  W7  08 

Eastham,  for  board,  clothing,  doctoring  and  nurs- 
ing David  Lund,  till  his   death,  31st  March, 

1818,  and  funeral  charges,  76  78 
Eliot,  for  board,  clothing,  doctoring  and  nursing 

Jacob  Brewer  and  Abigail  Randall,  to  19th 
January,  1819,  134  97 

Framingham,  for  support  of  Lucy  Green,  to  16th 

January,  1819,  23  40 

Fayette,  for  board  and  clothing  William  Godfrey 

Martin,  to  1st  January,  1819,  67  gO 

Falmouth,  Barnstable  County,  for  board,  clothing 
and  doctoring  Edward  Edwards,  to  19th  Janu- 
ary, 1819,  110  80 

Friendship,  for  board  and  clothing  James  Met- 
calf  and  Martha  Bigmore,  to  26th  January, 

1819,  114  40 
Falmouth,    Cumberland   County,  for  board   and 

clothing  sundry  paupers,  to  1st  January,  1819,  S52  40 
Franklin,  for  board  and  nursing  John  Johnson, 

to  36th  May,  1818,  ^'^  37 

Fairhaven,  for  support  of  Sarah  Carr  and  Dorcas 

Smith,  to  1st  January,  1819,  58  75 

Granville,  for  board  and  clothing  Simon  Hoffman 

and  George  Taylor,  to  1st  January,  1819,  77  54 


718  PAUPER  ACCOUNTS. 

Gardiner,  for  board  and  clothing  sundry  paupers, 
and  funeral  cliarges  of  Eleanor  Thorns,  to  10th 
January,  1819,  14170 

Crarduer,  for  support  of  John  Brinkman,  to  6th 

January,  1819,  30  00 

Grafton,  for  hoard,  clothing  and  doctoring  Benja- 
min White  and  Isaac  Newman,  to  25th  Decem- 
ber, 1818,  and  Submit  Awansimug,  to  14th 
January,  1819,  277  69 

Groton,  for  board,  clothing,  doctoring  and  nurs- 
ing sundry  paupers,  to  iOth  January,  1819,  368  36 

Gorham,  for  support  of  Robert  Gilfilling,  to  31st 

January,  1819,  52  50 

Great  Barrington,  for  board  and  clothing  sundry 

paupers,  to  28th  January,  1819,  282  84 

Gill,  for  board,  clothing,  doctoring  and  nursing 

sundry  paupers,  to  16th  January,  1819,  181  77 

Gloucester,  for  board  and  clothing  sundry  pau- 
pers, to  lOth  November,  1818,  569  61 

Hawley,  for  board,  clothing  and  doctoring  sundry 

paupers,  to  14th  January,  1819,  68  36 

Harlem,  for  support  of  William  Youling,  to  lOth 

November,  1818,  33  60 

Hull,  for  support  of  Thomas  Herron,  to  3d  Feb- 
ruary, 1819,  24  60 

Hallowell^   for  board,    clothing,    doctoring    and 

nursing,  to  1st  January,  1819,  sundry  paupers,      456  27 

Haverhill,  for  board,  clothing  and  doctoring  sun- 
dry paupers,  to  1st  January,  1819,  73  86 

Harrington,    for   board,    nursing   and    doctoring 

William  Pearce,  to  10th  March,  1818,  16  87 

Hadley,  for  support  and  doctoring  Friday  Allen 

and  wife,  to  11th  January,  1819,     .  57  33 

Hall,  Joseph,  Keeper  of  the  gaol,  in  County  of 
SuflFolk,  for  support  of  sundry  poor  prisoners, 
confined  for  debt,  to  10th  February,  1819,  272  99 

Ipswich,  for  board  and  clothing  sundry  paupers, 

to  24th  January,  1819,  172  62 

Jay,  for  board,  clothing  and  nursing  Elizabeth 
Bell,  to  12th  January,  1819,  37  14 


PAUPER  ACCOUNTS.  719 

Jouesborougli,  for  board,  clothing,  doctoring  and 
nursing  James  Kevan  and  John  Harrington,  to 
11th  November,  1818,  170  08 

Kittery,  for  board,  clothing  and  doctoring  sundry 

paupers,  to  13th  January,  1819,  185  98 

Leominster,  for  board  and  doctoring  Neal  Lettage, 

and  funeral  charges,  18th  September,  1818,  7  00 

Leyden,  for  board,  clothing  and  doctoring  sundry 
paupers,  to  8th  January,  1819,  and  funeral 
charges  of  Elizabeth  Wagner,  184*  73 

Lenox,  for  board,  clothing,  doctoring  and  nursing 

sundry  paupers,  to  9th  January,  1819,  201  34! 

Lanesborough,  for  board,  clothing,  doctoring  and 

nursing  sundry  paupers,  to  1st  January,  1819,       22i  83 

Longmeadow,  for  support  of  John  Venauly  and 
family,  and  Edmund  Booth,  to  15th  January, 
1819,  117  64^ 

Lincolnville,  for  board  and  clothing  sundry  pau- 
pers, to  14th  January,  1819,  122  SO 

Lee,  for  board,  clothing,   doctoring  and  nursing 

sundry  paupers,  to  10th  January,  1819,  409  Q7 

Lynn,  for  board  and  clothing  sundry  paupers,  to 

30th  November,  1818,  334  61 

Liverraore,  for  support  of  James   Campbell  and 

family,  to  6th  January,  1819,  33  00 

Littleton,  for  support  of  John  Putnam,  to  3d  Feb- 
ruary, 1819,  33  23 

Limington,  for  board  and  clothing  John  O'Ryan, 

to  31st  December,  1818,  77  20 

Montville,  for  board  and  clothing  William  Mc- 
Clary  and  John  Gloster,  to  26th  December, 

1818,  129  24 
Montague,  for  board,  clothing  and  doctoring  Ed- 
ward Potter  and  wife,  to  1st  January,   1819, 
Elizabeth  Sicklan,  till  her  death,  12th  January, 

1819,  and  funeral  charges,  166  Y7 
Mansfield,  for  board  and  clothing  Hugh  McPher- 

son,  to  1st  January,  1819,  6y  20 

Marblehead,  for  board  and  clothing  sundry  pau- 
persy  to  28th  January,  1819,  273  04 


720  PAUPER  ACCOUNTS. 

Maclvias,  for  board,  clothing,  doctoring  and  nurs- 
ing  sundry  paupers,  to  31st  December,  1818, 
and  funeral  charges  of  Anthony  Pepper,  S7th 
August,  1818,  186  96 

JVIarlborough,  for  board,  clothing,  doctoring  and 
nursing  Joseph   Waters,  to   38th   November, 

1818,  84  00 
Methuen,  for  support  of  Nelson  Crosby,  to  10th 

July,  1818,  14  00 

Middleborough,  for  board,  clothing  and  doctoring 

sundry  paupers,  to  1st  January,  1819,  S66  53 

Maiden,  for  board,   clothing  and  doctoring  John 

Holland,  till  his  death,   17th  July,  1818,  and 

funeral  charges,  49  7^ 

Monmouth,  for  board  and  clothing  Peggy  Magner, 

to  1st  February,  1819,  29  70 

Monson,  for  board,  clothing,  doctoring  and  nursing 

James  Worthington,  a  child  of  Sylvia  Sechem, 

to   1st  January,  1819,  and  funeral  charges  of 

Sylvia,  123  56 

Montgomery,  for  board  and  clothing  Moses  Can- 

ceir,  to  10th  January,  1819,  39  10 

Mount  Veraon,  for  support  and  doctoring  sundry 

paupers,  to  8th  December,  1818,  204  11 

Northfield,  for  board  and  clothing  Amos  Riley, 

to  9th  January,  1819,  41  30 

Northampton,  for  support,  clothing  and  doctoring 

sundry  paupers,  to  1st  January,  1819,  193  05 

Newcastle,  for  support  and  doctoring  sundry  pau- 
pers, to  1st  January,  1819,  134  02 
Newbury,  for  board  and  clothing  sundry  paupers, 

to  1st  January,  1819,  1313  26 

Newburyport,   for   board   and   clothing    sundry 

paupers,  to  31st  December,  1818,  773  45 

New  Gloucester,  for  board,   clothing,  doctoring 

and  nursing  sundry  paupers,  to  1st  February, 

1819,  and  funeral  charges  of  Robert  Forbes,     155  94 
Newton,  for  board  and  clothing  Joseph  Priehard, 

tolst  January,  1819,  131  S3 


PAUPER  ACCOUNTS.  72t 

Nantucket,  for^board,    clothing,    doctoring  and 

nursing  sundry  paupers,  to  6th  January,  1819,     27^  17 

North  Yarmouth,  for  board,  clothing  and  doctor- 
ing Greorge  Young,  to  9th  February,  1819,  60  94« 

North    Brookfield,   for   support  of   Joseph   and 

Daniel  Peterson,  to  15th  January,  1819,  25  83 

Overseers  of  Marsbpee  Indians,  for  board  and 

clothing  sundry  paupers,  to  12th  January,  1819,     460  55 

Pittston,  for  support  of  Amelia  McMansfield,  till 
her  death,  5th  March,  1818,  and  funeral 
charges,  19  15 

Portland,  for  board  and  clothing  sundry  paupers 

to  1st  January,  1819,  1249  59 

Prospect,  for  board,  clothing  and  doctoring  Ben- 
jamin Y.  Shute  and  Lydia  Hayes,  to  1st  Jan- 
uary, 1819,  180  89 

Plymouth,  for  board  and  clothing  sundry  paupers, 

to  18th  January,  1819,  492  44 

Pittsfield,  for  board,  clothing  and  doctoring  sundry 

paupers,  to  1st  February,  1819,  400  96 

Pembroke,  for   support  of  Otaval  Worrell  and 

Elizabeth  Jacks,  to  1st  January,  1819,  52  64 

Raynham,  for  board  of  John  Tucker,  to  25th  May, 
1817,  and  expense  of  removing  him  out  of  the 
Commonwealth,  35  55 

Rumford,  for  support  of  Sally  Tyler  and  six  chil- 
dren, to  4th  March,  1818,  and  expense  of  remo- 
ving them  out  of  the  Commonwealth,  200  00 

Roxbury,  for  board  and  clothing  sundry  paupers, 

to  3d  January,  1819,  356  67 

Rutland,  for  board  and  clothing  William  Hender- 
son, to  7th  January,  1819,  67  20 

Rowley,  for  board,  clothing,  doctoring  and  nurs- 
ing Ellee  Collins  and  John  Drew,  to  1st  Jan- 
uary, 1819,  74  75 

Rehoboth,  for  board,  clothing  and  doctoring  sun- 
dry paupers,  to  1st  January,  1819,  205  75 

Russell,  for  board,  clothing  and  doctoring  sundry 

paupers,  to  1st  January,  1819,  139  56 

Somerset,  for  board  and  clothing  William  Elliot, 
to  1st  January,  1819,  21  16 


723  PAUPER  ACCOUNTS. 

Sandisfield,  for  support  of  Richard  Dickson  and 
family  aud  Hannah  Wilcox,  to  11th  January, 
18 1 9,  Hannah  Wilcox,  Junior,  Annis  Calwell 
and  child  till  their  death,  and  funeral  charges, 
Sarah  Spencer  till  she  left  the  State,  and  ex- 
pense of  removal,  197  97 

Shrewsbury,  for  board,  clothing  and  doctoring 
George  Philmore  and  George  Parker,  to  13th 
January,  1819,  88  93 

Shirley,  for  board,  clothing  aud  doctoring  sundry 

paupers,  to  1st  January,  1819,  208  36 

Scituate,  for  supplies  and  doctoring  to  sundry  pau- 
pers, to  18th  January,  1819,  34  06 

Sherburne,  for  support  of  Benjamin  Haughton,  to 

22'd  January,  1819,  57  74 

Sandwich,  for  support  of  Esther  and  Mason  Ray- 
mond, to  7th  January,  1819,  64  00 

Sutton,  for  board,  clothing,  doctoring  and  nursing 

sundry  paupers  to  9th  January,  1819,  247  86 

Salem,  for  board  and  clothing  sundry  paupers,  to 

Sd  January,  1819,  2583  72 

Swansey,  for  support  and  doctoring  Garnit  Burns 
till  his  death,  and  funeral  charges,  James  Gar- 
nit and  Mather  Dusnips,  to  23d  January,  1819,       79  63 

Sudbury,  for  support  and  doctoring  John  Weigh- 
ton  and  Alexander  Ralston,  to  11th  February, 
1819,  "       100  32 

Seekonk,  for  board,  clothing,  doctoring  and  nurs- 
ing Thomas  Peiree  till  his  death,  26th  August, 
1818,  Andrew  Alien,  wife  aud  children,  to  6th 
January,  1819,  140  57 

Shelburne,  for  board,  clothing  and  doctoring  sun- 
dry paupers,  to  14th  January,  1819,  113  28 

Sheffield,  for  board,  clothing  and  doctoring  sundry 
paupers,  to  12th  January,  1819,  and  expense  of 
removing  Polly  Hall  and  Sally  Williamson  and 
children  out  of  the  State,  313  70 

Stockbridge,  for  board,   clothing,  doctoring  and 

nursing  sundry  paupers,  to  1st  December,  1818,     275  55 

St.  George,  for  board  and  clothing  Robert  Haws, 
to  3d  January,  1819,  91  00 


PAUPER  ACCOUNTS. 

Thomaston,  for  board,  clothing  and  nursing  John 

Anderson,  to  1st  January,  1819,  63  90 

Tisbury,  for  board,  nursing  and   doeloring  John 

Miller,  till  he  left  the  State,  November,  1816,        44  S6 

Taunton,  for  board,  clothing,  doctoring  and  nurs- 

ing  sundry  paupers,  to  31st  December,  1818,         514  07 

Troy,  for  board,  clothing  and  doctoring  Whea- 
ton  Bailey  and  Betsey  Bell,  to  10th  February, 
1819,  and  funeral  charges  of  Betsey  Bell,  102  27 

Tyringham,  for  board   and  clothing  Richard  and 

Abner  Gardner,  to  1st  January,  1819,  134  00 

Uxbridge,  for  support  of  David  Mitchell  and  Pa- 
tience Hazard,  and  Phillis  Jenks'  child,  to  10th 
January,  1819,  86  10 

Vassalborough,  for  board    and   clothing  Abigail 

Fairbrother,  to  1st  February,  1819.  38  23 

"Williamstown,  for  board,  clothing  and  doctoring 

sundry  paupers,  to  11th  January,  1819,  143  S4 

Wellington,   for   board   and    clothing   Catharine 

Butler,  to  15th  January,  1819,  88  00 

Worcester,  for  board  and  clothing  sundry  pau- 
pers, to  1st  January,  1819,  239  28 

Wareham,  for  board  and  clothing  William  Long, 

to  14th  January,  1819,  42  65 

Wiscasset,  for  board,  clothing,  doctoring  and  nur- 
sing sundry  paupers,  to  20th  January,  1819,         362  25 

Westborough,  for  board  and  clothing  John  Don- 
ovan, to  5th  January,  1819,  102  12 

Woburn,  for  board  and  clothing  John  Lynham, 

to  1st  January,  1819,  22  54 

Watertown,   for  support  of  George  Bowen  and 

wife,  to  25th  January,  1819,  150  00 

Waterville,   for   board,   clothing,   doctoring  and 

nursing  sundry  paupers,  to  1st  January,  1819,      144  01 

Walpole,  for  board  and  clothing  Eliza  Ellis  and 
two  children  of  Nancy  Hearns,  to  25th  Jan- 
uary, 1819,  64  70 

107 


7g4  PAUPER  ACCOUNTS. 

Waldoborough,  for  board,  clothing  and  doctoring 
Philip  Handle  and  Phebe  Andrews,  to  6th  De- 
cember, 1818,  and  funeral  charges  of  Phebe 
Andrews,  60  00 

Whately,  for  board  and  clothing  Rebecca  Bacon, 

and  Benjamin  Mather,  to  18th  January,  1819,      153  85 
Wrentham,  for  board,   clothing,   doctoring   and 

nursing  sundry  paupers,  to  1st  January,  1819,      140  33 
West  Stockbridge,  for  board  and  clothing  sundry 

paupers,  to  1st  January,  4819,  95  43 

Westport,  for  support  of  John   Cuffee,  till  his 

death,  and  funeral  charges,  19th  January,  1817,       30  72 
Wilbraham,  for  board  and  clothing  Nancy  Bart- 

lett,  till  bound  out,  14th  April,  1818,  SI  25 

Westbrook,  for  support  and  doctoring  James  Cov- 

ert>  to  14th  January,  1819,  43  75 

Westfield,  for  board,  clothing  and  doctoring  sun- 
dry paupers,  to  1st  January,  1819^  154  53 
West  Springfield,  for  support  and  doctoring  sun- 
dry paupers,  to  11th  January,  1819,                      S49  95 
Westhampton,  for  board,  clothing  and  doctoring 

sundry  paupers,  to  6th  January,  1819,  158  94 

Wade,  Thomas,  Keeper  of  house  of  correction,  in 
County  of  Essex,  for  board  and  clothing  sundry 
insane  persons,  to  4th  January,  1819,  including 
allowance  made  by  Court  of  Sessions,  to  Slst 
September,  1818,  411  OQ 

Windham,  for  support  and    doctoring   Thomas 

Kenard  and  wife,  to  11th  January,  1819,  108  30 

Westford,  for  board  and  clothing  James  Peirce, 

to  10th  February,  1819,  43  40 

Warren,  for  support  of  sundry  paupers,  to  30th 

January,  1819,  331  00 

York,  for  board,  clothing,  doctoring  and  nursing 

sundry  paupers,  to  30th  January,  1819,  473  53 

Total  Paupers,        S39,613  53 


MILITARY  ACCOUNTS.  725 


Courts  Martial,  Courts  of  Inquiry,  Sfc. 

Sumuer,  "William  H.  Adjutant  General,  for  the  ex- 
pense of  a  Court  Martial,  held  at  Worcester, 
September  8th,  1818,  whereof  Major  General 
Nathaniel  Goodwin  was  President,  1533  58 

Sumner,  William  H.  Adjutant  General,  for  ex- 
pense of  a  Court  of  Inquiry,  held  at  Worcester, 
July  Slst,  1818,  whereof  Major  General  Elijah 
Crane  was  President,  464  13 

Allen,  Samuel,  for  expense  of  a  Court  Martial, 
held  at  Mendon,  March  5th,  1818,  whereof 
Prentice  Cushing  was  President,  123  61 

Allen,  Samuel,  for  expense  of  a  Court  Martial, 
held  at  Worcester,  whereof  Samuel  Mixter 
was  President,  116  7^ 

Wood,  John  F.  for  expense  of  a  Court  Martial, 
held  at  Augusta,  January  20th,  1818,  whereof 
Nathan  Stanly  was  President,  128  5Q 

Page,  Samuel,  for  expense  of  a  Court  of  Inquiry, 

whereof  Ebenezer  Thatcher  was  President,  71  61 

Page,  Samuel,  for  expense  of  a  Court  of  Inquiry, 

whereof  Thomas  McCrate,  was  President,  57  30 

Thayer,  Samuel  M.  for  expense  of  a  Court  Mar- 
tial, held  at  Quincy,  November  10th,  1818, 
whereof  Joseph  Dudley  was  President,  152  07 


Total,  S2647  61 


Brigade  Majors  and  Mds  de  Camp, 

Allen,  Samuel,  Junior,  to  January  20th,  1819,  1st 

Brigade,  7th   Division,  70  52 

Amory,  Thomas,  to  January  12th,  1819,  12th  Di- 
vision, 48  67 

Bancraft,  Ebenezer,  to  January  1st,  1819,  1st  Di- 
vision, 53  80 

Barnard,  Robert  F.  to  January,  1819;  1st  Brig- 
ade, 9th  Division,  55  fyy 


7^6  MILITARY  ACCOUNTS. 

