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


















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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 





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 


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