Bliss,  George,  Junior,  to  November,  1818, 1st  Brig- 
ade, 4th  Division,  77  60 

Carter,  Solomon,  to  January,  1819,  2d  Brigade, 

7th  Division,  83  36 

Clarke,  Joseph,  to  October  Slst,  1818, 2d  Brigade, 

8th  Division,  73  93 

Dutch,  Ebenezer,  to  January,  1819,  2d  Brigade, 

8th  Division,  .  76  0« 

Carr,  Joshua  W.  to  January,  1819,  1st  Brigade, 

10th  Division,  62  37 

Fairbanks,   Stephen,  to  Feburary  1st,  1819,   3d 

Brigade,  1st  Division,  78  52 

Fogg,  Simon,  2d  Brigade,  6th  Division,  January 

5th,  1819,  72  30 

Gilbert,  Thomas,  2d  Brigade,  4th  Division,  Jan- 

uary  19th,  1819,  67  72 

Hitchcock,  Edward,  4th  Division,  February  3d, 

1819,  5  37| 

Heywood,  N.  5th  Division,  to  January  l^th,  1818,  124  25 

Hopkins,  Thomas,  9th  Division,  to  December  21st, 

1818,  45  93 
Hubbell,   Calvin,    2d    Brigade,   9th  Division,  to 

January  19th, I8t9,  59  30 

Hyde,  Lina,  1st  Brigade,  1  Ith  Division,  to  Janua- 
ry 19th,  1819,  76  99 
Hubbard,  Russell,  13th  Division,  to  January  19th, 

1819,  51  60 
Lewis,  Philo,  2d  Brigade,  10th  Division,  to  Jan- 
uary 19th,  1819,                                                       129  05 

Mitchel,  Daniel,  1st  Brigade,  12th  Division,  to 

January,  1819,  36  72| 

Page,  Samuel,  2d  Brigade,  11th  Division,  to  Jan- 
uary, 1819,  115  41 

Smith,  John,  Junior,  1st  Brigade,  2d  Division,  to 
January  1st,  1819,  138  121 

Scott,  John,  2d  Brigade,  2d  Division,  to  Novem- 
ber 25th,  1818,  95  50 

Sexton,  Jonathan  A.  4th  Division,  to  January  9th, 

1819,  37  m 


MILITARY  ACCOUNTS.  7S7 

Sampson,  Joseph,  3d  Brigade,  5tli  Division,  to 

January,  1819,  114  4a 

Sibley,  Jonas  S.  7th  Division,  to  January,  1819,       7  43| 

Sampson,  George,  1st  Brigade,  10th  Division,  to 

January,  1819,  S3  60 

Sargeant,  Henry,  Colonel,  for  services  at  East- 
port,  by  order  of  Commander  in  Chief,  125  16 

Thayer,  Minot,  1st  Division,  to  January  4th,  1819,  150  97 

Thayer,  Samuel  M.  1st  Brigade,  1st  Division,  to 

January  29th,  1819,  163  75 

Treat,  Joseph,  1st  Brigade,  10th  Division,  to  Jan- 
uary 19th,  18!  9,  22i   63 

Varnum,  Benjamin  F.  3d  Division,  to  January, 

1819,  64  30 

Whitney,  Timothy  P.  2d  Brigade,  1st  Division, 

to  January  6th,*  1819,  127  5B 

Wilder,  Nathaniel,  Junior,  1st  Brigade,  5th  Di- 
vision, to  January,  1819,  84  69 

Wheelwright,  George,  1st  Brigade,  6th  Division, 

to  January,  1819,  49  75 

Wood,  John  F.  Junior,  1st  Brigade,  8th  Division, 

to  November,  1818,  62  03 


Total,         S2929  97 

Brigade  Quarter  Masters, 

Ames,  Nathan,  1st  Brigade,  11th  Division,  to  Jan- 
uary, 1817,  49  50 

Coborn,  Samuel  A.  2d  Brigade,  3d  Division,  for 

1818,  23  25 

Copeland,  Jonathan,  1st  Brigade,  7th  Division, 

for  1818,  »9  50 

Clark,  Royal,  1st  Brigade,  10th  Division,  for  1817 

and  1818,  84  74 

Campbell,  James  F.  2d  Brigade,  10th  Division, 

for  1818,  35  00 

Dennett,  Mark,  1st  Brigade,  6th  Division,  for  1817 

and  1H18,  35  00 

Day,  llobert,  1st  Brigade,  4th  Division,  for  1818,       32  80 


728  MILITARY  ACCOUNTS. 

Hobert,  Thomas,  1st  Brigade,  5tli  Division,  for 

1818,  18  10 

Kendell,  Henry,  2d  Brigade,  7tli  Division,  for 

1818,  30  50 

King,  Araos,  1st  Brigade,  9tli  Division,  for  1818,  17  00 
Pollard,  Oliver,  1st  Brigade,  13th  Division,  for 

1818,  21  60 

Kipley,  James  W,  2d  Brigade,  13th  Division,  for 

1817  and  1818,  44  10 

Scott,  John,  2d  Brigade,  2d  Division,  for  1818,  18  75 

Willington,  John,  2d  Brigade,  8th  Division,  for 

1818, 


Total, 


Adjutants, 


Adams,  Gibbins,   1st  Regiment,   2d  Brigade,  2d 

Division,  to  January  28th,  1819,  38  45 

Adams,  Charles,  3d  Regiment,   1st  Brigade,  9th 

Division,  to  March  30th,  1818,  29  62 

Agry,  Thomas,  1st  Regiment,   1st  Brigade,  11th 

Division,  to  September  30th,  1818,  54  60 

Bailey,  Calvin,  Artillery,  3d  Brigade,  1st  Divi- 
sion, to  January  26th,  1819,  80  25 

Breede,  Andrew,  4th  Regiment,  1st  Brigade,  2d 

Division,  to  December  4th,  1818,  26  14 

Bradley,  Charles,  Cavalry,  2d  Brigade,  2d  Di- 
vision, to  October  14th,  1818,  22  10 

Bemis,  Isaac,  Junior,  1st  Regiment,  1st  Brigade, 

3d  Division,  to  September  14th,  1818,  50  69 

Bryant,  Nahum,  3d  Regiment,  2d  Brigade,  4th 

Division,  to  January,  1819,  34  14 

Borden,  John  C.  5th  Regiment,  2d  Brigade,  5th 

Division,  to  August  10th,  1818,  •  25  18 

Bray,  Josiah,  2d  Regiment,  3d  Brigade,  5th  Di- 
vision, to  January,  1819,  68  88 

Bourne,  Edward  E.   Artillery,  1st  Brigade,  6th 

Division,  to  December  26tb,  1818,  18  80 


MILITARY  ACCOUNTS.  789 

Brooks,  Jeremiah,  1st  Regiment,  1st  Brigade,  6th 

Division,  to  December  25th,  1818,  11  89 

Bailey,  Holaway,  2d  Regiment,  Sd  Brigade,  7th 

Division,  to  September  24, 1818,  33  00 

Backus,  Zenas,  3d  Regiment,  1st  Brigade,   8th 

Division,  to  December  31st,  1818,  62  2o 

Bozworth,   Stephen,  3d   Regiment,  1st  Brigade, 

9th  Division,  to  January,  1819,  13  08 

Bishop,  Henry  W.  2d  Regiment,  2d  Brigade,  9th 

Division,  to  January  20tb,  1819,  36  06 

Bond,  Asa,  2d  Regiment,  2d  Brigade,   10th  Di- 
vision, to  December  29th,  1818,  41  99 
Balcomb,  John  A.  3d  Regiment,  2d  Brigade,  10th 

Division,  to  September  31st,  1818,  43  64 

Black,  Edmund,  4th  Regiment,  2d  Brigade,  llth 

Division,  to  October  5th,  1818,  29  43 

Champney,  John,  1st  Regiment,  1st  Brigade,  1st 

Division,  to  January,  1819,  22  93 

Cushing,  Ned,  2d  Regiment,  1st  Brigade,  1st  Di- 
vision, to  January,  1819,  77  37^ 
Clark,  Samuel,  1st  Regiment,  3d  Brigade,  1st 

Division,  to  January,  1819,  166  54 

Clap,  William  W.  2d  Regiment,  3d  Brigade,  1st 

Division,  to  January,  1819,  164  62| 

Choate,  William,  2d  Regiment,  2d  Brigade,  2d 

Division,  to  January,  1819,  18  90 

Clark,  John,  Artillery,  1st  Brigade,  3d  Division, 

to  January,  1819,  18  00 

Coolidge,  Nathaniel,  Junior,  3d   Regiment,   1st 

Brigade,  4tli  Division,  to  January,  1819,  50  80 

CoUings,  Michael,  3d  Regiment,  3d  Brigade,  5th 

Division,  to  January,  1819,  47  60 

Campbell,  Daniel,  4th  Regiment,  1st  Brigade,  8th 

Division,  to  January  15th,  1819,  61  00 

Cram,  Levi,  Artillery,  1st  Brigade,  10th  Division, 

to  January,  1819,  143  62 

Carlton,  William,  5th  Regiment,  2d  Brigade,  llth 

Division,  to  November  23d,  1818,  31  27 

Chase,  James,  Artillery,  2d  Regiment,  1st  Brigade; 

lath  Division;  to  January  20th;  1819;  15  39 


730  MILITARY  ACCOUNTS. 

Day,  Alfred,  Artillery,  3d  Brigade,  Ist  Division, 

to  January,  1819,  75  36 

Dickinson,  Philo,  Artillery,  1st  Brigade,  4th  Di- 
vision, to  January,  1819,  30  90 

Davis,  Benjamin,  6th  Regiment,  1st  Brigade,  7th 

Division,  to  January,  18l9,  IS  35 

Edwards,  Klisha,  1st  Regiment,  1st  Brigade,  4th 

Division,  to  January  13th,  1819,  29  65 

Elder,  Nored,  4th  Regiment,  1st  Brigade,  4th 

Division,  to  January,  1819,  31  38 

Emery,  Daniel,  3d  Regiment,    1st  Brigade,  10th 

Division,  to  December  8th,  18 18,  131  17 

Fairbanks,  Stephen.   3d    Regiment,  3d  Brigade, 

1st  Division,  to  January,  I8l9,  41  25 

Frost,  Elisha,  Artillery,  1st  Brigade,  3d  Division, 

to  October  21st,  1818,  42  12 

Freeman,  William,  Cavalry,  3d  Brigade,  5th  Di- 
vision, to  December  24th,  1818,  29  57 

Foster,  Benjamin,  1st  Regiment.  2d  Brigade,  8th 

Division,  to  October  21st,  1818,  55  71 

Goodspeed,  Elias,  Artillery,  2d  Brigade,  4th  Di- 
vision, to  January,  181 9,  41  79 

Gilbreth,  John.   5th   Regiment,  1st  Brigade,  8th 

Division,  to  May,  18 17,  20  99 

Grant,  Elisha,  Cavalry,  1st  Brigade,  10th  Divi- 
sion, to  October  1st,  1817,  64  87 

Hutchens,  Joseph,  1st  Regiment,  2d  Brigade,  4th 

Division,  to  January,  I81t>,  34  92| 

Hoyt,  John  C.  2d  Regiment,  2d  Brigade,  4th  Di- 
vision, to  January,  IHI9,  23  62 

Hamilton,  Abiel,  2d  Regiment,   1st  Brigade,  6th 

Division,  to  September  23d,  1818,  30  33 

Derrick.  Benjamin  J.   3d   Regiment,  2d  Brigade, 

6th  Division,  to  November,  1818,  22  94 

Hapgood,  Thomas,  3d  Regiment,  2d  Brigade,  7th 

Division,  to  July  27th,  1818,  21  85 

Hunton,  Jonathan  G.  Artillery,   1st  Brigade,  8th 

Division,  to  January  8th,  1819,  41  00 

Haskins,  Robert  R.   Cavalry,  1st  Brigade,  10th 

Division,  to  October  2d,  1818,  Si^  11 


MILITARY  ACCOUNTS.  731 

Hovey,  Alfred,  3d   Regiment,  2d  Brigade,   11th 

Division,  to  January,  1>S19,  40  01 

Hayes,  John,  Junior,   3d  Regiment,  1st  Brigade, 

12th  Division,  to  November  ^3d,  1818,  27  76 

Heald,  Josiah,  2d  Regiment,  2d  Brigade,  13th  Di- 
vision, to  January,  1819,  2^  30 

Kuight,  Jonathan,  Artillery,  1st  Brigade,  7th  Di- 
vision, to  January  5th,  1819,  9  85 

Knight,  Peter  \l.  Artillery,  ^d  Brigade,  12th  Di- 
vision, to  September  5th,   1818,  8  40 

Kimball,  Moses,  1st  Regiment,  2d  Brigade,  13th 

Division,  to  September  28th,  1818,  24  20 

Larabee,  William,  4th  Regiment,  1st  Brigade,  3d 

Division,  to  January  lltli,  1819,  19  38 

Lincoln,  Asa,  5th  Regiment,  1st  Brigade,  4th  Di- 
vision, to  .January,  1 819,  18  75 

Leach,  Cephas,  4th   Regiment,  2d   Brigade,   5th 

Division,  to  September  9th,   1818,  37  56 

Low,  Ephraim,  junior,  3d  Regiment,  1st  Brigade, 

6th  Division,  to  December  21st,  1818,  21  31 

Larabee,  Josiah,  2d  Regiment,  1st  Brigade,  8th 

Division,  to  January,  1819,  64  25 

Lester,  ('harles  F.  2d  Regiment,  1st  Brigade,  9th 

Division,  to  January  8th,  1819,  27  48 

Miller,  Edward,  Cavalry,  1st  Brigade,  1st  Divi- 
sion, to  November  24th,  1818,  84  52| 

Mitchell,  Isaac,   4th    Regiment,   2d  Brigade,  6th 

Division,  to  November  2dd,  1818,  30  87 

Morse,  Moses  L.  5th  Regiment,  1st  Brigade,  7th 

Division,  to  January,  1819,  51  54 

Mead,  William,  Cavalry,  2d  Brigade,  7th  Divi- 
sion, to  January  25th,  1819,  30  02 

Newell,  Luther,   1st  Regiment,  1st  Brigade,    1st 

Division,  to  January  i6th,  18(9,  109  36 

Nye,  Joseph,  4th   Regiment,  2d  Brigade,  2d  Di- 

vision,  to  December  28tb,  1818,  25  55 

Newell,  Joseph  W.   5th  Regiment^   1st  Brigade, 

3d  Division,  to  January,  1819,  106  81 

108 


73S  MILITARY  ACCOUNTS. 

Noble,  Charles.  Cavalry,  2d  Brigade,  9th  Divi- 
sion, to  September  l8th,  1818,  16  28 

Osboru,  Richard.   5tb  Regiment,  1st  Brigade,  2d 

Division,  to  January,  18l9,  13  63 

Ormsby,  Abraham,  tst  Regiment,  2d  Brigade,  oth 

Division,  to  September,  1818,  4S  97 

Poor,  Nathan,  5th  Regiment,  1st  Brigade,  2d  Di- 
vision, to  June,  1818,  6  5f 

Parker.  Henry,  3d  Regiment,  2d  Brigade,  3d  Di. 

vision,  to  April  24th,   1818,  18  45 

Preston,  Warren,  Cavalry,  2d  Brigade,  8th  Di- 
vision, to  September,  181/,  26  77 

Rogers.  Daniel  W.  2d  Regiment,  1st  Brigade,  2d 

Division,  to  October  15th,   1818,  25  32| 

Richardson,  VVyman,  2d  Regiment,  1st  Brigade, 

3d  Division,  to  January,  18 19,  63  94 

Rockwell,  Uzall,  2d  Regiment,   1st  Brigade,  4th 

Division,  to  September  19th,  1818,  25  50 

Robinson,  Elijah,  3d  Regiment,  2d  Brigade,  8th 

Division,  to  January.  1819,  44  17 

Root,   Albert  A.  1st   Regiment,  1st  Brigade,  9th 

Division,  to  January,  1819,  28  44 

Reed.  James  D.  1st  Regiment,   1st  Brigade,  11th 

Division,  to  December  2eth,  1818,  29  07 

Salis.  Richard,  Cavalry,  2d  Brigade,  1st  Divi- 
sion, to  January  19tb,  1819,  113  42 

Salis,  Willard,  Artillery,  2d  Brigade,  1st  Divi- 
sion, to  January,  1819,  6  46 

Seaver,  James,  1st  Regiment,  1st  Brigade,  5th 
Division,  to  August  19th,  1818, 

Scammon,  John  F.  1st  Regiment,  2d  Brigade,  6th 
Division,  to  November  20th,  1818, 

Spring.  Luther,  2d  Regiment,  1st  Brigade,  7tli 
Division,  to  January,  1819, 

Spalding,  Luther,  3d  Regiment,  1st  Brigade,  7th 
Division,  to  February  2d,  1819, 

Sprague,  Peleg.  Cavalry,  1st  Brigade,  8th  Divi- 

sion,  to  September  18tb,  1818,  92  %o 

Sewall,  Oliver,   5th  Regiment,   1st  Brigade,  8th 

Division,  to  December  14th,  1818,  6i  52 


22  73 

43  47 

16  83 

12  37t 

IHILTTARY  accounts.  733 

Sexton,  Georfi;e,    1st  Regiment,  2d  Brigade,  9th 

Division,  to  January,  1819,  36  20 

Swazy,  John  N.  1st  Regiment,  1st  Brigade,  10th 

Division,  to  September  3d,  l8l8,  65  67 

Salmon,  William,  2d  Regiment,  1st  Brigade,  10th 

Division,  to  January,  1819?  106  47 

Sampson,  George,    5th  Regiment,    1st  Brigade, 

10th  Division,  to  December  25th,  1818,  203  27 

Tucker,  Seth,  Artillery,  lat  Brigade,  1st  Division, 

to  January,  1819,  107  69 

Treadwell,  Francis  C.  Artillery,  1st  Brigade,  2d 

Division,  to  October  6th,  1818,  6  21 

Turner.  John  P.    Artillery,  Isi  Brigade,  5th  Di- 
vision, to  January,  1819?  57  42 

Thomson,  Azad.  4th  Regiment,  1st  Brigade,  5th 

Division,  to  January,  18 19,  56  36 

Toby,  James,  1st  Regiment,  3d  Brigade,  5th  Di- 
vision, to  October  2lst,  1818,  35  14 

Treadwell,  Thomas,  4th  Regiment,  1st  Brigade, 

10th  Division,  to  January,  1819,  {Hr  50 

True,  A>  illiam,  Artillery,  1st  Brigade,  12th  Di- 
vision, to  September  6th,  1818,  11   13 

Thomas,  Job,    1st  Regiment,  2d  Brigade,  12th 

Division,  to  September,  1818,  16  40 

Upton,  John,  1st  Regiment,  2d  Brigade,  10th  Di- 

vision,  to  August  29th,  1818,  42  99 

Wild,  Jonathan,   3d  Regiment,   1st   Brigade,  1st 

Division,  to  January  4th,  1819?  218  50 

W^hite,  Ferdinand  E.  3d  Regiment,   3d  Brigade, 

1st  I3ivision,  to  January,  1819,  143  37 

Webb,  Jonathan,  1st  Regiment,  1st  Brigade,  2d 

Division,  to  January,  1819,  23  50 

Whiles,  John,  Cavalry,  1st  Brigade,  4th  Division, 

to  January,  1819,  31  38 

W^ right,  David,  Cavalry,  2d  Brigade,  4th  Divi- 
sion, to  January,  1819,  39  89 

Washburn,  Cromwell,  3d  Regiment,  2d  Brigade, 

5th  Division,  to  January,  1819,  52  17 

Wilson,  Gowin,   1st  Regiment,   1st  Brigade,  6th 

Division;  to  September  8th,  1818,  14,  77 


734  MILITARY  ACCOUNTS. 

Wheelwright,  George,  4th  Re2;iment,  1st  Brigade, 

6th  Division,  to  January,  t8l9,  28  OS 

"Wilder,   David.    1st  Kegiment,   2d  Brigade,  7th 

Division   to  May.  18 18,  12  80 

Wright,   Samuel  VV.  3d  Regiment,   2d   Brigade, 

9l1i  Division,  to  September  1st,  18i8,  11  98 

Total,         S5,258  04 


Expense  for  Horses  to  haul  rlrtillerij. 

Aldrich,  Crowell,  for  1818,  S15  00 

Bachelor,  Samuel,  for  1818,  8  00 

Blaisdell.  John,  for  1818,  12  50 

Barrel!,  Elisha,  for  1816,  1817  and  1818,  18  50 

Beach,  William,  for  1818,  7  ^'^0 

Baldwin.  Henry,  for  1817,  ^  ^0 

Bonner,  Philip,  for  1818,  60  00 

Cutter,  Edward,  for  1818,  12  50 

Clark,  Asa,  for  1818,  6  00 

Cleaves,  William  W.  for  1818,  5  00 

Crocker,  Joseph,  for  1818,  7  50 

Coffin,  Samuel,  for  1818,  10  00 

Dunbar,  George  S.  for  1818,  7  50 

Dver,  James,  for  1817,  ®  ^^ 

D'alrymple,  William,  for  1818,  9  00 

D wight,  Simeon,  for  1818,  6  75 

Everett,  George,  for  1818,  7  30 

Freeman,  Asa,  for  1818,  13  00 

riagg.  Marshal,  for  1818,  5  00 

Fessenden,  Ebeuezer,  for  1818,  5  00 

Goldthwait,  Moses,  for  1818,  10  00 

Hopkins,  Charles  W.  for  1818,  5  .^0 

Hanson,  Samuel,  for  1818,  4  50 

Hunting,  John,  for  1818,  10  00 

Jenkins,  Weston,  for  1818,  10  00 

Kimbal,  Edmund,  for  1818,  10  00 


MILITARY  x\CCOUNTS.  735 


Knight,  Daniel,  for  1818, 

Killey,  Sylvanus,  for  181/  and  1818, 

Lawrence,  Samuel,  for  1818, 

IViortou,  William,  for  1818, 

Milliken,  Isaac,  for  1818, 

jMerill,  Philip,  for  1816,  I8I7,  and  1818, 

Mallard,  Abraham,  for  1818, 

Moody,  George,  for  1818, 

McCobb,  William,  for  1818, 

Morris,  Edward,  for  1818, 

Kelson,  Ezra,  for  1818, 

In  ash,  Micah,  for  1818, 

Palfrey,  Warwick,  for  1818, 

Porter,  Warren,  for  1817  and  1818, 

Palmer,  Barnabas,  for  1818, 

Parker,  Lewis,  for  181 7, 

Proctor,  William,  for  1818, 

Kuggles,  Gardner,  for  18 18, 

Severance,  Otis,  for  1818, 

Stetson,  Timothy,  for  1818, 

Shaw,  Houthworth,  for  1818, 

Slater,  Andrew,  for  I818, 

Stetson,  Robert,  for  1818, 

Stuert,  John,  for  1818, 

Tufts,  Call,  for  1818, 

Thaxter,  Jonathan,  for  1818, 

AVarrener,  W^alter,  for  1817  and  1818, 

Williams,  Thomas  C.  for  1818, 

W^alker,  George,  for  1818, 

Wheeler,  Elisha,  for  1818, 

Wilkinson,  Simon,  for  1818, 


7 

50 

12 

50 

10 

00 

5 

00 

10 

00" 

15 

00 

5 

00 

20 

00 

SI 

75 

5 

00 

9 

00 

7 

50 

8 

00 

22 

00 

20 

00 

12 

00 

5 

00 

0 

00 

5 

00 

8 

00 

50 

5 

00 

10 

00 

5 

00 

5 

00 

30 

00 

17 

50 

7 

50 

6 

25 

15 

00 

50 

00 

Total,     S649  50 


736   SHERIFFS'  AND  CORONERS'  ACCOUNTS. 


Courts  Martial,  &e. 

2647  61 

Brigade  Majors,  &c. 

2929  97 

Brigade  Quarter  Masters, 

476  64 

Adjutants, 

5258  04 

For  Artillery  Horses, 

Military, 

649  50 

Total, 

811,961  76 

SHERIFFS'  AND  CORONERS'  ACCOUNTS. 

Bartlett,  Bailey,  Sheriff  of  Essex  County,  for  re- 
turning votes,  January,  1819,  7  ^0 

Badger,  Thomas,  Coroner  of  Suffolk  County,  for 
inquisition  on  the  body  of  a  stranger,  and  fu- 
neral charges,  3d  October,  1818,  15  23 

Crane,  Elijah,  Sheriff  of  Norfolk  County,  for  re- 

turning  votes,  to  January,  1819,  4  62 

Cooper,  John,  Sheriff  of  Washington  County,  for 

returning  votes,  to  January,  1819,  59  50 

Chandler,  John,  late  Sheriff  of  Kennebec  County, 

for  returning  votes  for  the  year  1812,  57  7^ 

Davis,  Wendell,  Sheriff  of  Barnstable  County, 

for  returning  votes,  to  January,  1819,  13  50 

Hoyt,  Epaphras,  Sheriff  of  Franklin  County,  for 

returning  votes,  to  January,  1819,  16  15 

Herrick,  Jedediah,  Sheriff  of  Penobscot  County, 

for  returning  votes,  to  January,  1819,  59  25 

Hay  ward,  N.  Sheriff  of  Plymouth  County,  for  re- 
turning votes,  to  1st  January,  1819,  9  87 

Hamlin,  Cyrus,  Sheriff  of  Oxford  County,  for  re- 
turning votes  and  distributing  proclamations,  to 
January,  1819,  17  50 

Hunewell,  Richard,  Sheriff  of  Cumberland  Coun- 
ty, for  returning  votes,  to  January,  1819,  19  04 

Little,  David,  Coroner  of  Essex  County,  for  in- 
quisition on  the  body  of  a  stranger,  5th  June, 
1818,  16  14 

Lawrence,  Jeremiah,  Sheriff  of  Nantucket  Coun- 
ty, for  distributing  precepts  and  returning  votes, 
to  January,  1819,  70  00 


PRINTERS'  ACCOUNTS.  737 

Lans;,  William,  Coroner  of  Essex  County,  for 
inquisition  on  the  body  of  a  stranger,  and  fu- 
neral charges,  22d  July,  1818,  14(  00 

Leonard,  Horatio,  Sheriff  of  Bristol  County,  for 

returning  votes,  to  1st  January,  1819,  13  20 

Phelps,  John,    Sheriff  of  Hampden  County,  for 

returning  votes,  to  January,  1819,  39  60 

Thatcher,  Samuel,  Sheriff  of  Lincoln  County,  for 

returning  votes,  to  January,  1819,  32  30 

Ward,  Thomas  W.  Sheriff  of  Worcester  Coun- 
ty, for  returning  votes,  to  January,  1819,  9  87 

Watson,  George,  Sheriff  of  Hancock  County,  for 

returning  votes,  to  January,  1819,  38  08 


Total,         S513  07 

PRINTERS'  ACCOUNTS. 

Allen,  Phinehas,  for  publishing  Acts  and  Re- 
solves, to  1st  January,  1819,  16  67 

Ballard  &  Wright,  for  publishing  Notice  to  re- 
ceive Proposals  for  rebuiMing  the  wall  of  State 
Prison,  and  Proclamation  of  surrender  of  Moose 
Island,  &c.  July,  1818,  and  Independent  Chron- 
icl^i^nd  Boston  Patriot  furnished  the  House  of 
Representatives,  to  17th  February,  1819,  47  50 

Burton,  James,  for  publishing  Acts  and  Resolves, 

to  1st  January,  1819,  16  67 

Clapp,  W.  W.  for  publishing  Acts  and  Resolves, 

to  1st  January,  1819,  15  66 

Cheever,  Nathaniel,  for  publishing  Acts  and  Re- 
solves, to  1st  January,  1819,  16  66 

Denis  and  Phelps,  for  publishing  Acts  and  Re- 
solves, to  1st  January,  1819,  16  67 

Dick  man,  Thomas,  for  publishing  Acts  and  Re- 
solves, to  October,  1818,  16  67 

Goodale,  Ezekiel,  for  publishing  Acts  and  Re- 
solves, to  1st  January,  1819,  16  33 

Russell,  Benjamin,  by  Russell  &  Gardner,  for 
printing  done  for  the  government,  to  l6th  Feb- 
ruary, 1819,  g06l  75 


738  MISCELLANEOUS  ACCOUNTS. 

Russell,  Benjamia,  for  the  Columbian  Centinel, 
furnished  the  House  of  Representatives,  to  17th 
February,  1819,  40  00 

Shirley,  A.  &  I.  for  publishing  Acts  and  Resolves, 

to  1st  January,  1819,  16  67 


Total,  Printers,     jS3,281  25 

MISCELLANEOUS  ACCOUNTS. 

Agricultural  Society,  Massachusetts,  for  sundry 
expenses  in  raising  seeds  and  plants,  and  by 
experiments,  made  by  said  society,  in  the  pub- 
lic garden  at  Cambridge,  under  the  direction  of 
W.  D  Peck,  and  including  Wells  and  Lilly's 
account  for  printing,  in  full  for  the  year  1818,     1000  00 

Allen,  Andrew  J.  for  parchment  furnished  Secre- 
tary's Office,  to  24th  February,  1818,  13  00 

Boston   Board  of   Health,  for  sundry  repairs    on 

Rainsford's  Island,  to  ;30th  January,  1819,  1774  79 

Burditt,  James  W.  for  stationary  furnished  J.  H. 
Peirce,  Esquire,  also  sundry  stationary  for  the 
government,  to  8th  February,  1819,  255  14 

Bird.  Abraham  for  sundry  lumber  for  State  House, 

to  5th  January,  1819,  S?'l  94 

Blaney,  Henry,  for  sundry  repairs  on  the  State 

House,  to  5th  January,  1819,  20  o5 

Bradley,  Samuel,  for  sundry  hard  ware,  for  State 

House,  to  4th  February,  18l9,  78  37 

Bacon,  Henry,  for  assisting  the  Messenger  of  the 

General  Court,  to  20th  February,  18 19,  95  00 

Chase,  Warren,  for  assisting  the   Messenger  of 

the  General  Court,  to  20th  February,  18 19,  95  CO 

Committee  for  examining  the  Treasurer's  ac- 
counts, to  January,  1 81 9,  viz. 

Honorable  Joseph  Remis,  14  00 

<^  Andrew  Ritchie,  14  00 

Thomas  Greenleaf,  Esquire,       14  00 

George,  Rantoul.  E«qiiire,  14  00 

Stephen  Codman,  Esquire,         14  00 ^70  00 


MISCELLANEOUS  ACCOUNTS.  739 

Durant  &  Snelling,  for  setting  glass,  and  cleaning 

windows  on  State  House,  to  5th  January,  1819,       36  S5 

Francis,  Mary,  for  her  son  Joseph,  as  Page  to  the 
House  of  Ilepresentatives,  to  18th  February, 
1819,  40  00 

Goodrich,  Isaac  W.  for  stationary,  furnished  Sec- 
retary's Office,  to  26th  January,  1819,  76  00 

Hobart,  Moses  L.  Keeper  of  Rainsford's  Island, 

for  his  salary  one  year,  ending  1st  March,  1819?       44  44: 

Loring,  Benjamin,  for  stationary,  furnished  Ad- 
jutant General's  Office,  to  12th  February,  1819,       57  55 

Loring,  Josiah,  for  stationary,  furnished  Trea- 
surer's  and  Secretary's  Offices,  to  27th  Janua- 
ry, 1819,  70  45 

Lane  &  Lamson,  for  crape,    furnished  the  two 

Houses,  18th  January,  1819,  45  00 

Lincoln,  Amos,  Junior,  for  sundry  painting  on  the 

State  House,  to  25th  October,  1818,  136  90 

Low,  Lewis,  for  assisting  the   Messenger  of  the 

General  Court,  to  20th  February,  1819,  90  00 

Low,  John  V.  for  assisting  the  Messenger  of  the 

General  Court,  to  20th  February,  1819,  87  50 

Munroe  &  Francis,  for  stationary,  furnished  Sec- 
retary's Office,  to  2d  February,  1818,  3  5Q 

Otis  &  Thaxter,  for  lumber  furnished  for  State 

Hbuse,  to  15th  February,  1819,  32  59 

Pearson,  Edward  A.  for  sundry  glass  ware,  for 

State  House,  to  27th  January,  1819,  10  73 

West,  Richardson  &  Lord,  for  stationary,  fur- 
nished Secretary's  Office,  to  13th  January,  1819,       15  00 

Wells,  John  &  Benjamin  T.  for  copper    funnels 

for  State  House,  to  29th  September,  1818,  48  82 

Wheeler,  John  H.  for  sundry  joiner  work  on  the 

State  House,  to  15th  February,  1819,  231  60 


Total,  Miscellaneous,        jS4,638  92 
109 


^40  RESOLVE  TO  ROLL  NO.  80. 


Aggregate  of  Roll  JVo.  80. 

Expense  of  State  Paupers,  jS39,613  52 

Do.          Militia,  11,961  76 

Do.          Sheriffs  and  Coroners,  513  07 

Do.          Printers,  2,281  25 

Do.          Miscellaneous,  4,638  92 

Total,         859,008  53 

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  corpora- 
tions, and  persons'  names  respectively  ;  amounting  in  the 
whole  to  fifty-nine  thousand  and  eight  dollars,  and  fifty  two 
cents  ;  the  same  being  in  full  discharge  of  the  accounts  and 
demands  to  which  they  refer. 

[Approved  by  the  Governor,  February  i9th,  18i9.] 


COMMONWEALTH  OF  MASSACHUSETTS. 

SECRETARY'S  OFFICE,  MAY  20, 1819. 

By  this  I  certify,  that  the  Resolves  printed  in  this  pamphlet,  passed 
in  January  and  February,  1819,  have  been  compared  with  the  originals  in 
this  office,  and  appear  to  be  correct,  except  the  omission  of  these  words, 
'^'  of  the  denomination,"  page  698,  five  lines  from  top,  after  the  word 
«  draught." 

ALDEN  BRADFORD, 

Secretary  of  the  Commonwealth. 


INDEX 


TO  THE  RESOLVES  PASSED  FROM   MAY  31,  1815,  TO  FEBRUARY  20,  1819, 
INCLUSIVE BEING  VOLUME  VII. 


ACADEMY,  Amherst,  half  a  township  granted  to,  -  -      334 

"  "         allowed  further  time  to  locate  a  grant  of 

"  land,  -  -  -  -  682 

"  Belfast,  and  Phillips'  Limerick,  Trustees  allowed  fur- 

ther time  to  make  settlements  on  lands,       -        -  -    126 
'*  Canaan,  half  a  township  granted  to,        -  -  487 

.  "  Groton  and  Westford,  further  time  allowed  N.  Inger- 

sol,  and  J.  Hodgden,  to  perform  settlement  duties 
on  land  granted  to,  -  -  -  -      146 

"  Hampden,  records  confirmed,  and  meeting  of  Trus- 

tees fixed,       -----  340 

'*  Lincoln,  Trustees  authorized  to  quiet  settlers  on  a 

gore  of  land,  -  -  -  _  -      153 

*^  Nantucket,  Proprietors  empowered  to  release  an  half 

townsliip  granted  them,  and  to  sell  and  divide  their 
corporate  property,     -  -  -  -  506 

"  Sandwich,  allowed  further  time  to  locate  an  half  town- 

ship granted  to,    -  -  -  -  -      679 

"  Warren,  Proprietors  of,  land  granted  to  give  bond  to 

make  a  road,  _  _  .  -  162 

Adams,  Isaac,  Assistant  to  the  Messenger  of  the  Governor  and  Coun- 
cil, pay  granted,  .  .  -  .       175,255,351,450 
Adjutant  General,  to  examine  proceedings  of  Courts  Martial.  &c.  350 
"             "         to  prepare  a  system  of  discipline  for  Artillery, 

Infantry,  &c.       -  -  -  -  35Q 

"  *'         proceedings  of  Courts  Martial,  to  be  deposited  in 

his  oflice,       -----      351, 

"  "        to  certify  copies  of  the  records  of  Courts  Martial,  529 

"  "        to  report  annually  the  expenses  of  his  oflice,  709 

*'  "         Secretary  to  deliver  Term  Reports  for  his  oflice,    677 

Agent  on  Eastern  Lands,  and  Committee  of  Council,  to  determine 

the  allowance  which  should  be  made 
towards  discharging  the  bond  of  J, 
Richards,        -  -  -  .      131^ 

"  "  "      to  cause  a  survey  of  lots  in  No.  4,  east  side 

of  Penobscot  River,  -  -  151 

"  "  "      to  cancel  bond  of  J.  P.  Boyd,  and  give  a 

deed,  -  -  -  -      161 


INDEX. 

Agent  on  Eastern  Lands,  to  direct  in  the  location  of  land  by  Thomas 

Johnson,  and  others,         -  -  106 

«  "  "      account  adjusted,  ...      231 

"  "  "      Honorable  Edward  H.  Robbins  appointed,  245 

Agent,  to  sell  or  lease  lands,  mortgaged  by  Prentiss  and  Cheever, 

and  to  pay  into  the  Treasury,  money  received,  -      238 

"       to  execute  a  deed  to  Joseph  Butterfield,  -  -  345 

"       grant  to,  -  -  -  -  -  -      359 

Agents  to  present  the  claim  of  this  State  against  the  United  States, 

for  expenses  in  the  late  war ;  the  Governor  requested  to  appoint,    311 
Agent  of  the  United  States,  Secretary  to  loan  books,  &c.  relative  to 
the  Eastern  Boundary,          .  .  .  .  .  335 

Ainsley,  Gilbert,  allowed  for  relinquishment  of  lands  in  Groton,         358 
Alfred,  Congregational  Parish,  proceedings  made  valid,    -  -      299 

Alien,  Honorable  Joseph,  appointed  Agent  to  sell  the  Common- 
wealth's interest  in  estate  mortgaged  by  H.  Prentiss,  and  B. 
Cheever,  of  Princeton,  -----   672,  509 

Alms  Houses,  Committee  to  examine  paupers  in,  -  -      444 

Andrews,  Joseph,  Member  of  the  General  Court,  pay  granted  to,        226 
Anson,  proceedings  of  the  Selectmen  made  valid,        -  -  104 

Apthorp,  J.  T.  Treasurer,  grant  to,  -  -  -  -        60 

Arms,  &c.  loaned  to  towns  and  individuals,  to  be  returned,    -  46 

"  "  "  "  forfeiture  for  not  return- 

ing, -  -        46 

Arsenal,  public,  provision  for  the  purchase  of  land  for,  -  48 

"         Laboratory  and  Store,  provision  for  erecting,       -  159,  342 

Assessors  of  the  First  Parish  in  Bath,  Abigail  Sprague  authorized  to 

execute  a  deed  to,  .  -  -  -  .  608 

Atheneum,  Boston,  doings  of  the  Proprietors  confirmed,    -  -      478 

Athens,  records  made  valid,     -----  424 

Attorney  General,  to  suspend  the  collection  of  an  execution  against 

Joseph  Howard,          -  -  -  171,  246 

"  "        to  institute  an  inquest  of  office,  to  settle  the  title 

to  surplus  lands  in  Prescott's  Grant,  in  Hiram,   119 
"  "         to  ascertain  and  agree  with  Thomas  Williams  on 

the   bounds   between   his    and    the  Common- 
wealth's land  in  Roxbury,     -  -  -       128 
"            "         Secretary  to  deliver  Term  Reports  to,        -  93 
Attorney,  or  Solicitor  General,  to  defend  an  action,  Gilbert  vs.  Bell,  300 
"                 "             "        directed  respecting  Kennebec  Bridge 

Lottery,       -  .  -  533 

"  *'  "        to  compel  the  Guardians  of  the  Chris- 

tiantown  Indians  to  account,      -      616 

B. 

Bacon,  Henry,  Assistant  to  the  Messenger,  grant  to,      64, 175, 259,  S52 
Badger,  Catharine,  sale  of  certain  estate,  in  Hancock  County,  au- 
thorized,     -  -  -  -  -  -  -  411 

Bailey,  Jeremiah,  and  B.  Orr,  Esquires,  Commissioners  for  giving 
deeds  to  settlers  in  Lincoln  County,  resolve  on 
report,  -  -  -  -  -      153 

"  "  Powers  prolonged,  and  grant  to,     -  -  147 


INDEX. 

Bailey,  Jeremiah,  and  B.  Orr,  Commissioners  for  executing  deeds 

to  settlers  in  Bristol,  grant  to,  -      421 

Baker,  Jane,  grant  to,  and  pensioned,  -  -  .  125 

"      Elizabeth,  authorized  to  execute  a  deed,    -  -  -      670 

Baldwin,  Benjamin,  allowed  further  time  to  pay  sums  due  the  State,     40 
Baldwin,  L.  and  J.  Farrar,  Esquires,  Commissioners  on  the  practi- 
cability of  a  Canal  from  Connecticut  to  Merrimack  River,  grant  to,  254 
Bangor  Artillery,  Quarter  Master  General  to  furnish  with  brass 
field  pieces,  ......  ^3^ 

Bank,    Boston,   Treasurer  authorized  to  transfer  United    States' 

stock  to,  ------      96 

"        Boston  and  Union,  Treasurer  to  notify  they  are  directed  to 

purchase  stock  of  the  Commonwealth,  -  -  170 

"        Union,  Treasurer  to  notify  to  purchase  stock,        -  -      329 

",       Boston  and  Union,  Treasurer  to  sell  stock  in,  -  297" 

"        Hallowell  and  Augusta,  Committee  to  inquire  into  the  do- 
ings of,  -  -      103 
"               "                       "               "      compensation  for  examining,  261 
"              "                      "          the  subject  to  be  investigated  by  a 

Committee,  in  the  recess,  430 

"        Boston,  Merchants',  time  for  paying  instalnie  .ts  altered,        520 
*'        Dedham,  report  on  proceedings,  and  the  Attorney  or  Solici- 
tor General  directed  to  prosecute,  -  -  -  697 
"        Essex,  exempted  from  paying  taxes,          ...      688 
"        Pittsfield  Agricultural,  report  on  proceedings,  and  a  Com- 
mittee appointed  further  to  examine,           -             -  688 
Barbadoes,  Isaac,  balance  due,  to  be  paid  to  his  brother  Abel,       -       165 
Barnard,  Jonathan  G.  Clerk  in  the  Treasurer's  OflSce.  pay  established,     59 
"                "         "                   grant  to,  for  extra  services,     -  103 
Barnard,  Theodore  and  Lucy,  William  Wells,  Esquire,  empowered 

to  sell  real  estate  of,  in  Shelburne,  -  .  .  .      490 

Barnes,  Amos,  to  be  refunded  fifty  dollars,  paid  the  commanding 

officer  of  the  detached  militia,  -  .  .  _  235 

Barnes,  Lovell,  certain  deeds  made  valid,  -  .  .      620 

Barnstable,  Congregational  Churches  allowed  to  sell  their  shares  in 
certain  estate,  in  common,  -  -  -  -  -  149 

Barnstable  County,  tax  granted,  -  -  -        117,336,494,687 

"  "         term  of  the  Supreme  Judicial  Court  may  be  hold- 

en  by  one  Justice,  -  -  32, 243, 412 

"  "         Clerk  of  the  Courts  to  issue  venires  for  Grand 

Jurors  for  the  Circuit  Court  of  Common  Pleas,  67^^ 
Bartlett,  Horatio,  Eli  Gilbert  authorized  to  dispose  of  the  interest 

ef  certain  minors,  --.-_.      337 

Basset,  Mary,  grant  to,  -  -  -  -  -  33 

Bates,  Caleb,  Administrator  on  estate  of  Jonathan  H.  Davis,  empow- 
ered to  execute  a  deed,  -  -  -  -  -      109 

Batchelder,  Josiah,  allowed  further  time  to  pay  a  balance  due,  45 

Bath,  Assessors  of  First  Baptist  Society,  Abigail  Sprague  authorized 
to  execute  a  deed  to,  -  -  -  -  -  608 

Beaman,  Gideon,  grant  to,  for  arresting  and  prosecuting  R.  Black- 
man,     --.---_-      138 
Bell,  Shubael,  to  be  released,  relative  to  lease  of  estate,  in  Court 
Street,  Boston,        -  -  .  -  -  -  169 


INDEX. 

Bemis,  Josiah,  and  George  Stearns,  grant  to,  for  loss  by  fire  at  the 
State  Prison,  &c.  ......      619 

Berkshire  County,  tax  granted,  -  -  117,  327,  494,  687 

«  "        Judge  of  Probate  to  allow  further  time  to  credi- 

tors of  William  Young  to  exhibit  their  claims,    154 
Bethel,  proceedings  of  the  town  and  Collectors,  made  valid,  101 

Beverly,  Overseers  of  the  Poor  to  receive  the  pension  of  J.  Morgan,   604 
Bickford,  Ichabod,  and  others,  grant  to,  for  services  in  the  late  war,  445 
Bidwell,  Barnabas,  Solicitor  General  to  sell  estate  of,  -  142 

Bingham,  William,  late,  resolve  respecting  taxes  on  Eastern  Lands, 

purchased  by  him,  -.-.-.      516 

Bissell,  Jonathan  M,  Guardian  of  J.  S.  Horsley  and  others,  autho- 
rized to  give  a  deed,  -  -  .  .  .  607 
Blaisdell,  John,  pensioned,            -            -            -            -            -      124 

Blake,  General  John,  grant  to,  for  services,  as  Agent  of  tlie  Penob- 
scot Indians,  ------  710 

Blandford,  allowed  for  rations,  &c.  furnished  detached  men,  -    313 

Btkard  of  War,  Honorable  E.  H.  Robbins  to  complete  accounts,  63 

Boardman,  Amos,  Guardian  of  A.  Tottingham,  notifications  made 

valid,  - 163 

Bolton  and  Berlin,  Selectmen  to  pay  the  Teacher  of  a  school,  estab- 
lished by  the  society  of  Quakers,  such  sums  as  may  be  paid  by  the 
members  of  said  society  in  the  town  treasury,  as  school  taxes,         432 
Booth,  Margaret,  granted  a  balance  due  her  former  husband,  Luke 
Perkins,  -  -  -  -  -  -  -      331 

Boston,  an  additional  Notary  Public  to  be  chosen  for,  -  28 

"       Firewards  may  permit  D.  Townsend  to  build  brick  stables,    104 
Boston  Board  of  Health,  Quarter  Master  General  to  deliver  hospi- 
tal articles,  -  -  -      128 
"          "                "         money  granted  to  complete  the  sea  wall, 

at  Rainsford's  Island,     -  -  245 

"  "  "         balance  of  account,  for  repairing  sea  wall, 

at  Rainsford's  Island,  allowed,  and  a 
grant  made  for  a  wharf,  &c.      -  435 

Bourne,  Nathan,  right  to  land  in  Marshpee,  to  be  ascertained,      -      120 
Boyd,  John  P.  Agent  on  Eastern  Lands  to  cancel  his  bond,  and  give 
him  a  deed  of  half  a  township,          -  -  -  -  161 

Boylston,  Ward  N.  Executor  of  the  will  of  M.  Gill  to  deliver  por- 
traits,    --------      678 

Bradley,  Samuel  A.  Member  from  Fryeburgh,  pay  granted,       -  63 

Bradford,  Alden,  Secretary,  discharged  of  expenditures,  and  direct- 
ed to  pay  balance  of  fees,  .  -  -  _  _      174 
Braintree,  records  and  doings  confirmed,         -             .            _  503 
"         First  Parish,  records  and  doings  confirmed,       -             -      504 
Breed,  Ebenezer,  Junior,  affidavit  made  valid,              -             -  125 
Brewer,  Elizabeth,  and  others,  empowered  to  execute  a  joint  deed,       37 
Bridge,  in  Westfield,  Court  of  Sessions  in  Hampden  County,  to  de- 
fray part  of  the  expense  of,        -            -             -            -      166 

"      over  St.  George's  River,  petition  for  referred,  -  341 

"      at  the  Falls,  over  Deerfield  River,  Court  of  Sessions  for 
Franklin  County  empowered  to  hear  any  petition  for  aid 
to  build,  &c.       -  -  -  -  -  -      498 

"      Kennebec  Lottery,  Attorney  and  Solicitor  Generals  directed,  533 
Bridges' Plantation,  Treasurer  to  recal  his  execution,  -  169 


INDEX. 

Bridge,  Edmund,  empowered  to  warn  a  meeting  of  the  proprietors 

of  the  Upper  Bridge,  on  Eastern  River,  for  the  choice  of  officers,  492 

Bristol  County,  an  additional  Notary  Public  to  be  chosen,            -  27 

«  «         Tax  granted,         -  -  117,  336, 423, 494,  €87 

Brooks,  Nathan,  Administrator  of  the  estate  of  Jonathan  H.  Davis, 

empowered  to  give  a  deed  to  C.  Bates,  -  -  -  109 
Brooks,  Peter  C.  Guardian  of  J.  S.  Hubbart  and  others,  empowered 

to  sell  estate,  -----.-  144 
Brown,  Francis  and  others.  Administrators  on  estate  of  Nancy  Stod- 

der,  authorized  to  pay  money  to,     -            -            -            -  106 

Brown,  Edward,  to  be  refunded  8400,  -  -  -  -  110 
Brown,  Henry  C.  Committee  on  Accounts  to  examine  and  allow  his 

Account,      -------  499 

Brownsville  and  Williamsburg,  resolve  on  petition  for  a  road,       -  161 

Buckfield,  proceedings  confirmed,        -            -            .            -  240 

Budge,  Daniel  and  others,  of  Levant,  land  granted  on  condition,  346 

Burghardt,  Hugo,  Esquire,  allowed  pay  as  a  Representative,         -  532 

Burt,  Gideon,  Esquire,  grant  to  for  certain  costs  paid  by  him,  430 

Butterfield,  Joseph,  Agent  on  Eastern  Lands,  to  execute  a  deed  to,  345 

C. 

Canaan,  part  of  their  State  Tax  to  be  set  to  Bloomfield,          -  157 

"       allowed  further  time  to  pay  State  Tax,  for  1815,               -  523 
Canal,  from  Connecticut  to  Merrimack  River,  Committee  to  explore 

a  route,  &c.  .---..  J05 
Capen,  John,  Treasurer  to  issue  a  new  note  to,  -  -  -  482 
Card,  Thurston,  pensioned,  -----  33^  487 
Cargill,  Susan,  authorized  to  execute  a  deed  to  Jane  Cargill,  -  614 
Carlton,  John,  Junior,  pensioned,  -  -  -  -  45 
"  «  "  grant  to,  -  -  -  -  -  411 
Carmel,  Laws,  &c.  to  be  delivered  for,  -  -  _  28 
Chamberlain,  John,  to  be  set  at  liberty,  upon  condition,  -  65,  124 
Chapin,  Selah,  Junior,  Executor  of  the  will  of  A.  Olmstead,  empow- 
ered to  make  a  deed,  -  -  -  -  -  135 
Chaplains,  pay  granted,  -  -  -  -  168,  355,  530,  708 
Charlestown,  Selectmen  authorized  to  appoint  additional  Engine 

Men,  .--.---.  330 
Charlton,  Assessors  of  Charlton,  Sturbridge,  and  Dudley  to  assess 

on  Sturbridge  its  proportion  of  taxes,  -  .  .  230 
Chase,  Warren,  Assistant  to  the  Messenger  of  the  General  Court, 

grant  to,  .  .  -  -  64,  99,  259,  352,  624 

"       Stephen,  compensated  for  services,       -            -            -  694 

Chesterville,  records  made  valid,                -            _            -            -  109 

Chipman,  Hannah,  Junior,  and  others,  authorized  to  execute  deeds,  50 
Churches,  Congregational,  in  Barnstable,  allowed  to  sell  their  shares 

in  certain  estate,  in  common,  ....  149 
Claims   for  military  services,  allowed   at  the  War  Office,  to  be 

paid,       -             -            -             -             -      113,  140,  172,  251 

"        for  military  services,  unliquidated,  Agent  to  receive  and 

liquidate,      -            -            -            -            -            -  116 

"        against  the  United  States,  report  respecting,         -          628,  683 

Cleaves,  William  W.  Captain,  powder  granted,          -             -  447 

"         Sarah,  empowered  to  convey  real  estate,             -           -  665 


INDEX. 

Clark,  Edward,  Junior,  tube  discharged  from  prison,  -  314 

Clement,  Daniel,  and  H.  Y.  B.  Osgood,  sureties  of  the  late  Sheriff 

McMillan,  allowed  further  time  to  pay,  -  -  -      511 

Clerks  of  the  General  Court,  pay  granted,  63,  177,  262,  360,  449, 530,  6I8 
"      of  the  Public  Offices,  pay  granted,         -         56,  59,  260,  450,  618 
"      of  the  Courts,  in  Essex,  to  apportion  the  county  tax,      -  405 

Cobb,  Honorable  David,  Agent  for  the  Trustees  of  the  estate  of  Wil- 
liam Bingham,  deceased,  resolve  on  his  Memorial  respecting  taxes 
on  the  Bingham  purchase,  in  Maine,       ...  -      516 

Cobb,  Sarah,  the  right  of  the  Commonwealth  to  certain  estate  relin- 
quished,      ......_  685 

Codman,  Stephen,  empowered  to  execute  a  deed  to  J.  T.  Norris 

and  others,        -  -  -  -  -      136 

"  "       empowered  to  execute  a  deed  to  Ephraim  Weston,  528 

Coffin,  G.  W.  allowed  for  services  in  the  Land  Office,       -  -      231 

"       Peleg,  grant  to  Executors  for  his  services,        -  -  310 

College,  Williams,  further  time  granted  to  locate  a  township  of 

land,       -  -  -  .  -  .  314,  123,  694 

Commissioners  appointed  to  assess  the  Proprietors  of  Slough  Mead- 
ow, ------  40 

"  to   receive   applications  from   Treasurer   Skinner's 

bondsmen,  -  -  -  -  -        66 

*'  for  giving  deeds  to  settlers  in  Bristol,  &c.  powers 

continued,    -----    147,  42I 

**  for  giving  deeds  to  settlers  in  Bristol,  &c.  resolve  on 

report,  and  granting  compensation,         7  -      153 

*'  on  the  practicability  of  a  Canal  from  Connecticut  to 

Merrimack  River,  appointed  105,  grant  to,  123,  254,336 
*'  on  the  subject  of  the  State  Prison,  compensated,  446 

"  for  presenting  claims  to  the  government  of  the  United 

States,  for  expenses  in  the  war,  compensated,  451 

**  for  adjusting  the  accounts  of  the  late  Treasurer  Ap- 

thorp,  -  -  -  -  -  437 

**  for  establishing  the  line   between   Edgecombe  and 

Newcastle,         -  -  -  -  -      410 

"  on  the  Rhode  Island  north  line,  continued,  and  vest- 

ed with  ample  powers,  -  -  .  439 

"  to  visit  Marshpee  and  Herring  Pond  Indians,  and 

inquire  respecting  the  mode  of  taking  care  of  them, 
and  respecting  their  lands,  -  -  .      436 

"  for  the  management  of  Eastern  Lands,  to  suspend 

proceedings,  ....  265 

"  for  the  sale  of  Public  Lands  ;  report  relative  to  nine 

townships  on  Penobscot  River,  and  directed  to  sell 
to  settlers,  .  .  -  .  .      424 

"  for  the  sale  of  Public  Lands,  to  lay  out  a  road  to 

Canada  line,  ....  433 

*'  for  the  sale  of  Public  Lands,  to  complete  a  road  from 

Penobscot  River  to  the  public  grants  on  the  eastern 
line,  lay  out  and  sell  six  townships  thereon,  and  a 
number  of  islands,  ....      434 

"  for  the  sale  of  Public  Lands,  to  prevent  the  destruc- 

tion of  public  timber,  ...  436 

"  for  the  sale  of  Public  Lands,  a  room  in  the  State 

House  appropriated  for,  „  -  _     448 


INDEX. 

Gommissioners  of  the  Land  Office,  authorized  to  release  lot  No.  101, 
in  Bangor,  to  the  heirs  of  Allen  M'Laughlin,  de- 
ceased,         -  ...  -  48S 

"  of  the  Land  Office,  to  settle  with  the  grantees,  (viz. 

J.  Howard,  and  others,)  of  land  in  now  Porter- 
field,  the  true  quantity,  -  -  -      483 

"  of  the  Land  Office,  to  receive  a  release  from  Joseph 

Treat,  Esquire,  of  land  sold  to  him,  and  quiet 
settlers  thereon,        .  _  -  -  493 

"  of  the  Land  Office,  to  settle  with  Seth  Spring,  and 

others,  relative  to  overplus  land  in  Baldwin,      -      522 

"  of  the  Land  Office,  to  convey  an  hundred  acres  to 

such  as  shall  begin  a  settlement  on  lands  adjoin- 
ing the  new  road  from  Kennebec,  towards  Canada, 
and  between  the  Penobscot  and  St.  John's  Rivers,  513 

"  of  the  Land  Office,  granted  five  hundred  dollars  to 

erect  a  saw  mill  on  Hale's  Stream,  and  authorized 
to  convey  to  the  party  performing  the  work,  fifty 
acres  contiguous  thereto,  including  half  the  stream, 
&c.  .  -  .  .  .   513,  713 

"  of  the  Land  Office,  may  apply  monies  in  their  hands 

to  the  opening  a  road  fi-om  Penobscot  to  the  east- 
ern line,  -  -  .  _  -      513 

"  of  the  Land  Office,  to  cause  a  road  to  be  made  through 

lands  on  the  east  side  of  Penobscot,  and  south  of 
Passadumky  Stream,  ...  514 

**  of  the  Land  Office,  to  receive  and  apply  five  hundred 

dollars,  granted  for  a  road  through  Orangetown, 

491,  531 

"  of  the  Land  Office,  salaries,     -  -  -   525^  531 

"  of  the  Land  Office,  granted  monies,  for  surveying  into 

lots,  certain  townships,  and  for  quieting  settlers,      613 

"  of  the  Land  Office,  authorized  to  sell  East  Andover 

surplus,  -----      684 

"  of  the  Land  Office,  authorized,  to  convey  No.  8,  to 

Moses  Hodsdon,       .  -  -  -  70O 

"  of  the  Land  Office,  authorized  to  settle  with  Seth 

Spring,  .  -  -  -  -      702 

"  of  the  Land  Office,  to  convey  land  to  the  person  who 

shall  erect  mills  on  Hale's  Stream,  and  agree  with 
settlers  on  the  new  road,      -  -  -  713 

"  of  the  Land  Office,  authorized  to  convey  to  B.  Fiske, 

and  others,  the  Commonwealth's  right  in  township 
No.  3,    -  -  -  -  -  -      676 

•'*  of  the  Land  Office,  authorized  to  extend  the  time  for 

the  fulfilment  of  a  contract  made  by  D.  Webster 
and  Ebenezer  Weston,  witli  the  Commonwealth, 
to  make  a  road  from  the  northerly  line  of  the  In- 
dian townships,  &c.  .  -  -  681 

'*  of  the  Land  Office,  to  receive  of  the  widow  and  heirs 

of  Leonard  Jarvis,  Esquire,  deceased,  releases  to 
the  Commonwealth,  of  their  right  to  certain  lands, 
adjust  claims  thereto,  &c.  -  -  -     793 

110 


INDEX. 

Committee  on  Accounts,  pay  granted, 

-  61,  167,  256,  355,  450,  530,  625,  ro8 
"                    ."         Rolls  reported, 

-  68,  178,  266,  363,  453,  534,  639,  714 
*'                     **         authorized  to  examine,  &c.  Doctor  T.  Man- 
ning's account,  -  -  107 

*'  "         not  to  receive  accounts  after  certain  times,  129 

*'  *'         to  examine  the  account  of  N.  Noyes,      -      296 

'*  "         to  examine  account  of  B.  Plumer,  Junior, 

Adjutant,  -  -  -  330 

"  "         to  examine  the  account  of  Henry  C.  Brown,  499 

Committee,  to  view  Housatonic  Turnpike,  and  report  where  gates 

should  be  placed,  -  .  -  .  151 

"  to  sell  land  to  Richard  Young,  of  Sandford,  and  account 

with  the  Treasurer,  -  -  -  -      131 

*^  to  inquire  into  the  doings  of  the  Hallowell  and  Augusta 

Bank,     -  -  -  -  -  -   103,  261 

"  to  ascertain  the  practicability  of  a  Canal  from  Connecti- 

cut to  Merrimack  River,      -  -      105,  123,  254,  336 

"  to  revise  the  Probate  Laws,  -  -        142,  176,  524 

"  to  quit  claim  the  Commonwealth's  title  to  estate  in 

Court  Street,  Boston,  -  -  -  -      169 

*"  to  fix  the  line  between  Durham  and  Pejepscot,     -  171 

"  of  the  Donation  School,  in  Hadley,  empowered  to  sell 

and  purchase  land,  -  -  -  -      112 

"  on  amendment  of  the  Constitution  of  the  United  States, 

proposed  by  North  Carolina,  report,      -  -  155 

"  for  causing  aWell  to  be  dug  in  the  State  House  Yard,  233, 259, 

"  for  causing  an  Engine  House  to  be  built  in      do.         238,  259 

**  to  view  Hingham  Harbor,        .  ..  -  -      237 

^*  Messrs.  Reddington  and  Greenleaf,  pay  granted  for  lo- 

cating a  road,    -  -  -  -  -  261 

"  on  the  subject  of  deaf  and  dumb  persons,        -  -     496 

"  to  revise  the  criminal  code,  .  -  .    507,  674 

"  to  examine  Ojd  Colony  Records,  &c.  -  514,  617,  680 

"  to  view  the  waters  in  Bridgewater  and  Halifax,  to  learn 

^Iso  the  facts,  &c.  relative  to  the  fishery  in  Taunton 
Great  River,  at  the  expense  of  J.  Gilmore,  -  -      609 

"  to  examine  the  State  Treasurer's  accounts,  -  621 

"  to  examine  what  British  statutes  have  been  adopted  and 

practised  upon  in  this  State,  ...      695 

Conduit  Corporation,  authorized  to  sell  real  estate,     -  -  446 

Congress,  resolve  on  the  subject  of  their  compensation,     -  -      310 

"         Members  from  Massachusetts,  to  endeavor  to  procure  an 

allowance  of  its  claim,     -  .  -  -  440 

Constitution  of  the  United  States,  report  on  the  proposition  of  North 

Carolina,  for  amending,  rela- 
tive to  State  Districts,  for  the 
choice  of  Representatives  to 
Congress,  and  Electors  of  Pre- 
sident and  Vice  President,  -  155 
''  *'  *'      Massachusetts'  proposition  on  the 

same  subjects,     -  -    157, 706 


INDEX. 

Cook,  Horace,  AdministFator  on  the  estate  of  J.  Winter,  authorized 
to  make  a  deed,  -  -  -  -  -  -      317 

Cook,  Francis,  Guardian,  empowered  to  convey  the  title  of  the  heirs 

of  Benjamin  Walker,  in  certain  estsite,        -  -  -  257 

Cook,  Josiah  P.  Executor  of  the  will  of  William  Andrews,  empower- 
ed to  sell  real  estate,     ------      345 

Corbin,  Lemuel  and  J.  Healey,  discharged  as  Guardians  to  the  Dud- 
ley Indians,  -  -  -  -  -  -  120 

Cornville,  doings  confirmed,  -----      512 

Corporation,  Massachusetts  General  Hospital,  to  give  bond  previous 

to  disposing  of  the  Province  House,  _  -  -  163 

Council,  pay  established,  -  -  -  27,  224, 405, 600 

Court,  General,  pay  established,  -  -  27,  224,  405,  600 

«  «         Chaplains,  pay  established,  -       168,355,530,708 

'  «  "         Clerks,  pay  established,  63,  177,  262,  360, 449,  530,  618 

**  "         Messenger,  pay  established, 

59,168,256,355,447,515,626 
**  "  "  grants  for  fuel.  &c. 

59,  89,  252, 344,  448,  473,  624,  662 
«  «        Printer  appointed,  -  -         35,227,408,600 

"  "        will  not  receive  applications  for  money  after  a  limit- 

ed time,      -  -  -  -  -  254 

Court,  Supreme  Judicial^  one  Justice  may  hold  a  term  at  Barn- 
stable, -  -        -        32,  243, 412 
**            **              "         Judges  appointed  to  ascertain  and  report 

what  British  statutes  have  been  adopt- 
ed and  practised  upon  in  this  State,       695 
"  *'  "         upon  appeal,  to  determine  the  right  to 

lot  No.  l,in  firstdivision,inEddington,  309 
"      Common  Pleas,  Justices  of  the  Western  Circuit,  may  exam- 
ine votes  for  a  Register  of  Deeds,   225,  295 
«  «  <'     Clerk  of  the  Courts  in  Penobscot,  authorized 

to  act  without  giving  bonds  until,  224 

«  «  "    Justices,  of  the  Third  Eastern  Circuit,  to  de- 

termine the  right  to  lot  No.  1,  first  divi- 
sion, in  Eddington,         -  -  ..      309 
«            «            "     Barnstable,  Clerk  to  issue  venires,       -  672 
"     of  Sessions,  at  Nantucket,  may  be  holden  third  Tuesday  in 

July,  -  -  -  -  -        56 

«  «  Hampden,  to  cause  to  be  defrayed  part  of  the 

expenses  of  a  Bridge  in  Westfield,      -  165 

<«  «  Essex,  directed  in  apportioning  tax  on  Lynn 

and  Saugus,  .  .  -  -       407 

«  «  Washington,  their  doings  and  their  Clerks 

made  valid,     -  -  -  -  488 

Crawford,  Levi,  half  the  debts  recovered  of  B.  Reed,  released  to,        500 
Cumberland  County,  tax  granted,  -  49,  117,  336,  494,  687 

«  «        additional  Notary  Public  to  be  chosen,         -        28 

Cummings  and  Hilliard,  Secretary  to  allow  fifty  cents  in  addition 

to  the  sum  before  allowed,  for  each  copy  of  the  Term  Reports,  501 
Curtis,  Elijah  S.  remitted  the  amount  charged  him  by  the  Warden 
of  the  State  Prison,         -  -  -  -  -  -     265 

Currier,  Samuel?  grant  to,       -  -  -  -  -  34 


INDEX. 
D. 

Daniels,  James,  pensioned,  -  -  -  .  -      627 

Deaf  and  Dumb,  Selectmen  to  make  return  of,  -  -  419 

"  "       Committee  to  consider  the  subject  of,      -  -      496 

Deeds,  Register  of,  in  York  County,  authorized  to  keep  his  office  at 

Alfred, 330 

Deerj&eld,  John  C.  Williams  authorized  to  pay  the  residuum  of  es- 
tate of  B.  Sheldon,  to  the  Treasurer  of,  for  support  of  E.  Gard- 
ner, &c.  _------      605 

Dighton,  Tax  abated,  -  -  -  -  -  36 

Dike,  Simeon,  discharged  from  the  penalty  of  a  recognizance,       -      102 
Dolbear,  Mary,  and  others,  Attorney  General  to  defend  an  action 
brought  by  E.  Gilbert  vs.  N.  Bell,    -  -  -  -  300 

Douglas,  Elisha,  grant  to,  and  pensioned,  -  -  44,  627 

Dukes' County,  Tax  granted,  -  -  -  58,423,611 

Durham  and  Pejepscot,  Committee  to  fix  the  line  between,  -      171 

Dwight,  Hannah,  empowered  to  sell  real  estate,  -  -  679 

Dwight,  Henry  W.  Esquire,  compensated  for  services  on  the  Com- 
mittee of  Finance,         ------      709 

E. 

Eastman,  Samuel,  Administrator  of  the  estate  of  L.  Howe,  autho- 
rized to  execute  a  deed  to  J.  Mixter  and  E.  Ruggles,  -  100 
Eastport,  Taxes  remitted,              -             -            -            -            -      668 

"         Secretary  to  deliver  books  for,  -  -  .  688 

"         Arms  restored  by  the  British,  to  be  delivered  to  the  owners,  709 
Eddy,  Ibrook,  Circuit  Court  of  Common  Pleas,  third  eastern  circuit, 

to  determine  the  right  to  lot  No.  1,  first  division,  in  Eddington,      309 
Eddy,  Ibrook,  grant  to,      ------      612 

Edgecombe  and  Newcastle,  Commissioners  appointed  to  establish 
the  line  between,      ------  410 

Election  Sermon,  grant  to  the  Preacher,     -  -  -  149,  704 

Electoi'S  of  President,  &c.  of  the  United  States,  mode  of  choosing 

prescribed,  233 

"  "  provision  for  payment  of,       -  -      316 

Elliot  School  Fund,  Trustees  authorized  to  sell  salt  marsh,     -  622 

Emerson,  Ebenezer,  empowered  to  sell  estate  of  James  H.  Eames,       102 
"  Samuel,  his  account  for  attendance  on  a  wounded  sol- 

dier, allowed,        -  .  -  -      341 

Essex  County,  an  additional  Notary  Public  to  be  chosen,        -  28 

"  "         Tax  granted,    -  -  -  117,336,494,687 

**         "        Clerk  of  the  Courts  to  apportion  the  county  tax,  405 

Exeter,  Secretary  to  furnish  with  laws,  &c.  -  _  -      235 

**       doings  made  valid,     -  -  -  -  -  316 

F. 

Fairbanks,  Samuel,  to  be  discharged  from  gaol,    -            -  -      420 

Fairhaven,  empowered  to  assess  83719  73,     -            -  -            491 

"        allowed  for  erecting  barracks,  -            -            -  -      691 

Falmouth,  Tax  abated,            _            .            _            _  -              47 

Fay,  Samuel  P.  P.  pay  granted,  as  a  Member  of  the  House,  -     325 


INDEX. 

Fay.  Samuel,  P.  P.  as  Administrator  of  the  estate  of  A.  Moore,  em- 
powered  to  convey  to  Seth   Hastings,  part  of  five  acres,  in 
Cambridge,       -  -  -  -  -  -  526 

Fayette,  records  and  doings  confirmed,  .  _  .      499 

Field,  Joseph,  and  J.  Gore,  their  houses  may  remain  covered  with 

clapboards,  .-_.-.  490 

Fiske,  Aner,  as  Administrator,  authorized  to  execute  a  deed,        -      301 
Fiske,  James,  and  others,  the  Administrator  on  estate  of  C.  Hamond, 
empowered  to  execute  deeds,  -  -  -  -  228 

Ford,  James,  Register  of  Deeds,  Norfolk  County,  Secretary  to  de- 
liver books  to,  -  -  -  -  -  -  -      432 

Forts,  Quarter  Master  General  to  provide  for  the  preservation  of,         66 
'*  "  "  ^'       to  cause  to  be  repaired,  -  160 

Foster,  Daniel,  allowed  further  time  to  build  a  Bridge  over  Moose 

River,    .---.---      678 
Foster,  Joseph,  grant  for  extra  service,  -  -  -    531,618 

Foxcroft,  doings  and  records  confirmed,    -  -  -  -      416 

Francis,  Joseph,  Page  of  the  House  of  Representatives,  pay  grant- 
ed, -  .  -  .  .  49,  175,  259,  351 
Franklin  County,  Tax  granted,      -            -            29,  139,  324,  494,  687 
Frankfort,  Quarter  Master  General  to  notify  to  return  muskets,  528 
Freeman,  records  confirmed,         -----      686 

Frost,  Joshua,  Esquire,  costs  paid  by  him  to  be  refunded,       -  438 

Frye,  Benjamin,  allowed  for  expense  of  sickness,  while  with  detach- 
ed militia,  in  1814,         -  -  -  -  -  -      509 

G. 

Georgetown,  part  of  Tax  set  to  Phipsburgh,     -  -    '        -  136 

Gilbert,  Clarissa,  allowed  850  annually,  for  four  years,     -  -      412 

Gilmore,  John,  Committee  to  view  waters,  &c.  in  Bridgewater  and 
Halifax,  relative  to  Fishery  in  Taunton  Great  River,  to  view  the 
same  at  his  expense,  -  .  -  _  .  609 

Goldthwaite,  Chloe,  estate  late  of  EUery  Wood,  relinquished  to,         227 
Gore,  Jeremiah,  and  Joseph  Field,  their  houses  may  remain  covered 
with  clapboards,      ------  490 

Governor,  his  Speech,       -  -     15,  8^^^,  209,  282,  393,  467,  577,  653 

"         "        "        Answer  of  the  House  to,      20,  217,  289,  404,  592 
«  "        «  «  "      Senate  to,      24,  221,  287,  401,  586 

"  his  Message,  communicating  abstracts  of  payments  by  the 
Board  of  War  ;  a  letter  from  the  Directors  of  the  State 
Prison,  relative  to  a  Bridge,  and  the  resignation  of  the 
Major  General  of  the  9th  Division,  -  -        30 

Governor's  Message  relative  to  the  necessity  of  an  Agent  to  com- 
plete the  accounts  by  the  Board  of  War, 
against  the  United  States,        -  -  61 

"  '^        announcing  the  resignation  of  Major  General 

Cobb, 92 

"  "        communicating  a  request  of  the  United  States 

to  be  vested  with  the  jurisdiction  over  land, 
selected  on  Charles  River,  for  an  Ordnance 
Depot,  -  -  -  -  226 

A  a        announcing  the  resignation  of  Honorable  Eben- 

ezer  Mattoon,  as  Major  General  of  the  4th 
Division,    -  -  -  -  -     248 


INDEX. 

Governor's  Message,  relative  to  buildings,  necessary  to  preserve  the 

public  military  stores,         ...      304 

"  "        announcing  the  resignation  of  Major  General 

Blake,  of  10th  Division,  -  -  311 

"  "        communicating  the  report  of  Commissioners,  on 

the  subject  of  a  Canal,  to  unite  the  Connect- 
icut and  Merrimack  Rivers,  -  -      3S2 

**  "         communicating  the  adjusted  account  of  the  late 

Treasurer,  Apthorp  :  returns  of  Field  Artil- 
lerv.  Ordnance  Stores,  Camp  Equipage,  and 
Arms,         -  -  -  -  -      481 

"  "        announcing  the  resignation  of  Major  General 

Richardson,  -  -  -  -      484 

"  "         communicating  a  letter  from  the  Governor  of 

Tennessee  ;  and  that  General  Russell  de- 
clines the  office  of  Major  General  of  the  12th 
Division,    -  -  -  -  -      502 

"  "         communicating  two  letters  from  the  Governor 

of  Vermont,  relating  to  amendments  to  the 

«  «  Constitution  of  the  United  States,  -      512 

"  '•        relative  to  a  fire  proof  building  for  the  public 

records,  and  communicating  resolves  of  Geor- 
gia, on  proposed  amendments  of  the  Consti- 
tution of  the  United  States,  -  -      601 

<*  «        informing  of  the  completion  of  the  Arsenal  and 

Laboratory,  .  -  -  .      47Q 

«  «        announcing  the  death  of  the  Honorable  Samuel 

Fales,   -  -  -  -  -  477 

«  «        submitting  resolves  of  N.  Carolina,  on  an  amend- 

ment of  the  Constitution  of  the  U.  S.  propos- 
ed by  New  Jersey,  -  -  -      479 

«  "        communicating  suggestions  of  the  Justices    of 

the  Supreme  Judicial  Court,  respecting  the 
right  of  appeal  and  review,  -  -      481 

"  "         communicating  a  letter  from  the  Secretary  of 

State,  intimating  the  wish  of  the  President, 
that  an  Officer  of  this  Commonwealth  may  at- 
tend at  the  surrender,  by  the  British,  of  Moose 
and  other  Islands,  ...      602 

«  <<         communicating  the  account  of  George  Herbert, 

Esquire,  Agent  on  land  mortgaged  by  Leon- 
ard Jarvis,  Esquire,  deceased,  -  616 
Governor  and  Council,  to  cause  a  selection  of  land  for  the  erection 

of  a  public  Arsenal,      -  -  -        48 

«  "  to  appoint  Commissioners  to  receive  appli- 

cations from  Treasurer  Skinner's  bonds- 
men, &c.     .  -  -  -  66 

i(  "  authorized  to  cause  a  fire  proof  Arsenal  and 

Laboratory,  to  be  erected  in  Boston,     -      160 

<«  "  authorized  t»,  cause  a  fire  proof  store  in  Cam- 

bridge, to  be  erected,    -  -  -      160 

«  "  authorized  to  appoint  a  Committee  to  cause 

a  survey,  &c.  of  a  road  from  Penobscot 
River,  to  land  north  of  No.  2, 7th  range,    161 


INDEX. 

Governor  requested  to  transmit  copies  of  Report  on  the  proposition 
of  North  Carolina,  for  amending  the  Constitution  of 
the  United  States,  -  .  -  .  157 

"  requested  to  tiansmit  the  propositions  of  Massachusetts 
for  amendments  to  the  Constitution  of  the  United 
States,         ......       158 

^*  authorized  to  employ  a  person  to  present  the  claims  of 
this  State,  to  the  United  States,  for  expenses  in  the 
late  war,  -  -  -  -  -  116 

'*        authorized   to  appoint  Commissioners  to  ascertain   the 

rights,  &c.  of  Nathan  Bourne,  in  Mashpee  Plantation,  120 

^'  authorized  to  appoint  three  persons  to  contract  with  Com- 
missioners, appointed  to  explore  a  route  for  a  water 
communication  between  Connecticut  and  Merrimack 
Rivers,  relative  to  their  expenses,  and  tlie  compensa- 
tion for  their  services,  -  -  -  -       123 

"  authorized  to  appoint  a  Keeper  of  the  Magazine  in  Mid- 
dlesex, .....  130 

"  requested  to  appoint  an  Agent  to  present  the  claim  of  the 
Commonwealth  against  the  United  States,  for  expen- 
ditures in  the  late  war,        -  -  -  240,  311 

*'  requested  to  appoint  Commissioners  to  superintend  re- 
pairs on  the  meeting  house  in  Mashpee,  -  323 

"        requested  to  appoint  Agents  to  cause  an  Arsenal,  &c.  to 

be  built,      -  -  -  -  -  -       342 

"        requested  to  appoint  Commissioners  to  consider  at  large 

the  subject  of  the  State  Prison,  -  -  348 

<*  requested  to  appoint  Commissioners  to  superintend  the 
straightening  of  the  rear  wall  of  the  State  House, 
Yard,  &c.    -  -  -  -  -  -      362 

<<         authorized  to  cause  State  Prison  walls  to  be  rebuilt,  433 

♦*  authorized  to  employ  some  person  to  prepare  and  arrange 
the  claims  against  the  United  States,  for  expenditures 
in  the  late  war,   .  -  -  -  -  441 

•<        authorized  to  deliver  Honorable  James  Lloyd,  documents 

and  papers,  .  _  .  .  _      44^ 

"  authorized  to  commute  and  make  arrangement  with  tlie 
United  States,  relative  to  balance  of  arms  due  this 
State,  .....  441 

"        authorized  to  sell  twenty -four  pound  cannon,  -      451 

*^*         authorized  to  cause  a  fire  proof  building  to  be  erected  for 

the  security  of  public  records  and  papers,  -  485 

"  authorized  to  appoint  three  persons  to  treat  with  the  Pe- 
nobscot Indians,       .  -  -  .  .      507 

^*  authorized  to  cause  such  an  examination  of  the  State 
House,  as  any  indications  of  danger  from  fire,  may 
suggest,      ......       486 

"        authorized  to  cause  repairs  on  the  State  House,      -  623 

"  authorized  to  cause  to  be  delivered  to  Senators  in  Con- 
gress, documents  to  support  the  Massachusetts  claim 
for  expenditures  in  the  late  war,  and  to  draw  on  the 
Treasury  for  money  to  pay  for  transporting  them,  637 

**        authorized  to  appoint  a  Priest  for  the  Penobscot  and  Pas- 

samaquoddy  Indians,  .  .  .  _     ggr 


INDEX. 

Governor  authorized  to  fulfil  the  recent  treaty  with  the  Penobscot 

Indians  -  -  -  -  -  71 1 

"        authorized  to  cause  muskets,  restored  by  the  British,  at 

Eastport,  &c.  to  be  delivered  to  the  proper  owners,        709 
*'        requested  to  appoint  an  ofl&cer  to  attend  the  surrender  of 

Moose,  and  other  Islands,  &c.  -  -  .      635 

"        Lieutenant,  salary  established,        -  -  58, 262,  449 

Gould,  Amos,  Feoffees  of  Grammar  School  in  Ipswich,  empowered  to 

make  a  deed  to,  .  -  .  .  _         %• 

"    Jonathan  R.  Guardian  to  Eliza  Larkin,  authorized  to  settle 

interest  of,    -  -  -  -  -  -  £32 

Greenwood,  town  of,  doings  confirmed,     -  -  -  .      686 

Greenleaf,  Moses,  Secretary   to  subscribe  for  1000  copies  of  a  Map 
of  the  District  of  Maine,  &c.  -  -  -  -  112 

Griggs,  Samuel,  discharged  from  recognizance  and  confinement,         £46 
Griswold,  Simeon,  and  others.  Treasurer  Skinner's  bondsmen,  re- 
solve on  petition  for  discharge,    -  -  -  -  -      65 

Guardians  of  Christiantown  Indians,  to  lodge  in  the  Secretary's  Of- 
fice, an  account  of  lauds  sold  under  tlieir  guardianship,        -  509 

H. 

Hadley  Donation  School,  Committee  empowered  to  sell  lands  and 
vest  proceeds,  -  -  -  -  -  -  IIS 

Haley,  Samuel,  granted  the  Northerly  Island  of  the  Isle  of  Shoals,     328 
Hamlin,  Cyrus,  Treasurer,  to  stay  process  against  the  bondsmen  of 

Sheriff  Learned,  --..--      HI 

Hampden,  Selectmen  permitted  to  retain  muskets,      -  -  52 

"  Academy,  records  confirmed,  and  meetings  of  Trustees 

fixed,  --....      340 

«         County,  Tax  granted,         -  -  139, 324, 494,  687 

Hampshire       "        Tax  granted,  -  -  -      139, 338,  494,  637 

Hanc.ck  "        Tax  granted,  -  -  117,338,494,687 

Hare,  Charles  W.  Esquire,  and  others,  the  Devisees  in  trust  of  the 
estate  of  William  Bingham,  Esquire,  the  Treasurer  directed  to 
suspend  issuing  warrrants  for  the  collection  of  certain  taxes,  551 

Harris,  Benjamin,  the  Guardian  of  the  children  of  C.  Fisher,  em- 
powered to  execute  a  deed  to,  .  -  .  .      qjq 
Hart,  Daniel,  allowed  further  compensation,  -            -            -  236 
Harwich,  Orleans,  and  Brewster,  Committees  of,  authorized  to  sell 

Indian  lands,      -  -  -  .  -  .  .      669 

Haskell,  Lois,  compensated  for  expense  occasioned  by  the  sickness 

and  death  of  her  husband,  a  soldier,  -  .  .  315 

Haskins,  Thomas,  as  Administrator,  empowered  to  execute  deeds,     674 
Hayward,  Barzillai,  H.  Rathbone  authorized  to  execute  a  deed  to,       99 
Hay  lies,  Israel,  Guardian  toZ.  Maynard,  empowered  to  sell  estate,    681 
Heald,  John,  doings  as  Administrator,  made  valid,  -  -      671 

Healy,  John,  and  L.  Corbin,  discharged,  as  Guardians  to  the  Dudley 

Indians,  ----..  120  • 

Herbert,  George,  Agent,  on  the  subject  of  lands  mortgaged  by  L. 

Jarvis,  grant  to,      -  -  -  -  -  -      624 

Heywood,  Mehitable,  authorized  to  sell  estate  of  her  son,       -  443 

Hill,  Josiah,  as  Administrator,  authorized  to  execute  a  deed  to  W. 

Hill,  -      .       .  .  .  .  .  ^55 


INDEX. 

Hill,  Dorcas,  her  dower  confirmed,     -  -  -  «  146 

Hingham  Harbor,  Committee  to  view,       -  .  -  -      237 

Hodgdon,  Israel,  grant  to,  for  expenses  in  the  detached  militia,  238 

Hodsdon,  Moses,  Commissioners  of  the  Land  Office  to  convey  lot 

No.  8,  to,       -  - 700 

Homer,  George  J.  empowered  to  sell  real  estate,  devised  to  his  sons,     250 
Homes,  William,  and  others,  Proprietors  of  Conduit  Corporation,  in 

Boston,  authorized  to  sell  real  estate,  _  _  -      446 

Hospital,  Massachusetts  General,  Corporation  to  give  bond,  previous 

to  sale  of  the  Province  House,       163 
"  "  "         stone  for,  may  be  fitted  at  the  State 

Prison,  -  -  -      418 

Hounsfield,  Bartholomew,  permitted  to  purchase  and  hold  real  estate,  497 
Housatonic  Turnpike,  Committee  to  view,  and  report  where  Gates 
should  be  placed,  -  -  -  -  -  -151 

Howard,  Joseph,  Attorney  General  to  suspend  the  collection  of  an 

execution,      .  .  -  -  171,  246 

"  "        and  others,  Commissioners  of  the  Land  Office  di- 

rected, -----      483 

Howes,  John,  a  wounded  soldier,  grant  to,      -  -  -  232 

Hubbard,  Robert,  and  F.  Barnard,  William  Welles,  Esquire,  author- 
ized to  sell  estate  in  Shelburne,  the  property  of  Lucy  Barnard,         490 
Humphreys,  Frances  Ann,  empowered  to  hold  estate,  &c.  -       663 

Hunewell,  Jonathan,  Honorable,  grant  to,  for  repairs  on  the  State 
House,  -------      685 

I.  &  J. 

Jackson,  John,  grant  to,  for  expense  and  loss  of  time  by  sickness,     313 
Janes,  Samuel,  Administrators  of  the  estate  of  G.  Stacey,  empowered 

to  execute  a  deed,      -  -  -  -  -  133 

Jarvis,  Leonard,  deceased.  Commissioners  of  the  Land  Office  to  re- 
ceive a  relinquishment  of  the  right  of  his  widow  and  heirs,  to 
certain  lands,        -..----      703 

Jay,  records  made  valid,         -----  176 

Jenkins'  Art  of  Writing,  Secretary  to  distribute,  -  -         32 

"         "  «  "  to  have  bound,      -  -  53 

Jennison,  Rebecca,  and  S.  Brooks,  the  Administrator  on  estate  of 

David  Curtis,  empowered  to  execute  a  quit  claim  deed,     133,  477 
Indians,  Black  Ground,  and  Herring  Pond,  Overseers  authorized  to 

sell  land,         -----  -41 

"      Bridgewater,  Guardians  empowered  to  sell  land  of  R.  Pegin,  302 
"      Christiantown,  Agent  appointed  to  examine  witnesses  on  the 

subject  of  their  complaint,  -  -      415 

'^  *'  Guardians  to  lodge  in  the  Secretary's  Office, 

an  account  of  lands  sold  under  their  guardi- 
anship,       -  -  -  -  500 

''  <'  Guardians  to  be  discharged,  and  others  ap- 

pointed, -  -  -  -      615 

*'  ^'  Guardians  to  be  compelled  to  account,  615 

"      Dudley,  Guardians  discharged,  and  a  new  appointment,    -      120 
111 


INDEX. 

Indians,  Grafton,  Trustee  may  appropriate  money  for  tiie  support  of 

Sarah  Piiillips,  -  -  -  -         92 

^'      Herring  Pond  and  Mashpee,  Commissioners  to  visit,  and  as- 
certain certain  facts  respecting,  &c.         -      486 
''  "  sale  of  land,  by  their  Agent,  confirmed,  693 

**      Mashpee,  grant  for  repairing  their  meeting  house,  -      323 

"      Natick,  Guardians  empowered  to  appropriate  funds,  &c.         693 
"      Passamaquoddy,  Governor  authorized  to  appoint  a  Priest  for,  667 
*'      Penobscot,  Quarter  Master  General  to  send  corn  for,        -      361 
"  "  "  "  "       granted    glOO,    to  pay 

the  expenses  of  two,     503 
*^  ^'  Governor  authorized  to  appoint  Commissioners 

to  treat  with,  for  the  relinquishment  of  lands,     508 
*'  *'  grant  to  the  Quarter  Master  General,  for  supplies 

furnished  the  Commissioners  for  making  a  trea- 
ty with,     -----      661 

'*  "  Governor  authorized  to  fulfil  the  late  treaty  with,  711 

''  *'  Agent  for,  (General  Blake,)  grant  to,  for  his  ser- 

vices and  expenses,  -  -  -      710 

*'      Potawumacut,  Committees  of  Harwich,  Orleans,  and  Brews- 
ter, empowered  to  sell  lands  of,  -      669 
''      Plymouth,  Edward  Mitchell,  Junior,  allowed  expenses,  in 
defending  against  an  action  for  recovery  of  In- 
dian lands,               -              -             -              -       127 

*'      Troy,  Guardian  appointed,    -  -  -  -  606 

Ingersol,  Nathaniel,  and  J.  Hodgdon,  further  time  allowed  to  per- 
form settlement  duties,  on  land  granted  to  Groton  and  Westfield 
Academies,     -  -  -  -  -  -  -      146 

Johnson,  Thomas,  and  others,  permitted  to  locate  grants  in  No.  4,        106 
Journegan,  William,  Treasurer  of  Dukes'  County,  grant  to,      -  605 

Ipswich  Grammar  School,  Trustees  empowered  to  make  a  deed,  96 

K. 

Kent,  Samuel,  Executors  of  Samuel  Gore,  to  execute  a  deed,  43 

Kennebec  County,  Tax  granted,  -  -  117,353,494,687 

Kennedy,  Thomas,  grant  to,  for  transporting  troops,         -  -      360 

Kellam,  Phineas,  Susan  Cargill  authorized  to  execute  a  deed  to,        614 
Kimball,  Ebenezer,  grant  to,  -  -  -  -  -      167 

King,  John,  Guardian  authorized  to  sell  estate  of,       -  -  356 

Kingfield,  records  confirmed,         .  -  .  -  -      516 

Kirby,  Ruth,  thfe  Commonwealth's  right  to  certain  estate,  relinquish- 
ed to,  -  -  -  -  -  -  -  704 

Knapp,  Moses,  resolve  on  petition  for  leave  to  purchase  a  lot,  in 
Plantation,  No.  4,    -  -  -  -  -  -  151 

Knight,  Jonathan,  Executor  of  the  will  of  S.  Brooks,  to  quit  claim 
right  t©  certain  lands,  -----  474 

Kuhn,  Jacob,  Messenger,  addition  to  his  salary, 

59,  168,  256,  355,  447,  515,  626 
"  "       grant  to,  for  fuel,        59,89,252,344,448,473,624,662 

L. 

Lambert,  Luke,  Junior,  grant  to,  for  the  use  of  his  house  for  a  Court 
Martial,  -  -  -  -  -  -  -      328 


INDEX. 

Land  Office,  a  room  in  the  State  House  appropriated  for,       *  448 

"         "        (See  Commissioners  of  the  Land  Office.) 
Laws,  General,  Secretary  to  contract  for  printing  the  fourth  volume,     80 

"  "  "  to  distribute  "  "  90 

"  "        expense  of  printing  and  binding  fourth  volume  pro- 

vided for,  _  -  _  -  -      254 

"       Probate,  Committee  to  revise  and  report,  -  142,  176 

"  "  "  compensated,  -  -  _      5^4 

"       Criminal,  Committee  appointed  to  revise,         -  -  507 

Lear,  Abigail,  the  Executor  of  Enoch  Glover  to  pay  her  a  legacy,  599 
Lee,  James,  allowed  for  expenses  in  the  prosecution  of  Orin  Maynard,  432 
Lee,  Joseph,  authorized  to  carry  into  effect  a  compromise  made  for  a 

trespass  on  lands  near  St.  Croix  River,        .  -  -  438 

Lee,  Tempe,  authorized  to  convey  real  estate,       -  -  .      678 

Lewis,  Lothrop,  Esquire,  to  survey  land  in  Brownfield,  from  which 

J.  Howard  has  been  ejected,      -  -  .      246 

"  "         compensated  for  survey  of  land  in  Brownfield,  414 

Lewis,  Winslow,  and  others,  may  be  formed  into  a  company  of  Sea 

Fencibles,  in  Boston,  -  .  _      431 

'•  "         Captain,  his  company  of  Sea  Fencibles  may  consist 

of  masters,  mates,  and  supercargoes,       -  510 

Lewiston,  Commissioners  appointed   to  assess  the   proprietors  of 

Slough  Meadow,  -  -  -  -  -  -        40 

Levant,  Inhabitants  of,  granted  land  on  condition,        -  -  346 

Lincolnville,  doings  and  records  made  valid,         -  -        '    -      406 

Lincoln  County,  Tax  granted,  -  -  1 17,  423,  494,  687 

Lincoln,  Ephraim,  authorized  to  sell  estate  of  the  minor  children  of 

M.  Chase,  --.._.  395 

Lisbon,  doings  made  valid,  -  .  _  .  >      307 

Lock,  Catharine,  her  discharge  for  legacies,  made  valid,  -  39 

Lock,  Ward,  Assistant  to  the  Messenger  of  the  Council,  pav,  '' 

-      67,  175,  450,  530,  624,  708 
Locke,  Joseph,  empowered  to  apply  money  to  the  payment  of  the 

debts  of  J.  Hill,  deceased,  .  -  _  .  _      145 

Lord,  Noah,  Junior,  grant  to,  being  wounded,  -  -  315 

Lottery,  Kennebec  Bridge,  Attorney  and  Solicitor  General  directed,  533 
Lovel  and  Sweden,  proprietors' doings  made  valid,  -  -        47 

Low,  John,  Junior,  Assistant  to  the  Messenger,  pay  granted, 

60,  168,  255,  358 
Low,  Lewis,  "  "  " 

64,  175,  259,  352 

Lynn,  part  of  tax  abated,  and  set  to  Saugus,         .  _  -      137 

"      State  Treasurer  to  issue  his  warrant  for  assessing  S231  33,      407 
Lynnfield,  to  be  repaid  the  amount  of  Representatives  pay,  -        31 

M. 

Mackay,  Mungo,  and  others,  Executors  authorized  to  sell  real  estate,  305 
McKusick,  Francis,  discharged  from  judgment,  t&c.     -  -  357 

McLellan,  James,  pay  as  Representative,  granted,  -  -     532 

McMellan,  John,  late  Sheriff,  Treasurer  to  suspend  the  prosecution  of 

his  bondsmen,        _---_.  712 

McNeil,  Archibald,  grant  in  full  for  land  in  Charlestown,  -  -     340 


INDEX. 

Maine  District,  inhabitants  to  g\\e  their  rotes  on  the  subject  of  a  sep- 
aration from  Massachusetts  Proper,  -  148 
"           "         report  and  act  on  the  subject   of  separation,  to  be 

printed  and  distributed,  -  -  .     263 

'•  "         resolre.  relative  to  the  subject  of  separation.     -  317 

"  '•         time  extended  for  performing  settlement  duties  in,        324 

Manning.  Thomas,  Doctor,  Committee  on  Accounts  to  examine,  &c. 

his  account,  -.____       107 

Maps  and  Statistical  View  of  Maine,  Secretary  to  distribute,    -  260 

Marriages,  certain-  made  valid,    -----       692 

Marblehead.  Treasurer  to  delay  warrant  of  distress,     -  -  29 

Martin,  James.  Treasurer  to  pay  S700  and  interest,  to  Clerk  of  the 

Supreme  Judicial  Court,  in  Middlesex,  for,        -  -  -       l.iO 

Mashpee.  grant  for  repairing  meeting  house,   -  -  -  323 

Mead,  Mary,  authorized  to  execute  a  deed  to  Theodore  Lyman,     -      417 

"       David,  compensated  for  expenses,  occasioned  by  a  wound,  669 

Metcalf,  Theron.  RepKjrter  on  Contested  Elections,  granted  pay, 

'      -  -  -  -  -     64,  258,  260,  353 

'•        Elliab  W.  Administrator  on  estate  of  E.  Stedman,  deceased, 

empowered  to  sell  a  lot  of  land,  -  -  -      249 

Middlesex  County.  Tax  granted,         -         '    -  -  117.324,494 

Miller.  Joseph.  Executor  of  will  of  J.  Wyeth,  affidavit  made  valid,  93 

Mingo.  William,  and  others,  Mashpee  Indians,  Commissioners  appoint- 
ed to   visit  the  tribes,   to  ascertain  the  quantity  and  value  of  lands, 
what  has  been  alienated,  and  how  applied,  &c.         -  -  486 

^litchell,  Edward,  Junior,  allowed  ex{>enses  incurred  in  defence  in  an 

action  for  recovery  of  Indian  lands  in 
Bridgewater,       -  -  -  127 

''  "  ^'      authorized  to  sell  Indian  land  of  R.  Pegin, 

of  Bridgewater,  deceased,      -  -       303 

"  *'  ^'      Guardian  of  Indians  in  Bridgewater,  em- 

powered to  sell  land  late  of  J.  James,       701 
'•         James,  grant  to.     -  -  -  -  -  627 

Mixter.  Jason,  Samuel  Eastman  authorized  to  execute  a  deed  of  land 

in  Hancok,  to.  --..-.     lOO 

Moody,  Levi,  Collector  of  Waldoborough,  to  be  credited  for  money 
lost,  -  -  -  -  -  -  -  111 

Money,  no  application  for  to  the  General  Court,  to  be  received,  after 
the  limited  time,    ------  254 

Moore,  David,  authorized  to  execute  a  deed  to  J.  Harvey,  -       326 

Morrill.  Xathaniel.  discharged  from  judgment,  &c.       -  -  242 

Morley.  Hannah,  and  Sylvanus  G.  authorized  to  sell  estate,  -      473 

Morgan,  Israel,  his  pension  to  be  paid  to  the  Overseers  of  the  Poor,  in 
Beverly,  ------  604 

Mudge,  Enoch,  pay  granted  for  surveying  a  county  road,  -  -      452 

N. 

Nantucket,  Court  of  Sessions  may  be  holden  in  July,  -  -      56 

Nason.  Xathan,  granted  gl33  02.  for  costs  in  an  action  of  ejectment,   145 
Nelson,  Jonathan,  granted  g50,  for  his  loss  by  a  wound,  -  627 

Newcomb,  Hezekiah,  indemnified  for  loss  of  land,  -  -        42 


INDEX. 

Newton,  Willard,  authorized  to  file  his  bond  in  the  Probate  Office  in 
Middlesex,     -  -  -  -  -  -  -      614 

Newcastle  and  Edgecombe,  Commissioners  appointed  to  establish  the 
line  between,         -----_  410 

Nichols,  Benjamin  R.  granted  g752  28,  for  abstracting,   &c.  Ply- 
mouth Colony  Records,  -  .  .  -  .       680 

Nixon.  Joseph,  discharged  from  an  execution,  -  -  323 

Norfolk  County,  Tax  granted,  -  -      117.336,423,494,687 

*'  "         Secretary  to  deliver  the  Register  of  Deeds,  certain 

books,  ----...      432 

Notaries  Public,  additional  for  Bristol,  _  _  .  27 

"  "  "  for  Cumberland.  -  -  -         28 

«  <«  «•'  for  Essex,  '    -  -  -  28 

«•  ^-  '•'  for  Suffolk,       -  -  -  -      28 

Noyes,  Nathan,  Committee  on  Accounts  to  examine,  &c.  his  account,  296 

O. 

Officers  of  Militia,  directed  to  pay  the  Treasurer  fines  received  of  per- 
sons drafted,  and  who  refuse  obedience,  -  -  .       258 
Orr,  Benjamin,  and  Jeremiah  Bailey,  granted  SIOOO,  for  services  in 

executing  deeds  to  settlers  in  Bristol,  &c.  -  -  421 

Orrington,  no  process  to  issue  against,  for  arms  lost,  -  -         52 

Orangetown,  g500  granted  for  a  road  through.  -  -     491,  531 

Otis,  H.  G.  Administrator  of  the  estate  of  Mary  Bovlston,  authorized 

to  sell  land,     -  -  -  -'-'  -  -93 

Oxford  County,  Tax  granted,  -  -  117,  338,  494,  687 


Page  of  the  House  of  Representatives,  pay  granted.        49.  175,  259,  351 
Parker,  Jesse,  granted  amount  of  costs,  in  defending  against  the  suit 

of  J.  Martin.  -  -^  -  -  150 

'•         *'       allowed  costs,  in  an  action  brought  by  J.  Ainsley,  357 

*'      John,  Administrator,  affidavit  made  valid,  -  -         94 

Patten,  Christopher,  and  others,  Shakers,  grant  to,      -  -  501 

Paupers  in  the  several  Alms  Houses,  a  Committee  appointed  to  ex- 
amine, .._---_      444 
Pejepscot  and  Durham,  Committee  to  fix  the  line  between,      -  171 
Penobscot  County,  two  Notaries  Public  to  be  appointed,                 -      229 
*•               *•         Clerk  of  the  Court  may  officiate  without  bonds 

until.    -  -  '  -  -  -  224 

"  *'        Sheriff  authorized  to  remove  prisoners  from  Cas- 

tine  Gaol,  -  -  -  -       521 

"  "        Tax  granted,         -  -  -         338.  494,  687 

Perkins,  Jonathan,  his  doings,  as  Coroner  for  Kennebec,  confirmed.     502 
Perry,  Stephen  and  Benjamin,  Solicitor  General  to  endorse  on  notes 
of'j.  Baldwin,  §595,   ------       229 

Phillips,  Sarah,  the  Trustee  of  Grafton  Indians,  empowered  to  ap- 
propriate money  to  the  support  of,  .  -  .  92 
Pierce,  Jos.  H.  grant  for  services  in  the  War  Office.            -              -       313 
**             Agent  at  Washington  City,  g500  advanced  to,              480 
"            grant  to,  for  services,              ...             626 


INDEX. 

Pierce,  Isaac,  compensated  for  loss  of  time  by  a  wound,     -             _  108 
Plantation,  No.  3,  sixth  range,  north  of  the  Waldo  Patent,  records 

confirmed,              _--__«  424 
Plymouth  County,  Tax  granted,                -                58,  237,  423,  611,  687 
"             "        another  Notary  Public  to  be  chosen  for,              -  226 
"       Selectmen,  granted  further  time  to  locate  a  township,  121 
"       Records,  B.  R.  Nichols,  Esquire,  compensated  for  extract- 
ing, &c.               -              -              -              -              -  680 

Plympton,  Sylvanus,  Esquire,  allowed  pay  ^s  a  Representative,  442 
Plummer,  Benjamin,  Junior,  Committee  on  accounts  to  examine  his 

account,           _.--.._  330 

Pond,  Samuel,  compensated  as  President  of  a  Court  Martial,    -  711 

Portland,  Selectmen,  authorized  to  sell  the  North  School  Lot,  &c.  52 

Porter,  Nehemiah,  Sylvia  Porter  authorized  to  convey  ten  acres  of 

land  to,            ------              .  495 

Potter,  Barrett,  and  N.  Ingersol,  allowed  further  time  to  settle  the 

half  township  granted  to  Deerfield  Academy,            -              -  241 
Pownal,  Records  of  the  First  Parish  confirmed,     -              -              _  307 
Pratt,  Benoni,  Court  of  Sessions  for  Franklin  County,  empowered  to 
hear  any  petition  for  aid  in  building  a  Bridge  over  Deerfield  River, 
at  the  falls,            --.-__  498 
Prison,  State,  appropriation  for,      36,  106,  233,  297,  413,  480,  603,  667 
*'           *'      Directors  to  allow  E.  S.  Curtis  the  labor  of  twenty  con- 
victs for  thirty  days,        -              -              -              -  265 

**  *'     the  Governor  authorized  to  appoint  Commissioners  to 

consider  the  subject  of  at  large,           -              -  348 

"           *'     Commissioners  to  consider  the  subject  of,  compensated,  446 

*'            *'     the  Governor  authorized  to  cause  walls  to  be  rebuilt,  433 

Prisoners,  Sheriff  of  Penobscot  County,  authorized  to  remove  from 

Castine  Gaol,  -  -  -  -  -  -521 

Proprietors  of  Lovel  and  Sweden,  doings  made  valid,                  -  47 
"          of  land  granted  to  Warren  Academy,  to  give  bond  to 

make  a  road,         -             -             _             _             .  162 


Q. 

Quakers,  Selectmen  of  Bolton  and  Berlin  to  pay  certain  money  to 

the  Teacher  of  a  School,  established  by  them,     -  -  -      432 

Quarter  Master  General,  to  pay  the  expense  of  returning  arms,  &c.       46 
"  "  "        to  provide  for  the  preservation  of  Forts,        66 

"  "  "        to  employ  persons  to  lepair  Forts,  injured 

by  frost,  -  -  -  -      160 

"  "  "       to  receive  of  the  Treasurer,  monies  due  for 

military  services  ;  give  notice,  and  make 
payments,  -  -  -114,  115 

*'  *'  "        to  deliver  hospital   articles  to  the  Boston 

Board  of  Health,  -  -  -  128 

^'  "  "       to  sell  the  Powder  House,  in  Charlestown, 

and  erect  a  new  magazine,      -  -      129 

**  "  "        discharged  of  monies  expended  ;  and  mak- 

ing an  appropriation  for  his  department, 

-     131,354,521,710 


INDEX. 

Quarter  Master  General,  to  lay  before  the  Legislature,  suclt  reasons 

as  delinquent  towns,  &c.  may  transmit 
to  him,  relative  to  their  detention  of  mu- 
nitions of  war,  loaned  them,    -  -      159 

"  "  "       to  send  copies  of  a  resolve,  to  towns,  &c. 

delinquent  in  returning  arms,  &c.        -      160 

"  "  "       to  furnish  Bangor  Artillery  Company  with 

brass  Field  Pieces,  &c.  -  -      236 

"  "  "        report  on  representation  relative  to  the  re- 

turn, or  neglect  to  return,  of  arms,  &c. 
loaned  from  the  public  magazines,  during 
the  late  war ;  and  directing  him  to  call 
on  delinquents,  -  .  _      247 

"  "  "        to  cause  small  arms  to  be  marked,     -  306 

"  "  "        to  purchase  and  send  corn  to  the  Penob- 

scot Indians,   -  -  -  .      360 

"  "  "        to  deliver  Captain  Cleaves  seventy -five  lbs. 

of  powder,  for  so  much  expended  at  the 
interment  of  General  C.  King,       -  447 

"  "  *'        to  build  a  brick  wall,  to  enclose  the  Labor- 

atory Yard,  in  Boston,  -  -      450 

to  change  or  sell  condemned  Cannon,  &c.     451 
granted  glOO,  for  expenses  of  two  Penob- 
scot Indians,         -  -  .  503 
to  furnish  Ebenezer  Weston  and  others, 

with  arms,       -  -  -  _      527 

to  notify  Frankfort  to  return  muskets,  528 

grant  to,  for  supplies  furnished  the  Com- 
missioners appointed  to  treat  with  the 
Penobscot  Indians,  -  -  661 

"  "  "        to  report  annually  the  expense  of  his  office,  709 

R. 

Ramsdell,  William,  a  wounded  soldier,  grant  to,  -  -      706 

Randall,  Elizabeth,  Commonwealth's  right  to  certain  estate,  released 
to,    -  -  -  -  -  -  -  -  101 

Rathbone,  Hepzibah,  authorized  to  execute  to  B.  Hayward,  -        99 

Read,  George,  granted  ^40,  for  a  forfeited  recognizance  of  A.  Whit- 
ney, ..-.-..  511 
Records  of  Plymouth  Colony,  Committee  to  examine  and  report  how 
far  it  is  proper  to  have  them  deposited  with  the  Secretary  of  the 
Commonwealth,              ......      514 

(Committee  compensated,  see  Roll  79,  of  Committee  on  Accounts.) 
Records  of  Plymouth  Colony,  Committee  to  cause  them  to  be  tran- 
scribed, bound,  &c.   -  -  617 
**                  '*              "        B.  R.  Nichols,  Esquire,  compensated 

for  abstracting,  &c.         -  -      680 

Report,  on  the  proposition  of  North  Carolina,  for  an  amendment  of 

the  Constitution  of  the  United  States,  -  -  155,  706 

Reporteron  contested  Elections  of  Representatives,  granted  pay,  258,  260 
Reports,  Term,  additional  allowance  for   -  -  -  -      501 

Rhode  Island,  Commissioners  to  ascertain  the  north  line  of,  conti- 
nued on  the  part  of  Massachusetts,  with  ample  powers,       ~  488 


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IKDEX. 

Rice.  Elizabctii,  the  Administrator  of  the  estate  of  Phineas  Rice  to 
execute  i»  deed  to.  -  -  -  -  -  -        34 

Rice.  Phineas.  as  Guardian,  empowered  to  execute  a  deed,     -  674 

Richardson,  James.  Lucj  Savles  authorized  to  convey  land  to.  62 

"  Alford.  and  0.  CrosbT.  Esquire,  appointed  to  examine 

the  Paupers  in  the  several  Alms  Houses,  -  444 

Richards.  John,  the  Agent  on  eastern  land  and  Committee  of  Coun- 
cil to  determine  what  shall  be  allowed  on  his  bond,  131 
•'  "      permitted  to  export  Lard  without  inspection,        -      443 

Riplev,  David,  as  Guardian,  empowered  to  execute  a  deed,     -  66S 

Rixford.  David,  grant  to.  for  detecting  Counterfeiters,       -  -        50 

Robb,  Greorge.  permitted  to  transport  Fish  without  inspection.  306 

Robberts.  Howell,  grant  to.     -  -  -  -  -  606 

Robbins,  Honorable  Edward  H.  to  complete  accounts  against  the 

United  States,  -  -        63 

**  *•  "  appointed  Agent,  to  receive  and  li- 

quidate remaining  claims  for  mil- 
itary services,  &c.  -  116 
«               «                 «              grant  to,              .             .             -      iQj 
"              "                "             appointed   Agent  for  the  sale  of 

eastern  lands,        -  -  ,245 

a  ^  a  grant  to,  for  services  as  Commis- 

sioner of  the  War  Office,  253 

**  "  **  grant  to.  as  Agent  on  eastern  lands,  359 

**  "  *•  grant  to.  as  Commissioner  for  sale 

of  eastern  lands.  -  -      448 

Robinson,  William,  appointed  Guardian  to  the  Dudley  Indians,  120 

Robinson,  James,  grant  to.  for  expense  of  a  Well  and  Engine  House 

in  the  State  House  Yard.  -  -  259 

"  "       (see  Roll  of  Committee  on  accounts.  No.  73.)  380 

Rogers.  Benjamin,  authorized  to  sell  estate  of  certain  minors,       -      243 

Ross.  Hannah,  right  of  the  Commonwealth  to  estate  relinquished  to,  347 

Roxbury,  doings  of  Assessors  of  the  Second  Parish  made  valid,  534 

Trustees  of  Eliot  Schod  Fund  permitted  to  sell  salt  marsh,  622 

Rowell,  Lucy,  and  children,  allowed  to  occupy  certain  lands,  673 

Rudberg.  Ann,  allowed  to  possess  certain  estate  during  her  life.         677 

Ruggles.  Ezra,  Samuel  Eastman  to  execute  a  deed  to,  of  land  in 

Hardwick,    -  -  -  -  -  -  '         -  100 

Rupp.  Adam,  pensioned,  -  -  -  -  -  -170 

Russell,  Benjamin,  appointed  State  Printer,  -  -  35,  227.  408,  600 

"       Joseph,  authorized  to  make,  and  file  his  affidavit  in  Middle- 
sex,       -  -  -  -  -  -  -  -      326 

Rutter,  Micah.  authorized  to  make,  and  fiJe  his  affidavit  in  Middle- 
sex, 1  -  -  -  -  *  -  327 

S. 

Saltonstall,  Leverett,   authorized    to  sell  real  estate  in  Hancock 
County,  the  property  of  the  minor  children  of  Richard  Saltonstall 

Badger,              -..--.-  411 

Salisbury.  East  Parish,  Assessors  empowered  to  sell  lots,        -  603 

Saugus.  Tax  abated,          ......  407 

••       Records  of  Congregational  Parish  made  valid,              -  6IO 

Sayles.  Eliiha,.  Lucy  Savles  authorized  to  convey  estate,              -  62 


INDEX. 

School  Donation  in  Hadlev.  Committee  empowered  to  sell  land,  &c.  112 
Scott.  Rufus,  Adniiaistrators  on  estate  of  Gilbert  Stacv.  to  execute 
a  deed,         --....-  132 

Sea  Fencibles,  in  Boston,  may  consist  of  masters,  mates,  and  super- 
cargoes, -----      510 

"  "  Governor  authorized  to  form  a  company  in  Boston,      431 

Sebec,  laws,  &c.  to  be  delivered  for,    -  -  -  -  90 

"       doings  and  records  made  valid,       -  -  .  -      408 

Secretary,  to  cause  Jenkins'  Art  of  Writing  to  be  bound,        -  53 

"         to  distribute.      ...  -  -  -        32 

"         his  salary  established,  ...  -  58 

"         to  lay  before  the  General   Court,  annually,  a  list  of  the 

towns.  &c.    ------      152 

*'         to  contract  for  printing  fourth  volume  General  Laws,  89 

''         to  purchase  550  copies  of  first  volume  of  Massachusetts 

Term  Reports,  and  deliver,         -  -  -  174 

"         to  deliver  Term  Reports  to  Attorney  and  Solicitor  Gen- 
eral, ------        93 

''        to  subscribe  for  1000  copies  of  the  Map  of  the  District  of 

Maine.  &c.  -  -  -  -  -  112 

"         to  deliver  to  Agent,  to  receive  and  liquidate  claims  for 
military  services.  &c.  during  the  late  war.   necessary 
papers  to  substantiate  a  claim  against  United  States.      115 
'•'        to  notify  Electors  of  President  and  Vice  President  of  the 

United  States  of  their  election,  .  -  -      034 

"         to  furnish  Exeter  with  laws,  &c.     ...  •3^5 

"         to  subscribe  for  copies  of  State  Papers,  .  -      £42 

'•         compensation  to.  for  superintending  the  printing  4th  vol- 
ume General  Laws,        -  -  -  .  055 
"         his  salary.          -             .             .            -             .           ogo,  449 
"         to  distribute  Maps  and  Statistical  View  of  Maine,       260,  359 
"         to  cause  to  be  printed  and  distributed  the  Report  and  Act 
on  the  subject  of  the  separation   of  the  District  of 
Maine  from  Massachusetts,                -             -             -      253 
*'         to  subscribe  for  copies  of  Maps  of  the  United  States,           304 
"        to  loan  to  the  Agent  of  the   United  States  books.  &c.  re- 
lating to  the  Eastern  Boundary.        -             -             .      335 
"        to  deliver  Laws.  ice.  to  County  Treasurers,  and  Regis- 
ters of  Deeds,           .            .            ,            .            .      359 
"        to  deliver  Proceedings  of  Courts  Martial  to  Adjutant 

General,        ------      351 

"        to  purchase  fifty  additional  copies  of  Term  Reports,  410 

"         to  transmit  the  Resolve  for  ascertaining  the  number  of 
Deaf  and  Dumb  Persons,  and  make  report  to  the  Le- 
gislature, of  all  returns,         -  -  -  .      418 
""       to  deliver  certain  Books  to  Register  of  Deeds  for  Norfolk 

County.         ------      432 

"        to  allow  fifty  cents  additional  for  Term  Reports,     -  501 

"        to  deliver  Term  Reports  for  the  Adjutant  General's  Of- 
fice, -  -  -  -  -  -      677 

"        to  deliver  Books  for  the  town  of  Eastport.  -  -  688 

**        and  other  Officers,  to  report  annually,  the  expense  of 

their  Ofl&ces,         -."-,=     709 
112 


INDEX. 

Selectmen.  &c.  required  to  report  tlie  number  of  Deaf  and  Dumb 
persons  in  their  towns,  &;c.  ....  41^ 

Senators  and  Representatives  in  Congress,  to  endeavor  to  obtain  an 
allowance  of  llie  claims  of  this  Commonwealthj  for  expenses  in  the 
late  war.  -  ......      440 

Settlers  in  J^erson,  and  six  other  towns,  time  for  quieting,  extended,  421 
"       on  No.  4.  east  Penobscot  River,  granted  further  time  to  pay 

for  lots,       .--.-.  151 

"        Trustees  of  Lincoln  Academy,  to  quiet,    ...     153 
«       in  Bristol,  &c.  allowed  further  time  to  pay  for  lands,  147 

'■       within  nine  townships,  on  Penobscot  River,  Commissioners 

directed  to  sell  land  to,      -  -  -  -  4S0 

Sevey.  David,  granted  SI 25,        ....  34,706 

Sewall,  David,  authorized  to  keep  the  offices  of  Register  of  Probate, 

and  Clerk  of  the  Judicial  Court,  at  Kennebunk.        -  -  616 

Shaw.  Nathaniel,  granted  S^O,  for  expense  of  a  wound,     -  -      1£3 

Sheriff  of  Penobscot  County,  authorized  to  remove  prisoners  from 

Castine  Gaol,  ..._.-  521 

Sherrill,  Augustus,  allowed  g220  50,  for  certain  repairs,   -  -      610 

Siblev.  Job,  and  H.  Brigham,  authorized  to  execute  a  deed  to  Samu- 
elHunt,'       .......  333 

Skinner,  Thomj>son  J.  late  Treasurer,  sureties  discharged,  -      234 

Slough  Sleadow,  Commissioners  appointed  to  assess  proprietors,  40 

Small,  David,  and  others,  allowed  expenses  in  an  action  of  the  State 

for  trespass  on  lands,  in  Minot,       .  -  -  .  164 

Smead,  Solomon,  remitted  costs,  _  .  _  31^  i2£ 

Smith,  Albert,  surety  of  the  late  Treasurer  Skinner,  not  to  be  ar- 
rested, -.-..-  .     234,  125 
Smith.  William,  Esquire,  Administrator  to  receive  warrant  for  pay,    231 
<'       Enos,  liis  bond,  as  Agent  for  Ashfield,  given  to  Board  of  War 

to  be  cancelled,  .....      341 

Society  for  propagating  the  Gospel  in  foreign  parts,  lands  released  to,     54 
«         "  '•  "         "      in  North  America,  lands  in  Prince- 

ton, transferred  to,  -  103 

Societies,  Massachusetts  and  Berkshire  Agricultural,  grants  to,  339 

Solicitor  General,  Secretary  to  deliver  Term  Reports,       -  -        93 

«  "         to  sell  estate,  late  of  B.  Bidwell.     -  -  142 

"  "        to   ascertain  fee  of  land,  in   West  Cambridge, 

(J.  Wellington,)         -  -  -  -306 

«  "         to  quit  claim  title  to  J.  Stone's  estate,  in  Harvard,  308 

"  "         grant  to,  for  services,  &c.  in  survey  of  land  in  Hi- 

ram, -----  308 

Solon,  Selectmen  authorized  to  sell  ministry  land,  -  -      419 

"       Records  confirmed,       -----  516 

Somerset  County,  Tax  granted,    -  -  -        117,338,494,687 

Soule,  James,  a  wounded  soldier,  grant  to,       -  -  -  706 

South  Berwick,  doings  of  the  Assessors  of  the  First  Parish,  made 

valid,      -.--..--      442 
Spaulding,  Zebulon,  Treasurer  to  issue  a  new  note  to,  -  496 

Spring,  Seth,  and  others,  inquest  of  office  to  be  instituted  to  settle 

title  to  land  in  Prescott's  Grant,  in  Hiram,        -  -  -      118 

Spring,  Seth,  and  others,  Commissioners  to  settle  with,  respecting 
overplus  land  in  Baldwin,  aad  Frescott  Grant,        -  522,  702 


INDEX. 

Sprague,  Abigail,  as  Administratrix,  authorized,  with  others,  to  exe- 
cute a  deed  to  proprietors  of  a  meeting  house,  in  Bath,        -  479 
Sprague,  Samuel,  authorized  to  cover  parts  of  his  house  with  clap- 
boards,               -            -            -            -            -            -             -661 

Stacy,  Azubah  R.  and  Rufus  Stratton,  empowered  te  execute  a  deed 

to  R.  Scott,  132d  p.  to  S.  James,      -  -  -  .  133 

Standish,  doings  made  valid,         -----      604 

State  House,  Committee  to  cause  a  "Well  to  be  dug,     -  -  233 

"         '•  "  to  cause  an  Engine  House  to  be  built,  238 

"         "  "  grants  to,  for  the  above,  -  -      259 

*'         "       Yard,  Governor  requested  to  appoint  Commissioners 

to  superintend  the  removal  of  the  rear  wall,  &c.         362 
"         "       Fire  Proof  Building  to  be  erected,  for  security  of  pub- 
lic Records,  &c.  -----      485 

"         "       grant  to  J.  Hunewell,  for  repairs  on,       -  -  685 

Statutes,  British,  Judges  of  the  Supreme  Judicial  Court  appointed 
a  Committee  to  examine  and  report  what  have  been  adopted  and 
practised  upon  in  this  State,      -----      695 

Stevens,  Jeduthan,  Junior,  §50  granted,  _  -  -  34 

Stedman,  William,  late  Clerk  of  the  Courts  in  Worcester,  to  pay 

balance  to  the  Treasurer,  -  .  _  .  -      407 

Stone,  William,  discharged,  &c.       -----       523 

Suffolk  County,  Tax  granted,  -  -  117,338,527,691 

Sullivan,  William,  empowered  to  sell  estate  of  John  Gray,  deceased,     90 

"         George,  as  Guardian  to  D.  Pierce's  children,  authorized  to 

perform  certain  contracts,  -  -  415 

Surveyor  General,  salary  fixed,     -----      526 

Sweden  and  Lovel,  proprietors  doings  made  valid.      -  -  47 

T. 

Tarbell,  Grosvenor,  his  affidavit  made  valid,  -  -  122 

Taxes  granted  to  the  County  of  Barnstable,  117,  336,  494,  687 

"           "           "  "  of  Berkshire,  117,327,494,687 

<'           "           «  '«  of  Bristol,  117,336,423,494,687 

.«           «           <«  "  of  Cumberland,  49,117,336,494,687 

<«           «           «  "  of  Dukes' County.  58,423,611 

«           «           «  "  of  Essex.             '  117,336,494,687 

«           «           '•  «  of  Franklin,  29,  139, 324,  494,  687 

«           "           «  «  of  Hampden,  139,  324, 494,  687 

«           «           "  "  of  Hampshire,  139, 338,  494,  687 

«           «           «  "  of  Hancock,  117,338,494,687 

"  "  of  Kennebec,  117,353,494,687 

«  of  Lincoln,  117,423,494,687 

«           «           "  "  of  Middlesex,  117,324,494,687 

«           "           "  '      «  of  Norfolk,  117.336,423,494,687 

«           «           «  "  of  Oxford,  117,338,494,687 

«           «           «  «  of  Penobscot,  338, 494,  687 

«           «           «  «  of  Plymouth,  56,237,423,611,687 

«           «           «  *'  of  Somerset,  117,338,494,687^ 

«           «           «  «  ofSuftblk,  117,338,527,691 

«           «           «  "  of  Washington,  117,423,494,657 

«          «          «  «  of  Worcester.  117,324,494,601,687 

"          «          «  «  of  York.         '  139,336,494,68: 


(6  a  a 


INDEX. 

Taxes.  Eastport,  abated,    --.-.-      g^g 
*'      Essex  Bank,  discharged  from  the  payment  of,  -  688 

"      Township,  No.  7,  released  from,    -  -  -  -      342 

"      on  Lynn,  Georgetown,  and  Canaan,  in  part  set  to  other  towns,  1 87 
"      remitted  to  sundry  places,         -  _  .  -  504 

Taylor,  Melinda,  grant  to,  .....      628 

Thaxter,  Samuel,  and  R.  H.  Thayer,  Guardians,  authorized  to  sell 

estate  of  certain  minors,      -  -  -  -  332,  444 

Thomas,  Joshua,  a  deed  of  Indian  land  confirmed,  -  -      693 

Thompson,  William,  grant  to,  for  adjusting  the  books  and  papers  of 

the  State  Prison,      -...-_  530 

Thompson,  David,  addition  to  his  pension,  -  -  .      706 

Town,  Israel,  a  wounded  soldier,  grant  to,      -  -  -  706 

Towns,  &c.  to  return  arms  loaned  to,        -  -  -  -        46 

*'        "     forfeiture  for  not  returning  arms.  &c.        .  -  46 

"  "  required  to  transmit  to  the  Quarter  Master  General  the 
reasons  why  they  should  not  be  called  upon  to  pay 
for  munitions  of  war  not  I'eturned,  -  -      159 

"       and  individuals,  who  have  returned  muskets,  &c.  lent  them, 

discharged  from  liability,     ....  248 

Township  No.  7,  seventh  range,  north  of  the  Waldo  Patent,  taxes 

abated,  -..._..      342 

Tovvnsend,  David,  Firewards  of  Boston,  may  permit  him  to  build 

stables,  ....  104 

"  "       Guardian  to  Abraham  Pierce,  of  Waltham,  au- 

thorized to  sell  real  estate,  -  525,  338 

Treasurer,  to  delay  a  warrant  of  distress  against  Marblehead,  29 

"         to  issue  his  warrant  to  the  Assessors  of  Westbrook,  to 

assess  S432,       .....  47 

"         to  issue  his  warrant  to  the  Assessors  of  Wellington,  to 

assess  S133  33,        -  -  -  -  -57 

"         authorized  to  borrow  money  for  the  erection  of  an  Arse- 
nal, &c.      -  -     48,  160 
*'                 "                   "            "      for  ordinary  demands, 

50,  263,414,  6U 
"         his  salary,        -  -  -  -  -   58, 262,  449 

"  «  (see  a  law  of  18th  February,  1819.) 

"         grant  to,    -  .  _  .  .  .  60 

"         authorized  to  transfer  United  States'  Stock  to  the  Boston 

Bank,      .....        96 
"  "  to  credit  L.  Moody,  Collector  of  Waldobo- 

rough,  gS3,    -  -  -  -  111 

"  "  to  stay  process  against  bondsmen  of  the  late 

Sheriff  Learnard,  -  -  -      111 

"  "  to  deliver  the  Agent  for  receiving  and  liqui- 

dating claims  for  services,  &c.  during  the 
war,  any  papers  in  his  office,  necessary  to 
substantiate  a  claim  against  the  United 
States,  -  -  -  -  118 

"  "  to  pay  the  Quarter  Master  General  the  bal- 

ance of  five  military  pay  rolls,     -  -      115 

"  "  to  pay  the  Clerk  of  the  Supreme  Judicial 

Court,  Middlesex,  g700,  and  interest,  for 
James  Martin,  -  -  -  150 


INDEX. 

Treasurer,  authorized  to  recal  his  execution  against  Bridge's  Plan- 
tation,    -  -  -  -  -      169 

«  "  to  notify  the  Union  and  Boston  Banks,  that 

the  Legislature  direct  that  they  purchase 
the  Commonwealth's  Stock,  -  170 

"  "  to  cancel  bonds  of  Ingersol  and  Hodgdon,  on 

condition,  .  .  -  -      147 

"         Report  on  his  communication  relative  to  interest  and  re- 
imbursement of  principal  on  the  debt  due  from  the 
United  States,    -  ....  264 

^-*         authorized  to  pay  dues  on  certain  rolls  and  abstracts  for 
military  services  and  supplies,  not  paid  by 
General  Richardson,  and  the  Quarter  Mas- 
ter General,         -  -  -  -      239 

"  "  to  cancel  the  bond  of  Potter  and  Ingersol,  on 

condition,      -  -  -  -  242 

"  "  to  suspend  issuing  warrants  for  the  collection 

of  certain  Taxes  on  unimproved  lands,  in 
Maine,     -----      251 

"  "  to  receive  fines  collected  by  Militia  Officers, 

from  drafted  persons,  -  -  258 

"  "  to  sell  State  Stock  in  the  Boston  and  Union 

Banks      -----      297 

«  «  to  sell  United  States'  Treasury  Notes,  329 

"  "  to  issue  a  new  note  to  J.  Whitcomb,     -  303 

"  "  to  notify  the  President,  &c.   of  the  Union 

Bank,  that  they  purchase  the  States'  Stock,  329 
"  Commissioners  appointed  to  adjust  the  accounts  of,  437 

"  authorized  to  apply  gl  1,000,  received   from  the  United 

States,  to  the  payment  of  the  debt  contracted  by  the 
late  war,      ------      44] 

"         directed  relative  to  Taxes  on  lands  in  Maine,  purchased 

by  the  late  William  Bingham,     -  -  -  519 

"         authorized  to  suspend  prosecution  of  the  sureties  of  the 

late  Sheriff  McMillan,     -  -  511,712 

"  "  to  issue  a  new  note  to  John  Capen,  3d,  482 

«  «  «  «'       "    toZ.  Spaulding,    -  496 

"  "  to  deliver  up  the  bond  of  Joseph  Treat,  of 

Bangor,  on  condition,       -  .  .      493 

^'  "  to  credit  sundry  places  with  Taxes  remitted, 

-       342,  504 
"  "  to  credit  Augustus  Sheverill,  S220  50,  on  an 

execution  for  rent  due  the  Commonwealth,  610 
"         Committee  to  examine  his  accounts,  -  -  621 

Trustees  of  Williams'  College,  allowed  further  time  to  locate  a 

township  of  land,         -  -  -  -  -      123 

"       of  Belfast  and  Phillips  Limerick  Academies,  granted  fur- 
ther time  to  make  settlement  on  land,      -  -  126 
"       of  Lincoln  Academy,  authorized  to  quiet  settlers  on  a  gore 

of  land,  -  -  -  -  -  -      153 

"       of  Elliot  School  Fund,  (Roxbury,)  authorized  to  sell  salt 

marsh,       --.--_  622 

Turnpike,  Housatonic,  Committee  to  view,  and  report  where  gates 
should  be  erected,  -  -  -  -  -  -      ^51 


INDEX. 

U. 

United  States,  report  respecting  claims  against,    -  -  -      628 

W. 

Waite,  Tliomas  B.  &  Sons,  Secretary  to  subscribe  for  six  copies  of 

State  Papers,     ------      042 

"      Samuel,  to  be  discharged  from  Worcester  Gaol,  -     315,  482 

Walcutt,  Thomas,  grant  to,  of  S6S  54,  pay  granted,       64,  177,  625,  713 
"VValdoborough,  abated  S33  for  money  lost,  -  -  -      111 

"Walter,  Lynde,  authorized  to  sell  certain  real  estate,  -  6l9 

Ward,  the  present  Assessors  to  issue  their  warrant  for  the  collection 
of  taxes  of  1815,  not  yet  paid,    -----      409 

Washington  County,  Tax  granted,        -  -  117,423,494,687 

"  "        doingsofCourtof  Sessions  and  Clerk  made  valid,  488 

Weaver,  Captain  Sheffel,  appointed*Guardian  to  the  Troy  Indians,      606 
Webster,  Daniel,  Guardian  to  Allen  McLaughlin,  Commissioners  of 

Land  Office,  directed,  .  .  .  -  .  433 

Weeks,  Lemuel,  grant  for  services,  at  Portland,  -  -  .      143 

Wellington,  Si 33  33,  added  to  their  State  Tax,  -  -  57 

Wellington,  Jeduthan,  Solicitor  General,  to  ascertain  fee  of  land  in 

West  Cambridge,    ------  306 

Westbrook,  g432,  to  be  assessed  on,        -  -  -  -       47 

"  Assessors  of  the  First  Congregational  Society,  author- 

ized to  issue  warrants  for  the  collection  of  back  taxes,  416 
Westfield  Bridge,  Court  of  Sessions,  for  Hampden  County,  to  de- 
fray part  of  expense,      -  -  -  -  -  -166 

Weston,  Jonathan  D.  Judge  of  Probate  for  Washington  County,  au- 
thorized to  allow  further  time  for  the  exhibition  of  claims  against 
the  estate  of  John  L.  B.  Green,  deceased,  -  -  -  419 

Weston,  Ebenezer,  and  others,  Quarter  Master  General  to  furnish 

arms,  &c.  for  those  lost  by  them  at  Bangor,  in  1814,  -  527 

Weston,  Ephraim,  Stephen  Codman,  Executor  of  the  will  of  John 

Codman,  empowered  to  execute  a  deed  to,  -  -  528 

Wheeler,  Leonard,  to  be  discharged  from  the  Gaol  in  Worcester,       119 
*'       Samuel  H.  discharged  as  Bondsman  of  the  late  Treasurer 

Skinner,        ------       322 

Wheelock,  Martin,  a  wounded  soldier,  grant  to,  and  pension,  705 

Wheeler,  Loring,  a  wounded  soldier,  granted  S60,  -  -        441 

Whitney,  Daniel,  compensated  for  loss  of  Land,        -  -  42 

Whitcomb,  David,  compensated  for  expenses  of  sickness,  -        110 

"  John,  Treasurer  to  issue  a  new  State  Note  to,      -  303 

White,  Susannah,  Administratrix  of  the  estate  of  Moses  White, 

affidavit  made  valid,  -  .  .  _  95 

"      Ebenezer,  authorized  to  sell  estate  of  J.  King,    -  -       356 

Whitman,  Kilborn,  grant  to,  for  services  as  Agent  to  Christiantown,  510 

Whiting,  Stephen,  a  revolutionary  soldier,  balance  due  to  be  paid 

his  heirs,     -------  159 

Whitwell,  Benjamin,  Esquire,  grant  for  services  as  Deputy  Secretary,  176 
Wilder,  David,  authorized  to  sell  estate  of  David  Wyer,       -  352 

Willard,  Sidney,  Guardian  to  certain  minors,  empowered  to  sell 
real  estate,    '------  165 


INDEX. 

Williams,  Thomas,  Attorney  General  to  ascertain  and  agree  with 
him  upon  the  line  between  his  and  the  Commonwealth's  land,  in 
Roxbury,  ---..._        123 

Williams'  College,  further  time  allowed  for  locating  land,     -  694 

Williams,  Ebenezer  H.  and  A.  Stebbins,  Overseers  of  the  Poor  of 
Deerfield,  the  Administrator  on  the  estate  of  B.  Shelden,  author- 
ized to  pay  the  residue  in  his  hands,  for  support  of  E.  Gardner 
and  children,  ----..  605 

Winch,  John,  discharged  from  a  warrant  of  distress  and  prison,  249 

Worcester  County,  Tax  granted,       -  -       117,324,494,601,687' 

"  "        Justices  of  Common  Pleas  may  examine  votes 

for  a  Register  of  Deeds,        -  -       225, 295 

Y. 

York  County,  Tax  granted,  -  -  -        139, 336, 494,  687 

"        "        Register  of  Deeds,  autliorized  to  keep  his  office  at  Al- 
fred, .....  330 

York,  David,  compensated  as  a  witness,  in  the  case  of  Thomas  Kee- 
ler.  Esquire,       -  -  -  -  -  -  -331 

Young,  Richard,  granted  forty  acres  of  land,   -  .  .  130 

"  "         Honorable  John  Holmes  authorized  to  convey  land 

to,         -  -  -  -  -  -      131 

"       William,  Judge  of  Probate,  Berkshire,  to  allow  further  time 

for  creditors  to  exhibit  their  claims,  -  154 

"  Gurrence,  Administratrix  on  the  estate  of  William  Young, 
Esquire,  authorized  to  remit  payment  of,  and 
cancel  her  note,    -  -  .  .  4J3 


END  OF  YOLUiME  VH, 


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